HomeMy WebLinkAboutResolution 5842-11-2023 A Resolution
NO. 5842-11-2023
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 November 14, 2023, in M&C 23-0952, ordered and
decreed that a public necessity existed to acquire 1.1327 acres in permanent sanitary sewer easement and
1.8736 acres in temporary construction easement from real property owned by the Patricia Bowen
Featherngill, LLC, Pamela B. Anderson, LLC, Bowen Trail, LLC, Edmund B. Frost, Robert H. Frost,
Harold J. Frost, Robert W. Bowen, Pamela B. Anderson, Patricia Featherngill, Susan K. Bowen, George
Marcum Frost LLLP, Wyatt Hans, and Callan Hans-Bowen, located at 521 Beach Street in the Robert
Cross Survey,Abstract No. 304, Tract I C, 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 Sanitary Sewer M-245 Relief Interceptor project(the"Project");
- the land rights in the Property are needed for sanitary sewer 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
I -
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 owners, Patricia
Bowen Featherngill, LLC, Pamela B. Anderson, LLC, Bowen Trail, LLC, Edmund B. Frost, Robert H.
Frost, Harold J. Frost, Robert W. Bowen, Pamela B. Anderson, Patricia Featherngill, Susan K.
Bowen, George Marcum Frost LLLP, Wyatt Hans, and Callan Hans-Bowen, 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 14t" day of November, 2023, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Martinez,to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 1.1327 acres in permanent sanitary sewer easement and 1.8736 acres in
temporary construction easement from real property owned by the Patricia Bowen Featherngill, LLC,
Pamela B.Anderson,LLC,Bowen Trail,LLC, Edmund B.Frost, Robert H.Frost,Harold J.Frost,Robert
W. Bowen, Pamela B. Anderson, Patricia Featherngill, Susan K. Bowen, George Marcum Frost
LLLP, Wyatt Hans, and Callan Hans-Bowen, located at 521 Beach Street in the Robert Cross Survey,
Abstract No. 304, Tract 1 C, Tarrant County, Texas. The land rights in the subject property are needed
for the Sanitary Sewer M-245 Parallel Relief Interceptor project, a public use that will connect two
downtown deep tunnel sewers with the two West Fork trunk sewers near 1st Street, north of Gateway
park to address system capacity issues in the West Fork Basin. The land rights in the subject property
will be used for the continuation of sanitary sewer improvements. The property is located at 521 Beach
Street in the Robert Cross Survey, Abstract No. 304, Tract 1 C, 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 Beck, 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
i
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 14th day of November 2023.
ATTEST:
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Jannette S. Goodall, City Secretary ()o 0-40
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EXHIBIT"A"
M-245 PARALLEL RELIEF INTERCEPTOR
FOR WEST FORT(TRUNK SEWER SYSTEM
PERMANENT SANITARY SEWER FACILITY EASEMENT
ROBERT CROSS SURVEY,ABSTRACT NO. 304
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
BEING a 0.4413 acre tract of land located in the Robert Cross Survey,Abstract No. 304, City of Fort Worth,Tarrant County,Texas,
said 0.4413 acre tract of land being a portion of that certain tract of land described as "Tract 9", conveyed to PATRICIA BOWEN
FEATHERNGILL, LLC, R.W. BOWEN, LLC, PAMELA B. ANDERSON, LLC and BOWEN TRAIL, LLC, by deed thereof filed for record in
Tarrant County Clerk's Instrument No. D206189806, Official Public Records,Tarrant County,Texas, said 0.4413 acre tract of land
being a Permanent Sanitary Sewer Facility Easement and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with a cap stamped "TRANSYSTEMS" found at a southwest property corner of the said "Tract
9",same being a northwest property corner of a called 76.902 acre tract of land conveyed to the Tarrant Regional Water District,
by deed thereof filed for record in Tarrant County Clerk's Instrument No. D219145326, Official Public Records, Tarrant County,
Texas, said beginning point being on the east right-of-way line of Beach Street (being a variable width public right-of-way, a
portion of said right-of-way being conveyed to the City of Fort Worth, by deed thereof filed for record in Volume 3148, Page 474,
Deed Records,Tarrant County,Texas),said beginning point also having a NAD83 Texas North Central Zone(4202)grid coordinate
of N:6,960,385.99 and E: 2,341,083.53;
THENCE North 22'02'29" East, along a west property line of said Tract 9 and along the said east right-of-way line, a distance of
64.82 feet to a 3 inch brass monument found at the beginning of a curve to the left having a radius of 1,502.40 feet;
THENCE continuing along the said property line and the said right-of-way line, an arc length of 580.45 feet, and across a chord
which bears North 10°58'25" East, a chord length of 576.84 feet;
THENCE departing the said property line and the said right-of-way line, over and across said Tract 9, the following courses and
distances:
South 89°59'45" East,a distance of 30.00 feet to the beginning of a curve to the right having a radius of 1,532.40 feet;
With said curve to the right, an arc length of 591.99 feet, and across a chord which bears South 10°58'28" West, a chord
length of 588.31 feet;
South 22°02'29" West, a distance of 44.30 feet to a point on the northwest property line of the said 76.902 acre tract, from
said point,a 5/8 inch iron rod with a cap stamped "TRANSYSTEMS"found bears North 77°40'29" East,62.81 feet;
THENCE South 77°40'29"West,along the said property line,a distance of 36.34 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.4413 acres(19,223 square feet)of land, more or less.
The bearings recited hereinabove are based on a local coordinate system based on NAD83 Texas North Central Zone 4202,
derived from GPS RTK observations using the North Texas VRS Network(maintained by Allterra Central, Inc.)
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description
accurately sets out the metes and bounds description of the easement tract described herein.
C� OF TF
Q',.GAS TER +
9/13/2022 ' �� * �° N
Eric S.S er, PLS Date ERIC S.SPO0NER y
Spooner&Associates, Inc.
5922
Texas Registration No.5922 `:-'Po �?
TBPLS Firm No. 10054900 y�oFEss�.°. o ,
SURIJ
PARCEL 3 —EXHIBIT "A"—BOWEN—PAGE 1 of 4
Spooner&Associates,Inc.,309 Byers Street,Suite 100,Euless,Texas 76039-PH.817-685-8448-espooner:t spoonersurveyors.com-S&A 18-096
LINE TABLE EXHIBIT "B"
NO. DIRECTION DIST. SEE ATTACHED METES&BOUNDS
DESCRIPTION IN EXHIBIT'A"
L1 N22°02'29"E 64.82' L2
L2 S89°59'45"E 30.00'
_ CURVE TABLE
L3 S22°02'29"W 44.30' 7 —
I NO. RADIUS LENGTH CH.BEARING CH.LENGTH
L4 N77°40'29"E 62.81' I Cl 1502.40' 580.45' N10°58'25"E 576.84'
L5 S77°40'29"W 36.34' I C2 1532.40' 591.99' S10°58'28"W 588.31'
E1 y�
EX.30'ESMT.&R.O.W.TO p'
TEXAS MIDSTREAM GAS SERVICES '
T.C.C.I. NO.D210312795, W ' I OWNER
O.P.R.T.C.T.
I I PATRICIA BOWEN FEATHERNGILL, LLC
E2 I R.W. BOWEN, LLC, PAMELA B.
EX. 10'ESMT.&R.O.W. ' ANDERSON, LLC & BOWEN TRAIL, LLC
TO CHESAPEAKE OPERATING ' I "TRACT 9" IN T.C.C.I. NO. D206189806,
T.C.C.I.NO.D212239159, ' ' I O.P.R.T.C.T.
O.P.R.T.C.T.
(PROPOSED) �y
a ' I TEMPORARY CONST.
I EASEMENT OQ /
� 1 � QQ'
�_4
/ PERMANENT SANITARY
SEWER FACILITY EASEMENT
3t7
0.4413 ACRES (19,223 SQ. FT.)
p, /
l
3"BRASS ' / Q09,
MON.FND.
"5958"
POINT OF /
BEGINNING
v v
Cr
5/8"CIRF ' �� 5/8"CIRF
"TRANS 'STEMS" E2
"TRRANSYSTEMS"
1"IR 0 50' 100'
CALLED 76.902 ACRES
TARRANT REGIONAL
WATER DISTRICT
. P.O.B. T.C.C.I.NO.D219145326,
N:2,341,083.53 / GRAPHIC SCALE IN FEET
E:2,341,083.53 O.P.R.T.C.T.
(NAD83—GRID) / 1"= 100'
EXHIBIT "B" SPOONER& T
PERMANENT SANITARY
e SEWER ��• ' rF'TF
P '�� RF
FACILITY EASEMENT
ASSOCIATES ..............::N.
CITY
OF FORT WORTH REGISTERED PROFESSIONAL LAND SURVEYORS ERIC S.SPOONER
TAR-RANT COUNTY, TEXAS .........
5922
PROPERTY:PATRICIA BOWEN FEATHERNGILL,LLC et al 309 BYERS STREET,SUITE 100,EULESS,TEXAS 76039
WHOLE PROPERTY ACREAGE:REM.CALLED 164.42 ACRES(CALC DEED) (817)685-8448 WWW.SPOONERSURVEYORS.COM
18-096 P3 BOWEN PERM.dwg TBPLS FIRM NO.10054900 Rv
S&A JOB NO.: 18-096 DRAWN BY: C.REEDER PARCEL 3 - BOWEN - EXHIBIT"B"-PAGE 2 OF X
DATE: 09/07/2022 CHECKED BY: E.SPOONER
EXHIBIT"A"
M-245 PARALLEL RELIEF INTERCEPTOR
FOR WEST FORK TRUNK SEWER SYSTEM
PARCEL 4
PERMANENT SANITARY SEWER FACILITY EASEMENT
ROBERT CROSS SURVEY,ABSTRACT NO. 304
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
BEING a 0.6914 acre tract of land located in the Robert Cross Survey, Abstract No. 304, City of Fort Worth, Tarrant
County, Texas, said 0.6914 acre tract of land being a portion of that certain tract of land described as "Tract 9",
conveyed to PATRICIA BOWEN FATHERNGILL, LLC, R.W. BOWEN, LLC, PAMELA B. ANDERSON, LLC and BOWN
TRAIL, LLC, by deed thereof filed for record in Tarrant County Clerk's Instrument No. D206189806, Official Public
Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.6914 acre tract of land being more particularly described by
metes and bounds as follows:
COMMENCING at a the intersection of the south right-of-way line of Lawnwood Street(being a 60 feet wide public
right-of-way)with the west right-of-way line of Beach Street(being a variable width public right-of-way, a portion of
said right-of-way being conveyed to the City of Fort Worth, by deed thereof filed for record in Volume 3148, Page
474, Deed Records,Tarrant County,Texas);
THENCE along the said west right-of-way line of Beach Street the following courses and distances:
South 00°12'31" East,a distance of 190.42 feet;
South 12'55'29"West,a distance of 154.03 feet;
South 00'12'31" East,a distance of 637.22 feet to the POINT OF BEGINNING of the herein described tract of land,
said beginning point having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 6,961,017.62 and E:
2,341,067.69;
South 00°12'31" East,a distance of 2.86 feet to the beginning of a non-tangent curve to the right having a radius
of 1,352.40 feet;
With said curve to the right,an arc length of 37.15 feet,and across a chord which bears South 00'34'34"West,a
chord length of 37.15 feet;
THENCE North 88'13'54"West,departing the said west right-of-way line,over and across said Tract 9,a distance of
752.48 feet to the east right-of-way line of South De Costa Street(being a 40 feet wide public right-of-way,a portion
of said right-o-way being dedicated by the plat thereof filed for record in Volume 309, Page 3, Plat Records,Tarrant
County,Texas;
THENCE North 00°33'47"West,along the said west right-of-way line,a distance of 40.03 feet;
PARCEL 4—EXHIBIT "A"—BOWEN—PAGE 1 of 6
Spooner&Associates,Inc.,309 Byers Street,Suite 100,Euless,Texas 76039-PH.817-685-8448-espooner n spoonersurveyors.com-S&A 18-096
THENCE South 88°13'54" East,departing the said right-of-way line,over and across said Tract 9, a distance of 753.23
feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.6914 acres(30,118 square feet)of land,
more or less.
The bearings recited hereinabove are based on a local coordinate system based on NAD83 Texas North Central Zone
4202,derived from GPS RTK observations using the North Texas VRS Network(maintained by Allterra Central, Inc.)
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing
description accurately sets out the metes and bounds description of the easement tract described herein.
lop
�E.0F.. T
9/13/2022
.N
Eric S.S e , PLS Date .......,.
Spooner Associates,Inc. E*—* S.SPOONER
Texas Registration No.5922 5922
TBPLS Firm No. 10054900
S U R`j Ey
PARCEL 4—EXHIBIT"A"—BOWEN—PAGE 2 of 6
Spooner&Associates,Inc.,309 Byers Street,Suite 100,Euless,Texas 76039-PH.817-685-8448-espooner e spoonersuiveyors.com-S&A 18-096
EXHIBIT"C"
M-245 PARALLEL RELIEF INTERCEPTOR
FOR WEST FORK TRUNK SEWER SYSTEM
PARCEL 4
TEMPORARY CONSTRUCTION EASEMENT
ROBERT CROSS SURVEY,ABSTRACT NO. 304
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
BEING a 1.9862 acre tract of land located in the Robert Cross Survey, Abstract No. 304, City of Fort Worth, Tarrant
County, Texas, said 1.9862 acre tract of land being a portion of that certain tract of land described as "Tract 9",
conveyed to PATRICIA BOWEN FATHERNGILL, LLC, R.W. BOWEN, LLC, PAMELA B. ANDERSON, LLC and BOWN
TRAIL, LLC, by deed thereof filed for record in Tarrant County Clerk's Instrument No. D206189806, Official Public
Records, Tarrant County, Texas (O.P.R.T.C.T.), said 1.9862 acre tract of land being more particularly described by
metes and bounds as follows:
COMMENCING at a the intersection of the south right-of-way line of Lawnwood Street (being a 60 feet wide public
right-of-way)with the west right-of-way line of Beach Street(being a variable width public right-of-way, a portion of
said right-of-way being conveyed to the City of Fort Worth, by deed thereof filed for record in Volume 3148, Page
474, Deed Records,Tarrant County,Texas);
THENCE along the said west right-of-way line of Beach Street the following courses and distances:
South 00°12'31" East,a distance of 190.42 feet;
South 12°55'29"West,a distance of 154.03 feet;
South 00°12'31" East,a distance of 556.05 feet to the POINT OF BEGINNING of the herein described tract of land,
said beginning point having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 6,961,095.92 and E:
2,341,067.41;
South 00°12'31" East,a distance of 81.17 feet to the beginning of a non-tangent curve to the right having a radius
of 1.352.40 feet;
With said curve to the right,an arc length of 47.15 feet,and across a chord which bears South 00°47'25"West,a
chord length of 47.15 feet;
THENCE departing the said west right-of-way line,over and across the said Tract 9 the following courses and
distances:
North 88°13'54"West,a distance of 157.30 feet;
South 80°11'03"West,a distance of 199.20 feet;
North 88°13'54"West,a distance of 398.04 feet to the east right-of-way line of South De Costa Street(being a 40
feet wide public right-of-way,a portion of said right-of-way being dedicated by the plat thereof filed for record in
Volume 309, Page 3, Plat Records,Tarrant County,Texas;
THENCE North 00°33'47"West,along the said west right-of-way line, a distance of 120.10 feet;
PARCEL 4—EXHIBIT"C"—BOWEN—PAGE 4 of 6
Spooner&Associates,Inc.,309 Byers Street,Suite 100,Euless,Texas 76039-PH.817-685-8448-espomier:(spoonersun eyors.com-S&A 18-096
LINE TABLE EXHIBIT "B"
NO. DIRECTION DIST. SEE ATTACHED METES&BOUNDS
DESCRIPTION ON EXHIBIT'A"HEREIN
L1 S00°12'31"E 190.42' 0 50' 100'
(60'WIDE PUBLIC R.O.W.) POINT OF
L2 S12°55'29"W 154.03' LAWNWOOD ST. COMMENCING
GRAPHIC SCALE IN FEET SEX.R.o.W.
L3 S00°12'31"E 637.22' 1"= 100' — — '— —
L4 N00°12'31"W 2.86'
L5 N00°33'47W 40.03' w q
G30o QGG coos�NJad��
N(Do ' OWNER � J o
PATRICIA BOWEN FEATHERNGILL, LLC m
R.W. BOWEN, LLC., PAMELA B.ANDERSON,
x v
o LLC, &BOWEN TRAIL, LLC o c�
"TRACT 9" IN T.C.C.I. NO. D206189806,
w I O.P.R.T.C.T. m
^ PERMANENT SANITARY W : o
SEWER FACILITY EASEMENT TEMPORARY CONSTRUCTION > >
O U 0.6914 ACRES (30,118 SQ. FT.) EASEMENT(BY SEPARATE _
INSTRUMENT) —
U d
li m V - - - - - - - - - - - - _ _ — _ coPOINT OF
— — — — — — — — — — -� �' BEGINNING
w O S88°13'54"E 753.23' —
M ������������������� ����•� N:6,961,017.62
E:2,341,067.69
c L4
� (NAD83-GRID)
N88°13'54"W 752.48'
- - - - - - - - - - - - - --- - N:6,961,017.62
C1 E:2,341,067.69
R= 1,352.40' TEMPORARY CONSTRUCTION (NAD83-GRID) p
L=37.15' I EASEMENT(BY SEPARATE
CHB=S00°34'34"W INSTRUMENT) f w
CHL=37.15'
EXHIBIT -FB„ SPOONER& -`OF
PERMANENT SANITARY SEWER FACILITY EASEMENT ASSOCIATES
ROBERT CROSS SURVEY, ABSTRACT NO. 304, REGISTERED PROFESSIONAL LAND SURVEYORS
N
• ERIC S.SPO0NER
CITY OF FORT WORTH TARR-ANT COUNTY TX
� � 309 BYERS STREET,SUITE 100,EULESS,TEXAS 76039 5922
(817)685-8448 WWW.SPOONERSURVEYORS.COM °FE �O�
PROPERTY:BOWEN,T.C.C.I.N0.D206189806,O.P.R.T.C.T. PROPERTY ACREAGE:164.42ACRES(CALCDEED) TBPLS FIRM NO. 10054900 R Vs
18-096 P4 BOWEN PERM.dwg DRAWN BY:C.REEDER CHECKED BY:E.SPOONER PAR.4-BOWEN-EXH"B"-PG. 3 OF 6 ,.
THENCE departing the said east right-of-way line,over and across said Tract 9 the following courses and distances:
South 88°13'54" East,a distance of 580.23 feet;
North 60°13'29" East,a distance of 92.25 feet;
South 88°13'54" East,a distance of 92.90 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 1.9862 acres(86,519 square feet),of which
0.6914 acres(30,118 square feet)is located within the limits Exhibit's A-B, leaving a net area of 1.2948 acres(56,401
square feet)of land to be acquired.
The bearings recited hereinabove are based on a local coordinate system based on NAD83 Texas North Central Zone
4202,derived from GPS RTK observations using the North Texas VRS Network(maintained by Allterra Central, Inc.)
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing
description accurately sets out the metes and bounds description of the easement tract described herein.
OF
9I13/2022 * ..
Eric S.S O er, PLS Date ERIC S.SPOONER
Spooner&Associates, Inc. 5922
Texas Registration No. 5922 °FEss °�P oQ
TBPLS Firm No. 10054900 9tio sU,
PARCEL 4—EXHIBIT "C"—BOWEN—PAGE 5 of 6
Spooner&Associates,Inc.,309 Byers Street,Suite 100,Euless,Texas 76039-PH.817-685-8448-espooner@spoonersurveyors.com-S&A 18-096
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CONDEMNATION MAP
Sanitary Sewer M-245 Parallel Relief Interceptor Project - CD 11
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521 BEACH ST:, —
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*LOCATION OF BOUNDARY IS APPROXIMATE.
TCE P31P4=1.8736 Acres rtrto ,U G !► r 3 I t,511� i� ' {#
SSE P3/P4=1.1327 Acres L _ ._-, , "a { "\•'� >s t
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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.
FORT WORTH®
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/14/23 M&C FILE NUMBER: M&C 23-0952
LOG NAME: 21CONDEMN 100997 P3&P4 SS M-245 PARALLEL RELIEF INTERCEPTOR
SUBJECT
(CD 11)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 1.1327 Acres in Permanent Sanitary Sewer Easement and
1.8736 Acres in Temporary Construction Easement from Real Property Owned by the Patricia Bowen Featherngill, LLC, Pamela B.Anderson,
LLC, Bowen Trail, LLC, Edmund B. Frost, Robert H. Frost, Harold J. Frost, Robert W. Bowen, Pamela B.Anderson, Patricia Featherngill,Susan
K. Bowen,George Marcum Frost LLLP,Wyatt Hans,and Callan Hans-Bowen,Located at 521 Beach Street in the Robert Cross Survey,Abstract
No.304,Tract 1 C,Tarrant County,Texas,for the SS M-245 Parallel Relief Interceptor Project
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owners to acquire 1.1327 acres in permanent sanitary sewer easement and
1.8736 acres in temporary construction easement from real property owned by the Patricia Bowen Featherngill, LLC, Pamela B.Anderson,
LLC, Bowen Trail, LLC,Edmund B. Frost, Robert H. Frost, Harold J. Frost, Robert W. Bowen, Pamela B.Anderson, Patricia
Featherngill,Susan K. Bowen,George Marcum Frost LLLP,Wyatt Hans,and Callan Hans-Bowen,located at 521 Beach Street in the Robert
Cross Survey,Abstract No.304,Tract 1 C,Tarrant County,Texas,were unsuccessful due to the inability 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 Sanitary Sewer M-245 Parallel Relief Interceptor Project(City Project
No. 100997);
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 Sanitary Sewer M-245 Parallel Relief Interceptor project,a public use project that will
connect two downtown deep tunnel sewers with the two West Fork trunk sewers near 1 st Street, north of Gateway park to address system capacity
issues in the West Fork Basin.The project consists of a proposed scope of services includes a 13,600 foot,60-inch sanitary sewer main;an
additional 6,000 feet for the replacement and rehabilitation of various segments immediately upstream and downstream of the existing M-245 that
are severely deteriorated and/or require rerouting to eliminate conflict with the Trinity Railway Express railroad track expansion project building
encroachment;connection to the proposed 60-inch relief main and the existing M-245.
An independent appraisal established fair market value for the property interest in the total amount of$60,489.00. 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 property interest(shown
below)on the property.
Parcel I Legal Description I Acreage/Property
No. Interest
3-SSE 521 Beach Street, Robert Cross 0.4413 Acres/Permanent
Survey,Abstract 304,Tract 1 C Sanitary Sewer Easement
P�lSurvey,521 Beach Street, Robert Cross 0.5788 Acres/Temporary
Abstract 304,Tract 1 C lConstruction Easement
4-SSE 521 Beach Street, Robert Cross 0.6914 Acres/Permanent
Survey,Abstract 304,Tract 1 C Sanitary Sewer Easement
F-�TcE521 Beach Street, Robert Cross 1.2948 Acres/Temporary
Survey,Abstract 304,Tract 1 C 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 1.1327 acres in permanent
sanitary sewer easement and 1.8736 acres in temporary construction easement from real property owned by the Patricia Bowen
Featherngill, LLC, Pamela B.Anderson, LLC, Bowen Trail, LLC, Edmund B. Frost, Robert H. Frost, Harold J. Frost, Robert W. Bowen, Pamela B.
Anderson, Patricia Featherngill,Susan K. Bowen,George Marcum Frost LLLP,Wyatt Hans,and Callan Hans-Bowen,located at 521 Beach
Street in the Robert Cross Survey,Abstract No.304,Tract 1 C,Tarrant County,Texas.The land rights in the subject property are needed for
the Sanitary Sewer M-245 Parallel Relief Interceptor project,a public use that will connect two downtown deep tunnel sewers with the two West
Fork trunk sewers near 1It Street,north of Gateway park to address system capacity issues in the West Fork Basin. The land rights in the subject
property will be used for the continuation of sanitary sewer improvements.The property is located at 521 Beach Street in the Robert Cross Survey,
Abstract No.304,Tract 1 C,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 for the Sanitary Sewer M-245 Parallel Relief Interceptor project is depicted below:
Fund Existing Appropriations Additional Appropriations Project Total*
W&S WS Capital Project 2019—Fund 56016 $3,585,000.00 $0.00 $3,585,000.00
Project Total $3,585,000.00� $0.00 $3,585,000.00
*Numbers rounded for presentation purposes.
Funding is budgeted in the WS Capital Project 2019 Fund for the purpose of funding the Sanitary Sewer M-245 Parallel Relief Interceptor project,
as appropriated.
This property is located in COUNCIL DISTRICT 11.
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 WS Capital Project 2019
Fund for the SS M245 Parallel Relief 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 by: Dana Burghdoff 8018
Originating Business Unit Head: Ricardo Salazar 8379
Additional Information Contact: Jeremy Van Rite 2574