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RESO 2005-08 - Easement acquisition settlement, Thomas C. Cole, Jr. & Jan Carrol Cole RESOLUTION NO. 2005-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING THE CITY OF HUNTSVILLE, TEXAS TO PAY THE SUM OF$70,000 TO THOMAS C. COLE, JR.AND JAN CARROL COLE AS FULL PAYMENT OF ALL SUMS DUE TO THEM BY THECITY FOR ACQUISITION OF THE EASEMENT DESCRIBED IN CAUSE NO. 7434CV; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS, Council has previously determined it is in the interest of public convenience and necessity to construct, maintain and operate certain wastewater lines which will traverse, in part, real property located in the Lewis Cox League,A-13, Walker County, Texas, and same will require acquisition of a 50' easement in which to locate such wastewater lines, i WHEREAS, Council authorized the filing of a condemnation action under the authority of the Texas Local Government Code in order to acquire an easement across land owned by Thomas C. Cole, Jr., and Jan Carrol Cole as described in Cause No. 7434CV, The City of Huntsville, Texas vs. Thomas C. Cole, Jr., and Jan Carrol Cole, In the County Court at Law of Walker County, Texas, and WHEREAS, the Parties to the above described cause have diligently explored compromise and settlement of the matter to avoid continued litigation and trial of the matter, and Dr. Cole and Ms. Cole have agreed they will accept the payment of the sum of$70,000 as compensation for the property rights sought by the City in the Cause; NOW,THEREFORE, BE IT RESOLVED, The City Council authorizes the City of Huntsville, Texas, to pay the sum of$70,000 to Thomas C. Cole, Jr., and Jan Carrol Cole as full payment of all sums due to them by the City for acquisition of the easement described in the Cause and according to the July 22, 2005, "Rule 11 Agreement." The City Council authorizes the City Manager and City Attorney to execute an agreed judgment and other necessary documentation according to the terms of the July 22, 2005, "Rule 11 Agreement." This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 26th day of July 2005. HE CIT F VILLE ST: J. Tur r, ayor Danna Welter, City Secretary APPROVED AS TO F M: Thomas A. Leep City ttorney urizzicuu5 14:bU FAA 11SLSGU?JZZ V B LLr IgUUL Received 07/22/2005 01:5" in 00:48 on line [121 for G141233 * Pg 1/1 07/22/2005 13:59 9362915409 CITY HALL ADMIN PAGE 01/01 CITY OF ax+°tHu-.jL 5v lie 1ncwpprated in 1845 under the Republic of Texas July 22,2005 Via Fax to 713-615-5433 W.George R,Murphy VINS©N&ELKINS 1001 Fannin Street 3200 Furst City Tower Houston,Tic 77002-6760 RE: Cause No.7434CV,Ae City of Ifunt WUe, Texas v Thomas C. Cols,Jr.and Jan Carrol Cole;In the County Court at Law of WORM CountY, Teas; Italy 711,AgrerSment Dear lvla'.Murphy: As we diecuaexd by tsiephone,Dr.Cole and Ma.Cole will agree to Settle the referenced condemnation action by Woepting payment fmm the City of Huntsville,the torn!sum of seventy thousand($70,000)dollars. Tho parties will submit an geed Jutl u=to Cho COO to accomplish this agminent The parties will cooperate with one another in cot>apIOWS MY Ott" documentatioxi to close the la,av v it and to evidence the resulting easement please sign below and retxq a this letter to me.,indicating your agreement that I am authorized to present this to the Huntsville City Council on July 26,2005,so that Council testi take formal action to accept the above reruns and midiorize settle=n:t. � If you have any giuestions please do not hesitate to call me at 936-291-5402- Sincerely, J" Thornes A.Leeper City Attorney TAVUl Thomas A.l eeper is authorized to present to the 7EI1int evWe City Council the above 59ttlemOnt tomis for final action,by tho Council. Date: eoiga R.Murphy ADMINISTRATION 1212 Avenue M *tiunzville TX 77340-4606*936.291.5400.936.291.5409 fax*www.hUnTM11etx.gm clur vhion for the City of Hur&woe Is a cm munity drat is beeuMi.hhwir-arhurady dhvrft atPordaft safe ww welt planned with great app Nwnfty far our dtliem.