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HomeMy WebLinkAboutRes 2018-02-402 Theis Eminent DomainCITY OF ANNA, TEXAS RESOLUTION NO. q -m- 46?, 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 ON AND UNDER 0.280 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 facilities 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 0.280 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 water 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. CITY OF ANNA, TEXAS RESOLUTION NO. Q-, PAGE 1 OF 3 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 The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.280 acres of real property (the "Water Line Easement"), held by Richard L. Chron and Bill & Darla Theis and/or others. Said approximate 0.280 acres of real property is generally aligned and described as Parcel 27 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. 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 Water Line Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water 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 Water Line 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 Water Line 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 Water Line Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Water Line 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 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 Water Line Easement identified in Section 2, above. CITY OF ANNA, TEXAS RESOLUTION NO. 40'o PAGE 2 OF 3 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, this 13th day of February, 2018. ATTESTED: APPROVED: City Secretary Carrie L. Smith_ U.'• '•.'� Mayor Nate Pike CITY OF ANNA, TEXAS RESOLUTION NO. �� PAGE 3 OF 3 Richard L. Chron & Bill & Darla Theis 9/22/2016 EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT WATER LINE EASEMENT CITY OF ANNA, TEXAS Parcel No. 27 City ofAnna Being a strip of land for a permanent Water Line Easement 15 -foot width and being under, over and across a 5.588 acre remainder of a called 6.537 acre tract of land located in the W.E. Throckmorton Survey, Abstract No. 0899, Collin County, Texas, Lot 1 of the Rancho Del Norte Section One Addition, recorded in Cabinet H, Page 800 of the Plat Records of Collin County Texas (P.R.C.C.T.), conveyed to Richard L. Chron and Bill and Darla Theis by deed recorded in Instrument Number 20141222001390510, of the Deed Records of Collin County Texas (D.R.C.C.T.), said strip of land being more particularly described as follows; BEGINING at a TxDOT 3" disc found for corner, said disc being the northeast property corner of said 5.588 acre remainder of lot 1, and the southeast corner of a called 7.960 acre tract of land conveyed to Rattan Properties, LTD, by deed recorded in Volume 4820, Page 2730, of the D.R.C.C.T., said point also being on the new west right-of-way line of U.S. Highway 75 (variable width R.O.W.); THENCE, S 07°34'20" W, along the new west right-of-way line of said U.S Highway 75, and along the east line of said 5.588 acre remainder of lot 1, a distance of 195.02 feet to a TxDOT 3" disc found for corner, said disc being the beginning of a curve to the right, said curve having a radius of 11,682.37 feet, a central angle of 02°18'05" (chord bearing - S 06°28'11" W and chord distance of 469.21 feet); THENCE, being along said curve to the right, also along the new west right-of-way line of said U.S. Highway 75, and along the east line of said 5.588 acre remainder of lot 1, an are distance of 469.24 feet to a TxDOT 3" disc found for comer; THENCE, S 09°20'07" W, along the new west line of said TxDOT right-of-way, and the east property line of said 5.588 acre remainder of lot 1, at a distance of 142.94 feet passing the north line of a 75 -foot wide TxDOT drainage easement by deed recorded in Volume 652, Page 423 of the D.R.C.C.T., continuing a total distance of 147.52 feet to a point for corner, said point being S 39°32'00" E a distance of 2.42 feet to a 5/8" iron rod found near the said new west right-of-way line of U.S. Highway 75, said point being on the southeast property line of said 5.588 acre remainder of lot 1, on the northeast property line of a 4.717 acre remainder of a called 5.00 acre tract of land, lot 2 of the Rancho Del Norte Section One Addition, Recorded in Cabinet H, Page 800 of the P.R.C.C.T., conveyed to Vincent and Lay Chen by deed recorded in Instrument Number 20080319000328070 of the D.R.C.C.T.; THENCE, N 89°4756" W, departing the new west line of said TxDOT right-of-way, along said common property line of lots 1 and 2, a distance of 15.19 feet to a point for corner; THENCE, N 09°20'07" E, departing said common property line, and at a distance of 7.00 feet passing out of said TxDOT drainage easement, being at all times a 15 -foot perpendicular distance from and parallel with the east property line of said 5.588 acre remainder of lot 1, and the new west right-of-way line of said U.S. Highway 75, a distance of 149.41 feet to a point for corner, said point being the beginning of a curve to the left, said curve having a radius of 11,697.37 feet, a central angle of 02°17'56" (chord bearing - N 06°28'16" E and chord distance of 469.29 feet); THENCE, along said curve to the right, being at all times 15 -foot radial distance from and concentric with the new west right-of-way line of said U.S. Highway 75 and the east line of said 5.588 acre remainder of lot 1, an arc distance of 469.32 feet to a point tangency; H:\Projecls\AauaU016114 US75 Utility RelocationsTmement PIats\DmTiptiom\2016114 Parcel 27.doc Page I of 3 Lto a Richard L. Chron & Bill & Darla Theis 912212016 EXHIBIT "A" Parcel No. 27 City of Anna THENCE, N 07°34'20" E, being at all times a 15 -foot perpendicular distance from and parallel with the east property line of said 5.588 acre remainder of lot 1, and the new west right-of-way line of said U.S. Highway 75, a distance of 193.23 feet to a point for corner, said point being on the common property line of said 5.588 acre remainder of lot 1, and the said 7.960 acre Rattan tract; THENCE, S 89°12'19" E, along said common property line, a distance of 15.11 feet to the POINT OF BEGINING, said permanent Water Line Easement containing 0.280 acres (12,178 square feet) 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 survey concluded on 09/15/2016. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 �plp'V�v � ,�P;�G►sr�q�;t,9 � ....:......................:.... GARY CLINTON HENDRICKS .. A...5073 04�ns%c suRv H:\Projects\Aram\20l6ll4 US75 Utility RelocatioasTasemeet PlatsTescriptioos\2016114 Parcel 27.doc Page 2 of 3 T� i�Cf) N L w �L vwi 'Od 'OZ9ti -IOA N OCU o, •, (SMOV 096'L GTM) R) h �' i m Z Q •� an 'S3lla3d%ld NV11Va L J —! W U) `n ( N ^ X Q o 1 N OQW PIS o UJ H 06 w ~� - � Z m W U�zK od oN ti Ig LL O UzHo NNj I9 O w QW F- U I i z zoz o < �LA: vi OAC a= D w H� co 0 r c U �C3 eD�2� I -3 d . o LO LV : iQ �" No, ed czi CiCi 'CD: I io � tp N I 01; L� a��11vc; I g o � 0 s �w O U O CC LL c, U O O I O C% KD�K ~ NO II I _ = U S I9 Z 0 x 0 N N of 4j �• r �`' � 12 < RR W ✓"� o" Z V)0 rg5f• 479 U •C-4 m< �• � �� 009 'Od 'H VV3O 'er j Cjq a Z��� � OQ o c=� T L NOLL03S MON l30 OHOM � ^ � — F � o _ m w (S383V OO's O3TMJ V d0 a30NM43a 380V LU*°�Z o J �¢ N3HO ,kVI V 1N30NIA z 101 o 61Ap'MS3 LZ I—Dd tlt910Z\uPld\s1old luswssn3\suop000lea 4inn 9Lsn tll9lOZ\QuW\s;-food\,H 3SSAf1a0�MV – 91/ZZ/6 :mSIA38 M LL O w L7 n a RECORDS TRANSMITTAL TO CITY SECRETARY' OFFICE The City Secretary's Office receives multiple records/documents for different actions from each department. Complete as much information as possible and return with each document for proper processing. Date: 5/8/2018 From: P. Bell Department: Public works Document Title: Permanent water line easement - Bill Theis & Darla Theis Project Name (If applicable): US 75 What action is required? ❑ Approval ❑ Signature Relocations Notes: Filed on 05/08/18 2018050800557230 ❑ Preservation ❑ Other Is this document part of an ❑ Ordinance ❑ Resolution E Contract/Agreement Provide Number or Date: Notes: Is this document an Original ✓ or Copy ? Did your department retain a scan , paper copy ✓ or both ? Notes: Any additional information that may be useful to the City Secretary regarding this document: For your records 3/11/2016 Print �018 08:12:55 AM EM 11+ Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. PERMANENT WATER LINE EASEMENT Date: Executed and effective on the date of the acknowledgment set out below. Grantors: Bill Theis and Darla Theis, and Richard Lee Chron and Denine Chron Grantors' Mailing Address: Bill Theis and Darla Theis 4187 County Road 412 McKinney, Texas 75071 Richard Lee Chron and Denine Chron 261 Oak Creek Drive New Hope, TX 75071 Grantee: City of Anna, Texas, a home -rule municipal corporation Grantee's Mailing Address: 111 N. Powell Parkway Anna, Texas 75409 Grantors' Property: The Grantors' Property is an approximately 5.588 acre remainder of a called 6.537 acre tract of land located in the W.M. Kitchens Survey, Abs. No. 504 and the R.A. Johnson Survey, Abs. No. 479, being Lot 1, of Ranch Del Norte Section One, an addition to Collin County, Texas, as noted in the Plat thereof recorded in Volume H, Page 800, Map Records, Collin County, Texas; conveyed to Grantors by deed recorded in Document Number 19990131718, of the Deed Records of Collin County, Texas; deed recorded in Document Number 20071126001582600, of the Deed Records of Collin County, Texas, deed recorded in Document Number 20090424000483870, of the Deed Records of Collin County, Texas; and deed recorded in Document Number 20141222001390510 of the Deed Records of Collin County, Texas. Permanent Water Line Easement: The Permanent Water Line Easement (the "Easement") is 0.280 acres of property within Grantors' Property, said 0.280 acres being a strip of land approximately 15 feet wide. A metes and bounds legal description and depiction of the Easement is attached hereto as Exhibit "A". Easement Purpose: As more fully described herein, to construct water utility lines below the surface of Grantors' Property for public use with associated appurtenances. Consideration: $10.00 and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantors. Grant of Easement: Each Grantor, for the Consideration described herein, grants, sells, and conveys to Grantee and Grantee's heirs, successors and assigns, the Easement over, under, on and across Grantors' Property for the Easement Purpose, including the right of construction, installation, reconstruction, operation, maintenance, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal and other associated uses of the above - referenced water line, together with all and singular the rights and appurtenances thereto in any way belonging or necessary to fulfill the Easement Purpose, (collectively, the "Easement Rights"), to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns forever. Grantors bind Grantors and each Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement and the Easement Rights in Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement Rights through any Grantor or any such Grantor's heirs, successors, and assigns, but not otherwise. Grantee shall have the right to prevent excavation within the Easement; the right to prevent construction of any and all buildings, structures or other obstructions which would endanger or interfere with the efficient, safe, and/or convenient operation of the aforementioned water utility line and associated appurtenances; and the right to trim or remove trees, shrubbery, or other vegetation within, but not limited to, said Easement, to the extent PERMANENT WATER LINE EASEMENT PAGE 1 of I as may be necessary to prevent possible interference with the operation of said line or associated appurtenances, to facilitate access for maintenance purposes, or to remove possible hazard thereto. Duration of Easement: The duration of the Easement is perpetual, until all of said facilities shall be abandoned. If abandoned, said Easement shall cease and all rights herein granted shall terminate and revert to Grantors or their respective heirs, successors or assigns. Character of Easement: The Easement is appurtenant to and runs with the title to Grantors' Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of Grantors' Property. Binding Effect: This Easement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. GRANTOR: ' B . THEIS ACKNOWLEDGMENT ,,\SP Y, pG0 F��,,��i/ THE STATE OF TEXAS § COUNTY OF COLLIN = `P� § 9lF P OF PIRE This instrument was acknowledged before me on the Z day of '% �'0 , \\`�by Bill Theis who states under oath that he is the owner of Grantor's Property described herei , and ha1 dIN►h brity to execute this document. GRANTOR: 04& DARLA THEIS \`��`\S9 A I M llO ACKNOWLEDGMENT �✓ta\\\\����P�Y PGS <C `z n ' THE STATE OF TEXAS y COUNTY OF COLLIN = 9t -V § i O F \� This instrument was acknowledged before me on the 2_ day of 1i 2�%(`��\\\\\\ Darla Theis who states under oath that she is the owner of Grantor's Property described herein, and has the authority to execute this document. PERMANENT WATER LINE EASEMENT PAGE I of 2 GRANTOR: RICHARD LEE CHRON ����\NH►►► I I I I Il�iiii��i ACKNOWLEDGMENT �`�� LSSA M: THE STATE OF TEXAS COUNTY OF COLLIN OF ��+P �� '••FXPIRES•'� This instrument was acknowledged before me on the day of Richard Lee Chron who states under oath that he is the owner of Grantor's Property desc bi er d eh rein; the authority to execute this document. GRANTOR: DENINE CHRON ACKNOWLEDGMENT \. Y•�..OF��''.�� THE STATE OF TEXAS § _ u+�03 COUNTY OF COLLIN§ 9iF of+P 10.2 2 This instrument was acknowledged before me on the L day of i 116 I�` by Denine Chron who states under oath that she is the owner of Grantor's Property de cribed herein, anc� as the authority to execute this document. PERMANENT WATER LINE EASEMENT PAGE 1 of 3 Richard L. Chron & Bill & Darla Theis 03/20/2018 EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT WATER LINE EASEMENT CITY OF ANNA, TEXAS Parcel No. 27 City of Anna Being a strip of land for a permanent Water Line Easement 15 -foot width and being under, over and across a 5.588 acre remainder of a called 6.537 acre tract of land located in the R.A. Johnson Survey, Abstract No. 0479, and the W. Kitchings Survey, Abstract No. 0504, Collin County, Texas, Lot 1 of the Rancho Del Norte Section One Addition, recorded in Cabinet H, Page 800 of the Plat Records of Collin County Texas (P.R.C.C.T.), conveyed to Richard L. Chron and Bill and Darla Theis by deed recorded in Instrument Number 20141222001390510, of the Deed Records of Collin County Texas (D.R.C.C.T.), said strip of land being more particularly described as follows; BEGINING at a TxDOT 3" disc found for corner, said disc being the northeast property corner of said 5.588 acre remainder of lot 1, and the southeast corner of a called 7.960 acre tract of land conveyed to Rattan Properties, LTD, by deed recorded in Volume 4820, Page 2730, of the D.R.C.C.T., said point also being on the new west right-of-way line of U.S. Highway 75 (variable width R.O.W.); THENCE, S 07°34'20" W, along the new west right-of-way line of said U.S Highway 75, and along the east line of said 5.588 acre remainder of lot 1, a distance of 195.02 feet to a TxDOT 3" disc found for corner, said disc being the beginning of a curve to the right, said curve having a radius of 11,682.37 feet, a central angle of 02118'05" (chord bearing - S 06°28'11" W and chord distance of 469.21 feet); THENCE, being along said curve to the right, also along the new west right-of-way line of said U.S. Highway 75, and along the east line of said 5.588 acre remainder of lot 1, an are distance of 469.24 feet to a TxDOT 3" disc found for corner; THENCE, S 09°20'07" W, along the new west line of said TxDOT right-of-way, and the east property line of said 5.588 acre remainder of lot 1, at a distance of 142.94 feet passing the north line of a 75 -foot wide TxDOT drainage easement by deed recorded in Volume 652, Page 423 of the D.R.C.C.T., continuing a total distance of 147.52 feet to a point for corner, said point being S 39°32'00" E a distance of 2.42 feet to a 5/8" iron rod found near the said new west right-of-way line of U.S. Highway 75, said point being on the southeast property line of said 5.588 acre remainder of lot 1, on the northeast property line of a 4.717 acre remainder of a called 5.00 acre tract of land, lot 2 of the Rancho Del Norte Section One Addition, Recorded in Cabinet H, Page 800 of the P.R.C.C.T., conveyed to Vincent and Lay Chen by deed recorded in Instrument Number 20080319000328070 of the D.R.C.C.T.; THENCE, N 89°47'56" W, departing the new west line of said TxDOT right-of-way, along said common property line of lots 1 and 2, a distance of 15.19 feet to a point for corner; THENCE, N 09°20'07" E, departing said common property line, and at a distance of 7.00 feet passing out of said TxDOT drainage easement, being at all times a 15 -foot perpendicular distance from and parallel with the east property line of said 5.588 acre remainder of lot 1, and the new west right-of-way line of said U.S. Highway 75, a distance of 149.41 feet to a point for corner, said point being the beginning of a curve to the left, said curve having a radius of 11,697.37 feet, a central angle of 02°17'56" (chord bearing - N 06°28'16" E and chord distance of 469.29 feet); THENCE, along said curve to the right, being at all times 15 -foot radial distance from and concentric with the new west right-of-way line of said U.S. Highway 75 and the east line of said 5.588 acre remainder of lot 1, an arc distance of 469.32 feet to a point tangency; HA?rojecls\Anna\20161l4 US75 Utility RetocationsTasement Plats\Descriptions\2016114 Parccl27.doc Page 1 of 3 Richard L. Chron & Bill & Darla Theis 0312012018 EXHIBIT "A" Parcel No. 27 City ofAnrra THENCE, N 07°34'20" E, being at all times a 15 -foot perpendicular distance from and parallel with the east property line of said 5.588 acre remainder of lot 1, and the new west right-of-way line of said U.S. Highway 75, a distance of 193.23 feet to a point for corner, said point being on the common property line of said 5.588 acre remainder of lot 1, and the said 7.960 acre Rattan tract; THENCE, S 89°12'19" E, along said common property line, a distance of 15.11 feet to the POINT OF BEGINING, said permanent Water Line Easement containing 0.280 acres (12,178 square feet) 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 survey concluded on 02/07/2018. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600% ..........TF PQeGI R�Q 'SAN Dallas Texas 75243 7 GARY CLINTON HENDRI CKS ..A... .. 5073 v. .. e � � Q` �URv�� HAProjectsUm\2016114 US75 Utility RelocationsTascment Plats\Dcscriptions\2016114 Parcel27.doc Page 2 of 3 D O m w O W KLM -LU: J/zU/its — 1a:MMUKU H:\Projects\Arno\2015114 US/D Utility Rolocalions\Eosanlant Plots\Plots\2016114 Porcal 27 ESMT.dwg LOT 2 O VINCENT & LAY CHEN _ > i o (4.717 ACRE REMAINDER OF A CALLED ppc V 5.00 ACRES) N�Luz `roN --) U, �►i RANCHO DEL NORTE SECTION 1 Z v O CAB. H, PG. 800 to D.R.C.C.T.� . o o isw — a y v lS Q C, m ISI O O osi N O I m� X4 Io 2�I ( O0 bbd y c mm 77 II oo 1b I n I I co�j 1 I o�nN� n � 1 I � Y N >E � F1 y � y It o N II Ij I I I p� as C,; '9 q� N jj �;, +w• �_ ----� 1 31 O W 1 1 0 �rj p n w him 01 r � ^rl b •� 1 I v V1 c z Z ; ( y Pam _. m r� 1 _ -� 10 dux O -n w `-� z � r- 90z 1 p W g � m D CTl N . ( Wcn _ --- b m o 4. %D _ O/ Z m otic zRATTAN PROPERTIES, LTD A•F•� ut (CALLED 7.96D ACRES) N Z `� VOL 4820, PG. 2730 O O N D.R.C.C.T. p\ N D sm- Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 05108/2018 08:12:55 AM $50.00 DFOSTER 20180508000557230 12801 N. CENTRAL ExPREss%vAY SUITE 1700 DALLAS, TEXAS 75243 BANOWSKY `Q LEVINE A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS March 7, 2018 ATTORNEY/CLIENT COMMUNICATION PRIVILEGED AND CONFIDENTIAL VIA EMAIL (david.overeashna,wtmlaw.net) Bill Shipp Interim City Manger The City of Anna, Texas 111 North Powell Parkway P.O. Box 776 Anna, Texas 75409 PHONE: 214-871-1300 FACSmLE:214-871-0038 w m.baw,A--y.com RE: City of Anna — Eminent Domain proceeding concerting a permanent water line easement totaling approximately .28 acres of real property held by Richard L. Chron and Bill and Darla Theis. Dear Mr. Shipp: This letter will confirm that you have requested that Banowsky & Levine, P.C. represent the City of Anna (hereinafter, the "City") with respect to the eminent domain proceeding related to the above referenced party. This letter is intended to confirm certain accounting and administrative practices we employ and to confirm the terms of the engagement. You have agreed to pay us based upon a reduced municipal hourly rate. Our reduced hourly rate for shareholders is $250.00 per hour and our reduced hourly rate for associates is $175.00 per hour. You have also agreed to pay all disbursements and expenses associated with this representation, including, but not limited to, the fees for any mediation; computer-aided research; meals; travel; copying, scanning, printing and faxing (.10 per page); long distance telephone; messenger; courier services; overtime word processing or secretarial services required by the particular needs of the representation; and the like. We will bill you on a monthly basis as of the last day of each calendar month. You have agreed to pay the amount on the statement or bill no later than thirty (30) days from invoice. Certain expenses and disbursements may be billed directly to you or be billed separately from our regular statement if significant in amount. You have agreed to promptly pay those disbursements and expenses. If the amounts billed in our statements or as expenses are not Mr, Shipp March 7, 2018 Page 2 timely paid, we reserve the right, consistent with our professional obligations, to terminate the representation. Please sign a copy of this letter below to memorialize the terms of our agreement and return it to us. We will be retained upon your return of a signed copy of this letter. If you have any questions or concerns, do not hesitate to call. We look forward to assisting the City of Anna with its legal needs. Be •eg ds, Banowsky & Levine, P.C. AGREED TO AND ACCEPTED: The City of Anna S Bill Shipp Interim City Manager — Ci=a