Loading...
HomeMy WebLinkAboutRes 2021-07-944 Sale of Real Property to the Texas Department of Transportation for the Widening of State Highway 5CITY OF ANNA, TEXAS • • • w/1 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS FOR THE SALE OF REAL PROPERTY TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE WIDENING OF STATE HIGHWAY 5 IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation is seeking to acquire public right- of-way needed for the widening of State Highway 5 in Anna, Texas; and, WHEREAS, the Texas Department of Transportation is seeking to purchase a 0.0074 acre tract of land from the City of Anna located at the southwest corner of the Municipal Complex, said 0.0074 acre tract being also identified as Parcel 201 as shown in Exhibit "A" attached hereto; and, WHEREAS, the 0.0074 Acre tract of land is not essential to the activities, procedures, and actions at the Municipal Complex of the City of Anna, Texas; and, WHEREAS, the City of Anna will receive fair market value compensation from the Texas Department of Transportation in an amount not less than $2,774.00; and, WHEREAS, the widening of State Highway 5 is essential to the growth and development of the City of Anna, Texas; 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 Sale of Real Property. That the City Council of the City of Anna authorizes the City Manager to execute the necessary documents and agreements for the sale of the 0.0074 acre tract of land as shown in Exhibit "A" attached. That all documents shall be reviewed and approved by the City Attorney prior to execution. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this �� day of July 2021. ATTEST: ,,�����u�uu��n,�� City Secretary, Carrie Land Mayor, APPROVED: Nate Pike Exhibit "A" (following page) �o a z o $ z pS i N�� s:;;;Q N .., . .../ fi O x' a —w �v '' ; �„ 'i N •': J O — — — ` ~'V iY i 6' O L1 NZ i•2 ' �';c� a� ag N a 2 W W O 1 i.. I �.. �,(yrJ ' N) Ni (f1 1e 2 N M;p �QK�(�i� p� u� . ad rail, j 5Madill 0 a N J W h W W �•�%'•. �y i a: clad, 0 1- m it U) Food d nam a -- - �? all ;1>0�Sj �`iold 16. !i IIJ add a"uflood Ld OI m 9 Voodoo H10/M 31WIWAI LL owQ c 00 13-`J1S SNIJOIH tanos o L(a) o V)" Q o v r x �1 _—_ •L•n 095 hl JOA1Cm S ?- r N f�• r 41 N — -_ -- >OOZWO-I— ,iu ( 200 JW O Q F m l r�iti Vl N NH L OZ n Q Q ~ a) V°U x i LL 41 `loci• QW Vl OmZ:W mV W �n' t U W U� Q co = `IN4 1 O Q} LL U >- U U O x t o Q p Q W ` Q V) H S Vl J --�11 a ooN ao to ww ` r- �7N O Q iM N U� z At o 6CD � W �w ��m aS i� iso o y k Irma T &M�wrc z ° I'd�A18ow� ti z o1�"�Wm=s0a¢e woI�axP-d �0 � �� BTU =uoo"i zw dWWu �$Y 4w OFOLL 1-1 Oa _ UNri W^m aoq 3 wl- " uzm Ovi u N~�m O... x..H V 6 ooa wl zz Woo wi ° $ d J do 6 Rw� w<w.-g ° c — -- -- ow 09 w xW wo III 0x a W4 N odd i Aj�igv9e R� �5 a6 ,or�j W 10 U m o'old U�i.1�e 1 �llo - SIR A ads 3.f16.2/.CON I _ x3o M2 z= LVA I'M'O'^J' SVX71 J0 3LV15 Nl0/M 37GVtWIU ��'— ° �i 9.. R 'wla- w i/afs.or 5 ,lbMN9/N �` 2 &w� &� a �0 3 N �lb1S rL 3g o BO'09.96f ld �` w `�' d w ag �3 i &_w o — . — - —00� LGC _ — ^ — Z0�6vk 56C 7Bd ^ — - — 00•SOC w z r o w o m'x'W m3 'all^ i do ad al w BIOZ/9Z/01 _i' Executive Summary Property Name Location Client Client Reference Number Highest and Best Use As If Vacant Property Rights Appraised Date of Report Date of Inspection Estimated Exposure Time Estimated Marketing Time Land Area Parcel 201 Fee Area Remaining Zoning Scope of Work Parcel 201 206 W. 7th St., Anna, Collin County, TX 75454 HDR Engineering, Inc. CSJ: 0047-04-026; Contract No. 7806 Commercial Fee Simple Estate December 27, 2018 December 6, 2018 b - 12 Months 6 - 12 Months 2.1516 AC 0.0074 AC 2.1442 AC C-1 93,724 SF 322 SF 93,401 SF CONCLUDED MARKET VALUE Whole Property $539 244 Part to be Acquired $2,188 Remainder Before Consideration of Damages $537 056 Remainder After Consideration of Damages $537,056 Net Damages or Enhancements $0 Net Cost to Cure $586 Total Compensation $2,774 EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS An extraordinary assumption is defined as "an assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions." A hypothetical condition is defined as "a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purposes of analysis." ' � Tha Appraisal Foundation, USPAP, 20)II-2019 '2 CBRE NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 1 TxDOT ROW CSJ: 0047-04-026 TxDOT Parcel ID: P201 / P00002662 Grantors},whether ane m• more: City of Anna Grantor's Mailing Address (including county): City of Anna PO Box 779 Anna, TX 75409-0776 Collin County Grantee: The State of Texas, acting by and through the Texas Transportation Commission Grantee's Authority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase sand and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary or convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203 to acquire or request to be acquired such other property rights deemed necessary or convenient for the purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non -controlled facilities and designated controlled access highways and turnpike projects. Gran#ee's Mailing Address (including county): Texas Department of Transportation 125 E. I Street Austin, Texas 78701 Travis County Form ROV�N-14 (Rev. 11/20) page 2 of 3 Consideration: The sum of Two Thousand Seven Hundred and Seventy -Four and no/100 Dollars ($2,774.011) to Grantor in hand paid by Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied. Property: All of that certain tract or parcel of land in Collin County, Texas, being mote particulal•ly described in the attached Exhibit A (the "Property"). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: l . Visible and apparent easements not appearing of record. 2. Any diset•epancies, conflicts, or• shortages in area ot• boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Collin County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, and sulfur in and under the Property but waives ail rights of ingress and egI ess to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and tights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein, and thereunder. Gt•antor is retaining title to the following improvements ("Retained Improvements") located on the Property, to wit: Grantor covenants and agrees to remove the Retained Improvements from the Property by NIA day of N/A 20N/A, subject to such extensions of time as may be granted by Grantee in writing. In the event Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed, then, without further consideration, title to all or part of such Retained Improvements not so removed shall pass to and vest in Grantee, its successors and assigns, forever. Access on and off Grantor's remaining property to and from the State highway facility slral l be permitted except to the extent that such access is expressly prohibited by the provisions set out in Exhibit "A". Gt•antor acknowledges that such access on and off the State highway facility is subject to regulation as may be determined by the Texas Department of Transportation to be necessary in the interest of public safety or by applicable local municipal or county zoning, platting, or permitting requirements, GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Form ROW-N-14 (Rev, 11120) Page 3 Of 3 When the context requires, singular nouns and pronouns include the plural, EXECUTED on the dates) of acknowledgment indicated below- State of Texas County of LUAlitl Th by of ,a acl wl physically appearing before me. GRANTA6 City otAntp Corporate Acknowledgment ❑ appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code, Chapter 406, Subchapter C. EZOZ �b /G2fUQ8� 58JIdf(� 40bStti6l # 41 ti�1oN �NI QNYI 'l M N D AFTER RECORDING, RETURN TO: Alamo Title Company 2900 S. Hulen Street, STE 30 Fort Worth, TX 76109 Exhibit At County: Collin Page 1 of 4 Highway: State Highway 5 REV. October 24, 2018 STA. 395+09.77 to STA. 395+57.20 R.O.W. CSJ: 0047-04-026 Description for Parcel 201 BEING a 0.0074 acre parcel of land, situated in the Henry Brantley Survey, Abstract Num71, City of Anna, Collin County, Texas, and being part of a tract of land conveyed by deed to Joiner Construction Co., and recorded in Volume 2250, Page 244, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being more particularly described by metes and bounds as follows: COIIAMENCING at a 1 1/2 inch iron pipe, {controlling monument) (GM), found In the northeast corner of a tract of land conveyed to ionic Investments, LLC., recorded in instrument No. 20131001001367560, O.P.R.C.C.T., and being in the south right of way line of West 5th Street (called 80 foot right of way) same being in the west line of South Riggins Street (variable width right of way) from which a 1/2 inch iron rod (CM) found bears S 89° 12' 15" E. a distance of 234.88 feet for the northeast corner of a tract of land conveyed to the City of Anna as recorded in Instrument No. 20160929001311580, O.P.R.C.C.T. and being in the south line of West 5th Street; THENCE S 000 38' 01" W, departing said West 5th Street and along the west right of way of said South Riggings Street, a distance of 580.00 feet to the southeast corner of said Joiner Construction Co. tract and being in the north line of West 7th Street (called 80 foot right of way); THENCE N 89° 12' 34" W, departing said South Riggins Street and along the common north right of way line of West 7th Street and the south line of said Joiner Construction Co. tract a distance of 596.32 feet to a set 5/8 inch iron rod with pink cap stamped "TXDOT SURVEY MARKER, RIGHT OF WAY MONUMENT"** (hereafter referred to as TxDOT Monument) at the POINT OF BEGINNING on the new easterly right of way fine of State Highway 5 (variable width right of way), and being 72.66 feet right of Station 395+09.77, and having N.A.D. 83 (2011 Adjustment) Texas State Plane, North Central Zone (4202) surface coordinate of Northing 7,179,447.99 and Easting 2,563,930.30, 1. THENCE N $90 12' 34" W, continuing along said common line, a distance of 21.02 feet to a Angie Iron found (CM) for the southeast corner of said Joiner Construction tract and being in the existing right of way of State Highway 5(varlable width right of way) recorded in Volume 297, Page 632, Deed Records, Collin County, Texas (D.R.C.C.T.), 2. THENCE N 03° 12' 48" E, departing said common line and along the common east line of said existing easterly right of way of State Highway 5, and the west line of said Joiner Construction tract, a distance of 47.61 feet to a set TxDOT Monument** for corner and being in the new easterly right of way of State Highway 5 and being 54.49 feet right of station 395+57.20, 3. THENCE S 01 ° 26' 26" E, departing said existing westerly right of way of State Highway 5 and along the new easterly right of way line of State Highway 5 a distance of 20.68 feet to a set TxDOT Monument** for corner; Exhibit "A" County: Collin Page 2 of 4 Highway: State Highway 5 REV. October 24, 2018 STA. 395+09.77 to STA. 395+57.20 R.O.W. CSJ: 0047-04-026 Description for Parcel 201 4. THENCE S 33° 17 21 E, along the new easterly right of way line of State Highway 5 a distance of 32.49 feet to the POINT OF BEGINNING and containing 323 square feet or 0.0074 acres of land. Basis of Bearings is the Texas State Plane Coordinate System, North American Datum 1983 (2011 Adjustment), Position (Epoch 2010), North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.0001527106 ** The monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. This property description is accompanied by a separate plat of even date. I, Harry L. Dickens, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Harry Texas ckens, R.P.L.S. istration No. 5939 Linn T. Ramey &Associates, Inc. 3320 Belt Line Road Farmers Branch, Texas 75234 Ph. 214-979-1144 TBPLS FIRM N0. 10140700 HARRY L. DICKENS ......................................... 5939 o w o o � cn 00 ti k t^^X0 w cm ONO o—/.Z2 >a �ar� d< tf) Ci N w EJ tOKWQv►3(�HiZ-tJ�W Ix p OOC)04cc� W a~0wwo �~ 0:tLiVI Ma '4j N 00" 4iQp> n:a Q um�M tom- �OWC WI� V/ X Z �/� m�We 8 VJAFR Z "M fF _p W 1 ` !- J yQ�N.`O� aWap2-p4y {`NCH U N V Wm Jh 4 ZLld � a� W // 47� `CM O jO yyrr VIrI�/K Qd' 2#RWUW4 u WEEO rwm no au<yoy w 'u LL. tl CC � W wQ4 p � SV " A jGp 4pv 88 yy�� w1yK U OWN OWyW.'"= .�. Htry� O' O04J xOrgJ> !->��w Ut 4 J F VI.-.l7 4 rp y p� WO t=ur apaz pww �� a tt�yyjQW� rr� (i�� n` l�• �dlY Iw+ JX~ U �x cl 42 2 ^V U6 O c 004 2 d1- 5. U, b' 1 o ci ■ q Q Q � �o 0 kmu , 44�� o°ji� ads a vi Q- liJM4`�^ n .J q 0 Fig N O�I� NrN zO V1 0.avfr.xW cs 3ewQ4 3e 39 uz w$ U&0 o o �� An'M'0'H 9Nf1S/X3 /'M'0'H kl /M w > Nw a� 5 ,SG'MNJIN 31b15 '� g 8 w -' atozi9zio� a o u o U 0CID Z MAMA:YN �?W 2: Al : cc a (n ( /''z �: f] (�n60 160 a:ee 20 toll. to A AyluW yNO Ia>Ymuu�LIA y o � N MWW �AA`�J'•.S 2Cot if CL AT U 2voi(i Q �)'� i¢i �C) uN Zu `lv' 'ol '444 \\' T N� 2 i x v= , Ucm DOMAIN? r so O W cs :3 O�OU o .- -- > t w a w f'4I'009 Hlo/M 37HVIFNN O to O a :3 V) 13381S SN/J9/(! 1-11/10S � Ln � a o DRUM ti x o0'o8S M ofOfaffoo s r r r` ti r W N W acoowa�- (I�i --- ��OQ�f—m N o V' �f^ti :3N0in 89 O zmr a (Lib Z�FAA, O� LIMA i' Q 00 vL,o.; U W V F- ►- O p T Y 141 eF paa> u�a�-'-w Q.F—a a Z� () a � p zz F- (n3ciM F-�O 0 0 �` a �F-zV) J Z � �Y ir L �6 - \Jt n. 00LLJ N Wao> ` a i1r1 N UFY tortAll �a z zLij z � J6. dVolt '� o 3N F,NQm QS~S boom YYNN77 �� W.+W =Np3Z U F- W 1^ F-JF- OATa O^ 4 1-Vl K ONa 7✓ VJ3 J x0 ZuNY MAX Jb' `YA O HUIY-• vW/20yN7 .>-.O KJOOp K j own aONWOn WmW q 2 ^� UOU mN ~ZaY(Nl1 mWaa.Z+ N .Z.K.Z_. QKQ(OOO Y¢OwW 3 [ Yll 1 pK .-.o1-•K¢ w /f�� JUJ 3WOO WO F•YDfK Q1� ` 'n �! V6W'U SU ZUOw N3FiNi0 pj L uO W="' (-O NOO zd Q�U Z O� N¢n140w zOomr >J Q N24nNHH0 ai-u R0 Ju C U ono ooa oao uwa wu<wz' oa to UJu �4Z>4 mf-4130w d - rOa WQW 6>W.•OIa-oF K�u2W O0 vN6 rc�K ON�Nuz up-..A.OW p ..F OY 3J WN.-.x.rS f x uviOV W4R QOW WtAAA •a-�~ OWOJ FN dS>W KS e� OOp. <~ZQY4'O'i ZF t-Mw N.~-. 0 AMC wtI.W WA F fN]pppp���u Oa 3PAAA OOV=io pz 0 pp 1-U1- ?BW Alto Ko W> IY-0 pj UUU QO�NW" ~(-.Fj wu C uttu 2W ug to aOa.j'z u AX ..JW� w agozW KrcOu Fn �^ odd z arW-z(�vOia W 5 4 p c7 hpvC� "rr ct ai c U to)b�N� N 1 N OfolN JIT O: v(!1 ( O O dLl ❑ Q 7 Q I ` v ONE "� . vi in t,. O` OU (DUI �3 3 At _Iq wV_W wg+� O Q. All 1oA`W •- -- 3Nq 'M'D__ N`_.__ ,z, zwi o arc n J LLKO w u2 l.O.. y� Q �__�. LL 3 116Z!£0 N �� J x90 x xo -o svx-71 d()Od /Gd IQ%LW,LS ! M O N H10/M 379VIWN ���'` w Y u }>o sa sw w �!uls.vl 5 AVMH9/N 31V.Ls o� 0 z = ��� &U s &g z o 4 zz. u w u o'-Z z ~o zw F- 80'99�96£ !d _- o o W u u m z 1.42 O o ¢ J¢ z a u x" " N? o FAAAD AM ""Abool AMPlowsps AD 0O+16f ZO'Gb�S6£ Odd Z u Y O p 4 4 az , J a. J Z F W W O O NOz DR m J 00�56£ W W N >•FAA \WW N \L O W �. d ...�'�.-�+.•. r..._. - _ . —. _ F- w o w o z uL�3! ui rQQ o vi� a r� _I W K g m¢ o O wrz w>`Z o w�.( o J a a N a 0. a NN Nr 4 N. u � cU OIOZ/9Z/01 Form ROW N-PUAIC (Rev. 11/20) Page 1 of 5 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES WITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION STATE OF TEXAS § ROW CSJ: OQ47-04-02b § Parcel ID: P201 / P00002662 COUNTY OF COLLIN § Project No.: N/A This Possession and Use Agreement Far Transportation Purposes (the "Agreement") between the State of Texas, acting by and through the Texas Department of Transportation (the "State") , and City of Anna the "Grantor" whether one or more), grants to the State, its contractors, agents and all others deemed necessary by the State, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing a portion of State Highway No. 5 (the "Highway Construction Project"). The property subject to this Agreement is described more fully in field notes and plat map (attached as "Exhibit A") and made a part of this Agreement by reference (the "Property"), 1. For the consideration paid by the State which is set forth in Paragraphs 2 and 3 below, the receipt and sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State of Texas the right of entry and exclusive possession and use of the Property for the purpose of constructing a highway and appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Highway Construction Project. This Agreement will extend to the State, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the State in the future, and all others deemed necessary by the State for the purpose of the Highway Construction Project. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the State will tender to the Grantor the sum of 0.00 Dollars ($0.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use ofthe Property. The State will be entitled to take possession and use ofthe Property upon tender of payment. The parties agree that the sum tendered represents 0% percent of the States approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the State's determination of the just compensation owed to the Grantor for the real property interest to be acquired by the State in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the State has paid for the possession and use of the Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the State, the Grantor will promptly refund the.overpayment to the State. Porm ROW-N-PUAIO (Rev. 11120) Page 2 of 5 3. As additional consideration, the State will tender to the Grantor the sum of Three Thousand and no/100 Dollars ($3,000.00), the receipt and sufficiency of which is acknowledged. The parties agree that the sum tendered under this Paragraph 3: {i) is independent consideration for the possession and use of Grantor's Property and represents no part of the State's compensation to be paid for the anticipated purchase of the Property; and (ii) will not be refunded to the State upon any acquisition of the Property by the State. 4. The effective date ofthis Agreement will be the date on which payment pursuant to Paragraphs 2 and 3 above was tendered to the Grantor by the State, or disbursed to the Grantor by a title company acting as escrow agent for the transaction, (the "Effective Date"). 5. The Grantor warrants and t•epresents that the title to the Property is free and clear of all liens and encumbrances or that proper releases will be executed for the Property prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee title to the Property and further agrees to indemnify the State from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 6. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the State in the Property, for negotiation or eminent domain proceeding purposes, will be the Effective Date of this Agreement. 7. This Agreement is made with the understanding that the State will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all tights of compensation for the title and interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the State, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part (the "Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The State's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. There will be no project impact upon the appraised value of the Property. This grant will not prejudice the Grantor's rights to any relocation benefits for which. Grantor may be eligible. 8. In the event the State institutes or has instituted eminent domain proceedings, the State will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for• any period of time prior to the date of the award. Payment of any interest may be deferred by the State until entry of judgment. 9. The purpose of this Agreement is to allow the State to proceed with its Highway Construction Project without delay and to allow the Grantor to have the use at this time of a percentage of the estimated compensation for the State's acquisition of a real property interest in the Property. The Grantor expressly acknowledges that the proposed Highway Construction Project is for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Highway Construction Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain, has no valid public use for the Property, or that Exhibit "A" County: Collin Page 1 of 4 Highway: State Highway 5 REV. October 24, 2018 STA. 395+09.77 to STA. 395+57.20 R.O.W. CSJ: 0047-04-026 Description for Parcel 201 BEING a 0.0074 acre parcel of land, situated in the Henry Brantley Survey, Abstract Num71, City of Anna, Collin County, Texas, and being part of a tract of land conveyed by deed to Joiner Construction Co., and recorded In Volume 2250, Page 244, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a 1 112 inch iron pipe, {controlling monument} (CM), found in the northeast corner of a tract of land conveyed to Jonic Investments, LLC., recorded in Instrument No, 20131001001367560, O.P.R.C.C.T., and being in the south right of way line of West 5th Street (called 80 foot right of way) same being in the west line of South Riggins Street (variable width right of way) from which a 1/2 inch iron rod (CM) found bears S 89° 12' 15" E, a distance of 234.88 feet for the northeast corner of a tract of land conveyed to the City of Anna as recorded in Instrument No. 20160929001311580, O.P.R.C.C.T. and being in the south line of West 5th Street; THENCE S 00° 38' 01" W, departing said West 5th Street and along the west right of way of said South Riggings Street, a distance of 580.00 feet to the southeast corner of said Joiner Construction Co. tract and being in the north line of West 7th Street (called 80 foot right of way); THENCE N 890 12' 34" W, departing said South Riggins Street and along the common north right of way line of West 7th Street and the south line of said Joiner Construction Co, tract a distance of 596.32 feet to a set 5/8 inch iron rod with pink cap stamped "TXDOT SURVEY MARKER, RIGHT OF WAY MONUMENT"** (hereafter referred to as TxDOT Monument) at the POINT OF BEGINNING on the new easterly right of way line of State Highway 5 (variable width right of way), and being 72.66 feet right of Station 395+09.77, and having N,A,D. 83 (2011 Adjustment) Texas State Plane, North Central Zone (4202) surface coordinate of Northing 7,179,447.99 and Easting 2,563,930.30, 1. THENCE N 890 12' 34" W, continuing along said common line, a distance of 21.02 feet to a Angie Iran found (CM} far the southeast comer of said Joiner Construction tract and being in the existing right of way of State Highway 5(variable width right of way) recorded in Volume 297, Page 632, Deed Records, Collin County, Texas (D.R.C.C.T.); 2. THENCE N 030 12' 48" E, departing said common line and along the common east line of said existing easterly right of way of State Highway 5, and the west line of said Joiner Construction tract, a distance of 47.61 feet to a set TxDOT Monument** for corner and being in the new easterly right of way of State Highway 5 and being 54.49 feet right of station 395+67,20, 3. THENCE S 01 ° 26' 26" E, departing said existing westerly right of way of State Highway 5 and along the new easterly right of way line of State Highway 5 a distance of 20.68 feet to a set TxDOT Monument** for corner; Form ROw-N-puAIC (Rev. 11 /20) Page 4 of b GRANTOR: By. Printed e: Jim Pic Title. (' 1 3L 4 11 L U Y1 aLl mil'' (City o Anna) Date: q, f a0140optl By: Printed Name: Title: (if GRANTOR is an entity other than an individual person} Date: Corporate Acknowledgment State of Texas County of This instrument was acknowledged before me on of corporation, on behalf of said corporation. The acknowledging person personally appeared by: Z" physically appearing before me. `❑ appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code chapter 406, subehapter C. CABBIE L. LAND My Notary IQ # 11419404 Expires February4, 2023 Notary Public's Signature Form ROW N-PUAIc (Rev, 11f20) Page 6 of 6 THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission, By: Right of Way Manager Date: Farm RW"0114Pl1AIG (Rev. 11 t20) Page 3 of 6 acquisition of the Property is not necessary for the public use. 10. The Grantor reserves all of the oil, gas and sulphur in and under the all herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Nothing in this reservation will affect the title and rights of the State to take and use all other minerals and materials thereon, and thereunder. 11. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against Property, including prorated taxes for the year in which the State takes possession under this agreement. 12. Notwithstanding the acquisition of right of possession to the Property by the State in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the State acquires title to the Property either by negotiation, settlement, or final court judgment. 13. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 14. It is agreed the State will record this document. 15.Other conditions: None. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the limitations set forth above. Exhibit "A" County: Collin Page 2 of 4 Highway: State Highway 5 REV. October 24, 2018 STA. 395+09.77 to STA. 395+57.20 R.O.W. CSJ: 0047-04-026 Description for Parcel 201 4. THENCE S 33° 17 21 E, along the new easterly right of way IV State Highway 5 a distance of 32.49 feet to the POINT OF BEGINNING and containing 323 square feet or 0.0074 acres of land. Basis of Bearings is the Texas State Plane Coordinate System, North American Datum 1983 (2011 Adjustment), Position (Epoch 2010), North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.0001527104 "'' The monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. This property description is accompanied by a separate plat of even date. I, Harry L. Dic{cens, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Harry L. Ickens, R.P.L.S. Date Texas R6gistration No. 5939 �F' C0 �'F TF LAlto ina T. Ramey & Associates, Inc. �; 4 oilJ 3320 Belt Line Road HARRY L. DICKENS Farmers Branch, Texas 75234 v.,"' Ph. 214-979-1144 Wool •.•,p0 5939 ae. Q-, %TBPLS FIRM NO. 10140700 �ij%°e•s s•)v�o SUR Rw a a k ci r Tc N lQ o -• w o u,oa J�aQ __�tr- .I _ r- a x N L_ �'' W Qa00wcrt V aaso .<,.. tn Q"1�V) QErZzW rm Ld u CD 0O wo Lim 0 ZO a C'! jai M Q O > ti ti, N S Q V lal o V < N1 t- 4.Q 0Q Z V w V w z F M W • xNxUxNa Z.. Qp JF .Zi W .Z-.W ZNOZ2 u OF W • yF pJF Gy^ p • ya�O www G LL. • 0 Nq O pW l— � ppp mN�Np I��8N gW�KQ6Z N Z 4Qp U0.4w'yU.VuO~tg #�wO O W �wp yyo l¢pff. zp yp WW W� 2'pp�ti OO Epp} pN aim pw§M'iw'S 11 'yo WW Q a�VU O(v UJ� x LL0 M4 m�QLLOW ad A o$rK p 1- Ewa YOE 0�z� �� poi UCQ-S h uF 80gm z 9 xM, Fs ON6 a f U BLLa uNa�m o UG 0,r, t�ng Q z a o� 3p a ?: W6 U k 2 N�+U 41+0 0 O 0 �.49W 2p2pxx �. $N tiR�V ix 51-�z Kh �♦ W U C a F N O 6j qL U w 0;< S CUM odd z < 12014 aBMW 4U � m 00. Q C) , W� 1 uLL �p „o Lcvu�", Rio oNqaM AN�Y] m .wz� iM o a¢ QO JM��t'n"1 J 0.1Y0 w u bd Q. Q1� ` Cud CW IZ- HO 4-N x z u ai s� tt 4J0.V1n.iW $' z pp�y po°du pp� QNIn 6' w OCN W ----_ gym &F� 0 , F _ 3N/7 'M'0't! `J/g ' W "d `o` e w 'Ln�qo3 m. A N10/M 379V1WN W a 'ih ua S w vw,i� MfI�IN 3.Ly�S _! 910Z/9d/01 u O H O � L n 00Z : �:IWO tj r N O LLI In cl! C\ Ln In M LA l n J W to i h��1 W W �J'.. �y : 2Q,• Y k ~ o cW. 7 vUi , 44 2 u�i v� fIl Q ? Q i '\� U N z 4 Q Y N WZt Oil �o LLJ UU' N W ti o� 0 > omit H10/M 319V1HVN 133�115 SN/90/�/ lutonc O `n 0 Ln a o Q tix .00'ORS M ✓O rfoo S r' >- LLI >- t` N `n W QV00W0:F— (i� V - > 3OOZ W .. yIn �0=O 4F-03 Q ~ ma uiri N0JZ2>"N a�ms LLJ hQDF— cr OS7 li z�O�w V) W U d� m (1z 0 Kx < >Q �, U IX < O W a v)�� �z r0.V13daw�?0 �V) ZV J k J ) �� n. 001.) WQOW y p• X a H 02 chi tics z w w _ CD p "a z w pX w WJH OPQO? Q h-VI~ � Zk ClZUZ wwO >-'6 W6 ,•\ 1_� 'LL] ¢ONWOh uOu MNH>N mUP ( JOJ aF 01 IpO�a_0 1 Wlx W i. h, own 3wo0u- (n (/) umu Ouau¢ wawoo 04¢ w 2 z 04 NgF " 4� u(.. ox�nF o oo(�n z0. pV y- O j ofrr v1O¢ zo�K} iJ ((OOVVjj J wow WO a u O will (.i woo zmolt- i- aJ u OOOQ ¢°'0 2 uw< wu4W& 4Oa (O 8Ju mwz>LL mom+ Ow �N4 (Wy'.a.�¢ w�W"O� 0E- K¢Qzx C)0 ' U n u soouz u"•.Ow .. L ti wu.Q uVll mwm 4)'~Y 01v-i- 41= N WU.� a m`- oww". 4 aoa nw0.1Q 0 as>W uX ` O 44(Z 4o W~w6(X w3 ° -•u a 000 o a ~ zK¢O za Zu2'nw YO gw-4w x0w> r- m uuu au$d(0v w.mz. �•"�=.�� wu _ umu 0 MOM a1� iaJKN o� i W� oo'd f¢¢u ~mozKaK O zaz0:» au I-wv4 3 ai i i Q 33 W 4. . � �Ci�NV to O puI NN ut� I U 00 a 4 0 2 N �nr� y�I ( 0 0 inl, ■ 67 ❑ Q u v '1V_ 6N (nn-0', r). vkiS .l' dy v (goo _ I (t f¢•r ��ii���(�i u0 c u� o c wow IN i. c • V 3N/7 'AI'0'f/ 011/1S/X3 zza , zwi o s r YF W aW 86.Z1.60 N a¢ o u x o ,1,�, � .19'/.b 3 � , z� xd && xo (?F9 'Of/16? '7QIj ('M'0' J=i� SVX.71 -1(�$ QI 5 H10/M 379V1WN � o z OW oa $o H9/H 3-Lv s oS' 0 Z Z RIA� o w ¢N z o i_ $ u o oSz W� o &w 0 o — - - T099.061 dd w u wm o 0z z J um .� rc z a u 0uraJ o w�ZO'6V•56£ 0Hd Z z w w o o moz ma m 00•Sli£ W m 0 ppo > G. z z r�O S r z n - �+•'.L.:.� . _ .—. W W K O ¢ O W I- W X O J .J� a s 0 a 2 a WW§wt- U. ON O u 0 v�o�iea/ol Form ROVWA-RA (Rev. 06/11) Page 1 of 1 ACKNOWLEDGMENT OF RECEIPT OF APPRAISAL REPORT County: Collin Federal Project No.: N/A ROW CSJ No.: I, DD47-D4-D26 District: Dallas Parcel ID: P201 (P00002662 Highway: SH 5 hereby acknowledge receipt on of a copy of an appraisal 1•epol•t prepared by T. J. Smith dated December 27, 2018 related to the above pa1•cel. I acknowledge that this appraisal report is subject to the copyright laws of the United States and that any republication or redisclosure is prohibited without the express written consent of the Texas Department of Transportation. Signature of Owners) l Signature of Owners} Date ACKNOWLEDGMENT OF RECEIPT OF LANDOWNERS BILL OF RIGHTS County: Collin Federal Project Na.: N/A ROW CSJ Nab I, 0047-04-026 Signature of Owners) Signature of Owners) District: Dallas Parcel ID: P201 ! P00002662 Highway: SH 5 hereby acknowledge receipt on of a copy of the State of Texas Landowner's Bill of Rights dated August 2020. Date