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HomeMy WebLinkAboutRes 2020-01-666 Ratification of Correction Perm Water Easement and ROW QJR PartnershipCITY OF ANNA, TEXAS RESOLUTION NO. �() ()�-(L��- j�(��C, A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A RATIFICATION OF CORRECTION EASEMENT AND A RATIFICATION OF CORRECTION SPECIAL WARRANTY DEED RELATED TO A DEDICATION OF A PERMANENT WATER EASEMENT AND A DEDICATION OF PUBLIC RIGHT OF WAY BY AND BETWEEN THE CITY OF ANNA, TEXAS, AND QJR PARTNERSHIP; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, QJR Partnership dedicated a Permanent Water Easement (Document Number 20170123000094990) and Real Property (Document 20170123000094980) to the City of Anna in the Official Public Records of Collin County, Texas in 2017; and, WHEREAS, QJR Partnership filed a Correction to the Permanent Water Easement (Document Number 20191220001627040) and a Correction to the Special Warranty Deed (Document 20191220001627030) to the City of Anna in the Official Public Records of Collin County, Texas in 2019; and, WHEREAS, Texas Property Code requires that all parties to a conveyance instrument ratify by signature any material correction to such conveyance instrument; and, WHEREAS, the City has reviewed the attached Correction Deed and Correction Easement documents and find the corrected documents to be corrected forms of the original intended dedication; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contracts and Funding. That the City Manager is hereby authorized to execute a Ratification Of Correction Easement document and a Ratification Of Correction Special Warranty Deed document on behalf of the City of Anna, Texas. F� PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn Jay of January 2020. ATTEST: City Secretary, Carrie L. Smith aF A/V ayor, Nate Pike Exhibit A (see following pages) Connie Smith f=rom: Sent. To. Subject: Attachments: Good afternoon: David Flores Monday, January 06, 2020 3:47 PM Connie Smith RE: GF #19 -419962 -MM 20191220001627030 CORR DEED.pdf; 20191220001627040 CORR ESMT.pdf; 20191218001614920 ORD.pdf A bring to date has been performed on thea o d. The new effective date is 12/20/2019. The following instruments were found of record: Correction Deed recorded in Doc No. 20191220001627030 Correction Easement recorded in Doc No. 20191220001627040, and; City Ordinance recorded in Doc No. 20191218001614920. Rieasengte thaffhe following requirement..has:been.added to Schedule'.'C" for the correction�deed:and.easement: Company requires the following instruments to be corrected in order to include the acknowledgement/joinder of the City of Anna: i) Correction Special Warranty Deed recorded in Document No. 20191220001627030, Real Property Records, Collin County, Texas, and; ii) Correction Easement recorded in Document No. 20191220001627040, Real Property Records, Collin County, Texas. The correction instruments represent material corrections. Material correction instruments must include the acknowledgement of all parties involved, including the grantee(s). These instruments do not contain the acknowledgement/joinder of the City of Anna. Please obtain UW / Management;approval to forego;this requirement and/or satisfy Please let me know if i may be of further assistance. Respectfully, David Flores Commercial Examiner 5800 Plano Parkway, Suite 220 � Plano, TX 75093 Office: (972) 682-2700 (Fax: (972) 682-2750 DFlores@ctot.com 1 the requi'rement.via otheY means.. After Recording, Return To: City of Aman PO Box 776 Anna, TX 75409 RATIFICATION OF CORRECTION EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN WHEREAS, by that certain Permanent Water Easement recorded under Document Number 20170123000094990, Oficial Public Records, Collin County, Texas, QJR PARTNERSHIP LTD, "Grantor" therein, conveyed certain easement property to the CITY OF ANNA, TEXAS, the "City" therein; and, WHEREAS, by that certain Correction Easement Permanent Water Easement recorded under Document Number 20191220001627040, Official Public Records, Collin County, Texas, Grantor corrected the Permanent Water Easement by replacing the Exhibit A portion of said document; and, WHEREAS, the City did not execute the Correction Easement Permanent Water Easement; and, WHEREAS, the Texas Property Code requires that all parties to a conveyance instrument ratify by signature any material correction to such conveyance instrument; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ANNA, TEXAS does hereby RATIFY and AFFIRM that cert ain Correction Easement Permanent Water• Easement recorded under Document Number 20191220001627040, Official Public Records, Collin County, Texas, Page 1 of 2 EXECUTED on the /y day of , 20ozo _ THE CITY nF NA, TEXAS By: PTWA��l�i'� STATE OF TEXAS COUNTY OF COLLIN LAURETfA KAY BtACKETER MY Notary ID IF 129369379 Expires April 1, 2021 PREPARED TN THE LAW OFFICES OF: McWILLIAMS & McWILLIAMS 2713 Virginia Parkway, Suite 100 McKinney, Texas 75071 rl Notary Public, State of T, Page 2 of 2 12:42:46 Pfl EM 114 THE PURPOSE OF THiS DOCUMENT IS TO CORRECT THE PERMANENT WATER EASEMENT, RECORDED IN COUNTY CLERK FILE NO, 201701230000949901 OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, REPLACING THE EXHIBIT A PORTION OF THE DOCUMENT. CORRECTION EASEMENT PERMANENTWATER EASEMENT Date: Gnntar: QJR Pannership LTD. Gnntec: City of Anna, Toxas, a municipal corporntiun Gnater'a Matting Address: Gnatce's MA ng Addrtss: 9262 County Road 419 P.O. Box 776 Anne, TX 75409.8205 Anna, Texas 75409 in Collin County, Texas Grantor's Properly: The Grantoi s Proporty is a tract f" A located in the P. T. Daffau Surv ey, Abstract to. 00288, convoyed Io QJR Partnership LTD by deed recorded In InrirumenAIL 20020214000237330 and Voluma 5106. Page 2380, of the Deed �tecords, Collin County, Texas, (DRCCT). permaaeot Water Easement: That Permanent Wator Easement ("EuemenP') isU.036acresofproprrt y+ettbin Grantor's Properly, said0.036 teres being a sWp of lend of variable +vidth. A metas and bounds legal description of that Easement is attached as ExhibitA. asement Purpose: Asmom fullydescribedherein, toconstruct and use water utility lines belowthesurface, togetherwith the rightofingress A egress along, upon, over, under, and across Grantor's Property within the bounds of the Easement. Ganslderatlan:ThesumatYendotlers(S)0.00)ondothergoodand valuable cnnsidera tion,thereceiptendsufficiency of which nra acknowledged by Gtantar. Gnat of Easement: Grantor, for the Consideration descri bed herein, grants, sells, and convoys to Grantee and Grantee's heirs, succeuurs tend assigur, the Easement over, under, on and across Grentoi s Property for that Easement Purpose, including the right ofconswctlon, �mtallation, reconswclion, operation, malntemmce, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal yard other associated uses of water utility lines together with all and singular the rights and appurtenances thereto in any way belonging, (colledlvely, the "Essament Rights'% to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns never. t±rantor binds Grantor and Grantors heirs, successors, and assigns to warrant and forever defend the title to the Easement and that ment Rights in Grantee and Grantee's heir, successors avid assigns against every person whomsoever lawfully claiming or to claim he Easement or any part of the Easement Rights, Grantee shall have the right to prevent excavation within the Easement; the right to vent construction ofany and all buildings, structures or odrar obstructions which would endanger or interfere with the efficiency, safety, indlor convenient operation of the aforementioned utility lines and their appurtenances; and the right to vim or remove trees or shrubbery vithin, but not limited to, said Easement, to the extent as may be necessary to prevent possible interferenco with the operation of said lines r their appuricnanc oat, or to remove possible hazard thereto, of Easemenl:l'ha duration of the Easement is perpetual, unlit all of said facilities shall be abandoned. If abandoned, said shall cease grid all rights herein granted shall terminate and raved to Gra F.treett'fhis Easement binds and inuns to the benefit ofthe panics and their respective hairs, successors, and permitted nter or Grantor's successors or assigns, taraclerof Eascineal: The Easement is appurtenant to end runs with the title to Grantor's Property, whetherornot the Easement is referenced described In any conveyance of ell or such portion of Grantor's Property. HLANKi assigns. (SIGNTUR1iS PAGE FOLLOWS, REMAINDER OF THIS PAGE fi71iNTIONAI.I.V LEFT IN WITNESS WHEREOF, this instrument is executed on this the 11 day of AUAL aw2011 QJR Partnership LTD. a.,• rnm.e n rr„ut�e THC STATE OF TEXAS § COUNTY OF COLLIN § his instrument was acknowledged before me on the qday of Qt1j, 20,9 by, MQS R EQ�� who states under oath that he/she is the owner of the Grantor's Property described here in and has the authority to execute this document. "4�.° +���'�, JONI HARLOW otary Public, State of Texas No Public, tato Of Texas S`•, r ` Comm. Ex fres 12-17.2022 tgry �.. p Dy: Jeffery W. Rollins �''n�ia" Notary ID 12.4408760 i A DGMENT THFr STATE OF TEXAS § COi1NTY OF COLLll+t § This *instrument was acknowledged before mean the a day of aA. , 20 jq by o states under oath that he/she is the owner of the Grantor's PTMrty described her in and has the authority to execute this document, State of Texas L. Noulry Pubtic, Stale of Texas me on the day of_��, 20�, states under oath that he/she Is the owner of the Grantor's authority to execute this docttmanl ,`o"rivn�/.,, JONI HARLOW a``�xi�'�i, JONI HARLOW �a4+ +�n'c Notary Public, Stats of Texas Notary Public, $tote of Taxes *,Vz Comm. Expires 12.17-2022 1�l Comm. Expires 12.17.2022 NO ID 124408768 Notst 10 12440676$ me on the day of_��, 20�, states under oath that he/she Is the owner of the Grantor's authority to execute this docttmanl ,`o"rivn�/.,, JONI HARLOW �a4+ +�n'c Notary Public, Stats of Texas *,Vz Comm. Expires 12.17-2022 NO ID 124408768 FI LB and R■oord■tl '" Otllo!■t Publlo R■oordt St■oW K■mp, Cointy C1■rk Col lln CounlyI TE%RS 12f201201R M42t48 PM 538.00 DKTTZM[LLER 2oiR1220001627040 i i i FI LB and R■oord■tl '" Otllo!■t Publlo R■oordt St■oW K■mp, Cointy C1■rk Col lln CounlyI TE%RS 12f201201R M42t48 PM 538.00 DKTTZM[LLER 2oiR1220001627040 ri ri hri44�,��y ry y f, , PERMANENT WATER EASEMENT Date: 1Zf2/201 07 Grantor: QJR Partnership LTD. Grantee: City of Anna, Texas, a municipal corporation Grantor's Mailing Address: Grantee's Mailing Address: 9262 County Road 419 P.O. Box 776 Anna,'FX 75409-8205 Anna, Texas 75409 in Collin County, Texas Grantor's Property: The Grantor's Property is a tract of land located in the P. T. Daffau Survey, Abstract No. 00288, conveyed to QJR Partnership LTD by deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records, Collin County, Texas, (DRCCT). Permanent Water Easement: The Permanent Water Easement ("Easement") is 0.036 acres of property within Grantor's Property, said 0.036 acres being a strip of land of variable width. A metes and bounds legal description of the Easement is attached as Exhibit A. Easement Purpose: As more fully described herein, to construct and use water utility lines below the surface, together with the right of ingress and egress along, upon, over, under, and across Grantor's Property within the bounds of the Easement. Consideration: The sum often dollars (10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor. Grant of Easement: Grantor, for the Consideration described herein, grants, sells, and conveys to Grantee and 0- assigns, assigns, the Easement over, under, on and across Grantor's Property for the Easement Purpose, including the right of construction, installation, reconstruction, operation, maintenance, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal and other associated uses of water utility lines together with all and singular the rights and appurtenances thereto in any way belonging, (collectively, the "Easement Rights"), to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement and the Easement Rights in Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement Rights. Grantee shall have the right to prevent excavation within the Easement; the right to prevent construction of any and all buildings, structures or other obstructions which would endanger or interfere with the efficiency, safety, and/or convenient operation of the aforementioned utility lines and their appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto. Duration of Easement: The duration of the Eas ement is perpetual, until all of said facilities shall be abandoned. If abandoned, said Easement shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's successors or assigns. Character of Easement: The Easement is appurtenant to and runs with the title to Grantor's Propert y, whether or not the Easement is referenced or described in any conveyance of all or such portion of Grantor's Property. Binding Effect: This Easement binds and inures to the benefit of the parties and their respective heirs, successors, and permitt ed assigns. [SIGNA"CURES PAGE FOLLOWS, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 19 20121x 2 23 r 0 CALLED 162.12 ACRES QJR PARTNERSHIP, LTD. VOL, 6108, PG, 2380 RiOHT OF WAY DEDICATION " 1.052 ACRE n o (451836 SQ. FT.) � $ SRWAF, !A"F d99 4n IRF -- — --- _-- -- . P.O.B.._._ 518" IRF 20' WIDE PVtkq ENT WATER LNe 2s Tom`— HELMOKEN CALLED 114.6os ACREsEASEW #W No20+OO+�o ANNA 456 RESIDENTIAL, LP o.RR.C.C,T: DRIVE FALLS INST. N0.20070403000444410 & 28 INST. N0.20070403000444420 27 . O.P.R.C.C.T. �3 LINE TABLE N0, BEARING LENGTH Li S00`33 WW 40.00' L2 N8W00'06"W 30.00' L3 SooM3'Ss�W 11o.a4' NOTE: 1. An CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 11027'30" 890.00' 477.99' S77"282WE 177.89' C2 17401'35" 810.00' 240.70' S80'15284E 239.82' bearings shoMm aro basad on grid north of the TeXaa Coordinate SysCem, NAD83, North Central ZCna 4202. All dimensions etrown are ground distances, To obtaln a gtid dlstence, mulUply U» ground distance by the PmIW Cant insd Faofor {PCF) of 0,9998W673, MtCHA�t MARX RI:Q1.67ERE.D PROFES9tONAL LAND SURVEYOR N0.6181 5760 GENESIS COURT, SUITE 200 PRISCO, TEXAS 78034 )H, 972-335.3580 MICHAEL B.•MARX :.0 5181 •. t7F 0 9y� • 5 tl R u� o too FMC SCALE W FEET LEGEND d = CENTRAL ANGLE P.O,B. = POINT OF BEGINNING IRF a IRON ROD FOUND IPF = IRON PIPE FOUND P.R C.C.T. = PLAT RECORDS OF COLLIN COUNTY, TEXAS L.R.C.C.T. = LAND RECORDS OF COLLIN COUNTY, TEXAS O.P.ft,C:C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS RIGHT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY ABSTRACT N0.288 CITY OF ANNA COLLIN COUNTY, TEXAS Kmle >>>Horn o �A v rOLNo(47�) FtYoo.7ar ti0S1. RFMolul"m FaicNa(tr7.li,3SJ7ti +•-aoa 1 APi I KWi 1 SIM seu / s/ BEING a tract of land situated In the Francis T. DOW Survey, Abstract No. 288, City of Anna; Collin County, Texas and being a portion of a called 162.12 acre tract of land conveyed to QJR Partnership, Ltd., as evidenced in a Warranty Deed, recorded In Volume 5106, Page 2380 of the Land Records of Collin County, Texas, and being more particularly described as follows; BEGINNING ata 5/8 -inch Iron rad found for the southeast comer of said 162.12 acre tract, some being the southwest comer of a called 51,195 acre tract of land conveyed to Two -J Partnership, LLLP, as evidenced in Quit Claim Deed, recorded In Instrument No. 2008059000562500 of the Ofticlal Public Records of Collin County, Texas, on the northerly line of a called 114.608 acre tract of land conveyed to Anna 455 Resldentiat, LP, as evidenced in as evidenced in a Special Warranty Deed, recorded in Instrument No. 20070403000444410, and a Special Warranty Deed, reoorded.in Instrument No,. 20070403000444420, both A the Official Public Records of Collin County, Texas; THENCE North 88°46'15" Weat, along the southerly line of said 1132.12 acre tract and along the nonnony tine of said 144.608 acre tract a distance of 803.28 feet to a 5/1 inch Iron rod found. for the northwest comer of said 114.608 acre tract, same being the northeast comer of The Falls Phase 2, an additionto the City of Anna, according to the Plat thereof, recorded in Cabinet P, Page 870 of the Plat Records of Collin County, Texas, on the southerly One of said 162.12 acre tract; THENCE North 89'00'06' West, along the southerly line of said 162.1.2 acre tract and along the northerly rine of said The Falls Phase 2, a distance of 30.00 feet to a 5/84nch Iron rod with a red plastic cap stamped "KHA'" set for comer, THENCE departin8 the northerly line of said The Falls Phage 2 and crnsstng said 162.12 acre tract, the fWowing courses: Mlcw►at. tw�Rx MICHAEL B. R�I$TEREb PRUFE3SIONAL ,••{•••••••••••••�• LMID SURVEYbrt N0.61B1 • ,0 5181 5760 GENESIS COURT, SUITE 200 EON FRi8CO, tEXAS 76034 �1' '••••....... PR: e72 -335;M D S UV North 00°4358" East, a distance of 110.44 feet to a 518 -Inch Iron rod with a red plastic cap stamped °KHA" set at the beginning of a non -tangent curve to the right having a central angle of 11'27`30", a radius of 890.00 feet, a chord Hearing and distance of South 77'2828" East, 177.69 feet; In a southeasterly direction, with said curve to the right, an are distance of 177.99 feet to a 5/84nch iron rod with a red plastic cap stamped "KHA" set at the beginning of a reverse curvo to the left having a central angle of 11:01135", a radius of 810.00 feet, a chord bearing and distance of South 80.15'28" it, 239.82 feet; • In a southeasterly directioh, with said curve. to the left, an are distance of 240.70 feet to a 5/84nch Iron rod with a red plastic cap stamped "KHA" set for comer; South 88'46'15" East, a distance of 422.34 Beet to a Inch Iron rod with a red plastic cap stamped "KHA" set for comer on the easterly line of said 162.12 acre tract, same being the westerly line of aforesaid 51.195 acre tract; THENCE South 00°33'24" West, along the easterly line of said 162.12 acre tract and along the westerly line of said 51.195 acre tract, a distance of 40.00 feet to the POINT OF BEGINNING and containing 1.062 acres (451836 sqt ft.) of land, more or less, All bearings shown are based on grid north of the. Texas Coordinate System, NAD83, Notch Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. RI�3HT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY ABSTRACT N0.288 CITY OF ANNA COLLiN COUNTY, TEXAS' e 101 Filed and Reoorded Offiolal Publio Reoords Staoey KemPCounty Clerk Collin County TEXAS 01/23/2017 10:26:14 AM 542.00 SCAPEIA 20170123000094990 N WITNESS WHEREOF, this instrument is executed on this thea Aday of , 2017. QJR )?artnershfp LTD. By: THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on in ay of under oath that he/she is the owner of the Grantor's Property descri Jeffr_ev W. Rollins GMENT THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on tht day of under oath that he/she is the owner of the Grantor'' Property descri r 60,t the authority Notary Public, State CARRIE L. SM►TH Notary Public. State o} Texas My Commission Explres January 27, 2019 the authority State CARRIE 1. SMI1H Notary Pub11c, State of Texas MyComm 00 lanuary 27, 2019 s THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day o , 20JL by I under oath that he/she is the owner of the Grantor's roperty described herein a d has the authority Notary Public, CARRIE 1. 5MI1H Notary Public, State of Texas My Commission Explre� January 27, 2019 �vho states who states who states After Recording, Retu► n To: City of Anna PO Box 776 Anna, TX 75409 RA TIFICA TION OF CORRECTION SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN WHEREAS, by that certain Special Warranty Deed recorded under Document Number 20170123000094980, Official Public Records, Collin County, Texas, QJR PARTNERSHIP LTD, "Grantor" therein, conveyed certain real property to the CITY OF ANNA, TEXAS, the "City" therein; and, WHEREAS, by that certain Correction Special Warranty Deed recorded under Document Number 20191220001627030, Official Public Records, Collin County, Texas, Grantor corrected the Special Warranty Deed by replacing the Exhibit A portion of said document; and, WHEREAS, the City did not execute the Correction Special Warranty Deed; and, WHEREAS, the Texas Property Code requires that all parties to a conveyance instrument ratify by signature any material correction to such conveyance instrument; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ANNA, TEXAS does hereby RATIFY and AFFIRM that certain Correction Special Warranty Deed recorded under Document Number 20191220001627030, Official Public Records, Collin County, Texas, Page 1 of 2 EXECUTED on the IL%.v day of , 20JLO . THE CITY OE ANKA, TEXAS By: STATE OF TEXAS COUNTY OF COLLIN i 1. by 7J •W o. IAUR@TTA KAY BIACKETER My Notary ID # 129a69379 Expires April 1, 2021 PREPARED IN THE LAW OFFICES OF: McWILLIAMS & McWILLIAMS 2713 Virginia Parkway, Suite 100 McKinney, Texas 75071 Notary Public, State of Page 2 of 2 i THE PURPOSE OF THIS DOCUMENT 1S TO CORRECT THE SPECIAL WARRANTY DEED, RECORDED IN COUNTY CLERIC FILE NO.20170123000094980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, REPLACING THE EXHIBIT A PORTION OF THE DOCUMENT. Notice of ConRdentinlity Rights: If you are a oaturet persoa, you may remove or strike any of the following information from ibis instrument before it is flied for record in the public records: your Social Security Number or your Driver's License Number, CORRECTION SPECIAL WARRANTY DEED STATE OF TEXAS § § COUNTY OF COLLIN § WHEREAS, theCiryofAnna,Tcxns, CounryofCollin, Stateoffcxas(the"City"), ahome•nricmunicipality,is authorized under the Texas Lecal Government Code to acquire land and such other property rights, including acquisition of strceVroadthighwayrightofway deemed ncconary orconvenient to a City road project to be constructed, teconstrucled, maintained, widened,stmightened, orextended, ortoaccomplish any otherpurposerolated to the location, construction, improvement, maintenance, beautification,preservation, oroperationofe road projectproviding jorpublictransportation; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, QIRPannership LTD., hcroinaticrrcfcrced toes"Grantors; 'whether one ormorc, forand inconsideration ofthe sumof Tcn dollars($10)to Grantors in hand paid by theCity, hereinafter sometimes rcfcttcd to as Grantee, receipt ofwhich is hcrobyacknowledged,andfor whichnolien isretained,elthorexpressedorimpped,havethisdaySoldand by these presenlsdo Gmnt, Bargain, Sell andConvey unto tho Grantee all thatcertain tractorparcel ofland tying end being situated in theCity of Anna, County ofColiin, Stateof Texas, more panicularly described in Exhibit "A; ' which is attached hereto and incorporated herein for any and all purposes. . Grenters hereby acknowledge thetthciruscofandecccss tothcCity sirccUrond/lrighwoylobe constructed inconjunclionwith Ihepublicroad facilityofwhichthc landhcrcbyconvcycd shall becomcapert(hcrcincaltcd"RoadFacility"), shallbcand foreverremainsubjcci to the same regulation by legally constituted authority as applies to the public's usethercof. TOHAVE ANDTO HOLD ihcprcmiscs herein described and hcrcinconvcycd together withal l andsingularthe rights and appurtenances thereto inany wiscbclonging unto thcGrantccand itsassigns forcvcrandGrantorsdohcrcby bindoursclves, ourheirs,exceutors,administrators, successors and assigns to warrantend Forever Defend all andsingularthcsaid premises hcrcin conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming ortoclaim the some or any pari thereof through Grantor or Grantor's heirs, executors, administrators, successors or assigns, but notolhcrwisc. ISICtNA11IRIiS PALL PCl.LON'S, Hl?MAIKDIiFI Of TI IIS I'.\Cil INTENTIONALLY LIiP'I' BLACK) IN WITNESS WHEREOF, this instrument is executed on this theday of , 20Lf�l QJR Partnership LTD. BY: James D. Rollins THE STATE OF TEXAS § COUNTY OF COLLIN § This ins ent was aclmowledge before me on the day of m, (• _—, 20jtZ by � .Q2itl5 Q///Ij who states under oath that he/she is the owner,of the Grantor's Pr%*rly4escribcd here in an¢ has the authority to execute this document. Notary }jitbllc, State oCTcxas By: Jeffery W. Roll ins ACtL7NbWL�DGMENT THE STATE OF TEXAS § COUNTY OF COLLDV § This instrument was acknowledged before me on the fday of a MI47 by lkkLC>ho states under oath that he/she is the owner of the Grentor's Propertt�described here in and has the authority to execute this document, jam- Notery public, State of Taxa. Comm. Expires 12.17.2022 Notary ID 124408768 Notary �ublic, State of Texes Bv: Rebecca L. Rollins THE STATE OF TEXAS § COUNTY OF COLLIN § This in ant was acknow /lodg bcf �� m`e on the 2dday of lam— 20 by �d.� r1.r '6 �!l zbo statesvtj under oath that he/she is the owner of the Grantor's Notary here in and,�as the authority to execute this document. State of Toxas �� up �o�rr�•,� JONI HARLOW ftr v& e. JON, HARLOW k� ... 3:°+" �,E Notery Public, State of Texes Notary public, Steta of Texas Comm. Expires 12-17.2022 Comm. Expires 12-17-2022 Notary 1D 124400768 Notary ID 124408768 THE STATE OF TEXAS § COUNTY OF COLLDV § This instrument was acknowledged before me on the fday of a MI47 by lkkLC>ho states under oath that he/she is the owner of the Grentor's Propertt�described here in and has the authority to execute this document, jam- Notery public, State of Taxa. Comm. Expires 12.17.2022 Notary ID 124408768 Notary �ublic, State of Texes Bv: Rebecca L. Rollins THE STATE OF TEXAS § COUNTY OF COLLIN § This in ant was acknow /lodg bcf �� m`e on the 2dday of lam— 20 by �d.� r1.r '6 �!l zbo statesvtj under oath that he/she is the owner of the Grantor's Notary here in and,�as the authority to execute this document. State of Toxas �� up �o�rr�•,� JONI HARLOW 3:°+" �,E Notery Public, State of Texes Comm. Expires 12-17.2022 Notary 1D 124400768 t, t .11. t•.�/II.:Y .71 • • • 1 :1. / .11 t IK 111 1I L1 . !1 I 1 111 • .1 7 i Mill 1., 1 its, it 4 1 / 1 i 1 11 Am IF MICHAEL B. MARX .vl. 1 r• 1 :Vso ITit Li 11 I 11 • • t fa i 1 1 1 1 e.11, 1 RItiHT OF WAY DEOiCATtON FRANCIS T. DUFFAU SURVEY ABSTRACT N0.288 CITY OF ANNA COWN COUNTY, TEXAS CALLE01E2,12ACRE9 WR PARTNERSHIP, LTO, VOL. $100, PG. 2300 RIGHT OF WAY L R acr. I ow4mm„""„`"'A7°"' DEDICATION ci .s cv.�aat 1.062 ACRE ( n a of (45,836 SQ, FT) SW4VIM 424U CALLED a tE 20 21 22 23 W IRF 618' IRF `" S VALWW 2e HELMOKEN ANN 06�RESIDENTIAL,CALLED I LP uo,n0000naw DRIVE FALLS INST. NO, 20O100300o414410 & ,,� se INET, NO.200704030tlO"20 4 ( 2J O.P.R,C.Q.T. HOT[: 00 n o c�®®mmom 0�M HOT[: i �• LEOEND 4 � CENTRIU. ANOIE P.09. • POINT OF 6EGaN1,TN0 MiF � FRON ROD FOIMYD fPF • IRON PIPE FOUND RRC.C,T. • PLAT RECORDS OF COW N COUNTY, TEXAS L,R O.C.T.. LAND RECORDS OF COW N COUNTY, TEXAS O.P,R.O.C.T, is OFFICIAL PUIM RECORDS, COLLIN COUNTY, TEXAS RIGHT OF WAY D1:WCATiON FRANCIS L OUFFAU SURVEY ABSTRACT NO* 288 CITY OF ANNA COLUN COUNTY, TEXAS mCmm o c�®®mmom `©—m i �• LEOEND 4 � CENTRIU. ANOIE P.09. • POINT OF 6EGaN1,TN0 MiF � FRON ROD FOIMYD fPF • IRON PIPE FOUND RRC.C,T. • PLAT RECORDS OF COW N COUNTY, TEXAS L,R O.C.T.. LAND RECORDS OF COW N COUNTY, TEXAS O.P,R.O.C.T, is OFFICIAL PUIM RECORDS, COLLIN COUNTY, TEXAS RIGHT OF WAY D1:WCATiON FRANCIS L OUFFAU SURVEY ABSTRACT NO* 288 CITY OF ANNA COLUN COUNTY, TEXAS Ftl�tl �hd R�oord�tl Offlalal Puhllo R�oord� 6tao�y Knp, County Gi�rk Callln Caunty� iE%R6 12lZ0/2010 12iQtO PM 542.OD DKITZMILIER Z01G iZ20001027030 1 1 llll �1 1 1 1 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. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS, the City of Anna, Texas, County of Collin, State of Texas (the "City"), ahome-rule municipality, is authorized under the Texas Local Government Code to acquire land and such other property rights, including acquisition of street/road/highway right of way deemed necessary or convenient to a City road project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a road project providing for public transportation; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, QJR Partnership LTD., hereinafter referred to as "Grantors," whether one or more, for and in consideration of the sum of Ten dollars ($10) to Grantors in hand paid by the City, hereinafter sometimes referred to as Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the Grantee all that certain tract or parcel of land lying and being situated in the City of Anna, County of Collin, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. Grantors hereby acknowledge that their use of and access to the City street/road/highway to be constructed in conjunction with the public road facility of which the land hereby conveyed shall become a part (herein called "Road Facility"), shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the Grantee and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof through Grantor or Grantor's heirs, executors, administrators, successors or assigns, but not otherwise. [SIGNATURES PAGE FOLLOWS, REMAINDER OF THIS PA 11104116 Parcel No. 4 EXHIBIT 1 FIELD NOTE DESCRIPTION FOR PERMANENT WATER LINE EASEMENT OVER, UNDER, AND ACROSS THE PROPERTY OF QJR PARTNF.RSHII' LTD (INSTRUMENT NUMBER 20020214000237330 & VOLUME 5106, PAGE 2380, DEED RECORDS OF COLLINN COUNTY, TEXAS) BEING a parcel of land for a variable width permanent water line easement and being under, over and across a 162.12 acre tract located in the F.T. Daffau Survey, Abstract No. 0288, Collin County, Texas, conveyed to QJR Partnership LTD by a deed recorded in: Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records of Collin County, Texas (D.R.C.C.T.), said variable width permanent water line easement being more particularly described as follows: BEGINNING at a point for corner, in the southeast portion of the said 162.12 acre QJR Partnership LTD tract and in the west right -of --way line of a future variable width right-of-way dedication to the City of Anna (by )thers), said point of beginning being N 86°47122" W, a distance of 834.05 feet from a 5/8" iron rod found in the southeast comer of said 162.12 acre QJR Partnership LTD tract and the southwest comer of a 51.195 acre tract of land conveyed to Two -J Partners, LLLP by deed recorded in Instrument Number 20080509000562500 of the D,R.C.C.T., said iron rod being in the north property Linc of a 114.608 acre tract conveyed to Anna 455 Residential, LP by a deed recorded in Instrument Number 20070403000444410, of the D.R.C.C.T, said point of beginning also being N 44°55115" W, a distance of 41.96 feet from a 5/8" iron rod found in the south property line of said 162.12 acre QJR Partnership LTD tract, and being in the northwest property corner of said 114.608 acre Anna 455 Residential, LP tract, said iron rod being in the northeast corner of a 29.157 acre tract of land being The Falls Phase 2, an addition to the City of Anna as recorded by Subdivision Number 58550, of the Plat Records of Collin County, Texas (P.R.C.C.T.), said point of beginning also being the beginning of a non -tangent curve to the left; THENCE, along said curve having a radius of 830.00 feet, a central angle of 14°19'36", and an arc distance of 207.54 feet (chord bearing - N 81°49'44"Wand chord distance of 207.00 feet) to a point for corner; THENCE, S 880 59'32" E, a distance of 106.95 feet to a point for a corner, said point being the at the beginning of a curve to the right; THENCE, along said curve having a radius of 830.00 feet, a central angle of 6'48'14", and an arc distan ce of 98.56 feet (chord bearing - S 85°35'25" E and chord distance of 98.51 feet) ko a point for comer, said point being on the west right-of-way line of said future right-of-way dedication; THENCE, S 0°4258" W, a distance of 19.97 feet to the POINT OF BEGIN NING, said variable width Water Line Easement containing 0.036 acre (1,563.25 square feet) of land, more or less. otes: 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 08/10/2016. 3. An Easement Plat of even date herewiih accompanies this Field Note Description. Derek B. Chi Texas Regist Birkhoff, Hej TBPLS Firm 11910 Green Has, Texa: Phone: 214-3 x:�rrola�av�a�o►aiu�e,�_riau�«+�s�:u��aa����.aoa Pagel oft :7 N 0 CL N tnNU 00 cc;V $n= Nt�� a. o , Z Z i rr y 'NQ STTfd YWJYIN a Z a it �r W QJR Partnership LTD. sy: THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the< day of Gi{R I t Q states under oath that he/she is the owner of Grantor's Property described herein THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on th jLl day of Q UaE 2011 states under oath that he/she is the owner of Grantor's Property described h�has the ai State ,.,µ; ►�yw, CARRIE L. SMITH i6 Nota►y PUbiio, State of Texas s My Commission Expire$ January 21, 2019 who who THE STATE OF TEXAS § COUNTX OF COLLIN § This instrument was acknowledged before me on theay of 20�, by ho states under oath that he/she is the owner of Grantor's Property described hhas the authority to execu is doc t. otary Public, State of ToTas , �Y'�'` a;'� CARRIE L, SMITH � �?'�,tr- s,� Notary Public, Stale of texas My Commission Expires January 27, 2019 nty, TEXAS 10:25:13 AM PELA 0094900 Alt 61 i $