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Home My WebLink AboutRes 2023-07-1494 Aquisition of Permanent Water Line Easement- 0.168 AcresCITY OF ANNA, TEXAS RESOLUTION NO. 20A05-04- lygy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.168 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 water lines and associated appurtenances to meet the public need to provide water 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 water line easement not now held by the City of Anna for such water 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 water line easement, providing limited rights on and under 0.168 acres of real property, more or less, said tract being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of water lines and related appurtenances, 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, and to comply with all other applicable law. CITY OF ANNA, TEXAS RESOLUTION NO. g 23 - O-4 - 14 q PAGE 9 OF 7 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 law. Section 2. Easements to be Acquired (a) The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.168 acres of real property (the "Permanent Water Line Easement'), held by Kennedy 2012 Investment Trust and/or others. Said approximate 0.168 acres of real. property is generally aligned and described as shown 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 water line easement to be acquired. 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 Permanent Water Line Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines and related appurtenances. 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 Permanent Water Line 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 Permanent Water Line Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner's Bill of Rights prepared by the Office of the Attorney General of Texas, 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 Permanent Water Line Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Permanent Water Line Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and CITY OF ANNA, TEXAS RESOLUTION NO. 20A 3 - 0:7 - 1149 L; PAGE 2 OF 7 take all necessary actions in such proceedings to condemn and acquire the Permanent Water Line 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 Permanent Water Line Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this aay of 2023. ATTESTED: APPROVED: Pike, CITY OF ANNA, TEXAS RESOLUTION NO. ;ZG .1'3- O-q - 149 Li PAGE 3 OF 7 Exhibit A FIELD NOTE DESCRIPTION 15-FOOT PERMANENT WATER LIME EASEMENT CITY OF ANNA, TEXAS Being a 15-foot wide Permanent Water Lino Easement, and being under, over and across a tract of land located in the R.C. Ingram Survey, Abstract 464, City of Anna, Collin County, Tcxas, bcing the same called 55.56 acre tract of land conveyed to Kennedy 2012 Invesattent Trust, by a deed now of record in Instnunent Number 2019-03 11M2.63910, of the Official Public Records of Collin County. Texas (OPRCCT), said 154001+vide Permanent Water Line Easement being more particularly described as follows: BEGINNING at a point for corner, said point being at the north line oran existing 20-foot water 1 inc emnent, said point also being on the new west right-of-way (ROW) line of State Highway 5 (Powell Parkway) (a variable width TxDOT ROW). said point also bearing S 21°0649" W, a distance of 593.54 feet from a 518-inch iron rod with pink TxDOT cap found on the new west Row line of State Highway 5; THENCE., N RV2703" lilt, departing the new west ROW line of State Highway 5, and being akxtg the north line ofsaid 20-foot water fine easement, a distance of 15.79 feet to a point for corner, THENCE, departing the north line ofsaid 20-foot water line easement, and being at all tines parallel with, and 15-foot perpendicular distance from new west ROW line of State Highway 5, the following calls for course and distance: N 18'42'08" E} a distance of 298.63 feet to a point for corner, N 23°27'58" E, a distance of 209.72 feet to a point for corner, said paint beuig on die centerline ofC:11 423, and being of the north line of said Kennedy tract and also being on the south line of tract of land conveyed to Calvary Baptist Church by a deed now orrm rd in Instrument Number 2019- 0626000741720, OPRCC711; "ENCE, S W-45'32" W, alone the centerline of said C'R 423, the north line of said Kennedy tract and being the south line of said Calvary Baptist Church tract, a distance of 39.96 feet to a point for corner, said point being on the said new west ROW line of State Highway 5; THENCE, departing the ecvtcrline of said CR 423 and the ntmlt line of said Kennedy tract, and being along the said new west ROW line efState Highway 5, the following calls for course and distance: S 23°27'58" W. a distancc of 172.25 feet to a 5/8-inch iron rod with pink TxDOT cap found for a corner, Exhibit A S 18142'08" W, a distanec of S93.54 fret to the POINT OF BEGINNING, mid IS -foot wide Permattent Water Line Easement containing 0.168 acne (7196 square feet) of land, more or less Notes: I .Bearings and Distances are based can the Texas Statc Plana Coordinate System, MAD-93, Texas Nash Central Zone 4202. 2.Ficld surveys concluded on 031241202? 3A graphic exhibit of even elate herewith accompanies this field note dc*criplion 4.New right-of-way (R-0A 1.) determined based on TxDOT R.D.W. map for SH 5 prepared by Lamb -Star Engineering, Bated 2019 PRE LTNT INAIRY Ttta doataml shall. wo bt toonnacd for AnV FUgtMU Mad Sba[I twt ba used m ciouvd or rc4kd arm as a trot unvy Uarrk It. 0& r, R l'L5. TM$ Rcgisfmfm No 65B Dnee::sepeaMIW 201 S Derek B. Chancy, P.E., RAL.S. Texas Rcgisimlion No. 65'3 Birkhuff� Hendricks & Caber, L.L.P. TBPELFirm No. 10031800 11910 Cre anvil It Avenue, Suite 600 Dallas, 'Texas 75243 Phone 214-361-7900 1 R.C. INGRAHAM `�ABSIWTCi 464 IAEL—HWY 5, LLC CALLED 1.14 ACRES INST. NO. 202t11,-11116002339690 `-EYISBNG 20' WATER LINE EASEMENT 'NB977W'# EXHIBIT "A" PAGE 3 OF 3 KENNEDY 2012 INVESTMENT TRUST CALLED 55.56 ACRES INST. NO. 2019-0313000263910 1 INCH . OD FEET PO/NT OF srar2zlew� - — 5 NEw R.O.W.-g''2rsewf o , \ BEG/N 11NG X109 REFERENCE BEARING r72ar�3 j I S21'06'49`0 - 593.54' C ¢• �I APPROXMATE yJ C1, ABSTRACT LIE STATE HIGHWAY 5 (POWELL PKWY.) rnt (VARIABLE WIDTH TxDOT R.O.W.) 0 a w ACRE 5/e• IRF- (7,796 S.F.) TXDOT PINK sm,4572w I. iENIVG !Ia LISTAYRS OIFI) IN MA I WT L£WIRDY NE 8� QV i!I[ TEtA4 QRR PINE oxow,IF :ry;mA NID-6). lFws NMIR :o�i x 20VE S1% 1 A iffiD MQR Q�N CF G9! CtTf NAFMTI &L]IWOJES MIS FRENC .. N1 QxI� R6EC=m' Ir we PPO.T P3011c imm ma Q 6gL.v fq. Nwl iE%l5 (CPRD'D. ] �r woc�r--vwr h.R�.T OF>eane4P awn or. OLD R.O.W.\ �'�" XMkTE ABSTRACT LURE CALVARY BAPTIST CHURCH INST. NO. GRAND ERSON STARk 2019-0626000741720 SURVEY .ABSTRACT 79R P R E L I M I N A R Y THIS DOCUMENT S)qL NOT BE RECORDED FOR ANY PURPOSE AND 94ALL NOT BE USED OR MEWED OR RELIED UPON AS A MNAL SURVEY DOCUMENT. DEREK B CHANEY, R.P.LS. TDM REGISTRAMN NO. 6523 DATE- Oc"o 7022 PARCEL NO, 4 I CITY OF ANNA, TEXAS I KENNEDY 2012 INVESTMENT TRUST I 15' PERMANENT WATER LINE EASEMENT 8 C'ARTER, LI-P. I October 7CcCccl—Eii FEIPII. 1003I110G 2022 T.iM3 f`111361-TY00 m x s