R-1311-1-95RESOLUTION NO. 1311-1-95(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING THE ACQUISITION OF PRIVATE REAL
PROPERTY FOR PUBLIC PURPOSES FOR USE BY THE CITY OF ALLEN, TEXAS;
DECLARING THAT THE ACQUISITION OF FEE SIMPLE TITLE TO SAID
PROPERTY IS A PUBLIC NECESSITY, AND AUTHORIZING, IF NECESSARY,
THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE, OR
OTHERWISE TAKE, FEE SIMPLE TITLE TO SAID PROPERTY.
WHEREAS, the City of Allen, Texas, is desirous of acquiring certain private real property for use in the
development and expansion of their public road system, in order to promote the public safety and to facilitate
the safety and movement of traffic; and,
WHEREAS, in furtherance of the above purposes, the City of Allen, Texas, is interested in acquiring certain
private real property for use in laying out, opening, constructing, reconstructing, maintaining, and operating
Allen Heights Drive; and,
WHEREAS, the Home Rule Charter of the City of Allen, Texas, as well as Chapters 251, 273, and 402 of
the Local Government Code, Vernon's Texas Codes Annotated, authorize the acquisition of private real
property, by gift, dedication, or purchase, with or without condemnation; and,
WHEREAS, the City Council of the City of Allen, Texas, has determined that the property which it is
desirous of acquiring for the above -stated public purposes is located within Collin County, Texas, as required
by Section 273.001 of the Local Government Code, V.T.C.A.; and,
WHEREAS, the City Council of the City of Allen, Texas, has determined that the proposed uses of the
private real property which it desires to acquire are lawful public purposes as established by the Home Rule
City Charter of the City of Allen, Texas, and/or Chapters 251, 273, and 402 of the Local Government Code,
V.T.C.A.;
WHEREAS, the City Council of the City of Allen, Texas, finds that a necessity exists for acquisition of fee
simple title to said private real property for use as heretofore stated; and,
WHEREAS, if acquisition of said property cannot be accomplished through negotiations with the owner(s)
of said property, the City Council of the City of Allen, Texas, is willing to acquire or "take" said property
through proceedings in eminent domain;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The City Manager of the City of Allen, Texas is hereby authorized to negotiate with the
owners for the purchase of those tracts of land to acquire the following:
Tract No. 1 Fee Simple Title for Right -of -Way - 0.4537 acres; slope easement - .0386 acres;
Tract No. 2 Fee Simple Title for Right -of -Way - 0.4364 acres; slope easement - 0.1041 acres;
Tract No. 3 Fee Simple Title for Right -of -Way - 1.8232 acres; drainage easement - 0.2351 acres, which
property is more fully described in Exhibits 1 - 3 attached hereto and made a part hereof.
SECTION 2: As a part of the negotiations, the City Manager of the City of Allen, Texas is authorized
to consider acquisition of said property(ies) by gift, dedication, purchase, or otherwise.
SECTION 3: A necessity exists for the acquisition of a fee simple title interest in and to the right-of-way
over said property(ies) so that the same may be used for public purposes as aforesaid, and to further acquire
the slope and drainage easements over said properties, all as described more fully in the Exhibits 1 - 3
attached hereto, and therefore, if the properties cannot be acquired through negotiations, the City Manager
of the City of Allen, Texas, is hereby authorized to institute, on behalf of the City, proceedings in eminent
domain to acquire the above fee simple title and easements to said property(ies) through condemnation.
SECTION 4: The City Manager of the City of Allen, Texas, is hereby authorized to employ real property
appraisers as he may deem necessary to assist him in the acquisition of said real property(ies), whether the
same be through negotiations or through condemnation.
SECTION 5: The City Manager of the City of Allen, Texas, is hereby authorized to employ legal counsel
as he may deem necessary to assist him in the acquisition of said property(ies), whether the same be through
negotiations and contract or through condemnation.
SECTION 6: If the property can be obtained through negotiation, as a part of the negotiations for the
acquisition of said property(ies), the City Manager of the City of Allen, Texas, is authorized to enter into
a written contract(s) with the owner(s) of the property(ies), subject to final approval thereof by the City
Council of the City of Allen, Texas, as required by law.
RESOLVED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS 19TH DAY OF JANUARY, 1995.
APPROVED:
lao
J& Farmer, MAYOR
ATTEST: -
y Mo son, CMC, CITY SECRETARY
Resolution No. 1311-1-95(R) page 2
STATE OF TEXAS
COUNTY OF COLLIN
THAT
RESOLUTION NO. 1311-1-95(R)
CITY OF ALLEN EXHIBIT 1
RIGHT-OF-WAY DEED
§ KNOW ALL MEN BY THESE PRESENTS:
§
hereinafter termed GRANTOR, whether one
or several, of the County of Collin, State of Texas, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration to GRANTOR in hand paid by the City of Allen, Texas, the receipt and
sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and do by
these presents GRANT, SELL and CONVEY unto the City of Allen the following described tract or parcel of land
situated in the City of Allen, Texas and being more particularly described as follows:
BEING a portion of a tract of land situated in the George W. Ford Survey, Abstract No. 328, City
of Allen, Collin County, Texas and being a portion of that tract described in a Deed conveying an
undivided one-half interest to Shirley C. Martin from V.I. Martin, Jr., as recorded in Volume 2642,
Page 511 of the Deed Records of Collin County, Texas (DRCCT), and being out of a called 65.649
acre tract of land conveyed to George R. Richie and Charles Summerall by Deed recorded in Volume
674, Page 201, DRCCT and being more particularly described as follows:
BEGINNING at the northeast corner of said Martin tract, same also being the southeast corner of a
called 10 acre tract of land conveyed to Clarence C. Carter and wife, Helga T. Carter by Deed
recorded in Volume 762, Page 416, DRCCT;
THENCE South 00 deg. 08 min. 48 sec. West, along the east line of said Martin tract, 396.30 feet
to the southeast corner of said Martin tract being also on the north line of of a Street Dedication Plat
for Bethany Road Phase "B" as recorded in Cabinet F-65 of the Map Records of Collin County,
Texas (MRCCT);
THENCE South 89 deg. 51 min. 58 sec. West, along the said north line of the Plat for Bethany Road
Phase "B", 70.22 feet to a point for corner;
THENCE North 45 deg. 07 min. 41 sec. East, departing the said north line of Bethany Road Phase
"B-, 28.42 feet to a point for corner;
THENCE North 00 deg. 23 min. 34 sec. East, 376.31 feet to a point on the south line of said Carter
tract;
THENCE North 89 deg. 51 min. 48 sec. East, along the said south line of the Carter tract, 48.51
feet to the PLACE OF BEGINNING and containing 0.4537 acres or 19,764 square feet of land, more
or less.
(See Attached Exhibit "A")
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and hereditaments
thereunto in anywise belonging unto the said City of Allen, its successors and assigns:
And GRANTOR hereby binds himself and his heirs, executors, and administrators to warrant and defend the rights and
title to said premises unto the said City of Allen against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
Witness hand , this the day of
State of Texas, County of Collin
A.D. 19
Before me, the undersigned authority, personally appeared , who in my presence subscribed
the foregoing petition and who after having been duly sworn deposed and said that he is the owner, or agent, of the
property described herein the foregoing petition that the above and foregoing statements of matters, facts, values and
any exhibits attached hereto, are true and correct.
Given under my hand and seal of office this the of
Notary Public,
Parcel MS
Name • Shirley Niartin from V.I. Nbrtin
BB,...)UMARTI NSD.AKH/BBL 1
19
County, Texas
RIGHT—OF—WAY DEDICATION RESOLUTION No. 1311-1-95(R)
V.I. MARTIN EXHIBIT 1
CITY OF ALLEN, COLLIN COUNTY, TEXAS
GEORGE W. FORD SURVEY, ABST. NO. 328
EXHIBIT 'A'
I
ACQUISITION: 0.4537 Ac.
Place of 110,
Beginning
I
G.W. Ford Svy., Abst. No. 328 . . .
R. C. Whisenant Svy., Abst No. 1012 J. Snider Svy.
IAbst. No. 848
.. r %1 -06
120
HUNTER ASSOCIATES, INC.
ENGINEERS/PLANNERS/SURVEYORS
DALLAS AUM
214-369-9171 512-454-8718
DRAWN BY: :ALE:
JDF 1"=60'
,AD ID:
APPROVED BY:
1D93012E 33012P5.DWG
JOB NUMBER: DATE:
MAY 1993
C6
LLJ
w
�-
o
.(10
00
-0)
LO
::
zn
-
Cu
w
i
co
z
00
cu
C,4N
,
04
Ld
'P.
0
Z
z
C:)
0
u')
00
:��
z
L0
�F)
:.;.
00
:3
M
C
G.W. Ford Svy., Abst. No. 328 . . .
R. C. Whisenant Svy., Abst No. 1012 J. Snider Svy.
IAbst. No. 848
.. r %1 -06
120
HUNTER ASSOCIATES, INC.
ENGINEERS/PLANNERS/SURVEYORS
DALLAS AUM
214-369-9171 512-454-8718
DRAWN BY: :ALE:
JDF 1"=60'
,AD ID:
APPROVED BY:
1D93012E 33012P5.DWG
JOB NUMBER: DATE:
MAY 1993
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 1
ROADWAY SLOPE EASEMENT
THE STATE OF'TEXAS §
COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS:
That S(hereinafter called
Grantor, whether one or more) , for the sum of TEN DOLLARS and other
good and valuable consideration paid by the CITY OF ALLEN, TEXAS,
a Texas municipality (hereinafter called Grantee, whether one or
more), the receipt and sufficiency of which is hereby acknowledged,
does hereby GRANT, SELL AND CONVEY unto Grantee a slope easement
upon and across property owned by Grantor which said slope easement
hereby conveyed is described as follows:
BEING a portion of a tract of land situated in the George
W. Ford Survey, Abstract No. 328, City of Allen, Collin
County, Texas and being a portion of that tract described
in a deed conveying an undivided one-half interest to
Shirley C. Martin from V.I. Martin, Jr. as recorded in
Volume 2642, Page 511 of the Deed Records of Collin
County, Texas (DRCCT) and being out of a called 65.649
acre tract of land conveyed to George R. Richie and
Charles Summerall by deed recorded in Volume 674, Page
201, DRCCT and being more particularly described as
follows:
BEGINNING at a point on the north line of said Martin
tract, being on the south line of a called 10 acre tract
of land conveyed to Clarence C. Carter and wife, Helga T.
Carter by deed recorded in Volume 762, Page 416, DRCCT
and being on the proposed west ROW line of Allen Heights
Drive (110 ft. width);
THENCE South 0 deg. 23 min. 34 sec. West along the said
proposed west ROW line of Allen Heights Drive, 376.31
feet to an angle point on the said proposed west ROW line
of Allen Heights Drive;
THENCE North 0 deg. 58 min. 13 sec. West, 336.33 feet to
a point on the said south line of the Carter 10 acre
tract;
THENCE North 89 deg. 51 min. 48 sec. East along the said
south line of the Carter 10 acre tract, 8.80 feet to the
PLACE OF BEGINNING and containing 1,681 square feet of
land, more or less.
The slope easement rights and privileges herein granted shall
be used only for the purpose of constructing, and maintaining side
slopes associated with the paving and drainage improvements to
Allen Heights Drive and all appurtenances thereto.
The easement rights, and privileges herein granted shall be
perpetual. Grantor hereby binds Grantor, Grantor's heirs,
successors or assigns, to warrant and forever defend the above
described easement unto Grantee, its successors or assigns, against
every person whomsoever lawfully claiming or to claim the same or
any part thereof.
There are no liens, attachments, or other incumberances which
will affect the title or right of the Owner to convey this easement
to the City for the purposes as described herein. If such
condition does exist, a signature with acknowledgement shall be
included and made a part of this document conveying the rights and
privileges contained herein.
Page 1 of 3
B B (e:.) L/S LO P ES MT . AKH /BBL l
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 1
The easement rights and privileges granted herein are
exclusive and Grantor covenants that Grantor will not convey any
other easemeht or conflicting rights within the area covered by
this grant.
This instrument shall be binding upon the successors or
assigns of the parties hereto.
IN WITNESS WHEREOF, this instrument is executed this
day of lg
OWNER:
THE STATE OF TEXAS §
COUNTY OF §
M.
Owner:
Lienholder:
V
e
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the day
, 1993, by and
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
Page 2 of 3
B&m.) L/SLOPESMT. AKH/BBL 1
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 1
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day
of , 1993, by
and
if LIENHOLDER:
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day
of , 1993, by
and
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
Page 3 of 3
BB(ae.)L/SLOPESMT. AKH/BBL 1
e
r-'
|
�
DALLAS AU"N
|
STATE OF TEXAS
COUNTY OF COLLIN
THAT
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 2
CITY OF ALLEN
RIGHT-OF-WAY DEED
§ KNOW ALL MEN BY THESE PRESENTS:
hereinafter termed GRANTOR, whether one
or several, of the County of Collin, State of Texas, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration to GRANTOR in hand paid by the City of Allen, Texas, the receipt and
sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and do by
these presents GRANT,�SELL and CONVEY unto the City of Allen the following described tract or parcel of land
situated in the City of Allen, Texas and being more particularly described as follows:
BEING a portion of a called 10 acre tract of land situated in the George W. Ford Survey, Abstract
No. 328, City of Allen, Collin County, Texas and being a portion of that tract conveyed to Clarence
C. Carter and wife, Helga T. Carter by Deed recorded in Volume 762, Page 416 of the Deed Records
of Collin County, Texas (DRCCT) and being out of a called 65.649 acre tract of land conveyed to
George R. Richie and Charles Summerall by Deed recorded in Volume 674, Page 201, DRCCT and
being more particularly described as follows:
BEGINNING at the northeast comer of said 10 acre Carter tract, same being the southeast corner of
a called 10 acre tract of land conveyed to Robert Powell Tod by Deed recorded in Volume 1600,
Page 721, DRCCT;
THENCE South 0 deg. 08 min. 48 sec. West, along the east line of said Carter tract, 398.90 feet
to a point for corner, same being also the northeast corner of a tract of land described in a deed
conveying an undivided one-half interest to Shirley C. Martin from V.I. Martin, Jr., as recorded in
Volume 2642, Page 511 DRCCT;
THENCE South 89 deg. 51 min. 48 sec. West, along the north line of said Martin tract, 48.51 feet
to a point for comer;
THENCE North 0 deg. 23 min. 34 sec. East, departing the said north line of the Martin tract,
398.91 feet to a point on the south line of said Tod tract;
THENCE North 89 deg. 51 min. 48 sec. East, along the said south line of the Tod tract, 46.80 feet
to the PLACE OF BEGINNING and containing 0.4364 acres or 19,011 square feet of land, more or
less.
(See Attached Exhibit "A")
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and hereditaments
thereunto in anywise belonging unto the said City of Allen, its successors and assigns:
And GRANTOR hereby binds himself and his heirs, executors, and administrators to warrant and defend the rights and
title to said premises unto the said City of Allen against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
Witness hand
State of Texas, County of Collin
, this the day of
, A. D. 19
Before me, the undersigned authority, personally appeared , who in my presence subscribed
the foregoing petition and who after having been duly swom deposed and said that he is the owner, or agent, of the
property described herein the foregoing petition that the above and foregoing statements of matters, facts, values and
any exhibits attached hereto, are true and correct.
Given under my hand and seal of office this the
Parcel x4
Name - Clarence C. Carter and wife, Help T. Carter
BB(a..) UCARTER4D. AKH/BBL l
of
19
RIGHT—OF—WAY DEDICATION 1311-1-95(R) > /� > '
CLARENCE C. CARTER MIBZT 2 EXHIBIT A
10 AC.
CITY OF ALLEN, COLLIN COUNTY, TEXAS ACQUISITION: 0.4364 Ac.
GEORGE W. FORD SURVEY', ADST. NO. 328 REMAINDER: 9.5636 Ac.
G7 N
Q)
_T1O Z l__L
O
Q
°- I cn
< Q
' Place In'g
Beginni
Z m Z
IC4 o
ryH
00 N W
Co
0
Co
od
VC), " 0)
00 r") "
d 0
LLJ ^ lIP CA W 1 r
00 l
N Q
L � 00
Q � 00 :.
J
110'
HUNTER ASSOCIATES, INC.
ENGINEERS/PLANNERS/SURVEYORS
DALLAS AUSTIN
214-3110-9171 512-454-8718
DRAWN BY: SCALE:
JDF 1"=60'
CAD ID: APPROVED BY:
93012P4.DWG
JOB NUMBER: DATE:
D93012E I MAY 1993 TSHFFT OF I
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 2
ROADWAY SLOPE EASEMENT
THE STATE O7r TEXAS §
COUNTY OF COLLINKNOW ALL MEN BY THESE PRESENTS:
§
That
Grantor, whether one or more) , for the sum of STEN DOLLARS andcalleother
good and valuable consideration paid by the CITY OF ALLEN, TEXAS,
a Texas municipality (hereinafter called Grantee, whether one or
more), the receipt and sufficiency of which is hereby acknowledged,
does hereby GRANT, SELL AND CONVEY unto Grantee a slope easement
upon and across property owned by Grantor which said slope easement
hereby conveyed is described as follows:
BEING a portion of a called 10 acre tract of land
situated in the George W. Ford Survey, Abstract No. 328,
City of Allen, Collin County, Texas and being a portion
of that tract conveyed to Clarence C. Carter and wife,
Helga T. Carter by deed recorded in Volume 762, Page 416
of the Deed Records of Collin County, Texas (DRCCT) and
being out of a called 65.649 acre tract of land conveyed
to George R. Richie and Charles Summerall by deed
recorded in Volume 6741 Page 201, DRCCT and being more
particularly described as follows:
BEGINNING at a point on the north line of said 10 acre
Carter tract being on the south line of a called 10.00
acre tract of land conveyed to Robert Powell Tod by deed
recorded in Volume 1600, Page 721, DRCCT and being South
89 deg. 51 min. 48 sec. West from the northeast corner of
said Carter 10 acre tract and being on the proposed west
ROW line of Allen Heights Drive;
THENCE South 0 deg. 23 min. 34 sec. West along the said
proposed west ROW line of Allen Heights Drive, 398.91
feet to a point for corner being on the south line of
said Carter 10 acre tract and the north line of a tract
of land described in a deed conveying an undivided one-
half interest to Shirley C. Martin from V.I. Martin, Jr.
as recorded in Volume 2642, Page 511 DRCCT;
THENCE South 89 deg. 51 min. 48 sec. West along the north
line of said Martin tract, 8.80 feet to a point for
corner;
THENCE North 0 deg. 45 min. 34 sec. West, departing the
said north line of the Martin tract, 158.90 feet to an
angle point for corner being perpindicular to and 12.00
feet from the said proposed west ROW line of Allen
Heights Drive;
THENCE North 89 deg. 51 min. 48 sec. East, parallel to
and 12.00 feet from the said proposed west ROW line of
Allen Heights Drive, 240.01 feet to a point on the said
south line of the Tod 10.00 acre tract;
THENCE North 89 deg. 51 min. 48 sec. East along the said
south line of the Tod 10.00 acre tract to the PLACE OF
BEGINNING and containing 4,533 square feet of land, more
or less.
The slope easement rights and privileges herein granted shall
be used only for the purpose of constructing, and maintaining side
slopes associated with the paving and drainage improvements to
Allen Heights Drive and all appurtenances thereto.
The easement rights, and privileges herein granted shall be
perpetual. Grantor hereby binds Grantor, Grantor's heirs,
successors or assigns, to warrant and forever defend the above
Page 1 of 3
BB(e..) L/S LOPESMT. AKH/BBL 1
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 2
described easement unto Grantee, its successors or assigns, against
every person whomsoever lawfully claiming or to claim the same or
any part thereof.
There ire no liens, attachments, or other incumberances which
will affect the title or right of the Owner to convey this easement
to the City for the purposes as described herein. If such
condition does exist, a signature with acknowledgement shall be 1
included and made a part of this document conveying the rights and
privileges contained herein.
The easement rights and privileges granted herein are
exclusive and Grantor covenants that Grantor will not convey any
other easement or conflicting rights within the area covered by
this grant.
This instrument shall be binding upon the successors or
assigns of the parties hereto.
IN WITNESS WHEREOF, this instrument is executed this
day of 19
OWNER:
THE STATE OF TEXAS §
COUNTY OF §
of
Owner:
Lienholder:
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the day
1993, by and
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
Page 2 of 3
BB(d .)L/SLOPESMT.AKH/BBL1
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 2
ACKNOWLEDGEMENT
t
i
THE STATE Off' TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the
of 1993, by --- day
and
if LIENHOLDER:
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the
of day
1993, by
and
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
Page 3 of 3
BB(di )L/SLOPESMT.AKH/BBL1
ROADWAY SLOPE EASEMENT PESO=ION NO.
CLARENCE C. CARTER EXHIBIT 2
10 AC.
CITY OF ALLEN, COLLIN COUNTY, TEXAS
GEORGE W. FORD SURVEY, ABST. NO. 328
... .... . ...
Place of
Beginning
0
0
CV
Lj
00
Ln
00 b)
C6 00
z
Z
00
- 14-
I
LO
b)
00
C/)
EXHIBIT 'A''1
46.80
48.51 p
• -r,ljljj J.T-.
110'
HUNTER ASSOCIATES, INC.
ENGINEERS/PLANNERS/SURVEYORS
DAUAS AUSTIN
214-389--9171 512-454-8718
E:
1"=60'
CAD ID: -A-PPROVED BY-.
93012S4.DWG
JOB NUMBER: DATE:
D93012E JUNE 1993 Tc,
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 3
CITY OF ALLEN
RIGHT-OF-WAY DEED
STATE OF TEXAS
COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS:
THAT
one
or several, of the County of Collin, State of Texas, for and in considerationhereinafter
of the sum of Tenn Dolllaars,($10t00r and
other good and valuable consideration to GRANTOR in hand paid by the City of Allen, Texas, the receipt and
sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and do by
these presents GRANT, SELL and CONVEY unto the City of Allen the following described tract or parcel of land
situated in the City of Allen, Texas and being more particularly described as follows:
BEING a portion of a called 163.08 acre tract of land situated in the John Snider Survey, Abstract
No. 848, Collin County, Texas and being a portion of that tract conveyed to Irene Haggard Bedell
by Deed recorded in Volume 493, Page 399 of the Deed Records of Collin County, Texas (DRCCT)
and being more particularly described as follows:
BEGINNING at the northwest corner of the said John Snider Survey, same being also the southeast
corner of the George W. Ford Survey, Abstract No. 328 and the southwest corner of the Simon Burns
Survey, Abstract No. 92, and being the northeast corner of a Plat of Bethany Road Phase sec.B sec.
as recorded in Cabinet F, Page 65 of the Map Records of Collin County, Texas (MRCCT);
THENCE South 89 deg. 46 min. 33 sec. East, along the south line of said Simon Burns Survey,
passing at 63.71 feet the southeast corner of Street Dedication Plat as recorded in Cabinet H, Page
640, MRCCT and along the south line of a tract of land conveyed to the City of Allen as recorded
in Volume 3418, Page 524, DRCCT, for a total distance of 463.72 feet to a point for corner;
THENCE South 0 deg. 37 min. 27 sec. West, departing the said south line of the Simon Burns
Survey and the said City of Allen tract, 120.00 feet to a point for corner;
THENCE North 89 deg. 46 min. 33 sec. West, 380.01 feet to a point for corner;
THENCE South 45 deg. 25 min. 27 sec. West, 28.38 feet to a point for corner;
THENCE South 0 deg. 37 min. 27 sec. West, parallel with and 63.71 feet from the east line of a
Street Dedication for Allen Heights Road as recorded in Cabinet F, Page 67, MRCCT, 350.01 feet
to a point for corner;
THENCE North 89 deg. 46 min. 33 sec. West, 63.71 feet to a point on the east line of said Street
Dedication for Allen Heights Road;
THENCE North 0 deg. 37 min. 27 sec. East, along the said east line of the Street Dedication for
Allen Heights Road, 490.01 feet to the PLACE OF BEGINNING and containing 1.8232 acres or
79,417 square feet of land, more or less;
SAVE AND EXCEPT 0.6387 acres or 27,823 square feet of land, more or less, within
the existing Right -of -Way of Bethany Road.
(See Attached Exhibit "A")
Parcel d6
Name - Ireee Haggard Bedell
B&•, .) UBEDELL6D.AKH/BBLI
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 3
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and hereditaments
thereunto in anywise belonging unto the said City of Allen, its successors and assigns:
And GRANTOR hereby binds himself and his heirs, executors, and administrators to warrant and defend the rights and
title to said premises unto the said City of Allen against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
Witness hand
State of Texas, County of Collin
, this the day of
, A.D. 19
Before me, the undersigned authority, personally appeared
oin � et' ' ,who in my presence subscribed
the foregoing b P itlon and who after having been duly sworn deposed and said that he is the owner, or agent, of the
property described herein the foregoing petition that the above and foregoing statements of matters, facts, values and
any exhibits attached hereto, are true and correct.
Given under my hand and seal of office this the
Nrccl M6
Name - Irene Haggard Bedell
B B(,..)UBEDELL6D.A KHlBBL I
of 19
Notary Public, County, Texas
M
rClynl—ur—yymT UL'UIUA111
IRENE HAGGARD BEDELL
163.08 AC.
CITY OF ALLEN, COLLIN C
J. SNIDER SURVEY, ABST.
)'
���.:.... 2642, r'' .511
Place of
Beginning
G.W. Ford Svy., Abst. No. 328
R.C. Whlsenant Svy„
Abst, No. 1012
PLAT --Bethany Road Phase V, CAB.F-6
IP 60' .
I
I
o
U �
n Ltd
Cr
I =
a Cu
I �
CD
r
z
F:
�r
0
I Q�
I N
H
Z
LO
W
I
z
EXHIBIT
NTY, TEXAS
0. 848
NO. 1311-1-95
OF
VOL. 3413, !'G.- 524
EXHIBIT 'A'
ACQUISITION: 1.8232 Ac.
REMAINDER: 161,2568 Ac. 1
S 89*46'33' E, 463.72' Simon Burns Svy. Abst No. 92
63.7i'• J, Snider Svy,.
Abst. No, 848
•�,;'..'QrHanir: yip.:xrsrin� :so'::o: tri: : 14
N 89.46'33' W, 380,01' ro
0
0
S 45.25'27' W, 28,38'
:W IRENE" HAGGARD BEDELL
I• V
^' VOL. 493, PG. 399
•� V
W
0
c
W
I ¢
63.71'
i
89.46'33' W,
L7
z
IN
rn
I w
I
H
N W
+S
L 6
o=
az
rp y ;
I Nyl".)Q
I I
,
63.71'
i
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 3
ROADWAY DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF COLLINKNOW ALL MEN BY THESE PRESENTS:
§
That
Grantor, whether one or more), for the sum of'TENhereinafter DOLLARS andcalleother
good and valuable consideration paid by the CITY OF ALLEN, TEXAS,
a Texas municipality (hereinafter called Grantee, whether one or
more), the receipt and sufficiency of which is hereby acknowledged,
does hereby GRANT, SELL AND CONVEY unto Grantee a drainage easement
upon and across property owned by Grantor which said drainage
easement hereby conveyed is described as follows:
BEING a portion of a called 163.08 acre tract of land
situated in the John Snider Survey, Abstract No. 848'
Collin County, Texas and being a portion of that tract
conveyed to Irene Haggard Bedell by Deed recorded in
Volume 493, Page 399 of the Deed Records of Collin
County, Texas (DRCCT) and being more particularly
described as follows:
BEGINNING at a point on the south line of a proposed 120
foot width Right -of -Way, said point being North 89 deg.
46 min. 33 sec. West, 169.88 feet from the southeast
corner of said proposed 120 foot width Right -of -Way from
the said Bedell tract;
THENCE South 0 deg. 13 min. 27 sec. West, departing the
said proposed South Right -of -Way, 42.00 feet to an angle
point;
THENCE South 32 deg. 01 min. 23 sec. West, 58.83 feet to
a point for corner;
THENCE South 86 deg. 40 min. 12 sec. West, 80.66 feet to
a point for corner;
THENCE North 6 deg. 32 min. 13 sec. West, 97.68 feet to
a point on the said proposed South Right -of -Way line;
THENCE South 89 deg. 46 min. 33 sec. East along the said
proposed South Right -of -Way line, 123.00 feet to the
PLACE OF BEGINNING and containing 0.2351 acres or 10,242
square feet of land, more or less.
The drainage easement rights and privileges herein granted
shall be used only for the purpose of constructing, and maintaining
side drainage ways associated with the paving and drainage
improvements to Allen Heights Drive and all appurtenances thereto.
The easement rights, and privileges herein granted shall be
perpetual. Grantor hereby binds Grantor, Grantor's heirs,
successors or assigns, to warrant and forever defend the above
described easement unto Grantee, its successors or assigns, against
every person whomsoever lawfully claiming or to claim the same or
any part thereof.
There are no liens, attachments, or other incumberances which
will affect the title or right of the Owner to convey this easement
to the City for the purposes as described herein. If such
condition does exist, a signature with acknowledgement shall be
included and made a part of this document conveying the rights and
privileges contained herein.
Page 1 of 3
Parcel 6D - Bedell
BBcda oL/DRNGESM6.AKH/BBL1
RESOLUTION NO. 1311-1-95(R) IF
EXHIBIT 3
The easement rights and privileges granted herein are
exclusive and Grantor covenants that Grantor will not convey any
other easemeht or conflicting rights within the area covered by
this grant.
This instrument shall be binding upon the successors or
assigns of the parties hereto.
IN WITNESS WHEREOF, this instrument is executed this
day of 19
Owner:
Lienholder:
Page 2 of 3
Parcel 6D - Bedell
B B(d..) L/DRNG ESM6. AKH/BBL 1
OWNER:
ACKNOWLEDGEMENT
RESOLUTION NO. 1311-1-95(R)
EXHIBIT 3
THE STATE Off' TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the
of 1993, by day
and
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day
of 1993, by
and
if LIENHOLDER:
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day
of 1993, by and
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
Page 3 of 3
Parcel 6D - Bedell
BB(d..)L/DRNGESM6. AKH/BBLI
IRENE HAGGARD BEDELL EXHIBIT 3
163.08 AC.
CITY OF ALLEN, COLLIN COUNTY, TEXAS
J. SNIDER SURVEY, ABST. NO. 848
V. r,
V _.. 2642. ;0.5
G.W. Ford Svy., Abst. No. 328
R.C. Whisenant Svy„
Abst. No. 1012
PLAT--Bolhany Road Phare 'B', CAB.F-65
X10. 1311-1-95(R) EXHIBIT --A� L
ACQUISITION --1 0
S'.mon Burns Svy. Abst No. 92
63,71' — — — — •— — — — _
J.t. olerNo Svy„
I 180'13'53' P.bst. No. 848
L�BETHANY RD., EXISTING 60' R.O. W.
----I-------�—---------- --- ---- — — — —
Proposed R. 0. W. — —
S 89'46'33' E
123,00` q�4G'33' j169.89`
�
N
n
r�
z f
O
I =
•
i
I ^�
I
,s
I
o� (10.242
.••r
I ti.
I r;
r
r•::
l i
V"'.L. 34,' "C-. (`i
8, 4
S'.mon Burns Svy. Abst No. 92
63,71' — — — — •— — — — _
J.t. olerNo Svy„
I 180'13'53' P.bst. No. 848
L�BETHANY RD., EXISTING 60' R.O. W.
----I-------�—---------- --- ---- — — — —
Proposed R. 0. W. — —
S 89'46'33' E
123,00` q�4G'33' j169.89`
�
N
n
S 86
3
z f
O
I =
•
i
.I
y Proposed Drolnc
,s
I
o� (10.242
A IRENE HAGGARD BEDELL
VOL. 493, PG. 399
W
I =
Z
,W
J
I Q �
LD
z
F-
N
W
I 31P I TDD
N >'T HUNTER ASSOCIATES, INC.
;+s i o ENGINEERS/PLANNERS/SURVEYORS
z� ° z ' DALLAS AUSTIN
4 O 2+' 214-360-0171 512-454-6716
..� H JA DRAWN BY: SCALE:
I Ny I a JDF 1"=l 00'
I < I CAD ID: .
92012S6.DWG
D92012E� I JUL. 1993 I SHEET