Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.75 Acres of Land for a Right-of-Way Easement from Property Owned by Harmon 38 Investments, L.P., a Limited Partnership, Located in William McCowen Suvery, Abstract No. 999, City of Fort Worth Tarrant County, Texas, Also Known as 8700 Harmon Road, for the Harmon Road Improvement Project (2018 Bond Program) (COUNCIL DISTRICT 7)

It is recommended that the City Council:

1. Declare that negotiations between the City and the landowner to acquire 0.75 acres of land for a right-of-way easement from property owned by Harmon 38 Investments, L.P. and located within the William McCowens Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas, also known as 8700 Harmon Road, 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 property interest for the Harmon Road Improvement 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 Harmon Road Improvement 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 through travel lanes, capacity improvements to existing major intersections, and drainage improvements, as part of the Harmon Road Improvement Project.  An independent appraisal established fair market value for the property interest in the total amount of $344,600.00.

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 condemnation suite will be filed to acquire the right-of-way easement interest in the property.

A portion of this project includes 2018 Bond funds. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the 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 canvassing the bond election (Ordinance No. 23209-05-2018).

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 total of 0.75 acres of land for a right-of-way easement from property owned by Harmon 38 Investments, L.P. and located within the William McCowens Survey, Abstract No. 999, City of Fort Worth Tarrant County, Texas, also known as 8700 Harmon Road. The property is needed for the Harmon Road Improvement 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 7.

A Form 1295 is not required for this contract because:  This M&C does not request approval of a contract with a business entity.