The URL can be used to link to this page

Home My WebLink AboutRes 2012-06-14 Acquisition of Drainage Easement FM 455.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2012-06-1A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF 0.053 ACRES OF REAL PROPERTY, MORE OR LESS, FOR A PERMANENT DRAINAGE 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 drainage 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 drainage 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 drainage easement comprising 0.053 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 drainage improvements 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. 2012-06-13 Acquisition of Drainage Easement- FM 456 PAGE 1 OF 3 06-26-1 Section 2. Property to be Acquired 2.01 The necessary permanent drainage easement sought io be acquired will affect a tract totaling approximately 0.053 acres of real property (collectively, the "Property"), held by single owner. Said approximate 0.053 acres of real property are generally aligned and are described in Exhibit A which is 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 drainage system improvements. 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 easements, waterline easements, and/or wastewater line easements on and under the affected Property consistent with the appraisal, 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 26th day of June, 2012. RES. 2012-06-13 Acquisition of Drainage Easement- FM 455 PAGE 2 OF 3 06-26-1 ATTESTED: Y C t Secretary, at a Wilkison RES. 2012-06-13 Acquisition of Drainage Easement- FM 455 PAGE 3 OF 3 06-26-1 EXHIBIT "A" County: Collin Pagel of 3 Highway: FM 455 January 16, 2012 City bf Anna, Texas Description for Drainage Easement BEING 2,317 square feet of land, more or less, in the Joseph Schluter Survey, Abstract Number 856, City of Anna, Collin County, Texas, and being part of that certain called 19.991 acre tract of land in a deed to James Allen Mann, Jr., and wife Marjorie Dianne Mann, as recorded in Document Number 93-0108070 of the Official Public Records of Collin County, Texas (Mann Tract); said 2,317 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 for the Southwest corner of tine remaining portion of said Mann Tract and an ell corner in the North boundary line of that certain called 19.329 acre tract of land described in a deed to The City of Anna, as recorded in Document Number 20060714000982730 of the Official Public Records of Collin County, Texas (City Tract); THENCE North 000 57' 41" West with the common line between said Mann Tract and said City Tract, a distance of 230.60 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING, same being the Southwest corner of the herein described Drainage Easement; 1) THENCE North 001 57'41" West with the common line between said Mann Tract and said City Tract, a distance of 39.91 feet to a 5/8 -inch iron rod with aluminum disk stamped "TxDOT"-found for the Southwest corner of an existing Drainage Easement, as recorded in Document Number 20110816000862120 of the Oficial Public Records of Collin County, Texas; 2) THENCE South 890 18' 56" East, departing the common line between said Mann Tract and said City Tract and crossing said Mann Tract with the South line of said existing Drainage Easement, a distance of 58.90 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 3) THENCE South, departing the South line of said existing Drainage Easement and continuing across said Mann Tract, a distance of 39.20 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the Southeast corner of the herein described Drainage Easement; 4) THENCE West, continuing across said Mann Tract, a distance of 58.24 feet to the PLACE OF BEGINNING and containing 2,316 square feet (0.053 Acres) of land, more or less. EXHIBIT "A" Continued County: Collin Page 2 of 3 Highway: FM 455 January 16, 2012 City of Anna, Texas Description for Drainage 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 Grid 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 1.000152710. I, 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. (rltrtf C r��i6H'AELDAN Michael Dan Davis qRegistered Professional Land Surveyor No. 4838° rRDannenbaum Engineering Company Fort Worth — LLC DAVIS6421 Camp Bowie Boulevard, Suite 400, Fort Worth , Texas 76116QOffice: 817-763-8883, Fax: 817-377-2956yon F. T. DUFFA U EXHIBIT 'A' SURVEY i JOHN Co FARRIS SURVEY- --- ABSTRACT Nod 331 ABSTRACT No.288 LOT ]12 i _j , ! ; SETTLERS'; WAY RUDMAN PARTNERSHIP BLOCK"A1. CAB. P. Pit,. 967 VOL. 3346, PG. 764=a"DRAINAGe, co O.P. 1; R.C�C.Y. 0. P. R. C. C. T. EXISTING HIGH rAASEMENt) O OF WAY LINE � LOT 32 BLOCK 8 'LL 2k - A ---- ----- - FY 55' -- — - - — -- — - - - A W , CR IT - K AP r VPK N EXISTING ILVOT -AUGONE Abbt-T-iom-- 7 -- CAB. 2q 1 07 PAGE 2L O. P. R. C. C. T. M BLOCK A WINDMILL SELF STORAGE L.P. AND JOE MARK ELLIOT DOCUMENT NUMBER 20060622000865650 0. P. R. C. C. T. Notes, Legal doscrIpflon to 0000WAY HIS SUNCY Sketch. BASIS OF BEARINGS IS A USE BETWEEN CORS STATION TXAR IN 6,962.#2.4020. t 2.411.057.5050 GpID)AND CORS STATION TXOA IN 6,976,860.0906. E 2,549,861.8823 GRID) N4 D 83, -3 WHICH IS NORTH 8f -re 3Y EAST- TEXAS PLANE' C R610&%�E SYSTEM, NORTH CENTRAL ZONE 14202). ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY AVIDING BY TXOOr CONVERSION FACTOR t.000150760. Page 3 OF 3 LEGEND • Monument found as noted 0 • %' Iron rod W1 plost/o, cap sI,.W Tannenbaum EnglatterbW FOC - Place Of Canittenornti, POB - Place Of Beginning 1E - Property Line SL - Survey Litte - Fee Hook O. R. R. C. C. T. �0f flotool pu�Texas11, 0 HIn C Jn6 9 T ........... MICHAEL DAN DAVIS ............ ................ 4838 - WESFS6.24' REMAINDER JAMES ALLEN MANN, JR., AND WIFE MARJORIE DIANNE MANN DOCUMENT NUMBER 93-0108070 0. P. R. C. C. T. JOSEPH SCHLUTER SURVEY ABSTRACT No.856 0 so too 150 SCALE IN FEET DRAINAGE EASEMENT In the Joseph Schluter survey Abstract No. 856, Collin County, Taxes Owners; James Allen Mann Jr. and wife Marjorie Dianne Mann 2,317 Square feet or 0,053 acres DANNENBAUM ENGINEERING CO. - FT. WORTH, LLC T.B.P.L.S. REG. NUMBER 101188-02 6421 CAMP BONE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 75116 (817)763-8883