R-2966-11-10RESOLUTION NO. 2966-1 1-10(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION
OF REAL PROPERTY, AND ALL ATTACHED IMPROVEMENTS FOR THIN
EXTENSION OF STARCREEK BRICE AND BIKE TRAIL AS DESCRIBED IN THE
EXHIBITS ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE
PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE PROPERTY;
RATIFYING PRIOR ACTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, StarCreek Trail is a hike and bike trail identified on the adopted Trail Master Plan, and,
WHEREAS, City staff has endeavored to acquire the land needed for the construction of the StarCreek Hike
and Bike Trail through negotiation, and,
WHEREAS, despite the most earnest of intentions to reach an agreement on the transaction of real property,
in some cases an agreement cannot be reached and other legal means must be employed to secure the property
rights to make necessary improvements for the public welfare.
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 real
property, and all attached improvements for the extension of StarCreek Hike and Bike Trail as described in
the exhibits 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 real property, and all attached improvements, 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 real property, and attached improvements, 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 such
real property. To the extent any of the foregoing actions have been taken by the City Manager and/or City
Attorney prior to adoption of this Resolution, such acts are hereby ratified and approved.
SECTION 3. If it is later determined that there are 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 become effective immediately from and after its passage.
1
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 23RD DAY OF NOVEMBER, 2010.
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Stephe Terrell, MAYOR
ATTEST:
Shelley B. GeordeeCITY SECRETARY
Resolution No. 2966-11-1O(R), Page 2
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NOTE BASIS OF BEARINGS ARE DERIVED
FROM THE PLAT OF STARCREEX PHASE ONE,
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BOUNDARY EXHIBIT
11,000 SQUARE FEET OR 0.25 ACRES
FRANCIS DOSSER SURVEY, ABSTRACT NO. 280
CITY OF ALLEN, COWN COUNTY, TEXAS
Resolution No. 2966-11-10(R), Page 3
Exhibit "A"
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L FIELD NOTE DESCRIPTION
0.25 ACRES
BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 290, City of Allen, Collin
County, Texas and being a portion of that tract of land conveyed to Cottonwood Management, LTD.,
according to the document filed of record in Volume 4271, Page 1666, Deed Records, Collin County,
Texas and being more particularly described as follows:
BEGINNING ata 1/2" iron rod found for the Southwest corner of said Cottonwood tract, same being an
interior ell corner of Lot 2X, Block P, Starcreek Phase Two, an addition to the City of Allen, Collin County,
Texas according to the Plat filed of record in Cabinet 2007, Slide 250, Map Records of Collin County,
Texas;
THENCE North 0°47'40" West, with the West line of said Cottonwood tract, same being common with
the Easterly line of said Lot 2X, a distance of 220.00 feet to a point for the North corner of this tract;
THENCE South 25'18'27" East, leaving said common line, over and across the above mentioned
Cottonwood tract, a distance of 241.02 feet to a point in the South line of said tract, same being
common with the Easterly line of the above mentioned Lot 2X, said point being the East corner of this
tract;
THENCE South 88'48'03" West, with said common line, a distance of 100.00 feet to the POINT OF
BEGINNING and containing 11,000 square feet or 0.25 acres of land, more or less.
Resolution No. 2966-11-10(R), Page 4