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