R-1513-7-97RESOLUTION NO. 1513-7-97 (R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, DONATING A PARCEL OF LAND TO THE
STATE OF TEXAS AS RIGHT OF WAY FOR THE STATE HIGHWAY 5
PROJECT
WHEREAS, the City Council recognizes the need for the reconstruction of State Highway 5
through the City of Allen; and,
WHEREAS, the City Council appreciates the efforts of the Texas Department of Transportation
for past maintenance of State Highway 5 through the City of Allen, and,
WHEREAS, the City Council recognizes the city's entitlement to market value for any property
as covered in Title III of the Uniform Relocation and Real Property Acquisition Policies Act of
1970,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS THAT:
SECTION 1: The city waive the right to just compensation as well as the right of an appraisal
and elect to donate the parcel of land adjacent to State Highway 5 to the State of Texas as right of
way.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THIS CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 17 TH DAY OF JULY, 1997.
APPROVED:
�,4L --Z-X
Stephen Terrell, MAYOR
ATTEST:
dy h rrison, CMC, CITY SECRETARY
Texas Depa ncnt of Tnnsponarion
Form D-15-162
Page t of 3 Rev. 9/91
DONATION DEED
8018-2-4
PARCEL 65
THE STATE OF TEXAS
COUNTY OF COLLiN
KNOW ALL MEN BY THESE PRESENTS:
That, CITY OF ALLEN A MUNICIPAL CORPORATION
of the County of COLLIN , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and in consideration of the sum of One Dollar ($1.00) to Grantors in hand paid by the
State of Texas, acting by and through the Texas Transportation Commission, receipt of wh gh is hereby
acknowledged, and for which no lien is retained, either expressed or implied, have this day Donated and
by these presents do Grant, Give and Convey unto the State of Texas all that certain tract or parcel of land
in COLLIN County, Texas, more particularly described in Exhibit "A," which is
attached hereto and incorporated herein for any and all purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
title to the following improvements located on the property described in said Exhibit "A," to wit:
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights
of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for
same; however, nothing in this reservation shall affect the title and rights of the State to take and use all
other minerals and materials thereon, therein and thereunder.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully claming or to claim the same or any pan
thereof.
IN WITNESS WHEREOF, this instrument is executed on this the
,t9
City Manager of Allen
day of
EXiIIBTT "A"
Collin County Page 1 of 1
Parcel 65 June 23, 1994
Highway SH 5 D-15-14
Project limits From: Exchange Parkway
To: Near Chaparral Road
CSJ: 0047-09-M 026
ACCP: 8018-02-04
Legal Laud Description for Parcel 65
Being 171 square feet or 0.0039 of an acre of land, more or less, situated in the William
Perrin Survey, Abstract Number 708, Collin County, Texas, and being all of the remainder
of a 0.008 acre tract of land conveyed to William E. Campbell, Jr., by deed dated April 4,
1979, and recorded in Volume 1166, Page 892 of the Deed Records of Collin County, Texas,
said 171 square feet of land, more or less, being more particularly described by nwJes and
bounds as follows:
Beginning at the northeast comer of said 0.008 acre tract for the POINT OF BEGINNING:
(1) THENCE South 30 degrees, 32 minutes, 30 seconds West along the east line of said 0.008
acre tract, a distance of 32.87 feet to a point for corner on the north line of Oak Hill
Addition, an addition to the City of Allen, Texas according to the map thereof recorded in
Cabinet C, Page 11 of the Map Records of Collin County, Texas:
(2) THENCE North 87 degrees, 46 minutes, 16 seconds West along the north line of said Oak
Hill Addition, a distance of 5.92 feet to the northwest comer of said Oak Hill Addition:
(3) THENCE North 30 degrees, 31 minutes, 44 seconds East along the east existing right of way
line of State Highway Number 5, a distance of 32.87 feet to the northwest comer of said
0.008 acre tract:
(4) THENCE South 87 degrees, 46 minutes, 16 seconds East along the north line of said 0.008
acre tract, a distance of 5.92 feet to the POINT OF BEGINNING and containing 171
square feet or 0.0039 of an acre of land, more or less.
Teas Department of Transportation
I. D-15-142
Page 2 of 3 Rev. 9/91
THE STATE
COUNTY OF
BEFORE ME, the undersigned, a Notary
ACKNOWLEDGMENT
on this day personally
to me on the oath of
name(s) is (are) subscribed to the foregoing instrument
purposes and consideration therein expressed.
GIVEN UNDER MY HAND ANDRAOF OFFICE, this
THE STATE OF TEXAS,
COUNTY OF
8018-2-4
Parcel 65
known to me (or proved
a credible witness) to be the person(s) whose
to me that he/she/they executed the same for the
Notary Public, State of Texas
My Commission expires on the
CORPORATE ACKNOWLEDGMENT
l9_
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
of , known to
me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said , a corporation, that he/she was
duly authorized to perfomr the same by appropriate resolution of the board of directors of such corporation and that he/she
executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
Notary Public, State of Texas
19_
My Commission expires on the —day of , l9_
Texas Depa nest of Tmnspoeation
Fomt D-15-142
Pas. 3 of 3 Rev. 9/91
After recording please return this instrument to:
M
z
U
0.
THE STATE OF TEXAS,
COUNTY OF
8018-2-4
Parcel 65
TEXAS DEPARTMENT OF TRANSPORTATION
P. 0. BOX 3067
DALLAS, TEXAS 75221-3067
CERTIFICATE OF RECORDING
R