HomeMy WebLinkAbout(0027) RESOLUTION - Nazarian.PDFA Resolution
NO.
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-exectuors should be restrained from interfering
with the City's exercise of this legal right.
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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 ____day of___2021.
ATTEST:
By' ----
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Mary Kayser, City Secretary
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