HomeMy WebLinkAboutRes 2015-10-109 Plumlee Temp Sewer Easement Tract 1.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. J0//5' /f)
(Plumlee City Easement Tract 1)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING
THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT
SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.155 ACRES OF
REAL PROPERTY, MORE OR LESS, AND 0.226 ACRES OF REAL PROPERTY,
MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS,
AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL
MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF
NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Anna plans to construct and/or install sewer lines and
associated facilities to meet the public need to provide sewer system improvements to
benefit the City of Anna, its citizens and the general health, safety and welfare; and
WHEREAS, it is necessary to acquire a certain permanent sanitary sewer easement
and temporary construction easement not now held by the City of Anna for such sewer
system improvements; and
WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the
acquisition of said easements and/or to pursue the easements under power of eminent
domain; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful
consideration, finds that a public necessity exists for acquisition of a permanent sanitary
sewer easement and a temporary construction easement, providing limited rights on
and under 0.155 acres of real property, more or less, and 0.226 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 sewer lines, and
benefiting the public health, safety and welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Incorporation of Recitals; Purpose
1.01 The City Council finds that the above-stated recitals are true and correct and said
recitals are incorporated herein as if set forth in full for all purposes.
1.02 This resolution is intended to comply in all respects with Texas Government
Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq.,
and Texas Property Code§ 21.001 et seq., to the extent the provisions of such
statutes are applicable.
1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's
powers of eminent domain under Texas Local Government Code§ 251.001 and
any and all other applicable statutes.
Section 2. Easements to be Acquired
2.01 The necessary permanent sanitary sewer easement sought to be acquired will
provide limited rights on and under a portion of a tract, said portion totaling
approximately 0.155 acres of real property (the "Sanitary Sewer Easement"),
held by Chris Plumlee and Lisa Plumlee and/or others. Said approximate 0.155
acres of real property is generally aligned and described as Tract 1 in Exhibit A,
attached to this resolution and incorporated herein by reference as if fully set
forth for all purposes. The precise permanent easement to be acquired may
differ from what is shown in said alignment and description but said alignment
and description approximates the general route and general area of the
permanent sanitary sewer easement.
2.02 The necessary temporary construction easement sought to be acquired will
provide limited rights on and under a portion of a tract, said portion totaling
approximately 0.226 acres of real property (the "Temporary Construction
Easement"), held by Chris Plumlee and Lisa Plumlee and/or others. Said
approximate 0.226 acres of real property is generally aligned and described as
Tract 1 in Exhibit A, attached to this resolution and incorporated herein by
reference as if fully set forth for all purposes. The precise temporary easement
to be acquired may differ from what is shown in said alignment and description
but said alignment and description approximates the general route and general
area of the temporary construction easement.
Section 3. Finding of Public Necessity and Authorization to Take Action
3.01 The City Council finds a public necessity for the public welfare and
convenience to acquire the Sanitary Sewer Easement and the Temporary
CITY OF ANNA, TEXAS RESOLUTION NO/,(( If J -PAGE20F3
Construction Easement identified in Section 2, above, for the purpose of
constructing, laying, maintaining, repairing and/or replacing sewer lines. The City
Council authorizes the City Manager, City staff and/or City consultants or
contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal
counsel if determined necessary by said attorneys, to acquire the needed
Sanitary Sewer Easement and the Temporary Construction Easement by any
lawful means including but not limited to negotiations with landowners and, if
necessary, proceedings in eminent domain.
3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe,
Tidwell & McCoy, LLP, attorneys and other legal counsel if determined necessary
by said attorneys,-as necessary and in the appropriate sequence-to have the
Sanitary Sewer Easement and the Temporary Construction Easement appraised
by a certified appraiser, to send the landowner(s) a copy of the appraisal and the
landowner's bill of rights statement, to enter into good-faith negotiations with the
landowner(s), to make a bona-fide offer and make any necessary initial and final
monetary offers in an attempt to acquire the Sanitary Sewer Easement and the
Temporary Construction Easement consistent with the appraisal(s), when
appropriate, and to convey the City's desire to acquire the Sanitary Sewer
Easement and the Temporary Construction 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 Sanitary
Sewer Easement and the Temporary Construction 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
Sanitary Sewer Easement and the Temporary Construction 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 the City of Anna, Texas, this 13th day of October, 2015.
CITY OF ANNA, TEXAS RESOLUTION NO. Qu/1
"1 ,, PAGE 3 OF 3
EXHIBIT "A"
CITY OF ANNA, TEXAS
THROCKMORTON CREEK TRUNK SEWER
PERMANENT SANITARY SEWER EASEMENT
ACROSS LOT 27, WOODLAND MEADOWS ADDITION
Parcel No. 11
7/30/2015
Being two tracts of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Jolmson Survey,
Abstract No. 479, Collin County, Texas, and being over, under and across Lot 27 of Woodland Meadows, an addition to
the City of Anna, recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, said Lot 27 also being a
4.1282 acre tract of land conveyed to Cl11is Plumlee and Lisa Plumlee by deed recorded in hlstmment No.
20100624000646560 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 20-foot wide Permanent Sanitary
Sewer Easements being more particularly described as follows:
TRACT 1
BEGINNING at a point for comer in the north prope1ty line of said 4.1282 acre Plumlee tract, said point being in the
south property line of Lot 26 of said Woodland Meadows Addition, said Lot 26 also being a 3.6902 acre tract of land
conveyed to Hector Bernal and Janice Bernal by deed recorded in Instmment No. 20060703000907110 of the
D.R.C.C.T., said point bears N 74°23 157" W, a distance of 13.33 feet from a found 1/2-inch iron rod found with cap, in
the north property line of said 4.1282 acre Plumlee tract and the south property line of said 3 .6902 acre Bernal tract, said
point also bears N 16°46102" W, a distance of 404.72 feet from a 1T1 Post found in the south prope1ty line of said 4.1282
acre Plumlee tract;
THENCE S 06°53 152 11 E, departing the north property line of said 4.1282 acre Plumlee tract and the south property line
of said 3.6902 acre Bernal tract, a distance of 342.07 feet to a point for corner, said point being in the south propeity line
of said 4.1282 acre Plumlee tract and being in the north property line of a tract being part of Lot 28 and 29 of said
Woodland Meadows, said patt of Lot 28 and 29 also being a 4.999 acre tract of land conveyed to Keny B. Tubbs and
wife Gwendolyn M. Iselt-Tubbs by deed recorded in Instmment No. 20050620000814000 (also recorded in Vol. 5943,
Page 1524) of the D.R.C.C.T.;
THENCE N 57°39 113 11 W, along the south property line of said 4.1282 acre Plumlee tract and the north prope1ty line of
said 4.999 acre Tubbs tract, a distance of 25.82 feet to a point for comer;
THENCE N 06°53'52" W, depaiting the south property line of said 4.1282 acre Plumlee tract and the n01th property line
of said 4.999 acre Tubbs tract, a distance of 334.01 feet to a point for a corner, said point being in the no1th property line
of said 4. 1282 acre Plumlee tract and being in the south property line of said 3 .6902 acre Bernal tract,
THENCE S 74°23 157" E, along the north property line of said 4.1282 acre Plumlee tract and the south property line of
said 3.6902 acre Bernal tract, a distance of 21.65 feet the POINT OF BEGINNING, said Permanent Sanitary Sewer
Easement containing 0. 15 5 acres of land, more or less in TRACT 1.
Also, a 30 foot Tempora1y Constmction Easement being inm1ediately adjacent to and west of the above described
pe1111anent sanitary sewer easement and containing 0.226 acres of land, more or less.
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TRACT2
Parcel No. 11
7/30/2015
BEGINNING at a point for comer in the south property line of said 4.1282 acre Plumlee tract, said point being in the
north property line of said 4.999 acre Tubbs tract, said point bears S 57°39'13" E, a distance of 11.24 feet from a 'T' Post
found in the south property line of said 4.1282 acre Plumlee tract and the n01th line of said 4.999 acre Tubbs tract, said
point also bears S 16°13'03" E, a distance of 406.11 feet from a 1/2-inch iron rod found with cap in the north property
line of said 4.1282 Plumlee tract and also being in the south property line of said 3.6902 acre Bernal tract;
THENCE S 89°43'01" E, departing the south property line of said 4.1282 acre Plumlee tract and the north property line
of said 4.999 acre Tubbs tract, a distance of 65.63 feet to a point for corner, said point being in the east property line of
said 4.1282 acre Plumlee tract and being in the west property line of a 2.236 acre tract of land conveyed to Jack L.
Browning and wife Barbara K. Browning by deed recorded in Instrument No. 19991020001290710 of the D.R.C.C.T.,
said point also being in the center of Throckmorton Creek;
THENCE S 17°07'17" E, along the east property line of said 4.1282 acre Plumlee tract, the west property line of said
2.236 acre Browning tract and the center of Throckmo1ton Creek, a distance of 20.96 feet to a point for corner at the
southwest property corner of said 2.236 acre Browning tract, said point also being the northwest property corner of a
1.781 acre tract of land conveyed to Gerald Ray Davidson by deed recorded in Instrument No. 20020405000502240 of
the D.R.C.C.T.;
THENCE N 89°43'01" W, depmting the east property line of said 4.1282 acre Plumlee tract, a distance of 39.97 feet to a
point for corner, said point being in the south line of said 4.1282 acre Plumlee tract and in the nmth line of said 4.999
acre Tubbs tract;
THENCE N 57°39'13" W, along the south property line of said 4.1282 acre Plumlee tract and the north property line of
said 4.999 acre Tubbs tract, a distance of 37.67 feet the POINT OF BEGINNING, said Permanent Sanitmy Sewer
Easement containing 0.024 acres of land, more or less in TRACT 2.
Also, a variable width Tempormy Constrnction Easement being immediately adjacent to and south of the above
described permanent sanitmy sewer easement, extending to the southeast comer of said 4.1282 acre Plumlee tract, and
containing 0.014 acres of land, more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas No1ih Central Zone 4202.
2. Field survey last conducted on 03/20/2015.
3. An Easement Plat of even date herewith
accompanies this Field Note Description.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600
Dallas, Texas 75243
Phone: 214-361-7900 dJ:2,, d
•·" c//}/'S1> J
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.JO' 'TEMPORARY
CONSTRUCllON EASEMENT
0.226 ACRES
(9,839 S.F.}
ROBERT A. JOHNSON / PART OF LOTS 28 & 29 SURVEY/ WOODLAND MEADOWS ADDmON
ASST. NO. 479 KERRY 8. TUBBS & WIFE,
GWENDOLYN M. ISaT TUBBS
INST. NO. 20050620000814000
VOL 5943, PG. 1524 D.R.C.C.T.
4.999 AC.
/ N5739'13"W
/ 25.82'
N15·4s·o2vv -404.72'
REFERENCE BEARING
/
REFERENCE BEARING
~ S5/39'13"E -11.24'
E i / POINT OF
! // BEGINNING
" "' c
2
I
I I
' I NOTES: 3 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE
~ BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202.
" ;:;-
" ' " 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH
ACCOMPANIES THIS EXHIBIT.
l • l
1 / CHRIS PLUMLEE &/
USA PLUMLEE 0 100
\
EXHIBIT "A"
\
) INST. NO.
20100624000646560 /
D.R.C.C.T.
4.1282 AC.
LOT 27
WOODLAND MEADOWS ADDmON
VOL C, PG. 713
M.R.C.C.T.
tm-.•mJ
HORIZONTAL SCALE IN FEET
SCALE: 1·=100'
LOT 26
WOODLAND MEADOWS ADDITION
HECTOR BERNAL &
//
N()53'52"W
334.01'
~
I I
JANICE BERNAL
INST. NO. 20060703000907110
S74"23'57"£ D.R.C.C.T. ~
21•65, 3.6902 AC.
POINT OF
REFERENCE BEARING
N74"23'57VV -13.33'
1/2" l.R.F. W/CAP
ASST. NO. 479
ASST. NO. 839
\
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PARCEL NO. 11
CITY OF ANNA, TEXAS
CHRIS PLUMLEE & USA PLUMLEE
PERMANENT SANITARY SEWER EASEMENT
BIRKHOFF, HENDRICKS & CARTER, L.L.P
PROFESSIONAL ENGINEERS Ju!y
2015 TBPE Firm No. 526; TBPLS Firm No. 10031800
11910 Greenville Ave~ Suite 600 Dallas, Texas 75243 (214) 361-7900