Resolution 90-01-23-90-06
RESOLUTION NO. 9t1-~~J-51t?-b
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, DETERMINING THE
NECESSITY OF ACQUIRING A PERMANENT
SANITARY SEWER UTILITY EASEMENT
CONTAINING 30,492 SQUARE FEET OR 0.7
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:
SECTION 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 30,492 sq. ft. or 0.7 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 $5,984.98 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
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by t, CitYo~~Of the
dB... day ~_ t7" 1990.
APPROV
City of
Wy lie,
ATTEST:
APPROVED AT TO FORM:
CITY ATTORNEY
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Parcel 15
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THE STATE OF TEXAS
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COUNTY OF COLLIN 5 _____ j" >1.,1 :;
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II_ (lL~d'~ ~ ~~,~ , ~;JI~~d" in consideration
of the sum o~/~~~.~~ Dollar(s) cash to me in hand paid by the
City of Wylie, exas, 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 A. Milliron Survey,
Abstract No. 563, across that certain 210.5 acre tract of land
deeded to Clarinda Mathews as recorded in Volume 270, Page 205,
Second 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 210.5 acre tract,
same being the east line of a 102 acre tract of land conveyed to
Clarinda Mathews in Volume 270, Page 205, First Tract, in the Deed
Records of Collin County, Texas, said point bears South 1030' East,
2,266 feet more or less from the northwest corner of said 210.5
acre tract;
THENCE South 49007'32 East, 663.4 feet to a point;
THENCE South 33037'02- East, 93 feet to a point;
THENCE South 9007'59M West, 10 feet more or less to a point in the
north right-of-way line of the St. Louis Southwestern Railroad,
said point being the end of this easement and containing 0.4 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 --:i!"7 ~?" of L-~ A.M, 19.::&!.
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ACKNOWLEDGEMENT
THE 'STATE OF TEXAS )
COUNTY OF D a 11 as)
BEFORE ME, a Notary Public in and for Dallas
County, Texa., on this day personally appeared Katherine Power
known 1:0.. to ~<the person whosel1ame is subscr1.b.d to the
foregoing l.n.~ru~ent,and aclqlo'fl.o,g~, ,t.o' m~, .th~~ " She
< .....~~e.cuted the ~M@L,:f9r,' ~1;l1.purP<>se and
cOJ1..~deratipn1:h.rOJ.n expr.e~8ed..,. . ..;.1..~.:';: :
GIVf:N lJ.NDER ~IWfD. ~DSEAL OF OF~~~J:.TH,l~ ,th'I.;.3'0th day of
January..... , 19 ,.~~tZ~d
~Q~ary P~'.1~CI-'" D all as County, Texas
ACKNOWLEDGEMENT
THE STATIOF TJ~S )
CO~YOF )
....' , ,
BJFORE KJ, a Notary public in and for
County, Texas; on this day personally appeared
known to me to be tpe person whose name is subscribed to the
foregoing instrument, and ackno~ledg.d to me that
"executed the same for the purpose and
eonsiderationther~~n.expre~sed.
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
/3. ~OA~ OF' C11!~7~iJ'
,
, ".
WYLIE, TEXAS, ,ON THIS THE
1990.
'Mayor
ATTEST:
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SEWER
IMPROVEMENTS
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::: ~y"'; NO. ~~TE~~~ISES : SAN ANTONIO SAVINGS ASSOC.
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ASST. NO. 193
B. C. WOOD
42.735 Ac.
VOL. 4fo18, PG. 131
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B. C. WOOD
D. STRICKLAND$URVEY ASST. NO.
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lHIS IS A DAAWIO C6 1Hf: DaD TO Q.AftlNDA "A1HEW5.
AS RECORDED IN YOL. 270. PO. 205, SECOHO TRACT,OF'
1IiE DUO ROXlRDS or COUlH COUN1'V, 'IlXAs. AND IS
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