The URL can be used to link to this page

Home My WebLink AboutRes 2022-03-1123 Two J Partners Permanent Sanitary Sewer Line Easement 0.667 acresCITY OF ANNA, TEXAS RESOLUTION NO. pkjo. �jtcq,0 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 0.667 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 0.85 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 0.667 acres of real property, more or less, and 0.85 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. �_ 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 0.667 acres of real property (the "Permanent Sanitary Sewer Line Easement"), held by Two-J Partners, LLP, and/or others. Said approximate 0.667 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 0.85 acres of real property (the "Temporary Construction Easement"), held by Two-J Partners, LLP, and/or others. Said approximate 0.85 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. � 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 .day of �,�,k,r,��,, 2022. Carrie L. Land, City Secretary J �- a Pike, Mayor •��/�l `� e4 CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 6 Exhibit A 30' SANITARY SEWER EASEMENT EASEMENT TWO-J PARTNERS, LLLP FRANCIS T DUFFAN SURVEY, ABSTRACT No. 288 CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 1 OF 3 FIELD DESCRIPTION: BEING a 30 foot wide Sanitary Sewer Easement situated in the City of Anna, Collin County, Texas, a part of Francis T. Cuffan Survey, Abstract No. 288, being part of a called 50,53 acre tract of land described in a Quit Claim Deed to TwaJ Partners, LLLP, recorded in Instrument No. 20080509000562500, Official Public Records, Collin County, Texas (O.P.R.C.C.T) and being more particularly described as follows: COMMENCING at a Mag Nall with shiner stamped LJA Surveying found at the northeast comer of said 50.53 acre tract of land, said Mag Nail being at the northwest corner of a called 160.197 acre tract of land described in a Special Warranty Deed to Bloomfield Homes, LP, recorded in Instrument No. 20200117000076380, O.P.R.C.C.T, and said Mag Nail being in or near the centerline of County Road 370, from which a five -eighths inch iron rod with cap stamped'LJA Surveying" found in the north line of said 50.53 acre tract of land boars North 88 degrees 49 minutes 17 seconds West, a distance of 251.59 feet; THENCE along the east line of said 50,53 acre tract of land and along the west line of said 160,197 acre tract of land South 00 degrees 41 minutes 43 seconds West, a distance of 596.23 feet, South 00 degrees 35 minutes 43 seconds West, a distance of 368,00 feet, South 00 degrees 48 minutes 43 seconds West, a distance of 309.20 feet, South 00 degrees 58 minutes 18 seconds West, a distance of 998,45 feet to the POINT OF BEGINNING of the herein described 30 foot Sanitary Sewer Easement; THENCE South 00 degrees 58 minutes 18 seconds West, a distance of 117,38 feel along the east line of said 50.53 acre tract of land and along the west lino of said 160,197 acre tract of land to a paint for comer; THENCE South 00 degrees 39 minutes 43 seconds West, a distance of 26,58 feet along the east line of said 50.53 acre tract of land and along the west line of said 160.197 acre tract of land to a point for comer, THENCE South 00 degrees 39 minutes 43 seconds West, a distance of 223.92 feet along the east line of said 50.53 acre tract of land and along the west line of said 160.197 acre tract of land to the southeast comer of said 50,53 acre tract of land, said point being the southwest comer of said 160,197 acre tract of land and said point being in the north line of Lot 3, Block G of Creekside Phase 3, as addition to the City of Anna, as recorded In Instrument No, 2004.60537, O.P.R.C.C.T; THENCE North 89 degrees 08 minutes 17 seconds West, a distance of 296,24 feet along the south line of said 50.53 acre tract of land and along the north line of said Lot 3 to a point for corner; THENCE North 89 degrees 21 minutes 17 seconds West, a distance of 395.58 feet along the south line of said 50.53 acre tract of land to a point in the north line of Lot 5, Block A of Anna Town Center Addition, as addition to the City or Anna, as recorded in Instrument No. 2019%776, O.P.R.C.C.T.; THENCE North 00 degrees 15 minutes 05 seconds East, a distance of 30.00 feet to a point for corner, THENCE South 89 degrees 21 minutes 17 seconds East, a distance of 395.79 feel to a point for corner, THENCE South 89 degrees 08 minutes 17 seconds East, a distance of 266,14 feel to a point for corner, THENCE North 00 degrees 39 minutes 43 seconds East, a distance of 206.94 feet to a point for comer; THENCE North 12 degrees 56 minutes 03 seconds East, a distance of 144.13 feet to the POINT OF BEGINNING and containing 29,073 square feet or 0.667 acres. �P �GOE00 q#** f eo �* ...........................:... BILLY M. LOGSDON, JR. BILLY M. LOGSDON, JR, <0 \.% 6487�� ; 9) ss), o R.P.L.S. N0. 6487 suR� A DECEMBER 28, 2021 SCALE: DATE DRAWN PROJECT 6017 MAIN STREET g 0 H L E R �� 12-28-21 KDH TSD202021 FRISCO, TEXAS 75034 TBPE No. 18065 TBPLS No. 10194413 Drawing: H:\20\TSD202021\Drawings\Survey\Offsfte Easements\TSD202021_OFFSITE SSWR ESMT(TWO—J PARTNERS) new ol(gnment.dwg Exhibit A 3O' SANITARY SEWER EASEMENT EASEMENT TWO-J PARTNERS, LLLP FRANCIS T DUFFAN SURVEY, ABSTRACT No. 288 CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 2OF3 CALL£0.• 38.15 ACRES HULA AOAMS, LTD. j INST. N0. I O 20110505000462590 O.P.R.C.C.T. JCHN ELL£T JURI�L)' _ — AOSTR4CT N0. 296 £RANDS T DUF£AAN SURtu CON AOSTRACT NO 286 ILM"1 APPROX. FCOODP(AIN L/NE AS SCAL£0 FROM FEMA MAP COAIMUNITY PANEL NO: 48085CO155J GATED: DUNE 02, 2009 CALCEO.• 50.53 ACRES TWO—J PARTNERS, LLCP INST. N0. 20080509000562500 O.P. R.C.C. T. LEGEND roc POINT OF COMMENCING Poe POINT OF BEGINNING DA.C.C.T. DEED RECORDS COLLIN COUNTY TEXAS oP.R.CCT. OFFICIAL PUBLIC RECORDS COLLIN COUNTY TEXAS wST. ND. INSTRUMENT NUMBER �u- . n. VOLUME, PAGE 200 100 50 0 200 1'= 200' / GILLED.• 226.62 ACRES POC / 6UR PARTNERSHIP, LTD. IItiFN'SN NtA (<asmni;6 / NJL. 5106 PC. 2380 88'49'17"W` 4AR'SR''dG'c D.RC.C.T. MATCH LINE PAGE 3 SCALE: DATE DRAWN PROJECT 1"=200' 12-28-21 KDH TSD202021 COUNTY RD. 370 lI BLOOAI£I£LO WAIFS. LP / CALLE0' 160.197 ACRES LpRRAINE SHERCEY /INST. N0. 20200117001776380 / O.P.R.C.C.T. ?.2 he Stale Pane Coordiaale S) steniTerarA'a9h Cenlm/Zone 4202, No9h mcrican /Lahnn of/9Rt 1I/iusllncnl ca/i�alion20//.� 6017 MAIN STREET g O H L E R FRISCO, TEXAS 75034 1 R<)fi5 TRPIC Nn 1n7oddtR wing: H:\20\TSD202021\Drawings\Survey\Offsile Easements\TS0202021_OFFSITE SSWR ESMT(TWO—J PARTNERS) —new DI(gnment.dwg Exhibit A 30 SANITARY SEWER EASEMENT EASEMENT TWO-J PARTNERS, LLLP FRANCIS T DUFFAN SURVEY, ABSTRACT No. 288 CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 3OF3 MATCH LINE PAGE 2 7heDasir ofbevingirderii edfrom the S1,71C Plane Coord1mve Si mcm, kiasNoah C•enlml Zone 410Z Norlh Aim ritan Datum of/953. Adjuslm it I Rcn/i»Lion10/l. I S00'48'43"W l�J 200 100 50 0 200 r= 200' LEGEND � � POO POINT OF COMMENCING Poe POINT OF BEGINNING oxo.cT• DEED RECORDS COLUN COUNTY TEXAS UPAlcm. OFFICIAL PUBLIC RECORDS BLOOMFIELD HOMES, LP COLLIN COUNTY TEXAS CALLED.• 160.197 ACRES r+sT, No. INSTRUMENT NUMBER LORR41NE SHERLfY wx .Pc. VOLUME, PAGE INST. NO. 20200117000076380 I O.P.R.C.C.T. CALLED: 50.53 ACRES IWO—J PARTNERS, LLLP INST. NO, 20080509000562500 O.RR.C.C.T. APPROX. FLOODPLA/N L/NE AS SCAC£O FROM FERIA A/AP I COMAIUN/TY PANEL NO. 48085C0155J DATED.• DUNE 01. 2009 BLOCK LOT 5, A ANNA TOIYN CENTER AODNION INST. NO, 2019-776 ORROC.T coh*$i I LOT 30 BLOCK 0 CREEKSIDE PH41 f J INST. NO. 2004-60537 O.P.R.C.C.T. L5 surrn,»• s�»rR uscunvr Yh'7. M1 1a19-776 QP.RCeI SCALE: DATE DRAWN 1"=200' 12-28-21 KDH PROJECT TSD202021 1 L2 LINE TABLE N0. BEARING LENGTH L1 S00'58'18"W 117.38' LZ S00039'43"W 26.58' L3 S00'39143"W 233.92' L4 N89608117"W 296,24' L5 N89'21'17"W 395.58' L6 N00015'05"E 30.00' L7 S8902V17"E 395.79a L8 S89'08'17"E 266.14' L9 N00'39'43"E 206.94' L10 N12'S6'03"E 144.13' � 30'SANITARYSEWER M EASEh1ENT J 29,073 S0. FT. 0.667 ACRES 6017 MAIN STREET g O H L E R 21SC0, TEXAS 75034 urawmg: rl:\z0\IS0202021\Drawings\Survey\OftsRe Easements\TSD202021_OFFSITE SSWR ESMT(TWO-J PARTNERS) -new olignment.dwq U' i �f4 ,,� biH13'Q plvgil ;�� 1��I1 tip0 P4538 15'' 1<>x121a MH12 1," F=120& 1i11212 M210 —1<II1121� 1:�" F-1212 Jt11121b 1G06 1 rtti yi r-tr l+t•a•t�i �T 64 r.t t •t4 �+ +1 •t• J Legend PREFERRED SCENARIO DIAGRAM ®Uv Ar" to Kay Gaolers tN4 }' placeTypee ■ Enlsl!tlgmtlnlC�l�i r� Dannlo�n l fRegional Cenetr 6 W'\ INCommunqCommoidal a I '` r, WE Downtown Anna 1 IL 1 Melissa - � / ■ 6VXal use V ? Han living We�mnSin �� [:luslCr HCSI�+@N�11 Suburbanlmng 171 I Weelmlt r' Esla!a Aa:ianl a! i �I � 1 Aural bring �.1 1 1 Aanch'ng 8 Agna�Ywe /1�11 Am pro!oss'ionalCampus Employment h!i.r ldanu�itlo6N $ V1,10 use Srlica's pirfksaOpel SpaG4 HOW zone 0 A•Nos WdhAl'�'Mmaal Chsnce of Flaodn6 Base Floodpla;n Elavatron r' Mesr. r. ANNA 20U CMf'1�-INIV�AN 4 �b Mi tlnhy�l9m THE CITY OF Two-J Partners, LLP —Sanitary Sewer Service Date: February 23, 2022 To: Two-J Partners, LLC %John T. Westrom, Jones & Westrom From: Greg Peters, P.E., Director of Public Works, and Engineering Re. Sanitary Sewer Service for Two-J Partners Tract (Will Serve) The City of Anna is in final preparations to begin construction of a 15-inch sanitary sewer trunk main along the southeast portion of the 50.53 Acre Tract of land on the east side of Throckmorton Boulevard currently owned by Two-J Partners, LLP. Said tract of land is located approximately 3,500 feet north of FM 455 and approximately 1,200 feet east of US 75. Currently this area has no access to a public sanitary sewer main. The proposed 15-inch trunk sewer main project, known as the Throckmorton Creek Sanitary Sewer Extension, will provide gravity sanitary sewer collection service to the subject tract and other surrounding properties. This proposed sewer main is sized to account for the fully developed conditions of the Two-J Partners tract. The City is requesting for Two-J Partners, LLP to dedicate a sanitary sewer easement so that the City can cause the construction of the proposed sewer main. The proposed sanitary sewer easement is provided as a separate document with this letter. This important capital improvement project is intended to allow the property to be developed to the highest and best uses as depicted in the City of Anna Comprehensive Plan and Future Land Use Map. Upon completion of the easement dedication and construction of the sewer main, the City will be able to accept fully developed sanitary sewer flows from the Two-J Partners tract. Two-J Partners will not be required to construct any off -site improvements in order to receive full sanitary sewer service of the property if and when the property develops in the future. Sincerely, Greg to , P.E. Director o Public Worl<s City of Anna, Texas