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Home My WebLink AboutCDCRes2018.04.05ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO, P>y'OS ccpc) A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORIZING A WATERLINE EASEMENT GRANT TO THE CITY OF ANNA WHEREAS, the Anna Community Development Corporation (the "CDC") desires to grant a waterline easement located on the Anna Business Park property to the City of Anna; and WHEREAS, the CDC has determined that a grant of a waterline easement to the City of Anna for the above -referenced property, further described in Exhibit A, is in the best interest of the CDC; NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Grant Easement The Board of Directors of the Anna Community Development Corporation authorize the Chief Administrative Officer to execute, on behalf of the CDC, subject to approval of legal form by the CDC's legal Counsel, a waterline easement, as further described in Exhibit 1, located in the Anna Business Park property, said authority to include execution of all necessary documents to consummate the transaction. PA$,SED AND AcIPROVED by the Anna Community Development Corporation this �1day of , 2018. APPROVED: Alonz Tuts ,CDC President ATTEST: Lauretta Blacketer, CDC Secretary ANNA CDC RESOLUTION NO��Ff'G�(�DS C�°`� PAGE 1 OF 1 111111 INIiii I �1 018 11:13:47 AM EM 116 PERMANENT WATER EASEMENT Date: Executed and effective on the dates of the acknowledgments set out below. Grantor: Anna. Community Development Corp. Grantor's Mailing Address: 111 N. Powell Parkway Anna, Texas 75409 Grantee: City of Anna, Texas, a municipal corporation Grantee's Mailing Address: P.O. Box 776 Anna, Texas 75409 in Collin County, Texas Grantor's Property: The Grantor's Property is in the D.E.W. Babb Survey, Abstract No. 33, Collin County, Texas, and being over, under and across an 85.571-acre tract of land conveyed to Anna Economic Development Corporation Type A and Anna Community Development Corporation Type B by deed recorded in Instrument No. 20170103000004800 of the Deed of Records of Collin County, Texas, (D.R.C.C.T.) Permanent Utility Easement: The Permanent Utility Easement ("Easement") is 1.177 acres of property within Grantor's Property, said 1.177 acres being a strip of land approximately 20 feet wide. 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, together with the right of ingress and egress along, upon and across Grantor's Property and along, upon, over, under, and across Grantor's Property within the bounds of the Easement. Consideration: The sum of ten 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 Grantee's heirs, successors and 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. Grantor recognizes that the general course of said lines and appurtenances to be constructed, or the metes and bounds as described herein, is based on preliminary survey(s) only, and Grantor hereby agrees that this Easement and its general dimensions hereby granted shall apply to the actual location of said lines and appurtenances. Duration of Easement: The duration of the Easement 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 Property, 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 permitted assigns. PERMANENT WATER EASEMENT PAGE 1 of 2 Name By Print Name: (!11 7 ) (,t14 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF COLLIN § / 1� This instrument was acknowledged before me on the IL&day of 2'20 (�, by T� .� who states under oath that he/she is the representative of the owner of Grantor's Propertydescribed herein and has the authority to execute this document. .. - of Public, State of Texas 01 ..... �LAURE17A KAY BIACKETER My Notary IU # 129369379 Expires Apol 1. 2021 •NOr PERMANENT WATER EASEMENT PAGE 2 of 2 Anna Economic Development Corp. Anna Community Development Corp. Anna Business Park Water Line 41212018 EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT 20-FOOT WATER LINE EASEMENT CITY OF ANNA, TEXAS Being a strip of land 20 feet in width for a permanent water line easement in the D.E.W. Babb Survey, Abstract No. 33, Collin County, Texas, and being over, under and across a called 85.571 acre tract of land conveyed to Anna Economic Development Corporation Type A & Anna Community Development Corp Type B, by deed recorded in Instrument Number 20170103000004800 of the Official Public Records of Collin County, Texas, (O.P.R.C.C.T.), said 20-foot wide permanent water line easement being more particularly described as follows: BEGRiNING at a point for corner, said point being at the northerly most southwest property corner of said 85.571 acre Anna EDC/CDC tract, said point also being at the northwest property corner of a called 1.000 acre tract of land conveyed to the City of Anna by deed recorded in Instrument Number 20071004001376120 of the O.P.R.C.C.T., said point also being in the east line of a Dallas Area Rapid Transit (D.A.R.T.) railroad right-of-way (a variable width right-of-way), said point bears N 0714822" W, a distance of 150.97 feet from a capped 5/8" iron rod found at the easterly most southwest property corner of said 1.000 acre City of Anna tract, said point also bears N 5 8113'26" W, a distance of 288.33 feet from a capped 5/8" iron rod found at the southeast property corner of said 1.000 acre City of Anna tract; THENCE N 1804414911 E, departing said common property corner and being along the west property line of said 85.571 acre Anna EDC/CDC tract and the east line of said D.A.R.T. railroad right-of-way, a distance of 34.94 feet to a point for corner; THENCE, departing said west property line and east right-of-way line, and dissecting said 85.571 acre Anna EDC/CDC tract the following calls for bearing and distance: S 69040' 19" E, a distance of 40.00 feet to a point for corner; S 89124'49" E, a distance of 300.47 feet to a point for corner; S 44024'49" E, a distance of 20.48 feet to a point for corner; S 20° 19'41" W, a distance of 142.91 feet to a point for corner; S 89025' 35" E, being at all times a 20-foot perpendicular distance from and parallel with the north line of an easement and right-of-way conveyed to TXU Energy by deed recorded in Volume 4951, Page 833 of the Deed Records of Collin County, Texas (D.R.C.C.T.), a distance of 2,041.74 feet to a point for corner; S 00017' 23" W, a distance of 20.00 feet to a point for corner, said point being in the north line of said TXU easement and right-of-way; N 89025'35" W, along the north line of said TXU easement and right-of-way, a distance of 2,054.38 feet to a point for corner; N 24040' 19" W, departing the north line of said TXU easement and right-of-way, a distance of 21.15 feet to a point for corner; N 20019141" E. a distance of 137.98 feet to a point for corner; HAProjects\Anna12017116 Business Park Water LineTasement Plats\Descriptions120-Foot WL Easement.docx Page 1 of 3 Anna Economic Development Corp. Anna C6mmunity Development Corp. 41212018 EXHIBIT "4 " Anna Business Park Water Line THENCE N 89021'43't W, along the north line of an interior ell of said 85.571 acre Anna EDC/CDC tract and the north line of said 1.000 acre City of Anna tract, a distance of 340.26 feet to the POINT OF BEGINNING, said permanent water line easement containing 1.177 acres (51,250 square feet) of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey concluded on 08/31/2017 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Q ��P.�G`sTER�t9 C ................................ GARY CLINTON HENDRICKS ................................ Q' Op sxo�y O SUR�� Dallas, Texas 75243 Phone: 214-361-7900 CAlD j2oif N HAProjects\Anna\2017116 Business Park Water Line\Easement Plats\Descriptions\20-Foot WL Easement.docx Page 2 of 3 r ANNA ECONOMIC DEVELOPMENT CORP. ANNA COMMUNITY DEVELOPMENT CORP. INST. NO. 20170103000004800 s CALLED 85.571 ACRES POINT i ?� BEG/NNZ O REFERENCE BEARING — Q. �� ,_ ° p N7'48'22"W - 150.97' L1 5/8" CIRF Lz L3 ) \ Ls \ \ L9 /\ 5/8" CIRF L7 Q v; ~ REFERENCE BEARING coo Q SEE DETAIL N58'13'26"W - 288.33' O / CITY OF ANNA _ INST. NO. 20071004001376120 CALLED 1.000 ACRES / PERMANENT 20-FOOT ° WATER LINE EASEMENT 1.177 ACRES (51,250 S.F.) r� n NOTES: 1. BEARINGS AND DISTANCES CITED IN THIS PLAT DESCRIPTION ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS n NORTH CENTRAL ZONE 4202. 2. FIELD SURVEYS CONCLUDED ON 08/31/2017 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. 0 300 1 INCH = 300 FEET DETAIL SCALE: 1 "=150' S8925'35"E, 2041.74' N8925'UIY,, 2054.38' L4 L5 LINE TABLE LINE # DIRECTION LENGTH L1 N18'44'49'E 34.94' L2 S69'40'19'E 40.00' L3 S89'24'49'E 300.47' L4 S44724'49'E 20.48' L5 S20'19'41'W 142.91' L6 S00'17'23W 20.00' L7 N24740'19'W 21.15' L8 N20'19.41'E 137.98' L9 N89'21'43W 340.26' EXHIBIT "A" PAGE 3OF3 D.E.W. BABB SURVEY ABSTRACT 33 I 30' SANITARY SEW. ESMT. INST. 20150422000453060 O.P.R.C.C.T. ll��- %� COLLIN COUNTY OUTER LOOP (VARIABLE WIDTH R.O.W.) _ Gt co ................................ GARY CLINTON HENDRICKS C., A......5073 v: Q.. 9oF o�P' S U R\J �y0 TXU EASEMENT & R.O.W. .. 4951, PG. 833, D.R.C. 0 0 M Z Lo w o o00 w N U CI- U O cq a o C5 N C5 z go �Z N z L6 Filed and Recorded official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 05/02/2018 11:13:47 AM $46.00 CJAMAL 20180502000535420