R-2880-1-10RESOLUTION NO. 2880-1-10(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION
OF RIGHT-OF-WAY, SLOPE EASEMENTS, DRAINAGE EASEMENTS,
WATERLINE EASEMENTS, AND ALL ATTACHED IDIPROVEMENTS FOR THE
EXTENSION OF CHAPARRAL ROAD AS DESCRIBED IN THE EXHIBITS
ATTACHED HERETO, WPFHIN THE CITY OF PLANO, COLLIN COUNTY,
TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN
EMINENT DOMAIN TO ACQUIRE THE EASEMENTS; RATIFYING PRIOR
ACTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS Chaparral Road is a major thoroughfare identified on the adopted Thoroughfare Plan, and,
WHEREAS City staff has endeavored to acquire the right-of-way needed for the construction of the
Chaparral Road bridge and waterline across Cottonwood Creek through negotiation, and,
WHEREAS, despite the most earnest of intentions to reach an agreement on the transaction of land, 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 right-of-
way, slope easements, drainage easements, waterline easements, and all attached improvements for the
extension of Chaparral Road 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 right-of-way, slope easements, drainage easements, waterline easements, 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 right-of-way, easements, and
attached improvements, or determines that an agreement m 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 easements. 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 contacted or revised property.
SECTION 4. This resolution shall become effective immediately from and after its passage.
C
C
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12� DAY OF JANUARY, 2010.
APPRO
kpqk 1400f
lephen errell, MAYOR
ATTEST:
Shelley B. Geo ITY SECIVARY
Resolution No. 2880-1-10(R), Page 2
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Resolution No. 2880-1-10(R), Page 3
Attachment
EXHIBIT 'A'
TRACT 1-0530 ACRE Page 1 of 6
'
RIGHT -0F -WAY DEDICATION
BEING A 0.530 ACRE TRACT OF LAND SITUATED IN THE R.C. WISENANT SURVEY,
ABSTRACT NO. 1012, CITY OF PLANO, COLLIN COUNTY, TEXAS AND BEING A PORTION
OF A CALLED 6.535 ACRE TRACT OF LAND DESCRIBED IN DEED TO F. ULES ARNOLD,
ET UX(HEREIN AFTER REFERRED TO AS THE ARNOLD TRACT) RECORDED IN COUNTY
CLERK'S FILE NO.(CC#) 94-0050644 OF THE DEED RECORDS OF COLLIN COUNTY,
TEXAS(D.R.C.C.T.). BASIS OF BEARINGS FOR THIS SURVEY IS GEODETIC NORTH (TRUE
NORTH) AS DETERMINED BY G.P.S. (GLOBAL POSITIONING SYSTEM) OBSERVATIONS.
SAID 0.530 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID ARNOLD TRACT AND THE
COMMON NORTHEAST CORNER OF A CALLED 119.454 ACRE TRACT OF LAND
DESCRIBED IN DEED TO THE CITY OF PLANO RECORDED IN VOLUME 1938, PAGE 929
D.R.C.C.T, SAID POINT BEING IN COTTONWOOD CREEK;
THENCE S 89-3534"W, ALONG THE SOUTH LINE OF SAID ARNOLD TRACT AND THE
COMMON NORTH LINE OF SAID CITY OF PLANO TRACT, A DISTANCE OF 409.30 FEET TO
A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET;
THENCE N 69-4524"E, LEAVING SAID COMMON LINE OVER AND ACROSS SAID ARNOLD
TRACT A DISTANCE OF 337.54 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS"
SET IN THE EAST LINE OF SAID ARNOLD TRACT COMMON WITH THE WEST LINE OF
LOT 11 OF THE FINAL PLAT OF THE KNOLLS OF SPRING HILL, RECORDED IN VOLUME
4379, PAGE 1912 D.R.C.C.T. SAID POINT BEING IN COTTONWOOD CREEK;
'
THENCE WITH SAID COMMON LINE AND ALONG COTTONWOOD CREEK THE
FOLLOWING COURSES AND DISTANCES;
S 32°45'06" E, A DISTANCE OF 47.97 FEET TO A 5/8" IRON ROD CAPPED "CARTER &
BURGESS" SET;
S 43°23'16" E, A DISTANCE OF 55.21 FEET TO A 5/8" IRON ROD CAPPED "CARTER &
BURGESS" SET;
S 40°4034" E, A DISTANCE OF 44.06 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.530 ACRES OF LAND MORE OR LESS.
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Resolution No. 2880-1-10(R), Page 3
' EXHIBIT "A" Attachment
TRACT 2-0.198 ACRE Page 2 Of 6
SLOPE & DRAINAGE EASEMENT 9
BEING A 0.198 ACRE TRACT OF LAND SITUATED IN THE R.C. WISENANT SURVEY,
ABSTRACT NO. 1012, CITY OF PLANO, COLLIN COUNTY, TEXAS AND BEING A PORTION
OFA CALLED 6.535 ACRE TRACT OF LAND DESCRIBED INDEED TO F. III ARNOLD,
ET UX(HEREIN AFTER REFERRED TO AS THE ARNOLD TRACT) RECORDED IN COUNTY
CLERK'S IRS NO.(CC#) 94-0050644 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
(D.R.C.C.T.). BASIS OF BEARINGS FOR THIS SURVEY IS GEODETIC NORTH (TRUE
NORTH) AS DETERMINED BY G.P.S. (GLOBAL POSITIONING SYSTEM) OBSERVATIONS.
SAID 0.198 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID ARNOLD TRACT AND THE
COMMON NORTHEAST CORNER OF A CALLED 119.454 ACRE TRACT OF LAND
DESCRIBED IN DEED TO THE CITY OF PLANO RECORDED IN VOLUME 1938, PAGE 929
D.R.C.C.T, SAID POINT BEING IN COTTONWOOD CREEK;
THENCE ALONG THE SOUTH LINE OF SAID ARNOLD TRACT AND THE COMMON NORTH
LINE OF SAID CITY OF PLANO TRACT, THE FOLLOWING COURSES AND DISTANCES:
S 89'35'34"W, A DISTANCE OF 409.30 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR THE POINT OF BEGINNING;
S 89°3534" W. A DISTANCE OF 109.17 FEET TO A POINT FOR CORNER;
' THENCE OVER AND ACROSS SAID ARNOLD TRACT, THE FOLLOWING COURSES AND
DISTANCES:
N 00°00'00" E, A DISTANCE OF 9.00 FEET TO A POINT FOR CORNER;
N 89°35934" E. A DISTANCE OF 30.91 FEET TO A POINT FOR CORNER;
N 69°4524" E, A DISTANCE OF 263.68 FEET TO A POINT FOR CORNER;
S 20°14'36" E. A DISTANCE OF 35.00 FEET TO A POINT FOR CORNER;
S 69'45'24"W, A DISTANCE OF 193.18 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.198 ACRES OF LAND MORE OR LESS.
ry S. YAm, R.P.LS.
Registered Professional Land Surveyor
Texas Registration No. 4934
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SEPTEMBER 22, 2008
Resolution No. 2880-1-10(R), Page 4
1
SCALE: V = 100'
CALLED 6.535 ACRES
F. LILES ARNOLD ET UX
CC pp 94-005&44
D.R.C.C.T.
6y0,%
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TRACT 2
0.198 ACRES3�^/^
L9
Attachment
rage .5 CIT 0
HERITAGE PARK
CREENRELT/FLOODPLAIN
VOL G PC. 354
P.0 C.C.T.
32.5739 ACRES
APPROXIMATE
CENTERLINE COTTONWOOD
CREEK
LOT 11
rMKE
TRACT ----- - I ------ P.O.G.I TRACT 1
wmr- O.B. I I 2
TRACT 2Y-- -, APPPRRO��E
ESM'T TRACT No. SEVEN r �Y/i 3 CO CT OO, D
N T.M.W.D. I ESM'T TRACT No. FIVE
VOL 2456. PG. 315 N.T.M.W.D. I ESM'T TRACT N. SIX
D.R.C.C.T. I N.T.M.W.U.
VOL. 2456, PG. 315
_=''fiY} �' I D.R.C.C.T. i VOL 2456, .t. 315
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CALLED 119.454 ACRES
_ CITY OF PG. 9
VOL 1938, 29
_ I D.R.C.C.T. 9
D.R.C.C.T. --4--_____
ESM'T TRACT No.
FOURUEGEan
PART ONE
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Resolution No. 2880-1-10(R), Page 5
EXHIBIT A
SHEET
0.530 ACRE R.0 W. DEDICATION
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3 of 3
0.198 ACRE SLOPE .w
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Resolution No. 2880-1-10(R), Page 5
' EXHIBIT 'A' Attachment
0.049 ACRE Page 4 of 6
WATERLINE EASEMENT
BEING A 0.049 ACRE TRACT OF LAND SITUATED IN THE R.C. WISENANT SURVEY,
ABSTRACT NO. 1012, CITY OF PLANO, COLLIN COUNTY, TEXAS AND BEING A PORTION
OF A CALLED 6.535 ACRE TRACT OF LAND DESCRIBED IN DEED TO F. LILES ARNOLD,
ET UX(HEREIN AFTER REFERRED TO AS THE ARNOLD TRACT) RECORDED IN COUNTY
CLERK'S FILE NO.(CC#) 94-0050644 OF THE DEED RECORDS OF COLLIN COUNTY,
TEXAS(D.RC.C.T.). BASIS OF BEARINGS FOR THIS SURVEY IS GEODETIC NORTH (TRUE
NORTH) AS DETERMINED BY G.P.S. (GLOBAL POSITIONING SYSTEM) OBSERVATIONS.
SAID 0.049 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID ARNOLD TRACT AND THE
COMMON NORTHEAST CORNER OF A CALLED 11 9A54 ACRE TRACT OF LAND
DESCRIBED IN DEED TO THE CITY OF PLANO RECORDED IN VOLUME 1938, PAGE 929
D.R.C.C.T, SAID POINT BEING ON THE WEST LINE OF THE FINAL PLAT OF KNOLLS OF
SPRING HILL, AS RECORDED IN VOLUME 4379, PAGE 1912, DEED RECORDS COLLIN
COUNTY, TEXAS, SAID POINT ALSO BEING IN COTTONWOOD CREEK;
THENCE ALONG THE EAST LINE OF SAID ARNOLD TRACT AND THE COMMON WEST
LINE OF SAID KNOLLS OF SPRING HILL, AND SAID COTTONWOOD CREEK, THE
FOLLOWING COURSES AND DISTANCES:
N 40°40'34" W, A DISTANCE OF 44.06 FEET TO A POINT FOR CORNER;
' N 43°23'16" B, A DISTANCE OF 55.21 FEET TO A 5/8" BION ROD CAPPED "JACOBS"
SET FOR CORNER
N 32°45'06" W, A DISTANCE OF 47.97 FEET TO A 518" IRON ROD CAPPED `TACOBS"
SET FOR THE POINT OF BEGINNING;
THENCE OVER AND ACROSS SAID ARNOLD TRACT THE FOLLOWING COURSES AND
DISTANCES:
S 69°45'24" W, A DISTANCE OF 214.36 FEET TO A POINT FOR CORNER;
N 20014'36'W, A DISTANCE OF 10.00 FEET TO A POINT FOR CORNER;
N 69°45'24 T, A DISTANCE OF 212.78 FEET TO A POINT FOR CORNER ON THE EAST
LME OF SAID ARNOLD TRACT, AND THE COMMON WEST LINE OF SAID KNOLLS
OF SPRING HILL;
THENCE, ALONG SAID COMMON LINE, THE FOLLOWING COURSES AND DISTANCES:
P+
a+a. Ide
Resolution No. 2880-1-10(R), Page 6
Attachment
'S 12°45'22"E, A DISTANCE OF 1.82 FEET TO A POINT FOR CORNER; Page 5 of 6
S 32°45'OB'E, A DISTANCE OF 8.40 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 0.049 ACRES OF LAND, MORE OR LESS.
S. Vedro,%.P.L.S.
egistered Professional Land Surveyor
Texas Registration No. 4934
DESCRIPTION
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Resolution No. 2880-1-10(R), Page 7
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LINE B RING INSTANCE
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N. 21714'35
W
10.00
L2
5 12.45 22
E
1.52
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55.21
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N 32'45'06
W
47.99
SCALE: 1' = 1G0'
CALLED 6.535 ACRES
F. LILES ARNOLD ET U%
CC 94-0056644
.R.C.C.T.
rM1SE���D
t4G0STeA
ESM'T TRACT N. SEVEN
N T M.W.D.
VOL. 2456, PG 315
D.R.00.T.
0.523 AC.
ESM'T TRACT No. FIVE
N.T M W.D
VOL 2456. PG. 315
D.R.D.C.T.
CALLED 119.454 ACRES
VOL 1938 PG 929
D.R.C.O.T.
�ESWT TRACT No. FOUR
Attachment
Page 6 of 6
HERITAGE PARK
GREENBUT/FLOODPLAIN
VOL.P$
$ PG. 354
. C.C.T.
32.5739 ACRES
LOT 11
ESM'T TRACT No. SIX
N.T.M.W.D
VOL. 2456, PG 315
D.R.C.C.T. ~O
J
ESM'T TRACT No FOUR �'�" _ — __ ,I
PART TWO
N.T.M.W D
VOL 2456, PG. 315
D.R CC T.
ME B GSE 6 EECOflIC NDRnORM MMM) M R1 Mi M GPS(GID&L PYiDItlUWi SSIE9)
I � EXHIBIT A I�
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0.049 ACRE WATER LINE EASEMENT M!�\•Vta�
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Resolution No. 2880-1-10(R), Page 8
PART ONE
NJ M. W.D
m 19M•
VOL
2456, PC. 315
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DR.C.C.T
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Attachment
Page 6 of 6
HERITAGE PARK
GREENBUT/FLOODPLAIN
VOL.P$
$ PG. 354
. C.C.T.
32.5739 ACRES
LOT 11
ESM'T TRACT No. SIX
N.T.M.W.D
VOL. 2456, PG 315
D.R.C.C.T. ~O
J
ESM'T TRACT No FOUR �'�" _ — __ ,I
PART TWO
N.T.M.W D
VOL 2456, PG. 315
D.R CC T.
ME B GSE 6 EECOflIC NDRnORM MMM) M R1 Mi M GPS(GID&L PYiDItlUWi SSIE9)
I � EXHIBIT A I�
SHEET fwe f' -toe �A�•�\pQ
0.049 ACRE WATER LINE EASEMENT M!�\•Vta�
IV WI R. M a1U ri-nfnG• Ow µf.„ mi�1-Mi
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Resolution No. 2880-1-10(R), Page 8