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Home My WebLink AboutR-2880-1-10RESOLUTION NO. 2880-1-10(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, SLOPE EASEMENTS, DRAINAGE EASEMENTS, WATERLINE EASEMENTS, AND ALL ATTACHED IDIPROVEMENTS FOR THE EXTENSION OF CHAPARRAL ROAD AS DESCRIBED IN THE EXHIBITS ATTACHED HERETO, WPFHIN THE CITY OF PLANO, COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE EASEMENTS; RATIFYING PRIOR ACTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Chaparral Road is a major thoroughfare identified on the adopted Thoroughfare Plan, and, WHEREAS City staff has endeavored to acquire the right-of-way needed for the construction of the Chaparral Road bridge and waterline across Cottonwood Creek through negotiation, and, WHEREAS, despite the most earnest of intentions to reach an agreement on the transaction of land, in some cases an agreement cannot be reached and other legal means must be employed to secure the property rights to make necessary improvements for the public welfare. 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, slope easements, drainage easements, waterline easements, and all attached improvements for the extension of Chaparral Road as described in the exhibits 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, slope easements, drainage easements, waterline easements, and all attached 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 right-of-way, easements, and attached improvements, or determines that an agreement m 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 such easements. To the extent any of the foregoing actions have been taken by the City Manager and/or City Attorney prior to adoption of this Resolution, such acts are hereby ratified and approved. 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 contacted or revised property. SECTION 4. This resolution shall become effective immediately from and after its passage. C C DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12� DAY OF JANUARY, 2010. APPRO kpqk 1400f lephen errell, MAYOR ATTEST: Shelley B. Geo ITY SECIVARY Resolution No. 2880-1-10(R), Page 2 I`SI�R'.AVI VI501`yUAf.\WISII(COE d" & VpaIa1NI Resolution No. 2880-1-10(R), Page 3 Attachment EXHIBIT 'A' TRACT 1-0530 ACRE Page 1 of 6 ' RIGHT -0F -WAY DEDICATION BEING A 0.530 ACRE TRACT OF LAND SITUATED IN THE R.C. WISENANT SURVEY, ABSTRACT NO. 1012, CITY OF PLANO, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A CALLED 6.535 ACRE TRACT OF LAND DESCRIBED IN DEED TO F. ULES ARNOLD, ET UX(HEREIN AFTER REFERRED TO AS THE ARNOLD TRACT) RECORDED IN COUNTY CLERK'S FILE NO.(CC#) 94-0050644 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS(D.R.C.C.T.). BASIS OF BEARINGS FOR THIS SURVEY IS GEODETIC NORTH (TRUE NORTH) AS DETERMINED BY G.P.S. (GLOBAL POSITIONING SYSTEM) OBSERVATIONS. SAID 0.530 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID ARNOLD TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 119.454 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF PLANO RECORDED IN VOLUME 1938, PAGE 929 D.R.C.C.T, SAID POINT BEING IN COTTONWOOD CREEK; THENCE S 89-3534"W, ALONG THE SOUTH LINE OF SAID ARNOLD TRACT AND THE COMMON NORTH LINE OF SAID CITY OF PLANO TRACT, A DISTANCE OF 409.30 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET; THENCE N 69-4524"E, LEAVING SAID COMMON LINE OVER AND ACROSS SAID ARNOLD TRACT A DISTANCE OF 337.54 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET IN THE EAST LINE OF SAID ARNOLD TRACT COMMON WITH THE WEST LINE OF LOT 11 OF THE FINAL PLAT OF THE KNOLLS OF SPRING HILL, RECORDED IN VOLUME 4379, PAGE 1912 D.R.C.C.T. SAID POINT BEING IN COTTONWOOD CREEK; ' THENCE WITH SAID COMMON LINE AND ALONG COTTONWOOD CREEK THE FOLLOWING COURSES AND DISTANCES; S 32°45'06" E, A DISTANCE OF 47.97 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET; S 43°23'16" E, A DISTANCE OF 55.21 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET; S 40°4034" E, A DISTANCE OF 44.06 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.530 ACRES OF LAND MORE OR LESS. I`SI�R'.AVI VI501`yUAf.\WISII(COE d" & VpaIa1NI Resolution No. 2880-1-10(R), Page 3 ' EXHIBIT "A" Attachment TRACT 2-0.198 ACRE Page 2 Of 6 SLOPE & DRAINAGE EASEMENT 9 BEING A 0.198 ACRE TRACT OF LAND SITUATED IN THE R.C. WISENANT SURVEY, ABSTRACT NO. 1012, CITY OF PLANO, COLLIN COUNTY, TEXAS AND BEING A PORTION OFA CALLED 6.535 ACRE TRACT OF LAND DESCRIBED INDEED TO F. III ARNOLD, ET UX(HEREIN AFTER REFERRED TO AS THE ARNOLD TRACT) RECORDED IN COUNTY CLERK'S IRS NO.(CC#) 94-0050644 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS (D.R.C.C.T.). BASIS OF BEARINGS FOR THIS SURVEY IS GEODETIC NORTH (TRUE NORTH) AS DETERMINED BY G.P.S. (GLOBAL POSITIONING SYSTEM) OBSERVATIONS. SAID 0.198 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID ARNOLD TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 119.454 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF PLANO RECORDED IN VOLUME 1938, PAGE 929 D.R.C.C.T, SAID POINT BEING IN COTTONWOOD CREEK; THENCE ALONG THE SOUTH LINE OF SAID ARNOLD TRACT AND THE COMMON NORTH LINE OF SAID CITY OF PLANO TRACT, THE FOLLOWING COURSES AND DISTANCES: S 89'35'34"W, A DISTANCE OF 409.30 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE POINT OF BEGINNING; S 89°3534" W. A DISTANCE OF 109.17 FEET TO A POINT FOR CORNER; ' THENCE OVER AND ACROSS SAID ARNOLD TRACT, THE FOLLOWING COURSES AND DISTANCES: N 00°00'00" E, A DISTANCE OF 9.00 FEET TO A POINT FOR CORNER; N 89°35934" E. A DISTANCE OF 30.91 FEET TO A POINT FOR CORNER; N 69°4524" E, A DISTANCE OF 263.68 FEET TO A POINT FOR CORNER; S 20°14'36" E. A DISTANCE OF 35.00 FEET TO A POINT FOR CORNER; S 69'45'24"W, A DISTANCE OF 193.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.198 ACRES OF LAND MORE OR LESS. ry S. YAm, R.P.LS. Registered Professional Land Surveyor Texas Registration No. 4934 IS( N ",3Q%l \nAI \.WSLW9E J" 4]YIOLB Ppe]tl] SEPTEMBER 22, 2008 Resolution No. 2880-1-10(R), Page 4 1 SCALE: V = 100' CALLED 6.535 ACRES F. LILES ARNOLD ET UX CC pp 94-005&44 D.R.C.C.T. 6y0,% P0S�1� C TRACT 2 0.198 ACRES3�^/^ L9 Attachment rage .5 CIT 0 HERITAGE PARK CREENRELT/FLOODPLAIN VOL G PC. 354 P.0 C.C.T. 32.5739 ACRES APPROXIMATE CENTERLINE COTTONWOOD CREEK LOT 11 rMKE TRACT ----- - I ------ P.O.G.I TRACT 1 wmr- O.B. I I 2 TRACT 2Y-- -, APPPRRO��E ESM'T TRACT No. SEVEN r �Y/i 3 CO CT OO, D N T.M.W.D. I ESM'T TRACT No. FIVE VOL 2456. PG. 315 N.T.M.W.D. I ESM'T TRACT N. SIX D.R.C.C.T. I N.T.M.W.U. VOL. 2456, PG. 315 _=''fiY} �' I D.R.C.C.T. i VOL 2456, .t. 315 J CALLED 119.454 ACRES _ CITY OF PG. 9 VOL 1938, 29 _ I D.R.C.C.T. 9 D.R.C.C.T. --4--_____ ESM'T TRACT No. FOURUEGEan PART ONE N.W D. 0 Vf' ws wo raw• I VOL 2456456, .T. 315 ESM'i TRACT O FOUR _ D 3K w wo rKuw DA.CC.L PART TWO • .X3le wr nm raw 2456N Tu W.D. • s/s• . wo raw VOL 2456, .T. 315 O ap' wx 6ao s[T wpm O.R.C.C.T. % 'IC di x OX,aEIE 9Ei I ,xr aAwxc esF Is oemcw xoRmRm2 wrtm) As omAuxm w c.rx(aoWW wstmilw ssrFM) Resolution No. 2880-1-10(R), Page 5 EXHIBIT A SHEET 0.530 ACRE R.0 W. DEDICATION JE 3 of 3 0.198 ACRE SLOPE .w h DRAINAGE EASEMENT, aur or rxFT�,x 6>x[ axTxuv, rn�i RO. 1.1 � x c u. o. e. suc iw 0+1 ev-o,» au>x x c U(Cllm R OM S +EW Resolution No. 2880-1-10(R), Page 5 ' EXHIBIT 'A' Attachment 0.049 ACRE Page 4 of 6 WATERLINE EASEMENT BEING A 0.049 ACRE TRACT OF LAND SITUATED IN THE R.C. WISENANT SURVEY, ABSTRACT NO. 1012, CITY OF PLANO, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A CALLED 6.535 ACRE TRACT OF LAND DESCRIBED IN DEED TO F. LILES ARNOLD, ET UX(HEREIN AFTER REFERRED TO AS THE ARNOLD TRACT) RECORDED IN COUNTY CLERK'S FILE NO.(CC#) 94-0050644 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS(D.RC.C.T.). BASIS OF BEARINGS FOR THIS SURVEY IS GEODETIC NORTH (TRUE NORTH) AS DETERMINED BY G.P.S. (GLOBAL POSITIONING SYSTEM) OBSERVATIONS. SAID 0.049 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID ARNOLD TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 11 9A54 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF PLANO RECORDED IN VOLUME 1938, PAGE 929 D.R.C.C.T, SAID POINT BEING ON THE WEST LINE OF THE FINAL PLAT OF KNOLLS OF SPRING HILL, AS RECORDED IN VOLUME 4379, PAGE 1912, DEED RECORDS COLLIN COUNTY, TEXAS, SAID POINT ALSO BEING IN COTTONWOOD CREEK; THENCE ALONG THE EAST LINE OF SAID ARNOLD TRACT AND THE COMMON WEST LINE OF SAID KNOLLS OF SPRING HILL, AND SAID COTTONWOOD CREEK, THE FOLLOWING COURSES AND DISTANCES: N 40°40'34" W, A DISTANCE OF 44.06 FEET TO A POINT FOR CORNER; ' N 43°23'16" B, A DISTANCE OF 55.21 FEET TO A 5/8" BION ROD CAPPED "JACOBS" SET FOR CORNER N 32°45'06" W, A DISTANCE OF 47.97 FEET TO A 518" IRON ROD CAPPED `TACOBS" SET FOR THE POINT OF BEGINNING; THENCE OVER AND ACROSS SAID ARNOLD TRACT THE FOLLOWING COURSES AND DISTANCES: S 69°45'24" W, A DISTANCE OF 214.36 FEET TO A POINT FOR CORNER; N 20014'36'W, A DISTANCE OF 10.00 FEET TO A POINT FOR CORNER; N 69°45'24 T, A DISTANCE OF 212.78 FEET TO A POINT FOR CORNER ON THE EAST LME OF SAID ARNOLD TRACT, AND THE COMMON WEST LINE OF SAID KNOLLS OF SPRING HILL; THENCE, ALONG SAID COMMON LINE, THE FOLLOWING COURSES AND DISTANCES: P+ a+a. Ide Resolution No. 2880-1-10(R), Page 6 Attachment 'S 12°45'22"E, A DISTANCE OF 1.82 FEET TO A POINT FOR CORNER; Page 5 of 6 S 32°45'OB'E, A DISTANCE OF 8.40 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.049 ACRES OF LAND, MORE OR LESS. S. Vedro,%.P.L.S. egistered Professional Land Surveyor Texas Registration No. 4934 DESCRIPTION 1 Ll4DR\ Q"SDMDATAMSaxelIE ft'[3d Pip°] 1 FEBRUARY 20, 2009 LEGAL Resolution No. 2880-1-10(R), Page 7 r 1 LINE B RING INSTANCE Ll N. 21714'35 W 10.00 L2 5 12.45 22 E 1.52 l3 S 32'4506 E 5.40 U N 40`40'34W -4406- 406'LS a N 43.2316 W 55.21 L6 N 32'45'06 W 47.99 SCALE: 1' = 1G0' CALLED 6.535 ACRES F. LILES ARNOLD ET U% CC 94-0056644 .R.C.C.T. rM1SE��D t4G0STeA ESM'T TRACT N. SEVEN N T M.W.D. VOL. 2456, PG 315 D.R.00.T. 0.523 AC. ESM'T TRACT No. FIVE N.T M W.D VOL 2456. PG. 315 D.R.D.C.T. CALLED 119.454 ACRES VOL 1938 PG 929 D.R.C.O.T. �ESWT TRACT No. FOUR Attachment Page 6 of 6 HERITAGE PARK GREENBUT/FLOODPLAIN VOL.P$ $ PG. 354 . C.C.T. 32.5739 ACRES LOT 11 ESM'T TRACT No. SIX N.T.M.W.D VOL. 2456, PG 315 D.R.C.C.T. ~O J ESM'T TRACT No FOUR �'�" _ — __ ,I PART TWO N.T.M.W D VOL 2456, PG. 315 D.R CC T. ME B GSE 6 EECOflIC NDRnORM MMM) M R1 Mi M GPS(GID&L PYiDItlUWi SSIE9) I � EXHIBIT A I� SHEET fwe f' -toe �A�•�\pQ 0.049 ACRE WATER LINE EASEMENT M!�\•Vta� IV WI R. M a1U ri-nfnG• Ow µf.„ mi�1-Mi 3 of3 ""aTM c fmu u. Y6CRVR swan tots Resolution No. 2880-1-10(R), Page 8 PART ONE NJ M. W.D m 19M• VOL 2456, PC. 315 w mw DR.C.C.T ag ranoRW rawao am s[i WrfDmns1F asT Attachment Page 6 of 6 HERITAGE PARK GREENBUT/FLOODPLAIN VOL.P$ $ PG. 354 . C.C.T. 32.5739 ACRES LOT 11 ESM'T TRACT No. SIX N.T.M.W.D VOL. 2456, PG 315 D.R.C.C.T. ~O J ESM'T TRACT No FOUR �'�" _ — __ ,I PART TWO N.T.M.W D VOL 2456, PG. 315 D.R CC T. ME B GSE 6 EECOflIC NDRnORM MMM) M R1 Mi M GPS(GID&L PYiDItlUWi SSIE9) I � EXHIBIT A I� SHEET fwe f' -toe �A�•�\pQ 0.049 ACRE WATER LINE EASEMENT M!�\•Vta� IV WI R. M a1U ri-nfnG• Ow µf.„ mi�1-Mi 3 of3 ""aTM c fmu u. Y6CRVR swan tots Resolution No. 2880-1-10(R), Page 8