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Home My WebLink AboutContract 45932 � Page 1 of 2 CITY SECRETAW, CONTRACT W. Electronically Recorded Tarrant County Official Public Records 4/3/201412:31 PM D214066289 " ` I ,,dMbVSE-OF LIS PEMMWSITOTICE.00 F'"`yf Lt s uai Mary Louise Garcia Submitter: XEROXCOMMERCIAL SOLUTIONS Lis Pendens Notice: Date: April 23, 2013 Executed by: City of Fort Worth Recorded in: Document No. D213102949 Deed Records of Tarrant County, Texas Property(including any improvements): 0.032 acre tract of land at Lot 18, Block 39 of Rosen Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas as Volume 106, page 56 of the Plat Records of Tarrant County, Texas, said parcel also being a portion of a tract of land deeded to Jose Antonio Garcia and wife, Norma L. Garcia as recorded in Volume 14143, Page 38 of the Deed Records of Tarrant County, Texas, and as particularly described in the pleadings in the lawsuit numbered 2013-002414-1 and styled City of Fort Worth v. Jose Antonio Garcia; Norma L Garcia; Long Beach Mortgage Co.; City of Fort Worth; Fort Worth Independent School District; Tarrant County, Texas; Tarrant County Regional Water District; JPS Hospital District; and Tarrant County College District. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City of Fort Worth he by releases the property from the Lis Pendens Notice. Executed this day of April, 2014. CITY OF FORT WORTH By: hristopher B. Mosley Senior Assistant City Attorney CFiW v. GARCIA,Jose A., et at. (DOE 3576/Parcel 1 PE) Page I of 2 Release of Lis Pcndens Notice I RELEASE OF LIS PENDENS NOTICE Lis Pendens Notice: Date: April 23, 2013 Executed by: City of Fort Worth Recorded in: Document No. D213102949 Deed Records of Tarrant County, Texas Property (including any improvements): 0.032 acre tract of land at Lot 18, Block 39 of Rosen Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas as Volume 106, page 56 of the Plat Records of Tarrant County, Texas, said parcel also being a portion of a tract of land deeded to Jose Antonio Garcia and wife, Norma L. Garcia as recorded in Volume 14143, Page 38 of the Deed Records of Tarrant County, Texas, and as particularly described in the pleadings in the lawsuit numbered 2013-002414-1 and styled City of Fort Worth v. Jose Antonio Garcia; Norma L Garcia; Long Beach Mortgage Co.; City of Fort Worth; Fort Worth Independent School District; Tarrant County, Texas; Tarrant County Regional Water District; JPS Hospital District; and Tarrant County College District. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City of Fort Worth hereby releases the property from the Lis Pendens Notice. Executed this 'l day of April, 2014. CITY OF FORT WORTH By: "Mosley hri Senior Assistant City Attorney CFW v. GARCIA, Jose A., et at. (DOE 3576/Parcel 1PE) Page 1 of 2 Release of Lis Pendens Notice STATE OF TEXAS § COUNTY OF TARRANT § i This instrument was acknowledged before me on the �iUC' day of April, 2014, by Christopher B. Mosley, as Senior Assistant City Attorney of the City of Fort Worth, on behalf of the City. Lt� TERESA M JOHNSON Notar Public in nd My Commission Expires Notary Public 24,2016 The State of Texas st�a tt�e AFTER RECORDING RETURN TO: Christopher B. Mosley City Attorney's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 CFW v. GARCIA, Jose A., et al. (DOE 3576/Parcel 1PE) Page 2 of 2 Release of Lis Pendens Notice >f EnAchange: Authorized Users Only Page 1 of 1 Document Receipt Information Reference Number: 3576ReleaseLisPendens- Release Of LIS Pendens Instrument Number: D214066289 No of Pages: 2 Recorded Date: 4/3/2014 12:31:27 PM County: Tarrant Volume: Page: Recording Fee: 1$20.00 https://www.erxchange.com/UUViewReceipt.aspx?Documentld=8482467 4/3/2014 Nr&C - Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/8/2013 DATE: Tuesday, January 08, 2013 REFERENCE NO.: L-15498 LOG NAME: 20ROWE-3576-01 SUBJECT: Authorize Condemnation by Eminent Domain of an Easement Interest in 0.032 Acres of Land for a Sewer Easement, Located at 2312 Hanna Avenue, Owned by Jose Antonio Garcia and Norma Garcia, for the Sanitary Sewer Rehab Contract(COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the landowners were unsuccessful due to the inability to agree on a purchase price to acquire approximately 0.032 acres of land for a permanent sewer easement on land owned by Jose Antonio Garcia and Norma Garcia and known as 2312 Hanna Avenue, Rosen Heights First Filing Addition, Lot 18, Block 39, Tarrant County, Texas,for the purpose of replacing sewer line; 2. Declare the necessity to acquire the described easement interest in the subject property for the Sanitary Sewer Rehabilitation; 3. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described easement interest in the property; 4. Authorize payment pursuant to an award of commissioners or negotiated settlement; and 5. Authorize the City Manager or his designee to accept and record appropriate instruments. DISCUSSION: The permanent sewer easement is needed to replace lines that are old and in need of replacement or repair. The existing lines in this area are in danger of failing. A break or collapse in the existing infrastructure may cause sewage to back up and flood residential areas thereby causing a potential hazard to public health. The proposed solution replaces the existing lines with new lines. An independent appraisal was performed on the property. The City offered the appraised value of $1,470.00 which was not accepted by the property owner. Therefore, the compensation amount will be decided in the condemnation by eminent domain process through a Special Commissioner's Hearing. Upon approval, proceedings will be brought to condemn and acquire the easement interest in the property. The easement for this project will be purchased using funds from the Sewer Capital Projects Fund. Parcel Property Type of Number Address Legal Description Taking/Amount 2312 Hanna Rosen Heights First Permanent Sewer 1 Avenue Filing, Lot 18, Block Facility Easement 0.032 39 acres http://apps.cfwnet.org/ecouncil/printmc.asp?id=17392&print=true&DocType=Preview 1/9/2013 N&C - Council Agenda Page 2 of 2 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 authorize the use of the power of eminent domain to acquire an easement interest in 0.032 acres of land for the Sanitary Sewer Easement, out of the Rosen Heights First Filing, Lot 18, Block 39, also known as 2312 Hanna Avenue, for the City to replace the existing sewer lines with new lines. The easement the City seeks is further described in the metes and bounds and survey documents attached to this M&C. This property is located in COUNCIL DISTRICT 2, Mapsco, 61 H. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the recommendations and award of commissioners, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P258 541100 702170055841 $0.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Cloyde Jordan (2388) ATTACHMENTS 1. 20ROWE-3576-01 Funds Availability -- MARS Screen Shot.docx (CFW Internal) 2. 3576-ROWE-3576-01SEWER-REHAB-CONDEMN.pdf (Public) 3. Exhibits-01.pdf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=17392&print=true&Doc"Type=Preview 1/9/2013 Mills, Stephanie From: Johnson, Teresa Sent: Friday, August 29, 2014 9:57 AM To: Mills, Stephanie Subject: Documents conveying land to City Stephanie, I will submit 3 different types of documents that convey land to the City through eminent domain, and request that they be assigned a Contract Number by the City Secretary's Office: 1. Judgments(recorded) 2. Settlement Agreements (signed by CMO's office) 3. Easements(recorded) For 1 and 3, 1 will always provide you with the M&C that authorized condemnation and/or acquisition of the land. For 2, I will give you the initial M&C and also the "Settlement M&C." We provide them to your office so you know the outcome and resolution of the initial M&C. I have been here less than a year. Based on how the property is acquired, one of the 3 documents above should be submitted each time for your records. Teresa M. Johnson Assistant to Laetitia Coleman Brown, Christopher Mosley and Brandon Carr City Attorney's Office 1000 Throckmorton Street Fort Worth,Texas 76102 Main: 817-392-7600 Direct: 817-392-7604 Fax: 817-392-8359 Teresa.Johnsongfortworthtexas. ov City of Fort Worth— Working together to build a strong community. FORT WORTH. RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use, dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Teresa Johnson at the City of Fort Worth City Attorney's Office 817-392-7604.