HomeMy WebLinkAboutResolution 6145-08-2025A Resolution
NO. 6145-08-2025
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 August 12, 2025, in M&C 25-0694, ordered and decreed
that a public necessity existed to acquire .156 acres of land in Permanent Sewer Easement and
approximately .279 acres for a Temporary Construction Easement from Real Property Owned by the
Ronald J. Miller, Located at 335 Winscott Road, in the J.B. Foster Survey, Abstract No. 520, City of
Benbrook, 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 Force Main (the "Project");
- the land rights in the Property are needed to transport wastewater to the future Mary's
Creek reclamation facility;
- 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 owners, Ronald J.
Miller, were unsuccessful due to inability to negotiate agreeable terms for the property interest being
acquired by the City of Fort Worth; and
WHEREAS, on this 12' day of August 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:
• 0.156 acres in permanent easement and 0.279 acres for a temporary easement at 335 Winscott
Road, in the J.B. Foster Survey, Abstract No. 520, City of Benbrook, Tarrant County, Texas
owned by Ronald J. Miller; and
• 1.993 acres in permanent easement and 1.738 acres for a temporary easement at 5200 Benbrook
Boulevard, in the J.W. Smith Survey, Abstract No. 1406, City of Benbrook, Tarrant County,
Texas owned by Cook Team LP.
The land rights in the subject property are needed for the Mary's Creek Force Main, 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 the 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 Councilmember 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 12' day of August 2025
ATTEST:
By:
Jannette S. Goodall, City Secretary
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CPN 103648 Mary's Creek Force Main
335 Winscott Road P 59
Condemnation Map Council District 3 N
W N.
AERIAL OF PART TO BE ACQUIRED
EXISTING SEWER
EASEMENT
'Location of Boundary is Approximate
P59 PSSE, TCE & TCEM
.156 Acres PSSE and .279 Acres Temporary
* = 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 prepamd 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 properly boundaries.
The City of Fort Worth assumes no responsibility for the accuracy of said data.
FORT WORTH.
EXHIBIT "A"
MARY'S CREEK FORCE MAIN SECTION 2
VARIABLE WIDTH PERMANENT SANITARY SEWER EASEMENT
PARCEL NO. 59 PSSE
J.B. FOSTER SURVEY, ABSTRACT NO. 520
CITY OF BENBROOK, TARRANT COUNTY, TEXAS
Being a Variable Width Permanent Sanitary Sewer Easement situated in the J.B. Foster Survey,
Abstract No. 520, City of Benbrook, Tarrant County, Texas, and being a portion of a called 0.9267
acre tract of land conveyed to Ronald J. Miller as recorded in Instrument No. D222072446 of the
Official Public Records of Tarrant County, Texas, said Variable Width Permanent Sanitary Sewer
Easement being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped (illegible) for the north corner of said called
0.9267 acre tract of land, the west corner of Block 1 of Radio & Television Commission, an
addition to the City of Benbrook as recorded in Cabinet 388-162, Slide 7 of the Plat Records of
Tarrant County, Texas, said 5/8 inch iron rod with cap stamped (illegible) having a grid coordinate
of N=6,937,151.116 and E=2,292,242.368 and being in the southeast line of Winscott Road
(variable width right-of-way);
THENCE South 41 degrees 09 minutes 32 seconds East, with the northeast line of said called
0.9267 acre tract of land and the southwest line of said Block 1, a distance of 44.18
feet to calculated point for the north corner of a 20-Foot Wide Temporary Construction
Easement Middle, from which a 5/8 inch iron rod with cap stamped "PROLINE" found
for reference in the northeast line of said called 0.9267 acre tract of land and the
southwest line of said Block 1 bears South 41 degrees 09 minutes 32 seconds East,
a distance of 38.33 feet;
THENCE South 37 degrees 08 minutes 39 seconds West, with the northwest line of said 20-Foot
Wide Temporary Construction Easement Middle, a distance of 255.66 feet to a
calculated point for the southwest corner of said 20-Foot Wide Temporary
Construction Easement Middle, said calculated point being in a northeast line of a
Variable Width Temporary Construction Easement;
THENCE North 55 degrees 15 minutes 08 seconds West, with a northeast line of a Variable
Width Temporary Construction Easement, passing at a distance of 10.89 feet, a
calculated point for corner in the southeast line of a Permanent Sanitary Sewer
Easement conveyed to the City of Fort Worth as recorded in Instrument No.
D206234215 of said Official Public Records of Tarrant County, Texas, in all, a distance
of 23.21 feet to a calculated point for the most southerly north corner of said Variable
Width Temporary Construction Easement, said calculated point being in the northwest
line of said called 0.9267 acre tract of land and the southeast line of said Winscott
Road;
THENCE North 30 degrees 21 minutes 06 East, with the northwest line of said called 0.9267
acre tract of land and the southeast line of said Winscott Road, a distance of 97.47
feet to a calculated point for corner;
Exhibit A Page 1 of 2
THENCE North 37 degrees 02 minutes 19 seconds East, with the northwest line of said called
0.9267 acre tract of land and the southeast line of said Winscott Road, passing at a
distance of 101.15 feet, a calculated point for the north corner of said Permanent
Sanitary Sewer Easement conveyed to the City of Fort Worth, in all, a distance of
145.99 feet to a calculated point for corner;
THENCE North 17 degrees 11 minutes 50 seconds East, with the northwest line of said called
0.9267 acre tract of land and the southeast line of said Winscott Road, a distance of
24.27 feet to the POINT OF BEGINNING, and containing 0.197 acres or 8,578 square
feet of land, of which 1,796 square feet lies within the limits of said Permanent Sanitary
Sewer Easement conveyed to the City of Fort Worth, leaving a net area of 6,782
square feet or 0.156 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.
Date: August 5, 2024
Revised: August 16, 2024
Revised: August 22, 2024
RICHARD KENNEDY
Richard Kennedy
Registered Professional Land
No. 5527
Gorrondona & Associates, Inc.
Texas Firm No. 10106900
5527 P� r Q:-,
SURD
Surveyor
Exhibit A Page 2 of 2
EXHIBIT .,33833 .
PARCEL No. 59 PSSE
,
,
Q F OS� R O . 5 `O FND 5/8- CAPPED IRON GRID COOORDI
\v ATE QCI� IQN
J •v • '` ROD (ILLEGIBLE) EGIBLE) �I' $LEVIS
E=2.292.242.368 DIO & ISSION1oE 7
P FND 5/8- CAPPED RA CQM� \62.
IRON ROD (PROUNE) d 1 �g1N� Pb, t•c..
PASSING
VARMLE WIDTH
PERMANENT SANITARY ®1o1.1s�
SEWER EASEMENT 4� ::... .% / , �►� FND 5/8- CAPPED
6,782 $Q. Ff. OR v /.::: f� // / IRON ROD (PROLINE) /
0.156 ACRES (NET AREA) !.:::::
1,796 SQ. FT. LIES WITHIN
THE LIMITS OF THE 3P `�� / / VARIABLE IDTH
PERMANENT SANITARY—� p&
SEWER EASEMENT fi/ j:;_.��,/ CONSTRUCTION
O
G
O
� CALLED 0.9267 ACRES
,...: RONALD J. MILLER
PASSING ... / INSTRUMENT No. D222072446 /
�1 ® 10.89 j / 2T WIDE O.P.R.T.C.T.
TEMPORARY EASEMEN�MIDDLETIONI
PERMANENT SANITARY SEWER
CITY OFFSFORT WORTH D /
INSTRUMENT NO. D206234215 OP /
/ O.P.R.T.C.T.\F,S.114
P t /
v / /
100 50 0 100
SCALE IN FEET I REVISED: AUGUST 22, 2024
REVISED: AUGUST 16, 2024
FbiffWORTH City of Fort worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MARV S CREEK FORCE MAIN SECTION 2
0
WALNUT CREEK LIFT STATION TO CONFLUENCE�IF STATION
....
fRo�+9
PARCEL o SE I
VARIABLE WIDTH PERMAMENT SANITARY SEWER EASEMENT
RICHARD KENNEDY
OWNER: RONALD J. MILLER
SUBDIVISION: N/A
`;°,po 5527
�2' °ESSk..
SURVEY: J.B. FOSTER SURVEY. ABSTRACT NO. 520
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS
UR�� }
ACQUISITION AREA: 6,782 SQUARE FEET OR 0.156 ACRES (NET AREA)
\`
WHOLE PROPERTY ACREAGE: 40,367 SQUARE FEET OR 0.9267 ACRES (PER DEED)
KIL HARD KENN DY
_
JOB No. PLUM2201.00 BY: NTK D FILE: MARYS CREEK_PSSE_59�t01.DWG
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5527 TEXAS FIRM No. 10106900
DATE: AUGUST 5. 2024 IT B PAGE 1 OF 2 SCALE: 1• = 100•
UP'
GORRONDONA do ASSOCIATES•2800 N.E. LOOP 820, SU 660 FORT WORTH, TX. 76137 8'
�-496-1424 FAX 817-496-1768
EXHIBIT
PARCEL No. 59 PSSE
LEGEND
5/8" CAPPED IRON ROD STAMPED
® "GORRONDONA & ASSOCIATES"
0 FND MONUMENTATION (SIZE AND TYPE NOTED)
O CALCULATED POINT
PROPERTY/RIGHT—OF—WAY LINE
— — — — — EXISTING EASEMENT LINE
— — — — — PROPOSED EASEMENT LINE
z SURVEY/ABSTRACT LINE
LINE TABLE
L-1 S 41'09'32"E 44,18'
L-2 S 41'09'32"E 38.33'
L-3 N 55'15'08"W 23.21'
L-4 N 30'21'06"E 97.47'
L-5 N 37'02'19"E 145.99'
L-6 N 17'11'50"E 24.27'
EAE
LOi
SUBJECT TRACT &
LOCATION OF EASEMENT
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS
SHOWN ARE SURFACE.
REVISED: AUGUST 22, 2024
REVISED: AUGUST 16, 2024
FoRTWORTH City of Fort
Worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MAR Y' S CREEK FORCE MAIN SECTION 2
0
WALNUT CREEK LIFT STATION TO CONFLUENCELIFTSTATION
.R �9
l 0TA
�Pe� o
VARIABLE WIDTH PERMAMENT SANITARY SEWER EASEMENT
RICHARD KENNEDY
OWNER: RONALD J. MILLER
SUBDIVISION: N/A
°,p 5527 Q�
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520"-�-
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS
UR�I�'
ACQUISITION AREA: 6,782 SQUARE FEET OR 0.156 ACRES (NET AREA)
\`
WHOLE PROPERTY ACREAGE: 40,367 SQUARE FEET OR 0.9267 ACRES (PER DEED)
RICHARD KENN DY
JOB No. PLUM2201A0 DRAWN BY: NTK CAD FlLE MARYS CREEK_PSSE_59_t01.DWG
DATE: AUGUST 5, 2024 EXHIBIT B PAGE 2 OF 2 SCALE: 1 • = 100'
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5527 TEXAS FIRM No. 10106900
GORRONDONA do ASSOCIATES, NC. 2800 N.E. LOOP 820, SU 660 FORT WORTH, TX. 76137 817-496-1424
FAX 817-496-1768
Lot Report Tue Jul 30 15:12:12 2024
Lot: PSSE 59
Bearing Distance
S 41 °09'32"E 44.18'
S 37008'39"W 255.66'
N 55015'08"W 23.21'
N 30021'06"E 97.47'
N 37002'19"E 145.99'
N 17011'50"E 24.27'
Closure Error Distance> 0.0046 Error Bearing> S 22041'09" E
Closure Precision> 1 in 128038.0 Total Distance> 590.78
8,578 SQ. FT.
0.197 ACRES
Bearing Distance
EXHIBIT "A"
MARY'S CREEK FORCE MAIN SECTION 2
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT
PARCEL NO. 59 TCE
J.B. FOSTER SURVEY, ABSTRACT NO. 520
CITY OF BENBROOK, TARRANT COUNTY, TEXAS
Being a Variable Width Temporary Construction Easement situated in the J.B. Foster Survey,
Abstract No. 520, City of Benbrook, Tarrant County, Texas, and being a portion of a called 0.9267
acre tract of land conveyed to Ronald J. Miller as recorded in Instrument No. D222072446 of the
Official Public Records of Tarrant County, Texas, said Variable Width Temporary Construction
Easement being more particularly described by metes and bounds as follows:
BEGINNING at a calculated point for corner in the northeast line of said called 0.9267 acre tract
of land and the southwest line of Block 1 of Radio & Television Commission an addition to the
City of Benbrook as recorded in Cabinet 388-162, Slide 7 of the Plat Records of Tarrant County,
Texas, said calculated point being the east corner of a 20-Foot Wide Temporary Construction
Easement Middle and having a grid coordinate of N=6,937,102.477 and E=2,292,284.887; from
which a 5/8 inch iron rod with cap stamped (illegible) found for the north corner of said called
0.9267 acre tract of land and the west corner of said Block 1 bears North 41 degrees 09 minutes
32 seconds West, a distance of 64.61 feet, said 5/8 inch iron rod with cap stamped (illegible)
being in the southeast line of Winscott Road (variable width right-of-way);
THENCE South 41 degrees 09 minutes 32 seconds East, with the northeast line of said called
0.9267 acre tract of land and the southwest line of said Block 1, a distance of 17.90
feet to a 5/8 inch iron rod with cap stamped "PROLINE" found for corner in the
northeast line of said called 0.9267 acre tract of land and the southwest line of said
Block 1;
THENCE South 28 degrees 06 minutes 26 seconds East, with the northeast line of said called
0.9267 acre tract of land and the southwest line of said Block 1, a distance of 2.72 feet
to a calculated point for corner;
THENCE South 37 degrees 08 minutes 39 seconds West, a distance of 287.07 feet to a
calculated point for corner in the southeast line of said called 0.9267 acre tract of land
and the northwest line of a tract of land conveyed to Union Pacific Railroad as recorded
in Volume 13215, Page 130 of the Deed Records of Tarrant County, Texas;
THENCE North 59 degrees 47 minutes 27 West, passing at a distance of 45.70 feet, a calculated
point for corner in the southeast line of a Permanent Sanitary Sewer Easement
conveyed to the City of Fort Worth as recorded in Instrument No. D206234215 of said
Official Public Records of Tarrant County, Texas, in all, a distance of 58.10 feet to a
calculated point for corner in the northwest line of said called 0.9267 acre tract of land
and the southeast line of said Winscott Road;
Exhibit A Page 1 of 2
THENCE North 30 degrees 21 minutes 06 seconds East, with the northwest line of said called
0.9267 acre tract of land, the northwest line of said Permanent Sanitary Sewer
Easement conveyed to the City of Fort Worth, and the southeast line of said Winscott
Road, a distance of 46.69 feet to a calculated point for the west corner of said Variable
Width Permanent Sanitary Sewer Easement;
THENCE South 55 degrees 15 minutes 08 seconds East, passing at a distance of 12.32 feet, a
calculated point for corner in the southeast line of said Permanent Sanitary Sewer
Easement conveyed to the City of Fort Worth, in all, a distance of 43.23 feet to a
calculated point for the south corner of said 20-Foot Wide Temporary Construction
Easement Middle;
THENCE North 37 degrees 08 minutes 39 seconds East, with the southeast line of said 20-Foot
Wide Temporary Construction Easement Middle, a distance of 250.68 feet to the
POINT OF BEGINNING, and containing 0.176 acres or 7,647 square feet of land, of
which 570 square feet lies within the limits of said Permanent Sanitary Sewer
Easement conveyed to the City of Fort Worth, leaving a net area of 7,077 square feet
or 0.163 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.
Date: August 05, 2024
Revised: August 12, 2024
Revised: August 16, 2024
0 F
�. SSTT'E;"?-
RICHARD KENNEDY
5527
SUR`l�
Richard Kennedy
Registered Professional Land Surveyor
No. 5527
Gorrondona & Associates, Inc.
Texas Firm No. 10106900
Exhibit A Page 2 of 2
e
SURv V�
B• �0SC RNo 520
ABsjo-
VAR
PERM
SEW
WINSCOTT ROAD
(VARIABLE WIDTH RIGHT-OF-WAY)
20-FOOT WIDE I
TEMPORARY CONSTRUCTION
EASEMENT MIDDLE
SEE
DETAIL "B"
PERMANENT SANITARY SEWER
EASEMENT
CITY OF FORT WORTH �•
INSTRUMENT NO. D206234215 4
/ O.P.R.T.C.T. /
EXHIBIT „B 99
PARCEL No. 59 TCE
FND 5/8" CAPPED IRON
ROD (BUSTED CAP)
FND 5/8" CAPPED
IRON ROD (PROLINE)
1
IABLE WIDTH
ANENT SANITARY ,
ER EASEMENT
Av"
i / C_ .::::::.
/.... ZA3
tf :::;/ '
C2
... '�r
E
/
/
100 50 0 100
SCALE IN FEET
5
PP 1' t• /
uN�J
1pV /
/
/
n $LOCK EVISION
[GR,ID C ORATE OJ)IO 8" MI S10 uDe
=6937,102.477 C� -162.=2,292.284.887 Claw 3p 0
1 C3'
SEE
r DETAIL "A"
VARIABLE WIDTH
TEMPORARY
CONSTRUCTION
EASEMENT
7,077 SQ. FT. OR
0.163 ACRES
(NET AREA)
CALLED 0.9267 ACRES /
RONALD J. MILLER /
INSTRUMENT No. 1)1222072446 /
O.P.R.T.C.T.
/
/ DETAIL "B"
/ NOT TO SCALE
iPASSING'
.� .....,........
�........'::: .. . . ....r.
,................
.�...............�
I
PASSING
REVISED: AUGUST 16, 2024 I O 45•70
REVISED: AUGUST 12, 2024
FoRTWORTH City of Fort worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MAR V S CREEK FORCE MAIN SECTION 2
� OF T
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION sTeR F�9
PARCEL NO. 59 TCE I CITY PROD. NO. 10364E-2 Col.. - * OI %u')
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT RICHARD KENNEDY
OWNER: RONALD J. MILLER
SUBDIVISION: N/A �': °P 5527 Qom'
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520 �/L'�cfSS�O
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS
ACQUISITION AREA: 7,077 SQUARE FEET OR 0.163 ACRES (NET AREA)
WHOLE PROPERTY ACREAGE: 40,367 SQUARE FEET OR 0.9267 ACRES (PER DEED) RICHARD KENNE' Y
JOB No. PLUM2201.00 DRAWN BY: NTK CAD FILE: MARYS CREEK-TCE-59-R02.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
N0. 5527 TEXAS FIRM No. 10106900
DATE: AUGUST 05, 2024 EXHIBfT B PAGE 1 OF 2 SCALE: 1" = 100,
GORRONDONA do ASSOCIATES,INC. 2800 N.E. LOOP 820, SU 660 FORT WORTH, TX. 76137 81'/-496-1424 FAX 817-496-1768
- EXHIBIT "B 99
PARCEL No. 59 TCE
LEGEND
5/8" CAPPED IRON ROD STAMPED
® "GORRONDONA & ASSOCIATES"
0 FND MONUMENTATION (SIZE AND TYPE NOTED)
0 CALCULATED POINT
PROPERTY/RIGHT—OF—WAY LINE
— — — — — EXISTING EASEMENT LINE
— — — — — PROPOSED EASEMENT LINE
t SURVEY/ABSTRACT LINE
LINE TABLE
L-1
N
41'09'32"W
64.61'
L-2
S
41'09'32"E
17.90'
L-3
S
28'06'26"E
2.72'
L-4
N
59'47'27"W
58.10'
L-5
N
30'21'06"E
46.69'
L-6
S
55"15'08"E
43.23'
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS
SHOWN ARE SURFACE
REVISED: AUGUST 16, 2024
REVISED: AUGUST 12, 2024
DETAIL "A"
NOT TO SCALE
1P.O.B.1
SUBJECT TRACT &
LOCATION OF EASEMENT
oar WORT City of Fort Worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MAR V S CREEK FORCE MAIN SECTION 2 OF
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION �Q���STeR
PARCEL NO. 59 TCE I CITY PROJ. N0. 103648-2 [�;
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT RICHARD KENNEDY
OWNER: RONALD J. MILLER
SUBDIVISION: N/A °p 5527 Q`<' Q--
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS UR`IF'
ACQUISITION AREA: 7,077 SQUARE FEET OR 0.163 ACRES (NET AREA)
WHOLE PROPERTY ACREAGE: 40,367 SQUARE FEET OR 0.9267 ACRES (PER DEED) NluHARD KENN Y
JOB No. PLUM2201.00 DRAWN BY: NTK CAD FILE: MARYS CREEK—TCE_59—R02.DWG REGISTERED PROFESSIONAL FIRM
LAND SURVEYOR
N0. 5527 TEXAS FlRM No. 10106900
DATE: AUGUST 05, 2024 HIF3ff B PAGE 2 OF 2 SCALE: 1" = 150'
GORRONDONA do ASSOCIATES, NC. 2800 N.E. LOOP 820, S 660 FORT WORTH, TX. 76137 0-496-1424 FAX 817--496-1768
Lot Report Fri Jul 26 15:53:01 2024
Lot: TCE 59
Bearing Distance
S 41 °09'32"E 17.90'
S 28006'26"E 2.72'
S 37008'39"W 287.07'
N 59047'27"W 58.10'
N 30021'06"E 46.69'
S 55015'08"E 43.23'
N 37008'39"E 250.68'
Closure Error Distance> 0.0071 Error Bearing> S 77036'25" E
Closure Precision> 1 in 98896.2 Total Distance> 706.40
7,647 SQ. FT.
0.176 ACRES
Bearing Distance
EXHIBIT "A"
MARY'S CREEK FORCE MAIN SECTION 2
20-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT MIDDLE
PARCEL NO. 59 TCEM
J.B. FOSTER SURVEY, ABSTRACT NO. 520
CITY OF BENBROOK, TARRANT COUNTY, TEXAS
Being a 20-Foot Wide Temporary Construction Easement Middle situated in the J.B. Foster
Survey, Abstract No. 520, City of Benbrook, Tarrant County, Texas, and being a portion of a called
0.9267 acre tract of land conveyed to Ronald J. Miller as recorded in Instrument No. D222072446
of the Official Public Records of Tarrant County, Texas, said 20-Foot Wide Temporary
Construction Easement Middle being more particularly described by metes and bounds as
follows:
BEGINNING at a calculated point for corner in the northeast line of said called 0.9267 acre tract
of land and the southwest line of Block 1 of Radio & Television Commission an addition to the
City of Benbrook as recorded in Cabinet 388-162, Slide 7 of the Plat Records of Tarrant County,
Texas, said calculated point being the east corner of a Variable Width Permanent Sanitary Sewer
Easement, and having a grid coordinate of N=6,937,117.854 and E=2,292,271.445; from which
a 5/8 inch iron rod with cap stamped (illegible) found for the north corner of said called 0.9267
acre tract of land and the west corner of said Block 1 bears North 41 degrees 09 minutes 32
seconds West, a distance of 44.18 feet, said 5/8 inch iron rod with cap stamped (illegible) being
in the southeast line of Winscott Road (variable width right-of-way);
THENCE South 41 degrees 09 minutes 32 seconds East, with the northeast line of said called
0.9267 acre tract of land and the southwest line of Block 1, a distance of 20.43 feet to
a calculated point being the north corner of a Variable Width Temporary Construction
Easement and from which a 5/8 inch iron rod with cap stamped "PROLINE" found for
an angle point of said Block 1 bears South 41 degrees 09 minutes 32 seconds East,
a distance of 17.90 feet;
THENCE South 37 degrees 08 minutes 39 seconds West, with the northwest line of said
Temporary Construction Easement, a distance of 250.68 feet to a calculated point for
corner being an internal ell corner for said Variable Width Temporary Construction
Easement;
THENCE North 55 degrees 15 minutes 08 seconds West, with the southerly northeast line of
said Variable width Temporary Construction Easement, a distance of 20.02 feet to a
calculated point for corner in the southerly northeast line of said Variable Width
Temporary Construction Easement and the south corner of a Variable Width
Permanent Sanitary Sewer Easement;
THENCE North 37 degrees 08 minutes 39 seconds East, with the southeast line of said Variable
Width Permanent Sanitary Sewer Easement, a distance of 255.66 feet to the POINT
OF BEGINNING, and containing 0.116 acres or 5,064 square feet of land, more or
less.
Exhibit A Page 1 of 2
. --
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.
Date: July 25, 2024
Revised: August 12, 2024
Revised: August 16, 2024
Revised: August 22, 2024
Richard Kennedy
Registered Professional Land
No. 5527
Gorrondona & Associates, Inc
Texas Firm No. 10106900
RICHARD KENNEDY
4
5527 �P\` O�
SURN�_"Aj
Surveyor
Exhibit A Page 2 of 2
EXHIBIT "B "
PARCEL No. 59 TCEM
LpCB 1 VISION
FND 5/8- CAPPED IRON P• Q.B. B TELE
ROD (BUSTED CAP) NRI6 300RDI.854 W10O�rjISSIOSuoE
/ E=2.292.271.445 CP�1N� 3P RT1�T
SSER SUR52o/IRONDRODB(P OL NE) PED `\, ��
J •g • O lr ` O • WD
PERMANENT AN TARY L-3
PgS�RP SEWER EASEMENT
FND 5/8• CAPPED �
IRON ROD (PROLINE) /
WINSCOTT ROAD
(VARIABLE WIDTH RIGHT—OF—WAY)
VARIABLE IDTH
20—FOOT IDE j �0_:::/o� / TEMPORARY
hj / CONSTRUCTION
TEMPORARY CONSTRUCTION j �."''�� / EASEMENT
EASEMENT MIDDLE
5,064 SQ. FT. OR , ly CALLED 0.9267 ACRES
0.116 ACRES // y / RONALD J. MILLER /
INSTRUMENT No. D222072446 /
O.P.R.T.C.T.
PERMANENT SANITARY SEWER
MENT
CITY OF FORT WORTH
INSTRUMEO.P R..T.0 T06234215 \ON
4'v ID
/ -4 '
100 50 0 100
REVISED: AUGUST 22, 2024
REVISED: AUGUST
SCALE IN FEET I REVISED: AUGUST 12, 2024
orwoRr City of Fort Worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MAR Y' S CREEK FORCE MAIN SECTION 2
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION
PARCEL NO. 59 TCEM I CITY PROJ. NO. 103648-2
20—FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT MIDDLE RICHARD KENNEDY
OWNER: RONALD J. MILLER
SUBDIVISION: N/A ;°p 5527 Qom:
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS
ACQUISITION AREA: 5,064 SQUARE FEET OR 0.116 ACRES - J
WHOLE PROPERTY ACREAGE: 40,367 SQUARE FEET OR 0.9267 ACRES (PER DEED) KIL HARD KENNEDY
JOB No. PLUM2201.00 �DRAWN BY: NTK I CAD I MARYS CREEK—TCEM_59—R02.DWG REGISTERED PROFESSIONAL LAND SURVEYOR I1ffE N0. 5527 TEXAS FIRM No. 10106900 =
DATE: JULY 26, 2024 EXHIBIT B PAGE 1 OF 2 SCALE: 1" = 100•
GORRONDONA do ASSOCIATES, NC. • 2800 N.E. LOOP 820, SU 660 FORT WORTH, TX. 76137 • 0-496-1424 FAX 817-496-1768
EXHIBIT „B „
PARCEL No. 59 TCEM
LEGEND
5/8" CAPPED IRON ROD STAMPED
® "GORRONDONA & ASSOCIATES"
0 FND MONUMENTATION (SIZE AND TYPE NOTED)
0 CALCULATED POINT
PROPERTY/RIGHT-OF-WAY LINE
- - - - - EXISTING EASEMENT LINE
- - - - - PROPOSED EASEMENT LINE
SURVEY/ABSTRACT LINE
LINE TABLE
L-1
N 41'09'32"W
44.18' 1
L-2
S 41'09'32"E
20.43'
L-3
S 41'09'32"E
17.90'
L-4
N 55'15'08"W
20.02'
i
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS
SHOWN ARE SURFACE
SUBJECT TRACT &
LOCATION OF EASEMENT
REVISED: AUGUST 22, 2024
REVISED: AUGUST 16, 2024
REVISED: AUGUST 12, 2024
FoRTWORTH City of Fort Worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MAR Y' S CREEK FORCE MAIN SECTION 2
�F Tc�
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION
PARCEL NO. 59 TCEM 1 CITY PROD. NO. 103648-2
(jP�'O��fRFO+-7
20-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT MIDDLE
RICHARD KENNEDY
OWNER: RONALD J. MILLER
SUBDIVISION: N/A
°: °,p 5527 P� ;
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS
UR`��'
ACQUISITION AREA: 5,064 SQUARE FEET OR 0.116 ACRES
\`
\` J
WHOLE PROPERTY ACREAGE: 40,367 SQUARE FEET OR 0.9267 ACRES (PER DEED)
KICHARD KENNE Y
JOB No. PLUM2201.00
I DRAWN BY: NTK
I CAD FILE: MARYS CREEK—TCEM_59_R02.DWG
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5527 TEXAS FIRM No. 10106900
DATE: JULY 26, 2024 II
EXHIBIT B PAGE 2 OF 2 J
SCALE: 1" = 150'
do ASSOCIATES, GORRONDONA NC. • 2800 N.E. LOOP 820, S
ITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768
Lot Report Mon Jul 29 15:37:01 2024
Lot: TCEM 59
Bearing Distance
S 41 °09'32"E 20.43'
S 37008'39"W 250.68'
N 55015'08"W 20.02'
N 37008'39"E 255.66'
Closure Error Distance> 0.0034 Error Bearing> N 70028'32" W
Closure Precision> 1 in 160296.9 Total Distance> 546.79
5,064 SQ. FT.
0.116 ACRES
Bearing Distance
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/12/25 M&C FILE NUMBER: M&C 25-0694
LOG NAME: 21CONDEMN 103648 P 59 MARYS CREEK FORCE MAIN - MILLER
SUBJECT
(CD 3) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire .156 Acres in Permanent Easement and Approximately .279
Acres for a Temporary Construction Easement Interest from Real Property Owned by Ronald J. Miller, Located at 335 Winscott Road, Benbrook,
Tarrant County, Texas in the J.B. Foster Survey, Abstract No. 520, City of Benbrook, Tarrant County, Texas, for the Mary's Creek Force Main
Project
RECOMMENDATION:
It is recommended that the City Council:
Declare that negotiations between the City and the property owner to acquire .156 acres permanent easement and approximately .279
acres for a temporary construction easement interest from real property owned by Ronald J. Miller, Located at 335 Winscott Road, Texas in
the J.B. Foster Survey, Abstract No. 520, City of Benbrook, Tarrant County, Texas, for the Mary's Creek Force Main Project;
Declare the necessity to acquire the described property interest for the Mary's Creek Confluence Lift Station project (City Project No.
103648);
Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the
property owner;
Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and
Authorize the City Manager or his designee to accept and record the appropriate instruments.
DISCUSSION:
The purpose of this Mayor and City Council Communication is to recommend that the City Council authorize the purchase of land of the Mary's
Creek Force Main project, (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 for 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 Permanent Sewer easement and Temporary Construction Easement
Acquisition in the total amount of $107,995.00. 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 Permanent Sewer Easement
and Temporary Construction Easement Interest on the property.
Improved Subject Property
Parc
No. el Legal Description Acreage / Property Interest
.156 Acres / Permanent Easement
J. B. FOSTER SURVEY, ABSTRACT NO. 520, CITY OF BENBROOK, TARRANT COUNTY, Interest
59 TEXAS
279 Acres/ Temporary Easement
Interest
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 .156 acres of land in
Permanent Easement and approximately .279 acres for a Temporary Easement Acquisition from real property owned by Ronald J. Miller. The
subject property is located at 335 Winscott Road, in the J.B. Foster Survey, Abstract No. 520, City of Benbrook, Tarrant County, Texas. The land
rights in the subject property are needed for the Mary's Creek Force Main, 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 / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Water & Sewer Bond
2017A Fund for the MC LS Site & FM Align project to support approval of the above recommendations and acquisition of easements. 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 Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Marilyn Marvin 7708
Additional Information Contact: