HomeMy WebLinkAboutRes 2015-01-13 Easement from QJR Partnership Ltd.CITY OF ANNA, TEXAS
RESOLUTION NO. 2015-01-13
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE AN
EASEMENT FROM QJR PARTNERSHIP LTD.
WHEREAS, the City of Anna, Texas (the "City") has identified a water line easement
located on property owned by QJR Partnership LTD (the "Easement") that is necessary
for the construction of the Hackberry Elevated Tower project; and,
WHEREAS, the City has obtained an independent appraisal report regarding the value
of the Easement; and,
WHEREAS, the City has negotiated the acquisition of the Easement from QJR
Partnership LTD (the "Easement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
acquisition of the Easement 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. Authorization to Purchase Easement
The City Council hereby authorizes the City Manager to purchase the Easement
attached hereto as Exhibit 1, and incorporated herein for all purposes, for a total sum of
$62,873.49.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27th
day of January 2015.
ATTEST:
Mike Crist, Mayor�f�I� (r a Wilkiso , City Secretary
RES. 2015-01-13 QJR Partnership Easement �'��lAt�� a0'8F 1 01-27-15
PERMANENT WATER EASEMENT
Date: / /2015
Grantor: QJR Partnership LTD. Grantee: City of Anna, Texas, a municipal corporation
Grantor's Mailing Address: Grantee's Mailing Address:
9262 County Road 419 P.O. Box 776
Anna, TX 75409-8205 Anna, Texas 75409 in Collin County, Texas
Grantor's Property: The Grantor's Property is atract of land located in the F. T. Daffau Survey, Abstract No. 00288, conveyed to
QJR Partnership LTD by deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed
Records, Collin County, Texas, (DRCCT).
Permanent Water Easement: The Permanent Water Easement ("Easement") is 1.92 acres of property within Grantor's Property, said 1.92 acres
being a strip of land of variable width. A metes and bounds legal description of the Easement is attached as Exhibit A.
Easement Purpose: As more fully described herein, to construct and use water utility lines below the surface, together with the right of ingress
and egress along, upon and across Grantor's Property and along, upon, over, under, and across Grantor's Property within the bounds of the
Easement.
Consideration: The sum often dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of wluclr are acknowledged
by Grantor.
Grant of Easement: Grantor, for the Consideration described herein, grants, sells, and conveys to Grantee and Grantee's heirs, successors and
assigns, the Easement over, under, on and across Grantor's Property for the Easement Purpose, including the right of construction, installation,
reconstruction, operation, maintenance, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal and other associated
uses of water utility lines together with all and singular the rights and appurtenances thereto in any way belonging, (collectively, the "Easement
Rights"), to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Grantor and
Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement and the Easement Rights in Grantee and Grantee's
heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement Rights.
Grantee shall have the right to prevent excavation within the Easement; the right to prevent construction of any and all buildings, structures or
other obstructions which would endanger or interfere with the efficiency, safety, and/or convenient operation of the aforementioned utility lines
and their appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be
necessary to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
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 Construction Easement: Grantee has the right to use up to 20 feet of the surface of the property that is adjacent to the Easement as
shown on Exhibit "A" ("Temporary Construction Easement") 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 casement shall expire. Except for the replacement of trees and shrubs, Grantee must reasonably restore the
Temporary Easement to its previous physical condition if changed by use of the rights granted by this Temporary Construction Easement,
[SIGNATURES PAGE FOLLOWS, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
QJR Partnership LTD.
By:
James D. Rollins
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of , 20----, by who
states under oath that he/she is the owner of Grantor's Property described herein and has the authority to execute this document.
Notary Public, State of Texas
Quincy Rollins
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of , 20____, by who
states under oath that he/she is the owner of Grantor's Property described herein and has the authority to execute this document.
Notary Public, State of Texas
Jeffrey W. Rollins
ACI WOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of 20 by who
states tinder oath that he/she is the owner of Grantor's Property described herein and has the authority to execute this document.
Notary Public, State of Texas
Rebecca L. Rollins
ACI NOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of , 20____, by who
states under oath that he/she is the owner of Grantor's Property described herein and has the authority to execute this document.
Notary Public, State of Texas
[M tjj[T$UAi
09/05114
Tract 4
FIELD NOTE DESCRIPTION
FOR
PEI RMANENT VARIABLE WIDTH WATER LINE EASEMENT
OVER, UNDER, AND ACROSS THE PROPERTY OF
QJR PARTNERSHIP LTD
(INSTRUMENT NUMBER 20020214000237330 & VOLUME 5106, PAGE 2380,
DEED RECORDS OF COLLIN COUNTY, TEXAS)
BEING a strip of land for a permanent variable width water line easement generally 20 -feet and 55 -feet in
width and being over, under and across a 162.12 acre tract located in the F. T. Daffau Survey, Abstract No.
0288, Collin County, Texas, conveyed to QJR Partnership LTD by a deed recorded in Instrument Number
20020214000237330 and Volume 5106, Page 2380, of the Deed Records of Collin County, Texas
(D.R.C.C.T.). Said strip of land being more particularly described as follows:
BEGINNING at a point in the west property line of said 162.12 acre QJR Partnership LTD tract and being in
the east property line of a 50.53 acre tract conveyed to Two -J Partners LLLP by deed recorded in Instrument
Number 20080509000562500, of the D.R.C.C.T., said point being N 58°40'46" E, a distance of 778.69 feet
from a 3/8" iron rod found in the south property line of said 50.53 acre Two -J Partners LLLP tract, said 3/8"
iron rod also being a northeast corner of a 107.52 acre tract conveyed to Q Seminole Anna Town Center, LP
by deed recorded in Instrument Number 20080128000100640, of the D.R.C.C.T. and the northwest corner of
a 26.884 acre tract of land being Creekside Phase 3, an addition to the City of Anna as recorded by
Subdivision Number 58453, of the Plat Records of Collin County, Texas (P.R.C.C.T.), said point also being N
49°45'00" W and a distance of 639.76 feet from a 5/8" capped iron rod found in the south property line of
said 162.12 acre QJR Partnership LTD tract, said iron rod being the northeast corner of said 26.884 acre
Creekside Phase 3 addition, and being the northwest corner of a 29.157 acre tract of land being The Falls
Phase 2, an addition to the City of Anna as recorded by Subdivision Number 58550, of the P.R.C.C.T.;
THENCE, N 0°44'50" E (North per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the
common property line, a distance of 59.04 feet to a point for a corner;
THENCE, S 48°27'00" E, leaving said common property line, a distance of 328.09 feet to a point for a corner,
said point being the beginning of a curve to the left;
THENCE, along said curve having a radius of 890.00 feet, a central angle of 28°40'58", and an arc distance of
445.54 feet (chord bearing - S 62°47'29" E and chord distance of 440.90 feet) to a point for corner;
THENCE, S 89°18'08" E, a distance of 579.24 feet to a point for a corner;
THENCE, S 88°59'32" E, being 55 -feet perpendicular distance from and parallel to the south property line of
said 162.12 acre QJR Partnership LTD tract a distance of 407.24 feet to a point for a coiner, said point being
the beginning of a curve to the right;
THENCE, along said cuive having a radius of 830.00 feet, a central angle of 17°11'30", and an arc distance of
249.04 feet (chord bearing - S 80°2347" E and chord distance of 248.11 feet) to a point for corner, said point
being the beginning of a curve to the left;
THENCE, along said curve having a radius of 870.00 feet, a central angle of 4°40'52", and an arc distance of
71.08 feet (chord bearing - S 74°08'28" E and chord distance of 71.06 feet) to a point for corner, said point
being in the south property line of said 162.12 acre QJR Partnership LTD tract and in the north property line
of a 114.608 acre tract conveyed to Anna 455 Residential LP by deed recorded in Instrument Number
20070403000444410, of the D.R.C.C.T.;
Page 1 of 3
hAproj=1s\ama\2014111\esmt_p1ats\dcscriptions\tmct 4.doc
09/05/14
Tract 4
THENCE, N 88046'32" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
the common property line of said 162.12 acre QJR Partnership LTD tract and of said 114.608 acre Anna 455
Residential LP tract, a distance of 78.48 feet to a 5/8" iron rod found for a corner, said 5/8" iron rod being at
the northeast corner of said 114.608 acre Anna 455 Residential LP tract and at the northeast comer of said
29.157 acre The Falls Phase 2 addition;
THENCE, N 88°59'32" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
the common property line of said 162.12 acre QJR Partnership LTD tract and said 29.157 acre The Falls
Phase 2 addition, a distance of 642.62 feet to a 1/2" iron rod found for a corner;
THENCE, N 89°03'49" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
said common property line, a distance of 13.58 feet to a corner (no monument found) in the north property
line of said 29.157 acre The Falls Phase 2 addition (plat calls for a 1/2" iron rod);
THENCE, N 89°18'24" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along
said common property line, a 5/8" capped iron rod found at a distance of 545.31 feet with an offset of 0.39
feet south, then continuing in all a total distance of 595.31 feet to a point for a corner;
THENCE, N 0022'17" E, leaving the said common property line, a distance of 41.41 feet to a point for a
corner, said point being the beginning of a non -tangent curve to the right;
THENCE, along said curve having a radius of 910.00 feet, a central angle of 27°00'53", and an arc distance of
429.06 feet (chord bearing - N 61°57'26" W and chord distance of 425.10 feet) to a point for comer (said call
being a part of the 20 -feet wide portion of the easement);
THENCE, N 48°27'00" W, a distance of 152.32 feet to a point for a coiner (said call being a part of the 20 -
feet wide portion of the easement);
THENCE, N 58°39'03" W, a distance of 139.40 feet to the POINT OF BEGINNING, said permanent variable
width water line easement containing 1.92 acres (83,831.32 square feet), more or less.
Also, a temporary construction easement being 20 -feet in width and being immediately adjacent to and
parallel with the northern legs of the above described permanent variable width water line easement, said
temporary construction easement containing 0.98 acre (42,895.31 square feet), more or less.
1. Bearings and distances cited in this field note description are based on the Texas State Plane
Coordinate System, NAD -83, Texas North Central Zone 4202.
2. Field surveys concluded on August 12, 2014.
3. An Easement Plat of even date herewith accompanies this Field Note Description.
i
��•O,F•TF Date:
.. ....................:....
GARY CLINTON H.....RICKS Gary C. Hendricks, P,E., R.P.L.S,
5073 T.B.P.L.S. Firm No. 10031800
US1 �y0 Texas Registration No. 5073
Bukhoff, Hendricks & Carter, L.L.P.
T.B.P.E. Firm No. 526
11910 Greenville Avenue, Suite 600
Dallas, Texas 75243
Phone: 214-361-7900
Page 2 of 3
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