HomeMy WebLinkAboutResolution 4390-12-2014 A Resolution
NO. 4390-12-2014
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-15740, ordered and
decreed that a public necessity existed for the acquisition of 0.0112 acres from a tract located at 4313
East Rosedale and 0.0106 acres from a tract located at 4317 East Rosedale more particularly 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 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 & 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 adopt the resolution authorizing the use of the power of
eminent domain to acquire 0.0112 acres of land for a right of way easement from owner 271 Crowley
Trust, and 0.0106 acres of land for a right of way easement from owner 4937 Ramey Trust, 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.
The tracts of land are located in Lot G, H. H. Bradford Subdivision and Lot 3A, Block 4, Murray Hill
Addition, Tarrant County, Texas, also known as 4313 and 4317 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, and the City Secretary is directed to have the minutes reflect that the first
record vote applies to both parcels. I also move that we amend the resolution attached to this M&C to
reflect today's date.
ORTWORT
Resolution No.4390-12-2014
Seconded by Councilmember Sal Espino, duly put and carried:RESOLUTION.
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 and 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 9t'day of December, 2014.
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ORTWORT
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No.9
R.O,W.CSJ: 0902-48-453
4313 EAST ROSEDALE STREET
LOT G,H.H. BRADFORD SUBDIVISION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT"A"
BEING a 486 square foot tract of land situated in the J. Purvis Survey,Abstract No. 1228, City
of Fort Worth,Tarrant County,Texas and being a portion of that certain tract of land as
conveyed to 271 Crowley Trust,by Deed,filed June 19,2013, and recorded in Document No.
213158265 of the Deed Records of Tarrant County,Texas, being a portion of Lot G of H.H.
Bradford Subdivision,an addition to the City of Fort Worth,Texas,according to the plat thereof
recorded in Volume 1949,Page 290 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 Enrique Rodriguez by deed recorded in Volume 15247, Page
441 of the Deed Records of Tarrant County, Texas, in the east line of Lot F of said H. H.
Bradford Subdivision, in the west line of said 271 Crowley Trust tract, in the west line of said
Lot G and in the proposed north right-of-way line of East Rosedale Street;
THENCE North 89°3443" East, along said proposed north right-of-way line of East Rosedale
Street, for a distance of 58.50 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 4937 Ramey Trust by deed recorded in
Document No, D210218965 of the Deed Records of Tarrant County, Texas, in the west line of
Lot 3, Block 4 of Murray Hill Addition, an addition to the City of Fort Worth, Texas, according i
to the plat thereof recorded in Volume 63, Page 117 of the Plat Records of Tarrant County,
Texas,in the east line of said Lot G and in the east line of said 271 Crowley Trust tract;
THENCE South 00°48'34" East, along the west line of said 4937 Ramey Trust tract, the west
line of said Lot 3,the east line of said Lot G and the east line of said 271 Crowley Trust tract,for
a distance of 8.50 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 4937 Ramey Trust tract,the southwest
corner of said Lot 3, the southeast corner of said Lot G and the southeast corner of said 271
Crowley Trust tract;
THENCE South 89°56'26" West, along the existing north right-of way line of East Rosedale
Street, the south line of said Lot G and the south line of said 271 Crowley Trust t=act, for a
distance of 58.50 feet to a point for corner marking the southeast corner of said Rodriguez tract,
the southeast comer of said Lot F,the southwest corner of said Lot G and the southwest comer j
of said 271 Crowley Trust tract;
THENCE North 00°48'34"West,along the east line of said Rodriguez tract,the east line of said
Lot F, the west line of said Lot G, and the west line of said 271 Crowley Trust tract, for a
distance of 8.13 feet to the POINT OF BEGINNING and containing 486 square feet or 0.0112
acres of land,more or less.
Page l of 2
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 9
R.O.W. CSJ: 0902-48-453
4313 EAST ROSEDALE STREET
LOT G,H.H. BRADFORD 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.
1, Dustin D. Davison, 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 ground under my
supervision.
Dustin D.Davison,R.P.L.S. 05/09/14 ................... •-
Texas Registration No, 6451 t OUSTI C. GA iISC�I >
12801 N. Central Expressway = _ 5 U R� ',
Suite 1250 l
Dallas,Texas 75243
Ph.214-739-3152
Page 2 of 2
Exhibit "B"
Page 1 of I
J. PURVIS -SURVEY 4937 Ramey Trust
ABSTRACT NO- 1228 r—C10 Cynthia Reoms Trustee
Instr, No. D210218965 N
CITY OF (39-07-2010
j ca
CAST ROSEDALE STREET
V) STA 27+22.15
OFFSET 50.00' jr�TA 27+11.0
Ll
EAST ROSEDALE ST
(coiled VARIABLE RO,�EET 486 SQFl.
25+00 26+OC 27+OD 28+00 29+00
BOUNDARY LNE OF
PROPERTY IINE FOR EAST ROSEDALE STREET L2 S 00'45'34'E 6.50 co.
S,.,.wY LINE RIGHT OF WAY CSJ 0902-48-453 L3 S 89,56,28"IV 58 50'
L4 IN 00'46'34'W -t- DUSTIN D. DAVISON
AO CAPPEO WON RCO SET TRACT OF LAND IN THE
P.O.. POINT OF COM�CWC J. PURVIS SURVEY
P.O.B.-PO,'Nr OF BEOWNC ABSTRACT NUMBER 122B
NORTH CONTRAL ZaNC(4202;. TARRANT COUNTY, TEXAS
AU DiSTANCEr AND I=ROWAICS SHOM ARE"FA�ANC-Y BE MAY 9, 2014
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 10
R.O.W.CSJ: 0902-48-453
4317 EAST ROSEDALE STREET
LOT 3,BLOCK 4,MURRAY HILL ADDITION
CITY OF FORT WORTH,TARRANT COUNTY, TEXAS
EXHIBIT"A"
BEING a 460 square foot tract of land situated in the J.Purvis Survey,Abstract No. 1228,City
of Fort Worth,Tarrant County,Texas and being a portion of that certain tract of land as
conveyed to 4937 Ramey Trust,by Deed,filed September 7,2010,and recorded in Document
No.210218965 of the Deed Records of Tarrant County,Texas, being a portion of Lot 3,Block 4
of Murray Hill Addition,an addition to the City of Fort Worth,Texas,according to the plat
thereof recorded in Volume 63,Page 117 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"for corner in the east line
of a tract of land conveyed to 271 Crowley Trust by deed recorded in Document No.213158265
of the Deed Records of Tarrant County, Texas, in the east line of Lot G of H. R. Bradford
Subdivision, an addition to the City of Fort Worth,Texas, according to the plat thereof recorded
in Volume 1949, Page 290 of the Deed Records of Tarrant County, Texas, in the west line of
said 4937 Ramey Trust tract, in the west line of said Lot 3 and in the proposed north right-of-
way line of East Rosedale Street;
THENCE North 89 034'43" East, along said proposed north right-of-way line of East Rosedale
Street, for a distance of 53.11 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 Rodell Gee, Sr. and Clara Bell Gee by
deed recorded in Volume 14156, Page 135 of the Deed Records of Tarrant County, Texas and in
the east line of said 4937 Ramey Trust tract;
THENCE South 00 003'34"East, along the west line of said Gee tract and the east line of said
4937 Ramey Trust tract, for a distance of 8.83 feet to a point for corner in the south line of said
Lot 3 and in the existing north right-of-way line of East Rosedale Street and marking the
southwest corner of said Gee tract and the southeast corner of said 4937 Ramey Trust tract;
THENCE South 89°56'26" West, along the existing north right-of-way line of East Rosedale
Street and the south line of said Gee tract, for a distance of 53.00 feet to a point for corner
marking the southeast corner of said 271 Crowley Trust tract, the southeast corner of said Lot G,
the southwest comer of said Lot 3 and the southwest corner of said 4937 Ramey Trust tract;
THENCE North 00 04834" West, along the east line of said 271 Crowley Trust tract, the east
line of said Lot G,the west line of said Lot 3,and the west line of said 4937 Ramey Trust tract,
for a distance of 8.50 feet to the POINT OF BEGINNING and containing 460 square feet or
0.0106 acres of land,more or less.
Basis of Bearings is Texas State Plane Coordinate System,NAD 83(2011),North Central Zone
(4202).
Page 1 of 2
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 10
R.O.W. CSJ: 0902-48-453
4317 EAST ROSEDALE STREET
LOT 3,BLOCK 4,MURRAY HILL ADDITION
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
EXHIBIT"A"
Note:A plat of even survey date herewith accompanies this description.
I, Dustin D. Davison, 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 ground under my
supervision.
Dustin D.Davison, R.P.L.S. 05/09/14 ... ... ...... ...
Texas Registration No. 6451 DUSTIN ..•DAVI5aV
• 6 4 51 ,w'ct-
ARS Engineers, Inc,
12801 N. Central Expressway ~ 4 S U R
Suite 1250
Dallas,Texas 75243
Ph.214-739-3152
Page 2 of 2
Exhibit "B"
Page 1 of 1
J. PURVIS SURVEY
ABSTRACT NO. 1228
271 Crowley Trust Lot 3, Block 4 N
Instr. No. D273755265 CITY OF Murrayy Hill Addition
A-1228 06-19-2013 FORT NORTH V.B3, P.117
P-0.8. D.R.T.C.T. PRTCT
10 Tract 1
Rodell Gee, Sr. Etuz a,�D SCALE
mClara Bell Gee C
EAST ROSEDALE STREET W LO I Volume 14156, Pg. 135
y 12-06-1999
z~00 D.R.T.C.T.
ti moo
Eo"�
Lot G NNNU
Eceo I r�
H. H. Bradford o n 3
Subdivision
P.O.B. V-1949, P.290 c. z ° SET AD'• W
D.R.T.C.T. n SYA. z6+33.7s L o
SET AD"' 03 �+'`. OFFSET 50.00'(L} Q w
STA. 27+80.65 �'U y PROP. ROW N= 6952106,1$0 t,
OFFSET 50.00' (L) Q C E= 2350349.102 � m
N= 6952105.789
E— 2350345.991 U (7
L1
112-irf Ex. ROW L3 Ex ROW
EAST ROSEDALE STREET Aso SQ.FT.
(called VARIABLE ROW)
26+00 27+00 —- 28+00 -—�—- 29+00 30+00
—-—-—-
EE1PG ROAPPAY
SOIAmARY LWE
EOSW Rawk UNE A PLAT OF A SURVEY OF .-°F -.rF .
ROW PARCEL 10 LINE eEA[eNC aLS ANCE ��� 1 £RFO9
ER^"-'''E 1{-- FOR EAST ROSEDALE STREET u N 89'34'43"E s3.v• -,-:--.,,-...............'
LW RIGHT OF WAY CSJ 0902-48-453 L2 s oo'aa34 E 6.53' DUSTIN D. DAMSO
—"- -��---- 13 S 69'56'26 W 53.00'
0-:6W"RDO SET MIN YEILOW PLASTIC CAP 5TAPED'A.R.s'SET A 460 SQ.FT. [0.0106 AC.] La N OD-46'34"w
AD-CAPPED OMN Rao 5Er TRACT OF LAND 1N THE ':AO 6,51p�,P��
PAC-PWrcrWkR CIRC J.L. PURVIS SURVEY SURA
P.C.-PONT a SECNRRAP ABSTRACT NUMBER 1228
AAR a r> IS TEMAS STATE WARE mmmNATE SYSTEM.runes, CITY T FORT WORTH
cE"'"'"`n"E<,�azi TARRANT COUNTY, TEXAS
mw UWAWES AND Tm mm=5 9r Wes" 6 aYY T""or comakm�SCALE r�ci4�oa MAY 9, 2014
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City of Fort Worth, Texas
Mayor and Council Communication
Approved on 12/9/2014 - Resolution No ,190-12-2014
6A, I E: Tuesday, December 09, 2014 REFERENCE NO.: L-15740
LOG NAME: 20ROWE-6850-09-10-CONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.0112 Acres of Land from
Property Located at 4313 East Rosedale Street Owned by 271 Crowley Trust and 0.0106 Acres of Land
from Property Located at 4317 East Rosedale Street Owned by 4937 Ramey Trust for Two Right-of-Way
Easements to be Used as Right-of-Way for the East Rosedale Street, Miller Avenue to Stalcup Road
Improvement Project (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the landowners to acquire two right-of-way easements
were unsuccessful due to the inability to obtain clear title for the needed property interests.
2. Declare the necessity to acquire the right-of-way easements on 0.0112 acres of land owned by 271
Crowley Trust located at 4313 East Rosedale Street, and 0.0106 acres of land owned by 4937 Ramey
Trust located at 4317 East Rosedale Street, Fort Worth, Texas, for road improvements on the properties
for the East Rosedale Street, Miller Avenue to Stalcup Road Project;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the
property for the public use and inclusion in the East Rosedale Street, Miller Avenue to Stalcup Road
project;
4. Authorize the City Attorney to institute condemnation proceedings to acquire the described right-of-way
easements from the properties;
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 properties are needed in order to construct necessary improvements which
include widening the roadway, adding medians, sidewalks and other pedestrian amenities and to
reconstruct East Rosedale Street from Miller Avenue to Stalcup Road.
An independent appraisal established fair market value for the takings as $1,950.00 and $1,850.00,
respectively, for a total of$3,800.00. Upon approval, a Special Commissioners' hearing will be brought to
condemn and acquire the right-of-way easements from the properties. 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 right-of-way easements from the properties
Logname: 20ROWE-6850-09-10-CONDEMN Page 1 of 2
as shown below. Funds are available in the 2004 Bond Program of the Street Improvements Fund.
Parcel Address Legal Description T
N 9 p Type of Taking/Acres
No.
09 4313 East Rosedale Lot G, H H Bradford Right-of-Way
Street Subdivision Easement/0.0112
10 4317 East Rosedale Lot 3A, Block 4 Murray Hill Right-of-Way
Street Addition Easement/0.0106
Total/ 0.0218
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 adopt the resolution authorizing the use of the power of eminent
domain to acquire 0.0112 acres of land for a right-of-way easement from owner 271 Crowley Trust, and
0.0106 acres of land for a right-of-way easement from owner 4937 Ramey Trust, 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.
The tracts of land are located in Lot G, H. H. Bradford Subdivision and Lot 3A, Block 4, Murray Hill
Addition, Tarrant County, Texas, also known as 4313 and 4317 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 are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
FUND CENTERS:
TO Fund/AccounVC enters FROM Fund/AccounVCenters
C200 541100 202530189541 0.0
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Cloyde Jordan (2388)
Logname: 20ROWE-5850-09-10-CONDEMN Page 2 of 2