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HomeMy WebLinkAboutResolution No. 07-094 CITY OF THE COLONY, TEXAS RESOLUTION NO. 07-094 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE EXERCISE OF AN OPTION AND AUTHORIZE THE ACQUISITION OF SIX WATER LINE EASEMENTS PURSUANT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE BILLINGSLEY COMPANY, AFFILIATES, AND THE CITY OF THE COLONY, TEXAS; AS SET FOURTH IN EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves the acquisition of six water line easements pursuant to a developer agreement by and between the Billingsley Company, Affiliates, and the City of The Colony, Texas. Section 2. That the city manager is authorized to make such acquisition in the amount of $1,114,844.00, plus a cost for architecture/engineering/surveying of $26,605.18. Section 3. That a true and correct copy of the related easement documents are attached hereto and incorporated herein, as Exhibit A. Section 4. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of Texas, this 5th day of November. 2007. A(!l 1 j /' ~~ i;j~7 Christie Wilson, TRMC, City Secretary CITY OF THE COLONY 20' UTILITY EASEMENT . THE STATE OF TEXAS COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS THAT Crow/Billine:sley-Manderian. Ltd. Exchane:e Trust. a Texas corporation, hereinafter called "Grantor", for in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF THE COLONY, TEXAS, hereinafter individually and collectively called "Grantee", the easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A" , which is attached hereto and incorporated herein by reference as if fully set forth herein (the "Basement Area") for the purpose of construction, reconstruction, maintenance, repairs and replacement of utilities (the "Facilities") within the easement granted, all as required by the City of The Colony, Texas. The easement granted hereby and the Facilities shall be for public USe and shall be dedicated to and thereafter maintained by the City of The Colony, Texas. TO HA VE AND TO HOLD the same perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said premises, or any part thereof, for the purpose of construction, reconstruction, maintaining, repairing and replacing said Facilities, and all incidental improvements. Grantee shall have the right to construct, reconstruct and perpetually maintain, repair and replace, additional Facilities at all times in the future, within the above described boundaries. This Easement may be assigned in whole or in part. Page 1 of 2 SJ...e.cL~ I ~ 3 P~e. -a 0+ 44 ~tJc.Jf.. 3A Po..r- I e.f. 4 WITNESS my hand this the day of ,2007. Crow/Billingsley-Manderian, Ltd. Exchange Trust By: Title: SWORN TO and SUBSCRIBED before me on this _ day of ,2007. Notary Public in and for the State of Texas Printed Name My commission expires on Page 2 of 2 S'dted.u{, 2 P~e 4- of 4-4 S~le '34 p~~ Z "f ~ EXHIBIT "A" 20' UTILITY EASEMENT CROWIBILLINGSLEY-MANDERIAN LTD. EXCHANGE TRUST A 20' wide tract or parcel of land situated in the Thomas A. West Survey, Abstract No. 1344, in the City of The Colony, Denton County, Texas, being part of the called 160.7453 acres tract described in the deed to Crow/Billingsley-Manderian, Ltd. Exchange Trust recorded in Volume 1337 Page 291, and being more particularly described as follows: COMMENCING the most easterly northeast comer of the called 81.7201 acres tract described in the deed to Lonzar Delaware, Inc. recorded in Docwnent No. 2000-105377 in Volume 4707 Page 868 in the Denton County Deed Records (DCDR), being on the west right-of-way line of Piano Parkway (100' wide right-of-way); THENCE South 89020'04" West 1032.29 feet along the north side of said 81.7201 acres tract to a set 1/2 inch iron rod with C&P cap for the POINT OF BEGINNING; THENCE South 89020'04" West, 20.00 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 00039'56" West, 56.86 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 34011'53" East, 186.86 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 06053'18" East, 216.07 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 17036'43" East, 248.48 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 09009'03" East, 347.37 feet to a set 1/2 inch iron rod with C&P cap; THENCE Easterly an arc distance of 20.07 feet along the south line of Piano Parkway and along a non-tangent curve to the right with a radius of 1030.00 feet, a central angle of 01040'31 ", the chord of which bears South 75046'57" East 20.07 feet, to a set 1/2 inch iron rod with C&P cap; THENCE South 09009'03" West, 347.18 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 17036'43" West, 248.09 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 06053'18" West, 219.05 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 34011'53" West, 185.44 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 00039'56" East, 50.58 feet to the POINT OF BEGINNING and CONTAINING 21,060 square feet ofland, more or less. s~~ '3 p~ 5" of 44 S~~ 3A p~ 3 '* 4 9/28/2007 Q:\cp\07028\ESMT-WEST POND-R1.doc Page 1 of 2 &=1"40'31" R = 1030.00' ~ L = 20.07' CRD = S75'46'57"E 20.07' -- \~? TP&L ESMT (OL 2580 PG 486 .......~ , ~~I PLANO PARKWAY ---- --~ 20' UTIL ESMT 21,060 SF ::Lu ,..,. 0" .,.., 0> ,,' p~ g;,.., Z ~ ~....... ~ ~. OQ:) 'O>~ p~ 0>,.., o t/) ~ ~ i ':E.~ c( Q! cici P\ o .-r ,..... 8 N ~ N en- CROW/BILlINGSLEY-MANDERIAN L TO EXCHANGE TRUST VOL 1337 PG 291 TRACT 1 CALLED 160.7453 AC .1.4.J ~. '-'" q:) :: ro'-'" n~' ,,'-'" -cv ~ Lu :: ~. ...." '0 /'I). ~CO CO o z ~'v .<if . ,~ ~ ~ NOO.39'56"W 56.86' THOMAS A WEST SURVEY ABST 1344 CITY OF THE COLONY 10' STRIP. CITY I OF HEBRON I I ~ 111~g 1~8 I IUW II I ~ POB S89'ZO'04"W ZO.OO' ",' ~ ~ 10' TP&L ESMT VOL 2580 PC 474 "E \ COMMENCING \\ POINT ~ /1 S89'ZO'04"w... ~032.39' . }I ;1 ~ j 6< X-. .-l ~ ~'''~ G~.J S LONZAR DElAWARE, INC. DOC#2000-105377 VOL 4707 PC 0868 CAllED 81.7201 AC Rev. 09/28/07 t w ~ a:I ~ V) W I CIO ~ ,..... ~ ~ :s- IX) N R BASIS OF" BEARING: o PLANO PARKWAY ROW c: PLAT "EDWARD DON ADDITION" .!::! CAB. W PG. 176 & Gap ..GI....~a. la9D. 1801 GATEWAY BLVD, SUITE 101 RICHARDSON, TEXAS 75080 (972)644-2800 Scale; 1"=200' Date: 08/29/07 ob No.; 07028 Dwg. File: X07028-Esmt 20' EXHIBIT "A" UTILITY EASEMENT PAGE 2 OF 2 ~~u(e. !.A P~4,*~ scke..J &.dL. "3 "P~ " "OF 44 Engineering . Planning. Surveying. CITY OF THE COLONY 25' UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS THAT Crow/Billingsley-Manderian. Ltd. Exchanee Trust. a Texas corporation, hereinafter called "Grantor", for in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF THE COLONY, TEXAS, hereinafter individually and collectively called "Grantee", the easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A" , which is attached hereto and incorporated herein by reference as if fully set forth herein (the "Easement Area") for the purpose of construction, reconstruction, maintenance, repairs and replacement of utilities (the "Facilities") within the easement granted, all as required by the City of The Colony, Texas. The easement granted hereby and the Facilities shall be for public use and shall be dedicated to and thereafter maintained by the City of The Colony, Texas. TO HA VE AND TO HOLD the same perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said premises, or any part thereof, for the purpose of construction, reconstruction, maintaining, repairing and replacing said Facilities, and all incidental improvements. Grantee shall have the right to construct, reconstruct and perpetually maintain, repair and replace, additional Facilities at ~ ~ all times in the future, within the above described boundaries. This Easement may be assigned in whole or in part. Page 1 of 2 S~r&. '3 p~~ 7 t!)f-# S~~ ~B p~ l of: 4- WITNESS my hand this the day of ,2007. Crow/BiIIingsley-Manderian, Ltd. Exchange Trust By: Title: SWORN TO and SUBSCRmED before me on this _ day of ,2007. Notary Public in and for the State of Texas Printed Name My commission expires on Page 2 of 2 s60kAJ."le. '3 p~ g 0+ .q4 sc.U ut So ~ 8 p~ 2 of 4 EXHIBIT "A" 25' UTll.ITY EASEMENT PLANO PARKWAY A 25 foot wide tract or parcel ofland situated in the Thomas A. West Survey, Abstract No. 1344, in the City of The Colony, Denton County, Texas, being part of the called 160.7458 acres tract described in the deed to CrowlBillingsley-Manderian, Ltd. Exchange Trust recorded in Volume 1337 Page 291 in the Denton County Deed Records (DCDR), and being more particularly described as folIows: BEGINNING at a set 1/2 inch iron rod with C&P cap on the north right-of-way line of PIano Parkway (100' wide right-of-way) at the southeast corner of the 25' Water and Sanitary Sewer Easement described in the easement to The City of The Colony recorded in Document No. 2004-110477 in the DCDR; THENCE North 17048'27" East, 25.00 feet along the east side of the to a set 1/2 inch iron rod with C&P cap; THENCE Easterly along a line 35 feet north of and parallel to the north line of PIano Parkway the following: THENCE Easterly an arc distance of 290.28 feet along a non-tangent curve to the left with a radius of9]5.00 feet, a central angle of 18010'36", the chord of which bears South 81016'51" East 289.06 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 89037'51" East, 647.21 feet to a set 1/2 inch iron rod with C&P cap; THENCE Easterly an arc distance of3]3.62 feet along a tangent curve to the right with a radius of 1165.00 feet, a central angle of 15025'28", the chord of which bears South 82039'25" East 312.68 feet, to a set 1/2 inch iron rod with C&P cap; THENCE South 15003'19" West, 35.00 feet to a set 112 inch iron rod with C&P cap; THENCE Westerly an arc distance of25.00 feet along the north line of Piano Parkway and along a non- tangent curve to the left with aradius of 1130.00 feet, a central angle of 1016'04", the chord of which bears North 75034'43" West 25.00 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 15003'19" East, 10.00 feet to a set 1/2 inch iron rod with C&P cap; THENCE Westerly along a line 10 feet north of and paralIel to the north line of PIano Parkway the following: THENCE Westerly an arc distance of281.89 feet along a non-tangent curve to the left with a radius of 1140.00 feet, a central angle of 14010'04", the chord of which bears North 83017'07" West 281.17 feet, to a set 112 inch iron rod with C&P cap; THENCE South 89037'51" West, 647.21 feet to a set 1/2 inch iron rod with C&P cap; THENCE Westerly an arc distance of298.21 feet along a tangent curve to the right with a radius of940.00 feet, a central angle of 18010'36", the chord of which bears North 81016'51" West 296.96 feet to the POINT OF BEGINNING and CONTAINING 3 1,543 square feet of land, more or less. tF:18'10'36" R=940.00' L=298.21' Ch=296.96' Cb=S81'16'51"E 10' TP&L ESMT -~. : VOL 2580 PG 474 . I () ;0 ~ 0 ;0 ::;: ~ "- -I ~ ~<fTIF ox- ()r2~ )>~)>UJ ruzr MUG')fT1 o-..lfTI1 ~"U-iS:: 0lG'):u)> 9Ncz -..I(QUJo ~~~fT1 (J1 ;0 U j;: Z )> () r ~ o tF:14'10'04" R=1140.00' L=281.89' Ch=281.17' Cb=N83"17'07"W 25' ~ fll ~ 25' UTILITY ESMT ~I VOL 4703 PG 1038 ~\JI I (II /I / 25' WATER & SANITARY 7 --- - - - - 1 SEWER ESMT I. ; DOC NO 2004-110477 BASIS OF BEARING: 1 / I PLANa PARKWAY ROW - - ~ PLAT "EDWARD DON ADDITION" CAB. W PG. 176 NT 7"4. . <5.~g.7't 25' UTIL ESM'T 31,593 SF I / ;} ) ;/ II tF:18'10'36" R=915.00' L=290.28' Ch=289.06' Cb=S81'16'51"E I -0 II ~ o I ~ ;0 II ~ -< II I lD lD lD )>R> lD U)() -i;o ~;o -..IUJ -I>-c :u < fTI -< 10' TP&L ESMT I VOL 2~O ; T )>UJ Bl)> -i::;: ~ fTI uUJ ~~ ~UJ c :u < fTI -< PAGE 2 OF 2 cap :mIrGISRRRJ:RG. Ll1Jf.WD.. Engineering . Planning. Surveying. "A" 1801 GATEWAY BLVD. SUITE 101 RICHARDSON. TEXAS 75080 (972)644-2800 Scale: 1#=200' Date: 08/30/07 Job No.: 07028 Dwg. File: X07028-Esmt S;~e 3S,) Pq.tfe. 4- p~_ 4o.~.do. 11 CITY OF THE COLONY 25' UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS THAT Trammell Crow Comoanv No. 33, a Texas corporation, hereinafter called "Grantor", for in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF THE COLONY, TEXAS, hereinafter individually and collectively called "Grantee", the easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A" and Exhibit "B", which is attached hereto and incorporated herein by reference as if fully set forth herein (the "Easement Area") for the purpose of construction, reconstruction. maintenance, repairs and replacement of utilities (the "Facilities") within the easement granted, all as required by the City of The Colony, Texas. The easement granted hereby and the Facilities shall be for public use and shall be dedicated to and thereafter maintained by the City of The Colony, Texas. TO HAVE AND TO HOLD the same perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said premises, or any part thereof, for the purpose of construction, reconstruction, maintaining, repairing and replacing said Facilities, and all incidental improvements. Grantee shall have the right to construct, reconstruct and perpetually maintain, repair and replace, additional Facilities atn .. all times in the future, within the above described boundaries. This Easement may be assigned in whole or in part. Page 1 of 2 Sc.UA "3 p~ It .f 44 Seked~ "3<:. f>~ I of' CO WITNESS my hand this the day of ,2007. Trammell Crow Company No. 33 By: Title: SWORN TO and SUBSCRffiED before me on this _ day of ,2007. Notary Public in and for the State of Texas Printed Name My commission expires on Page 2 of 2 ScheJ.J.... 3 f~ 11 * 4+ Scz.~[e.. 3C. p~ '2. tR g EXHIBIT "A" 25' UTILITY EASEMENT A 25' wide tract or parcel of land situated in the David Andrews Survey, Abstract No. 18, and in the S.B. Evans Survey, Abstract No. 397, in the City of The Colony, Denton County, Texas, being part of the called 503.5248 acres tract described in the deed to Trammell Crow Company No. 33 recorded in Volume 2899 Page 713 in the Denton County Deed Records, and being more particularly described as follows: BEGINNING at a found 112 inch iron rod on the west right-of-way line of PIano Road (100' wide right-of-way) at the intersection with the City Limits line between the City of The Colony and the City of CarrolIton; THENCE South 89010'02" West, 35.00 feet to a set 1/2 inch iron rod with C&P cap; THENCE Northerly along a line 35 feet west of and parallel to the west right-of-way line of Piano Parkway the following: THENCE North 00056'38" West, 107.99 feet to a set 112 inch iron rod with C&P cap; THENCE Northerly an arc distance of 1579.09 feet along a tangent curve to the right with a radius of2585.00 feet, a central angle of35000'00", the chord of which bears North 16033'20" East 1554.65 feet, to a set 1/2 inch iron rod with C&P cap; THENCE Northerly an arc distance of224.61 feet along a reverse curve to the left with a radius of 1915.00 feet, a central angle of6043'13", the chord of which bears North 30041 '44" East 224.48 feet, to a set 1/2 inch iron rod with C&P cap; THENCE Northerly an arc distance of216.39 feet along a non-tangent curve to the right with a radius of245.51 feet, a central angle of50030'02", the chord of which bears North 20034'05" West 209.45 feet, to a set 1/2 inch iron rod with C&P cap; THENCE Southeasterly an arc distance of25.83 feet along the south right-of-way line of Windhaven Parkway (120' wide right-of-way) and along a non-tangent curve to the right with a radius of 1036.62 feet, a central angle of 1025'40", the chord of which bears South 71032'18" East 25.83 feet, to a set 1/2 inch iron rod with C&P cap; THENCE Southerly an arc distance of206.44 feet along a non-tangent curve to the left with a radius of220.51 feet, a central angle of53038'31 ", the chord of which bears South 23044'14" East 198.99 feet, to a set 1/2 inch iron rod with C&P cap; THENCE Southerly along a line 10' west of and parallel to the west line of PIano Road the following: THENCE Southerly an arc distance of246.91 feet along a non-tangent curve to the right with a radius of 1940.00 feet, a central angle of 7017'32", the chord of which bears South 30024'34" West 246.74 feet, to a set 1/2 inch iron rod with C&P cap; September 4, 2007 Q:\cp\07028\ESMT-Plana-SW.dac Sc~te.. :3 ~ l~ o~ 44 Page 1 of 3 Sc.lo.cQ u l-e.. 3 c. p~ eo 'S ~-f. tl THENCE Southerly an arc distance of 1563.82 feet along a reverse curve to the left with a radius of2560.00 feet, a central angle of 35000'00", the chord of which bears South 16033'20" West 1539.61 feet, to a set 1/2 inch iron rod with C&P cap; THENCE South 00056'38" East, 83.89 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 89003'20" East, 10.00 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 00056'40" East, 24.17 feet along the west line of Piano Road to the POINT OF BEGINNING and CONTAINING 53,407 square feet or 1.2261 acres ofland, more or less. September 4, 2007 Q:\cp\07028\ESMT-Plano-SW.doc Page 2 of 3 S c.~\J l e. '3 ~ 14 Df" (p..35.OO.00" R = 2585.00' L = 1579.09' CRD = N16'33'20"E 1554.65' EXHIBIT "A" 25' UTILITY EASEMENT 6=1'25'40" R = 1036.62' L = 25.83' CRD = 571'32'18"E 25.83' 6=50'30.02...~. R = 245.51 L = 216.39' CRD = N20'34'OS"W 209.45' 6=717'32" R = 1940.00' L = 246.91' CRD = 530'24'34"W 246.74' ,,>"J O. ,..I.~ ~ ~~"J r-O~ '\" r-.. v <;?' >r-v R:-O~ 90) 'n lx'O CJ '1-'0 ~ v 'v ~. ~. 0' ~O ~~ "'~~ DA~D ANDREWS SURVEY ABSTRACT 18 10' TP&L EASEMENT VOL.25BO PG.479 TRACT 1 10' TP&L EASEMENT VOL.2580 PG.479 TRACT 2 &=35'00'00" R = 2560.00' L = 1563.82' CRD = S16'33'20"W 1539.61' "J"J ,..I. ~ ~ -.t ~ ,,"> r-O '\ r-. v~. >r-v ~O~ 90)' >>.'0 CJ '1-'0 G:> 'V ....;y ~'C"JL' ~v ":l ~ AGE 3 OF 3 ABSTRACT 18 ABSTRACT 397 S.B. EVANS SURVEY ABSTRACT 397 NOO'56'38"W 107.99' 58910'02": 35.00"'!' '\ CITY OF COLONY ITY OF CARROLLTON SOO'56'38"E 83.89' NB9'0,3'20"E 10.00' 500'56' 40"E 24.17' I C&p Engineering, Ltd. I 1801 Gateway Blvd., Suile 101 Richardson, Texas 75080 972.644.2800 Fax 972.644.2817 info@c-pengineering.com 'Sc 'P'~ 09/04/07 D7028-ESMT 5 r:>~ S~ EXHIBIT "B" 25' UTILITY EASEMENT A tract or parcel of land situated in the David Andrews Survey, Abstract No. 18, in the City of The Colony, Denton County, Texas, being part of the called 503.5248 acres tract described in the deed to Trammell Crow Company No. 33 recorded in Volume 2899 Page 713 in the Denton County Deed Records (DCDR), and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod on the north right-of-way line of Wind haven Parkway (120' wide right-of-way) at the most southerly southwest comer of Lot 1 Block C of "Austin Ranch West", an addition to the City ofLewisville recorded in Cabinet V Page 935 in the Denton County Plat Records; THENCE North 89014'10" East, 70.18 feet along the south side of said "Austin Ranch West addition, to a set 1/2 inch iron rod with c&P cap; THENCE Southeasterly along a line 25' north of and parallel to the north line of Windhaven Parkway the following: THENCE Southeasterly an arc distance of 516.28 feet along a non-tangent curve to the right with a radius of 1485.00 feet, a central angle of 19055'11 ", the chord of which bears South 58039'56" East 513.68 feet, to a set 1/2 inch iron rod with C&P cap; THENCE South 48042'21" East, 28.96 feet to a set 1/2 inch iron rod with C&P cap; THENCE Southeasterly an arc distance of 492. 73 feet along a tangent curve to the left with a radius of 1115.00 feet, a central angle of25019'1 1 ", the chord of which bears South 61021 '56" East 488.73 feet, to a set 1/2 inch iron rod with C&P cap; THENCE Southeasterly along the south side of the called 81.7201 acres tract described in the deed to Lonzar Delaware, Inc, recorded in Document Number 2000-105377 in Volume 4707 Page 0868 in the DCDR the following: ~ THENCE South 00053'52" East, 12.53 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 88042'27" East, 43.46 feet to a set 1/2 inch iron rod with C&P cap; THENCE Southeasterly continuing along the north line of Windhaven Parkway the following: THENCE Easterly an arc distance of247.10 feet along a non-tangent curve to the left with a radius of 1115.00 feet, a central angle of 12041'52", the chord of which bears South 82041 '40" East 246.60 feet, to a set 1/2 inch iron rod with C&P cap; THENCE South 89002'36" East, 34.68 feet to a set 1/2 inch iron rod with C&P cap; September 4, 2007 Q: \cp\07028\ESMT-Windhaven-NW ,doc 5cWu(c. p~ fG. Page 1 of 3 3 1-4 THENCE Easterly an arc distance of327.87 feet along a tangent curve to the right with a radius of 1187.79 feet:, a central angle of 15048'56", the chord of which bears South 81008'08" East 326.83 feet, to a set 1/2 inch iron rod with C&P cap; TIIENCE Northeasterly an arc distance of230.04 feet along a non-tangent curve to the right with a radius of245.51 feet, a central angle of53041 '09", the chord of which bears North 68031 '39" East 221.71 feet, to a set 1/2 inch iron rod with C&P cap; THENCE Southerly an arc distance of25.32 feet along the west line of Piano Road (lOO' wide right-of-way) and along a non-tangent curve to the right with a radius of 1950.00 feet:, a central angle of 00044'38", the chord of which bears South 13058'57" West 25.32 feet:, to a set 1/2 inch iron rod with C&P cap; THENCE Southwesterly an arc distance of 218.65 feet along a non-tangent curve to the left with a radius of220.51 feet, a central angle of56048'52", the chord of which bears South 65058'41" West 209.80 feet, to a set 1/2 inch iron rod with C&P cap; THENCE Northeasterly along the north line of Windhaven Parkway the following: THENCE Westerly an arc distance of337.50 feet along a non-tangent curve to the left with a radius of 1162.79 feet, a central angle of 16037'48", the chord of which bears North 80043'42" West 336.31 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 89002'36" West, 34.68 feet to a set 1/2 inch iron rod with C&P cap; THENCE Northwesterly an arc distance of 802.59 feet along a tangent curve to the right with a radius of 1140.00 feet, a central angle of 40020'15", the chord of which bears North 68052'28" West 786.11 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 48042'21" West, 28.96 feet to a set 1/2 inch iron rod with C&P cap; THENCE Northwesterly an arc distance of 572.62 feet along a tangent curve to the left with a radius of 1460.00 feet, a central angle of22028'18", the chord of which belU's ~ North 59056'30" West 568.96 feet, to the POINT OF BEGINNING and CONTAINING 48,690 square feet or 1.1178 acres of land, more or less. September 4, 2007 Q:\cp\07028\ESMT-Windhaven-NW.doc Page 2 of 3 ~"le. 3 PAftAo 17 ri 5~&I{.c.. >C p~ 7".f 8 EXHIBIT "B" 25' UTILITY EASEMENT ~ "1~ ~ ~( t-0?, .s0}~~0~ ...;.9 CQ v~ ' .() ~ 11'~ .,> ~ .it /' u' "11- -'0 )- , -Y. q..J lJ r::o'jj o II II co 1fCJ1....Ql .....J>CJ1 z?>t1l..... CJ1NP'... t1l t1l 0 . c.i "0 CJ1~ ....(J1 C>lm l\ ~ct "m i >4' C CI!. 1) "'J')- o,{' ~(' OQ ~ ~r::olj(' o II II ;;; IItj:::!d z~m . CXlo,~'" OO~~ , "co .,. . C>lV!. C>l.J> mN . . ~~ ~r;o'ii o II II.". o 1Ig::::tJ ZN.J>Q mo,P- CXlCDO~ oi "Q ~~ CDN 0100 . . :::~ .J>1"11'1J CD>CJ1 m~ . co;;::c 01"1:::1 cnZC 0........ . -< "'Tl ;-I or;olj(' ~ n II ~ II.J>....~ CO"" co ---- cn ~ 0; ..... ~ -....... 01 ~. .... ....(>10 . ~ "Q itui 000:. ~1"1 Vi. z CD (>lCO .,.d 'N Ol . CO(>l "0) . ~ 0.;01>. ~ II It.!!. ,.." II ~::::t cn:-Jc;oi' 00 ...... ,.." NOO . . . 0 .". - ,..,,~ .,..,. 0)0 , . 011"1 q or::olj(' ~ II II J, C>l It~,..,,~ zo~~ 0100,:5 011 .J>.... . <.l " . ,..,,~ NC>l -co , . :j1"1 or::o'ii ~ II II 6 II,.."....~ UlCO . ~(.,g:~ ~~o · Ul 0 00 . ,.." " (J101 ,~ (>I . ,..,,~ ~ PLANO PARKWA Y ..Ii :::!i II S~~e. '3C p~ fl o-G:- 'Q !=' :u :<~ (.)1 VIr .(.)1 , -ofTl (.,~ t>.)fTl -;;:: f11 Z .... · engineering uurveylng . construction management . batIic . planning Scale: Job No.: 1"",200' 07028 "10,/0;- O"'l~ ~ ~ ~ ~ _ t- "1A. o_ ct ' .()'Ya<:'1- n Q>YJt..C' ~ ' .9.f. '('J- !il \5' J' :I: la ;0 i )- C}~ O,{' ((-~ \S'~ r<(' <Q ~~ t-~ 'l1' a ~,. ~> ~'1 .~,.()~ 0,. 'Q "'1'(- "'9'(1 0'6'~' /.A. . 'Y<:, PAGE J or 3 I elP Engineering, LId I 1801 Gateway Blvd.. Suite 101 Richardson, Texas 75080 972.844.2800 Fax 972.644.2817 info@o-penglneering.com Dote: 09/04/07 07028-ESIAT Dwg. File: CITY OF THE COLONY 25' WATERLINE EASEMENT THE STATE OF TEXAS COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS TIIAT Trammel Crow Company No. 33, a Texas corporation, hereinafter called "Grantor", for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF THE COLONY, TEXAS, hereinafter individually and collectively called "Grantee", the easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A", which are attached hereto and incorporated herein by reference as if fully set forth herein (the ''Easement Area") for the purpose of construction, reconstruction, maintenance, repairs and replacement of waterline (the "Facilities") within the easement granted, all as required by the City of The Colony, Texas. The easement granted hereby and the Facilities shall be for public use and shall be dedicated to and thereafter maintained by the City of The Colony, Texas. TO HAVE AND TO HOLD the same perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said premises, or any part thereof, for the purpose of construction, reconstruction, maintaining, repairing and replacing said Facilities, and all incidental improvements. Grantee shall have the right to construct, reconstruct and perpetually maintain, repair and replace, additional Facilities at .. .. all times in the future, within the above described boundaries. This Easement may be assigned in whole or in part. Page 1 of 2 Sc.LsJLdL "3 p~ 19 ef 4-4 ~ c.~ e..J cJ..a. ?,'P p~ I "f' B WITNESS my hand this the day of By: Title: .2007. Trammel Crow Company No. 33 SWORN TO and SUBSCRIBED before me on this _ day of Page 2 of 2 5~~3 p~ '2.0 ~ 44 ,2007. Notary Public in and for the State of Texas Printed Name My commission expires on Sc.~ 31:> p~ 2. of. 8 EXHlBIT "A" 25' WATER LINE EASEMENT A tract or parcel of land situated in the Samuel B. Evans Survey, Abstract 397, in the City of Carrollton, Denton County, Texas, being part of the called 503.525 acres tract described in the deed to Trammell Crow Company No. 33 recorded in Volume 2899 Page 713 in the Denton County Deed Records (DCDR), and being more particularly described as follows: COMMENCING at at set 1/2 inch iron rod with C&P cap at the intersection of the west line of Piano Parkway (100' wide right-of-way) and the north line of Parker Road aka F.M. 544 as described in the Right-of-way Dedication Plat titled Piano Parkway Phase Two, an addition to the City of Carroll ton recorded in Cabinet G Page 300 in the Denton County Plat Records; THENCE Westerly an arc distance of 136.05 feet along the north line of Parker Road and along a curve to the right having a radius of 533.00 feet, a central angle of 14037'30", and the chord bears South 78039'45" West 135.68 feet, to a set 1/2 inch iron rod with C&P cap for the POINT OF BEGINNING; THENCE WeSterly an arc distance of 25.03 feet continuing along the north line of Parker Road and along a curve to the right with a radius of 533.00 feet, a central angle of 2041'26" I the chord of which bears South 87019'13" West 25.03 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 00000'00" East, 313.00 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 90000'00" East, 1.11.67 feet to a set 1/2 inch iron rod with C&P cap; THENCE Northerly along a line 50 feet west of and parallel to the west line of Piano Parkway the following: THENCE Northeasterly an arc distance of 1040.12 feet along a non-tangent curve to the right with a radius of 1100.00 feet, a central angle of 54010'37", the chord of which bears North 32030'08" East 1 001.81 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 59035'27" East, 1713.40 feet to a set 1/2 inch iron rod with C&P cap; . THENCE Northeasterly an arc distance of 861.79 feet along a non-tangent curve to the left with a radius of 1150.00 feet, a central angle of 42056'11", the chord of which bears North 38007'21" East 841.76 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 46039'16" East, 48.50 feet to a set 1/2 inch iron rod with C&P cap; THENCE Northerly along a line 25 feet west of and parallel to the west line of PIano Parkway the following: November 10, 2006 25 I WTR ESMT Sc:h.e.cl~ 3 p~ ~, +4 stWlIle. ~bSHEET p~ 3,ftg 1 of 6 THENCE Northerly an arc distance of318.90 feet along a non-tangent curve to the left with a radius of 1175.00 feet, a central angle of15033'02", the chord of which bears North 06049'51" East 317.92 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 00056'41" West, 91.94 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 89003'19" Bast, 25.00 feet to a set 1/2 inch iron rod with C&P cap; THENCE Southerly along the west line of Piano Parkway the following: THENCE South 00056'41" East, 91.94 feet to a set 1/2 inch iron rod with C&P cap; THENCE Southerly an arc distance of 368.59 feet along a non-tangent curve to the right with a radius of 1200.00 feet, a central angle of 17035'56", the chord of which bears South 07051'18" West 367.14 feet, to a set 1/2 inch iron rod with C&P cap; THENCE North 73020'44" West, 25.00 feet to a set 1/2 inch iron rod with C&P cap; THENCE Southerly along a line 25 feet west of and parallel to the west line of Piano Parkway the following: THENCE Southwesterly an arc distance of 880.52 feet along a non-tangent curve to the right with a radius of 1175.00 feet, a central angle of 42056'11", the chord of which bears South 38007'21" West 860.06 feet, to a set 1/2 inch iron rod with C&P cap; THENCE South 59035'27" West, 1713.40 feet to a set 1/2 inch iron rod with C&P cap; THENCE Southwesterly an-arc distance of 1039.21 feet along a non-tangent curve to the left with a radius of 1075.00 feet, a central angle of 55023'17", the chord of which bears South 31053'48" West 999.21 feet, to a set 1/2 inch iron rod with C&P cap; THENCE South 90000'00" West, 109.65 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 00000'00" West, 286.83 feet to the POINT OF BEGINNING and CONTAINING 112,819 square feet or 2.5900 acres ofland, more or less. November 10, 2006 25' WTR ESMT scUcck 3 p~ za rtf 44 $c.~e. 3zrHEET p~ 4 of' g 2 of 6 j ~ .0 ~ <( ~ N f o .-I \D o o N C3 .-t ...... .-t .-t ~ "0 ~ VI W I o CO o \D o f ::s o CO o \D o - a- - o EXHIBIT "A" 25' WATER LINE EASEMENT \~ \, ~ ~ /"---- ~ ~~ ~ :::..iiIiIii!ii! , \. \ i I I I I i 25' SANITARY SEWER EASEMENT TO CITY CARROLL TON DOC. NO. 99-R0081814 ~~H. i _(. ) I ! ALL CORNERS ARE SET 1/2" IRON RODS WITH C & P CAP. BASIS OF BEARING; PLAT - "PLANa PARKWAY PHASE TWO" Cab. G. Pg. 300 ca. "G~.Dla. Ia.-D. Engineering . Planning. Surveying. 1801 GATEWAY BLVD. SUITE 101 RICHARDSON, TEXAS 75080 (972)644-2800 Scale: 1"=500' Dote: 11/10/06 Job No.: 06080 Dwg. File: 06080-Esmt s ~",L.e. 3 .~ '2.3 or 44 .. ~.,(e.} SHEET 3 OF 6 -9~ SorB EXHIBIT "A" 25' WATER LINE EASEMENT #' __. __ ~~ iiiis~e... . ..__.. City of Carrollton t .c :i:.~ < ~ ~ o M \0 8 N b' M ;::e- M TRAMMELL CROW COMPANY NO. 33 VOL. 2899 PG. 713 called 503.525 acres LINE L1 L2 L3 L4 L5 LS L7 L8 L9 L10 L11 LINE TABLE LENGTH BEARING 13.00' NOO1l0'OO"E 1 1,67' N901l0'OO"E 1713.40' N59'35 '27"E 48.50' N46'39'15.E 91.94' NOO'SS....I.E 25.00' N891l3'19. 91.94' SOO'5S'41'W 25.00' N7S20'44.W 1 1 9 . . 1 55' S90'OO'00.W 286.83' SOO'OO'OO.W \. 25' SANITARY SEWER EASEUENT TO CITY CARROlL TON DOC, NO. 99-R0081814 I 1-- CURVE Cl C2 C3 C4 C5 C6 C7 C8 ~ 't:l t-= :i:. II) W I Cl 00 ~ 9- ~ :9- ~ ~ Cl ~ 0' -- PARKER ROAD _rM 544]___________ r cap ..alllllBltDlG. ~. Engineering - Planning e Surveyinge 1801 GATEWAY BLVD. SUITE 101 RICHARDSON, TEXAS 75080 (972)644-2800 Scale: 1"=200' Dote: 11/10/06 4 OF 6 Job No.: 06080 Dwg. File: 060BO-Esmt ~ t- W W I (f) I U I- <{ ::E EXHIBIT "A" 25' WATER LINE EASEMENT ~ ~~~ ~" ifc\.,~~'l!J ~,o o 0<'<' . G~-\ 0' G ~'~ , CURVE Cl C2 C3 C4 C5 C6 C7 C8 LINE L1 L2 L3 L4 L5 L6 L7 La L9 L10 L11 I o I- <( ~ ... OJ I .0 ~ 0\ l"'l ~ 0 ..... ~ e e N C5' ..... -. ..... ..... ~ 't:l ~ I IJ.J 0 I l- e co <( e ~ ~ ~ :9- ~ e ~ 9- ~ 0> 25' SANITARY SEWER EASE~ENT TO CITY CARROU TON DOC. NO. 99-R0081814 ca. ..GI....IR'G. II'&'D. Engineering . Planning . Surveying. 1801 GATEWAY BLVD, SUITE 101 RICHARDSON. TEXAS 75080 (972)644-2800 Scale: 1"=200' Date; '1/10/06 SHEET" 5 OF 6 Job No.; 06080 Dwg. File: 06080-Esmt EXHIBIT "A" 25' WATER LINE EASEMENT ~ CURVE C1 C2 C3 C4 C5 C6 C7 C8 BEARING 578'39' 45'W SBTI9'13'W N32'3Q'08"E NJa'07'21 "E N06'+!l'51'E 507'51 '1 a'w 53a'07'21 'w 531'53'48'W >- ~ ~~ ~O <(Wo. 0.... o 00 Z - .0 <( ..J 0... j---------------- , , ~ " ..J ... 25' WATER EASEMENT 112,819 S.F. or 2,5900 Ac. (Q U , , , ~ ~ ~ .c ~ .... M ~ o .... \D o o N C5' .... ;::r .... 25' SANITARY SEWER EASEMENT' TO CITY CARROLLTON , DOC. NO. 99-R0081814 , , , , .. ~ "0 ~ ffi ~ g 9- Cl 3: :s o co ~ 9- ~ Or LINE TABLE :r: ~ <t: ~ LINE L1 L2 L3 L4 L5 L6 L7 La L9 L10 l11 BEARING NOO'OO'OO'E N90'00' 'E N59'35'27"E N46' 9'16' NOO'56'41'E N 9' '19"E SOO ....I.W N73'20'44"W 55 '7'W 5 O'OO'OO"W 500'OO'OO'W ca. ..GI....IRG. II..D. Engineering _ Planning _ Surveyinge 1801 GATEWAY BLVD, SUITE 101 RICHARDSON, TEXAS 75080 (972)644-2800 Scale: 1"=200' Date: 11/10/06 Job No.: 06080 Dwg. File: 06080-Esmt Sc.h.ec! ~ :3 t>~ "20 cr9 44 scLJJule 3'J) SHEET 6 OF 6 p~ g .of- e CITY OF THE COLONY WATERLINE EASEMENT THE STATE OF TEXAS COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS THAT Savoy Realty Companv LTD, a Texas corporation, hereinafter called "Grantor", for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF THE COLONY, TEXAS, hereinafter individually and collectively called "Grantee", the easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A", which are attached hereto and incorporated herein by reference as if fully set forth herein (the "Easement Area") for the purpose of construction, reconstruction, maintenance, repairs and replacement of waterline (the "Facilities") within the easement granted, all as required by the City of The Colony, Texas. The easement granted hereby and the Facilities shall be for public use and shall be dedicated to and thereafter maintained by the City of The Colony, Texas. TO HAVE AND TO HOLD the same perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said premises, or any part thereof, for the purpose of construction, reconstruction, maintaining, repairing and replacing said Facilities, and all incidental improvements. Grantee shall have the free and uniterrrupted use, liberty and privilege of the passage in, along, upon, and across the .. .. following described real property. Grantee shall have the right to construct, reconstruct and perpetually maintain, repair and replace, additional Facilities at all times in the future, within the above described boundaries. This Easement may be assigned in whole or in part. Page 1 of 2 ~,w bQ.a.. 3 p~ '2..'1 ,R. 44 Sekadc.c!la. 3 C P~lor+ WITNESS my hand this the day of ,2007. Savoy Realty Company LTD By: Title: SWORN TO and SUBSCRIBED before me on this _ day of Page 2 of 2 SJ.,..lvt<<, '3 F?~ 28 of 44 ,2007. Notary Public in and for the State of Texas Printed Name My commission expires on s~ '35" p~ z or 4- EXHffiIT "Atl WATER LINE EASEMENT BEING 12,740 square feet of land out of the H, Grooms Survey, Abstract Number 441, City of Carroll ton, Denton County, Texas, and being a portion of the remainder of that tract of land described in deed to Savoy Realty Company, Ltd., as recorded in County Clerk File Number 01-038377, of the Deed Records of Denton County, Texas, and being described as follows: COMMENCING at a 1I2-inch found iron rod with yellow plastic cap stamped '"HALFF ASSOC. INC" (hereinafter referred to as "with cap") for the northeast corner of Lot 1, Block 1, of the Parker Road Addition, Phase 3, an addition to the City of Carrollton, as recorded in Cabinet W, Page 994, of the Plat Records of Denton County, Texas; THENCE South 89 degrees 33 minutes 47 seconds West, along the north line of said Lot 1, a distance of 35,00 feet to a 1I2-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC. INC" (hereinafter referred to as "with cap") for the POINT OF BEGINNING; THENCE South 89 degrees 33 minutes 47 seconds West, continuing along said north line, a distance of25.00 feet to a point for comer; THENCE North 00 degrees 24 minutes 59 seconds West, departing said north line, over and across said remainder tract, a distance of 507.22 feet to a point for corner on the south right-of-way line ofFM 544 (Parker Road, a 80 foot right-of-way), said point being on a curve to the left having a radius of 612.96 feet and whose chord bears North 78 degrees 20 minutes 32 seconds East, a distance of25.49 feet; THENCE Northeasterly, along said south right-of-way line and along said curve, through a central angle of 02 degrees 22 minutes 56 seconds, an arc length of 25.49 feet to a 112- inch set iron rod with cap for corner; THENCE South 00 degrees 24 minutes 59 seconds East, departing said south right-of- way line and said curve, over and across said remainder tract, a distance of 512.18 feet to~ the POINT OF BEGINNING AND CONTAINING 12,740 square feet or 0.2925 acres of land, more or less. Basis of bearing is the Texas Coordinate System, NAD 83, North Central Zone (4202), as observed by GPS using the City of Carroll ton Monuments 10 and 11. A plat accompanies the legal description. s ~cd..L. '3 p~ 2.Cf .-? 44 Sc.Lc rl~1h 3 E p~ 3.~ 1- ...-.tM-t:l!-111 'I .,4'~10- (.I~' TRACT 1 ...~..-." III ",~F$ , 1 II. :- ----1 1.----. II, d~lLCIC&.Jr \, I -:,;.:"....... \\~ I ......,. ~ I ! Iii I I I lll=~::r~"'~I~~ CP~ I!I T----- .. 1/ - "'-"~.'_YUO ,III ....t.......-:l.:-It It , ......y. ! u ~ ,----~ "'-. ' I ... , I '-y~~ I "'-.... I I '''-,-1 PARENT TRACT SCALE: l' = 600' BASIS OF BEARING IS TEXAS COORDINATE SYSTEM.NAD B3,NORTH CENTRAL ZONE /42021 AS OBSERVED OY GPS USING THE CITY OF CARROLL TON MONUllNETS 10 . 11. A LEGAL DESCRIPTION ACCOllPANIES THIS PLAT. ~l"\"!lii~~ ~.~~ LEGEND PROPOSED EASEllENT SET IRON ROD WI YELLOW PLASTIC CAP STAMPED 'HALFF ASSOC INC' 6WS1R .. 1ft' FIR FOUMJ flON ROD WI vaLOW PLASTIC CAP ST AllPED 'HALFF ASSOC INC' PROPERTY LINE .... -' ~."""-------- ---- " ..110.. .0' ov~ ..O....G FM 544 +. ,,'(. 180' RIGHT-OF-WAY) ... ----- 15' UTILITY EASEMENT TO THE CITY OF CARROLL TON VOL. 4400, PC. 288 D.R.D.C. T. I 12,740 S.F. r 0.2925 ACRES SA VOY REAL TY COMPANY LTD. REMAINDER OF 16.8275 ACRE TRACT FILED IN CC.Ol-J8J77 D.R.D.C. T. ~-------------------- ---------------T L 10' UTILITY EASEMENT rt I ~ ~5'WAr~ LM EA~~T -=- -=- -=- -=- -=- ~I~~ I PARKER ROAD ADDITION. PHASE 3 LOT I, BLOCK 1 15.325 ACRE TRACT DOCUMENT · 279704 FILED IN CAB. W. PAGE 994 D.R.D.C. T. EXHIBIT "AI 0.2925 ACRE WATER LINE EASEMENT PAGE 1 OF 1 OUT OF THE H, GROOMS SURVEY. A-441. CITY OF CARROLL TON, DENTON COUNTY. TEXAS BY HALFF ASSOCIATES 4000 FOSSIL CREEK BLVD. FORT WORTH, TEXA5 76137 I, Robert Oavls. Regretered Profeselonal Land Surveyor, do hereby o."..tlfy that thle paroel wae prepGred from 0 eurvey made on the ground LrIder my lIllPervlelon and dlreotlon. tit. Aff / :- ~-.!t:=.., .. ~ ,.", Robert Davlll Registered Profellelonal Land Surveyorc- I. 1\ n_ "2. State of Texas No. 5836 ~~~ OJ II II d I' ,I " II II J\ II ,I " N ! >- ~~ ~3f a::'" <'7' a..... :c O~ z- <0 ...JS! a..- A= 02' 22' 58" (L T) R= 612,96' T= 12.75' L= 25,49' LC= N 78' 20' 32" E /25,49' I I I I I I I I 10' STREET & UTILITY EASEMENT TO THE CITY OF CARROLL TON VOL. 2383. PG. 347 I O.R.O. T.C. I I w Z ::i >- w > a: ;:) en 500'24'59"E 512.18' I I I ..... I ~... " --.1 I . .... " ~"""'.O' .'~G'( ~I ~ ~.~ oJi. .. .~ I I I S 89'33'47" W 35,00' POINT OF COMMENCEMENT S89'33'47"W 25,00' L 25 50 75 100 1~ :'3 e. SCALE IN FEETh\22000e\22989\dgn\98geoS08.dgn 1-e-4 CITY OF THE COLONY WATERLINE EASEMENT THE ST ATE OF TEXAS COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS THAT Parker Road Addition Phase 3, a Texas corporation, hereinafter called "Grantor", for in and consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF THE COLONY, TEXAS, hereinafter individually and collectively called "Grantee", the easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A", which are attached hereto and incorporated herein by reference as if fully set forth herein (the "Easement Area") for the purpose of construction, reconstruction, maintenance, repairs and replacement of waterline (the "Facilities") within the easement granted, all as required by the City of The Colony, Texas. The easement granted hereby and the Facilities shall be for public use and shall be dedicated to and thereafter maintained by the City of The Colony, Texas. TO HAVE AND TO HOLD the same perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said premises, or any part thereof, for the purpose of construction, reconstruction, maintaining, repairing and replacing said Facilities, and all incidental improvements. Grantee shall have the free and uniterrrupted use, liberty and privilege of the passage in, along, upon, and across the following described real property. Grantee shall have the right to construct, recons~ct ~d perpetually maintain, repair and replace, additional Facilities at all times in the future, within the above described boundaries. This Easement may be assigned in whole or in part. Page 1 of 2 S'~,,\~ "3 ~~ 3\ o-t- 4+ se.lt.ul ~ "3 F P(f' t cf 5' WITNESS my hand this the day of ,2007. Parker Road Addition Phase 3 By: Title: SWORN TO and SUBSCRmED before me on this _ day of ,2007. Notary Public in and for the State of Texas Printed Name My commission expires on Page 2 of 2 S" ~..&a.. "3 p~ ~z. ..,f- 4-4 ScWJuCJL ~1= p~ l. ~S EXHIBIT" A" WATER LINE EASEMENT BEING 8,402 square feet ofIand out of the H. Grooms Survey, Abstract Number 441, City of Carrollton, Denton County, Texas, being a portion of Lot 1, Block 1 of the Parker Road Addition, Phase 3, an addition to the City of Carrollton, as recorded in Cabinet W, Page 994, of the Plat Records of Denton County, Texas, and being a portion of the remainder of that tract of land described in deed to Savoy Realty Company, Ltd., as recorded in County Clerk File Number 01-038377, of the Deed Records of Denton County, Texas (D.R.D.C.T.), and being described in two tracts as follows: COMMENCING at a 112-inch found iron rod for the southeast comer of the remainder of that called 16.8276 acre tract ofland described in deed to' Savoy Realty Company, Ltd., as recorded in County Clerk File Number 01-38377, D.R.D.C.T., and being on the west tight-of-way of Piano Parkway (a 100 foot right-of-way at this location); THENCE South 89 degrees 33 minutes 47 seconds West, along said west right-of-way line and along the south line of said Savoy tract, at a distance of 10.00 feet pass the northeast comer of said Lot 1, and continuing along the common line between said south line and the north line of said Lot 1, in all a distance of 35.00 feet to a II2-inch found iron rod for the POINT OF BEGINNING; THENCE South 00 degrees 24 minutes 59 seconds East, departing said common line, over and across said Lot 1, a distance of 20.25 feet to the point of curvature of a circular curve to the left having a radius of 1,085.00 feet and whose chord bears South 08 degrees 39 minutes 37 seconds East, a distance of 311.15 feet; THENCE Southeasterly, continuing across said Lot 1 and along said curve, through a central angle of 16 degrees 29 minutes 15 seconds, an arc length of 312.22 feet to a point for comer; THENCE South 73 degrees 05 minutes 45 seconds West, departing said curve, continuing across said Lot 1 and along the radial bearing of said curve, a distance of 25.00 feet to a point for comer on a curve to the right having a radius of 1, 110.00 feetoand ~ whose chord bears North 08 degrees 39 minutes 37 seconds West, a distance of 318.32 feet; THENCE Northwesterly, continuing across said Lot 1 and along said curve, through a central angle of 16 degrees 29 minutes 15 seconds, an arc length of 319.42 feet to the point of tangency; THENCE North 00 degrees 24 minutes 59 seconds West, continuing across said Lot 1, a distance of20.24 feet to a point for comer on said common line; scW.c&.. '3 p~ 31 csf- 44 Sc.~ 3~ PT 3 c.f. 5 THENCE NOl1h 89 degrees 33 minutes 47 seconds East, along said common line, a distance of25.00 feet to the POINT OF BEGINNING AND CONTAINING 8,402 square feet or 0.1929 acres ofland, more or less. Basis of bearing is the Texas Coordinate System, NAD 83, North Central Zone (4202), as observed by GPS using the City of Carrollton Monuments 10 and II. A plat accompanies the legal description. Sekd..J.A.. 3 f~ :i4 trf 44 S'~~ "3 F"' p~& 4 Gfs FM 5olo4 111 r------1 Mil i ~ ~~~ m ~ ~rI"" lulz ~:::..~~ IH~ i 1 IIIH~ - ____III ~ II I 1 I' III I', ,I III !'I L ql T-----~~ I " I I / ...ow -....-u--::..llf....AY LlO III I ....11 .. TllACT FUll II J II I VDL... 4l5I. P'L 101 /. DJl.O.C.T'-4 " ~-- , I ......~I an 01 11E.COI.otIY I ..... .... ........ ..... I, It cc- 2001--7$11'.I IUUl.e.T. "'''', I ... I ""..1 rAllDlMUD aIlOIJ1OH ~3 lOT .. -.acl , lL3ZI _ lIIACT _ '2r1T04 PLIlI .. c-..,'._ 1M I'JLD.C.T. t PARENT TRACT SCALE: I' = 500' 00.. ". G'1",.01 ,... BASIS OF BEARING IS TEXAS COORIlINA TE SYSTEM. HAD 83. NORTH CENTRAL ZONE 142021 AS OBSERVED BY GPS USING THE CITY OF CARROLL TON MONUMNETS 10 8< 1'. A LEGAL OESCRIPTION ACCOMPANES THIS PLAT. .'~~;r~., -..-.....,'. ....:.~.::;;,;;;: LEGEND PROPOSED EASEMENT SET IRON ROO WI YELLOW PLAST~ CAP STAMPED 'HALFF ASSOC INC' r; Vz' SIR . V2" FIR FOUNO IRON ROO WI YELLOW PLAST~ CAP STAMPED 'HALFF ASSOC INC' PROPERTY LINE I ,I I I III 10' UTILlTYL89.JJ'47'E~VZ' I I I EASEMENT 25,00' FIll 35 I --- ----- '-:'. '. . V,'FII ----r---~..lf ' SJ.O'24'59'E . I .Vz'FII Y 2025' NOO'24'59'W II I i I' 1__.10.26' ___J ILl,. I I ~IO' RIGHT-OF-WAY DEDICATION - t -. H """"1 : I TO THE CITY OF CARROLL TON -r,:------- ., '.::\ I I: CAB. W,PG. 994 15' WATERLINE .\ I: I P.R.D.T.C. EASEMENT \ I I: I \ I 1\ \ I 8.402 S,F. \ \ \ 0.1929 ACRES , . ,\ ,; I \\.,,}~ \ \ J . .\--+--\:' ~ 25' EASEMENT ----\, \ \ \ \ ~ \.;. :....~.i \ \ \ TI \,..;;\ \ \ \ , ~.~~: \ '\\ 'I \f'.:\\ \ \ S7J'O~45~ft11' ,~m 25.00' 'L' " \ I r:; I ~ I f1 I 15' WATERLINE, H- I EASEMENT I I CAB. w. PG. 994 I I I P.R.D.C.T._.J I I L " I -, II I I II I 15' UTILITY EASEMENT I I I I TO THE CITY OF CARROLL TON I I VOL. 4400. PC. 288 I I ~~~~~ I I I I .U~~~~ 30'EASEMENT~ ~O. I ! I ! POINT OF COMMENCING A= 16'29'15" (RTl R= 1,110.00' T= 160.82' L= 319,42' LC= NOB'39'31' W 31B,32' I GU~~I" ~I ..." "-'0 S.1 .'~1 - . .,. 1':.~1"L'G \ ,,0' ------\ \ , A= 16'29'15" (L T) R= 1,085,00' T= 157,20' l= 312,22' LC= SOB'39'37'E 311.15' PARKER ROAD ADDITION PHASE 3 LOT 1. BLOCK 1 16.325 ACRE TRACT DOCUMENT .27970~ FILED IN CAB. W, PAGE 99~ P.R.D.C.T. \ \ ~ \ ~ \\ -0 \ ~ \ \ ~ \ -~\ ;/;\ \ , \ MUSTANG CARROLL\~ON PROP L TO \ 7.426 ACRE TRACT FILED IN \ CC' 98-71944 \ D.R.D.C.T. \ " " \ \ \ \ , EXHIBIT -AI 0.1929 ACRE WATER LINE EASEMENT PAGE 1 OF 1 OUT OF THE H. GROOMS SURVEY, A-44t, '. CITY OF CARROlLTON,DENTON COUNTY. TEX ' BY 'Co OF .,.~ HALFF ASSOCIATES o:>.<~\:;,\*S"..;;;;.:.r..,U' 4000 FOSSIL CREEK BL YD. .~~ .~~\ FORT WORTH, TEXAS 76137 l '\ "RO'BE'RT"L'."DAvis' . .............. ...., ............1'.... \0(1 5836 '<4. -.:? 0 + ';l ( ....~ f: S S \ c:....... -fll'/)........... ~(:i'. SUR'J~ """, ~ Robert DavIs. Reglatered Professional Land Surveyor. do hereby certIfy that thIs poreel was prepared from a s~~ made on the (/round under my supervlalo d dIre I ,,~ .n I GIVEN UNDER MY 0 Is t _ day of /~fA 2007. (~ ,~ \~ ,~ ,~ ,,~ ~~ ~ . i ~~ /' -;;.~r BY, Robert DavIs RegIstered Professlonol Land Surveyor State of Texas No.58J6 N t . .~ 5J..J,(,Qp ~ .,p~ 35' 0 44 o 25 SO 7S 100 I~O SCAlE IN FEET 1/22000S/22989/dgn/98geos09.don '5~ a.F' p~ !ii e S'