R-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
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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
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Page 3 of 3
Resolution No. 2165-5-03(R), Page 4
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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;
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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
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Page 3 of 3
Resolution No. 2165-5-03(R). Page 7