HomeMy WebLinkAboutRes 2022-01-1095 Dickey Sewer EasementCITY OF ANNA, TEXAS
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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 EASEMENT ON AND UNDER 2.869 ACRES OF REAL
PROPERTY AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING
LIMITED RIGHTS ON AND UNDER 2.869 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 public sanitary sewer
utilities 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 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 easement on and under 2.869 acres of real property and a temporary
construction easement providing limited rights on and under 2.869 acres of real
property, said tracts being more particularly described in Section 2 of this resolution, for
the purposes of constructing, laying, maintaining, repairing and/or replacing of public
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. PAGE 1 OF 7
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 easement sought to be acquired on
and under a portion of a tract of real property, said portion totaling
approximately 2.869 acres of real property (the "Permanent Sanitary Sewer
Line Easement"), held by the Verla Sue Holland & Maurine Dickey and/or
others. Said approximate 2.869 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 sanitary sewer 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 easement to be acquired.
(b) The necessary temporary construction easement sought to be acquired will
provide limited rights on and under a portion of a tract of real property, said
portion totaling approximately 2.869 acres of real property (the "Temporary
Construction Easement"), held by Verla Sue Holland & Maurine Dickey and/or
others. Said approximate 2.869 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
construction 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 Easement and
Temporary COnstruction Easement identified in Section 2, above, for the
purpose of constructing, laying, maintaining, repairing and/or replacing public
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 7
sanitary sewer lines 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
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 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
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 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 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 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 25t" day
of January, 2022.
ATTESTED:
Carrie L. Land, City Secretary
CITY OF ANNA, TEXAS
b�s0 hie Pike, Mayor
f / 7Y 'Oeaa •°8�y
'Slr
��l�llll 11 111\+
RESOLUTION NO.
PAGE 3 OF 7
Exhibit A
PERMANENT SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Verla Sue Holland &Maurine Dickey, (hereinafter called
"Grantor"), in consideration of one dollar ($1.00) and other good and valuable consideration paid by the City of
Anna, Texas, (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged, do
hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual
easement with the right to erect, install, construct, and lay and thereafter use, operate, inspect, repair, maintain,
replace, and remove sanitary sewer lines and appurtenances in and through Grantor's land, a tract of land for a
40400t width Permanent Sanitary Sewer Easement and being under, over and across Tract 2 in the H.T.
Chenoweth Survey, Abstract 158, Collin County, Texas, a called 216.801 acre tract conveyed to Verla Sue
Holland and Maurine Dickey by deed recorded in Instrument Number 19950216000110690 of the Deed Records
of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lands
for the purpose for which the above mentioned rights are granted. The easement hereby granted shall be a
124,972 square foot sanitary sewer easement, being more particularly described in Easement Exhibit "A",
attached hereto and made an integral part of this easement.
There is also hereby granted a temporary construction easement 40 feet in width being more pazticularly
described in Easement Exhibit "A", attached hereto and made an integral part of this easement, for the purpose
of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to
end when construction of same is completed but not later than one year after the date of execution of this
document, as acknowledged below.
The consideration recited herein shall constitute payment in full for all damages sustained by Grantors by resrson
of the installation of the structures refen•ed to herein and the Grantee will maintain such easement in a state of
good repair and efficiency so that no unreasonable damages will result fiom its use to Grantors' premises. This
Agreement together with other provisions of this grant shall constitute a covenant running with the land for the
benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above
described lands and that said lands are face and clear of all encumbrances and liens except the following:
IN WITNESS WHEREOF the said Grantor(s) has/have executed this instrument this _day of
, 2021.
Verla Sue Holland
By:
Print Name:
Mau tine Dickey
By:
Print Name:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally
appeared & known to me to be the porson (s)
whose name (s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they)
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _ day of 12021
(Seal)
Notary Public, State of Texas
r erla Sue Hollan &Maurine Uickey
5/O112019
Exhibit A
EXHIBIT "A"
FIELD NOTE DESCRIPTION
PERMANENT SANITARY SEWER EASEMENT
CITY OF ANNA, TEXAS
Parcel No 3
City ofAnna
Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across
Tract 2 in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, a called 216.801 acre tract
conveyed to Verla Sue Holland and Maurine Dickey by deed recorded in Instrument Number
19950216000110690 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 40400t 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
oI said 216.801 acre Holland tract and being on the north property line of 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 D.R.C.C.T., said point bearing N 70°27'28" W, a
distance of 3,050.16 feet from a 1/24nch 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 88°51'38" E, a distance of 346.74 feet from a 1/24nch 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 said 216.801 acre
Holland tract;
THENCE, N 03054137" E, departing the common property line of said 216.801 acre Holland tract and said 10
acre MJLA tract, a distance of 544.75 feet to a point for corner;
THENCE, N 22030'10" E, a distance of 999.98 feet to a point for corner;
THENCE, N 03°45'20" E, a distance of 496.35 feet to a point for corner;
THENCE, N 05012'03" W, a distance of 828.18 feet to a point for corner;
THENCE, N 02° 16'30" E, a distance of 254.63 feet to a point for corner, said point being on the north
property line of said 216.801 acre Holland tract and on the south properly line of Tract 1 in the H.T.
Chenoweth Survey, Abstract 158, Collin County, Texas, a called 115.9 acre tract conveyed to Virgil Wren
Miller by deed recorded in Instrument Number 20041228001841810 in the D.R.C.C.T.;
THENCE, S 88°56'23" E, along said common property line, a distance of 40.01 feet to a point for corner;
THENCE, S 02° 16'30" W, departing said common property line, a distance of 252.86 feet to a point for
corner;
THENCE, S 05012'03" E, a distance of 828.70 feet to a point for corner;
THENCE, S 03°45'20" W, a distance of 506.08 feet to a point for corner;
If �PmjatsWw�2018149 Hu"icane Creek SSLine OV +�,i ei.u+n�Pr�uo�sia9 eur�ioi.a�,: Page l oj3
Vera Sue Hol(an &Maurine Drckey
S/O1/2019
Exhibit A
1';XHIBIT "A"
THENCE, S 22°30 10 W, a distance of 1,000.03 feet to a point for corner;
Pm•ce! No 3
Ciry orAnna
THENCE, S 03°54'37" W, a distance of 536.26 feet to a point for corner, said point being on the said fence
line and on the common property line of said 216,801 acre Holland tract and said 101 acre MJLA tract;
THENCE, N 88°51'38" W, along said fence line and said common property line, a distance of 40.05 feet to
the POINT OF BEGINNING, said 40-foot Permanent Sanitary Sewer Easement containing 2.869 acres
(124,972 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 2.869 acres (124,959
square feet) of land, more or less.
Notes:
I. 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
....:......................:....
GARY CLINTON HENDRICKS
,4A 5073
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PERMANENT SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Verla Sue Holland & Maurine Dickey, (hereinafter called
"Grantor"), in consideration of one dollar ($1.00) and other good and valuable consideration paid by the City of
Anna, Texas, (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged, do
hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a perpetual
easement with the right to erect, install, construct, and lay and thereafter use, operate, inspect, repair, maintain,
replace, and remove sanitary sewer lines and appurtenances in and through Grantor's land, a tract of land for a
40400t width Permanent Sanitary Sewer Easement and being under, over and across Tract 2 in the H.T.
Chenoweth Survey, Abstract 158, Collin County, Texas, a called 216.801 acre tract conveyed to Verla Sue
Holland and Maurine Dickey by deed recorded in Instrument Number 19950216000110690 of the Deed Records
of Collin County, Texas (D.R.C.C.T.) together with the right of ingress and egress over Grantors' adjacent lands
for the purpose for which the above mentioned rights are granted. The easement hereby granted shall be a
124,972 square foot sanitary sewer casement, be*Ing more particularly described in Easement Exhibit "A",
attached hereto and made an integral part of this easement.
There is also hereby granted a temporary construction easement 40 feet in width being more particularly
described in Easement Exhibit "A", attached hereto and made an integral part of this easement, for the purpose
of constructing a sanitary sewer line and appurtenances, the term of which temporary construction easement to
end when construction of same is completed but not later than one year after the date of execution of this
document, as acknowledged below.
The consideration recited herein shall constitute payment in fuh for all damages sustained by Grantors by reason
of the installation of the structures referred to herein and the Grantee will maintain such easement in a state of
good repair and efficiency so that no unreasonable damages will result from its use to Grantors' premises. This
Agreement together with other provisions of this grant shall constitute a covenant running with the land for the
benefit of the Grantee, its successors, and assigns. The Grantors covenant that they are the owners of the above
described lands and that said lands are fi•ee and clear of all encumbrances and liens except the following:
IN WITNESS WHEREOF the said Grantor(s) has/have executed this instr-riment this day of
2021.
Verla Sue ]Elolland
By:
Print Name,
STATE OF TEXAS
COUNTY OF COLLIN
Maurine Dickey
By:
Print Name:
ACKNOWLEDGMENT
BEFORE ME, the undersigned, a Notary Public in arrd for said County and State, on this day personally
appeared & known. to me to be the person (s}
whose name (s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they)
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _ day of 120214
(Seal)
Notary Public, State of Texas
iferla Sue Hollan & Maurine Dickey
S/01/2019
EXHIBIT "A"
FIELD NOTE DESCRIPTION
PERMANENT SANITARY SEWER EASEMENT
CITY OF ANNA, TEXAS
Parcel No 3
City of Anna
Being a tract of land for Permanent Sanitary Sewer Easement 40-foot width and being under, over and across
Tract 2 in the H.T. Clenoweth Survey, Abstract 158, Collin County, Texas, a called 216.801 acre tract
conveyed to Verla Sue Holland and Maurine Dickey by deed recorded in Instrument Number
19950216000110690 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 40400t wide
Permanent Sanitary Sewer Easement being more particularly described as follows;
BEG�G ata pointfor corner, said point being on an established fence line and on the south property line
of said 216.801 acre Holland tract and being on the north property line of 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 D.R.C.C.T., said point bearing N 70°27'28" W, a
distance of 3,050.16 feet from a 1/24nch 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 88051'38" E, a distance of 346.74 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 said 216.801 acre
Holland tract;
THENCE, N 03054'37" E, departing the common property line of said 216.801 acre Holland tract and said 101
acre MJLA tract, a distance of 544.75 feet to a point for corner;
THENCE, N 2290' 10" E, a distance of 999.98 feet to a point for corner;
THENCE, N 03045'20" E, a distance of 496.35 feet to a point for corner;
THENCE, N OS° 12'03" W, a distance of 82$.18 feet to a point for corner;
THENCE, N 02° 16'30" E, a distance of 254.63 feet to a point for corner, said point being on the north
property line of said 2 i 6.$O 1 acre Holland pact and on the south property line of Tract 1 in the H.T.
Chenoweth Survey, Abstract 158, Collin County, Texas, a called 115.9 acre tract conveyed to Virgil Wren
Miller by deed recorded in Instrument Number 20041228001841810 in the D.R.C.C.T.,
THENCE, S 88056`23" E, along said common property line, a distance of 40.01 feet to a point for corner;
THENCE, S 02116'30" W, departing said common property line, a distance of 252.86 feet to a point for
corner;
THENCE, S 05012'03" E, a distance of 828.70 feet to a point for corner;
THENCE, S 03°4520" W, a distance of 506.08 feet to a point for corner;
H:\ProjectslAnnai20181A9Huaicane Creek SS•Line I31Enscment Plats\Descriptions\2018149 Parcel 03.d°c Page 1 Of 3
Verla Site Hollan & Maurine Dickey
510112019
X UIBI I "A"
THENCE, S 22°3010 W, a distance of 1,000.03 feet to a point for corner;
Parcel No 3
Ciry ofAnna
THENCE, S 03°54'37" W, a distance of 536.26 feet to a point for corner, said point being on the said fence
line and on the common property line of said 216.801 acre Holland tract and said 101 acre MJLA tract;
THENCE, N 88°5l'38" W, along said fence line and said common property line, a distance of 40.05 feet to
the POINT OF BEGINNING, said 4046ot Permanent Sanitary Sewer Easement containing 2.869 acres
(124,972 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 2.869 acres (124,959
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
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ill North Powell parkway, Anna, 7x 75409
Phone.,972-924-3325 www.annatexas.gov
December 13, 202i,
RE: Right-of-Entry'Request
City of Anna — East Fork Regional Sewer Line B / Parcel 8
Tract 2 HT Chenoweth Survey, Abstract 159
bear Ms. Holland and Ms, hickey,
DELIVERY METHOD Via: (US Postal Service
or Email Delivery)
Alliance Geotechnical Group has been contracted by the City of Anna to provide Land Surveying services for the
regional sewer extenslon south of FM455. The alignment may be located or adjacent to, or near your property. No
changes have been made or will be made to current easements or alignments.
By means of this letter we are respectfully requesting Right -of -Entry. access to your property to perform 1j,
topographic survey, 2). boundary survey, 3). site visit and visual Inspection by staff, and 4). geotechnicai sampling,
No damage to your property will occur and we will make every effort to leave your property in the same condition
as when we arrived, in our search for property corners, we may be required to dig small holes, but the ground will
be replaced to Its original condition. This is needed to finalized construction plans.
if you agree to allow access to your property for these purposes, please sign below and return one copy of this
letter in the enclosed, self-addressed stamped envelope, by mail using the enclosed self-addressed stamped
envelope, or email to gpeters@annatexas,gov. In addition, please add a specific contact name, phone number, and
gate code if no personnel will be available. You may add specific issues or concerns you want us to address (e.g.,
animals on property, locked gates, etc.) below, if you have any questions, please feel free to contact me by email or
by phone at (972)9244510,
Respectfully,
tatty of Anna
Greg Peters, PE
Director of Public Works
Right -of -entry allowed. Yes No
Additional Comments: