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HomeMy WebLinkAbout6329-06-2026 - City Council - ResolutionA Resolution NO. 6329-06-2026 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 9, 2026, in M&C 26-0479, ordered and decreed that a public necessity existed to acquire 944 square feet of permanent sanitary sewer easement rights from real property as listed below. SCHEDULE OF PROPERTIES AND OWNERS (referred to herein as "Schedule."): OWNER PROPERTY INTEREST/LEGAL DESCRIPTION/PROPERTY OFFER ADDRESS Maria Rojero A permanent sanitary sewer easement of approximately 475 $2,375.00 (Parcel 01 square feet being part of Lot 10, Block 7, of the Edgewood PSSE) Terrace Addition, an addition to the City of Fort Worth, Tarrant County, Texas, otherwise known as 4604 Burton Avenue, City of Fort Worth, Tarrant County Texas and further described in Exhibit A, attached hereto and made a part hereof as if set forth here verbatim. Homeurway, A permanent sanitary sewer easement of approximately 469 $2,345.00 LLC square feet, being part of Lot 9, Block 7 of the Edgewood (Parcel 02 Terrace Addition, an addition to the City of Fort Worth, Tarrant PSSE) County, Texas, otherwise known as 4600 Burton Avenue, further described in Exhibit A, attached hereto and made a part hereof as if set forth here verbatim. The Necessary property interests is described in the exhibit attached to the above -referenced M&C; those exhibit is incorporated herein for all purposes (the "Property"); WHEREAS, the Fort Worth City Council has determined that: - the Properties are needed for the 2022 Bond Yr I Contract 4 Project; (the "Project"); - the land rights in the Properties are needed for the replacement of sanitary sewer main L-4508 located between Edgewood Terrace and Crouch Avenue from Burton Avenue to East Berry Street. The proposed sewer line will replace an existing deteriorated 8-inch clay pipe that currently runs beneath a building. The required easements will allow for the construction, operation and maintenance of the sewer line: - public necessity required the acquisition by condemnation of the Properties, located within the alignment of the Project; - the use of the Properties will be a public use; and - the Real Estate Division of the Property Management Department is authorized to acquire by negotiation the Properties needed for the Project. WHEREAS, negotiations between the City of Fort Worth and the property owners, listed above, have been unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City of Fort Worth; and WHEREAS, on this 9th day of June 2026, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Peoples, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire: 475 square feet of permanent sanitary sewer easement rights owned by Maria Rojero, owner of property located at 4604 Burton Avenue, City of Fort Worth, Tarrant County, Texas, and being part of Lot 10, Block 7, of the Edgewood Terrace Addition, an addition in the City of Fort Worth, Tarrant County, Texas; and 469 square feet of permanent sanitary sewer easement rights owned by Homeurway, LLC, owners of property located at 4600 Burton Avenue, City of Fort Worth, Tarrant County, Texas, and being part of Lot 9, Block 7, of the Edgewood Terrace Addition, an addition to the City of Fort Worth, Tarrant County, Texas. The land rights in the subject properties are needed for a public use, for the 2022 Bond Yr 1- Contract 4 project to replace sanitary sewer main L- 4508 located between Edgewood Terrace and Crouch Avenue from Burton Avenue to East Berry Street. The proposed sewer line will replace an existing deteriorated 8-inch clay pipe that currently runs beneath a building. The required easements will allow for the construction, operation and maintenance of the sewer line. The Property interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication. 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 units." Seconded by Councilmember Hall, 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 Properties 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 interests listed above and attached to the M&C. Adopted this 9th day of June 2026.0000 a�nn �n aa� FORr a� ATTEST: ��� 0 o°° °°�'��� ° O LL O O O By: v0 o =d Jannette S. Goodall, City Secretary o o d O 000� °000000°° 'd as TEXAS-oAp "Exhibit A" 4600 Burton Avenue Sewer Easement George J. Ashabranner Survey, Abstract No. 7 City of Fort Worth, Tarrant County, Texas BEING a 469 square foot (0.0108 acres) tract of land situated in the George J. Ashabranner Survey, Abstract No. 7, in Tarrant County, Texas, and being part of Lot 9, Block 7, Edgewood Terrace Addition, an addition to the City of Fort Worth, Texas, as recorded in Volume 388-V, Page 118, Plat Records of Tarrant County, Texas (P.R.T.C.T.), same being a part of a tract of land described in deed to HOMEURWAY, LLC, as recorded in Instrument Number D220167571, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at the northeast corner of said Lot 9, being the northwest corner of Lot 10, Block 7, said Edgewood Terrace Addition and being in the south right-of-way line of Burton Avenue (50 foot right-of-way); 1. THENCE South 18 degrees 36 minutes 03 seconds East, with the east line of said Lot 9 and the west line of said Lot 10, a distance of 94.43 feet to the north line of an existing 10 foot utility easement, as recorded in Volume 388-V, Page 118, P.R.T.C.T.; 2. THENCE South 89 degrees 50 minutes 03 seconds West, departing the east line of said Lot 9 and the west line of said Lot 10 and with the north line of said existing 10 foot utility easement, a distance of 5.27 feet; 3. THENCE North 18 degrees 36 minutes 03 seconds West, departing the north line of said existing utility easement, a distance of 93.17 feet to the north line of said Lot 9 and the south right-of-way line of said Burton Avenue, from which a 1/2-inch iron rod found (controlling monument) at the northwest corner of said Lot 9 bears South 83 degrees 40 minutes 41 seconds West, a distance of 85.00 feet, said point being on a non -tangent curve to the left, having a radius of 338.70 feet and a central angle of 00 degrees 50 minute 55 seconds; 4. THENCE with said non -tangent curve to the left, an are distance of 5.02 feet (Chord Bearing North 76 degrees 02 minutes 43 seconds East — 5.02 feet) with the north line of said Lot 9 and the south right-of-way line of said Burton Avenue to the POINT OF BEGINNING and containing 469 square foot (0-0108 acres) of land_ Page 1 of 3 4600 Burton Avenue Sewer Easement George I Ashabranner Survey, Abstract No. 7 City of Fort Worth, Tarrant County, Texas A plat accompanies this legal description. Bearings and coordinates used hereon are derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum (NAD) 1983, adjustment realization 2011. All coordinates and distances are US Survey Feet, displayed in surface values and may be converted to grid by dividing by the combined adjustment factor of 1.00012. By: Patrick J. Bal asaro Registered P fessional Land Surveyor Texas No. 5504 PJB Surveying, LLC TBPELS Firm No. 10194303 Date: Page 2 of 3 DEL TA RADIUS LENGTH CHORD EDGWOOD TERRACE ADDITION 1 LOT 3 L , . _ - - - sre^ iR 518" iRF C1 00°50'55"(LT) 338.70' 5.02' N76°02'43"E-5.02, BLOCK _ LOT 2 1"IRF CZ 14°25'00"(RT) 338.70' 85.2'' S83°40'41"W-85.00' 1 (CM.)1, •, GEORGEI AS EBRANNER �URBEARING DIST LOT 1 t ABSTRACT NO.7 L I S 18°36'03"E 94.43' j L2 S89a50'03"W 5.27' J L -- - - - - 1 - UN �ENOE _ J L3 N 18 36'03 W 93,17 - " �FtT t5d R _ - 314•IRF1 - (C.M.) I t 314"IRF BURTON AVENUE C1 (C.M.) (5t7ROW) CZ P.O.B. - -- — — --T — — — -- — — — — — SEWER EASEMENT i j LOT 1 112°IRF IT IRF I Utili Easement (C.M.) i (CA) : a'9 as Ft. N=6,946,052.40 I (0.0108 acres) _— E=2,351,454.01 t LOT 11 'I I HOMEURWAY, LLC r- I j ! INST. NO. D220167571 " LOT 10, BLOCK 7 LOT 1 I LOT 2 j I O.P.R.T.C.T, EDGEWOOD TERRACE 't i j 4? EDGEWOOD TERRACE j p LOT 9, BLOCK 7 ADDITION ADDITION EDGEWOOD TERRACE ADDITION VOL. 388-V, PG.118 i i i BLOCK 8 VOL. 388-V, PG.118 P.R.T.C.T. I - _ _ _ _ _ _ _ _ _ _ _ _ _ _ P.R.T.CT. �, — ----------=----- r - -- EASTWOOD ADDITION ! 40 I - I _ __ _-__-__-__L_____-__*__-__, j - - - - - - BLOCK 8 - - - - - � 25' BUILDING LINE L2 i i I i VOL. 388-V, PG.118 N j I P.R.T.C.T. i j i 10' UTILITY ESMT, LOT 8 I LOT 13 VOL. 388 V, PG.118 j j I I I P.R.T.C.T. i I I I I I i I i i I I LOT 18 - ------------- rt - - - - t 0 25 sa j EDGEWOOD TERRACE ADDITION j 1 314 IRF BLOCK 7 I I i314"IRF I I I I I � -Found Monument as noted j ! I LOT 7 LOT 14 O >/2"tronrod w/redcap stampedTJ8SURVEYING"sef "Exhibit B�� L--------------- unless otherwise noted Sq,Ft.. - Square Feet I I CM-CantrollingMonument i (E,.,%F — — rF------------ O.P.R. T.C. T. Official Records of Tarrant County, Texas ��Q.P�' G �f iSi�+ ! SEWER EASEMENT D.R. T.C.T. - DeedRecordsofTarrantCounty, Texas I GEORGE J. ASHABRANNER SURVEY, ABSTRACT NO. 7 P..R.T.C.T. Plat Records of Tarrant County, Texas PATRICK�J.... BALDASARO LOT I I LOT15 CITY OF FORT WORTH lest. No. - 11761rumentNUmber................................... I TARRANT COUNTY TEXAS - -- - Vo%/Pg. - volume/Page ':O �r ! I I ., 5504 p: I I PREPARED BY: BASIS OF BEARINGS: State Plane Coordinate System, � •��'E Off'•' ( I I I PJB Sur•vE in Texas North Central Zone 4202, North American Datum qHp"' S•�� _ - - �- =-7 - - i i - - — _ — _ _ — _ _ — _ - — _ _ i _ Survey 9 (NAD)1983, adjustment realization 2011. All coordinates SU and distances are US Survey Feet, displayed in surface \% 200 W. BELMONT DR., SUITE D values and maybe converted to ggrid byy dividing by the (T ` III aLLEN, TX. 75013 combined adjustment factor of 1.00012. "\ TBPELS 10194303 PAGE 3 of 3 i i� "Exhibit A" 4604 Burton Avenue Sewer Easement George J. Ashabranner Survey, Abstract No. 7 City of Fort Worth, Tarrant County, Texas BEING a 475 square foot (0.0109 acres) tract of land situated in the George J. Ashabranner Survey, Abstract No. 7, in Tarrant County, Texas, and being part of Lot 10, Block 7, Edgewood Terrace Addition, an addition to the City of Fort Worth, Texas, as recorded in Volume 388-V, Page 118, Plat Records of Tarrant County, Texas (P.R.T.C.T.), same being a part of a tract of land described in deed to Maria Rojero, as recorded in Instrument Number D212088496, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at the northwest corner of said Lot 10, being the northeast corner of Lot 9, Block 7, said Edgewood Terrace Addition, being in the south right-of-way line of Burton Avenue (50 foot right-of-way) and being on a non- tangent curve to the left, having a radius of 338.70 feet and a central angle of 00 degrees 50 minute 52 seconds; 1. THENCE with said non -tangent curve to the left and with the north line of said Lot 9 and the south right-of-way line of said Burton Avenue, an arc distance of 5.01 feet (Chord Bearing North 75 degrees 11 minutes 50 seconds West — 5.01 feet), from which a 3/4-inch iron rod found (controlling monument) at the northeast corner of said Lot 10 bears North 70 degrees 31 minutes 25 seconds East, a distance of 50.20 feet and North 68 degrees 42 minutes 16 seconds East, a distance of 15.13 feet; 2. THENCE South 18 degrees 36 minutes 03 seconds East, departing the north line of said Lot 10 and the existing south right-of-way line of said Burton Avenue, a distance of 95.76 feet to the north line of an existing 10 foot utility easement, as recorded in Volume 388-V, Page 118, P.R.T.C.T.; 3. THENCE South 89 degrees 50 minutes 03 seconds West, with the north line of said existing 10 foot utility easement, a distance of 5.27 feet to the west line of said Lot 10 and the east line of said Lot 9; 4. THENCE North 18 degrees 36 minutes 03 seconds West, departing the north line of said existing utility easement and along the west line of said Lot 10 and the east line of said Lot 9, a distance of 94.43 feet to the POINT OF BEGINNING and containing 475 square foot (0.0109 acres) of land. Pagel of 3 4604 Burton Avenue Sewer Easement George J. Ashabranner Survey, Abstract No. 7 City of Fort Worth, Tarrant County, Texas A plat accompanies this legal description. Bearings and coordinates used hereon are derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum (NAD) 1983, adjustment realization 2011. All coordinates and distances are US Survey Feet, displayed in surface values and may be converted to grid by dividing by the combined adjustment factor of 1.00012. By: Date: S Patrick J. Bald saro Registered Professional Land Surveyor Texas No. 5504 PJB Surveying, LLC TBPELS Firm No. 10194303 Page 2 of 3 DELTA RADIUS LENGTH CHORD 1 ! EDGEWOOD TERRACE ADDITION LOT ---�------------ -,--1------ '—' Ss "IRF 5181RF CI 00°50'52"(LT) 338.70' 5,01' N75' 11'50'E-5.01' � BLOCK 1"IRF � _ `, C2 08°29'58"(LT) 338.70' 50.24' N70°31'25'E-50,20' LOT 2 (C.M.) i GEORGE I ASH YRANNER C3 02°38'52"(RT) 327.42' 15..13' N68°42' 16"E- 15..13' � LOT 1 �.. ABSTRACT NO.7 BEARING DIST L 1 S 18°36'03"E 95..76' L2 S89'50'03"W 5.27 �'' P.O.B. pJIENV oprogo' RON 314^1RFt � L3 N 18° 36'03"W 94.43' SEWER C3�--- (C M.) BURTUA AVENUE EASEMENT N=6,946,052.40 1314"IRF C1 (59 ROW) E=2,351,454.01 — _ _-- _--- MARIA ROJERO INST. NO. D212088496 — — — -t „— — — -- — - 112 IRF �- -- — — 112' IRF I O.P.R.T.C.T. 1 LOT 1 (c.M.) , — LOT 10, BLOCK 7 EDGEWOOD TERRACE ADDITION VOL, 388-V, PGA 18 LOT 11 LOT 9, BLOCK 7 W P.R.T.C.T. I I ! LOT 1 LOT 2 j r EDGEWOOD TERRACE ! I ADDITION i Q ? EDGEWOOD TERRACE I i i ADDITION j I VOL. 388-V, PG,118 UtilityY Easement 475 Sq. Ft. I BLOCK 8 i I P.R.T.C.T. i 1 (0.0109 acres) , EASTWOOD ADDITION _ �— —_ --— — — L — -- -- I BLOCKS j � t � 25' BUILDING LINE L L2 T i N ! VOL.. , . 88-VPG118 I P.R.T.C.T. I I I T UTILITY ESMT. ' VOL. 388 V, PG.118 LOT 8 LOT 13 j I j 1 P.R,T.C.T, i j I I j 11 j j LOT 18 I ' I lil ------------------ I i _ ---- - 3I4IRF 0 25 50 j EDGEWOOD TERRACE ADDITION ! 1 1 j BLOCK 7 I j 314" IRF LOT 7 I LOT 14 I • Found Monumentas noted O 1/2"Iron rod w/red cap stamped 'PJB SURVEYING"set j I I j I I j unless otherwise noted i --------------- "Exhibit B" Sq. Ft. - Square Feet CM - Controlling Monument IOF ��,� S r f RF 1 _ _ _ _ r i _ _ 1 SEWER EASEMENT O.P.R TC. T. O>cia/Records of Tarrant County, Texas GEORGE J. ASHABRANNER SURVEY, D.R.TC.T. - Deed Records of Tarrant County, Texas • ABSTRACT NO. 7 P..RT.C.T. Plat Records of Tarrant County, Texas PATRICK•J.•BALDASARO OT6 i I LOT15 CITY OF FORT WORTH Inst. No. - Instrument Number ! 140"P9. - Volume/Page 1 ................................... ' � 5504 P: I ICOUNT _ I RRANT T ERAS — — — A Y, T PREPARED BY: I I I BASIS OF BEARINGS: State Plane Coordinate System, Texas North Central Zone 4202, North American Datum •�A, S S Q` qq; •••.......• oe PJB Surveying (NAD) 1983, adjustment realization 2011. All coordinates I I — - T — �� and distances are US Survey Feet, displayed in surface values and may be converted to rid byy dividing by the t �\ 3 I 200 W. BELMONT DR., SUITE D I ALLEN, TX. 75013 combined adjustment factor of 1.00012, , TBPELS 10194303 PAGE 3 of 3 j MAYOR AND COUNCIL COMMUNICATION MAP Council District 5 CPN 102930_P2 PERMANENT SANITARY SEWER EASEMENT t; O 01 LY Y� . M � f � r• •, -AM 4 ;" k-IL Approximately _ AA • 0.0108 acres r •;- Ail • l `, 4 `• l 1 5y � I m N c 4600 Burton Avenue Block 7, Lot 9 EDGEWOOD ADDITION Fort Worth Tarrant Count TX 76105 v y� 0 10 20 Feet 2 a v Copyright (D 2026 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This data is to be used for graphical representation only. The FOR l WOly 1 H.) 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 X responsibility for the accuracy of said data. General Location MAYOR AND COUNCIL COMMUNICATION MAP Council District 5 CPN 102930_P1 PERMANENT SANITARY SEWER EASEMENT +r j E f S J•y �/ 'y '.'� Approximately —' 0.0109 acres 31 O;" kk NLLJ ��y AV If to 'A z N < V 1 o a � • ?I�� N. ° N 4604 Burton Avenue Block 7, Lot 10 EDGEWOOD ADDITION t Fort Worth Tarrant Count TX 76105 � � � v � Y� 0 10 20 Feet 2 a` L4 v Copyright © 2026 City of Fort Worth. Unauthorized 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 X responsibility for the accuracy of said data. General Location City of Fort Worth, Texas Mayor and Council Communication DATE: 06/09/26 M&C FILE NUMBER: M&C 26-0479 LOG NAME: 21 CONDEMN 102930 P01-P02 2022 BOND YR 1-CONTRACT 4 SUBJECT (CD 5) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Total of 944 Square Feet of Permanent Sanitary Sewer Easement Rights From Real Properties Owned by Maria Rojero, Located at 4604 Burton Avenue, being Part of Lot 10, Block 7 of the Edgewood Terrace Addition, and Homeurway, LLC, 4600 Burton Avenue, and being Part of Lot 9, Block 7 of the Edgewood Terrace Addition, City of Fort Worth, Tarrant County, Texas, (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owners to acquire 944 square feet of permanent sanitary sewer easement rights have been unsuccessful due to the inability to negotiate agreeable terms for the necessary property interests owned by Maria Rojero, located at 4604 Burton Avenue, City of Fort Worth, Tarrant County, Texas, and being part of Lot 10, Block 7 of Edgewood Terrace Addition, as recorded in Volume 388-V, Page 118, Plat Records of Tarrant County, Texas; and Homeurway, LLC, located at 4600 Burton Avenue, City of Fort Worth, Tarrant County, Texas, and being part of Lot 9, Block 7 of the Edgewood Terrace Addition, as recorded in Volume 388-V, Page 118 Plat Records of Tarrant County, Texas, for the 2022 Bond Yr 1 Contract 4 project (City Project No. 102930); 2. Adopt the attached resolution authorizing the City of Fort Worth to use its power of eminent domain to acquire the necessary property interests for public use; 3. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interests from the property owners; 4. Authorize payments pursuant to an award of commissioners or negotiated settlements; and 5. Authorize the City Manager or his designee to accept and record the appropriate documents. 7 6100 11.1.1lo `► F The 2022 Bond Yr 1 - Contract 4 project will require additional sanitary sewer easement rights. The land rights for the subject properties are required for the 2022 Bond Yr 1 - Contract 4 project and are necessary to replace sanitary sewer main L-4508 located between Edgewood Terrace and Crouch Avenue from Burton Avenue to East Berry Street. The proposed sewer line will replace an existing deteriorated 8-inch clay pipe that currently runs beneath a building. The required easements will allow for the construction, operation and maintenance of the sewer line. An independent appraisal established the fair market value of the property interests, including permanent sanitary sewer easement rights, at a total of $4,720.00. Despite good -faith efforts, negotiations were unsuccessful due to the parties' inability to reach agreement on acceptable terms for the acquisition by the City. Upon approval, a condemnation action will be brought forward and a Special Commissioners' hearing held to acquire the necessary property interests (shown below). OWNER PROPERTY INTEREST/LEGAL DESCRIPTION OFFER PROPERTY ADDRESS Maria Rojero A permanent sanitary sewer easement of approximately 475 $2,375.00 (Parcel 01 square feet being part of Lot 10, Block 7, of the Edgewood PSSE) Terrace Addition, an addition to the City of Fort Worth, Tarrant County, Texas, otherwise known as 4604 Burton Avenue, City of Fort Worth, Tarrant County Texas and further described in Exhibit A, attached hereto and made a part hereof as if set forth here verbatim. Homeurway, LLC A permanent sanitary sewer easement of approximately 469 $2,345.00 square feet, being part of Lot 9, Block 7 of the Edgewood (Parcel 02 Terrace Addition, an addition to the City of Fort Worth, Tarrant PSSE) County, Texas, otherwise known as 4600 Burton Avenue, further described in Exhibit A, attached hereto and made a part hereof as if set forth here verbatim. 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: 475 square feet of permanent sanitary sewer easement rights owned by Maria Rojero, owner of property located at 4604 Burton Avenue, City of Fort Worth, Tarrant County, Texas, and being part of Lot 10, Block 7, of the Edgewood Terrace Addition, an addition in the City of Fort Worth, Tarrant County, Texas; and 469 square feet of permanent sanitary sewer easement rights owned by Homeurway, LLC, owners of property located at 4600 Burton Avenue, City of Fort Worth, Tarrant County, Texas, and being part of Lot 9, Block 7, of the Edgewood Terrace Addition, an addition to the City of Fort Worth, Tarrant County, Texas. The land rights in the subject properties are needed for a public use, for the 2022 Bond Yr 1- Contract 4 project to replace sanitary sewer main L- 4508 located between Edgewood Terrace and Crouch Avenue from Burton Avenue to East Berry Street. The proposed sewer line will replace an existing deteriorated 8-inch clay pipe that currently runs beneath a building. The required easements will allow for the construction, operation and maintenance of the sewer line. The Property interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication. 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 units." Funding is budgeted in the Water & Sewer Capital Projects Fund for the purpose of funding the 2022 Bond Yr 1 - Contract 4 project. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). This property is located in COUNCIL DISTRICT 5. 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 2022 Bond Yr 1 - Contract 4 project to support the approval of the above recommendations and the acquisition of easements. Prior to any expenditure being incurred, the Property Management and Water Departments have the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Valerie Washington 6199 Oriainatina Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Stuart Young 8379 Lisa Alexander 2361