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HomeMy WebLinkAboutR-695-4-86im RESOLUTION NO. 695-4-86(R) THE STATE OF TEXAS § § COUNTY OF COLLIN § WHEREAS, the City Manager of the CITY OF ALLEN, TEXAS has recommended, and the City Council finds that 5.974 acres (shown in Exhibit "A", attached hereto and made a part hereof for all purposes as "tract to be condemned") out of a tract containing a total of 144.012 acres of land owned by the Hassie Hunt Explora- tion Company is necessary to be acquired for public purposes; and WHEREAS, the hereinabove named property owner has refused to accept the sum of money offered it for the acquisition of fee simple title to said land; and WHEREAS, the City Council of the CITY OF ALLEN, TEXAS finds that in order to operate an efficient public water distribution system, public necessity requires the acquisition and appropria- tion of the said property described in Exhibit "A" for public purposes, that said land is suitable for use for such purposes, and that it is necessary to acquire said property for such public purposes; and WHEREAS, the legal prerequisites required by law having been complied with, it now becomes necessary to condemn and appro- priate the fee simple title to the property described in Exhibit "A" owned by the hereinabove named party. RESOLUTION, PAGE 1 AC RESOLUTION NO. 695-4-86(R) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: 1. That it is hereby determined that public necessity requires the acquisition and appropriation of fee simple title to the property in the CITY OF ALLEN, Collin County, Texas, and more particularly described on Exhibit "A", which is attached hereto and made a part hereof for all purposes. 2. That the property described in Exhibit "A" (tract to be condemned) owned by the hereinabove named entity, is hereby determined to be necessary for public purposes. 3. That it has been reported to the City Council that efforts to reach an agreement with the owner of the property described in Exhibit "A" have failed and that such an agreement cannot reasonably be reached, although a bona fide effort has been made to reach an agreement with the owner of said property. 4. That it is hereby determined that a bona fide offer has been made to the said property owner and that the CITY OF ALLEN cannot agree with said property owner as to the damages legally allowable by law. 5. That the City Council of the CITY OF ALLEN determines to appropriate the fee simple title to the property described in Exhibit "A" for use in connection with the operation of an effi- cient public water distribution system for the said city under the exercise of the right of eminent domain as set forth in the Constitution and statutes of the State of Texas authorizing such condemnation. RESOLUTION, PAGE 2 AC RESOLUTION NO. 695-4-86(R) 6. That the City Manager and Law Offices of Earl Luna, P.C. are hereby authorized and instructed to institute the neces- sary administrative proceedings, suit or suits and to take what- ever action that may be necessary in connection with the acqui- sition of the property described in Exhibit "A" (tract to be condemned) in fee simple and to file a condemnation petition or petitions with a Court of competent jurisdiction in Collin County, Texas having jurisdiction over eminent domain matters, and to request the appointment of condemnation commissioners and to thereafter promptly follow said proceedings in order that the CITY OF ALLEN may appropriate and condemn the fee simple title in and to said property for the purposes herein set forth. 7. That should it be subsequently determined that addi- tional persons, other than those named herein, have an interest in said property, then, and in that event, the City Manager and attorney are directed to join said parties as Defendants in said condemnation suit. That this Resolution shall take effect immediately after its passage. PASSED AND APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, on the 17th day of April, Mayor,City-ofllen -_ ATTEST: " Secretary, City of Allen RESOLUTION, PAGE 3 AC 0 t. ATTACHMENT TO RESOLUTION NO. 695-4-86(R) LEGAL DESCRIPTION Being a 5.974 acre tract in the James T. Roberts Survey, Abstract No. 777, Collin County, Texas, said tract being part of a 148.614 acre tract described in deed to Hassie Hunt in Volume 966, Page 462, Deed Records, Collin County, Texas, said tract being more particularly described as follows; COMMENCING at a 1/2 inch iron rod in the South line of FM 2786 (Stacy Rd.), (120' R.O.W.), said point being the most northerly intersection of the South line of FM 2786 and the East line of State Highway 5; THENCE S 880 49' 57" E, (all bearings are based on State R.O.W. calls for said FM 2786), with the South line of FM 2786 a distance of 600.00 feet to a 1/2 inch iron rod, said point being the POINT OF BEGINNING; THENCE continuing S 88° 49' '57" E with said South line of FM 2786 a distance of 203.54 feet to a 1/2 inch iron rod at the beginning of a curve to the left, said curve having a Delta angle of 10 35' 30" and a radius of 5789.59 feet; THENCE along said curve to the left a distance of 160.83 feet to a 1/2" iron rod; THENCE N 890 34: 33" E. continuing along said South line of FM 2786 a distance of 35.66 feet to a 1/2" iron rod; THENCE S O10 10' 03" W a distance of 653.22 feet to a 1/2" iron rod; THENCE N 880 49' 57" W a distance.of 400.00 feet to a 1/2" iron rod; THENCE N O10 10' 03" E a distance of 650.00 feet to the POINT OF BEGINNING. CONTAINING 5.974 acres or 260,217 square feet of land more or less. EXHIBIT "A"