HomeMy WebLinkAboutResolution No. 86-15 CITY OF THE COLONY, TEXAS
RESOLUTION NO. ~(m-~.~
A RESOLUTION DETERMINING UPON THE NECESSITY
OF ACQUIRING AN EASEMENT UNDER, OVER, AND ACROSS
THE HEREINAFTER DESCRIBED LAND IN CONNECTION
WITH THE CONSTRUCTION OF A HIGHWAY CONNECTING
STATE HIGHWAY 544 TO STATE HIGHWAY 121
BE IT RESOLVED by the City of The Colony:
(1) That it is hereby determined that public
necessity requires that a highway be constructed
connecting State Highway 544 and State Highway 121
and that the City of The Colony should acquire an
easement under, over, and across the land necessary
for said project. Such project is found to be in
the public interest.
(2) That the City of The Colony determines
to appropriate an easement under, over and across
the property described in paragraph (4) below for
the purpose of constructing a highway connecting
State Highway 544 and State Highway 121 under the
Texas laws of eminent domain and the provisions of
the Charter of the City of The Colony.
(3) That for the purpose of acquiring an
easement, over and across said property, the
Mayor of the City of The Colony or such employee
as he may designate, is hereby authorized and di-
rected to consult with such person or persons as he
shall, in his sole discretion, deem advisable for
the purpose of determining possible and appropriate
locations for the easement necessary for the con-
struction of the aforementioned highway. Upon such
determination, the Mayor is hereby further directed
to determine the fair market value of the leasehold
interest of Edwin Jordan in said easement and any
damages to Edwin Jordan's leasehold interest in
land contiguous to the easement that will result
from the acquisition of said easement. The Mayor
is hereby directed to report to the City Council
when he has made the determinations required by
this paragraph.
(4) The legal description of the property
across which an easement must be acquired is as
follows:
TRACT I
BEING A TRACT OP LAN'i) OUT OF THE THOMAS A WEST SURVEY ABSTRACT
N'~.;. 1344 IN DENTON COUNTY, FEXA:.. ~,ND ~.EING MORE PART!C, ULARLY
DEscRmED AS FOLLOWS~
BEGINNING AT FENCE CORNER IN THE NORTH LINE OF THE THOMAS A. WEST
SURVEY, SAID POINT Al, SO BEING 1650.00 PEET EAST OF Tile NORTilWEST
CORNER OF S.tm SURVEY;
THENCE IL4,.qT ALONG THE NORTH LINE OF SAID SURVEY, ALSO BB~IqG A
TREE AND FENCE LINE 10 FEET SOUTH OF A 14 FOOT ASPHALT AND
GRAVEL ROAD, A DISTANCE OF 4545.11 FEET FOR AN IRON ROD SET FOR A
CORNER IN THE MIDDLE OF A CURVE OF A 50.0 FOOT GRAVF, L ROAD, SAID
POINT BEING THE NORTHEAST CORNER OF THE THOMAS A WEST SURVEY;
THENCE SOUTH O DEG. 55 MIN $? SeC. EAST ALONG THE EAST LINE OF THE
THOMAS A WEST SURVEY, ALSO BEING A FENCE LINE 15 FEET WEST OF A 20
FOOT GRAVEL ROAD, A DISTANCE OF 1635.05 FEET TO AN IRON ROD SET
FOR A CORNER;
THENCE SOUTH $9 DEG. 44 MIN. 46 SEC. WEST A DISTANCE OF 42?0.44 FEET
TO AN IRON ROD SET FOR A CORNER AT THE INTERSECTION OF TWO FENCE
LINES AND 10 FEET NORTH OF A 10 FOOT GRAVEL DRIVE AND 10 FOOT EAST
OF A 15 FOOT GRAVEL ROAD;
THENCE NORTH 0 DEG. 01 MIN. {2 SEC. WEST ALONG A TREE AND FENCE
LINE 10 FEET EAST OF A 15 FOOT GRAVEL ROAD, A DISTANCE OF 1553.79
FEET TO THE PLACE OF BEGINNING AND CONTAINING 150.7458 ACRES OF
LAND.
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YRACT II
BEING A TRACT OP LAND OUT OF YHE THOMAS A WEST SURVEY, ABSTRACT
Hr2 1344, D~I~'I'O~T COUI~I'Y, i~AA~$~ .~ND BEING MORA PARTICULARLY
D~~ED ~ POL~WS~
COMMENC~G AT ~ ~ON ROD B~ ~ THE M~DL~ OP A C~VE OP A ~0.0
FOOT GRAVEL ROAD, S~ PO~T B~G THE NORTHE~ CO~NER ~P THE
THOM~ A. W~ SURVEY~ ~ENCE A~NG A P~CE ~E ~UTH 0" 5~37"
· ~T~ 1635.05 PE~ ~ THE PLACE OP BEG~N~G OP T~ ~ACT,
PO~T B~G AN ~ON ROD S~ FOR A CORN~ ~ A P~CE ~E WHICH
RUNS E~ ~ W~ PROM 8~ ~0.0 FOOT GRAV~ ROAD~ AND A~ B~G
THE ~UTHg~T CORNER OP A 160.745~ ACRE ~ACT OP ~ND~
THENCE ~UTH 0° 52'3~" ~A~, 2~4.24 P~ TO AN ~ON ROD S~ FOR A
CORNER ~ A F~NCE ~E W~CH RUNS PARALLEL ~ S~ 20.0 FOOT
GRAVEL ROAD;
THENCE A~NG S~D P~CE ~g ~UTH 06° 39'25n W~, 1395.52 FB~ ~ A
FENCE CORNER;
THENCE ~UTH 89° 55'12' W~, 2459.32 P~ A~NG THE NORTH ~ OF A
FENCE. L~E W~CH RUNS ~ ~ W~T FROM S~ 20.0 FOOT GRAVEL
ROAD ~ AN ~ON ROD S~ FOR A CORNER, S~ ~ON ROD B~G 15.0
PE~ NORTH OF S~ g~-W~ PENCE L~E;
THENCE NORTH 0O 31' IS' W~, 1650.0 PB~ A~NG A F~C~ ~E W~CH
RUNS ~UTH ~ NORTH ~ AN ~ON ROD S~ FOR A CORNER 4.0
NORTH OF THE ~TERSBC~ON OF S~ P~NCB ~E ~H AN
PENCE LinE;
THENCE NORTH ~9O 44' 46' E~T, 2631.92 FE~ A~NG A TREE ~g W~CH
~ 16.0 FEET NORTH OF ~ E~T-W~T F~NCE ~E ~ THE PLACE
BEG~N~G OP TH~ TRACT ~D CONT~G 9Y.2S93 ACR~ (4,237,922 SQ.
PT.) OF LAND.
(5) The owners or parties claiming an interest
in the property described in paragraph 4 are as fol-
lows:
Owners: Crow-Billingsley Manderian,
Ltd., a Texas limited partnership; University
Business Park Phase II, Ltd., a Texas limited
partnership; Frankford Road Investors #1, Ltd.,
a Texas limited partnership.
Tenant: Edwin Jordan under a lease
dated February 2, 1984 with a seven year
term commencing February 2, 1984 and con-
tinuing through February 1, 1991.
Lienholder: Mercantile Bank under a
deed of trust to secure a promissory note
dated February 2, 1984 in the original prin-
cipal amount of $5,036,330.00 payable to the
order of Peter Winstead, trustee, which prom-
issory note has been assigned to Mercantile
Bank.
(6) The City of The Colony has determined
that those parties designated as owners in para-
graph 5 above have agreed to dedicate such property
as the City may determine is necessary for the
accomplishment of the aforementioned public pur-
pose and necessity.
(7) This resolution shall take effect
immediately from and after its passage.
~PPROVE~ by the City Council on the3~~ day of , 1986.
D~ SAMPLE, MAYOR
ATTES~' ~"
PA'I'T~ A. HICKS, CITY SECRETARY
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