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Home My WebLink AboutResolution 6074-03-2025A Resolution NO.6074.03-2025 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 25, 2025, in M&C 25-0258, ordered and decreed that a public necessity existed to acquire 5.332 acres of land in Fee Simple Interest from real property located at 10301 Camp Bowie West Boulevard, Fort Worth in the G. M. Petitt Survey, Abstract No. 1235, Tract 4, City of Fort Worth, 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 Mary's Creek Confluence Lift Station project (the "Project"); - the land rights in the Property are needed to transport wastewater to the future Mary's Creek Water Reclamation Facility in order to treat wastewater produced in the rapidly developing western part of the City and source high -quality reclaimed water for future businesses and industries in the area.; 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, Johnson Sisters Partnership, 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 251 day of March 2025, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Crain, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 5.332 acres of land in Fee Simple Interest from real property owned by Johnson Sisters Partnership. The subject property is located at 10301 Camp Bowie West Boulevard, Fort Worth in the G. M. Petitt Survey, Abstract No. 1235, Tract 4, City of Fort Worth, Tarrant County, Texas. The land rights in the subject property are needed for the Mary's Creek Confluence Lift Station project, a public use that provides for transporting wastewater to the future Mary's Creek Water Reclamation Facility in order to treat wastewater produced in the rapidly developing western part of the City. 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 Councihnember 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 25th day of March 2025 ATTEST: By: Jannette S. Goodall, City Secretary CPN 103648 Mary's Creek lift Station 10301 Camp Bowie P 21 Condemnation Map Council District 3 aLocatior Is Appror PS Fee Si * =F b.an pregarsd fdr or .e Copyrtpnt 2017 C.ey of Fort Won.. Un.uma orid faprod,.L. n 4 • r�wau.n d appl.caWe law. This product h far lnfarKdllianal purpofas and m.y na haw t.a Th. C ry of Fort WOK. ufamas�a r �•pon�b ry fr thsa s-01 M id data.n t'�.�raund surv.y •nd rrPr—t. on=v tna appro.x *ta r.iatnr cl facation gropertY �oun4snas. FORT WORTH,. EXHIBIT "A" MARY'S CREEK FORCE MAIN SECTION 2 FEE SIMPLE TRACT G. M. PETITT SURVEY, ABSTRACT NO. 1235 TRACT 4 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being a 5.332 acre (232,278 square feet) tract of land situated in the G. M. Petitt Survey, Abstract No. 1235, Tract 4, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land conveyed to Julianne Johnson Atterbury, Josephine Johnson Franzheim, and Estella Gillis Johnson (the Johnson Sisters) as recorded Volume 13816, Page 318 of the Deed Records of Tarrant County, Texas, said 5.332 acre (232,278 square feet) tract of land being more particularly described by metes and bounds as follows: BEGINNNING at a 5/8 inch iron rod with cap stamped "RPLS 1640" found (controlling monument) for the northwest corner of said tract of land conveyed to the Johnson Sisters and the most northerly northeast corner of a tract of land conveyed to Donegal Hills, LP as described in Instrument No. D210323404 of the Official Public Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped `RPLS 1640" being in the south line of Camp Bowie West Boulevard (variable width right-of-way) and having a grid coordinate of N=6,946,432.34 and E=2,272,616.69; THENCE North 89 degrees 18 minutes 55 seconds East, with the north line of said tract of land conveyed to the Johnson Sisters and the south line of said Camp Bowie West Boulevard, a distance of 318.53 feet to a 5/8 inch iron rod with cap stamped "RPLS 1640" found for the beginning of a curve to the left having a radius of 1,991.08 feet, a delta of 05 degrees 17 minutes 09 seconds, and whose chord bears North 86 degrees 07 minutes 57 seconds East, a chord distance of 183.62 feet; THENCE Easterly, with said curve to the left, with the north line of said tract of land conveyed to the Johnson Sisters and the south line of said Camp Bowie West Boulevard, an arc distance of 183.69 feet to a Type I TXDOT Monument found for corner; THENCE South 83 degrees 29 minutes 43 seconds East, with the north line of said tract of land conveyed to the Johnson Sisters and the south line of said Camp Bowie West Boulevard, a distance of 163.04 feet to a 5/8 inch iron rod with cap stamped "RPLS 1640" (controlling monument) found for the beginning of a curve to the left having a radius of 2,031.08 feet, a delta of 05 degrees 59 minutes 55 seconds, and whose chord bears North 76 degrees 40 minutes 41 seconds East, a chord distance of 212.55 feet; THENCE Easterly, with said curve to the left, with the north line of said tract of land conveyed to the Johnson Sisters and the south line of said Camp Bowie West Boulevard, an arc distance of 212.65 feet to a 5/8 inch iron rod with blue cap stamped "GORRONDONA & ASSOC INC" set for corner; THENCE North 57 degrees 47 minutes 47 seconds East, with the north line of said tract of land conveyed to the Johnson Sisters and the south line of said Camp Bowie West Boulevard, a distance of 2.49 feet to a 518 inch iron rod with blue cap stamped "GORRONDONA & ASSOC INC" set for corner; Exhibit "A" Page 1 of 2 THENCE South 24 degrees 06 minutes 48 seconds East, a distance of 342,58 feet to a 5/8 inch iron rod with blue cap stamped "GORRONDONA & ASSOC INC" set for corner; THENCE South 70 degrees 59 minutes 44 seconds West: a distance of 101.08 feet to a 5/8 inch iron rod with blue cap stamped "GORRONDONA & ASSOC INC" set for corner: THENCE South 83 degrees 52 minutes 39 seconds West, a distance of 129.30 feet to a 5/8 inch iron rod with blue cap stamped "GORRONDONA & ASSOC INC" set for corner; THENCE North 86 degrees 21 minutes 19 seconds West, a distance of 230.14 feet to a 5/8 inch iron rod with blue cap stamped "GORRONDONA & ASSOC INC" set for corner; THENCE North 64 degrees 57 minutes 18 seconds West, a distance of 203.38 feet to a 5/8 inch iron rod with blue cap stamped ' GORRONDONA & ASSOC INC" set for corner; THENCE North 77 degrees 09 minutes 37 seconds West, a distance of 291.47 feet to a 5/8 inch iron rod with blue cap stamped "GORRONDONA & ASSOC INC" set for corner in a southwesterly line of said tract of land conveyed to the Johnson Sisters and a northeasterly line of said tract of land conveyed to Donegal Hills, LP; THENCE North 31 degrees 46 minutes 22 seconds West, with a southwesterly line of said tract of land conveyed to the Johnson Sisters and a northeasterly line of said tract of land conveyed to Donegal Hills, LP, a distance of 171.58 feet to the POINT OF BEGINNING, and containing 232,278 square feet or 5.332 acres of land, more or less. Notes: 1.) A plat of the same survey date herewith accompanies this legal description. 2.) Bearings are referenced to the Texas State Plane Coordinate System, NAD-83 (2011), North Central Zone (4202). All distances and areas shown are surface. Dates June 11, 2024 Revised June 14, 2024 Revised June 20, 2024 Revised September 18, 2024 Revised October 15, 2024 Revised October 17, 2024 Revised October 24, 2024-- r�v iF. OF 7F� RICHARD KENNEDY C- %°, 5527 �FE55 SUR Richard Kennedy Registered Professional LandL�yor No. 5527 Gorrondona & Associates, Inc. Texas Firm No. 10106900 Exhibit "A" Page 2 of 2 EXHIBIT "B " FEE SIMPLE TRACT P.O.B. FND 5/8-CIR cj ' "RPLS 1640" (CM) FND 5/8"CIR laOv G-o N r i r RID COORDINATE -RPLS 1640" (CM) R� r r N-6,946.432.34 FND TYPE I TXDOT r E-2,272,616.69 FND 5/8"CIR MONUMENT 'RPLS 1640' lJ P SEE 318.53 N 89'18'55"E Chi L_ 1 �= "1 0'—DETAIL "A" v�Y uR _y -- ---__ - - - - _ _- o PE�0 1235 >'�j PIPELINE RIGHT-OF-WAY AND EASEMENT FEE SIMPLE TRACT \ \ N r BARNETT GATHERING, L.P. G pG j� ! &� INSTRUMENT NO, D206412423 AREA: 232,278 SQ. FT. O.P.R.7.C.T. 5.332 ACRES 1 \`�" ABS� �RNo 26,415 SO. FT, LIES WITHIN PIPELINE RIGHT -OF -WRY JULIANNE JOHNSON ATTESURY N 77.0 � AND EASEMENT JOSEPHINE JOHNSON FRANZHEIM " `29147" "Iy �` ESTELLA GIWS JOHNSON \ (JOHNSON SISTERS) \ \ 6,679 sq. FT. LIES MIfTF11N s4S� VOLUME 13816, PAGE 318 SEWANENT ER EASEMENT ? \ O3 EW )8� `D�R.T.G.T. _ 3\ �- PERMANENT SANITARY " N 86*21'19i1{iL_4 \ \ SEWER EASEMENT DONEGAL HILLS, LP ♦ 230.14' 1 \ CITY OF FORT WORTH INSTRUMENT NO ♦ VOLUME 9016. PAGE 639 D210323404 \ \ D.R.T..R.7.C.T. O.P.R.T.C.T, JULIANNE JOHNSON ATTEBURY \ \ FND 1-1/2' JOSEPHINE JOHNSON FRANZHEIM IRON ROD ESTELLA GIWS JOHNSON \ ` (JOHNSON SISTERS) ` \ VOLUME 13816, PAGE 318 \ ♦ D, R.T.C.T. FND 1-1/2" - � IRON ROD - ---- FND 1" IRON ROD Ill.` FND 1" IRON ROD 200 100 0 200 IIIII III SCALE IN FEET ��► REVISED: JUNE 20. 2024 REVISED: OCTOBER 15, 2024 REVISED: JUNE 14. 2024 REVISED: OCTOBER 17, 2024 REVISED: SEPTEMBER 18. 2024 REVISED: OCTOBER 24, 2024 ForrWOUH City o f Fort Worth rth 200 TEXAS STREET " FORT WORTH, TEXAS 76102 r ,`�NOFLTF MARY S CREEK FORCE MAIN SECTION 2 IWALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION FEE SIMPLE TRACT _ _ I SURVEY: G.M. PETITT SURVEY, ABSTRACT NO. 1235 TRACT 4 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 232,278 SQUARE FEET OR 5.332 ACRES WHOLE PROPERTY ACREAGE: 116.209 ACRES (CALCULATED, JOB No. PL.UM2201.0O FDRAWN BY: BM RICHARD KENNEDY NO. 103648-2 \0 5527 ; SS7 lam �RICHARD KENNEDY ;-' 5 AC FST-R04 EGISTERED PROFESSIONAL LAND SURVEYOR _- 200' 1Nq. 5527 TEXAS FIRM No, 10106900 WORTH. TX. 76137 • 817-496-1424 FAX 817-496-1768 EXHIBIT "B " FEE SIMPLE TRACT LEGEND O CALCULATED POINT • FOUND MONUMENT (SIZE AND TYPE NOTED) ® SET 5/8 INCH IRON ROD W/CAP STAMPED "GORRONDONA & ASSOC. INC." (0.00) DEED OR RECORDED PLAT DIMENSIONS O.R.D.C.T. OFFICIAL RECORDS OF DENTON COUNTY, TEXAS P.R.D.C.T. PLAT RECORDS OF DENTON COUNTY, TEXAS P.O.B. POINT OF BEGINNING -- SUBJECT TRACT BOUNDARY LINE ADJOINING TRACT BOUNDARY LINE - EASEMENT LINE ----�- APPROXIMATE SURVEY LINE LINE TABLE LINE BEARING DISTANCE L-1 S 83'29.43"E 163.04' L-2 N 57'47'47"E 2,49' L-3 S 70'59'44W 101.08' L-4 S 83'52'39"W 129.30' CURVE TABLE CURVE RADIUS DELTA I CHORD BEARING CHORD ARC C-1 1991.08' 05'17'09" N 86'07'57"E 183.62' 183.69' 203108' . 05'59'55` N 76'40'41"E 1C-2 2 212.65' VICINITY MAP (NOT TO SCALE) L-2 �2 s �hQeft '1 DETAIL "A" NOTES: NOT TO SCALE 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT, 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE TYSTEM, NAD-93, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE, REVISED: JUNE 20, 2024 REVISED: OCTOBER 15, 2024 REVISED: JUNE 14, 2024 REVISED: OCTOBER 17. 2024 REVISED: SEPTEMBER 18, 2024 REVISED: OCTOBER 24. 2024 o woRT City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 MARY'S CREEK FORCE MAIN SECTION ,2 °�� rF WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION T�go+�J, RICHARD KENNEOY FEE SIMPLE TRACT CITY PROJ. NO. 103648-2 SURVEY: G.M. PETITT SURVEY ABSTRACT NO. 1235 TRACT 4 5527a�! LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 232.278 SQUARE FEET OR 5.332 ACRES R WHOLE PROPERTY ACREAGE: 116.209 ACRES CALCULATED RICHARD KENNEDY JO$ No. PLIJM2201.00 DRAWN 8Y: BM CAD FllE' 5 AC FST-R04 REGISTERED PROFESSIONAL LAND SURVEYOR DATE: JUNE 11. 2024 bWI91T B PAGE 2 OF 2 SCALE: 1' R 200' NO. 5527 TEXAS FIRM No, ID106900 ff CORRONDONA & ASSOCIATES, INC. • 2800 N,E. LOOP 820, SURE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 Lot Report Sun Oct 13 10:17:51 2024 Lot File: \\gainas04\Active\Production04\PLUM2201.00•- CoFW Mary's Creek\SURVEYICADILOTIMARY'S CREEK MASTER.lot Lot: 5 AC FST_R04 Bearing Distance Radius Delta Chord Ang Chord Length N 89018'55" E 318.53 N 86007 57" E 183.62 1991.08 5017'09" N 86007'57" E 183.62 183.69 S 83"29'43" E 163.04 N 76040'41" E 212.55 2031.08 5059'55" N 76040'41" E 212.55 212.65 N 57047'46" E 2.49 S 24006'48" E 342.58 S 70059'44" W 101.08 S 8305239" W 129.30 N 86021'19" W 230.14 N 64057'18" W 203.38 N 77°09'37" W 291.47 N 31 °46'22" W 171.58 Closure Error Distance> 0.0000 Total Distance> 2349.91 232,278 SQ. FT. 5.332 ACRES City of !sort Worth, Texas Mayor and Council Communication DATE: 03125/25 M&C FILE NUMBER: M&C 25-0258 LOG NAME: 21 CONDEMN 103648 P1 JOHNSON SISTERS PARTNERSHIP FEE SIMPLE SUBJECT (CD 3) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 5.332 Acres in Fee Simple Interest from Real Property Owned by the Johnson Sisters Partnership Located at 10301 Camp Bowie West Boulevard, Fort Worth in the G. M. Petitt Surrey, Abstract No. 1235, Tract 4, City of Fort Worth, Tarrant County, Texas, for the Mary's Creek Confluence Lift Station Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owner to acquire 5.332 acres in Fee Simple Interest from real property owned by the Johnson Sisters Partnership, located at 10301 Camp Bowie West Boulevard, Fort Worth in the G. M. Petitt Survey, Abstract No. 1235, Tract 4, City of Fort Worth, 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 Mary's Creek Confluence Lift Station project (City Project No. 103648); 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 construction and maintenance of Mary's Creek Confluence Lift Station, (City Project No. 103648). The Project will transport wastewater to the future Mary's Creek Water Reclamation Facility in order to treat wastewater produced in the rapidly developing western part of the City and source high -quality reclaimed water for future businesses and industries in the area. An independent appraisal established the property's fair market value of the Fee Simple Interest in the total amount of $425,700.00. 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 Commissioner's hearing held to acquire the Fee Simple interest on the property. Parcel No. Legal Description Acreage ! Property Interest M. PETITT SURVEY, ABSTRACT NO. 1235 TRACT 4 CITY OF FORT WORTH, TARRANT 11interest 5.332 Acres / Fee Simple iUNTY, TEXAS 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 5.332 acres of land in Fee Simple Interest from real property owned by the Johnson Sisters Partnership. The subject property is located at 10301 Camp Bowie West Boulevard, Fort Worth in the G. M. Petro Surrey, Abstract No. 1235, Tract 4, City of Fort Worth, Tarrant County, Texas. The land rights in the subject property are needed for the Mary's Creek Confluence Lift Station, a public use that provides for transporting wastewater to the future Mary's Creek Water Reclamation Facility in order to treat wastewater produced in the rapidly developing western part of the City. 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 & Sewer Bond 2017A Fund for the Water Department for the purpose of funding the MC LS Site & FM Align project, as appropriated. This property is located in COUNCIL DISTRICT 3. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION I CERTIFICATION: } The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Water & Sewer Bond 2020A Fund for the MC LS'Site & FM Align project to support approval of the above recommendations and acquisition of Fee Simple Interest. 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: Valerie Washington 6192 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Ricardo Salazar 8379