HomeMy WebLinkAboutResolution No. 96-25 CITY OF THE COLONY, TEXAS
RESOLUTION NO. ~g,-ZS'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS FINDING THAT A NECESSITY EXISTS TO
ACQUIRE REAL PROPERTY FOR EXTENSION, CONSTRUCTION,
AND IMPROVEMENTS TO WINDHAVEN PARKWAY, AND OTHER
MUNICIPAL PURPOSED; AUTHORIZING THE ATTORNEY FOR THE
CITY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS FOR THE
ACQUISITION OF A CERTAIN HEREINAFTER DESCRIBED TRACT
OF LAND FOR THE EXTENSION, CONSTRUCTION, AND
IMPROVEMENTS TO WINDHAVEN PARKWAY; PROVIDING FOR A
FINAL OFFER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has found that public necessity requires the acquisition
of real property for extension, construction, and improvements to Windhaven Parkway, and
other municipal purposes; and
WHEREAS, the tract described on Exhibit "A" attached hereto and incorporated
herein as if it were copied verbatim, has been determined to be needed for extension,
construction and improvements to Windhaven Parkway, and other municipal purposes; 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 attorney for the City is hereby authorized to extend
a final offer to the owner of the tract of land more specifically described in Exhibit "A" for
the acquisition of real property for extension, construction, and improvements to Windhaven
Parkway, and other municipal purposes.
Section 3. If the said final offer is not accepted by the owner of the tract,
the attorney for the City 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 ~ day of ~o-~t~&. 1996.
William W. Manning, Mayor
City of The Colony, Texas
ATFEST:
Patti A. Hicks, TRMC, City Secretary
City of The Colony, Texas
[SEAI~]
APPRO~S TO FORM:
Pete Eckerd, C~ey
City of The Colony, Texas
WINDHAVEN PARKWAY
BURLINGTON NORTHERN RAILROAD
BEING a part of the Burlington Northern Railroad 100.0 foot wide Right-of-Way in the
Benjamin Schoonover Survey, Abstract Number 1208, situated in The Colony, Denton
County, Texas and being more particularly defined as follows:
BEGINNING at a point on the West right-of-way line of said Burlington Northern Railroad
Right-Of-Way and the East line of that certain 64.0634 acre tract of land conveyed to
University Business Park Phase II by deed recorded in Volume 1615, Page 551 of the Deed
Records of Denton County, Texas, said point being North 6°01'27" East 1632.31 feet from
an iron rod found at the Southeast corner of said 64.0634 acre tract;
THENCE North 6°01'27" East along said West right-of-way line, 140.0 feet;
THENCE South 83o58'33" East, 100.0 feet to a point on the East right-of-way line of said
railroad and the West line of that certain 66.516 acre tract of land conveyed to Crow-
Billingsley TCB, et al, by deed recorded in Volume 1811, Page 293 of the Deed Records of
Denton County, Texas;
THENCE South 6°01'27" West along said East right-of-way line and the West line of said
66.516 acre tract, 140.0 feet;
THENCE North 83°58'33" West, 100.0 feet to the PLACE OF BEGINNING, and containing
0.3214 acres of land, more or less.
EXHIBIT "A"