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HomeMy WebLinkAboutRes 2014-07-07 Development Agreement with Fellowship of Plano.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-07-07 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH FELLOWSHIP OF PLANO. WHEREAS, the City of Anna, Texas (the "City") has negotiated a Development Agreement for the acquisition of right-of-way, and a sewer and trail easement with Fellowship of Plano, the owner of a 7.466 acre tract of land located in the Joseph Schluter Survey, Abstract No. 546, and; WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that approval of the Development Agreement will benefit the City and is in the best interests of the citizens of Anna; 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. Approval of Development Agreement. The City Council hereby approves the Development Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take necessary to finalize, act under, and enforce the Agreement. all other actions PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 22nd day of July, 2014. RES. 2014-07-07 Development Agreement w/Fellowship of Plano PAGE 1 OF 1 07-22-14 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Fellowship of Plano ("Owner"). The term "Owner" includes all owners of the Property and each of the owners of the Property are jointly and severally bound to the obligations of the "Owner" under this Agreement. WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties"; and WHEREAS, it is the Parties mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any other agreement between the Parties and the City's ordinances and other regulations only to the extent that any such agreements, ordinances or regulations directly conflict with the terms of this Agreement; and WHEREAS, the Owner owns a parcel or parcels of real property (the "Property") in Collin County, Texas, which is located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached EXHIBIT A; and, WHEREAS, the Owner desires to dedicate a portion of the Property to the City for the purpose of constructing and maintaining a roadway, sewer utility lines and a hike and bike trail (the "Land Dedication for Public Use"); and WHEREAS, in consideration of the Land Dedication for Public Use, the City agrees to forgo collection of certain Development Fees otherwise required to be paid in connection with the development of the Property; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Owner: Section 2. Terms. Unless the context requires otherwise, and in addition to the terms defined above, the following terms and phrases used in this Agreement have the meanings set out below: Development Fees means Water Impact Fees and Wastewater Impact Fees. Water Impact Fees means any applicable water impact fee described in Part IV, Article 7, Section 13 of the Anna City Code of Ordinances. Wastewater Impact Fees means any applicable wastewater, sanitary sewer, or sewer impact fee described in Part IV, Article 7, Section 13 of the Anna City Code of Ordinances. Section 3. Land Dedication for Public Use. 1. The Owner shall donate by irrevocable deed of dedication for public. use, the form and content of which is attached to this Agreement as EXHIBIT B, approximately 0.389 acres of land to the City of Anna currently intended by the City to be used for the development of roadway facilities. Owner shall duly execute and deliver a copy of said deed of dedication to the City within 30 days of the effective date of this Agreement. 2. The Owner shall dedicate to the City of Anna approximately 0.135 acres of land to be used as a permanent sewer and trail easement, the easement dedication form and content of which is attached to this Agreement as EXHIBIT C. Owner shall duly execute and deliver a copy of said easement dedication to the City within 30 days of the effective date of this Agreement. Section 4. Development Fees. Provided that the Owner fulfills its obligations under this Agreement, the City agrees that it shall not be entitled to collect, and shall forgo collection of, the Development Fees that would normally be charged in connection with the installation of a single one inch (I") water meter to be located on the Property. No other impact fees or other fees associated with development of the Property are waived under this Agreement. Section 5. City agrees to allow Owner to construct a driveway from the adjacent roadway to the Property in accordance with applicable City ordinances and regulations. Section 6. Effective Date. The effective date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and the Owner has duly executed same. Section 7. THE OWNER COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT, AND (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT. Section 8. This Agreement maybe enforced by the City by any proceeding, at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. The Owner's sole remedy for nonperformance by the City shall be to seek specific performance of the terms of this Agreement. This Agreement does not waive any rights or immunities otherwise existing under law unless expressly set forth herein and the Parties understand and agree that this Agreement is not one for the provision of goods or services to the City by the Owner or any other person. Section 9. Exclusive jurisdiction, forum and venue for any dispute arising out of this Agreement shall be in Collin County, Texas. Section 10. Notwithstanding any other provision of this Agreement, Owner and its successors or assigns must comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances not in conflict with this Agreement. Section 12. This Agreement is for the sole and exclusive benefit of the City and the Owner and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by notice to the other parties. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Owner: Fellowship of Plano 303 W. Grand Street Whitewright, TX 75491-2144 [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Fellowship of Plano Printed Name and Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of 12014, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument. Notary Public, State of Texas CITY OF ANNA Philip Sanders, City Manager Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the day of 12014, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna. 1 20140411000348300 04/11/201410:45:43 AM Dl 1/3 GF# 1917423-HXF69 (AH) AFTER RECORDING, RETURN TO: Fellowship of Plano 303 W. Grand Street Whitewright, Texas 75491 GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING I; FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN i , BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUM EM Gra Gra Gra P. raj toge prop imp] Pert this chan secu right or bf right a part hereof; 4 on said real property and e year in which ►r years due to , and the liens id prescriptive 4 to Grantee at its, easements, led Exceptions do not in,p' idetjiens or c liveyances affecting the Property, unless same are expressly identified in this Deed. M-reservat'3ns, conveyances and leases of oil, gas or other minerals identified in Schedule B of tment furnished to Grantee at or before execution and delivery of this Deed, if any, are Permitted Exceptions. 1917423 GWD.doc For TEN DOLLARS ($ 10.00) and other valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor has GRANTED, SOLD AND CONVEYED and by these presents does GRANT, SELL AND CONVEY unto Grantee the Property, to have and to hold the Property unto Grantee and Grantee's heirs, executors, administrators, successors and assigns forever, subject to the Permitted Exceptions. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to warrant and forever defend title to the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns, subject to the Permitted Exceptions, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. Executed on the date of the acknowledgment below, but effective as of the `Sec lvDate sef forth above. 17 Life Fellowship Wries, 1 �.✓ 1r %T Texas non- fi reli ' s corporation 1' , STATE OF Q - COUNTY OF This instrument fcknoy Ic non-profit religious c oratior(,lon b( ao No,arY`r'+�" fission Axl MY Co, 014 My Comm►ssio� xs iv«Y 2 1417423 GWD.doc -2- 2014, by r' of Life Fellowship Ministries, a Texas non-pro fitcorporation. Nota Notary's PrinteAffyped Name EXHIBIT `cA" BEING a tract of land situated in the Joseph Schluter Survey, Abstract No. 856, Collin County, Texas, being the remaining portion of a 17.612 acre tract land conveyed to Charles L. White, by deed recorded in Volume 1237, Page 586, Deed Records Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the center of County Road No. 367, said point being the Northwest corner of said 17.612 acre White tract, same being the Southwest corner of a 17.612 acre tract of land conveyed to Steven G. Hodge and Nicole D. Bass, by deed recorded in County Clerk File No. 95- 0054203, Deed Records, Collin County, Texas, said point of beginning being the Ng�-t�iwest come. ;. of roadway or comer; THENCE: South 86 degrees 53 minutes 15 seconds East, with the South liiie-of said 17.69,*re Hodge tract, same being with the North line of said 17.612 acre White tract, passing a-/2, in-wh iron rod found at a distance of 27.67 feet, passing a 12 inch iron rod found ata distanr.it 162,)L71 feet, and continuing a total distance of 1712.70 feet to a point in the cent 4oi 4 creekXf�r corner; THENCE South 12 degrees 46 minutes 43 seconds West, with lj e' 6r er of said`craik, a distance of 199.56 feet, a point for corner; THENCE North 86 degrees 35 minutes West, with Nortlof 4. 110.27 acre tract of land conveyed to Roy L. and Paulette Andrews, by deed rep'ordidCount,� Clerk File No. 97-0036265, Deed Records, Collin County, Texas, passing a %uiIniron`ro\found at a distance of 100.00 feet and passing a 1/ inch iron rod found at a distane • 163$.96 feet � continuing a total distance of { 1669.0 to a point in the center of said County o'ad 1,0!367, a railroad spike set for corner; THENCE North with the said center oft unit Road 'Np, 367, a distance of 188.15 feet to the PLACE OF BEGINNING and CONTik, 'T U47.466 acres of land, more or less. Piled and Recorded Official Public Records Stacey Kemp, County Clerk 1917423 GWia.doc r Collin County, TEXAS 04/11/2014 10:45:43 ANI -3- -c- $30.00 DPOSTER 20140411000348300 Notice of Confidentiality Rights: If you are a natural person, you may remove or stripe 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. DEED STATE OF TEXAS COUNTY OF COLLIN WHEREAS, the City of Anna, Texas, County of Collin, State of Texas (the "City"), a home -rule municipality, is authorized under the Texas Local Government Code to acquire land and such other property rights, including acquisition of street(road/highway right of way deemed necessary or convenient to a City road project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a road project providing for public transportation; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, Fellowship of Plano, hereinafter referred to as "Grantors," whether one or more, for and in consideration of the sum of Ten dollars ($10) to Grantors in hand paid by the City, hereinafter sometimes referred to as Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the Grantee all that certain tract or parcel of land lying and being situated in the City of Anna, County of Collin, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress 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 rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Grantors hereby acknowledge that their use of and access to the City street/road/highway to be constructed in conjunction with the public road facility of which the land hereby conveyed shall become a part (herein called "Road Facility"), shall be and forever remain subject to the same regulation by legally constituted authority as applies to the*public's use thereof, and Grantors further acknowledge that the design, construction and operation of such Road Facility requires and Grantor hereby grants rights of ingress and egress and the right of direct access to and from Grantors' remaining property (if any) to said Road Facility as may be necessary for Road Facility construction, alteration or redesign. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the Grantee and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of tj , 2014. GRANTOR: �atuure M �f�i2YL� 1 Printed name Acknowledgement State of Texas County of Collin This instrument was acknowledged before me on_l�by��W� `%h • 1 ""-, Nota Public's Signature 4 Lauretta Kay Btacketer My Commission Expires ....�}� 04/0112017 N INSTR, #98-0100210 O,P.R,C.C,T. RO.C.42" IRON ROD (FOUND) I -F ' I Line Table Line # Length Direction L1 186.90 N01 036'48"W L2 93,32 S88009'52"E L3 136.91 S01036'48"E L4 90.20 N87049'02" W L5 277.79 N01036'48"W U M J d x'--120' WIDE R.O,W, DEDICATIONS INSTR, #20060608010002450 e2.00 G. O,P.R.C.C.T. 1/2" IRON ROD (FOUND) S88009'52"E 1528,64' A PROPOSED 90' WIDE FELLOWSHIP OF PLANO RIGHT-OF-WAY CALLED: 7.466 ACRES 0.389 ACRES INSTR, #20140411000348300 — (16,938 SID FT) O.P.R.C.C.T. r I I 1 1 1 1 :P 8LOOMFIE TROY QUEEN AND WIFE, ELOELLA QUEEN CALLED: 10.27 ACRES VOLUME 5707, PAGE 4433 O.P.R,C.C.T, CALLED: 58 ACRES INSTR, #20121002001246520 O,P,R,C,C.T. 1 Curve Table Curve Len th I Radius Delta I Chord Brq, Chord Len th C1 f 50..46 .1 940,00-IL03°04'32" O.P.R,C.C,T, 1 SOI -57'44"W 50.45 SURVEYOR'S CERTIFICATE That I, Harry L. Dickens, do hereby certify that I hove prepared this plot and the field notes shown hereon from on on the ground survey of the fond, and this plot is a true, correct and accurate representation of the physical evidence found at the time of the survey, that the corner monuments shown hereon were found and/or placed under my personal supervision. DATED this the 30th day of Harry L. Dickens 05/30/2014 Registered Prof%/ nai Land Surveyor Na, 5939 TIPTON ENGINEERING Aff ' a division of Westwood 2740 North Dallas Porkway, Suite 280 Plano, Texas 75093 Ph:(972) 793-0300 Eng, Firm No. F-11756, Tx Survey Firm No. 10074301 1/2" IRON ROD (FOUND) 10 NOTES: 1 ALL DISTANCES SHOWN ARE TEXAS STATE PLANE, NAD83 (2011), TEXAS NORTH CENTRAL ZONE 4202, U,S. SURVEY FEET WITH A COMBINED SCALE FACTOR OF 0.999851303. BEARINGS BASIS IS GRID NORTH. 2. PROPERTY DESCRIPTION WITH SAME DATE ACCOMPANIES THIS PLAT, LEMND P.O,C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING P,R,C_C.T. = PLAT RECORDS, COLLIN COUNTY, TEXAS O.P.R,C.C,T, - OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS = MONUMENT FOUND (AS NOTED) p = 5/8"IRON ROD SET W/ CAP STAMPED "WESTWOOD" SCALE 1" = 200' Joseph Schluter Survey - Abdrad No, IN% City of Amm, CoUfn County, Tans Sheet: 1 or 2 Date: 5/30/14 0003813—ROW2. dwg EXHIBIT A 90' WIDE RIGHT—OF—WAY 0.389 ACRES BEING a 0.389 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 546, City of Anna, Collin, County, Texas, and being a portion of a tract of land described in deed to Fellowship of Plano, recorded in County Clerk Instrument No. 20140411000348300 of the Official Public Records, Collin County, Texas (OPRCCT) and being more particularly described as follows: COMMENCING at a 1/2—inch iron rod found in the east line of Oak Hollow Estates, Phase 2, recorded in Cabinet 0, Page 392 of the Plat Records of Collin County, Texas (PRCCT) at the southwest corner of a tract of land described in deed to Troy Queen and wife, Eloella Queen, recorded in Volume 5707, Page 4433, (OPRCCT) and the northwest corner of a tract of land described in deed to Bloomfield Homes, L.P., recorded in County Clerk Instrument No. 20121002001246520 (OPRCCT); THENCE North 01 Degrees 36 Minutes 48 Seconds West, along the common east line of said Oak Hollow Estates, the some being the west line of said Queen tract, a distance of 277.79 feet to a 5/8—inch iron rod with yellow cap stamped "WESTWOOD PS" set at the northwest corner of said Queen tract, the some being the southwest corner of the aforementioned Fellowship of Plano tract for the POINT OF BEGINNING of the tract of land described herein; THENCE North 01 Degrees 36 Minutes 48 Seconds West, along the common east line of said Oak Hollow Estates, and the west line of said Fellowship of Plano tract, a distance of 186.90 feet to the northwest comer of said Fellowship of Plano tract and the southwest corner of a tract of land described per plot to Anna Elementary School #2 Addition, recorded in County Clerk Instrument No. 20060608010002450 (OPRCCT), the same being the southwest corner of an existing 120 foot wide right—of—way as dedicated by said plat to Anna Elementary School #2 Addition; THENCE South 88 Degrees 09 Minutes 52 Seconds East, along the common line of sold Fellowship of Plano tract and said Anna Elementary School #2 Addition, a distance of 93.32 feet to a 5/8—inch iron rod with yellow cap stamped "WESTWOOD PS" set at the southeast corner of said 120 foot wide right—of—way, from which a 1/2—inch iron rod found in said common line bears South 88 Degrees 09 Minutes 52 Seconds East, a distance of 1528.64 feet and being the beginning of a non—tongent curve to the left, having a central ongle of 03 Degrees 04 Minutes 32 Seconds, a radius of 940.00 feet and a long chord that bears South 01 Degrees 57 Minutes 44 Seconds West, a distance of 50.45 feet; THENCE along said curve to the left, on are length of 50.46 feet to a 5/8—inch iron rod with yellow cap stomped 'WESTWOOD PS" set; THENCE South 01 Degrees 36 Minutes 48 Seconds East, a distance of 136.91 feet to a 5/8—inch iron rod with yellow cap stamped "WESTWOOD PS" set in the south line of said Fellowship of Plano tract and the common north line of the aforementioned Queen tract, from which a 1/2—inch iron rod found in said common line bears South 87 Degrees 49 Minutes 02 Seconds East, a distance of 1477.82 feet; THENCE North 87 Degrees 49 Minutes 02 Seconds West, along the common line of said Fellowship of Plano tract and said Queen tract, a distance of 90.20 feet to the POINT OF BEGINNING and containing 16,938 square feet or 0.389 of on acre of land within these metes described. Bearings for this description cited are based on Grid Nor e Plane Coordinates of the Texas Coordinate System NAD83 (201 1) Texas North Central Zone (4202), 6 pF TIPTON ENGINEERING a dlvlslon of Westwood == 2740 North Dollos Porkwoy, Suite 280 Plano, Texas 75093 Ph: (972) 793-0300 Eng, Firm No. F-11756, Tx Survey Firm No, 10074301 Joseph Schluter Survey a Abstract No. B5ti City of Anna, Collin County, Toms IBIS' A Sheet. 2 op 2 Date: 5/30/14 0003813—ROW2.dwg PERMANENT SEWER AND TRAIL EASEMENT Date: LL/ L/2014 Grantor: Fellowship of Plano Grantee: City of Anna, Texas, a municipal corporation Grantor's Mailing Address: Grantee's Mailing Address: 303 W. Grand St. P.O. Box 776 Whitewright, TX 75491-2144 Anna, Texas 75409 in Collin County, Texas Grantor's Property: The Grantor's Properly is a 7.466 acre tract of land located in the Joseph Schluter Survey, Abstract No. 546, City of Anna, Collin, County, Texas, said tract described in a deed to Fellowship of Plano, recorded in County Clerks Instrument No. 201404.11000348300, Official Public Records of Collin County, Texas (OPRCCT) and shown by Collin Central Appraisal District Property Identification Number 1012852. Permanent Utility Easement: The Permanent Utility Easement ("Easement") is 0.135 acres of property within Grantor's Property, said 0.135 acres being a strip of land approximately 30 feet wide. A metes and bounds legal description of the Easement is attached as Exhibit A. Easement Purpose: As more fully described herein, to construct and use sewer utility lines below the surface, and to construct and use a hike and bike trail above the surface, 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 sewer utility lines, and a hike and bike trail, together with all and singular the rights and appurtenances thereto in any way belonging, (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 utility lines, trails, and their appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as maybe necessary to prevent possible interference with the operation of said lines and trails or their appurtenances, or to remove possible hazard thereto. Grantor recognizes that the general course of said lines, trails, 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, trails 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 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. Temporary Secondary Easement: Grantee has the right (the "Temporary Easement") to use up to 50 feet of the surface of the property that is adjacent to the Easement ("Adjacent Property") as may be reasonably necessary to construct and install the facilities within the Easement that are reasonably suited for the Easement Purpose. After full completion of Grantee's construction and installation of improvements, whichever occurs first, the temporary secondary easement shall expire. Except for the replacement of trees and shrubs, Grantee must reasonably restore the Adjacent Property and the Temporary Secondary Easement to its previous physical condition if changed by use of the rights granted by this Temporary Secondary Easement. Fellosl fPlano m By w % Print Name: AA ACICNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the /,J day of G , 2014, byCt. Y III 6LV) e1Vho states under oath that he/she is the owner of Grantor's Property described herein and has the authority to ecute this docu ent. t , e 6 t 1 =C -A - No ary Public, State ofT Aas er .._ EXHIBIT A SEWER AND TRAIL EASEMENT 5,882 SQUARE FEET OR 0.135 ACRES BEING a 0.135 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 546, City of Anna, Collin, County, Texas, and being a portion of a tract of land described in deed to Fellowship of Plano, recorded In County Clerks Instrument No. 20140411000348300 (OPRCCT) and being more particularly described as follows: COMMENCING at a 3/8 -Inch Iron rod found in the east line of Oak Hollow Estates, Phase 2, recorded in Cabinet O, Page 392 of the Plat Records of Collin County, Texas (PRCCT), the southwest corner of said Fellowhip of Plano tract and the northwest corner of a tract of land conveyed to Troy Queen and wife, Eloella Queen, recorded in Volume 5707, Page 4433 (OPRCCT); THENCE South 87 Degrees 43 Minutes 37 Seconds East, along the common south line of said Fellowship of Plano tract, the same being the north line of said Queen tract, a distance of 1545.19 feet to the POINT OF BEGINNING; THENCE North 02 Degrees 04 Minutes 58 Seconds East, a distance of 195.97 feet; THENCE South 88 Degrees 01 Minutes 41 Seconds East, a distance of 30.00 feet; THENCE South 02 Degrees 04 Minutes 58 Seconds West, a distance of 196.13 feet, to the common south line of said Fellowship of Plano tract and the north line of said Queen tract; THENCE North 87 Degrees 43 Minutes 37 Seconds West, along said common line a distance of 30.00 feet to the POINT OF BEGINNING and containing 5,882 square feet or 0,135 of an acre of land within these metes described. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88. PAGE 2OF2 N 1 P.O.C.-318° IRON ROD (FOUND) FELLOWSHIP OF PLANO CALLED: 7.466 ACRES INSTR. #20140411000348300 I O.P.R.C.C.T. 50' WIDE TEMPORAR CONSTRUCTION EASEMENT 1545.19 TROY QUEEN AND WIFE, ELOELLA QUEEN CALLED: 10.27 ACRES VOLUME 6707, PAGE 4433 O.P.R.C,C.T. CALLED: 66 ACRES INSTR.#20121002001246520 . OR.R.C:Q.T. Line Table Line # Length Direction L1 195.97 NO2004'58"E L2 30.00 S88001'41"E L3 196.13 S02004'56"W L4 30,00 N8704337"W MW TIPTON ENGINEERING a division of Westwo 2740 North Doilon Porkwoy, Suite 280 Plono, Texas 75093 Ph:(972) 793-0300 Eng. Firm No. F-11756, Tx Survey Firm No. 10074301 FA PROPOSED 30' WIDE Qo' L4 SEWER AND TRAIL EASEMENT 0.135 ACRES (5,882 SQ FT) LEGEND O.P. R. C. P OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS P.08. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT a MONUMENT FOUND (AS NOTED) Wide r imd Trail e# Joseph Schlutar Smay - Abstract No. 686 CJIy of Ante, Collin County, +Taxer E I" = 200' Sheet, -1 or 2 Aatt 5/13/141 0000733ES03A_R Ldwg