HomeMy WebLinkAboutResolution 6023-11-2024A Resolution
NO.6023-11-2024
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 24-0960, ordered and
decreed that a public necessity existed to acquire 0.012 acres of land in right-of-way easement and 0.038
acres of land in temporary construction easement from real property located at 6001 Camp Bowie Blvd in
the Chamberlain Arlington Heights Addition, an addition to the City of Fort Worth, Block 56, Lot A-R,
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 Camp Bowie at Bryant Irvin Intersection Project (the "Project");
- the land rights in the Property are needed for intersection improvements at Camp Bowie Blvd
and Bryant Irvin Rd intersection;
- 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, SEJ Asset
Management & Investment Company, 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 Crain, to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.012 acres of land in right-of-way easement and 0.038 acres of land in
temporary construction easement from real property owned SEJ Asset Management & Investment
Company. The subject property is located at 6001 Camp Bowie Blvd in the Chamberlain Arlington
Heights Addition, an addition to the City of Fort Worth, Block 56, Lot A-R, Tarrant County, Texas. The
land rights in the subject property are needed for the Camp Bowie Blvd at Bryant Irvin Intersection
Project, a public use that provides for intersection improvements at Camp Bowie Blvd and Bryant Irvin
Rd intersection. This project consists of adding exclusive left turn lanes for northbound and southbound
lanes on Bryant Irvin Road. The project will also add dual left turn lanes for the westbound lane on Camp
Bowie Blvd. The roadway improvements will increase capacity and improve geometry at the
intersection. 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 12' day of November 2024.
ATTEST:
By:
Jannette S. Goodall, City Secretary
EXHIBIT "A"
PUBLIC RIGHT-OF-WAY ACQUISITION - PART Z
LOT A-R, BLOCK 56, CHAMBERLIN ARLINGTON ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a 0.0064 acre tract of land located in the City of Fort Worth, Tarrant County, Texas, said 0.0064 acre tract of
land being a portion of LOT A-R, BLOCK 56, CHAMBERLIN ARLINGTON ADDITION, being an Addition to the said City
and State, according to the plat thereof filed for record in Volume 388-76, Page 9, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), said 0.0064 acre tract of land also being a portion of that certain tract of land conveyed
to SEJ ASSET MANAGEMENT & INVESTMENT COMPANY, by deed thereof filed for record in Tarrant County Clerk's
Instrument No. (Ins. No.) D213094495, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0064 acre
tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set)
on an east lot line of said Lot A-R, same being on the west right-of-way line of N. Bryant Irving Road (being a variable
width public right-of-way), from said beginning point an interior northeast lot corner of said Lot A-R, bears South
00°01'19" West, 10.05 feet, said beginning point also having a NAD83 Texas North Central Zone (4202) grid
coordinate of N: 6,949,868.65 and E: 2,302,587.58;
THENCE over and across said Lot A-R the following courses and distances:
North 03°59'01" West, 26.34 feet to an "X" cut set in concrete;
North 02°48'19" East, 38.35 feet to an "X" cut set in concrete;
North 00°21'16" East, 29.29 feet to an iron rod set at the beginning of a curve to the left having a radius of 32.00
feet;
Along the said curve to the left, an arc length of 18.61 feet and across a chord which bears North 16°46'06" West,
a chord length of 18.35 feet to an iron rod set on the north lot line of said Lot A-R, same being the south
right-of-way line of Camp Bowie Boulevard (being a 125 feet wide public right-of-way at this point) said iron rod
set being at the beginning of a non -tangent curve to the right having a radius of 29.60 feet;
THENCE along the northeasterly lot line of said Lot A-R, along a transition between the said south right-of-way line
of Camp Bowie Boulevard and the said west right-of-way line of said N. Bryant Irving Road, and along the said curve
to the right, an arc length of 24.05 feet and across a chord which bears South 23"12'17" East, a chord length of 23.39
feet to a 5/8" iron rod with a cap stamped "BGI" found;
THENCE South 00°01'19" West, along an east lot line of said Lot A-R and along the said west right-of-way line
89.95 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed -area of 0.0064 acres (281 square feet) of land, more
or less.
The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas North
Central Zone 4202, and are based on the North American Datum of 1983, 2011 Adjustment. All areas shown hereon
are calculated based on surface measurements.
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing
description accurately sets out the metes and bounds description of the tract described herein.
Eric S. Spooner, RPLS
Spooner & Associates, Inc.
Texas Registration No. 5922
TBPLS Firm No. 10054900
09-26-24
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EXHIBIT "A"
PUBLIC RIGHT-OF-WAY ACQUISITION - PART 2
LOT A-R, BLOCK 56, CHAMBERLIN ARLINGTON ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a 0.0053 acre tract of land located in the City of Fort Worth, Tarrant County, Texas, said 0.0053 acre tract of
land being a portion of LOT A-R, BLOCK 56, CHAMBERLIN ARLINGTON ADDITION, being an Addition to the said City
and State, according to the plat thereof filed for record in Volume 388-76, Page 9, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), said 0.0053 acre tract of land also being a portion of that certain tract of land conveyed
to SE] ASSET MANAGEMENT & INVESTMENT COMPANY, by deed thereof filed for record in Tarrant County Clerk's
Instrument No. (Ins. No.) D213094495, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0053 acre
tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set)
on an east lot line of said Lot A-R, same being on the west right-of-way line of N. Bryant Irving Road (being a variable
width public right-of-way), from said beginning point the southeast lot corner of said Lot A-R, bears South 00°011
19"
West, 98.57 feet, said beginning point also having a NAD83 Texas North Central zone (4202) grid coordinate of N:
6,949,791.18 and E: 2,302,594.05;
THENCE over and across said Lot A-R the following courses and distances:
North 89"58'47" West,1.07 feet to an iron rod set;
North 03"59'01" West, 67.60 feet to an iron rod set on a north lot line of said Lot A-R, same being the said west
right-of-way line, from which a 1/2" iron rod with a cap stamped "USA INC RPLS 2026" found at an interior
northeast lot corner of said Lot A-R, bears North 89'58'41" West, 0.70 feet;
THENCE along the said lot line and along the said right-of-way line the following courses and distances:
South 89`58'41" East, 5.80 feet to a 1/2" iron rod found with a cap stamped "USA INC RPLS 2026";
South 00°01'19" West, 67.43 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.0053 acres (232 square feet) of land, more
or less.
The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas North
Central Zone 4202, and are based on the North American Datum of 1983, 2011 Adjustment. All areas shown hereon
are calculated based on surface measurements.
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing
description accurately sets out the metes and bounds description of the tract described herein.
Eric S. Spooner, RPLS
Spooner & Associates, Inc.
Texas Registration No. 5922
TBPLS Firm No.10054900
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EXHIBIT "A" - PART 2 — SEJ ASSET MANAGEMENT — PAGE 2 of 4
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner®speonersurveyors.com - S&A 22195
NOTE: The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas
North Central Zane 4202, and are based on the North American Datum of 1983, 2011 Adjustment. All areas
shown hereon are calculated based on surface measurements.
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VOLUME 388-76, PAGE 9,
0.P.R.T.C.T.
OWNER
SEJ ASSET MANAGEMENT &
INVESTMENT COMPANY
T_C.C.I. NO. D213094495,
O.P.R.T.C.T.
LINE TABLE
NO. DIRECTION DIST.
L1
N03059'01 "W
26.34'
L2
N02048'19"W
38.35'
L3
N00021'16"W
29.29'
110.05'
L4
S00°01'19"VV
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CURVE TABLE
NO.
RADIUS
LENGTH
CH. BEARING CH. LENGTH
C1
32.00'
18.61'
N16°46'06"W 18.35'
C2
29.60'
24.05'
S23012'17"E 23.39'
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1/2' CIRF
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RPLS 2026"
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PUBLIC R.O.W. f -;
ACQUISITION
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EXHIBIT "B"
SEEATTACHED METES & BOUNDS
DESCRIPTION ON PAGES 1 HEREIN
0 10, 20'
—5/8"CIRF GRAPHIC SCALE IN FEET
'BGI' 1" - 20'
EX.
R.O.W.
PUBLIC RIGHT-OF-WAY
ACQUISITION -PART 1
0.0064 ACRES (281 SQ. FT.)
NAD83 — GRID
N:6, 949, 868.65
E:2,302,587.58
POINT OF
BEGINNING
1/2" CIRF
-"USA INC
RPLS 2026"
L-- EX.
R.O.W.
PUBLIC RIGHT-OF-WAY ACQUISITION - PART I SPOONER&
LOT A-R, BLOCK 56,
CHAMBERLIN ARLINGTON ADDITION, t+�T
CITY OF FORT WORTH, ES
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TARRANT COUNTY, TEXAS JfTERED PROFFfeNINAI LAND W 0.YEYORc
PROPERTY: SEJ ASSET MANAGEMENT & INVESTMENT COMPANY, 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039
INS, NO. D213094495, O.P.R.T.C.T. (817) 685 Wa WWW.SPOONERSURVEYORS.COM
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NOTE: The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas EXHIBIT "B"
North Central Zone 4202, and are based on the North American Datum of 1983, 2011 Adjustment. All areas
shown hereon are calculated based on surface measurements. SEE ATTACHED METES & BOUNDS
DESCRIPTION ON PAGES 2 HEREIN
LOT A-R, BLOCK 56
CHAMBERLIN
ARLINGTON ADDITION
VOLUME 388-76, PAGE 9,
O.P.R.T.C.T.
OWNER
SEJ ASSET MANAGEMENT &
INVESTMENT COMPANY
T,C.C.I. NO. D213094495,
O.P.R.T.C.T.
LINE TABLE
NO.
DIRECTION
DIST.
L5
N89°58'47"W
1.07
L6
S89*58'41 "E
5.80
I i
PUBLIC R.O.W. r�
ACQUISITION— 1
EXHIBITS C&D
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R.O.W.
PUBLIC RIGHT-OF-WAY
ACQUISITION - PART 2 i
CIRS `
0.0053 ACRES (232 SQ. FT.)
L5
0 10, 20'
GRAPHIC SCALE IN FEET
1 " = 20'
CIRS - 5/8" IRON ROD WITH A CAP STAMPED "SPOONER 5922"
PUBLIC RIGHT-OF-WAY ACQUISITION - PART 2
LOT A-R, BLOCK 56,
CHAMBERLIN ARLINGTON ADDITION,
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
PROPERTY: SEJ ASSET MANAGEMENT & INVE
INS. NO. D213094495, O.P.R.T.C.T.
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EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
LOT A-R, BLOCK 56, CHAMBERLIN ARLINGTON ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a 0.0382 acre tract of land located in the City of Fort Worth, Tarrant County, Texas, said 0.0382 acre tract of land being a
portion of LOT A-R, BLOCK 56, CHAMBERLIN ARLINGTON ADDITION, being an Addition to the said City and State, according to
the plat thereof filed for record in Volume 388-76, Page 9, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said
0.0382 acre tract of land also being a portion of that certain tract of land conveyed to SEJ ASSET MANAGEMENT &
INVESTMENT COMPANY, by deed thereof filed for record in Tarrant County Clerk's Instrument No. (Ins. No.) D213094495,
Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0382 acre tract of land being more particularly described by
metes and bounds as follows:
COMMENCING at a 1/2" iron rod with a cap stamped "USA INC RPLS 2026" found at the most easterly northeast lot corner of
said Lot A-R, same being on the west right-of-way line of N. Bryant Irving Road (being a variable width public right-of-way);
THENCE North 89'58'41" West, along a north lot line of said Lot A-R, same being a south right-of-way line of said N. Bryant
Irving Road, 5.80 feet to the POINT OF BEGINNING of the herein described tract of land, said beginning point having a NAD83
Texas North Central Zone (4202) grid coordinate of N: 6,949,858.60 and E: 2,302,588.28;
THENCE over and across said Lot A-R the following courses and distances:
South 03°59'01" East, 55.90 feet;
North 89"55'08" West,15.15 feet;
North 00°04'52" East, 80.50 feet;
North 89"57'18" West, 4.06 feet;
North 00°02'42" East, 57.33 feet;
South 89°57'18" East, 10.71 feet;
South 00°21'16" East, 7.44 feet;
South 02"48'19" East, 38.35 feet;
South 03"59'01" East, 26.34 feet to an east lot line of said Lot A-R, same being the said west right-of-way line;
THENCE along the east lot lines of said Lot A-R and along the said right-of-way line the following courses and distances:
South 00*01'19" West, 10.05 feet to a 1/2" iron rod with a cap stamped "USA INC RPLS 2026";
South 89°58'41" East, 0.70 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.0382 acres (1,666 square feet) of land, more or less.
The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas North Central Zone
4202, and are based on the North American Datum of 1983, 2011 Adjustment. All areas shown hereon are calculated based on
surface measurements.
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description
accurately sets out the metes and bounds description of the tract described herein.
09-26-24
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Eric S. Spooner, RPLS �' * n 1+
Spooner & Associates, Inc. ( ER1CS. SPOONER >
Texas Registration No. 5922 1 *0,ES
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TBPLS Firm No.10054900 1/
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EXHIBIT "A" — SE.I ASSET MANAGEMENT — PAGE 1 of 2
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 -PH. 817-685-8448 - cspooncr@�spaoncrsufvcyors.com - S&A 22195
NOTE: The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas
North Central Zone 4202, and are based on the North American Datum of 1983, 2011 Adjustment. All areas
shown hereon are calculated based on surface measurements.
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NEW R.O.W.
BY SEPARATE -
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0.0382 ACRES (1,666 SQ. FT.)
ko
LINE TABLE
NO.
DIRECTION
DIST.
L1
S03"59'01"E
55.90'
L2
N89'55'08"W
15.15'
L3
N89°57'18'VV
4,06'
L4
S89'57'18"E
10,71'
L5
S00R21'16"E
7.44'
L6
302'48'19"E
38.35
L7
S03'59'01"E
26.34'
L8
S00°01'19'W
10.05'
L9
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LOT A-R, BLOCK 56 - �o ao
CHAMBERLIN "J
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ARLINGTON ADDITION
5/8" CIRF
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EX.
R.O.W.
LS
EXHIBIT "B"
SEE ATTACHED METES & BOUNDS
DESCRIPTION ON PAGES i HEREIN
NAD83 - GRID
N:6,949,858.60
E:2,302, 588.28
POINT OF
BEGINNING
N89'58'41 "W - 5.80'
POINT OF
COMMENCING
1/2" CIRF
'USA INC
RPLS 2026"
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LOT A-R, BLOCK 56, SPOONER&
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TAP -RANT COUNTY, TEXAS
11 5922
PROPERTY. LOT A-R, BLOCK 56, CHAMBERLIN ARLINGTON ADDITION 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039
VOLUME 388-76, PAGE 9, O.P.R.T.C.T (617)685-844 WWW.SPOONERSURVEYORS-CAM aF�s Off/
22195 FTW CB&$I TCE SEJ MGGAIT_X24-09.254%q TBPLS FIRM NO./0954900 T
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MAYOR AND COUNCIL COMMUNICATION MAP
COUNCIL DISTRICT 3
CAMP BOWIE AT BRYANT IRVIN INTERSECTION CFW PROJECT NUMBER 103305
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/12/24 M&C FILE NUMBER: M&C 24-0960
LOG NAME: 21CONDEMN 103305 P1 SEJ ASSET MANAGEMENT & INVESTMENT COMPANY
SUBJECT
(CD 3) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.05 Acres in Right -of -Way and Temporary Construction
Easement from Real Property Owned by SEJ Asset Management & Investment Company, Located at 6001 Camp Bowie Blvd in the Chamberlain
Arlington Heights Addition, Block 56, Lot A-R, Tarrant County, Texas, for the Camp Bowie at Bryant Irvin Intersection Project (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.05 acres in right-of-way and temporary construction
easement from real property owned by SEJ Asset Management & investment Company located at 6001 Camp Bowie Blvd in the
Chamberlain Arlington Heights Addition, Block 56, Lot A-R, Tarrant County, Texas, were unsuccessful due to the inability to negotiate
agreeable terms for the properly interest being acquired by the City;
2. Declare the necessity to acquire the described property interest for the Camp Bowie at Bryant Irvin Intersection project (City Project No.
103305);
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
6. 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 intersection improvements at Camp Bowie Blvd and Bryant Irvin Road intersection (City
Project No. 103305). The proposed improvements will increase capacity and improve geometry at the intersection.. This project consists of
adding exclusive left turn lanes for northbound and southbound lanes on Bryant Irvin Road. The project will also add dual left turn lanes for the
westbound lane on Camp Bowie Blvd. The roadway improvements will increase capacity and improve geometry at the intersection.
An independent appraisal established the property's fair market value for the right-of-way property interest in the total amount of $35,500.00.
Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the property interests 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 and
temporary construction easement interests on the property.
Parcel
No. j
Legal Description
Acreage/Property Interest
6001 Camp Bowie Blvd, Fort
Worth, TX 76116
0.012 Acres 1 Right -of -Way
1
Chamberlain Arlington Heights
Easement
Addition, Block 56, Lot A-R
1
6001 Camp Bowie Blvd, Fort
Worth, TX 76116
Chamberlain Arlington Heights
Addition, Block 56, Lot A R
0.038 Acres 1 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 0.012 acres of land in right-
of-way easement and 0.038 acres of land in temporary construction easement from real property owned SEJ Asset Management & Investment
Company. The subject property is located at 6001 Camp Bowie Blvd in the Chamberlain Arlington Heights Addition, an addition to the City of Fort
Worth, Block 56, Lot A R, Tarrant County, Texas. The land rights in the subject property are needed for the Camp Bowie at Bryant Irvin Intersection
Project, a public use that provides for intersection improvements at Camp Bowie Blvd and Bryant Irvin Rd intersection. This project consists of
adding exclusive left turn lanes for northbound and southbound lanes on Bryant Irvin Road. The project will also add dual left turn lanes for the
westbound lane on Camp Bowie Blvd. The roadway improvements will increase capacity and improve geometry at the intersection. 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 2022 Bond Program for the purpose of funding the Camp Bowie at Bryant Irvin Intersection Project, as appropriated.
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 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 Camp Bowie Blvd at Bryant Irvin 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 Cily
Manager's Office b •
Dana Burghdoff
8018
Orminating Business
Unit Head:
Marilyn Marvin
7708
Additional Information Contact: Ricardo Salazar 8379