HomeMy WebLinkAboutResolution 4397-01-2015 A Resolution
NO. 4397-01-2015
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 January 6, 2015, in M&C L-15739 (Revised),
ordered and decreed that a public necessity existed for the acquisition of 0.057 acres from a tract located
west of the Shiver Road and North Beach Street intersection more particularly described in the exhibits
attached to the above-referenced M&C; those exhibits are incorporated herein for all purposes (the
iGPrOpey.");
WHEREAS,the Fort Worth City Council has determined that:
- the Property is needed for the North Beach Street from Vista Meadows Drive to Shiver Road
Project, a public project(the "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
- 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 6th day of January, 2015, at a regular meeting of the Fort Worth City
Council,upon Motion of Councilmember Danny Scarth,to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire 0.057 acres of land for a permanent drainage easement, located west of the Shiver
Road and North Beach Street intersection in Abstract 1611, Tract IE, Charles C. Whyte Survey, owned
by JDI Investors, L.P. The permanent drainage easement will be used to carry away storm water runoff
from North Beach Street which will be widened from a two-lane undivided, to a four-lane divided road
from Vista Meadows Drive to Shiver Road in North Fort Worth. The permanent drainage easement is
described by the metes and bounds, and survey attached to this Mayor and Council Communication.
Seconded by Councilmember Zim Zimmerman, duly put and carried: RESOLUTION.
FORTWbRU
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 6h day of January, 2015. pA, �O n�a
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By: ad*'00°o 00,0,
Mary K , City Se ary �aa� .cr
ORT WO T
NORTH BEACH STREET
VISTA MEADOWS DRIVE TO SOUTH OF SHIVER ROAD
CITY PROJECT No. 01292
PERMANENT DRAINAGE EASEMENT
C. C. WHYTE SURVEY,ABSTRACT No. 1611
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS
EXHIBIT "A"
Being a permanent drainage easement situated in the C. C. Whyte Survey, Abstract No. 1611,
City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land deeded to JDI
Investors, L.P. as recorded in County Clerk's File No. D201098095 of the Deed Records of
Tarrant County, Texas, said permanent drainage easement being more particularly described by
metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the
northeast comer of Lot 6R, Block A of Beach-North Tarrant Two Addition, an addition to the
City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 12424 of the Plat
Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA"
being in the south line of said tract of land deeded to JDI Investors, L.P., said 5/8 inch iron rod
with cap stamped "GORRONDONA" also being the intersection of the existing west right-of-
way line of North Beach Street (a variable width right-of-way) with the proposed west right-of-
way line of North Beach Street, from which a 5/8 inch iron rod with cap stamped "KHA" found
for the northwest comer of Lot 6, Block A of Beach-North Tarrant Two Addition, an addition to
the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 10837 of said Plat
Records of Tarrant County, Texas bears South 89 degrees 22 minutes 31 seconds West, a
distance of 292.36 feet, said 5/8 inch iron rod with cap stamped"KEA"being in the north line of
said Lot 6R; THENCE North 89 degrees 28 minutes 20 seconds East, with the south line of said
tract of land deeded to JDI Investors, L.P. and with the existing west right-of-way line of said
North Beach Street, a distance of 43.17 feet to a point for the southeast comer of said tract of
land deeded to JDI Investors, L.P.; THENCE North 00 degrees 39 minutes 20 seconds West,
with the east line of said tract of land deeded to JDI Investors, L.P. and with the existing west
right-of-way line of said North Beach Street, a distance of 639.15 feet to a 1/2 inch iron rod with
cap stamped "RPLS 1276" found for the northeast comer of said tract of land deeded to JDI
Investors, L.P. and for the southeast comer of a tract of land deeded to grace Presbytery, Inc. as
recorded in Volume 14225, Page 452 of said Deed Records of Tarrant County, Texas; THENCE
South 89 degrees 18 minutes 40 seconds West, with the north line of said tract of land deeded to
JDI Investors, L.P. and with the south line of said tract of land deeded to Grace Presbytery, Inc.,
a distance of 36.48 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the
POINT OF BEGINNING, said 5/8 inch iron rod with cap stamped"GORRONDONA"being in
said proposed west right-of-way line of North Beach Street;
THENCE South 00 degrees 30 minutes 45 seconds East, with said proposed west right-of-way
line of North Beach Street, a distance of 50.00 feet to a point for comer;
Page 1 of 2
THENCE South 89 degrees 18 minutes 40 seconds West, a distance of 50.00 feet to a point for
corner;
THENCE North 00 degrees 30 minutes 45 seconds West, a distance of 50.00 feet to a point for
corner in the north line of said tract of land deeded to JDI Investors, L.P. and in the
south line of said tract of land deeded to Grace Presbytery, Inc.;
THENCE North 89 degrees 18 minutes 40 seconds East, with the north line of said tract of land
deeded to JDI Investors, L.P. and with the south line of said tract of land deeded to
Grace Presbytery, Inc., a distance o 50.00 feet to the POINT OF BEGINNING, and
containing 2,500 square feet or 0.057 acres of land,more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) Bearings are referenced to the Texas Coordinate System, NAD-83, North Central
Zone (4202), based on NGS Monument H-946 with a N=7,043,451.829 and
E=2,325,972.486. Surface factor for this project = 1.00012. Distances and areas
shown are surface.
Date: July 16,2014
RICHARD K NN DY
Richard Kennedy r =°P 5527
o
Registered Profession
No. 5527 S U Ir"�
Texas Firm No. 10106900
Page 2 of 2
VEND 5/0"IR W/CAP EXHIBIT "B"
STAMPED C. C. WHYTE SURVEY i
NE COR LOT OT 6 6,, BLOCK A
CABINET TNA SLIDER 08370 ADDITION
ABSTRACT N0. 1 61 1
p4 9 ati
Y9 N
,BR I ? GRACE PRESBYTERY,INC.
��, u} j •roe 100 50 0 100 I VOLUME PAGE 452
JDI INVESTORS, L.P. PERMANENT
mw C.C.F. No. D201098095 DRAINAGE
D.R.T.C.T. EASEMENT N 00'30'45W
SCALE IN FEET 2,500 SQ.FT. So.DOT�T I N 89'18'40'E
A
I 0.057 ACRES �_,,;,,,,,.,� 50,00'
10.0' RIGHT-OF-WAY EASEMENT
KELLER RURAL SUPPLY CORPORATION RIGHT-OF-WAY SWAY S B918401Y D
P.O.C. VOLUME 4804, PAGE 52 " P.O.B.
D.R.T.C.T. 50.00' IE;:;ipipi`p`: SET 5/8"IR W/CAP
— "GORRONDONA"
SET 5/8"IR W/CAP S 89'18'40'W
"GORRONDONA"� S 00'30'45"E Y� 3648
89'28'20"E -- --------------------- ------------------------------' 50.00' --- --
�.�.
43.17' N 00'3920 W 639.15' ________END 1/2"IR W/CAP
_—___—_____--_—_—_—_ SURVEY LINE __—_—__ "RPLS 1276"
E. W. SHRIVER SURVEY NORTH BEACH STREET
ABSTRACT NO. 14 5 5 (VARIABLE WIDTH RIGHT-OF-WAY)
NOTES: Z � � �
(1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES f O W
THIS PLAT. U) I 23 I 22 ( 2f 20 I 19 I 18 ( 17 I f6 I 15
(2) BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, cc STONE MANOR ADDITION 2
NAD-83, NORTH CENTRAL ZONE (4202)BASED ON NGS MONUMENT I 2 O I I CABINET 0. SLIDE 5324 Ir
H-946 WITH A N=7,043,451.829 AND E-2,325,972.486. SURFACE m P.R.T.C.T,
FACTOR FOR THIS PROJECT= 1.00012.DISTANCES AND AREAS SHOWN
ARE SURFACE.
ORTWORT City of Fort Worth
PROPOSED 1000 THROCKMORTON STREET • FORT WORTH,TEXAS 76102
PERMANENT
DRAINAGE
EASEMENT
NORTH BEACH STREET ��.`OF
.T�
VISTA MEADOWS DRIVE TO SOUTH OF SHIVER ROAD �.��� RFd s
NORTH BEACH STREET
PERMANENT DRAINAGE EASEMENT CITY PROJECT N0. 01292 RICHARD KENNSDI'`
E a OWNER: JDI INVESTORS, L.P.
SURVEY: C. C. WHYTE SURVEY, ABSTRACT NO. 1611 9iL''••., � '{�
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS O ��
ACQUISITION AREA: 2 500 SIFT OR 0.057 ACRES RICHARD KE
G&AI JOB NO. 0907-3723 DRAWN BY: RK I CADD FILE: NORTHBEACHDOCUMENTS.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
VICINITY MAP DATE: JULY 16 2014 PAGE 1 OF 1 SCALE: 1"= 100' NO. 5527 TEXAS FIRM NO. 10106900
N.T.S. GORRONOONA&ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH,TX. 76112 817-496-1424 FAX 817-496-1768
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•
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/6/2015 - Resolution No. 4397-01-2015
DATE: Tuesday, January 06, 2015 REFERENCE NO.: L-15739(Revised)
LOG NAME: 20ROWE-6223-JDI-CONDEMN-1A (R)
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire an Interest in 0.057 Acres of
Land for a Permanent Drainage Easement from Property Located West of the Shiver Road and North
Beach Street Intersection in Abstract 1611,Tract 1E, Charles C. Whyte Survey, Owned by JDI Investors,
L.P., for the North Beach Street from Vista Meadows Drive to Shiver Road Project (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare the necessity to acquire a permanent drainage easement interest on the subject
property by means of condemnation by eminent domain to be used for the North Beach
Street from Vista Meadows Drive to Shiver Road Project;
2. Declare that negotiations between the City and the landowner were unsuccessful due to
the inability to agree on a purchase price to acquire a permanent drainage easement on
0.057 acres of land located in Abstract 1611, Tract IE, Charles C. Whyte Survey, west of
the Shiver Road and North Beach Street intersection, owned by JDI Investors, L.P.;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to
acquire the property for the public use for the North Beach Street from Vista Meadows
Drive to Shiver Road Project;
4. Authorize the City Attorney to institute condemnation by eminent-domain proceedings to
acquire a permanent drainage easement interest on the property;
5. Authorize payment pursuant to an award of commissioners and/or upon negotiated
settlement in lieu of condemnation by eminent domain; and
6. Authorize the City Manager or his designee to accept and record appropriate instruments.
DISCUSSION:
The permanent drainage easement is needed to carry away storm water runoff from North Beach Street.
North Beach Street will be widened from a two-lane undivided to a four-lane divided road from Vista
Meadows Drive to Shiver Road as Part of the 2008 Bond Program.
An independent appraiser established market value for the permanent drainage easement in the amount
of$7,719.00 which was not accepted by the owner. Staff therefore recommends moving forward with
Logname: 20ROWE-6223 4DI-CONDEMN-1A(R) Page I of 2
condemnation by eminent domain proceedings. Upon approval, a Special Commissioner's hearing will be
brought to condemn and acquire the permanent drainage easement from 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 permanent drainage easement
for the property as shown below. Funds are available in the Street Improvements 2008 Fund.
Upon City Council approval, Staff will proceed with acquiring the needed interest in the property.
Parcel Address/Legal Description Type of Property/Acres
No.
01 0000 North Beach Street/Abstract 1611, Tract Permanent Drainage
1 E, Charles C. Whyte Survey Easement/0.057 Acres
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
use of the power of eminent domain to acquire 0.057 acres of land for a
permanent drainage easement, located west of the Shiver Road and North
Beach Street intersection in Abstract 1611, Tract 1 E, Charles C. Whyte
Survey, owned by JDI Investors, L.P. The permanent drainage easement
will be used to carry away storm water runoff from North Beach Street
which will be widened from a two-lane undivided to a four-lane divided
road from Vista Meadows Drive to Shiver Road in North Fort Worth. The
permanent drainage easement is described by metes and bounds and
survey attached to this Mayor and Council Communication.
This property is located in COUNCIL DISTRICT 4.
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 2008 Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C204 541100 202230129241 $0.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig P.E. (7801)
Additional Information Contact: Lexington Wright (6645)
Logname: 20R0WE-6223-JDI-C0NDEMN-1A(R) Page 2 of 2