R-3438-11-16RESOLUTION NO. 3438-11-16(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING RELEASE OF RELEASE OF TEMPORARY
STREET, DRAINAGE, WATER LINE AND SANITARY SEWER EASEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about August 19, 2014, JBGL Exchange, LLC, C"Developer") executed that certain
Temporary Street, Drainage, Water Line and Sanitary Sewer Easement Cthe Easement') conveying certain
perpetual easements to the City of Allen, Texas C"City") on, over, and under real property described in the
Easement, which was recorded on August 21, 2014 as Instrument No. 20140821000900700 in the Official
Public Records of Collin County, Texas; and,
WHEREAS, subsequent to the grant of the Easement, Developer obtained approval of a subdivision of the
property described in the Easement, said subdivision being identified as the Final Plat of The Pillage at Twin
Creeks Phase Two, an addition to the City of Allen, Collin County, Texas, according to the plat recorded as
Instrument No. 20160622010002470 in the Official Public Records, Collin County, Texas Cthe Plat'); and,
WHEREAS, pursuant to the Plat, Developer has specifically granted and conveyed to City certain easements
for streets, drainage, water, sanitary sewer, and other purposes which are described on the Plat but which are
not co -extensive with the entirety of the property as described in the Easement; and,
WHEREAS, Developer has requested that City terminate the Easement in light of the easements granted and
conveyed pursuant to the Plat; and,
' WHEREAS, upon recommendation of the City Administration, the City Council has determined that it is in
the public interest to terminate the Easement as requested subject to certain reservations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to sign on behalf of the City the Release of Temporary
Street, Drainage, Water Line and Sanitary Sewer Easement in the forth attached hereto as Exhibit "A" and
incorporated herein by reference.
SECTION 2. This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22- DAY OF NOVEMBER 2016.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
1 Shelley B. Geo e, TRMC, CITYCITY SECRETARY
Exhibit "A" to Resolution No. 3438-11-16(R)
RELEASE OF TEMPORARY STREET, DRAINAGE, WATER LINE
AND SANITARY SEWER EASEMENT
STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS, on or about August 19, 2014, JBGL Exchange, LLC, ("Grantor") executed
that certain Temporary Street, Drainage, Water Line and Sanitary Sewer Easement ("the
Easement') conveying certain perpetual easements to the City of Allen, Texas ("Grantee") on,
over, and under real property described in the Easement, which was recorded on August 21, 2014
as Instrument No. 20140821000900700 in the Official Public Records of Collin County, Texas;
and
WHEREAS, subsequent to the grant of the Easement, Grantor has obtained approval of a
t subdivision of the property described in the Easement, said subdivision being identified as the
Final Plat of The Village at Twin Creeks Phase Two, an addition to the City of Allen, Collin
County, Texas, according to the plat recorded as Instrument No. 20160622010002470 in the
Official Public Records, Collin County, Texas (`the Plat'); and
WHEREAS, pursuant to the Plat, Grantor has specifically granted and conveyed to
Grantee certain easements for streets, drainage, water, sanitary sewer, and other purposes which
are described on the Plat but which are not co -extensive with the entirety of the property as
described in the Easement; and
WHEREAS, Grantor has requested that Grantee terminate the Easement in light of the
easements granted and conveyed pursuant to the Plat; and
WHEREAS, Grantee has determined that it is in the public interest to terminate the
Easement as requested subject to certain reservations;
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantee hereby TERMINATES, RELEASES AND ABANDONS the Easement;
PROVIDED, HOWEVER, Grantee does not terminate, release, and/or abandon, and does not by
this instrument intend to terminate, release, and/or abandon, any right, title, or interest in any
' easement of any kind and for any purpose whatsoever, shown on and dedicated and conveyed to
Grantee pursuant to the Plat.
PAGE 2 TERMINATION OF TEMPORARY STREET, DRAINAGE, WATERLINE, AND SANITARY SEWER
EASEMENT
AFTER RECORDING, RETURN TO:
CITY OF ALLEN
305 CENTURY PARKWAY
ALLEN, TEXAS 75013
RELEASE OF TEMPORARY STREET, DRAINAGE, WATER LINE
AND SANITARY SEWER EASEMENT
STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS, on or about August 19, 2014, JBGL Exchange, LLC, ("Grantor") executed
that certain Temporary Street, Drainage, Water Line and Sanitary Sewer Easement ("the
Easement') conveying certain perpetual easements to the City of Allen, Texas ("Grantee") on,
over, and under real property described in the Easement, which was recorded on August 21, 2014
as Instrument No. 20140821000900700 in the Official Public Records of Collin County, Texas;
and
WHEREAS, subsequent to the grant of the Easement, Grantor has obtained approval of a
t subdivision of the property described in the Easement, said subdivision being identified as the
Final Plat of The Village at Twin Creeks Phase Two, an addition to the City of Allen, Collin
County, Texas, according to the plat recorded as Instrument No. 20160622010002470 in the
Official Public Records, Collin County, Texas (`the Plat'); and
WHEREAS, pursuant to the Plat, Grantor has specifically granted and conveyed to
Grantee certain easements for streets, drainage, water, sanitary sewer, and other purposes which
are described on the Plat but which are not co -extensive with the entirety of the property as
described in the Easement; and
WHEREAS, Grantor has requested that Grantee terminate the Easement in light of the
easements granted and conveyed pursuant to the Plat; and
WHEREAS, Grantee has determined that it is in the public interest to terminate the
Easement as requested subject to certain reservations;
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantee hereby TERMINATES, RELEASES AND ABANDONS the Easement;
PROVIDED, HOWEVER, Grantee does not terminate, release, and/or abandon, and does not by
this instrument intend to terminate, release, and/or abandon, any right, title, or interest in any
' easement of any kind and for any purpose whatsoever, shown on and dedicated and conveyed to
Grantee pursuant to the Plat.
PAGE 2 TERMINATION OF TEMPORARY STREET, DRAINAGE, WATERLINE, AND SANITARY SEWER
EASEMENT
Exhibit "A" to Resolution No. 3438-11-16(R)
' Executed on the date set forth below.
CITY OF ALLEN, a Texas home rule
municipality
1
1
0
STATE OF TEXAS
COUNTY OF COLLIN
Peter H. Vargas, City Manager
This instrument was acknowledged before me on the day of November, 2016, by
Peter H. Vargas, City Manager of the City of Allen, a Texas home rale municipality, on behalf
of said municipality.
Notary Public, State of Texas
My commission expires:
PAGES TERMINATION OF TEMPORARY STREET,DRAINAGE, WATER LINE, AND SANITARY SEWER
EASEMENT