HomeMy WebLinkAboutResolution 5586-06-2022 A Resolution
NO. 5586-06-2022
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 14, 2022, in M&C 22-0392, ordered and
decreed that a public necessity existed to acquire 0.3559 acres in Fee Simple, from real property located
2812 Decatur Avenue in the Martin Roddy Survey,Abstract 1370, 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 28th Street at Decatur Hazardous Road Overtopping Mitigation
(HROM) Project (the "Project");
- the land rights in the Property are needed for channel improvements for Lebow channel
upstream and downstream of 28th Street at Decatur Avenue as part of the Lebow Channel
master plan 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 by eminent domain
to obtain clear title and because no agreement could be reached to purchase the property from the owner;
and
WHEREAS,on this 10'day of June, 2022, at a regular meeting of the Fort Worth City Council,
upon Motion of Councilmember Flores,to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.3559 acres in Fee Simple, from real property owned by Westcrest Partners,
LLC. The property is needed for the 28th Street at Decatur Hazardous Road Overtopping Mitigation
(HROM)Project, a public use that will provide channel improvements for Lebow channel upstream and
downstream of 28th Street at Decatur Avenue as part of the Lebow Channel master plan improvements.
The land rights in the subject property are needed for the continuation of improvements to Lebow
Channel and will mitigate the risk of hazardous road overtopping near the intersection to better protect
drivers from road flooding. It will also reduce flooding at the 28th Street railroad underpass west of the
intersection during intense storm events as necessary. The property is located at 2812 Decatur Avenue
in the Martin Roddy Survey,Abstract 1370, 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 Councilmember Crain,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 14'day of June 2022.
ATTEST:
A.
By: JannetteS.Goodall(Jun 16,202216:58CDT)
Jannette S. Goodall, City Secretary V' _
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Copyright 2017 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for informational r
purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent FORT WORTH,an on-the-ground survey and represents only the approximate relative location of property boundaries.The City of Fort Worth i
assumes no responsibility for the accuracy of said data.
0 125 250 Feet
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/24/22 M&C FILE NUMBER: M&C 22-0392
LOG NAME: 21PMD 103052 P1 2812 DECATUR AVE CONDEMNATION
SUBJECT
(CD 2)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.3559 Acres in Fee Simple from Real Property Owned by
Westcrest Partners, LLC, Located at 2812 Decatur Avenue, in the Martin Roddy Survey, Abstract 1370, Tarrant County, Texas, for the 28th at
Decatur Hazardous Road Overtopping Mitigation Project
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City of Fort Worth and the property owner to acquire 0.3559 acres in fee simple owned by Westcrest
Partners, LLC, located at 2812 Decatur Avenue, in the Martin Roddy Survey, Abstract 1370, Tarrant County, Texas, for the 28th at Decatur
HROM 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 28th at Decatur Hazardous Road Overtopping Mitigation project
(City Project No. 103052);
3. Adopt the attached resolution authorizing the City of Fort Worth 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 subject property are required for the 28th Street at Decatur Hazardous Road Overtopping Mitigation(HROM) project.
This project is a continuation of improvements to Lebow Channel. The drainage improvements will mitigate the risk of hazardous road overtopping
near the intersection to better protect drivers from road flooding. It will also reduce flooding at the 28th Street railroad underpass west of the
intersection during intense storm events.
An independent appraisal established fair market value for the property interests in the total amount of$27,129.00. 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 property interests on the
property.
Improved Subject Property
Parcel Legal Description Acreage/Property
No. �L Interest
[7P, 370n Roddy Survey Abstract ]10
.3559 mple Acres/Fee
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 0.3559 acres in Fee
Simple, from real property owned by Westcrest Partners, LLC. The property is needed for the 28th Street at Decatur Hazardous Road
Overtopping Mitigation(HROM)Project, a public use that will provide channel improvements for Lebow channel upstream and downstream of 28th
Street at Decatur Avenue as part of the Lebow Channel master plan improvements. The land rights in the subject property are needed for the
continuation of drainage improvements to Lebow Channel and will mitigate the risk of hazardous road overtopping near the intersection to better
protect drivers from road flooding. It will also reduce flooding at the 28th Street railroad underpass west of the intersection during intense storm
events as necessary. The property is located at 2812 Decatur Avenue in the Martin Roddy Survey,Abstract 1370, 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."
Funding is budgeted in the TPW Dept Highway&Streets Department's Stormwater Rev Bonds 2020 Fund for the purpose of funding the 28th Str
at Decatur HROM project, as appropriated.
This property is located in COUNCIL DISTRICT 2.
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 Stormwater Rev Bonds
2020 Fund for the 28th Str at Decatur HROM project to support the approval of the above recommendations and the purchase of the property
interests. Prior to any expenditure being incurred,the Transportation and Public Works 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: Niels Brown 5166
Deanna Wright 6349