HomeMy WebLinkAboutResolution 5296-10-2020 A Resolution
NO. 5296-10-2020
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 October 27, 2020, in M&C 20-0798, ordered and decreed
that a public necessity existed to acquire 0.092 acres for a permanent sewer easement and 0.367 acres for
a temporary construction easement from improved property located south of the intersection of south Loop
820 and Kennedale Parkway in the Oak Crest Addition Block 1, Lot 39 and part of David Strickland
Survey and Shelby County School Land Survey in Tarrant County, Texas, as 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 Lake Arlington Force Main and Lift Station Project(the " Project")
- the land rights in the Property are needed for new sewer improvements;
- public necessity required the acquisition by condemnation of the Property, located within the
alignment of the Project;
- the use of the Property will be a public use; and the Real Property Division of the Property
Management Department is authorized to acquire by negotiation the Property needed for the
Project.
WHEREAS, the City of Fort Worth will acquire the needed property interests to obtain clear title;
and
WHEREAS, on this October 27, 2020, at a regular meeting of the Fort Worth City
Council, upon Motion of Council Member Singleton, to wit:
"1 move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire 0.092 acres for a permanent sewer easement and 0.367 acres for a temporary
construction easement from improved property owned by the Estate of Barbara J. Archer. The property is
needed for the Lake Arlington Force Main and Lift Station Project, a public use that will increase sewer
capacity for the Village Creek Wastewater Basin. The property is located southeast of the intersection of
South Loop 820 and Kennedale Parkway in the Oak Crest Addition, Block 1, Lot 39 and part of David
Strickland Survey and Shelby County School Land Survey, in Tarrant County, Texas. The property
interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to
this Mayor and Council Communication."
Seconded by Council Member Jordan, duly put and carried: RESOLUTION.
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 27`h day of October 2020.
ATTEST: OF FORS,
By:�
rs
Mary J. Kayser, City Secretary
S
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY 80' CONSTRUCTION EASEMENT
Being a portion of Lot 39, Block 1 of Oak Crest Addition, an addition to the City of Fort Worth,
situated in "Tarrant County, Texas as it appears upon the plat recorded in Volume 388-C, Page
81 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being more particularly
described as follows:
Commencing at a one inch iron pipe found for the east corner of Lot 5, Block 8 Oak Crest
Addition, also being the intersection of the north right of way line of Oak Crest Drive E. (a 50
feet wide right of way) and the west right of way line of Lindale Road (a 50 feet wide right of
way) from which a one inch iron pipe found at the beginning of a curve in the southeast line of
Lot 11, Block 9 Oak Crest Addition and in the north right of way line of Oak Crest Drive E. bears
N 45052'56" E, a distance of 548.76 feet.
THENCE S 44007'04" E, a distance of 50 feet the common north corner of said Lot 39 and that
tract shown on said plat as called "Reserved for street purposes" and described in the deed to
the City of Fort Worth, recorded in Instrument Number D186625056 of the Deed Records of
Tarrant County, Texas (D.R.T.C.T.), said also being in the south line of Oak Crest Drive E.
THENCE S 44007'04" E, along the common line of said Lot 39 and said City of Fort Worth tract,
a distance of 790.40 feet to a 5/8 iron rod set with plastic cap stamped "DEOTTE RPLS 4673",
being the POINT OF BEGINNING.
THENCE S 44007'04" E, along the said common line of Lot 39 and said City tract, a distance of
80.02 feet.
THENCE S 47"00'42" W, departing said common line of Lot 39 and City tract, a distance of
200.04 feet to the common line of said Lot 39 and Lot 38 in said Block 1.
THENCE N 44"07'04"W, along said common line of Lot 39 and Lot 38, a distance of 80.02 feet
to a 5/8 iron rod set with plastic cap stamped"DEOTTE RPLS 4673".
THENCE N 47000'42" E, departing said common line of Lot 39 and Lot 38, a distance of 200.04
feet to the POINT OF BEGINNING and containing 16,004 square feet or 0.367 acres more or
less.
Page 1 of 5
NOTES:
1) All bearings and coordinates are in US survey feet surface using a scale factor of
1.000137001 and referenced to the Texas Coordinate System, Nad-83, The North
Central Zone 4202.
2) Exhibit B of same date accompanies this legal description.
sr •.
.........................
��JAMES E. DeOTTE
..%.....................%..
iA 4673 �r
P
S U R`j
Date: 121612019
James E. DeOtte
Registered Professional Land Surveyor
No. 4673
James DeOtte Engineering, Inc.
TBPLS Firm No. 10101400
2201 Dottie Lynn Parkway, Suite 119
Fort Worth, Texas 76120
(817) 446—6877
Page 2 of 5
BRAMBLE1 MARSHALL
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NOTES:
BEARINGS ARE REFERENCED TO TWO 1 INCH IRON RODS
FOUND MARKED AS CONTROLLING MONUMENTS ON THE
COMMENCING DETAIL ALL DISTANCE AND AREAS SHOWN
ARE SURFACE.
LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS
PLAT.
LEGEND:
PROPERTY BOUNDARY --
DL EASEMENT — — — — — -- —
PROP. EASEMENT - 7 �-' •
CAPPED IRON ROD SET C/RS
IRON PIPE FOUND IPF
DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T.
MASTER CARDS TARRANT COUNTY TEXAS M.C.T.C.T.
EXHIBIT B SHOWING A
PARCEL OF PROPERTY 5rjO F
ORTWORTH OUT OF .•.•...•..TF
LOT 39, BLOCK 1 OAK CREST ADD177ON .,P•wG` RFa y
SITU47W IN THE ��'� tJ,
SHELBY COUNTY SCHOOL LAND, BLOCK 56 ,,,;,,,,,•,,,,,,,,,,,,,,,;,,,
TARRANT COUNTY, TEXAS JAMES E. DeOTTE
City Of Fort Worth
AS RECORDED IN ••y...................•V..
200 TEXAS STREET INST. D207005223 ';q 4673
FORT WORTH, TX. 76102 DEED RECORDS OF TARRANT COUNTY TEXAS f•;ROEO. r +� ;�'�
PROJECT. LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No. 100995 ,� ....S ...1 4
TEMPORARY 80' CONSTRUCTION E45EMENT I PARCEL NO. 7 S U R`1
LAND ACQUISITION AREA: 16,004 SO FT OR 0.367 AC
JDEI JOB No. 201704200 1DRAWN BY PWY I PAGE 3 OF 5 Date: 121612019
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTT7E LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
76PE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
— COMMENCING DETAIL / EXHIBIT 8-j
SCALE 1"-250*
PAGE 4 OF 5
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PROPERTY BOUNDARY
EX. EASEMENT — — — — — — —
PROP. EASEMENT
CAPPED IRON ROD SET CIRS
IRON PIPE FOUND IPF
DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T.
MASTER CARDS 7ARR4NT COUNTY TEXAS M.C.TC.T
EX W 8 ShVWNG A
OF PROPERTY 0 PARCEL
FORT WORTH our OF %ST�z
LOT 39, BLOCK I OAK CREST ADDITION
5f7UA7FD IN THE
SHELBY COUNTY SCHOOL LAND, BLOCK 56 ....*............. ...
TARRANT COUNTY, TEXAS JAMES E. DeO7TE
City of Fort Worth AS RECORDED W .. ................%..
200 rEXAS SrREEr INST. D207005223 4673
rORr WORM. IX 76102 DEED RECORDS OF WNW COUNTY TEXAS
s s
PROJECT- LAKE ARLINGTON LIFT STATION AND FORCE MAW CITY PROJECT No. 100995 SURNi
TEMPORARY 50' CONSTRUCTION EASEMENT PARCEL NO. 7
LAND ACQUISITION AREA: 16,004 SO FT OR 0.367 AC
JDV JOB No. 201704200 1 DRAWN BY- PWY PAGE 4 OF 5 Date. 21612019
JAMES DeOTTE ENGINEERING, INC. - 2201 DOTTIE LYNN PKWY, SUITE 119 FORT WORTH, TX. 76120 - 817-446-6877
WE FIRM Reg. No. 8917 - TBLS Firrn Reg. No. 101014-00
EXHIBIT B
PAGES OF 5
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G,cRON STURGEON
REAL ESTATE LP
BLOCK 10, LOT 1
P f \OAK CREST ADDITION
020225.3955
/ D.R.T.C.T.
P.O.B.
/ � GROG• /�� /` k,q, ` •..\,�
S44'07'04"E' \
80.02' A \(�(�I � > F
TEMPORARY 80'
CONSTRUCTION EASEMENT
bt CONTAINING 16,004 SO.
FT. / 0.367 AC.
5/8'
N44.07104 wr 5
BERENGtNATAJ BM 02i F� +r * BARBARA ARCHER
/ gO,gpRS / BLOCK 1, LOT 38 "`�n'u'ka^'1r� BLOCK 1, LOT 39
_ OAK CREST ADDITION
a OAK CREST ADDITION
0207005223
D 194058516 \ D.R.T.C.T.
D.R.T.C.T.
LEGEND:
PROPERTY BOUNDARY — —
EX. EASEMENT — .— -- — — — ---
0 60 120 PROP. EASEMENT !��.* " :.<;,. ►
-- I CAPPED IRON ROD SET CIRS
IRON PIPE FOUND IPF
GRAPHIC SCALE IN FEET DEED RECORDS TARRANT COUNTY 7EXAS D.R.T.C.T. 6r
MASTER CARDS TARRANT COUNTY TEXAS M.C.T.C.T.
EXIT B SHOW0 A
FORT WORTH PARCEL OF PROPERTY Of
LOT 39, BLOCK 1 OAK CREST ADDITION LPG s T eR o-!"y
SHELBY COUNTY CsnWHOOLL LAND, BLOCK 56
..:......................:...
TARRANT COUNTY, TEXAS JAMES E. OeOrrE
City of Fort Worth
AS RECORDED /N •'y•••'• •'•••'••'•••'4•••
200 TEXAS STREET INST. D207005223 t-o 4673
FORT WORTH, 7X. 76102 DEED RECORDS of TARRANT coUNTY TEXAS '•'ppp O a(�`
PROJECT.• LAKE ARUNGTON LIFT STATION AND FORCE MAIN CITY PROJECT No. 100995 ���.S U yo
TEMPORARY 80' CONSTRUCTION EASEMENT PARCEL NO. 7
LAND ACQUISITION AREA: 16,004 SQ FT OR 0.367 AC : 121612019
JD& JOB No. 201704200 DRAWN BY Dote
.• PWY PAGE 5 OF 5
JAMES DeOTTE ENGINEERING, INC. . 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
TBPE FIRM Reg. No. 8917 • 78LS Firm Reg. No. 101014-00
EXHIBIT A
LEGAL DESCRIPTION
PERMANENT 20' SEWER EASEMENT
Being a portion of Lot 39, Block 1 of Oak Crest Addition, an addition to the City of Fort Worth,
situated in Tarrant County, Texas as it appears upon the plat recorded in Volume 388-C, Page
81 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being more particularly
described as follows:
Commencing at a one inch iron pipe found for the east corner of Lot 5, Block 8 Oak Crest
Addition, also being the intersection of the north right of way line of Oak Crest Drive E. (a 50
feet wide right of way) and the west right of way line of Lindale Road (a 50 feet wide right of
way) from which a one inch iron pipe found at the beginning of a curve in the southeast line of
Lot 11, Block 9 Oak Crest Addition and in the north right of way line of Oak Crest Drive E. bears
N 45052'56" E, a distance of 548.76 feet.
THENCE S 44007'04" E, a distance of 50 feet the common north comer of said Lot 39 and that
tract shown on said plat as called "Reserved for street purposes" and described in the deed to
the City of Fort Worth, recorded in Instrument Number D186625056 of the Deed Records of
Tarrant County, Texas (D.R.T.C.T.), said also being in the south line of Oak Crest Drive E.
THENCE S 44007'04" E, along the common line of said Lot 39 and said City of Fort Worth tract,
a distance of 770.39 feet to a 5/8 iron rod set with plastic cap stamped "DEOTTE RPLS 4673"
and the most easterly corner Parcel 93 described in the Sewer Easement to the City of Fort
Worth, recorded in Instrument Number D182010012 of the said Deed Records, being the
POINT OF BEGINNING.
THENCE S 44"07'04" E, along the said common line of Lot 39 and said City tract, a distance of
20.00 feet to a 5/8 iron rod set with plastic cap stamped "DEOTTE RPLS 4673".
THENCE S 47000'42" W, departing said common line of Lot 39 and City tract, a distance of
200.04 feet to a 5/8 iron rod set with plastic cap stamped "DEOTTE RPLS 4673" in the common
line of said Lot 39 and Lot 38 in said Block 1.
THENCE N 44007'04" W, along said common line of Lot 39 and Lot 38, a distance of 20.00 feet
to a 5/8 iron rod set with plastic cap stamped "DEOTTE RPLS 4673" and the most southerly
corner of said Sewer Easement
THENCE N 47000'42" E, departing said common line of Lot 39 and Lot 38, along the south line
of said Sewer easement, a distance of 200.04 feet to the POINT OF BEGINNING and
containing 4,000 square feet or 0.092 acres more or less.
Page 1 of 5
NOTES:
1) All bearings and coordinates are in US survey feet surface using a scale factor of
1.000137001 and referenced to the Texas Coordinate System, Nad-83, The North
Central Zone 4202.
2) Exhibit B of same date accompanies this legal description.
oF
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�Q:•�G�� RF�.9
................................................ ......
JAMES E. DeOTTE
..%.....................V..
iA 4673
:.fss�i� 0�
N� S U
Date: 121612019
James E. DeOtte
Registered Professional Land Surveyor
No. 4673
James DeOtte Engineering, Inc.
TBPLS Firm No. 10101400
2201 Dottie Lynn Parkway, Suite 119
Fort Worth, Texas 76120
(817) 446—6877
Page 2 of 5
SRAMBLL I M HALL
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pN RI HA D MARq< r NITY
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NOTES:
BEARINGS ARE REFERENCED TO TWO 1 INCH IRON RODS
FOUND MARKED AS CONTROLUNG MONUMENTS ON .THE
COMMENCING DETAIL ALL DISTANCE AND AREAS SHOWN
ARE SURFACE.
LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS
PLAT.
518" CAPPED IRON RODS STAMPED "DEOTTE RPLS 4673"
WILL BE SET AT ALL CORNERS OF THE EASEMENT
LEGEND.
PROPERTY BOUNDARY — —
DC. EASEMENT - - - - - - -
PROP. EASEMENT *"'
CAPPED IRON ROD SET CIRS
IRON PIPE FOUND 1PF
DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T.
MASTER CARDS TARRANT COUNTY 7DC4S M.C.T.C.T.
Ems/r s SHO*7NG A
FORT WORTH PARCEL OF PROPERTY O F
our of ;........, T
STE
LOT 39, BLOCK 1 OAK CREST ADDITION ?•�,�` Rlfeo ••9
snVATED HY THE fib••'Q
SHELBY COUNTY SCHOOL LAND, BLOCK 56
CI fy Of Fort Worth TARRANT COUNTY, TEXAS JAMS.....................E. DeOr.E
A5 RECORDED IN •• t••
200 TEXAS STREET INST. D207005223 4673
FORr WORTH, TX. 76102 DEED RECORDS OF rARRANr C01/NTY TEXAS {—'pcss O;�PQ
PROJECT- LAKE ARLINGTON LIFT STATION AND FORCE MAIN CITY PROJECT No. 100995 •..U Rv�A
PERMANENT 20' SEWER EASEMENT PARCEL NO. 7
LAND ACQUISITION AREA: 4,000 SO FT OR 0.092 AC
JO£I JOB No. 201704200 1 DRAWN BY- PWY PAGE J OF 5 Date: 121612019
JAMES DeOTTEE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 817--446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
COMMENCING DETAIL
SCAl Fl"=ZW EXHIBIT B--/
PAGE 4 OF 5
x
10
N45*5256"E'
548.76' f
12 11N
LINE FOR
DIRECTIONAL%
CONTROL
4
....... ....... P.O.C. IN IPF
6 5
2
S44*07'04"E' 10
50.00,
S44'07-04-V
770.39'
T
jaP.O.B.
17 1A, 10 n 0!1�-
\01 Ilk
LEGEND:
PROPERTY BOUNDARY
EX. EASEMENT — — — — — — —
�m"yN
PROP. EASEMENT
CAPPED IRON ROD SET CIRS
IRON PIPE FOUND 1pr
DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T.
MASTER CARDS TARRANT COUNTY TEXAS M.C.TC.T
EX Mr 8 ShiO*M A
FoRTWoRTH PARCEL OF PROPERTY
OuT OF
,%STE
LOT 39, BLOCK 1 OAK CREST ADD177ON c W
SMA47M W PIE
SHELBY COUNTY SCHOOL LAND, BLOCK 56 .............................
City of Fort Worth TARR4NT COUNTY, TEXAS JAMES E. DeOTTE
..%................ %
..
AS RECORDED W
200 r&VIS SMELT INST. D207005223 S,0 4673
FORT WORM, 7x. 76w DEED RECORDS OF rARR4NT COUNTY TEXAS
<
PROJECT LAKE ARLINGTON LIFT STATION AND FORCE U41N- CITY PROJECT No. 100995_ S
su.
PERMANENT 20' SEWER EASEMENT PARCEL NO. 7
Rv
LAND ACQUISITION AREA: 4,000 SO FT OR 0.092 AC
JDE1 JOB No. 201704200 1 DRAWN BY.• PWY IPAGE 4 OF 5 Dote: 121612019
JAMES D&OT7-E ENGINEERING, INC. - 2201 DOME LMN PKWY., SUITE 119 FORT WORTH, 7X 76120 - 817-446-6877
FRPE RRM Reg. No. 8917 - TBLS Firm Reg. No. 101014-00
EXHIBIT B
/
PAGES OF 5
PQ Q
STURGEONRON
REAL
ESTATE N
�OBLOCK CREST 0 ADDITION
D202253955
D.R.T.C.T.
S44'07'04'V 10..�� \
P.O.B. 20.00'
co
GAG
PERMANENT 20' \
SEWER EASEMENT \ \
CONTAINING 4,000 \
ri SO. FT- 0.092 AC.
n
i \
BARBARA ARCHER \
/ N44'07104'W' / BLOCK 1, LOT 39
20.00' \ / OAK CREST ADDITION
0207005223
D.R.T.C.T.
/9b,6���• BERENGINATAJ M //
_01 a o BLOCK 1, LOT 38
OAK CREST ADDITION
D794038516 \
D.R.T.C.T.
LEGEND:
PROPERTY BOUNDARY — —
EX EASEMENT — •— — — — — —
0 60 120 PROP. EASEMENTman (-r ,a„ &; a ,,,x YGr;•;•!:'-
--I CAPPED IRON ROD SET CIRS
IRON PIPE FOUND IPF
GRAPHIC SCALE IN FEET DEED RECORDS TARRANT COUNTY TEXAS D.R.T.C.T.
MASTER CARDS TARRANT COUNTY TEXAS M.C.T.C.T.
EXHIBIT B SHOWING A
PARCEL OF PROPERTY OF
FORT WORTH OUT OFE......... rF
LOT 39, BLOCK 1 OAK CREST ADDITION %?•�,� s Je,,o•y
SITWTED IN THE GJ:• .t1�
SHELBY COUNTY SCHOOL LAND, BLOCK 56 „
City Of Fort Worth TARRANT COUNTY, TEXAS •.LAMES•E. DeOTTE
AS RECORDED /N v• S••
100 TEMS STREET INST- D20700522J . 't 4673 ;*
FORT WORTH, TX. 76101 DEED RECORDS OF TARRANT COUNTY TEXAS '40F O;.•'4
•,,ESS�,. O
PROJECT- LAKE ARLINGTON LIFT STATION AND FORCE MAIN I CITY PROJECT No. 100995 �Mp ' • • E'�
PERMANENT 20' SEWER EASEMENT I PARCEL NO. 7 S U R`I
LAND ACQUISITION AREA: 4,000 SO FT OR 0.092 AC
JDEI JOB No. 201704200 DRAWN BY PWY PAGE 5 OF 5 Dote: 12/6/2019
JAMES DeOTTF ENGINEERING, INC. - 2201 DOME LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 817-446-6877
TBPE FIRM Reg. No. 8917 - TBLS Firm Reg. No. 101014-00
M & C MAP 6801 Oak Crest Drive East
just south of intersection South Loop East 820 and Kennedale Parkway
do
yL i
A.
+ J} I
16,0004 SQUARE FEET Temporary Constructio
x O
273,500 SQUARE FEET LOT 39, BLOCK 1
s
of OAK CREST ADDITION
i-J� s•
• '
4,000 SQUARE FEET Permanent Sewer Easement
Ilk
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1F. ,
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" N
Copyright 2020 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This CI Limits
FORT WO RT H, product is for informational purposes and may not have been prepared for or be suitable for legal, ®e-g
engineering,or surveying purposes.II does not represent an on4hround survey and represents
only the approximate relative location of property boundaries.The City of Fort Worth assumes no Permanent Sewer Easement
responsibility for the accuracy of said data. Temporary Construction Easement
Feet
0 87.5 175 350 525 700
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 10/27/20 M&C FILE NUMBER: M&C 20-0798
LOG NAME: 21C 100995 P7 CONDEMN-6801 OAK CREST DRIVE EAST
SUBJECT
(CD 5 and CD 8)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.092 Acres for a Permanent Sewer Easement
and 0.367 Acres for a Temporary Construction Easement from Improved Property Owned by the Estate of Barbara J.Archer,Located South of the
Intersection of South Loop 820 and Kennedale Parkway in a Portion of Lot 39,Block 1 of Oak Crest Addition,Tarrant County,Texas,for the Lake
Arlington Force Main and Lift Station Project
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.092 acres for a permanent sewer easement and 0.367 acres
for a temporary construction easement from improved property owned by the Estate of Barbara J.Archer,located west of the intersection of
Oak Crest Drive East and Kennedale Parkway in a portion of Lot 39,Block 1 of Oak Crest Addition,Tarrant County,Texas,for the Lake
Arlington Force Main and Lift Station Project,were unsuccessful due to the inability to obtain clear title.
2. Declare the necessity to acquire the described property interests for the Lake Arlington Force Main and Lift Station project(City Project No.
100995);
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interests from the
property owner:
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 the appropriate instruments.
DISCUSSION:
The property rights in the improved subject property are required to construct public sewer improvements that will increase conveyance capacity
necessary to handle projected growth within the Village Creek Wastewater Basin.The Fort Worth Wastewater Master Plan recommends the
installation of a lift station and force main within the lower reaches of the Village Creek Basin.This new sewer improvement will be constructed for
public use and funds for this project were included within the 2018 Water and Sewer Revenue Bond proceeds.The land rights in the improved
subject property are needed for a new force main sewer line.
An independent appraisal established fair market value for the permanent sewer and temporary construction easement property interests in the
total amount of$2,340.00.Negotiations were unsuccessful due to the inability to obtain clear title.
Upon approval,a condemnation action will be brought and a Special Commissioners'hearing held to acquire the permanent sewer easement and
temporary construction easement on the property.
Improved Subject Property
Parcel Legal Description I Acreage/Property Interest
7-PSE Lot 39 Blck 1 Oak Crest 0.092 Acres/Permanent Sewer
Addition Easement
[7-TCE Lot 39 Blck 1 Oak Crest 0.367 Acres/Temporary
Addition Construction Easement
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 0.092 acres for
a permanent sewer easement and 0.367 acres for a temporary construction easement from improved property owned by the Estate of Barbara J.
Archer.The property is needed for the Lake Arlington Lift Station and Force Main project,a public use that will construct public sewer
improvements to increase conveyance capacity necessary to handle projected growth within the Village Creek Wastewater Basin.The property is
located in the Oak Crest Addition,Block 39, Lot 1,in the David Strickland Survey and the Shelby County School Land Survey in the City of
Kennedale,Tarrant County,Texas.The property interests to be acquired are described by metes and bounds and depicted by survey exhibits
attached to this Mayor and Council Communication."
This property is located between COUNCIL DISTRICT 5 and COUNCIL DISTRICT 8.
A Form 1295 is not required because:This MSC does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget,as previously appropriated,in the W&S Capital Proj 2018
Fund for the Lake Arlington,FM,LS and SS project to support the approval of the above recommendations and the purchase of the
easements.Prior to any expenditure being incurred,the Water and Property Management Departments have the responsibility to validate the
availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Ricky Salazar 8379
Burt Gonzales 2311