R-2611-3-07RESOLUTION NO. 2611-M7(R)
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 FOR EXCHANGE PARKWAY 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 RIGHT-OF-WAY; 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, 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 for the widening of Exchange Parkway 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, 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 or det=ines 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 paries of the property, proceedings in
' eminent domain to acquire the street right-of-way.
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 wrrected or revisions made without the necessity of obtaining City Council approval authorizing the
condemnation of the wrested or revised property.
SECTION 4. 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 27TH DAY OF MARCH, 2007.
APPROVE
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tephen T rrell, MAYOR
ATTEST:
l4 d �i—^r Otit�/L
Shelley B. Georg , RMC, CITY S RETARY
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EXM1T'A'
LEGALDESCREMON
BEING, a tract of laud situated in the Mary Standifer Survey, Abstract No. 812, in the
City ofAlles, Collin County, Texas, being pan of a 5.10 acre tract ofland, as described
in Clens File No. 93-0003813, in the Deed Records of Collin County, Texas, and being
more particularly described as follows:
BEGINNING, at M'W' cut set at the wuthwest comer of the Combination Plat of West
AIw Church of Christ, an addition to the City of Allen, as described in Cabinet K, Page
875, in the Map Records of Cohn County, Texas, also being at an interior ell comer in
the north line of Exchange Parkway (variable R.O.W.);
THENCE, North 89°03'00' West, with the south lime of the 5.10 acre tract and the north
line ofBxchange Parkway for a distance of 313.72 fxt to an "X" cut set at the southwest
comer ofthe 5.10 acre tract, being the approximate center of County Road No, 146;
THENCE, North 01°12'03" East, departing the north line ofExcbmgc Parkway and with
the west Ime of the 5 10 arse tract, being the approximate center of said County Road for
a distance of 88.58 feet to a PK Nail set;
THENCE, South 88°49'38" East, departing said lines for a distance of42.07 feet to a'h
inch iron cod set;
THENCE. South 43'39'59" East, for a distance of 35.33 feet to a'h inch iron rod sit;
' THENCE, South 88°32'02" East, for a distance of246.45 feet to to an'W' cut set in the
west line of said West Allen Church of Christ;
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THENCE, South 00°56'59" East, with said wen line for a distance of 61.05 feet in the
POINT OF BEGINNING and containing 20,942 square feet m 0.481 apes of Ind, of
which 4072 square tet is currently being used by the public (prescriptive PLO.W.).
Resolution No. 2611-3-07(R), Page 2
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Resolution » 2611-3-07(R), Page ,
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LEGAL DESCRIPTION
BEING, a scars of land situated in the Mary Standifer Survey, Abstract No. 812, in the
City of Allen, Collin County, Texas, being part of a 10.0985 acre tract of land, as
described in Volume 4371, Page 545, in the Deed Records of Collin County, Tex , and
being more particularly described as follows:
BEGINNING, at an "X" cut set a the intersection of the east line of the 10.0985 acre
tract and the north line of Exchange Parkway (variable RO.W.) as dedicated with Twin
Creeks Phan 5B, an addition to the City of Allen, described in Cabinet G Page 91, in the
Map Records of Collin County, Texas;
THENCE, South 89°30'06" West with the north line of Exchange Parkway for a
distance of 407.05 tees to a 'K inch iron rod set in the can line of a 5.010 acre tract as
described in Clarks File No. 2005-0050469, is said Deed Records;
THENCE, North 00"31'56' West, departing the north line of Eldorado Parkway and with
the east line of the 5.010 azrc narA for a distance of 55.51 fes to a K inch iron rod set;
THENCE, South 89°53'23" East, departing said east hoe for a distance of 354.06 feet to
a K inch iron rod act
THENCE, North 45°15'24" East for a dishrwe of 35.68 feet to a K inch iron rod set;
THENCE, North 89°02'00" West, for a distance of 2944 feet to a K inch iron rod set in
the east line of said 10.0985 acre tract
THENCE, South 00"58'00" West with the east line of the 10.0985 acre erect for a
distance of 75.92 feet to the POINT OF BEGINNING and containing 22,799 square fret
or 0.523 nares ofbmd, ofwhich 12,444 square fact or 0.286 acres is currently being used
by the public (preamipove RO. W.).
Resolution No. 2611-3-07fR1, Page 4
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EX9WFT'A'—TRACCA
LEGAL DESCRIPTION —RO.W. DEDICATION
BRING, a tract of land situated in the Mary Standifer Survey, Abstract No. 812, in the
City of Allen, Collin County, Texas, being part of a. 15.008 acre trad of land, w
described in Clefs File No. 2001-0055469 and a 5.010 aero tract, as described in Clerks
File No. 2005-0050469, in the Deed Records of Collin County, Texas, and being more
particularly described as follows:
BEGINNING, at a Ya inch iron rod set at the southwest comer of the 15.008 acre tract,
being in the north line of Exchange Parkway (variable RO. W.), as dedicated by Plat for
Twin Creeks Pbase 7A-1, on addition to the City of Allen, as described in Cabinet Q.
Page 15, in the Map Records of Collin County, Texas;
THENCE, North 14'42'00" West. departing the north line of Exchange Parkway and
with the West line of the 15.008 acre tract for a distance of 57.60 fret to a''/: inch imn rod
set;
THENCE, North 89'30'06" East, departing the west line of the 15 008 enc batt for a
distance of309.59 feet to a'A inch iron rod set,
THENCE, South 89°53'23" Fast, for a distance of 421.69 feet to a'h inch iron rod set in
the east line of said 5.010 am tract;
THENCE, South 00°31'56' Ess[, with the east fine of the 5.010 acre ¢act for a distance
Of 55.51 fed to a'h inch iron set in the north line of said Exchange Parkway, as dedicated
' by Plat for Twin Creeks Phase 5B, an addition b the City of Allen, as described in
Cabinet L, Page 91, in said Map Records;
THENCE, South 89°30'06" West, with the common north line of Exchange Parkway and
said Phase 5B, fora distance of 246.60 fed to a'h inch iron rod found;
THENCE, North 89059'36" West, with the wor oa north line of Exchange Parkway and
said Phase 7A-1, for a distance of 470.57 fed to the POINT OF BEGHJNINO and
containing 41,496 square feet w 0.953 acres of land, of which 19,658 square fat or 0.451
acres is currently being used by the public (prescriptive RO.W.).
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Resolution No. 2611-3-07lR), Page 6
' EXHIBIT `A' —TRACT B
LEGAL DESCRH'1'ION— SLOPE & UTILITY EASEMENT
BEING, a trout of land situated in the Mary Smndlfa SSavey, Abstract No. 812, m the
City of Alien, Collin Camty, Teas, being part of a 15.008 acre tact of Iced, as
described in Clerks File No. 20014055469 and a 5.010 sae tract, as described in Clerks
File No. 2005-0050469, in the Dead Records of Collin County, Texas, and being more
particularly described as follows:
COMMENCING, at a Ys inch iron rod set at the southwest comer of the 15.008 aae tact,
being in the north line of Exchange Parkway (variable RO.W J, as dedicated by Plat for
Twin Cracks Pbase 7A-1, an addition to the City of Allen, as described in Cabinet Q,
Page 15, in the Map Records of Collin County, Texas;
THENCE, North 14°42'00" West, departing the north line of Exchange Parkway and
with the west line ofthe 15.008 sea tract for a distance of 57.60 feet to a Ys inch iron rod
set at the POINT OF BEGINNING;
THENCE, North W42'00" West, continuing with said west line for a distance of 61.89
feet,
THENCE, North 89'30'06" East, departing said west line for a distance of 89.90 feet;
THENCE, South 86'37'21" East, for a distance of 658.04 fmt to the east line of the
5.010 acre oath
' THENCE, South 00'31'56" Eau, with said east line for a distance of 20.00 feat
THENCE, North 89'53'23" West, for a distant, of 421.69 feet ro a Y inch non rod set
THENCE, South S9'30'W' West, for a distance of 309.59 feet b the POINT OF
BEGINNING and containing 31,364 square feet or 0.720 acres of land.
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Resolution No. 2611-3-07(Rl, Page 7
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