HomeMy WebLinkAboutRes 2014-07-07 Development Agreement with Fellowship of Plano.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-07-07
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH FELLOWSHIP OF PLANO.
WHEREAS, the City of Anna, Texas (the "City") has negotiated a Development Agreement
for the acquisition of right-of-way, and a sewer and trail easement with Fellowship of Plano,
the owner of a 7.466 acre tract of land located in the Joseph Schluter Survey, Abstract No.
546, and;
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Development Agreement will benefit the City and is in the best interests of the
citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Development Agreement.
The City Council hereby approves the Development Agreement attached hereto as Exhibit
1, and authorizes, ratifies and approves the City Manager's execution of same. The City
Manager is hereby authorized to execute all documents and to take
necessary to finalize, act under, and enforce the Agreement.
all other actions
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 22nd
day of July, 2014.
RES. 2014-07-07 Development Agreement w/Fellowship of Plano PAGE 1 OF 1 07-22-14
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered into between the City of Anna,
Texas (the "City") and Fellowship of Plano ("Owner"). The term "Owner" includes all owners of
the Property and each of the owners of the Property are jointly and severally bound to the
obligations of the "Owner" under this Agreement.
WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the
"Parties"; and
WHEREAS, it is the Parties mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and that this Agreement shall supersede any other
agreement between the Parties and the City's ordinances and other regulations only to the
extent that any such agreements, ordinances or regulations directly conflict with the terms of
this Agreement; and
WHEREAS, the Owner owns a parcel or parcels of real property (the "Property") in Collin
County, Texas, which is located entirely within the corporate limits of the City of Anna and is
more particularly and separately or jointly described in the attached EXHIBIT A; and,
WHEREAS, the Owner desires to dedicate a portion of the Property to the City for the purpose
of constructing and maintaining a roadway, sewer utility lines and a hike and bike trail (the
"Land Dedication for Public Use"); and
WHEREAS, in consideration of the Land Dedication for Public Use, the City agrees to forgo
collection of certain Development Fees otherwise required to be paid in connection with the
development of the Property;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein as if
set forth in full to further describe the Parties' intent under this Agreement and said recitals
constitute representations by the Owner:
Section 2. Terms. Unless the context requires otherwise, and in addition to the terms defined
above, the following terms and phrases used in this Agreement have the meanings set out
below:
Development Fees means Water Impact Fees and Wastewater Impact Fees.
Water Impact Fees means any applicable water impact fee described in Part IV, Article
7, Section 13 of the Anna City Code of Ordinances.
Wastewater Impact Fees means any applicable wastewater, sanitary sewer, or sewer impact
fee described in Part IV, Article 7, Section 13 of the Anna City Code of Ordinances.
Section 3. Land Dedication for Public Use.
1. The Owner shall donate by irrevocable deed of dedication for public. use, the form and
content of which is attached to this Agreement as EXHIBIT B, approximately 0.389 acres
of land to the City of Anna currently intended by the City to be used for the development
of roadway facilities. Owner shall duly execute and deliver a copy of said deed of
dedication to the City within 30 days of the effective date of this Agreement.
2. The Owner shall dedicate to the City of Anna approximately 0.135 acres of land to be
used as a permanent sewer and trail easement, the easement dedication form and
content of which is attached to this Agreement as EXHIBIT C. Owner shall duly execute
and deliver a copy of said easement dedication to the City within 30 days of the effective
date of this Agreement.
Section 4. Development Fees. Provided that the Owner fulfills its obligations under this
Agreement, the City agrees that it shall not be entitled to collect, and shall forgo collection of,
the Development Fees that would normally be charged in connection with the installation of a
single one inch (I") water meter to be located on the Property. No other impact fees or other
fees associated with development of the Property are waived under this Agreement.
Section 5. City agrees to allow Owner to construct a driveway from the adjacent roadway to
the Property in accordance with applicable City ordinances and regulations.
Section 6. Effective Date. The effective date of this Agreement is the date that the last of
the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and
acknowledged by a notary public. The City's duties and obligations hereunder shall not arise
unless and until the City Council has duly adopted this Agreement and the Owner has duly
executed same.
Section 7. THE OWNER COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL
CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY
WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS (1) ARISE IN ANY WAY
FROM THE CITY'S RELIANCE ON THIS AGREEMENT, AND (2) RELATE IN ANY MANNER
OR ARISE IN CONNECTION WITH THIS AGREEMENT.
Section 8. This Agreement maybe enforced by the City by any proceeding, at law or inequity.
Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement
thereafter. The Owner's sole remedy for nonperformance by the City shall be to seek specific
performance of the terms of this Agreement. This Agreement does not waive any rights or
immunities otherwise existing under law unless expressly set forth herein and the Parties
understand and agree that this Agreement is not one for the provision of goods or services to
the City by the Owner or any other person.
Section 9. Exclusive jurisdiction, forum and venue for any dispute arising out of this
Agreement shall be in Collin County, Texas.
Section 10. Notwithstanding any other provision of this Agreement, Owner and its successors
or assigns must comply with all applicable statutes or regulations of the United States and the
State of Texas, as well as any City ordinances not in conflict with this Agreement.
Section 12. This Agreement is for the sole and exclusive benefit of the City and the Owner and
is not intended to and shall not confer any rights or benefits on any third party not a signatory
hereto.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. All notices, demands or other communications required or provided hereunder shall
be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or
three (3) days after the same are deposited in the United States mail, certified or registered,
postage prepaid, return receipt requested, addressed to the parties at the addresses set forth
below or at such other addresses as such parties may designate by notice to the other parties.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Owner: Fellowship of Plano
303 W. Grand Street
Whitewright, TX 75491-2144
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
Fellowship of Plano
Printed Name and Title:
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of 12014,
personally appeared , known to me (or proved to me) to
be the person whose name is subscribed to the foregoing instrument.
Notary Public, State of Texas
CITY OF ANNA
Philip Sanders, City Manager
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of 12014,
personally appeared Philip Sanders, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna.
1
20140411000348300 04/11/201410:45:43 AM Dl 1/3
GF# 1917423-HXF69 (AH)
AFTER RECORDING, RETURN TO:
Fellowship of Plano
303 W. Grand Street
Whitewright, Texas 75491
GENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING I;
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN i ,
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUM
EM
Gra
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id prescriptive
4 to Grantee at
its, easements,
led Exceptions
do not in,p' idetjiens or c liveyances affecting the Property, unless same are expressly identified in
this Deed. M-reservat'3ns, conveyances and leases of oil, gas or other minerals identified in
Schedule B of tment furnished to Grantee at or before execution and delivery of this
Deed, if any, are Permitted Exceptions.
1917423 GWD.doc
For TEN DOLLARS ($ 10.00) and other valuable consideration, the receipt and sufficiency of
which is acknowledged, Grantor has GRANTED, SOLD AND CONVEYED and by these presents
does GRANT, SELL AND CONVEY unto Grantee the Property, to have and to hold the Property
unto Grantee and Grantee's heirs, executors, administrators, successors and assigns forever, subject
to the Permitted Exceptions. Grantor binds Grantor and Grantor's heirs, executors, administrators,
successors and assigns to warrant and forever defend title to the Property to Grantee and Grantee's
heirs, executors, administrators, successors and assigns, subject to the Permitted Exceptions, against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
Executed on the date of the acknowledgment below, but effective as of the `Sec lvDate sef
forth above. 17
Life Fellowship Wries, 1 �.✓ 1r
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Texas
non- fi reli ' s corporation
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STATE OF Q -
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Nota
Notary's PrinteAffyped Name
EXHIBIT `cA"
BEING a tract of land situated in the Joseph Schluter Survey, Abstract No. 856, Collin County,
Texas, being the remaining portion of a 17.612 acre tract land conveyed to Charles L. White, by deed
recorded in Volume 1237, Page 586, Deed Records Collin County, Texas, and being more
particularly described as follows:
BEGINNING at a point in the center of County Road No. 367, said point being the Northwest corner
of said 17.612 acre White tract, same being the Southwest corner of a 17.612 acre tract of land
conveyed to Steven G. Hodge and Nicole D. Bass, by deed recorded in County Clerk File No. 95-
0054203, Deed Records, Collin County, Texas, said point of beginning being the Ng�-t�iwest come.
;.
of roadway or comer;
THENCE: South 86 degrees 53 minutes 15 seconds East, with the South liiie-of said 17.69,*re
Hodge tract, same being with the North line of said 17.612 acre White tract, passing a-/2, in-wh iron
rod found at a distance of 27.67 feet, passing a 12 inch iron rod found ata distanr.it 162,)L71 feet,
and continuing a total distance of 1712.70 feet to a point in the cent 4oi 4 creekXf�r corner;
THENCE South 12 degrees 46 minutes 43 seconds West, with lj e' 6r er of said`craik, a distance of
199.56 feet, a point for corner;
THENCE North 86 degrees 35 minutes West, with Nortlof 4. 110.27 acre tract of land
conveyed to Roy L. and Paulette Andrews, by deed
rep'ordidCount,� Clerk File No. 97-0036265,
Deed Records, Collin County, Texas, passing a %uiIniron`ro\found at a distance of 100.00 feet
and passing a 1/ inch iron rod found at a distane • 163$.96 feet � continuing a total distance of
{
1669.0 to a point in the center of said County o'ad 1,0!367, a railroad spike set for corner;
THENCE North with the said center oft unit Road 'Np, 367, a distance of 188.15 feet to the
PLACE OF BEGINNING and CONTik, 'T U47.466 acres of land, more or less.
Piled and Recorded
Official Public Records
Stacey Kemp, County Clerk
1917423 GWia.doc r Collin County, TEXAS
04/11/2014 10:45:43 ANI
-3- -c- $30.00 DPOSTER
20140411000348300
Notice of Confidentiality Rights: If you are a natural person, you may remove or stripe any of the following
information from this instrument before it is filed for record in the public records:
your Social Security Number or your Driver's License Number.
DEED
STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS, the City of Anna, Texas, County of Collin, State of Texas (the "City"), a home -rule municipality, is authorized
under the Texas Local Government Code to acquire land and such other property rights, including acquisition of
street(road/highway right of way deemed necessary or convenient to a City road project to be constructed, reconstructed,
maintained, widened, straightened, or extended, or to accomplish any other purpose related to the location, construction,
improvement, maintenance, beautification, preservation, or operation of a road project providing for public transportation;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, Fellowship of Plano, hereinafter referred to as "Grantors," whether one or more, for and in consideration of the sum of
Ten dollars ($10) to Grantors in hand paid by the City, hereinafter sometimes referred to as Grantee, 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 Grantee all that certain tract or parcel of land lying and being situated in the City of
Anna, County of Collin, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated
herein for any and all purposes.
Grantors reserve all of the oil, gas and sulphur 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 Grantee, its successors and assigns, to take and use all other minerals and
materials thereon, therein and thereunder.
Grantors hereby acknowledge that their use of and access to the City street/road/highway to be constructed in conjunction with
the public road facility of which the land hereby conveyed shall become a part (herein called "Road Facility"), shall be and
forever remain subject to the same regulation by legally constituted authority as applies to the*public's use thereof, and
Grantors further acknowledge that the design, construction and operation of such Road Facility requires and Grantor hereby
grants rights of ingress and egress and the right of direct access to and from Grantors' remaining property (if any) to said Road
Facility as may be necessary for Road Facility construction, alteration or redesign.
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 the Grantee and its assigns forever; and Grantors do hereby bind ourselves,
our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises
herein conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or
any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the day of tj , 2014.
GRANTOR:
�atuure M �f�i2YL� 1
Printed name
Acknowledgement
State of Texas
County of Collin
This instrument was acknowledged before me on_l�by��W� `%h • 1 ""-,
Nota Public's Signature
4
Lauretta Kay Btacketer
My Commission Expires
....�}� 04/0112017
N
INSTR, #98-0100210
O,P.R,C.C,T.
RO.C.42" IRON
ROD (FOUND)
I -F ' I
Line Table
Line #
Length
Direction
L1
186.90
N01 036'48"W
L2
93,32
S88009'52"E
L3
136.91
S01036'48"E
L4
90.20
N87049'02" W
L5
277.79
N01036'48"W
U
M
J
d
x'--120' WIDE R.O,W,
DEDICATIONS
INSTR, #20060608010002450 e2.00 G.
O,P.R.C.C.T.
1/2" IRON
ROD (FOUND)
S88009'52"E 1528,64' A
PROPOSED 90' WIDE FELLOWSHIP OF PLANO
RIGHT-OF-WAY CALLED: 7.466 ACRES
0.389 ACRES INSTR, #20140411000348300
— (16,938 SID FT) O.P.R.C.C.T.
r
I
I
1
1
1
1
:P 8LOOMFIE
TROY QUEEN AND WIFE,
ELOELLA QUEEN
CALLED: 10.27 ACRES
VOLUME 5707, PAGE 4433
O.P.R,C.C.T,
CALLED: 58 ACRES
INSTR, #20121002001246520
O,P,R,C,C.T.
1
Curve Table
Curve
Len th I Radius
Delta
I Chord Brq,
Chord Len th
C1
f 50..46 .1 940,00-IL03°04'32"
O.P.R,C.C,T,
1 SOI -57'44"W
50.45
SURVEYOR'S CERTIFICATE
That I, Harry L. Dickens, do hereby certify that I
hove prepared this plot and the field notes shown
hereon from on on the ground survey of the fond,
and this plot is a true, correct and accurate
representation of the physical evidence found at the
time of the survey, that the corner monuments
shown hereon were found and/or placed under my
personal supervision.
DATED this the 30th day of
Harry L. Dickens 05/30/2014
Registered Prof%/ nai
Land Surveyor Na, 5939
TIPTON ENGINEERING
Aff
' a division of Westwood
2740 North Dallas Porkway, Suite 280
Plano, Texas 75093
Ph:(972) 793-0300
Eng, Firm No. F-11756, Tx Survey Firm No. 10074301
1/2" IRON
ROD (FOUND)
10
NOTES:
1 ALL DISTANCES SHOWN ARE TEXAS STATE PLANE,
NAD83 (2011), TEXAS NORTH CENTRAL ZONE 4202,
U,S. SURVEY FEET WITH A COMBINED SCALE FACTOR
OF 0.999851303. BEARINGS BASIS IS GRID NORTH.
2. PROPERTY DESCRIPTION WITH SAME DATE
ACCOMPANIES THIS PLAT,
LEMND
P.O,C.
= POINT OF COMMENCEMENT
P.O.B.
= POINT OF BEGINNING
P,R,C_C.T.
= PLAT RECORDS,
COLLIN COUNTY, TEXAS
O.P.R,C.C,T,
- OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS
= MONUMENT FOUND (AS NOTED)
p
= 5/8"IRON ROD SET W/ CAP
STAMPED "WESTWOOD"
SCALE 1" = 200'
Joseph Schluter Survey - Abdrad No, IN%
City of Amm, CoUfn County, Tans
Sheet: 1 or 2
Date: 5/30/14
0003813—ROW2. dwg
EXHIBIT A
90' WIDE RIGHT—OF—WAY
0.389 ACRES
BEING a 0.389 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 546, City of Anna, Collin,
County, Texas, and being a portion of a tract of land described in deed to Fellowship of Plano, recorded in County
Clerk Instrument No. 20140411000348300 of the Official Public Records, Collin County, Texas (OPRCCT) and being
more particularly described as follows:
COMMENCING at a 1/2—inch iron rod found in the east line of Oak Hollow Estates, Phase 2, recorded in Cabinet 0,
Page 392 of the Plat Records of Collin County, Texas (PRCCT) at the southwest corner of a tract of land described
in deed to Troy Queen and wife, Eloella Queen, recorded in Volume 5707, Page 4433, (OPRCCT) and the northwest
corner of a tract of land described in deed to Bloomfield Homes, L.P., recorded in County Clerk Instrument No.
20121002001246520 (OPRCCT);
THENCE North 01 Degrees 36 Minutes 48 Seconds West, along the common east line of said Oak Hollow Estates, the
some being the west line of said Queen tract, a distance of 277.79 feet to a 5/8—inch iron rod with yellow cap
stamped "WESTWOOD PS" set at the northwest corner of said Queen tract, the some being the southwest corner of
the aforementioned Fellowship of Plano tract for the POINT OF BEGINNING of the tract of land described herein;
THENCE North 01 Degrees 36 Minutes 48 Seconds West, along the common east line of said Oak Hollow Estates, and
the west line of said Fellowship of Plano tract, a distance of 186.90 feet to the northwest comer of said Fellowship
of Plano tract and the southwest corner of a tract of land described per plot to Anna Elementary School #2
Addition, recorded in County Clerk Instrument No. 20060608010002450 (OPRCCT), the same being the southwest
corner of an existing 120 foot wide right—of—way as dedicated by said plat to Anna Elementary School #2 Addition;
THENCE South 88 Degrees 09 Minutes 52 Seconds East, along the common line of sold Fellowship of Plano tract and
said Anna Elementary School #2 Addition, a distance of 93.32 feet to a 5/8—inch iron rod with yellow cap stamped
"WESTWOOD PS" set at the southeast corner of said 120 foot wide right—of—way, from which a 1/2—inch iron rod
found in said common line bears South 88 Degrees 09 Minutes 52 Seconds East, a distance of 1528.64 feet and
being the beginning of a non—tongent curve to the left, having a central ongle of 03 Degrees 04 Minutes 32
Seconds, a radius of 940.00 feet and a long chord that bears South 01 Degrees 57 Minutes 44 Seconds West, a
distance of 50.45 feet;
THENCE along said curve to the left, on are length of 50.46 feet to a 5/8—inch iron rod with yellow cap stomped
'WESTWOOD PS" set;
THENCE South 01 Degrees 36 Minutes 48 Seconds East, a distance of 136.91 feet to a 5/8—inch iron rod with
yellow cap stamped "WESTWOOD PS" set in the south line of said Fellowship of Plano tract and the common north
line of the aforementioned Queen tract, from which a 1/2—inch iron rod found in said common line bears South 87
Degrees 49 Minutes 02 Seconds East, a distance of 1477.82 feet;
THENCE North 87 Degrees 49 Minutes 02 Seconds West, along the common line of said Fellowship of Plano tract and
said Queen tract, a distance of 90.20 feet to the POINT OF BEGINNING and containing 16,938 square feet or 0.389
of on acre of land within these metes described.
Bearings for this description cited are based on Grid Nor e Plane Coordinates of the Texas Coordinate System
NAD83 (201 1) Texas North Central Zone (4202), 6 pF
TIPTON ENGINEERING
a dlvlslon of Westwood
== 2740 North Dollos Porkwoy, Suite 280
Plano, Texas 75093
Ph: (972) 793-0300
Eng, Firm No. F-11756, Tx Survey Firm No, 10074301
Joseph Schluter Survey a Abstract No. B5ti
City of Anna, Collin County, Toms
IBIS' A
Sheet. 2 op 2
Date: 5/30/14
0003813—ROW2.dwg
PERMANENT SEWER AND TRAIL EASEMENT
Date: LL/ L/2014
Grantor: Fellowship of Plano Grantee: City of Anna, Texas, a municipal corporation
Grantor's Mailing Address: Grantee's Mailing Address:
303 W. Grand St. P.O. Box 776
Whitewright, TX 75491-2144 Anna, Texas 75409 in Collin County, Texas
Grantor's Property: The Grantor's Properly is a 7.466 acre tract of land located in the Joseph Schluter Survey, Abstract No. 546, City of Anna,
Collin, County, Texas, said tract described in a deed to Fellowship of Plano, recorded in County Clerks Instrument No. 201404.11000348300,
Official Public Records of Collin County, Texas (OPRCCT) and shown by Collin Central Appraisal District Property Identification Number
1012852.
Permanent Utility Easement: The Permanent Utility Easement ("Easement") is 0.135 acres of property within Grantor's Property, said 0.135
acres being a strip of land approximately 30 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 sewer utility lines below the surface, and to construct and use a hike and
bike trail above 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 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 sewer utility lines, and a hike and bike trail, 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, trails, and their appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said
Easement, to the extent as maybe necessary to prevent possible interference with the operation of said lines and trails or their appurtenances, or to
remove possible hazard thereto. Grantor recognizes that the general course of said lines, trails, 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, trails 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.
Temporary Secondary Easement: Grantee has the right (the "Temporary Easement") to use up to 50 feet of the surface of the property that is
adjacent to the Easement ("Adjacent Property") as may be reasonably necessary to construct and install the facilities within the Easement that are
reasonably suited for the Easement Purpose. After full completion of Grantee's construction and installation of improvements, whichever occurs
first, the temporary secondary easement shall expire. Except for the replacement of trees and shrubs, Grantee must reasonably restore the Adjacent
Property and the Temporary Secondary Easement to its previous physical condition if changed by use of the rights granted by this Temporary
Secondary Easement.
Fellosl fPlano m
By w %
Print Name: AA
ACICNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the /,J day of G , 2014, byCt. Y III 6LV) e1Vho states
under oath that he/she is the owner of Grantor's Property described herein and has the authority to ecute this docu ent.
t , e 6 t 1 =C -A -
No ary Public, State ofT Aas
er
.._
EXHIBIT A
SEWER AND TRAIL EASEMENT
5,882 SQUARE FEET OR 0.135 ACRES
BEING a 0.135 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 546, City
of Anna, Collin, County, Texas, and being a portion of a tract of land described in deed to
Fellowship of Plano, recorded In County Clerks Instrument No. 20140411000348300 (OPRCCT)
and being more particularly described as follows:
COMMENCING at a 3/8 -Inch Iron rod found in the east line of Oak Hollow Estates, Phase 2,
recorded in Cabinet O, Page 392 of the Plat Records of Collin County, Texas (PRCCT), the
southwest corner of said Fellowhip of Plano tract and the northwest corner of a tract of land
conveyed to Troy Queen and wife, Eloella Queen, recorded in Volume 5707, Page 4433
(OPRCCT);
THENCE South 87 Degrees 43 Minutes 37 Seconds East, along the common south line of said
Fellowship of Plano tract, the same being the north line of said Queen tract, a distance of
1545.19 feet to the POINT OF BEGINNING;
THENCE North 02 Degrees 04 Minutes 58 Seconds East, a distance of 195.97 feet;
THENCE South 88 Degrees 01 Minutes 41 Seconds East, a distance of 30.00 feet;
THENCE South 02 Degrees 04 Minutes 58 Seconds West, a distance of 196.13 feet, to the
common south line of said Fellowship of Plano tract and the north line of said Queen tract;
THENCE North 87 Degrees 43 Minutes 37 Seconds West, along said common line a distance of
30.00 feet to the POINT OF BEGINNING and containing 5,882 square feet or 0,135 of an acre of
land within these metes described.
Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas
Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88.
PAGE 2OF2
N
1
P.O.C.-318°
IRON ROD
(FOUND)
FELLOWSHIP OF PLANO
CALLED: 7.466 ACRES
INSTR. #20140411000348300
I O.P.R.C.C.T.
50' WIDE
TEMPORAR
CONSTRUCTION
EASEMENT
1545.19
TROY QUEEN AND WIFE,
ELOELLA QUEEN
CALLED: 10.27 ACRES
VOLUME 6707, PAGE 4433
O.P.R.C,C.T.
CALLED: 66 ACRES
INSTR.#20121002001246520
. OR.R.C:Q.T.
Line Table
Line #
Length
Direction
L1
195.97
NO2004'58"E
L2
30.00
S88001'41"E
L3
196.13
S02004'56"W
L4
30,00
N8704337"W
MW TIPTON ENGINEERING
a division of Westwo
2740 North Doilon Porkwoy, Suite 280
Plono, Texas 75093
Ph:(972) 793-0300
Eng. Firm No. F-11756, Tx Survey Firm No. 10074301
FA
PROPOSED 30' WIDE
Qo' L4 SEWER AND TRAIL
EASEMENT
0.135 ACRES
(5,882 SQ FT)
LEGEND
O.P. R. C. P
OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS
P.08.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
a
MONUMENT FOUND (AS NOTED)
Wide r
imd Trail e#
Joseph Schlutar Smay - Abstract No. 686
CJIy of Ante, Collin County, +Taxer
E I" = 200'
Sheet, -1 or 2
Aatt 5/13/141
0000733ES03A_R Ldwg