It is recommended that the City Council:

1.  Amend Mayor and Council Communication L-16108 to adopt the resolution authorizing  condemnation by eminent domain to acquire 1.01 acres in fee simple, 6.41 acres of water line easement rights, 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, for the Westside V Elevated Storage Tank and Water Main Project;  

2.  Declare that the negotiations between the City and the landowner were unsuccessful due to the inability to agree on a purchase price to acquire the 1.01 acres in fee simple, 6.41 acres of water line easement rights, 0.33 acres of permanent access easement rights and 9.16 acres of temporary construction easement rights;

3.  Declare the necessity to acquire the described interests in the subject property 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 landowner;

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.

On March 20, 2018 (M&C L-16108) City Council authorized condemnation by eminent domain to acquire 7.42 acres of land fee simple, 0.33 acres of land for a permanent access easement, and 9.16 acres of land for temporary construction easements from property owned by J.E. Beggs, Trust, for the Westside V Elevated Storage Tank and Water Main Project.

Subsequent to the approval of M&C L-16108 staff determined that the 6.41 acres of land originally proposed to be acquired in fee simple can instead be acquired as a water line easement.  Therefore, only 1.01 acres of land will be acquired in fee simple interest from the landowner to accommodate the elevated storage tank.  Therefore, Staff is recommending that M&C L-16108 be amended to decrease the acreage of fee simple interest and increase the acreage for the permanent water line easement.

To meet the capital project delivery schedule Staff is in the process of negotiating an agreement with the land owner for the possession and use of the needed property interests and will continue to negotiate in good faith with the landowner until such time as the Commissioner's Hearing.

Because the property interests sought by the City have changed, a new independent appraisal was performed on the property.  The City has made a revised final offer at the new appraisal value of $224,500.00.  Therefore, the compensation amount will be decided in the condemnation process through a Special Commissioner's Hearing.  Upon City Council approval, Staff will proceed in acquiring the needed fee simple interest, permanent water line easement, permanent access easement and temporary construction easements and temporary construction access easements on the property as indicated below.

The mineral estate will not be acquired and the judgment will contain a surface waiver for the exploration of the mineral estate. Funds are available in the Water Department Capital Project No. 100378

Fee Acquisition Water Tank Site   40' Permanent Water Line Easement	1.01 Acres                  6.41  Acres
50' Temporary Construction Easement 10' Temporary Construction Easement   24' Temporary Construction/Access Easement	.97  Acres                                    1.62  Acres                                    6.57  Acres
20' Permanent Access Easement	0.33  Acres

Because the property interests sought by the City through eminent domain have changed from those originally authorized under M&C L-16108, to approve this Mayor and Council Communication, the Council Member making the motion to authorize the condemnation by eminent domain should say:

I move that the Fort Worth City Council amend M&C L-16108 and adopt the resolution authorizing the use of the power of eminent domain to acquire a 1.01 acres in fee simple, 6.41 acres for a permanent water line easement, 0.33 acres for a permanent access easement and 9.16 acres in temporary construction easements from the property owned by the J.E. Beggs Trust, located within the City's extraterritorial jurisdiction 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.  The property is needed for the Westside V Elevated Storage Tank and Water Main Project.  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 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.