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Home My WebLink AboutRes 2012-05-07 Acquisition Utility Easements along FM 455 - 0.005 acres.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2012-05-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF 0.005 ACRES OF REAL PROPERTY, MORE OR LESS, FOR A PERMANENT UTILITY EASEMENT; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID PROPERTY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a need to provide utility system improvements to benefit the City of Anna, its citizens and general health, safety and welfare; and WHEREAS, it is necessary to acquire certain easements not now held by the City of Anna for such utility system improvements; and WHEREAS, it is necessary to delegate 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 ("Council") of the City of Anna, Texas ("City") finds that a public necessity exists for acquisition of a permanent utility easement, waterline easement, and/or wastewater line easement comprising 0.005 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of installation, maintenance, replacement, or repair of utilities benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The above -stated recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.002 and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001. RES. 2012-05-07 Acquisition of Utility easement along FM 456 — 0>005 Acres PAGE 1 OF 3 05-22-12 Section 2. Property to be Acquired 2.01 The necessary permanent utility easement, waterline easement, and/or wastewater line easement sought to be acquired will affect a segment of a tract totaling approximately 0.005 acres of real property (the "Property"), held by one or more owners. Said approximate 0.005 acres of real property is described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The Council finds a public necessity for the public welfare and convenience to acquire the easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines. The Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Property by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys—as necessary and in the appropriate sequence—to have the Property appraised by a certified appraiser, to send the landowner(s) a copy of the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary final monetary offers in an attempt to acquire the permanent utility easement, waterline easement, and/or wastewater line easement on and under the affected Property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire an easement through the Property 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 Property. The Council hereby authorizes and ratifies any such actions taken thus far. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this 22nd day of May, 2012. RES. 2012-05-07 Acquisition of Utility easement along FM 455 — 0>005 Acres PAGE 2 OF 3 05-22-12 ATTESTED: y City, ecretary, Natha Wilkison Mike Crist RES. 2012-05-07 Acquisition of Utility easement along FM 456 — 0>005 Acres PAGE 3 OF 3 05-22-12 .t , County: Collin Highway: FM 455 City of Anna EXHIBIT "A" Description for Wastewater Easement Page l of 3 April 10, 2012 BEING 218 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 8.4 acre tract of land described in a deed to Harlow Land Company, Ltd. (Harlow tract), as recorded in Volume 4617, Page 2624 of the Official Public Records of Collin County Texas; said 218 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 5/8 -inch iron rod with cap in the West line of said Harlow tract, same being the Southeast corner of Lot 2, Block A, Westfield Addition, Block A, Lots 1 & 2, according to the plat thereof recorded in Cabinet 2006, Page 12 of the Plat Records of Collin County Texas; THENCE North 00° 25' 56" West with the common line between said Harlow tract and said Lot 2, a distance of 175.69 feet to a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found in the future South Right-of-way line of FM 455; THENCE South 890 26' 49" East, crossing said Harlow tract with the future South Right-of-way line of FM 455, a distance 299.76 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING; 1) THENCE South 89° 26' 49" East, continuing across said Harlow tract with the future South Right-of-way line of FM 455, a distance 13.81 feet to the West line of an existing Sanitary Sewer Easement, as recorded in Document Number 20080418000466610 of the Official Public Records of Collin County Texas; 2) THENCE South 02° 20' 26" East, continuing across said Harlow tract with West line of said Sanitary Sewer Easement, a distance of 15.34 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 3) THENCE North 890 40' 06" West, continuing across said Harlow tract with the South line of the herein described easement, a distance of 14.53 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 4) THENCE North 000 19' 54" East, continuing across said Harlow tract with the West line of the herein described easement, a distance of 15.38 feet to the PLACE OF BEGINNING and containing 218 square feet (0.005 Acres) of land, more or less. EXHIBIT "A" Continued County: Collin Page 2 of 3 Highway: FM 455 April 10, 2012 City of Anna Description for Wastewater Easement Notes: Survey plat to accompany this legal description. Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 aid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East— Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000 1527 10. 1, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. oFMicf hael Dan DavisRegistered Professional Land Surveyor No. 4838Dannenbaum Engineering Company Fort Worth — LLC L DAN DAVIS T.B.P.L.S. Registration Number 101188-02 assa ....6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office: 817-763-8883, Fax: 817-377-2956 S ij R JOHN C. FARRIS SURV EYXMBIT 'A' ABSTRACT No.331 I i� SASM Invest ^ants LL DOCUMENT UMBER 62200806 C ^� 1778 00 yh S 0. gym° M 455 , 'a �- SEE HARLOW LAND COMPANY/', LT� I L O.P.R. QO.L �I'J 1_ LOT 2 WESTFIELD ADDITION BLOCK A, LOTS 1 & 2 CAB. 2006, PG. 12 P.R.C.C.T. e7IIe399 349 FOUND 2582312.680 5/8"Ctlt I HENRY BRANTLEY SURVEY ABSTRACT No.71 JOHN BRADI in cs 1 V(��r4316, P1 GRANDERSON STARK SURVEY ABSTRACT No.798 N0106. We, descripNM 10 -Vaa ly this survey sketch n o T. Lan OEM( IN.4 _�. UP.M1GC.iJ�. �T -. DT X -�.. Ofv.a f W l m,�Sas -------------------- UBE 1 I �rGir'a IMES n , 0 �Z R' V H I �..._ `I once / IPECS RONALD R. FERGUSON and Wile, VICKI L. FERGUSON DOCUMENT NUMBER 04-0012614 O.P.R.C.C.T. I DETAIL N.T.S. POBZZ S00°28'40'E Z 4u `� z N8S°40%-W 14.53' PROP EASEMENT LINE LEGEND f - Monument round 'as noled- O - %' Iran rod W/ plastic cop clomped -Dannenbaum Englneer!W POC -Place Of Commencing POB - Place Or BVInning R - Property Line 51 • Survey Line ^I - Fee Hack ORR.C.C.T.-OfflclalPublic Records, C01111) as Usran11n.q 50 100 150 /E�f•11 SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Harlow Land Company, LTD 218 Square feet or 0.005 acres ®ANNENB UM ENGINEERING CO. - FT. WORTH, LLC T.S.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763--8883 OF T BASIS OF BEARINGS ISA LINE BETWEEN CORS STATION TXAR 4` NFb.9N, IN 6.98262.9020,E 2AIL057.5080 GRID)ANO CORS t2�. wG STATION TX0AWHICH (N J1906,E 2.529.8TEXAS pR/0), NORTH N.AR83.YJH/CH IS NORTH 8f58'33'EAST-TEXAS PLANE .... •......................... COORDINATE SYSTEM. NORTH CENTRAL ZONE (4202[ MICHAEL DAN DAVIS CES AND COORDINATES ALLDISTANCESARE .............................. 4.838 �• ARE AND MAY 8E B r9 a! TORFACE COAVE TXDBTRTEO R ION BY OR 1L 8Y TXOOT CONVERSIpN FACTOR [000!527!0. �s �, O�P•O� �� • ••..; •' . Page 3 o 3 LEGEND f - Monument round 'as noled- O - %' Iran rod W/ plastic cop clomped -Dannenbaum Englneer!W POC -Place Of Commencing POB - Place Or BVInning R - Property Line 51 • Survey Line ^I - Fee Hack ORR.C.C.T.-OfflclalPublic Records, C01111) as Usran11n.q 50 100 150 /E�f•11 SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Harlow Land Company, LTD 218 Square feet or 0.005 acres ®ANNENB UM ENGINEERING CO. - FT. WORTH, LLC T.S.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763--8883