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Home My WebLink About1998-078\\CH WL\V0L1\eB& Bd\4Wr\WL\O r Brook doe \-I— ORDINANCE NO� AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF THE SOUTHEAST CORNER OF STATE HIGHWAY LOOP 288 AND FM 426 (EAST MCKINNEY STREET) AS IT PERTAINS TO LOT 1 AND 2, BLOCK A, PEBBLE BROOK ADDITION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the I Oh day of June, 1947, Delbert T Cruze and Ruth Cruze granted to Brazos River Transmission Electric Cooperative, Inc ("Brazos") a right-of-way easement (the "Ongmal Easement") for the construction, operation, and maintenance of an electric transmission or distribution line or system, upon a certain 65 5 acre tract of land being a part of the M E P & P R R Co Survey Abstract No 927, which is more particularly described in the Original Easement by metes and bounds and which Original Easement was filed on October 24, 1949 and recorded thereafter at Volume 357, Page 51 of the Deed Records of Denton County, Texas, and WHEREAS, on the 6s' day of October, 1980, Brazos conveyed to the City of Denton, all its right title, and interest in and to the Original Easement, by Assignment Of Easements (the "Assignment"), which Assignment was recorded at Volume 1106, Page 78 of the Deed Records of Denton County, Texas, and WHEREAS, the City of Denton is the lawful owner and holder of the Original Easement by virtue of the above -referenced assignment, and WHEREAS, One Pebble Brook, Ltd, which has preliminarily platted real property described as Lots 1 and 2, Block A, Pebble Brook Addition, as more particularly described in Exhibit "A" attached hereto and incorporated herewith by reference, which real property is situated within the 65 5 acre tract of land described in the Original Easement, and WHEREAS, the City of Denton has received a request for the vacation and abandonment of that portion of the Original Easement that covers the property described as Lots 1 and 2, Block A, Pebble Brook Addition, which is more particularly descnbed in Exhibit "A" attached hereto, and WHEREAS, the Planning & Zoning Commission of the City of Denton, Texas reviewed the requested vacation and abandonment, and recommended approval, and WHEREAS, the Council of the City of Denton Texas has determined that the portion of the nght-of-way easement being abandoned and vacated is no longer needed for public use, and WHEREAS, the fair market value of the nght-of-way easement has been determined and received, as required by Section 272 001 of the Texas Local Government Code, NOW, THEREFORE, \\O -WLWOU\vNr6d\d0pt\WL\Our poammce\octllvneae\PB\PaCDla Bceek tloa THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the right-of-way easement for Electric Transmission and Distribution Lines that covers the property described in Exhibit "A', attached hereto and incorporated herein by reference, is permanently abandoned, vacated and extinguished as a public easement as it pertains to Lot 1 and 2, Block A, Pebble Brook Addition to the City of Denton, Denton County, Texas SECTION II That by reason of such vacation, the City of Denton's property interest in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said real property as a public easement SECTION III That this ordinance shall become effective immediately upon its passage and approval PISSED AND APPROVED this the /7 -N day of 1 t ftA 4 , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY APP 0VED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 0 �n—L jA,5XIMILLER, MAYOR PAGE 2 EXHIBIT "A" 35715 ACRES `.T W/CAP 'OSl BE !T IENT FIELD NOTES to all that certain tract of land situated In the M E P 8 P Rallmad Company Survey, Abstract Number 927 In the City and County of Demon, Texas and being all of the called 35 7299 acre tract described In the deed from Southern union Company to Crap Irwin and Dale Irwin recolded under Clerks Fib Number 95-R0056853 of the Real Property Records, Denton County Texas, the subject treat being more particularly described as follows BEGINNING for the Northeast Comer of the tract being described herein at a 1rT Iron rod found for the Northeast Comer of said 35 7299 acre tract and the Northwest Comer of Lot 1 Martin Addition an addition in said City according to the Plat thereof, recorded In Cabinet B Page 71 of the Plat Records, Denton County, Texas and being In the monumented South line of East McVJnney Street also known as F M Highway 428 THENCE South 01 Degree 45 Minutes 00 Seconds West with the monumented East line of said 35 7299 acres at 039 3 feet (pat call 033 87 fast) passing 4 5 feet West of a 1/2' Iron rod found for the monumented Southwest Comer of said Lot vend continuing along sold course, along and near the remains of an old fenoe, In all a total distance of 1320 00 feel to the Southeast Comer of said 35 7299 acres In the middle of Pecan Creek, THENCE In a general Westerly direction with Ore South line of Bald 35 7299 acres with the meanders of said creek the following 7 courses and distances, 1 ) South 70 Degrees 55 Minute 39 Seconds West a distance of 112 78 feet 2 ) North 00 Degree 08 MlnNes 51 Seconds West a distance of 94 49 feet 3 ) South 64 Degrees 43 Minutes 49 Seconds West a distance of 129 41 feet, 4) North 80 Degrees 20 Minutes 55 Seconds Weal a distance of 11164 feet 5) South 86 Degree 54 Minute 35 Seconds West a distance of 138 37 feet 8) North 89 Degree 29 Minutes 52 Seconds West a distance of 470 47 feet 7) South 73 Degrees 32 Minute 23 SOWN$ West a distance of 381 17 feet to the Southwest Comer of said 35 7299 acre tract in the East line of Loop 288, THENCE North 01 Degree 12 Minutes 32 Seconds East with sold East line and the West line of said 35 7299 acres at a distance of 283 59 feet passing the middle of a called 20 foot wide sanitary sower easement described In the deed to the Coy of Demon, recorded In Volume 405 Page 219 Deed Records and continuing along said course In all a total distance of 353 39 fast to a wood fight -of -way post for an angle point In said line THENCE North 00 Degrees 40 Minute 32 Seconds West continuing along said line a distance of 2W 48 feet to a 1/2' Iron rod found for the most Westerly Northwest Cotner of Sad 35 7299 acre tract and the Southwest Comer of The called 9 917 acre trap described In the deed to Dons J Beavers recorded In Volume 3373 Page 10 Real Property Records, THENCE North 87 Degrees 21 Minutes 59 Seconds East a distance of 5 07 feet to a 5/8' Iron rod found for an angle point In the Weal line of said Irwin tract being the beginning of a curve to the left, having a radius of 450 00 feet THENCE in a Norlhessierdy direction a" the are of ed curve, being the proposed Northerly right-of-way line of a 60 foot 00114010f street, an arc distance of 47114 feet (chord bearing of North 81 Degrees 15 Minutes 44 Seconds East a distance of 449 02 feed to a SW bon rod found for the end of and curve THENCE North $t Degree 10 Minutes 06 Seconds East continuing along said line a distance of 364 30 feet to a 5/8' Iran rod found for an angle point in said line, THENCE North 31 Degrees 01 Minute 47 Seconds East continuing again a" said lie a distance of 433 62 feet to a i/Y Iron rod found for the Southeast Caner of the J 8 Addition an addition In said City according to the Plat thereof, recorded In Cabinet D Pape 1911. Plat Records, THENCE North 28 Degrees 57 Minute 26 Seconds East with the Easterly line of sad Addition and the Westerly line Of Said Iran tract a distance of 10153 feet to a IW Iron rod found for The Northwest Comer of said Irwin tract and the Northeast Comer of sold Addition In tie S" one of said East MWjrley Street, THENCE Soft 62 DOW" 23 MkMes 48 Seconds East with the So01h fine of said Strad and the North fine of said 35 of a 2curve99 a c tM loft, having distance Of radius of o p o feet 11011 fact copped near a wood fight -of -way way pet for the beginning THENCE along the arc of sold curve along said Street an arc distance of 125 41 feet (chord bearing South 85 Degrees 07 Minute 06 Seconds East a distance of 125 38 feet) to the PLACE OF BEGINNING and enclosing 35 715 acres of land, These Fled Notes with the accompanying sketch were prepared from an on-theground Survey made under my 88sOmdirection and except supervision on November 12 1997 There are no visible or apparent Intrusioe, protrusions or easements except as Shown ch el Jel J Kem R P L,g No 4150 Di/ /� 7 NOTE Only the following aaements supplied to me have been reviewed and are addressed as fo9ows Vol 485 Page 219 28' wde sanitary sewer easement to the City of Donlon, affects as shown Vol 357 Pp 51 blanket type to Brazos River Transmission Electric Coop des affect this tract, however no visible sign of transmission line crosses this tract FLOOD STATEMENT 1 have examined the F E M A Flood Insurance Rate Map for the City of Demon Community No 480194 effective date August 4, 1987 and that map Indicates that a portion of this tract Is within an Identified flood zone (zone AE) as shown on Panels 10D and 200 of said map and as indicated hereon PAGE 1 OF 3 C TRIC EnHONL z� J 6 N", ||: <� � \ x ; , �( z^ 1) T® a | El2'! 2<§■ W. $�� . !; . ) _,. / _§ 0 Rs 2 OF 3 ,! °} � 8 � § m � 99Z 72 �} ORIOLE F711 I BOB_O- C ilyK L= HUMMINGBIRD cr a -----__ o Fq � m S p MO�riy�FY g N a Existing Power Line ec c Easement Corridor SITE MORSE N GE 3 OF 3 / v / 4U61j U { u4u CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 025462 I, the undersigned City Secretary of the City of Denton, Texas, (the "City") DO HEREBY CERTIFY that according to the records of the City of which I am custodian, that the attached is a true and accurate copy of Ordinance No 98-078 as approved by the City of Denton City Council on March 17, 1998 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 2nd day of April, 1998 CI77SECRFfARY ! OF DENTON, TEXAS �ti�, }Er 4UbJ U1U41 \\cX LOL\vOLl\eNvtl\tl�p[\IAL\Ouc Deoumnu\O[tllvnco\9B\P�EbL Bccok tloc ORDINANCE NO 92-69g AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF THE SOUTHEAST CORNER OF STATE HIGHWAY LOOP 288 AND FM 426 (EAST MCKINNEY STREET) AS IT PERTAINS TO LOT 1 AND 2, BLOCK A, PEBBLE BROOK ADDITION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 10s' day of June, 1947, Delbert T Cruze and Ruth Cruze granted to Brazos River Transmission Electric Cooperative, Inc ("Brazos") a right-of-way easement (the "Original Easement") for the construction, operation, and maintenance of an electric transmission or distribution line or system, upon a certain 65 5 acre tract of land being a part of the M E P & P RR Co Survey Abstract No 927, winch is more particularly described in the Original Easement by metes and bounds and which Original Easement was filed on October 24, 1949 and recorded thereafter at Volume 357, Page 51 of the Deed Records of Denton County, Texas, and WHEREAS, on the 6s' day of October, 1980, Brazos conveyed to the City of Denton, all its right title, and interest in and to the Original Easement, by Assignment Of Easements (the "Assignment'), which Assignment was recorded at Volume 1106, Page 78 of the Deed Records of Denton County, Texas, and WHEREAS, the City of Denton is the lawful owner and holder of the Original Easement by virtue of the above -referenced assignment, and WHEREAS, One Pebble Brook, Ltd, which has preliminarily platted real property described as Lots 1 and 2, Block A, Pebble Brook Addition, as more particularly described in Exhibit "A' attached hereto and incorporated herewith by reference, which real property is situated within the 65 5 acre tract of land described in the Original Easement, and WHEREAS, the City of Denton has received a request for the vacation and abandonment of that portion of the Original Easement that covers the property described as Lots I and 2, Block A, Pebble Brook Addition, which is more particularly described in Exhibit "A" attached hereto, and WHEREAS, the Planning & Zoning Commission of the City of Denton, Texas reviewed the requested vacation and abandonment, and recommended approval, and WHEREAS, the Council of the City of Denton Texas has determined that the portion of the nght-of-way easement being abandoned and vacated is no longer needed for public use, and WHEREAS, the fair market value of the right-of-way easement has been determined and received, as required by Section 272 001 of the Texas Local Government Code, NOW, THEREFORE, \\CN WL\VOLl\eNCBd\d.,r\.L\Ook Oaewsnra\0kdLumu\9B\Pebble Brook doo THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SACTION I That the right-of-way easement for Electric Transmission and Distribution Lines that covers the property described in Exhibit "A", attached hereto and incorporated herein by reference, is permanently abandoned, vacated and extinguished as a public easement as it pertains to Lot I and 2, Block A, Pebble Brook Addition to the City of Denton, Denton County, Texas SECTION II That by reason of such vacation, the City of Denton's property interest in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated Portion of said real property as a public easement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /1. day of 1 Y `ftXCJ- , 1998 J MILLER MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APP OVED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT "A" b J Qti J 35 715 ACRES ET W/CAP POST THE ❑T 'ENT FIELD NOTES to all that certain tract of land shunted In the M E P a P Railroad Company Survey Abstract Number 927 In the City and County of Damon Texas and being all of the called 35 7290 acre tract deecdbed In the deed from Southern Union Company to Craig Irwin and Dale Irwin recorded under Cledre FIN Number 9SR0055853 of the Real Property Records, Demon County, Texas the subject tract being more particularly described as follows BEGINNING for the Northeast Comer of the tract being described herein at a 1/7 Iron rod found for the Northeast Comer of sold 35 7299 Sae tract and the Northwest Comer of Lot 1 Martin Addition an addition In said City according to the PIN thereof recorded In Cabinet B Page 71 of the Plat Records Demon County Texas and being In the mon4mented South line of East McKinney Street also known as F M Highway 428, THENCE South Ot Degrees 45 Minutes 00 Seconds West with the monumented East line of sold 35 7299 acres at 639 3 fast (plat call 033 87 (en) passing 4 5 fast West of a 1/24 Iron rod found for the monumented Southwest Comer of sold Lot 1 and continuing along sold course, a" and near the remains of an old fence, In all, a total distance of 1320 00 feet to the Southeast Comer of sold 35 7299 Sorest In the middle of Pecan Creek THENCE In a general Westerly direction with the South line of sold 35 7299 acres with the meanders of said creek the following 7 courses and distances, 1 ) South 70 Degrees 55 Minutes 39 Seconds Wag a distance of 112 78 feet 2 ) North 66 Degrees 00 Minutes 51 Seconds WON a distance of 94 49 fen 3) Soulh�64 Degrees 43 Minutes 49 Seconds West a distance of 129 41 fen, 4 ) North 160 Dogma 28 Minutiae 55 Secohds West a distance of 117 54 fen 5 ) South106 Degrees 54 Minutes 33 Seconds Weal a distance of 138 37 fan 8 ) North 69 Degrees 29 Minutes 52 Seconds West a distance of 470 47 fen, 7 ) South 73 Degrees 32 Minutes 23 Seconds West a distance of 381 17 fen to the Southwest Comer of sad 35 7299 acre tract In the East Ihro of Loop 288, THENCEI North 01 Degrees 12 Minutes 32 Seconds East with said East line and the West line of sold 35 7299 acres at a distance of 283 69 last paeYng the middle of a called 20 fool wide sanitary sewer easement described In the dead to the City of Denton recorded In Volume 485 Page 219 Deed Records and continuing along sold course In all a total distance of 353 39 foot to a wood rlgM-ohwray post for an angle point In said Ile THENCE North 00 Degrees 40 Minutes 32 Seconds West continuing along said line a distance of 280 48 too to a 1/2' Iron rod found for the most Westerly Northwest Comer of said 35 7209 acre trod and the Southwest Comer of the Called 9 017 acre trod described In the 090 to Dana J Beavers recorded In Volume 3373 Page 10 Real Property Records THENCE North 87 Degrees 21 Minutes 50 Seconds East a distance of 5 07 fen to a sw iron rod found for an angle Point In the WON line of said Irwin tract being the beginning of a curve to the left having a radius of 450 00 feet THENCE In a Northeasterly direction aWq the are of said curve, being 1st proposed Northerly rlpM-of-wey line of a 60 foot ootlSctor Street, an are distance of 47114 feel (prom bearing of North 81 Degrees 15 Minutes 44 Seconds East a distance of 449 92 Nag to a 5W Iron rod found for the and of Sold curve, THENCE North 31 Depress 1S Minutes 05 Seconds East continuing along Sold the a distance of 364 30 feet to a 5/e, Iron rod found for an angle poled In Soy fine, THENCE North 31 Ogress 01 Minutes 47 Seconds East ornunuing again slag Sold Ane a distance of 433 62 feel to a IrX iron rod found for the 80uthe01l Comer of the J B Addition an addition In Soy City, according to the Plat thereof, recorded In Cabinet D Paps 1911, Putt Records, THENCE North 26 Dogma 67 Minutes 25 Seconds East with the Easterly line of sold Addition Slid the Westerly line Of Sold Ind Iran a distance of 10153 Not N a 1W Imn rod found for the Northwest COrW of Sold Irwin tract and the NathesotComar of Sold AdrOONt In 1st Bad this of Sold East MStonnsy Stmi, THENCE Bouth62 Degrees 26 Minutes 48 seco des go with tot a" One of sold Barest and the North fine of Sold 35 7269 Sara tract a dleanoe of 469.31 feet to a capped porn rod set near a wood riphlof-way poet for the beglnnkg Of a Cumllo the Iert, having a redha of 1319 Sit feet, THENCE along the arc of Sold curve Nag said Bheot an arc distance of 125 4/ fan (chord bearing South 05 DOOM" 07 MlnutSo 05 Seconds East a dlgwm of 125 36 feet) to the PUCE OF BEGINNING sad enclosing 35 715 acres of land These Field Noes with the OCCOMPNging sketch were prepared from an on-thapmurd survey made under my direction and supervision on November 12 1907 There are no visible or apparent Intrusions, protrusions or easements except as shown cn el J Kem R P LLS No 4411 SBr i' NOTE Only the 1011fthg easements supplied to me have been reviewed and are addressed as follows Vol 485 Pape 219 28' wlds sanitary sewer eeaemem 10 the City of Demon affects as shown Vol 357 PO 51 blanket typype to Brazos River Tranomhalon Electric Coop does affect this tract, however no visible sign of transmission One 0rose the tract FLOOD STATEMENT, I have examined the F E M A Flood Insurance Rate Map for the City of Demon Community No 460194 effective date August 4 1987 and that map Indicates that a portion of this trap Is within an Identified rood zone(zone AE) ea Shown on Panels 100 and 20D of sad map and as indicated hereon PAGE l OF 1 e LCTPI� EI 11 AL i a / / r / J / g a3Y 4_ E �J s rx r Y - q�a 9 a [2 Ia ae �d .00rortl �,�_ tao as los \� _ PAGE 2 OF 3 11 I I I I I I d 1 I I 1 � I I k I I I I I 1 1 I I I I JN`2 1 II W 1 I I I I v 1 rar �e I ORIOLE BOB�O'CiNK (� HUMMINGBIRD 0 Q O z Fq � m s p Mc��N�Fr g N a Existing Power Line a $ Easement Corridor -' I SITE MORSE N FGE30F3 ANfI IA6iotlC IUEU r,[Al trdGrFt e NFNSQ/TOYAS`PCENLLEUq#P • ..M.K\ UIBIPdNln6ii111nlInN9fflE}iIhlL�l iilp PEGy EaleBnO tlmecamwaM1eren" me anCwnt•ukCOPp Mlhe py6LePx.acen', , .,L .'• •• n �,ux4s ewon APR 0 21998 r' iN®R DLNTON LOUNIY,m1X rd in' HONORABLE TIM HODGLUCOUNTY CLLM On An 02 1998 At 1t:22am Doc/Hum 98-R0025462 ON Doc/Type : 15 00 Recording: Duc/Mgmt 6 00 Receipt 0°51{LlL[Y11807 Dwpu y