Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 7.42 Acres in Fee Simple, 0.33 Acres for a Permanent  Access Easement, and 9.16 Acres in Temporary Construction Easements from Property Owned by the J.E. Beggs Trust, Located Approximately Three Miles North-Northwest from the Intersection of Interstate Highway 20 (I-20) and Farmer Road (FM 3325) in Parker County, Texas, for the Westside V Elevated Storage Tank and Water Main Project (PROPERTY LOCATED IN ETJ NEAR COUNCIL DISTRICT 3)

It is recommended that the City Council:

1.  Declare that negotiations between the City and the landowner to acquire 7.42 acres in fee simple, 0.33 acres for a permanent access easement and 9.16 acres in temporary construction easements from property owned by J.E. Beggs Trust and located within the City's extraterritorial jurisdiction (ETJ) in the J. M. Riggs Survey, Abstract No. 2616; the E. Gillis Survey, Section 8, Abstract No. 2492; and the H.T. & B.R.R. Co. Survey, Section 7, Abstract No. 646, in Parker County, Texas, located approximately three miles north-northwest from the intersection of Interstate Highway 20 (I-20) and Farmer Road (FM 3325) in Parker County, 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 various property interests for the Westside V Elevated Storage Tank and Water Main 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 Westside V Elevated Storage Tank and Water Main Project;

4.  Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property 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 the appropriate instruments.

The land rights in the subject property are needed for growth improvements within west Fort Worth and its ETJ which require the installation of pump stations, water storage facilities and transmission mains in order to provide reliable water service to existing and proposed developments and as required for compliance with state regulations related to public water systems and operations.  The transmission main will connect the proposed elevated storage tank to the booster pump station and the water infrastructure installed as part of the Morningstar Development.  An independent appraisal established fair market value for the various property interests in the total amount of $231,500.00.

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 various property interests on the property.

  

Fee Acquisition Water Tank Site   Fee Acquisition Water Line	1.01 Acres 6.41 Acres          7.42 Total Acres
50' Temporary Construction Easement 10' Temporary Construction Easement   24' Temporary Construction/Access Easement	.97 Acres               1.62 Acres               6.57 Acres              9.16 Total Acres
Permanent Access Easement	0.33 Acres

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 7.42 acres in fee simple, 0.33 acres for a permanent access easement, and 9.16 acres in temporary construction easements from property owned by the J.E. Beggs Trust, and located in the J. M. Riggs Survey, Abstract No. 2616; the E. Gillis Survey, Section 8, Abstract No. 2492; and the H.T. & B.R.R. Co. Survey, Section 7, Abstract No. 646, in Parker County, Texas, located approximately three miles north-northwest from the intersection of Interstate Highway 20 and Farmer Road (FM 3325) in Parker County, Texas.  The property is needed for the Westside V Elevated Storage Tank and Water Main Project.  The property is further described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication.  

This property is located in the City's ETJ near COUNCIL DISTRICT 3.

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