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Home My WebLink AboutCDC Res 2024-05-2ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. r A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORIZING EXECUTION AND DELIVERY OF A PERMANENT WATER LINE EASEMENT TO THE CITY OF ANNA OVER, UNDER, AND ACROSS A 0.427-ACRE TRACT OF LAND WHEREAS, the Anna Community Development Corporation (the "CDC") desires to grant to the City of Anna, Texas a permanent water line easement across a certain 0.427-acre tract of land owned by the CDC; and WHEREAS, the CDC Board of Directors (the "Board") has determined that granting the permanent water line easement will promote new or expanded business development; NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Execute Financing Agreement The CDC hereby authorizes the Board's President to execute, on the CDC's behalf, permanent water line easement along with any associated documents necessary to grant and effectuate said easement to the City of Anna, Texas as set forth in more detail in the attached EXHIBIT 1, incorporated herein for all purposes. Said authority to execute and deliver said permanent water line easement is subject to approval of the form of same by the CDC's legal counsel. PASSED AND APPROVED by the Anna Community Development Corporation this 9' day of May 2024. OW21-1 ilrL ll13 26W Bruce 2 orwoo , CDC President ATTFQT- ANNA ytNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. Q �"- QS7 - e)- PAGEIOFI roY Exhibit 1 5� 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. PERMANENT WATER LINE EASEMENT Date: Executed and effective on the date of the acknowledgment set out below. Grantor(s): Anna Community Development Corporation Grantee: City of Anna, Texas, a home -rule municipal corporation Grantor's Mailing Address: Grantee's Mailing Address: 120 W. Th Street 120 W. r Street Anna, Texas 75409 Anna, Texas 75409 Grantor's Property: The Grantor's Property is a tract of land located in the Henry Brantley Survey, Abstract 71, City of Anna, Collin County, Texas, being the same called 0.427-acre tract of land conveyed to Anna Community Development Corporation, by deed recorded in Instrument Number 2023000129994, of the Official Public Records of Collin County, Texas. Permanent Water Line Easement: The Permanent Water Line Easement (the "Easement") is 0.0607 acres of property within Grantor's Property, said 0.0607 acres being a strip of land approximately 15 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 water lines, 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 of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which 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 the above -referenced water line(s), together with all and singular the rights and appurtenances thereto in any way belonging or necessary to fulfill the Easement Purpose, (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 water lines and associated 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. Grantor recognizes that the general course of said lines and appurtenances to be constructed, or the metes and bounds as described herein, is based on preliminary survey(s) only, and Grantor hereby agrees that this Easement and its general dimensions hereby granted shall apply to the actual location of said lines and appurtenances. 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 heirs, 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. PERMANENT WATER LINE EASEMENT Page 1 of 2 GRANTOR: ANNA COMMUNITY DEVELOPMENT CORPORATION By: Bruce No ood, its "Is ident ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF COLLIN § 1 This instrument was acknowledged before me on the th day of May 2024, by BRUCE NORWOOD, in his capacity as President of the Anna Community Development Corporation, a Texas tybe b development corporation, who states under oath that he has the authority to execute this document on behalf of said corporation. ---Notary Public, State of Texas JEOVANNA RU610 _Notary Public. State of Texas Comm. Expires 10-03.2026 Notary ID 133995676 PERMANENT WATER LINE EASEMENT Page 2 of 2 J.-Ina Cummu►rin• Develupmem C'orpurafiun Parcel Vu 198 4 '15•'-'024 City of :Inca - SH 5 L" ilia. Relocations Ph. 2 EXHIBIT "A" FIELD VOTE DESCRIPTION 15-FOOT PERMANENT WATER LIFE EASEMENT CITY OF ANNA, TEXAS Being a 15-foot wide Permanent Water Line Easement, and being under. over and across a tract of land located in the Henry Brantley Survey. Abstract 71. City of Anna. Collin County, Texas, being the same called 0.427 acre tract of land conveyed to Anna Community Development Corporation, by deed recorded in Instrument Number 2023000129994, of the Official Public Records of Collin County. 'Texas (OPRCCT), said 15-foot wide Permanent %Nater Line Easement being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with cap stamped - NTS" (Controlling Monument (CM)) found on the common southwest corner of said 0.427 acre Anna Community Development tract, and the southernmost northwest corner of a called 1.983 acre tract of land conveyed to Anna Community Development Corporation, by deed recorded in Instrument Number 2023000129993.0PRCCT. and also being on the easterly right-of- way line of State I Iighway 5 (Powell Parkway)(yariable width right-of-way): TI-IENCE, N 03045'37" E. along the common westerly line of said 0.427 acre Anna Community Development tract, and the easterly right-of-way line of said State Highway 5, a distance of 164.66 feet to a 5l8 inch iron rod with pink TxDCYr cap (CM) found on a northwesterly corner of said 0.427 acre Anna Community Development tract, and also being on the southwest corner of a corner clip; r1 IENCE, N 35048'52" E, along the aforementioned common line, and along said corner clip, a distance of 25.98 feet to a 518 inch iron rod with cap stamped "Mrs- (CM) found on the common northwest corner of said 1427 acre Anna Community Development tract, and the northeast corner of said corner clip, and also being at :he intersection of the easterly right-of-way line of said State High%%ay 5, and the southerly right-of-way line of W. 7th Street (variable width right-of-way): TI IENCE. S 89" 17'43" E. departing the easterly right-of-wa_% line of said State Highway 5. and being along the :ommon northerly line of said 0.427 acre Anna Community Development tract. and the southerly right-of-way ine ofsaid W. 7th Street, a distance of 1.21 feet to a point forcorner, THENCE, S 03045'37" W, departing the common northerly line of said 0.427 acre Anna Community 3evelopment tract, and the southerly right-of-way line of said W. 7th Street, and being across said 0.427 acre Anna Community Development tract, a distance of 186.05 feet to a point for corner on the common southerly ine of said 0.427 acre Anna Community Development tract, and the southernmost northerly line of said 1.983 tore Anna Community Development tract, from which a Ill inch iron rod (CM) found on the southeast corner Asaid 0.427 acre Anna Community Development tract, bears S 88°52'33" E. a distance of 103.91 feet; P• --, Iva i l.r, el I! :-'r'l Krl; . - P!r.ru ?I Awrw,7 Mr., Dees o— : ;::1 y. Par,N 19M do 1'( gd. i rlf i Anna CommunitY Development Corporation Parcel .Ve) 198 •1,15- 20 4 City o!':lnna - SH S Uldiny Relocalions Ph. EXHIBIT "A" THENCE, N 88052'33" W, along the common southerly line of said 0.427 acre Anna Community Development tract. and the southernmost northerly line of said 1983 acre Anna Community Development tract. a distance cif l 5.02 feet to the POINT OF RFGINNING. said I -5-foot widc Permanent Water Line Easement containing 0.0607 acre (2.643 square feet) of land, more or less. Notes: I .Bearings and Distances arc based Chase Crawford. R.P.L.S. on the Texas State Plane Texas Registration No. 6913 Coordinate System. NAD-83. Texas North Central Zone 4202. RirkhofT, Hendricks & Carter, L.L.P. 2.Field surveys concluded on TBPFLS Finn No. 10031800 04.110`2)024. 11910 Greenville Avenue. Suite 600 3.A graphic exhibit of even date Dallas. "Texas 75243 herewith accompanies this field phone 214-361-7900 note description. A!: ` t. Ili Rcic., P'a+r Pact: 1''A dX r:lg : (Pt 3 51r IRFC STAMPED- ,rnr• M.ITS•IBWT — — 311 r• 1w wn PN( TxwT CAP � Y ANNA COMMUNITY PMENT R TION DEi/ELOCALLED J O OA27 ACRES 3 (C INST NO. 2023000129M O.P.R.C.C.T. In � ww N = Q mwff a Aaw I d+ to A"I sr) 'HIS' (CM) S6S32'37�E - s/a' aIP wml P4D( Iwoa a Tzw CAP 1 1502' $ I. AND OSTANCES CITED IN TM PUT OESCRIPrgN ARE BASED ON THE TEXAS STATE PLANE CODRDPIKIE SYSTEM. HAD-83. TEW n NORTH CENTRAL ZDNE 42M 2. FIELD StIAYM COMCLIVED ON 04/10/2D24. I A FIELD NDIE DESCRIPTION OF EVEN DATE HEREIM ACCOMPANIES TH S EXH9R. W. 7TH ST. EXHIBIT'W' W IN CORNER r w am(VARIABLE WIDTH R.O.W.) PAGE 3 OF s 3'41•S31X - a4o• — — \w N11L Fnu►o (CM) HENRY BRANW SURVEY ABSTRACT 71 0 ck: I �d � 3— AKIN OOWIUlIf11f CAM 11= ACRES aw.1 2023m001na; O.PJLC.C-T. I LEGEND "I.R.F." IRON ROD FOUND 0 40 "I.R.F.C." IRON ROD FOUND W/CAP IRF (CIQ "R.O.W." RIGHT OF WAY "CIA" CONTROLLING MONUMENT 1 D CH = 40 FEET PARCEL NO. 198 CITY OF ANNA TEXAS P R E L I M I N A R Y THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL ANNA COMMUNITY DEVELOPMENT CORPORATION NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. If PERMANENT WATER IN EASEMENT CHASE CRAWFORD. R.P.L.S. BMKHOFF, HENDP= & CARTER, L.L.P. Aril p TEXAS REGISTRATION NO. 6913 PROIFES%IONAL FVCjl\F;F:RS DATE April 2024 1 UPELS M Fum 52a. Surv¢> Vim Iw;iRtxi "rrvs 2024 11910 Ummvilk Arc. Suite bW [1ai1 n. 753J3 1'_IS'� 3dl•79tM3 Page 3 of 3 ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. 3'09LI — 05 — a A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORIZING EXECUTION AND DELIVERY OF A PERMANENT WATER LINE EASEMENT TO THE CITY OF ANNA OVER, UNDER, AND ACROSS A 0.427-ACRE TRACT OF LAND WHEREAS, the Anna Community Development Corporation (the "CDC") desires to grant to the City of Anna, Texas a permanent water line easement across a certain 0.427-acre tract of land owned by the CDC; and WHEREAS, the CDC Board of Directors (the `Board") has determined that granting the permanent water line easement will promote new or expanded business development; NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Execute Financing Agreement The CDC hereby authorizes the Board's President to execute, on the CDC's behalf, permanent water line easement along with any associated documents necessary to grant and effectuate said easement to the City of Anna, Texas as set forth in more detail in the attached EXHIBIT 11 incorporated herein for all purposes. Said authority to execute and deliver said permanent water line easement is subject to approval of the form of same by the CDC's legal counsel. PASSED AND APPROVED by the Anna Community Development Corporation this 9a' day of May 2024. ATTRCT- Bruce 2 orwoo , CDC President ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. 0,;�LA " OS _ a— PAGEIOFI Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2024000059342 Real Property EASEMENT Recorded On: May 17, 2024 10:45 AM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $45.00 ******"**** 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: 2024000059342 Receipt Number: 20240517000352 Recorded Date/Time: User: Station: May 17, 2024 10:45 AM Kacy M 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 i