R-390-5-82RESOLUTION NO. 390-5-82(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ACCEPTING AN ASSIGNMENT OF
EASEMENTS AND ALL IMPROVEMENTS LOCATED WITHIN SAID
EASEMENTS FROM ALLEN MANAGEMENT CORPORATION PURSUANT
TO AND IN ACCORDANCE WITH A FACILITIES AGREEMENT BETWEEN
THE CITY OF ALLEN AND ALLEN MANAGEMENT CORPORATION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ALLEN, TEXAS, THAT:
Section 1. The City of Allen does hereby accept an
Assignment from Allen Management Corporation
of certain easements and all improvements
located within said easement, a copy of said
Assignment being attached hereto and incor-
porated herein for all purposes, pursuant to
and in accordance with a Facilities Agreement
dated March 10, 1980 between the City of Allen
and Allen Management Corporation. The City
Manager is authorized and directed to execute
the Assignment on behalf of the City and to
file same in the Deed Records of Collin County,
Texas.
DULY PASSED AND APPROVED BY THE ALLEN CITY COUNCIL ON THIS
THE 6th
DAY OF May , 1982.
M. B. Pie son, MAYOR
ATTEST:
Marty/Hendrixt CITY SECRETAR
11
ASSIGNMENT
STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
That on March 10, 1980 the undersigned, ALLEN
MANAGEMENT CORPORATION ("Assignor") and the CITY OF ALLEN,
TEXAS ("Assignee") entered into a Sanitary Sewer Line Con-
struction Contract and Pro -Rata Refunding Agreement (the
"Contract") which has been recorded in Volume 1269, Page 44
of Land Records of Collin County, Texas;
That the Contract provides for the construction by
Assignor of a sanitary sewer system more particularly
described therein (the "System" or the "Project") to serve
certain property located within Assignee's exclusive extra-
territorial jurisdiction;
That the Contract provides that upon completion of
the Project and the certification by the engineers for the
Project (the "Engineers"), in accordance with paragraph 1.09
of the Contract, of the total cost of the Project and the
Base Cost per acre and Incremental Cost per acre of the
Project (as defined in the Contract), Assignor will convey
the System to Assignee, together all of Assignor's right,
title and interest in the easements pertaining to the
System, and Assignee will assume full responsibility for the
operation and maintenance of the System; and
That the construction of the Project has been com-
pleted, the Engineers have certified such completion in
accordance with paragraph 1.08 of the Contract, the certifi-
cations provided for in paragraph 1.09 of the Contract have
been made and the City has approved and accepted the Project
in accordance with the provisions of the Contract.
NOW, THEREFORE: -
1.- Assignor does hereby assign, transfer and
deliver to Assignee, free and clear of any and all liens and
in
0
encumbrances, the System, including all sewer mains, sewer
lines, force mains, lift stations, pump stations and other
improvements and appurtenances comprising a part thereof and
constructed pursuant to the Contract.
2. Assignor hereby transfers and assigns to
Assignee all of its right, title and interest in and to any
and all easements heretofore obtained by Assignor for the
construction, installation and maintenance of the System,
including but not limited to, the easements described in
Exhibit A attached hereto and made a part hereof.
3. Assignee does hereby confirm its acceptance of
the System and does hereby assume full responsibility for
the operation and maintenance thereof.
EXECUTED this 6._ day of MWW, 1982.
May
STATE OF TEXAS )
COUNTY OF QPbL-IN )
This instrumt was
�h .. , 1982 by
Of ALLEN MANAGEMENT CORPORA
behalf of said corporation.
My Commission Expires:
`-)--3i-84
STATE OF TEXAS )
COUNTY OF COLLIN )
ALLEN MANAGEMENT CORPORATION
CITY OF ALLEN,
By
Jon cCarty
City anager
ack dged before me/� on
TION, A Tex s-corporat on, on
Notary Public i d for
Callin County, Texas
May This instrument was acknowledged before me on
MaE&K6 , 1982 by Jon McCarty City Manager
of the CITY OF ALLEN, TEXAS, a unicipal corporation, on
behalf of said municipal corpo tion.
Notary P l c in a or.
My Commission Expires: Collin County, Texas
3/15/85
2
EXHIBIT A
1. Easement to Assignor from William E. Campbell,
Jr. - Allen Limited Partnership dated April 3, 1980
recorded in Volume 1285, Page 571, Deed Records of
Collin County, Texas.
2. Easement to Assignor from William E. Campbell,
Jr. - Allen Limited Partnership dated April 3, 1980
recorded in Volume 1285, Page 575, Deed Records of
Collin Coiunty, Texas.
3. Easement to Assignor from H. Molsen & Co. dated
April 3, 1980 recorded in Volume 1285, Page 588, Deed
Records of Collin County, Texas.
4. Easement to Assignor -from H. Molsen & Co. dated
April 3, 1980 recorded in Volume 1285, Page 592, Deed
Records of Collin County, Texas.
5. Easement from Rowlett Creek Company to Assignor dated
April 3, 1980 recorded in Volume 1285, Page 579, Deed
Records of Collin County, Texas.
6. Easement to Assignor from Sears Roebuck & Company
dated May 5, 1980 recorded in Volume 1285, Page 583,
Deed Records of Collin County, Texas.
7. Easement to Assignor from C. E. Stewart dated
June 12, 1980 recorded in Volume 1285, Page 617, Deed
Records of Collin County, Texas.
8. Easement to Assignor from C. J. Thomsen dated
April 23, 1980 recorded in Volume 1285, Page 597,
Deed Records of Collin County, Texas.
9. Easement to Assignor from C. J. Thomsen dated
April 23, 1980 recorded in Volume 1299, Page 204,
Deed Records of Collin County, Texas.