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Home My WebLink AboutRes 2014-07-09 Public Necessity - Queen - Right-of-Way.pdfCITY OF ANNA, TEXAS RESOLUTION N• 2014-07-0 RESOLUTION OF • OF OF THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION PROVIDING ACRES OF REAL PROPERTY, MOREAUTHORIZINGSTAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID RIGHT-OF- WAY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS,PROCEEDINGS • • PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to provide for the safe and efficient movement of vehicular traffic, the City of Anna plans to construct roadway improvements to Ferguson Parkway, a public street; and WHEREAS, it is necessary to acquire certain street right-of-way not now held by the City of Anna for such public roadway improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said right-of-way and/or to pursue the right-of-way 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 right-of-way providing limited rights on and under 0.574 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purpose of constructing, laying, maintaining, repairing and/or replacing public roadway improvements, 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. 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. RFS. 2014-07-09 Public Necessity -Troy & Floella Queen -Right-of-way PAGE 1 OF 3 07-22-14 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. Right-of-way to be Acquired 2.01 The necessary right-of-way sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.574 acres of real property (the "Right-of-way"), held by Troy Queen and Floella Queen and/or others. Said approximate 0.574 acres 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. 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 Right-of-way identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing public roadway improvements. 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 Right-of-way 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 Right-of-way appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and 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 Right-of-way on and under the affected real property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Right-of-way 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 Right-of-way. 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 Right-of-way identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. RES. 2014-07-09 Public Necessity -Troy & Tloella Queen -Right-of-way PAGE 2 OT 3 07-22-14 PASSED by the City Council of Anna, Texas, this 22"d day of July, 2014. RFS. 2014-07-09 Public Necessity -Troy & Floella Queen -Right-of-way PAGE 3 OF 3 07-22-14 wo9l Ptofouloned Sg%ico% Inc. 30' WIDE EASEMENT INSTR. #98-0100210 O.P.R.C.C.T. 1 I 1 i I — —-P.O.B:1/2"IRON1 ROD (FOUND) Length Line Table Line # Length Direction L1 277.79 N01 °36'48"W L2 90.20 S870490021.E L3 277.48 S01036'48"E L4 90.18 N88000'43"W SURVEYOR'S CERTIFICATE I I I L2 z E Z LU LLz 00 (W Q 00 00 0�w EL 0 That I, Harry L. Dickens, do hereby certify that I have prepared this plot and the field notes shown hereon from an on the ground survey of the land, and this plat is o true, correct and accurate representation of the physical evidence found at the time of the survey, that the corner monuments shown hereon were found and/or placed under my personal supervision. DATED this the 30th day of M& 2014. 1 FELLOWSHIP OF PLANO CALLED: 7,466 ACRES INSTR.#20140411000348300 1/2" IRON O.P.R.C.C.T. ROD (FOUND) r S87°49'02"E 1477.82 PROPOSED 90' WIDE TROY QUEEN AND WIFE, M RIGHT-OF-WAY ELOELLA QUEEN J 0.574 ACRES CALLED: 10.27 ACRES (24,988 SQ FT) VOLUME 5707, PAGE 4433 O.P.R.C.C.T. -' S88°00'43"E 1477.00- 1/2" IRON BLOOMFIELD HOMES L.P. ROD (FOUND) CALLED: 58 ACRES T�� r INSTR.#20121002001246520 O.P.R.C.C.T. 11 . X 4 NOTES: 1_ ALL DISTANCES SHOWN ARE TEXAS STATE PLANE, NA083 (2011), TEXAS NORTH CENTRAL ZONE 4202, U.S. SURVEY FEET WITH A COMBINED SCALE FACTOR OF 0.999851303 BEARINGS BASIS IS GRID NORTH. 2. PROPERTY DESCRIPTION WITH SAME DATE ACCOMPANIES THIS PLAT. Harry L. Dick s 05/30/2014 aSUR\) SCALE 9" = 200' Registered r essional Land Sury yor No. 5939 ° zoo eW AW TIPTON ENGINEERING ASa division of Westwood 2740 North Dallas Parkway, Suite 280 RIGM Plano, Texas 75093 sheep 1 of Ph: (972) 793-0300 Joseph Schlu Survey_ A No, 5® ®,�4 En . Firm No. F-11756, Tx Surve Firm No. 10074301 City of ,Collin ty, T Date: Eng. y 0003813—ROW1dwg MEND P.O.B, = POINT OF BEGINNING (!{� ,.••... C P, R.C.CT, = PLAT RECORDS, COWN COUNTY, TEXAS 6 �'�� 0,P,R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS •..: •.n..nu•. 0 ........ HARRY L. DICKENS0 0 = MONUMENT FOUND (AS NOTED) .•r •••u.•..•..+...•...,.t•.•. = 5/B" IRON ROD SET W/ CAP "WESTWOOD" 0 5939 ,,. STAMPED Harry L. Dick s 05/30/2014 aSUR\) SCALE 9" = 200' Registered r essional Land Sury yor No. 5939 ° zoo eW AW TIPTON ENGINEERING ASa division of Westwood 2740 North Dallas Parkway, Suite 280 RIGM Plano, Texas 75093 sheep 1 of Ph: (972) 793-0300 Joseph Schlu Survey_ A No, 5® ®,�4 En . Firm No. F-11756, Tx Surve Firm No. 10074301 City of ,Collin ty, T Date: Eng. y 0003813—ROW1dwg o2014 EXHIBIT A 90' WIDE RIGHT—OF—WAY 0.574 ACRES BEING a 0.574 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 856, City of Anna, Collin, County, Texas, and being o portion of a tract of land described in deed to Troy Queen and wife, Eloella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas (OPRCCT) and being more particularly described as follows: BEGINNING at a 1/2—inch iron rod found in the east line of Oak Hollow Estates, Phase 2, recorded in Cabinet 0, Page 392 of the Plot Records of Collin County, Texas (PRCCT), the southwest corner of said Queen tract and the northwest corner of a tract of land described in deed to Bloomfield Homes, L.P., recorded in County Clerk Instrument No. 20121002001246520 (OPRCCT); THENCE North 01 Degrees 36 Minutes 48 Seconds West, along the common east line of said Oak Hollow Estates and the west line of said Queen tract, a distance of 277.79 feet to a 5/8—inch iron rod with yellow cap stomped 11 WESTWOOD PS" set at the northwest corner of said Queen tract the some being the southwest corner of a tract of land described in deed to Fellowship of Plano tract recorded in County Clerks Instrument No. 20140411000348300 (OPRCCT); THENCE South 87 Degrees 49 Minutes 02 Seconds East, along the common north line of said Queen tract and south line of said Fellowship of Plano tract, a distance of 90.20 feet to a 5/8—inch iron rod with yellow cap stamped "WESTWOOD PS" set, from which a 1/2—inch iron rod found in said common line bears South 87 Degrees 49 Minutes 02 Seconds East, a distance of 1477.82 feet; THENCE South 01 Degrees 36 Minutes 48 Seconds East, a distance of 277.48 feet to a 5/8—inch iron rod with yellow cap stamped "WESTWOOD PS" set in the south line of said Queen tract the some being the common north line of aforementioned Bloomfield Homes tract, from which a 1/2—iron rod found in said common line bears South 88 Degrees 00 Minutes 43 Seconds East, a distance of 1477 00 feet; THENCE North 88 Degrees 00 Minutes 43 Seconds West, along the common south line of said Queen tract and the north line of said Bloomfield Homes tract, a distance of 90.14 feet to the POINT OF BEGINNING and containing 24,988 square feet or 0.574 of an acre of land within these metes described. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (201 1) Texas North Central Zone (4202). Harry i.. RPLS No TIPTON ENGINEERING a division of Westwood AS 2740 North Dollos Parkway, Suite 280 Plano, Texas 75093 Ph:(972) 793-0300 Eng. Firm No. F-11756, Tx Survey Firm No. 10074301 �i�t 0�55)�?��