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HomeMy WebLinkAboutCCpkt2012-05-22Y{OUR} HOMETOW N CITY COUNCIL MEETING SIGN IN SHEET DATE: � Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. ��v RIGHT-OF-WAY USE LICENSE AGREEMENT RIGHT-OF-WAY USE LICENSE AGREEMENT (this "License") is entered into this 22"d day of May, 2012 the "Effective Date") between the City of Anna (the "City"), a Texas municipal corporation, and A&H Investments, Inc. ("Licensee"), a Texas corporation with its principal business at 219 East White Street, Anna, Texas 75409. WHEREAS, the City owns right-of-way, as hereinafter defined, suitable for the placement of Outdoor seating for a restaurant and parking, as hereinafter defined; and, WHEREAS, Licensee seeks to provide outdoor seating and additional parking to patrons within the Anna Downtown Redevelopment District, and it is in the best interests of City to provide a limited use license agreement regarding said right-of-way upon the terms set forth in this License. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Property,and Improvements. (a) The City owns or otherwise controls all or a part of that certain real property known as Interurban Street right-of-way between Fourth Street and Fifth Street (hereinafter referenced as the "Property"), which is shown on the attached Exhibit A, incorporated herein by reference for all purposes. (b) The City hereby agrees to license to Licensee the use of a portion of the Property, subject to the terms of this License. The License allows the Licensee to place seating and parking improvements as depicted in the sketch attached as Exhibit B (the "Improvements"), incorporated herein by reference for all purposes. The Improvements shall be constructed and maintained in compliance with the City's building codes and other applicable construction standards and specification. 2. Term. The term of this License shall be ten years (the "Term"), commencing on the Commencement Date of this License, subject to earlier termination as provided for under this License. This License shall terminate at the end of the Term unless before then the parties agree in writing to extend this License for an additional period of time. (a) Licensee agrees that the following priorities of use, in descending order, shall apply in the event of any conflict during the Term, and Licensee's use and rights under this License shall be subordinated accordingly. (i) The City. ) Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the City. (b) Licensee's use of the City's Property shall be limited to the Improvements shown on Exhibit B. Licensee shall at all times act and be in compliance with all federal, state, local laws and regulations. If for any reason Licensee's use fails to comply with any federal, state or local law and Licensee fails to bring its use within compliance within 30 days of written notice of such noncompliance, this License shall be terminated as provided herein, unless sooner authorized by such applicable law. The City agrees to reasonably cooperate with Licensee in obtaining, at Licensee's sole expense, all LI E✓ 6. 0 additional government -required licenses and permits for Licensee's use of the Property. Installation. Maintenance. and Operation of Improvements. (a) Licensee's installation and/or construction of the Improvements including the installation of any personal property and construction of any structures or other improvements shall be done according to plans submitted by Licensee and approved by the City, and no equipment or property shall be subsequently relocated without the City's approval. (b) All utilities will be buried unless otherwise approved by the City in writing. (c) Licensee shall have sole responsibility for the maintenance, repair, and security of its improvements, and shall keep the same in good repair and in safe condition at all times. All of Licensee's improvements and personal property, will be the responsibility of Licensee. (d) All of Licensee's operations on the Property shall comply with any applicable noise and nuisance ordinances of the City. Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required under this License. Licensee Defaults. Not by way of limitation, the parties hereto understand and agree that the occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by Licensee: (i) The failure by Licensee to observe or perform any of the covenants or provisions of this License to be observed or performed by the Licensee, where such failure shall continue for a period of 20 days after written notice thereof is received by the Licensee from the City; (ii) The failure by Licensee and its establishment to be in compliance with all applicable federal, state, and local laws. If there occurs an Event of Default by Licensee, in addition to any other remedies available to City at law or in equity, City shall have the option to terminate this License and all rights of Licensee hereunder. No waiver of any rights under this License shall occur unless the waiver is set forth in a duly authorized written document properly adopted and signed by the party granting the waiver and delivered to the other party. Any waiver of any right under this License shall not be deemed a waiver of any other rights under this License. Termination and Suspension. (a) Except as otherwise provided herein, this License may be terminated as follows: (i) By City, upon a default by the Licensee of any covenant or term herein, which default is not cured within 20 days of receipt of written notice of default to the Licensee; By City, if Licensee's use of the Property is or becomes illegal under any federal, state or local law, judicial ruling, rule or regulation; By City, if the City requires use of the Property for any public improvement including but not limited to street improvements and construction or relocation of utility infrastructure. (iv) By City if ownership or operational control of the Property is transferred to another entity. (v) By Licensee, if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Licensee business, after pursuing such license, permit, or other approval with due diligence; (b) This License shall be considered suspended temporarily if the City determines that maintenance or repairs must be performed to the Property. (c) In the event of an emergency concerning public health and safety, the City may facilitate removal of Licensee's Property at any time and by any means the City determines to be necessary to avoid or defend against potential death, injury, or damage to property. This may include without limitation requiring Licensee to remove same without notice or with very short notice, depending on the circumstances. (d) The City shall not in any manner be liable for any expense or damages whatsoever, including without limitation consequential damages, on of use, loss of profits, or any other costs, claims or expenses arising out of, related (directly or indirectly) to or in connection with: (1) the removal of any of Licensee's Property in accordance with this License; (2) the City suspension or termination of this License in accordance with the provisions of this License, which shall not be considered a breach of this License; or (3) any finding or determination that the City's rights to the Property are inferior to or subject to a superior or conflicting claim of ownership, control, or possession of any part of the Property. (e) Upon termination of this License for any reason, Licensee shall remove the Improvements including any remaining part of Licensee's property from the Property within 30 days after the date of termination, and shall restore the Property to the condition it was in on the Commencement Date of the term of this License ordinary wear and tear excepted, all at Licensee's sole cost and expense. Any such property which is not removed by end of said 30-day period shall become the property of City. 8. Insurance. (a) Licensee shall provide Comprehensive General Liability Insurance coverage, including premises/operations coverage, independent contractor's liability, completed operations coverage, contractual liability coverage, and City will be held harmless for acts of outside vendors in a combined single limit of not less than $1,000,000 per occurrence, and $5,000,000 aggregate, and name City as an additional insured on such policy or policies. Licensee may satisfy this requirement by an endorsement to its underlying insurance or umbrella liability policy. (b) Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. (c) Licensee shall provide to City, prior to the Commencement Date of this License, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Texas, which includes all coverage required above. Said certificate shall also provide that the coverage may not be cancelled, expired, or materially changed without 30 days prior written notice to City. 9. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, postage prepaid, certified mail, return receipt requested to the following addresses: If to City, to: City Manager City of Anna P.O. Box 776 Anna, TX 75409 If the Licensee, to: 10. Representations and Warranties. a) Notwithstanding any other provision in this Agreement, the City makes no warranty and does not represent that (1) it has full right, power, and authority to execute this License; or (2) to the best of its knowledge, it has good and unencumbered title to the Property free and clear of any liens. Such matters are at the risk of Licensee and City licenses under this License only that part of the Property that it may be found to justly own and possess in a manner enabling it provide this License free from conflicting claims. 11. Assignment. This License may not be sold, assigned, or transferred by Licensee without the written consent of the City. 12. Third Parties. This License is granted strictly to the Licensee and its provisions are not intended in any manner to benefit any third party. 13. Miscellaneous. (a) This License constitutes the entire agreement and understanding of the parties relating to the subject matter of this License, and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this License must be in writing and executed by both parties. (b) The parties understand and agree that this is a License for use of the City's Property and is not a contract for goods or services as governed under Texas Local Government Code § 271,151, et. seq. (c) This License shall be construed in accordance with the laws of the State of Texas. Exclusive jurisdiction over and venue for any claim related directly or indirectly to this License shall lie in Collin County, Texas. (d) If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License, which shall continue in full force and effect. (e) Licensee waives all rights and remedies under law and equity to bring a claim or cause of action against the City that arises out of, relates (directly or indirectly) to, or is in connection with this License, including but not limited to any claim or cause of action available under the Uniform Declaratory Judgment Act ("UDJK) , except that Licensee reserves the right to seek specific performance of the City's duties under this License other than by a claim brought under the UDJA. (f) This License is subject to all zoning approvals and building and other applicable permits. DULY AUTHORIZED SIGNATURES: City of Anna, Texas By: Date: Philip Sanders City Manager ("Licensee") (Printed Name) Its: (Title) Date: ;k N PLOT P�af� 19' DRIVEWAY F"18TB'G P"'�`"'� 4TH STREET r�uNusCu rauv r�uu Ii. I a._is-ia I to 121 W. 4tn st. °�®YA & H Investments fig Rs c�a•t 4 c�o CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, MAKING FINDINGS RELATED TO WIND ENERGY CONVERSION SYSTEMS (WINDMILLS); ESTABLISHING MORATORIUMS ON THE PERMITTING, CONSTRUCTION AND ERECTION OF WINDMILLS IN THE CITY'S CORPORATE LIMITS AND WITHIN 5,000 FEET OF THE CITY'S CORPORATE LIMITS; PROVIDING FOR DURATION OF MORATORIUMS; PROVIDING FOR WAIVERS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR PENALTIES IN AMOUNTS NOT TO EXCEED $2,000 FOR VIOLATIONS; PROVIDING SAVINGS, SEVERABILITY, AND REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City"), ahome-rule municipality operating under a home rule charter, desires to study and plan for the permitting and regulation of Wind Energy Conversion Systems ("Windmills"), as defined in Section 2 of this ordinance, and the Council has determined that there should be no issuance of permits related to Windmills and no construction or erection of Windmills for the duration of said studying and planning period; and WHEREAS, on May 17, 2012, the City published notice of the time and place of two public hearings concerning proposed moratorium on Windmills in a newspaper of general circulation in the municipality; and WHEREAS, on May 21, 2012, the Council and the City's Planning &Zoning Commission conducted properly noticed public hearings regarding Windmill moratorium, providing the public an opportunity to be heard on the matter, in compliance with the Texas Open Meetings Act; and WHEREAS, based on reasonably available information, the Council finds that there is an essential public need for public facilities necessary to properly regulate and mitigate certain effects of Windmills, including but not limited to facilities such as a fire department ladder truck or other fire, police, and/or public works facilities that could enable City employees to be elevated in a safe manner in order to access and mitigate nuisance or unsafe conditions, such as noise effects, and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and WHEREAS, based on reasonably available information, the Council finds that it is currently not in a position to provide such public facilities and that the failure to provide such public facilities would be detrimental to the health, safety, and welfare of the residents of the City; and WHEREAS, the Council has been presented with evidence supporting its findings made herein, including but not limited to the fact that: (1) applying existing development CITY OF ANNA, TEXAS ORDINANCE NO._ Page 1 of S ordinances or regulations and other applicable laws is not possible to accomplish in a safe manner, especially with respect to the City's authority to mitigate and/or abate nuisance conditions and unsafe buildings and structures without reasonable access to the type of public facilities referenced above; and (2) Windmills constructed and erected in and on certain residential or commercial lots at certain heights cause direct and/or secondary negative effects including diminution of nearby property values and the potential of damage to nearby property and persons as the safe and proper construction, erection, maintenance, repair, and use of Windmills is not sufficiently regulated by existing City ordinances and regulations; and WHEREAS, the Council has been presented with evidence supporting its findings made herein, including but not limited to the City's lack of ownership or control over the type of emergency and safety facilities that would be necessary to enable City employees to be elevated in a safe manner in order to access, mitigate and/or abate nuisance and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and WHEREAS, the Council has been presented with evidence including but not limited to financial and budgetary information showing that procuring the type of alternative methods of achieving the objectives of the moratorium such as temporarily rental of public facilities on as as -needed bases are unsatisfactory, as being too costly and as the availability of such facilities is not certain or predictable in the event that the need to mitigate and/or abate nuisance and safety conditions at such overhead heights may require emergency action with little notice; and WHEREAS, the Council has been presented with evidence by City Staff regarding its working plan and time schedule for achieving the purposes of the moratorium including a schedule of Council work sessions and City staff studying and planning activities; and WHEREAS, based on reasonably available information, the Council finds that the moratorium is justified because applying existing commercial development ordinances or regulations and other applicable laws is inadequate to prevent the new development from being detrimental to the public health, safety, or welfare of the residents of the municipality; and WHEREAS, the Council has been presented with evidence showing that the need to adopt new ordinances or regulations or to amend existing ordinances, including identification of the harm to the public health, safety, or welfare that will occur if a moratorium is not adopted, such harm including but not being limited to: (1) the detrimental effect on public health and safety if the City cannot provide for necessary mitigation and/or abatement of nuisance or unsafe conditions due to the City's lack of ownership or control over the type of emergency and safety facilities that would be necessary to enable City employees to be elevated in a safe manner in order to access and mitigate nuisance and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and (2) the City's lack of ordinances or regulations that would have CITY OF ANNA, TEXAS ORDINANCE NO._ Page 2 of 5 the likely effect of ensuring that the construction, erection, maintenance, repair, and use of Windmills is performed at all times in a reasonably safe manner; and WHEREAS, the geographical boundaries in which the moratorium will apply is both within the City's corporate limits and within 5,000 feet outside the City's corporate limits and the moratorium will apply to all types of commercial development, residential development, industrial development, and any other new development; and WHEREAS, the objectives or goals to be achieved by adopting new ordinances or regulations or amending existing ordinances or regulations during the period that the moratorium is in effect include: (1) the assessment of the City's existing public facilities or lack thereof as relates to the health, safety, and welfare of the City's residents with regard to the potential abatement and/or mitigation of nuisance or unsafe conditions related to Windmills; (2) assessment of and amendments to existing ordinances and regulations related to measures required to ensure the safe and proper construction, erection, maintenance, repair, and use of Windmills; and (3) assessment of and amendments to existing ordinances and regulations related to measures required to achieve balance between the value of alternative energy sources and the protection quality of life issues for the City's residents, including but not limited to nuisance and unsafe conditions, aesthetics, and protection of property values; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated All findings, summaries, and matters stated in the preamble of this ordinance are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. Definition. Unless expressly stated to contrary, the following definition shall apply for the purposes of this ordinance: Wind Energy Conversion System ("Windmill"): Any free-standing device that converts wind energy to mechanical or electrical energy commonly known as a windmill or wind turbine or any such device that is attached to an existing building or other structure and protrudes more than four feet therefrom. A Windmill is inclusive of the turbine, support pole or structure and foundation system. It does not include roof -mounted turbines that Jo not produce energy and are intended as a cooling device for a building. Section 3. Moratorium on Windmills During the time period set forth in Section 4, below, and any extension thereof, no permits shall be issued with respect to Windmills and it shall be unlawful for any person to construct, erect, install, or otherwise establish a Windmill within the City's corporate CITY OF ANNA, TEXAS ORDINANCE NO.� Page 3 of 5 limits and/or within 5,000 feet outside the City's corporate limits. The moratorium applies to residential property, commercial property, industrial property, and all other property types and uses. Section 4. Duration of Moratorium; Extension This moratorium shall be in effect as provided for under state law and as of the date that this ordinance is adopted. As relates to all property other than commercial property, the moratorium shall expire 120 days after said date unless the moratorium is extended by further action of the Council. As relates to commercial property, the moratorium shall expire 90 days after the date that this ordinance is adopted unless the moratorium as relates to commercial property is extended by further action of the Council. Section 5. Waiver A person may apply for a waiver from the moratorium relating to the property subject to the permit by: (1) claiming a right obtained under a development agreement; or (2) providing the public facilities that are the subject of the moratorium at the landowner's cost. A written application for a waiver must be submitted to the City 's Planning Department and must include the reasons for the request. The Council shall vote on whether to grant the waiver request within 10 days after the date of receiving the written request. Section 6. Savings, Severability and Repealing Clauses All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision, word, phrase, or other part of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, phrase, and/or word thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases and/or words be declared unconstitutional or invalid. To the extent that Texas Local Government Code, Chapter 212, Subchapter E does not apply to property development that includes construction, erection, installation or otherwise establishing a Windmill, the Council hereby establishes the same moratoriums on Windmills as set forth in this ordinance and for the same durations as set forth in Section 4 of this ordinance under the City's authority as a home -rule municipality. Section 7. Publication of the Caption Hereof and Effective Date This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. CITY OF ANNA, TEXAS ORDINANCE NO._ Page 4 of 5 PASSED by the City Council of the City of Anna, Texas, this , 20120 ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Mike Crist CITY OF ANNA, TEXAS ORDINANCE NO._ Page 5 of 5 1 Y{OUR} ROMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP May 22, 2012 7:00 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 7:00 p.m., May 22, 2012, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Ro11 Call and Establishment of Quorum. 3. Consider/Discuss/Action regarding adopting a Resolution canvassing the returns of the City of Anna Election held May 12, 2012, to elect one Mayor and three City Council Members all for three-year terms; canvassing the returns of a Special Election of Amendments to the City of Anna, Texas Home -Rule Charter; and canvassing the returns of a Special Election of the Sale of City Parkland.. (City Council) 4. Adjourn. 5. Reception for retiring and newly elected City Council members. This is to certify that I, Natha Willcison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5#00 p.m., May 18, 2012. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. O5-2242 CC Regular Meeting Agenda.doc 1 Posted 05-18-12 Y{OUR} HOMETOW N CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING May 22, 2012 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., May 22, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a T^ecof•d of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is zrnable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest inclzrde: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a inember of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legallyjustified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. O5-2242 CC Regular Meeting Agenda.doc 2 Posted 05-18-12 5. Administer the Statement of Elected Officer and the Oath of Office and present Certificate of Election to newly elected officials. (City Secretary) 6. Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in the City Charter. (City Council) 7. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as directed in the City Charter. (City Council) 8. Consent Items. These items consist of non -controversial or• "hoarsekeeping" items required by law. Iteins may be considered individually by any Council member inaking such requestprior to a motion and vote on the Consent Items. a. Approve City Council Minutes for May 8, 2012 Regular Meeting. b. Review CDC Minutes for February 14, 2012 Special Meeting. c. Review CDC Minutes for March 8, 2012 Special Meeting. d. Review EDC Minutes for March 8, 2012 Special Meeting. 9. Consider/Discuss/Action approving a Resolution regarding a license to use a portion of the Interurban Street right-of-way. (Maurice Schwanke) 10. Consider/Discuss/Action regarding approving four Resolutions authorizing acquisition of utility easements including negotiation with property owners and potential use of eminent domain to condemn easements along FM 455. (City Manager) a. A resolution finding that a public necessity exist for acquisition of 0.19 acres of real property, more or less, for a permanent utility easement, waterline easement, and/or wastewater easement; authorizing the city manager and the city's attorneys to acquire said property by any lawful means, including but not limited to negotiations and, if necessary, proceedings in eminent domain. b. A resolution finding that a public necessity exist for acquisition of 0.005 acres of real property, more or less, for a permanent utility easement, waterline easement, and/or wastewater easement; authorizing the city manager and the city's attorneys to acquire said property by any lawful means, including but not limited to negotiations and, if necessary, proceedings in eminent domain. l .The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. O5-22-12 CC Regular Meeting Agenda.doc 3 Posted 05-18-12 c. A resolution finding that a public necessity exist for acquisition of 0.097 acres of real property, more or less, for a permanent utility easement, waterline easement, and/or wastewater easement; authorizing the city manager and the city's attorneys to acquire said property by any lawful means, including but not limited to negotiations and, if necessary, proceedings in eminent domain. d. A resolution finding that a public necessity exist for acquisition of 0.048 acres of real property, more or less, for a permanent utility easement, waterline easement, and/or wastewater easement; authorizing the city manager and the city's attorneys to acquire said property by any lawful means, including but not limited to negotiations and, if necessary, proceedings in eminent domain. 11. Consider/Discuss/Action on the first reading of an Ordinance adopting a moratorium on the erection, placement, and/or use of Windmills and Wind turbines. (City Manager) 12. Review/Discussion of proposed FY 2013 Budget Calendar. (Clayton Fulton) 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code §551.074)6 c. Personnel Matters: City Manager. (Tex. Gov't Code 8551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 14. Consider/Discuss/Action on any items listed on posted agenda for May 22, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 15. Adjourn. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considereA necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. O5-22-12 CC Regular Meeting Agenda.doc 4 Posted 05-18-12 This is to certify that I, Natha Willcison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., May 18, 2012. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. O5-22-12 CC Regular Meeting Agenda.doc 5 Posted OS- 18-12 i HOMETOWN Council Meeting: May 22, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-17-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a Resolution canvassing the returns of General Election of one Mayor and three City Council Members, all for three year terms; canvassing the returns of a Special Election of Amendments to the City of Anna, Texas Home -Rule Charter; and canvassing the returns of a Special Election of the Sale of City Parkland. (City Council) SUMMARY: On February 14, 2012 City Council passed Ordinance No. 573-2012 ordering a May 12, 2012 Election. Early voting was held for8 days and Saturday, May 12, 2012 was Election Day. RECOMMENDATION: Staff recommends a motion to approve the resolution canvassing the returns of the City of Anna, May 12, 2012 Election. CITY OF ANNA, TEXAS RESOLUTION No. A RESOLUTION OF THE CITY OF ANNA, TEXAS CANVASSING THE RETURNS OF A GENERAL ELECTION OF ONE MAYOR AND THREE CITY COUNCIL MEMBERS, ALL FOR THREE-YEAR TERMS; (2) CANVASSING THE RETURNS OF A SPECIAL ELECTION OF AMENDMENTS TO THE CITY ER* AND (3) CANVASSING THE OF ANNA, TEXAS P OC AL ELECTION T 9 RETURNS OF A OF THE SALE OF CITY PARK LAND. WHEREAS, an election was held in the City of Anna, Texas on May 12, 2012 for the purpose of the election one mayor and three city council members, all for three-year terms and adoption of amendments to the City of Anna, Texas Home -Rule Charter; and the sale of City park land; and WHEREAS, d d the City Council of the City of Anna ("Council") has reviewean investigated all matters pertaining to this election and returns thereof; and WHEREAS, the Council hereby canvasses the returns of this election, at which there was submitted to all resident, qualified electors of the City for their action thereupon, the election of one mayor and three city council members, all for three-year terms and adoption of amendments to the City of Anna, Texas Home -Rule Charter; and the sale of City park land; and WHEREASthe Council h ,as diligently inquired into the poll lists and the official election returns which were duly and lawfully made to this Council by the judges, officials and clerics holding and conducting the election, the poll lists and the official elections returns showing separately the votes cast in the election; and WHEREAS, from the returns, this Council hereby following the votes were cast in the election by voters who were resident, qual died eectvia o Whereas, each of the candidates in said election received the following votes; Candidate/or Proposition Mayor (Alcalde) Lori Garza Mike Crist Darren R. Driskell Number of Votes 1 OS-22-12 Res. 2012-OS- Canvassing the May 12, 2012 Election City Council, Place 1 (Concilio de Ciudad, Lugar 1) James T. Cook 286 Bo Brown 137 City Council, Place 3 (Concilio de Ciudad, Lugar 3) Lauren Lovato 185 John Hopewell 224 City Council, Place 5 (Concilio de Ciudad, Lugar 5) Marc Hendricks 171 Nathan Bryan 243 Proposition 1 Stagger the terms of the City Council resulting in and election every year in May. For 313 Against 114 Proposition 2 Clarify that all City Council vacancies must be filled by the voters as required under the Texas Constitution. For 411 Against 23 Proposition 3 Restate the language describing the powers of the City Council as relates to regulation and abatement of dangerous structures. For 351 Against 67 Proposition 4 Allow the Planning &Zoning Commission to elect its officers after July if the Planning & Zoning Commission does not meet in July. For Against 327 98 Res. 2012-OS- Canvassing the May 12, 2012 Election 2 OS-22-12 Proposition 5 In addition to the Disaster Clause being triggered by disaster -related injuries or deaths, it is also triggered by disaster -related absences. For 332 Against 78 Proposition 6 Be authorized to sell approximately 1.119 acres pf park land fronting on FM 455 that is part of Natural Springs Park, provided that the proceeds of the sale are used by the City only to acquire and improve property for park purpose. For 338 Against 95 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA THAT: SECTION 1. The Council officially finds, determines, and declares that the election was dully and properly ordered, that proper legal notice of such election was dully given in the English language and the Spanish language, that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified electors of the City were permitted to vote at the election, and due returns of the results of the election had been made and delivered, and that the City of Anna has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America and the Ordinance calling the election. SECTION 2. The following person is therefore elected as Mayor of the City for a term of three (3) years, Milce Crist SECTION 3. The following persons are therefore elected as Council Members of the City for a term of three (3) years: James T. Cook John Hopewell Nathan Bryan SECTION 4. The following propositions were therefore adopted for the City: Proposition 1 Stagger the terms of the City Council resulting in and election every year in May. Proposition 2 Clarify that all City Council vacancies must be filled by the voters as required under the Texas Constitution. Res. 2012-OS- Canvassing the May 12, 2012 >;lection 3 OS-22-12 Proposition 3 Restate the language describing the powers of the City Council as relates to regulation and abatement of dangerous structures. Proposition 4 Allow the Planning & Zoning Commission to elect its officers after July if the Planning & Zoning Commission does not meet in July. Proposition 5 In addition to the Disaster Clause being triggered by disaster -related injuries or deaths, it is also triggered by disaster -related absences. Proposition 6 Be authorized to sell approximately 1.119 acres pf park land fronting on FM 455 that is part of Natural Springs Park, provided that the proceeds of the sale are used by the City only to acquire and improve property for park purpose. PASSED AND APPROVED on this 22nd day of May, 2012. ATTEST: Natha Willcison, City Secretary APPROVED: Darren R. Driskell, Mayor Res. 2012-OS- Canvassing the May 12, 2012 Election 4 OS-22-12 GEMS ELECTION RESULTS Page 2 of 7 Mayor -Anna Total Number of Precuicts 11 Precincts Reporting 11 100.0 % Vote For I Tunes Counted 456/3829 11.9 % Total Votes 450 Times Blank Voted 6 Times Over Voted 0 Number Of Under Votes 0 Lori Garza 105 23.33% Mike Crist 248 55.11% Darren R. Driskell 97 21.56% City Council, Place 1-Anna Total Number of Precincts I 1 Precincts Reporting 11 100A Vote For 1 Times Counted 456/3829 11.9 % Total Votes 423 Times Blank Voted 33 Times Over Voted 0 Number Of Under Votes 0 James T. Cook 286 67.61% Bo Brown 137 32.39% City Council, Place 3 -Anna Total Number of Precincts 11 Precincts Reporting 11 100.0 Vote For 1 Times Counted 456/3829 11.9 Total Votes 409 Times Blanit Voted 47 Times Over Voted 0 Number Of Under Votes Q Lauren Lovato 185 45.23% John Hopewell 224 54.77% City Council, Place 5 -Anna Total Number of Precincts 11 Precincts Repoz•tizzg 11 100.0 % file;///C:/Users/nwill�ison/AppData(LocaUMicrosoft/Windows/Temporary%20lnternet%20... 5/i 8/2012 GEMS ELECTION RESULTS Page 3 of 7 Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Marc Hendixcks Nathan Bryan 1 45 i/3829 414 42 0 0 41.30% 58.70% Proposition 1-Anna Total Number of Precuicts 11 Precincts Reporting 11 104.0 Vote For 1 Times Counted 45b/3$29 11,9 Total Votes 427 Tithes Blank Voted 29 Times Over Voted 0 Number Of Under Votes 0 For 313 73.30% Against 114 26.70% Proposition 2 -Anna Total Number of Precincts 11 Precincts Reporting 11 100.0 Vote For I Times Coiulted 4S6/3829 11.9 Total Votes 434 Times Blank Voted 22 Times Over Voted 0 Number Of Under Votes 0 For 411 94.70% Against 23 5.30% Proposition 3 -Anna Total Number of Precincts 11 Precincts Reporting 1 I Vote For 1 Times Counted 4S6/3829 Total Votes 418 Times Blank Voted 38 Times Over Voted 0 Number Of Under Votes 0 I00.0 f Ie:///C:/ITsers/nwilkison/AppData/L.ocal/Microsoft/Windows/Temporary%20Internet%20... 5/18/2012 For 351 83.97% 67 16.03% Proposition 4 -Anna Total Number of Precincts 11 Precincts Reporting 11 100.0 Vote For 1 Tines Counted 456/3829 11.9 Total Votes 425 Tunes Blank Voted 30 Times Over Voted 1 Number Of Undex Votes 0 For 327 76.94% Against 98 23.06% Proposition 5 -Anna Total Number of Precincts 11 Precincts Reporting 11 100.0 Vote For 1 Tunes Counted 456/3829 11.9 Tatal Votes 410 Times Blank Voted 46 Times Over Voted 0 Number Of Under Votes 0 Far 332 80.98% Against 78 19,02% Proposition 6 -Anna Total Number of Precincts 11 Precincts Reporting 11 100.0 °/a Vote For 1 Tunes Counted 456/3829 11.9 % Total Votes 433 Times Blank Voted 23 Times Over Voted 0 Number Of Under Votes 0 For 338 78.06% Against 95 21.94% Trastee, Position 6 -Lovejoy ISD Number of Precincts Total 5 file:///C:/[Tsers/nr�villcisonlAppData/L,ocaUMicrosoi/Windows/Temporazy%20Internet%20... 5/18/2012 City of Anna, Texas CANVASS OF GENERAL ELECTION I, Darren R. Driskell, Mayor of the City of Anna, Texas, met with the City Council sitting as the canvassing board to canvass the general election of May 12, 2012 on May 22, 2012 at Anna City Hall Administration Building, in Anna, Texas. I certify that the figures on the tally sheets correspond with the figures on the returns. Witness my hand this 22nd day of May, 2012. Presiding Officer of Canvassing Authority OS-15-07 Certify figures votes. Doc. I 05-15-07 Certificate of Election IN THE NAME AND BY THE AUTHORITY OF THE CITY OF ANNA, TEXAS THIS IS TO CERTIFY, that at a General Election held on May 12, 2012 Mike Crist Mayor James T. Cook Council Member, Place 1 John Hopewell Council Member, Place3 Nathan Bryan Council Member, Place 5 Was duly elected In testimony whereof, I have hereunto signed my name and caused the Seal of the City of Anna, Collin County, Texas to be affixed, this 22nd day of May, 20120 Signature of Presiding Officer of Canvassing Authority City of Anna, Texas SUMMARY OF PRECINCT RETURNS I, the undersigned, the presiding officer of the canvassing authority for City of Anna Election, held on the 12th day of May 2012, Collin County, Texas do hereby certify that the following is a total of all votes received by each candidate and votes received "for and "against" each measure as shown by the precinct returns. I further certify that the following vote totals include early voting votes by precinct received under section 87.1231 of the Texas Election Code. Name of Office or Proposition Name of Candidate Total Votes Received Mayor Lori Garza 105 Mayor Milce Crist 248 Manor Darren R. Driskell 97 City Council, Place 1 James T Cook 286 City Council, Place 1 Bo Bryan 137 City Council, Place 3 Lauren Lovato 185 City Council, Place 3 John Hopewell 224 City Council. Place 5 Marc Hendricks 171 City Council, Place 5 Nathan Bryan 243 Proposition 1 For 313 Against 114 Proposition 2 For 411 Ap;ainst 23 Proposition 3 For 351 Against 67 sition 4 For 327 Against 98 Proposition 5 For 332 Against 78 Proposition 6 For 338 Against 95 Dated this 16th Day of May 2012. Mayor, Darren R. Driskell r Council Meeting: May 22, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: SUMMARY: Call to order. Item No.I City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-16-12 Exhibits: ❑Yes ❑ No Rw Y{OUA} IiOMGTOWN Council Meeting: May 22, 2012 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-16-12 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: ❑ No Council Meeting: May 22, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-1612 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, factual information in response to a citizen' response to the inquiry. f.Y11►/1u ►�.�•� RECOMMENDATION: other than to make statements of s in or to recite existing policy in Council Meeting: May 22, 2012 Account Code #: N/A Budgeted Amount: 1:1 Item No, 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-16-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in statzts of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or conrnrzinity event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. SUMMARY: RECOMMENDATION: IiOMETOWN Council Meeting: May 22, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.S City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Natha Wilkison Date Prepared: 5-16-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Administer the Statement of Elected Officer and the Oath of Office and present Certificate of Election to newly elected officials. (City Secretary) SUMMARY: According to the City Charter each newly -elected person to the City Council is entitled to be inducted into office at the first regular City Council meeting following the election that the newly -elected member attends. Also according to the City Charter all elected and appointed officers of the City must take and sign an oath of office based on those prescribed for state elective and appointed offices, respectively, in the Constitution of the State of Texas. The Statement of Elected Officer and the Oath of Office will be given to the newly elected officials. Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report fiOMETOWN Council Meeting: May 22, 2012 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 5-16-12 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in the City Charter. (City Council) SUMMARY: According to the City Charter the Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro-Tem must act as Mayor during the disability or absence of the Mayor, and in this capacity has the rights conferred upon the Mayor. RECOMMENDATION: Staff recommends electing the Mayor Pro-Tem. Council Meeting: May 22I 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-16-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tern as directed in the City Charter. (City Council) SUMMARY: According to the City Charter the Deputy Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Deputy Mayor Pro-Tem must act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this capacity has the rights conferred upon the Mayor. RECOMMENDATION: Staff recommends electing the Deputy Mayor Pro-Tem. Council Meeting: May 22, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.8 (a - d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-16-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non-conhoversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for May 8, 2012 Regular Meeting. b. Review CDC Minutes for February 14, 2012 Special Meeting. c. Review CDC Minutes for March 8, 2012 Special Meeting. d. Review EDC Minutes for March 8, 2012 Special Meeting. RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING May 89 2012 7:30 p.m. —Anna City Hall Administration Bung The City Council of the City of Anna met in Regular Session at 7:30 p.m., May 89 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the Cio) Council Meeting. Please sign the Sign4n-Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Darren R. Driskell called the meeting to order at 7:30 pm. Mayor Darren R. Driskell and Council Members Mike Crist, John Geeen, Marc Hendricks and Becky Glover was present. Council Members Kevin Anderson and Keith Green were absent. 2. Invocation and Pledge of Allegiance. Mayor Driskell gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to spealr. The Council is unable to respond to of discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Cory Kenny asking why not seeing police patrolling his West Crossing neighborhood. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules, an honorary or salutaiy recognition of a public official, public employee, or other citizen (but not including a change lit status of a person's public office or public employment), a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. OS-08-12 CC Regular Meeting Minutes I OS-08-12 None 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for Apri124, 2012 Regular Meeting. b. Review CDC Minutes for September 1, 2011Regular Meeting. c. Review EDC Minutes for August 16, 2011 Special Meeting. d. Review EDC Minutes for September 1, 2012 Regular Meeting. e. Review EDC Minutes for December 1, 2011 Regular Meeting. f. Approving a Resolution denying ATMOS Energy Corp., Mid -Tex Division's requested rate change. (City Manager) g. Approve a Resolution supporting the National Planetary Exploration funding awareness effort (Councilman Crist) Council Member Geren made the motion to approve the consent items. Council Member Crist seconded the motion. Motion passes. ►: 1 6. Consider/Discuss/Action regarding a Resolution approving a Special Event Permit for an outdoor concert, and an Agreement between the City and Billy's Bar & Grill, LLC. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development started his presentation of this item. Council Member Hendricks stated that the event had been cancelled because of poor ticket sales. Council Members decided there was not any further need to discuss the item. City Manager, Philip Sanders recommended that some sort of action be taken on the permit. Mayor Driskell made the motion to deny the permit. Council Member Hendricks seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. (a) Public Hearing: To consider public comment regarding an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain property. Anna Economic Development Corporation, owner(s) of property, is requesting a zoning change to Planned Development (PD) zoning to provide for Downtown Redevelopment District. The property is currently zoned as Single Family Residential (SF) and is located at 312 N. Powell Plcwy. (Maurice Schwanke) OS-08-12 CC Regular Meeting Minutes 2 OS-08-12 Maurice Schwanke, Director of Planning and Development presented the item to council. Mayor Driskell opened the public hearing at 7:37 pm. There was no public comment. Mayor Driskell closed the public hearing at 7:38 pm. (b) Consider/Discuss/Action adopting an ordinance amending the City's Comprehensive Plan, Zoning Map and Zoning Ordinance and changing the zoning of certain property. The owner(s) is requesting a zoning change to Planned Development (PD) zoning to provide for Downtown Redevelopment District. The property is currently zoned as Single Family Residential (SF) and is located at 312 N. Powell Pkwy. (Maurice Schwanke) Council Member Crist made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the 2012 Street Rehabilitation Project (Hackberry & Interurban Street Rehabilitation). (James Parkman) James Parlcman, Director of Public Works presented the item to council and answered questions. Mayor Driskell made the motion to approve. Council Member Crist seconded the motion. Motion passes. I NAY 0 Council Member Crist made the motion to enter closed session at 7:40 pm. Council Member Geren seconded the motion. Motion passes. NAY 0 ABSTAIN 0 9. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072; FM 455 utility easement acquisitions. b. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discussion regarding wastewater treatment plant fence. OS-08-12 CC Regular Meeting Minutes 3 OS-08-12 c. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Crist made the motion to return to open session at 7:52 pm. Council Member Hendricks seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action on any items listed on any closed session occurring during this Regular Meeting, as necessary. Council Member Glover made the motion to take no action. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. Adjourn. Council Member Crist made the motion to adjourn at 7:58 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Darren R. Driskell, Mayor OS-08-12 CC Regular Meeting Minutes 4 OS-08-12 OF •" � •. •..��i fit,. Thursday, February 14, 2012 The Community Development Corporation ("CDC") of the City of Anna met at 5:30 p.m., Thursday, February 14, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. �1. Call to Order Jason Focht, CDC President, called the meeting to order at 5:30pm and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum, 2. Roll Call and Establishment of Quorum. Directors in attendance were: John Houcek, Sherilyn Godfrey, Connie Stump, Jason Focht, and Gene Bowles, Directors Sherilyn Godfrey and Duane Hayes were absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Consider/DiscusslAction regarding resolution providing approval for the Anna Community development Corporation to enter in to a 1St Supplemental Amendment to Loan Agreement and Promissory Note and to Security Agreement (Image Vision Labs, Inc.) concerning subordination of security for revolving loan. Ms. Perkins briefed the board on the subordination request by Image Vision. Clark McCoy stated that agreeing to the subordination does not put the CDC in any kind of jeopardy or additional risk. If the CDC does not agree to the subordination Image Vision would not be able to get the cash infusion needed to grow their business. Moving forward with the subordination does not change the pay back schedule or change the terms of the note. The only thing the subordination will do is put the CDC behind another investor. Gene Bowles made a motion to pass the resolution that will authorize and approve a 1 st Supplemental Amendment to the Loan Agreement and Promissory Note and Security agreement with Image Vision Labs. Connie Stump seconded the motion. Motion passed all, 1. The Corporation may vote and/or act upon each of the items listed in this agenda. Corporation reserves the right to retire into executive session concerning any ol'the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-14-2012 Special CDC Minutes.doc 1 4, Adjourn. Gene Bowles made a motion to adjourn the meeting. Connie Stump seconded the motion. Motion carried and the meeting adjourned at 5:50 p.m. APPROVED: itl`1/ �l J` iFocht :'resident of D• ATTESTED: Sherilyn G�f�ifrey Secretary bf CDC 1. "i'he Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right io retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting Nvho may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-14-2012 Special CDC Minutes.doc 2 CC7;Rh4Ct(vlil' ot_��Eis>>r>�;�rrd r ;;C RPOPAriaill • •` •"•` • Thursday, March $, 2012 The Community Development Corporation ("CDC") of the City of Anna met at 6:47 p.m., Thursday, March 8, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Jason Focht, President, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Sarah Jones, John Houcek, Sherilyn Godfrey, Connie Stump, Gene Bowles and Jason Focht. Director Duane Hayes was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Invocation and Pledge Due to the lateness of the hour, the Invocation and Pledge were dispensed with. 4. Consider/Discuss/Action regarding passing a resolution to hire a CPA to complete IRS Form 990. Jessica Perkins gave a brief description of the services to be provided by LaFollett and Company PLLC, a professional tax service. The City has employed this company in the past. The Engagement Letter was reviewed. Gene Bowles made a motion to adopt the resolution of the Community Development Corporation authorizing the CAO to act on the Board's behalf in executing a contract for consulting services to assist with the completion of IRS Form 990, in an amount not to exceed $1250. Connie Stump seconded the motion. Motion carried. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. "fhe Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necess�uy and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-08-2012 Regular CDC Minutes.doc 1 5. Review of bills and fiscal year 201142 budget. There were no bills or budget to review. 6. ConsiderlDiscuss/Action regarding approving the regular meeting minutes from February 2, 2012 and February 14, 2012. Sherilyn Godfrey made a motion to adopt the minutes as written. John Haucek seconded the motion. Motion carried. Sarah Jones abstained. 7. Adjourn. Connie Stump made a motion to adjourn the meeting. Gene Bowles seconded the motion. Motion carried and the meeting adjourned at 6:50 p.m. APPROVED: Jas Focht Pre dent of CDC Sherilyn Godfrey Secretary of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-08-2012 Regular CDC Minutes.doc ACC>t•c��A1C EE.'ELc i't'rIt-,kA . C0RP(-) A11C;z MINUTES OF SPECIAL MEETING OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, March 8, 2012 The Economic Development Corporation ("EDC") of the City of Anna met at 5:03 p.m., Thursday, March 8, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas, 1. Call to Order Constance Ann Stump, President of EDC, called the meeting to order and the following items were presented to the Board for its consideration. 2. Roll Call and Establishment of Quorum. Sarah Jones, the newest member of the Board, was introduced. Roll call followed and the Directors in attendance were: Sarah Jones, John Houcek, Sherilyn Godfrey, Connie Stump, Gene Bowles and Jason Focht. Director Duane Hayes was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. Mitch Butler of Image Vision Labs was present to speak to the Board with respect to Agenda Item No. 8. 3. Discussion regarding attending ICSC in May. Jessica Perkins recommended that Sara Cox, President of GACC, attend the ICSC meeting with her in May. Tom Terrell has not expressed interest in renewing his contract and the mayor is not available to attend. The Board unanimously agreed with her. [INTENTIONAL LEFT BLANK] I. The Corporation tnay vote and/or act upon each of the items listed in this agenda. 2. The Corporation resen�cs the right to retire into e;:ecutive session concerning any orthe items listed on this agenda, whenever it is considered necessary and legally justilicd under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office orthe City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-08-2012 Regular EDC Minutes.doc 1 4. Discussion regarding submitting an application for an USDA program. The USDA offers a !ow interest loan program that the EDC is eligible to apply for. The program requires the EDC to pay a one -percent (1 %) interest rate to participate. No more than twenty-five percent (25%) can go to one business; and as the money is paid back, it can be loan it to other businesses. The Board thought is was a good idea to wait to look into any program after the renovation of the Old Post Office is completed. 5. Consider/DiscusslAction regarding passing a resolution to hire a facilitator to conduct a strategic planning session. Jessica Perkins presented the idea of hiring a facilitator to conduct a 3-4 hour strategic planning session sometime during a weekend. Clark McCoy added that this a normal thing for a city or board to do. There are reason staff thought the planning session would offer the board: a) help with decision -making, b) make plans for the coming year; and c) compile an annual report on its progress and investment in the community. The resumes of four people were attached to the meeting packet for the Board to review. Jessica Perkins recommended Nancy Bartlett because of her long affiliation with the City of Irving, Texas, and her focus on accountability and results. The Board agreed. A motion was made by Gene Bowles and seconded by Sarah Jones to adopt a resolution authorizing procurement of professional services for strategic economic development planning and marketing; and, for the CAO to execute a contract with Nancy Bartlett for professional consulting services not to exceed $2000 without further Board approval, subjected to approval of the form and content by EDC's legal counsel and the final approval by City Council. Motion carried. 6. Consider/Discuss/Action regarding passing a resolution to hire a CPA to complete IRS Form 990. Jessica Perkins gave a brief description of the services to be provided by LaFollett and Company PLLC, a professional tax service. The City has employed this company in the past. The Engagement Letter was reviewed. Jason Focht made a motion to adopt the resolution of the Community Development Corporation authorizing the CAO to act on the Board's behalf in executing a contract for consulting services to assist with the completion of IRS Form 990, in an amount not to exceed $1250. Gene Bowles seconded the motion. Motion carried. 7. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS 551.072 AND 551.087 OF TEXAS GOVERNMENT CODE TO DISCUSS: 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924.3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-08-2012 Regular EDC Minutes.doc 2 a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §5510072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071), and, c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). Gene Bowles made a motion to move to Closed Session that was seconded by John Houcek. The Board entered Closed Session at 5*27 p.m. After the business at hand was discussed, a Motion was made by Gene Bowles to move to Open Session. Shenlyn Godfrey seconded the motion. Motion carried. The Board re-entered Open Session at 5:53 p.m. 8. Consider/Discuss/Action regarding approving a resolution approving a waiver of rights under the performance agreement with Image Vision Labs and authorizing execution of said waiver. Mitch Butler, Co -Founder of IVL, presented an overall view of the company and the reason why he started the company. IVL developed the software for video and image content. There is need for text and image evaluation every sixty (60) seconds. Fifty-six percent (56%) comes from mobile devices. Today, social media has overtaken pornography. Facebook, Apple, Yahoo and Photobucket are four of IVL's biggest clients. Mr. Butler travels the world promoting IVL. The company has grown quickly and needs to secure additional funding for expansion. IVL has an opportunity to secure funds through series B investments. This investment would allow the company to continue developing software, expanding the business and adding employees. Gene Bowles made a Motion adopting the resolution that EDC authorize and approve a Waiver of Rights under the Performance Agreement with Image Vision Labs to promote expanded business development and authorize the EDC President to execute the Wavier Agreement on its behalf. John Houcek seconded the motion. Motion carried. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 92M3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-08-2012 Regular EDC Minutes.doc 3 9. ConsideriDiscuss/Action regarding approval of the regular meeting minutes from February 2, 2012, and December 1, 2011. John HOucek made a motion to accept the minutes as written. Sherilyn Godfrey seconded the motion. Motion carried. 10. Review of bills and fiscal year 2011-12 budget. There were no bills or budget to review. 11. Adjourn. Sherilyn Godfrey made a motion to adjourn that was seconded by John Houcek. Motion carried. The meeting was adjourned at 6:45 p.m. APPROVED: Constance Ann Stump President of EDC 1. 'The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-08-2012 Regular EDC Minutes.doc 4 Council Meeting: May 22I 2012 Account Code #: Budgeted Amount: N/A Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: OS/16/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Use of Interurban Street right -of --way south of East Fourth Street. SUMMARY: Jon Hendricks of A & H Investments has approached the City to use Interurban right -of --way adjacent to his building located at the southeast corner of East Fourth Street and Interurban Street. The intended use of the property inside the building is Daddy Rex's which is a Barbeque Restaurant. The intent is to construct a door opening on the buildings west side to access an area in the right-of-way to be built for outdoor seating. Additionally, the parking surface south of the seating area is planned on being improved. Landscape enhancements will also be part of the proposed improvements. This proposal is in line with the Downtown Revitalization Plan Vision where it is desirous to encourage outdoor seating utilizing right-of-way frontages. Eventually, Interurban Street is planned to be a north bound street as part of a one-way couplet traversing Anna's Downtown Revitalization Area and will need to be reconstructed. As part of this agreement the City needs to retain the ability to utilize this area when final design of the thoroughfare becomes imminent. RECOMMENDED ACTION: The Staff is in support of this right -of --way use agreement and is recommending approval. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A LICENSE AGREEMENT WITH A & H INVESTMENTS INC. TO USE A PORTION OF THE INTERURBAN STREET RIGHT-OF-WAY WHEREAS, the City of Anna, Texas (the "City") and A & H Investments Inc. ("Licensee") desire to enter into a License Agreement to use a portion of the Interurban Street Right -of - Way (the "Agreement); and WHEREAS, the City Council of the City of Anna, Texas finds that approval of the Agreement is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The Council hereby approves the Agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22"d day of May 2012. ATTEST: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 w� X{OUR} HOMET(?W PT Council Meeting: Account Code #:_ Budgeted Amount; May 22, 2012 Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Cites er Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving four resolutions authorizing acquisition of utility easements including negotiation with property owners and potential use of eminent domain to condemn easements along FM 455. (City Manager) SUMMARY: In order to prepare of the upcoming expansion and reconstruction of FM 455, the City of Anna is required to relocate existing water and sewer lines that will be in conflict with the upcoming expansion and reconstruction of FM 455. In order to relocate these utilities, the City will need to acquire several easements from certain properties adjacent to FM 455. The attached resolutions authorize Staff to negotiate with the affected property owners for the donation or purchase of the required easements. It is likely that we will use a third party agent to negotiate on our behalf for most of the easements. If Staff is unable to acquire all of the easements through negotiation, we will come back to the Council to receive specific authorization to use eminent domain to complete the acquisition process. RECOMMENDATION: Staff recommends approval of the attached Resolutions. State Law requires specc language to be used in a motion to approve these types of Resolutions. The specific language is attached. MOTION for Item 10.a. "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire the easements totaling 0.19 acres as described in Exhibits A, B, C, D, and E, which are attached to the resolution that is the subject of this agenda item, 10.a., with said easement descriptions being incorporated into this motion as if stated verbatim, for the public use of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines and that the record vote on this motion applies to all the properties to be condemned under said resolution." Item No. 10 City Secretary's use only MOTION for Item 10.b. "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire the easement totaling 0.005 acres as described in Exhibit A, which is attached to the resolution that is the subject of this agenda item, 10.b., with said easement description being incorporated into this motion as if stated verbatim, for the public use of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines." MOTION for Item 10.c. "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire the easements totaling 0.097 acres as described in Exhibits A, B, C, and D, which are attached to the resolution that is the subject of this agenda item, 10.c., with said easement descriptions being incorporated into this motion as if stated verbatim, for the public use of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines and that the record vote on this motion applies to all the properties to be condemned under said resolution." MOTION for Item 10.d. "I move that the City of Anna, Texas authorize the "CO of the power of eminent domain to acquire the easements totaling 0.048 acres as described in Exhibits A, B, and C, which are attached to the resolution that is the subject of this agenda item, 10.d., with said easement descriptions being incorporated into this motion as if stated verbatim, for the public use of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines and that the record vote on this motion applies to all the properties to be condemned under said resolution." CITY OF ANIMA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF 0.19 ACRES OF REAL PROPERTY, MORE OR LESS, FOR A PERMANENT UTILITY EASEMENT, AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID PROPERTY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a need to provide utility system improvements to benefit the City of Anna, its citizens and general health, safety and welfare; and WHEREAS, it is necessary to acquire certain easements not now held by the City of Anna for such utility system improvements; and WHEREAS, it is necessary to delegate 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 ("Council") of the City of Anna, Texas ("City") finds that a public necessity exists for acquisition of one or more permanent utility easements, waterline easements, and/or wastewater line easements comprising 0.19 acres of rea'. property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of installation, maintenance, replacement, or repair of utilities benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The above -stated 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 § 251.002 and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 Section 2. Property to be Acquired 2.01 The necessary permanent utility easements, waterline easements, and/or wastewater line easements sought to be acquired will affect segments %J tracts totaling approximately 0.19 acres of real property (collectively, the "Property"), held by multiple owners. Said approximate 0.19 acres of real property are generally aligned and are described in Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, and Exhibit F, each of which are attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The Council finds a public necessity for the public welfare and convenience to acquire the easements identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines. The Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Property by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Property appraised by a certified appraiser, to send the landowners) a copy of 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 final monetary offers in an attempt to acquire the permanent utility easements, waterline easements, and/or wastewater line easements on and under the affected Property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire an easement through the Property 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 Property. The Council hereby authorizes and ratifies any such actions taken thus far. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this day of 2012. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 ATTESTED: City Secretary, Natha Wilkinson APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 County, Higbway: R.O.W, CSJ: C011111 FM 455 0816-04-046 EXHIBIT Description for Wastewater Easement Page 1 of 3 Apr#110, 2012 BEING 618 square feet of land, more or less, in the Grandeason Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 0.2718 acre tract of land deseribed in a deed to Chan C. Chung (Chung tract), as recorded in Volume 5965, Page 2924 of the Official Public Records of Collin County Texas; said 618 square feet of land being more particularly described by the metes and bounds as follows COMMENCING at a 5/8-inch iron rod with aluminum cap stamped "TaDOT" found in the East lI ne of said Chung tract, same being the Southeast corner of that certain called 0.058 acre tract of land described in a Notice of Lis Pendens to the State of Texas (State tract), as recorded in Document Number 20110811000848430 of the Official Public Records of Collin County, Texas; same also being in the existing West Riglit-of--way line of State Highway 5, as recorded in Volume 297, Page 585 of the Official Public Records of Collin County Texas; THENCE Noah 42° 05' 29" West with the common line between said Claung tract and said State tract, a distance of 48.50 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set fox the PLACE OF BEGINNING, said PLACE OF BEGINNING being the beginning of a curve to the left whose long chord bears North 88° 45' 53" West, 48,69 feet; 1) THENCE Northwesterly, crossing said Chung tract with the South Line of the herein described easement, curving to the left, having a radius of 4925.00 feet, through a central angle of 00° 33' 59" for an are distance of 48.69 feet to a 5/84nch iron rod with plastic cap stamped "Dannenbaum Engineering" set in the West line of said Chung tract, same being the East line of that certain called 0.275 acre tract of land described in a deed to Charles K. Green (Green tract), as recorded in Volume 5858, Page 3868 of the Official Public Records of Collin County Texas , 2) THENCE North 04° 08' S1" East with the conunon Tine between said Chung tract and said Green tl•act, a distance of 15.02 feet to a 5/8-inch iron rad with aluminum cap stamped "TxDOT" found for the Southwest corner of the aforesaid State tract, said corner being the beginning of a curve to the right whose long chord bears South 88° 50' 33" East, 33.73 feet; 3) THENCE Southeasterly with the common line between said Chung tract and said State tract, curving to the right, having a radius of 4940.00 feet, tluough a central angle of 00° 23' 28", for an are distance of 33.73 feet to a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found for an angle point; County: Highway: R.O.W. CSJ: Collin FM 455 0816-04-046 EXHIBIT "A" Continued Description for Wastewater Easement Page 2 of 3 April 10, 2012 4) THENCE South 42° 05' 29" East with the common line between said Chung tract and said State tract, a distance of 20.69 feet to the PLACE OF BEGINNING and containing 618 square feet (0.014 Acres) of land, more or less. Notes: Survey plat to accompany this legal description. Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860,0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East - Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my Michael Dan Davis I Registered Professional Land Surveyor No. 4838 Dannenbaum Engineering Company Fort Worth — LLC T.B.P.L.S. Registration Number 101188-02 6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office: 817-763-8883, Fax6 817-377-2956 �iG �figF'• J, MICHAEL DAN DAVIS .................. ° 4838 % •' Ffssta�y0� SERVE THE/:Y.:l STNATIONAL VAN ALSTYNE EXISTING F I // 9L.4949,—PG-27j-=--- -1 'O WAY L cs f 0-P.R.C.C,T.. fI --� tr -1 STATE OF TEXgS- 7 C /V.a1z.P.Y�6 r- m A A I^'1" i.C,PT. COOT ill I,� TjD, GP" ° JOSEPH FINLEY DOCUMENT NUMBER 95-0087243 O.P,R.C.C,T, PATRICIA LEE ROPER AND AMON BURL ROPER VOL, 2094, PG, 741 O.P.R.C.C.T. MICHAEL JAKE HENDRICKS, TRUSTEE EVELYN McLAIN HENDRICKS TRUST DOCUMENT NUMBER 94-0078357 O.P,R.C.C.T. IT cxrr�Brr •a• fn �YQ°T f iE=NRY(PR/ 1 �..�- J SU�R� E CAP Txoor l 1 IN chpi1 Z -- -._ A, WASTEWATER'srnTEOFTExAs EASEMENT ooaezonoat,coosaejsoj(� �0 0141 AC� �HARLES K. GREEN VOL.58583 PG. 3868 O,P,R,C,C,T. POB 1 1 1 )ETAIL TKa0 ; CAfP 1 I =7178505.266 1 =25§3759.151 1 , f ,UND 1 PIPE 1 f r )UND j12•CIR S69'22'S6'E CHAN C, CHUNG VOL.5965, PG, 2924 O.P.R,C.C.T, DAMES D. HOLLAND et ux VOL. 55$, PG. 632 O.P.R.GC,T GRANDERSON STARK SURVEY ABSTRACT No,798 Notes: Legal descrlptlon to accrompo7ry /Ms survey sketch, BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR (N 6, 962,112, 4020,E 2, q11, 057.5050 GRID1 AND COBS STATl01! TXDA (N 6, 978.860.0908,E 2, 529, 861.8823 GRiDI, N. A, D, 83, WHICH IS NORTH 8r 58' 33' EAST- TEXAS PLANE / COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202). N\ ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY TXDOT CONVERSION FACTOR 1*000152710. Page 3 of 3 LEGEND � � Monumenlfaund 'os Holed` Q • 5/'Iron rod w/ plosilc cap stamped •Donnenboum Englneering' POC • Place Of Commencing POB ° Ploce Of Beglnning R • Property Une SL orSurvey Une H .Fee Hook 0. R. R.C.C. T, F OPflcloi Public Records, Collin County, Texas TXDOT CAP PROP EASEMENT LINE i�'•ol', T� AIICHAEL DAN DAVIS ............................. A 4838 {OFSW F POST DETAIL N.T.S. C2 / TXDOT 1� •r-. CAP TL E4�Y l_ Jo,71 CH = N88°45'S3"W CH = S88°50'33"E CH = 48.69' CH = 33.73' R = 4925.00' R = 4940.00' L = 48,69' L = 33.73' A = 00°33'59" LT. A = 00°23'28" RT. '� ,iM/ 0 50 100 i 50 j,��\ SCALE IN fiEfiT WASTEWATER EASEMENT to the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Chan C. Chung 618 Square feet or 0.014 acres DANNENBAUM • ENGINEERING CO. - FT. WORTH, LLC T.B.P.L.S, REG, NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763•-8883 County: Collin Highway: FM 455 City of Amna EXHIBIT 07 Description for Wastewater Easement Page 1 of 3 Apn71 10, 2012 BE1NG 1,247 square feet of land, snore or less, in the Granderson Stark Survey, Abstract Number 798, City of Amia, Collin County, Texas, and being part of that certain called 0.275 acre tract of land described in a deed to Charles K. Green (Green tract), as recorded in Volume 5858, Page 3868 of the Official Public Records of Collin County Texas; said 1,247 square feet of land being more particularly described by the metes and bounds as follows COMMENCING at a found 1-inch iron pipe for the Southeast corner of said Green tract, same being the Southwest corner of that certain 0.2718 acre tract of land described in a deed to Chan C. Chung (Chung tract), as recorded in Volume 5965; Page 2924 of the Official Public Records of Collin County Texas; same being in the North line of that certain tract of land described in a deed to James D. Holland (Holland tract), as recorded in Volume 558, Page 632 of the Official Public Records of Collin County, Texas, THENCE North 89° 22' S8" West with the common line between said Green tract and said Holland tract, a distance of 88.27 feet to the Southwest corner of said Green tract and the Northwest coiner of said Holland tract; same being in the Northerly East line of that certain called 8.19 acre tract of land described in a deed to Michael Jake Hendricks, Trustee, Evelyn McLain Hendricks Trust (Hendricks tract), as recorded in Document Number 94-0078357 of the Official Public Records of Collin County Texas; THENCE North 04° I1' 10" East with the common Tine between said Green tract and said Hendricks tract, a distance of 114.16 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING, 1) THENCE North 04° 11' 10" East with the common line between said Green tract and said Hendricks tract, a distance of 15.03 feet to a 5/84nch iron rod with aluninum cap stamped "TxDOT" found for the Existing South Right -of way Line of FM 455 as recorded in Document Number 20111228001397460 of the Official Public Records of Collin County Texas; 2) THENCE South 89° 26' 49"East with said Existing South Right-oi way Line of FM 455, a distance of 47.90 feet to a S/8-mein iron rod with aluminum cap stamped "TxDOT" found for the beginning of a curve to the right, whose long chord bears South 890 14' 33" East, 35.23 feet; 3) THENCE Southeasterly with said Existing South Right -of --way Line of FM 455, curving to the right, having a radius of 4940.U0 feet, through a central angle of 00° 24' 31 ", far an arc distance of 35.23 feet to a 5/&mch iron rod with aluminum cap stamped "TxDOT" found in the East line of said Green tract, same being the West line of the aforesaid Chung tract; County: Collin Highway: FM 455 City of Ana EXHIBIT D Continued Description for W astewat%A Easement Page 2 of 3 April 10, 2012 4) THENCE South 04° 08' S1 West with the common line between said Green tract and said Chung tract, a distance of 15.02 feet to a 5/&Inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner, said corner being the beginning of a curve to the left, whose long chord bears North 89° 14' 51" West, 34.29 feet; S) THENCE Northwesterly, crossing said Green tract, with the South Line of the herein described easement, curving to the left, having a radius of 4925.00 feet, through a central angle of 00° 23' 56", for an are distance of 34.29 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the end of said curve; 6) THENCE Nar•th 89° 2G' 49" West, continuing across said Green pact with the South line of the herein described easement, a distance of 48.85 feet to the PLACE OF BEGINNING and containing 1,247 square feet (0.029 Acres) of land, more or less. Notes: Survey plat to accompany this legal description. Basis of Bearings is a line between COBS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates} and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. I, Michael an Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Michael Dan Davis �'�P G t 5 r cR� .9 Registered Professional Land Surveyor No. 4838 Dannenbaun Engineering Company Fort Worth — LLC MICHAEL DAN DAVIS T.B.P.L.S. Registration Number 10118&02 4838 6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 " o \,%. ' a'4 Office: 817- 76M883, Fax: 817M7-2956 ti� S U Rt`j �'�o ST NATIONAL VAN ALSTYNE EXISTING r TE N F-M-455- --- sTAFPoF7 Y.322. PI„ s _EXISTINOr —1 i nr,:ss JOSEPH FINLEY DOCUMENT NUMBER 95-0087243 O.P.R.C.C.T, rn AP°T ; KEN RY[ PRi 1 TXDOT{l) } 1 1 _I-,-_ \ � hU CAP/f5 U`R:`f7 �1 c.� TAOPPT r 1 �AB�STRA 4:`° ..—•----..__._. --.,----_.._-air"� 1 0 `i STATE OF Ti 1 _ 1 4fi3 I cAP SEE �ETAIL ' T7xo0T- ? fCAP TXOOT jotCAP r LINE I z m I I ]! Tx 0 GAP i x0 (�4 I _ CJ CJ I k 0 f U O I 1 86.27" r 1 FOUND ItPIPE I i PATRICIA LEE ROPER t 1 AND AMON BURL ROPER VOL. 2094, PG. 741 wnA r Wna O.P.R.C.C.T. DAMES D, HOLLANp ei ux , o VOL.558,PG.632'� O.P.R.C.C.T MICHAEL JAI<E HENpRICf(S> TRUSTEE EVELYN McLAIN HENDRICKS TRUST Txoor DOCUMENT NUMBER 94-0078357 CAP j OY.R.C.C.T. N04°11'10"E ( , 16.03, • VVi GRANDERSON STARK SURVEY ABSTRACT No.798 Notes: Legoldescrlpiion to accompany ihls survey sketch. BASIS OF BEARINGS 1S A LINE BETWEEN CORS STATION TXAR (N 6, 962,!12.902Q, E 2, 9Ii,057.5050 GRIDi AND COBS STATION TXDA (N 6,978,860.0906,E 2.529.861.8823 GR101, N.A.D, 83, WHICH IS NORTH 8r58'33 EAST - TEXAS PLANE / COORDINATE SYSTEH, NORTH CENTRAL ZONE (4202). N ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY 8E CONVERTED TO GR/D 8Y ONIDING 8Y TXDOT CONVERSION FACTOR I.0001527I0. Page 3 of 3 LEGEND � • Afonument found 'os noted' Q - e' Iron rod w/ plostic cop stomped `Donnenbaum Englneering• POC • Place Of Commencing POR Place Of Reglnning JP • Property Llne SL • SUrVeY Line r = Fee Hook 0. R. R. C. C. T. - Offlclol Pub/!0 Records, ColNn County, Texas rxISTINC+ fZl(.ihl r DETAIL N.T.S. OF WAY LINE 7 sag°26'49"E47.90' CAP TXDOT � C1 . CAP N89°26'49'1N 48.85' r " " C2 PROP EASEMENT .........................:.... MICHAEL DAN DAVIS . ..... � 4838 N 4it SUR �LErY 0.71 SO4°08'51"W 16.02' ci c2 CH = S89°14'33"E CH = N89°i4'51"W CH = 35.23' CH = 34.29' R = 4940,00' R = 4925.00' L = 35.23' L = 34.29' A = 00°24'31" RT, A = 00°23'56" LT. 0 50 !00 150 (i,t�r7't SCALE [N FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Charles K. Green 1.247 Square feet or 0.029 acres ENGINEERING CO. - FT. WORTH, LLC T.B.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 4O0 FORT WORTH, TEXAS 76116 (817)763-8883 County: Collin Highway: FM 455 City of Anna EXHIBIT Description for Wastewater Easement Page 1 of 3 April 10, 2012 BEING 2,025 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 8.19 acre tract of land described in a deed to Michael Jake Hendricks, Trustee, Evelyn McLain Hendricks Trust (Hendricks tract), as recorded in Document Number 94-0078357 of the Official Public Records of Collin County Texas; said 2,025 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 1 /2-inch iron rod with cap for a re-entrant corner of said Hendricks pact, same being the Southeast comer of that certain called 0.325 acre tract described in a deed to Joseph Finley (Finley tract), as recorded in Document Number 95-0087243 of the Official Public Records of Collin County Texas; THENCE North 04° 31' 20" East with the common line between said Hendricks tract and said Finley tract, a distance of 111.86 feet to a 5/84nch iron rod with plastic cap stamped "Darmenbaum Engineering" set for the PLACE OF BEGINNING; 1} THENCE North 04° 31' 20" East with the common line between said Hendricks tract and said Finley tract, a distance of 15.04 feet to a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found for the fiiture South Right-of=way line of FM 455; 2} THENCE Soutli 890 26' 49" East, crossing said Hendricks tract, with the fitttue South Right -of --way line of FM 455, a distance %J 134.94 feet to a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found in the common boundary line between said Hendricks tract and that certain called 0.275 acre tract of land described in a deed to Charles K. Green (Green tract), as recorded in Volume 5858, Page 3868 of the Official Public Records of Collin County Texas; 3) THENCE South 04° 11' 10" West with the common line between said Hendricks tract and said Green iract, a distance of 15.03 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 4) THENCE North 89° 26' 49" West, crossing said Hendricks tract with the South line of the herein described easement, a distance 135.03 feet to the PLACE OF BEGINNING and containing 2,025 square feet (0.047 Acres) of land, more or less. EXHIBIT ' L. Continued County: Collin Highway: FM 455 City of Anna Description for Wastewater Easement Notes: Survey plat to accompany this legal description. Page 2 of 3 April 10, 2012 Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202), All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. I, Michael Dan Davis, a Registered Professional Land Surveyor irr the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Michael 1)an llavis Registered Professional Land Surveyor No. 4838 Damrenbaum Engineering Company Fort Worth — LLC T.B.P.L.S, Registration Number 101IM02 G421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office: 81746M883, Fax: 817-377-2956 MICHAEL DAN DAVIS 4838 SCR Txoor JOHN BRADLEY VOL.4316, PG. 2211 _. O.('.R.d.C.T. O AP -/ C EXHIBIT HENRY BRANTLEY SURVEY ABSTRACT No.71 , PouyD l �� T4IE FIRST NATIONAL•' / ¢ANK OF VAN ALSTYN i VOLA949, PG.271 i O.P.R.C.C.T. i TXOtjT„� t_i i Yi i. STATE OFTE; V. 3724"" --_� _.._...._..._-O P.R.0 C:T:-. 'XISTING RIGH ! 1 � ` 04 OF WAY LINE f 1 . r-- CAP T,1'__.... ��i� APQ P. LONKIE &PRANCES MARTIN DOCUMENT NUMBER 94.0095033 O.R.C,C.T. GRADY BOB ROLLINS AND WIFE FRANCES GAIL ROLLINS VOL. 3346, PG. 764 O.P.R.C.C.T. T7tD0T CAP FLIT URE,RIGH' WAY LINE °1 `*OF" _EASEMENT MOT ... -• - - tcpv -- -- •-134.9}rQ,,- - - - - T DOT - �it� POB •� � PATRICIA LEE ROPER ANq AMON BURL ROPER VOL. 2094, PG. 741 O.P.R.C.C.T. POO L NN=71 Z I E=2563459.982 i12•CIft JOSEPH FINLEY gOCUMENT NUMBER 95-0087243 O.P.R.C.C.T. a r IpgkH r O 1 -i} CAP i '~T oPT C'r EXIS't•ING-RIGHT I w OF WAY LIT r TxopT CAP�''-- TXOpT � CAP � � _ / _r•:( 1±r- C9 t I c N h: 7x¢a ' Z U U CAxgPP r (L w tl�� 1 m /!!y 1 1 .•=.I ! i n1. r 1 i JAMES D. HOLLAND at ux VOL, 558, PG, 632 O.P.R.C.C.T 1 GRANDERSON STARK SURVEY MICHAEL JAKE HENDRICKS, TRUSTEE EVELYN McLAIN HENDRICKS TRUST DOCUMENT NUMBER 94-0078357 Nolesr O.P.R.C.C.T. Legal description to accompany tNs survey sketch BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR fN 6,962JI2,9020,E 2,91I,057.5050 GRtDI AND COBS STATION TXDA fN 6,978,860A906.E 2,529,861.8823 GRIOJ, N.AD, 83,WHICH IS NORTH Bf 58' 33` EAST• TEXAS PLANE COORDINATE SYSTEANORTH CENTRAL ZONE f92024 ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TD GRID BY ONlD1NG BY TXDOT CONVERSION FACTOR I,0001527/0. Page 3 of 3 LEGEND � "Monument found "os noted' Q • 5/g' Iron rat w/ plostic cap stamped "Donnenbaum Engineering' POC . Place Of Commencing POB . Place Of Beginning k' . Property Line 5L • Survey Line ti " Fee Hook O.R,R.C.C.T. - Official Public Records, Collin County, Texas ... ........................... ABSTRACT No.798 A�IICIIAI;L DAN DAMS � o 483£3 4 ��l r H: s s fl �4 >\ V 1 AS 150 0 50 100 SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 79t3, Colin County, Texas Owner: Michael Jake Hendricks, Trustee Evelyn McLain Hendricks Trust 2,025 Square feet or 0,047 acres ENGINEERING CO. - FT. WORTH> LLC T.B.P.L.S. REG. NUMBER 101188-02 CAM(' BOWIE BOULEVARDSUITE 400 6421 , FORT WORTH, TEXAS 76116 (817)763-8883 PATRICIA LEE ROPER ANq AMON BURL ROPER VOL. 2094, PG. 741 O.P.R.C.C.T. POO L NN=71 Z I E=2563459.982 i12•CIft JOSEPH FINLEY gOCUMENT NUMBER 95-0087243 O.P.R.C.C.T. a r IpgkH r O 1 -i} CAP i '~T oPT C'r EXIS't•ING-RIGHT I w OF WAY LIT r TxopT CAP�''-- TXOpT � CAP � � _ / _r•:( 1±r- C9 t I c N h: 7x¢a ' Z U U CAxgPP r (L w tl�� 1 m /!!y 1 1 .•=.I ! i n1. r 1 i JAMES D. HOLLAND at ux VOL, 558, PG, 632 O.P.R.C.C.T 1 GRANDERSON STARK SURVEY MICHAEL JAKE HENDRICKS, TRUSTEE EVELYN McLAIN HENDRICKS TRUST DOCUMENT NUMBER 94-0078357 Nolesr O.P.R.C.C.T. Legal description to accompany tNs survey sketch BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR fN 6,962JI2,9020,E 2,91I,057.5050 GRtDI AND COBS STATION TXDA fN 6,978,860A906.E 2,529,861.8823 GRIOJ, N.AD, 83,WHICH IS NORTH Bf 58' 33` EAST• TEXAS PLANE COORDINATE SYSTEANORTH CENTRAL ZONE f92024 ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TD GRID BY ONlD1NG BY TXDOT CONVERSION FACTOR I,0001527/0. Page 3 of 3 LEGEND � "Monument found "os noted' Q • 5/g' Iron rat w/ plostic cap stamped "Donnenbaum Engineering' POC . Place Of Commencing POB . Place Of Beginning k' . Property Line 5L • Survey Line ti " Fee Hook O.R,R.C.C.T. - Official Public Records, Collin County, Texas ... ........................... ABSTRACT No.798 A�IICIIAI;L DAN DAMS � o 483£3 4 ��l r H: s s fl �4 >\ V 1 AS 150 0 50 100 SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 79t3, Colin County, Texas Owner: Michael Jake Hendricks, Trustee Evelyn McLain Hendricks Trust 2,025 Square feet or 0,047 acres ENGINEERING CO. - FT. WORTH> LLC T.B.P.L.S. REG. NUMBER 101188-02 CAM(' BOWIE BOULEVARDSUITE 400 6421 , FORT WORTH, TEXAS 76116 (817)763-8883 County: C011111 Highway: FM 455 City of Anna EXHIBIT t Description for Wastewater Easement Page 1 of 3 April 10, 2012 BEING 1,496 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 0.325 acre tract of land described in a deed to Joseph Finley and wife, Barbara V. Finley (Finley tract), as recorded in Document Number 95-0087243 of the Official Public Records of Collin County Texas; said 1,496 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 1/2-inch iron rod with cap for the Southwest coiner of said Finley tract, same beizig the Southeast corner of that certain tract of land described in a deed to Patricia Lee Roper and Amon Burl Roper (Roper tract), as recorded in Volume 2094, Page 741 of the Official Public Records of Collin County Texas; THENCE North 04° 29' 27" East with the common Line between said Finley tract and said Roper tract, a distance of 127.06 feet to a 5/8411ch iron rod with plastic cap stamped "Damlenbaum Engincering" set for the PLACE OF BEGINNING, 1) THENCE Nos•th 04° 29' 27" East with the common line between said Finley tract and said Roper tract, a distance of 15.04 feet to a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found for the Existing South Right-of-way Line of FM 455 as recorded in Document Number 20120202000126070 of the Official Public Records of Collin County Texas; 2) THENCE South 890 26' 49" East with 'AV 8 4 4ng South Right -of way Luie of FM 455, a distance of 99.77 feet to a 5/8-inch iron rod with alumim�m cap stamped "TxDOT" found for corner, said corner being in a common boundary line between said Finley tract and that certain called 8.19 acre tract of land described in a deed to Michael Jake Hendricks, Trustee, Evelyn McLain Hendricks Trust (Hendricks tract), as recorded in Document Number 94-0078357 of the Official Public Records of Collin County Texas, 3) THENCE South 04° 31' 20" West with the common line between said Finley tract and said Hendricks tract, a distance of 15.04 feet to a 5/8-inch iron rod with plastic cap stamped "Dammenbaum Engineering" set for corner; 4) THENCE North 89° 26' 49" West, crossing said Finley tract with the South line of the herein described easement, a distance of 99.76 feet to the PLACE OF BEGINNING and containing 1,496 square feet (0.034 Acres) of land, more or less. EXHIBIT County: Collin Highway: FM 455 City of Anna Description for Wastewater Easement Notes: Survey plat to accompany this legal description, Page 2 of 3 111012012 Basis of Bearings is a Line between CURS Station TXAR (North 6,962,112,4020 East 25411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861,8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividurg by the TxDOT combined scale factor of 1.000152710. I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Michael Dan Davis qSUR � Registered Professional Land Surveyor No. 4838 Dannenbaum Engineering Company Fort Worth — LLC EL DAN DAVIS T.B.P.L.S. Registration Number 10118M2 4838 1421 Carn Bowie Boulevard Suite 400 Foil Worth Texas 76116 1r � � � Ofce: 817-7634883, Fax, 817-377-2956 `� JOHN BRADLEY V_OL4316, PG. 2211 .. O.P.R.O'.C.T. U 0, 7XDOT CAP TXDOT EXHIBIT .i' HENRY BRANTLEY SURVEY r� STATE Of TEzns Y.3T2, P. 225 S`( ABSTRA(; I No.71 � r 1 ' -�' TtIEFIRSTNATION�41�;�_-, BANK OF VAN ALSTYNE VOL.4949, PG.271 /.-y O.P.R.C.C.T. , . r t „2,f2 FOUN LONNIE & FRANCES MARTIN uz la DOCUMENT NUMBER 96.0095033 OtRKC.C,T. GRADY BOB ROLLINS PATRICIA LEE ROPER AND WIFE AND AMON BURL ROPER FRANCES GAIL ROLLINS VOL. 2094, PG. 741 VOL. 3346, PG, 764 O,P.R.C.C,T. O.P.R.C.C.T, r cS-TEWAT--ER siA�eoF'yo - ASEMENT Doo.02OM202a 126070 l..S E=2663361.27T 0O5EPH FINLEY and wife BARBARA V. FINLEY DOCUMENT NUMBER 95-0087243 O.P.R.C.C.T. rxoor \CAP TXD07 l�\ , TXDOT CAP CAP Iw� m z != N 00 1�U0.0 •m�_U. U 40 os 0 Q) to xo �:rr xjo 1^PIPE JAMES D. HOLLAND et ux VOL. 558, PG. 632 O.P.R.C.C,T GRANDERS4N STARK SURVEY MICHAEL JAICE HENDRICKS, TRUSTEE EVELYN McLAiN HENDRICKS TRUST DOCUMENT NUMBER 94-007II357 Notes: O.P.R.C.C.T. Legot descrlptton to accomp" this survey sketch BASIS OF BEARINGS 15 A LINE BETWEEN COBS STATION TXAR IN 6,9&2JI24020,E 2,9Itp57,5050 GR/Ol AND CORS STATION TXDA fN 6,978,860.0306,E 2,529.86IB823 GR101, t N.AD*836WHICH IS NORTH 8158133-EAST•TEXAS PLANE (/(" COORDINATE SYSTEM,NORTH CENTRAL ZONE (4202). ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND AlAY BE CONVERTED TO GRID BY DNIDING BY TXDOT CONVERSION FACTOR LO001527l0. Page 3 of 3 LEGEND � ^Monument found 'os Haled' Q - e-Iron rod w/ plpstic cop stomped 'Donnenboum Engineoring^ POC ^ Place Of Commencing POS - Place Of Beglnning - Property Line SL . Survey Llne hr = ,Fee Hook OPR.C.C.T. - Offlclol Public Records, Collin County, Texas 4' tP 4 a, hIICIIAEL DAN DAVIS � 4838 a .• �l'lS S S ] o�':4�p�' SUR\ ABSTRACT No.798 0 50 100 i50 SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Joseph Finley and wife Barbara V. Finley 1.496 Square feet or 0.034 acres DANNENBAUM ENGINEERING CO. � FT. WORTH, LLC T.B.P.L.S. REG. NUMBER 1011$8-02 6421 CAMiP B04NE BOULEVARD, SUITE 4O0 FORT WORTH, TEXAS 76116 (817)763-8883 EXHIBIT County: Collin Page I of 3 Highway: FM 455 April 10, 2012 City of Anna Description for Wastewater Easement BEING 1,517 square feet of land, snore or less, in the Granderson Starlc Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain tract of land described in a deed to Patricia Lee Roper and Amon Biel Roper (Roper tract), as recorded in Volume 2094, Page 741 of the Official Public Records of Collin County Texas; said 1,517 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 1/2-inch iron rod in the West line of said Roper Tract, same being the Southeast corner of that certain tract of land described in a deed to Lonnie and Francis Martin (Martin tract), as recorded in Document Number 96-0090533 of the Official Public Records of Collin County Texas; THENCE North 03° 45' 40" East with the coin7non line between said Roper tract and said Martin tract, a distance of 93.78 feet to a 5/8-inch iron rod with plasti Mc cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING; 1) THENCE North 03° 45' 40" East with the common line between said Roper pact and said Martin tract, a distance of 15.02 feet to a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found for the existing South right -of --way line of F.M. 455, as recorded in Document Number 20110907000947120 of the Official Public Records of Collin County Texas; 2} THENCE South 89° 26' 49" East with said Existing South Right -of way line of FM 455, a distance of 101,20 feet #o a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found in the common boundary line between said Roper tract and that certain called 0.325 acre tract of land described in a deed to Joseph Finley (Finley tract), as recorded in Document Number 95-0087243 of the Official Public Records of Collin County Texas; 3) THENCE South 040 29' 27" ViTest with the common line between said Roper Tract and said Finley tract, a distance of I5.04 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 4) THENCE North 89° 26' 49" West, crossing said Roper tract with the South line of the herein described easement, a distance 101.01 feet to the PLACE OF BEGINNING and containing 1,517 square feet (0.035 Acres) of land, more or less. EXHIBIT County: Collin Highway: FM 455 City of Anna Description for Wastewater Easement Notes: Survey plat to accompany this legal description. Page 2 of 3 April 10, 2012 Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. 1, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Michael Dan Davis F Registered Professional Land Surveyor No. 4838 t .. , �° .: Dannenbaum Engineering Company Fort Worth — LLC EL DAN DAVIS T.B.P,L.S. Registration Number 10118M2 4838 5421 Camp Bowie Boulevard, Suite 400, Fort Worth , Texas 76116 Fes S,o? O� Office: 817-7634883, Fax: 817-377�2956 S (j k JOHN BRADLEY VOLP4316, PG, 2211 e � 0 STATE OFTEhiS —EXISTING-RIGHTrI 7XQ0T U EX 1181T t--- HENRY B r, D06f�:► ABA ri t TXDOT • =, lr P Nail _j .._CAP _.. L) WASJEWATE - `- EASEMENT �i— /NO3°45'40"E `� l 0.035_ D07 t6.02' TnP4T _ 10.1.20•— _i _ F 4 - SffV26'49"E POB j.I fit - 1M`!R LONNIE R PRANCES MARTIN DOCUMENT NUMBER 96-0095033 O.P.R.C.C.T. ANTLEY SURVEY RACT o.71 i u r" kiE FIRST NATION L�, i BANK OF VAN ALSTYNt VOLA94% PG,273 / O,P.R.C.C.T, i EXIST — - ------------0171 C s O.P.R.C.C.i. - SO4°29'-27" oE�,3f 1 i JOSEPH FINLEY ---� GRADY BOB ROLLINS PATR1ClA LEE ROPER DOCUMENT NUMBER 95-0087243 rouryQ AND WIFE FRANCES GAIL ROLLINS AND AMON BURL ROPER O,P,R.C.C.T, vz ciR VOL, 3346, PG. 764 VOL. 2094, PG, 741 O,P.R.C.C.T, O.P,R,C,C.T, MICHAEL HENDRICKS, TRUSTEE ORANDERSON STARK SURVEY EVELYN McLAIN HENDRICKS TRUST DOCUMENT NUMBER 079357 ABSTRACT No.798 O.P.R.C.C,T, C,T. Nolese Legaldescrlpilon to accompany !Ms survey sketch. BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR !N 6,962J12,9020,E 2.A1l,057.5050 GRIDJAND CORS STATION TXOA IN 6,978,860.0906,E 2,529,861,8823 GR1DJ, NAD.83,WHICH IS NORTH 8f 58' 33' EAST- TEXAS PLANE COORDINATE SYSTEM,NORTH CENTRAL ZONE (4202). ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE COkVERTEO TO GRiD BY DNlDlNG BY TXDOT CONVERSION FACTOR 1,0001527J0. Page 3 of 3 LEGEND � • Alonumenl found `as Holed' Q - 5/ "lion rod w/ plasllc cop s/amped 'Dannenboum Englneerlag' POC r Place Of Commencing P08 . Place Of Beginning It • Properly Line SL ' Survey Una H . Fee Hook ORR,C,C.T. • Official Public Records, Coll/n County, Texas ILP AIICHAEL DAN DAVIS A 4838 Q ep0 s II01��o I 0 50 100 150 SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Patricia Lee Roper and Amon Burl Roper 1,517 Square feet or 0.035 acres ENGINEERING CO, - FT. WORTH, LLC T.t3.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOW1E BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763�8883 County: Collin Highway: FM 455 City of Anna Description for Wastewater Easement Page 1 of 3 April 10, 2012 BEING 1,349 square feet of land, more or less, in the Granderson Starlc Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain tract of land described in a Release of Lien to Lonnie and Francis Martin (Martin tract), as recorded in Document Number 96-0095033 of the Official Public Records of Collin County Texas; said 1,349 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found I/2-inch iron rod for the Southeast corner of said Martin tract; same being in the West line of that certain tract of land described in a deed to Patricia Lee Roper and Amon Burl Roper (Roper tract), as recorded in Volume 2094, Page 741 of the Official Public Records of Collin County Texas; THENCE North 03° 45' 40" East with the common line between said Martin tract and said Roper tract, a distance of 93.78 feet to a 5/8-inch iron rod with plastic cap stamped "Datulenbaum Engineering" set for the PLACE OF BEGINNING, 1) THENCE North 89° 26' 49" West, crossing said Martin tract with the South line of the herein described easement, a distance of 89.95 to to a 3/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set in the West line of said Martin tract; same being a common boundary line with that certain called 8.19 acre tract of land described in a deed to Michael Jake Hendricks, Trustee, Evelyn McLain Hendricks Trust (Hendricks tract), as recorded in Document Number 94-0078357 of the Official Public Records of Collin County Texas, 2) THENCE North MO AV40" East with the common line between said Martin tract and said Hendricks tract, a distance of 15.02 feet to a S/8-inch iron rod with aluminum cap stamped "TxDOT" found for the Existing South Right -of --way line of FM 455 as recorded in Document Number 20120215000174250 of the Official Public Records of Collin County Texas ; 3} THENCE Soutli 89° 26' 49"East with the Existing South Right -of way line of FM 455, a distance of 89.95 feet to a 5/8-iireh iron rod with aluminum cap stamped "TxDOT" found in the common boundary line between said Martin tract and the aforesaid Roper tract; 4) THENCE South 03° 45' 40" West with the common line between said Marlin tract and said Roper Tract, a distance 15.02 feet to t1�e PLACE OF BEGINNING and eonfaining 1,349 square feet (0.031 Acres) of land, more or less. County: Highway: City of Anna Notes: Collin FM 455 EXHIBIT Description far Wastewater Easement Survey plat to accompany this legal description. Page 2 of 3 April 10, 2012 Basis of Bearings is aline between COBS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. r4li Michael Dan Davis � Registered Professional Land Surveyor No. 4838 Damienbauan Engineering Company Fort Worth — LLC T.B.P.L.S, RegistrationNrunber 101IM02 5421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office: 817-7634883, Fax: 817-377-2956 �E. n fi..TF MICHAEL DAN DAVIS 9 4838.....v Sup. HENRY B IZ�1:P�:1;7_\117��L �� VU�.9371i, F't9, ZL77 9)RR.Cf1G.T. jj! r t C.f O STATE OF TEXAS /CA s TXDDT _ \ CAP YEAS EA _—._S.TATEAF.7EXAS.— OPSI-0O3 U -\— 0,031 TXOOT p jo eN W/o a v0i��~ O W U r2. w.Ua,... LWL J d K 1 F� 0 U M---- �z U W O E OF TEXAS N69°26'49"W •' 11YIR LONNIE &PRANCES MARTIN DOCUMENT NUMBER 96-0095033 O,P.R.C.C.T. ANILE RACT- 7ji' T41E FIRST NATIONr r SANK OF VAN ALSTI' VOL.4949, PG.271 O.P.R.C.C.T. SURVEY 0.71 I ry EXISTING IGM7••, � s�cu�� � r_ti TtCoor t ` / Txoor i CAP" CAP CAP DIM 1 { TREC JJjj N 3d78452,890 �.� -1 yE=25 3262�89�0 OCpSC � ' JOSEPH FINLEY GRADY 608 ROLLINS PATRICA LEE ROPER pOCUMNT NUMBER 95-0087243 FouNo AND WIFE FRANCES GAIL ROLLINS AND AMON BURL ROPER O.P.R.C.C.T, to ciR VOL. 3346, PG. 764 VOL, 2094, PG. 741 O.P.R.C.C,T, O.P,R.C,C.T, MEVE YNMcLAINEH NDIRI<CK, TRUSTEE STRUST GRANDERSON STARK SURVEY DOCUMENT NUMBER 078357 ABSTRACT No.798 O.P.R.C.C,T. C.T. Natess Legal descrlpNon 7o accompany This survey sketch. BASIS OF BEARINGS 1S A LINE BETWEEN CORS STATION TXAR [N S,9&2J124020,E 2,41I,057.5050 GRIDI AND COBS STATION TXDA (N &,978,86R,0906,E 2,529,861.8823 GRlOI, e N,AD.833MICH IS 110RTH 81 58' 332 EAST- TEXAS PLANE i(j COORDINATE SYSTEdt,NORrH CENTRAL ZONE l42024sm ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND 6tAY BE CONVERTED TO GRID BY pN10/NG BY TXDDT CONVERSION FACTOR 1,000152710. Page 3 of 3 LEGEND r - btonument found 'os noted' Q - %"Iron rat w/ plastic cap stamped 'Donnenboum Engineering` POC " Place Of Commencing POB = Place Of Beginning I • Property Line SL ' Survey Line ^4 - Fee Hook O.RR,C.C.T.- Official Public Records, Cottln County, Texas hIICHAEL DAN DAVIS ' 4838Q... 0 0 t ��.Ssss��o �td` 0 50 too 150 - UUP,SCALE IN FEET T In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Lonnie & Frances Martin 1,349 Square feet or 0.031 acres WASTEWATER EASEMEN r Igap� ENGINEERING CO, - FT. WORTH, LLC T.B.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763•-8883 CITY OF ANNA, TEXAS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF 0.005 ACRES OF REAL PROPERTY, MORE OR LESS, FOR A PERMANENT UTILITY EASEMENT; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID PROPERTY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a need to provide utility system improvements to benefit the City of Anna, its citizens and general health, safety and welfare; and WHEREAS, it is necessary to acquire certain easements not now held by the City of Anna for such utility system improvements; and WHEREAS, it is necessary to delegate 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 ("Council") of the City of Anna, Texas ("City") finds that a public necessity exists for acquisition of a permanent utility easement, waterline easement, and/or wastewater line easement comprising 0.005 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, or repair of utilities benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The above -stated 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 § 251.002 and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 Section A. Property to be Acquired 2.01 The necessary permanent utility easement, waterline easement, and/or wastewater line easement sought to be acquired will affect a segment of a tract totaling approximately 0.005 acres of real property (the "Property"), held by one or more owners. Said approximate 0.005 acres of real property is described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The Council finds a public necessity for the public welfare and convenience to acquire the easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines. The Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Property by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Property appraised by a certified appraiser, to send the landowner(s) a copy of 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 final monetary offers in an attempt to acquire the permanent utility easement, waterline easement, and/or wastewater line easement on and under the affected Property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire an easement through the Property 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 Property. The Council hereby authorizes and ratifies any such actions taken thus far. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this day of 2012. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 RIMAMwqWA City Secretary, Natha Wilkinson APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 County: Collin Highway: FM 455 City of Anna EXHIBIT "A" Description for Wastewater Easement Page 1 of 3 April 10, 2012 BEING 218 square feet of land, more or less, in the Granderson Starlc Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 8.4 acre tract of land described in a deed to Harlow Land Company, Ltd. (Harlow tract), as recorded in Volume 4617, Page 2624 of the Official Public Records of Collin County Texas; said 218 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 5/8-inch iron rod with cap in the West line of said Harlow tract, same being the Southeast corner of Lot 2, Block A, Westfield Addition, Block A, Lots 1 & 2, according to the plat thereof recorded in Cabinet 2006, Page 12 of the Plat Records of Collin County Texas; THENCE North 00° 2S' S6" West with the common line between said Harlow tract and said Lot 2, a distance of 175.69 feet to a 5/8-111ch iron rod with aluminum cap stamped "TxDOT" found in the fixture South RigWof�way line of FM 455; THENCE South 89° 26' 49" East, crossing said Harlow tract with the future South Right�of--way line of FM 455, a distance 299.76 feet to a 5/8-inch iron rod with plastic cap stamped "Darnrenbaum Engineering" set for the PLACE OF BEGINNING; 1) THENCE South 89° 26' 49" East, continuing across said Harlow tract with the future South Right -off way line of FM 455, a distance 13.81 feet to the West line of an existing Sanitary Sewer Easement, as recorded in Document Number 20080418000466610 of the Official Public Records of Collin County Texas; 2) THENCE Soutlr 020 20' 26" East, continuing across said Harlow tract with West line of said Sanitary Sewer Easement, a distance of 15.34 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corners 3) THENCE North 89° 40' 06" Vijest, continuing across said Harlow tract with the South line of the herein described easement, a distance of 14.53 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 4} THENCE North 00° 19' 54" East, continuing across said Harlow pact with the West line of the herein described easement, a distance of 15.38 feet to the PLACE OF BEGINNING and containing 218 square feet (0.005 Acres) of land, more or less. County: Highway: City of Anna Notes: Collin FM 455 EXHIBIT "A" Continued Description for Wastewater Easement Survey plat to accompany this legal description. Page 2 of 3 April 10, 2012 Basis of Bearings is a line between COBS Station TXAR {North 6,9b2,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and nr ay be converted to grid by dividing by the TXDOT combined scale factor of 1.0001527101 I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervisionl rvircnaer uan lJavrs Registered Professional Land Surveyor No. 4838 Dannenbaum Engineering Company Fort Worth — LLC T.B.P.L.S, Registration Number 1011M02 5421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office: 817-76M883, Fax: 817-377-2956 `�P,Gisr�RFowl MICHAEL DAN DAVIS 4838.....v:... tia S U R �ESSiO.�o JOHN C. FARRIS SURVEYXHIBIT ,p. ABSTRACT No.331 z v I I I rr - I, g � 0 1~ f - SASM Invest jents LLC J\aj F C> U . ( DOCUMENT`NIUMBER, r�� 1 1 W z V� K 0 2008062600�776 00 IS I f `d JN�O z t, wo o cGON �\ TXDOT - ,� ->, --T •-- -- FM 455 �( EXISTING RIGHT -� OF WAY LINE,. —FUTURE-RIGHT WAS2f ATE s7EASE �`NT l �= OF WAY LINE 218 SF - . OvOO5 AC \ •- —POB- __ ---1 Fit,OT Sa9.26'49°E 299,76' P PROP EASE N� N INE SEE DENO HARLOW LAND COMF VOL4617I PG.2 O.P.R.C.C.T, SANIT�I LOT 2 Do WESTFIELD ADDITION - "a BLOCK A, LOTS 1 & 2 CAB. 2006, PG. 12 P.R.C.C,T. rourro 518"CIR L ,7 Yc f:S HENRY BRANLEY SURVEY ABSTRACT No.71 I r EXISTING JOHN BRAD_ EYE " WATER LINE E VQ }4PG. 1 316, P(§22. 1 VOUA58& 9.P.R.C.C.T. rf1CCG m ' CAP ! W.16S f IHf.1:S o j;c Tf.j 1 f trus I 1 cn lTim CAP OlW N zxU F' d w:d U Q �. ry a co nln t OEIGE IItCE5 ALES RONALD R. FERGUSON and wife, VICKI L. FERGUSON DOCUMENT NUMBER 94-0012614 O.P.R.C.C.T. GRANDERSC7N STARK SURVEY ABSTRACT No.798 Molest Legol descrlpflon to occompony INs survey sketch, BASIS OF BEARINGS IS A UNE BETWEEN COBS STATION TXAR ��1le?OF ET�� (N 6352J12A020,E 2,4I1,057,5050 GRID)AND CORS ���' 9� STATION TXDA (N 6,978,860.0906,E 2,529461.8823 GRID), *: 4 N✓1D.83,WHICH 1S NORTH 8P 58' 33'EAST- TEXAS PLANE • • • COORDINATE SYSTEM,NORTH CENTRAL ZONE (4202). MICHAEL DAN DAVIS .............................. ALL DISTANCES AND COORDINATES 4 638 SHOWN ARE SURFACE AND MAY BE CONVETXDOTRCONVERSIONTED TO 11FACTORBY 101N152710, rjliJ � Cs s 5 °?�4� BURN$ Page 3 of 3 LEGEND � - dlonument found 'os noted' Q ^ 5/"iron rod w/ plosllc cop stompsd "Donnenboum Englneering" POC Place Or Commencing POB - Place Of Beglnning It - Properly Llne SL . Survey Llne r�1 • Fee Hook O.RR.C.C.T."OfflclolPublic Records, Collin County, Texas DETAIL N.T.S. 13.61' S89`26'49"E M N r fJ � 4 N rn PRQP EASEMENT LINE j �` SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Harlow Land Company, LTD 218 Square feet or 0.005 acres ENGINEERING CO. - FT. WORTH, LLC T.B.F'.L.S. REG. NUMBER 101188-02 6421 CAMP 80WlE 80ULEVARD, SUITE 4O0 FORT WORTH, TEXAS 76116 (817)763-8883 CITY OF ANNA, TEXAS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF 0.097 ACRES OF REAL PROPERTY, MORE OR LESS, FOR A PERMANENT UTILITY EASEMENT, AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID PROPERTY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a need to provide utility system improvements to benefit the City of Anna, its citizens and general health, safety and welfare; and WHEREAS, it is necessary to acquire certain easements not now held by the City of Anna for such utility system improvements; and WHEREAS, it is necessary to delegate 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 ("Council") of the City of Anna, Texas ("City") finds that a public necessity exists for acquisition of one or more permanent utility easements, waterline easements, and/or wastewater line easements comprising 0.097 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, or repair of utilities benefiting the public health, safety and welfare, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The above -stated 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 § 251.002 and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 Section 2. Property to be Acquired 2.01 The necessary permanent utility easements, waterline easements, and/or wastewater line easements sought to be acquired will affect segments of tracts totaling approximately 0.097 acres of real property (collectively, the "Property"), held by multiple owners. Said approximate 0.097 acres of real property are generally aligned and are described in Exhibit A, Exhibit B, Exhibit C, and Exhibit D, each of which are attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The Council finds a public necessity for the public welfare and convenience to acquire the easements identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines. The Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Property by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Property appraised by a certified appraiser, to send the landowner(s) a copy of 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 final monetary offers in an attempt to acquire the permanent utility easements, waterline easements, and/or wastewater line easements on and under the affected Property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire an easement through the Property 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 Property. The Council hereby authorizes and ratifies any such actions taken thus far. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this day of 2012. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 ATTESTED: City Secretary, Natha Wilkinson APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 County: Highway: City of Alma Collin FM 455 EXHIBIT "A" Description for Wastewater Easement Page 1 of 3 April 10, 2012 BEING 1,Q05 square feet of land, more or less, in the Henry Brantley Survey, Abstract Number 71, City of Anna, Collin County, Texas, and being part of that certain called 1.150 acre tract of land described in a deed to The First National Bank of Van Alstyne (Bank tract), as recorded in Volume 4949, Pg. 273 of the Official Public Records of Collin County Texas; said 1,005 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 1/2-inch iron rod for the Northerly Northwest copier of said Bank tract and a re-entrant corner of that certain called 4.40 acre tract of land described in a deed to John Bradley (Bradley tract), as recorded in Volume 4316, Page 2211 of the Official Public Records of Collin County Texas; THENCE South 41 ° 22' S5" West with the common line between said Baitl� tract and said Bradley tract, a distance of 62,07 feet to an angle point; THENCE South 24° 15' 12" West with common line between said Bank tract and said Bradley tract, a distance of 101.04 feet to a PK Nail found for the future North right-of-way line of F.M. 455; THENCE South 89° 26' 49" East with the future North right-ofway line of F.M. 4SS, a distance of 140.73 feet to a5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING; said PLACE OF BEGINNING being in the East line of an existing Sanitary Sewer Easement, as recorded in Volume 4333, Page 2020 of the Official Public Records of Collin County Texas; 1) THENCE Noz•ill 290 35' 25" East, crossing said Bazllc tract with the East line of said existing Sanitary Sewer Easement, a distance of 15.44 feet to a 5/$-11A irorl zod with. plastic cap stamped "Dannenbaum Engineering" set for coiner; 2} THENCE South $9° 26' 49" East, continuing across said Bank tract with the North line of the herein described easement, a distance of 70.68 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 3) THENCE South 001 33' 11" West, continuing across said Balllc tract with the East line of the herein described easement, a distance of 13.50 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum. Engineering" set in the future North right -of way line of F.M. 455; County: Collin Highway: FM 455 City of Anna EXHIBIT "A" CONTINUED Description for Wastewater Easement Page 2 of 3 April 10, 2012 4) THENCE Nortlx 89° 26' 49" West with the future North Riglit-of--way line of FM 455, a distance of 78.18 feet to the PLACE OF BEGINNING and containing 1,005 square feet (0.023 Acres) of land, more or less. Notes: Survey plat to accompany this legal description. Basis of Bearings is a line between CORS Station TXAR {North 6,962,112.4020 East 234115057,5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Michael llan llavis Registered Professional Land Surveyor No, 4838 Dannenbaum Engineering Company Fort Worth -- LLC T.B.P.L.S. Registration Number 101188-02 6421 Camp Bowie Boulevard, Suite 400, Foil Worth, Texas 76116 Office: 817-7634883, Fax: 817-377-2956 SOFT ° MICHAEL DAN DAVIS we 483g....P::.... vtiOoF�S S,O�yO� SCR\Q JOHN BRADLEY VOL.4316, PG. 2211 --.. O.P.R.dI}.C.T. ' n / 0 TXDOT r:> 7X00T 1.C. P ghat SANITARY SEWER EXHIBIT EASEMENT VOLA333, PG.2020 O.P.R.C.C.T. / N / VOL,4949, G.273 O.P.R4 C. / s026'494E 140JT !/ FUTURE RIGHT - OF -WAY -LINE/ - - _ TXDQT_.J [CAP ! LONNIE &PRANCES MARTIN DOCUMENT NUMBER 94-0095033 O.P.R.C.C.T, GRADY BOB ROLLINS AND WIFE FRANCES GAIL ROLLINS VOL. 3346, PG, 764 O.P.R.C.C.T. POB PRO�EASEMENl SEE DETAIL ASTEWATEP - -- SEMENT - - 0.023 AC I — .._TXOOT C PATRIGIA LEE ROPER AND AMON BURL ROPER VOL. 2094, PG, 741 O.P.R.C.C.T. OfaSE HENRY BRANLEY SURVEY ABSTRACT No.71 pETAIL N.T.S. PROP EASEMENT LINE rl SI83°26'49°E 70.68' T8.18' r,f CAP T (_; TT,'DOT _CAP ._. _. WAY LINE j '. / TXtrOT CAP rK:ns . j tzit m ur M r(: 4 ti TXOOT ---� CAP 0.76' JOSEPH FINLEY JAMES D. HOLLAND ei ux DOCUMENT NUMBER 95.00B7243 VOL. 558, PG. 632 O.P.R.C.C.T. O.P.R.C.C.T GRANDERSQN STARK SURVEY MICHAEL JAKE HENDRICKS, TRUSTEE EVELYN McLAtN HENDRICKS TRUST DOCUMENT NUMBER 94-0078357 Notes: O.P.R.C.C.T. Lego! descr/plion to accompony His survey sketch BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR (N 6,962,/I2.4020,E 2,4!l,05Y.5050 GRlDJAND COBS STATION TXDA IN 6,978,860,0906,E 2,529,861.8823 GR1D1, N.AD.83,WHICH IS NORTH 8P 58' 33^ EAST- TEXAS PLANE COORDINATE SYSTEAI,NORTH CENTRAL ZONE t4202J, ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DNlDING BY TXDOT CONVERSION FACTOR 1,0001527l0. Doge 3 of 3 LEGEND +� - Monumont found 'os noted' Q r % ^Iron rod vr/ plostic cop stamped 'Dannenbaum Engineering' POC Place Of Commencing POB - Place Of Beglnning t - Property Line SL ' Survey One ti • Fee Hook O.RR.C.CRT* - Official Public Records, CollIn County, Texas . . O ........................... 1tiIICHAEL DAN DAVIS .............................. 91 48311 P ABSTRACT No.798 t�' 0 50 100 150 �� SCALE IN FEET WASTEWATER EASEMENT In the HENRY BRANTLEY SURVEY Abstract No. 71, Catlin Gounty, Texas Owner: The First National Bank of Van Alstyne 1,005 Square feet or 0.023 acres ENGINEERING CO. - FT. WORTH, LLC T.B.P.L.S. REG, NUMBER 101188-02 642i CAMP 80WIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763-8883 EXHIBIT County: Collin Page I of 3 Highway: FM 455 April 10, 2012 City of Anna Description for Waterline Easement BEING 464 square feet of land, more or less, in the Henry Brantley Survey, Abshact Number 71, City of Anna, Collin County, Texas, and being part of that certain called 1.150 acre tract of land described in a deed to The First National Batik of Van Alstyne (Bank tract), as recorded in Volume 4949, Pg. 273 of the Official Public Records of Collin Comity Texas; said 464 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found U2-inch iron rod far the Northerly Northwest corner of said Bank tract and a re-entrant corner of that certain called 4.40 acre tract of land described in a deed to John Bradley (Bradley tract), as recorded in Volume 4316, Page 2211 of the Official Public Records of Collin County Texas; THENCE South 41 ° 22' 55" West with the common line between said Bank tract and said Bradley tract, a distance of 62.07 feet to an angle point; THENCE South 24° 15' 12" West with common line between said Bank tract and said Bradley tract, a distance of 90.12 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING; 1) THENCE Sou#h $9° 26' 49" East, crossing said Bai�l� tract with the North line of the herein described easement, a distance of 44.20 feet to a 5/8�inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner, 2) THENCE South 000 33' ll" West, continuing across said Banlc tract with the East line of the herein described easement, a distance of 10.00 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set in the future North right-of-way line of F.M. 455; 3) THENCE North 89° 26' 49" West with the future North Right -of --way line of FM 455, a distance of 48.59 feet to a PK Nail found in the aforesaid common Line between said Bank tract and said Bradley tact; 4) THENCE North 240 15' 12" East with the common line between said Banlc tract and said Bradley tract, a distance of 10.92 feet to the PLACE OF BEGINNING and containing 464 square feet (0.011 Acres) of land, more or less. EXHIBIT CONTINUED County: Collin Page 2 of 3 Highway: FM 455 April 10, 2012 City of Anna Notes: Survey plat to accompany this legal description. Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202), All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. l2 Michael Dan Davis � ' Registered Professional Land Surveyor No. 4838 Dannenbaum Engineering Company Fort Worth - LLC T.B.P.L.S. Registration Number 101188-02 6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office: 817-763-8883, Fax: 817-377-2956 MICIIAEL DAN DAVIS 4838 .....v ; .. . P �'ryZ� Ftd s S t 3 su��. °15'12"E PK Natl DETAIL N.T.S. 41.2or EXHIBIT ROP EASEMENT LINE HENRY B �tAN TL Y SURVEY S00033111r'W 10,0W AB .I TRACTI No.71 J (^��o^ t I / / PG. x211• G.T. OP,ICC.C.T. CAP .�'-'- .` `.' STATE OF TEXAS CVIQIr_1r1-1TNRF-RI(_'41T '� O TIA Pp.c.aT. `- OF WAY LINE MOT 4r;1rCAP [i � iBfLS f I f N I � Inn (- �wmU LL X J ai O_ DEllSC 1t O ntccs `1 z � O O � O 0 yAlVt IPRY iSkwtR `:J� i ✓EASEMENT ( r OL.4333, rGo202O O.P.R.00.C.T. / ?ROP EASEMEN/Tr/L) ._-.. SEE DETAIL 1( WATERLINE \EASEMENT —'�-464-"SF ` 0.0 L1 AC — .... DIT Ank �Ifl ES {:i= -J F.. l i' 1 LONNIE &PRANCES MARTIN QOCUMENT NUMBER 94-0095033 O.P.R.C.C.T. THE FIRST NATtONAt BANK OF VAN ALSTYNE O.P OE11$E F--OF 1 ' JOSEPH FINLEY GRADY BOB ROLLINS PATRICIA LEE ROPER pOGUMENT NUMBER 95-0087243 FOUND AND WIFE FRANCES GAIL ROLLINS AND AMON BURL ROPER O.P.R.C.C.T. i/z-cilt VOL. 3346, PG. 764 VOL. 2094, PG. 741 O.P.R.C.C.T. O.P.R.C.C.T. MICHAELEVELYN MAKE N HENDC C TRUSTEE G RA N D E RS Q N STARK SURVEY EVELYN McLAIN HENDRICKS TRUST DOCUMENT NUMBER 078357 ABSTRACT No.798 O.P.R.G.CtT, C.T. Notes: Legal descrlptlon to occompany tNs survey sketch. BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR fN S,9S2✓129020,E 2,911,057.5050 GR101 AND COBS STATION TXDA IN 6,978.860A90S.E 2.529.86L8823 GRJDJ, N.A11.83, WHICH IS NORTH 8r 58' 33' EAST- TEXAS PLANE Iwo COORDINATE SYSTEM,NORTH CENTRAL ZONE f9202J,Ilk ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRlO BY ONfD1NG BY TXIXJT CONVERSION FACTOR 1,000l527J0. Page 3 of 3 LEGEND � -Monument found 'as noted' Q - 5/ `Iron rod w/ plastic cap stamped `Donnenbaum Engtneering' POC � Place Of Commencing POB - Place Of Beglaning ff. - Property One SL ° Survey Une >\I ° Fee Hook ORR.C.C.T. - Offtclat Public Records, Collin County, Texas hIICIIACL DAN DAVIS ;. ..,4838...v.:. , 9�,! Fs S i fI� 0 50 100 150 S UR��' }'` SCALE IN FEET In the HENRY BRANTLEY SURVEY Abstract No. 71, Collin Counfy, Texas Owner: The First National Bank of Van Alstyne 464 Square feet or 0.011 acres WATERLINE EASEMENT E:NGINEERINC CO, - FT. WORTH, LLC T.B.P. L.S. REG. NUMBER 101188-02 642t CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763-8883 Pp.c.aT. `- OF WAY LINE MOT 4r;1rCAP [i � iBfLS f I f N I � Inn (- �wmU LL X J ai O_ DEllSC 1t O ntccs `1 z � O O � O 0 yAlVt IPRY iSkwtR `:J� i ✓EASEMENT ( r OL.4333, rGo202O O.P.R.00.C.T. / ?ROP EASEMEN/Tr/L) ._-.. SEE DETAIL 1( WATERLINE \EASEMENT —'�-464-"SF ` 0.0 L1 AC — .... DIT Ank �Ifl ES {:i= -J F.. l i' 1 LONNIE &PRANCES MARTIN QOCUMENT NUMBER 94-0095033 O.P.R.C.C.T. THE FIRST NATtONAt BANK OF VAN ALSTYNE O.P OE11$E F--OF 1 ' JOSEPH FINLEY GRADY BOB ROLLINS PATRICIA LEE ROPER pOGUMENT NUMBER 95-0087243 FOUND AND WIFE FRANCES GAIL ROLLINS AND AMON BURL ROPER O.P.R.C.C.T. i/z-cilt VOL. 3346, PG. 764 VOL. 2094, PG. 741 O.P.R.C.C.T. O.P.R.C.C.T. MICHAELEVELYN MAKE N HENDC C TRUSTEE G RA N D E RS Q N STARK SURVEY EVELYN McLAIN HENDRICKS TRUST DOCUMENT NUMBER 078357 ABSTRACT No.798 O.P.R.G.CtT, C.T. Notes: Legal descrlptlon to occompany tNs survey sketch. BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR fN S,9S2✓129020,E 2,911,057.5050 GR101 AND COBS STATION TXDA IN 6,978.860A90S.E 2.529.86L8823 GRJDJ, N.A11.83, WHICH IS NORTH 8r 58' 33' EAST- TEXAS PLANE Iwo COORDINATE SYSTEM,NORTH CENTRAL ZONE f9202J,Ilk ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRlO BY ONfD1NG BY TXIXJT CONVERSION FACTOR 1,000l527J0. Page 3 of 3 LEGEND � -Monument found 'as noted' Q - 5/ `Iron rod w/ plastic cap stamped `Donnenbaum Engtneering' POC � Place Of Commencing POB - Place Of Beglaning ff. - Property One SL ° Survey Une >\I ° Fee Hook ORR.C.C.T. - Offtclat Public Records, Collin County, Texas hIICIIACL DAN DAVIS ;. ..,4838...v.:. , 9�,! Fs S i fI� 0 50 100 150 S UR��' }'` SCALE IN FEET In the HENRY BRANTLEY SURVEY Abstract No. 71, Collin Counfy, Texas Owner: The First National Bank of Van Alstyne 464 Square feet or 0.011 acres WATERLINE EASEMENT E:NGINEERINC CO, - FT. WORTH, LLC T.B.P. L.S. REG. NUMBER 101188-02 642t CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763-8883 County: Collin Highway: FM 455 City of Anna EXHIBIT Description for Waterline Easement Page 1 of 3 Apr7110, 2012 BEING 1,96$ square feet of land, more or less, in the John C. Farris Survey, Abstract Number 3315 and the Henry Brantley Survey, Abstract Number 71, City of Anna, Collin County, Texas, and being part of that certain called 4.40 acre tract of land described in a deed to John Bradley {Bradley tract), as recorded in Vohnne 4316, Page 2211 of the Official Public Records of Collin County Texas; said 1,968 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with cap found for the Northwest coi7ier of that certain called 1.159 acre tract of land described in a deed to SASM Investments, LLC (SASM tract), as recorded in Document Number 2008062000776200 of the Official Public Records of Collin County Texas; same being in the North line of Lot 1, Block G, Willow Creek Phase 1B, according to the plat thereof recorded in Cabinet P, Page 27 of the Plat Records of Collin County, Texas; THENCE South 00° 46' 17" West with the West line of said SASM tract, a distance of 171.01 Feet to a 5/84nch iron rod with aluminum cap stamped "TXDOT" found for the future North Right -of --way line of FM 455; THENCE South 89° 26' 49" East with fitture North Right -of --way line of FM 455, a distance of 258.11 feet to a 5/8-inch iron rod with aluminum cap stamped "TXDOT" found in the East line of said SASM tract, same being the East line of said Lot 1, same also being the West line of said Bradley tract; THENCE North 00° OS' OG"East, departing said future North Right -of way line of FM 455 with the common line between said SASM tract and said Bradley tract, a distance of 5.50 feet to a 5/84nch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING; 1) North 00° OS' 06" East with the common line between said SASM tract and said Bradley tract, a distance of 15.00 feet to a 5/8-inch iron rod with plastic cap stamped "Daimenbaum Engineering" set for corner; 2) THENCE South 89° 26' 49" East, crossing said Bradley tract with the North line of the herein described easement, a distance of 155.48 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set in the North line of an existing 20 foot Waterline Easement, as recorded in Volume 4588, Page 1457 of the Official Public Records of Collin County Texas; County: Highway: City of Anna Collin FM 455 EXHIBIT Continued Description for Waterline Easement Page 2 of 3 Apr$110, 2012 3} THENCE South 73° 19' 57" West continuing across said Bradley tract with the North line of said existing Waterline Easement, a distance of 49.41 feet to beginning of a curve to the right, whose long chord bears South 73° 28' 39" West, a distance of 1.27 feet; 4) THENCE Southwesterly continuing across said Bradley tract with the North line of said existing Waterline Easement, curving to the right, having a radius of 248.13 feet, through a central angle of 00° 17' 32" for an are distance of 1.27 feet to a 5/8-111ch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 5) THENCE North 89° 26' 49" West, continuing across said Bradley tract with the South line of the herein described easement, a distance of 106.95 to the PLACE OF BEGINNING and containing 1,968 square feet (0.045 Acres) of land, more or less. Notes; Survey plat to accompany this legal description. Basis of Bearings is aline between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) arr<i TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East _ Texas State Plane, North Central Zone (4202). A11 coordinates shown are surface unless otherwise noted and may be converted to grid Uy dividing by the TxDOT combined scale factor of 1.000152710. I, Michael an Davis, a Registered Professional Land Surveyor in the State of Texas, HereUy certify that the land description and plat represent an actual survey made on the ground under my supervision, OF rvircnaer r.�an liavrs Registered Professional Land Surveyor No. 4838 Darmenbaurn Engineering Company Fort Worth — LLC T.B.P.L.S. Registration Number 101188-02 5421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Officc: 817-76M883, Fax: 817P-377,2956 MICHAEL DAN DAVIS p 4838 ... O P• y2FP S k toy O� S�R%JE JOHN C. FARRIS SURVEY EXHIBIT ABSTRACT No.331 FOUN U 5f6'CIR N=7176864.B29 1 1 I Z =.2662496.998 Poo z m ! _i LOT 1; BL-OCK G j jr DRAINAGE & I o WILLOCREEkIPHASE16 I jjt UTILITY z o O _F -- CAB. P, PG: 27 1 EASEMENT F o U o P.R.C.C, �/ `t+i DENSE f Z r ' TREES , <ti SASH Inv at let -It LLC 1 O o U v �DOC' MENT [IEJ BER I I o I/ 2008062�60da7 6200 .} (0a " — 0 0 P.R.C.C.T. FUTURE R16HT <t I OF WAY LINE } 1----�-� -- _..._-- ' _. _. POB C I - S89 26 49 E 268.19' - _ 1 _ ---- CAP r) �AP STATE 6F IEKAS V.a72,P.186 EXISTING RIGHT 1 OF WAY LINE �l FM 455 FUTURE RfC,' T r OF"WAY'LINE— —'_i?.=-=_--��s;.��ie-- E— MOT - CAP HARLOW LAND COfM PAN,Y, LTD I t� VOL.4617, PG.2624 1 I{ O.P,R.C(C.T.� I 1 GRANDERS s N STARK. U {Ej , • I ABST-RA_CT N .-798-i ^ t N00°05'0 15.00' i Notes: Lego! descrlptlon io accompony 1Ms survey sketch. HENRY BRANLEY SURVEY ABSTRACT No.71 1 i> _ c, EXISTING JOHN BRAD EY q WATI=R LINE ESMT V� !r31fi VO'4588; PG. 1457 r. �.P,R.Q.C.T. dETAIL • •. - V.812, P.7t5 R LINE E- ----.. _.....— ---- - --- - 0 P.R.CR.T. S MIENT'j T04 -AC - .. I 1 PO7 CAP CA P DOCUMENT NUMBER 940 12614 O.P.R.C.C.T. 6ErlsE ! I nets GRADY O ROLLINS j A b4 IFE FRANCES GAIL ROLLINS VOL. 3346, PG, 764 O.P.R.C.C.T, QEl'AIL N.T.S. S89°26'49"E 155.48' OF 1 N89°26'99"W 106.95 , 1 BASIS OF BEARINGS !S A TINE BE7}YEEN COBS STATION TXAR fN 6,962JI2.4020,E 2.9II,057,5050 GR101AND CORS STATION TXDA fN 6,978,860.0906,E 2,529,86L8823 GR1D1, N.AD.83,WHICH IS NORTH 81' 133'EAST-TEXAS PLANE COORDINATE SYSTEM,NORTH CENTRAL ZONE 142021, ALL DISTANCES AND COORDINATES SHONN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY TXDOT CONVERSION FACTOR 1,000152710. Page 3 of 3 LEGEND +♦ -Monument found 'os noted' Q • %' /ton rod w/ plosile cop stamped 'Donnenboum Englneertng' POC } Place Of Commencing P08 ° Place Of Beginning R . Property Line SL ' Survey Llne ti ° fee Hook ORR.C.C.T,- Offlclat Publlc Records, Col/In County, Texas �4'''c� � s c �'n'•�9 'LP*:4 I. RIICHAI L DAN DAVIS Id A 4838 v: r/l40 .sSS�> �'UR % ROP EASEMENT LINE S�3A�1 A� � t � EXISTWG ESMT LENE FUTURE RIGHT OF WAY LINE CH = S73°28'39"W CH = 1.2T R = 248.13' © =00°17'32"RT. 0 50 100 150 l4 SCALE IN FEET WATER LINE EASEMENT In the JOHN C. FARRIS SURVEY Abstract No. 331 and the HENRY BRANTLE SURVEY Abstract No. 71, Collin County, Texas Owner: John Bradley 1,968 Square feet or 0.045 acres DANNENBAUM ENGINEERING CO. - FT. WORTH, LLC T,B.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE 80ULEVARDI SUITE 4O0 FORT WORTH, TEXAS 76116 (817)763-•8883 County: Highway: City of Anna Collin FM 455 EXHIBIT jo Description for Waterline Easement Page 1 of 3 April 10, 2012 BEING 764 square feet of land, more or less, in the John C. Fanzis Survey, Abstract Number 331, City of Amia, Collin County, Texas, and being vart of Lot 1, Block G, Willow Creek Phase IB, according to the plat thereof recorded in Cabinet P. Page 27 of the Plat Records of Collin County Texas; and being part of that certain called 1.159 acre tract of land out of said Lot 1 described in a deed to SASM Investments, LLC, as recorded in Document Number 20080626000776200 of the Official Public Records of Collin County Texas; said 764 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 5/8-inch iron rod with cap for tlne Northwest corner of said 1.159 acre tract, and the Northeast corner of the remaining portion of said Lot 1, described in a deed to Arumsol Investments Inc., as recorded in Document Number 20080124000095200 of tine Official Public Records of Collin County Texas, THENCE South 00° 46' 17" West with tine common line between said SASM and Arumsol tracts, a distance of 163.55 feet to the North line of an existing fifteen foot Utility Easement, according to the plat thereof recorded in Cabinet P, Page 27 of the Plat Records of Collin County Texas; THENCE South 88° 42' OG" East with the North line of said existing fifteen foot Utility Easement, a distance of 125.29 feet to a 5/84nch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING; 1) THENCE Nortli 45° el 1) 10" East, crossing said Lot 1 with the West line of the herein described easement, a distance of 20.74 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 2) THENCE South 89° 26' 49" East, continuing across said Lot 1 with the North line of the herein described easement, a distance of 43.32 feet to a S/8-inch iron rod with plastic cap stamped "Damienbautn Engineering" set in the West line of an existing fifteen foot Utility Easement, according to the plat thereof recorded in Cabinet P, Page 27 of the Plat Records of Collin County Texas; 3) THENCE South 00° 47' 40" West, continuing across said Lot 1 with West line of said existing fifteen foot Utility Easement, a distance of 15.42 feet to the North line of the aforesaid existing fifteen foot Utility Easement; 4) THENCE North 8$° 42' 06" West, continuing across said Lot 1 with North line of said existing fifteen foot Utility Easement, a distance of 57.92 feet to the PLACE OF BEGINNING and containing 764 square feet (0.018 Acres) of land, more or less. EXHIBIT P.. Continued County: Collin Highway: FM 455 City of Anna Description for Waterline Easement Notes: Survey plat to accompany this Legal description. Page 2 of 3 April 10, 2012 Basis of Bearings is a line between CORS Station TXAR (North 6,962,I12.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,52%861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East - Texas State Plane, North Central Zone (4202), All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Michael llan llavis Registered Professional Land Surveyor No. 4838 Dannenbaum Engineering Company Fort Worth — LLC T.B.P.L.S. Registration Number 101188-02 6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office: 817-763-8883, Fax: 817-377-2956 o fi MICHAEL DAN DAVIS .....v': .. p 4833 Q- 9tiQO�FsSI?. SURN� JOHN C. FARRIS SURVEY EXHIBIT ABSTRACT No.331 1 FOUNP (3 518'C111 POC I 1 I jW7178859.829 uj o U) E=2562498.998 F ur 1 H z aQ, I-TLOC(j,G _ DRAINAGE & UTILITYo YVILLOWCREEKPHIASEIB ttao CAB. PPG. 7 EASEMENT T to P.R.C.C.T.] -SAISM Investment_s_LL O G �i EOCUM6NT NUIvj.��R )�. EXIST O ! .—_ . 20080616000�7-78200 t' I 15, UE ' / O.P.R.C,C.T. m CAB. P. POD_ � PG 27� i_ 125.29'' txPOYE ��-- CAP fxOOr - — S E D T r E i; TIN RIGHT CAP EXIST ! I f' i 1 OF WAY LINE 15` UE J)) WASTE L)NE -_� �,_ CAB,P,PG27; EASEIJIENT NARLOW LAND COMPANY; L VOL.45171 PG.2624 O.P.R.C.C.T. S { I iREll'. GRANDERSON STARK SURVEY ABSTRACT No.798 Nolen: Lega/descripJlon Jo aCcompony Jh's survey sketch, BA515 OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR 1N 6,962,N2.9020, E 2,411,057.5050 GRIDJAND CORS STATION TXDA IN 6, 978, 860.0906,E 2, 529, 861. 8823 GRlD1, N, A, D, 83, WHICH IS NORTH 8! 581338 EAST- TEXAS PLANE / COORDINATE SYSTEM, NORTH CENTRAL ZONE 142024 N\ ALL DISTANCES AND COORDINATES SHONN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY TXDOT CONVERSION FACTOR 1.000152710. Page 3 of 3 LEGEND � • Monument farad 'os noted' Q • %' iron rod w/ plasJlc cop stomped 'Donnenboum Engineering' POC Place Of Commencing POB • Place Of Beginning ff ° Properly LJne SL ° Survey Une H • Fee Hook O,R,R,C,C,T, •OfflclolPubilcRecords, CoOln County, Texas aertsc 1REE.. TZ CAP FM455 TnEEs ..�_. �. ), 2._= S u RvEY TRACT No.71 EXISTING RIGHT — —�- — 11 _ STATE OF TFJfAS „_.._ V. JIT, P, 225 �--- O.P.RC,C.T_y__ DOCUMENTNUMBER94.0 12614 V _ yam. I ntgif � ",•—� UEI:SC IRS RAD iREes GYkPO ROLLINS 1- FRANCE$ GAIL ROLLINS VOL. 3346, PG. 764 O.P.R.C.C.T. Et: PROP EASEMENT LINE pP it1ICIIAEL DAN DAITIS A 4838 v •' P 04 �. SUR`S' 1 DETAIL N.T.S. S89°26'49"E 43.32' N88°42'06"W 57.92' 0 50 100 150 SCALE IN F'f;ET WATER LINE EASEMENT In the JOFiN C. FARRIS SURVEY Abstract No. 331, Collin County, Texas Lot 1, Block G Willow Creek Phase I Owner: SASM Investments LLC 764 Square feet or 0.018 acres ENGINEERING CO. - FT. WORTH, LLC T.B.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE 80ULEUARO, SUITE 400 FORT WORTH, TEXAS 76116 (817)763-8883 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF 0.048 ACRES OF REAL PROPERTY, MORE OR LESS, FOR A PERMANENT UTILITY EASEMENT, AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID PROPERTY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a need to provide utility system improvements to benefit the City of Anna, its citizens and general health, safety and welfare; and WHEREAS, it is necessary to acquire certain easements not now held by the City of Anna for such utility system improvements; and WHEREAS, it is necessary to delegate 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 ("Council") of the City of Anna, Texas ("City") finds that a public necessity exists for acquisition of one or more permanent utility easements, waterline easements, and/or wastewater line easements comprising 0.048 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, or repair of utilities benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The above -stated recitals are incorporated her 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 § 251.002 and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 Section 2. Property to be Acquired 2.01 The necessary permanent utility easements, waterline easements, and/or wastewater line easements sought to be acquired will affect segments of tracts totaling approximately 0.048 acres of real property (collectively, the "Property"), held by multiple owners. Said approximate 0.048 acres of real property are generally aligned and are described in Exhibit A, Exhibit B, and Exhibit C, each of which are attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The Council finds a public necessity for the public welfare and convenience to acquire the easements identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing utility lines, water lines, and/or wastewater lines. The Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Property by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Property appraised by a certified appraiser, to send the landowners) a copy of the landowners bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary final monetary offers in an attempt to acquire the permanent utility easements, waterline easements, and/or wastewater line easements on and under the affected Property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire an easement through the Property 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 Property. The Council hereby authorizes and ratifies any such actions taken thus far. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this day of 2012. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 City Secretary, Natha Wilkinson APPROVED: Mayor, Mike C1 0 CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 �r EXHIBIT "A" County: Collin Page 1 of 3 Highway: FM 455 April 10, 2012 City of Anna Description for Wastewater Easement BEING 162 square feet of land, more or less, in the F.T. Duffau Survey, Abstract NuYnber 288, City of Anna, Collin County, Texas, and being part of the remainder of that certain called 157.844 acre tract of land described in a deed to Rudman Partnership (Rudman tract), as recorded in Volume 3346, Page 764 of the Official Public Records of Collin County Texas, said 162 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 112-inch iron rod in the East line of said Rudman tract, same being the Northwest comer of Lot 32, Block A, Settler's Way, an addition to the City of Anna according to the plat thereof recorded in Cabinet P, Page 967 of the Plat Records of Collin County Texas; THENCE South 00° 4S' 31" West with the common line between said Rudman tract and said Lot 32, a distance of 155.06 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING; 1) THENCE South 00° 45' 31" West with the common line between said Rudman tract and said Lot 32, at a distance of 14.96 feet, pass a 5/8-inch iron rod found for the Southwest corner of said Lot 32, and continue with the East line of said Rudman tract, a total distance of 21.26 feet to a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found for the future North right -of way line of F.M. 455; 2} THENCE North 870 23' 30" West, crossing said Rudman tract with the fittttre North Right -of way line of FM 455, a distance of 10.07 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for coiner; 3) THENCE North 010 16' OS" East, continuing across said Rudman tract, a distance of 11.15 feet to a 5/8-inch iron rod with plastic cap stamped "Damienbatun Engineering" set for coiner; 4) THENCE North 46° 16' OS" East, continuing across said Rudman tract, a distance of 13.98 feet to the PLACE OF BEGINNING and containing 162 square feet (0.004 Acres} of land, more or less. EXHIBIT "A" Continued County. Collin Highway: FM 455 City of Anna Description for Wastewater Easement Notes: Survey plat to accompany this legal description. Page 2 of 3 April 10, 2012 Basis of Bear7ngs is a line between CARS Station TXAR (North 6,962,112.4p2p East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East l - Texas State Plane, North Central Zone (4202) 0 All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. lW Michael an Davis t Registered Professional Land Surveyor No. 4838Darmenbaunl Engineering Company Fort Worth -- LLC EL DAN DAVIS T.B.P.L.S. Registration Number 101188-02%4838 5421 Cam Bowie Boulevard Suite 400 Fort Worth Texas 76116 F �Vl p , essto.�Office: 817-763-8883, Fax: 817-377-2956 S U R `3 F. T. DUFFAU SURVEY EXHIBIT ON JOHN C. FARRIS SURVEY ABSTRACT No.288 I , -FOUND= ABSTRACT No.331 t 112'CIR I a I I POC I N=7170090.v�15 4 I I E2560142.0 1 , Y SETTLERS WAY J line 7 +( °EtiLOT 32, O W I GAB..-P PGsJ67 --_- •• RUDMAN PARTNERSHIP I ( r,;'r'I \1 VOL.3346,PG.764 d; i (3LOCKA ��: �/1 -i--� \P.R.C.C.T. o ) +' d.P.R.C.C.T. � I � � DRAINAGE �� Q � I EASEMEN i �� (L LOT 32 FUTURE RIGHT 1 1--. OF WAY LINE I ' -J NONl LOCK B SEE DETAIL P0� __}_ �}-c//�a ���-_--=_�--= == v. 372, P.261 l, -�- WASTEW',,TEF,� �, SrA�c,s2 STATE OF TEXAS , Y. 372•P. 22T OP.R,C.CT. XO T -.._.-..-..._7RIGHT)71 AP TING/FUTURE OFWAY LINE LOT 1 II AUTOZONE ADDITION CAB-200-7--'--- PAGE 221 O.P.R.C.C.T. 1 TXOOT CAP REMAINDER JAMES ALLEN MANN, JR., MARJORIE AND MANN DOCUMENT NUMBER �__•• 93.0108070 O.P.R.C.C.T. JOSEPH SCHL.UTER SURVEY ABSTRACT No.856 Notesf LegoldescrtpJion to accompany 1h's survey sketch. BASIS OF BEARINGS !SALINE BETWEEN COBS STATION TXAR fN 6,962dl2.4020,E 2,4!l,057.5050 GRIDtAND COBS STATION TXDA (N 6,478,860.0906,E 2,529,86/.8823 GRlOJ. N.AD.83,WHICH IS NORTH 8f 5833' EAST- TEXAS PLANE COORDINATE SYSTEM,NORTH CENTRAL ZONE (4202), ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRiD BY DNIDtNG BY TXDOT CONVERSION FACTOR 1.0001527/0, Page 3 of 3 LEGEND � ^Monument found 'as Holed' Q - 5/g' iron rod w/ plosilc cop stomped 'Donnenboum Engineering' POC - Place Of Commencing POB = Ploce Of Beginning JL' - Property Llne SL • Survey Llne ti = Fee Hook ORR.C.C.T. • Offlciol Publlc Records, Collin Counly,Texos hIICIIADL DAN DAMS ............................. ON �I-E�3E3 40 8U01 1' DETAIL N.T.S. PROP EASEMENT LINE POR ° N� LU J r FOomi LO .� 5f0'IR rb (q r - io ran UTURE RIGHT OF WAY LINE -� TX00T "W N87°23'30 I OAP I 0 50 100 150 SCALE IN FEET WASTEWATER EASEMENT In the F. T. DUFFAU SURVEY Abstract No. 288, Collin County, Texas Owner: Rudman Partnership 162 Square feet or 0.004 acres ENGINEERING CO. - FT. WORThi, LLC T.B.P.L.S, REG, NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763-8883 County: Collin Highway: FM 455 City of Anna Description for Waterline Easement Page 1 of 3 Api71 10, 2012 BEING 1,247 square feet of land, more or less, in the F.T. Duffau Survey, Abstract Number 288, City of Anna, Collin County, Texas, and being part of the remainder of that certain called 157.844 acre tract of land described in a deed to Rudman Partnership (Rudman tract), as recorded in Volume 3346, Page 764 of the Official Public Records of Collin County Texas; said 1,247 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 1/2-inch iron rod for a re-entrant corner of said Rudman tract, same being the Northwest corner of that certain called 0.700 acre tract of land described in a deed to Ronny Brown and wife Linda Brown (Brown tract), as recorded in Volume 1076, Page 564 of the Official Public Records of Collin County Texas; THENCE South 03° 07' 29" West with the common line between said Rudman tract and said 3rown tract, a distance of 146.95 feet to a 5/84neh iron rod with plastic cap stamped "Dannenbawn Engineering" set for the PLACE OF BEGINNING; 1) THENCE South 03° 07' 29" West, continuing with the common line between said Rudman tract and said Brown tract, a distance of 12.49 feet to a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found for the future North right-of-way line of F.M. 455; 2) THENCE North 87° 23' 30" West, crossing said Rudman tract, with the future North right -of --way line of F.M, 455, a distance of 99.82 feet to a Sl8-111ch iron rod with aluminum cap stamped "Tx.DOT" found in a West line of said Rudman tract, same being the East line of that certain called 20.00 acre tract of land out of said Rudman tract described in deeds to Anna 455 Commercial, LP, A Texas Limited Partnership (Anna 455 tract), as recorded in Document Number 20071205001623090 and 20071205001623100 of the Official Public Records of Collin County Texas; 3) THENCE North 02° 52' 12" East with the common line between said Rudman tract and said Anna 455 tract, a distance of 12.49 feet to a 5/8-inch iron rod with plastic cap stamped "Dan enbaum Engineering" set for corner; 4) THENCE South 871 23' 30" East, crossing said Rudman tract with the North line of the herein described easement, a distance of 99.87 feet to the PLACE OF BEGINNING and containing 1,247 square feet (0.029 Acres) of land, more or less, EXHIBIT Continued County: Collin Highway: FM 455 City of Anna Description for Waterline Easement Notes: Survey plat to accompany this legal description, Page 2 of 3 April 10, 2012 Basis of Bearings is a line between COBS Station TXAR (North 6,962,112.4Q2Q East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983. (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dI viding by the TxDOT combined scale factor of 1,0001527100 I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Michael Dan Davis Registered Professional Land Surveyor No. 4838 Dannenbaum Engineering Company Fort Worth — LLC T.B.P.L.S. Registration Number 10118M2 6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office: 817-76M883, Fax: 817-377m2956 MICIMEL DAN DAVIS 4836 .....v; ... P. • 4z 9yI s s SURF F. T. UUFFAU SURVEY ABSTRACT No.288 ANNA A55 COMMERCIAL, LP A TEXAS LIMITED PARTNERSHIP 20071205001623090 20071205001623100 O,P,R,C,C,T, Nolen LQT 1, BLQCKA SUMMER HILL ADDITION CAB, 2011, PG, 22 O.P.R.C.C.T. uosa„�r. TXPOT cnP 518•IR n S87°23'30"E 67,59'TXDQT EXHIBIT 'IR WATER LIN EASEMENT 1,247 SF 0.029 AC•. SEE DETAIL roe 1 TXDOTI CAP CAP CAP f 7XD071 L_ SratE of TEXAS " - --. ,, .- _. CAP I V.37Z P. 261 _.. _.... _. _ OP.k.C.CT, SFATE OF TEXAS V.3T2, P. 161 O P.fi.GC,T. OF WAY LINE ANNA MARKET CENTER CAB. 2008, PAGE 361 d,P,R,C,C,T, JtJSEPH SCHLUTER SURVEY ABSTRACT No.856 Legaldescrlption to occompony lids survey sketch, BASIS OF BEARINGS 1S A LINE BETWEEN CORS STATION TXAR fN 6, 962, 112, 9020,E 2, 9/1, 057.5050 GR1D1 AND CORS STATION TXDA (N 6, 978, 860, 0906.E 2, 529.861.8823 GRlpl, A'. A, D, 83, WHICH IS NORTH 8P 58' 3Y EAST- TEXAS PLANE COORDINATE SYSTEM, NORTq CENTRAL ZONE (9202), ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY TXDOT CONVERSION FACTOR 1.0001527l0, Page 3 of 3 LEGEND � = Monument found 'as Holed' Q • 5/'Iron rod vi/ plosllc cop stomped 'Donnenboum EnglneerinV POC - Place Of Commencing POB = Place Of Beglnntng 12 = Property Line SL - Survey Llne r+ = Fee Hook O, R. R. C. C. T. • Offlclol Publle Records, Collln County, Texas fi�.,.t � s r rk•.�9 ............................. DETAIL N.T.S. PROP EASEMENT LINE S87623'30"E 99,87' N87°23'30"W 99,82' INY BROWN AND E LINDA BROWN L. 1076, PG%564fRIOCICOY hIICHA);L DAN DAMS sap / 0 4838 �r tf, #a � U Y01 X i OF s RUDMAN PARTNERSHIP VOL, 3346, PG, 764 O,P,R.C,C,T. y �XDOT CAP 1` ---- � ^- STATEOFTEXAS V. 372, P.2P O.PAGCT. 0 50 100 150 SCALE tN FEET WATER DINE EASEMENT In the F. T. DUFFAU SURVEY Abstract Nc. 2$8, CoIHn County, Texas Owner: Rudman Partnership 1.247 Square feet or 0.029 acres ENGINEERING CO, � FT. WORTH, LLC T.B.P.L.S. REG, NUMBER 101188-02 6421 CAMP 601ME BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763-•8883 County: Collin Highway: FM 455 City of Anna EXHIBIT C Description for Waterline Easement Page 1 of 3 April 10; 2012 BEING 847 square feet of Land, more or less, in the F.T. Duffau Survey, Abstract Number 288, City of Anna, Collin County, Texas, and being part of that certain called 20.00 acre tract described in deeds to Anna 455 Commercial, LP, A Texas Limited Partnership (Anna 455 tract), as recorded in Document Number 20071205001623090 and 20071205001623100 of the Official Public Records of Collin County Texas; said 847 square feet of land being more particularly described by the metes and bounds as follows. COMMENCING at a found 5/8-inch iron rod fog• an angle point in the East line of said Anna 455 tract, same being in a West line of the remainder of that certain called 157.844 acre tract of land described in a deed to Rudman Partnership (Rudman tract), as recorded in Volume 3346, Page 764 of the Official Public Records of Collin County Texas; THENCE South 02° 52' 12" West with the common line between said Anna 455 tract and said Rudman tract, a distance of 142.96 feet to a 5/8-inch iron rod with plastic cap stamped "Darmenbaum Engineering" set for the PLACE OF BEGINNING; 1) THENCE South 42° 52' 12" West with the common line between said Anna 455 tract and said Rudman tract, a distance of 12.49 fcet to a 5/8-inch iron rod with aluminum cap stamped "TxDOT" found for the future North Right-of-way line of FM 455; 2) THENCE North 87° 23' 30" West, crossing said Anna 455 tract with the future North Right -of --way line of FM 455, a distance of 67.59 feet to a S/8- U. iron rod with aluminum cap stamped "TxDOT" found in the East line of Lot 1, Block A, Summer Hill Addition, an addition to the City of Anna, according to the plat thereof recorded in Cabinet 2011, Page 22, of the Plat Records of Collin County Texas; 3) THENCE North 011 15' 39" East with the common line between said Anna 455 tract and the East line of said Lot 1, a distance of 12.50 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 4) THENCE South $7° 23' 30" East, crossing said Anna 455 tract with the North line of the herein described easement, a distance of 67.95 feet to the PLACE OF BEGINNING and containing 847 square feet (0.019 Acres) of land, more or less. EXHIBIT Continued County: Collin Highway: FM 455 City of Anna Descr7ption for Waterline Easement Notes: Survey plat to accompany this legal description. Page 2 of 3 April 10, 2012 Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202)0 All coordinates shown are surface unless otherwise noted and nnay be converted to grid by dividing by the TxDOT combined scale factor of 1.0001527100 I, Michael Dan Davis, a Registered Professional Land Surveyor in fihe State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground -under my supervision. Michael Dan Davis Registered Professional Land Surveyar• No. 4838 Dannenbaum Engineering Company Fort Worth — LLC T.B.P.L.S, Registration Number 10118M2 6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 Office4v 817�763-8883, Fax: 817-377-2956 MICHAEL DAN DAVIS p 4838 ....Q ::.... 9��oFes 5 Q� SUR\I�e_.— F. T. DUFFAU SURVEY ABSTRACT No.288 ANNA 455 COMMERCIAL, LP A TEXAS LIMITED PARTNERSHIP 20071205001623090 20071205001623100 O,P.R.C.C,T. Naies; LOT 1, BLOCK A SUMMER HILL e ADDITION CAB. 2011, PG. 22 P.R.C.C.T, o n on>cuscz WATER LINE EASEMENT Txoor 847 SF caP 0.019 AC SEE DETAIL NQ9°15'3 12.50' t rzr� O c DETAIL N.T.S, PROP EASEMENT LINE 887023'30"E 67.96' N87°23'30"W 67.59' INY BROWN AND E LINDA BROWN L. 1076, PG* `l Poe S02°52'12"W 12.49'� RUdMAN PARTNERSHIP VOL. 3346, PG. 764 O,P.R.C,C.T. FUTURE r. I rXnOT TXeOT r S87°23'30"E , tc'P /� � `~ �• GAP r CAP ...CAP i 9962' STATE OF TEXA$ ' STATEOFTEMS .-� OOC.X2olloeic 213u STATE OF TEAS O PRC.O,T,.T. ANNA MARKET CENTER CAB. 2008, PAGE 361 O.P.R.C.C.T. J4SEPH SCHLUTER SURVEY ABSTRACT No.856 Legol descr/ptlon !o accrompony iNs survey sketch. BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR !N 6,962,lJ2.4020, E 2.4/l,057.5050 GRlO)AND CORS STATION TXDA !N 6, 978.860.0906,E 2, 529, 86l.8823 GRIDI, N.A, D. 83, WHICH IS NORTH 8r 58' JY EAST- TEXAS PLANE / COORDINATE SYSTEM, NORTH CENTRAL ZONE t4262J. N ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND RAY BE CONVERTED TD GRID 8Y DN101NG 8Y TXDOT CONVERSION FACTOR 1.000152710, Poge 3 of 3 LEGEND � - lfonument found 'as nosed' Q � 5f � tron rod w/ plosflc cop stamped 'Donnenbaum Englneering° POC ° Place Of Commencing POB • Place Of Beginning )E ° Property Line SL ° Survey Line N x Fee Hook O. R. R. C. C. T. - Orficiot Public Records, Collin County, Texos . d'. ............................ AIICHAEL DAN DAVIS 4838 v � SURD; ✓ LINE STATEOFTExAS V. 372, P. 227 t . o.P.RO.O.T. 0 50 100 r50 SCALE IN FEET WATER LINE EASEMENT In the F. T. DUFFAU SURVEY Abstract No. 288, Collin County, Texas Owner: Anna 455 Commercial, LP 847 Square feet or 0.019 acres DANNENB,AUM ENGINEERING CO. - FT. WORTH, LLC T.B.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)763- 8883 a xtou�,t xomE'rownr Council Meeting: May 22, 2012 Account Code #: Budgeted Amount: Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on the first reading of an Ordinance adopting a moratorium on the erection, placement, and/or use of Windmills and Wind turbines. (City Manager) SUMMARY: Staff has previously recommended that the Council adopt a moratorium on the erection, placement, and/or use of Windmills and Wind turbines. Such moratorium would be temporary in order to allow the City time to review existing applicable regulations and to make y revisi anons and/or additions to those regulations that the City Council deems appropriate. Before an ordinance adopting a moratorium may be adopted, the ordinance must be given at least two reading by the City Council. No action by the City Council is required after this first reading, INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice on Thursday, May 17, 2012. Please bill the City of Anna. PUBLIC HEARING CITY COUNCIL OF THE CITY OF ANNA NOTICE OF MORATORIUM ON WINDMILLS AND 1 The City of Anna, Texas City Council will conduct a public hearing on Monday, May 21, 2012, at 7:00 p.m. at the City Council Chambers of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) to consider a moratorium on the erection, placement, and/or use of Windmills and Windturbines. This public hearing is an opportunity for citizens of Anna and residents/property owners to comment on the proposed moratorium. Persons unable to attend the hearing may submit their comments in writing to the City Secretary, P.O. Box 776, Anna, TX, 75409 or through personal delivery at the Anna City Hall, 111 N. Powell Parkway, Anna, TX, 75409. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice on Thursday, May 17, 2012. Please bill the City of Anna. PUBLIC HEARING PLANNING AND ZONING COMMISSION OF THE CITY OF ANNA NOTICE OF MORATORIUM ON WINDMILLS AND The City of Anna, Texas Planning and Zoning Commission will conduct a public hearing on Monday, May 21, 2012, at 7:00 p.m. at the City Council Chambers of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) to consider a moratorium on the erection, placement, and/or use of Windmills and Windturbines. This public hearing is an opportunity for citizens of Anna and residents/property owners to comment on the proposed moratorium. Persons unable to attend the hearing may submit their comments in writing to the City Secretary, P.O. Box 776, Anna, TX, 75409 or through personal delivery at the Anna City Hall, 111 N. Powell Parkway, Anna, TX, 75409. Item No, 12 City Secretary's use only �w City of Anna City Council Agenda Staff Report YtOUR} HOMETOWN Council Meeting: May 22, 2012 Staff Contact: Clayton Fulton Account Code #: N/A Date Prepared: 5/16/12 Budgeted Amount: N/A Exhibits: QYes ❑No AGENDA SUBJECT: Review/Discussion of proposed FY 2013 Budget Calendar SUMMARY: The annual budget is the single most important financial responsibility of local government. The Local Government Code and our City Charter provide guidelines for the process of adopting the annual budget. In order to fiend our annual budget, the City must also adopt a property tax rate (tax rate). The process for adopting the tax rate is stipulated in the Tax Code. Adopting the budget and tax rate goes hand in hand; therefore the budget calendars presented below incorporate the requirements of Texas Code and our City Charter for adopting the annual budget and tax rate. Two calendars have been prepared as the requirements to adopt the tax rate change dependent upon council action related to the tax rate. The first calendar is presented under a no tax increase scenario while the second calendar is prepared should the council vote in favor of a tax increase. The calendars have highlighted the important dates and deadlines that must be met in order to pass the budget and tax rate. Dates in blue highlight various requirements that staff will complete; dates in gray highlight public meetings with the City Council; dates in red are holidays. The calendars are identical until August 9. Should the council vote in favor of a tax increase on August 7, the schedule for adopting the budget and tax rate will change in order to meet the requirements of Texas Code before the tax rate can be adopted. You will see that the Council will be required to meet more often than our regularly scheduled meetings. This is to ensure that adequate time and attention are devoted to the budget process prior to its adoption. Additionally, the proposed schedule provides for the budget and tax rate adoption in early September. The early time table allows council and staff the ability modify the schedule as needed while maintaining our ability to adopt and establish the budget in a timely manner. Item No. 12 City Secretary's use only Every effort has been made to keep council meetings on Tuesday nights. The only exception is the meeting with Council to discuss budget priorities. The dates are highlighted in rose, May 29 and June 2. Planned community events conflict with the Tuesday May 29 date for the Council to discuss budget priorities. Staff proposes that this meeting occur on Saturday June 2. RECOMMENTDATION: The Council provides specific guidance to staff regarding the budget priorities meeting and general guidance regarding the overall schedule to adopt the budget and tax rate. S M T W Th F Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 H May 2012 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29' 30 31 June 2012 3 4 5 6 7 8 9 10 11 12 13 1 14 1 15 1 16 17 18 19 20 21 22 23 24 25 26 27 28 [H] 30 July 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 2012 1 Lt[34 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H 29 30 El September 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0 6 M 30-Submit 5 year CIP wi ager 01-Activate budge�ing begin to enter operating 7Q /innn 7_R:rr�not Prinr 24-Present Budget to city lic hearing on the Budgetf�` t 25-Deadline for chief app1 26-Publish 1st public noti 31-Budget Workshop with;, 4-Meeting to ad et data dget and Tax Rate rectors and e for pub - units dget April 2012 S M T W Th F Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 El May 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 [HE] 28 29 ' 30 31 June 2012 1 2; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 BUDGET/TAX RATE CALENDAR—FY B 01-Activate budgeting prog1,1% for;all departtne t-directors and 24-Present Budget to City lic hearing on the Budgets'', 25-Deadline for chief appt 26-Publish 1st public not- 31-Budget Workshop with e for pub - units dget Council Meeting: May 22, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-16-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code §551.074). c. Personnel Matters: City Manager. (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. SUMMARY: RECOMMENDATION: Council Meeting: May 22, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-16-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for May 22, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. RECOMMENDATION: Council Meeting: Mav 22I 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 15 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 5-16-12 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.