Res 2826 8/4/1981RESOLUTION NO. (1Do
RESOLUTION DECLARING NECESSITY FOR ACQUIRING,
AND AUTHORIZING PURCHASE OR CONDEMNATION OF
A 0. 206 ACRE OF LAND FOR STREET PURPOSES.
WHEREAS , Sandra Gail , Inc. is developing a 30. 53 acre
tract of land out of the Lewis Wells Survey, A-303 , Wichita
County, Texas; and,
WHEREAS, in approving the preliminary plat of such
property, the Planning Board required the right-of-way for
alignment and access to Missile Road at its intersection with
Greentree Avenue across and through a Kiowa Land, Inc. tract,
be dedicated prior to final platting; and,
WHEREAS , the preliminary plat of this development, to
be known as Pebble Hills Estates, provides for approximately
107 residential plots, and the Acting Director of Traffic and
Transportation for the City has found that the extension of a
collector street north to the intersection of Missile Road
and Greentree Avenue is important to the development of this
subdivision, as it would serve as a major collector for such
subdivision; and in order to accomplish the connection, a
portion of the Kiowa Land, Inc. property must be dedicated for
street right-of-way; the intersection should be at essentially
right angle crossing so that proper traffic control can be
accomplished, including future signalization, if need; and,
WHEREAS , Sandra Gail, Inc. has informed the City that they
are unable to purchase such needed right-of-way from the Kiowa
Land, Inc. property; and since the proposed street is vital for
efficient traffic flow and safety, Sandra Gail, Inc. has requested
that the City of Wichita Falls exercise its power of eminent
domain for the purpose of making such portion of the Kiowa Land,
Inc. tract available for this street extension; and,
WHEREAS, Sandra Gail, Inc. has agreed to indemnify the
City of Wichita Falls for its expenses and costs incurred in
connection with such proceedings.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. It is necessary to acquire the fee simple title
to that certain tract containing 0. 206 acre out of the Lewis
Wells Survey, A-303 , in Wichita County, Texas , more fully
described on Exhibit "A" , which is attached hereto and
incorporated herein, for public street purposes.
SECTION 2 . The City Manager is hereby authorized to
purchase such tract of land in the name of the City of
Wichita Falls; in the event he is unable to purchase such
tract, he is hereby authorized and directed to cause to be
instituted eminent domain proceedings to obtain the fee simple
title to such tract of land in the name of the City of Wichita
Falls.
SECTION 3. Such tract of land shall be appraised by a
qualified land appraiser, and the price authorized to be paid
for such tract is the value as determined by such appraiser;
It is expressly understood that the purchase price of the land
shall be paid by Sandra Gail, Inc. It is further understood
that Sandra Gail, Inc. has agreed to reimburse and pay all
expenses incurred in such proceeding, to include, but not be
limited to; damages to the remainder of the property, if any,
2-
appraiser's fees, special commissioners ' fees, court costs,
attorney' s fees, City of Wichita Falls staff time in
preparation, handling and concluding such proceedings, and all
incidental costs incurred by the City as a result of the
request.
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PASSED AND APPROVED this the 41a/day of L :e4 1981.
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ATTEST:
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