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Home My WebLink AboutRes 2013-01-05 Easement Acquisition Chung.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2013-01-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATERLINE AND WASTEWATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 618 SQUARE FEET OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENT 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 plans to construct 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/installation and improvements; and WHEREAS, it is necessary for the City to use its 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 providing rights on and under 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 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. RES. 2013-01-05 Easement Acquisition -Chung PAGE 1 OF 3 01-22-13 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. 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 statutes. Section 2. Easement to be Acquired 2.01 The necessary permanent waterline and wastewater line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 618 square feet of real property (the "Easement"), 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 a waterline and a wastewater line, and all necessary and appropriate appurtenances thereto. 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 easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing waterlines and/or wastewater lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed 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—as necessary and in the appropriate sequence—to have the Easement 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 real property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Easement in an efficient manner, and, if necessary, to RES. 2013-01-05 Easement Acquisition -Chung PAGE 2 OF 3 01-22-13 institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the 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 easement identified in Section 2, above. 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 January, 2013. ATTESTED: City ecretary, Natha Wilkison P P APPROV,� f Mayor, Mike Crist RES. 2013-01-05 Easement Acquisition -Chung PAGE 3 OF 3 01-22-13 County: Collin Highway: FM 455 R.O.W. CSJ: 0816-04-046 EXHIBIT "A" Description for Wastewater Easement Page 1 of 3 January 16, 2013 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 out of and a part of the 0.2135 acre remainder 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 42° 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 are 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 041 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 880 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; County: Collin Highway: FM 455 R.O.W. CSJ: 0816-04-046 EXHIBIT "A" Description for Wastewater Easement Page 1 of 3 January 16, 2013 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: A survey plat is 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, Royal T. Brown, 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. f t h Royal T. Brown Registered Professional Land Surveyor No. 3881 DANNENBAUM ENGINEERING CORPORATION T.B.P.L.S. REGISTRATION NO. 101188-00 3100 West Alabama Houston, Texas 77098 Office (713) 520-9570 Fax (713) 527-6452 THFyFlgST NATIONAL EXHIBIT 'A' TXDOT BA IK 91= VAN ALSTYNE EXISTING RIGHT CAP 7/�V�O.P.R.C.C.T271 OF WAY LINE DADOT P SURVEY / TXDOT L@BSTRACT e S CAP i STATE of TE%AS V.]72, P. OP.RCCC.L N FM 455 1. WEASE ASTEWATEENT °Oc Rssiai, o3liConoer o(� STATEOFTFXAS 'C 618 SF Z420529"01 ®`•®_.®_^®,..®'^.—_.—_.®._�,_.._...®.,®,..,�,__, V.S72,P. 123 EXISTING RIGHT o.P.R.C.C.T. OF WAY LINE 0.014 AC TXDOT TXDOT DCAP CAP CAP TXDOT TXDOT PDB 48.50' CAP CAP PROP EASEMENT LINE DETAIL TXDOT RM PO CAP POST G POC CjpQ N=7178505.266Uj � V E=2563759.151 FOUND C�OJ�C\PG�''S�9 QGG� 112"CIR �p OP FOUND FOUND 11211R 1" PIPE JOSEPH FINLEY DOCUMENT NUMBER 95-0087243 CHARLES K. GREEN FOUND i72'CIR O.P.R.C.C.T. VOL.5858, PG. 3868 sa9`z2'Sa"E 0.76' O.P.R.C.C.T. PATRICIA LEE ROPER AND AMON BURL ROPERmuv VOL. 2094, PG. 741 CHAN C. CHUNG 6o gad O.P.R.C.C.T. VOL,5965, PG. 2924 O,P.R,C,C.T. I JAMES D. HOLLAND et ux DETAIL N.T.S. EXISTING RIGHT MICHAEL JAKE HENDRICKS, TRUSTEE VOL. 558, PG. 632 TXOOT LAY EVELYN McLAIN HENDRICKS TRUST O.P.R.C.C.T CAP TXDOT DOCUMENT NUMBER 94-0078357 C2 O.P.R.C.C.T. w �n N eol GRANDERSUIN STARKN SURVEYC1 P08 ABSTR®® CT • PROP EASEMENT LINE Notes: . Legal descrlptian to accompany tMs survey sketch. � � BASIS OF BEARINGS IS A UNE BETWEEN CORS STATION TXAR (N 6.962,112.4020, E 2,40,057.5050 GR1D)AND CORS STATION TXDA (N 6, 978, 860.0906, E 2.529.861.8823 GRID), N.A.D. 63, WHICH IS NORTH Br 58 33" EAST- TEXAS PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202). ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DNIDING BY TXDOT CONVERSION FACTOR 1.000152710. Page 3 of 3 LEGEND • Monument found 'os noted' Q • %' Iron rod w/ plostIc cop stomped 'Dannenbaum Engineering' POC - Place Of Commencing POB • Place Of Beginning ,T • Property Line SL • Survey Line ti > Fee Hook 0. R. R. C. C. T. Offlclal Publlc Records, CollIn County, Texas C1 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' ,8 = 00°33'59" LT. A = 00°23'28" RT. 0 50 100 150 SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Chan C. Chung 618 Square feet or 0.014 acres ENGINEERING CORPORATION T.B.P.L.S. REG. NUMBER 101188-00 3100 WEST ALABAMA HOUSTON, TEXAS 77098 (713) 520"9570