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File #: 17-7382    Version: 1 Name: Resolution; eminent domain for public use located on the West Tarrant Road at Arbor Creek drainage improvement project
Type: Resolution Status: Adopted
File created: 11/16/2017 In control: Engineering
On agenda: 12/12/2017 Final action: 12/12/2017
Title: Resolution authorizing the use, by the power of eminent domain for public use to acquire easement parcels, located on the West Tarrant Road at Arbor Creek drainage improvement project
Attachments: 1. EXHIBIT A EASEMENT ACCESSBANK TEXAS PROPERTY DESCRIPTION.pdf
From
Dwayne Tyner

Title
Resolution authorizing the use, by the power of eminent domain for public use to acquire easement parcels, located on the West Tarrant Road at Arbor Creek drainage improvement project

Presenter
Romin Khavari, City Engineer and Steve Norwood, Director of Planning and Development

Recommended Action
Approve

Analysis
Property owners or their authorized representatives have refused to negotiate on the acquisition of required drainage and slope easement parcels. In order to maintain project momentum, these parcels must be condemned.

This resolution will authorize a specific determination that these parcels are necessary for this public use project as required by Senate Bill 18 passed September 1, 2011, in the event eminent domain action is required.

Financial Consideration
All costs for easement acquisition is available and will be paid out of Storm Drainage Capital Projects Fund (401592) WO #01204501-03 (Arbor Creek at Tarrant Rd)

Body
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION FOR PUBLIC USE OF CERTAIN RIGHT OF WAY PARCELS NEEDED FOR THE WEST TARRANT ROAD AT ARBOR CREEK DRAINAGE IMPROVEMENT PROJECT, WO #01204501-03; AND AUTHORIZING THE CITY OF GRAND PRAIRIE TO PROCEED WITH EMINENT DOMAIN ACTION

WHEREAS, the City Council has determined that the West Tarrant Road at Arbor Creek project is needed for public use for drainage, paving and utility improvement;

WHEREAS, in connection with the West Tarrant Road project the City has been negotiating for the purchase of certain needed slope easement and drainage easement parcels with the owner thereof; and

WHEREAS, the City Council of the City of Grand Prairie desires by this resolution to authorize the acquisition by purchase or condemnation of the parcels needed for this project; and

WHEREAS, the Texas legislature approved and the Governor signed SB No. 18 which added additional requirements for the acquisition of property for public use through eminent dom...

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