HomeMy WebLinkAbout2020/12/01-Attachments-C02505 P7 Resolution M&C Condemn_nb.PDFA Resolution
NO.
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 , 20, in M&C ,
ordered and decreed that a public necessity existed 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, 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, as
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 McCart Avenue/McPherson Boulevard Project (the "Project") 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 Property are needed for new travel lanes, storm drainage improvements,
sidewalks, and streetlights improvements;
- 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 Division of the Property Management Department is authorized to acquire
by negotiation the Property needed for the Project.
WHEREAS, negotiations between the City of Fort Worth and the property owner, Meng Zhu -
Shen, were unsuccessful due to the inability to reach a mutually agreed upon value for the property
interests being acquired by the City of Fort Worth; and
WHEREAS, on this day of , 20 , at a regular meeting of the
Fort Worth City Council, upon Motion of Councilmember , to wit:
"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."
Seconded by , 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 day of
ATTEST:
Mary Kayser, City Secretary
20