HomeMy WebLinkAboutResolution 5804-09-2023A Resolution
NO. 5804-09-2023
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 23-0766, ordered and
decreed that a public necessity existed to acquire 0.011 acres in a public access easement from real
property located at 4221 Lakewood Drive, Lake Worth, Texas in the Hodgkins Highlands Addition,
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 the Fort Worth Block 9 platting (the "Project") that will provide
public access to properties of the City of Fort Worth;
- the land rights in the Property are needed for recorded public access to provide required access
by emergency vehicles to the residents of Fort Worth;
- public necessity required the acquisition by condemnation of the Property, located within the
alignment of the Project, to provide public access to every lot within the block;
- 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, SLR Properties,
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 0.011 acres in permanent public access from real property owned by SLR
Properties. The property interests are needed for the Fort Worth Block 9 Platting project, a public use
that will provide public access and emergency vehicle access to lots located in 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 as necessary. The properties are located at 4221 Lakewood Drive
in the Hodgkins Highlands Addition, 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.
By:
Jannette S. Goodall, City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0766
LOG NAME: 21CONDEMN 101240 BLK 9 PLATTING P22 SLR PROPERTIES
SUBJECT
(CD 7) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.011 Acres in a Public Access Easement from Real Property
Owned by SLR Properties, Located at 4221 Lakewood Drive in the Hodgkins Highland Addition, Part of Lot 22B as Deeded, Tarrant County,
Texas, 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:
1. Declare that negotiations between the City and the property owner to acquire 0.011 acres in a public access easement from real property
owned by SLR Properties, located at 4221 Lakewood Drive in the Hodgkins Highland Addition, part of Lot 22B, 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 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);
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 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 $3,020.00. 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.
Improved Subject Property
Parcel �I
I+
Legal Description II
i
Acreage / Property Interest
�=2
Part of Lot 22B (40 ft off the SE End of Lot 22A as deeded, Hodgkins Highland Addition to Lake
Worth
0.011 Acres /Public Access j
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 the use of the power of eminent domain to acquire the 0.011 acres in a
permanent public access easement from real property owned by SLR Properties. 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 property is located at 4221 Lakewood Drive, Lake
Worth, Tarrant County, Texas, being a part of Lot 22B in Hodgkins Highlands, an addition to the City of Lake Worth, 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."
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
AppropriationslTotal*
Project
Lake Worth Gas Lease Capital Legacy Fund for Lake
Worth PlattingProject CityProject No. 101240
$352,428.001
$352,428.00i
Project Total
$352,428.00
$352,428.00,
*Numbers rounded for presentation purposes.
This property is located in COUNCIL DISTRICT 7.
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: Dana Burghdoff 8018
Originating Business Unit Head: Ricardo Salazar II 8379
Additional Information Contact: Nita Shinsky 8053
Mark Brown 5197