HomeMy WebLinkAboutRes 2011-04-04 Approving Sale of Land to TxDOT.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-04-04
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SALE OF LAND TO
THE TEXAS DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE MAYOR TO
EXECUTE A DEED FOR SAME
WHEREAS, The Texas Department of Transportation ("TxDOr) plans to widen and reconstruct
FM 455 from U.S. 75 to S.H. 5; and
WHEREAS, In order to complete the project, TxDOT needs to acquire certain property owned
by the City of Anna, Texas (the "City") described in EXHIBIT 1, and certain property owned
jOintly by the City and the Anna Community Development Corporation Described in EXHIBIT 2;
and
WHEREAS, TxDOT has offered to purchase the property described in EXHIBIT 1 for $5,603
and the property described in EXHIBIT 2 for $1,000; and
WHEREAS, TxDOT owns the property abutting the properties described in both EXHIBIT 1
AND EXHIBIT 2 in fee simple; and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that the
properties described in both Exhibit 1 and EXHIBIT 2 have not been designated and used prior
to the FM 455 widening and reconstruction project as a park; and
WHEREAS, the City Council finds that the City and TxDOT are entities with the authority of
eminent domain and that the paramount public use of the property in question is realized by
TxDOT's acquisition of the property for the FM 455 widening and reconstruction project;
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. Approval of Sale and Authority to Execute Deeds
The City Council hereby approves the sale of the properties described in EXHIBIT 1 and
EXHIBIT 2 attached hereto and incorporated herein for all purposes, and authorizes the Mayor
to execute deeds transferring ownership of same to TxDOT subject to review and approval by
the City Attorney of the deed.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of
April, 2011.
ATTEST:
04-12-11
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EXHlBIT "A»
County: Collin Page lof3
Highway: PM 455 May 1,2009
RO.W. CSJ: 0816-04-046
Description for Parcel ~
BEING 862 square feet of land, more or less, in the Joseph Schluter Survey, Abstract Number
856, City of Ann.a. Collin County, Texas, and being part ofthat certain called 19.329 acre tract of
land conveyed to The City of Anna, by deed as recorded in Document Number
20060714000982730 of the Official Public Records of Collin County Texas; said 862 square feet
of land being more particularly described by the metes and bounds as follows:
COMMENCING at a found SIS-inch iron rod with cap for a re-entrant comer of said 19.329
acres and the Southwest comer of the remaining portion of that certain called 19.991 acre tract of
land conveyed to James Allen Mann, Jr., and wife Marjorie Dianne Mann, by deed as recorded in
Document Number 93-0108070 of the Official Public Records of Collin County Texas;
THENCE North 00° 57' 41" West with the common line of said 19.329 acre tract and said
19.991 acre tract, a distance of298.62 feet to a set 518-inch iron rod with aluminum disk on a
curve to the right in the New South Right-of-way line of FM 455, for the PLACE OF
BEGINNING having N.A.D. 83 (1993) Texas State Plane, North Central Zone (4202) surface
( coordinate ofNorth 7,178,592.854, East 2,560,169.174;
1) THENCE with the New South Right-of-way line of PM 455 and said curve to the right,
having a radius of 5060.00 feet. an arc length of 40.01 feet, a central angle of 00° 27' II",
and a chord bearing of North 87° 47' 59" West, a chord length of 40.01 feet to a set S/8-inch
iron rod with aluminum disk in the common line of said 19.329 acres and Lot 2, Block A,
Autozone Addition. according to the plat thereof as recorded in Cabinet 2007, Page 221 of
the Official Public Records of Collin County Texas; said Lot 2 being conveyed to the City of
Anna by deed as recorded in Document Number 20090330000360590 of the Official Public
Records of Collin County Texas;
2) THENCE North 00° 57' 55" West. with the with the common line of said 19.329 acre tract
and said Lot 2, a distance of21.47 feet to the Existing South Right-of-way line ofFM 455 as
recorded in Volume 372, Page 227 ofthe Official Public Records of Collin County Texas;
3) mENCE South 88° 01' 59" East with the Existing South Right-of-way line of FM 455, a
distance of 40.01 feet to a point for the Northeast comer of said 19.329 acre tract and the
Northwest comer of the remaining portion of said 19.991 acre tract, from which a found ~
inch iron rod bears South 88° 01' 59" East, 0.38 feet;
4) THENCE South 00° 57' 41" East with the common line ofsaid 19.329 acre tract and the
remaining portion of said 19.991 acre tract, a distance of 21.63 feet to the PLACE OF
BEGINNING and containing 862 square feet (0.020 Acres) ofland, more or less.
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County: Collin Page 2 of3
Highway: PM 455 May 1, 2009
RO.W. CSJ: 0816-04-046
Description for Parcel 22
Notes:
Su:rvey plat to ~mpany this legal description.
*'" The monument described and set in this call, if destroyed during construction, may be
replaced with a TxDOT Type IT Right of Way Marker upon the completion of the highway
construction project under the supervision of a Registered Professional Land Surveyor, either
employed or retained by TxDOT.
Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East
2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid
Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33
seconds East -Texas State Plane, North Central Zone (4202).
All coordinates shown are surface unless otherwise noted and may be converted to grid by
dividing by the TxDOT combined scale factor of 1.000152710.
I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby
certify that the land description and plat represent an actual survey made on the ground under my
supervision.
<£] S'/'bMiCbaelDan DavisrI
Registered Professional Land Surveyor No. 4838
Dannenbaum Engineering Company Fort Worth -LLC
6421 Camp Bowie Boulevard. Suite 400, Fort Worth, Texas 76116
Office: 817-763-8883, Fax: 817-377-2956
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AUTOZONE
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PAGE 221
O.P.R.C.C. T.
BLOCK A
WINDMILL SELF STORAGE t..P.
AND JOE MARK ELLlOT
OOCUMENT NUN8£R
20060622000865650
O. P. R. C. C. T.
EXHIBIT
Page
RUDUAN PARTNERSHIP
VOL. 3346, PG. 164
O. P. R. C. C. T.
c. FARRIS SURVEY.:
STRACT No. 3 3 1 LOT 32
REMAINDER
ALLEN MANN. JR. t AND WIFE
t.iARJORIE DIANNE MANN
OOCLHENT NUMBER
93-0108070
O. P.R. C. C. T.
I..ECENO
£)( ISTiNG ROAIlffAY II1TtllNAI.
BOUNDARY L I liE
EXISTING RUHT OF .AT LtNE ====== /11£11 FliGHT Of WAY LIIIt
[XIII CM~ ustllENT I.IN.
Hill USN",! L. lilt
PItOPItRTY liNE
SURVEY L. {~E ---i.-
I A PLAT OF A SURVEY OF JOSEP H SC H L UT E R 4 FORPF~iJlRO:~ 455 SURVEY ABSTRACT
I RIGHT-OF-WAY CSJ: 0816-04-046 No. 856ACCESS DENIAL. LINE --w-
ACCESS IS PIIOIHIII1£O ACROSS THE "ACClt5S O£IUAl ~l/ll£' TO TilE A 0 020 AC [862 SQ FT )H[GKW4Y FACILllY 'ROIi THE ADJACENT PROPEATY. • • •
O· SET T>IOOT 'AD'I.IC!H£NT UNL.'S5 OTH£RIII15£ HOTEC TRACT OF lAND IN THE CITY OF ANNA .1.0 • :..ooT AL.WINU.I I)!s~ OJ; TOP Of " 5J'II-IHCH III<IH ROO
SO , TMOCT UQMlI DISK 1fT III CONClIETC • 11" ,.. JOSEPH SCHLUTER SURVEY
P.O.I'!. -POINT 01' 1!!I£f!lHCE • CltW lICe f. fOtIT I ABSTRACT N 856 BASIS OF BUAUICIS IS A LINE .MEN CORS STATIOit TXAR
(Ii 162 I U. <1020, 1 411 O~I7.lI05O GIUOI AliD CORSp.o.e .• I>OINT 01' COII.l(NCIIIC 0, , t
P.O.S•• POINT Of EGIHHI*, srAT~ON hOA. (Ii 't"~I.~O.btc6L_E l~!52!t'fI.'II:t3 GR.I~h N.A.D. u. 1IIIICH ,5 _TN 8" ".' ,.,," !:.AST-rtl!AS PLAI'II< .. HolE IoIONUMEHT QUell!!!!!> AND SU tN THIS C"'I.L ... .lF D£STlIOYEC CITY OF' ANNA C00IID111AT! SYSTEII, 1tQR1lI CENTRAL ZONE (4201).DUIUN.) CON'5TIWCTlOti. IIIA,( 8£ REPL.ACED 'II!Tli A I~DOT TYPE tl
AI.L DISTANCES ANO COCIIIDlNA1I.S~;~ilhTS~ ~~2r~E~lIf"R"J~I~c:'J~ ~i~'~tiR'O COll I N COUNTY, TEXAS SHQIfII ARIE SURF ACe: AN£) MAY BE ~~~gl~ IoAfIII SURVEYOR EITHlII DPI.OY[O 0/1 RlTAlNED MA Y 01, 2009 CONVIRTl.D TO GRID BY DIVIDING .,
TXDOT COIM!R$:ON FACTOR I.OOOlsnlO.
EXHIBIT "A"
County: Collin Page 1 of3
Highway: FM 455 May 1,2009
R.O.W. CSJ: 0816-()4..()46
Description for Parcel 21
BEING 85 square feet of land, more or less, in the Joseph Schluter Survey, Abstract Number
856, City of Anna, Collin County, Texas, and being part of Lot 2. Block A. Autozone Addition,
according to the plat thereof as recorded in Cabinet 2007, Page 221 of the Official Public
Records of Collin County Texas; said Lot 2 being being conveyed to the City of Anna by deed as
recorded in Document Number 20090330000360590 of the Official Public Records of Collin
County Texas; said 85 square feet of land being more particularly described by the metes and
bounds as follows:
COMMENCING at a found ll2-inch iron rod with cap for the most Easterly Southeast comer of
said Lot 2 and a re-entrant comer of that certain called 19.329 acre tract of land conveyed to The
City of Anna, by deed as recorded in Document Number 20060714000982730 of the Official
Public Records of Collin County Texas;
THENCE North 000 57' 55" West with the common line ofsaid Lot 2 acres and said 19.329 acre
tract, a distance of 533.40 feet to a set S/8-inch iron rod with aluminum disk on a curve to the
right in the New South Right-of-way line ofFM 455, for the PLACE OF BEGINNING having
NAJ). 83 (1993) Texas State Plane. North Central Zone (4202) surface coordinate of North
7.178,594.391 t F..ast 2,560,129.191;
1) TIIENCE with the New South Right-of-way line ofFM 455 and said curve to the right,
having a radius of 5060.00 feet, an arc length of 16.00 feet, a central angle of 00° to'
52". and a chord bearing ofNorth 87° 28' 57" West, a chord length of 16.00 feet to a set
S/8-inch iron rod with aluminum disk for the end of said curve;
2) TIffiNCE North 87° 23' 30" West, 'with the New South Right-of"-way line of PM 455. a
distance of 118.51 feet to a set SIS-inch iron rod with aluminum disk in the Existing
South Right-of-way line of FM 455 according to the plat thereof as recorded in Cabinet
2007, Page 221 ofthe Official Public Records of Collin County Texas;
3) THENCE South 87° 55' 55" East with the Existing South Right-of-way line ofFM 455, a
distance of 134.44 feet to the Northeast comer of said Lot 2 and being in the West line of
said 19.329 acre tract;
4) THENCE South 00° 57' 55" East with the common line of said Lot 2 and said 19.329
acre tract, a distance of 1.25 feet to the PLACE OF BEGINNING and containing 85
square feet (0.002 Acres) ofland, more or less.
County: Collin Page 2 of3
Highway: FM 455 May 1.2009
RO.W. CSJ: 0816-04-046
Description for Parcel2l
Notes:
Survey plat to accompany this legal description.
.. The monmnent described and set in this call. if destroyed during construction,' may be
replaced with a TxDOT Type II Right of Way Marker upon the completion of the highway
construction project under the supervision of a Registered Professional Land Surveyof, either
employed Of retained by TxDOT.
Basis of Bearings is a line between CORS Station TXAR (North 6,962.112.4020 East
2.411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529.861.8823 Grid
Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33
seconds East -Texas State Plane. North Central Zone (4202).
All coordinates shown are surface unless otherwise noted and may be converted to grid by
dividing by the TxDOT combined scale factor of 1.000152710.
I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby
certify that the land description and plat represent an actual survey made on the ground under my
supervision.
Mi~Davis .sIP'·
Registered Professional Land Surveyor No. 4838
Dannenbaum Engineering Company Fort Worth -LLC
6421 Camp Bowie Boulevard. Suite 400, Fort Worth, Texas 76116
Office: 817-763-8883, Fax: 817-377-2956
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LEGEND
EXHIBIT
PageAU SURVEY
NOa288 RUDMAN PARTNERSHIP
VOl. 3346, PG. 764
O.P.R.C.C. T.
....-.-..,f ,.; 1 , I
.:'
AUTOZONE
CAB.
PAGE
O.P.R.C.C. T.
z
BLOCK A
WIN~ILL SELF STORAGE L.P.
AND JOE MARK ELLIOT
DOCl.t.tENT NUMBER
20060622000B65650
O. P. R. C. C. T.
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~--t~)eENIEJI[~NE akYE om
PI SUTlOlf'~ 71'26.'•
C.
STRACT
-
OiL TA .~.II. M' 'L1)
L£IIIiTH • •. • REUAINDER
RAOIUS ·t. .~O JAUES ALLEN UANN,
\\. \...-....! AND WIFE)1 "'~~5,
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-JOSEPH
SURVEY
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FARRIS SL
No.3~
SETTLERS' WAY
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FIRST ~~~~EK~:~ ~KINNEY~
(FAILED AND RECEIVED BY FDIC)
VOL. 3029, PG.577
SCHLUTER
ABSTRACTNo. 856
EXISTING RIGHT OF WAY LINE A PLAT OF A SURVEY OF
HEW RIGHT 0; WAY 1. [NE
EXISTING <:AiEIoIEHT UN£ - - - -PARCEL 21
I'll" EASEIoli:NT LlIIE - - - •
PAOi>ERTY :"!~E It FOR FARM ROAD 455 5~V'Y 1.1~i --~--"CCEUDE~IALLINo --111-RIGHT-OF-WAY CSJ; 0816-04-046
~i~~~Y l'A~~f~W~~&l~~~S~O~~~E~~C~~~M~~~Al LINE' TO THE A O. 002 AC [85 SQ. FT.] o ~ SET T.oaT ·.O"IoIO_NT U'MSS OTHERIIISE !'lOTtO TRACT OF LAND IN THE CITY
AD • hOCT ALUMI_ DISK ON TOP OF .. 511'INCH IRON ROD OF ANNA
sa • hOCT BRONZO: DISK sn IN CONCRm ,... 100 JOSEPH SCHLUTER SURVEY
1'.0.'1. '~IHTorAEFEAENCE GI$",~lCAullt,a, ABSTRACT N 856 .'~$~S~ ~~~l~~ Il ~ ~:~[o2~~~~~ ~gISr=bl~~X~R... o.c.• ~OINT OF COW!NC1HG O.
EXISTING ~OAOWAY I~TER"4L
SWHDARY '-tHE
ST4T\ON hOl IN &:97B,UO.bI06L E 2L 52!.861.8823 GRIDI.P.o. B••.'OINT OF BEGINNING M.4.D. ilL WHICH )$ IiORTH II' :>8' 3~· uST-TEle4S PL~~ .. THE IIo!C)lUWENT DESCRIBEO 4ND SET II( THIS C4LL IF DESTROYED CIT Y OF ANNA COORDIlCIon SYSTEM, NORTH CENTRAL ZONE '.20~!NC cc~srRUCTIOHI !.lAY BE REPLACED 'If TH 4 hOOT TVPE II COLLIN COUNTY TEXAS ~~~1e~T1~ r~~~~TUf'~£~H~Mioru~Um'IQ~F J~ mm~'R'D , ~1~~~N~5M~ ~~el~A~~S ~__-4:~~~~~~~.L LAND SURYEYOII EITHER [""LOVED OR RETAINED MA Y 01, 2009 ¥~~R~~y~y~D F ~~T&.\v I?'~O~~~l71 O. -:"-:-:i:;choe~;;"I:-:::D~• ....,D:-o-v-;i~"-N<;-: