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Home My WebLink AboutResolution 5983-06-2024%i_ A Resolution NO.5983-06-2024 A RESOLUTION DETERMINING THE NECESSITY FOR ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION OR CONDEMNATION FOR PUBLIC USE WHEREAS, the Fort Worth City Council on June 25, 2024, in M&C 24-0580 ordered and decreed that a public necessity existed to acquire 0.65 acres of Iand in fee simple, from real property located at 4350 Southwest Boulevard, in the Franklin S. Perry Survey, Abstract No. 1226, Tarrant County, Texas, as described in the exhibits attached to the above -referenced M&C; those exhibits are incorporated herein for all purposes (the "Property"); WHEREAS, the Fort Worth City Council has determined that: - the Property is needed for the Trail Gap Bomber Spur (the "Project"); - the land rights in the Property are needed to construct a 12' wide shared -use Bomber Spur Trail ,from Calmont Avenue to West Vickery Boulevard; - public necessity required the acquisition by condemnation of the Property, located within the alignment of the Project; - the use of the Property will be a public use; and - the Real Estate Division of the Property Management Department is authorized to acquire by negotiation the Property needed for the Project. WHEREAS, negotiations between the City of Fort Worth and the property owner, Patricia Miller (Deceased) were unsuccessful due to the inability to find the heirs of the. vested owner and obtain clear title for the property interest being acquired by the City of Fort Worth; and WHEREAS, on this 25t' day of June 2024 at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Crain, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing the use of the power of eminent domain to acquire 0.65 acres in fee simple from real property owned by Patricia Miller (Deceased). The property interest is needed for the Bomber Spur Trail project to construct a 12' wide shared -use Bomber Spur Trail from Calmont Avenue to West Vickery Boulevard. The property is located at 4350 Southwest Boulevard, in the Franklin S. Perry Survey, Abstract No. 1226, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Seconded by Councilmember Lauersdorf, duly put and carried: RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: The City of Fort Worth, Texas, is authorized to use the power of eminent domain to acquire the Property for the public use and inclusion in the Project; and The City Attorney be and is hereby authorized and directed to file or cause to be filed, to spend all reasonable and necessary legal expenses, and to carry through to final judgment proceedings in eminent domain for the acquisition of the property interest listed above and attached to the M&C. Adopted this 25th day of June 2024. ATTEST: By: (1 Jannette S. Goodall, City Secretary 021 PMD CPN 104345 PARCEL 2 ACQUISITION MAP BOMBER SPUR TRAIL PROJECT COUNCIL DISTRICT 3 4350 Southwest Boulevard 1 Y 1 - � • y A' 49 *LOCATION OF BOUNDARY IS APPROXIMATE. Right -of -Way Fee Simple = 0.65 Acre Project Site S Fort Worth ° x� Copyright 2017 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering. or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data FORTWORTH EXHIBIT "A" BOMBER SPUR TRAIL PHASE 11 CITY OF FORT WORTH PROJECT NO. 104346 PARCEL NO.2 FRANKLIN S. PERRY SURVEY, ABSTRACT NO. 1226 Being a 0.65 acre (28,035 square feet) tract of land situated in the Franklin S. Perry Survey, Abstract No. 1226, City of Fort Worth, Tarrant County, Texas, and being a portion of a called 0.65 acre tract of land described as Tract No. 2 conveyed as a right-of-way easement to the United States of America as recorded in Volume 1492, Page 343 of the Deed Records of Tarrant County, Texas, and subsequently released in Volume 15317, Page 331 of said Deed Records of Tarrant County, Texas, said 0.65 acre (28,035 square feet) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the east corner of Lot 4, Block 70 of Ridglea Hills, an addition to the City of Fort Worth as recorded in Volume 388-11, Page 45 of the Piat Records of Tarrant County, Texas, said 1/2 inch iron rod being the north corner of Lot 5, of said Block 70, said 1/2 inch iron rod also being in the southwest line of Overhill Road (50.0' right-of-way); THENCE North 27 degrees 43 minutes 15 seconds West, with the northeast line of said Block 70 and with the southwest line of said Overhill Road, a distance of 160.00 feet to a 3/8" iron rod found for the east corner of Lot 2 of said Lot 70 and for the north corner of Lot 3 of said Block 70; THENCE South 71 degrees 06 minutes 17 seconds West, a distance of 135.81 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the POINT OF BEGINNING, said 518 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" being the north corner of said Tract No. 2 and the east corner of a called 1.01 acre tract of land described as Tract No. 3 conveyed as a right-of-way easement to the United States of America as recorded in Volume 1492, Page 343 of the Deed Records of Tarrant County, Texas, and subsequently released in Volume 15317, Page 331 of said Deed Records of Tarrant County, Texas. THENCE South 27 degrees 46 minutes 51 seconds East, with northeast line of said Tract No. 2, a distance of 195.94 feet to a calculated point for corner for the beginning of a curve to the left having a radius of 739.50 feet, a delta of 30 degrees 07 minutes 19 seconds, and whose chord bears South 42 degrees 40 minutes 58 seconds East, a chord distance of 384.31 feet; THENCE Southeasterly, with said curve to the left, an arc distance of 388.77 feet to a 518 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the east corner of said Tract No. 2, said 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" being in.the north line of Vickery Boulevard (70.0' right-of-way); THENCE South 89 degrees 30 minutes 45 seconds West, with the south line of said Tract No. 2 and with the north line of said Vickery Boulevard, a distance of 86.26 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the southwest corner of said Tract No. 2, said 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" being the beginning of a curve to the right having a radius of 789.50 feet, a delta of 24 degrees 50 minutes 37 seconds, and whose chord bears North 40 degrees 02 minutes 56 seconds West, a chord distance of 339.66 feet; THENCE Northwesterly, with said curve to the right, and with the southwest line of said Tract No. 2, an arc distance of 342.33 feet to a calculated point for corner; Exhibit "A:'- Page 1 of 2 EXHIBIT "A" BOMBER SPUR TRAIL PHASE II CITY OF FORT WORTH PROJECT NO. 104345 PARCEL NO. 2 FRANKLIN S. PERRY SURVEY, ABSTRACT NO. 1226 THENCE North 27 degrees 46 minutes 51 seconds West, with the southwest line of said Tract No. 2, a distance of 195.88 feet to a 518 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the west corner of said Tract No. 2 and for the south corner of said Tract No. 3; THENCE North 62 degrees 13 minutes 09 seconds East, with the northwest line of said Tract No. 2 and with the southeast line of said Tract No. 3, a distance of 50.00 feet to the POINT OF BEGINNING, and containing 28,035 square feet or 0.65 acres of land, more or less. Notes: (1) A plat of same date herewith accompanies this legal description. (2) Bearings are referenced to the Texas State Plane Coordinate System, NAD-83 (2011), North Central Zone (4202). All distances and areas shown are surface. June 26, 2023 Revised: June 27, 2023 Revised: June 28, 2023 d4CNARD KENNEDY r ` 5527 .£S5!0 l�c.�J�/ Richard Kennedy iI"\ Registered Professional Land Surveyor Texas No. 5527 Gorrondona & Associates, Inc. Texas Firm No. 10106900 Exhibit "A" - Page 2 of 2 EXHIBIT "B " PARCEL No. 2 LOT 1R, BLOCK 71 ` RIDCLEA HILLS \20' UTILITY AND DRAINAGE EASEMENT VOLUME 388-71, PAGE 378 �� VOLUME 388-11, PAGE 45 P.R.T.C.T. / " P_R.T.C.T. \ 1Ov 0 •�` �� ` `` LOT 2 `FND 3/8"IR 5• ��/ 15LniG� No G\ LOT R R 1, bfA 5 LOT �y do ' P. 0. C. P. TIP.``y O `� LOT 4 3 '� N .% •'FND 1/2IR ` 100 50 0 100 RIGHT—OF—WAY EASEMENT ? ::: \\ LOT s PORTION OF �. TRACT 2 `� \ SCALE IN FEET UNITED STATES OF AMERICA O /-" �• VOLUME 1492, PAGE 343 LOT B D.R.T.C.T. C� 70 \ \ RELEASED IN `. 0 L VOLUME 15317, D R.T C,TPAGE 331 TRACT 2 �I�C'I.� SIp G� k5 \ j SAI BUSINESS UN� 3g$'i G.I i v01 p,R, ` I I ASSOCIATION, INC., - j I DBA QUICK MART #3 Lor 7 I 1 3100 RIVERWOOD DR ` FORT WORTH, TX 76116 INSTRUMENT No. I I D204262092 _ — Lore I O.P.R.T.C.T. .....::::::...�::. II F jl I TRACT 1 LOW e r I I SAI BUSINES :ii:i ::::.};;:•:::::. \` 1 I LOT to I IASSOCIATION. INC.. DBA QUICK 3100 RNERWOOO DR I I IFORT WORTH, TX 76116 .. ..... INSTRUMENT No. L- 0204262092 -- - ........... - _ O.P.RT. .C_T.- - - - ...::::::�r.��iii:::. WEST VICKERY BOULEVARD (70.0' RIGHT--OF—WAY) REVISED: JUNE 27. 2023 ForrWorm City o F Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 BOMBER SPUR TRAIL PHASE 2 PARCEL NO. 2 CITY PROJ. NO. 104345 RIGHT—OF—WAY AND EASEMENT OWNER: PATRICIA MILLER SURVEY: FRANKLIN S. PERRY SURVEY, ABSTRACT NO. 1226 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 28,035 SQUARE FEET OR 0.65 ACRES WHOLE PROPERTY ACREAGE: 28,314 SQUARE FEET OR 0.65 ACRES (DEED) JOB No. KHA 2221.00 DRAWN BY: BM I CAD FILE: P2_R01.DWG RICHARD KENNEDY +' ° 5527 S! i KENNEDY PROFESSIONAL LAND m GORRONDONA & ASSOCIATES, INC. • 28M N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 ■ EXHIBIT "B " PARCEL No. Z LEGEND 5/8" CAPPED IRON ROD STAMPED ® "GORRONDONA & ASSOCIATES" a FND MONUMENTATION (SIZE AND TYPE NOTED) CALCULATED POINT - - PROPERTY/RIGHT-OF-WAY LINE ------------ EXISTING EASEMENT LINE ------------ PROPOSED EASEMENT LINE SURVEY/ABSTRACT LINE LINE TABLE LINE BEARING DISTANCE L-1 S $9'30'45"W 86.26' L-2 N 62' 13'Q9"E 54.00` CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD ARC C-1 739.5Q' 30'07'19" S 42'40'58"E 384.31' 388.77' C-2 789.50' 24'50'37" N 40'02'56"W 339.66' 342.33' NOTES: 1. A LEGAL DESCRIPTION OF SAME DATE HEREWITH ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCES TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83(2011), NORTH CENTRAL ZONE (4202). ALL DISTANCES AND AREAS SHOWN ARE SURFACE UTILIZING A SURFACE ADJUSTMENT FACTOR OF 1.000120000. REV15E07 JUNE 27, 2023 REVISED: JUNE 28, 2023 oar WoU City of Fort Worth 200 TEXAS STREET FORT WORTH, TEXAS 76102 BOMBER SPUR TRAIL PHASE 2 -��- °� G`ST�� PARCEL N0. 2 CITY PRO,. NO. 104345 �f � � � '•. � RIGHT-OF-WAY AND EASEMENT RICHARD KENNEDY OWNER: PATRICIA MILLER r •,: � 5527 Pam,: � SURVEY: FRANKLIN S. PERRY SURVEY, ABSTRACT N0. 1226 9 '�'rESS1��•-ice LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS �--� tiQ •••••r.•-••• (� ACQUISITION AREA: 28,035 SQUARE FEET OR 0.65 ACRES v WHOLE PROPERTY ACREAGE: 28,314 SQUARE FEET OR 0.65 ACRES (DEED) RICHARp ICENNEDY JOB No. KHA_2221,00 PRAWN BY: 8M CAD FILE: P2AR01.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: JUNE 26, 2023 EXHIBR B PAGE 2 OF 2 SCALE: 1" = 100' NO. 5527 TE)G45 FIRM No. 10106900 GORRONpDNA & ASSOCIATES. INC. 2800 N.E. LOOP 820, SUITE 660 FART WORTH, TX. 76137 $17-496-1424 FAX 817-496-1768 ' Lot Report Lot: P2 Bearing Distance Radius Delta Chord Ang Chord Length S 27046'51" E 195.94 S 42040'58" E 384.31 739.50 30007'19" S 42040'58" E 384.31 388.77 S 89030'45" W 86.26 N 40002'56" W 339.66 789.50 24°50'37" N 40002'56" W 339.66 342.33 N 2704651" W 195.88 N 62013'09" E 50.00 Closure Error Distance> 0.0133 Error Bearing> S 20°20'04" E Closure Precision 1 in 94987.7 Total Distance> 1259.19 28,035 SQ. FT. 0.644 ACRES .City of Fort worth, Mayor and Texas Council Communication DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0580 LOG NAME: 21CPN 104345 P2 BOMBER SPUR TRAIL SUBJECT (CD 3) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.65 Acres in Fee Simple from Real Property Owned by Patricia Miller (Deceased), in the Amount of $56,070.00 Located at 4350 Southwest Boulevard, FortWorth, Tarrant County, Texas 76116, forthe Trail Gap Bomber Spur Project RECOMMENDATION It is recommended that the City Council: 1. Declare that negotiations between the City of Fort Worth and the property owner to acquire the fee simple interest in 0.65 acres from real property owned by Patricia Miller, (Deceased), in the amount of $56,070.00 situated in the Franklin S. Perry Survey, Abstract No. 1226, City of Fort Worth, Tarrant County, Texas, and being a portion of a called 0.65 acre tract of land described as Tract No. 2 conveyed as a right-of- way easement to the United States of America as recorded in Volume 1492, Page 343 of the Deed Records of Tarrant County, Texas, and subsequently released in Volume 15317, Page 331 of said Deed Records of Tarrant County, Texas also known as 4350 Southwest Boulevard, Fort Worth, Tarrant County, Texas 76116, were unsuccessful due to the inability to establish ownership; 2. Declare the necessity to acquire the described property interest for the Trail Gap Bomber Spur project (City Project No. 104345); 3. Adopt the attached resolution authorizing the City of Fort Worth to use its power of eminent domain to acquire the property for public use; 4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the property owner; 5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and 6. Authorize the City Manager or his designee to accept and record the appropriate instruments. DISCUSSION: The property rights in the subject property are needed for the Park & Recreation Department (PARD) to construct a 12' wide shared -use Bomber Spur Trail from Calmont Avenue to West Vickery Boulevard. When completed, the Bomber Spur Trail will feature a 12' wide paved trail, neighborhood trailheads, a pedestrian bridge over Camp Bowie Boulevard, retaining walls and ramps, landscape amenities, and street crossing signals. Title research by Republic Title and 7 Arrows Land Staff, LLC., established a chain of heirship for the previous owner of the subject property. Alamo Title Company provided a title commitment with Patricia Miller as the vested owner. An independent appraisal established the fair market value for the property interest (shown below) at $56,070.00. Negotiations were unsuccessful due to the inability to find the heirs of the vested owner and obtain clear title for the property interest needed for the project. Upon approval, a condemnation action will be brought, and a Special Commissioners' hearing will be held to acquire the fee simple interest on the property. Improved Subject Property (Parcel No.� Legal Description Acreage ! Property Interest 2I Franklin S. Perry Survey, Abstract No. 1226, City of Fort Worth, Tarrant County 0.65 Acres 1 Fee Simple Acquisition of 0.65 acres of Parcel 2 is estimated to have a one-time cleanup cost of $260.00 and increase PARD's annual maintenance cost by $800.00 beginning in FY2025. As of April 2024, the cumulative total of all previously approved M&Cs increased the department's estimated annual maintenance by $704,103,00 beginning in FY2025. To approve this Mayor and Council Communication (M&C), the Council Member making a motion to authorize condemnation by eminent domain should say: "I move that the Fort Worth City Council adopt the resolution authorizing the use of the power of eminent domain to acquire 0.65 acres in fee simple from real property owned by Patricia Miller (Deceased). The property interest is needed for the Bomber Spur Trail project to construct a 12' wide shared -use Bomber Spur Trail from Calmont Avenue to West Vickery Boulevard. The property is located at 4350 Southwest Boulevard, in the Franklin S. Perry Survey, Abstract No. 1226, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication:' Funding is budgeted in the Grant Cap Projects Federal Fund for the Park & Recreation Department for the purpose of funding the Trail Gap Bomber Spur Ph 1 Project, as appropriated. The federal funding is provided through the Texas Department of Transportation. This property is located in COUNCIL DISTRICT 3. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION ! CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal Fund for the Trail Gap Bomber Spur Ph I project to support the approval of the above recommendations and land acquisition. Prior to any expenditure being incurred, the Property Management and Park & Recreation Departments have the responsibility to validate the availability of funds, This is a reimbursement grant. Submitted for City Manager's Office by: Dana Burghdoff 8018 Oriainatina Business Unit Head Marilyn Marvin 7708 Additional nformation Contact: Austin Street 6328 Ricardo Salazar 8379