HomeMy WebLinkAboutCDC Res 2024-05-3ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO. aO o2y — OS —
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 1.983-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 1.983-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 b day of
May 2024.
9192�
„!,/
Bru a Norwood, CDC President
ATTEST:
Rocio bonzalezSecretal,
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO. 9,6 ;L "1 057—
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Exhibit 1 Ar 1 nc-t TX -7 95L40
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
Grantor's Mailing Address:
120 W. Th Street
Anna, Texas 75409
corporation
Grantee's Mailing Address:
120 W. 71' Street
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 1.983 acre tract of land conveyed to Anna Community Development Corporation, by
deed recorded in Instrument Number 2023000129993, of the Official Public Records of Collin County, Texas.
Permanent Water Line Easement: The Permanent Water Line Easement (the "Easement") is 0.0692 acres of property within
Grantor's Property, said 0.0692 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 Pagel of 2
GRANTOR: ANNA COMMUNITY DEVELOPMENT CORPORATION
By:
Bruce rwood, i President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the 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. A
\Notary Public, State of Texas
```pruuq
`aoJEOVANNA RUB1O
z; fiS Notary Public, State of Texas
Comm. Ex Aires 111-03-2026
Notary ID 133995676
PERMANENT WATER LINE EASEMENT Page 2 of 2
.4nna C'o» nnunin- Development Corporation Parcel ,-Vo 194
l•'15.70' ! Q1, of . I nna - SH .i CitilitY Relocations Ph. 3
EXHIBIT "AI'
FIELD NOTE DESCRIPTION
15-FOOT PERMANENT WATER LINE: EASEMENT
CITY OF ANNA, TEXAS
Being a 15-foot wide Permanent Water Line Easement, and heing under, over and across a tract of land located
in the Henry Brantley Survey. Abstract 7 t, City of Anna, Collin County, Texas, being the same called 1983
acre tract of land conveyed to Anna Community Development Corporation, by deed recorded in Instrument
Number 2023000129993, of the Official Public Records of Collin County, Texas (OPRCCT), said 15-foot
wide Permanent Water Line Easement being more particularly described as follows:
BEGINNING at a 5'8 inch iron rod with cap stamped "N"I'S" (Controlling Monument (CM)) found on the
southernmost northwest corner of said L983 acre Anna Community Development tract, and the southwest
corner of a called 0.427 acre tract of land conveyed to Anna Community Development Corporation, by deed
recorded in Instrument Number 2023000129994.0PRCCT, and also being on the easterly right-of-way line of
State Highway 5 (Powell Parkway)(variable width right-of-way):
THENCE, S 88052'33" I:, departing the easterly right-of-way line of said State I Iighway 5, and being along the
common southernmost northerly line of said 1.983 acre Anna Community Development tract, and the
southerly line of said 0.427 acre Anna Community Development tract. a distance of 15.02 feet to a point for
corner from which a 1/2 inch iron rod (CM) found on the common inner ell corner of said 1.983 acre Anna
Community Development tract, and the southeast corner of* said 0.427 acre Anna Community Development
tract, bears S 88052'33" E, a distance of 103.91 feet;
T1IENCE, departing the common southernmost northerly line of said 1.983 acre Anna Community
Development tract, and the southerly line of said 0.427 acre Anna Community Development tract, and being
across said 1.983 acre Anna Community Development tract the following four (4) bearings and distances:
I ) S 03°45'37W, a distance of 11.32 feet to a point for corner:
2) S 05°03'55"E, a distance of G7.1 I feet to a point for corner;
3) S 00°34'59" W. a distance of 94.38 leet to a point for corner:
4) S 04°08'34"W, a distance of 28.04 feet to a point for corner on the common northernmost southerly
line of said 1983 acre Anna Community Development tract and the north line of a called 0.208 acre
tract ("Tract 1) of land conveyed to Anna Community Development Corporation, by deed recorded in
Instrument Num her 2023000129997, OPRCCT.
THENCE, h 89°1 1'59" W, along the aforementioned common line, a distance of 15.03 feet to a 112 inch iron
rod with cap stamped "G1:ER 4117" (CM) found on the common southwest corner of said 1.983 acre Anna
Community Development tract and the northwest corner of said 0.208 acre Anna Community Development
tract, and also being on the easterly right-of-way line ot'said State Highway 5;
THENCE, along the common westerly line of said 1.983 acre Anna Community Development tract, and the
easterly right-of-way, line of said State I lighway 5, the following tour (4) bearings and distances:
1) N 04°08'34" E, a distance of 28.45 feet to a 518 inch iron rod a ith pink TxDOT cap round (CM);
2) N 00°34'59" i:, a distance of 93.17 feet to a 518 inch iron rod with pink 'I :xDO"T cap found (CM);
%II * t:I,: ReWs ph-r 2 Lxwrarn PIA., I.n ?u:ei PiJge ! uJ 3
-guru Conunwitty Development C'orpwrutim) Purcel.Vo 194
a: 1 j,-2024 City oj': (Iota - SH j C'tilin, relocations Ph. 2
EXHIBIT "A"
3) N 05°03'55'W. a distance of 67.33 feet to a 5i8 inch iron rod with pink 'I'xl)07' cap found (CM).-
4) N 03°4j'37" E. a distance of 11.79 feet to the POINT OF BEGINNING. said 15-foot wide Permanent
Water Line Casement containing 0.0692 acre (3,014 square feet) of land, more or less.
Notes:
1. Bearings and Distances are based
on the Texas State Plane
Coordinate System. NAD-83.
Texas North Central Zone 4202.
2. Field survey, concluded on
04 1012024.
3.A graphic exhibit of even date
herewith accompanies this field
note description.
Chase C'rawtord. R.P.L.S.
Texas Registration No. 6913
Birkhoff. I lendricks &. Caner. L.L.P.
TBPELS Firm No. 10031800
11910 Greenville Avenue. Suite 600
Dallas, Texas 75243
Phone 214-361-7900
11 PRa .-,tfi tu.:;:3 :11!i } t.:.l Rc— . ?-11 : L—vv-a t A', Page 2 f" 3
A" COMMM
pE1tT CORPORATION EXHIBIT "A"
PAGE 3 OF 3
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LEGEND
'SEkR 4117 ( ANNA C01[W _ N B8'S3b2'11 - 147 34' _ 'I.R.F.V PON ROD FOUND w/GP
A '11 ".F9w oEVEEaPU7PA CQRPORAPORTtON ANNA COWILO nY DEVELOPMENT CORPORATION 'R.o w.• Wff OF WAY
CALLED Ome ACRES20230001"M CALLED 0�.205 ACRES
'CY' OONTROLEU�C IgNUMiNT
OPRCC.T. �O T�� PARCEL NO. 194
I
PRELIMINARY CITY OFANNA, TEXAS
TH5 DOCUMENT SHALL NOT BE
ANo w n PEAT RECORDED FOR ANY PURPOSE AND SHALL ANNA COMMUNITY DEVELOPMENT CORPORATION
• PLANE "01ooOROWA79 � TETHE TEXAS M S UTE NPON�AS�NALL OR � �U�. 1SRERYA ID(TWATERUREASEMW
,u NORM CENIM ZONE 42D2.
2 FIELD stravt�rs CONCLUDED ON a/lo/2024. CHASE CRAWFORD. R.P.LS. BIIMHOFF, HENDRICKS & CARTER, L.L.P. April
TEXAS REGISTRATION NO. 6913 1'KUFI:SSK)\A1, t ►:�l�til 12S
3. A FlEID NOTE OESCRWTION Of EVEN DATE DATE: April2024 1ItF 1I.S um 52h. Suth1' Tum I(iu31Ba) 2024
HUMM ACCOMPANIES THIS EKKaff. I l y 10 Carenvdlc Mr. Sune 6QV DaRm. Tc%.0 75243 (211i 361.7aW
Page 3 of 3
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.'.O o2y — Q5 —
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 1.983-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 1.983-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.
APPROVED:
V�
s
Bruae No ood, CDC President
ATTEST:
Rocio bonzalez n
Secretal
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO. a b ZA 05-
PAGE: I OF I
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2024000059343
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:
Receipt Number:
2024000059343
20240517000352
Recorded Date/Time: May 17, 2024 10:45 AM
User:
Station:
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