HomeMy WebLinkAboutRes 2015-10-113 Verner Temp Sewer Easement.pdfCITY OF ANNA, TEXAS
RESOLUTION NO . ............... ....__ __
(Verner 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 0.157 ACRES OF
REAL PROPERTY, MORE OR LESS, AND 0.225 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 0.157 acres of real property, more or less, and 0.225 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 0.157 acres of real property (the "Sanitary Sewer Easement"),
held by Gary K. Verner and wife, Ronna Walker Verner and/or others. Said
approximate 0.157 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 0.225 acres of real property (the "Temporary Construction
Easement"), held by Gary K. Verner and wife, Ronna Walker Verner and/or
others. Said approximate 0.225 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 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 OF ANNA, TEXAS PAGE30F3
EXHIBIT II A II
CITY OF ANNA, TEXAS
THROCKMORTON CREEK TRUNK SEWER
PERMANENT SANITARY SEWER EASEMENT
ACROSS THE PROPERTY OF
GARY K. VERNER AND WIFE, RONNA WALKER VERNER
Parcel No. 5
8/31/2015
Being a strip of land 20 feet in width for a pennanent sanitary sewer easement in the Robert A. Johnson Survey,
Abstract No. 4 79, Collin County, Texas, and being over, under and across a 4.192 acre tract of land conveyed to Gary K.
Verner and wife, Ronna Walker Verner by deed recorded in fustrument No. 19971124001000720 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 north property line of said Verner tract, said point being in the south property
line of a 4.486 acre tract ofland conveyed to 0.W. Conway, Jr. and wife, Marie Conway by deed recorded in Instrument
No. 19970724000594490 of the D.R.C.C.T., said point bears S 85°16'33" E, a distance of 487.36 feet from a found
I-inch iron pipe being the northwest property comer of said Verner tract and in the right-of-way of Conway Road
Cul-de-Sac;
THENCE S 85°16'33" E, along the north property line of said Verner tract and along the south property line of said
Conway, Jr. tract, a distance of 20.34 feet to a point for comer;
THENCE S 05°41'51" E, departing said Verner tract north line, a distance of 48.11 feet to a point for a corner;
THENCE S 32°31 '32" W, a distance of 300.31 feet to a point for comer, said point being in the south property line of
said Verner tract and in the north property line of a 5.612 acre tract of land conveyed to Shane Spencer and Crystal
Spencer by deed recorded in fustrument Number 20120727000917890 of the D.R.C.C.T.;
THENCE N 50°32'42" W, along the south property line of said Verner tract and along the north property line of said
Spencer tract, a distance of 20.15 feet to a point for comer, said point bears S 50°32'42" E, a distance of 454.12 feet
from a found 1/2-inch iron rod being the most soutwest comer of said Verner tract and in the right-of-way of said
Conway Road Cul-de-Sac;
THENCE N 32°31 '32" E, departing said Verner tract south line, a distance of290.95 feet to a point for a corner;
THENCE N 05°41 '51" W, a distance of 44.86 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer
Easement containing 0.157 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 0.225 acres of land, more or less.
Notes:
I. 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 Finn No. 100318-00
11910 Greenville Ave., Suite 600
Dallas, Texas 75243
Phone: 214-361-7~0P
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O.W. CONWAY, JR. & WIFE,
MARIE CONWAY
INSTRUMENT NO. 19970724000594490
D.R.C.C.T.
TRACT 1
4.486 AC.
ROBERT A. JOHNSON
SURVEY
ABST. NO. 479
1" IRON
[_PIPE FNO. POINT OF
~ SB~~~E-8~~~6' ---rt~-~BEGINNING
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EXHIBIT "A 11
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GARY K. VERNER & WIFE, ---m~;::;:,..~ . .L
RONNA WALKER VERNER Ns-41 -st"W -,.,.,
--?. INSTRUMENT NO. 44•9~
~~~~~ 19971124001000720
~~ =1-c~ D.R.C.C.T.
~ <9e,_ 4.192 AC. '~~
,rs'SI' ~ 301 TEMPORARY
·?<, ' CONSTRUCTION EASEMENT
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', 0.225 ACRES
(9,791 S.F.}
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NOTES:
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SHANE SPENCER & CRYSTAL
SPENCER
INST. NO. 20120727000917890
D.R.C.C.T.
5.612 AC.
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1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE
BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE
2. FIELD SURVEYS CONCLUDED ON MARCH 20, 2015.
3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH
ACCOMPANIES THIS EXHIBIT.
-
20" PERMANENT
SANITARY SEWER
EASEMENT
0.157 AC. /
/
PARCEL NO. 5
CITY OF ANNA, TEXAS
GARY K. VERNER & WIFE, RONNA WALKER VERNER
PERMANENT SANITARY SEWER EASEMENT
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
TBPE Firm No. 526; TBPLS Finn No. 10031800
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900
August
2015
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