HomeMy WebLinkAboutResolution 5596-08-2022 A Resolution
NO. 5596-08-2022
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 August 9, 2022, in M&C 22-0578, ordered and
decreed that a public necessity existed to acquire 4.269 acres in permanent water facility easement and
1.0291 acres in temporary construction easement, from real property located 12501 Camp Bowie West
Boulevard, in the Jonathan Burleson Survey, Abstract 78, 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 the Westside III Water Transmission Main project(the"Project");
- the land rights in the Property are needed for the continuation of water 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 Estate Division of the Property Management Department is authorized to acquire by
negotiation the Property needed for the Project.
WHEREAS,the City of Fort Worth will acquire the needed property interests by eminent domain
to obtain clear title and because no agreement could be reached to purchase the property from the owner;
and
WHEREAS, on this 9th day of August, 2022, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Crain,to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 4.269 acres in permanent water facility easement and 1.0291 acres in
temporary construction easement owned by Michael Nazarian, Rachel Nazarian, and Rebekah Nazarian,
Co-Executors of the Estate of Manucher Nazarian, located at 12501 Camp Bowie West Boulevard, in
the Jonathan Burleson Survey, Abstract 78, Tarrant County, Texas. The property is needed for the
Westside III Water Transmission Main project, a public use that will provide water from the Westside
Water Treatment Plant (Old Weatherford Road) to the south side of Interstate 20 (just west of Markum
Ranch Road). The land rights in the subject property are needed for the continuation of water line
improvements. 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 Councilmember Blaylock,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 9t'day of August 2022.
ATTEST:
FORT
By: Jannette S.Goodall(Aug 11,202213:52 CDT)
Jannette Goodall, City Secretary U
TEXAS
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LEGAL DESCRIPTION
PERMANENT WATER &RECLAIMED WATER LINE EASEMENT
BEING a 4.2112 acre(183,438 square foot)tract of land situated in the Jonathan Burleson Survey,Abstract No.78,City of Fort
Worth,Tarrant County,Texas;said tract being part of that tract of land described in Quitclaim Deed to Manucher Nazarian
recorded in Instrument No. D190008157 of the Official Public Records of Tarrant County,Texas;said tract being more
particularly described as follows:
COMMENCING at a concrete monument found in the south right-of-way line of West Freeway(a variable width right-of-way);
THENCE along the said south line of West Freeway,the following three(3)calls:
North 89035'17"East,a distance of 195.50 feet to a concrete monument found;
North 00*01'17"East,a distance of 19.90 feet to a point;
North 89°35'20"East,a distance of 1921.37 feet to a point;
THENCE South 00°1653"West,departing the said south line of West Freeway,a distance of 35.00 feet to the POINT OF
BEGINNING;said point being In the proposed south line of said West Freeway;
THENCE North 89"35'20"East,along the said proposed south line of West Freeway,a distance of 71.88 feet to a point for
corner;
THENCE South 00"00'00"East,a distance of 71.44 feet to a point for corner;
THENCE South 45°00'00"East,a distance of 105.18 feet to a point for comer;
THENCE North 90"00'00"East,a distance of 114.30 feet to a point for corner:
THENCE South 45"00'00"East,a distance of 107.53 feet to a point for corner;
THENCE South 00°19'04"West,a distance of 1,458.01 feet to a point for corner:
THENCE South 00"18'05"West,a distance of 1724.27 feet to 14nch iron rod found for comer;
THENCE South 0"07'54"East,a distance of 52.58 feet to a point for comer:
THENCE South 89°52'06"West,a distance of 50.00 feet to a point for comer;
THENCE North 00"07'54"West,a distance of 52.77 feet to a point for corner:
THENCE North 00*18'05"East,a distance of 1,724.46 feet to a point for comer;
THENCE North 00°19'04"East,a distance of 1,437.15 feet to a point for comer;
THENCE North 45°00'00"West,a distance of 65.95 feet to a point for comer;
THENCE North 90"00'00"West,a distance of 114.30 feet to a point for comer:
THENCE North 45°00'00"West,a distance of 178.03 feet to a point for corner;
THENCE North 00*16'53"East,a distance of 69.42 feet to the POINT OF BEGINNING and containing 183,438 square feet or
4.2112 acres of land,more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202).
A survey plat of even survey date herewith accompanies this metes&bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement tract described.
EXHIBIT 'W'
PERMANENT WATER &
RECLAIMED WATER LINE EASEMENT
�P(E'OF T JONATHAN ABSTRACTT NO.E N,
78
ICHAEL C. BILLINGSLEY �` CITY OF FORT WORTH
REGISTERED PROFESSIONAL ........:... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
UN CHERRY STREET, Kimlev* Horn
UNIT 11 SUITE 1300 •'•.,.09 6558 Pam,;•
FORT WORTH,TEXAS 76102 4,y . ...S S.... . am Cher,y street.Unit 11,a 1300 I TaL No.(817)335-6511
PH. 817-335-6511 g U. I Fort WoAh,Texas 70102 FIRM 010,94010 www.kimley-hom.com
Scale Drawn by I Checked by I Dale I Project No. Sheet No.
Michael.billingsleya@kimley-hom.com N/A COP MCB 9/27/2021 1 061018380 10F3
BILLINGSLEY,MICHAEL 9/27/2021 11:35 AM K:\FTW_SURVEY1061018380-WSIII 36-INCH WLIDWGIEASEMENTS1061 01 8 3 8 0-WSIII 36-INCH WL_WATER ESMT NAZARIAN.DWG
WEST FREEWAY
(A VARIABLE WIDTH RIGHT-OF-WAY) NORTH
PROPOSEDFUTURE
RIGHT-OF-WAY LINE
CMF (BY SEPARATE INSTRUMENT)
( 0 100 200
C.M.)
N89'35'20"E 1921.37•
GRAPHIC SCALE IN FEET
N89 '17"E 35 NO'01'17"E J
195.50' 19.90 P.O.U.1 L17
CMF �Q
(C.M.) L5
P.O.C. L15 �� I
Q
PERMANENT
LINE TABLE LINE TABLE WATER &
NO. BEARING LENGTH NO. BEARING LENGTH RECLAIMED
L1 N00'16'53"E 35.00' 1-10 S89'52'06 W 50.00' WATER LINE I
L2 N89°35'20"E 71.88' L11 N00°07'54"W 52.77' EASEMENT .a o-
4.2112 ACRES I W of cj
0.
L3 800°00'00"E 71.44' L12 N00°18'05"E 1724.46' 183,438 SQ. FT. z ez
L4 S45'00'00"E 105.18' L13 N00'19'04"E 1437.15' U Z
YWJ
L5 N90°00'00"E 114.30' L14 N45'00'00"W 65.95' MANUCHER NAZARIAN Z
L6 S45'00'00"E 107.53' L15 N90'00'00"W 114.30 (INST.NO.D190008157)
I
L7 S00'19'04'W 1458.01' L16 N45°00'00"W 178.03' I
L8 S00'18'05'W 1724.27' L17 N00.16'53"E 69.42'
L9 S00'07'54"E 52.58'
LEGEND
P.O.C.-POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING I
IRSC=5/8"IRON ROD W/"KHA"CAP SET J I
IRF=IRON ROD FOUND
CMF=CONCRETE MONUMENT FOUND
C.M.=CONTROLLING MONUMENT mun wimmi nimm min minin
NOTES MATCH LINE (SEE SHEET 3)
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202).
A metes&bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately
sets out the metes and bounds of the easement tract. EXHIBIT "A"
PERMANENT WATER &
RECLAIMED WATER LINE EASEMENT
D
r JONATHAN BURLESON,
4z z
/ ��PFly� ABSTRACT NO. 78
MICHAEL C. BILLINGSLEY ; CITY OF FORT WORTH
REGISTERED PROFESSIONAL ....:.... .........:... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO.6558 MICHAEILLINGSLEY801 CHERRY STREET, "'`"" ' """"UNIT11 SUITE1300 0 �: Ki m a )) Horn
P:FORT WORTH,TEXAS 76102 4 '' �". O� Sol Cho"Suss,una 11,01300 TN.No.(817 335-6511
N "'�y Fort Worm•Truro 76102 FIRM a 1019,040 www.kimley-hom.00m
PH. 817-335-6511 V Scale Dawn by cneu ed by D�Ie Project No. Sheet No.
michael.billingsley@kimley-horn.com ,•=zoo CDP MCe ea7H02, 06,016360 20F3
BILUNGSLEY,MICHAEL 9127/2021 11:36 AM KAFTW_SURVEY1061018380-WSIII 36-INCH WLIDWGIEASEMEN7S1061018380-WSIII 36-INCH WL_WATER ESMT NAZARIAN.DWG
MATCH LINE "A" MATCH LINE (SEE SHEET 2)
)end mr
NORTH
JI
0 100 200
GRAPHIC SCALE IN FEET /
LEGEND N
J 60
P.O.C.=POINT OF COMMENCING =04
P.O.B.=POINT OF BEGINNING
IRSC=5/8"IRON ROD W/"KHA"CAP SET MANUCHER NAZARIAN Cl w�a
IRF=IRON ROD FOUND / (INST.NO.D190008157) J
CMF=CONCRETE MONUMENT FOUND / (j Z Ln
C.M.=CONTROLLING MONUMENT I Y w
sn
O O
� K"
rn BOURKE C.HARVEY I
N Q m IRREVOCABLE TRUST(2012)
UTILITY EASEMENT v o (INST.NO.D218093312)
(INST.NO.D205071420) w
(INST.NO.D205071421) y z
mmz z PERMANENT
r WATER &
RECLAIMED
PERMANENT WATER LINE
I I WATER& I EASEMENT
I RECLAIMED 4.2112 ACRES
WATER LINE 183,438 SO. FT.
It EASEMENT
It 4.2112 ACRES >
It 183,438 SQ. FT. N=COO
I I �w�
ABSTRACT NO.�71199 I V U O
i I JOTHAN BUFUFSON SLOWYEY, Y
NA O
ABSTRACT NO.78 _ W Z
MANUCHER NAZARIAN J 1"IRF O 1n
(INST.NO.D190008157) J L10 (C.M.) I to
WALSH RANCHES
LIMITED PARTNERSHIP
I (VOL.12624,PG.92)
I ttttttt� t� ttt� ttt� 9ttttt9la r
MATCH LINE "A"
EXHIBIT "A"
PERMANENT WATER &
RECLAIMED WATER LINE EASEMENT
JONATHAN BURLESON,
ABSTRACT NO. 78
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev* Horn
801 Cherry Street,Unk 11,#1300 Tel.No.(817)335-6511
Fat Worth,Texes 76102 FIRM N 10194040 ww .kimley-hornxom
Smote I Oravm by I Checked by 1 O.te 1 I'mied No. I Sheet No.
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BILLINGSLEY,MICHAEL 9/27/2021 11:36 AM K:\FTW_SURVEY\061018380-WSIII 36-INCH WL\DWG\EASEMENTS\061018380-WSIII 36-INCH WL_WATER ESMT NAZARIAN.DWG
LEGAL DESCRIPTION
PERMANENT WATER& RECLAIMED WATER LINE EASEMENT
BEING a 0.0578 acre (2,516 square foot) tract of land situated in the Jonathan Burleson Survey, Abstract No. 78,
City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Quitclaim Deed to
Manucher Nazarian recorded in Instrument No. D190008157 of the Official Public Records of Tarrant County, Texas;
said tract being more particularly described as follows:
COMMENCING at a concrete monument found in the south right-of-way line of West Freeway (a variable width
right-of-way);
THENCE along the said south line of West Freeway,the following three(3)calls:
North 8903617"East, a distance of 195.50 feet to a concrete monument found;
North 00001'17"East, a distance of 19.90 feet to a point;
North 89e35'20"East,a distance of 1920.95 feet to the POINT OF BEGINNING;
THENCE North 89e35'20" East, continuing along the said south line of West Freeway, a distance of 71.88 feet to a
point for corner;
THENCE South 00024'40" East, departing the said south line of West Freeway, a distance of 35.00 feet to a point for
comer;
THENCE South 89035'20"West, a distance of 71.88 feet to a point for comer;
THENCE North 00024'40"West, a distance of 35.00 feet to the POINT OF BEGINNING and containing 2,516 square
feet or 0.0578 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202).
A survey plat of even survey date herewith accompanies this metes&bounds description.
The undersigned,Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement tract described.
EXHIBIT "B"
PERMANENT WATER &
RECLAIMED WATER LINE EASEMENT
JONATHAN BURLESON,
�.�P',����,'isr `c.'�,y� ABSTRACT NO. 78
elCHAEL"C. BILLINGSLEY *. * CITY OF FORT WORTH
REGISTERED PROFESSIONAL ...:.......................:... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, •<... '. .� 4.• KnIgpoHorn
6558
UNIT 11 SUITE 1300 �''O,pP:FORT WORTH, TEXAS 76102 9 r7F E S 5��.•' O W1 Chevy Sb"t,�11, rst.No.(e17)33s�S11
ND•" " �y FortNbrlh,Texas M02 FIRM t 101B4W0 www.klmbyfiMn.00m
PH. 817-335-6511 S k V
S=le I Drawn by I Checked by Date
- Proied No. She=t No.
16 Michael.billingsley@)kimley-hom.com NIA CDP MCB I OQ912021 061019390 1 DF2
PADILLA,CAELAN 9/29/2021 1:43 PM K:IFTW SURVEY1061018380-WSIII 36-INCH WLIDWGIEASEMENTS1061 01 8 3 80-WSIII 36-INCH WL_WATER ESMT2 NAZARIAN.DWG
WEST FREEWAY
(A VARIABLE WIDTH RIGHT-OF-WAY) n./'�. NORTH
PROPOSED FUTURE r v
B.
RIGHT-OF-WAY LINE
CMF (BY SEPARATE INSTRUMENT)
0 100 200
(C.M.) _ _ N89*362ME 1920.96 _ L1 — —
04
J — GRAPHIC SCALE IN FEET
N89'35'17"E NO'01'17"E L3 c
195.50' 19.90'
CMF PERMANENT >n Z >n A
(C.M.) WATER & rn
C
nr- ny
RECLAIMED "=y I Zo I
P.O.C. oz
WATER LINE C.(4 d rn I
EASEMENT
0.0578 ACRES
2,516 SQ. FT.
BOURKE C.HARVEY x r IRREVOCABLE TRUST(2012) I w _
LINE TABLE X C9
(INST.NO.D218093312) '=a
Q
NO. BEARING LENGTH }LU to
U Z n
L1 S89'35'20'W 71.88' Id LU
MANUCHER NAZARIAN Z
L1 S89'35'20'W 1920.95' (INST.NO.D190008157)
L2 N00'24'40'W 35.00' I I
L3 N89'35'20"E 71.88' I
L4 S00'24'40"E 35.00'
LEGEND
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING I' I
IRSC=5/8"IRON ROD W/"KHA"CAP SET I
IRF=IRON ROD FOUND
CMF=CONCRETE MONUMENT FOUND
C.M.=CONTROLLING MONUMENT
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202).
A metes& bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately
sets out the metes and bounds of the easement tract. EXHIBIT "B"
PERMANENT WATER &
RECLAIMED WATER LINE EASEMENT
JONATHAN BURLESON,
z:
• `1�29�Z . ABSTRACT NO. 78
MICHAEL C. BILLINGSLEY *; •;* CITY OF FORT WORTH
REGISTERED PROFESSIONAL ...:.......................c... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, "'<""......
UNIT 11 SUITE 1300 : 0 6558 Kimlev)) Horn
P:
FORT WORTH,TEXAS 76102 q �FES •••'o�
/t/ •••.•, ....•• .l 801 Cherry Street Unit 11,11300 It TN.No.(817)335-6511
PH.817-335-6511 S u v Fort Worth.Texas 76102 FIRM 0 10194040 mmkimley-hom.com
Scale Drawn by I Checked by Date Project No. heat No.
michael.billingsley@kimley-horn.com 1.-2W CDP McB 9292o2, I 06/018380 1 20F2
PADILLA,CAELAN 9/29/2021 1:43 PM K:\FTW SURVEY\061018380-WSII136-INCH VVL\DWG\EASEMENTS\061018380-WSIII 36-INCH WL WATER ESMT2 NAZARIAN.DWG
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.9568 acre (41,677 square foot) tract of land situated in the Jonathan Burleson Survey, Abstract No. 78,
City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Quitclaim Deed to
Manucher Nazarian recorded in Instrument No. D190008157 of the Official Public Records of Tarrant County, Texas;
said tract being more particularly described as follows:
COMMENCING at a concrete monument found in the south right-of-way line of West Freeway (a variable width
right-of-way);
THENCE along the said south line of West Freeway, the following three(3)calls:
North 89`35'17"East,a distance of 195.50 feet to a concrete monument found;
North 00001'17"East, a distance of 19.90 feet to a point;
North 89e35'20"East,a distance of 1830.95 feet to a point;
THENCE South 00024'40"East, departing the said south line of West Freeway, a distance of 35.00 feet to the POINT
OF BEGINNING;
THENCE North 89e35'20"East,a distance of 90.00 feet to a point for corner;
THENCE South 00e16'53"West,a distance of 69.43 feet to a point for corner;
THENCE South 45e00'00"East,a distance of 178.03 feet to a point for corner;
THENCE North 90°00'00"East,a distance of 114.30 feet to a point for corner;
THENCE South 45e00'00"East, a distance of 65.95 feet to a point for corner:
THENCE North 90e00'00"West, a distance of 374.74 feet to a point for corner;
THENCE North 00°24'40"West, a distance of 241.31 feet to a point for corner:to the POINT OF BEGINNING and
containing 41,677 square feet or 0.9568 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A
surrey plat of even survey date herewith accompanies this metes&bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement tract described.
EXHIBIT "A"
TEMPORARY
CONSTRUCTION EASEMENT
OF JONATHAN BURLESON,
A � s ABSTRACT NO. 78
%MICHAEL C. BILLINGSLEY *:' •;* CITY OF FORT WORTH
REGISTERED PROFESSIONAL ...:........................... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, "'`"""""
UNIT 11 SUITE 1300 :A.0 6558 �P�,. Ki m ev>>> Horn
FORT WORTH,TEXAS 76102 9,�,••.Ft S S��.• O 801 cherry StraoK unit 11,9 13oo/ Tel.No.(817)33"511
PH. 817-335-6511 S'U R v�y Fort Worth,Texas 76102 FIRM a 10194040 www.kimtey-hom.00m
Scale I Drawn by I Checked by I Date Proiect No. Shaet No.
michael.billingsley@kimley-hom.com WA COP Mcg I wwo2, I o6,2mw ,oFz
PADILLA,CAELAN 9/29/2021 1:57 PM K:1FTW SURVEYV061018380-WSIII 36-INCH WL%DWG\EASEMENTS%061018380-WSIII 36-INCH WL TCE_NAZARIAN.DWG
NORTH
0 100 200
WEST FREEWAY
GRAPHIC SCALE IN FEET (A VARIABLE WIDTH RIGHT-OF-WAY) ——
PROPOSED FUTURE
RIGHT-OF-WAY LINE
CMF (BY SEPARATE INSTRUMENT)
(C.M.) N89°3620'E 1830.95'
N89°35'17"E NO°01'17"E co
195.50'
CMF CO �� =N
(C.M.) TEMORARY 06 L)
CONSTRUCTION L5 'ft �p I -�a.
P.O.C. EASEMENT W
I0
0.9568 ACRES L7 13 '� o
41,677 SQ. FT. � � z
MANUCHER NAZARIAN i 3
(INST.NO.D190008157) BOURKE C.HARVEY
IRREVOCABLE TRUST(2012)
(INST.NO.D218093312) + I
LINE TABLE LINE TABLE
NO. BEARING LENGTH NO. BEARING LENGTH
L1 S00'24'40"E 35.00' L5 N90'00'00"E 114.30'
LEGEND L2 N89"35'20"E 90.00' L6 S45'00'00"E 65.95' I I
P.O.C.=POINT OF COMMENCING L3 S00'16'53"W 69.42' L7 N90'0010V W 374.74' I
P.O.B.=POINT OF BEGINNING L4 S45"00'00"E 178.03' L8 I N00'24'40"W 241.30'
IRSC=5/8"IRON ROD W/"KHA'CAP SET
IRF=IRON ROD FOUND
CMF=CONCRETE MONUMENT FOUND
C.M.=CONTROLLING MONUMENT
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202). A
metes&bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that the plat of survey accurately EXHIBIT "B"
sets out the metes and bounds of the easement tract.
TEMPORARY
CONSTRUCTION EASEMENT
_ J JONATHAN BURLESON,
��?�•�",is S-C ABSTRACT NO. 78
ICHAEL C. BILLINGSLEY ,�; •:* CITY OF FORT WORTH
REGISTERED PROFESSIONAL ...........................'c... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLE, BILLINGSLEY
801 CHERRY STREET,
:.:.............�... .. Kimlev))) Horn
UNIT 11 SUITE 1300 �.,off 6558 Pam,::
FORT WORTH, TEXAS 76102 9,y•�F E S S��..y o �,�,.,,,St..4 ur111,913ao T9L No.(817)335-6511
PH. 817-335-6511 S U R E Fon worm•Texa:76102 FIRM X 10194040 www.kimtey-hom.com
michael.billingsley@kimley-hom.com S_le Dnwnbv Checkedbv Date Project No. heel No.
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PADILLA,CAELAN 9/29/2021 1:57 PM K:\FTW SURVEY\061018380-WSIII 36-INCH WL\DWG\EASEMENTS\061018380-WSIII 36-INCH WL_TCE NAZARIAN.DWG
This project is anticipated to be included in a future revenue bond issue for the Water&Sewer Fund.Available cash within the Water and Sewer
portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program(CP)will be used
to provide interim financing for this project until debt is issued.To the extent resources other than the Water and Sewer portfolio are used to
provide interim financing,the Water&Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City
portfolio(currently approximately 2.3 percent annually).Should the City's portfolio not support the liquidity needed to provide an interim short-term
financing source,another funding source will be required,which could mean issuance of securities under the CP Program or earlier issuance of
Water and Sewer revenue bonds than is currently planned.Once debt associated with this project is sold,bond proceeds will be used to reimburse
the Water and Sewer portfolio and the City's portfolio in accordance with the attached reimbursement resolution.
The City Council approved the Water Department's Fiscal Year 2020-2024 Five-Year Capital Improvement Plan on September 17,2019.This City
Council approved plan includes this specific project,with funding identified through the CP program to be reimbursed with future revenue bonds. In
accordance with the provisions of the Financial Management Policy Statements, staff anticipates presenting revenue-supported debt issuances to
the City Council for consideration within the next three years.This debt must be issued within approximately three years to provide reimbursement
for these expenses. If that does not occur,the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to
be made whole through other budgetary methods.Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to
reimburse the City from tax-exempt bond proceeds.
This property is located in the City's ETJ near COUNCIL DISTRICT 3.
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 funds are available in the current capital budget, as previously appropriated, in the W&S Rev Bonds Series
2021 Fund for the WS Treatment Plant III 30"WTM project to support the approval of the above recommendations. Prior to any expenditure being
incurred,the Water Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office b . Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Ricky Salazar 8379
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22 MSC FILE NUMBER: M&C 22-0578
LOG NAME: 21 PMD 102688 P01 CONDEMN
SUBJECT
(ETJ near CD 3)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 4.269 Acres in Permanent Water Facility Easement
and 1.0291 Acres in Temporary Construction Easement from Real Property Owned by Michael Nazarian, Rachel Nazarian, and Rebekah
Nazarian,Co-Executors of the Estate of Manucher Nazarian, Located at 12501 Camp Bowie West Boulevard, in the Jonathan Burleson Survey,
Abstract 78,Tarrant County,Texas,for the Westside III Water Transmission Main Project
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiation between the City of Fort Worth and the property owner to acquire 4.269 acres in permanent water facility easement
and 1.0291 acres in temporary construction easement owned by Michael Nazarian,Rachel Nazarian,and Rebekah Nazarian,Co-Executors
of the Estate of Manucher Nazarian,located at 12501 Camp Bowie West Boulevard, in the Jonathan Burleson Survey,Abstract 78,Tarrant
County,Texas,for the Westside III Water Transmission Main project,were unsuccessful due to the inability to come to an agreement of terms;
2. Declare the necessity to acquire the described property interests for the Westside III Water Transmission Main project(City Project No.
102688);
3. Adopt the attached resolution authorizing the City of Fort Worth 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 property rights in the subject property are required for the Westside III Water Transmission Main project.The project will deliver water from the
Westside Water Treatment Plant(Old Weatherford Road)to the south side of Interstate 20 oust west of Markum Ranch Road).
An independent appraisal established fair market value for the property interests in the total amount of$132,527.00. Negotiations were
unsuccessful due to the inability to come to an agreement of terms. Upon approval, a condemnation action will be brought and a Special
Commissioners'hearing held to acquire the property interests on the property.
Improved Subject Property
Par el Legal Description Acreage/Property Interest
P1 Jonathan Burleson Survey, 4.269 Acres/Permanent Water
Abstract 78 Facility Easement
P1- JJonathan Burleson Survey, 1.0291 Acres/Temporary
TCE JAbstract 78 Construction Easement
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 4.269 acres in permanent
water facility easement and 1.0291 acres in temporary construction easement owned by Michael Nazarian, Rachel Nazarian,and Rebekah
Nazarian,Co-Executors of the Estate of Manucher Nazarian,located at 12501 Camp Bowie West Boulevard,in the Jonathan Burleson Survey,
Abstract 78,Tarrant County,Texas.The property is needed for the Westside III Water Transmission Main project,a public use that will provide
water from the Westside Water Treatment Plant(Old Weatherford Road)to the south side of Interstate 20 Oust west of Markum Ranch Road).The
land rights in the subject property are needed for the continuation of water line improvements.The property interests to be acquired are described
by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication."
Funding for Westside III 30-Inch Water Transmission Main is depicted below:
Fund Existing Appropriations Additional Appropriations)Project Total*
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W&S Rev Bonds Serves 2021 -Fund 56019 $2,845,105.00 $0.00'$2,845,105.00'
Project Total $2,8451105.06 $0.00 $2,845,105.00
*Numbers rounded for presentation purposes.