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Home My WebLink AboutRes 2015-10-106 Bernal Temp Sewer Easement.pdfCITY OF ANNA, TEXAS RESOLUTION NO. j ,)04-5- /C /6 (Bernal City Easement) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.127 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.243 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS 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 sewer lines and associated facilities to meet the public need to provide sewer 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 sanitary sewer easement and temporary construction easement not now held by the City of Anna for such sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements 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 sanitary sewer easement and a temporary construction easement, providing limited rights on and under 0.127 acres of real property, more or less, and 0.243 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 sewer 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. 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. Easements to be Acquired 2.01 The necessary permanent sanitary sewer easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.127 acres of real property (the "Sanitary Sewer Easement"), held by Hector Bernal and Janice Bernal and/or others. Said approximate 0.127 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. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent sanitary sewer easement. 2.02 The necessary temporary construction easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.243 acres of real property (the "Temporary Construction Easement"), held by Hector Bernal and Janice Bernal and/or others. Said approximate 0.243 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. The precise temporary easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement. 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 Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal CITY OF ANNA, TEXAS RESOLUTION NO.�; f " ��'�� PAGE 2 OF 3 counsel if determined necessary by said attorneys, to acquire the needed Sanitary Sewer Easement and the Temporary Construction 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 and other legal counsel if determined necessary by said attorneys,—as necessary and in the appropriate sequence—to have the Sanitary Sewer Easement and the Temporary Construction 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 Sanitary Sewer Easement and the Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Sanitary Sewer Easement and the Temporary Construction 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 Sanitary Sewer Easement and the Temporary Construction 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 Sanitary Sewer Easement and the Temporary Construction 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 the City of Anna, Texas, this 13th day of October, 2015. ATTESTED: City Secretary, C iuiin1Jyrrrrr/s OF APPROVED: a: w a` 0 B 0 f 6 L. Smith ®, •a°a• ®•• ayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION 406,PAGE 3 OF 3 Parcel No. 10 5/12/2015 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS LOT 26, WOODLAND MEADOWS ADDITION Being a strip of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and being over, under and across Lot 26 of Woodland Meadows, an Addition to the City of Anna, recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, and being a 3.6902 acre tract of land conveyed to Hector Bernal and Janice Bernal by deed recorded in Instrument No. 20060703000907110 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 20 -foot wide Permanent Sanitary Sewer Easement being more particularly described as follows: BEGINNING at a point for corner in the south property line of said 3.6902 acre Bernal tract, said point being in the north property line of Lot 27, said Woodland Meadows Addition, said Lot 27 also being a 4.1282 acre tract of land conveyed to Christ Plumlle and Lisa Plumlle by deed recorded in Instrument No. 20100624000646560 of the D.R.C.C.T., said point bears N 74°23'57" W, a distance of 13.33 feet from a 1/2 -inch iron rod found with cap in the south property line of said 3.6902 acre Bernal tract and in the north property line of said 4.1282 acre Plumlle tract, said point also bears N 16°46'02" W, a distance of 404.72 feet from a 'T' Post found in the south property line of said 4.1282 acre Plun-ille tract; THENCE N 74023'57" W, along the south property line of said 3.6902 acre Bengal tract and the north property line of said 4.1282 acre Plumlle tract, a distance of 21.65 feet to a point for corner; THENCE N 06053'52" W, departing the south property line of said 3.6902 acre Bernal tract and the north property line of said 4.1282 acre Plunille, a distance of 276.29 feet to a point for corner, said point being in the north property line of said 3.6902 acre Bernal tract and in the south property line of Lot 17, said Woodland Meadows Addition, said Lot 17 also being a 6.1019 acre tract of land conveyed to Erlinda Gan by a deed recorded in Vol. 3393, Page 336 of the D.R.C.C.T.; THENCE N 88028'39" E, along the north property line of said 3.6902 acre Benial tract and the south property line of said 6.1019 acre Gan tract, a distance of 13.62 feet to a point for a corer, THENCE S 25°35'21" E, continuing along the north property line of said 3.6902 acre Bernal tract and the south property line of said 6.1019 acre Gan tract, a distance of 20.08 feet to a point for corner; THENCE S 06053'52" E, departing the north property line of said 3.6902 acre Bengal tract and the south line of said 6.1019 acre Gan tract, a distance of 264.27 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.127 acres of land, more or less. Also, a 30 foot Temporary Construction Easement being immediately adjacent to and west of the above described permanent sanitary sewer easement and containing 0.243 acres of land, more or less. Notes: 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 survey last conducted on 03/20/2015. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. Texas Registration No. 6523 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 60 Dallas, Texas 75243 Phone: 214-361-790 �a OF �I'N ........................... DEREK B. 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