RES 1994-19TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 94-19
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, FINDING THAT A
NECESSITY EXISTS TO ACQUIRE RIGHT-OF-WAY FOR
PUBLIC STREET (THE EXTENSION OF TROPHY WOOD
DRIVE TO A POINT OF INTERSECTION WITH T.W.
KING ROAD), UTILITY, AND ASSOCIATED MUNICIPAL
PURPOSES, AND A TEMPORARY EASEMENT FOR
CONSTRUCTION PURPOSES, OVER, UNDER AND
ACROSS THAT LAND DESCRIBED HEREIN;
AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS FOR THE
ACQUISITION OF THE SAID LAND FOR THE
CONSTRUCTION OF RIGHT-OF-WAY FOR STREET AND
EASEMENT PURPOSES; PROVIDING FOR A FINAL
OFFER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council hereby finds that public necessity requires the
location, construction, operation and maintenance of a right-of-way for public street, utility
and associated municipal purposes on the hereinafter described tract of land; and
WHEREAS, the tract of land, as more fully described herein, has been determined
to be and is needed for the construction of such right-of-way for street, utility and associated
municipal purposes; and
WHEREAS, there have been negotiations with the property owner for the purchase
of the said property by the Town, which negotiations have been unsuccessful; and
WHEREAS, the Town Council deems the public interest to be best served by the
acquisition of the property for the public purposes as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the above premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Section 2. The Town Council hereby finds and determines that it is necessary for
the welfare of the Town and its citizens and is in the public interest to acquire a perpetual
easement in, over, under and across the tract of land described in Exhibit "A" attached
hereto and incorporated herein for right-of-way for street, utility and associated municipal
purposes, and to acquire a temporary construction easement (for the construction of the said
street right-of-way) over and across the tract of land described in Exhibit "B" attached hereto
and incorporated herein (the said tracts of land are hereinafter referred to together as the
'Property").
DOC #: 216021 -1-
Section 3. The Mayor, or his designee, is hereby authorized on behalf of the Town
to attempt to agree on damages and compensation to be paid to the owners of the Property
and to extend a final offer to the owners of the Property. If the Mayor, or his designee,
determines that an agreement as to damages and compensation cannot be reached, the
Town Attorney or his designee is hereby authorized to file or cause to be filed, against the
owners of the Property and other interested parties, proceedings in eminent domain to
acquire the title to the Property as described herein.
Section 4. It is the intent of the Town Council that this Resolution authorize the
condemnation of all property required to construct an extension of Trophy Wood Drive, a
public street, to a point of intersection with T.W. King Road, together with utility or other
associated municipal improvements. If it is later determined that there are any errors in the
descriptions contained in the Exhibits attached hereto or if later surveys contain more
accurate revised descriptions, the Town Attorney is authorized to have such errors corrected
or revisions made without the necessity of obtaining a new resolution of the Town Council
authorizing the condemnation of the corrected or revised Property.
Section 5. This Resolution shall take effect immediately from and after its date
of adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the Cj-h�. day of nec�x 1aa� , 1994.
w.
May , Town of T Club, Texas
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
TowA Attorney,
Town of Trophy Club, Texas
IOC #: 216021 -2-
AMENDED 03/21/96b