HomeMy WebLinkAboutResolution 5634-09-2022 A Resolution
NO. 5634-09-2022
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 September 27, 2022, in M&C 22-0788, ordered and
decreed that a public necessity existed to acquire 0.023 acres in permanent water facility easement and
0.018 acres for a temporary construction easement from real property located at 10125 Saginaw
Boulevard in the Benjamin Thomas Survey, Abstract No. 1497, Tract 41306, 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 Northside IV 24" Water Main Phase I project (the "Project")
that will provide water to new development in the northern part of the City of Fort Worth;
- the land rights in the Property are needed for new water line facility 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, negotiations between the City of Fort Worth and the property owner, KLLB AIV,
LLC, were unsuccessful due the inability to negotiate agreeable terms for the property interests being
acquired by the City of Fort Worth; and
WHEREAS, on this 27th day of September, 2022, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Firestone,to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.023 acres in permanent water facility easement and 0.018 acres for a
temporary construction easement from real property owned by KLLB AIV, LLC. The property interests
are needed for the Northside IV Water Transmission Main project, a public use that will provide water
to new development in the northern part of the City of Fort Worth. The land rights in the subject
properties are needed for the construction, operation, maintenance, replacement, upgrade and repair of
the permanent water line facility as necessary. The property is located at 10125 Saginaw Boulevard in
the Benjamin Thomas Survey, Abstract No. 1497, Tract 41306, 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 Councilmember Nettles,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 27(h day of September 2022.
ATTEST:
Tanno lte S. Goodall
y: Jannette S.Goodall(Sep 30,202214:31 CDT)
Jannette S. Goodall, City Secretary
:id
EXHIBIT A
LEGAL DESCRIPTION
WATER FACILITY EASEMENT
Being part of the Benjamin Thomas Survey, Abstract No. 1497, situated in the City of Fort
Worth, Tarrant County, Texas and being a portion of a tract conveyed to KLLB AIV LLC by
Instrument Number D222052099 Official Public Records of Tarrant County Texas
(O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a capped iron rod with red cap stamped "KHA"found for the northeast corner
of a tract conveyed to JLM OF TAMPA INC by Instrument Number D220323937 (O.P.R.T.C.T.),
hereinafter referred to as JLM Tract 1, said point also being a southeast corner of said KLLB
AIV LLC tract said point also being in the west right of way line of U.S. Highway No. 287
(Business) also from which a capped iron rod with red cap stamped "KHA" found for the
southeast corner of JLM Tract 1 and for the northeast corner of a tract conveyed to E-STEEL II
LLC by Instrument Number D209280915(0.P.R.T.C.T.), hereinafter referred to as E-Steel Tract
2, said point also being in the west right of way line of U.S. Highway No. 287 (Business) bears S
27°14'34" E, a distance of 235.45 feet;
THENCE S 89039'53" W, along the south line of said KLLB AIV LLC tract and the north line of
JLM Tract 1, a distance of 193.53 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE
RPLS 4673"for the POINT OF BEGINNING;
THENCE S 89039'53" W, along the south line of said KLLB AIV LLC tract and the north line of
JLM Tract 1, a distance of 25.00 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE
RPLS 4673";
THENCE N 00020'07" W, departing the south line of said KLLB AIV LLC tract and the north line
of JLM Tract 1, a distance of 39.70 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE
RPLS 4673" in the north line of said KLLB AIV LLC tract and in the south line of a tract
conveyed to ONCOR ELECTRIC DELIVER COMPANY LLC by Instrument Number
D153016284 (O.P.R.T.C.T.);
THENCE N 89040'38" E, along the north line of KLLB AIV LLC tract and the south line of said
Oncor Tract, a distance of 25.00 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE
RPLS 4673";
THENCE S 00020'07" E, departing the north line of said KLLB AIV LLC tract and the south line
of said Oncor Tract, a distance of 39.69 feet to the POINT OF BEGINNING and containing 993
square feet or 0.023 acres more or less.
REVISION# DESCRIPTION DATE
1 UPDATED OWNERSHIP 0611412022
Page 1 of 5
NOTES:
1) All bearings and coordinates are in US survey feet surface using a scale factor of
1.0001526298 and referenced to the Texas Coordinate System, Nad-83, The
North Central Zone 4202.
2) Exhibit B of same date accompanies this legal description.
\sTeRFo°v
°°°°°°°°°°°°°°°°°°°°
JAMES E. DeOTTE
°°e°°°°°°°°°°°°°°°°°°°°°°
4673 P
oF �o�.
°,e s s , o
S U O
James E. DeOtte
Registered Professional Land Surveyor
No. 4673
James DeOtte Engineering, Inc.
TBPLS Firm No. 10101400
2201 Dottie Lynn Parkway, Suite 119
Fort Worth, Texas 76120
(817)446—6877
REVISION# DESCRIPTION DATE
1 UPDATED OWNERSHIP 0611412022
Page 2 of 5
LEGEND, EXHIBIT B
PROPERTY BOUNDARY PAGE 3 OF 5
EX. EASEMENT — — — — — -- -
PROP. EASEMENT [
IRON ROD FOUND IRF
518-IRON ROD SET WITH PLASTIC 0 2000 4000
CAP STAMPED "DEOTTE RPLS 4673" CIRS
OFFICIAL PUBLIC RECORDS 0.P.R.T.C.T.
TARRANT COUNTY TEXAS
G PHIC SCALE IN FEET
\� Y
w °ssi(
J
fxl
BOND RANCH
�y
s�
HICKS FIELD
2 G°
UL Cref
HICKS FIELD
7�
B �
r
d
CP
s PROPOSED SITE
cot
PRAIRIE CLOD
O
HERITAGE TRACE d
REWSIONj DESCRIPTION DATE
G�UNTY `19G UPDATED OWNERSHIP 0611412022
2 •
EXHIBIT A SHOWING A
FORT WORTH PARCEL OF PROPERTY E° F
SITUATED IN THE
BENJAMIN THOMAS SURVEY
TARRANT COUNTY, TEXAS °°,o°,°°°°°°„°°°°°°°°°°°o°°°
AS RECORDED IN JAMES E. DeOTTE
City of Fort Worth D222052099 °°%°°°°°°° oo°°° °aaa°° „a
200 TEXAS STREET
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS e A 4673 ..a
,P Q
FORT WORTH, TX. 76102 °°°°°O C, S S\ '°O�
PROJECT. NORTHSIDE IV WATERLINE CITY PROJECT No. 102687 qN0 °gURV..
PROPOSED WATER FACILITY EASEMENT PARCEL NO. 07 PWFE
LAND ACQUISITION AREA: 993 SQ FT OR 0.023 AC
JDEI JOB No. 202100700 DRAWN BY.- CBC PAGE 3 OF 5 Date: 6/14/2022
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg, No. 101014-00
LEGEND: EXHIBIT B
PROPERTY BOUNDARY PAGE 4 OF 5
EX. EASEMENT
PROP. EASEMENT
IRON ROD FOUND IRF
5/8"IRON ROD SET WITH PLASTIC 0 500 1000
CAP STAMPED DEOTTE RPLS 4673" CIRS
OFFICIAL PUBLIC RECORDS O.P.R.T.C.T.
TARRANT COUNTY TEXAS
GRAPHIC SCALE IN FEET
ONCOR ELECTRIC DELIVERY CO LLC
PO BOX 139100
DALLAS, TX 75313
D 1 530 1 6284 TRACT 6
O.P.R.T.C.T.
0.B.
C.M.
S89°39'53W IM P.0. RM
193.51,
S27'14'34"E— CIRF C.M.
RED
235.45'
KLLB AIV LLC
C/O KENNEDY LEWIS
INVESTMENT 130,
MANAGEMENT LLC
111 W 33RD ST
SUITE 1910 JLM OF TAMPA INC
NEW YORK, NY 10120 5017 N COOLIDGE AVE
D222052099 TAMPA, FL 336 1 4-642 1
o.P.R.TC.T.
D220323937 �,
0.P.R.T.C.T.
(JLM TRACT 1) ��-
E—STEEL ll LLC
ATTN JOHN ANDERSON
204 METRO PARK BLVD
ENNIS, TX 75119-7031
D209280915 REVISION
0.P.R.T.C.T. # DESCRIPTION DATE
(E—STEEL TRACT 2) 1 UPDATED OWNERSHIP 0611412022
EXHIBIT A SHOWING A
FORT WORTH PARCEL OF PROPERTY F
SITUATED IN THE °G\ k°O 9
BENJAMIN THOMAS SURVEY
TARRANT COUNTY, TEXAS .............................
AS RECORDED IN °JAMES E. DeOTTE
City of Fort Worth D222052099 ° °°°°°°°°°°°°°°°°°° ° °°°
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS '° 0 4673
200 TEXAS STREET Q °
FORT WORTH, TX. 76102 °��FE S S Ga°O�
PROJECT.- NORTHSIDE IV WATERLINE ICITY PROJECT No. 102687 S U R`I��
PROPOSED WATER FACILITY EASEMENT PARCEL NO. 07 PWFE
LAND ACQUISITION AREA: 993 SQ FT OR 0.023 AC Dote: 611412022
JDEI JOB No. 202100700 DRAWN BY: CBC IPAGE 4 OF 5
JAMES DeOTTE ENGINEERING, INC. • 2201 D07TIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg, No. 101014-00
LEGEND: EXHIBIT B
PROPERTY BOUNDARY PAGE 5 OF 5
EK EASEMENT - - - - - - -
PROP. EASEMENT
IRON ROD FOUND IRF
518"IRON ROD SET WITH PLASTIC 0 50 100
CAP STAMPED DEOTTE RPLS 4673" CIRS
OFFICAL PUBLIC RECORDS O.P.R.T.C.T.
TARRANT' COUNTY TEXAS
GRAPwHIC SCALE IN FEET
Fl
1p
�p
KLLB AIV LLC ONCOR ELECTRIC DELIVERY CO LI_CI
C/O KENNEDY LEWIS PO BOX 139100 i\
INVESTMENT MANAGEMENT LLC DALLAS, TX 75313
111 W 33RD ST SUITE 1910
NEW YORK, NY 10120
01530162B4 TRACT 6
D222052099 or—
O.P.R.T.C.T.
0.P.R.T.C.T
PROPOSED WATER
N89'40'38"E FACILITY EASEMENT ;•,
\ CONTAINING 993 SQ.
\ 25.DD FT 0.023 AC.
AIRS
,t
NO'20'07"W 39.69'
39.70'
I
I[7l
�°,,,
\ cis S89'39'53"W } r ..,
P.O.B. \ > P.O.C.
OVERLAP WITH JLM OF TAMPA INC\ (�
EXISTING EASEMENTS 5017 INCOOLIDGE AVL\ }
CONTAINING 187 SQ. S8939 53 'W TAMPA, FL 336 1 4-642 1 ,
\
FT. 0.004 AC. 25.00'
\ \ D220323937 \
\ 0.P.R.T.C.T. \ r,
\ \\ (✓LM TRACT 1) \\
50' RIGHT OF WAY AW EASEMENT
D 156075609 \ REVISION# DESCRIP77ON \ DATE �
D.R.T.C.T. \ \ 1 UPDATED OWNERSHIP 0611412022
EXHIBIT A SHOWING A ` °O F° T
FORT WORTH PARCEL OF PROPERTY °° •°°°° F
SITUATED IN THE P• •p R°°°°;f
BENJAMIN THOMAS SURVEY
TARRANT COUNTY, TEXAS °°oo°°°°°°°•°°•°°°°°°°°°°o°°°
AS RECORDED IN °JAMES E. DeOTTE
City of Fort Worth D222052099 ° %o°°•°°°°e,a°o°•••••••e•••
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS ;A 4673 �o
200 TEXAS STREET Q °
FORT WORTH, TX. 76102
PROJECT. NORTHSIDE IV WATERLINE CITY PROJECT No. 102687
PROPOSED WATER FACILITY EASEMENT PARCEL NO. 07 PWFE gUR`/E
LAND ACQUISITION AREA: 993 SQ FT OR 0.023 AC Date: 611412022
JDEI JOB No. 202100700 1DRAWN BY: CBC IPAGE 5 OF 5
JAMES DeOTTE ENGINEERING INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg, No. 101014-00
EXHIBIT B
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Being part of the Benjamin Thomas Survey, Abstract No. 1497, situated in the City of Fort
Worth, Tarrant County, Texas and being a portion of a tract conveyed to KLLB AIV LLC by
Instrument Number D222052099 Official Public Records of Tarrant County Texas
(O.P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at a capped iron rod with red cap stamped "KHA"found for the northeast corner
of a tract conveyed to JLM OF TAMPA INC by Instrument Number D220323937 (O.P.R.T.C.T.),
hereinafter referred to as JLM Tract 1, said point also being a southeast corner of said KLLB
AIV LLC tract said point also being in the west right of way line of U.S. Highway No. 287
(Business) also from which a capped iron rod with red cap stamped "KHA" found for the
southeast corner of JLM Tract 1 and for the northeast corner of a tract conveyed to E-STEEL II
LLC by Instrument Number D209280915(0.P.R.T.C.T.), hereinafter referred to as E-Steel Tract
2, said point also being in the west right of way line of U.S. Highway No. 287 (Business) bears S
27°14'34" E, a distance of 235.45 feet;
THENCE S 89039'53" W, along the south line of said KLLB AIV LLC tract and the north line of
JLM Tract 1, a distance of 218.53 feet to a 5/8" iron rod set with plastic cap stamped "DEOTTE
RPLS 4673"for the POINT OF BEGINNING;
THENCE S 89039'53" W, along the south line of said KLLB AIV LLC tract and the north line of
JLM Tract 1, a distance of 20.00 feet to a point;
THENCE N 00020'07" W, departing the south line of said KLLB AIV LLC tract and the north line
of JLM Tract 1, a distance of 39.70 feet to a point in the north line of said KLLB AIV LLC tract
and in the south line of a tract conveyed to ONCOR ELECTRIC DELIVER COMPANY LLC by
Instrument Number D153016284 (O.P.R.T.C.T.);
THENCE N 89040'38" E, along the north line of said KLLB AIV LLC tract and the south line of
said Oncor Tract, a distance of 20.00 feet to a 5/8" iron rod set with plastic cap stamped
"DEOTTE RPLS 4673";
THENCE S 00020'07" E, departing the north line of said KLLB AIV LLC tract and the south line
of said Oncor Tract, a distance of 39.70 feet to the POINT OF BEGINNING and containing 794
square feet or 0.018 acres more or less.
REVISION# DESCRIPTION DATE
1 UPDATED OWNERSHIP 0611412022
Page 1 of 5
NOTES:
1) All bearings and coordinates are in US survey feet surface using a scale factor of
1.0001526298 and referenced to the Texas Coordinate System, Nad-83, The
North Central Zone 4202.
2) Exhibit B of same date accompanies this legal description.
°°°°°
JAMES E. DeOTTE
°°a°°°°°°°°°°°°°°°°°°°°°a°°°
4673
°
Po PoF fS S\0 O�
S u R`1�y
James E. DeOtte
Registered Professional Land Surveyor
No. 4673
James DeOtte Engineering, Inc.
TBPLS Firm No. 10101400
2201 Dottie Lynn Parkway, Suite 119
Fort Worth, Texas 76120
(817)446—6877
REVIS/ON# DESCRIPTION DATE
1 UPDATED OWNERSHIP 0611412022
Page 2 of 5
LEGEND, EXHIBIT B
PROPERTY BOUNDARY PAGE 3 OF 5
EX. EASEMENT - - - - - - -
PROP. EASEMENT C_
IRON ROD FOUND IRF
518"IRON ROD SET WITH PLASTIC 0 2000 4000
CAP STAMPED "DEOTTE RPLS 4673" CIRS
OFFICIAL PUBLIC RECORDS 0.P.R.T.C.T.
TARRANT COUNTY TEXAS
G PHIC SCALE IN FEET
Y
N F
°SSi(
J
W
BOND RANCH
�y
HICKS FIELD
0 G°
V1 Cref
i
HICKS FIELD
H
n
B
r�-
d
s PROPOSED SITE
cot
PRAIRIE CLpj
O
HERITAGE TRACE d
REWSION 77ON DATE
GpUNTY `19G UPDATED OWNERSHIP 0611412022
C
O °'F''F f2 •
EXHIBIT A SHOWING A
FORT WORTH PARCEL OF PROPERTY �E° F°° TF
SITUATED IN THE P o°G T R°°°°;r`"
BENJAMI'N THOMAS SURVEY
TARRANT COUNTY, TEXAS
AS RECORDED IN °JAMES E. De01TE
City of Fort Worth D222052099 ° ..........................
200 TEXAS STREET OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS o 0 4673 P
FORT WORTH, TY 76102 °°°;QOFCs pCao
y
PROJECT.- NORTHSIDE IV WATERLINE CITY PROJECT No. 102687 9N0°°gURv''* O
PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL NO. 05 TCE
LAND ACQUISITION AREA: 794 SQ FT OR 0.018 AC Date: 611412022
JDEI JOB No. 202100700 1DRAWN BY.- CBC 1FAGE 3 OF 5
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
LEGEND: EXHIBIT B
PROPERTY BOUNDARY PAGE 4 OF 5
EX. EASEMENT — — — — —
PROP. EASEMENT
IRON ROD FOUND IRF
518-IRON ROD SET WITH PLASTIC 0 500 1000
CAP STAMPED DEOTTE RPLS 4673' CIRS
OFFICIAL PUBLIC RECORDS 0.P.R.T.C.T.
TARRANT COUNTY TEXAS
GRAPHIC SCALE IN FEET
ONCOR ELECTRIC DELIVERY CO LLC
PO BOX 139100
DALLAS, TX 75313
D153016284 TRACT 6
0.P.R.T.C.T.
0.B.
C.M.
aM RID
S89°39'53"W P.0.C.
218.53'. CW roe RED
C.M.
S27'14'34"E
KLLB AlV LLC 235.45'
CIO KENNEDY LEWIS
INVESTMENT I �j
MANAGEMENT LLC ll
111 W 33RD ST
SUITE 1910 JLM OF TAMPA INC
NEW YORK, NY 10120 5017 N COOLIDGE AVE
2oss O.P.R. TAMPA, EL 33614-6421 SS
.P.R.T.C.T.
D220323937 T.
y
0.P.R.T.C.
(JLM TRACT 1)
E—STEEL ll LLC
ATTN JOHN ANDERSON
204 METRO PARK BLVD
ENNIS, TX 75119-7031
D209280915 REI9SIONf DESCRIP77ON DATE
O.P.R.T.C.T
(E—STEEL TRACT 2) 1 UPDATED OWNERSHIP 0611412022
EXHIBIT A SHOWING A
FORT WORTH PARCEL OF PROPERTY 0F
SITUATED IN THE °O% Y
BENJAMIN THOMAS SURVEY �;o`e� F o°
TARRANT COUNTY, TEXAS °°°o°°°°°°°°°°°°°°°°°°°°°o°°°
As RECORDED IN °JAMES E. DeOTTE
D222052099 ° o°°°°°°°°°°°°°°°°°°°°°o°°°
City of Fort Worth
200 TEXAS STREET OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS aA 4673 P
FORT WORTH, TX. 76102 °;o0F po. E <;o
PROJECT. NORTHSIDE IV WATERLINE CITY PROJECT No. 102687 9tip°SURv�'��
PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL NO. 05 TCE
LAND ACQUISITION AREA: 794 SO FT OR 0.018 AC Date: 611412022
JDEI JOB No. 202100700 DRAWN BY.- CBC PAGE 4 OF 5
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
TBPE FIRM Reg. No. 8917 • TBLS Firm Reg. No. 101014-00
L EXHIBIT B
PROPERTY BOUNDARY PAGE 5 OF 5
EX. EASEMENT - - - - - -- -
PROP. EASEMENT
IRON ROD FOUND IRF
5/8"IRON ROD SET WITH PLAS7IC 0 50 100
CAP STAMPED DEOTTE RPLS 4673" CIRS
OFF7CIAL PUBLIC RECORDS O.P.R.T.C.T.
TARRANT COUNTY TEXAS
\ GRAPHIC SCALE IN FEET
KLLB AIV LLC ONCOR ELECTRIC DELIVERY CO LLC vJ1
C/O KENNEDY LEWIS PO BOX 139100 \
INVESTMENT MANAGEMENT LLC DALLAS, TX 75313
III W 33RD ST SUITE 1910
NEW YORK, NY 10120
D222052099 01530.P.R. TRACT 6
O.P.R.TC.T,
O.P.R.TC.T.
ON
PROPOSED TEMPORARY 2
\ ,� CONSTRUCTI0N EASEMENT
\ N89'40 38 E CONTAINING 794 SQ. FT. '\
\ 20.00' / 0.018 AC. +�` \'. .......:
SO'20'07»E
NO'20'07'W
- - ��-�,�i� — _218.53' _ �'It
39.70' c�as S89'39'53"W \ }< aN Rm
P.O.0
OVERLAP WITH
EXISTING EASEMENTS S89'39'53"W JLM OF TAMPA INC\
CONTAINING 758 SO. 20 5017 N COOLIDGE AVL� �J
.00' -
FT. / 0.017 AC. TAMPA, FL 336 1 4—642 1\ C
\ D220323937 \ ``
\ \
� \ D.P.R.T.C.T. \ �,
(JLM TRACT 1) \ 'C
50' RIGHT OF WAY AND\ ASEMENT \
D 156075609 \ REWSIONI DESCRIPTION \ DATE
D.R.T.C.T. \
� 1 UPDATED OWNERSHIP 06/14/2022
\ \
EXHIBIT A SHOWING A
FORT WORTH PARCEL OF PROPERTY ��° F°° TF
SITUATED IN THE
BENJAMIN THOMAS SURVEY Alo'2``G
TARRANT COUNTY, TEXAS .............................
AS RECORDED IN JAMES E. DeO1TE
Cityof Fort Worth D222052099 °°%°e°°°°.°°°o°°°°°°°°°°o°°°
200 TEXAS STREET OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS o 0 4673 P
FORT WORTH, TX. 76102 %OF S S p\°,o;o Q
�
PROJECT.- NORTHSIDE IV WATERLINE CITY PROJECT No. 102687 9�0°�SUR`I� O
PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL NO. 05 TCE
LAND ACQUISITION AREA: 794 SQ FT OR 0.018 AC
JDEI JOB No. 202100700 1 DRAWN BY.- CBC 1PAGE 5 OF 5 Date: 611412022
JAMES DeOTTE ENGINEERING, INC. • 2201 DOTTIE LYNN PKWY., SUITE 119 FORT WORTH, TX. 76120 • 817-446-6877
TBPE FIRM Reg. No. 8917 - TBLS Firm Reg. No. 101014-00
021 PMD 102687 WE 7 & TICE 5 CONDEMNATION MAP N
Northside IV Water Main Phase 1 B Project W E
COUNCIL DISTRICT 7 S
-
j 1 Subject Property Boundary
�- Proposed Water Facility Easement
~' ! Temporal Temporavy Construction Easement
Existing Pipeline Easement
' r ram= i - � � i►+�
Leonard Firestone WE 7
Milli
11
J �
*The Yellow shaded area represents an out sale to Eagl Mountain-Saginaw ISD. *LOCATION OF BOUNDARY IS APPROXIMATE.
v te'¢r
® Sagnan Ole Msard Via'sria
»n „eo.•.. e.,yam cur c
•O
Mil �i 01
Copyright 2017 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may not have been prepared for or be
suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.
The City of Fort Worth assumes no responsibility for the accuracy of said data.
TCE 5 = 0.018 Acres WE 7 = 0.023 Acres = Project Site FORT WORTH®
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 09/27/22 M&C FILE NUMBER: M&C 22-0788
LOG NAME: 21 CONDEMN 102687 WE7&TCE5 KLLB AIV
SUBJECT
(CD 7)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.023 Acres in Permanent Water Facility Easement and 0.018
Acres for a Temporary Construction Easement from Real Property Owned by KLLB AIV,LLC, Located at 10125 Saginaw Boulevard in the
Benjamin Thomas Survey,Abstract No. 1497,Tarrant County,Texas,for the Northside IV 24"Water Main Phase 1 B Project
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.023 acres in permanent water facility easement and
0.018 acres for a temporary construction easement from real property owned by KLLB AIV, LLC, located at 10125 Saginaw Boulevard in the
Benjamin Thomas Survey,Abstract No. 1497,Tarrant County,Texas,were unsuccessful due to the inability to negotiate agreeable terms for
the property interests being acquired by the City;
2. Declare the necessity to acquire the described property interests for the Northside IV 24"Water Main Phase 1 B project(City Project No.
102687);
3. Adopt the attached resolution authorizing the City 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.
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DISCUSSION:
The land rights in the subject roe are needed for the construction,operation, maintenance,replacement,upgrade and repair of the permanent
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water line facility on the Northside IV 24"Water Main Phase 1 B project as necessary. This new 24-inch water transmission line will be constructed
for public use,providing water to new development in the northern part of the City of Fort Worth(City). The line extends from Heritage Trace
Parkway and generally follows the west side of Business 287(Saginaw Boulevard)north to Bonds Ranch Road. The project includes a flow
transfer station at Muscogee Drive that will maintain water quality in the line and allow for emergency transfer of water between the Northside III and
Northside IV pressure planes.
A new Eagle Mountain-Saginaw Independent School District high school,located along Bonds Ranch Road,will also be relying on the water from
the Northside IV transmission line. The new school is scheduled to open in the Fall of 2024,contingent upon the City being able to acquire the
necessary easements and construct the water line in time.
An independent appraisal established fair market value for the various property interests(shown below)in the total amount of$597.00.
Negotiations were unsuccessful due the inability to negotiate agreeable terms for the property interests being acquired by the City.
Upon approval,a condemnation action will be brought and a Special Commissioners'hearing held to acquire the permanent sewer easement and
temporary construction easement on the property.
Parcel Legal Description Acreage/Property
No. Interest
Benjamin Thomas Survey,Abstract 0.018 Acres/
05 No. 1497,Tract 41306,Tarrant County, Temporary Construction
Texas Easement
E
Benjamin Thomas Survey,Abstract 0.023 Acres/
No. 1497,Tract 4806,Tarrant County, Permanent Water
Texas Facility 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 0.023 acres in permanent
water facility easement and 0.018 acres for a temporary construction easement from real property owned by KLLB AIV, LLC. The property
interests are needed for the Northside IV Water Transmission Main project,a public use that will provide water to new development in the northern
part of the City of Fort Worth. The land rights in the subject properties are needed for the construction,operation,maintenance,replacement,
upgrade and repair of the permanent water line facility as necessary. The property is located at 10125 Saginaw Boulevard in the Benjamin
Thomas Survey,Abstract No. 1497,Tract 4806,Tarrant County,Texas.The property interest to be acquired is described by metes and bounds and
depicted by survey exhibits attached to this Mayor and Council Communication."
Funding is budgeted in the Water Dept Public Utility Department's W&S Rev Bonds Series 2021 Fund for the purpose of funding the NS IV 24"
Water Main Phase 1 B project,as appropriated.
This property is located in COUNCIL DISTRICT 7.
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 NS IV 24"Water Main Phase 1 B project to support the approval of the above recommendations and acquistion of easements.
Prior to any expenditure being incurred,the Water and Property Management Departments have the responsibility to validate the availability of
funds.
Submitted for City Manager's Office W. Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Ricky Salazar 8379
Additional Information Contact: Niels Brown 5166
Deanna Wright 6349
Expedited
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