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HomeMy WebLinkAboutOrd 1014-2022 Approving a Gas Metering Station Specific Use Permit (SUP) for Villages of Hurricane CreekCITY OF ANNA, TEXAS (Villages of Hurricane Creek, North, Block N, Lot 1X) ORDINANCE NO. 1014 - ,2(3P-2 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested specific use permit from MM Anna 325 LLC on Property identified as Aboveground Facilitates Easement as shown on Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property was zoned Planned Development (Ordinance No. 932-2021); and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by approving a Specific Use Permit on the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, and approving the Specific Use Permit in the Planned Development zoning district to allow the use of gas metering station as depicted in the Site Plan on the attached Exhibit B. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 8th day of November 2022. ATTESTED: o iu„�PPROVE D: Carrie L. Land, City Secretary ~ate^- e, Mayor SpecificGas Metering Station m) __-- -4.- �; -=�t3QROSSING UR . / ter...-. ...A.s _�.-�a-.r.SMl�i_ A`! _ ice.. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY DOCUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Line: NT201 R/W#: NT201 179-1 Collin County Jack McFarland 02/08/2022 PIPELINE AND ABOVEGROUND FACILITIES EASEMENT (WITH ACCESS EASEMENT) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration paid by Atmos Energy Corporation, a Texas and Virginia corporation with its principal office at 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, together with its successors and assigns (said entity and its successors and assigns are herein collectively called "Grantee"), the receipt of which is hereby acknowledged, the undersigned (herein called "Grantor" whether one or more), hereby grants, sells and conveys unto Grantee, a free and unobstructed right of way and exclusive easement for the purpose of: Pipeline Easement (i) laying, constructing, operating, maintaining, inspecting, repairing, replacing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, which shall not exceed twelve inches (12") in nominal diameter excluding any protective coating or wrapping at the time of initial installation (with the right to increase or decrease the diameter during any subsequent replacement), and up to two (2) additional pipelines which shall not exceed forty-two inches (42") in nominal diameter each, excluding any protective coating or wrapping, following the installation of the initial pipeline (collectively, the "Pipelines"), and the appurtenances thereto, for the transportation of oil, natural gas (including renewable/biogas), carbon dioxide, synthetic liquid or gaseous fuels, and any refined or blended products of the same (including the constituent elements thereof), together with water, cleansers, and other products necessary for the testing, inspection, maintenance, and operation of the pipeline(s), and with such above or below ground drips, valves, fittings, taps, saddles, meters, pressure relief facilities, communication devices, odorization equipment, aerial and pipeline markers, electrical service, anodes, rectifier poles, and other devices for the control of pipeline corrosion, and bull guards or similar Page 1 IOL Aboveground Easement w pipeline and access (version 12.15.21) physical protection, as may be necessary or desirable in the operation of said lines, over, across, under and upon the area described as "Pipeline Easement" on Exhibit "A" attached hereto and made a part hereof (collectively, the "Pipeline Easement Area") All Pipelines within the Pipeline Easement Area shall be initially installed at a minimum depth of thirty-two inches (32"); and Aboveground Facilities Easement (ii) laying, constructing, operating, maintaining, inspecting, repairing, replacing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, aboveground and underground Pipelines, and the appurtenances thereto, for the transportation of oil, natural gas (including renewable/biogas), carbon dioxide, synthetic liquid or gaseous fuels, and any refined or blended products of the same (including the constituent elements thereon, together with water, cleansers, and other products necessary for the testing, inspection, maintenance, and operation of the pipeline(s), and with such above or below ground Facilities Piping (defined below), drips, valves, fittings, metering facilities, taps, saddles, pressure relief facilities, pigging facilities, pressure regulating facilities, electrical service, anodes, rectifier poles, and other devices for the control of corrosion, communication facilities, odorization equipment, barricades and fencing, the right to construct and install gravel, asphalt or concrete upon the surface of the Facilities Easement Area (as defined herein), aerial and pipeline markers, and other appurtenance as may be necessary or desirable in the operation of said facilities (collectively, the "Aboveground Facilities"), over, across, under and upon the lands more particularly described on, and depicted as the "Surface Site" in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Facilities Easement Area"). "Facilities Piping 'refers to additional segments of above or below ground piping which may be required for the safe and/or convenient operation of said Facilities within the Facilities Easement Area and to effectuate the purposes permitted herein. All pipes and/or Pipelines (including the Facilities Piping) may be initially installed at any depth or above -ground.; and Access Easement (iii) vehicular and pedestrian ingress to and egress from the Facilities Easement Area along and upon the land more particularly described as the "Access Easement" on Exhibit "A" attached hereto and made a part hereof (the "Access Easement Area"). Grantee's Aboveground Facilities, Pipelines and any improvements to the Access Easement Area are collectively referred to as Grantee's "Easement Facilities." The areas comprising the Pipeline Easement Area, Facilities Easement Area, and the Access Easement Area are collectively referred to as the "Easement Area." Grantor grants Grantee the right to temporarily use temporary workspace as described in Exhibit "A" (the "Temporary Workspace") for the sole purpose of carrying out the initial construction of the Easement Facilities, which rights shall include, but not be limited to, boring Page 2 IOL Aboveground Easement w pipeline and access (version 12.15.21) activities, clearing, leveling, temporary storage, and staging equipment and materials. Grantee's right to utilize this Temporary Workspace will terminate and cease on earlier to occur of (i) the date on which initial construction of the Easement Facilities has been completed and the same are placed into service; or (ii) one and one-half (1.5) years from the effective date of this instrument as shown below. It is further agreed as follows: 1. Grantee shall have the right to select the location of said Easement Facilities within their respective portions of the Easement Area (e.g., the Aboveground Facilities within the Facilities Easement Area), and to do whatever may be requisite for the use and enjoyment of the rights herein granted, including the right of ingress and egress over Grantor's adjacent or additional lands to or from said Easement Area in the event Grantee cannot reasonably access the Easement Area by staying within the boundaries of the Access Easement Area, but in no event shall Grantee enter Grantor's adjacent or additional lands if access to the Easement Area is reasonably available over, though, or across a dedicated public right-of-way, and if no such access over a public right-of-way exists, then without the prior written consent of Grantor, which consent may not be unreasonably withheld. 2. Grantor shall have no access rights on, under, or over the Facilities Easement Area. Further, Grantor shall not obstruct Grantee's use of the Access Easement Area. 3. The aforesaid consideration includes any and all damages that may be sustained by the construction and installation of the Easement Facilities and appurtenance permitted under this Pipeline and Aboveground Facilities Easement, as well as damages arising from the repair, maintenance, inspection, replacement, operation, or removal of the Easement Facilities to be installed under the instrument, including without limitation, cutting trees and damages to land, trees, buildings, growing crops and grasses. Grantee shall repair or replace any damage caused to gates and fences by Grantee's removal, cutting, or use thereof. Grantee agrees that after it completes the original installation of the Easement Facilities permitted under this Pipeline and Aboveground Facilities Easement, it will restore the original contour of the surface of the Pipeline Easement Area and Temporary Workspace and any remaining property used for construction that is not part of the Easement Area, as nearly as practicable, to its pre -construction condition within a reasonable period of time reflective of and dependent upon the construction and property's characteristics, including but not limited to seasonal growing periods and weather patterns, but in no event longer than six (6) months after the completion of construction. 4. Grantee will also maintain the Easement Area in a manner consistent with the purposes stated herein. Grantee will install, erect and construct, at its sole cos and expense, a six (6) foot wall surrounding the perimeter of the Facilities Easement Area; provided, further, Grantee shall have the right to remove, cut, and use any gates or fences crossing the Easement Area. Grantor shall have the right to install and maintain fences provided that such use does not interfere with Grantee's permitted use of the Easement Area, the Easement Facilities, or the Temporary Workspace and Grantee shall at all times have access through any such fence by means of a gate. Page 3 IOL Aboveground Easement w pipeline and access (version 12.15.21) 5. Grantor shall not construct, and Grantee shall have the right to prevent and/or remove, any improvements, structures, buildings, reservoirs, or obstructions within the Easement Area (and the Temporary Workspace while in effect). Further, Grantee has the right to trim, cut down, or eliminate trees or shrubbery, and to prevent or remove possible present or future hazards and/or activities, any of which, in the sole judgment of the Grantee may presently or in the future endanger or interfere with the efficient, safe, and/or convenient exercise of Grantee's rights hereunder within the Easement Area (and the Temporary Workspace while in effect). Further, in addition to the rights stated herein, Grantor specifically acknowledges and agrees that pursuant to this paragraph Grantee has the right to remove any type of tree, including pecan, olive, or other crop -bearing tree, from, and to prevent any future encumbrance over, said Easement Area (and the Temporary Workspace while in effect) by any tree or any other crop interfering with the construction, maintenance, and/or operation of the pipelines permitted under this Pipeline and Aboveground Facilities Easement without any compensation whatsoever to Grantor or its successors and assigns, which rights are included in the aforesaid consideration. . 6. With respect to the Pipeline Easement Area only, Grantee intends to employ a "double ditch" method where practical and permitted during installation of each Pipeline where other installation methods such as boring or horizontal directional drilling are not employed. Such double ditch method shall involve the removal and storage of the top soil (to a depth determined by Grantee) and separation of same from the sub -soil so as to return the soil to as near as reasonably practicable its pre -installation condition after the excavation. It is acknowledged that the decision to use a bore -method or horizontal -drilling method will be in Grantee's sole discretion. 7. If a complete assignment of this Pipeline and Aboveground Facilities Easement occurs outside of an assignment to an affiliate or to a successor thorough merger, consolidation, or other sale or transfer of all or substantially all of its assets and businesses, Grantee shall provide written notice to the property owner at the last known address of the person in whose name the property is listed on the most recent tax roll of any taxing unit authorized to levy property taxes against the property. Provided however that such notice shall not have any effect on the validity or legal effect on the assignment. 8. Grantee shall only grant third -party access to the Easement Area for: (a) a purpose that is related to the construction, safety, repair, maintenance, inspection, replacement, operation, or removal of each pipeline or appurtenances installed under this Pipeline and Aboveground Facilities Easement, or (b) another natural gas corporation or natural gas utility as defined by Texas law. 9. If Grantee should abandon the rights granted herein and if such abandonment should continue for a continuous period of ten years, all rights of Grantee herein shall ipso facto terminate and revert to Grantor, his heirs, legal representatives, and assigns. 10. Grantor and Grantee agree that the failure to assert any right under this Pipeline and Aboveground Facilities Easement shall not constitute a waiver of any other right hereunder. Further, it is hereby agreed that any delay by Grantee in asserting any right granted in this Pipeline and Aboveground Facilities Easement, regardless of the length of any such delay, Page 4 IOL Aboveground Easement w pipeline and access (version 12.15.21) shall not prevent Grantee from later asserting or otherwise enforcing that same right, including but not limited to the right to prevent or remove any encroachments within the Easement Area as provided in paragraph 4 above. 11. This Pipeline and Aboveground Facilities Easement shall not be construed as a written agreement between Grantor and Grantee for purposes of Section 756.123 of the Texas Health and Safety Code (or any successor statute). Further, as used within this easement agreement, the word "structure" is intended to be interpreted broadly so as to include all manner of man-made items of any type, including but not limited to paving, parking lots, and terracing. 12. Except for the rights conveyed by this instrument, Grantee may not exercise any right over Grantor's property without express written consent from Grantor. However, the preceding sentence is not intended to and does not alter, modify, restrict, amend, or otherwise diminish any right Grantee has to use Grantor's property independent of this agreement, whether through a separate agreement, by law, or otherwise. 13. Both Grantor and Grantee hereby represent and warrant that they have read and have fully understood the terms of this Pipeline and Aboveground Facilities Easement, that they have had the opportunity to have same reviewed by an attorney, and that in entering into this Pipeline and Aboveground Facilities Easement they are relying solely upon their independent review and the advice of their respective counsel. Further, Grantor and Grantee acknowledge that this Pipeline and Aboveground Facilities Easement has been negotiated by the parties, and this Pipeline and Aboveground Facilities Easement shall be construed as one prepared by the joint efforts of Grantor and Grantee and shall not be construed against either party as the drafter. TO HAVE AND TO HOLD the above -described easements and rights unto the said Grantee, and Grantee's successors and assigns, until abandoned as provided for herein. This instrument and covenants and agreements herein contained shall constitute covenants running with the land, binding upon Grantor, his heirs, legal representatives, successors and assigns, for the benefit of Grantee, and Grantee's successors and assigns. Grantor hereby binds himself, his heirs, legal representatives and assigns to warrant and forever defend all and singular the above -described easements and rights, unto the said Grantee, and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. It is hereby understood that the party securing this grant on behalf of Grantee is without authority to make any covenant or agreement not herein expressed. <Signature page to follow> Page 5 IOL Aboveground Easement w pipeline and access (version 12.15.21) Page� 6 PO L Aboveground Eatdrk tw;access (version 12.15.2I r�2 � EXECUTED this LJr day of &I , 2022. GRANTOR: MM Anna 325, LLC, a Texas limited liability company By: MMM Ventures, LLC, a Texas limited liability company Its Manager By: 2M Ventures, LLC, a Delaware limited liability company Its Manager By: Name: Mehrdad Moayedi Title: Manager Address: 1800 Valley View Lane, Suite 300 Farmers Branch, Texas 75234 STATE OF TEXAS COUNTY OF O^U#0 BEF R ME, the undersigned authority on this day personally appeared _!V1eArt)u K��J; the A nayl7 of 2M Ventures, LLC a Delaware limited liability company, Manager of MMM Ventures, LLC, a Texas limited liability company, Manager of MM Anna 325, LLC, a Texas limited liability company known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23 day of M •t 2022. ( �� . 4 " Not Public in and for the State of Texas MATTHEW KOLLINGER Notary ?•` ;g=Notary Public, State of Texas ? Comm. Expires 03-14-2026 '••,,,,,,,�"` Notary 10 133642806 Page 7 IOL Abovegmund Easement w access (version 12.15.21) Page_ 8 IOLAiovground Easements access (version..12.15.21) EXHIBIT "A" SURFACE SITE EASEMENT All that certain 0.315 acre Surface Site Easement In the John Ellet Survey, Abstract No. 296, Collin County, Texas and being in a called 290.877 acre tract of land described in a Special Warranty Deed to MM Anna 325, LLC, recorded in Document Number 20190411000386110 of the Official Public Records of said county, and said 0.315 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rebar with a cap stamped "RPLS 6484" set for the southwest corner of the herein described tract THENCE North 01*00'20" West, a distance of 167.09 feet to a 1/2 inch iron rebar with a cap stamped "RPLS 6484" set for the northwest corner of the herein described tract, from which a 1/2 inch iron rebar with a red illegible cap found for the most northern northeast corner of said 290.877 acre tract bears North 42'3947" East, a distance of 2,108.59 feet; THENCE North 88'54'02" East, a distance of 100.00 feet to a 1/2 inch iron rebar with a cap stamped "RPLS 6484" set for the northeast corner herein described; THENCE South 01"00'20" East, a distance of 107.61 feet to a 1/2 inch iron rebar with a cap stamped "RPLS 6484" set for the southeast corner herein described, from which a 1/2 inch iron rebar found in County Road 368 bears South 58"30'14" East, a distance of 1,026.37 feet; THENCE South 58"12'04" West, a distance of 103.61 feet to a 1/2 inch iron rebar with a cap stamped "RPLS 6484" set at the beginning of a curve to the left, with a radius of 1,874.72 feet and a chord which bears South 58'00'18" West, a distance of 12.83 feet; THENCE along said curve to the left, with a central angle of 00"23'32" and an arc distance of 12.83 feet to the POINT OF BEGINNING and containing 0.315 acres or 13,732 square feet of land. Bearings and distances are based on the U.S. State Plane North American Datum of 1983 (NAD83), Texas North Central Zone (4202). STATE OF TEXAS COUNTY OF COLLIN I hereby certify that this survey substantially complies with the OF current Texas Society of Professional Surveyors Manual of Practice �E . s r E Requirements for a Category 1B, Condition 3, TSPS Standard Land A.P. e' gFfy NOTE: Survey and was conducted on the ground in December of 2021 and 0+ a .tp Bearings, coordinates and distances are based Is We and correct to the best of my knowledge. -- . ANTHONY R. C•RO•WL•• on U.S. State Plane NAD 1983 Coordinates. EY ............................ Texas North Central Zone (983 . Original signed and stamped in green Ink.`r, 6484 This survey was without the benefit 9AA•'•%..I "V.. E S 5,0,.' -lO prepared `1 February 18, 2022 ....... � S R`I� of a title commitment. There may be A THON Y C WLEY R.P.L. O. 6484 DATE U easements of record that are not shown. PROJECT: NT-201 -HURRICANE CREEK DESCRIPTION OF A 0.315 ACRE SURFACE SITE EASEMENT IN THE JOHN ELLET SURVEY, ABSTRACT NO. 296, COLLIN COUNTY, TEXAS �= CROWLEY FF CROWLEY SURVEYING SURVEYING f FRN:10046500 4251 FM 2181, #230484 ATMOS CORINTH, TX. 76210 -- (469) 850-CPLS(2757) PYI PY(S[T PROJECT AFE: 18OA9297 TRACT NO.: LOCATION: COLLIN COUNTY, TX DRAWN BY: LJG REVISION: CDM, 02-10.2022, 02-17-2022 EXHIBIT "A" VARIABLE WIDTH ACCESS EASEMENT All that certain 0.012 acre Access Easement in the John Ellet Survey, Abstract No. 296, Collin County, Texas and being in a called 290.877 acre tract of land described in a Special Warranty Deed to MM Anna 325, LLC, recorded in Document Number 20190411000386110 of the Official Public Records of said county, and said 0.012 acre Access Easement being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rebar with a cap stamped "RPIS 6484" set for the northwest corner of the herein described easement and the beginning of a curve to the right, with a radius of 1,874.72 feet and a chord which bears North 58'00'18" East, a distance of 12.83 feet; THENCE along said curve to the right, though a central angle of 00'23'32" and an arc length of 12.83 feet to a 1/2 inch iron rebar with a cap stamped "RPLS 6484" set at the point of tangency; THENCE North 58'12'04" East, a distance of 22.12 feet to the northeast comer herein described; THENCE South 01'00'20" East, a distance of 11.64 feet to an exterior comer herein described; THENCE South 62'29'00" East, a distance of 5.81 feet to a point in the north right-of-way line of the future Rosamond Parkway (a 120 foot wide right-of-way) for the southeast corner herein described; THENCE South 58'12'04" West, with said right-of-way line, a distance of 19.13 feet to a south exterior corner herein described; and the beginning of a curve to the right, with a radius of 1,859.72 feet and a chord which bears South 57'51'54" West, a distance of 21.82 feet; THENCE along said curve to the right, and with the said north right-of-way line, though a central angle of 00'40'20" and an arc length of 21.82 feet to the point of tangency at the southwest corner herein described; THENCE North 00"00'20" West, departing said north right-of-way line, a distance of 17.56 feet to the POINT OF BEGINNING and containing 0.012 acres or 539 square feet of land. Bearings and distances are based on the U.S. State Plane North American Datum of 1983 (NAD83), Texas North Central Zone (4202). STATE OF TEXAS COUNTY OF COLLIN I hereby certify that this survey substantially complies with the OF current Texas Society of Professional Surveyors Manual of Practice P"C• o•�'s •; . Requirements for a Category 18, Condition 3, TSPS Standard Land Survey and was conducted on the ground in December of 2021 and +•" �G ANTHONY R. C is true an correct to the best of my knowledge. signed and stamped in green ink. zl&ZITE r' • p 6484 19A.7�`ess� DESCRIPTION OF A VARIABLE WIDTH ACCESS EASEMENT IN THE JOHN ELLET SURVEY, ABSTRACT NO. 296, COLLIN COU TEXAS NOTE: Bearings, coordinates and distances are based on U.S. State Plane NAD 1983 Coordinates, Texas North Central Zone (4202). This survey was prepared without the benefit of a title commitment. There may be easements of record that are not shown. ~` CROWLEY CROWLEY SURVEYING �•M.PW SURVEYING 4251 FM 2181, #230-484 CORINTH, TX. 76210 (469) 850-CPLS(2757) EXHIBIT "A" PIPELINE EASEMENT All that certain 0.008 acre Pipeline Easement in the John Eilet Survey, Abstract No. 296, Collin County, Texas and being in a called 290.877 acre tract of land described in a Special Warranty Deed to MM Anna 325, LLC, recorded in Document Number 20190411000386110 of the Official Public Records of said county, and said 0.008 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch Iron rebar with a cap stamped "RPLS 64W set for the northeast comer of the herein described easement; THENCE South 01°00'20" East, a distance of 17.46 feet to the southeast corner herein described, from which a 1/2 inch iron rebar found In County Road 368 bears South 58'30'14" East, a distance of 1,026.37 feet; THENCE South 58'12'04" West, a distance of 23.32 feet to the southwest corner herein described; THENCE North 01"00'20" West, a distance of 17.46 feet to the northwest corner herein described; THENCE North 58'12'04" East, a distance of 23.32 feet to the POINT OF BEGINNING and containing 0.008 acres or 350 square feet of land. Bearings and distances are based on the U.S. State Plane North American Datum of 1983 (NAD83), Texas North Central Zone (4202). STATE OF TEXAS COUNTY OF COLLIN i I hereby certify that this survey substantially complies with the i OF tE•••s •� current Texas Society of Professional Surveyors Manual of Practice • -- ° ' Requirements for a Category 18, Condition 3, TSPS Standard Land Aty.E"aF fy NOTE: i Survey and was conducted on the ground in December of 2021 and hr'` ° :N Bearings, coordinates and distances are based >is We and correct to the best of my knowledge. ANTHO" T.HOR. .....R..C.ROWLEY •••••••�•-- on U.S. State Plane NAD 1983 Coordinates, NY C 1 ............. .......... ......... Texas North Central Zone (4202). S Original signed and stamped in green ink. �'• s 6484 • (L It 9 • °.... 5 5.... �O This survey was prepared without the benefit February 18, 2022 S U RJR of a title commitment. There may be r A THON Y C EY R.P.L. O. 6484 DATE easements of record that are not shown. PROJECT: NT-201 -HURRICANE CREEK ( PROJECT AFE: 180.49297 DESCRIPTION OF A 29 x 5' WIDE PIPELINE EASEMENT IN THE JOHN ELLET SURVEY, Z' ` CROWLEY SURVEYING TRACT NO.: ABSTRACT NO.296, COLLIN COUNTY, TEXAS CROWLEY SURVEYING '.1 LOCATION: COWN COUNTY, TX FRN:10046500 4251 FM 2181, 7ATM4X DRAWN BY: LJG ' REVISION: CDM, 02-10-2022, 02-17-2022 CORINTH, TX. 76210 6210 (469)850-CPLS(2757) energy 0�.,.,.ne.,a,...,..,re,.�,,,.,o.n,,,..,.,.. ! PAGE NO.: 3 OF 5 TEMPORARY WORKSPACE EASEMENTS EXHIBIT "A" TEMPORARY WORKSPACE EASEMENT NO.1 All that certain 0.115 acre Temporary Workspace Easement in the John Ellet Survey, Abstract No. 296, Collin County, Texas and being in a called 290.877 acre tract of land described in a Special Warranty Deed to MM Anna 325, L-C, recorded in Document Number 20190411000386110 of the Official Public Records of said county, and said 0.115 acre easement being more particularly described by metes and bounds as follows: BEGINNING at a point In the south line of a 50 foot wide permanent easement to Crosstex North Texas Pipeline, LP, NT-201/180, recorded in Document Number 20061108001699970 of said Official Public Records, for the northeast corner herein described; THENCE South 01*00'20" East, a distance of 134.65 feet to the southeast corner herein described at the beginning of a curve to the right, with a radius of 1,859.72 feet and a chord which bears South 56°34'31" West, a distance of 40.27 feet; THENCE along said curve to the right, with a central angle of 01°14'26" and an arc distance of 40.27 feet to a point of non -tangency for the southwest corner herein described; THENCE North 01"10'22" West, a distance of 255.98 feet to a point for comer in said south line of Crosstex Easement, for the northwest corner herein described THENCE North 88'54'02" East, with said south line of Crosstex Easement, a distance of 34.57 feet to the POINT OF BEGINNING and containing 0.115 acres or 4,990 square feet of land. TEMPORARY WORKSPACE EASEMENT NO.2 All that certain 0.120 acre Temporary Workspace Easement in the John Ellet Survey, Abstract No. 296, Collin County, Texas and being in a called 290.877 acre tract of land described in a Special Warranty Deed to MM Anna 325, LLC, recorded in Document Number 20190411000386110 of the Official Public Records of said county, and said 0.110 acre easement being more particularly described by metes and bounds as follows: BEGINNING at a point in the south line of a 50 foot wide permanent easement to Crosstex North Texas Pipeline, LP, NT-201/180, recorded in Document Number 20061108001699970 of said Official Public Records, for the northwest corner herein described; THENCE North 88"54'02" East, with said south line of Crosstex Easement, a distance of 105.93 feet to a point for corner; THENCE North 79"07'22" East, continuing with said south line of Crosstex Easement, a distance of 29.15 feet to the northeast corner herein described; THENCE South 58'12'D4" West, a distance of 156.75 feet to the southwest corner herein described; THENCE North 01'00'20" West, a distance of 75.08 feet POINT OF BEGINNING and containing 0.110 acres or 4,792 square feet of land. TEMPORARY WORKSPACE EASEMENT NO.3 All that certain 0.020 acre Temporary Workspace Easement in the John Ellet Survey, Abstract No. 296, Collin County, Texas and being in a called 290.877 acre tract of land described in a Special Warranty Deed to MM Anna 325, LLC, recorded in Document Number 20190421000386110 of the Official Public Records of said county, and said 0.020 acre easement being more particularly described by metes and bounds as follows: BEGINNING at the northeast comer of said 0.020 acre easement, from which a 1/2 inch iron rebar with a cap stamped "RPLS 6484" set bears North 58'12'04" East, a distance of 23.32 feet; THENCE South 01"00'20" West, a distance of 17.46 feet to the southeast corner herein described; THENCE South 58"12'04" West, a distance of 52.22 feet to the southwest corner herein described; THENCE North 62'29'00" East, a distance of 5.81 feet to a point for corner; THENCE North 01"00'20" East, a distance of 11.64 feet to the northwest corner herein described; THENCE North 58"12'04" East, a distance of 58.17 feet to the POINT OF BEGINNING and containing 0.020 acres or 858 square feet of land. Bearings and distances are based on the U.S. State Plane North American Datum of 1983 (NAD83), Texas North Central Zone (4202). STATE OF TEXAS COUNTY OF COLLIN 1 hereby certify that this survey substantially complies with the current Texas Society of Professional Surveyors Manual of Practice Requirements for a Category 113, Condition 3. TSPS Standard Land Survey and was conducted on the ground in December of 2021 and is true and correct to the best of my knowledge. r qc•.-.-......rF NOTE: .�Q-�,° s r e 9'': f Bearings, coordinates and distances are e •.9 y : a ;tP based on U.S. State Plane NAD 1983 ' j" bjj "—F. "" - Coordinates, Texas North Central Zone ANTHONY R. CROWLEY (4202). Original signed and stamped in green ink. V' i 6484 /) 9 •• °^ E s s ° �1� This survey was prepared without the February 18, �Q'`•• ljyLUsrj�La 2022 ••^'JfL benefit of a title commitment. There may be S R NTHO Y Cil R.P.LS40.6484 DATE U easements of record that are not shown. PROJECT: NT-201 - HURRICANE CREEK DESCRIPTION OF THREE TEMPORARY �— PROJECTAFE: 180.49297 WORKSPACE EASEMENTS IN THE JOHN CROWLEY TRACT NO.: ELLET SURVEY, ABSTRACT NO. 296, COLUN CROWLEY SURVEYING V,% PF SURVEYING LOCATION: COLLIN COUNTY, TX COUNTY, TEXAS. FRN:10046500 4251 FM 2181, #230.484 DRAWN BY: LJG REVISION: CDM, 02_70.2022, 02-17-2022 CORINTH, TX. 76210 (469) 850.CPLS(2757) �p•n PYl1[T 1/2" RED CIRF H. SMITH SURVEY ABSTRACT NO.622 JOHN ELLET SURVEY ABSTRACT NO.296 CALLED 290.877 ACRES MM ANNA 325, LLC DOC. NO 2019041 10GO3861 10 O.P.R.C.C.T. FUTURE VILLAGES OF 1RRICANE CREEK SUBDIVISION O m N 8 > 7 Poe r. EXHIBIT "A" CR 3)0 E S iE n z U y -1 DEED INSET-1"=4000' pg L2 3 34.57' IN88"54'02" E 7 -- - POB T1N51 0 WORKSPACE, J SURFACE SITE EASEMENT 13,732 SO. FT. 0.315 ACRES a E ee10a 2X O<F'~,�ISQPC� "DQ \ G3 RE ROW UNE OF ROSAMONO PKNH (12a w1DE1 LEGEND - POINT NOT SET OR FOUND =1/2• IRON ROD W/ CAP STAMPED -RPLS SAW SET - EXISTING NT-201 EASEMENT BOUNDARY — — — =EASEMENT LINE = SURFACE SITE STATE OF TEXAS ` TEMPORARY WORKSPACE(TWS) COUNTY OF COLLIN OP.R.C.C.T. - OFFICIAL PUBLIC RECORDS. COLLIN COUNTY, TEXAS I hereby certify that this survey substantially compi with the ZE current Texas Society of Professional Surveyors Manual of Practice Vr" •� 1 ---- 8 CROSSTEX NORTH TEXAS PIPEUNE, LP. Nr.2011180 +_GAS - 60 WIDE PERMANENT EASEMENT DOC. NO. 20061108(016MM O.P.R.C.C.T. 105.93' T T %.N 79`07'22" E 29.15' fs0/E2RES / TEMPORARY ?6 "'•3) 1 W IRF IN CR 368 N d S LOIETASE LHETABLE Llt✓E/ BPMIN6 018rOHCE IWE/ BEAWNG OISTfwCE L1 NOI'00201V ,nrl9 u Noraoa9w nsr L2 NH,`Vr6 1".W L19 sal•991OE ,TAr L) B iwO tear Ln ese'Raw Mu' N LN•I)Mw IE)dl' L12 )O1W?(w IT.W Ls 35e•,3Ww air w HWIMT 23M L/ wl-W M"- LI4 Sss'I2M'W 523 LT W/Y SEI' LIS NY•1704•E S9.,r LA SSe'1)Ww 19.13' CURVETABLE CMVEI MCUMGTM MGNG GELTAMGLE CMO BEMING CHORGIENGTH CI ZN'99'taw 1 1183' C3 2,EY jim.rrj C40i0' I ssrsiuw NEY C3 103 I 1M.rr I 1-14W' I sE-U11w I 402r Requirements for a Category 18, Condition 3, TSPS Standard Land y e. c� Survey and was conducted on the ground in December of 2021 and ....:..................... UP. is true and correct to the best of my knowledge. ANTHONY R. CROWLEY ............................... 6484 •:` a 0:' Original signed and stamped in green ink. 9 •'•. G A �� i, /y • .A E S 5' J G February 18, 2022 Z - .-j ANTHONYY C EY R.P.L.. NO.. 6484 DATE PROJECT: -201 - URRICANE CREEK PLAT SHOWING A 0.315 ACRE SURFACE PROJECT AFE: 180.49297 SITE EASEMENT, A VARIABLE WIDTH TRACT NO.: ACCESS EASEMENT, A SX20 PIPELINE LOCATION: COLLIN COUNTY, TX EASEMENT, & TEMPORARY WORKSPACE DRAWN BY: LJG SCALE: 1" = 50' REVISION: CDM, 02-10-2022, 02-18-2022 0 50 too NOTE: Bearings, coordinates and distances are based on U.S. State Plane NAD 1983 Coordinates, Texas North Central Zone (4202). This survey was prepared without the benefit of a title commitment. There may be easements of record that are not shown. CROWLEY CROWLEY SURVEYING '"r SURVEYING It FRN:10046500 4251 FM 2181, 84 �TMOS CORINTH, TX. 76210 76210 _� (469) 850-CPLS(2757) en"n,dnv/AlnuWnem,mn,rinn nn,n energy EXHIBIT A �6 �5 Anna P&Z November 7, 2022 Atmos Energy Measuring Station Site .FTMOS energy, Wall Height. 8 feet Walls to match Hurricane Creek's neighborhood = — - facade _ BY. NNri�•n YbNYL<wi{ ♦ I � 'yl/� - IlnMf Ip �� �4NIiiO � � Y1.. _ C6�Y Iwi An Footprint - 167' x 100' x 107' x 104' \ .4W • u \ �+an \ INYYM�Y/MY y w.c mwvYvne Site Proposed Anna measuring station site within Hurricane Creek subdivision TMOS energy. Site Example site: MITMOS energy® Similar measuring station located in the Willow Wood subdivision — Telephone Rd and Hwy 5, McKinney, TX Footprint: 121' x 102' Site Example site: ATMOS energy® Similar measuring station located in the Willow Wood subdivision — Telephone Rd and Hwy 5, McKinney, TX Footprint: 121' x 102' Sound Decibel readings at existing Willow Wood subdivision measuring station Current decibel level at proposed site in Anna: 45 AFTMOS energy, Decibel Sound Chart 20 Leaves rustling 30 Whisper 40 Quiet library 50 Moderate rainfall 60 Dishwashers, normal conversation 90 Lawnmowers, hair dryers, blenders 100 MP3 players at full volume Smell WTMOS energy, Odorizer , container d Odorizer injection There should be no odor during normal operation of equipment. Potential of some smell only during the filling of the odorizer. Filling of odorizer: First 6 years: - 1 time every 18 months By year 10: - twice a year RECEIVED 10/04/2022 DEVELOPMENT SERVICES In favor of request Comments: T�JY C zt% ey %D gl NDusE5 , -?74�R.E iFR MAAIY eTtt,EK �-OG4T�15 �f �e=U�laP/r�sNT 7NAr /IRS s/���2 By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. Name (Please Print) Sign re� y0- Address Date USPS Mail: _ City of Anna Planning and Development Department P.O. Box 776 Anna,TX 75409 Hand Delivery: Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna, TX 75409 Or by e-mail to LMECKE(@annatexas aov Subject: Zoning Response VH--A A --a SU? 10/03/2022 RECEIVED 10/04/2022 DEVELOPMENT SERVICES TF-iv>k rrry niz In favor of request Neutral to request Opposed to request S�oc'/,�G f)A�✓(rz<Yl�us G�I�'7vl�c�¢-C.S �� GGosC To ov,Q floi7�3 iS /� yfe977/ P�(S� /4J0 C,6167AT5 44 A) 77115 day signing "this letter, t declare I am the owner or authorized agent of the preperty:at the address written below. 'Signature 501:,>3 C-A0Ss1.) (,- DQ _ AJn/% 'j_X 7S21'01 Address Date USPS Mau. Cityof.Anna -- — ----Planningandi7eroelopmen2 Depsrlmerrt _ .___ ._ - - - P.O. Boa 776 _... Anna, TX 75409 Hand D#WeT. Ptanning,and DevelopmentDepartmerrt PubIQ'Wwks Bimift, 3223 N. Powell ParkvmV Anna,TX 75409 Or by e-mail to LMECI(ECo7annatexas aov oagecu Zoning Response- -�_I ']fit SC ICAVU22 RECEIVED 10/04/2022 DEVELOPMENT SERVICES THE = OF In favor of request Neutral to request <pposed to r rtkI MoI.(_--"gt5 Me%t',r� e� LA40 4E +�x, So 5 i a4-k o 7,�2 O u h Wc rMd �6 (L" ci,�i;-)6 '//7, By signing this letter, I declare I am the owner or authorized agent of the property at the addressorn�b�S written below. PJ iKSJle.e, Name (Please Print) 3DI to U 16,,, k�vl�a Address rDIgIZz Date 'Please return form to: USPS Mail: Ci of Anna -- --Planning and Development Department --- - P.O. Box 776 Anna, TX 75409 Hand Delivery. Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna, TX 75409 Or by e-mail to LMECKECpbannatexas gov Subject: Zoning Response "C_V A[ SUP 10/03/2022 RECEIVED 10/04/2022 DEVELOPMENT SERVICES THE CITY OF Rek[ tc : (flay 1`Ieaer. SfkYo� on ht- A4,1 S.Ac dF Conc «n.l t,�; 11 Skrasc- oP- fZf`c CAe...:.-IS tom* So C(OSE 'fa 0✓r /ie"544--) a.,.l All-- tam o' 4—It By signing this letter, I declare I am the owner or authorized agent of the property at tho address written below. billy I4Pgc1,,< Name lease Print)) Signature 3000 e^ a3s%45 Qr, Address ' / a /:I/ t Dale 311�111— USPS Malt: City of Anna Planning and bevelopment Department - P.O. Box 776 Anna, TX 75409 Hand Delivery: Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna,TX 75409 Or by e-mail to LMECKE0annatexas eov Subject: Zoning Response SNC•N ht-- a0 ,0/03/Z0Z: RECEIVED 10/04/2022 DEVELOPMENT SERVICES THE CITY OF�,r In favor of request Neutral to request Opposed to requ By signing this letter, I declare I am if owner or authorized anent of the property at the address Cam© 9 Date ! 0 G q/ a USPS Mail: City of Anna - _- Iaririing and Development Department P.O. Box 776 Anna,TX 75409 Hand Delivery. Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna, TX 75409 Or by e-mail to LMECKEO annatexas cov Subject: Zoning Response V4C-N AGQs SUP 10/03/2022 RECEIVED 10/04/2022 DEVELOPMENT SERVICES TRP C rf'V nP In favor of request Neutral to request Opposed to request FRV;�- LIVE - #,e- /� -TLL6 X42TH oj:�tq WAE1 U T PcAf, i 5 o - m FLu-y k 4,-r DF 7hL" xm P/i-e. i 7-D Dw toMM aDD No►► 11ji, Ml ,2c`� iR 114E�trf 7Z &E THE 7WE METeA1JJr- S-1;4T/o•U, - By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. if�K 4 6�e (Please Print) �'%t. Sioature 3d3S 4Rt?'+.J (�Ry A4JAg,Tle Address /D le 4- Date USPS Mail: City of Anna Planning and Development Department P.O. Box 776 Anna,TX 75409 Hand Delivery: Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna,TX 75409 Or by e-mail to LMECKEannatexas aov Subject: Zoning Response V-C-v Amos SUP 10113/2012 RECEIVED 10/04/2022 DEVELOPMENT SERVICES THE CITY OF In favor of request Neutral to request (, Opposed to request rr{-1�5 LoC/�7lorJ (S /.�,4r�e��7JP21/k� � /� GgUu� -7+A7 w/L-.. Cz. 3-rA1r-", TZ3x1c C!i--- /I<,4L4 tocz->3cr Orr- DEi c-�JS/✓E oD1)/__S ,¢Jib CyCL,,3(> X)o/Se J S772L+� L sic 7 l+/s LoC �1 r�aJ T<h4T 4S nr/r7N,J 7a ov/[. I+bm c-T, By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. � Nd,Wgs Lo�v(--ttiu Name IPlease Print i nature 363z CIzoSS Address / 03/31 ZO Z Z Date Please return form to: USPS Mail: City of Anna - - "Planning and Development Department P.O. Box 776 Anna,TX 75409 Hand Delivery: Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna,TX 75409 Or by e-mail to LMECKE(&annatexas.00v Subject: Zoning Response VHC-N Atmon SOP/0103/2022 RECEIVED 10/05/2022 DEVELOPMENT SERVICES THE My of In favor of request Neutral to request By signing this letter. I derlaru I � , #k- authorized agent of the properly at the address E7 Address Date of Anna Manning an3 Development Department P.O. Box 776 Anna, TX 75409 Nand Delivery: Planning and Development Department Public Works Building 3223 N, Powell Parkway Anna, TX 75409 Or by e-mail to 119EP! Etr annatexas oov Subject: Zoning Response VVC-N Arnica SUP 10/03!2022 EF RECEIVED 10/05/2022 DEVELOPMENT SERVICES THE CITY OF Purposed gas meter station is a potential risk to the adjacent neighborhood — Urban Crossings. This type of stations have threat of explosions, ordorless and colorless gas leaks including lead poisoning to th natural enviroment. Radan 222 Is a natural radioactive gas that is produce buy these kind of gas metered stations. This type of exposure to our families and children can have a lifetime of horrible health issues. And NO amount of OSHA safety guidelines can gaurantee our children health and safety. By signing this letter, I declare I am the owner or authorized agent of the property at the address written below, l n2 0 1'X0'& 4 Name Please Pt L� Signature 31 D�) CrZo,%Lh6 bg- "T-44 —1?e ?5j o� Address ifl�u / oa'a- Date City of Anna Planning and development Department P.O. Box 776 Anne, TX 75409 Hand Delivery: Planning and Dev ent Depart _ �bllcftor dingellParkway 409 Or by e-mail to LM�CKE(CPannatexas oov Subject: Zoning Response VW-N At.M SUP 10/03/2022 THE CITY OF In favor of request RECEIVED 10/05/2022 DEVELOPMENT SERVICES Neutral to request Opposed to request Purposed gas meter station is a potential risk to the adjacent neighborhood — Urban Crossings. This type of stations have threat of explosions, ordorless and colorless gas leaks including lead poisoning to th natural enviroment. Radan 222 Is a natural radioactive gas that is produce buy these kind of gas metered stations. This type of exposure to our families and children can have a lifetime of horrible health issues. And NO amount of OSHA safety guidelines can gaurantee our children health and safety. By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. • �'i✓�LlaOZtt� n ease Print) Signature _ Address Date' City of Anna "-""g" """ Planrinand """ development Department P.O. Box 776 Anna, TX 75409 Hand Delivery: Planning and Development Department Public Works Building 3223 N. Powell Parkway Anne, TX 75409 Or by e-mail to LMECKEftnnatexas.cov Subject: Zoning Response VIIC-N ltnnc SUP 00/00/2022 (�,, M,-a� o�J THE CITY OF Anna In favor of request Neutral to request 8y signing I declare I�ne written below. �ktkE-- A—P_CL_Tc_� Name (Please Print) Signature 3tl c- CJoss,w bQ Address I2) /3 / z2— Date USPS Mail: City of Anna Planning and Development Department P.O. Box 776 Anna, TX 75409 Hand Delivery: Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna, TX 75409 Or by e-mail to LMECKE(a)annatexas.gov Subject: Zoning Response VNC-N At s SUP 10/03/2022 to RECEIVED 10/10/2022 DEVELOPMENT SERVICES 1 _44i_t� authorized agent of the property at the address RECEIVED 10/12/2022 DEVELOPMENT SERVICES THE CITY OF 0 UY" t,t.on,ob . By signing this letter, I declare I am the owner or authorized agent of the property at the address written "below. (� Name (Ple§se Print) Signature r� (� 3fl A,� l cb v-l\ i.�7 a� \ MCC L' Address k O a �l - ?.o zZ Date USPS Mail: City of Anna tievelopmenf beparfinent -- -- _ — — P.O. Box 776 Anna,TX 75409 Hand Delivery. Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna, TX 75409 Or by e-mail to LMECKEAannatexas.gov Subject Zoning Response v9C-4 Atmos SOP 10/03/2022