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R-1996-10-01RESOLUTION NO. 199(-10-01(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 ALMA 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 Alma 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 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 partes 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 fra DAY OF OCTOBER, 2001. APPROVED: lax Stephen Terrell, MAYOR ATTEST: ( /f�tdci 0 l2B�l.sr�r6� Judy Mo n, CMC/AAE, CITY SECRETARY 4 GP GEORGE G PEWiTi 4171 SURVEY PLAT DAVID NIX SURVEY, ASST. NO. 668 JAMES NILCOX SURVEY. ASST. NO. 1017 CITY OF ALLEN, TEXAS C at 8 z3virazzmUnwe,LTD ria • H.wN • fermeep PROPERTY DESCRIPTCN TRACT 1 BEING o tract of land M the D.H. Ni. Surve, Abstract No. 668 and the J.H. "COX Survey. "-tract No. Texas, being a Part of that cetlCM praperlY the City of an. Cdlin Cwnty. and 1017, elluoted M Mi Conveyed to AV. Ham1tm by deede record. M Vdume 290. Page 257; Volume 268, Paye 78; Vol... ; Volume porHwl7. edy deaaibedVolume Page 85 0l the Deaths Page d8being page �1:ecord.. R274 as dlo of Collin Ccunlyolume , Texas. a91. in. ' BEGINNING at on W. rod at at the most W.stCny Northeeat comm of that certain 1.4798 Care treat of Ionil canwyed to the Cily of Aller fa Alma Driw by Document Na. 9]-0104799 of the Red Property Homitan and the Retards of CdIM County, Teaaa, said point being m the West One of said Property East line of that certain Of land L. recorded M Docamanl to of as; Number 96-0070985 of thect Real Property ReOCords Cad Countytd Tex THENCE North 2'29'02' East ding said line. 31.40 feel to an km had see THENCE North 637707' East, 1070.74 feet to an Yon rod set at the beginning of a curve to Me left; THENCE NCrMsoatX11 deal sold curve to the lett having a antral an91a of 35'41'20', a rodlua of 1145.00 feet and o Chad of North 45'8'27' East 701.74 feet, on ort distance of 713.21 feel to an km rod at THENCE North 2735'46' East, 490.00 feet to an pore rad Cel an the south right-of-way line of Alma 597 Me Plat Records of CdIM County, Texas; Grim as dedicated by plat recorded M Cabinet H, Page of THENCE South 8932'40' East oleag void S., righl-of-way the of Alma Driw, 31.0 feel to an km rod at: THENCE South 2755'46' West. 504.30 feel to an Yon rad Cel at the beginning of o alive to Me right THENCE SwlhesatXdy Clang said curve to the right haxing a cantrd mgle of 35'41'20', a radius of 117250 feel and a chord of SCulh 45'46'27 West 718.59 fast.an arc distance of 730.34 feel to an from rod at South 639707 Weal 1085.90 feet to Me PLACE a BEGINNING. and containing 1.4502 acres of THENCE land. more or leas. TRACT 2 BEING o iroel of land M the D.H. Nd Su, Abetrect Na. 668 and Me J.H. W9am Survey. AbaVaet No. CaIIM Ccunty. Tens, and being o part of that Certain properly 1017, sltuotM M the atY of Mea, mwyad to A.V. HamAtm by deeds recede M Vdume 290. Page 257: Volume 288. Page 74 VMmie tin Dead. 274, e9 541; Volume 291, Pale 588: Velum. 297, Page 4M and Vdume 292. Page 85 of R.carda of "In Cwnty, Tone, and being mane partesel l7' descrbd as to": BEGINNING at an Yon rod ret at the most WeatMy SouMent Cerner of that Certain 1.4798 acre Meet AIM hadhedp Hm se No. 811an1 af the pmlY papertyyRadPtr' N Wwl IMC e/ win Hmment Rfacarda opt Cdyln to County CltyTexOf Cad point d M cuman recorded! Dal East INe of that Certain "at of land con B. -Ter v 0. LtdTe aS� Csigh Number 96-0070985 of Na Red Property RSM THENCE Nath 6397'07 East. 1116.21 feel to an Yon rod at at the begtnning of a cum to the left THENCE NaNeesteny along said curse to Ne left having a canted eagle of 35'1'20', a radius of 1227.50 feet and a chord of North 45'46'27 East 752.M feet, an arc distance of 764.50 feet to an Iran rod set, THENCE North 2153'46' EasL 532.90 feel to an Yen rad rel on the soul; right -of -Way IMe a Am N. Pope 597 of Ne Plat Regard. of Catlin County Taxa; Driw as dedicated by plat recad.d M CabM.t TMEha Scuth 891740' East rime gold Scuth right-of-way IMe of Alma Driw. 31.0 feet to on Iran rod ..t: THENCE South 2755'46' West 547.20 feet to an ice rod •el at the beginning of a Curve to Me right THENCE S Mweateriy along sold curve to Me right having a aenlral angle of 3541'20% a mace of 1255.00 feel and a chard of Scuth 45'46'27 West 769.15 feel. an ore distance of 781.73 Ml to an Iran rod nk THENCE South 6397'07 WOOL 1131.38 feet to an Iron red sot an the West line of .aid M.1t. tract and East IMe of the Bon -Tarte. Lid. Tract THENCE Nath 279'02' East along Bald IMe, 31.40 feel to the PLACE OE BEGINNING and ContaM9p 1.5388 . o/ red, more a lass. ACG EXHIBIT "A" George a. P.M. R"Ntered Profmbnd Land Surveyor Resolution No. 1996-10-OI(R) 4 GP GEORGE G PEWiTi 4171 SURVEY PLAT DAVID NIX SURVEY, ASST. NO. 668 JAMES NILCOX SURVEY. ASST. NO. 1017 CITY OF ALLEN, TEXAS C at 8 z3virazzmUnwe,LTD ria • H.wN • fermeep W A Tim . » p LO � y§ dj , \ � ---------_----- || p LO � y§ dj