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Res 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