RES 2013-33TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-33
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, DECLARING THE NECESSITY TO ACQUIRE
A DRAINAGE EASEMENT TO 0.007 ACRES (292 SQUARE FEET) OF
LAND BEING LOT 1270, OF TROPHY CLUB, SECTION TEN, AN
ADDITION TO THE TOWN OF TROPHY CLUB, DENTON COUNTY,
TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B, PAGE 189, PLAT RECORDS, DENTON COUNTY, TEXAS
FOR DRAINAGE EXPANSION/RECONSTRUCTION AND ASSOCIATED
DRAINAGE USES; DETERMINING THE PUBLIC NECESSITY FOR
SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF
PROPERTY RIGHTS NECESSARY FOR THE DRAINAGE USES;
APPOINTING AN ATTORNEY, APPRAISER AND NEGOTIATOR AS
NECESSARY; AUTHORIZING THE TOWN MANAGER TO ESTABLISH
JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE
ACQUIRED; AUTHORIZING THE TOWN MANAGER OR DESIGNEE TO
TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED
PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS
AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY OR
DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO
ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT
SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club ("The Town"), Texas is a home rule
municipality located in Denton County, Texas, created in accordance with the provisions
of the Texas Local Government Code and operating pursuant to enabling legislation of
the State of Texas; and
WHEREAS, the Town Council has determined that 0.007 Acres (292 Square
Feet) of land being Lot 1270, of Trophy Club, Section Ten, an Addition to the Town of
Trophy Club, Denton County, Texas according to the Plat thereof recorded in Volume B,
Page 189, Plat Records, Denton County, Texas (the "Property"), the legal description of
which is attached hereto as Exhibit "A," is appropriate for use by the Town for the
drainage easement expansion/reconstruction and associated drainage uses ("Indian
Creek Drive Reconstruction Project") ("Project"), and that there exists a public necessity
to acquire and drainage easement on the Property, for the Project; and
WHEREAS, the Town Council desires to acquire the Property for the
aforementioned public uses in conjunction with the Project; and
WHREAS, the Town Council desires that the Town Manager, or designee, take
all necessary steps to acquire the needed property interest, including but not limited to
the retention of attorneys, appraisers, engineers and other consultants and experts, and
that the Town Attorney, or designee, negotiate the purchase of the property interests
TOWN OF TROPHY CLUB RESOLUTION PAGE 1
and, if unsuccessful in purchasing the needed property interests, to institute
condemnation proceedings to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
ADOPTION OF FINDINGS
The foregoing recitals stated in the preamble are found to be true and correct
and are deemed incorporated into the body of this resolution as if copied herein in their
entirety.
SECTION 2.
EASEMENT
The Town Council hereby finds and determines that a public use and necessity
exists for the Town of Trophy Club to acquire a drainage easement on the certain tract
of land being 0.007 acres (292 square feet) being Lot 1270, of Trophy Club, Section
Ten, an Addition to the Town of Trophy Club, Denton County, Texas according to the
Plat thereof recorded in Volume B, Page 189, Plat Records, Denton County, Texas, the
legal description of which is attached as Exhibit "A," and undertake associated drainage
improvements as part of the Project, and to acquire the necessary property rights in the
Property deemed necessary for the expansion/reconstruction of the Project, as allowed
by law, together with all necessary appurtenances, additional and improvements on,
over, under, and through those certain lots, tracts or parcels of land.
SECTION 3.
AUTHORITY
The Town Manager, or designee, has been authorized and directed to negotiate
for and to acquire the required property rights for the Town of Trophy Club, and to
acquire said rights in compliance with State and Federal law. Further, the Town
Manager or designee is specifically authorized to establish the just compensation for the
acquisition of the Property, subject to the availability of funds appropriated by the Town
Council for such purpose. Additionally, if the Town Manager or designee determines
that an agreement as to damages or compensation cannot be reached, then the Town
Attorney or designee is hereby authorized to and directed to file, or cause to be filed,
against the owner(s) and interested parties of the needed property interests,
proceedings in eminent domain to acquire the above -stated interests in the Property.
Moreover, the Town Manager, or designee, has been specifically authorized and
directed to do each and every act necessary to acquire the needed property rights
including, but not limited to, the authority to negotiate, give notices, make written offers
to purchase, prepare contracts, to retain and designate a qualified appraiser of the
property interests to be acquired, as well as any other attorneys, experts or consultants
that are deemed necessary for the acquisition process and, if necessary, to institute
proceedings in eminent domain.
TOWN OF TROPHY CLUB RESOLUTION PAGE 2
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 4th day of November, 2013.
ATTEST:
APPROVED AS TO FORM:
V ��Y
Patricia A. Adams, Town Attorney
C nnie White, Mayor
TOWN OF TROPHY CLUB RESOLUTION PAGE 3