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Home My WebLink AboutResolution 5713-02-2023 A Resolution NO. 5713-02-2023 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 February 28, 2023, in M&C 23-0159, ordered and decreed that a public necessity existed to acquire 0.1237 acres in temporary construction easements, and 0.1238 acres in permanent sewer easements from real property located at 3500 E. Loop 820 South in the Parkside East Addition, Block 6, Lot 1 and 3600 E. Loop 820 South in the Ulrich Wuthrick Survey, Abstract No. 1693, Tract 2E1 & 2F3A 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 Main 182 and Main 191 Emergency Repair Program (the "Project"); - the land rights in the Property are needed for sewer 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 owners, Christopher M. Garoosi Living Trust and Fort Rowlett-Land-JV, were unsuccessful due the inability to negotiate agreeable terms for the property interest being acquired by the City of Fort Worth; and WHEREAS, on this 28th day of February, 2023, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Bivens, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire a total of 0.1238 acres in permanent sewer easements and a total of 0.1237 acres for temporary construction easements from real property owned by Christopher M. Garoosi Living Trust and Fort Rowlett-Land JV.The property is needed for the construction of emergency sanitary sewer mains M-182&M-191 to cross Interstate Highway 820; a public use that will provide needed sewer capacity. The properties are located at 3500 E. Loop 820 South in the Parkside East Addition, Block 6, Lot 1 and 3600 E. Loop 820 South in the Ulrich Wuthrick Survey,Abstract No. 1693,Tract 2E1 &2F3A, 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 Blaylock,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 28th day of February, 2023. ATTEST: aoFoF0Rr�aaa By: PrA,o o.0 0 Jannette S. Goodall, City Secretary �.o ��A� �o 0 000 0 o� mop 0 Acy 102082 Sanitary Sewer Mains M-182 & M-191 Crossing IH-820 - Emergency N P1 and P2 Acquisition Map WE Council District 5 s i I r# 4' y� I C - r �I Cf'Fs7 fSIIS OrI SS.~� �y � TCF7 PSEY r 1 ILL it PSE2 +PAR CIE L I ' -820 ' TCE2r + PARCEL 2 Jul- t - X+45 4 M1 5 l-oCation o ound8r+,+is approxarr►at - fig ¢fir 3500 E Loop 820 S _ _ - PSE1 = 0.081 acres TCE1 = 0.081 acres - �N� �- 7. 3600 E Loop 820 S PSE2 = 0.043 acres �� TCE2 = 0.043 acres �ftii��+wo"lwtf�w t = -;•g` Q f -asses a� }fir xasiwwsw�� I ��#— L�>k sow.r.ws.'� �Eyy6L�.}� wt.r��^i�►t i'"' t314 i.! �wwl: Me ` 7iaE a: T"S seas Project Sitesw �'waa f,px f.+ee w j/ anwass, ��A��'�:' y ��i..ky' ram ,��",. 7 - "'`�2aS` -..pCl/,' 4 � � ,� .4 r' �tl�a�� ..rri:` •fit '¢� - ��;n �4 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 properly 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: 02/28/23 M&C FILE NUMBER: M&C 23-0159 LOG NAME: 21 CONDEMN 102082 MAIN 182/M-191 3500&3600 E. LOOP 820 S SUBJECT (CD 5/Future CD 5)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.1238 Acres in Permanent Sewer Easements and 0.1237 Acres for Temporary Construction Easements from Real Property Owned by Christopher M.Garoosi Living Trust and Fort Rowlett- Land JV, Located at 3500 E. Loop 820 South in the Parkside East Addition, Block 6, Lot 1 and 3600 E. Loop 820 South in the Ulrich Wuthrick Survey,Abstract No. 1693,Tract 2E1 &2F3A,Tarrant County,Texas,for the Main 182 and Main 191 Emergency Repair 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 0.1238 acres in permanent sewer easements and 0.1237 acres for temporary construction easements from real property owned by Christopher M.Garoosi Living Trust and Fort Rowlett- Land JV, located at 3500 E. Loop 820 South in the Parkside East Addition, Block 6, Lot 1 and 3600 E. Loop 820 South in the Ulrich Wuthrick Survey,Abstract No. 1693,Tract 2E1 &2F3A,Tarrant County,Texas,were unsuccessful due to the inability to negotiate agreeable terms; 2. Declare the necessity to acquire the described property interests for the Main 182 and Main 191 Emergency Response project(City Project No. 102082); 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 to construct emergency sanitary sewer mains M-182 and M-191,which will cross Interstate Highway 820 and provide needed sewer capacity. An independent appraisal established fair market value for the permanent sewer and temporary construction easement property interests in the total amount of$20,830.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms. Upon approval,a condemnation action will be brought and a Special Commissioners'hearing held to acquire the permanent sewer easement and temporary construction easement on the properties noted. Owner PNrocel Legal Description I� Acreage/Property Interest Christopher M. Garoosi Living Trust 1-PSE Parkside East, Block 6, Lot 1 0.0808 Acres/Permanent Sewer Easement Christopher M.Garoosi Living ,1-TCE Parkside East, Block 6, Lot 1 0.0801 Acres/Temporary Construction f Trust Easement i Fort Rowlett-Land JV 2-PSE Ulrich Wuthrick Survey,Abstract No.1693,Tract 2E1 & 0.0430 Acres/Permanent Sewer Easement 2F3A Ulrich Wuthrick Survey,Abstract No.1693,Tract 2E1 & 0.0436 Acres/Temporary Construction Fort Rowlett-Land JV 2-TCE 2F3A 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 a total of 0.1238 acres in permanent sewer easements and a total of 0.1237 acres for temporary construction easements from real property owned by Christopher M. Garoosi Living Trust and Fort Rowlett-Land JV.The property is needed for the construction of emergency sanitary sewer mains M-182&M-191 to cross Interstate Highway 820;a public use that will provide needed sewer capacity.The properties are located at 3500 E. Loop 820 South in the Parkside East Addition, Block 6, Lot 1 and 3600 E. Loop 820 South in the Ulrich Wuthrick Survey,Abstract No. 1693,Tract 2E1 &2F3A, 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 Wastewater Department's W&S Capital Projects Fund for the purpose of funding the 2018-SS Emergency Response project, as appropriated. This property is located in COUNCIL DISTRICT 5/Future 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 will be available in the current capital budget,as previously appropriated, in the W&S Capital Projects Fund for the 2018-SS Emergency Response project to support the approval of the above recommendations and acquisition of the easements. Prior to an expenditure being incurred,the Water 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 Dickson Robin 2554 Expedited