Ordinance 1992-06a
ORDU1ANCE NO.
9:< -~
AN ORDINANCE OF THE. CITY OF WYLIE, TEXAS DETERMING A PUBLIC NEED
AND NECESSITY FOR THE ACQUISITION OF THE FEE SIMPLE TITLE TO
CERTAIN TRACTS OF REAL ESTATE LOCATED IN THE E. C. DAVIDSON
SURVEY, ABSTRACT NO. 267, AND LOCATED IN RICHARD D. NEWMAN
SURVEY, ABSTRACT NO. 660, BOTH BEING IN THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, FOR THE PURPOSE OF IMPROVING AND WIDENING ALANIS
ROAD AND FOR FURTHER MUNICIPAL PURPOSES ASSOCIATED THEREWITH;
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE A PROCEEDING IN
EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDIBG AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas,
having considered the matter has determined that there is a
public necessity for the welfare of the City of Wylie and the
public at large to acquire certain real property for right-of-
way, utility easements, road relocation, associated with the
improvement and widening of Alanis Lane; and
WHEREAS, in accordance with the above the City Council of
the City of Wylie, Texas, hereby finds that it is in the public
interest to acquire the fee simple title to the real estate
hereafter described for the above stated Municipal purposes; and
WHEREAS, the real property to be acquired for such purposes
consists of three separate tracts, located in the E. C. Davidson
Survey, Abstract No. 267, and located in Richard D. Newman
Survey, Abstract No. 660, both being in the City of Wylie, Collin
County, Texas, consists of approximately 1.060 acres and is more
particularly described in Exhibits A-I, A-2 and A-3, attached
hereto and made a part hereof by reference (the "property");
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
Section 1.
The City Council hereby finds and determines that it is necessary
for the welfare of the City and its citizens and is in the public
interest to acquire the fee simple title to the property for road
improvement and widening, right-of-way, utility, and associated
Municipal purposes.
Section 2.
The City Manager, Acting City Manager, or their designee is
hereby authorized on behalf of the City to attempt to agree to
damages and compensation to be paid to the owners of the
property. If the City Manager or their designee determines that
an agreement for damages and compensation cannot be reached then
the City Attorney, or his designee, is hereby authorized to file
or cause to be filed against the owners and interested parties of
the property, a proceeding in eminent domain to acquire the fee
simple title to the property.
Section 3.
It is the expressed intent of the City Council that this
ordinance shall authorize the condemnation for all property
required for the City to completely and satisfactorily widen and
improve Alanis Lane from Martinez Lane, Easterly to the site of
the City's property formerly operated as a landfill, specifically
including, without limitation the expressed purposes incident
thereto as hereinabove enumerated. If it is later determined
that there are any errors or discrepancies contained in the
description of the property effected hereby or if later surveys
contain more accurate revised descriptions, the City Attorney or
his designee, is authorized to have such errors corrected and
revisions made without the necessity of obtaining a new City
Council ordinance authorizing the condemnation of the corrected
or revised property.
Section 4.
The findings of fact
in the preamble of
part of the body
set forth herein.
or recitations and provisions as set forth
this ordinance are adopted and fully made a
of this ordinance, as if the same were fully
Section 5.
This ordinance shall become effective immediately from and after
its approval.
DULY PASSED AND APPROVED, by the City Council
Wylie, Texas, this 10th day of June, 1992.
of the
City of
ATTEST:
EXHIBIT A-I
BEING a 0.288 acre tract of land situated in Collin County, Texas
and the City of Wylie, Texas, being part of the E.C. Davidson
Survey, Abstract No. 267, and being the easterly portion of a
tract of land conveyed to Henry Martinez by deed recorded in
Volume 626, Page 54 of the Collin County Deed Records, and a
called 1.64 acre tract of land as described in Volume 2242, Page
204 of the Collin County Deed Records, being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod found for a corner in Alanis
Road (an unpaved roadway), said corner being the southeast corner
of the said Martinez tract;
THENCE North 89018'14" West, along the south line of said Marti-
nez tract, a distance of 418.30 feet to a 1/2 inch iron rod for
corner;
THENCE North 00048'28" East, a distance of 30.00 feet to a point
for a corner;
THENCE South 89018'14" East, a distance of 418.58 feet to a point
for corner, said point being on the east line of the said Marti-
nez tract;
THENCE South 01021'02" West, along said east line, a distance of
30.00 feet to the POINT OF BEGINNING AND CONTAINING 12,553 square
feet or 0.288 acres of land more or less.
Revised 4/30/92
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EXHIBIT A - 2.
BEING a 0.072 acre tract of land situated in Collin County, Texas
and the City of Wylie, Texas, being part of the E.C. Davidson
Survey, Abstract No. 267, and being the westerly portion of a
tract of land conveyed to Henry Martinez by deed recorded in
Volume 626, Page 54 of the Collin County Deed Records, being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for a corner in Alanis
Road (an unpaved roadway), said corner being the southwest corner
of the said Martinez tract;
THENCE North 03036'27" East, along the west line of said Martinez
tract, a distance of 30.04 feet to a point for a corner;
THENCE South 89018'14" East, a distance of 103.96 feet to a point
for a corner;
THENCE South 00048'28" West, a distance of 30.00 feet to a point
for corner;
THENCE North 89018'14" t~est, a distance of 105.42 feet to the
POINT OF BEGINNING AND CONTAINING 3,141 square feet or 0.072
acres of land more or less.
Revised 4/30/92
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VOLUME 626. PAGE 54
PROPOSED ROW
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EXHIBIT A - 3
BEING a 0.700 acre tract of land situated in Collin County, Texas
and the city of Wylie, Texas, being part of the Richard D. Newman
Survey, Abstract No. 660, and being part of a called 43.401 acre
tract of land recorded in Volume 1675, Page 749 of the Collin
County Deed Records, being more particularly described as fol-
lows:
BEGINNING at a 1/2 inch iron rod found for a corner in Alanis
Road (an unpaved roadway), said corner being the northeast corner
of the said 43.401 acre tract, said point also being the north-
west corner of a called 39.76 acre tract of land recorded in
Volume 753, Page 444, Collin County Deed Records;
THENCE South 02011'30" West, along the east line of said 43.401
acre tract, a distance of 30.00 feet to a point for a corner;
THENCE North 88032'37" West, departing said east line, a distance
of 441.40 feet to a point for a corner;
THENCE North 89018'14" West, a distance of 575.12 feet to a point
for a corner;
THENCE North 03036'27" East, a distance of 31.12 feet to a point
for a corner, said point being on the north line of the said
43.401 acre tract;
THENCE South 88003'51" East, along said north line, a distance of
50.02 feet to a point for a corner;
THENCE South 89018'14" East, along said north line, a distance of
523.73 feet to a point for a corner;
THENCE South 88032'37" East, along said north line, a distance of
441.98 feet to the POINT OF BEGINNING AND CONTAINING 30,512
square feet or 0.700 acres of land more or less.
Revised 4/30/92
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