HomeMy WebLinkAboutResolution No. 96-32 CITY OF THE COLONY, TEXAS
RESOLUTION NO. ~ ~,~--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, FINDING THAT A NECESSITY
EXISTS TO ACQUIRE REAL PROPERTY FOR A BUFFER
ZONE EASEMENT AROUND THE SEWER TREATMENT
PLANT; AUTHORIZING THE CITY ATTORNEY TO
INSTITUTE EMINENT DOMAIN PROCEEDINGS FOR THE
ACQUISITION OF A BUFFER ZONE EASEMENT ACROSS
CERTAIN HEREINAFTER DESCRIBED TRACTS OF LAND
AROUND THE SEWER TREATMENT PLANT; PROVIDING
FOR A FINAL OFFER; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has found that public necessity requires the acquisition
of real property for a buffer zone easement and other municipal purposes around the Sewer
Treatment Plant and for a storm sewer easement; and
WHEREAS, the tract(s) described on Exhibit "A" attached hereto and incorporated
herein as if it were copied verbatim, have been determined to be one (1) or more of the
tracts needed for the easements necessary for a buffer zone and other municipal purposes
around the Sewer Treatment Plant; and
WHEREAS, thetract(s) described on Exhibit "B", attached hereto and incorporated
herein as if it were copied verbatim, have been determined to be one (1) or more of the
tracts needed for a storm sewedr easement; and
WHEREAS, there have been extensive negotiations with the property owner for the
purchase of the required property by the City; and
WHEREAS, such negotiations have been unsuccessful; and
WHEREAS, the City Council deems the public interest to be best served by the
acquisition of the property as described in the attached Exhibit "A" and Exhibit "B".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of The
Colony, Texas:
Section 1. That all of the above premises are found and determined to be true
and correct and are incorporated into the body of this Resolution as if copied in their
entirety.
Section 2. That the City Attorney is hereby authorized to extend a final offer to
the owner of the tracts of land more specifically described in Exhibit "A" for the acquisition
of said real property for a buffer zone and other munidpal purposes around the Sewer
Treatment Plant, and for the tracts of land more specifically described in Exhibit 'B' for a
storm sewer easement.
Section 3. If the said final offer is not accepted by the owner of the tract, the City
Attorney is directed to begin eminent domain proceedings pursuant to the laws of the State
of Texas.
Section 4. If any section, article, paragraph, sentence, clause, phrase or word in
this resolution, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this resolution; and the City Council hereby declares
it would have passed such remaining portions of this resolution despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 5. That this Resolution shall take effect immediately from and after its
adoption and it is so resolved. ~d ~~
PASSED AND APPROVED this ay of 1996.
. hn C. Dillard, 'Mayor Pro-tem
ty of The Colony, Texas
ATTEST:
Patti A. Hicks, TRMC, City Secretary
City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
Pete Eckert, City Attorney
City of The Colony, Texas
EXHIBIT A
Property Owner: Robert Carniero
Buft~r Zone Easement
BEING across Lots 11 thru 17, Block 4, of the Garza-Little Elm
Lake Estates, an Addition to Denton County, Texas, according to
the Map or Plat thereOf, recorded in Volume 2, Page 80, Plat
Records, Demon Count-y, Texas, and being more particularly
described as follows:
BEGINNING at the southwest comer of said Lot 11, said comer
also being the north right-of-way line of Overlake Drive;
THENCE North 0 degrees 20 minutes 00 seconds West along the
west line of said Lot I1 a distance of 52.00 feet to a point;
THENCE North 89 degrees 40 minutes 00 seconds East a distance
of 223.76 feet to the beginning of a curve to the right with a
radius on 150.00 feet;
THENCE along said curve to the right through a central angle of
49 degrees 12 minutes 24 seconds and an arc distance of 128.82
feet to a point in the north right-of-way line of said Overlake
Drive;
T~.NCE South 89 degrees 40 mimltes 00 seconds We.~ following
the north right-of-way line of said Overlake Drive a distance of
337.32 feet to the POINT OF BEGINNING and containing
15,733 square feet or 0.361 acres of land.
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EXHIBIT B
Property Owner: Robert Carniero
Storm Sewer Ea~mcnt
BEING a fifteen foot (15') Storm Sewer F. asement across Lot 11,
Block 4, of Gacza-~ttlc lake Estates, an Addition to Denton
County, Texas, as recorded in Volume 2, Page 80 of the Deed
Records of Denton County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a point, said point being North 89 degrees 40
minutes 00 seconds East a distance of 8.00 feet from the southwest
comer of said Lot 11;
TItENCE North 0 degrees 20 minutes 00 seconds West a distance
of 95.00 feet a point for corner;
THENCE South 0 degrees 20 minutes 00 seconds West a distance
of 15.00 feet;
THENCE South 0 degrees 20 minutes 00 seconds East a distance
of 95.00 feet to a point for con,er;
THENCE South 89 degrees 40 minutes 00 seconds West a
distance of 15.00 feet to thc POINT OF BEGINNING and
con~g 1,425 squar~ feet.
TOTAL P. ~