HomeMy WebLinkAboutResolution 6166-09-2025A Resolution
NO. 6166-09-2025
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 September 16, 2025, in M&C 25-0875, ordered and decreed that a public
necessity existed to acquire 0.565 acres of land in Permanent Sewer Easement and approximately 0.714 acres for a
Temporary Construction Easement from Real Property Owned by the Wilmax FW Multi -Family LP, Located at 5401
Benbrook Boulevard, 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, Wilmax FW
Mulit-Family LP, 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 16' day of September 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 0.565 acres of land in Permanent Easement and approximately 0.714 acres
for a Temporary Easement Acquisition from real property owned by Willmax FW Multi -Family LP. The
subject property is located at 5401 Benbrook Boulevard, 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."
Seconded by Councilmember Peoples, 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 16th day of September 2025
ATTEST:
By:
Jannette S. Goodall, City Secretary
EXHIBIT "A"
MARY'S CREEK FORCE MAIN SECTION 2
35-FOOT WIDE PERMANENT SANITARY SEWER EASEMENT
PARCEL NO. 61 PSSE
J.B. FOSTER SURVEY, ABSTRACT NO. 520
CITY OF BENBROOK, TARRANT COUNTY, TEXAS
Being a 35-Foot Wide Permanent Sanitary Sewer Easement situated in the J.B. Foster Survey,
Abstract No. 520, City of Benbrook, Tarrant County, Texas, and being a tract of land conveyed to
Willmax FW Multi -Family, L.P. as recorded in Instrument No. D225025742 of the Official Public
Records, of Tarrant County, Texas, said 35-Foot Wide Permanent Sanitary Sewer Easement
being more particularly described by metes and bounds as follows:
COMMENCING at a 1 inch iron rod found for the northwest corner of said Willmax tract of land,
said 1 inch iron rod being in the east line of US 377 (Variable Width Right -of -Way); THENCE
North 82 degrees 26 minutes 16 seconds East, with the north line of said Willmax tract of land
and south line of said US 377, passing at a distance of 35.21 feet, a 1/2 inch iron rod (laid over),
in the north line of said Willmax tract, and in the east line of said US 377, said 1/2 inch iron rod
being the southwest corner of that certain tract of land conveyed to Robert Pulido, as recorded in
Volume 8565, Page 2240 of the Deed Records of Tarrant, County, Texas, in all, a total distance
of 240.58 feet to a calculated point for the POINT OF BEGINNING, said calculated point having
a grid coordinate of N= 6,938,092.388 and E= 2,290,475.522, in the south line of said Pulido tract;
THENCE North 82 degrees 26 minutes 16 seconds East, with the north line of said Willmax tract
of land and the south line of said Pulido tract of land, a distance of 60.63 feet to a
calculated point for corner;
THENCE South 62 degrees 18 minutes 00 seconds East, a distance of 138.67 feet to a
calculated point for corner, said calculated point being in the east line of said Willmax
tract of land and the west line of Block 2 of Z Boaz Park South, an addition to the City
of Benbrook, as recorded in Cabinet A, Slide 211 of the Plat Records of Tarrant
County, Texas;
THENCE South 01 degrees 14 minutes 06 seconds East, with the east line of said Willmax tract
and the west line of said Block 2, a distance of 572.47 feet to a calculated point for
corner;
THENCE North 56 degrees 08 minutes 51 seconds West, with the north line of a 20-Foot Wide
Temporary Construction Easement Middle, a distance of 42.78 feet to a calculated
point for corner;
THENCE North 01 degrees 14 minutes 06 seconds West, with the east line of said 20-Foot Wide
Temporary Construction Easement Middle, a distance of 527.23 feet to a calculated
point for corner;
THENCE North 62 degrees 18 minutes 00 seconds West, with the northeast line of a 20-Foot
Wide Temporary Construction Easement Middle, a distance of 167.54 feet to the
POINT OF BEGINNING, and containing 24,606 square feet or 0.565 acres 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 10, 2024
Revised: August 6, 2024
Revised: August 16, 2024
Revised: February 25, 2024
Richard Kennedy
Registered Professional Land
No. 5527
Gorrondona & Associates, Inc
Texas Firm No. 10106900
RICHARD--KENNEDY
5527 Per Qz-
i 'O,C SS Off: �O
\� S U R`i
Surveyor
Exhibit A Page 2 of 2
EXHIBIT "B "
PARCEL No. 61 PSSE
P.O.B.
N=6,938,092.388 ROBERT PULIDO
P. 0. C. E=2,290,475.522 VOLUME 8565, PAGE 2240
FND 1"
L ( D.R.T.C.T.�
IRON ROD 'r
35.21' r r '.......:.:�
240.58' " �. \2
N BT2616 E �� `` ::::::{{: .
FND 1 /2" IRON ROD
(LAID OVER) 35-FOOT WIDE
PERMANENT SANITARY
SEWER EASEMENT
24,606 SQ. FT. OR
20-FOOT WIDE 0.565 ACRES
(TEMPORARY CONSTRUCTION I
EASEMENT
IZ[ U)
of o
WILLMAX FW MULTI -FAMILY, L.P. k oCK 2
f2��
000
INSTRUMENT NO. D225025742 lO�.::.:-.: c 13L 5
O.P.R.T.C.T. 0)... ::: O) BOAZ pA R Su o
I �:::-::: m Z GAB\N P.RT•GS
4 B F p5� N o, 52
NIB
20-FOOT WIDE 4;.:.
;.
TEMPORARY .
CONSTRUCTION EASEMENT i 1
MIDDLE I ji
i
L-3��
l ry L4
I � J
w�
N 0
150 75 0 150 m
REVISED: FEBRUARY 25, 2025
FND 1/2" IRON ROD REVISED: AUGUST 16, 2024
SCALE IN FEET REVISED: AUGUST 6, 2024
/
FoRTWORTH City of Fort Worth
200 TEXAS STREET " FORT WORTH, TEXAS 76102
MARY'S CREEK FORCE MAIN SECTION 2
� OF T
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION G�srF :F�
PARCEL NO. 61 PSSE I CITY PROJ. NO. 103648-2 (ij;'��' RF %I
35-FOOT WIDE PERMANENT SANITARY SEWER EASEMENT RICHARD KENNEDY
OWNER: WILLMAX FW MULTI -FAMILY, L.P.
SUBDIVISION: N/A `;°,p 5527 Q� °
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520 -7pFESS1��
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS
ACQUISITION AREA: 24,606 SQUARE FEET OR 0.565 ACRES �� 1
WHOLE PROPERTY ACREAGE: 604,970 SQUARE FEET OR 13.888 ACRES (CALCULATED) RICHARD KENNE Y V
JOB No. PLUM2201.00 �EXHIBINIT
RAWBY: NTK I CAD FILE: MARYS CREEK-PSSE_61_R02.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
N0. 5527 TEXAS FlRM No. 10106900
DATE: JULY 10, 2024 B PAGE 1 OF 2 SCALE: 1" = 150'
GORRONDONA & ASSOCIATES, NC. " 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 • 81'/-496-1424 FAX 817-496-1768
EXHIBIT "B "
PARCEL No. 61 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
SURVEY/ABSTRACT LINE
LINE TABLE
L-1
N 82'26'16"E
60.63'
L-2
S 62'18'00"E
138.67'
j L-3
N 56'08'51 "W
42.78'
L-4
N 62' 18'00"W
167.54'
EASEMENT
LOCATION
NOTES: SUBJECT TRACT &
LOCATION OF EASEMENT
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE REVISED: FEBRUARY 25, 2025
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS REVISED: AUGUST 16, 2024
SHOWN ARE SURFACE. REVISED: AUGUST 6, 2024
orwo�r 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 F TF
PARCEL NO. 61 PSSE CITY PROD. NO. 103648-2
35—FOOT WIDE PERMANENT SANITARY SEWER EASEMENT —
OWNER: WILLMAX FW MULTI —FAMILY, L.P. RICHARD KENNEDY
SUBDIVISION: N/A ' °p 5527 �`' Q:-
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520 �/Ii''�FESS���'
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS .S U F,
ACQUISITION AREA: 24,606 SQUARE FEET OR 0.565 ACRES
WHOLE PROPERTY ACREAGE: 604,970 SQUARE FEET OR 13.888 ACRES (CALCULATED) KIL;HARD KENNr Y
JOB No. PLUM2201.00 I DRAWN BY: NTK P
FILE: MARYS CREEK—PSSE-61—R02.DWG REGISTERED PROFESSIONAL N R LAND SURVEYOR
N0. 5527 TEXAS FIRM No. 10106900
DATE: JULY 10, 2024 EXHIBIT B PAGE 2 OF 2 LE: 1' = 150,
GORRONDONA & ASSOCIATES, INC. 2800 N.E. LOOP 820, SU60 FORTWORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768
Lot Report Wed Jul 10 17:11:21 2024
Lot: PSSE_61
Bearing Distance
N 82"26'16"E 60.63'
S 62018'00"E 138.67'
S 01014'06"E 572.47'
N 56008'51 "W 42.78'
N 01 ° 14'06"W 527.23'
N 62018'00"W 167.54'
Closure Error Distance> 0.0113 Error Bearing> S 87037130" E
Closure Precision> 1 in 133789.0 Total Distance> 1509.32
24,606 SQ. FT.
0.565 ACRES
EXHIBIT "A"
MARY'S CREEK FORCE MAIN SECTION 2
20-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
PARCEL NO. 61 TCE
J.B. FOSTER SURVEY, ABSTRACT NO. 520
CITY OF BENBROOK, TARRANT COUNTY, TEXAS
Being a 20-Foot Wide Temporary Construction Easement situated in the J.B. Foster Survey,
Abstract No. 520, City of Benbrook, Tarrant County, Texas, and being a tract of land conveyed to
Willmax FW Multi -Family, L.P. as recorded in Instrument No. D225025742 of the Official Public
Records, of Tarrant County, Texas, said 20-Foot Wide Temporary Construction Easement being
more particularly described by metes and bounds as follows:
COMMENCING at a 1 inch iron rod found for the northwest corner of said Willmax tract of land,
said 1 inch iron rod being in the east line of US 377 (Variable Width Right -of -Way); THENCE
North 82 degrees 26 minutes 16 seconds East, with the north line of said Willmax tract of land
and south line of said US 377, passing at a distance of 35.21 feet, a 1/2 inch iron rod (laid over),
in the north line of said Willmax tract and in the east line of said US 377, said 1/2 inch iron rod
being the southwest corner of that certain tract of land conveyed to Robert Pulido, as recorded in
Volume 8565, Page 2240 of the Deed Records of Tarrant, County, Texas, in all, a total distance
of 171.29 feet to a calculated point for the POINT OF BEGINNING, said calculated point having
a grid coordinate of N= 6,938,060.731 and E= 2,290,237.063, in the south line of said Pulido tract;
THENCE North 82 degrees 26 minutes 16 seconds East, with the north line of said Willmax tract
of land and the south line of said Pulido tract of land, a distance of 34.65 feet to a
calculated point for corner;
THENCE South 62 degrees 18 minutes 00 seconds East, with the southwest line of a 20-Foot
Wide Temporary Construction Easement Middle, a distance of 184.03 feet to a
calculated point for corner;
THENCE South 01 degrees 14 minutes 06 seconds East, with the west line of said 20-Foot Wide
Temporary Construction Easement Middle, a distance of 525.83 feet to a calculated
point for corner;
THENCE South 56 degrees 08 minutes 51 seconds East, with the south line of said 20-Foot
Wide Temporary Construction Easement Middle, a distance of 67.22 feet to a
calculated point for corner in the east line of said Willmax tract of land and the west
line of Block 2 of Z Boaz Park South, an addition to the City of Benbrook, as recorded
in Cabinet A, Slide 211 of the Plat Records of Tarrant County, Texas;
THENCE South 01 degrees 14 minutes 06 seconds East, with the east line of said Willmax tract
of land and the west line of said Block 2, a distance of 24.44 feet to a calculated point
for corner;
THENCE North 56 degrees 08 minutes 51 seconds West, a distance of 91.67 feet to a calculated
point for corner;
THENCE North 01 degrees 14 minutes 06 seconds West, a distance of 524.42 feet to a
calculated point for corner;
Exhibit A Page 1 of 2
THENCE North 62 degrees 18 minutes 00 seconds West, a distance of 200.52 feet to the POINT
OF BEGINNING, and containing 15,939 square feet or 0.366 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: July 10, 2024
Revised: August 6, 2024
Revised: August 16, 2024
Revised: February 25, 2025
RICHARD KENNEDY
� '•.'O,Q 5527 �;` �
Richard Kennedy
Registered Professional Land Surveyor
No. 5527
Gorrondona & Associates, Inc.
Texas Firm No. 10106900
Exhibit A Page 2 of 2
.I EXHIBIT "B "
PARCEL No. 61 TCE
P.O.B.
N=6,938,060.731 ROBERT PULIDO
P. 0. C. E=2,290,237.063 VOLUME 8565, PAGE 2240
FND 1" D.R.T.C.T.
IRON ROD
35.21'
N 82•26'16 E �..:.: �,2 ` 35—FOOT WIDE
�� PERMANENT SANITARY
FND 1/2"IRON ROD 6 SEWER EASEMENT
(LAID OVER)
tr
.Z.:a
20—FOOT WIDE
TEMPORARY CONSTRUCTION
EASEMENT MIDDLE
J a / zI:::k„
cb" WILLMAX FW MULTI —FAMILY, L.P.
INSTRUMENT NO. D225025742 �' �':'-{,ppI ( aLPCRK SOUTH
O.P.R.T.C.T. ��I I� I Z BOA N� A. CjoE 21
Cp9
20—FOOT WIDE ER SURD
TEMPORARY CONSTRUCTION
EASEMENTF�SC"( NO. rJ
15,939 SQ. FT. OR f:::� �' NIBS, N
0.366 ACRES t : A
4
cp0I
cpo
150 75 0 150 °
FND 1/2-IRON ROD REVISED: FEBRUARY 25, 2025
SCALE IN FEET REVISED: AUGUST 16, 2024
REVISED: AUGUST 6, 2024
FORT WORTH City of Fort Worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MARV S CREEK FORCE MAIN SECTION 2
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION
�F rF
PARCEL NO. 61 TCE I CITY PROJ. NO. 103648-2 (O Q O
20—FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
OWNER: WILLMAX FW MULTI —FAMILY, L.P. RICHARD KENNEDY
SUBDIVISION: N/A °,p 5527 Pv` Q�
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS
ACQUISITION AREA: 15,939 SQUARE FEET OR 0.366 ACRES JJJ
WHOLE PROPERTY ACREAGE: 604,970 SQUARE FEET OR 13.888 ACRES (CALCULATED) NICHARD KENNEDY
JOB No. PLUM2201.00 I DRAWN BY: NTK I CAD FILE: MARYS CREEILTCE_61_R02.DWG (REGISTERED PROFESSIONAL LAND SURVEYOR
N0. 5527 TEXAS FIRM No. 10106900
DATE: JULY 10, 2024 EXHIBIT B PAGE 1 OF 2 SCALE: 1" = 150'
GORRONDONA do ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 560 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768
EXHIBIT „B ;;
PARCEL No. 61 TCE
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
SURVEY/ABSTRACT LINE
LINE TABLE
I,
L-1
N82'26'16"E
34.65'
L-2
S62' 18'00"E
184.03'
L-3
S56'08'51 "E
67.22'
L-4
S01' 14'06"E
24.44'
L-5
N56'08'51 "W
91.67'
L-6
N62'18'00"W
200,52'
EASEMENT
__,-LOCATION
i
NOTES: SUBJECT TRACT &
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. LOCATION OF EASEMENT
2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS REVISED: FEBRUARY 25, 2025
SHOWN ARE SURFACE. REVISED: AUGUST 16, 2024
REVISED: AUGUST 6, 2024
FoRTWORTH City of Fort Worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MAR Y' S CREEK FORCE MAIN SECTION 2
OF
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION �E T�
�Q'. •� � 1 STFR •.,.�
PARCEL NO. 61 TCE I CITY PROJ. NO. 103648-2
20-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
OWNER: WILLMAX FW MULTI -FAMILY, L.P. RICHARD KENNEDY
SUBDIVISION: N/A °p0 5527
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS
uR�l�'
ACQUISITION AREA: 15,939 SQUARE FEET OR 0.366 ACRES \'
WHOLE PROPERTY ACREAGE: 604,970 SQUARE FEET OR 13.888 ACRES (CALCULATED) RICHARD KENNE Y
JOB No. PLUM2201.00 I DRAWN BY: NTK I CAD FILE: MARYS CREEK—TCE-61—R02.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
J N0. 5527 TEXAS FIRM No. 10106900
DATE: JULY 10, 2024 EXHIBff B PAGE 2 OF 2 SCALE: 1" = 150'
GORRONDONA do ASSOCIATES, INC. 2800 N.E. LOOP 820, S ITE 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768
Lot Report Wed Jul 10 10:38:13 2024
Lot: TCE_61
Bearing Distance
N 82°26' 16"E 34.65'
S 62018'00"E 184.03'
S 01 ° 14'06"E 525.83'
S 56"08'51"E 67.22'
S 01 ° 14'06"E 24.44'
N 56008'51 "W 91.67'
N 01 ° 14'06"W 524.42'
N 62018'00"W 200.52'
Closure Error Distance> 0.0014 Error Bearing> S 22012'58" W
Closure Precision> 1 in 1153493.4 Total Distance> 1652.78
15,939 SQ. FT.
0.366 ACRES
EXHIBIT "A"
MARY'S CREEK FORCE MAIN SECTION 2
20-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT MIDDLE
PARCEL NO. 61 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 tract of land
conveyed to Willmax FW Multi -Family, L.P. as recorded in Instrument No. D225025742 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:
COMMENCING at a 1 inch iron rod found for the northwest corner of said Willmax tract of land,
said 1 inch being in the east line of US 377 (Variable Width Right -of -Way); THENCE North 82
degrees 26 minutes 16 seconds East, with the north line of said Willmax tract of land and south
line of said US 377, passing at a distance of 35.21 feet, a 1/2 inch iron rod (laid over), in the north
line of said Willmax tract, and in the east line of said US 377, said 1/2 inch iron rod being the
southwest corner of that certain tract of land conveyed to Robert Pulido, as recorded in Volume
8565, Page 2240 of the Deed Records of Tarrant, County, Texas, in all, a total distance of 205.93
feet to a calculated point for the POINT OF BEGINNING, said calculated point having a grid
coordinate of N= 6,938,087.829 and E= 2,290,441.180, in the south line of said Pulido tract;
THENCE North 82 degrees 26 minutes 16 seconds East, with the north line of said Willmax tract
of land and the south line of said Pulido tract of land, a distance of 34.65 feet to a
calculated point for corner;
THENCE South 62 degrees 18 minutes 00 seconds East, with the southwest line of a 35-Foot
Wide Permanent Sanitary Sewer Easement, a distance of 167.54 feet to a calculated
point for corner;
THENCE South 01 degrees 14 minutes 06 seconds East, with the west line of said 35-Foot Wide
Permanent Sanitary Sewer Easement, a distance of 527.23 feet to a calculated point
for corner;
THENCE South 56 degrees 08 minutes 51 seconds East, with the south line of 35-Foot Wide
Permanent Sanitary Sewer Easement, a distance of 42.78 feet to a calculated point
for corner in the east line of said Willmax tract of land and the west line of Block 2 of
Z Boaz Park South, an addition to the City of Benbrook, as recorded in Cabinet A,
Slide 211 of the Plat Records of Tarrant County, Texas;
THENCE South 01 degrees 14 minutes 06 seconds East, with the east line of said Willmax tract
of land and the west line of said Block 2, a distance of 24.44 feet to a calculated point
for corner;
THENCE North 56 degrees 08 minutes 51 seconds West, with the northeast line of a 20-Foot
Wide Temporary Construction Easement, a distance of 67.22 feet to a calculated point
for corner;
Exhibit A Page 1 of 2
THENCE North 01 degrees 14 minutes 06 seconds West, with the west line of said 20-Foot Wide
Temporary Construction Easement, a distance of 525.83 feet to a calculated point for
corner;
THENCE North 62 degrees 18 minutes 00 seconds West, with the north line of said 20-Foot
Wide Temporary Construction Easement, a distance of 184.03 feet to the POINT OF
BEGINNING, and containing 15,148 square feet or 0.348 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: duly 10, 2024
Revised: August 6, 2024
Revised: August 9, 2024 �E OF
Revised: August 16, 2024?�i;�EpFo
Revised: February 25, 2024
RICHARD KENNEDY
0 5527 d
S U
Richard Kennedy
Registered Professional Land Surveyor
No. 5527
Gorrondona & Associates, Inc.
Texas Firm No. 10106900
Exhibit A Page 2 of 2
P. 0. C.
FND 1"
IRON ROD
EXHIBIT _"B 99
PARCEL No. 61 TCEM
P. 0. B.
N=6,938,087.829 ROBERT PULIDO
E=2,290,441.180 VOLUME 8565, PAGE 2240
D.R.T.C.T.
35.21' `::.... \
205-93
N 82 26' 16 E 35-FOOT WIDE
PERMANENT SANITARYI
FND 1/2-IRON ROD SEWER EASEMENT
(LAID OVER)::.)
20-FOOT WIDE
TEMPORARY CONSTRUCTION I :i
EASEMENT ff
IZ1 N
01: i 0
2
HLOC'( SpUTH
�4t'jm I Z 0,4z
P NEARSCDE 21
p.
WILLMAX FW MULTI -FAMILY, L.P.
INSTRUMENT NO. D225025742 I (r
O.P.R.T.C.T. i I v URv E 1
WE �w i F )sjERNo 520
R P85l R P
20-FOOT WIDE
TEMPORARY CONSTRUCTION
EASEMENT MIDDLE I
15,148 SQ. FT. OR I 1' 1
0.348 ACRES �L-3
(S
`I
�I
oC�
00
50 7� I �' REVISED: FEBRUARY 25, 2025
REVISED: AUGUST 16, 2024
FND 1/2-IRON ROD REVISED: AUGUST 9, 2024
SCALE IN FEET REVISED: AUGUST 6, 2024
oRT WoRm City of Fort Worth
200 TEXAS STREET - FORT WORTH, TEXAS 76102
MARTS CREEK FORCE MAIN SECTION 2
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION F
C,\ST PARCEL NO. 61 TCEM I CITY PROJ. NO. 103648-2
20-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT MIDDLE C RICHARD KENNEDY
OWNER: WILLMAX FW MULTI -FAMILY, L.P.
SUBDIVISION: N/A ` °p 5527 Q"
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520 �iL''O'cESS���'
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS ,S'URJ<l
ACQUISITION AREA: 15,148 SQUARE FEET OR 0.348 ACRES
WHOLE PROPERTY ACREAGE: 604,970 SQUARE FEET OR 13.888 ACRES (CALCULATED) NICHARD KENNE Y ,
JOB No. PLUM2201.00 DRAWN BY: NTK CAD FILE: MARYS CREEK_TCEM_61_R03.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5527 TEXAS FIRM No. 10106900
DATE: JULY 10, 2024 FxHIB B PAGE 1 OF 2
SCALE: 1" = 150'
GORRONDONA k ASSOCIATES, INI. •%OO N.E. LOOP 820, SU 660 FORT WORTH, TX. 76137 • 817-496-1424 FAX 817-496-1768
EXHIBIT "B "
PARCEL No. 61 TCEM
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
r— SURVEY/ABSTRACT LINE
LINE TABLE
L-1
N
82'26'16"E
34.65' 1
L-2
S
62' 18'00"E
167.54'
L-3
S
56'08'51 "E
42.78'
L-4
S
01' 14'06"E
24.44'
L-5
N
56'08'51 "W
67.22'
L-6
N
62'18'00"W
184.03'
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.
EASEMENT
LOCATION
SUBJECT TRACT &
LOCATION OF EASEMENT
REVISED: FEBRUARY 25, 2025
REVISED: AUGUST 16, 2024
REVISED: AUGUST 9, 2024
REVISED: AUGUST 6, 2024
FORT WORTH City of Fort Worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
MARY'S CREEK FORCE MAIN SECTION 2
WALNUT CREEK LIFT STATION TO CONFLUENCE LIFT STATION �� OF Tc`
PARCEL NO. 61 TCEM I CITY PROJ. NO. 103648-2 �PQ4G` eRFo .-7
20-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT MIDDLE RICHARD KENNEDY
OWNER: WILLMAX FW MULTI -FAMILY, L.P. -
SUBDIVISION: N/A `: °p 5527
SURVEY: J.B. FOSTER SURVEY, ABSTRACT NO. 520 �iO •. fSS�,.: ��
LOCATION: CITY OF BENBROOK, TARRANT COUNTY, TEXAS 7 up
ACQUISITION AREA: 15,148 SQUARE FEET OR 0.348 ACRES
WHOLE PROPERTY ACREAGE: 604,970 SQUARE FEET OR 13.888 ACRES (CALCULATED) HICHARD KENNEDY
JOB No. PLUM2201.00 DRAWN BY: NTK CAD FILE: MARYS CREEK_TCE11-61—R03.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
N0. 5527 TEXAS FIRM No. 10106900
DATE: JULY 10, 2024 EXHI_RIT R PAGF I OF o S LE: 1" = 150'
GORRONDONA do ASSOCIATES, INC. 2800 N.E.�LOOP 820, SUITE 660 FORT WORTH, TX. 76137 8*-496-1424 FAX 817-496-1768
Lot Report Wed Jul 10 15:48:54 2024
Lot: TCEM 61
Bearing Distance
N 82026'16"E 34.65'
S 62018'00"E 167.54'
S 01 ° 14'06"E 527.23'
S 56008'51 "E 42.78'
S 01 ° 14'06"E 24.44'
N 56008'51 "W 67.22'
N 01014'06"W 525.83'
N 62018'00"W 184.03'
Closure Error Distance> 0.0104 Error Bearing> S 56018'42" W
Closure Precision> 1 in 151714.0 Total Distance> 1573.72
15,148 SQ. FT.
0.348 ACRES
N
CPN 103648 P61 WILLMAX
5401 Benbrook BLVD W E
Condemnation Map
Council District No 3
Benbrook, TX 7626
M
*Location of Boundary
is Approximate
P61 PSSE = 0.565 Acres
P61 TCE = 0.714 Acres
= Project Site
=4RT WORTH@
s, n�(DNQ
This map has been created by City of Fort Worth 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 features. Unauthorize
reproduction is a violation of applicable laws.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/16/25 M&C FILE NUMBER: M&C 25-0875
LOG NAME: 21CONDEMN 103648 P 61 MARYS CREEK FORCE MAIN - WILLMAX
SUBJECT
(CD 3) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.565 Acres in Permanent Easement and Approximately
0.714 Acres for a Temporary Construction Easement Interest from Real Property Owned by Willmax FW Multi -Family LP, Located at 5401
Benbrook Boulevard, 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:
1. Declare that negotiations between the City of Fort Worth and the property owner to acquire 0.565 acres permanent easement and
approximately 0.714 acres for a temporary construction easement interest from real property owned by Willmax FW Multi -Family LP, located
at 5401 Benbrook Boulevard, Benbrook, in the J.B. Foster Survey, Abstract No. 520, City of Benbrook, 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 purpose of this Mayor and City Council Communication (M&C) is to recommend that the City Council authorize the condemnation by eminent
domain to acquire 0.565 acres permanent easement and approximately 0.714 acres for a temporary construction easement interest from real
property owned by Willmax FW Multi -Family LP, located at 5401 Benbrook Boulevard, Texas in the J.B. Foster Survey, Abstract No. 520, City of
Benbrook, Tarrant County, Texas for 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 $262,508.00. 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 Permanent Sewer Easement
and Temporary Construction Easement Interest on the property.
Improved Subject Property
PNrocel I Legal Description I Acreage / Property Interest
0.565 Acres / Permanent Easement
J. B. FOSTER SURVEY, ABSTRACT NO.520, CITY OF BENBROOK, TARRANT COUNTY, Interest
61 TEXAS
0.714 Acres/ Temporary Easement
Interest
i o approve tnis M&U, 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 0.565 acres of land in
Permanent Easement and approximately 0.714 acres for a Temporary Easement Acquisition from real property owned by Willmax FW Multi -
Family LP. The subject property is located at 5401 Benbrook Boulevard, 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 Water 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: Stuart Young 2458