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HomeMy WebLinkAboutResolution 5992-08-2024A Resolution No. 5992-08-2024 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 24-0693, ordered and decreed that a public necessity existed to acquire .005 acres in permanent sewer facility easements from real property located at 2333 Emily Dr in the Forty Oaks Addition, Block 1, Lot 7, 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, Maria J. Silva, 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 Padilla 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 131' day.of August 2024. ATTEST: By: Janette S. GoodalI, City Secretary MAYOR AND COUNCIL COMMUNICATION MAP COUNCIL DISTRICT 11 2333 EMILY DRIVE - CFW PROJECT NO. CO2382-2 SANITARY SEWER REHABILITATION CONTRACT 90 PART 2 TR. M�pp0 faROOK _ .� IT d, ,1 �, � �� .cam-�, � � Ir,;' . +! � e I ��' •_ � ' JL Uj �It ,� � `. Ise I �• s 6� Y e .y � ,p � . ` PL Premises: f 2333 Emily Drive Fort Worth, TX 76112 MORRISa - :,- ~' �`��.L N Permanent Sanitary Easement Tarrant County Parcel No. 16 Forty Oaks Addition, Lot 7, Block 1 o so loo Feet Copyright C 2024 City of Fort Worth. Ilnautborized reproduction is a violation of applicable laws. This data is to be used for graphical representation only. The FORT WORTH, 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 Location City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0693 LOG NAME: 21CONDEMN CO2382-2 P16 MARIA G SILVA SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.005 Acres in Permanent Sewer Easement from Real Property Owned by Maria G. Silva, Located at 2333 Emily Drive in the Forty Oaks Addition, Block 1, Lot 7, Tarrant County, Texas, for the Sanitary Sewer Rehabilitation Contract 90 Part 2 Project RECOMMENDATION It is recommended that the City Council: Declare that negotiations between the City and the property owner to acquire 0.005 acres in permanent sewer easement from real property Owned by Maria G. Silva, Located at 2333 Emily Drive in the Forty Oaks Addition, Block 1, Lot 7, Tarrant County, Texas, were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City; Declare the necessity to acquire the described property interest for the Sanitary Sewer Rehabilitation Contract 90 Part 2 project (City Project No. CO2382); Adopt the attached resolution authorizing the City of Fort Worth to use its power of eminent domain to acquire the property for public use; Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the property owner; Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and 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 damaged sewer fines, allow better flow within the sewer pipes and help prevent sewer backups between Station 2+17 and Station 2+77 on L-3824. An independent appraisal established fair market value for the property interest (shown below) in the total amount of $750.00. 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 IParcel No.II _ Legal Description Acreage 1 Property Interest 16 2333 Emily Drive, Forty Oaks Addition, Block 1, Lot 7 0.005 Acres/ Permanent Sewer Facility Easement 11 Funding is budgeted in the W&S Capital Projects Fund for the Water Department 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 0.005 acres in permanent sewer easement from real property owned by Maria G Silva. 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 9+46 and 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 property is located at 2333 Emily Drive in the Forty Oaks Addition, Block 1, Lot 7, 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 / 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 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 Manag_ees Office by: Dana Burghdoff 8018 Originating Business Unit Head: Marilyn Marvin 7708 Additional lnforMation Contact: Ricardo Salazar 8379 Armando Calva 2570