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Home My WebLink AboutRes 2023-07-1493 Aquisition of Permanent Water Line Easement- 0.066 AcresCITY OF ANNA, TEXAS RESOLUTION NO. —04 — I Lig3 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 0.066 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, providing limited rights on and under 0.066 acres of real property, more or less, said tract 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. 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. CITY OF ANNA, TEXAS RESOLUTION NO. 2023- O q- I y a 3 PAGE 1 OF 7 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 0.066 acres of real property (the "Permanent Water Line Easement"), held by Ricardo Raul Lopez and/or others. Said approximate 0.066 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 sanitary sewer line 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 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 if determined necessary by said attorneys, to acquire the needed Permanent Water Line 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 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 consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Permanent Water Line Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and CITY OF ANNA, TEXAS RESOLUTION NO. ;L(5 23 - c3l - 14 C73 PAGE 2 OF 7 take all necessary actions in such proceedings to condemn and acquire the Permanent Water Line 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, thisay of 2023. A=r-CTCf1. A❑OD/ %MM. CITY OF ANNA, TEXAS RESOLUTION NO. 2 a-:5- d- - Lr'i q 3 PAGE 3 OF 7 Exhibit ---A. Exhibit A FIELD NOTE DESCRIPTION MFOOT PERMANENT WATER LINE EASEMENT CITY OF ANNA, TEXAS Being a 154" wide Pecmane:nt hater sine Easement, and being under, over and across a tract of land located in the Granderson Stark Survcy, Abstract 799, City of Anna, Collin County, Texas, being the same called 0.874 acre tract of land conveyed to Ricardo Raul Lopez, by a deed now of record in Volume 5294, Page 3598, of the Official Public Records of Collin County, Texas (OPRCCT), said 15-foot wide Permanent Water Line Casement being more particularly demnibed as follows: BEGINNING at a point for corner, said point being in the south line of said 0.874 acre Lopez tract; and being in the north line of called 5.099 acre tract of land conveyed to Steve & Susan Malamphy, by a deed now of record in Instrument Number 2018-1221001551200, OPRCCT, said point being on the new west right-of-way (ROW) line of State Highway $ (Powell Parkway) (a variable width TxWT ROW); THENCE, S 89°39'06" W, departing the said new west ROW line of State Highway 5, and being along the south line of said 0.974 acre Lopez tract, and the north line of said 5.099 acre Malamphy tract, a distance of 15.04 feet to a point for corner, THENCE, departing the south line of said 0.874 acre Lopez Una, and the north line of said 5.099 acre Malamphy tract, and being at all times parallel with and 15-foot perpendicular distance from the said new west ROW line of State Highway 5, the following oils for course and distance: N 04°08'53" E, a distance of 63.59 feet to a point for corner; N 02Q58'37' W, a distance of 12LI 2 feet to a point for comer, said point being on the north line of said 0.974 acre Lopez track and the south line of called 22.714 acre bud of land conveyed to Ann Warren Hayslett and described as Tmo 2-A, by a deed now of record in Instrument Number 199& 1231001102420, OPRCCT,- THENCE, N 89059'47" E. along the north line of said 0,374 acre Lopez tract, and being along the south line of said 22.714 acre Hayslett tram a distance of 13.02 feet to a 518•inch iron rod with pink TxD0T cap found for corner, said 518-Inch iron rod being at the intersection ofthe now west ROW line ofStato Higbwq 5 with north line of said 0.874 acre Lopez tract; THENCE, S 021158'37" E departing the north line of said 0.874 acre Lopez tract, and along the said new west ROW line of State Highway 3, a distance of 128.27 feet to a 5l8-11ch iron trod with pink TxDOT cap found for corner; Exhibit A THENCE, S 04°08'53" W, continuing along the said new wcst ROW line of Statc Highway 5, a distance of 63.44 feet to the POINT OF BEGINNING* said 13-foot wide Permanent Water Line Easement containing 0.066 am (2,876 square feet) of land, more or less. Notes: 1. Bearings and Distances are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field surveys concluded an 0XV20M 3.A graphic exhibit of even date bet7ewith accampanics this field now description_ 4.Ncw right-of-way (R.O.W.) det=ined based on TxnOT R.O.W. map for SH 5 prepared by Lamb -Star Engin eying, Dated 2019 Derek B. Chaney, P.F., R.P.L.S. Texas registration No. 6523 Birkbofl; Hendricks & Cart M L.L.P. .,t......................_.... DEREK B. TBPELS Firm No. 10031800 % .o 6523 ,. r *lopsss� Arfl4 �d 11910 Greenville Avenue, Suite 600 Dallas, Texas 75243 suRy� - ,'hone 214-361-7900 f' C;i r ti I STEVE do SUSAN MAI MPHY CALLED 5.099 ACRES x INST. NO. 2018-1221001551200 A 1 I A�B9': 91VV— � !d mm I. EEMM RM 069MM GRAD M M MAT z. naa S m (n � ]. A OF FRH 4 AU OMOM FOR 70 RE OFP m PURE Rf�0Don 4 Cr wim wuw. 7E o (bPRCM). LAYS -STAR fiid MUM MM 2Mf RIC4RDO RAUL LOPEZ CA1M DA74 AM VOL 5n4v PC. 3M roes Aa ff (2,876 S:1.) 0 STARK SURVEY ABSTM Asa �Il'r, f z 12A r2' j8.wMH r r 7A9"�T'!1' TX�T PiKK CAP '— STATE HIGHWAY 5 (POWELL PKWY.) (VARIABLE WIDTH TxDOT R.O.W.) EXHIBIT " 7 PAGE 3 OF 3 i Dias a 40 FEET ANN WARREN HAYSLETT CALLED 22.714 ACRES TRACT 2A INST. NO. 199B-12310D1102420 t�a2' EW R.O.W. '- �' IRF WMi NOaT PINK CAP — — ............... %;:0LD R.O.W.