R-1331-5-95RESOLUTION NO. 1331-5-95(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, 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 park system, including,
without limitation, the construction of sports and recreational facilities; and,
WHEREAS, the Home Rule Charter of the City of Allen, Texas, as well as Chapters
251 and 273 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 and 273 of the Local Government Code, V.T.C.A.;and,
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, TEXAS, THAT:
1. The City Manager of the City of Allen, Texas, is hereby authorized to
negotiate with the owners for the purchase of land comprising approximately 95.20 gross
acres, which property is more fully described in the Exhibit(s) attached hereto and made
a part hereof.
2. As a part of the negotiations, the City Manager of the City of Allen, Texas,
is authorized to consider acquisition of said property by gift, dedication, purchase, or
otherwise.
3. A necessity exists for the acquisition of a fee simple title interest in and to the
property so that the same may be used for public purposes as aforesaid, 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 fee simple title to said property through condemnation.
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, whether the same be through negotiations or through condemnation.
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,
whether the same be through negotiations and contract or through condemnation.
6. If the property can be obtained through negotiation, as a part of the
negotiations for the acquisition of said property, the. City Manager of the City of Allen,
Texas, is authorized to enter into a written contract with the owner(s) of the property,
subject to final approval thereof by the City Council of the City of Allen, Texas, as required
by law.
RESOLVED AND APPROVED THIS THE 4TH DAY OF Llay , 1995.
10
0
CITY OF ALLEN, TEXAS
By. Cv
MAYOR
RESOLUTION NO. 1331-5-95(R)
Being that
Texas, and being
Pacific Railroad
east, as well as
property's actual
an exhibit hereto.
EXFIIBIT TO RESOLUTION NO. 13 31- 5 - 9 5 (R)
certain real property situated within the City of Allen, Collin County,
generally described as 95.20 gross acres located between the Southern
on the west and the easternmost tributary of Cottonwood Creek on the
the proposed extension of Exchange Parkway on the north and the
southern boundary on the south, all as depicted on the map attached as
I
153.00
tU 1 AL A( -ib -'2
130.66
NET ACRES
95.zo
i OTAL ACRES
69..36
NET ACRES
RESOLUTION NO. 1331-5-95(R)
175.66
TOTAL %ORES*
1_,;I 14.
NET ACRES