RES 2003-11TOWN OF TROPHY CLUB
RESOLUTION NO. 2003 - 11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING THE ACQUISITION OF FEE
PARCELS, SCENIC AND ACCESS EASEMENTS, AND
CONSTRUCTION EASEMENTS, WHERE NEEDED, FROM THE
LAKES OF TROPHY CLUB HOMEOWNERS ASSOCIATION, ET AL,
FOR THE PUBLIC PURPOSE OF DEVELOPING AND ENLARGING
PERMANENT PARK FACILITIES; PROVIDING FOR THE
INCORPORATION OF RECITALS; PROVIDING A FINDING OF
PUBLIC CONVENIENCE AND NECESSITY; AUTHORIZING AN
OFFER OF COMPENSATION AND PURCHASE OF THE PROPERTY
AND EASEMENTS; AUTHORIZING EMINENT DOMAIN
PROCEEDINGS; AUTHORIZING THE JOINDER OF THIRD
PARTIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a Type A General
Law municipality 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 of Trophy Club is developing and enlarging a park
located within its corporate limits, and as a result, the Town needs sufficient land to
accomplish this objective; and
WHEREAS, the Town needs to obtain fee simple estates as well as access and
scenic easements in certain property in order to enlarge the park; and
WHEREAS, the Town of Trophy Club is specifically authorized to acquire
easements and fee simple estates for this purpose by gift, devise or eminent domain, in
public or privately held property, located anywhere with in this State by virtue of Section
251.001, of the Texas Local Government and all such other statutes which authorize
Municipalities to acquire, own and operate parks facilities; and
WHEREAS, the lands to be acquired in fee and easements necessary for the park
and related facilities are currently owned by certain people and entities, more particularly
described on Exhibit "A", which Exhibit lists the names of the owner(s) of each parcel of
land and which is attached hereto and incorporated herein; and
WHEREAS, the fee parcels, the access and scenic easements are located on
properties more particularly described on the attached Exhibit B, which Exhibit contains
the legal descriptions and the parcel numbers for each parcel of land necessary for the
park and which is attached hereto and incorporated herein;
WHEREAS, a public necessity and purpose exists to furnish residents with
adequate park facilities and public convenience and necessity requires the acquisition of
the property described in Exhibit "B" in order to develop and enlarge park facilities
within the Town;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF RECITALS
THAT 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.
PUBLIC CONVENIENCE AND NECESSITY FINDING
THAT it is hereby determined that a public necessity exists to furnish the Town's
residents with an adequate park facility and that the public convenience and necessity
hereby requires the acquisition of certain fee simple estates and permanent park access
and scenic easements described in Exhibit "B" for the public purpose of developing and
enlarging park facilities and all related appurtenances in connection thereto, and that the
Town of Trophy Club should also acquire temporary construction easements as necessary
for such purpose.
SECTION 3.
OFFER OF COMPENSATION AND PURCHASE
THAT the Town Manager of the Town of Trophy Club, or her designee is hereby
authorized and directed to negotiate with and to make an offer to compensate the
Owner(s) described in Exhibit "A" for the property described in Exhibit `B" based upon
value of the property and such other considerations as deemed appropriate. In the event
such offer of compensation is accepted by the Owner(s), the Town Manager is authorized
to take all steps necessary to purchase the fee estates and easements described in Exhibit
«B„
SECTION 4.
EMINENT DOMAIN PROCEEDINGS AUTHORIZED
THAT in the event the offer as described in Section 3 is refused by the Owner(s)
of such property, the Town Attorney or her designee is hereby authorized and directed to
file the necessary eminent domain proceedings or suit and take whatever action that may
be necessary to acquire fees simple estates and permanent park access and scenic
easements to the property described in Exhibit `B" for the public purpose of developing,
enlarging, and perpetually maintaining and operating a park and all related appurtenances
in connection with the park facility of the Town of Trophy Club across the land described
in Exhibit B attached hereto. Further, the Council hereby determines that temporary
construction easements shall be obtained as necessary to complete the development and
enlarging of the Town's park facilities.
THAT the Town Attorney or her designee is also authorized and directed to file
the necessary eminent domain proceedings or suit and take whatever action that may be
necessary against any property Owner of the parcels listed in Exhibit "B" to acquire a
temporary construction easement(s) as necessary for the public purpose of constructing
park and all related appurtenances upon the property described in Exhibit "B".
SECTION 5.
JOINDER OF THIRD PARTIES AUTHORIZED
THAT if it should be subsequently determined that additional parties other than
those named herein have an interest in such property, then in that event the Town
Attorney or her designee is authorized and directed to join such parties as defendants in
the eminent domain proceeding authorized hereby.
SECTION 6.
EFFECTIVE DATE
THAT this resolution shall take effect from and after its final date of passage as
required by law.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, this 3rd day of March,,- 003.
1
Mayor
ATTES
Town Secretary .
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Town Attorney