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R-2397-5-05RESOLUTION NO. 2397-5-05(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF A O.874 -ACRE TRACT 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 an 0.874 - acre tract of land for the construction of the widening of Ridgeview Drive, 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 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. If it is later determined that there are any emors 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE lora DAY OF MAY, 2005. APPROVED: I-Y�4Q - Stephen Terrell, MAYOR ATTEST: Shelley B. Geo RMC, CIT CRETARY EXHIBIT `Ae ' January 28, 2005 City of Allen, Texas FIELD NOTE DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION Gulf Coast Package, Ltd. (File No. 0060164, Land R«orda of Collin County, T.) BEING a parcel of land for right-of-way, being over, under and across a tinct of land situated in the Chadrick Jackson Survey, Abstract 489, in Collin County, Trans, conveyed to Gulf Coast Package, Ltd., by a deed now meorded as File No. 94-WO164 of the Land Records of Collin County, Texas, said toad offend being more particularly described as follows: BEGINNING at a 5/8 -inch iron rod found in the north line ofthe existing Ridgaview Drive right-of-way (variable width), said Point of Beginning bearing S 53°09'10" W a distance of 1480.01 feet from a X-hwh iron rod found in the south line ofsaid existing right-of-way, THENCE S 89°00'51" W along the north line of said existing Ridgeview Dow right-of-way and the south lice of said Gulf Coast had, a distance of 55.78 feet to a point for comer, sand point being in the east fine of the Cannot Road right -of --way (variable width right-of-way); THENCE N 00%1'21" W along said east line of said Custer Road right-of-way and the wast fine of said Gulf Cared over, a distance of95.00 fat to a cinch iron rod sn for a comer, THENCE S 45°45'18" E, leaving said Coster Road right-of-way, a distance of 35.21 feet to a V inch hon and set for a comer; THENCE N 89000'51" E being at all times 70.00 feet perpendicular distance from and parallel with the north line of said existing Ridgeview, Drive right-of-way and the south line of said Gulf Coast evert, a distance of 30.21 feet to a K -inch iron and am as a Point of curvature, said point being the beginning of a mogeon curve to the left having a central angle of 21°44'09" a radius of 980.00 feet and a tangent length of 188.15 fen and whose chord bears N 78°08'46" E a distance of 369.55 fen; Resolution No. 2397-5-05 (R), Page 2 THENCE 8 6116'41" W along the along the north line of said existing right-of-way and the south line ofsaid Gulf Coes[ tract, a distance of 98.79 feet to a point of cmvatu e, said point being the beginning of a tatgent curve to the right having a central angle of 21°44'09" a radius of 1050.00 feet and a tangent length of 201.59 fen and whose chord bears 111'01'41" W a distance of395.95 feet; ' THENCE along said tangent curve to the right and along the north line of said existing right-of-way and the south line of said Gulf Coast tract, on arc distance o098.33 feet to a point for comer, THENCE S 89°00'51" W along the north line of said existing Ridgeview Dow right-of-way and the south lice of said Gulf Coast had, a distance of 55.78 feet to a point for comer, sand point being in the east fine of the Cannot Road right -of --way (variable width right-of-way); THENCE N 00%1'21" W along said east line of said Custer Road right-of-way and the wast fine of said Gulf Cared over, a distance of95.00 fat to a cinch iron rod sn for a comer, THENCE S 45°45'18" E, leaving said Coster Road right-of-way, a distance of 35.21 feet to a V inch hon and set for a comer; THENCE N 89000'51" E being at all times 70.00 feet perpendicular distance from and parallel with the north line of said existing Ridgeview, Drive right-of-way and the south line of said Gulf Coast evert, a distance of 30.21 feet to a K -inch iron and am as a Point of curvature, said point being the beginning of a mogeon curve to the left having a central angle of 21°44'09" a radius of 980.00 feet and a tangent length of 188.15 fen and whose chord bears N 78°08'46" E a distance of 369.55 fen; Resolution No. 2397-5-05 (R), Page 2 EXHIBIT `A' 1 Ju, 28.2005 Pege2 oft THENCE along said tangent curve to aie left and being a all rimes 70.00 feet radial distance from and concentric with the nonh line of said existing Ridgeview Drive rightoF-way and the south line of said Gulf Coast treat, an aro distance of 371.77 feet m a h inch iron rod set as a point afrangency; THENCE N V16'41" E being at all times 70.00 fee[ perpendicular dutaroe from and parallel with the rents line of said existing Ridgeview (hive right-of-way and the south line of said Gulf Coast tract, distance of 91.79 feet to a'/:inch iron rod set far corner, THENCE S 22°43'19" E a distance of 70.00 feet to the point of Beginning and containing 0.874 acres, mme or less. A yellow plastic cap stamped with "BHC" identifies all '/2.=h iron rods set X VAp�M1VIm�Ng016l�E�RW\Maiptiaa'4+1fC I�v'WpRONnIX' Resolution No. 2397-5-05 (R), Page 3 EXHIBIT `A' Resolution No. 2397-5-05 (R), Page 4