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Home My WebLink AboutRes 2015-10-110 Plulmlee Temp Sewer Easement Tract 2.pdfCITY OF ANNA, TEXAS RESOLUTION NO. __._ __ _ (Plumlee City Easement Tract 2) 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 0.024 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.014 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 0.024 acres of real property, more or less, and 0.014 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 0.024 acres of real property (the "Sanitary Sewer Easement"), held by Chris Plumlee and Lisa Plumlee and/or others. Said approximate 0.024 acres of real property is generally aligned and described as Tract 2 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 0.014 acres of real property (the "Temporary Construction Easement"), held by Chris Plumlee and Lisa Plumlee and/or others. Said approximate 0.014 acres of real property is generally aligned and described as Tract 2 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 counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS '" .· :c~ RESOLUTION NO • .:.{ U I,; PAGE 2 OF 3 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: ,,,,'''11011111F1111~''11,1,,_ APPROVED: ,~ ~I '1 A.. 1"1,,-~ '~' •"····'"If~~ / // \ / , / /'2 : ._ a /~ j j t / : ~._1<~/f ;( : : ~ ' 1f ().~···· ·• ..• .,..,\w.:fo( l I • ' l, , ,,; ' L ( · / \::0 * ~ : "' ;:: City Secretary Carrie L. Smith ~ \. /* ....,_~~~-yo_r_M-ik_e_C_r-is~t ::;;r"-------- ~ * .. ..· ~ CITY OF ANNA, TEXAS 'f>IJJ •• ' ••••• re::.. ·.;S' '""'tr~, f' I: X ~,..., ~\''",.,. 11111111111 ii\\\\~\~ RESOLUTION NO.~ c/6 I 0 PAGE30F3 EXHIBIT II A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS LOT 27, WOODLAND MEADOWS ADDITION Parcel No. 11 7130/2015 Being two tracts 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 27 of Woodland Meadows, an addition to the City of Anna, 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 Deed Records of Collin County, Texas, (D.R.C.C.T.) said 20-foot wide Permanent Sanitary Sewer Easements being more particularly described as follows: TRACT 1 BEGINNING at a point for corner in the no1ih property line of said 4.1282 acre Plumlee tract, said point being in the south property line of Lot 26 of said Woodland Meadows Addition, said Lot 26 also being a 3.6902 acre tract of land conveyed to Hector Bernal and Janice Bernal by deed recorded in Instrument No. 20060703000907110 of the D.R.C.C.T., said point bears N 74°23 157" W, a distance of 13.33 feet from a found 1/2-inch iron rod found with cap, in the n01ih property line of said 4.1282 acre Plumlee tract and the south prope1ty line of said 3.6902 acre Bernal tract, said point also bears N 16°46 102" W, a distance of 404.72 feet from a 'T' Post found in the south property line of said 4.1282 acre Plumlee tract; THENCE S 06°53'52" E, departing the north property line of said 4.1282 acre Plumlee tract and the south property line of said 3.6902 acre Bernal tract, a distance of 342.07 feet to a point for corner, said point being in the south prope1iy line of said 4.1282 acre Plumlee tract and being in the north prope1ty line of a tract being pa1i of Lot 28 and 29 of said Woodland Meadows, said part of Lot 28 and 29 also being a 4.999 acre tract of land conveyed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs by deed recorded in lnstrnment No. 20050620000814000 (also recorded in Vol. 5943, Page 1524) of the D.R.C.C.T.; THENCE N 57°39'13" W, along the south property line of said 4.1282 acre Plumlee tract and the north prope1ty line of said 4.999 acre Tubbs tract, a distance of 25.82 feet to a point for comer; THENCE N 06°53'52" W, departing the south property line of said 4.1282 acre Plumlee tract and the n01th property line of said 4.999 acre Tubbs tract, a distance of 334.01 feet to a point for a corner, said point being in the north property line of said 4.1282 acre Plumlee tract and being in the south property line of said 3.6902 acre Bernal tract, THENCE S 74°23'57" E, along the north prope1ty line of said 4.1282 acre Plumlee tract and the south property line of said 3.6902 acre Bernal tract, a distance of 21.65 feet the POINT OF BEGINNING, said Permanent Sanitary Sewe1 Easement containing 0 .15 5 acres of land, more or less in TRACT 1. Also, a 30 foot Temporary Construction Easement being ilmnediately adjacent to and west of the above describe< permanent sanitary sewer easement and containing 0.226 acres of land, more or less. H:\Projecis\Auna\2014144 Throckmorton Tnmk Sewer\Eascment Plats\Desciiplions\rt -Cluis-Lisa Plumlee Parcel No l l.docx Page 1 of3 TRACT2 Parcel No. 11 7/30/2015 BEGINNING at a point for corner in the south property line of said 4.1282 acre Plumlee tract, said point being in the north property line of said 4.999 acre Tubbs tract, said point bears S 57°39'13" E, a distance of 11.24 feet from a 'T' Post found in the south prope1ty line of said 4.1282 acre Plumlee tract and the north line of said 4.999 acre Tubbs tract, said point also bears S 16°13'03" E, a distance of 406.11 feet from a 1/2-inch iron rod found with cap in the north prope1ty line of said 4.1282 Plumlee tract and also being in the south prope1ty line of said 3.6902 acre Bernal tract; THENCE S 89°43'01" E, depaiting the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 65.63 feet to a point for corner, said point being in the east property line of said 4.1282 acre Plumlee tract and being in the west property line of a 2.236 acre tract of land conveyed to Jack L. Browning and wife Barbara K. Browning by deed recorded in Instrument No. 19991020001290710 of the D.R.C.C.T., said point also being in the center of Throckmorton Creek; THENCE S 17°07'17" E, along the east property line of said 4.1282 acre Plumlee tract, the west property line of said 2.236 acre Browning tract and the center of Throckmo1ton Creek, a distance of 20.96 feet to a point for corner at the southwest property corner of said 2.236 acre Browning tract, said point also being the northwest property corner of a 1.781 acre tract of land conveyed to Gerald Ray Davidson by deed recorded in Instrument No. 20020405000502240 of the D.R.C.C.T.; THENCE N 89°43'01" W, departing the east property line of said 4.1282 acre Plumlee tract, a distance of 39.97 feet to a point for corner, said point being in the south line of said 4.1282 acre Plumlee tract and in the north line of said 4.999 acre Tubbs h·act; THENCE N 57°39'13" W, along the south property line of said 4.1282 acre Plumlee tract and the no1th propeity line of said 4.999 acre Tubbs tract, a distance of 37.67 feet the POINT OF BEGINNING, said Permanent Sanitaiy Sewer Easement containing 0.024 acres ofland, more or less in TRACT 2. Also, a variable width Temporary Construction Easement being immediately adjacent to and south of the above described permanent sanitaiy sewer easement, extending to the southeast comer of said 4.1282 acre Plumlee tract, and containing 0.014 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 Notth 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: 214-361-7900 H:\Projccls\Anna\2014144 Throckmorton Trunk Sewcr\Easement Plats\Descriptions\11-Chris-Lisa P!un~ce Paree! No I l.docx Page2 of3 / / 30' TEMPORARY CONSTRUC110N EASEMENT 0.226 ACRES {9;839 S.F.) ROBERT A. JOHNSON / PART OF LOTS 28 & 29 SURVEY/ WOODLAND MEADOWS ADDITION ABST. NO. 479 KERRY B. TUBBS & WIFE, GWENDOLYN M. ISELT TUBBS INST. NO. 20050620000814000 VOL 5943, PG. 1524 D.R.C.C.T. 4.999 AC. / N5/39'13"'W / 25.82' N15·4s·o2"W -404.72' REFERENCE BEARING / REFERENCE BEARING ii S5/39'13"E -11.24' E \ 1 / CHRIS PLUMLEE &:/ USA PLUMLEE EXHIBIT "A" INST. NO. 20100624000646560/ D.R.C.C.T. 4.1282 AC. LOT 27 WOODLAND MEADOWS ADDITION VOL C, PG. 713 M.R.C.C.T. No53'52"'W 334.01' __. ~ ----- 0 100 ~-BJ HORIZONTAL SCALE IN FEET SCALE: 1 "=100' LOT 26 WOODLAND MEADOWS ADDITION HECTOR BERNAL & JANICE BERNAL INST. NO. 20060703000907110 574"23 '57"£ D.R.C.C.T. ~ 21_65, 3.6902 AC. POINT OF \ ) // ~ / POINT OF ~ // BEGINNING ----- " " " 2 ------------I ------ :: 2. FIELD SURVEYS WERE CONCLUDED ON MARCH 20, 201 0 " " 3. TRACT NO. 1 ---~~--,L.,....,_--120 1 PERMANENT REFERENCE BEARING S16.13'03"E -406.11' THROCKMORTON CREEK I I SANITARY SEWER EASEMENT 0.155 AC. {6,761 S.F.) ABST. NO. 479 ASST. NO. 839 PARCEL NO. 11 CITY OF ANNA, TEXAS CHRIS PLUMLEE & USA PLUMLEE PERMANENT SANITARY SEWER EASEMENT July 2015