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R254RESOLUTION N0.254 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CIVIL ACTION FOR THE PURPOSE OF OBTAINING A COURT ORDER PERMITTING THE CITY OF KENNEDALE TO ENTER PROPERTY TO CONDUCT A SURVEY, PERFORM AN APPRAISAL, AND DETERMINE THE SUITABLE NATURE OF CERTAIN PROPERTY FOR THE EXPANSION OF SONORA PARK WHEREAS, the City of Kennedale has applied for grant monies for the improvement and/or expansion of Sonora Park for the benefit of the citizens of the City of Kennedale; and WHEREAS, the City has identified certain properties that might be suitable for purchase for the expansion of Sonora Park; and WHEREAS, it is necessary for the City to make a good faith offer to purchase property before it may proceed to acquire property through eminent domain proceedings; and WHEREAS, it is necessary for the City to obtain a survey and appraisal of property to collect information to formulate a good faith offer to purchase property; and WHEREAS, Discovery Ranch, Inc. is the apparent owner of property or properties located in the 500 block of Averett Road in Kennedale, Texas, and adjacent to Sonora Park; and WHEREAS, the estate of C D Fincher and/or the heirs of C D Fincher is the apparent record owner of property or properties located at 332 South New Hope Road and/or in the 300 block of South New Hope Road in Kennedale, Texas, and adjacent to Sonora Park; and WHEREAS, property owners, Discovery Ranch, Inc. and the estate of C D Fincher and/or the heirs of C D Fincher, have denied the City access to their respective properties for the purposes of surveying, appraising, and examining the property to determine the extent to which it may be suitable for the expansion of Sonora Park in the City of Kennedale; and WHEREAS, the city council now deems it necessary to authorize the City Attorney to bring a civil action for the purpose of obtaining a court order permitting the City to enter properties owned by Discovery Ranch, Inc. and the estate of C D Fincher and/or the heirs of C D Fincher to conduct a survey, perform an appraisal, and determine the suitable nature of certain property for the expansion of Sonora Park in the City of Kennedale. Page I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The city attorney is hereby authorized to bring a civil action for the purpose of obtaining a court order permitting the City to enter properties owned by Discovery Ranch, Inc. and the estate of C D Fincher and/or the heirs of C D Fincher to conduct a survey, perform an appraisal, and determine the suitable nature of certain properties for the expansion of Sonora Park in the City of Kennedale. PASSED, APPROVED and Mayor, City of Kennedale ATTEST: City Secretary EFFECTIVE tf~~~„aA;;'„day of July, 2008. ,~~~` >~ 6F KE/1P , .. ~~ .:~~, _ . ~: ~~ • ,~ _ ~ ~,``~~. ,atJ~ . ~ f ,~.~ .,~ , ,. Page 2