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Home My WebLink About6313-05-2026 - City Council - ResolutionA Resolution NO. 6313-05-2026 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 May 12, 2026, in M&C 26-0370, ordered and decreed that a public necessity existed to acquire 1.015 acres of land in fee simple, from real property located at 4350 Southwest Boulevard, in the Franklin S. Perry Survey, Abstract No. 1226, Tarrant County, Texas, as described in the exhibits attached to the above -referenced M&C; those exhibits are incorporated herein for all purposes (the "Property"); WHEREAS, the Fort Worth City Council has determined that: - the Property is needed for the Trail Gap Bomber Spur (the "Project"); - the land rights in the Property are needed to construct a 12' wide shared -use Bomber Spur Trail from Calmont Avenue to West Vickery Boulevard; - public necessity required the acquisition by condemnation of the Property, located within the alignment of the Project; - the use of the Property will be a public use; and - the Real Estate Division of the Property Management Department is authorized to acquire by negotiation the Property needed for the Project. WHEREAS, negotiations between the City of Fort Worth and the property owner, C. H. Norton (Deceased) were unsuccessful due to the inability to find the heirs of the vested owner and obtain clear title for the property interest being acquired by the City of Fort Worth; and WHEREAS, on this 12m day of May 2026, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Crain, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing the use of the power of eminent domain to acquire 1.015 acres in fee simple from real property owned by C. H. Norton (Deceased). The property interest is needed for the Bomber Spur Trail project to construct a 12' wide shared -use Bomber Spur Trail from Calmont Avenue to West Vickery Boulevard. The property is located at 4350 Southwest Boulevard, in the Franklin S. Perry Survey, Abstract No. 1226, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Seconded by Councilmember Flores, 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 12m day of May 2026 ATTEST: By: +1� Jannette S. Goodall, City Secretary 021 P M D C P N 104345 PARCEL 3 ACQUISITION MAP BOMBER SPUR TRAIL PROJECT? E. COUNCIL DISTRICT 3; . 4350 Southwest Boulevard *LOCATION OF BOUNDARY IS APPROXIMATE. Right -of -Way Fee Simple = 1.01 Acres *= Project Site OPT Worth 0. b Copyright 2017 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. FORT ORTH IS 1 fs 1vv -41 99 Oil i ti mod XH / � �' • r 4;�J•• - •.I I Imo(`_ II�� — L �r ��•.. " , f. •I s.'a l 41� 01 - OO•OLO1 .4� i\: ,a " ys�-' H1O(A -.I M02d X11 N {' � � N - —II of II I N N w N ��. IVNLnyr o (A N _ _ O - I CD W W (AN (A WI I -. A �.• _� I r •� I —- �� \ . '� r -;� _ � � � ell. MEN f do �r aUAA 9NINI81OM EXHIBIT "A" BOMBER SPUR TRAIL PHASE II CITY OF FORT WORTH PROJECT NO. 104345 PARCEL NO. 3 FRANKLIN S. PERRY SURVEY, ABSTRACT NO. 1226 Being a 1.01 acre (44,201 square feet) tract of land situated in the Franklin S. Perry Survey, Abstract No. 1226, City of Fort Worth, Tarrant County, Texas, and being a portion of a called 1.01 acre tract of land described as Tract No. 3 conveyed as a right-of-way easement to the United States of America as recorded in Volume 1492, Page 343 of the Deed Records of Tarrant County, Texas, and subsequently released in Volume 15317, Page 331 of said Deed Records of Tarrant County, Texas, said 1.01 acre (44,201 square feet) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the east corner of Lot 5, Block 71 of Ridglea Hills, an addition to the City of Fort Worth as recorded in Volume 388-11, Page 45 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod being the north corner of Lot 6 of said Block 71, said 1/2 inch iron rod being in the southwest line of Overhill Road (50.0' right-of-way); THENCE South 62 degrees 16 minutes 45 seconds West, with the southeast line of said Lot 5 and with the northwest line of said Lot 6, a distance of 131.66 feet to a calculated point for the south corner of said Lot 5 and the west corner of said Lot 6, said calculated point being in the east line of a called 0.90 acre tract of land described as Tract No. 4 conveyed as a right-of-way easement to the United States of America as recorded in Volume 1492, Page 343 of the Deed Records of Tarrant County, Texas, and subsequently released in Volume 15317, Page 331 of said Deed Records of Tarrant County, Texas, THENCE South 00 degrees 30 minutes 32 seconds East, a distance of 7.70 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the POINT OF BEGINNING, said 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" being the north corner of said Tract No. 3; THENCE South 27 degrees 46 minutes 51seconds East, with northeast line of said Tract No. 3, a distance of 932.52 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the east corner of said Tract No. 3, from which a 3/8 inch iron rod found for the east corner of Lot 2 of said Block 71 and for the north corner of Lot 3 of said Block 71 bears North 71 degrees 06 minutes 17 seconds East, a distance of 135.81 feet, said 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" also being the north corner of a called 0.65 acre tract of land described as Tract No. 2 conveyed as a right-of-way easement to the United States of America as recorded in Volume 1492, Page 343 of the Deed Records of Tarrant County, Texas, and subsequently released in Volume 15317, Page 331 of said Deed Records of Tarrant County, Texas; THENCE South 62 degrees 13 minutes 09 seconds West, a distance of 50.00 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the south corner of said Tract No. 3; THENCE North 27 degrees 46 minutes 51 seconds West, a distance of 835.52 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the west corner of said Tract No. 3, said 5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set being in the east line of said Tract No. 4; Exhibit "A" - Page 1 of 2 EXHIBIT "A" BOMBER SPUR TRAIL PHASE II CITY OF FORT WORTH PROJECT NO. 104345 PARCEL NO. 3 FRANKLIN S. PERRY SURVEY, ABSTRACT NO. 1226 THENCE North 00 degrees 30 minutes 32 seconds West, with the west line of said Tract No. 3 and with the east line of said Tract No. 4, a distance of 109.12 feet to the POINT OF BEGINNING, and containing 44,201 square feet or 1.01 acres of land, more or less. Notes: (1) A plat of same date herewith accompanies this legal description. (2) Bearings are referenced to the Texas State Plane Coordinate System, NAD-83 (2011), North Central Zone (4202). All distances and areas shown are surface. June 23, 2023 Revised: June 26, 2023 Richard Kennedy Registered Professional La Texas No. 5527 Gorrondona & Associates, Inc. Texas Firm No. 10106900 Exhibit "A" - Page 2 of 2 Lu 0 Lu Ir m EXHIBIT "B " PARCEL No. 3 FRANKLIN S. PERRY SURVEY \ LOT 4 `, ABSTRACT NO. 1226 13 HILLS 45 �\ ` RIGHT—OF—WAY ` g1DGL sA�� PAGE \ ` EASEMENT ` vpLUME 3p.RZ C 1' \ TRACT 4 \ \ I \� LOT 5 �P.0.C.� LOT 1 \ \\ 1'�� FND 1/2"IR I s P.O.B. L-1 LOT 6 , LOT WgST 13 } gIDG 3111- silo W \\ LOT 7 �I CPBIN� PRj,CT. F.ir:irir:ir. , N 100 50 0 100 SCALE IN FEET 20' UTILITY AND DRAINAGE EASEMENT CABINET 388-11, SLIDE 45 \ P.R.T.C.T. LL OI C LOT 4 RIGHT—OF—WAY EASEMENT 01 PORTION OF o �TRACT 3 UNITED STATES OF AMERICA I VOLUME 1492, PAGE 343 D.R.T.C.T. RELEASED IN VOLUME 15317, PAGE 331 D.R.T.C.T. I LOT 8 LOT 7 I I LOT 8 j I REVISED: JUNE 27, 2023 r r?........... LOT 8 ` o, y\ \ LOT 9 A10 O\ \\ LOT 10 \ ' LOT 11 ` \\ LOT 12 MATCHLINE PG. 2 City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 BOMBER SPUR TRAIL PHASE 2 rrRlC o F T EPARCEL NO. 3 ICITY PROJ. NO. 104345_RIGHT—OF—WAY AND EASEMENT RD KENNEDY OWNER: C.M. N ORTO N OR HALLI E P. N O RTON v: SURVEY: FRANKLIN S. PERRY SURVEY, ABSTRACT NO. 1226 y`?'pF5527p�?: p LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 44,201 SQUARE FEET OR 1.01 ACRES Sy WHOLE PROPERTY ACREAGE: 43,996 SQUARE FEET OR 1.01 ACRES (DEED) RICHARD KENNEDY JOB No. KHA_2221.00 DRAWN BY: BM CAD FILE: P3.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: JUNE 23, 2023 1 EXHIBIT B PAGE 1 OF 3 SCALE: 1" = 100' NO. 5527 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 EXHIBIT "B " PARCEL No. 3 MATCHLINE PG. 1 LOT 12 \ A\\ LOT 13 ` \ \ kp 100 50 0 100 LOT 14R s' c::::::::::::. \� SCALE IN FEET ;; ti << RIGHT—OF—WAY EASEMENT �� ` \ PO RAC3OF '� LOT 1R \0, ,\ UNITED STATES OF AMERICA �.::::::::::::.��'�i, O 71 ILLS \ -v VOLUME 1492, PAGE 343 �V.\`�' ` , BL EA HILppGE D.R.T.C.T. : �� RIDGL3aa,��. RELEASED IN S `,voWME 3�$ ` 20' UTILITY AND DRAINAGE EASEMENT VOLUME 15317, PAGE 331 ��1; .:.:.:.::::::::::::::. �� P. CT \ VOLUME PBR.T.C�T. PAGE 45 D.R.T.C.T. \\ / \ \ FND 3/8"IR '''"''"''"''" ` BEARS N 71'06'17"E 135.81' LACK OLOT z �\ LOT 1 EY MANR \ . VOLUME 3P RT.CT LOT 3 \ FRANKLIN S. PERRY SURVEY ABSTRACT NO. 1226 REVISED: JUNE 27, 2023 LOT 4 \ \ I 9FO� BLOCK 111LLs I I �\ LOT 5 ` I \ City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 BOMBER SPUR TRAIL PHASE 2 PARCEL NO. 3 I CITY PROJ. NO. 104345 RIGHT—OF—WAY AND EASEMENT OWNER: C.M. NORTON OR HALLIE P. NORTON SURVEY: FRANKLIN S. PERRY SURVEY, ABSTRACT NO. 1226 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 44,201 SQUARE FEET OR 1.01 ACRES WHOLE PROPERTY ACREAGE: 43,996 SQUARE FEET OR 1.01 ACRES (DEED) JOB No. KHA_2221.00 DRAWN BY: BM CAD FILE: P3.DWG DATE: JUNE 23, 2023 1 EXHIBIT B PAGE 2 OF 3 SCALE: 1" = 100' GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 �� OF P: ��srE;�:F�-9 RICHARD KENNEDY y • of �o�:�O tip•\ ss•••�� / \ •R RICHARD KENNEDY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5527 TEXAS FIRM No. 10106900 817-496-1424 FAX 817-496-1768 EXHIBIT "B " PARCEL No. 3 LEGEND 5/8" CAPPED IRON ROD STAMPED ® "GORRONDONA & ASSOCIATES" 0 FND MONUMENTATION (SIZE AND TYPE NOTED) 0 CALCULATED POINT - - PROPERTY/RIGHT-OF-WAY LINE ------------ EXISTING EASEMENT LINE ------------ PROPOSED EASEMENT LINE SURVEY/ABSTRACT LINE LINE TABLE LINE BEARING DISTANCE L-1 S 00'30'32"E 7.70' L-2 S 62'13'09"W 50.00' L-3 N 00'30'32"W 109.12' NOTES: 1. A LEGAL DESCRIPTION OF SAME DATE HEREWITH ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83(2011), NORTH CENTRAL ZONE (4202). ALL DISTANCES AND AREAS SHOWN ARE SURFACE UTILIZING A SURFACE ADJUSTMENT FACTOR OF 1.000120000. REVISED: JUNE 27, 2023 FORT WOKM City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 BOMBER SPUR TRAIL PHASE 2 OF T PARCEL NO. 3 I CITY PROJ. NO. 104345------------ RIGHT-OF-WAY AND EASEMENT RICHARD KENNEDY OWNER: C.M. N ORTO N OR HALLI E P. N O RTON """"""""""""'"""""""'"""' SURVEY: FRANKLIN S. PERRY SURVEY, ABSTRACT NO. 1226 5527o�?: p LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Rio SS�,��-� ACQUISITION AREA: 44,201 SQUARE FEET OR 1.01 ACRES R WHOLE PROPERTY ACREAGE: 43,996 SQUARE FEET OR 1.01 ACRES (DEED) RICHARD KENNEDY JOB No. KHA_2221.00 DRAWN BY: BM CAD FILE: P3.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: JUNE 23, 2023 1 EXHIBIT B PAGE 3 OF 3 SCALE: 1" = 100' NO. 5527 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-17E Lot Report Lot: P3 Bearing Distance S 27046'51" E 932.52 S 62013'09" W 50.00 N 27046'51" W 835.52 N 00030'32" W 109.12 Closure Error Distance> 0.0096 Error Bearing> N 29053'15" W Closure Precision 1 in 200763.2 Total Distance> 1927.16 44,201 SQ. FT. 1.015 ACRES City of Fort Worth, Texas Mayor and Council Communication DATE: 05/12/26 M&C FILE NUMBER: M&C 26-0370 LOG NAME: 21CPN 104345 P3 BOMBER SPUR TRAIL R SUBJECT (CD 3) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 1.015 Acres in Fee Simple from Real Property Owned by C. H. Norton (Deceased), Located at 4350 Southwest Boulevard, Fort Worth, Tarrant County, Texas 76116, for the Bomber Spur Trail Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City of Fort Worth and the property owners to acquire the fee simple interest in 1.015 acres from real property owned by C. H. Norton, (Deceased), in the amount of $88,402.00 situated in the Franklin S. Perry Survey, Abstract No. 1226, City of Fort Worth, Tarrant County, Texas, and being a portion of a called 1.01 acre tract of land described as Tract No. 3 conveyed as a right-of-way easement to the United States of America as recorded in Volume 1492, Page 343 of the Deed Records of Tarrant County, Texas, and subsequently released in Volume 15317, Page 331 of said Deed Records of Tarrant County, Texas and also known as 4350 Southwest Boulevard, Fort Worth, Tarrant County, Texas 76116 (City Project No. 104345), were unsuccessful due to the inability to establish ownership; 2. Declare the necessity to acquire the described property interest for the Bomber Spur Trail project (City Project No. 104345); 3. Adopt the attached resolution authorizing the City of Fort Worth to use its power of eminent domain to acquire the property for public use; 4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the property owner; 5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and 6. Authorize the City Manager or his designee to accept and record the appropriate instruments. DISCUSSION: The property rights in the subject property are needed for the Park & Recreation Department (PARD) to construct a 12' wide shared -use Bomber Spur Trail from Calmont Avenue to West Vickery Boulevard. When completed, the Bomber Spur Trail will feature a 12' wide paved trail, neighborhood trailheads, a pedestrian bridge over Camp Bowie Boulevard, retaining walls and ramps, landscape amenities, and street crossing signals. On June 25, 2024, Council approved the fee acquisition of Parcel 3 under Mayor & Council Communication (M&C) 24-0581 from the parties then believed to be the property's lawful heirs. Subsequent due diligence identified unresolved issues in the chain of heirship. Accordingly, this M&C requests Council authorization to proceed with condemnation to obtain clear title. An independent appraisal established the fair market value for the property interest (shown below) at $88,402.00. Negotiations were unsuccessful due to the inability to find the heirs of the vested owner and obtain clear title for the property interest needed for the project. Upon approval, a condemnation action will be brought, and a Special Commissioners' hearing will be held to acquire the fee simple interest on the property. Improved Subject Property (Parcel Noll Legal Description IlAcreage / Property Interest) 11 3 IlFranklin S. Perry Survey, Abstract No. 1226, City of Fort Worth, Tarrant County111.015 Acres / Fee Simple 11 Acquisition of 1.015 acres of Parcel 3 is estimated to have a one-time cleanup cost of $800.00. To approve this Mayor and Council Communication (M&C), the Council Member making a motion to authorize condemnation by eminent domain should say: "I move that the Fort Worth City Council adopt the resolution authorizing the use of the power of eminent domain to acquire 1.015 acres in fee simple from real property owned by C. H. Norton (Deceased). The property interest is needed for the Bomber Spur Trail project to construct a 12' wide shared -use Bomber Spur Trail from Calmont Avenue to West Vickery Boulevard. The property is located at 4350 Southwest Boulevard, in the Franklin S. Perry Survey, Abstract No. 1226, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Funding is budgeted in the Grant Cap Projects Federal Fund and the General Fund for the Park and Recreation Department for the purpose of funding the Trail Gap Bomber Spur Ph I project, as appropriated. The federal funding is provided through the Texas Department of Transportation. This property is located in COUNCIL DISTRICT 3. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal Fund and the General Fund for the Trail Gap Bomber Spur Ph I project to support the approval of the above recommendations and land acquisition. The financial records of the City will be updated to reflect this acquisition based upon the Capital Assets Policy contained within the Financial Management Policy Statements. Prior to an expenditure being incurred, the Property Management and Park & Recreation Departments have the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head: Additional Information Contact: Valerie Washington 6199 Marilyn Marvin 7708 Stuart Young 8379 Austin Street 6328