HomeMy WebLinkAboutRes 2014-07-08 Public Necessity - Queen - Sewer and Trl Easement.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-07-0
RESOLUTIONOF • OF
THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF . PERMANENT
SEWER AND TRAIL . PROVIDING
MANAGER,0.187 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY
CONTRACTORS,
- ,•. ATTORNEYS
• • ACQUIRE
SAID EASEMENT BY ANY LAWFUL NOT LIMITED TO
NEGOTIATIONS, PROCEEDINGS DOMAIN;
"ROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna plans to construct and/or install wastewater lines and
recreational trails to meet the public need to provide wastewater and trail 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 sewer and trail easement not now held
by the City of Anna for such wastewater and trail system 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 sewer and trail
easement providing limited rights on and under 0.187 acres of real property, more or
less, which is more particularly described in Section 2 of this resolution, for the
purposes of installation, maintenance, replacement, and/or repair of wastewater lines
and hike and bike trails providing a public pedestrian transportation route, and
benefiting the public health, safety and welfare;
4041THEREFORE,RESOLVED BY THE CITY COUNCILOF OF
ANNA, TEXAS, THAT:
Section 1. Incorporation of Recitals; Purpose
1.01 The City Council finds that the above -stated recitals are true and correct and said
recitals are incorporated herein as if set forth in full for all purposes.
1.02 This resolution is intended to comply in all respects with Texas Government
Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq.,
RES. 2014-07-08 Public Necessity -Troy & Floella Queen -Sewer & Trail Easement PAGE 1 OF 3 07-22-14
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 sewer and trail easement sought to be acquired will
provide limited rights on and under a portion of a tract, said portion totaling
approximately 0. 187 acres of real property (the "Easement"), held by Troy Queen
and Floella Queen and/or others. Said approximate 0.187 acres 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.
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
wastewater lines and hike and bike trails. 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 appraisal and the landowner's bill of rights statement,
to enter into good -faith negotiations with the landowner(s), to make a bona -fide
offer and make any necessary final monetary offers in an attempt to acquire the
Easement consistent with the appraisal(s), when appropriate, and to convey the
City's 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 ®ate.
RES. 2014-07-08 Public Necessity -Troy & Floella Queen -Sewer & Trail Easement PAGE 2 OF 3 07-22-14
This resolution shall take effect immediately upon its passage
PASSED by the City Council of the City of Anna, Texas, this 22nd day of July, 2014.
ATTESTED:
-- '� �, k Ll�
City ecretary, Natha Wilkinson
RPS. 2014-07-08 Public Necessity -Troy & Floclla Queen -Sewer & Trail Easement PAGE 3 OF 3 07-22-14
02011 Westwood Professtonol Scrvkes,
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1
FELLOWSHIP OF PLANO
CALLED: 7.466 ACRES
INSTR.#20140411000348300
O.P.R.C.C.T.
TROY QUEEN AND WIFE, 50' WIDE
ELOELLA QUEEN TEMPORARY
CALLED: 10,27 ACRES CONSTRUCTION
VOLUME 5707, PAGE 4433 EASEMENT
O.P.R.C.C.T.
S87055'02"E 1529.00
P.O.C.-1/2"
IRON ROD FT-
IFn
v
(FOUND) P.O.B.
BLOOMFIELD HOMES L.P,
CALLED: 58 ACRES
INSTR.#20121002001246520
O.P.R.C.C.T.
Line Toble
Line #
Length
Direction
L1
271.70
NO2004'58"E
L2
30.00
S87043'37"E
L3
271.60
S02004'58"W
L4
30.00 1
N87055'02"W
1
L2 PROPOSED
30' SEWER AND
TRAIL EASEMENT
0.187 ACRES
(8,150 SQ FT)
lu
to
0. P. R. C. C. T.
OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS
P.O.B.
POINT OF BEGINNING
P. 0. C.
POINT OF COMMENCEMENT
MONUMENT FOUND (AS NO TED)
SCALE 1" = 200'
1
T! T ENGINEERINGand Traff Easement
a division of Wede Sewer
st wood
AC2740 North Dallas Parkway, Suite 280 TAkeview Estates Phase
Plano, Texas 75093
Ph: (972) 793-0300 Joseph Slater Survey -- Abstract No. 668
Eng. Firm No. F-11756, Tx Survey Firm No. 10074301 City of Anne, Collin County, Texas
2W ew'
EXHIBIT A
Sheet: 1 OF 2
Date: 6/13/14
0000733ES03_R2.dwa
5N.9TUM,
SEWER AND TRAIL EASEMENT
8,150 SQUARE FEET OR 0.187 ACRES
BEING a 0.187 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 546, City of Anna,
Collin, County, Texas, and being a portion of a tract of land described in deed to Troy Queen and wife,
Eloella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas
(OPRCCT) and being more particularly described as follows:
COMMENCING at a 1/2 -inch iron rod found in the east line of Oak Hollow Estates, Phase 2, recorded in
Cabinet O, Page 392 of the Plat Records of Collin County, Texas (PRCCT) the same being the southwest
corner of said Queen tract and the northwest corner of a tract of land described in deed to Bloomfield
Homes, L.P., recorded in County Clerk Instrument No. 20121002001246520 (OPRCCT);
THENCE South 87 Degrees 55 Minutes 02 Seconds East, along the common north line of said, Bloomfield
Homes, L.P. tract, the same being the south line of said Queen tract, a distance of 1529.00 feet to the
POINT OF BEGINNING;
THENCE North 02 Degrees 04 Minutes 58 Seconds East, a distance of 271.70 feet to the north line of said
Queen tract;
THENCE South 87 Degrees 43 Minutes 37 Seconds East, along the common north line of said Queen
tract and a tract of land conveyed to Fellowship of Plano, recorded in County Clerk Instrument No.
20140411000348300, (OPRCCT), a distance of 30.00 feet;
THENCE South 02 Degrees 04 Minutes 58 Seconds West, a distance of 271.60 feet to the common south
line of said Queen tract and the north line of aforementioned Bloomfield Homes, L.P. tract;
THENCE North 87 Degrees 55 Minutes 02 Seconds West, along said common line a distance of 30.00 feet
to the POINT OF BEGINNING and containing 8,150 square feet or 0.187 of an acre of land within these
metes described.
Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas
Coordinate System NAD83 (CORS96) Texas North Central Zone -n.,nno
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