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Home My WebLink AboutRes 2017-01-264 Luscombe Negotiations on Waterline Easement CITY OF ANNA, TEXAS RESOLUTION NOJ01µi~c ','� �" 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 0.096 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 0.096 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 Res I� - c �4 Page 1 of 5 Lumscombe Negotiations 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 James A. Luscombe Jr. & Robyn L. Luscombe 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 0.096 acres of real property (the "Temporary Construction Easement"), held by James A. Luscombe Jr. & Robyn L. Luscombe 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 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. Res "I -() -,Ixo Page 2 of 5 Lurnscornbe Negotiations 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 10th day of January, 2017. ATTESTED: ~ APPROVE,D: P? 0 F City Secreta ry,"Carrie L. Smith N//Vayor, Mike Crist E. rx Res ('IX)V Ck "'A eA, Page 3 of 5 Lurnscornbe Negotiations W Poster Crossing flood Water Line Parcel No.4 .Mmes k'jr.&Robyn L.Luscombe 21512016 EXHIBIT"A" FICILD NOTE DESCRIPTION PERNIANENT WATER LINE, EASEM' CITY OF.ANNA,TE,-dS Being a parcel of land 20 feet in width for a pernititiont water line casement in the E.Shelby Survey,Abstract No, 839,Collin County,Texas,and being over,under and across a called 1.80 acre tract of'land conveyed to.tames A,, jr, and Robyn.L.Luscombe by deed recorded in Document Number 20150427000472810 of the Deed Records of Collin County, Texas, (D.R.C,C,T.), said 20-foot wide permanent water line casement being more priaicUlurly described as follows: BJ'Gf,N7\JTNG at a point for conier, said point being in the east property line of said 1,80 acre James A.,Jr. and Robyn L.Luscombe tract, and in the west property line of a called 1.00 acre tract of land conveyed to Joan Leslie Luscombe by decd recorded in Document 'Number 2004051 1000686520 and Volume 5666, Page 1155 of the D.R.C.C.T., said point bears N 84'12'58"W, a distance of 209.76 feet from a 5/8-itich iron rod found it) the cost property line of said 1.00 acre Joan Leslie Luscombe tract and tile west right-of-way line of Private Road 5302(an existing private variable widdi right-of-way) as described by deed recorded hi. said Document Number 20040511000686520,said iron rod being in the north right-of-way line of County Road 366 (an existing 40-foot right-of-way also known as W. Foster Crossing Road) as described by deed recorded in said Document Number 20040511000686520,said point also bears S 43"12'32"W,a distance of 291.96 feet from a 5/8-inch iron rod found in the northeast property cornet,of said 1.00 acre Joan Leslie Luscombe tract and on the west private right-or-way firm of said Private Road 5302,said iron rod also being at a southeast corner of a called 11.159 acre tract of land conveyed to Joan Leslie Luscombe by deed recorded in Document Nornlivc 20150318000293470 of the D.R.C.C.T.; THENCE N 89"41'14" W,departing said eortirnori property line and being a 20-feet perpendicular distance from and parallel to the south property line of said 1.80 acre James A,Jr. and Robyn L. Luscombe tract,a distance of 208.71 feat to a point for corner,said point being in the west property line of said 1.80 acre James A.,Jr.and Robyn L.Luscombe tract and in an cast property line of said 11,159 acro Joan Leslie Luscombe tract; THENCE N 0°18'46" E (Soutli per recorded(iced of said 1,80 acre James A,,Jr. and Robyn L. Lusconibe tract), along said coinjilon property line,a distance of 20.00 feet to a point for a corner; THENCE,S 89'41'14"E,departing said comnion property line and being a 40-feet perpendicular distance From and parallel to the south property line of said 1.80 acre James A.,Jr.and Robyn L.Luscombe tract,a distance ol'203.71 feet to a point for corner,said point being in the common property line of said 1,80 acre James A.,Jr.and Robyn L. Luscombe[tact and the said 1,00 acre Joan Leslie Luscombe(ract; THENCE S 0`1846" W(North per recorded deed of said 1.80 acre,James A.,Jr. and Robyo L. Losconibc.I roct), along said cora neon property line,a distance of 20.00 feet to the POINT OF BEGINNING,said permanent water line cascuicot containing 0.096 acre of land,more or less. Also,o 20 foot Temporary Construction Easement being immediately adjacent to and parallel with the north leg of the above described permanent water lino casement and containing 0.096 acre of land,more or less, kotos. Derck B.Chaney,P.E.,R_P.Llsll 1. Beiriagsartd distances cited in this field 'Texas Registration Ile,6523 C, .,R note description are based on the Texas Birkhoff,I-lendrioks&Carter,L.L.P. State Pfarto Coordinati-,System,NAD-83, TBFL8 Firm No. 100318-00 DEREK B. CHANEY Texis'North Central Zone,4202. 11910 Greenville Ave.,Suite 600 6623 2. Field survey concluded on August 5,2015: Dallas,Texas 75243 -Un'- Phone:214361-790(1)214361-790(1)3. An Easement Plat of even date herewith ,--y accompanies this Field'Note Description. 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