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HomeMy WebLinkAbout6242-01-2026 - City Council - ResolutionA Resolution NO. 6242-01-2026 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 January 13, 2026, in M&C 26-0054, ordered and decreed that a public necessity existed to acquire 0.133 acres in Permanent Sewer Facility Easement and 0.204 acres for a temporary construction easement from real property located at 5302 East Belknap Street, being Lot 1, Block 1, of the J.W. Akers Addition, an addition to the City of Haltom City, 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 the Little Fossil Creek at Belknap St. Emergency M-292 Project (the "Proj ect"); - the land rights in the Property are needed for new sewer facility 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 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, DAD -USA Investment, Inc., were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City of Fort Worth; and WHEREAS, on this 13m day of January, 2026, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Martinez, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.133 acres in Permanent Water Easement and 0.204 acres for a temporary construction easement from real property owned by DAD -USA Investment, Inc. The property is needed for the Little Fossil Creek at Belknap St. Emergency M-292 Project, a public use that will enhance sewer service capability. The land rights in the subject property are needed for sewer improvements as necessary. The property is located at 5302 East Belknap Street, being Lot 1, Block 1, of the J.W. Akers Addition, an addition to the City of Haltom City, Tarrant County, Texas. 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 Crain, 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 the 13th day of January ATTEST: By: Jannette S. Goodall, City Secretary 2026 ���FORr & V0, �0Ay 0 0'' �v0 g=d 00 ooa *pd aaa°0000000� a *x i 5-oA' EXHIBIT 'A " 25-TTSA,VITARYSEWER EASEMEAT 5,814SQF7'OR a133ACRES OFI,AND THOMASAA-ERSSURVEY, ABSTRACT2.5 ANDSIMONAAERSSURVEY, ARSTR4CT-17 CITYOFHALTOMC=,, TARRAATCOUA77-, TEXAS 1/2 CIRF PARCEL 1 SSE "OLD TOWN / SURVEYING" Rs SURv� 11 $ -MAG NAIL LOT I-R \ s00O R J.W ABERS ADDITION LINE TABLE CAB. A, SLIDE 5471 / V Q INST. NO. D220129263 -A P.R.TC.T. I LINE # BEARING LENGTH i/2 IRF L1 N00°14'59"W 197.89' L2 N42°26'07"W 25.54' x-CUT / I L3 S49°27'00"W 25.00' o v N O rn �G I L4 S42°26'07"E 34.36' o / I L5 S00°14'59"E 207.32' o LOT IA, BLOCK 3 �\ / I L6 S89°15'40"W 25.00' J.W. AKERS SUBDIVISION INST. NO. D 195225037 D.P.R.T.C.T. / I L7 S49°27'00"W 20.1 V o L0 \ \ � J / J I L8 S49°27'00"W 47.25' J \ / m \ / 25' SANITARY SEWER EASEMENT w \ a / 5,814 SQUARE FEET C \ OR 0.133 ACRES 10' HALTOM CITY —"� \ WATER EASEMENT -INST. D77,9508687 O.P. R.T.C.T.\ \ APPROXIMATE LOCATION SURVEY LINE I 0. T.C.T. \ — 112 CIRF — — — — — L6 — ol POB Rs MIDWAY ROAD — — — — Nn N No 25 z (CALLED 60' RIGHT-OF-WAY) yaO A w w LEGEND: Z POB POINT OF BEGINNING / J LOT J I w LOT 12 POC POINT OF COMMENCING O o IRF IRON ROD FOUND / / FG QG� BLOCK 1 BLOCK 4 �• G OAKR/DGE (HALTOM CITY) R� x j CM CONTROLLING MONUMENT //��'h Q- VOL. 13OAKRIDGE (HALTOM CITY)83, PG. 368 W U. VOL. 7470, PG. 414 5 Q' P.R.T.C.T. P- _ h--i P. RJ. C. T. NOTES: �jG� 518 IRF PK NAIL Q 1. LEGAL DESCRIPTION OF EVEN DATE z ACCOMPANIES THIS EASEMENT DRAWING. Y � m 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, QF T w NORTH CENTRAL ZONE, HAD '83. ALL F Ln DISTANCES ARE GROUND DISTANCES. `p \ S TF r9 0 60 120 CD l ERIC M. WARD GRAPHIC SCALE IN FEET% °Po�21 a�,P` SUR��� fjkl SHIELD ERIC M. WARD z mw ENGINEERING R.P.L.S. No.6217 TBPELS ENGINEERING #F-11039, SURVEYING #10193890 DATED: 04-09-2025 0 EXHIBIT 'B" LO N o o m Of ¢ 0 z 0 0 0 J J m r m 0 w cn CD 0 w i w 0 N 0 rn rn cn Of cn r z w w w c� z_ 3 0 0 cn D- LO O 0 of 0 Ln a N / H U U z 0 25-PTSA,VI ARYSEWER EASEMENT 5,814SQFTOR a 133 ACRES OFI,4AD THOMASAA-ERS SLRVEY, ABSTRACT2,5 ANDSIMONAAERSSURVEY, ARSTRACT-17 CITYOFHALTOMC=,, TARRAATCOUX77-, TEXAS PARCEL 1 SSE BEING A TRACT OF LAND SITUATED IN THE THOMAS AKERS SURVEY, ABSTRACT NUMBER 25, AND THE SIMON AKERS SURVEY, ABSTRACT NUMBER 17, CITY OF HALTOM CITY, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 1—R, BLOCK 1, J.W. AKERS ADDITION, AN ADDITION TO THE CITY OF HALTOM CITY, TARRANT COUNTY, TEXAS, AS SHOWN ON PLAT THEREOF AND RECORDED IN INSTRUMENT NO. D220129263, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND AT THE COMMON SOUTHWEST CORNER OF SAID LOT 1—R, AND THE SOUTHEAST CORNER OF LOT 1A, BLOCK 3, J.W. AKERS SUBDIVISION, AN ADDITION TO THE CITY OF HALTOM CITY, TARRANT COUNTY, TEXAS AS SHOWN ON PLAT THEREOF AND RECORDED IN INSTRUMENT NO. D195225037, (O.P.R.T.C.T.), AND BEING IN THE NORTH RIGHT —OF— WAY (R.O.W.) OF MIDWAY ROAD ( A CALLED 60—FOOT R.O.W.); THENCE NORTH 00'14'59" WEST, WITH THE COMMON WEST LINE OF SAID LOT 1—R FOR A DISTANCE OF 197.89 FEET TO A POINT. THENCE NORTH 42'26'07" WEST, A DISTANCE OF 25.54 FEET TO A POINT IN THE COMMON NORTH LINE OF SAID LOT 1—R, BLOCK 1 AND THE SOUTH RIGHT—OF—WAY OF EAST BELKNAP STREET (A CALLED 90 FOOT RIGHT—OF—WAY,) FROM WHICH A 1 /2 INCH IRON ROD BEARS SOUTH 49-27'00" WEST 20.11 FEET. THENCE NORTH 49'27'00" EAST, ALONG SAID RIGHT—OF—WAY, A DISTANCE OF 25.01 FEET TO A POINT IN THE COMMON NORTH LINE OF SAID LOT 1—R AND THE SOUTH R.O.W. LINE OF EAST BELKNAP STREET FROM WHICH A MAG NAIL FOUND AT THE COMMON NORTHWEST CORNER OF SAID LOT 1—R AND THE NORTHEAST CORNER OF AFOREMENTIONED LOT 1A, BLOCK 3 BEARS NORTH 49'27'00 EAST, A DISTANCE OF 47.24 FEET; THENCE SOUTH 42'26'07" EAST, DEPARTING SAID COMMON LINE AND OVER AND ACROSS SAID LOT 1—R, A DISTANCE OF 34.36 FEET TO A POINT; THENCE SOUTH 00'14'59" EAST, OVER AND ACROSS SAID LOT 1—R, A DISTANCE OF 207.32 FEET TO A POINT IN THE AFOREMENTIONED COMMON SOUTH LINE OF SAID LOT 1—R AND THE NORTH R.O.W. LINE OF SAID MIDWAY ROAD; THENCE SOUTH 89'15'40" WEST, WITH SAID COMMON SOUTH AND NORTH R.O.W. LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 5,814 SQUARE FEET OR 0.133 ACRES OF LAND, MORE OR LESS. NOTES: 1. EASEMENT DRAWING OF EVEN DATE ACCOMPANIES THIS LEGAL DESCRIPTION. 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD '83. ALL DISTANCES ARE GROUND DISTANCES. SHIELDERIC M. WARD ENGINEERING R.P.L.S. No.6217 ikiTBPELS ENGINEERING #F-11039, SURVEYING #10193890 DATED: 04-09-2025 FORT WORTH << Back Export Detail Data 105650 Emer SS M292 Rpr Belknap Rtfy 56002 W&S Capital Projects 4956001 Transfer From Water/Sewer Total Revenue New Capital Project Funds 56002 W&S Capital Projects 0700430 Wstwater Dept Public Utility Total Expenditure Project 105650 << Back FSCM 92 Production Page 1 of 1 GL0019-07 - Project Budget Summary RunTime: 09/15/2025 12:44 PM $1,561,580.00 $1,561,580.00 $0.00 100.00 $1.561.580.00 $1.561 580.00 $0.00 100.00 $1,561,580.00 $1,561,580.00 $0.00 100.00 ®Pre- Encumbrance Actuals , Encumbrance Remaining I Budget Spent $1,561,580.00 $0.00 $1,242,613.19 $318,966.81 $0.00 100.00 $1,561,580.00 $0.00 $1.242.613.19 $318,966.81 $0.00 100.00 $1.561.580.00 $0.00 $1.242.613.19 $318.966.81 $0.00 100.00 $1,561,580.00 $0.00 $1,242,613.19 $318,966.81 $0.00 100.00 City of Fort Worth, Texas Mayor and Council Communication DATE: 01/13/26 M&C FILE NUMBER: M&C 26-0054 LOG NAME: 21CONDEMN CPN 105650 EMER SS M292 RPR BELKNAP RTFY SUBJECT (Near CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.133 Acres in Sanitary Sewer Easement and 0.204 Acres for a Temporary Construction Easement from Real Property Owned by DAD -USA Investment, Inc., Located at 5302 East Belknap Street, Haltom City, Tarrant County, Texas being Lot 1, Block 1, of the J.W. Akers Addition, an Addition to the City of Haltom City, Tarrant County, Texas, for the Little Fossil Creek at Belknap St. Emergency M-292 Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2026-2030 Capital Improvement Program :7xT]iv, iv, 1=I►U730NAk,9 It is recommended that the City Council: Declare that negotiations between the City and the property owner to acquire 0.133 acres in sanitary sewer easement and 0.204 acres for a temporary construction easement interest from real property owned by DAD -USA Investment, Inc., located at 5302 East Belknap Street, Haltom City, Tarrant County, Texas Lot 1, Block 1, of the J.W. Akers Addition, an addition to the City of Haltom City, Tarrant County, Texas, for the Little Fossil Creek at Belknap St. Emergency M-292 project, were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City; Declare the necessity to acquire the described property interest for the Little Fossil Creek at Belknap St. Emergency M-292 project (City Project No. 105650); 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; Authorize the City Manager or his designee to accept and record the appropriate instruments; and Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water & Sewer Capital Projects Fund in the amount of $25,785.00, from available PayGo residuals, for the purpose of funding the Emergency Sanitary Sewer M-292 Repair at Belknap Ratification project (City Project No. 105650) to effect a portion of Water's Contribution to Fiscal Years 2026-2030 Capital Improvement Program DISCUSSION: The purpose of this Mayor and City Council Communication (M&C) is to recommend that the City Council authorize condemnation by eminent domain of land for the Emergency Sanitary Sewer Repair near 5301 Belknap Street project (City Project No. 105650), authorized by the City Council on August 27, 2024, M&C 24-0742. The project will transport wastewater in the existing M-292 sanitary sewer collector main along Little Fossil Creek. An independent appraisal established the property's fair market value of the Permanent Sewer near 5301 East Belknap Street and Temporary Construction Easement Acquisition in the total amount of $25,785.00. 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 (Parcel Nos.l Legal Description Acreage / Properly Interest 1 & 4 ILot 1-R, Block 1, J.W. Akers Addition, Haltom City, Tarrant County, Texas 0.133 Acres / Permanent Easement Interest 0.204 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 0.133 acres in Permanent Water Easement and 0.204 acres for a temporary construction easement from real property owned by DAD -USA Investment, Inc. The property is needed for the Little Fossil Creek at Belknap St. Emergency M-292 Project, a public use that will enhance sewer service capability. The land rights in the subject property are needed for sewer improvements as necessary. The property is located at 5302 East Belknap Street, being Lot 1, Block 1, of the J.W. Akers Addition, an addition to the City of Haltom City, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions of this M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2026-2030 Capital Improvement Program. Funding is available in the Unspecified All -Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the Emergency Sanitary Sewer M-292 Repair at Belknap Ratification project. Appropriations for the Emergency Sanitary Sewer M-292 Repair at Belknap Ratification project, are as depicted below: Fund Existing Additional Project Total Appropriations Appropriations W&S Capital Projects - Fund $1,561,580.00 $25,785.00 $1,587,365.00 56002 (Total I $1,561,580.00 $25,785.0011 $1,587,365.00 This property is located near COUNCIL DISTRICT 11. 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 currently available in the Unspecified All -Funds project within the W&S Capital Projects Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Emer SS M292 Rpr Belknap Rtfy 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 by Oriainatina Business Unit Head: Additional Information Contact: Valerie Washington 6199 Marilyn Marvin 7708 Matthew Wilbanks 2311 MAYOR AND COUNCIL COMMUNICATION 5302 East Belknap Street Near Council District 11 t .tiyA ,kR `. �•� �L� LITTLE FOSSIL CREEK AT BELKNAP ST. EMERGENCY M-292 Parcel I Permanent Sanitary Easement Parcel 4 Temporary Construction Easement Copyright C 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. N A 0 100 'ORTWORTE, City of Fort Worth, Texas Mayor and Council Communication DATE: 01/13/26 M&C FILE NUMBER: M&C 26-0054 LOG NAME: 21CONDEMN CPN 105650 EMER SS M292 RPR BELKNAP RTFY SUBJECT (Near CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.133 Acres in Sanitary Sewer Easement and 0.204 Acres for a Temporary Construction Easement from Real Property Owned by DAD -USA Investment, Inc., Located at 5302 East Belknap Street, Haltom City, Tarrant County, Texas being Lot 1, Block 1, of the J.W. Akers Addition, an Addition to the City of Haltom City, Tarrant County, Texas, for the Little Fossil Creek at Belknap St. Emergency M-292 Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2026-2030 Capital Improvement Program :7xT]iv, iv, 1=I►U730NAk,9 It is recommended that the City Council: Declare that negotiations between the City and the property owner to acquire 0.133 acres in sanitary sewer easement and 0.204 acres for a temporary construction easement interest from real property owned by DAD -USA Investment, Inc., located at 5302 East Belknap Street, Haltom City, Tarrant County, Texas Lot 1, Block 1, of the J.W. Akers Addition, an addition to the City of Haltom City, Tarrant County, Texas, for the Little Fossil Creek at Belknap St. Emergency M-292 project, were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City; Declare the necessity to acquire the described property interest for the Little Fossil Creek at Belknap St. Emergency M-292 project (City Project No. 105650); 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; Authorize the City Manager or his designee to accept and record the appropriate instruments; and Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water & Sewer Capital Projects Fund in the amount of $25,785.00, from available PayGo residuals, for the purpose of funding the Emergency Sanitary Sewer M-292 Repair at Belknap Ratification project (City Project No. 105650) to effect a portion of Water's Contribution to Fiscal Years 2026-2030 Capital Improvement Program DISCUSSION: The purpose of this Mayor and City Council Communication (M&C) is to recommend that the City Council authorize condemnation by eminent domain of land for the Emergency Sanitary Sewer Repair near 5301 Belknap Street project (City Project No. 105650), authorized by the City Council on August 27, 2024, M&C 24-0742. The project will transport wastewater in the existing M-292 sanitary sewer collector main along Little Fossil Creek. An independent appraisal established the property's fair market value of the Permanent Sewer near 5301 East Belknap Street and Temporary Construction Easement Acquisition in the total amount of $25,785.00. 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 (Parcel Nos.l Legal Description Acreage / Properly Interest 1 & 4 ILot 1-R, Block 1, J.W. Akers Addition, Haltom City, Tarrant County, Texas 0.133 Acres / Permanent Easement Interest 0.204 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 0.133 acres in Permanent Water Easement and 0.204 acres for a temporary construction easement from real property owned by DAD -USA Investment, Inc. The property is needed for the Little Fossil Creek at Belknap St. Emergency M-292 Project, a public use that will enhance sewer service capability. The land rights in the subject property are needed for sewer improvements as necessary. The property is located at 5302 East Belknap Street, being Lot 1, Block 1, of the J.W. Akers Addition, an addition to the City of Haltom City, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions of this M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2026-2030 Capital Improvement Program. Funding is available in the Unspecified All -Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the Emergency Sanitary Sewer M-292 Repair at Belknap Ratification project. Appropriations for the Emergency Sanitary Sewer M-292 Repair at Belknap Ratification project, are as depicted below: Fund Existing Additional Project Total Appropriations Appropriations W&S Capital Projects - Fund $1,561,580.00 $25,785.00 $1,587,365.00 56002 (Total I $1,561,580.00 $25,785.0011 $1,587,365.00 This property is located near COUNCIL DISTRICT 11. 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 currently available in the Unspecified All -Funds project within the W&S Capital Projects Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Emer SS M292 Rpr Belknap Rtfy 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 by Oriainatina Business Unit Head: Additional Information Contact: Valerie Washington 6199 Marilyn Marvin 7708 Matthew Wilbanks 2311 A Resolution NO. 6243-01-2026 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 January 13, 2026, in M&C 26-0056, ordered and decreed that a public necessity existed to acquire a fee simple interest in approximately 9.406 acres from real property owned by NRCT Diamon Hill, LLC from real property located at 3601 Deen Road, Fort Worth, Tarrant County, Texas 76106 and Being Part of Lot 1, Block 1, Diamond Hill Townhomes Addition, Part of the S. Gilmore Survey, Abstract No. 580, 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 the Lebow Channel Mitigation Project (the "Project"); - the land rights in the Property are needed for critical and high priority flood mitigation; - 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, NRCT Diamon Hill, LLC, 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 13m day of January 2026, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Flores, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire a fee simple interest in approximately 9.406 acres from real property owned by NRCT Diamon Hill, LLC. The property is needed to construct the Lebow Channel Mitigation Project (City Project No. 103 06 1) for channel and culvert improvements at NE 36th Street in connection with the Upper Lebow flood mitigation improvements. The property is located at 3601 Deen Road, Fort Worth, Tarrant County, Texas 76106 and Being Part of Lot 1, Block 1, Diamond Hill Townhomes Addition, Part of the S. Gilmore Survey, Abstract No. 580, Tarrant County, Texas. 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 Hill, 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 13m day of January 2026 ATTEST: By: Jannette S. Goodall, City Secretary LEBOW CHANNEL FLOOD MITIGATION CITY PROJECT NO. 103061 PARCEL NO. 1 3601 DEEN ROAD LOT 1, BLOCK 1, DIAMOND HILL TOWNHOMES ADDITION EXHIBIT "A" Being a 9.406 acre (409,730 square feet) tract of land out of Lot 1, Block 1, Diamond Hill Townhomes Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Cabinet A, Slide 7766 of the Plat Records of Tarrant County, Texas, said 9.406 acre (409,730 square feet) tract of land also being a portion of a 36.589 acre tract of land described in deed to Deen-Fort Worth Associates, L.P., as recorded in Volume 15192, Page 372 of the Deed Records of Tarrant County, Texas, said 9.406 acre (409,730 square feet) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the northwest corner of Lot 1, Block 2 of Sabine Place, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-S, Page 14 of said Plat Records of Tarrant County, Texas, said 1/2 inch iron rod also being the intersection of the existing east right-of-way line of Runnels Street (50' right-of-way width) with the existing south right-of-way line of NE 36m Street (60' right-of-way width); THENCE, South 00 degrees 20 minutes 11 seconds East, with the west line of said Lot 1 and with the existing east right-of-way line of said Runnels Street, a distance of 122.63 feet to the POINT OF BEGINNING of herein described 9.406 acre (409,730 square feet) tract of land, said point being in the north line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, said point being the southeast corner of the existing right-of-way of said Runnels Street, said point also being the southwest corner of said Lot 1, Block 2, Sabine Place, from which a 3/8 inch iron rod found for the northeast corner of said 36.589 acre tract of land bears North 89 degrees 56 minutes 17 seconds East, a distance of 717.00 feet, said 3/8 inch iron rod being the southeast corner of Lot 12 of said Block 2, Sabine Place, said 3/8 inch iron rod also being an interior ell corner in the existing west right-of-way line of Deen Road (right-of-way width varies); THENCE South 00 degrees 01 minutes 37 seconds East, a distance of 69.16 feet to a point for corner; THENCE South 30 degrees 29 minutes 52 seconds West, a distance of 323.38 feet to a point for corner; THENCE South 30 degrees 28 minutes 40 seconds West, a distance of 208.28 feet to a point for corner; THENCE South 30 degrees 44 minutes 36 seconds West, a distance of 98.61 feet to a point for corner; THENCE South 05 degrees 05 minutes 21 seconds East, a distance of 192.81 feet to a point for corner; Exhibit A Page 1 of 4 THENCE South 42 degrees 45 minutes 09 seconds East, a distance of 41.61 feet to a point for corner; THENCE South 20 degrees 45 minutes 06 seconds East, a distance of 171.77 feet to a point for corner; THENCE South 20 degrees 41 minutes 48 seconds East, a distance of 18.49 feet to a point for corner; THENCE South 20 degrees 42 minutes 53 seconds East, a distance of 184.46 feet to a point for corner; THENCE South 62 degrees 36 minutes 28 seconds East, a distance of 70.00 feet to a point for corner; THENCE South 46 degrees 43 minutes 33 seconds East, a distance of 173.03 feet to a point for corner; THENCE South 16 degrees 31 minutes 43 seconds East, a distance of 115.97 feet to a point for corner in the south line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, said point being in the south line of said 36.589 acre tract of land, said point also being in the existing north right-of-way line of NE 33rd Street (right-of-way of width varies); THENCE South 73 degrees 28 minutes 17 seconds West, with the south line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, with the south line of said 36.589 acre tract of land and with the existing north right-of-way line of said NE 33rd Street, a distance of 70.34 feet to a point for corner, from which a 1/2 inch iron rod with cap stamped "GRANT RPLS 4151" found for reference bears S 00 degrees 00 minutes 16 seconds West, a distance of 0.40 feet; THENCE North 69 degrees 41 minutes 43 seconds West, with the south line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, with the south line of said 36.589 acre tract of land and with the existing north right-of-way line of said NE 33rd Street, a distance of 326.40 feet to a point for corner; THENCE South 89 degrees 26 minutes 16 seconds West, with the south line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, with the south line of said 36.589 acre tract of land and with the existing north right-of-way line of said NE 33rd Street, a distance of 99.10 feet to a point for the southwest corner of said Lot 1, Block 1, Diamond Hill Townhomes Addition, said point being the southwest corner of said 36.589 acre tract of land, said point also being the intersection of the existing north right-of-way line of said NE 33rd Street with existing east right-of-way line of Claude Avenue (right-of- way closed) as show by plat recorded in Cabinet A, Slide 7766 of said Plat Records of Tarrant County, Texas; Exhibit A Page 2 of 4 THENCE North 00 degrees 00 minutes 16 seconds East, with the west line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, with the west line of said 36.589 acre tract of land and with the existing east right-of-way line of Claude Avenue, a distance of 872.10 feet to a point for an interior ell corner in the west line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, said point being an interior ell corner in the west line of said 36.589 acre tract of land, said point also being the intersection of the existing east right-of-way line of Claude Avenue with the existing north right-of-way line of Eva Street (30' right-of-way width); THENCE South 89 degrees 20 minutes 17 seconds West, with the west line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, with the west line of said 36.589 acre tract of land and with the existing north right -way -line of said Eva Street, a distance of 180.00 feet to a point for an exterior ell corner in the west line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, said point also being an exterior ell corner in the west line of said 36.589 acre tract of land, from which a 1/2 inch iron rod with cap stamped "GRANT RPLS 4151" found for reference bears North 05 degrees 36 minutes 18 seconds East, a distance of 0.87 feet; THENCE North 00 degrees 02 minutes 43 seconds West, with the west line of said Lot 1, Block 1, Diamond Hill Townhomes Addition, with the west line of said 36.589 acre tract of land, a distance of 484.20 feet to a point for the northwest corner of said Lot 1, Block 1, Diamond Hill Townhomes Addition, said point also being the northwest corner of said 36.589 acre tract of land; THENCE North 89 degrees 56 minutes 17 seconds East, with the north line of said Lot 1, Block 1, Diamond Hill Townhomes Addition and with the north line of said 36.589 acre tract of land, passing at a distance of 8.97 feet, a point for the southwest corner of the existing right-of-way of Lebow Street (50' right-of-way width), passing at a distance of 58.97 feet, a point for the southeast corner of the existing right-of-way of said Lebow Street, said point being the southwest corner of Lot 1 of said Block 1, Sabine Place, passing at a distance of 523.97 feet, a point for the southeast corner of Lot 8 of said Block 1, Sabine Place, said point being the southwest corner of the existing right-of-way of said Runnels Street, in all, a distance of 573.97 feet to the POINT OF BEGINNING and containing 9.406 acres (409,730 square feet) of land, more or less. Exhibit A Page 3 of 4 Notes: (1) A plat of even survey date herewith accompanies this legal description. (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. Date: November 30, 2023 Jo Paul �nnnieng Registered Professional Land Surveyor No. 6933 Texas Firm No. 10106900 �QFT� JOHNNY PAUL HENNING ............................. A 6933 6 SU Exhibit A Page 4 of 4 EXHIBIT "B " BLOCK 2 SABINE PLACE JOHN BURSSEY SURVEY PARCEL No. 1 VOLUME 388-S, PAGE 14 ABSTRACT No. 122 P.R.T.c.T. ~ RUNNELS STREET P.O.C. w FND 1/2" W a N E 36TH STREET (So' RIGHT-OF-WAY) IRON ROrr D o(60' RIGHT-OF-WAY) >U) 11 — — —N BLOCK 1 CD SABINE PLACE Q, O b VOLUME 388-S, PAGE 14 m P.R. T. C T. of l J I LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 1 PASSIN3 AT 8.97' PASSING AT 523.97' P.O.B. PASSING AT 58.97' ------------------+---� --_ - - ------ ------ ---_ ._---- » _ 1...... DRAINAGE & UTILITY EASEMENT........ N 89'56 17 E 573.97-*--'.'.'.'.'.'.'.'.'.'... ....',...... L-2 _ t, VOLUME 15099, PAGE 260 ............. D.R.T.C.T. .._.)..�....{.....iir ------ LLI I ___�nrnrrrrnr�nrrrrnnnrr 5' UTILITY EASEMENT ..... ........... /.... /....'.'.'.--- 7 TRACT #1 ,.....,........ , L .'.'.'VOLUME 388-S, PAGE 14'= 14.30 ACRES ) DEED BY v x.... r.......... / ( P.R.T.C.T. , ......... ... FORT WORTH INDEPENDENT SCHOOL DISTRICTN I......" " ........................... ...'.y'. ....................... _....... ./"l.." O VOLUME 3345, PAGE 261 .'''''''''.'.'''''''''''l............ ............ .........................'.' ... D.R.T.C.T.....................,................/...'''''''... .'.' % J / ...............................................................'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.',(:...:.:.:.',..'.\........�..............' LOT 1 ,............... Q i ACQUISITION AREA 36.589 ACRES (BY DEED) �......................./moo/ 9 406 ACRES OR Q DEEN-FORT WORTH ASSOCIATES, L.P:... �...e. `�� J O VOLUME 15192, PAGE 372 409,730 SQ. FT. ..�...�_�.T.;..... ^�/4Q/ cb CC L............................�...........i.... _vy off/ � h G O.R..T.C..T............ ........x.... �. / N1.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.......................'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. .......�..... / .............................. .......................... ...... .... bi ..... BLOCK 1o' O, DIAMOND HILL TOWNHOMES ADDITION ` �! CABINET A, SLIDE 7766 Z . O�I ...........................P.R.T.C.T.................TYM .......... ............................................................CABINEASLIDE � ......... .........................................................�P.R.T.C.T. }�� % k...........;� Q / <v ......_.......� / MATCHLINE "B" N NOTES: 100 50 0 100 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. SCALE IN FEET orWor City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 LEB 0 W CHANNEL FL 0 OD MITIGATION PARCEL NO. 1 1 CITY PROJ. NO. 103061 OWNER: DEEN-FORT WORTH ASSOCIATES, L.P. SURVEY: LOT 1, BLOCK 1, DIAMOND HILL TOWNHOMES ADDITION LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 409,730 SQUARE FEET OR 9.406 ACRES WHOLE PROPERTY ACREAGE: 36.326 ACRES (CALCULATED) JOB No. FNI_2307.00 DRAWN BY: JM CAD FILE: PARCEL 1.DWG DATE: NOVEMBER 30, 2023 EXHIBIT B PAGE 1 OF 6 SCALE: 1" = 100' GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 oeO.FETFtG*R�°9N JOHNNY PAUL HENNING :........................ 6933 JOF FN P HENNIV REG TERED 15ROFESSIONAL LAND SURVEYOR NO. 6933 TEXAS FIRM No. 10106900 817-496-1424 FAX 817-496-1768 EXHIBIT "B " PARCEL No. 1 NE 36TH STREET (60' RIGHT—OF—WAY) BLOCK 2 SABINE PLACE VOLUME 388—S, PAGE 14 P R. T. C. T. LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 --_-------------- �—_ --------------------------------------------------- 5' UTILITY EASEMENT L-2 35' DRAINAGE & UTILITY EASEMENT f% VOLUME 388—S, PAGE 14- VOLUME 15099, PAGE 260 ------P.R.T.C.T-------- ---D.R.T.C.T------------ ---------------------------- ------------------ 45'—BUILDING LIN1 CABINET SLIDE 7766 P.R.T.C.T_--------------------- FND w IRONR DJ z s�Rv�Y i J RN G\`MO No . 5$0 LOT 1 SEBV Rp,C� 36.589 ACRES (BY DEED) U AgS� DEEN—FORT WORTH ASSOCIATES, L.P. VOLUME 15192, PAGE 372 D.R.T.C.T. BLOCK 1 DIAMOND HILL TOWNHOMES ADDITION CABINET A, SLIDE 7766 P.R. T. C. T. N NOTES: 100 50 0 100 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. SCALE IN FEET orWor City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 LEB 0 W CHANNEL FL 0 OD MI TI CA TION �P�cE OF ....:.....................:.... PARCEL NO. 1 I CITY PROD. NO. 103061 JOHNNY PAUL HENNING OWNER: DEEN—FORT WORTH ASSOCIATES, L.P. ......•••••• SURVEY: LOT 1, BLOCK 1, DIAMOND HILL TOWNHOMES ADDITION :�0 -933 �P LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS es O ACQUISITION AREA: 409,730 SQUARE FEET OR 9.406 ACRES �S WHOLE PROPERTY ACREAGE: 36.326 ACRES (CALCULATED) JOHN Y PkVL HENNI JOB No. FNI_2307.00 DRAWN BY: JM CAD FILE: PARCEL 1.DWG REG!STERED OFESSIONAL ND SURVEYOR DATE: NOVEMBER 30, 2023 EXHIBIT B PAGE 2 OF 6 SCALE: 1" = 100' NO. 6933 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 EXHIBIT "B " PARCEL No. 1 MATCHLINE "B" F / /r , 4.... FLOODWAY EASEMENT , / CABINET A, SLIDE 7766.'.'.'.".'.'.'.'.'.'.'.'T.'.'.'.'.'.'.'.'.'.'.'.'.'. S 30.29 52iV M P.R.T.C.T. ............. , ..�Q� / 323.38' / N.................................................... /.'.'.'.'.'.'.'.'.'.'.'.' ry��� N'.'.'.'.'.'.'.'.'.'.'.' �.. �p 0'* ::..................... ............................o/� b ::...................... ACQUISITION AREA .......... N o / �� i 0 9.406 ACRES OR z O 409,730 SQ. FT.cj :: I......./� / J / I L 1 FND 1 /2'1RON ROD W/CAP I / STAMPED "GRANT RPLS 4151.'.'.'.'.'.'.'.'.'.'F'.'.'.'.'.'.'.'.'.'.'.'.1.. .� / V / A j BEARS N 05'36' 18"E, 0.87' EVA STREET :��;, Pq% LOT 1 (30' RIGHT—OF—WAY) 36.589 ACRES (BY DEED) TRACT #1 �.. E�.. / DEEN—FORT WORTH ASSOCIATES, L.P. 14.30 ACRES (BY DEED) W """" 'E""M / / / VOLUME 15192, PAGE 372 FORT WORTH INDEPENDENT I!F / D.R.T.C.T. SCHOOL DISTRICT 0 o O '''''''i VOLUME 3345, PAGE 261 Z I,..I D.R.T.C.T. W p (10 iri NC14 4 ../ .. 0 i BLOCK 1 o c) w ..........y..... lo DIAMOND HILL TOWNHOMES ADDITION W ;1 � CABINET A, SLIDE 7766 ° o l .......r ...F....... P.R. T. C. T. 0j zoo i ::::�:::::::� m �\ Q3 U ../........'E'....... N , �� z +� , JE...... E V F ....... L-4 MATCHLINE "C" NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 100 50 0 100 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. SCALE IN FEET ForrWOUH City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 LEB 0 W CHANNEL FL 0 OD MITIGATION PEE o F p.jy, PARCEL NO. 1 I CITY PROJ. NO. 103061 JOHNNY PAUL HENNING OWNER: DEEN-FORT WORTH ASSOCIATES, L.P. ..................••••• •..... SURVEY: LOT 1, BLOCK 1, DIAMOND HILL TOWNHOMES ADDITION 6933 P: LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS y °FEss ACQUISITION AREA: 409,730 SQUARE FEET OR 9.406 ACRES ®S ° WHOLE PROPERTY ACREAGE: 36.326 ACRES (CALCULATED) JOH Y P HENNI JOB No. FNI_2307.00 DRAWN BY: JM CAD FILE: PARCEL 1.DWG REGI TERED PROFESSIONAL LAND SURVEYOR DATE: NOVEMBER 30, 2023 EXHIBIT B PAGE 3 OF 6 SCALE: 1" = 100' NO. 6933 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 817-496-1424 FAX 817-496-1768 EXHIBIT "B " PARCEL No. 1 M AT C H L I N E "C" MATCHLINE "D" N NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 100 50 0 100 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. SCALE IN FEET orWor City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 LEB 0 W CHANNEL FL 0 OD MITIGATION PARCEL NO. 1 OWNER: DEEN—FORT WORTH ASSOCIATES, SURVEY: LOT 1, BLOCK 1, DIAMOND HILL LOCATION: CITY OF FORT WORTH, TARRAN I CITY PROJ. NO. 103061 T L.P. TOWNHOMES ADDITION COUNTY, TEXAS ACQUISITION AREA: 409,730 SQUARE FEET OR 9.406 ACRES WHOLE PROPERTY ACREAGE: 36.326 ACRES (CALCULATED) JOB No. FNI_2307.00 DRAWN BY: JM CAD FILE: PARCEL DATE: NOVEMBER 30, 2023 EXHIBIT B PAGE 4 OF 6 SCALE: 1" = 100' GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, F T�1 JOHNNY PAUL HENNING ......................... 6933 4 s s O� 1.DWG JOONY �1'N'G L HENN REOMTERED PROFESSIONAL LAND SURVEYOR NO. 6933 TEXAS FIRM No. 10106900 TX. 76137 • 817-496-1424 FAX 817-496-1768 w a M J U i 0 I o_ 0 w J m a G EXHIBIT "B " PARCEL No. 1 MATCHLINE "D" 872.10' ��ACQUISITION AREA L-9 So �-,�..... 409,730 SQ. FT. ... FgSF cNT................................� . ..... C CF144 of tY .� ............................. \ No qGR q y q .�.�........................ i \ \ H 8 ......O,pR02 22Ft1 TO..�.�.�.�.�.\........ yam. \���/// ) ' LOT 1 � .32640, 36.589 ACRES (BY DEED) 50' RIGHT-OF-WAY AND DEEN-FORT WORTH ASSOCIATES, L.P. EASEMENT AGREEMENT VOLUME 15192, PAGE 372 -C.C.F. No. D202216519 D.R.T.C.T. O.P.R.T.C.T. BLOCK 1 DIAMOND HILL TOWNHOMES ADDITION CABINET A, SLIDE 7766 P.R. T. C. T. RN G\`MON° 5g� SEg PgS� R Pc� FND 1/2"IRON ROD W/CAP -STAMPED "GRANT RPLS 4151" BEARS S 00'00'16"W 0.40' 0 eo�? l?\G NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 100 50 0 100 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. SCALE IN FEET orWor City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 LEB 0 W CHANNEL FL 0 OD MITIGATION PARCEL NO. 1 1 CITY PROJ. NO. 103061 OWNER: DEEN-FORT WORTH ASSOCIATES, L.P. SURVEY: LOT 1, BLOCK 1, DIAMOND HILL TOWNHOMES ADDITION LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 409,730 SQUARE FEET OR 9.406 ACRES WHOLE PROPERTY ACREAGE: 36.326 ACRES (CALCULATED) JOB No. FNI_2307.00 DRAWN BY: JM CAD FILE: PARCEL 1.DWG DATE: NOVEMBER 30, 2023 EXHIBIT B PAGE 5 OF 6 SCALE: 1" = 100' GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 ��0� _FETF ti� G JOHNNY PAUL HENNING ........................ 6933 P S S; JOH Y P, L HENNIW REGISTERED PPROFESSIONAL LAND SURVEYOR NO. 6933 TEXAS FIRM No. 10106900 817-496-1424 FAX 817-496-1768 EXHIBIT PARCEL No. 1 f7 B 99 LINE TABLE LINE BEARING DISTANCE L-1 S 00*20' 1 1 "E 122.63' L-2 N 89'56' 17"E 717.00' L-3 S 00°01'37"E 69.16' L-4 S 42°45'09"E 41.61' L-5 S 20°41'48"E 18.49' L-6 S 62°36'28"E 70.00' L-7 S 16°31'43"E 115.97' L-8 S 73'28'17"W 70.34' L-9 S 89'26'16"W 99.10' L-10 S 89°20' 17 "W 180.00' ACQIJISITIOP LOCATION SUBJECT TRACT & LOCATION OF ACQUISITION 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. orWor City of Fort Worth 200 TEXAS STREET • FORT WORTH, TEXAS 76102 LEB 0 W CHANNEL FL 0 OD MITIGATION PARCEL NO. 1 1 CITY PROJ. NO. 103061 OWNER: DEEN—FORT WORTH ASSOCIATES, L.P. SURVEY: LOT 1, BLOCK 1, DIAMOND HILL TOWNHOMES ADDITION LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACQUISITION AREA: 409,730 SQUARE FEET OR 9.406 ACRES WHOLE PROPERTY ACREAGE: 36.326 ACRES (CALCULATED) JOB No. FNI_2307.00 DRAWN BY: JM CAD FILE: PARCEL 1.DWG DATE: NOVEMBER 30, 2023 EXHIBIT B PAGE 6 OF 6 SCALE: N/A GORRONDONA & ASSOCIATES, INC. • 2800 N.E. LOOP 820, SUITE 660 FORT WORTH, TX. 76137 oeO.FETFtG*R�°9N JOHNNY PAUL HENNING ......................... 6933 P OFESSI .• SUF JOHNN1 PAUC/ HENNINO / REGISTERED PKOFESSIONAL LAND SURVEYOR NO. 6933 TEXAS FIRM No. 10106900 817-496-1424 FAX 817-496-1768 MAYOR AND COUNCILCOMMUNICATION MAP 3601 DEEN ROAD CPN1033061 COUNCIL DISTRICT 02 9.406 Acre t Fee Simple Acq. Tarrant County Diamond Hill Townhomes Addition Block 1, Lot 1 Copyright C0 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. FORT WORTH City of Fort Worth, Texas Mayor and Council Communication DATE: 01/13/26 M&C FILE NUMBER: M&C 26-0056 LOG NAME: 21 CONDEMN CPN 103061 P1 LEBOW CHANNEL MITIGATION 36TH STREET SUBJECT (CD 2) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire Fee Simple Interest in Approximately 9.406 Acres from Real Property Owned by NRCT Diamond Hill, LLC. Located at 3601 Deen Road, Fort Worth, Tarrant County, Texas 76106 and Being Part of Lot 1, Block 1, Diamond Hill Townhomes Addition, Part of the South Gilmore Survey, Abstract No. 580 for the Lebow Channel Mitigation Project RECOMMENDATION: It is recommended that the City Council: Declare that negotiations between the City and the property owner to acquire a fee simple interest in approximately 9.406 acres from real property owned by NRCT Diamond, Hill, LLC. Situated in Lot 1, Block 1, Diamond Hill Townhomes Addition, part of the South Gilmore Survey, Abstract No. 580, Tarrant County, Texas, for the Lebow Channel Mitigation Project (City Project No. 103061) were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City; Declare the necessity to acquire the described property interest for the Lebow Channel Mitigation Project (City Project No. 103061); 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; 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 condemnation by eminent domain of land for the fee simple interest is needed to construct the Lebow Channel Mitigation project (City Project No. 103061) for channel and culvert improvements at NE 36th Street in connection with the Upper Lebow flood mitigation improvements. Appropriations were previously authorized for property acquisition with Mayor & Council Communication (M&C) 25-0373. The Lebow Channel area is a critical and high priority for flood mitigation. Five fatalities have occurred in the project area, where there are eight hazardous roadway overtopping locations and over 200 structures within the FEMA floodplain. The City developed an overall concept plan for the Lebow watershed and has worked on it since 2001. M&C 23-1058 and M&C 24-0280 provide additional details regarding the Lebow Channel Flood Mitigation project and grant funding that was applied for. An independent appraisal established the property's fair market value of $1,296,408.00 as total compensation for the needed fee simple interest (as shown below). 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. Parcel Acreage / No. Legal Description Property Interest 3601 Deen Road. Lot 1, Block 1, Diamond Hill 9.406 1 Townhomes Addition, part of the S. Gilmore Survey, Acres / Abstract No. 580, Tarrant County, Texas Fee Simple 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 a fee simple interest in approximately 9.406 acres from real property owned by NRCT Diamon Hill, LLC. The property is needed to construct the Lebow Channel Mitigation Project (City Project No. 103061) for channel and culvert improvements at NE 36th Street in connection with the Upper Lebow flood mitigation improvements. The property is located at 3601 Deen Road, Fort Worth, Tarrant County, Texas 76106 and Being Part of Lot 1, Block 1, Diamond Hill Townhomes Addition, Part of the S. Gilmore Survey, Abstract No. 580, Tarrant County, Texas. 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 Stormwater Capital Projects Fund for the purpose of funding the Lebow Channel Flood Mitigation project, as appropriated. This property is located in COUNCIL DISTRICT 2. 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 Stormwater Capital Projects Fund for the Lebow Channel Flood Mit project to support the approval of the above recommendations and award of the acquisition. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head: Additional Information Contact: Valerie Washington 6199 Marilyn Marvin 7708 Stuart Young 8379 Matthew Wilbanks 2311 A Resolution NO. 6244-01-2026 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 January 13, 2026, in M&C 26-0058, ordered and decreed that a public necessity existed to acquire a permanent sanitary sewer easement interest in approximately 6.3268 acres and 2.0959 acres in temporary construction easement interests from real property owned by Third Peak, LP from real property located at 9770 N Verna Trail, City of Fort Worth, Tarrant County, Texas in the Jacob Wilcox #2 Survey Abstract No. 1725 and the John H Smallwood Survey, Abstract No. 1452, 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 the Silver Creek Lift Station, Force Main and Gravity Main Project (the "Project"); - the land rights in the Property are needed for transporting wastewater; - 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, Third Peak, LP, 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 13m day of January 2026, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Hill, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 6.3268 acres of land in permanent sanitary sewer easement interests and 2.0959 acres in temporary construction easement interests from real property owned by Third Peak, LP. The subject property is located at 9770 N Verna Trail, City of Fort Worth, Tarrant County, Texas in the Jacob Wilcox #2 Survey Abstract No. 1725 and the John H. Smallwood Survey, Abstract No 1452, City of Fort Worth, Tarrant County, Texas. The land rights in the subject property are needed for the Silver Creek Lift Station, Force Main and Gravity Main, a public use that provides for transporting wastewater. The property interests to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and City Council Communication." Seconded by Councilmember Crain, 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 13m day of January 2026. ATTEST: By: Y Jannette S. Goodall, City Secretary MAYOR AND COUNCIL COMMUNICATION MAP CPN# 104489 Silver Creek LS FM GM Sanitary Sewer Easement and TCE �r Live Oak N P; �o Freeman: r .f k frf. Nl'.4 R n TCE 2 Approximately < Premises: S1.1337 acres 9770 Verna Trail North Tarrant County, Fort Worth, Texas 76108 ' TCE 3 " �. ►'• Approximately 0.0086 acres F ' L •` t � ; y'4 % e MR ' �`�c. i ':�2� � g r'r� >, t Mrs. •�. +,+ �` " _f t A , TCE 1 eo> �• Approximately 0.9536 acres �,. �:i+�" �,�.,� , ®� F'" ter, t • i ,•�m 4"M" •� � 5M 4�Mfli e Sanitary. qIQ 01 1 � 9 0 9.yu M 11 IMAITfZI] 11ki0 R,/ 011/1ITT re, rmF;_-N Tract 1 & ABST 1725, TR 4, LESS HS & AG CITY BOUNDARY SPLIT 0 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. ai: N A 460 920 Feet FORT WORTH General Location LEGAL DESCRIPTION SANITARY SEWER EASEMENT BEING a 6.3268 acre (275,595 square foot) tract of land situated in the Jacob Willcox #2 Survey, Abstract No. 1725 and the John H Smallwood Survey, Abstract No. 1452, City of Fort Worth, Tarrant County, Texas; said tract being a portion of land described as Tract II in Special Warranty Deed to Third Peak, LP, recorded in Instrument Number D208170892 of the Official Public Records, Tarrant County, Texas O.P.R.T.C.T); said tract being more particularly described as follows: BEGINNING at a 5/8" iron rod set with a cap stamped "KHA" (Northing: 6973426.67, Easting: 2277738.43) in the north line of said Tract II; THENCE North 81 '37'04" East, along the said north line of Tract II, a distance of 55.73 feet to a point for corner; THENCE South 34'36'03" East, departing the said north line of Tract II, a distance of 302.93 feet to a point for corner; THENCE North 77'39'09" East, a distance of 9.73 feet to a point for corner; THENCE North 51'1609" East, a distance of 11.09 feet to a point for corner, said point being in the northeast line of said Tract II and the southwest line of a tract of land described in deed to Texas Electric Service Company recorded in Volume 2179, Page 198 of the Deed Records, Tarrant County, Texas (D.R.T.C.T.) THENCE South 36'08'14" East, along the said northeast line of Tract II and the southwest line of Texas Electric Service Company tract, a distance of 3.25 feet to a point for corner, said point being the south corner of said Texas Electric Service Company tract and the north corner of a tract of land described as Tract 2 in Special Warranty Deed to FW 820, LLC, recorded in Instrument Number D222026020 of the said O.P.R.T.C.T.; THENCE South 00'02'20" West, along the east line of said Tract II and west line of said Tract 2, a distance of 32.72 feet to a point for corner; THENCE South 77°39'09" West, departing the said east line of Tract II and west line of Tract 2, a distance of 17.39 feet to a point for corner; THENCE South 06'55'03" West, a distance of 291.46 feet to a point for corner; THENCE South 38'04'57" East, a distance of 7.07 feet to a point for corner; THENCE South 06'55'03" West, a distance of 290.48 feet to a point for corner; SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Ki m le 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.conn Scale I Drawn by I Checked bV Date Project No. Sheet No. N/A MKK MCB 02/20/2025 061018452 1 OF 11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSE UPDATE.D G LEGAL DESCRIPTION SANITARY SEWER EASEMENT THENCE South 31°10'58" West, a distance of 579.18 feet to a point for corner in the east line of said Tract II and the north line of said Tract 2; THENCE South 89°55'51" West, along the said east line of Tract II and the said north line of Tract 2, a distance of 35.66 feet to a point for corner; THENCE South 00°04'27" East, along the said east line of Tract II and said west line of said Tract 2, a distance of 58.76 feet to a point for corner; THENCE South 31'10'58" West, departing the said east line of Tract II and said west line of Tract 2, a distance of 276.98 feet to a point for corner; THENCE South 03'16'40" West, a distance of 616.62 feet to a point for corner; THENCE South 20°38'07" West, a distance of 1,192.56 feet to a point for corner; THENCE South 08°37'42" East, a distance of 154.49 feet to a point for corner; THENCE South 53'47'32" West, a distance of 578.53 feet to a point for corner; THENCE South 41'13'49" West, a distance of 186.96 feet to a point for corner in the south line of said Tract II; THENCE North 88'20'02" West, along said north line of Tract II, a distance of 232.36 feet to a 5/8" iron rod set with a cap stamped "KHA" (Northing: 6969420.87, Easting: 2276169.40); THENCE North 58'48'57" East, departing said south line of Tract II, a distance of 110.61 feet to a point for corner; THENCE South 88°20'02" East, a distance of 111.18 feet to a point for corner; THENCE North 41 °13'49" East, a distance of 165.31 feet to a point for corner; THENCE North 53'47'32" East, a distance of 548.78 feet to a point for corner; THENCE North 08°37'42" West, a distance of 133.81 feet to a point for corner; THENCE North 20'38'07" East, a distance of 1,199.07 feet to a point for corner; SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked bV Date E!*DATE. Sheet No. N/A MKKMCB 02/20/2025 2 OF 11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTWSURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSD G LEGAL DESCRIPTION SANITARY SEWER EASEMENT THENCE North 03"16'40" East, a distance of 622.37 feet to a point for corner; THENCE North 31'10'58" East, a distance of 926.90 feet to a point for corner; THENCE North 06°55'03" East, a distance of 277.58 feet to a point for corner; THENCE North 51 '55'03" East, a distance of 7.07 feet to a point for corner; THENCE North 06°55'03" East, a distance of 294.44 feet to a point for corner; THENCE North 34'36'03" West, a distance of 318.65 feet to the POINT OF BEGINNING and containing 275,595 square feet or 6.3268 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 and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. SANITARY SEWER EASEMENT MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL .� E:T •••••••••• -------------- JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, • .•.••.•.••••••.•••.• v�Kimlev*Horn .................................. • 6558 UNIT 11 SUITE 1300 -%,Po '?• FORT WORTH, TEXAS 76102 9�i'• FE�+s sp` ° O 801 Cherry Street, Unit 11, # 1300 Tel No. (817) 335-6511 PH. 817-335-6511 O ••S URv Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by Date E!*DATE. Sheet No. michael.billingsley@kimley-horn.com N/A MKK MCB 02/20/2025 3OF 11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTWSURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSD G P.O.B. IRSC N 6973426.67 E 2277738.43 CITY OF FORT WORTH (VOL. 389, PG. 329) � 210.75' �1 TEXAS ELECTRIC SERVICE COMPANY S (VOL. 2179, PG. 198) �° I 06: �O O0 O� � O� TRACT II �V6'/A" THRID PEAK, LP (INST. NO. D208170892) \ SANITARY SEWER EASEMENT 6.3268 ACRES 275,595 SQ. FT. N � NI W c+� o oo- NORTH 0 50 100 GRAPHIC SCALE IN FEET I TR PEPK, �.P p2p81708g21 . l�NS1 140. TRACT 1 FW 820, LLC. /--L4 \ (INST. NO. D222026020) L5 L6 in I TRACT 2 \ LEGEND -� FW 820, LLC. \ o ° (INST. NO. D222026020) \ Z ro P.O.B. = POINT OF BEGINNING o \ IRSC = 5/8" IRON ROD W/ "KHA" CAP SET I MATCHLINE (SEE SHEET 5) N(ITFC Bearing system and coordinates based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202) with an applied combined scale factor of 1.00012. A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement tract. ,��••OF �Q.•�cG\ S T E,Q�� MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL ••••••••••••••••••••------------•- LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, .................................. A 6558 �• UNIT 11 SUITE 1300 -%,p FORT WORTH, TEXAS 76102 9�i•• FE S s °••• O PH. 817-335-6511 michael.billingsley@kimley-horn.com KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev*Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by Date E!*DATE. Sheet No. MKK MCB 02/20/2025 4OF11 LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSD G NORTH 0 50 100 GRAPHIC SCALE IN FEET SANITARY SEWER EASEMENT 6.3268 ACRES 275,595 SQ. FT. MATCHLINE (SEE SHEET 4) ---7 F \ I TRACT 2 FW 820, LLC. 80 (INST. NO. D222026020) ,It 0 rn 80 N V7 r: N W to to co � C) / o to � a TRACT II THRID PEAK, LP (INST. NO. D2081703S MATCHLINE (SEE SHEET 6) P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked bV Date E!OATE. Sheet No. MKK MCB 02/20I2025 5OF11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTWSURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSD G NORTH 0 50 100 \ GRAPHIC SCALE IN FEET TRACT II THRID PEAK, LP (INST. NO. D208170892) SANITARY SEWER EASEMENT 6.3268 ACRES 275,595 SQ. FT. L8 w J MATCHLINE (SEE SHEET 7) P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET MATCHLINE (SEE SHEET 5) 1 JACOB WILCOX SURVEY, ABSTRACT No. 1725 ROBERT W TANNAHILL SURVEY, ABSTRACT No 1540 APPROXIMATE SURVEY LINE TRACT 2 FW 820, LLC. (INST. NO. D222026020) SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by Date Project No. Sheet No. 1" = 1D0' MKK MCB 02/20/2025 061018452 6 OF 11 KENT, MASON 2/20/2025 1121 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSE UPDATE.D G I F(1FNn P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET TRACT II THRID PEAK, LP (INST. NO. D208170892) N31 °10'58"E 926.90' MATCHLINE (SEE SHEET 6) qm■- E)ME.t opm C'7 N <0 t0 _t0 W CD O O O _V Q CD z - co O G7 SANITARY SEWER ','. EASEMENT 6.3268 ACRES 275,595 SQ. FT. MATCHLINE (SEE SHEET 8) NORTH 0 50 100 GRAPHIC SCALE IN FEET O N O U N N J ON � J N Q O N W ci ~ �: Z LL U) Z SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked bV Date E!*DATE. Sheet No. MKK MCB 02/2012025 7OF11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTWSURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSD G I F(1FNn P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET MATCHLINE (SEE SHEET 7) c N co �9 N � N tD CD;� W TRACT II o THRID PEAK, LP o (INST. NO. D208170892) co ro cy a z / o Z � SANITARY EA: 6.3268 275,596 MATCHLINE (SEE SHEET 9) NORTH 0 50 100 GRAPHIC SCALE IN FEET N O U No N J N � J N N Q N �00 ~ z � u-I-: In Z SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev*Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked bV Date E!*DATE. Sheet No. MKK MCB 02/2012025 8OF11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTWSURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSD G I F(:FNn P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET TRACT II THRID PEAK, LP (INST. NO. D208170892) MATCHLINE (SEE SHEET 10) MATCHLINE (SEE SHEET 8) O � ON 4U O S CID 00 o O 00 =<Y 0 N CO SANITARY SEWER EASEMENT 6.3268 ACRES 275,595 SQ. FT. NORTH 0 50 100 GRAPHIC SCALE IN FEET SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked bV Date E!*DATE. Sheet No. MKK MCB 02/20I2025 9OF11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTWSURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSD G NORTH 0 50 100 GRAPHIC SCALE IN FEET N I I a^� Lu Lu 2 cn Lu mo`` o Lu TRACT II THRID PEAK, LP (INST. NO. D208170892) 770.37' MCCALL LIVING TRUST (INST. NO. D219013288) MATCHLINE (SEE SHEET 9) 77// //7 J SANITARY SEWER EASEMENT 6.3268 ACRES 275,595 SQ. FT. SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS LEGEND Kimlev)))Horn 801 Cherry Street, Unit 11, # 1390 it Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn P.O.B. = POINT OF BEGINNING Scale Drawn by Checked by Date Project No. IRSC = 5/8" IRON ROD W/ "KHA" CAP SET 1^ =100'MKK MCB 02/20/2025 061018452 10 OF 11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTWSURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-5 LVERCREE LS-FM-GM_ SSE UPDATE.D[SheetNo. G P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH L1 N81"37'04"E 55.73' L9 S00'04'27E 58.76' L2 N77'39'09"E 9.73' L10 S31'10'58"W 276.98' L3 N51'15'09"E 11.09, L11 S08'37'42"E 154.49' L4 S36'08'14"E 3.25' L12 N58'48'57"E 110.61, L5 S00'02'20"W 32.72' L13 S88'20'02"E 111.18, L6 S77039'09"W 17.39' L14 N08'37'42"W 133.81' L7 S38'04'57"E 7.07' L15 N51 '55'03"E 7.07' L8 S89055'51"W 35.66, 355.14' NORTH 0 50 100 GRAPHIC SCALE IN FEET TRACT II ' THRID PEAK, LP (INST. NO. D208170892) O APPROXIMATE SURVEY LINE JOHN H SMALLWOOD SURVEY, T SOCORRO SURVEY, ABSTRACT I w Iw SANITARY SEWER Lu EASEMENT ' w 6.3268 ACRES L13 � 275,595 SQ. FT. w Z ABSTRACT No. 1452 _ N88'20'02"W 232.36' Na. 1837 IRSC CQC N:6969420.87 G E:2276169.40 ' MCCALL LIVING TRUST (INST. NO. D219013288) SANITARY SEWER EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by Date E!*DATE. Sheet No. 1"=1D0MKK MCB 02/20/2025 11 OF 11 KENT, MASON 2/20/2025 11 21 AM \\KIMLEY-HORN\CN_FTW\FTWSURVEY\061018452-SILVER CREEK LS-FMGM\DWG 061018452-5 LVER CREE LS-FM-GM_ SSD G LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Exhibit A BEING a 0.0086 acre (374 square foot) tract of land situated in the Jacob Willcox #2 Survey, Abstract No. 1725, City of Fort Worth, Tarrant County, Texas; said tract being a portion of a tract of land described as Tract II in Special Warranty Deed to Third Peak, LP, recorded in Instrument Number D208170892, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.); said tract being more particularly described as follows: BEGINNING at a point for corner, from which a 5/8" iron rod set with a cap stamped "KHA" in the north line of said Tract II bears North 40'19'18" West, a distance of 355.79 feet; THENCE North 77'39'09" East, a distance of 17.39 feet to a point for corner in the east line of said Tract II and the west line of a tract of land described as Tract 2 in Special Warranty Deed to FW 820, LLC, recorded in Instrument Number D222026020, O.P.R.T.C.T.; from which a 5/8" iron rod set with a cap stamped "KHA" in the northeast line of said Tract II and the southwest line of a tract of land described in deed to Texas Electric Service Company recorded in Volume 2179, Page 198, D.R.T.C.T., bears North 03'04'13" West, a distance of 35.40 feet; THENCE South 00'02'20" West, along the said east line of Tract II and the said west line of Tract 2, a distance of 20.48 feet to a point for corner; THENCE South 77°39'09" West, departing the said east line of Tract II and the said west line of Tract 2, a distance of 19.99 feet to a point for corner; THENCE North 06°55'03" East, a distance of 21.19 feet to the POINT OF BEGINNING and containing 374 square feet or 0.0086 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 and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 SURVEY, ` S � ..E :T. ABSTRACT No. 1725 MICHAEL CLEO BILLINGSLEY ; e o N CITY OF FORT WORTH REGISTERED PROFESSIONAL ••••••••••••••••••••------------•• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY UN CHERRY STREET, • °••••••••••••••••••v�•• Kimle >>> Horn •• 6558 UNIT 11 SUITE 1300 �'•�a �0.?•' FORT WORTH, TEXAS 76102 9�i'• FE�+s S 1... . O 801 Cherry Street, Unit 11, # 1300 Tel No. (817) 335-6511 PH. 817-335-6511 O ••a7 URv Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.conn Scale I Drawn by Checked by Date I Project No. Sheet No. N/A MKK SCR Di/14/2025 061018452 1 OF KENT, MASON 1/14/2025 11 26 AM K:\FTW—SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG\061018-52-SILVER CREEK LS-FM-G _W SMALL TCE.DWG michael.billingsley@kimley-horn.com LEGEND \ P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRSC TEXAS ELECTRIC SERVICE \ \ COMPANY 2\ (VOL. 2179, PG. 198) moo\ 9-� LINE TABLE NO. BEARING LENGTH L1 N77°39'09"E 17.39' L2 S00°02'20"W 20.48' L3 S77°39'09"W 19.99, L4 N06°55'03"E 21.19' TEMPORARY CONSTRUCTION EASEMENT 0.0086 ACRES 374 SQ. FT. NORTH 0 10 20 GRAPHIC SCALE IN FEET IRSC of \ TRACT NO. 1 - TEXAS ELECTRIC MI SERVICE COMPANY \ (VOL. 2166, PG. 282) �I� N M M \ \ N J I� la TRACT II THRID PEAK, LP (INST. NO. D208170892) \ TRACT 2 \ FW 820, LLC. (INST. NO. D222026020) Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the easement tract. OF •T �. �P•�G` S T E� �� MICHAEL CLEO BILLINGSLEY 6j;•Q a .d REGISTERED PROFESSIONAL ••••••••••••••••••••------••••- LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSL 801 CHERRY STREET, ••••••••••••••••••••••••••••••• ° 6558 �• UNIT 11 SUITE 1300 'P P:• '•,•p 9iV•• e `°.y0 FORT WORTH, TEXAS 76102 s s ° SURv� PH. 817-335-6511 KENT, MASON 1/14/2025 11 26 AM K\FTW SURVEYV061018452-SILVER Lt �' -F-GMVDW( TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 SURVEY, ABSTRACT No. 1725 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev*Horn 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kirnley-horn.com I kern � { k tP Prr,iect Nr, c,hPPt Nn 018'--2-5� � CF EK M-G' IXT �o4 CFpp25 061018452 2 OF 2 michael.billingsley@kimley-horn.com Temporary Construction Easement - Exhibit A "A TEMPORARY EASEMENT for the duration of 24 months from the date of possession of said easement for the purpose of facilitating construction of the sewer pipeline, in, along, upon, and across the premises described in the following property description, with the temporary right and privilege of having ingress, egress, and regress in, along, upon, and across said tract of land for the purpose of facilitating construction of the sewer pipeline." KENT, MASON 1/14/2025 1126 AM K\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG\061018452-SILVER CREEK LS-FM-GM_W SMALL TCE.DWG LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Exhibit B BEING a 1.1337 acre (49,384 square foot) tract of land situated in the Jacob Wilcox #2, Abstract No. 1725 and the John H Smallwood Survey, Abstract No.1452, City of Fort Worth, Tarrant County, Texas; said tract being a portion of a tract of land described as Tract II in Special Warranty Deed to Third Peak, LP, recorded in Instrument Number D208170892 of the Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.); said tract being more particularly described as follows: BEGINNING at a 5/8 iron rod set with a cap stamped "KHA" (Northing: 6973426.67, Easting: 2277738.43) in the north line of said Tract II; THENCE South 34°36'03" East, departing said north line of Tract II, a distance of 318.65 feet to a point for corner; THENCE South 06°55'03" West, a distance of 294.44 feet to a point for corner; THENCE South 51 °55'03" West, a distance of 7.07 feet to a point for corner; THENCE South 06'55'03" West, a distance of 277.58 feet to a point for corner; THENCE South 31'10'58" West, a distance of 926.90 feet to a point for corner; THENCE South 03'16'40" West, a distance of 622.37 feet to a point for corner; THENCE South 20°38'07" West, a distance of 67.04 feet to a point for corner (Northing: 6971115.10, Easting: 2277305.78), from which a 5/8" iron rod set with a cap stamped "KHA" in the south line of said Tract II bears South 30'54'19" West, a distance of 1978.66 feet; THENCE North 03°16'40" East, a distance of 691.32 feet to a point for corner; THENCE North 31'10'58" East, a distance of 814.19 feet to a point for corner; THENCE North 42°53'55" East, a distance of 6.27 feet to a point for corner; THENCE North 21 '20'16" East, a distance of 7.44 feet to a point for corner; THENCE North 31'10'58" East, a distance of 99.90 feet to a point for corner; THENCE North 07'00'51" East, a distance of 33.58 feet to a point for corner; TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH Ki m I e 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.conn Scale I Drawn by I Checked by Date Project No. Sheet No. N/A MKK MCB 02/20/2025 061018452 1 OF 7 KENT, MASON 2/20/2025 9 03 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VER CREEK L -FM-GM_W T E UPDATED G LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THENCE North 11'42'39" East, a distance of 44.02 feet to a point for corner; THENCE North 10'44'57" West, a distance of 12.31 feet to a point for corner; THENCE North 06°55'03" East, a distance of 184.11 feet to a point for corner; THENCE North 51 °55'03" East, a distance of 7.07 feet to a point for corner; THENCE North 06°55'03" East, a distance of 286.86 feet to a point for corner; TARRANT COUNTY, TEXAS THENCE North 34°36'03" West, a distance of 320.92 feet to a point for corner, said point being in said north line of Tract II; THENCE North 81 °37'04" East, along said north line of Tract II, a distance of 22.29 feet to the POINT OF BEGINNING and containing 49,384 square feet or 1.1337 acres of land, more or less. NOTES Bearing system and coordinates based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202) with an applied combined scale factor of 1.00012. A survey plat of even survey date herewith accompanies this metes and bounds description. TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT \ .S o T S •T No. 1725 AND 1452 �P•�GRF �• MICHAEL CLEO BILLINGSLEY �j; e o .N CITY OF FORT WORTH REGISTERED PROFESSIONAL •••••••••• -------------- TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, .................................. Kimley*Horn UNIT 11 SUITE 1300 A 6558 FORT WORTH, TEXAS 76102 9/�I'•• F s Spy`' 801 Cherry Street, Unit 11, # 1300 Tel No. (817) 335-6511 PH. 817-335-6511 ••S URv Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.conn Scale Drawn by Checked by Date Project No. Sheet No. michael.billingsley@kimley-horn.com N/A MKK MCB 02/20/2025 061018452 20F7 KENT, MASON 2/20/2025 9 03 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VER CREEK L -FM-GM_W T E UPDATED G P.O.B. CITY OF FORT WORTH IRSC NORTH (VOL. 389, PG. 329) N'6973426.67 \ E:2277738.43 W 0 50 100 Lg U gg.14' > o, _ LU GRAPHIC SCALE IN FEET 188 46 `n >- L7 a s \ �a� �o \ W 0 iy W O� Q O TRACT II �' W The undersigned, Registered ProfessicTftMIlh;Rffdl,SLFPvveyor, hereby certifi h ` foregoi g descriptio i accurately sets out the metes and bounds of thg�W@I VOA 92) TEMPORARY CONSTRUCTION EASEMENT 1.1337 ACRES 49,384 SQ. FT. LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET MATCHLINE (SEE SHEET 4) NOTES Bearing system and coordinates based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202) with an applied combined scale factor of 1.00012. A survey plat of even survey date herewith accompanies this metes and bounds description. TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT ,��..oF• •T No. 1725 AND 1452 �P•G\ S T ERF �• MICHAEL CLEO BILLINGSLEY �j; e o .N CITY OF FORT WORTH REGISTERED PROFESSIONAL ••••••••• -------------- TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, •••••• ........ �•• Kimley*Horn UNIT 11 SUITE 1300 A 6558 FORT WORTH, TEXAS 76102 9/II'•• F s Spy`' 801 Cherry Street, Unit 11, # 1300 Tel No. (817) 335-6511 PH. 817-335-6511 Q ••S URv Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.conn Scale Drawn by Checked by Date Project No. Sheet No. michael.billingsley@kimley-horn.com 1.'=too' MKK MCB 02/20/2025 061018452 3OF7 KENT, MASON 2/20/2025 9 03 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VER CREEK L -FM-GM_W T E UPDATED G LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET NORTH 0 50 100 GRAPHIC SCALE IN FEET MATCHLINE (SEE SHEET 3) N06°55'03"E-11'*\ 1 286.86' S06°55'03"W 294.44' The undersigned, Registered Professional Land Surveyor, hereby certifies than : fc regoing description accurately r sets out the metes and bounds of the easement tract. TRACT II THRID PEAK, LP (INST. NO. D208170892) TEMPORARY CONSTRUCTION EASEMENT 1.1337 ACRES 49,384 SQ. FT. N31 °10'58"E 814.19'— w 80 C o V) r. LO N O Z \-� \ 0 O Lo \ .Lo O 10 ;31 ° 10'58"W 126.90' MATCHLINE (SEE SHEET 5) 0 N 0 0 N N J N � J N N Q � � of 0 Q ~ 3: z U- z TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Ki m I el 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.conn Scale I Drawn by I Checked by Date Project No. Sheet No. 1.'= too. MKK MCB 02/20/2025 061018452 4 OF 7 KENT, MASON 2/20/2025 9 03 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VER CREEK L -FM-GM_W T E UPDATED G NORTH 0 50 100 GRAPHIC SCALE IN FEET TRACT II THRID PEAK, LP (INST. NO. D208170892) he MATCHLINE (SEE SHEET 4) TEMPORARY o CONSTRUCTION EASEMENT o• C, 1.1337 ACRES 49,384 SQ. FT. Cb) Ch JACOB WILCOX #2 SURVEY, ABSTRACT No. 61 MATCHLINE (SEE SHEET 6) TRACT 2 FW 820, LLC. (INST. NO. D222026020) APPROXIMATE SURVEY LINE TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS LEGEND Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 P.O.B. = POINT OF BEGINNING Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn IRSC = 5/8" IRON ROD W/ "KHA" CAP SET Scale I Drawn by I checked by I Date I Project No. sheet No. 1" = 10 0' {I MKK CI MCB 02/20I2025 061018452 5 OF 7 KENT, MASON 2/20/2025 9 03 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VER CREEK LS-FM-GM_W TCE UPDATED G LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET NORTH 0 50 100 GRAPHIC SCALE IN FEET TRACT II THRID PEAK, LP (INST. NO. D208170892) MATCHLINE (SEE SHEET 5) MR go= =go \V TEMPORARY y CONSTRUCTION \ EASEMENT \ 1.1337 ACRES m \ N 49,384 SQ. FT. \ MATCHLINE (SEE SHEET 7) TRACT 2 FW 820, LLC. (INST. NO. D222026020) TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev*Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by I Date Project No. Sheet No. 1" = 1D0' MKK MCB 02/20I2025 061018452 6 OF 7 KENT, MASON 2/20/2025 9 03 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VER CREEK LS-FM-GM_W TCE UPDATED G LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET NORTH MATCHLINE (SEE SHEET 6) 0 50 100 \ GRAPHIC SCALE IN FEET \ TRACT II THRID PEAK, LP CV (INST. NO. D208170892) M � N I LINE TABLE c9 NO. BEARING LENGTH Q I -1 N51'55'03"E 7.07' \ 0 \ :T I I L2 N42'53'55"E 6.27' ° I L3 N21020'16"E 7.44' cy) \ o CD CJ I L4 N31'10'58"E 99.90' CD " z \ CD I L5 N07000'51"E 33.58, TEMPORARY \ CONSTRUCTION I L6 N11'42'39"E 44.02' EASEMENT y\ I L7 N1o°44'57"W 12.31' 1.1337 ACRES \ I L8 N51'55'03"E 7.07' 49,384 SQ. FT. I I L9 N81'37'04"E 22.29' � I N 6971115.10 S20°38'07"W TRACT 2 E:2277305.78 67.04' FW 820, LLC. IRSC (INST. NO. D222026020) � N6969417.38 E 2276289.51 'L-S30°54' 19"W I 1978.66' TEMPORARY CONSTRUCTION EASEMENT JACOB WILCOX #2 AND JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1725 AND 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by I Date Project No. Sheet No. 1" = 1D0' MKK MCB 02/20I2025 061018452 7 OF 7 KENT, MASON 2/20/2025 9 03 AM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VER CREEK LS-FM-GM_W TCE UPDATED G Temporary Construction Easement - Exhibit B "A TEMPORARY EASEMENT for the duration of 24 months from the date of possession of said easement for the purpose of facilitating construction of the sewer pipeline, in, along, upon, and across the premises described in the following property description, with the temporary right and privilege of having ingress, egress, and regress in, along, upon, and across said tract of land for the purpose of facilitating construction of the sewer pipeline! LEGAL DESCRIPTION Exhibit C TEMPORARY CONSTRUCTION EASEMENT BEING a 0.9536 acre (41,540 square foot) tract of land situated in the John H Smallwood Survey, Abstract No. 1452, City of Fort Worth, Tarrant County, Texas; said tract being a portion of a tract of land described as Tract II in Special Warranty Deed to Third Peak, LP, recorded in Instrument Number D208170892 of the Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.); said tract being more particularly described as follows: BEGINNING at a 5/8" iron rod set with a cap stamped "KHA" (Northing: 6969414.12, Easting: 2276401.66) in the south line of said Tract II; THENCE North 41'13'49" East, departing the said south line of Tract II, a distance of 186.96 feet to a point for corner; THENCE North 53°4732" East, a distance of 578.53 feet to a point for corner; THENCE North 08°3742" West, a distance of 154.49 feet to a point for corner; THENCE North 20°38'07" East, a distance of 1,192.56 feet to a point for corner (Northing: 6971165.27, Easting: 2277388.79); from which a 5/8" iron rod set with a cap stamped "KHA" in the north line of said Tract II and the south line of a tract of land described in deed to the City of Fort Worth in Volume 389, Page 329 of the Deed Records, Tarrant County, Texas (D.R.T.C.T.) bears North 08°4721" East, a distance of 2,288.18 feet; THENCE South 03'16'40" West, a distance of 67.04 feet to a point for corner; THENCE South 20'38'07" West, a distance of 1,123.35 feet to a point for corner; THENCE South 08°3742" East, a distance of 161.39 feet to a point for corner; THENCE South 53'4732" West, a distance of 588.45 feet to a point for corner; THENCE South 41'1349" West, a distance of 168.23 feet to a point for corner; THENCE North 88°20'02" West, a distance of 25.94 feet to the POINT OF BEGINNING and containing 41,540 square feet or 0.9536 acres of land, more or less. NnTF-R Bearing system and coordinates based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202) with an applied combined scale factor of 1.00012. A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. TEMPORARY CONSTRUCTION EASEMENT JOHN H SMALLWOOD SURVEY, ��•`� E ABSTRACT No. 1452 �P•�� RF MICHAEL CLEO BILLINGSLEY y: e o :.N CITY OF FORT WORTH REGISTERED PROFESSIONAL •••••••• -------------- TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, •••••• ........ �•• Kiimley*Horn UNIT 11 SUITE 1300 A 6558 FORT WORTH, TEXAS 76102 F s;p °'ou �1� 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 PH. 817-335-6511 S bIN Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-horn.conn Scale Drawn by Checked by Date Project No. Seet No. michael.billingsley@kimley-horn.com N/A MKK MCB 02/Date 5 061018452 0F5 KENT, MASON 2/19/2025 3 33 PM \\KIMLEY-HORN\CN_FTW\FTW SURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VER CREEK L-FM-GM_S TCE UPDATED�,I' LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET NOTES NORTH 0 50 100 GRAPHIC SCALE IN FEET I M 1-- W W 2 h� U) TRACT II 'b' I W THRID PEAK, LP D� W (INST. NO. D208170892) Cn tk,l'3`L Z U I~ TEMPORARY ' CONSTRUCTION EASEMENT 0.9536 ACRES 41,540 SQ. FT. 0 587.50_ 744.43' P.O.B. — — — — - IRSC N 6969414.12 N88°20'02"W MCCALL LIVING TRUST E 2276401.66 25 94' (INST. NO. D219013288) Bearing system and coordinates based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202) with an applied combined scale factor of 1.00012. A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract. TEMPORARY CONSTRUCTION EASEMENT JOHN H SMALLWOOD SURVEY, ��.`S E:T. ABSTRACT No. 1452 MICHAEL CLEO BILLINGSLEY CITY OF FORT WORTH REGISTERED PROFESSIONAL ••••••••••••••••••••------------•• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY •• •••••••••........... 801 CHERRY STREET,................. UNIT 11 SUITE 1300 �•• • ° 6558 �'•�Q?•' Kimlev*Horn FORT WORTH, TEXAS 76102 9�i'• FE�+s sp` ° O O ••a7 801 Cherry Street, Unit 11, # 1300,1Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 PH. 817-335-6511 URv www.kinnley-horn.conn michael.billingsley@kimley-horn.com Scale Drawn by Checked by Date Project No. heet No. 1^=1D0' MKK MCB 02/19/2025 061018452 OF5 KENT, MASON 2/19/2025 3 33 PM \\KIMLEY-HORN\CN_FT\MFTWSURVEY\061018452-SILVER CREEK LS-FMGM\DWG 061018452-SI VER CREEK LS-FM-GM_S TCE UPDATED1'�2 LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET MATCHLINE (SEE SHEET 4) rn� a to Z' / TEMPORARY CONSTRUCTION 6; EASEMENT Q0 0.9536 ACRES 41,540 SQ. FT. w CV d ti co a 00 NORTH 0 50 100 GRAPHIC SCALE IN FEET TRACT II THRID PEAK, LP (INST. NO. D208170892) TEMPORARY CONSTRUCTION EASEMENT JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by Date Project No. heet No. 1" = 100. MKK MCB 02/1912025 061018452 OF5 KENT, MASON 2/19/2025 3 33 PM \\KIMLEY-HORN\CN_FT\MFTWSURVEY\061018452-SILVER CREEK LS-FM-GM\DWG 061018452-SI VERCREEKLS-FM-GM_S TCEUPDATED1'�3 LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET MATCHLINE (SEE SHEET 5) TEMPORARY CONSTRUCTION EASEMENT 0.9536 ACRES 41,540 SQ. FT. MATCHLINE (SEE SHEET 3) TRACT II THRID PEAK, LP (INST. NO. D208170892) NORTH 0 50 100 GRAPHIC SCALE IN FEET TEMPORARY CONSTRUCTION EASEMENT JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by Date Project No. heet No - "a = 1D0' MKK MCB 02/1912025 061018452 OF 5 KENT, MASON 2/19/2025 3 33 PM \\KIMLEY-HORN\CN_FT\MFTWSURVEY\061018452-SILVER CREEK LS-FMGM\DWG 061018452-SI VER CREEK LS-FM-GM_S TCE UPDATED1'�4 LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRSC N 6973426.67 E 2277738.43 I N08°47'21 "E 2288.18'�� I N:6971165.27 E 2277388.79 S03° 16'40"W TEMPORARY 67.04' CONSTRUCTION EASEMENT 0.9536 ACRES 41,540 SQ. FT. 4 TRACT II THRID PEAK, LP (INST. NO. D208170892) mow r� MATCHLINE (SEE SHEET 4) NORTH 0 50 100 GRAPHIC SCALE IN FEET a N O U NN N J N � J N U o p Q N tY00 ~ � Z LL U) z TEMPORARY CONSTRUCTION EASEMENT JOHN H SMALLWOOD SURVEY, ABSTRACT No. 1452 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev)))Horn 801 Cherry Street, Unit 11, # 1300Tel No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.conn Scale Drawn by Checked by Date Project No. heet No - "a = 1D0' MKK MCB 02/19/2025 061018452 OF 5 KENT, MASON 2/19/2025 3 33 PM \\KIMLEY-HORN\CN_FT\MFTWSURVEY\061018452-SILVER CREEK LS-FMGM\DWG 061018452-SI VER CREEK LS-FM-GM_S TCE UPDATED1'�5 Temporary Construction Easement - Exhibit C "A TEMPORARY EASEMENT for the duration of 24 months from the date of possession of said easement for the purpose of facilitating construction of the sewer pipeline, in, along, upon, and across the premises described in the following property description, with the temporary right and privilege of having ingress, egress, and regress in, along, upon, and across said tract of land for the purpose of facilitating construction of the sewer pipeline." City of Fort Worth, Texas Mayor and Council Communication DATE: 01/13/26 M&C FILE NUMBER: M&C 26-0058 LOG NAME: 21 CONDEMN 104489 PARCEL 6-SILVER CREEK -LS FM GS -THIRD PEAK, SUBJECT (CD 7) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 6.3268 Acres for Permanent Sanitary Sewer Easement Interests and 2.0959 Acres of Temporary Construction Easements from Real Property Owned by Third Peak, LP Located at 9770 N Verna Trail, City of Fort Worth, Tarrant County, Texas in the Jacob Wilcox #2 Survey, Abstract No. 1725 and the John H. Smallwood Survey, Abstract No 1452, City of Fort Worth, Tarrant County, Texas, for the Silver Creek Lift Station, Force Main and Gravity Main Project RECOMMENDATION: It is recommended that the City Council: Declare that the negotiations between the City and the property owner to acquire 6.3268 acres of permanent sanitary sewer easement interests and 2.0959 acres of temporary construction easement interests from real property owned by Third Peak, LP, located at 9770 N Verna Trail, City of Fort Worth, Tarrant County, Texas in the Jacob Wilcox #2 Survey, Abstract No. 1725 and the John H. Smallwood Survey, Abstract No 1452, City of Fort Worth, Tarrant County, Texas, for the Silver Creek Lift Station, Force Main and Gravity Main project; Declare the necessity to acquire the described property interests for the Silver Creek Lift Station, Forced Main and Gravity Main project (City Project No. 104489); 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 interests 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 (M&C) is to recommend that the City Council authorize the condemnation of land for the Silver Creek Lift Station, Force Main and Gravity Main project (City Project No. 104489). The project consists of constructing approximately 6,100 linear feet of 30-inch sanitary sewer interceptor that will serve the proposed 10 million gallon per day (MGD) Silver Creek Lift Station, which is under construction. The sanitary sewer interceptor begins approximately 4,000 feet northwest of the Silver Creek Road and Verna Trail intersection and travels north within the floodplain and otherwise unavailable land to the intersection of Silver Creek Road and Western Oaks Road. The proposed sanitary sewer interceptor will convey sewage from the existing 24-inch M-515 sanitary sewer interceptor upstream of the existing Live Oak Lift Station through a proposed diversion structure. Because the permanent easements to be acquired reduce the value of the remaining property, damages are owed. The acquisitions sever a 366,519 square foot remnant from the overall tract, limiting future use of that area and impacting the owner's fee simple property rights. The loss in value to the remainder is the difference between the value of the whole property before and after the City's easement acquisitions. Just compensation for the severed portion and resulting damages to the remainder will be $219,032.00. An independent appraisal established the property's fair market value of the permanent sanitary sewer easement and temporary construction easement acquisition including damages in the amount of $466,483.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the interests being acquired by the City. Upon approval, condemnation action will be brought and a Special Commissioner's hearing held to acquire the Permanent Sanitary Sewer Easement and Temporary Construction Easement Interests on the property. Improved Subject Property Parcel Acreage / Property No. Legal Description Interest 6.3268 Acres / Permanent Sanitary Sewer Easement Jacob Wilcox #2 Survey Abstract No. 1725 and the John H. Interest Smallwood Survey, Abstracts No. 1452, City of Fort Worth, Tarrant County, Texas 2.0959 Acres/ Temporary Construction Easement Interest To approve this M&C, the City 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 6.3268 acres of land in permanent sanitary sewer easement interests and 2.0959 acres in temporary construction easement interests from real property owned by Third Peak, LP. The subject property is located at 9770 N Verna Trail, City of Fort Worth, Tarrant County, Texas in the Jacob Wilcox #2 Survey, Abstract No. 1725 and the John H. Smallwood Survey, Abstract No 1452, City of Fort Worth, Tarrant County, Texas. The land rights in the subject property are needed for the Silver Creek Lift Station, Force Main and Gravity Main, a public use that provides for transporting wastewater. The property interests to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and City Council Communication." Funding is budgeted in the W&S Revenue Bonds Series 2024 Fund for the purpose of funding the Silver Creek Lift Station, Force Main and Gravity Main project, as appropriated. Funding for the Silver Creek Lift Station, Force Main and Gravity Main project is depicted below. Fund Existing Additional Project Total* Appropriations Appropriations 56022 - W&S Rev Bonds Series $2,838,118.00 $0.00 $2,838,118.00 2024 56026 — W&S Commercial $12,107,026.00 $0.00 $12,107,026.00 Paper Project Total $14,945,144.00 $0.00 $14,945,144.00 *Numbers are rounded for presentation purposes. This property is located in Council District 7. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the funds are available in the current capital budget, as previously appropriated, in the W&S Rev Bonds Series 2024 Fund for the Silver Creek LS/FM/GM project to support the approval of the above recommendations and condemnation authorization. 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 by Oriainatina Business Unit Head: Valerie Washington 6199 Marilyn Marvin 7708 Additional Information Contact: Stuart Young 8379