HomeMy WebLinkAbout(0324) M&C 21-0418City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 06/22/21 M&C FILE NUMBER: M&C 21-0418
LOG NAME: 216501 WILBARGER STREET-OLCOTT
SUBJECT
(CD 5) Adopt Attached Resolution Authorizing Condemnation by Eminent Domain to Acquire 1.878 Acres in Permanent Sewer Easements and
4.461 Acres for Temporary Construction Easements from Real Property Owned by Mary S. Olcott and Michael C. Olcott, Located at 6501
Wilbarger Street, East of the Intersection of South Loop 820 and Wilbarger Street in a Portion of the James W. Daniel Survey, Abstract
395, 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 1.878 acres for a permanent sewer easements and
4.461 acres for a temporary construction easements from real property owned by Mary S. Olcott and Michael C. Olcott, located at 6501
Wilbarger Street, east of the intersection of South Loop 820 East and Wilbarger Street in a portion of the James W. Daniel Survey, Abstract
395, Tarrant County, Texas, for the Lake Arlington Force Main and Lift Station project, were unsuccessful due to the inability to come to an
agreement of terms;
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 $119,186.00. Negotiations were unsuccessful due to the inability to come to an agreement of terms.
Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the permanent sewer easements
and temporary construction easements on the property.
Improved Subject Property
Parcel
No.
Legal Description
Acreage / Property Interest
39-
_]
a portion of the James W. Daniel
1.543 Acres /Permanent
PSE1
Survey Abstract 395
Sewer Easement
39-
a portion of the James W. Daniel
0.335 Acres / Permanent
PSE2
Survey Abstract 395
Sewer Easement
39-
a portion of the James W. Daniel
3.723 Acres / Temporary
TCE1
Survey Abstract 395
Construction Easement
39-
a portion of the James W. Daniel
0.684 Acres / Temporary
TCE2
Survey Abstract 395
Construction Easement
a portion of the James W. Daniel
0.054 Acres / Temporary
TE3
,E
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 1.878 acres in permanent
sewer easements and 4.461 acres for a temporary construction easements from real property owned by Mary S. Olcott and Michael C. Olcott. 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 at 6501
Wilbarger Street, East of the Intersection of South Loop 820 and Wilbarger Street in a portion of the James W. Daniel Survey, Abstract 395, in the
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 between 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 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: Ricardo Salazar 8379
Burt Gonzales 2311
Expedited