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Home My WebLink AboutResolution 5982-06-2024A Resolution NO.5982-06-2024 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 June 25, 2024 in M&C 24-0577, ordered and decreed that a public necessity existed to acquire .004 acres in permanent sewer facility easements from real property located at 2321 Emily Dr in the Forty Oaks Addition, Block 1, Lot 5, 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 90 Part 2 (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, Isabel Flores and Arcelia Flores, 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 25t" day of June 2024 at a regular meeting of the Fort Worth City Council, upon Motion of Counciimember Martinez, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire .004 acres in permanent sewer facility easements from real property owned by Isabel Flores & ArceIia Flores The property is needed for the Sanitary Sewer Rehabilitation Contract 90 Part 2 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 2321 Emily Dr in the Forty Oaks Addition, Block 5, Lots 1, 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 Beek, 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 25th day of June 2024. ATTEST: By: Jannette S. Goodall, City Secretary MAYOR AND COUNCIL COMMUNICATION MAP COUNCIL DISTRICT 11 2321 EMILY DRIVE - CFW PROJECT NO. CO2382-2 SANITARY SEWER REHABILITATION CONTRACT 90 PART 2 AL -17 F JIF • 4X7.' 4, R' Premises: 2321 Emily Drive Fort Worth, TX 76112 FL-Aime. _ 1. �•� ��-^.L'' _ Ara rsi"• ■ a, Permanent Sanitary Easement N Ott Tarrant County A Parcel No.14 Forty Oaks Addition. Lot 4, Block 1 n 50 too Feet Copyright Cci 2024 City of Fort Worth. Unauthorized reproductinn is a violation of applicable laws. This data is to be used for graphical representation only. The FORT WORM, accuracy is not to be takenlused as data produced for engineering purposes or by a registered professional land surveyor. The City of fort Worth assumes no responsibility for the accuracy of said data. General Location SANITARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO.02382 PARCEL No. 14 PE 2321 EMILY DRIVE LOT 5, BLOCK 1, FORTY OAKS EXHIBIT "A" Being a permanent sewer facility easement out of Lot 5, BIock I of Forty Oaks, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-G, Page 77 of the PIat Records of Tarrant County, Texas, said Lot 5 being deeded to Isabel Flores and Arcelia Flores as recorded in Volume I6297, Page 29 of the Deed Records of Tarrant County, Texas, said permanent sewer facility easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the northeast corner of Lot 16 of said Block 1, said 112 inch iron rod being the intersection of the south right-of-way line of Meadowbrook Drive (70' width right-of-way) with the west right-of-way line of Maryel Drive (50' width right-of-way), from which a 314 inch iron rod found for the northwest corner of said Lot 16 bears South 89 degrees 26 minutes 56 seconds West, a distance of 24.60 feet and a chord bearing of South 85 degrees 13 minutes 56 seconds West, a distance of 105.74 feet, said 3/4 inch iron rod being the northeast corner of Lot 2 of said Block 1, said 3/4 inch iron rod also being in the south right-of-way line of said Meadowbrook Drive; THENCE, South 00 degrees 09 minutes 04 seconds East, with the east line of said Block 1 and with the west right-of-way line of said Maryel Drive, a distance of 320.60 feet to a point for the for the southeast corner of Lot 20 of said Block 1, said point being the northeast corner of Lot 21 of said Block 1; THENCE, South 89 degrees 50 minutes 56 seconds West, with the south line of said Lot 20 and with the north line of said Lot 21, a distance of 130.00 feet to a point for the southeast corner of said Lot 5, being the southwest corner of said Lot 20, being the northwest corner of said 21 and also being the northeast corner of Lot 6 of said Block 1; THENCE, South 89 degrees 50 minutes 48 seconds West, with the south Iine of said Lot 5 and with the north line of said Lot 6, a distance of 5.00 feet to the POINT OF BEGINNING of the herein described permanent sewer facility easement, said point being in the west line of a 10' Utility Easement as recorded in Volume 388-G, Page 77 of said Plat Records of Tarrant County, Texas; THENCE South 89 degrees 50 minutes 48 seconds West, with the south Iine of said Lot 5 and with the north line of said Lot 6, a distance of 5.00 feet to a point for corner; THENCE North 00 degrees 09 minutes 04 seconds West, a distance of 5.60 feet to a point for corner; THENCE South 88 degrees 57 minutes 34 seconds East, a distance of 2.93 feet to a point for corner; THENCE North 00 degrees 32 minutes 39 seconds East, a distance of 14.32 feet to a point for corner; THENCE North 88 degrees 57 minutes 34 seconds West, a distance of 3.10 feet to a point for corner; THENCE North 00 degrees 09 minutes 04 seconds West, a distance of 18.02 feet to a point for corner; Exhibit "A" Page 1 of 2 SANITARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO.02382 PARCEL No. 14 PE 2321 EMILY DRIVE LOT 5, BLOCK 1, FORTY OAKS THENCE North 89 degrees 54 minutes 04 seconds East, a distance of 3.12 feet to a point for corner; THENCE North 00 degrees 08 minutes 49 seconds East, a distance of 20.28 feet to a point for corner; THENCE South 89 degrees 54 minutes 04 seconds West, a distance of 3.23 feet to a point for corner; THENCE North 00 degrees 09 minutes 04 seconds West, a distance of 1.78 feet to a point for corner in the north line of said Lot 5, said point being in the south line of Lot 4 of said Block i; THENCE North 89 degrees 50 minutes 47 seconds East, with the north line of said Lot 5 and with the south line of said Lot 4, a distance of 5.00 feet to a point for corner in the west line of said 10' Utility Easement; THENCE South 00 degrees 09 minutes 04 seconds East, with the west line of said 10' Utility Easement, a distance of 60.00 feet to the POINT OF BEGINNING and containing 192 square feet or 0.004 acres of land, more or less. Notes: (1) A plat of even survey date accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD- 83, The North Central Zone 4202, all distances and areas shown are surface. (3) Surveyed on the ground January 23, 2015, Date: December 15, 2021 4, Join L. Cooper i Registered Professional Land Surveyor No. 5254 Gorrondona & Associates, Inc. 2800 N.E. Loop 820, Suite 660 Fort Worth, Texas 76137 Texas Firm No. 10106900 Exhibit "A" Page 2 of 2 EXHIBIT 99L1 =� PARCEL No. 14 PE NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. 3. SURVEYED ON THE GROUND DATE JANUARY 23, 2015 TANCE L-1 S 69'26'56'W 24.60' L1NE TABLE LINE BEARING DIS fl�l'iT1�iRI� [mil:Uhl■:�:1r711b11r]�Sl:>l�:%3i�CrI:CI:iT7�':11iI�3irT.Crl,T_rl>C�I`.i�IGTu'��CLL�il� INA me ( \W0 !-� pRv ,E oweR00y, o�_W0 7 o O , FOUND 3/4" AA 0-1 IRON ROD r_�1r-� P. 0. C. FouNn 1/z• IRON ROD LLn pill D �L I � LOT OAKS G FORTY 388' 16 f w Q > � Q W � yo L PAG•c•ET7 T , II I 10' UTILITY EASEMENT I VOLUME 388—G, PAGE 77 I P.R.T.C.T. � o � I p Q � > o R• P• 1 LOT 2 L1Q � LOT 1 W 40 20 0 40 1 I I I LOT 3 LOT 18 SCALE IN FEED � I � MA TCHLINE "A " oar WoU City of Fort Worth 200 TEXAS STREET FART WORTH, TEXAS 76102 SANITARY SEWER REHABILITATION, CONTRACT 90 kS T R` PARCEL NO. 14 PE CITY PROJ. NO. 023$2'9iP PERMANENT SEWER FACILITY EASEMENT JON L. COOPER OWNER: ISABEL FLORES & ARCELlA FLORES r ;•,� 5254 �t� ADDITION: LOT 5, BLOCK 1, FORTY OAKS -y •�p�.� S,o�a?� LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISfflON AREA: 192 SQUARE FEET OR 0.044 ACRES WHOLE PROPERTY ACREAGE: 7,894 SQUARE FEET OR 6.1$1 ACRES CALCULATED JON L. COOPER JOB N0, HAZE_1401.D0 DRAWN BY: BM CAD FILE- HAZE3401_PAR 14.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: OECEMBER 15, 2021 EXHIBIT 8 PAGE 1 OF 3 SCALE: 1" - 40' INC. 5254 TEXAS FIRM Na. 10106900 GORRON00NA do ASSOCIATES. INC. 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1788 EXHIBIT "B " PARCEL No. 14 PE MA T CHLINE "A " BEARING DESTANCE L-2 S 89'50 48ik 5.00 UNE TABLE LINE LOT 3 LOT 4 W 7 LOT � � I I r C7 SEE DETAIL "A" � LOT 5 J � ISABEL FLORES � ARCELIA FLORES W o VOLUME 16297, PAGE 29 o D.R.T.C.T. s P.D.B. BLOCK 1 FORTY OAKS VOLUME 388—G, PAGE 77 � LOT 18 LOT 19 10' UTILITY EASEMENT VOLUME 388—G, PAGE 77 p.R.T.C.T. LOT S 89'50'56`W 130.00' LOT 21 I 10' UTILITY EASEMENT I VOLUME 388-0, PAGE 77 I P.R.T.C.T. I nT 7 LOT 22 NOTES; 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, 7H£ NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 3. SURVEYED ON THE GROUND DATE JANUARY 23, 2015 40 20 0 40 SCALE IN FEET oar wo�r City o f Fort Worth 200 TEXAS STREET FORT WORTH, TEXAS 76102 SANITARY SEWER REHABILITATION,OF CONTRACT 90�GN TF �:' � � � -• La1 JON L. COOPER r 5254 '•'��o aP�='� (� '•••r••••••' � •�' lfF7v. � PARCEL N0. 14 PE CITY PROJ. N0. 02382 PERMANENT SEWER FACILITY EASEMENT OWNER: ISABEL FLORES & ARCELIA FLORES ADDITION: LOT 5, BLOCK 1, FORTY OAKS LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 192 SQUARE FEET OR 0.004 ACRES WHOLE PROPERTY ACREAGE: 7,894 SQUARE FEET OR 0.181 ACRES (CALCULATED) JON L. COO ER REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5254 TEXAS FIRM Na. 10108900 JOB NO. HAZE_1401.00 DRAWN BY: BM CAD FILE: HAZE1401_PAR 14.DWG DATE; DECEMBER 15, 2021 EXHIBIT B PAGE 2 OF 3 SCALE: 1" m 40' GORRONDONA do ASSOCIATES, INC. 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-498-1424 FAX 817-496-1768 LINE TABLE LINE BEARING DISTANCE L-3 S 89'50 48"W 5.00 L-4 N 00'09'04"W 5.6o' L-5 S 88'57'34"E 2.93' L-6 N 00'32'39'E 14.32' L-7 N 88'57'34W 3.10' L-8 N 00'09'04*W 18.02' L 9 N B9'54'04"E 3.12' L-10 N 00'08'49"E 20.2B' L-11 S 89'54'04"W 3.23' L- 12 N 00'09'04'W 1.78' L-1 N 89'50'47"E 5.00 L-14 S OD'09'04"E 50.00' EXHIBIT "B " PARCEL No. 14 PE L-11 WOOD O GARAGE L-7 WOOD n SHED L-5 NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. 3. SURVEYED ON THE GROUND DATE JANUARY 23, 2015 DETAIL "A" w: NOT TO SCALE . P. D.B. oRT Worr City o f Fort Worth 200 TEXAS STREET • FORT WORTH, 7XAS 76102 SANI TAR Y SEWER REHABILITATION, OF T CONTRACT 90 PARCEL NO. 14 PE ICITY PROD. NO, 02382 PERMANENT SEWER FACILITY EASEMENT JON L. COOPER OWNER: ISABEL FLORES & ARCELIA FLORES ADDITION: LOT 5, BLOCK 1, FORTY OAKS ..�� 5254 Pvr aFE S 10? LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS .. ACQUISITION AREA: 192 SQUARE FEET OR 0,004 ACRES URA WHOLE PROPERTY ACREAGE: 7,894 SQUARE FEET OR 0.181 ACRES (CALCULATED) s JOB NO. HAZE-1401.00 DRAWN BY: BM CAD FILE: HAZE1401-PAR 14.DWG JON L. COOPER REGISTERED PROFESSIONAL LAND SURVEYOR DATE: DECEMBER 15, 2021 1 EXHIBIT B PAGE 3 OF 3 1 SCALE: NOT TO SCALE INO. 5254 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 817-496--1424 FAX 817-496--1768 City of Fort Worth, Mayor and Texas Council Communication DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0577 LOG NAME: 21CONDEMN P14 ISABEL & ARCELIA FLORES SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.004 Acres in Permanent Sewer Easement from Real Property Owned by Isabel Flores & Arcelia Flores. Located at 2321 Emily Dr in the Forty Oaks Addition, Block 1, Lot 5, Tarrant County, Texas, for the Sanitary Sewer Rehabilitation Contract 90 Part 2 Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owner to acquire 0.004 acres in permanent sewer easement from real property owned by Isabel Flores & Arcelia Flores, located at 2321 Emily Dr in the Forty Oaks Addition, Block 1, Lot 5, Tarrant County, Texas, were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City; 2. Declare the necessity to acquire the described property interest for the Sanitary Sewer Rehabilitation Contract 90 Part 2 (City Project No. CO2382); 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 90, Part 2) project as necessary. This rehabilitation project will be for public use to repair deteriorated sewer lines, allow better flow within the sewer pipes and help prevent sewer backups between Station 2+17 and Station 2+77 on L-3624. An independent appraisal established fair market value for the property interest (shown below) in the total amount of $480.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the property interest 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 interest on the property. Improved Subject Property (Parcel No.1 Legal Description Acreage / Property Interest 14 12321 Emily Dr, Forty Oaks Addition, Block 1, Lot 50.004 Acres / Permanent Sewer Facility Easement Funding is budgeted in the Water Department's W&S Capital Projects Fund for the purpose of funding the SS Rehab. Contract 90 Part 2 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 0.004 acres in pemtanent sewer easement from real property owned by Isabel Flores & Arcelia Flores. The property interest is needed for the Sanitary Sewer Rehabilitation Contract 90 Part 2 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 between Station 2+17 and Station 2+77 on L-3824. 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 properly is located at 2321 Emily Drive in the Forty Oaks Addition, Block 1, Lot 5, 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 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 INFORMATIONJ_CERTIICATION: 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 90 Part 2 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 Office by. Dana Burghdoff 8018 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Ricardo Salazar 8379 Armando Calva 2570