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HomeMy WebLinkAboutRes 2024-05-1624 Easement Abandonment for the Temporary Turnaround Easement at Lakeshore Dr The Villages of Hurricane Creek Phase 1CITY OF ANNA, TEXAS RESOLUTION NO. 20;4 —05— I(024 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE EASEMENT ABANDONMENT DOCUMENTS FOR THE ABANDONMENT OF THE TURNAROUND EASEMENT FOR LAKESHORE DRIVE IN VILLAGES OF HURRICANE CREEK PHASE 1. EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer of Lakeshore Drive in The Villages of Hurricane Creek Phase 1, dedicated a turnaround easement to the City of Anna for temporary purposes as other phases of the project were developed; and, WHEREAS, the Developer has now constructed the necessary infrastructure in Phase 1 B of Lakeshore Drive and the turnaround easement to be abandoned; and, WHEREAS, the City has determined that the existing turnaround easements is no longer required to provide public access; and, WHEREAS, upon execution of the easement abandonment 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 Payment and Funding. 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 this 219 day of May 2024. ATTEST: * * * APPROVED: THE a"OF * /' * Anna City Secretary, Carrie Land TEXAS *Mayor, Pete Cain 'f , 1911 Exhibit "A" 20201007001736170 10/07/2020 02:20:30 PNI Eli 1/7 AFTER RECORDING RETURN TO: 'nic is oflnrha, T xas 35 2.34 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INF RMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN PERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: Y R CIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TURNAROUND EASEMENT STATE OF TE 7iAS V V K.NL OW ALL MEN BY P COUNTY OF C:OLLIN '[that CADG HURRICANE CREEK, LL Texas tcd lia c any (collectively, "Grantor'} for and in consideration of the sum I A O/1 LLARS ($10.00) and other good and valuable consideration the recei 1 n • o e hereby acknowledged by Grantor in hand paid by THE CITY OF m corporation of the County of Collui, State of 'Texas ("Grantee") doe a GI E, , and CONVEY unto Grantee a non-exclusive turnaround casement {" sc v • nd o certain property owned by the Grantor described in Exhibit "A" (the " eme Pr "I an as further depicted on Exhibit "B" for the purpose of temporary vehicular to un 1-he grant of the Eascrncn c c. esWe ect to (i) any and all other casements, rights of way and restrictions of any d ffec ament Property and (it) any encroachments, protrusions, taxes for 2020 and ub. •quent c. , and/or zoning, platting;, or other governmental requirements that affect s net . p ty; provided however, any and all consents from lienholders will be obt. the 'n t thorize and approvc the granting of the Easement if Grantee des' •s th lie be •ubordinated to the Easement granted herein. It is further undcrstcx, an rc tha here •tv other existing casement rights currently within the Easement Ptoperty anc 'ra r «i ha the right to grant other casement tights within the Easement Property ncc d for the •cl m o 'rantor's property pro-.idcd such additional casement use does not u rfc with the e o s grant at the reasonable discretion of Grantec. Grantor reserves the riNt:,Gna tlhe surfa e o the Easement Property in any manner that does not unreasonably interfere With ee's gh and privileges granted by this document. TO 7446VWF-AND TO FiOI.D 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 casement 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. (SIGNATURES APPEAR ON FOLLOWING PAGE] TURNAROUND EASEMENT PAGE 1 EXECUTED AND EFFECTIVE: this -_ day of�v�11 2U2U. GRANTOR: CADG Hurricane C:rcek, ii.G, a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company Its Solc Nfanagmg Member By: NIMM Ventures, L.LC:, a Texas litnited liability COO Its Manager By: 2M dentures, , a Della re limi d biltty a Its Vo r : N rda Io edi I age STATE OF 1EXAS § COUNTY OF DALLAS § This instrument s a lodged fore me on the Z� day of 2020, by Mehrdad M o Ventures, LLC, as Manager of w''.'IM Vcntures, LLC, as Manager o o C, Sole Managing Member of CADG, Hurricane Creek, LLC, a Texas limi lia " 'ty in y on if of said company. ���ljJppy A1T IN PAICiE SIMMONS "%'' ota Public. State of Texas Notary public, State of 1 C m. Expires 08.05-2021 ....ur`�- Notary 10 131168423 TURNAROUND EASEMENT PAGE 2 Description of a Turnaround Easement BEING a certain tract of land situated in J. Boyle Survey, Abstract Number 105, Collin County, Texas and being a part of that tract of land described by deed to CADG Hurricane Creek. LLC., recorded in Instrument Number 20150529000631020 of the County Records Collin County, Texas and being more particularly described by metes and bounds as follows; COMMENCING at a 1 /2 inch iron rod found at the most southerly southwest corner CADG tract and the southeast corner of a tract of land described in deed to Sunlit recorded in Instrument Number 20180925001201240 and the northwest corner described in deed as the remainder of WBK Partners, Ltd.: recorded ' Volu a 9. both of said County Records, Texas; THENCE with the common line between said CADG tract and the tra 8°5$' " E, 821.56 feet, from which a 518 inch iron rod found bears N 88058' 6. the southeast corner of said CADG tract; Tl`IENCE departing said common line over and 'd D tract a llowing bearings and distances: N 01001'33'' W, 684.06 feet to curve to the right; With said curve to the right, an alo 180*00'00", having a radius 0 100.00 feet; THENCE S 46018'49" W, 100. 0 Xt, to tl e feet or 0.090 acres of lar tre I Pdotan Job No. CEN13023 FRI 0F,BE44L4NkG being the beginning of a of NV. fect, through a central angle of kho long chord which bears N 46018'49" E. nt of Beginning and containing 3,927 square 1:'JobWEN 13023 Hurricmv CrLck\&u6EnsctnLntMLcgA-XEN 13023 E.A16 DOCY June 05,2020 Page l of 2 51 Sasis of Bearing is the Texas Ccordincte Sy9:em, North Central Zone 4202, NAC HS N nteq►ot parts cf this dccument' 1. D4SCroption 2. Euhibif LECENO: IRi---IR.^,N ROD FOUND a 1 I9 0 a 4 0 n •Pretimincry, thic documcn- shall not be recorded for ony pur ose oral shall nat be used or viewed or relied upon as a fncl survey document" 22 TAC 663.18C Charles St flan Ramsey. RPLS 67'.B Dote- 6/�t%2020 c•, z CD wamny Lac cau veci I -. POINT OF r o `- % COMMENCING �'--Y N8858.27"E E 1 /2 IRF Ram` I P r !i I � � j0 IQn- U" fit 1 A 0.090 ACRES ° 3° 100 3,927 SQUARE FEET aiwm c ScXf a t1r, �c t 11 ~r y Irstr �n1en`ifi 1URVE TABLE NO. ELT AO S LENGTH CHORD BEARING CHORD C1 180 ' 00' 157 08' N46'18'49'E 100.00' i ! INE TABLE No. BEARING LENGTH 0 S46'1e'49"w 100.00' PELOTON LAND sokuTIONa N88'58'2-r E 1.866.60' 1 TURNAROUND EASEMENT BOYLE SURVEY, ABSTRACT NO. 105 CITY OF ANNA COLLIN COUNTY, TEXAS Joe O: cm3023 1DRAWN BY: 161VOST `CHECKED BY. SRAMSEY I DATE Oi105M18' PACE V. 2 OF 2 I r ,�. tt•.ern r..n rn .n.• rir. rrr-