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Home My WebLink About2008-130ORDINANCE NO. 2008--Z K— AN ORDINANCE APPROVING AN INGRESS AND EGRESS EASEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS, AS GRANTOR, AND ONCOR ELECTRIC DELIVERY COMPANY LLC, AS GRANTEE, REGARDING A 0.046 ACRE TRACT OF LAND LOCATED IN THE MYERS, JOHNSON, BRUMMET AND GREENE SURVEY, ABSTRACT NO. 1699, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 91h day of June, 2008 the Public Utilities Board considered this transaction and recommended approval thereof by a vote of 4 to 0; and WHEREAS, the City Council finds that approval of an Ingress and Egress Easement to Oncor Electric Company LLC ("Oncor") which is more particularly reperesented in Exhibit "A" attached hereto and made a part hereof by reference (the "Basement") is in the public interest; and THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herewith by reference. SECTION 2. The Ingress and Egress Easement from the City of Denton, Texas, as Grantor to Oncor Electric Delivery Company LLC., as Grantee, a copy of which easement is attached hereto as Exhibit "A" and incorporated herewith by reference, is hereby approved and the City Manager or his designee is hereby authorized to execute said Easement on behalf of the City of Denton, Texas. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day o12008. 6 2yRq Qf PERK . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Page 1 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BT �jnV Page 2 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. INGRESS AND EGRESS EASEMENT THE STATE OF TEXAS, 5 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 8 WHEREAS, The City of Denton, a municipal corporation, of Denton County, Texas, herein after called ^GRANTOR", is the owner of a 1.33 acre tract situated in the Myers, Johnson, Brummet and Greene Survey, Abstract No. 1699, Denton County, Texas; said tract being more particularly described in a Deed being recorded January 4, 1983, in Volume 1185, Page 999, Deed Records, Denton County, Texas. AND, WHEREAS, GRANTOR desires to create an approximate Thirty foot (301) Ingress and Egress Easement (hereinafter referred to as `EASEMENT") over and across a portion of the property described in the aforementioned Warranty Deed, for the benefit of ONCOR ELECTRIC DELIVERY COMPANY LLC, of Dallas County, Texas, hereinafter called ^GRANTEE", the said EASEMENT being a 0.046 acre tract of land (the ^Easement Property") situated in the Myers, Johnson, Brummet and Greene Survey, Abstract No. 1699, Denton County, Texas; and being more particularly described on the EXHIBIT "A", and illustrated on the EXHIBIT "B", attached and made a part hereof. NOW, THEREFORE, for and in the consideration of the sum of TEN and N0/100 DOLLARS ($10.00), the receipt of which is hereby acknowledged by GRANTOR, in hand paid by GRANTEE does hereby GRANT, BARGAIN AND CONVEY unto GRANTEE, its successors and assigns, and easement for the purpose of ingress and egress over, upon and across the aforementioned Basement Property. Said EASEMENT shall be perpetual, shall run with the land and title thereto, and shall be binding on and shall inure to the benefit of the parties hereto, their successors or assigns, and any person who shall hereafter acquire title to the subject Basement Property. EXECUTED THE DAY OF JUNE, 2008. By: CITY OF DENTON George C. Campbell,' City Manager ACKNOWLEDGEMENT THE STATE OF TEXAS 5 COUNTY OF DENTON I This instrument was acknowledged before me oa 200E by George C. Campbell, City Manager, City of De ton, Texas. ..r JANE E. RICHARDSON Notary Public, State of Texas „= My Commission Expires li �'tr, �t'•` June 27. 2009 11 UPON FILING RETURN TO: City of Denton 601 East Hickory Street, Suite B Denton, Texas 76205 ATTN: Paul Williamson N`t�lic, in and for the State of Texas My Commission Expires PROJECT: KRUM TAP SWITCH OWNER: THE CITY OF DENTON, TEXAS SURVEY: MYERS, JOHNSON, BRUMMET AND GREENE SURVEY, ABSTRACT No.1699, DENTON COUNTY, TEXAS EXHIBIT "A" Being a permanent access easement situated in the Myers, Johnson, Brummet and Greene Survey, Abstract No. 1699 Denton County, Texas, and being out of a 1.33 acre tract of land (by deed) deeded to The City of Denton, Texas as recorded in Volume 1185, Page 999 of the Deed Records of Denton County, Texas, said permanent access easement being more particularly described by metes and bounds as follows: BEGINNING at a point in the easterly line of said 1.33 acre tract of land, from which a 1/2 inch iron rod found for the southeast corner of said 1.33 acre tract of land bears South 18 degrees 57 minutes 13 seconds West, a distance of 122.94 feet; THENCE North 01 degrees 00 minutes 40 seconds West, a distance of 113.41 feet to a point for the beginning of a curve to the left having a radius of 25.00 feet, a central angle of 32 degrees 40 minutes 00 seconds and whose chord bears North 17 degrees 20 minutes 40 seconds West, a distance of 14.06 feet; THENCE with said curve to the left, an arc length of 14.25 feet to a point for comer in the north line of said 1.33 acre tract of land, said point being in the south line of Jim Christal Road (an undedicated right-of-way), from which a 1/2 inch iron rod found for the northwest comer of said 1.33 acre tract of land bears South 89 degrees 03 minutes 00 seconds West (Reference Bearing), a distance of 237.02 feet; THENCE North 89 degrees 03 minutes 00 seconds East, with the north line of said 1.33 acre tract of land and with the south line of said Jim Christal Road, a distance of 27.89 feet to a point for the beginning of a non -tangent curve to the left having a radius of 25.00 feet, a central angle of 32 degrees 35 minutes 08 seconds and whose chord bears South 15 degrees 16 minutes 54 seconds West, a distance of 14.03 feet, from which a 1/2 inch iron rod found for the northeast comer of said 1.33 acre tract of land bears North 89 degrees 03 minutes 00 seconds East, a distance of 22.15 feet; THENCE with said non -tangent curve to the left, an arc length of 14.22 feet to a point for comer; THENCE South 01 degrees 00 minutes 40 seconds East, a distance of 58.35 feet to a point for corner in the easterly line of said 1.33 acre tract of land; THENCE South IS degrees 57 minutes 13 seconds West, with the easterly line of said 1.33 acre tract of land, a distance of 58.57 feet to the POINT OF BEGINNING, and containing 2,021 square feet or 0.046 acres of land, more or less. Note: Basis of Bearings established from Trustee's Deed dated 01-04-1983 and recorded in Volume 1185, Page 999 of the Deed Records of Denton County, Texas, with controlling monuments shown on this document. Date: March 21, 2007 ". ............ ............ Curtis Smith `<, ..� Registered Professional Land Surveyor No. 5494 , K"FAR r AND MGM Of WAY Yp, 2 EXHIBIT 19B 91 1 CURVE TABLE cuRrE RApUS DELTA a1aRo BEAwNc C,IORD Al-1 23.00 37 40'00� N 1T20'40'W 14.08 14.23 C-2 23.00 3T33'O8' S 157854iY 14.03 14.22 JIM CHRISTAL ROAD (AN UNDEDICATED RIGHT-OF-WAY) EDGE a ASPIULr LIKE 02.343 ACRES (BY D®) li ROBERf H. AND JWYIE C. NOBLES � CHARITABLE REMAINDER UNTIRUSf I � VOLUME 2897, PAGE 993 D.R.D.C.T. I to a / r-L-2 PROPERTY LINE FND 1/21R S 89'OS'OOiY 237.02' (REFERENCE BEARING) C-1- FOc I 0'A' GQ PGAI 74�; 44 ' REMAW40ER OF 891. ACRES (BY DEED) EAGLE FA1015, INC. AND JOIN POKIER AUK) SALE. INC. C.C.F. N0. 93-R0077959 D.R.D.C.T. / 1.33 ACRES (BY DEED) / THE CRY OF DEMON, TEXAS VOLUME 1185, PAGE 999 / D.R.D.C.T. / PROPERTY LINE TEXAS POWER h LIGHT COMPANY EASEMENT AND RIGHT-OF-WAY ��/ YOWME ]68, PAGE 81 / UIE BEAPoNO pBFANCE L-2 N B9'0300 27A9 l-] N 89'O] 00 22.13 L-4 S Ol'00IOi 35.SS L-3 3 163T131Y 3&37 D.R.D.C.T. / / / / ik NOTE: Bh45 OF BEARINGS FSIABLIS}IED FROM 11iUS1EE'S D® DATED 01-04-1983 AM RMOIiOFD W VOLUME 1183. PAGE 999 OF THE 0® RECORDS OF BENIGN COIRlIY, IE:fIS, MrR1 CONIROl11Nc NONWEIAS siorM ON TF16 DOCI1NIXf. TXU � Electric Delivery \ / P. / h / fND 1/2'IR / / L/ / REMAINDER FND 1/2iR -C-2 / L-4 / i / PROPERTY UP OF ASPHALT OF 691.64 ACRE (If1 D®) EAGLE FAgYS, INC. AND JONN PORTER AUTO SALES. INC. C.C.F. N0. 93-R0077959 D.R.O.C.T. / 80 40 0 80 A. / SCALE IN FEET 1 KRUM TAP SWITCH I F�ai�Lii �ll:i.^:?�::I�:i::g7!7i�:Dlriia:I�ilJ:i�a/f!::71�::,7fl+i•3.7��Ia:IL�^ti,7lila ��y LAND