|Official site of the City of Fort Worth, Texas|
|City Council Agenda|
|COUNCIL ACTION: Approved on 6/25/2019 - Resolution No. 5112-06-2019|
|DATE:||6/25/2019||REFERENCE NO.:||L-16243||LOG NAME:||21PMD 02505 P03 CONDEMN|
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 14.501 Acres of Land in Right-of-Way Easements, 1.2429 Acres of Land in Permanent Slope Easements, 1.0151 Acres of Land in Permanent Drainage Easements and 1.306 Acres of Land for a Temporary Construction Easement from Property Owned by COHIX, LLC, a Texas Limited Liability Company, Located in the Moses Walters Survey, Abstract No.1598, J. H. Duncan Survey, Abstract No. 398 in City of Fort Worth, Tarrant County, Texas, for the McCart Avenue/McPherson Boulevard Project (2014 Bond Program) (COUNCIL DISTRICT 6)
It is recommended that the City Council:
2. Declare the necessity to acquire the various property interests for the McCart Avenue/McPherson 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 McCart Avenue/McPherson 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 new travel lanes, intersection improvements, storm drainage improvements, sidewalks, and streetlights as necessary. An independent appraisal established fair market value for the various property interests in the total amount of $390,233.00.
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.
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 14.501 acres of land in right-of-way easements, 1.2429 acres of land in permanent slope easements, 1.0151 acres of land in permanent drainage easements and 1.306 acres of land for a temporary construction easement from property owned by COHIX, LLC, a Texas Limited Liability Company, located in the Moses Walters Survey, Abstract No.1598, J. H. Duncan Survey, Abstract No. 398 in City of Fort Worth, Tarrant County, Texas. The property is needed for the McCart Avenue/McPherson 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 Council District 6.
A Form 1295 is not required for this contract because: This M&C does not request approval of a contract with a business entity.
The Director of Finance certifies that upon approval of the above recommendations and award of commissioners, funds will be available in the current capital budget, as appropriated, of the 2014 Bond Program, McCart Avenue/McPherson Project. Property Management Department has the responsibility to validate the availability of funds prior to the expenditure of funds.
|Submitted for City Manager's Office by:||
|Originating Department Head:||
|Additional Information Contact:||
|CPN 2505 P. 3A-DE-1 Exhibit.pdf|
|CPN 2505 P. 3A-DE-3 Exhibit.pdf|
|CPN 2505 P. 3A-ROW-1 Exhibit.pdf|
|CPN 2505 P. 3A-ROW-2 Exhibit.pdf|
|CPN 2505 P. 3A-SE-1 Exhibit.pdf|
|CPN 2505 P. 3A-SE-2 Exhibit.pdf|
|CPN 2505 P. 3B-DE Exhibit.pdf|
|CPN 2505 P. 3B-ROW-2 Exhibit.pdf|
|CPN 2505 P. 3B-Row-3 Exhibit.pdf|
|CPN 2505 P. 3B-ROW-4 Exhibit.pdf|
|CPN 2505 P. 3B-SE-1 Exhibit.pdf|
|CPN 2505 P. 3B-SE-2 Exhibit.pdf|
|CPN 2505 P. 3B-SE-3 Exhibit.pdf|
|CPN 2505 P. 3B-SE-4 Exhibit.pdf|
|CPN 2505 P. 3B-SE-5 Exhibit.pdf|
|PMD Resolution for Condemnation Cohix P03.docx|
|Site Map 3A, 3B, 3C.pdf|