R-3710-10-19 RESOLUTION NO.3710-10-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DETERMINING THE EXISTENCE OF A PUBLIC NEED AND
NECESSITY AND A PUBLIC PURPOSE FOR THE ACQUISITION OF THE LAND
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO FOR SANITARY SEWER
EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS RELATING TO
THE CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, AND
REMOVAL OF SANITARY SEWER MAINS AND RELATED FACILITIIES FOR
THE SLOAN CREEK SANITARY SEWER MAIN PROJECT; AUTHORIZING THE
PURCHASE OF SAID EASEMENTS FOR JUST COMPENSATION; AUTHORIZING
A LAST AND FINAL OFFER AND AUTHORIZING THE CITY ATTORNEY TO FILE
PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SUCH PROPERTY IF SUCH
LAST AND FINAL OFFER IS REFUSED OR NOT TIMELY ACCEPTED; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recent sanitary sewer modeling efforts on behalf of the North Texas Municipal Water District
(NTMWD) along Cottonwood Creek, and additional information provided by the City of Allen, determined
that capacity may not exist within the trunk system owned by NTMWD to serve areas to be developed within
the north central areas of the City along the U.S. 75 corridor; and,
WHEREAS,the need for a regional lift station to include flows from both the City of Allen and the Town of
Fairview was identified and recommended as part of the assessment; and,
WHEREAS,the City Council for the City of Allen fords that a public need and necessity exists to acquire the
necessary permanent and temporary construction easements described in Exhibit "A," attached hereto and
incorporated herein by reference to facilitate the construction, maintenance, repair, replacement, and removal
of sanitary sewer mains and related facilities; and,
WHEREAS, it is hereby determined that the construction, maintenance, repair, replacement, and removal of
the Sloan Creek Sanitary Sewer Main Project("the Project")and related facilities constitutes a public purpose
and will provide a benefit for the welfare and convenience of the citizens such that acquisition of the described
easements is required to further that public purpose; and,
WHEREAS, the City Council desires the City Manager or his designee take the necessary steps under
applicable law to negotiate with the owners of the property described in Exhibit"A"to purchase the easements
necessary for the Project; and,
WHEREAS,the City Council recognizes that despite the most earnest of intentions to reach an agreement on
the transaction of land,in some cases an agreement cannot be reached,and other legal means must be employed
to secure the property rights to make necessary improvements for the public welfare, and,
WHEREAS, in the event negotiations for purchase of the easements are unsuccessful,the City Council of the
City of Allen, Collin County, Texas finds it to be in the public interest and to the benefit of the health, safety,
and welfare of its citizens to authorize the use of the power of eminent domain to acquire the necessary interests
in real property to construct the Sloan Creek Sanitary Sewer Main Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The facts, recitations, and findings contained in the recitals of this Resolution are found to be
true and correct and are hereby incorporated herein for all purposes.
SECTION 2. The City Council of the City of Allen,Texas,hereby finds and determines that a public need and
necessity exists for the welfare of the City and its citizens and it is in the public interest to acquire permanent
utility easements and temporary construction easements for the construction,maintenance,repair,removal,and
replacement of the Project on, over, under, and across the various tracts of real property described in Exhibit
"A,"attached hereto and incorporated herein by reference(collectively,the"Easement Property") and further
finds that the Project constitutes and will serve a public purpose.
SECTION 3. The City Manager or designee is hereby authorized on behalf of the City to acquire title to the
Easement Property for the construction of the Project and, if necessary, to attempt to agree on damages and
compensation to be paid from City funds available for such purpose to the owners of the Easement Property in
an amount which is not less than the fair market value for the interest in the respective tracts of the Easement
Property to be acquired,including any damages to the remainder of the owners' adjacent properties,if any,said
offer being an amount which is not less than the amount set forth in the independent appraisal of the interest in
the respective tracts obtained by the City and provided to said property owners. In the event such offer is
accepted, the City Manager or designee is hereby authorized to negotiate and sign such contracts and other
documents the City Manager determines to be reasonable and necessary in order to close on the acquisition of
the various tracts constituting the Easement Property. If the City Manager or designee is unable to acquire the
necessary property interests or determines that an agreement as to damages and compensation cannot be
reached, then the City Manager or designee is authorized to make a last and final offer of just and adequate
compensation to the owners of the portion(s) of the Easement Property for which a negotiated purchase price
has not been obtained. If the last and final offer is not timely accepted,the City Attorney or designee is hereby
authorized to file or cause to be filed against the owners and interested parties of the portion of the Easement
Property to be acquired,proceedings in eminent domain to acquire such portion of the Easement Property.
SECTION 4. If it is later determined there are any errors in the descriptions contained herein, if later surveys
contain more accurate revised descriptions, or if the description of the property interest to be acquired are
revised pursuant to an agreement with the property owner,the City Attorney or designee is authorized to have
such errors corrected or revisions made without the necessity of obtaining City Council approval authorizing
the condemnation of the corrected or revised property.
SECTION 5. This resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 8TH DAY OF OCTOBER 2019.
AP O'V
Stephen errell,MAYOR
ATTEST:
She ey . George, S CRETAR
Resolution No. 3710-10-19(R4, Page 2
Exhibit"A"
Page 3 of 10
WP Sloan Creek VII,LLC City of Allen, TX
9/4/2019 Sloan Creek Trunk Sewer
EXHIBIT"A"
FIELD NOTE DESCRIPTION
PERMANENT UTILITY EASEMENT
CITY OF ALLEN,TEXAS
Being a strip of land,generally 9.84-feet in width for a Permanent Utility Easement,under,over and across Tract 22
of the Jonathan Phillips Survey,Abstract 719,Collin County,Texas,a called 14.754 acre tract of land conveyed to
WP Sloan Creek VII, LLC by deed recorded in Instrument No. 2014001001068950 of the Deed Records of Collin
County,Texas(D.R.C.C.T.),said 25-foot Permanent Utility Easement being more particularly described as follows:
BEGINNING at a point for corner,said point being in the west property line of said 14.754 acre WP Sloan Creek VII,
LLC tract and the east line of U.S.Highway 75(a variable width right-of-way),said point bearing N 13°06'12"E,a
distance of 73.94 feet from a 3-inch wooden Texas Department of Transportation(TxDOT)monument found in said
east right-of-way line of U.S.Highway 75,said point also bearing S 16°28'48"W,a distance of 1083.92 feet from a
1/2-inch iron rod found in said east right-of-way line of U.S. llighway 75 and in the southwest corner of a called
215.144 acre tract of land conveyed to Sloan Creek II,LLC by deed recorded in Instrument No.20080221000205890
(D.R.C.C.T.),said iron rod being the northwest property corner of said 14.754 acre WP Sloan Creek VII,LLC tract;
THENCE S 73°23'17"E,departing the west property line of said 14.754 acre WP Sloan Creek VII,LLC tract and said
east right-of-way line of U.S.Highway 75,a distance of 47.92 feet to a point for corner;
THENCE N 89°46'25"E,being at all times a 9.84-foot perpendicular distance from and parallel with the deed called
south property line of said 14.754 acre WP Sloan Creek VII,LLC tract,a distance of 714.71 feet to a point for corner,
said point being in the east property line of said 14.754 acre WP Sloan Crcck VII,LLC tract and in the west property
line of said 215.144 acre Sloan Creek II,LLC tract;
THENCE S 00°41'56"E,along the called east property line of said 14.754 acre WP Sloan Creek VII,LLC tract and
the west property line of said 215.144 acre Sloan Creek II,LLC tract,a distance of 9.84 feet to a point for corner,said
point being in the southeast corner of said 14.754 acre WP Sloan Creek VII,LLC tract;
THENCE S 89°46'25"W,departing the west property line of said 215.144 acre Sloan Creek II,LLC tract,along the
called south property line of said 14.754 acre WP Sloan Creek VII,LLC tract and passing along parts of an existing
fence line, and being at all times a 15.16-foot perpendicular distance from and parallel with the deed called north
property line of a 99.51839 acre tract of land conveyed to H. Roger Lawler by deed recorded in Instrument No.
20180904001110750(D.R.C.C.T.)and the centerline of Bush Road(a 15-foot wide called public road,See Note 4),a
distance of 762.60 feet to a point for corner,said point being in said east right-of-way line of U.S.Highway 75 and in
the southwest corner of said 14.754 WP Sloan Crcck VII,LLC tract;
THENCE N 16°36'43"E,along said east right-of-way line of U.S.Highway 75 and the west line of said 14.754 acre
WP Sloan Creek VII,LLC tract,a distance of 17.52 feet to a point for corner;
THENCE N 24°40'41"W,continuing along said east right-of-way line of U.S.Highway 75and the west property line
of said 14.754 acre WP Sloan Creek VII,LLC tract,a distance of 7.60 feet to a point for corner;
1:['LF:RICA1 WII°rVOI R-IVI Sloan Creek Tnuuk Sean`.Field Notes&Plars&OG.WP Slnao Creek VII LLC In Unlay I'.a.,crncml dock Pagel of 3
Resolution No.3710-10-19(R),Page 3
Exhibit"A"
Page 4 of 10
WP Sloan Creek VII,LLC City of Allen, TX
9/4/2419 Sloan Creek Trunk Sewer
EXHIBIT"A"
THENCE N 16°32'40"E,continuing along said east right-of-way line of U.S.Highway 75 and the west property line
of said 14.754 acre WP Sloan Creek VII,LLC tract,a distance of 0.04 feet to the POINT OF BEGINNING,said 25-
foot Permanent Utility Easement containing 0.179 acre(7,780 square feet)of land,more or less.
Also,a 50-foot wide Temporary Construction Easement being immediately adjacent to and parallel with the north line
of said 25-foot Permanent Utility Easement and containing 0.867 acre(37,753 square feet)of land,more or less.
Notes: Gary C.Hendricks,P.E.,R.P.L.S. OF
1. Bearings and distances cited in this field Texas Registration No.5073 A P�'GAsT...........F-f-
g g ��Q� *gFo.,9��
note description are based on the Texas Birkhoff,Hendricks&Carter,L.L.P. o
State Plane Coordinate System,NAD-83, TBPLS Firm No. 100318-00 • GARY CLINTON HENDRICKS
Texas North Central Zone 4202. 11910 Greenville Ave.,Suite 600 ` 5073
2. Field survey concluded on July 02,2019. Dallas,Texas 75243 ��q oPesmo?"0
Phone:214-361-7900 O SUR��
3. An Easement Plat of even date herewith
accompanies this Field Note Description. • 4 (1,0
4. Public road as called and referenced in /
deed from Sam H.Crawford and Nina M. I\ ,t
Crawford to the Lawler Family Trust
recorded in Vol.742,Pg.579,dated
October 1, 1969,D.R.C.C.T.
•
1.'Cl,F.RICALNIkn1201 8-1 8 8 Sloan Cre..k Ink Sew<nField Notes Se pia,ts06.wP Shan Creek NI I I C 175 U,ih,y Foremen,).dw Page 1 of 3
Resolution No.3710-10-19(R), Page 4
MI NM MN
/ __ —_ EXHIBIT "A"
'• R —— —— PAGE 3 OF 3
. LEGEND
p 1/2" LR.F. JONATHAN PHIWPS
ff) lo 4 REFERENCE BEARING SURVEY "I.R.f.' IRON ROD FOUND ZO
}. SI6'28'48 W 1083.92' ABSTRACT 719 'R.O.W.' RIGHT OF WAY I p `�
z 3 WP SLOAN CREEK VII, LLC I
�' (CALLED 14.754 ACRES) o
�'' m INST. NO. 2014001001068950
J
o ct D.R.C.C.T. 50' TEMPORARY R
�- TION EASEMENTI
el 9.84' PERMANENT 0.867 ACRES I ""^�
c UT7L/7Y EASEMENT (37,753 S.F..) I J=rr Qo
c POINT OF S7323'172' 0.179 ACRES 5/8• I.R.F. CAP • W r
47.92' N89'46251r Lo o
S. s BEGINNING (7,780 Si:) 714.71' "JPH SURVEY" Z u g
/ ` a (-4f
N16'32407 i J// ��/ �� j f
w 0.04' j/ I !r//117/7/1///,/'
f/ ' ff �/ � J r J � l/ f r!! / � j ..
#
A: yt
U Ie ...J N244 '41'W
A ----- — t — .
~' N1636'431" '-- �
17.52' R= i �R -yam• 689'4625V 5004156T 1-`
1S16'
p W 762.60 15•CALLED PUBLLC Raw 9.84' oh to O
"BUSH ROAD'(S$NOTE 4) n
E 3" TXDOT WOOD NTTA DRAINAGE/UTILITY ESMT. `
m MONUMENT FOUND INST. NO. 20110321000294980 �� RCtuD (ACAL
LED
PUBLIC ROAD, SEE NOTE 4)
to 03 REFERENCE BEARING
cro4 N13'O6'12"E — 73.94' -
3 H. ROGER LAWLER
(CALLED 99.51839 ACRES) \p
',9 es ., INST. NO. 20 1 80904001 1 1 0 750 I.P.F. 'C \
' APPROXMATE u&ns of D.R.C.C.T.
= I Z `s\�•1 0D-YEAR FLOODPINN ZONEA ✓�
`t1 FEMA MAP NO. 48085CO270K
/ / REVISED DULY B, 2019 -
NOTES --'�/J
1. SIMONDS AND DISTANCES CITED IN THIS PLAT ..
DESCRIPTION ARE BASED ON THE TEXAS STATE 1 r 1
r - ►►
9 N« .NAD-63,TEXAS 1 I C �•P-G°ETF+.� CITY OF ALLEN, TEXAS
8 I GO Q' R°•'9
2. nap SAYS CONCLUDED ON 07/02/2019. A : `r�4 WP SLOAN CREEK VII, LLC
I 3. A FIELD NOTECOPANIES THIS OF EVBIT DATE GARY CLINTON HENDRICKS • 9,g4' PERMANENT UTILITY EASEMENT
a HEREWITH ACCOMPANIES EXHIBIT. � �
o ioo / 'o 5073
4. PUBLIC ROAD AS CALLED AND REFERENCED IN ,V<'9•''9•FESS?�?P'OQI1 BIRKHOFF,HENDRICKS&CARTER,L.L.P.
DEED FROM SAM H. CR ER EM AND NINA M. �L� • �l September
CRAWFORO TO THE UIYLER FAMILY TRUST (} Q(y�� � PROTfSS1UNA1,ENGINEERS
8 RECORDED k4 THE 742,PG. 579,DATED 1 INCH = 1 Q0 FEET • ii'` ` �U Ri p' TBPE Furn No 526;TAPLS Firm No I0D31800 2019
2 OCTOBER 1, 1969, D.R.C.C.T. I I'IO Greenville Ave.Suite 600 Da11as,Texas 75243(214)361.7900
Exhibit"A"
Page 6 of 10
Sloan Creek 11,LLC City of Allen, TX
9/3/2019 Sloan Creek Trunk Sewer
EXHIBIT"A"
FIELD NOTE DESCRIPTION
PERMANENT UTILITY EASEMENT
CITY OF ALLEN,TEXAS
Being a strip of land,25-feet in width for a Permanent Utility Easement,under,over and across Tract 23 of the Joseph
Dixon Survey,Abstract 275,Collin County,Texas,a called 215.144 acre tract of land conveyed to Sloan Creek II,
LLC by deed recorded in Instrument No. 20080221000205890 of the Deed Records of Collin County, Texas
(D.R.C.C.T.),said 25-foot Permanent Utility Easement being more particularly described as follows:
BEGINNING at a point for corner,said point being in the west property line of said 215.144 acre Sloan Creek II,LLC
tract and in the north property line of a called 99.51839 acre tract of land conveyed to H. Roger Lawler by deed
recorded in Inst.No.20180904001110750(D.R.C.C.T.),said point also being in the centerline of Bush Road(a 15-
foot wide called public road,See Note 4),said point bearing S 15°22'07"E,a distance of 15.82 feet from a 5/8-inch
iron rod with a cap stamped"JPH Survey"found in the called south line of a called 14.754 acre tract of land conveyed
to WP Sloan Creek VII,LLC by deed recorded in Inst.No.2014001001068950(D.R.C.C.T.),said point also bearing
N 00°41'56"W,a distance of 113.78 feet from an iron pin found for a northeastern property corner of said 99.51839
acre Lawler tract and a southwestern property corner of said 215.144 acre Sloan Creek II,LLC tract;
THENCE N 00°41'56"W,departing the north property line of said 99.51839 acre Lawler tract,along the west property
line of said 215.144 acre Sloan Creek II,LLC tract,a distance of 25.00 feet to a point for corner,said point being in
the east property line of said 14.754 acre WP Sloan Creek VII,LLC tract;
THENCE N 89°46'25"E,departing the west property line of said 215.144 acre Sloan Creek II,LLC tract and the east
property line of said 14.754 acre WP Sloan Creek VII,LLC tract,a distance of 29.85 feet to a point for corner;
THENCE S 71°51'19"E,a distance of 306.58 feet to a point for corner;
THENCE N 58°24'34"E,a distance of 308.21 feet to a point for corner;
THENCE S 74°48'46"E,a distance 268.31 feet to a point for corner;
THENCE S 66°33'36"E,a distance 475.46 feet to a point for corner;
THENCE S 23°26'24"W,a distance 25.00 feet to a point for corner;
THENCE N 66°33'36"W,a distance 473.66 feet to a point for corner;
THENCE N 74°48'46"W,a distance 255.70 feet to a point for corner;
THENCE S 58°24'34"W,a distance 308.98 feet to a point for corner;
THENCE N 71°51'19"W,a distance of 314.13 feet to a point for corner;
1:CLERICAL AIInn52o18.1$R Sluan Crook Trook Jam.:rthold Nowa&Hau'nh.tilnan!'reek iI I I I'l:5'Utility Faacmcntl docn Page I o/3
Resolution No. 3710-10-19(R), Page 6
Exhibit"A"
Page 7 of 10
Sloan Creek 11,LLC City ofAllen, TX
9/3/2019 Sloan Creek Trunk Sewer
EXHIBIT"A"
THENCE S 89°46'25"W, a distance 25.60 feet to the POINT OF BEGINNING, said 25-foot Permanent Utility
Easement containing 0.794 acre(34,581 square feet)of land,more or less.
Also,a 50-foot wide Temporary Construction Easement being immediately adjacent to and parallel with the north line
of said 25-foot Permanent Utility Easement and containing 1.606 acre(69,938 square feet)of land,more or less.
Notes: Gary C.Hendricks,P.E.,R.P.L.S. ' . 11.
1. Bearings and distances cited in this field Texas Registration No.5073 ..( .O F $- .
A,`Q. GtsTFRF�1,9 k
note description are based on the Texas Birkhoff,Hendricks&Carter,L.L.P. A Co•e * o..,4
State Plane Coordinate System,NAD-83, TBPLS Firm No. 100318-00 1....;i. : k
Texas North Central Zone 4202. 11910 Greenville Ave.,Suite 600 • X CLINTON HENDRICNS
2. Field survey concluded on July 02,2019. Dallas,Texas 75243 r,1A '�.y 90 ess o`'�OQ,
Phone:214-361-7900 �1 E �i``.sI.1R� 4
3. An Easement Plat of even date herewith
accompanies this Field Note Description. ..
1 �f}��
4. Public road as called and referenced in � /‘ 2
deed from Sam H.Crawford and Nina M. f}�/0 )
Crawford to the Lawler Family Trust I l�
recorded in Vol.742,Pg.579,dated /
October 1, 1969,D.R.C.C.T.
I
J.'CLERICAL'AIIendOl 8.1 Sluan Creek Trvok Sowork field Notes A PlnrskOB-Sloan Creek II 1.i.0 i25'Utility EesemetX1doa Page 2 of 3
Resolution No.3710-10-19(R), Page 7
INE
I
WP SLOAN CREEK MI, LLC JOSEPH DIXON EXHIBIT "A"
(CALLED 14.754 ACRES) SLOAN CREEK II, LLC PAGE 3 OF 3
INST. NO. 2014001001068950 m g $V Y
D.R.C.C.T, 1 F. n ABSTRACT 275 TRACT 1
5�BPI.R.F.
s F. CAP I (CALLED 215.144 ACRES) 25' PERMANENT
INST. NO. 20080221000205890 UPLITY EASEMENT
REFERENCE BEARING R D.R.C.C.T.
S15.22.07"E - 15.82' 0.794 ACRES
N89'46251- ' (34,581 S F. )
i, BUSH ROAD 4—29.85" I S74'48 46 /
(A CALLED PUBLIC 268..31'
N58'24 34 1
ROAD, SEE NOTE 4) I i 308 21' S66;IJ 36�
,,, 475.46'
R-\ fL 50' TEMPORARY
�� n __ _ '" i y9t.
CONSTRUCT/ON EASEMENT
1.606 ACRES
_ � ROAD NOTE 4) _ a>>s��9 3 se• ,, (69,938 SF)
o N0041 ssw 43' _ ,
.9. 2s ao' s232624w
° POINT OF 558'24341YJ N74'48.460' 25.00' AZ
cBEGINNING I \ 308.98' 25s 70' N66333sw \ CM V
REFERENCE BEARING_ i 473.66'
F N0'29'09"W - 113.78'
1- X _S8.9'4625 W T. 0
xo I.P.F. 44314,
7C - 25.60' APPROXIMATE UNITS OF
100-YEAR FLOOOPLNN ZONE "A' 0,
JONATHAN PHIWPS FEMA MAP NO. 48085CO270K -
b SURVEY REVISED JULY 8, 2019 �' / .
a q ABSTRACT 719 __� — \ P�
H. ROGER LAWLER �_ ��0 \�
34 V LEGEND (CALLED 99.51839 ACRES) �_ y1,. �` �
a INST. NO. 20180904001110750 �_� �0 �'c•��c 1
±' 'I.R.F." IRON ROD FOUND D.R.C.C.T. e O •R O�
/"R.O.W." RIGHT OF WAY
NOTES: •
1. BEARINGS AND DISTANCES CITED IN THIS PLAT DESCRIPTION ARE BASED ON THE TEXAS STATE ' • ►
9 FAME COORDINATE SASL71, NAD-83,TEXAS .'cti.�F-.,R�. CITY OF ALLEN, TEXAS
NORTH CENTRAL ZONE 4202. i A,`A•tiG1STfgF r'9 E
E2. FIELD SURVEYS CONCLUDED ON 07/02/2019. ,• , 2 ►�L O s•, SLOAN CREEK II, LLC
1 3. A FIELD NOTE DESCRIPTION OF EVEN DATE . GARY CLINTON HENDRICKS
0 HEREWITH ACCOMPANIES THIS
EXHIBIT.
0 200 't 'c 5073 25'PERMANENT UTILITY EASEMENT
a 4. PUBLIC ROAD AS CALLED AND REFERENCED IN ,1<"9 '9..fiFS51�?..0 it BIRKHOFF,HENDRICKS&CARTER,L.L.P.
GEED FROM SAM H. CRAWFORD AND NINA M.
CRAWFORD TO THE LAWtm FAMkY TRUST .t ��SURVE P f ROFFSSIONAI.ENGINEERS September
RECORDED IN VOL. 742, PG.579,DATED 1 INCH = 200 FEET - i TF3PF.Finn No.526,TELPLS Firm No I0031800 20 9
OCTOBER I, 1969, D.R.C.C.T. 11910 Greeneilie Ave.,Suite 600 Dallas,Texas 75243(214)361-7900
a
Exhibit"A"
Page 9 of 10
Allen Retail Center,Lot 5 City of Allen,TX
9/4/2019 Sloan Creek Trunk Sewer
EXHIBIT"A"
FIELD NOTE DESCRIPTION
PERMANENT UTILITY EASEMENT
CITY OF ALLEN,TEXAS
Being a strip of land,generally 10-feet in width for a Permanent Utility Easement,under,over and across Lot 5 of
Allen Retail Center,an addition to the City of Allen as recorded by plat in Cabinet C,Page 583 of the Plat Records of
Collin County,Texas(P.R.C.C.T.),and being within the Jonathan Phillips Survey,Abstract 719,Collin County,Texas,
said 10-foot Permanent Utility Easement being more particularly described as follows:
BEGINNING at a point for corner,said point being in the west line of an existing variable width drainage and utility
easement conveyed to the North Texas Tollway Authority (NTTA) by deed recorded in Instrument No.
20090116000052310 of the Deed Records of Collin County,Texas(D.R.C.C.T.),said point bearing S 85°34'24"W,
a distance of 428.26 feet from a 3-inch wooden Texas Department of Transportation(TxDOT)monument found in the
east line of U.S. Highway 75 (a variable width right-of-way),said point also bearing S 33°16'53"W,a distance of
1368.99 feet from a 1/2-inch iron rod found in said east right-of-way line of U.S.Highway 75 and in the most westerly
property line of a called 215.144 acre tract of land conveyed to Sloan Creek II,LLC by deed recorded in Instrument
No.20080221000205890(D.R.C.C.T.),said iron rod being the northwest property corner of a called 14.754 acre tract
of land conveyed to WP Sloan Creek VII,LLC by deed recorded in Instrument No.2014001001068950(D.R.C.C.T.);
THENCE S 16°34'41"W,along the west line of said variable width NTTA drainage and utility casement,and being
at all times a 30-foot perpendicular distance from and parallel with the west right-of-way line of U.S.Highway 75,a
distance of 78.87 feet to a point for corner;
THENCE S 42°41'12"W,continuing along the west line of said variable width NTTA drainage and utility easement,
a distance of 22.72 feet to a point for corner;
THENCE N 16°34'41"E,departing the west line of said variable width NTTA drainage and utility easement,being at
all times a 40-foot perpendicular distance from and parallel with said west right-of-way line of U.S.Highway 75,a
distance of 106.69 feet to a point for corner,said point being in the west line of said variable width NTTA drainage
and utility casement;
THENCE S 36°53'04"E,along the west line of said variable width NTTA drainage and utility easement,a distance
of 12.45 feet to the POINT OF BEGINNING, said 10-foot Permanent Utility Easement containing 0.021 acre(928
square feet)of land,more or less.
Notes: Gary C.Hendricks,P.E.,R.P.L.S. .0.y F�•
1. Bearings and distances cited in this field Texas Registration No.5073 �P. o�srt q� ,9
g g g.:e �. o ;kDi
note description are based on the Texas Birkhoff,Hendricks&Carter,L.L.P. . .4 i....k
State Plane Coordinate System,NAD-83, TBPLS Firm No. 1 003 1 8-00 GARY CLINTON HENDRICKS •
Texas North Central Zone 4202. 11910 Greenville Ave.,Suite 600 � AoF 073 aP.;Q,
Dallas,Texas 75243 9 '•• ess'o• O I
2. Field survey concluded on July 02,2019. Phone:214-361-7900 �SUR‘1�y
3. An Easement Plat of even date herewith
accompanies this Field Note Description. 1/00
\61o/51
1:CiORICAI.II,nU018-186 Slwn Cad Trunk ScwcAField No &Plabt02-Allen Raul Cenrcr IAA 5(10'Utility rrumrnQJucx Page I al 2
Resolution No.3710-10-19(R), Page 9
EXHIBIT "A"
,tONATHAN PHIWPS
LEGEND SURVEY REFERENCE BEARING PAGE 2 OF 2
"I.R.F." IRON ROO FOUND ABSTRACT 719 S33'16'53"W — 1368.99' 1 2" I.R.F. J
"R.O.W." RIGHT OF WAY S36'53'041' /t12.Q5' /ALLEN RETAIL CENTER ADDITION
LOT 5 / -�- sa5'3�'2a'w_ 42a.2s' ___———
i
REFERENCE BEARING
(CALLED 4.8365 ACRES) ^"CABMr
/14.
. C, PG. 5831166--
POINT OF MONUMENT F3" TXDOT OUND
P.R.C.C.T.
SHELBY DRIVE N16'34 41 BEGINNING
(80' R.O.W.) 1o66s' 10' PERMANENT
°o a QUITCLAIMED BY s1s3441w UT/UTY EASEMENT
z a CITY OF ALLEN TO 7B.67 0.021 ACRES
b
w
s ALLENTOWNE MALL, LP (928 S.F.) ar=4
C a.
EXIST. VARIABLE WIDTH NTTA / "'' a
i i �DRAINAGE & UTIUTY ESMT.
p INST. NO. 20090116000052310 S42'41'12 4' 0 ^�h
I
0-, 4 22.72' L /050
EXIST. 50' NTTA
DRAINAGE & UTILITY ESMT.`NST. NO. 20090116000052310 ro ZS-
ot 1v /
3 / 1 INCH = 50 FEET
00 �'
Cosr. Raw 111 \• 1 A,P� RF 9 CITY OF ALLEN, TEXAS
3 0 A L5:Q' * O%':cP t
u I. BEARINGS AND DISTANCES CfTED E,THIS PLAT Z.
A W L ALLEN RETAIL CENTER, LOT 5
1 DESCRIPTION ARE RASED ON TDLAS STATE 6ARY CLINTON HENDRI 10'PERMANENT UTILITY EASEMENT
PIANE NE COOOORCOORDINATE�nIL.M, MADAD-83, TEXAS •
m
ti NORTH CENTRAL ZONE 4202. ...4 5073
,; V(9/,'9OFFSS\g`.--'40 V BIRKIIOFF,HENDRICKS&CARTER,L.L.P.
IzI 2. F1ELD SURVEYS CONCLUDED ON 07/02/2019. ,'L y • September
��SURVE..• EIRL/Ff SSIONA1 FNGT:LLRS
3. A FELD NOTE DESCRIPTION OF EVEN PATE 'SPE.ftrtn No S'b,TRPI.S Tan/No 10031800 2019
HEREWITH ACCOMPANIES THIS EXHIBIT. I I912. rn4Vlc Arc Suat 6330 Dallas,Texas 75243 1214:361-7901)
a
Exhibit"A"
Page 11 of 10
Allentowne Mall,LP City of Alien, TX
9/4i2019 Sloan Creek Trunk Sewer
EXHIBIT"A"
FIELD NOTE DESCRIPTION
PERMANENT UTILITY EASEMENT
CITY OF ALLEN,TEXAS
Being a strip of land,generally 25-feet in width for a Permanent Utility Easement,under,over and across Tract 15 of
the Jonathan Phillips Survey,Abstract 719,Collin County,Texas,a called 173.0607 acre tract of land conveyed to
Allentowne Mall,LP by deed recorded in Instrument No.20060403000429310 of the Deed Records of Collin County,
Texas(D.R.C.C.T.),said 25-foot Permanent Utility Easement being more particularly described as follows:
BEGINNING at a point for corner,said point being in the north property line of said 173.0607 acre Allentowne Mall,
LP tract and the south line of Shelby Drive(an existing 80-foot wide right-of-way),said point bearing S 62°46'45"W,
a distance of 641.40 feet from a 3-inch wooden Texas Department of Transportation(TxDOT)monument found in the
east line of the U.S.Highway 75(a variable width right-of-way),said point also bearing S 32°29'24"W,a distance of
1665.46 feet from a I/2-inch iron rod found in said east right-of-way line of U.S.Highway 75 and in the most westerly
property line of a called 215.144 acre tract of land conveyed to Sloan Creek 11,LLC by deed recorded in Instrument
No.20080221000205890(D.R.C.C.T.),said iron rod being the northwest property corner of a called 14.754 acre tract
of land conveyed to WP Sloan Creek VII,LLC by deed recorded in Instrument No.2014001001068950(D.R.C.C.T.);
THENCE S 28°23'17"E,departing the north property line of said 173.0607 acre Allentowne Mall,LP tract and said
south right-of-way line of Shelby Drive,a distance of 89.35 feet to a point for corner,said point being in the west lint
of an existing 30-foot drainage and utility easement conveyed to the City of Allen by deed recorded in Instrument No.
20090116000052310(D.R.C.C.T.);
THENCE S 16°34'47"W,along the west line of said 30-foot City of Allen drainage and utility casement,and being
at all times a 30-foot perpendicular distance from and parallel with the west right-of-way line of U.S.Highway 75,a
distance of 35.38 feet to a point for corner,said point being in the west line of said 30-foot City of Allen drainage and
utility easement;
THENCE N 28°23'17" W, departing the west line of said 30-foot City of Allen drainage and utility easement, a
distance of 124.99 feet to a point for corner;
THENCE N 16°36'43"E,a distance of 10.18 feet to a point for corner,said point being in the north property line of
said 173.0607 acre Allentowne Mall,LP tract and in said south right-of-way line of Shelby Drive;
THENCE S 73°23'IT'E,along the north property line of said 173.0607 acre Allentowne Mall,LP tract and said south
right-of-way line of Shelby Drive,a distance of 25.18 feet to the POINT OF BEGINNING,said 25-foot Permanent
Utility Easement containing 0.064 acre(2,807 square feet)of land,more or less.
Also,a 50-foot wide Temporary Construction Easement being immediately adjacent to and parallel with the west line
of said 25-foot Permanent Utility Easement and containing 0.208 acre(9,045 square feet)of land,more or less.
Notes: Gary C.Hendricks,P.E.,R.P.L.S. ,OF...
1. Bearings and distances cited in this field Texas Registration No.5073 j P r,+s re •F;,9COS0
note description are based on the Texas Birkhoff,Hendricks&Carter,L.L.P i
State Plane Coordinate System,NAD-83, TBPLS Firm No. 100318-00 . GARY CLINTON HENDRICKS
Texas North Central Zone 4202. 11910 Greenville Ave.,Suite 600 � 5073 .,:`"•
Dallas,Texas 75243 ,4°9°F�sa+o?�'OQr�
2. Field survey concluded on July 02,2019. ,t%'•••-•.....••
Phone:214-361-7900 SBR��
3. An Easement Plat of even date herewith
accompanies this Field Note Description.
Oq 1014 totoi
J.CLERICAL\Allen'Q°Ia-IBR Sloan Creek Trunk Sewerlricld Nola it PI,,WLAllentnWo,Mall I P 12S UGiuy Ezssmcnr dmz Page 1 of 2
Resolution No. 3710-10-19(R), Page 11
11.11
1/2- I.R.F. REFERENCE BEARING EXHIBIT "A"
.`_ LEGEND FxxrsT Ro I% S3729'24'11/ - 1665.46'/ PAGE 2 OF 2
1I.R.F." IRON ROD FOUND /, �
7/ i
'R.O.W." RIGHT OF WAY S73'23'17�• / # ;
25.18' / �� 3 3" TXDOT WOOD
�'' R.d N / � MONUMENT FOUND
/ �� 0Ct 1#
SHELBY DRIVE- N1c36 B POINT OF m •
QUITCLAIMED LAIMED BY • BEGINNING REFERENCE BEARING
2 co
CITY OF ALLEN TO s62-46'45"w - 641.40'
c a ALLENTOWNE MALL, LP 52e23.17r
F i 89 35'
50' TEMPORARY N
o CONSTRUCTION EASEMENT Z w CrJ
w w 0.208 ACRES N28'23'177r • p IQ
c (9,045 S.F) 124.99' Z 3
e .4 C4 1.4,j N
o r 25' PERMANENT I m �,
U17L/TY EASEMENT Sib3447V• C h o ••
PZ 1 0.064 ACRES 3538' IN
(2,807 S.F.) i
EXIST. 30' NTTA
IQ ALLENTOWNE MALL LP DRAINAGE & UTILITY ESMT.
N f INST. NO. 20090116000052310 Cfc
(CALLED 173.0607 ACRES) J
INST. NO. 20060403000429310 5
D.R.C.C.T. �•
JONATHAN PHIWPS 1
SURVEY
ABSTRACT 719 '1,of k-. CITY OF ALLEN, TEXAS
Z AAQ•P G'STEq.,•9
NOTES: :�` * `�k. ALLENTOWNE MALL, LP
U 1. BEARINGS AND DISTANCES CITED IN IRS PUT
I DESCRIPTION ARE BASED ON THE TEXAS STATE • GARY CLINTON HENDRICKS •
ci PLANE COONO1NATE SYSTEM, NAD-83,TEXAS T1 : 25'PERMANENT UTILITY EASEMENT
NORTH CENTRAL ZONE 4202. 0 50 , 4 5073
Iiiieieliilp V•9•...;': $SAC?p•OQI BIRKHOFF,HENDRICKS&CARTER,L.L.P.
W 2. FIELD SURVEYS CONCLUDED ON 07/02/2019. �� ti�SUF �' TRI,f('SSIn'vnl r'Nc,.rF.2S September
vw 3. A FIELD NOTE OESCRIPflON OF EVEN DATE 1 INCH = 50 FEET �� ,. IRPE i imt tic, S36 1'RPC.S firm 1 o I};,311TY.1 2019
k HEREWITH ACCOMPANIES THIS MST. 119IG GrccmBlc Av Suitt 600 Dalla,le, 7.213( I4 361-79:y1