R324 RESOLUTION NO. 324
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING
LEGAL COUNSEL TO PROCEED WITH CONDEMNATION OF LOTS 25 AND
26, BLOCK 3, BRIARWOOD ADDITION TO THE CITY OF KENNEDALE,
TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 388 -13, PAGE 47, PLAT RECORDS, TARRANT COUNTY, TEXAS;
SAID AREA IS DESCRIBED TO R.W. HOLDEN AND WIFE, BETTY J.
HOLDEN, ACCORDING TO THE DEED RECORDED IN VOLUME 4284, PAGE
639, DEED RECORDS, TARRANT COUNTY, TEXAS, FOR A PUBLIC
ROADWAY AND /OR OTHER PURPOSES PERMITTED BY LAW
WHEREAS, the City of Kennedale ( "the City ") desires to acquire fee simple title
to the property described below in order to construct certain municipal improvements,
specifically a public roadway and /or other public purposes permitted by law, in order to
serve existing and future developments in the City and the citizens of the City; and
WHEREAS, the City made an initial offer to the property owners to purchase the
said property; and
WHEREAS, the City has provided to the property owners a copy of the Land
Owner's Bill of Rights, as required by law; and
WHEREAS, the City and the owners of the said property have been unable to
reach an agreement on the acquisition of this property; and
WHEREAS, the City Council now deems it necessary to authorize the City
Attorney to initiate condemnation proceedings in order to acquire fee simple title to such
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that the recitals made in the preamble to this Resolution are true and correct, and
incorporates such recitals herein.
SECTION 2.
The City Council of the City of Kennedale, Texas, hereby finds and determines
that a public necessity exists for the City of Kennedale, Texas to acquire approximately
0.049 acre tract of land as described and depicted on the attached Exhibits "1" and "2"
for a public roadway and /or other public purposes permitted by law.
SECTION 3.
The City Manager and City Attorney are authorized to comply with the statutes of
the State of Texas with reference to the necessary legal prerequisites existing or
relating to the exercise of eminent domain to appropriate said property for the purpose
of a water line and /or other public purposes permitted by law.
SECTION 4.
The owners claiming an interest in said property are R.W. and Betty J. Holden
whose mailing address is 614 North Dick Price Road, Kennedale, Texas 76060.
SECTION 5.
The City Council finds that such acquisition in this condemnation action is
necessary in order to serve the public health, safety and welfare.
PASSED, APPROVED and EFFECTIVE this day of a. " , 2010.
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Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, Secretary