Resolution 2008-35 RESOLUTION NO. 2008-35(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO
ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN
PROPERTIES FOR THE RIGHT-OF-WAY AND/OR RELATED
EASEMENTS FOR THE CONSTRUCTION OF AND/OR
IMPROVEMENTS TO SPRINGWELL PARKWAY; GIVING NOTICE
OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES
FOR RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE
SPRINGWELL PARKWAY PROJECT; AUTHORIZING THE CITY
MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH
PROCEDURES FOR ACQUIRING THE PROPERTIES, BY
PURCHASE OR CONDEMNATION; APPROPRIATING FUNDS;
MAKING OFFERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated
and determined that there is a public necessity for, and the public welfare and convenience will be
served by, the acquisition, of right-of-way and/or related easements on each of the parcels of
ry~ properties described in Exhibit "A", attached hereto and made a part of this Resolution for all
purposes (the "Pro ert and it is the City of Wylie, Texas' ("Wylie") intent to acquire, by
purchase or condemnation, the necessary right-of-way and/or easements on the Property for the
purpose of, among other things, the construction, access, repair and maintenance of public
facilities, specifically, the right-of-way and/or related easements for the construction of and/or
improvements to Springwell Parkway (hereinafter referred to as the "Project") for the purposes of,
among other things, paving and drainage improvements.
WHEREAS, it is necessary to establish procedures for determining the establishment
and approval of just compensation for the right-of-way to be acquired for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findin s~ Incorporated. The findings set forth above are incorporated into
the body of this R~solution as if fully set forth herein.
SECTION 2: Acquisition of Pro~ertv. The City Council hereby officially determines
that there is a public necessity for, and the public welfare and convenience will be served by, the
acquisition of the Properties, and it is Wylie's intent to acquire, by purchase or condemnation,
the Property described in Exhibit "A" attached hereto, for the Project.
Resolution Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 1
509203-1
SECTION 3: Authority of the City Mana~. The City Manager is hereby authorized to
contract, on behalf of the City Council, with professional appraisers for appraisal services and
with attorneys for preparation of title opinions needed by Wylie from time to time in connection
with acquiring the Property for the Project. The City Council hereby ratifies any contracts
entered into, prior to the effective date of this Resolution, by the City Manager with professional
appraisers for appraisal services and with attorneys for preparation of title opinions needed for
the acquisition of the Property made the subject of this Resolution.
SECTION 4: Determination of Just Compensation. The City Manager, or her designee,
is hereby authorized and directed to examine and rely on the independent appraisal reports, and
other information, in establishing and approving the fair market value offer and the just
compensation for said right-of-way and/or easements. After consideration of said information,
the City Manager shall establish and approve the amount determined to be just compensation for
acquisition of the right-of-way and/or easements.
SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City
Manager of the amount of just compensation for the acquisition of the Property, the City
Manager, or her designee, is authorized to send a written offer to the owner(s) of said Property,
along with a copy of the Landowner's Bill of Rights, for acquisition of said right-of-way and/or
easements at the full amount determined and established to be just compensation for each parcel,
and to negotiate with said owner(s) on behalf of Wylie.
SECTION 6: Authority to Execute Documents. The City Manager is hereby
authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or
condemnation, each of the parcels needed for the Project.
SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell
such surplus improvements, if any, located on the right-of-way acquired in connection with this
Project, should they interfere with use and enjoyment of the right-of-way.
SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the right-of-
way and/or easements for the Project will be appropriated from the Thoroughfare Impact Fee
Fund.
SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire
the right-of-way and/or easements by purchasing same, the City Manager is authorized to
instruct the law firm of Abernathy, Roeder, Boyd & Joplin P.C. to commence condemnation
proceedings for the acquisition of the right-of-way and/or easements for the Project.
SECTION 10: Effective Date. This Resolution shall take effect immediately from and
after its passage.
Resolution No. 2008-35
Resolution Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 2
~09203-1
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on
this the 26`h day of August 2008.
~ ~
,
Eric Hogue, Ma o
ATTESTED TO AND ,,``~l~,t ~ ~dr~i
.
CORRECTLY RECORDED BY: ~
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Carole Ehrlich, ty Secretary ~,o°`~
'';p,`-:,'.-...ae<• ~r~
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APPROVED AS TO FORM:
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Abernathy, Roeder, Boyd & Joplin, P.C.
Rebecca Brewer
City Attorneys
Date of publication in The Wylie News - September 3, 2008
Resolution No. 2008-35
Resolution Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 3
509203-1
EXFIIBIT "A"
~ RIGHT-OF-WAY FOR SPRINGWELL PARKWAY
0.7728 ACRES
W.M. SACHSE SURVEY, ABSTRACT NO. 835
CITY OF WYUE, COLLIN COUNTY, TEXAS
BEING a 0.7728 acre tract of land situated in the W.M. Sachse Survey, Abstract No. 835, in the Ciry of Wylie,
Collin County, Texas, and being part of Lot 1, Block A of Jacobs Addition, an addition to the City of Wylie, Collin
County, Texas, according to the plat thereof recorded in Cabinet F, Page 369 of the Map Records of Collin
County, Texas, as described in deed to Alpay Living Trust of October 18, 1996, recorded in Instrument No.
20060208000171930 of the Official Public Records of Collin County, Texas, and being more particularly
described as follows:
BEGINNING at a 5/8-inch iron rod found with cap in the south line F.M. Highway No. 544, and the northwest
corner of said Lot 1, Block A,
THENCE South 89°51'S8" East, along said south line F.M. Highway No. 544, and the north line of said Lot 1,
Block A, a distance of 126.06 feet to a point for comer;
THENCE South 00°18'25" West, leaving the south line of F.M. Highway No. 544, across said Lot 1, a distance
of 17.24 feet to a point at the beginning of a curve to the right;
THENCE along said curve to the right, through a central angle of 27°16'45", having a radius of 540.00 feet, and
a chord bearing and distance of South 13°56'48" West, 254.68 feet, an arc length of 257.10 feet to a point for
the end of the curve and the beginning of a reverse curve to the left;
THENCE along said curve to the left, through a central angle of 27°27'21", having a radius of 368.84 feet, and a
chord bearing and distance of South 13°42'40" West, 175.06 feet, an arc length of 176.75 feet to a point in the F
south line of said Lot 1; r
THENCE North 89°50'04" West, along the south line of said Lot 1, a distance of 18.98 feet to 5/8-inch iron rod ~
found at the southwest comer of said Lot 1;
THENCE North 00°32'32" West, along the west line of said Lot 1, a distance of 434.74 feet to the POINT OF
BEGINNING and containing 0.7728 acres (33,662 Square Feet) of land. -
Bearing system on the State Plane Coordinate System, North Central Texas Zone per the City of Wylie Geodetic
Survey Marker. >
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Page 1 of 3
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EXHIBIT "B"
R/GHT-OF-WAY FOR SPR/NGWELL PARKWAY
0. 7728 A CRES
W.M. SACHSE SURVEY, ABSTRACT NO. 835
CITY OF WYLIE, COLLIN COUNTY, TEXAS
F. M. HIGHWA Y No. 544
_ ~5, x~s' cos~.~ ~120-FO S 8s'S1 ~5
UBE IC RIGH Po 0~-~WA~Y) ~t
Easement
Vol. 4584, P. 2450 ~s " raFC 126. 06 ~ 3~~ P~ ~
- - - - - - - - - - I -
!'_20~ BuidlnQllne__Vol_~ Pg~~_ ~
S 00'18'25" W 17. 24 i s/e-! r~
ti i ;
I ~ ~ 4=27'16'45" ~ '
POIN T OF i R=540.00' ~
BEGINNING ~ ~ ~ L=257.10' ~
~ ~ CB=S13 56'48"W ~ 3
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10' CoServ Esm t ~ n a i
Vol. 4584, Pg. 245~ i i LOT 1
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PROPOSED 60' W1DE i~ ~ ~
ACCESS EASEMENT ~ 3 i~ 0. 7728 ACRES ~ Z~ a
, ~ (33,662 SQ. FT.)
~ N i~ JACOBS ADOf 170N ~ i ~
~ ~ c~e. F Pc. sss I~
'~y, `[~rUo ~Q ~~g I O i I ALPAY UVING TRUST ~i la
o~C~~ I OF OCTOBER 8. 996 I I
~ I Z ~ ~ CAB. F, PG 369 i I~ ;
i ~ M.R.C.C. T. ~
10' T.P. & L. ESMT. ~ ~ -
VOL.911, PG. 289 ~ ~ ~ 4=2727~2~n 10~ T.P. dt L. ESMT.~ I
D.R.C.C.T. j ~ R=368.84~ ~l.911, PG. 289 i 'r
( i i , D.R.C.C. T. i ~
REMAlNDER OF CALLED I i~ L=176. 75 ~ i V
1 i 1.848 ACRES (TJ?ACT ll) ~ i CB= S13'42 40 W i I
IONA N. INGRAM ( ~ CL =175. 06 ~ ' ' - ,
VOL. 826, PG. 579 5~. F----------------- - ' ir
D. R. G C. T. I
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N 89 50 04 W ~ -
~ 18. 98' Y
ARTNUR P. WILLIS
15' CoSERV GAS. & FARMERS 2.000 ACRES
ELEC. CO-OP ESMT. ( VOL. f849, PG. 5f ~ a
VOL. 4887, PG. 1739 ~ L. R. C. C. T. ~ '
L. R. C. C. T. ' ~
~ Bearing system on the State Plone ~
~ Coordinote System, North Central
N Texas Zone per the Cify of Wylie
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!~v J'~ ~ Geodetic Survey Marker. ~
~~.'Y~;~• i~ ~.;x:5;*> ~ t GEND: -
` W E ?RFC = IRON ROD FOUND W1 TH CAP
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.....................i... 1RSC =!RON ROU SET VVITH "KHA" CAP
~ ~OfiN v~CA~~~nr........ ~ ~OL - Pagem~
~ 1Ci'J7 ~ L R.C.C.?. = LAND RECORDS '
u,, ~t • 1 inch = 1U0 ft. (~F COLLIN COUNTY, TEXAS
~'c j QP R C C. T_ - OFFICIAL PUBLIC RECORDS -
t~ 1~~, OF COLLIN COUNTI', 7EXAS
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Page 2 of 3
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EXH/BlT "A"
~W~ RIGHT-OF-WAY FOR SPR/NGWELL PARKWAY
0. 7728 A CRES
W.M. SACHSE SURVEY, ABSTRACT NO. 835
C1TY OF WYLIE, COLLIN COUNTY, TEXAS
NOTES:
1.) This survey has been prepared with the use of the Commitment for Title Insurance issued by Commonwealth
LandTitlelnsurance Company, G.F. No. 2232002414, bearing an effective date of November 7, 2007.
10 d.) Easement to Texas Power 8 Light Company, recorded in Volume 397, Page 20 of the Deed
Records of Collin County, Texas, does appears to affect this tract as shown hereon.
e.) Easement to Texas Power & Light Company, recorded in Volume 911, Page 289 of the Deed
Records of Collin County, Texas and as shown on plat recorded in Volume F, Page 369 of the
Map Records of Coilin County, Texas, does appears to affect this tract as shown hereon.
f.) Intentionlly deleted.
g.) Easement to CoServ, recorded in Volume 4584, Page 2450 of the Land Records of Collin
County, Texas, does appears to affect this tract as shown hereon.
h.) Easement to CoServ, recorded in Volume 4584, Page 2454 of the Deed Records of Collin
County, Texas, does appears to affect this tract as shown hereon.
~ i.) The following, all according to plat recorded in Volume F, Page 369 of the Map Records of ;
<s
Collin County, Texas "r
Twenty'-foot building line along the north and east property lines.
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