HomeMy WebLinkAboutResolution 5608-08-2022 A Resolution
NO. 5608-08-2022
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 August 23, 2022, in M&C 22-0638, ordered and
decreed that a public necessity existed to acquire 0.019 acres in permanent water facility easement, from
real property located 920 North Houston Street, situated in Lot A, Block 1, J.W. Nichols Company
Addition, City of Fort Worth, 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 Trinity River Vision Project (the"Project");
- the land rights in the Property are needed for sewer line 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 Estate 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 23rd day of August, 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 0.019 acres in permanent sewer easements owned by Forward Fort Worth
River Project, LTD., located at 920 North Houston Street, situated in Lot A, Block 1, J.W. Nichols
Company Addition, City of Fort Worth, Tarrant County, Texas. The property is needed for the Trinity
River Vision Project, a public use that will construct public sewer improvements increasing conveyance
capacity necessary to handle projected growth within the Central City project. The land rights in the
subject property are needed for the sewer line improvements. The property interest to be acquired is
described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council
Communication."
Seconded by Councilmember Nettles,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 23`d day of August 2022.
ATTEST:
By: J ette S.Goodall(Aug 25,2022 10W CDT) O 1
i
Jannette S. Goodall, City Secretary
CJ(�S
WATER& SANITARY SEWER RELOCATIONS FOR THE TRINITY RIVER VISION
CENTRAL CITY PROJECT& THE TRINITY UPTOWN SERVICE AREA
BRIDGE & CHANNEL RELOCATIONS
PART 4—CHANNEI. SEGMENT B WATER& SANITARY SEWER RELOCATIONS
PARCEL No.4-PE
CITY PROJECT No. 00969
920 N.HOUSTON STREET,FORT WORTH,TEXAS
LOT A,BLOCK ONE OF J.W.NICHOLS COMPANY ADDITION
EXHIBIT"A"
Being a permanent sanitary sewer easement out of Lot A, Block One of J.W. Nichols Company
Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume
388-130, Page 76 of the Plat Records of Tarrant County, Texas, said Lot A berg deeded to
Forward Fort Worth River Project, Ltd. and being further described as Tract III as recorded in
County Clerk's File No. D206278234 of the Deed Records of Tan-ant County, Texas, said
permanent sanitary sewer easement being more particularly described by metes and bounds a5
follows:
COMMENCING at a 1/2 inch iron rod with cap stamped "Area Surveying" found for the most
southerly southeast corner of said I.ot A, said 1/2 inch iron rod with cap stamped "Area
Surveying" being the northeast corner of a 2.18 acre tract of land deeded to Texas Midstream
Gas Services, L.L.C. as recorded in County Clerk's File No. D207367811 of said Deed Records
of Tarrant County, Texas, said 112 inch iron rod with cap stamped "Area Surveying" also being
in the westerly right-of-way line of Fort Worth & Western Railroad (a variable width right-of-
way), from which a 1/2 inch iron rod with cap stamped "Precise" found for the most easterly
northeast corner of I.ot A, Block One of Gifford-Hill & Co. Plant No. 41 Site, an addition to the
City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-133, Page 100 of said Plat
Records of 'Tarrant County, Texas bears South 04 degrees 57 minutes 41 seconds West, a
distance of 76.04 feet, and from which a 1/2 inch iron rod found for reference bears South 04
degrees 57 minutes 41 seconds West, a distance of 76.04 feet and North 12 degrees 37 minutes
47 seconds Fast, a distance of 0.29 feet; THENCE South 88 degrees 43 minutes 42 seconds
West, with the south line of Lot A of said J.W. Nichols Company Addition and with the north
line of said 2.18 acre tract of land, passing at a distance of 30.40 feet, a 1/2 inch iron rod with
cap stamped "Precise" found for the most northerly northwest corner of said 2.18 acre tract of
land, said 1/2 inch iron rod with cap stamped "Area Surveying" being the most northerly
northeast corner of Lot A of said Gifford-1Iill & Co. Plant No. 41 Site, in all,a distance of 50.22
feet to a point for the southwest comer of I.ot A of said J.W. Nichols Company Addition, said
point being the southeast corner of Lot C, Block One of said J.W. Nichols Company Addition;
THENCE North 04 degrees 05 minutes 42 seconds Fast,with the west line of Lot A of said J.W.
Nichols Company Addition and with the east line of said Lot C, passing at a distance of 0.43
feet, a 5/8 inch iron rod found for reference, in all, a distance of 15.07 feet to the POINT OF
BEGINNING of the herein described permanent sanitary sewer easement, said point being in
the north line of an existing 15.0' Sanitary Sewer Easement as recorded in said Vol Lime 388-130,
Page 76 of said Plat Records of Tarrant County,Texas;
Exhibit A Page 1 of 2
THENCE North 04 degrees 05 minutes 42 seconds East, with the west line of Lot A of said J.W.
Nichols Company Addition and with the east line of said Lot C, a distance of 44.93
feet to a point for comer;
THENCE South 36 degrees 53 minutes 30 seconds East, a distance of 55.03 feet to a point for
comer in the north line of said existing 15.0' Sanitary Sewer Easement;
THENCE South 88 degrees 43 minutes 42 seconds West, with the north fine of said existing
15.0' Sanitary Sewer Easement, a distance of 36.25 feet to the POINT OF
BEGINNING and containing 811 square feet or 0.019 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202. All distances and areas shown arc
surface utilizing a surface factor of 1.0001375289116.
Date: March 2 2016
OF
T
CURTIS SMITH
Curtis Smith �p5§g4 —`a
Registered Professional Land Surveyor '(}''~ ..
No. 5494 /
Texas Firm No. 10106900
Exhibit A Page 2 of 2
EXHIBIT "B "
PARCEL No. 4—PE
LINE TABLE j 11 1 APPROXIMATE LOCATION
LINE I BEARING DISTANCE I I EXHIBIT A-11, TRACT 2 ( r- --OF FLOODWAY EASEMENT
L-1 N 04'05 42 E 15.07' SOUTHERN STAR CONCRETE, INC. I VOLUME 388-130. PAGE 76
L-2 N 04'05'42"E 44.93 1 C.C.F. No. 0203275195 1 1 P.R.T,C.T.
L-3 S 36'5='30"E 55.03 1 D.R.T.C.T. I I
L-a s 88 a3'a2"W 36.25' i PERMANENT I = i LOT A TRACT III
SANITARY SEWER i I FORWARD FORT WORTH
I EASEMENT AREA :.:==:-'': RIVER PROJECT, LTD.
40.0' EMERGENCY $11 S0. FT, OR I N::-:;:: C.C.F. No. D206278234
.019 ACRES I �: ::; .��
ACCESS AND UTILITY EASEMENT 0 D.R.T.C.T.
VOLUME 388-130, PAGE 76 I
-------- I LOT C I ....'c::::::::::
014E I :1:r:: :::::::.
LOT B aLOCK pLs 1 :?; :::;:..- .-. P.O.C.
_-------- ----- - -- �- J.W NY IA DITIOD'PAO 16 :, ___ FANRDEA SURVEYING'
.... --
�UMEpg8-,CT. i T P.O.B.
VOL P' ) S W43.42-W 50.22'
30.40 PARCEL No. 4-PE
0.43%::�<Tll—ww-�N:ARY—
SEWER EASEMENT P�ANFNDT5/8•IR �' �/ �- 1'/'' Q
VOLUME 388-130. PAGE 76 �'FND 1/2"IR / � 3
P.R.T.C.T. �' Q
' "PRECISE' 1
---- -- _____-- ------=9—---------_- r o
-� 20.0' FLOODWAY EASEMENT .J I SUBJECT
VOLUME 388-t33, PAGE 100 �� S� �5 �� ^ ` T TRACT &
P.R.T.C.T. -�ePVGNX4a 1 2.18 lul u��EAµ D) 'Q Q LOCATION OF
0 !� EASEMENT
GAS SERVICES. L.L.C.
C.C.F. No. D207367811
P LOT A D.R.T.C.T.
Q11F Co. FND 1/2"IR "PRECISE", `c Lu m
13LD HILL SITF QQ FROM HI eE Rs 0 /1- a
GIFFNT 140•ss1 PAGE 1 N 12'37'47E 0.29' V- L j j
UN 588�T,C.T -- --
p� EXHIBR A-11, TRACT 1 UNE
APPROXIMATE LOCATION OF SOUTHERN STAR CONCRETE, INC. w
15.0' SANITARY SEWER EASEMENT C.C.F. No. D203275195 z
VOLUME 388-t33, PACE 100 D.R.T.C.T. z
P.R.T.C.T. a
NOTES. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 30 15 0 30
2. ALL EMBEARINGS AND COORDINATES ARE REFERENCED TO THE TEXTS COORDINATE I —�
SYSTEM,, NA NAD-B3, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS
SHOWN ARE SURFACE UTILIZING A SURFACE FACTOR OF 1.000t375289116. SCALE IN FEET
® Wop City of Fort Worth
10DO THROCKMORTON STREET FORT WORTH, TEXAS 76102
EXHIBIT SHOVING
PERMANENT SANITARY SEWER EASEMENT 01
UI OF
LOT A.
DBLOCK ONE 1
OF
J.W. NICHOLS COMPANY ADDITION C.. ................_ ,,.............,
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CURT _SMITf;
AS RECORDED IN { 5494 r
VOLUME 388-130, PAGE 76 -
PLAT RECORDS OF TARRANT COUNTY, TEXAS
PROJECT: PART 4-WATER & SANITARY SEWER RELOCATIONS ICITY PROD, No. 00969
ACOUISITION AREA: 811 SQUARE FEET OR 0.019 ACRES CURTIS SMITH
JOB No. KHA_1308.00 DRAWN BY: JWJ CAD FILE: 4-PE.RWC REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: MARCH 2, 2016 EXHIBIT B PAGE 1 OF 11 SCALE: 1' - 30' NO. 5494 TEXAS FIRM No. 10106900
GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX, 76118 • 817-496-1424 FAX 817-496-1768
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/23/22 M&C FILE NUMBER: M&C 22-0638
LOG NAME: 21C00969 PO4 CONDEMN
SUBJECT
(CD 2)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.019 Acres in Permanent Sewer Easements from Real
Property Owned by Forward Fort Worth River Project,LTD,Located at 920 North Houston Street,City of Fort Worth,Tarrant County,Texas for the
Trinity River Vision 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 0.019 acres in permanent sewer
easements from property owned by Forward Fort Worth River Project, LTD,located at 920 North Houston Street, Lot A, Block One of J.W.
Nichols Company,Addition,City of Fort Worth,Tarrant County,Texas were unsuccessful due to the inability to reach a mutually agreed upon
value for the property interest being acquired;
2. Declare the necessity to acquire the described property interest for the Trinity River Vision project(City Project C00969);
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 on the Trinity River Vision project(City
Project No.C00969).
An independent appraisal established fair market value for the permanent sewer in the total amount of$41,000.00. Negotiations were
unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being acquired. 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 Interest
No.
��iompanyot A, Block 1,J.W. Nichols 0.019 Acres/Permanent Addition Sewer 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 0.019 acres in permanent
sewer easements owned by Forward Fort Worth River Project,LTD.,located at 920 North Houston Street,situated in Lot A,Block 1,J.W.Nichols
Company Addition,City of Fort Worth,Tarrant County,Texas.The property is needed for the Trinity River Vision Project,a public use that will
construct public sewer improvements increasing conveyance capacity necessary to handle projected growth within the Central City project.The
land rights in the subject property are needed for the sewer line improvements.The property interest to be acquired is described by metes and
bounds and depicted by survey exhibits attached to this Mayor and Council Communication."
Funding is budgeted in the Wastewater Dept Public Untility Department's W&S Rev Bonds Series 2021 Fund for the purpose of aquiring the
property easement interests required to construct sewer improvments for the Trinity River Vision,Phase 1 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 W&S Rev Bonds Series
2021 Fund for the Trinity River Vision, Phase 1 project to support the approval of the above recommendation and acquisition of the easement
interests. Prior to an expenditure being incurred,the Water Department has the responsibility of verifying 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