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Resolution 2008-18 ~ RESOLUTION NO. 2008-18 (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 MCCREARY ROAD; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES FOR RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE MCCREARY ROAD 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 ("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 right-of-way and/or related easements on each of the parcels of properties described in Exhibit "A", attached hereto and made a part of this Resolution for all purposes (the "PropertX"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire, by purchase or condemnation, the necessary right-of-way and/or easements on the Property 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 andlor improvements to McCreary Road (hereinafter referred to as the "Proiect") for the purposes of, among other things, paving and drainage improvements; and 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 CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Resolution No. 2008-18(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 1 509203-1 SECTION 2: Acquisition of Property. 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 Properties, 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 Cit~~. 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 Property 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 Property 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: Autharity 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 Property, 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 autharized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or condemnation, each of the parcels needed for the Project. Resolution No. 2008-18(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 2 509203-1 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 tl~e 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 McCreary Road will be appropriated from the Thoroughfare Impact Fee Fund. 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 27`h day of May, 2008. ~~\e`~~ecsii~ ra~i>r,~i ~ i`a` ~ ~ ''r~~r e~.' ~ a.~~ ; Eric Hoguea' ay . G~y ~ - ~ ' ~S ~r.,,'~ ~ - = _ ; ~ ; ' a, , ~ •~•...oo....~• ~ ATTESTED TO ANI~.,, ~"<1~ TEY~P~.~` CORREC LY REC ~H~B~`~' APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, oe r, Boyd & Joplin, P.C. Rebecca Brewer City Attorneys Resolution No. 2008-18(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 3 509203-1 7-ELEVEN-FA~! 544 ADDlT10N CA9. N PG. 9f9 ~ - - - - - - F.M. HIGHWAY 544 ~ POINT OF 0 5572 ACRESS N 8 9' S 9' 2 4" E ; BEGlNNING 4457, Pc. zr4s Z7.ZE~ ~ L.R.C.C.T. _ . , u ' ' ~8° fRFC rv o0 0~ o~ w_----? - ; _ _ . _ - . 20.00' ~ iC~vcRHE.4G ~Ot^/ER ~1NE ALONG f'RCrERT?' LiNE d= 1 ~~2~ ~~7~~ j i~ ~ R=878.OC1 ~ ~ ~ L=158. 64 ~ t C8=N05'1 ~'41 "W ~ ~ ~ ° C=158. 42 ` ~ ~ ~ ~ o 0 , ~ Gofled 11.176 ACRES ~ J~ Called 61.746 ACRES ° HELLEN PlCKARD ' ~ WDODGRIDGE NORTH C.C.C.F. No. 9 6-00 43 722 DEELOPMENT LLC . LR.C.C.T. ~ X~ 1 st. No. 20060405000442250 ~4 =10'22'15" o j~ o. P. R. c. c. r. - R= 790. 00 ` L=142. ~99 ~ ' "oo 0 CB=N05'11 07 W • C ; C- ~ 42. 80 ° o~ ~ ~ ~g ~ ~ ~ c~ > o ~ ~ n ~ j ~~p.~(~~G~ rF...~..,o a-~~ xl ~ d ~ ~ G~ ~ y ~f U ~ C~SI • JOHN VICAIN ` Q ~ 2s a m ~ a ~ ~ 4o9~~~P.,:~~ 4~~ ~ c~ ~ ~ ~9N ~aF~ss~~~~ 'a~ ° ~r tq0 ~ V O• SURV F 2 ~ ~ Q G ~ p T ~/~/7~L7~! rt " RIGHT-OF-WAY FOR MAXWELL CREEK ROAD a - 0.9079 ACRES U~ ~ H. MAXWELL SURVEY, ABSTRACT NO. 579 y:~ CITY OF MURPHY, COLLIN COUNTY, TEXAS ~ x Page 2 of 2 ~ c~a EXHIBIT ~r n f1 R1GHT-OF-WAY FOR MAXWELL CREEK ROAD 0.1079 A CRES H. MAXWELL SURVEY, ABSTRACT NO. 579 CITY OF MURPHY, COLL/N COUNTY, TEXAS BEING a tract of land out of the H. Maxwell Survey, Abstract Number 579, in the City of Murphy, Coliin County, Texas, and being a part of a called 11.176 acre tract of land described in deed to Hellen Pickard, recorded in County Clerk's File No. 96-0043722 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod found in the south right-of-way line of F.M. Highway 544 for southwesterly corner of the 0.0572 acre iract of land described in deed to State of Texas for F.M. Highway 544, recorded in Collin County Clerk File's No. 96-OOQ3722 of the Land Records of Collin County, Texas, same being the northerly common comer of the beforemntioned 11.176 acre traci of iand and the called 61.746 acre tract of land described in deed ta Woodbridge North Development, LLC, recorded under instrument No. 2006040500442250 of the Official Public Records of Coilin County, Texas. THENCE wilh ihe said common line of the 11.176 acre tract and 61.748 acre tract, 5outh 00°00'00" East, a distance of 319.99 feet to a 5/8-inch iron rod set with a plasiic cap stamped "KHA" for lhe beginning of a ~ non-tangent curve to the left; ~ THENCE leaving the said common lines, the following courses and distances to wit: o ~ --Northerly, with the said curve to the left, through a central angle of 10°22'15", having a radius oi 790.00 ~ feet and a chord bearing and distance of North OS°11'07" West, 142.80 feet, an arc distance of 142.99 feet to a ~ 5/8-inch iron rod set wilh a plastic cap stamped "KHA" for the beginning of a non-tangent curve to the right; --Northerly, with the said curve to the left, through a central angle of 90°21'07", having a radius of 878.D0 - feet and a chord bearing and distance of North 05°11'41" West, 158.42 feet, an arc distance of 158.64 feet to a ~ 5/8-inch iron rod set with a plastic cap stamped "KHA" for the end of said curve; = --North DO°01'07" East, a distance of 20.00 feet to a 5/8-inch iron rod set wiih a plastic cap stamped "KHA" a for corner in the south right-of-way line of F.M. Highway 544; ° THENCE with the said south right-of-way line, Norlh 89°59'24" East, a distance of 27.26 feet io the PO1NT OF BEGINNING and containing 0.1079 acres (4,701 square feet} of land, more or less. 3 ~ x Z < cn ; Bearing system based ~n the monuments found along the common line of the 11.176 acre iract of land described in deed to Hellen Pickard, recorded in County Clerk's File No. 96-0043722 of the Land Records of Collin County, ~ Y Texas and the called 61.746 acre tract of land described in deed to Woodbridge North Development, LLC, recorded under Instrument No. 2006040540442250 of the Official Public Records of Collin County, Texas using South 00°00'00" West. ~ o T ~ E OF ~c P~.•~G~STER~ Q F r-,:'~ Fo .s - =r 'D JONN VICAIN ~ j~ ' 4097 '..o ~ _ ~ ~ 9,~; •~FESS~~.••~G ~ SURV~ u" Page 1 of 2 ?C?