R-905-2-89RESOLUTION NO. 905-2-89 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS AUTHORIZING THE CITY MANAGER TO
EXECUTE EASEMENTS TO PROVIDE ACCESS FOR
MAINTENANCE AND REPAIR OF A 12 INCH WATER LINE
LOCATED ALONG THE NORTH SIDE OF FM 2170
(MCDERMOTT ROAD) WEST OF NEW ALMA ROAD; AN 8 INCH
SANITARY SEWER LINE LOCATED APPROXIMATELY 1400
FEET WEST OF THE FM 2170 HIGHWAY CROSSING OVER
ROWLETT CREEK; AND A DRAINAGE FLUME BETWEEN LOTS
11 AND 12 IN THE ROWLETT ESTATES SUBDIVISION.
WHEREAS, the City of Allen desires to promote the orderly
development of the City; and,
WHEREAS, water and sewer availability are necessary to serve
development; and,
WHEREAS, access is required to repair and maintain utilities; and,
WHEREAS, said utilities have been built in accordance with the City's
Water and Sanitary Sewer Master Plan,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 16TH DAY OF
FEBRUARY, 1989 that the City Manager is hereby authorized to execute the
appropriate easements providing the City the right to access maintenance and
repair of the water, sewer and drainage structures lying within the attached
easements contained herein as: Attachment 1, Attachment II, Attachment III,
Attachment IV and Attachment V.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS, ON THE 16th DAY OF February -11989.
APPROVED:
A44*4�
J Farmer, MAYOR
ATTEST : �-'
Marty Hendrix, CVC, CITY SECRETARY
E Attachment I 11917
r U `EASEMENT
f
l
f c0 STATE OF TEXAS §
C § KNOW ALL MEN BY THESE PRESENTS:
m
COUNTY OF COLLIN §
THAT WE, John T. Green, Joan Green Jeffrey, and Mike Byrn Green
("Grantors"), for and in consideration of the sum of TEN and NO/100 DOLLARS
($10.00), and other good and valuable consideration, to us in hand paid by
the City of Allen, Texas ("Grantee"), the receipt and sufficiency of which
is hereby acknowledged and confessed, have Granted, Sold and Conveyed, and
by these presents do hereby Grant, Sell and Convey unto Grantee, a
perpetual easement with the right to erect, construct, install and lay a
pipeline for the transportataion of water and for no other purpose and
thereafter use, operate, inspect, repair, maintain, replace and remove said
pipeline upon and across that certain tract of land (the "Property") more
particularly described in Exhibit "A", said easement (the "Easement") being
located and described on Exhibit "B" attached hereto and incorporated
herein by reference for all purposes.
This conveyance is expressly made and accepted subject to the
following terms, restrictions, conditions, covenants, and agreements:
1. The City is purchasing this property for the purpose of erecting
thereon a pipeline for its citizens to be served thereby, and it reserves
the right to make improvements on and to such system according to such
plans and specifications as will, in its opinion, best serve the public
purpose. The payment of the purchase price for the Property herein
conveyed shall be considered full compensation for same and for any
diminution in value that may result to remaining property by virtue of the
project proximity thereto, grade alignment, utility installation or the
alteration of drainage patterns and facilities and for any damages
resulting from the installation of said pipeline. This agreement, together
with the other provisions herein, shall constitute a covenant running with
the land for the benefit of the Grantee and Grantor, its successors and
assigns.
2. The pipeline shall be buried to a depth of at least 54 inches and
shall be buried to a greater depth if necessary to clear other utilities;
Easement - Page 1
�.• 3016 585
3. Grantor(s) reserve the right of ingress and egress over the
surface area of the Easement for vehicular and pedestrian traffic.
Grantor(s) shall further have the right to pave the surface of the Easement
with cement, asphalt or other roadway materials;
4. Subject to the applicable regulations of Grantee in effect at
such time, Grantor(s) shall have the right from time to time to connect
additional pipelines to the pipeline for the furnishing of water to any
future development of the Property by the Grantor(s) or its successors or
assigns;
5. Grantee shall indemnify and hold Grantor(s) harmless for any loss
or damage caused by Grantee's construction and maintenance of the
pipelines;
6. If Grantee fails to complete construction of the pipeline prior
to January 1, 1989, this conveyance shall be null and void and of no
further force and effect; and,
7. The Grantor(s) covenant that they are the owners of the
above-described tract of land. Should one or more of the Grantor(s) herein
be natural persons and not joined by the respective spouse, it is
conclusively presumed that the land herein conveyed is not the residence or
business homestead of such Grantor(s). Should one or more of the
Grantor(s) herein be a legal entity other than a natural person, it shall
be conclusively presumed that the person signing on behalf of such party
has been duly and legally authorized to so sign and there shall be no
necessity for a seal or attestation.
TO HAVE AND TO HOLD the Easement, together with all rights and
privileges herein granted unto Grantee, its successors, legal
representatives and assigns forever, for the purposes herein stated.
EXECUTED this day of ��`pT, U(k 198 .
TORS:
n T. Green
GRANTEE:
THE CITY OF ALLEN, TEXAS
By
qoan Ureen jerrre It
Mike Byrn Gre
Easement - Page 2
3016 586
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public, on this day personally
appeared JOHN T. GREEN, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
198 T.
P U ,
my—G9mmission Expires:
z
Notary Public, Stdte of Tex s
Printed or Typed Name of Notary:
DOROTHY VAUGHAN
COMMISSION EXPIRES 5/15igg
THC ' -STATE OF TEXAS §
COUNTY OF§
BEFORE ME, he undersigned, a Notary Public, on this day personally
appeared JOAN GREEN JEFFREY, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that she
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
� -
198,8
ry, 3X iy
NI'y&mmi Fstpx Expires:
y '"orf:'►„�.�.w `�
THE STATE OF COLORADO §
COUNTY OF §
No W y Public, State of Texas
day of
Printed or Typed Name of Notary:
BEFORE ME, the undersigned, a Notary Public, on this day personally
appeared MIKE BYRN GREEN, 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.
GIVEN UNDER
MY HAND AND SEAL OF OFFICE, this the day of
198.
+ �t,M3n'kA Expires.
F
Notark Public, State of Color o
Printed or Typed Name of Notary
5 0--� .2 CN,cO'E RdG5)?S
CRE E, P& _ o ler AA
Easement - Page 3
3016 587
THE STATE OF TEXAS §
COUNTY OF COLLIN §
This * t, ent as acknowledged b fore me on 2� 198
by �o,o // A D 7-v �r2 of the city o Allen,
in the capacity therein stated.
Nolyry Pu lic, Sta e of Texas
My Commission Expires:
Printed or Typed Name of Notary:
-I-jvbV %YnRjersot)
*� �*
JUDY MORRIS01'
Notary Public, $tatr n
SlQl[ �, tCi''S
Ny Commission fxoin;s , ,
Easement - Page 4
3016 588
EXHIBIT "P,"
Situated in Collin County, Texas in the James W. Parsons Survey
Abstract No. 704 and being a resurvey of a 151 acre tract as a,
described in a deed from John Willard Green and Leonard Malcolm
Green, Independent Co -Executors to John T. Green, et al, dated
May 9, 1977 and recorded in Volume 1050 Page 514 of the Collin
County Deed Records and being more fully described as follows:
BEGINNING at an iron pipe in the Northwest corner of the said
tract.
THENCE North 88 deg 36 min 22 sec East, along fence line 165.96
ft. to an iron pipe.
THENCE North 87 deg 45 min 15 sdc East, along and near a fence
line 1203.31 ft. to an iron pin.
THENCE South 1 deg 37 min 03 sec East, along and near a fence
line 443.35 ft. to an iron pin.
THENCE North 78 deg 53 min 39 sec East, 1291.32 ft. to an iron
pin in the center line of a dirt road.
THENCE South 0 deg 53 min 06 sec East, leaving the center line
of said road, 2420.05 ft. to an iron pin in the North right of
way line of F.M. Hwy. 2170.
THENCE in a westerly direction with the North right of way line
of said highway as follows:
NORTH 88 deg 58 min 23 sec West, 16.02 ft. to an iron pin by a
wooden marker.
SOUTH 45 deg 18 min 02 sec West, 42.65 ft. to a wooden marker.
SOUTH 89 deg 23 min 19 sec Southwest, 640.84 ft. to a wooden
marker.
SOUTH 88 deg 48 min 00 sec Southwest, 1995.30 ft. to an iron
pin.
THENCE North 00 deg 04 min 21 sec West, 2641.35 ft. to the
place of beginning and containing 152.809 acres of'land.
6009x
•� 3016 589
EXHIBIT "B"
BEING a tract of land situated in the JAMES W. PARSONS SURVEY,
ABSTRACT 704,- and being a part of that tract, of land conveyed
to John T. Green, Joan Green Jeffrey, and Mike Byrn Green, by
deed recorded in Volume 1050, Page 514 in the Deed Records of
Collin County, Texas and being more particularly described as
follows:
COMMENCING at the intersection of the West line ofisaid tract
and the North line of F.M. 2170 (100'ROW) as deeded to the
State of Texas in Volume 669 Page 229 of the said Deed Records,
a 1/2" iron rod found for corner;
THENCE N 00036'17" E, 10.00 feet along said West line to the
POINT OF,BEGINNING, a point for corner;
THENCE N 00036'17" E, 10.00 feet continuing along said West
line, to a point for corner;
THENCE parallel with and 20 feet North of the aforementioned
North line of F.M. 2170 the following calls;
N 89°15'17" E, 1995.49 feet
N 89°50'17" E, 660.09 feet to ;a point in a 30 foot by 30
foot corner clip of F.M. 2170;
THENCE S 44054'17" W, 14.16 feet along said corner clip to a
point for corner;
THENCE parallel with and 10 feet North of the North line at
F.M. 2170 the following calls;
S 89050'17" W, 650.01 feet, a point for corner;
S 89015'17" W, 1995.68 feet, to the POINT OF BEGINNING and
containing 26,506 square .feet or 0.609 acres of land.
8082x
Page 1 of 2
8
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2/70.
O
EXI-1 113 r ';5
10'.WA TER E4561146AIT
ALLEN) 60LIIAI COUNTy, TEXAS
JONES-& BOYD, INC.
' _ ' CONSULTING ENGINEERS
13520 Floyd Road, Suite 102
Dallas, Texas.75243
214-231-8715
UT 422
3'0'16.
ANY PROVISION HEREIN DISC RES RIOTS POISE TY
RENTAL OR USE OF THE
BECAUSE OF COLOR OR RACE IS IMALIO ANO UNEN�
FORCEABLE UNDER FEDERAL
mov OF COLI►Y
TEXAS
STATE Of bi r.1t;
rd f,e star..,
as st Mrd tt—
1 3. S9
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MAR
T Z1ci S G
M031.74
—
t.
�-E'TU P-0 To ,
CITY SECRETARY
City of Allen
1 Butler Circle
Allen, Texas 75002
J` 3016 592
�I Attachment II i 11918
10' WATERLINE EASEMENT
THE STATE OF TEXAS Z
Z KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COWN X
THAT Twin Creeks at Allen Venture
("Grantor"), for and in consideration of the sum of TEN and NO/100 DOLLARS
($10.00), and other good and valuable consideration, in hand paid by the City of
Allen, Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged
and confessed, have Granted, Sold and Conveyed, and by these presents do hereby
Grant, Sell and Convey unto Grantee, a perpetual easement with the right to erect,
construct, install and lay a pipeline for the transportation of water and for no other
purpose and thereafter use, operate, inspect, repair, maintain, replace and remove said
pipeline upon and across that certain tract of land (the "Property") more particularly
described in Exhibit "A", said easement (the "Easement") being located and described
on Exhibit "B" attached hereto and incorporated herein by referenced for all
purposes.
This conveyance is expressly made and accepted subject to the following terms,
restrictions, conditions, covenants, and agreements:
1. The City is purchasing this property for the purpose of erecting thereon
a pipeline for its citizens to be served thereby, and
it reserves the right to make
improvements on and to such system according to such plans and specifications as
will, in its opinion, best serve the public purpose.
The payment of the purchase
price for the Property herein conveyed shall be considered
full compensation for
same and for any diminution value that may result to
remaining property by virtue of
the project proximity thereto, grade alignment, utility
installation or the alteration of
drainage patterns and facilities and for any damages
resulting from the installation of
said pipeline. This agreement, together with the
other provisions herein, shall
constitute a covenant running with the land for the benefit of the Grantee and
Grantor, its successors and assigns.
2. The pipeline shall be buried to a depth of
at least 54 inches and shall be
buried to a greater depth if necessary to clear other utilities;
3016 593
Easement - Page 2
3. Grantor(s) reserve the right of ingress and egress over the surface area
of the Easement for vehicular and pedestrian traffic. Grantor(s) shall further have
the right to pave the surface of the Easement' with cement, asphalt or other roadway
materials;
4. Subject to the applicable regulations of Grantee in effect at such time,
Grantor(s) shall have the right from time to time to connect additional pipelines to
the pipeline for the furnishing of water to any future development of the Property by
Grantor(s) or its successors or assigns;
5. Grantee shall indemnify and hold Grantor(s) harmless for any loss or
damage caused by Grantee's construction and maintenance of the pipelines;
6. The Grantor(s) covenant that they are the owners of the above-described
tract of land. Should one or more
of the Grantor(s)
herein be natural persons and
not joined by the respective spouse,
it is conclusively
presumed that the
land herein
conveyed is not the residence or business
homestead
of such Grantor(s).
Should one
or more of the Grantor(s) herein be
a legal entity
other than a natural
person, it
shall be conclusively presumed that the person signing
on behalf of such
party has
been duly and legally authorized to so
sign and there
shall be no necessity
for a seal
or attestation.
TO HAVE AND TO HOLD the Easement, together with all rights and privileges
herein granted unto Grantee, its successors, legal representatives and assigns forever,
for the purposes herein stated.
EXECUTED THIS DAY OF , 1988.
GRANTORS: TWIN CREEKS AT ALLEN VENTU
BY: ,
Willard R. Baker
rrS: Managing Venturer
GRANTEE:
B1
ITS
THE CrrY OF ALLEN, TEXAS
3016 594
THE STATE OF TEXAS 3
C oo n-} y c�-- v—,�0\\ a -S §
BEFORE MV, the undersigned, a
l k� a a , - -, (, known 'to me to
foregoing instrument and acknowledged
purposes and consideration therein expressed.
Notary Public, on this day personally appeared
be the person whose name is subscribed to the
'to me that he executed the same for the
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
11988.
MARY D COLLINS
•: :;i COMMISSION EXPIRES
'r'; ........: +r. JdLV 5, 1991
. s r�ssm+...e.+•.
—� AID d
FS32XTOW
1111(�g d
ISSIU1fi�d000 ARlff.�...:...w. �� �.4111444d
THE STATE OF TEXAS
COUNTY OF COLLIN
:�� v) • .)
Notary Public S to of Texas
Printed or Typed Name of Notary:
b This instru nt s ac nowledged before me on a 198!9
y a
of the dity of Allen, in the capacity herein stated.
otptr nye,
* * JUDY MORISON
Notat&ofTa ry Public, Stab of iap
W Comminon Evina Oct.19,19N
OF�N ' ,Pub State of �Texas�����
My Commission Expires:
Printed or Typed Name of Notary:
3016 595
EXHIBIT "A"
FIELD NOTES
BEING a tract of land situated in the Jesse A. Gough Survey, Abstract No. 347, the
David M. Tucker Survey, Abstract No. 914, the James W. Parsons Survey, Abstract
No. 704, the Alfred Slack Survey, Abstract No. 854, the Isaac Herring Survey,
Abstract No. 381 and the Butler Survey, Abstract No. 47, Collin County, Texas and
being the same tracts as conveyed to Trustees of E-Systems, Inc., Pool Trust from
Gary Brower, Trustee as recorded in Volume 1016, Page 162 and also being all of a
tract of land as conveyed to Robert Bagwell, Trustee as recorded in Volume 866,
Page 680, and being a part of that land conveyed by Western Farms, Ltd., to Louis
Allis, Jr, by Warranty Deed dated March 5, 1968 and filed in Volume 706, Page 780
of the Collin County Deed Records and being more particularly described as follows:
BEGINNING at a found iron rod in the centerline of Rowlett Road; said iron rod
being the northeast corner of the James W. Parsons Survey, Abstract No. 704;
THENCE South 000 55' 16" East along the east line of said James W. Parsons Survey
and the west line of the Catherine Parsons Survey, Abstract No. 711, with the
centerline of a dirt road a distance of 2492.14 feet to an iron rod set for a corner;
THENCE South 010 48' 51" East continuing along the said east line of the James W.
Parsons Survey and the west line of the Catherine Parsons Survey and with the
centerline of a dirt road a distance of 334.70 feet to an iron rod set for a corner;
THENCE South 790 11' 31" West along the easterly north line of a tract of land
conveyed to John M. Greene, as recorded in Volume 33, Page 123, Deed Records of
Collin County, Texas, a distance of 1292.39 feet to an iron rod found for a corner;
THENCE North 010 32' 55" West along the most northerly east line of said Greene
tract a distance of 443.40 feet to an iron rod found for a corner;
THENCE South 870 56' 26" West along the westerly north line of said Greene tract a
distance of 1369.36 feet to an iron pipe found for a corner at the northeast corner
of the hereinabove mentioned Bagwell tract;
THENCE South 000 00' 45" West along the east line of the hereinabove mentioned
Bagwell tract a distance of 2640.87 feet to an iron rod found for a corner on the
north right-of-way line of FM Highway No. 2170 (a variable width R -O -W);
THENCE Westerly along the said north right-of-way line of FM Highway No. 2170 as
follows:
South 88153'38"
West 671.52 feet to a wood monument found for a corner;
North 890 10'04"
West 386.18 feet to a wood monument found for a corner;
North 850 22' 25"
West 300.61 feet to an iron rod set for a corner;
North 89104' 55"
West 1050.57 feet to.an iron rod set for a corner;
South 850 47' 00"
West 363.72 feet to an iron stake set for corner;
South 870 08' 00"
West 789.42 feet to an iron stake set for corner;
South 860 37' 00"
West 498.92 feet to an iron stake set for corner;
North 030 13' 15"
West 50.00 feet to an iron stake set for corner;
South 860 37'00"
West 500.00 feet to an iron stake set for corner;
South 600 25' 06"
West 111.25 feet to an iron stake set for corner;
South 860 37'00"
West 43.65 feet to an iron stake found for corner;
THENCE North 020 08'37" East 51.14 feet to an iron stake set for corner;
THENCE North 450 06'44" East 236.04 feet to an iron stake set for corner;
THENCE North 000 00'39" West 489.16 feet to an iron stake set for corner;
THENCE North 820 32'58" West 1779.22 feet to an iron rod found for corner;
THENCE North 020 36' 43" West along a fence 875.66 feet to an iron stake set for
a corner;
THENCE North 030 00' 44" West along a fence line 1462.93 feet to an iron stake
found for corner;
THENCE South 690 57' 26" West along a fence line 375.06 feet to an iron stake
found for corner;
3016 596
THENCE North 070 52'01 " West 308.97 feet to an iron stake set for corner;
THENCE North 200 10' 03" East 227.60 feet to an iron stake set for corner;
THENCE North 630 10' 08" West 95.36 feet to arl iron stake set for corner;
THENCE 070 34' 04" East 238.43 feet to an iron ptake set for corner;
THENCE 050 16' 53" East 348.09 feet to an iron stake set for corner;
THENCE North 040 25' 53" East 449.75 feet to a point in the centerline of a Branch
or Rowlett Creek an iron stake set for corner;
THENCE Easterly down the meandering of a Branch of Rowlett Creek as follows:
North 860 20' 59" East 52.03 feet to an iron stake set for corner;
North 750 02' 00" East 174.94 feet to an iron stake set for corner;
South 820 53' 00" East 366.91 feet to an iron stake set for corner;
North 580 31' 00" East 140.63 feet to an iron stake set for corner;
North 770 10' 00" 93.47 feet to a point in the centerline of West Rowlett
Creek, an iron stake set for corner;
THENCE Southeasterly down the meandering of West Rowlett Creek as follows:
South 390 07' 00"
East 249.24 feet to an iron stake set for corner;
South 710 57' 00"
East 257.26 feet to an iron stake set for corner;
South 571147' 00"
East 196.98 feet to an iron stake set for corner;
South 221127' 00"
East 326.85 feet to an iron stake set for corner;
South 44132'00"
East 180.44 feet to an iron stake set for corner;
South 690 38' 00"
East 314.69 feet to an iron stake set for corner;
South 410 44' 00"
East 143.97 feet to an iron stake set for corner;
South 340 24' 00"
East 534.97 feet to an iron stake set for corner;
South 830 30' 00"
East 217.27 feet to an iron stake set for corner;
South 550 46' 00"
East 231.98 feet to an iron stake set for corner;
South 030 47'00"
East 127.03 feet to an iron stake set for corner;
South 420 46' 00"
East 154.00 feet to an iron stake set for corner;
South 060 18' 00"
East 192.57 feet to an iron stake set for corner;
South 190 46' 00"
East 181.07 feet to an iron stake set for corner;
South 020 44' 00"
West 229.21 feet to an iron stake set for corner;
South 440 34' 00"
East 213.94 feet to an iron stake set for corner;
South 240 20' 00"
East 173.02 feet to an iron stake set for corner;
South 520 21' 00"
East 250.88 feet to an iron stake set for corner;
South 160 38' 00"
West 206.44 feet to an iron stake set for corner;
South 080 31' 00"
West 191.47 feet to an iron stake set for corner;
South 220 57' 00"
West 254.11 feet to an iron stake set for corner;
South 090 42' 00"
West 260.55 feet to an iron stake set for corner;
South 720 13' 00"
East 59.54 feet to an iron stake set for corner;
North 630 24' 00"
East 82.51 feet to an iron stake set for corner;
South 370 27' 00"
East 117.02 feet to an iron stake set for corner;
THENCE North 890 55' 24" East leaving Rowlett Creek 41.84 feet to an iron stake
set for a corner in the centerline of Rowlett Creek;
THENCE along the meanders of Rowlett Creek as follows:
North 020 31' 09"
East
53.54 feet;
North 750 59' 13"
East
154.86 feet;
North 390 28' 31"
East
56.51 feet;
North 120 43' 18"
East
100.38 feet;
North 190 36' 22"
West
462.78 feet;
North 040 49'30"
East
67.86 feet;
North 640 10'23"
East
177.52 feet;
North 400 42'27"
East
83.36 feet;
North 220 06'37"
East
285.42 feet;
North 090 13' 14"
East
221.55 feet;
North 260 55' 31"
East
453.54 feet;
North 020 05' 59"
East
96.12 feet;
North 010 16'13"
West
152.75 feet;
North 130 56'31 "
West
218.44 feet;
North 070 09' 05"
East
89.69 feet;
North 360 27' 13"
East
180.02 feet;
North 160 02'59"
West
149.74 feet;
3016 597
North 180 45' 18"
East
100.74 feet;
North 500 43'04"
East
275.91 feet;
North 020 37' 15"
East
199.77 feet;
North 470 06' 19"
East
145.96 feet;
North 000 12'27"
West
268.75 feet;
North 240 29' 13"
East
56.74 feet;
North 620 20'36"
Easf
129.52 feet;
THENCE North 01° 20' 44" East along the easterly line of a tract of land as
conveyed to Florence Spradley as recorded in Volume 302, Page 221, Deed Records of
Collin County Texas, a distance of 845.76 feet to an iron rod found for a corner in
the centerline of Rowlett Road;
THENCE North 890 33' 58" East along the centerline of Rowlett Road a distance of
979.86 feet to a nail found in a cross cut in the center of a concrete bridge;
THENCE North 880 53' 03" East along the centerline of Rowlett Road a distance of
1161.17 feet to an iron rod found for a corner in the centerline of a dirt road
running northerly;
THENCE South 891 59' 55" East along the centerline of Rowlett Road a distance of
2672.00 feet to the POINT OF BEGINNING and CONTAINING 32,453,741 square feet
or 745.0354 acres of land.
30 16 598
EXHIBIT "B"
10' WATERUNE EASEMENT
FI(LD NOTES
BEING a tract of land situated in the Butler Survey, Abstract No. 47, the Alfred
Slack Survey, Abstract No. 854, and the Jessee A. Gough Survey, Abstract No. 347, of
Collin County, Texas and furthermore being a 10' strip of property crossing a 745.0354
acre tract as surveyed by Registered Public Surveyor Danny E. bsteen on February 4,
1985, and more particularly described as follows:
COMMENCING at the most southerly southeast corner of said 745.0354
acre tract, said
point also being in the
north right-of-way line of FM Highway No.
2170 (a variable
ri g ht -of -way);
THENCE North 000 00'
45" East, with the east line of said 745.0354 acre tract a
distance of 10.00 feet
to a point for corner, said point also being
the POINT OF
BEGINNING;
THENCE South 880 53'
38" West, leaving said east line of the 745.0354 acre tract a
distance of 671.55 feet to point;
THENCE North 890 10' 04"
West, a distance of 385.68 feet to a point;
THENCE North 820 06'45"
West, a distance of 201.44 feet to a point;
THENCE North 890 04'55"
West, a distance of 1151.59 feet to a point;
THENCE South 850 47' 00"
West, a distance of 90.28 feet to a point;
THENCE South 840 44' 16"
West, a distance of 274.04 feet to a point;
THENCE South 870 08' 00"
West, a distance of 789.35 feet to a point;
THENCE South 86137' 00"
West, a distance of 488.94 feet to a point;
THENCE North 030 13' 15"
West, a distance of 50.00 feet to a point;
THENCE South 860 37' 00"
West, a distance of 512.36 feet to a point;
THENCE South 60125' 06"
West, a distance of 99.47 feet to a point;
THENCE South 030 23'
00" East, a distance of 11.14 feet to a point
for corner, said
point also being the north right-of-way line of FM Highway 2170 (a
variable right-of-
way);
THENCE South 601 25'
06" West, with said north line a distance of
9.18 feet to a
point for corner;
THENCE South 860 37'
00" West, with said north line, a distance of
1.76 feet to a
point for corner;
THENCE North 030 23'
00" West, leaving said north line, a distance of
10.00 feet to a
point for corner;
THENCE South 860 37'
00" West, a distance of 40.92 feet, to a point
for corner, said
point being in the west line
of the 375.0354 acre tract;
THENCE North 020 08'
37" East, with said west line a distance of
10.05 feet to a
point for corner;
THENCE North 860 37'
00" East, leaving said west line, a distance of
37.06 feet to a
point;
THENCE North 600 25' 06"
East, a distance of 111.25 feet to a point;
THENCE North 860 37'00"
East, a distance of 524.71 feet to a point;
THENCE South 030 13' 15"
East, a distance of 50.00 feet to a point;
THENCE North 860 37' 00" East, a distance of 478.95 feet to a point;
THENCE North 870 08' 00" East, a distance of 789.27 feet to a point;
THENCE North 84144' 16" East, a distance of 273.20 feet to a point;
THENCE North 850 47'00" East, a distance of 91.62 feet to a point;
3016 599
THENCE South 89104'55" East, a distance of 1151.82 feet to a point;
THENCE South 820 07'31 " East, a distance of 201.80 feet to a point;
THENCE South 891 10'04" East, a distance of 385.18 feet to a point;
THENCE North 880 53' 38" East, a distance of 671.57 feet to a point for corner, said
point also being within the east line of said 375.0354 acre tract;
THENCE South 000 00' 45" West, with said east line, a distance of 10.00 feet to
POINT OF BEGINNING and CONTAINING 1.0965 ACRES OR 47,763 square feet of
land.
S..89004'55°E_ 1151.821
rN.89004 55W. 1151.59
N
ui
745.0354 Ac. Tract
F. Me 2170
( Variable R.O.W. )
Point of Commencing
0 g 61 •
N- 02
O
S.030 2300" E. 11.14
S.6002.5'06 W. .18
SIB 37'00" W. 1.76
S.86037�00°W. N.0302300001W. 10.00
40.92'
vMN.86*37'06E. N•87°08�OO��E. 789.27
N.03013!15.I I 478.95
3
in
�o
go
o0
•V
t ofnning0,45°E.0
Scale: 1"=40'
-W
Z
COLLIN COUNTY.. TEXAS
DATE = 4128188, JOB # 743-0100-07
L ich l i ter / Jameson A Assoc. , Inc.
1420 W. Mockingbird Ln.,Suile 300, Dallas, Tx.
3016
6 0 1
ANY PROVISIO'l "WEIN WHICH RESTMTS THE Sl'ki E.
RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNEW
FORMABLE UNDER FEDERAL LAW.
P, g -r L) P- Ij To;
CITY SECRETARY
City of Allen
I Butler Circle
Allen, Texas 15002
STATE OF TEXAS COUNTY OF COMIN
,.eon by me zid
t' ti]mpe t_ AS
r:!:j 01 , -, ., "e r,::�- rr.o.
vol!j-- -d
(a:
duly reC07d.d r.—
ex -
MAR 1 3. 89
P, g -r L) P- Ij To;
CITY SECRETARY
City of Allen
I Butler Circle
Allen, Texas 15002
Attachment III 11919
10' WATERLINE-EASEMENT—
i
THE STATE OF TEXAS Z
Z KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN Z
THAT Allen Oaks Partnership
("Grantor"), for and in consideration of the sum of TEN and NO/100 DOLLARS
($10.00), and other good and valuable consideration, in hand paid by the City of
Allen, Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged
and confessed, have Granted, Sold and Conveyed, and by these presents do hereby
Grant, Sell and Convey unto Grantee, a perpetual easement with the right to erect,
construct, install and lay a pipeline for the transportation of water and for no other
purpose and thereafter use, operate, inspect, repair, maintain, replace and remove said
pipeline upon and across that certain tract of land (the "Property") more particularly
described in Exhibit "A", said easement (the "Easement") being located and described
on Exhibit "B" attached hereto and incorporated herein by referenced for all
purposes.
This conveyance is expressly made and accepted subject to the following terms,
restrictions, conditions, covenants, and agreements:
1. The City is purchasing this property for the purpose of erecting thereon
a pipeline fori its citizens . to be served thereby, and it reserves the right to make
improvements on and to such system according to such plans and specifications as
will, in its opinion, best serve the public purpose. The payment of the purchase
price for the Property herein conveyed shall be considered full compensation for
same and
for any diminution
value
that may result to
remaining
property
by virtue
of
the project
proximity thereto,
grade
alignment, utility
installation
or the
alteration
of
drainage patterns and
facilities and
for any damages resulting from the
installation of
said pipeline. This
agreement,
together with the other provisions
herein, shall
constitute a covenant
running with
the land for the benefit of the
Grantee and
Grantor, its successors and assigns.
2. The pipeline shall be buried to a depth of at least 54 inches and shall be
buried to a greater d(Jpth if necessary to clear other utilities;
3016 603
Easement - Page 2
3. Grantor(s) reserve the right of ingress and egress over the surface area
of the Easement for vehicular and pedestrian traffic. Grantor(s) shall further have
the right to pave the surface of the Easement with cement, asphalt or other roadway
materials;
4. Subject to the applicable regulations of Grantee in effect at such time,
Grantor(s) shall have the right from time to time to connect additional pipelines to
the pipeline for the furnishing of water to any future development of the Property by
Grantor(s) or its successors or assigns;
5. Grantee shall indemnify and hold Grantor(s) harmless for any loss or
damage caused by Grantee's construction and maintenance of the pipelines;
6. The Grantor(s) covenant that they are the owners of the above-described
tract of land. Should one or more of the Grantor(s) herein be natural persons and
not joined by the respective spouse, it is conclusively presumed that the land herein
conveyed is not the residence or business homestead of such Grantor(s). Should one
or more of the Grantor(s) herein be a legal entity other than a natural person, it
shall be conclusively presumed that the person signing on behalf of such party has
been duly and legally authorized to so sign and there shall be no necessity for a seal
or attestation.
TO HAVE
AND TO HOLD
the Easement, together with all
rights
and privileges
herein granted
unto Grantee, its
successors, legal representatives
and
assigns forever,
for the purposes herein stated.
EXECUTED THIS DAY Ok , 1988.
GRANTORS:
BY:
GRANTEE:
B`
ITS
THE CITY OF ALLEN, TEXAS
3016 604
THE STATE OF TEXAS i
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
David Whi-�enant , 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. µ
GIVEN UNDER MY HAND AND
September ,1988.
My Commission Expires:
4/22/91
THE STATE OF TEXAS
COUNTY OF COLLIN §
I
SEAL OF OFFICE, this the 12th day of
Notary Public, State of Texas •==-�
�� ��\�
Printed or Typed Name of Notary:
1
i
This instru ent was acknowledged before me on a 19oce
.,
by ,Z44cz
of the/City of Allen, in the capes ' y therein stated.
o�"Ov peel
el
JUDY MOIaRISDN ,
>v_V� �ry Public, State of ran
s, 5 NN Commission Expires Oct. 19, 19"
orf
OF Commission
tary Nublic, State of Texas
My Commission Expires:
>f
r
Printed or Typed Name of Notary:
30 16 605
EXHIBIT "A"
FIELD NOTES
SITUATED in Collin County, Texas in the Jessee Gough Survey, Abstract No. 347 and
the Daniel Yeaman Survey, Abstract No. 1041, and being a resurvey of a tract of
land which is a part of a called 314.46 acre tract of land described in a deed from
Western Farms, Ltd. to Louis Allis Jr. as recorded in Volume 706, Page 780 of the
Collin County Deed Records, Tract 1 being a resurvey of a called 32.997 acre tract
of land described in a deed recorded in Volume 1664, Page 331 of said deed records,
and being more particularly described as follows:
BEGINNING at a 1/2" iron rod found at the southwest corner of the said called
32.997 acre tract, said point being in the north line of FM Highway No. 2170 (100'
R -O -W);
THENCE North 02°; 24' 22" West, 962.77 feet along the general line of a fence on the
west line of the said called 32.997 acre tract to a 1/2" iron rod found at the
northwest corner thereof, said point being themost westerly southwest corner of a
called 253.1824 acre tract of land described in a deed recorded in Volume 2058, Page
871 of said deed records;
THENCE South 821 25' 19" East, 1779.22 feet along a south line of the said called
253.1824 acre tract and the north line of the said called 32.997 acre tract to a 1/2"
iron rod set at the northeast corner thereof;
THENCE South
000 14' 32" East,
489.16 feet, South 461 09' 49" West, 232.83
feet and
South 010 38'
24" West, 51.34
feet along the west line of the said called
253.1824
acre tract and
the east line of
the said called 32.997 acre tract to a 1/2"
iron rod
found at the
southeast corner
thereof, said point being in the north line
of FM
Highway No. 2170;
THENCE along the north line of FM Highway No. 2170 and the south line of the said
called 32.997 acre tract as follows:
South 860 37'00" West, 26.49 feet to a wood highway monument;
South 030 23' 00" East, 5.00 feet to a 1/2" iron rod set;
South 860 37' 00" West, 85.00 feet to a 1/2" iron rod set;
North 030i23' 00" West, 5.00 feet to a wood highway monument;
South 860 37'00" West, 126.55 feet to a 1/2" iron rod set; and
South 890 30' 00" West, 1318.34 feet to the place of BEGINNING and
CONTAINING 32.8988 acres or 1,433,074 square feet of land.
3016 606
EXHIBIT "B"
10' WATERLINE EASEMENT
FIELD NOTES
BEING a tract of land situated in the Jesse Gough Survey, Abstract No. 347, and
the Daniel Yeaman Survey, Abstract No. 1041, of Collin County, Texas, and
furthermore being a 10' strip of property lying north and generally parallel of the
south line of a 32.8988 acre tract as surveyed by Registered Public Surveyor Robert
W. Cummings on June 23, 1987, and more particularly described as follows:
COMMENCING at the southeast corner of said 32.8988 acre tract, said point also
being in the north right-of-way of FM Highway No. 2170;
THENCE North 010 38' 24" East, leaving said north right-of-way line, and along the
east property line of said 32.8988 acre tract a distance of 10.04 feet to the POINT
OF BEGINNING;
THENCE South 860 37' 00" West, leaving said east property line, a distance of 238.67
feet to a point;
THENCE SoutA90 30' 00" West, a distance of 62.87 feet to a point for corner;
THENCE South 000 30' 00" East, a distance of 10.00 feet to a point for corner, said
point being on the north right-of-way line of FM Highway No. 2170, and south
property line if said 32.8988 acre tract;
THENCE South 890 30' 00" West, with the said north right-of-way line, and south
property line, a distance of 10.00 feet to a point for corner;
THENCE North 000 30' 00" West, leaving said north right-of-way line and south
property line, a distance of 10.00 feet to a point for corner;
i
THENCE South 89° 30'00" West, a distance of 396.58 feet to a point for corner;
THENCE North 000 30' 00" West a distance of 10.00 feet to a point for corner;
THENCE North 890 30' 00" East a distance of 469.20 feet to a point;
THENCE North 860 37' 00" East a distance of 239.29 feet to a point for corner, said
point being on the est line of the 32.8988 acre tract;
THENCE South 010 38' 24" West, with said east property line, a distance of 10.04
feet to the POINT OF BEGINNING and CONTAINING 0.1649 acres or 7183 square
feet.
N. 890 30100" E.
I S. 8930' 00" W. 396.
.. "-- ..
N. 00° 30' 00" W:
10.00
32.8988 Ac. Tract
469.201
62.8'
M� ..
S. 00° 30' 00°E. 10.00
S.89' 3d 0d, W. 10.00
F. M. 2170
(100' R.O.W. )
Id Waterline Easement
N. 860 3700011 E.
Scale: I"=40'
.239.29
Qj
S. 86° 37 OOWW 238.67 ..
Point of Commencing
N
roo Point of
o.oBeginning
�rN-01-38'24!'E-
10.04'
EXHIBIT "B"
10' Waterline Easement
COLLIN COUNTY, TEXAS
DATE r 4/28/88 , JOB %* 743-0100-07
Lichliter/Jameson & Assoc., Inc.
1420 W. Mockingbird Ln.,Suite 300, Dallas, Tx.
w
a
M
3016 608
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,
RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
MCAUSE OF COLOR OR RACE IS INVALID AND UNEN-
FORCEABLE ONDER FEDERAL LAW.
CD
CIL Cu"Llv.
Ttk",
J
K 4 a
iwl r -
dLf,l
9
9
MAR
0!",
CITY SECRETARY
City of Allen
1 Butler Circle
Allen, Texas 15002
` 3016 609
11920
Attachment V
10' SURFACE DRAINAGE EASEMENT
THE STATE OF TEXAS Z
Z KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN Z
THAT
FM
2170
LIMriED PARTNERSHIP
and sufficiency of which is
hereby
("Grantor"),
for
and
in consideration of the sum of TEN and NO/100 DOLLARS
($10.00), and other good and valuable consideration, in hand
paid by
the City of Allen,
Texas ("Grantee"), the receipt
and sufficiency of which is
hereby
acknowledged and
confessed, have Granted, Sold
and Conveyed, and by these
presents
do hereby Grant,
Sell and Convey unto Grantee,
a perpetual easement with the right
to convey surface
drainage and for no other
purpose and thereafter use,
operate, inspect, repair,
maintain, replace and remove said drainage upon and across that certain tract of land
(the
"Property")
more particularly
described
as
Lot 12 Block
1 of
Rowlette
Estates as
filed
for record
in Volume G
Page 474
plat
records of
Collin
County,
Texas, said
easement (the "Easement") being located and described on Exhibit "A" attached hereto
and incorporated herein by referenced for all purposes.
This conveyance is expressly made and accepted subject to the following terms,
restrictions, conditions, covenants, and agreements:
1. Grantee shall indemnify and hold Grantor(s) harmless for any loss or
damage caused by Grantee's construction and maintenance of the easement;
2.
The
Grantor(s) covenant that
they
are the
owners
of
the above-described
tract of
land.
Should one or more of
the
Grantor(s)
herein
be
natural persons and
not joined
by the respective
spouse, it is
conclusively
presumed that the
land herein
conveyed is
not the residence
or business
homestead
of such Grantor(s).
Should one
or more of the Grantor(s) herein be a legal entity other than a natural person, it
shall be conclusively presumed that the person signing on behalf of such party has.
been duly and legally authorized to so sign and there shall be no necessity for a seal
or attestation.
TO HAVE AND TO HOLD the Easement, together with all rights and privileges
herein granted unto Grantee, its successors, legal representatives and assigns forever,
for the purposes herein stated.
V7 , f
3016 610
EXECUTED THIS / DAY OF '7Dete,11P6Cr , 1988.
GRANTORS: FM 2170 LIMITED PARTNERSHIP
G
B G
BERT . POP
ITS:
GRANTEE:
BY;
ITS:
THE STATE OF TEXAS
COUNTY OF
GENERAL PARTNER
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
21 06,* L,u , Pro11p _ , 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
1988.
Cm(v-&L b -
My Commission Expires: Notary Public, OfateZf Texas
I
() t. 1.
Vy Corr m F -- +
,
k .- -Mrmbw .. — _ C
THE STATE OF TEXAS
$
COUNTY OF COWN
Printed or Typed Name of Notary:
This instr ent as acknowledged before me on_ a7 19>
by (_ d
of th City of Allen, in the capaci therein stated.
My Commission Expires:
ro1,,RY pq
* * JUDY MORRISON
NOUN Public State of Tops
s, 5 MY Commission Expiros Oct. t9, 1989
�rE
Fit
otary P lic, State of Texas
Printed or Typed Name of Notary:
3016 611
EXHIBIT 'A'
10' SURFACE DRAINAGE EASEMENT
FIELD NOTES
BEING a 10' wide Surface Drainage Easement in Lot 12, Rowlett Estates, an
addition to the City of Allen, Collin County, Texas, according to the plat thereof
recorded in Volume G, Page 474, Plat Records of Collin County, Texas, said 10'
wide Surface Drainage Easement being more particularly described as:
COMMENCING at a 1/2" iron rod set on the Northwesterly right-of-way line of
Wooded Lane (a 50' radius Cul-de-sac at this point) as the most southerly
common corner of Lots 11 and 12 of said Rowlett Estates;
THENCE, on an Easterly line of said Lot 12, on a curve to the left, the radius
point of which bears South 460 00' 03" East, 50.00 feet, through a central angle
of 140 40' 21" for an arc length of 12.80 feet to the POINT OF BEGINNING;
THENCE continuing on said curve to the left, through a central angle of 110 51'
28" for an arc length of 10.35 feet;
THENCE departing said Easterly line of Lot 12, 5.00 feet from and parallel with
the centerline of a concrete flume extended Westerly, North 810 06' 36" West,
44.78 feet to a point on the East line of a 15' Surface Drainage Easement as
indicated on the plat of the aforementioned Rowlett Estates;
THENCE on said East line as follows:
N 130 54'28" W, 6.82 feet;
N 110 52' 23" W, 3.97 feet;
THENCE departing said East line, 5.00 feet from and parallel with the extended
centerline of a concrete flume, South 81' 06' 36" East, 51.42 feet to the POINT
OF BEGINNING and CONTAINING a calculated area of 480 square feet of land or
0.0110 acre.
fau I
L 785.421 - ..
• ' 4 �.-
,...�,..+ 3 53 - 2 t360
.. N
~ ->< Jar 20 Elect, Londscope 6 pedestrian Access Dedication 6�
416.48
\of y'j1 �a •
0%9 15
77
! re Exist. Drainage Esmt. s
G '
7 3 4 _� a 5S�
^� Vol. 667 , pg _ 59 9.1 347
Ds11o060
4 —:.G3°22S7 57"E. 17"�
H 76' �// i7"W. • tl1
70.00 - _ / s 76� S�
346
` J44 345 .�--�
•'4.1 5�` 7" 34371 d �:
i 0/
\ �5/7c•15�Elect. &Utility
2
�0Esmt-
>>° 1.70 Ac
S' 3 4;
3tijq `•
341
1T • ry '� �y
\ ��� l I p 1. 0 •��
� 1 �
?9 _339 r V
0 \
1.32 As
6 3.3 2 1 \
N
\ 0R+ lGt oo . 7
�y� p g •� '�r/?.i0 � ti lig
0
RQ.B. 5O a .
a d' //05
Al &a +,96 "W -- 44. 76 — U-�—a o I h � /�' sa / , N. 84
°
o . la
19J.
n
W •� N I �N %
O N IN
D, OI O �S
lT � IN .•E' 2S. ,
0- pb + �
�0O
4,/ A 00.
%9-
&61. ,d
945 •40
Ld�eZS -OA
6 o
2 .0 de N 6 89'15
5
? e 103 8
Y' S si 1�•�c ?,6
1�
76 30
--� 5 w a Z
1. .J •r V
1 o %n• N
r a 60
.•— ro O
"'- E
u /
EXHIBIT "A"
10' Surface Drainage Easement
ROWLETT ESTATES
Allen . Texas
)ATE: 11/29/88 ___ JOB t 743-0100-07
30 16 6 13
�i
ANY PRp,lS1oj
RENT NERE1N
E� ^,
� OR USE pc �NtCN RE
Fir �USf" pF ; O(n �T EtOESCRIBEO R ATS PROPER
ER7i
i5 iJy11 pRpPERMFN
STATE OF TEXAS Oo7t;TY 0" COWN
Nom.' --0'd r"C-1 by to " C_S
ul d3
MAR 1 3. 89
cou.mr MLtix Wli C:jaV. T=
ry R eA L. R h -� D:
CITY SECRETARY
City of Allen
1 Cutler Circle
Allen, Texas 75002
2 %'
r •-
ry R eA L. R h -� D:
CITY SECRETARY
City of Allen
1 Cutler Circle
Allen, Texas 75002