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Home My WebLink AboutRes 2015-10-111 Spencer Temp Sewer Easement.pdfCITY OF ANNA, TEXAS RESOLUTION NO., Q(,j:5 ~ /0,~ (Spencer City Easement) 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 0.151 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.213 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 0.151 acres of real property, more or less, and 0.213 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 0.151 acres of real property (the "Sanitary Sewer Easement"), held by Shane Spencer and Crystal Spencer and/or others. Said approximate 0.151 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. 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 0.213 acres of real property (the "Temporary Construction Easement"), held by Shane Spencer and Crystal Spencer and/or others. Said approximate 0.213 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. 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 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 CITY OF ANNA, TEXAS PAGE20F3 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. ATTESTED: 1 APPROVED: '''''" 111111,,,, ,,,,, 0 F 11111. ;(~''A-"{ Al Jl. ".1.z £ " 1, / • • .... ~,,,,. /./: ;.· (( ;(f,,0~);~YA.% I / ~/ Jr/ -;:o;;;;; : \ T -:; ( A I 'iju: c / ) ./,· nJ:: t/f-: i ~ -===---------:=------ City Secretary, Carrie L. Smith %: * ~. } *~yor, Mike Crist ~ &., •• ~ ~* .... ..•**S" ~ "'"'······ ·~ ".11,111: E:X A. S,,,,,,-.." l///f i111 llll \I\\ CITY OF ANNA, TEXAS RESOLUTION NO,: .'Jt. /1 PAGE 3 OF 3 CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS THE PROPERTY OF SHANE SPENCER AND CRYSTAL SPENCER Parcel No. 6 09/1/2015 Being a strip of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, both of Collin County, Texas, and being over, under and across a 5.612 acre tract ofland conveyed to Shane Spencer and Crystal Spencer by deed recorded in Instrument No. 20120727000917890 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 20-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows: BEGINNING at a point for comer in the north property line of said Spencer tract, said point being in the south property line of a 4.192 acre tract of land conveyed to Gary K. Verner and wife Ronna Walker Verner by deed recorded in Instrument No. 19971124001000720 of the D.R.C.C.T., said point bears S 50°32 142" E, a distance of 454.12 feet from a 1/2-inch iron rod found at the northwest property corner of said Spencer tract and the southwest corner of said Verner tract, said iron rod also being on the right-of-way line of Conway Road Cul-de-Sac, said point of beginning also bears S 45°18'4 7" E, a distance of 469 .40 feet from a 1-inch iron pipe found at the northwest corner of said Verner tract and in the right-of-way line of Conway Road Cul-de-Sac; THENCE S 50°32'42" E, along the north property line of said Spencer tract and along the south property line of said Verner tract, a distance of 20 .15 feet to a point for comer; THENCE S 32°31 132 11 W, departing said Spencer tract north line, a distance of 160.38 feet to a point for a corner; THENCE S 47°38'13" W, a distance of 175.72 feet to a point for corner, said point being in the west property line of said Spencer tract and in the east property line of a 3.8505 acre tract of land conveyed to John Michael Petersen and wife Laura Jean Petersen by deed recorded in Instrument Number 19990730000955880 (also recorded in Volume 4465, Page 2630) of the D.R.C.C.T.; THENCE N 09°21 152 11 W, along the west property line of said Spencer tract and the east property line of said Petersen tract, a distance of 23 .85 feet to a point for comer; THENCE N 47°38 113 11 E, departing the west property line of said Spencer tract and the east property line of said Petersen tract, a distance of 160.08 feet to a point for comer; THENCE N 32°31'32" E, a distance of 160.16 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.151 acres ofland, more or less. Also, a 30 foot Temporary Construction Easement being immediately adjacent to and west of the above described permanent sanitary sewer easement and containing 0.213 acres ofland, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field surveys concluded on 03/20/2015. 3. An Easement Plat of even date herewith accompanies this Field Note Description. DerekB. 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 1" IRON PIPE FND. " " GARY K. VERNER & WIFE, RONNA WALKER VERNER INSTRUMENT NO. 19971124001000720 D.R.C.C.T. SHANE SPENCER & '-"-REFERENCE BEARING TRACT 1 4.192 AC. \. EXHIBIT "A" ROBERT A. JOHNSON /) SURVEY / ABST. NO. 479 ( POINT OF .... . "-/S45'18'47"E -469.40' .......... ~ CRYSTAL SPENCER '" INST. NO. J "-20120727000917890 "" -- \\ 5.612 AC. "'~ ---------. REFERENCE BEARING ~ ' S50'32'42•E -454.12' ' '\ ( CONSTRUCTlON £ASEMENT 0.21.J ACRES (9,297 S.F.} -~~ sw:NNtNI (/ \ I ' 20.fS' l/1 \ J ' ;.;;:, I \ ~----~~ S32'31~2iv 20> PERMANENT 160 • 39 ' SANITARY SEWER EASEMENT 0.151 AC. 6,564 S.F. ------~ N4738'1.J"£, P"""!~~jP"· TRIBUTARY OF -7- THROCKMORTON _/ ASST. NO. 47~------------~-----+--------~ ABST. NO. 839 JON MICHAEL PErERSEN & WIFE, NOTES: tAURA JEAN PErERSEN INSTRUMENT NO. 19990730000955880 (VOL 4465, PG. 2630) 3.8505 AC. CREEK 1 BEARINGS AND DISTANCES CITED ON THIS PtAT ARE • BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 2. FJELD SURVEYS CONCLUDED ON MARCH 20, 2015. 3. A FJELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. \ I I {"' I EZRA SHELBY SURVEY ASST. NO. 839 -........... 0 100 t;;-;a-mJ HORIZONTAL SCALE IN FEET SCALE: 1·=100' PARCEL NO. 6 CITY OF ANNA, TEXAS SHANE SPENCER & CRYSTAL SPENCER PERMANENT SANITARY SEWER EASEMENT BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TBPE Finn No. 526; TBPLS Finn No. 10031800 11910 Greenville Ave .• Suite 600 Dallas, Texas 75243 (214) 361-7900 August 2015 Page2of2