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HomeMy WebLinkAboutRes 2016-10-241 Testamentary Easement CITY OF ANNA, TEXAS RESOLUTION NO. AMo . 10- , �1 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 0.038 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.038 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 0.038 acres of real property, more or less, and 0.038 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. 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 RESOLUTION NO. 0 ""10 � PAGE 1 OF 3 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 0.038 acres of real property (the "Water Line Easement'), held by Testamentary Trust c/o Addison Wilson III and/or others. Said approximate 0.038 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 0.038 acres of real property (the "Temporary Construction Easement"), held by Testamentary Trust c/o Addison Wilson III and/or others. Said approximate 0.038 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 Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. RESOLUTION NO. C .. I C,--If PAGE 2 OF 3 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 25th day of October, 2016. ATTESTED: APPROVED: 1/1 21r City Secretary Carrie L_ Smith ,,��`;�� . . �51?r Mike Crist AT. Exhibit A– Property Description RESOLUTION NO. ""w PAGE 3 OF 3 6f Foster Crossing Road tfater Line Parcel No_12 Testamentary Trust do Addison Gftlson IN 2!5/2016 EXfflB T"A" ITELID NOTE DESCRIPTION PERMANENT WATER LINE EASEMENT CITY OF ANNA,TEXAS Being a parcel of land 20 feet in width for a permanent water line easement in the R.C.Ingraham Survey,Abstract No. 464 and 0. Stark Survey, Abstract No.798, Collin County,Texas, and being over,under and across a called 25.08 acre tract of land conveyed to Testamentary Trust c/o Addison Wilson Ill by deed recorded in Document Number 20091215001497350 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= BEGINNING at a point for coiner, said point being in the common west property line of said 25.08 acre Testamentary Trust tract and in the east right-of-way line of State Highway 5(a 100-foot wide Texas Department of Transportation(TxD0'1) right-of-way), said point bears N 84°14'56" E, a distance of 380.72 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 a remaining 54.256 acre tract of land conveyed to J.Kevin and Lisa L.Kennedy by deed as recorded in Document Number 19940318000262320 of the D.R.C.C.T., said railroad spike also being the northwest property corner of a called 2.249 acre tract of land conveyed to Anna Highway S,LLC by deed recorded in Document Number 20121228001650330 of the D.R.C.C.T., and being the northeast property corner of a called 14.710 acre 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 D.R.C.C.T.,said point also bears S 3°08'44"E,a distance of 267.66 feet from a 112-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 said State Highway 5,said iron rod being the most easterly southeast property comer of said 54.256 acre J. Kevin and Lisa L.Kennedy tract and being the most southerly property corner of a called 3.533 acre tract of land conveyed to Calvary Baptist Church of Amra, Texas by deed recorded in Document Number 20140609000578060 of the D.R.C.C.T.; THENCE S 71°12'26"F, departing said common property and right-of-way line,a distance of 39.66 feet to a point for corner; THENCE S 89"13'04"E,a distance of 42.42 feet to a point for comer,said point being in the common east property line of said 25.08 acre Testamentary Trust tract and west right-of-way line of a called 29.700 acre tract of land conveyed to the Dallas Area Rapid Transit(DART)by deed recorded in Document Number 200306200001165050 and Volume 5443,Page 5532 of the D.R.C.C.T.; THENCE S 18°47'34"W(N 19°50'00"E per recorded adjoining TxD©T right-of-way map Control Number 47-4-3), along said common property and right-of-way line,a distance of 21,03 feet to a point for corner; THENCE N 89°13'04°W,departing said common property and right-of-way line,a distance of 39.09 feet to a point for corner; THENCE N 71°12'26"W,a distance of 42.83 feet to a point for corner,said point being in the west property line of said 25.08 acre Testamentary Trust tract and in the east right-of-way line of said State Highway 5; H Mi.—e-A.,0201510C W, t MaAD—iptioeW-0I?-Tcsnmavay Test m Add—�M..11f.doee Page I qf3 �r � _..2 W Fasior Crossing Road Water Line Parcel No. 12 7'estetmewai),Krust c/o Addison 11,71-von 1// 21512016 EXHIBIT "A" THENCE, N 1,9047'34" 1- (N I9"50'00" F per recorded adjoining =il 'I'XD0j- right-of�way n1ap), along said common property and right-of-umy lice, a distance of 20.00 feet to the POINT OF BEGI-N-NING, said permaneO water line east-,nicuit canuviuing 0.038 ilclrc of land,more or less. Also,a 20 lbol Temporary Construction basemen(being to mid lmyallel wiiii(tic north (cgs of (lie above dt-scribud pey-mancril water line easement and containin.,0,038 acre,of kiild,movo,ul-tQss, Der&P.Chaney,P.E.,R.P.L.S. F I Bearings and distanct2s cited in this Field Texas Registration No,6523 note descrilitioa are bosed on the Texas Birkhof(11,3ndricla,&Cirm-,L.L.T. State Plane Coordinate Sysdefn,NDW-83, TBI LS Finn No. 100313-00 DEREK 0. CHANEY ............ Texas Noffli Central Zane 4202, 11910 GxeeuvMQ Ave.,Suite,600 23 Datias,'re,,,as 75243 2. 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