Resolution 2009-20 RESOLUTION NO. 2009-20(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 FM 1378; GIVING NOTICE
OF AN OFFICIAL DETERMINATION TO ACQUIRE
PROPERTIES FOR RIGHT -OF -WAY AND /OR RELATED
EASEMENTS FOR THE FM 1378 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 Exhibits "A" and `B attached hereto and
made a part of this Resolution for all purposes (the "Properties 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 Properties 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 FM 1378
(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: 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 Properties described in Exhibits "A" and "B" attached
hereto, for the Project.
Resolution No. 2009 -20(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 Properties 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 Properties
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 Properties, 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 construction of and/or improvements to FM 1378,
will be appropriated from the 2006 General Obligation Bonds.
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
Pro j ect.
SECTION 10: Effective Date. This Resolution shall take effect immediately from
and after its passage.
Resolution No. 2009 -20(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 14 day of July, 2009.
Eric Hogue, M
ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
4111°
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Ca sle Ehrlich, ity 'ecretary Abernathy, eder, Bo f Joplin, '.C.
City Attorneys
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Resolution No. 2009 -20(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 3
509203 -1
EXHIBIT "A"
County: Collin Page 1 of 3
Highway: FM 1378 April 12, 2007
LIMITS: From Brown Street (FM 2514) to Parker Road (FM 2514)
R.O.W. CSJ:
FIELD NOTES FOR PARCEL 20
BEING a 3,848 square foot tract of land in the William Patterson Survey, Abstract
Number 716, in the City of Wylie, Collin County, Texas, being part of that certain called
one acre tract of land described in a deed to Bobby W. Mitchell and Barbara M. Mitchell,
as recorded in Volume 585, Page 503, Deed Records Collin County Texas and being
more particularly described by metes and bounds as follows:
COMMENCING at a point on the common south line of said one acre tract and the north
line of that certain called 1.002 acre tract of land as described in a deed to Donald K.
Anderson and Jennifer Fay Anderson as recorded in Volume 3185, Page 070, said
Deed Records;
THENCE, North 88 degrees 55 minutes 38 seconds East, along said common line, a
distance of 189.26 feet to a point for the POINT OF BEGINNING on the proposed west
right -of -way line of Farm to Market Road 1378 (also known as Country Club Road);
1) THENCE, North 01 degrees 16 minutes 39 seconds West, along said proposed
west right -of -way line, a distance of 208.21 feet to a 5/8 inch steel rebar with a
Texas Department of Transportation (TxDOT) aluminum cap set for comer on
the proposed west right -of -way line of said Farm to Market Road 1378, and on
the common north line of said Mitchell tract and the south line of that certain
called 1.000 acre tract of land described in a deed to John E. Martin and John D.
Martin, as recorded in Volume 5453, Page 002797, said Deed Records;
2) THENCE, North 89 degrees 15 minutes 39 seconds East, along said common
line, a distance of 17.90 feet to a point for comer on said existing west right -of-
way line of Farm to Market Road 1378 from which a 5/8 inch steel rebar found
bears North 89 degrees 15 minutes 39 seconds East at distance of 1.20 feet;
3) THENCE, South 01 degrees 36 minutes 06 seconds East, along said existing
west right -of -way line and east Tine of said Mitchell tract, a distance of 208.12 feet
to a point for the southeast corner of said Mitchell tract and the northeast comer
of said Anderson tract;
EXHIBIT "A"
County: Collin Page 2 of 3
Highway: FM 1378 April 12, 2007
LIMITS: From Brown Street (FM 2514) to Parker Road (FM 2514)
R.O.W. CSJ:
FIELD NOTES FOR PARCEL 20
4) THENCE, South 88 degrees 55 minutes 38 seconds West, along said common
Mitchell and Anderson line, passing at a distance of 0.57 feet a one -half inch
steel pipe found, continuing a total distance of 19.08 feet to the POINT OF
BEGINNING, and containing 3,848 square feet of land.;
This property description is accompanied by a separate plat of even date.
All bearings are based on the Texas State Plane Coordinate System, North Central
Zone, NAD 83(CORS 2002). All distances and coordinates shown are surface and may
be converted to grid by dividing by a combined scale factor of 1.000152710.
*The monument described and set in this call, if destroyed during construction, may be
replaced with a TxDOT Type II Right of Way Marker upon completion of the highway
construction project under the supervision of a Registered Professional Land Surveyor,
either employed or retained by TxDOT.
Research completed September, 2006; Field work completed November, 2006 and
Monuments set April, 2007.
WITNESS MY HAND AND SEAL at Dallas, Dallas County, Texas,
this the.30 day of P i 200'1
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�p'�'�`�� JOHN F. PIERCE
J n F. ierce
Registered Professional Land Surveyor 1. °9 20112:6
Texas Registration Number 2011 �/Pti0 3 9.
SURVEYING AND MAPPING, Inc.
1450 Empire Central, Suite 175
Dallas, Texas 75247
JOHN E. MARTIN AND, I
JOHN D MARTIN a W
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File: P: \TRC Solutions \25321C \MAPCHECKS \PARCELS \SKP \SKP20.OUT 4/30/2007, 12:33:34PM
BEGIN SESSION Mon Apr 30 12:33:25 2007
SKP20,JAB
Points 2 to 50 deleted. 2222 points in workfile.
FROM ANGLE DIST NORTH EAST TO
START 10000.00000 5000.00000 1
1 TRAV N 1 16 39 W 208.21 10208.15825 4995.35801 2
2 TRAY N 89 15 39 E 17.90 10208.38917 5013.25652 3
3 TRAV S 1 36 06 E 208.12 10000.35048 5019.07363 4
4 TRAV S 88 55 38 W 19.08 9999.99326 4999.99697 5
5 1 0 .01 10000.00000 5000.00000
illIMINIINAL Area 3848.51 sq ft 0.08835 ac
Page: 1
EXHIBIT "B"
ouswea
County: Collin Page 1 of 3
Highway: FM 1378 July 01, 2008
LIMITS: Unite Methodist Church Drainage Easement
R.O.W. CSC:
DRAINAGE EASEMENT
DESCRIPTION OF A 1.34 ACRE TRACT OF LAND IN THE WILLIAM PATTERSON
SURVEY, ABSTRACT NUMBER 716, IN THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS, BEING PART OF THE REMAINDER OF A CALLED 15.00 ACRE TRACT AS
DESCRIBED IN THE DEED TO WYLIE UNITED METHODIST CHURCH A TEXAS
NON -PRFIT CORPORATION AS RECORDED IN VOLUME 7386, PAGE 2560 OF THE
DEED RECORDS COLLIN COUNTY, TEXAS D.R.C.C.T.) SAME BEING PART OF
LOT1, BLOCK A, A CALLED 15.00 ACRE TRACT OF LAND AS SHOWN ON THE
FINAL PLAT OF WYLIE UNITED METHODIST CHURCH, AS RECORDED IN
CABINET R, PAGE 213, PLAT RECORDS COLLIN COUNTY TEXAS P.R.C.C.T.) AS
SHOWN ON THE ACCOMPANYING SAM INC. DWG NO. FN D_0301.DGN, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a calculated point for the northeast corner of the remainder of said Lot
1, Block A and being in the west existing right -of -way line of Farm to Market Road 1378
(also know as Country Club Road), as dedicated by said plat, from which a 5/8 -inch iron
rod with a Texas Department of Transportation (TxDOT) Aluminum cap found for the
common comer of the remainder of a called 199.22 acre tract as described in the deed
to Katheryn Skinner, a single woman, as recorded in Document Number
20070514000648930 of the D.R.C.C.T.) and a called 5,358 square feet tract as
described in the deed to The City of Wylie as recorded in Document Number
20080225000219530 of said (D.R.C.C.T.) bears, North 88° 59' 09" East, a distance of
2.10 feet and continuing for a total distance of 20.03 feet to a 5/8 -inch iron rod with a
plastic cap found;
1) THENCE, South 00° 43' 51" East, with said existing west right of way line, a
distance of 29.99 feet to a 5/8 -inch iron rod with a Sam Inc. cap set;
THENCE, Crossing said Lot 1, Block A the following four courses:
2) South 88° 59' 09" West, a distance of 525.75 feet to a 5/8 -iron rod with a Sam
Inc. cap set,
3) South 44° 16' 55" West, a distance of 21.31 feet to a 5/8 -inch iron rod with a
Sam Inc. cap set,
4) South 00° 24' 49" East, a distance of 443.00 feet to a 5/8 -inch iron rod with a
Sam Inc. cap set, and
EXHIBIT "B"
County: Collin Page 2 of 3
Highway: FM 1378 July 01, 2008
LIMITS: Unite Methodist Church Drainage Easement
R.O.W. CSJ:
DRAINAGE EASEMENT
5) South 44° 27' 58" West, a distance of 113.38 feet to a 5/8 -inch iron rod with a
Sam Inc. cap set in the common line of said Lot 1, Block A and said 199.22 acre
tract, from which a 1/2 -inch iron rod with a plastic cap found bears
South 00° 24' 49" East, a distance of 399.05 feet;
THENCE, with said common line the following two courses:
6) North 00° 24' 49" West, a distance of 567.49 feet to a 5/8 -inch iron rod with a
plastic cap found and
7) North 88° 59' 09" East, a distance of 620.57 feet to the POINT OF
BEGINNING and containing 1.34 acres of land.
This property description is accompanied by a separate plat of even date.
All bearings are based on the Texas State Plane Coordinate System, North Central
Zone, NAD 83(CORS 2002). All distances and coordinates shown are surface and may
be converted to grid by dividing by a combined scale factor of 1.000152710.
WITNESS MY HAND AND SEAL at Dallas, Dallas County, Texas this the 1st day of July
2008 A.D.
l .U. ,ww 01/0 l O ,t OF
g
Crai D. Price P e o'••
Registered Professional Land Surveyor
Texas Registration Number 5881 CRAIG U. PRICE
588
SURVEYING AND MAPPING, Inc. 6
1450 Empire Central, Suite 175
Dallas, Texas 75247
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