HomeMy WebLinkAboutResolution No. 2012-020
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2012-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, DECLARING THE NECESSITY TO ACQUIRE AN
APPROXIMATELY 0.0673 ACRE TRACT OF PROPERTY FOR RIGHT-OF-
WAY PURPOSES, AS PART OF THE CITY OF THE COLONY'S
MEMORIAL - SPRING CREEK CONNECTOR PROJECT, AND SITUATED
GENERALLY IN THE R.P. HARDIN SURVEY, ABSTRACT NO. 611, CITY
OF FRISCO, 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, on May 28, 1998, the City of The Colony, Texas (hereinafter referred to as the
"City"), entered into the "Stewart Creek West Regional Wastewater System Contract" with the City of
Frisco, Texas (hereinafter referred to as "Frisco'), and the North Texas Municipal Water District
(hereinafter referred to as "NTMWD"); and
WHEREAS, the City subsequently sued NTMWD and Frisco for various causes of action
arising out the Stewart Creek West Regional Wastewater System Contract, involving the expansion of
the North Texas Regional Wastewater System known as Stewart Creek West; and
WHEREAS, on February 25, 2010, the parties entered into a Settlement Agreement
concerning the Stewart Creek West Regional Wastewater System Contract; and
WHEREAS, Section 7 of the Settlement Agreement provides for cooperation between the City
and Frisco regarding the extension of Memorial Drive, and provides that the City "at its sole expense
[shall] obtain all right-of-way, easements, and required permitting" concerning the Memorial - Spring
Creek Connector Project, and provides "[a]ll portions of the right-of-way within the Frisco city limits
will be obtained on behalf of Frisco and all deeds shall provide that ownership of such right-of-way is
solely in the name of Frisco"; and
WHEREAS, the City Council of the City (hereinafter referred to as the "City Council"),
has determined that an approximately 0.0673 acre tract of land situated in the R.P. Hardin Survey,
Abstract No. 611, City of Frisco, Denton County, Texas (hereinafter referred to as the "Property"),
and more particularly described and depicted in Exhibit A, which is 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 Property for the construction of the City of The
Colony's Memorial - Spring Creek Connector Project; and
WHEREAS, the City Council desires to acquire the 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 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 Property in fee simple and, if unsuccessful in purchasing the Property
in fee simple, to institute condemnation proceedings to acquire said 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 Property for the construction of the
Memorial - Spring Creek Connector Project, as part of the City of The Colony's Memorial - Spring
Creek Connector Project and to acquire the 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 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 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 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 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 Property in fee simple.
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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 20th day of March, 2012.
e McCourr, Mayor
AT E .
Christie Wilson, City Secretary
APPROVED AS TO FORM:
1f 3
Jeff Moore, '~City Attorney << .
I
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Exhibit A
Depiction and/or Description of the Property
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EXHIBIT A
RIGHT OIF=WAY ACQUISI77ON
PAR r Of
WHI7EFORD LIMI TED fAR7NERSHiP TRACT
CITY OF FRiSCO, DENTON COUNTY, TEXAS
PROPERTY DESCRIPTION
Being a tract or parcel of land situated In the R.P. Hardin
Survey, Abstract Number 611, City of Frisco, Denton County,
Texas, and being part of that called 3,00 acre tract of land
described in deed to Whiteford Limited Partnership as
recorded Instrument Number 2D08-3157, Real Property Records
of Denton County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2-inch Iron rod with McCULLAH SURVEYING cap
found for the southwest corner of said Whiteford tract, said
corner being in the easterly line of the BNSF Railroad right
of way (100-foot width) and being the northwest corner of
that certoln tract of land described in dead to Texas
Industries, Inc., as recorded In Instrument Number 94-
0011703, Real Property Records of Denton County, Texas;
THENCE North 07'00'28" West, olong the easterly line of sold
BNSF Railroad right of way, a distance of 22.49 feet to a
1/2 inch iron rod with plostlc cop stomped TX REG NO 100189-
00 set for the southwest corner of Town and Country
Boulevard right-of-way as dedicated in STONEBRIAR/WESTON
ADDITION, on addition to the City of Frisco according to the
plat thereof recorded in Cabinet T, Page 375, Official
Records of Denton County, Texas;
THENCE North 69'36'42" East, departing the easterly line of
sold BNSF right of way and along the southeast line of said
Town and County Boulevard right-of-way, a distance of 15.81
feet to a 1/2 inch Iron rod with plastic cap stomped TX REG
NO 100189-00 set for the beginning of o non-tongent curve to
the right having a central angle of 09'08'30", a radius of
1,030.00 feet, o tangent length of 82,35 feet, a chord
bearing South 82'01'46" East, and a chord distance of 164.17
feet, from which a 1/2 Inch Iron rod with cop found bears
North 69'38'42" E, 848.89 feet;
THENCE departing sold southeast line of sold Town and
Country Boulevard right of way and along said non-tangent
curve to the right on are distance of 164,34 feet to a 1/2-
Inch Iron rod with plastic cop stamped TX REG NO 100189-00
set for corner, said Iron rod being in the south line of
sold Whiteford Limited Partnership tract and the north line
of the aforementioned Texas Industries, Inc, tract;
THENCE South 88'20'20" West, along the south line of sold
Whiteford Limited Partnership tract and the north line of
sold Texas Industries, Inc. tract, a distance of 174.73 feet
to the POINT OF BEGINNING and containing 0.0673 acres (2,931
square feat) of land, more or lass.
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TBPF FIRM REG. NO, F--356 1 OF 3
TBPLS FIRM REG, NO. 100189-00 AUGUST 2, 2011
Two Northpark / 8080 Park Lane / Suite 600 08-11-081.8
Doilas, Texas 75231 / Ph. (214) 739-4741 8081 EX02,DWG
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R16HT- QF WAY ACQUIM)70N
PART OF
WHITEFORD LIMITED PARTNERSHIP 77?ACT
CITY OF FRISCO, DENTON COUNTY, TEXAS
Bearings for this Survey are based on the Western Data
Systems Texas Cooperative Network (www.txrtk.coro) and are
referenced to NAD83 State Plane Coordinate System, Texas
North Central Zone 4202. Stations DCOL, DMCK and McKinney
were utilized as base stations during GPS data collection
sessions.
For Nathan A. Maier Consulting Engineers, Inc.
flohn L. Me I ton
Registered Professional Land Surveyor No. 4628 Cq JOHN I-,°FAELi-ON T
~r42t~8
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TBPE FIRM REG. NO, F-356 2 OF 3
TBPLS FIRM REG. NO. 100189-00 AUGUST 2, 2011
Two Northpark / 8080 Park Lone / Suite 600 08-11-081.9
Dallas, Texas 75231 / Ph. (214) 739-4741 8081FX02.0WG
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RIGW QF-WAY ACQUIS177ON
PART OF
WHI TEFORD LIM1 TED PARTNERSHIP TRACT
CITY OF FRISCO, DENTON COUNTY, TEXAS
S TONEBRIARIPIESTON ADD/ 170N
CABINET T, PACE 376
TOWN AND COUNTRY BLVD.
RIGHT OF WAY DEDICATION
CABIVET T, PACE ,376
ds09~830" 1/2° rRF
R-1 030.00' wicAP
r-82.3.x' r-°
1379
L-164,34'
0.0673 AC. CB-S 82171'46" 1 9
2,931 SO FT. CL-164,17' e~ae
E
&'42°
N 69.3
N 69;36'42" E WHIIEFORD LIMITED PARTNERSHIP
NO. 2008-3157
15.61' INSTRUMENT NO
!RS
O
1RS
[~l IRS
talV~ S 88x020 W 174.73'
'R yfQRIAL DE RIVE I 2" IRF 3
1„
1 EM T_ar~ ryl.Yl W/11
R~~ lcCULLAH SURYEYINC CAP
C Y
2U' PAGF. 669 v
ArrNFr Y' TEXAS INDUSTRIES, INC. 4r
POW OF INS717UMENT NO. 94-0011703 v
B+kt7NN1NG
s4 ~ ,
c~3
9 o m ~m
o i Z
7 x a IRS DENO7ES 112 INCH IRON ROD E%
10 0 V47H CAP STAMPED TX REG NO 100169-00
T 1 a
a
12 v
13
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THE CASCADE AT THE LECE.12S1_~
PHASE 2
CAl3INET Y, PAGE 421 1B Q o
17
1"-1001
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TBPE FIRM REG, NO. F--356 3 OF 3
TOPLS FIRM REG. NO, 100189-00 AUGUST 2, 2011
Two Northpark / 8080 Park Lane / Suite 60D 08-11-081.8
Dallas, Texas 75231 / Ph. (214) 739-4741 8D81 EX02.DWG
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