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HomeMy WebLinkAboutCDCRes2018.03.03018 04:00:35 PM EM 117 EPT # 2017-4955 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 underground electric supply and communications facilities, consisting of a variable number of wires, cables, conduits and surface mounted manholes, across and under Grantor's land described as follows: SEE EXHIBIT "A" (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. C201 Fr-d303 cac F a0c � 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 _/ J day of �2) , 2018. GRANTOR: Anna Economic Development Corporation, a Type A Development corporation Anna Community Development Corporation, a Type B Development corporation By. Alon o Tutson, President `� LAURETTA KAY BLACKETER STATE OF TEXAS t_ § u My Notary ID # 129369379 § pF E+Expires April 1, 2021 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 18. day of '7) J 2018. Notary Public in and or the StA of Texas STATE OF TEXAS § COUNTY OF COLLIN § 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this42 jday ofti- iK LAURETrAKAYBLACKETER No ary Public in and or the tate of Texas My Notary ID # 129369379 Expires April 1, 2021 PAGE I of 3 .JOB No. 3362488 EXHIBIT "A" ONCOR ELECTRIC DELIVERY COMPANY, LLC I W EASEMENT BEING a ONCOR Electric Delivery Company, LLC easement situated in the D.E.W. Babb Survey, Abstract No. 33, Collin 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. 20170103000004800 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 recorded under Clerk's File No. 2001-0078323 DRCCT, from which a 3/8-inch iron found 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, 36.78 feet; THENCE South 89 Degrees 11 Minutes 20 Seconds East, departing the east line of said Dallas Area Rapid Transit tract, at all times remaining 35.00 feet south of and parallel to the north line of said Anna Economic Development Corporation tract, 1762.74 feet to a point in the in the calculated east line of said Anna Economic Development Corporation tract and the westerly line of a tract of land as described in Special Warranty Deed with Vendor's Lien to Harlan Properties, Inc. recorded under Clerk's File No. 20121228001650300 DRCCT; THENCE South 11 Degrees 33 Minutes 41 Seconds East, along the east fine of said Anna Economic Development Corporation tract and westerly line of said Harlan Properties tract and, 15.36 feet; THENCE North 89 Degrees 11 Minutes 20 Seconds Vilest, departing the east line of said Anna Economic Development Corporation tract, at all times remaining 50.00 feet south of and parallel to the north line of said Anna Economic Development Corporation tract, 1770.88 feet to a point in the east line of said Dallas Area Rapid Transit tract; THENCE North 18 Degrees 43 Minutes 52 Seconds East, along the east line of said Dallas Area Rapid Transit tract, 15.76 feet to the POINT of BEGINNING and containing 0.609 acre of land. Brad Spaff Registered Professional Land Surveyor No. 3701 t A�P �,4T�9t•'•-� � � ��i• �N/ N M N • NNl� ��: N SRAD SPAAR 3701 Sparr Surveys 2553 County Road 722 McKinney, TX 75069 (214) 544-2297 EXHIBIT A �M �X cQ = w� 0 —� w EXHIBIT A. POINT OF N 18.43.52• E COUNTY ROAD 421 � BEGINNING 38.78' 401-1 S Wff2Og E 2090.30' 1 18'4352" E N 89'11'20" W 1770.88' 15.76' Future South Line CR421 CHAIN UW FENCE POST AT CORNER NIA 15' ONCOR Electric Delivery Company Easement L4j �Z Anna Economic Development Corporation Clerk's File No. 20170103000004800 DRCCT sale 1 SAO -- 200 - Sparr Surveys 1) BEARINGS ARE BASED ON TEXAS STATE PLANE 2553 C.R. 722 Dote 12-13-2017 McKinney, Texas 75069 COORDINATES, NORTH CENTRAL ZONE, NAD 83, UTILIZING THE WESTERN DATA SYSTEMS YRS. (214) 544-2297 JOB No.. 3362488 PAGE 2 OF 3 2) FIR DENOTES A FOUND IRON ROD. TBPLS FIRM No. 10059300 EXHIBIT A NIM Ww QQ 15' ONCOR Electric ZiDelivery Company Easement F— LLJ Anna Economic Development Corporation Clerk's File No. 20170103000004800 DRCCT COUNTY ROAD 421 s iW20s F 20�0.30l S 89611,20-0 E 1 762.74.' N 89-11 #20" W 1770.88' S 11'33'41" E Future South 15.36' Line CR421 FND MAG NAIL Calculated Boundary Line No Corner Monuments Found Horlan Properties, Inc. Clerk's File No. 20121228001650300 DRCCT � Sparr SurveysS�aIe 1 aoo 1) BEARINGS ARE BASED ON TEXAS STATE PLANE 2553 C.R. 722 Date 12-13-2017 COORDINATES. NORTH CENTRAL ZONE, NAD 83. McKinney, Texas 75069 UTILIZING THE WESTERN DATA SYSTEMS VRS. (214) 544-2297 JOB No.: 3362488 PAGE 3 OF 3 2) FIR DENOTES A FOUND IRON ROD. TBPLS FIRM No. 100593W Filed and Recorded Offioial Publio Records Stacey Kemp, County Clerk Collin County, TEXAS 03/21/2018 04:00:35 PM $50.00 TBARNETT 20180321000344100