Resolution 90-01-23-90-10
RESOLUTION NO. )It?~I~l-,~t~o
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, DETERMINING THE
NECESSITY OF ACQUIRING A PERMANENT
SANITARY SEWER UTILITY EASEMENT
CONTAINING 4,760.0 SQUARE FEET OR 0.1093
ACRES OF LAND; A 30.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT AND ALSO
A 20.00 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.
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 4,760.0 sq. ft. or 0.1093 acres of
land more or less to be acquired along with a
temporary construction easement 30.00 feet in
width being south of and another temporary
construction easement 20.00 feet in width being
north of, both of which are being 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.
SECTION 2.
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 $329.00 for the necessary
easements on, over and in such property.
SECTION 3.
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.
SECTION 4.
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
said property
mailing address
Texas 75040.
of party claiming an interest in
is Worth Montyque Speed, whose
is 621 Glenview Circle, Garland,
DULY RESOLVED
Texas, on the
:V~/
CitYD;~Of the
day ~ ~,1990.
APPRO
City of
Wy lie,
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MAYOR
ATTEST:
APPROVED AT TO FORM:
CITY ATTORNEY
3255
153
19044
CITY OF WYLIE
PERMANENT UTILITY EASEMENTAPR 13
3",'
Lt.?
STATE OF TEXAS
COUNTY OF COLLIN
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KNOW ALL MEN BY THESE PRESENT THAT Worth Montyq0eSpeed,
hereafter termed GRANTOR, whether one or several, of the
County of Collin, State of Texas, for and in consideration
of three hundred twenty-nine dollars ($329.00) and other
good and valuable consideration to GRANTOR in hand paid by
the City of Wylie, the receipt and sufficiency of which is
hereby acknowledged and confessed, have GRANTED and
CONVEYED, and do by these presents GRANT and CONVEY unto the
City of Wylie the following described tracts or parcels of
land situated in Collin County, Texas, for use as permanent
utility easements upon/or in which water mains, sanitary
sewers, or storm sewers may be constructed and being more
particularly described as follows:
BEING a strip of land for permanent utility easement
generally 20.00 feet in width located in the H. J. Hardin
Survey, Abstract No. 438 and the I. Clifton Survey, Abstract
No. 193, Collin County, Texas, and being over, under and
across a 10.0198-acre tract of land conveyed to Worth
Montyque Speed as recorded in Volume 1383, Page 170 of the
Deed Records of Collin County, Texas, centerline of said
20.00-foot wide permanent utility easement being more
particularly described as follows:
BEGINNING at a point in the east property line of said Worth
Montyque Speed tract, said point being 34.0 feet South 2
degrees 02 minutes East from the northwest corner of said
tract, said corner being in the centerline of County Road
297;
THENCE South 87 degrees 37 minutes and 10 seconds West,
leaving the east property line of said tract, a distance of
201.0 feet to a point for a corner;
THENCE North 7 degrees 52 minutes and 16 seconds West, a
distance of 37.0 feet to the north property line of said
tract and containing 0.1093 acres (4,760.0 square feet) of
land, more or less.
Also a temporary construction easement 30.00 feet in width
being south of and another temporary construction easement
20.00 feet in width being north of, both of which being
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 lawfully claiming or to claim the
same or any part thereof.
Witness my hand, this the
1989.
day of ~drv{~/
A. D. ,
3255
154
STATE OF ~~
COUNTY OF ~II/ .",
BEFORE ME, the undersigned authority, a Notary Public in and
fP1 S~d County and State, on this day personally appeared
W s.r M.~ known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same in the capacity
therein stated.
and seal of office, this the
, 19 q7 .
/Lj-/;(/
r.
( d14:U l~JJ~ Yak
Notary Public in and for the State of Texas
~~~ THE CITY1~~:LIE THIS the
/3
day of
Chuck Trimble, Mayor
ATTESTED:
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3255
155
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