The URL can be used to link to this page

Home My WebLink AboutResolution 5951-05-2024A Resolution NO. 5951-05-2024 A RESOLUTION DE TERMINING THE NECESSITY FOR ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION OR CONDEMNATION FOR PUBLIC USE WHEREAS, the Fort Worth City Council on May 14, 2024, in M&C 24-0399, ordered and decreed that a public necessity existed to acquire 0.391 acres of land in right-of-way easement and 0.271 acres of land in slope easement from real property located at 8000 Boat Club Road in the E.S. Schultz Survey, Abstract No. 1439, 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, 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, Boaz Road, L.P., 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 14th day ofMay, 2024, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember 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: 0.391 acres of land in right-of-way easement and 0.271 acres ofland in slope easement located at 8000 Boat Club Road in the E.S. Schultz Survey, Abstract No. 1439, Tarrant County, Texas and owned by Boaz Road, L.P. 0.2132 acres of land in right-of-way easements and 0.0315 acres of land in temporary construction easements located at 6375, 6355 and 6325 WJ Boaz Road in the All Storage Boat Club Addition, an addition to the City of Fort Worth, Block 1, Lots 1, 2 and 3, Tarrant County, Texas and owned by PS LPT Properties Investors. The land rights in the subject properties are needed for the WJ Boaz Road Widening Improvements project, a pubIic use that provides for roadway improvements inc�uding pavement reconstruction with curb and gutter, drainage improvements, streetlights, shared use paths and reconstruction of the existing roundabout ai Bowman Roberts Road. The property interest to 5e 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 frst vote appiies to all of those units." Seconded by Councilman Beck, duly put and carried: RESOLUTION. NOW, THEREFORE, BE ZT RESOLVED SY THE CITY COUNCIL OF THE C�TY OF FORT WORTH, TEXAS TAAT: The City of Fort Worth, Texas, is authorized to use the power of eminent domain to acquire tne Property for the public use and inclusion in the Project; and The City Attorney be and is hereby authorized and directed to iile or cause to be fiIed, to spend alI reasonable and necessary Iegal expenses, and to carry through to final judgment proceedings in eminent domain for the acquisiiion of the property interest listed above and attached to the M&C. Adopted this 14�' day of May 202A-. ATTEST: � A .�s� By: Jannette S. GoodalI, City Secretary v„`-- -",� 4�'yy'5, �g � ��i o�((7�� Y � �� u � �� 0 �� q ��' �4 �d � �d d � o Od !� �a��oo�o�°�� nu City of Fort Worth, Texas Mayor and Council Communication DATE: 05/14/24 M&C FILE NUMBER: M&C 24-0399 LOG NAME: 21CONDEMN 103299 P1 BOAZ ROAD LP SUBJECT (CD 7) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.662 Acres in Right-of-Way and Slope Easements from Real Property Owned by Boaz Road, L.P., Located at 8000 Boat Club Road in the E.S. Schultz Survey, Abstract No. 1439, 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 0.662 acres in right-of-way and slope easements from real property owned by Boaz Road, L.P., located at 8000 Boat Club Road in the E.S. Schultz Survey, Abstract No. 1439, 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 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 $74,400.00. 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 right-of-way easement interest on the property. Parcel No.Legal Description Acreage/Property Interest 1 E.S. Schultz Survey, Abstract No. 1439, City of Fort Worth, Tarrant County 0.391 Acres / Right- of-Way Easement 1 E.S. Schultz Survey, Abstract No. 1439, City of Fort Worth, Tarrant County 0.271 Acres / Slope 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 0.391 acres of land in right- of-way easement and 0.271 acres of land in slope easement from real property owned by Boaz Road, L.P. The subject property is located at 8000 Boat Club Road in the E.S. Schultz Survey, Abstract No. 1439, 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 / 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 Marilyn Marvin 7708 Additional Information Contact:Austin DeGuire 2311 Alex Ayala 8883