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Home My WebLink AboutR-2807-3-09RESOLUTION NO. 2807-3-09(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 WATTERS 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. SECTION 2. 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 mom 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: Stephen Terrell, MAYOR ATTEST: Shelley B. Geo , ITY SEC ARR Y ' ' EXHIBIT "A^ WAITERS ROAD RIGHT-OF-WAY DEDICATION 49,137 SQUARE FEET or 1.128 ACRES I BEING a tract of land located in the JOHN FYKE SURVEY, ABSTRACT NO. 325, in the City of Allen, Collin County, Texas and being a part of a must of land described as Tract III in Heed to Quail Run Allen Homeowners Association, Inc., recorded in Document No. 20070326000402700, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch hon rod with a yellow plastic cap stamped "GLD" set in the existing West right-of-way line of Watters Road, a 60 fool righlof--way, at the Northeast comer of said Tract Ill, from which a 5/8 inch iron rod with a red plastic cap stamped' TIPTON ENG. INC." beau North 64 degrees 57 minutes 49 seconds West, 0.98 feet, said point being at the beginning of a curve to the left having a central angle of 33 degrees 09 minutes 00 seconds, a radius of 1,050.00 fat and a chord bearing and distance of South 28 degrees 17 minutes 02 seconds West, 599.07 feet; THENCE Southerly along said West right-of-way line the following three (3) courses and distance: Southwesterly along said curve to the left, an ac distance of 607.51 feet to a 1/2 inch most rod with a yellow plastic cap stamped "GDA" set for comer, South 1I degrees 42 minutes 32 seconds West, a distance of 235.98 feet to a 12 inch iron rod with a yellow plastic cap stamped "GLD" set for comer at the beginning of a curve to the left having a central angle of 12 degrees 31 minutes 20 seconds, a radius of 1,050.00 feet and a chord bearing and distance of South 05 degrees 26 minutes 52 seconds West, 229.02 feet; THENCE Southerly, along said curve to the left, an am distance of 229.48 feet to a 5/8 inch iron rod with a red plastic stamped "TIPTON ENG. INC." found at the South comer of sad Tract ID; THENCE North 00 degrees 49 minutes 02 seconds West, leaving said West right-of-way line and along the West line of said.Tmet BI, a distance of 391.81 feel to a 1/2 inch iron rod with a yellow plastic cap stamped "GID" set for corner; THENCE North 11 degrees 42 minutes 32 seconds East, leaving the West line of said Tract III, a distance of 81.16 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "GLD" out for comer at the beginning of a curve to the right having a central angle of 30 degrees 03 minutes 57 seconds, a radius of 1,110.00 feet and a chord bearing and distance of North 26 degrees 44 minutes 31 seconds Fast, 575.81 feet; THENCE Northeasterly, along said curve to the right, an arc distance of 582.47 feet to a 1/2 inch hon rod with a yellow plastic cap stamped "OLD" set in the North line of said Tenet III and the South Iia of Waterford Trails Phase II, an Addition to the City of Allen, Collin County, Texas according to the Plat thereof recorded in Cabinet P, Slide 428, Map Records, Collin County, Texas, said point being North 89 degrees 12 minutes 48 seconds East, 284.01 feel from a 1/2 inch ion rod found at the Northwest comer of said Tract IH; THENCE North 89 degrees 12 minutes 48 seconds Eau, along the common line of said Tract DI and said Addition, a distance of 83.53 feet an the POINT OF BEGINNING and containing 49,137 aquae feet or 1.128 acres of land, more or less. 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JOHN FYKE SURVEY, ABSTRACT NO. 325 D0C wLl°leL M0° CITY OF ALLEN, COWN COUNTY, TEXAS PHEASANT enTw .ow mNim ow DRIVE or +ei� � o Garcia Land Data Inc, 4w" .ate T LTD T 214.987L149 w� 1201 N. Rawer M, S. 201 ReguMd Rafms�o�el taW Survrym `*,�, 4oL.�+1bP F 31198tI026 � R�Nutivn,TX ]5081-]3]5 Na 56N j•U wy dOI OB Pye 2 of 2 SSISROWQUNL RIIN PLLEN HOA