HomeMy WebLinkAboutRes 2017-04-312 Public necessity .096 Acres LuscombeCITY 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 0.096 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.,
CITY OF ANNA, TEXAS RESOLUTION NO ��` 1. I 'Its PAGE 1 OF 3
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 the Joan Leslie
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 the Joan Leslie 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.
CITY OF ANNA, TEXAS RESOLUTION NO 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 April, 2017.
ATTESTED:
City Secretary, Ca
Smith
, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. li,� � i' C ` 1,- A PAGE 3 OF 3
W. Foster Crossing Road Water Line
Joan Leslie Luscombe
EXHIBIT "A"
FIELD NOTE DESCRIPTION
PERMANENT WATER LINE EASEMENT
CITY OF ANNA, TEXAS
Parcel No. 5
2/512016
Being a parcel of land 20 feet in width for a permanent water line easement in the E. Shelby Survey, Abstract No.
839, Collin County, Texas, and being over, under and across a called 1.00 acre tract of land conveyed to Joan Leslie
Luscombe by deed recorded in Document Number 20040511000686520 and Volume 5666, Page 1155 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 corner, said point being in the west property line of said 1.00 acre Joan Leslie Luscombe
tract, and in the east property line of a called 1.80 acre tract of land conveyed to James A., Jr. and Robyn L.
Luscombe by deed recorded in Document Number 20150427000472810 of the D.R,C,C.T., said point bears N
84"50'20" E, a distance of 209.67 feet from a capped 1/2 -inch Trod rod found in the west property line of said 1.80
acre James A., Jr. and Robyn L. Luscombe tract and an east property line of a called 11.159 acre tract of land
conveyed to Joan Leslie Luscombe by deed recorded in Document Number 20150318000293470 of the D.R.C.C.T.,
said iron rod also 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 20150427000472810,
said point also bears N 84°12'58" W, a distance of 209.76 feet from a 5/8 -inch iron rod found in the east property
line of said 1.00 acre Joan Leslie Luscombe tract and the west right-of-way line of Private Road 5302 (an existing
private variable width right-of-way) as described by deed recorded in said Document Number 20040511000686520,
said iron rod also being in the north right-of-way line of said County Road 366 as described by deed recorded in said
Document Number 20040511000686520;
THENCE N 0018146" E (North per recorded deed of said 1.00 acre Joan Leslie Luscombe tract), along said common
property line, a distance of 20.00 feet to a point for corner;
THENCE S 89041'14" E, departing said common property line and being a 40 -feet perpendicular distance from and
parallel to the south property line of said 1.00 acre Joan Leslie Luscombe tract, a distance of 208.80 feet to a point
for a corner, said point being in the east property line of said 1.00 acre Joan Leslie Luscombe tract and in the west
private right-of-way line of said Private Road 5302;
THENCE S 0°2647" W (South per recorded deed of said 1.00 acre Joan Leslie Luscombe tract), along said common
property line, a distance of 20.00 feet to a point for corner;
THENCE N 89041'14" W, departing said common property line and being a 20 -feet perpendicular distance from and
parallel to the south property line of said 1.00 acre Joan Leslie Luscombe tract, a distance of 208.76 feet to the
POINT OF BEGINNING, said permanent water line easement containing 0.096 acre of land, more or less.
Also, a 20 foot Temporary Construction Easement being immediately adjacent to and parallel with the north leg of
the above described permanent water line easement and containing 0.096 acre of land, more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD -83,
Texas North Central Zone 4202.
2. Field survey concluded on August 5, 2015.
3. An Easement Plat of even date herewith
accompanies this Field Note Description.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600
Dallas, Texas 75243
Phone: 214-361-7900,)
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