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A Resolution of the City Council of the City of Lewisville, Texas, Authorizing the Acquisition of Fee Simple Title to 3,599 Square Feet (0.083 Acres) Legally Described as Lot1A, Block C, Timber Creek Square, Phase1 in the Charles Demay Survey, Abstract 335 and the Acquisition of a Partial Release of Access Easement for Approximately 4,564 Square Feet (0.105 Acres), Legally Described as Lot 1F, Block C, Timber Creek Square, Phase 1 in the Charles Demay Survey, Abstract 335 at 301 E. Southwest Parkway For Use as a Public Park; Determining the Public Use and Public Necessity of Such Acquisitions; Authorizing the Appointment of an Appraiser and Negotiator as Necessary; Authorizing the City Manager (or Her Designee) to Establish Just Compensation for the Properties to be Acquired in Accordance with All Laws; Authorizing the City Manager (or Her Designee) to Take All Steps Necessary to Acquire the Needed Properties in Compliance with All Applicable Laws and Resolutions; Authorizing the City Attorney (or Her Designee) to Institute Condemnation Proceedings to Acquire the Properties if Purchase Negotiations Are Not Successful; and Authorizing the City Attorney (or Her Designee) to Reach a Settlement Agreement Regarding the Acquisitions Following the Institution of Condemnation Proceedings; Providing for Repealing, Savings and Severability Clauses; and Providing for an Effective Date.
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ADMINISTRATIVE COMMENTS:
The proposed property to be acquired will be used to further develop the public park in the "Triangle Area," known as Glory Park/Parque La Gloria. As required by Texas Property Code Section 21.0113, the City is required to first attempt to acquire the necessary acquisition(s) from the landowners voluntarily through the making of a bona fide offer prior to filing any eminent domain procedure. City staff has attempted multiple times to discuss dedication and/or purchase of the property with the property owners' representatives, even offering at one poin...
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