HomeMy WebLinkAboutResolution No. 87-08 CITY OF THE COLONY, TEXAS
RESOLUTION NO.
A RESOLUTION DETERMINING THE NECESSITY OF ACQUIRING
STREET RIGHT OF WAY ON, OVER AND ACROSS THE HERE-
INAFTER DESCRIBED LAND, AND AUTHORIZING ITS CON-
DEMNATION AND/OR APPROPRIATION TO BE USED IN CON-
NECTION WITH THE CONSTRUCTION, EXTENSION AND IM-
PROVEMENT OF PLANO PARKWAY, A CITY STREET IN THE
CITY OF THE COLONY, TEXAS.
BE IT RESOLVED by the City Council of The Colony, Texas:
Section 1. That it is hereby determined that the public necessity
requires the construction, extension and improving of public streets in the City
of The Colony, Texas by constructing Plano Parkway as provided in the City's
master thoroughfare plan. (Said project to be hereinafter known as the "Plano
Parkway Project"), and that the City of The Colony should acquire street right
of way on, over and across the land necessary for said project.
Section 2. That street right of way on, over and across the hereinafter
.described property (the "Right of Way") is hereby determined to be necessary for
the construction, extension and improvement of Piano Parkway Project.
Section 3. That the City of The Colony, Texas determines to ap-
propriate the Right of Way for the purpose of constructing, extension and
improvement of streets within the Plano Parkway Project under the laws of
eminent domain and the general laws of the State of Texas.
Section 4. That the owners or parties claiming an interest in said
property and the legal description thereof, are as follows:
Owner: Crow-Billingsley Manderian, Ltd., a Texas limited part-
nership; University Business Park Phase II, Ltd., a Texas limited
partnership; Frankford Road Investors #1, Ltd., a Texas limited part-
nership.
Tenant: Edwin Jordan under a lease dated February 2, 1984 with
a seven year term commencing February 2, 1984 and continuing through
February 1, 1991.
Lienholder: Mercantile Bank under a deed of trust to secure a
promissory note dated February 2, 1984 in the original principal amount
of $5,036, 330.00 payable to the order of Peter Winstead, trustee, which
promissory note has been assigned to Mercantile Bank.
The property is described as shown on the Exhibit "A" attached hereto.
Section 5. That for the purpose of acquiring title to the Right of Way,
the City Engineer, or such employee of the City as he may designate, is hereby
authorized and directed to offer to purchase or acquire from Owner and Tenant
their respective interests in the Right of Way for its local market value (after
estimating and considering the estimated damage, injury and benefit of the
condemnation to each such party), as may now or hereafter be determined by a
resolution and finding of the City Council that the amounts so offered constitute
the fair market value of the Right of Way and just and adequate compensation
for the taking of the Right of Way under the laws of eminent domain.
Section 6. That if the City's official offers to purchase the Right of
Way are refused, the City's attorney is authorized and requested to file the
necessary suits and to take the necessary action for the prompt acquisition of
said property in compliance with the condemnation laws of the State of Texas,
including, without limitation, V.T.C.A., Property Code, §21.001 et seq.
Section 7. That in the event it is determined that additional persons
other than those named herein have an interest in said property, then the City's
attorney is authorized and directed to join said parties as defendants in said
condemnation suit.
Section 8. That this Resolution shall take effect immediately and upon
its passage.
APPROVED this ~day of February, 1987
Mayor, City of Tl~6 Colony, Texas
ATTEST:
[SEAL]
APPROVED AS TO FORM:
City Attorney
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