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:
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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
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* = Project Site
District 11
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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
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ERIC S. SPOONER )
11 5922 If
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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-
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O.P.R.T.C.T.
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FACILITY EASEMENT
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3505 5TH AVE. 0.0172 ACRES (750 S.F.)
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PROPERTY LINE --.,
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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
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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