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HomeMy WebLinkAboutResolution 5924-03-2024A Resolution NO.5924-03-2024 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 March 26, 2024, in M&C 24-0250, ordered and decreed that a public necessity existed to acquire 0.0172 acres of land in permanent sanitary sewer easements, from real property located at 3505 5th Avenue in the Silver Lake Addition, an Addition to the City of Fort Worth, Block 20, Lot E, 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 118 (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, Thomas W Woodrow, (Deceased) were unsuccessful due the inability to establish ownership for the property interest being acquired by the City of Fort Worth; and WHEREAS, on this 26a` day of March 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 0.0172 acres in permanent sanitary sewer easement from real property owned by Thomas W. Woodrow, (Deceased). The land rights in the subject property are needed for the Sanitary Sewer Rehabilitation Contract 118 project, a public use that will repair damaged sewer lines, allow better flow within the sewer pipes and help prevent sewer backups. The property is located at located at 3505 5th Avenue in the Silver Lake Addition, Block 20, Lot E, 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 Nettles, 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 26th day of March 2024. ATTEST: .b Op A p . By:v 0 0 Jannette S. Goodall, City Secretary ��,°°°_ _°q°� CPN 102789 SS Rehabilitation Contract 118 - 3505 5th Ave P 21 Condemnation Map Council *Location of Boundary is Approximate P21 PSSE = .0172 Acres y •��vr* n� iaiW iapH � * = Project Site District 11 we. Cop yrighl 2017 City of Fort Worth, Unauthorized reproduction Is a viniat-, of applicable laws. This product is for informational purposes and may not have been prepared for of be suitable for legal. engineering, or surveying purposes. it does not represent an on -the -ground Survey and represent$ only the approvmete relative location of propany boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data FORT WORTH. EXHIBIT "A" PERMANENT SEWER FACILITY EASEMENT EP PARRIS SURVEY, ABSTRACT NUMBER 1222 BLOCK 20, SILVER LAKE ADDITION, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a 0.0172 acre tract of land located in the EP Parris Survey, Abstract Number 1222, City of Fort Worth, Tarrant County, Texas, said 0.0172 acre tract being a portion of the MIDDLE 1/3 OF THE WEST 1/2 OF BLOCK 20, SILVER LAKE ADDITION, being an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof filed for record in Volume 204, Page 36, Plat Records, Tarrant County, Texas, said 0.0172 acre tract also being a portion of a certain tract of land conveyed to WOODROW W. THOMAS, by deed thereof filed for record in Tarrant County Clerk's Instrument Number (Ins. No.) D206162288, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0172 acre tract being more particularly described by the metes and bounds as follows: COMMENCING at a 1/4" iron rod found at the northwest property corner of the said Thomas tract, same being the southwest property corner of that certain tract of land conveyed to Phon Oeur and Chhon Dith, by deed thereof filed for recorded in Ins. No. D188513225, O.P.R.T.C.T., said commencing point also being on the east right-of-way line of 5th Avenue (being a 50 feet wide public right-of-way); THENCE North 89°39'46" East, along the north property line of the said Thomas tract, and along the south property line of the said Oeur tract 91.01 feet to the POINT OF BEGINNING of the herein described tract of land, said beginning point having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 6,939,012.62 and E: 2,325,624.29; THENCE North 89°39'46" East, continuing along the said property lines, 15.00 feet to a point from which the northeast property corner of the said Thomas tract, bears North 89°39'46" East, 1.49 feet; THENCE South 00°20'14" East, over and across the said Thomas tract, 50.00 feet to a point on the south property line of the said Thomas tract, same being the north property line of that certain tract of land conveyed to Hector Rodriguez and Ana E. Rodriguez, by deed thereof filed for record in Ins. No. D2012229604, O.P.R.T.C.T., from which the southeast property corner of the said Thomas tract, bears North 89°39'46" East, 1.49 feet; THENCE South 89"39'46" West, along the said property lines, 15.00 feet; THENCE North 00°20'14" West, over and across the said Thomas tract, 50.00 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0172 acres (750 square feet) of land, more or less. The bearings and coordinates recited hereinabove are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, adjustment realization 2011. Area and distances recited hereinabove are surface. I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. 03-29-23 r E OF T Y k ERIC S. SPOONER ) 11 5922 If ti°yes y01/ r� Er Erl ooner, RPLS Spooner & Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 EXHIBIT "A" — Permanent Sanitary Sewer Easement— THOMAS — PAGE 1 of 2 Spooner & Associates, Inc„ 309 Byers Street, Suite 100, Euless, Texas 76039 - PH, 817-685-8448 - espooner@spoonersunreyors.com - S&A 21152 P-2I NOTE: BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202, ADJUSTMENT REALIZATION 2011. DISTANCES AND AREAS SHOWN ARE SURFACE. W. BIDDISQN STREET {VARIABLE WIDTH PUBLIC RIGHT OF -WAY) 0' 10, 20' OWNER GRAPHIC SCALE IN FEET PHON OEUR and cHHON DITH - 20 INS. NO. D188513225 O.P.R.T.C.T. EXHIBIT "B " SEE ATTACHED METES 8 BOUNDS DESCRIPTION ON PAGE 1 HEREIN Ep PARAOS su[qdgy Ass VAC r a®, R.O.W. POINT OF MENCING 1/4" IRF N89°3946"E - 91.01' L5 L1 PROPERTY LINE POINT OF i MIDDLE 1/3 OF THE BEGINNING WEST 112 OF BLOCK 20 N: 6,939,012.62 Q SILVER LAKE ADDITION E: 2,325,624.29 15.0' -� oVOLUME 204, PAGE 36 (NAD83 - GRID) P.R.T.C.T. x OWNER W WOODROW W. THOMAS NzIl -` INS. NO. D206162288 PERMANENT SEWER- , a O.P.R.T.C.T. `� FACILITY EASEMENT �- Lu 3505 5TH AVE. 0.0172 ACRES (750 S.F.) I I I PROPERTY LINE --., L3 16 LINE TABLE NO. DIRECTION DIST. NO, DIRECTION N00°2014'W N89°39'46"E DIST. 50.00' 1.49' Li N89°39'46"E 15.00' L4 L2 S00°20'14"E 50.00' L5 15.00' L6 L3 S89°39'46'W N89°39'46"E 1,49' EXHIBIT "B" PERMANENT SEWER FACILITY EASEMENT EP PARRIS SURVEY, ABSTRACT NUMBER 1222 BLOCK 20, SILVER LAKE ADDITION, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PROPERTY: MIDDLE 1/3 OF THE WEST 112 OF BLOCK 20, SILVER LAKE ADDITION, VOLUME 204, PAGE 36, P,R.T.C.T. 21152_P21_ WOODROW.dwg OWNER HECTOR RODRIGUEZ and ANA E. RODRIGUEZ INS. NO. D201229604 O.P.R.T.C.T. SPOONER& A§§OCIATESs 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039 (817)685-8448 WWW.SPOONERSLIRVEYORS.COM TBPLS FIRM NO. 10054900 O z� 0 C3 v� LLJ ZE 04 CLu ) QZO r vj wz :- 2 0 Q z�N zz 0�1� �OQoCi z¢oa CD ty �LLJ w az 0 -� x IL w 03-29-23 r- E OF P �1 P� S TER F+ 1 I Q� * �Ln 1 I 1 ERIC S. SPOONER > �1 5922 f� y �FEs ��' 03l29/2023V I CHECKED BY: E. SPOONER I EXH "B _ THOMAS -- PG. 2 OF 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0250 LOG NAME: 21CONDEMN 102789 P21 SS CONTRACT 118 WOODROW SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.0172 Acres in Permanent Sewer Easement from 'Real Property Owned by Thomas W. Woodrow, (Deceased), Located at 3505 5th Avenue, Fort Worth, Tarrant County, Texas, for the Sanitary Sewer Rehabilitation Contract 118 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 0.0172 acres in permanent sanitary sewer facility easement from real property owned by Thomas W. Woodrow, (Deceased), located at 3505 5th Avenue, in the Silver Lake Addition, Block 20, Lot E, Tarrant County, Texas, were unsuccessful due to the inability to establish ownership; 2. Declare the necessity to acquire the described property interest for the Sanitary Sewer Rehabilitation Contract 118 project (City Project No. 102789); 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 118 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-1457. An independent appraisal established fair market value for the property interest (shown below) in the total amount of $4,500.00. Negotiations were unsuccessful due to the inability to obtain clear title for the property interest needed for the project. Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the permanent sewer easement interest on the property. Improved Subject Property (Parcel NoA Legal Description !I Acreage 1 Property Interest 11 21 IlSilver Lake Addition, Block 20, Lot E, City of Fort Worth, Tarrant County 0.0172 Acres 1 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 118 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 0.0172 acres in permanent sewer easement from real property owned by Thomas W. Woodrow, (Deceased). The property interest is needed for the Sanitary Sewer Rehabilitation Contract 118 project, a public use proposed future easement that will repair damaged sewer lines, allow better flow within the sewer pipes and help prevent sewer backups be on L-1457. The property rights in the subject property are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent sewer line facility as needed. The property is located at 3505 5th Avenue, in the Silver Lake Addition, Block 20, Lot E, 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 properly 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 1 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 118 project to support the approval of the above recommendations and acquisition of the easement. 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 O ce b : Dana Burghdoff 8018 Originating Business, Unit Head: Ricardo Salazar 8379 Additional Information Contact: Janice Holmes 6349 Niels Brown 9424