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Home My WebLink AboutRes 2015-10-107 Davidson Temp Sewer Easement.pdfCITY OF ANNA, TEXAS RESOLUTION NO. ____ ............___.............___,__ (Davidson -City Easement) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.147 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 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 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 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 temporary construction easement, providing limited rights on and under 0.147 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. Easement to be Acquired 2.01 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 0.147 acres of real property (the "Temporary Construction Easement"), held by Gerald Ray Davidson and/or others. Said approximate 0.147 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 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 counsel if determined necessary by said attorneys, to acquire the needed 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 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 Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Temporary Construction Easement in an efficient manner, and, if necessary, to CITY OF ANNA, TEXAS PAGE 2 OF 3 institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire 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 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. CITY OF ANNA, TEXAS PAGE 3 OF 3 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 16, TWIN CREEKS ADDITION (UNRECORDED) Parcel No. 14 10/5/2015 Being a strip of land for a 15-foot wide temporary constmction easement in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and being over, under and across Lot 16 of Twin Creeks, an unrecorded Addition found in Slide 2679 of the Collin Central Appraisal District Plat Records, and being a l.781 acre tract of land conveyed to Gerald Ray Davidson by deed recorded in Instrument No. 20020405000502240 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 15-foot wide Temporary Construction Easement being more particularly described as follows: BEGINNING at a point for corner, said point being the northeast corner of said 1. 781 acre Davidson Tract and in the center of Twin Creeks Circle, a public 80-foot wide roadway and waterline easement as recorded in Volume 1027, Page 80, of the D.R.C.C.T., said point also being the southeast corner of Lot 15 of said Twin Creeks Addition, said Lot 15 also being a 2.236 acre tract of land conveyed to Jack L. Brownings and wife Barbara K. Brownings by deed recorded in Instrument No. 19991020001290710 of the D.R.C.C.T. said point also being the southwest corner of Lot 30 of said Twin Creeks Addition, said Lot 30 also being a 2.506 acre tract of land conveyed to William B. Bigham & wife, Denise Bigham by deed recorded in Volume 2984, Page 639 of the D.R.C.C.T.; THENCE S 15°02'43" W, along the center of said Twin Creeks Circle and the east property line of said 1.781 acre Davidson Tract, a distance of 15.51 feet to a point for corner; THENCE N 89°43'01" W, depaiiing the center of said Twin Creeks Circle and the east prope1iy line of said 1.781 acre Davidson Tract, a distance of 422.93 feet to a point for corner, said point being in the center of Throckmorton Creek, said point also being in the west propetiy line of said 1.781 acre Davidson Tract, and also being in the east prope1iy line of Lot 27 of Woodland Meadows, an addition recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, said Lot 27 also being a 4.1282 acre tract of land conveyed to Chris Plumlee and Lisa Plumlee by deed recorded in Instrument No. 20100624000646560 of the D.R.C.C.T.; THENCE N 17°07' 17" W, along the center of Throckmorton Creek and the common propeiiy line of said 1. 781 acre Davidson tract, and said 4.1282 acre Plumlee tract, a distance of 15.72 feet to a point for a corner at the nmihwest corner of said 1. 781 acre Davidson tract, said point bearing S 72°01'41" E, a distance of 85 .46 feet from a 'T' post found in the south propetiy line of said 4.1282 acre Plumlee tract, said point also bears S 24°17'42" E, a distance of 450 .17 feet from a 112-inch iron rod found with cap in the north prope1iy line of said 4.1282 acre Plumlee tract; THENCE S 89°43'01" E, depatiing the center ofThrockmo1ton Creek, and being along the north line of said 1.781 acre Davidson tract, a distance of 275.21 feet to the POINT OF BEGINNING, said Temporary Construction Easement containing 0 .14 7 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 600 Dallas, Texas 75243 Phone: 214-361-79 0 l-f.\Ptnit>r.t ... \Annn\?014 ltld Thrnrkmnrtnn Tmnk !'o\.Pwt"r\ER•;i~mr.nt Plnt<:.\0p<;rrintinno;:.\14~(hm11ri Rav OaviOo:.nn clnr:l< PrwP. I n(J. CHRIS PLUMLEE & USA PLUMLEE, INST. NO. 20100624000646560 4.1282 AC. ---+--1 /2n l.R.F. \ W/CAP ~ .. PART OF LOTS 28 & 29 -i: ~D •EAoows ADDmDN .. ... · ~ ROBERT A JOHNSON .e. , SURVEY '~ ABST. NO. 479 ' ' 0 100 ~-BJ HORIZONTAL SCALE IN FEIT SCALE: 1''=100' ~ NOTES: '1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202. I 2. FIELD SURVEYS CONCLUDED ON MARCH 20, 2015. 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. "-I 0 0 z z N89°43'01 "W 422.93' EZRA SHELBY SURVEY ASST. NO. 839 GERALD RAY DAVIDSON --r -Wf52C TWIN CREEKS ADDmON ti ti INST. NO • ~ :s I ;::- I (UNRECORDED) STEVE HENSCHEL & TIFFANY HENSCHEL ~ ~ 20020405000502240 I 1.781 AC. I LOT 16 HOUSE TWIN CREEKS ADDmON (UNRECORDED) SLIDE 2679, C.C.A.D.P.R. ------ '§I "'"" I I C!) I INST. NO. 20100628000656460 D.R.C.C.T. 0.667 AC. -------- -I . EXIST. 80' ROADWAY & W.L ESMT. VOL 1027, PG. 80 D.R.C.C.T. I I JJ_ PARCEL NO. 14 CITY OF ANNA, TEXAS GERALD RAY DAVIDSON TEMPORARY CONSTRUCTION EASEMENT BIRK.HOFF, HENDRICKS & CARTER, L.L.P. October PROFESSIONAL ENGINEERS TBPE Firm No. 526; TBPLS Firm No. 10031800 2Q 15 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 Page2of2