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RE 01-27-87.2 RESOLUTION NO. 012787.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, DETERMINING THE PUBLIC NECESSITY OF ACQUIRING A NON-EXCLUSIVE EASEMENT FOR AN AT-GRADE PUBLIC STREET RIGHT-OF-WAY CROSSING, RELATED SLOPE AND DRAINAGE EASEMENTS, AND UNDERGROUND UTILITY EASEMENTS TO A TRACT OF LAND APPROXIMATELY 13,460 SQUARE FEET IN A/{EA OWNED BY THE ST. LOUIS SOUTHWESTERN RAILWAY COMPANY AND LOCATED WITHIN THE PROPOSED ROYAL LANE EXTENSION IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas, hereby determines that a public necessity exists that requires the acquisition of approximately 13,460 square feet of land more or less for a non-exclusive easement for an at-grade public street right-of-way crossing, related slope and drainage easements, and underground utility easements in the City of Coppell, Dallas County, Texas. That such tract is more particularly described in Exhibit "A", attached hereto and made a part of this Resolution. SECTION 2. That the City Council of the City of Coppell, Texas, additionally finds that the above-described easement is of paramount importance to the public in order to allow for the extension of Royal Lane, a major thoroughfare in the City of Coppell and throughout the north Dallas area, and to make possible the location of a U.S. Post Office mail facility which will provide a significant number of jobs and increased tax base to Coppell. The City Council of the City of Coppell, Texas further finds that the Royal Lane railroad crossing must be at-grade and cannot be accomplished in any other practical way due to excessive cost, engineering difficulties, and restrictions on access. SECTION 3. That for the purpose of acquiring said easements, and believing that the sum of money hereinafter set forth represents a fair cash market value of said easement and full damages legally allowed by law, the City Manager, or his designee, is hereby authorized and empowered to offer the property owner the sum of $20,167.00 for the necessary easements on such property. SECTION 4. That the City Manager, or his designee, is hereby authorized and empowered to offer the property owner the sum of $193,865.00 for the cost of relocating switches and constructing railroad stacking lanes in accordance with a final design approved by the City of Coppell. This offer is subject to a written contract being executed by the City and the railroad within thirty (30) days of the passage of this Resolution which provides that the railroad will complete the construction no later than December 31, 1987. The payment of the sums described in this section shall be made only upon the completion of construction within the prescribed time period. If the railroad does not agree to relocate the switches and construct the railroad stacking lanes in accordance with this section, the City shall have the right to construct or have constructed those improvements. SECTION 5. That the City Manager, or his designee, is further authorized to make a tender of said offer by Certified Mail, Return Receipt Requested, addressed to Mr. R.R. McClanahan, Division Superintendant, St. Louis Southwestern Railway Company, 1400 East Second, Pine Bluff, Arkansas 71601, with a copy to Mr. David R. Andrews, Field Engineer, St. Louis Southwestern Railway Company, 7600 South Central, Dallas, Texas 75216. SECTION 6. That the City Manager and the City Attorney are authorized to comply with the statutes of the State of Texas with reference to the necessary legal requirements existing in or relating to the exercise of eminent domain to appropriate said easement for the City of Coppell. -2- DULY RESOLVED by the City Council of the City of Coppell, ~--~day /~/~ ~-~/ Texas, on this~ of<~ ~ , 1987. ATTEST: CITY SECRET~k--Y~j APPROV~)~O FORMJ.~ 152:D011987B.00 ************PAGES 4 & 5 CAN ONLY BE SEEN IN "IMAGE" MODE.