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Home My WebLink AboutResolution 4533-11-2015 A Resolution NO. 4533-11-2015 A RESOI.,tJTI(..)N DETERMINING THE NECESSITY FOR ACQUIRING REAL PROPERTY AND A1.JTHORIZING ITS APPROPRIATION OR CONDEMNATION FOR PUBLIC USE WHEREAS, the Fort, Worth City (.'o .cil on November 3, 2015, in M&C L,-'15822-, ordered and decreed that a public necessity existed for the acquisition of 0.006 Acres of Land for the Vic.tory Forest Community Center Prqject more particularly 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("'ounci I has determined that: the Property its needed for the Victory Forest Community Center Pro.ject, a public prqject (the 14pr(*Ct"); public necessity required the acquisition by domation, purchase, condemnation or otherwise of the Property, 10Cattred within the alignment of the Projt',cl; the use of the Property will be a public use; and the Real Property Division of the Property Management Departinent was authorized to acquire by negotiation the Propeily needed for the Pr(ject, WHEREAS, negotiations for the pur-c1ase of said tract of land have been unsuccessi.541; and WHEREAS, on this 3rd day of November, 20.1 5, at a regular meeting of the Fort Worth City. Coulicil, upon Motion of'Councib-neinber Ann Zadpjj, to wit: I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eininent domain. to acquire a fee simple interest in 0.006 acres of land from owners Reba Capps, Maltie Mae Anderson, and H.G. Lucas for the Victory Forest Community Center Prqject. The tract of land is located on South Jennings Avenue in the rerniindcr of Block. 52, South Hemphill lleiglas Addition, Tarrant ( o unity, Texas. The fee simple interest to be acquired is described.by the metes and bounds and depicted by the survey exhibit attached to this Mayor and Council Communication. Seconded by Councilmember Byrn qj.�ivens,dtfly put and carried: Rl',"SOLUTION. ................ NOW, THEREFORE, BE IT IMSOLVED BY THE CITY COUMAL OF THE (.,,].TY OF FORTWOR111.11, TEXAS THAT: The City of Fort Wortii., Texas, is audiorized to use the power of eininent domain to acquire the Property for the pub tic use and inclusion in the Project; and The City Attorne.), be and is 1)ereby authorized and directed to file or cause to be t7i.led, to sPendi all reasonable and necessary legal expenses, and to carry throtigh to final judgment proceedings in erniiierit domain for the acquisition of the properilly interest listed above and attached to the M&C. Adopted this 3 rd day of Noveinber 2015. ............. ........................................... 000000 l l Aori0o 000 AITEST: 0 00 0 000 % ®y 0 0' XY 0000000 Ay By: ...................................... ............................. /Mary,, nny er, IcLy ecretary RT MAYOR AND I NI I N MAP r i l Capps Tract .006 acres AL- 850, 1,70 3,400 I i 1 1 � l 1 f� 1 v i f r J 0 22.5 25 50 Ch 2012 City of Fart Worth. Unauthorized reproduction is a ( Ft o ption of applicable le fawn. This product is for Inforrnational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey 7015, Project#00130 and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. Fl�!NHim gcf,�Jjf fit 1!i lit Hill -K�0* Rif C-4 ch ff! Fz LL na 0 olow n HE City of Fort Worth, Texas Mayor and Council Communication III mMMmIM lm ........... COUNCIL ACTION: Approved on 11/3/2015 - Resolution No. 4633-11-2015 IIIIIIIIIIIIIIOOMOWWMOOOOOOOMMOMOMOOOOWOIIIIIIOOOUpuuumuumm 11111—mill DATE: Tuesday, November 03, 2015 REFERENCE NO.: ll....-15822 LOG NAME: 21 PMD VICTORY FOREST CENTER SUBJECT: Adopt Resolution Authorizing Condemnation by Eminent Domain for a Fee Simple Interest in 0.006 Acres of Land Owned by Reba Capps, Mattie Mae Anderson and H.G. Lucas Located on South Jennings Avenue fort e Victory Forest Recreation Center Project (COUNCIL DISTRICT 9) ........... ...... RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and landowners to acquire a fee simple interest in 0.006 acres of land owned by Reba Capps, Mattic Mae Anderson and H.G. Lucas located on South Jennings Avenue, Fort Worth Texas, were Unsuccessful due to the inability to locate heirs oft e original owner to obtain clear title; 2. Declare the necessity to acquire a fee simple interest for the Victory Forest Recreation Center Project", 3. Authorize the City Attorney to institute condemnation by eminent dornain proceedings to acquire a fee simple interest in the property', 4. Authorize a payment pursuant to an award of commissioners or a negotiated settlement" and 5. Authorize the City Manager or his designee to accept and record appropriate instruments. DISCUSSION: The fee simple interest must be acquired for the construction oft Victory Forest Recreation Center project, The Victory Forest Community Center will serve residents of south central Fort Worth. This facility will provide programming for youth and adults including after-school activities, summer day camp, classes for youth and adults and activities for seniors. It is anticipated that the facilities will include a fitness area, multi-purpose meeting rooms, a dance room and an outdoor learning area. An independent appraisal established fair market value for the land in the amount of $892.00. Condemnation by eminent domain was deemed necessary after exhaustive efforts to locate heirs of the original owner were unsuccessful. Upon approval of this Mayor and Council action, condemnation proceedings will be brought to acquire the fee simple interest in the property. The mineral estate will not be acquired. The judgment will contain a surface waiver for the exploration of the mineral estate. Upon City Council approval, Staff will proceed with acquiring the needed fee simple interest for the property as shown below. Lo name;: 2 1PMD VICTORY ]. OREISJ" CENTE'R. Page 1 of 2 Parcel No. Address/Legal Description Type of Property Acres South Jennings Avenue, remainder of Fee Simple /0.006 acres Block 52, South Hemphill Heights Addition To approve this Mayor and Council Communication, 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 a fee simple interest in 0.006 acres of land from owners Reba Capps, Mattie Mae Anderson and H.G. Lucas for the Victory Forest Community Center Project. The tract of land is located on South Jennings Avenue in the remainder of Block 52, South Hemphill Heights Addition, Tarrant County, Texas. The fee simple interest to be acquired is described by the metes and bounds and depicted by the survey exhibit attached to this Mayor and Council Communication. This property is located in COUNCIL DISTRICT 9, Mapsco 364 A5. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that action will have no material effect on the City's funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5118) Additional Information Contact: Leo Sumner (6349) Logname: 21PMD VICTORY FOREST CENTER Page 2 of 2