Resolution 2010-06 RESOLUTION NO. 2010-06(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY
PURCHASE OR CONDEMNATION, CERTAIN PROPERTY FOR THE
FOR THE CONSTRUCTION OF AND/OR IMPROVEMENTS TO THE
NORTEX PUMP STATION; GIVING NOTICE OF AN OFFICIAL
DETERMINATION TO ACQUIRE PROPERTY FOR THE NORTEX
PUMP STATION; AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR
ACQUIRING THE PROPERTY, BY PURCHASE OR
CONDEMNATION; APPROPRIATING FUNDS; MAKING OFFERS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated
and determined that there is a public necessity for, and the public welfare and convenience will be
served by, the acquisition, of property on each of the parcels described in Exhibit A attached
hereto and made a part of this Resolution for all purposes (the "Property"), and it is the City of
Wylie, Texas' ("Wylie") intent to acquire, by purchase or condemnation, the necessary property
for the purpose of, among other things, the construction, access, repair and maintenance of public
facilities, specifically, the property for the construction of and/or improvements to the Nortex
Pump Station (hereinafter referred to as the "Project") for the purposes of, among other things, a
water storage tank.
WHEREAS, it is necessary to establish procedures for determining the establishment
and approval of just compensation for the property to be acquired for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findin s�Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Acquisition of Propertv. The City Council hereby officially determines
that there is a public necessity for, and the public welfare and convenience will be served by, the
acquisition of the Property, and it is Wylie's intent to acquire, by purchase or condemnation, the
Property described in Exhibit A attached hereto, for the Project.
SECTION 3: Authority of the Citv Mana�er. 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
Resolution No. 2010-06(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 1
509203-1
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 property. After consideration of said information, the City Manager shall
establish and approve the amount determined to be just compensation for acquisition of the
property.
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 Property, the City
Manager, or her designee, is authorized to send a written offer to the owner(s) of said Property,
along with a copy of the Landowner's Bill of Rights, for acquisition of said property 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 Authoritv to Execute Documents. The City Manager is hereby
authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or
condemnation, 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 property acquired in connection with this
Project, should they interfere with use and enjoyment of the property.
SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the property
for the construction of and/or improvements to the Nortex Pump Station, will be appropriated
from the Water Impact Fees.
SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire
the property 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 property for the Project.
SECTION 10 Effective Date This Resolution shall take effect immediately from and
after its passage.
Resolution No. 2010-06(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 26`" day of January, 2010.
Eric Hogue, y r
ATTESTED TO AND
CORRECTLY RECORDED BY: �F �T�„
`Y,t('
c
Caro e Ehrlich, Ci y Secretary
APPROVED AS TO FORM: �t��sdV
Abernathy, oeder, Boyd Joplin, P.C.
City Attorneys
Resolution No. 2010-06(R)
Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 3
509203-1
March 19, 2008
CITY OF WYLIE
FIELD NOTE DESCRIPTION
FOR
NORTEX PUMP STATION PROPERTY
WYLIE NURSERY GROUP, LP
BEING a parcel of land for the Nortex Pump Station Property and being over, under and across a tract of
land described as 51.347-acres situated in the E. C. Davidson Survey, Abstract No. 266, in Collin County,
Texas, conveyed to Wylie Nursery Group LP, by deeds now of record in Instruments 2d061728001065140,
20061728001065150 and 20061728001065160 of the Deed Records of Collin County, Texas, said parcel of
land being described as follows:
The bearings sited in this field note description are based on Texas State Plane Coardinates, NAD 83.
A Property Ptat of even date herewith accompanies this Field Note Description.
BEGINNING at 1/2-inch iron rod with a yellow cap marked "BHC" set at the southeast corner of a tract of
iand conveyed to the City of Wylie for the Nortex Pump Station out of said 51.347-acre Wylie Nursery
Group LP tract, by a deed now of record in Volume 2001, Page 34 of the Deed Records of Collin County,
Texas, said 1/2-inch iron rod being on an interior northeast corner of said Wylie Nursery Group LP tract and
on the west line of Phase 1 of the Westgate Subdivision now of record in Cabinet H, Drawer 774 of the Ptat
Records of Collin County, Texas, said 1/2-inch iron rod bears N 02 09' 09" E, a distance of 266.25 feet
from a 5/8-inch iron rod found at the southeast corner of said Wylie Nursery Group LP tract and in the west
line of said Phase 1 of the Westgate Subdivision of the Plat Records of Collin County, Texas, said 1/2-inch
iron rod also bears S 02 13' 34" W, a distance of 326.79 feet from a disturbed concrete monument found
near the northeast corner of said City of Wylie Nortex Pump Station tract and near the inEersection of the
east line of said Wylie Nursery Group LP tract and the southeast line of a permanent easement dedicated to
the North Texas Municipal Water District (60 feet wide) by a deed now of record in Volume 730, Page 446
of the Deed Records of Collin County, Texas;
THENCE S 02 09'09" W, along the east property line of said Wylie Nursery Group LP tract and the west
property line of Phase 1 of the Westgate Subdivision, a distance of 81.14 feet to a 1/2•inch iron
rod set for corner with a yellow cap marked "BHC";
THENCE N 87 50' S1" W, being parallel with the south property line of said City of Wylie Nortex Pump
Station tract and an interior north property line of said Wylie Nursery Group LP tract, a distance
of 162.28 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC";
THENCE N 02 09' 09" E, being parallel with the west property line of said City of Wylie Nortex Pump
Station tract and an interior east property line of said Wylie Nursery Group LP tract, a distance
of 348.10 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC", said 1/2-
inch iron rod being on the southeast line of said permanent North Texas Municipat Water
District easement;
THENCE N 71 57' 42" E, along the southeast line of said permanent North Texas Municipal Water
District easement, a distance of 33.56 feet to a point for corner being a 1/2-inch iron rod foand
at the northwest corner of said City of Wylie Nortex Pump Station tract and an interior
northwest corner of said Wylie Nursery Group LP tract;
THENCE S 02 09' 09" W, along the west property line of said City of Wylie Nortex Pump Station tract
and an interior east property line of said Wylie Nursery Group LP tract, a distance of 278.54 feet
to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC", said 1/2-inch iron rod
being on the southwest corner of said City of Wylie Nortex Pump Station tract and an interior
corner of said Wylie Nursery Group LP tract;
Page 1 of 2
j.�ckriu�wylie�2006121 nonn� �snfldd notes\wylimunery.doc
City of Wylie March 19, 2UU8
Nortex Pump Station Property
Field Note Description
THENCE S 87 50' S1" E, along the south property line of said City of Wylie Nortex Pump Station tract
and an interior north property line of said Wylie Nursery Group LP tract, a distance of 130.78
feet to the POINT OF BEGINNING, containing 0.4995-acres (21,759 s.f.), moce or less;
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