R327 RESOLUTION NO. 327
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING LEGAL
COUNSEL TO PROCEED WITH CONDEMNATION OF A 1.213 OF AN ACRE
TRACT OF LAND SITUATED WITHIN THE J. B. RENFRO SURVEY, ABSTRACT
1260, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED TO
ROBERT MORRIS AND WIFE, LEANN MORRIS BY DEED RECORDED IN
VOLUME 12040, PAGE 376, DEED RECORDS OF TARRANT COUNTY, TEXAS;
FOR A PUBLIC ROADWAY
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 a 1.213 acre tract of
land for a public roadway and /or other public purposes permitted by law and as described
and depicted on the attached Exhibits "1" and "2 ".
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 City Attorney is hereby authorized to bring a condemnation lawsuit for the
purpose of acquiring fee simple title in and to a 1.213 acre tract of land in the J. B. Renfro
Survey, Abstract 1260, and being a portion of a tract of land described to Robert Morris
and wife, Leann Morris by deed recorded in Volume 12040, Page 376, Deed Records of
Tarrant County, Texas, and being more described and depicted on the attached Exhibits
"1" and "2" in relation to the above - described project.
SECTION 5.
The owners claiming an interest in said property are Robert Morris and wife, Leann
Morris, whose mailing address is 824 Kennedale Sublett Road, Kennedale, Texas 76060.
SECTION 6.
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 9 day of R- , 2010.
*MA t k r'
Mayor, City of Kennedale
ATTEST:
City Secretary
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