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Home My WebLink AboutRES 1984-050 CITY OF GRAPEVINE, TEXAS RESOLUTION NO. 84-50 e�-�� A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE GLADE CROSSINGS DEVELOPMENT, PROVIDING FOR THE ,,,�, ACQUISTION OF AN EASEMENT AND REIMBURSEMENT OF THE COSTS OF ACQUIRING THE SAME. 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 (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 specifications submitted by Crow Development Corporation, Inc. for a development known as "Glade Crossings" (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 drainage 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. 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 Easement Acquisition and Reimbursement Agreement, attached hereto as Exhibit "A" and incorporated herein for all purposes, with the Glade Crossings Development Corporation (the "Developer") for the acquisition by the City of an Easement on certain property as 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 Ease ment. . Section 3. That the City of Grapevine and the Developer will work together in assuring adequate drainage from the Glade Crossings Development �:..� being developed and constructed by the Developer. Section 4. That this resolution shall take effect immediately 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 this 20th day of November, 1984. CITY OF GRAPEVINE, TEXAS� BY: �/(/(/ Mayor ATTE:>"i': City Secretary APPROVED AS TO FORM: City Attorney EXHIBIT "A" STATE OF TEXAS § EASEMENT ACQUISITION AND COUNTY OF TARRANT § R.EIMBURSEMENT 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 (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 Glade Crossings Development Corporation (the � ` "Developer") is a developer in the City of Grapevine, Texas, constructing a development know as Glade Crossings (the "Development"); and WHEREAS, approximately fifteen (15) acres of the Development being developed may not be activated until proper drainage is secured; and WHEREAS, the Developer has erected and installed a storm sewer under Grapevine-Euless Road to aid in the drainage of the area within which the Development is located; and WHEREAS, the storm sewer will not properly drain the surrounding property without channel improvement and other work being performed, which work will require the acquisition of an easement on certain property as more fully described on the attached Exhibit "1" (the "Easement"); and WHEREAS, the City has agreed to acquire the Easement necessary 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 �:.w 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 incorporated herein in their entirety. II. The City agrees to acquire, by exercising its power of eminent domain if necessary, an Easement on the property described in the attached Exhibit "1," which Exhibit is attached hereto and incorporated herein for all purposes, for the purpose of providing 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 on that certain property 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. N. 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. Developer agrees that it will, within three (3) days of the date of 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 � Commissioners' award. VI. The Developer does hereby release, relieve, quit claim and hold � "' harmless, fully indemnify and agree to defend the City from any and all claims, damages, injuries, law suits, judgments, or causes of action of any type arising out of this Agreement or any reasonable 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, unconstitutional or void for any reason, the balance of the contract shall remain in full force and effect and the parties shall be deemed 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 Deed Records of Tarrant County, Texas, and be deemed a covenant running with the land. . EXECUTED this day of , 1984. �,, : CITY OF GRAPEVINE, TEXAS �;�„ By: GLADE CROSSINGS DEVELOPMENT CORPORATION By: �� EXHIBIT "1" � � � 20 Foot Drainage Easement ��,, :: BEING a strip of land situated in the G . W. Minter Survey, Abstract No. 1083, in the City of Grapevine, Tar- rant County, Texas, said strip of land being 20 . 00 feet in width, 10 . 00 feet either side of the following described centerline: BEGINNING at a point for corner on the east line of Euless-Grapevine Road (a 60 foot right-of-way) , said point being N 0° 11 ' 38" W, 335. 00 feet from the intersection of the said east line of Euless-Grapevine Road with the north line of Glade Road (a 50 foot right-of-way) ; THENCE N 89° 48 ' 22" E, 20 . 00 feet to a point for corner; THENCE N 67° 48 ' 22" E, 150 . 00 feet to the end of said centerline. � �.. ��.:..ar i i � i ��z.0