HomeMy WebLinkAbout2005-077SAOur Documents\Ordinances\05\Northcrest Abandonment Ordmance.DOC
ORDINANCENO.
AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING
AN APPROXIMATE 9,453 SQUARE FOOT STREET RIGHT OF WAY TRACT
DEDICATED TO THE CITY OF DENTON BY CHARLES D. ADAMS IN AN
INSTRUMENT RECORDED IN VOLUME 666, PAGE 535 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS AND AN APPROXIMATE 0.545 ACRE
STREET RIGHT OF WAY TRACT DEDICATED AS NORTHCREST DRIVE BY
THE PLAT OF DENTON BIBLE CHURCH ADDITION, ACCORDING TO THE
PLAT RECORDED IN CABINET V, PG. 880 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee
simple owner, Denton Bible Church (the "Owner"), for the abandonment of an
approximate 9,453 square foot street right-of-way tract more particularly described in
Exhibit "A" attached hereto and made a part hereof by reference, and for the
abandonment of a 0.545 acre street right of way tract more particularly described in
Exhibit "B" attached hereto and made a part hereof by reference (collectively called the
"Abandonment Area"); and
WHEREAS, the Abandonment Area was dedicated as street easements, was never
used by the City for street purposes, and was never formerly accepted by the City, and
WHEREAS, notwithstanding the above, in order to remove any doubt as to the
existence of the street right-of-way the Owner has requested that the City formally
abandon the Abandonment Area;
WHEREAS, the Owner has granted to the City an approximate 0.162 acre
sanitary sewer easement attached hereto and made a part hereof by reference as Exhibit
"C", an approximate 0.172 acre water easement attached hereto and made a part hereof
by reference as Exhibit "D" and an approximate 0.061 acre public access and fire lane
easement attached hereto and made a part hereof as Exhibit "E" (collectively called the "
City Easements"); and
WHEREAS, staff has reviewed the requested abandonment of the Abandoned
Area and has recommended approval, subject to the City Easements; and
WHEREAS, the City Council of the City of Denton, Texas has determined that it
is in the public interest to abandon the Abandonment Area and the City's interests
therein, subject to the City Easements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The Abandonment Area is hereby permanently abandoned with all
of the City's right, title and interests being quit claimed to the Owner; SAVE & EXCEPT
the City Easements, which all shall remain in full force and effect. A certified copy of
this ordinance may be recorded in the Real Property Records of Denton County, Texas to
evidence this abandonment and quit claim.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CUTY ATTORNEY
M
Page 2
EXHIBIT A
All that certain tract or parcel of land situated in the W. Lloyd Survey, Abstract No. 773,
Denton County, Texas, and being part of a certain 19.839 acre tract conveyed by William
J. Miller to Charles D. Adams on October 13, 1972 as recorded in Volume 651, Page 509
of the Deed Records of Denton County, Texas and being more particularly described as
follows:
Beginning at a steel pin at the Southwest comer of a 0.55 acre tract of land conveyed by
Charles D. Adams to Don Johnson Oil Co. on January 2, 1973 as recorded in Volume
662, Page 687 of the Deed Records of Denton County, Texas;
THENCE South 780 44' East, 181.8 feet with the South boundary line of said Don
Johnson tract to a point for corner, the same being also the Southeast corner of the
Johnson tract;
THENCE South 10 35' West, 240.0 feet, with the most Easterly East boundary line of
said C. D. Adams tract to a point for comer;
THENCE South 61 ° 15' West, 169.1 feet, with the most Northerly South boundary line
to a point for comer, the same being an interior corner of said Adams tract;
THENCE North 12' 27' West, 16.02 feet, with the East right-of-way line of proposed
Northcrest Street to a point for corner;
THENCE North 61 ° 15' West, 152.73 feet, 16.0 feet North of and parallel to the most
Northerly South boundary line, to a point for an inside comer;
THENCE North 10 35' East, 216.45 feet, 16.0 feet West of and parallel to the most
Easterly East boundary line of the Adams tract, to a point for an inside comer;
THENCE North 78' 44' West, 165.74 feet, 16.0 feet South of a parallel to the South
boundary line of said D. Johnson tract, to a point for comer, said point also being in the
East right-of-way line of proposed Northcrest Street;
THENCE North 10' 48' East, 16.01 feet, with the East right-of-way line of proposed
Northcrest Street, to the place of beginning, and containing therein approximately 9,453
square feet of land.
EXHIBIT "B"
NORTHCREST DRIVE
23,720 SQUARE FEET
William Lloyd Survey, Abstract No. 773 _
City of Denton, Denton County, Texas
DESCRIPTION, of a 23,720 square foot (0.545 acre) tract of land situated In the William Lloyd Survey,
known as No hcresAbstract No. 77it Drive dedicated by the plof Denton, Denton at of Denton Bible Churc, Texas; said tract h Additionall of a , an addition t3-foot wide o the Cityy
of Denton, Denton County, Texas according to the plat thereof recorded in.Cabinet V, Page 880 of the
Plat Records of Denton County, Texas; said 23,720 square foot (0.545 acre) tract being more particularly.
described as follows (the Bearing system for this description is based on a bearing of South 88 degrees,
53 minutes, 59 seconds East for the south rightof-way line of East University Drive according to the
above referenced plat of Denton Bible Church Addition);
BEGINNING, at a 112-inch Iron rod found at the intersection of the south right-of-way line of East -
University Drive (U.S. HIGHWAY 380) (a variable width fight -of -way) with the east right-of-way line of
Northcrest Drive; said point being the northwest corner of a tract of land described in a deed to SM7, Inc.,
D.B.A. Highland Food Store recorded in Volume 4311, Page 2828 of the Deed Records of Denton
County, Texas;
THENCE, South 10 degrees, 12 minutes, 38seconds West, along the east right-of-way line of Northcrest
Drive, a distance of 140.11 feet to a 1/2-inch Iron rod found for comer, said point being the southwest
comer of said SM7; Inc. tract; said point also being the beginning of a tangent curve to the left;
THENCE, in a southwesterly direction along said curve to the left and with said east dghtof-way line of
Northcrest Drive, having acentral angle of 15 degrees, 02 minutes, 18 seconds, a radius of 682.59 feet, a
chord bearing and distance of South 02 degrees, 41 minutes, 29-seconds West, 178.65 feet, an arc
distance of 179.16 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found for the end of said curve at
the southeast corner of the southerly terminus of said Northcrest Drive;
THENCE, North 89 degrees, 24 minutes, 28 seconds West, along said southerly terminus, a distance of
73.30 feet to a 1/24nch iron rod with "Pacheco Koch" cap found for comer at the southwest comer of said
southerly terminus of Northcrest Drive; said point being the most easterly southeast corner of Lot 2,-Block
B of said Denton Bible Church Addition; said point also being the beginning of a non -tangent curve to the
right;
THENCE, in a northeasterly direction along said curve to the right and with the west right-of-way line of
Northcrest Drive, having a central angle of 14 degrees, 30 minutes, 48 seconds, a radius of 755.59 feet, a
chord bearing and distance of North 02 degrees, 57 minutes, 14 seconds East, 190.89 feet, an am
distance of 191.40 feet to a point for the end of said curve;
THENCE, North 10 degrees, 12 minutes, 38 seconds East With said west right-of-way line, a distance of
138.98 feet to a point for comer at the intersection of said west rightof-way line of Northcrest Drive with
the south right-of-way line of said East University Drive; said point being the beginning of a non -tangent
curve to the right; -
THENCE, in a southeasterly direction along said curve to the right and with the south line of said East
University Drive, having a central angle of 01 degrees, 06 minutes, 56 seconds, a radius of 3749.72 feet;
a chord bearing and distance of South 80 degrees, 40 minutes, 32 seconds. East, 73.01 feet, an arc
distance of 73.01 feet to the POINT OF BEGINNING;
CONTAINING, 23,720 square feet or 0.645, acres 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 tract described.
21-(-5
RegisVen
ional Land Surveyor No. 4688
Pochsubing Engineers, Inc.
8350pwy:, #1000, Dallas TX 75206
R.O.W. ABANDONMENT. M
2306-02.246 SRD
SHEET 1 OF 2
DT N%VERB Y R 7374
3.09 72'
J•S:_HIGHWAY 3RnT CB=S 80-40,320 E_
IV SIDEWALK EASEMENT ""'nI-OF-WAY)
(CAB. V. PG 880)
20' UTILITY EASEMENT N 1012'38'
(CAB. V, PG 880) 138.98,
R.O.W. ABANDONMENT.
LOT 2,
BLOCK B
DENTON BIBLE
CHURCH ADDITION
(CAB. V.
PG. 880)
DENTON BIBLE
CHURCH
(VOL. 5388, PG. 2573)
A=14'30'48"
R-755.59'
L=191.40'
CB=N 02'57'14" E
POINT OF
—12-INCH IRON
ROD FOUND (C.M.)
�S 1147038' W
40.11'
SM7, INC.
� -D.B.A. HIGHLAND FOOD STORE
(VOL. 4311, PG. 2828)
1/2-INCH IRON II
ROD FOUND JS 71 1.9 0" E
_ J, 61.90'
i �1/2-INCH IRON
I ROD FOUND
R=682.59' I �18' EASEMENT TO
L-179.16' THE CITY OF DEMON
10 WATER EASEMENT CB=I
S 02'41'29" VOL 888, PG. 534
;CAB. V. PG 8Bo) CD=190.89'
— — — CD=178.65' I I DENTON
VILLAGE
---- 174.28'
IRF N N 89'24'28" W 89R4'28" W IRF IRF I APARTMENTS, L.P.
I (VOL.DEN 05368.LE CHURCH PG. 2573) I (CCj/ 97-068469)
73.30' 1 5/8—INCH IRON S 0171'14" W
ROD FOUND 240.38'
50' STREET EASEMENT
I (VOL 666, PG. 535) 1
I--t•--20' WATER EASEMENT
I I (CAB. V, PG 880) 1 ..
(C.M.) CONTROLLING MONUMENT
IRF 1/2-INCH IRON ROD
W/-PACHECO KOCH"
CAP FOUND
The undersigned, Registered Professional
Surveyor, hereby certifies that this plot
survW-SeNrately sets cut the metes ai
d7e of a easement tract described
b
2141.5
James A. Koch. Jr. �4r'•.efsM�i'
Regis red Prof saional BUM1N
Land Surveyor 1a. 4688
ee "N CENDML EIO•WY SAME aloe DAUAS. TEM IRN ett22EJE
M or aera®er scAre DoR .os ArnsAe
SRD 7EF/JAIf glow
FEB. 2005 2308-OL248
N
0 50 100 200'
GRAPHIC SCALE IN FEET
NOTES:
1. A legal description of even survey date herewith
accompanies this exhibit
2. The Bearing system for this exhibit is based on a
bearing of South 88 degrees, 53 minutes, 59 seconds
East for the south rlght-of-way line of East Unherelty
Drive according to the plat of Denton Bible Church
Addition, an addition to the City of Denton, Denton
County, Texan, recorded In Cabinet V, Page 880 of the
Plat Records of Denton County, Texas
NORTHCREST DRIVE
239720. SQUARE FEET
LOCATED IN THE CITY OF DENTON, TEXAS
AND BEING OUT OF THE
WILUAM LLM SURVEY, ABSTRACT NO. 773 AND
DENTON COUNTY, TEXAS
SHEET 2 OF 2
D11e raE 2a 02-2MVMWa
Exhibit C
SANITARY SEWER EASENENT
TER STATE OF TEXAS, §
§ ENON AIM MEN BY THESE PRESENTS:
COUNTY OF DEMON §
THAT, Denton Bible Church, of Denton County, Texas, whose mailing
address is 1910 East University Drive, Denton, TE 76209, in
consideration of the sum of One Dollar and No Canto ($1.00) and other
good and valuable consideration in hand paid by the City of Denton,
Texas, receipt of which is hereby acknowledged, does by these presents
grant, bargain, sell and convey unto the City of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the passage in, along,
upon and across the following described property, owned by him and
situated in Denton County, Texas, in the Williams Lloyd Survey, Abstract
No. 773.
SANITARY SENSE EASEMENT DESCRIBED IN EXHIBIT ^A^
AND ILLUSTRATED IN EXHIBIT "B'
and it is further agreed that the City of Denton, Texas, in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings and other obstructions
as may now be found upon said property.
For the purpose of constructing, reconstructing, installing,
repairing, and perpetually maintaining sanitary sewer utilities- in,
along, upon and across said premises, with the right and privilege at
all times of the grantee herein, his or its agents, employees, workmen
and representatives having ingress, egress, and regress in, along, upon
and across said premises for the purpose of making additions to,
improvements on and repairs to said sanitary sewer facilities or any
part thereof.
TO HAVE AND TO SOLD unto the said City of Denton, Texas as
,aforesaid for the purposes aforesaid the premises above described.
Witness my hand, this the j% 1 day of F� 2005.
Denton Bible Church, Denton County, Texas
Her McFarlane'
Elder
ACKNOWLEDGEMENT
THE STATE OF TEXAS 9
CODNTY OF I 3
This instrument was acknowledged before me on �Q Tkl�/�'L� , 2005
by 4Tack'McFarlane, Elder.
Notary Public, in and for
=SweofT�NE the State of Texas /r''qq
kes my. Commission Expires�7 VLIF9.0$
Accepted this -�"1- day of r-e6KC4AR-Y _, 2005 for the
City of Denton, Texas (Resolution No. 91-073).
BY: le �/),A, ,
Paul Williamson
Real Estate and
Capital Support Manager
RETURN T0: City of Denton
601 EastHickoryStreet, Suite B
Denton, Texas 76205
ATTN: Paul Williamson
20' SEWER EASEMENT
7,055 SQUARE FEET
William Lloyd Survey, Abstract No. 773
City of Denton, Denton County, Texas
DESCRIPTION, of a 7,055 square foot (0.162 acre) tract of land situated in the William Uoyd
Survey, Abstract No. 773, Denton County, Texas; said tract being part of a tract of land described
in a deed to Denton Bible Church recorded in Volume 5388, Page 2573 of the Deed Records of
Denton County, Texas; said 7,055 square foot (0.162 acre) tract being more particularly
described as follows (the bearing system is based on a bearing.of South 88 degrees, 53 minutes,.
59 seconds East for the south right-of-way line of East University Drive according to the plat of
Denton Bible Church Addition, an addition to the City of Denton, Denton County, Texas according
to the plat thereof recorded in Cabinet V, Page 880 of the Plat Records of Denton County,
Texas);
BEGINNING, at a 1/2-inch-iron rod found on the east rlght-of-way line of Northcrest Drive (a 73.
foot wide right-of-way); said point being the southwest comer of a tract of land described in a
deed to SM7, Inc. D.B.A. Highland Food Store recorded in Volume 4311, Page 2828 of said Deed
Records;
THENCE, South 79 degrees, 16 minutes, 10 seconds East, with the.south line of said SM7, Inc.
tract, a distance of 20.00 feet to a point for comer, said point being the beginning of a non -
tangent curve to the left;
THENCE, in a southeasterly direction along said curve to left, departing said south line, traversing
said Denton Bible Church tract, having a central angle of 22 degrees, 51 minutes,.40 seconds , a
radius of 662.59 feet, a chord bearing and distance of South 01 degrees, 14 minutes, 08 seconds
East, 262.63 feet, an arc distance of 264.38 feet to a point for the end of said curve;
THENCE, South 12 degrees, 39 minutes, 58 seconds East, a distance of 81.37feet to a point for
comer on a north line of a tract of land described In a deed to Denton Village East Apartments,
L.P. recorded in Clerk's File No. 97-068469 of said Deed Records;
THENCE, South 61 degrees, 10 minutes, 06 seconds West, with said north line, a distance of
20.82 feet to a 5/8-Inch iron rod found for comer; said point being re-entrant comer of said
Denton Bible Church tract and being an angle point in the west line of said Denton Village East
Apartments, L.P. tract; -
THENCE, North 12 degrees, 39 minutes, 58 seconds West, traversing said Denton Bible Church
tract, a distance of 87.17 feet to a point for comer; said point being the beginning of a tangent
curve to the right;
THENCE, in a northwesterly direction along said curve to the right, at an arc distance of 93.38 -
feet passing the southeast comer of the southerly terminus of said Northcrest Drive, continuing
with said curve and along the east line of said Northcrest Drive, having a central angle of 22
degrees, 52 minutes, 36 seconds, a radius of 682.59 feet, a chord bearing and distance of
North Ot degrees, 13 minutes, 40 seconds West, 270.74 feet; atotal arc distance of 272.64 feet
to the POINT OF BEGINNING;
CONTAINING, 7.055 square feet or 0.162 acres 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 described.
-l-It�1�5
Registe Profes onal Land Surveyor No. 4688
Pother» Koch ;o suiting Engineers, Inc.
8350 N. entrel pwy., #1000, Dallas TX 75206
2PSEWERESMr.dw
2308-02.246 SRD
SHEET 1 OF 2
EXHUBOT •B• o so 100 zoo
EA N/VERS y R=3749.72' GRAPHIC SCALE IN FEET
U.S. RWVED L=73.01
CD=S 80'40'32" E(VAR_
15' SIDEWALK EASEMENTLE -WAY)RIGHT OF CD-73.01'
(CAB. V. PC 880)
TXDOT CON. HWY
_ — MON. FN�C.M.)1
�l1/2-INCH IRON
0' UTILITY P EASEMENT o ROD FOUND (C.M.)
CAB. V. PC 880) N 10 8.98, EIS m
138.98' a S 100.11, IN
� 140.1 T \
SM7, INC.
(� QmI �/-D.B.A. HIGHLAND FOOD STORE
LOT 2, BLOCK B 'y. Q woL. 4317, PG. 2828)
DENTON BIBLE CHURCH ADDITION i �� / a�� r�� � " I
Exhibit D
WATER EASEMENT
THE STATE OF TEEAS, 5
§ RNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON $
THAT, Denton Bible Church, of Denton County, Texas, whose mailing
address is 1910 East University Drive, Denton, T8 76209, in
consideration of the sum of One Dollar and No Cents 01.00) and other
good and valuable consideration in hand paid by the City of Denton,
Texas, 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 him and
situated in Denton County, Texas, in the Williams Lloyd Survey, Abstract
No. 773.
WATER EASEMENT DESCRIBED IN EXHIBIT "A^
AND ILLUSTRATED IN EXHIBIT ^B^
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 water 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, egress, and regress in, along, upon and
across said premises for the', purpose of making additions to,
improvements on and repairs to said water 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.
Witness my hand, this the 1y4 day of F-"K Ja.yy2005.,
Denton Bible Church, Denton County, Texas
By:. ,vMk�'CE '{.L'�JcVkn..si.i
Ra McFarlane
E1 er
N;4 � .! lie a.�I Ty
THE. STATE OF TEXAS S
COUNTY OF r1 i S
This instrument was acknowledged before me on 2005
by Lek McFarlane, Elder.
PV/PrI?� 1
Notary Public, in and for
DOREEN E. BLACKSTONE the State of Texas.'
NOury Wdk, Stele of Te»n �/�y� (�
My Commiseon E,piree My ComlaiaSiOII Expires
December 04, 200e
Accepted this 16� day of _.F:T--SACAA "? , 2005for the
City of Denton, Texas (Resolution No. 91-073).
BY: �Klj)12e�
Paul Williamson
Real Estate.and
Capital Support Manager
RETURN TO: City of Denton
601 East Hickory Street, Suite B
Denton, Texas 76205
ATTN: Paul Williamson
WATER EASEMENT
7,480 SQUARE FEET
William Lloyd Survey, Abstract No. 773
City of Denton, Denton County, Texas
DESCRIPTION, of a 7,480 square foot (0.172 acre) tract of land situated in the William Lloyd Survey,
Abstract No. 773, City of Denton, Denton County, Texas; said tract being part of a 73-foot wide right-of-
way known as Northcrest Drive dedicated by the plat of Denton Bible Church Addition, an addition to the
City of Denton, Denton County, Texas according to the plat thereof recorded In Cabinet V, Page 880 of
the Deed Records of Denton County, Texas; said 7,480 squarefoot (0.172 acre) tract being more
particularly described as follows (the bearing system is based on a bearing of South 88 degrees,. 53
minutes, 59 seconds East for the south right-of-way line of East University Drive according to the above
referenced plat of Denton Bible Church Addition); -
BEGINNING, at a 112-inch ironrod found at the intersection of the south right-of-way line of East
University Drive (U.S. HIGHWAY 380) (a variable width right-of-way) with the east right-of-way line of
Northcrest Drive; said point being the northwest comer of a tract of land described in a deed to SM7; Inc.,
D.B.A. Highland Food. Store recorded in Volume 4311, Page 2828 of the Dead -Records of Denton
County, Texas;
THENCE, South 10 degrees, 12 minutes, 38 seconds West, along the east right-of-way line of Northcrest
Drive, a distance of 140.11 feet to a 1/2-inch iron rod found for comer, said point being the southwest
comer of said SM7, Inc. tract; said point also being the beginning of -a tangent curve to the left.
THENCE, in a southwesterly direction along said curve to the left and with said east right-of-way line of
Northcrest Drive, having a central angle of 15 degrees, 02 minutes, 18 seconds, a radius of 682.59 feet, a
chord bearing and distance. of South 02 degrees, 41 minutes; 29 seconds West, 178.65 feet, an arc
distance of 179.16 feet to a 112-Inch iron rod with "Pacheco Koch" cap found for the end of said curve at
the southeast comer of the southerly terminus of said Northcrest Drive;
THENCE, North 89 degrees, 24 minutes, 28 seconds West, along said southerly terminus, a distance of
73.30 feet to a 1/2-inch iron rod with"Pacheco Koch" cop found for comer at the southwest comer of said
southerly terminus of Northcrest Drive; said point being the most easterly southeast comer of Lot 2, Block
B of said Denton Bible Church Addition; said point also being the beginning of anon -tangent curve to the
right;
THENCE, in a northwesterly direction along said, curve to the right and with the west right-of-way line of
said Northcrest Drive, having a central angle of 01 degrees, 31 minutes, 14 seconds, a radius of 755.59
feet, a chord bearing and distance of North 03 degrees, 32 minutes, 33 seconds West, 20.05 feet, an am
distance of 20.05 feet to a point for the end of said curve; -
THENCE, South 89 degrees, 24 minutes, 28 seconds East, departing said west right-of-way line and
traversing said Northcrest Drive; a distance of 53.10 feet to a point for comer, said point being the
beginning of a non -tangent curve to the right;
THENCE, In a northeasterly direction along said curve to the right, having -a central angle of 13 degrees,
14 minutes, 52 seconds , a radius of 702.59 feet, a chord bearing and distance of North 03 degrees, 35
minutes, 12 seconds East, 162.09 feet, an arc distance of 162.45 feet to a point for the end of said curve;
THENCE, North 10 degrees, 12 minutes, 38 seconds East, a distance of 139.94 feet to a point for corner
on the south rightof-way line of said East University Drive; said point being the beginning of a non -
tangent curve to the right;
THENCE, in a southeasterly direction along said curve to the right and with said south right-of-way line,
having a central angle of 00 degrees, 18 minutes, 20 seconds, a radius of 3749.72 feet, a chord bearing
and distance of South 80 degrees, 16 minutes, 14 seconds East, 20.00 feet, an arc distance of 20.00 feet
to the POINT OF BEGINNING;
CONTAINING, 7,480 square feet or 0.172 acres 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 described.
1 I lh k"?
Registered Profess onal Land Surveyor No. 4688
Pacheco Kipch Conpulting Engineers, Inc.
8350 N. Ce tral Ejpwy., #1000, Dallas TX 75206
(972) 235-3 1
doe
2308-02.246 SRD
SHEET 1 OF 2
EWIl a0 8 9 Il 9 B"
EAST UNI ERS/T�
(( NOR REST
(VARIABLES HIGHWAY 380) DRIVE
15' SIDEWALK EASEMENT RIGHT—OF—WAY) (CABR V. PG 880)A�
(CAB. V, PG 880) POINT OF
TXDOT CON. HWY n
_ MOH. FNDr(C.M.), _ BEGINNING
J= ��-L_;170.36' C4 ��i/2-INCH IRON
20' UTILITY EASEMENT N 1072'38' E� ROD FOUND (C.M.)
(CAB. V. PG 880) 138.98, -AS 10'12'38" W
2V WATER
LOT 2, BLOCK B
DENTON BIBLE CHURCH ADDITION
(CAB. V, PG. 880)
DENTON BIBLE CHURCH
(VOL. 5388, PG. 2573)
20' WATER EASEMENT
(CAB. V. PG 880) _ _ _ _�j L2
174.28'
pI IRF—N 89'24'28' W IRF IRF
I 20.0' I L1 VOL
50' STREET EASEMENT�r q
(VOL. 666, PG. 535)
20' WATER EASEMENT
(CAB. V. PG. 880) I
LINE TABLE
LINE
BEARING
LENGTH
L1
N 89'24'
73.30
L2
5 e' E
53.10
L3
I N 1012'38" E
139.94
140.11'
SM7, INC.
� —D.B.A. HIGHLAND FOOD ST
(VOL. 4311, PG. 2828)
1/2-INCH IRON II
ROD FOUND 71E 18.
� 181.90,.90'
I;Xld
16' EASEMENT
THE CITY OF I
VOL 666, PG.
I� 1S 240.38' W
N BIBLE CHURCH DENTON VILLAGE
5388, PG. 2573) EAST
APARTMENTS, L.P.
5/4—INCH IRON (CC#-97-068469)
ROD FOUND I
(C.M.) CONTROLLING MONUMENT
v
IRF 1/2-INCH IRON ROD 0 50 100 200
W/-PACHECO KOCH"
CAP FOUND
GRAPHIC SCALE IN FEET
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
TANGENT
1 CHORD BEARING
CHORD -
Ct
I 15712'18'
652.59
179.16
1 90.10
9" W
178.65
C2
1 01'31'14"
1 755.59
20.05
1 10.03
1, N 03'32'33" W
20.05
C3
1 13 2'
1 702.59
1 162.45
1 81.59
1 N. OY35'12' E
162.09
C4
1 00'18'20'
1 3749.72
1 20.00
1 10.00
1 S 80161V E
20.00
The undersigned. Registered Professional Land
Surveyor, hereby certifies that this plat of
survey accurately sets out the metes and
bounds.ofthe easement tract described.
'L 11§1oi
James A.
Registered
Land Sury
Revised —
Me N CENTRAL EXIM 9NTE 1000 DAILA9, TEXAS 75206 97233e3001
gnaw or I ellcx®er svA urs .ae Alsaes
SRD TEF/JAK 1'_100' FEIL 2005 2308-02246
NOTES:
1. A legal description of even survey date herewith.
accompanies this exhibit.
2. The Bearing system for this exhibit is based on a
bearing of South 88 degrees, 53 minutes, 59 seconds
East for the south -right—of—way line of East Univerelty
Drive according to the plat of Denton Bible Church
Addition, an addition to the City of Denton, Denton
County, Texas, recorded. in Cabinet V, Page 880 of the
Plat Records of Denton County, Texas
7,480 SQUARE FOOT
WATER EASEMENT
LOCATED IN THE CITY OF DENTON, TEXAS
AND BEING OUT OF THE
WILLIAM LLOYD SURVEY, ABSTRACT NO. 773
DENTON COUNTY, TEXAS
SHEET 2 OF 2
Exhibit E
PUBLIC ACCESS AND FIRE LANE EASENBNT
THE STATE OF TEXAS $
§ KNOW ALL NEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Denton Bible Church (Grantor), of Denton County, Texas, whose
mailing address is 1910East University Drive, Denton, TX 76709,
in consideration of the sum of.ONB DOLLAR and NO CUTS ($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 Grantor and situated in Denton County,
Texas, in the William Lloyd Survey, Abstract No. 773.
PUBLIC ACCESS AND FIRE LANE EASEMENT
DESCRIBEDIN EXHIBIT ^A"
AND ILLUSTRATED IN EXHIBIT ^B^
And it is further agreed that the Grantor, 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 access in along and across said premises.
The public access and fire lane easement shall be open to the
public, fire and police units and emergency services. The
maintenance of paving on the public access and fire lane easement
described herein shall be the responsibility of the property Owner.
No buildings, fences, trees, shrubs, or other improvements or
growths, other than paving, shall be constructed, reconstructed or
placed upon, over or across the easement granted herein. That the
undersigned does hereby covenant and agree that it shall construct
upon the access and fire lane tract, as described and illustrated
herein, a hard surface that it shall maintain the same in a' state
of good repair at all times and keep the same free and clear of any
structures, fences, trees, shrubs, or otherimprovements, other
than paving, or obstructions, including but not limited to the
parking of motor vehicles, trailers, boats or other impediments to
the access of fire apparatus. The Ownershallpost and maintain -
appropriate signs and markings in conspicuous places along such
fire lanes, stating "Fire Lane, No Parking". The Fire Chieforhis
duly authorized representative is hereby authorised to cause such
access and fire lane to be maintained free and unobstructed at all
times for Fire Department use.
TO HAVE AND TO HOLD unto .the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described .
Witness my hand, this the 14-4 day of. F-4ro&rV 2005.
Denton Bible Church, Denton County, Texas
By:.Q'w,wd���
Ray McFarlane
Elder
ACKNOWLEDGEMENT
THE STATE OF TEXAS $
COUNTY OF DENTON §
This . instrument was acknowledged before me on 14 2005�
by Ray McFarlane, Elder.
y DOEEEN E. SLACKPON! C!ViGYi �� " "` �' "'C"✓' �' ""C'
waen"+c $WeOfTx Notary Public, in and for
My QWn skM Emp &,
Deoefter 04.20M the State of n
My commission expires (L-4-700
Accepted this 157-41^ day of FE-AIN ie-Y{ 2005 for the
City of Denton, Texas (Resolution No. 91-073).
BY:
Paul Williamson
Real Estate and
Capital Support Manager
After filing, please return to:
City of Denton
601 E. Hickory Street, Suite S
Denton, TE 76205
Attn: Paul Williamson
PUBLIC ACCESS & FIRELANE EASEMENT
2,674 SQUARE FEET
William Lloyd Survey, Abstract No. 773
City of Denton, Denton County, Texas
DESCRIPTION, of a 2,674 square foot (0.061 acre) tract of land situated in the William Lloyd Survey,
Abstract No. 773, City of Denton, Denton County, Texas; said tract being a portionofa 73-foot wide right-
of-way known as Northcrest Drive dedicated by the plat of Denton Bible Church: Addition, an addition to
the City of Denton, Denton County; Texas according to the plat thereof recorded in Cabinet V, Page 880
of the Plat Records of Denton County, Texas; said 2,674 square foot tract being mom particularly
described as follows (the bearing system is basedona bearing of South 88 degrees, 53 minutes, 59
seconds East for the south right-of-way line of East University. Drive according to the above referenced
plat of Denton Bible Church Addition);
COMMENCING, at a 112-Inch iron rod found at the intersection of the south right-of-way line of East
University Drive (U.S. HIGHWAY 380) (a variable width right-of-way) with the east rightof-way line of
Northcrest Drive; said point being the northwest comer of a tract of rand described in a deed to SM7, Inc.,
D.B.A. Highland Food Store recorded In Volume 4311,. Page 2828 of the Deed Records of Denton
County, Texas;
THENCE, South 10 degrees, 12 minutes, 38 seconds West; along the east dght-of-way line of Northcrest
Drive, a distance of 31.63 feet to the POINT OF BEGINNING;
THENCE,.South 10 degrees, 12.minutes, 38 seconds West, along said east rightof-way line, a distance
of 25.00 feet to a point for comer,
THENCE, departing said east right-of-way line, traversing said Northcrest Drivethe followingfour(4)
calls:
North 79 degrees, 47 minutes, 22 seconds West, a distance of 19.50 feet to a point for comer;
said point being the beginning of a tangent curve to the left;
In a southwesterly direction along said curve to the left, having acentral angle of 92 degrees, 10
minutes. 51 seconds , a radius of 12.30 feet, a chord bearing and distance of South 54 degrees,
07 minutes, 13 seconds West, 17.72 feet, an am distance of 19.78 feetto a point for the end of
said curve;
North 81 degrees, 58 minutes, 13 seconds West, a distance of 26.73 feet to a point for corner,
North 10 degrees, 12 minutes, 38 seconds East, a distance of 69.62 feet to a point for comer on
the south right-of-way line of said East University Drive; said point being the beginning of anon -
tangent curve to the right;
THENCE, in a southeasterly direction along said curve to the right and the south line of East University
Drive, having a central angle of 00 degrees, 22 minutes, 55 seconds, a radius of. 3749.72 feet, a chord
bearing and distance of South 80 degrees, 49 minutes, 14 seconds East, 25.00 feet, an are distance of
25.00 feet to a point for the end of said curve;
THENCE, South 10 degrees,. 12 minutes, 38 seconds West, departing said south right-of-way line,
traversing said Northcrest Drive, a. distance of 16.40. feet to a- point forcomer, said -point being the
beginning of a tangent curve to the left;
THENCE, in a southeasterly direction along said curve to the left, having a central angle of 90 degrees,
00 minutes, 00 seconds , a radius of 14.89 feet, a chord bearing and distance of South 34 degrees, 47
minutes, 22 seconds East, 21-.06 feet, an arc distance of 23.39 feet to a point for the end of said curve;
THENCE, South 79 degrees, 47 minutes, 22 seconds East, a distance of 18.61 feet to the POINT OF
BEGINNING; -
CONTAINING, 2.674 square feet or 0.061 acres 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 described.
21(4r
Register Profes Tonal Land Surveyor No. 4688
Pacheco och Co suiting Engineers; Inc.
8350 N: C pwy., #1000, Dallas TX 75206
A=
2308-02.246
SHEET 1 OF 2
EXIABBU T
WBW
EAS
r U/V/V
15' SIDEWALK 'EASEMENT H/VEERS�TY
(CAB.. V. PG 880) (VARIA@(ES. pIGHWAY
POINT
380
TILITY ENT TI'I RIGHT—OF—WAY)
OF
(CAB V. PG880)
COMMENCING
La170.36' C2
1/2-INCH IRON
C4
ROD FOUND (C.M.)
N 10'12'38" E� C3
138.98, I
S 10'12'38" IN
6 6
PUBLIC ACCESS do
31.63'
FIRE
"rp0/NT OF
0LANE AEAASEMENT
.
(2,674 SF)
BEGINNING
L2
LOT 2, BLOCK B 13
DENTON BIBLE a
~
CHURCH ADDITION I ;,
SM7, INC.
a1
(CAB. V, PG. 880) 1
D.B.A. HIGHLAND FOOD STORE -
(VOL. 4311,- PG. 2828)
DENTON BIBLE CHURCH
(VOL. 5388, PG. 2573)
S 79'16'10' E
tetaiD'
A-14'30'48" V 1/2-INCH IRON 16' EASEMENT TO
ROD FOUND THE CITY OF DENTON
R=755.59'
!\T
L=191.40'
VOL 666�PG. 534 I
ro
CB=N 02'5714" E
CD=190.89' a
_
Q ` I
LINE TABLE I
DENTON BIBLE CHURCH
LINE BEARING LENGTH I
(VOL. 5388, PG. -2573)
L1 S 1 " W - 25.00
L2 N 79'47'22" W 19.50
L3 N 81 8'13" W 26.73
L4 N 10'12'38" E 69.52
L5 S 0'12'38" W 16.40
L6 S 79'47' ' E 18.61
CURVE TABLE
CURVE
DELTA
RADIUS
- LENGTH
1 TANGENT
CHORD BEARING
CHORD
CT
'1
12.30
1 19.78
1 12.77
S 54'07'IY W
17.72
E2
3749.72
1 25.00
1 12.50
S 804VIV25.00
C3
1 9D'OD'OO"
1 14.89
1 23.39
1 14.89
S 3447'22" E
21.06
C4
1 0'30' "
1 3749.72
1 33.50
1 16.75
1 S 8 ' S" E
33.50
LEGS II —I O-
0 25 50 100
(C.M.) CONTROLLING MONUMENT
IRF 1/2-INCH IRON ROD
GRAPHIC SCALE IN FEET
-- W/-PACHECO KOCH"
CAP FOUND
NOTES
- -
1. A legal description of own survey date herewith
The undersigned, Registered Professional Land
accompanies this exhibit.
Surveyor• hereby certifies that this plat of
survey accurately seta out the melee and
2. The Bearing system for this exhibit le booed on a
bound the easement tract described. OF TF
qE
bearing of South 88 degrees, 53 minutes, 59 seconds
East far south right-of-way line of East University
•"'^
Drive accordin to the platofDenton Bible Church
.
o-!0
1 W
Addilt., an addition to the City of Denton,- Denton
County, Texas, recorded in Cabinet V. Page 880 of the
••:.E.8 •' •"••""
JAMES KOCH,
PlotRecordsof Denton County. Texas
.. ...
James Koch Jr. ......................
Reglate d Pro eeianal �,+Q
2 674. SQUARE FOOT
Land veyor No. 4688 4'�•.f88)��i RN
811
PUBLIC ACCESS. &
REvsED o /u /2oo5
FIRE LANE EASEMENT
Pacheco Koch Consulting Enqineers
LOCATED IN THE CITY OF DENTON,- TEXAS
AND BEING OUT OF THE
eaea.N c0nnu e,wwv suae 1000 Ds . lexMe lame naxae.aoar
WILLIAM LLOYD SURVEY, .ABSTRACT NO. 773
DENTON COUNTY, TEXAS
ownxw er
exurso
seas
onrs
"ovoorw
tj SRO.
TEF/JAK
1'-50'
FEB. 2005
z306-o2248
- SHEET 2 OF 2
DM FIM- 2108-02=246MDM