HomeMy WebLinkAboutResolution 5661-11-2022 A Resolution
NO. 5661-11-2022
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 November 29, 2022, in M&C 22-0867, ordered and
decreed that a public necessity existed to acquire 0.057 acres in permanent water and drainage easement
and 0.041 acres in permanent drainage easement from real property located at 3901 and 4001 Brookline
Avenue in the Trentman City Addition, Block 7, Lots 17 & 18, 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 Trentman Street Bridge Replacement and Pavement Rehabilitation
project (the "Project");
- the land rights in the Property are needed for new bridge replacement pavement and drainage
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, negotiations between the City of Fort Worth and the property owner, Geneva
McBrown,were unsuccessful due the inability to negotiate agreeable terms for the property interests being
acquired by the City of Fort Worth; and
WHEREAS, on this 29th day of November, 2022, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Nettles, to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.057 acres in permanent water and drainage easement and 0.041 acres in
permanent drainage easement from real property owned by Geneva McBrown. The land rights in the
subject property are needed for the Trentman Street Bridge Replacement and Pavement Rehabilitation
project, a public use that will capture roadway run-off through sag inlets and drain into Prairie Dog
Creek. The property will be used for the permanent grading, construction, maintenance and repair of
the Prairie Dog Creek Channel on the Eastside of Trentman Street Bridge. The property is located at
3901 and 4001 Brookline Avenue in the Trentman City Addition, Block 7, Lots 17 & 18, City of Fort
Worth, Tarrant County, Texas. 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 Bivens,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 29t'day of November 2022.
OFF
ATTEST: �`�
By: 4affiette S.Goodall(Dec 1,2022 08:) ST) y
Jannette S. Goodall, City Secretary '
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EXHIBIT 'A "
3o'WIDE WA TER AVT`DRMA'AGEEASEMEAVT
2,487SQIlAREFEET OR o.o57ACRESOFL,A1VD
LOT18,BLOCK,7, TRENTMANCITYADDITION
MARYHORNSURVEY,ABSTRACT 691
CITYOFFORT WORTH, TARRANTCOV=TEXAS
-,� LOT 1, BLOCK 7
0 60 120 I I`VOLTM388CB, P. 190N/ / \
T.C.T.
N 51'41°41'39"EEC/
28.96 i�V
GRAPHIC SCALE IN FEET I
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IN 51°41'39" E I /
12-R-6 I 37.98" / / LOT 17, BLOCK 7
/ BLOCK 8 TRENTMAN CITY ADDITION
N TRENTMAN CITY ADDITION 5/8" lRF C) VOL, 388-8, P. 199
N (VOLUME 388-188, PAGE 6� N P.R.TC.T.
P.R.T.C.T. 5/8" lRF Crl
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~ NO F2927'W 362 18 R9' 30'\ WIDE WATER AND
3 FLOODWAY EASEMENT
o INSTR. O.P.RD199212908 N 00°29'27" W DRAINAGE EASEMENT
71 27' S 89 30 33 W 2,487 SQUARE FEET OR
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30.00' 0.057 ACRES
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LEGEND:
O POB POINT OF BEGINNING
LOT 18, BLOCK 7
POC POINT OF COMMENCING O TRENTA4AN CITY ADDITION
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EXHIBIT T ff
3o'WIDE WATERAAV DRAINAGEEASEMENT
2,487SQUARE FEET OR ao57ACRESOFLAND
LOTIB,BLOCK7, TRENTMANCITYADDITION
MARYHORNSURVEY,ABSTRACT691
CITYOFFORT WORTH, TARRANT COUNIYTEXAS
BEING A TRACT OF LAND SITUATED IN THE MARY HORN SURVEY,ABSTRACT NUMBER 691,CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,
AND BEING A PORTION OF LOT 18,BLOCK 7,TRENTMAN CITY ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,
TEXAS AS SHOWN ON PLAT THEREOF AND RECORDED IN VOLUME 388-13,PAGE 199,PLAT RECORDS TARRANT COUNTY,TEXAS,(PRTCT)AND
N BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
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N
N BEGINNING AT 5/8-INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE SAID LOT 18 AND BEING COMMON WITH THE
o SOUTHWEST CORNER OF LOT 1,OF SAID BLOCK 7,ALSO BEING IN THE EAST RIGHT OF WAY LINE OF TRENTMAN STREET(A 60 FOOT RIGHT OF
WAY),FROM WHICH A 1/2-INCH CAPPED IRON ROD MARKED"CBG"FOUND FOR THE NORTHWEST CORNER OF LOT 1 BEARS
a NORTH 00'29'27"WEST,A DISTANCE OF 362.19 FEET;
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o THENCE NORTH 51°41'39"EAST,WITH THE NORTH LINE OF THE SAID LOT 18 AND BEING COMMON WITH THE SOUTH LINE OF THE SAID LOT 1,
3 A DISTANCE OF 37.98 FEET TO A POINT FOR CORNER,FROM WHICH A 5/8-INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF THE SAID
> LOT 18 BEARS NORTH 51°41'39"EAST,A DISTANCE OF 28.96 FEET;
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THENCE OVER AND ACROSS THE SAID LOT 18 THE FOLLOWING COURSES AND DISTANCES:
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SOUTH 00°29'27"EAST,A DISTANCE OF 94.56 FEET TO A POINT FOR CORNER;
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SOUTH 89'30'33"WEST,A DISTANCE OF 30.00 FEET TO A POINT FOR CORNER IN THE WEST LINE OF SAID LOT 18 AND BEING COMMON
o WITH THE EAST RIGHT OF WAY LINE OF AFORESAID TRENTMAN STREET;
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w THENCE NORTH 00'29'27"WEST,WITH THE WEST LINE OF SAID LOT 18 AND BEING COMMON WITH THE EAST RIGHT OF WAY LINE OF THE
o SAID TRENTMAN STREET,A DISTANCE OF 71.27 FEET TO THE POINT OF BEGINNING,AND CONTAINING 2,487 SQUARE FEET OR 0.057
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EXHIBIT fA "
VARI"LE WIDTHDRAINAGEEASEMENT
1,798SQUAREFEETOR o.o41 ACRES OFI_AND
LOT17 BLOCK7,
TREATMANCITYADDITION
MARYHORNSURVEY,ABSTRACT691
CITY OF FORTWORTH, TARRANTCOL=TMS
I PROPOSED WATER AND
DRAINAGE EASEMENT 0 40 80
BY SEPARATE
INSTRUMENT
— _ GRAPHIC SCALE IN FEET
LOT 1, BLOCK 7 -- _ _ / S 34010'21" E
TRENTMAN CITY ADDITION / 23.41'
VOL. 388—B, P. 799 o i n
P.R.LC.T. N 51 41 39 E /
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BEARS: S34'1021'E 289.88'
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lTJ I PROPOSED DRAINAGE / 75.83' VOL. 3.R.T P. 1ss
P.R.T.C.T.
EASEMENT BY
SEPARATE
y I I INSTRUMENT VARIABLE WIDTH DRAINAGE
o O r� 4 / EASEMENT 1,798 SQUARE FEET
5^%/ OR 0.041 ACRES
m I I /i/ N 38027'06" W
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w POB POINT OF BEGINNING
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1. LEGAL DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS EASEMENT DRAWING.
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LOT-17 BLOCK?
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MARYHORNSURVEY,ABSTRACT 69-1
CI7YOFFORT FORTH, TARRAN7-00UN7YTEX4S
BEING A TRACT OF LAND SITUATED IN THE MARY HORN SURVEY,ABSTRACT NUMBER 691,CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,
AND BEING A PORTION OF LOT 17,BLOCK 7,TRENTMAN CITY ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,
TEXAS AS SHOWN ON PLAT THEREOF AND RECORDED IN VOLUME 388-B,PAGE 199,PLAT RECORDS TARRANT COUNTY,TEXAS,(PRTCT)AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
N
N COMMENCING AT 5/8-INCH IRON ROD FOUND FOR THE WEST CORNER OF THE SAID LOT 17,BEING COMMON WITH THE NORTH CORNER
o OF LOT 18,OF SAID BLOCK 7 AND BEING IN THE SOUTHEAST LINE OF LOT 1,OF SAID BLOCK 7,FROM WHICH A 5/8-INCH IRON ROD FOUND FOR
THE WEST CORNER OF THE SAID LOT 18 BEARS SOUTH 51°41'39"WEST,A DISTANCE OF 66.94 FEET;
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THENCE NORTH 51°41'39"EAST,WITH THE SOUTHEAST LINE OF THE SAID LOT 1 AND BEING COMMON WITH THE NORTHWEST LINE OF THE
SAID LOT 17,A DISTANCE OF 93.82 FEET TO THE POINT OF BEGINNING;
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a THENCE NORTH 51°41'39"EAST,WITH THE SOUTHEAST LINE OF THE SAID LOT 1 AND BEING COMMON WITH THE NORTHWEST LINE OF THE
3 SAID LOT 17,A DISTANCE OF 77.57 FEETTO THE NORTH CORNER OF THE SAID LOT 17 AND BEING COMMON WITH THE WEST CORNER OF LOT
} 16,OF SAID BLOCK 7;
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m THENCE SOUTH 34°10'21"EAST,WITH THE NORTHEAST LINE OF THE AFORESAID LOT 17 AND BEING COMMON WITH THE SOUTHWEST LINE OF
o THE SAID LOT 16,A DISTANCE OF 23.41 FEET TO A POINT FOR CORNER,FROM WHICH A 3/4-INCH IRON PIPE FOUND FOR THE EAST CORNER
Q OF THE AFOREMENTIONED LOT 17 BEARS SOUTH 34°10'21"EAST,A DISTANCE OF 289.86 FEET;
o THENCE OVER AND ACROSS THE SAID LOT 17,THE FOLLOWING COURSES AND DISTANCES:
co SOUTH 51°32'54"WEST,A DISTANCE OF 75..83 FEET TO A POINT FOR CORNER;
w NORTH 38'27'06"WEST,A DISTANCE OF 23.54 FEET TO THE POINT OF BEGINNING,AND CONTAINING 1,798 SQUARE FEET OR
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0.041 ACRES OF LAND MORE OR LESS.
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021 PMD 100604 PWDE 5 & PDE 8 CONDEMNATION MAP
Trentman Street Bridge Rehabilitation Project
COUNCIL DISTRICT 8
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"LOCATION OF BOUNDARY IS APPROXIMATE.
PWDE 5 = 0.057 Acres
PDE 8 = 0.041 Acres
17-11i
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Copyright 2017 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may not have been prepared for or be
suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.
The City of Fort Worth assumes no responsibility for the accuracy of said data.
FORT WORTH®
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/25/22 M&C FILE NUMBER: M&C 22-0867
LOG NAME: 21CONDEMN 100604 P5& P8 MCBROWN
SUBJECT
(CD 8)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.057 Acres in Permanent Water and Drainage Easement
and 0.041 Acres in Permanent Drainage Easement from Real Property Owned by Geneva McBrown, Located at 3901 and 4001 Brookline
Avenue in the Trentman City Addition, Block 7,Lots 17& 18,City of Fort Worth,Tarrant County,Texas,for the Trentman Street Bridge
Replacement and Pavement Rehabilitation Project(Continued from a Previous Meeting)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.057 acres in permanent water and drainage easement and
0.041 acres in permanent drainage easement from real property owned by Geneva McBrown, located at 3901 and 4001 Brookline Avenue
in the Trentman City Addition, Block 7, Lots 17&18,City of Fort Worth,Tarrant County,Texas,were unsuccessful due to the inability to
negotiate agreeable terms for the property interest being acquired by the City;
2. Declare the necessity to acquire the described property interest for the Trentman Street Bridge Replacement and Pavement Rehabilitation
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 land rights in the subject property are needed for the Trentman Street Bridge Replacement and Pavement Rehabilitation project,a public use
that will capture roadway run-off through sag inlets and drain into Prairie Dog Creek.The property will be used for the permanent grading,
construction, maintenance and repair of the Prairie Dog Creek Channel on the Eastside of Trentman Street Bridge.
An independent appraisal established fair market value for the permanent water and drainage easement property interests in the total amount of
$9,100.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City.
Upon approval,a Special Commissioners'hearing will be brought to acquire the permanent drainage and sewer easements on the property.
Improved Subject Property
Parcel Legal Description j Acreage/Property Interest,
No.
5- 3901 Brookline Avenue, Lot 18, I0.057 Acres/Permanent
PWDE Block 7,Trentman City Addition Water and Drainage
Easement
8-PDE 4001 Brookline Avenue, Lot 17. ,0.041 Acres/Permanent
Block 7,Trentman City Addition Drainage Easement
I
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 0.057 acres in permanent
water and drainage easement and 0.041 acres in permanent drainage easement from real property owned by Geneva McBrown.The land rights
in the subject property are needed for the Trentman Street Bridge Replacement and Pavement Rehabilitation project,a public use that will capture
roadway run-off through sag inlets and drain into Prairie Dog Creek.The property will be used for the permanent grading,construction,
maintenance and repair of the Prairie Dog Creek Channel on the Eastside of Trentman Street Bridge.The property is located at 3901 and 4001
Brookline Avenue in the Trentman City Addition, Block 7,Lots 17&18,City of Fort Worth,Tarrant County,Texas.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 W&S Capital Projects Fund for the purpose of funding the Trentman Street Bridge.
This project is located in COUNCIL DISTRICT 8.
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 Projects
Fund for the Trentman Street Bridge project to support the approval of the above recommendations and the acquisition of easements. Prior to any
expenditure being incurred,the Transportation and Public Works Department has 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
Ricky Salazar 8379
Additional Information Contact: Niels Brown 5166
Jeremy Van Rite 2574