HomeMy WebLinkAboutResolution No. 96-17 ORIGINAL
cx~ Dy ~ co~o~¥, ~x~s
~SOL~T~ON ~0. q~-/
* ~SO~O~ OV ~ C~ CO~m~ OV ~ C~ OV ~
CO~NY, ~S nNOING ~T A NECESS~ E~STS TO
ACQUIRE RE~ PROPER~ FOR D~NAGE ~ O~ER
MU~C~ PURPOSED; A~OmZING ~ C~ A~ORNEY TO
INS~ EMI~ DO~N PROCEED~GS FOR ~E
ACQUIS~ON OF A CERT~N HEREIN~R DESC~BED ~~
OF ~ FOR ~ ~ONS~U~ON OF A WA~R ~S~SSION
~E; PRO~DING FOR A FIN~ OF~R; PRO~DING A
SE~~IL~ C~USE; PRO~DING FOR ~ E~E~ DA~.
~E~, the Ci~ Council h~ found that public necessi~ requires the acquisition
of an e~ement for drainage ~d other mu~cipal pu~oses; ~d
~E~, the tract desc~bed on E~ibit "A" attached hereto ~d ~co~orated
herein ~ if it were copied verbatim, h~ been dete~ned to be needed for dr~nage and
other mu~6p~ pu~oses; and
~E~, there h~ been exte~ive negotiations ~th ~e prope~ o~er for the
purch~e of ~e required prope~ by the Ci~; and
~E~S, such negotiatio~ have been u~uccess~l; and
~E~, the Ci~ Council dee~ ~e public interest to be best se~ed by the
acquisition of the prope~ ~ des~bed in the attached E~ibit "A".
NOW, ~E~FO~, BE IT ~SOL~D by ~e Ci~ Council of the Ci~ of ~e
Colony, Text:
Se~ion 1. ~at ~1 of the above presses ~e found ~d dete~ned to be
tree and co~ect ~d ~e inco~orated into the body of this Resolution ~ ff copied in the~
enfire~.
Section 2. ~at the Ci~ Attorney is hereby autho~zed to extend a final
offer to the o~er of ~e tra~ of l~d more specific~ly des~bed in ~ibit "A" for the
acquisition of ~ e~ement for the pu~ose of surface water dr~nage ~d other mu~p~
pu~oses.
Se~ion 3. If the said final offer is not accepted by the o~er of the tract,
the Ci~ Attorney is directed to be~n e~nent domain proceed~gs pursuit to the laws of
~e State of Text.
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/slaall take effect immediately from and after
its adoption and 1T IS SO RESOLVED. [ ~ _
PASSED AND APPROVED this / ~~ff~''day of ff//~/~,~/.J, 1996.
~ C. Dillard~Mayor Pro-tern,
~ty of The Colony, Texas
Patti A. Hicks, TRMC, City Secretary
City of The Colony, Texas
[SE~L]
APPROVED AS TO FORM:
Pete Eckcgrt, City Attorney
City of The Colony, Texas
FIELD NOTES
Being ~ ofa~ofla~ situa~in thcB. B.B. ~. C.R.R. Survey, ~ No. 173 in the Cit7
of The Colony, Denton, County, Texas; said tract of land 4.968 acres being filed at Denton
County Record daled May 31, 1991 in Volume 2987 Pa~e 970 and b~ing mor~ particularly
I~GINNING at No,west c~rner of said u'act of land said POINT of BEGINNINO being in
Right of Way of FM47.3 (100
TI, n~CE hum the POllVr of BF_,GINNIlVG South 66 degrees 21 minuies 04 seconds Fast 699.12
feet to the Northeast comer of said tract of land;
TItI~CE South 00 degrees 00 minu~m 18 sec~ds East 43.67 feet for a com~,
THE~CI~ North 66 degrees 21 minutes 0~ seconds West 699,48 feet ~o ~t point said point being
in East Right of Way of FM423 (100 feet);
THENCE North 00 degrees 27 minutes 50 ~__~conds ~__q 8.79 feet to a point;
TI4~NCE North 0 degrees 25 mln_ut~ 30 seoonds Fa~ 34.73 feet to PLACE of BEGINNING and
containing 0.642 heres or 27,971.958 ~uar~ feet more or le~s.
TOTRL P. 05