HomeMy WebLinkAbout6266-02-2026 - City Council - ResolutionA Resolution
NO. 6266-02-2026
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 26-0119, ordered and decreed
that a public necessity existed to acquire .5018 acres of land in Permanent Sewer Easement and
approximately 1.3336 acres for a Temporary Construction Easement from Real Property Owned by Akard
Properties 2001, LLC, Located at 11300 South Freeway, Fort Worth, Tarrant County, Texas in the
Phillips, James E. Survey, Abstract 1232 Tract 1 B, City of Fort Worth, Tarrant County, Texas, as
described in the exhibits attached to the above -referenced M&C; those exhibits are incorporated herein
for all purposes (the "Property");
WHEREAS, the Fort Worth City Council has determined that:
- the Property is needed for Southside II Water Transmission Main project (the "Project");
- the land rights in the subject property are needed for the water transmission main improvements
on the Southside II Water Transmission Main Project;
- public necessity required the acquisition by condemnation of the Property, located within the
alignment of the Project;
- the use of the Property will be a public use; and
- the Real Estate Division of the Property Management Department is authorized to acquire by
negotiation the Property needed for the Project.
WHEREAS, negotiations between the City of Fort Worth and the property owners, Akard
Properties 2001, LLC, were unsuccessful due to inability to negotiate agreeable terms for the property
interest being acquired by the City of Fort Worth; and
WHEREAS, on this 131h day of January, 2026, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Nettles, to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent
domain to acquire .5018 acres of land in Permanent Easement and approximately 1.3336 acres for a
Temporary Easement Acquisition from real property owned by Akard Properties 2001, LLC. The subject
property is located at 11300 South Freeway, in the Phillips, James E. Survey, Abstract 1232 Tract 1 B,
City of Fort Worth, Tarrant County, Texas. The land rights in the subject property are needed for the water
transmission main improvements on the Southside II Water Transmission Main project.
The property interest to be acquired is described by metes and bounds and depicted by survey
exhibits attached to this Mayor and Council Communication."
Seconded by Councilmember Peoples, duly put and carried: RESOLUTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
The City of Fort Worth, Texas, is authorized to use the power of eminent domain to acquire the
Property for the public use and inclusion in the Project; and
The City Attorney be and is hereby authorized and directed to file or cause to be filed, to spend all
reasonable and necessary legal expenses, and to carry through to final judgment proceedings in eminent
domain for the acquisition of the property interest listed above and attached to the M&C.
Adopted this IOth day of February, 2026.
ATTEST:
By:
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Jannette S. Goodall, City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/10/26 M&C FILE NUMBER: M&C 26-0119
LOG NAME: 21 CONDEMN 103649 P 5.4 & 5.6 SOUTHSIDE II CROWLEY 3 - AKARD
SUBJECT
(CD 8) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.5018 Acres in Permanent Easement and Approximately
1.3336 Acres for a Temporary Construction Easement Interest for Real Property Owned by Akard Acquisitions 2001 LLC, Located at 11300 South
Freeway, Fort Worth, Tarrant County, Texas in the Phillips, James E Survey, Abstract No. 1232, Tract 1 B, City of Fort Worth, Tarrant County, Texas,
for the Southside II Water Main Alignment Study - City Transmission Main Project
RECOMMENDATION:
It is recommended that the City Council:
Declare that negotiations between the City and the property owner to acquire 0.5018 acres in permanent water easement and approximately
1.3336 acres for a temporary construction easement interest for real property owned by Akard Acquisition 2001 LLC, Located at 11300
South Freeway, Fort Worth, in the Phillip, James E Survey, Abstract No. 1232 Tract 1 B, City of Fort Worth, Tarrant County, Texas, 76140
were unsuccessful due to the inability to negotiate agreeable terms for the property interest being acquired by the City;
Declare the necessity to acquire the described property interest for the Southside II Water Main Alignment Study — City Main project (City
Project No. 103649);
Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the
property owner;
Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and
Authorize the City Manager or his designee to accept and record the appropriate instruments.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to recommend that the City Council authorize the use of eminent domain to
acquire 0.5018 acres in permanent easement and approximately 1.3336 acres for a temporary construction easement interest for real property
owned by Akard Acquisition 2001 LLC, located at 11300 South Freeway, Fort Worth, Tarrant County, Texas for the Southside II Water Main
project, (City Project No. 103649).
The land rights in the subject property are needed to provide additional water capacity to support the rapid growth in Fort Worth and the City of
Crowley, who is a wholesale customer of Fort Worth (City Project No. 103649). The project includes the installation of approximately 7,750 linear
feet of 24-inch water transmission main. Sections of the water main will be constructed by methods other than the open cut, including the crossings
of West Rendon Crowley Road, Hemphill Street, Union Pacific Railroad, and Interstate Highway 35W. The remainder of the project will be installed
by open cut at an average depth around 6-8 feet to top of pipe. The project is anticipated to begin construction in fall of 2026.
An independent appraisal established the property's fair market value of the Permanent Sewer Easement and Temporary Construction Easement
Acquisition in the total amount of $29,311.00. 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.
Parcel
No.
Improved Subject Property
Legal Description
P5.4 & PHILLIPS, JAMES E SURVEY Abstract 1232 Tract 113, CITY OF FORT WORTH, TARRANT
5.6 COUNTY, TEXAS
Acreage / Property Interest
0.5018 Acres / Permanent Easement
Interest
1.3336 Acres / Temporary Easement
Interest
To approve this 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 .5018 acres of land in
Permanent Easement and approximately 1.3336 acres for a Temporary Easement Acquisition from real property owned by Akard Properties
2001, LLC. The subject property is located at 11300 South Freeway, in the Phillips, James E. Survey, Abstract 1232 Tract 1 B, City of Fort Worth,
Tarrant County, Texas. The land rights in the subject property are needed for the water transmission main improvements on the Southside 11 Water
Transmission Main project.
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 W&S Revenue Bonds Series 2023 Fund for the purpose of funding the Southside II Water Main Alignment Study - City
Main Project, as appropriated.
This property is located in COUNCIL DISTRICT 8.
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 W&S Rev Bonds Series
2023 Fund within the SS II W Main Align (Study) Project to support the approval of the above recommendation(s) and award of the contract. Prior
to any expenditure being incurred, the Property Management 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
Janice Holmes 6349