HomeMy WebLinkAboutRes 2021-01-853 Easement Abandonment Anna Crossing 4BCITY OF ANNA, TEXAS
RESOLUTION NO. a0jj" Qj&- 6 20
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE EASEMENT ABANDONMENT DOCUMENTS FOR THE
ABANDONMENT OF ACCESS EASEMENTS AND DRAINAGE EASEMENTS IN
PHASE 4B OF ANNA CROSSING SUBDIVISION AS SHOWN IN EXHIBIT "A"
ATTACHED HERETO; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the developer of Anna Crossing dedicated access and drainage easement
to the City of Anna for temporary purposes as other phases of the project were developed;
and,
WHEREAS, the Developer has now constructed the necessary infrastructure in Phase
4B of Anna Crossing Subdivision to allow for the access and drainage easements to be
abandoned; and,
WHEREAS, the City has determined that the existing access and drainage easements
are no longer required to provide public access and public storm drainage for the Anna
Crossing development; and,
WHEREAS, upon execution of the easement abandonment documents the Developer
shall file the documents in Collin County for record in the Public Records; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT2
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Manager is hereby authorized to execute the easement abandonment
documents as shown in Exhibit "A" attached.
PASSED AND APPROVED
day of January 2021.
lk
by the City Council of the City of Anna, Texas on this I,�
ATTEST: APPROV
.•y - i
City Secretary, Carrie L.8+�+" J' . • * Mayor,
►Fila�liT
Exhibit "A"
tsozoosneosoo�
ATC Hayslett Lot Venture, LTD: CttyofAnna
Turnaround Abandonment of Easement - ACL v. t (002)
AFTER RECORDING RETURN TO:
ATC HAYSLETr LOT VENTURE, LTD,
8214 Westchester STE 900
Dallas, Texas 75225
NOTICE Ol+ CONFIllENT1ALiTY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
ABANDONMENT OF EASEMENT
The C[TY OF ANNA, a Texas Home Rule Municipal Corporation (dre "City"), as successor in interest of
ATC HAYSLETT LOT VENTURE, LTD. ("ATC'), does hereby abandon the temporary turn -around easement (the
"Abandoned Easement') described in the Instrument Document dated January 251h , 2016, and recorded under Clerk's
File No. 20160311000290420, Public Records, Collin County, Texas.
The purpose fits e Abandoned Easement was to provide access to the dominant tenement owned by ATC
(the "Aarninant Tenennen, ), which the City subsequently acquired and presently owns. The City hereby
acknowledges that the abandonment of the Abandoned Easement is effectuated by the dedication of a substituted
access by means of a public right-of-way dedicated by ATC Hayslett Lot Venture, LTD., a Texas limited partnership,
under a final plat Anna Crossing Phase 4B to be recorded, Plat Records of Collin County, Texas (the "Substituted
Access").
The City, as successor in interest of ATC, executes this abandonment of easement in acknowledgment of the
sufficiency of the Substituted Access, and thereby acknowledges and confirms the Abandoned Easement obsolete and
abandoned,
For the purpose of clarity, the Abandoned Easement is more fully described on Exhibits "A" and "B"
attached hereto and incorporated herein by reference fur all purposes.
[SIGNATURF, PAGE TO FOLLOW]
Abandonment of Easement pg, �
1902003N906007
ATC Hayslett Lot Venture, LTD.-CityofAnna
Turnaround Abandonment of Easement - ACL v.1 (002)
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF COLLIN §
04
Th's instrumgt}t was acknowledged before me on the !c �h day of t7�tuc
)
by ( OA kYv6, i" YM aAew ate'' o the City of AnnQ a Texas Home
Rule Municipal Corporation.
CARRIE L. LAND Notary Public, State of Texas
My Notary ID # 11419404
Expires February 4, 2023
Abandonment of Easement pg. 2
EXHIBIT "A"
LEGAL LAND DESCRIPTION
TEMPORARY TURN -AROUND ACCESS EASEMENT
BEINC'T a tract of land situated in the Granderson Stark Survey, Abstract Number 798, City of
Anna, Collin County, Texas; and being a portion of that certain 43.670 acres tract of land
described in a Special Warranty Deed to ANNA TOWN CENTER NO.5/HSLT, LTD., a Texas
Limited partnership (hereinafter referred to as 43.670 acres tract), as recorded in Volume 5717,
Page 2431, Deed Records, Collin County, Texas (D.R.C.C.T.), and being more particularly
described, by metes and bounds, as follows:
COMMENCING at a fence corner post found for the Northwest corner of that certain tract of
land described as Lot 6, La Paloma Subdivision (hereinafter referred to as Lot 6), an addition to
the City of Anna, Collin County, Texas, according to the plat recorded in Cabinet C, Page 418,
Plat Records, Collin County, Texas, same being in the South line of that certain tract of land
described in a Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas
Limited partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number
2015012900010830, D.R.C.C.T.;
THENCE South 89 degrees 31 minutes 01 second East with the common line between said ATC
tract and said Lot 6, a distance of 10.00 feet;
THENCE crossing said ATC tract the following 5 courses with the East boundary of future Anna
Crossing Phase 4:
1. North 00 degrees 48 minutes 55 seconds East, departing the North line of said Lot 6, a
distance of 177.21 feet to the beginning of a non -tangent curve to the left whose long chord bears
N 89 degrees 07 minutes 28 seconds East, a distance of 24.02 feet;
2. Northeasterly with said curve, having a radius of 890.00 feet, through a central angle of 01
degree 32 minutes 47 seconds, for an are distance of 24.02 feet;
3. North 00 degrees 48 minutes 55 seconds East, a distance of 120.13 feet to the beginning of a
non -tangent curve to the left whose long chord bears North 87 degrees 28 minutes 16 seconds
East, a distance of 11.79 feet;
4. Northeasterly with said curve, having a radius of 603.73 feet, through a central angle of 01
degree 07 minutes 07 seconds, for an arc distance of 11.79 feet;
5. North 00 degrees 48 minutes 55 seconds East, a distance of 170.45 feet to the North line of
said ATC tract, same being the South line of the remaining portion of the aforesaid 43.670 acres
tract for the PLACE OF BEGINNING;
THENCE crossing said 43.670 acres tract for the following 2 courses:
1. North 49 degrees 38 minutes 09 seconds East, a distance of 13.47 feet, to the beginning of a
non -tangent curve to the right, whose long chord bears North 85 degrees 27 minutes 51 seconds
East, a distance of 99.03 feet;
2. Northeasterly with said curve to the right, having a radius of 60.00 feet, through a central
angle of 111 degrees 13 minutes I 1 seconds, for a are distance of 116.47 feet to the common line
between said 43.670 acres tract and said ATC tract, same being the beginning of a non -tangent
curve to the left whose long chord bears South 79 degrees 19 minutes 23 seconds West, a
distance of 25.04 feet;
THENCE Southwesterly with the common line between said 43.670 acres tract and said ATC
tract and said curve to the left, having a radius of 500.00 feet through a central angle of 02
degrees 52 minutes 12 seconds for an arc distance of 25.05 feet to the beginning of a curve to the
right whose long chord bears South 81 degrees 57 minutes 36 seconds West, a distance of 85.21
feet;
THENCE Southwesterly with said curve to the right, having a radius of 600.00 feet, through a
central angle of 08 degrees 08 minutes 38 seconds, for an are distance of 85.28 feet to the
PLACE OF BEGINNING.
EXHIBIT "A"
LEGAL LAND DESCRIPTION
BEING a tract of land situated in the the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas;
and being that certain Turn -Around Easement, as recorded In Instrument Number 20160311000290410, Official Public Records,
Collin County, Texas and being a portion of that certain 43.670 acres tract of land described in a Special Warranty Deed to
ANNA TOWN CENTER NO.5/HSLT, LTD., a Texas Limited partnership (hereinafter referred to as 43.670 acres tract), as recorded
in Volume 5717, Page 2431, Deed Records, Collin County, Texas (D.R.C.C.T.), and being more particularly described, by metes
and bounds, as follows:
BEGINNING at a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Easterly Northeast comer of
that certain tract of land described as Anna Crossing, Phase 4 (hereinafter referred to as Anna Crossing, Phase 4), an addition
to the City of Anna, Collin County, Texas, according to the plat recorded In Instrument Number 2017-48, Plat Records, Collin
County, Texas, same being the South line of the remainder of said 43.670 acres tract, same also being the Northwesterly
corner of the remainder of that certain tract of land described In a deed to ATC HAYSLET LOT VENTURE, LTD (hereinafter
referred to as ATC tract), as recorded in Instrument Number 2015012900010830, D.R.C.C.T.;
THENCE North 49 degrees 38 minutes 09 seconds East, aossing said 43.670 acres tract, a distance of 13.47 feet, to the
beginning of a non4angent curve to the right, whose long chord bears North 85 degrees 27 minutes 51 seconds East, a
distance of 99.03 feet,
THENCE Northeasterly with said curve to the right, having a radius of 60.00 feet, through a central angle of 111 degrees 13
minutes I I seconds, for an arc distance of 116.47 feet to the common line between the remainder of said 43.670 acres tract
and said ATC tract, same being the beginning of a non -tangent curve to the left whose long chord bears South 79 degrees 19
minutes 23 seconds West, a distance of 25.04 feet;
THENCE Southwesterly with the common line between said 43.670 acres tract and said ATC tract and said curve to the left,
having a radius of 500.00 feet through a central angle of 02 degrees 52 minutes 12 seconds for an arc distance of 25.05 feet to
the beginning of a curve to the right whose long chord bears South 81 degrees 57 minutes 36 seconds West, a distance of
85.21 feet;
THENCE Southwesterly with said curve to the right, having a radius of 600.00 feet, through a central angle of 08 degrees 08
minutes 38 seconds, for an arc distance of 85.28 feet to the PLACE OF BEGINNING.
EXHIBIT "A" A=111°13'11"
N49° 38' 09"E
OAT
PLACE OF
BEGINNING i
FOUND 5/8" CAPPED
IRON ROD STAMPED
"RPLS 4838"
'
R=60.00
L=116.47'
CB=N85°27'51"E
CL=99.03'
/ Pow
RENDYN STREET
50' RIGHT-OF-WAY
INSTRUMENT NUMBER
2017-48
P.R.C.C.T. —
10' UTILITY
EASEMENT
INSTRUMENT
NUMBER
2017-48
P.R.C.C.T.
LOT 27 LOT 26
TEMPORARY TURNAROUND ACCESS
EASEMENT REMAINDER OF
(SHADED) ANNA TOWN CENTER NO.
21339 SQ. FT. 5/HSLT, LTD.
OR 0.054 ACRE
INSTRUMENT NUMBER VOLUME 5717, PAGE 2431
20160311000290410 D.R.C.C,T.
O.P.R.C.C.T.
RELEASED BY THIS EXHIBIT—I,plow matador
600.00
R=500.00' DRAINAGE
R L=25.05' EASEMENT/
CB=S79°19'23"W INSTRUMENT
NUh78ER
CL=25.04' 01603 11 00290370
OPP.R.T. C C.-
CB=S81°57'36' W
_ CL=85.21'
ATC HAYSLETT LOT / I
VENTURE, LTD.
INSTRUMENT NUMBER
2015012900010830IT
D,R.C.C.T.
4=8°08'38"
1
I
BLOCK C
ANNA CROSSING
PHASE 4
INSTRUMENT
NUMBER2017-08
P.R.C.C.T. FOUND 5/8" CAPPED
UND 5/8" CAPPED IRON ROD STAMPED
I ON ROD STAMPED "RPLS 4838"
"RPLS 4838"
LOT LOT 14
10' UTILITY
EASEMENT
NSTRUh1
NUMBER
2017-48 /
P.R.C.C.T.
ELI - - - DRAINAGE
EASEMENT
STREET INSTRUMENT
SCALE: lad 50'
0b5D'�1009
�
",*IV10 F£ R ag
.......
MICHAEL DAN DAVIS
; ..:........................
� -1838
/ l .
�
SUItN�'
50' RIGHT-0E-WA NUMBER
0160311000290370 �
INSTRUMENT O.P.R.C.C.T.
NUMBER 2017-48 _ — — --
l P.R.C.0 T ---
15' SEWER FORCE MAIN
EASEMENT BY SEP, INST.
�`�BANNISTER
1 E N G I N E E R I N G
210 H. HIfCHfl1 RPAD I M&Lq)Mt TX 760631817. W 7DN 1 817.612.2096 M
J TBPLS REGB7MT10" I.O.1D19M
EXHIBIT "B"
LEGAL LAND DESCRIPTION
TEMPORARY TURN -AROUND ACCESS EASEMENT
BEMG a tract of land situated in the Granderson Stark Survey, Abstract Number 798, City of
Anna, Collin County, Texas; and being a portion of that certain tract of land described in a
Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas Limited
partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number
2015012900010830, Deed Records, Collin County, Texas (D.R.C.C.T.), and being more
particularly described, by metes and bounds, as follows:
COMMENCING at a fence corner post found for the Northwest corner of that certain tract of
land described as Lot 6, La Paloma Subdivision (hereinafter referred to as Lot 6), an addition to
the City of Anna, Collin County, Texas, according to the plat recorded in Cabinet C, Page 418,
Plat Records, Collin County, Texas, same being the South line of said ATC tract;
THENCE South 89 degrees 31 minutes 01 second East with the common line between said ATC
tract and said Lot 6, a distance of 10.00 feet;
I'IIENCE crossing said ATC tract the following 5 courses with the East boundary of future Anna
Crossing Phase 4:
1. North 00 degrees 48 minutes 55 seconds East, departing the North line of said Lot 6, a
distance of 177.21 feet to the beginning of a non -tangent curve to the left whose long chord bears
North 89 degrees 07 minutes 28 seconds East, a distance of 24.02 feet;
2. Northeasterly with said curve, having a radius of 890.00 feet, through a central angle of 01
degree 32 minutes 47 seconds, for an are distance of 24.02 feet;
3. North 00 degrees 48 minutes 55 seconds East, a distance of 120.13 feet to the beginning of a
non -tangent curve to the left whose long chord bears North 87 degrees 28 minutes 16 seconds
East, a distance of 11.79 feet;
4. Northeasterly with said curve, having a radius of 603.73 feet, through a central angle of 01
degree 07 minutes 07 seconds, for an arc distance of 11.79 feet;
5. North 00 degrees 48 minutes 55 seconds East, a distance of 120.29 feet to the PLACE OF
BEGINNING;
THENCE North 00 degrees 48 minutes 55 seconds East continue crossing said ATC tract, a
distance of 50.16 feet to the North line of said ATC tract, same being the South line of the
remainder of that certain tract of land described in a deed to Anna Town Center No. 5/HSLT,
I,td. (hereinafter referred to as Anna Town Center No. 5/HSLT tract), as recorded in Volume
5717, Page 2431, D.R.C.C.T., same also being the beginning of a non -tangent curve to the left,
whose long chord bears North 81 degrees 57 minutes 36 seconds East, a distance of 85.21 feet;
THENCE Easterly with the common line between said ATC tract and the remainder of said
Anna Town Center No. 5/HSLT tract and with said non -tangent curve to the left having a radius
of 600.00 feet, through a central angle of 8 degrees 08 minutes 38 seconds, for an are distance of
85.28 feet to the beginning of a curve to the right, whose long chord bears North 79 degrees 19
minutes 23 seconds East, a distance of 25.04 feet;
THENCE Easterly continue with the common line between said ATC tract and the remainder of
said Anna Town Center No. 5/HSLT tract and with said curve to the right having a radius of
500.00 feet, through a central angle of 2 degrees 52 minutes 12 seconds, for an arc distance of
25.05 feet to the beginning of a non -tangent curve to the right, whose long chord bears South 52
degrees 00 minutes 33 seconds West, a distance of 119.98 feet;
THENCE Southwesterly departing the South line of the remainder of said Anna Town Center
No. 5/HSL'r tract and crossing said with ATC tract and with said non -tangent curve to the right,
having a radius of 60.00 feet, through a central angle of 181 degrees 52 minutes 13 seconds, for a
arc distance of 190.45 feet;
THENCE North 64 degrees 44 minutes 33 seconds West continue crossing said ATC tract, a
distance of 16.73 feet to the PLACE OF BEGINNING.
EXHIBIT "A"
LEGAL LAND DESCRIPTION
TEMpORARYrURN-AROUND ACCESS EASEMENT ABANDONMENT
BEING a tract of land situated to the the Granderson Stark Survey, Abstract Number 798, City of Mna, Collin County, Texas;
and being the same tract of land described as a Temporary Turn -Around Access Easement, as recorded in Instrument
Number 20160311000290420, Deed Records, Collin County, Texas (D.R.C.C.T.), and being a portion of that certain tract of
land described In a Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas Limited partnership (hereinafter
referred to as ATC tract), as recorded in Instrument Number 2015012900010830, D.R.C.C.T., and being more particularly
described, by metes and bounds, as follows:
BEGINNING at afive-eighths inch Iron rod with plastic cap stamped "RPLS 4838" found for the Lot 26, Block C, Anna
Crossing, Phase 4 (hereinafter referred to as Lot 26), an addltion to the City of Anna, Collin County, Texas, according to the
plat recorded In Instrument Number 201748, Plat Records, Collin County, Texas (P.R.C.C.T.), same also being the
Southeasterly corner of the terminus of Rendyn Street (50' right of -way), as recorded in Instrument Number 201748,
P.R.C.C.T., same also being the West line of the remainder of said ATC tract;
THENCE North 00 degrees 48 minutes 55 seconds East with the common line of the remainder of said ATC brad and the
Easterly terminus of said Rendyn Street, a distance of 50.16 feet to the Northeasterly corner of the terminus of said Rendyn
Street, same being the North line of said ATC tract, same being the South line of the remainder of that certain tract of land
described in a deed to Anna Town Center No. 5/HSLT, Ltd. (hereinafter referred to as Anna Town Center No. 5/HSLT tract),
as recorded In Volume 5717, Page 2431, D.R.C.C.T., same also being the beginning of a non -tangent curve to the left, whose
long chord bears North 81 degrees 57 minutes 36 seconds East, a distance of 85.21 feet;
THENCE Easterly with the common line between said ATC tract and the remainder of said Anna Town Center No. 5/HSLT
tract and with said non -tangent curve to the left having a radius of 600.00 feet, through a central angle of 8 degrees 08
minutes 38 seconds, for an arc distance of 85.28 feet to the beginning of a curve to the right, whose long chord bears North
79 degrees 19 minutes 23 seconds East, a distance of 25.04 feet;
THENCE Easterly continue with the common line between said ATC tract and the remainder of said Anna Town Center No.
5/HSLT tract and with said curve to the right having a radius of 500.00 feet, through a central angle of 2 degrees 52 minutes
12 seconds, for an arc distance of 25.05 feet to the beginning of a non -tangent curve to the right, whose long chord bears
South 52 degrees 00 minutes 33 seconds West, a distance of 119.98 feet;
THENCE Southwesterly departing the South line of the remainder of said Anna Town Center No. 5/HSLT tract and crossing
said with ATC tract and with said non -tangent curve to the right, having a radius of 60.00 feet, through a central angle of 181
degrees 52 minutes 13 seconds, for a arc distance of 190.45 feet;
THENCE North 64 degrees 44 minutes 33 seconds West, continue crossing said ATC tract, a distance of 16.73 feet to the
PLACE OF BEGINNING.
R=600.00'
L=85.28'
CB=N81057'36"E
CL=85.21'
R=500.00'
L=25.05'
CB=N79°19'23"E
EXHIBIT "A"
REMAINDER OF
ANNA TOWN CENTER NO.
5/HSLT, LTD,
VOLUME 5717, PAGE 2431
D.R.C.C.T.
CL=25.04'��
FOUND 5/8" CAPPED
IRON ROD STAMPED / _1U�
"RPLS 4838" -, - - -
RENDYN STREET
50' RIGHT-OF•WAY
INSTRUMENT NUMBER
2017 48
P.R.C.C.T.
-NO° 48' 55"E
50.16''v'MUTY
EASEMENT
INSTRUMENT
NUMBER
2017,48
P.R.C.C.T.
LOT 27 LOT 26
BLOCK C
ANNA CROSSING
PHASE 4
INSTRUMENT -
NUMBER 2017-48
P.R.C.CT,
I
LOT LOT 14
13 I
10' UTILITY
I EASEMENT
NUMBER
2017-48
ELIZABETH
STREET
50' RIGHT-OF-WAY
INSTRUMENT
NUMBER 2017-48
1 P.R.C.C.T. - -
TEMPORARY TURN -AROUND
ACCESS EASEMENT
(SHADED)
9263 SQUARE FEET OR 0,213 ACRE
INSTRUMENT NUMBER
20160311000290420
D.R.C.C.T.
RELEASED BY THIS EXHIBIT
N64° 44' 33"W R=60.00'
16.73' / L=190.45'
PLACE OF CB=S52°00'33'W
BEGINNING / CL=119.98'
FOUND 5/80 CAPPED
IRON ROD STAMPED
'RPLS 48380
/ REMAINDER OF
/ ATC HAYSLETT LOT
/ VENTURE
/ INSTRUMENT NUMBER
/ 2015012900010830
/ D.R.C.C.T.
DRAINAGE
EASEh1ENT
INSTRUMENT
NUMBER /
20160311000290370
O.P.R.C.C.T_
FUTURE 15' SEWER
/ FORCE MAIN EASEMENT
DRAINAGE
JEASEMENT
INSTRUMENT
NUMBER
O.P.R.C.C,T,
SCALE: i• v 50'
o�oo'
I
I
I
I
J
��B.�NNIS��IZ
1 E N G I N E E R I N G
MR HMfat Fb10 I YIEWoTX 760531817.B17.2971817.81i7055Fu
J TBCLS BEGLi1RAml 1l0. 10193M
1902003l1905007
ATC Hayslett Lot Venture, LTD.-CityofAnna
Drainage Abandonment of Easement - ACL v.1 (002) - Copy
AFTER RECORDING RETURN TO:
ATC HAYS14M4 LOT vrxrrum urD.
8214 Westchester STE 900
Dalias, Texas 75225
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER,
ABANDONMENT OF EASEMENT
The CITY OF ANNA, a Taxes Home Rule Municipal Corporation (the "City"), as successor in interest of
ATC HAYSLETT LOT VENTURE, LTD. ("ATC"'), does hereby abandon the permanent drainage easement (the
"Abandoned Easement') described in the Instrument Document dated January 2511, 2016, and recorded under Clerk's
File No. 2015073,0000952720, Public Records, Collin County, Texas.
Tho purpose of the Abandoned Easement was to provide access to the dominant tenement owned by AT
(the "Daminan# TenemenP'), which the City subsequently acquired and presently owns. The City hereby
acknowledges that the abandonment of the Abandoned Easement is effectuated by the dedication of a substituted
access by means of a public drainage system dedicated by ATC Hayslett Lot Venture, LTD., a 'Texas limited
partnership, under a final plat Anna Crossing Phase 4B to be recorded, Plat Records of Collin County, Texas (the
"Vubstitnted Access").
The City, as successor in interest of ATC, executes this abandonment of easement in acknowledgment of the
sufficiency of the Substituted Access, and thereby acknowledges and confirms the Abandoned Easement obsolete and
abandoned.
For the purpose of clarity, the Abandoned Easement is more fully described on Exhibit "A" attached hereto
and incorporated herein by reference for all purposes.
[SIGNATURE PAGE TO FOLLOW]
Abandonment of Easement pg. 1
City of
19D2003/1906007
ATC Hayslett Lot Venture, LTD: CityofAnne
Orainage Abandonment ofEasement -ACLvA (002)-Copy
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTY OF COLLIN §
T is instr4��tent was acknowledged before m on the _ r1f' day of
by Ti M' Nt e Ce � twei i_, a e r o thAnna ,Grexas Home
Rule Municipal Corporation. tj
CABBIE 1. t.AN� otary Public, State of Texas
My NotaryID # 11419404
Expires February 4, 2023
Abandonment of Easement pg. 2
EXHIBI"I' "A"
LEGAL LAND DESCRIPTION
'WIDE DRAINAGE EASEMENT
BEING a tract of land situated in the Granderson Stark Survey, Abstract Number 798, City of
Anna, Collin County, Texas; and being a portion of that certain tract of land described in a
Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas Limited
partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number
2015012900010830, Deed Records, Collin County, "texas (D.R.C.C.T.), and being more
particularly described, by metes and bounds, as follows:
COMMENCING at a fence comer post found for the Northwest corner of that certain tract of
land described as Lot 6, La Paloma Subdivision (hereinafter referred to as Lot 6), an addition to
the City of Anna, Collin County, Texas, according to the plat recorded in Cabinet C, Page 418,
Plat Records, Collin County, Texas, same being the South line of said ATC tract;
THENCE South 89 degrees 31 minutes 01 second East with the common line between said ATC
tract and said Lot 6, a distance of 10.00 feet;
THENCE North 00 degrees 48 minutes 55 seconds East, departing the North Iine of said Lot 6
and crossing said ATC tract, a distance of 134.92 to the PLACE OF BEGINNING;
THENCE crossing said ATC tract for the following 17 courses:
1. North 00 degrees 48 minutes 55 seconds East, a distance of 42.30 feet;
2. North 89 degrees 07 minutes 28 seconds East, a distance of 24.02 feet;
3. North 00 degrees 48 minutes 55 seconds East, a distance of 6.70 feet;
4. North 83 degrees 34 minutes 00 seconds East, a distance of 51.79 feet to the beginning of a
curve to the left, whose long chord bears North 56 degrees 46 minutes 20 seconds East, a
distance of 27.02 feet;
5. Northeasterly with said curve to the left, having a radius of 25.00 feet, through a central angle
of 65 degrees 24 minutes 58 seconds, for a arc distance of 28.54 feet;
6. North 19 degrees 05 minutes 51 seconds East, a distance of 234.55 feet;
7. South 86 degrees 37 minutes 20 seconds West, a distance of 135.94 feet;
8. North 00 degrees 48 minutes 55 seconds East, a distance of 50.16 feet;
9. North 86 degrees 37 minutes 20 seconds East, a distance of 140.10 feet;
10. South 75 degrees 22 minutes 41 seconds East, a distance of 31.02 feet;
11. North 86 degrees 20 minutes 21 seconds as, a distance of 1 l l .95 feet;
12. South 03 degrees 39 minutes 39 seconds East, a distance of 50.00 feet;
13. South 86 degrees 20 minutes 21 seconds West, a distance of 99.35 feet;
14. South 19 degrees 05 minutes 51 seconds West, a distance of 246.52 feet, to the beginning of
a curve to the right, whose long chord bears South 54 degrees 28 minutes 20 seconds West, a
distance of 80.61 feet;
15. Southwesterly with said curve to the right, having a radius of 75.00 feet, through a central
angle of 65 degrees 00 minutes 56 seconds, for a arc distance of 85.11 feet;
16. South 83 degrees 34 minutes 00 seconds West, a distance of 50.75 feet;
17. North 89 degrees 11 minutes 05 seconds West, a distance of 29.48 feet to the PLACE OF
BEGINNING.
EXHIBIT "A"
LEGAL LAND DESCRIPTION
'WIDE DRAINAGE EASEMENT ABANDONMENT
BEING a trac of land situated in the the Gunderson Stark Survey, Abstad Number 798, City of Anna, Collin County, Texas; and being the same
tract described as 5V Wide Drainage Easement, as recorded in Instrument Number 20160311000290370, Official Public Records, Collin County,
Texas (O.P.R.CCT.) and being a portion of that certain tract of land described In a Special Warranty Deed to ATC HAYSLEiT LOT VENTURE, LTD.,
a Texas Limited partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number 2015012900010830, O.P.R.C.C.T., and being
more particularly described, by metes and bound,% as follows:
COMMENCING at a fence comer post found for the Northwest comer of that certain tract of land described as Lot 6, La Paloma Subbdivis(on
(hereinafter referred to as Lot 6), an addition to the City of Anna, Collin County, Texas, according to the plat recorded In Cabinet C, Page 418, Plat
Records, Collin County, Texas (P.R.CCT.), same being the South fine of that certain tract of land described as Anna Crossing, Phase 4 (hereinafter
referred to as Anna Crossing, Phase 4), an addition to the City of Anna, Collin County, Texas, according to the plat recorded In Instrument Number
2017-48, P.R.C.C.T.;
THENCE South 89 degrees 31 minutes 01 second East with the common line between said Anna Crossing, Phase 4 and said Lot 6, a distance of
10.00 feet;
THENCE North 00 degrees 48 minutes 55 seconds East, departing the North line of said Lot 6 and with the common line between said Anna
Crossing, Phase 4 and the remainder of said ATC tract, a distance of 134.92 to the PLACE OF BEGINNING;
THENCE continue with the common line between said Anna Crossing, Phase 4 and the remainder of said ATC tact for the following 3 courses:
1. North 00 degrees 48 minutes 55 seconds East, a distance of 42.30 feet;
2. North 89 degrees 07 minutes 28 seconds East; a distance of 24.02 feet to a five -eighths Inch Iron rod with plastic cap stamped "RPLS 4838"
found;
3. North 00 degrees 48 minutes 55 seconds East, a distance of 6.70 feet;
THENCE crossing said ATC tract for the following 4 courses:
1. North 83 degrees 34 minutes 00 seconds East, departing the East line of said Anna Crossing, Phase 4, a distance of 51.79 feet to the beginning
of a curve to the left, whose long chord bears North 56 degrees 46 minutes 20 seconds East, a distance of 27.02 feet;
2. Northeasterly with said curve to the left, having a radius of 25.00 fee(, through a central angle of 65 degrees 24 minutes 58 seconds, for a arc
distance of 28.54 feet;
3. North 19 degrees 05 minutes 51 seconds East a distance of 234.55 feet
4. South 86 degrees 37 minutes 20 seconds West, a distance of 135.94 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838"
found for the East line of said Anna Crossing, Phase 4;
THENCE North 00 degrees 48 minutes 55 seconds East with the common line between said Anna Crossing, Phase 4 and the remainder of said ATC
tad a distance of 50.16 feet to a five -eighths inch Iron rod with plastic cap stamped "RPLS 4838" found for the Easterly Northeast comer of said
Anna Crossing, Phase 4, same being the North line of said ATC tract
THENCE crossing said ATC tract for the following 9 courses:
1. North 86 degrees 37 minutes 20 seconds East a distance of 140.10 feet;
2. South 75 degrees 22 minutes 41 seconds East a distance of 31.02 feet;
3. North 86 degrees 20 minutes 21 seconds East a distance of 111.95 feet,
4. South 03 degrees 39 minutes 39 seconds East a distance of 50.00 feet;
5. South 86 degrees 20 minutes 21 seconds West a distance of 99.35 feet;
6. South 19 degrees 05 minutes 51 seconds West a distance of 246.52 feet to the beginning of a curve to the right whose long chord Fars
South 54 degrees 28 minutes 20 seconds West, a distance of 80.61 feet;
7. Southwesterly with said curve to the right having a radius of 75.00 feet through a central angle of 65 degrees 00 minutes 56 seconds, for a arc
distance of 85.11 feet;
8. South 83 degrees 34 minutes 00 seconds West, a distance of 50.75 feet;
9. North 89 degrees It minutes 05 seconds West a distance of 29.48 feet to the PLACE OF BEGINNING.
ANNATOWN CENTERN0.5/HSLT2431 EXHIBIT 11A�I
VOLUME 5717, PAGE
D.R.C.C.T.
N860 37, 20„ E TEMPORARY TURN -AROUND
ACCESS EASEMENT S750 22' 41"E
140.10 — — / INSTRUMENT NUMBER ,
FOUND 5/8" CAPPED / `C 20160311000290410 & 31.02
IRON ROD STAMPED 201603110002904
"RPLS 4838" 0 P.RTC C.T.
NO° 48' 55"E / _ __1._-O. _ N860 20' 21"E_ill .95'
50.16' S30 39' 3911E
RENDYN STREET I 50.00'
50' RIGHT-OFWAY I
INSTRUMENT NUMBER
2017-48
_P.R.C.C.T.
uND s/a" CAPPED S860 37' 20"W 135.94 S860 20' 211W 99.35
I ON ROD STAMPED
"RPLS 4838"
50, WIDE DRAINAGE
N190 05' 5111E / EASEMENT
I / / (SHADED)
LOT 27 I 234.55'�/ / 32,742 SQUARE FEET
I I � OR 0.752 ACRE
LOT 26 INSTRUMENT NUMBER
BLOCKC REMAINDER OF 20160311000290370
ANNA CROSSING ATC HAYSLETT LOT / / O.P.R.C.C.T.
PHASE VENTURE, LTD. / / RELEASED BY THIS EXHIBIT
INSTRUMENT INSTRUMENT NUMBER /
NUMBER 2015012900010830 /
2017-48 D.R,C.C.T. /
P.R.C.C.T. ww / /
�ONS�P�ER799 S190 05' S1"W
Iao10- c� love / / 246.52'
r
LOT 14 G�P�ct� / SCALD I' = 50'
° A-65°24'58" o •
NO° 48'
N83 34 00 E
s a
I 51.79' R=25.00'
5511E I / / L=28.54' �E a F
P.•'•5. TE'• .f'
C6=N56°46'20"E
N890 07' 2811E Q/ % CL=27.02 ! :..................::*.
24.02' % 4=65°00'S6" MICHAEL DAN DAVIS
/ •..A...483H....
— — — — — — -O tj R=75.00' �y "S o`•,4
FOUND 5/8" CAPPED L=85.11' S U O
ELIZABETH IRON ROD STAMPED /� CB=S54°28'20"W
STREET "RPLS 4838" /� �
so' RIGHT-OF-WAY �--NO° 48' 55"E CL=80.61' I9D2
INSTRUMENT ( 42.30' ��� �Q
NUMBER ��� �—
P.R.c.c.r. N890 il' 05"W r - S83° 34' 00"W
9�ACEOF 29.48' 50.75' AFUTUREAIN EASEMENT R�
EGINNING NO° 48' 55"E
PLACE OF 134.92'
IMMENCING S89031' 0111E 10.00'
-- -- LOT6 'BANNISTER
gec "o. ovo-v-zz : io/i9/mm A" vaye z or z OetleO By MD2 LA PALOMA
6
EXHIBIT "SUBDIVISIONSO' WIDE DRAINAGE EASEMENT ABANDONMENT EXHIBIT CABINET C, PAGE 418, E N G I N E E R I N G
CITY OF ANNA P.R.C.0 T. iw K KrUO i RW 1 M"pdd, "c 76M 1 ev.e4z.zmr I ar7.erzams rs
, .,,, ,.,,, ik, , A� J i s aEcrsrxnncn rm ion
SUBDIVISION IMPROVEMENT AGREEMENT
AVERY POINTE COMMERCIAL
This Subdivision Improvement Agreement (this "Agreement") is entered into this
Jay of , 20214-9, between the City of Anna, Texas (the "City") and ANNA 455
COMMERCIAL, LP, a Texas limited partnership ("Owner").
WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement
as the "Parties," or, each individually, as "Party"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the
subject matter specifically set forth herein and that this Agreement, and shall supersede
any previous agreement between the Parties and City Regulations only to the extent that
any such agreements or City Regulations directly conflict with the terms of this
Agreement; and
WHEREAS, Owner owns or owned and desires to develop a parcel or parcels of real
property (the "Property") in Collin County, Texas, which is composed of approximately
18.5 acres of land located entirely within the corporate limits of the City of Anna and is
more particularly described in the attached Exhibit A; and,
WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement
are primarily for the benefit of the Property; and,
WHEREAS, Owner understands and acknowledges that acceptance of this Agreement
is not an exaction or a concession demanded by the City but rather is an undertaking of
Owner's voluntary design to ensure consistency, quality, and adequate infrastructure that
will benefit Owner's development of the Property;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe
the Parties' intent under this Agreement and said recitals constitute representations by
Owner and the City.
SECTION 2 DEFINITIONS
City Code means the Anna City Code of Ordinances.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of the City Manager with respect to this Agreement if the
designation is in writing and signed by the current or acting City Manager.
City Regulations mean City Code provisions, ordinances, design standards, uniform
codes, and other policies duly adopted by the City.
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL -Page 1
Development means the development on the Property that is the subject of this
Agreement.
Final Roadway Construction Cost, with respect to the Roadway Facties, means
425 144 set forth in the attached Exhibit D actually paid for the engineering,
design, and construction of the Roadway Facilities at the time of full and final completion,
dedication and acceptance the Roadway Facilities.
Final Water Construction Cost, with respect to the Water Facilities, means
149 255 set forth in the attached Exhibit D actually paid for the engineering, design, and
construction of the Water Facilities at the time of full and final completion, dedication and
acceptance the Water Facilities,
Final Roadway Reimbursement Amount, with respect to the Roadway Facilities, means
a dollar amount equal to the Roadway Construction Cost.
Final Water Reimbursement Amount, with respect to the Water Facilities, means a dollar
amount equal to the Water Construction Cost.
Roadway Facilities mean the Ferguson Parkway Roadway Improvements constructed by
Owner as described and depicted in Exhibit B, attached hereto, and in accordance with
design/construction plans approved by the City.
Water Facilities mean the Water Improvements to be constructed by Owner as described
and depicted in Exhibit C, attached hereto, and in accordance with design/construction
plans approved by the City.
SECTION 3 GENERAL PROVISIONS.
(a) Documentation of Actual Amount Paid. Owner has fully completed the Roadway
Facties and the Water Faces, and the City has accepted such Roadway Facilities
and Water Facilities. Owner shall provide the City Manager with documentation
reasonably acceptable to the City Manager evidencing the actual amount paid for
said Roadway Facilities and Water Facilities.
(b) Maintenance Bond. For each construction contract for any part of the Roadway
Facilities and Water Facilities, Owner or Owner's contractor executed a Maintenance
Bond in accordance with applicable City Regulations that guarantee the costs of any
repairs which may become necessary to any part of the construction work performed
in connection with the Roadway Facilities and Water Facilities, arising from defective
workmanship or materials used therein, for a full period of two (2) years from the date
of final acceptance of the Roadway Facilities and Water Facilities constructed under
such contract.
(c) Public Improvements, Generally. Except as otherwise expressly provided for in this
Agreement, Owner has provided all public improvements, including streets, water,
sewer, drainage, sidewalks, trails, street lighting, street signage, and all other public
improvements required by City Regulations to serve the Property, at no cost to the
City except as provided herein, in accordance with City Regulations, and as approved
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 2
by the City's engineer or his or her agent. Owner has caused the installation of such
improvements within all applicable time frames in accordance with the City
Regulations unless otherwise approved herein. Owner has provided engineering
studies, plan/profile sheets, and other construction documents at the time of platting
as required by City Regulations. Such plans have been approved by the City's
engineer or his or her agent prior to filing of a Final Plat. Construction of such
improvements was not initiated until a pre -construction conference was held
regarding the proposed construction and City issued a written notice to proceed.
(d) Owner's Remedy. Owner's sole remedy for nonperformance of this Agreement by the
City shall be to seek specific performance pursuant to the terms of this Agreement.
(e) Approval of Plats/Plans. Approval by the City, the City's engineer or other City
employee or representative, of any plans, designs or specifications submitted by
Owner pursuant to this Agreement or pursuant to City Regulations shall not constitute
or be deemed to be a release of the responsibility and liability of Owner, his engineer,
employees, officers or agents for the accuracy and competency of their design and
specifications. Further, any such approvals shall not be deemed to be an assumption
of such responsibility and liability by the City for any defect in the design and
specifications prepared by Owner's engineer, his officers, agents, servants or
employees, it being the intent of the parties that approval by the City's engineer
signifies the City's approval on only the general design concept of the improvements
to be constructed.
(f) Insurance. Owner or its contractors) shall acquire and maintain, during the period of
time when any of the Roadway Facilities and Water Facilities are under construction
(and until the full and final completion of the Roadway Facilities and Water Facilities
and acceptance thereof by the City): (a) workers compensation insurance in the
amount required by law; and (b) commercial general liability insurance including
personal injury liability, premises operations liability, and contractual liability,
covering, but not limited to, the liability assumed under any indemnification provisions
of this Agreement, with limits of liability for bodily injury, death and property damage
of not less than $1,000,000.00. Such insurance shall also cover any and all claims
which might arise out of the Roadway Facilities and Water Facilities construction
contracts, whether by Owner, a contractor, subcontractor, materialman, or otherwise.
Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued
by a carrier which is rated "A4' or better by A.M. Best's Key Rating Guide and
licensed to do business in the State of Texas; and (ii) name the City as an additional
insured and contain a waiver of subrogation endorsement in favor of the City. Upon
the execution of Public Improvement construction contracts, Owner shall provide to
the City certificates of insurance evidencing such insurance coverage together with
the declaration of such policies, along with the endorsement naming the City as an
additional insured. Each such policy shall provide that, at least 30 days prior to the
cancellation, non -renewal or modification of the same, the City shall receive written
notice of such cancellation, non -renewal or modification.
(g) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO
INDEMNIFY AND DOES HEREBY INDEMNIFY HOLD HARMLESS AND DEFEND
THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL -Page 3
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION,
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES,
EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER
CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR
OTHERWISE WRONGFUL ACTS OR OMISSIONS OF ITS AGENTS, SERVANTS,
CONTRACTORS, SUBCONTRACTORS, MATERIALMEN OR EMPLOYEES IN
CONNECTION WITH THE DESIGN CONSTRUCTION OR INSTALLATION OF
THE ROADWAY FACILITIES AND WATER FACILITIES AND ALL RELATED
ACTIVITIES INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY
PROPERTY, SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS
AGREEMENT, AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR
CHARGE OF THE OWNER'S DESIGN, CONSTRUCTION OR INSTALLATION OF
ANY OF THE ROADWAY FACILITIES AND WATER FACILITIES THAT ARE THE
SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES,
SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN,
CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A
JOINT ENTERPRISE BETWEEN THE CITY AND OWNER. OWNER FURTHER
COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON
CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT
SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM
THE CITY'S RELIANCE UPON OWNER'S REPRESENTATIONS IN THIS
AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH
THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE
PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY
TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO
THE PROPERTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER
PROVISION OF THIS AGREEMENT, OWNER SHALL NOT BE OBLIGATED TO
INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN
NEGLIGENCE OR GROSS NEGLIGENCE.
SECTION 4 ROADWAY FACILITIES
(a) Owner's Roadway Obligations.
(1) Owner is responsible for funding and construction of all public improvements
required by City Regulations to serve the Property, including but not limited to the
Roadway Facilities.
(2) Owner agrees to complete in a good and workmanlike manner construction of
the Roadway Facilities located adjacent to a portion of the Property being
developed, prior to the date a final plat for that portion of the Property being
developed is officially recorded in the Land Recordings with the Collin County
Clerk's Office.
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 4
(D) City Roadway ODligations.
(1) The Final Roadway Reimbursement Amount shall be paid to Owner from
roadway impact fees paid to the City from the Development of the Property. The
roadway impact fee reimbursement for the construction of the Roadway Facilities
shall be paid to the Owner from fees received by the City at the time of issuance
of building permits for any portion of the Property, and such reimbursement shall
be made until the roadway impact fee reimbursements authorized by this
Agreement has been met.
(2) Notwithstanding Section 4(b)(1) above, or any other provision of this Agreement,
the roadway impact fee reimbursement for construction of the Roadway Facilities
shall not exceed the total amount of roadway impact fees due from Development
of the Property.
(3) Notwithstanding Section 4(b)(1) above, or any other provision of this Agreement,
the obligation of the City for payment of the roadway impact fee reimbursement
authorized by this Agreement shall expire on September 30 in the tenth (10tn)
year following the date the Roadway Facilities are complete and formally
accepted by the City.
(4) The City shall have the right to retain roadway impact fees due from the
Development of the Property after the reimbursement authorized by this
Agreement has been satisfied or after the reimbursement expires, whichever
occurs first.
SECTION 5 WATER FACILITIES
(a) Owner's Water Obligations.
(1) Owner is responsible for funding and construction of all public improvements
required by City Regulations to serve the Property, including but not limited to the
Water Facilities.
(2) Owner agree to complete in a good and workmanlike manner construction of the
Water Facilities prior to the date a final plat for any portion of the Property is
officially recorded in the Land Recordings with the Collin County Clerk's Office.
(b) City Water Obligations.
(1) The Final Water Reimbursement Amount shall be paid to Owner from water
impact fees paid to the City from the Development of the Property. The water
impact fee reimbursement for the construction of the Water Facilities shall be paid
to the Owner from fees received by the City at the time of issuance of building
permits for any portion of the Property, and such reimbursement shall be made
until the water impact fee reimbursements authorized by this Agreement has
been met
(2) Notwithstanding Section 5(b)(1) above, or any other provision of this Agreement,
the water impact fee reimbursement for construction of the Water Facilities shall
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 5
not exceed the total amount of water impact fees due from Development Of the
Property.
(3) Notwithstanding Section 5Lbjk.Ij above, or any other provision of this Agreement,
the obligation of the City for payment of the water impact fee reimbursement
authorized by this Agreement shall expire on September 30 in the tenth (loth)
year following the date the Water Facilities are complete and formally accepted
by the City.
(4) The City shall have the right to retain water impact fees due from the
Development of the Property after the reimbursement authorized by this
Agreement has been satisfied or after the reimbursement expires, whichever
occurs first.
SECTION 6 EFFECTIVE DATE
The Effective Date of this Agreement is the date that the last of the Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged
by a notary public. The City's duties and obligations hereunder shall not arise unless
and until the City Council has duly adopted this Agreement and Owner have duly
executed same.
��X�t�7 ►tom �� ►�TI�I,� >iL�7
This Agreement and all obligations of the Parties hereto, shall terminate upon full
performance of the terms of this Agreement.
SECTION 8 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants of Owner under this Agreement shall constitute
covenants running with the land, and shall bind Owner and each successive owner
of all of any portion of the Property; provided, however, the terms of this Agreement
shall (i) not be binding on the owner of any residence that is purchased by such owner
from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on)
any mortgagee who finances or refinances residences constructed on the Property.
(b) Without limiting the generality of the foregoing and except as otherwise provided in
this paragraph, Owner has the right (from time to time upon delivery of 14 days' prior
written notice to the City) to assign this Agreement, in whole or in part, and including
any obligation, right, title, or interest of Owner under this Agreement, to any person
or entity (an "Assignee") that is or will become an owner of any such portion of the
Property or that is an entity that is controlled by or under common control of Owner.
Further, no assignment by Owner shall release Owner from any liability that resulted
from an act or omission by Owner that occurred prior to the effective date of the
assignment unless the City approves the release in writing. Notwithstanding the
foregoing, Owner may not assign any portion of this Agreement applicable to it, in
whole or in part, to an Assignee if the City, after action by the City Council (which
action shall be considered by the City in good faith based upon financial and
performance criteria, and which action shall not be unreasonably withheld,
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL -Page 6
conditioned or delayed), notifies Owner within 14 days of receipt of the written notice
required by this Section 8(b) that such Assignee fails to satisfy the City's financial and
performance criteria. If the City provides such notice to Owner then the Parties, within
14 days of such notice, shall mediate the dispute. The mediator shall be mutually
agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The
mediator's determination shall be binding on the Parties. If a Party refuses to
mediate, then the decision of the Party willing to mediate shall be binding.
(c) Each assignment shall be in writing executed by the Owner and the Assignee and
shall obligate the Assignee to be bound by this Agreement to the extent this
Agreement applies or relates to the obligations, rights, title, or interests being
assigned. From and after such assignment, the City agrees to look solely to the
Assignee for the performance of all obligations assigned to the Assignee and agrees
that the assigning Owner shall be released from subsequently performing the
assigned obligations and from any liability that results from the Assignee's failure to
perform the assigned obligations; provided, however, Owner shall not be released
until the City receives an executed copy of such assignment. Further, no assignment
by an assigning Owner shall release such Owner from any liability that resulted from
an act or omission by Owner that occurred prior to the effective date of the
assignment unless the City approves the release in writing. Owner shall maintain
written records of all assignments made by Owner to Assignees, including a copy of
each executed assignment and the Assignee's notice information as required by this
Agreement, and, upon written request from any Party or Assignee, shall provide a
copy of such records to the requesting person or entity.
SECTION 9 MISCELLANEOUS PROVISIONS
(a) Authority to execute contract. The undersigned officers and/or agents of the parties
hereto are the properly authorized officials and have the necessary authority to
execute this Agreement on behalf of the parties hereto, and each party hereby
certifies to the other that any necessary resolutions or other act extending such
authority have been duly passed and are now in full force and effect.
(b) Notice. All notices, demands or other communications required or provided
hereunder shall be in writing and shall be deemed to have been given on the earlier
to occur of (i) actual receipt or (ii) three (3) days after the same are given by hand
delivery or deposited in the United States mail, certified or registered, postage
prepaid, return receipt requested, addressed to the parties at the addresses set forth
below or at such other addresses as such parties may designate by written notice to
the other parties in accordance with this notice provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Owner: Anna 455 Commercial, LP
10950 Research Road
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL -Page 7
Frisco, Texas 75033
Attention: Craig Curry
Telephone: 214.387.3993
Facsimile: 214.387.3913
Email: ccurry(abtxlandresources.com
(c) Complete Agreement. This Agreement embodies the entire Agreement between the
Parties and cannot be varied or terminated except as set forth in this Agreement, or
by written agreement of the City and Owner expressly amending the terms of this
Agreement.
(d) Applicable Law and Venue. This Agreement shall be performable and all
compensation payable in Collin County, Texas. Venue and exclusive jurisdiction
under this Agreement lies in a court of competent jurisdiction in Collin County, Texas.
(e) Severability. If any clause, paragraph, section or portion of this Agreement shall be
found to be illegal, unlawful, unconstitutional or void for any reason, the balance of
the Agreement shall remain in full force and effect and the unlawful provision shall be
replaced with a provision as similar in terms and effect to such unlawful provision as
may be valid, legal and enforceable.
(f) Representation. Each signatory representing this Agreement has been read by the
party for which this Agreement is executed and that such Party has had an
opportunity to confer with its counsel.
(g) Consideration. This Agreement is executed by the Parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is hereby
acknowledged.
(h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of
either Party to enforce any of the provisions of this Agreement, at any time, shall not
in any way affect, limit or waive such Party's right thereafter to enforce and compel
strict compliance of the Agreement.
(i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the
Parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the
language herein is to be construed against any Party shall not apply. Headings in
this Agreement are for the convenience of the Parties and are not intended to be used
in construing this document.
(j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the
City and Owner and is not intended to and shall not confer any rights or benefits on
any third party not a signatory hereto.
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 8
(K) Binding Effect. This Agreement shall bind and inure to the benefit of the City and
Owner and to any successor owner/developer of the Property, may be recorded in
the Collin County property records, and runs with the land.
(I) Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY
LEFT BLANK]
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 9
EXECUTED as of the date first set forth above.
OWNER:
ANNA 455 COMMERCIAL, LP,
a Texas limited partnership
By: Anna 455 Commercial GP, LLC,
a Texas limited liability company,
General Partner
By:
Date:
STATE OF TEXAS §
COUNTY OF COLLIN §
Craig Curry, Manager
This instrument was acknowledged before me on the day of
294-7�-2021 by Craig Curry, Manager of Anna 455 Commercial GP, LLC, a
Texas limited liability company, General Partner of Anna 455 Commercial, LP, a Texas
limited partnership, in the capacity herein stated.
[SEAL]
Notary Public in and for the State of Texas
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL -Page 10
CITY OF ANNA
By:
Dhilin C�ni:oroJim Proce, City Manager
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of ,
244-72021, personally appeared Philip Sanders, known to me (or proved to me) to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same in his capacity as City Manager of the City of Anna, Texas.
[SEAL]
Notary Public, State of Texas
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 11
ATTACHMENTS
Exhibit A — The Property (legal description Cl"d drawing)
Exhibit B —Roadway Faces
Exhibit C —Water Facilities
Exhibit D —Roadway Construction Cost and Water Construction Cost
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 12
Exhibit A
The Property
Exhibit A —Legal Description of the Property —Page 1
Exhibit B
Roadway Facilities
[4 pages follow.]
Exhibit B —Roadway Facilities —Cover Page
Exhibit C
Water Facilities
[5 pages follow.]
Exhibit C —Water Facilities —Cover Page
Exhibit D
Roadway Construction Cost and Water Construction Cost
[4 pages follow.]
Exhibit D -Roadway Construction Cost and Water Construction Cost -Cover Page
FERGUSON PARKWAY (STA: 1+00 - 8+56) Cost Summary
Anna 455 Commercial, LP
ANNA,TEXAS
Roadway
EROSION CONTROL $3.555
EARTHWORK $15,400
PAVING $247,434
DRAINAGE SYSTEM $158,755
ENGINEERING / SURVEY (10% OF TOTAL) $42,514
TOTAL COST $467,659
Water
WATER SYSTEM $149,255
ENGINEERING / SURVEY (10% OF TOTAL) $149926
TOTAL COST $164,181
NOTES &ASSUMPTIONS:
Costs are based upon completed contracts and payments.
Quantities are from City approved and accepted construction plans.
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