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Home My WebLink AboutRes 2015-10-108 Petersen Temp Sewer Easement.pdfCITY OF ANNA, TEXAS RESOLUTION NO. _............., _____ (Petersen 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 0.150 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.241 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 0.150 acres of real property, more or less, and 0.241 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 0.150 acres of real property (the "Sanitary Sewer Easement"), held by Jon Michael Petersen and wife Laura Jean Petersen and/or others. Said approximate 0.150 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 0.241 acres of real property (the "Temporary Construction Easement"), held by Jon Michael Petersen and wife Laura Jean Petersen and/or others. Said approximate 0.241 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 '1 ·· 'c' RESOLUTION NO.:~\lJ'.::.; 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. CITY OF ANNA, TEXAS RESOLUTION NO. J.c/ PAGE 3 OF 3 EXHIBIT "A II CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS LOT 15, WOODLAND MEADOWS ADDITION Parcel No. 7 8/31/2015 Being a strip of land 20 feet in width for a permanent sanitary sewer 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 15 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 3.8505 acre tract of land conveyed to Jon Michael Petersen and wife Laura Jean Petersen by deed recorded in fustrument No. 19990730000955880 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 comer in the south property line of said 3.8505 acre Petersen tract, said point being in the north property line of Lot 16, said Woodland Meadows Addition, said Lot 16 also being a 4.7862 acre tract of land conveyed to Dr. Yao Cheng Ong and Cheng Eng Ong by deed recorded in Vol. 1515, Page 12 of the D.R.C.C.T., said point bears S 58°07'09" E, a distance of 574.32 feet from a 3/8-inch iron rod found for the northwest property corner of said 3.8505 acre Petersen tract and being in the right-of-way line of Conway Road Cul-de-Sac, said point also bears S 66°33'21" E, a distance of 571.91 feet from a 3/8-inch iron rod found for the northwest comer of said 4.7862 acre Ong tract and being in the right-of-way line of said Conway Road Cul-de-Sac; THENCE N 17°08'06" E, departing the south property line of said 3.8505 acre Petersen tract and the notth prope1ty line of said 4. 7862 acre Ong tract, a distance of 204.10 feet to a point for corner; THENCE N 47°38'13" E, a distance of 131.98 feet to a point for a corner, said point being in the east property line of said 3.8505 acre Petersen tract and in the west line of a 5.612 acre tract of land conveyed to Shane Spencer and Crystal Spencer by a deed recorded in fustrument No. 20120727000917890 of the D.R.C.C.T.; THENCE S 09°21 '52" E, along the east property line of said 3.8505 acre Petersen tract and the west property line of said 5.612 acre Spencer tract, a distance of 23.85 feet to a point for corner; THENCE S 47°38'13" W, departing the east property line of said 3.8505 acre Petersen tract and the west property line of said 5.612 acre Spencer tract, a distance of 113.54 feet to a point for corner; THENCE S 17°08'06" W, a distance of 202.32 feet to a point for comer, said point being in the south property line of said 3.8505 acre Petersen tract and in the north property line of said 4. 7862 acre Ong tract; THENCE N 62°28'30" W, along the south property line of said 3.8505 acre Petersen tract and the north property line of said 4. 7862 acre Ong tract and, a distance of 20.33 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.150 acres ofland, 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 0.241 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 surveys concluded 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 ()r1, Phone: 214-361a79<0 ,f> .f(''.: /!);t:/11 I~ -!-r_y;J. (.; // / ( SHANE SPENCER & \ CRYSTAL SPENCER ' EXHIBIT "A" ROBERT A. JOHNSON SURVEY ABST. NO. 479 l -------- ::) -------JON MICHAEL :-----PETERSEN &: WIFE, LAURA LOT 15, WOODLAND MEADOWS VOL C, PG. 713 M.R.C.C.T. JEAN PETERSEN INST. NO. 19990730000955880 VOL 4469, PG. 2630 -~<3/8" l.R.F. 3.8505 AC. '-0 30' TBIPORARY , //'-. CONSTRUCTION 9SEllENT \ '~,, 0.241 ACRES :/;-~'--i--:,~' (10,490 S.F.) ~ 3/8" l.R.F. Y'...... '-'-N1708'06"E / :::::.~", 204.10' //J REFERENCE BEARING J ....._ '-'-~ N58"07'09"W -574.32' ....._ ....._ ..:.._'-~ ~ --.;::~ v//I REFERENCE BEARING °"' /A N66"33'21 "W -571.92' DR. YAO CHENG ONG & CHENG ENG ONG LOT 16, WOODLAND MEADOWS VOL 1515, PG. 12 \ 4.7862 AC. POINT OF BEGINNING NOTES: 1 . BEARINGS AND DISTANCES CITED ON THIS PLAT ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH /J{j./ CENTRAL ZONE 4202. /f) /:1, / -,):;t . 2. FIELD SURVEYS CONCLUDED ON MARCH 20, 201~.~1 _ 'jj~ 3. A FIELD NOTE DESCRIPTION OF EVEN DATE 1 ,. 1q/v 1 '/ (-t; HEREWITH ACCOMPANIES THIS EXHIBIT. V \ ' INST. NO. \_ 20120727000917890 5.612 AC. TRIBUTARY OF THROCKMORTON CREEK I I ABST. NO: _47_9--~--.Jo---- ABST. NO. 839 7 t" \ EZRA SHELBY SURVEY ~ ABST. NO. 839 v:----S9"21 ".52"E 23.85' ~~..J-2-01-A-~-~U-~-M-~N-T_-,\ SANITARY SEWER EASEMENT 0.150 AC. I ~519 S.F. _J // c¥.lJ.OR1~ \\"\RO -- 0 100 --fl._7"''iJ_'{.. HORIZONTAL SCALE IN FEET SCALE: 1·=100' PARCEL NO. 7 CITY OF ANNA, TEXAS JON MICHAEL PETERSEN & WIFE, LAURA JEAN PETERSEN PERMANENT SANITARY SEWER EASEMENT BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TBPE Finn No. 526; TBPLS Firm No, 10031800 11910 GreenviUe Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 August 2015 Page2of2