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Home My WebLink AboutRes 2015-10-112 Tubbs Temp Sewer Easement.pdfCITY OF ANNA, TEXAS RESOLUTION NO .. ·AO/r) ..... /0 (Tubbs 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 0.064 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.166 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 0.064 acres of real property, more or less, and 0.166 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 0.064 acres of real property (the "Sanitary Sewer Easement"), held by Kerry B. Tubbs and wife Gwendolyn M. Isett-Tubbs and/or others. Said approximate 0.064 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 0.166 acres of real property (the "Temporary Construction Easement"), held by Kerry B. Tubbs and wife Gwendolyn M. Isett-Tubbs and/or others. Said approximate 0.166 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 RESOLUTION NO .. }t rr 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 sequenc~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, T,exas, this 13th day of October, 2015. ATTESTED: /l ,', CITY OF ANNA, TEXAS RESOLUTION NO.AC/ PAGE 3 OF 3 EXHIBIT II A II CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT Parcel No. 12 5/12/2015 ACROSS PART OF LOTS 28 & 29, WOODLAND MEADOWS ADDITION Being a strip of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and being over, under and across part of Lots 28 and 29 of Woodland Meadows, an addition to the City of Anna, recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, and being a 4.999 acre tract of land conveyed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs by deed recorded in Instrnment No. 20050620000814000 (also recorded in Vol. 5943, Page 1524) 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 prope1ty line of said 5.00 acre Tubbs tract, said point being in the south property line of Lot 27, said Woodland Meadows Addition, said Lot 27 also being a 4.1282 acre tract of land conveyed to Christ Plumlle and Lisa Plumlle by deed recorded in Instrument No. 20100624000646560 of the D.R.C.C.T., said point bears S 57°39'13" E, a distance of 48.92 feet from a 'T' post found, in the north property line of said 4.999 acre Tubbs tract and in the south property line of said 4.1282 acre Plumlle tract, said point also bears S 19°30'10" E, a distance of 435.07 feet from a 1/2-inch iron rod found with cap in the north property line of said 4.1282 acre Plumlle tract; THENCE N 89°43'01 11 W, departing the north prope1ty line of said 4.999 acre Tubbs tract and the south property line of said 4.1282 acre Plumlle tract, a distance of 37.67 feet to a point for comer; THENCE N 57°39'13 11 W, a distance of 116.05 feet to a point for a corner, THENCE N 06°53'52 11 W, a distance of 25.82 feet to a point for corner, said point being in the north prope1ty line of said 4.999 acre Tubbs tract and in the south line of said 4.1282 acre Plumlle tract; THENCE S 57°39'13 11 E, along the nmth prope1ty line of said 5.00 acre Tubbs h·act and the south line of said 4.1282 acre Plumlle tract, at a distance of 115.40 feet passing said 'T' post found, continuing in all a distance of 164.32 feet to the POINT OF BEGINNING, said Permanent Sanitmy Sewer Easement containing 0.064 acres of land, more or less. Also, a 30 foot Tempormy Construction Easement being immediately adjacent to the southern legs of the above described permanent sanitmy sewer easement and containing 0.166 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 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 60~0 Dallas, Texas 75243 fl ;;:n Phone: 2l4-378~~tf o"v/ H:\Projeets\Annn\2014144 Tlu-ockinm1on Tnmk Sewe1,Enscment Plats\Descriptions\ l 2-Kerry-Gwendol)11 Tubbs Parcel No 12.docx Page 1 o/2 ...... ...... ~/r~~ LOT 27 1/2" l.R.F • W/CAP EXHIBIT "A" ~'11.1\ ~)-. ~ CHRIST PLUMLLE & VQ l/Y ', LISA PLUMLLE, ~L • ~ ~ INST. NO. !II ~ , OL<i. ft 20100524000646560 ~Oa. /A# "-Q"Q 4.1282 AC. 'U( ~ ''3'f • /.i ~ WOODLAND MEADOWS ADDITION ~ ~~~ ~e cf. ............ 55739·13"£ ~ ~ ()~""' ~ '(,)':_ ~ ............. 164.32' ~ \ ~ ·~ # 7. '}'; .............. 8 ··1 ~.9.9"~0 ~ ~ U~~ No53'52"W, ~ ', :9 -1, .;-1$;'0 ~('\ 25.82. ~ ~-. ~,, \J" ...... ? ~· ~ PART OF LOTS 28 & 29 0 :: WOODLAND MEADOWS ADDITION ~ , ' VOL. C, PG. 713 ~ ' ii I(_ A M.R.C.C.T. ; j 11~ 2 ' i:;;; ' ROBERT A. JOHNSON SURVEY ASST. NO. 479 .JQa CONSTRUCnON EASEMENT 0.166 ACRES (7,212 S.F.) ~ \ \ \ EZRA SHELBY SURVEY ASST. NO. 839 ---:_r------------------------------------- --- ----- REFERENCE BEARING S19"30'10nE -435.07' I REFERENCE BEARING S5/39'13nE -48.92' JACK L BROWNINGS & WIFE, BARBARA K. BROWNINGS INST. NO. 19991020001290710 VOL. 4525, PG. 0583 D.R.C.C.T. POINT OF 2.236 AC. . r------ O> O> r-. I"') "<f" 00 c) 0 z z BEGINNING -~------~ ~ ;;:: 20 1 PERMANENT SANITARY SEWER EASEMENT ~ N5739'13"W !§ I 116.0S' f;;! k ~ ~ $! $! GERALD RAY DAVIDSON INST. NO. 20020405000502240 D.R.C.C.T. I I I 5 "' ,.,,. g ~ le <> .. 2 :i. ;: ' ' 0 . 100~ tm-.-.J HORIZONTAL SCALE IN FEET SCALE: 1·=100' 0.064 AC. (2,804 S.F.} ' ' "" NOTES: . J{b: "\ <c-.9..f../ ~1 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE / ~~··tj~.\STe4{-f":""1 ~ BASED ON THE TEXAS STATE PLANE COORDINATE <:o/~ * o···.~Q) SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 420-// ~ . J .... : ••.................... : .... n r_v; f \ "".:/ DEREK 8. CHANEY (.j (:} ~ 9:: ;:i:; CJ' /.;;::. 2.236 AC. --. I PARCEL CITY OF ANNA, TEXAS .d I I 2 KERRY B. TUBBS & WIFE, GWENDOLYN M. ISEL T TUBBS PERMANENT SANITARY SEWER EASEMENT ; 2. FIELD SURVEYS WERE CONCLUDED ON MARCH 20, 2015. o<; Irv ~ 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH BIR.KHOFF, HENDRICKS & CARTER, L.L.P. M 1i'l ACCOMPANIES THIS EXHIBIT. PROFESSIONAL ENGINEERS ay ~ TBPE Finn No. 526; TBPLS Finn No. 10031800 2Q1 "" 11910GrccnvillcAvc.,Suitc600 Dallas, Texas75243 (214)361-7900 5 Page2of2