HomeMy WebLinkAboutResolution No. 96-30 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 96-30
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
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, there has 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".
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 municipal purposes around the Sewer
Treatment Plant.
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.
PASSED AND APPROVED this 21st day of October, 1996.
~'W~iliam W. Manning, l~Iayor
City of The Colony, Texas
ATI]EST:
Patti A. Hicks, TRMC, City Secretary
City of The Colony, Texas
[SEAL]
APPRO~S TO FORM:
Pete Eckert, City Attorney
City of The Colony, Texas
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Property Owner: Walter E. Felfe
BEING across Lot 23, Block 3 of the Garza-Little Elm Estates, an Addition
to Denton County, Texas, according to the Map or Plat thereof recorded in
Volume 2, Page 80, Plat Records, Denton County, Texas, and being more
particularly described as follows:
BEGINNING at the southwest corner of said Lot 23;
THENCE North 28 degrees 42 minutes 44 seconds East a distance of 129.81
feet to the south right-of-way line of Overlake Drive, said point also being in
a curve to the right which center bears South 24 degrees 52 minutes 37
seconds West a radius distance of 125.00 feet;
THENCE along said curve to the right following the south right-of-way line
of Overlake Drive through a central angle of 64 degrees 58 minutes 10
seconds and an arc distance of 141.74 feet to a point;
THENCE South 89 degrees 40 minutes 00 seconds West a distance of 134.78
feet to the POINT OF BEGINNING and containing 9,248 square feet.