HomeMy WebLinkAbout2020/12/01-Attachments-M&C 20-0859City of Fort Worth,
Mayor and
DATE: 12/01 /20
Texas
Council Communication
LOG NAME: 21PMD CO2505 P7 CONDEMN
SUBJECT
M&C FILE NUMBER: M&C 20-0859
(CD 6) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 5.2967 Acres in Permanent Right -of -Way Easement, 0.891
Acres in Permanent Drainage Easement, 0.6378 Acres in Permanent Slope Easement and 1.0085 Acres for Temporary Construction
Easements from Real Property Owned by Meng Zhu -Shen, Located Approximately 0.7 Miles East of W. Cleburne Road and 0.1 Miles West of
Carson Ranch Road on the South Side of N. Crowley Cleburne Road in the Moses Walters Survey, Abstract No. 1598, City of Fort Worth, Tarrant
County, Texas, for the McCart Avenue/McPherson Boulevard Project (2014 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 5.2967 acres in permanent right-of-way easement, 0.891 acres in
permanent drainage easement, 0.6378 acres in permanent slope easement and 1.0085 acres for temporary construction easements from real
property owned by Meng Zhu -Shen, located approximately 0.7 miles east of W. Cleburne Road and 0.1 miles west of Carson Ranch Road on the
south side of N. Crowley Cleburne Road in the Moses Walters Survey, Abstract No. 1598, City of Fort Worth, Tarrant County, Texas, were
unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being acquired by the City;
2. Declare the necessity to acquire the described property interests for the McCart Avenue/McPherson Boulevard Project;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property 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 the appropriate instruments.
DISCUSSION:
The land rights in the subject property are required to construct public roadway improvements that will extend McCart Avenue from Twin Leaf Drive
to N. Crowley -Cleburne Road and McPherson Boulevard from Cleburne Road to the future McCart Avenue. This new arterial will be constructed for
public use and funds for this project were included within the 2014 Capital Improvement Program. The land rights in the improved subject property
are needed for new travel lanes, storm drainage improvements, sidewalks, and streetlights as necessary.
An independent appraisal established fair market value for the various property interests in the total amount of $416,477.00. Negotiations were
unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being acquired by the City.
Upon approval, a Special Commissioners' hearing will be brought to acquire the various property interests on the property.
Parcel No.
gal Description
F
Acreage / Property
Interest
Moses Walters
5.2967 Acres /
7-ROW and 7-ROW-2
Survey, Abstract
IPermanent Right -of -Way
No. 1598
lEasements
Moses Walters
0.891 Acres /
7-DE-1 and 7-DE-2
Survey, Abstract
Permanent Drainage
No. 1598
Easements
Moses Walters
0.6378 Acres /
7-SE-1, 7-SE-2 and 7-
SE-3
Survey, Abstract
Permanent Slope
No. 1598
Easements
7-TCE-1, 7-TCE-2, 7-
Moses Walters
1.0085 Acres /
TCE-3 and 7-TCE-2.2
Survey, Abstract
Temporary Construction
No. 1598
Easements
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 5.2967 acres in right-of-
way easement, 0.891 acres in permanent drainage easement, 0.6378 acres in permanent slope easement and 1.0085 acres for temporary
construction easements from real property owned by Meng Zhu -Shen. The property is needed for the McCart Avenue/McPherson Boulevard
Project, a public use that will extend McCart Avenue from Twin Leaf Drive to N. Crowley -Cleburne Road and McPherson Boulevard from Cleburne
Road to the future McCart Avenue. The land rights in the subject property are needed for new travel lanes, storm drainage improvements,
sidewalks, and streetlights as necessary. The property is located approximately 0.7 miles east of W. Cleburne Road and 0.1 miles west of Carson
Ranch Road on the south side of N. Crowley Cleburne Road in the Moses Walters Survey, Abstract No. 1598, City of Fort Worth, Tarrant County,
Texas. The property interests to be acquired are 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.
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 upon approval of the above recommendation and award of commissioners, funds are available in the current
capital budget, as previously appropriated, of the 2014 Bond Program, McCart Avenue/McPherson Boulevard Project No. CO2505. The Property
Management Department has the responsibility to validate the availability of funds prior to the expenditure of funds.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Ricardo Salazar II 8379
Niels Brown 5166