HomeMy WebLinkAboutResolution 4389-12-2014 A Resolution
NO. 4389-12-2014
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 December 9, 2014, in M&C L-15737, ordered and
decreed that a public necessity existed for a .0261 acre tract at 5021 East Rosedale and a.0388 acre
tract from 5013 East Rosedale more particularly described in the exhibits attached to the M&C
("Property");
WHEREAS, the Fort Worth City Council has determined that:
- the Property is needed for the East Rosedale Street Improvement Project, a public project
("Project");
- public necessity required the acquisition by donation, purchase, condemnation or otherwise
of the Property, located within the alignment of the Project;
- the use of the Property will be a public use; and
- that the Right-of-Way Section of the Transportation and Public Works Department was
authorized to acquire by negotiation the Property needed for the Project.
WHEREAS, negotiations for the purchase of said tract of land have been unsuccessful; and
WHEREAS, on this 9th day of December, 2014, at a regular meeting of the Fort Worth City
Council,upon Motion of Councilmember Gyna Bivens,to wit:
I move that the Fort Worth City Council authorize the use of the power of eminent domain to acquire
0.0261 acres of land for a right-of-way easement from Mary Luanne Smith, and 0.0388 acres of land for
a right of way easement from Nghia Thi Nguyen and Mary Luanne Smith, needed for the improvements
to East Rosedale Street. The right-of-way easements to be acquired are described by metes and bounds
and depicted by survey exhibits attached to this Mayor and Council Communication (M&C). The tracts
of land are located in Lots 2 and 4Ra, O'Brien Subdivision, Tarrant County, Texas, also known as 5021
and 5013 East Rosedale Street. The land rights will be used for the East Rosedale Street Improvement
Project. The first record vote applies to both parcels to be condemned. The City Secretary is directed to
reflect that the first record vote applies to both parcels.
Seconded by Councilmember Sal Espino,duly put and carried: RESOLUTION.
RTWo
Resolution No.4389-12-2014
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
That the City of Fort Worth, Texas, is authorized to use the power of eminent domain to acquire
the Property for the public use of inclusion in the Project; and
That 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 interests listed above and attached to this Resolution.
Adopted this 9h day of December, 2014. Q yha a�0a * 0o1000000004 0 0
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ATTEST: 00 o o dBy. 000 000 *Y Mary K i y Se y 00000 0 �
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ORT WORT
EAST ROSEDALE STREET.IMPROVEMENTS
PARCEL No, 30
R.O.W. CSJ; 0902-48-453
5013 EAST ROSEDALE STREET
LOT 4RA, O'BRIEN SUBDIVISION
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS
EXHIBIT"N'
BEING a 1,689 square foot tract of land situated in the P.Ahlers Survey,Abstract No.33, City
of Fort Worth,Tarrant County,Texas and being a portion of that certain tract of land as
conveyed to Nghia Thi Nguyen,by Deed, filed December 27,2000, and recorded in Volume
14674, Page 479 of the Deed Records of Tarrant County,Texas,being a portion of Lot 4RA of
O'Brien Subdivision,,an addition to the City of Fort Worth,Texas,according to the plat thereof
recorded in Volume 388-103,Page 980 of the Plat Records of Tarrant County,Texas and,being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod with yellow cap stamped"A.R.S." set for corner.in the east
line of a tract of land conveyed to Hoa Dinh Tran by deed recorded in. Document No.
D2013165088 of the Deed Records of Tarrant County, Texas,in the east line of Lot 5RA of said
O'Brien Subdivision, in.the west line of said Lot 4RA,.in the west line of said Nguyen tract and
in the proposed north right-of-way line of East Rosedale Street;
THENCE North 89°34'43"East, along said proposed north right-of-way line of East Rosedale
Street, for a distance of 149.98 feet.to a 5J8-inch iron rod with yellow cap stamped "A.R.S." set
for corner in the west line of a tract of land conveyed to Mary Luanne Smith by deed recorded in
Volume 12227,Page 3269 of the Deed Records of Tarrant County; Texas, in the west line of Lot
2 of O'Brien Subdivision; an addition to the City of Fort Worth, Texas, according to the plat
thereof recorded in Volume 1652, Page 434 of the Deed Records of Tarrant County, Texas,in
the east line of said Lot 4RA and in the east line of said Nguyen.tract;
THENCE South.00°09'40"East, along the west line of said Lot 2, the west line of said Smith.
tract, the east line of said Lot 4RA and the east line of said Nguyen tract, for a distance of 11.34
feet to a point for corner in the existing north right-of-way line of East Rosedale Street and
marking the southwest comer of said Lot 2, the southwest corner of said Smith tract, the
southeast corner of said Lot 4RA and the southeast corner of said Nguyen tract;
THENCE South 89°38'18" West, along the existing north right-of-way line of East Rosedale
Street, the south line of said Lot 4RA and the south line of said Nguyen tract, for a distance of
150.00 feet to a point for corner marking the southeast corner.of said Tran tract, the southeast
corner of said Lot 5RA, the southwest corner of said Lot 4RA and the southwest corner of said
Nguyen tract;
THENCE North 00 003'42" West, along the east line of said Lot 5RA, the east line of said Tran
tract,the west line of said Lot 4RA and the west line of said Nguyen tract,for a distance of 11.18
feet to the POINT OF BEGINNING and containing 1,689 square feet or 0.0388 acres of land,
more or less.
Page 1 of 2
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No: 30
R.O.W. CSJ: 0902-48-453
5013 EAST ROSEDALE STREET
LOT 4RA, O'BRIEN SUBDIVISION
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
EXHIBIT"A"
Basis of Bearings is Texas State Plane Coordinate System, NAD 83(2011),North Central Zone
(4202).
Note:A plat of even survey date herewith accompanies this description.
I,Michael Cuzzo;a Registered Professional Land.Surveyor,in the State of Texas,Hereby certify
mat the land description and plat represent an actual survey made on the ground under my
supervision.
f l F T
Michael Cuzzo, P.L.S. 05/12/14 �4ICH DEL "vL Z1O
Texas Registration No. 5693
UFO
ARS Engineers,Inc. v;,
12801 N. Central Expressway u Si
Suite 1250
Dallas,Texas 75243
Ph. 214-739-3152
Page 2 of 2
Exhibit.;^gr
Page 1 of 1
- LINE .`B RING DISTANCE
<a seog E „� e P::: AHLERS SURVEY �z o
_ ooe2 �°ABSTRACT 33, No ; w ;s
CI`E-Y. :OF
N
A-33 FORT WORTH"
Lot 4 A
R ' -
O'BrierP:Subdivision . .
V: 388-103, P. 980
P.P_T.C.T. GRAPHIC SCALE
Lot 2'
EAST A0SCDALE.STREET "Nghicr T�'11��'N.guydn - O'Brien Subdivision .�
Vol. 74674;,'P'9.' ' 479: V 1652, P. 434 isr u ,�'
12-2:7-2000 P.R.r C_T.
Lot SRA D.R.T.C,T.
O'Brien Subdivision
V. 388-103, P. 980
Mary Luanne Luanne Smith
SET A44Y Volume 12227,P 326
Hoo Dinh Tran - STa ss+11.13 4
.'OFFSET 50..-0 L') 1Q 29-1995
inStr. No. D213'LEr3D8S 8E1 ADF! E=6695213;9 36 D.R.T.C;T.
O'6=26207.3` STA.54+61.15.
D.R.T.C.T. OFFSET 50,00•(L)
'N z 6952132.6
-- E=2354026,391- -
- - _ 'L1 PROP..R _
-EX. ROW Ex ROW,L3 1rti Ex.:ROW ..
EAST 3ROSEDALE STREET :4 ass �Q Frt
"(called VAR79BLE'ROW).
64100 65+00 66+00' 67'+00
———---}——
I '
' BOUkOARY DIN£ ..... •. .
cnrnNG R.aw.u+£ - Ai.PLAT OF�A SURVEY OF. - OF T
PROPOM R.a.W.DIN£ - .. PARCEL 30'.- - - ,SPA Gi STE-R.4- -
fmrvTY DIN£ �.. - FOR EAST ROSEDALE STREET - in eF' Fa Y�
sumEYUN£ RIGHT.OF.WAY CSJ 0902-48=453 ""' •. •.
—`-�--"—
0 -SA"iROx:RCD XT wm.YELLOW PiA.STC'GP STAMPED'A1G4'dEr A`9;689"SO:FT. [0.0388 AC.:].
MICHAEL CUZZO
_wpm emir'Rcw SET TRACT OF LAND 1N THE: E Pa 5693�e
P[aG..PANT 0I"COMFR'/x,NG P, AHLERS SUR.VEY.. ...._ -
Pas r Paxr OF e£axnwc - ABSTRACT:NUMBER. 33 UR'4
' CITY OF'FORT WORTH
9A4S Or N AL ZO'W 4202$GIF PLANE COOROMAT£SY4rE4.NAg0.7 .. -
NpiTNCEN]RAL2uK-c.zn1. TARRANT COUNTY,. T£XAS ..
DIE DISTANCES AMP COORaMIES 5ROM AN WWACE ANO MAY BE MAY 12. 2014- // (
i 1zrEO TO cxro eY Orvmwc BY rAOOr 4cuaN£O s^°,r rACrOR W .. - _ WCRAEL cuzzo.R. s.N.9693 06112/74
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No,31
R.O.W. CSJ: 0902-48-453
5021 EAST ROSEDALE STREET
LOT 2, O'BRIEN SUBDIVISION
CITY OF FORT WORTH,TARRANT COUNTY, TEXAS
EXHIBIT"A"
BEING a 1,139 square foot tract of land situated in the.P.Ahlers Survey,Abstract No. 33, City
of Fort Worth, Tarrant County,Texas and being a portion of that.certain tract of land as
conveyed to Mary Luanne Smith,by Deed, filed December 29, 1995,and recorded in.Volume
12227,Page 326 of the Deed Records of Tarrant County,Texas,being a portion of Lot 2 of
O'Brien Subdivision,an addition to the City of Fort Worth,Texas, according to the plat thereof
recorded in Volume 1652,Page 434 of the Deed Records of Tarrant County,Texas and being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod with yellow cap stamped"A.R.S." set for corner in the east
line of a tract of land conveyed to Nghia Thi Nguyen by deed recorded in Volume 14674, Page
479 of the Deed Records of Tarrant County, Texas, in the east line of Lot 4RA of O'Brien
Subdivision, an addition to the City of Fort Worth, Texas, according to the plat:thereof recorded
in Volume 388-103, Page 980 of the Plat Records of Tarrant County, Texas, in the west line of
said Lot.2, in the west line of said Smith tract and in the proposed north right-of--way line of East
Rosedale Street;
THENCE North 89°34'43" East, along said proposed north right-of-way, line of East Rosedale
Street, for a distance of 99.96 feet to a 5/8-,inch iron rod with yellow cap stamped "A..R.S. set
for corner in the west line of a tract of land conveyed to United Land Holdings, LTD. by deed
recorded in Document No. D205-183858 of the Deed Records of Tarrant County, Texas, in the
west line of Lot 1 of said O'Brien Subdivision (1652/434); in the east line of said Lot 2 and in
the east line of said Smith tract;
THENCE South 00°22'24" East, along the west line of said Lot,1, the west line of said United
Land Holdings,LTD. Tract, the east line of said Lot 2 and the east line of said Smith tract, for a
distance of 11.44 feet to a point for corner in the existing north right-of-way line of East
Rosedale Street and marking the southwest corner of said Lot 1, the southwest corner of said
United Land Holdings, LTD, tract,the sou_theast comer of said Lot 2 and the southeast corner of
said Smith tract;
THENCE South 89'38'18" West, along the existing north right-of-way line of,East Rosedale
Street,the south line of said Lot 2 and the south line of said Smith tract, for a distance of 100.00
feet to a point for comer marking the southeast corner of said Nguyen tract,the southeast corner
of said Lot 4RA,the southwest corner of said Lot 2 and the southwest corner of said Smith tract;
THENCE North 00 009'40" West, along the east line of said Lot 4RA, the east line of said
Nguyen tract, the west line of said Lot 2 and the west line of said Smith tract, for a distance of
11.34 feet to the POINT OF BEGINNING and containing 1,139 square feet or 0.0261 acres of
land,more or less.
Page 1 of 2
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 31
R:O.W. CSJ: 0902-48-453
5021 EAST ROSEDALE STREET
LOT 2, O'BRIEN SUBDIVISION
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS
EXHIBIT"A"
Basis of Bearings is Texas State Plane Coordinate System, NAD 83(2011), North.Central Zone
(4202).
Note:A plat of even survey date herewith accompanies this description.
I, Michael Cuzzo; a Registered Professional Land Surveyor, in the State of Texas,Hereby.certify
that the land description and plat represent an actual. survey made on the giq'ound under my
supervision.
� Wit:. r,\ ,'fir•. .F
��
...
,
Michael Cuzz .P.L.S. 05/1.2/14 V"1(:H1"EL 'UZZO
Texas Registration.No. 5693
J \_
ARS Engineers,Inc.
12801 N. Central Expressway
Suite 1250
Dallas,Texas 75243
Ph. 214-739-3152
I
Page 2 of 2
Extilbif 'B. :
P09e 1'`of 1" LINE BEARING DISTANCE
Ll 1 N 89'34'43"E' 99.96'
P. 'AHLER S `SUR`VE Y I L2 I S 00.22'24"E 11.44'
L3 S 8938']S"W TOOl00'
AB S TR`A C T. NO. 33 L4 N 0009'40 W 71—.34•
Cl TY OF
FORT WORTH.:
P:o.ra. Lot'2
31
0'8'rien Subdivision
Lot 4RA V 1652 P. 434 c
Q'Brien Subdi"visidei P.R.T.C.T. \A�40 C3 cRAPMC SCALE
o O .
EAST ROSEOALE STREET V, '388-103.:.P. 980 " -. ' " Z cb�N~" O•' 12.5. 25• so•
P.R.T.C.L r ti� ah �ti
Nghia Thi Nguyen {C* "O 10 p
Vol, 14674,'Pg. 479 �Q�h O
12-•27-2000
DR.T.C.T. c ^,�C `. Jc sET-AD-
��ry�. STA..67+11.09(
NFFS 695213 68L�
7:,69521 b{�"� �/ ;1� .. E= 2354275.324
- - h Q -
..f3
L
0Q"(L) .�O - O'Brien Subdivision
33.355V. 1652, P:'.'434 76.368 '
-P:R.T.C:T. '
.. :.,.L1- PROP.-ROW-
r
. Ex"ROW
Ex. ROW EX:ROlY
T
EAST RQS�DALE STREET§, 1 13s s FT
�cd0e6VARIAB_LE ROUE
65+00 66+00 67+00 88+00 68+73 43PC 69
1 SMS RaWOY WTERRK
—.
' BOHNO'ARY llRE
ENSnve R.O.W.lWE A FLA T OF A SURVEY OF - 01
nRavasmRO;,v,L PARCEL 31 tip GiS'iE� f
PROPERTY LIRE FOR EAST R'OSEDALE.STREET
w,vi LIRE
RIGHT OF WAY CSJ 0902-48-453 "
— --ffc ° — i MI HA L CUZZ'0
0 .-S/W 6R RmD r WM IELUOW PLASM GAP STMIPEG'A11,Si SET A. 4,139�SQ..FT. [0.:0261 AC.] .: .� .,... ....._-
.iO.CATTE7 ROH�R00 scr .TRACT'OF-LANE) IN THE. .` 'P�56.93�7`4� :.
v.ac.Padi'or LwacHarrO - P.'.AHLERS--SURVEY
ABSTRACT NUMBER 33. SUR`i
P..0.9..POWT 9F'BECINNWC - .
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RLWTM CRITRAL 23W(4=)L - 'JARRANT COUNTY, TEXAS' T
rtuvsTAsuOCOaRVaaTESSaw .wrsnRFLCE wOU+YeE MAY 12, 2014 r
1.00.z1E0 m GRID BY My WC eY Ta00T CW9WE0 SCALE PACMR OF
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/9/2014 - Resolution No. 4389-12-2014
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, December 02, 2014 REFERENCE NO.: L-15737
LOG NAME: 20ROWE-6850-P.31, P.30
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain for a Right-of-Way Easement in 0.0261
Acres of Land Owned by Mary Luanne Smith Located at 5021 East Rosedale Street and 0.0388 Acres of
Land Owned by Nghia Thi Nguyen and Mary Luanne Smith Located at 5013 Rosedale Street for Right-of-
Way for the East Rosedale Street, Miller Avenue to Stalcup Road Project (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare the necessity to acquire the right-of-way easement for the East Rosedale Street, Miller Avenue
to Stalcup Road project;
2. Declare that negotiations between the City and the landowner to acquire a right-of-way easement in
0.0261 acres of land for road improvements on property owned by Mary Luanne Smith located at 5021
East Rosedale Street, Fort Worth, Texas, were unsuccessful due to an inability to locate the property
owner and unresolved title issues and 0.0388 Acres of land owned by Nghia Thi Nguyen and Mary
Luanne Smith located at 5013 Rosedale Street due to unresolved title issues;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the
property for the public use of inclusion in the East Rosedale Street, Miller Avenue to Stalcup Road project;
4. Authorize the City Attorney to institute condemnation by eminent-domain proceedings to acquire the
described easement interest in the property;
5. Authorize payment pursuant to an award of commissioners or a negotiated settlement; and
6. Authorize the City Manager or his designee to accept and record appropriate instruments.
DISCUSSION:
The land rights in the subject property are needed in order to construct the necessary improvements
which include adding medians, sidewalks and other pedestrian amenities to reconstruct East Rosedale
Street from Miller to Stalcup Road. The improvements will be needed to reconstruct East Rosedale Street
from Miller to Stalcup Road.
An independent appraisal established fair market value for the taking as $3,725.00 for Parcel 31 and
$5,675.00 for Parcel 30. Upon approval, a Special Commissioners' hearing will be brought to condemn
and acquire the right of way easement for each property. The mineral estate will not be acquired. The
judgments will contain surface waivers for the exploration of the mineral estate. Upon City Council
Logname: 20ROWE-6850-P.31, P.30 Page 1 of 2
approval, Staff will proceed with acquiring the needed right of way easements for the properties as shown
below. Funds are available in the 2004 Capital Improvement Fund.
Parcel Address Legal Description Type of Taking/Acres
No.
31 5021 East Rosedale Lot 2, O'Brien Right-of-Way
Street Subdivision Easement/0.0261
30 5013 East Rosedale Lot 4Ra O'Brien Right-of-Way Easement/
Street Subdivision 0.0388
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
0.0261 acres of land for a right-of-way easement from Mary Luanne Smith and 0.0388 acres of land for a
right-of-way easement from Nghia Thi Nguyen and Mary Luanne Smith needed for the improvements to
East Rosedale Street. The right-of-way easements to be acquired are describ d by metes and bounds
and depicted by survey exhibits attached to this Mayor and Council Communication (M&C). The tracts of
land are located in Lots 2 and 4Ra, O'Brien Subdivision, Tarrant County, Texas, also known as 5021 and
5013 East Rosedale Street. The land rights will be used for the East Rosedale Street Improvement
Project. The first record vote applies to both parcels to be condemned. The City Secretary is directed to
reflect that the first record vote applies to both parcels.
This property is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION /CERTIFICATION:
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, of the
Street Improvements Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 541100 202530189541 $0.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Leo Sumner (6349)
Logname: 20ROWE-6850-P.31, P.30 Page 2 of 2