Loading...
HomeMy WebLinkAboutResolution 5881-01-2024 A Resolution NO. 5881-01-2024 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 January 23,2024,in M&C 24-0083,ordered and decreed that a public necessity existed to acquire 0.010 acres of land in permanent sanitary sewer easements,from real property located at 7309 Davenport Avenue in the Ridglea West Addition, an Addition to the City of Fort Worth, Block 12, Lot 9, 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 107 project(the"Project"); - the land rights in the Property are needed for new the construction, operation, maintenance, replacement,upgrade and repair of the permanent 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 EWHEREAS, negotiations between the City of Fort Worth and the property owner, Judy Butts, 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 23rd day of January 2024, at a regular meeting of the Fort Worth City Council, upon M otion 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 0.010 acres in permanent sanitary sewer easement from real property owned by Judy Butts.The land rights in the subject property are needed for the Sanitary Sewer Rehabilitation Contract 107 project, a public use that will repair damaged sewer lines, allow better flow within the sewer pipes and help prevent sewer backups on L-3100. The property is located at located at 7309 Davenport Avenue in the Ridglea West Addition, Block 12, Lot 9, City of Fort Worth, Tarrant County. 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 23"r day of January, 2024. ATTEST: p0000000000 �� 42XS�A F7 a o o o a By: Jannette S. Goodall, City Secretary P o i ''' • I ' • 1 1 1 1 ' 1 . 1 '�1�, 1 1 1 O.A Nkii 1. r -•� •� -�;'. i. y� mot,,` � -{ �t tic HartomjCity a • • • r SOUTH.LAKL'NJRTH -; -'t. Y.(�., r A �� - RlvenOaks ! -i t �,., 7i � ® t• ' Qom, r� ti 1 2 While Seale, t 4 T RIDCLEHHILL i ,•m 7309 Davenport Ave c ,etc` L - a ;,t• lnlF 1(PIFi F, FCH 6 � SANITARY SEWER REHABILITATION, CONTRACT 107 CITY PROJECT NO. 102782 PARCEL NO. 21 PE 7309 DAVENPORT AVENUE LOT 9, BLOCK 12, RIDGLEA WEST EXHIBIT"A" Being a permanent sanitary sewer easement out of Lot 9, Block 12 of Ridglea West, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-C, Page 79 of the Plat Records of Tarrant County,Texas,said Lot 9 being described in deed to Judy Butts as recorded in County Clrek's File No.D218260339 of the Official Public Records of Tarrant County, Texas, said permanent sanitary sewer casement being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for the west corner of Lot 8 of said Block 12, said 5/8 inch iron rod being the north corner of Lot 7 of said Block 12, said 5/8 inch iron rod also being in the southeasterly right-of-way line of Davenport Avenue (50' right-of-way width) from which a 1/2 inch iron rod found for the north corner of Lot 6 of said Block 12,bears South 43 degrees 08 minutes 57 seconds West, a distance of 60.00 feet, said 1/2 inch iron rod being the west corner of said Lot 7, said 1/2 inch iron rod also being southeast right-of-way line of said Davenport Avenue; THENCE, North 43 degrees 08 minutes 57 seconds East, with the northwest line of said Lot 8 and with the southeasterly right-of-way line of said Davenport Avenue, a distance of 60.00'feet to a point for the west corner of said Lot 9, said point being the north corner of said Lot 8,from which a 1/2 inch iron rod found for reference bears South 54 degrees 11 minutes 07 seconds East, a distance of 0.38 feet;THENCE,South 46 degrees 51 minutes 15 seconds East,with the southwest line of said Lot 9 and with the northeast line of said Lot 8, a distance of 128.00 feet to the POINT OF BEGINNING of the herein described permanent sanitary sewer easement; THENCE North 44 degrees 05 minutes 57 seconds East, a distance of 56.17 feet to a point for corner; THENCE North 03 degrees 58 minutes 57 seconds East, a distance of 4.94 feet to a point for corner in the northeast line of said Lot 9, said point being in the southwest line of Lot 10 of said Block 12; THENCE South 46 degrees 51 minutes 03 seconds East, with the northeast line of said Lot 9 and with the southwest line of said Lot 10, a distance of 9.03 feet to a point for corner in a northwesterly line of an 8'Utility Easement as recorded in Volume 388-C, Page 79 of said Plat Records of Tarrant County, Texas; THENCE South 03 degrees 58 minutes 57 seconds West, with a northwesterly line of said 8'Utility Easement, a distance of 1.80 feet to a point for an interior corner of 8'Utility Easement; Exhibit A Page 1 of 2 THENCE South 44 degrees 05 minutes 57 seconds West, with a northwesterly line of said 8'Utility Easement, a distance of 58.61 feet to a point for corner in the southwest line of said Lot 9, said point being in the northeast line of said Lot 8; THENCE North 46 degrees 51 minutes 15 seconds West, with the southwest line of said Lot 9 and with northeast line of said Lot 8, a distance of 7.00 feet to the POINT OF BEGINNING and containing 425 square feet or 0.010 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: March 8, 2023 Curtis Smith OF T Registered Professional Land Surveyor �P: o�STFR a llo. 5494 ' * o � Texas Firm No. 10106900 CURTIS SMITH b' 9 °,poF5494 �O.,fSS�� ' 1 SUR��� . lc7%y I I Exhibit A Page 2 of 2 ... :.:...................... EXHIBIT "B " PARCEL No. 21 PE LINE TABLE �.... :.:: . •. .:::::::::::....�.�. -`�/ LINE I BEARING DISTANCE L-1 N 03'58'57"E 4.94' ;•::•;•;::'' ''� L-3 ; `� L-2 S 46'51'03"E 9.03' L-3 S 03'58'57"W 1.80' L-4 S 44'05'57'W 58.61' ` L-5 N 46'S1'15"W 7.00' ......... �P� / LOT 10 DETAIL "A" NOT TO SCALE A o�` I I FND 1/2"IRON ROD I I V� BEARS S 54'il'07"E 0.38' I I ��C� J oo LOT 9 ; � ; LOT 12 <�6 JUDY BUTTS C.C.F. No.D21826O339 O.P.R.T.C.T. LOT 8 a SEE 'SF DETAIL A>,_�_ 1 \LOT 13 8 Oo BLOCK yyES�' , 0. VOI'UQAGE 719� / �!, LOT 14 IRON ROD Q•�Z•i / FND 1/2" L-4 a �7 PERMANENT SANITARY IRON ROD P.0.L• ' SEWER EASEMENT AREA ' 425 SQ. FT. OR 0.010 ACRES \ LOT 7 IN 8' UTILITY EASEMENT VOLUME 388-C, PAGE 79 \ � u , P.R.T.C.T. < i LOT 15 LOT 6 \ ,' ,' `` `. LOT 16 NOTES: 4 2� 40 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. SCALE IN FEET ORT WORT City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 SANITARY SEWER REHABILITATION OF T CONTRACT 107 �P; ��STfR {y PARCEL NO. 21 PE CITY PROJ. NO. 102782 ?:' .... ..:..... PERMANENT SANITARY SEWER EASEMENT • OWNER: JUDY BUTTS CU TIS SMITH SURVEY: LOT 9, BLOCK 12, RIDGLEA WEST ��`ESS4?Pc) LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 425 SQUARE FEET OR 0.010 ACRES S U WHOLE PROPERTY ACREAGE: 0.192 ACRES (CALCULATED) CURTIS SMITH JOB No. MVE_2201.00 DRAWN BY: PRL CAD FILE: 21 PE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 8, 2023 EXHIBIT B PAGE 1 OF 1 SCALE: 1" = 40' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768 City of Fort Worth, Texas Mayor and Council Communication DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0083 LOG NAME: 21CONDEMN 102782 P21 SS CONTRACT 107 JUDY BUTTS SUBJECT (CD 3)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.010 Acres in Permanent Sanitary Sewer Easement from Real Property Owned by Judy Butts, Located at 7309 Davenport Avenue, Fort Worth,Tarrant County,Texas,for the Sanitary Sewer Rehabilitation Contract 107 Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City of Fort Worth and the property owner to acquire permanent sanitary sewer facility easement in approximately 0.010 acres from real property owned by Judy Butts, located at 7309 Davenport Avenue, Fort Worth,Tarrant County,Texas 76116 in the Ridglea West Addition, Lot 9 Block 12, Fort Worth, 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 107 Project(City Project No. 102782); 3. Adopt the attached resolution authorizing the City 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 107 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 on L-3100. An independent appraisal established the fair market value for the property interest(shown below)in the amount of$2,231.00. 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 permanent sewer easement interest on the property. Parcel No. Legal Description Acreage/Property Interest 21 Ridglea West Addition, Block 12,Lot 9,City of Fort Worth,Tarrant CountyFoo 1 0/Permanent Sanitary Sewer 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 0.010 acres in permanent sanitary sewer easement from real property owned by Judy Butts.The land rights in the subject property are needed for the Sanitary Sewer Rehabilitation Contract 107 project,a public use that will repair damaged sewer lines,allow better flow within the sewer pipes and help prevent sewer backups on L-3100.The property is located at 7309 Davenport Avenue in the Ridglea West Addition, Block 12, Lot 9,City of Fort Worth, Tarrant County.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 is budgeted in the W&S Capital Projects Fund for the purpose of funding the Sanitary Sewer Rehabilitation Contract 107 project,as appropriated. This property is located in COUNCIL DISTRICT 3. 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 107 project to support the approval of the above recommendations and acquisition of easement. Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bv: Dana Burghdoff 8018 Originating Business Unit Head: Ricardo Salazar 8379 Additional Information Contact: Niels Brown 5166 Austin DeGuire 2311