HomeMy WebLinkAboutResolution 5935-04-2024A Resolution
NO.5935-04-2024
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 April 9, 2024, in M&C 24-0286, ordered and decreed that a
public necessity existed to acquire 0.032 acres of land in permanent drainage easement, from real property
located at 4911 Hampshire Blvd in the Tandy & Wakefield Addition, an Addition to the City of Fort
Worth, Block 1, Lot 37, 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 House Street Storm Drain Rehabilitation (the "Project");
the land rights in the Property are needed for upgrades and repairs of existing storm drain pipe
that runs through the residential lots;
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, Juan Armando
Gallardo were unsuccessful due to lack of response from the property owner for the property interest being
acquired by the City of Fort Worth; and
WHEREAS, on this 9th day of April, 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 0.032 acres in permanent drainage easement from real property owned by
Juan Armando Gallardo. The land rights in the subject property are needed for the House Street Storm
Drain Rehabilitation project, a public use that will repair existing storm drain pipe that runs through the
rear of residential lots. The property is located at located at 4911 Hampshire Blvd in the Tandy &
Wakefield Addition BIock 1, Lot 37, 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 Bevins, 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 9t' day of April 2024.
ATTEST:
By:
Jannette S. Goodall, City Secretary
EXHIBIT A
CITY OF FORT WORTH
20' WIDE PERMANENT DRAINAGE EASEMENT
13,431.156 SQUARE FEET
BEING a portion of a Lot 37, Block 1, W.R. Tandy & M.E. Wakefield Addition,
recorded in Volume 309, Page 61 Plat Records, Tarrant County, Texas (PRTCT), and
conveyed by deed to Juan Armando Gallardo recorded under Instrument Number
D207282430 Deed Records, Tarrant County, Texas (DRTCT), and being more
particularly described by metes and bounds as follows:
COMMENCING at a found 1 inch iron pipe for the northeast comer of said Lot 37,
same being the northwest corner of Lot 1 & Lot 2 of Perkins -Johnson Addition, recorded
in Volume 1808, Page 475 DRTCT;
THENCE South 89 degrees 21 minutes 38 seconds West, along the north line of said
Lot 37, a distance of 8.05 feet to the POINT OF BEGINNING;
THENCE South 55 degrees 15 minutes 46 seconds West, departing said north line, a
distance of 73.36 feet to a point for easement corner;
THENCE South 63 degrees 13 minutes 59 seconds West, a distance of 19.27 feet to a
point in the west line of said Lot 37, same being the east line of Lot 36, Block 1, of said
W.R. Tandy & M.E. Wakefield Addition for easement comer;
THENCE North 00 degrees 38 minutes 22 seconds West, along said common line, a
distance of 22.28 feet to a point for easement corner;
THENCE North 63 degrees 13 minutes 59 seconds East, departing said common line, a
distance of 8.07 feet to a point for easement corner;
THENCE North 55 degrees 15 minutes 46 seconds East, a distance of 42.42 feet to a
point in said north line for easement corner;
THENCE North 89 degrees 21 minutes 38 seconds East, along said north line, a
distance of 35.68 feet to the POINT OF BEGINNING and containing 1,431.156 square
feet or 0.032 acres of land.
FAFort Worth\House Street Easements\FASEMENTS\GALLARDQ-Lot 37-Storm Drain Easement-Description.doc
EXHIBIT B - LOT 9 _ LOT 8
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W.R. TANDY & M.E. WAKEFIELD
ADDITION
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HAMPSHIRE BLVD
CITY OF FORT WORTH
20'WIDE PERMANENT DRAINAGE EASEMENT
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UTILITY EASEMENTVOL. 1808, PG. 475 11PRTCT
Ii Lj4911HAMPSHIREBLVD.
OWNER: JUAN ARMANDO GALLARDO I
RECORDING: INSTRUMENT NO. D207282430 DEED RECORDS, TARRANT COUNTY, TEXAS (DRTCT)
LEGAL: LOT 37, BLOCK 1, W.R. TANDY & M.E. WAKEFIELD ADDITION, VOLUME 309, PAGE 61 PRTCT
DRAINAGE EASEMENT AREA: 1,431.156 S.F./ 0,032 AC.
NEEL-SCHAFFER INC. 2501 AVENUE J, SUITE 120 ARLINGTON, TEXAS 76006 PHONE: 817-548-0696
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REGISTERED PROFESSIONAL LAND SURVEYOR
NO. S894
SCALE IN FEET NEEL-SCHAFFER, {NC
1"-100' FIRM REGISTRATION NO, 10021900
DATE: 1/31/2023
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/09/24 M&C FILE NUMBER: M&C 24-0286
LOG NAME: 21CONDEMN 103078 P10 HOUSE STREET STORM DRAIN REHAB
SUBJECT
(CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.032 Acres in Permanent Drainage Easement from Real
Property Owned by Juan Armando Gallardo, Located at 4911 Hampshire Boulevard in the Tandy & Wakefield Addition, Block 1, Lot 37, Tarrant
County, Texas, for the House Street Storm Drain Rehabilitation 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 0.032 acres in permanent drainage easement
from real property owned by Juan Armando Gallardo, located at 4911 Hampshire Boulevard in the Tandy & Wakefield Addition, Block 1,
Lot 37, Tarrant County, Texas, were unsuccessful due to the lack of response from the property owner,
2. Declare the necessity to acquire the described property interest for the House Street Storm Drain Rehabilitation project (City Project No.
103078);
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
B. Authorize the City Manager or his designee to accept and record the appropriate instruments.
DISCUSSION:
The properly rights in the subject property are needed for rehabilitation of an existing storm drain pipe that nuns through the rear of the residential
lots from Hampshire Blvd to Panola Ave for the House Street Storm Drain Rehabiltation project (City Project No. 103078).
An independent appraisal established fair market value for the property interest (shown below) in the total amount of $5,471.00. Negotiations
were unsuccessful due to the lack of response from the property owner.
Upon approval, a condemnation action will be brought and a Special Commissioners hearing held to acquire the easement interest on the
property.
Parcel
No.
Legal Description
Acreage 1 Property
Interest
ElTandy
& Wakefield Addition, Block 1,
0.032 Acres 1 Permanent
Lot 3 Tarrant County, Texas
Drainage 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 0.032 acres in permanent
drainage easement from real property owned by Juan Armando Gallardo. The subject property is located at 4911 Hampshire Boulevard in the
Tandy & Wakefield Addition, Block 1, Lot 37, Tarrant County, Texas. The property rights in the subject property are needed to repair an existing
storm drain pipe that runs through the rear of the residential lots from Hampshire Blvd to Panola Ave for the House Street Storm Drain
Rehabiltation project (City Project No. 103078). 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 Stonnwater Rev Bonds 2020 Fund for the TPW Dept Highway & Streets Department for the purpose of funding the
House Street Storm Drain Rehab project, as appropriated.
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 1 CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Rev Bonds
2020 Fund for the House Street Storm Drain Rehab project to support the approval of the above recommendations and acquisition of the
easement. Prior to any expenditure being incurred, the Transportation and Public Works and Property Management Departments have the
responsibility to validate the availability of funds.
Submitted for City Manager's
Office bIL
Dana Burghdoff
8018
Originating Business Unit
Head:
Marilyn Marvin
7708
Additional Information Contact: Ricardo Salazar 8379
Niels Brown 9424