HomeMy WebLinkAboutContract 46068 Page 1 of 6 CITY SECRET
CONTRACT NO.
Electronically Recorded Tarrant County
Official Public Records 9/11/201411:59 AM D214199860
- PGS 6 $36.00
LOVING AVE CHANNEUM4D L(VEAT IMPROVEMENTSS*4%k O�F�Q�,C� MMERCIAL
Parcel# 5 1��� (( ��11
Doe # 5558
2967 Loving Ave
BLOCK 48 LOT 5 OAK GROVE ADDITION FORT WORTH
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT SEWER AND DRAINAGE FACILITY EASEMENT
DATE: 06/17/2014
GRANTOR: THANG D. NGUYEN
GRANTOR'S MAILING ADDRESS (including County):
1008 ACORN COURT
FORT WORTH, TX 76012-2801 (TARRANT COUNTY)
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
1000 THROCKMORTON ST.
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
PROPERTY: Being a 0.017 acre strip of land situated in LOT 5 BLOCK 48, OAKGROVE
ADDITION, being an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat
thereof recorded in Volume 309, Page 59, Plat Records, Tarrant county, Texas, Said 0.017 acre
strip of land being a portion of that same tract of land conveyed to THANG D. NGUYEN, by deed as
recorded in Tarrant County Clerk's instrument No. D209307676, Deed Records, Tarrant County,
Texas, said 0.017 acre (750sf.) strip of land being more particularly described in attached exhibits
«A",
Grantor, for the Consideration paid to Grantor and other good and valuable consideration,
hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive,
perpetual easement for the construction, operation, maintenance, replacement, upgrade,
PERMANENT 0�QEWER AND DRAINAGE FACILITY EASEMENT
Re L
�FFMAL RECORD
RECEIVED OCT 2 4 2014,
Page 2 of 6
and repair of a Permanent Sewer and Drainage Facility, hereafter referred to as "Facility".
The Facility includes all incidental underground and aboveground attachments, equipment
and appurtenances, including, but not limited to manholes, manhole vents, lateral line
connections, pipelines, junction boxes, inlets, flumes, headwalls, wingwalls, slope
pavement, gabions, rock rip-rap, drop structures and access ramps, and other erosion
control measures in, upon, under and across a portion of the Property and more fully
described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes,
together with the right and privilege at any and all times to enter Property, or any part
thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and
repairing said Facility.
In no event shall Grantor (1) use the Property in any manner which interferes in any material
way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected
within the easement property a permanent structure or building, including, but not limited to,
monument sign, pole sign, billboard, brick or masonry fences or walls or other structures 1
that require a building permit, or any structure not requiring a building permit but which may
threaten the structural integrity or the capacity of the storm drain and its appurtenances.
However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel
driveway, road or parking lot across the Easement Property. Grantee shall be obligated to
restore the surface of the Property at Grantee's sole cost and expense, including the
restoration of any sidewalks, driveways, or similar surface improvements located upon or
adjacent to the Easement which may have been removed, relocated, altered, damaged, or
destroyed as a result of the Grantee's use of the easement granted hereunder. Provided,
however, that Grantee shall not be obligated to restore or replace irrigation systems or
other improvements installed in violation of the provisions and intended use of this
Easement.
TO HAVE AND TO HOLD the above-described easement, together with all and singular the
rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's
successors and assigns forever; and Grantor does hereby bind itself and its successor and
assigns to warrant and forever defend all and singular the easement unto Grantee, its
successor and assigns, against every person whomsoever lawfully claiming or to claim the
same, or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
PERMANENT SEWER AND DRAINAGE FACILITY EASEMENT
Rev.06/1212010
Page 3 of 6
GRANTOR: GRANTEE: City of Fort Worth
Thang D. Nguyen 0 Fernando Costa
Assistant City Manager
APPROVED AS TO F RM ND LEG 'ITY
F®� opher B. Mosley,
Senior Assistant City Attorney
°QQO°o°o°°®°°
City Secretary
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared V- � known to me to be the same
person whose name is subscribed Co the foregoing instrument, and acknowledged to me that the
same was the act of and that he/she executed the same as
the act of said for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this f day of
MY
otary P lic in and r the Stat T s
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PERMANENT SEWER AND DRAINAGE FACILITY EASEMENT "+t„�11 9 TI
Rev.05/12/2010
Page 4 of 6
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of
Fort Worth, known to me to be the same person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that
he/she executed the same as the act of the City of Fort Worth for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this�' ' day of
120
r
otary Public in and for the State of Texas j
EVONIA DANIELS
tiT�: A i
Notory Public,Stole of Texos
r y My commission Expires
July 10, 2017
I
I
I
PERMANENT SEWER AND DRAINAGE FACILITY EASEMENT
Rev.05/1212010
Page 5 of 6
EXHIBIT"A"
LOVING CHANNEL—PARCEL 5
PERMANENT DRAINAGE AND SEWER FACILITY EASEMENT
LOT 5,BLOCK 48, OAK GROVE ADDITION,
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
BEING a 0.017 acre strip of land situated in LOT 5,BLOCK 48,OAK GROVE ADDITION,being an .
addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in
Volume 309, Page 59, Plat Records,Tarrant County, Texas, said 0.017 acre strip of land being a portion
of that same tract of land conveyed to THANG D. NGUYEN, by deed as recorded in Tarrant County
Clerk's Instrument No. D209307676, Deed Records, Tarrant County, Texas, said 0.017 acre strip being
herein more particularly described by metes and bounds as follows:
BEGINNING at the northwest property corner of said Lot 5,same being the southwest property corner of
Lot 6,Block 48 of said Oak Grove Addition,from said beginning point a 1/2 inch iron with cap stamped
"FULTON" found at the northwest property corner of said Lot 6 bears North 00°12'32"West,a distance
of 50.00 feet;
THENCE North 89 047'28"East,along the north property line of said Lot 5,a distance of 15.00 feet;
THENCE South 00°12'32"East, a distance of 50.00 feet to the south property line of said Lot 5, from
which a 1/2 inch iron rod found at the southeast property corner of said Lot 5 bears North 89°47'28"East,
a distance of 125.00 feet;
THENCE South 89°47'28" West, along the said south property line, a distance of 15.00 feet to the
southwest property corner of said Lot 5,from which a 1/2 inch iron rod with a cap stamped"FULTON"at
the southwest property corner of Lot 4 of the said Oak Grove Addition bears South 00°12'32" East, a
distance of 50.00 feet;
THENCE North 00°12'32" West, along the west property line of said Lot 5, a distance of 50.00 feet to
the POINT OF BEGINNING.
Herein described tract of land contains 0.017 acres(750 square feet) of land,more or less.
NOTE: The basis of bearings for this survey.is the Texas State Plane NAD83 North Central Zone
(4202).
1 do hereby certify on this 23rd day of October, 2012, that the above legal description was prepared
from public records and from an actual and accurate survey upon the ground and that the same is true
and correct. -
op
Spooner and Associates, Inc.
Eric S. Spooner, RPLS
Registered Professional Land Surveyor ERIC S. SPOONER
Texas Registration Number 5922
Dated: /o- 3-iZ
Exhibit"A"Page 1 of 2
Page 6 of 6
PLAT QF EXHISIT "A"
SEE ATTACHED LEGAL DESCRIPTON LINE TABLE
ON PAGE 1 OF EXHIBIT"A"HEREIN
— ¢ - — 30TH STREET NO. DIRECTION D1sT.
(60'R.0.W.) o L1 N89°4728 9E 15.00'
1/Z"C/RF
"FULroN" L2 S00°12'32"E 50,00'
_ 140.00' L3 S89"47'28"Vlr 15.00'
1/2"IRF
LOT 10 L4 N00°12'32V 50.00'
LOT7 �I
is(3 I I
o .�ti 112"CIRF !'KNAIL
Q = a Q "FULTON" I PROPOSED EASEMENT FND.
O
U CV)W d _ (BY SEPARATE INSTRUMENT) — —
m q vo CL I 140.00'
I
Z a j , I LOT 6,SLOCK48 z
O v l # I OAK GRQVEADDlrl0N $ LOT 7
VOL.309,PG.59,
P.R.T.C.T
P 0.B. L1
EXHIBIT'A _ N894728W-12500' o —
cors
LOT8 OWNER: BLOCK48 r Q ti
THANG D.NGUYEN w
T44-1 No.D209307676 o m ac cc
D.R.T.C.T. $ �►. Ch p
a N89 4778"E^•(25:00' ---
LOT 73
w EXHIBIT"A„ LOT 4 1n"
PERMANENT DRAINAGE AND $ $ LOTS
SEWER FACILITY EASEMENT
112"CIRF �$ I 0.017 ACRES(750 S.F.)
"I`UL.T+ON`
LOT 6 140.00' 30.0' _
PROPOSED EASEMENT
0 20 401 (BYSEPARA7E INSTRUMENT)
I LOT 3 $
GRAPHIC I 1J2"IRF
SCALE IN FEET I 14o.ao'
1"=40' _ _ --- — _
THE BASIS OF BEARINGS FOR THIS SURVEY IS
THE TEXAS STATE PLANE NAD83 NORTH CENTRAL ZONE(4202). $F TF
LOVING CHANNEL PERMANENT DRAINAGE&SEWER FACILITY EASEMENT- PARCEL 5
cn
ERIC S.SPOONER
PROPERTY, LOTS,HLOCK48,OAK GROVE ADDITION ` `:` 5922` "'"
LOCATION:CITY OF FORT WORTH,TARRANT COUNTY,TEXAS EXHIBIT"A" PAGE 2 OF 2
WHOLEPROPERTYACRFAGe 0.40TACRES(PLAT)
S&A JOB NO,: 1643 DRAWN BY., C.R.R. V
DATE: 10123=12 CHECKED BY:E.S.S. ACRD FILE:1843-EASEMENTS
i
SPOONER&ASSOC.,INC. 309 BYERS STREET,SUITE 100,EULESS,7X76039, PH S17-28 2356 FAX 8176958508.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9117/2013
DATE: Tuesday,September 17,2013 REFERENCE NO.: L-15619
LOG NAME: 20ROWE5558NGUYEN—CONDEMN
SUBJECT:
Authorize Condemnation by Eminent Domain for an Easement Interest in 0.017 Acres of Land for Sewer and
Drainage for the Loving Channel Drainage Improvements Project Located at 2967 Loving Avenue Owned by
Thang D.Nguyen(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1.Declare that negotiations between the City and the landowner to acquire an easement interest in 0.017
acres of land for sewer and drainage improvements on property owned by Thang D.Nguyen located at 2967
Loving Avenue,Fort Worth,Texas,were unsuccessful because Nguyen failed to respond to the City's initial
and final offers.
2.Declare the necessity to acquire the easement interest in the property for the Loving Channel Drainage
Improvement Project;
3.Authorize the City Attorney to institute condemnation by eminent—domain proceedings to acquire the
described easement interest in the property;
4.Authorize payment pursuant to an award of commissioners or a negotiated settlement; and
5.Authorize the City Manager or his designee to accept and record appropriate instruments.
DISCUSSION:
The easement acquisition is needed to improve drainage to the existing Loving Channel located between
Loving Avenue and Prairie Avenue.The improvements to the channel will help decrease the flooding of
Loving Avenue during heavy rains.The current neighborhood drainage system is inadequate.During heavy
rains, the natural channel's capacity does not allow for the capture and flow of water,causing high water in
the street,which poses a danger to drivers and those living in nearby homes.
An independent appraisal established fair market value for the taking as$1,354.00 that was not accepted by
the property owner.Therefore, the compensation will be decided by a Special Commissioners'hearing.Upon
approval,a Special Commissioners'hearing will be brought to condemn and acquire the easement interest in
the property.The mineral estate will not be acquired.The judgment will contain a surface waiver for the
exploration of the mineral estate.Upon City Council approval,Staff will proceed with acquiring the needed
easement interest in the property shown below.Funds are available in the Stormwater Capital Project Bond
Fund for this project.
RECEIVED OCT 2 44014
Parcel No_ Address Legal Description Tv.ne of Taking Amount
05 2967 Loving Avenue Oak Grove Addition Sewer and Drainage Easement 0.017
Lot 5,Block 48 Acres of Land
To approve this Mayor and Council Communication, the Council Member making a motion to authorize
condemnation by eminent domain should say:
I move that the Fort Worth City Council authorize the use of the power of eminent domain to acquire 0.017
acres of land for a sewer and drainage easement from Thang D.Nguyen needed for the improvements to the
existing Loving Channel.The permanent sewer and drainage easement is described by metes and bounds and
depicted by survey plat attached to this Mayor and Council Communication(M&C).The tract of land is
located in Lot 5, Block 48, Oak Grove Addition,Tarrant County,Texas, also known as 2967 Loving Avenue.
The land rights will be used for the Loving Channel Drainage Improvements Project.
This property is located in COUNCIL DISTRICT 2,Mapsco 62A.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations and
Award of Commissioners,funds will be available in the current capital budget,as appropriated,in the
Stormwater Capital Projects Bond Fund for this project.
FUND CENTERS:
TO Fun Account/Centers FROM Fun n enters
P227 541100 202280062641 0.0
ERTIF CATQ[S:
Submitted for Cily Manager's Off c bv: Fernando Costa (6122)
i 'natin r ment Head, Douglas W.Wiersig (7801)
Additional Information Contact: Lexington Wright (6645)
ATTACHMENTS
1.,5458—ROWE5558NGUYEN— ONDE ndf
2, Exhibit 5 PDFE PSFE Doe 5558,p fd PDF
3.P227 00626 avail funds.ndf
MAYOR AND "OUNCIL COMMU "'CATION MAP
R WE5558NGUYEN
-CONDLAN
Copyright 2011 City of Fort Worth.Unauthorized reproduction is a violation of applicable 37TH
laws.This product Is for informational purposes and may not have been prepared for or be O
citable for legal,engineering,or surveying purposes.It does not represent an on-the-ground A qNS qyC W i— 36TH
survey and represents only the approximate relative location of property boundaries.The City �el��,�° .QRk O/y� �� 36TH � U
of Fort Worth assumes no responsibility for the accuracy of said data.
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DOE#5558,CITY PROJECT#00626
DETAIL OF PROJECT LOCATION LOT 5, BLOCK 48
OAK GROVE ADDITION