HomeMy WebLinkAboutRes 2023-09-1553 Easement Release- Thomas Rattan Survey Abstract No. 782CITY OF ANNA, TEXAS
RESOLUTION NO. 209-3 - Oq - 1553
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE EASEMENT RELEASE DOCUMENTS FOR THE RELEASE
OF A DRAINAGE EASEMENTON AND ACROSS A CALLED 6.986 ACRE TRACT OF
LAND AS SHOWN IN EXHIBIT "A" ATTACHED HERETO; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, ANNA 7, LLC, is the owner of a called 6.986 acre tract of land, located in the
Thomas Rattan Survey, Abstract 782; and,
WHEREAS, a variable width drainage easement on and across the called 6.986 acre
tract of land was dedicated to the City of Anna by Instrument Number
20201007001736260 as recorded in the Official Records of Collin County, Texas; and,
WHEREAS, the variable width drainage easement contains no public drainage
infrastructure; and,
WHEREAS, the City has determined that the existing drainage easement is no longer
required to provide public storm drainage for the adjacent properties upstream of the
drainage easement; and,
WHEREAS, upon execution of the easement release documents the Developer shall file
the documents in Collin County for record in the Public Records; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Execution.
That the City Manager is hereby authorized to execute the easement abandonment
documents as shown in Exhibit "A" attached.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on thisz—A
day of September 2023.
ATTEST:
City Secretary, Carrie L. Smith
APPROVE .
i
4
Mayor, Nate Pike
Exhlbit''Xi
(p ,1" llo wing 0910
AFTER RECORDING RETURN TO:
ANNA 7, LLC
2705 CLUB LAKF- TPA ,
MCKmEY, TX 75072
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A 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
RELEASE OF EASEMENT
The CITY OF ANNA, a Texas Home Rule Municipal Corporation (the "at),"), does hereby release the
Drainage Easement (the "Easemenf') described in the Drainage Easement dated September 28, 2020, and recorded
under Instnunent No. 20201007001736260, Official Public Records, Collin County, Texas.
The purpose of the Drainage Easement was to allow upstream properties to drain and has been re-routed for
development purposes. The City hereby acknowledges that the release of the Drainage Easement is effectuated by the
dedication and construction of Standridge Boulevard, a public roadway in the City of Anna, Collin County, Texas.
The City, executes this Release of Easement in acknowledgment of the sufficiency of the Substituted Re -
Route, and thereby acknowledges and confirms the Drainage Easement obsolete and released.
For the purpose of clarity, the Abandoned Easement is more fully described on Exhibit "A' attached hereto
and incorporated herein by reference for all purposes.
[SIGNATURE PAGE TO FOLLOW]
Abandonment of Easement — Exhibit A Legal Description pg. 1
Grantor:
City of Anna. Texas
By:
Name:
Title: ' ■
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF COLM
• his instrument was acknowledged before me on the QVI-day of S 8 Rern'bef 2023,
by Ku CA.& Vija Ao r-Sa n q WaAAr of the City of Anna, a Texas Home
Rule Mbbicipal Corporation.
JEOVANNARUBIO Notary Public, State of Texas
"= Notary Public, State of Texas
Comm. Expires 10-03.2026
-o�.....
Notary ID 133995676
Abandonment of Easement — Exhibit A Legal Description pg- 2
20201007001736260 10/07/2020 02:26:04 PM EM 1/7
AFTER RECORDING RETURN TO:
TVQ%d,A1z, Texas
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT 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.
DRAINAGE EASEMENT
STATE OF M-o XAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
That CADG HURRICANE CREEK, LLC, a Texas limited liability company (collectively,
"Grantor) for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged
by Grantor in hand paid by THE CITY OF ANNA, TEXAS, a municipal corporation of the County
of Collin, State of Texas (`Grantee") does hereby GIVE, GRANT, and CONVEY unto Grantee a
non-exclusive drainage easement ("Easement') over, under, and across certain property owned by the
Grantor described in Exhibit "A" (the "Easement Property) and as further depicted on Exhibit "B"
for the purpose of construction, installation, placement, maintenance, repair, relocation, replacement,
alteration, enlargement, change in size, removal, inspection, and operation of improvements necessary
for drainage of storm water, including without limitation, open or closed ditches, channels and swales,
drainage pipe or pipes, drainage line or lines, and all related appurtenances ("Improvements").
The Grantee herein, its successors and assigns, shall have, and are hereby granted, the right of
ingress and egress over that portion of the servient estate as is reasonably necessary for the purpose
of accessing the Easement Property and installing the Improvements.
The grant of the Easement is made expressly subject to (t any and all other easements, rights
of way and restrictions of any kind affecting the Easement Property and (is) any encroachments,
protrusions, taxes for 2020 and subsequent years, and/or zoning, platting, or other governmental
requirements that affect the Easement Property; provided however, any and all consents from
lienholders will be obtained in writing to authorize and approve the granting of the Easement if
Grantee desires that such liens be subordinated to the Easement granted herein. It is further
understood and agreed that there may be other existing easement rights currently within the Easement
Property and Grantor will have the tight to grant other easement rights within the Easement Property
needed for the development of Grantor's property provided such additional easement use does not
interfere with the purpose of this grant at the reasonable discretion of Grantee. Grantor reserves the
right to use the surface of the Easement Property in any manner that does not unreasonably interfere
with the Grantee's rights and privileges granted by this document.
DRAINAGE EASEMENT PAGE 1
TO HAVE AND TO HOLD the Easement Property unto the Grantee for the purposes
herein set forth, Grantor hereby binds itself and Grantor's heirs, executors, administrators, successors
and assigns to warrant and forever defend the easement and rights granted herein unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or attempting to claim the
same or any part thereof.
EXECUTED AND EFFECTIVE this day of-soe�, 2020.
GRANTOR:
CADG Hurricane Creek, LLC,
a Texas limited liability company
By: CADG Holdings, LLC,
a Texas United liability company
Its Sole Managing Member
By: MMM Ventures, LLC,
a Texass-litnited liability company
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its Manager
By.
.t'
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the �� day of+AP 0`
2020, by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM tentures, LLC, as
Manager of CADG Holdings, LLC, as Sole Managing Member of CADG Hurricane Creek, LLC, a
Texas limited liability company on behalf of said company.
CAITUN PAGGE S"%40"S Notary Public, State of T as
`�o►Y Notary Pub021
lic• State of Texas
E"Pll �g.05.23
%: ice•::• � mnta021
ry 10 1311694
DRAINAGE EASEMENT PAGE 2
Description of a
Variable Width Drainage Easement
BEING a certain tract of land situated in T. Rattan Survey, Abstract Number 782, Collin County,
Texas and being a part of that tract of land described by deed to Don Collins and Ted K. Tedford
tract, recorded in Instrument Number 20020918000135049 of the County Records Collin
County, Texas and being more particularly described by metes and bounds as follows;
BEGINNING at a 1/2 inch iron rod marked "Geer 3258" at the eastern boundary of said Don
Collins and Ted K. Tedford tract;
THENCE with the east line of said Collins tract departing,
S 01 °25'38" E, 27.77 feet;
THENCE N 49043'04" W, 160.37 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 65.73 feet, through a central angle of
05*32' 18", having a radius of 680.00 feet and a long chord which bears N 48°40'53" E, 65.70
feet;
THENCE S 49043'04" E, 97.23 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 56.50 feet, through a central angle of
06°28'30", having a radius of 500.00 feet and a long chord which bears S 01°53'52" W, 56.47
feet to the Point of Beginning and containing 8,331 square feet or 0.191 acres of land, more or
less.
"Integrid parts of this document"
1. Description
2. Exhibit
Peloton Job No. CEN 13023
FRI June 05, 2020
J:11ob10EN 13023 Hufficane CreCMSUAEasemcntA1.gM,91CLN 13023 EA3I .DQCX Page 1 of 2
EXil�IBIT "B"
[AT I'ACHED]
DitA:[NAGE EASEMENT PAGE 4
CURVE TABLE
NO.
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD
C1
5'32'18"
680.00'
65.73'
N48'40'53"E
65.70'
C2
6'28'30"
1 500.00'
1 56.50'
S01'53'52"W
56.47'
0 25 50
6w-=6"
GRAMM SCALE Ri FEET
Ted K. Tedford Property Line
Don Collins ameron
& Steve ent No.
Instrum 0135049
0
200209180 0, T.
4.P.8.C.
Two, Ltd. 600
One An2007p2010001 5
Instrun''en
I t No*.R•c•C. T'
s�90
%9
°AF
\0.191 ACRES
8,331 SQUARE FEET 1
z
T. RATTAN SURVBY
ABSTRACT NO. 782
"Preliminary, this document shall not be
recorded for any purpose and shall not be
c used or viewed or relied upon as a final
survey document" 22 TAC 663.18C
.a Charles Stephen Ramsey, RPLS 6718
o Date: 6/4/2020
Basis of Bearing is the Texas Coordinate
System, North Central Zone 4202, NAD 83
X' "Integrol parts of this document"
r 1. Description
2. Exhibit
LEGEND:
s6 IRF—IRON ROD FOUND
PELOTON
'Plir LAND SOLUTIONS
U
POINT OF
BEGINNING
1 /2 IRF
"Gear 3258"
S01 75'38"E
27.77'
w
00 w
iMU')
L'
O
1 /2 IRF in
"LEER 3258"
FM 455
(a vatfable width Right —of —Way)
VARIABLE WIDTH DRAINAGE EASEMENT
T. RATTAN SURVEY, ABSTRACT NO. 782
CITY OF ANNA
COLLIN COUNTY, TEXAS
�,, , MLIX„M 4w15-emo JOB & CEN13023 JDRAWN BY: WOST ICHECKED BY: SRANISEY I DATE: 0410=19 1 PAGE * 2 OF 2
Filed and Rcrordcd
0mcial Public ltma, rdss.
StaceyKrinp, Cnunh MAC
C61.1in'Cou'iq. TEXAS
10107/1020 02:26:04 1161
sS0.00 DFOSTER
2OW697001736260
CITY OF ANNA, TEXAS
RESOLUTION NO. 24;L3 - OCI- 1553
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE EASEMENT RELEASE DOCUMENTS FOR THE RELEASE
OF A DRAINAGE EASEMENTON AND ACROSS A CALLED 6.986 ACRE TRACT OF
LAND AS SHOWN IN EXHIBIT "A" ATTACHED HERETO; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, ANNA 7, LLC, is the owner of a called 6.986 acre tract of land located in the
Thomas Rattan Survey, Abstract 782; and,
WHEREAS, a variable width drainage easement on and across the called 6.986 acre
tract of land was dedicated to the City of Anna by Instrument Number
20201007001736260 as recorded in the Official Records of Collin County, Texas; and,
WHEREAS, the variable width drainage easement contains no public drainage
infrastructure; and,
WHEREAS, the City has determined that the existing drainage easement is no longer
required to provide public storm drainage for the adjacent properties upstream of the
drainage easement; and,
WHEREAS, upon execution of the easement release documents the Developer shall file
the documents in Collin County for record in the Public Records; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Execution.
That the City Manager is hereby authorized to execute the easement abandonment
documents as shown in Exhibit "A" attached.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on thisa oc
day of September 2023.
ATTEST:
City Secretary, Carrie L. Smith
APPROVE .
i
i� �
Mayor. Nate Pike
i�llllllnlllldlll�e
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2023000138492
Recorded On: December 05, 2023 10:39 AM
Total Recording: $62.00
Real Property
RELEASE
Number of Pages: 11
" Examined and Charged as Follows: "
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
2023000138492
20231205000306
Recorded Date/Time: December 05, 2023 10:39 AM
User: Matthew M
Station: Station 10
Record and Return To:
ANNA 7 LLC
2705 CLUB LAKE TRL
MCKINNEY TX 75072
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX