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R-2671-10-07RESOLUTION NO. 2671-10-07fR) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN ' COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY, DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR COUNTRY BROOK LANE AS DESCRIBED IN EXHIBITS "A" AND "B," ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY, DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 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, Collin County, 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 street right-of-way, drainage easement and temporary construction easement for the extension of Country Brook Lane as described in Exhibits `A" and `B," 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 rightof-way, 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 rightof-way 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 the street right-of-way. SECTION 3. The City Manager, or designee, is hereby authorized on behalf of the City to acquire the necessary easement, 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 easement 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 the easement. SECTION 4. If it is later determined that there me 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 erors corrected or revisions made without the necessity of obtaining City Council approval authorizing the condemnation of the corrected or revised property. SECTION & This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 23RD DAY OF OCTOBER, 2007. APPRO ' Stephen Terrell, MAYOR ATTEST: Q-�9- She ey B. George,, C, CITY SE TARY EXHIBIT "A" ' CITY OF ALLEN COUNTRY BROOK DRIVE EXTENSION RIGHT OF WAY a"R�-Tfijv MOO BEING A 40,742 SQUARE FOOT PARCEL OF LAND OUT OF THE JOHN MILLER SURVEY, ABSTRACT NO. 609, COLLIN COUNTY, TEXAS, BEING PART OF A TRACT OF LAND AS DEEDED TO FOUAD MAJEED HAMEED AND RECORDED IN VOLUME 5793, PAGE 1326, DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT), AS SHOWN ON THE ATTACHED EXHIBIT "A" AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE at a half inch iron rod found for the southeast comer of said Hameed tract, being the southwest comer of Stacy Ridge Estates #3, an addition to the City of Allen as recorded in Cabinet Q, Slide 312, DRCCT, and being in the north line of Summerfield #2, an addition to the City of Allen as recorded in Cabinet N, Slide 571, DRCCT; THENCE North 01'06'52" West, with the east line of said Hameed tract, being the west line of Stacy Ridge Estates, a distance of 151.72 feet to a half inch iron rod with cap marked `BW2", set to mark the point, being the POINT OF BEGINNING, and being at ' the beginning of non tangent curve to the right; THENCE departing said common line and crossing said Hameed tract, with said curve having a radius of 870.13 feet, through a central angle of 16"4T51", an arc distance of 255.10 feet, and having a chord which bears South 8002837" West, a distance of 254.19 feet to a half inch iron rod with cap marked'BW2", set to mark the point; THENCE South 8805212" West, a distance of 408.61 feet to a half inch iron rod with cap marked `BW2", set to mark the point, being on the west line of said Hameed tract, and being on the east line of Bellegrove #1, an addition to the City of Allen as recorded in Cabinet N, Slide 682, DRCCT; THENCE North 01 00728" West, with the west line of said Hameed tract, being the east line of Bellegrove #1, a distance of 70.00 feet to a half inch iron rod with cap marked "BW2", set to mark the point; THENCE South 46°07'28" East, departing said common line and crossing said Hameed tract, a distance of 14.14 feet to a half inch imn rod with cap marked `BW2", set to mark the point; THENCE North 88°52'32" East, a distance of 369.84 feet to a half inch iron rod with cap marked'BW2", set to mark the point at the beginning of a tangent curve to the left; Page 1 of 5 JM7-12 \DOCOMEN sMOCMMON ROW. o 1 THENCE with said curve having a radius of 892.3 1, through a central angle of 18018'15", an arc distance of 285.06, and having a chord which bears North 79043'25" East, a distance of 283.85 feet to a half inch iron rod with cap marked `SM", set to mark the point on the east line of said Hameed tract, being the west line of Stacy Ridge Estates #3; THENCE South 01*0652" East, with said common line, a distance of 68.02 feet to the POINT OF BEGINNING, and containing 40,742 square feet or 0.9353 acre of land. NOTE: The bearing basis for this survey is the State Plane Coordinate System, State of Texas, North Central Zone, 4202, NAD 83. F. Wilder, RPIS No. 4285 Date Page 2 of 5 l.W -125C 1 MBM\DMCWFMN WWZ. CITY OF ALLEN COUNTRY BROOK DRIVE EXTENSION TEMPORARY CONSTRUCTION EASEMENT - ROADWAY DESCRIPTION BEING A NET 24,921 SQUARE FOOT PARCEL OF LAND OUT OF THE JOHN MILLER SURVEY, ABSTRACT NO. 609, COLLIN COUNTY, TEXAS, BEING PART OF A TRACT OF LAND AS DEEDED TO FOUAD MAJEED HAMBED AND RECORDED IN VOLUME 5793, PAGE 1326, DEED RECORDS OF COLUN COUNTY, TEXAS (DRCCT), AS SHOWN ON THE ATTACHED EXHIBIT "A" AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: IT IS THE INTENT TO DESCRIBE A GENERALLY 100 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT BEING 50 FEET ON BOTH SIDES OF THE ROADWAY CENTERLINE OF THE PROPOSED PORTION OF COUNTRY BROOK DRIVE EXTENSION. SAID CENTERLINE EXTENDS FROM THE WEST LINE OF SAID HAMEED TRACT TO THE EAST LINE OF SAID HAMEED TRACT AS SHOWN ON THE ATTACHED EXHIBIT "A": ' COMMENCING FOR REFERENCE at a half inch iron rod with cap marked'BW2" set to mark the southwest comer of the proposed Right of Way for Country Brook Drive Extension, being the southeast comer of the intersection of Country Brook Drive (60' ROW) with Goodman Drive (50' ROW) as shown on the plat of Bellegrove 01, an addition to the City of Aller as recorded in Cabinet N, Slide 682, DRCCT; 1 THENCE North 01.07'28" West, with the line common to said Hameed tract and said Bellegrove #1, a distance of 30.00 feet to the POINT OF BEGINNING on the centerline of the proposed Country Brook Drive; THENCE North 88°52'32" East, departing said common line and crossing said Hameed tract with said centerline, a distance of 379.84 feet to a point at the beginning of a tangent curve to the left; THENCE with said curving centerline having a radius of 922.31 feet, through a central angle of 17°41' 18", an arc distance of 284.74, and having a chord which bears North 80001'53" East, a distance of 283.61 feet to the POINT OF TERMINATION on the east line of said Hameed tract Page 3 of 5 1:'01-12 WCUMENTS WRJMON_ROW (T"). o LESS AND EXCEPT the area in the proposed Right of Way for Country Brook Drive Extension, the area in a proposed 20' drainage easement, and the area in a proposed 30' temporary construction easement for the proposed drainage easement, leaving a net area of 24, 921 square feet or 0.5721 acre of land. NOTE: The beating basis for this survey is the State Plane Coordinate System, State of Texas, North Central Zone, 4202, NAD 83. (2 41�� J F. Wilder, RPLS No. 4285 to -6 2,©7 Date Page 4 of 5 J'V7-I254\D000MENTb MCTUFnON ROW (Te ).d. I _ ; \\ 'N W4. ooze a\ aaa'ws� OMWbx Ci � �. EaE \� \Y '/ d A002 '1d35 AVHAVOtl-1SL4 m \ id I ■■ i I 1 C) sOy m:v - aI`O � 0'Vthe C', crn sd. 10 0 `u circ 141 k"� g 2 omm r I u N3o h Urc 4` mm o p�I =zz - ww N [ s5] ¢mom � cw N I✓Ni h y o I 1I p Li �^Ww I3o a holm ` ��U mm ao on 3 m n O k uaa 1¢� CF o z m _ I\ ng �©o0 6 W W '21Q mvy(ao0J ��nm m 3a b xo'1'i; ~ as I 1 i c�bR W_ z icy I 1 u.No 1 �� wg -48 I �nwp am W 1 4I" - mm m8:4 Fz I Q <r % r~l I Q I I EXHIBrr "B" CITY OF ALLEN COUNTRY BROOK DRIVE EXTENSION DRAINAGE BASEMENT DESCRIPTION BEING A 2,974 SQUARE FOOT PARCEL OF LAND OUT OF THE JOHN MILLER SURVEY, ABSTRACT NO. 609, COLLIN COUNTY, TEXAS, BEING PART OF A TRACT OF LAND AS DEEDED TO FOUAD MAJEED HAMEED AND RECORDED IN VOLUME 5793, PAGE 1326, DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT), AS SHOWN ON THE ATTACHED EXHIBIT "A" AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The POINT OF BEGINNING is a half inch iron rod found for the southeast comer of said Hameed tract, being the southwest comer of Stacy Ridge Estates #3, an addition to the City of Allen as recorded in Cabinet Q, Slide 312, DRCCT, and being in the north line of Sunnnerfield #2, an addition to the City of Allen as recorded in Cabinet N, Slide 571, DRCCT; THENCE South 89°1655" West, with the south tine of said Hameed tract, being the north line of Summerfield #2, a distance of 20.00 feet to a point; ' THENCE North 01 006152" West, departing said common line and crossing said Hameed tract, a distance of 145.81 feet to a point on the south line of a proposed road Right of Way, said point being at the beginning of a non -tangent cure to the left; 1 THENCE with said proposed Right of Way line along a curve to the left, having a radius of 870.13 feet, through a central angle of 01022'15", an aro distance of 20.82 feet, and having a chord which bears North 72045'49" East, a distance of 20.82 fat to a half inch iron rod with cap marked `BW2, set to mark the point on the east line of said Hameed tract, being the west line of Stacy Ridge Estates #3; THENCE South 01*06'52" East, with said common line, a distance of 151.72 feet to the POINT OF BEGINNING, and containing 0.0683 acre or 2,974 square feet of land. NOTE: The bearing basis for this survey is the State Plane Coordinate System, State of Texas, North Central Zone, 4202, NAD 83. l2)'Z,v7 F. Wilder, RPLS No. 4285 Date Page 1 of 3 r:er-1E5411OCnMENB MCRITr1oN_o ffi a aue"r ra« I 1 CITY OF ALLEN COUNTRY BROOK DRIVE EXTENSION TEMPORY CONSTRUCTION EASEMENT - DRAINAGE DESCRIPTION BEING A 4,253 SQUARE FOOT PARCEL OF LAND OUT OF THE JOHN MILLER SURVEY, ABSTRACT NO. 609, COLLIN COUNTY, TEXAS, BEING PART OF A TRACT OF LAND AS DEEDED TO FOUAD MAJEED HAMEED AND RECORDED IN VOLUME 5793, PAGE 1326, DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT), AS SHOWN ON THB ATTACHED EXHIBIT "A" AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE at a half inch iron rod found for the southeast comer of said Hameed tract, being the southwest comer of Stacy Ridge Estates #3, an addition to the City of Allen as recorded in Cabinet Q, Slide 312, DRCCT, and being in the north line of Summerfield #2, an addition to the City of Allen as recorded in Cabinet N, Slide 571, DRCCT; THENCE South 89°16'55" West, with the south line of said Hameed tract, being the north line of Summerfield #2, a distance of 20.00 feet to the POINT OF BEGINNING; THENCE South 8901655" West, continue with said common line, a distance of 30.00 feet to a point; THENCE North 01°06'52" West, departing said common line and crossing said Hamid tract, a distance of 137.89 feet to a point on the south line of a proposed mad Right of Way, said point being at the beginning of a non -tangent curve to the left THENCE with said proposed Right of Way line along a curve to the left, having a radius of 870.13 feet, through a central angle of 02°0213", an we distance of 30.98 feet, and having a chord which bears North 74°28'08" East, a distance of 30.98 feet to a point on the west line of a proposed 20' drainage easement•, THENCE South 01006'52" East, with said drainage easement line, a distance of 145.81 feet to the POINT OF BEGINNING, and containing 4,253 square feet, or 0.0976 acre of land. NOTE: The bearing basis for this survey is the State Plane Coordinate System, State of Texas, North Central Zone, 4202, NAD 83. hn F. Wilder, RPLS No. 4285 Page 2 of 3 to -Z -o7 Date l:`a'1-12541DOCUMFNIS�DPSCRIPTION_Painage FsumengTemp)-0rc C I 1 d 39112 d 0� LL yan M 0 F+�1 O m LmOi "1d35 1R53mNUm-KZl \ \ W WZ iWW m U I I« lin Ll y Lz Y Iyh 1 W xin�O it EY W lie k Jm oNn , 1 � 1 1 Qn I of �tlP �V o�n I nm vzz \ I � hyo I I iRn W I ' C sn`m,00'm o H I u �v I 6W: I o� 41 `moi Lon mo <W�� c I pg a a. ZHn: Fm ; p8 soul