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Home My WebLink About2005-239ORDINANCE NO. 2On5 - 2Z9' AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, AND THE HARRIEL GROUP, WESTOVER RESIDENTIAL COMPANY, LTD., AND PRESERVE I DEVELOPMENT, LLC. FOR THE PARTIAL ABANDONMENT OF A CERTAIN PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 4654, PAGE 00483 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PRESERVE APARTMENTS - SHADY SHORES ROAD) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Easement Abandonment Agreement between the City of Denton and the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC in substantially the form of the agreement attached hereto and made part of the ordinance for all purposes (the "Agreement') is hereby approved. SECTION 2. The City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. / `/' Q PASSED AND APPROVED this the (pT h day of 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYD TY ATTORNEY BY: EASEMENT ABANDONMENT AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and The Harriel Group, Westover Residential Company, Ltd and Preserve I Development, LLC (the "Landowners"). WHEREAS, the Landowners have made application requesting the partial abandonment of a Public Utility Easement dated August 15, 2000 and recorded in the Real Property Records of Denton County under Volume 4654, Page 00483 in the Real Property Records of Denton County, Texas and referred to as the "Existing Easement"; and WHEREAS, the Landowner has agreed to pay the City the amount of $8,712.16, that sum representing the costs to modify the existing electric facilities in order to accommodate Landowner's request for partial abandonment; and WHEREAS, the Landowner has agreed to pay the City the amount of $6,000.00 as compensation for the contemplated land rights released by the City, which amount is equal to or greater than the fair market value of the rights being released; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and the Landowners hereby agree as follows: 1. The City shall abandon that portion of the Existing Easement upon completion of the modification of the existing Denton Municipal Electric facilities and payment of the consideration set forth above. The City Manager, or his designee is authorized to execute and deliver to Landowners a document in recordable form upon the fulfillment of the above conditions. The subject easement abandonment tract is more particularly described in "Exhibit A", the subject retained easement tract is more particularly described in "Exhibit B", and an illustration depicting both tracts shown on "Exhibit C, all attached herewith and made a part hereof. 2. The City Council of the City and the Landowner have duly authorized this Agreement and the execution of same by the officers or agents who have signed below on their behalf. In Witness her of, t is Agreement has been executed by the parties to be effective this the �, day of 005. CITY OF DENTON ATTEST: JENNIFER WALTERS, CITY SECRETARY i�/ ��'�!� I�I� ail i APPROVED AS TO LEGAL FORM: EDWIN M. SNYD ATTORNEY BY: SAOur Documents\Contracts\05\Preserve Abandonment.DOC THE HARRIEL GROUP, a Texas general partnership By: Calas, Inc., A Nevada corporation, Managing partner BY: Harry Utzig, d nt WESTOVER RESIDENTIAL COMPANY, LTD., a Texas Limited Partnership By: WRC Management, LLC a Texas Limited Liability Company, its General Partner By: o01 � Tom Kopacsi, ecy tary Treasurer PRESERVE I DEVELOPMENT, LLC, a Texas limited liability company BY: Marc Footlik, President Page 2 EXHIBIT "A" PROPERTY DESCRIPTION TRACT 1 STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330. City of Denton. Denton County, Texas, being a portion of that same 25.92E acre tract of land as described in General Warranty Deed to The Harriel Group, Western Properties (Texas), Ltd, Westover Residential Company, Tarra Land, Inc., and Preserve I Development. LLC, recorded in Volume 4901, Page 1072, Deed Records, Denton County. Texas and being more particularly described as follows: COMMENCING at a 1/2" rebar found in the north line of Shady Shores Road (R.O.W. Varies) at the most southerly southwest corner of said 25.928 acre tract, said point lying in the northeasterly line of a tract of land as described in quitclaim deed to The City of Denton, Texas, recorded in County Clerk's document number 93-R0058485. Real Property Records, Denton County, Texas, said point being the point of curvature of a circular curve to the left, having a radius point that bears S 60'28'46" W, 238722 feet: THENCE Northwesterly, departing the north line of said Shady Shores Road, along the southwesterly line of said 25.928 acre tract, the northeasterly line of said The City of Denton, Texas tract, and said curve having a central angle of 00'22'12", an arc distance of 15.41 feet, and a chard that bears N 29'42'20" W. 15.41 feet; THENCE N 38'5925" E, departing the southwesterly line of said 25.928 acre tract and the northeasterly line of said The City of Denton, Texas tract, non tangent to said curve, traversing said 25.928 acre tract, a distance of 53.52 feet to the POINT OF EGINNING of the herein described tract of land; THENCE traversing said 25.928 acre tract, as follows: Northwesterly, along a non tangent circular curve to the left, having a radius point that bears S 59'39'22" W. 2437.22 feet, a central angle of 00'45'07", an arc distance of 31.9E feet, and a chord that bears N 30'43'12" W. 31.98 feet; N38'59'25" E. non tangent to said curve, a distance of 89.53 feet; N 51'00'35" W. a distance of 40.00 feet; S 38'59'25" W. a distance of 75.43 feet: Northwesterly, along a non tangent circular curve to the left, having a radius point that bears S 57'5425" W. 2437.22 feet, a central angle of 00'44'38", an arc distance of 31.64 feet, and a chord that bears N 32'2754" W. 31.64 feet; N 38'5925" E, non tangent to said curve, a distance of 397.91 feet; S 51'00'35" E, a distance of 100.00 feet; S 38'59'25" W. a distance of 433.16 feet to the POINT OF BEGINNING and containing 36216 square feet of land. Note: Bearings are based on the easterly line of the Shady Shores I-35 Joint Venture Tract 2 IS 14'38'30" W), recorded in County Clerk's document number 95-R0053704 of the Real Property Records, Denton County, Texas. //��T (Cj00DWM1 T ARSHALL i Q��. .�. 52 4 1 712/%S Scale ; NONE Date JULY 2005 �Pt• elq g.�t,G15i .... , . iotis.eARroN � � 4916 ... ' �qNp UR°N`c��Qr Sheei Of 3 Job No. 10220 CML ENGINEERS —PLANNERS — SURVEYORS Drafted 1 T.J.M. 2405Mv�nes �(e,Grzaasne.T 71MI Checked, J.S.B. EXHIBIT "B" PROPERTY DESCRIPTION TRACT 2 STATE OF TEXAS: COUNTY OF DEMON: BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, being a portion of that same 25.928 acre tract of land as described in General Warranty Deed to The Harriel Group, Western Properties (Texas), Ltd. Westover Residential Company, Tarra Land Inc., and Preserve I Development, LLC, recorded in Volume 490L Page 1072. Deed Records, Denton County, Texas and being more particularly described as follows: COMMENCING at a 1/2" rebar found in the north line of Shady Shores Road (R.O.W. Varies) at the most southerly southwest corner of said 25.928 acre tract, said point lying in the northeasterly line of a tract of land as described in quitclaim deed to The City of Denton, Texas, recorded in County Clerk's document number 93-R0058485, Real Property Records, Denton County, Texas, said point being the point of curvature of a circular curve to the left, having a radius point that bears S 60'28'46" W. 2387.22 feet; THENCE Northwesterly, departing the north line of said Shady Shores Road, along the southwesterly line of said 25.92E acre tract, the northeasterly line of said The City of Denton. Texas tract, and said curve, having a central angle of 00'22'12", an arc distance of 15.4i feet, and a chord that bears N 29'42'20" W. 15.41 feet to the POINT OF BEGINNING of the herein described tract of land THENCE Northwesterly, continuing along the southwesterly line of said 25.92E acre tract, the northeasterly line of said The City of Denton. Texas tract, and said curve, having a central angle of 02'33'07", an arc distance of 106.32 feet, and a chord that bears N 31'10'00" W. 10531 feet to the most westerly corner of the herein described tract of land. from which a 1-1/2' steel pipe found bears a chord of N 38'22'53" W. 494.00 feet; THENCE departing the southwesterly line of said 25.928 acre tract and the northeasterly line of said The City of Denton Texas tract. traversing said 25.92B acre tract, as follows: N 38'59'25" E, non tangent to said curve, a distance of 52.68 feet to the point of curvature of a non tangent circular curve to the right, having a radius point that bears S 57'09'47" W, 2437.22 feet; Southeasterly, along said curve, having a central angle of 00'44'36", an arc distance of 31.64 feet, and a chord that bears S 32'27'54" E. 31.84 feet; N 38'5925" E, non tangent to said curve, a distance of 75.43 feet; S 51'00'35" E, a distance of 40.00 feet; S 3B'59'25" W. a distance of 89.53 feet to the point of curvature of a non tangent circular curve to the right, having a radius point that bears S 58'54'15" W. 243722 feet; Southeasterly, along said curve, having a central angle of 00'45'07", an arc distance of 31.98 feet, and a chord that bears S 30*43'12" E. 31.98 feet; S 38'59'25" W. non tangent to said curve, a distance of 53.52 feet to the POINT OF BEGINNING and containing 8,606 square feet of land. Note: Bearings are based on the easterly line of the Shady Shores I-35 Joint Venture Tract 2 IS 14'3B'30" W). recorded in County Clerk's document number 95-ROO53704 of the Real Property Records, Denton County. Texas. 11 q yyvv GOO DWWR '8' 7/26/05 Scale: NONE Date: JULY 2005 Job No. ; 10220 tP�'sf'�" 0. G FA'9S 1OEL5 BARTON 4 4914 �.q-t pcs`r Sheet 2 of CIVIL ENGINEERS -PLANNERS -SURVEYORS Drafted: T.J.M. 2a Mu MgDrta.Gmprwn.,I 7I 1 Checked: J.S.B. EXHIBIT "C" CURVE DATA CURVE RADIUS DELTA LENGTH CHORD BEARING CHORD TANGENT C1 2437. 22' O'44'30" 31.64' S32'27'54"E 31.64' 15.82' C2 2437.22' O'45.07" 31.98' S30-43'12'El 31.98'1 15. 99' E� WESTERNTHE PR PERTIESRES (TEXAS). LTD. WESTOVETARASLAAND.IN000MPANY PRESERVE I DEVELOPMENT, LLC APPARENT LOCATION OF VOL. 4901. PG. 1072 '� ^�' AND WHEREIN THE CITY OF D.R.O.C.T. UNE DATA LINE BEARING DISTANCE LS N38'59'25"E 52.68' L21 S38'59'25"W 53. 52' AS HAS THE RIGHT TO CUT TO THE EXTENT NECESSARY 1 CLEAR OF ELECTRIC LINE O�y Pg. 596. D.R.D.C.T. �P02 P LOCATION OF y10 �e.�Op ypOP DENTON, TEXAS A WATER PIPE LINE J p ��{QU\Pv S 51 °00'35" E TRANSMISSION LIFE 596, D.R.D.C.T. TRACT 1 ��'a �~ 100 DD P6e�v TO BE ABANDONED / g.`o A= 11'52'40" \ R=2387.22' L=494.88' ^. CB�N3B 8B'22'53" W 2h 5 \ \=494.00' c hc5 - v� P90 o A \ TRACT 2°�Qo?o \\ �� UTILITY EASEMENT 5,606 SO. FT. os TO BE RETAINED AND A= 2 "33'd \ EXCEPTED FROM ABANDONMENT R-�387.22� _ S 38'59'25" W L=10& 332 ' \ 89.53 ' T=53.17". CB=N 31 ' 113,00'A W 2 \ POINT OF BEGINNING CH=106.31 , L POINT OFF BEGINNING2/ SHADY SHORES ROAD TRACr(R.O.W. VARIES) &= 0-22'12" 1 R=2387.22' 112"R. L=15.41' T=7.71' CB=N 29'42'20" W CH=15.41' C OF coho ENallo TRAM 1 & 2 (GOODWWO /RSHALIII B"4"v %/&/OSJob Scale: I' = 100 Date I JULY 2005 y1P. �FgiEya �s _ IOELS.BiuART°O;N ... 49 �9 •.!fssl°`'"�Q.. �SU Sheet of 3 No. I 1020 CML ENGINEERS —PLANNERS —SURVEYORS DrofiT.J.M. 24M MueLRo DIN&, GrApevlMM 7e051 McVo(817) 3294373 Checked) J.S.B. N 0133n- i,xj, 4654 00483 BASEMENT O'79083 THE STATE OF TEXAS, f $ KNOW ALL MEN BY THESE PRESENTS: COMITY OF DENTON i THAT The Preserve at Pecan Creek, Ltd. (Grantor) of Denton County, Texas, 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, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Grantors and situated in Denton County, Texas, in the Gideon Walker Survey, Abstract No. 1330. SEE ATTACHED EXHIBIT `A• FOR PERMANENT UTILITY BASEMENT DESCRIPTION And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining public utilities, in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, agrees, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to said public facilities or any part thereof TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. SCANNED 4654 00484 Witness my hand, this the 15 day of 2000. The S}rsssrVA--a� Pecan Creek, Ltd. BY: -nJ eAAt'/tSA - 141S] Name% �✓VN (. k, Title: ot>74.51-_ ACKNOWLEDGMENT THE STATE OF TEXAS S COUNTY OF DENTON $ C Il This instrument was ackwledged before me on this the 'S day of n , 2000 by P'P FVOTll K. NOTARY PUBLIC I� STATE OF TEXAS otary ublic, in and for thW State of Texas KATHLEEN CRAIG•SILVIA Commission Expires MYAPPI. Exp. Nov. 01, 2003 fti Accepted this the 1//0 day of ll CzU S —I , 2000 for the City of Denton, Texas (Resolution No. 91-073). BY:OCMJ40��— Paul Williamson EXHIBIT "A" 4654 OOa85 PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330. Denton County. Texas and being a portion of a called 410.507 acre tract of land as described In deeds to The Preserve at Pecan Creek, Ltd.. recorded in County Clerk's document numbers 99-R0058704, 99-R0056706, 99-R0058707 and 99-R0058713 all recorded in the Real Property Records of Denton County, Texas (RPRDCT) and being more particularly described as follows: BEGINNING at a 1/2" iron rod found in the north line of Shady Shores Road (Variable width R.O.W.) at the southerlymost southwest corner of said called 410507 acre tract, said point lying in the northeasterly line of a tract of land as described in quitclaim deed to The City of Denton, Texas, recorded in County Clerk's document number 93- R0058485, RPROCT, said point being the point of curvature of a circular curve to the left, having a radius that bears S 60'28'45" W. 2387.22 feet; THENCE Northwesterly, departing the north line of said Shady Shores Road, along the southwesterly line of said called 410.507 acre tract, the northeasterly line of said The City of Denton, Texas tract and said circular curve to the left, through a central angle of 00'22'12", an arc distance of 15.41 feet and having a chord that bears N 29'42'20" W, a distance of 15.41 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE Northwesterly, along the southwesterly line of said called 410.507 acre tract, the northeasterly line of said The City of Denton, Texas tract and said circular curve to the left. through a central angle of 02'33'07", an arc distance of 105.32 feet and having a Chord that bears N 31'10'00" W. a distance of 106.31 feet to the westerlymost corner of the herein described tract of land, from which a 1-1/2" iron pipe found, bears a chord of N 38'22'53" W. 494.00 feet; THENCE N 38'59'25" E. departing the southwesterly line of said called 410.507 acre tract and the northeasterly line of said The City of Denton, Texas tract, departing the previous curve non -tangent, traversing said called 410.507 acre tract, a distance of 450.59 feet; THENCE S 51'00'35" E, traversing said called 410.507 acre tract, a distance of 100.00 feet; THENCE S 38'59'25" W. traversing said called 410.507 acre tract, a distance of 466.6B feet to the POINT OF BEGINNING and containing 46,621 square feet or 1.075 acre of land. O7AT��gs ...tlUC S.B fcR 4614p §'W cN /L�rD. gyp. IXA/IAO-"' i NOTE: BEARINGS ARE BASED ON THE EASTERLY LINE OF THE SHADY SHORES I-35 JOINT i VENTURE TRACT 2 (S 14'38'30" W), RECORDED IN COUNTY CLERK'S DOCUMENT s NUMBER 95-ROO53704 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,. 1 TEXAS. G 00DWIN I Stole I i 4 a �� NONE Sheet 1 or 2 Date � JUNE, 2000 Job No. � 9652 CIVIL ENGINEERS —PLANNERS —SURVEYORS soo+s,ua.su..+,s„n,+oo,wnworo,•ram7e++s Mao-o(e+7)aze-aa7s Drafied1 T.J.M. Checked J.S.B. 4654 00486 E`� 1�• S�3g0 o� NP'GThe E O G1D P9s� at Pecan C C.DNo5e99e R0058704, C .0 .D .No . 99—R0058706. C .0 .D .N o . 99—R0058707, �— APPARENT LOCATION OF and D' STRIP OF LAND WREIN THE CITY OF ENTON. TEXAS HASHTHE RIGHT TO CUT C.C.D.No. 99-R0058713, AND TRIM TREES TO THE EXTENT NECESSARY TO KEEP THEM CLEAR OF ELECTRIC LINE Vol. 417, Pg. 596, D.R.D.C.T. APPARENT LOCATION OF 30' CITY RI DENTON.TRANSM TEXAS EASEMENT FOR A WATER PIPE LINE //�� AND I, ELECTRIC TRANSMISSION LINE 4/^?v Vd. 417, Pg. 596, D.R.D.C.T. YJ 00 \ C o A \p9 9 2 Oi •,p ,g a� 9 0 ..0 o °a o\ \ nJ / S \�C A= 02'33'07" R=2387.22' L=106.32' T=53.17' CH BR=N 31e10'00" W ` Chd=106.31' r Creek, Ltd. R.P.R.D.C.T. R.P.R.D.C.T. R.P.R.D.C.T. R.P.R.D.C.T. SHADY SHORES ROAD (VARIABLE WIDTH R.O.W. I 00'22'12" II `' 2387.22' COD 15.41' 7.71' BR=N 29'42'20" d=15.41' Gy00DWINB AR � 1AACIVIL Scale I I' = 100' Sheet 2 of Dote 1 JUNE, 2000 Job No. I 9652 —SHALL ENGINEERS -PLANNERS -SURVEYORS 6001 Bddge Su"t Suft 100. Fort WOM ranee 7911E Metro(817) 42"373 Drafted T.J.M. Checked) J.S.B. 4654 00487 Return To: City Of Denton Engginee!ir?Q & Transpertation Dept. 2? rlririf! Eim Street Denton, Te s 76201 Attention:1,QVI"Dn m vrWEswx MFPF.It WJL"u n••1Ne'sr .: � cap cPon Ws c �:wonxo ��qr+yC3 urmui�"'•utiW 4 ��aihN M.j1.iNr+...invfF'�Na'�.µ�Wy��OMLO�ea a u.w^..n•vaw...,n.o `�' p� W� AUG I � 2liii0 ,yIP/ n�Tery pglllil. TEYA6 Filed for Record in: DENTON COUNTY TX COUNTY CYWTNIR %ITCH(:LL, CLERK Onni At �:53am000 DIIM" 00-RB07 i083 EP5 Doc/Type 11.00 Recording. g-00 Doc/Mgmt 6 33548 Receipt D'7ane Deputy