Resolution 90-01-23-90-05
RESOLUTION NO. ftJ"'/~3:?'t2~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, DETERMINING THE
NECESSITY OF ACQUIRING A PERMANENT
SANITARY SEWER UTILITY EASEMENT
CONTAINING 17,424 SQUARE FEET OR 0.4
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 17,424 sq. ft. or 0.4 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 $2,817.35 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 Ms. Clarinda Mathews whose
mailing address is c/o James R. Rodgers, 2700
First City Center, Dal las, Texas 75230.
DULY RESOLVED
Texas, on the
r:h ~:;
City Council of the City of
day o~ 1990.
APPRO
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ATTEST:
APPROVED AT TO FORM:
CITY ATTORNEY
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THE STATE OF TEXAS S . i
COUIITY OF COLLIN 5 'iV'~,,:') 'i, ,q"
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I/We y~' ~ h-..~ , for and ;~'\;onsideration
of the sum O~/2~A~: Joollar(s) cash to me in hand paid by the
City of Wylie, Texas, 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 a sanitary sewer upon and across the following described
property:
BEING a 20 foot wide strip of land in the Jno. Curtis Survey,
Abstract No. 196, across that certain 102 acre tract of land deeded
to Clarinda Mathews as recorded in Volume 270, Page 205, First
Tract, 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 centerline:
BEGINNING at a point in the west line of said 102 acre tract of
land, same being the east line of a 70 acre tract of land conveyed
to J.L. Brand, Jr., in Volume 757, Page 242 of the Deed Records of
Collin County, Texas, said point bears South, 1,448 feet, more or
less, from the northwest corner of said 102 acre tract;
THENCE South 40059'43" East, 90.5 feet to a point;
THENCE South 62038'40 East, 689.1 feet to a point;
THENCE South 47037'32" East, crossing F.M. 1378, 703.3 feet more
or less to a point in the east line of said 102 acre tract, said
point being the end of this easement and containing 0.75 acres of
land, more or less, of which 0.05 acres is contained in the right-
of-way of F.M. 1378, thus leaving a net area of 0.7 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 upon the completion of
the construction of said sanitary sewer.
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, on the condition that the City of Wylie,
Texas, and its successors will at all times, after doing any work
in connection with construction, reconstruction, and repairing of
said sanitary sewer, 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 remises.
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WITNESS MY HAND THIS the -.d:l.-J . day of{/f'~
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ACKNOWLEDGEMENT
THE STATE OF TEXAS )
COUNTY OF )
BEFORE ME, a Notary Public in and for Dallas
County, Texas, on this day personally appeared Katherine Power
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that She
executed the same for the purpose and
consideration therein expressed.
GIVEN UNDER MY HAND AND
January
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SEAL OF OFFICE THIS the
, 19 90 .
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Notary Public, Dallas ounty, Texas
30th
day of
ACKNOWLEDGEMENT
THE STATE OF TEXAS )
COUNTY OF )
BEFORE ME, a Notary Public in and for
County, Texas, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that
executed the same for the purpose and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS the
, 19
day of
Notary Public,
County, Texas
APPROVED AND ACCEPTED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, ON THIS THE ~~
1990.
DAY OF
Chuck Trimble, Mayor
ATTEST:
~'l:::~'
SEWER
IMPROVEMENTS
cY':l ·
oLOCA TlON: COLLIN COUNTY TEXAS
AC UISlnON: 0.7 Ac.
Y: ~6. CURTI A ST. NO. 196
C. A TTERSERRY SURVEY
~ ASST. NO. 22
I CBA ENTERPRISES
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M. D. McANALLY
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CLARINDA MATHEWS
102 Ac.
JNO. CURTIS SURVEY
ASST. NO. 196
VOL. 270 PG. 205
FIRST TRACT
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J. L. BRAND, JR. ~
70 Ac. lJ5
VOL. 757, PG. 242
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SURVEY
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SURVEY
AB$T. NO. 703
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CLARINDA MATHEWS
SECOND TRACT
210.5 Ac.
VOL. 270, PG. 205
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B. C. WOOD
VOL. 418, PG. 131
WILEY HOUSEWRIGHT
I. CLIFTON SURVEY,. ASST. NO. 193
II\. HUNTER ASSOCI A lES. INC.
I' ENGI=S~LANNERS/S=YORS
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OR"lIN I't: . SCAI.[:
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CAD ID: N'PItO\oIED I't:
1HIS IS A DRAlilIHG OF THE DEED TO
CLAItINDA WA'!HEWS, AS RECOROED IN
VOl.. 270. PAGE aos. FIRST lRACT. OF
THE DUD Rf.:CORDS OF COWH COUNTY.
1tXAS, AND IS NOT IN AHY WAY TO BE:
CClNS1'RUED AS AN AClUAL SURVEY
WADE ON lHE GROUND.
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089012
SHEET 1 CF 1