R-2274-4-04RESOLUTION NO. 2274-"4(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 ALLEN DRIVE 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:
SECFION 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 East Main Street 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 rightof-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 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 13"a DAY OF AMM 2004.
APPROVED:
d0a J
Stephen ermll, MAYOR
ATTEST:
ShAlky B.
GeoC, CITY SECRETARY
' BW2 No. 02-318 February 23, 2004 Page l oft
CITY OF ALLEN
ALLEN DRIVE
RIGHT OF WAY DEDICATION
PARCEL2
A 2858 SQUARE FOOT PARCEL OF LAND OUT OF THE JAMES L. REED SURVEY,
ABSTRACT NO. 758, COLLIN COUNTY, TEXAS, BEING PART OF LOT 1, BLOCK A, OF
EDWIN PLACE ADDITION, AN ADDITION TO THE CITY OF ALLEN AS RECORDED IN
CABINET J, SLIDE 690 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
(DRCCT), AS DEEDED TO MEDICINE SHOPPES, INC. AND RECORDED IN VOLUME
99059327, PAGE 4114, DRCCT, AS SHOWN ON THE ATTACHED EXHIBIT "A" (PAGE 2
OF 2), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
The POINT OF BEGINNING is the southeast comer of said Lot 1, being on the west line of the
80 foot Right of Way for Allen Drive, said point being the northeast comer of Lot 2 of said
Edwin Place Addition
THENCE N 02°53'55" W, departing said Right of Way line and crossing Lot 1, a distance of
40.64 fee;
THENCE N 25'40'09" W, a distance of 70.98 feet to a point;
THENCE N 44°02'55" W, a distance of 51.98 felt to a point
'
THENCE N SY00'59" W, a distance of 43.98 feet to a point on the south line of the Right of
Way for Allen Drive;
THENCE S 69'47'53" E, with said Right of Way line, a distance of 48.63 feet to a point nt the
beginning of circular curve to the right having a radius of 90.00 feel
THENCE continue with said curving Right of Way, through a central angle of 68'42'01", an am
distance of 107.91 feet, and having a chord which bears S 35°26'52" E, a distance of 101.56 feet
to a point oftangem;
THENCE S 01'05'52" E, continue with said Right of Way, a distance of 58.13 fat to a point;
THENCE S 10°13'34" W, continue with said Right of Way, a distance of 11.53 feet to the
POINT OF BEGINNING, and containing 2,858 square feet (0.0656 acre) of land.
J `M-1 W NIFyCRIPI'IOF9atOUPnanRc Cot
Resolution No. 2274-4-04(R), Page 2
I
EDWIN PLACE
PARTNERS LTD.
VOL. 493. PG. 1226
D.R.CC.A.
40 0 40
acele tee
ALLEN DRIVE,
1"
= 40'
BLOCK A
LOT 1
'
WE ADDITION
'
I. SLIDE 690
i.C.C.T.
1
I
1
MEDICINE SHOPPES,
INC.
1
VOL. 99069629, PG. 4{14 4
D.R.C.C.T.
P,Oy°j
CALLED 0.9" AC=
yry ._ eyi
101Y
PARCEL 2
ey
DEDICATION
9y
AREA
10, '6
hper
" PARCEL 2 2,858 S.F.
NUMBER BEARING
DISTANCE
f" E
0 513'
L1 N 02'53'55" W
40.64'
58
L2 5 10'13'34' W
11.53
ALLEN DRIVE,
EXHIBIT •A•
BW2 Engine�era, Inc. I
^ B c.'.�"amaTm'Sb9Aixn
wamnv va
RRCUNSTRUCIDIR
Rl91ROFWAY DMCATU M
PARCEL 2
CITY OF ALLEN
.w 2 a
Resolution No. 2274-4-04(R), Page 3
'
EXHIBIT •A•
BW2 Engine�era, Inc. I
^ B c.'.�"amaTm'Sb9Aixn
wamnv va
RRCUNSTRUCIDIR
Rl91ROFWAY DMCATU M
PARCEL 2
CITY OF ALLEN
.w 2 a
Resolution No. 2274-4-04(R), Page 3
A 456 SQUARE FOOT PARCEL OF LAND OUT OF THE JAMES READ SURVEY,
ABSTRACT NO, 75s, COLLIN COUNTY, TEXAS, BEING A PORTION OF LOT I OF THE
AE. VITA AND E.T. BOON, IR. SUBDIVISION, AN ADDITION TO THE CITY OF ALLEN
AS RECORDED IN CABINET H, SLIDE 149 OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS (DRCCT), SAD) PORTION OF LOT 1 BEING DEEDED TO A.E. VITA,
ET AL. AND RECORDED IN COUNTY CLERKS RECORD 98-0015173, DIRECT, AS
SHOWN ON THE ATTACHED EXHIBIT "A", AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE at a found half inch inn red with cap, said red marking a
southwest comer of Lot 3 ofas id subdivision;
02-318 February 12,2004
CITY OF ALLEN
ALLEN DRIVE
R.O.W. ACQN51770N
PARCEL 7
A 456 SQUARE FOOT PARCEL OF LAND OUT OF THE JAMES READ SURVEY,
ABSTRACT NO, 75s, COLLIN COUNTY, TEXAS, BEING A PORTION OF LOT I OF THE
AE. VITA AND E.T. BOON, IR. SUBDIVISION, AN ADDITION TO THE CITY OF ALLEN
AS RECORDED IN CABINET H, SLIDE 149 OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS (DRCCT), SAD) PORTION OF LOT 1 BEING DEEDED TO A.E. VITA,
ET AL. AND RECORDED IN COUNTY CLERKS RECORD 98-0015173, DIRECT, AS
SHOWN ON THE ATTACHED EXHIBIT "A", AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE at a found half inch inn red with cap, said red marking a
southwest comer of Lot 3 ofas id subdivision;
THENCE Nath 01"05'14" Wast, corninue with said Rigid of Way, s distance of 149 feet to the
POINT OF BEGINNING, said pont being the southwest comer of said A.E. Vila track and being
the northwest comer ofa tract of land out of Lot I as deeded re Anthony Vim, ET. AL. and
recorded in County Clerks Record No. 97-0060422;
THENCE North 01°05'14" West, continue with said Right of Way Ins, being the west Ise Of
said A.E. Vita track a distance of 48.11 fretto a point, bene the nonhwen comer of said A E.
Vna track and bemgthe senhwen corner of a tractofland as deeded to Doinro Vanence, Ltd.
and recorded n County Clerks Record No. 97-0112954;
THENCE North 89°01'38" Bask with the north 1. of said A.E. Visa Iraq beingthe south line
of said Dahito tract, a distance of 6.42 feet to a Fusin at the beginning of non4eagan cause to
the left having a radeas of470 00 fest;
Page 1 oft J W4JIBIOFSCRII'IION.Y,DucPuN16�'
Resolution No. 2274-4-04(R), Page 4
THENCE North 10°45'23" Bass, with a wen fine of LM 3, a diseases of 25.37 feat to a Point
bring an interior e0 caner of Lot 3;
THENCE South 88°24144" Wan, a distance of 169.14 fat an a pont of intersection on the north
line ofthe Right of Way for Alla Drive,
THENCE Nath 69'47'14" Wart, with send Right of Way, a distance of 127.87 fat to a pond a
the battening of a cone ro the right having a radius of 75 00 Ret;
THENCE with said curving Right of Way, through a central angle °1768°16'25", an are distance
of 89.37 feet and having a chord which bears North 35°39'02' Weak a distance of 84.18 fat to a
pont oftangan;
THENCE North 00625'50" West, continue with said Right of Way line a distance of 140.16 goat
to a posid of intersacea;
THENCE Nath 01"05'14" Wast, corninue with said Rigid of Way, s distance of 149 feet to the
POINT OF BEGINNING, said pont being the southwest comer of said A.E. Vila track and being
the northwest comer ofa tract of land out of Lot I as deeded re Anthony Vim, ET. AL. and
recorded in County Clerks Record No. 97-0060422;
THENCE North 01°05'14" West, continue with said Right of Way Ins, being the west Ise Of
said A.E. Vita track a distance of 48.11 fretto a point, bene the nonhwen comer of said A E.
Vna track and bemgthe senhwen corner of a tractofland as deeded to Doinro Vanence, Ltd.
and recorded n County Clerks Record No. 97-0112954;
THENCE North 89°01'38" Bask with the north 1. of said A.E. Visa Iraq beingthe south line
of said Dahito tract, a distance of 6.42 feet to a Fusin at the beginning of non4eagan cause to
the left having a radeas of470 00 fest;
Page 1 oft J W4JIBIOFSCRII'IION.Y,DucPuN16�'
Resolution No. 2274-4-04(R), Page 4
' 02-378
February 12,2004
THENCE departing said comma line, sad crossing W 1 with said wive, through a cadral
eagle of 05°5548", as. dista a, of 4864 feet, ®d hating a chord which bears South 09918'19"
Ea.¢, a distanw of48 62 w a poet a the south line of sad A E. Vita vaa, beingihe north Ime of
said Avthay Vim tract
THENCE South 89901'38" West, With said commas Imo, It duteua of 13 38 fat tothe POINT
OF BEGINNING, and ount akung 456 square tea (0.0105 ease) of land.
joh. P. Wilda, RPLS 4285 Dne
P�Sa1 etE IWI-a1aDr3CRIPRnl1.S�aual.4x
Resolution No. 2274-4-04(R). Page 5
I
II
II
3h[N�jgO' � 3A:.A e' is CC iNn
I m Owarc
uuY My =
rA $ 5P x }a3a
i� � & 9 roux/x 4x <�3as�rmoY
73y�
rJj]
43 86
pJJ
h
�
� a
N
w
3
s u
'
as
73y�
43 86
pJJ
—__—_bf14r
�
� a
N
w
3
s u
'
as
�m
Sri
7
AN 11,879 SQUARE FOOT PARCEL OF LAND OUT OF THE JAMES READ SURVEY,
ABSTRACT NO. 758, COLLIN COUNTY, TEXAS, BEING OUT OF LOT 1 OF THE A.E.
VRA AND E.T. BOON, JR SUBDIVISION, AN ADDITION TO THE CITY OF ALLEN AS
RECORDED IN CABINET H, SLIDE 149 OF THE DEED RECORDS OF COLLIN COUNTY,
TEXAS (DRCCT), SAID PORTION OF LOT 1 BEING DEEDED TO ANTHONY VRA, ET.
AL. AND RECORDED IN COUNTY CLERKS RECORD 97-0060422, DRCCT, AS SHOWN
ON THE ATTACHED EXHIBIT "A", AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS.
COMMENCING FOR REFERENCE at a finned half nick into rod with cap, said rod marking a
u uti,,wt miner of a Lot 3 ofmd subdivision,
THENCE North 10°45'23" East, with a wast line of Lct 3, a distance of25.37 Seatto a Point
being an finerwr ell coma of Lot 3;
THENCE South 88°24'44" West, a distance of 169 14 feat to a Point of nanamoloon -the north
line ofthe Right of Way for Allen Done;
THENCE North 69"4T 14" West, with said Right of Way, a distance of 1147 fart to the POINT
OF BEGINNING;
THENCE North 69047'14" West, continue with said Right of Way line, a distance of 116.40 fat
' no a point ache beginning ofa curve to the righthaving a radius 0£75.00 fat;
THENCE along laud Wive, thr-gh a central angle of 68°1675", an arc distance of 89 37 fat,
and having a chord which been North 3599'02" Wert, a distance of 84.18 fat th a point of
tangant,
THENCE North 00°25'50" West, continue with the east Ione ofthe Right of Way for Allen Drive,
a distance of 140.16 feet to a point of nAerseetion;
THENCE North 01'05'14" West, continue with said Right of Way, a distance of 1.49 fest to a
pmnt, said Point bevng the northwust cancer of said Anthony Vita tract, being the southwest of a
tractofland as deeded to A.E. Van and recorded in County Clerks Record No. 98-11015173;
THENCE North 89°01'38" East, with the north It.. of said Anthony Vita tract, being the south
line of said A E. Vita tinct, a distance of 13 38 feel m a ponA atthe bagimniog of a n-taogsot
cora to the IeR having a radius of 470 00 fat;
wesh"rx rwxaiauwscaenovsweav�ms.m"
Resolution No. 2274-4-04(R), Page 7
02-316 February 12,2004
'
CITY OF ALLEN
ALLEN DRIVE
R.O.W. ACQUISITION
PARCELS
AN 11,879 SQUARE FOOT PARCEL OF LAND OUT OF THE JAMES READ SURVEY,
ABSTRACT NO. 758, COLLIN COUNTY, TEXAS, BEING OUT OF LOT 1 OF THE A.E.
VRA AND E.T. BOON, JR SUBDIVISION, AN ADDITION TO THE CITY OF ALLEN AS
RECORDED IN CABINET H, SLIDE 149 OF THE DEED RECORDS OF COLLIN COUNTY,
TEXAS (DRCCT), SAID PORTION OF LOT 1 BEING DEEDED TO ANTHONY VRA, ET.
AL. AND RECORDED IN COUNTY CLERKS RECORD 97-0060422, DRCCT, AS SHOWN
ON THE ATTACHED EXHIBIT "A", AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS.
COMMENCING FOR REFERENCE at a finned half nick into rod with cap, said rod marking a
u uti,,wt miner of a Lot 3 ofmd subdivision,
THENCE North 10°45'23" East, with a wast line of Lct 3, a distance of25.37 Seatto a Point
being an finerwr ell coma of Lot 3;
THENCE South 88°24'44" West, a distance of 169 14 feat to a Point of nanamoloon -the north
line ofthe Right of Way for Allen Done;
THENCE North 69"4T 14" West, with said Right of Way, a distance of 1147 fart to the POINT
OF BEGINNING;
THENCE North 69047'14" West, continue with said Right of Way line, a distance of 116.40 fat
' no a point ache beginning ofa curve to the righthaving a radius 0£75.00 fat;
THENCE along laud Wive, thr-gh a central angle of 68°1675", an arc distance of 89 37 fat,
and having a chord which been North 3599'02" Wert, a distance of 84.18 fat th a point of
tangant,
THENCE North 00°25'50" West, continue with the east Ione ofthe Right of Way for Allen Drive,
a distance of 140.16 feet to a point of nAerseetion;
THENCE North 01'05'14" West, continue with said Right of Way, a distance of 1.49 fest to a
pmnt, said Point bevng the northwust cancer of said Anthony Vita tract, being the southwest of a
tractofland as deeded to A.E. Van and recorded in County Clerks Record No. 98-11015173;
THENCE North 89°01'38" East, with the north It.. of said Anthony Vita tract, being the south
line of said A E. Vita tinct, a distance of 13 38 feel m a ponA atthe bagimniog of a n-taogsot
cora to the IeR having a radius of 470 00 fat;
wesh"rx rwxaiauwscaenovsweav�ms.m"
Resolution No. 2274-4-04(R), Page 7
' 02-318 February 12, 2004
THENCE departing said cmmnon line, and crossing Lot 1 wdh uid curve, dvough a oun rel
angle of 35°55'50", an arc distance of 294.74 feel, and having a chord which bears South
30°14'08" East, a distance of 289.93 feet to the POINT OF BEGINNING, and containing 11,879
square fed (0,2727 acre) of Wid.
7 P. Wilder, RP1,S 4285 Date
Resolution No. 2274-4-04(R). Page 8
Pogva ar3
1'ei)IMFYCRIYTIONS\0.4Pe.W8drc
Resolution No. 2274-4-04(R). Page 8
II
J
ariiau no �