R-2806-3-09RESOLUTION NO. 2806-3-09(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION
OF RIGHT-OF-WAY EASEMENT FOR WAITERS ROAD AS DESCRIBED IN
EXHIBIT "A^ ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE
PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council of the City of Allen, Texas, hereby finds and determines that a public
necessity exists for the welfare of the City and its citizens and it is in the public interest to acquire right-of-
way for Watters Road, as described in Exhibit "A" attached hereto, and being made a part hereof for all
purposes.
SECTION2. The City Manager, or designee, is hereby authorized on behalf of the City to acquire the
necessary easements, and if necessary to attempt to agree on damages and compensation to be paid to the owners
of the property. If the City Manager or designee is unable to acquire the necessary easements or determines that
an agreement as to damages and compensation cannot be reached then the City Attorney or designee, is hereby
authorized to file or cause to be filed against the owners and interested parties of the property, proceedings in
eminent domain to acquire the roadway right-of-way.
' SECTION 3. If it is later determined that there are any errors in the descriptions contained herein or if later
surveys contain more accurate revised descriptions, the City Attorney or designee is authorized to have such
errors corrected or revisions made without the necessity of obtaining City Council approval authorizing the
condemnation of the corrected or revised property.
SECTION 4. This resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE le DAY OF MARCH, 2009.
APPR D: A-0 CC go
Step ten errell, MAYOR
ATTEST:
Shelley B. Geo CITY SE TARY
1
' EXHIBIT "A"
WAITERS ROAD
RIGHT-OF-WAY DEDICATION
68,413 SQUARE FEET or 1.571 ACRES
BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, in the City
of Allen, Collin County, Texas and being a part of a tract of land described in Deed to Paul Lehner and
Virginia Lehner, recorded in Document No. 92-0083443, Deed Records, Collin County, Texas and being
mora particularly described as follows:
BEGINNING at a 1/2 inch von rod unth a yellow plastic cap stamped "GID" set (said comer set to
replace a 1/2" iron rod previously fount in 2003 and destroyed during construction of Watters Road) in
the existing West right-of-way line of Watters Road, a 60 foot rightof--way, at the Northeast comer of
said Lehner tract, said point being North 88 degrees 41 minutes 31 seconds East from a 1/2 inch von rod
found at the Northwest comer of said Lehner tract and the Southeast corner of Shaddock Pads, an
Addition to the City of Allen according to the Plat thereof recorded in Cabinet 2007, Slide 13, Map
Records, Collin County, Texas;
THENCE South 00 degrees 49 minutes 24 seconds East, along the East line of said Lehner tract and said
West right-of-way line, a dislence of 1,129.42 feet to an "X" found for coma, at the intersection of said
West right-of-way line with the North right-of-way line of Stacy Road, a variable width right-of-way;
THENCE South 88 degrees 51 minutes 41 seconds West, along said North right-of-way line, a distance
of 96.14 kel to a 1/2 inch iron rod with a yellow plastic cap stamped "GID" set for comer;
' THENCE North 44 degrees 00 minutes 34 seconds East, leaving said North right of way linea distance
of 51.26 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "GID" set for comer;
THENCE North 00 degrees 49 minutes 24 seconds West, a distance of 1,093,09 feet to a VZ inch von
rod with a yellow plastic cap stamped "OLD" act for corner in the North line of said Lehner tract and the
South line of said Shaddock Park;
THENCE North 88 degrees 41 minutes 31 seconds East, along the common line of said Lchaer tract and
said Shaddock Perk a distance of 60.00 feet to the POINT OF BEGINNING and containing 68,413
square feet or 1.571 acres of land, more or less.
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RIGHT-OF-WAY DEDICATION
68,413 SQUARE FEET OR 1.571 ACRES
FRANCIS DOSSER SURVEY, ABSTRACT NO. 280
CITY OF ALLEN, COWN COUNTY, TEXAS
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