HomeMy WebLinkAboutRes 2018-03-416 Logsdon Eminent DomainCITY 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 ON AND UNDER 0.236 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 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, providing limited rights on and under 0.236 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
Property Code § 21.001 et seq., to the extent the provisions of such statutes are
applicable.
CITY OF ANNA, TEXAS RESOLUTION NO. q1& PAGE 1 OF 3
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
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
0.236 acres of real property (the "Water Line Easement"), held by Judy K. Logsdon
and/or others. Said approximate 0.236 acres of real property is generally aligned
and described as Parcel 35 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.
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 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 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 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 consistent with the appraisal(s), when appropriate, and to convey
the City's desire to acquire the Water Line 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.
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 identified in Section 2, above.
CITY OF ANNA, TEXAS RESOLUTION NO.ql(e PAGE 2 OF 3
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 13th day
of March, 2018.
ATTESTED: APPROVED:
F
City Secretary Carrie`L. Smith ;`�,�"� •:�Ni�Mayor Nate Pike
CITY OF ANNA, TEXAS RESOLUTION NO. 1I PAGE 3 OF 3
Judy K. Logsdon
9/22/2016
EXHIBIT "A"
FIELD NOTE DESCRIPTION
PERMANENT WATER LINE EASEMENT
CITY OF ANNA, TEXAS
Parcel No. 35
City of Anna
Being a strip of land for a permanent Water Line Easement 20 -foot width and being under, over and across a
2.144 acre remainder of a called 2.8246 acre tract of land located in the R.A. Johnson Survey, Abstract No.
0479, Collin County, Texas, Lot 22 of the Woodland Meadows Addition to Collin County, recorded in
Cabinet C, Page 713 of the Plat Records of Collin County Texas (P.R.C.C.T), conveyed to Judy K. Logsdon
by deed recorded in Instrument Number 20080721000883320, of the Deed Records of Collin County Texas
(D.R.C.C.T.), said strip of land being more particularly described as follows;
BEGINING at a point for corner, said point being on the south corner of said 2.144 acre Lot 22 Woodland
Meadows Addition, said point also being on the new east right-of-way line of U.S, Highway 75 (variable
width R.O.W.), and on the north right-of-way line of County Road 916 (60 -foot R.O.W.), said point bears S
61048'17" E, a distance of 67.26 feet from a 5/8" iron rod found in the old east right-of-way line of said U.S.
Highway 75;
THENCE, N 07°37'14" E, departing said common property line and the north right-of-way of said County
Road 916, along the said new east right-of-way line of said U.S. Highway 75 and the west line of said 2.144
acre Lot 22 Woodland Meadows Addition, a distance of 93.55 feet to a TxDOT monument found for corner;
THENCE, N 14°57'58" E, continuing along the new east right-of-way line of said U.S. Highway 75, a distance
of 310.97 feet to a TxDOT monument found for corner;
THENCE, N 34°59'32" E, continuing along the new east right-of-way line of said U.S. Highway 75, a distance
of 154.56 feet to a point for corner, said point being on the north property corner of said 2.144 acre Lot 22
Woodland Meadows Addition, and on the south property corner of Lot 20 Woodland Meadows Addition, a
2.04 acre remainder of a called 2.217 acre tract of land, conveyed to Wendy Ferguson by deed recorded in
Instrument Number 20150608000673560, of the D.R.C.C.T., said point is also along the west line of an
easement conveyed to The State of Texas by deed recorded in Vol. 681, Pg. 378. of the D.R.C.C.T.;
THENCE, S 02°07'32" W, departing said new east right-of-way line, along the north property line of said
2.144 acre Lot 22 Woodland Meadows Addition, and along the south property line of said 2.04 acre Lot 20
Woodland Meadows Addition, also along said State of Texas easement, a distance of 34.91 feet to a point for
corner;
THENCE, S 48034'28" E, continuing along said north property line of said Lot 22, the south property line of
said Lot 20, and said easement, a distance of 1.06 feet to a point for corner;
THENCE, S 34°5932" W, departing the north property line of said 2.144 acre Lot 22 Woodland Meadows
Addition, and the south property line of said 2.04 acre Lot 20 Woodland Meadows Addition, also departing
said State of Texas easement, being at all times a 20 -foot perpendicular distance from and parallel with the
west property line, and the east right-of-way line of said U.S. Highway 75, a distance of 121.59 feet to a point
for corner;
THENCE, S 14°57'58" W, being at all times a 20 -foot perpendicular distance from and parallel with the west
property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and the new east right-of-way line of
said U.S. Highway 75, a distance of 67.09 feet to a point for corner, said point being near the north side of an
existing barn;
H:\ProjeclsWtna\2016114 US75 Utility Relocations\Easement Plats\Descriptions\2016114 Parcel 35,doc Page I of 3
Judy K. Logsdon
9/22/2016
EXHIBIT "A"
Parcel No. 35
City of Anna
THENCE, N 74°39'03" W, along the north side of said barn, a distance of 9.64 feet to a point for corner, said
point being on the northwest corner of said barn;
THENCE, S 15°13'20" W, along the west side of said barn, a distance of 60.85 feet to a point for corner, said
point being on the southwest corner of said barn;
THENCE, S 74°47'46" E, along the south side of said barn, a distance of 9.91 feet to a point for corner;
THENCE, S 14°57'58" W, departing said existing barn, being at all times a 20 -foot perpendicular distance
from and parallel with the west property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and the
new east right-of-way line of said U.S. Highway 75, a. distance of 178.23 feet to a point for corner,
THENCE, S 07°37'14" W, being at all times a 20 -foot perpendicular distance from and parallel with the west
property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and the new east right-of-way line of
said U.S. Highway 75a distance of 99.77 feet to a point for corner, said corner being on the south property
line of said 2.144 acre Lot 22 Woodland Meadows Addition, and on the north right-of-way line of said
County Road 916;
THENCE, N 61°48'17" W, along the south property line of said 2.144 acre Lot 22 Woodland Meadows
Addition, and along the north right-of-way line of said County Road 916, a distance of 21.36 feet to the
POINT OF BEGINING, said permanent Water Line Easement containing 0.236 acres (10,257 square feet) 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 09/15/2016.
3. An Easement Plat of even date herewith
accompanies this Field Note Description.
Gary C. Hendricks, P.E., R.P.L.S.
Texas Registration No. 5073
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600
Dallas, Texas 75243 jj l
11'
................................
GARY CLINTONHENDRICKs
.
5073 .,
� ''9�F o�P•rQ'
H:\ProjectslAnna\2016114 US75 Utility Relocations\Easement Plals\Descriptions\20161 I4 Parcel35.doc Page 2 of 3
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