HomeMy WebLinkAboutResolution 5410-06-2021 A Resolution
NO. 5410-06-2021
AUTHORIZING THE CITY ATTORNEY TO FILE A PETITION FOR TEMPORARY
INJUNCTION AGAINST THE CO-EXECUTORS OF
THE ESTATE OF MANUCHER NAZARIAN
WHEREAS, the City of Fort Worth ("City") City is in the planning stage of constructing the
Westside III Water Transmission Main ("the Project'). The Project will deliver water from the Westside
Water Treatment Plant (Old Weatherford Road) to the south side of Interstate 20 (just west of Markum
Ranch Road); and
WHEREAS, one of the alignments being considered by the City includes unimproved property
owned by the Estate of Manucher Nazarian located at 12501 Camp Bowie West Blvd., described as
Parcel No. 102688 in the Jonathan Burleson Survey, Abstract 78; and
WHEREAS, the City has repeatedly sought to coordinate its examination and survey activities
with Michael Nazarian by entering into a voluntary access agreement that would allow the City to
conduct the due diligence activities it is entitled to conduct under the law; and
WHEREAS, efforts to obtain permission to enter the property in order to perform due diligence
work have been unsuccessful thus preventing the City from completing the due diligence activities that
need to be conducted in order for the Project to move forward; and
WHEREAS, the City's failure to legally identify and finalize the route of the easement on the
Property places the ultimate design and acquisition of the Property in jeopardy; and
WHEREAS, because the City is vested with the power of eminent domain, the City is legally
entitled to enter the Property and conduct the due diligence necessary to determine the most
advantageous route for the easement; and
WHEREAS, pursuant to Section 65.011(1) of the Texas Civil Practice and Remedies Code,
injunctive relief is appropriate when the applicant is entitled to the relief sought and such relief requires
the restraining of some act prejudicial to the applicant. As a matter of law, the City is entitled to enter
upon the Property to conduct its due diligence and the co-executors should be restrained from interfering
with the City's exercise of this legal right.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS,THAT:
The City Council authorizes the City Attorney to file a Petition for Temporary Injunction in
order to preserve the status quo and to protect the City's statutory right to access the property to conduct
the due diligence and survey activities necessary for the City's proposed water line easement against
Michael Nazarian, Rachel Nazarian and Rebekah Nazarian as co-executors of The Estate of Manucher
Nazarian.
Adopted this 22"d day of June 2021.
ATTEST:
By: F
Mary J. Kayser, City Secretary ORT�L
A. :O
:2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/22/21 M&C FILE NUMBER: M&C 21-0450
LOG NAME: 12CPN 102688 WESTSIDE III WATER TRANS.MAIN PARCEL N 102688
SUBJECT
(ETJ near CD 3)Adopt Attached Resolution Authorizing the City's Petition for Temporary Injunction Against Michael Nazarian, Rachel Nazarian,
and Rebekah Nazarian as co-executors of the Estate of Manucher Nazarian,the Owner of Property Located at 12501 Camp Bowie West Blvd.,in
the Jonathan Burleson Survey,Abstract 78 Seeking a Temporary Right of Entry to Conduct Due Diligence in Anticipation of the Westside III Water
Transmission Main Project
RECOMMENDATION:
It is recommended that the City Council authorize the City Attorney to file a Petition for Temporary Injunction against Michael Nazarian, Rachel
Nazarian,and Rebekah Nazarian as co-executors of the Estate of Manucher Nazarian to gain access to the property described in order to conduct
due diligence.
DISCUSSION:
The City is in the planning stage of constructing the Westside III Water Transmission Main(the Project).The Project will deliver water from the
Westside Water Treatment Plant(Old Weatherford Road)to the south side of Interstate 20 oust west of Markum Ranch Road). One of the
alignments being considered by the City includes property owned by the Estate of Manucher Nazarian. This alignment would run primarily parallel
to the eastern property boundary,and then move towards the northeast corner to follow the future TxDOT right-of-way acquisition for future
overpass construction over Interstate 20.Records indicate that Michael Nazarian is the individual in care of the Estate of Manucher Nazarian.
Efforts to obtain permission to enter the property in order to perform due diligence work have been unsuccessful. Therefore,staff seeks Council
authority to file suit to obtain a temporary injunction to allow employees of the City of Fort Worth,registered contractors and their sub-consultants to
enter the property to perform due diligence work.
As part of the City's due diligence for the Project,the City needs a Temporary Right of Entry to perform the following:
1. Geo-technical analysis to include shovel testing and borings(backfilled upon drilling);
2. On-the-ground survey and appraisal;
3. Environmental jurisdiction determination to identify open waters or wetlands;
4. Environmental archaeological site review to identify cultural resources from history of operations in the area to include shovel testing along
the alignment and backhoe trenching at key areas and creek crossings(backfilled upon completion);
5. Subsurface utility exploration to include Quality Level A Test Holes(backfilled upon completion);and
6. In-situ soil resistivity testing to identify soil resistivity along the proposed alignment;and
7. General site observation.
Accordingly, it is recommended that the City Council adopt the attached Resolution authorizing the filing of the Petition for Temporary
Injunction in Tarrant County,Texas.
This property is located in the City's ETJ near COUNCIL DISTRICT 3.
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 this action will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burgdhoff 8018
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Chris Harder 5020
Ricky Salazar 8379
Expedited