1992-055RESOLUTION NO. Y4 "-,.<
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
AUTHORIZING THE CITY ATTORNEY TO BRING A
CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A
DRAINAGE EASEMENT IN CONNECTION WITH THE
DEVELOPMENT OF STANHOPE ADDITION
WHEREAS, David C. Hardy has submitted preliminary plans for development of
a new addition to the City of Southlake to be known as the Stanhope Addition; and
WHEREAS, in connection with those plans, the City has required the construction
of a grade -to -drain channel downstream from the property to be developed, which
improvements are necessary to preserve and protect the public health, safety and welfare;
and
WHEREAS, the downstream property owner, Mr. J.G. Moore, will not grant
Awdft permission to install these improvements; and
WHEREAS, there is currently no drainage easement in the area of these
improvements and an easement will be required to construct these improvements; and
WHEREAS, both Mr. Hardy and the City have attempted in good faith to negotiate
the acquisition of a drainage easement across Mr. Moore's property; and
WHEREAS, the City and Mr. Moore have been unable to reach an agreement on
the acquisition of this easement; and
WHEREAS, the City Council now deems it necessary to authorize the City Attorney
to initiate condemnation proceedings on the property of Mr. Moore in order to allow the
proposed drainage improvements to proceed; and
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WHEREAS, Mr. Hardy has agreed with the City to pay all costs and expenses of
the City incurred in connection with the condemnation proceedings, including without
limitation, the costs of acquiring an easement and legal fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Southlake, Texas:
Section 1
The City Attorney is hereby authorized to bring a condemnation lawsuit for the
purpose of acquiring necessary easements in conjunction with the development of Stanhope
Addition, including an approximately thirty-two (32) foot wide permanent easement for the
purpose of locating, relocating, extending, constructing, reconstructing, improving,
maintaining, repairing, and operating drainage improvements, together with such
appurtenances as may be necessary, and an adjacent approximately fifteen (15) foot wide
temporary construction easement for the purpose of construction access to_ the drainage
easement.
Section 2
The City Manager is hereby authorized to execute an agreement with Mr. Hardy
for payment of all costs and expenses of the City incurred in connection with the
condemnation proceedings, including, without limitation, the provisions requiring Mr. Hardy
to provide a letter of credit or other security in favor of the City.
Section 3
The City Council finds that such improvements in this condemnation action are
necessary in order to serve the public health, safety and welfare.
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Aamekd
PASSED, APPROVED AND EFFECTIVE this A r day of AWN-omWap, 1992.
1
ayor
y A EST:
i tY Secretary
APPROVED AS TO FORM AND LEGALITY:
JL o4 ---
City Attdrney
Date: 2--2-173
ADOPTED: &vw Kllft)
EFFECTIVE:&&4- Idw zz
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