Resolution 90-01-23-90-12
RESOLUT ION NO. 9t' ';-0(3 -It) -/2
~ ~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, DETERMINING THE
NECESSITY OF ACQUIRING A PERMANENT
SANITARY SEWER UTILITY EASEMENT
CONTAINING 5,560.0 SQUARE FEET OR 0.1276
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 5,560.0 sq. ft. or 0.1276 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 "Btt, both being made a
part hereof for al I 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 $498.00 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 of party claiming an interest in
said property is Jerry C. Caldwell, whose mailing
address is P.O. Box 462426, Garland, Texas 75046.
DULY RESOLVED
Texas, on the
~~
Ci ty ~g~).o/l~Of the
day o~' 1990.
City of
Wy lie,
ATTEST:
APPROVED AT TO FORM:
CITY ATTORNEY
3326
339
40628
CITY OF WYLIE
PERMANENT UTILITY EASEMENT
STATE OF TEXAS
COUNTY OF COLLIN
'_~ ",IS i
KNOW ALL MEN BY THESE PRESENT THAT Jerry C. 'C~/rdlh,ell,
hereafter termed GRANTOR, whether one or several, of the
County of Collin, State of Texas, for and in consideration
of two thousand five hundred dollars ($2,500.00) 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:
Ad 1('
'V(J --3
_~ .r,
hi'] 1/: 29
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, Collin County, Texas, and being
over, under and across a 7.417-acre tract of land conveyed
to Jerry C. Caldwel I as recorded in Volume 2195, Page 578 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
C. Caldwell
degrees 17
tract, said
297;
a point in the west property line of said Jerry
tract, said point being 902.0 feet South 0
minutes West, from the northwest corner of said
corner being in the centerline of County Road
THENCE North 87 degrees 15 minutes and 10 seconds East,
leaving the west property line of said tract, a distance of
225.0 feet to a point for a corner.
THENCE North 71 degrees 17
distance of 53.0 feet to the
tract and containing 0.1276
land, more or less.
seventeen minutes East, a
east property line of said
acres (5,560.0 square feet) of
Also temporary construction easements 30.00 feet in width,
being north and south of, paral leI 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,
1989.
this the
27~aY of ~
JP~~l~
A. D.,
33Z6
340
STATE OF ~AI~
COUNTY OF 'rj;}jYTJ
BEFORE ME, the undersigned authority, a Notary Public in and
fo~ said c~n~~an~ State, on this day personally appeared
\..JP~ e, at VL-) 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.
GIVEN unc;t~;&- my:! hand
) 'Y1t< f
day of ,,: /J .
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and sear~f office,
, 19ttL.
this the
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Texas
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