Resolution 90-01-23-90-04
RESOLUTION NO. fCJ-/~ ~-.JCJ-Y'
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, DETERMINING THE
NECESSITY OF ACQUIRING A PERMANENT
SANITARY SEWER UTILITY EASEMENT
CONTAINING 65,340 SQUARE FEET OR 1.5
ACRES OF LAND AND A 30.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT ON,
ABOVE AND IN LAND LOCATED WITHIN THE
CITY OF WYLIE, COLLIN COUNTY, TEXAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECT I ON 1.
SECTION 2.
SECTION 3.
SECTION 4.
That the City council of the City of Wylie, Texas,
hereby determines that a public necessity exists
that requires a permanent sanitary sewer utility
easement of 65,340 sq. ft. or 1.5 acres of land
more or less to be acquired along with a temporary
construction easement 30.00 feet in width being
north and south of, parallel with and immediately
adjacent to the hereinbefore referenced permanent
sanitary sewer utility easement located within the
City of Wylie, Collin County, Texas. That the
legal descriptions of the permanent sanitary sewer
utility easement and temporary construction
easements are attached hereto as Exhibit "A" and
shown on the plat also attached hereto as Exhibit
"B", both being made a part hereof for all
purposes.
That for the purpose of acquiring said permanent
sanitary sewer utility easement and temporary
construction easement, and believing that the sum
of money hereinafter set forth represents a fair
cash market value of said permanent sanitary sewer
easement and temporary construction easement and
full damages legally allowable by law, it is
hereby resolved that the City Manager is hereby
authorized and empowered to offer the property
owner the sum of $13,021.35 for the necessary
easements on, over and in such property.
In the event said offer is declined by the owner,
the City Manager is further authorized to make a
tender of said offer in person to the owner.
That the City Manager and the City Attorney are
authorized to comply with the statutes of the
State of Texas with reference to the necessary
legal prerequisites existing in or relating to the
exercise of eminent domain to acquire said
permanent sanitary sewer utility easement and
temporary construction easement.
SECTION 5.
That the owner of party claiming an interest in
said property is B.C. Wood Estate, c/o Ida Pearl
Scholz, Independent Executrix, whose mailing
address is P.O. Box 1042, Wylie, Texas 75098
DULY RESOLVED
Texas, on the
~ the
~
City Council of the City of
day o~. 1990.
APPRO
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MAYOR
ATTEST:
APPROVED AT TO FORM:
CITY ATTORNEY
PARCEL 18
THE STATE OF TEXAS S
S
COUNTY OF COLLIN S
I, Ida Pearl Scholz, Administrator/Executrix of the B.C. Wood
Estate (hereinafter referred to as "Grantor"), for and in
consideration of the sum of THIRTEEN THOUSAND TWENTY ONE
DOLLARS ($13,021.00), cash to me in hand, paid by the City of
Wylie, Texas (hereinafter referred to as "City"), and other_
valuable considerations, receipt of which is acknowledged, do
hereby give and grant to the City of Wylie, the right to
construct, reconstruct, and perpetually maintain one (1)
sanitary sewer line upon and across the following described
property:
BEING a 20 foot wide strip of land in the Duke Strickland
Survey, Abstract No. 841, and the I. Clifton Survey, Abstract
No. 193, across that certain 94.9 acre tract of land deeded to
B.C. Wood, as recorded in Volume 396, Page 182, of the Deed
Records of Collin County, Texas, and that certain 4 acre tract
of land deeded to B.C. Wood as recorded in Volume 407, Page 173
of the Deed Records of Collin County, Texas, and said 20 foot
wide strip of land being 10 feet each side of the following
described center line:
BEGINNING at a point in the north line of said 94.9 acre tract,
same being the south line of a tract of land conveyed to
Clarinda Mathews, as recorded in Volume 270, Page 205 of the
Deed Records of Collin County, Texas, said point bears
Westerly, 1,716 feet, more or less, from the most northern
corner of said 94.9 acre tract;
THENCE South 24-55'12" West, 208.3 feet to a point;
THENCE South 08-20'24" West, 281. 3 feet to a point;
THENCE South 32-52'37" East, 549 feet to a point;
- 780.4 feet
THENCE South 64 39'00" East, to a point;
THENCE South 41-06'17" East, 837.5 feet to a point;
THENCE South 01-19'37" East, 397.8 feet to a point;
-
THENCE South 45 23'35" East, 172 feet, more or less, to a point
in the apparent south property line of said 4 acre tract, said
point being the end of this easement and containing 1.5 acres
of land, more or less.
IN ADDITION to said 20 foot wide permanent easement, there
shall be a temporary 30 foot wide construction easement along
each side of said permanent easement, to expire immediately,
ipso facto, upon the completion of the construction of said
sanitary sewer line.
AS ADDITIONAL CONSIDERATION AND CONDITIONS to the granting and
conveying of this easement, the City does hereby further agree
to the following:
1) No soil shall be removed from Grantor's property.
2) All excess - soil that is not needed for the
construction of the sanitary sewer line shall be placed on
Grantor's property and reasonably leveled, said soil shall be
placed in the areas requested by Grantor.
0676X
<30
3)
sanitary
the City
removed
shall be
Upon completion of the initial construction of the
sewer line or after any repairs and maintenance work,
agrees to replace and replant any grass that is
or disturbed with the same type of grass and the area
fertilized.
4) All fence openings are to be maintained during
construction or maintenance in a manner that precludes cattle
from escaping through said openings.
5) No cement trucks shall be washed and/or dumped on
Grantor's property.
TO HAVE AND TO HOLD the same perpetually to the City of Wylie,
Texas, and its successors, together with the right and
privilege at any and all times to enter said premises, or any
part thereof for the purpose of constructing, reconstructing,
and maintaining the said sanitary sewer line, on the condition
that the City of Wylie, Texas, and its successors will at all
times, after doing any work in conn~ction with construction,
reconstruction, and repairing of said sanitary sewer line,
restore said premises to the condition in which same were found
before such work was undertaken and that in the use of said
rights and privileges herein granted, the said City of Wylie,
Texas, and its successors will not create a nuisance or do any
act that will be detrimental to said premises.
WITNESS MY HAND THIS the
day of
,
1990.
Ida Pearl Scholz, Administrator
(Executrix of B. C. Wood Estate)
STATE OF TEXAS S
S
COUNTY OF COLLIN S
Subscribed and acknowledged before
SCHOLZ, Administrator/Executrix of the B.C.
this day of , 1990.
me by IDA PEARL
Wood Es~ate, on
Notary Public, State of Texas
ACCEPTED FOR THE CITY OF WYLIE ON THIS THE
DAY OF
, 1990.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
-2-
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SEWER
IMPROVEMENTS
I. CLlrTON ABSTRACT NO. 193
\
\ M MILLIRON SURVEY, ASST. NO. 563
B. C. WOOD \ .
4 Ac. \
VOL. 418, PG. 131 \
P.O.B~
R.D. " W. L.
HOUSEWRIGHT
1718'
I. C. DAVIDSON
~BS~~~Y 266
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I CARLSON
CLARINDA MATHEWS
VOL. 270, PG. 205
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94.9 Ac.
DUKE STRICKLAND SURVEY
ASST. NO. 841
I. CLIFTON SURVEY
ASST. NO. 193
VOL. 396, PG, 182
5 84"39'00- E
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GAS EASEMENT
VOL. 1256, PG. 735 "
lE..PORARY
DRAINAGE
EASEUENT
8. C. WOOD
4 Ac.
VOL 407, PG. 17
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JACK HARVARD
50 Ac.
VOL. 2083, PG. 73
DUKE STRICKLAND
SURVEY
ASST. NO. 841
THIS 15 A DRAWING Of H DEEDS TO B.C. WOOD AS RECORDED IN vtiL
39E, PG. 182 AND VOL. 407. PG. 173 Of ntE DEED RECORDS Of
COlLIN COUNTY, TEXAS AND IS NOT. .. ANY WAY TO BE CONSlRUED
AS AN ACTUAl SUR~ WADE ON 1M[ GROUND.
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