Resolution 2010-03 RESOLUTION NO. 2010-03(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO
ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN
PROPERTIES FOR THE RIGHT-OF-WAY AND/OR RELATED
EASEMENTS FOR THE CONSTRUCTION OF AND/OR
IMPROVEMENTS TO BROWN STREET WEST; GIVING NOTICE
OF AN OFFICIAL DETERMINATION TO ACQUIRE
PROPERTIES FOR RIGHT-OF-WAY AND/OR RELATED
EASEMENTS FOR THE BROWN STREET WEST PROJECT;
AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE
PROPERTIES, BY PURCHASE OR CONDEMNATION;
APPROPRIATING FUNDS; MAKING OFFERS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("Citv Council"), investigated
and determined that there is a public necessity for, and the public welfare and convenience will be
served by, the acquisition, of right-of-way and/or related easements on each of the parcels of
properties described in Exhibits A-B attached hereto and made a part of this Resolution for all
purposes (the "Properties"), and it is the City of Wylie, Texas' ("Wvlie") intent to acquire, by
purchase or condemnation, the necessary right-of-way and/or easements on the Properties for the
purpose of, among other things, the construction, access, repair and maintenance of public
facilities, specifically, the right-of-way and/or related easements for the construction of and/or
improvements to Brown Street West (hereinafter referred to as the "Project") for the purposes of,
among other things, paving and drainage improvements.
WHEREAS, it is necessary to establish procedures for determining the establishment
and approval of just compensation for the right-of-way to be acquired for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CI'CY OF WYLIE, TEXAS:
SECTION l: Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Acquisition of Property. The City Council hereby officially determines
tha�t there is a public necessity for, and the public welfare and convenience will be served by, the
acquisition of the Properties, and it is Wylie's intent to acquire, by purchase or condemnation,
the Properties described in Exhibits A-B attached hereto, for the Project.
Resolution No. 2010-03(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 1
509203-1
SECTION 3: Authority of the Citv Manager. The City Manager is hereby authorized to
contract, on behalf of the City Council, with professional appraisers for appraisal services and
with attorneys for preparation of title opinions needed by Wylie from time to time in connection
with acquiring the Properties for the Project. The City Council hereby ratifies any contracts
entered into, prior to the effective date of this Resolution, by the City Manager with professional
appraisers for appraisal services and with attorneys for preparation of title opinions needed for
the acquisition of the Properties made the subject of this Resolution.
SECTION 4: Determination of Just Compensation. The City Manager, or her designee,
is hereby authorized and directed to examine and rely on the independent appraisal reports, and
other information, in establishing and approving the fair market value offer and the just
compensation for said right-of-way and/or easements. After consideration of said information,
the City Manager shall establish and approve the amount determined to be just compensation for
acquisition of the right-of-way and/or easements.
SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City
Manager of the amount of just compensation for the acquisition of the Properties, the City
Manager, or her designee, is authorized to send a written offer to the owner(s) of said Properties,
along with a copy of the Landowner's Bill of Rights, for acquisition of said right-of-way and/or
easements at the full amount determined and established to be just compensation for each parcel,
and to negotiate with said owner(s) on behalf of Wylie.
SECTION 6: Authority to Execute Documents. The City Manager is hereby
authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or
con.demnation, each of the parcels needed for the Project.
SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell
such surplus improvements, if any, located on the right-of-way acquired in connection with this
Project, should they interfere with use and enjoyment of the right-of-way.
SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the right-of-
way and/or easements for the construction of and/or improvements to Brown Street West, will be
appropriated from the 2006 General Obligation Bonds.
SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire
the right-of-way and/or easements by purchasing same, the City Manager is authorized to
instruct the law firm of Abernathy, Roeder, Boyd Joplin P.C. to commence condemnation
proceedings for the acquisition of the right-of-way and/or easements for the Project.
SECTION 10: Effective Date. This Resolution shall take effect immediately from and
after its passage.
Resolution No. 2010-03(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 2
509203-1
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on
this 12th day of January, 2010.
'1
Eric Hogue, Ma r
�F r ��ll
ATTESTED TO AND
CORRECTLY RECORDED BY:
Carole Ehrlich i ecretary �o�
•1887•
'r•n eE'�''
APPROVED AS TO FORM:
Abernathy, R der, B d Joplin, P.
City Attorneys
Date of publication in The Wvlie News Januarv 20, 2010
Re�olution No. 2010-03(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 3
509203-1
EXHIBIT'A'
Fcbtuary 1 t}, 2t?09
CITY OF WYLIE
FIELD NOTE DESCRIPTION
F�R
WEST BR�WN STREET RIGKT-OF-WAY
WYLIE POINT, L.P.
BEING a 10-foot wide parcel of land for Ehe right-of-way for West Brown 5treat and being over, uadec
and acrvss a iract of €and described as a 0.98(3()-acre L.at t, 131ock A of the Zlan Corner Addition to the
CiEy of Wylie as recorded in 20Q5-1032201 of the Ylat Records of Ccsitin County, Texas, situaied in ihe
C. AtEerbury Survey, Abstract No. 22, in Coliin Cout�ty, Texas, and conveyed tu Wylie PoinE L.P., by a
deed now of record in Volume SR93, Page 477 of the lleai Records of Collin County, 'fexas, said parcel
of Iand far rigtfi-of-way being described as foliows:
BEGINNING at a point f'or corner being the mosE snutherly suuthwesE corner of said Lot 1, I31ock A of
Ehe "L1an Corner Addition {Wylie �'�int �,.P.), also being the soulheasi end of an existing right-0f-w�y
corner clip between !hc north ri�ht-af-way tine of West Brawn Street (vsuiable width} (formerly FM
:3412} and the east right�f-way tinc of Country C:lub Road (variablc width} (formerly FM 137$), said
paint for eomer i�ing N 44 4Q' 33" W, a distanee of 0.04 feet fmm a 1 J2-i��ch iron rod found;
'THENC� N 44 4U' 34" W, alung the west property linc of said Lat 1, I31ock A c�F thc 'Llan Corner
Addition {Wy1ie Point L.P.) tract and said existing ri�t-af=way cvmer clip, a distance of
14.44 fcet ia a 112-inch iron rod sct for comer witti a yellow cap markcd "BHC"', said point
being an the new north ri�ht�f-way linc of West Brown Street;
TIIENCE S 88 30' 26" L, being at aii times parxilc;t with enJ 10 feet perpendicularly distant from thc
south property line of said Lot 1, Block A of the 21an Corner Addition (Wylie Pauit L.P.)
acui the existing north rigE�t-of-way tine of West Brown Streef, a distance of 215.4Q fcct to a
1l2-inch iron rod set f.or eQmer with a yetlow cap marked "L�HC", said point being in thc: c;ast
prnperty line of said Loi t, 81cek A c►f the Ziun C�mer AddiEiQn (Wylie Paint L.P.) and in
the west �mperty line of a tract of lar►ci being Lot 4, Bla:k A Uf said Zlan Comer Addition
aud conveye�ci to Zlan Te.chnalagies, I.td. hy a dced now of rec�rd in Collin County C:lerk's
Fite No. 940029I6fl of the I?eed Racords ofC.ollin CaurEly, Texas;
THENCE S 00 43' (1d" G, along the west properly linc of said T.ot 1 131ock A of the 7_,lan t'.orncr
Addition (Wylie Point I,.P.) and the east prvperl.y line of said Lot 4, B►cx:k A of the 7.lan
Cornc.�r Ad�iEion {Zlan Technologies, Ltd.), a distance of 10.01 feet to a pvint for corner
being the southeast corner of said Lot 1, Btock A af the Zlan Corner Addition {Wylic Painl
t,.P.) and ihe southwest comer of said Lot 4, Block A of the Zlun Corner Addition (Zlan
Technologies, Ltd.} tract, said point also being an the existing north righl-of-way fine of
West Brown Street;
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City of Wylie February 10, 2009
West Brown Strcct
Right-0f-Way Ficld Note Description
THEI�TCE N 88 30' 26" YJ, along the south property line of said Wylie P�int L.P. traat and the said
existing north right-of-way line of West Brown Strc�t as described in 'fexas Transportation
Minute Ordcr No. 111608 conveying the right-of-way for PM 3412 from FM 1378 to Baltazd
Avenue to thc Ci�y of Wylie, a di�tance of 2U5.37 fect to the POIN7� OF BEGINNTNG, and
containing 0.0483-acres, more or l�s;
The bearings sited in this ficld notc description are based nn 1'exas State Plane Coordinates, NAD 83.
A Right-of-Way Plat of even ciale hcrewith accompanies this Field Note Description.
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EXHIBIT'B'
I'ebniary 10, 2009
C[TY OF WYLC�
FIELD NOTE DE.SCRIPTiON
FQR
WEST BR4WN STREET RIGHT-OF-WAY
ZLAN TECHNOL�GIES, GTD.
BEING a 10-foot wide parcel �f fand foc !he right-c►f-way for 1�V�,-sl Iimwn Street and being over, under
and across a iraet c�f land d�ycribed a 5_8730-acre Lot 4 of Alcx:k A of the Zlan Conier Addiiion lo rhe
C:ity of Wylic as rer,czrdcd in 2(i05-1032201 of the Plat Racords of CaI[in Caunty, Texas, situatcd in the
C'. Aticrbury Survey, Abstracl No. 22, in Collin County, Texas, and convcyod to Zlan Technolczgies Ltd.,
by a deed now of record in Collin Cuunty Clcrk's Filc No. 94-Qb29t6� uf thc Deed Recnrds of Coilin
Gounty, Texas, said parcel of [and for righl-cyf-way bcing described as follows:
BEG�TIVI�IG at a point fvr carner b�. the southwesi corner of said l,ot 4, dloc:k A of tl�e Zlan Corner
Addition (Z.tan Techno[vgies, Ltd.) and the southeast corncr of Lot l, D}ock A of the Zlan Gomer
Addition as convc-ycci to Wylie Poini L.P. by a deed naw of recard in Volume 59g3, Page 977 of t.he
Decad Rccords af Collin County, Texas, also being on the existing north right-of way line oi� W�st Brown
Streefi (formerly rM 3412), said point beazs S 88" 3Q' 26" E a distance of 205.37 feet fro��� �he sou�hwest
wrner of said Lot 1, I31ock A of the Zlan Corner Addition (WyEie Point L.P.} and ssiid southwest corncr
beais N 44 40' 33" W, a distance of O.U4 feet from a 1/2-inch iron rod;
THENC� N 00 43'00" W, along the w�t property line of said i.,ot 4, Block A uf the Zlan Corner
Addition (Zlan Technotogies, i.td.) and the east property line of said Lot 1, B1oek A of the
"Llan Corner Addition {Wylie Yoint [,.t'.), a distance of iU.UI feet to a 1/2-inch iron rod set
for ccx�r►er with a ycliow cap ma�keci "BHC", said �ini bcing on the s�ew north right-of-way
(ine �f W�t Brt�wn Sircct;
'.['H�NCE S$8 30' 26" E, being at all times parallel with and 10 feet perpendicularly distatit from tlie
south prop�;rty Iine of said Lot 4, Block A tract xnei the existing north right-uf-way Fine of
W�t Brown Street, a distance of 554.82 feet to a ll2-inch iron rod set for wrni:r with a
yellow cap rnarked "DHC", said point being in ihe east property line of said Lot 4, Bluck A
of the Zlan Corner Addition (Zlan 't'echnologies, Ltd.) tract and said point being in the west
property line of a tract of land canveyed to Bimungham I.aixl, LEd. by a deed naw of record
in Coilin County Clerk's File No. 44-0(12�X�75 of the lleect Kecords of Collin County, Texas;
"I'HENCE 5 00 39' t)1" E, along Ehe wcst property line of said Bfix;k 4, Lot A of the Zlan Corner
Addition (7..ian Tcchnologics, Ltd.j and t�ie e.�tst pr�perty line af said Birmingham I.a�xi, Ltd.
traci, a distance of 10.41 feet to a point for corner 6cing the sc�utheast comcr of said Block 4,
Lot A of the 71an Con�er Additicsn (7.lan Tc-chno[ogics, Ltd) and the �c�uthwcst corner of
said Birmingham Land, Ltd. tract, said point also bcing un the existing nc�rth ri�ht-of-way
linc cit' Vl%e,i I3rown Strcct;
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City of Wylie Fcbruary 10, 200y
West Brown Strcet
Itight-of-Way Fietd Noie Dcscription
T'HENCF.. N&8 30' 2b" W, aiong the ��uth property line of said Block 4, Lot A af the Zlan Corner
Addition and the existing na�ih right-�f-way line of Wcst Bmwn Strcet as described in Texas
Transportalion Minute Qrder No. I l l 6t18 convcying the ri�t-af-way for FM 3A 12 from FM
13�8 lo Ballazd Avenue to the City af Wy1ie, a distance of 554.80 feet to the NOIN7' Ot�
BEGIN[�TING, and containing 0.1274-acres, mcxe ar less;
The bearings sited in this field note description are based on Texas Ststte PEanc Coordinates, NAD 83_
A Rit;ht-of=Way Plat of even date herewith accompanies this Field Note Desc 7
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