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HomeMy WebLinkAbout2014-145\\codad\departments\legal\our documents\ordinances\14\classic used cars of Benton ordinance -final Icc.docx 1'1 1 � � �� AN ORDINANCE GRANTING APPROVAL, IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, OF THE NON -PARK USE OF A PART OF SPC. ERNEST W. DALLAS JR. VETERANS MEMORIAL PARK FOR THE PURPOSE OF INSTALLING AND MAINTAINING A SANITARY SEWER LINE FOR THE CLASSIC USED CARS OF DENTON PROJECT; PROVIDING FOR A NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR INSTALLATION AND MAINTENANCE OF SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 26 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non -park purpose if the City Council finds after notice and hearing that there is no feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton desires to use approximately 807 square feet across the Spc. Ernest W. Dallas Jr. Veterans Memorial Park ("Park") for the installation and maintenance of a sanitary sewer line for the Classic Used Cars of Denton Project ("Project"); and WHEREAS, there are no feasible and prudent alternatives available for the location and installation and maintenance of a sanitary sewer line for the Project; and WHEREAS, the City provided notice in the Denton Record -Chronicle on April 12, 2014, April 22, 2014, April 29, 2014 and May 6, 2014 of a Public Hearing to be held on May 13, 2104 in the Council Chambers to consider the alternatives to the non -park use of the Park for the installation and maintenance of a sanitary sewer line; and WHEREAS, the City Council on May 13, 2014 received testimony at a public hearing on the issues of feasible and prudent alternatives to the non -park use of the Park for the Project and that the Project includes all reasonable planning to minimize harm to the Park resulting from the installation and maintenance of a sanitary sewer line; and WHEREAS, the City Council finds that the Project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there are no feasible and prudent alternatives to the non -park use of the Park and that the installation and maintenance of a sanitary sewer line includes all reasonable planning to minimize harm to the Park as a result of the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The installation and maintenance of a sanitary sewer line across the Spc. Ernest W. Dallas Jr. Veterans Memorial Park ("Park") for the Classic Used Cars of Denton Project ("Project") shall be constructed and maintained below the surface of the Park in the area described in Exhibit " 1 " and visually depicted in Exhibit "2," which are attached and made a part of this document, and that the surface of the Park after installation of the sanitary sewer line shall be constructed in a manner so that the Park may still be used for landscape plantings, fencing, signage, park related utilities, temporary facilities, which uses are hereby expressly approved and authorized, as necessary after completion of the Project in the same manner it was used prior to the Project. SECTION 2. The installation and maintenance of the sanitary sewer line shall be (i) in accordance with applicable City ordinances, rules and regulations, (ii) protect the patrons using the Park from injury and damage both during and after construction of the Project, and (iii) generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional Park property necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional Park property shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The City Manager, or his designee, after approval by the City Attorney, shall execute the "NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR THE INSTALLATION AND MAINTENANCE OF SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK" which is attached as Exhibit "3." SECTION 5. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 6. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 7. This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this 4 day of ` , 2014. MARK A. BUkROU , l 1S, AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY m APPROV AS'roWEGAL FORM: ANITA B?RGESS, CITY ATTORNEY BY: Exhibit "i" to Ordinance 16'SANITARY SEWER EASEMENT TO THE CITY OF DENTON Part of Lot 1, Block 32 The Preserve At Pecan Creek Section A3 Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton County, Texas DESCRIPTION, of a 807 square foot tract of land situated in the Gideon Walker Survey, Abstract No, 1330, City of Denton, Denton County, Texas; said tract being par( of Lot 1, Block 32, The Preserve At Pecan Greek Section A3, an addition to the City of Denton, Denton County, Texas according to the plat recorded In Cabinet V, Page 279 of the Map Records of Denton County, Texas; said tract also being part of the tract of land described in Park Deed to City Of Denton, recorded in Instrument Number 2007-92931 of the Deed Records of Denton County, Texas; said 807 square foot tract being more particularly described as follows: COMMENCING, at a 518-inch iron rod found, in the north line of atract of land described in Quitclaim Deed to Dallas Area Rapid Transit, recorded in Instrument Number 201OA3179 of said Deed Records; said point being the southeast corner of Lot 32, Block C of Glenwood Village, an addition to the City of Denton, Denton County, Texas, recorded in Instrument Number 2013-162 of said Dead Records; said point being the southeast corner of said Lot 1 and the beginning of a curve to the right, THENCE, along said curve to the right, the north line of said Dallas Area Rapid Transit tract and the south line of said Lot 1, having a central angle of 03 degrees, 31 minutes, 23 seconds,, a radius of 1,964.64 feet, a chord bearing and distance of South 82 degrees, 25 minutes, 40 seconds East, 120.79 feet, an arc distance of 120.81 feet to the POINT OF BEGINNING; THENCE, North 05 degrees, 23 minutes, 46 seconds East, departing the north line of said Dallas Area Rapid Transit tract and the south line of said Lot i, a distance of 50.12 feet to a point for comer in the south line of Lot 2, Block 32 of said The Preserve At Pecan Creek Section A3 addition; THENCE, South 80 degrees, 36 minutes, 57 seconds East, along the south line of said Lot 2 and the north line of said Lot 1, a distance of 10.43 feet to a point for comer, said point being the southeast comer of said Lot 2; THENCE, North 16 degrees, 31 minutes, 57 seconds East, along the east line of said Lot 2 and the west line of said Lot 1, a distance of 1.15 feet to a point for corner in the south rig ht-of-way line of Sun Ray Drive (a 50-foot Wide right-of-way); said point being the most easterly northeast comer of said Lot 2 and the beginning of a non -tangent curve to the left; THENCE, Along said curve to the left and the said south line of Sun Ray Drive, having a central angle of 06 degrees, 13 minutes, 11 seconds, a radius of 50.00 feet, a chord bearing and distance of South 76 degrees, 35 minutes, 30 seconds East, 5.42 feet, an arc distance of 5.43 to a point for comer, THENCE, South 05 degrees, 23 minutes, 46 seconds West, departing said south line of Sun Ray Drive, a distance of 50.93 feet to a point for corner; said point being In the north line of said Dallas Area Rapid Transit tract and the south line of said Lot 1; said point being the beginning of a non -tangent curve to the left; Sheet 1 of 3 16' SANITARY SEWER EASEMENT TO THE CITY OF DENTON Part of Lot 1, Block 32 The Preserve At Pecan Creek Section A3 Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton County, Texas THENCE, along said curve to the left and the north line of said Dallas Area Rapid Transit tract and the south line of said Lot 1, having a central angle of 00 degrees, 28 minutes, 04 seconds, a radius of 1,964.64 feet, a chord bearing and distance of North 80 degrees, 25 minutes, 56 seconds West, 16.04 feet, an are distance of 16.04 feet to the POINT OF BEGINNING. CONTAINING: 807 square feet or 0.019 acre of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract of land described. .lustlN. Waldrip ate' Rter d Professional Land Surveyor No. 6179 Pacheco Koch, LLC 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-10193805 3389.13.018E(1.doc CM 3389-13.018EX1.dwg CM Sheet 2 of 3 U TM W. WAILDRIP 6179 ®: r Exhibit "2" to OfdinBnCe D 0 "t3 LINE TABLE LINE BEARING LENGTH 0 15 30 60 1-1 S 80' 36' 57" E 10.43' m L2 N 16' 31' 57" E 1.15' GRAPHIC SCALE IN FEET ----- I' 6.74' LOT 2, BLOCK 32 71 THE PRESERVE AT PECAN LOT 22 CREEK SECTION A3 / BLOCK C fI (CAB. V, PG. 279) I I VARIABLE WIDTH DRAINAGE k SANITARY SEWER EASEMENT (CAB, V. PG. 279) GLENWOOD VILLAGE (INST. NO. 2013-162) Ln1o1.6s'J E 10' DRAINAGE EASEMENT 1/2—INCH IRON (CALF V. PG. 279) L1 * --. Lm134,�5. 5' UTILITY EASEMENT ROD W/ TW 1. (CAB V. PG. 279) BARROW 1994" `4 CAP FOUND LOT 1, BLOCK 32 ® �I THE PRESERVE AT PECAN LOT 32X [ � -- ® CREEK SECTION A3 w BLOCK C I (CAB. V, PG. 279)` CITY OF DENTON 4 N (INST. NO. 2007-92931) N O P"O.Oo' 1 rrY Of- DENT WATER ►n `E (VOL17. T#ANSmISSfON LINE EASEMENT L. 417. 'G. 594) Z 5/0—INCH IRON �' P ROD FOUND A=3'31'23" —�� (a'M) AB R=1,964.64' L=120.81' Q=00'28'04" T=60.42' R=1,964.64' CB=S 82'25'40" E L=16.04' CD=120,79' T=8.02' DALLAS AREA RAPID TRANSIT CB=N 80'25'56" W (INST. NO. 2010-43179) CD=16.04' The undersigned, Registered Professional Land Surveyor, hereby certifies that tills plot of survey accurately sets out the metes and � ... � bounds of the easement tract described.. t" « %8T ,91STiM W WA1.8RIp - 6179: Justin W. Waldrip tag tered Professional Land Surveyor No. 6179 LEGEND — — PROPERTY LINE PROPOSED EASEMENT LINE EXISTING EASEMENT LINE P. O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING Q POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLLING MONUMENT 4 8 LOT 26 o BLOCK 28 'Q J V o � 6=06'13'11" SUN RAY R=50.00' L=5.43' DRIVE T=2.72' (50' R.O.W.) CB=S 76'35'30" E CD=5.42' L2 1,075,79 VRA1NAGC r (CA8. y CA'CMC�fT: �L49.06' . P 279) 3 0' L� jo 1.tAi NAN ( EASE M 41 PG..594) CA'T M 0) `—� N O 30' SI1DT U (VOL. 329, L�CC 473) '12—; CM d ROD C AN 'm4R5!#kL La194.i7' ENO (Em) 16' SANITARY SEWER EASEMENT 807 SF (0.019 AC) NOTES: 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 8350 N. CENTRAL. EXPWY. SUITE 1000 Pacheco Koch DALLAS, TX 75206 972,235,3031 TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS-101938-05 DRANK aY CAIECKFO QY SCALE DAYr JOB ~EftCM JWW 1"=30' FEB. 2014 3389-13.018 2. Bearing system for this survey Is based on the North American Datum of 1983, Texas State Plane Coordinate System, North Central Texas Zone 4202. 16' SANITARY SEWER EASEMENT TO THE CITY OF DENTON PART OF LOT 1, BLOCK 32 THE PRESERVE AT PECAN CREEK SECTION A3 GIDEON WALKER SURVEY, ABSTRACT NO. 1330 CITY OF DENTON. DENTON COUNTY, TEXAS SHEET 3 OF 3 DWG FILE: 3389-13,018EX1 Exhibit "T to ordinance 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. NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR INSTALLATION AND MAINTENANCE OF SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN EVENT OF SALE OF PARK 1. Notice of Non -Park Use for Installation and Maintenance of On May 13, 2014, the City Council of the City of Denton, Texas, a Texas municipal corporation ("City"), passed Ordinance No. 2014 - (See "Exhibit "A") which allows the City, in accordance with the requirements of Chapter 26 of the Texas Parks and Wildlife Code, the permanent and perpetual use in, along, upon, under, over, and across a part of the Spc. Ernest W. Dallas, Jr. Veterans Memorial Park C'Park7), located at 6100 Sun Ray Drive, Denton, Denton County, Texas, for the sole purpose of installing, constructing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a sanitary sewer line, and all necessary and related facilities and appurtenances. The specific location for the area of the Park used for the sanitary sewer line is more particularly described in Exhibit 1113" and visually depicted in Exhibit "C." The Park is more particularly described in Exhibit "D." Exhibits "A," &4B,l$ "C," and "D" are attached to this document and made a part of the same. 2. Reservation of Easement in the Event of Sale of Park In the event the City sells the Park, which is described in Exhibit "D," the City reserves a permanent and perpetual sanitary sewer line easement for the purpose of installing, constructing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a sanitary sewer lines, and all necessary and related facilities and appurtenances, in, along, upon, under, over, and across the land described in Exhibits "B" and "C," together with the right of ingress and egress as necessary for such purposes. In addition to the reservation of the permanent easement, a 20-foot wide temporary work space easement is reserved adjacent to and outside the perimeter of the permanent easement tract described in Exhibits "B" and "C•" This easement shall run with the land, is irrevocable, and is for the benefit of the City and the City's successors and assigns. Executed the day of ,2014. PAGE I OF 2 - NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR THE INSTALLATION AND MAINTENANCE OF SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK CITY OF DENTON, TEXAS George C. Campbell, City Manager ACKNOWLEDGMENT STATE OF TEXAS § DENTON COUNTY § This document is acknowledged before me, on the _ day of , 2014, by GEORGE C. CAMPBEL L, City Manager, Denton, 'texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation.., that he was duly authorized to perform the same by the City Council of the City of Denton and that he executed the same as the act of said City for the purposes and consideration therein expressed, and in the capacity therein stated. Notary Public, State of Texas Approved as to legal form: Arita Burgess, City Attorney LOU After recording, return to: Paul Williamson, Real Estate & Capital Support Manager City of Denton 901-A Texas St. Second Floor Denton, Texas 76209 PAGE 2 OF 2 - NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR THE INSTALLATION AND MAINTENANCE OF SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK Exhibit "A" to Notice ORDINANCE NO. 2014 - AN ORDINANCE GRANTING APPROVAL, IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, OF THE NON -PARK USE OF A PART OF SPC. ERNEST W. DALLAS JR. VETERANS MEMORIAL PARK FOR THE PURPOSE OF INSTALLING AND MAINTAINING A SANITARY SEWER LINE FOR THE CLASSIC USED CARS OF DENTON PROJECT; PROVIDING FOR A NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR INSTALLATION AND MAINTENANCE OF SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK; AND PROVIDING AN EFFECTIVE DATE. (Parks, Recreation and Beautification Board recommend approval with a vote of 6-0.) WHEREAS, Chapter 26 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non -park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton desires to use approximately 807 linear feet across the Spc. Ernest W. Dallas Jr. Veterans Memorial Park ("Park") for the installation and maintenance of a sanitary sewer line for the Classic Used Cars of Denton Project ("Project"); and WHEREAS, there are no feasible and prudent alternatives available for the location and installation and maintenance of a sanitary sewer line for the Project; and WHEREAS, the City provided notice in the Denton Record -Chronicle on April 12, 2014, April 22, 2014, April 29, 2014 and May 6, 2014 of a Public Hearing to be held on May 13, 2104 in the Council Chambers to consider the alternatives to the non -park use of the Park for the installation and maintenance of a sanitary sewer line; and WHEREAS, the City Council on May 13, 2014 received testimony at a public hearing on the issues of feasible and prudent alternatives to the non -park use of the Park for the Project and that the Project includes all reasonable planning to minimize harm to the Park resulting from the installation and maintenance of a sanitary sewer line; and WHEREAS, the City Council finds that the Project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there are no feasible and prudent alternatives to the non - park use of the Park and that the installation and maintenance of a sanitary sewer line includes all reasonable planning to minimize harm to -the Park as a result of the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The installation and maintenance of a sanitary sewer line across the Spc. Ernest W. Dallas Jr. Veterans Memorial Park ("Park") for the Classic Used Cars of Denton Project ("Project") shall be constructed and maintained below the surface of the Park in the area described in Exhibit " 1 " and visually depicted in Exhibit "2," which are attached and made a part of this document, and that the surface -of the Park after installation of the sanitary sewer line shall be constructed in a manner so that the Park may still be used for landscape plantings, fencing, signage, park related utilities, temporary facilities, which uses are hereby expressly approved and authorized, as necessary after completion of the Project in the same manner it was used prior to the Project. SECTION 2. The installation and maintenance of the sanitary sewer line shall be (i) in accordance with applicable City ordinances, rules and regulations, (ii) protect the patrons using the Park from injury and damage both during and after construction of the Project, and (iii) generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional Park property necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional Park property shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The City Manager, or his designee, after approval by the City Attorney, shall execute the "NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR THE INSTALLATION AND MAINTENANCE OF SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK" which is attached as Exhibit "3." SECTION 5. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 6. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of May, 2014. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Exhibit "b' to Notice 16'SANITARY SEWER EASEMENT TO THE CITY OF DENTON Part of Lot 1, Block 32 The Preserve At Pecan Creek Section A3 Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton County, Texas DESCRIPTION, of a 807 square foot tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas; said tract being part of Lot 1, Block 32, The Preserve At Pecan Creek Section A3, an addition to the City of Denton, Denton County, Texas according to the plat recorded in Cabinet V, Page 279 of the Map Records of Denton County, Texas-, said tract also being part of the tract of land described in Park Deed to City of Denton, recorded in Instrument Number 2007-92931 of the Deed Records of Denton County, Texas; said 807 square foot tract being more particularly described as follows: COMMENCING, at a 5/8-inch iron rod found, in the north line of a tract of land described in Quitclaim Deed to Dallas Area Rapid Transit, recorded in Instrument Number 2010-43179 of said Deed Records; said point being the southeast comer of Lot 32, Block C of Glenwood Village, an addition to the City of Denton, Denton County, Texas, recorded In Instrument Number 2013-162 of said Deed Records; said point being the southeast corner of said Lot I and the beginning of a curve to the right; THENCE, along said curve to the right, the north line of said Dallas Area Rapid Transit tract and the south line of said Lot 1, having a central angle of 03 degrees, 31 minutes, 23 seconds, a radius of 1,964.64 feet, a chord bearing and distance of South 82 degrees, 25 minutes, 40 seconds East, 120.79 feet, an arc distance of 120,81 feet to the POINT OF BEGINNING; THENCE, North 05 degrees, 23 minutes, 46 seconds East, departing the north line of said Dallas Area Rapid Transit tract and the south line of said Lot 1, a distance of 50.12 feet to a point for corner in the south line of Lot 2, Block 32 of said The Preserve At Pecan Creek Section A3 addition; THENCE, South 80 degrees, 36 minutes, 57 seconds East, along the south line of said Lot 2 and the north line of said Lot 1, a distance of 10.43 feet to a point for corner; said point being the southeast comer of said Lot 2; THENCE, North 16 degrees, 31 minutes, 57 seconds East, along the east line of said Lot 2 and the west line of said Lot 1, a distance of 1.15 feet to a point for corner in the south right-of-way line of Sun Ray Drive (a 50-foot wide right-of-way); said point being the most easterly northeast corner of said Lot 2 and the beginning of a non -tangent curve to the left', THENCE, Along said curve to the left and the said south line of Sun Ray Drive, having a central angle of 06 degrees, 13 minutes, 11 seconds, a radius of 50.00 feet, a chord bearing and distance of South 76 degrees, 35 minutes, 30 seconds East, 5.42 feet, an arc distance of 5.43 to a point for comer, THENCE, South 05 degrees, 23 minutes, 46 seconds West, departing said south line of Sun Ray Drive, a distance of 50.93 feet to a point for corner, said point being In the north line of said Dallas Area Rapid Transit tract and the south line of said Lot 1; said point being the beginning of a non -tangent curve to the left; Sheet 1 of 3 16' SANITARY SEWER EASEMENT TO THE CITY OF DENTON Part of Lot 1, Block 32 The Preserve At Pecan Creek Section A3 Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton County, Texas THENCE, along said curve to the left and the north line of said Dallas Area Rapid Transit tract and the south line of said Lot 1, having a central angle of 00 degrees, 28 minutes, 04 seconds, a radius of 1,964.64 feet, a chord bearing and distance of North 80 degrees, 25 minutes, 56 seconds West, 16.04 feet, an arc distance of 16.04 feet to the POINT OF BEGINNING. CONTAINING: 807 square feet or 0.019 acre of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract of land described. +` JUSTIN W WAt,DRIP 49.04 Justi W. Walddp ate A, 617'9 ro tbre Professional Land Surveyor No. 6179 �' ; P.,�rr1� tot. Pacheco Koch, LLC c "' 8350 N. Central Expwy, #1000, Dallas TX 75206 (972) 235-3031 TX Reg. Surveying Firm LS-10193805 3389-13.018IX1.doc CM 3389-13.01SEMAW9 CM Sheet 2 of 3 Exhibit "C" to Notice C� 0 15 30 60 GRAPHIC SCALE IN FEET LhME TABLE LINE BEARING LENGM L1 S 80' 36' 57" E 10.43' L2 N 16' 31' 57" E 1.15' I s,74' LOT 2. BLOCK 32 THE PRESERVE AT PECAN LOT 22 CREEK SECTION A3 BLOCK C ( (CAB. V, PG. 279) VARIABLE K1DTN DRAINAGE N SANITARY SEWER ENT- I (CAB. V. Pc. 270) GLENWOOD VILLAGE jam` (INST. NO. 2013-162) 10'_ DRAINAGE EASEMENT 1/2-INCH IRON t V, PG. 279) L1 ROD Wf "Ym1;iI,9` 5' UTILITY EASEMENT "mow y9f'!e (CAB V. PO 270) CAP FOUND LOT 1, BLOCK 32 THE PRESERVE AT PECAN L — , CREEK SECTION A3 W BLOCK C IR (CAB. V, PG. 279) "ttpp CITY OF DENTON —'` M (INST. NO. 2007-92931) UL 417«IG+t 4594) ON uE W USEMENT z INS# IR(>F( Rlmfxi ' A�+3'31'23" -- `� CcM°) R=1,964.64' L-120.81' a=00'28'04" —. T=60.42' R=1,964.64' CB=S 82'25'40" E L=16.04' CO=120.79' T=8.02' DALLAS AREA RAPID TRANSIT CB =N 80'25'56" W CD=16.04' (INST. NO. 2010-43179) The eundersioned Reglstered Professional Land Surveyor, hereby certifies that this plat a survey accurately sets out the motes an( bounds of the easement tract described. Professional war No. 6179 PROPERTY LINE PROPOSED EASEMENT LINE — EXISTING EASEMENT LINE P.O.B. POINT of BEGINNING P.O.C. POINT OF COMMENCING POINT FOR CORNER (UNLESS OTHERWISE NOIED) (C.M.) - CONTROWNG MONUMENT v Q 4j o LOT 26 Q1K C;a BLOCK 28 v A--06'13'11" R=50.00' L=5.43' T=2.72' CB=S 7635'30" E CD=5.42' . SUN RAY DRIVE (50' R.O.W.) .k(CASp I 20, ar 7. . r4i C; .. �. 16' SANITARY V SEWER EASEMENT 807 SF (0.019 AC) NOBS: 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey Is based on the North American Datum of 1983. Texas State Plane Coordinate System. North Central Texas Zone 4202. a= N. CENTRAL EXP #'. SUITE 1000 DALla1S, TX 75206 971235.3031 TX REG. ENGINEERING FILM F-14439 TX REG. SURVEYING FIRM LS-101938-05 CRANK Sr [a" CED Sr SCALE VA YE .Ave AX*wft CM JWW 1"-30' FEB. 2014 3389-13.018 181 SANITARY SEWER EASEMENT TO THE CITY OF DENTON PART OF LOT 1. BLACK 32 THE PRESERVE AT PECAN CREEK SECTION A3 GIDEON WALKER SURVEY. ABSTRACT NO. 1330 CITY OF DENTON, DENTON COUNTY. TEXAS SHEET 3 OF 3 - nWrl FILE: 3369-13.018EK1.DWO Lot 1, Block 32 of The Preserve at Pecan Creek Section A3, an addition to the City of Denton, Denton County, Texas, according to the amending final plat thereof, recorded in Cabinet V, Page 279 of the Plat Records of Denton County, Texas.