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Res 91-10 Determining the Necessity of Acquiring Land for Right-of-Way and Drainage Easement PurposesRESOLUTION NO. 10-91 A RESOLUTION DETERMINING THE NECESSITY OF ACQUIRING APPROXIMATELY 1.027 ACRES OF LAND FOR RIGHT-OF-WAY PURPOSES AND APPROXIMATELY 0.219 ACRES FOR A DRAINAGE EASEMENT 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 and easement as described on the Exhibits 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 1.027 acres of land located in Denton County, for right-of-way and approximately 0.219 acres of land located in Denton County, for a drainage easement, all in the Town of Trophy Club, Texas. as described in Exhibits "A" and "B" 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: F'IRS'T GIBRALTAR BANK, FSB SUCCESSOR TO GIBRALTAR SAVINGS ASSOCIATION C/O KURT ADKINS 13401 NORTH FREEWAY P.O. BOX 2507 HOUSTON, TEXAS 77050 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. V. 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 IIZZ day of November, 1991, by a vote of 5` ayes and 0 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: G ry W ite, Town Secretary Town of Westlake, Texas APPROVED AS TO LEGAL FORM: , � �V. e" � � �-- — Paul C. Isham, Town Attorney Town of Westlake, Texas 373-23.011\013.res EXHIBIT A Page 1 of 1 Denton County SH 114 Parcel 913 From: SH 170 0353-02-039 To: Tarrant/Denton Co. Line 801$-1 8-15-12 May 17, 1991 Being 1.027 acres of land, more or less, situated in the William Pea Survey, Abstract 1045, Denton County, Texas and being out of and a portion of the remainder of that certain 127.140 acre tract of land being a part of Tract I conveyed to Gibraltar Savings Association by deed as recorded in Volume 837, Page 16, Deed Records of Denton County, Texas and also being out of that certain tract of land known at Tract IV conveyed to Gibraltar Savings Association by deed as recorded in Volume 1229, Page 201, Deed Records of Denton County, Texas; said L027 acres of land being described by metes and bounds as follows: COMMENCING at the northeasterly property corner of said Tract IV being in the southerly right of way line of Indian Creek Drive (80 feet wide); THENCE South 00 deg. 04 min. 32 sec. East departing said southerly right of way line along the easterly property line of said Tract IV for a distance of 414.35 feet to the POINT OF BEGINNING being a $/s inch iron rod found in the northerly right of way line of State Highway 114 and also being the southeastern property corner of said Tract IV; (1) THENCE North 71 deg. 03 min. 52 sec. West along said existing northerly right of way line for a distance of 696.41 feet to a point in the new northerly right of way line of State Highway 114; THENCE along the new northerly right of way line of State Highway 114 as follows: DCPC9BYND North 36 deg. 44 min. 28 sec. East for a distance of 105.03 feet; South 62 deg. 56 min. 02 sec. East for a distance of 217.82 feet; South 68 deg. 12 min, 19 sec. East for a distance of 400.50 feet; South 25 deg. 44 sec. 39 sec. East for a distance of 69.22 feet to the POINT OF BEGINNING, and containing an area of 1.027 acres of land, more or less. i .Revised 10/30/"91 EXHIBIT A Page 1 of 1 Denton County Parcel 9BE SH 114 0353-02-039 From: SH 170 8018-1 To: Tarrant/Denton Co. Line D-15-31 May 17, 1991 BEING 0.219 of an acre of land, more or less, situated in the C. Medlin Survey, Abstract 823, Denton County, Texas and being out of and a portion of Tract "A" of Lake Forest Village Phase Three, a subdivision as recorded in Cabinet B, Page 160, Plat Records of Denton County, Texas and being out of and a portion of that tract of land conveyed to Gibraltar Savings Association by deed as recorded in Volume 1229, Page 201, Deed Records of Denton County, Texas; said 0.219 of an acre of land being described by metes and bounds as follows: COMMENCING at a 5/$ inch iron rod found in the curved southerly right of way line of Trophy Club Drive being the northwestern property corner of said Tract IV; THENCE South 00 degrees 04 minutes 32 seconds East departing said southerly right of way line along the most westerly property line of said Tract IV for a distance of 620.35 feet to a 5/$ inch iron rod found in the existing northerly right of way line of State Highway 114 being the southwestern property corner of said Tract IV; THENCE South 71 degrees 03 minutes 52 seconds East along said existing northerly right of way line for a distance of 865.02 feet to the POINT OF BEGINNING of the herein described tract of land; 1) THENCE North 46 degrees 04 minutes 20 seconds East departing said existing northerly right of way line for a distance of 109.84 feet; 2) 'THENCE South 72 degrees 52 minutes 11 seconds East for a distance of 70.00 feet; 3) THENCE South 17 degrees 07 minutes 49 seconds West for a distance of 100.00 feet to a point in said existing northerly right of way line of State Highway 114; 4) THENCE North 71 degrees 03 minutes 52 seconds West along said existing northerly right of way line for a distance of 123.21 feet to the POINT OF BEGINNING, and containing an area of 0.219 of an acre of land, more or less. F �0A Revised 9/23/91 %f A/