Loading...
HomeMy WebLinkAboutRes 2023-09-1554 Right-of-Way Dedication & Donation- Thomas Rattan Survey Abstract No. 782CITY OF ANNA, TEXAS RESOLUTION NO. 2023- 09- 1 554 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS FOR THE DONATION AND DEDICATION OF REAL PROPERTY FOR USE AS PUBLIC RIGHT-OF-WAY BY ANNA 7, LLC TO THE CITY OF ANNA, TEXAS, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna 7, LLC, is the owner of real property known as a called 6.986 acre tract of land located in the Thomas Rattan Survey, Abstract 782; and, WHEREAS, Anna 7, LLC, is seeking to donate and dedicate 3.345 acres out of the called 6.986 acre tract of land, said called 6.986 acre tract of land being a portion of the remainder from a called 114.252 acre tract of land described in the deed to Anna 7, LLC, recorded in instrument Number 20210927001967610 of the Official Public Records of Collin County, Texas; and, WHEREAS, the City has determined that it is in the public interest to accept the donation and dedication of the 3.345 acre tract of land as public right-of-way; and, WHEREAS, upon execution of the attached property acquisition documents, Anna 7, LLC, 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 Payment and Funding. That the City Manager is hereby authorized to execute the property acquisition documents as shown in Exhibit "A" attached. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this tk day of September 2023. —� ATTEST: ,6�4 � City Secretary, Carrie L. Smith APPROV Mayor, Nate Pike EXhibit"A7 (see fQllow'ing.pqg0) After Recording Return to: City of Anna 120 W 71^ St, Anna, Tx 75409 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. Special Warranty Deed for Right of Way Date: September 1 S , 2023 Grantor: ANNA 7, LLC a Texas limited liability company Grantor's Mailing Address: 2705 Clublake Trail, McKinney, TX 75072 Grantee: City of Anna, Texas, a home -rule municipality Grantee's Mailing Address: P.O. Box 776, Anna, TX 75409-0776 Consideration: $10.00 and other good and valuable consideration in hand received and adequacy of which is acknowledged Property (including any improvements): The real property described on Exhibit A, attached hereto and incorporated herein by reference Grantor, for the Consideration state above, grants, sells, dedicates and conveys to Grantee the Property in fee simple, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. SPECIAL WARRANTY DEED PAGE 1 GRANTOR: ANNA 7, LLC a Texas limited liability company 0 STATE OF TEXAS Manager COUNTY OF COLLIN ' \ This instrument was acknowledged before me on September I � , 2023, by d'W �~ r\!, l) l of b�� -� , L"L ' TIM McWILUAMS o, ;�� Notary Public SEAL a, STATE OFTEXA �,D9281 �Yp95 SPECIAL WARRANTY DEED Texas cofpmatie , on behalf of said Notary Public, State of My commission expires: PAGE 2 [EXHIBIT "A" DESCRIPTION OF 3.345 ACRES BEING a tract of land located in the Thomas Rattan Survey, Abstract No. 782, City of Anna, Collin County, Texas, being a portion of the remainder from a called 114.252 acre tract of land described in the deed to Anna 7, LLC, recorded in Instrument No. 20210927001967610 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with cap stamped "Peloton" found for an interior corner of Lot 1 X, Block A of The Villages of Hurricane Creek, Phase I, an addition to the City of Anna as shown on the plat recorded in Volume 2020, Page 686 of the Plat Records of Collin County, Texas (P.R.C.C.T.), in the southerly west line of said 114.252 acre tract; THENCE North 890 21' 12" East, across said 114.252 acre tract, along the easterly south line of said Lot 1 X and the south line of a called 0.350 acre tract described in the deed to the City of Anna recorded in Instrument No. 20180724000917610 O.P.R.C.C.T., a distance of 551.95 feet to an X-cut in concrete set for the southeast comer of said 0.350 acre tract, in a southeast line of said 114.252 acre tract and a northwest line of a called 4.6432 acre tract described in the deed to the City of Anna recorded in Instrument No. 20180525000644610 O.P.R.C.C.T., at the beginning of a non -tangent curve to the left; THENCE along southeast lines of said 114.252 acre tract and northwest lines of said 4.6432 acre tract, the following courses and distances: With said curve to the left, an arc distance of 38.79 feet, through a central angle of 030 10' 29", having a radius of 700.00 feet, and a long chord which bears South 56° 39' 00" West, 38.78 feet to an X-cut in concrete set; South 580 13' 12" West, a distance of 129.24 feet to an X-cut in concrete set at the beginning of a non -tangent curve to the left; With said curve to the left, an arc distance of 48.44 feet, through a central angle of 050 33' 03", having a radius of 500.00 feet, and a long chord which bears South 190 54' 14" West, 48.42 feet to a 5/8" iron rod with cap stamped "Peloton" set for the southwest comer of said 4.6432 acre tract and the southerly northwest corner of One Anna Two Addition, an addition to the City of Anna as shown on the plat recorded in Volume 2022, Page 742 P.R.C.C.T.; THENCE across said 114.252 acre tract, the following courses and distances: South 60° 29' 22" West, a distance of 14.93 feet to an X-cut in concrete set at the beginning of a non -tangent curve to the left; V11ith said curve to the left, an arc distance of 311.06 feet, through a central angle of 260 36' 02", having a radius of 670.00 feet, and a long chord which bears South 46° 43' 39" West, 308.27 feet, to a 5/8" iron rod with cap stamped "Peloton" set; South 12° 23' 29" West, a distance•of 29.46 feet to a 5/8" iron rod with cap stamped "Peloton" set at the beginning of a non -tangent curve to the left; Peloton Job No. CEN13023 1/10/2023 COLLIN COUNTY revised 3/24/2023 G:\JOB\CEN13023_HURRICANE CREEK_FRISCO\SUR\EXHIBITS\LEGALS\EXHIBIT 12.DOCX Page 1 of 4 With said curve to the left, an arc distance of 374.51 feet, through a central angle of 320 30' 43", having a radius of 660.00 feet, and a long chord which bears South 140 47' 02" West, 369.51 feet, to a 5/8" iron rod with cap stamped "Peloton" set; South 01 ° 21' 25" East, a distance of 53.23 feet to a 5/8" iron rod with cap stamped "Peloton" set in the northerly right-of-way line of F.M. 455 and the westerly north line of a called 0.313 acre tract described in the deed to the City of Anna recorded in Instrument No. 20170726000981440 O.P.R.C.C.T.; THENCE South 89° 53' 56" West, along the northerly right-of-way line of F.M. 455 and the westerly north line of said 0.313 acre tract, continuing across said 114.252 acre tract, a distance of 39.59 feet to an X-cut in concrete set for the northwest corner of said 0.313 acre tract, the northeast corner of a called 0.111 acre tract described in the deed to the City of Anna recorded in Instrument No. 20170329000401440 O.P.R.C.C.T., and the southeast corner of a called 1.064 acre tract described in the deed to the City of Anna recorded in Instrument No. 20180621000770110 O.P.R.C.C.T. in the southerly west line of said 114.252 acre tract; THENCE North 010 07' 51" West, along the east line of said 1.064 acre tract, the southerly east line of called 302.803 acre Tract No. 1 described in the deed to WBK Partners, Ltd. recorded in Volume 4292, Page 27 O.P.R.C.C.T., and the southerly west line of said 114.252 acre tract, a distance of 602.19 feet to a 5/8" iron rod with cap stamped "Peloton" found for the westerly southeast comer of said Lot 1X; THENCE North 01' 31' 10" West, continuing along the southerly east line of said 302.803 acre tract, the southerly west line of said 114.252 acre tract, and the westerly east line of said Lot 1X, a distance of 184.67 feet to the POINT OF BEGINNING and containing 3.345 acres or 145,725 square feet of land, more or less. Basis of Bearing is the Texas Coordinate System, North Central Zone 4202, NAD 83. BRADY ALAN BECKER 6529 , Integral Parts of This Document 1. Description — 2 pages 2. Exhibit — 2 pages �"3/zi juz3 Br dy Alan Becker Registered Professional Land Surveyor No. 6529 Peloton Land Solutions 11000 Frisco Street, Suite 400 Frisco, Texas 75033 Ph.469-213-1800 Peloton Job No. CEN13023 1/10/2023 COLLIN COUNTY revised 3/24/2023 G:UOB\CEN13023_HURRICANE CREEK_FRISCOtSUR1EXHISITSILEGALSVEXHIBIT 12.DOCX Page 2 of 4 z 5 0 0 rn 7 THE VILLAGES OF 3 HURRICANE CREEK, c PHASE I to VOLUME 2020, 4 PAGE 686 "� oo P.R.C.C.T. z LOT 1 X, BLOCK A \ HOA (OPEN SPACE) 6 G) \' 5-"z N\�� LOT 1 X. BLOCK A HOA (OPEN SPACE) N89'21'12"E 551.95' POINT OF BEGINNING 518" IRF "PELOTON" CALLED 0.350 ACRES CITY OF ANNA INSTRUMENT NO. 20180724000917610 O.P.R.C.C.T. 3.345 ACRES 145,725 SQUARE FEET 518" IRF "PEL 0TON" 2 In J 0•-aa a ntnaV OD njm c j N 0 V) lL Q�Nz c0 3 f- QQMrQ"� n. a w O x LAJ wyM O 4 U Q v O O z CALLED 1.064 ACRES CITY OF ANNA INSTRUMENT NO. 20180621000770110 O.P.R.C.C.T. vEy FMAN 5j97 joH C AST NO- A CALLED 0.111 ACRES CITY OF ANNA INSTRUMENT NO. XS 20170329000401440 O.P.R.C.C.T. N 4 0 BASIS OF BEARING IS THE TEXAS c COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD 83 0 a o INTEGRAL PARTS OF THIS DOCUMENT 1. DESCRIPTION — 2 PAGES P 2. EXHIBIT — 2 PAGES I� PELOTON LAND SOLUTIONS 11000 FRISCO ST. SUITE 400 lJOB#: CEN 13023 FRISCO. TX 75033 469-213-1800 /rb G IRS ( REMAINDER FROM I CALLED 114.252 ACRES ANNA 7, LLC INSTRUMENT NO. 20210927001967610 O.P.R.C.C.T. f BEY S 8A r.�AN0. 82 TH�ABSTOcT N IRS SEE PAGE 4 OF 4 FOR UNE AND CURVE TABLES -L5 CALLED 0.313 ACRES, CITY OF ANNA INSTRUMENT NO. 20170726000981440 O.P.R.C.C.T. F.M. 455 (VARIABLE WIDTH R.O. W.) 3.345 ACRES T. RATTAN SURVEY, ABSTRACT NO. 782 CITY OF ANNA COLLIN COUNTY, TEXAS (DRAWN BY: BB 1 CHECKED BY: PLS 1 2 YQ 6 0 ID XS 1 XS / G �1 trzWZp0H zGcj aa1.-"40,ci Wolr Ito co UInttn -Go w .- J O a N U ONE ANNA TWO ADDITION VOLUME 2022, PAGE 742 P.R.C.C.T. CALLED 0.555 ACRES CITY OF ANNA INSTRUMENT NO. 20170328000391340 O.P.R.C.C.T. LEGEND: IRS=5/8" IRON ROD WITH CAP STAMPED "PELOTON" SET XS=X—CUT IN CONCRETE SET IRF=IRON ROD FOUND P.R.C.C.T.=PLAT RECORDS OF COLLIN COUNTY TEXAS O.P.R.C.C.T.=OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. EASEMENTS AND OTHER ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN. 1 DATE: 1/10/2023 1 PAGE #: 3 OF 4 LINE TABLE NO. BEARING LENGTH L1 S58'13'12"W 129.24' L2 S60'29'22"W 14.93' L3 S12'23'29"W 29.46' L4 S01'21'25"E 53.23' L5 S89'53'56"W 39.59' BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD 83 INTEGRAL PARTS OF THIS DOCUMENT 1. DESCRIPTION — 2 PAGES 2. EXHIBIT — 2 PAGES CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD Cl 3'10'29" 700.00' 38.79' S56'39'00"W 38.78' C2 5'33'03" 500.00' 48.44' S19'54'14"W 48.42' C3 26'36'02" 670.00' 311.06' S46'43'39"W 308.27' C4 32'30'43" 660.00' 374.51' S14'47'02"W 369.51' REVISED: 3/24/2023 E E LOTO N " LAND SOLUTIONS BRADY ALAN BECKER s :_ „ 6529 r, 3 BRADY ACAN BECKER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6529 PELOTON LAND SOLUTIONS 11000 FRISCO STREET, SUITE 400 FRISCO, TEXAS 75033 PH, 469-213-1800 3.345 ACRES T. RATTAN SURVEY, ABSTRACT NO. 782 CITY OF ANNA COLLIN COUNTY. TEXAS JOB#: GEN13023 BY: BB 1 CHECKED BY: PLS I DATE: V 1012023 I PAGE M 4 OF 4 CITY OF ANNA, TEXAS RESOLUTION NO. 20) 3 - 09 - i 554 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS FOR THE DONATION AND DEDICATION OF REAL PROPERTY FOR USE AS PUBLIC RIGHT-OF-WAY BY ANNA 7, LLC TO THE CITY OF ANNA, TEXAS, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna 7, LLC, is the owner of real property known as a called 6.986 acre tract of land located in the Thomas Rattan Survey, Abstract 782; and, WHEREAS, Anna 7, LLC, is seeking to donate and dedicate 3.345 acres out of the called 6.986 acre tract of land, said called 6.986 acre tract of land being a portion of the remainder from a called 114.252 acre tract of land described in the deed to Anna 7, LLC, recorded in instrument Number 20210927001967610 of the Official Public Records of Collin County, Texas; and, WHEREAS, the City has determined that it is in the public interest to accept the donation and dedication of the 3.345 acre tract of land as public right-of-way; and, WHEREAS, upon execution of the attached property acquisition documents, Anna 7, LLC, 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 Payment and Funding. That the City Manager is hereby authorized to execute the property acquisition documents as shown in Exhibit "A" attached. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this�'�l day of September 2023. ^� ATTEST: City Secretary, Carrie L. Smith l v Mayor, Nate Pike Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000138493 Real Property DEED Recorded On: December 05, 2023 10:39 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $50.00 ******"**** THIS PAGE IS PART OF THE INSTRUMENT a d"& **'"* 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: 2023000138493 20231205000306 Recorded Date/Time: December 05, 2023 10:39 AM User: Matthew M Station: Station 10 Record and Return To: CITY OF ANNA 120 W 7TH ST ANNA TX 75409 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