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Home My WebLink AboutResolution 5993-08-2024A Resolution NO.5993-08-2024 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 24-0694, ordered and decreed that a public necessity existed to acquire .006 acres in permanent sewer facility easements from real property located at 2405 Emily Dr in the Forty Oaks Addition, Block 1, Lot 9, 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 Iand 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, Ruben Padilla and Ana Padilla, 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 131 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, BIock 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 fled, 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: {J Jannette S. Goodall, City Secretary MAYOR AND COUNCIL COMMUNICATION MAP COUNCIL DISTRICT 11 2405 EMILY DRIVE - CFW PROJECT NO. CO2382-2 SANITARY SEWER REHABILITATION CONTRACT 90 PART 2 .. r f. ' t � .. 4 F'�• ', .ram .. 1 OK AE TU 00' " s. y: r , i; ppee-- i J ♦ 'M ! � fiA' LU F t K. Premises: �. ` s 2405 Emily Drive " Fort Worth, TX 76112 k Yw. MORRTS f f Permanent Sanitary Easement N Tarrant County Parcel No.18 Forty Oaks Addition, Lot 9, Block 1 0 so 100 Feet Copyright (0 2024 City of Fort Worth. Unauthorized reproduction Is a violation of applicable Iaws. 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 SANITARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO.02382 PARCEL No. 18 PE 2405 EMILY DRIVE LOT 9, BLOCK 1, FORTY OAKS EXHIBIT "A" Being a permanent sewer facility easement out of Lot 9, Block 1 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 9 being deeded to Ruben Padilla and Ana Padilla as recorded in Instrument No. D206134042 of the Official Public 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 southeast corner of Lot 23 of said Block 1, said 1/2 inch iron rod being northeast corner of Lot 24 of said Block 1, said 1/2 inch iron rod also being in the west right-of-way line of Maryel Drive (50' width right-of-way), from which a 1/2 inch iron rod found for the southeast corner of Lot 21 of said Block 1 bears North 00 degrees 09 minutes 04 seconds West, a distance of 120.00 feet, said 1/2 inch iron rod being the northeast corner of Lot 22 of said Block 1, said 112 inch iron rod also being in the west right-of-way line of said MaryeI Drive; THENCE, South 00 degrees 09 minutes 04 seconds East, with the east line of said Lot 24 and with the west right-of-way line of said Maryel Drive, a distance of 60.00 feet to a point for the for the southeast corner of said Lot 24, said point being the northeast corner of Lot 25 of said Block 1, from which a 1/2 inch iron rod found for reference bears North 86 degrees 54 minutes I5 seconds East, a distance of 0.30 feet; THENCE, South 89 degrees 50 minutes 56 seconds West, with the south line of said Lot 24 and with the north line of said Lot 25, a distance of 130.00 feet to a point for the southeast corner of said Lot 9, being the southwest corner of said Lot 24, being the northwest corner of said 25 and also being the northeast corner of Lot 10 of said BIock 1; THENCE, South 89 degrees 50 minutes 51 seconds West, with the south line of said Lot 9 and with the north line of said Lot 10, 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 51 seconds West, with the south line of said Lot 9 and with the north line of said Lot 10, a distance of 5.00 feet to a point for corner; THENCE North 00 degrees 09 minutes 04 seconds West, a distance of 46.27 feet to a point for corner; THENCE South 88 degrees 48 minutes 28 seconds East, a distance of 2.11 feet to a point for corner; THENCE North 00 degrees 43 minutes 14 seconds East, a distance of 12.24 feet to a point for corner; THENCE North 88 degrees 48 minutes 28 seconds West, a distance of 2.30 feet to a point for corner; Exhibit "A" Page 1 of 2 SANITARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO. 02382 PARCEL No. 18 PE 2405 EMILY DRIVE LOT 9, BLOCK 1, FORTY OAKS THENCE North 00 degrees 09 minutes 04 seconds West, a distance of 1.48 feet to a point for corner in the north line of said Lot 9, said point being in the south line of Lot 8 of said Block 1; THENCE North 89 degrees 50 minutes 50 seconds East, with the north line of said Lot 9 and with the south line of said Lot 8, 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 273 square feet or 0.006 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 Joh L. Cooper 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 LJJ I L� .-. O rCD I s (r 2 J_ C o C � W d L1 EXHIBIT "B " PARCEL No. 18 PE _ LOT 6 — — — --J I `--- LOT 21` 10 1UTILITY EASEMENT VOLUME 388-G, PAGE 77 P.R.T.C.T. ! BLOCK 1 I I FORTY OAKS LOT 7 I VOLUME 388—G, PAGE 77 P.R. T. C. T. LINE TABLE LINE BEARING DISTANCE L-1 S 89'50'51"W 5.00 ' ' !"-2 S 89'50'51 tiY 5.00' L-3 N 00'09'04'W 46.27' L-9 S DO'09'04'E 60.00' LOT 8 SEE DETAIL "A" LOT 22 { 10' UTILITY EASEMENT VOLUME 388-G, PAGE 77 y/ P.R.T.C.T. r� I LOT 9 RUBEN PADILLA { �� ANA PADILLA INSTRUMENT No. D206134042 O.P.R.T.GT. L-2 � I { LOT 10 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 PATE JANUARY 23, 2015 FOUND 1/2" J IRON ROD FOUND 5/H" O IRON ROD o 0 z LOT 23 FOUND 1/2" IRON ROD > � _ I 0 J W = r P. 0. C. a � FOUND 1/2" IRON ROD � w ¢ C7 a � o o ,n in LOT 24 0 0 S 89'50'56"W 136.00' 1/2" IRON ROD FOUND FOR REFERENCE BEARS N 86'54'15"E 0.3tl' LOT 25 40 zo o 40 SCALE IN FEET COOPER o�rWoRT City of Fort Worth 200 TEXAS STREET FORT WORTH, TEXAS 76102 SANITARY SEWER REHABILITATION, CONTRACT 90 �� "";O FeR aF+� PARCEL NO. 1$ PE CITY PROJ. N0. 023$2 �: � •,tn PERMANENT SEWER FACILITY EASEMENT JON L. COOPER OWNER: RUBEN PADILLA AND ANA PADILLA ADDITION: LOT 9, BLOCK 1, FORTY OAKS ADDITION r:''�'Ap 5254�P�,?� LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS /� �`L•''F�.,.��'', ACQUISITION AREA: 273 SQUARE FEET OR 0.006 ACRES 1•. R� WHOLE PROPERTY ACREAGE: 7,$35 SQUARE FEET OR 0.180 ACRES CALCULATED JON L. JOB N0. HAZE_,14D1.00 DRAWN BY: BM CAD FILE: HAZE1401_.PAR 18.DWG REC15T£RED PROFESSIONAL LAND SURVEYOR DATE: DECEMBER 15, 2021 f]fHlB€T B PAGE 1 OF 2 SCALE: 1" a 40' Nd. 5254 TEXAS FIRM No. 10106900 GORRONDONA de ASSOCIATES. INC. 2800 N.E. LOOP 820, SUITE 660 FART WORTH, TX. 76137 817-496-1424 FAX 817--496-1768 LINE TABLE LINE I BEARING DISTANCE L-3 I N 0909'04'W 46.27' L-4 S 88'48'28'E 2.11' L-5 N 0943'14'E 12,24' L-6 N B8 48'28W 2.30' L-7 N 00'09'04'W 1.48, L-8 N 89'50'50'E 5.004 L-9 S 0909'D4'E 1 60.00' EXHIBIT "B " PARCEL No. 18 PE ................................... L-8 ' I l JI I I I I # ...:...::. I f DETAIL "A" NOT TO SCALE ......................... WOOD GARAG .., ......:r:r::r:il I':i�:�:�:rrriirrrr: rr: rrl - I::r:r:: irirrr: rrrrr:-:I L-4 L:................... . 1. 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 oRT WORT City o f Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 SANITARY SEWER REHABILITATION, CONTRACT 90 PARCEL NO. 18 PE CITY PROD. NO. 02382 PERMANENT SEWER FACILITY EASEMENT -- __......—___ OWNER: RUBEN PADILLA AND ANA PADILLA ADDITION: LOT 9. BLOCK 1, FORTY OAKS ADDITION LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISMON AREA: 273 SQUARE FEET OR 0.006 ACRES WHOLE PROPERTY ACREAGE: 7,835 SQUARE FEET OR 0.180 ACRES CALCULATED) JOB NO. HAZE-1401.00 DRAWN BY: BM ICAD FILE: HAZE1401_PAR 18.DWG DATE: DECEMBER 15, 2021 1 EXHIBTf a PAGE 2 OF 2 1 SCALE: NOT TO SCALE GORRONDONA k ASSOCIATES, INC. - 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 OF T JON L W COOPER 5254 JON L. COOPER REGISTERED PROFESSIONAL LAND 1424 FAX 817 City of Fort Worth, Texas I Mayor and Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0694 LOG NAME: 21CONDEMN CO2382 2 P18 RUBEN & ANA PADILLA SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.006 Acres in Permanent Sewer Easement from Real Property Owned by Ruben Padilla and Ana Padilla, Located at 2406 Emily Drive in the Forty Oaks Addition, Block 1, Lot 9, 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 0.006 acres in permanent sewer easement from real property owned by Ruben Padilla and Ana Padilla, Located at 2405 Emily Drive in the Forty Oaks Addition, Block 1, Lot 9, 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 project (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 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. An independent appraisal established fair market value for the property interest (shown below) in the total amount of $683.00. 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. Legal Description U Acreage 1 Property Interest 18 2405 Emily Drive, Forty Oaks Addition, Block 1, Lot 9 0.006 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: " 1 move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.006 acres in permanent sewer easement from real property owned by Ruben Padilla and Ana B. Padilla. The properly 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 L2824. 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 2405 Emily Drive in the Forty Oaks Addition, Block 1, Lot 9, 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 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 Originating_Susiness Unit Head: Marilyn Marvin Additional Information Contact: Ricardo Salazar Armando Calva