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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