HomeMy WebLinkAboutResolution 4443-05-2015 A Resolution
NO. 4443-05-2015
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 May 5, 2015, in M&C L-15771, ordered and
decreed that a public necessity existed for the acquisition of 0.012 acres from a tract of land located at
4020 Driskell Boulevard 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 Lower Como Creek Erosion Control Improvements 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
- that the Real Property Division of the Property Management 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 due to
City of Fort Worth Ordinance No. 16797, SEC 1(XVIII), 1-24-06, Approved May 13, 2006 of the City
Charter prohibits the sale of land to the City by its employees; and
WHEREAS, on this 5th day of May, 2015, at a regular meeting of the Fort Worth City
Council, upon M otion of Councilmember Ann Zadeh,to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire 0.012 acres of land for a permanent drainage easement, located at 4020 Driskell
Boulevard, Lot 25, Block 12 Sunset Heights South, Section 2 Addition, Tarrant County, Texas, owned
by Minerva Gates. The permanent drainage easement will be used to construct the necessary
improvements to limit erosion of Lower Como Creek during heavy rain events. The permanent drainage
easement is described by the metes and bounds, and survey attached to this Mayor and Council
Communication.
Seconded by Councilmember Jungus Jordan, duly put and carried: RESOLUTION.
ORT WORT
Resolution No.4443-05-2015
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 5t' day of May, 2015.
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LOWER COMO CREEK DRAINAGE IMPROVEMENTS
PARCEL NO. 2 PE
CITY PROJECT NO. 01605
4020 DRISKELL BOULEVARD
LOT 25,BLOCK 12, SUNSET HEIGHTS SOUTH SECTION 2
EXHIBIT "A"
Being a permanent drainage easement out of Lot 25, Block 12 of Sunset Heights South Section 2
an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-22,
Page 43 of the Plat Records of Tarrant County, Texas, said Lot 25 being deeded to Minerva
Gates as recorded in County Clerk's File No. D207004306 of the Official Public Records of
Tarrant County, Texas, said permanent drainage easement being more particularly described by
metes and bounds as follows:
COMMENCING at a point for the north corner of said Lot 25, said point being the east corner
of Lot 26 of said Block 12, said point also being in the westerly right-of-way line of Driskell
Boulevard (an 80.0' right-of-way), from which a 3/4 inch iron rod found for reference bears
South 33 degrees 54 minutes 22 seconds East, a distance of 0.19 feet and from which a 1/2 inch
iron rod found for corner in the northeast line of said Lot 25 bears a chord bearing of South 40
degrees 50 minutes 03 seconds East, a distance of 70.04 feet, said 1/2 inch iron rod also being in
the westerly right-of-way line said Driskell Boulevard; THENCE South 58 degrees 44 minutes
17 seconds West, with the northwest line of said Lot 25 and with the southeast line of said Lot
26, a distance of 78.96 feet to the POINT OF BEGINNING of the herein described permanent
drainage easement;
THENCE South 19 degrees 40 minutes 37 seconds East, a distance of 78.82 feet to a point for
corner;
THENCE South 37 degrees 44 minutes 32 seconds East, a distance of 10.73 feet to a point for
corner;
THENCE South 71 degrees 52 minutes 05 seconds West, a distance of 8.78 feet to a point for
corner in the northeasterly line of an existing 15' Storm Drainage and Utility
Easement as recorded in Volume 388-22, Page 43 of said Plat Records of Tarrant
County, Texas;
THENCE North 34 degrees 02 minutes 04 seconds West, with the northeasterly line of said 15'
Storrn Drainage and Utility Easement, a distance of 5.38 feet to a point for corner;
THENCE North 18 degrees 27 minutes 23 seconds West, with the northeasterly line of said 15'
Storm Drainage and Utility Easement, a distance of 82.56 feet to a point for corner in
the northwest line of said Lot 25, said point being in the southeast line of said Lot 26;
Exhibit A Page 1 of 2
THENCE North 58 degrees 44 minutes 17 seconds East, with the northwest line of said Lot 25
and with the southeast line of said Lot 26, a distance of 5.13 feet to the POINT OF
BEGINNING and containing 539 square feet or 0.012 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202, all distances and areas shown are
surface.
Date: April L22, 014 V 1) 0 F T
Curtis Smith CURTIS SMITH _
Registered Professional Land Surveyor 5494
No. 5494 j'Q c)
Texas Firm No. 10106900
Exhibit A Page 2 of 2
EXHIBIT "B "
\ PARCEL No. 2 PE
LOT 27
\ P.0.C.
FROM WHICH A 3/4-IRF
BEARS S 33'54'22'E 0.19'
\ OREMAINDER OF LOT 26 �/
14.161 ACRES (BY DEED)
JOE DRISKELL AND COMPANY 6 /
VOLUME 3400, PAGE 344 lb.
D.R.T.C.T. L-6 1.�1
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PERMANENT DRAINAGE LOT 25
EASEMENT AREA
539 SO. FT. OR < MINERVA GATES •T
0.012 ACRES C.C.F. NO. D207004306
O.P.R.T.C.T.
L-2
LOT 24
BLOCK 1
FIRST UNITED SERVICES ADDITION L-4 L-3 15' STORM DRAINAGE
VOLUME 388-142, PAGE 82 AND UTILITY EASEMENT
P.R.T.C.T. VOLUME 388-22, PAGE 43 LOT 23
P.R.T.C.T.
LINE TABLE
LINE BEARING DISTANCE BLOC%F G 14 2
L-1 S 19'40'37"E 78.82' \ SUNSE SECTION GE ¢3
T
L-2 S 3744'32"E 10.73' pU 22. pA
L-3 S 71'52'05"W 8.78' LOT 1 \ VOLUME PSR.T.C.T
L-4 N 34'02'04"W 5.38' \ /
L-5 N 18'27'23"W 82.56'
L-6 N 58'44'17"E 5.13'
CURVE TABLE
CURVEI RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH
C-1 1 289.56' 13'53'37" S 40'50'03"E 70.04' 70.22'
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60 30 0 60
2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS
SHOWN ARE SURFACE. SCALE IN FEET
orwoRT
City of Fort Worth
1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102
EXHIBIT SHOWING
PERMANENT DRAINAGE EASEMENT OF
LOT 25�BLOCK 12 �P�• ��STf F�co
SUNSET HEIGHTS SOUTH SECTION 2 'n
AN ADDITION To THE CURTIS SMITH
_...
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 5494
AS RECORDED IN P F
VOLUME 388-22, PAGE 43
PLAT RECORDS OF TARRANT COUNTY, TEXAS .......
PROJECT: LOWER COMO CKEEK DRAINAGE IMPROVEMENTS CITY PROJ. No. 01605
DRAINAGE EASEMENT AREA: 539 SQUARE FEET OR 0.012 ACRES CURTIS SMITH
JOB No. DE0T1102.00 DRAWN BY: JCE CAD FILE: DE0T_1102.00-2PE_R01.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: APRIL 22, 2014 REV1 EXHIBIT 8 PAGE 1 OF 1 1 SCALE: 1' = 60' N0. 5494 TEXAS FIRM NO. 10106900
GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
MAYOR AND COUNCIL COMMUNICATION MAP
M&C Log Name: ROWE7007GATES-CONDEMN-AMEND
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unset Heights South Section 2
Lot 25, Block 12 DETAIL OF PROJECT LOCATION
Parcel 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/5/2015 - Resolution No. 4443-05-2015
DATE: Tuesday, May 05, 2015 REFERENCE NO.: L-15775
LOG NAME: 21 ROWE7007GATES-CONDEMN-AMEND
SUBJECT:
Amend Mayor and Council Communication L-15716 Authorizing Condemnation by Eminent Domain for an
Easement Interest for Permanent Drainage for the Lower Como Creek Erosion Control Improvements
Project in Property Located at 4020 Driskell Boulevard Owned by Minerva Gates, a City Employee, in
Order to Reduce the Square Footage Needed from 0.030 Acres to 0.012 Acres (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Amend Mayor and Council Communication L-15716 to reduce the square footage needed for the
permanent drainage easement on property located at 4020 Driskell Boulevard for the Lower Como Creek
Erosion Control Improvements Project;
2. 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 Lower Como Creek Erosion Control Improvements Project;
3. Authorize the City Attorney to institute condemnation by eminent-domain proceedings to acquire the
described easement interest in the property;
4. Authorize a payment pursuant to an award of commissioners; and
5. Authorize the City Manager or his designee to accept and record appropriate instruments.
DISCUSSION:
The easement acquisition is needed to construct a concrete block retaining wall to provide permanent
erosion control in the Lower Como Creek. The existing concrete lining has been undermined by the creek
flows and its structural integrity is compromised. The Lower Como Erosion Control project will address
several areas of the Lower Como Creek where erosion has caused significant impact in the yards of
adjacent properties and threatens to continue damaging yards. The size of the acquisition area has
decreased from the acreage previously approved by City Council (Mayor and Council Communication
(M&C) L-15716, September 9, 2014) reducing the impact to the subject property.
The City obtained an independent appraisal which established fair market value for the taking as
$1,203.00. The landowner, who is a City employee, has agreed to accept the appraised value. However,
Ordinance No. 16797, SEC 1(XVIII), 1-24-06, approved on May 13, 2006 of the City Charter prohibits the
sale of land to the City by its employees and states, in part:
"No officer or employee of the City shall have a financial interest, direct or indirect, in any contract
with the City or be financially interested, directly or indirectly, in the sale to the City of any land,
materials, supplies, or services, except on behalf of the City as an officer or employee...any willful
Logname: 21ROWE7007GATES-CONDEMN-AMEND Page 1 of 3
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council,
shall render the contract involved voidable by the City Manager or the City Council (Ordinance No.
16797, SEC 1 (XVIII), 1-24-06, approved May 13, 2006)."
Therefore, to protect the employee and the City, eminent domain must be used to acquire the property
and compensation will be decided by special commissioners. The mineral estate will not be acquired.
Funds are available in the Stormwater Capital Projects Bond Fund for this project.
Parcel No. Address Legal Description Type of Taking/Amount
02 4020 Driskell Sunset Heights South, Permanent Drainage Easement
Section 2 Addition Lot 25, 0.012 Acres of Land
Block 12
To approve this MSC, 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 0.012 acres of land for a permanent drainage easement from Minerva Gates needed
for the improvements to Lower Como Creek. The permanent drainage easement is described
by metes and bounds and depicted by survey plat attached to this M&C. The tract of land is
located in Lot 25, Block 12, Sunset Heights South, Section 2 Addition, Tarrant County, Texas,
also known as 4020 Driskell Boulevard. The land rights will be used for the Lower Como Creek
Erosion Control Improvements Project.
This property is located in COUNCIL DISTRICT 9, Mapsco 75P.
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, in the
Stormwater Capital Projects Bond Fund.
FUND [TOTAL TOTAL FAIR PROJECTED
CURRENT 'EXPENDITURESI'MARKET REMAINING
PPROPRIATIONS VALUE BALANCE
ESTIMATED
AMOUNT
Storm $1,109,586.99 1$89,734.48 $1,203.00 $1,018,649.51
Water
Revenue
2009
Bonds '
FUND CENTERS:
Logname: 21ROWE7007GATES-CONDEMN-AMEND Page 2 of 3
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 541100 207280160541 $0.00
CERTIFICATIONS:
Submitted for Cily Manager's Office by: Fernando Costa (6122)
Originating Department Head: Wayne Corum (5118)
Additional Information Contact: Lexington Wright (6645)
Logname: 21ROWE7007GATES-CONDEMN-AMEND Page 3 of 3