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Home My WebLink AboutRes 2014-11-05 Public Necessity for Addison Wilson Public R-o-W.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-11-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF RIGHT-OF-WAY PROVIDING LIMITED RIGHTS ON AND UNDER 0.123 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID RIGHT-OF- WAY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; 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 Country Road 422, 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 0.123 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. RES. 2014-11-05 Public Ne3cessity-Addison Wilson -Public R -O -W for CR 422 PAGE 1 OF 3 11-13-14 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. 123 acres of real property (the "Right-of-way"), held by Add G. Wilson and/or others. Said approximate 0.123 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. 2014-11-05 Public Ne3cessity-Addison Wilson -Public R -O -W for CR 422 PAGE 2 OF 3 11-13-14 PASSED by the City Council of Anna, Texas, this 13th day of November, 2014. ATTESTED: City ecretary, Natha Wilkinson APPROVED: Mayor, Mike Crist RES. 2014-11-05 Public Ne3cessity-Addison Wilson -Public R -O -W for CR 422 PAGE 3 OF 3 11-13-14 Exhibit A Right -of Way Dedicafion 5,349 Square Feet or 0.123 Acre Grandson Stark Survey, Abstract No. 798 CoOin County, Texas November25, 2013 6xhlb&A SITUATED in the State of Texas and County of Collin. being part of the Grandison Stark Survey, Abstract No. 798 and being part of Tract 2, conveyed to Add G. Wilson as recorded in Volume 40B, Page 90 of the Collin County Land Records with sold premises being more particularly described as follows: BEGINNING at a Glas capped iron rod set in the east right—of—wuy line of State Highway No. 5 (100' Right—of—Way) marking the northwest comer of said premises, the southwest comer of a called 14.761 acre tract (Tract 4) as recorded under County Clerk File No. 96-0110243 of the Collin County Land Records, being in the north line of County Road 422, and being in the west line of said Tract 2; THENCE with the north line of County Road 422, the north line of said premises, and the south line of said 14.761 acre tract, South 89'00'39" East, 84.61 feet to a Glas copped iron rod set in the west line of the Dallas Area Rapid Transit Railroad (called 100' right—of—way per Tract 2) marking the northeast comer of said premises, the southeast corner of said 14.781 acre tract, and being in the east line of said Tract 2; THENCE with the west line of sold DART line, the east line of said Tract 2, and the east line of said premises, South 19'48'29" West, 62.66 feet to o Glas capped iron rod sot marking the southeast corner of said premises and being in the south right—of—way line of a proposed road (80' Right—of—Woy); THENCE with the south line of said premises and the south line of said road, North 89'35'55" West, 59.91 feet to o Glas Gapped iron rod set and South 55'D6'17" West, 40.81 feet to a Glas capped iron rod set in the east right—of—way line of State Highway No. 5 marking the southwest corner of said premises, and being in the west line of said Tract 2; THENCE with the east right—of—way line of State Highway No. 5, the west One of said Tract 2, and the west line of said premises, North 19'48'29" East, 88.58 feet to the point of beginning and containing 5,349 square feet or 0.123 acre of land. NOTE- Tract 2, conveyed to Add G. Wiison as recorded In Volume 408, page 90 of the Collin County Land Records calls for the DART line to be a 100' right—of—way; however, the deed to Houston & Texas Central Railway Company as recorded in Volume V, Page 603 of the Collin County Land Records calls for the right of—way to be 200'. 2114 Fitt 1553 Wolfe Cify, Texas 75496 Office.- (903) 496-2084 www. ylaslandsurveying. cam Right -of -Way Dedication 5,349 Square Feet or 0.923 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas State HighWNo 5 Novembe2093 a y Exhibbitit B (100' Right—of—Way) rock road' Oy} WJ Anna Town Center No. 41SHRP, Ltd. Col%d 129.92 Acres (Tract 1) Vol. 5631, Pg. 2600, CCLR CountyRoad 422 (Rook Road) v U .O Property Line per Houston & Texas Central Railway Company (Called 200' Right—of—Way) VOL. V, Pg. 603, CCLR LINE BEARING DISTANCE L1 S89'00'39"E 84.61' L2 S19'48'29"W 62.66' L3 N89'35'55"W 59.91' L4 S55'06'17"W 40.81' L5 N19'48'29"E 88.58' Notes: 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on GPS North as observed on July 31, 2013. 4) CM is a controlling monument. 5) Glas capped iron rods set at all property corners. 6) DART = Dallas Area Rapid Transit. 7) Right—of—Way for State Highway No. 5 established using Texas Department of Transportation Right—of—Way map dated October 1934. IN Gla s Land Surveying 2114 FM 1563 Wolfe City, Texas 75496 Office: (903) 496-2084 www, glaslandsurveying. com