HomeMy WebLinkAboutResolution 5803-09-2023A Resolution
NO. 5803-09-2023
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 12, 2023, in M&C 23-0765, ordered and
decreed that a public necessity existed to acquire 0.001 acres in right-of-way easement, from real property
located 1849 Willow Spring Court in the Willow Springs West Subdivision, Block A, Lot 18, City of
Haslet, 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 Avondale Haslet Road project (the "Project");
- the land rights in the Property are needed for new road 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, Ron E. Brown
and Kelly V. Brown, were unsuccessful due the inability to negotiate agreeable terms for the property
interest being acquired by the City of Fort Worth; and
WHEREAS, on this 12th day of September, 2023, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Blaylock, to wit:
"1 move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.001 acres in right-of-way easement from real property owned by Ron E.
Brown and Kelly V. Brown. The land rights in the subject property are needed for the Avondale Haslet
Road project, a public use that will reconstruct and widen Avondale Haslet Road from Willow Creek
Drive to the eastern city limits of the City of Haslet at John Day Road. The property will be used for
widening and reconstructing the existing two-lane asphalt roadway to a four -lane, divided, concrete urban
arterial. The property is located at located at 1849 Willow Springs Court, Willow Springs West
Subdivision, Block A, Lot 18, City of Haslet, 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."
Seconded by Councilmember Lauersdorf, 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 121h day of September, 2023.
ATTEST:
By:"�` `"'�"
Jannette S. Goodall, City Secretary
City of Fort Worth,
Mayor and
DATE: 09/12/23
Texas
Council Communication
LOG NAME: 21CONDEMN 101014 P66 BROWN
M&C FILE NUMBER: M&C 23-0765
SUBJECT
(CD 10) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.001 Acres in Right -of -Way Easement from Real Property
Owned by Ron E. Brown, Jr. and Kelly V. Brown, Located at 1849 Willow Springs Court, Willow Springs West Subdivision, Block A, Lot 18, City of
Haslet, Tarrant County, Texas, for the Avondale Haslet Road Project (2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.001 acres in right-of-way easement from real property owned
by Ron E. Brown, Jr. and Kelly V. Brown, located at 1849 Willow Springs Court, Willow Springs West Subdivision, Block A, Lot 18, City of
Haslet, Tarrant County, Texas, were unsuccessful due to the inablility to negotiate agreeable terms for the property interest being acquired by
the City;
2. Declare the necessity to acquire the described property interest for the Avondale Haslet Road project (City Project No. 101014);
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 interest 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 land rights in the subject property are needed for the reconstruction and widening of Avondale Haslet Road from Willow Creek Drive to the
eastern city limits of the City of Haslet at John Day Road (City Project No.101014). This project consists of widening and reconstructing
approximately 2.4 miles of the existing two-lane asphalt roadway to a four -lane, divided, concrete urban arterial. The roadway improvements
include improved drainage collection and drainage crossings designed for a 100-year storm, street illumination, ten -foot shared -use paths and
traffic signal improvements at three intersections along Avondale Haslet Road.
An independent appraisal established fair market value for the right-of-way property interest in the total amount of $1,927.00. Negotiations were
unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City.
Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the right-of-way easement interest
on the property.
Parcel
No.
Legal Description
Acreage/Property
Interest
66
Willow Springs West Subdivision, Block A,
0.001 Acres / Right-
Lot 18, City of Haslet, Tarrant County
of -Way Easement j
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 0.001 acres in right-of-
way easement from real property owned by Ron E. Brown and Kelly V. Brown. The land rights in the subject property are needed for the Avondale
Haslet Road project, a public use that will reconstruct and widen Avondale Haslet Road from Willow Creek Drive to the eastern city limits of the
City of Haslet at John Day Road. The property will be used for widening and reconstructing the existing two-lane asphalt roadway to a four -lane,
divided, concrete urban arterial. The property is located at located at 1849 Willow Springs Court, Willow Springs West Subdivision, Block A, Lot
18, City of Haslet, 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 TPW Dept Highway & Streets Department's 2018 Bond Program Fund for the purpose of funding the Avondale Haslet
Road project, as appropriated.
This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt
is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018)
and subsequent actions taken by the Mayor and Council.
This property is located in COUNCIL DISTRICT 10.
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 2018 Bond Program Fund
for the Avondale Haslet Road project to support approval of the above recommendations and acquisition of easement. Prior to any expenditure
being incurred, the Property Management and Transportation and Public Works Departments have the responsibility to validate the availability of
funds.
Submitted for City Manager's Office W. Dana Burghdoff 8018
Originating Business Unit Head: Ricardo Salazar 8379
Additional Information Contact: Niels Brown 5166
Armando Calva 2570