HomeMy WebLinkAboutResolution 6041-12-2024.e,
A Resolution
NO.6041-12-2024
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 December 10, 2024, in M&C 24-1153, ordered and
decreed that a public necessity existed to acquire 0.0108 acres in permanent sewer facility easements from
real property located at 4600 Burton Avenue in the Eastwood Terrace Addition, Block 7, 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 2022 Bond Yr 1 - Contract 4 (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, Monica
Martinez, 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 I Oh day of December 2024, at a regular meeting of the Fort Worth City
Council, upon Motion of Mayor Pro Tern Bivens, to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.0108 acres in permanent sewer facility easement from real property owned
by HOMEURWAY, LLC. The property is needed for the Sanitary Sewer 2022 Bond Yr 1 — Contract 4
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 4600 Burton Avenue in the Eastwood
Terrace Addition, Block 7, 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."
".
Seconded by Councilmember Lauersdorf, 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 1 Oth day of December 2024.
ATTEST:
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