R-1952-6-01RESOLUTION NO. 1952-6-01(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DETERMINING THE NECESSrrY FOR THE ACQUISITION
OF STREET RIGHT-OF-WAY FOR MALONE ROAD 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 the widening of Malone Road 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 parries 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 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 take effect immediately upon its adoption.
DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, ON THIS THE 7"r DAY OF JUNE, 2001.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
JJ dN
l��\� th1� V SE y Motiison, CMC/AAEC
, rrY SECRETARY
CITY OF ALLEN, TEXAS May 2, 2001
FIELD NOTE
FOR RIGHT-OF-WAYACIQUIITION
/ FROM THE PROPERTY OF
V MALONE VENTURE #2
(VOLUME 96-0063476 DEED RECORDS OF COLLIN COUNTY)
BEING a 0.22 acre tract of land located in the Witsaul Fisher Survey, Abstract No. 323, City of Allen,
Colhn County, Texas, and being part of a 3.1097 acre tract of land conveyed to Malone Venture #2, by a
deed now of record in Volume 96-0063476 of the Deed Records of Collin County, Texas (DRCCT), said
0.22 acre tract of land being more particularly described as follows:
BEGINNING at a point for a comer, said point being a '/f inch iron rod set in the north property line of the
said Malone Venture #2 tract and the south property line of a tract of land conveyed to Lennar Homes of
Texas Land and Construction, Ltd. as recorded in Volume 4629, Page 2208, DRCCT, said point also being
in the centerline of C.R. 264 (Malone Rd.), said point being in the east boundary line of the Peter Fisher
Survey (Abstract No. 324) and the west boundary line of the Witsaul Fisher Survey (Abstract No. 323),
said point being N 68°42'51" W, a distance of 262.86 feet from a 1/2 inch iron rod found in the northeast
property line of the said Malone Venture #2 tract and the southwest property line of the said Lennar Homes
tract, said point also being N 89°55'05" W, a distance of 245.00 feet from a 'h inch iron rod found for the
most north, northeast comer of the said Malone Venture #2 tract;
THENCE S 89°55'05" E, a distance of 30.00 feet to a %, inch iron rod set in the north property line of said
' Malone Venture #2 out and the south property line of the said Lennar Homes tract;
THENCE S 00°04'55" W, leaving the north property line of the said Malone Venture #2 and the south
property line of the said Lermar Homes tract, being at all times parallel and at a perpendicular distance of
30.00 feet to the west property line of the said Malone Venture #2 tract and the centerline of the said C.R.
264 (Malone Rd.), a distance of 316.33 feet to a % inch iron rod set in the south property line of the said
Malone Venture #2 tract and m the north right-of-way of F.M. 2170 (Main St., 100 foot right-of-way);
THENCE N 44042'12" W, along the south property line of the said Malone Venture #2 tract and the said
north right-of-way F.M. 2170 (Main St.) rightof-way, a distance of 6.12 feet to a % inch iron rod set in the
south property line of the said Malone Venture #2 tract and the north right-of-way line of F.M. 2170 (Main
St.);
THENCE N 89°41'52" W, continuing along the south property line of the said Malone Venture #2 tract
and the north right-of-way of F.M. 2170 (Main St.), a distance of 25.69 feet to a Y. inch iron rod set for the
southwest corner of the said Malone Venture #2 tract, said point also being in the centerline of C. R. 264
(Malone Rd.), said point also being in the west boundary line of the said Witsaul Fisher Survey (Abstract
No. 323) and the east boundary line of the said Peter Fisher Survey (Abstract No. 324);
THENCE N 00004'55" E, along the west property line of the said Malone Venture #2 tract and the
centerline of C.R. 264 (Main St.), along the west boundary line of the Witsaul Fisher Survey (Abstract No.
323) and the east boundary line of the Peter Fisher Survey (Abstract No. 324), a distance of 311.89 feet to
the POINT OF BEGINNING and containing 0.22 Acres (9,368 sq, ft.) of land, more or less.
OF 7r,
A yellow plastic cap stamped with "SJ&F" identifies all %a inch iron rods set. 6 ••Qy
City of Allen 0 CLINTON HENC
Right -of -Way Acquisition /r •••5073
Malone Venture #2 Tract Field Note Description L �t
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