HomeMy WebLinkAbout(0095) 21CONDEMN C02702 P14 Resolution_20210106_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 0.166 acres in permanent sewer facility
easement, 0.348 acres for a temporary access easement and 0.247 acres for a temporary construction
easement from real property located on the southside of Baker Boulevard between Big Fossil Creek and
the junction of State Highway 26 and Baker Boulevard in the George Akers Survey, Abstract No. 30,
Tract 2A, City of Haltom City, 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 Big Fossil Creek Parallel Relief Sanitary Sewer Main M-402A,
Phase 2 project (the "Project");
- the land rights in the Property are needed for new sewer line 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, TK & AS
Investments, Inc., 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 0.166 acres in permanent sewer facility easement, 0.348 acres for a temporary
access easement and 0.247 acres for a temporary construction easement from real property owned by TK
& AS Investments, Inc. The property is needed for the Big Fossil Creek Parallel Relief Sanitary Sewer
Main M-402A, Phase 2 project, a public use that will provide parallel relief for sewer main M-402A. The
land rights in the subject property are needed for the construction, operation, maintenance, replacement,
upgrade, and repair of the permanent sewer line facility as necessary.
The property is located on the southside of Baker Boulevard between Big Fossil Creek and the
junction of State Highway 26 and Baker Boulevard in the George Akers Survey, Abstract No. 30, Tract
2A, City of Haltom City, 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 fled, 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 interests listed above and attached to the M&C.
Adopted this day of
ATTEST:
:A
Mary Kayser, City Secretary
20