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Home My WebLink AboutRes 2016-10-237 Waterline easement Kennedy Tract 1CITY 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 0.274 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.273 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 0.274 acres of real property, more or less, and 0.273 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.,,) (f,; PAGE 1 OF 3 Kennedy Tract 1 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 0.274 acres of real property (the "Water Line Easement"), held J. Kevin Kennedy & Lisa L. Kennedy and/or others. Said approximate 0.274 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 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 0.273 acres of real property (the "Temporary Construction Easement"), held by J. Kevin Kennedy & Lisa L. Kennedy and/or others. Said approximate 0.273 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 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.",," F PAGE 2 OF 3 Kennedy Tract 1 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: O F ,��'%APPROV D: F f . a » f s F Cit Secretary Carrie L. Smith" ° ~ City y Mayor Mike Crist to Exhibit 110\00 RESOLUTION NO._ ,`t4- PAGE 3 OF 3 Kennedy Tract 1 IV.. Roster Crossing Road If'aterLine J. Kevin & Lisa L. Kennedy EXIfIBIT "A" FIELD NOTE DESCRIPTION PERMANENT WATER LINE EASEMENT CITY OF ANNA, TEXAS Parcel 11lo. 10 VV2016 Being two parcels of land (described herein as Tract I and Tract 2) 20 feet in width for permanent water line easements in the R. C. Ingraham Survey, Abstract No. 464, Collin County, Texas, and being over, under and across 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 Deed Records of Collin County, Texas, (D.R.C.C.T.), said two 20 -foot widepennanent water line easements being more particularly described as follows: Tract 1: BEGINNING at a point far corner, said pohrt being in the most westerly east property line of said 54.256 acre J. Kevin and Lisa L. Kennedy tract, and in the west property lire a called 1,304 acre tract of land conveyed to Penny Drawert and Martin Ramirez by deed recorded in Document Number 20020531000776760 and Volume 5180, Page 3392 of the D.R.C.CM, said point bears N 86°34'06" W, a distance of 582.59 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 Highland Road), said railroad spike being in the south property line of said 54,256 acre J. Kevin and Lisa L. Kennedy tract, said railroad spike also being the northwest property corner of a called 2.249 acre tract of land conveyed to Anna Highway 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 acre tract of land conveyed to Martlnette H. Lawson, Trustee and Lawson Living Trust by deed recorded in Document Number 2000041400038089 and Volume 4647, Page 2036 of the D.R.C.C.T., said point also bears S 74°02'07" W, a distance of 983.60 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 at the most easterly southeast property comer of said 54.256 acre J. Kevin and Lisa L. Kennedy tract and being at 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 89°29'41" W, being a 40 -feet perpendicular distance from and parallel to the south property line of said 54.256 acre J. Kevin and Lisa L_ Kennedy tract, a distance of 596.00 feet to a point for corner, said point being in the common west property line of said 54.256 acre J. Kevin and Lisa L. Kennedy tract and east property line of a remaining 67.3 L acre tract (called 154.31 acres) of land conveyed to ATC No. 9/81W Commercial, LTD. by deed recorded in Document Number 20151021001332960 of the D.R.C.C.T.; THENCE N 10055'32" E (N 10°12'46" E per recorded deed of said 54.256 acre J. Kevin and Lisa L. Kennedy tract), along said common property tine, a distance of 20.40 feet to a point for a corner; THENCE N 89°29'41" E, departing said common property line and being a 60 -feet perpendicular distance from and parallel to the south property line of said 54.256 acre J. Kevin and Lisa L. Kennedy tract, a distance of 595.30 feet to a point for corner, said point being in the commoa most westerly east property line. of said 54.256 acre J. Kevin and Lisa L. Kennedy tract and west property line of said 1.304 acre Penny Drawert and Martin Ramirez tract; THENCE S 8°5955° W (N 8°22'44" E per recorded deed of said adjoining 1.304 acre Penny Drawert and Martin Ramirez tract), along said common property line, a distance of 20.28 feet to the POINT OF BEGINNING, said permanent water line easement containing 0.274 acre of land, more or less in Tract 1. Also, a 20 foot Temporary Construction Easement being immediately adjacent to and parallel with the north leg of the above described permanent water line casement and containing 0.273 acres of land, more or less. (Field note description for Tract 2 begins on page 2) it^RvJ"kA.a10151U1w, Folia Cro:sng a.•asl lV aL'me�Ehunrnl Plals\LZjpipparRU't�c<I 1"7Ktlin&Luf-KMv4AyAc..j Pagel of4 W Foster Crossinglioad Wafer Linc+ Parcel Ayo. 10 J. Kevin & Lisa L. Acvnnedy 2/511A16 EXIAMIT "A" T act')' BEGh1NfNG at a point for confer, said point being in the easl property Jine of said 54.256 acre ,f. Kevin and Liszt L. Kennedy tract, and in tate west right-of-way line of'said State Highway 5, said point boars N 82°11'58" E, a diytnncc. of 275,416 feet from said railroad spike found at the ecntcrline intersce6on of said County Road 366 and said County Road 365, said point also bears S 18°47'34" till, a distance of 283.11 feet front said 1/2 -inch iron rod found in the intersection of the centerline of said County Road 1123 and the west right-of-way line of said State Highway 5; TIIEI\fC_F N 89"27'03" W, being a 404eet perpendicular distance from and parallel to the. south. property lirie of said 54,256 acre J- Kevin and Lisa L. I{-ennedy tract, It distance ol'272.91 reet to a point for corner; •1.1- ENCI; S Y9"29'111" W, conti.nring at a 40•d`eet perpendicular distance from and parallel to the south property lute of said 54.256 acre J. Kevin and Lisa L. Kennedy trael, it distauce of 374.48 feet to a point for comer, said point being; on die eotmtlon most easterly west property line of said 54.2.56 arse J. Kevin and Lisa L. Kemicdy tract and east property line of said 1.304 acre Penny Drawer. and Ntartin Ramirez tract; THENCE N 14034'59" r (S 14002148" «per recorded deed of said adjoining 1.3)L1 acre Penny Drawert and Martis Ramirez tract), along said connrton property line, a distance of 20.72 feet to a point for a center: THENCE N 89°2011" E, departing said common property line and being a 60 -feet perpendicular distance from and parallel to the south property line of said 54.256 acre J. Devin and Lisa L, Kennedy tract, a distance of 369.24 feet to a point for comer; THE WCE S 84°2703" L, coutinning at a 60 -feet perpGridicular distance F ora and parallel to the south property line of said 54.256 acre 7. Kevin and Lisa L. Kenmedy tract, a distance of 210.71 foot to a point for courier; TI:T_L'PICE, N 66°02'34 L, a distance of 213.18 feet to a point for confer; TILFNCE N 10"117134" E, being a 20 -feet perpendicular distance from and parallel to the east property line of said 54.256 acre 1. Devin and Lisa L. Kennedy tract, a distance of 10.2.5 feet to a point For corder; THF.NCF ,S 71°12'_26" E, a distance or 20.00 feet to a [point for comer, said point be.big in the east property line of said 5,1.256 acre J. Klevin and Lisa L, Kennedy tract and in the, west right.•-of,,way line of said State Highway 5; TIJENCH, a 18"47'311" W (S 18"10'00" W per recorded deed ofsaid 54.256 acre J. Kevin and Lisa L. Kennedy tract), along said cast property line, a distance of 34.84 fuel to the T"OfidT OF BEG11\11,1ING, safd pe)-mliteat water flue oasenfent containing 0.307 arse of Innd, snare or less in 'Tract 2, and a total of 0.581 acre of land._ more or less in Traces I and 2. Also, a 20 foot Temporary Construction F.asentant being inimediately adjacent (o rind partAlel with the north and ,vest lags of the above described pelm.anent water line easement and containing 0.306 acre of land, more orless, 11;+14n;c•:4s�Anna'h)li lU) l4. Po;la !'nainU Rnnl p/.ecr Lin•�1a,nnem i'Isit D.a_.ipiivrsl'uc-a 144. Kc.k Y.• i,i;-t 1. t:arcdy.d! ca Page 2 Derek B, Chaney, P.E., R..P.L. S. ` C;U`rF `ice 1. Fearing., ant! distances cited tf tl.is field Texas Registration Ho. 65.23 ,,,.: �h�� GiS rEaj. � t n.ohedr-seriptioit are based on the Texas Birkhoff, Elendl-icks & Carter, L --.P. r1: State Platte Coordinate System, NAD -83, TBPLS Firm No_ 100318-00 1 oar-tttc B. GEinivEv TI :gas North Cental Zone Q02. It910 Greenville Me., Suite 000 Dallas, Toxas r'•" ................./,. ss2o ��jt2• 1. Field 51fIVey concluded on �UPlISt 5, 2(I15. /5243 �p Phone: ;? I=1-361-7900 i i � vjt•`^,;t'pFLy itj�1� ��b 3, An Easement Plat even date herewith SUC�`f� of accompanies this Field Note Description,�- � d 11;+14n;c•:4s�Anna'h)li lU) l4. Po;la !'nainU Rnnl p/.ecr Lin•�1a,nnem i'Isit D.a_.ipiivrsl'uc-a 144. Kc.k Y.• i,i;-t 1. t:arcdy.d! ca Page 2 i ` s{ IT, . (3-'• � fs r [Y�,$)FrlsY� �!�t p�jl��ri��l-,�`_ � � •� � � r s � � v Lpq�`j��1sO� IS 4y 6-1 aj \j s � �•yD- c5 t� 'c3 Lv t_ �' _ __ —_ S� F mto rW� \ tI 4ci m e !, 1L T ' IAC ( It tr, w co t7 CJ Y-t 4, r �� I U' c! gl r O 'a4�,' �• ro-' of ry rn �� ra I; a I A!.-'•�3 I � ray o o t i rn q �! ,yC), I W s o '�! O Q N U NOti� ` 0to nuc °v I L�3� Enfa�iwci.f` w cv An tIPi :!i ooo r. o a u? d v" °----a"'i• ` R-! I4� aQ:U) Vi C0 i co ,yt L� r ¢,. z I n so 4 Cj kq Ly 11A IF B - CLD to Y ny u..� o uc cov 14csJ'fil 1 1731N�) 59 _ i� ! J cl r 1' P! OZ022to0IIOl10197 'ON '7OQ 3EJPOip i � Ln va f� e� ! �? 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