HomeMy WebLinkAboutRes 2014-10-17 Troy and Floella Queen Development Agreement.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-10-17
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND TROY AND FLOELLA QUEEN, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Troy and Floella Queen (the
"Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement 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 set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 28th
day of October 2014.
APPROVED: ATTEST:
'>la—JL L�L-
Mike Crist, Mayor Nat Wilkison, City Secretary
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RES. 2014-10-17 Development Agreement with Troy & Floella Queen PAGE 1 OF 1 10-28-14
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STATE OF TEXAS )
2m15 09:46: 15
AN RG 1/ 17
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of
the Property.
WHEREAS, the Owner owns a 10.27 acre tract of land located in the Joseph Schluter
Survey, Abstract No. 546, referred to herein as the "Property", and shown in the attached
Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term, defined in
Section 5 of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records
of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1.
The City guarantees the continuation of the extraterritorial status of the Owner's Property,
its immunity from annexation by the City, and its immunity from City property taxes, for
the tern of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily
institute proceedings to annex the Property, and further agrees not to include the Property
in a statutory annexation plan for the Term of this Agreement. However, if the Property is
annexed pursuant to the provisions of this Agreement, then the City shall provide services
to the Property pursuant to Chapter 43 of Texas Local Government Code.
Page I 1
Section 2.
The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the
Texas Tax Code, except for existing single-family residential use of the Property, without
the prior written consent of the City.
Owner covenants and agrees that the Owner will not file any type of subdivision plat or
other development document or application for the Property with Collin County or the City
until the Property has been annexed into, and zoned by, the City.
The Owner covenants and agrees not to construct, or allow to be constructed, any buildings
on the Property that would require a building permit if the Property were in the city limits,
until the Property has been annexed into, and zoned by, the City. The Owner also covenants
and agrees that the City's SF -E, Single Family Estate District zoning requirements apply
to the Property, and that the Property shall be used only for SF -E, Single Family Estate
District zoning uses that exist on the Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement.
The Owner covenants and agrees that Owner will not discharge or authorize anyone to
discharge any firearm on the Property, except as expressly set forth in Section 3 of this
Agreement.
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement (either directly or through an authorized agent) covenants and agrees, jointly
and severably, 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 the Agreement, arising in any way from the City's reliance on this Agreement.
Section 3.
The Owner acknowledges and agrees that—in addition to any other remedies the City may
have—any occurrence of one or more of the following acts will constitute an irrevocable
petition for voluntary annexation by the Owner: (1) any plat or related development
document or application is filed in violation of this Agreement; (2) the Owner commences
development of the Property in violation of this Agreement; or (3) the Owner discharges
or authorizes the discharge of any firearm on the Property, unless the circumstances
warrant such discharge for the immediate protection of persons or property. Should any of
those three events occur, the Property will be subject to annexation at the discretion of the
City Council notwithstanding any other provision of this Agreement. The Owner agrees
that such annexation shall be voluntary and the Owner hereby consents to such annexation
as though an irrevocable petition for such annexation had been tendered by the Owner and
joined by any other persons having any interest in the Property. If annexation proceedings
begin pursuant to this Section 3, the Owner acknowledges that this Agreement serves as an
exception to Local Government Code Section 43.052, requiring a municipality to use
certain statutory procedures under an annexation plan. Furthermore, the Owner hereby
waives any and all vested rights and claims that they may have under Section 43.002(a)(2)
Page ( 2
or Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue
of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees
that the Owner will not in any manner contest any annexation of the Property initiated by
the City under this Section 3 or any annexation of the Property completed by the City after
the expiration of the Term of this Agreement.
Section 4.
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the use of the Property for agriculture, wildlife management, or
timber, in the same manner the regulations are enforced within the City's boundaries. The
City states and specifically reserves its authority pursuant to Chapter 251 of the Texas
Local Government Code to exercise eminent domain over property that is subject to a
Chapter 43 and/or Chapter 212 development agreement.
Section 5.
This Agreement is effective as of the date that both the City and the Owner have duly
approved, executed and delivered this Agreement. The term of this Agreement is five (5)
years from the effective date (the "Term"). The Owner, and all of the Owner's heirs,
successors and assigns shall be deemed to have filed an irrevocable petition for voluntary
annexation before the end of the Term, for annexation of the Property to be completed on
or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this
section, the Owners hereby waive any vested rights they may have under Section
43.002(a)(2) or Chapter 245 of the Texas Local Government Code that would otherwise
exist by virtue of any application, plan, plat or construction any of the owners may submit
or initiate during the time between the expiration of this Agreement and the institution of
annexation proceedings by the City.
Section 6.
Property annexed pursuant to this Agreement shall be temporarily classified as SF -E,
Single Family Estate Residential District, pending determination of the Property's
permanent zoning in accordance with the provisions of applicable law and the City's Code
of Ordinances.
Section 7.
Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee,
and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner
and the Owner's heirs, successors, and assigns shall give the City written notice within 14
days of any change in the agricultural exemption status of the Property. A copy of either
notice required by this section shall be forwarded to the City as set forth in Section 16 of
this Agreement.
Page 13
Section 8.
This Agreement shall run with the Property and be recorded in the real property records of
Collin County, Texas.
Section 9.
If a court of competent jurisdiction determines that any covenant of this Agreement is void
or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect.
Section 10.
This Agreement may be enforced by any Owner or the City by any proceeding at law or in
equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this
Agreement thereafter.
Section 11.
No subsequent change in the law regarding annexation shall affect the enforceability of
this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12.
Exclusive jurisdiction and venue for disputes arising out of or related in any way to this
Agreement shall be in Collin County, Texas.
Section 13.
This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and the same instrument. Signature of an Owner may be
supplied by an authorized agent, such as an attorney-in-fact. If any signatory of this
Agreement is exercising the authority provided by a durable power of attorney, by signing
hereto that signatory attests and represents that the power of attorney is not revoked,
suspended, terminated, or in any way impaired by divorce, court order, or other legal
impediment.
Section 14.
Sections 2, 3, 4, and 5 shall survive the term of this Agreement to the extent necessary for
the full implementation of the provisions of those sections and for purposes of Owner's
duty to indemnify and hold City harmless.
Section 15.
This Agreement replaces and supersedes the agreement between Owner and the City
entered into on December 14, 2010 and attached hereto and Exhibit `B."
Page 14
Section 16.
All Notices and other communications hereunder shall be in writing and shall be deemed
to be given when delivered in fully legible form by postage prepaid certified mail, return
receipt requested. Notices shall be addressed to City or Owner and their respective legal
representatives, if set forth below, at the addresses set forth below:
If to City:
City Manager
City of Anna
P.O. Box 776 111 N.
Powell Parkway Anna,
Texas 75409
With Mandatory Copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
If to Owner:
Troy Queen
1405 S. Ferguson Pkwy.
Anna, TX 75409
Page 15
Entered into this
day of Dr , 2014.
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the % day of 0'16 0% ) 2014,
by Philip Sanders, City Manager, City of Anna, Texas.
o; Lauretta Kay Blacketer
My Commission Expires
4Noublic State f T� 04/01/2017xas �'of `
Toy9�len
THE STATE O , TEXAS}
COUNTY OF C, , v }
This instrument was acknowledged before me on the / dayof J , 2014,
by Troy Queen who states under oath that he is the owner of the Property described herein
and ha -the authority to execute this current.
No ary Public State of T as R?, I Lauretta Kay Blacketer
i t" My Commission Expires
�• FVV 04/0112017
�c
ttor_ -in-fact for�Floella Queen
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the 3 / day oft��D '2014,
by the attorney-in-fact for Floella Queen, who states under oath that Floella Queen
is alive, is the owner of the Property described herein, and has the authority to execute
thi d ci'ment.
Nota'y Public, State of Texad Lauretta Kay Blacketer
^ My Commission Expires
y
Page 16 '��04/01/2017
EXHIBIT A
SITUATED in the Joseph Schluter Survey, Abstract No. 856 in Collin County,
Texas and being a called 10.128 acre tract of land described in a Contract of Sale
from the Veterans Land Board of Texas to Gary Lane Brown, recorded In Volume
1237, Page 591 of the Land Records of Collin County, Texas, being more
particularly described by metes and bounds to -wit:
BEGINNING at an iron phi set in County Road 367, pin is the Southwest corner of
said tract;
THE, North with said centerline 272.55 feet to an iron pin set, pin bears South
192.59 feet from an iron pin found;
THENCE South 86 deg. 35 min. East with the North line of said tract, passing an
iron pin set at 765 feet, passing an iron pin at 1569 feet, then continuing a total of
1669 feet to a point in the centerline of a Creels;
THENCE with the centerline of said creek as follows:
South 14 deg. 56 min. 35 sec. West, 19.22 feet;
South 19 deg. 30 min. West, 110 feet;
South 10 deg. 30 min. East, 152 feel to a point for corner;
THENCE North 86 deg. 35 min. West with a fence and row of trees passing an iron
pin set at 86 feet, then continuing a total of 1655 feet to the PLACE OF
BEGINNING, containing 10.27 acres.
Page 17
Exhibit B
STATE OF TEXAS
COUNTY OF COLLIN
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Section 212.172 of the Texas Local
Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner'). The term "Owner" includes all owners of
the Property.
YOM, REAS, the Owner owns a parcel of real property(s) (the `Troperty") in Collin
County, Texas, as shown in the attached Exhibit "A'; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which Ure Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Section 212.172 of the Texas
Local Government Code, in order to address the desires of the Owner and the procedures
of the City, and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement. however, if the Property is annexed pursuant to the provisions of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than
for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of
the Texas Tax Code, except for existing single-family residential use of the Property,
without the prior written consent of the City.
The Owner covenants and agrees that the Owner will not file any type of subdivision plat
or related development document for the Property with Collin County or the City until
the Property has been annexed into, and zoned by, the City.
The Owner covenants and agrees not to construct, or allow to be constructed, any
buildings on the Property that would require a building permit if the Property were in the
city limits, until the Property has been annexed into, and zoned by, the City. The Owner
also covenants and agrees that the City's AG—Agricultural District zoning requirements
apply to the Property, and that the Property shall be used only for AG— Agricultural
District zoning uses that exist on that Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement.
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement covenants and agrees, jointly and severably, 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 the Agreement, arising in any way from the
City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is
filed in violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other remedies,
such act will constitute a petition for voluntary annexation by the Owner, and the
Property will be subject to annexation at the discretion of the City Council, The Owner
agrees that such annexation shall be voluntary and the Owner hereby consents to such
annexation as though a petition for such annexation had been tendered by the Owner, if
annexation proceedings begin pursuant to this Section, the Owner acknowledges that this
Agreement serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan. Furthermore,
the Owner hereby waives any and all vested rights and claims that they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
The Owner further agrees that the Owner will not in any manner contest any annexation
of the Property initiated by the City under this Section or any annexation of the Property
completed by the City after the Term of this Agreement.
Section 4, The City is authorized to enforce all of the City's regulations and planning
authority that do not materially interfere with the legal use of the Property as described in
Section 2 of this Agreement in the same manner the regulations are enforced within the
City's boundaries. The City states and specifically reserves its authority pursuant to
Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a Chapter 212 development agreement.
Section 5. The term of this Agreement (the "Term") is one year from the date that the
City Manager's signature to this Agreement is acknowledged by a public notary. The
Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed
a petition for voluntary annexation before the end of the Term, for annexation of the
Property to be completed on or after the end of the Term. Prior to the end of the Term,
the City may commence the voluntary annexation of the Property. In connection with
annexation pursuant to this section, the Owners hereby waive any vested rights they may
have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any application, plan, plat or construction any of
the owners may submit or initiate dining the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement shalt be temporarily classified as
AG — Agricultural District until permanent zoning is established by the City Council
pursuant to the City's Code of Ordinances, pending determination of the Property's
permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee, and shall give written notice of the sale or conveyance to the City.
Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City
written notice within 14 days of any change in the agricultural exemption status of the
Property. A copy of either notice required by this section shall be forwarded to the City at
the following address:
Cityof Anna
Attn: City Manager
I 11 N. Powell Parkway
Anna, Texas 75409
Section S. This Agreement shall run with the Property and be recorded in the real
property records of Collin County, Texas,
Section 9, if a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement shall remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin County, Texas,
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
Section 14, This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions ofSections 3, 4, and 5 herein.
Entered into this day of 2010.
h.
PhiliSande
Cityl.,
Ci Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
Ek -
This instrumentwas acknowledged before me on thoIL.day of J)a,!VJ, 2010, by Philip
Sanders, City Manager, City of Anna, Texas.
i
No Public, Stat fTcxas
Ownr 1
Print .
THE STATE OF TEXA(}
COUNTY OF (,VJJt rl }
NEED
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17/
This instrument was acknowledged before me on the-dday of J)ff-'j3O)hP6 2010, by
77L.1 ly x-Pn , Owner 1.
Notary Public, State of Texas * yup ads
* STATE OF TF.XAs
* MyGOMM.EV. 1220-2011
a -
Owner 2
Printed Name: 'A'/ e, .E L( 1
TAE STATE OF TEXAS)
COUNTYOF1:(,ljrn }
This instrument was acknowledged before me on the qday of b"D )b Pc 2010, by
QCp1hT Giloto Owner 2. pnrrrrr*r r�rrr i r tart to
R v AMANDAHESS at
* NdM PUM100
��r ACA t �_� STATE OFTF�(AS
�� y t F w hj Comm. F%y. 12-20-20 It t
NotaryNblto,State ofTexas
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2010, by
Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS)
COUNTY OF J
This instrument was acknowledged before me on the `day of 2010, by
, Owner 4.
Notary Public, State of Texas
STATUTORY DURABLE POWER OF ATTORNEY FOR PROPERTY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND
SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT,
CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT
THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES
NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE
DECISIONS FOR YOU, YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU
LATER WISH TO DO SO.
I, Floella Jane Queen, 1502 CR 367, Anna, Texas 75409, appoint Troy Neal Queen, 1502
CR 367, Anna, Texas 75409, as my agent -(attorney-in-fact) to act for me in any lawful way with
respect to all of the following powers except for a power that I have crossed out below.
TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER WITHHELD.
Real property transactions;
Tangible personal property transactions;
Stock and bond transactions;
Commodity and options transactions;
Banking and other financial institution transactions;
Business operating transactions;
Insurance and annuity transactions;
Estate, trust, and other beneficiary transactions;
Claims and litigation;
Personal and family maintenance•,
Benefits from social security, Medicare, Medicaid, or other governmental programs or
civil or military service;
Retirement plan transactions;
Tax matters.
IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL BE
CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY
AGENT (ATTORNEY-IN-FACT) SHALL HAVE THE POWER AND AUTHORITY TO
PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I
WERE PERSONALLY PRESENT.
apply):
SPECIAL INSTRUCTIONS:
Special instructions applicable to gifts (initial in front of the following sentence to have it
I grant my agent (attorney-in-fact) the power to apply my property to make gifts,
except that the amount of a gift to an individual may not exceed the amount of
annual exclusions allowed from the federal gift tax for the calendar year of the
gift.
ON THE FOLLOWING LINES YOU MAY AS FOLLOWS GIVE SPECIAL
INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR
AGENT.
UNLESS YOU DIRECT OTHERWISE BELOW, THIS POWER OF ATTORNEY IS
EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. BY
EXECUTION OF THIS POWER OF ATTORNEY FOR PROPERTY, I REVOKE ANY AND
ALL POWER(S) OF ATTORNEY FOR PROPERTY THAT I HAVE PREVIOUSLY
EXECUTED.
CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
ALTERNATIVE NOT CHOSEN:
(A) Tse attorney is nQt aff t ]zy mubea„ nt it or incapacity.
(B) This power of attorney becomes effective upon my disability or incapacity.
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS
TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU
CHOSE ALTERNATIVE (A).
-2-
If Alternative (B) is chosen and a definition of my disability or incapacity is not
contained in this power of attorney, I shall be considered disabled or incapacitated for purposes
of this power of attorney if a physician certifies in writing at a date later than the date this power
of attorney is executed that, based on the physician's medical examination of me, I am mentally
incapable of managing my financial affairs. I authorize the physician who examines me for this
purpose to disclose my physical or mental condition to another person for purposes of this power
of attorney. A third party who accepts this power of attorney is fully protected from any action
taken under this power of attorney that is based on the determination made by a physician of my
disability or incapacity.
I agree that any third party who receives a copy of this document may act under it.
Revocation of the durable power of attorney is not effective as to a third party until the third
party receives actual notice of the revocation. I agree to indemnify the third party for any claims
that arise against the third party because of reliance on this power of attorney.
If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I
name the following (each to act alone and successively, in the order named) as successor(s) to
that agent:
First Successor Agent: Deborah D. Stone
Second Successor Agent:
Signed this day of 92P(}71 --R" , 2008.
Floella d��41en6
THE STATE OF TEXAS §
COUNTY OF 001 [Cr) §
SUBSCRIBED AND SWORN TO before me by the said Floella Jane Queen this
day of beCern er , 2008.
AMANDA HESS
Notary Public * ;
STATE OF TEXAS * Notar Public State of Texas
My Comm. Exp. 12-20-2011 � y '
THE ATTORNEY-IN-FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE
APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES
OF AN AGENT.
DALLAS-#1870741-V1-QUEEN_FJ_POA MPGA_&_DTP_12_31_07.DOC
-3-
AFFIDAVIT OF TROY QUEEN
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, personally appeared Troy Queen, who being by me duly sworn,
testified as follows:
"My name is Troy Queen, I am over 21 years of age, of sound mind, and capable of making and
competent to make this Affidavit. I have personal knowledge of all facts stated herein, and they
are true and correct.
2. I have been designated as an agent or attorney-in-fact by Floella Queen in a durable power of
attorney document signed by her and acknowledged before a person authorized to take
acknowledgements of deeds of conveyance and administer oaths in the State of Texas.
3. A physician has determined that Floella Queen is disabled or incapacitated as of the date this
affidavit was signed.
4. The combination of Floella Queen's disability or incapacity and the power' of attorney she
bestowed upon me authorizes me to undertake real estate transactions on her behalf.
At all times I am exercising any power provided me by virtue the power of attorney described
above, I did not have actual knowledge of the termination of the power by revocation, her death,
any divorce or annulment of marriage, or the qualification of a guardian of her estate.
6. To my knowledge, there has occurred no event which might otherwise cause any suspension,
lapse, revocation, or other termination in the authority provided to me to act as Floella Queen's
attorney-in-fact (such as expiration of time beyond some limitation provided in the power of
attorney document)."
Signed on the 4— day of Q!k e, , 2014.
la��
Tr y Qu e
Subscribed to and sworn before in the and rs* d authority, by TROY QUEEN, who is personally
known to me, on the,3 jj day of �(, 2014.
cP¢Y
Lauretta Kay Blacketer q
04* My 01/201 Commission Expires""PaoI L
v.. - 04!01!2017 ( Qt; l'
Notry Public – State of, exas
/I
C,
I` OF ANNA
P0. BOX 776
A, TX 75400
Filed and Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
02/11/2015 09:46:15 AM
$86.00 DLAIRD
20150211000151400
STATE OF TEXAS
COUNTY OF COLLIN
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43,035 and 212,172 of the Texas Local
Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"), The term "Owner" includes all owners of
the Property,
WHEREAS, the Owner owns a 10.27 acre tract of land located in the Joseph Schluter
Survey, Abstract No. 546, referred to herein as the "Property", and shown in the attached
Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43,03S and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City aclarowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term, defined in
Section 5 of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records
of Collin County;
NOW, THE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows;
Section 1.
The City guarantees the continuation of the extraterritorial status of the Owner's Property,
its immunity from annexation by the City, and its immunity from City property taxes, for
the term of this Agreement, subject to the provisions of this Agreement, Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily
institute proceedings to annex the Property, and further agrees not to include the Property
in a statutory annexation plan for the Term of this Agreement, However, if the Property is
annexed pursuant to the provisions of this Agreement, then the City shall provide services
to the Property pursuant to Chapter 43 of Texas Local Government Code,
Page I 1
Section 2,
The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the
Texas Tax Code, except for existing single-family residential use of the Property, without
the prior written consent of the City.
Owner covenants and agrees that the Owner will not file any type of subdivision plat or
other development document or application for the Property with Collin County or the City
until the Property has been annexed into, and zoned by, the City,
The Owner covenants and agrees not to construct, or allow to be constructed, any buildings
on the Property that would require a building permit if the Property were in the city limits,
until the Property has been annexed into, and zoned by, the City, The Owner also covenants
and agrees that the City's SF -E, Single Family Estate District zoning requirements apply
to the Property, and that the Property shall be used only for SF -E, Single Family Estate
District zoning uses that exist on the Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement.
The Owner covenants and agrees that Owner will not discharge or authorize anyone to
discharge any firearm on the Property, except as expressly set forth in Section 3 of this
Agreement.
The Owner aelmowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement covenants and agrees, jointly and severably, 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 the Agreement, arising in any way from the
City's reliance on this Agreement.
Section 3,
The Owner aclaiowledges and agrees that—it) addition to any other remedies the City may
have—any occurrence of one or more of the following acts will constitute an irrevocable
petition for voluntary annexation by the Owner: (1) any plat or related development
document or application is filed in violation of this Agreement; (2) the Owner commences
development of the Property in violation of this Agreement; or (3) the Owner discharges
or authorizes the discharge of any firearm on the Property, unless the circumstances
warrant such discharge for the immediate protection of persons or property, Should any of
those three events occur, the Property will be subject to annexation at the discretion of the
City Council notwithstanding any other provision of this Agreement. The Owner agrees
that such annexation shall be voluntary and the Owner hereby consents to such annexation
as though an irrevocable petition for such annexation had been tendered by the Owner and
joined by any other persons having any interest in the Property. If annexation proceedings
begin pursuant to this Section 3, the Owner aelmowledges that this Agreement serves as an
exception to Local Government Code Section 43,052, requiring a municipality to use
certain statutory procedures under an annexation plan. Furthermore, the Owner hereby
waives any and all vested rights and claims that they may have under Section 43,002(a)(2)
Page 12
or Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue
of any actions Owner has taken in violation of Section 2 herein, The Owner further agrees
that the Owner will not in any manner contest any annexation of the Property initiated by
the City under this Section 3 or any annexation of the Property completed by the City after
the expiration of the Term of this Agreement,
Section 4,
Pursuant to Sections 43,035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the use of the Property for agriculture, wildlife management, or
timber, in the same manner the regulations are enforced within the City's boundaries, The
City states and specifically reserves its authority pursuant to Chapter 251 of the Texas
Local Government Code to exercise eminent domain over property that is subject to a
Chapter 43 and/or Chapter 212 development agreement,
Section 5,
This Agreement is effective as of the date that both the City and the Owner have duly
approved, executed and delivered this Agreement, The term of this Agreement is five (5)
years from the effective date (the "Term"), The Owner, and all of the Owner's heirs,
successors and assigns shall be deemed to have filed an irrevocable petition for voluntary
annexation before the end of the Term, for annexation of the Property to be completed on
or after the end of the Tel -in. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property, In connection with annexation pursuant to this
section, the Owners hereby waive any vested rights they may have under Section
43,002(a)(2) or Chapter 245 of the Texas Local Government Code that would otherwise
exist by virtue of any application, plan, plat or construction any of the owners may submit
or initiate during the time between the expiration of this Agreement and the institution of
annexation proceedings by the City,
Section 6,
Property annexed pursuant to this Agreement shall be temporarily classified as SF -E,
Single Family Estate Residential District, pending determination of the Property's
permanent zoning in accordance with the provisions of applicable law and the City's Code
of Ordinances.
Section 7.
Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee,
and shall give written notice of the sale or conveyance to the City, Furthermore, the Owner
and the Owner's heirs, successors, and assigns shall give the City written notice within 14
days of any change in the agricultural exemption status of the Property. A copy of either
notice required by this section shall be forwarded to the City as set forth in Section 16 of
this Agreement,
Page 13
Section 8.
This Agreement shall run with the Property and be recorded in the real property records of
Collin County, Texas,
Section 9.
If a court of competent jurisdiction determines that any covenant of this Agreement is void
or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect.
Section 10.
This Agreement may be enforced by any Owner or the City by any proceeding at law or in
equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this
Agreement thereafter.
Section 11.
No subsequent change in the law regarding annexation shall affect the enforceability of
this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12.
Exclusive jurisdiction and venue for disputes arising out of or related in any way to this
Agreement shall be in Collin County, Texas,
Section 13.
This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and the same instrument.
Section 14.
Sections 2, 3, 4, and 5 shall survive the term of this Agreement to the extent necessary for
the frill implementation of the provisions of those sections and for purposes of Owner's
duty to indemnify and hold City harmless.
Section 15,
This Agreement replaces and supersedes the agreement between Owner and the City
entered into on December 14, 2010 and attached hereto and Exhibit `B."
Page 14
Section 16,
All Notices and other communications hereunder shall be in writing and shall be deemed
to be given when delivered in fully legible form by postage prepaid certified mail, return
receipt requested. Notices shall be addressed to City or Owner and their respective legal
representatives, if set forth below, at the addresses set forth below:
If to City:
City Manager
City of Arnia
P.O, Box 776
111 N. Powell Parkway
Anna, Texas 75409
With Mandatory Copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
If to Owner:
Troy Queen
1405 S. Ferguson Pkwy.
Anna, TX 75409
Page 15
Entered into this day of , 2014.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of , 2014,
by Philip Sanders, City Manager, City of Anna, Texas,
Notary Public, State of Texas
Troy Queen
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the day of .3 2014,
by Troy Queen who states under oath that he is the owner of the Property described herein
and has the authority to execute this document.
Notary Public, State of Texas
Floella Queen
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the day of , 2014,
by Floella Queen who states under oath that she is the owner of the Property described
herein and has the authority to execute this document.
Notary Public, State of Texas
Page 16
EXHIBIT A
SITUATED in the Joseph Schluter Survey, Abstract No. 856 in Collin County,
Texas and being a called 10.128 acre tract of land described in a Contract of Sale
from the 'V'eterans Land Board of Texas to Gary Lane Brown, recorded In 'Volume
1237, Page 591 of the Land Records of Collin County, Texas, being more
particularly described by metes and bounds to--vvit:
BEGINNING at an iron pin set in County Road 367, pin is the Southwest corner of
said tract;
THE, North with said centerline 272.55 feet to an iron pin set, pin bears South
192.59 feet from an iron pin found;
THENCE South 86 deg. 35 min. East with the North line of said tract, passing an
iron pin set at 765 feet, passing an iron pin at 1569 feet, then continuing a total of
1669 feet to a point in the centerline of a Creels;
THENCE with the centerline of said creek as follows:
South 14 deg. 56 min. 35 sec. West, 19.22 feet;
South 19 deg. 30 min. West, 110 feet;
South 10 deg. 30 min. East, 152 feel to a point for corner;
THENCE North 86 deg. 35 min. West with a fence and row of trees passing an iron
pin set at 86 feet, then continuing a total of 1655 feet to the PLACE OF
BEGINNING, containing 10.27 acres.
Page 17
Exhibit B
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Section 212.172 of the Texas Local
Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Ownce). The term "Owner" includes all owners of
the Property,
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, as shown in the attached Exhibit "A", and
WHEREAS, the Owuer desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered1nto pursuant to Section 212,172 of the Texas
Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
WIIEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and die Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County,
NOW, THE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows;
Section 1, The City guarantees the continuation of the extraterritorial statim of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement, However, if the Property is annexed pursuant to the provisions of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
Texas Local Government Code,
Section 2. The Owner covenants and agrees not to use the Property for any use other than
for agrioultm, wildlife management, and/or timber land consistent with Chapter 23 of
the Texas Tax Code, except for existing single-family residential use of the Property,
without the prior written consent of the City,
The Owner covenants and agrees that the Owner will not file any type of subdivision plat
or related development document for the Property with Collin County or the City until
the Property has been annexed into, and zoned by, the City,
The Owner covenants and agrees not to construct, or allow to be constructed, any
buildings on the Property that would inquire a building permit If the Property were in the
city limits, until the Property has been annexed into, and zoned by, the City, The Owner
also covenants and agrees that the City's AG --Agricultural District zoning requirements
apply to the Property, and that the Property shall be used only for AG— Agricultural
District zoning uses that exist on that Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement,
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement covenants and agrees, jointly and severably, 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 the Agreement, arising in any way from the
City's reliance on this Agreement,
Section 3. The Owner acknowledges tint If any plat or related development document is
filed in violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other remedies,
such act will constituto a petition for voluntary annexation by the Owner, and the
Property will be subject to annexation at the discretion of the City Council, The Owner
agrees that such annexation shall be voluntary and the Owner hereby consents to such
annexation as though n petition for such annexation had been tendered by the Owner, If
annexation proceedings begin pursuant to this Section, the Owner acknowledges that this
Agreement serves as nn exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan, Furthermore,
the Owner hereby waives any and all vested rights and claims that they may have under
Section 43,002(u)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein,
The Owner further agrees that the Owner will not in any manner contest any annexation
of the Property Initiated by the City under this Section or any annexation of the Property
completed by the City after the Term of this Agreement,
Section 4, The City is authorized to enforce all of the City's regulations and planning
authority that do not materially interfere with the legal use of the Property as described in
Section 2 of this Agreement in the same manner the regulations are enforced within the
City's boundaries, Tho City states and specifically reserves its authority pursuant to
Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that i5 subject to n Chapter212 development agreement,
Section S. The term of this Agreement (the "rerm") is one year from the date that the
City Manager's signature to this Agreomcnt is acknowledged by a public notary. The
Owner, and all of the ownces heirs, successors and assigns shnll be deemed to have filed
A petition for voluntary annexation before the end of the Term, for annexation of the
Property to be completed on or after the end of the Term. Prior to the end of ttte Term,
the City may eommonce the voluntary annexation of the Property. Tn connection with
annexation pursuant to this section, the Owners hereby waive any vested rights they may
have under Section 43.002(a)(2) and Chapter 245 of -the Texas Local Goverment Code
that would otherwise exist by virtue of any application, plan, plat or construction any of
the owners may submit or Initiate during the time between lite expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement shall be temporarily elnssified as
AG — Agricultural District until permanent zoning is established by the City Council
pursuant to the City's Code of Ordinances, pending determination of the Property's
permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, gives written notice of this Agreement to the prospective
Purchaser or grantee, and shall give written notice of the sale or conveyance to the City,
Furthermore, the Owner and the Owner's heirs, successor, and nssigns shall give the City
written notico within 14 days of any change in the agricultural exemption status of the
Property. A copy of either notice required by this section sball be forwarded to die City at
the following address:
Cityof Anna
Attn: CityManager
111 N. Powell Parkway
Anna, Texas 75409
Section A. This Agreement shall run with the Property and be recorded In lite real
property records of Collin County, Texas.
Section 9. if a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement steal l remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the
enforceability of Oils Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 12, Exclusive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin County, Texas,
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same Instrument.
Section 14, This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered Into this 14—day of , 2010.
e.
Phili Snder
a
City anger, Ci Anna, Texas
',CITE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged befommeonthq-Lday of"Ii , 2010, by Philip
Sanders, City Manager, City of Anna, Texas.
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Nory Public, Stat fTexas
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TME STATE OF TEXA(}
COUNTY OF [ )
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This inshument wus acknowledged before me on the dday of 2010, by
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THE STATE OF TEXAS)
COUNTY OF 0C,ll�n )
This instrument was acknowledged before moon the ( day of [)e0yn bASC 2010, by
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Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF )
This instrument was acknowledged before me on the ,_,day of , 2010, by
Owner3.
Notary Publi(;, Slate of Texas
Owner 4
TAnted Name;
THE STATE OF TEXAS)
COUNTY OF )
This instrument was acknowledged bofore me on thc,_day of , 2010, by
, Owner 4.
Notary Public, State of Texas
Notice of Confidentiality Rights: If you area natural person, you may remove or strike 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
COUNTS' 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 butnot limited to acquisition
land in fee simple title for strect/road/highway and related transportation facilities, utilities, and drainage deemed necessary or
convenient to public projects) 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 public project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, Troy Queen and wife, Floella Queen, 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 proposes.
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 public project to be constructed of which the land hereby
conveyed shall become a part, 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 public
project requires and Grantor hereby grants rights of ingress and egress and the right of direct access to and from Grantors'
remaining properly (if any) to said public project as may be necessary for construction, repair, 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
ally part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the day of 2014.
GRANTORS:
Troy Queen
ACI{NOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument Nvas acknowledged before me on the day of2014, by Troy Queen who states under oath that
he/she is the owner of Grantors' Property described herein and has the authority to execute this document.
Notary Public, State of Texas
DEED PAGE 1 of 2
ACXNO\A'LEDGMLNT
THE STATE, OF TEXAS
COUNTY OF COLLIN
Floella Queen
This instrument was acknowledged before me on the day of , 2014, by Floella Queen who states under oath (fiat
he/she is the owner of Grantors' Property described herein and has the authority to execute this document.
Notary Public, State of Texas
2606
cp
30' WIDE EASEMENT i — i 0�t6.
INSTR, #98-0100210
O.P.R.C,C.T,
' P,O.B,-1f2" IRON
ROD (FOUND)
I I
Line Toble
Line #
Length
Direction
L1
277,79
N01036'48"W
L2
90,20
S87049'02"L
L3
277.48
S01036'48"E
L4
90.18
N88°00'43"W
JL4
SURVEYOR'S CERTIFICATE
That I, Harry L. Dickens, do hereby certify that I
have prepared this plat and the field notes shown
hereon from on on the ground survey of the land,
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 yhis the 6th day 4f _ fttoba 2014,
Harry L15 ens 10/06/2014
Register d rofessionol
Land S ry vor No. 5939
FELLOWSHIP OF PLANO
CALLED: 7.466 ACRES
INSTR. 420140411000340300 1/2" IRON
O.P.R.0,07, ROD (FOUND)
S$7°49 OZ'E 1477,82'
�-- PROPOSED 90' WIDE TROY QUEEN AND WIFE,
RIGHT-OF-WAY FLOELLA QUEEN
0.574 ACRES CALLED; 10,27 ACRES
(24,988 SQ FT) VOLUME 5707, PAGE 4433
O,P,R,C,C,T,
S88000'43"E 1477,00'
4—
R1/2" IRON
OD (FOUND)
BLOOMFIELD 1H07L.P,
CALLED: 58 ACRES
INSTR,#20121002001246620
O,P,R,C,C,T.
1
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,
LEGEND
P.M.
= 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
0
- MONUMENT FOUND (AS NOTED)
0
= 5/8" IRON ROD SET W/ CAP
STAMPED "WESTWOOD"
SCALE 1" = 200'
40e
TIPTON ENGINEERINGAwls
a dlvlsion of Westwood �'X' �j
3 2740 North Dallas Parkway, Suite 280 RIGHT-OF-WAY
Plano, Texas 75093 sheet; 1 OF 2
Ph: (972) 793-0300 Joseph Schluter Survey - Abstract No. 856
Eng. Firm No, F-11756, Tx Survey Firm No, 10074301 City of Anna, CoWn County, Texas Pate; 10/06/:14
VISED 0003813-ROW1,dwg
-2014 Lmt—W Fmracp b sari be
EXHIBIT A
90' WIDE RIGHT—OF—WAY
0,574 ACRES
BEING a 0.574 acre tract of land situated in Ilia Joseph Schluter Survey, Abstract No. 856, City of Anna, Collin,
County, Texas, and being a portion of a tract of land described in deed to Troy Queen and wife, Floella Queen,
recorded in Volume 5707, Page 4433 a( the Official Public Records of Collin County, Texas (OPRCCT) and being more
particularly described as follows:
BEGINNING 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 (PROCT), the southwest corner of said Queen tract and the
northwest corner of a tract of lurid 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 and
the west line of said Queen tract, a distance of 277.79 feet to a 5/8—inch iron rad with yellow cap stamped
"WESTWOOD PS" set at the northwest corner of said Queen tract the some being the southwest corner of a tract of
land described in deed to Fellowship of Plano tract recorded in County Clerks Instrument No, 20140411000348300
(OPRCCT);
THENCE South 87 Degrees 49 Minutes 02 Seconds East, along the common north line of said Queen tract and south
line of sold Fellowship of Plano tract, a distance of 90,20 feet to a 5/8—inch iron rod with yellow cap stamped
"WESTWOOD PS" set, from which a 1/2 --Inch Iran rod found in said cornmon line bears South 87 Degrees 49 Minutes
02 Seconds East, a distance of 1477.82 feet;
THENCE South 01 Degrees 36 Minutes 48 Seconds East, a distance of 2.77.48 feet to a 5/8—inch iron rod with
yellow cap stamped "WESTWOOD PS" set in the south line of said Queen tract the same being the common north
line of aforementioned Bloomfield Homes tract, from which a 1/2—iron rod found in said common line bears South
88 Degrees 00 Minutes 43 Seconds East, a distance of 1477,00 feet;
THENCE North 88 Degrees 00 Minutes 43 Seconds West, along the common south line of said Queen tract and the
north line of said Bloomfield Homes tract, a distance of 90,18 feet to the POINT OF BEGINNING and containing
24,988 square feet or 0.574 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 (2011) Texas North Central Zone (4202),
frJy.�� TIPTON ENGINEERING
a dlvlslon of Westwood
2740 North Dallas Parkway, Suite 280
Plano, 'Texas 75093
ph:(972) 793-0300
Eng. Firm No, F-11756, Tx Survey Firm No, 10074301
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REVISED 00038i3—RDWUwg
PERMANENT SEWER AND TRAIL EASEMENT
Date: Executed and effective on the dates of the
acknowledgments set out below.
Gjantors: Troy Queen and wife, Flotilla Queen Grantee: City of Anna, Texas, a municipal corporation
Grantors' Mailing Address: Grantee's Mailing Address:
1405 S. Ferguson Parkway P,O. Box 776
Anna, TX 75409 Anna, Texas 75409 in Collin County, Texas
Grantors' Property: The Grantors' Property is a 10.27 acre tract of land located in tate Joseph Schluter Survey, Abstract No. 856, Collin, County,
Texas, and being described in a Generat Warranty Deed to Troy Queen and wife, Floella Queen, recorded in Collin County Land Recordings in
Volume 5707 on page 4433.
Permanent Easement: The Permanent Server and Trial Easement ("Easement") is 0,187 acres of property within Grantors' Property, said 0.187
acres being a strip of land approximately 30 feet wide. A metes and bounds legal description and depiction of the Easement is attached hereto 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 public
hike and bike pedestrian trail upon and across Grantors' Property within the bounds of the Easement, together with the right of ingress and egress
along Grantors' Properly,
Consideration: (1) Ten dollars ($10,00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by
Grantors; (2) tap fee waived for a single connection to the sewer line at time of Grantors' choosing; (3) fence restoration as set forth below.
Grant of Easement: Grantors, for the Consideration described herein, grant, sell, and convey to Grantee and Grantee's heirs, successors and
assigns, the Easement over, under, on and across Grantors' 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 server utility lines, and a hike and bike hail, 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,
Grantors bind Grantors and Grantors' 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 tine
aforementioned utility lines, trails, and tboir 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 and trails or their appurtenances, or to
remove possible hazard thereto, Grantors recognize 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 Grantors hereby agree that this Easement and its general dimensions
hereby granted shall apply to the actual location of said lines, trails and appurtenances. To the extent that Grantee disturbs, removes or damages
any existing fences on Grantors' Property that do not interfere with Grantee's rights as set forth herein, Grantee shall restore such fences to
reasonably the same condition.
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 revertto Grantors or Grantors' successors or assigns,
Character of Easement: The Easement is appurtenant to and runs with the title to Grantors' Property, whether or not the Easement is referenced
or described in any conveyance of all or such portion of Grantors' 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 Easenent") to use tip 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 Easement shall expire. Except for the replacement of trees and shrubs, Grantee must reasonably restore the Adjacent Property
and the Temporary Easement to its previous physical condition if changed by use of the rights granted by this Temporary Easement,
Troy Queen
ACICNOWLEDGNIENT
THE STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of 2014, by Troy Queen who states under oath that he/she
is the owner of Grantors' Property described herein and has the authority to execute this document.
Notary Public, State of Texas
PERMANENT SEWER AND TRAIL EASEMENT PAGE 1 of 2
Floella Queen
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of, 2014, by Floella Queen who states tinder oath that
he/she is the owner of Grantors' Property described herein and has the authority to execute this document,
Notary Public, State of'foxas
PERMANENT SE'1'1'ER AND TRAIL EASEMENT PAGE 2 of 2
N
FELLOWSHIP OF PLANO
CALLED; 7,466 ACRES (�
INSTR,112014041100034030D �Q�Cav
D,P,R,C,C,T,
BLOQMFIELD H9MES L.P.
CALLED; 58 ACRES
INSTR,f120121002001246620
. O,P,R.C,C.T,
Line Tahie
L2
PROPOSED
TROY QUEEN AND WIFE, 50 'WIDE
L7
30' SEWER AND
FLOELLA QUEEN TEMPORARY
-- -�
=
� TRAIL EASEMENT
CALLED: 10,27 ACRES CONSTRUCTION
—
0.187 ACRES
VOLUME 5707, PAGE 4433 EASEMENT
J
(8,150 SQ FT)
O,P.R.C.C,T,
387055'02*E 1529.00
IRON ROD
(FOUND)
P,Qn,
BLOQMFIELD H9MES L.P.
CALLED; 58 ACRES
INSTR,f120121002001246620
. O,P,R.C,C.T,
Line Tahie
Line #
Length
Direction
L7
271.70
NO2004'58"E
L2
30.00
S87043'37"E
L3
271.60
S02004'58"W
L4
30.00
N87055'02"W
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F7PL.S , a, 5939
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ANY }
L. DICK
5939 .,
37END
R, C, C, T, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS
0.a. POINT OF &FGINNING
O, C. POINT OF COMMENCEMENT
0 MON044F_NT FOUND (AS NOTED)
SCALE 1" = 200'
TIPTON ENGINEERING
a division of Westwood and Tmil
2740 North Dallas Parkway, Suite 280 Lakeview Matm PhmeI
Plano, Texas 75093 Ab�Ted Ma OM
Ph; (972 793-0300 �
Fag. Firm No. F--11756, lk Survey Firm No. 10074301 1 CH7 of Ate. CoOtn Go"ty, Tem
EXIEM A
Sheet: 1 Ov 2
mte; 10/06/14
RENSEO 0000733ES03_R2.dwg
EXHIBIT A
SEWER AND TRAIL, EASEMENT
8,150 SQUARE FEET OR 0.187 ACRES
BEING a 0.1.87 acre tract of land situated In the Joseph Schluter Survey, Abstract No, 856, City of Anna,
Collin, county, Texas, and being a portion of a tract of land described in deed to Troy Queen and wife,
Fioeila Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of 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 Hallow Estates, Phase 2, recorded in
Cabinet 0, Page 392 of the Plat Records of Collin County, Texas (PRCCT) the same being the southwest
corner of said Queen tract and the northwest corner of a tract of land described In deed to Bloomfield
Homes, L.P., recorded in County Clerk Instrument No, 201.21002001246520 (OPRCCT);
THENCE South 87 Degrees 55 Minutes 02 Seconds East, along the common north line of said, Bloomfield
Homes, L,P, tract, the same being the south line of said Queen tract, a distance of 1529,00 feet to the
POINT OF BEGINNING;
THENCE North 02 Degrees 04 Minutes 58 Seconds East, a distance of 271.70 feet to the north line of said
Queen tract;
THENCE South 87 Degrees 43 Minutes 37 Seconds East, along the common north line of said Queen
tract and a tract of land conveyed to Fellowship of Plano, recorded in County Clerk Instrument No,
2014041.1000348300, (OPRCCT), a distance of 30,00 feet;
THENCE South 02 Degrees 04 Minutes 58 Seconds West, a distance of 271,60 feet to the common south
line of said Queen tract and the north line of aforementioned Bloomfield Homes, L.P, tract;
THENCE North 87 Degrees 55 Minutes 02 Seconds West, along said common line a distance of 30,00 feet
to the POINT OF BEGINNING and containing 8,150 square feet or 0,187 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,
Harry L, DIC. 10/06/2014
RPLS No. 939(
PAGE 2 OF 2