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Home My WebLink About6290-03-2026 - City Council - ResolutionA Resolution NO.6290-03-2026 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 March 31, 2026, in M&C 26-0242, ordered and decreed that a public necessity existed to acquire 2.704 acres of land in Permanent Sewer Easement and approximately 2.625 acres for a Temporary Construction Easement from Real Property Owned by the Chapin Holdings LLC., Located at 4501 W. Loop 820 South, Thomas G. Zachary Survey, Abstract No 1759, City of Benbrook, Tarrant County, Texas, as described in the exhibits attached to the above -referenced M&C; those exhibits are incorporated herein for all purposes (the "Property"); WHEREAS, the Fort Worth City Council has determined that: - the Property is needed for Mary's Creek Force Main (the "Project"); - the land rights in the Property are needed to transport wastewater to the future Mary's Creek reclamation facility; - public necessity required the acquisition by condemnation of the Property, located within the alignment of the Project; - the use of the Property will be a public use; and - the Real Estate Division of the Property Management Department is authorized to acquire by negotiation the Property needed for the Project. WHEREAS, negotiations between the City of Fort Worth and the property owners, Chapin Holdings 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 31 st day of March 2026, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Crain, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire the following: • 4.620 acres in Permanent Easement; 1.544 acres in Temporary Easement at 9513 Chapin Road in the L.B Creswell Survey, Abstract No. 367 and the John Bursey Survey, Abstract No. 128, City of Benbrook, Tarrant County, Texas, owned by Andrews 440 Ranch LP. • 2.704 acres in Permanent Easement; 2.625 acres in Temporary Easement at 4501 West Loop 820 South in the T.G. Zachary Survey, Abstract No 1759, City of Benbrook, Tarrant County, Texas owned by Chapin Holdings LLC. The land rights in the subject property are needed for the Mary's Creek Force Main Project, a public use that provides for transporting wastewater to the future Mary's Creek Water Reclamation Facility in order to treat wastewater produced in the rapidly developing western part of the City. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication. This motion indicates that the first record vote applies to all units of property to be condemned and the minutes shall reflect that the first vote applies to all those units." Seconded by Councilmember 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 31 st day of March 2026 ATTEST: By: U Jannette S. Goodall, City Secretary OR 00p0O0pTi d�tF� A� o0 0 �� o00 00= c3(�dd .000000 ICY d�a� SEX AS-o�p City of Fort Worth, Texas Mayor and Council Communication DATE: 03/31/26 M&C FILE NUMBER: M&C 26-0242 LOG NAME: 21AMEND CONDEMN 103648 P20 MARYS CREEK FORCEMAIN- CHAPIN SUBJECT (Near CD 3) Adopt Amended Resolution Authorizing Condemnation 25-1171 by Eminent Domain to Acquire 2.704 Acres in Permanent Easement and Approximately 2.625 Acres for a Temporary Construction Easement Interest from Real Property Owned by Chapin Holdings LLC, Located at 4501 West Loop 820 South, Benbrook, Tarrant County, Texas in the T.G. Zachary Survey, Abstract No. 1759, City of Benbrook, Tarrant County, Texas, for the Mary's Creek Force Main Project RECOMMENDATION: It is recommended that the City Council: 1. Amend and adopt resolution authorizing condemnation 25-1171 by eminent domain to acquire 2.704 acres Permanent Easement and approximately 2.625 acres for a Temporary Construction Easement Interest from real property owned by Chapin Holdings LLC., located at 4501 West Loop 820 South, Benbrook, Tarrant County, Texas in the T.G. Zachary Survey, Abstract No. 1759 City of Benbrook, Tarrant County, Texas, for the Mary's Creek Force Main project; 2. Declare the necessity to acquire the described property interest for the Mary's Creek Force Main project (City Project No. 103648); 3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use; 4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the property owner; 5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and 6. Authorize the City Manager or his Designee to accept and record the appropriate instruments. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to amend and adopt Resolution 25-1171 authorizing the use of eminent domain to acquire a 2.704 acre Permanent Easement and approximately 2.625 acres for a Temporary Construction Easement from property owned by Chapin Holdings LLC, located at 4501 West Loop 820 South, Benbrook, Tarrant County, Texas, for the Mary's Creek Force Main project. On December 9, 2025, M&C No. 25-1171 authorized the condemnation of land for the Mary's Creek Force Main project (City Project No. 103648) Subsequent to approval of M&C No. 25-1171, it was discovered that the exhibits incorrectly identified the property as being located in the City of Fort Worth; the correct location is the City of Benbrook. The project will transport wastewater to the future Mary's Creek Water Reclamation Facility in order to treat wastewater produced in the rapidly developing western part for the City and source high -quality reclaimed water for future businesses and industries in the area. An independent appraisal established the property's fair market value of the Permanent Sewer Easement and Temporary Construction Easement Acquisition in the total amount of $257,700.00. 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 Legal Description Acreage / Property Interest No. 2.704 Acres / Permanent T.G. Zachary Survey, ABST. No. 1759, CITY OF BENBROOK, Easement Interest 20 TARRANT COUNTY, TEXAS 2.625 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 2.704 acres of land in Permanent Easement and approximately 2.625 acres for a Temporary Easement Acquisition from real property owned by Chapin Holdings LLC. The subject property is located at 4501 West Loop 820 South, in the T.G. Zachary Survey, ABST. No. 1759, City of Benbrook, Tarrant County, Texas. The land rights in the subject property are needed for the Mary's Creek Force Main, a public use that provides for transporting wastewater to the future Mary's Creek Water Reclamation Facility in order to treat wastewater produced in the rapidly developing western part of the City. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Funding is budgeted in the Water & Sewer Bond 2017A Fund for the Water Department for the purpose of funding the MC LS Site & FM Align project, as appropriated. The property is located near COUNCIL DISTRICT 3. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Water & Sewer Bond 2017A Fund for the MC LS Site & FM Align project to support approval of the above recommendations and acquisition of easements. Prior to any expenditure being incurred, the Property Management and Transportation and Public Works Departments have the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Valerie Washington 6199 Oriainatina Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Stuart Young 8379