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Home My WebLink AboutResolution 5771-06-2023A Resolution NO. 5771-06-2023 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 June 27, 2023, in M&C 23-0513, ordered and decreed that a public necessity existed to acquire .017 acres in permanent sewer facility easement from real property located at 708 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 82, 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 Sanitary Sewer Rehabilitation Contract 100 (the "Project"); - the land rights in the Property are needed for upgrades and repairs to the sewer line facility; - 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, Elizabeth Espinoza, Mary Ann Espinoza and Fidel Espinoza, 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 271h day of June, 2023, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Martinez, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire .017 acres in permanent sewer facility easement from real property owned by Elizabeth Espinoza, Mary Ann Espinoza and Fidel Espinoza. The property is needed for the Sanitary Sewer Rehabilitation Contract 100 Project, a public use that will upgrade and repair the permanent sewer line facility. The land rights in the subject property are needed for construction, operation, maintenance, replacement as necessary. The property is located 708 E. Arlington in the Hyde Park Addition, Block 4, Lot 82, 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 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 271h day of June 2023. ATTEST: By: 11 Jannette S. Goodall, City Secretary 44U4�� aa40F Fp �aa 47A°° 0) a� ��o ° 0 Goo °0�0 ° °�0 °o o�� 0 A��00000000 r AS 4�- 021 PMD 102651 PSFE P7 CONDEMNATION MAP N SANITARY SEWER REHABILITATION CONTRACT 100 w E (CITY PROJECT No. 102651) COUNCIL DISTRICT 11 S Hyde Park Addition Legend Block 4 Lot 82 - Parcel 7 Q Block 4 Lot 82 Tract Overlay Elizabeth MaryAnn & Fidel Espinoza Permanent Sewer Facility Easement (PSFE) 708 E. Arlington Avenue .. I I I fi ' iFI N 'LOCATION OF BOUNDARY IS APPROXIMATE. PSFE = 0.017 Acres * = Project Site r I l $4 CNR/IOUA RDGF =S Watauga Saginaw Blue M4Wd ldJ1R114E CRFES RAYCH North Richland 6-41 X-W• I- K�e Worth Haltom City Sansom Park Cr River OakN e Settlement fOt t� d� w iDeFr uF ego y� - HE GUTS EA 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® EXHIBIT FfA'f EAST ARLINGTON AVENUE HYDE PARK ADDIITION I VOL. 63. PG.19 P.R.T.C.T I I ELIZABETH ESPINOZA, MARY ANN ESPINOZA AND FIDEL ESPINOZA INT. D210118145 D.R.T.C.T. i LOT 81 I LOT 82 I BLOCK 4 708 E. ARLINGTON AVE. I I I I N13'33'02"E S76'26'58"E 50.00' 15.00' iS' WIDE SANITARY SEWER EASEMENT ---N76'26'58"W air IRF) 50.00' N76026'58"W 50.00' LOT 92 POINT OF BEGINNING LOT 91 I I LOT 83 I LOT 84 513'33'02"W _.- 15.00' /Z' PHILIP B. INOLTERS REGISTERED PROFESSIONAL LAND SURVEYOR No. 5894 LOT 90 NEEL-SCHAFFER, INC FIRM REGISTRATION NO. 20022800 DATE: 2/2/2021 CITY OF FORT WORTH 15' WIDE SANITARY SEWER EASEMENT BEARING BASIS: TEXAS COORDINATE SYSTEM 1983 (NAD83), NORTH CENTRAL ZONE (4202) DISTANCES SHOWN ARE SURFACE. SURFACE ADJUSTMENT FACTOR OF 1.00012. OWNER: ELIZABETH ESPINOZA, MARY ANN ESPINOZA AND FIDEL ESPINOZA RECORDING: INST. No. D210118145 DEED RECORDS, TARRANT COUNTY, TEXAS (DRTCT) o 10 20 LEGAL: LOT 82, HYDE PARK ADD, VOL. 63, PG. 9 PLAT RECORDS, TARRANT COUNTY, TEXAS (PRTCT) 15'WIDE SANITARY SEWER EASEMENT AREA: 750.000 S.F./ 0.017 AC. SCALE IN FEET NEEL-SCHAFFER INC. 2501 AVENUE J, SUITE 120 ARLINGTON, TEXAS 76006 PHONE: 817-548-0696 1"-20' P:\MAS\Hyde Park \Easements\Block 4\7U9 Arlington -Lot 91-Espinoza-55 Esmt.dgn EXHIBIT "B" CITY OF FORT WORTH 15' WIDE SANITARY SEWER EASEMENT 750.000 SQUARE FEET BEING a portion of a Lot 82, Block 4, Hyde Park Addition, recorded in Volume 63, Page 9 Plat Records, Tarrant County, Texas (PRTCT), and conveyed by deed to Elizabeth Espinoza, Mary Ann Espinoza and Fidel Espinoza, recorded under Instrument Number D210118145 Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest corner of said Lot 82, same being the southeast corner of Lot 81, Block 4 of said Hyde Park Addition, that bears South 76 degrees 26 minutes 58 seconds East, a distance of 50.00 feet from a found 1/2 inch iron rod for the southwest corner of said Lot 81; THENCE North 13 degrees 33 minutes 02 seconds East, along the west line of said Lot 82, same being the east line of said Lot 81, a distance of 15.00 feet to a point for easement comer; THENCE South 76 degrees 26 minutes 58 seconds East, departing said common line, a distance of 50.00 feet to a point in the east line of said Lot 82, same being the west line of Lot 83, of said Hyde Park Addition, for easement corner; THENCE South 13 degrees 33 minutes 02 seconds West, along said common line, a distance of 15.00 feet to a point for the southeast corner of said Lot 82, same being the southwest corner of said Lot 83 for easement comer; THENCE North 76 degrees 26 minutes 58 seconds West, along the south line of said Lot 82, same being the north line of Lot 91, Block 4, of said Hyde Park Addition, a distance of 50.00 feet to the POINT OF BEGINNING and containing 750.000 square feet or 0.017 acres of land. P:\MAS\Hyde Park\Eamnent"lock 4\708 Arlington -Lot 82-Espinoza Etal-SS Estnt-Description.doc City of Fort Worth, Texas Mayor and Council Communication DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0513 LOG NAME: 21 CONDEMN 102651 P7 ESPINOZA 708 E ARLINGTON SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.017 Acres in Permanent Sewer Easement from Real Property Owned by Elizabeth Espinoza, Mary Ann Espinoza and Fidel Espinoza, Located at 708 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 82, Tarrant County, Texas, for the Sanitary Sewer Rehabilitation Contract 100 Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owner to acquire 0.017 acres in permanent sewer easement from real property owned by Elizabeth Espinoza, Mary Ann Espinoza and Fidel Espinoza, located at 708 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 82, 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 Sanitary Sewer Rehabilitation Contract 100 project (City Project No. 102651); 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 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 subject property are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent sewer line facility on the Sanitary Sewer Rehabilitation Contract 100 project as necessary. This rehabilitation project will be for public use to repair damaged sewer lines, allow better flow within the sewer pipes and help prevent sewer backups between Station 9+46 and Station 12+38E on L-3738. An independent appraisal established fair market value for the property interest (shown below) in the total amount of $2,250.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City. Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the permanent sewer easement interest on the property. Improved Subject Property Parcel No. Legal Description Acreage / Property Interest 7 1708 E. Arlington Avenue, Hyde Park Addition, Block 4, Lot 82 0.017 Acres / Permanent Sewer Facility Easement Funding is budgeted in the Wastewater Department's W&S Capital Projects Fund for the purpose of funding the SS Rehab. Contract 100 project, as appropriated. 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 0.017 acres in permanent sewer easement from real property owned by Elizabeth MaryAnn and Fidel Espinoza. The property interest is needed for the Sanitary Sewer Rehabilitation Contract 100 project, a public use proposed future easement that will repair damaged sewer lines, allow better flow within the sewer pipes and help prevent sewer backups between Station 9+46 and Station 12+38E on L-3738. The property rights in the subject property are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent sewer line facility as needed. The property is located at 708 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 82, 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." This property is located in COUNCIL DISTRICT 11. 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 SS Rehab. Contract 100 project to support the approval of the above recommendations and acquisition of the easement. 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 bv: Dana Burghdoff 8018 Originating Business Unit Head: Steve Cooke 5134 Ricky Salazar 8379 Additional Information Contact: Niels Brown 5166 Armando Calva 2570 Expedited