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Home My WebLink About2001-281FILE REFERENCE FORM 2001-281 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act X Other FILE(S) Date Initials Document has been filed with the County Clerk's Office -original County document included with file but not imaged JW s Our W[umcnU�r&=OIWIl .B, kApprovald ORDINANCE NO aW AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND ACME BRICK COMPANY RELATED TO THE EXHANGE OF REAL PROPERTY INTERESTS, INCLUDING A QUITCLAIM DEED FROM THE CITY TO ACME BRICK COMPANY, SAID REAL PROPERTY BEING LOCATED IN THE N BRITTON SURVEY, ABSTRACT NO 51 AND BEING A 0 474 ACRE TRACT AND A 0 02 ACRE TRACT ALONG THE NORTH LINE OF HICKORY CREEK ROAD, APPROXIMATELY 2,500 FEET WEST OF HICKORY CREEK'S INTERSECTION WITH F M 2181, IN THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute an Easement Agreement between the City of Denton and the Acme Brick Company and a Quitclaim Deed in substantially the form of the Easement Agreement and Quit Claim Deed attached to and made a part of this ordinance for all purposes SECTION 2 This ordinance shall become effective immediately upon its passage and approval st- PASSED AND APPROVED this the day of 2001 EULINE BROCK, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY m1V {{ f THE STATE OF TEXAS, COUNTY OF DENTON EASEMENT AGREEMENT § § KNOW ALL MEN BY THESE PRESENTS: § THIS EASEMENT AGREEMENT (hereinafter referred to as this "Agreement"), made the6qI�day of 2001 by and between ACME BRICK COMPANY and the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas RECITALS WITNESSETH, THAT WHEREAS, ACME BRICK COMPANY has interest in a 30' access easement recorded in Volume 500, Page 114 of the Deed Records of Denton County, Texas, further evidenced in a conveyance from Justin Industries, Inc to Acme Brick Company by deed recorded in Volume 3127, Page 930 of the Real Property Records of Denton County, Texas, and WHEREAS, said 30' access easement encumbers the western 30 feet of recently platted Lots 1 and 2, Block A, Chaucer Estates, Phase I, an addition to the City of Denton recorded in Cabinet Q, Page 267 of the Plat Records of Denton County, Texas, and WHEREAS, the CITY OF DENTON desires to place above ground and below ground electric utility equipment and facilities within a portion of said 30, access easement as it affects said Lot 1, Block A, Chaucer Estates, Phase I, and 1 WHEREAS, the CITY OF DENTON has acquired a 16' electric utility easement from the owner of Lot 1, Block A, Chaucer Estates, Phase I, said 0.02 acre electric utility easement tract further described in County Clerk's File No. 00-R0066086; and WHEREAS, the CITY OF DENTON has been granted a 0.541 acre tract west of and adjacent to said Chaucer Estates, Phase I by quit claim deed recorded in Volume 4400, Page 1146, Real Property Records, Denton County, Texas; and WHEREAS, the CITY OF DENTON desires to quitclaim a 0.474 acre portion of said 0.541 acre CITY OF DENTON tract to ACME BRICK COMPANY in order to preserve ACME BRICK COMPANY'S existing right of access to Hickory Creek Road, and WHEREAS, ACME BRICK COMPANY desires to subordinate its access rights in said electric utility easement tract described in County Clerk's File No. 00-R0000000 in exchange for a 0.474 acre portion of the said CITY OF DENTON 0.541 acre tract; IF a third party is successful in enforcing their vested ownership rights to the 0.541-acre tract quitclaimed to the City of Denton by the adjacent landowners to the East and to the West, said quitclaim deed recorded in Volume 4400, Page 1146, Real Property Records, Denton County, Texas, then the City of Denton shall relocate all its above -ground electric facilities and appurtenances outside the boundaries of the said existing 30-foot 2 n access easement (granted to Acme Brick and recorded in Page 500, Page 114, Deed Records, Denton County, Texas) to an alternative location at their sole cost and expense. IF a third party is successful in enforcing their vested ownership rights to the 0.541-acre tract quitclaimed to the City of Denton then this agreement shall be rescinded by all parties hereof and it is further acknowledged that any easement rights granted to the City of Denton conflicting with Acme Bricks access rights originally granted in Volume 500, Page 114, Deed Records, Denton County, Texas, shall be subordinated NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual entry into this AGREEMENT by the parties hereto, and in consideration of the payment of ONE DOLLAR ($1 00), and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each undersigned party, the parties agree as follows• QUITCLAIM The CITY OF DENTON hereby shall quitclaim to ACME BRICK COMPANY and its successors and assigns a 0.474 acre portion of the said CITY OF DENTON 0.541 acre tract described in "EXHIBIT A" and illustrated in "EXHIBIT B", both attached herewith and as further evidenced by QUIT CLAIM DEED filed of even date 3 SUBORDINATION OF EASEMENT ACME BRICK COMPANY hereby subordinates its said access easement interests in the said 0.02-acre electric utility easement tract described in County Clerk's File No. 00-R0066086. AS WITNESS WHEREOF, the parties hereto have caused the Easement Agreement to be duly executed by their respective authorized officers as of the day and year first above written \ ACME BRICK) COMPANY By. V Title:�� THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON, TEXAS Y• Title: City Manager hnlrmnwl adament TJ FORNII This instrument was acknowledg a before me on August 21 2001 by Michael A Conduff Notary Public, in My Commission Exp 4 (for the State of Texas 5- o 4 !D Z EXHIBIT "A" 0.474 ACRE QUITCLAIM All that certain lot, tract or parcel of land lying and being situated in the N. Britton Survey, Abstract No. 51, Denton County, Texas, and being part of a 0.541 acre tract of land described in a deed from Hickory Creek Estates, Ltd., and Vista Verde, I, Ltd., to the City of Denton, recorded in County Clerk's File No. 99-R0081971, Real Property dRecords, bed Denton as ollows: County, Texas, and being more particularly BEGINNING at a P.K. nail found for corner in the north line of the B. Rogers Survey, Abstract Number 1101 and in right-of-way a Road, a public roadway having proposed 20 feet, said point being the southwest corner of said Eli Pickett Surveys THENCE North 890 05, 31" West a distance of 36.92 feet with said Hickory Creek Road and with said north line of said Rogers Survey to an iron rod found for corner, said point being the southeast corner of Oaks of Montecito Phase 5, Section A; THENCE North 010 00' 11" East a distance of 705 00 feet with the east line of said Oaks of Montecito, Phase 5, Section A to an iron rod found for corner, said point being the northeast corner of Lot 21, Block F of said Oaks of Montecito, Phase 5, Section A; THENCE South 890 05, 32" East a distance of 29 95 feet to an iron rod set for corner in the west line of said Eli Pickett Survey, said point being on the west line of Chaucer Estates, Phase I, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet Q, Page 267, Plat Records, Denton County, Texas; THENCE South 000 26' 12" West with the west line of Chaucer Estates, Phase I and the west line of said Eli Pickett Survey a distance of 705.02 feet to the PLACE OF BEGINNING and containing 0 541 acre total of which 0.067 acre is described by a save and except tract herein yielding 0.474 acre net. EXHIBIT "A" continued SAVE AND EXCEPT all that certain lot tract or parcel of land lying and being situated in the N. Britton Survey, Abstract No. 51, Denton County, Texas, and being part of a tract of land described in a deed from Hickory Creek Estates, Ltd., and Vista Verde, I, Ltd., to the City of Denton, recorded in County Clerk's File No. 99-R0081971, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a P.K. nail found for corner in the north line of the B. Rogers Survey, Abstract Number 1101 and in Hickory Creek Road, a public roadway having a proposed right-of-way of 120 feet, said point being the southwest corner of said Eli Pickett Survey; THENCE North 890 05, 31" West a distance of 36 92 feet with said Hickory Creek Road and with said north line of said Rogers Survey to an iron rod found for corner, said point being the southeast corner of Oaks of Montecito Phase 5, Section A; THENCE North 010 00' 11" East a distance of 80 feet with the east line of said Oaks of Montecito, Phase 5, Section A to a point for corner; THENCE South 890 05' 31" East a distance of 36.13 feet to a point in the west line of said Eli Pickett Survey, said point also being on the west line of Chaucer Estates, Phase I, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet Q, Page 267, Plat Records, Denton County, Texas; THENCE South 000 26' 12" West with the west line of Chaucer Estates, Phase I and the west line of said Eli Pickett Survey a distance of 80 feet to the PLACE OF BEGINNING and containing 0.067 acre of land. North w QUIT CLAIM DEED THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, in consideration of the sum of one dollar ($1.00) and no cents and other good and valuable consideration in hand paid by the Saint Andrew Church of God in Christ of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, do by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the Acme Brick Company, its successors and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Denton and State of Texas, described as follows, to -wits All that certain lot, tract or parcel of land lying and being situated in the N. Britton Survey, Abstract No. 51, Denton County, Texas, and being part of a 0 541 acre tract of land described in a deed from Hickory Creek Estates, Ltd., and Vista Verde, I, Ltd., to the City of Denton, recorded in County Clerk's File No. 99-R0081971, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a P.K nail found for corner in the north line of the B. Rogers Survey, Abstract Number 1101 and in Hickory Creek Road, a public roadway having a proposed right-of-way of 120 feet, said point being the southwest corner of said Eli Pickett Surveyl THENCE North 890 05, 31" West a distance of 36 92 feet with said Hickory Creek Road and with said north line of said Rogers Survey to an iron rod found for corner, said point being the southeast corner of Oaks of Montecito Phase 5, Section A, THENCE North 010 00' 111, East a distance of 705.00 feet with the east line of said Oaks of Montecito, Phase 5, Section A to an iron rod found for corner, said point being the northeast corner of Lot 21, Block F of said Oaks of Montecito, Phase 5, Section A; THENCE South 890 05, 32" East a distance of 29.95 feet to an iron rod set for corner in the west line of said Eli Pickett Survey, said point being on the west line of Chaucer Estates, Phase I, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet Q, Page 267, Plat Records, Denton County, Texas; THENCE South 000 26' 12" West with the west line of Chaucer Estates, Phase I and the west line of said Eli Pickett Survey a distance of 705.02 feet to the PLACE OF BEGINNING and containing 0.541 acre total of which 0.067 acre is described by a save and except tract herein yielding 0.474 acre net. SAVE AND EXCEPT all that certain lot tract or parcel of land lying and being situated in the N. Britton Survey, Abstract No. 51, Denton County, Texas, and being part of a tract of land described in a deed from Hickory Creek Estates, Ltd , and Vista Verde, I, Ltd., to the City of Denton, recorded in County Clerk's File No. 99-R0081971, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a P.K nail found for corner in the north line of the B. Rogers Survey, Abstract Number 1101 and in Hickory Creek Road, a public roadway having a proposed right-of-way of 120 feet, said point being the southwest corner of said Eli Pickett Survey; THENCE North 89° 05, 31" West a distance of 36.92 feet with said Hickory Creek Road and with said north line of said Rogers Survey to an iron rod found for corner, said point being the southeast corner of Oaks of Montecito Phase 5, Section A; THENCE North 010 00' 111, East a distance of 80 feet with the east line of said Oaks of Montecito, Phase 5, Section A to a point for corner; THENCE South 890 05' 31" East a distance of 36.13 feet to a point in the west line of said Eli Pickett Survey, said point also being on the west line of Chaucer Estates, Phase I, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet Q, Page 267, Plat Records, Denton County, Texas; THENCE South 000 26' 1211 West with the west line of Chaucer Estates, Phase I and the west line of said Eli Pickett Survey a distance of 80 feet to the PLACE OF BEGINNING and containing 0.067 acre of land. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Acme Brick Company, its successors and assigns, forever, so that neither the City of Denton, Texas, its successors nor any person or persons claiming under it shall, at any time hereafter, have claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. witness my hand, this the oS�st day of 2001. CITY OF DENTON, TEXAS By: Michael A. and City Manager imOVED AS TO FOR o ACKNOWLEDGMENT (Y AF')i:, STY OF i}: � TEk THE STATE OF TEXAS S COUNTY OF DENTON § / This instrument was acknowledg d before me on 2001 by Michael A. Conduff, C Manage�City of enton, exas. Notary P lic, in and 66r the State of Texas My Commission Expires ANN FORSYTHE Notary Public, State of Texas My Cornisslon Expires MAY 9, 2002