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Home My WebLink AboutResolution No. 05-72 ORIGINAL CITY OF THE COLONY RESOLUTION NO. 0 .s--1;;'" A RESOLUTION PROVIDING FOR AND CONSENTING TO THE EXERCISE OF EMINENT DOMAIN AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF A UTILITY EASEMENT REQUIRED FOR THE PROVISION OF UTILITY SERVICES TO AREAS WITHIN THE MUNICIPAL BOUNDARIES OF THE COLONY; DECLARING A PUBLIC NECESSITY EXISTS AND FINDING A PUBLIC USE AND PURPOSE FOR THE WELFARE AND CONVENIENCE OF THE CITIZENS, REQUIRES THE TAKING AND ACQUIRING OF AN EASEMENT FOR SAID UTILITY PURPOSES, THAT CERTAIN TRACT WHICH WILL BE BURDENED WITH THE UTILITY EASEMENT IS SITUATED IN THE DAVID E. LAWHORN SURVEY, ABSTRACT NO. 727 DENTON COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO NORMAN LANG, PATRICIA LANG, AND JENNIFER LANG IN DEED CC NO. 2004-85191, DEED RECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR AN OFFER TO PURCHASE THE UTILITY EASEMENT FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING COUNSEL TO INSTITUTE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR UTILITY PURPOSES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of The Colony wishes to provide for the health, safety and welfare of its citizens; and WHEREAS, the City of The Colony is a home rule City with specific, enumerated powers to provide for the health, safety and general welfare of its citizens; and WHEREAS, it is hereby determined that a public necessity exists, and that a public use and purpose for the welfare and convenience of the citizens requires the acquisition of an easement for utility purposes, with such easement vesting in the City of The Colony burdening the hereinafter described property, for the public purpose of constructing and maintaining utility improvements; and , WHEREAS, the City is authorized pursuant to Chapter 251, TEx. LOCAL GOV'T CODE, to exercise the right or power of eminent domain for public purpose to acquire property, whether located inside or outside the municipality, where necessary for the purpose of providing a waterworks system, water storage, drainage, treatment, distribution, transmission, or a sewage system, including sewage collection, drainage, treatment, disposal, and emptying facilities; and WHEREAS, the City is authorized to exercise the power of eminent domain to acquire said utility easement from those parcels of land more fully described in Exhibit A 785053.I/SP3f13152/0100/081505 and depicted in Exhibit B attached hereto and incorporated herein (Lang Tract); and WHEREAS, the parcel of land so described herein has been appraised in accordance with provisions of Chapter 21, TEx. PROPERTY CODE to establish just compensation as provided therein; NOW THEREFORE: BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF THE COLONY, TEXAS: SECTION 1. AUTIIORIZA TION The Mayor, or City Manager, is hereby authorized and directed to implement the applicable provisions of this Resolution. SECTION 2. TRACT DESCRIBED A public necessity exists and public use and purpose for the public welfare and convenience require the acquisition of a 20-foot permanent easement for, utility purposes with title vesting in the City of The Colony, Texas, in that certain tract or parcel of land containing approximately 0.306 acres ofland in the name of the City of The Colony in, over and across the Lang Tract or parcels described in Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof for all purposes. SECTION 3. NECESSITY The governing body of the City of The Colony hereby fmds that there is a public necessity and public use and purpose required to acquire the utility easement and the size, scope, width and dimensions set forth herein and for the purposes stated in this Resolution. SECTION 4. APPRAISED VALUE An offer of a just and adequate compensation based on fair market value shall be made for the Lang tract, including damages to the remainder, if any. Said offer to be based on an independent appraisal. The City Manager, or designee, is hereby authorized and directed to make an offer for the acquisition of the utility easement to the owner of the property. SECTION 5. CONDEMNATION PROCEEDINGS In the event the offer described in Section 4 herein is refused or not accepted by the owner of the property, Strasburger & Price, L.L.P. is hereby authorized and directed on behalf of the City to file the necessary condemnation proceedings or suit and to take whatever action that may be necessary against the owner and any other parties having interest in the property to acquire a utility easement for utility purposes in the property with such title vesting in the City of The Colony. SECTION 6. PARTIES AND DESCRIPTION If it should be subsequently determined that additional parties other than those named herein have an interest in said property then Counselor designee is authorized and directed to join said parties as defendants in said condemnation. If it is later determined that there 785053.1/SP3/13152/0 1 00/081505 are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity obtaining City Council approval authorizing the condemnation of the corrected or revised property. SECTION 7. SEVERANCE If for any reason any section, paragraph, subdivision, clause, phrase or provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or any other Resolution of the City of The Colony to which these rules and regulations relate. SECTION 8. RECITALS The City Council hereby fmds and declares all precatory language herein to be true and correct and approves and adopts the same herein as part of this Resolution. SECTION 9. EFFECTIVE DATE This Resolution shall take effect on and after its adoption by the City Council of the City of The Colony. . Lf EXHIBIT "A" 20 FOOT WIDE UTILITY EASEMENT BEING A 20 FOOT WIDE UTILITY EASEMENT SITUATED IN THE DAVID E. LAWHORN SURVEY ABSTRACT NO. 727, DENTON COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO NORMAN LANG, PATRICIA LANG AND JENNIFER LANG IN DEED RECORDED IN COUNTY CLERK'S FILE NO.(CC#) 2004-85191, DEED RECORDS DENTON COUNTY, TEXAS (D.RD.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBEDAS TRACT 2 CONVEYED TO PULTE HOMES OF TEXAS, L.P., ACCORDING TO THE DEED FILED OF RECORD IN DENTON COUNTY CLERK FILE NUMBER (CC#) 2004-118342, (D.R.D.C.T.), SAME BEING THE SOUTHEAST CORNER OF LEBANON ROAD RIGHT-OF- W A Y(RO.W.) DEDICATION (VARIABLE WIDTH RO.W.), RECORDED IN CC# 2004-61645 D.R.D.C.T., ALSO BEING IN THE NORTH LINE OF BOYD ACRES SUBDIVISION, RECORDED IN CABINET 2, PAGE 94 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND AT THE INTERSECTION OF THE SOUTH RO.W. LINE OF SAID LEBANON ROAD AND APPROXIMATE CENTER LINE OF KRUGER LANE( A VARIABLE WIDTH PERSCRIPTIVE RO.W.); THENCE N 89015'11 fI E, ALONG THE SOUTH LINE OF SAID TRACT 2 AND ALONG THE APPROXIMATE CENTER LINE OF SAID KRUGER LANE AND THE COMMON NORTH LINES OF SAID BOYD ACRES SUBDIVISION, AND A TRACT OF LAND DESCRIBED IN DEED TO ATHALEA LANE, RECORDED IN VOLUME 4980, PAGE 00077 D.RD.C.T. RESPECTIVELY, A DISTANCE OF 419.14 FEET TO A POINT AT THE NORTHWEST CORNER OF SAID LANG TRACT AND THE POINT OF BEGINNING; THENCE N 89015'11 fI E, CONTINUING ALONG THE APPROXIMATE CENTER LINE OF SAID KRUGER LANE AND ALONG THE NORTH LINE OF SAID LANG TRACT AND THE COMMON SOUTH LINE OF SAID TRACT 2, A DISTANCE OF 685.01 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID LANG TRACT; Page 1 00 I:\SLD\LONEST AR\02292904\sdata\TR12EX05.doc -t., i--.1----,~ THENCE S 46015'11" W, ALONG THE EAST LINE OF SAID LANG TRACT, A DISTANCE OF 29.33 FEET TO A POINT FOR CORNER; THENCE S 89015'11" W, OVER AND ACROSS SAID LANG TRACT, A DISTANCE OF 649.13 FEET TO A POINT FOR CORNER IN THE WEST LINE OF SAID LANG TRACT; THENCE N 36032'49" W, ALONG SAID WEST LINE, A DISTANCE OF 24.65 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.306 ACRES OF LAND, MORE OR LESS, ACCORDING TO THE EXHIBIT OF EVEN DATE HEREWITH, ATTACHED HERETO, AND MADE A PART HEREOF. Page 2 of 3 I:\SLD\LONEST AR\02292904\sdata\1R12EX05.doc \, SCALE: l' = 200' LINE BEARING L1 N 89'15'11" E L2 S 46'1 5 '11" W L3 S 89'15'11" W L4 N 36'32'49" W DISTANCE 685.01' 29.33' 649.13' 24.65' PROPOSED DEVELOPMENT TRACT 2 PULTE HOMES OF TEXAS, L.P. CCH 2004-118342 D.R.C.C. T. KRUGER LANE REVESTED PERSCRIPT/VE R.O.W. TRACT G- 620-1 2E CIVIL NO. 961 KRUGER LANE R.P.R.D.C. T. R.O.W. TRACT G-620-4E CIVIL NO. 961 R.P.R.D.C.T. UNITED STATES OF AMERICA TRACT NO. G-623 CIVIL NO. 772 R.P.R.D.C.T. POINT OF COMMENCING CIR TIN 89.1511~ E (eM) ~19. 4 6 5 4 PROPOSED 30' UTILITY EASEMENT ~ & 410 <' SQ.c,.:.,. t3 .c/ -.J ri? c:::/ :<l'o,Qc-' /!v . gO, -.J w ~ 5 G:il ~I ::> (I) NORMAN LANG, PATRICIA LANG AND JENNIFER LANG CCI 2004-85191 D.R.D.C.T. ~R'i~T S\1R\1VS "L~~1:l0R~O 127 D~\11D rt'R~C't ~ . ~13S1. LEGEND R.P.R.D.C.T. - REAL PROPERTY RECORDS DENTON COUNTY, TEXAS P.R.D.C.T. - PLAT RECORDS DENTON COUNTY, TEXAS D.R.D.C.T. - DEED RECORDS DENTON COUNTY, TEXAS IRF - IRON ROD FOUND R.O.W. - RIGHT-OF-WAY (CM) - CONTROLLING MONUMENT NOTE: SEE ATTACHED FIELD NOTE DESCRIPTION BEARINGS SHOWN HEREON ARE BASED ON TRUE NORTH AS DETERMINED WITH GLOBAL POSITIONING SATTLlTE EQUIPMENT DATE: DS/Ol/05 EXHIBIT B 20' WIDE UTILITY EASEMENT OUT OF THE R. DUNLAP SURVEY SURVEY ABSTRACT NO. 352 DAVID LAWHORN SURVEY SURVEY ABSTRACT ND. 727 IN DENTON COUNTY, TEXAS Carter::Burgess CARTER &: BURGESS. INC. 7950 ELMBROOK DRI\IE. SUITE 250 DALLAS. TX 75247-4961 (214) 638-0145 SHEET SCALE: ,. = 200' DRAWN BY: T. Gossrn 3 OF 3 CHECKED BY: S. PATTON 1:\SLD\LONESTAR\02292904\GRA \ TR 12EX05.DWG