HomeMy WebLinkAboutRes 2020-11-816 Acquisition of Sewer EasementCITY OF ANNA, TEXAS
RESOLUTION NO. r��..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING
THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT
SANITARY SEWER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND
UNDER 1.229 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY
CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND
UNDER 1.219 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE
CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO
ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT
LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT
DOMAIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna plans to construct and/or install sanitary sewer lines and
associated appurtenances to meet the public need to provide sanitary sewer system
improvements to benefit the City of Anna, its citizens and the general health, safety and
welfare; and
WHEREAS, it is necessary to acquire a certain permanent sanitary sewer line easement
not now held by the City of Anna for such sanitary sewer system improvements; and
WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the
acquisition of said easements and/or to pursue the easements under power of eminent
domain; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful
consideration, finds that a public necessity exists for acquisition of a permanent sanitary
sewer line easement and a temporary construction easement, respectively providing
limited rights on and under 1.229 acres of real property, more or less, and 1.219 acres of
real property, more or less, said tracts being more particularly described in Section 2 of
this resolution, for the purposes of constructing, laying, maintaining, repairing and/or
replacing of sanitary sewer lines and related appurtenances, and benefiting the public
health, safety and welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Incorporation of Recitals; Purpose
1.01 The City Council finds that the above -stated recitals are true and correct and said
recitals are incorporated herein as if set forth in full for all purposes.
CITY OF ANNA, TEXAS RESOLUTION NO, Lic PAGE 1 OF 6
1.02 This resolution is intended to comply in all respects with Texas Government Code
§ 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas
Property Code § 21.001 et seq., to the extent the provisions of such statutes are
applicable, and to comply with all other applicable law.
1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's
powers of eminent domain under Texas Local Government Code § 251.001 and
any and all other applicable law.
Section 2. Easements to be Acquired
(a) The necessary permanent sanitary sewer line easement sought to be acquired
will provide limited rights on and under a portion of a tract of real property, said
portion totaling approximately 1.229 acres of real property (the "Permanent
Sanitary Sewer Line Easement"), held by MJLA Adams, Ltd. and/or others.
Said approximate 1.229 acres of real property is generally aligned and
described as shown in Exhibit A, attached to this resolution and incorporated
herein by reference as if fully set forth for all purposes. The precise permanent
easement to be acquired may differ from what is shown in said alignment and
description but said alignment and description approximates the general route
and general area of the permanent sanitary sewer line easement to be
acquired.
(b) The necessary temporary construction easement sought to be acquired will
provide temporary limited rights on and under a portion of a tract of real
property, said portion totaling approximately 1.219 acres of real property (the
"Temporary Construction Easement"), held by MJLA Adams, Ltd. and/or
others. Said approximate 1.219 acres of real property is generally aligned and
described as shown in Exhibit A, attached to this resolution and incorporated
herein by reference as if fully set forth for all purposes. The precise temporary
easement to be acquired may differ from what is shown in said alignment and
description but said alignment and description approximates the general route
and general area of the temporary construction easement to be acquired.
Section 3. Finding of Public Necessity and Authorization to Take Action
3.01 The City Council finds a public necessity for the public welfare and convenience to
acquire the Permanent Sanitary Sewer Line Easement and Temporary
Construction Easement identified in Section 2, above, for the purpose of
constructing, laying, maintaining, repairing and/or replacing sanitary sewer lines
CITY OF ANNA, TEXAS RESOLUTION NO, 1& PAGE 2 OF 6
and related appurtenances. The City Council authorizes the City Manager, City
staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP,
attorneys, and other legal counsel if determined necessary by said attorneys, to
acquire the needed Permanent Sanitary Sewer Line Easement and Temporary
Construction Easement by any lawful means including but not limited to
negotiations with landowners and, if necessary, proceedings in eminent domain.
3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe,
Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary
by said attorneys —as necessary and in the appropriate sequence —to have the
Permanent Sanitary Sewer Line Easement and Temporary Construction
Easement appraised by a certified appraiser, to send the landowner(s) a copy of
the appraisal and the State of Texas Landowner's Bill of Rights prepared by the
Office of the Attorney General of Texas, to enter into good -faith negotiations with
the landowner(s), to make a bona -fide offer and make any necessary initial and
final monetary offers in an attempt to acquire the Permanent Sanitary Sewer Line
Easement and Temporary Construction Easement consistent with the appraisal(s),
when appropriate, and to convey the City's desire to acquire the Permanent
Sanitary Sewer Line Easement and Temporary Construction Easement in an
efficient manner, and, if necessary, to institute proceedings in eminent domain and
take all necessary actions in such proceedings to condemn and acquire the
Permanent Sanitary Sewer Line Easement and Temporary Construction
Easement. The City Council hereby authorizes and ratifies any such actions taken
thus far, and hereby further asserts its full authority, to the greatest extent provided
by law, to acquire the Permanent Sanitary Sewer Line Easement and Temporary
Construction Easement identified in Section 2, above.
Section 4. Effective Date.
This resolution shall take effect immediately upon its passage.
PASSED AND APPROVED by the City Council of the City of Anna,
Texas, this/lday
CITY OF ANNA, TEXAS RESOLUTION NO. �(„� PAGE 3 OF 6
a reel JL-j( 1 ( i L.&"II fo 0 7 R1 l L.
0510112019
EXHIBIT "A"
C arcei 1 V o z
City ofAnna
FIELD NOTE DESCRIPTION
PERMANENT SANITARY SEWER EASEMENT
CITY OF ANNA, TEXAS
Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across
Tract 3 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 101 acre tract conveyed
to MJLA Adams, LTD. by deed recorded in Instrument Number 20110505000462570 of the Deed Records of
Collin County, Texas (D.R.C.C.T.), said 40-foot wide Permanent Sanitary Sewer Easement being more
particularly described as follows;
BEGINNING at a point for corner, said point being on an established fence line and on the south property line
of said 101 acre MJLA tract and being on the north property line of Tract 4 in the H.T. Chenoweth Survey,
Abstract 158, Collin County, Texas, a called 106.488 acre tract conveyed to John Hampton Rattan by deed
recorded in Instrument Number 19960829000742040 of the D.R.C.C.T., said point bearing S 89°58'22" W, a
distance of 3,526.83 feet from a 1/2-inch iron rod found on the southeast property corner of said 101 acre
MJLA tract, on the northeast property corner of Tract 6 in the H.T. Chenoweth Survey, Abstract 158, Collin
County, Texas, a called 35.00 acre tract conveyed to John Hampton Rattan by deed recorded in Instrument
Number 19960829000742040 of the D.R.C.C.T., on the west property line of Tract 2 in the John Ellett
Survey, Abstract 295, Collin County, Texas, a called 107.7 acre tract conveyed to John Rattan & Estate of
Dow & Sue Rattan c/o John Rattan by deed recorded in Instrument Number 20090915001153020 of the
D.R.C.C.T., said point also bearing S 16°32'55" W, a distance of 1,073.31 feet from a 1/2-inch iron rod found
on an easterly interior property corner of Tract 19 in the H.T. Chenoweth Survey, Abstract 158, Collin
County, Texas, a called 204.371 acre tract conveyed to Twin Rivers Estates, LLC. by deed recorded in
Instrument Number 20080229000243760 of the D.R.C.C.T., and the southwest property corner of Tract 2 in
the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 216.801 acre tract conveyed to
Verla Sue Holland & Maurine Dickey by deed recorded in Instrument Number 19950216000110690 of the
D.R.C.C.T.;
THENCE, N 87°04'49" W, along said fence line and the common property line of said 101 acre MJLA tract
and said 106.488 acre Rattan tract, a distance of 79.15 feet to a point for corner;
THENCE, N 72010'53" E, departing said common property line, a distance of 36.69 feet to a point for corner;
THENCE, N 50006'34" E, a distance of 867.64 feet to a point for corner;
THENCE, N 03054'37" E, a distance of 451.31 feet to a point for corner, said point being on an established
fence line and on the common property line of said 101 acre MJLA tract and said 216.801 Holland tract;
THENCE, S 88051'3 8" E, along said common property line, a distance of 40.05 feet to a point for corner;
THENCE, S 03054'37" W, departing said common property line, a distance of 470.31 feet to a point for
corner;
HAProjects\A.nna1201 S 149 Hurricane Creek SS -Line MEasernent Plats\Descriptionsl201 S 149 Parcel 62.doc page I of 3
L rLei lJiA s IL.L L4I14;01 Lr A ,LJ.
0510112019
EXHIBIT "At'
rarcec ivo /
City of Anna
THENCE, S 50006'34" W, a distance of 860.64 feet to the POINT OF BEGINNING, said 40-foot Permanent
Sanitary Sewer Easement containing 1.229 acres (53,516 square feet) of land, more or less.
Also a 40-foot wide temporary construction easement being immediately adjacent to and parallel with the
easterly legs of the above described Permanent Sanitary Sewer Easement and containing 1,219 acres (53,095
square feet) of land, more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD--83,
Texas North Central Zone 4202.
2. Field survey concluded on 12/27/2018.
3. An Easement Plat of even date herewith
accompanies this Field Note Description.
Gary C. Hendricks, P.E., R.P.L.S.
Texas Registration No. 5073
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600
Dallas, Texas 75243
i
J
r,,
0F.I
a
GARY CLINTON HENDRICKS
■............s................r■
5073
.•e. PPP S S \ O.-a' 0
SUR\�
HAProjects\Anna12018149 Hurricane Creels SS -Line MEasement Plats\Descriptions12018149 Parcel 02.doc Page 2 of 3
f
L�
u
Q
w
Z a
X
W
v
co
WN
cn tW- an, v
Q •ao
j m � N
�Np
a"4
I •
z_ z
z
U) Z
3
■
8
n
zv
A/ T
a • • I
U L7
W 0
X PF)
w :�
LZ Eo
W T
cr- in
o0ol"
I
w
W
C]
w
r�
oW �
_r Ob
lux �CD
ccM4
0 co
��v
tC?
,�- v m
z r`'
a:a
09 z
z
Q
to
0
Z
CD
W
c3
z_
�
v
•--
Q
Q.
Y
� o
o Q,
W �
Z,MO
,C-) 4O
�, 0: ::
� o
BORN
NNE
Q7
_ o
w z
..] Z
�Ri
W
W
W
Z r
---3 t�1!
a
• o
w a
C,
W
1
.�
a -�
w
F—
.�j
CD"
W �0.
W
co
cc,)>
H ary
W z
Q
W
Q Z
Z�A
J
C++
� �5 'N y
Q w 0
Z
Z0Z�
W
Z
Q>
a�
W
a
a,
` �3:
��
��-rrrs C� rrr■
■
Ix 0
- . !
09
■
LU. ''�
twi
0
00
'
• ���r
y
�]
00
0 Cr
Z Ln
w
LO
r !
R • • •
�- v • . .�y ! -
94, iC. ! • .
��.`i �
r❑�
yew r
� �'r]
: i � r
•
•
m
0
.Z
UN
.
Z CV
W cA
LLI
-
►'Z
w ao
LL
[�
f'.
T
� � f
2 M
Q
�'LnMv
!a 8
I ppN
PJ
�d 00
SR=
j
z r
? rr}' N
F.. Od N _m
^
`
�'►
1+7
v
Z
W W
z W
t v v
cn
UdWN W Q�
.t Cl
C) W ML
Z Zix
U
oU
o%F
ix c..�
1409
Ot+DW0006=9G6l z
'ON 1SNl z cn
SMOV 00•5C a� — W 9
(sg lsed 5 lam} � CL:
�z
Nd11Yd NO1dVM NHOP maa. � a�
z+» nl wi
6MP70 laoaod 6k l8 LOZ♦Slold♦s:Pld IuawasDAs oun- ss jaaao auoolunH 6-kt8 LOZ\ouud\s4aafoad\:H OdOJMYd33 -- 5 L/OZ/9 --a35IA38