R-2164-5-03RESOLUTION NO. 2164-5-03(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION
OF A SANITARY SEWER EASEMENT FOR THE OLA SANITARY SEWER 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 SANITARY
SEWER EASEMENT; 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 a sanitary
sewer easement for the Ola Sanitary Sewer construction 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 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 sanitary sewer easement.
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 13ra DAY OF MAY, 2003.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
' Shelley B. George, TOC, -CITY SECRETARY
' EXHIM "A"
LEGAL DESCRIPTION
BEING a 12,123 square foot tract of land situated in the City of Allen, Collin County, Texas, being
further situated in the James Reed Survey, Abstract Number 758, the A. B. Perrin Survey, Abstract
Number 713 and the W. J. Jackson Survey, Abstract Number 494, and being a part of a tract of land
described to Wall Investment Company as recorded in Clerk's Document Number 95-0039963 of
the Deed Records of Collin County, Texas (D.R.C.C.T.), and being more particularly described as
follows:
COMMENCING at the southwest corner of said Wall Investment Company tract, being on the east
right-of-way line of U. S. Highway 75 (a variable width right-of-way), from which a 1/2 -inch found
iron rod bears North 78 degrees 47 minutes 06 seconds East, a distance of 0.44 feet;
THENCE North 22 degrees 44 minutes 33 seconds East, along the common east right-of-way line
of said U. S. Highway 75 with the west line of said Wall Investment Company tract, a distance of
55.95 feet to a 1/2 -inch set iron rod with a yellow plastic cap stamped "HALFF ASSOC. INC."
(herdnafo r referred to as "with cap") for the POINT OF BEGINNING;
THENCE North 22 degrees 44 minutes 33 seconds East, continuing along said common line, a
distance of 20.01 feet to a 1/2 -inch set iron rod with cap for comer,
THENCE South 65 degrees 48 minutes 22 seconds But, departing said common line, a distance of
24.45 feet to a 1/2 -inch set iron rod with cap for comer,
' THENCE North 88 degrees 51 minutes 04 seconds East, a distance of 138.36 feet to a 1/2 -inch set
iron rod with cap for comer;
THENCE South 72 degrees 41 minutes 06 seconds East, a distance of 440.30 feet to a 1/2 -inch set
iron rod with cap for comer on the west right-of-way line of Allen Drive (a 50 foot wide right-of-
way);
THENCE South 01 degree 04 minutes 27 seconds East, along said west right-of-way line, a
distance of 21.08 feet to a 1/2 -inch set iron rod with cap on the north line of Whisenant Estates
Installment No. 5, an addition to the City of Allen as recorded in Volume 4, Page 91, (P.R.C.C.T.);
THENCE North 72 degrees 41 minmes 06 seconds West, along the north line of said Whisenant
Estates Installment No. 5 and the north line of Whisenant Estates Installment No. 4, an addition to
the City of Allen as recorded in Volume 4, Page 62, of the Plat Records of Collin County, Texas
(P.R.C.C.T.), a distance of 451.94 feel to a 1/2 -inch set iron rod with cap for comer;
THENCE South 75 degrees 41 minutes 04 seconds West, continuing along said north addition line,
a distance of 11.45 feet to a 1/2 -inch set iron rod with cap for comer;
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Resolution No. 2164-5-03(R), Page 3
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' EXHIBIT "A"
THENCE South 88 degrees 51 minutes 04 seconds West, departing said north addition line, a
distance of 120.64 feet to a 1/2 -inch set iron rod with cap for comer,
THENCE North 65 degrees 48 minutes 22 seconds West, a distance of 28.44 feet to the POINT OF
BEGINNING AND CONTAINING 12,123 square feet or 0.2783 acres of land, more or less.
The basis of bearing for this description is based on Texas State Plane Coordinate System, 1983
(1993), North Central Zone 4202, based upon GPS measurements from Triangulation Station
'Buckner Reset", and "Arlington RRP". Convergence angle at "Buckner React' is 00 Degrees 59
Minutes 28.8 Seconds as computed by Corpscon v4.11.
Resolution No. 2164-5-03(R). Page 4
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