Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire a Permanent Sewer Facility Easement in Approximately 1.255 Acres of Land and a Temporary Construction Easement in Approximately 0.547 Acres of Land Owned by Conglomerate Gas II, L.P. Located in Abstract No. 776, J.W. Haynes Survey, and Abstract 195 John H. Bostick Survey, Tarrant County, Fort Worth, Texas, for the Rock Creek Ranch/Tarleton State University Mixed Use Development Project (COUNCIL DISTRICT 6)

It is recommended that the City Council:

1. Declare that negotiations between the City and the landowner to acquire a permanent sewer facility easement in approximately 1.255 acres of land and a temporary construction easement in approximately 0.547 acres on land owned by Conglomerate Gas II, L.P., located west of the Chisolm Trail Parkway and Old Granbury Road in Abstract No. 776, J.W. Haynes Survey and Abstract 195, John H. Bostick Survey, Tarrant County, Fort Worth, Texas, were unsuccessful due to the inability to reach a mutually agreed upon value for the property interest being acquired by the City;

2. Declare the necessity to acquire the permanent sewer facility and temporary construction easement interests for the Rock Creek Ranch/Tarleton State University Mixed Use Development Project;

3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for the public use for the Rock Creek Ranch/Tarleton State University Mixed Use Development Project;

4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described permanent sewer facility and temporary construction easement interests 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 appropriate instruments.

Under the Developer Funding Agreement (City Secretary Contract No. 49999), executed November 23, 2017, the land rights in the subject property are needed in order to promote safe, orderly and sanitary development in anticipation of the construction of a mixed-use development that includes a Tarleton State University satellite campus and the extension of a sanitary sewer line from the campus to a future lift station located downstream of the property.

An independent appraisal established fair market value for the permanent and temporary easements in the total amount of $9,579.00. Negotiations were unsuccessful due to the inability to reach a mutually agreed upon value for the property interest being acquired by the City. Upon approval, a Special Commissioners' hearing will be brought to acquire the permanent sewer facility easement and temporary construction easement on the property.

Property Interest	Appraised Offer Amount
Permanent Sewer Easement (1.255 acres) Temporary Construction Easement (0.547 acres)	$8,157.00 $1,422.00
Total Compensation	$9,579.00

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 permanent sewer facility easement interest in 1.255 acres of land and a temporary construction easement in 0.547 acres of land from property owned by Conglomerate Gas II, L.P. The property is needed for the Rock Creek Ranch/Tarleton State University Mixed Use Development Project and is located west of the Chisolm Trail Parkway and Old Granbury Road, in Abstract No. 776, J.W. Haynes Survey, and Abstract 195 John H. Bostick Survey, Tarrant County, Fort Worth, Texas. The property is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication.
This property is located in COUNCIL DISTRICT 6.

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