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HomeMy WebLinkAboutResolution 5917-03-2024A Resolution NO.5917-03-2024 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 March 19, 2024, in M&C 24-0206, ordered and decreed that a public necessity existed to acquire 0.041 acres of land in right-of-way easement and .010 acres for a temporary construction easement from real property located at 5941 WJ Boaz Road in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lots 2 and 3, 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 WJ Boaz Road Widening Improvements project (the "Project'); - the land rights in the Property are needed for roadway improvements including pavement reconstruction with curb and gutter, drainage improvements, street lights, shared use paths and reconstruction of the existing roundabout at Bowman Roberts Road; - public necessity required the acquisition by condemnation of the Property, Iocated 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, Octavio Mesa, Jr., 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 19th day of March, 2024, at a regular meeting of the Fort Worth City Council, upon Motion of CounciImember Hill, to wit: "I move that the Fort Worth City Council adopt a resolution authorizing use of the power of eminent domain to acquire the following: 0.031 acres in right-of-way easement from property located at 7328 Bob Hanger Street in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lot 1, Tarrant County, Texas and 0.041 acres of land in right-of-way easement and .010 acres for a temporary construction easement from property located at 5941 WJ Boaz Road in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lots 2 and 3, Tarrant County, Texas from Octavio Mesa and Blanca Mesa; and 0.349 acres of land in right-of-way easement and 0.0182 acres of Iand in drainage easement from property located at 7450 Bowman Roberts Road in the J. Mock Survey, Abstract No. 1994, and being a portion of a tract of land described as Tract 2C as recorded in Instrument No. D217090187, Tarrant County, Texas from Marc English. The land rights in the subject properties are needed for the WJ Boaz Road Widening Improvements project, a public use that provides for roadway improvements including pavement reconstruction with curb and gutter, drainage improvements, streetlights, shared use paths and reconstruction of the existing roundabout at Bowman Roberts Road. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to the Mayor and Council Communications. This motion indicates that the first record vote applies to all units of property to be condemned and the minutes shall reflect that the first vote applies to all of those units." Seconded by Councilmember Bivens, 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 port 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 191 day of March 2024. ATTEST: By: Jannette S. Goodall; City Secretary PARCEL NO. 31-ROW-1 RIGHT-OF-WAY EASEMENT CITY PROJECT NO. 103299 W. J. BOAZ ROAD A. ROBERTS SURVEY, ABSTRACT NO. 1262 CITY OF FORT WORTH TARRANT COUNTY, TEXAS EXMIT "A" Being a 0.0410 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County, Texas and being a portion of Lots 2 and 3, Block E, Lake Crest Estates, as recorded in Volume 3 88-T, Page 39, Plat Records, Tarrant County, Texas, as described in deed to Octavio MezaJr., as recorded in Instrument No. D219017584, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with cap stamped "ALL POINTS", being in the southwest corner of Lot 1, Block 13, Innisbrook Place, as recorded in Instrument No. D217197217, Deed Records, Tarrant County, Texas, and being in the intersection of the existing north public right-of-way line of W.J. Boaz Road (having a variable width right-of-way) and the existing east public right-of-way Iine of Bellingham Road (having a 60 foot right -of --way); THENCE South 40°41'21" West, a distance of 86.14 feet to the POINT OF BEGINNING, being in the northwest corner of said Lot 2, and being in the northeast corner of Lot 1, Block E, Lake Crest Estates, as recorded in Volume 388-T, Page 39, PIat Records, Tarrant County, Texas, and being in the existing south public right-of-way line of said W.J. Boaz Road; THENCE North 8905 T19" East, along said existing south public right-of-way Iine, a distance of 130.00 feet to a point, being in the northeast corner of Lot 3 and in the northwest corner of Lot 34, Block E, Lake Crest Estates, as recorded in Volume 388-T, Page 39, Plat Records, Tarrant County, Texas; THENCE South 00°02'41" East, along the common Iine of said Lot 3 and said Lot 34, a distance of 7.45 feet to a set 1/2 inch iron rod with a cap stamped "GRAHAM ASSOC INC"(GAI), for the beginning of a non -tangent curve to the left having a radius of 489.50 feet and a central angle of 00°33' 18" and a long chord which bears South 83121110" West, 4.74 feet; THENCE along said non -tangent curve to the left, an arc length of 4.74 feet to a set 112 inch iron rod with "GAI" cap; THENCE South 83004'31" West, a distance of 38.55 feet to a set 1/2 inch iron rod with "GAI" cap, for the beginning of a tangent curve to the right having a radius of 550.50 feet and a central angle of 06°28'54" and a long chord which bears South 86'18'58" West, 62.28 feet; THENCE along said tangent curve to the right, an arc length of 62.28 feet to a set 1/2 inch iron rod with "GAI'° cap; THENCE South 89°33'25" West, along said common line, a distance of 24.90 feet to a set 1/2 inch iron rod with "GAI" cap, being in the common line of said Lot 2 and said Lot 1; THENCE North 00002'41" West, along said common line, a distance of 16.73 feet to the POINT BEGINNING and CONTAINING 1,787 square feet, 0.0410 acres of land, more or less. PAGE 1 OF 2 I - - LOT 60, BLOCK 6, INNISBROOK PLACE[ INST. NO. D217197217, P.R.T.C.T. SABRI Z ATABI INST. NO. D221231146, D.R.T.C.T, 51+00 —I — �XHIBI�T��! I = I LOT 11, BLOCK 13, INNISBROOK PEACE �, INST. NO. 0217197217, P.R.T.C.T. I ¢1 - f n NTS z VALERIE MARISSA CHRISTIAN y��ry�ti INST. NO. D221195699, D.R.T.C.T. OW4 OC FIR(CM) W.J. BOAZ ROAD 53+00 (VARIABLE WIDTH R.O.W.) 54+00 NO' 02' 41 "W POB w SO' 02' WE 16.73' G,� N89' 57' 19"E 130.00' 7.45' A=0' 33' 18" w A=6' 28' 54" S83' 04' 31 w R=489.50' N LO S89 33 25"W,0, 38.55' = 3 ' ¢ . j 24.90 I R=550.5 I [ T 2. 7 I a U) T=31.17' � 4.74' M I ! L=62.28' I c y I S83'21'10"W I3 S86 18 58"W U a o W o ,,, w o_�r LC=4.74' S I U, LC=62.24' (�/�JK;�o 1;p '�` ,�� 92c' a c�mot0-m rn Q cn w¢m- aF a Q a Q' Pj WU CaF� cacao m 00a5Loofm h m 1 (le ¢=03 0 ~�H�oi-;., or°° � eQn' ci m o I00 ism: a1.�"'1 o Lo Ma9 o vio z U-3 N Nr)c]Ss�ti �`� ? -dr rMn r�7 o o ►- p �n ) o �J �dOM ciL20 J � � CJz � LEGEND FIR -FOUND 1/2 INCH IRON ROD W/ "ALL POINTS° CAP P.R.T.C.T.-PLAT RECORDS, TARRANT COUNTY, TEXAS NOTE: • SET 1/2' I.R. W/GA1 CAP D.R.T.C.T.-DEED RECORDS, TARRANT COUNTY, TEXAS CM -CONTROLLING MONUMENT THE BEARINGS SHOWN HEREON ARE BASED POO-POINT OF BEGINNING GRAPHIC SCALE 1 11"50' ON THE TEXAS COORDINATE !STEM (NAO83), pOC-POINT OF COMMENCING NORTH CENTRAL ZONE (4202�. SEE EXHIBIT 'A' FOR DESCRIPTION OF SURVEY 0 50 100 52+000 0 FbvWonit CITY OF FORT WORTH T 1000 THROCKMORTON STREET / FORT WORTH, TEXAS 76102 P�� O F'�� W.J. BOAZ ROAD VARIABLE WIDTH R.O.W. EASEMENT .............................. NO. 31-ROW-1 .... M.L:PETE-RSON ROJ. NO. 103299 LOCATION: CITY OF FORT WORTH. TARRANT COUNTY. TEXAS A 5999sKL� [ACQUISITION AREA: 1.787 SQUARE FEET OR 0.0410 ACRES I OB NO. 630-1043 DRAWN BY: GA1 DRAINING FILE: W.J. BOAZ ROAD / P31-ROW-1 MICHAEL L. PETER ON ATE: 6/27/2022 PAGE 2 OF 2 SCALE; 1' a 50' d RPLS TEXAS NO. 5999 GRAHAM ASSOCIATES, INC. / 1300 SUMMIT AVE. SUITE 419. FORT WORTH, TX 76102 / 817-332-5756 FAX 817--336--6909 FILE NAVE: 4\FORT WORM\W J BOAZ ROAD\CAI)\PARCELS\PARCEL 31-ROW-1,0K Graham Associates 600 Six Flags Dr., Suite 500 Arlington, Texas 76011 (817) 640-B535 Friday, March 31, 2023 10:59:24 AM PROJECT: PARCEL 31-ROW-1 CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Point Number Description Station Northing Easting Elevation Bearing Distance -------------------------------------_-----------------------------------------_- 237 0+00.00 7001090.735 2302916.040 N8905711911E 130.00 ' 246 1+30.00 7001090.836 2303046.039 S00002'41"E 7.45 ' 240 1+37.45 7001083.386 2303046.045 Center Point: 241 7000596.908 2303100.352 Radius: 489.50 ' Delta: 0033118/1 Left i Arc Length: 4.74 ' Chord Hearing: S8302111011W Chord Length: 4.74 ' Middle Ordinate: 0.01 ' External: 0.01 ' Deg of Curvature: 11042'18" Arc Definition Tangent: 2.37 ' Curve P2: 7001083.128 2303043.689 242 1+42.19 7001082.837 2303041.337 S830041311tw 38.55 ' 243 1+80.74 7001078.190 2303003.066 Center Point: 244 7001624.674 2302936.697 Radius: 550.50 ' Delta: 6028'54" Right Arc Length: 62.28 ' Chord Bearing: S8601815811W Chord Length: 62.24 ' Middle Ordinate: 0.88 ' External: 0.88 ' Deg of Curvature: 10024129" Arc Definition Tangent: 31.17 ' Curve Pi: 7001074.436 2302972.120 245 2+43.02 7001074.191 2302940.957 S89033125"W 24.90 ' 238 2+67.91 7001073.998 2302916.058 N0000214111W 16.73 ' 237 2+84.65 7001090.728 2302916.045 Closing latitude =-0.00657 Closing departure = 0.00514 Closing bearing = N38000,351,W Closing distance = 0.00834 Total traverse length = 204.61 (284.65) Total error of closure = 1/34121 Error of closure in latitude = 1/43306 Error of closure in departure = 1/55410 Area = 1787 Sq. Ft. Area = 0.0410 Acres PARCEL NO. 31-TCE-I TEMPORARY CONSTRUCTION EASEMENT CITY PROJECT NO. 103299 W. J. BOAZ ROAD A. ROBERTS SURVEY, ABSTRACT NO. 1262 CITY OF FORT WORTH TARRANT. COUNTY, TEXAS EXHIBIT "A" Being a 0.0103 acre tract of land situated in the A. Roberts Survey, Abstract No. 1262, Tarrant County, Texas, and being a portion of Lot 2, Block E, Lake Crest Estates, as recorded in Volume 388-T, Page 39, Plat Records, Tarrant County, Texas, as described in deed to Octavio Meza Jr., as recorded in Instrument No. D219017584, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with cap stamped "ALL POINTS", being in the southeast comer of Lot 1, Block 13, Innisbrook PIace, as recorded in Instrument No. D217197217, Deed Records, Tarrant County, Texas, and being in the intersection of the existing north public right-of-way line of W.J. Boaz Road (having a variable width right-of-way) and the existing east public right-of-way line of Bellingham Road (having a 60 foot right-of-way); THENCE South 07°42'54" East, a distance of 65.86 feet to a point, being in the northeast corner of said Lot 2, and being in the northwest corner of Lot 3, Block E, Lake Crest Estates, as recorded in Volume 388-T, Page 39, PIat Records, Tarrant County, Texas, and being in the existing south public right-of-way line of said W.J. Boaz Road; THENCE South 00002'41" East, along the common line of said Lot 2 and Lot 3, a distance of 14.82 feet to a point, for the beginning of a non -tangent curve to the right having a radius of 550.50 feet and a central angle of 00°30'52" and a long chord which bears North 85°38'08" West, 4.94 feet; THENCE along said non -tangent curve to the right, an are Iength of 23.02 feet to the POINT OF BEGINNING; THENCE South 00126'35" East, a distance of 15.13 feet to a point; THENCE South 89°33'25" West, a distance of 3 I.00 feet to a point, THENCE North 00"26'35" West, a distance of 14.02 feet to a point, for the beginning of a non -tangent curve to the left having a radius of 550.50 feet and a central angle of 03° 13'44" and a Iong chord which bears North 87°30'26" East, 31.02 feet; THENCE along said non -tangent curve to the left, an arc length of 31.02 feet to the POINT OF BEGINNING and CONTAINING 447 square feet, 0.0103 acres of land, more or less. PAGE J OF 2 LOT 59, BLOCK 6, LOT 2, BLOCK 13, AMY INEZ PATTERSON ❑ EXHIBIT u8011 JOE A. HERNANDEZ INST. NO. D221340093, D.R.T.C.T. Q INST. NO. D221207248, D.R.T.C.T. 7405 BELLINGHAM RD. — O I I I 7404 BELUNGHAM RD. SITE I � + t LOT 60, BLOCK 6, INNISBROOK PLACE 12 I I LOT 11, BLOCK 13, INNISBROOK PLACE INST. NO. D217197217, P.R.T.C.T. 2 � INST. NO. D217197217, P.R.T.C.T. I SABRI Z. ATABI CD VALERIE MARISSA CHRISTIAN INST, NO. D221231146, D.R.T.C.T. z " INST. NO. D221195699, D.R.T.C.T. I n 7401 BELLINGHAM RD. NTS J VICINITY MAP J _ W _ _ _ m I POC Si 42' 54"E �=3' 13' 44" R=550.50' F1R�CM) 65.86' — — 51 +00 T=15.52' 52+00 0 53+00 54+00 g L=31.02' � �— — W.J. BOAZ ROAD Q N87'3O'26"E SO' 02' 411 (VARIABLE WIDTH R.O.W.) Lc=31.02' POB 14.82' =O' 30' 52" w NO' 26' 35"W ��rR=550.50' r I 14.02' I S89' " 33 25SO 26 35E T=2.47' I bi d "W y a L=4.94' W " tN� _ I 1 31.00 I i 5.13 I S85'38'08V I� LL 3 F�; ♦- U tY o /W/�� � �? 1.c=4.94 �, .' o n o o V. a: F w U U m UJI I r Lno I g�M� �o 1 Y�6��o�0 cn m cn n Fri m La2c� m V1 c� c3 m M to a�N Cam _c3¢ �I owF j7 m O,Ofl: r» OWc ~000~m m pp11a--�T m 0I0U d- _j �� ~ _� mNLn op aoO� aMoo�to ~o o L h�R"ry�ti C) r m cli Z J GJ CD Iff co I ' I I I I N- 7O LEGEND FIR -FOUND 5/8 INCH IRON ROD W/CAP STAMPED 'ALL POINTS' P.R.T.C.T.-PLAT RECORDS, TARRANT COUNTY, TEXAS NOTE: • SET 1/2' I.R. W/GAI CAP D.R.T.C.T.-DEED RECORDS, TARRANT COUNTY, TEXAS [nn CM -CONTROLLING MONUMENT THE BEARINGS SHOWN HEREON ARE BASED POB--POINT Of BEGINNING GRAPHIC SCALE 1 "=50' ON THE TEXAS COORDINATE YSTEM (NAD83), POC-POINT OF COMMENCING NORTH CENTRAL ZONE (4202). SEE EXHIBIT 'A' FOR DESCRIPTION OF SURVEY 0 50 100 °RTC CITY OF FORT WORTH 1000 THROCKMORTON STREET / FORT WORTH, TEXAS 76102 `� OF W.J. BOAZ ROAD VARIABLE WIDTH R.O.W. EASEMENT ARCEL N0. 0-TCE-1 M.L.PETERSON .............................. ITY PROJ. NO. 103299 LOCATION: CITY OF FORT WORTH. TARRANT C'.011NTY TFxAC I _:a. I,QQo UHVLY: A. ROBERTS ABSTRACT NO, 1262 IIACQUISMON AREA: 447 SOUARF FFFT OR n.o103 AC.RFS OB NO. 830-1043 DRAWN BY: GAI DRAWING FILE, W.J. BOAZ ROAD / P31-TCE-1 NAME ATE: 6/27 2022 PAGE 2 OF 2 SCALE; 1' : 50' RPLS TEXAS NO. 5999 RAHAM ASSOCIATES, INC. / 1300 SUMMIT AVE. SUITE 419, FORT WORTH, TX 76102 / 817--132-5756 FAX 817-336-6909 I'll I, NAML-: J:\FOftl VIOR111\Y1J F0,k2Ii0a1\Ch.13�PARf,F75\PC:RC[=1. 31-407-I,{)';!{; Graham Associates 600 Six Flags Dr., Suite 500 Arlington, Texas 76011 (817) 640-8535 Friday, March 31, 2023 11:01:57 AM PROJECT: PARCEL 31-5E-1 CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Point Number Description Station Northing Easting Elevation Bearing Distance -------------------------------------------------------------------------------- 247 0+00.00 7001075.592 2302976.124 500026135"E 15.13 ' 248 0+15.13 7001060.463 2302976.241 589033125"W 31.00 ' 249 0+46.13 7001060.223 2302945.241 N00026'35"W 14.02 ' 250 0+60.14 7001074.242 2302945.133 Center Point: 244 7001624.678 2302936.694 Radius: 550.50 ' Delta: 3013144" Left Are Length: 31.02 ' Chord Bearing: N87030126"E Chord Length: 31.02 ' Middle Ordinate: 0.22 ' External: 0.22 ' Deg of Curvature: 10024129" Arc Definition Tangent: 15.52 ' Curve PT: 7001074.481 2302960.647 247 -------------------------------------------------------------------------------- 0+91.17 7001075.592 2302976.124 Closing latitude =-0.00051 Closing departure = 0.00016 Closing bearing = N16055129"W Closing distance = 0.00054 Total traverse length = 91.17 (91.17) Total error of closure = 1/169835 Error of closure in latitude = 1/177524 Error of closure in departure = 1/583399 Area - 447 Sq. Ft. Area = 0.0103 Acres 31 CPN 103299 N 5941 WJ Boaz Road P31 Condemnation Map wl Council District 7 1.'# ".tiFSVdIgV� rt »: b r"`tdrE 3 7 k:n I� 4 1 f� Il , 7 q /- - - - - - - ?" Westlake. Parcel 31 ROW 1,787 SF 41 Spnngown - � ^ Peden S t fa Parcel 31 TCE 447 SF TOTAL 0.051 Acres La Junta t center Paint 377 t Subject Azle e s C Df (2,234 SF) WataUp Minter rr Saginaw— , r �..� � —'`-•--Bedford tNorth-Richland Hi • Euless E Melody Hips Hurst Sea .? Sansoni Park vlt gtwe� and Hill • ' REYe Oaks FOFt`WOfth � HucSsnn Oaks White Settfene�f tt • — R f Er �`; ZL. 'WeStcnfer Hills ' 1 �1 ant � Anneta r �AJ N f �D2lwottl:on Gardens Penb Forest Hill' 1 F7 r Fd Vtltaffa NQnrwrfabi . = Project Site 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: 03/19/24 M&C FILE NUMBER: M&C 24-0206 LOG NAME: 21CONDEMN 103299 P31 OCTAVIO MESAJR SUBJECT (CD 7) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.041 Acres of Land in Right -of -Way Easement and 0,010 Acres for a Temporary Construction Easement from Real Property Owned by Octavio Mesa, Jr., Located at 5941 WJ Boaz Road, in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lots 2 and 3, Tarrant County, Texas, for the WJ Boaz Road Widening Improvements Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owner to acquire 0.041 acres of land in right-of-way easement and 0.010 acres for a temporary construction easement from real property owned by Octavio Mesa, Jr., located at 5941 WJ Boaz Road in the Lake Crest Estates Addition, an addition to the City of Fort Worth, Block E, Lots 2 and 3, 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 interest for the WJ Boaz Road Widening Improvements project (City Project No. 103299); 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 WJ Boaz Road from Boat Club Road to Elkins School Road (City Project No. 103299). This project consists of widening and reconstructing approximately 1.1 miles of existing two-lane asphalt roadway to a four -lane divided concrete thoroughfare. The roadway improvements include pavement reconstruction with curb and gutter, drainage improvements, street lights, shared used paths and reconstruction of the existing roundabout at Bowman Roberts Road. An independent appraisal established the property's fair market value for the right-of-way property interest in the total amount of $69.700.00. Negotiations were unsuccessful due to 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 Commissioner's hearing held to acquire the property interests (shown below) on the property. Parcel No, Legal Description AcreagelProperty Interest Lot 2 and 3, Block E, Lake Crest 31 - ROWE Estates Addition, City of Fort Worth, 0.041 Acres / Right-of- Tarrant County Way Easement 0.010 Acres 1 31 _ Lot 2 and 3, Block E, Lake Crest Temporary TCE Estates Addition, City of Fort Worth, Construction Tarrant County 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 0.041 acres of land in right- of-way easement and .010 acres for a temporary construction easement from real property owned by Octavio Mesa, Jr. The subject property is located at 5941 WJ Boaz Road in the Lake Crest Estates Addition, an Addition to the City of Fort Worth, Block E, Lots 2 and 3, Tarrant County, Texas. The land rights in the subject property are needed for the WJ Boaz Road Widening Improvements project, a public use that provides for roadway improvements including pavement reconstruction. with curb and gutter, drainage improvements, street lights, shared use paths and reconstruction of the existing roundabout at Bowman Roberts Road. 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 2022 Bond Program for the purpose of funding the WJ Boaz Road Widening Improvements 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 1 CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program for the WJ Boaz Rd West Half 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 by: Dana Burghdoff 8018 Originating Business unit Head: Ricardo Salazar 8379 Niels Brown 5166 Additional Information Contact: Austin DeGuire 2311 Alex Ayala 8883