HomeMy WebLinkAbout(0025) Resolution_Cravens.pdfA Resolution
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AUTHORIZING THE CITY ATTORNEY TO FILE A PETITION FOR TEMPORARY
INJUNCTION AGAINST VASS'E ENTERPRISES INC. OF 4201 SOUTH
CRAVENS ROAD
WHEREAS the City of Fort Worth ("City") is in the design stage of the Hazardous Roadway
Overtopping Mitigation South Cravens Road Culvert Improvements Project (the "Project"). The Project
will replace and raise portions of South Cravens Road and improve drainage through the waterway
under the bridge by replacing the existing culverts with larger ones designed for a 100-year flood event;
and
WHEREAS to complete the Project, the City must access property owned by Vass'e Enterprises
Inc. in order to conduct surveying and other due diligence, said property being located at 4201 South
Cravens Road and being described as Tarrant Appraisal District Parcel No. 03844730 in the James W.
Daniel Survey, Abstract 395, Tracts 3, 3D, 3E, 3F 3171 & 3G; and
WHEREAS the City has repeatedly sought to coordinate its survey and due diligence activities
with Vass'e Enterprises Inc. 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 surveying and
other due diligence have been unsuccessful, preventing the City from completing the surveying and due
diligence that need to be conducted in order for the Project to move forward; and
WHEREAS the City's failure to legally conduct a survey and other due diligence on the
Property places the ultimate design and construction of the Project 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 successfully complete the
Project; 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 owners should be restrained from interfering with
the City's exercise of this legal right.
ORT WORWF
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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 against
Vass'e Enterprises Inc., the owner of 4201 South Cravens Road, 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 to proceed with the Project.
Adopted this ______day of _________________ 2022.
ATTEST:
By: ..............-----------------
Jannette S. Goodall, City Secretary
ORT WORTH
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