HomeMy WebLinkAbout25-126 INCOMPLETEORDINANCE NO. 25-126
AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT,
RELINQUISHMENT, AND QUITCLAIM OF A PUBLIC UTILITY EASEMENT
APPROXIMATELY A TOTAL OF 0.0597-ACRES, SITUATED IN THE W. NEIL SURVEY,
ABSTRACT NUMBER 971, RECORDED BY COUNTY CLERK DOCUMENT NUMBER
2000-44331, PLAT RECORDS, DENTON COUNTY, TEXAS GRANTED TO THE CITY OF
DENTON BY DENTON AREA TEACHERS CREDIT UNION; PROVIDING FOR THE
QUITCLAIM THEREOF TO CDI CEDAR, LLC, A TEXAS LIMITED LIABILITY COMPANY;
PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT AND
QUITCLAIM MADE HEREIN; PROVIDING FOR THE CONVEYANCE OF A NEW
EASEMENT TO THE CITY OF DENTON AND THE RELOCATION OF EXISTING
FACILITIES; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF DENTON
AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT HEREIN; PROVIDING
FOR CONSIDERATION TO BE PAID TO THE CITY OF DENTON; PROVIDING FOR A
FUTURE EFFECTIVE DATE FOR THE ABANDONMENT, RELINQUISHMENT
AND QUITCLAIM MADE HEREIN; PROVIDING FOR THE PAYMENT OF THE
PUBLICATION FEE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton (“City”) is the holder of a 0.0597 acre Public Utility
Easement granted by Denton Area Teachers Credit Union, recorded by County Clerk File No.
2000-44331, Plat Records of Denton County, Texas (the “Subject Easement”) being more
specifically depicted in Exhibit “A,” attached hereto; and
WHEREAS, CDI Mulberry, LLC., a Texas limited liability company, (“Grantee“), is the
record abutting owner of the property to the Subject Easement, Warranty Deed recorded by County
Clerk File Number 2024-127310, Real Property Records, Denton County, Texas; and
WHEREAS, the Grantee has requested the City to abandon, relinquish, and quitclaim the
Subject Easement that encumbers an area of the Grantees Lot, known as Lot 1, Block A, Hall-
Lewis Addition, recorded by County Clerk File No. 2000-44331, Plat Records of Denton County,
Texas and restricts the Lot from being developed for its slated multi-family use; and
WHEREAS, the Grantee, as required by the Denton Development Code, shall construct
public infrastructure improvements to provide the necessary public utility improvements for the
development and shall convey public easements by separate instrument (“New Easement”) for
which the new public improvements are located within; and
WHEREAS, City Staff reviewed the request of the Grantee and determined that the Subject
Easement is no longer necessary for any current or future public utility project which will allow for
the area to be developed with permitted improvements, and City Staff recommends the Subject
Easement be released, abandoned, and quitclaimed in its entirety as specified herein; and
WHEREAS, the City Engineer and Public Works staff have confirmed that the property has
been developed in such a manner that the Subject Easement is no longer necessary to address
previous public drainage concerns on the property or for any current or future public utility projects;
and
WHEREAS, Section 272.001 (b)(2) of the Texas Local Government Code provides an
applicable exception to the notice and bidding requirements where land and interests to be
abandoned are used by easement, fair market value has been determined, and the exchange
transaction is with an adjacent landowner; and
WHEREAS, Section 272.001 also provides that the land and those interests may be
conveyed, sold, or exchanged for less than the fair market value if exchanged with an abutting
property owner who owns the underlying fee simple; and
WHEREAS, an independent appraisal of the Subject Easement area was provided by the
Grantee and it lists the fair market value at Twenty Six Thousand, and 00/100 Dollars
($26,000.00); and
WHEREAS, staff recommends releasing the Subject Easement at no cost to the Grantee
as the City was conveyed the easement by plat dedication at no cost, the existing sanitary sewer
infrastructure within the Abandonment Tract is being re-routed by the Grantee, Grantee will
provide New Easement to the City, and Staff has no identified current or future use for the Subject
Easement; and
WHEREAS, the City Council of the City of Denton, acting pursuant to law and upon the
request and petition of the Grantee is of the opinion that the best interest and welfare of the City
will be served by abandoning, relinquishing and quitclaiming the City of Denton’s right, title and
interest in and to the Subject Easement to the Grantee, and is of the opinion that, subject to the terms
and conditions hereinafter provided, the Subject Easement area is no longer needed for municipal
use, and same should be abandoned relinquished and quitclaimed to the Grantee as hereinafter
provided, for consideration hereinafter stated; and
WHEREAS, the City Council of the City of Denton is of the opinion that the best interest
and welfare of the City will be served by abandoning, relinquishing and quitclaiming the Subject
Easement to the Grantee for the consideration and subject to the terms and conditions
hereinafter more fully set forth; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. The recitations and finding set forth above are incorporated herein by
reference.
SECTION 2. That the City of Denton hereby abandons and relinquishes all of its right,
title and interest in and to the tract of land described in Exhibit A, attached hereto and made
apart hereof; subject to the conditions and future effective date hereinafter more fully set out.
SECTION 3. That for and in monetary consideration of the sum of Three Thousand, Two
Hundred Eighty- Six and 00/100 Dollars ($3,286.00) paid by the Grantee and the further
consideration described in Sections 4, 7 and 9, the City of Denton does by these presents
FOREVER QUITCLAIM unto the said Grantee, subject to the conditions, reservations, and
exceptions hereinafter made and with the restrictions and upon the covenants below stated, all its
right, title in and to the certain tract or parcel of land hereinabove described in Exhibit A. TO
HAVE AND TO HOLD all of such right, title and interest in and to the property and premises,
subject aforesaid, together with all and singular the rights, privileges, hereditaments and
appurtenances thereto in any manner belonging unto the said Grantee forever may be abandoned,
released, and quitclaimed unto the said Grantee.
SECTION 4. That upon payment of the monetary consideration set forth in Section 3,
GRANTEE accepts the terms, provisions, and conditions of the ordinance.
SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein
are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all
existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface,
underground or otherwise, if any, whether apparent or non-apparent, aerial, surface, underground
or otherwise .
SECTION 6. That the terms and conditions contained in this ordinance shall be binding
upon the Grantee, its heirs, successors and assigns.
SECTION 7. That the abandonment, relinquishment and quitclaim provided for
herein shall extend only to that interest the Governing Body of the City of Denton may
legally and lawfully abandon, relinquish and quitclaim.
SECTION 8. THAT AS A CONDITION OF THIS ABANDONMENT AND AS A
PART OF THE CONSIDERATION FOR THE QUITCLAIM TO THE GRANTEE, ITS
HEIRS, SUCCESSORS AND ASSIGNS, AGREE TO INDEMNIFY, DEFEND, RELEASE
AND HOLD HARMLESS THE CITY OF DENTON TO ANY AND ALL CLAIMS FOR
DAMAGES. FINES, PENALTIES. COSTS OR EXPENSES TO PERSONS OR PROPERTY
THAT MAY ARISE OUT OF, OR BE OCCASIONED BY OR FROM: (1) THE USE AND
OCCUPANCY OF THE AREA DESCRIBED IN EXHIBIT A BY THE GRANTEE, ITS
HEIRS, SUCCESSORS AND ASSIGNS; (I1) THE PRESENCE, GENERATION,
SPILLAGE, DISCHARGE, RELEASE, TREATMENT OR DISPOSITION OF ANY
HAZARDOUS SUBSTANCE ON OR AFFECTING THE AREA SET OUT IN EXHIBIT A;
(II1) ALL CORRECTIVE ACTIONS CONCERNING ANY DISCOVERED HAZARDOUS
SUBSTANCES ON OR AFFECTING THE AREA DESCRIBED IN EXHIBIT A, WHICH
THE GRANTEE, ITS HEIRS, SUCCESSORS AND ASSIGNS, AGREE TO UNDERTAKE
AND COMPLETE IN ACCORDANCE WITH APPLICABLE FEDERAI is STATE AND
LOCAL LAWS AND REGULATIONS; AND (IV) THE ABANDONMENT, CLOSING,
VACATION AND RELEASE BY THE CITY OF DENTON OF THE AREA SET OUT IN
EXHIBIT A. THE GRANTEE. ITS HEIRS. SUCCESSORS AND ASSIGNS. HEREBY
AGREE TO DEFEND ANY AND ALL SUITS, CLAIMS, OR CAUSES OF ACTION
BROUGHT AGAINST THE CITY OF DENTON ON ACCOUNT OF SAME, AND
DISCHARGE ANY JUDGMENT OR JUDGMENTS THAT MAY BE RENDERED
AGAINST THE CITY OF DENTON IN CONNECTION THEREWITH. FOR PURPOSES
HEREOF, “HAZARDOUS SUBSTANCE” MEANS THE FOLLOWING: (A) ANY
“HAZARDOUS SUBSTANCES” UNDER THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION. AND LIABILITY ACT, 42 U.S.C. SECTION 9601 ET
SEQ., AS AMENDED; (B) ANY “HAZARDOUS SUBSTANCE” UNDER THE TEXAS
HAZARDOUS SUBSTANCES SPILL PREVENTION AND CONTROL ACT, TEX.
WATER CODE, SECTION 26.261 ET SEQ., AS AMENDED; (c) PETROLEUM OR
PETROLEUM-BASED PRODUCTS (OR ANY DERIVATIVE OR HAZARDOUS
CONSTITUENTS THEREOF OR ADDITIVES THERETO), INCLUDING WITHOUT
LIMITATION, FUEL AND LUBRICATING OILS; (D) ANY “HAZARDOUS
CHEMICALS” OR “TOXIC CHEMICALS” UNDER THE OCCUPATIONAL SAFETY
AND HEALTH ACT, 29 u.s.c. SECTION 651 ET SEQ., AS AMENDED; (E) ANY
“HAZARDOUS WASTE” UNDER THE RESOURCE CONSERVATION AND
RECOVERY ACT, 42u.s.c. SECTION 6901 ET SEQ., AS AMENDED; AND (F) ANY
“CHEMICAL SUBSTANCE” UNDER THE TOXIC SUBSTANCE CONTROL ACT, 15
u.s.c. SECTION 2601 ET SEQ., AS AMENDED. REFERENCES TO PARTICULAR ACTS
OR CODIFICATIONS IN THIS DEFINITION INCLUDE ALL PAST AND FUTURE
AMENDMENTS THERETO. AS WELL AS APPLICABLE RULES AND REGULATIONS
AS NOW OR HEREAFTER PROMULGATED THEREUNDER.
SECTION 9. That this abandonment, relinquishment and quitclaim of the City’s right, title
and interest in and to Subject Easement shall not become effective until and unless: (i) the existing
installations and facilities are relocated, at Grantee ’s expense, to the New Easement, to be provided
by Grantee and acceptable to the Director of Development Services, as is hereinafter provided; and
(ii) plans for the construction and relocation of installations within the new easement are approved
by the Director of Development Services; and (iii) said construction and relocation of installations
are completed, approved and accepted in writing by the Director of Development Services. Grantee
will grant the new easement at no cost consideration to the City and all work shall be done at the
sole cost of Grantee and to the satisfaction of the Director of Development Services. Failure to
relocate to the new easement in accordance with the terms of this section shall render this ordinance
null and void and of no further effect.
SECTION 10. That the abandonment, relinquishment, and quitclaim made herein shall be
subject to GRANTEE conveying an easement to the City of Denton for sanitary sewer purposes
within 60 days of the effective date of this ordinance as part of the consideration for the property
herein abandoned by the City of Denton and QUITCLAIMED to the GRANTEE. Said easement to
be conveyed shall be acceptable to the Director of Development Services of the City of Denton and
contain approximately 5,454 square feet of land located in the William Neil Survey, Abstract No.
971, City of Denton, Denton County, Texas, and being situated in Lot 1, Block A of Hall- Lewis
Addition., a description is attached hereto and made a part of hereof as Exhibit B. Failure to convey
the above-described easement as set forth shall render this ordinance null and void and of no further
effect
SECTION 11. Upon evidence showing satisfaction of the above requirements, the City
Manager, or designee, is authorized to execute a quitclaim deed document evidencing the
abandonment of the Subject Easement, suitable for recordation in the Real Property Records of
Denton County, Texas.
SECTION 12. That at such time as the instrument described in Section 10 above is executed
and delivered to the City of Denton and has been approved as to form by the City Attorney it be
accepted, and thereafter, the Director of Development Services is authorized and directed to record
said instrument in the Deed Records of Denton County, Texas; and the recorded instrument shall be
forwarded to the City Secretary for permanent record.
SECTION 13. That the City Secretary is hereby authorized and directed to certify a copy of
this ordinance for recordation in the Deed Records of Denton County, Texas, which certified copy
shall be delivered to the Director of Development Services, or designee.
SECTION 14. Notwithstanding anything to the contrary contained in this ordinance, the City
of Denton retains and reserves any and all easements, rights of way, and any other rights or interests,
other than the Subject Easements abandoned, relinquished and quitclaimed in Section 2 above,
whether acquired, obtained, owned, or claimed by the City of Denton 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 Subject Easements may cover, encumber,
include, cross, or overlap.
SECTION 15. The provisions of this ordinance are severable, and the invalidity of any
phrase, clause, or part of this ordinance shall not affect the validity or effectiveness of the remainder
of the ordinance.
SECTION 16. This ordinance shall become effective immediately upon its passage and
approval.
[Signatures to appear on the following page .]
The motion to approve this ordinance was made by Gerard Hudspeth and seconded
motion to approve this ordinance was made by Jill Jester, the ordinance was passed and approved
by the following vote [ 6 - 0 ]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee. At Large Place 5 :
Jill Jester, At Large Place 6:
X
X
X
X
X
X
X
PASSED AND APPROVED this the 18th day of February, 2025.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY L\\1111111/
dau',uk. fhM
APPROVED AS TO LEGAL FORM:
MACK RE[NWAND, CITY ATTORNEY
bY'. au$apyM b). Sw7)Ze dd
EXHIBIT "A"
BEING a tract of land situated in the William Neil Survey, Abstract No. 971, City of Denton, Denton County, Texas,
and being situated in Lot 1, Block A of Hall-Lewis Addition, an addition to the City of Denton, according to the Final
Plat, recorded in Cabinet R, Page 378 of the Plat Records of Denton County, Texas, same being situated in Tract I
(called 1.47-acres), described in a deed to CDI Cedar, LLC, as recorded in Instrument No. 2021-54033 of the
Official Records of Denton County, Texas, same also being a portion of a 15' wide utility easement as depicted in
Baine's Addition, an addition to the CIty of Denton, as recorded in Volume Z, Page 507 of the Plat Records of
Denton County, Texas, and being more particularly described by metes and bounds as follows
COMMENCING at a 5/8-inch iron rod with a red plastic cap, stamped “KHA” set on the south line of said Lot 1 and
the north right of way line of Mulberry Street, a 60' wide right of way, and being the southeast corner of said Tract 1
(called 1.47-acres) and the southwest corner of Tract 2 (called 0.23-acres), as described in said deed to CDI Cedar,
LLC
THENCE South 89'51'58" West, along the south line of said Lot 1 and said Tract 1 (called 1.47-acre tract), and the
north right of way line of said Mulberry Street, a distance of 177.10 feet to the southeast corner of said 15' wide
utility easement, and being the POINT OF BEGINNING of the herein described easement abandonment tract;
THENCE South 89'51'58" West, continuing along the south line of said Lot 1 and said Tract 1 (called 1.47-acre
tract), and the north right of way line of said Mulberry Street, a distance of 15.00 feet to a point for corner;
THENCE North 00'19'56" West, departing the south line of said Lot 1 and said Tract 1 (called 1.47-acre tract), and
the north right of way line of said Mulberry Street, along the westerly line of said 15' wide utility easement, a distance
of 173.02 feet to a point for corner on the northerly line of said Lot 1 and said Tract 1 (called 1.47-acre tract);
THENCE North 89'08’36" East, departing the westerly line of said 15' wide utility easement, along a northerly line of
said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of 9.52 feet to a point for corner;
THENCE North 00'51'24" West, continuing along a northerly line of said Lot 1 and said Tract 1 (called 1.47-acre
tract), a distance of 1 . 10 feet to a point for corner;
THENCE North 89'53'14" East, continuing along a northerly line of said Lot 1 and said Tract 1 (called 1.47-acre
tract), a distance of 5.49 feet to a point for corner on the easterly line of said 15' wide utility easement;
THENCE South 00'19'56" East, departing a northerly line of said Lot 1 and said Tract 1 (called 1.47-acre tract),
along the easterly line of said 15' wide utility easement, a distance of 174.23 feet to the POINT OF BEGINNING and
containing 0.0597 of an acre (2,602 square feet) of land, more or less
EXHIBIT "A"
0.0597 ACRE (2,602 SQ. FT.)
LOT 1 , BLOCK A, HALL-LEWIS ADDITION
CITY OF DENTON
DENTON COUNTY, TEXAS
MICHAEL B. MARX
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5181
6160 WARREN PKVW., SUITE 210
FRISCO. TEXAS 75034
PH. 972-335-3580
ey-horn.com
~abbmIIN/A 1 MBM I KHA
MARX. MICHAEL 12/20/2024 6: 30 AM K:\FRI_SURVEY\064186007-MULBERRY-HICKORY TRACT - DENTON\DWG\064186007 UTIL ES ABANDI.DWG
m
Dec. 2024
TMi
064186007 1 IOF2
I EXHIBIT "A"-L
C)
-J
<(
CD
LUb-
ncq
ET
bCZ
<I
N \
ii
gS
g 1
I
<
8
11‘
gg!!
LU
LU
a(O
a(
8
0
I I
I
X
i IS
tae
E :iiInto
Jg
b g$8EJ
bIg
1-
B)8
g:
1-
ge
[ E 1c!!!!!
OZ-1
I
I
I
I
I
b-
C)
<
acb-
I
I
I
I
0.230 ACRE
AZER E. COX
INST. NO. 2020-1 13972
O.R.D.C.T.
F-
LU
LLI
nc
F-
C/)
]„:I.I TRACT 2 (CALLED 0.26 ACRES)
CDI CEDAR, LLC
INST. NO. 2021-54033
O.R.D.C.T. IL3
XF
nc
<a
LU
O"”T=3/~:;{£ iII::'=al
O.R.D.C.T. R
*~'Ij'I}$:"i
\ :9
15' UTILITY
EASEMENT
VOL. Z, PG. 507
o.0597 ACiE
(2,602 SQ. FT.)
TRACT 3 (CALLED 0.23 ACRES) ,
CDI CEDAR. -LLC I
INST. NO. 2021-54033
I ""' I
\
DRAINAGE EASEMENT AREA
CAB. R. PG. 378
\\\
S89'51'58’'W
15.OO'
S89'51'58"W 177.10'
MI STREET
LEGEND (60' RIGHT OF WAY)
P.0.C. = POINT OF COMMENCING
P.0.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
XF = CUT X FOUND
PKF = PK-NAIL FOUND
P.R.D.C. T. = PLAT RECORDS OF DENTON COUNTY
TEXAS
0.R.D.C.T. = OFFICIAL RECORDS, DENTON
COUNTY, TEXAS
BLOCK 1, LOT 1
SYCAMORE ADDITION
DOC. NO. 2023-8
P. R.D.C.T.
Bearing system based on the Texas
Coordinate System of 1983, North Centra
Zone (4202), North American Datum of
EXHIBIT "A"
0.0597 ACRE (2,602 SQ. FT.)
LOT 1, BLOCK A, HALL-LEWIS ADDITION
CITY OF DENTON
DENTON COUNTY, TEXAS
REGISTERED PROFESSIONAL MICHAEL B. MARX
LAND SURVEYOR NO. 5181
6160 WARREN PKWY., SUITE 210
FRISCO, TEXAS 75034
PH. 972-335-3580 Q:h:gb
michael.marx@kimley-horn. com
ERm
1 " = 50'
DBEmEql
MBM
MD
KH A 1 Dec. 2024
DaMIHMm
064186007 1 20F2
EXHIBIT "B"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAI, 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:
IYOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. I
PUBLIC SANITARY SEWER EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
RECITALS :
THAT CDI Cedar, LLC, a Texas limited liability company., a Texas limited partnership,
(Grantor) in consideration of the sum of ONE DOLLAR and NO CENTS ($ 1.00) and other good
and valuable consideration in hand paid by the City of Denton, Texas, (Grantee), receipt of
which is hereby acknowledged, does by these presents GRANT, GIVE, and CONVEY unto the
City of Denton, Texas, the non-exclusive right free and uninterrupted use, liberty and privilege
of the passage in, along, upon and across the following described property, owned by Grantor
and situated in Denton County, Texas, in the B.B.B. & C.R.R. Survey, Abstract No. 192.
PROPERTY AREA DESCRIBED IN EXHIBIT “A“ AND ILLUSTRATED IN EXHIBIT
“B” ALL ATTACHED HERETO AND MADE A PART HEREOF, (the “Easement
Property”)
The Easement Property easement is granted for the purpose of constructing,
reconstructing, installing, repairing, and perpetually maintaining a public sanitary sewer line and
its related appurtenances (hereafter, the “Facilities”) in, along, upon and across said premises,
with the right and privilege – but not responsibility - at all times of the Grantee herein, his or its
agents, employees, workmen and representatives having ingress, egress, and regress in, along,
upon and across said premises for the purpose of making additions to, improvements on and
repairs to the said public facilities or any part thereof.
This easement is hereby adopted by the Grantor and approved by the City of Denton
(called "City") subject to the following conditions that shall be binding upon the Grantor, their
heirs, grantees, and successors:
1. The Public Sanitary Sewer Easement tract described in Exhibit '’A“ and illustrated in
Exhibit "B", attached herewith, shall always be maintained in a safe and sanitary
condition by the Grantor, their heirs, grantees, and successors.
Construction of the Facilities shall be at the sole expense of CDI Cedar, LLC, in
accordance with plans approved by the City of Denton pursuant to the timelines and
criteria established in the Denton Development Code.
CDI Cedar, LLC has the right to remove or relocate any fences within the Easement
Property or along or near its boundary lines if reasonably necessary to construct,
install, replace, or remove the Facilities, subject to replacement of the fences to their
original condition on the completion of any work.
CDI Cedar, LLC, shall maintain the Easement Property, including the Facilities
located therein, in good working order. Should CDI Cedar, fail to so maintain the
Facilities, City of Denton has the right, but not the obligation, after sending written
notice to CDI Cedar, LLC, to complete work necessary to bring the Facilities back to
good working order. CDI Cedar, LLC. shall reimburse the City upon demand, within
thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
In the event that CDI Cedar, LLC or its successors or assigns fail to pay the City for
the costs incurred under this section, the City shall impress a lien for the costs of such
work the Renegade Development.
Although this Easement shall be held by the City of Denton for the benefit of the
public, City of Denton shall have no maintenance, repair, or inspection
responsibilities of the Facilities. The City has the right, but not the obligation, to
provide work on this easement. Grantor, their heirs and assigns are responsible or
this easement and will be responsible or any work and maintenance now and in the
future .
City of Denton shall not be liable for any damages of any nature resulting from CDI
Cedar, LLC’s construction, reconstruction, or repair of the Facilities.
This easement is nonexclusive, perpetual, and may only be revoked by written
agreement of both parties. This agreement binds, benefits, and may be enforced by
the parties and their respective heirs, successors, and permitted assigns.
WHEREAS, this present Sanitary Sewer Easement Agreement is undertaken by
Grantor and City of Denton to establish rights and responsibilities for constructing,
reconstructing, installing, repairing, and perpetually maintaining a re-located sanitary
sewer easement to serve the (yellow/insert descriptor from above) parcel(s); and
2.
3.
4.
5.
6.
7.
8
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the
purposes aforesaid the premises above described.
Witness its hand. this day of , 20
By: CDI Cedar, LLC,
a Texas limited liability company
By:.
Print Name:
Print Title :
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
CDI Cedar, LLC, a Texas
limited liability company, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed, in the capacity therein state and as the act and deed of said
DINI LAND, LTD., a Texas limited partnership.
Given under my hand and seal of office on this day of , 20
Notary Public, State of
Printed name:
My commission expires:
Accepted this day of
Texas (Resolution No. 91-073).
, 20 for the City of Denton,
BY:
AFTER RECORDING RETURN TO:
Development Services – Planning Division
401 N. Elm Street
Denton, Texas 76201
Attention: Mark Laird
EXHIBIT "A"
BEING a tract of land situated in the William Neil Survey, Abstract No. 971, City of Denton, Denton County, Texas,
and being situated in Lot 1, Block A of Hall-Lewis Addition, an addition to the City of Denton, according to the Final
Plat, recorded in Cabinet R, Page 378 of the Plat Records of Denton County, Texas, same being situated in Tract I
(called 1.47-acres), described in a deed to CDt Cedar, LLC, as recorded in Instrument No. 2021-54033 of the
Official Records of Denton County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod with a red plastic cap, stamped “KHA'’ set on the south line of said Lot 1 and
the north right of way line of Mulberry Street, a 60' wide right of way, and being the southeast corner of said Tract 1
(called 1.47-acres) and the southwest corner of Tract 2 (called 0.23-acres), as described in said deed to CDI Cedar,
LLC
THENCE South 89'51'58" West, along the south line of said Lot 1 and said Tract 1 (called 1.47-acre tract), and the
north right of way line of said Mulberry Street, a distance of 23.12 feet to the POINT OF BEGINNING of the herein
described easement tract;
THENCE South 89'51'58" West, continuing along the south line of said Lot 1 and said Tract 1 (called 1.47-acre
tract), and the north right of way line of said Mulberry Street, a distance of 16.00 feet to a point for corner;
THENCE North 00'08'02" West, departing the south line of said Lot 1 and said Tract 1 (called 1.47-acre tract), and
the north right of way line of said Mulberry Street, crossing said Lot 1 and said Tract 1 (called 1.47-acres). a
distance of 129.69 feet to a point for corner;
THENCE North 46'17'26" West, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
36.11 feet to a point for corner;
THENCE South 89'38'58" West, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
63.81 feet to a point for corner;
THENCE South 78'44'50" West, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
14.69 feet to a point for corner;
THENCE South 89'51'58" West, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
68.45 feet to a point for corner;
THENCE North 00'03’34'’ West, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
20.80 feet to a point for corner on a northerly line of said Lot 1 and said Tract 1 ;
THENCE North 89'07'20'’ East, along a northerly line of said Lot 1 and said Tract 1 (called 1.47-acre tract), a
distance of 16.00 feet to a point for corner;
0.1252 ACRE (5,454 SQ, FT,)
LOT 1, BLOCK A, HALL-LEWIS ADDITION
CITY OF DENTON
DENTON COUNTY, TEXAS
MICHAEL MARX
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5181
6160 WARREN PKWY., SUITE 210
FRISCO. TEXAS 75034
;TJ;h9Jet :B: : :: g:i :n 1 e y = h o r n p c o rn n=
MARX. MICHAEL 1/27/2025 8:12 AM K:\FRI SURVEY\064186007.MULBERRY-HICKORY TRACT - DENTON\DWG\064186007 SSESI.DWG
d
KHA
at
Oct. 2024
•IEaIMnFl–FTnFnHU
064186007 1 1 OF3
EXHIBIT "A"
THENCE South 00'03'34" East, departing a northerly line of said Lot 1 and said Tract 1 (called 1.47-acre tract)1
crossing said Lot 1 and said Tract 1 (called 1.47-acres), a distance of 7.01 feet to a point for corner;
THENCE North 89'51'58'’ East, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
51.07 feet to a point for corner;
THENCE North 71'04'47" East, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
14.99 feet to a point for corner;
THENCE North 89'38'58" East, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
71.81 feet to a point for corner;
THENCE South 46'17'26'’ East, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
20.29 feet to a point for corner;
THENCE North 00'08'02" West, a distance of 17.22 feet to a point for corner on a northerly line of said Lot 1 and
said Tract 1 ;
THENCE North 89'52'14'' East, along a northerly line of said Lot 1 and said Tract 1 (called 1.47-acre tract), a
distance of 12.00 feet to a point for corner;
THENCE South 00'08'02" East, departing a northerly line of said Lot 1 and said Tract 1 (called 1.47-acre tract),
crossing said Lot 1 and said Tract 1 (called 1.47-acres), a distance of 28.74 feet to a point for corner;
THENCE South 46'17'26" East, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
12.48 feet to a point for corner;
THENCE South 00'08'02" East, continuing across said Lot 1 and said Tract 1 (called 1.47-acre tract), a distance of
136.51 feet to a point for corner; to the POINT OF BEGINNING and containing 0.1252 of an acre (5,454 square
feet), more or less .
0.1252 ACRE (5,454 SQ, FT,)
LOT 1, BLOCK A, HALL-LEWIS ADDITION
CITY OF DENTON
DENTON COUNTY, TEXAS1 /27/25
MICHAEL B. MARX
eRBREGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5181
6160 WARREN PKWY., SUITE 210
FRISCO, TEXAS 75034
PH. 972-335-3580
michael.marx@kimley-horn.com
l
I
I
I i
I
I EXHIBIT "B"I
O
:1
<(9
LLIt-
ncq
B
bC2I
hI
ii
g$
y 1
-1
LU
OCO
<
B
d
I
hi!1I
iii i
I
S
B 6
y ! ::
F- SgfgS
bIg1-
Hi
! b ! :i
g:
b-BQBqf:i
La
g k
ggB+
i ?
og
!gil
OZ-\
1'LL
d
C/)8K)
aS
I
I
I
I
I
I
I
I
I
I
I0.230 ACRE
AZER E. COX
INST. NO. 2020-1 1 3972
O.R.D.C.T.
1:
11
'SO'03'34"E
1-
LLI
LLI
nc1-
C/)
LLIt NO'08'02"W
17.22'N71'04'47"E
,N89'52'14"E
12.OO'
TRACT 2 (CALLED 0.26 ACRES)
CDI CEDAR. LLC
INST. NO. 2021-54033
0.R.D.C.T.N89'07'20"E
16.OO'7.Of'
XF
14.99'S46' 1 7'26"E
20.29'
I
IPKLd
NO'03'34"W .T
N89'51'58"E
T1
gill•liBaI SO'08'02"E
28.74'
BEFnHiR:mUMI \–s78'44'50„wl
I POSSIBLE 14.69'
T R /\\ c T & # 2 m : •rbA 1c R E s ) [4 GL FFT; [ I= a : i E M E N TINST. NO, 2021-54033 : :
O.R.D.C.T. I I
20.80'A:ER:A:M M:11 S46'17'26"E
12.48'/\-1/
IJ
E
,a)
nc
<a
LLI
O
N46' 1 7'26"W
36.11 '
’'**.\
\\\
\
I
I
I
I
I
I
I
I
I
I
0.1252 ACRE (5,454 SQ. FT.)
FIZ
a)
COa)(\I
gI
&I0
600
1
/
yI
I
;8 S LU
a\I0
800b
IcDD\ I
I\ \
TRACT 3 (CALLED 0.23 ACRES) ,
CDI CEDAR, -LLC IINST. NO. 2021-54033
I '"'“- IDRAINAGE EASEMENT AREA
CAB. R, PG. 378 I I
\
\-\\
\\\
\
I
I
I
I
I
I
/
/
1
S89'51'58''W'
16.OO'
P.0.C
5/8" IRSCMULBERRYSTREET
(60' RIGHT OF WAY)
S89'Pan–23. 12'
-1'58"W
LEGEND
P.0.C. = POINT OF COMMENCING
P.0.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
XF = CUT X FOUND
PKF = PK-NAIL FOUND
P.R.D.C.T. = PLAT RECORDS OF DENTON COUNTY
TEXAS
0.R.D.C.T. = OFFICIAL RECORDS, DENTON
COUNTY, TEXAS
BLOCK 1, LOT 1
SYCAMORE ADDITION
DOC. NO. 2023-8
P.R.D.C.T.
Bearing system based on the Texas
Coordinate System of 1983, North Central
Zone (4202), North American Datum of
EXHIBIT "B"
0.1252 ACRE (5,454 SQ, FT,)
LOT 1, BLOCK A, HALL-LEWIS ADDITION
CITY OF DENTON
1 /27/25 DENTON COUNTY, TEXAS
REGISTERED PROFESSIONAL MICHAEL B. MARX
LAND SURVEYOR NO. 5181
Q&':
B
6160 Warren
Frisco, Texas 75034
’»>Horn
t972{ 335-3779
Tel. No
Fax No.FIRM
6160 WARREN PKWY., SUITE 210
FRISCO, TEXAS 75034
PH. 972-335-3580
michael.marx@kimley-horn.com
Ma
1" = 50'
MG: II.FI
MBM
m
KHA I Oct. 2024
laMMjn@RIB
064186007 1 30F 3
/27/2025 8:12 AM K:\FRI SURVEY\064186007-MULBERRY-HICKORY TRACT - DENTON\DWG\064186007 SSESI.DWG