HomeMy WebLinkAboutResolution 5996-08-2024A Resolution
NO.5996-08-2024
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 August 27, 2024 in M&C 24-0754, ordered and
decreed that a public necessity existed to acquire 0.0062 acres in Right -of -Way easement and 0.0105 acres
for a temporary construction easement from real property located at 4464 North Tarrant Parkway in the
BENDERSON ADDITION, BIock A, Lot 1, 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 North Tarrant Parkway at North Beach Street Intersection
Improvement Project (the "Project");
- the land rights in the Property are needed for new dedicated right turn lanes and pedestrian
facilities improvements;
- 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, Benderson 85-
1 Trust, were unsuccessful due to the inability to negotiate agreeable terms for the property interest being
acquired by the City of Fort Worth; and
WHEREAS, on this 27th day of August 2024 at a regular meeting of the Fort Worth City Council,
upon Motion of Councilmember Lauersdorf, to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.0062 acres in right-of-way easement and 0.0105 acres in temporary
construction easement from real property owned by Ronald Benderson, Randall Benderson and David
H. Balduaf as Trustees under a Trust Agreement dated October 14, 1985 known as the Benderson 85-1
Trust. The property interest is needed for a public use, the North Tarrant Parkway and North Beach Street
Intersection Improvement project, for easements to construct a dedicated right turn lane and pedestrian
sidewalk facilities improvements for improved traffic capacity and safety of intersection operation. The
property rights in the subject property are needed for the construction, operation, maintenance,
replacement, upgrade and repair of the permanent dedicated right turn lane and sidewalk facility as
needed. The property is Iocated at 4464 North Tarrant Parkway in the Benderson Addition, Block A, Lot
1, 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 CounciImember Hill, 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 27' day of August 2024.
ATTEST:
By:
Jannette S. Goodall, City Secretary
MAYOR AND COUNCIL COMMUNICATION MAP
COUNCIL DISTRICT 4
21 CONDEMN 103309 Pi BENDERSON 85-1 TRUST 4464 N TARRANT PKW V - CFW PROJECT NO. 103309
NORTH TARRANT PARKWAYAT NORTH BEACH STREET PROJECT
TV
Temporary Construction
Easement Area
457 Square Feet or
0.0105 Acres
c
c
I -
Tarrant County
Benderson Addition
Lot 1, B1ockA, Parcel 1
Copyright (K) 2024 City of Fort Worth. Unauthorized reproduction is a violation of
applicable laws. This data is to be used for graphical representation only. The
accuracy is not to be takenlused as data produced for engineering purposes or by a
registered professional land surveyor. The City of Fort North assumes no
responsibility for the accuracy of said data.
Right -Of -way
Acquisition Area
271 Square Feet or
0.0062 Acres
N
A
it 21) 40 Feet
FORT WORTH.
General
EXHIBIT "A"
City Project No.: 103309
City Project Name: N. Tarrant Pkwy. At N. Beach St.
Parcel 01
4464 North Tarrant Parkway
Lot 1, Block A, Benderson Addition
Being a 271 square foot (0.0062 acre) tract of land situated in the Charles C. Whyte Survey, Abstract No.
1611, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 1, Block A of Benderson
Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, SIide
8484 of the Plat Records of Tarrant County, Texas, said Lot I being described in the deed to Ronald
Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October
14, 1985 known as The Benderson 85-1 Trust recorded in Instrument No. D206124738 of the Official
Public Records of Tarrant County, Texas, said 271 square foot (0.0062 acre) tract of land being more
particularly described by metes and bounds as follows:
COMMENCING at a Mag Nail found for the northwest corner of said Lot 1 and the northeast corner of
Lot 5, Block A of North Beach -Thompson Addition, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Cabinet A, Slide 11315 of said Plat Records of Tarrant County, Texas, said Mag Nail
also being in the existing southwesterly right-of-way line of North Tarrant Parkway (a 200' right-of-way);
THENCE South 69 degrees 07 minutes 32 seconds East, with the existing southwesterly right-of-way line
of said North Tarrant Parkway and with the northeasterly line of said Lot 1, a distance of 18 1. 15 feet to a
1/2 inch iron rod with cap stamped "Yellow Rose 6574" set for the POINT OF BEGINNING of the herein
described tract of land, said 1/2 inch iron rod with cap stamped "Yellow Rose 6574" also being the
intersection of the existing southwesterly right-of-way line of said North Tarrant Parkway and the
northeasterly line of said Lot 1 with the proposed southwesterly right-of-way line of said North Tarrant
Parkway;
THENCE South 69 degrees 07 minutes 32 seconds East, with the existing southwesterly right-of-way
line of said North Tarrant Parkway and with the northeasterly line of said Lot 1, a distance
of 30.42 feet to an "X" cut found for the northeast corner of said Lot 1, said "X" cut also
being the intersection of the existing southwesterly right-of-way line of said North Tarrant
Parkway with the existing west right-of-way line of North Beach Street (a variable width
right-of-way);
THENCE South 01 degree 32 minutes 35 seconds East, with the existing west right-of-way line of
said North Beach Street and with the east line of said Lot 1, a distance of 39.93 feet to a
1/2 inch iron rod with cap stamped "Yellow Rose 6574" set for the intersection of the
existing west right-of-way line of said North Beach Street and the east line of said Lot 1
with the proposed southwesterly right-of-way Iine of said North Tarrant Parkway;
THENCE North 01 degree 44 minutes 45 seconds West, with the proposed southwesterly right-of-
way line of said North Tarrant Parkway, a distance of 5.66 feet to a 1/2 inch iron rod with
cap stamped "Yellow Rose 6574" set for the beginning of a non -tangent curve to the left
having a radius of 43.50 feet, a central angle of 44 degrees 59 minutes 25 seconds, and a
chord that bears North 24 degrees 13 minutes 57 seconds West, a chord length of 33.29
feet;
Exhibit "A" Page 1 of 2
Yellow Rose Mapping LLC 2011 Woodland Hills Lane Weatherford, Texas 76037 817-703-6570
THENCE Northwesterly, with the proposed southwesterly right-of-way line of said North Tarrant
Parkway and with said non -tangent curve to the left, an arc length of 34.16 feet to a 1/2
inch iron rod with cap stamped "Yellow Rose 6574" set for corner;
THENCE North 46 degrees 43 minutes 40 seconds West, with the proposed southwesterly right-of-
way line of said North Tarrant Parkway, a distance of 21.51 feet to the POINT OF
BEGINNING and containing 27I square feet or 0.0062 acres of land.
Notes:
1. A parcel plat of same date accompanies this legal description.
2. Bearings are based on the Texas Coordinate System of 1983 (NAD83) (NA2011), North Central
Zone (4202). Distances and areas are surface values using the grid to surface adjustment factor of
1.00012.
3. This survey was performed without the benefit of a title report. There may be easements and/or
covenants affecting this property not shown hereon.
* SURVEYOR CERTIFICATE *
TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY STATE
THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND
FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE
AND CORRECT.
Company Name: Yellow Rose Mapping LLC
By:
Sury or's4Name:le S.
Registered Professional LanJguirveyor
Texas No. 6574
Date of Survey: June 25, 2023
Texas Firm No. 10194700
Exhibit "A" Page 2 of 2
Yellow Rose Mapping LLC 2011 Woodland Hills Lane Weatherford, Texas 76087 817-703.6578
LINE TABLE
LINE BEARING DISTANCE
EXHIBIT "B "
L7 S 59'07'32" E 30.42'
L2 S 01'3235" E 39 93•
PARCEL NO. O 1
1_3 N 01'44'45" W 5.66'
L4 N 46'43'40" W 71.51'
Pl. NO
OUND
q �yAG ��Aq
200. �NT
EXISTING
RIGHT-OF-WAY R��Mr W�gkWq
of
�,
LOT s, BLOCK A
S 69G732"
NORTH BEACH--THOMPSON
_f
ADDITION
CABINET A, SLIDE 11315
� �8j P.0.B"
.ls.
20' BUILDING LINE
�CA8MEf A. SUOE 8484
P.R.T.C.7.
`
RONALD BENDERSON, RANDALL SENDERSON
PROPOSED
RIGHT —OE —WAY
ACQU'SmoIJ AREA
271 SQUARE FEET
OR 0.0062 ACRES
I•:0 U ND
'X'CUT
AND DAVID M. BALDAUF AS TRUSTEES
UNDER A TRUST AGREEMENT RIGHT-OF-WAY
DATED O NOBERA14, 1985
/ THE BENDERSON 85-1 TRUST /
' INSTRUMENT NO. D206124738 /
O.P.R.T.C.T. /
LOT 1, BLOCK A
BENDERSON ADDITION
CABINET A, SLIDE 8484
P.R. T. C.T.
I
F
/ / I
/ / I
CHARLES C. WHYTE SURVEY /
ABSTRACT NO. 1 61 1 A
I� rrr
ALN LOCATION
/ �7 / I
Zb
/ I
30' 15' 0 30' // 4 / I
SCALE IN FEET LOCATION OF TRACT
CURVE TABLE
CURE I RADIUS DELTA ANGLE CHQR BEARING CHORD LENGTH ARC LENGTH
Cl 43.56 44'S9'25" N 24'13'57 W 33.29' 34.16'
NOTES:
1. A LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS PARCEL PLAT.
2. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83)
(NA2011), NORTH CENTRAL ZONE (4202). DISTANCES AND AREAS ARE SURFACE
VALUES USING THE GRID TO SURFACE ADJUSTMENT FACTOR OF 1.00012.
3, THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THERE MAY BE
EASEMENTS AND/OR COVENANTS AFFECTING THIS PROPERTY NOT SHOWN HEREON.
ORTWORTH CITY OF FORT WORTH
N. TARRANT PKWY. AT N. BEACH ST
20'-20'PUBUC
OPEN SPACE EASEMENT
-CABINET A, SLIDE 8484
P,R.T,C.T.
EXISTING
RIGHT-OF-WAY
Lu ..
Lu a
0
0
z '
¢�
W
CD m
ac 4
o-
z
LEGEND
SET 1/2" IRON ROD WITH CAP
S
STAMPED YELLOW ROSE 6574"
(OR NOTED OTHERWISE)
d
CALCULATED POINT
----
PROPERTY LNE
ww�
PROPOSED RIGHT-OF-WAY LINE
-
EASEMENT LINE
O.P.R.T.C.T.
OFFICIAL PUBLIC RECORDS
TARRANT COUNTY, TEXAS
P.R.T.C.T.
PLAT RECORDS
TARRANT COUNTY, TEXAS
PARCEL NO. 01 J CITY PROJ. NO. 103309
RIGHT-OF-WAY ACQUISITION
OWNER: RONALD BENDERSON, RANDALL BENDERSON AND DAVID H. BALDAUF, TRUSTEES
SURVEY: CHARLES C. WHYTE SURVEY, ABSTRACT NO. 1611
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
ACQUISITION AREA: 271 SQUARE FEET OR 0.0062 ACRES
WHOLE PROPERTY ACREAGE: 2.748 ACRES
JOB NO. FN12204_82 DRAWN BY: MP CAD FILE: PARCEL O1.DWG
YELLOW ROSE MAPPING
'y%. ti 5 TfiR .
CHARLES S. RUBY
6574
SURVEYOR
EXHIBIT "A"
City Project No.: 103309
City Project Name: N. Tarrant Pkwy. At N. Beach St.
Parcel 01 TE
4464 North Tarrant Parkway
Lot 1, Block A, Benderson Addition
Being a 457 square foot (0.0105 acre) tract of land situated in the Charles C. Whyte Survey, Abstract No.
1611, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 1, Block A of Benderson
Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide
8484 of the Plat Records of Tarrant County, Texas, said Lot 1 being described in the deed to Ronald
Benderson, Randall Benderson and David H. Baldauf as Trustees under a Trust Agreement dated October
14, 1985 known as The Benderson 85-1 Trust recorded in Instrument No. D206124738 of the Official
Public Records of Tarrant County, Texas, said 457 square foot (0.0105 acre) tract of land being more
particularly described by metes and bounds as follows:
COMMENCING at a Mag Nail found for the northwest corner of said Lot 1 and the northeast corner of
Lot 5, BIock A of North Beach -Thompson Addition, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Cabinet A, Slide 11315 of said Plat Records of Tarrant County, Texas, said Mag Nail
also being in the existing southwesterly right-of-way line of North Tarrant Parkway (a 200' right-of-way);
THENCE South 69 degrees 07 minutes 32 seconds East, with the existing southwesterly right-of-way line
of said North Tarrant Parkway and with the northeasterly line of said Lot 1, a distance of 172.18 feet to the
POINT OF BEGINNING of the herein described tract of land;
THENCE South 69 degrees 07 minutes 32 seconds East, with the existing southwesterly right-of-way
line of said North Tarrant Parkway and with the northeasterly line of said Lot 1, a distance
of 8.97 feet to a I/2 inch iron rod with cap stamped "Yellow Rose 6574" set for the
intersection of the existing southwesterly right-of-way line of said North Tarrant Parkway
and- the northeasterly line of said Lot 1 with the proposed southwesterly right-of-way line
of said North Tarrant Parkway, from which an "X" cut found for the northeast corner of
said Lot I bears South 69 degrees 07 minutes 32 seconds East, a distance of 30.42 feet,
said "X" cut also being the intersection of the existing southwesterly right-of-way line of
said North Tarrant Parkway with the existing west right-of-way line of North Beach Street
(a variable width right-of-way);
THENCE South 46 degrees 43 minutes 40 seconds East, with the proposed southwesterly right-of-
way line of said North Tarrant Parkway, a distance of 21.51 feet to a 112 inch iron rod with
cap stamped "Yellow Rose 6574" set for the beginning of a curve to the right having a
radius of 43.50 feet, a central angle of 44 degrees 59 minutes 25 seconds, and a chord that
bears South 24 degrees 13 minutes 57 seconds East, a chord length of 33.29 feet;
THENCE Southeasterly, with the proposed southwesterly right-of-way line of said North Tarrant
Parkway and with said curve to the right, an are length of 34.16 feet to a 1/2 inch iron rod
with cap stamped "Yellow Rose 6574" set for corner;
Exhibit "A" Page 1 of 3
Yellow Rose Mapping LLC 2011 Woodland Hills Lane Weatherford, Texas 76087 817-703-6578
THENCE South 01 degree 44 minutes 45 seconds East, with the proposed southwesterly right-of-
way line of said North Tarrant Parkway, a distance of 5.66 feet to a 1/2 inch iron rod with
cap stamped "Yellow Rose 6574" set for the intersection of the proposed southwesterly
right-of-way line of said North Tarrant Parkway with the existing west right-of-way line
of said North Beach Street and the east line of said Lot 1;
THENCE South 01 degree 32 minutes 35 seconds East, with the existing west right-of-way line of
said North Beach Street and with the east line of said Lot 1, a distance of 10.00 feet to a
point for corner;
THENCE South 88 degrees 15 minutes 45 seconds West, a distance of 4.85 feet to a calculated point
for corner;
THENCE North 01 degree 30 minutes 50 seconds West, a distance of 33.54 feet to a calculated point
for corner;
THENCE South 84 degrees 16 minutes 16 seconds West, a distance of 17.38 feet to a calculated point
for the beginning of a non -tangent curve to the right having a radius of 1.77 feet, a central
angle of 129 degrees 16 minutes 00 seconds, and a chord that bears North 40 degrees 13
minutes 25 seconds West, a chord length of 3.19 feet;
THENCE Northwesterly, with said non -tangent curve to the right, an arc length of 3.99 feet to a
calculated point for corner;
THENCE North 21 degrees 01 minute 24 seconds East, a distance of 16.76 feet to a calculated point
for corner;
THENCE North 69 degrees 01 minute 07 seconds West, a distance of 22.89 feet to a calculated point
for comer;
THENCE North 20 degrees 52 minutes 28 seconds East, a distance of 6.44 feet to the POINT OF
BEGINNING and containing 457 square feet or 0.0105 acres of land.
Exhibit "A" Page 2 of 3
Yellow Rose Mapping LLC 2011 Woodland Hills Lane Weatherford, Texas 76087 817-703-6578
Notes:
1. A parcel plat of same date accompanies this legal description.
2. Bearings are based on the Texas Coordinate System of 1983 (NAD83) (NA2011), North Central
Zone (4202). Distances and areas are surface values using the grid to surface adjustment factor of
1.00012.
3. This survey was performed without the benefit of a title report. There may be easements and/or
covenants affecting this property not shown hereon.
* SURVEYOR CERTIFICATE *
TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY STATE
THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND
FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE
AND CORRECT.
Company Name: Yellow Rose Mapping LLC
By: .0071
Su or's Name: Chart S. 1
Registered Professional Lanio
Texas No. 6574
Date of Survey: June 25, 2023
Texas Firm No. 10194700
�F 0 F TF
CHARLErS S. RUBY
6574
S U
Exhibit "A" Page 3 of 3
Yellow Rose Mapping LLC 2011 Woodland Hills Lane Weatherford, Texas 76087 817-703-6578
LINE TABLE EXHIBIT "B "
LINE BEARING DISTANCE
L1 S 69*07,32' E 8.97'
L2 S 4643'40' E 21.51' PARCEL NO. 01 TE
L3 S 01'44'45" E 5.66'
La 5 01'32 35' E 10.00 P. �IAI
�'�NQ�L5 S BB 15'45' W 4.85' FOL6 N OV30'50' W 33.54'L7 5 B4'16'18` W 77.38' MAGL (q qRR
LB N 21'01'24' E 16
L9 N 69'01'07" W 22.69' f'7%QfiY qI�l,
L10 N 20"52'2B. E 6.44' iyq ����1t'✓q l�
�S s9•o�,
3z' e P. D.B.
LOT 5, BLOCK A �� 20' ewLoiNc uNE J�'a•
NORTH BEACH—THOMPSON 1-- CABINET A, SLOE 8484
ADDITION P.R.T.C.T. O (1 'T s
9.
CABINET A, SLIDE 11315 �0 4 s2» e
P.R.T.C.T.49
`.. ... �'
TEMPORARY
CONSTRUCTION
EASEMENT AREA
457 SQUARE FEET
OR 0.0105 ACRES
FOUND
"X"CUT
RONALD BENDERSON, RANDALL BENDERSON ��• 20'A
OPEN SPPACEACE EASEMENT
AND DAVID H. BALDAUF AS TRUSTEES CABINET A SLIDE 6464
UNDER A TRUST AGREEMENT P.R.r.c.T.
DATED OCTOBER 14, 1985 L7
KNOWN AS I
THE BENDERSON 85-1 TRUST
/ INSTRUMENT NO. D206124738 I.
O.P.R.T.C.T.
LOT 1, BLOCK A
BENDERSON ADDITION
CABINET A, SLIDE 8484
P.R.T.C.T.
/ /I a
/ / I
/ I
CHARLES C. WHYTE SURVEY /
ABSTRACT NO. 1611
EASEMENT
LOCATION
30' 15' 0 30'
SUBJECT CT SCALE IN FEET LOCATION OF�in F ENT
CURVE TABLE
CURVE RAOlUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH
C1 43.50' 44'5,25' 5 24'13'57" E 1 33.29' 34,16'
Cp t.7T 129'16'0T 1 N 40'13"25' W 1 3.19' 3.99'
NOTES:
1, A LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS PARCEL PLAT.
2. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83)
(NA2011), NORTH CENTRAL ZONE (4202). DISTANCES AND AREAS ARE SURFACE
VALUES USING THE GRID TO SURFACE ADJUSTMENT FACTOR OF 1.00012.
3, THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE
EASEMENTS AND/OR COVENANTS AFFECTING THIS PROPERTY NOT SHOWN HEREON.
t—
w --
w
cc
U) d
x
U S2
¢cr
w
CO m
I—
O -`
z
LEGEND
SET 1/2" IRON ROD WITH CAP
r
STAMPED 'YELLOW ROSE 6574"
(OR NOTED OTHERWISE)
O
CALCULATED POINT
----
PROPERTY LINE
rr�rr�
PROPOSED RIGHT-OF-WAY LINE
- - - - - -
EASEMENT LINE
O.P.R.T.C.T.
OFFICIAL PUBLIC RECORDS
TARRANT COUNTY, TEXAS
P.R.T.C.T.
PLAT RECORDS
TARRANT COUNTY, TEXAS
FoRTWORTH CITY OF FORT WORTH flF r
r N. TARRANT PKWY. AT N. BEACH ST. �.P: G s ....
PARCEL NO. 01 TE CITY PROJ. NO. 103309 �_ ---�----:
TEMPORARY CONSTRUCTION EASEMENT CHARLES�S_wRUBY
OWNER: RONALD BENDERSON, RANDALL BENDERSON AND DAVID H. BALDAUF, TRUSTEES74
SURVEY: CHARLES C. WHYTE SURVEY, ABSTRACT NO. 1611 _
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
ACQUISITION AREA: 457 SQUARE FEET OR 0.0105 ACRES U
WHOLE PROPERTY ACREAGE: 2.748 ACRES LES S. RUB
JOB NO. FN12204_B2 DRAWN BY: MP CAD FILE, PARCEL 01 TE.DWG REGISTERED PROFESSIONAL D SURVEYOR
DATE: JUNE 25, 2023 EXHIBIT B PAGE 1 OF 1 SCALE: 1" = 30' N0. 6574 TEXAS Fl No. 10194700
YELLOW ROSE MAPPING LLC 2011 WOODLAND HILLS LANE WEATHERFORD, TX 76087 817-703-6578
City of Fort Worth,
Mayor and
DATE: 08/27/24
Texas
Council Communication
M&C FILL; NUMBER: M&C 24-0754
LOG NAME: 21CONDEMN 103309 P1 BENDERSON 85-1 TRUST 4464 N TARRANT PKWY
SUBJECT
(CD 4) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.0062 Acres in Right -of -Way Easement and 0.0105 Acres in
Temporary Construction Easement from Real Property Owned by Ronald Benderson, Randall Benderson and David H. Balduaf as Trustees Under
a Trust Agreement Dated October 14, 1985, Known as the Benderson 85-1 Trust, Located at 4464 North Tarrant Parkway in the
Benderson Addition, Block A, Lot 1, Tarrant County, Texas, for the North Tarrant Parkway at North Beach Street Intersection Improvement 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 0.0062 acres in right-of-way easement and
0.0105 acres in temporary construction easement from real property owned by Ronald Benderson, Randall Benderson and David H. Balduaf
as Trustees under a Trust Agreement dated October 14, 1985, known as the Benderson 85-1 Trust, located at 4464 North Tarrant Parkway in
the Benderson Addition, Block A, Lot 1, Tarrant County, Texas, were unsuccessful due to the inability to negotiate agreeable terms for the
property interest being acquired by the City;
2. Declare the necessity to acquire the described property interest for the North Tarrant Parkway at North Beach Street Intersection
Improvement project (City Project No. 103309);
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 construction, operation, maintenance, replacement, upgrade and repair of the
permanent dedicated right turn lane and sidewalk on the North Tarrant Parkway and North Beach Street Intersection Improvement project as
necessary. This improvement project will be for public use to increase the intersection traffic capacity and safety, reduce vehicle delay, improve
turning movements via dedicated right turn lanes and improve pedestrian facilities.
An independent appraisal established fair market value for the property interest (shown below) in the total amount of $16,896.00. Negotiations
were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City.
Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the permanent sewer
easement interest on the property.
Improved Subject Property
(Parcel No4
Legal Description
u Acreage 1 Prop" Interest
1
Benderson Addition Block A Lot 7
0.0062 Acres / Right -of -Way Easement, 0.0105 AcreslTemporary Construction Easement
Funding is budgeted in the General Capital Projects Fund for the Transportation & Public Works Department for the purpose of funding the North
Tarrant Parkway at North Beach Street Intersection Improvement project, as appropriated.
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 use of the power of eminent domain to acquire 0.0062 acres in right-of-
way easement and 0.0105 acres in temporary construction easement from real property owned by Ronald Benderson, Randall Benderson and
David H. Balduaf as Trustees under a Trust Agreement dated October 14,1985 known as the Benderson 85-1 Trust. The property interest is
needed for a public use, the North Tarrant Parkway and North Beach Street Intersection Improvement project, for easements to construct a
dedicated right turn lane and pedestrian sidewalk facilities improvements for improved traffic capacity and safety of intersection operation. The
property rights in the subject property are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent
dedicated right turn lane and sidewalk facility as needed. The property is located at 4464 North Tarrant Parkway in the Benderson Addition, Block
A. Lot 1, 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." '
This property is located in COUNCIL DISTRICT 4.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL. INFORMATION l CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects
Fund for the N Tarrant Pkwy at N Beach St project to support the approval of the above recommendations and acquisition of the easement. Prior
to any expenditure being incurred, the Transportation and Public Works and Property Management Departments have the responsibility to validate
the availability of funds.
Submitted for City Manager's Office W. Dana Burghdoff 8018
Originating Business Unit Head: Marilyn Marvin 7708
Ricky Salazar 8379
Additional information Contact: Dickson Robin 2554
Lisa Alexander 2361