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Home My WebLink AboutMay 14, 2013 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 14, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will nd convene in 2 Tuesday Session on Tuesday, May 14, 2013 at 4:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: nd NOTE: A 2 Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, nd City Council deliberation and formal City action. At a 2 Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the nd session is being closed to public input. Although 2 Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen’s opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1.Receive a report, hold a discussion, and give staff direction concerning ground water sampling for gas well drilling activities. nd Following the completion of the 2 Tuesday Session, the City Council will convene in a Closed Meeting to consider the item listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1.Closed Meeting: A.Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Consult with City’s attorneys with regard to Item #1 on the May 14, 2013 Special Called Meeting Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Following the completion of the Closed Session, the Council will convene in a Special Called Meeting to consider the following: 1. Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Rural Residential (RD-5) zoning district classification and use designation to an Employment Center Industrial (EC-I) zoning district classification and use designation for approximately 27.76 acres of land, generally located north of University City of Denton City Council Agenda May 14, 2013 Page 2 Drive and west of Masch Branch Road and legally described as Lot 2, Block 1 of the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. The Planning and Zoning Commission The City Council recommends approval (7-0). (Z12-0014, Masch Branch Rezoning) postponed this item to the May 14, 2013 Council meeting (7-0). 2. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas (“City”) to execute, for and on behalf of the City, an Easement Grant and Abandonment agreement (“Agreement”), by and between the City and 52241, L.P., a Texas limited partnership (“Owner”), providing for (a) the granting to the City of (i) a public utility easement (herein so called) for public utility purposes, encumbering a 0.786 Acre tract, being more particularly described in the public utility easement, being attached to and made a part of the Agreement; and (ii) a Temporary Construction, Grading and Access Easement (“Temporary Easement”), encumbering 0.488 Acre of land, being more particularly described in the Temporary Easement, being attached to and made a part of the Agreement; and (b) the partial abandonment and release (“Release”) by the City of (i) that certain Sanitary Sewer Easement, dated on or about January 1, 1961, from Walter M. Lea and wife, Jane C. Lea to the City, recorded in Volume 464, Page 188, Deed Records, Denton County, Texas; (ii) that certain Public Utility Easement, dated on or about August 7, 1980, from Calusa Development, Inc. to the City, recorded at Volume 1029, Page 480, Deed Records, Denton County, Texas; (iii) that certain All Purposes Public Utility Easement, dated on or about May 14, 1982, from RepublicBank Dallas, National Association to the City, recorded in Volume 1143, Page 125, Deed Records, Denton County, Texas; and (iv) that All Purpose Public Utility Easement, dated on or about October 6, 1981, from Leon McNatt Motor Co. to the City, recorded in Volume 1106, Page 73, Deed Records, Denton County, Texas (collectively, the “Affected Easements”), insofar and only insofar as the Affected Easements encumber a 0.095 Acre tract and a 0.489 acre tract, both tracts being more particularly described in the Release, attached to and made a part of the Agreement, all tracts of real property being located in the M.E.P. & P.R.R. Company Survey, Abstract No. 950, and the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas and being generally located at the 4000 Block, South Interstate Highway 35 East; providing a savings clause; and providing an effective date. (State School Sanitary Sewer Interceptor – Phase II) 3. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton City Council Agenda May 14, 2013 Page 3 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2013 at ________o'clock (a.m.) (p.m.) ____________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. ©{;z AGENDA INFORMATION SHEET AGENDA DATE: May 14, 2013 DEPARTMENT: Environmental Services and Sustainability UTILITIES ACM: Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion, and give staff directions concerning ground water sampling for gas well drilling activities. BACKGROUND On January 15, 2013, City Council approved Ordinance 2013-014, which was part of a multi- year effort to revise the Gas Well Drilling and Production Ordinance, Subchapter 22 of the Denton Development Code (DDC). Ground water quality was a subject of discussion during this process. During the January 30, 2012 meeting, the Gas Well Task force recommended requiring operators to submit private water well sampling for property owners that agree to the sampling, that the cost should be borne by operator, and that sampling should be conducted by a certified third party. Staff has put together a brief presentation concerning ground water sampling, including examples from other municipalities. Staff also believes it is important to discuss the inherent challenges in performing ground water sampling, including private property and access issues, variability of ground water, naturally occurring groundwater constituents, and sampling timeframes. Staff believes that the following questions may be important for Council to consider during the discussion: 1.Should water well sampling involve those water wells in proximity to existing gas wells or only those water wells in proximity to gas wells drilled under the current ordinance? 2.What setback distance will be used for sampling, and how will setbacks that overlap be handled? The current setback between gas wells and freshwater wells is 1,200 feet. 3.Should sampling be conducted only for freshwater wells that are closer than the current 1,200 foot setback (via granting of a variance, similar to Flower Mound)? 4.Should sampling be conducted for both irrigation and drinking water wells, or only for drinking water wells? 5.What parameters should be tested? 6.If sampling is conducted for only gas wells drilled under the current ordinance, will there be both “pre-drilling” and “post-drilling” analyses? Should “post-drilling” include “post fracturing”? Should there monitoring beyond a single “post” drilling sample? 7.How is sampling done? Is the expectation that the sampling will be facilitated by the City of Denton using an appropriately certified third party, or by a direct interaction between the gas well operator (also using an appropriate third party) and the owner of the freshwater well? 8.How should the data be reported to the owners of the freshwater well? Should the generated data only be provided, or should the data be compared to appropriate standards, etc.? PRIOR ACTION/REVIEW No Prior Actions EXHIBITS 1. Presentation Respectfully prepared and submitted by, Kenneth Banks. Director, Environmental Services and Sustainability {¦;-z/;7 AGENDA INFORMATION SHEET AGENDA DATE: May 14, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT - Z12-0014 (Masch Branch Rezoning) Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Rural Residential (RD-5) zoning district classification and use designation to an Employment Center Industrial (EC-I) zoning district classification and use designation for approximately 27.76 acres of land, generally located north of University Drive and west of Masch Branch Road, legally described as Lot 2, Block 1 of the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. The The City Council postponed Planning and Zoning Commission recommends approval (7-0). this item to the May 14, 2013 Council meeting (7-0). BACKGROUND On May 7, 2013, after receiving a request from the postpone consideration, City Council postponed action of this item to the May 14, 2013, City Council meeting. On April 2, 2013, the City Council considered the subject application. Due to the various questions of Council th, the City Council decided to postpone the public hearing to May 7, 2013. The City how the property developed after 2001 when the Restrictive Covenants was executed, and what public safety measures and infrastructure requirements were included during the development of the property. Council directed staff to meet with the applicant to address their questions. sentative and applicant several times. The following items were discussed at those meetings: The applicant provided a history of the subject property, their understanding of the Restrictive Covenants, and their misunderstanding of the terms and conditions of the agreement as it related to development of the property. After the property was annexed into the City in 2006, there have been a total of 22 Certificate of Occupancy applications that have been approved by the City within this development. During the review of Certificate of Occupancy applications, the subject buildings are inspected by the Fire Department, Building Division, and Code Enforcement. Agenda Information Sheet May 14, 2013 Page 2 The applicant performed a Letter of Map Revision (LOMR) that removed a portion of the development from floodplain. The City is in the process of working with FEMA on ensuring that the flood maps be revised in this area. Some of the approved LOMRs were not incorporated into the latest maps in 2011. The Marriott Gardens LOMR is one of those approved LOMRs. According to the applicant, there is only one building on the property that is sprinklered. That building is where Safety-Kleen is currently occupying. e, the majority of the truck traffic along Masch Branch Road is from gas well operators servicing surrounding gas wells and from Denton County The applicant agreed to meet with the City Utilities Department to discuss current utilities serving the development and potential infrastructure requirements that may be needed to adequately serve the existing and proposed uses. As of this writing a meeting with the applicant and the City Utilities Department has not yet been scheduled. Prior to meeting with the applicant again, staff met internally to discuss current utilities that serve the development and potential infrastructure improvements. A member of Building Inspections, Fire, Electric Utilities, Engineering, and the Legal Department met on April 30, 2013, where the following items were discussed: The Fire Department during their review of Certificate of Occupancy applications inspects structures for life safety issues. However, outside of life safety issues, they do not inspect nor enforce other Fire Code requirements unless the propose use is more intense or a new building is constructed. The Fire Department in addition to the inspections they do during the review of Certificate of Occupancy applications, conduct annual inspections of non-residential buildings. If warranted, they can request that the building owner obtain the following permits; Operational Permit, Hazardous Permit and/or Flammable/Combustible Material Permit. Similarly, the Building Division during the review of Certificate of Occupancy applications inspects for life safety issues, but unless there is a new building proposed, they do not enforce other Building Code requirements. Code Enforcement performs pro-active enforcement and inspections during Certificate of Occupancy applications and as part of their routine inspections program. Agenda Information Sheet May 14, 2013 Page 3 Denton Municipal Electric currently provides service to two buildings on the subject property. They are the two furthest buildings to the west. Service to these two buildings started around 2003. DRC Engineering discussed that since the subject property was platted and that adequate rights-of-way dedication was dedicated on the plat, no other public requirements would be exacted. Masch Branch Road is classified as a Commercial Mixed- ROW) per the COD Mobility Plan. Thirty-six and a half (36.5) feet from the centerline of the street to the property line is required to be dedicated as right-of-way. However, If the property was developed today, the following comments would apply: Masch Branch Road is classified as an unimproved perimeter street per Section o 35.20.2.L.3.a of the COD Development Code. Per Section 35.20.2.L.2 of the COD Development Code, construction of 25-feet wide concrete pavement, 8-foot wide sidewalk, curb and gutter, and required drainage improvements is required along Masch Branch Road frontage. Based on the size of the proposed development, a Traffic Impact Analysis (TIA) o will be required. The TIA would determine if Signal Cost Participation is required for the o intersection of Masch Branch Road and University Drive. The TIA would analyze the condition of the existing Masch Branch Road o pavement up to University Drive to determine if offsite improvements to Masch Branch Road are required. Planning staff, working with the County, was able to obtain County development permits for the subject property. July 30, 2002, the County approved a development permit for a shop/warehouse. o August 6, 2002, the County approved four (4) development permits for several o shops/warehouses. Planning staff using aerial photography from 2001, 2003, 2005, and 2007 determined that the majority of the post 2001 buildings were built between 2002 and 2003. Three new buildings were built and two large add-ons to two existing buildings were constructed. Between 2003 and 2005, three additional buildings were built. Between 2005 and 2007, four smaller add-ons to two existing buildings were constructed. Refer to Exhibit 16, which illustrates the buildings that were constructed after 2001. Agenda Information Sheet May 14, 2013 Page 4 requested a postponement of the public hearing scheduled for May 7 to a subsequent meeting date due to a meeting conflict. Refer to Exhibit 15 A copy of the Restrictive Covenants and a draft copy of the letter sent to the applicant after it was determined that the agreement was breached is attached as Exhibit 13 and 14 for your review. On December 19, 2006, the City Council adopted an ordinance that annexed the subject property into the corporate city limits. As a result, the subject property was assigned an initial zoning district of Rural Residential (RD-5). The subject property was voluntarily annexed into the City as a result of an agreement between the property owner and the City. The agreement stipulated that if the uses within the property were expanded beyond the building footprint that existed at the time of the agreement, the City would have the right to voluntarily annex the property. The City began the annexation proceedings when it was determined that the property owner violated the agreement. This is the second zoning change request for the subject property. The first zoning change request was in 2008. That request was to rezone the subject property from a Rural Residential (RD-5) zoning district to an Industrial Center General (IC-G) zoning district. The purpose of the zoning change was to make the existing uses conforming. The current zoning of RD-5 does not permit industrial and office uses, thus rendering the existing uses as nonconforming uses. An approved zoning change to IC-G would have allowed for light manufacturing by right and heavy manufacturing with a Specific Use Permit (SUP). In conjunction with a proposed zoning change request in 2008, the applicant also requested a Comprehensive Plan amendment for the subject property The request for a Comprehensive Plan amendment was required because the zoning change request to an IC-G zoning district did not conform to the existing future land use of Employment Centers. Prior to considering the zoning change request the proposed zoning district and the future land use designation must first be in conformance. On June 3, 2008, the City Council considered and voted 3-3 to approve the Comprehensive Plan amendment request. However, a tie vote results in a denial for the requested amendment. Because the Comprehensive Plan amendment was denied, the request for rezoning was not considered due to the proposed rezoning request would not have been in conformance with the future land use designation. Initially, in 2008, the applicant proposed an IC-G zoning district to bring existing uses into conformance (including heavy manufacturing). However, after recently meeting with staff and with a written interpretation regarding the definition of heavy manufacturing, the applicant has decided to rezone the subject property to an EC-I zoning district. The meeting and the written interpretation clarified that existing uses which were thought to be heavy manufacturing are Agenda Information Sheet May 14, 2013 Page 5 more in line with light manufacturing. An approved zoning district of EC-I would permit offices and light manufacturing. The major differences between the first zoning change request and the current zoning change request is that a Comprehensive Plan amendment is not required and heavy manufacturing will not be a permitted use. In 2008, there was approximately 37,000 square feet of vacant leasable space, out of a total approximately 343,845 square feet. There were 32 tenants and 8 vacant spaces. Since then, the applicant has been leasing those vacant spaces and leasing previously leased units pursuant to Subchapter 35.11.5 of the Denton Development Code (DDC). This section notes legal, nonconforming uses are allowed to continue operation indefinitely. However, whenever a nonconforming use is discontinued for six months the use of the premises shall be in is defined as the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owed on the property are delinquent. Currently, there are a total of 22 Certificate of Occupancy applications that have been approved by the City. The majority of uses that have been approved have been offices and light manufacturing uses, both allowed in the EC-I zoning district. Public notification information is provided in Exhibit 6. As of this writing, staff has not received any responses from property owners within 200 feet of the subject property. PRIOR ACTION/REVIEW December 19, 2006 Annexation March 26, 2008 Planning and Zoning Commission Public Hearing May 6, 2008 City Council Public Hearing June 3, 2008 City Council Public Hearing March 6, 2013 Planning and Zoning Commission Public Hearing April 2, 2013 City Council Public Hearing May 7, 2013 City Council meeting OPTIONS 1.Approve as submitted 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item Agenda Information Sheet May 14, 2013 Page 6 RECOMMENDATION Approval The Planning and Zoning Commission recommends (7-0). Approval The Development Review Committee recommends of this zoning change request. EXHIBITS 1.Staff Analysis 2.Location Map 3.Future Land Use Map 4.Existing Zoning Map 5.Proposed Zoning Map 6.Notification Information Map 7.Site Plan 8.Letter from Applicant 9.Land Uses in 2008 10.March 26, 2008 Planning and Zoning Commission Minutes 11.June 3, 2008 City Council Minutes 12.March 6, 2013 Planning and Zoning Commission Minutes 13.JVC Restrictive Covenants 14.JVC Letter 15.Email from Representative 16.Site Plan with Pre and Post 2001 Development 17.Draft Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Ron Menguita, AICP Planning Supervisor EXHIBIT 1 STAFF ANALYSIS DRC Date: January 10, 2013 CASE #: Z12-0014 P&Z Date: February 20, 2013 DDC SECTION: 35.3.4 Project Number: Z12-0014 Request: The applicant is requesting a zoning change from a Rural Residential (RD-5) zoning district to an Employment Center Industrial (EC-I) zoning district for approximately 27.76 acres of land Applicant/Property Masch Branch Realty, LP Owner: 2281 N. Masch Branch Road Denton, TX 76207 Location: North of US 380 west of Masch Brand Road Size: Approximately 27.76 acres Existing Zoning Designation: Rural Residential (RD-5) Future Land Use: Employment Centers Case Planner: Ron Menguita, AICP DRC Recommendation: approval The Development Review Committee recommends of this zoning change request. Summary of Analysis: Employment Centers The subject property is located within an future land use designation. Employment centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses, such as hotels, restaurants, convenience shopping, and child-care. Adequate public facilities shall be a criterion by which zoning is granted. Additionally, employment centers are intended to: 1.Encourage the development of office and business workplaces in close proximity to housing, civic, and recreational uses; 2.Promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities, and streetscape; 3.Direct the development of workplaces consistent with the availability of public facilities and services; and 4.Continue the vitality and quality of life in adjacent neighborhoods. Findings of Fact 1.The subject property is located within a future land use designation of Employment Centers 2.The subject property is located within a RD-5 zoning district. 3.The RD-5 zoning district was assigned to the property when it was annexed in April 2007. 4.The approximately 27.76 acre subject property is located north of US 380 west of Masch Brand Road. 5.The subject property is platted as Lot 2, Block 1 of the Marriott Gardens Addition. 6.The subject property is currently developed with industrial and office related uses. 7.The subject property is within the boundaries of the Denton Municipal Airport Overlay District. Specifically the Airport Compatibility Land Use District (ACLUD) sub-district 2. 8.According to , Masch Branch Road is classified as a Collector Road requiring a right-of-way of 73-feet. 9.The Denton Plan designates this area as an Employment Centers future land use. Employment Centers is defined in the Denton Plan as centers intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. 10.Light manufacturing is a permitted use in the EC-I zoning district. Light manufacturing is defined as - Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants. 11.Vacant units within the subject property is being marketed for office and warehouse use. Office use is permitted in the EC-I zoning district. Warehouse use is permitted in the EC-I zoning district with a limitation L(34). L(34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. 12.A zoning change to EC-I would not require a Comprehensive Plan amendment. 13.The environmentally sensitive areas (ESAs) map shows stream buffers ESAs in areas that seem to be fully developed at the west and southwest corner of the subject property. 14.FEMA maps show floodplain at the west and southwest corner of the subject property. 15.Water is available from the existing 8-inch mains along Masch Branch Road and within the development. Wastewater is available via the existing Masch Branch Lift Station near the northwest corner of the property. No additional infrastructure or supporting facilities are required to support the proposed land uses associated with the proposed zoning change. 16.The subject property is served by DME. Development Review Committee Based on the criteria for granting zoning change requests, information provided by the applicant, IS and recent site visits, the Development Review Committee finds that the request CONSISTENT IS with the surrounding land uses and general character of the area, CONSISTENTIS CONSISTENT with the Denton Plan, and with the Denton Development APPROVAL Code. Based on the above, the DRC recommends of Z12-0014. General Notes 1.Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. 2.All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Extraterritorial Jurisdiction (ETJ) Rural Residential (RD-5) Extraterritorial Jurisdiction (ETJ) Undeveloped Maintenance facility owned by the Single Family Lot County of Denton West: Subject Property: East: Extraterritorial Jurisdiction (ETJ) Rural Residential (RD-5) Extraterritorial Jurisdiction (ETJ) Undeveloped Industrial and Office Related Uses Gas Well/Undeveloped Southwest: South: Southeast: Extraterritorial Jurisdiction (ETJ) Employment Center Industrial Extraterritorial Jurisdiction (ETJ) Undeveloped (EC-I) Undeveloped Single Family Lot Source: City of Denton Geographical Information System and site visit by City staff. Compatibility with Surrounding Land Uses The subject property is within an Employment Centers future land use designation, extending south to University Drive, see Exhibit 3. The property is located within a RD-5 zoning district and is currently developed with industrial and office related uses. Existing land uses surrounding the property to the north are a maintenance facility owned by the County of Denton, undeveloped land to the south, west, and east. Located on the southeast corner of Masch Branch Road and Hampton Road is a gas well and further east along Hampton are two residential structures. Comprehensive Plan A.Consistency with Goals, Objectives and Strategies: Employment Centers Plan. Staff finds that the proposed use is consistent with the goals, objectives and strategies of the Denton Plan. B.Land Use Analysis: The following table identifies the land uses permitted for the RD-5 and EC-I zoning districts: Residential Land Use RD-5 EC-I Categories Agricultural P P Live Stock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units P N Live/Work Units P N Community Homes for the P N Disabled Group Homes SUP N Manufactured Housing P N Developments P= Permitted, N= Not Permitted, S= Specific Use Permit Commercial Land Use RD-5 EC-I Categories Home Occupation P N Sale of Products Grown on Site P N Hotels N P Bed and Breakfast L(10) N Retail Sales and Services N L(18) Restaurant or Private Club N P Drive-through Facility N P Professional Services and Offices N P Quick Vehicle Servicing N P Vehicle Repair N P Auto and RV Sales N P Laundry Facilities N P Equestrian Facilities P N Outdoor Recreation P N Indoor Recreation N P Conference/Convention Center N SUP Major Event Entertainment N P Commercial Parking Lot N P Administrative or Research SUP P Facilities Broadcasting of Production SUP P Studio Temporary Uses L(38) L(38) P= Permitted, N= Not Permitted, S= Specific Use Permit Industrial Land Use Categories RD-5 EC-I Printing / Publishing N P Bakeries N P Manufacture of Non-odoriferous N P Foods Feed Lots SUP N Light Manufacturing N P Wholesale Sales N P Wholesale Nurseries P L(32) Distribution Center/Warehouse N L(34) General Warehouse, Retail N L(34) Self-service Storage N P Construction Materials Sales N P Wrecker Services and Impound SUP N Lots L(29) Kennels L(14) P Veterinary Clinics P P Gas Wells L(27) L(27) P= Permitted, N= Not Permitted, S= Specific Use Permit Institutional Land Use RD-5 EC-I Categories Basic Utilities P P Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and N P Lodges Business / Trade School N P Adult and Child Day Care P P Kindergarten, Elementary School P N Colleges N P Mortuaries N P WECS (Free-standing Monopole L(41) SUP Support Structure) WECS (Building-mounted) L(42) SUP P= Permitted, N= Not Permitted, S= Specific Use Permit L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing storm water quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L (38) = Must meet the requirements of Section 35.12.9. L (41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L (42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. The following table identifies the general regulations for the RD-5 and EC-I zoning districts: General Regulations RD-5 EC-I Minimum lot area 5 acres 2,500 Minimum lot width 200 feet 50 feet Minimum lot depth 250 feet 50 feet Minimum front yard 50 feet 10 feet Minimum side yard 10 feet None Minimum side yard adjacent to street 50 feet 10 feet 10 feet, plus 1 foot for each Minimum rear yard foot of N/A building height over 20 feet 30 feet, plus 1 foot for each Minimum yard abutting a single family N/A foot of use or district building height above 30 feet General Regulations RD-5 EC-I Maximum density, dwelling units per acre 0.2 N/A Minimum building separation 30 feet N/A General Regulations RD-5 EC-I Maximum lot coverage except for 15% 85% agricultural buildings Minimum landscaped area 75% 15% Maximum building height 65 feet 65 feet Maximum WECS height 75 feet 75 feet Maximum FAR except for single-family None 0.75 uses Minimum yard when a use other than None N/A single family abuts a residential zone Fire and EMS This zoning change request application has been reviewed for compliance with the International Fire Code and City amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity A. Estimated Demand and Service Provider The estimated water or wastewater demands associated with the proposed zoning change request can be provided by the City. Water is available from the existing 8-inch mains along Masch Branch Road and within the development. Wastewater is available via the existing Masch Branch Lift Station near the northwest corner of the property. B. Available Capacity distribution and wastewater collection systems. C. CIP Planned Improvements There are no planned public improvements for the water and wastewater facilities serving the subject property. Roadways/Transportation Network A. Estimated Demand Expanded and new uses may increase the demand on the roadway/transportation network. B. Available Capacity Masch Branch Road between University and the subject property is not of sufficient structural integrity to support the expect volumes and type of traffic the site generates and will generate. Masch Branch Road may require substantial improvements or upgrades in the near future. C. Roadway Conditions The subject property is accessed primarily from Masch Branch Road. Masch Branch Road is -of-way of 73-feet. The roadway is currently a two-lane road. D. CIP Planned Improvements There are no planned public improvements for the roadways/transportation network serving the subject property. Environmental Conditions The environmentally sensitive areas (ESAs) map shows stream buffers ESAs in areas that seem to be fully developed at the west and southwest corner of the subject property. FEMA maps show floodplain at the west and southwest corner of the subject property. Wells (Public/Private) No public or private portable water wells are proposed for the subject property. Airports The property is within the boundaries of the Denton Municipal Airport Overlay District. Specifically the Airport Compatibility Land Use District (ACLUD) sub-district 2. Electric The property is served by DME. The estimated electric demands associated with the proposed zoning change request can be provided by DME. Park Facilities The proposed land uses associated with the proposed zoning change will not result in any increase in park demands. Comments from other Governmental Agencies None. EXHIBIT 2 LOCATION MAP EXHIBIT 3 FUTURE LAND USE MAP EXHIBIT 4 EXISTING ZONING MAP EXHIBIT 5 PROPOSED ZONING MAP EXHIBIT 6 NOTIFICATION INFORMATION MAP Public Notification Date: 6 11 In Opposition: 0 In Favor: 0 Neutral: 0 N/A EXHIBIT 7 SITE PLAN EXHIBIT 8 LETTER FROM APPLICANT Exhibit10 Exhibit11 June3,2008,CityCouncilMinutes Exhibit12 March6,2013,PlanningandZoningCommissionMinutes 1 2Appiah stated the Spring Valley Neighborhood has petitioned staff to assist in the rezoning of 3their residential neighborhood from Employment Center Industrial to Neighborhood Residential- 43 zoning district. However, a Comprehensive Plan amendment is required. Therefore, this 5request is to amend the future land use from Employment Center to Existing Land Use. Appiah 6stated staff has held three (3) neighborhood meetings to discuss the proposed Comprehensive 7Plan amendment. Staff sent 54 public notices to property owners within 200 feet of the subject 8site and 35 courtesy notices to property owners within 500 feet of the subject site. Appiah stated 9he has received one returned response in favor of this request. Staff recommends approval of this 10request. Chair Schaake opened the Public Hearing. 11 12Valerie Hussey, 1903 Spring Valley Drive, Denton, Texas 76208 13 14Hussey stated she is in favor of this request and feels that it would be beneficial to the 15neighborhood. There was no one else to speak on this item; Chair Schaake closed the Public 16Hearing. 17 18Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve the 19request. Motion approved (7-0). 20 E.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Employment Center Industrial (EC-I) to a Neighborhood Residential 3 (NR- 3) zoning district on approximately 8.830 acres. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (Z12-0009, Spring Valley Estates, Nana Appiah) This item is continued from the February 6, 2013 meeting. 21 22Appiah stated this request is to change the zoning from Employment Center Industrial to a 23Neighborhood Residental-3 zoning district. Staff sent 50 public notices to property owners 24within 200 feet of the subject site and 34 notices to property owners within 500 feet of the 25subject site. Appiah stated as of this meeting staff has not received any responses to the notices. 26Appiah stated staff recommends approval of this request. Chair Schaake opened the Public 27Hearing at 7:49 p.m.; there was no one to speak on this item. Chair Schaake closed the Public 28Hearing. 29 30Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this 31request. Motion approved (7-0). 32 F.Hold a public hearing and consider making a recommendation to City Council regarding a zoning change request from a Rural Residential (RD-5) zoning district to an Employment Center Industrial (EC-I) zoning district for approximately 27.76 acres of land, located north of University Drive and west of Masch Branch Road, and legally described as Lot 2, Block 1 of the Marriott Gardens Addition. (Z12-0014, Masch Branch Rezoning, Ron Menguita) 33 34Menguita stated this request is for the zoning change from a Rural Residential-5 zoning district 35to an Employment Center Industrial zoning district. Menguita stated this would allow offices and 36light manufacturing uses within the proposed zoning district. Staff sent six (6) public hearing 6 1notices to property owners within 200 feet of the subject site and 11 courtesy notices to property 2owners within 500 feet of the subject site. As of this meeting, staff has not received any returned 3responses. Chair Schaake opened the Public Hearing. 4 5Patricia Adams, Adams spoke in favor of the request. Adams stated that the property was 6voluntarily annexed into the city. 7 8Chair Schaake closed the Public Hearing at 7:58 p.m. 9 10Commissioner Jim Strange motioned, Commissioner Frank Conner seconded to approve this 11request. Motion approved (7-0). 12 6.FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 13 14Schaake questioned the Commissioners if they had any future agenda items; Bentley requested 15more information on the term “discontinued” and more information on corner lots. Leal informed 16Bentley the term “discontinued” is under section 35.11.5.1.A.1of the Denton Development Code. 17Reece informed the Commission that the Girl Scout Troop would be attending the next meeting 18and would like it if they could be recognized. Schaake agreed. There were no future agenda 19items discussed. 20 7.ADJOURN 21 22Chair Schaake adjourned the meeting at 8:05 p.m. 7 Exhibit13 Exhibit14 City AttorneyÓs Office City of Denton, Texas 215 East McKinney Denton, Texas 76201 (940) 349-8333 Fax (940) 382-7923 September 7, 2006 VIA CMRRR 7005 1820 0005 2471 and Regular Mail JVC Partners, Inc. c/o John R Marriott Jr., its registered agent 11359 Kline Drive Dallas, TX 75229 VIA CMRRR 7005 1820 0005 2488 and Regular Mail Marriott Rentals, Inc. c/o J R Marriott Sr., its registered agent 2277 N. Masch Branch Road Denton, TX 76207 VIA CMRRR 7005 1820 0005 2495 and Regular Mail JVC Partners, Inc. and Marriott Rentals, Inc. PO Box 2496 Denton, TX 76202-2496 RE: Breach of Restrictive Covenant and Consequent Initiation of Annexation Dear Sirs: Reference is made to the attached Restrictive Covenants dated December 4, 2001, relating to Lot 2, Block 1 of the Marriott Gardens Addition (your ÐPropertyÑ). Under the terms of these Restrictive Covenants, the Property Owner agreed not to use the Property for any use other than the ÐExisting UsesÑ defined in Exhibit A, attached thereto, abse use, annexation, or the CityÓs consent. The uses, building addresses and specific square footages of these allowed ÐExisting UsesÑ are cataloged and defined in that exhibit. You (defined in the Restrictive Covenants as the Property Owner and successors or assigns) agreed that any breach of this covenant would constitute a petition for voluntary annexation. As shown in the following table, a number of buildings have been erected or significantly expanded since the Restrictive Covenants were executed and recorded: JVC Partners, Inc. and Marriott Rentals, Inc. September 7, 2006 Page 2 Address Building Area as per Agreement (S.F.) Approx. Current Bu 2281 Masch Branch 11,060 Same 2281 A Masch Branch Trailer office Not existent 2281 B Masch Branch 25,000 38,700 2281 C Masch Branch 25,000 39,600 2281 D Masch Branch 16,000 36,000 2281 E Masch Branch 16,000 36,000 2277 Masch Branch 11,000 Same 2275 Masch Branch 12,000 Same 2269 Masch Branch Building/parking lot/fuel island/truck parking *Aerial photographs were used to calculate building areas. Notice is given that the Planning Department has been asked to p annexation of the Property, and that our office has been instructed to initiate any other processes necessary or expedient to the prompt annexation of the Property. Should you have any questions regarding this matter, you or your attorney may feel free to contact me. Sincerely, Jerry E. Drake, Jr., Deputy. City Attorney Enclosures Restrictive Covenants cc: Howard Martin, City Manager Kelly Carpenter, Director of Planning and Development Patricia Adams, Hayes, Berry, White and Vanzant Exhibit15 From:Patricia Adams To:Burgess, Anita; Leal, Aaron Subject:May 7, 2013 Council Meeting Date:Tuesday, April 23, 2013 11:25:46 AM Good Morning Anita and Aaron, I would like to request that theMasch Branch Zoning casecurrently set on the May 7, 2013 CityCouncil agenda be rescheduledto the subsequent May meeting agenda. As we discussed after the April Council meeting, Iserve as the land use attorney foranother city, so I attend monthlyPlanning and Zoning Commission meetings that are held on the first Tuesday of the month.We do not always have pending applications so some months I do not have a meeting; however, Ihave confirmed that I have a conflicting meeting on May 7, 2013. The City's consideration of my request would be greatly appreciated. Please let me know if I need to take any additional action to have the zoning case rescheduled. Your assistance in this matter is greatly appreciated. Regards, Patricia -- Law Office of Patricia A. Adams 2281 Masch Branch Road, Suite No. 500 Denton, Texas 76207 940-594-4222 padams.lawoffice@gmail.com Exhibit16 DraftOrdinance AGENDA INFORMATION SHEET {¦;-z/;7 AGENDA DATE: May 14, 2013 DEPARTMENT: Waste Water ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas (“City”) to execute, for and on behalf of the City, an Easement Grant and Abandonment Agreement (“Agreement”), by and between the City and 52241, L.P., a Texas limited partnership (“Owner”), providing for (a) the granting to the City of (i) a public utility easement (herein so called) for public utility purposes, encumbering a 0.786 Acre tract, being more particularly described in the public utility easement, being attached to and made a part of the Agreement; and (ii) a Temporary Construction, Grading and Access Easement (“Temporary Easement”), encumbering 0.464 acre of land, being more particularly described in the Temporary Easement, being attached to and made a part of the Agreement; and (b) the partial abandonment and release (“Release”) by the City of (i) that certain Sanitary Sewer Easement, dated on or about January 1, 1961, from Walter M. Lea and wife, Jane C. Lea to the City, recorded in Volume 464, Page 188, Deed Records, Denton County, Texas; (ii) that certain Public Utility Easement, dated on or about August 7, 1980, from Calusa Development, Inc. to the City, recorded at Volume 1029, Page 480, Deed Records, Denton County, Texas; (iii) that certain All Purposes Public Utility Easement, dated on or about May 14, 1982, from RepublicBank Dallas, National Association to the City, recorded in Volume 1143, Page 125, Deed Records, Denton County, Texas; and (iv) that All Purpose Public Utility Easement, dated on or about October 6, 1981, from Leon McNatt Motor Co. to the City, recorded in Volume 1106, Page 73, Deed Records, Denton County, Texas (collectively, the “Affected Easements”), INSOFAR and ONLY INSOFAR as the Affected Easements encumber a 0.095 acre tract and a 0.488 acre tract, both tracts being more particularly described in the Release, attached to and made a part of the Agreement, all tracts of real property being located in the M.E.P. & P.R.R. Company Survey, Abstract No. 950, and the Gideon Walker Survey, Abstract No. 1330, in Denton County, Texas and being generally located at the 4000 Block, South Interstate Highway 35 East; providing a savings clause; and providing an effective date. (State School Sanitary Sewer Interceptor– Phase II). BACKGROUND The project requires the acquisition of a permanent Sanitary Sewer Easement to accommodate the installation of the proposed sanitary sewer facilities. 52241, L.P., a Texas limited partnership, is the owner of property encumbered by certain public easements, situated in the M.E.P. & P. R. R. Company Survey, Abstract 950, and Gideon Walker Survey, Abstract 1330 and being a part of Lot 4R, Block A, McNatt Addition, an addition to the City of Denton, Denton County, Texas. The proposed Agreement provides for abandonment and release of that portion of the existing easements encumbering the 52241, L.P. property tract in exchange for the grant of an alternative easement and a rearrangement by the City of approximately 740 linear feet of an 8” diameter water line upon the owner’s property. The Abandonment Tracts are to be released upon the completion and acceptance by the City of Denton, of the installation of the public improvements contemplated by the project. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATIONS Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Closed session briefing in Executive Session – PUB, June 25, 2012. May 6, 2013 – Public Utility Board consideration FISCAL INFORMATION The funding allocated for the State School Sanitary Sewer Interceptor Project is included in Bond Funds outlined within the Exhibit 3 attachment. EXHIBITS 1. Location Map 2. Site Map 3. CIP Detail Sheet – State School Interceptor II 4. Ordinance Respectively submitted P. S. Arora, P. E. Assistant Director Wastewater Prepared by, Paul Williamson, Real Estate Manager DOWNTOWN DENTON OAK HICKORY SYCAMORE PRAIRIE HIGHLAND EAGLE MORSE NTS Site LOCATION MAP McNatt EXHIBIT 1 attachment to AIS SITE MAPMcNatt EXHIBIT 2 attachment to AIS EXHIBIT 4 ORDINANCE NO. _________________ AN ORDINANCE AUTHORIZINGTHE CITY MANAGER OF THE CITY OF DENTON, TEXAS (“CITY”) TO EXECUTE,FOR AND ON BEHALF OFTHE CITY,ANEASEMENT GRANT AND ABANDONMENT AGREEMENT(“AGREEMENT”), BY AND BETWEEN THE CITY AND 52241, L.P.,A TEXAS LIMITED PARTNERSHIP (“OWNER”), PROVIDING FOR(A)THEGRANTINGTO THE CITY OF(I) A PUBLIC UTILITY EASEMENT (HEREIN SO CALLED) FOR PUBLIC UTILITY PURPOSES, ENCUMBERING A0.786ACRETRACT,BEING MORE PARTICULARLY DESCRIBED IN THE PUBLIC UTILITY EASEMENT, BEING ATTACHEDTO AND MADE A PART OF THE AGREEMENT; AND (II) A TEMPORARYCONSTRUCTION, GRADING AND ACCESS EASEMENT (“TEMPORARYEASEMENT”), ENCUMBERING0.464 ACRE OF LAND, BEING MORE PARTICULARLY DESCRIBED IN THETEMPORARY EASEMENT, BEING ATTACHED TO AND MADE A PART OF THE AGREEMENT;AND (B)THE PARTIAL ABANDONMENTAND RELEASE(“RELEASE”) BY THE CITY OF(I)THAT CERTAIN SANITARY SEWER EASEMENT, DATED ON OR ABOUT JANUARY 1, 1961, FROM WALTER M. LEAAND WIFE, JANE C. LEATO THE CITY,RECORDED IN VOLUME 464, PAGE 188, DEED RECORDS,DENTON COUNTY, TEXAS; (II) THAT CERTAIN PUBLIC UTILITY EASEMENT, DATEDON OR ABOUTAUGUST 7, 1980, FROM CALUSA DEVELOPMENT, INC.TO THE CITY, RECORDED AT VOLUME 1029, PAGE 480,DEEDRECORDS, DENTON COUNTY, TEXAS; (III) THAT CERTAIN ALL PURPOSES PUBLIC UTILITY EASEMENT, DATEDON OR ABOUTMAY 14, 1982, FROM REPUBLICBANK DALLAS,NATIONAL ASSOCIATIONTO THE CITY, RECORDED INVOLUME 1143, PAGE 125, DEEDRECORDS,DENTON COUNTY, TEXAS; AND (IV) THAT ALL PURPOSEPUBLIC UTILITY EASEMENT,DATED ON OR ABOUT OCTOBER 6, 1981, FROM LEON MCNATT MOTOR CO. TO THE CITY, RECORDED IN VOLUME 1106, PAGE 73, DEEDRECORDS, DENTON COUNTY, TEXAS (COLLECTIVELY, THE “AFFECTED EASEMENTS”),INSOFAR AND ONLY INSOFAR AS THEAFFECTED EASEMENTS ENCUMBER A 0.095ACRETRACTAND A 0.488 ACRE TRACT, BOTH TRACTS BEING MORE PARTICULARLY DESCRIBEDIN THE RELEASE,ATTACHED TO AND MADEA PART OF THE AGREEMENT, ALL TRACTS OF REAL PROPERTY BEING LOCATED IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 950,AND THE GIDEONWALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXASANDBEING GENERALLY LOCATED ATTHE 4000 BLOCK, SOUTH INTERSTATE HIGHWAY 35 EAST;PROVIDING A SAVINGS CLAUSE; ANDPROVIDINGAN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute, for and on behalf of the City of Denton, theEasement Grant and Abandonment Agreement(the “Agreement”),by and between the City of Denton,Texas and 52241, L.P., a Texas limited in the form as attached hereto and made part of thisordinance as Exhibit “A”. partnership, SECTION 2.The City Manager, or his designee, is authorized to execute, for and on behalf of the City of Denton,any and all documents related to closingthe transactions contemplated by the Agreement, including without limitation, the Abandonment andRelease. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ________ day of ________________, 2013. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: _______________________________ EXHIBIT'A'toOrdinance YOU, AS OWNER OF THE PUBLIC UTILITY EASEMENT LANDSAND THE TEMPORARY EASEMENT LANDS (EACH AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON’S ACQUISITION OF THE EASEMENTS (AS DEFINED BELOW)WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. EASEMENT GRANTAND ABANDONMENT AGREEMENT This Easement Grant and Abandonment Agreement (the “AGREEMENT”) isdated _____________________, 2013between 52241, L.P., a Texas limited partnership(“OWNER”), and the City of Denton, Texas (“CITY”). WITNESSETH: WHEREAS, 52241, L.P., a Texas limited partnership, is the owner of a tract of real property described in a General Warranty Deed from James L. McNatt, and The Al McNatt Family Partnership, L.P., recorded under Clerk’s File Number 2004-88468, in the Real Property Records of Denton County, Texas (“PROPERTY”),being affected by the public improvement project called the State School SanitarySewer Interceptor –Phase II (“PROJECT”); WHEREAS, CITY is in need of certain easements for public utility purposes,in, along, over, upon, under and across a portion of the PROPERTYrelated to the PROJECT; and WHEREAS, the CITYis amenable, upon the terms, provisionsand conditions set forth herein, to abandon the following easements,INSOFAR AND ONLY INSOFARas said easementscover and encumber the tracts of land described and depicted on Attachment 1 and Attachment 2,respectively, both attached hereto and made a part hereof for all purposes (the “Abandonment Tracts”), in exchange for the granting of a public utility easementto the CITY by OWNER, to-wit: a.That certainsanitary sewer easement,dated on or about January 9, 1961, fromWalter M. Leaand wife, Jane C. Lea to the City of Denton, Texas, recorded in Volume 464, Page 188,Deed Records, Denton County, Texas (the “LeaEasement”); b.That certain public utility easement, dated on or about August 7, 1980, from Calusa Development, Inc. to the City of Denton, Texas, recorded in Volume 1029, Page 480, Deed Records, Denton County, Texas, solely affecting Tract One described therein;(the “Calusa Easement”); 1 EXHIBIT'A'toOrdinance c.That certain all purpose utility easement, dated on or about October 6, 1981, from Leon McNatt Motor Co., to the City of Denton, Texas, recorded in Volume 1106, Page 73, Deed Records, Denton County, Texas (the “McNatt Easement”); d.That certain all purpose utility easement, dated on or about May 14, 1982, from Republicbank Dallas, National Association to the City of Denton, Texas, recorded in Volume 1143, Page 125,Deed Records, Denton County, Texas, affecting both Tracts One and Two described therein;(the “BankEasement); and WHEREAS, the LeaEasement,the Calusa Easement, the McNatt Easement, and the Bank Easement are hereinafter collectively referred to as the “Affected Easements”; WHEREAS,the OWNER and the CITY agree that the Affected Easements, INSOFAR AND ONLY INSOFAR as the Affected Easements cover and encumber the Abandonment Tracts, and the public utility easement contemplated to be acquired by the CITY pursuant to the terms hereof,are not of equal value,andtherefore, additional considerationis due OWNER in the form of the rearrangement by the CITY, of approximately 740 linear feet of 8” diameter water line upon OWNER’S propertywithin the Public Utility Easement Lands, as reflected by the PROJECT . WHEREAS, it is desirous of both parties to stipulate and agree to the terms, conditions, abandonments, and conveyances associated with the installation of public utility improvements for the PROJECT, including (i)the conveyance of the public utilityeasement, by OWNER to CITY,related to same; and (ii) partial abandonment by CITYof the Affected Easements, INSOFAR AND ONLY INSOFAR as the Affected Easements cover and encumber the Abandonment Tracts. NOW, THEREFORE, for Ten and No/Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.The OWNER shall grant, execute and deliver to the CITY,on or before five (5) days after the Effective Date hereof, (i) a public utilityeasement in, along, over, upon, under and across the tract of land being described in Exhibit “A” and depicted in Exhibit “B”, respectively (the “Public Utility Easement Lands”) to that certain Public Utility Easement(herein so called), attached hereto as Attachment 3and a made part hereof, for public utility purposes, as more particularly described therein (the “Public Utility Easement”); and (ii) atemporary construction, grading and access easement, in, along, upon, under, over and across (a) that certain0.171 acre tract of land;, and (b)that certain0.293 acre easement tract of land, such tracts being described in Exhibit “A” andExhibit “A-1”, and depicted inExhibit “B” andExhibit “B-1”, respectively (the 2 EXHIBIT'A'toOrdinance “Temporary Easement Lands”) to that certain Temporary Construction, Grading and Access Easement (herein so called), attached hereto as Attachment 4 and made a part hereof, for temporary construction, grading and access purposes, as more particularly described therein. OWNER stipulates that CITY is in need of, and OWNER is amenable thereto, the grant of the Public Utility Easement and the Temporary Construction, Grading and Access Easement (collectively, the “Easements”),within the time period provided herein, so that the CITY may begin construction of the work contemplated by the PROJECT. 2.The CITY shallexecute and deliverto the OWNER, within the time period prescribed below, the Abandonment and Release (the “Release”) of the Affected Easements,INSOFAR AND ONLY INSOFAR as the Affected Easements cover and encumber the Abandonment Tracts, in the form of the Releaseattached hereto and made a part hereof as Attachment 5. TheCITY, by and through the City Manager, or his designee, shall execute and deliver to OWNER the Release, upon the completion, and acceptance by the CITY,of the installation of the public improvements contemplated by the PROJECT, but in any event to be nolater than December 31, 2014. []OWNER stipulates and agrees that CITY is in need of the Affected Easements, including INSOFAR as said Affected Easements cover and encumber the Abandonment Tracts, until it completes the installation of the public improvements contemplated by the PROJECT. 3.THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 4. The date on which this Agreement is executed by the last to sign of the parties shall be the “Effective Date” of this Agreement. 5. In the event a partyshall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice: By CITY to OWNER at: 4401 North I-35, Unit 107 Denton, TX 76207-3433 By OWNER to CITY at: 215 E. McKinney Denton, TX 76201 3 EXHIBIT'A'toOrdinance and opportunity to cure, the non-defaulting party may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance or termination of this Agreement. 6.Each party represents and warrants that it has taken all actions necessary to authorize the personexecuting this Agreement to bindit, in all respects, to all terms and provisions of this Agreement, that such person possesses the authority to execute this Agreement and bind its party hereto, and that this Agreement is binding and enforceable upon it in accordance with the terms hereof. 7. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. CITY OF DENTON, TEXAS By: ________________________________ GEORGE C. CAMPBELL,CITY MANAGER Date: ________________________, 2013 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ Date: ________________________, 2013 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ______________________________ Date: ________________________, 2013 4 EXHIBIT'A'toOrdinance OWNER: 52241, L.P., a Texas limited partnership By: ______________________________ Name: _____________________________ Title: ______________________________ Date: _________________________, 2013 5 ATTACHMENT 3 TO EASEMENT GRANT AND ABANDONMENT AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC UTILITY EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT 52241, L.P., a Texas limited partnership (“Grantor”), of Denton County, whose mailing address is 4401 North I-35, Unit 107, Denton, Texas 76207-3433, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the , City of Denton, Texasreceipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas (“Grantee”) a public utility easement in, along, upon, under, over and across the following described property (the “Property”), owned by Grantor, and situated in Denton County, Texas, located in the M.E.P. and P.R.R. Company Survey, Abstract No. 950, and the Gideon Walker Survey, Abstract No. 1330, to wit: PROPERTY DESCRIBED IN EXHIBIT “A”, AND DEPICTED IN EXHIBIT “B”, BOTH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining public utilities, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities or any part thereof. This Easement is subject to the following covenants: 1. Structures. Except as expressly provided herein, no buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. Notwithstanding the foregoing, Grantor’s existing monopole on-premises sign (“Existing Sign”), located approximately 58 feet southwesterly of the present right-of-way line of Interstate Highway 35 East, and approximately 12 feet northwesterly of Grantee’s southeast property boundary, is specifically excepted from the prohibition of structures provided by this easement grant herein, and Grantee may continue to operate and maintain the Existing Sign in its present location. In the event the Property wherein the Existing Sign is located shall be acquired by a condemning authority though the exercise or threat of its power of eminent domain, Grantor shall be permitted, subject to any requirements of the City of Denton regarding relocation of signs, including without limitation, Subchapter 15 of the Denton Development Code, as same may be amended from time to time, to relocate the Existing Sign to another portion of the Property, so long as such location does not materially interfere with the use or enjoyment by the Grantee of the easement granted herein, as reasonably determined by Grantee, by and through its City Engineer. Nothing contained herein shall be deemed to affect, in any way, manner or form, any authority of the City of Denton to regulate the permitting, location, size, or any other matter related to signs, including without limitation, authority provided under Subchapter 15 of the Denton Development Code, as same may be amended from time to time. 2.Access.For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make payment to Grantor. 2 Parcel 6 4. Grantor’s Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the Grantee’s rights granted to it herein for the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. . Witness my hand, this the ________________ day of ____________________________, 2013 GRANTOR: 52241, L.P., a Texas limited partnership By:_______________________________________ Printed name: ______________________________ Title: _____________________________________ ACKNOWLEDGMENT THE STATE OF ___________ § COUNTY OF _____________ § This instrument was acknowledged before me on _____________________________, 2013, by ___________________________________, _______________________________, of 52241, L.P., a Texas limited partnership, on behalf of said limited partnership. ________________________________________ Notary Public, in and for the State of __________ My commission expires:____________________ 3 Parcel 6 Accepted this _______________ day of ___________________, 2013, for the City of Denton, Texas (Ordinance No. 2013-___). By: __________________________________ Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton – Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 4 Parcel 6 ATTACHMENT4 to EasementGrantandAbandonmentAgreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT 55241, L.P., a Texas limited partnership (“Grantor”), of Denton County, whose mailing address is 4401 North I-35, Unit 107, Denton, Texas 76207-3433, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the , City of Denton, Texas 215 E. McKinney, Denton, Texas 76201,receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas (“Grantee”) a temporary construction, grading andaccess easementin, along, upon, under, over and across the following described property (the “Property”), owned by Grantor, and situated in Denton County, Texas, located in the M.E.P. & P.R.R. Company Survey, Abstract No. 950and the Gideon Walker Survey, Abstract No. 1330, to wit: PROPERTY DESCRIBED IN EXHIBIT “A”and EXHIBIT “A-1”, AND DEPICTED IN EXHIBIT “B”,andEXHIBIT “B-1”, RESPECTIVELY ALLATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said Grantee, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The Grantee, its agents,employees, contractors, workmen, and representatives shall have the ATTACHMENT4 to EasementGrantandAbandonmentAgreement right of ingress, egress and regress in, along, upon, under and across said Property, or any part thereof, for the purpose of access, construction and grading activities. The term of this grant shall expireon the earlierto occur of (i)one (1) year from the date of the “Contractor Notice to Proceed Letter” for the State School Sanitary Sewer Interceptor Project – Phase II;and(ii) December 31, 2014. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the __________ day of ________________________, 2013. GRANTOR: 55241,L.P., a Texas limited partnership By: ______________________________________ Printed name: ______________________________ Title: _____________________________________ ACKNOWLEDGMENT THE STATE OF ___________ § COUNTY OF _____________ § This instrument was acknowledged before me on _____________________________, 2013, by ___________________________________, _______________________________, of 55241, L.P., a Texas limited partnership, on behalf of said partnership. ________________________________________ Notary Public, in and for the State of __________ My commission expires:____________________ ATTACHMENT4 to EasementGrantandAbandonmentAgreement Accepted this _______________ day of ___________________, 2013, for the City of Denton, Texas (Ordinance No. 2013-___). AFTER RECORDING RETURN TO: By: __________________________________ City of Denton – Engineering Department Paul Williamson 901-A Texas Street Real Estate Manager Denton, Texas 76209 Attn: Paul Williamson -1 -1 Attachment 5 to Easement Grantand Abandonment Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFOREIT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ABANDONMENTANDRELEASE THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THIS Abandonmentand Release(herein so called) is dated as of the date set forth below, from the City of Denton, Texas (the “City”),and accepted by 52241, L.P., a Texas limited partnership (the “Owner”). WHEREAS,Owneris the owner of a certain tract of real property described in a General Warranty Deed from James L. McNatt, and The Al McNatt Family Partnership, L. P., recorded under Clerk’s File Number 2004-88468, in the Real Property Records of Denton County, Texas (the “Property”); WHEREAS, the PROPERTY isencumbered by the following easements: a.That certain sanitary sewer easement, dated on or about January 9, 1961, from Walter M. Lea and wife, Jane C. Lea to the City of Denton, Texas, recorded in Volume 464, Page 188, Deed Records, Denton County, Texas (the “Lea Easement”); b.That certain public utility easement, dated on or about August 7, 1980, from Calusa Development,Inc. to the City of Denton, Texas, recorded in Volume 1029, Page 480, Deed Records, Denton County, Texas,as affecting Tract One, as referred to therein. [(the “Calusa Easement”); c.That certain all purpose utility easement, dated on or about October 6, 1981, from Leon McNatt Motor Co., to the City of Denton,Texas, recorded in Volume 1106, Page 73, Deed Records, Denton County, Texas (the “McNatt Easement”); d.That certain all purpose utility easement, dated on or about May 14, 1982, from Republicbank Dallas, National Associationto the City of Denton, Texas, recorded in Volume 1143, Page 125, Deed Records, Denton County, Texas, as Affecting Tracts One and Two, as referred to therein (the “Bank Easement); WHEREAS, the Lea Easement, the Calusa Easement, the McNattEasement, and the BankEasement are hereinafter collectively referred to as the “Affected Easements”; WHEREAS, pursuant to that certain Easement Grant andAbandonment Agreement, dated on or about _____________, 2013, City of Denton Ordinance No. _________, the Denton City Council authorized the City Manager, or his designee, to enter into this Abandonmentand Release for the express purpose of partially releasing the Affected Easements, said partial release releasing the Affected Easements INSOFAR AND ONLY INSOFARas the Affected Easements cover and include those lands described and depicted onAttachment 1 and Attachment 2, respectively,both attachedhereto and made a part hereoffor all purposes(the “Abandonment Tracts”). NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby stipulated, the City, subject to the termsand reservationshereof,does by these presents, abandon and release unto Owner, its successors and assigns,all of its right, title and interest in and to the Affected Easements, INSOFAR AND ONLY INSOFAR as said Affected Easements cover the Abandonment Tracts.The City expressly reserves and retains, and this abandonment andreleaseshall notbe deemed to effect, in any way, manner or form, (i)any right, title or interest that the City may own, hold or possess under or pursuant to the Affected Easements, INSOFAR as said Affected Easements cover, encumber or include lands other than the Abandonment Tracts, and that the Affected Easements, INSOFAR as said Affected Easements cover, encumber or include all lands other than the Abandonment Tracts, shall remain valid and subsisting, and in full force and effect in accordance with the terms thereto; and (ii) any and all easements, rights of way and any other rights or interests, other than the Affected Easements, whether acquired, obtained, owned or claimed by the City or public, by,through or under conveyance, dedication by plat or other express dedication, implied dedication, prescription, or by any other manner or means, in or to lands in which the Affected Easements may cover, encumber, include, cross or overlap. Executed this _____ day of ___________________, 20__. CITY: CITY OF DENTON, TEXAS By: ______________________________ GEORGE C. CAMPBELL, CITY MANAGER Date: ________________________, 20__ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ Date: ________________________, 20__ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ______________________________ Date: ________________________, 20__ OWNER: 52241, L.P., a Texas limited partnership __________________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the ____ day of ____________, 20__ by George C. Campbell, City Manager, City of Denton, Texas, on behalf of said City. _________________________________________ Notary Public, in and for the State of Texas My Commission expires:_____________________ ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the ____ day of ____________, 20__by ______________________, __________________ of 52241, L.P., a Texas limited partnership on behalf of said limited partnership. _________________________________________ Notary Public, in and for the State of Texas My Commission expires:_____________________ UPON RECORDATION RETURN TO: 52241, L.P. 4401 North I-35, Unit 107 Denton, TX 76207-3433 .�i � � �a. � � , �� .. � �4J� pp �� ,9�'ne C � � � � � �a a �a ��t `~�. p°�� `�. `` .. '�� '�a�,,� /i � � F Beorings shawn are based nn fhp City of ..____...�...___._.- --- � / �j Oenton GlS nefwark. � LINE TABLE� � �/ LINE BEARING E7ISTANCE �� / L1 N83°22'25"E 22.13' / L2 N83"22'25"E 23.16' „/ � �f L3 N39°35'25"E 22.?3° f �` � I.H. 35E � Service Rasd �' ``• � �/ � �� °x ��va / ,/ � C�7 {C,M.) � � � r � � f'� / �' � / / � 16 (ti�Zfii]smt. "� d- � � �,. / % 0 ,� � � % / F' I / � �``� � � � � ��,. ,,'� � � � / r("f(/ �;`,,,�r / ^^" "� � hafched area '� � 4� � ,/ +� ^t� � to be Abondonec3 by / f p�q � � � �y separo#e instrument � �/' � � % �, � C� rv"i // � ��i,`\`�lep Qe� lf) � / `° ' � I / � ��j�� w / �,` ^sh � � // �� `v Q L'N / 0� / �~.�� v •"� � o�� t �.t�$ �-��, �311��Y� .� � �`'-r.�>`�'��, � f ��c�°�`�� / � 1►,��1'��atyE��l�ll��i�mn �,�a � � 4�� fj�.� / � � �a d�- C":�9�i��t C�, ��'�� 1 °a ��° 4.��/ �.�� . z � '` � `` °'" o a � Cio ,�'i q'1 tf 1 C.@ ��"°rv� �" � I ��,�'LL� %• % �` 4r ,� �� \ �°�-°n °�`c� .e_',..--'" 6 .yti ,/ ,� � a� � � � � �� tt °°� �� 16' Utility Esmt. I �� % � �"i �' C� I� �� "��" ",part of 7ract One° /� �f � Z Q ` mm" '�� °« � �w (w.�oas/�.aeo) � �r is' u�crty ��,t. ,�.. � � �� ,�,,, n,u�� to be Abandoned "part af Tract t7ne" � �� , ��' �� b se arote instrument '�^ �° p v p / ,,/�� / (u.iazs/P,asa) � �� fP� � �� — --- — � r,/ S5C1'19'44pE 110.48' V7 � �"��o��"��R�,�:'��'i� � �—_ ,� ��„��,� �� a��a�4 ��a�a�c�cra�a�-��rn� � � -=r�''/ ,�� nr5a��s'44"w �4�.��' E�I�IBIT B /.. � %�" i��- � Easement Ab�a�dar�ment ��,,, � I i �'. C�i, �'. � /��,�,`��.� � � �� f�.(?95 Acres in the .,� /l � � � !� ._ _ _ _ _ \ Gideon Walker Survey, Abst. No. 133fJ � �:,��. �'. �, �� a�pa �a' ursircy Esmt. M.E.P.&P.R.R. Co. Su,twey, Abst. .No. 950 � B se orote instrument ! �., — .--. .— --- — — — City of Z7enton .� ss' ur�uty es�c. rv(o/a�7� � Denton Cour�.ty, TexB►s .L- 3/4"l.l7.F �'rJd"��,�1 }�E �X"l"Np — 201� ° , ,� �� , rthur �urveytng Co. I �c. �g�.�� d6' San. Sew. Esmt. ( V. 464/P.194) i Frvfessional Lar1d Surveyor.s 40" F'utrlic Ut'r1ity Esmt. /' (V.f143�P.125) �.,fD� �y ��4bi�3 � ��'�j�v�laj.�" �j'',�j'�0�1 `� ,��a�� r�r�� Aant��raa� t�d�r�i4�cbr�, ��tn�a� 1�ff 22q Elm St., # 200 1172 Hent Oak:� C"��z��t 3�.� I��¢�;� 3�)�3 Lewisville, TX 75057 Denton� TX iC�210 ��. (s�z) z�i-s�3s �n. (s�o) 4��-�i�� st�r��z�n�a ��as � ___._� ___._ � arthur�urve�ing.cam � LNTERCEPTqR - 64U1�8339.136U.20I�Wwp�.12�i4167-2_a0andannant2.dwg EA2l/8019