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Home My WebLink AboutRes 2013-01-06 Easement Acquisition-Green.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2013-01-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATERLINE AND WASTEWATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 1,247 SQUARE FEET OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation plans to construct improvements to F.M. 455 in the City of Anna, Texas, requiring the City to relocate, reconstruct, replace, repair and/or install waterlines and wastewater lines to meet the public need to provide water and wastewater system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain waterline and wastewater line easement not now held by the City of Anna for such water/wastewater utility system relocation/installation and improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easement and/or to pursue the easement under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a waterline and wastewater line easement providing limited rights on and under 1,247 square feet of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of relocation, installation, maintenance, replacement, and/or repair of waterlines and wastewater lines and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. RES. 2013-01-06 Easement Acquisition -Green PAGE 1 OF 3 01-22-13 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easement to be Acquired 2.01 The necessary permanent waterline and wastewater line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 1,247 square feet of real property (the "Easement"), held by Charles K. Green and/or others. Said approximate 1,247 square feet of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. 2.02 Notwithstanding any notations to the contrary in said Exhibit A, the City's intent is to acquire an easement for both a waterline and a wastewater line, and all necessary and appropriate appurtenances thereto. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing waterlines and/or wastewater lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys --as necessary and in the appropriate sequence—to have the Easement 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 waterline and wastewater line easement on and under the affected real property consistent with the appraisal(s), when appropriate, and to convey the City's RES. 2013-01-06 Easement Acquisition -Green PAGE 2 OF 3 01-22-13 desire to acquire the Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this 22nd day of January, 2013. ATTESTED: Cit Secretary, atha Wilkison OF n P P � nPP kaPP Yl \�` APPROV J/j anll yor, Mike Crist RES, 2013-01-06 Easement Acquisition -Green PAGE 3 OF 3 01-22-13 EXHIBIT "A" County: Collin Page 1 of 3 Highway: FM 455 April 10, 2012 City of Anna Description for Waterline and Wastewater line Easement BEING 1,247 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 0.275 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 890 22' 58" 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 040 11' 10" East with the common line 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 040 11' 10" East with the common line between said Green tract and said Hendricks tract, a distance of 15.03 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 20111228001397460 of the Official Public Records of Collin County Texas; 2) THENCE South 890 26'49" East with said Existing South Right-of-way Line ofFM 455, a distance of 47.90 feet to a 5/8 -inch ion rod with aluminum cap stamped "TxDOT" found for the beginning of a curve to the right, whose long chord bears South 89° 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 4940.00 feet, through a central angle of 00° 24' 31", for an arc distance of 35.23 feet to a 5/8 -inch 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; EXHIBIT "A" Continued County: Collin Page 2 of 3 Highway: FM 455 April 10, 2012 City of Anna 4) THENCE South 04° 08' 51 West with the common line between said Green tract and said Chung tract, a distance of 15.02 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner, said corner being the beginning of a curve to the leaf, whose long chord bears North 89° 14' 51" West, 34.29 feet; 5) 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 001 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) urve; 6) THENCE North 890 26' 49" West, continuing across said Green tract 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 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 l (.0 Registered Professional Land Surveyor No. 4838 tt .............. Dannenbaum Engineering Company Foi't Worth — LLC AN DAVIS T.B.P.L.S. Registration Number 101188-02 8"6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 iOffice: 817--763-8883, Fax: 817-377-2956 LTHV,F-IVST NATIONAL 6 K;9E VAN ALSTYNE �L.949,-PG:2� 0 1 ; O.P.R.C.C.T. _s ATE OF _'_7_ V. 372, P IN FM EXHIBIT A' T f j SCI TINGRGT " c jHtENRr I V W Y L-1 T`.� XOOT CAP U' _. / �, I r �A ®® C — -1 -- —ti ra- }fall EJ sy T lilt$[ 0.0 9A AIL POB netts; _ ...� N-�T C`lN� I TR B7A7E OF"' •_• I OOc. a2df11n6W1387<60 , I l' OPJfA.QT. P 1T�Or-' r"T �'-p CAP tr zN r , U4V JOSEPH FINLEY DOCUMENT NUMBER 95-0087243 Poc O.P.R.C.C.T. N-7178428.422 E-2663874.784 PATRICIA LEE ROPER AND AMON BURL ROPER VOL. 2094, PG. 741 JAMES D. HOLLAND et ux O.P.R.C.C.T. VOL. 558, PG. 632 O.P.R.C,C.T MICHAEL JAKE HENDRICKS, TRUSTEE EVELYN M"IN HENDRICKS TRUST TXC DOCUMENT NUMBER 94-00783$7 CAF O.P.R.C.C.T. N 1 04°11'10°E I&UT GRANDERSON STARK SURVEY ABSTRACT No.798 OF WAY LINE SOW W49" E 47.90' Poo N89°28'49°w 48.85' PROP EASEMENT LINE - Notes, 02 Legal dexrlpfldn to occa7mry tMs survey sketch. CH = N89°14'51"W CH = 35.23' CH = 34.29' BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR c�4' •'� 1 s T R i, ' • ` IN 6,962,112.4020, E 2.411,057.5050 GRIV AND CORS .• c�. STATION TXDA IN 6,978,860.0906, E 2, 529, 861.8823 GRID). A = 00°23'56" LT. N.A.D. 83. WHICH IS NORTH 8i 58' 33' EAST- TEXAS PLANE ............... .......... COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202). MICHAEL DAN DAVIS ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE .............................. 4838 P �y CONVERTED TO GRID BY DIVIDING BY TXDOT CONVERSION FACTOR 1.000152710. Pags 3 Of 3 LEGEND ® • Monument found "os noted' Q - %' Iron rod W/ plastic cop stomped 'Dannenbaum Englneering' POC - Ptoce Of Commencing POB - Place Of Beginning 'T - Properly Una SL - Survey Une N - Fee Hoak O. R. R. C. C. T. - Offlciol Pub N Regards, Collln County, Texas DETAIL N.T.S. Ci w CABOT 01 02 CH - 889°14'33"E CH = N89°14'51"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. ry`tM 0 50 100 150 e �t D( SCALE IN FEET Water and 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 400 FORT WORTH, TEXAS 76116 (817)763-•8883