Resolution 2002-14
CITY OF WYLIE, TEXAS
RESOLUTION NO. ~ -( I{ f!)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR
CONDEMNATION, CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL
DETERMINATION TO ACQUIRE PROPERTY FOR THE RUSH CREEK FORCE MAIN;
ESTABLISHING PROCEDURES FOR THE ACQUISITION, BY PURCHASE OR
CONDEMNATION, OF PROPERTY.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), hereby officially detennines
that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by
purchase or condemnation, of the property described in Exhibit "A" and it is the City of Wylie, Texas' ("Wylie")
intention to acquire, by purchase or condemnation, the real property as set out and described in Exhibit "A" attached
hereto and made a part of this resolution offor all purposes (the "Property") as part of the Rush Creek Force Main
Project of Wylie for the purposes of the construction ofa sanitary sewer force main.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1:
The City Council hereby officially detennines that there is a public necessity for, and the
public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the Property
described in Exhibit "A" and it is Wylie's intention to acquire, by purchase or condemnation, the Property as set out
and described in Exhibit "A" attached hereto and made a part of this resolution offor all purposes as part ofthe
Rush Creek Force Main Project of Wylie for the purposes of the construction ofa sanitary sewer force main.
SECTION 2:
The City Manager is hereby authorized to contract, on behalf of Wylie, with professional
appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to
time in connection with acquisition, by purchase or condemnation, of the Property for the Rush Creek Force Main
Project.
SECTION 3:
After consideration of said recommendation, the City Manager shall establish and
approve the amount determined to be just compensation for acquisition of the Property.
SECTION 4:
Upon establishment and approval by the City Manager of the amount of just
compensation for the acquisition, the City Manager is authorized to communicate a written offer to the owner of said
Property for acquisition of said Property at the full amount detennined and established to be just compensation
therefore, and to negotiate with said owner on behalf of Wylie.
SECTION 5:
That the City Manager be and is hereby authorized to execute all documents necessary to
acquire the Property needed for said project, on behalf of Wylie.
SECTION 6:
Should the City Manager be unable to acquire the Property by purchasing the same, the
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City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the
acquisition of the Property.
SECTION 7:
That this resolution shall take effect immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on
this ~ay of rD...cr~u ,2002.
ATTESTED TO AND
CORRECTLY RECORDED BY:
APPROVED AS TO FORM:
'-
ABERNATHY, ROEDER, BOYD
& JOPLIN, P.C.
RICHARD M. ABERNATHY
City Attorneys
DATE(S) OF PUBLICATION:
RESOLUTION - Page 2
Condemnation Resolution
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EXHIBIT "A"
LEGAL DESCRIPTION
30' SANITARY SEWER EASEMENT
Being 31,399 square feet or 0.7209 acre tract of land situated in the A. West Survey, Abstract No.
979, Collin County, Texas, and being the part of a tract of land described in the deed to Bozman Land
Partners, Ltd., a Texas limited partnership recorded in Volume 5085, Page 2320, Deed Records of
Collin County, Texas, and being more particularly described as follows:
BEGINNING at the southeast comer of said Bozman tract and, said point being in the west line of
Troy Road and being in the common line of said A. West Survey and the J. D. Shelby Survey,
Abstract 819, Collin County, Texas;
THENCE, N 89001'04" W, departing the east line of Troy Road and with the south line of said
Bozman tract, said A. West Survey and said J. D. ~elby Survey, a c;iistance of 1048.38 feet, said
point being the common south comer of said Bozman tract and a tract 'of land conveyed to Billy Ray
Burdine by deed recorded in Volume 825, Page 240, Deed Records of Collin County, Texas;
THENCE, N 00023'11" E, with the common line of said Bozman and Burdine tracts, a distance of
30.00 feet to a point for a comer;
HENCE, S 89001'04" E, a distance of 1044.88 feet to a point for a comer, said point being in the
3St line of Troy Road; .
THENCE, S 06015'10" E, with the east line of Troy Road, a distance of 30.25 feet to the point of
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BONTRAGER TRACT
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LEGAL DESCRIPTION
50' TEMPORARY CONSTRUCTION EASEMENT
Being 52,102 square feet or 01.1961 acre tract of land situated in the A. West Survey, Abstract No.
979, Collin County, Texas, and being the part of a tract of land described in the deed to Bozman Land
Partners, Ltd., a Texas limited partnership recorded Volume 5085, Page 2320, Deed Records of
Collin County, Texas, and being more particularly described as follows:
COMMENCING at the southeast comer of said Bozman tract and, said point being in the west line of
Troy Road and being in the common line of said A. West Survey and the J. D. Shelby Survey,
Abstract 819, Collin County, Texas, THENCE, N 06015'10" W, with the east line of Troy Road, a
distance of 30.23 feet to the point of Beginning;
"'(HENCE, N 89007'04" W, departing the east line of Troy Road, a distance of 1044.88 feet to a point
for a corner, said point being in the common line of said Bozman tract and a tract of land conveyed to
Billy Ray Burdine by deed recorded in Volume 825, Page 240, Deed Records of Collin County,
Texas;
THENCE, N 00023'11" E, with the common line of said Bozman and Burdine tracts, a distance of
50.00 feet to a point for a corner;
"HENCE, S 89007'04" E, a distance of 1039.86 feet to a point for a corner, said point being in the
ast line of Troy Road;
THENCE, S 01009'54" E, with the east line of Troy Road, a distance 9.01 feet to an angle point;
, THENCE, S 06015'10" E, with the east line of Troy Road, a distance 41.32 feet to the point of
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BONTRAGER TRACT
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