Resolution 2009-16 RESOLUTION NO. 2009 -16(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 THE TWIN LAKES OUTFALL SEWER LINE;
GIVING NOTICE OF AN OFFICIAL DETERMINATION TO
ACQUIRE PROPERTIES FOR RIGHT -OF -WAY AND /OR RELATED
EASEMENTS FOR THE TWIN LAKES OUTFALL SEWER
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
properties described in Exhibit "A attached hereto and made a part of this Resolution for all
purposes (the "Property 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 the Twin Lakes Outfall Sewer Line (hereinafter referred to as the "Project for
the purposes of, among other things, sanitary sewer improvements.
WHEREAS, it is necessary to establish procedures for determining the establishment
and approval of just compensation for the easement to be acquired for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Acquisition of Property. 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 No. 2009 -16(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 1
509203 -1
SECTION 3: Authority of the City Manager. 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 Properties, 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 easement acquired in connection with this
Project, should they interfere with use and enjoyment of the easement.
SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the right -of-
way and /or easements for the construction of and /or improvements to Twin Lakes Outfall Sewer
Line will be appropriated from the Sewer 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. 2009 -16(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 2
509203 -1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 26` day of May, 2009.
Eric Hogue, Mayo
ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
C.ro e Ehrlic City Secretary Abernathy, Roeder, Boy Joplin, P.C.
Rebecca Brewer
City Attorneys
4 4 OF %lo
Ir fir
•158
Resolution No. 2009 -16(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 3
509203 -1
E.XHInur "A"
30' SANITARY SEWER EASEMENT
Being A 0.525 ACRE TRACT OF LAND SITUATED IN THE WILLAM SUTTON
SURVEY ABSTRACT NUMBER 860, IN THE CITY OF WYLIE, COLLtN
COUNTY, TEXAS AND BEING A PART OF A 25.00 ACRE TRACT OF LAND
AS CONVV.VED TO .TOTIN PEDERGRASS, RECORDED BY DEED IN VOLUME
674 PACE 481 DEED RECORDS OF COLLLN COUNTY, AND BEING OVER
AND ACROSS TI1AT CERTAIN Nulled 21.998) ACRE TRACT OF LAND NOW,
OR FORMERLY, IN THE NAME O1 (ECIL HALE, PER WARRANTY DEED
VOLUME 5166 PAGE 1868 AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND ROUNDS AS FOLLOWS:
ID:GINNING at a found iron rod with red cap stamped RPLS 3949 in the east linc of Pleasant Valley Rd
(CR 378) and being a reference point of 20.01 feet for said northwest corner of a called 21.998 acre tract of
land conveyed to Cecil Hale by deed recorded in Volume 5166 Page 1868,
THENCE North 37 degrees 5$ minutes 4 seconds West, a distance of 495_95,
THENCE South 88 decrees 31 minutes 38 seconds East a distance of 1097.34 feet to a inch iron rod
with red cap stamped RLS 5664 7..et for the POINT OF BEGINNING of herein described 0.525 acre tract
from which a inch pipe bears S 87 degees 53 minutes 15 second a distance of 245.62,
THENCE South SX degrees 31 minutes lit seconds Fast, a distance of 33,13 feet to a i inch iron rod set,
THENCE South 23 degrees 38 minutes 08 seconds Est, entering said tract in a southerly, easterly
westerly and northerly direction the following eight (8) courses and distances, a distance of 2,70 feet to a
inch iron rod set with red cap stamped RLS 5664,
THENCE Smith g5 1.1.e artes 16 minutes 52 seconds East., a distance of 261.57 feet to a inch iron rod set,
THENCE Smith 01 degrees .7.0 minutes. 53 seconds West. a distance of 447.92 feet to a inch iron rod set,
THENCE South 86 deuces 34 minutes 00 seconds West. a distance 0175.67 feet to a inch iron rod sct,
THENCE South 27degees 78 minutes 08 :;.,:conds East, a distance of 31,73 feet to a Y.: inch iron rod set,
THENCE1 86 de2JVCS 07 minutes 11 seconds East a distance of 5.9.05 feet to a inch iron rod ;..et,
THENCE North 01 degccs 20 minutes 53 seconds East, a distance of 391.79 feet to a i inch iron rod set,
THENCE North 85 degrees 16 minutes 52 seconds East, a distance of 251.19 feet to a i inch iron rod set,
THENCE North 23 degrees 38 minutes 08 seconds West, a distance of 34.66 feet to the POINT OF
BEGINNING and containing 22873 square feet or 0.525 acres of land.
In addition to the above described 30' foot wide permanent sewer easement, there will be one 50.00 foot
wide Temporary Construction Easement on the south and west of said 30' permanent easement, being
south and west of, parallel with, and adjacent to the above described permanent easement
(1\'''.-2/ �,OF
Rudy Ran ..1 Register, d Professional
Date
Land Surveyor Ito. 5664 RUDY RANGEL u s
5,(11/91r '8'
JO' SANITARY EAsaik
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velLMA JEAN TURNER
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P ‘,o' ENIFORARY
G.C. No. 2002-0087730 cotasTnuniati FaSfVENT I) I
VOLUME !)166, PAGE 1868 L4
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