Resolution 90-01-23-90-11
RESOLUT ION NO. 9tJ ~/nt J-!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 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:
SECT I ON 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 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.
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 $1,470.90 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 owners of party claiming an interest in
said property are J.L. Brand, Jr. & Dorothy S.
Green whose mailing address is 7407 Baxtershire,
Dallas, Texas 75230.
DULY RESOLVED
Texas, on the
b}': t~
::ll..-t
City 1~~Of the
day o~.. ~' 1990.
APP
City of
Wy lie,
APPROVED AT TO FORM:
CITY ATTORNEY
Parcel 13
THE STATE OF TEXAS S
COUNTY OF COLLIN S
I/We J .L. BJUND Jr. , for and in consideration
of the sum of $2,7,0.00 Dollar(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 des~ribed
property: .
BEING a 20 foot wide strip of land in the Moses Sparks Survey,
Abstract No. 849, and the G.W. Gunnell Survey, Abstract No. 351,
across that certain 70 acre tract of land deeded to J.L. Brand,
Jr., as recorded in Volume 757, Page 242, 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 north line of said 70 acre tract, same
being the south line of Lake Ranch, an addition to the City of
Wylie as recorded in the Deed Records of Collin County, Texas, said
point bears Westerly, along the north line of said 70 acre tract
and the north line of a 102 acre tract of land conveyed to Clarinda
Mathews in Volume 270, Page 205, First Tract of the Deed Records
of Collin County, Texas, passing at 1192 feet, more or less, the
common property line of said 70 acre and 102 acre tracts, in all
1,712 feet more or less from the northeast corner of said 102 acre
tract;
THENCE South 1044' West, 18.4 feet to a point;
THENCE South 5041'20. East, 498.3 feet to a point;
THENCE South 1013'51- East, 252.3 feet to a point;
THENCE South 26056'23. East, 420.6 feet to a point;
THENCE South 40059'43" East, 419.7 feet more or less to a point in
the east line of said 70 acre tract, same being the west line of
said 102 acre tract, said point being the end of this easement and
containing 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 the north
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 premises.
WITNESS MY HAND THIS the 19 ~-# 19~.
cfl1
ACKNOWLEDGEMENT
THE STATE OF TEXAS )
COUNTY OF )
BEFORE ME, a Notary Public in and for ~Jr~r-~
euwaq, Texas, on this day personally appeared .:::r LL... t~,R A;PI> ~1f
known tome to be the person whose name is 'subss::ribed to the '
foregoing instrument, and acknowledged to me that ti~
Tl , 1>.~ A-J..lD.:r-R . executed the same for the purpose and
' consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS the ~~ day of
M~RGJ-l ~ ~~. ~
No ary Public, S1A iE 6ol:1nty, Texas
.4 Jz-O // H U R S6i:.
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
:If'
LAKE RANCH
P.O.B.
M:STERL Y
MUDDY CREEK RESERVOIR
SOIL CONSERVA nON DISTRICT -----
POOL AND SPILLWAY ESMT.
VOL. 488, PG. J46
VOL 5J8, PG. J08
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J. L. BRAND, JR.
70 Ac.
MOSES SPARKS SURVEY
ABST. NO. 849
G. W. GUNNELL SURVEY
ABST. NO. 351
VOL. 757 PG. 242
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1295.58'
J. L. BRAND JR.
VOL. 1376 PG. 94
20'
S <40'59'-438 E
419.7'
M. D. McANALLY
VOL. 1025, PG. 464
YIES1ERl. Y 1712'
S "44' W 18.4'
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S 5'41'208 E
498.3'
S "3'518 E
252.3'
S 26'56'238 E
420.8'
THIS IS A DRA'MNG OF A PORTION OF THE DEED TO .I. L BRAND. .I.R.
AS RECORDED IN VOl.Ut.fE 757, PAGE 242 OF lHE DEED RECORDS OF
COLUN COUNTY, TEXAS AND IS NOT, IN ANY WAY TO BE CONSTRUED
AS AN ACTUAL SURVEY MADE ON THE GROUND.
SEWER
IMPROVEMENTS
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VOL. 270, PG. 205
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