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Home My WebLink AboutResolution 4465-06-2015 A Resolution NO. 4465-06-2015 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 June 2, 2015, in M&C L-15778, ordered and decreed that a public necessity existed for the acquisition of 0.0199 acres from a tract of land located at 4708 East Rosedale Street 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 (Miller Avenue to Stalcup Road) Improvement 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 Right-of-Way Section of the Transportation and Public Works Department was authorized to acquire by negotiation the Property needed for the Project. WHEREAS, conveyance for the purchase of said tract of land have been unsuccessful; and WHEREAS, on this 2nd day of June, 2015, at a regular meeting of the Fort Worth City Council, upon Motion of Council member Gvna Bivens, to wit: I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.0199 acres of land for a right of way easement, located 4708 East Rosedale Street in in Lot 5, Block 5 East Rosedale Heights Addition, Tarrant County, Texas, owned by Repesa-Confide International, Inc., a Texas Corporation (Also Known As Represa-Confide International, Inc.) Jerry Berkowitz, President. The right of way easement will be used to construct the necessary improvements which include adding medians, sidewalks and other pedestrian amenities to reconstruct East Rosedale Street from Miller Avenue to Stalcup Road. The right of way easement is described by the metes and bounds, and survey attached to this Mayor and Council Communication. Seconded by Dennis Shin lg eton,duly put and carried:RESOLUTION. ORT WORT 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 2/ ay of � 201�� t � � a ATTEST: By: Mar i o b Y Kays i y Sc�Ctetary �� o�0000000000�� ORT ORT EAST ROSEDALE STREET IMPROVEMENTS PARCEL No. 75 R.O.W.CSJ; 0902-48-453 4708 EAST ROSEDALE STREET LOT 5,BLOCK 5,EAST ROSEDALE HEIGHTS CITY OF FORT WORTH,TARRANT COUNTY,TEXAS EXHIBIT"A" BEING a 868 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 Terrance Montgomery,by Deed,filed August 7,2012,and recorded in Document No. D212192394 of the Deed Records of Tarrant County,Texas,being a portion of Lot 5, Block 5 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 PK nail with shiner set for corner in the east line of said Lot 5 and in the east line of said Montgomery tract and marking the intersection of the existing west right-of-way line of Amanda Street(called 50 foot right-of-way) and 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 74.60 feet to a PK nail with shiner set for corner in the east line of a tract of Iand conveyed to Tai Duy Ly by deed recorded in Volume 11782, Page 853 of the Deed Records of Tarrant County, Texas, in the east line of Lot 6, Block 5 of said East Rosedale Heights,in the west line of said Lot 5 and in the west line of said Montgomery tract; THENCE North 00'22'16"West, along the east line of said Lot 6, the east line of said Ly tract, the west line of said Lot 5 and the west line of said Montgomery tract, for a distance of 11.67 feet to a point for corner in the existing south right-of-way line of East Rosedale Street and marking the northeast corner of said Lot 6, the northeast corner of said Ly tract, the northwest corner of said Lot 5 and the northwest corner of said Montgomery tract; THENCE North 89037'44" East, along said existing south right-of-way line of East Rosedale Street,the north line of said Lot 5 and the north line of said Montgomery tract, for a distance of 74.60 feet to a point for corner marking the northeast corner of said Lot 5,the northeast comer of said Montgomery tract and the intersection of the existing south right-of-way line of East Rosedale Street and the existing west right-of-way line of Amanda.Street; THENCE South 00'22'16" East, along the east line of said Lot 5, the east line of said Montgomery tract and the existing east right-of-way line of Amanda Street, for a distance of 11.60 feet to the POINT OF BEGINNING and containing 868 square feet or 0.0199 acres of land,more or less. 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. Page 1 of 2 EAST ROSEDALE STREET IMPROVEMENTS PARCEL No.75 R.O.W. CSJ: 0902-48-453 4708 EAST ROSEDALE STREET LOT 5,BLOCK 5, EAST ROSEDALE HEIGHTS CITY OF FORT WORTH,TARRANT COUNTY,TEXAS EXHIBIT"A" 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 ground under my supervision. Michael Cuzzo, .P.L.S. 05/14/14 •• VICHa.E1 CLZZO Texas Registration No.5693 ARS Engineers, Inc. 12801 N. Central Expressway Suite 1250 Dallas,Texas 75243 Ph.214-739-3152 Page 2 of 2 i i o i w BSc' r I : x" CY 00 w y�G p LL-:1,-:�v v:0) vl: z U co cp to co Z p� �J°i�y� p. 6- �%j O W z 4 <r =w b o N �m os�� a6 s4 Q to i ii °�'iso `mob ' • : '• Qvw�N --- ------------'------------ 4 wQ ! w w v>cn oZw L }uauiasa3 woaa$spipy saxal ,0£ _U v) (0 q- (D ZnNt7N 0' Q) b m b i� ro a co o (M021 ,09 paltoo) m (n z z (n i6.47 L4 Ldti T AVO ! � W t-- (J} ^ o a �-: 6 � Q u5 � C7d- J m bf O �O l� W I (n LO Q3 010 z N I— m W Ja1 ! ��_j0) > o 1 o O s L2 cn�p�� <CW(�j[n LL n � U u, -oP� a� i o i W �No°o a � ANN Q wo ��c�mZ3 LL Ocr U I wenn r, m �(n ozw L 0 co N� Go m Q _j C_ az �Q)CT I W m 4 U Q 00 1n t-: o q LI:y�� oco CC F- � Ot +. [ ¢ p rA I I 12 �d h W m LO UN & Hm a: N w 13.9V.LS t350N1'I ._�i 3 bi J b7 Q I a p� N I (Moa ,09 PO/100) w K 18 w ADIN 131 GOOM3003 L pG y�w"N I I I I Lot: 75 Block: S, Type: LOT PNT# Bearing Distance Northing Easting Station Offset 1278 6952020. 028 2352282. 887 4716.86 50. 00 S 89034143" w 74. 60 1273 6952019. 479 2352208 .289 4642.26 50. 00 N 00022116" W 11. 67 1277 6952031. 147 2352208.214 4642.27 38. 33 N 89037144" E 74. 60 1279 6952031 . 630 2352282. 812 4716. 87 38.40 S 00°22 ` 16" E 11. 60 1278 6952020.028 2352282. 887 4716. 86 50. 00 Closure Error Distance> 0. 0000 Total Distance> 172.47 Area: 868 Sq. Feet, 0.0199 Acres i I i i i Page 71 of 107 i I MAYOR AND COUNCIL COMMUNICATION MAP 20ROWE-6850-BERKOWITZ-75-CONDEMN Copyright 2014 City of Fort Worth. Unauthorized reproduction is a of of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying PAR W0 ur oses. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries BRENTWOOD TA' The Ci �ty of Fort Wrth assumes no responsibility for the accuracy of said data. 111( Z' 1P lit, RVIEW � TH A: .-A Z 0 0 W Z' kKE'RYWG ROSEDALE14 JVCASTER 1C j -J UN V I M 303 J J :t ME HAW .ry UjF 13A 'fERlf� CS U CLU13 bt yl G LLJ _Z:: ARD T-f-I LU IT 7 g 0 C" f, KDKE L: Z' UJI LL 7_,R -LLJ. >". RTIN q'r' G, ld.4 LH , J11 I's Uj Lu rl� JSEMI R� PLEASANT 57 IWZ CF� 9517 D"G E W ...... RIGHT-OF-WAY ACQUISITION N 6 868 Sq.Feet 13 LU 6TJ 10 AP 0 UJI D r C LU ki 1p� 9 7 S�%/�%///��/�/�� %�/��%� ��%fad! I �' c�I�I �� ER,T "" „� I�" ,a0 , VqINEY HIRTT EDEN 'LU J w ii LU Z U1 Z 3: IULI D (L W U1 0 �e Z 0 2000 4000 8000 111020 0 L ly GARCIA- Ft Feet _f -T DOE#6850,PROJECT#01895 DETAIL OF PROJECT LOCATION G.COONROD SURVEY ABSTRACT 291 PARCEL 75 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 612/2015 - Resolution No. 4465-06-2015 DATE: Tuesday, June 02, 2015 REFERENCE NO.: L-15778 LOG NAME: 21 ROWE-6850-BERKOWITZ-75-CONDEMN SUBJECT: Adopt Resolution Authorizing Condemnation by Eminent Domain for a Right-of-Way Easement on 0.0199 Acres of Land Owned by Repesa-Confide International, Inc., Located at 4708 East Rosedale Street for the East Rosedale Street Improvement Project from Miller Avenue to Stalcup Road (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council 1. Declare that negotiations between the City and the landowner to acquire a right-of-way easement on 0.0199 acres of land for road improvements on property owned by Repesa-Confide International, Inc., located at 4708 East Rosedale Street, Fort Worth, Texas, were unsuccessful due to owners inability to convey the needed property interests; 2. Declare the necessity to acquire the right-of-way easement for the East Rosedale Street Improvement Project from Miller Avenue to Stalcup Road; 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 East Rosedale Street Improvement Project from Miller Avenue to Stalcup Road; 4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described right-of-way easement for the property; 5. Authorize a 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 Avenue to Stalcup Road. An independent appraisal established fair market value for the land and improvements as $11,400.00. Negotiations were unsuccessful due to the property owners inability to deliver conveyance instruments. Upon approval, a Special Commissioners' hearing will be brought to condemn and acquire the right-of-way easement for 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 right-of-way easement for the property as shown below. Funds are available in the 2004 Capital Improvement Fund. Logname: 21ROWE-6850-BERKOWITZ-75-CONDEMN Page 1 of 2 Parcel Address Legal Description Type of Taking/Acres No. 75 4708 East Rosedale Lot 5, Block 5 East Rosedale Right-of-Way Street Heights Addition Easement/0.0199 To approve this Mayor and Council Communication (M&C), 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 0.0199 acres of land for a right-of-way easement from Repesa-Confide International, Inc., a Texas Corporation, also known as Represa-Confide International, Inc., Jerry Berkowitz, President, needed for the improvements to East Rosedale Street. The right-of-way easement to be acquired is described by metes and bounds and depicted by survey exhibit attached to this M&C. The tract of land is located in Lot 5, Block 5 East Rosedale Heights Addition, Tarrant County, Texas, also known as 4708 East Rosedale Street. The land rights will be used for the East Rosedale Street Improvement Project. 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 Improvement Fund. See Fund Appropriation attached as follows: Description AAvailable Fund Transfers Balance Unspecified Pending Appropriations 2004 Bond Program $5,117,204.14 $240,000.00 $4,877,204.14 arterials FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C200 541100 205230189541 $0.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Wayne Corum (5118) Deanna Cody (8379) Additional Information Contact: Lexington Wright (6645) Logname: 21ROWE-6850-BERKOWITZ-75-CONDEMN Page 2 of 2