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HomeMy WebLinkAbout2011-224sAlegal\our documents\ordinances\11\unicom lake estates easement abandonment ordinance.doc ORDINANCE NO. 2011-224 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS ("CITY") TO EXECUTE FOR AND ON BEHALF OF THE CITY AN EASEMENT ABANDONMENT AGREEMENT ("AGREEMENT"), BY AND BETWEEN ULE, LLC AND THE CITY, CONTEMPLATING THE (I) ABANDONMENT OF THAT CERTAIN PUBLIC DRAINAGE EASEMENT, DATED SEPTEMBER 17, 2002, FROM WESTMINSTER LTD. TO THE CITY OF DENTON, TEXAS, RECORDED AT VOLUME 5238, PAGE 3740, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; (II) PARTIAL ABANDONMENT OF THAT CERTAIN SANITARY SEWER EASEMENT, DATED JUNE 1, 1998, FROM WESTMINSTER, LTD. TO THE CITY OF DENTON, TEXAS, RECORDED AT VOLUME 4103, PAGE 1495, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; AND (III) ABANDONMENT OF THAT CERTAIN SANITARY SEWER EASEMENT, DATED NOVEMBER 19, 1968, FROM HAROLD E. HARMAN TO THE CITY OF DENTON, TEXAS, RECORDED AT VOLUME 578, PAGE 332, DEED RECORDS OF DENTON COUNTY, TEXAS, UPON THE TERMS AND CONDITIONS PROVIDED IN THE AGREEMENT, AND AFFECTING LANDS LOCATED IN THE BENJAMIN LEWIS SURVEY, ABSTRACT NO. 769 AND THE JEREMIAH FISHER SURVEY, ABSTRACT NO. 421, DENTON COUNTY, TEXAS, ALL AS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Easement Abandonment Agreement (the "Agreement"), between the City of Denton, Texas and ULE, LLC, a Texas limited liability company, in the form as attached hereto and made part of this ordinance for all purposes, is hereby approved. SECTION 2. The City Manager of the City, or his designee, is hereby authorized to execute the Agreement and, upon the completion and satisfaction of all conditions prescribed in the Agreement, the Release (as defined in the Agreement), for and on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. - PASSED AND APPROVED this the �` day of , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: 9---, Page 2 SAUgal%Our Documenlsl0rdinanessl1 lWtucorn Lake Estates Easement Abandonment Ordinance.doc s,llegal\our documents\contracts\11\unicorn lake estates easement abandonment agreement 10 04 11.doc EASEMENT ABANDONMENT AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and ULE, LLC, a Texas limited liability company (the "Landowner"). WHEREAS, the Landowner has made an application to the City requesting the (i) abandonment of that certain 0.582 Acre Public Drainage Easement (herein so called), dated September 17, 2002, from Westminster Ltd, to the City of Denton, Texas, recorded under Volume 5238, Page 3740, Real Property Records, Denton County, Texas; (ii) partial abandonment of that certain 1.265 Acre Sanitary Sewer Easement (herein so called), dated June 1, 1998, from Westminster, Ltd. to the City of Denton, Texas, recorded under Volume 4103, Page 1495, Real Property Records, Denton County, Texas, INSOFAR. AND ONLY INSOFAR as the 1.265 acre Sanitary Sewer Easement covers and encumbers the lands described on Exhibit "A", attached hereto and made a part hereof, LESS and EXCEPT (a) that certain 0.012 acre tract being described and depicted on Exhibit "B", attached hereto and made a part hereof, and (b) that certain 0.003 acre tract being described and depicted on Exhibit "C", attached hereto and made a part hereof; and (iii) abandonment of that certain Sanitary Sewer Easement (herein so called), dated November 19, 1968, from Harold E. Harman to the City of Denton, Texas, recorded under Volume 578, Page 332, Deed Records, Denton County, Texas, to the extent not previously vacated and abandoned by the City pursuant to the Prior Ordinance, as defined below; WHEREAS, a portion of that certain Sanitary Sewer Easement was previously vacated and abandoned by the City pursuant to that certain Ordinance No. 99-083 (the "Prior Ordinance"); WHEREAS, (i) the lands covered and encumbered by the 0.582 Acre Public Drainage Easement; (ii) the lands described on Exhibit "A", attached hereto, LESS and EXCEPT (a) that certain 0.012 acre tract being described and depicted on Exhibit "B", attached hereto and made a part hereof, and (b) that certain 0.003 acre tract being described and depicted on Exhibit "C", attached hereto and made a part hereof, said lands being a portion of the lands covered and encumbered by the 1.265 Acre Sanitary Sewer Easement; and (iii) the lands covered and encumbered by the Sanitary Sewer Easement, to the extent not previously vacated and abandoned by the Prior Ordinance, are herein collectively called the "Abandonment Area"; and WHEREAS, the 0.582 Acre Public Drainage Easement, the 1.265 Acre Sanitary Sewer Easement and the Sanitary Sewer Easement are collectively referred to herein as the "Existing Easements"; and WHEREAS, the Landowner is successor in interest in the Abandonment Area to Westminster Ltd (sometimes called Westminster, Ltd.) and Harold E. Harman; and WHEREAS, staff has reviewed the abandonment application of Landowner and is amenable to abandoning the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, upon the terms and conditions provided herein; and Page 2 WHEREAS, the Landowner has agreed to dedicate New Easements (herein so called) for the public facilities and public drainage improvements (the "New Facilities") as now shown on the pending Final Plat for The Unicorn Lake Estates Addition (the "Addition"), illustrated in Exhibit I'D", attached hereto and made a part hereof for all purposes, and WHEREAS, along with the dedication of the New Easements, the Landowner has agreed to (i) abandon in place or remove the applicable portions of the existing utilities, facilities and any infrastructure related to same from the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, as provided in the construction plans for the Addition, as approved by the City (the "Abandoned Facilities"); and (ii) construct the New Facilities within the New Easements, all activities to be conducted in accordance with all City ordinances, rules, regulations, criteria manuals, approved plans and any other document or material pertaining or relating to such improvements and/or the construction of same and the terms hereof, all as more particularly described below; and WHEREAS, the City is amenable to the abandonment of the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, upon the realignment, relocation and acceptance by the City of the New Facilities within the New Easements and satisfaction of other conditions and obligations set forth in this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which Page 3 is hereby acknowledged by City and Landowner, the City and Landowner hereby agree as follows: 1. (a) The City shall abandon the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, upon (i) acceptance of the Final Plat of the Addition by the City of Denton, Texas and the recordation of same in the Real Property Records of Denton County, Texas; (ii) the removal or abandonment by Landowner of the Abandoned Facilities from the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area, as provided in the construction plans for the Addition, as approved by the City; (iii) construction by Landowner and acceptance by the City of the New Facilities within the New Easements; and (iv) compliance with all other terms and conditions set forth in this Agreement (the conditions provided in Section. 1.(a) (i) — (iv) are collectively referred to herein as the "Landowner Conditions"). All activities related to the Landowner Conditions shall be conducted in accordance with all City ordinances, rules, regulations, criteria manuals, approved plans and any other document or material pertaining or relating to such improvements and/or the construction of same and shall have been inspected and accepted by the City, in its sole discretion, all in accordance with the terms hereof, (b) Notwithstanding anything to the contrary herein, nothing contained herein shall affect, and the City hereby retains and reserves, any and all rights it or the public may have or claim in all other easements and/or rights of way, including without limitation, street rights of way and utility easements, whether conveyed by other instruments, dedication or established by Page 4 plat, implied dedication or acquired or claimed by prescription, or by any other means, method or process, in which the Abandonment Area may cover, include, cross and/or overlap (the "Non - Released Interests"). (c) The New Facilities must be inspected and accepted by the City prior to the City's abandonment of the Existing Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area. The City Manager, or his designee is hereby authorized to execute and deliver to Landowner an Abandonment and Release of Easements, INSOFAR AND ONLY INSOFAR as the Existing Easements cover and encumber the Abandonment Area (the "Release"), substantially in the form as attached hereto as Exhibit "E", less and except and reserving the Non -Released Interests, upon and only upon the timely fulfillment of all of the conditions prescribed herein, including without limitation, the Landowner Conditions. (d) Owner shall complete all Landowner Conditions to the satisfaction of the City on or before two (2) years after the effective date of this Agreement. In the event such activities shall not be timely performed, as provided herein, Landowner shall be in default hereunder, and in addition to the rights and remedies provided to City herein, the City may at its option terminate this Agreement. 2. Notwithstanding anything herein to the contrary, Landowner shall not take or allow to occur any action that may affect or disturb the sanitary sewer line now existing within Page 5 the Existing Easements prior to the completion and acceptance of the New Facilities, as prescribed by this Agreement. 3. Landowner, at its sole cost and expense, shall perform, or shall cause to be performed within the times prescribed herein (i) the activities related to the removal of the Abandoned Facilities; and (ii) the activities related to the construction of the New Facilities within the New Easements (collectively, the "Work"), in a good and workman like manner and in conformance with sound and accepted engineering and construction activity practices. In performing the Work, or causing the Work to be performed, the Landowner shall at all times perform such activities in a safe manner and in full compliance with all applicable federal, state, local, municipal or other laws, statutes, codes, restrictions, regulations, criteria manuals, approved plans, ordinances, resolutions, orders and the terms hereof. Landowner agrees to perform the Work, or cause the Work to be performed, in a diligent manner and restore the lands encumbered by the New Easements and the Existing Easements to as near as reasonably practicable its condition prior to the commencement of the Work. 4. Landowner represents and warrants to City that (i) Landowner has taken any and all actions necessary to bind Landowner to all terms and provisions of this Agreement; (ii) the parry executing this Agreement on behalf of the Landowner has the authority to bind Landowner to all terms and provisions of this Agreement; (iii) this Agreement is enforceable against Landowner in accordance with the terms and provisions herein; and (iv) Landowner is the successor in interest to all rights, interests and obligations of Harold E. Harmon as described in the Sanitary Sewer Easement, as to the Abandonment Area. Page 6 5. THE LAWS OF . THE STATE OF TEXAS SHALL APPLY TO THIS AGREEMENT WITHOUT REGARD TO CONFLICT OF LAW RULES THAT MAY DIRECT APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL LIE EXCLUSIVELY IN COURTS OF COMPETENT JURISDICTION IN DENTON COUNTY, TEXAS. 6. In the event Landowner shall default in the performance of any term or provision of this Agreement, the City may, if said default shall be continuing after five (5) days notice of the default is deemed received by Landowner, enforce any and all rights and remedies available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. 7. Any notice prescribed by this Agreement shall be deemed properly served if (i) provided by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right to designate a different address by notice given in the manner just described. Notice shall be deemed received when delivered if provided by telephonic facsimile, or if deposited in the United States mail, three (3) days after depositing such notice in the United States mail, as described above. For City: Paul Williamson, Real Estate Manager Page 7 215 E, McKinney Denton, TX 76201 Facsimile No. (940) 349-8951 For Landowner: v ; ✓�.a Tx � Ss� plc `. T( I' J l Q i � 8. This Agreement and all terms and conditions hereof run with the land. The terms and provisions hereof are binding upon, and shall inure to the benefit of, the City and Landowner, and their successors and assigns. 9. This Agreement represents, including the exhibits hereto, the sole agreement between the City and Landowner with respect to the subject matter herein and supersedes any and all prior negotiations, understandings, representations and other agreements, whether written or oral, This Agreement may not be modified or amended except in writing and duly authorized and executed by each party hereto. 10. All covenants, representations and warranties of Landowner shall survive the termination or expiration of this Agreement and shall not in any event merge with the Release. Page 8 In Witness Whereof, this Agreement has been executed by the parties to be effective this ,day of , 2011. CITY OF DENTON By: ��-- GEORdt C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS T LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: /�I ULE, LLC, a Texas limited liability company NAME: 1 c r-t- [A.i „ hii o+,Jl — .j 1 TITLE: 4 e r �r 7F I, S C6,�-ed,, t 0 AMA. Page 9 Dick, Christine A. From: Laird, Mark A. Sent: Thursday, October 27, 2011 2:58 PM To: Casner, Richard K; Dick, Christine A. Subject: ULE - Easement Abandonment Agreement Attachments: Easement Abandonment Agreement_10_27_11.pdf; Easement Abandonment Agreement_10 _28_11. pdf Attached are copies of the executed Agreement. The attached document "Easement Abandonment Agreement 10_27_11" is what was sent to me today illustrating the correct title of Mr. Mitchell. The attached document "Easement Abandonment Agreement 10_28_11" is what the hard copies will look like after we receive them tomorrow. And the email below is where Mr. Mitchell granted me permission to make the changes to the Agreement. Mark Laird From: terry.mitchell@contrastdevelopment.com [ma iIto: terry.mitchell@contrastdevelopment.com] Sent: Thursday, October 27, 2011 2:15 PM To: Laird, Mark A. Subject: RE: Unicorn Lake Estates - Easement Abandonment Here is the revised signature page with "Member" instead of "Principal'. Since I have already mailed the three originals, when you receive them, please scratch through the word "Principal' and write in the word "Member" on each copy. Thanks. Terry W -Mitchell, P.E. Principal Contrast Development 300 E. John Carpenter Fwy. Suite 940 Irving, TX 75062 214-212-6326 terry.mitchell@contrastdevelopment.com "EXHIBIT "A" to Easement Abandonment THE STATE OF TEXAS,) KNOW ALL MEN BY THESE PRESVNTS: COUNTY OF DFNTON 045852 THAT WF-STMfNSTER, LTD. (GRANTOR), in consideration of the sum of $1.00 (ONE DOLLAR) and other good and valuable consideration in hand paid by THE CITY OF DENTON (GRANTEE) receipt ofwhich is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to GRANTEE, the free and uninterrupted use, fib" and privilege for the passage in, along, upon and GRANTED across the following dewrlhod property, SEL EXHIBIT "A", Attached hereto owned by GRANTOR, Situated In Df:NTON County. Texas in the BENJAMIN LEWIS Survey, Abstract No. 769. and the JEREMIA14 FISHER Survey, Abstract No. 421, And It Is further agreed that the said ORANTI?f: in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be tbund upon said property. For the purpose of A SANITARY SEWER EASEMF'NT in, along, upon and across amid premises, with the right and privileged at all times of the grantea herein, his or Its agents, employees, workmen and representatives having ingress, egress, and rogress in, along, upon and across said premises for the purpose of making additions to. Improvements on and repairs to the said $ANITARY SEWER EASEMENT or any part thereof, TO HAVE AND TO HOLD unto the said GRANTEE as aforesaid for the purposes afomisaid the premises above described, Witness my hand, this the lit.. day of June_ , A.D. 19 9 S. Westminster Ltd. by Bob Sheltqp General partner ACANOWLCDOWNT Ins NTATE Of TE Coum OP .... De9lY on .... I ORFORS Me. tite rmdandanod ertdmlty. ortflur dityO 41Y gmww --Hab� -B":l$On ................... . ...................... ........... bWNtt W me>p f a the p'm—w— I.. ....... wimsa name • , . , • . , .+uldoN6cd to the tbragolna inebttetord Wad aakreawtodied Ia tter thK he . , ......... Wmufad iho tarns for dw pwpmm and cmmomuo ftnin wd. giVl;N UNDUE MY HAND Awl S cH,'rh4� k' of .: JI6AQ, .y,...... , A.D.19 iY.......... L tX,{t� . /. (• t fkl7 A..J .............. ... t�1 ' Ala fx104 Notify Fubll;. to and aoa dto aide of Mr amllkn ¢pirwow, acwp, , . ,•� rK4,9r . , .... , .. , COWOMTION ACXNGwLWQM&W TU STATE OPT111" coulTry W .................. . I 9BF01111 Ma, the w4wiynod etithenty, on 1hU d►y por"gly eppeued................................................ ........................ .......... known to rde to be ft Poo and ottletr tvll0ea Gems b cubscrlbed N fh0 hro9oLta t11ae11RMM and aoltwNledksd (o oY tital lira aYaa was the act of 91e said a oatpormfan, and Gut be axaotaed rho taste re dw to of etta corporation Ibr dw purposes and coroidamuea thaein toryMMd. end In the aapaolly thowln trued. 01V8NUNDER MYHMO AND UAL Of0MCa.Title .. dayof -. A.D.f4 _.......... (L.9.) Nolery Public, lh end for the Sow of Texu, Mycommialon sxptroe .................. . ..... .. CL09'8 CERTIVICATC TUR SPATE OFTLx" COUNTY OF .. , ... , , .... Co' Clerk oftho County Court of Wd Coin, do haroby certify that the lbreaolna Irnutomm of writing dated on the . , ..... ...... dey of .... ........... . . ..... A.O. 19 .... .. . , whh Its Cer4Aata of AuewrultutiM was aWd fbr record ►n my office on dw .... ... day of .......... , A.D. 19 . ...... , at . ..... . , ,'clock ...... . M . end duly rcmrded lhh day at A.D. 14 . . .... , u .... .. o'clock . ...... M., in dw ...... ...... Rmnilsoftald County, In Volume onpaam "Sisa MY RAND AND SNAL OP TIMCOUMfY COURT offeld Cuwtty. at umae to ............ .......... ....... .. . . . ........ ........ . . the day sad year tut,bow Ndiean County Clerk ..... . , ..... County. Texas nY , neputy "EXHIBIT "A" to Easement Abandonment Agreement" we 4103 01496 EXHIBIT "A" 20' WIDE SANITARY SEWER EASEMENT BEING A 20' WIDE SANITARY SEWER EASEMENT SITUATED IN THE BENJAMIN LEWIS SURVEY, ABSTRACT NO.760 AND THE JEREMIAH FISHER SURVEY, ABSTRACT NO.421, IN THE CITY OF DENTON, DENTON COUNTY, TEMS, AND BEING A PORTION OF TRACT I AS DESCRIBED IN DEED TO WESTMINSTER, LTD., AS RECORDED IN COUNTY CLERK'S FILE NO, 97•110019209 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS {D,R,D.C.T,). SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2' IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT 1, BEING THE COMMON SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO VSRL LYBBERT AND CHRIS LYSSERT AND WIFE KATHERINE LYSBERT, RECORDED IN VOLUME 3463, PAGE 878, 0,R.0.C,T., SAID POINT BEING IN THE COMMON WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED TO DENTON SECURITY INVESTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO.94-ROO22697, D.R.D.C.T.; THENCE ALONG SAID WEST LINE AND THE COMMON EAST LINE OF SAID TRACT 1 THE FOLLOWING TWO (2) COURSES AND DISTANCES, S 00°28'46' W, A DISTANCE OFF 333.34 FEET TO THE POINT OF BEGINNING; S 00026'46' W, A DISTANCE OF 21,55 FEET TO A POINT FOR CORNER; THENCE DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID TRACT 1 THE FOLLOWING SEVENTEEN (M COURSES AND DISTANCES; S 68638'44' W, A DISTANCE OF 623,79 FEET TO A POINT FOR CORNER; S 69159'47' W, A DISTANCE OF 611.69 FEET TO A POINT FOR CORNER; S 0090043' 1;, A DISTANCE OF 6W.14 FEET TO A POINT FOR CORNER; 8 44059'47' W, A DISTANCE OF 29.60 FEET TO A POINT FOR CORNER; S 69489147' W, A DISTANCE OF W0.40 FEET TO A POINT FOR CORNER; 8 58°14'47' W, A DISTANCE OF 16.05 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 509.09 FEET, A DELTA ANGLE OF 21 °6213', A LONG CHORD THAT BEARS 8 10665'63' W A DISTANCE OF 193.16 FEET, AN ARC DISTANCE OF 184.33 FEET TO A POINT FOR CORNER; S 00100' 13' E, A DISTANCE OF 107.00 FEET TO A POINT FOR CORNER; S 89969'47' W, A DISTANCE OF 20.00 FEEL' TO A POINT FOR CORNER; VEFT 1 OF 3 ]AL&M4 OMMATAA147OXOMM "EXHIBIT "A" to Easement Abandonment Agreement" woo 3w �I.Y7iE;b'sU,'ie;i�+i",1".r��W:•a�..wr��.ytir��";JStp�i'v•:crC.:w.,.!�..., •_ _ _. ( v 01497 1 , N 0000043' VV, A DISTANCE OF 197.00 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 629.09 FEET, A DELTA ANGLE OF 22132'48 A LONQ CHORD THAT BEARS N 11 "1610" E A DISTANCE OF 908.W FEET, AN AFIC DISTANCE OF 908.20 FEET TO A POINT FOR CORNER; N 68014'47' E, A DISTANCE OF 30,84 FEET TO A POINT FOR CORNER; N 89069'47' E, A DISTANCE OF 8W.18 FEE(' TO A POINT FOR CORNER; N 44#W47' E, A DISTANCE OF 19,93 FEET TO A POINT FOR CORNER; N 0000013' W, A DISTANCE OF 610,86 FEET TO A POINT FOR CORNER; N 890S9'47' E, A DISTANCE OF US.11 FEET TO A POINT FOR CORNER; N 88038'44' E, A DISTANCE OF 628.03 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.26 ACRES OF LAND, MORE OR LOS. 9HEer 2 OF 3 i A01.G106tN701YM7AWrQ1I00 MA "EXHIBIT "A" to Easement Abandonment Agreement' I. i nlA 0.4 49' ins i "EXHIBIT .,A,. to Casement Abandonment Agreement" 4103 01499 iA4 . 0 i I FNi1pr foor R`cgrd thl HDNgTRAOLEUTIN HOD699/COUNTY CLERK QQgg D)l Juntif 19% Doc/Nupep i 98-RIMAUl Recordinpl 11.86 Doc/Mgrt 1 6.08 Recoi t qt 1968y Dapu�y � Cheryl "EXHIBIT "B" to Easement Abandonment Agreement" BEING a tract of land out of the B. Lewis Survey, Abstract No. 769, in the City of Denton, Denton County, Texas, being part of the 26.746 acre tract of land described In deed to ULE, LLC recorded in Instrument No. 2011-11586 of the Official Records of Denton County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron rod set with a plastic cap stamped "KHA" (hereinafter called 5/8" Iron rod set) for the intersection of the south line of said 26.746 acre tract and the west right-of-way line of Sombrero Drive (50' ROW); THENCE with the south line of said 26.746 acre tract, South 89"6W21" East, a distance of 14.96 feet to a point In the west line of a Sanitary Sewer Easement recorded in Volume 4103, Page 768 of the Real Property Records of Denton County, Texas; THENCE leaving said south line and with said west line, North 00°02'10" East, a distance of 80.74 feet to the POINT OF BEGINNING; THENCE continuing with said west line, North 00'02'10" East, a distance of 49.26 feet to a point for corner; THENCE leaving the west line of said Sanitary Sewer Easement the following courses and distances to wit: South 89059'21" East, a distance of 14.52 feet to a point for corner; South 31°39'32" East, a distance of 10.50 feet to a point for the beginning of a non -tangent curve to the right having a radius of 176.00 feet, a central angle of 2°21'48", a chord bearing and distance of South 29030'09" West, 7.22 feet; Southwesterly, with said curve, an are distance 7.22 feet to a point for the beginning of a reverse curve to the left with a radius of 225.00 feet, a central angle of 9038'43", and a chord bearing and distance of South 26"51'42" West, 37.83 feet; Southwesterly, with said curve, an arc distance of 37.88 feet to the POINT OF BEGINNING and containing 530 square feet or 0.012 acre of land. Bearing system of this survey is based on Texas Coordinate System of 1983, North Central Zone 4202, Dana Brown Registered Professional Land Surveyor No, 5336 Kimley-Horn and Associates, Inc. 12700 Park Central Drive, Suite 1800 _ Dallas, Texas 75251 972-770-1300 BY 10.39 AM "EXHIBIT "B" to Easement Abandonment Agreement'l 26.746 ACRE ULE, LLC D.C.C.F#2011-11586 O.R.D.C.T, S31'39'32'E PQ 50' r--- --------------- S89459'21"E 14.52' — _ —.— — _ — — — — — — - D=271'48" R= P' 5.00' N00712'10"E 45.28'--, L=Z22' I C8=S29'30'09"W 20'SANITARY SEWER ESMT. C=7.22' vaR.4108 C.Trse D=9'38'43" N00172'10"E 8a 74 ' I I R=225.00' L=37.88' I CB=S25151'42"W S89°59'21"E 14.95'7.-A I, l Poc Li 18 17 m> I 1 2 3 II ( ( SUNDOWN RANCH, PHASE 3 I I QI CABINET U, PAGE 768 �I ( P.R.D. .T. I I I CLUBHOUSE DRIVE I W ROW IV 0 30 60 120 GRAPHIC SCALE IN FEET PLOTTED 13Y BROWN, LIANA 9n6/2011 111AI AM DWI 10:39 AM "EXHIBIT "C" to Easement Abandonment Agreement" BEING a tract of land out of the B. Lewis Survey, Abstract No. 769, in the City of Denton, Denton County, Texas, being part of the 26.746 acre tract of land described in deed to ULE, LLC recorded in Instrument No, 2011-11586 of the Official Records of Denton County, Texas and being more particularly described as follows; BEGINNING at a 5/8" iron rod found with a cap stamped "Jacobs" (hereinafter called 5/8" Iron rod found) in the east line of said 26.746 acre tract and the northerly most corner of a 0.696 acre tract of land described In deed to ULE, LLC recorded In Instrument No. 2011-11587 of the Official Records of Denton County, Texas; THENCE leaving the east line of said 26.746 acre, South 85'22'37" West, a distance of 30.95 feet to a point for corner in the north line of a Sanitary Sewer Easement recorded In Volume 4103, Page 768 of the Real Property Records of Denton County, Texas; THENCE with said north line, North 68°38'07" East, a distance of 33.21 feet to a point in the east line of said 26,746 acre tract; THENCE with the east line of said 26.746 acre, South 00°28'09" West, a distance of 9.61 feet to the POINT OF BEGINNING and containing 148 square feet or 0,003 acre of land. Bearing system of this survey is based on Texas Coordinate System of 1983, North Central Zone 4202. Dana Brown Registered Professional Land Surveyor No. 5336 Kimley-Horn and Assoclates,Inc. 12700 Park Central Drive, Suite 1800/OF Dallas, Texas 75251 972-770-1300P'a�?SRF;�-9�,: PM 11MAM „ ` ANA IROWN SURD o ow "EXHIBIT "C" to Easement Abandonment Agreement" \ \ \ SANITARY SEWER ESMT \ \L, 801 PG, 23 \ \ O,R,O.C,T. \ \ N68'38'07"E 33.21" \ 28.746 ACRE \ \ ULE, LLC \ D.C.C.F.#2011-11588 \ 0.R.0.C.T. 1" S85'22'37y i36.'95' POB / / ✓ 5/8"IRF / 20' SANITARY SEWER ESMT, VOL. 4108 PO. 768 R.P.R.D.C.T. LOT 10, BLOCK D 1.675 ACRES SUNDOWN RANCH, PHASE 3B CABINET V, PAGE 864 P.R.D,C.T, 0 30 00 120 GRAPHIC SCALE IN FEET 10,39AM SANITARY SEWER ESMT. I �VOL, 770 PG 605 0.R.D,C.T. WINDJAMMER, LTD. CC# 98-0093401 R.P.R.D.C.T. S00'28'09*W 9.61' SANITARY SEWER ESMT \ VOL, $01 PG, 273 I \ \ \\ `\\ 0.965ACRE\ \ ULE LLC \ \ D.C.C,F.#2011-11587 \ O.R.D,C.T. WINDJAMMER, LTD, CC# 98-0093401 R.P.R.D.C.T. 5/8"IRS Kimley-Horn and Associates, Inc, PafklDrfva,SultoISUU fox Ro.(972)29.3620 3^ -0 ow h Y LLqLtLl1j D310 PE21QEI No. 5heot i' > 60, DAD I TH U91261MU 697116701 d bF d EXHIBIT D H iiill: a eiy // 3YiI f§yA yF o $ ©l¢¢la� 1p ;•rt a �(9i 4 Oo , I EE �d tll— lifial J iR ■ E� I � 1 �I A, 1!.! fit• g9pp g yy N , aq ' fill S all I I I � s Ill's#al I i ,r. ruin Q I h 4 aavoW�3_ _ ' - — 11 \a �r iI Ii VI� UJ ai J 3AI80 083HOW08 a a --- -- r .i y°g! •" _-- • i e ` —-------- 33 8Ywm____ Page 1 of 2 EXHIBIT D Page 2 of 2 s:\legal\our documents\contracts\11\un1corn lake release of easements 10-04-2011.doc Exhibit "E" To Easement Abandonment Agreement ABANDONMENT AND RELEASE OF EASEMENTS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § WHEREAS, ULE, LLC (the "Owner") is the owner of The Unicorn Lake Estates Addition, being described in that certain plat recorded in County Clerk File Number , Real Property Records, Denton County, Texas (the "Property"); and WHEREAS, pursuant to City Ordinance No. , passed and approved on 2011, the Denton City Council authorized the City Manager, for and on behalf of the City of Denton, Texas (the "City"), to enter into an "Easement Abandonment Agreement" (the "Agreement"), for the express purpose of prescribing for the Owner's dedication of certain easements in favor of the City and the public, in exchange for the City's abandonment or partial abandonment of certain easements across the Property; and WHEREAS, the Easements (as defined below) encumbering the Property agreed to be abandoned or partially abandoned by the City are as follows: (i) that certain 0.582 Acre Public Drainage Easement (herein so called), dated September 17, 2002, from Westminster Ltd. to the City of Denton, Texas, recorded under Volume 5238, Page 3740, Real Property Records, Denton County, Texas; (ii) that certain 1.265 Acre Sanitary Sewer Easement (herein so called), dated June 1, 1998, from Westminster, Ltd. to the City of Denton, Texas, recorded under Volume 4103, Page 1495, Real Property Records, Denton County, Texas, INSOFAR AND ONLY INSOFAR as the 1.265 Acre Sanitary Sewer Easement covers and encumbers the lands described on Exhibit "A", attached hereto and made a part hereof, LESS and EXCEPT (a) that certain 0.012 acre tract being described and depicted on Exhibit `B", attached hereto and made a part hereof, and (b) that certain 0.003 acre tract being described and depicted in Exhibit "C", attached hereto and made a part hereof, and (iii) that certain Sanitary Sewer Easement (herein so called), dated November 19, 1968, from Harold E. Harman to the City of Denton, Texas, 1 s:\legal\our documents\contracts\11\unicorn lake release of easements 10-04-2011.doc recorded under Volume 578, Page 332, Deed Records, Denton County, Texas, to the extent not previously vacated and abandoned by the City pursuant to that certain Ordinance No. 99-083 (the "Prior Ordinance") (the 0.582 Acre Public Drainage Easement, 1.265 Acre Sanitary Sewer Easement and the Sanitary Sewer Easement are collectively referred to herein as the "Easements"); and WHEREAS, (i) the lands covered and encumbered by the 0,582 Acre Public Drainage Easement; (ii) the lands described on Exhibit "A", attached hereto, LESS and EXCEPT (a) that certain 0.012 acre tract being described and depicted on Exhibit "B", attached hereto and made a part hereof, and (b) that certain 0.003 acre tract being described and depicted on Exhibit "C", attached hereto and made a part hereof, said lands being a portion of the lands covered and encumbered by the 1,265 Acre Sanitary Sewer Easement; and (iii) the lands covered and encumbered by the Sanitary Sewer Easement, to the extent not previously vacated and abandoned by the Prior Ordinance, are collectively referred to herein as the "Abandonment Area"; and WHEREAS, the Owner has dedicated to the City and to the public all easements and interests being required to be dedicated pursuant to the terms of the Agreement; and WHEREAS, as a result of such dedication and the completion and satisfaction of other conditions precedent prescribed by the Agreement, the conditions to the effectiveness of the abandonment and release of the Easements, pursuant to Ordinance No. have been fulfilled; NOW, THEREFORE, The City, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the Owner, the receipt of which is hereby acknowledged, subject to the terms herein, does by these presents, abandon and release unto Owner, its successors and assigns, the Easements, INSOFAR AND ONLY INSOFAR as the Easements cover and encumber the Abandonment Area. The City expressly reserves and retains, and this instrument shall not be deemed to affect, in way, manner or form, (i) the Easements, insofar as the Easements cover and encumber lands other than the Abandonment Area; and (h) 2 s;\legal\our documents\contracts\11\unlcorn lake release of easements 10-04-2011.doc any easement, right of way and/or any other right or interest of any kind owned or claimed by the City or public, in which the Easements, INSOFAR AND ONLY INSOFAR as the Easements cover and encumber the Abandonment Area, may cross or overlap, and this abandonment and release does not and shall not affect in any event or under any circumstance, any other right, title or interest of the City or public as established, claimed or owned, whether conveyed by instrument, dedication or established by plat, implied dedication, acquired or claimed by prescription or by any other means, method or process, in or to the lands encumbered by the Easements. Witness my hand, this day of , 20_. ATTEST: JENNIFER WALTERS, CITY SECRETARY go Date: 20._ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY al Date: , 20_. M CITY OF DENTON M. GEORGE C. CAMPBELL CITY MANAGER Date: , 20_. st\legal\our documents\contracts\11\unicorn lake release of easements 10-04-2011.doc ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on , 2011, by George C. Campbell, City Manager of the City of Denton, Texas. AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 4 Notary Public, in and for the State of Texas My Commission Expires: "Exhibit "A" to Abandonment and Release of THE STATE OF TEXASJ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 011 85;4 THAT WESTMINSTER, LTD. (GRANTOR), in consideration of the sum of S 1.00 (ONE DOLLAR) and otheT good and valuable consideration in bend paid by THE CITY OF DENTON (GRANTEE) receipt ofwhich is hereby naknowledged, do by these presents Brent. bargain, sell and convey unto to GRANTEE, the free and uninterrupted use. liberty and privilege for the passage in, along, upon and GRANTED across the following described property, SCE EXHIBIT "A". Attached hereto owned by GRANTOR, Situated In DF:NTON County, Texas in the BENJAMIN LEWIS Survey, Abstract No. 769. and the JEREMIAH FISHER Survey, Abstract No. 421, And it In huther agreed that the said ORANTPF in consideration of the benefits above act out, will remove from the property above described, such fences, buildings and other obatructlons as may now ba found upon said property, For the purpose of A SANITARY SEWER EASEMENT in, along, upon and across sold premises, with the right and privileged at all times of the grantee herein, his or its agents, employetm, workmen and representatives having ingress, egress, and regress in, along, upon and across sold premises for the purpose of making additions to, Improvements on and aepalra to the said SANITARY SEWER EASEMENT or any part thereof, TO HAVE AND TO HOLD unto the said GRANTEE as afore teid for the purposes aforeseid the premises above described, Witness my hand, this the la t day of _ 411M _. .__ . A.D. 19 9 S. Westminster Ltd, by Bob SheltW General Partner AC104OWI.lrDOWNT 785 RTATS OF TEXAS, COUNTY OP ....110At0XL I aaFORR MB, the WAMIaned wurenry. oe thb do penatelly Wt ► - , Bgkb� � S W%l eon ..................... ...................... ........... known io mu m be.tho •peteam . whose nitoN.. . . • .. .,uinortbnt,to uro Ibregal... anuurntm. and wknowtodged to me thH be ... , .. , .... executed the tetno fvrthe ptuposas wd eanalentw therein apsad. ..,.,..,.,..OWON.UNDURMYHMOANO8 CB,Tb.......... t.-1................ o Netety Publte, In end rot the stm of atq, 0011ft �'� MyccM MIWIW a rpiny .......... COAFWIA't'ION ACKIVOwt.SOt7RlBN'1' THIL ttTATC OP'TIO AB, COVIM CP . ........ . . . .... . .. I PUPORS Ma. ors wA*nlwd mabenty, as this day putouslly %VMd ... . . ...... .. . .. .. , .......... , ...... ........................... . ............ .......... krmmmmiubatlgpationandoplar wdOSO vane b f uttirilbad m We a>,aaauta InebunrNlt tad srlmttledged m ow rhu the terse vw the clef 9re told dogrpoegiun, end that he exaarpd tM ttulte a ate cot of asW oorpttnuon for da pttspasaa tad ooasldaroUon thnain axptanfed, end In the oepeelty thotoln P M& O1VINuNnaRMyHMO ANOSP.AI,Of0111CF,This .. deyof A.D. f9............. (U) ... ..... Notuy Public Ia and for d* Sleto OfToeu, My Commkston Expires .................. . .. .. .. . Ci,K Ut'8 CENTINICATIK W STATIC OF TEMa, COUNWOP........... ... 1 1, .. .. . co" Clarkarthe CowtyCourt of sa14 6WIy, de heraby c4i fy that the Nregalno iratrwnenr of writing dead on the ....... .. . . day of .... ...... . ..... I . I .. , A.D. 19 .... .. .. wllh he CMlaow of Auhendoalort. wee filed rot towrd to my ofnoo on thlr , . , , ... day of .. , ....... , A.D. 19 . ... .... it . ..... . .. o'elook ...... . M , cad duly reeoided this ....... . day or A.D. 0 , ...—At .... .. o10mit . ...... M„ In dw ...... ...... Retarda ofald County, In Vuiumt .on plan .. .... W1TNE88 MY RAND AND SaAL OF TK5COUNTY COURT of laid Cowlty, at aalee In ............ .. . .... . .. , ...... , are day cad year I%" im" WHOA County CIm1t ..... Cowlly, Texas (hY n4pdy "Exhibit "A" to Abandonment and Release of Easements" bw EXHIBIT "A" 20' WIRE SANITARY SEWER EASEMENT BEING A 20' WIDE SANITARY SEWER EASEMENT SITUATED IN THE BENJAMIN LEWIS SURVEY, ABSTRACT N0. 769 AND THE JEREMIAH FISHER SURVEY, ABSTRACT NO.421, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF TRACT 1 AS DESCRIBED IN DEED TO WESTMINSTER, LTD., AS RECORDED IN COUNTY CLERK'S FILE NO, 97•RO01M OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (D.R,D,C.T,). SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND SOUNDS AS FOLLOWS: COMMENCING AT A 1/2' IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT 1, BEING THE COMMON SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO VERL LYBHERT AND CHRIS LYSBERT AND WIFE KATHERINE LYSBERT, RECORDED IN VOLUME 3453, PANE 878, D,R.D.C.T., SAID POINT BEING IN THE COMMON WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED TO DENTON SECURITY INVESTMENTS, INC., RECORDED IN COUNTY CLERK'S, FILE NO.94-R0022897, D.R.D.C.T.; THENCE ALONG SAID WEST LINE AND THE COMMON EAST LINE OF SAID TRACT 1 THE FOLLOWING TWO (2) COURSES AND DISTANCES: S 0002V46' W, A DISTANCE Of 333.34 FEET TO THE POINT OF BEGINNING; 8 0002S'48' W, A DISTANCE OF 21.55 FEET TO A POINT FOR CORNER; THENCE DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID TRACT 1 THE FOLLOWING SEVENTEEN (17) COURSES AND DISTANCES: S 88°38'44' W, A DISTANCE OF 323,79 FEET TO A POINT FOR CORNER; S 89'69'47' W, A DISTANCE OF 511.89 FEET TO A POINT FOR CORNER; S 0010013' E. A DISTANCE OF SWA4 FEET TO A POINT FOR CORNER; 9 44°69'47' W. A DISTANCE OF 29.50 FEET TO A POINT FOR CORNER; S 89069'47' W, A DISTANCE OF 060.40 FEET TO A POINT FOR CORNER; S No14'47' W, A DISTANCE OF 18.06 FEET TO A POINT FOR CORNEA; ALONG A CURVE TO THE LEFT HAVINI3 A RADIUS OF 500.00 FEET, A DELTA ANQLE OF 21 °52'13', A LONG CHORD THAT BEARS S 10055'63' W A DISTANCE OF 193.16 FEET, AN ARC DISTANCE OF 104.33 FEET TO A POINT FOR CORNER; 6 00000' 13' E. A DISTANCE OF 197,00 FEET TO A POINT FOR CORNER; 6 89989'47' W, A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER; &HEFT 1 OF 3 k1BL&aaM701 swTAN MX00" s "Exhibit "A" to Abandonment and Release of Easements" Im �i',i7(!'��j�+olC�;�ICt;L'�:�`�+�•bla.•e�.,,�.,..,!e.ti4'1�� :Rta+l�'r;_•t;�..•«..,..�,..., - ... .. , _. . � wgNRM4fiiflb�w4'„'p:'wlax.w 4103 01497 N 0000013' W, A DISTANCE OF 197.00 f+EET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 529.09 FEET, A DELTA ANGLE OF 22.39'48', A LONG CHORD THAT SEARS N 11 OW10' E A DISTANCE OF 908.86 FEET, AN ARC DISTANCE OF 208,20 FEET TO A POINT FOR CORNER; N 66'14'47' E, A DISTANCE OF 30.84 FEET TO A POINT FOR CORNER; N 89669'47' rr, A DISTANCE OF SWAB FEET TO A POINT FOR CORNER N 4468V47' 15, A DISTANCE OF 12.93 FEET TO A POINT FOR CORNER; N 00°0013' W, A DISTANCE OF 610,86 FEET TO A POINT FOR CORNER; N 69"69'47' E, A DISTANCE OF 828.11 FEET TO A POINT FOR CORNER; N 68°86'44' E, A DISTANCE OF 598.03 FEET TO THE POINT OF BEGINNING, AND CONTAINING i.M ACRES OF LAND, MOBS OR LESS. SHOW 2 OF 3 I,tlILOIYQTl1791VBMTM141U7100.IN8 "Exhibit "A" to Abandonment and Release of Easements" VWIS Iw7q F p �9 00'111 -A ,mabao r ri oil ` l to A H I ' N o1Tt a/oTNT EXHIBIT "N' IpuI• d .1oo' 20' WIDE SANITARY SEWER EASEMENT our Tut �ua--rgen �Rl SHEET B(NJAAIN tEWIS SURVEY, ABSTRACT NO. 740 AND CARTER & BUAMS, INC. eMwN at. a OaNt 7M THE JEREuIAN FISHER SURVEY, ANTRACY N0. 421 IN THE 7°L° Tao 3 OF 3 ar G Wma 0/ OENTON, QtNTON COUNTY, TEXAS , ve:u°-1°iElsx+a tNMJfW CITY "Exhibit "A" to Abandonment and Release of Easements" �f LW *0 4103 01499 i I I FNiiops fQoQr Rocbrd ittl HON0 ADLt��TIO H6XOM5/COUNTY CLERK on Juno 199Y At 8010A Doe/ upar 1 99-R00461M 00;,14Anpr 11 Dq el D►pupy - Chlr7r1 "EXHIBIT "B" to Abandonment and Release of Easements" BEING a tract of land out of the B. Lewis Survey, Abstract No. 769, in the City of Denton, Denton County, Texas, being part of the 26.746 acre tract of land described in deed to ULE, LLC recorded in Instrument No. 2011-11586 of the Official Records of Denton County, Texas and being more particularly described as follows: COMMENCING at a 5/8" Iron rod set with a plastic cap stamped " KHA" (hereinafter called 5/8" Iron rod set) for the intersection of the south line of said 26.746 acre tract and the west right-of-way line of Sombrero Drive (50' ROW); THENCE with the south line of said 26.746 acre tract, South 89°59'21" East, a distance of 14.95 feet to a point In the west line of a Sanitary Sewer Easement recorded in Volume 4103, Page 768 of the Real Property Records of Denton County, Texas; THENCE leaving said south line and with said west line, North 00°02'10" East, a distance of 80.74 feet to the POINT OF BEGINNING; THENCE continuing with said west line, North 00'02'10" East, a distance of 49.26 feet to a point for corner; THENCE leaving the west line of said Sanitary Sewer Easement the following courses and distances to wit: South 8905921" East, a distance of 14,62 feet to a point for corner; South 31 °39'32" East, a distance of 10.50 feet to a point for the beginning of a non -tangent curve to the right having a radius of 176.00 feet, a central angle of 2°21'48", a chord bearing and distance of South 29°30'09" West, 7.22 feet; Southwesterly, with said curve, an arc distance 7.22 feet to a point for the beginning of a reverse curve to the left with a radius of 225,00 feet, a central angle of 9"38'43", and a chord bearing and distance of South 25°51'42" West, 37.83 feet; Southwesterly, with said curve, an arc distance of 37.88 feet to the POINT OF BEGINNING and containing 530 square feet or 0.012 acre of land. Bearing system of this survey is based on Texas Coordinate System of 1983, North Central Zone 4202. Dana Brown Registered Professional Land Surveyor No. 5336 Klmley-Horn and Associates, Inc. 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251 P� F 972-770-1300 IU:39 AM 111EXHIBIT "B" to Abandonment and Release of Easements" 26.746 ACRE ULE, LLC D.C.C.F42011.11686 O.R.D.C.T. S31.39'32'E 10.50' �—.---------- _--.------ S89159'21'E 14.52' D=22148' N00`n2'f0'E 49.26— R=175.00' C8=S29 0r30'09 V 20' SAMMARY SEWER ESMT. PO B----. — C=7.22' VOL, g1031'Q, 768 { D=9'38'43' N00'02'10'E So. 74 ,,"" I { R-225. 00' L=37.88' C8=S25"51'42'W S89'59'21'E 14.95' 41 { C=3%83' e /n"— II ! POC oI j 16 17 > I 1 2 ( 3 MI 0 I t I SUNDOWN RAIH, PHASE 3 0I CABINET U, PACE 768 V) I P,R.D, .T. I { I CLUBHOUSE DRIVE 50' ROW N ®�:_ E S KimieyHorn 3o so ,20 and Associates, Inc. 127M Park Central [biro, Soi1e 1811d TO. Nn. (97EJ 7N1.1]W Dnllua,'Co71as 752i1 ra�1 Nn, 972 239.382U GRAPHIC SCALEfNFEET Scarce nrnyn y`��cckcd a1• ProeclNu• scctNo. w-Mv nnu I Tn nU�26�1n11 693867W 20i4 10!3! AM "Exhibit "C" to Abandonment and Release of Easements" BEING a tract of land out of the B. Lewis Survey, Abstract No. 769, In the City of Denton, Denton County, Texas, being part of the 26.746 acre tract of land described In deed to ULE, LLC recorded in Instrument No. 2011-11686 of the Official Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a 5/8" Iron rod found with a cap stamped "Jacobs" (hereinafter called 5/8" iron rod found) in the east line of said 26.746 acre tract and the northerly most corner of a 0.695 acre tract of land described in deed to ULE, LLC recorded in Instrument No. 2011-11587 of the Official Records of Denton County, Texas; THENCE leaving the east line of said 26.746 acre, South 85°22'37" West, a distance of 30.95 feet to a point for corner in the north line of a Sanitary Sewer Easement recorded In Volume 4103, Page 768 of the Real Property Records of Denton County, Texas; THENCE with said north line, North 68°38'07" East, a distance of 33.21 feet to a point in the east line of said 26.746 acre tract; THENCE with the east line of said 26.746 acre, South 00"28'09" West, a distance of 9.61 feet to the POINT OF BEGINNING and containing 148 square feet or 0.003 acre of land. Bearing system of this survey is based on Texas Coordinate System of 1983, North Central Zone 4202. Dana Brown Registered Professional Land Surveyor No. 5336 Kimley-Horn and Associates, Inc. 12700 Park Central Drive, Suite 1800 , —",� t Dallas, Texas 76251 ` ,(QF T�` 4 972-770-1300P'a G\'TFn''9 MUM U AM "Exhibit "C" to Abandonment and Release of Easements" \ \ SANITARY SEWER ESMT; \ \ �1L 601 PG 23 \ Y O,R,D.C. T. N68°38'07"E 33.21� \ 26,740 ACRE \ \ ULE, LLC \ D.C4.F42011-11686 \ O, R,D.C, T l ' POB 5/8°IRF I � i 20' SANITARY SEWER ESMT. VOL, 4108 PG. 788 R.P.R.D.C.T LOT 10, BLOCK D 1.676 ACRES SUNDOWN RANCH, PHASE 38 CABINET V, PAGE 864 P.R.D.C.T N O r -E S 0 30 00 120 GRAP C SCALE IN FEE SANITARY SEWER ESMT, �VOL. R. P605 D.R. D.C. T, WINDJAMMER, LTD. CC# 98-0093401 R.P.R.D.C.T. S002810911W 9.61' ' SANITARY SEWER ESMT. \ VOL. 501 PC 273 I IN 0.965ACRE\ ULE, LI_C \ !` I D.C.C.F#2011.11687 \ \ O.R.D.C.T. \ \ \ \ I � � \ WINDJAMMER, LTD. CC# 98-0093401 5/8"IRS R.P.R.D.C.T r = 1 =F1 Klmley-Horn and Associates, Inc. 12100 York Conlnl Drlku, Sullo 19W Tut. No. (971 i70.13011 Dullos, Tow 7525) N4 No, (97a 219.3820 rail , Qrm by 1 .kcc c i, go Mru cl Na 5 i 1'-6u' VMB 111 U9126011 03071N1 40F4