HomeMy WebLinkAboutRes 2016-09-231 Anna Outer Loop Ltd. agreementCITY OF ANNA, TEXAS
RESOLUTION NO. d.Ollo -O q-(/3\
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND ANNA OUTER LOOP LTD. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Anna Outer Loop Ltd . (the
"Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement 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 set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 2?1h
day of September, 2016.
ATTEST:
City Secretary, Carrie -. Smith
~ * ~ -. -. -::; .
STATE OF TEXAS
COUNTY OF COLLIN
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l~jll~l~!~~!~~ml~l llllll!Jlll!~i16 Ii : 43 : 55 AM AG 1181
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas
Local Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of
the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement
as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel or parcels of real property (the "Property") in Collin
County, Texas, located in the W.E. Throckmorton Survey, Abstract No. 899 and the
William Kitchens Survey, Abstract No. 505, and further described in the attached Exhibit
"A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term (defined
below) and as otherwise stated in this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records
of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
(a) The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the Term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex
the Property, agrees not to involuntarily institute proceedings to annex the
Property, and further agrees not to include the Property in a statutory annexation
plan for the.~erm of thi~ Agreement. However, if the Property is annexed pursuant
to the prov1s1ons of this Agreement, then the City shall provide services to the
Property pursuant to Chapter 43 of Texas Local Government Code.
(b) The City hereby approves and agrees to execute the Quitclaim Deeds attached
hereto as Exhibit 1, Exhibit 2, Exhibit 3, and Exhibit 4.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for the
Existing Land Uses or for agriculture, wildlife management, and/or timber land
consistent with Chapter 23 of the Texas Tax Code, without the prior written consent
of the City.
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the City's corporate limits, until the Property has been annexed into, and zoned
by, the City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs
this Agreement 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 the Agreement,
arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the Owner,
and the Property will be subject to annexation at the discretion of the City Council.
The Owner agrees that such annexation shall be voluntary and the Owner hereby
consents to such annexation as though a petition for such annexation had been
tendered by the Owner. If annexation proceedings begin pursuant to this Section
2(e), the Owner acknowledges that this Agreement serves as an exception to Local
Government Code Section 43.052, requiring a municipality to use certain statutory
procedures under an annexation plan. Furthermore, the Owner hereby waives any
and all vested rights and claims that they may have under Section 43.002(a)(2)
and Chapter 245 of the Texas Local Government Code that would otherwise exist
by virtue of any actions Owner has taken in violation of Section 2 herein. The
Owner further agrees that the Owner will not in any manner contest any annexation
of the Property initiated by the City under this Section 2(e) or any annexation of
the Property completed by the City after the Term of this Agreement.
(f) Owner covenants and agrees to fully execute the Water & Sewer Easements
attached hereto as Exhibit 5, Exhibit 6, Exhibit 7, Exhibit 8, Exhibit 9, Exhibit 10,
and Exhibit 11 and to deliver same to the City within 10 days of the Effective Date.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. 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, acknowledged by a
notary public, and the City Council has duly adopted this Agreement. No party shall have
any duty or obligation under this Agreement unless and until the City Council has adopted
this Agreement.
Section 5. TERM
(a) The term of this Agreement (the "Term") is three (3) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be deemed
to have filed a petition for voluntary annexation before the end of the Term, for
annexation of the Property to be completed on or after the end of the Term. Prior
to the end of the Term, the City may commence the voluntary annexation of the
Property. In connection with annexation pursuant to this Section 5(b), the Owners
hereby waive any vested rights they may have under Section 43.002(a)(2) and
Chapter 245 of the Texas Local Government Code that would otherwise exist by
virtue of any application, plan, plat or construction any of the Owners may submit
or initiate during the time between the expiration of this Agreement and the
institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential -Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of the
Property's permanent zoning in accordance with the provisions of applicable law and the
City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells ~r conveys any portion of the Property shall, prior to such
sale or conveyance, give written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any provision of this Agreement
is void or unenforceable, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way to
this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this) 7 day
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Philib sa?ci~r?· v " '"~ •··
City Manage(, Cily of Anna, Texas
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THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the J. 7-day of_a_~_·A_D_b_ed.... __ _
201&.p ~er, City of Anna, Texas.
Notary Public, State of Texas ~---~~~iil~·;:r~~~-.. !l!!!!!!!!!i!!!!!!!!!!!!!!!!!!!!J!!!!!!!!!!!!!!!'!!!!!!!!!!!!'fl f.{·~f) CHRIS THATCHER
\:f .. ~ .. ~j My Notary ID# 130762165
'..'"'b"\t)'' E I ,,,,9;,·,.,,. xp res August 2, 2020
ANNA OUTER LOOP, LTD.,
a Texas limited partnership
By: Anna Outer Loop GP LLC,
a Texas lim;zabilily Company
By: L~l/1'
~muel Rosenzweig, its Manager
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF __ ei_Ul_' <-_~_· __
§
§
§
Before me /\v0 ~s·uaj ~ LW"N ~ (notary printed name) on this day
personally appeared Samuel Rosenzweig, the Manager of Anna Outer Loop GP LLC, a
Texas limited liability company, the general partner of Anna Outer Loop, Ltd., a Texas
limited partnership, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated and as the act and
deed of said limited liability company acting as general partner of said limited partnership.
Given under my hand and seal of office on this _l __ day of
Notary Public, State of Texas
EXHIBIT A
SITUATED in Collin County, Texas in the W. E. Throckmorton Survey, Abstract No. 899,
the William Kitchens Survey, Abstract No. 505, including the five parcels of land identified
below:
Parcel 1
56.08 acres-Document# 2015-0630000795650, Collin County Deed Records
Parcel 2
0.5008 acres -Deed from City of Anna, Texas
Parcel 3
0.1282 acres (0.14 acres less and except 0.0118 acres) -deed from City of Anna, Texas
Parcel 4
0.033 acres -Deed from City of Anna, Texas
Parcel 5
1.4676 acres (1.72 acres less and except 0.2524 acres) -Deed from City of Anna, Texas.
Parcel 1
20150630000795650 06/30/2015 01 :22:43 PM Dl 1/6
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE AND/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.
GF#: 1519479-AWDF
Special Warranty Deed
Date: June 26, 2015
Z:\Addison Wilson Ill PLLC\ WIN7\A W Clients\Rosenzweig, ·sammy\Special Warranty Deed-SR-Trnstee.do-0
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 heirs, successors, and assigns forever. Grantor binds
Gran tor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, 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.Wananty, , , through, r
under Grantor, but not otherwise.
When the context requires, sing~oun~nouns include th~y
~muel Rosenzweig, Trustee V
2
Z:\Addison Wilson lll PLLC\WJN71A W Clients\Rosenzweig, Smnmy\Special Warranty Deed-SR-Trnstee.doc
STATE OF TEXAS
COUNTY OF DALLAS
ACKNOWLEDGMENT
§
§
§
AFTER RECORDING RETURN TO:
Independence Title
3838 Oak Lawn Ave., Suite 810
Dallas, Texas 75219
3
Z:\Addison Wilson Ill PLLC\WfN7\A W Clients\Rosenzweig, Sammy\Speoiol Warranty Deed-SR-Tmstcc.doc
EXHIBIT "A"
BEING all of that certain tract of land situated in the W.E. Throckmorton Survey, Abstract No. 899 and William
Kitchens Survey, Abstract No. 505, and being In Collin County, Texas, and being part of tract described from l.K. Kim
to Titan Properties by deed recorded In County Clerks Number 03-0106753, Volume 5434, Page 3650, Deed
Records, Collin County, Texas, and being part of a 36.770 acre tract described to Sidney L. Goldstein, Trustee by
deed recorded in County Clerks Number 98-0121521, Volume 4292, Page 1921, Deed Records, Collin County,
Texas, and all of a 3.273 acre tract described to Sidney L. Goldstein, Trustee by deed recorded in County Clerks
Number 98-0126520, Volume 4292, Page 1917, Deed Record, Collin County, Texas, and being more particularly
described by metes and bounds as follows: ·
COMMENCING at an iron rod, said iron rod being the southwest corner of a tract of land· described to Burl William
Luscombe by deed recorded in Volume 2661, Page 402, Deed Records, Collin County, Texas, andifeing in the N~h
line of a tract of land described to Verline McCoy (Stice) by deed recorded In Volume 419, Page ~s~:1 eed Record
Collin County, Texas, said iron rod also being in Collin County Road Number 366 as described in Cau~e o. 002-
1758-04 in the County Court at Law No. 2 Collin County, Texas;
THENCE N 01°40'50" E, along the East line of a tract of land described in Special Warrantv Deed to the Lu S,OITJ e
Family Trust recorded In Instrument No. 2010227001420450 of the Official Public Record~~'oflin~ounty, !fXas,
117.67 feet to an iron rod, said iron rod being on the said new North Right-of-Way line of Co~~1i -Roacf36z.nd being
a point in a non-tangent curve to the 'right and being the PLACE OF BEGINNING; \\
THENCE along said north right of way line and non-tangent curve to the right, hayitfQ,_ a radius ~ ~5.00 eel, a delta
angle of 6°31'48", and whose long chord bears S 82°00'21 11 W a distance of 50.~Neet--nd an a length of 50.75 feet
to an iron rod for corner ; · j"'-, ""-"-
THENCE continuing along said north right of way line and curve to the rig9!r,Rav1tig a r'a'ct~·u f 4 o.00 feet, a delta
angle of 7°45'29", and whose long chord bears s 89°08'22" W a distanc1'r.r1f 60.01 feet to ar iror rod for corner;
THENCE N 86°59'39 11 W a distance of 407.46 feet to an iron rod for cor e ;
THENCE along a curve to the left, having a radius of 1055.00 feet, a de~a ~gle of 14°5~'36", and whose long chord
bears S 85°34'29" W a distance of 272.89 feet to an iron rod for cor~er; j/
THENCE along a curve to the right, having a radius of 945.00 f~C~~lta' Qg.e-.oi..11/>1'36", and whose long chord
bears S 85°34'29" W a distance of 244.44 feet to an iron rod f r~«z~ ~
THENCE N 86°59'39" W a distance.of 505.43 feet to an iro o"-or col·ye ,
THENCE N 2°11'38 11 Ea distance of 31.35 feet to a wooq,i onu~ent;
THENCE N 16°41'05" W a distance of210.37 feet to a21rc rod;~
THENCE N 47°33'45" Wa distance of312.45 feet to a~~~ent;
THENCE N 06°56'17" E a distance of 401.17 feet-td"'l':J.•{.oodrno~~~ent;
THENCE N 00°43'50" Ea distance of 592.81 fee.Vt6an~on ro~~jon rod being the northwest corner of this tract
and a corner of a tract of land described to WiUi<'i'inp. S~ew~rt ando/,i1i'l, Nora Yvonne Stewart by deed recorded in
County Clerk Number 00-0028707, Volume 4{5J>=age12238, Dee~ Records, Collin County, Texas;
THENCE S 59°00'58 11 E, along the common line of , iCN~ewart tract, 459.14 feet to a found pipe for corner;
THENCE N40°40'32"E a distance of 6~4~corn ·
THENCE N74°00'54"E a distance of .68 fecliq_ eocner;
THENCE N43°25'47"E a distance of 3.63 feet to~orne ,
THENCE S88°32'38"E a distance of ·31.58 feet to brtheast corner;
THENCE S01'40'50"W a dlsl~~l l he PlACE OF BEGINNING ood '°"lal"l"g 56.08 ao<es ol l'"d,
,_
EXHIBITS
1. Any portion of subject property lying within the boundaries of a dedicated
or undedicated public or private roadway.
2. Any visible and apparent easement, either public or private, located on or
across the land, the existence of which is not disclosed by the Public
Records as herein defined.
3. Any encroachment, encumbrance, violation, variation, or adverse
complete land survey of the land. v
4. Easement: ~
Recorded: Volume 654, Page 6[36, Deed"Re~or ~ Collin
County, Texas. ~ ~---t
To: State of Texas l'\ )/
5. Easement: A A
Recorded: Volume 547 ,i6a~~· 1:.:1eecif ecords, Collin
County, Texas. As affe~·~.· by \1~4~ 5458, Page 3964, Official
Public Records, Col2n Co~~· Te~a.&. ~~: ~ollin ~o~~il Coi\servation District
6. Terms, Cond1t1ons, and Sttp~~, (Is iri'tne;Agreement:
Recorded: IDo~aQJ ,rftNo. ~0110407000364770, Official Public
Records, Collin V~f:\!y, Texas.
Type: ~~-f A~lft Resolution No. 2012w12w07
7. Terms, Conditions, ~d Stipultl >ions in Oil, Gas and Mineral Lease: RJ5(~d ~=~ye 351, Page 287, Deed Records, Collin
Count\ r Texas/
8. Minera ,fci~a§ercst in and to all coal, lignite, oil, gas and other
miner Is; ~get~~~-~ith all rights incident thereto: A "\~eco.r.ded: Volume 536, Page 386, Deed Records, Collin
:. ""~ 9Junty, Texas.
9. Mineral~nddroyalty interest in and to all coal, lignite, oil, gas and other
minerals; together with all rights incident thereto:
Recorded: Volume 674, Page 128, Deed Records, Collin
County, Texas.
10.All leases, grants, exceptions or reservation of coal, lignite, oil, gas and
other mineral, together with all rights, privileges, and immunities relating
thereto appearing in the public records whether listed in Schedule 8 or not.
There may be leases, grants, exceptions or reservations of mineral interest
that are not listed.
11.Matters reflected on survey prepared by R.J. Daum, R.P.L.S. No. 4826,
dated 06/24/2015: protrusion of fence over property line; rights of third
parties, if any, in and to power line(s) and guy wires traversin~ject ~
property ~~)
12. Lis Pendens
Recorded: Document No. 20150407000386930, O~ra-1-~c
Records, Collin County, Texas, amended in DC?cum~t~1~1
20150410000401670, Official Public Record~s ;(~t.;ollin 0 :nty, lJexas.
Cause No: 006~00805~2015
Plaintiff(s): The State of Texas ~
Defendant(s): Seminole 20, Ltd., a Textimited paip-ship, et al
Filed nml Recorded
Official l'ublic Records
Stacey Kemp, Count~· Clerk
Collin County, TEXAS
0613011015 01:22:43 PM
$42.00 DFOSTER
20150630000795650
Parcel 2
QUITCLAIM DEED
STATE OF TEXAS }
COUNTY OF COLLIN }
For and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City of Anna, Texas ("Grantor") does hereby QUITCLAIM its interest
to Anna Outer Loop LTD, and their respective successors and/or assigns ("Grantee,"
whether one or more) to that certain 0.5008 acre tract of land described on Exhibit A (the
"Property") hereto attached.
THE PROPERTY IS BEING QUITCLAIMED BY THE CITY OF ANNA "AS IS", "WHERE
IS", AND "WITH ALL FAULTS" WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED. GRANT OR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PROPERTY. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY BASED SOLELY ON GRANTEE'S OWN
INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE ON ANY
INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR
CONTRACTORS. GRANTOR HAS MADE NO AGREEMENT TO ALTER, REPAIR, OR
IMPROVE ANY Of THE PROPERTY.
EXECUTED to be effective the ___ day of _________ , 2016.
Granter: City of Anna, Collin County, Texas
Mike Crist, Mayor
ATTEST:
Carrie L. Smith, City Secretary
ACCEPTED:
(Property Owner)
(Property Owner)
STATE OF TEXAS
COUNTY OF COLLIN
Before me, a notary public, on this day personally appeared Mike Crist, known to me to
be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this __ day of _____ , 2016.
Notary Public
My Commission Expires: ____ _
City of Anna
61712016
EXHIBIT "A II
Page 1 of3
FIELD NOTE DESCRIPTION
FOR CONVEYANCE OF 0.5008 ACRES
CITY OF ANNA, TEXAS
Parcel No. Al
US 75 Outer Loop
Being a 0.5008 acre tract of land in the W.E. Throckmorton Survey, Abstract No. 899, and the William Kltchings
Survey, Abstract No. 0505, City of Anna, Collin County, Texas, said 0.5008 acre tract being the remainder of a
called 1.05 acre tract of land conveyed to the City of Anna by deed recorded :in Instrument Number
20101117001260280 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.5008 acre tract being
more particularly described as follows:
BEGlNNING at a 1/2" iron rod found with a cap stamped "BW2", said 1/2" iron rod being at the west property
comer of said 0.5008 acre City of Atma tract and in the south property line of a called 56.08 acre tract of land
conveyed to Anna Outer Loop, LTD, by deed recorded in Instrument Nmnber 20150630000795650 of the
D.R.C.C.T., said 1/2" fron rod also being in the north property line of a called 1.4302 acre tract of land conveyed
to Collin County, Texas deed recorded in Instrnment Number 20110509000475160 of the D.R.C.C.T., said iron
rod also being in the souJh line of a proposed 30-foot pem1anent water and sewer line easement (to be recorded by
others, refer to Exhibit B);
THENCE S 88°12'24" E, departing the south line of said casement and being alo11g the common property line of
said 0.5008 acre City of Anna tract and said 56.08 acre Atma Outer Loop tract,, a distance of 237.28 feet to a 1/2"
iron rod set with a cap stamped "BH&C" for a comer, said iron rod being at the beginning of a curve to the left;
THENCE, continuing along said common property line and along said curve having a radius 945.00 feet, a central
angle of 14°51'43", an arc distance of 245.12 feet (chord bearing-N 84°21'45" E and a chord distance of 244.44
feet) to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being the beghming of a curve to
the right;
THENCE, continuing along said common property line and along said curve having a radius 1,055.00 feet, a
central angle of 05°01'42", an arc distance of 92.59 feet (chord bearing-N 79°26'45" E and a chord distance of
92.56 feet) to a 1/2" iron rod set with a cap stamped 11BH&C 11 for a comer, said iron rod being the northeast corner
of said 0.5008 acre City of Anna tract, and being on the south line of said 56,08 acre Anna Outer Loop tract, and
also being on the no1thwest property comer of a called 1.72 acre tract of land conveyed to the City of Anna by
Final Judgment recorded in Instrument Number 20101117001260280, of the D.R.C.C.T.;
THENCE S 07°44'44" E, departing south property line of said 56.08 acre Anna Outer Loop tract, and being along
the common property line of said 0.5008 acre City of Anna tract and said 1. 72 acre City of Anna tract, a distance
of 96.09 feet to a 1/2" iron rod set with a cap stamped 11BH&C11 for a corner, said iron rod being on the southeast
property comer of said 0.5008 acre City of Atma tract, said iron rod also being the southwest property comer of
said 1.72 acre City of Anna tract, and being on the north property line of a called 0.14 acre tract ofland conveyed
to the City of Anna by FinalJudgment recorded in Volume 5849, Page 114, of theD.R.C.C.T.;
THENCE N 88°44'22"W, departing the southwest property comer of said 1.72 acre City of Anna tract, and being
along common property line of said 0.5008 acre City of Atma tract and said 0.14 acre City of Am1a tract, a distance
of 257.15 feet to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being the northwest
property corner of a called 0.97 acre tract of land conveyed to the City of Anna, by Final Judgment recorded in
Volume ~849, Page 111, of the D.R.C.C.T., said iron rod also being on the no1theast prope1iy line of said 1.4302
acre Colhn County tract;
H:IProje<Js\Annn\2015 !04 W, Fosler Crossing Road Wal<r Line\Emement Pfals\Descnptioru\W. FOSTER CROSSJNO ~vs 75 Olfl'ER LOOPIPnrcd Al,tloc
City of Anna
6/7/2016
EXHIBIT "A"
Pagel of3
Parcel No. Al
US 75 Outer Loop
THENCE N 80°17'14 11W, departing the northwest property comer of said 0.97 acre City of Anna tract, and being
along common prope1ty line of said 0.5008 acre City of Anna tract and said 1.4302 acre Collin County tract, and
within said water and sewer line easement, a distance of 332.03 feet to the POINT OF BEGINNING, and
containing 0.5008 acre (25,395 square feet) ofland, more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas No1th Central Zone 4202.
2. Field survey concluded on 04/07/2016.
3. A Prope1ty Conveyance Plat of even date
herewith accompanies this Field Note
Description.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P,
TBPLS Firm No. 100318-00
11910 Greenville A. ve., Suite6/J;· .
Dallas, Texas 75243 fj ~·
Phone: 214-361-7900 >-" '/ /// ·
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W.E. lliROCKMOITTON
SURVEY
ABSTRACT 0899
ANNA OUTER LOOP, LID
(CALLED 56.08 ACRES)
INST. NO. 20150630000795550
D.R.C.C.T.
POINT OF
BEGINNING
~l=L..
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1/r l.R.F.C.
1/2" l.R.F.C. COWN COUNTY
(CALLED 1.4302 ACRES)
INST. NO. 20110509000475160
D.R.C.C.T.
ED
~
0
CD
"" ""
ED
~
0
01
0
01
WILLIAM KITCHINGS
SURVEY
ABSTRACT 0505
CITY OF ANNA
(CJlllEI) 1.05 . M:tiS.
~ 0.5008 ICfl.f.S)
INST. NO. 20101117001200280
DAC.C.T.
CURVE OA7'A
4=14:51'43"
R=945.00'
T=123.25
L=245.12'
C.B.=N 84'21'45" £
C.D.=244.44'
CURVEOA7A
,6.='5"0t'42"
R=1055.00'
T=46.32 -----
L=92.59'
C.B. =N 7976'45" £
C.D.=92.56'
EXHIBIT 11A1 1
PAGE3 OF3
LEGEND
"l.R.F." IRON ROD
FOUND
"R.O.W." RIGHT OF WAY
"J.R.F.C." IRON ROD
FOUND CAPPED
"X FOUND" X FOUND
STAMPED IN CONCRETE
"PL" PROPER1Y UNE
"D.R.c.c:f" DEED RECORDS COLUN
COUN1Y, TEXAS
"O" IRON ROD srr W/ CAP
STAMPED "BH&:C"
--1(
Cl1Y OF ANNA
(CALLED 1.72 ACRES)
INST. NO. 20101117001260280
D.R.C.C.T.
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32
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CITY OF ANNA
(CALLED 0.97
REMAINING 0.033 ACRES)
VOL. 5849, PG. 111
D.R.C.C.T.
/I ~/J); lf;!ffo
COWN COUNTY 'I('-
Cl1Y OF ANNA
(CALLED 0.14 ACRES)
VOL 5849, PG. 114
D.R.C.C.T.
TOLL ROAD AUTHORl1Y
(CALLED 9.90 ACRES)
INST. NO. 20090504000530520 COLLIN COUNTY
(CALLED 12.9625 ACRES,
REMAINING 3.0625 ACRES)
INST. NO. 20081114001335080
D.R.C.C.T.
D.R.C.C.T.
PARCEL NO. A1
CITY OF ANNA, TEXAS
0.5008 ACRES IN ABSTRACT 505 & 899
PROPERTY CONVEYANCE PLAT
Parcel 3
QUITCLAIM DEED
STATE OF TEXAS }
COUNTY OF COLLIN }
For and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City of Anna, Texas ("Granter") does hereby QUITCLAIM its interest
to Anna Outer Loop LTD, and their respective successors and/or assigns ("Grantee,"
whether one or more) to that certain 0.14 acre tract of land save and except 0.0118 acres,
described on Exhibit A (the "Property") hereto attached.
THE PROPERTY IS BEING QUITCLAIMED BY THE CITY OF ANNA "AS IS", "WHERE
IS", AND "WITH ALL FAUL TS" WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED. GRANTOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PROPERTY. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY BASED SOLELY ON GRANTEE'S OWN
INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE ON ANY
INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR
CONTRACTORS. GRANTOR HAS MADE NO AGREEMENT TO ALTER, REPAIR, OR
IMPROVE ANY OF THE PROPERTY.
EXECUTED to be effective the ___ day of __________ , 2016.
Grantor: City of Anna, Collin County, Texas
Mike Crist, Mayor
ATTEST:
Carrie L. Smith, City Secretary
ACCEPTED:
(Property Owner)
(Property Owner)
STATE OF TEXAS
COUNTY OF COLLIN
Before me, a notary public, on this day personally appeared Mike Crist, known to me to
be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this __ day of _____ , 2016.
Notary Public
My Commission Expires: ____ _
City of Anna
6/7/2016
EXHIBIT 11 A"
Pagel of3
FIELD NOTE DESCRIPTION
FOR CONVEYANCE OF 0.14 ACRES
CITY OF ANNA, TEXAS
Parcel No. A4
US 75 Outer Loop
Being a 0.14 acre tract ofland in the William Kitchings Survey, Abstract No. 0505, City of Anna, Collin County,
Texas, said 0.14 acre being the same 0.14 acre tract of land conveyed to the City of Anna, by Final Judgment
recorded in Volume 5849, Page 114 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.14 acre
tract being more particularly described as follows:
BEGJNNING at a 1/2" iron rod set with a cap stamped "BH&C'' for a comer, said 1/2" iron rod being in the
nmihwest prope1iy comer of said 0.14 acre City of Anna tract and in the south property line of a called 1.05 acre
tract of land conveyed to the City of Anna, by Final Judgment recorded in Instrument Number
20101117001260280 of the D.R.C.C.T., said 1/2" iron rod also being in the no1theast prope1iy line of a called
0.097 acre tract ofland conveyed to City of Anna, by Final Judgment recorded in Volume 5849, Page 111 of the
D.R.C.C.T., said iron rod also being in a proposed 30-foot width pem1anent water and sewer line easement (to be
recorded by others, 1;efer to Exhibit B);
THENCE S 88°44'19" E, along the north property line of said 0.14 acre City of Anna tract, passing through a
proposed variable width right-of-way for W. Foster Crossing Road, a distance of 813.21 feet to a 1/2" iron rod set
with a cap stamped "BH&C" for a comer, said iron rod being on the northeast property comer of said 0.14 acre
City of Anna tract, and on the east proposed right-of-way line for W. Foster Crossing Road, said iron rod also
being on the north property line of a 3.0625 acre remainder of a called 12.9625 acre tract of land conveyed to
Collin County by deed recorded in Instrument Number 20081114001335 080 of the D.R. C. C.T., said iron rod being
at the beginning of a curve to the right;
THENCE, continuing along said common prope1ty line, and along said curve having a radius of 555.00 feet, a
central angle of 08°16'51", an arc distance of 80.21 feet (chord bearing-S 87°39 111" Wand a chord.distance of
80.14 1) to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being generally within the
center line of said W. Foster Crossing Road;
THENCE N 88°12'24"W, continuing along said common property line, a distance of 407.46 feet to a 1/2" iron rod
set with a cap stamped 11BH&C11 for a comer, said iron rod being at the beginning of a curve to the left;
THENCE, continuing along the said common property line of said 0.14 acre City of A1111a tract and said 3.0625
acre Collin County tract, and along said curve having a radius 945.00 feet, a central angle of 14°13 125", an arc
distance of234.59 feet (chord bearing-S 84°40 15411 Wand a chord distance of233.99 feet) to a 1/2" iron rod set
with a cap stamped "BH&C" for a corner, said iron rod being a south property comer of said 0.14 acre City of
Anna tract, and being a west property comer of said 12.9625 acre Collin County tract, and an east property comer
of a called 1.4302 acre tract of land conveyed to Collin County by deed recorded in Instrnment Number
20110509000475160, of the D.R.C.C.T., said iron rod also being in said water and sewer line easement;
THENCE N 80°17 114"W, departing the west property comer of said 12,9625 acre Collin County tract, and being
along the conunon property line of said 0.14 acre City of Anna tract and said 1.4302 acre Collin County tract, a
distance of 72.14 feet to a 1/2" iron rod set with a cap stamped "BH&C" for a corner, said iron rod being on the
southwest property line of said 0.14 acre City of Anna tract, and being on the n01theast line of said 1.4302 acre
Collin County tract, and also being on the southeast property comer of said 0.097 acre City of Anna tract;
H:1Proje<ls\Artno\20JSJ04 W. Fostrt Crossing Road Wolcr Line\Easemenl Plois\Descriplions\W. FOSTER CROSSfNG _US 75 OUIBR LOOP\Porcel A-I.doc
City of Anna
6/7/2016
Parcel No. A4
US 75 Outer Loop
EXHIBIT "A"
P11ge2of3
THENCE N 50°14'52uw, departing common property line of said 0.14 acre City of Atma tract and said 1.4302
acre Collin County tract, and being along the conunon property line of said 0.14 acre City of Atma tract and said
0,097 acre City of Atma tract, a distance of 28.08 feet to the POJNT OF BEGlNNlNG, and containing 0.14 acre
(5,657 square feet) ofland, more or less, SA VE AND EXCEPT a 0.0118 acre tract of land further described hernin
and reserved for the W. Foster Crossing Road right-of-way.
Notes:
SAVE AND EXCEPT-W. FOSTER CROSSING ROAD RIGIIT-OF-WAY
Being a 0 .. 0118 acre tract ofland out of the herein described 0.14 acre City of Amrn tract, said 0.0118
acre tract being reserved for the public right-of-way of W. Foster Crossing Road (a variable width right-
of-way), said 0.0118 acre tract being more particularly described as follows:
BEGlNNlNG at the said 1/2" iron rod set with a cap stamped 11BH&C11 at the northeast property corner of
said 0.14 acre City of Anna tract, said 1/2" iron rod being in the east right-of-way line of said W. Foster
Crossing Road, said iron rod also being at the beginning of a curve to the right;
THENCE, departing the east right-of-way line of said W. Foster Crossing Road, being along the south
prope1iy line of said 0.14 acre City of Anna tract, and along said curve having a radius of 555.00 feet, a
central angle of 08°16151 11 , an arc distance of 80.21 feet (chord bearing-S 87°39 111 11 Wand a chord
distance of 80.14 1) to a point for comer within the variable width right-of-way of said W. Foster Crossing
Road;
THENCE N 88°12'2411 W, continuing along the south prope1iy line of said 0.14 acre City of Anna tract, a
distance of 50.43 feet to a point for comer, said point being in the west right-of-way line of said W.
Foster Crossing Road, said point also being at the begim1ing of a non-tangent curve to the left;
THENCE, departing south property line of said 0.14 acre City of Anna tract, being along the west right-
of-way line of said W. Foster Crossing Road, and along said curve having a radius of 241.56 feet, a
central angle of 01°13'58", an arc distance of 5.22 feet (chord bearing-N 30°03'20 11 E and a chord
distance of 5.22 feet) to a point for comer, said point being in the north property line of said 0.14 acre
City of Atma tract;
THENCE S 88°44 119" E, departing the west right-of-way of said W. Foster Crossing Road, being along
the north property line of said 0.14 acre City of Anna tract, a distance of 127.89 feet to the POlNT OF
BEGINNJNG for this SA VE AND EXCEPT, and containing O.Dl 18 acre ofland, more or less.
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas No1ih Central Zone 4202.
DerekB. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Fim1No. 100318-00
11910 Greenville Ave., Suite 600
2. Field survey concluded on 04/07/2016.
3. A Prope1iy Conveyance Plat of even date
herewith accompanies this Field Note
Description.
Dallas, Texas 75243
1
(()
Phone: 214-361-~&/~
o~/ (f
H:\!'tojeds\Anna\20J5IM IV. FostcrC'o"ing Rond Wot<r Lirto\Eomnent Plois\Descriptions\W, FOSTER CROSSINO_US 75 OUTER LOOP\PorcelA1.doc
~ ,,
~ CllY OF ANNA
6 (CALLED 0.97 ACRES,
§ REMAINING 0.033 ACRES) ~ VOL 5849, PG. 111 ~ 0.R.C.C.T.
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~ COLLIN COUNllY ~ (CALLED 1.4302 ACRES) ~ INST. NO.
l:S 20110509000475160 ~ D.R:_c.c.T.
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POINT OF
BEGINNING
CITY OF ANNA
WILLIAM KITCHINGS
SURVEY
ABSTRA.cr 0505
ANNA OUTER LOOP, LTD
(CALLEO 56.08 ACRES)
INST. NO. 20150630000795650
D.R.C.C.T.
(CALLED 1.054 ACRES,
REMAINING 0.5008 ACRES)
INST. NO. 20101117001260280
D.R.C.C.T. c5/8n l.R.F. ---t;-----f[_ -
CITY OF ANNA
(CALLED 1.72 ACRES) 588.44'18"'£
INST. NO. 20101117001260 813.21'1
D.R.C.C.T.
-,,,_:,t...:.::.:_;:,-:-;rr':;;~::---_ ___....____·~--
-·F[_
CURf'FOAi'A
!J.=14'13'25"
R=945.00'
T=117.90
L=234.59'
C.B.=S 84'40'54' W
C.D.=233.99'
CONVEYAN(CSLJMMARY
GROSS AREA -.QJ± AC.
SAVE AND EXCEPT (R.O.W.) -~· ·
NEJAREA-~
.30~ PROPOSED PERMANENT
WATER & SB'IER UNE '
EASEMENT
(BY OTHERS)
S4 VE ANO EXCEPT
R.O.VI.
0.0118 ACRES
CVRff DffA
b-1't:J'S8'
R-2~2.55'
r~zst
l--S.22'
C.8.-S.3CTO:J'20w W
C.JJ.-522'
3:0
6 ...,
;:; .:;-
N50'14'52'W
28.08'
cny Of ANNPi. \
{CAUED 0.14 ICR.FS}
COLUN COUN1Y
TOLL ROAD AUTHORITY
(CALLED 9_90 ACRES)
INST. NO. 20090504000530520
D.R.C.C.T. l
~ e ~
VOL ~$ PG. 1 H OJt.C.C.T. \
lEGEND
•1.R.F." IRON ROD
FOUND
·R.o.w: RIGHT OF WAY
•1.R.F.C." IRON ROD
FOUND CAPPED
"X FOUND• X FOUND
STAMPED JN CONCRETE
•pl• PROPERTY LINE
·o.R.c.c.r DEED RECORDS COWN
COUNTY, TEXAS
'O" IRON ROD SET W/ CAP
STAMPED ·sH&:c·
CURVE DAztt
Ll=Erte'Sr
R=555.00'
T=40.18
L=B0.21'
C.B.=S 87'39'tt• W
C.0.=80.14' --!(_---
EXHIBIT"A"
.PARCEL NO. A4
~
I
CITY OF ANNA1 TEXAS
"' ~
NOIES:
1. SEARINGS ANI) DISTANCES CITED IN iHIS PLAT
DESCRIPTION ARE BASED ON 1HE TEXAs STATE
PLANE COORDINATE SYSTEM, NAD-83, TEXAS
NORTH CENTP.AL ZONE 4202.
0.14 ACRES IN ABSTRACT 505
PROPERTY CONVEYANCE PLAT
.. . D !iliil PROFESSIONAL ENGINEERS
§l 3. A FlEI.D NOTE DESCRIPTION OF EVEN DATE ; B TBPE Firm No. 526; TBPLS Firm No. 10031800
z. FJELD suRYEYs coNcLuDm ON 04/0712016 ~ . ;;r j BIRKHOFF, HENDRICKS & CARTER, L.L.P. · June
~ HERE:WITH ACCOMPANJES TI·US EXHIBIT. 1 INCH = 100 FEET 11910 Greenville Ave., Suite 600 Dallas, Texas7:5243 (214)361-7900 2016
PAGE30F3
Parcel 4
QUITCLAIM DEED
STATE OF TEXAS }
COUNTY OF COLLIN }
For and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City of Anna, Texas ("Grantor") does hereby QUITCLAIM its interest
to Anna Outer Loop LTD, and their respective successors and/or assigns ("Grantee,"
whether one or more) to that certain 0.033 acre tract of land described on Exhibit A (the
"Property") hereto attached.
THE PROPERTY IS BEING QUITCLAIMED BY THE CITY OF ANNA "AS IS", "WHERE
IS", AND "WITH ALL FAUL TS" WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED. GRANTOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PROPERTY. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY BASED SOLELY ON GRANTEE'S OWN
INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE ON ANY
INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR
CONTRACTORS. GRANTOR HAS MADE NO AGREEMENT TO ALTER, REPAIR, OR
IMPROVE ANY OF THE PROPERTY.
EXECUTED to be effective the ___ day of __________ , 2016.
Grantor: City of Anna, Collin County, Texas
Mike Crist, Mayor
ATTEST:
Carrie L. Smith, City Secretary
ACCEPTED:
(Property Owner)
(Property Owner)
STATE OF TEXAS
COUNTY OF COLLIN
Before me, a notary public, on this day personally appeared Mike Crist, known to me to
be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this __ day of _____ , 2016.
Notary Public
My Commission Expires: ____ _
City of Anna
61712016
EXHIBIT "A"
Pagel of2
FIELD NOTE DESCRIPTION
FOR CONVEYANCE OF 0.033 ACRES
CITY OF ANNA, TEXAS
Parcel No. A3
US 75 Outer Loop
Being a 0.033 acre tract of land in the William Kitchings Survey, Abstract No. 0505, City of Anna, Collin County,
Texas, said 0.033 acre City of Anna tract being the remainder of a called 0 .97 acre tract of land conveyed to the
City of Anna, by deed recorded in Instrument Number 20110509000475160 of the Deed Records of Collin County,
Texas (D.R.C.C.T.), said 0.033 acre tract being entirely within a proposed 30-foot permanent water and sewer line
easement (to be recorded by others, refer to Exhibit "B"), and being more particularly described as follows:
BEGINNING at a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said 1/2" iron rod being the
n01thwest property corner of said 0.033 acre City of Anna tract, and being in the south property line of a called
1.05 acre tract of land conveyed to the City of Anna by Final Judgment recorded in Instrument Number
20101117001260280 of the D.R.C.C.T., said 1/2" iron rod also being in the north property line of a called 1.4302
acre tract ofland conveyed to Collin County, Texas by deed recorded in Instrument number 20110509000475160
of the D.R.C.C.T.;
THENCE S 88°44123 11 E, along the common property line of said 0.033 acre City of Anna tract and said 0.5008
acre City of Anna tract, a distance of 95.62 feet to a 1/2" iron rod set with a cap stamped "BH&C" for a comer,
said iron rod being on the northeast prope1ty corner of said 0.033 acre City of Anna tract, and being on the
northwest property comer of a called 0.14 acre tract of land conveyed to the City of Anna by deed recorded in
Volume 5849, Page 111 of the D.R.C.C.T.;
THENCE S 50°14'52" E, departing the south property line of said 0.5008 acre City of Anna tract, along the
co1mnon property line of said 0.033 acre City of Amrn tract and said 0.14 acre City of Anna tract, a distance of
28.08 feet to a 1/211 iron rod set with a cap stamped 11BH&C" for a comer, said iron rod being on the southeast
propetty corner of said 0.033 acre City of Anna tract, and being on the southwest property comer of said 0.14 acre
City of Anna tract, and also being on the nmth property line of said 1.4302 acre Collin County tract;
THENCE N 80°l 7'14 11 W, departing the southwest property corner of said 0.14 acre City of Anna tract, and being
along the common property line of said 0.033 acre City of Anna tract, and said 1.4302 acre Collin County tract, a
distance of 118.88 feet to the POINT OF BEGINNING, and containing 0.033 acre (835.43 square feet) of land,
more or less.
Notes;
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. Field survey concluded on 04/07/2016.
3. A Propetty Conveyance Plat of even date
herewith accompanies this Field Note
Description.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Finn No. 100318-00
11910 Greenville Ave., Suite 60~
Dallas, Texas 75243 /I fJ .
Phone: 214-361-7900 y-{~
o;:,~;o1
H:\Projecls\Anna\2015 !04 W. Fosler C'ossing Road Wntcr Linc\Eascmcnl Plnl•\Drscriplioos\W. FOSTER CROSSING_ US 75 OUTER LOOP\l'arcel A3.doc
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W.E. THROCKMORTON
SURVEY
ABSTRACT 0899
ci'"=: --~ ::g
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----
COLLIN COUNT(
(CALLED 1.4302 ACRES)
INST. ND. 20110509000475160
D.R.C.C.T.
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1 INCH = 80 FEIT
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ANNA OUTER LOOP, LTD
(CALLED 56.08 ACRES)
INST. NO. 20150630000795650
D.R.C.C.T.
WIWAM KITCHINGS
SURVEY
ABSTRACT 0505
Pl?OPOS@ Jf.(mt" ~
SEWER UNE £ASEM£NT
(REFER TO EXHIBIT B) 550~14'52"£
28.08'
---It·
-ir.--
588"44'23"£
95.62 1
r CllY OF ANNA
(CALLED 0.97 ACRES,
REMAJNING 0.033 ACRES) ~ VOL 5849. PG. 111
D.R.C.C.T .
CITY OF ANNA
(CALLED L054 ACRES.
REMAINING 0.5008 ACRES)
INST. NO. 20101117001260280
D.R.C.C.T.
CITY OF ANNA
(CALLED 0.14 ACRES)
5849, PG. 114
D.R.C.C.T.
'ft.
"
EXHIBIT"A"
PAGE2 OF2
LEGEND
"l.R.F." IRON ROD
FOUND
"R.o.w: RIGHT OF WAY
"l.R.F.C." IRON ROD
FOUND CAPPED
"X FOUND• X FOUND
STAMPED IN CONCRETE
"PL" PROPERTY LINE
"D.R.C.C.I DEED RECORDS COWN
COUNTY. TEXAS
"0" TRON ROD SEr W/ CAP
I " F STAMPED "SH&C•
5 8 LR .. ~
(CA~ ~:-,;NA~RES; ft.---"<:-~-.. ---- -
INST. NO. 20101117001260280
D.R.C.C.T. COWN COUNTY
(REMAINING 3.0625 ACRES)
INST. NO. 20081114001335080
D.R.C.C.T.
CALLED 12.9625 ACRES,
_D_ - -L 'L -- -f ..,.,_ -~
----
COWN COUNT!'
TOLL ROAD AUTHORITY
(CALLED 9.90 ACRES)
INST. NO. 20090504-000530520
D.R.C.C.T.
--ft--
PARCEL NO. A3
CITY OF ANNA, TEXAS
m
o:>
" <:::
NOTES;
1, BEARINGS AND DISTANCES CITED IN .THIS PLAT
DESCRIPTION ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM NAD-83 iEXAS
NORTH CENTRAL ZONE 4202. '
0.033 ACRES IN ABSTRACT 505
PROPERTY CONVEYANCE PLAT
L-/ l" ; ,;.#' ,,,_ z. FIELD suRVEYS coNcLuDED oN 04107;2016 I BIRK.HOFF, HENDRICKS & CARTER, L.L.P. June !ii . PROFESSIONAL ENGINEERS
3. A FlELD NOTI:: DESCRIFTION OF EVEN DATE TBPEFinnNo.526;TBPLSFirmNo.1003!800 2016 ~ HEREWITH ACCOMPANIES THIS EXHIBIT. 11910 Greenville Ave., Suite 600 Dallos, Texas 75243 (214) 361-7900
Parcel 5
QUITCLAIM DEED
STATE OF TEXAS }
COUNTY OF COLLIN }
For and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City of Anna, Texas ("Grantor") does hereby QUITCLAIM its interest
to Anna Outer Loop LTD, and their respective successors and/or assigns ("Grantee,"
whether one or more) to that certain 1.72 acre tract of land save and except 0.02524
acres, described on Exhibit A (the "Property") hereto attached.
THE PROPERTY IS BEING QUITCLAIMED BY THE CITY OF ANNA "AS IS", "WHERE
IS", AND "WITH ALL FAUL TS" WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED. GRANTOR SPEC I Fl CALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PROPERTY. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY BASED SOLELY ON GRANTEE'S OWN
INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE ON ANY
INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR
CONTRACTORS. GRANTOR HAS MADE NO AGREEMENT TO ALTER, REPAIR, OR
IMPROVE ANY OF THE PROPERTY.
EXECUTED to be effective the ___ day of _________ , 2016.
Grantor: City of Anna, Collin County, Texas
Mike Crist, Mayor
ATTEST:
Carrie L. Smith, City Secretary
ACCEPTED:
(Property Owner)
(Property Owner)
STATE OF TEXAS
COUNTY OF COLLIN
Before me, a notary public, on this day personally appeared Mike Crist, known to me to
be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this __ day of _____ , 2016.
Notary Public
My Commission Expires: ____ _
City of Anna
61712016
EXHIBIT "A"
Pagel of3
FIELD NOTE DESCRIPTION
FOR CONVEYANCE OF 1.72 ACRES
CITY OF ANNA, TEXAS
Parcel No. AS
US 75 Outer Loop
Being a 1.72 acre tract of land in the WilliamKitchings Survey, Abstract No. 0505, City of Anna, Collin County,
Texas, said 1.72 acre tract bdngthe same 1.72 acre tract ofland conveyed to the City of Anna, by Final Judgment
recorded in Instrument Number 20101117001260280, of the Deed Records of Collin County, Texas (D.R.C.C.T.),
said 1. 72 acre tract being more particularly described as follows:
BEGJNNING at a 112" iron rod set with a cap stamped "BH&C" fox a comer, said 1/2" il'on rod being the
n01thwest property comer of said 1. 72 acre City of Anna tract, and in the south property line of a called 56.08 acre
tract of Jarid conveyed to Anna Outer Loop, LTD, by deed recorded in Instrument Number 20150630000795650 of
the D.R.C.C.T., said 1/2" iron rod also being on the northeast prope1ty comer of a called 1.054 acre tract of land
conveyed to the City of Anna by Final Judgment recorded in Instrument Number 20101117001260280, of the
D.R.C.C.T., said iron rod being at the beginning of a curve to the right;
TIIENCE, along the common property line of said 1.72 acre City of Anna tract and said 56.08 acre Anna Outer
Loop tract and along said curve having a radius 1,055.00 feet, a central angle of 09°50'00", an arc distance of
181.06 feet (chord bearing-N 86°52'36" E and a chord distance of 180.84 feet) to a 1/2" iron rod set with a cap
stamped "BH&C" for a corner;
THENCE S 88°12'24" E, along said common property line, a distance of 407.46 feet to a 1/2" iron rod set with a
cap stamped "BH&C 11 for a comer, said iron rod being at the beginning of a curve to the left;
TIIENCE, continuing along said common property line, passing through a proposed 30-foot pennanent water and
sewer line easement (to be recorded by others, refer to Exhibit B), and along said curve having a radius 445.00
feet, a central angle of 13°07'05", an arc distance of 101.88 feet (chord bearing-N 85°14'04" E and a chord
distance of 101.66 feet) to a 1/2" iron rod set with a cap stamped 11BH&C 11 for a comer, said iron rod being the
northeast comer of said 1.72 acre City of Anna tract, and on the south line of said 56.08 acre Anna Outer Loop
tract, also being on the west propeity line of a called 30.676 acre tract of land conveyed to the Luscombe Family
Trust by deed recorded in Volume 5385, Page 4952, of the D.R.C.C.T., and also being on the west proposed right-
of-way line ofW. Foster Crossing Road (variable width right-of-way);
THENCE S 01°47'36" W, departing said 56.08 acre Amia Outer Loop tract and the proposed west right-of-way
line, along said 30.676 Luscombe tract, a distance of 115.63 feet to 1/2" iron rod set with a cap stamped "BH&C"
for a comer, said iron rod being on the south west corner of said 30.676 acre Luscombe tract, and on the north
property line of a remaining 3.0625 acre tract of land from a called 12.9625 acre tract of land conveyed to Collin
County by deed recorded in Instrument Number 200811140011335080 of the D.RC.C.T., said point also being on
the proposed east right-of-way line of said W. Foster Crossing Road;
THENCE N 88°44 119 11 W, depaiiing said 30.676 acre Luscombe tract, along said right-of-way and the common
property line of said 1.72 acre city of Anna tract, and said 3 .0625 acre Collin County tract, a distance of 21.06 feet
to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being on the south property line of
said 1. 72 acre City of Anna tract, and the north property line of a called 0.14 acre tract of land conveyed to the
City of Anna tract by deed recorded in Volume 5849, Page 114, of the D.R.C.C.T.;
THENCE N 88°44'18" W, along said common property line, a distance of 651.68 feet to a 1/2" iron rod set with a
cap stamped "BH&C" for a corner, said iron rod being on the southwest property comer of said 1. 72 ·acre City of
~a tract> on th~ north property line of said 0.14 acre City of Anna tract, and on the southeast property corner of
said 1.054 acre C1ty of Anna tract;
H:\P.ojecls\Anna\2015104 W, Fosler Crossing Road Water Line\!lasem"'' Plais\Doscdptions\W. FOSTER CROSS!NO US 75 OUTER LOOP\P IA d _ rm:e 5. oc
City of Anna
61712016
Parcel No. A5
US 75 Outer Loop
EXHIBIT "A"
Page2 of3
TIIENCE N 07°44'44" W, departing said 0.14 acre City of Anna tract, along common property line of said 1.72
acre City of Anna tract and said 1.054 acre City of Anna tract, a distance of 96.09 feet to the POJNT OF
BEGINNING, and containing 1,72 acre (72,502 square feet) of land, more or less, SA VE AND EXCEPT a 0.2524
acre tract of land further described herein and resei-ved for the W. Foster Crossing Road right-of-way.
Notes:
SA VE AND EXCEPT-W. FOSTER CROSSING ROAD RlGHT-OF-WAY
Being a 0.2524 acre tract ofland out of the herein described 1.72 acre City of Anna tract, said 0.2524
acre tract being reserved for the public right-of-way of W. Foster Crossing Road (a variable width right-
of-way), said 0.2524 acre tract being more pmticularly described as follows:
BEGINNING at the said 1/2" iron rod set with a cap stamped "BH&C'' for comer at the northeast
property corner of said 1.72 acre City of Anna tract, said 1/2" fron rod being in the northwest right-of-
way line of said W. Foster Crossing Road;
THENCE S 01°47'36"\V, departing the northwest right-of-way line of said W. Foster Crossing Road,
being along the east prope1ty line of said 1.72 acre City of Anna tract, a distance of 115.63 feet to the
said 1/2" iron rod set for comer at the southeast property comer of said 1. 72 acre City of Anna tract, said
iron rod also being in the southeast right of-way line of said W. Foster Crossing Road;
THENCE N 88°44'19" W, along the southeast right-of-way of said W. Foster Crossing Road, and the
south property line of said 1.72 acre City of Anna tract, a distance of 21.06 feet to the said 1/2" iron rod
set with a cap stamped "BH&C" for a comer;
THENCE N 88°44118" W, continuing along the south property line of said 1.72 acre City of Anna tract,
depa1ting the southeast right-of-way line of said W. Foster Crossing Road, a distance of 127.86 feet to a
point for a comer, said point being in the no1thwest right-of-way line of said W. Foster Crossing Road,
said point also being at the beginning of a non-tangent curve to the left;
THENCE, depa1ting the south propetty line of said 1. 72 City of Anna tract, being along the northwest
right-of-way line of said W. Foster Crossing Road, and along said curve having a radius of 241.56 feet, a
central angle of 46°09'59", an arc distance of 194.64 feet (chord bearing-N 53°38'22" E and a chord
distance of 189 .41 feet) to the POINT OF BEGINNING for this SA VE AND EXCEPT, and containing
0.2524 acre of land, more or less.
l. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas No1th Central Zone 4202.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600
2. Field survey concluded 011 04/07/2016.
3. A Property Conveyance Plat of even date
herewith accompanies this Field Note
Description.
Dallas, Texas 7524~0 £~
Phono: 214-361-79M~ a o(e(o1
H:\Projecls\Anna\201510,1 IV. Fosler Crossing Road Water Line\E1';<mrnl Plals\Demiptlons\W, FOSTER CROSSING US 75 OUTER LOOP\P I "d _ arce ll-J, oc
$
'"' ~
!2 ....
0 u;
~
0
3
~
:e
fg g
i u
~
!;:
~
-£: ./ ~
ii:
N7'44'44"W_
95.09'
:'C ~ ~ CITY OF ANNA ~ (CALLED 1.054 ACRES,
:§ REw.INING 0.5008 ACRES)
INST. NO. 20101117001260280
CURVE' OA7A
.1=9"50'00N
R=1055.00'
T=90.75 -----
L=181.06'
c.B.=N 86-S2'3rr E
C.0.=180.84'
WlUWA KJTCHINGS
SURVEY
ABSTRACT 0505
ANNA OUTER LOOP, LID
(CALLED 56.08 ACRES)
INST. NO. 20150630000795650
D.R.C.C.T.
CONVEYANCE SUMMARY
GROSS AREA -1.Mli:AC.
SAVE.AND EXCEPT (R.O.W.) -~
NET AAEA -"1LJ&._
CURVE DATA.
~=r:Yoros!'
R=445.00'
T=51.17 ----
L=101.88'
C.B.=N BS14'04" E
C.0.=101.66'
PROPOSED PERUN/ENT
WATER & SEWER l!NE '
. EASEMENT
EXHIBIT "A'1
PAGE3 OF3
LEGEND
"l.R.F." IRON ROD I FOUND
'R.o.w: RIGHT OF WAY I 'l.R.F.C." IRON ROD
FOUND CAPPED ~ "X FOUND' X FOUND
STAMPED IN CONCRETE
"PL" PROPERTY LINE
'D.R.C.C.T" DEED RECORDS COWN
COUNJY, TEXAS
'O' IRON ROD SET W/ CAP
STAMPED 'BH&C"
LUSCOMBE FAMILY TRUST
(CALLED 30.676 ACRES)
VOL 5385, PG. 4952
D.R.C.C.T.
CUflYF ll.fPI
A-"6"09'59"
R-2-f.1.56'
T-102.95
L-19-1.fU.'
c.e.-s zJ:8'22" w i , D.R.C.C.l.:. _ -.r-=
""''''"'·'"""' - - - -C.0.-189.-1-1'
~
~
tl:
"" ....
0 ;:;:;
0
-G-c
t
O' 5 :
i ~
"' $ ;;,.
== tii:Q::=iii;;u--···----..--.-•~--.-~fi ... ~ .. ~····'•'«' •' ' •. ,.,·.,.,
CfTYO;-A~ _
J --~w'3ii¥"~
N88"44'18if' I 115.63'
65UJ8' N88'44'19"W
21.06'
(CALLED 0.14 ACRES) ---
"-VOL 5849, PG. 114
'\._ D.R.C.C.T.
~ COLLIN COUNTY
GOWN COUNTY TOLL ROAD AUTHORflY
(CALLED 1.4302 ACRES) (CALLED 9.90 ACRES)
INST. NO. 20110509000475160 \ INST. NO. 20090504000530520
D.R.C.C.T. D.R.C.C.T.
\
NOTES:
1. BEA.RlNGS AND DISTANCES crrm IN THIS PLAT
DESCRIPTION ARE 8'\SED ON IHE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD-83, 1EXAS
NORTH CENTRAL ZONE 4202.
\
--~ COLLIN COUN1Y
(REMAINING 3.0625 ACRES)
INST. NO. 20081114001335080
D.R.C.C.T.
-CALLED 12.9625 ACRES -----PARCEL NO. A5
CITY OF ANNA, TEXAS
1. 72 ACRES IN ABSTRACT 505
PROPERTY CONVEYANCE PLAT
z. FJELD suRVE't'S coNcwom oN 0410712016 !~Jo BIR.KROPF, HENDRICKS & CARTER, L.L.P. June
R • ~ D PROFESSIONAL ENGINEERS
l:>i 3. A FJELD NOTE DESCRIPTlOl-1 OF EVEN DATE. -TBPEFirmNo.526;TBPLSFinnNo.10031SOO 2016 fg HEREilffi-! ACCOMPANIES THIS EXHJBfT. 1 INCH = 100 FEIT '-.,. 11910 Greenville Ave., Suite600 Dallas, Te:xas75243 (214)361-7900
EXHIBIT "111
QUITCLAIM DEED
STATE OF TEXAS }
COUNTY OF COLLIN }
For and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City of Anna, Texas ("C?rantor") does hereby QUITCLAIM its interest
to Anna Outer Loop LTD, and their respective successors and/or assigns ("Grantee,"
whether one or more) to that ce1iain 0.5008 acre trnct of land described on Exhibit A (the
"Property") hereto attached.
THE PROPERTY IS BEING QUITCLAIMED BY THE CITY OF ANNA "AS IS", "WHERE
IS", AND "WITH ALL FAULTS" WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHi\NTABILITY OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED. GRANTOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PROPERTY. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPEFUY BASED SOLELY ON GRANTEE'S OWN
INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE ON ANY
INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR
CONTRACTORS. GRANTOR HAS MADE NO AGREEMENT TO ALTER, REPAIR, OR
IMPROVE ANY OF THE PROPERTY.
Grantor:
ATTEST:
ACCEPTED: -·-----------
(Property Owner)
STATE OF TEXAS
COUNTY OF COLLIN
Before me, a notary public, on this day personally appeared Mil<e Crist, known to me to
be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this
~'~~~!'r.~z,,,,. CARRIE L. SMITH i~~{~\ Notary Public, State of Texas
\ii:·l~/~J My Commission Expires ~J;;r,;'t,\;l~~~ January 2 7, 20 I 9 My Commission Expires: ---~------·~;;;;;;~;;;;;;:;;;;;;WiO!~!iiliiliiiii....,;;;;;;tJ
City of Anna
61712016
EXHIBIT "A II
Page 1 o/3
FIELD NOTE DESCRIPTION
FOR CONVEYANCE OF 0.5008 ACRES
CITY OF ANNA, TEXAS
Parcel No. Al
US 75 Outer Loop
Being a 0.5008 acre tract of lan:d in the W.E. Throckmorton Survey, Abstract No. 899, and the William Kitchings
Survey, Abstract No. 0505, City of Anna, Collin County, Texas, said 0.5008 acre tract being the remainder of a
called 1.05 acre tract of land conveyed to the City of Anna by deed recorded in Instrument Number
20101117001260280 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.5008 acre tract being
more particularly described as follows:
BEGINNING at a 1/2" iron rod found with a cap stamped "BW2", said 1/2" iron rod being at the west property
corner of said 0.5008 acre City of Anna tract and in the south property line of a called 56.08 acre tract of land
conveyed to Anna Outer Loop, LTD, by deed recorded in Instmment Number 20150630000795650 of the
D.R.C.C.T., said 1/2" iron rod also being in the north property line of a called 1.4302 acre tract of land conveyed
to Collin County, Texas deed recorded in Instrument Number 20110509000475160 of the D.R.C.C.T., said iron
rod also being in the south line of a proposed 30-foot pern1anent water and sewer line easement (to be recorded by
others, refer to Exhibit B);
THENCE S 88°12'24" E, departing the south line of said easement and being along the common property line of
said 0.5008 acre City of Anna tract and said 56.08 acre Anna Outer Loop tract,, a distance of237.28 feet to a 112"
iron rod set with a cap stamped "BH&C" for a comer, said iron rod being at the beginning of a curve to the left;
THENCE, continuing along said common property line and along said curve having a radius 945.00 feet, a central
angle of 14°51'43", an arc distance of 245.12 feet (chord bearing-N 84°21'45" E and a chord distance of 244.44
feet) to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being the beginning of a curve to
the right;
THENCE, continuing along said common property line and along said curve having a radius 1,055.00 feet, a
central angle of 05°01 '42", an arc distance of 92.59 feet (chord bearing-N 79°26'45" E and a chord distance of
92.56 feet) to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being the northeast corner
of said 0.5008 acre City of Anna tract, and being on the south line of said 56.08 acre Anna Outer Loop tract, and
also being on the northwest property corner of a called 1. 72 acre tract of land conveyed to the City of Anna by
Final Judgment recorded in Instrument Number 20101117001260280, of the D.R.C.C.T.;
THENCE S 07°44'44" E, departing south property line of said 56.08 acre Anna Outer Loop tract, and being along
the common property line of said 0.5008 acre City of Anna tract and said 1. 72 acre City of Anna tract, a distance
of 96.09 feet to a 112" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being on the southeast
property comer of said 0.5008 acre City of Anna tract, said iron rod also being the southwest property comer of
said 1. 72 acre City of Anna tract, and being on the north property line of a called 0. 14 acre tract of land conveyed
to the City of Anna by Final Judgment recorded in Volume 5849, Page 114, of the D.R.C.C.T.;
THENCE N 88°44'22"W, departing the southwest property comer of said 1. 72 acre City of Anna tract, and being
along common property line of said 0.5008 acre City of Anna tract and said 0.14 acre City of Anna tract, a distance
of 257.15 feet to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being the northwest
property comer of a called 0.97 acre tract of land conveyed to the City of Anna, by Final Judgment recorded in
Volume 5849, Page 111, of the D.R.C.C.T., said iron rod also being on the n01theast property line of said 1.4302
acre Collin County tract;
H:IP1ojcclsv\nnal2015104 W, Foster Crossing Road Water Liae\Eosemenl Plnis\Dcscriptions\W, FOSTER CROSSJNO_US 75 OlfTER LOOP\Porcel Al.doc
City of Anna
61712016
EXHIBIT "A"
Page 2 of3
Parcel No. Al
US 75 Outer Loop
THENCE N 80°17'14''W, departing the northwest property corner of said 0.97 acre City of Anna tract, and being
along common property line of said 0.5008 acre City of Anna tract and said 1.4302 acre Collin County tract, and
within said water and sewer line easement, a distance of 332.03 feet to the POINT OF BEGINNING, and
containing 0.5008 acre (25,395 square feet) of land, more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. Field survey concluded on 04/07/2016.
3. A Property Conveyance Plat of even date
herewith accompanies this Field Note
Description.
DerekB. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Fim1No. 100318-00
11910 Greenville Ave., Suite 6 Pi"J,.
Dallas, Texas 75243 \:!j
Phone= 214-36~~, ;rr
lf/oft> \/)
H:\Projects\Anna\2015104 W. Foster Crossing Road Water Line\Eosement Plats\Descriptions\W, FOSTER CROSSING_ US 75 OUTER LOOP\Parcel Al ,doc
C>
{;
:5
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0
i
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<.:>
~
W.E. THROCKMORTON
SURVEY
ABSTRACT 0899
ANNA OUTER LOOP, LTD
(CALLED 56.08 ACRES)
INST. NO. 20150630000795650
D.R.C.C.T.
POINT OF
BEGINNING
S88'12'24"'E
237.28'
~
0
O>
CD
CD
ED
~
0
U1
0
U1
WIUJAM KITCHINGS
SURVEY
ABSTRACT 0505
arY Of' ANNA
(CAU.ED 1.C!e M:fES.
~0..5008~
tm. HO. 213101117001~
D.R.C.C.T.
CURVE OATt1
.!J=14"51'43"
R=945.00'
T=123.25
L=245.12'
C.B.=N 84°21 '45"' E
CURVEDAYl
t1:::SO 1 '42"
R=1055.00'
T=46.32 ----....
L=92.59'
C.B.=N 79°26'45" £
C.D.=92.56'
EXHIBIT 11A"
PAGE3 OF3
LEGEND
"l.R.F." IRON ROD
FOUND
"R.O.W." RIGHT OF WAY
"l.R.F.C." IRON ROD
FOUND CAPPED
"X FOUND" X FOUND
STAMPED JN CONCRETE
"PL" PROPER1Y LINE
"D.R.C.C.T" DEED RECORDS COLLIN
COUN1Y, TEXAS
"0" IRON ROD SET W/ CAP
STAMPED 0 BH&C"
- -ft ~
jr-ft
a. -c
i
~
--_,..~::z::;;>/"''"7""'/~,.....,.....,.-Jl....,.._~c.::.o.:::.=244.44' / \.' -ft
))/))}%!{) t'1f 4\ CITY OF ANNA
(CALLED 1.72 ACRES)
INST. NO. 20101117001260280
D.R.C.C.T.
:§
....
~ .,,
,g
= c
1/2" l.R.F.C.
~I --ft--
COLLIN COUNTY
(CALLED 1.4302 ACRES)
INST. NO. 20110509000475160
D.R.C.C.T.
- --ft-{l
~
;;:;
~ ;;;
0 ~
{
t ~ :x:
~
~
'° '-1
0 80 Ja•.•;;J
1 INCH = 80 FEEf
NOTES:
1. BEARINGS AND DISTANCES CITED IN THIS PLAT
DESCRIPTION ARE BASED ON THE TIXAS STATE
PLANE COORDINATE SYSTEM, NAD-83, lEXAS
NORTH CENTRAL ZONE 4202.
l
Cl1Y OF ANNA
(CALLED 0.97 ACRES,
REMAINING 0.033 ACRES)
VOL. 5849, PG. 111
D.R.C.C.T.
d _,..../'\.,~/ /;,: I{ i_)
,... ·~/ "w, ~. u·,. / ;:· 0V. h{i· LJ:.. -;;_ ( /f I IP
I &'-' I 0 '/. J ... ,;! v
/-,,257.15'
N88'44'22"W
'ft
......
---ft-
COLLIN COUNTY
TOLL ROAD AUTHORITY
(CALLED 9.90 ACRES)
Cl1Y OF ANNA
(CALLED 0.14 ACRES)
VOL 5849, PG. 114
D.R.C.C.T. INST. NO. 20090504000530520 COLLIN COUN1Y
(CALLED 12.9625 ACRES,
REMAINING 3.0625 ACRES)
INST. NO. 20081114001335080
D.R.C.C.T.
D.R.C.C.T.
PARCEL NO. A1
CITY OF ANNA, TEXAS
0.5008 ACRES IN ABSTRACT 505 & 899
PROPERTY CONVEYANCE PLAT
BIRKHOFF, HENDRICKS & CARTER L.L.P. S-1 2. FlEl.D SURVEYS CONCLUDED ON 04/07 /2016.
!jl 3. A FIELD NOTE DESCRIPTION OF EVEN DATE UR TBPEFirmNo. 526; TBPLS Firm No. 10031800
June
2016
•. ~-v S \J -v PROFESSIONAL ENGINEERS
~ HEREWITH ACCOMPANIES THIS EXHIBIT. ll910GreenvilleAve.,Suite600 Dallas, Texas75243 (214)361-7900
~ .... ~~~--~~~~~~------------~----~~~~~ .... ~~~~~~------~------------=-"------------~~----------~------------------~-------=='
E><H I BIT "2"
QUITCLAIM DEED
STATE OF TEXAS }
COUNTY OF COLLIN }
For and in consideration of the surn of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City of Anna, Texas ("Grantor'') does hereby QUITCLAIM its interest
to Anna Outer Loop LTD, and their respective successors and/or assigns ("Grantee,"
whether one or more) to that certain 0.033 acre tract of land described on Exhibit A (the
"Property") hereto attached.
THE PROPERTY IS BEING QUITCLAIMED BY THE CITY OF ANNA "AS IS", "WHERE
IS", AND "WITH ALL FAULTS" WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED. GRANTOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PROPERTY. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY BASED SOLELY ON GRANTEE'S OWN
INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE ON ANY
INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR
CONTRACTORS. GRANTOR HAS MADE NO AGREEMENT TC0 ALTER, REPAIR, OR
IMPROVE ANY OF THE PROPERTY.
Grantor: City ,T
Mike Crist, Mayor
ATTEST:
ACCEPTED:
(Property Owner)
STATE OF TEXAS
COUNTY OF COLLIN
Before me, a notary public, on this day personally appeared Mike Crist, known to me to
be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this
,,uu11111 .~6~,~~·' f.~~'~ CARRIE l. SMITH t:' __'.l'.1_ Notary Public. State of Texas
'°-~; .... {:"/ My Commission Expires '11ii,?.~.i''''' January 2 7, 2019
My Commission Expires:
City of Anna
61712016
EXHIBIT "A"
Page 1 of2
FIELD NOTE DESCRIPTION
FOR CONVEYANCE OF 0.033 ACRES
CITY OF ANNA, TEXAS
Parcel No. AJ
US 75 Outer Loop
Being a 0.033 acre tract ofland in the William Kitchings Survey, Abstract No. 0505, City of Anna, Collin County,
Texas, said 0.033 acre City of Anna tract being the remainder of a called 0.97 acre tract of land conveyed to the
City of Anna, by deed recorded in Instrument Number 20110509000475160 of the Deed Records of Collin County,
Texas (D.R.C.C.T.), said 0.033 acre tract being entirely within a proposed 30-foot permanent water and sewer line
easement (to be recorded by others, refer to Exhibit "B"), and being more particularly described as follows:
BEGINNING at a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said 1/2" iron rod being the
northwest property corner of said 0.033 acre City of Anna tract, and being in the south property line of a called
1.05 acre tract of land conveyed to the City of Anna by Final Judgment recorded in Instrument Number
20101117001260280 of the D.R.C.C.T., said 1/2" iron rod also being in the north property line of a called 1.4302
acre tract of land conveyed to Collin County, Texas by deed recorded in Instrument number 20110509000475160
of the D.R.C.C.T.;
THENCE S 88°44'23" E, along the common property line of said 0.033 acre City of Anna tract and said 0.5008
acre City of Anna tract, a distance of 95.62 feet to a 1/2" iron rod set with a cap stamped "BH&C" for a comer,
said iron rod being on the northeast prope1ty comer of said 0.033 acre City of Anna tract, and being on the
northwest prope1ty comer of a called 0 .14 acre tract of land conveyed to the City of Anna by deed recorded in
Volume 5849, Page 111 of the D.R.C.C.T.;
THENCE S 50°14'52" E, departing the south prope1ty line of said 0.5008 acre City of Anna tract, along the
c01mnon property line of said 0.033 acre City of Anna tract and said 0.14 acre City of Anna tract, a distance of
28.08 feet to a 1/2" iron rod set with a cap stamped "BH&C" for a corner, said iron rod being on the southeast
property comer of said 0.033 acre City of Anna tract, and being on the southwest property comer of said 0.14 acre
City of Anna tract, and also being on the no1th property line of said 1.4302 acre Collin County tract;
THENCE N 80°17'14"W, departing the southwest property corner of said 0.14 acre City of Anna tract, and being
along the common property line of said 0.033 acre City of Anna tract, and said 1.4302 acre Collin County tract, a
distance of 118.88 feet to the POINT OF BEGINNING, and containing 0.033 acre (835.43 square feet) of land,
more or less.
Notes;
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. Field survey concluded on 04/07/2016.
3. A Property Conveyance Plat of even date
herewith accompanies this Field Note
Description.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600 ()
Dallas, Texas 75243 /I (7,. , Phone: 214-361;;~~1(?;~
H:\Projecls\Anna\2015104 W. Foster Crossing Road Wntcr Line\Eascment Plats\Dcscriptionsl\V. FOSTER CROSSING_ US 75 OUTJJR LOOP\ParcelA3.doc
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W.E. THROCKMORTON
SURVEY
ABSTRACT 0899
-
fD
~
0
CD
<O
<O
-----
COLLIN COUNlY
(CALLED 1.4302 ACRES)
INST. NO. 20110509000475160
D.R.C.C.T.
ca------
~ ~
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1 INCH = 80 FEET
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0 tn
ANNA OUTER LOOP, LTD
(CALLED 56.08 ACRES)
INST. NO. 20150630000795650
D.R.C.C.T.
WIWAM KITCHINGS
SURVEY
ABSTRACT 0505
PROPOSE]) WAm? 11:
SEWER !.JN£ EJISEMDIT
(RUER TO EXHIBIT B) S50"14'52"E:
POINT OF
BEGINNING\
----It· -
-It--
588°44'2.J"E
95.62 1
CITY OF ANNA
(CAUED 0.97 ACRES,
REMAINING 0.033 ACRES)
l VOL 5849, PG. 111
D.R.C.C.T.
28.08'
CITY OF ANNA
(CALLED 1.054 ACRES,
REMAINING 0.5008 ACRES)
INST. NO. 20101117001260280
D.R.C.C.T.
CITY OF ANNA
(CALLED 0.14 ACRES)
5849, PG. 114
O.R.C.C.T.
'!(
'\.
EXHIBIT"A"
PAGE20F2
LEGEND
"l.R.F." IRON ROD
FOUND
"R.O.W." RIGHT OF WAY
"l.R.F.C." IRON ROD
FOUND CAPPED
"X FOUND" X FOUND
STAMPED IN CONCRETE
"PL" PROPERlY LINE
"D.R.C.C.T" DEED RECORDS COLLIN
COUNlY, TEXAS
"0" IRON ROD SET W/ CAP
I . F: STAMPED "BH&C"
58 LR •• ~
CITY OF ANNA .
---ll~~---
(CALLED 1.72 ACRES)
INST. NO. 20101117001260280
D.R.C.C.T. COWN COUNlY
(REMAINING 3.0625 ACRES)
INST. NO. 20081114001335080
D.R.C.C.T.
CALLED 12.9625 ACRES,
.:_It --=--=-r ---
-------
COLLIN COUNTY
TOLL ROAD AUTHORITY
(CALLED 9.90 ACRES)
INST. NO. 20090504000530520
D.R.C.C.T.
--It--.__,, -v
PARCEL NO. A3
CITY OF ANNA, TEXAS
~
I NOIES:
1• BEARINGS AND DISfANCES CITED IN THIS PLAT
DESCRIPTION ARE BASED ON THE TEXAS SfATE
PLANE COORDINATE SYSTEM, NAD-83, TEXAS
0.033 ACRES IN ABSTRACT 505
PROPERTY CONVEYANCE PLAT
!!: NORTH CENTRAL ZONE 4202.
~ I s. 2. FlELD SURVEYS CONCLUDED ON 04/07/2016. . BIRKHOFF, HENDRICKS & CARTER, L.L.P. j
.• PROFESSIONAL ENGINEERS une
~ 3. A FIELD NOTE DESCRIPTION OF EVEN DATE TBPE Firm No. 526; TBPLS Firm No. 10031800 2016
~ HEREWITH ACCOMPANIES THIS EXHIBIT. 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900
EXHIBIT 11 3 11
QUITCLAIM DEED
STATE OF TEXAS }
COUNTY OF COLLIN }
For and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City of Anna, Texas ("Grantor'') does hereby QUITCLAIM its interest
to Anna Outer Loop LTD, and their respective successors and/or assigns ("Grantee,"
whether one or more) to that certain 0. 14 acre tract of land save and except 0.0118 acres,
described on Exhibit A (the "Property") hereto attached.
THE PROPERTY IS BEING QUITCLAIMED BY THE CITY OF ANNA "AS IS'', "WHERE
IS", AND "WITH ALL FAUL TS" WITHOUT ANY REPRESENTATION OR WARR;')d'ffY
WHATSOEVER AS TO ITS CONDITION, FITNESS FOF~ ANY PARTICULAR
PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED. GRANTOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEf\l, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PF~OPERTY. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY BASED SOLELY ON GRANTEE'S OWN
INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE ON ANY
INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR
CONTRACTORS. GRANTOR HAS MADE NO AGREEMENT TO ALTER, REPAIR, OR
IMPROVE ANY OF THE PROPERTY.
Grantor:
ATTEST:
ACCEPTED:
---------·
(Property Owner)
STATE OF TEXAS
COUNTY OF COLLIN
Before me, a notary public, on this day personally appeared Mil\e Crist, known to me to
be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this
''""''''' ~~~~~·'-1'.vJ:'~ CARRIE L. SMITH i":~b:\n\ Notary Public, Slate ot Texas
;"::·.f~/N My Commission Expires
My Commission Exp ires: ______ ..l,!;;;~;;;;;;;;,;?,;;\,'~"9,~'· .. • ;;;;;;;;;;;;Jo;;;;n;;;;;u;;;;;ar;;ioy;;;;;2;;i7 .;;;2ai;o:i;a19;;;;;;;;;=.i
City of Anna
6/712016
EXHIBIT "A II
Page 1 o/3
FIELD NOTE DESCRIPTION
FOR CONVEYANCE OF 0.14 ACRES
CITY OF ANNA, TEXAS
Parcel No. A4
US 75 Outer Loop
Being a 0.14 acre tract ofland in the William Kitchings Survey, Abstract No. 0505, City of Anna, Collin County,
Texas, said 0.14 acre being the same 0.14 acre tract of land conveyed to the City of Anna, by Final Judgment
recorded in Volume 5849, Page 114 of the Deed Records of Collin County, Texas (D,R.C.C.T.), said 0.14 acre
tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said 112" iron rod being in the
northwest property comer of said 0.14 acre City of Anna tract and in the south property line of a called 1.05 acre
tract of land conveyed to the City of Anna, by Final Judgment recorded in Instrument Number
20101117001260280 of the D.R.C.C.T., said 1/2" iron rod also being in the northeast propetty line of a called
0.097 acre tract of land conveyed to City of Anna, by Final Judgment recorded in Volume 5849, Page 111 of the
D.R.C.C.T., said iron rod also being in a proposed 30-foot width permanent water and sewer line easement (to be
recorded by others, refer to Exhibit B);
THENCE S 88°44'19" E, along the north property line of said 0.14 acre City of Anna tract, passing through a
proposed variable width right-of-way for W. Foster Crossing Road, a distance of 813.21 feet to a 1/2" iron rod set
with a cap stamped "BH&C" for a comer, said iron rod being on the northeast property comer of said 0.14 acre
City of Anna tract, and on the east proposed right-of-way line for W. Foster Crossing Road, said iron rod also
being on the north property line of a 3.0625 acre remainder of a called 12.9625 acre tract of land conveyed to
Collin County by deed recorded in Instrument Number 20081114001335080 of the D.R.C.C.T., said iron rod being
at the beginning of a curve to the right;
THENCE, continuing along said common property line, and along said curve having a radius of 555.00 feet, a
central angle of 08°16'51 ", an arc distance of 80.21 feet (chord bearing-S 87°39 111" W and a chord. distance of
80.14') to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being generally within the
center line of said W. Foster Crossing Road;
THENCE N 88°12'24"W, continuing along said common property line, a distance of 407.46 feet to a 1/2" iron rod
set with a cap stamped "BH&C'' for a comer, said iron rod being at the begimung of a curve to the left;
THENCE, continuing along the said common property line of said 0.14 acre City of Anna tract and said 3.0625
acre Collin County tract, and along said curve having a radius 945.00 feet, a central angle of 14°13'25", an arc
distance of 234.59 feet (chord bearing-S 84°40 154" Wand a chord distance of233.99 feet) to a 1/2" iron rod set
with a cap stamped "BH&C" for a corner, said iron rod being a south property corner of said 0.14 acre City of
Anna tract, and being a west property comer of said 12.9625 acre Collin County tract, and an east property comer
of a called 1.4302 acre tract of land conveyed to Collin County by deed recorded in Instrnment Number
20110509000475160, of the D.R.C.C.T., said iron rod also being in said water and sewer line easement;
THENCE N 80°17'14"W, departing the west property comer of said 12.9625 acre Collin County tract, and being
along the common property line of said 0.14 acre City of Anna tract and said 1.4302 acre Collin County tract, a
distance of 72.14 feet to a 1/2" iron rod set with a cap stamped "BH&C" for a corner, said iron rod being on the
southwest property line of said 0 .14 acre City of Anna tract, and being on the northeast line of said 1.4302 acre
Collin County tract, and also being on the southeast property comer of said 0.097 acre City of Anna tract;
H:\ProjcclslAnna\2015104 W. Foster Crossing Road Water Line\Easement Plats\Descriptions\W. FOSTER CROSSING_ US 75 OUTER LOOP\Porccl A4,doc
City of Anna
61712016
Parcel No. A4
US 75 Outer Loop
EXHIBIT II A II
P11ge2of3
THENCE N 50°14'52"W, departing common property line of said 0.14 acre City of Anna tract and said 1.4302
acre Collin County tract, and being along the common property line of said 0.14 acre City of Anna tract and said
0.097 acre City of Anna tract, a distance of 28.08 feet to the POINT OF BEGINNING, and containing 0.14 acre
(5,657 square feet) of land, more or less, SA VE AND EXCEPT a 0.0118 acre tract ofland further described herein
and reserved for the W. Foster Crossing Road right-of-way.
Notes:
SAVE AND EXCEPT -W. FOSTER CROSSING ROAD RIGHT-OF-WAY
Being a 0 .. 0118 acre tract of land out of the herein described 0.14 acre City of Anna tract, said 0.0118
acre tract being reserved for the public right-of-way of W. Foster Crossing Road (a variable width right-
of-way), said 0.0118 acre tract being more paiticularly described as follows:
BEGINNING at the said 1/2" iron rod set with a cap stamped "BH&C" at the northeast property corner of
said 0.14 acre City of Anna tract, said 1/2" iron rod being in the east right-of-way line of said W. Foster
Crossing Road, said iron rod also being at the beginning of a curve to the right;
THENCE, departing the east right-of-way line of said W. Foster Crossing Road, being along the south
property line of said 0.14 acre City of Anna tract, and along said curve having a radius of 555.00 feet, a
central angle of 08°16'51 ", an arc distance of 80.21 feet (chord bearing-S 87°39'11" W and a chord
distance of 80.14') to a point for comer within the variable width right-of-way of said W. Foster Crossing
Road;
THENCE N 88°12'24"W, continuing along the south property line of said 0.14 acre City of Alma tract, a
distance of 50.43 feet to a point for comer, said point being in the west right-of-way line of said W.
Foster Crossing Road, said point also being at the begim1ing of a non-tangent curve to the left;
THENCE, departing south prope1ty line of said 0 .14 acre City of Anna tract, being along the west right-
of-way line of said W. Foster Crossing Road, and along said curve having a radius of 241.56 feet, a
central angle of 01°13'58", an arc distance of 5.22 feet (chord bearing-N 30°03'20" E and a chord
distance of 5.22 feet) to a point for comer, said point being in the north property line of said 0.14 acre
City of A:ima tract;
THENCE S 88°44'19" E, departing the west right-of-way of said W. Foster Crossing Road, being along
the north property line of said 0.14 acre City of Alma tract, a distance of 127.89 feet to the POINT OF
BEGINNING for this SAVE AND EXCEPT, and containing O.ol 18 acre of land, more or less.
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
De:rekB. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600 \-o 6523 ....,,:
2. Field survey concluded on 04/07/2016.
3. A Property Conveyance Plat of even date
herewith accompanies this Field Note
Description.
Dallas, Texas 75243 ;:/} <-1";~?""'ess\o;i;~··o'<'
Phone: 214-361-a/~/~q,~ 1'o suR\i"-'
1
DP
H:IProjeots\Anna\2015104 W. Foster Crossing Rood Water Lino\Ensernent Plots\Descdptions\W. FOSTER CROSSING_US 75 OUTER LOOPIPorccl A4,doc
~ .,, :s .,_
~ ....
0
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§
3
~
0
IQ
CITY OF ANNA
(CALLED 0.97 ACRES,
REMAINING 0.033 ACRES)
VOL 5849, PG. 111
D.R.C.C.T.
PERMANENT W47ER at'
SEWER UNE EASEMENT
(REFER TO EXHl8ff B) CITY OF ANNA
WIWAM KITCHINGS
SUR\IEY
.ABSTRACT" 0505
ANNA OUTER LOOP, LTD
(CALLED 55.08 ACRES)
INST. NO. 20150630000795650
D.R.C.C.T.
CONVEYANCE SUMMARY
GROSS ARCA -.QJi AC.
SAVE AND EXCEPT (R.O.W.) -.QJ21.ll!...AQ,
NEiARCA-~
30' PROPOSBJ PERMANENT
/.mTER & SEWER UNE
EASEMENT
(BY OTHERS)
LEGEND
"l.R.F."
"R.O.W."
IRON ROD
FOUND
RIGHT OF WAY
"J.R.F.C." IRON ROD
FOUND CAPPED
"X FOUND" X FOUND
STAMPED IN CONCRETE
"PL" PROPERlY LINE
·o.R.c.c:r" DEED RECORDS COLLIN
COUNlY, TEXAS
"O"
~I COLLIN COUNTY ~ (CALLED 1.4302 ACRES)
8 INST. NO.
5 20110509000475160
(CALLED 1.054 ACRES,
REMAINING 0.5008 ACRES)
INST. NO. 20101117001260280 -----if~5/8" l.R.F. D.R.C.C.T.
S4VE AND EXCEPT
R.O.W.
0.0118 ACRES
IRON ROD SE!' W/ CAP
STAMPED "BH&C"
r
' _.<"<1 >-~ '""" I . ··. "· "· ., I D.R:C.C.T. ~
12
j --f[_-
~ ~1-I----
CITY OF ANNA //''/\, .,, '
Cl.l/i'l!E' lM1i! "
(CALLED 1.72 ACRES) S88.44'1B"E: tJ=rt3"58" )\:'··,. .'· \
INST. NO. 20101117001260 813.21'1 1?=242.65'~ / '· ·,_/ oslS~ ~D·,.t ~
0 a:
c:
~
~
:5
]
{
e <.>
~
~ .z
""' ....
0
;;;
0
~
J
i
I
w
~ ~
<o
r.;> D.R.C.C.T. Ts2.61 /', '/' ,,,_ f sS\~I tt. ~ C.8.-""S .J(TOJ'21Ja w . . cl'-' 'L • L""5.22' /' '-, \ ~' 0
C.b.-5.:22' f ··--·-·-.~ .. ~ 127.89'
-rt.-
POINT OF
BEGINNING
- . rt.
CURVE: QA7A r----
!J=14'13'25"
R=94S.OO'
T=117.90
L=234.59'
C.B.=S 84.40'54" W
C.D.=233.99' Nso·14'52"'W
28.08'
WY OF NmA \
{CILl.ED 0.14 ACRES)
VOi.. 5849. PG. 114 D.R.C.C..T. \
NOlES:
1. BEARINGS AND DISTANCES CITED IN 1HIS PLAT
DESCRIPTION ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD-83, TEXAS
NORTH CENTRAL ZONE 4202.
COLLIN COUNTY
TOLL ROAD AUTHORITY
(CALLED 9.90 ACRES)
INST. NO. 20090504000530520
D.R.C.C.T.
CURVE DATA
/1=8°16'51 a
R=555.00'
T=40.18
L=B0.21'
C.B.=S 8/39'11,, W
C.D.=80.14' --rr.---
EXHIBIT"A 11
PARCEL NO. A4
CITY OF ANNA, TEXAS
0.14 ACRES IN ABSTRACT 505
PROPERTY CONVEYANCE PLAT
$
~ .• 2. FIELD SURVEYS CONCLUDED ON 04/07/2016. 1 BIRK.HOFF, HENDRICKS & CARTER, L.L.P.
!:! 3. A FIELD NOTE DESCRIPTION OF EVEN DATE PROFESSIONALENGINEERS June
(:; HEREWITl-! ACCOMPANIES 1HIS EXHIBfL 1 INCH= 100 FEET . TBPEFirmNo.526;TBPLSFinnNo.l0031800 2016
a:: 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900
PAGE3 OJF 3
EXHIBIT 11 4 11
QUITCLAIM DEED
STATE OF TEXAS }
COl)NTY OF COLLIN }
For and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowled~Jed, the City of Anna, Texas ("Grantor") does hereby QUITCLAIM its interest
to Anna Outer Loop LTD, and their respective S\Jccessors and/or assigns ("Grantee,"
whether one or more) to that certain 1.72 acre tract of land save and except 0.02524
acres, described on Exhibit A (the "Property") hereto attached.
THE PROPERTY IS BEING QUITCLAIMED BY THE CITY OF ANNA "AS IS", "WHERE
IS", AND "WITH ALL FAULTS" WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED. GRANTOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PROPERTY. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS PURCHASING THE PROPERTY BASED SOLELY ON GRANTEE'S OWN
INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE ON ANY
INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR
CONTRACTORS. GRANTOR HAS MADE NO AGREEMENT TO ALTER, REPAIR, OR
IMPROVE ANY OF THE PROPERTY.
Grantor:
ATTEST:
ACCEPTED:
·----~-----·
(Property Owner)
~-------·-----------------·-~--·---------~------------·
(Prope1iy Owner)
STATE OF TEXAS
COUNTY OF COLLIN
Before me, a notary public, on this day personally appeared Mike Crist, known to me to
be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this
!:_.~::~it'.}~ Notor CARRIE L. SMITH b:._r'{:U M Y Public, State ot Te
My Cotnm .1ss'1on Exp'1res·. -,,•,;· .... :.~$ Y Comm1ss1·0 E xas ,,,,· "' ,~,,,, J n Xplres ~~~-....;;~;"11~1 "~~;,;.;; ... ~o~n~u~or~y~2~1,~2~o~J9~_/j
City of Anna
6/712016
EXHIBIT "A"
Page 1 o/3
FIELD NOTE DESCRIJPTION
FOR CONVEYANCE OF 1.72 ACRES
CITY OF ANNA, TEXAS
Parcel No. A5
US 75 Outer Loop
Being a 1.72 acre tract ofland in the William Kitchings Survey, Abstract No. 0505, City of Anna, Collin County,
Texas, said 1. 72 acre tract being the same 1. 72 acre tract of land conveyed to the City of Anna, by Final Judgment
recorded in Instrument Number 20101117001260280, of the Deed Records of Collin County, Texas (D.R.C.C.T.),
said 1. 72 acre tract being more particularly described as follows:
BEGINNING at a 112" iron rod set with a cap stamped "BH&C" for a corner, said 1/2" iron rod being the
n01thwest property comer of said 1.72 acre City of Anna tract, and in the south prope1ty line of a called 56.08 acre
tract of land conveyed to Anna Outer Loop, LTD, by deed recorded in Instrument Number 20150630000795650 of
the D.R.C.C.T., said 1/2" iron rod also being on the northeast property comer of a called 1.054 acre tract of land
conveyed to the City of Anna by Final Judgment recorded in Instrument Number 20101117001260280, of the
D.R.C.C.T., said iron rod being at the beginning of a curve to the right;
THENCE, along the common property line of said 1. 72 acre City of Anna tract and said 56.08 acre Anna Outer
Loop tract and along said curve having a radius 1,055.00 feet, a central angle of 09°50'00", an arc distance of
181.06 feet (chord bearing-N 86°52 136" E and a chord distance of 180.84 feet) to a 1/2" iron rod set with a cap
stamped "BH&C" for a corner;
THENCE S 88°12 124 11 E, along said common property line, a distance of 407.46 feet to a 1/2" iron rod set with a
cap stamped "BH&C" for a comer, said iron rod being at the beginning of a curve to the left;
THENCE, continuing along said common property line, passing through a proposed 30-foot pennanent water and
sewer line easement (to be recorded by others, refer to Exhibit B), and along said curve having a radius 445.00
feet, a central angle of 13°07'05", an arc distance of 101.88 feet (chord bearing-N 85°14 104 11 E and a chord
distance of 101.66 feet) to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being the
northeast corner of said 1.72 acre City of Anna tract, and on the south line of said 56.08 acre Anna Outer Loop
tract, also being on the west prope1ty line of a called 30.676 acre tract of land conveyed to the Luscombe Family
Trust by deed recorded in Volume 5385, Page 4952, of the D.R.C.C.T., and also being on the west proposed right-
of-way line of W. Foster Crossing Road (variable width right-of-way);
THENCE S 01°47 13611 W, departing said 56.08 acre Anna Outer Loop tract and the proposed west right-of-way
line, along said 30.676 Luscombe tract, a distance of 115.63 feet to 1/2 11 iron rod set with a cap stamped "BH&C"
for a comer, said iron rod being on the south west corner of said 30.676 acre Luscombe tract, and on the north
property line of a remaining 3.0625 acre tract of land from a called 12.9625 acre tract of land conveyed to Collin
County by deed recorded in Instrument Number 200811140011335080 of the D.R.C.C.T., said point also being on
the proposed east right-of-way line of said W. Foster Crossing Road;
THENCE N 88°44 119 11 W, departing said 30.676 acre Luscombe tract, along said right-of-way and the common
property line of said 1. 72 acre city of Anna tract, and said 3.0625 acre Collin County tract, a distance of 21.06 feet
to a 1/2" iron rod set with a cap stamped "BH&C" for a comer, said iron rod being on the south property line of
said 1.72 acre City of Anna tract, and the n01th property line of a called 0.14 acre tract of land conveyed to the
City of Arma tract by deed recorded in Volume 5849, Page 114, of the D.R.C.C.T.;
THENCE N 88°44 118" W, along said common property line, a distance of 651.68 feet to a 1/2 11 iron rod set with a
cap stamped "BH&C" for a corner, said iron rod being on the southwest property corner of said 1. 72 acre City of
Anna tract, on the north property line of said 0.14 acre City of Arma tract, and on the southeast property corner of
said 1.054 acre City of Anna tract;
H:\Projecls\Anna\2015104 W, Foster Crossing Road Water Line\Easement Plais\Descriplions\W. FOSTER CROSSING_ US 75 OUTERLOOP\Porcel AS.doc
City of Anna
61712016
Parcel No. A5
US 75 Outer Loop
EXHIBIT "A II
Page2of3
THENCE N 07°44'44" W, departing said 0.14 acre City of Anna tract, along common property line of said 1.72
acre City of Anna tract and said 1.054 acre City of Anna tract, a distance of 96.09 feet to the POJNT OF
BEGINNING, and containing 1.72 acre (72,502 square feet) ofland, more or less, SAVE AND EXCEPT a 0.2524
acre tract of land further described herein and rese1ved for the W. Foster Crossing Road right-of-way.
Notes:
SAVE AND EXCEPT-W. FOSTER CROSSING ROAD RIGHT-OF-WAY
Being a 0.2524 acre tract of land out of the herein described 1. 72 acre City of Anna tract, said 0.2524
acre tract being reserved for the public right-of-way of W. Foster Crossing Road (a variable width right-
of-way), said 0.2524 acre tract being more particularly described as follows:
BEGINNING at the said 1/2" iron rod set with a cap stamped "BH&C" for comer at the northeast
property comer of said 1.72 acre City of Anna tract, said 1/2" iron rod being in the northwest right-of-
way line of said W. Foster Crossing Road;
THENCE S 01°47'36"W, depaiting the northwest right-of-way line of said W. Foster Crossing Road,
being along the east prope1ty line of said 1.72 acre City of Amia tract, a distance of 115.63 feet to the
said 112" iron rod set for comer at the southeast property comer of said 1. 72 acre City of Anna tract, said
iron rod also being in the southeast right of-way line of said W. Foster Crossing Road;
THENCE N 88°44'19" W, along the southeast right-of-way of said W. Foster Crossing Road, and the
south property line of said 1.72 acre City of Anna tract, a distance of 21.06 feet to the said 112" iron rod
set with a cap stamped "BH&C" for a comer;
THENCE N 88°44'18" W, continuing along the south prope1iy line of said 1.72 acre City of Anna tract,
depa1iing the southeast right-of-way line of said W. Foster Crossing Road, a distance of 127.86 feet to a
point for a comer, said point being in the no1ihwest right-of-way line of said W. Foster Crossing Road,
said point also being at the beginning of a non-tangent curve to the left;
THENCE, depaiting the south property line of said 1. 72 City of Anna tract, being along the northwest
right-of-way line of said W. Foster Crossing Road, and along said curve having a radius of 241.56 feet, a
central angle of 46°09'59", an arc distance of 194.64 feet (chord bearing-N 53°38'22" E and a chord
distance of 189.41 feet) to the POJNT OF BEGlNNING for this SAVE AND EXCEPT, and containing
0.2524 acre ofland, more or less.
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas No1th Central Zone 4202.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600 I)
Dallas, Texas 75243 (>{ . · 2. Field survey concluded on 04/07/2016.
3. A Prope1iy Conveyance Plat of even date
herewith accompanies this Field Note
Description.
Phone: 214-361-7900 d.4-r-i·· /) a)V,1 Ilf
-· {) D(r(
H:\Projects\Anna\2015104 \V. Foster Crossing Road Water Line\Easernent Plats\Descriptions\\V, FOSTER CROSS!NG_US 75 OUTER LOOP\Parcel AS.doc
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WHJJAM KntHINGS
SURVEY
ABSTRACT 0505
ANNA OUTER LOOP, LTD
(CALLED 56.08 ACRES)
INST. NO. 20150630000795650
D.R.C.C.T.
S88'12'24"E
CONVEYANCE SUMMARY
GROSS AREA -~ AC.
SAVE.AND EXCEPT (R.O.VI.) -~
NETARfA-~
CU!?J/E DA7!4
lJ.=13'0705,.
R=445.00;
T=51.17 ----...
L=101.88'
C.B.=N 85'14'o4" E
C.D.=101.66'
l
I
EXHIBITnN 1
J>AGE3 OF3
LEGEND
"J.R.F." IRON ROD
FOUND
"R.o.w: RIGITT OF WAY
"l.R.F.C. • IRON ROD
FOUND CAPPED ~ "X FOUND" X FOUND
STAMPED JN CONCRETE
"PL" PROPERlY LINE
"O.R.C.C.T' DEED RECORDS COWN
COUNTY, TEXAS
'O" IRON ROD SEr W/ CAP
STAMPED "BH&:C" !
~ ~
C.B.=N 86"52'36" E
C.0.=180.84'
WAlER & SEY/ER LINE
EASEMENT
4 07.4S'l PROPOSED PER.MANENT
";..._----~----0 ....... -------.![ (REFER TO EXHIBIT 8) / 1
I CITY OF A~NA J CllY OF ANNA /~ ......-.. ~
t
i
LUSCOMBE FAMILY TRUST
(CALLED 30.676 ACRES)
VOL 5385, PG. 4952
D.R.C.C.T. c::
~ Ri~~~~ ~~~~8A~~~~s) s;sn 1.R.F; (CALLED 1 .72 ACRES) /<\)/ . -=:·-51~11-~D-:~ ~:;~;r ~ INST. NO. 20101117001260280 INST. NO. 20101117001200280 ' : .-.-·,~!-~05\tl(L. ~~ ~":!,~~.~·
:i: o.R.c.c.T. _ D R c c T . . ·•· · :. c~..o?-· ~ · -: c.e.=s &:JB'22~ w 8 -0 .. " • • ' ' •• ·, .• •• ,. -_·-C.0.=189.41'
"' ![--ii - -I _ j sr473s"W It
~ -~ N88'44'18"W Ii 115.63' ~ Cl1Y OF ANNA - -651.68' N88'44'19"W ~ (CALLED 0.14 ACRES) ---.~ D/1 w 21.06'
;i: VOL. 5849, PG. 114 --~ "-.. D.R.C.C.T. --It-_,
E ~ COLLIN COUNTY ~ COWN COUNTY TOLL ROAD AUTHORITY COLLIN COUNTY _ . ~ (CALLED 1.4302 ACRES) (CALLED 9.90 ACRES) (REMAINING 3.0625 ACRES) ~ INST. NO. 20110509000475160 INST. NO. 20090504000530520 INST. NO. 20081114001335080 ~ D.R.C.C.T. D.R.C.C.T. D.R.C.C.T. $ CALLED 12.9625 ACRES
= ~ ~I \\ I ~·~s< ~ ij /J'°" ' ~ NOTES: l / ,,~ I ~( (,,
!5! 1. BEARINGS AND DISfANCES CITED JN THIS PLAT L.1.--::r_ I (/71· f
< DESCRIPTION ARE BASED ON THE TEXAS STATE CJ'{-'i
PLANE COORDINATE SYSTEM, NAD-83, TEXAS
COLLIN COUNTY
(REMAINING 3.0625 ACRES)
INST. NO. 20081114001335080
D.R.C.C.T.
CALLED 12.9625 ACRES -----
PARCEL NO. AS'
CITY OF ANNA, TEXAS
1. 72 ACRES IN ABSTRACT 505
PROPERTY CONVEYANCE PLAT
~ NORTH CENTRAL ZONE 4202.
~ 2. FJELD SURVEYS CONCLUDED ON 04/07/2016. BIRKHOFF, HENDRICKS & CARTER, L.L.P. Ii
~ 3. A FJELD NOTE DESCRIPTION OF EVEN DATE ~ROFESSIONAL ENGINEERS
June
2016 ~ HEREWITH ACCOMPANIES THIS EXHIBfT 1 INCH = 100 FEIT '-.... TBPE F1rmNo. 526; TBPLS FinnNo.10031800 "" • 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900
\.,
Date: __ / ___ /2016
Grantor: Anna Outer Loop Ltd
Grantor's Mailing Address:
7012 Duffield Dr.
Dallas, TX 75248-7402
EXHIBIT "511
PERMANENT WATER & SEWER EASEMENT
Grantee: City of Anna, Texas, a municipal corporation
Grantee's Mailing Address:
P.O. Box 776
Anna, Texas 75409 in Collin County, Texas
Permanent Water & Sewer Easement: The Permanent Water & Sewer Easement ("Easement") is 0.221 acres of property, said 0.221
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 water and sewer utility lines, 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 the Easement 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 water and sewer utility lines 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 by, through, or under Grantor but not otherwise, 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 and their
appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary
to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
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 Construction Easement: Grantee has the right to use up to 15 feet of Grantor's property adjacent to the Easement as may be
reasonably necessary to construct and install the water and sewer utility lines within the Easement that are reasonably suited to the Easement
Purposes. After full completion of Grantee's construction and installation of improvements, or within twelve (12) months from the date
thereof whichever occurs first, this Temporary Construction Easement shall expire. Grantor must reasonably restore the land situated
within the Temporary Construction Easement to its physical condition if changed by use of the rights granted by this Temporary
Construction Easement.
Reservation of Rights: Grantor reserves unto Grantor and Grantor's successors and assigns the right to use the Easement for all purposes
which do not interfere with the use of the Easement by Grantee for the Easement Purpose. Specifically, but not as a limitation, Grantor
reserves the right to use the Easement for landscaping and driveways. Grantee agrees to allow Grantor access to water and sewer main
lines located within the Easement consistent with and subject to the requirements in the Citv's development regulations. Grantee will
authorize other utilities to cross the Easement provided the crossing does not endanger or interfere with the efficiencv. safetv. and/or
convenient operation of the aforementioned water and sewer lines and their appurtenances.
Anna Outer Loop, Ltd.
STATE OF TEXAS
ACKNOWLEDGMENT
§
§
§
Before me on this day personally appeared Samuel Rosenzweig, the Manager of Anna Outer Loop
GP LLC, a Texas limited liability company, the general partner of Anna Outer Loop, Ltd., a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed and in
the capacity therein stated and as the act and deed of said limited liability company acting as general partner
of said limited partnership.
Notary Public, State of Texas
City ofAnna
6/7/2016 Exhibit "A" Parcel No. A I
W. Foster Crossing 0111e1· Loop
FIELD NOTE DESCRIPTION
PERMANENT WATER & SEWER LlNE EASEIVIENT
CITY OF ANNA> TEXAS
Being a strip of land, 30-foot in width for a permanent water and sewer line easement in the W.E. Throckmorton
Stirvey Abstract No. 899, and in the William Kitchens Survey Abstract No. 505, City of Anna, Collin County,
Texas, and being under, over, and across a 0.5008 acre tract of land, the remainder of a called l .05 acre tract of land
conveyed to the City of Anna., by deed recorded in Instrnment Number 20101117001260280 of the Deed Records of
Collin County, Texas (D.R.C.C.T.), sllid pen11anent water and sewer line casement being more particularly
described as follows:
BEGINNING at a 1/2" iron rod found with a cap stRmped 11 BW211 , said 1/2" iron rod being at the west property
corner of said 0.5008 acre City of Anna tract and in foe south property line of a called 56.08 acre tract of land
conveyed to Anna Outer Loop, LTD, by deed recorded in Instnunent Number 20150630000795650 of the
D.R.C.C.T., said 1/2" iron rod Rlso being in the north property line of a called 1.4302 acre tract of land conveyed to
Collin County, Texas deed recorded in Instrnmcnl Number 20110509000475160 of the D.R.C.C.T., said iron rod
bears N 69°16'36" E, a distance of 287 .29 feel from a 3" TxDOT Disk found on a southwest ]Jtoperty comer of said
I .4302 acre Collin County tract, and on the cast right-of-way line of U.S. Highway 75 (variable width right-of-way);
TJ-illNCE S 88° l 2'24" E, along said common property, a distance of 214.31 feet to a point for comer;
111ENCE s 80°09'36" E, dcpaiting Sflid common property line, a distance of 308.13 foot to a point for comer, said
point being on the south property line of said I .05 acre City of Anna tract find on the north properly lino of a Called
0.14 acre tract of land conveyed to the City of Anna, by deed recorded in VolLJmc 5849, Pngc 114 of the D.R.C.C.T;
THENCE N 88°44'21" W, along said common properly line, passing into the conunon property line of said 1.05
acre City of Arma tract and a called 0.97 acre tract of land conveyed to the City of Anna by deed recorded in
Volume 5849, Page 111 of the D.R.C.C.T., a distance of 200.84 feet to a point for comer, said point being on the
south property line of said 1.05 acre City of Anna tract, on the west property corner of said 0.97 acre City of 1\nna
tract, and on the north property line of said 1.4 302 acre Collin County trncl;
THENCE N 80°17' 14" W, departing the conunon property line of said 1.05 acre City of Anna tract and said 0.97
acre City of Anna tract, along the common property line of said 1.05 acre City of Anna tract and said 1.4302 acre
Collin County tract, a distance of 332.03 feet to the POJNT OF BEGINNING, said 30-foot permanent water and
sewer line casement containing 0.221 acres (9,614 square feet) ofland, more or less.
Noi!lil:
1. Bearings and distances cited in this field
note descriptio11 are based on the Texas
State Plane Coordinate System, NAD-83,
Texas Notih Central Zone 4202.
2. Field survey concluded on 04/07/2016.
3. An Em:cment Plat of even date herewith
accompanies this E'ield Note Description.
Derek B. Chaney, P.E., R.P,L.S.
Texas Registration No. 6523
Birkhoft: Hendricks & Caiter1 L.L.P.
TBPLS Ffrm No. 100318-00
11910 ~7recnville Ave., Suite 600/)
Dallas, fexas 75243 /)~;(
Phone: 214-36~~7~~(;1,/J
(_f--0 0
H:\PrnJc<H\Ai\flJ\20f5!0-J \\'. l:ostcc Crossing Ho;irl \V~k( line\ffa_'icmtnl Pfafs\D.-.scri'ptioM\W FOSTrR CROSSING IJS 75 O')"fElt LOO"\P
. . ' -' ' • ' M«lill RX·D.coc Page I of2
~r-~ .... ~--~~~~~~~~~~~~~~~~~~~~~~~~~~~ .... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~~~~~~~~~~~~~~~~~~~~~~~
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POINT OF
BEGINNING
W.E. THROCKMORTON
SURVEY
ABSTRACT 0899
ANNA OUTER LOOP, LTD
(CALLED 56,08 ACRES)
INST. NO. 20150630000795650
D.R.C.C.T.
1/2n LR.F.C.
G;
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WILLWA KITCHINGS
SURVEY
ABSTRACT 0505
CITY OF .11\NNA
(CAL!.ED 1~ ~) ~1i1117001200200 ~-f«>. D.P~c.c:r.
,!I)
~
P-1
Cd
P-1
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LEGEND
"l.R.F."
"R.o.w:
"l.R.F.C."
PAGE20F2
IRON ROD
FOUND
RIGHT OF WAY
IRON ROD
FOU!'{D CAPPED
"X FOUND" X FOUND
STAMPED IN CONCRETE
"PL" PROP!RTY LINE
"D.R.C.C.T" DEED RECORDS COWN
·o·
·o·
COUNTY. TEXAS
IRON ROD SET W/ CAP
STAMPED "BH&C"
POINT (NO MONUMENT)
5
£('fl 308. 13 ' . -fl.
- -If.
= ~
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2
vr 1.R.F.c. / / ~ 19s.ag ?.~ ''
6
'WW
-'g'\0 UN1Y NB0'/7 ,
·>A'O COLLIN CO Ar:RES) 332.03
14302 "' r
(C\Lw;01-10509000'75lSO _ --;,.. ' "X" FND
TxDOT 3"
DISK
-rt-INST. NO. D.R.C.C.T. -0 , -A' NNA
CITY OF ANNA
(CALLED 1.72 ACRES)
INST. NO. 20101117001260280
D.R.C.C.T.
--If.-
COLLIN COUNTY I -'L l , CITY OF A ES)
.L..Y 0 14 ACR CITY OF ANNA (CAllED
4
9 PG. 114 97 ACRES, VOL 58 '
I (CALLED 0. 033 ACRES) D.R.C.C.T. PERMANENT 30 UNE REl~~L~1~~4~ .. PG. 111
'![_
........ TOLL ROAD AUTHORITY
(CALLED 9.90 ACRES)
INST. NO. 20090504000530520 WAllR Jc SEWER D.R.C.C.T. EASEMENT COLLIN COUNTY
(CALL£D 12.9625 ACRES,
REMAINING 3.0625 ACRES)
INST. NO. 20081114001335080
D.R.C.C.T.
0 00
1;J;ww] mta ~ · IEm:la m
1 !NCH = 80 FEET
NOiES:
1. SEARINGS AND DISTANCES CITED IN 1HIS PLAT
DESCRIPTION ARE B>ISED ON THE TEXAS STATE
P!ANE COORDINATE SYSTEM. NAD-83. 1EXAS
NORTH CENTRAL ZO~<E 42.02.
{0.221 ACRES)
D.R.C.C.T.
PARCEL NO. A 1
CITY OF ANNA, TEXAS
PERMANENT 30' WATER & SEWER LINE EASEMENT
r!)P 1 ~ J C -o LP 2. Flao suRVEYs coNcLUDED oN 04/07/.,016 / BIRKHOFF, HENDRJCKS & ARTE ... " L. . . June .• -. PROFESSIONAL ENGINEERS
§ 3. A FlE!.D NOTE DESCRIPTION OF EVEN DATE TEPE Firm No. 526; TBPLS Firm No. 10031800 2016 ~ HEREWITI1 ACCOMPANIES THIS EXHISrT. 11910 Grcenvi11e Ave~ Suite 600 Dallas, Texas 75243 (214) 36!-7900
Date: __ / ___ /2016
Grantor: Anna Outer Loop Ltd
Grantor's Mailing Address:
7012 Duffield Dr.
Dallas, TX 75248-7402
EXHIBIT 11 6 11
PERMANENT WATER & SEWER EASEMENT
Grantee: City of Anna, Texas, a municipal corporation
Grantee's Mailing Address:
P.O. Box 776
Anna, Texas 75409 in Collin County, Texas
Permanent Water & Sewer Easement: The Permanent Water & Sewer Easement ("Easement") is 0.033 acres of property, said 0.033
acres being a strip of land of variable width. 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 water and sewer utility lines, within the bounds of the Easement.
Consideration: The sum often 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 the Easement 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 water and sewer utility lines 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 by, through, or under Grantor but not otherwise, 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 and their
appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary
to prevent possible interference. with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
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.
Tern porary Construction Easement: Grantee has the right to use up to 15 feet of Grantor's property adjacent to the Easement as may be
reasonably necessary to construct and install the water and sewer utility lines within the Easement that are reasonably suited to the Easement
Purposes. After full completion of Grantee's construction and installation of improvements, or within twelve (12) months from the date
thereof whichever occurs first, this Temporary Construction Easement shall expire. Grantor must reasonably restore the land situated
within the Temporary Construction Easement to its physical condition if changed by use of the rights granted by this Temporary
Construction Easement.
Reservation of Rights: Grantor reserves unto Grantor and Grantor's successors and assigns the right to use the Easement for all purposes
which do not interfere with the use of the Easement by Grantee for the Easement Purpose. Specifically, but not as a limitation, Grantor
reserves the right to use the Easement for landscaping and driveways. Grantee agrees to allow Grantor access to water and sewer main
lines located within the Easement consistent with and subject to the requirements in the Citv's development regulations. Grantee will
authorize other utilities to cross the Easement provided the crossing does not endanger or interfere with the efficiencv, safetv. and/or
convenient operation of the aforementioned water and sewer lines and their appurtenances.
Anna Outer Loop, Ltd.
STATE OF TEXAS
COUNTY OF _Ll_L_r _Cl_' v_·_j_· _
ACKNOWLEDGMENT
§
§
§
Before me on this day personally appeared Samuel Rosenzweig, the Manager of Anna Outer Loop
GP LLC, a Texas limited liability company, the general partner of Anna Outer Loop, Ltd., a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed and in
the capacity therein stated and as the act and deed of said limited liability company acting as general partner
of said limited partnership.
\ Given under my hand and seal of office on this _____ day of &''°~' 2016.
Notary Public, State of Texas
City of Anna
617/2016
Parcel No. A3
W. Foster Crossing Outer Loop
EXHIBIT 11A 11
FIELD NOTE D;ESCR1PTION
PERMANENT WATER &SEWERLINE EASEMENT
ClTY OF ANNA~.TEXA,S
Being a strip of fond 1 variable in width fo:r n permanent water and sewer line easement in the William Kitchens
Survey; Abstract No. 505 1 City of Anna; Collin Copnty, Texas, i\nd being under, over, and across the re11Ulilling
0.033 acres of a called 0.97 f!cre tract. of land conveyed to the City of Anna., by deed recorded :in Vohrm.e 5849,
Pnge 111 of the Deed Records of Collin County, Texas (D.R.C,C.'f.), said pennanent water and sewer line easement
being mo:re partfoularly described as follows:
BEGINNJNG at a 112u iron rod set with a cap stamped "BEI&C11 for a comer, said 1/2 11 iron rod being the west
property corner of said 0.033 acre City of Anna tract and in the south property line of a called 1.05 acre tract of land
convcyecL to the City of Annaj by Final Judgment recorded in Instrument Number 20101117001260280 of the
D.R.C.C.T., said 1/211 iron .rod also being in the 11ortl1 pro1Jetty line of a called 1.4302 acre tract oflartd conveyed to
Collin Coiinty> Texas by deed recorded in Instrument number 20110509000475160 of the D.R.C.C.T., said 1.4302
acre Collin County trnct being pmi of said 1.05 acre City of Anna tn1ct and part of a said 0.97 acre City of Anna
tract;
THENCE S 88°44 123" E, along the common propmty line of snid 0,033 acre City of Anna tmct and said 0.5008 acre
City of Anna trnct, a distance of 95.62 feet to a 1/2 11 iron rod set with a cap stnmped 11BH&C 11 for a comer, said
corner being on the noitheast prnperty corner of :mid 0.033 acre City of Anna tract, on the ilorthwest property comer
of a called 0.14 acre tract 9f land conveyed to tbe City of Anna by deed recorded fo .Volume 5849, Page 111 of the
D.R.C.C.T.;
11IENCE S 50°ltP52'1 E, depar!it1g the property line of said 0.5008 acre City of Atma tract, along the co1111non
property line ()f said 0.033 acre City nf Anna tract and sflid 0.14 acre City of Am1a tract, a distance of 28.08 feet to a
1/211 iron rod set.with a cap stamped "BH&C" for a corner, said cot11er being on the southeast property comer of said
0.033 acre City of AriM 1ract, the southwest property corner of said 0.14 acre City of Annn tract, and also being on
· the north property line of said 1.4302 acre Collin C01mty tract;
THENCE N 80"17'14"W, departing said 0.14 acre City of Arma tract, and being along the co1nmon property line of
said 0.033 acre City of Anna tract, and said 1.4302 acre Collin County tract, a distauce of 118.88 feet to the POINT
OF BEGINNING, said permanent water and sewer H110 easement containing 0.033 acre (835.43 square feet) of laud,
more oi-less.
Notes:
1. Bearings and distances cited in this field
note desc1·iption are hascd on the Texas
State Plane Coordfoate System, NAD-83,
Texas North Cent.ra1 Zone 4202.
2. Field survey concluded on 12/16/2015.
3. An Easement nat of even <lnte herewith
accompanies this Field Note Descriplion.
DerekB. Chnney, P.R 1 R.P:L.S.
Texas Registration No. 6523
Bfrkhoff~ Hendricks & Cmier, LL.P.
TBPLS Finn No. 10031 S-00
119·1. O Greenville Ave" Suite 600v
Dallas, Texas 75243 /J
l111011c: 214-361-7900 ;;tr· . ,·
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ABSTRACT 0699
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ANNA OUTER LOOP, LTD
(CALLEO 5&.08 ACRES)
i}lST. NO. 20150530000795550
D.R •. C.C.T.
WJWAM KITCHING$
SURVEY
ABSTRACT 0505
. PERMANENT WAID? &
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PAGE20F2
LEGEND
"l.R.F. • IRON ROD
FOUND
~R.O.W;"' RIGHT OF WAY
'tR.F.C.~ !RON ROD
FOUND CA?f'ED
"X FOUND• X .FOUND
STAMPED IN CONCRETE i'
'Pt" .?ROPEITTY LINE
"D.)tc.c:r .DEED RECORDS COlLJN
COl1NIY. lEXAS
"o• IRON ROD SEr W/ CAP
5/s~ l R t"' . STAMPEO "8H~ .... ~
----c;; o~;; . fl--~:--.. --
iE. i f!..OINT OF S8!r44'2;;"£ i
'l€ ~ - -. BEGINNING 95.82'~ IL p--Cl1Y OF ANNA ~ ---..., -. ------(CALLED 1.054 ACRES, ~ . ------REMAINING 0.5008 ACRES)
sf . -1· · . INST. NO. 2.0101117001260280 :'.l -----P. . I D.R.C.C.T.
(co.u.EO 1.72. ACRES) ·~
INST. NO. 20101117001260280
D.R.C.C.T. COLLIN COUNlY
(REMAINING 3.0525 ACRES}
rNST. NO. 200BH14001335080
D.R.C.C.T,
~ • GOWN COUNlY L. -· CALLED 12.9525 ACRES
!CALLED 1 -'""O ~~L .. "§ JN"1"' NO .-iv 2 ACRES) . -._,. / ,. ~;;--...,,;;-,-------
"" . ~.. . . 20110509000475160
~l D.R.C.C.T.. t~.
-rt-- -w _..;;:..----~ """"'-
&: ______
~· -· --------&: . r -
~· J ~ ' ~ h i
f t I ~.. a
~-0 ~
$. ~ 80
:r; '~~ ''•.!'~·
w•l
tz ~
1 lNCH = 80 FEET
NC)TEs;
l
i,
i. ~~~ ANND D!STN.'CEE CITED tN iHJS PLAT
• c ',o, AAE BASW ON THE 1tX.\S STATE
;e ~W.lE CCOROIW>.11:: S't'SU:M. !Vi.D-SS ID<JIS
~
N80'17'14"fr'
118.118'
-!t--
crrv OF ANNA
(C'AU.EO 0~97 ACRES1
RSWNING 0.033 ACRES)
VOL 5849" PG. 111
D.R.C.C.T.
CITY OF ANNA
(CALLED O.i4 ACRES)
5849, PS. 114
D.R.C.C.T.
--------It.--
, COLUN COUNrf
!f_ TOLL ROAD AUTHORITY
"-(CALLED 9.90 ACRES)
~NST. NO. 2009050. 4000530520
D.R.C.C.T.
-1 P-A-RC-E-LNO-. -A-3 l
CITY OF ANNAI TEXAS
PERMANENT 30 1 WATER & SEWER LINE EASEMENT
"-ORTH CE!fffi/i.l ZONE: 4202. '
'£. z. Fl . f.Y<Yf CKS . . . i:i ELD suRVt;rs coricworo oN o4/o7;2010_ BIRKHOFF, HEN:DRI & CARTER, LLP. June
ti <; A FTELD NOTE . PROFESSIONAL.ENGINEERS · · a . HER80rm A OEScR!PTION DP' et'EN ~n: TBPEFlrrn No. 526;'.rePLSFU'Ol.No. ioom:oo 2016
"" · CCOMPAN:!ES THIS EXH!Brr. . !191-0 Grol;!)vil!1>Av<i~ Suite \JOii Dellits, T=s 75243 (214) Ml-1900
••"•-•••>0-.,.,v .. ~-·~~-"''-.-,'••----.. -...... ,., ___ , .. _,_,,_.__ ··----· ,_,,_,,,, ___ ,.....,.,_ __ ~~·---••""'m~---------·-----"-"'"""' _______ , __ ,,_,, _______ •
Date: __ / ___ /2016
Grantor: Anna Outer Loop Ltd
Grantor's Mailing Address:
7012 Duffield Dr.
Dallas, TX 75248-7402
EXHIBIT 11 7 11
PERMANENT WATER & SEWER EASEMENT
Grantee: City of Anna, Texas, a municipal corporation
Grantee's Mailing Address:
P.O. Box 776
Anna, Texas 75409 in Collin County, Texas
Permanent Water & Sewer Easement: The Permanent Water & Sewer Easement ("Easement") is 0.0679 acres of property, said 0.0679
acres being a strip of land of variable width. 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 water and sewer utility lines, within the bounds of the Easement.
Consideration: The sum often 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 the Easement 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 water and sewer utility lines 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 by, through, or under Gran tor but not otherwise, 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 and their
appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary
to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
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 Constrnction Easement: Grantee has the right to use up to 15 feet of Grantor's property adjacent to the Easement as may be
reasonably necessary to construct and install the water and sewer utility lines within the Easement that are reasonably suited to the Easement
Purposes. After full completion of Grantee's construction and installation of improvements, or within twelve (12) months from the date
thereof whichever occurs first, this Temporary Construction Easement shall expire. Grantor must reasonably restore the land situated
within the Temporary Construction Easement to its physical condition if changed by use of the rights granted by this Temporary
Construction Easement.
Reservation of Rights: Grantor reserves unto Grantor and Grantor's successors and assigns the right to use the Easement for all purposes
which do not interfere with the use of the Easement by Grantee for the Easement Purpose. Specifically, but not as a limitation, Grantor
reserves the right to use the Easement for landscaping and driveways. Grantee agrees to allow Grantor access to water and sewer main
lines located within the Easement consistent with and subject to the requirements in the Citv's development regulations. Grantee will
authorize other utilities to cross the Easement provided the crossing does not endanger or interfere with the efficiencv, safetv. and/or
convenient operation of the aforementioned water and sewer lines and their appurtenances.
Anna Outer Loop, Ltd.
By: Anna Outer Loop GP LLC
STATE OF TEXAS
COUNTYOF 0 )
-------
ACKNOWLEDGMENT
§
§
§
Before me on this day personally appeared Samuel Rosenzweig, the Manager of Anna Outer Loop
GP LLC, a Texas limited liability company, the general partner of Anna Outer Loop, Ltd., a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed and in
the capacity therein stated and as the act and deed of said limited liability company acting as general partner
of said limited partnership.
Given under my hand and seal of office on this __ \ ___ day of 0 0 \i e< 2016.
Notary Public, State of Texas
City of Arma
6/712016 EXHIBIT "A 11 P{/rcd No. A.4
w; Foster Crossing Outer Loop
FIELD NOTE DESCRIPTION
PERMANENT WATER & SEWER LINE EASEMENT
CITY OF ANNA, TEXAS
Being a. strip of land, variable in width for a permanent water and sewer line easement in the William Kitchens
Survey Abstract No. 505, City of Alilla, Collin: County; Texas) and beJng un.dei» ove;r, and across a called 0.14 acre
ttact ofland conveyed to the City of Anna., by deed recorded in Volume 5849, Page 114 of the Dee4 Records of
Collin County, Texas (D.ILC.C.T.), said permanent water and sewer line easement being more particularly
described as follows:
BEGJNNING at a 112" iron rod set with a cap stamped 11BH&C" for a comer, sald 1/2" iron rod being in the
northwest property comer of said 0.14 acre City of Anna tract and in the soutlt property line of a called 1.05 acre
tract of land conveyed to the City of Anna, by Final Judgme11t recorded in liistrumcnt Number 20101117001260280
of the DlZ,C.C.T., said 11211 iron rod also being in the no1theast property line of a called 0.097 acre tract of hind
conveyed to City of Anna, by Final Judgment recorded in Vohlllie 5849, Page 111 ofthe D.R.C.C.T.;
THENCE S 88°44 118'1 E, aloJ1g the common property line of said 0.14 acre City of Anna tract and said 1.05 acre
City of Anna tract, a distance of 100.27 foet to a point for corner;
THENCE S 79"44'0T' E, departing said conm1on property line, a distance of 76.03 feet to a point for comer, said
point being on the south property line of said 0.14 acre City of Anna tract, said point also being on the north
property line of a remaining 3.0625 acres from a ca1led 12.9625 acre tract of land conveyed to Collin County by
deed recorded in lnstnnnent Number 20081114001335080 of the D.R.C.C,T., said point being at the begiru1ing of a
curve to the left; ·
THENCE, aloi1g said property lfne and said curve, having a radius of 945.00 feet, a central angle of 05°04 11 T',
(chord bearing~ S 80°06'20 11 Wand a chord distance of83.61 feet) an arc distance of 83.64feettoa1/2" iron rod set
with a cap stamped 11BB&C" for a comer, said iron rod being a south property comer of said 0.14 acre City of Anna
tract, and being a west property comer o:f said 12,9625 acre Collin County tract, and an enst property comer of a
caHed 1.4302 acre tract of Jat1d conveyed to Collin County by deed recorded in. Instrument Number
20110509000475160, of theD.R.C.C.T., said iron rod also being in said water and sewer line easement;.
THENCE N 80°17'14''W, depmting the west property comer of .said 12.9625 acre Collin County tract, and being
along. the common property line of said OJ4 acre City of Anna tract and said 1.4302 acre Collin Co@ty tract, a
distance of 72.14 feet to a 1/2H iron rod set with a cap stamped nn:B:&C.11 for a comer, said iron rod being on the
SO\ithwest propeity lino of said 0.14 acre City of Anna tract1 and being on the northeast line of said 1.4302 acre
Collin County tract, and also being on the sontheast property comer of said 0.097 acre City of Anna tract; ·
THENCE N 50°14'5211 W, departing commou property tine of said 0.14 ncre City of Anna tract and said 1.4302 acre
Collin County tract, and being along the common property line of said 0.14 acre City of Anna tract and said 0.097
acre City of Anna tract, a distance of 28.08 feet to the POINT OF BEGINI\TJNG, said 30-foot pennancnt water and
sewer line easo.tncnt containing 0.0679 acres (Z,959 square feet) ofJnnd, more or less,
Notes:
1. Bearings and distances cited in this-field
note description are based on the Texas
State Plaiie Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. :Field survey concluded on 12/16/2015,
3. An Basement Plat of even dnte Jierewjth
accompanies this :Field Note DescriptioJl.
Page 1 o/2
I
I
f
I
I
i
I !
;;;-I LEGEND i ~ ~· ~~H!NGS ffiON RoO
FOUND ~
;t;, ;;;
CITY Of ANNA
(CALLED 0.97 ACRES,
REMAINING 0.033 ACRES)
ABSnV.CT 0505
~
"" s
I
I!:
VOL 5849, PG. 111
O.R.C.C.T.
w PER!lANENT WAJER. &:
~ COLUN COUNTY 5/8" LR.F.7 ~ (""'-lED '-•302 ACRES)! seaw:1s·E .
;g INST. NO. 1 100.27
1:5 20110509000475110 . --l ~. D.R.C.C.T. ____-r-C11Y OF ANNA ·
SEWER UN£ EASEMENT
(0.0679 ACRES) ANNA OUTER LOOP, LTD
(CALLED 56.0S ACRES)
fNST. NO. 20150630000795650
30' PROPOSt'
PERJ,fANENT l!C4T€R &·
SEWER LIN£
{REFER TO EXHIBIT C)
D.R.C.C.T. S4J1: AND ACCEPT
R.0.W. I
0.0118 ACRES
--f[_ --
CfTY OF ANNA ~ ,, -. ___\-(CALLED 1.054 ACRES, ~ r _ ft. SI: MAIN!NG 0.5008 ACRES) ~ S7!J"44'07"£ tNs'i:. ~NO. 201.01117001260280 ! I 76.03'7 D.R.C.C.T. ~ ft. -~=----· ~ ~ / /// /· --f tt; ,,_ 1· ~-~cu«{f40
(CALLEO 1.72 ACRES)
INST. NO. 201011170012602BO
D.R.C.C.T.
j :::;ii( ' ) . . ~ T.,(.1.80 - -If. --
g
0x~ FND L=83.84' w W ~ f'._. CB. =S 8(l'qo'.20 .§ POINT OF ff . "'--C:b.=83.81. g BEGINNING· iq ""' -
COLlfN COUNT'(
(REMA!NING 3,0625 ACRES)
ST. NO. 200811140013350:
D.R.C.C.T.
CALLED 12.9625 ACRES ---::;
~ ''· ;I.!
~ a;
~ .;;; --:: ;;;
.!'.,,
"'' $! ::::
N80"17'14"W _J#f ~ N50"74'5Z1Y ____,, 72.14' ~ °"\
:;<D'1r>' '*. · \ -~~ ~ .
CITY 0-1F .~ . {~ 0.14 ~} . ' \., ~~.PG. 114 O.R.c.c:r. \
COWN COUNTY
TOLL ROAD AUTHORITY
(CALLED 9.90 ACRES)
!NST. NO. 20090504-000530520
D.R.C.C.T •
-
"R.o.w.· RIGHT OF WAY
'1.!l.F.c.'" IRON ROD
FOUHI) CAP?EJ)
"X FOUND' X FOUND
SiAl.IPEO JN CONCREl'E
l'!." P!WPERYY LINE
't>.R.C.C. "!" IlfED RECORDS COillN
'O"
·o·
COl.JN'!Y, 11:'.'XAS
IRM ROD S£T W/ CAP
sw.!PED "EH&c•
POI!/!' (NO · MOt-IU!.100)
~
""""' ~
""""' P-3
~ ... Ft ____
PARCEL NO. A4
~ CITY OF ANNA, TEXAS
NOTES:
1. ~~~fNGS ANO DlSTA.'ICES CITED IN IBJS PLAT pwrr~N A.~::: &3SED ON ,THE TExAs· STATE
1-:i ~ PERMANENT 30' WATER & SEWER LINE EASEMENT ~ NDR11-! <'t:1.~;fATE S'r'.STEM. ,./AD-a:>, TD'.AS S ~"""'-ZONE 42.0.Z... u •vu . . .
.. z. FlELD svm'E:YS coNct.uoi;;o oN o'/"7 , ~ . . ;;;j BIRKHOFF, HENDRICKS & CARTER, L.L.P. June
· "' v 1 201 G. ''' · •. PROFESSIONAL ENGINEERS ~ 3', A F!ELD NOTE: 0iSSCRIP110N OF E\11::.'I OATE: ~= TBPBFind!o.S26;TBPLSFirm'No.1¢031SOO 2016
"" HEREWITH ACCOLlPANJES ms EXHtsir. 1 INCH= 100 FEEr l1910GrccnvilleAve,Suit¢lSOO Da!las,'!e."'1).S75243 (214)361-1900
PAGE20.F2
..... _ ........ , .. ----. ---··-··---------·----------
l' '/
Date: __ / ___ /2016
Grantor: Anna Outer Loop Ltd
Grantor's Mailing Address:
7012 Duffield Dr.
Dallas, TX 75248-7402
EXHIBIT 11 8 11
PERMANENT WATER & SEWER EASEMENT
Grantee: City of Anna, Texas, a municipal corporation
Grantee's Mailing Address:
P.O. Box 776
Anna, Texas 75409 in Collin County, Texas
Permanent Water & Sewer Easement: The Permanent Water & Sewer Easement ("Easement") is 0.0034 acres of property, said 0.0034
acres being a strip ofland of variable width. 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 water and sewer utility lines, within the bounds of the Easement.
Consideration: The sum often dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged
by Grantor.
Grant of Easement: Grautor, 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 the Easement 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 water and sewer utility lines 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 by, through, or under Grantor but not otherwise, 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 and their
appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary
to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
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 Construction Easement: Grantee has the right to use up to 15 feet of Grantor's property adjacent to the Easement as may be
reasonably necessary to construct and install the water and sewer utility lines within the Easement that are reasonably suited to the Easement
Purposes. After full completion of Grantee's construction and installation of improvements, or within twelve (12) months from the date
thereof whichever occurs first, this Temporary Construction Easement shall expire. Grantor must reasonably restore the land situated
within the Temporary Construction Easement to its physical condition if changed by use of the rights granted by this Temporary
Construction Easement.
Reservation of Rights: Grantor reserves unto Grantor and Grantor's successors and assigns the right to use the Easement for all purposes
which do not interfere with the use of the Easement by Grantee for the Easement Purpose. Specifically, but not as a limitation, Grantor
reserves the right to use the Easement for landscaping and driveways. Grantee agrees to allow Grantor access to water and sewer main
lines located within the Easement consistent with and subject to the requirements in the Citv's development regulations. Grantee will
authorize other utilities to cross the Easement provided the crossing does not endanger or interfere with the efficiencv. safetv. and/or
convenient operation of the aforementioned water and sewer lines and their appurtenances.
Anna Outer Loop, Ltd.
STATE OF TEXAS
COUNTY OF ___ \JL_' _'-_5 __
ACKNOWLEDGMENT
§
§
§
Before me on this day personally appeared Samuel Rosenzweig, the Manager of Anna Outer Loop
GP LLC, a Texas limited liability company, the general partner of Anna Outer Loop, Ltd., a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed and in
the capacity therein stated and as the act and deed of said limited liability company acting as general partner
of said limited partnership.
\ 2. Given under my hand and seal of office on this _____ day of c):1' \; ~ 2016.
City of Anna
617/2016 EXHIBIT "A"
Parcel No. A4
W. Foster Crossing Outer Loop
FIELD NOTE DESCRIPTION
PERIV,l'ANENT WAT~R &SEWER LINE EASEMENT
CITY OF ANNA, TEXAS
Being a strip of land 1 varfable in w~dth for a perm,anent water and sewer line easement in the William Kitchens
Surv~y Abstract No. 5051 City of Anna, ColHn County, Texas, and being under, over1 and across <1 called 0.14 acre
tract of land conveyed to the City of Anna,, by deed recorded in Volume 5849, Page 114 of the Deed Records of
Collin Co1.t11ty, Texas (D,R.C.C.T.), said pennanent water and sewer line easement being more particularly
described as follows:
BEGINNING at a point for comer, said point being on the north property line of said 0.14 acre CJty of Anna tract,
said point also being on the sonth property litic of a called 1.72 acre tract ofland conveyed to the City of Anna, by
deed recorded in fustmment Number 20101117001260280 of tho D.R.C.C.T.> said point bears S 73°31 '20}1 E, a
distance of 325.44 feet from a 5/8° hon rod found nearthe north property line of said 1. 72 acre City of Anna tract;
THENCE S 88°44 118 11 E, along the common property line of said 0.14 acre City of Allila tract and said 1.72 acre
City of Anna tract, a distance of 33.87 feet to a point for comer, said co.mer being on foe west line of the proposed
right-of-way of U.S. Highway 75 (variable width right-of-way);
THENCE S 30"05'15 11 E, departing said common property line; along said proposed right-of"way line, a distance of
5.22 feet to a point for corner, said point being on the south property line of said 0.14 acre City of Anna tract, said
point also being on the noiih property line of a remaining 3.0625 acre from a called 12.9625 acre tract of land
conveyed too Collin County by deed recorded in Instnmient Nt1mber 20081114001335080 of 1he D.R. C. c:r.;
THENCE N 80°17 114"Vf, departing said proposed right-of-way line, along the common property of said 0.14 acre
City of Anna tract and said 3.0625 acre Collin County tract, a<liiltanc.e of 33.38 feet to a point for corner;
THENCE N 50°14'52"W, departing said common property line, a distance of 4.73 feet to the POINT OF
BEGlNl'\:'ING, said variable width pe1manent water and sewer line easement containing -0.0034 acres (149 square
feet) of land; more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. Field survey concluded on 12/16/2015.
· .3. An Easement Plat of even <late herewith
accompanies this Field Noto Descriptio11.
Derek B. ChanB'y, P.E., R.P.L.S,
Texas Registration No. 6523
Bitkhoff, Hendricks & Carter, L.L.P,
'rBPLS FitrnNo. 100318-00 .
11910 Grec1wille Ave., Snitc 600
Dallas, Texas 75243 &
Phone: 214-·361-7900 1' . Ck' '· ti> # I 11/)t~';ztai
Cl/ .. · I "'//J 7 I {'>(()I I
~ ,r-~--~f~~--~------~~.....:...~~~~-UJAM-.. -.-K-~C-H-fN~GS~~--~~~~~~~~~~___...--~~~~---~.-tr.i~ .. ~-.•. ~--~ ..•. -.•.• -..•• -..• -:---,~.· ..,.. 1 SUFNE'f · · ·~ )~·;A,G~1 OF2: ~ .·· ASSfR,lcr o5o:> . ANNA OUTEf\ LOOP, LTD ·~ • ... ~· (CALLE[) 56.0S ACRES); . .~ ·
' ~ · INST. NO. 201506.30000795550 .;:;
s 0 • D,I,Z.C.C.T. . . . . ~ . . . •.
~ ~~0 . ~ii;A.· ilo dc'tPiilo.ir. > .. ··· ·
:;;· '*"S•~ . " ~-""'"'· ·"'·-· -.~,,._...,;,_ .~ O.Ot1{J'.'ACQ[%, I i 1
INCH • 100 Fm ----S/8 1.Rcf.7
"" "" ~ ·[i;
~ry-
(CALLED 1.054 ACRES, R8.{A!NIHG ~ 0.5008 ACRES) ~ !NST. NO. 20101117001260280 i t D.R.C.C.T.
L __
.• CITY O.F ANN,A
. (CALLEO 1.72 ACRES)
INST. NO. ,20101117001250280
·. D,R.C.C.T.
.. -CfJY OF ANNA
1
\_
~f"":.:---'--~-:-~~'=--
·~~ == -
----..,_..., RtFf:.rreNc£ 81:'~ ~ . $73;~ ;;::-.:;:~
. · <o -e: ·...,. :J::s,41, --....
-
. COLLIN C.0\JNTY
(RQJ:AJN.ING;. ::S,06,25. ACRES)
INST •. NO. 2008111.ifOOF5:55080
. . D.R~C.C.T •.
"" "' .3 ',,,,
-\~
CITY OF ANNA ----ft..
CALLED 12,9625 ACRES
~------(CAlJ.Ej. O.l+ ACRg$} ..
VOL 5849 11 PG. 114' D•R.C.C.T,,
.o
Ci
t-
1' a:
;,;" .,.
0 ;;;. 01· ~-
! -~
'a' ls:: ~
..,,
l;2
5
30' PROPOSED
PER/yfANENT //£4TER LINE
(REFER TO EXHIBIT B)
~, NO:rEs: ~ 1. BEARINGS A.NP OlSTANCC:S CITED lH THfS pu,r 71 DcESCRIPliO.'I A. R€. Bl>SED. mf 'fClE ... TD:.'IS STATE f>UNE C:OORCitNATE: S'.r.:,,lBJ, NAD-s;;, 1t<AS ~l No;mr CENTI<Al :ZONE 4202.
$ 2. F18.» SUf<l'Eis COt'>'CLUDElJ OP! 04/07/2016.
§ 3. A. FlUD NOTE DESCR!?110N. or EVEN DAU: fg _ _ HEREWfIH ACCOl.<f'A.'liES THIS EXHIBIT.
LEGEND
·1.R .F.· . iRON ROD
FOUND
·R.O;W." R!GHf OF WI;(
~f.R.F.-c: !RON. ROD
FOUND CAPPED
•x FOIJNDY X FOUND
STAMPED JN CONCRETE
"PL" PROPERTY LINE
"!XR.c.c.r. DEm RECORDS COWN
COUN1Y, TI;XAS
Po• IRON ROD sE:r w; CAP
STAMPED "BH&c' '-.. . o· POINT (NO l.{ONUMENT)
--. -----
BIRKH0F}?,~w~~~~'4l~;:J;;L~P.,.•
~PE}"irmNo: ,526~ TBJ>J;;$l'!rin:No,J~)tt;90 .• ; .·· . . .
imo. Green.•ri.U~l\.v~;;Suii<r 600 Pzllns·,:r~~sr']S:l43 ··(:itjl.)'3~1~7900; •.
Date: __ / ___ /2016
Grantor: Anna Outer Loop Ltd
Grantor's Mailing Address:
7012 Duffield Dr.
Dallas, TX 75248-7402
EXHIBIT 11 9 11
PERMANENT WATER & SEWER EASEMENT
Grantee: City of Anna, Texas, a municipal corporation
Grantee's Mailing Address:
P.O. Box 776
Anna, Texas 75409 in Collin County, Texas
Permanent Water & Sewer Easement: The Permanent Water & Sewer Easement ("Easement") is 0.106 acres of property, said 0.106
acres being a strip ofland 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 water and sewer utility lines, within the bounds of the Easement.
Consideration: The sum often 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 the Easement 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 water and sewer utility lines 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 by, through, or under Grantor but not otherwise, 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 and their
appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary
to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
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 Construction Easement: Grantee has the right to use up to 15 feet of Grantor's property adjacent to the Easement as may be
reasonably necessary to construct and install the water and sewer utility lines within the Easement that are reasonably suited to the Easement
Purposes. After full completion of Grantee's construction and installation of improvements, or within twelve (12) months from the date
thereof whichever occurs first, this Temporary Construction Easement shall expire. Grantor must reasonably restore the land situated
within the Temporary Construction Easement to its physical condition if changed by use of the rights granted by this Temporary
Construction Easement.
Reservation of Rights: Gran tor reserves unto Grantor and Grantor's successors and assigns the right to use the Easement for all purposes
which do not interfere with the use of the Easement by Grantee for the Easement Purpose. Specifically, but not as a limitation, Grantor
reserves the right to use the Easement for landscaping and driveways. Grantee agrees to allow Grantor access to water and sewer main
lines located within the Easement consistent with and subject to the requirements in the Citv's development regulations. Grantee will
authorize other utilities to cross the Easement provided the crossing does not endanger or interfere with the efficiencv. safetv. and/or
convenient operation of the aforementioned water and sewer lines and their appurtenances.
Anna Outer Loop, Ltd.
STATE OF TEXAS
COUNTY OF C.x.. Ll c.)
ACKNOWLEDGMENT
§
§
§
Before me on this day personally appeared Samuel Rosenzweig, the Manager of Anna Outer Loop
GP LLC, a Texas limited liability company, the general partner of Anna Outer Loop, Ltd., a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed and in
the capacity therein stated and as the act and deed of said limited liability company acting as general partner
of said limited partnership.
Notary Public, State of Texas
. . ·.: :-: .. ·;:: ... .. .
... tJ,i){¢/JJn.iidi
6f!ikfJ16' . ·. tf1J<bstef Cm~si::;a~~t~~ ...
... . . .. ' .....
·•·E· ·XH· ·1··.B···1···T''A" .. ·:: ..... : ::·: .· _:: ·;.::::· ....
l3.~1ng .. !\· sJgp <;ifJagdi. $,(j~!Q_qt i~. :wi,dth;'for· ~ P~tlria.nt~yi~ter ~n~ ~ewe,r. li.11e easetti{}nt. ill th~ Wilµ~m. I<hch.~ns ·
... •. Stl1iYcyt\~$tt'.aqJiNo:. 5PJ> ¢ity:of~a, •Go1Hw¢qu_ntyi '.:f exa~; <ipcJbe:h1~ u1:1de1\ oy~ri ail4.<iq'oi!s.al1Z acre if~gtpf
.. · \arid conve;Y:cii'/t~dhe .City of'. An.ti~ .• by dy-~ r~c:Qrded. in llistti.lmeritNi.lniber 20101li'io01250,286 of:fhC. Peed
R.ec:Ords cJf C61Hn .Goul'1tY~ Texas (D:R.C.G.T•)> . said peimatient -\vatcr and sewef tine cascmefit being mote
p#d~·tilii.[ly descrlbed as follows: · . . . . ... . .
BE<JtNNnf G.at a.point .for CO!'.tHO:l\ said poiut.hoing ,on the north ptopetiy nn.c of said L72 acre City of .Ap.na h·actj
nricl' onthe. south j)mperty • lin\1. of a .called· 5.&,08 acre' tract-ofland · conveyed to An.na Otitet Loop, LLC by deed
rec 0ro9U'.111. Insrruit1cht N4riiber:20l506300Q07.95650 of the b.R.G.Q,T., said point beam N 88°29 132 1' E, a·distaricc
of'4Q4J9 feelfroni a 5/8" 1tQnrqd ;found m::at tl~e 1lOrth _p~operty Hne of said l.72 acre City of Anna .ttfact, said pofot
afoohe.h1g~f.the·beginnh1g ofa c\l.rve t.o theleft;
TIIBINCE, contini,1ing nfonti:mid conimon:propcrty line; and aloi1g said curve haYing a rndius 445,00 feet; a central
ang1.y of i2~l3 1 &1il, a11 arc. dfa~ance o:f 94.99 feet ( chm:d bearing· N •84 °4 7'1?1' B anct a chord ·clishmcc of94,81. feet)
to a ·.1/z 1; iron rocl ·set• with il cnp. stHmped 1.'J:3H&C" ·.for a co q1er,. said fr on rod being the northeast comer of said f. 72
acre City of Anna ti'act1 and 011 the sonlh lihe ofsiiid 56.08 acre Atma Outer Loop tract, also being on tlte west
pfoJJeltyline ot' a called 30.676 here.tract of Ja1id conveyed to the Luscombe Famlly Trt1st by deed m~orded in
Volume 5385, Page 4952, ofthe D.R,C,C.T., and a!s() being on the proposed west righH:if·way Hne of W. Foster
C1ti$$ing R.m1d(vatfable \vidth r:ig1)tcof-way), said iron rod also being at the beginning of a curve to the left;
Tl-IBNCE, deWirrillg siiid conlirfoitproperly line; nloilg said prop<1sed west right-of way Hne, and ~1kmg said curve
having a rAdius .24 l.)6>feet; a centralapgle of 46°b9 1591i, an arc distarice of 194.64 feet (chord bearing,. S 53°38~22"
Wand a c}xord a:tstance of 189.41 feet) to a point for corner:, said point being the, south properly line ofsaid L72
acre City of .Aillfa tract, and OA the m:irlh proj:Jerty lii.le ofa called OJ4 acre trnct of hrnd conveyed to tbe Clty of
Anna by deedxectfrded in Volume5849> Page 114) oftheD.R.C.C.T.;
TI-IBNCE,W8&044' 18° W; ato1igsaid co1nmon: property line, a distance 003.87 feet to a point for corner, said point
being atthc beginning of u curve to the rig11t;
1'fill.NCE, departing sald commo,n property line, and along said clrrve having n radius 274,67 feet, a centrnl angle of .
29 906 1291\ an arc dish1n:ce of 139.54 feet (chord bcaring<N' 41°46itJ3 11 n an<l a chord distance of 13$.04 foet) to the
POINT OF BEGINNJNG; said 30~foot pefrmment wafer arid sewer line casement containing 0.106 a<ires (4,613
square feet) ofland; more or foss~ .
;Notes:
1. Bearings and distances cited fo this field
note cfoscr~ptfon nre based on the Texas
State Plane Coordinate System, NAD-83
Texas North Central Z6.lie 4202. ·'
2; Field survey con chided on 04/0712016.
3, An E1ise111e11t Pfat of even date herewith
accompanies.this FieldNoteDe~odption.
Prtgel of2
I
I
I
I
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~
ir· ---------------~--~~--~--~~------~~~~~~--:--~~---~-
~
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@
WllLWJ KrroHING'S
SURVEY
ABSTRACT 0505
ANNA OUTER LOOP, LTD
(CAUED 56.08 ACRES)
INST. NO. 201506300007S5550
D.R.C.C.T.
C TY NNA Q!JRVE Q.ffA
~
~
00
~
i-3'
~
~ ~
1 · . OF A . .1=2svs'28"
(CALLED 1 .. 72 ACRES) R=274.87'
INST. NO. 20101117001260280 ~=:,~:.~.r ~ s s. ;:-
,,IJ
-'a a.
<;'. It ~ ClTY OF ANNA
§ (CALLED 1.054 ACRES,
S RU!AINING 0.5008 ACRES) ~ JNST. NO. 2010i117001250280
D R {"" c T C.B.=N 41'46'4-3" E • ~v. • • .,.
. 1'i C.0.=138.04
'l --ft,---, -REFERENCE BEARIN.£. __ --, . r N88'2S'32"E -404.19' ~~ff
_j (0. 108 ACHES) I 5/8K f.R.f. ,
CUJ?Vf"<06lil
J=12'13'.51"
R::.:i#5:00'
T=47.68 ----
L=94.9f1'
C.8.=N 84"4777" E
C.D.=94.81'
PAGE20F2
LEGEND
•ru: IRON ROD
. Folmi;
'R.O.W."' RIG}iT Of WAY
l 't,R.F.C. • lR(JN ROD
FOIJNQ CN'?ED
~ ";IC fil\JNO• X J'OUNO
STAMPED JN CONCRETE
'Fl.. PROPERLY LINE
. ·o.n.c.c..i* OE'@ RECO!lllS. coum
COUNT'I', )EXi!S
•o• !ROil ROO StT W/ ~
srAMPED •eHttC• ·a· POllIT (NO MONUMENT)
LUSCOMBE FAMILY TRUST
(CAL!.EP 30,676 ACRES)
VOL 5385, PG. 4952
O.R.C.C.T.
Cuti)E a1lil
A=f.6"09~9"'
-~l ~ R=24J.58' e i T=ftJ2.B5
'::'. ...._ --L=194~c4'
i \ , CITY OF,;;;;---. C.B.~ 53'~'22' ff'
£ .!f.:R.C.C.:I:_
:I \ . "-\?ALLED 0.14 A.CRES) -. $4VE ANO EXCEPl/).-f<J!l.41.
£ \ ' OL. 5849 PG 1 "4 "'O. '" ,., "-, , " , ro. .rr.
2 ' '. · , D.R.C.C.T. 0..2524 ACf?ES . gj . COLLIN COU''ITY ~ -COWN COUNTY J,., (CAU£D i.4.3" ' · . ~OLllN COUNTf {REMAlN1NG 3.0625 ACRES ~· INST. NO. 2011 o~.ts;g%ES2 TOU .. ROAD AUTHORl1Y INST. N.O • .2008) 114001335Jso z-. D.R CC '-470160 , (CALLED S.90 ACRES) D'.R,C.C,T • .}! . · .T, \, !NST. MO. 2009050400053052.0 --· CAUED 12.9625 ACRES
"" \ D.R.C.C.T. ---
\ I /)/;;;., ~ ' I PARCEL NO. AS
CITY OF ANNA1 TEXAS ·~ ~ cc ~ !<OTES; ~' I •.. ~=~o~;~xi~fuESo~ITID J}/ TBIS PLAT ~ PLANS COORDlN.O.TC'. SYSTEM, ;uig_~TE
?::::-NORTH CENT!;\.l.f_ ZOl>!E: 4-ZllZ. •
\
\
\__ PERMANENT 30r WATER & SEWER LINE EASEME;NT
~· 2. FIELD suRVE.\s CONCLUDED oN ovo7;wrn. t ~ ~lJV BIBlffiOFF1 HENDRICKS & CARTER, L.L.P. Ju. ne ~ J A . . . . I 1!!1l• l'ROEESSlONALENOINEERS
iZ . HER~NOTI:: tir,;;CW>noN Or EVEN DATE ;,;~ ~ TBPEFum:No.S26;TBPLSFinnNo.1003lSOO 2016
"" · ACCOf.!.W>llES 11-llS <::XHJsrr. 1 !NCH = 100 FEET " 11910Greeiwi1leAve.,Suite600 DalW, l'e1<ns7S243 (214)361-7900 · .
•-·-·-w~·-·~-. --,,~A·----~·--. ... , .... ~.-..... ,_,,_,,,,.,.,_,,, --------... ---............ ,,, _______ ,,_,,,_ .. ,, .. _ ..•. ,,.,,,,., .. ,,,,.,, .. _ -·-------·-···-__ ,, _____ ,
I '
Date: __ / ___ /2016
Grantor: Anna Outer Loop Ltd
Grantor's Mailing Address:
7012 Duffield Dr.
Dallas, TX 75248-7402
EXHIBIT "1011
PERMANENT WATER & SEWER EASEMENT
Grantee: City of Anna, Texas, a municipal corporation
Grantee's Mailing Address:
P.O. Box 776
Anna, Texas 75409 in Collin County, Texas
Permanent Water & Sewer Easement: The Permanent Water & Sewer Easement ("Easement") is 0.337 acres of property, said 0.337
acres being a strip ofland of variable width. 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 water and sewer utility lines, within the bounds of the Easement.
Consideration: The sum often 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 the Easement 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 water and sewer utility lines 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 by, through, or under Grantor but not otherwise, 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 and their
appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary
to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
D111:ation 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 Construction Easement: Grantee has the right to use up to 15 feet of Grantor's property adjacent to the Easement as may be
reasonably necessary to construct and install the water and sewer utility lines within the Easement that are reasonably suited to the Easement
Purposes. After full completion of Grantee's construction and installation of improvements, or within twelve (12) months from the date
thereof whichever occurs first, this Temporary Construction Easement shall expire. Grantor must reasonably restore the land situated
within the Temporary Construction Easement to its physical condition if changed by use of the rights granted by this Temporary
Construction Easement.
Reservation of Rights: Grantor reserves unto Grantor and Grantor's successors and assigns the right to use the Easement for all purposes
which do not interfere with the use of the Easement by Grantee for the Easement Purpose. Specifically, but not as a limitation, Grantor
reserves the right to use the Easement for landscaping and driveways. Grantee agrees to allow Grantor access to water and sewer main
lines located within the Easement consistent with and subject to the requirements in the Citv's development regulations. Grantee will
authorize other utilities to cross the Easement provided the crossing does not endanger or interfere with the efficiencv. safetv. and/or
convenient operation of the aforementioned water and sewer lines and their appurtenances.
Anna Outer Loop, Ltd.
By: Anna outer Lorr LLc
/i~ j(y: Samuel Rosenzweig,
its Manager
STATE OF TEXAS
COUNTY OF 0 o ltcS"
ACKNOWLEDGMENT
§
§
§
Before me on this day personally appeared Samuel Rosenzweig, the Manager of Anna Outer Loop
GP LLC, a Texas limited liability company, the general partner of Anna Outer Loop, Ltd., a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed and in
the capacity therein stated and as the act and deed of said limited liability company acting as general partner
of said limited partnership.
Given under my hand and seal of office on this __ \ __ _
Anna Outer Loop, LTD.
617/2016
Parcel No. IB
W. Foster Crossing 0Hler Loop
EXHIBIT "A tt
FIELD NOTE DESCRIPTION
PERMANENT WATER & SEWER LINE EASEMENT
.CITY OF ANNA, TEXAS
Being a strip of land, variable in width for a permanent water and sewer line easement in the W.E. Throckmorton
Survey Abstr11ct No, 899, and in the William Kitchens Survey Abstract No. 505, City of Anna, Collin County,
Texas, and being under, over, and across a called 56.08 acre tract of land conveyed to Anna Outer Loop; LTD., by
deed recorded in Instrnroent Number 20150630000795650 of the Deed Records of Collin County, Texas
(D.R.C.C.T.), said permanent water and. sewer line easement being more particularly described as follows:
BEGINNING at a point for comer, said point being in the west property line of said 56.08 acre Anna Outer Loop
tract, said point also being in east future Texas Department of Transportation (TxDOT) right-of~way line of U.S. 75
(a variable width TxDOT right-of-way), said point bears N 15°06 11911 W, a distanqe of232.27 feet from a 3" TxDOT
Dlsk found on a south properly line of said 56.08 acre Anna Outer Loop tract and on the no11:h prope1ty line of a
called 1.4302 acre tract of land conveyed to Collin County by deed recorded in Instrument Number
20110509000475160 ofD.R.C.C.T., said point also bears N 09°52139 11 W, a distance of 337.73 feet from a 5/8" iron
rod found on the east existing TxDOT right-of-way of said U.S. 75, said iron rod also being in the west property line
of said 1.4302 acre Collin County tract, said point also being at the beginning of a curve to the left;
THENCE, departing said TxDOT right-of-way and said 56.08. acre Anna Outer Loop property line, along said curve,
having a radhis of 942.00 feet, a central angle of 19°15 107", (chord bearing-S 50°36 100 11 E and a chord distance of
315.04 feet) an arc distance of 316.52 feet to a point for comer~ ·
TH.ENCE S 88°12'24" E, a distance of85,94 feet to a point for comer;
TBENCE S 80°11'14'' E, a distance of218.05 feet to a point for corner, said point being on the south property line
of said 56.08 acre Arma Outer Loop tract and on the north property line of a Called 1.05 acre tract of land conveyed
to the City of Anna, by deed recorded in Instrnment Number 201011170012<50280 of the D.R.C.C. T;
THENCE N 88°11'55" W; along said common property line, at a distance of 217.74 feet passing a 112 11 iroll rod
found capped, said iron rod being on the north properly line of said 1.4302 acre Collin County tract, continuing
along the common properly line of said 56.08 acre Anna Outer Loop tract and said 1.4302 acre Collin Cour1ty tract1
in all a total distance of309.33 feet to a 1/211 iron rod found capped for corner, said iron rod being at the begimung
of a non~iangent curve< to the right; .
THENCE,· d6parting said common property line, along said curve, having a radius of 972.00 feet, a central angle of
15°51'39ll, (chord bearing-N 52°44'22" Wand a chord distance of 268.21 feet) an arc distance of 269.07 feet to a
point for comer, said point being on the west property line of said 56.08 acre Anna Outer Loop tract and on the east
right-ofc.way line of said U.S. 75;
H:ll'roJects\Annal201S/04 \" f In . '. osw Cros. g RoOll W•I« lln<olllasco1'n< Plats\tl.,wiplions\W, l'O~'TER CROSS I NO US , ,,. .. ' . . . . .. -
· · _ · 7" vlllERl.OOP'll'at<d Ill.doc Pagel of J
Anna Outer Loop, LTD.
61712016
EXHIBIT ''A"
Parcel No. JB
W. Foster Crossing Outer Loop
THENCE N 17°48 11611 W, along said right-of-way line and west property line of said 56.08 acre Anna Outer Loop
tract, a distance of 70.72 feet to the POINT OF BEGlNNJNG, saicl variable width permanent water and sewer line
easement containing 0.337 acres (14,692 square feet) of land, more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. Fiold survey concluded on 12/16/2015.
3. An Easement Plat of even date herewith
accompanies this Field Note Description.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P, ·
TBPLS Firm No. 100318-00
11910 Greenville Ave., Suite 600
Dallas, Texas 75243
Phone: 214-361-7900
H:\Pto.J,.,,ts\Annn\2015!04\V,FoslcrCro•sin R d 1 ------~·--;;;~~~==-:-:::--:----------. S "' Waloc Lme\lfostrueut Phll>\Dcicrlp1iuns\I'/, FOSTER CROSSlNO tJS 0
-75 UTf!R LOOrlPMrd ID.doa Page2of3
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11· ~ : N1748'151'!
;o 70.72' f
iii REFERENCE BEARING \ . ,., ,
?g N10'06'19'"w -232::27'~~'~1 ~ .QV/?VF DA[d \ \ 1 '
g 4=TS"57'39 1
·\ & R=97200' \ ~ T=135.40
~ l=26!l.07' \
ii: C.B,=N 52'44'22" W I
~ C.0.=268..21'
·.:it
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CURV'E lMi'A
.t.=1~15'07"'
R=!J4ZOO'
T=1S9.77
L=Sto.52'
W.E. THROCKMORTON
SURVEY
ABSTRACT 0899
C.8.=S 50.36'o0" £
C.0.=315.04'
ANNA OUTER. LOOP, LTD
(CAU.ED. sa.oa ~>
Im:. l'ID+ 201~. D.R.e;c:r.
WA7E1?' Jr SEMR
·~ llN£ EJSaiENT
0.337 ACRES (14,692 S.F.}
S8o12'24. .. E'
85.94'
~ ~\".':
~;;;
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(:::)-:
""' '::5 ...... Cl:;'. w -0,,,...
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;:,__,~ ~~ ;g~ ~Ci:! :.:c~
0j Q;;
~~
TxDOT 3• . \
:::)~ DISK
0 80 ~I I
5/8w l.R.F.
GOWN COUNlY
(CAllED 1.4302 ACRES)
INST. NO. 2{)110509000475160
PROPOSED U.:S. HIW 75 D.R.C.C.T.
NBS' f 1 '55''W
309"33'
(RECORDIN:·~N~O. NOT YET ---ft -- -
AVAllABLE)
WILLIAM KlTCHINGS
SURVEY
ABSTRACT 0505
EXHIBIT rrA'1 ·
:PAGE3 OF3
i5:; (· f; ~ ~
C> l 0 0> OI '° 0 '° . 0'1
S80-17'14"E
218.05' CITY OF ANNA
(CALI.ED 1.05 ACRES,
REMAINING o;sooa ACRES)
lNST. NO. 20101117001260280
D.R.C:C;T.
~ I-
t
l
----- -FE.
-It-~
CITY Of ANNA
(CALLED 0.97 ACRES,
RalA!NlNG 0.033 ACRES)
VOL 5$49, PG. 111
D.R.C.C.T.
-
PARCEL NO. 1 B
CITY OF ANNA1 TEXAS ! ~ I ---.. N~ ( .. ·' . I _! ANNA OUTER LOOP LTD
1 !NCH .,, 80 FEET 1YlifJ ..
1. aEARwGs ANt:> DJSTANcES cfm) 11-1 (){ls PLA.T / II . · WW CKS & CA n'i'Ou LL P. · June DESCRIPiroN ARE Bl<SED ON THE TEXAs STATE ~ f BIRKHOFF HENDRI . r...J.',..J.µ.J.."' •• '""' ""'-"' -"'°-£. """' , -ENmNEERS
;:. ""'" C"""'-zo•c -4
1
01 1 ~z~~~LSFnmNo.JOO:J.180() 2016
._ IY-f./' T""'F=No,, • "'4l O•~m·7'00 ·» ,_ oan SO"=S OONCWOCO ON 0</07 /201 < I U9'0 '''°""'"'"·SW. 600 ,,_, T= ~ 3. A FIELD NOTE DESCR!PllOl't OF' EVEN DATE ~ HEREWmf ACCOMPANIES THIS EXH!SIT:
VARIABLE WIDTH PERMANENT WATER & SEWER LINE EASEMENT
--........ _____ _ ----.-.....,____ ·--·-· .. ·--~·-~----------------
Date: __ / ___ /2016
Grantor: Anna Outer Loop Ltd
Grantor's Mailing Address:
7012 Duffield Dr.
Dallas, TX 75248-7402
EXHIBIT "11"
PERMANENT WATER & SEWER EASEMENT
Grantee: City of Anna, Texas, a municipal corporation
Grantee's Mailing Address:
P.O. Box 776
Anna, Texas 75409 in Collin County, Texas
Permanent Water & Sewer Easement: The Permanent Water & Sewer Easement ("Easement") is 1.018 acres of property, said 1.018
acres being a strip ofland 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 water and sewer utility lines, within the bounds of the Easement.
Consideration: The sum often 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 the Easement 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 water and sewer utility lines 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 by, through, or under Grantor but not otherwise, 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 and their
appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary
to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto.
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 Construction Easement: Grantee has the right to use up to 15 feet of Grantor's property adjacent to the Easement as may be
reasonably necessary to construct and install the water and sewer utility lines within the Easement that are reasonably suited to the Easement
Purposes. After full completion of Grantee's construction and installation of improvements, or within twelve (12) months from the date
thereof whichever occurs first, this Temporary Construction Easement shall expire. Grantor must reasonably restore the land situated
within the Temporary Construction Easement to its physical condition if changed by use of the rights granted by this Temporary
Construction Easement.
Reservation of Rights: Grantor reserves unto Grantor and Grantor's successors and assigns the right to use the Easement for all purposes
which do not interfere with the use of the Easement by Grantee for the Easement Purpose. Specifically, but not as a limitation, Grantor
reserves the right to use the Easement for landscaping and driveways. Grantee agrees to allow Grnntor access to water and sewer main
lines located within the Easement consistent with and subject to the requirements in the City's development regulations. Grantee will
authorize other utilities to cross the Easement provided the crossing does not endanger or interfere with the efficiencv. safety. and/or
convenient operation of the aforementioned water and sewer lines and their appurtenances.
Anna Outer Loop, Ltd.
y: Samuel Rosenzweig,
its Manager
''1,
ST ATE O~ TEXAS
COUNTY OF b t~llc)
ACKNOWLEDGMENT
§
§
§
Before me on this day personally appeared Samuel Rosenzweig, the Manager of Anna Outer Loop
GP LLC, a Texas limited liability company, the general partner of Anna Outer Loop, Ltd., a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed and in
the capacity therein stated and as the act and deed of said limited liability company acting as general partner
of said limited partnership.
Given under my hand and seal of office on this __ l ____ day
Notary Public, State of Texas
Anna Outer Loop, LTD.
3/21/2016
Parcel No. l
U.S. 75 Utility Relocations
EXHIBIT 11 A11
FlELD NOTE DESCRIPTION
PERMANENT WATER AND SEWER, LINE EASEMENT
CITY OF ANNA, TEXAS
Being a strip of l11:nd, 30-feet in width for a permanent water and sewer line easement in the W.E. Throckmorton
Survey, Abstract No. 899, City of Anna> Collin County, Texas, and being under, over, and across a called 5.6.08 acre
trnct of land conveyed to Anna Outer Loop, LTD., by deed recorded in Instrument Number 20150630000795650 of
the Deed Records of Colliµ County, Texas (D.R.C.C.T,), said permanent water and sewer line easement befug more
particularly described as follows:
BEGINNING at a point for corner, said point being in the north property line of said 56.08 ac-re Outer Loop tract,
said point also being in east future Texas Department of Transportation (TxDOT) right-of-way line of U.S. 75 (a
variable width TxDOT right-of-way), said point also being m the south property line of a called 1.000 acre tract of
land described in a Deed of Trust recorded in Volume 5089, Page 5290 ofD.R.C.C.T., said 1.000 acre tract being
part of a called 4.3905 acre tract of land conveyed to William D. Stewaii> and wife, Norn Yvonne Stewart by deed
recorded in Volume 4632, Page 2238 of the D.R.C.C.T., said point bears S 69°10 1111r W, a distance of 561.93 feet
froni a 5/8 11 iron rod found on a south property line of a called 5.00 acre tract of land conveyed to Jose A. and
Claudia:P. Garcia by deed rec9rded in Volume 5428, Page 7029 ofD.R.C.C.T., said point also bears N 04°04'4511 E,
a distance of358,79 feet from a TxDOT right"of"way 3" disc found on the east existing TxDOT right-of-way of said
U.S. 75, said 311 disc also being in the west property line of said 56.08 acre Outer Loop tract;
'11IBNCE S 60°l l '39n E (S 59°00'58" E per recorded deed of said 56.08 acre Outer Loop tract), along the common
pl'operty line of said LOOO Stewart tract and 56.08 acre Outer Loop tract, a distance of 38.67 feet to a point for
comer;
THENCE S 09°18' 41" E, depru:ting said common property line and being at all times 30-foot perpendicular dista11ce
from and parallel with the east future TxDOT right-of-way line of said U,$; 75 a dista11ce of57.92 feet to a point for
comer;
TIIENCE the following calls for bearing and distance, being at all times a 30-foot perpendicular distance from and
parallel with the east Jine of said foture TxDOT right-of"way;
s 07°42i51 nw, a distance-of286.09feet to a point fol' comet;
S 00°19'17" E, a distance of 135.83 feet to a point for corner;
S 06°58'45" E, a distance of 567.39 feet to a point for comer;
S 48°37'15 11 E, a distance of 161.15 feet to a point for corner;
S 17°44135 11 E, a distance of223.64 feet to a point for comer;
S 01°08'08" W, a distance of 36. 76 feet to a point for corner, said point being on the south property Hne of said
56.08 acre Outer Loop trac: and on the north property line of a called 1.4302 acre tract of land conveyed to Collin
C~unty, Texa~ b~ Resolution Nnm.ber 2?11-04··05 (Deed not recorded), sold 1.4302 acre ColHn County tract f
bemg part of ,i called 1.72 acre tract of fand conveyed to the City of Anna by deed re wded ; Jn t. . t
1
/
Number20101117001.260280 oftheD.R,C.C.T.; c ~n s rnmen
TIIENCE N 88°03 109 11 W (N 86°59'.39" W per recorded deed f · 'd 56 · I ~ommon property line of said 1.4302 acre Coili11 County tract dos:~~ .'08 ac~e Outer Loop ~·act), along the !
feet to a point for comer; · an · acie Oute1 Loop tract1 a distance of 30.00
Page 1 o/3
Anna Outer Loop, LTD.
312112016
Parcel No.]
U.S. 7 5 Utib'ty Relocations
EXHIBIT "A11
THENCE N 01°08'08" E (N 02°11'38" E per recorded deed of said 56.08 acre Outer Loop tract), departing said
common property line and being at all times i)llinediately adjacent to and coincident witt1 the· east line of said future
TxDOT right-of-way of said U.S. 75 and the west property line of said 56.-08 acre Outer Loop tract, a distance of
31.35 feet to a point for comer; ·
TIIENCE the following calls for bearing and distance, being at all times immediately adjacent t0 and coincident
with the east line of said future TxDOT right-of-way;
N 17°44!35 11 W(N16°41'05 11 W per recorded deed of said 56.08 acre Outer Loop tract), a distance of210.37 feet
to a point for comer;
N 48°37'15" W (N 47°33'45" W per recorded deed of said 56.08 acre Outer Loop tract), a distance of 164.28 feet
to a point for corner;
N 06°58'45" W, a distance of 580.54 feet to a point for comer;
N 00°19117" W (N 00°43'50" E per recorded deed of said 56.08 acre Outer Loop tract), a distance of 139.68 foet
to a TxDOT right-of way 3" disc found for corner;
N 07°42151" E, a distance of 283.71 feet to a point for comer;
. . • N 09.0 18.'41" W,. a dJ$lance of 77 .83 feet to the POINT OF BEGINNING, said 30-footwid~ pennanent water and
.sewer li:t?-e easement containing 1.018 acre ( 44,348 square feet) ofland, more orless.
Also, a 15~foot Temporary Construction Easement being immediately adjacent to and pnrallel with the east Hne of
the above described perm11nent water and sewerline easement and containing 0.504 (21;961 square feet) of land;
mo.re or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. Field survey concluded on 12/16/2015.
3. An Easement Plat of even date herewith
accompanies this Field Note Description.
lf:\l'ro]etls\Aruia\2015103 USJ5 Utility .Rclo'2iki11s\Enscmcot Plats\Dcscripllons\Parecl I .doc
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L .. L.P.
TB:PLS Firm No. 100318-00 .
11910 Greenville Ave., Suite 600
Dallas, Texas 75243 · ·
Phone: 214-361-7900 /I}
(;?YB _ _. t I/ --/./
. t' ~...--::;· • .. ~i1 ·ff
Page2 o/3
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5
LEGEND
nf.R.F.~ IRON: ROD FOUND
nR.O.W: RIGHT OF WAY
. ~2'PJPE WIWAM D. ST!:.."WAAT, AND WIFE, ' . ' ' TxDOT R.O.W. . ' 1s/s~11.R.F.
NORA WONNE"m:ir'ART 3• DISC FOUND f
(CAll.8) 9.8404 ACRE) . · . . · . · "
VOL 04555, PG. 01267 . . 1/2" l~R.f. . -;--''----
D.R.C.C.T. Dn1wr· 0,1£:" S6CT11 '39"E -------
JOSE A. &: CLAUDIA P. GARCIA
(CAllED S.00 AcRES)
VOL 542ll, P.G. 7~
O.R.C.:C..T •
EXHIBIT nAn
PAGE3 OF3
. 1Vh I '38;67' ~~"'"_. • BEGINNING (DEED CA.U....,-SsS-00'5!1 E)
..--s9·1s41"£
TxDOT WOOD.EN ----· . 57.92~' I?_
MONUMENT FOUND Ng'f8'41'"1¥ · .... ~
77..8f · IL · •.
EXISDNG 'iXDOT __ -::::::::=:::::::::'.::::::_-J..!, · . "'-DRAINAGE ESf.{T,
WlU:W.C 0 •. STEWART, AND WIFE.
NOAA i"/ONf/E: STEWART
(CAUED •t3905 ACRE)
VOL 4632. f'G. 2238
D.R.C.C.T.
- --It..,.._ - -
REFERENCE BEARING~
N4·o+'45"E -358.79' .FUTURE 1XDOT""~· ~2"' PIPE
W.E. THROCKMORTON
SURVEY
ABSTRACT 899
0
1
~
.,..--..,.
~
0
cC
1.() :::r:
!'-.. J-o
Cl) 3:
~w
-1 m
-CJ:
0:.:
~
""-
TxDOT R.O.W.
3• DISC. FOt.JND--.
TxDOT WOODEN MONUMENT ·-------------'...:.
N0.19'17"'W
. ' 139.681
(DOEO CALL-N00"43'5o"E)
FUTURE TXDOT
R.O.W. LINE
PER!/!ANENT 30:t WATER &
SEWER UNE EASEMENT
1.018 ACRES No58'451V
(44,34:8 S.F.) 580.54'
--,;. \ EXISTING VARIABLE WlDTH R:O;W. ';::,.,
N48.37'15i'I
. 164.28'
Nt 7"44'35"'!1. . . (DEED CALL-N+733'45"W) 210,,'f/~·
(DEED CAU.-N1S"41'05"W}
N88"03'og"W
30.00'
(DEEO CAU.-N8Er59'39"\'f)
ORPJNABE ESMT.. . . . ' . WIUJ..IJA 0. S1'E'llJ>RT •. AND WIFE.
~ NORA YVONNE srol'ART
2 PIPE (CAUED 1.000 ACR<.)
S742'5t/'I VOL 5089, PG. 5290
288.0B' 2" PIPE O.R.C.C.T.
S0'19'1/E
135.83'
mt~S6'58'4S'"e
5o7.39'
15' TEMPOl?ARY
ANNA OUTER LOOP~ LT04
(CAU.ED 56.0S ACRES)
!MST.NO. 201~
CONSlRUCllON EASEMENT
0.504 ACRES
(21~981 S.F.)
-
COWN COUITTY
(CALLED 1.4302. ACRES)
RESOUfllON NO. 2011-04-05
(DEEP NOT RECORDED}
t>JtC.C.T.
PARCEL NO. 1
CITY OF ANNA, TEXAS i NOTEs:
r , 1. CIEAAINGS Af.lO DISTANCES CITED IN THIS PLAT
;:; · DESCRIPTION ARE BASED ON iHE ~ STATE
;:;:,. PLANE COORDINATE SYSTEJ,I,. NAD-e:>, "IEXJ>S
;;;, NORrn CEmRAt. ZONE 4202.
/l'-. £2/-~
>AR (j_)Ch~ "~ "l:);,"""""' if~ -zflr' MP ANIES nns EXHisrr. oA'T'/
ANNA OUTER LOOP LTD
30' PERMANENTWATER& SEWER LINE EASEMENT
4. PROPERTY sUBJECT TO APPARENT ELECTRIC BIRKHOFF HENDRICKS & CARTED L L p R 2. FIELD SURVEYS co . EASEMENT t-S REFERENCED er VOL. 4632. PG. ' .. ...., • • • March ~ NClUDW Oil 12/18/2015. · 2241 PROFESSIONALENG.!NEERS
G:J TBP.EFianNo.5:1.6;T.BPLSFimlN'o.10031800 2016
"" 11~10 Greenville Ave., Suite 600 D~ Texas 75243 (21+) 361-7900
--------·c--~·-------·--~-------------------"""'""'-"'"'-'""""-''
Filed and Recorded
Official Public Records
Stac~Y Kemp, County Clerk
Collin County, TEXAS
12/02/2016 10:43:55 AM
$346.00 SCAPELA
20161202001634950