HomeMy WebLinkAboutRes 91-11 Determining the Necessity of Acquiring Land for Right-of-Way PurposesRESOLUTION NO.11-91
A RESOLUTION DETERMINING THE NECESSITY OF ACQUIRING APPROXIMATELY
0.029 ACRES OF LAND FOR RIGHT--OF--WAY PURPOSES LOCATED IN DENTON
COUNTY, ALL WITHIN THE TOWN OF TROPHY CLUB, TEXAS.
WHEREAS, the State of Texas Department of Transportation
has deemed it necessary to make certain improvements to State
Highway 114 in the Town of Westlake and the Town of Westlake and
the Town of Trophy Club approved State of Texas Department of
Highways and Public Transportation Minute Order 86418 dated October
28, 1987, in regard to such highway improvements; and
WHEREAS, the State Department of Transportation has
requested that the Town of Westlake provide the right -of way and
easements required by the construction project in regard to the
improvements to State Highway 114 within the Town's corporate
limits as well as within the corporate limits of Trophy Club; and
WHEREAS, the Town of Trophy Club has appointed the Town
of Westlake as Trophy Club's agent for acquiring right-of-way and
easements in regard to property that is within Trophy Club; and
WHEREAS, the State Department of Transportation and the
Town of Westlake have entered into a Contractual Agreement for
Right of Way Procurement; and
WHEREAS, the Town of Westlake desires to acquire said
right-of-way as described on the Exhibit attached hereto, NOW,
THEREFORE,
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS:
I.
That it has been determined that public necessity
requires the acquisition of certain interests in land needed for
the construction improvements to State Highway 114, to -wit:
Approximately 0.029 acres of land located in
Denton County, for right-of-way, all in the
Town of Trophy Club, Texas.
as described in Exhibit "A" attached hereto and made a part hereof
for all intents and purposes.
II.
It is hereby determined that a bona fide offer has been
made by the Town Attorney to the following owner or interest
holder:
INDEPENDENT AMERICAN DEVELOPMENT COPORATION
C/O THOMAS M. GAUBERT
1545 W. MOCKINGBIRD LANE, SUITE 7000
DALLAS, TEXAS 75235
and that if the Town Attorney acting on behalf of the Town of
Westlake and the Town of Trophy Club and such owner or interest
holder cannot agree and are unable to agree as to the value of said
property and to damages legally allowable by law, said property
shall be condemned as authorized below.
The authority to make said offer is in all things
approved, ratified and confirmed.
IV.
The Town of Westlake hereby determines to appropriate and
condemn the interest described in Section I of this Resolution for
the purpose so stated, by the exercise of the power of eminent
domain set forth in Chapter 21, Property Code, V.T.C.A., and the
Constitution and Statutes of the State of Texas authorizing the
condemnation of property.
W
The Town Attorney is hereby authorized to file the
necessary suits and take whatever action necessary for the prompt
acquisition of the above-described interest in said property.
VI.
This resolution shall take effect immediately upon its
passage as provided by law.
PRESENTED AND PASSED on this the Zl a- day of November, 1991, by a
vote of �- ayes and o nays at a Board meeting of the Board of
Aldermen of the Town of Westlake, Texas.
Dale L. White, Mayor
Town of Westlake, Texas
ATTEST:
` � r
GerYy Whi e, Town Secretary
Town of Westlake, Texas
APPROVED AS TO LEGAL FORM:
L�T) '� �40X-
r Paul C. Ysham, Town Attorney
Town of Westlake, Texas
373-23.010\065.res