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Home My WebLink AboutResolution 5772-06-2023A Resolution NO. 5772-06-2023 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 23-0514, ordered and decreed that a public necessity existed to acquire 0.023 acres in permanent sewer facility easement from real property located at 3737 Bellaire Circle in the Westcliff Addition, Block 9, Lot 2, 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 Water and Sanitary Sewer Replacement Contract 2020, WSM-K project (the "Project"); - the land rights in the Property are needed for new sanitary 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 owner, Azzah Mary Darkazally Perez, 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 27th day of June, 2023, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Crain, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.023 acres in permanent sewer facility easement from real property owned by Azzah Mary Darkazally Perez. The property is needed for the Water and Sanitary Sewer Replacement Contract 2020, WSM-K project, a public use that will address sewer line maintenance. The land rights in the subject property are needed for sanitary sewer line replacements as necessary. The property is located at 3737 Bellaire Circle in the Westcliff Addition, Block 9, Lot 2, 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 Lauersdorf, 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 27rh day of June 2023. ATTEST: By: Jannette S. Goodall, City Secretary >Z�nXAS�,oc` WATER & SANITARY SEWER REPLACEMENT, CONTRACT 2020 WSM-K CITY PROJECT NO. 103421 PARCEL NO. 1 PE 3737 BELLAIRE CIRCLE LOT 2, BLOCK 9, WESTCLIFF EXHIBIT "A" Being a permanent sanitary sewer facility easement out of Lot 2, Block 9 of Westcliff, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-B, Page 220 of the Plat Records of Tarrant County, Texas, said Lot 2 being described in deed to Azzah Mary Darkazally Perez as recorded in County Clerk's File No. D213307020 of the Official Public Records of Tarrant County, Texas, said permanent sanitary sewer facility easement being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found for the east corner of Lot 4 of said Block 9, said 3/8 inch iron rod being the north corner of Lot 27, Block 9 of Westcliff, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 1959, Page 242 of the Deed Records of Tarrant County, Texas, said 3/8 inch iron rod also being in the southwest line of Lot 6, Block 9 of Westcliff, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 1927, Page 216 of said Deed Records of Tarrant County, Texas; THENCE, North 48 degrees 39 minutes 01 seconds West, with the northeast line of said Lot 4 and with the southwest line of said Lot 6, passing at a distance of 15.30 feet, a point for the west corner of said Lot 6 and the south corner of Lot 5, Block 9 of said Westcliff as recorded in Volume 1927, Page 216, in all, a distance of 29.50 feet to a point for the southeast corner of said Lot 2, said point being the southwest corner of said Lot 5, said point also being the most northerly corner of said Lot 4; THENCE, North 14 degrees 56 minutes 52 seconds West, with the northeast line of said Lot 2 and with the southwest line of said Lot 5, a distance of 76.53 feet to a point for the northeast corner of said Lot 2, said point being the most westerly corner of said Lot 5, said point also being the south corner of Lot 3, Block 9 of said Westcliff as recorded in Volume 388-B, Page 220, from which a 5/8 inch iron rod found for the north corner of said Lot 5 bears North 28 degrees 37 minutes 20 seconds East, a distance of 137.84 feet, said 5/8 inch iron rod being the east corner of said Lot 3, said 5/8 inch iron rod also being in the southerly right-of-way line of Brighton Road (a called 50' width right-of- way); THENCE, North 48 degrees 29 minutes 20 seconds West, with the northeast line of said Lot 2 and with the southwest line of said Lot 3, a distance of 30.00 feet to the POINT OF BEGINNING of the herein described permanent sanitary sewer facility easement, said point being the intersection of the northeast line of said Lot 2 and the southwest line of said Lot 3 with a northwest line of an 8' Utility Easement as recorded in Volume 388-B, Page 220 of said Plat Records of Tarrant County, Texas; THENCE South 41 degrees 30 minutes 40 seconds West, with a northwest line of said 8' Utility Easement, a distance of 4.00 feet to a point for an exterior ell corner of said 8' Utility Easement; THENCE South 48 degrees 29 minutes 20 seconds East, with a southwesterly line of said 8' Utility Easement, a distance of 28.79 feet to an angle point in said 8' Utility Easement; Exhibit A Page 1 of 2 THENCE South 14 degrees 56 minutes 52 seconds East, with a southwesterly line of said 8' Utility Easement, a distance of 18.46 feet to a point for corner; THENCE South 75 degrees 03 minutes 08 seconds West, a distance of 5.92 feet to a point for corner; THENCE North 14 degrees 56 minutes 52 seconds West, a distance of 20.15 feet to a point for corner; THENCE North 48 degrees 29 minutes 20 seconds West, a distance of 120.76 feet to a point for corner in the northwest line of said Lot 2, said point being in the southeast right-of-way line of Bellaire Circle (a called 60' width right-of-way), said point also being the beginning of a non -tangent curve to the left having a radius of 1,060.00 feet, a central angle of 00 degrees 25 minutes 57 seconds and whose chord bears North 41 degrees 48 minutes 52 seconds East, a distance of 8.00 feet; THENCE with said non -tangent curve to the left, with the northwest line of said Lot 2 and with the southeast right-of-way line of said Bellaire Circle, an arc length of 8.00 feet to a point for the north corner of said Lot 2, said point being the west corner of said Lot 3, from which a 1 /2 inch iron rod found for reference bears North 48 degrees 42 minutes 47 seconds West, a distance of 0.24 feet; THENCE South 48 degrees 29 minutes 20 seconds East, with the northeast line of said Lot 2 and with the southwest line of said Lot 3, a distance of 96.60 feet to the POINT OF BEGINNING and containing 993 square feet or 0.023 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 are surface. Date: June 10, 2022 / Curtis Smith Registered Professional Land Surveyor No. 5494 Texas Firm No. 10106900 k CURTIS SMITH I °p 5494 �y�t�Crr Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. I PE °ry LOT 3 Y 1\_Qf�Y P��Is G o FND 5/8-IRON ROD PERMANENT SANITARY i SEWER EASEMENT AREA 993 SO. FT. OR ; 0.023 ACRES I / P.O. LOT 2 Qb AZZAH MARY DARKAZALLY PEREZ 1::,• C.C.F. No. D213307020 O.P.R.T.C.T. SEE DETAIL "A �1 LOT 1 DETAIL "A" NOT TO SCALY �� LOT 5 9 O ( wrST� pAGE 216 BLOCK 9 m�;:. WESTCLIFF VOLUME 388-B, PAGE 220 `�� P.R. T. C. T. L-7 ; 1` S'UTILTTY EASEMENT 1 1r VOLUME 386—B, PAGE 220A11 11 P.R.T.C.T. _ —� LOT 4 P. 0. C. IFND 3/8-IRON ROD ��]Qt(.��:[d��<d.tel:i�)•-i��:11;I�t�liNl:i��4:[$1:� [�:iy��:[�3li1 I NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83. THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. vol'U�g' R T.C.T LOT 6 LOT 27 BLOCK 9 / NESTCLIFF / VOLUME 1959, PAGE 242 D.R.T. C. T. / PASSING SAT 15.30' ♦ ♦ ♦ 50 25 0 50 SCALE IN FEET City of Fort worth 200 TEXAS STREET • FORT WORTH. TEXAS 76102 WATER & SANITARY SEWER REPLACEMENT, CONTRACT 2020 WSM-K PARCEL NO, 1 PE I CITY PROJ. NO. 103421 PERMANENT SANITARY SEWER EASEMENT OWNER: AZZAH MARY DARKAZALLY PEREZ SURVEY: LOT 2, BLOCK 9, WESTCLIFF LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 993 SQUARE FEET OR 0.023 ACRES WHOLE PROPERTY ACREAGE: 0.458 ACRES (CALCULATED) OF • w �_SMITH ,.5494 ; LAND SURVEYOR GORRONDONA do ASSOCIATES. INC. • 280D N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 0 021 PMD 103421 PSFE P1 CONDEMNATION MAP WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-K (CITY PROJECT No. 103421) COUNCIL DISTRICT 3 West Cliff Addition Block 9 Lot 2 - Parcel 1 Azzah Mary Darkazally Perez 3737 Bellaire Circle *LOCATION OF BOUNDARY IS APPROXIMATE. PSFE = 0.023 Acres * = Project Site Legend Q Block 9 Lot 2 Tract Overlay OF Permanent Sewer Facility Easement (PSFE) FOR�TH. Lt n sw'nsw Watwps a p6 �. 1 c �aeOfarE iwess'1 41 Hurst -_.. HiRomcitf „ t 54= FortV(ortw e Arlington I: o � Q sus Bentxvok °� .4 Forog Hill xenneGele Evermen ot. .. 1� i�� Mw3ftm 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: 06/27/23 M&C FILE NUMBER: M&C 23-0514 LOG NAME: 21CONDEMN 103421 P1 PEREZ 3737 BELLAIRE CIR PSFE SUBJECT (ETJ Near CD 3) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.023 Acres in Permanent Sewer Facility Easement from Real Property Owned by Azzah Mary Darkazally Perez, Located at 3737 Bellaire Circle in the Westcliff Addition, Block 9, Lot 2, Tarrant County, Texas, for the Water and Sanitary Sewer Replacement Contract 2020 WSM-K Project RECOMMENDATION: It is recommended that the City Council: Declare that negotiations between the City and the property owner to acquire 0.023 acres in permanent sewer facility easement from real property owned by Azzah Mary Darkazally Perez, located at 3737 Bellaire Circle in the Westcliff Addition, Block 9, Lot 2, Tarrant County, Texas, were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City; Declare the necessity to acquire the described property interest for the Water and Sanitary Sewer Replacement Contract 2020 WSM-K project (City Project No. 103421); Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use; Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the property owner; Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and 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 Water and Sanitary Sewer Replacement Contract 2020 WSM-K project, a public -use project that will replace sanitary sewer lines in the Westcliff neighborhood. An independent appraisal established a fair market value for the property interest in the total amount of $40,200.00. 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 property interest (shown below) on the property. Parcel No. Legal Description Acreage / Property Interest 1- (WESTCLIFF PSFE _^� ADDITION Block 9 Lot 2 _ _— 0.023 Acres / Permanent Sewer Facility 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 0.023 acres in permanent sewer facility easement from real property owned by Azzah Mary Darkazally Perez. The property is needed for the Water and Sanitary Sewer Replacement Contract 2020, WSM-K project, a public use that will address sewer line maintenance. The land rights in the subject property are needed for sanitary sewer line replacements as necessary. The property is located at 3737 Bellaire Circle in the Westcliff Addition, Block 9, Lot 2, 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 for Water and Sanitary Sewer Replacement Contract 2020 WSM-K project is depicted below: Fund W&S Capital Projects - Fund 560021 Existing Appropriations $816,050.00�1 Additional Appropriations $0.00 Project Total* $816,050.00 Project Total $816,050.00, $O.00j $816,050.00 *Numbers rounded for presentation purposes. 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 Project Fund for the W/SS Repl Contract 2020 WSM-K project to support the approval of the above recommendations and acquisition of easement. Prior to an expenditure being incurred, the Water 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 Ricky Salazar 8379 Additional Information Contact: Niels Brown 5166 Austen Lopes 2567 Expedited