It is recommended that the City Council:

1. Amend Mayor and Council Communication L-15865 to adopt the resolution authorizing condemnation by eminent domain to acquire a fee simple interest in 0.301 acres of land for right-of-way, 0.241 acres for a temporary construction easement, and 0.041 acres for a permanent slope easement from property owned by Southwest Metal Treating Corporation, L.L.C. a/k/a Southwest Metal Treating Corporation located at 2200 West Risinger Road for the Risinger Road from Crowley Road to McCart Avenue Project;

2. Declare the necessity to acquire the fee simple interest, temporary construction easement, and permanent slope easement for the Risinger Road from Crowley Road to McCart Avenue Project;

3. Declare the negotiations between the City and the landowner to acquire a fee simple interest in 0.301 acres of land for right-of-way, 0.241 acres for a temporary construction easement, and 0.041 acres for a permanent slope easement from the property owned by Southwest Metal Treating Corporation, L.L.C. located at 2200 West Risinger Road, Fort Worth, Texas, were unsuccessful due to the owner's failure to respond to the City's final offer;

4. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use in the Risinger Road from Crowley Road to McCart Avenue Project;

5. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described fee simple interest, temporary construction easement, and permanent slope easement from the property owner;

6. Authorize a payment pursuant to an award of commissioners or a negotiated settlement; and

7. Authorize the City Manager or his designee to accept and record appropriate instruments.

On February 2, 2016 (M&C L-15865), the City Council authorized condemnation by eminent domain to acquire a fee simple interest on 0.301 acres for right-of-way and 0.285 acres for a temporary construction easement for the Risinger Road from Crowley Road to McCart Avenue Project. Based on an independent appraisal related to that acquisition, the City offered $235,015.00 to acquire the property, which was not accepted by the property owner. However, since M&C L-15865 was approved, Engineering design changes resulted in a decrease in acreage needed for the temporary construction easement and created a requirement for a permanent slope easement. Therefore, staff is recommending that M&C L-15865 be amended to decrease the acreage of the Temporary Construction Easement and include the interest needed for the Permanent Slope Easement.

The land rights in the subject property are required in order to construct the improvements in accordance to new design standards, and to widen and expand Risinger Road from Crowley Road to McCart Avenue. The improvements will promote safety and efficient traffic flow on Risinger Road.

City staff made revised initial and final offers according to the new appraised value of $278,197.00. Negotiations were unsuccessful due to the owner's failure to respond to the City's final offer. Upon approval, a Special Commissioners' hearing will be brought to acquire the fee simple interest, temporary construction easement, and permanent slope easement on the property.  Although City Council action is required to move forward with condemnation, in order to meet the capital project delivery schedule, staff will continue attempts to negotiate in good faith with the landowner until such time as the hearing is scheduled.

The mineral estate will not be acquired. The judgment will contain a surface waiver for the exploration of the mineral estate. Upon City Council approval, staff will proceed with acquiring the needed fee simple interest, permanent and temporary construction easements on the property as shown below. Funds are available in the 2014 Bond Program Fund.

Parcel No.	Address/Legal Description	Type of Property/Acres
7	2200 West Risinger Road, Abstract No. 407, Tract 4c, E. B. Dishman Survey	Fee Simple Interest/ 0.301 Acres
7-TCE	2200 West Risinger Road, Abstract No. 407, Tract 4c, E. B. Dishman Survey	Temporary-Construction Easement/ 0.241 Acres
7-PSE	2200 West Risinger Road, Abstract No. 407, Tract 4c, E. B. Dishman Survey	Permanent Slope Easement/ 0.041 Acres

Because the property interests sought by the City through eminent domain have changed from those originally authorized under M&C L-15865, to approve this Mayor and Council Communication, 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 0.301 acres of land for right-of-way, 0.241 acres for a temporary construction easement, and 0.041 acres for a permanent slope easement from property owned by Southwest Metal Treating Corporation, L.L.C. The tract of land is located in Abstract No. 407, Tract 4c, E. B. Dishman Survey, Tarrant County, Texas, also known as 2200 West Risinger Road. The land rights are needed and will be used to construct improvements for the Risinger Road from Crowley Road to McCart Avenue Project, a public use. The interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication (M&C).

This project will be funded through the 2014 Bond Program.  Available resources within the General Fund will be used to provide interim financing for these expenditures until debt is issued.  Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvasing the bond election and subsequent ordinances approving debt issuance.