Loading...
HomeMy WebLinkAboutPZ Res 2025-02-0108 Anacapri, Phase 3, Preliminary PlatPRELIMINARY PLAT ANACAPRI PHASE 3 Contact: Ronald Salamie Office: 214-620-2800 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 PRELIMINARY PLAT ANACAPRI PHASE 3 Contact: Ronald Salamie Office: 214-620-2800 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 PRELIMINARY PLAT ANACAPRI PHASE 3 Contact: Ronald Salamie Office: 214-620-2800 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 EASEMENT LANGUAGE ACCESS EASEMENT THE UNDERSIGNED DOES COVENANT AND AGREE THAT THE ACCESS EASEMENT MAY BE UTILIZED BY ANY PERSON OR THE GENERAL PUBLIC FOR INGRESS AND EGRESS TO OTHER REAL PROPERTY, AND FOR THE PURPOSE OF GENERAL PUBLIC VEHICULAR AND PEDESTRIAN USE AND ACCESS, AND FOR FIRE DEPARTMENT AND EMERGENCY USE, IN, ALONG, UPON, AND ACROSS SAID PREMISES, WITH THE RIGHT AND PRIVILEGE AT ALL TIMES OF THE CITY OF ANNA, ITS AGENTS, EMPLOYEES, WORKMEN, AND REPRESENTATIVES HAVING INGRESS, EGRESS, AND REGRESS IN, ALONG, UPON, AND ACROSS SAID PREMISES. VAM EASEMENT THE AREA OR AREAS SHOWN ON THE PLAT AS "VAM" (VISIBILITY , ACCESS, AND MAINTENANCE) EASEMENT(S) ARE HEREBY GIVEN AND GRANTED TO THE CITY, ITS SUCCESSORS AND ASSIGNS, AS AN EASEMENT TO PROVIDE VISIBILITY, RIGHT OF ACCESS, AND MAINTENANCE UPON AND ACROSS SAID VAM EASEMENT. THE CITY SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO MAINTAIN ANY AND ALL LANDSCAPING WITHIN THE VAM EASEMENT. SHOULD THE CITY EXERCISE THIS MAINTENANCE RIGHT, IT SHALL BE PERMITTED TO REMOVE AND DISPOSE OF ANY AND ALL LANDSCAPING IMPROVEMENTS, INCLUDING WITHOUT LIMITATION, ANY TREES, SHRUBS, FLOWERS, GROUND COVER, AND FIXTURES. THE CITY MAY WITHDRAW MAINTENANCE OF THE VAM EASEMENT AT ANY TIME. THE ULTIMATE MAINTENANCE RESPONSIBILITY FOR THE VAM EASEMENT SHALL REST WITH THE OWNERS. NO BUILDING, FENCE, SHRUB, TREE, OR OTHER IMPROVEMENTS OR GROWTHS, WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE VISIBILITY, SHALL BE CONSTRUCTED IN, ON, OVER, OR ACROSS THE VAM EASEMENT. THE CITY SHALL ALSO HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ADD ANY LANDSCAPE IMPROVEMENTS TO THE VAM EASEMENT, TO ERECT ANY TRAFFIC CONTROL DEVICES OR SIGNS ON THE VAM EASEMENT, AND TO REMOVE ANY OBSTRUCTION THEREON. THE CITY, ITS SUCCESSORS, ASSIGNS, OR AGENTS, SHALL HAVE THE RIGHT AND PRIVILEGE AT ALL TIMES TO ENTER UPON THE VAM EASEMENT OR ANY PART THEREOF FOR THE PURPOSES AND WITH ALL RIGHTS AND PRIVILEGES SET FORTH HEREIN. PRELIMINARY PROPERTY DESCRIPTION BEING A 48.585 ACRE TRACT OF LAND SITUATED IN THE ELI W. WITT SURVEY, ABSTRACT NO. 997, IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND BEING ALL OF A 48.585 ACRE TRACT OF LAND CONVEYED AS “PHASE 3” TO MCI EXCHANGE ANACAPRI A SERIES DEPOSITOR, LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 2023000111060, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 48.585 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, DETERMINED BY GPS OBSERVATIONS UTILIZING THE ALLTERRA RTKNET, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST CORNER OF SAID 48.585 ACRE TRACT, SAID POINT BEING ON THE NORTH LINE OF THE REMAINDER OF A CALLED 95.444 ACRE TRACT OF LAND CONVEYED TO MCI PREFERRED INCOME FUND II, LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 20210819001679920, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND THE SOUTH LINE OF A CALLED 62.41 ACRE TRACT OF LAND CONVEYED TO ANNA 60 PARTNERS, LP, AS RECORDED IN COUNTY CLERK'S FILE NO. 2024000048850, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, SAID POINT BEING IN COUNTY ROAD NO. 371, (A VARIABLE WIDTH PRESCRIPTIVE RIGHT-OF-WAY); THENCE, SOUTH 00 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG THE EAST LINE OF SAID 48.585 ACRE TRACT AND OVER AND ACROSS SAID 95.444 ACRE TRACT, A DISTANCE OF 2250.12 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHEAST CORNER OF SAID 48.585 ACRE TRACT, SAID POINT BEING ON THE SOUTH LINE OF SAID 95.444 ACRE TRACT AND THE NORTH LINE OF A CALLED 275.00 ACRE TRACT OF LAND CONVEYED TO D.R. HORTON - TEXAS, LTD., AS RECORDED IN COUNTY CLERK'S FILE NO. 20210212000310470, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED “JBI” FOUND FOR AN INTERIOR ELL CORNER OF SAID 95.444 ACRE TRACT AND A NORTHEAST CORNER OF SAID 275.00 ACRE TRACT BEARS, NORTH 88 DEGREES 20 MINUTES 46 SECONDS EAST, A DISTANCE OF 38.12 FEET; THENCE, SOUTH 88 DEGREES 20 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 48.585 ACRE TRACT, THE SOUTH LINE OF SAID 95.444 ACRE TRACT AND THE NORTH LINE OF SAID 275.00 ACRE TRACT, A DISTANCE OF 928.68 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 48.585 ACRE TRACT, A SOUTHWEST CORNER OF SAID 95.444 ACRE TRACT AND AN INTERIOR ELL CORNER OF SAID 275.00 ACRE TRACT; THENCE, ALONG THE WEST LINE OF SAID 48.585 ACRE TRACT, THE WEST LINE OF SAID 95.444 ACRE TRACT AND THE EAST LINE OF SAID 275.00 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 00 DEGREES 46 MINUTES 38 SECONDS WEST, A DISTANCE OF 1103.04 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 01 DEGREES 17 MINUTES 16 SECONDS WEST, A DISTANCE OF 1185.78 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID 48.585 ACRE TRACT, THE NORTHWEST CORNER OF SAID 95.444 ACRE TRACT AND A NORTHEAST CORNER OF SAID 275.00 ACRE TRACT, SAID POINT BEING ON AFORESAID SOUTH LINE OF SAID 62.41 ACRE TRACT AND BEING IN AFORESAID COUNTY ROAD NO. 371, FROM WHICH A MAG NAIL FOUND BEARS, NORTH 77 DEGREES 16 MINUTES 03 SECONDS WEST, A DISTANCE OF 0.58 FEET; THENCE, SOUTH 89 DEGREES 17 MINUTES 25 SECONDS EAST, ALONG THE NORTH LINE OF SAID 48.585 ACRE TRACT, AFORESAID NORTH LINE OF 95.444 ACRE TRACT, SAID SOUTH LINE OF 62.41 ACRE TRACT AND WITH SAID COUNTY ROAD NO. 371, A DISTANCE OF 942.01 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 48.585 ACRES, OR 2,116,380 SQUARE FEET OF LAND, MORE OR LESS. OWNERS CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, MCI EXCHANGE ANACAPRI A SERIES DEPOSITOR, LLC, ACTING HEREIN BY AND THROUGH IT'S DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS ANACAPRI, PHASE 3, AN ADDITION TO THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND ALLEYS ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR ARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSES OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS OF THE CITY OF ANNA, TEXAS. WITNESS MY HAND THIS THE _____ DAY OF __________________ , A.D. 2025. MCI EXCHANGE ANACAPRI A SERIES DEPOSITOR, LLC BY: MEGATEL HOMES, LLC BY:______________________________, ZACH IPOUR, CO-FOUNDER STATE OF TEXAS )( COUNTY OF _____________ )( BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED DONALD J. DYKSTRA, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE ______ DAY OF _______________ , A.D. 2025. ____________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ID NUMBER: ________________ MY COMMISSION EXPIRES: ________________ SURVEYOR'S CERTIFICATION I, ___________________, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY, MADE UNDER MY DIRECTION AND THE SUPERVISION IN ________, 20_____, AND THAT ALL CORNERS ARE AS SHOWN. ___________________ REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. ____ DATE:___________________________ STATE OF TEXAS )( COUNTY OF ___________ )( BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED ___________________ KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , A.D. 2025. ____________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ID NUMBER: ________________ MY COMMISSION EXPIRES: ________________ PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. CERTIFICATE OF APPROVAL APPROVED ON THIS THE _____ DAY OF __________________, 20____, BY THE PLANNING & ZONING COMMISSION, CITY OF ANNA, TEXAS. _______________________________________ PLANNING & ZONING COMMISSION CHAIR _______________________________________ DIRECTOR OF DEVELOPMENT SERVICES