Resolution 90-01-23-90-13
RESOLUTION NO. ./tJ--:/~j-.9?J-/3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, DETERMINING THE
NECESSITY OF ACQUIRING A PERMANENT
SANITARY SEWER UTILITY EASEMENT
CONTAINING 8,640.0 SQUARE FEET OR 0.1983
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:
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 8,640.0 sq. ft. or 0.1983 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 $387.00 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 Ronald Franklin Miller, whose
mailing address is 334 Hensley Lane, Wylie, Texas
75098.
DULY RESOLVED
Texas, on the
~3~
City );~Of the
day ~._._~' 1990.
APPROVE
City of
Wy 1 ie,
ATTEST:
APPROVED AT TO FORM:
CITY ATTORNEY
3326
352
40631
CITY OF WYL I E AUG -3
PERMANENT UTILITY EASEMENT
II: 2.9
STATE OF TEXAS
COUNTY OF COLLIN
J
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--_____ n: "
, .> / j Or'
KNOW ALL MEN BY THESE PRESENT THAT Ronald Franklin Miller,
hereafter termed GRANTOR, whether one or several, of the
County of Collin, State of Texas, for and in consideration
of ten dollars ($10.00) 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 fol lows:
'.)
BEING a strip of land for permanent utility easement
generally 20.00 feet in width located in the I. Cl if ton
Survey, Abstract No. 193, Collin County, Texas, and being
over, under and across a 10.6606-acre tract of land conveyed
to Ronald Franklin Miller as recorded in Volume 1383, Page
136 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
Ronald Franklin Miller tract, said point being 35.00 feet
South 2 degrees and 02 minutes East from the northeast
corner of said tract, said corner being in the centerline of
County Road 297;
THENCE North
leaving the
432.0 feet
containing
or less.
87 degrees 37 minutes and 10 seconds West,
east property line of said tract, a distance of
to the west property line of said tract and
0.1983 acres (8,640.0 square feet) of land, more
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,
199D.
this the
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Rdnald Frankl in Mi ller
A. D.,
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STATE OF
COUNTY OF
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BEFORE ME, the undersigned authority, a Notary Public in and
fO~ ~.Joyntx ~n~ State, on this day personally appeared
c{-.J;, ~ 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 )?~ office,
, 19~.
this the
oir2d
Notary
{JC&V/k/~- ~/7
Public in and for the State of
Texas
AC;;~~DJ; THE
CITY OF9WYLIE THIS the
, 19 V.
/ct<.
day of
CITY OF WYLIE
~a~-~
, Mayor
ATTESTED:
t ''/;z - 9tJ
Date