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Home My WebLink AboutResolution No. 05-115 ." ORIGINAL CITY OF THE COLONY RESOLUTION NO. (/J5- I { 5" 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 AND A TEMPORARY CONSTRUCTION EASEMENT REQUIRED FOR THE PROVISION OF UTILITY SERVICES TO AREAS WITIllN OR WITHOUT THE MUNICIPAL BOUNDARIES OF mE COLONY; DECLARING A PUBLIC NECESSITY EXISTS AND FINDING A PUBLIC USE AND PURPOSE FOR THE WELFARE AND CONVENIENCE OF mE CITIZENS, THAT REQUIRES THE TAKING AND ACQUIRING OF AN EASEMENT FOR SAID UTILITY PURPOSES AND A TEMPORARY CONSTRUCTION EASEMENT; THAT CERTAIN TRACT WHICH WILL BE BURDENED WITH THE UTILITY EASEMENT IS LOT 3, BLOCK 4, GARZA - LITTLE ELM LAKE ESTATES, AN ADDITION TO THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 80 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; ALSO BEING A PORTION OF A TRACT OF LAND BEING OWNED BY JOE'S COUNTRY STORE, INC.; 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 mE PROPERTY FOR UTILITY PURPOSES AND A TEMPORARY CONSTRUCTION EASEMENT; 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, Tx. (City) 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 detennined that a public necessity exists, and that a public use and purpose for the welfare and convenience of the citizens requires the acquisition of a permanent and temporary easement for utility purposes, with such easements vesting in the City of The Colony and 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, distnbution, transmission, or a sewage system, 793431.l1SP3/I315210102/112905 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 easements which are more fully descnbed on Exhibits "A" and "e" and depicted in Exlnbits "B" and uD", each ofwmch is attached hereto and incorporated herein; and WHEREAS, the permanent and temporary easements so described herein have been appraised in accordance with provisions of Chapter 21, TEX. PROPERlY 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. AUTHORIZATION 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 and public use and purpose exist and the public welfare and convenience requires the acquisition of a 20-foot permanent easement and 50-foot temporary easement for utility purposes, on, across or under that certain tract descnbed as Block 4, Lot 3, Garza - Little Elm Estates, as recorded in Volume 2, Page 80 of the Plat Records of Denton county, Texas and owned by Joe's Country Store, Inc. (Owner) with title acquired to vest in the City for: (i) that certain permanent easement containing approximately 0.055 acres of land, descnbed in Exhibit "A" and depicted in Exhibit "B" hereto; and (ii) that certain temporary construction easement containing approximately 0.126 acres of land descnbed in Exhibit "C" and depicted in ExhIbit "D". SECTION 3. PUBLIC PURPOSE AND NECESSITY The governing body of the City of The Colony hereby finds that there is a public necessity, public use and purpose to acquire the utility easements in the size, scope, width and dimensions set forth herein 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 to the Owner of the tract described herein, including damages, if any, to the remainder. Said offer is to be based on an 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 condenmation 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 the described utility easements for 793431.1/SP3/131S2/0102!11290S utility purposes in or on that certain tract described herein with 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 Counsel is authorized and directed to join said parties as defendants in said condemnation. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions Counsel 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? 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. SECTION8. RECITALS The City Council hereby finds 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. "'" EXHIBIT "A" LEGAL DESCRIPTION PERMANENT SANITARY SEWER EASEMENT BEING a 20 f.qot wi:de strip of land located in Lot 3, Block 4, GARZA _ LITTLE EL~LAKE ESTA~ES, an addition to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the Plat Records of Denton County, rexas. Said 20 foot wide strip of land being more particularly described by metes and bounds, as follows: BEGINNING at a point in the East boundary line of said Lot 3, being located N. 170 22' 57" W 88.22 feet, from the Southeast corner of said Lot 3; THENCE WEST 126.42 feet. crOsslng saJ.d Lot 3, to a pOlnt in the East right-of-way line of MaIn Street (State Highway No. 423); THENCE along the East right-of -way line of sald Mal.n Street. as follows: 1. N 170 40' 12" E 12.16 feet, to a point; 2. N 010 33' 54" W 8.42 feet, to a point; THENCE EAsT line of said Lot 3; 116.69 feet, to a pOint in the East boundary THENCE S l70 22' ,55/1 E 20.96 feet, along the East boundary line of said Lot 3, to ~HE PLACE OF BEGINNING, containing 0.055 acre (2,414 square feet) of land. FNCOL ESM NO. 1 ~ ~ \ "" \~ \ \ " " ~ " " \ \ BS'CK 4 GARZA - um.E\EUf LAKE ESTATES VOl. 2. PG.\80. P.R.D.C.T. \ ~ " LOT 4 S 17022'S7"E 20.96' / I I 126.42' POINT or BEiNING "ERWA..NENr SNRr.,.. 'WEllDO' O;()/J$ ACRE /~tlJ ~ LOT 3 I / '''-'' ~~ ---i ( "-, /\ " " V/ SOUTHEAST CORNER \ OF LOT 3 \ J I ) ~ ~ :t:- !Ii ~ !;; !.Ci ~ CIj ~ ~ j LOT 2 I /--- - \ \ \ LOT 1 J I , I _____~ ---- OVE'HlAKE STHEET I / ( I I ~ " EXHIBIT "S" PERMANENT SANITARY SEWER EASEMENT 0.055 ACRE OF lAND LOCATED IN LOT J, BLOCK 4, GARZA-um..E ELM I.Al<E ESTATES COLONY. DENTON COUNTY, TEXAs \FNCOl..otN\C-E:ASl:I\ FmRIJARY 12. 2006 ~flRrrwN leQu.WPORD IAN)~. ~......... '.IT) ......u -IETIHI Uf?) ..........11: I'Alr Ile. .11):.12I'-&Ul' . P.. Q" .. IlIFf. ... IICImf Fllhlt,v ritrr _ 1Q.u ..... UIiIlIt: ~I bd Q_........ ,. Exhibit "en LEGAL DESCRIPTION TEMPORARY CON.STRUCTION EASEMENT BEING a 50 foot wide strip of land located ~n Lot 3, Block 4, GARZA _ LITTLE ELM LAKE ESTATES, an addition to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the Plat Records of Denton County, Texas. Said 50 foot wide strip of land being more particularly described by metes and bounds, as follows: BEGINNING at a point in the East boundary line of said Lot 3, and Said Point of Beginning being located N 1702:2' 57" W 109.17 feet, from the Southeast corner of said Lot 3; THENCE WEST 116.69 feet, to a point in the East right-of- way line of Main Street (State Highway No. 423); THENCE NOlo 33' 52" W 50.02 feet, along the East right-of-way l~ne bf said Main Street, to a point; THENCE EAST 102.41 feet, crossing said Lot 3, to a po~nt in the East boundary line of said Lot 3; THENCE S 170 22' 57" E 52.39 feet, along the East boundary line of said Lot 3, to THE PLACE OF BEGINNING, conta~ning 0.126 acre (5,478 square feet) of land. FNCOL ESM NO. T1 ~. ,:a N 01033'52''W 50.02' ~ N ~ :t: .~ ~ ~ ~ CIj ~ ~ I I 1--- I I 1- ~ \ " \ ",. \ " \ BLOCK" '" , GARZA - UUU: EUt LAKE ESTATES VOL 2, Ii'G. 80, P.R.D.C.T. , '" EAST 102.41' , 'TEUf>ORARy CONsrRUCTlOH EASDoIEHT 0.126 ACRE / 5,478 SO.FT. LOT ~ / OINT Of' BEGINNING / l /' I" ~\ I ......... LOT 3 ~\ I ..... ~ - g~ I "---,,-- ;\-/, , V/ SOUTHEAST CORNER \ OF lOT 3 \ J \ ) WEST 116.69" LOT 2 - \ \ ~ / / ( LOT 1 I I I ___~ ------ ~Bmrr.uN Ie C1u.WFoRD IAD.~ .. . . ~:IIoWIHcI 11171_11 - IE1IIlIlom .....111 FiUC I/o; I'm Ia-NG' . p.D. IKIX Iln....... -.rrH~, ,1;lIIy wanH. lEXM TallO U6IIJ: -.IlMlIlmW.___rw.- OVERtAKE STREET , I l " ExhibitD TEMPORARY CONSTRUCTION EASEMENT 0.059 ACRE OF lAND LOCATED IN LOT 3, BLOCK 4. GARZA-UTILE El.M LAKE ESTATES COLONY, DENTON COUNlY, TEXAs VNca.oN'l\C-TEJ;Pl\ FEBRtlARY 12, 2005