R-2740-5-08RESOLUTION NO. 2740-5-08(
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
' COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION
OF STREET RIGHT-OF-WAY, DRAINAGE EASEMENTS, TEMPORARY
CONSTRUCTION EASEMENTS, FENCING, AND OTHER IMPROVEMENTS FOR
COUNTRY BROOK LANE AS DESCRIBED IN EXHIBITS "A," "B," -Cl- "D,^ AND
"E," ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN
EMINENT DOMAIN TO ACQUIRE THE STREET RIGHT-OF-WAY, DRAINAGE
EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, FENCING, AND
OTHER IMPROVEMENTS; 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 construction of Country Brook Lane and drainage improvements as described in
Exhibits "A," "B," "C," "D," and "E," attached hereto, and being made a part hereof for all purposes.
SECTION 2. The City Manager, or designee, is hereby authorized on behalf of the City to acquire the
necessary street right-of-way, drainage easements, temporary construction easements, fencing, and other
improvements, 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 street right-of-way, drainage
' easements, temporary construction easements, fencing, and other improvements, 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 street rightof--way, drainage easements, temporary construction easements, fencing, and other
improvements.
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 27TH DAY OF MAY, 2008.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
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Shelley B. Geo , TRMC, Crr"ECRETARY