HomeMy WebLinkAboutResolution 6124-06-2025A Resolution
NO. 6124-06-2025
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 June 24, 2025, in M&C 25-0621, ordered and
decreed that a public necessity existed to acquire 0.0090 acres in right-of-way easement from real property
located 5701 Camp Bowie Boulevard in the J A Bowers Survey, Abstract No. 87, Lot 39 and 40, Block
142, Chamberlin Heights First Filing, 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");
and
WHEREAS, the Fort Worth City Council has determined that:
- the Property is needed for Camp Bowie and Horne Intersection Improvements (the "Project");
- the land rights in the Property are needed for new road intersection 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 Property Division of the Property Management Department is authorized to acquire
by negotiation the Property needed for the Project.
WHEREAS, the City of Fort Worth will acquire the needed property interests to obtain clear title;
WHEREAS, on this 24"' day of June, 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 eminent domain
to acquire the following:
• 0.0090 acres in right-of-way easement at 5701 Camp Bowie Boulevard in the J A Bowers
Survey, Abstract No. 87, Lot 39 and 40, Block 142, Chamberlin Heights First Filing, City
of Fort Worth, Tarrant County, Texas owned by PNC Bank, NA.; and
0.0273 acres in right-of-way easement; 0.0046 acres in permanent utility easement; and
0.2636 acres in temporary construction easement at 5605 Locke Avenue in the J A Bowers
Survey, Abstract No. 87, Part of Lot 18-R-2, Block 143, Chamberlin Heights First Filing,
City of Fort Worth, Tarrant County, Texas owned by STORE Capital Acquisitions LLC.
The land rights in the subject property are needed for the Camp Bowie and Horne Intersection
Improvements Project, a public use project that will enhance traffic flow and safety at the road intersection
of Camp Bowie and Horne Streets. The property interest to be acquired is described by metes and bounds
and depicted by survey exhibits attached to this Mayor and Council Communication; and
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 those units."
Seconded by Flores, 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 24`h day of June 2025.
ATTEST:
By:
Name: Jannette S. Goodall
Title: City Secretary
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LEGAL DESCRIPTION
RIGHT-OF-WAY DEDICATION
BEING a 394 square foot (0.0090 acre) tract of land situated in the J.A. Bowers Survey, Abstract No. 87, City of Fort
Worth, Tarrant County, Texas; said tract being part of Lot 39 and 40, Block 142, Chamberlin Arlington Heights First
Filing, an addition to the City of Fort Worth according to the plat recorded in Volume 63, Page 21 of the Plat Records,
Tarrant County, Texas; said tract being more particularly described as follows:
BEGINNING at the intersection of the west right-of-way line of Home Street (a 64-foot wide right-of-way) and the
southeast right-of-way line of Camp Bowie Boulevard (a variable width right-of-way);
THENCE South 00°02'56" West, along the said west right-of-way line of Horne Street, a distance of 30.09 feet to a
5/8-inch iron rod with cap stamped "KHA" set for corner; from said point a 1/2-inch iron rod found at the intersection
of the said west right-of-way line of Horne Street and the north right-of-way line of Lovell Avenue (a 80-foot wide
right-of-way) bears South 00°02'56" West, a distance of 104.10 feet;
THENCE North 57°20'48" West, departing the said west right-of-way line of Horne Street, a distance of 31.09 feet to
a 5/8-inch iron rod with cap stamped "KHA" set for corner in the said southeast right-of-way line of Camp Bowie
Boulevard;
THENCE North 63°03'30" East, along the said south right-of-way line of Camp Bowie Boulevard, a distance of 29.39
feet to the POINT OF BEGINNING and containing 394 square feet or 0.0090 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the right-of-way tract.
RIGHT-OF-WAY DEDICATION
PART OF LOTS 39 & 40, BLOCK 142
CHAMBERLIN ARLINGTON
HEIGHTS FIRST FILING
J.A. BOWERS SURVEY
O F R—
ABSTRACT NO. 87
MICHAEL C. BILLINGSLEY
Nis
•�'REGISTERED
CITY OF FORT WORTH
PROFESSIONALTARRANT
COUNTY, TEXAS
...............:... SURVEYOR NO. 6558 LEO BILLINGSLEY
LAND
801 CHERRY STREET, '6558•'•••"""�•••
UNIT 11 SUITE 1300
6558 P�;�FORT
Kimlav*Horn
WORTH, TEXAS 76102
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801 cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511
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Fort Worth, Texas 76102 FIRM # 10194040 www.ldmley-hom.com
michael.billingsley@kimley-horn.coN/A
Scale Drawn I Checked by
I Date I
Proiect No.
I Sheet No.
CDP 11 MCB
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PADILLA. CAELAN 10131/2024 10A6 AM KiWTW SURVEY1061018436-CAMP BOWIE AT HORNE FORT WORTHIDWG1061618436-CAMP DOWIE AT HORNS FORT VVORTN ROW COAAPASS
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GRAPHIC SCALE IN FEET
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LEGEND
—RIGHT-OF-WAY
DEDICATION
0.0090 ACRES
394 SQ. FT.
LOT 38 1 LOT 39 i LOT 40 1
LOCK 14'?
CHAMBERLIN ARLINGTON
It
HEIGH—S FIRST FILING
(VO -. 63, PG.
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(INST.INO. D2120 7275)
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRFC = 5/8" IRON ROD W/ "KHA" CAP FOUND
NOTES
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1/2" CIRF LOT 18-R-2, BLOCK 143
CHAMBERLIN ARLINGTON HEIGHTS
FIRST FILING
(CAB. A, SL. 10710)
LOVELL AVENUE
(A80-FOOT WIDE RIGHT-OF-WAY)
STORE CAPITAL ACQUISITIONS, LL
2410 LILLYVALE AVE
LOS ANGELES, CA 90032
(INST. NO. D214213357)
LINE TABLE
NO. BEARING LENGTH
L1 S00°02'56"W 30.09'
L2 N57°20'48"W 31,09'
L3 N63°03'30"E 29.39'
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A metes & bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that this plat of survey accurately
sets out the metes and bounds of the right-of-way tract.
RIGHT-OF-WAY DEDICATION
PART OF LOTS 39 & 40, BLOCK 142
CHAMBERLIN ARLINGTON
HEIGHTS FIRST FILING
J.A. BOWERS SURVEY
E OF ABSTRACT NO. 87
MICHAEL C. BILLINGSLEY
co CITY OF FORT WORTH
REGISTERED PROFESSIONAL *' �* TARRANT COUNTY, TEXAS
...:..........................
LAND SURVEYOR NO. 6558 MICHAEL OLEO BILLINGSLEY
801 CHERRY STREET, ••••••••�••�•���"�.'���••••••• Kimlav*Horn
UNIT 11 SUITE 1300 10 6558
FORT WORTH, TEXAS 76102 E �'•O� 601 Cherry street, Unit 11, # 1300 Tel. No. (617) 335f511
•Y •••'••.....••• `` Fort Worth, Texas 76102 FIRM # 10194040 a ,kimley-hom.com
PH. 817-335-6511 D 8 � R v Scale Drawn by I Checked by Date Project No. I Sheet No.
michael.billingsley@kimley-horn.com 1"=40' CDP MCB 10/31/2024 06101a436 20F2
PADILLA. GAELAN 10131=4 10:46 AM K:lFrW SURVEY1061018436-CAMP BOWIE AT HORNE FORT WO �THi DWG1061 18436-CAMP OWIE AT HORNS FORT QRTH_ROW_COMPASS
BANK.DWG
MAYOR AND COUNCILCOMMUNICATION MAP
5701 CAMP BOWIE BLVD CPN103313
COUNCIL DISTRICT 03
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Tarrant County Chamberlain
Heights Addition Block 14,
Lot 39 & 40
Copyright ® 2025 City of Fort Worth. Unauthorized reproduction is a violation of
applicable laws. This data is to be used for graphical representation only. The
accuracy is not to be taken/used as data produced for engineering purposes or by a
registered professional land surveyor. The City of Fort Worth assumes no
responsibility for the accuracy of said data.
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/24/25 M&C FILE NUMBER: M&C 25-0621
LOG NAME: 21CONDEMN 103313 PARCEL 1 PNC BANK
SUBJECT
(CD 3) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.0090 Acres in Right -of -Way Easement from Real Property
Owned by PNC Bank NA, Located at 5701 Camp Bowie Boulevard in the J A Bowers Survey, Abstract No. 87, Lot 39 and 40, Block 142,
Chamberlin Heights First Filing, City of Fort Worth, Tarrant County, Texas, for the Camp Bowie and Home Intersection 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 0.0090 acres in Right -of -Way Easement from real property
owned by PNC Bank, NA., located at 5701 Camp Bowie Boulevard in the J A Bowers Survey, Abstract No. 87, Part of Lot 39 and 40, Block
142, Chamberlin Heights First Filing, 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 Camp Bowie and Home Intersection Improvements project (City
Project No. 103313);
3. Adopt the attached resolution authorizing the City of Fort Worth 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 Camp Bowie and Home Intersection Improvements project, a public use project that
will enhance traffic flow and safety at the road intersection of Camp Bowie and Horne streets.
An independent appraisal established fair market value for the property interest (shown below) in the total amount of $19,393.00. 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.
IParcell Acreage /
No Legal Description Property
Interest
0.0090 Acres /
01 5701 Camp Bowie Blvd., J.A. Bowers Survey,
Abstract 87, Partt of Lot 39 and 40, Block 142 Right -of -Way
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 0.0090 acres in right-of--
way easement from real property owned by PNC Bank, NA, located at 5701 Camp Bowie Boulevard in the J A Bowers Survey, Abstract No. 87,
Lot 39 and 40, Block 142, Chamberlin Heights First Filing, City of Fort Worth, Tarrant County, Texas. The property is needed to enhance and
improve the traffic flow and safety at the road intersection of Camp Bowie and Home streets (City Project No 103313), a public use project that will
reconfigure the intersection routing. 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 Camp Bowie and Home Intersection Improvement project is depicted below:
(Fund (Existing FundinglAdditional Funding Project Total
I I
34027 — 2022 Bond Program $4,400,000.00 $0.00 $4,400,000.00
Total $4,400,000.00 $0.00 $4,400,000.00
This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022)
provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is
issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022).
Funding is budgeted in the 2022 Bond Program for the purpose of funding the Camp Bowie and Horne Intersection Improvement 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 / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund
for the Camp Bowie Blvd at Horne St project to support the approval of the above recommendations. Prior to any expenditure being incurred, the
Transportation & Public Works and Property Management Departments have the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Marilyn Marvin 7708
Additional Information Contact: Jeremy Van rite 2574