Resolution 2021-33 ' RESOLUTION NO.2021-33(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTY
FOR PUBLIC USE BY EMINENT DOMAIN FOR RIGHTS-OF-WAY (IN FEE
SIMPLE), RELATED IMPROVEMENTS FOR THE CONSTRUCTION,
EXPANSION,ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT
OF PUBLIC ROAD COMMONLY REFERRED TO AS EUBANKS LANE
(FROM HWY 78 TO APPROXIMATELY 1,000 FEET NORTH OF
CENTENNIAL DRIVE); GIVING NOTICE OF AN OFFICIAL
DETERMINATION OF PUBLIC NECESSITY TO ACQUIRE CERTAIN
PROPERTY FOR PUBLIC USE BY EMINENT DOMAIN FOR SUCH RIGHTS-
OF-WAY (IN FEE SIMPLE), AND RELATED IMPROVEMENTS FOR THE
CONSTRUCTION,EXPANSION, ACCESS, REPAIR, MAINTENANCE AND
REPLACEMENT OF EUBANKS LANE (FROM HWY 78 TO
APPROXIMATELY 1,000 FEET NORTH OF CENTENNIAL DRIVE);
AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO
ESTABLISH PROCEDURES FOR ACQUIRING THE RIGHTS-OF-WAY(IN FEE
SIMPLE), AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION,
EXPANSION,ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT
OF EUBANKS LANE (FROM HWY 78 TO APPROXIMATELY 1,000 FEET
NORTH OF CENTENNIAL DRIVE), OFFERING TO ACQUIRE SAID
PROPERTY RIGHT,VOLUNTARILY,FROM THE LANDOWNERS THROUGH
THE MAKING OF BONA FIDE OFFERS INCLUDING MAKING INITIAL AND
FINAL OFFERS; AUTHORIZING THE CITY ATTORNEY TO FILE
PROCEEDINGS IN EMINENT DOMAIN TO CONDEMN THE NEEDED
REAL PROPERTY FOR PUBLIC USE, IF NEEDED; APPROPRIATING
FUNDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and
determined that there is a public necessity for the health, safety, and welfare of the City of Wylie, Texas
("Wylie")and the public at large to acquire,by eminent domain,if necessary,certain parcels ofreal property
for rights-of-way (in fee simple) and related improvements (collectively, "ROW") on the real property
described and depicted in Exhibit A, attached hereto and incorporated herein for all purposes(collectively,
the"Property"); and
WHEREAS, it is the intent of Wylie to acquire the necessary the Property for the purpose of the
construction, expansion, access, repair, maintenance and replacement of and/or improvements to public
facilities to Eubanks Lane (from Hwy 78 to approximately 1,000 feet north of Centennial Drive)
(collectively,the"Proiect"); and
WHEREAS,the City Council finds that the descriptions of the Property to be acquired by eminent
domain for the Project, which are attached hereto in Exhibit A, comply with Chapter 2206 of the Texas
Government Code, as amended ("Chapter 2206 ), in that the same provides the owner of the Property
reasonable notice that the owner's Property may be subject to condemnation proceedings during the
planning or construction of the Project; and
' WHEREAS, the City Council has further investigated and determined that the Project is a public
use and is a public necessity for the health,safety, and welfare of Wylie; and
Resolution No.2021-33(R)Acquire Property Pagel of 8
3523571
WHEREAS,it is necessary to establish procedures for determining the establishment and approval '
of just compensation for Property to be acquired by eminent domain for the Project;and
WHEREAS,there may be improvements located on some of the Property acquired for the Project
and such improvements may be required to be moved prior to the beginning of the Project; and
WHEREAS, the City Manager, or his designee ("City Manager'), is required to make bona fide
offers, as defined by and in compliance with the Texas Property Code ("Bona Fide Offer") to acquire the
Property for public use, voluntarily, from the subject landowner before moving forward with acquisition
by eminent domain; and
WHEREAS, the City Council has investigated and determined that the passage of this Resolution
complies with Chapter 2206 and other applicable laws.
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.
SECTION 2: Acquisition of Property. The City Council hereby determines that there is a public
necessity for,and the public welfare and convenience will be served by,the acquisition,by eminent domain
of the Property, and it is Wylie's intent to acquire the Property for public use as more generally depicted
on each Exhibit A, attached hereto, specifically for the purpose of, among other things, the construction,
expansion,access,repair,maintenance and replacement of and/or improvements of the Project.
SECTION 3: Authority of City Manager/Bona Fide Offer. 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 the
acquisition of the Property for the purpose of, among other things, the construction, access, repair,
maintenance and replacement of and/or improvements to 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. To this end,the City Manager shall first make Bona Fide Offers to acquire the
Property from the subject landowner voluntarily. Should one or more of the landowners fail to respond
and/or voluntarily in respond to said Bona Fide Offers that results in Wylie acquiring the Property,the City
Manager is authorized to move forward with acquiring the Property by eminent domain.
SECTION 4: Determination of Just Compensation. The City Manager is hereby authorized and
directed to examine and rely on the independent appraisal reports and other information to make a
determination as to the establishment and approval of a fair market value offer and the just compensation
for the Property for the purpose of making the Bona Fide Offers. After such consideration, the City
Manager shall establish and approve the amount determined to be just compensation for acquisition the
Property and shall have the authority to execute any and all documents necessary to complete the acquisition
of same.
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 is
authorized to send a written Bona Fide Offer to the each landowner to acquire the Property at the full '
amount determined and established to bejust compensation therefore,and to negotiate with each landowner
on behalf of Wylie to acquire the Property voluntarily.
Resolution No.2021-33(R)Acquire Property Page 2 of 8
3523571
' SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized to
execute all documents necessary to acquire the Property needed for the Project,on behalf of Wylie,whether
by purchase or eminent domain. The City Council hereby ratifies any documents executed, prior to the
effective date of this Resolution, by the City Manager or his designee which were necessary for the
acquisition of the Property 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 the Project, should they
interfere with the intended use and enjoyment of the Property.
SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to acquire the
Property voluntarily from the landowner,through the makipg of the Bona Fide Offers,the City Manager is
authorized to direct the law firm of Abernathy,Roeder,Boyd&Hullett,P.C.,to commence eminent domain
proceedings for the acquisition of the Property for the Project.
SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the Property for the
Project will be appropriated from any lawful source.
SECTION 10: Savings/Repealine. All provisions of any resolution in conflict with this
Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting
resolutions shall remain in full force and effect.
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this
Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
' provided that any and all remaining portions of this Resolution shall remain in full force and effect. The
City Council hereby declares that it would have passed this Resolution,and each section,subsection,clause
or phrase thereof irrespective of the fact that any one or more sections,subsections,sentences,clauses, and
phrases be declared unconstitutional or invalid.
SECTION 12: 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 12th day of October,2021.
D.�
Matthew Porter, Mayor
ATTEST:
TT ^ n,, (
Stephanie Storm,City Secretary
�F
Dates of Publi of c`tdbe 20 lrl:The l y'! Neivs
f,�1lF.APE Fgq�O q
gp{iSP LLWgY
1 005
Resolution No.2021-33(R)Acquire Property Page 3 of 8
3523571
Exhibit A '
EXHIBIT A
PARCEL NO.2
RIGHT OF WAY DEDICATION
1,482 SO.FT.(0.0340 ACRES)
BEING a 1,482 square foot(0.0340 acre)tract of land situated In the Francisco De La Pina
Survey,Abstract No.668, City of Wylie,CoUln County,Texas,and being part of that 0.133 -
acre tract of land described in Special Warranty Deed to Mike Bunting, as recorded In
Instrument Number 201 21029 0 01374 960 of the Official Public Records of Collin County,
Texas(O.P.R.C.C.T.),and being more particularly described as follows:
BEGINNING at a set crow's foot In concrete for the northeast comer of said 0.133 acre
tract, being the southeast comer of a 1.50 acre tract of land described in Warranty Deed to
Charles A. Bunting and Margaret P. Bunting, as recorded in Instrument Number 93-
0059736, O.P.R.C.C.T., and being In the center of Eubanks Lane (County Road 389, a
variable width right-of-way);
THENCE South 00 degrees 30 minutes 31 seconds West,with the east line of said 0.133
acre tract and the center of Eubanks Lane,a distance of 45.60 feet to a set magnail with a
washer stamped`HALFF"for the southeast corner of said 0.133 acre tract,said point being
the northeast corner of a variable width right-of-way, as dedicated by the McKee Addition,
Block A, Lot 1, an addition to the City of Wylie, as recorded in Volume 2009, Page 449.
O.P.R.C.C.T.;
THENCE North 89 degrees 46 minutes 22 seconds West,departing said center of Eubanks
' Lane and along the common south line of said 0.133 acre tract and north line of said right- '
of-way dedication, a distance of 32.50 feet to a found 12-inch iron rod with plastic cap
stamped°RPLS 5686°at the northeast corner of said Lot 1,Block A of the McKee Addition;
THENCE North 00 degrees 30 minutes 31 seconds East,departing said common line and
over and across said 0.133 acre tract,a distance of 45.60 feet to a set 1/2-Inch Iron rod with
a yellow plastic cap stamped°HALFF° on the common north line of said 0.133 acre tract
and south fine of said 1.50 acre track
THENCE South B9 degrees 46 minutes 22 seconds East, along said common line, a
distance of 32.50 feet to the POINT OF BEGINNING AND CONTAINING 1,482 square feet
or 0.0340 acres of land,more or less. .
The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone(4202),
based on ties to City of Wylie Monuments CM 1,CM 21 CM 3,CM 4 and CM 5.
I,Andrew J.Shafer,a Registered Professional Land Surveyor, hereby certify that the legal
description hereon and the accompanying plat of even data represent an actual survey
made on the ground under my supervision. i
k.
Andrew J.Sha r, IANDREWJ.9HAfER
' Registered Professional Land Surveyor �Cq 5017p•'•
Texas No.5017 q(r°o 4?e�4oQ
TBPELS Finn No.10029600 R r
Page 1 of 2 Feb.,2021
LO ROW PARCEL-2-34066.docx.dccx
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Resolution No.2021-33(R)Acquire Property Page 4 of 8
3523571
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Resolution No.2021-33(R)Acquire Property Page 5 of 8
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EXHIBIT A '
PARCEL NO. 3
RIGHT OF WAY DEDICATION
10,721 SQ. FT. (0.2461 ACRES)
BEING a 10,721 square foot (0.2461 acre) tract of land situated in the Francisco De La
Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, and being part of
that 1.50 acre tract of land described in Warranty Deed to Charles A. Bunting and
Margaret P. Bunting, as recorded in Instrument Number 93-0059736, of the Official
Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly
described as follows:
BEGINNING at a set crows foot in concrete for the southeast comer of said 1.50 acre
tract, a point in the center of Eubanks Lane (County Road 389, a variable width right-of-
way), said point also being the northeast corner of a 0.133 acre tract of land described
in Special Warranty Deed to Mike Bunting, as recorded in Instrument Number
20121029001374960 (O.P.R.C.C.T.), also being on the west line of a 32.5 foot wide
right-of-way dedicated by the Plat of Woodlake Village, an Addition to the City of Wylie,
Texas, as recorded in Cabinet G, Page 386, Map Records of Collin County, Texas;
THENCE North 89 degrees 46 minutes 22 seconds West, departing said center of
Eubanks Lane and along the common south line of said 1.50 acre tract and north line of
said 0.133 acre tract, a distance of 32.50 feet to a set 12-inch iron rod with a yellow
plastic cap stamped'HALFF" (hereafter referred to as"with HALFF cap )for comer, '
THENCE departing said common line, and over and across said 1.50 acre tract the
following calls:
North 00 degrees 30 minutes 31 seconds East, a distance of 134.87 feet to a set
1/2-inch iron rod with HALFF cap for the beginning of a tangent circular curve to the
right having a radius of 892.50 feet and whose chord bears North 1 degree 26
minutes 35 seconds East, a distance of 29.11 feet;
Northerly, along said curve, through a central angle of 1 degree 52 minutes 07
seconds, for an arc distance of 29.11 feet to a set 1/2-inch iron rod with HALFF cap
for the point of tangency;
North 02 degrees 22 minutes 38 seconds East, a distance of 63.95 feel to a set 1/2-
inch iron rod with HALFF cap for the beginning of a tangent circular curve to the left
having a radius of 827.50 feet and whose chord bears North 1 degree 26 minutes 35
seconds East, a distance of 26.99 feet,,
Northerly, along said curve, through a central angle of 1 degree 52 minutes 07
seconds, for an arc distance of 26.99 feet to a set 12-inch iron rod with HALFF cap
for the point of tangency;
North 00 degrees 30 minutes 31 seconds East, a distance of 20.61 feet to a set 1/2-
inch iron rod with HALFF cap for comer, '
Page 1 of 3 Sept.,2021
R LD ROW PARCEL-3Rev-34066.docx.docx
3523571
' EXHIBIT A
PARCEL NO. 3
RIGHT OF WAY DEDICATION
10,721 SQ. FT. (0.2461 ACRES)
South 89 degrees 29 minutes 29 seconds East, a distance of 2.60 feet to a set 1/2-
inch iron rod with HALFF cap for comer,
North 00 degrees 19 minutes 26 seconds East, a distance of 30.27 feet to a set 1/2-
inch iron rod with HALFF cap for comer,
North 00 degrees 13 minutes 22 seconds West, a distance of 22.02 feet to a set 1/2-
inch iron rod with HALFF cap for comer,
North 02 degrees 50 minutes 52 seconds East, a distance of 15.25 feet to a a point
(unable to set) on the common north line of said 1.50 acre tract and south line of a
100-foot wide Kansas City Southern Railroad Company right-of-way, described in
Deed without Warranty, as recorded in Instrument Number 94-0096329.
O.P.R.C.C.T., said point being on a non-tangent circular curve to the right having a
radius of 5,679.58 feet and whose chord bears North 62 degrees 49 minutes 57
seconds East, a distance of 30.10 feet;
THENCE Northeasterly, along said common line and said curve, through a central angle
' of 00 degrees 18 minutes 13 seconds, for an arc distance of 30.10 feet to a set magnail
with a washer stamped "HALFF" for the northeast corner of said 1.50 acre tract, being
the northwest comer of said 32.5 foot wide right-of-way dedicated by the Woodfake
Village addition, and in the center of Eubanks Lane;
THENCE South 00 degrees 30 minutes 31 seconds West, departing said south line and
along the common east line of said 1.50 acre tract and west line of said 32.5 foot wide
right-of-way dedication, a distance of 356.82 feet to the POINT OF BEGINNING AND
CONTAINING 10,721 square feet or 0.2461 acres of land, more or less.
The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202).
based on ties to City of Wylie Monuments CM 1, CM 2, CM 3, CM 4 and CM 5.
I. Andrew J. Shafer, a Registered Professional Land Surveyor, hereby certify that the legal
description hereon and the accompanying plat of even date represent an actual survey
made on the ground under my supervision.
T
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Andrew J. Sh fer DRU11 J.SHAFE"'
ANDREI'!J.SHAPER
Registered Professional Land Surveyor ..............................
Texas No. 5017 � S< -„o`'•`oQ
TBPELS Firm No. 1D029600 titi°�stitiv��
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Page 2 of 3 Sept., 2021
LD_ROW_PARC EL-3Rev-34066.docx.docx
Resolution No.2021-33(R)Acquire Property Page 7 of 8
3523571
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Resolution No.2021-33(R)Acquire Property Page S of S
3523571
i
w Ulc-1mmers0le Crone, • Murphy Monitor • The Princeton Herald • :Fr Sa.hse News THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Resolution No.2021-3(R)
was published in said newspaper on the following date(s), to-wit:
October 20, 2021
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 2151 day of October, 2021,to certify which
witness my hand and seal of office.
t av nee 10NIAADUG JAN
Notary ID tlt 26646343 Notary Public i f r
��: My commission Expires The State of Texas
+ orb August 12,2024
My commission expires 08/12/2024.
Murphy/Sachse/Wylie Office• 110 N.Ballard•P.O.Box 3fi9•Wylie.TX 75098.972-442-5515•fax 972-142-0318
Famrersviile,Trinceron Office• 101 S.Main•P.O.Box 512•Farman%dle,TX 75442.972-784-6-397•fax 972-782-7023
'To Approximately
CITY OF WYLIE 1,000 Feet North Of
Centennial Drive);
Resolution Authorizing The City
No.2021-33(R) Manager Of The City
Of Wylie, Texas, To
A Resolution Of The Establish Procedures
,City Council Of The.Fof- Acquiring.. The,
City Of Wylie, Texas,"Bights-Of-Way(In Fee'
Determining A Public! Simple), And Related'
Necessity To Acquire Improvements for The
Certain Property For.Construction, Expan-
Public Use By Eminent;-sion, Access, Repair,
Domain For Rights-Of- Maintenance And Re-
Way (In Fee Simple), ,placement Of Eubanks
Related Improvements 'Lane(From Hwy 78 To
For The Construction, Approximately 1,000;
'Expansion, Access, Feet North Of Centen-
'Repair, Maintenancef nial Drive), Offering
And Replacement Of- To Acquire Said Prop-
Public Road Com ern Right,Voluntarily;
,monly Referred To Asj From The Landowners
Eubanks Lane (From: Through The Making
,Hwy 78 To Approxi- Of Bona Fide Offers
mately 1,000 Feet Including Making Ini-
North Of Centennial, 'tial And Final Offers;
,Drive); Giving Notice, Authorizing The City
i
Of An-Official Deter-; ;Attorney To File Pro
mination. Of Public! ' ceedings In Eminent
Necessity To Acquire, Domain To Condemn
Certain Property For The Needed Real Prop-
Public Use By Emi-i erty For Public Use,If
nent Domain For Such Needed; Appropriat- ..-
Rights of-Way (In Fee I king Funds Providing .,
Simple), And Related :For Repealing, Sav
Improvements For The- iings And Severability,
Construction, Expan- (Clauses; And Provid>
ision, Access, Repair, ping For An Effective
'Maintenance And Re- Date.
placement Of Eubanks
Lane (From Hwy 78 1 25-It-901�
C&S Vie 3/armersUilleTimes • Murphy Monitor • The Princeton Herald • %,SachleNews • THE WYLIENEWS
KBELOM
STATE OF TEXAS
COUNTY OF COLLIN
Before me,the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County,Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Resolution No. 2021-33(R)
was published in said newspaper on the following date(s), to-wit:
November 10,2021
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 1 lth day of November, 2021, to certify
which witness my hand and seal of office.
Notaty Pu lic ' or
�yx SONIA A DUGGAN The State of Texas
® Notary ID 0126646343
� My commission Expires
�0e August 12,2024 My commission expires 08/12/2024.
Murphy/Sachse/wyiie Office• 110 N.Ballard•P.O.Box 369•Wyiie,7:\75098.972-432-5515•fax 972-142-4318
Famiers'ille/Princeion Office•101 S.Main•P.O.Box 512•F:mnersville,TX 75442•972-784-6397•fax 972-782-7023
November 10-11,2021
ICITY OF WYLIE ,
Resolution
No.2021-33(R)
A Resolution Of The
City Council Of The I
City Of Wylie, Texas,
Determining A Public I And Related Improve-
Necessity To Acquire ments For The Con-
Certain Property For I ' structionI Expansion;
Public Use By Eminent, I Access, Repair, Main-
Domain For Rights-Of- tenance And Replace-
Way (In Fee Simple), ment Of Eubanks Lane
Related Improvements (From Hwy 78 To Ap-
For The Construction, proximately 1, 000,
Expansion, Access, Feet North Of Centen
Repair, Maintenance nial Drive), Offering
And Replacement Of To Acquire Said Prop-
Public Road Corn- erty Right,Voluntarily,
-monly Referred To As From The Landowners
Eubanks Lane From Though The Making
Hwy 78 To Approxi- Of Bona Fide Offers
mately 1, 000 Feet Including Making Ini-
'North Of Centennial tial And Final Offers;
,Drive); Giving Notice Authorizing The City
Of An Official Deter- Attorney To File Pro-,
urination Of Public ceedings In Eminent
Necessity To Acquire iDomain To Condemn'
Certain Property For The Needed Real Prop-
Public Use By Emi- erty For Public Use,If
nent Domain For Such I (Needed; Appropriat-
Rights-Of-Way(In Fee mg Funds; Providing,
Simple), And Related For Repealing, Sav-,
Improvements For The I
ings And Severability
Construction, Exl Clauses; And Provid-
sion, Access, Repair, �ing For An Effective
Maintenance And Re=, Date. `
placement Of Eubanks
Lane(From Hwy 78 To f- 28a 1-911i I: r
Approximately 1, 000
I Feet North Of Centen-
nial Drive); Authoriz-
ing The City Manager
Of The City Of Wylie,
Texas, To Establish
Procedures For
quiring The Rights-Of
-Way (In Fee Simple),