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HomeMy WebLinkAboutResolution 6022-11-2024A Resolution NO. 6022-11-2024 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 November 12, 2024, in M&C 24-0958, ordered and decreed that a public necessity existed to acquire 0.011 acres of land in right-of-way easement and 0.006 acres of land in temporary construction easement from real property located at 6021 WJ Boaz Road and 7328 Gillis Johnson Street in the Lake Crest Estates Addition, an addition to the City of Fort Worth, Block D, Lot 2, Unit 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 WJ Boaz Road Widening Improvements project (the "Project"); - the land rights in the Property are needed for roadway improvements including pavement reconstruction with curb and gutter, drainage improvements, street lights, shared use paths and reconstruction of the existing roundabout at Bowman Roberts Road; - 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, Gillis Johnson 2, LLC, were unsuccessful due the inability to negotiate agreeable terms for the property interest being acquired by the City of Fort Worth; and WHEREAS, on this 12"' day of November 2024, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Hill, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.011 acres of land in right-of-way easement and 0.006 acres of land in temporary construction easement from real property owned by Gillis Johnson 2, LLC. The subject property is located at 6021 WJ Boaz Road and 7328 Gillis Johnson Street in the Lake Crest Estates Addition, an addition to the City of Fort Worth, Block D, Lot 2, Unit 1, Tarrant County, Texas. The land rights in the subject property are needed for the WJ Boaz Road Widening Improvements project, a public use that provides for roadway improvements including pavement reconstruction with curb and gutter, drainage improvements, street lights, shared use paths and reconstruction of the existing roundabout at Bowman Roberts Road. 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 Nettles, 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 12'h day of November 2024. ATTEST: I: Jannette S. GoodalI, City Secretary PARCEL NO. 24-ROW-1 RIGHT-OF-WAY EASEMENT CITY PROJECT NO. 103299 W. J. BOAZ ROAD A. ROBERTS SURVEY, ABSTRACT NO. 1262 CITY OF FORT WORTH TARRANT COUNTY, TEXAS EXHIBIT "A-1" Being a 0.0113 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County, Texas and being a portion of Lot 1, Block D, Lake Crest Estates, as recorded in Volume 388-T, Page 39, PIat Records, Tarrant County, Texas, as described in deed to Gillis Johnson 2, LLC, as recorded in Instrument No. D221363359, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with a cap stamped "LBS", being in the southeast comer of Lot 10, Block 6, Innisbrook Place, as recorded in Instrument No. D204061126, Plat Records, Tarrant County, Texas, and being in the existing north public right-of-way line of W.J. Boaz Road (having a variable width right-of-way); THENCE South 31°13'20" East, a distance of 82.51 feet to the POINT OF BEGINNING, being in the northwest corner of said Lot I and being in the intersection of the existing south public right-of-way line of said W.J. Boaz Road and the existing east public right-of-way line of Gillis Johnson Street (having a 60 foot right-of-way); THENCE North 89°57' 19" East, along the common line of said Lot 1 and said existing south public right- of-way line, a distance of 78.00 feet to a point, being the northeast comer of said Lot 1 and the northwest comer of Lot 2, Block D, Lake Crest Estates, as recorded in Volume 388-T, Page 39, Plat Records, Tarrant County, Texas; THENCE South 00°02'41" East, along the common line of said Lot 1 and said Lot 2, a distance of 1.11 feet to a set 1/2 inch iron rod with a cap stamped "GRAHAM ASSOC INC"(GAI), for the beginning of a non. -tangent curve to the Ieft having a radius of 589.50 feet and a central angle of 04°51'58" and a long chord which bears North 87°2825" West, 50.05 feet; THENCE along said non -tangent curve to the left, leaving said conunon line, an arc length of 50.07 feet to a set 1/2 inch iron rod with "GAT" cap; THENCE South 79134'09" West, a distance of 28.47 feet to a set 1/2 inch iron rod with a "GAI" cap, being in the common line of said Lot 1 and said existing west public right-of-way line; THENCE North 00"0241" West, along said common line, a distance of 10.00 feet to the POINT BEGINNING and CONTAINING 490 square feet, 0.0113 acres of land, more or less. PAGE 1 OF 2 I EXHIBIT "A-2" sRr;\ LOT 10, BLOCK 6, INNISBROOK PLACE BETTY S. FINCHER INST. NO. D204061126, P.R.T.C.T. INST. NO. D221363359 �G JAM>=S MILLER -:1W INST. NO. D211099130, D.R.T.C.T. TRACT 3D j 6D20 LOCHSHIRE DR. n NTS 6051 LOCHSHIRE DR. VICINITY MAP POC I F_� FIR(CM) — 31' 2-0E— W.J. BOAZ ROAD 82.51' _f ui Vaa) (VARIABLE WIDTH R.O.W) 46 00 47+00 48+00 45+00 — —CD — POB SO' 02' 41 "E 9NO' 0)2' 41"W N57' 19"E T78.00'7.11 — O0a 1.Q 1. 09W a=4S1' 74yti 50 28.47"< 0 Lai I13' F--S. �& I l I I I I f �� Lu c� � p N87'28'25"W (n L N� �- U �+ W 1 la I M W M I— O O m l�La I r LC=50.05' 4 I O � m ,y�,�. V V 4 o wed �w z J Z �a a;ccW M INU M U 07 O O) 34 l `vim � �• m CD � � n 0c01 o00z�o I fly c' `> C;' °°'�' Z� 10�n-t-Q�n�= I '"'��m [ ��zLj N� J� Jt+7 CO m m C7 C7 U 0 CD Cry N.7 co .__I I J I O `� OJ H 00 Q' = p fn I ©� r? Nam' I OJ Kam] ZE ! ma's MO M7 I �. (n Li 00�� Q Q J UplI YOn Z o F_ T- v_j En 0 m "m' z� CD : co v J > Uz o �� z r o LEGEND FIR -FOUND 1/2 INCH IRON 'ROD W/CAP STAMPED "(LOS)" P.R.T.C.T.-PLAT RECORDS, TARRANT COUNTY, TEXAS NOTE • SET 1/2- I.♦Z. W/GAI CAP D.R.T.C.T.--DEED RECORDS, TARRANT COUNTY, TEXAS n CM -CONTROLLING MONUMENT GRAPHIC SCALE 1 "=50' THE BEARINGS SHOWN HEREON ARE BASED XAS COORDINATETEM (NAD83), POB-POINT OF BEGINNING NORTTHHECENTRAL ZONE 4202). POC--POINT OF COMMENCING SEE EXHIBIT 'A' FOR DESCRIPTION OF SURVEY 0 50 100 FoRTWORTH CITY OF FORT WORTH 1000 THROCKMORTON STREET / FORT WORTH, TEXAS 76102 ,��. OF T W.J. BOAZ ROAD VARIABLE WIDTH P.O.W. EASEMENT ................. ...... M....PETER50N .... .......................... p 5999 P=P7 P PARCEL NO. 24-ROW-1 CITY PROJ. NO. 103299 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS OWNER: GILLIS JOHNSON 2 LLC i SURVEY: A. ROBERTS ABSTRACT NO. 1262 ACQUISITION AREA: 490 SQUARE FEET OR 0.0113 ACRES HOLE PROPERTY AREA: 16,380 SQUARE FEET OR 0.3760 ACRES OB NO. 830-1043 IDRAWN BY: CAI I DRAWNG FILE: W.J. BOAZ ROAD / P24-ROW-1 MICHAEL L PFTERSON RPLS TEXAS NO. 5999 DATE: 6 I8/2024 PAGE 2 OF 2 1 SCALE: 1' - 50' GRAHAM ASSOCIATES, INC. / 1300 SUMMIT AVE. SUITE 419. FORT WORTH, TX 76102 / 817--332--5756 FAX 817--336-6909 Graham Associates 600 Six Flags Dr., Suite 500 Arlington, Texas 76011 (817) 640-B535 Friday, March 31, 2023 9:41:37 AM PROJECT: PARCEL 24-ROW-1 -------------------------------------------------------------------------------- CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Point Number Description Station Northing Easting Elevation Bearing Distance --------------------------------------------------------------------------------- 199 0+00.00 7001090.286 2302342.040 N0905711911E 78.00 ' 200 0+78.00 7001090.347 2302420.040 500002141"E 7.11 ' 201 0+85.11 7001083.237 2302420.045 Center Point: 202 7000495.944 2302369.083 Radius: 589.50 ' Delta: 4051158" Left Arc Length: 50.07 ' Chord Bearing: N8702812511W Chord Length: 50.05 ' Middle Ordinate: 0.53 ' External: 0.53 ' Deg of Curvature: 9043110" Arc Definition Tangent: 25.05 ' Curve PI: 7001005.399 2302395.091 203 1+35.18 7001085.443 2302370.044 579034109"W 28.47 ' 198 1+63.65 7001080.289 2302342.044 N0000214111W 10.00 ' 199 1+73.65 7001090.289 2302342.037 ---------------.----------------------------------------------------------------_ Closing latitude - 0.00261 Closing departure =-0.00314 Closing bearing = 550015'03"E Closing distance - 0.00409 Total traverse length = 173.63 (173.65) Total error of closure = 1/42484 Error of closure in latitude = 1/66440 Error of closure in departure = 1/55256 Area = 490 Sq. Ft. Area = 0.0112 Acres r PARCEL NO.24-TCE-1 TEMPORARY CONSTRUCTION EASEMENT CITY PROJECT NO. 103299 W. J. BOAZ ROAD A. ROBERTS SURVEY, ABSTRACT NO. 1262 CITY OF FORT WORTH TARRANT COUNTY, TEXAS =Mr r "B-1" Being a 0.0060 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County, Texas, and being a portion of Lot 1, Block D, Lake Crest Estates, as recorded in Volume 388-T, Page 39, Plat Records, Tarrant County, Texas, as described in deed to Gillis Johnson 2, LLC, as recorded in Instrument No. D221363359, Deed Records, Tarrant County, Texas, and being more particularly described as follows; COMMENCING at found 1/2 inch iron rod with a cap stamped "LBS", being the southwest corner of Lot 10, Block 6, Innisbrook Place Addition, as recorded in Instrument No. D204061126, PIat Records, Tarrant County, Texas, and being in the existing north public right-of-way line of W.J. Boaz Road (.having a variable width Right -of -Way; THENCE South 59043'33" East, a distance of 139.94 feet to a point, being in the northeast comer of said Lot 1 and the northwest comer of Lot 2, Block D, Lake Crest Estates, as recorded in Volume 388-T, Page 39, Plat Records, and being in the existing south public right-of-way line of said W.J. Boaz Road; THENCE South 00°02'41" East, along the common line of said Lot 1 and said Lot 2, a distance of 7.11 feet to the POINT OF BEGINNING; THENCE South 00°02'41" East, a distance of 19.16 feet to a point; THENCE North 89°05'29" West, a distance of 13.38 feet to a point; THENCE North 00°54'31" East, a distance of 19.94 feet to a point, for the beginning of a non -tangent curve to the right having a radius of 589.50 feet and a central angle of 01°16'17" and a Iong chord which bears South 85°40'34" East, 13.08 feet; THENCE along said non -tangent curve to the right, an are length of 13.08 feet to the POINT OF BEGINNING and CONTAINING 259 square feet, 0.0060 acres of land, more or less. PAGE 1 OF 2 � I EXHIBIT "B--2" I LOT 10, BLOCK 6, INNISBROOK PLACE INST. NO, D204061126, P.R,T.C.T. JAMES MILLER INST. NO. D211099130, D.R.T.C.T. 6051 LOCHSHIRE DR. 8�- nn1�J NTS I El P ��C� VICINITY MAP PO BETTY S. FINCHER, INST. NO. D221363359, D.R.T.C.T. POC TRACT 3D cn W FIR(CM) — 6020 LOCHSHIRE DR. — — — R 46+00 — S 0. 47+00 48+00 Bi 45+00 }- -- — W:J. BOAZ ROAD (VARIABLE WORTH R.O.W.) 8f, SO' 02' 41 "E C-1 7.11' _O — — I — — POB J — — NO' 54' 31 "E�. z ~ 19.94' S0' 02' 41 "E W q I . w I W I N89' 05' 29" W I 19.16' �� U) of a- ci 13.38' c'cr v�t�-o�j! Cn w v � 3 Ord Y� YM(j00 I Z F-Ucp" w� ° oC3 t o U �� �' �� CX�� U� �Q Q�o+i O w p_�6' 0 w����� U�En U nC] �y V] U 'o tV rn 'Ell O UOp �C~ �� Z L��Ow�z l+J "' to EL. IL �co Ooo `o"' I 20 lal-- ��Uo f O "ai eq `'a� oQUO Qcon r1i Wi O _�I a J co J F oo m ri CURVE TABLE CURVE# A RADIUS TANGENT LENGTH C. BEARING I C. LENGTH C-1 1'16'17" 589.50' 6,54' 13.08' S85-40-34"E 13.08' LEGEND FIR -FOUND 1/2 INCH IRON ROD W/CAP STAMPED 1.BS' P.R.T.C.T.-FLAT RECORDS, TARRANT COUNTY, TEXAS 'Llnn J NOTE: • SET 1/2• I.R. W/GAI CAP D.R.T.C.T.--DEED RECORDS, TARRANT COUNTY, TEXAS CM -CONTROLLING MONUMENT THE BEARINGS SHOWN HEREON ARE BASED POB-POINT OF BEGINNING GRAPHIC SCALE 1 "=50' ON THE TEXAS COORDINATE SYSTEM (NAD83), POC-POINT OF COMMENCING NORTH CENTRAL ZONE (4202), SEE EXHIBIT "A' FOR DESCRIPTION OF SURVEY 0 50 100 P CITY OF FORT WORTH 1000 THROCKMORTON STREET / FORT WORTH, TEXAS 76102 P�G1 OF„T�. W.J. BOAZ ROAD TEMPORARY CONSTRUCTION EASEMENT ............. �� ....•.. •� -TCE-1 . M,L,PEiERSON 103299 LOCATION: CITY OF FORT WORTH. TARRANT COUNTY. TEXAS ���, 546,6 08 NO. 830-1043 DRAWN BY: GAI I DRAWING FILE: W.J. BOAZ ROAD / P24—SE-1 MICHAEL L. ETER ON DATE: 6 18/2024 PAGE 2 OF 2 SCALE: 1' = 50' RPLS TEXAS NO. 5999 GRAHAM ASSOCIATES, INC. / 1300 SUMMIT AVE. SUITE 419, FORT WORTH, TX 76102 / 817-332-5756 FAX 817-336-6909 s Graham Associates 600 Six Flags Dr., Suite 500 Arlington, Texas 76011 (817) 640-853S Friday, March 31, 2023 9:44:04 AM PROJECT: PARCEL 24--rcE 1 CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Point Number Description Station Northing Basting Elevation Bearing Distance -------------------------------------------------------------------------------- 201 0+00.00 7001083.234 2302420.045 S00002141"E 19.16 ' 206 0+19.16 7001064.074 2302420.060 N89005129"W 13.38 ' 204 0+32.54 7001.064.286 2302406,682 N0005413111E 19.94 ' 205 0+52.47 7001084.223 2302406.998 Center Point: 202 7000495.944 2302369.079 Radius: 589.50 ' Delta: 1016117" Right Arc Length: 13.08 ' Chord Searing: 585040134"E Chord Length: 13.08 ' Middle Ordinate: 0.04 ' External: 0.04 ' Deg of Curvature: 9043110" Arc Definition Tangent: 6.54 ' Curve PI: 7001083.799 2302413.529 201 0+65,55 7001083.237 2302420.041 -------------------------------------------------------------------------------- Closing latitude - 0.00351 Closing departure =-0.00439 Closing bearing = S51019157"E Closing distance = 0.00562 Total traverse length = 65.56 (65.55) Total error of closure = 1/11659 Error of closure in latitude = 1118660 Error of closure in departure = 1/14932 Area = 259 Sq. Ft. Area = 0.0059 Acres MAYOR AND COUNCIL COMMUNICATION MAP COUNCIL DISTRICT 7 21CPN 103299 WJ BOAZ P24 GILLIS JOHNSON 2 LLC ACQ WJ BOAZ ROAD WIDENING IMPROVEMENTS PROJECT Am y Vh. x: a Parcel24-TCE-1 Parcel 24 ROW-1 Temporary Construction Easement _ ROW Acquisition 259 Square Feet or Ilk 490 Square Feet or 0.0060 Acres ►. '' 0.0113 Acres W J BOAZ f . AL Lim Ir-.i."A'JuNt I Tarrant County, Texas A. Roberts Survey, Abstract 1262 Lot 1, Block D, lake Crest Estates, Unit 1 Parcel 24 Copyright Q 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 taken/used as data produced for engineering purposes or by a registered professional land surveyor. The City of Fort Worth assumes no responsibility for the accuracy of said data. N 0 25 50 Feet FORT WORTH M General Location City of Fort Worth, Texas Mayor and Council Communication DATE: 11/12/24 M&C FILE NUMBER: M&C 24-0958 LOG NAME: 21CONDEMN 103299 P24 WJ BOAZ GILLIS JOHNSON 2, LLC SUBJECT (CD 7) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.017 Acres in a Right -of -Way Easement and Temporary Construction Easement from Real Property Owned by Gillis Johnson 2, LLC, Located at 6021 WJ Boaz Road and 7328 Gillis Johnson Street, in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block D, Lot 2, Unit 1, Fort Worth, Tarrant County, Texas 76179, for the WJ Boaz Road Widening Improvements Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property ownerto acquire 0.017 acres in right-of-way easement and temporary construction easement from real property owned by Gillis Johnson 2, LLC, located at 6021 WJ Boaz Road and 7328 Gillis Johnson Street, in the Lake Crest Estates Addition, an addition to the City of Fort Worth, Block D, Lot 2, Unit 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 WJ Boaz Road Widening Improvements project (City Project No. 103299); 3. Adopt the attached resolution authorizing the City 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 B. Authorize the City Manager or his designee to accept and record the appropriate instruments. DISCUSSION: The land rights in the subject property are needed for the reconstruction and widening of WJ Boaz Road from Boat Club Road to Elkins School Road (City Project No. 103299). This project consists of widening and reconstructing approximately 1.1 miles of existing two-lane asphalt roadway to a four -lane divided concrete thoroughfare. The roadway improvements include pavement reconstruction with curb and gutter, drainage improvements, street lights, shared used paths, and reconstruction of the existing roundabout at Bowman Roberts Road. An independent appraisal established the property's fair market value of the right-of-way and temporary construction easement in the total amount of $3,700.00. 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 Commissioner's hearing held to acquire the right-of-way easement interest on the property. Ownership Parcel Property Location Legal Description Acreage / Interest Gillis Johnson 2, 24 6021 WJ Boaz Road & 7328 Gillis Johnson Lot 2, Block D, Lake Crest Estates, Unit 0.011 Acres / Right -of - LLC Street, Fort Worth, Texas 76179 1, Tarrant County, Texas Way Easement FGi 24 6021 WJ Boaz Road & 7328 Gillis Johnson Street, Fart Worth, Texas 76179 Lot 2, Block D, Lake Crest Estates, Unit 1, Tarrant County, Texas 0.006 Acres / Temporary Construction Easement 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 0.011 acres of land in right- of-way easement and 0.006 acres of land in temporary construction easement from real property owned by Gillis Johnson 2, LLC. The subject property is located at 6021 WJ Boaz Road and 7328 Gillis Johnson Street in the Lake Crest Estates Addition, an addition to the City of Fort Worth, Block D, Lot 2, Unit 1, Tarrant County, Texas. The land rights in the subject property are needed for the WJ Boaz Road Widening Improvements project, a public use that provides for roadway improvements including pavement reconstruction with curb and gutter, drainage improvements, street lights, shared use paths and reconstruction of the existing roundabout at Bowman Roberts Road. The properly 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 2022 Bond Program for the purpose of funding the WJ Boaz Road Widening Improvements project, as appropriated. This property is located in COUNCIL DISTRICT 7. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCALINFORMATION I CERTIFICATION The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the WJ Boaz Rd West Half project to support approval of the above recommendations and acquisition of easement. Prior to any expenditure being incurred, the Property Management and Transportation and Public Works Departments have the responsibility to validate the availability of funds. Submitted for City Managers Office W Dana Burghdoff 8018 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Ricardo Salazar 8379