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HomeMy WebLinkAboutRes 2025-05-1784 Public Necessity for Acquisition of Public ROW and EasementsCITY OF ANNA, TEXAS RESOLUTION NO. Zo7-5 -o5 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF PERMANENT RIGHT OF WAY AND A TEMPORARY CONSTRUCTION EASEMENT, AND A PERMANENT SANITARY SEWER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON AND UNDER REAL PROPERTY LOCATED IN THE P BURNS SURVEY, ABSTRACT A0100; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install public roads and public sanitary sewer lines and associated appurtenances to meet the public need to provide roadway and sanitary sewer system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent sanitary sewer line easement not now held by the City of Anna for such sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a permanent right of way of 0.827 acres, a permanent right of way of 0.418 acres, a temporary construction easement of 0.27 acres, a sanitary sewer line easement of 0.656 acres, more or less, a temporary construction easement, respectively providing limited rights on and under 0.655 acres of real property, more or less, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of roadway improvements and sanitary sewer lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. CITY OF ANNA, TEXAS RESOLUTION NO. G. I A Page 1 of 4 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired 2.01 The necessary permanent right of way sought to be acquired will provide exclusive rights on and under a portion of a tract of real property, said portion totaling approximately 0.827 acres of real property (the "Permanent Right of Way"), currently held by MJLAAdams, Limited, and/or others. Said approximate 0.827 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent right-of-way to be acquired may differ from what is shown in said alignment and description, but said alignment and description approximates the general route and general area of the permanent right of way to be acquired. 2.02 The necessary permanent right of way sought to be acquired will provide exclusive rights on and under a portion of a tract of real property, said portion totaling approximately 0.418 acres of real property (the "Permanent Right of Way"), currently held by MJLAAdams, Limited, and/or others. Said approximate 0.418 acres of real property is generally aligned and described as shown in Exhibit B, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent right-of-way to be acquired may differ from what is shown in said alignment and description, but said alignment and description approximates the general route and general area of the permanent right of way to be acquired. 2.03 The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.27 acres of real property (the "Temporary Construction Easement"), currently held by MJLAAdams, Limited, and/or others. Said approximate 0.27 acres of real property is generally aligned and described as shown in Exhibit B, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description, but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. 2.04 The necessary permanent sanitary sewer line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.656 acres of real property (the "Permanent Sanitary Sewer Line Easement"), currently held by MJLAAdams, Limited, and/or others. Said approximate 0.656 acres of real property is generally aligned and CITY OF ANNA, TEXAS RESOLUTION NO. I I$q Page 2 of 4 described as shown in Exhibit C, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description, but said alignment and description approximates the general route and general area of the permanent sanitary sewer line easement to be acquired. 2.05 The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.655 acres of real property (the "Temporary Construction Easement"), currently held by MJLAAdams, Limited, and/or others. Said approximate 0.655 acres of real property is generally aligned and described as shown in Exhibit D, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description, but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Right of Way and Temporary Construction Easement, and the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing public roadway and sanitary sewer lines and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Right of Way and Temporary Construction Easement and the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys —as necessary and in the appropriate sequence —to have the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner's Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement. The City Council hereby CITY OF ANNA, TEXAS RESOLUTION NO. jj9q Page 3 of 4 authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Permanent Right of Way and Temporary Construction Easement and the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this a aay of May, 2025. ATTESTED: retary 4 manna APPROVED: r e fain, Mayor CITY OF ANNA, TEXAS RESOLUTION NO. 1 r7 8 �j Page 4 of 4 EXHIBIT "A" BEING A 0.827 ACRE TRACT OF LAND SITUATED IN THE W. BURNS SURVEY, ABSTRACT NO. 100, COLLIN COUNTY, TEXAS, AND BEING PART OF A 17 ACRE TRACT OF LAND CONVEYED TO MJLA ADAMS, LTD., AS RECORDED IN COUNTY CLERK'S FILE NO. 20110505000462580, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 0.827 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83. DETERMINED BY GPS OBSERVATIONS UTILIZING THE ALLTERRA RTKNET AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A PK NAIL FOUND FOR THE NORTHEAST CORNER OF SAID 17 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF A 694.344 ACRE TRACT OF LAND CONVEYED AS "TRACT 1" TO LIBERTY 800, LP., AS RECORDED IN COUNTY CLERK'S FILE NO. 2023000025691, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING ON THE SOUTH LINE OF A 666.61 ACRE TRACT OF LAND CONVEYED AS "TRACT 1" TO MM MANTUA 701, LLC., AS RECORDED IN COUNTY CLERK'S FILE NO. 2024000100812, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING IN THE APPROXIMATE CENTER OF COUNTY ROAD NO. 290 (A PRESCRIPTIVE RIGHT-OF-WAY); THENCE, SOUTH 02 DEGREES 16 MINUTES 22 SECONDS EAST, ALONG THE EAST LINE OF SAID 17 ACRE TRACT AND THE COMMON WEST LINE OF SAID 694.344 ACRE TRACT, A DISTANCE OF 109.00 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14 DEGREES 48 MINUTES 05 SECONDS, A RADIUS OF 1180.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 59 DEGREES 07 MINUTES 25 SECONDS WEST, A DISTANCE OF 303.99 FEET; THENCE, OVER AND ACROSS SAID 17 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: ALONG SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 304.83 FEET TO A POINT FOR CORNER; SOUTH 51 DEGREES 43 MINUTES 23 SECONDS WEST, A DISTANCE OF 91.66 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06 DEGREES 27 MINUTES 24 SECONDS, A RADIUS OF 1140.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 48 DEGREES 29 MINUTES 41 SECONDS WEST, A DISTANCE OF 128.40 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 128.47 FEET TO A POINT FOR CORNER; SANTX-LAND\0451\200SURVEY\230 Legal Descriptions\0451EX01.docx Page 1 of 3 SOUTH 45 DEGREES 15 MINUTES 59 SECONDS WEST, A DISTANCE OF 79.69 FEET TO A POINT FOR CORNER. SAID POINT BEING ON THE WEST LINE OF SAID 17 ACRE TRACT AND THE COMMON EAST LINE OF A 27.745 ACRE TRACT OF LAND CONVEYED TO M&T HOLDING COMPANY, LLC., AS RECORDED IN COUNTY CLERK'S FILE NO. 20141105001213360, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 01 DEGREES 49 MINUTES 54 SECONDS WEST, ALONG SAID COMMON LINES, A DISTANCE OF 81.91 FEET TO A 3/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 17 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 27.745 ACRE TRACT. SAID POINT BEING ON THE SOUTH LINE OF AFORESAID 666.61 ACRE TRACT AND BEING IN THE APPROXIMATE CENTER OF AFORESAID COUNTY ROAD NO. 290; THENCE, NORTH 51 DEGREES 47 MINUTES 09 SECONDS EAST, ALONG THE NORTH LINE OF SAID 17 ACRE TRACT, THE COMMON SOUTH LINE OF SAID 666.61 ACRE TRACT AND WITH SAID COUNTY ROAD NO. 290 A DISTANCE OF 615.92 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 36,045 SQUARE FEET OR 0.827 ACRES OF LAND. A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION. Chris Matteo, R.P.L.S. Registered Professional Land Surveyor Texas Registration No. 6501 LJA Surveying, Inc. 6060 North Central Expressway, Suite 400 Dallas, Texas 75206 469-484-0778 TBPELS Firm No. 10194382 SANTX-LAND\0451\200SURVEY\230 Legal Descriptions\0451EX01.docx Page 2 of 3 MAY 08, 2025 CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH C1 14'48'05" 1180.00' S59'07'25"W 303.99' 304.83' C2 6'27'24" 1 140.00' S48'29'41 "W 128.40' 128.47' LINE BEARING DISTANCE L1 S2'16'22"E 109.00, 1' L2 S51'43'23"W 91.66' L3 S45' 15'59"W 79.69' L4 N1'49'54"W 81.91, POINT OF BEGINNING PKNF 0 50 100 (CM) TRACT 1 666.61 ACRES --\1 MM MANTUA 701, LLC TRACT 1 C.C.# 2024000100812 0.827 ACRES 694.344 ACRES O.P.R.C.C.T. 36,045 SF LIBERTY 800, LP (,2J�• �.�I C.C•#O.P.R.C.C.T. 00025691 J�=ci GO�.� b,�y90 �� P 4bA< GAIN 4`S � a N N wwo� 4�$5 W 3 0'- A Q0a I l W W �C6 ��Wo� IJ �J 471 Z=0 O W aUcUi 3/8"IRF a Q V (CM) d 17 ACRES 1�1• IT -' MJLA ADAMS, LTD v� C.C.# 20110505000462580 0 O.P.R.C.C.T. J� M IZM NQC14 �0-0 <000 r?'� t\�0� NON 2 eS � �?:•�� O C?: *tom L�.O.�r ...................... CHRIS MATTED ....................... LEGEND 9 �0 65010�0� IRF IRON ROD FOUND /liO•. ESS �,. PKNF PK NAIL FOUND S U Rv O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C,T. DEED RECORDS, COLLIN COUNTY, TEXAS (CM) CONTROLLING MONUMENT THE BEARING BASIS IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD83, DETERMINED BY GPS OBSERVATIONS UTILIZING THE ALLTERRA RTK/�NET. DATE: 05/08/25 EXHIBIT A PAGE 3 DRWN BY: B.N.W. 0.827 ACRES " LJA SURVEYING,INC.. 3 IN THE CH K D BY: C. M. 6060 North Central Expressway Phone 469.627.0710 OF W. BURNS SURVEY ABSTRACT N0. 100 Suite 400 PROJ NO. 0451 COLLIN COUNTY, TEXAS Dallas, Texas 75206 T.B.P.E.L.S. Firm No. 10194382 EXHIBIT "A" BEING A 0.418 ACRE TRACT OF LAND SITUATED IN THE W. BURNS SURVEY, ABSTRACT NO. 100, COLLIN COUNTY, TEXAS, AND BEING PART OF A 17 ACRE TRACT OF LAND CONVEYED TO MJLA ADAMS, LTD., AS RECORDED IN COUNTY CLERK'S FILE NO. 20110505000462580, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 0.418 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83. DETERMINED BY GPS OBSERVATIONS UTILIZING THE ALLTERRA RTKNET AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A PK NAIL FOUND FOR THE NORTHEAST CORNER OF SAID 17 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF A 694.344 ACRE TRACT OF LAND CONVEYED AS "TRACT 1" TO LIBERTY 800, LP., AS RECORDED IN COUNTY CLERK'S FILE NO. 2023000025691, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING ON THE SOUTH LINE OF A 666.61 ACRE TRACT OF LAND CONVEYED AS "TRACT 1" TO MM MANTUA 701, LLC., AS RECORDED IN COUNTY CLERK'S FILE NO. 2024000100812, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING IN THE APPROXIMATE CENTER OF COUNTY ROAD NO. 290 (A PRESCRIPTIVE RIGHT-OF-WAY), FROM WHICH A 3/8 INCH IRON ROD FOUND THE NORTHWEST CORNER OF SAID 17 ACRE TRACT BEARS SOUTH 51 DEGREES 47 MINUTES 13 SECONDS WEST, A DISTANCE OF 615.90 FEET; THENCE, SOUTH 02 DEGREES 16 MINUTES 22 SECONDS EAST, ALONG THE EAST LINE OF SAID 17 ACRE TRACT AND THE COMMON WEST LINE OF SAID 694.344 ACRE TRACT, A DISTANCE OF 109.00 FEET TO THE POINT OF BEGINNING; THENCE, SOUTH 02 DEGREES 16 MINUTES 22 SECONDS EAST, CONTINUING ALONG SAID COMMON LINES, A DISTANCE OF 32.24 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14 DEGREES 13 MINUTES 13 SECONDS, A RADIUS OF 1150.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 58 DEGREES 50 MINUTES 00 SECONDS WEST, A DISTANCE OF 284.69 FEET; THENCE, OVER AND ACROSS SAID 17 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: ALONG SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 285.42 FEET TO A POINT FOR CORNER; S:\NTX-LAND\0451\200SURVEY\230 Legal Descriptions\0451EX02.docx Page 1 of 4 SOUTH 51 DEGREES 43 MINUTES 23 SECONDS WEST, A DISTANCE OF 91.66 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06 DEGREES 27 MINUTES 24 SECONDS, A RADIUS OF 1110.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 48 DEGREES 29 MINUTES 41 SECONDS WEST, A DISTANCE OF 125.02 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 125.09 FEET TO A POINT FOR CORNER; SOUTH 45 DEGREES 15 MINUTES 59 SECONDS WEST, A DISTANCE OF 107.57 FEET TO A POINT FOR CORNER. SAID POINT BEING ON THE WEST LINE OF SAID 17 ACRE TRACT AND THE COMMON EAST LINE OF A 27.745 ACRE TRACT OF LAND CONVEYED TO M&T HOLDING COMPANY, LLC,. AS RECORDED IN COUNTY CLERK'S FILE NO. 20141105001213360, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 01 DEGREES 49 MINUTES 54 SECONDS WEST, ALONG SAID COMMON LINES, A DISTANCE OF 40.95 FEET TO A POINT FOR CORNER, FROM WHICH A 3/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 17 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 27.745 ACRE TRACT BEARS NORTH 01 DEGREES 49 MINUTES 54 SECONDS WEST, A DISTANCE OF 81.93 FEET; THENCE, OVER AND ACROSS SAID 17 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 45 DEGREES 15 MINUTES 59 SECONDS EAST, A DISTANCE OF 79.69 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 06 DEGREES 27 MINUTES 24 SECONDS, A RADIUS OF 1140.00 FEET, AND A LONG CHORD THAT BEARS NORTH 48 DEGREES 29 MINUTES 41 SECONDS EAST, A DISTANCE OF 128.40 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 128.47 FEET TO A POINT FOR CORNER; SANTX-LAND\0451\200SURVEY\230 Legal Descriptions\0451EX02.docx Page 2 of 4 NORTH 51 DEGREES 43 MINUTES 23 SECONDS EAST, A DISTANCE OF 91.66 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 14 DEGREES 48 MINUTES 05 SECONDS, A RADIUS OF 1180.00 FEET, AND A LONG CHORD THAT BEARS NORTH 59 DEGREES 07 MINUTES 25 SECONDS EAST, A DISTANCE OF 303.99 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 304.83 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 18,216 SQUARE FEET OR 0.418 ACRES OF LAND. A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION. Chris Matteo, R.P.L.S. Registered Professional Land Surveyor Texas Registration No. 6501 LJA Surveying, Inc. 6060 North Central Expressway, Suite 400 Dallas, Texas 75206 469-484-0778 TBPELS Firm No. 10194382 S:\NTX-LAND\0451\200SURVEY\230 Legal Descriptions\0451EX02.docx Page 3 of 4 MAY 08, 2025 0 50 100 0 ZNr Q Z N V) UJLO M w W O aoa�;U U 00 LriJ 0 c) Z Z N O r- �zW Z O L? = U U N LEGEND CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH C1 14*13'13" 1150.00' S58'50'00"W 284.69' 285.42' C2 6'27'24" 1 1 10.00' S48'29'41 "W 125.02' 125.09' C3 6'27'24" 1 140.00' N48'29'41 "E 128.40' 128.47' C4 14'48'05" 1180.00, N59'07'25"E 303.99' 304.83' LINE BEARING DISTANCE L1 S2' 16'22"E 32.24' L2 S51'43'23"W 91.66' L3 S45'15'59"W 107.57' L4 N1'49'54"W 40.95' L5 N45'15'59"E 79.69' L6 N51'43'23"E 91.66' L7 N1'49'54"W 81.93' TRACT 1 666.61 ACRES MM MANTUA 701, LLC D J C.C.# 2024000100812 O.P.R.C.C.T. cj O' 1 � J�=�2 '0 t9 0 P-�l Gp� 4jCO 3/8"IRF (CM) / POINT OF COMMENCING 30' i i i G1 i / i 0.418 ACRES 18,216 SF 20' TEMPORARY CONSTRUCTION EASEMENT / 17 ACRES MJLA ADAMS, LTD / C.C.# 20110505000462580 U / 0.P.R.C.C.T. J Z ^ / N < - / �CL O ~ a O to V U O U n?ra r�o0 N JO N 2 � F— U U PKNF (CM) W N O POINT OF BEGINNING TRACT 1 694.344 ACRES LIBERTY 800, LP C.C.# 2023000025691 O.P.R.C.C.T. W .Z J�0) o W �O. .> a v=i A` - A, IRF IRON ROD FOUND PKNF PK NAIL FOUND O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS -` (CM) CONTROLLING MONUMENT THE BEARING BASIS IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD83, DETERMINED BY GPS OBSERVATIONS UTILIZING THE ALLTERRA RTKNET. DATE: 05/08/25 EXHIBIT "All PAGE 4 DRWN BY: B.N.W. `J�ISURVEYING,11NC• 0.418 ACRES 00 4 CHKD BY: C.M. IN THE W. BURNS SURVEY, ABSTRACT NO. 100 6060 North Central Expressway Phone 469.621.0710 Suite400 PROD NO. 0451 COLLIN COUNTY, TEXAS Dallas, Texas 75206 T.B.P.E.L.S. Firm No. 10194382 EXHIBIT "A" 50' PERMANENT WASTEWATER EASEMENT COLLIN COUNTY, TEXAS Being a tract of land, situated in the W. Burns Survey, Abstract No. 100, in Collin County, Texas, and being a part of that called 16.952 acre tract, described in deed to MJLA Adams, Ltd., as recorded under Document No. 20110505000462580, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: COMMENCING at a mag nail found for the northeasterly corner of said 16.952 acres, some being the northwesterly corner of a called 341.162 acre tract, described in deed to VC Liberty Hills, LLC, as recorded under Document No. 2024000150080, O.P.R.C.C.T.; THENCE along the common line between said 16.952 acre and said 341.162 acre tracts, the following (2) two courses and distances: 1. South 02°16'54" East, a distance of 712.30' to a point for corner; 2. South 02'05'13" East, a distance of 487,89' to the POINT OF BEGINNING of the herein described tract; THENCE South 02'05'13" East, continuing along the common line between said 16.952 acre and said 341.162 acre tracts, a distance of 58.39' to a point for corner; THENCE over and across said 16.952 acre tract, the following (2) two courses and distances: 1. South 56°49'21" West, a distance of 445.74' to a point for corner; 2. North 80'27'11" West, a distance of 125.34' to a point for corner, being in the westerly line of said 16.952 acre tract, some being in the easterly line of a called 27.745 acre tract, described in deed to M & T Holding Company, LLC, as recorded under Document No. 20141105001213360, O.P.R.C.C.T.; THENCE North 02'00'59" West, along the common line between said 16.952 acre and 27.745 acre tracts, a distance of 51.04' to a point for corner; THENCE over and across said 16.952 acre tract, the following (2) two courses and distances: 1. South 80°27'11" East, a distance of 116.01' to a point for corner; 2. North 56°49'21" East, a distance of 456.34' to the POINT OF BEGINNING and containing 28,589 or 0,656 acres of land, more or less. SOFT ABBREVIATIONS I.R.F. = Iron Rod Found (R.M.) = Reference Monument C.I.R.F. = Capped Iron Rod Found M'.R.C.C.T. = Map Records, Collin County, Texas D.R.C.C.T. = Deed Records, Collin County, Texas O.P.R.C.C.T. = Official Public Records, Collin County, Texas :U1 .................................... CHAR S. HOLCOMB ........................................ 7113 �yFO ESS101?.��,� s Ug°� This metes and bounds description is accompanied by a survey plat of even date. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202), NAD83 (2011). Surface values shown can be converted to grid by dividing by the combined scale factor of 0.999847313, at base point 0,0. DATE: 05/19/2025 50' PERMANENT North Texas Surveying, L.L.C. SHEET NO.: 1 OF 3 WASTEWATER EASEMENT Registered Professional Land Surveyors SCALE: 1" = 100' W. BURNS SURVEY, ) 1010 West University Drive McKinney, Tx. 75069 CHK'D. BY: M.B.A. ABSTRACT NO. 100 Ph. (469) 424-2074 Fax: (469) 424-1997 COLLIN COUNTY TEXAS www.northtexassurveying.com JOB NO.: 2025-0016 ' Firm Registration No. 10074200 \ O P\� \ N k?- o�1 ' AO �Q��'G POINT OF O COMMENCING P ' �O 112" LR.F. I `� (R.M.) / �4 ti pJ G/ �yo 0 WZ i tq Q Z c \yro 7 Q W N H N O�ti'C� ' Go 10Y0 o moa n zW_>WBU oo NO Zi� I�D p o � z U U= L)> !� < U) c, CO IJ�-0 f0 = Z In F. S47°22'23"W o Z- o m 4.05' n owU�a ,h- �) I I J_mJ QNO L) U / U> CALLED 16.952 ACRES / 1 MJLA ADAMS, LTD. DOCUMENT NO. / 20110505000462580, J I O.P.R.C.C.T. I J Wr o I I z L) Qa. `�° �OZ�U r�UWooU r.-02L� 0 0 0 d n: GRAPHIC SCALE I WJOv0 I o so 100 �00 Q 2 N U � -a 1 inch = 100 feet MATCH LINE --------------------------- MATCH----- LINE This survey plat is accompanied ld a metes and bounds description of even date. Bearings are based on the Texas at Plane Coordinate System, North Central Zone (4202), NAD83 (2011). Surface values shown can be converted to grid by dividing by the combined scale factor of 0.999847313, at base point 0,0. DATE: 05/19/2025 50' PERMANENT WASTEWATER EASEMENTSph. W. BURNS SURVEY, ABSTRACT NO. 1OO COLLIN COUNTY TEXAS North Texas Surveying, L.L.C. Registered Professional Land Surveyors 1010 West University Drive McKinney, Tx. 75069 (469) 424-2074 Fax: (469) 424-1997 www.northtexassurveying.com Firm Registration No. 10074200 SHEET NO.: 2 OF 3 SCALE: 1" = 100' CHK'D. BY: M.B.A. JOB NO.: 2025-0016 MATCH LINE - — — — — — — — — - --------------------------- I MATCH LINE I I T.BtiR'*`` NO. 1 I ABSTRACT '�oI r I co I I w �n O NI J J 0 w > o I z CALLED 16.952 ACRES Of i z M I MJLA ADAMS, LTD. DOCUMENT NO. O Z U oo U 20110505000462580, r� W rU2US O.P.R.C.C.T. oov �?a: I WJOvO J O p o Q = N ( v POINT OF I BEGINNING / 50' PERMANENT / WASTEWATER EASEMENT 28,589 SQ. FT. / 0.656 ACRES 15 `/ / o .601/ 10-100, S80°27'11 ,,E / 11 g' 01' / �r0 o O \ o \ Z N80°274-1-1,1 1 \ 2 5,34' GRAPHIC SCALE I 0 50 100 i I1 inch = 100 feet This survey plat is accompanied by a metes and bounds description of even date. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202), NAD83 (2011). Surface values shown con be converted to grid by dividing by the combined scale factor of 0.999847313, at base point 0,0. W J � J U O Q N Z oo 1_ �=ZOU p W U N Wm00 J J p N U> W C'7 T— 0) EO Cl? O 00 04 U) O U)deal 5/a ae,• P ti DATE: 05/19/2025 SO' PERMANENT North Texas Surveying, L.L.C. SHEET NO.: 3 OF 3 WASTEWATER EASEMENT W. BURNS SURVEY, Registered Professional Land Surveyors 1010 West University Drive SCALE: 1" = 100' La McKinney, Tx. 75069 CHK'D. BY: M.B.A. ABSTRACT NO. 100 Ph. (469) 424-2074 Fax: (469) 424-1997 COLLIN COUNTY TEXAS ' www.northtexassurveying.com Firm Registration No. 10074200 JOB NO.: 2025-0016 EXHIBIT "A" 50' TEMPORARY CONSTRUCTION EASEMENT COLLIN COUNTY, TEXAS Being a tract of land, situated in the W. Burns Survey, Abstract No. 100, in Collin County, Texas, and being a part of that called 16.952 acre tract, described in deed to MJLA Adams, Ltd., as recorded under Document No. 20110505000462580, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: COMMENCING at a mag nail found for the northeasterly corner of said 16.952 acres, some being the northwesterly corner of a called 341.162 acre tract, described in deed to VC Liberty Hills, LLC, as recorded under Document No. 2024000150080, O.P.R.C.C.T.; THENCE along the common line between said 16.952 acre and said 341.152 acre tracts, the following (2) two courses and distances: 1. South 02'16'54" East, a distance of 712.3D' to a point for corner; 2. South 02°05'13" East, a distance of 546.28' to the POINT OF BEGINNING of the herein described tract; THENCE South 02°05'13" East, continuing along the common line between said 16.952 acre and said 341.162 acre tracts, a distance of 58.39' to a point for corner; THENCE over and across said 16,952 acre tract, the following (2) two courses and distances: 1. South 56°49'21" West, a distance of 435.15' to a point for corner; 2. North 80°27'11" West, a distance of 134.66' to a point for corner, being in the westerly line of said 16.952 acre tract, some being in the easterly line of a called 27.745 acre tract, described in deed to M & T Holding Company, LLC, as recorded under Document No. 20141105001213360, O.P.R.C.C.T.; THENCE North 02`00'59" West, along the common line between said 16.952 acre and 27.745 acre tracts, a distance of 51.04' to a point for corner; THENCE over and across said 16.952 acre tract, the following (2) two courses and distances: 1. South 80°27'11" East, a distance of 125.34' to a point for corner; 2. North 56°49'21" East, a distance of 445.74' to the POINT OF BEGINNING and containing 28,522 or 0.655 acres of land, more or less. SOFT ABBREVIATIONS I R.F. = Iron Rod Found (R-M.) = Reference Monument C.I.R.F. = Capped Iron Rod Found M.R.C.C.T. = Map Records, Collin County, Texas D.R.C.C.T. = Deed Records, Collin County, Texas O.P.R.C.C.T. = Official Public Records, Collin County, Texas ....:..............................:..... CHAD S. HOLCOMB ......................................... 7113 �f'••.ESSIg'v� SU This metes and bounds description is accompanied by a survey plot of even date. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202), NAD83 (2011). Surface values shown can be converted to grid by dividing by the combined scale factor of 0.999847313, at base point 0,0. DATE: 05/19/2025 SO' TEMPORARY North Texas Surveying, L.L.C. SHEET NO.: 1 OF 3 CONSTRUCTION EASEMENT Registered Professional Land Surveyors SCALE: 1" = 100' w.BURNSSURVEY, Sph. 1010 West University Drive McKinney, Tx. 75069 CHK'D. BY: M.B.A. ABSTRACT NO. 100 (469) 424-2074 Fax: (469) 424-1997 COLLIN COUNTY TEXAS www.northtexassurveying.com No. JOB NO.: 2025-0016 ' Firm Registration 10074200 \ O PN- > >QI G O O Gt-P1GJ��z 01� . 02� QEiGG POINT OF G COMMENCING P ' 1/2" I.R.F. z wazcq cn w v Uz�N QwO�F- O`l�G/ o ccoopQaC? / ��? °' O� yV. BURNS SUR ❑ z Z v o ABSTRACT No'100 wp o �/ I wS J Z � J =o° oI WJ z U Oo U n aUZo1- � S Z—§ o F. S47°22'23"W o � � � Vo � 4.05' pw0�a I 11000 S\ JQN rx1 �O CALLED 16.952 ACRES / `� 1 I MJLAADAMS, LTD. DOCUMENT NO. 20110505000462580, J O.P.R.C.C.T. I J WZ I I a ¢2z�1� I �n0HNU ti0WoU N z Z o a GRAPHIC SCALE woo40 0 so 100 I U0 oN II II of 1 inch = 100 feet MATCH LINE — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — MATCH LINE This survey plat is accompanied ly a metes and bounds description of even date. Bearings ore based on the Texas State Plane Coordinate System, North Central Zone (4202), NAD83 (2011). Surface values shown can be converted td grid by dividing by the combined stole factor of 0.999847313, at base point 0,0. DATE: 05/19/2025 50' TEMPORARY CONSTRUCTION EASEMENT w. BURNS SURVEY, ABSTRACT NO. 100 COLLIN COUNTY TEXAS ' North Texas Surveying, L.L.C. Registered Professional Land Surveyors 1010 West University Drive McKinney, Tx. 75069 Sph.(469) 424-2074 Fax: (469) 424-1997 www.northtexassurveying.com Firm Registration No. 10074200 SHEET NO.: 2 OF 3 SCALE: 1° = 100' CHK'D. BY: M.B.A. JOB NO.: 2025-0016 ------------- MATCH LINE-------- - — — — — — — — — MATCH LINE I I I I BURN S SUR�'BY iNBSTR•ACT No.1W I I CcI O u� I �I O U N J O J to w >- o CALLED 16.952 ACRES U a O noMJLA ADAMS, LTD. Q z = I DOCUMENT NO. I O z N �? 20110505000462580, U g U I O.P.R.C.C.T. I AO2ZF5� oFD0 WJOvO Q O N U F- � I I I I POINT OF BEGINNING I 50' TEMPORARY I CONSTRUCTION EASEMENT 28,522 SQ. FT. / 0.655 ACRES / I / �35. `O shaded) 1 // / S80027'11 „E "00' / /,�'� 125 G °� _ 34 �a „ IbP A� \ N / GRAPHIC SCALE 1 zN80 11 '„w—� o so ,00 , I 134.66' 1 inch = 100 feet I This survey plat is accompanied by a metes and bounds description of even date. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202), NAD83 (2C11). Surface values shown can be converted to grid by dividing by the combined scale factor of 0.999847313, at base point 0,0. LU c M _ / LO Ch / 0 pp N LP " a DATE: 05/19/2025 SO' TEMPORARY CONSTRUCTION EASEMENT W. BURNS SURVEY, ABSTRACT NO. 100 COLLIN COUNTY TEXAS ' North Texas Surveying, L.L.C. Registered Professional Land Surveyors 1010 West University Drive McKinney, Tx. 75069 Sph. (469) 424-2074 Fax: (469) 424-1997 www northtexassurveying.com Firm Registration No. 10074200 SHEET NO.: 3 OF 3 SCALE: 1" = 100' CHK'D. BY: M.B.A. JOB NO.: 2025-0016