HomeMy WebLinkAboutResolution 5802-09-2023A Resolution
NO. 5802-09-2023
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 September 12, 2023, in M&C 23-0764, ordered and
decreed that a public necessity existed to acquire 0.109 acres in a public access easement from real
property located at 4220 Wells Drive, Lake Worth, Tarrant County, Texas, being a part of Lots 23, 24 and
25 in the Hodgkins Highlands, an Addition to the City of Lake Worth, Tarrant County, Texas according
to the plat recorded in Volume 204, Page 90 of the Plat Records of 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 to provide sufficient vehicular access for the properties located in Block
9 of the Lake Worth Lease Survey in the City of Fort Worth and to allow for the completion
of the plat of Block 9 of the Lake Worth Lease Survey in accordance with the City of Fort
Worth's Subdivision Ordinance (the "Project");
- 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, Lake Worth
Investments, Inc. were unsuccessful due to the inability to negotiate agreeable terms for the property
interests being acquired by the City of Fort Worth; and
WHEREAS, on this 12th day of September, 2023, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Hill, to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.109 acres in a permanent public access easement from real property owned
by Lake Worth Investments, Inc. The property interests are needed for the Fort Worth Block 9 Platting
Project, a public use that will provide sufficient vehicular access for the public and emergency responders
for the properties located in Block 9 of the Lake Worth Lease Survey in the City of Fort Worth. The
land rights in the subject properties are needed for the construction, operation, maintenance, replacement,
upgrade, and repair of a public access easement. The properties are located at 4220 Wells Drive, Lake
Worth, Tarrant County, Texas, being a part of Lots 23, 24 and 25 in the Hodgkins Highlands, an Addition
to the City of Lake Worth, Tarrant County, Texas, according to the plat recorded in Volume 204, Page
90 of the Plat Records of Tarrant County, Texas. The property interests to be acquired are 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 12th day of September, 2023. oL�7 ,o�4�aXoQ >z
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Jannette S. Goodall, City Secretary 0000000000..0
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0764
LOG NAME: 21 CONDEM 101240 BLK 9 PLATTING P4 LW INVESTMENTS
SUBJECT
(CD 7) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.109 Acres in a Public Access Easement from Real Property
Owned by Lake Worth Investments, Inc. Located at 4220 Wells Drive, Lake Worth, Tarrant County, Texas, Being a Part of Lots 23, 24 and 25 in the
Hodgkins Highlands Addition, for Public Access for the Properties Located in Block 9 of the Lake Worth Lease Survey in the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
Declare that negotiations between the City and the property owner to acquire 0.109 acres in a public access easement from real property
owned by Lake Worth Investments, Inc., located at 4220 Wells Drive, Lake Worth, Tarrant County, Texas, being a part of Lots 23, 24 and 25
in the Hodgkins Highlands Addition, 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 to provide sufficient vehicular access for the properties located in Block 9 of the
Lake Worth Lease Survey in the City of Fort Worth and to allow for the completion of the plat of Block 9 of the Lake Worth Lease Survey in
accordance with the City of Fort Worth's Subdivision Ordinance (City Project No. 101240) ;
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 property rights in the subject property are needed to provide sufficient vehicular access for the properties located in Block 9 of the Lake Worth
Lease Survey in the City of Fort Worth and to allow for the completion of the plat of Block 9 of the Lake Worth Lease Survey in accordance with the
City of Fort Worth's Subdivision Ordinance. Completing the plat for Block 9 will also allow the City to sell the properties within the block to the
persons leasing the properties in accordance with Section 272.001(h) of the Local Government Code and as authorized by the City Council on
November 8, 2016 (Mayor and Council Communication L-15964).
An independent appraisal established a fair market value for the property interest in the total amount of $58,348.00. 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.
Acreage /
PNrocell
Legal Description i
Property
Interest
A part of Lots 23,24,and 25 in the Hodgkins
0.109
Highlands, an Addition to the City of Lake Worth,
Acres /
4
Tarrant County, Texas according to the plat recorded
in Volume 204, Page 90 the Plat Records
Public
Access
of of I
Tarrant County
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 0.109 acres in a permanent
public access easement from real property owned by Lake Worth Investments, Inc. The property interests are needed for the Fort Worth Block 9
Platting Project, a public use that will provide sufficient vehicular access for the public and emergency responders for the properties located in
Block 9 of the Lake Worth Lease Survey in the City of Fort Worth. The land rights in the subject properties are needed for the construction,
operation, maintenance, replacement, upgrade, and repair of a public access easement. The properties are located at 4220 Wells Drive, Lake
Worth, Tarrant County, Texas, being a part of Lots 23, 24 and 25 in the Hodgkins Highlands, an Addition to the City of Lake Worth, Tarrant County,
Texas, according to the plat recorded in Volume 204, Page 90 of the Plat Records of Tarrant County, Texas. The property interests to be acquired
are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication."
This property is located in the City of Lake Worth, near Council District 7.
Funding is budgeted in the Water Department's Lake Worth Gas Lease Capital Legacy Fund for the purpose of funding the Lake Worth Platting
project, as appropriated, as depicted below:
Fund
Existing
Additional
Project
Appropriations
Appropriations
Total*
Lake Worth Gas Lease Capital Legacy Fund for Lake Worth Platting Project City
$352,428.00
$O.00
$352,428.00
Project No. 101240
Project Total i
$352,428.00:'
$0.00,
$352,428.00
*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 I CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Lake Worth Gas Lse Cap
Legacy Fund for the Lake Worth Platting 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: Ricardo Salazar II 8379
Additional Information Contact: Nita Shinsky 8053
Mark Brown 5197