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Home My WebLink AboutRes 2012-09-18 Acquisition of Utility Easement -Chung.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2012-09-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF 618 SQUARE FEET OF REAL PROPERTY, MORE OR LESS, FOR A PERMANENT WATERLINE AND WASTEWATER LINE 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, the Texas Department of Transportation is constructing improvements to F.M. 455 in the City of Anna, Texas, requiring the City to relocate, reconstruct, replace, repair and/or install waterlines and wastewater lines to meet the public need to provide water and wastewater 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 waterline and wastewater line easement not now held by the City of Anna for such water/wastewater utility system relocation and improvements; and WHEREAS, it is necessary to delegate authority to pursue negotiations for the acquisition of said easement and/or to pursue the easement 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 waterline and wastewater line easement comprising 618 square feet of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of relocation, installation, maintenance, replacement, and/or repair of waterlines and wastewater lines 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 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 RES. 2012-09-18 Acquisition of Utility Easement — Chung PAGE 1 OF 3 09-25-12 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 and any and all other applicable statutes. Section 2. Property to be Acquired 2.01 The necessary permanent waterline and wastewater easement sought to be acquired will affect a portion of a tract, said portion totaling approximately 618 square feet of real property (the "Property"), held by Chan C. Chung and/or others. Said approximate 618 square feet of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. 2.02 Notwithstanding any notations to the contrary in said Exhibit A, the City's intent is to acquire an easement for both water and wastewater lines, and all necessary and appropriate appurtenances thereto. 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 waterlines 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 waterline and 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, and hereby further RES. 2012-09-18 Acquisition of Utility Easement — Chung PAGE 2 OF 3 09-25-12 asserts its full authority, to the greatest extent provided by law, to acquire the easement identified in Section 2. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this 25th day of September, 2012. ATTESTED: City $ecr4tary, Natha Wilkison `{� \� k { 1° I''I I i I i I u ///,/ 19 \ PPPP y, y 1 1111111 RES, 2012-09-18 Acquisition of Utility Easement — Chung PAGE 3 OF 3 09-25-12 EXHIBIT "A" County: Collin Page 1 of 3 Highway: FM 455 April 10, 2012 R.O.W. CSJ: 0816-04-046 Description for Waterline and Wastewater line Easement BEING 618 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 0.2718 acre tract of land described in a deed to Chan C. Chung (Chung tract), as recorded in Volume 5965, Page 2924 of the Official Public Records of Collin County Texas; said 618 square feet of land being more particularly described by the metes and bounds as follows COMMENCING at a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found in the East line of said Chung tract, same being the Southeast corner of that certain called 0.058 acre tract of land described in a Notice of Lis Pendens to the State of Texas (State tract), as recorded in Document Number 20110811000848430 of the Official Public Records of Collin County, Texas; same also being in the existing West Right-of-way line of State Highway 5, as recorded in Volume 297, Page 585 of the Official Public Records of Collin County Texas; THENCE North 420 05' 29" West with the common line between said Chung tract and said State tract, a distance of 48.50 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING, said PLACE OF BEGINNING being the beginning of a curve to the left whose long chord bears North 88° 45' 53" West, 48.69 feet; 1) THENCE Northwesterly, crossing said Chung tract with the South line of the herein described easement, curving to the left, having a radius of 4925.00 feet, through a central angle of 00° 33' 59" for an arc distance of 48.69 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set in the West line of said Chung tract, same being the East line of that certain called 0.275 acre tract of land described in a deed to Charles K. Green (Green tract), as recorded in Volume 5858, Page 3868 of the Official Public Records of Collin County Texas ; 2) THENCE North 040 08' 51" East with the common line between said Chung tract and said Green tract, a distance of 15.02 feet to a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found for the Southwest corner of the aforesaid State tract, said corner being the beginning of a curve to the right whose long chord bears South 88° 50' 33" East, 33.73 feet; 3) THENCE Southeasterly with the common line between said Chung tract and said State tract, curving to the right, having a radius of 4940.00 feet, through a central angle of 00° 23' 28", for an arc distance of 33.73 feet to a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found for an angle point; EXHIBIT "A" Continued County: Collin • Page 2 of 3 Highway: FM 455 April 10, 2012 R.O.W. CSJ: 0816-04-046 4) THENCE South 42° 05' 29" East with the common line between said Chung tract and said State tract, a distance of 20.69 feet to the PLACE OF BEGINNING and containing 618 square feet (0.014 Acres) of land, more or less. Notes: Suivey 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. I // rsu ��Michael Dan Davistp Registered Professional Land Surveyor No. 4838°,'.Dannenbaum Engineering Company Fort Worth — LLC DAVIST.B.P.L.S. Registration Number 101188-02 6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 ? perOffice: 817-763-8883, Fax: 817-377-2956 �� TH �(fIgST NATIONAL n f EXH BIT 11' Tx e t HEM' f BAi�K:sOt VAN ALSTYNE FISTING RIGHT f N RYI W /71 Q -1949; PG.27�------ 0 " W Y L -I E ! l� I TWOT I r L`J � ' , r, O.P.R.C.C.F. r1 cnr �. \ , >� ---- —'-- — ^ — -- — -• -'?:� _ ._ _ _. _ ... '- — — — f,} T TRIC V r r WASTEINAT- ER YAr�or:t�xns _ '� Do '' f0elt0008l 50 O EASEMENT OPS -OST. °1 ` - LINE JOSEPH FINLEY DOCUMENT NUMBER 95-0087243 OR.R.C.C.T. PATRICIA LEE ROPER AND AMON BURL ROPER VOL. 2094, PG. 741 O.P.R.C.C.T. MICHAEL JAKE HENDRICKS, TRUSTEE EVELYN MCLAIN HENDRICKS TRUST DOCUMENT NUMBER 94-0078357 O.P.R.C.C.T. 161 rL�Y o.71 1 CHARLES K. GREEN N- -OR VOL.6858, PG. 3868 see'2res'so.�o O,P.R.C.C.T. 01i, T BASIS OF BEARINGS IS A UNE BETWEEN CORS STATION TXAR (N 6,962.112.4020, E 2.4/1.057.5050 GRID) AND CORS cS4' • s TV•,�y t� @' fid. CHAN C. CHUNG �Z� &0. I o VOL.5965, PG. 2924 aN fho O.P.R.C.C.T. MICHAEL DAN DAVIS JAMES D. HOLLAND et ux VOL. 558, PG. 632 O.P.R.C.C.T GRANDERSON STARK SURVEY ABSTRACT No.798 PROP EASEMENT Notes, C2 LegaldescripNon to accompany tlds survey sketch. CH = S88'50'33'E CH =48.69' 01i, T BASIS OF BEARINGS IS A UNE BETWEEN CORS STATION TXAR (N 6,962.112.4020, E 2.4/1.057.5050 GRID) AND CORS cS4' • s TV•,�y t� @' fid. STATION TXDA (N 6.978.860.0906. E 2,529.861.8823 GRID).4 .' tP N.A.D. 83. WHICH IS NORTH 8f 58 33' EAST• TEXAS PLANE * "' • ' . "-. • ..• COORDINATE SYSTEM. NORTH CENTRAL ZONE (4202). MICHAEL DAN DAVIS ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND AIAY BE o x$38 v . �a CONVERTED TO GRID BY DIVIDING BY TXDOT CONVERSION FACTOR 1.000152710. Pogo 3 of 3 LEGEND ® - Monument found 'as noted' Q . Fe'lron rod wl plostic cop stomped 'Dannenbaum Englneoring' POC . Place Of Commencing POB • Place Of Beglnning It' • Property Une St . survey Una ^� - Fee Hook 0. R. R. C. C. T. - Offlclol Pu o Records. Collin County. Toxon DETAIL N.T.S. C2 c1 POB CS C2 CH = N88'45'53"W CH = S88'50'33'E CH =48.69' CH =33.73' R = 4925.00' R = 4940.00' L = 48.69' L = 33.73' A = 00'33'59' LT. A = 00'2328" RT. d ✓U 0 50 100 150 ��(1`\ SCALE IN FEET Water and Wastewater Easement In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Chan C. Chung 618 Square feet or 0.014 acres DANNENBAUM, ENGINEERING CO. - FT. WORTH, LLC T.B.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763-8883