HomeMy WebLinkAbout2021/03/02-Attachments-M&C 21-0155City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 03/02/21 M&C FILE NUMBER: M&C 21-0155
LOG NAME: 21CONDEMNATION- 4851 E LOOP 820 -VSB
SUBJECT
(CD 5) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.441 Acres in Permanent Sewer Easement and 1.291 Acres
for a Temporary Construction Easement from Improved Property Owned by VSB Investments, LLC, Located East of the Intersection of East Loop
820 South and Martin Street in the James W. Daniel Survey, Abstract 395, in the City of Fort Worth, Tarrant County, Texas, for the Lake Arlington
Lift Station and Force Main Project
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.441 acres in permanent sewer easement and 1.291 for a
temporary construction easement from improved property owned by VSB Investments, LLC, located east of the intersection of East Loop
820 South and Martin Street James W. Daniel Survey, Abstract 395, City of Fort Worth, Tarrant County, Texas, were unsuccessful due to the
inability to reach a mutually agreed upon value for the property interests the City is acquiring;
2. Declare the necessity to acquire the described property interest for the Lake Arlington Force Main and Lift Station project;
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 interest 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 Water & Sewer Capital Project 2018 (W&S Capital Proj 2018) fund 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 property interests in the total amount
of $14,361.00. Negotiations were unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being acquired
by the City.
Upon approval, a Special Commissioners' hearing will be brought to acquire the permanent sewer easement and temporary construction
easement on the property.
Improved Subject Property
Parc
No. el
Legal Description
Acreage / Property Interest
29-
Being part of James W. Daniel
0.441 Acres /Permanent
PSE
Survey, Abstract 395
Sewer Easement
29-
Being part of James W. Daniel
1.291 Acres / Temporary
TCE
Survey, Abstract 395
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 0.441 acres in permanent
sewer easement and 1.291 acres for a temporary construction easement from improved property owned by VSB Investments, LLC. The
property is needed for the Lake Arlington Lift Station and Force Main project, a public use that will construct public sewer improvements,
increasing conveyance capacity necessary to handle projected growth within the Village Creek Wastewater Basin. The property is located east of
the intersection of East Loop 820 South and Martin Street James W. Daniel Survey, Abstract 395, City of Fort Worth, 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 in the City of Fort Worth near COUNCIL DISTRICT 5.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and award of commissioners, 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. Prior to any
expenditure being incurred, the Water and Property Management Departments has the responsibility to validate the availability of funds prior to the
expenditure of funds.
Submitted for City Manager's Office W. Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Burt Gonzales 2311
Ricardo Salazar 8379