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HomeMy WebLinkAboutEDC/CDCRes2018.03.02018 04:00:34 PM EM 116 EPT # 2017-4956 District: McKinney WR #: 3362498 ER # EASEMENT AND RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That, Anna Economic Development Corporation, a Type A Development corporation, and Anna Community Development Corporation, a Type B Development corporation, hereinafter called "Grantor', whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of-way for overhead electric supply and communications lines, consisting of a variable number of wires, cables, and all necessary or desirable appurtenances over, across, and upon Grantor's land described as follows: SEE EXHIBIT "Ai' (ATTACHED) Together with the right of ingress and egress along and upon said easement and right- of-way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities within said easement; the right to relocate said facilities in the same relative position to any adjacent road if and as such is widened in the future requiring relocation of such facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances and the right to trim or remove trees or shrubbery within said easement area, including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the reasonable judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And it does herby bind itself, its successors, legal representatives, and assigns, to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, its successors, legal representatives, or assigns, but not otherwise. EXECUTED this day of �%� 1(ti.u�l \ _ , 2018 GRANTOR: Anna Economic Development Corporation, a Type A Develop t orporation B onnie ump, Pr ent Anna Community Development Corporation, a Type B Development corporation By: Alon o Tutson, President STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Connie Stump, President of Anna Economic Development Corporation, a Type A Development corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ng,±d 2018. IAURETTA KAY BLACKETER My Notary ID # 129369379 Expires April 1, 2021 STATE OF TEXAS § COUNTY OF COLLIN § Notary Public in and fbr the`State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Alonzo Tutson, President of Anna Community Development Corporation, a Type B Development corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed_ 2018. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -day ofl�,z-� c v LAURETTAKAYBIACKETER Notary Public in and for he State of Texas My Notary ID # 129369379 ry " ';,' Expires April 1, 2021 PAGE 1 of 2 JOB No. 3362488 EXHIBIT "A" ONCOR ELECTRIC DELIVERY COMPANY, LLC I V EASEMENT BEING a ONCOR Electric Delivery Company, LLC easement situated in the C.E.W. Babb Survey, Abstract No. 33, Coffin County, Texas, and being a part of that same tract of land as described In Special Warranty Deed to the Anna Economic Development Corporation recorded under Clerk's File No. 201701030000a4800 in the Deed Records of Collin County, Texas, (DRCCT), and being more particularly described as follows: BEGINNING at a point the east line of a tract of land as described in deed to the Dallas area Rapid Transit regarded under Clerk's File No. 2001-0078323 DRCCT; from which a 3/8-inch iron found at the northwest comer of said Anna Economic Development Corporation tract, at the intersection of County Road 421 with the east line of said Dallas Area Rapid Transit tract bears North 18 Degrees 43 Minutes 52 Seconds East 38.78 feet; THENCE South 89 Drees 11 Minutes 20 Seconds East, deparfiing the east line of said Dallas Area Rapid Transit Vacs, at all times remaining 35.00 feet south of and parallel to the north line of said Anna Economic Development Corporation tract, 40.00 feed THENCE soya, 00 Degrees as Minutes ao Seconds wit, 15.00 mot; THENCE North 89 Degrees 11 Minutes 20 Seconds West, at all times remaining 50.00 feet south of and parallel to the north line of said Anna Economic Development Corporation track, 44.85 feet to a point in the east line of said Dallas Area Rapid Transit track THENCE North 18 Degrees 43 Minutes 52 Seconds East, along the east line of said Dallas Area Rapid Transit tract,15.78 feet to the POINT of BEGINNING and containing 0.015 acre of land. Brad Sparr' Registered Professional Land Surveyor No. 3701 p� BRAD SWAR k, 3701 Span Surveys 2553 County Road 722 A9clCnney, TX 75069 (214) 544-2297 � Parvr of 3 �►ffaINING y�y h ro S 8911'20" E 4O �O � N 1804352' E�2 40. 15.78' � N 08'1120' W 44.85' V Q� 2 40 PGEa L TD Clerk's File No. Vol. 5387. Pg. 468 DRCCT COUNTY ROAD 421 8 iWWv E ;2 M'? w C MAX 0 S W4W40" W 15.000 Future South **--1 15' ONCOR Electric Line CR 421 Delivery Company Easement Anna Economic Development Corporation Clerk's File No. 20170103000004800 DRCCT CHAM 1JNK FSrcE d pasr AT CORNER Sparr Surve s Scale1 50 1) BEARINGS ARE BASED ON TEXAS STATE PLANE 2553 C.R. 722 Date 12— Q=M17 COORDINATES, NORTH CENTRAL ZONE, HAD 63, McKinney, Tens 75069 UMUZING THE WESTERN DATA SYSTEMS YRS. (214) S44-2297 JOB No.: 6.24$8 PAGE 2 OF 2 2) FIR DENOTES A FOUND [RON ROD. TBPt s nam No. 100593W "V rn IV >< 0 N N Filed and Recorded Official Public Records Stacey Kemp] County Clerk Collin County, TEXAS 03/21/2018 04:00.:34 PM $46.00 TBARNETT 20180321000344050