HomeMy WebLinkAboutResolution No. 2012-019
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2012-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, DECLARING THE NECESSITY TO ACQUIRE AN
APPROXIMATELY 0.2797 ACRE TRACT OF PROPERTY FOR A
DRAINAGE AND UTILITY EASEMENT, AND AN APPROXIMATELY
0.0015 ACRE TRACT OF PROPERTY FOR RIGHT-OF-WAY, AS PART OF
THE CITY OF THE COLONY'S MEMORIAL - SPRING CREEK
CONNECTOR PROJECT, AND SITUATED GENERALLY IN LOT 64,
BLOCK J, THE CASCADES AT THE LEGENDS, PHASE 2, AN ADDITION
OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS;
DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITION;
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS
NECESSARY FOR THE PROJECT; APPOINTING AN APPRAISER AND
NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY MANAGER
OF THE CITY OF THE COLONY, TEXAS, TO ESTABLISH JUST
COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED;
AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS
NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS;
AND AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF
PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL.
WHEREAS, the City Council of the City of The Colony, Texas (hereinafter referred to as
the "City Council"), has determined that an approximately 0.2797 acre tract of land for a drainage
and utility easement (hereinafter referred to as the "Drainage and Utility Easement Property"), and
an approximately 0.0015 acre tract of land for right-of-way (hereinafter referred to as the "Right-of-
Way Property"), situated in Lot 64, Block J, The Cascades at the Legends, Phase 2, an addition of
the City of The Colony, Denton County, Texas, and more particularly described and depicted in
Exhibits A and B, which are attached hereto and incorporated herein for all purposes, is appropriate
for use for public roadway purposes, and that there exists a public necessity to acquire the Drainage
and Utility Easement Property, and the Right-of-Way Property for the construction of City of The
Colony's Memorial - Spring Creek Connector Project; and
WHEREAS, the City Council desires to acquire the Drainage and Utility Easement
Property, and the Right-of-Way Property for this governmental and public purpose in conjunction
with the City of The Colony's Memorial - Spring Creek Connector Project; and
WHEREAS, the City Council desires that the City Manager, or his designee, take all
necessary steps to acquire the Drainage and Utility Easement Property, and the Right-of-Way
Property in fee simple, including but not limited to the retention of appraisers, engineers, and other
consultants and experts, and that the City Attorney, or his designee, negotiate the purchase of the
Drainage and Utility Easement Property, and the Right-of-Way Property in fee simple and, if
unsuccessful in purchasing the Drainage and Utility Easement Property, and the Right-of-Way
Property in fee simple, to institute condemnation proceedings to acquire said Drainage and Utility
Easement Property, and/or the Right-of-Way Property.
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 hereby found to be true and correct legislative and
factual findings of the City of The Colony, Texas, and they are hereby approved and incorporated
into the body of this resolution as if copied in their- entirety.
SECTION 2. That the City Council hereby finds and determines that a public purpose and necessity
exists for the City of The Colony, Texas, to acquire said Drainage and Utility Easement Property,
and the Right-of-Way Property for the construction of Memorial - Spring Creek Connector Project,
as part of the City of The Colony's Memorial - Spring Creek Connector Project and to acquire the
Drainage and Utility Easement Property, and the Right-of-Way Property in fee simple, which is
deemed necessary for construction of an extension for Memorial Drive, a public roadway.
SECTION 3. That the City Manager, or his designee, is authorized and directed to negotiate for and
to acquire the Drainage and Utility Easement Property, and the Right-of-Way Property in fee simple
for the City of The Colony, Texas, and to acquire said rights in compliance with State and Federal
law. That the City Manager is specifically authorized and directed to do each and every act
necessary to acquire the Drainage and Utility Easement Property, and the Right-of-Way Property in
fee simple including, but not limited to, the authority to negotiate, give notices, make written offers
to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests
to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition
process and, if necessary, to institute proceedings in eminent domain.
SECTION 4. That the City Manager, or any individual he may so designate, is appointed as
negotiator for the acquisition of the Drainage and Utility Easement Property, and the Right-of-Way
Property in fee simple and, as such, the City Manager is authorized and directed to do each and
every act and deed hereinabove specified or authorized by reference, subject to the availability of
funds appropriated by the City Council for such purpose. That the City Manager is specifically
authorized to establish the just compensation for the acquisition of the Drainage and Utility
Easement Property, and the Right-of-Way Property. That, if the City Manager or his designee
determines that an agreement as to damages or compensation cannot be reached, then the City
Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the
owners and interested parties of the needed property interests, proceedings in eminent domain to
acquire the Drainage and Utility Easement Property, and the Right-of-Way Property in fee simple.
SECTION 5. This Resolution shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 20"' day of March, 2012.
2
J e ATTEST: McCourry Mayor
Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moose, City Attorney
3
Exhibit A
Depiction and/or Description
of the
Drainage and Utility Easement Property
4
EXHIBIT A
DRAINAGE AND U77UTY EA iENT
PART OF
LOT 64, BLOCK J, THE CASCADES AT THE LEGENDS, PHASE 2
CITY OF THE COLONY, DENTON COUNTY, TEXAS
PROPERTY DESCRIPTION
Being a tract or parcel of land situated in the R.P. Hardin
Survey, Abstract Number 611, City of The Colony, Denton
County, Texas, being that certain tract of land described In
Deed Without Warranty to CASCADES (THE COLONY) HOMEOWNERS'
ASSOCIATION, INC., according to deed thereof recorded in
instrument Number 2008-86267, Official Records of Denton
County, Texas O.R.D.C.T.), and being part of LOT 64, BLOCK
J. THE CASCADES AT THE LEGENDS. PHASE 2, an addition to the
City of The Colony, Texas, according to the plat thereof
recorded in Cabinet Y, Page 421, O.R.D.C.T., and being more
particularly described by metes and bounds as follows;
BEGINNING at a 1/2-inch Iron rod with PACHECO-KOCH cop found
for the south end of a corner clip of the right of way for
Navajo Lane (50-foot width right of way) as dedicated by
sold plot of THE CASCADES AT THE LEGENDS, PHASE 2, and being
the southwest corner of said LOT 64, BLOCK J, THE CASCADES
AT THE LEGENDS, PHASE 2, and being the northwest corner of
LOT 1, BLOCK J. THE CASCADES AT THE LEGENDS, PHASE 2;
THENCE North 25'21'40" East, along said corner clip, a
distance of 27.91 feet to a 1/2-Inch iron rod with PACHECO-
KOCH cap found for the northwest corner of aald LOT 64,
BLOCK J, THE CASCADES AT THE LEGENDS, PHASE 2, and being In
the south right of way line of Memorial Drive, a 120--foot
width right of way, the south DO feet being dedicated by THE
CASCADES AT THE COLONY RIGHT OF WAY DEDICATIONS AND LOT 1,
BLOCK M COMMON AREA, an addition to the City of The Colony,
Texas, accordingg to the plat thereof recorded in Cabinet X.
Page 669, 0.R.D.C.T,, and the north 60 feet being dedicated
by LEGEND BEND PHASE II, an addition to the City of The
Colony, Texas, according to the plat thereof recorded In
Cabinet R. Page 4, O.R.D.C.T., sold Iron rod being the
beginning of a non-tangent curve to the right having a
central angle of 11'28'.33", a radius of 1,330.00 feet, a
tangent length of 133.25 feet, a chord beoring of North
77'16'07" East, and a chord length of 265.17 feet;
THENCE with the south line of said Memorial Drive an arc
distance of 285.81 feet to a 1/2-Inch Iron rod with PACHECO-
KOCH cap found for the point of tangency;
THENCE North 82'59'32" East, continuing along the south Irne
of sold Memorial Drive, a distance of 269.34 feet to a 1/2-
Inch Iron rod with plastic cap stomped TX REG NO 100189-00
found for the beginning of a curve to the right having a
central angle of 04'23'46", a radius of 910,00 feet, a
tangent length of 34.93 feet, a chord bearing of North
85'14'57" East, and a chord length of 69.80 feet;
REVISED JANUARY 37, 2012
V NATHAN D. MAIER CONSULTING ENGINEERS, INC,
TBPE FIRM REG. NO. F'--356 1 OF 3
TBPLS FIRM REG. NO. 10DIB9-00 JANUARY 27, 2012
Two Northpork / BOBO Park Lane / Suite 600 08-11--081,X
Dallas, Texas 75231 / Ph. (214) 739--4741 8081 EX05.DWG
5
DRAINAGE AND U77UTY EASEWENT
PART OF
LOT 64, BLOCK J, THE CASCADES AT THE LEGENDS, PHASE 2
C17Y OF THE COLONY, DENTON COUNTY, TEXAS
PROPERTY DESCRIPTION (continued)
THENOF departing the south line of sold Memorial Drive and
along said curve to the right, on arc distance of 69.82 feet
to a 1/2-inch Iron rod with plastic cap stomped TX REG NO
100189-00 found for corner In the west line of BNSF Railroad
right of way (100-foot width), from whence the northeast
corner of sold LOT 64, BLOCK J, THE CASCADES AT THE LEGENDS,
PHASE 2, bears North 07'00'2B" West, 2.75 feet;
THENCE South 07'00'28" East, along the cast line of said LOT
64, BLOCK J, THE CASCADES AT THE LEGENDS, PHASE 2, and the
west line of sold BNSF Railroad right of way, a distance of
17.25 feet to a 112-Inch Iron rod with PACHECO-KOCH cap
found for the southeast corner of sold LOT 64 and the
northeast corner of LOT 9, BLOCK J, THE CASCADES AT THE
LEGENDS, PHASE 2;
THENCE South 82'59'32" West, departing said BNSF Railroad
right of way and with the south line of sold LOT 64, BLOCK
J. THE CASCADES AT THE LEGENDS, PHASE 2, a distance of
339.03 feet to a 1/2-inch Iron rod with PACHECO-KOCH cap
found for the beginning of a curve to the left having a
central angle of 12'17'24", a radius of 1,310.00 feet, o
tangent length of 141.04 feet, a chord bearing of South
76'50'50° West, and a chord length of 280.46 feet;.
THENCE, along sold curve to the left and with the south line
of said LOT 64, BLOCK J, THE CASCADES AT THE LEGENDS, PHASE
2, an arc distance of 281.00 feet to the POINT OF BEGINNING
and containing 0,2797 acres (12,182 square feet) of land,
more or less,
Bearings for this survey are based on the Western Data
Systems Texas Cooperative Network (www.txrtk.com and are
referenced to NA083 State Plane Coordinate Systern, Texas
North Central Zone 4202. Stations DCOL, MACK and McKinney
were utilized as base stations during GPS data collection
sessions.
jFor,l hon D. ler Consulting Engineers, Inc. JOHN L. MELTON . Mel ton f °p~#4268 aQ
Registered Professional Land Surveyor No. 4628 q y",~+;S4~O~•~lo
SUit
REVISED JANUARY 31, 2012
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TBPE FIRM REG, NO. F-356 2 OF 3
TBPLS FIRM REG. NO. 100169-00 JANUARY 27, 2012
Two Northpark / BOBO Pork Lone / Suite 600 OB-11-081.X
Dallas, Texas 75231 / Ph. (214) 739-4741 8081 EX05.DWG
6
DRAINAGE AND UllUTY EASSWENT
PART OF
LOT 64, BLOCK J, THE CASCADES AT 7HE LEGENDS, PHASE 2
CITY OF THE COLONY, DENTON COUNTY, 7EXAS
1/2' IRP mhr Or
W/PArWCO WQWAV
KOgi CAP
N 11'WE
2781'
r Calcoo
AP
D = 1178'.33"
R = 1.33A 00' 1
g T = 133:25 ' 1
D - 1277'24" L = 265.61 i
R - 1,31Q00' yr C19 = N 77761
Y
T w 141.04' CH - 2ft l7'y
• 1
cep ?s 765060 w 112- IP 11
av = 28iDt46' VAP 1
G 6 0112- IWF Koh cep _ o LE7EIVD ND
PHASE II
cAaIN r rz PACC 4
SCALE.• 1`100' V;; IS' SAWARY
791 CASCADE AT 1HE LE-,END{ S ~~lr►~ _ V L
PHASE 2 F
CABINET Y, PAGE 421` CASC. DE3 (THE COLONY)
° m HOMEOWNERS' ASSOCIATION, INC.
INS7RUM' T}NO. 2008-88267
L/ 1z 182 AG/ EASO" r f a nro woofs -aC
ra it to, cmmw a = 047x48'
N .AREA R = moo,
re rr re ` rs ra n -1-T ~ 3493' ~ .....r-
so ro l L = 68,82
00-N8574'67' E
CH - 69.80' RAILROAD
- r N 07W'261' W 595E
T - ~ - r DP"ACC ~ ra HK7Ai,CAfn r/s" 1RS271' (100' RIGHT OF°-WAY I'A W/CAP SrAypM
W, rAA c Pa r rx Re» NO 1`0009-00
-
W- 24M -90 7170 '280 E
17.25'
REVISED JANUARY 31, 2012
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TBPE FIRM REG. NO. F-358 PAGE 3 OF 3
TBPLS FIRM REG. NO. 100189-00 JANUARY 27, 2012
Two Northpark 8080 Park Lone / Suite 600 08-11-081.X
Dallas, Texas 5231 / Ph. (214) 739-4741 8081EX05.DWG
7
Exhibit B
Depiction and/or Description
of the
Right-of-Way Property
I
8
EXHIBIT A
RIGHT--OF-WAY ACQUIM77ON
FART OF
LOT 64, BLOCK J, THE CASCADES AT THE LEGENDS, PHASE 2
CITY OF THE COLONY, DENTON COUNTY, TEXAS
PROPERTY DESCRIPTION
Being a tract or parcel of land situated In the R.P, Hardin
Survey, Abstract Number 611, City of The Colony, Denton
County, Texas, being that certain tract of land described In
Deed Without Warranty to CASCADES (THE COLONY) HOMEOWNERS'
ASSOCIATION, INC „ according to deed thereof recorded in
Instrument Number 2008-88267, official Records of Denton
County, Texas, and being part of LOT 64, BLOCK J, THE
CASCADES AT THE LEGENDS, PHASE 2, an addition to the City of
The Colony, Texas, according to the plat theraof recorded In
Cabinet Y, Page 421, Official Records of Denton County,
Texas, and being more particularly described by mates and
bounds as follows;
BEGINNING at a 1/2-inch Iron rod with plastic cap stamped TX
REG NO 100189-00 set for the northeast corner of said LOT
64, said corner being the southeast corner of a 60' right of
way dedication for the south half of Memorial Drive as
dedicated by THE CASCADES AT THE COLONY RIGHT OF WAY
DEDICATIONS AND LOT 1, BLACK M COMMON AREA, an addition to
the City of The Colony, Texas, according to the plat thereof
recorded in Cabinet X, Page 669, Official Records of Denton
County, Texas, and being In the southwest line of the BNSF
Railroad right of way (100-foot width);
THENCE South 07'00'28" East, along the southwest line of
said BNSF Railroad right of way, a distance of 2.75 feet to
a 1/2--Inch iron rod with plastic cap stamped TX REG NO
100189-00 set for the beginning of a non-tangent curve to
the left having a central angle of 04'23'46", a radius of
910.00 feet, a tangent length of 34.93 feet, a chord bearing
of South 85'14'57' West, and a chord length of 69,80 feet,
from whence a 1/2-inch Iron rod with PACHEKO-KOCH cop found
bears South 07'00'26" East, 17.25 feet;
THENCE departing sold BNSF Railroad rlght of way, along sold
non-tangent curve to the left an arc distance of 69.82 feet
to a 1/2-inch Iron rod with plastic cap stamped TX REG NO
100189-00 set for corner, sold iron rod being in the
southerly line of sold Memorial Drive;
THENCE North 82'59'32" East, along the southerly right-ot-
way line of sold Memorial Drive, a distance of 69.75 feet to
the POINT OF BEGINNING and containing 0.0015 acres (64.71
square foot) of land, more or less.
REVLSEO FEBRUARY 02, 2012
REVISED AUGUST 11, 2011
V NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TSPE FIRM REG. NO. F-356 1 OF 3
TBPLS FIRM REG. NO. 100189-00 AUGUST 2, 2011
Two Northpark 8080 Park Lane / Suite 600 OS-11-081.8
Dallas, Texas 75231 / Ph. (214) 739--4741 8081 EXO1.DWG
9
RIGHT--01- WAY ACQUISYTION
PART OF
LOT 64, BLOCK J, THE CASCADES AT THE LEGENDS, PHASE 2
CITY OF THE COLONY, DENTON COUNTY, TEXAS
Bearings for this survey are based on the Western Onto
Systems Texas Cooperative Network (www.txrtk,com) and are
referenced to NA083 State Plane Coordinate System, Texas
North Central Zone 4202. Stations DCOL, DMCK and McKinney
were utlllzed as base stations during GPS data collection
sessions,
F6-1h,o3n D. aler Consulting Engineers, Inc,
OF
Jo Melton
gistered Professional Land Surveyor No. 4628 JOHN L. MELTON
q #Q288 p`:•~
~N~ht~s~0+
SUtty
REVISED FEBRUARY 02, 2012
REV SED AUGUST 11, 2011
NATHAN D. MAZER CONSULTING ENGINEERS, INC.
T8PE FIRid REG. NO. F-356 2 OF 3
TBPLS FIRM REG, NO, 100189-00 AUGUST 2, 2011
Two Northpark / 8080 Park Lane / Suite 600 08--11-081.8
Dallas, Texas 75231 / Ph. (214) 739-4741 8081EX01.DWG
10
RIGHT-OF-WAY ACQUISITION
PART OF
LOT 64, BLOCK J, THE CASCADES AT THE LEGENDS, PHASE 2
CITY OF THE COLONY, DENTON COUNTY, TEXAS
lilt
° pRIVE
SCALE:40' J''McA~ a` WAY) A.pAfS A~/ PANT OF
6g 64,71 SO. FT. BEG9NNINO
caarler x PACE 6
CASCADES (THE COLONY) m
HOMEOWVERS' ASSOCIATION, INC, N 82159,32» E Ixs 50?~28 E
INSTRUMENT NO. 2008-88267 69.75 IRS
1R5
S 0T0026" E
Cp,~fkfON 17.25'
eUF>ER 64 AREA 1/2"IRF
20' LANDSCAPE W/PACHECO KOCH CAP
PUBLIC ACCESS EASEMENT' D - 0473'46»
R-91a.00'
T - 34,93'
L - 69.82'
CS - S 8594'57" W $
7HE CASCADE Ar THE LEGENDS Ch - 69,80'
PHASE 2
CABINET Y, PACE 421
COA,fMON AREA
Q ~o
9
8
10
11
12
13
IRS DENOTES 712 INCH rRaV ROO
KT7H CAP SrAMPEO IX REO NO 100189-00
14
REVISED FEBRUARY 02, 2012
REVISED AUGUST 11, 2011
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TOPE FIRM REG. NO. F-356 3 OF 3
TGPLS FIRM REG. NO. 100189-00 AUGUST 2, 2011
Two Northpark / 8080 Park Lane / Suite 600 08-11-081.8
Dallas, Texas 75231 / Ph. (2,14) 739-4741 8081EX01.DWG
11