HomeMy WebLinkAboutResolution No. 92-17 CITY OF THE COLONY, TEXAS
RESOLUTION NO.q~/7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS FINDING THAT A NECESSITY EXISTS TO
ACQUIRE A PERPETUAL EASEMENT FOR THE CONSTRUCTION OF
DRAINAGE CHANNEL IMPROVEMENTS; AUTHORIZING THE CITY
ATFORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS FOR
THE ACQUISITIONS OF A CERTAIN HEREINAFTER DESCRIBED
TRACT OF LAND FOR THE CONSTRUCTION OF DRAINAGE
CHANNEL IMPROVEMENTS; PROVIDING FOR A FINAL OFFER;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has found that public necessity requires the location,
construction and operation and maintenance of a drainage channel easement on the
hereinafter described tract of land; and
WHEREAS, the tracts of land, as more fully described herein, have been determined
to be needed for construction of the drainage channel improvements; 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 sen, ed by the
acquisition of the property as described herein.
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, Arthur F. Gibson, of the tracts of land more specifically described herein
for the acquisition of a perpetual easement for the purpose of construction and maintaining
drainage channel improvements. If it is subsequently determined that there are additional
owners or claimants of interest in said property, the City Attorney is authorized and directed
to include such additional owners or claimants of interest as parties in the offer and as
defendants in all subsequent legal proceedings.
Section 3. That the tracts of land so needed by the City for drainage
channel improvements are as follows:
Tract 1: BEING a parcel of land situated in the B.B.B. & C.R.R. Survey,
Abstract No. 173, in the City of The Colony, Denton County, Texas
and being part of that certain 4.968 acres tract of land conveyed to
Arthur F. Gibson by deed recorded in Volume 2987, Page 970 of the
' Deed of Records of Denton County, Texas and being furthermore
described as follows:
BEGINNING at the most northerly Northwest corner of said Gibson
tract, same also being the East fight-of-way line of F.M. 423 (variable
width right-of-way);
THENCE South 66° 21' 04" East, along the North line of said Gibson
tract, a distance of 295.11 feet to a point for corner on the Northerly
line of a 20 foot utility easement conveyed to The Colony Munidpal
Utility District of Denton County (M.U.D.); by deed recorded in
Volume 1080, Page 228 of the Deed of Records of Denton County,
Texas;
THENCE North 77° 52' 58" West, along the Northerly line of said
M.U.D. 20 foot easement, a distance of 248.92 feet to a point for
corner;
THENCE North 80° 34' 46" West, along the Northerly line of said
M.U.D. easement, a distance of 27.47 feet to a point for corner on the
Eastern right-of-way of said F.M. 423;
THENCE North 00° 27' 50" East, along the Easterly right-of-way line
of said F.M. 423, a distance of 31.20 feet to an angle point for corner;
THENCE North 00° 25' 30" East, along the Easterly right-of-way line
of said F.M. 423, a distance of 34.73 feet to the PLACE OF
BEGINNING and containing 0.1893 acre of land, more or less.
Tract 2: BEING a parcel or tract of land situated in the B.B.B. & C.R.R.
Survey, Abstract No. 173, in the City of The Colony, Denton County,
Texas and being part of that certain 4.968 acres tract of land conveyed
to Arthur F. Gibson by deed recorded in Volume 2987, Page 970 of
the Deed of Records of Denton County, Texas and being furthermore
described as follows:
COMMENCING at the most northerly Northeast corner of said
Gibson tract;
THENCE South 00° 00' 18" East, along the East line of said Gibson
tract, a distance of 61.35 feet to a point for corner on the South line
of a 20 foot utility easement conveyed to The Colony Municipal Utility
District of Denton County (M.U.D.); by deed recorded in Volume
1080, Page 228 of the Deed of Records of Denton County, Texas;
THENCE North 60° 57' 11" West, along the South line of said M.U.D.
20 foot easement, a distance of 161.54 feet to the PLACE OF
BEGINNING;
THENCE North 66° 21' 04" West, a distance of 368.70 feet to a point
for comer on the North line of said 20 foot M.U.D. easement;
THENCE North 77° 52' 58" East, along the North line of said 20 foot
M.U.D. easement, a distance of 119.11 feet to a point for comer;
THENCE 60° 57' 11" East, along the North line of said 20 foot M.U.D.
easement, a distance of 253.11 feet to the PLACE OF BEGINNING
and containing 0.1008 acre of land, more or less.
Tract 3: BEING a parcel or tract of land situated in the B.B.B. & C.R.R.
Survey, Abstract No. 173, in the City of The Colony, Denton County,
Texas and being part of that 4.968 acres tract of land conveyed to
Arthur P. Gibson by deed recorded in Volume 2987, Page 970 of the
Deed of Records of Denton County, Texas and being furthermore
described as follows:
BEGINNING at the most northerly Northeast corner of said Gibson
tract;
THENCE South 00° 00' 18" East, along the East line of said Gibson
tract, a distance of 38.47 feet to a point for comer on the North line
of a 20 foot utility easement conveyed to The Colony Municipal Utility
District of Denton County (M.U.D.); by deed recorded in Volume
1080, Page 228 of the Deed of Records of Denton County, Texas;
THENCE North 60° 57' 11" West, along the North line of said M.U.D.
20 foot easement, a distance of 374.60 feet to a point for comer on the
North line of said Gibson tract;
THENCE South 66° 21' 04" East, along the North line of said Gibson
tract, a distance of 357.51 feet to the PLACE OF BEGINNING and
containing 0.1446 acre of land, more or less.
Section 4. If the said final offer is not accepted by the owner of the
hereinabove described tracts of land, the City Attorney is directed to begin eminent domain
proceedings pursuant to the Charter and applicable laws of the State of Texas.
Section 5. This Resolution shall take effect immediately from and after its
adoption and IT IS SO RESOLVED. /-.,
PASSED AND APPROVFr~D this//,4//--Tday of ~/~/~/.~/~, 19 ~.. /i //
'ty olony, Texas ~
City Secretary
City of The Colony, Texas
APeD AS TO FORM:
C~ Attorney
City of The Colony, Texas
DOC #: 72030 5