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HomeMy WebLinkAboutResolution 5991-08-2024A Resolution NO.5991-08-2024 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 August 13, 2024, in M&C 24-0692, ordered and decreed that a public necessity existed to acquire 0.017 acres in permanent sewer facility easements from real property located at 620 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 77, 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, Joey Alexander Esquivel and Stephanie D. EsquiveI, 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 13`h day of August 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 eminent domain to acquire the following: • 0.005 acres in permanent sewer easement at 2333 Emily Drive in the Forty Oaks Addition, Block 1, Lot 7, Tarrant County, Texas owned by Maria G. Silva. • 0.006 acres in permanent sewer easement at 2405 Emily Dr in the Forty Oaks Addition, Block 1, Lot 9, Tarrant County, Texas owned by Ruben PadiIIa and Ana Padilla. The land rights in the subject properties are 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 interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to the Mayor and Council Communications; and • 0.017 acres in permanent sewer easement at 2620 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 77, Tarrant County, Texas owned by Joey Alexander Esquivel and Stephanie D. Esquivel. The land rights in the subject property are needed for the Sanitary Sewer Rehabilitation Contract 100 Project, a public use that will upgrade and repair the permanent sewer line facility. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to the Mayor and Council Communications. This motion indicates that the first record vote applies to all units of property to be condemned and the minutes shall reflect that the first vote applies to all those units." 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 13'' day of August 2024. ATTEST: By: U Jannette S. Goodall, City Secretary MAYOR AND COUNCIL COMMUNICATION MAP COUNCIL DISTRICT 11 620 E ARLINGTON AVENUE - CFW PROJECT NO. 102651 SANITARY SEWER REHABILITATION CONTRACT 100 N Tarrant County n Parcel No. P3 /V Hyde Park Addition, Lot 77, Block 4 0 50 100 Feet eza Copyright V 2024 City of Fort Worth. Unauthorized reproduction is a violation of , applicable laws. This data is to be used for graphical representation only. The FORT WO RT M , , accuracy is not to be taken/used 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 EXHIBIT "A" EAST ARLINGTON AVENUE HYDE PARK ADDITION VOL. 63. PG. 9 P.R.T.C.T. JOEY ALEXANDER ESQUIVEL INT.D221284299 D.R.T.C.T. E W z LOT 78B & 79A2 z Q N H LOT / 0 I LOT 77 BLOCK 4 620 E. ARLINGTON AVE. N13006'01"E S76'53'59"E 50.00' 15.00' 15' WIDE SANITARY SEWER EASEMENT LOT 78A & 79A1 cE..s PHILIPB. WOLTERS ..,,.... .....ti... 513°06'01"W ';�p •5$94 r' 15.00' �9• ops s+a;'•oQ e !/-IRF N76°53'59"W 50.00' f/2)RF REGISTERED PROFESSIONAL LAND SURVEYOR 894 POINT OF LOT 95 & WEST NO -SC LOT 97 BEGINNING LOT 96 NEL SCHAFFER, INC 12.5' LOT 94 FIRM REGISTRATIONON NO. 10023600 DATE: 7/11/2022 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: JOEY ALEXANDER ESQUIVEL RECORDING: INST. No. INT. D221284299 DEED RECORDS, TARRANT COUNTY, TEXAS (DRTCT) LEGAL: LOT 77, BLK 4, 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. NEEL-SCHAFFER INC. 2501 AVENUE J, SUITE 120 ARLINGTON, TEXAS 76006 PHONE: 817-548-0696 0 10 20 mmmmmL— SCALE IN FEET 1"-20' P:\MAS\Hyde Fork\Easements\Block 4\620 Ahington-Lot 77-Esquivef-SS Esmt.dgn EXHIBIT "B" CITY OF FORT WORTH 15' WIDE SANITARY SEWER EASEMENT 750.000 SQUARE FEET BEING a portion of a Lot 77, Block 4, Hyde Park Addition, recorded in Volume 63, Page 9 Plat Records, Tarrant County, Texas (PRTCT), and conveyed by deed to Joey Alexander Esquivel, recorded under Instrument Number D221284299 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 for the southwest corner of said Lot 77, same being the southeast corner of Lot 76, Block 4 of said Hyde Park Addition; THENCE North 13 degrees 06 minutes 01 seconds East, along the west line of said Lot 77, same being the east line of said Lot 76, a distance of 15.00 feet to a point for easement comer; THENCE South 76 degrees 53 minutes 59 seconds East, departing said common line, a distance of 50.00 feet to a point in the east line of said Lot 77, same being the west line of Lot 78A & 79A1, of said Hyde Park Addition, for easement corner; THENCE South 13 degrees 06 minutes 01 seconds West, along said common line, a distance of 15.00 feet to a found 1/2 inch iron rod for the southeast corner of said Lot 77, same being the southwest comer of said Lot 78A &79A1 for easement corner; THENCE North 76 degrees 53 minutes 59 seconds West, along the south line of said Lot 77, same being the north line of Lot 96, Block 4, of said Hyde Park Addition, a distance of 50.00 feet to the POINT OF BEGINNING and containing 750.000 square feet or 0.017 acres of land. P:IMASLHyde Park\EasementskRlock 4\620 Arlington -Lot 77-Esquivel-SS Esmt-Description.doc City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0692 LOG NAME: 21CONDEMN 102651 P3 ESQUIVEL 620 E ARLINGTON AVE SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.017 Acres in Permanent Sewer Easement from Real Property Owned by Joey Alexander Esquivel and Stephanie D. Esquivel, Located at 620 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 77, 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 0.017 acres in permanent sewer easement from real property owned by Joey Alexander Esquivel and Stephanie D. Esquivel, located at 620 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 77, 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 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 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 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+38E on L-3738. An independent appraisal established fair market value for the property interest (shown below) in the total amount of $2,250.00. 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.11 _ _ Legal Description II Acreage I Property_ Interest 3 620 E. Arlington Avenue, Hyde Park Addition, Block 4, Lot 77 0.017 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 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 0.017 acres in permanent sewer easement from real property owned by Joey Alexander Esquivel and Stephanie D. Esquivel. The property interest is needed for the Sanitary Sewer Rehabilitation Contract 100 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 9+46 and Station 12+38E on L-3738. 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 620 E. Arlington Avenue in the Hyde Park Addition, Block 4, Lot 77, 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 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 100 project to support the approval of the above recommendations and acquisition of the easement. Pdorto 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 Ricky Salazar 8379 Additional Information Contact: Dickson Robin 2554 Armando Calva 5570