HomeMy WebLinkAboutResolution 4940-05-2018 A Resolution
NO. 4940-05-2018
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 May 15, 2018, in M&C L-16118, ordered and
decreed that a public necessity existed for the acquisition of a permanent sewer facility easement interest
in 1.255 acres of land and a temporary construction easement in 0.547 acres of land from a tract located
in Abstract No. 776,J.W. Haynes Survey,and Abstract 195 John H. Bostick Survey,Tarrant County, Fort
Worth, Texas, 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 Council has determined that:
- the Property is needed for the Rock Creek Ranch/Tarleton State University Mixed Use
Development Project(the"Project");
- 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 Property Section of the Property Management Department is authorized to acquire by
negotiation the Property needed for the Project.
WHEREAS,the City of Fort Worth will acquire the needed property interests to obtain clear title;
and
WHEREAS,on this 15th day of May, 2018, at a regular meeting of the Fort Worth City Council,
upon Motion of Councilmember Jordan, to wit:
I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire a permanent sewer facility easement interest in 1.255 acres of land and a
temporary construction easement in 0.547 acres of land from property owned by Conglomerate Gas 11,
L.P. The property is needed for the Rock Creek Ranch/Tarleton State University Mixed Use
Development Project and is located west of the Chisolm Trail Parkway and Old Granbury Road, in
Abstract No. 776, J.W. Haynes Survey, and Abstract 195 John H. Bostick Survey, Tarrant County, Fort
u ORTWORT
Worth, Texas. The property is described by metes and bounds and depicted by survey exhibits attached
to this Mayor and Council Communication.
Seconded by Councilmember Shingleton,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 15th day of May, 2018.
AT ES
By:
Ronald P. Gonzales,A is t City Secretary *'
.rEXAs
ORT�WO �
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EXHIBIT"A"
LEGAL DESCRIPTION FOR
50' SEWER EASEMENT
All that certain lot, tract, or parcel of land, situated in a portion of the J. W. Haynes Survey, f
Abstract No. 776, and the John H. Bostick Survey, Abstract No. 195,Tarrant County,Texas,
being part of that certain called 2.26.469 acre tract described in a deed to Conglomerate Gas II,
L.P., recorded in Instrument No. D210209360 of the Deed Records of Tarrant County, Texas
(DRTCT), and being more completely described as follows, to-wit:
COMMENCING at 5/8"iron rod found in a North line of said 226.469 acre tract and a South
line of a called 701.937 acre tract described in a deed to WUSF 4 Rock Creek,LP recorded in
Instrument No. D214146610 (DRTCT), from which a PK nail with washer stamped"BURY" for
the most Northerly Northwest corner of said 701.937 acre tract bears North 43 deg. 17 min. 51
sec. East—6506.44 feet,and from which a 5/8"iron rod found in a South line of said 701.937
acre tract and a North line of said 226.469 acre tract bears South 83 deg. 07 min. 09 sec. East—
1017.67 feet, and from which a 5/8"iron rod found in a South line of said 701.937 acre tract and
a North line of said 226.469 acre tract bears North 41 deg. 16 min. 14 sec. West—566.61 feet;
THENCE South 83,deg. 07 min. 09 sec. East along said North and South lines, a distance of
280.36 feet to the TRUE POINT OF BEGINNING;
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THENCE South 83 deg. 07 min. 09 sec. East along said North and South lines, a distance of
63.94 feet;
THENCE South 31 deg. 40 min.23 sec. East departing said North and South lines, a distance of
19.00 feet;
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THENCE South 83 deg. 07 min. 20 sec. East, a distance of 495.93 feet;
THENCE South 40 deg. 56 min. 31 sec. East, a distance of 404.65 feet; J
THENCE South 66 deg. 45 min. 14 sec. East, a distance of 104.40 feet to a point in a South line I
of said 701.937 acre tract and in a North line of said 226.469 acre tract,from which a 5/8"iron
rod found for an ell corner of said 226.469 acre tract and said 701.397 acre tract bears South 29
deg. 41 min. 47 sec. East—474.29 feet; l
THENCE South 29 deg. 41 min. 47 sec. East along said North and South lines, a distance of
82.97 feet;
THENCE North 66 deg. 45 min. 14 sec. West departing said North and South lines, a distance of
182.07 feet;
THENCE North 40 deg. 56 min. 31 sec. West, a distance of 396.83 feet;
THENCE North 83 deg. 07 min. 20 sec. West, a distance of 500.73 feet;
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THENCE North 31 deg. 40 min. 23 sec. West, a distance of 82.94 feet to the POINT OF
BEGINNING, containing 54,664 square feet or 1.255 acres of land, more or less. i
Bearings are referenced to Texas State Plane Coordinate System,North Central Zone (4202),
North American Datum of 1983 as derived from GPS observation. i
Exhibit ma attached and made a art hereof.
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OF TF
JOHN N. ROGERS '
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BEARINGS ARE REFERENCED
TO TEXAS STATE PLANE
COORDINATE SYSTEM, SEE SHEET 41OR
I(4202 CNTR
ORTHE M
NORTH AMERICAN UNE TA
DATUM OF 1983 AS DERIVED
ROM GPS OBSERVATION.
\ 518 L.R.F. �� ✓O 7�V
�AYACT
J W.
ABSTR
�29�
CALLED 701.937 AQW5 TRACT 24
41 WkF e�
S6.
PET.4�D214145510
6`6 DR.T.G T.
\ 15' PIPELINE EASEMENT 25 ACCESS EASEMENT
DOC. NO. D210209360, DOC. NO. D2110244342.
P.R.T.C.T. I
280.36' D.R.T.0 7.
POINT OF S 83.07 4 5="
I
20" 95.93 ._ rAF. i
\ COMMENCING POINT OF _
518- I.A.F. DL'/�il►Tl►TT7►T!1 -`
DL�Jil\/�11��J m N 83'0720" W S
v rn 500.73' X000
I-IVO
50' SEWER EASEMENT 14 . `C1
'
54,664 SQ. FT. / 1.255 AC.
f
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REHAD1M CIF CALLm 225.469 AQP TRACT UAE I
LLIAGLUIEF W GAS IZ LP.
MT. M7. D210209360 I
I DA.T.C.T.
US � 1 I
A 1082
GRAPHIC SCAL 1 ..=200 � HUHU RACT N� l
D ASST l
0 200 400
I
EXHIBIT"A"MAP SHOWING tj
50'SEWER EASEMENT, SITUATED IN A PORTION OF THE o
J.W. HAYNES SURVEY,ABSTRACT NO. 776,
J.H. BOSTICK SURVEY,ABSTRACT NO. 195,
J.M. MUHLINGHAUS SURVEY,ABSTRACT NO. 1157, p
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
00D VV llA�s = :...
Job No. 10639 Scale 1" 200' Sheet
....
JOHN N. ROGERS
�I ARSHALL Drafted B.A.J. Checked J.N.R. "
3 '.,0 6372 Pv:
CIVIL 2405 Mustang PLANNERS
S SURVEYORS Surveyed on the Ground 12/16/2016 p f < 3UHpP
g Drive exas 7605
Metro(817)329-4373 Date Prepared+ 6/14/2017
TBPE REGISTRATION#F-2944 4U
TBPLS#10021700 Revised 1 Revised i I Date Signed 1 -P /f/ ill
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GRAPHIC SCALE 1 "=200 '
e�
0 200 400
I
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t AF 4ROCK93 �LP 24 r r R� 5
PEr. hQ. a21414WI0 S V Q 5
OR.r.C.r. STICK No. �
B� ACT
J.
DOC. � BSTR f
15' PIPELINE EASEMENT A
DOC. NO. D210209360.
\ P.R.T.C.T.
50' SEVER EASEMENT
54,664 SQ. FT. f >.255 AC.
NG6.QS
L4
�\ LINE TABLE
LINE BEARING DISTANCE
L1 S83'07'09"E 63.94'
�j L2 S31'40'23"E 19.00'
\ L3 S66'45'14"E 104.40'
V �f 25' ACCESS EASEMENT L4 S29 41-47"E, 82.97'
DOC. NO. 0210244342,
D R.T.C.T.
5/B' I.R.F.
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Co
SURI�E'Y BEARINGS ARE REFERENCED !
NIUNLINGNAIIS 1157 TO TEXAS STATE PLANE
�� I ABSTRACT NO• COORDINATE SYSTEM,
NORTH CENTRAL ZONE
(4202 ), NORTH AMERICAN
DATUM OF 1983 AS DERIVED ;
EXHIBIT"A"MAP SHOWING FROM GPS OBSERVATION.
50'SEWER EASEMENT,SITUATED IN A PORTION OF THE
J.W. HAYNES SURVEY,ABSTRACT NO.776, °
J.H. BOSTICK SURVEY,ABSTRACT NO. 195,
J.M. MUHLINGHAUS SURVEY,ABSTRACT NO. 1157,
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS P(E. F.rF
G®®DWWR Job No. i 10639 Scafei 1" = 200' Sheei ,
�3LL Drafted 1 B.A.J. Checked 1 J.N.R. .JOHN NROGER.. a
4 ' `�• N. Qy •
CIVIL ENGINEERS--PLANNERS--SURVEYORS Surveyed on the Ground 12/16/2016 � o�ESSZ�`'•oQ
2405 Mustang Drive,Grapevine,Texas 76051 0 f gC
Metro(817)329-4373 Date Prepared 1 6/14/2017
TBPE REGISTRATION#F-2944 4 ,
TBPLS#10021700 Revised i Revised i Date Signed,l /jll--/
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EXHIBIT"A"
LEGAL DESCRIPTION FOR
20' TEMPORARY CONSTRUCTION EASEMENT
All that certain lot,tract, or parcel of land, situated in a portion of the J. W.Haynes Survey, i
Abstract No. 776, and the John H. Bostick Survey,Abstract No. 195, Tarrant County,Texas,
being part of that certain called 226.469 acre tract described in a deed to Conglomerate Gas II,
L.P., recorded in Instrument No. D210209360 of the Deed Records of Tarrant County,Texas
(DRTCT), and being more completely described as follows, to-wit:
COMMENCING at 5/8" iron rod found in a North line of said 226.469 acre tract and a South i
line of a called 701.937 acre tract described in a deed to WUSF 4 Rock Creek,LP recorded in
Instrument No.D214146610 (DRTCT), from which a PK nail with washer stamped"BURY" for
the most Northerly Northwest corner of said 701.937 acre tract bears North 43 deg. 17 min. 51
sec. East—6506.44 feet, and fi•om which a 5/8"iron rod found in a South line of said 701.937
acre tract and a North line of said 226.469 acre tract bears South 83 deg. 07 min. 09 sec. East—
1017.67 feet, and from which a 5/8"iron rod found in a South line of said 701.937 acre tract and j
a North line of said 226.469 acre tract bears North 41 deg. 16 min. 14 sec. West—566.61 feet;
I
THENCE South 83 deg. 07 min. 09 sec. East along said North and South lines, a distance of
254.78 feet to the TRUE POINT OF BEGINNING;
THENCE South 83 deg. 07 min. 09 sec.East continue along said North and South lines, a
distance of 25.57 feet;
THENCE South 31 deg. 40 min. 23 sec. East departing said North and South lines, a distance of
82.94 feet;
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THENCE South 83 deg. 07 min. 20 sec. East, a distance of 500..73 feet;
THENCE South 40 deg. 56 min. 31 sec. East, a distance of 396.83 feet;
1
THENCE South 66 deg. 45 min. 14 sec. East, a distance of 182.07 feet to a point in a South line
of said 701.937 acre tract and in a North line of said 226.469 acre tract, from which a 5/8" iron
rod found for an ell corner of said 226.469 acre tract and said 701.397 acre tract bears South 29
deg. 41 min.47 sec.East—391.32 feet ;
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THENCE South 29 deg. 41 min.47 sec. East along said North and South lines, a distance of j
33.19 feet; �
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THENCE North 66 deg.45 min. 14 sec. West departing said North and South lines, a distance of
213.14 feet;
THENCE North 40 deg. 56 min. 31 sec. West,a distance of 393.70 feet;
THENCE North 83 deg. 07 min. 20 sec. West, a distance of 502.65 feet;
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THENCE North 31 deg.40 min. 23 sec. West, a distance of 108.52 feet to the POINT OF
BEGINNING,containing 23,806 square feet or 0.547 acres of land,more or less.
Bearings are referenced to Texas State Plane Coordinate System,North Central Zone(4202),
North American Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof.
F
�,'�?'.• isle �s I
JOHN•N. ROGERS
, o B37Qy:
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BEARINGS ARE REFERENCED
TO TEXAS STATE PLANE
COORDINATE SYSTEM, SEE SHEET 4FOR
NORTH CENTRAL ZONE
(4202 1, NORTH AMERICAN UNE TABLE
DATUM OF 1983 AS DERIVED
SROM GPS OBSERVATION.
\\ 0 R1 1
\ 5/B- IAF. YNES SO 1� I
\ NA ACT J*Vi I
z J. Abs
\69. CALLED 701.937 ACRES TRACT 2A
/v htGF 4 ROCK CREEK. LP
\S� INST. M7. D214146610
DA.T.C.T. j
\6' POW OF I I
BEGW41NG 25' ACCESS(IE�ASEMENT
\\ DOC. NO. D290244342.
Ll D.R.T.C.T. I
254.7
POINT OF s. - < �=�-- 5/ F, i
\ COMMENCING _
S 83'07'20" E 500.73' -
5/8 IAF.
PIPELINE EASEMENT N 83'07'20 S
` DDC. NO. D21o2093so, fV 502.65'
T.C.T.T ifi p0�
90 6u�
1 20' TEMPORARY
CONSTRUCTION EASEMEN
23,806 SQ. FT. / 0.547 AC. gyp,
i
REMAINDER OF CALLED 226.469 ACRES, TRACT OW
COIGLOWRATE 6AS 77, L.P.
PCT. M. 0210209360 I
DA.T.C.T.
UEY
GHAUS 51082
GRAPHIC SCALE I "=200 ' oHAINA No.
D- ABSTR
0 200 400
1 � i
EXHIBIT"A" MAP SHOWING a
20'TEMPORARY CONSTRUCTION EASEMENT, N
SITUATED IN A PORTION OF THE m
J.W. HAYNES SURVEY,ABSTRACT NO. 776, o
J.H. BOSTICK SURVEY, ABSTRACT NO. 195, of T o
CITY OF FORT WORTH TARRANT COUNTY TEXAS
G°OODWWR Job No. : 10639 Scale: 1" = 200' Sheet .., .
Y
1\YII�SHALL V Drafted: B.A.J. Checked: J.N.R. JOHN .. ROGE.. 0
3 .:�'6's72'
CIVIL ENGINEERS—PLANNERS--SURVEYORS
2405 Mustang Drive,Grapevine,Texas 76051 Surveyed an the Ground 12/16/2016 o f < St M
Metro(817)329-4373 Dole Prepared: 9/26/2017
TBPE REGISTRATION#F-2944 4
TBPLS#10021700 Revised: Revised: Dale Signed lG i1
GRAPHIC SCALE 1 "=200 '
1
0 200 400 i
l
ICALLED 701.937 ACRES, TRACT 2AKISF ROCK
INST4AO. DD211i46610 SU1 95
D.R.T.C.T.\� V ST No. n(� J- ABSTRA CT
15' PIPELINE EASEMENT
\ DOC. N0, W10209360,
P.R:T.C.T.T.C.T.
25' ACCESS EASEMENT LINE TABLE
DOC. N0. D210244342,
� o.R.r.c.r. LINE BEARING DISTANCE
\ 20' TEMPORARY L1 S83'07'09'E 25.57'
�3 \ CONSTRUCTION EASEMENT L2 S31*40'23"E 82.94'
L4 23,806 SQ. FT. / 0.547 AC. L3 S66'45'14"E 182.07'
I 4s L4 S29'41'47"E 33.19'
L5 N66'45"14"W 213.14'
L6 N31*40'23"W 108.52'
n
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W �O r.
t\
IIm�
f Co^ MUII�INGNAUS SURREY BEARINGS ARE REFERENCED
f M. 1157 TO TEXAS STATE PLANE
Cf)' ABSTRACT N�' COORDINATE SYSTEM,
NORTH CENTRAL ZONE
s(e IAF.
EXHIBIT"A" MAP SHOWING DATUM OFn1983HASMDERIVED
20'TEMPORARY CONSTRUCTION EASEMENT, FROM GPS OBSERVATION. w
SITUATED IN A PORTION OF THE
J.W. HAYNES SURVEY, ABSTRACT NO. 776, o
J.H. BOSTICK SURVEY,ABSTRACT NO. 195, o
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS �Pc .°F.TF
(300DIVANI Job No. : 10639 Scale: 1" 200' Sheet :... .
JOHN N. ROGERS Y
MI
SHALL
Drafted B.A.J. Checked J.N.R. 4 "'•; 8972 Pv:
CIVIL ENGINEERS--PLANNERS--SURVEYORS
2405 Mustang Drive,Grapevine,Texas 76051 Surveyed on the Ground 12/16/2016 of <q 5Up yoQ w
Metro(817)329-4373 Dole Prepared' 9/26/2017
TBPE REGISTRATION#F-2944 4 w
TBPLS#10021700 Revised: Revised: Dale Signed �-f !
21 PMD ROCK CREEK RANCH
TARLETON STATE UNIVERSITY
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SEWER MAIN
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SUBJECT: OWNED BY �
CONGLOMERATE GAS II LP
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FORTWORTH. Copyright 2018 Cfty of Fort Worth Unauth 8d reproduction is a violation appibable laws. Th,s product>s for
Wormetbnal purposes and may not have been prepared for or be suitable for legal, engtrtearing, a su is for
purposes. It does not represent an on4t»-ground survey and represents only the approximate rolatFA bcatbn of
property boundaries. The Cily of Fort Wath assumes no responslbilty for the aocuraq of seld data.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/15/2018 - Resolution No. 4940-05-2018
DATE: Tuesday, May 15, 2018 REFERENCE NO.: L-16118
LOG NAME: 21 PMD ROCK CREEK RANCH/TARLETON STATE
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Permanent Sewer Facility
Easement in Approximately 1.255 Acres of Land and a Temporary Construction Easement in
Approximately 0.547 Acres of Land Owned by Conglomerate Gas II, L.P. Located in Abstract No. 776, J.W.
Haynes Survey, and Abstract 195 John H. Bostick Survey, Tarrant County, Fort Worth, Texas, for the Rock
Creek Ranch/Tarleton State University Mixed Use Development Project (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the landowner to acquire a permanent sewer facility
easement in approximately 1.255 acres of land and a temporary construction easement in approximately
0.547 acres on land owned by Conglomerate Gas 11, L.P., located west of the Chisolm Trail Parkway and
Old Granbury Road in Abstract No. 776, J.W. Haynes Survey and Abstract 195, John H. Bostick Survey,
Tarrant County, Fort Worth, Texas, were unsuccessful due to the inability to reach a mutually agreed upon
value for the property interest being acquired by the City;
2. Declare the necessity to acquire the permanent sewer facility and temporary construction easement
interests for the Rock Creek Ranch/Tarleton State University Mixed Use Development Project;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the
property for the public use for the Rock Creek Ranch/Tarleton State University Mixed Use Development
Project;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the
described permanent sewer facility and temporary construction easement interests 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 appropriate instruments.
DISCUSSION:
Under the Developer Funding Agreement (City Secretary Contract No. 49999), executed November 23,
2017, the land rights in the subject property are needed in order to promote safe, orderly and sanitary
development in anticipation of the construction of a mixed-use development that includes a Tarleton State
University satellite campus and the extension of a sanitary sewer line from the campus to a future lift
station located downstream of the property.
An independent appraisal established fair market value for the permanent and temporary easements in
Logname: 21PMD ROCK CREEK RANCHJTARLETON STATE Page 1 of 3
the total amount of$9,579.00. Negotiations were unsuccessful due to the inability to reach a mutually
agreed upon value for the property interest being acquired by the City. Upon approval, a Special
Commissioners' hearing will be brought to acquire the permanent sewer facility easement and temporary
construction easement on the property.
Property Interest Appraised Offer
Amount
Permanent Sewer Easement (1.255 acres) $8,157.00
Temporary Construction Easement (0.547
$1,422.00
acres)
Total Compensation F$9,579.00
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 a permanent sewer facility easement interest in 1.255 acres of land and a temporary
construction easement in 0.547 acres of land from property owned by Conglomerate Gas II, L.P. The
property is needed for the Rock Creek Ranch/Tarleton State University Mixed Use Development Project
and is located west of the Chisolm Trail Parkway and Old Granbury Road, in Abstract No. 776, J.W.
Haynes Survey, and Abstract 195 John H. Bostick Survey, Tarrant County, Fort Worth, Texas. The
property 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 6.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and award of
commissioners, funds will be collected and deposited by the Water Department in accordance with the
terms of the Development Funding Agreement.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Logname: 21 PMD ROCK CREEK RANCH/TARLETON STATE Page 2 of 3
Jay Chapa (5804)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Deanna Cody (8379)
Logname: 21PMD ROCK CREEK RANCH/TARLETON STATE Page 3 of 3