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Home My WebLink AboutRes 2014-10-16 Public Necessity Waterline Easement.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-10-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATERLINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 1.92 ACRES 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 City of Anna plans to construct and/or install water lines and associated facilities to meet the public need to provide water 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 permanent waterline easement not now held by the City of Anna for such water system 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 permanent waterline easement providing limited rights on and under 1.92 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, and/or repair of water 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. 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. RES. 2014-10-16 QJR Partnership Ltd Public Necessity Water Line Easement PAGE 1 OF 3 10-28-14 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. Easement to be Acquired 2.01 The necessary permanent waterline easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 1.92 acres of real property (the "Easement"), held by QJR Partnership LTD and/or others. Said approximate 1.92 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 Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water 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 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 initial and final monetary offers in an attempt to acquire the Easement 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 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. RES. 2014-10-16 QJR Partnership Ltd Public Necessity Water Line Easement PAGE 2 OF 3 10-28-14 PASSED by the City Council of the City of Anna, Texas, this 28th day of October, 2014. ATTESTED: City ecretary, Na ha Wilkinson Mike Crist RES. 2014-10-16 QJR Partnership Ltd Public Necessity Water Line Easement PAGE 3 OF 3 10-28-14 MAI-Moliv 09105114 Tract 4 FIELD NOTE DESCRIPTION FOR PERMANENT VARIABLE WIDTH WATER LINE EASEMENT OVER, UNDER, AND ACROSS THE PROPERTY OF QJR PARTNERSMP LTD (INSTRUMENT NUMBER 20020214000237330 & VOLUME 5106, PAGE 2380, DEED RECORDS OF COLLIN COUNTY, TEXAS) BEING a strip of land for a permanent variable width water line easement generally 20 -feet and 55-fect in width and being over, under and across a 162.12 acre tract located in the F. T. Daffau Survey, Abstract No. 0288, Collin County, Texas, conveyed to QJR Partnership LTD by a deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records of Collin County, Texas (D.R.C.C.T.). Said strip of land being more particularly described as follows: BEGINNING at a point in the west property line of said 162.12 acre QJR Partnership LTD tract and being in the east property line of a 50.53 acre tract conveyed to Two -J Partners LLLP by deed recorded in Instrument Number 20080509000562500, of the D.R.C.C.T., said point being N 58°40'46" E, a distance of 778.69 feet from a 3/8" iron rod found in the south property line of said 50.53 acre Two -J Partners LLLP tract, said 3/8" iron rod also being a northeast corner of a 107.52 acre tract conveyed to Q Seminole Anna Town Center, LP by deed recorded in Instrument Number 20080128000100640, of the D.R.C.C.T. and the northwest corner of a 26.884 acre tract of land being Creekside Phase 3, an addition to the City of Anna as recorded by Subdivision Number S8453, of the Plat Records of Collin County, Texas (P.R.C.C.T.), said point also being N 49°45'00" W and a distance of 639.76 feet from a 5/8" capped iron rod found in the south property line of said 162.12 acre QJR Partnership LTD tract, said iron rod being the northeast corner of said 26.884 acre Creekside Phase 3 addition, and being the northwest corner of a 29.157 acre tract of land being The Falls Phase 2, an addition to the City of Anna as recorded by Subdivision Number S8550, of the P.R.C.C.T.; THENCE, N 0°44'50" E (North per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the common property line, a distance of 59.04 feet to a point for a corner; THENCE, S 48°27'00" E, leaving said common property line, a distance of 328.09 feet to a point for a corner, said point being the beginning of a curve to the left; THENCE, along said curve having a radius of 890.00 feet, a central angle of 28°40'58", and an arc distance of 445.54 feet (chord bearing - S 62047'29" E and chord distance of 440.90 feet) to a point for corner; THENCE, S 89°18'08" E, a distance of 579.24 feet to a point for a coiner; THENCE, S 88°59'32" E, being 55 -feet perpendicular distance from and parallel to the south property line of said 162.12 acre QJR Partnership LTD tract a distance of 407.24 feet to a point for a corner, said point being the beginning of a curve to the right; THENCE, along said curve having a radius of 830.00 feet, a central angle of 1711'30", and an arc distance of 249.04 feet (chord bearing - S 80°23'47" E and chord distance of 248.11 feet) to a point for corner, said point being the beginning of a curve to the lefl; THENCE, along said curve having a radius of 870.00 feet, a central angle of 4°40'52", and an arc distance of 71.08 feet (chord bearing - S 74°08'28" E and chord distance of 71.06 feet) to a point for corner, said point being in the south property line of said 162.12 acre QJR Partnership LTD tract and in the north property line of a 114.608 acre tract conveyed to Anna 455 Residential LP by deed recorded in Instrument Number 20070403000444410, of the D.R.C.C,T.; Page 1 of 3 UprojectsUma\201411 ]\esmt_jlalsldmcdptlons\tmct 4.doe 09/05114 Tract 4 THENCE, N 88°4632" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the common property line of said 162.12 acre QJR Partnership LTD tract and of said 114.608 acre Anna 455 Residential LP tract, a distance of 78.48 feet to a 5/8" iron rod found for a corner, said 5/8" iron rod being at the northeast corner of said 114.608 acre Anna 455 Residential LP tract and at the northeast corner of said 29.157 acre The Falls Phase 2 addition; THENCE, N 88°59'32" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the common property line of said 162.12 acre QJR Partnership LTD tract and said 29.157 acre The Falls Phase 2 addition, a distance of 642.62 feet to a 1/2" iron rod found for a corner; THENCE, N 89°03'49" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along said common property line, a distance of 13.58 feet to a corner (no monument found) in the north property line of said 29.157 acre The Falls Phase 2 addition (plat calls for a 1/2" iron rod); THENCE, N 89°18'24" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along said common property line, a 5/8" capped iron rod found at a distance of 545.31 feet with an offset of 0.39 feet south, then continuing in all a total distance of 595.31 feet to a point for a corner; THENCE, N 0-22'17" E, leaving the said common property line, a distance of 41.41 feet to a point for a corner, said point being the beginning of a non -tangent curve to the right; THENCE, along said curve having a radius of 910.00 feet, a central angle of 27°00'53", and an are distance of 429.06 feet (chord bearing - N 61'57'26" W and chord distance of 425.10 feet) to a point for corner (said call being a part of the 20 -feet wide portion of the easement); THENCE, N 48027'00" W, a distance of 152.32 feet to a point for a corner (said call being a part of the 20 - feet wide portion of the easement); THENCE, N 58°39'03" W, a distance of 139.40 feet to the POINT OF BEGINNING, said permanent variable width water line easement containing 1.92 acres (83,831.32 square feet), more or less. Also, a temporary construction easement being 20 -feet in width and being immediately adjacent to and parallel with the northern legs of the above described permanent variable width water line easement, said temporary construction easement containing 0.98 acre (42,895.31 square feet), more or less. 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD -83, Texas North Central Zone 4202, 2. Field surveys concluded on August 12, 2014. 3. An Easement Plat of even date herewith accompanies this Field Note CPQ OT Date: /0' GARY .CLINTON HENDRICKS Gary C. Hendricks, P.E., R.P.L.S. 5073 T.B.P.L.S. Firm No. 10031800 9�Lp s U Rv��O Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. T.B.P.E. 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