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Home My WebLink AboutResolution 5843-11-2023 A Resolution NO. 5843-11-2023 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 November 14, 2023, in M&C 23-0954, ordered and decreed that a public necessity existed to acquire 0.017 acres in permanent sewer facility easement from real property located at 620 E. Jessamine Street in the Hyde Park Addition,Block 8,Lot 197,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, Isaac W. Jones and Angel Manago, 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 10' day of November, 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 0.017 acres permanent sewer facility easement from real property owned by Isaac W.Jones and Angel Manago. 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 the construction, operation, maintenance and replacement of the sewer facility improvements as necessary. The property is located at 620 E. Jessamine Street in the Hyde Park Addition, Block 8, Lot 197, 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 Beck,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 14th day of November 2023. ,00d-o�vUnL1 Aa * 000ir !y o000000 ATTEST: Ay `°o �° 0�� 0 ao odd By. �� h°o 000° Jannette S. Goodall, City Secretary �a °oQ000000oo - EXHIBIT "A" EAST JESSAMINE STREET HYDE PARK ADDITION VOL. 63. PG. 9 P.R.T.C.T. ISAAC W.10NES & ANGEL MANAGO INT. D217140753 D.R.T.C.T. LOT 196 LOT LOT 198 & WEST 12' LOT 199 LOCK 8 620 E.IESSAMINE ST. 10'X50'SANITARY SEWER EASEMENT INST. D207277210 D.R.T.C.T. '�• FD:9 ..........................%.. S76°34'39"E 50.00' S13°24'12"W PHILIP B. WOLTERS 15.00, ..v........................ •o 5894 ap,.•' - — 15'WIDE SANITARY N13024'12"E SEWER EASEMENT �� .SUR��y 15.00, I/2°IRF N76*34'39"W 50.00' `�� ' PHILIP B. W LTERS POI NT OF LOT 215 & REGISTERED PROFESSIONAL LAND SURVEYOR NO.5894 LOT 217 )BEGINNING LOT 216 WEST 12' NEEL-SCHAFFER,INC LOT 214 FIRM REGISTRATION NO.10021800 DATE: 1/29/2021 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:ISAAC W.JONES&ANGEL MANAGO RECORDING: INST.No. D217140753 DEED RECORDS,TARRANT COUNTY,TEXAS(DRTCT) 0 10 20 LEGAL:LOT 197,BLK 8 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 =20 P:\MAS\Hyde Pork\Easements\Block 8\620 Jessamine-Lot 197-Jones-Monago-SS Esmt.dgn EXHIBIT"B" CITY OF FORT WORTH 15'WIDE SANITARY SEWER EASEMENT 750.000 SQUARE FEET BEING a portion of a Lot 197,Block 8,Hyde Park Addition,recorded in Volume 63, Page 9 Plat Records,Tarrant County,Texas(PRTCT), and conveyed by deed to Isaac W. Jones and Angel Manago,recorded under Instrument Number D217140753 Deed Records,Tarrant County, Texas(DRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod for the southwest corner of said Lot 197, same being the southeast corner of a 10'x 50' sanitary sewer easement,recorded under Instrument Number D207277210 DRTCT, and same being the southeast corner of Lot 196,Block 8, of said Hyde Park Addition; THENCE North 13 degrees 24 minutes 12 seconds East, along the west line of said Lot 197, same being the east line of said Lot 196, a distance of 15.00 feet to a point for easement corner; THENCE South 76 degrees 34 minutes 39 seconds East, departing said common line, a distance of 50.00 feet to a point in the common line of said Lot 197, same being the west line of Lot 198 and the west 12' of Lot 199,for easement corner; THENCE South 13 degrees 24 minutes 12 seconds West, along said common line, a distance of 15.00 feet to a point for the southeast corner of said Lot 197, same being the northeast corner of Lot 216,Block 8, of said Hyde Park Addition, for easement corner; THENCE North 76 degrees 34 minutes 39 seconds West, along the south line of said Lot 197, same being the north line of said Lot 216, a distance of 50.00 feet to the POINT OF BEGINNING and containing 750.00 square feet or 0.017 acres of land. P:\MAS\Hyde Park\Easements\Block 8\620 Jessamine-Lot 197-Jones&Manago-SS Esmt-Desciiption.doc 021CONDEMN 102651 P12 JONES &MANAGO SANITARY SEWER REHABILITATION CONTRACT 100 N wE PARCEL 13 CONDEMNATION MAP s COUNCIL DISTRICT 11 0 15 30 6 90AAL 20 DES ` Feet SAM/NE SIT i 4 PARCEL 13 ,W ' PSE .. *Location of boundary is approximate ®®® ee® ; BrullIW ® ®EM I MM15620 E.JESSAMINE ST. ®�®®9 ®® �®®®®® ®®o FlInffi ®®a B imi PSE — 0.017 Acres ®® ®l ul® B® ®® 1oSEEM ®®®®� ImIMP l® PROJECT SITE rM ® ®:-® ' � M1 Val IFf11fM.11111{..IIVUf t.m*,-III III Ill WillIaMil IN1d[+fVWI,h IN Y 11 Ill UlW1 u1 diQdltW/tl A 0101.111>•+I 0,111) ,- 110,I1IIIIIJOR )(Ul di 1i FORT WORTH® _luWbla(W 10f171 VIIyf+DF—+ly.D1 lW,4S11N k i:�N1l H UDt IKS Dploseri bin vmhogiDFd--)and rdplv)vlU bv ItWD8 0 pID&4110 114.nJN•,)S Ill*clyuFnp W a nuutv,j;f 4&.j dUa City of Fort Worth, Texas Mayor and Council Communication DATE: 11/14/23 M&C FILE NUMBER: M&C 23-0954 LOG NAME: 21CONDEMN 102651 P13 JONES&MANAGO 620 E JESSAMINE SUBJECT (CD 11)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.017 Acres in Permanent Sewer Easement from Real Property Owned by Isaac W.Jones and Angel Manago,Located at 620 E.Jessamine Avenue in the Hyde Park Addition, Block 8, Lot 197, 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 Isaac W.Jones and Angel Manago,located at 620 E.Jessamine Street in the Hyde Park Addition, Block 8, Lot 197,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+50 on L-3738. An independent appraisal established fair market value for the property interests(shown below)in the total amount of$2,250.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the property interests 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 interests on the property. _ Improved Subject Property (Parcel No.II Legal Description I Acreage/Property Interest 13 620 E.Jessamine Street, Hyde Park Addition, Block 8, Lot 197 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 permanent sewer facility easement from real property owned by Isaac W.Jones and Angel Manago. 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 the construction,operation,maintenance and replacement of the sewer facility improvements as necessary. The property is located at 620 E.Jessamine Street in the Hyde Park Addition, Block 8, Lot 197,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 easements. 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 b . Dana Burghdoff 8018 Originating Business Unit Head: Steve Cooke 5134 Ricky Salazar 5166 Additional Information Contact: Niels Brown 5166 Armando Calva 2570