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HomeMy WebLinkAboutRes 2017-01-267 Hackberry Lane ROW PurchaseCITY OF ANNA, TEXAS RESOLUTION NO. XM - D - aug A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO PURCHASE RIGHT-OF-WAY FOR HACKBERRY LANE. WHEREAS; Lennar Homes is preparing to develop additional phases of the Avery Pointe subdivision on the west side of Ferguson Blvd., south of Hackberry Lane; and WHEREAS, as part of the future development, Lennar Homes will be constructing an extension of Hackberry Lane over to The Falls neighborhood; and WHEREAS, construction of the Hackberry Lane extension will require the acquisition of an off-site drainage easement on property owned by QJR Partnership LTD; and WHEREAS, in lieu of acquiring an easement, the City has discussed with the developer an opportunity to purchase the property as right-of-way for the future expansion of Hackberry Lane to 4 -lanes; and WHEREAS, QJR Partnership is willing to sell 1.052 acres of right-of-way to the City of Anna for $91,672 ($2/sq.ft.); and WHEREAS, if the City purchases the right-of-way, Lennar Homes will reimburse the City one-half the cost of the purchase price; and WHEREAS, funds are available for this purchase in the Roadway Impact Fee Area #1 restricted revenue fund; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization to Purchase Right -of -Way. The City Council hereby authorizes the City Manager to purchase the right-of-way for Hackberry Lane described and depicted in Exhibit 1 attached hereto, for $91,672. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize the purchase. Res UV 11' U l — " Page 1 of 4 Hackberry Right of Way PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10th day of January, 2017. ATTEST: City Secretary Carrie L. Smith Rest ` —01— ato—f Hackberry Right of Way APPR V cvcucccuuu/iii Mayor Mike Crist ter. • ...... .\* TE X P`310\1', 1111 (ia 0%00 Page 2 of 4 EXHIBIT 1-A BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas and being a portion of a called 162.12 acre tract of land conveyed to QJR Partnership, Ltd., as evidenced in a Warranty Deed, recorded in Volume 5106, Page 2380 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 -inch iron rod found for the southeast corner of said 162.12 acre tract, same being the southwest corner of a called 51.195 acre tract of land conveyed to Two -J Partnership, LLLP, as evidenced in Quit Claim Deed, recorded in Instrument No. 2008059000562500 of the Official Public Records of Collin County, Texas, on the northerly line of a called 114.608 acre tract of land conveyed to Anna 455 Residential, LP, as evidenced in as evidenced in a Special Warranty Deed, recorded in Instrument No. 20070403000444410, and a Special Warranty Deed, recorded in Instrument No. 20070403000444420, both of the Official Public Records of Collin County, Texas; THENCE North 88°46'15" West, along the southerly line of said 162.12 acre tract and along the northerly line of said 144.608 acre tract a distance of 803.28 feet to a 5/8 -inch iron rod found for the northwest corner of said 114.608 acre tract, same being the northeast corner of The Falls Phase 2, an addition to the City of Anna, according to the Plat thereof, recorded in Cabinet P, Page 870 of the Plat Records of Collin County, Texas, on the southerly line of said 162.12 acre tract; THENCE North 89°00'06" West, along the southerly line of said 162.12 acre tract and along the northerly line of said The Falls Phase 2, a distance of 30.00 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set for corner; THENCE departing the northerly line of said The Falls Phase 2 and crossing said 162.12 acre tract, the following courses: MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com North 00°43'58" East, a distance of 110.44 feet to a 5/8 -inch iron rod with a red plastic cap stamped KHA" set at the beginning of a non -tangent curve to the right having a central angle of 11°27'30", a radius of 890.00 feet, a chord bearing and distance of South 77°28'26" East, 177.69 feet; In a southeasterly direction, with said curve to the right, an arc distance of 177.99 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set at the beginning of a reverse curve to the left having a central angle of 17°01'35", a radius of 810.00 feet, a chord bearing and distance of South 80°15'28" East, 239.82 feet; In a southeasterly direction, with said curve to the left, an arc distance of 240.70 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set for corner; South 88°46'15" East, a distance of 422.34 feet to a 5/8 -inch iron rod with a red plastic cap stamped KHA" set for corner on the easterly line of said 162.12 acre tract, same being the westerly line of aforesaid 51.195 acre tract; THENCE South 0033'24" West, along the easterly line of said 162.12 acre tract and along the westerly line of said 51.195 acre tract, a distance of 40.00 feet to the POINT OF BEGINNING and containing 1.052 acres 45,836 sq. ft.) of land, more or less. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. RIGHT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY ABSTRACT NO. 288 CITY OF ANNA COLLIN COUNTY, TEXAS 1700 HACKBERRY ROAD Res Je i —I — U—r)LI-1 Page 3 of 4 Hackberry Right of Way LINE TABLE CALLED 162.12 ACRES C) a N LENGTH QJR PARTNERSHIP, LTD. Lu J 40.00' VOL. 5106, PG. 2380 U o 30.00' L.R.C.C.T. OF WAY C)~ 110.44' PERMANENT WATER LINE EASEMENTRIGHT DEDICATION Z o U 810.00' INST. NO. 20150406000379400 _ WQ 239.82' 1O.P.R.°.G.T. 1.052 ACRE d 0o ND Cl (45,836 SQ. FT.) Q o zz MC21 J S88°46'15"E 422.34' z J LOCK N L2 188°46'156W 803.286 19 20 21 22 23 518"IRF `-------— V P.O.B. 5/8" IRF XF 20' WIDE PERMANENT WATER LINE c CALLED 114.608 ACRES EASEMENTIHELMOKENWo29ANNA455RESIDENTIAL, LP INST. NO. 20160127000098440 O.P.R.C.C,T. 2 , DRIVE FALLS INST. NO. 20070403000444410 & D_ (D. U 28 INST. NO. 20070403000444420 U I O.P.R.C.G.T. Ja G LLmn 27 W v 1 26 I LINE TABLE NO. BEARING LENGTH L1 S00°33'24"W 40.00' L2 N89°00'06"W 30.00' L3 S00°43'58"W 110.44' NOTE: CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 11°27'30" 890.00' 177.99' S77°28'26"E 177.69' C2 17°01'35" 810.00' 240.70' S80°15'28"E 239.82' 1, All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. 2. All corners are monumented by a 518 -inch iron rod with a red plastic cap stamped "KHA" unless otherwise noted. MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@klmley-horn.com STENDAHL, ABEL 10/11/2016 7:18 AM KAFRI_SUI Ito 0 100 200 GRAPHIC SCALE IN FEET LEGEND A = CENTRAL ANGLE P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND IPF = IRON PIPE FOUND P,R,C.C,T. = PLAT RECORDS OF COLLIN COUNTY, TEXAS L.R.C.C.T. = LAND RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS RIGHT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY ABSTRACT NO. 288 CITY OF ANNA COLLIN COUNTY, TEXAS 700 HACKBERRY ROAD EXHIBIT.DWG Res 1:] — (- I `- -I ) Page 4 of 4 Hackberry Right of Way 111111111 IRR017 10:25:13 AM DI 114 Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS, the City of Anna, Texas, County of Collin, State of Texas (the "City"), a home -rule municipality, is authorized under the Texas Local Government Code to acquire land and such other property rights, including acquisition of street/road/highway right of way deemed necessary or convenient to a City road project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a road project providing for public transportation; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, QJR Partnership LTD., hereinafter referred to as "Grantors," whether one or more, for and in consideration of the sum of Ten dollars ($10) to Grantors in hand paid by the City, hereinafter sometimes referred to as Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the Grantee all that certain tract or parcel of land lying and being situated in the City of Anna, County of Collin, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. Grantors hereby acknowledge that their use of and access to the City street/road/highway to be constructed in conjunction with the public road facility of which the land hereby conveyed shall become a part (herein called "Road Facility"), shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the Grantee and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof through Grantor or Grantor's heirs, executors, administrators, successors or assigns, but not otherwise. SIGNATURES PAGE FOLLOWS, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] P t--306 iOn 2011- UI-JL( 0 11104116 Parcel No. 4 EXHIBIT "A" FIELD NOTE DESCRIPTION FOR PERMANENT WATER LINE EASEMENT OVER, UNDER, AND ACROSS THE PROPERTY OF QJR PARTNERSHIP LTD INSTRUMENT NUMBER 20020214000237330 & VOLUME 5106, PAGE 2380, DEED RECORDS OF COLLIN COUNTY, TEXAS) BEING a parcel of land for a variable width permanent water line easement and being under, over and across a 162.12 acre tract located in the F.T. Daffau Survey, Abstract No. 0288, Collin County, Texas, conveyed to QJR Partnership LTD by a deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records of Collin County, Texas (D.R.C.C.T.), said variable width permanent water line easement being more particularly described as follows: BEGINNING at a point for corner, in the southeast portion of the said 162.12 acre QJR Partnership LTD tract and in the west right-of-way line of a future variable width right-of-way dedication to the City of Anna (by others), said point of beginning being N 86°47'22" W, a distance of 834.05 feet from a 5/8" iron rod found in the southeast corner of said 162.12 acre QJR Partnership LTD tract and the southwest corner of a 51.195 acre tract of land conveyed to Two -J Partners, LLLP by deed recorded in Instrument Number 20080509000562500 of the D.R.C.C.T., said iron rod being in the north property line of a 114.608 acre tract conveyed to Anna 455 Residential, LP by a deed recorded in Instrument Number 20070403000444410, of the D.R.C.C.T, said point of beginning also being N 44°55'15" W, a distance of 41.96 feet from a 5/8" iron rod found in the south property line of said 162.12 acre QJR Partnership LTD tract, and being in the northwest property corner of said 114.608 acre Anna 455 Residential, LP tract, said iron rod being in the northeast corner of a 29.157 acre tract of land being The Falls Phase 2, an addition to the City of Anna as recorded by Subdivision Number 58550, of the Plat Records of Collin County, Texas (P.R.C.C.T.), said point of beginning also being the beginning of a non -tangent curve to the left; THENCE, along said curve having a radius of 830.00 feet, a central angle of 14°19'36", and an are distance of 207.54 feet (chord bearing - N 81'49'44" W and chord distance of 207.00 feet) to a point for corner; THENCE, S 88°59'32" E, a distance of 106.95 feet to a point for a corner, said point being the at the beginning of a curve to the right; THENCE, along said curve having a radius of 830.00 feet, a central angle of 6'48'14", and an arc distance of 98.56 feet (chord bearing - S 85°35'25" E and chord distance of 98.51 feet) to a point for corner, said point being on the west right-of-way line of said future right-of-way dedication; THENCE, S 0°42'58" W, a distance of 19.97 feet to the POINT OF BEGINNING, said variable width Water Line Easement containing 0.036 acre (1,563.25 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 08/10/2016. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. rVONO Frl.NP%$TeTexasRegistrationNo. 6523 9p'!yNBirkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 pEREK B. CHANEY 11910 Greenville Ave., Suite 600 7243 t o...6523 . Dals.,:' PhonTexas e 214-361-57900 HAProjec1sV+nna\20141 I1\Esml_PlalsV)mcciplions\ParccI4 (Esml).doc Page 1 of2 0CAN J(DJO O V) Cl LLI m Z 1L U a00 U a- O N 1 O FF- N Z C -4 o) 0— C-4 COY .. . U LLJ O V N if) cl F= L` Z O a. Z IT 4.1 LA: N S3 t zO a U w P I I \ I LO v u I 0 d J a O L1 OO oo~ N ,t U W C:) U O(if N O Qo Z Z Z Z rim Z MU ST1VJ VlTMN Co I j O cW I rn ao M o Z LI. mI O O I Z m 2 I W DO I I oUM Lr) W I FL N Urns w vvi O 0 I Ljj N Q Q't az I I \ I LO v u I 0 d J a O L1 OO oo~ N ,t U W C:) U O(if N O Qo Z Z Z Z rim Z MU ST1VJ VlTMN Co I j O cW I rn ao M o O OP LI. Oto O O Z`- 4: Z m Q0117 G_I O O N DO I W ON zo U ? U 11M N w O Q JN cW Z ao eOD LI. I..I.JW O O o Z m p W DO I W ON zo m U FL N Urns w vvi O 0 3tO o N Q Q't OU O Q Q. Z U I w N N W q rn _3 n J ri_ Q Q= K V W W OwX N 17 Z -viw 02°< J O H m a r I Z w p:tn C6 X20 0 0 o r I w INWW 0 NZOO3 O W Z m p WUWZ ZO ON zo129wA ouj U FL N w vvi O 0 3tO o ZpZ U w N OU O QQVp Z Z0 Z N N MH J ri_ Q Q= Z -: N 17 r I QJR Partnership LTD. By: D. Rollins` ) / t-I / J/ THE STATE OF TEXAS § COUNTY OF COLLIN § nn ( 12LtQ JThisinstrumentwasacknowledgedbeforemeonthea day of 20 E by CLrnC S V, J h ]A lc _ who states under oath that he/she is the owner of Grantor's Property described herein has the authority to ecute t ' docume . v Notary Public, tate of Texas Jeffr W ollins ' ' 1111'. _ CARRIE L. SMITH r Notary My CommissionExpiresE pires e of as January 27, 2019 ACKN WIJEDGMENT THE STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the0 day of JO -VI aar20 L byl - who states under oath that he/she is the owner of Grantor's Property described here and has the authority to exec this doculnent. r , (I- A Notary Public, State of Texas cc L. Rollins AC OWLEDGMENT THE STATE OF TEXAS 111 Ilq/ CARRIE L. SMITH Al Notary Public, State of Texas My Commission Expires a< January 27, 2019 COUNTY OF COLLIN § J p This instrument was acknowledged before me on they` ay of 20 by (7'C 9// ho states under oath that he/she is the owner of Grantor's Property described herein a d has the authority t exec ut his docu t. 4ot Public, State of Tomas Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 01/23/2017 10:25:13 AM 38.00 SCAPELA 20170123000094980 xON •. 1-1; l CARRIE L. SMITH Notary Public, State of Texasz, My Commission Expires January 27, 2019 Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 01/23/2017 10:25:13 AM 38.00 SCAPELA 20170123000094980 xON •. 1-1; l 10:25:14 AN EM 115 PERMANENT WATER EASEMENT Date: *4 /Z/ 2017 Grantor: QJR Partnership LTD. Grantee: City of Anna, Texas, a municipal corporation Grantor's Mailing Address: Grantee's Mailing Address: 9262 County Road 419 P.O. Box 776 Anna, TX 75409-8205 Anna, Texas 75409 in Collin County, Texas Grantor's Property: The Grantor's Property is a tract of land located in the F. T. Daffau Survey, Abstract No. 00288, conveyed to QJR Partnership LTD by deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records, Collin County, Texas, (DRCCT). Permanent Water Easement: The Permanent Water Easement ("Easement") is 0.036 acres of property within Grantor's Property, said 0.036 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 utility lines below the surface, together with the right of ingress and egress along, upon, over, under, and across Grantor's Property within the bounds of the Easement. Consideration: The sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor. Grant of Easement: Grantor, for the Consideration described herein, grants, sells, and conveys to Grantee and Grantee's heirs, successors and assigns, the Easement over, under, on and across Grantor's Property for the Easement Purpose, including the right of construction, installation, reconstruction, operation, maintenance, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal and other associated uses of water 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. 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. SIGNATURES PAGE FOLLOWS, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] LINE TABLE CALLED 162.12 ACRES C) 0 U) 0- N LENGTH QJR PARTNERSHIP, LTD. LO S00°33'24"W VOL. 5106, PG. 2380 U o N89°00'06"W L.R.C.C.T. RIGHT OF WAY Q W C) ~ S00°43'58"W PERMANENT WATER LINE EASEMENT DEDICATIONINST. NO. Lu co 17°01'35" 20160406000379400 I Q o S80°15'28"E O.P.R. C.C.T. 1.052 ACRE C]dc1d Cl (45,836 SQ. FT.) a 0 ° 1C2 S88°46'15"E 422.34' z J LOCK L2 ` 88°46'1ELW 803.28' 19 20 21 22 23 5/81' IRF --------- -- P.O.B. 5/8" IRF XF 20' WIDE PERMANENT WATER LINE cel CALLED 114.608 ACRESfHELMOKEN EASEMENT 29 ANNA 455 RESIDENTIAL, LP INST. NO. 20160127000098440 O.P.R.C.C.T. DRIVE FALLS INST. NO. 20070403000444410 & 28 INST. NO. 20070403000444420 U O.P.R.C.C.T. a L m 27 d W v I 26 H LINE TABLE NO. BEARING LENGTH L1 S00°33'24"W 40.00' L2 N89°00'06"W 30.00' L3 S00°43'58"W 110.44' NOTE: CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 11'27'30" 890.00' 177.99' S77°28'26"E 177.69' C2 17°01'35" 810.00' 240.70' S80°15'28"E 239.82' 1. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. 2. All corners are monumented by a 5/8 -Inch iron rod with a red plastic cap stamped "KHA" unless otherwise noted. MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@klmley-horn.com STENDAHL. ABEL 10/11/2016 7:18 AM K:\FRI SUI 0 100 200 GRAPHIC SCALE IN FEET LEGEND A = CENTRAL ANGLE P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND IPF = IRON PIPE FOUND P.R.C.C.T. = PLAT RECORDS OF COLLIN COUNTY, TEXAS L.R.C.C.T. = LAND RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS RIGHT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY ABSTRACT NO. 288 CITY OF ANNA COLLIN COUNTY, TEXAS Kimlev*Horn 5750 Genesis Court, Suite 200 Tel. No. (972) 335-3560 F2GO, Texas 75034 FIRM # 10193622 Fax No. (972) 335-3779 Scale Drawn by Checked by Date Project No. Sheat No. 1' = 200' APS KHA SEPT. 2016 062451700 1 201`2 700 HACKBERRY ROAD EXHIBIT.DWG BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas and being a portion of a called 162.12 acre tract of land conveyed to QJR Partnership, Ltd., as evidenced in a Warranty Deed, recorded in Volume 5106, Page 2380 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 -inch iron rod found for the southeast corner of said 162.12 acre tract, same being the southwest corner of a called 51.195 acre tract of land conveyed to Two -J Partnership, LLLP, as evidenced in Quit Claim Deed, recorded in Instrument No. 2008059000562500 of the Official Public Records of Collin County, Texas, on the northerly line of a called 114.608 acre tract of land conveyed to Anna 455 Residential, LP, as evidenced in as evidenced in a Special Warranty Deed, recorded in Instrument No. 20070403000444410, and a Special Warranty Deed, recorded in Instrument No. 20070403000444420, both of the Official Public Records of Collin County, Texas; THENCE North 88°46'15" West, along the southerly line of said 162.12 acre tract and along the northerly line of said 144.608 acre tract a distance of 803.28 feet to a 5/8 -inch iron rod found for the northwest corner of said 114.608 acre tract, same being the northeast corner of The Falls Phase 2, an addition to the City of Anna, according to the Plat thereof, recorded in Cabinet P, Page 870 of the Plat Records of Collin County, Texas, on the southerly line of said 162.12 acre tract; THENCE North 8900'06" West, along the southerly line of said 162.12 acre tract and along the northerly line of said The Falls Phase 2, a distance of 30.00 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set for corner; THENCE departing the northerly line of said The Falls Phase 2 and crossing said 162.12 acre tract, the following courses: MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com STENDAHL, ABEL 10/11/2016 7;18 AM K;1FRI_SUl A North 00°43'58" East, a distance of 110.44 feet to a 5/8 -inch iron rod with a red plastic cap stamped KHA" set at the beginning of a non -tangent curve to the right having a central angle of 11 °27'30", a radius of 890.00 feet, a chord bearing and distance of South 77°28'26" East, 177.69 feet; In a southeasterly direction, with said curve to the right, an arc distance of 177.99 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set at the beginning of a reverse curve to the left having a central angle of 17°01'35", a radius of 810.00 feet, a chord bearing and distance of South 80°15'28" East, 239.82 feet; In a southeasterly direction, with said curve to the left, an arc distance of 240.70 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set for corner; South 88°46'15" East, a distance of 422.34 feet to a 5/8 -inch iron rod with a red plastic cap stamped KHA" set for corner on the easterly line of said 162.12 acre tract, same being the westerly line of aforesaid 51.195 acre tract; THENCE South 00°33'24" West, along the easterly line of said 162.12 acre tract and along the westerly line of said 51.195 acre tract, a distance of 40.00 feet to the POINT OF BEGINNING and containing 1.052 acres 45,836 sq. ft.) of land, more or less. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. il700-AVERY POINTEfDWG\EASEMENTSl063451700 HACKBERRY ROAD EXHIBIT.DWG RIGHT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY icy ABSTRACT NO. 288 e o'••.s CITY OF ANNA COLLIN COUNTY, TEXAS MICHAEL B. MARX 5181 , ;' P.. Ki!pHorn9 •• O F F S? 5750 Genesis ite 200S410- .. I I V 23580 Frisco, Texas 75034 FIRM # 10193822 Fax No. (972) 335-3779 S U• Scale Drawn by Checked by DatePro ect No. Sheet No. I N/A APS KHA SEPT. 2016 062451700 1 OF 2II il700-AVERY POINTEfDWG\EASEMENTSl063451700 HACKBERRY ROAD EXHIBIT.DWG IN WITNESS WHEREOF, this instrument is executed on this the t day of ',2017. QJR Partnership LTD. By: THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on th& tday of JMW&C, 20A_, by ICYIPS \Lr l i O'J who states under oath that he/she is the owner of the Grantor's Property described herein and has the authority t execut this d;orcun. 12 Notary Public, State okTexas Jeffrey W. Rollins 1 ` ACIROWLEDGMENT THE STATE OF TEXAS prorej"P,. CARRIE L. SMITH Notary Public. State of Texas F j='i My Commission Exphes R7. 2019January21, 2019 r CARRIE L. SMITH Notary Public, State of Texas f .}''Z,M+ My commission Exp January COUNTY OF COLLIN § This instrument was acknowledged before me on thglA ( day of .a u , 20 (7, by L E1149-5 who states under oath that he/she is the owner of the Grantor's Property described herein and h s the authority to xecut is documen otary Public, State of T xas Rebecca L. Rollins CARRIE L. SMITH Notary Public, State of Texas C ^ = My Commission ExpiresT " January 27, 20199j•... `,.-, AINOWLEDGMENT E THE STATE OF TEXAS COUNTY OF COLLIN § This instrument was acknowledged before me on the day o 20jj, by Ver rO 'ElfilvIS who states under oath that he/she is the owner of the Grantor's Property described herein add has the authority to execut his docu n Notary Public, State o xas CARRIE L. SMITH A. Notary Public, State of Texas N My Commission Explreri January 27, 2019 Water Line Easement Acquisition Agreement between The City of Anna (Grantee) and QJR Partnership LTD (Grantor) QJR Partnership LTD, Grantor and Owner of a 162.12 -acre tract located in the F. T. Daffau Survey, Abstract No. 0288, Collin County, Texas conveyed to QJR Partnership LTD by a deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records, Collin County, Texas, (DRCCT), agrees the City of Anna, Grantee, will compensate the Grantor $3,126.50 for grant a total of 1,563.25 square feet of land for a water line easement. It is further agreed that the City of Anna will provide within the easement at Grantor's request: 1. One (1) one -inch (1") water service tap to the Grantor and waive the tap fee; and 2. One (1) one -inch (1") water meter to Grantor and waive the meter set fee. QJR Partnership LTD, Grantor: es D. Rollins I D W 4WqNrN rac-ice Rollins Date i - Z)-- I Rollins Date City of Anna, Grantee: am ilip S'adders City Manager STACEY KEMP COUNTY CLERK Cashier SCAPELA Customer CITY OF ANNA PO BOX 776 ANNA, TX 75409 COLLIN COUNTY, TEXAS STACEY KEMP 2300 Bloomdale Rd, Suite 2104 McKinney, TX 75071 Phone: 972-548-4185 Receipt for Services Batch # 1467802 Date: 01/23/2017 Time: 10:25:13AM Date Instrument No Document Type Transaction Type GF Number Pg/Amt 1/23/2017 10:25:13AM 20170123000094980 D1 Party l: QJR P/S LTD Dl 1/23/2017 10:25:14AM 20170123000094990 EM EM Party 2: 4 Total: 38.00 5 Total: 42.00 Fee Total: 80.00 CREDIT 100147069556 80.00 R-0 - l') Payment Total: 80.00 Page 1 of I Certified Payments PAYMENT DETAILS BY BUREAU CERTIFIED PAYMENTS - PRINT RECEIPT All Transactions Approved Bureau: 6281876 - Collin County, TX Clerk M Land Invoice Item Amount Conv. Result Fee Fees: $80.00 $1.84 Approved Payment Id: 100147069556 Total Amounts + All Fees: BILLING INFORMATION Payment will be billed to: PHILLIP S SANDERS Card ending in ...6847 Processed at 01/23/2017 10:29:16 AM CST LEGAL NOTICE 81.84 Certified Payments provides a service for consumers and businesses to make payments via their credit card for various types of services and taxes. By utilizing Certified Payments, you, the cardholder, are subject to the following terms and conditions. By submitting your payment through Certified Payments, you are agreeing to the terms and conditions listed in the Legal Notices link below. Please read all terms and conditions carefully - 1 -866-539-2020 Page 1 of 1 https://stage-quicksti.certifiedpayments.net/DigitalReceipt.aspx?BureauCode=6281876&T... 1/23/2017