Loading...
HomeMy WebLinkAboutResolution 5910-02-2024A Resolution NO. 5910-02-2024 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 February 27, 2024, in M&C 24-0158, ordered and decreed that a public necessity existed to acquire .034 acres in permanent sewer facility easements from real property located at 712 and 716 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lots 83 and 84, 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 owner, Monica Martinez, were unsuccessful due the inability to negotiate agreeable terms for the property interests being acquired by the City of Fort Worth; and WHEREAS, on this 271 day of February, 2024 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 .034 acres in permanent sewer facility easements from real property owned by Monica Martinez. 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 712 and 716 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lots 83 and 84, 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 Crain, 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 271" day of February 2024. ATTEST: By: (I Jannette S. Goodall, City Secretary EXHIBIT "AII EAST ARLINGTON AVENUE HYDE PARK ADDITION VOL. 63. PG. 91 P.R.T.C.T. MONICA MARTINEZ INT. D206322123 D.R.T.C.T. I I I LOT 82 I LOT 83 I LOT 84 I LOT 85 BLOCK 4 , 712 E. ARLINGTON AVE. LE.••� F T Q..•G` ST�4,•.Fa.. '� : �„ � FO•t9N .........................t.. PHILIP B. WOLTERS •. Y... w...m......wt.. 'sq 5894 �r S76°26'58"E 50.00' �••'9��sst°�Po� 9��•SUF2`1�� N13°33'02"E S13°33'02"W _ 15.00' 35' WIDE SANITARY 15.00' l j SEWER EASEMENT z f�..L.�_ N76°26'58"W PHILIP B. W LTERS N76°26'S8"W 50.00' .50.001 a► REGISTERED PROFESSIONAL LAND SURVEYOR I12'CIRF LOT 91 POINT OF (TCS 4277J LOT 90 NO.5894 NEEL-SCHAFFER, INC FIRM REGISTRATION NO.10021800 BEGINNING LOT 89 DATE: 2/2/2021 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: MONICA MARTINEZ RECORDING: INST. No. D206322123 DEED RECORDS, TARRANT COUNTY, TEXAS (DRTCT) 0 10 20 LEGAL: LOT 83, 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 1"=20' P;\MAS\Hyde Pork \Easements\Hlock 4\/12 Arlington-LOL aJ-MarilneZ-Jb rsmi.agn EXHIBIT "B" CITY OF FORT WORTH 15' WIDE SANITARY SEWER EASEMENT 750.000 SQUARE FEET BEING a portion of a Lot 83, Block 4, Hyde Park Addition, recorded in Volume 63, Page 9 Plat Records, Tarrant County, Texas (PRTCT), and conveyed by deed to Monica Martinez recorded under Instrument Number D206322123 Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southeast corner of said Lot 83, same being the southwest corner of Lot 84, Block 4 of said Hyde Park Addition, that bears North 76 degrees 26 minutes 58 seconds West, a distance of 50.00 feet from a found 1/2 inch iron rod for the southeast corner of said Lot 84; THENCE North 76 degrees 26 minutes 58 seconds West, along the south line of said Lot 83, same being the north line of Lot 90, Block 4, of said Hyde Park Addition, a distance of 50.00 feet to a point for the southwest corner of said Lot 83, same being the southeast corner Lot 82, Block 4, of said Hyde Park Addition, for easement corner; THENCE North 13 degrees 33 minutes 02 seconds East, along the west line of said Lot 83, same being the east line of said Lot 82, a distance of 15.00 feet to a point for easement corner; THENCE South 76 degrees 26 minutes 58 seconds East, departing said common line, a distance of 50.00 feet to a point in the east line of said Lot 83, same being the west line of said Lot 84 for easement corner; THENCE South 13 degrees 33 minutes 02 seconds West, along said common line, a distance of 15.00 feet to the POINT OF BEGINNING and containing 750.000 square feet or 0.017 acres of land. P:\MAS\Hyde ParkTasements\13lock 4\712 Arlington -Lot 83-Martinrz-SS Esmt-Description.doc EXHIBIT "A" EAST ARLINGTON AVENUE 1/0 CIRF (4277) HYDE PARK ADDITION VOL. 63. PG. 9 P.R.T.C.T. MONICA MARTINEZ INT. D211284328 D.R.T.C.T. BLOCK 4 LOT 83 I LOT 84 I LOT 85 716 E. ARLINGTON AVE. I I ��..OF,..T� * .. ......................*.. PHILIP B. WOLTERS S76°26'58"E 50.00' ..Yo..•.........�o 'sA 894 5Pr N13033'02"E S13°33'02"W <q�°Fess�°?'o� 15.00' 15W1DE SANITARY 15.00' - SEWER EASEMENT / — PHILIP B. JLTERS N76626'58"W 50.00' I/0CIRF (TCS 4277) REGISTERED PROFESSIONAL LAND SURVEYOR NO.5894 LOT 90 POINT OF LOT 89 BEGINNING LOT 88 FIRM REGISTRATION NO.10021800 DATE: 2/2/2021 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: MONICA MARTINEZ RECORDING: INST. No. D211284328 DEED RECORDS, TARRANT COUNTY, TEXAS (DRTCT) 0 10 20 LEGAL: LOT 84, 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 1, SUITE 120 ARLINGTON, TEXAS 76006 PHONE: 817-548-0696 1"=20' P;\MAS\Hyde Pork\Easements\Block 4\716 Arlington -Lot 54-Martinez-SS Lsmt.dgn .. I 1 1.3 V"14 CITY OF FORT WORTH 15' WIDE SANITARY SEWER EASEMENT 750.000 SQUARE FEET BEING a portion of a Lot 84, Block 4, Hyde Park, Addition, recorded in Volume 63, Page 9 Plat Records, Tarrant County, Texas (PRTCT), and conveyed by deed to Monica Martinez, recorded under Instrument Number D211284328 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 capped "TCS 4277" for the southeast corner of said Lot 84, same being the southwest corner of Lot 85, Block 4 of said Hyde Park Addition; THENCE North 76 degrees 26 minutes 58 seconds West, along the south line of said Lot 84, same being the north line of Lot 89, Block 4, of said Hyde Park Addition, a distance of 50.00 feet to a point for the southwest corner of said Lot 84, same being the southeast corner of Lot 83, Block 4, of said Hyde Park Addition, for easement corner; THENCE North 13 degrees 33 minutes 02 seconds East, departing said common line, and along the west line of said Lot 84, same being the east line of said Lot 83, a distance of 15.00 feet to a point for easement corner; THENCE South 76 degrees 26 minutes 58 seconds East, departing said common line, a distance of 50.00 feet to a point in the common line of said Lots 84 and 85, for easement corner; THENCE South 13 degrees 33 minutes 02 seconds West, along said common line, a distance of 15.00 feet to the POINT OF BEGINNING and containing 750.000 square feet or 0.017 acres of land. P:\MAS\Hyde Park\EasementABlock 4\716 Arlington -Lot 84-Martinez-SS Esmt-Description.doc 021PMD 102651 PSFE P8 & P9 CONDEMNATION MAP N SANITARY SEWER REHABILITATION CONTRACT 100 W7 E (CITY PROJECT No. 102651) COUNCIL DISTRICT Kit; 11 S Hyde Park Addition .Legend I I 1 Block 4 Lot 83 & Block 4 Lot 84 0 0 Lot 83 & 84 Tract Overlay 712 E Arlington Ave & 716 E Arlington Ave Permanent Sewer Facility Easement (PSFE) A 7 reel 8 'Parcel *LOCATION OF BOUNDARY IS APPROXIMATE. PSFE = 0.034 Acres * = Project Site ra Watauga Saginaw Blue Mound North Richland t Ii Worth Haltom City Sansorn Park tz-: River Oaks e Settlement Fort Worth Copyright 2017 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. FORT WORTH® City of Fort Worth, Mayor and Texas Council Communication DATE: 02/27/24 M&C FILE NUMBER: M&C 24-0158 LOG NAME: 21CONDEMN 102651 P8 & P9 MARTINEZ 712 & 716 E ARLINGTON SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.034 Acres in Permanent Sewer Easements from Real Property Owned by Monica Martinez, Located at 712 and 716 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lots 83 and 84, 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 0.034 acres in permanent sewer easements from real property owned by Monica Martinez, located at 712 and 716 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lots 83 and 84, 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 interests 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 interests 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 $5,000.00. 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 I Legal Description I Acreage / Property No. Interest 712 E. Arlington Avenue, Hyde 0.017 Acres / Permanent F8 � Park Addition, Block 4, Lot 83 Sewer Facility Easement 716 E. Arlington Avenue, Hyde Park Addition, Block 4, Lot 84 J 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 .034 acres in permanent sewer facility easements from real property owned by Monica Martinez. 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 712 and 716 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lots 83 and 84, 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 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 by; Dana Burghdoff 8018 Originating Business Unit Head: Ricky Salazar 8379 Niels Brown 5166 Additional Information Contact: Armando Calva 2570 Brenda Oropeza 8271