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Home My WebLink AboutRes 2016-10-236 waterline easement Drawert and RamirezCITY OF ANNA, TEXAS RESOLUTION NO. 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 AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.096 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.100 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 facilities 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 and temporary construction 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 and a temporary construction easement, providing limited rights on and under 0.096 acres of real property, more or less, and 0.100 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 water 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. RESOLUTION NO. ` C;' ; f; PAGE 1 OF 3 Drawer and Ramirez 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 water line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.096 acres of real property (the "Water Line Easement"), held by Penny Drawert & Martin Ramirez and/or others. Said approximate 0.096 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 water line 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 0.100 acres of real property (the "Temporary Construction Easement"), held by Penny Drawert & Martin Ramirez and/or others. Said approximate 0.100 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 Water Line Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water 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 Water Line Easement and the Temporary RESOLUTION NO. PAGE 2 OF 3 Drawer and Ramirez 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 Water Line 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 Water Line Easement and the Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Water Line 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 Water Line 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 Water Line 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 AND APPROVED by the City Council of the City of Anna, Texas, this 11th day of October 2016. ATTESTED: A WN- 1 OF q City Secretary Carrie L. Smith Exhibits` -�� °. �%"�... •°� \tib RESOLUTION NO.tt�r , Drawer and Ramirez r Mike Crist PAGE 3OF3 TV Foster Crossing Roar! IPafer Line Parcel No. 11 Penny Dralven &-MmYin Ramirez 21512016 EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT WATER LINE EASEMENT CI'T'Y OF ANNA, TEXAS Being a parcel- of land 20 feet in width for a pennauent water Iine easement in the R. C. Ingraham Survey, Abstract No. 464, Collin County, Texas, and being over, under and across a called 1.304 acre tract of land conveyed to Penny Drawort and Martin Ramirez by deed recorded in Document Number 20020531000776760 and Volume 5180, Page 3392 of the Deed Records of Collin County, Texas, (D.R.C.C.T.), said 20 -foot wide permanent water line easement being more particularly described as follows: BEGMWG ata point for corner, said point being in the common east property line of said 1.304 acre Penny Drawert and Martin Ramirez tract, and common most easterly west property line of a remaining 54.256 acre tract (called 55.56 acres) of land conveyed to J. Kevin and Lisa L. Kennedy by deed recorded in Document Number 19940318000262320 of the D.R.C.C.T., said point bears N 81°15144" W, a distance of 373.54 feet from a railroad spike found at the centerline intersection of County Road 366 (an east west road with a prescriptive right-of-way also known as W. Foster Crossing Road) and County Road 365 (a north -south road with a prescriptive right-of-way also known as Ilighland Road), said railroad spike also being in the south property line of said 54.256 acre J. Kevin and Lisa L. Kennedy tract, and being the northwest property corner of a called 2.249 acre tract of land conveyed to Anna I3ighway 5, LLC by deed recorded in Document Number 20121228001650330 of the D.R.C.C.T., and also being the northeast property,corner of a called 14.710 acro tract of land conveyed to Martinette, H. Lawson, Trustee and Lawson Living Trust by deed recorded in Document Number 2000041400038089 and Volume 4647, Page 2036 of the DXC.C.T., said point also bears S 71°16'08" W, a distance of 774.33 feet from a 1/2 -inch iron rod found at the intersection of the centerline of County Road 423 (a north south road with a prescriptive right-of-way) and the west right -of --way line of State Highway 5 (a 100 -foot wide right-of-way), said iron rod being the most easterly southeast property corner of said 54.256 acre J, Kevin and Lisa L. Kennedy tract and the most southerly property corner of a called 3.533 acre tract of land conveyed to Calvary Baptist Church of Anna, Texas by deed recorded in Document Number 20140609000578060 of the D.R.C.C.T.; THENCE S 14039'59" W (S 14"02148" W per recorded deed of said 1.304 acre Penny Drawert and Martin Ramirez tract), along said common property line, a distance of 20.72 feet to a point for corner; THENCE S 89°29'41" W, departing said common property line and being a 40 -feet perpendicular distance from and parallel to the south property line of said 1.304 acre Peruty Drawert and Martin Ramirez tract, a distance of 207.10 feet to n point for a comer, said point being in the common west property line of said 1.304 acre Penny Drawert and Martin Ramirez tract and most westerly east property line of said 54.256 acre L Kevin and Lisa L. Kennedy tract; THENCE N 8"59'55" E (N 8°22'44" E per recorded deed of said 1.304 acre Penny Drawert and Martin Ramirez tract), along said common property line, a distance of 20.28 feet to a point for corner; I0P.j.n,AA—,itmsIAM. FWr—in+PJA.W—iplf—U�—)II-P—yn—a&ri,":,"Amr.ac Page tof3 ll•; Foster Cro sing Road WalerLrrte Pemkv Drawer/ &iWarda Ramirez EXWBI "A" Parcel IYa, I1 2/5/2016 'fllENC:E 1st 89"29'4t" E. departing said common property line and being a 60-fect perpendicular distance from and parallel to the south property lice of said 1,304 acre Pearly Drawert and Martht Ramirez tract, a distance of 209.18 feet to the POINT OF BEGINNING, said permanent water line ensement containing 0,096 acre of land, more or less, Also, a 20 foot Temporary Construction Eascmeat being immediately adjacent to and parallel with the north leg of Ute above described permauen( water tine easement and contaiaing 0.100 acre of land, more or less. 1. Bearings mid distances cited in this field Ltt•rck 13. Chaney, "P,1;., R,P.L.S. Texas Registration OF T� = �, No. 6523 note description are based on the Texas Pirldtoff, flett.dricks & Carter, L..L.P n State Plac Coordinate System, MA -D-93, TBPLS Fimt No. 100318-00 p�j.pi."�;'......... Texas North Central Lone 4202. l 1910 Greenville Ave., Suite 600 � 6523 2. Field s tvey concluded on Aitgtst S,101�' Dallas, Texas 75213 Phone: 2 {f p°rrssto� t� 'L(j' ..,..... t 3, Art Easemottt Plat of. even date herewith�- (4,961-7900 i aeeompanier this Field Note Description !i� I n:+rrnfzc,dnra�Otsiv3 vi,ro Cosa.,,ao_ew,i.rt.t,..e;,u„irt3.,riz„tr,,tn,ar.,,rati-r o,.<,i;are;,r,i+::Ra,o.a« P,net.nj3 d v Y" a ci T a \ (t9 •� a 16 o d Rl a 1�c517 1 w� Mti wje lLlCI ra bi e r F ao to u i f J `o R L n In ry N U U IniU a:N 1—JO tyi t do i7-, a "' E 0 12 -81 LI r. 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