HomeMy WebLinkAboutRES 2002-042 RESOLUTION NO. 2002-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF
ACQUIRING FEE SIMPLE TITLE OF THE HEREINAFTER
DESCRIBED PROPERTY AND AUTHORIZING ITS
CONDEMNATION AND/OR APPROPRIATION TO BE USED
IN CONNECTION WITH THE CONSTRUCTION EFFECTIVE
DATE OF A PUBLIC PARKING LOT FACILITY 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
acquisition of the fee simple title of certain property for the construction of a public parking
lot facility and the City of Grapevine should acquire fee simple title and easements under,
over and across the land necessary for 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 of said
Property, the Director of Public Works or such employee as he may designate, is hereby
authorized and directed to offer the sum of Three Hundred Forty Eight Thousand Dollars
($348,000.00)for the hereinafter described Property as payment for fee simple title of said
Property and all improvements thereon, which amount represents the fair cash market
value of said Property to be acquired.
Section 3. That the City of Grapevine determines it necessary to appropriate fee
simple title to said Property for the purpose of construction of a parking lot facility, 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 is as
follows:
Owner: Foust Family Ltd. through Lillie L. Foust
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 Three Hundred Forty Eight Thousand
Dollars ($348,000.00). This sum represents compensation for the fee title to the property
and all improvements.
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 market 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 compensation 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 the persons 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 suit(s).
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 5th day of November, 2002.
APPROVED:
William D. Tate
Mayor
ATTEST: -5‘4O--
cam
Lin a Huff
City Secretary
RES. NO. 2002-42 2
APPROVED AS TO FORM:
John F. Boyle, Jr. 'J
City Attorney
RES. NO. 2002-42 3
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EXHIBIT. L TO ; , ' '
Page ._.1..— of ..J
EXHIBIT "A"
Block 17, Original Town of Grapevine, Texas