R-1951-6-01RESOLUTION NO. 1951-&OI(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 ANGEL PARKWAY 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 TT 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 Angel Parkway 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 parties of the
property proceedings in eminent domain to acquire the street right-of-way.
SECTION 3. If it is later determined that there we 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 7r" DAY OF JUNE, 2001.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Juidy Madison, CMC/AAE, CITY SECRETARY
' EXHIBIT A (Page 1 of 3)
2.217 ACRE RIGHT-OF-WAY
Being a 2.217 acre tract of land out of the W. Fisher Survey, Abstract No. 323 situated in
the City of Allen, Collin County, Texas, being part of that called 13.5605 acre tract
described in Deed to 2170 / Malone Joint Venture as recorded in Volume 2885, Page
708, Collin County Deed Records, and being more particularly described as follows:
BEGINNING at the southeast corner of said 13.5605 acre tract, said point also being the
southeast corner of a Channel Easement as recorded in Volume 517, Page 252, Collin
County Deed Records;
THENCE North 89 degrees 29 minutes 34 seconds West, 130.00 feet along the south line
of said 13.5605 acre tract and the south line of said Channel Easement to a point for
comer;
THENCE North 00 degrees 33 minutes 02 seconds East, 281.36 feet to a point for comer;
THENCE North 01 degrees 47 minutes 10 seconds East, 350.15 feet to a point for comer;
THENCE North 00 degrees 05 minutes 08 seconds East, 34.93 feet to a point for comer,
' said point being in the north line of said 13.5605 acre tract, being in the south line of a
called 94.5681 acre tract described in Deed to D -F Fund VII, L.L.C. as recorded in
Document No. 94-0110063, Collin County Deed Records;
THENCE South 89 degrees 29 minutes 34 seconds East, 133.76 feet along the south line
of said 94.5681 acre tract to a point for comer;
THENCE South 49 degrees 09 minutes 04 seconds East, 110.00 feet along the south line
of said 94.5681 acre tract to a point for comer;
THENCE southwesterly, 281.33 feet along a curve to the right having a radius of 400.00
feet, a central angle of 40 degrees 17 minutes 52 seconds, a tangent of 146.77 feet, and a
chord bearing and distance of South 20 degrees 41 minutes 58 seconds, 275.57 feet to a
point for comer;
THENCE South 00 degrees 33 minutes 02 seconds West, 336.52 feet along the east line
of said 13.5605 acre tract to the POINT OF BEGINNING and containing 96,568 square
feet or 2.217 acres of land.
I
Note: Bearings based on Deed to Texas Parks & Recreation Foundation as recorded in
Volume 4428, Page 236, Collin County Deed Records. -.401%,
Resolution No. 1951-6-01(R)
av4 d
EXHIBIT A (Page 2 of 3)
0.306 ACRE TEMPORARY CONSTRUCTION & SLOPE EASEMENT
Being a 0.306 acre tract of land out of the W. Fisher Survey, Abstract No. 323 situated in
the City of Allen, Collin County, Texas, being part of that called 13.5605 acre tract
described in Deed to 2170 / Malone Joint Venture as recorded in Volume 2885, Page
708, Collin County Deed Records, and being more particularly described as follows:
COMMENCING at the southeast comer of said 13.5605 acre tract, said point also being
the southeast comer of a Channel Easement as recorded in Volume 517, Page 252, Collin
County Deed Records;
THENCE North 89 degrees 29 minutes 34 seconds West, 130.00 feet along the south line
of said 13.5605 acre tract and the south line of said Channel Easement to the POINT OF
BEGINNING;
THENCE North 89 degrees 29 minutes 34 seconds West, 20.00 feet, continuing along
said south line to a point for corner;
THENCE North 00 degrees 33 minutes 02 seconds East, 281.59 feet to a point for comer;
THENCE North 01 degrees 47 minutes 10 seconds East, 350.07 feet to a point for comer;
THENCE North 00 degrees 05 minutes 08 seconds East, 34.78 feet to a point for comer
in the south line of a called 94.5681 acre tract described in Deed to D -F -Fund VII, L.L.C.
as recorded in Document No. 94-0110063, Collin County Deed Records;
THENCE South 89 degrees 29 minutes 34 seconds East, 20.00 feet along the south line
of said 94.5681 acre tract to a point for comer;
THENCE South 00 degrees 05 minutes 08 seconds West, 34.93 feet to a point for corner;
THENCE South 01 degrees 47 minutes 10 seconds West, 350.15 feet to a point for
comer;
THENCE South 00 degrees 33 minutes 02 seconds west, 281.36 feet to the POINT OF
BEGINNING and containing 13,329 square feet or 0.306 acre of land.
Note: Bearings based on Deed to Texas Parks & Recreation Foundation as recorded in
Volume 4428, Page 236, Collin County Deed Records.
Resolution No. 1951-6-01(R)
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EXHIBIT A (PAGE
3 OF 3)
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D-F FUND NI, LL.C.
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DOC. NO. 94-0110063
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D-F FUND Al. LLC.
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DOC. N0. 94-0110083
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XI
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RIGHT-OF-WAY
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2.217 ACRES
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2170 / MALONE J.V.
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VOL 2885, PG. 708
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M-s M'eo'w
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20' TEMPORARY CONSTRUCTION-
AND SLOPE EASEMENT
0.306 ACRES
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J.R. & R. ALLEN
VOL 1828, PG. 216
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20. '
F.M. 2170
livauo' PwtT a F.M. 2170
O.R. HORTON
O.R. HORTON-TEXAS LTD T
TEXAS LTD
VOL. 4397, PG. 991
VOL. 4397.
G. WARD PAXTON
PG. 991
DOC. NO. 94-0011304
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Resolution
No. 1951-6-01(R)
SCALE:
DATE DRANK PROJECT
1" = 200'
04-25-01 WJJ AN501-exhl.dwg