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HomeMy WebLinkAboutRes 2011-01-06 Acquisition of Utility Easement-Geren.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2011-01-06 RESOLUTION APPROVING ACQUISITION OF A UTILITY EASEMENT WHEREAS, the City of Anna, Texas (the "City") desires to acquire a utility easement (the "Easemenf) located on property owned by Mr. John Geren (the "Owner"); and, WHEREAS, the City and the Owner have agreed on terms for the dedication of said Easement to the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby authorizes the City Manager to accept dedication of the Easement shown on the utility easement dedication document attached hereto as EXHIBIT 1, and incorporated herein for all purposes. Section 3. The City Council hereby authorizes the City Manager to pay the Owner $330 for the Easement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of January, 2011. ATTEST: APPROVED: Res. 2011-O1.()6 Acquisition Utility Easement..John Geren PAGE 1 OF2 1·25-11 PERMANENT UTILITY EASEMENT Date: __'__flO___ Grantor: Jonell and John Geren Grantee: City of Anna, Texas, a municipal corporation Gnntor's Mailing Address: 802 N. Powell Parkway Gnntee's Mailing Address: Anna, Texas 75409 111 N. Powell Pkwy Anna, Texas 75409 in Collin County, Texas Grantor's Property: The Grantor's Property is a tract ofland being a part ofthe Henry Brantley Survey, Abstract No. 23, also being a part ofthat tract of land conveyed to Jonell L. Geren and John R. Geren which is described in a deed to Grantor recorded in County Clerlc's Instrument Number 96-0089667 of the Collin County Official Public Records. Permanent Utility Easement: The Permanent Utility Easement ("Easement") is 0.10 acres of property within Grantor's Property, said 0.10 acres being a strip of land 10 feet wide along the east side of the Lot I, Block A of the Geren Addition. 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 and sewer utility transmission lines below the surface., 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 ofthe Easement Consideration: The sum of Three Hundred and thirty dollars ($330.00) 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 and sewer utility transmission 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 interterence 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 ofthe Easement is perpetual, until all of said filcilities shall be abandoned. Ifabandoned, 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 ofall or such portion of Grantor's Property. Binding Effect: This Easement binds and inures to the benefit ofthe parties and their respective heirs, successors, and pemritted assigns. City of Anna Print Name:_______________ ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the __day of , 2011, by ____-:-_____who states under oath that he/she is the owner(s) ofGrantor's Property described herein and has the authority to execute this document Notary Public, State ofTexas THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the __day of , 2011, by ___-::-:---:-_____who states under oath that he/she is the owner(s) ofGrantor's Property described herein and has the authority to execute this document. Notary Public. State of Texas Exhibit A Being an easement on a tract of land situated in the Henry Brantley Survey, Abstract No. 23 in the City of Anna, Collin County, Texas and being part of Lot 1, Block A of the Geren Addition to the City of Anna, Texas as recorded under County Clerk's File No. 2010 111701 0002300, said easement being more particularly described as follows: BEGINNING at the southeast comer of said Geren Addition; THENCE south 86 degrees 51 minutes 17 seconds west with the southerly line of the Geren Addition a distance of 10.34 feet to a point for comer; THENCE north 11 degrees 40 minutes 21 seconds east a distance of 399.70 feet to a point for comer; THENCE north 12 degrees 14 minutes 27 seconds east a distance of 40.31 feet to a point for comer in the northerly line ofthe Geren Addition; THENCE north 86 degrees 14 minutes 00 seconds east with the northerly line ofthe Geren Addition a distance of 10.40 feet to the north east comer of the Geren Addition; THENCE south 12 degrees 14 minutes 27 seconds west with the east line of the Geren Addition a distance of 43.12 feet to a point for comer; THENCE south 11 degrees 40 minutes 21 seconds west a distance of 397.00 feet to THE POINT OF BEGINNING and containing 0.10 acres of land more or less. Laurel Gay Ranallo end spouse, Stepoen R RanoUo Johnnie Curfel and wife. Vol 5661. Pg. 8043, A!'lOamarie Curiel D_RC.C.T. COU(l!Y Clerk's File N-o. 200606210008525~O, D.R.C.C.T. Brantley survey Henry ..... No. 23 Abstn\"~ Shirlene Solter and husbond, Aion-a. Salter VOl. 3781, P9, 46, D.R.C.C. T. Mary Medefl Vel. 5225, Pg, D.R.e.c.I.Lot 1, Block A Gross: 3.030 Acres Net: 2.933 Acres Romoi" Contreres and Nctonoef CentrEt'as Clerk's file No -20100106000015840, DJ;:.G.G.T.