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Home My WebLink AboutR-2165-5-03RESOLUTION NO. 2165-5-03(R) ' 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 FOR ST. MARY DRIVE AS DESCRIBED IN EXHIBITS "A" AND "B" 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 street right- of-way for the construction of St. Mary Drive as described in Exhibits "A" and `B" 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 right-of-way, 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 right-of-way 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 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 13r" DAY OF MAY, 2003. APPROVED: yyyyyy Stephen Terrell, MAYOR ATTEST: 0 Shelley B. GeorgeECRE I! II n '00 -SS •t1.SS,9t,11 g rnM s � s =a sp ti y , G pr 't�al'Lwroa sesc']an ' NI'1SIN1 NI OM 30 1 dnM Y AWMDNVS IVIW"3" S.3aoOM m d �x N Nr ro O 40 v / C1 €� �3�z co LLQQmO U wz z -Z V� OWC mo ��a< < 0�F5 ud / d m _ b (.3$ m Qv...... 3111210 N~ Q oL a �^ti F orc0 � 21b03� 3 21 5 3 OJ yv 3� n3�J 1O,ii iz D7 S g az g ` Z6ZD w q Fm0 y �?`�giWwOVm� ¢Raf s� m I N Resolution No. 2165-5-03(R), Page 2 7 v71 cDO Nr ro O 40 C1 €� co LLQQmO U wz F�~g6q �apQ' < 0�F5 ud oJ o_o Nw¢roz oL a �^ti F orc0 � 3 J NZ_j OJ O> 1O,ii iz D7 S g az g ` Z6ZD w q Fm0 y �?`�giWwOVm� ¢Raf s� m I Aiin��su�wm � ZW� i—.Vt y, Vo�m �< g<oFa<5.:, ¢z Z. N Resolution No. 2165-5-03(R), Page 2 ' EXHIBIT "A" ST. MARY'S DRIVE ALLEN,TEXAS RIGHT-OF-WAY EXHIBIT PARCEL4A LAND DESCRIPTION BEING a tract of land situated in the JAMES READ SURVEY, Abstract No. 758, City of All., Collin County, Texas and being a portion of Lot 6, Block C of All., Texas w shown on the revised map of Allen, Texas, filed for record on March 8, 1878 and recorded in Volume 6, Page 152-153, Land Records of Collin County, Texas and being all of that tract of land described in instrument to Brian Jordan Foust as recorded in Volume 5064, Page 02487, Land Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found on the westerly right-of-way line of Cedar Drive (formerly Jabin Street, 80 feet wide as per said revised map of All., Texas) at the southeasterly comer of said Foust tract; THENCE South 78 degrees 33 minutes 05 seconds East (deed bearing, East) along the northerly line of said Foust tract a distance of 100.00 feet to a 5/8 inch iron rod set with Huia-Zollars cap on the westerly right-of-way litre of said Cedar Drive, said point being the northeasterly comer of said Foust tract from which a 1/2 inch iron rod found bears South. 9 degrees 28 minutes 59 seconds West at a distance of 4.15 feet; 3 tsorv.rm35=r m"50. as Page 2 of 3 Resolution No. 2165-5-03(R), Page 3 THENCE North 78 degrees 33 minutes 05 seconds West (deed bearing, West) along the southerly line of said Foust tract a distance of 100.00 feet to a 5/8 inch iron rod set with Huitt- Zollars cap for a comer, said point being the southwesterly comer of said Foust tract from which a 1/2 inch iron rod found hears South 37 degrees 22 minutes 49 seconds West at a distance of 9.27 feet; ' THENCE North 11 degrees 26 minutes 55 seconds East (deed bearing, North) parallel with the easterly line of said Lot 6 and along the westerly line of said Foust tract a distance of 58.00 feet to a 5/8 inch iron rod set with Huitt-Zollars cap for a comer, said point being the northwesterly comer of said Foust tract from which a 1 (one) inch iron rod found bears South 31 degrees 07 minutes 33 seconds West at a distance of 11.95 feel; THENCE South 78 degrees 33 minutes 05 seconds East (deed bearing, East) along the northerly line of said Foust tract a distance of 100.00 feet to a 5/8 inch iron rod set with Huia-Zollars cap on the westerly right-of-way litre of said Cedar Drive, said point being the northeasterly comer of said Foust tract from which a 1/2 inch iron rod found bears South. 9 degrees 28 minutes 59 seconds West at a distance of 4.15 feet; 3 tsorv.rm35=r m"50. as Page 2 of 3 Resolution No. 2165-5-03(R), Page 3 EXHIBIT "A" THENCE South 11 degrees 26 minutes 55 seconds West (deed bearing, South) along the westerly nght-of-way line of said Cedar Drive and easterly line of said Lot 6, a distance of 58.00 feet to the POINT OF BEGINNING and containing 0.1331 of an acre of land, more or less. For Huin-Zollars. Inc. 43,Zo3 Eric J. Yahoudy�e. ered Professional Land Surveyor, Texas Reg. No. 4862 Huitt-Zollars, Inc 3131 McKinney Avenue Suite 600 Dallas, Texas 75204 Phone: (214) 871-3311 Date: March 20, 2003 I lSwwev�JlS V11wP5�15P4n tloc Page 3 of 3 Resolution No. 2165-5-03(R), Page 4 I I | I | I � d , __ __ _. ¥7 wj,�; / \ e! / a __,» 2165-5-03(R), Page 5 __ __ _. ¥7 m /z ! /| 2222 j0§\ ) z \ § ; a„ �Q� \y3X0 $ � . _ ! | . `' `` q§ 4^ ®® y e! / a __,» 2165-5-03(R), Page 5 /z ! /| 2222 ) z \ § $ ! . _ . `' 4^ ®® y wo , 42` /| �<k" ° { -8 2z ;}a e! / a __,» 2165-5-03(R), Page 5 EXHIBIT "B" ST. MARY'S DRIVE ALLEN,TEXAS RIGHT-OF-WAY EXHIBIT PARCEL3 LAND DESCRIPTION BEING a tract of land situated in the JAN ES READ SURVEY, Abstract No. 758, City of Allen, Collin County, Texas and being portion of Lot 6, Block C of Allen, Texas as shown on the revised map of Allen, Texas, filed for record on March 8, 1878 and recorded in Volume 6, Page 152-153, Land Records of Collin County, Texas and being a portion of a 1.295 acres of land described instrument to Dudley Robertson as recorded in Volume 1180, Page 272, Land Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1-12 inch iron rod found on the westerly right-of-way line of Cedar Drive (formerly Jabin Street, 80 feet wide as per said revised map of Allen, Texas) at the most northeast comer of said 1.295 acres of land; THENCE South I I degrees 26 minutes 55 seconds West (deed bearing, South 11 degrees 30 minutes West) along the westerly right -o( --way line of said Cedar Drive a distance of 42.71 feet (deed distance, 47.00 feet) to a 5/8 inch iron rod set with Huitt-Zollars cap for a comer for the most easterly southeast comer of said 1.295 acres of land from which a 12 inch iron rod found bears South 9 degrees 28 minutes 59 seconds West at a distance of 4.15 feet; ' THENCE North 78 degrees 33 minutes 05 seconds West (deed bearing, North 82 degrees 30 minutes West) along a southerly line of said 1 295 acres of land a distance of 100.00 feet to a 5/8 inch iron and set with Huitl-Zollars cap for a comer from which a 1 (one) inch iron rod found bears South 31 degrees 07 minutes 33 seconds West at a distance of 11.95 feet; THENCE South 11 degrees 26 minutes 55 seconds West (deed bearing, South 10 degrees 42 minutes West) along an easterly line of said 1.295 acres of land a distance of 14.73 feet to a 5/8 inch iron rod set with Huitt-Zollars cap for a corner from which a I (one) inch iron rod found bears North 37 degrees 42 minutes 21 seconds West at a distance of 5.32 feet, said point being the beginning of a non -tangent curve to the right having a central angle of 4 degrees 10 minutes 16 seconds, a radius of 530.00 feet and being subtended by a 38.58 foot chord bearing North 66 degrees 09 minutes 33 seconds West; THENCE northwesterly along said curve to the right and departing said easterly line of the 1.295 acres of land an are distance of 38.58 feet to a 5/8 inch iron rod set with Huitt-Zollars cap for the end of said curve; I �—,answer ym31,3 do. I Page 2 of 3 Resolution No. 2165-5-03(R), Page 6 EXHIBIT "B" THENCE North 64 degrees 04 minutes 25 seconds West a distance of 117.20 feet to a 5/8 inch iron rod set with Hmut-Zollars cap being the beginning of a curve to the left having a central angle of 2 degrees 34 minutes 19 seconds, a radius of 470.00 feet and being subtended by a 21.10 foot chord bearing North 65 degrees 21 minutes 34 seconds West; THENCE westerly along said curve to the left an are distance of 21.10 feet to a 5/8 inch iron rod set with Huitt-Zollars cap on the northerly line of said 1.295 acres of land from which a 1/2 inch iron rod found bears North 81 degrees 43 minutes 19 seconds West at a distance of 13.62 feet; THENCE South 81 degrees 43 minutes 19 seconds East (deed hearing, South 82 degrees 39 minutes East) along the northerly line of said 1.295 acres of land a distance of 272.11 feet to the POINT OF BEGINNING and containing 0.1955 of an acre of land, more or less. For Hmtt-Zollars, Inc <31za1�1 Eric 3. ahou y, Registered Professional Land Surveyor, Texas Reg. No. 4862 Hurtt-Zollars, Inc. 3131 McKinney Avenue Suite 600 Dallas, Texas 75204 Phone; (214) 871-33 11 Date: March 20, 2003 16urveYUl35q➢wPU3]SP3 Ea u Page 3 of 3 Resolution No. 2165-5-03(R). Page 7