Res 2452 1/15/1980RESOLUTION NO.
RESOLUTION DECLARING NECESSITY FOR ACQUIRING,
AND AUTHORIZING PURCHASE OR CONDEMNATION OF
LAND FOR EXTENSION OF PROFESSIONAL DRIVE
SOUTHEAST OF STATE HIGHWAY 79.
WHEREAS, Highland Investment Company, a partnership
composed of Ralph Hines, Jr. and Joe A. Best, Jr. , are develop-
ing a tract of land out of Block 3, Kemp & Newby Subdivision
of Cherokee County School Land Survey, Wichita County, Texas;
and,
WHEREAS, in approving the preliminary plat of such
property, the Planning Board required that right-of-way for
extension of Professional Drive through the J. A. Burnett
property be dedicated before final platting; and,
WHEREAS, the preliminary plat of this development, to
be known as Highland Acres, provides for approximately 219
single family residences plus approximately 150 units of
multi-family housing, and the Acting Director of Traffic
and Transportation for the City has found that the extension
of Professional Drive is most important to the development of
this subdivision, as it would serve as the major collector
street for such subdivision; in order to accomplish the conn-
ection at State Highway 79 with existing Professional Drive,
a portion of the J. A. Burnett property must be dedicated for
street right-of-way; the intersection should be a right angle
crossing so that proper traffic control can be accomplished,
including future signalization, if needed; and,
WHEREAS, Highland Investment Company has informed the
City that they are unable to purchase such needed right-of-
way from the Burnett heirs, and since the proposed extension
of Professional Drive is vital for efficient traffic flow and
safety, Highland Investment Company has requested that the
City of Wichita Falls exercise its power of eminent domain for
the purpose of making such part of the Burnett tract available
for the extension of Professional Drive; and,
WHEREAS , Highland Investment Company has agreed to
idemnify the City of Wichita Falls for its expenses 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. 251 acres out of
Cherokee County School Land 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 Wicita
Falls; in the event he is unable to purchase such tract, he
is hereby authorized and directed to cause to be instituted
condemnation proceedings to obtain the fee simple title to
such tract of land in the name of 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 Highland Investment Company. In
the event it is necessary to condemn such land, the cost of
the land and all expenses occurred in connection with the
proceedings shall be paid by Highland Investment Company.
PASSED AND APPROVED this the 15th day of January, 1980.
M A Y O R---4----
ATTEST:
City lerk