HomeMy WebLinkAboutRes 2011-04-05 Approving the Sale of R-O-W to Collin CountyCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-04-05
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SALE OF RIGHT -OF
WAY TO COLLIN COUNTY AND AUTHORIZING THE MAYOR EXECUTE A RIGHT-OF-WAY
DEED FOR SAME
WHEREAS, The Collin County Toll Authority (the "CCTA) is currently constructing a portion of
the Collin County Outer Loop between S.H. 121 and U.S.75; and
WHEREAS, In order to complete the project, Collin County (the "County") needs to acquire
some right-of-way that the City of Anna, Texas (the "City") previously acquired for CR 366 near
the intersection of U.S. 75; and
WHEREAS, Per the attached County Resolution (EXHIBIT 1), the CCTA Board of Directors has
authorized the purchase of the right-of-way in exchange for services to be provided by the
County; and
WHEREAS, the afore mentioned services involve paving with asphalt the portions of CR 290
and CR 372 that are currently inside the Anna city limits as described in the attached County
memo (EXHIBIT 2); and
WHEREAS, the value of these services is $38,500 which meets or exceeds the value of the
land being acquired by the County from the City; and
WHEREAS, the City and the County are entities with the authority of eminent domain and that
the paramount public use of the property in question is realized by the County's acquisition of
the property for the Collin County Outer Loop 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 Deed
The City Council hereby approves the sale of the right-of-way described in the Right-of-Way
Deed, attached hereto as EXHIBIT 3, incorporated herein for all purposes and authorizes the
Mayor to execute same on behalf of the City.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of
April,2011.
ATTEST:
04-12-11
RIGHT-OF-WAY DEED
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
That, the City of Anna, hereinafter referred to as Grantor, whether one or more, for and
in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and
valuable consideration in hand paid by the County of Collin, acting by and through Collin
County Commissioners' Court, receipt of which is hereby acknowledged, and for which
no lien is retained, either expressed or implied, have this day Sold and by these presents
do Grant, Bargain, Sell and Convey unto the County of Collin all that certain 1.4302 acre
tract or parcel of land situated in the W.E. Throckmorton Survey, Abstract No. 899 and
the William Kitchings Survey, Abstract No. 505, in Collin County, Texas, and being
more particularly described in Exhibits " A" and "B" attached hereto and made a part
hereof.
Grantors reserve all of the oil, gas and sulfur in and under the land herein conveyed but
waive all rights of ingress and egress to the surface thereof for the purpose of exploring,
developing, mining or drilling for same; however, nothing in this reservation shall affect
the title and rights of the Grantors to take and use all minerals and materials thereon,
therein and thereunder.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in any wise belonging
unto Collin County and its assigns forever; and Grantors do hereby bind ourselves, our
heirs, executors, successors and assigns to Warrant and Forever Defend all and singular
the said premises hereby conveyed unto Collin County and its assigns against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS HEREOF, this instrument is executed on this the day of
______~--------__,2~___
tIj.J If 71. 2~/1
I
Acknowledgement
State of Texas
County of Collin
This instrument was acknowledged before me on 11;/,'/ L? wtll( ,by /24 /It..,at .. s to( /(1 #/1./0 r.
~:1..~ Natha J Wilkison
i * My Commission Expires
10) 3il~
*\~\ ./~'...._.... 11113/201
State of Texas
County of Collin
This instrument was acknowledged before me on _________--', by _______
Notary Public's Signature
AFTER RECORDING RETURN TO:
Collin County Special Projects
825 N. McDonald, Suite 145
McKinney, Texas 75069
Attn: leffDurham
BW2 No. 08-1278 DECEMBER,201O
EXHIBIT "A"
PARCEL NO. 33
RIGHT OF WAY
1.4302 ACRES
CITY OF ANNA
DESCRIPTION
BEING A 1.4302 ACRE PARCEL OF LAND OUT OF THE W[LLIAM KITCHINGS SURVEY, ABSTRACT
NO. 505, AND THE W.E. THROCKMORTON SURVEY, ABSTRACT NO. 899, COLLIN COUNTY,
TEXAS, AND BEING PART OF A TRACT OF LAND AS DEEDED TO THE CITY OF ANNA AND
RECORDED IN COUNTY CLERKS FILE NO. 05-0014950, COUNTY CLERKS FILE NO. 15-0014951.
AND CAUSE NO. 002-1758-04 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, (DReCT), AS
SHOWN ON THE ATTACHED EXHIBIT "B" AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
IT IS THE INTENT TO DESCRIBE A PARCEL OF LAND THAT IS PART OF THE CURRENT RIGHT OF
WAY FOR COUNTY ROAD 366, BEING BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID
RIGHT OF WAY, BEING BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID RIGHT OF
WAY, AND BEING BOUNDED ON THE WEST BY THE EAST LINE OF THE RIGHT OF WAY FOR U.S.
HIGHWA Y NO. 75;
The POINT OF BEGINNING is an aluminum monument found for the northwest corner of the parcel herein
described, being on the east line of the Right of Way for U.S. Highway No. 75, and being the southwest corner
of the remainderofa tract ofland as deeded to Seminole 20. LTD. and recorded in Volume 5219. Page 2519,
DRCCT;
THENCE South 88°02'32" East, with the north line of the Right of Way for C.R. 366, a distance of 265.94 feet
to a half inch iron rod with cap marked "BW2" set to mark the point;
THENCE South 80°07'22" East, departing said Right of Way line and crossing the Right of Way for C.R. 366, a
distance of 524.73 feet to a half inch iron rod with cap marked "BW2" set to mark the point, said point being on
the south line of the Right of Way for C.R. 366, and being on the north line ofa tract ofland as deeded to Collin
CountyToU Road Authority and recorded in County Clerks File No. 2008-111400135080, DRCCT, said point
being the beginning of a non·tangent curve to the left;
THENCE with said Right of Way line along said curve to the left, having a radius of 945.00 feet, through a
central angle of 00°36'1 0", an arc distance of9.94 feet, and having a chord which bears South 77°27'17" West
a distance of 9.94 feet to a point of reverse curve to the right;
THENCE continue with said Right of Way line, the extension of same being the north line of the remainder of a
tract ofland as deeded to Marthe Adams and recorded in Volume 2605, Page 654, DRCCT, along said curve to
the right, having a radius of 1055.00 feet, through a central angle of 14°51'45", an arc distance of273.67 feet,
and having a chord which bears South 84°31'11" West, a distance of272.90 feet to a point of tangent;
THENCE North 88°02'32" West. with said Right of Way line, a distance of 503.78 feet to an aluminum
monument found on the east line of the Right of Way for U.S. Highway No. 75;
THENCE North 01 °34'02" East, with the east line of the Right of Way for U.S. 75 a distance of 12.83 feet to a
found wood bollard marking the point;
Page 1 of3 J:\08-1278\DOCUMF..NTSlPa=I~~J3.dcx:
BW2 No. 08-1278 DECEMBER, 20 I 0
THENCE North 45°46'33" East, with said Right of Way line, a distance of 42.31 feet to a found wood bollard
marking the point;
THENCE North 01 °11'33" East, with said Right of Way line, a distance of31.00 feet to a point;
THENCE North 44°20'27" West, with said Right of Way line, a distance of 41.97 feet to square pipe found
marking the point;
THENCE North 01 °08'08" East, with said Right of Way line, a distance of6.77 feet to the POINT OF
BEGINNING, and containing 1.4302 acres of land.
NOTE:
The Bearings shown on this description are based on the Texas State Coordinate System, North Central Zone
(4202), NAD '83.
/2-07-/0
Date
Page 20f3 J:1OfI.1218\DOCUMENTSlParceI Dcsa\Parcel 33.doc
SEMINOLF 20, L TO.
VOLUME 5219, PAGE 2519
D.R.C.C. r.
POB
ALUMINUM
MON. FO.
Cf'.l
SQUARE PIPE
FO.
.. ALUMINUM ::::> MON. FD.
-
I _ _ I100 0
I CITYOFANNA~ .~ '"
265.94' CAUSE NO 002-1758-04 ____. 1 = 100.. -~ 88'02'32" E D.R.C.C. T. - -_1___ CITY OF ANNA-1 -- -.----L~' -1"C, FlL: NO. 0.5-0.0.14951'---524.73' DRC.C.r.
l ---. ~ ~"-! _ __ _ '.~___ _~-r--- -----CITY OF ANNA C R 366 .' . TOLL RaAD AUTHaRiTY'v~C. FILE NO., a~-a''''95D , , . _ _ _1<--C1 ca~Lt ~ft'':; 20.0.8-11140.01350.80.D.R.C,C, T. ~-- -- ->< C2 DR-C.er'LN 88'02'32" W• I503.78 I
~i,,-K,..J... co+. ~ "¢o.~-S. MARTHE ADAMS "4'>'
0-0 OJ VOLUME 2605, PAGE 654 o~ «0) I DRC. C. r.
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NOTE: "// ~
NUMBER DIRECTION DISTANCE
12.83'L1 N 01'34'02" E
L2 N 45'46'33" E 42.31'
L3 N1'11'33"E 31.00'
L4 N 44'20'27" W 41.97'
L5 N 01'08'08" E 6.77'
THE BEARINGS SHOWN ON THIS PLAT ARE
BASED ON THE TEXAS STATE PLANE
AREA :::: 1.4302 ACRES
COORDINATE SYSTEM NORTH CENTRAL ZONE
(4202), NAD 83
o BW2 Engineers, Inc. ~ IB 11_1 G:~:~8::2 o 1972186<·8200 ~.Il
% 1912l86<-8220 If,,1LEGEND
o = IRS, INDICATES A 1/2" IRON ROD SET
WI TH CAP MARKED "BW2"
~ PARCEL NO. 33
CURVE TA8LE ~ RIGHT OF WAY
NUMBER1RADIUS DELTA ANGLE 1ARC LENGTHl£HORD DIRECTION CHORD LENGTH ~ EXHIBIT "B"/Ca?..4~ le1 1945.00 00'36'10" 19.94 Ts 77'27'17" W 9.94 ~
I \,.>JUMN t. VYIl.Ut.K K.I"'.L.:O. NO. 4285 [C2 11055.00 14'51'45" 1273.67 Is 84'31'11" W 272.90 5 COLLIN COUNTY
3 OF 3
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COLLINCOUNTY TOLL ROAD AUTHORITY
CCTRA RESOLUTION NO. 2011· :3Q\S -83-14
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Land Swap, Cly of Anna -SpecIal projects
On March 14, 201" the Collin County Toll Road Authority Board of Directors of Collin County,
Texa$. met in ragular .....on With the following members present and participating, to wit:
. Keith Self P....ldent
MattShahaenNot PrMent DII'8Ctor
Cheryl Williams Dlntctor
Joe Jayng Nat P.....nt Director
Duncan Webb DlntCtor
During such session the Collin County Toll Road Authority Board of Directors considered a
request for approval of a land swap.
The~pon. a motion was made, secOnded and carried with a majority vote of the Board for
approval to swap land in lieu of payment for services with the City of Anna. Same Is hereby
approved in accordance with the attached documentation.
Not Present
Public Works Department
700 A. Wil meth Road
McKinney, Texas 75069COLLIN COUNTY www.coll incountytx.gov
972-548-3700 (Phone)
972-548-3754 (Fax)
Date: February 21,2011
To: Judge Self and Commissioner's Court
From: Jon Kleinheksel, Director of Public work~
Re: Transfer of Property Owned by the City of Anna to the Collin County
Tollroad Authority in Return for Making Improvements to County Roads
290 and 372
"Executive Session"
Public Works requests Commissioners' Court consideration and approval to accept
Dedication of a 1.43 acre tract owned by the City of Anna to the Collin County
Tollroad Authority. The property was purchased as right-of-way by Anna in 2004 for the
purpose of making improvements to County Road 366. This particular section of County
Road 366 is now being replaced by construction of the northerly Outer Loop service
road.
In return, the City of Anna is asking that the value of this 1.43 acre tract be applied to
their portion of costs ($38,500) associated with upgrading County Roads 290 and 372
from rock to asphalt. The value of the 1.43 acre tract meets or exceeds the value of the
aforementioned road improvements.
We will be available to answer any questions you might have regarding this matter.
JKJtlk