M&C Review


COUNCIL ACTION:  Approved on 3/21/2017 - Resolution No. 4762-03-2017

DATE: 3/21/2017 REFERENCE NO.: L-16014 LOG NAME: 21PMD 2239-06-CONDEMN-R
CODE: L TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:  

Amend Mayor and Council Communication L-15861 to Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Fee Simple Interest in 0.806 Acres of Land for Right-of-Way, 0.407 Acres for a Temporary Construction Easement and 0.046 Acres for a Permanent Slope Easement from Property Owned by 2201 Risinger, LLC, and Pamela L. Anderson, Trustee of the Anderson Marital Trust, Located at 2201 West Risinger Road for the Risinger Road from Crowley Road to McCart Avenue Project (2014 BOND PROGRAM) (COUNCIL DISTRICT 6)


RECOMMENDATION:

It is recommended that the City Council:

1.  Amend Mayor and Council Communication L-15861 to adopt the resolution authorizing condemnation by eminent domain to acquire a fee simple interest in 0.806 acres of land for right-of-way, 0.407 acres for a temporary construction easement and 0.046 acres for a permanent slope easement from property owned by 2201 Risinger, LLC, and Pamela L. Anderson, Trustee of the Anderson Marital Trust, located at 2201 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 0.806 acres of land for right-of-way, 0.407 acres for a temporary construction easement and 0.046 acres for a permanent slope easement from property owned by 2201 Risinger, LLC, and Pamela L. Anderson, Trustee of the Anderson Marital Trust, located at 2201 West Risinger Road, Fort Worth, Texas, were unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being acquired by the City;

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.

 
DISCUSSION:

On January 26, 2016, (M&C L-15861) the City Council authorized condemnation by eminent domain to acquire a fee simple interest on 0.806 acres for right-of-way and 0.446 acres for a temporary construction easement for the Risinger Road from Crowley Road to McCart Avenue Project. However, since M&C L-15861 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-15861 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.

Staff made revised initial and final offers according to the new appraised value of $445,472.00. Negotiations were unsuccessful due to the inability to reach a mutually agreed upon value for the property interests being acquired by the City. 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 slope easement and temporary construction easement on the property as shown below. Funds are available in the 2014 Bond Program Fund.

Parcel No.

Address/Legal Description

Type of Property/ Acres

6

2201 West Risinger Road, Abstract No. 1743, Jacob Wilcox Survey

Fee Simple/0.806 Acres
6 - TCE

2201 West Risinger Road, Abstract No. 1743, Jacob Wilcox Survey

Temporary-Construction Easement/0.407 Acres
6 -PSE

2201 West Risinger Road, Abstract No. 1743,  Jacob Wilcox Survey

Permanent Slope Easement/ 0.046 Acres

Because the property interests sought by the City through eminent domain have changed from those originally authorized under M&C L-15861, 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 0.806 acres of land for right-of-way, 0.407 acres for a temporary construction easement, and 0.046 acres for a permanent slope easement from property owned by 2201 Risinger, LLC, and Pamela L. Anderson, Trustee of the Anderson Marital Trust. The tract of land is located in Abstract No. 1743,  Jacob Wilcox Survey, Tarrant County, Texas, also known as 2201 West Risinger Road. The land rights are needed and will be used for 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.

This property is located in COUNCIL DISTRICT 6, Mapsco 431.

This M&C does not request approval of a contract with a business entity.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that upon approval of the above recommendations and Award of Commissioners, funds are available in the 2014 Bond Program.

TO
    Fund Department
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Account Project
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Program Activity Budget
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Reference #
(Chartfield 2)
Amount

FROM
    Fund Department
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Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

Submitted for City Manager's Office by:
Jay Chapa (5804)
Originating Department Head:
Steve Cooke (5134)
Additional Information Contact:
Ricky Salazar (5166)

 
 
ATTACHMENTS
  06 - RESOLUTION - R.docx
  2239 P6.pdf
  P6 FEE.pdf
  P6 PSE .pdf
  P6 TCE .pdf