HomeMy WebLinkAboutRES 1994-049 �,,�
RESOLUTION NO. 94-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF
ACQUIRING FEE SIMPLE TITLE AND EASEMENTS UNDER,
OVER AND ACROSS THE HEREINAFTER DESCRIBED
LAND, AND AUTHORIZING ITS CONDEMNATION AND/OR
APPROPRIATION TO BE USED IN CONNECTION WITH THE
RECONSTRUCTION AND WIDENING OF HALL-JOHNSON
ROAD; AND PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1 . That it is hereby determined that public necessity requires the
reconstruction and widening of Hall-Johnson Road and the City of Grapevine should
acquire fee simple title and easements under, over and across the land necessary for
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said project.
Section 2. That the property described in the attached Exhibit "A", attached
�� hereto and incorporated herein for all purposes, is hereby determined to be necessary
for the above mentioned project. That for the purpose of acquiring fee simple title and
easements, under, over and across said property, the Director of Public Works or such
employee as he may designate, is hereby authorized and directed to offer the sum of
Fifty-five Thousand Dollars (555,000.00) for the hereinafter described property as
payment for fee simple title and the easements acquired and full damages allowable
by law, which amount represents the fair cash market value of said easements and
the land to be acquired.
Section 3. That the City of Grapevine determines to appropriate fee simple title
and easements under, over and across said property for the purpose of reconstructing
and widening of Hall-Johnson Road, as authorized under the laws of the State of
Texas and the provisions of the Charter of the City of Grapevine.
Section 4. That the owner or party claiming an interest in said property, and
the legal description thereof, are as follows:
Cecil J. Koonce, II and any and all lien holders.
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�,� Section 5. That in the event the property owner accepts the offer made as
authorized herein, the Director of Finance be and is hereby authorized to draw a
warrant in favor of the above named, in the amount of Fifty-five Thousand Dollars
� (555,000.00). This sum represents compensation for the fee title, permanent
easements, and the temporary construction easement to the property, less oil, gas
and sulphur. The total offer represents Fifty-five Thousand Dollars (555,000.00) for
the fee title and easements and Zero Dollars for damages to the remaining property.
Section 6. That the necessary instruments of conveyance be approved by the
City Attorney as to form and subsequently filed with the County Clerk and returned
to the City Secretary for permanent record.
Section 7. That the City is to have possession of the property on closing.
Section 8. Should the employee designated to make the official offer report to
the City Attorney that the hereinabove named property owner has refused to accept
the sum of money offered by the City of Grapevine as compensation for the taking of
subject land from said owner under the laws of eminent domain, which amount the
City Council deems to be fair cash marl<et value and just compensation, in compliance
with the laws of the State of Texas, this will be evidence that the City of Grapevine
cannot agree with the property owner as to the damages legally allowable by law.
In such case, the City Attorney is authorized and requested to file the necessary
'`'�� suit(s) and take the necessary action for the prompt acquisition of said property in
condemnation or in any manner provided by law.
Section 9. That should it be subsequently determined that additional persons
other than those named herein have an interest in said property, then and in that
event, the City Attorney is authorized and directed to join said parties as Defendants
in said condemnation suitlsl.
Section 10. That this resolution shall take effect from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of November , 1994.
APPROVED:
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William D. Tate
Mayor
� ATTEST:
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Lin a Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
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RES. N0. g4-49 3