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Home My WebLink AboutRes 2023-07-1492 Aquisition of Permanent Water Line Easement- 0.017 & 0.001 AcresCITY OF ANNA, TEXAS RESOLUTION NO. 26 23- o-7 -14 g 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.017 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 0.001 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 water lines and associated appurtenances to meet the public need to provide water 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 water line easement not now held by the City of Anna for such water 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 water line easement and a temporary construction easement, respectively providing limited rights on and under 0.017 acres of real property, more or less, and 0.001 acres of real property, more or less, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of water lines and related appurtenances, 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. CITY OF ANNA, TEXAS RESOLUTION NO.20,23- (3 =? - 14ci 2 PAGE 1 OF 7 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, and to comply with all other applicable law. 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 law. Section 2. Easements to be Acquired (a) The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.017 acres of real property (the "Permanent Water Line Easement"), held by Sueko Namaka Hoff and/or others. Said approximate 0.017 acres of real property is generally aligned and described as shown 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 water line easement to be acquired. (b) The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.001 acres of real property (the "Temporary Construction Easement"), held by Sueko Namaka Hoff and/or others. Said approximate 0.001 acres of real property is generally aligned and described as shown 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 to be acquired. 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 Permanent Water Line Easement and Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines and related appurtenances. 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 CITY OF ANNA, TEXAS RESOLUTION NO. 2OA3-Q?' 14C1 02 PAGE 2 OF 7 if determined necessary by said attorneys, to acquire the needed Permanent Water Line Easement and 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 Permanent Water Line Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner's Bill of Rights prepared by the Office of the Attorney General of Texas, 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 Permanent Water Line Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Permanent Water Line Easement and 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 Permanent Water Line Easement and 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 Permanent Water Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, thisCVQHiy of 2023. ATTF.STpn. APPPo\1Pn- CITY OF ANNA, TEXAS RESOLUTION NO. 2. 23 - C57- t 4Q Q PAGE 3 OF 7 Exhibit A FIELD NOTE DESCRIPTION VARIABLE WIDTH PERMANENT WATER UNE EASEMENT CITY OF ANNA, TEXAS Being a variable width Permanent Water Line Easement, and being under, over and across a tract of land located in the Grande son Slark Survey, Abstract 798, City of Anna, Collin County, Texas, and being a called 0.432 acre tract of land conveyed to Sueko Namaka Hoff by a deed now of record in Instrument Number 2011- 0729000793490, of the Official Public Records of Collin County,1exas (OPRCCT), said variable width Pennaneun Water Line Easement being more particularly described as follows; BEGINNING at a point for comer, from which a PK nail was found bearing S 24845'24" E, a distance of 0.I S feet, said point being in the south line of said OA32 acre I lefftract, and being, in the north line of a called 4.85 acre tract of land conveyed to Cross Point Church Anna by a deed now of rccrord in Insirumcnt Number 2020- 0212000200140, OPRCCT, said point also being on the new west right-of-way (FLOW) line of State Highway 5 (Powell Parkway) (a variable width TxDOT ROW); THENCE, N M 3'58" W, departing the said new west ROW line of Statc Highway 5, and being idong dtc south line of said 0.432 acre Hoff tract, and the north line of called 4.95 acre Cross Point Church Anna tract, a distance of 5.00 feet tie a point for comer; THENCE, N 0400r54" E, departing the south time of said 0.432 acre Hofftmct and the north line of said 4.85 acre Cross Point Church Anna tract, a distance of 9227 feet to a point for cornier; THENCE, N 40051'02" W, a distance of 14.14 feet to a point for corner. T MNCE, N 04°08'54" E, a distance of 10.95 feet to a point for corner, said point being on the north line of said 0.432 Hoff tract, and die south line of a trot 1 conveyed to Douglas L_ Whisenant, Trustec of the Whisenant Living Tnist by a deed now of record in Insu mcnt plumber 2014-1gOMI 143?70, OPRCC,"I THE 4CE, S Sr I V23" E, along the north line of said 0.432 Hoff tract, and the south lute of the said Whiscnant Lot 11, a distance of 15.01 feet to a point for comer, from which a SXinch iron rod with pink TxDOT cap found bears N 3715IV45" E, a distance of 0.26 feet= the said point also being on the said new west ROW line of State Highway 5; THENCE, S O41109154" W, departing the north line of said 0-432 Hoff Tract, and the south line of the said Whisenant Lot 1, and being along the said new west ROW line of State Highway 5, a distance of 113.58 feet Exhibit A to the POINM Or BEGINNING.;, said variable width Permanent Water Line dement containing 0.017 acre (728 square feet) of land, more or less. Also, a 5-foot wide Temporary Construction k4*cnient being immediately west of, adjacent to and parallel with the most northerly 939 feet of the most northerly west leg of the above described Permanent Water Line Emme;nL said Temporary Construction Easement containing46.5 square feet of land, morn or less. Notes: 1. Bearings and Distances am based on the Texas Stabs Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2.Field sunvys concluded on 0312412022. 3. A graphic exhibit of even date herewith accompanies this field note description. 4.New right-of-way (&O.W.) dctwum ned based on TWOT R.O.W. map for SH 5 prepared by Lamb -Star Engineering, Dated 2019 Derck B. Chancy, P.E., R.P.L.S. Texas Registration No. 6523 Birkhoff, Hendricks & Carter, L.L.P. OEREK 6. 6H0 TBPELS Firm No. 10031 NO 5523�• �;= 11910 Greenville Avenue; Suite 600 LN°fiPr SIO'O� Dallas,Texas75243 �•..'"."•• �c-1 Phone 214361-?911b sURV GRAMERSON STARK SURVEY ABSTRACT 798 CROSS POINT CHURCH AKHA CALLED 4.85 ACRES DIST. No. 2020-0212000200140 R PERAW WA M? L/NA SUE 0 NAKAMA HOFF CALLED 0.432 ACRE INST. NO. 2011-07290007934N 0.017 ACRES (728 SF.) I 1 i I 46.5 S.F. 34T N40*51172 ,4. ,4' EXHIBIT "A" PAGE 3 OF s 1 NM n 20 FEET DOUGLAS L M►OSENANT, TRUSTEE OF THE MHISMANT LMKG TRUST LOT 1 MT. NO. 2014-1009001103270 - � T NEW KO.M. PK NAIL FOUND (moms S?I'owt at. 5/8- IRF W M TXDGT PM CAP f (BEARS XY7W'4'5t aze � POINT OF BEGINNING - - R.ow. - - - - I - _Zm- - - - STATE HIGHWAY 5 (POWELL PKWY.) PARCEL NO. 25 (VARIABLE WIDTH TxDOT R.O.W.) OF I. KARIM AM OMM CITED a T" vl�r mmawf 0m m m M THE =0 Sf= FunCOMM f �PP�o 9t� �o'f,9N CITY OF ANNA, TEXAS '�' xfo-'• TOM e --DEREK SUEKO NAKAMA HOFF 2. r= S!! MS OONCtIIOCO ON 03/24 I A � NM D�� W M TKS � � L� 0. AXEY •_•»»••"••"•---- y 8523 l :°Dp� Q' VARIABLE WIDTH PERMANENT WATER UNE EASEMENT ACCOMPAM WWI oocuwtxrs rmrcal cao TO THE omcw1 ptlsuc 1 aDs a calm Comm, ma cam. 5. ra sar*t-cc-rear ((ppor.) t tt� two o►� _ z �- •� � f•'E f l�'c �►� •9,j,0.,,a �yo SUR14 BIRKMOFF, I-IENDRICKS & CARTER, L.L.P. rttcMMIONAt, t.NUIN MS April p 1=1 MOM. WIV RM SN 9 PRIFPARID BY iT3i4:- Fire+ No 526. TRPI S Ftm No 10031=0 2023 LAWS -WAR 004EMM DATED 2019 11910 Gro m*c Ave. Suit 0M