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Home My WebLink AboutResolution 5865-12-2023 (3) A Resolution NO. 5865-12-2023 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 December 12, 2023 in M&C 23-1060,ordered and decreed that a public necessity existed to acquire 0.017 acres in permanent sewer facility easement from real property located at 616 E. Jessamine Street in the Hyde Park Addition, Block 8, Lot 196, 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. i WHEREAS, negotiations between the City of Fort Worth and the property owner, Agustin Bombela Jr., 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 12th day of December, 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 in permanent sewer facility easement from real property owned by Agustin Bombela Jr. 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 616 E. Jessamine Street in the Hyde Park Addition,Block 8, Lot 196, 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." i i I 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 j Property for the public use and inclusion in the Project; and i The City Attorney be and is hereby authorized and directed to file or cause to be Bled,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 12t" day of December, 2023. ATTEST: �boov��,n�tt p 6 0 By: � S g t� Jannette S. Goodall, City Secretary PAS S 5�*°° o° °O°°°°°°°° t 021CONDEMN 102651 P12 BOMBELA SANITARY SEWER REHABILITATION CONTRACT 100 N WE PARCEL 12 CONDEMNATION MAP +. s COUNCIL DISTRICT 11 �SSA MINE sT CL PARCEL 12 ` PSE i *Location of boundary is approximate PER � m momEEHH ®® ®® ICI ®® 616 E.JESSAMINE ST. ®®m®� �®� qP ® �®®®®® M®o No ism PSE — 0.017 Acres SM BE aim MERE ® _ agog Effiffi am EM 'HE f ®� ® 0 ® ®� "PROJECT SITEam ®® -/'I ® EM EM " ® ffEE t1np111Yh.t111F CIII'ar icn fl,wn,.�usnruucml 1■pn•cvwuh a x nubhia ul xpMhm+o ILK■ i,ll,liwixtl l►.�, .rlulnisq,p 11 1„Ic.lab aif Ih.v 1.3111x4x 111„11 p1Y11.v1 rxl ,1,FORT WORTH® sumdu for loll+,,angnolr.iq,or iwvayiny peww-, 11 Uar,rat laplomfg Or,o+l.tho•glounJ al;•.ay cnJ raplvnonls .Ir hV x1,ro mF+a/dowe%Po,won oe ptow-v ho.njar.as 'rla Cly cf�np R11nh n.cwn.■rq r■ap9noilllly ry tin hnnrarf rl wl daq . EXHIBIT"B" CITY OF FORT WORTH 15'WIDE SANITARY SEWER EASEMENT 750.000 SQUARE FEET BEING a portion of a Lot 196, Block 8,Hyde Park Addition,recorded in Volume 63, Page 9 Plat Records,Tarrant County,Texas(PRTCT), and conveyed by deed to Agustin Bombela Jr.,recorded under Instrument Number D219206634 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 southeast corner of said Lot 196, same being the southeast corner of a 10'x 50' sanitary sewer easement,recorded under Instrument Number D207277210 DRTCT, and same being the southwest corner of Lot 197, Block 8, of said Hyde Park Addition; THENCE North 76 degrees 34 minutes 39 seconds West, along the south line of said Lot 196,same being the north line of Lot 217, Block 8, of said Hyde Park Addition, a distance of 50.00 feet to a point for the southwest corner of said Lot 196 and said 10'x 50' sanitary sewer easement, same being the southeast corner of Lot 195,Block 8, of said Hyde Park Addition,for easement corner; THENCE North 13 degrees 24 minutes 12 seconds East, departing said common line, and along the west line of said Lot 196, same being the east line of said Lot 195, 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 Lots 196 and 197, for easement corner; THENCE South 13 degrees 24 minutes 12 seconds West, along said common line, a distance of 15.00 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\616 Jessamine-Lot 196-Bombela-SS Esmt-Description.doc i City of Fort Worth, Texas Mayor and Council Communication DATE: 12/12/23 M&C FILE NUMBER: M&C 23-1060 LOG NAME: 21CONDEMN 102651 P12 BOMBELA 616 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 Agustin Bombela Jr., Located at 616 E.Jessamine Avenue in the Hyde Park Addition, Block 8, Lot 196,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 Agustin Bombela Jr.,located at 616 E.Jessamine Street in the Hyde Park Addition, Block 8, Lot 196,Tarrant County,Texas,were unsuccessful due to the inability to negotiate agreeable terms for the property interests 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.I Legal Description I Acreage/Property Interest 12 616 E.Jessamine Street, Hyde Park Addition, Block 8, Lot 196 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 facility easement from real property owned by Agustin Bombela Jr. 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 616 E. Jessamine Street in the Hyde Park Addition, Block 8,Lot 196,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 W. Dana Burghdoff 8018 Originating Business Unit Head: Ricky Salazar 5166 Additional Information Contact: Niels Brown 5166 Armando Calva 2570