R-2179-6-03RESOLUTION NO. 2179-6-03(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 EAST BETHANY DRIVE AS DESCRIBED IN
EXHIBITS "A," "B," AND "C" 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 COUNCI. 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 widening of East Bethany Drive as described in Exhibits "A," "B," and "C" 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 areany errors in the descriptions contained herem 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 24ra DAY OF JUNE, 2003.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, TkMC, CITY SE RETARY
THENCE South 89 degrees 59 minutes 39 seconds West, 521.58 feet to the POINT OF
BEGINNING and containing 28,686 square feet or 0.658 acres of land, of which 9,865
square feet (0.226 acre) is currently being used by the public (prescriptive use right-of-
way). �4
Resolution No. 2179-6-03(R), Page 2
Page 1 of 1
EXHIBIT "A"
RIGHT-OF-WAY
LEGAL DESCRIPTION
BEING a tract of land out of the D.B. Hearne Survey, Abstract No. 427, located in the
City of Allen, Collin County, Texas, being part of that tract of land described in Hubbard
Williams and wife, Lois P. Williams as recorded in Volume 806, Page 142, Collin
County Deed Records, and being more particularly described as follows:
COMMENCING at a one-half inch iron rod found at the southwest comer of said
Williams tract, said point being the southeast comer of a tract of land described in Deed
to B. L. Pate & Judith Pate as recorded in Volume 1753, Page 800, Collin County Deed
Records, also being in the north line of Lot 11, Block B, Villages at Maxwell Creek,
Phase One, an Addition to the City of Allen as recorded in Cabinet K, Page 912, Collin
County Deed Records;
THENCE along the common line of said Williams and Pate tracts as follows:
North 00 degrees 38 minutes 00 seconds West, 215.84 feet to a ono -half inch iron
rod set for the POINT OF BEGINNING;
North 00 degrees 38 minutes 00 seconds West, 55.00 feet to a point for comer,
said point being in the north line of said Williams tract and the south line of a tract of
land described in Deed to Terra Investments, Inc. as recorded in Volume 1902, Page 584,
Collin County Deed Records;
THENCE North 89 degrees 59 minutes 39 seconds East, 521.53 feet along the common
line of said Terra Investments Inc. and Williams tracts to a point for comer, said point
being in the east line of said Williams tract and the west line of Maxwell Creek Drive as
shown on the Plat of Villages at Maxwell Creek, Phase One, an Addition to the City of
Allen as recorded in Cabinet K, Page 912, Collin County Plat Records;
THENCE South 00 degrees 40 minutes 47 seconds East, 55.00 feet along the common
line of said Williams tract and said Villages at Maxwell Creek Addition to a one-half
inch iron rod set for comer;
THENCE South 89 degrees 59 minutes 39 seconds West, 521.58 feet to the POINT OF
BEGINNING and containing 28,686 square feet or 0.658 acres of land, of which 9,865
square feet (0.226 acre) is currently being used by the public (prescriptive use right-of-
way). �4
Resolution No. 2179-6-03(R), Page 2
Page 1 of 1
'
RIGHT-OF-WAY EXHIBIT
LEGAL DESCRIPTION
BEING a tract of land out of the D.B. Hearne Survey, Abstract No. 427, located in the
City of Allen, Collin County, Texas, being part of that tract of land described in Hubbard
Williams and wife, Lois P. Williams as recorded in Volume 806, Page 142, Collin
County Deed Records, and being more particularly described as follows:
COMMENCING at a one-half inch iron and found at the southwest comer of said
Williams tract, said point being the southeast comer of a tract of land described in Deed
to B. L. Pate & Judith Pate as recorded in Volume 1753, Page 800, Collin County Deed
Records, also being in the north line of Lot 11, Block B, Villages at Maxwell Crack,
Phase One, an Addition to the City of Allen as recorded in Cabinet K, Page 912, Collin
County Deed Records;
THENCE along the common line of said Williams and Pate tracts as follows:
North 00 degrees 38 minutes 00 seconds West, 215.84 feet to a one-half inch imn
rod set for the POINT OF BEGINNING;
North 00 degrees 38 minutes 00 seconds West, 55.00 feet to a point for comer,
said point being in the north line of said Williams tract and the south line of a tract of
land described in Deed to Terra Investments, Inc. as recorded in Volume 1902, Page 584,
Collin County Deed Records;
THENCE North 89 degrees 59 minutes 39 seconds East, 521.53 feet along the common
line of said Tena Investments Inc. and Williams tracts to a point for comer, said point
being in the east line of said Williams tract and the west line of Maxwell Creek Drive as
shown on the Plat of Villages at Maxwell Creek, Phase One, an Addition to the City of
Allen as recorded in Cabinet K, Page 912, Collin County Plat Records;
THENCE South 00 degrees 40 minutes 47 seconds East, 55.00 feet along the common
line of said Williams tract and said Villages at Maxwell Creek Addition to a one-half
inch iron rod set for comer;
I
THENCE South 89 degrees 59 minutes 39 seconds West, 521.58 feet to the POINT OF
BEGINNING and containing 28,686 square feet or 0.658 acres of land, of which 9,865
square feet (0.226 acre) is currently being used by the public
way).
Resolution No. 2179-6-03(R), Page 3
EXHIBIT "C"
' (Page 1 of 2)
LEGAL DESCRIPTION
RIGHT-OF-WAY DEDICATION
BEING a tract out of the William Snider Survey, Abstract No. 821 located in the City of
Allen, Collin County, Texas, being part of that called 76.017 note tract of land conveyed
to Terra hnvcstments, Inc. as recorded in Volume 1902, Page 584, Collin County Deed
Records, and being more particularly described as follows:
BEGINNING at an"X" N concrete set at the southwest comer of said 76.017 acre tract,
said point being the northwest comer of a 0.75 acre tract of land described in Deed to
B.L. Pate and Judith A. Pate as recorded in Volume 1753, Page 800, Collin County Deed
Records, also being the northeast corner of Bethany Ridge Estates, IV, an addition to the
City of Ali= as recorded in Cabinet L, Page 894, Collin County Plat Records;
THENCE North 00 degrees 27 minutes 23 seconds West, 547.26 feel along the west line
of said 76.017 acre tract to an "x" in concrete found for comer, said point being the most
westerly southwest comer of a 68.942 acre tract described in Deed to D.R. Horthon-
Texas, Ltd. m recorded in Volume 5229, Page 4564, Collin County Deed Records;
' THENCE North 89 degrees 28 minutes 52 seconds East, 30.00 feet along the southwest
line ofsaid 68.942 acre tract toe one-half inch iron rod set for comer,
THENCE South 00 degrees 27 minutes 23 seconds East, 252.52 feet to a one-half inch
iron rod so for comer;
THENCE South 05 degrees 01 minutes 39 seconds East 75.29 feet to a one-half inch iron
rod set for comer,
THENCE South 00 degrees 27 minutes 23 seconds East, 125.00 feet to a one-half inch
iron rod ad for comer;
THENCE South 45 degrees 13 minutes 52 seconds East, 35.49 feet to a one-half inch
iron rod set for comer,
THENCE North 89 degrees 59 minutes 39 seconds East, 200.01 feet to a one-half inch
iron rod set for comer;
THENCE South 86 degrees I I minutes 38 seconds East, 150.42 feet to a one-half inch
iron rod set for comer,
THENCE North 89 degrees 59 minutes 39 seconds East, 221.02 feet to a one-half inch
iron and set for comer,
Resolutlon No. 2179-6-03fR1, Page 4
EXHIBIT "C"
(Page 2 of 2)
THENCE North 44 degrees 59 minutes 39 seconds East, 14.14 feet to a one-half inch
iron rod set for corner, said point being in the southwest line of said 68.942 acre D.R.
Horton -Texas Ltd. tract;
THENCE along the southwest line of said 68.942 acre tract as follows:
South 00 degrees 00 minutes 21 seconds East, 15.00 feet to a one-half inch von
rod found for comer;
South 89 degrees 59 minutes 39 seconds West, 50.00 feet to a one-half inch iron
red found for comer,
South 00 degrees 00 minutes 21 seconds East, 55.00 feet to a "P -K" nail found for
comer, said point being the most southerly southwest comer of said 68.942 ace tract,
also being in the north line of a tract of land described in Dead to Lois Smith Williams as
recorded in County Clck's File No. 94-0093546, Collin County Deed Records;
THENCE South 89 degrees 59 minutes 39 seconds West, 591.56 feet along the north line
of said Williams tract and the north line of previoualy mentioned 0.75 acre Pate tract to
the POINT OF BEGINNING and containing 54,927 square fee[ or 1.261 acres of land.
Resolution No. 2179-6-03(R), Page 5