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Home My WebLink AboutCDC Res 2024-05-4ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. ), 0 a'-{ — OS — y 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 0.208-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 0.208-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: Bruce N rwood, DC President ATTEST: �- 7&-di, Roci6 Gonz ez, C SecMary ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. a0 a.H - O S - 1 PAGE IOF1 'rF-A-r-Tj tio. e.k�-t 0-r- rrv\ r.,a— Exhibit 1 VZC� 1-AJ ' -1 -�6 S4-re9_A- ` mr%c.�_ , -i*c.. — -S L4 01 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. 71' Street 120 W. Th 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 0.208-acre tract of land conveyed to Anna Community Development Corporation, by deed recorded in Instrument Number 2023000129997, of the Official Public Records of Collin County, Texas. Permanent Water Line Easement: The Permanent Water Line Easement (the "Easement") is 0.0270 acres of property within Grantor's Property, said 0.0270 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 Ipl rwood, iLVPresident ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF COLLIN § 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. otary Public, StateTs 700=0 VANNA RU810ublic, State of TexasExpires 10.0&2028y ID 133995676 PERMANENT WATER LINE EASEMENT Page 2 of 2 Anna C'om►nunih' Derelopmen► C'urporau.an Parcel .-Vo 193 4'15:2024 0tv gjAnna - S11 5 U►ilift, Relvcalium Ph. 2 EXHIBIT "A" FIELD NOTE DESCRIPTION 15-FOOT PERMANENT WATER LINE 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 0.208 acre tract of land conveyed to Anna Community Development Corporation. by deed recorded in Instrument Number 2023000129997. 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 I /2 inch iron rod with cap stamped " GEER 4117" (Controlling Monument (CM)) found on the common northwest corner of said 0.208 acre Anna Community Development tract, and the southwest corner of called 1.983 acre tract of land conveyed to Anna Community Development Corporation. by deed recorded in Instrument Number 2023000129993, OPRCCT, and also being on the easterly right-of-way line of State High%%ay 5 (Powell Parkway)(variable width right-of=way), from which a 518 inch iron with pink TxDOT cap (CM) found on the common easterly right-of-way line of said State I lighway 5. and the %%esterly line of said 1.983 acre Anna Community Development tract. bears N 04°08'34"E, a distance of28.44 feet-. THENCE. S 89011'59" E. departing the castcrly right-of-way line ol'said State Highway 5, and being along the common northerly line of said 0.208 acre Anna Community Development tract. and northernmost southerly line of said 1.983 acre Anna Community Development tract, a distance of 15.03 feet to a point ror corner; THENCE, S 04008'34" W. departing the aforementioned common line, and king across said 0.208 acre a distance of 78.39 feet to a point for corner on the common southerly line of said 0.208 Anna Community Development tract, and the northerly line of called 0.66 acre tract of land conveyed to faizur Rahman, by deed recorded in instrument Number 2023000119864.OPRCCT, from which a 1/2 inch iron rod (CM) found on the southeasterly corner of said 0.208 acre Anna Community Development tract, bears S 89' 10' 16" E, a distance of 100.94 feet; THENCE, N 89°1034" W. along the common southerly line ofsaid 0.208 acre Anna Community Development tract, and the northerly line ol' said Rahman tract, a distance of 15.03 feet to a point for corner on the common southwestern• corner of said 0.208 acre Anna Community Development tract, and the northwesterly corner of said Rahman tract, and also being on the easterly right-of-way line of said State Highway 5; 11 Air, jN:ji:r.5lfIl• Hely-faux 1a. r..tPA..,1 rH..•r..21_11_0.Pucr v:::t Page 1 frj .? :Anna Communin• Development Corporation Parcel .Vo 193 4.75 2024 OtY of -Anna - .S115 Uliliry Relocations Ph. i EXHIBIT "A" rl IENCE. N 04008'34"E. along the common westerly line of said 0.208 acre Anna Conununih Development tract, and the easterly right-of-way line of said State l-iighway 5. a distance of 78.38 feet to the PUNT OF BEGINNING. said 15-foot wide Pcnnanent Water Line Easement containing 0.0270 acre (1.176 square feet) of land, more or less. Notes: 1. Bearings and Distances are based on the "Texas State Plane Coordinate System, NAD-83. 1'exas North Central Zone 4202. 2. Field surveys concluded on 041;10.12024. 3.A graphic exhibit of even date here%%ith accompanies this field note description. f ?t.jj.%'t% r.ra N._! i:o ill; It i.: R. '� • Pfux : Eiv:r..:a ?4*5' •rs _V:; � _r.?arcs i''= $— Chase Crawford. R.P.L.S. Texas Registration No. 6013 Birkhoff, Hendricks R Carter, L.L.P. TBPF:LS Finn No. 10031800 11910 Greenville Avenue. Suite 600 Dallas. 'I'cxas 75243 Phone 21.4-361-7900 Page 2 of 3 s/B" 1RF WITH M Tx= CAP (an NO4'OB'34"E - 1/Y WC STAMPED "M 4117' (CM) aarm /toms (1,1;v Sf:) LEGEND "I.R.F." IRON ROD FOUND 'I.R.F.C." IRON ROD FOUND W/CAP 'R.O.W." RIGHT OF WAY 'CM" CONTROWNG MONUMENT 3 I 1. BEARINGS AND DISTANCES CITED N THIS PUNT DESCRIPTION ARE BASED ON THE TEAS STATE PLANE COORDINATE SIBTEK NAD—W. TE)(AS NORM CENTRAL ZONE 4202. 2. FIELD SURVEYS CONCLUDED ON 04/10/2024. 3. A REL) NOTE DESCRIPTION OF EVEN DATE o HEREWITH ACCOMPANIES THIS EXHiBM DMOPMENT CORPOPATION CAM 1.9113 ACRES INST. NO. 20230001 nM O.P.R.C.C.T. "'11 S91' 15.03' kdANNA COMMUNITY DEVELOPMENT W CORPORATION TRACT 1 m CALLED 0.208 ACRES ' INST. NO. 2023000129997 m O.P.R.C.C.T. 0 fA S WIW18 E — 100.94' AI'B9"10'16v 15.03' HENRY BRANTLEY SURVEY ABSTRACT 71 ff (cm) .� N Q8'S3'02'w — 14334'_ ff (cm) FAIZUR RAHWW CALLED 0.56 ACRES WST. NO. 2023000119884 O.P.R.C.C.T. P R E L I M I N A R Y THtS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR REUED UPON AS A FINAL SURVEY DOCUMENT. CHASE CRAWFORD, R.P.L.S. TEXAS REGISTRATION NO. 6913 DATE: ADri) 2024 ANNA COMMUNRY DEVELMDIr CORPORATION TRACT 2 CALLED 0105 ACRES INST. NO. 2023=129997 O.P.R.C.C.T. EXHIBIT PAGE 3OF3 3 �cr I z� j 3 W m zg v \1/2' W (CM) 0 40 1 INCH = 40 FEET PARCEL NO. 193 CITY OF ANNA, TEXAS ANNA COMMUNITY DEVELOPMENT CORPORATION 19 PERMANENT WATER LINE EASEMENT BIRKHOFF, HENDRICKS & CARTER, L.L.P. April PROFFSSIONAL ENGINF:FRS P TB KS PI -' Fenn i26.Sine) Him IM11m) 2024 119106mcnviilc Avc.. Suite fbW !)ullar,'fcna� 752Ji (�1d13h1-791x1 ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. a Oay - OS- y 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 0.208-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 0.208-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: Bruce N rwood, DC President ATTEST: -- 71&d-4, Roci6 Gonz ez, C Sec ary ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. 902.H O S - 9 PAGE 1 OF 1 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2024000059344 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: 2024000059344 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