Resolution 90-01-23-90-08
RESOLUT I ON NO. 9?J--- 1-,( -J-f)tJ-~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, DETERMINING THE
NECESSITY OF ACQUIRING A PERMANENT
SANITARY SEWER UTILITY EASEMENT
CONTAINING 6600.0 SQUARE FEET OR 0.1515
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 6600.0 sq. ft. or 0.1515 acres of land
more or less to be acquired along with a temporary
construction easement 30.00 feet in width being
north of, parallel with and immediately adjacent
to the hereinbefore referenced permanent sanitary
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 $1,590.00 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 owners of party claiming an interest in
said property are Melvin St. John & Harry F.
Tibbals, Jr. whose mailing address is P.O. Box
518, Wylie, Texas 75098.
DULY RESOLVED
Texas, on the
~~~
City ~~Of the
day o~' 1990.
City of
Wy lie,
APPROVED AT TO FORM:
CITY ATTORNEY
3255
060
19024
CITY OF WYLIE
PERMANENT UTILITY EASEMENT
API? I ~
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STATE OF TEXAS
COUNTY OF COLLIN
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TRACT 1
BEING a strip of land for permanent utility easement
generally 15.00 feet in width located in the E. C. Davidson
Survey, Abstract No. 267, Collin Collin County, Texas, and
being over, under and across a 54.59 acre tract of land
conveyed to Melvin K. St. John and H. F. Tibbals, Jr., as
recorded in Volume 1515, Page 1 of the Deed Records of
Collin County, Texas, centerline of said 15.00-foot wide
permanent utility easement being more particularly described
as follows:
BEGINNING at a point in the west property line of said
Melvin K. St. John and H. F. Tibbals, Jr. tract, said point
being 7.50 feet North 0 degrees 44 minutes West, from the
north right-of-way line of Alanis Lane as established by a
line of power poles;
THENCE North 88 degrees 30 minutes East, leaving the west
property line of said tract and being parallel with said
north right-of-way line, a total distance of 440.00 feet to
the east property line of said tract and containing 0.1515
acres (6600.0 square feet) of land, more or less.
Also temporary construction easements 30.00 feet in width,
being north and south of, parallel with, and immediately
adjacent to the above described permanent utility easement.
TRACT 2
BEING a strip of land for permanent utility easement
generally 15.00 feet in width located in the E. C. Davidson
Survey, Abstract No. 267, Collin Collin County, Texas, and
being over, under and across a 10.2-acre tract of land
conveyed to Melvin K. St. John and H. F. Tibbals, Jr., as
recorded in Volume 1637, Page 728 of the Deed Records of
Collin County, Texas, centerline of said 15.00-foot wide
permanent utility easement being more particularly described
as follows:
BEGINNING at a point in the west property line of said
Melvin K. St. John and H. F. Tibbals, Jr. tract, said point
being 7.50 feet North 0 degrees 40 minutes West, from the
north right-of-way line of Alanis Lane as established by a
line of power poles;
3255
061
THENCE North 88 degrees 30 minutes East, leaving the west
property line of said tract and being parallel with said
north right-of-way line, a total distance of 370.00 feet,
and containing 0.1274 acres (5500.0 square feet) of land,
more or less.
Also a temporary construction easement 30.00 feet in width
being north of, parallel with and immediately adjacent to
the above described permanent utility easement.
(EASEMENT EXHIBIT ATTACHED)
TO HAVE AND TO HOLD the above described permanent easement,
together with all and singular the rights and hereditaments
thereunto in anywise belonging unto the said City of Wylie,
its successors and assigns;
and GRANTOR hereby binds himself, his successors, assigns,
and administrators to warrant and defend the rights and
title to said easements unto the said City of Wylie against
every person whomsoever lawful ly claiming or to claim the
same or any part thereof.
Witness my hand, this the
1990.
1~ day of
(~d,.
A. D.,
.~h7 .../:L.. (', ~.;:(
Melvin K. St. Joh
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>>!/U.(~
H. F. Tibbals, Jr.
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STATE OF Jydq..,./
COUNTY OF (!bl/~~
BEFORE ME, the undersigned authority, a Notary Public in and
for said County and State, on this day personally appeared
known to me to be the person
to the foregoing instrument and
executed the same in the capacity
whose name is subscribed
acknowledged to me that he
therein stated.
GIVEN unde~my hand and seal c9~ office,
day 0 f :t..LJ d /l t!0 , 1 9 ::!.1!.....
this the
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Notary Public in and for the State of Texas
3255
062
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and
for said County and State, on this day personally appeared
known to me to be the person
to the foregoing instrument and
executed the same in the capacity
whose name is subscribed
acknowledged to me that he
therein stated.
GIVEN under my hand and seal of office, this the
day of 19___
Notary Public in and for the State of Texas
ACCEPTE~~ THE CITY OJ?2tYLIE THIS the
---rJJOA ,19.
/3
day of
ATTESTED:
-3 -/3-9'0
Date
3255
063
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