HomeMy WebLinkAboutResolution 4391-12-2014 A Resolution
NO. 4391-12-2014
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-15741, ordered and
decreed that a public necessity existed for the acquisition of 0.0284 acres from a tract located at 4726
East Rosedale and 0.0131 acres from a tract located at 4728 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 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 adopt the resolution authorizing the use of the power of
eminent domain to acquire 0.0284 acres of land and 0.0131 acres of land for right-of-way easements
from Jorge Anthony Ramirez, 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 3, Block 6 East Rosedale
Heights Addition and Lot 1, George Wilborn Subdivision, Tarrant County, Texas, also known as 4726
and 4728 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.
on WORT
Resolution No.4391-12-2014
Seconded by Councilmember Dennis Shingleton, 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 9th day of December, 2014.
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FFoRTWORTH
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 76
R.O.W. CSJ: 0902-48-453
4726 EAST ROSEDALE STREET
LOT 3, BLOCK 6,EAST ROSEDALE HEIGHTS
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
EXHIBIT"A"
BEING a 1,238 square foot tract of land situated in the G. Coonrod Survey,Abstract No.291,
City of Fort Worth, Tarrant County, Texas and being a portion of that certain tract of land as
conveyed to Jorge Anthony Ramirez,by Deed,filed August 2,2007, and recorded in Document
No. D207271029 of the Deed Records of Tarrant County,Texas,being a portion of Lot 3,Block
6 of East Rosedale Heights,an addition to the City of Fort Worth, Texas, according to the plat
thereof recorded in Volume 388-F,Page 149 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 west
line of a tract of land conveyed to Jorge Anthony Ramirez by deed recorded in Document No.
D207271029 of the Deed Records of Tarrant County, Texas, in the west line of Lot 1 of George
Wilborn Subdivision, an addition to the City of Fort Worth, Texas, according to the plat thereof
recorded in Volume 388-D, Page 129 of the Plat Records of Tarrant County, Texas, in the east
line of said Lot 3, in the east line of said Ramirez tract and in the proposed south right-of-way
line of East Rosedale Street;
THENCE South 89°34'43" West, along the proposed south right-of-way line of East Rosedale
Street, for a distance of 110.00 feet to a 5/8-inch iron rod with yellow cap stamped"A.R.S." set
for comer in the east line of said Lot 3 and in the west line of said Ramirez tract and marking the
intersection of the existing east right-of-way line of Lindsey Street(called 50 foot right-of-way)
and the proposed south right-of-way line of East Rosedale Street;
THENCE North 00'22'16"West, along the west line of said Lot 3,the west line of said Ramirez
tract and the existing east right-of-way line of Lindsey Street, for a distance of 11.56 feet to a
1/2-inch iron rod found for corner marking the northwest corner of said Lot 3, the northwest
corner of said Ramirez tract and the intersection of the existing east right-of-way line of Lindsey
Street and the existing south right-of-way line of East Rosedale Street;
THENCE North 89°58'23" East, along said existing south right-of-way line of East Rosedale
Street, the north line of said Lot 3 and the north line of said Ramirez tract, for a distance of
110.00 feet to a point for corner marking the northwest corner of said Lot 1,the northwest corner
of said Ramirez tract (Lot 1), the northeast comer of said Lot 3 and the northeast corner of said
Ramirez tract(Lot 3);
THENCE South 00°06'21" East, along the west line of said Lot 1, the west line of said Ramirez
tract (Lot 1), the east line of said Lot 3 and the east line of said Ramirez tract (Lot 3), for a
distance of 10.95 feet to the POINT OF BEGINNING and containing 1,238 square feet or 0.0284
acres of land,more or less.
Page 1 of 2
EAST ROSEDALE S'T'REET IMPROVEMENTS
PARCEL No. 76
R.O.W. CSJ: 0902-48-453
4726 EAST ROSEDALE STREET
LOT 3,BLOCK 6, EAST ROSEDALE HEIGHTS
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, 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 ground under my
supervision.
Michael Cuzz ,R.P.L.S. 05/14/14 ....... .... ..
Texas Registration No. 5693 VICHAEI GJZZ O
�F Cl
4� Fcc ,J
ARS Engineers,Inc. •v`;••..-.-..• �-+
12801 N. Central Expressway S �
Suite 1250
Dallas,Texas 75243
Ph. 214-739-3152
Page 2 of 2
Exhibit "B"
EAST ROSEDA E STREET Pogo 1 Of 1
G. COONROD SURVEY
ABSTRACT NO. 291
76 P.0.S. LINE BEARING DISTANCE N
w L1 S 89.34'43" W 110.00'
A-24 CITY OF L2 N 00'06'21" w t l ss
FORT WORTH L3 N 89'5823" E 110.00'
a
14 5 00.06'21 E 10.70'
z
CRAPHC SCAlE
30'
47+00 j 48+'00 X49ff SET AD-
_ 1 __�__ _ __-----� STA. 48+76.81 ---
-t—— —i 1 OFFSET 50.00'(R
N : 6952021.204
E e 2352442.831
EAS1; ROSEDALE STREE
1,238
Q.FT. 1 (c�Hed VARIABLE ROW) r 2" Irf r———————
1/2" irf L3 Ex. ROW DNF
Lot 5 Block 5 rI-- _ 1/2" iFf
East Rosedale Heights Ll PROP. ROW p)
V. 388—F, P. 149 i
P.R.T.C.T. i SET AD- °�^Q
STA 47+66.61
OFFSET 50.00'(R)
2t�� Q
Lu C 6952020.385 ^
O A\.
0Ls, lxJ 3 i E= 2352332.832��'�,� �<) Nv.
C'`iv'N"' w 6 x9 ('Z pf V QC
E 4V
oc°gyp'�1 Lu a i�4 Q oc�qA
etc {. og QF-' Q`b `l. �• � .,y,,ry
x i Pc o pE��`C 1 o Fa A
vc
Ke
E?aMG RDAOWAY WTMR
BODHDARY Lw
EmnNC R.O.W.IAIE A PLAT OF A SURVEY OF �F"•'OF'ttiiTF
PROPOSED PA. �P'(VGI�e'r�(`•
PARCEL 76 n;� o•,
PAOPERIY iWE �— FOR EAST ROSEDALE STREET
..:..................:...
SORW ORE ____>¢____— RIGHT OF WAY CSJ 0902-48-453 MICHAEL CUZZO
p.37B•WON ROD SET WN WUON FLA W CAP STAMPED'ABS'SET A 1,238 SQ.FT. 0.0284 AC. •-'�• •••693
•..♦••."••.
AD DAPPED LRDN ROD BET 1 �'•:..
TRACT OF LAND IN THE yea CSS\o -Q)
P.O.C..pmr OF COMMEN4WG G. COONROD SURVEY
P.D.B.-PONr DT sEOHN ABSTRACT NUMBER 291
BASS�BEARINGS 5 WMS STAGE PLANE COORDWATE STSRM.WB3, CITY OF FORT WORTH T /I
NORTH CENTRAL.ZOE(420E) TARRANT COUNTY, TEXAS (714,y
ALL WSTANUS AHD 0000WATES 900 ARE SURFACE AM NAY BE MAY 14, 2014 W LY) FLIES N.sew 03/14/t4
CD WM ND TD GM BY OIWT M BY 1007 CWMWO SCALE FACTOR OF
I.OD014.
Lot: 76 Block: S, Type: LOT
PNT# Bearing Distance Northing Easting Station Offset
1280 6952021.204 2352442. 831 4876. 81 50.00
S 89 034 ' 43" W 110. 00
1281 6952020.395 2352332. 832 4766. 81 50. 00
N 00 006'21" W 11.56
1282 6952031. 954 2352332.811 4766. 87 38.44
S 89 058123" E 110.00
1283 6952031. 902 2352442. 811 4876.87 39.30
S 00 006'21" E 10. 70
1280 6952021.204 2352442. 831 4876. 81 50. 00
Closure Error Distance> 0. 0000
Total Distance> 242.26
Area: 1224 Sq. Feet, 0. 0281 Acres
Page 72 of 107
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 77
R.O.W. CSJ. 0902-48-453
4728 EAST ROSEDALE STREET
LOT 1, GEORGE WILBORN SUBDIVISION
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS
EXHIBIT"A"
BEING a 569 square foot tract of land situated in the G. Coonrod Survey,Abstract No. 291,City
of Fort Worth, Tarrant County, Texas and being a portion of that certain tract of land as
conveyed to Jorge Anthony Ramirez, by Deed,filed August 2,2007,and recorded in Document
No. D207271029 of the Deed Records of Tarrant County, Texas,being a portion of Lot 1 of
George Wilborn Subdivision,an addition to the City of Fort Worth,Texas, according to the plat
thereof recorded in Volume 388-D, Page 129 of the PIat 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 west
line of a tract of land conveyed to Gloria Totty by deed recorded in Volume 11959, Page 1252 of
the Deed Records of Tarrant County, Texas, in the west line of Lot 2 of said George Wilbom
Subdivision, in the east line of said Lot 1, in the east line of said Ramirez tract and in the
proposed south right-of-way line of East Rosedale Street;
THENCE South 89°34'43" West, along the proposed south right-of-way line of East Rosedale
Street, for a distance of 54.24 feet to a 5/8-inch iron rod with yellow cap stamped "A.R.S." set
for comer in the east line of Lot 3, Block 6 of East Rosedale Heights, an addition to the City of
Fort Worth, Texas, according to the plat thereof recorded in Volume 388-F, Page 149 of the
Deed Records of Tarrant County, Texas, in the east line of a tract of land conveyed to Jorge
Anthony Ramirez by deed recorded in Document No. D207271029 of the Deed Records of
Tarrant County, Texas, in the west line of said Lot 1 and in the west line of said Ramirez tract
(Lot 1);
THENCE North 00°06'21" West, along the east line of said Lot 3, the east line of said Ramirez
tract (Lot 3), the west line of said Lot 1 and the west line of said Ramirez tract (Lot 1), for a
distance of 10.70 feet to a point for comer in the proposed south right-of-way line of East
Rosedale Street and marking the northeast corner of said Lot 3, the northeast comer of said
Ramirez tract (Lot 3), the northwest corner of said Lot 1 and the northwest corner of said
Ramirez tract(Lot 1);
THENCE South 89°58'30" East, along said existing south right-of-way line of East Rosedale
Street,the north line of said Lot 1 and the north line of said Ramirez tract (Lot 1), for a distance
of 54.25 feet to a 1/2-inch iron rod found for comer marking the northwest corner of said Lot 2,
the northwest comer of said Totty tract, the northeast corner of said Lot 1 and the northeast
corner of said Ramirez tract(Lot 1);
THENCE South 00°04'25" East, along the west line of said Lot 2, the west line of said Totty
tract, the east line of said Lot 1 and the east line of said Ramirez tract (Lot 1), for a distance of
10.28 feet to the POINT OF BEGINNING and containing 569 square feet or 0.0131 acres of
land,more or less.
Page 1 of 2
i
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 77
R.O.W. CSJ: 0902-48-453
4728 EAST ROSEDALE STREET
LOT 1, GEORGE WILBORN 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, 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 ground under my
supervision.
Michael Cuziff, R.P.L.S. 05/14/14
Texas Registration No. 5693 V11CHAEL ,,.,ZZO
ARS Engineers,Inc.
12801 N.Central Expressway
Suite 1250
Dallas,Texas 75243
Ph, 214-739-3152
Page 2 of 2
I
Exhibit "B°
EAST ROSEDALE STREET Page 1 of 7
G. COONROQ SURVEY
NG
7 Pog ABSTRACT NO. 291 L'NE B 8934'43' W DISTANC
_C2__N 00'0621" W 10.70' N
h CITY OF F3--S 89'58'30" E 54.25'
FORT WORTH L4 S 00.04"25° E 1C_28'
I GgAPpC SCALE
48g100 49+00 O' 12.5' 25' 90'
rt
--�-----�-- � '-------{-----�'—$----
SET A. 49+31.05
OFFSET 50.00'(R
EAST ROSEDALE STREET N fi952021.6b�
E= 2352497.074
569E 7SETAD-- (called VARIABLE ROW)
x. ROW L31/2" irf A r DNF 1 112' irf
1/2" it 1
n: o ^N 112" irf
PROP. Row `v 0
y °°.S"Q~6R) ��` c;Q,ti
F— E I N = 6952027.204 v 1ry0 m�
N I E= 2352442.831
fX w 1 ti v°0�c 2G•N �.
a E 1 p A�. 0 A
° ,ry . of �
ev
LL, Ln
g i T oc�p^Vpp�. ocry�c� o
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00i O7
C5 LO
�SMG 9WHOA
ROADWAY WTERNAL
BOl/NOMY IINE
Em .R.O.W.4NE
PROPOSED R.O.W.LWE A PLAT OF A SURVEY OF ��E,`�T. l
PROPERTr04E PARCEL 77 �:r,G ,&Rt f9
FOR EAST ROSEDALE STREET L''� °''J'
SURVEY[INE ..'..................:...
-- �'— — RIGHT OF WAY CSJ 0902-48-453 MICHAEL CUZZO
e -S/R'WaR Rao SEr NRf YELLOW P ASR=CAP STANPEO'A.RS'SET A 569 SQ.FT. [0.0131 AC.] " """"" "
cAP�o R�Nm SET TRACT OF LAND 1N THE 9•?0 5693
P.OG.P �
avr of coMNEnrmc G. COONROD SURVEY
P.D.B.-POINT OF BEGNWWO ABSTRACT NUMBER 291
SUR�F
SAW OF BEARINCS M LEAS STATE PUNS MO RATE SYSTEM.MAMA
WRN— (4202) CITY OF FORT WORTH
KI ME(4202)
ALL A'SIAMMS MD COWWATES SRCIWt ARE SURFACE ANO NAY BE TARRANT COUNTY, TEXAS
CORI TED TO CM BY Ml1O4VC BY A007 CONBLNEO SCALE FACTOR Or M
,.BRwz. MAY 14, 2014 ARCHAE.c0aG1.S saa os/ti/t4
Lot: 77 Block: S, Type: LOT
PNT# Bearing Distance Northing Easting Station Offset
1284 6952021. 602 2352497 . 074 4931. 05 50. 00
S 89 034143" W 54.24
1280 6952021.204 2352442. 831 4876. 81 50. 00
N 00006121" W 10. 70
1283 6952031. 902 2352442. 811 4876. 87 39. 30
S 89 058123" E 54. 08
1285 6952031. 877 2352496.894 4930. 95 39. 72
N 89 026135" E 0. 17
1286 6952031. 878 2352497. 061 4931. 12 39. 72
S 00 004125" E 10.28
1284 6952021. 602 2352497 . 074 4931. 05 50. 00
Closure Error Distance> 0. 0000
Total Distance> 129.47
Area: 569 Sq. Feet, 0. 0131 Acres
Page 73 of 107
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/9/2014 - Resolution No. 4391-12-2014
DATE: Tuesday, December 09, 2014 REFERENCE NO.: L-15741
LOG NAME: 20ROWE-6850-RAMIREZ-76-77-CONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.0284 Acres and 0.0131
Acres for Two Right-of-Way Easements Totaling 0.0415 Acres from Land Owned by Jorge Anthony
Ramirez and Located at 4726 and 4728 East Rosedale Street 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 the necessity to acquire the right-of-way easements for the East Rosedale Street, Miller
Avenue to Stalcup Road project;
2. Declare that negotiations between the City and the landowner to acquire two right-of-way easements on
a total of 0.0415 acres of land for road improvements on properties owned by Jorge Anthony Ramirez
located at 4726 and 4728 East Rosedale Street, Fort Worth, Texas, were unsuccessful due to the inability
to agree on compensation for the needed property interests;
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 property are needed in order to construct the necessary improvements
which include widening the right-of-way, adding medians, sidewalks and other pedestrian amenities to
reconstruct East Rosedale Street from Miller Avenue to Stalcup Road. The improvements will be needed
to reconstruct East Rosedale Street from Miller Avenue to Stalcup Road.
An independent appraisal established fair market value for the taking as $5,500.00. 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 as shown below. Funds are available in the 2004 Bond
Logname: 20ROWE-6850-RAMIREZ-76-77-CONDEMN Pagel of 2
Program of the Street Improvements Fund.
Parcel Address Legal Description No. p Type of Taking/Acres
„
76 4726 East Rosedale Lot 3, Block 6 East Rosedale Right-of-Way
Street Heights Easement/0.0284
77 4728 East Rosedale Lot 1, George Wilborn Right-of-Way
Street Subdivision Easement/0.0131
Total/0.0415
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 0.0284 acres of land and 0.0131 acres of land for right-of-way easements from Jorge
Anthony Ramirez, 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 3, Block 6 East Rosedale Heights
Addition and Lot 1, George Wilborn Subdivision, Tarrant County, Texas, also known as 4726 and 4728
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 INFORI:"ATION /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/AccounVCenters FROM Fund/Account/Centers
C200 541100 202530189541 $0.00
CERTIFICATIONS:
Submitted for Cily Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Lexington Wright (6645)
Logname: 20ROWE-6850-RAMIREZ-76-77-CONDEMN Page 2 of 2