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R-2004-11-01RESOLUTION NO. 2004-11-01(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 BETHANY DRIVE 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 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 construction of Bethany Drive as described in Exhibit "A" and map as 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 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 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 take effect immediately upon its adoption. DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 1n DAY OF NOVEMBER, 2001. T -11 =I� L MAYORStephen Art* ATTEST: Jutly Mo son, C� OlSECRETARY RESOLUTION NO. 2004-I 1-01(R) EXHIBIT "A" - Solo Page 'e7" 4 0 25 50 IS WO 150 200DTn- 1' - VVY <rAI F IM CCCT Yi 36.69' 6=4,29,40, A.V. HAMILTON Vol. 292, PO. 85 R=2020.50' Yi I.A. T=79.29' W/CAP L=158.49' CB=N36'18'23'W CD=158.45' A=7'06'19' R=600.00' / T=37.25' h, LR.s. L=74.41' CB=N42'06'22'W CD=74.36' A=3.51'07' R=600.00' T=20.18' L=40.34' CB='S9'W CD=40.33'4033' A=0'50'39' R=2015.50' T=14.85' L=29.70' CB=N42'13'44• CD=29.70' / Va•LR.S. "• \ N/CAF �MJ�@@yyyy \ � (I` A=8'46'56• 36.48' R=1255.00'� ` 0 S09 11'S3'W \, L=1992.37' 18.10' CB=N56'14'35'E 534'03'33'E p=19218' 1-31.26' -- /,,/ N18'24'44'W / / Ye LRS ■/CLP / / BY AV, 0 (PROPS Rf F jj& 4BDE N WtyRV?,484� j LEGENDe '/i J S. I/i SET NON ROD WITH A YELLOW PLASTIC N/CAP CAP STA IPMD LFF ASSOC. RIC.' NOTE% 1. ALL COORDNATE VALUES AM BEARINGS ARE MD83 11993 ADJUSTMENT)- TEAS NORTH CENTRAL ZONE 4203. ADJUSTED FROM NEASUIIEAENTS TAKEN AT TxDOT DIST T CONVERGENCE AAND NGLE AT 9 RTION POE 1ON BIDS 52 NINITES 30.1 SECONDS GRD TO SURFACE cow.•1.001s2T10 vw A.V. HAMILTON Vol. 292, PO. 85 POINT OF BEGINNNG CB=545'20'29•E CD=17.19' ,[M -L% � I . ! rROMMENCEM T EXHIBIT 'A' I 48,949 SQUARE FEET 1.124 ACRE % BETHANY DRIVE RIGHT-OF-WAY DEDICATION OITT OF THE DAVID NIX SURVEY , ABSTRACT No. 668 T.G. KENNEDY SURVEY, ABSTRACT No. 500 MICHAEL SEE SURVEY, ABSTRACT No. 543 CITY OF ALLEN, COLLIN COUNTY, TEXAS FOR EMERSON PARTNERS, INC. PREPARED BY, HALFF ASSOCIATES. NC. ENGINEERS ► SCIENTISTS DALLAS - FORT WORTH - HOUSTON SCALE, 1•=100' AVO 170MO OCTOBER. 2001 PAGE 3 OF 3