HomeMy WebLinkAboutCity Council Resolutions (R-95-1133)-07/18/1995
RESOLUTION R-95-1133
WHEREAS, Robert Ellington has proposed the purchase of certain property in
Colleyville located at 6225 Colleyville Boulevard, for the purpose of
the construction and operation of a restaurant; and
WHEREAS, a substantial portion of the property which Mr. Ellington proposes to
purchase is planned by the City to be used as a roadway and for
road right-of-way; and
WHEREAS, the City desires to encourage Mr. Ellington to purchase the property
and install a restaurant; and
WHEREAS, the City is willing to enter into an agreement with Mr. Ellington for the
purpose of purchasing the right-of-way from Mr. Ellington after his
acquisition of the property; and
WHEREAS, certain aspects of the agreement between the City and Mr. Ellington
cannot yet be determined.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Mayor is hereby authorized to enter into and execute a
contract between Robert Ellington and the City of Colleyville
pursuant to which the City of Colleyville would acquire right-of-way
in the approximate amount of 11,400 square feet on the tract of land
located at 6225 Colleyville Boulevard.
Sec. 2.
THAT the aforesaid contract between Robert Ellington and the City
of Colleyville shall include the following provisions:
a) That the City acquire fee title to the right-of-way property.
b) That the City pay the sum of $1.75 per square foot for the
property acquired.
c) That the City's obligation to pay the purchase price for the
property is conditioned upon the issuance of a building permit
for the restaurant which has been proposed by Robert
Ellington.
Resolution R-95-1133
Page 2 of 2
d) That the City's payments for the right-of-way shall be made in
two equal installments without interest, the first payment being
due upon the issuance of a building permit for the restaurant
as proposed by Robert Ellington and a second payment upon
the anniversary date of the issuance of said building permit.
e) That the contract will become null and void in the event a
building permit is not issued for the restaurant as proposed by
Robert Ellington on or before April 1, 1996, and that any
dedication of right-of-way contained in any plat or re-plat of
the property by the owner shall be valid and may be accepted
by the City without payment for the right-of-way as provided
in the contract.
f) That the contract shall have such other provisions and
conditions as required by the City staff.
AND IT IS SO RESOLVED.
PASSED THIS Lif}., DAY OF Jult ' 1995, BY A VOTE OF
, c; AYES, 0 NAYS, AND 0 A STENTIONS.
ATTEST:
~;J~
Jean Harris, CMC
City Secretary
CITY. OF;9L~EYVILLE
a4L
Ed Baker
Mayor