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Home My WebLink AboutRES 1985-043 RESOLUTION NO. 85-43 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE HALL-JOHNSON VENTURE; PROVIDING FOR THE ACQUISITION OF AN EASEMENT AIvD REIMBURSEMENT OF THE COSTS OF ACQUIRING THE SAME �.,,_ WHEREAS , the City of Grapevine, Texas (the "City") is a home �s;� rule city pursuant to Article 11 , Section 5 of the Constitution of the State of Texas and Tex. Rev. Civ. Stat. Ann. Art. 1165 et seq (Vernon 1963) ; and WHEREAS, the City is empowered by Tex. Rev. Civ. Stat. Ann. Art. 1175 (Vernon 1963) to appropriate by eminent domain private property for public purposes whenever the City shall deem it necessary; and WHEREAS, the City, having approved the plans and specifica- tions submitted by Hall-Johnson Venture for a development known as "Yorkshire Meadows" (the "Development") , desires to encourage the completion of the Development; and WHEREAS, the City and the Developer agree that an easement (the "Easement") must be acquired by the City and certain drain- age and channel improvement work done in order to ensure proper drainage from the Development and to insure the health, safety and welfare of the citizens of Grapevine; and WHEREAS , the Developer has agreed to reimburse the City for any and all charges, fees or costs incurred by the City in the '"'" acquisition of the Easement. �:.., NOLV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section l . That the matters contained in the preamble are incorporated herein in their entirety. Section 2 . That the Mayor, or in his absence or disability the City Manager, is hereby authorized to enter into an Agree- ment, attached hereto as Exhibit "A" and incorporated herein for all purposes , with the Hall-Johnson Venture (the "Developer") for the acquisition by the City of an Easement, more fully described in the attached Exhibit "1" , which Exhibit is incorporated herein for all purposes, and for the reimbursement by the Developer of any and all charges , fees and other costs incurred by the City in the acquisition of said Easement. Section 3 . That the City of Grapevine and the Developer will work together in assuring adequate drainage from the York- shire Meadows Development being developed and constructed by the + Developer. Section 4 . That this resolution shall take effect immedi- �° ` ately from and after its passage. Section 5 . That the City Secretary is hereby authorized to �.,� furnish copies of this resolution to all interested parties . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of September, 1985 . APPROVED: ��c'.%;%� G� N!uycr _____-- - ATTEST: �� Cit Secretary � APPROVED AS TO FORM: �: , �...� City Attorney ,�:..,, pi:; .. �r;..s EXHIBIT "A" STATE OF TEXAS � EASEMENT ACQUISITION AND COUNTY OF TARRANT § REIMBURSEMENT AGREEMENT WHEREAS , the City of Grapevine, Texas (the "City") is a home �== rule city pursuant to Article 11 , Section 5 of the Constitution of the State of Texas and Tex. Rev. Civ. Stat. Ann. Art. 1165 et seq (Verr.on 1963) ; and �;.,.. WHEREAS, the City is empowered by Tex. Rev. Civ. Stat. Ann. Art. 1175 (Vernon 1963) to appropriate by eminent domain private property for public purposes whenever the City shall deem it necessary; and WHEREAS, the Hall-Johnson Venture (the "Developer") is a developer in the City of Grapevine, Texas, constructing a develop- ment known as Yorkshire Nieadows (the "Development") ; and WHEREAS , the Development being developed may not be acti- vated until proper drainage is secured; and WHEREAS, the Developer has erected and installed a storm sewer to aid in the drainage of the area within which the Develop- ment is located; and WHEREAS, the storm sewer will not properly drain the sur- rounding property without channel improvement and other work being performed, which work will require the acquisition of an easement as fully described on the attached Exhibit "1" , (the ,�,.�e Easement") ; and WHEREAS, the City has agreed to acquire the Easement neces- �, sary to ensure proper drainage from the Development; and WHEREAS, the City and the Developer desire to enter into this Contract and Agreement relating to the acquisition by the City of the Easement and the reimbursement by the Developer of all costs, charges and fees incurred by the City in acquiring the Easement. NOW, THEREFORE, for and in consideration of the mutual promises contained herein and the mutual benefits flowing to both the City and the Developer, the receipt and sufficiency of which is hereby acknowledged, the City and the Developer do CONTRACT, COVENANT, WARRANT, AND AGREE as follows : I. All matters contained in the preamble of this Agreement are adopted herein and made a part of this Agreement and incor- porated herein in their entirety. II . The City agrees to acquire, by exercising its power of eminent domain if necessary, the Easement described in the � ' attached Exhibit "1'° , which Exhibit is attached hereto and incorporated herein for all purposes, for the purpose of provid- ing adequate drainage to the area surrounding the Easement, �:, � including the area comprising the Development. III . The Developer hereby agrees to reimburse the City for any and all reasonable costs related to the acquisition of the Easement as described on the attached Exhibit "1" , including, but not limited to, court costs , including all costs incurred as a result of a Special Commissioners ' hearing on the condemnation, attorneys fees, land acquisition costs and any and all other fees, charges or costs, judgments and agreed settlement costs , which the City may incur in acquiring the Easement. IV. The Developer agrees to pay the City all such fees, charges, costs, settlement costs and judgments incurred or to be incurred by the City relative to the acquisition of the Easement within ten (10) days after receipt of a statement from the City detailing the same . V. The Developer hereby acknowledges that should the City, in acquiring the Easement, be required to initiate condemnation proceedings, and upon an award relating to the value of the �- Easement being made by the Special Commissioners, the City would be required to deposit the award into the registry of the Court so as to be entitled to take possession of the Easement. Devel- oper agrees that it will, within three (3) days of the date of � X the Special Commissioners ' award, provide to the City funds equal to the amount of the award which the City shall deposit into the registry of the Court, even though an appeal of the Special Commissioners ' award may be taken from such Special Commis- sioners ' award. VI . The Developer does hereby release, relieve, quitclaim and hold harmless , fully indemnify and agree to defend the City from any and all claims, damages, injuries, lawsuits, judgments, or causes of action of any type arising out of this Agreement or any reascnable action taken pursuant thereto. A. Venue for any proceedings under this Agreement shall be in Tarrant County, Texas. B. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconsti- tutional or void for any reason, the balance of the contract shall remain in full force and effect, and the parties shall be cieemed to have contracted as if said clause, section, paragraph �,_, or portion had not been in the Agreement initially. C. This Agreement shall be filed for record in the �s.>-> Deed Records of Tarrant County, Texas, and be deemed a covenant running with the land. EXECUTEB this 3rd day of Se,ptember , 1985 . CITY OF GRAPEVINE, TEXAS B Title: _ Ma�or HALL-JOHNSON VENTURE By: • � �,..... T i tl e: ��irl�1''�'/�'_, �.� EXHIBIT "1" ,�: � � DRAINAGE EASEMENT BEING a tract of land situated in the J . W. Haynes Survey, Abstract No. 788 , in the City of Grapevine , Tarrant County, Texas, and beinq a portion of that certain tract of land conveyed to Richard M. Biggar as recorded in Volume 6277 , Page 810 , Deed Records, Tarrant County, Texas, and being more particularly described as follows : BEGINNING at a point in the west line of said Biggar tract, said pcint being located N 00° 51 ' 00" W, 596 . 96 feet from the southwest corner of said Biggar tract; THENCE N 00° 51 ' 00" V�1, 17 . 35 feet with the west line of said Biggar tract to a point for corner; THENCE S 60° 40 ' 35" E, 49 . 74 feet to a point for corner; THENCE N 00° 51 ' 00" W, 15 . 00 feet to a point for corner; �' "` THENCE N 89° 09 ' 00" E, 239 . 50 feet to a point for corner, said point being in the east line of said Biggar tract; �.,:. THENCE S 00° 48 ' 00" E, 40 . 00 feet with said Biggar tract to a point for corner; THENCE S 89° 09 ' 00" W, 239 . 47 feet to a point for corner; THENCE N 00° 51 ' 00" W, 7 . 65 feet to a point for corner; THENCE N 60° 40 ' 35" W, 49 . 74 feet to the POINT OF BEGINNING and containing 0 . 237 acres of land. � � �.,r:�