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ORDINANCE NO —
AN ORDINANCE ABANDONING AND VACATING A PORTION OF AN ELECTRIC LINE
EASEMENT FROM L R STRICKLAND TO BRAZOS RIVER TRANSMISSION ELECTRIC
COOPERATIVE, INC RECORDED IN VOLUME 386, PAGE 59 OF THE DEED RECORDS
OF DENTON COUNTY, TEXAS AND SUBSEQUENTLY ASSIGNED TO THE CITY OF
DENTON IN AN INSTRUMENT RECORDED IN VOLUME 2736, PAGE 825 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS IN THE SAMUEL KEPHART
SURVEY, ABSTRACT NO 721, SAID PORTION BEING ON LOTS 9,16,17,18 & 19,
BLOCK D AND WITHIN THE STREET RIGHT-OF-WAY OF INDIAN LAKE TRAIL, ALL
WITHIN THE AMENDED FINAL PLAT OF LAKE SHARON ESTATES, AN ADDITION
TO THE CITY OF CORINTH, TEXAS, RECORDED IN CABINET R, PAGE 323 OF THE
PLAT RECORDS OF DENTON COUNTY, TEXAS, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, the City of Denton in cooperation with the developer and owners of Lake
Sharon Estates, an addition to the City of Denton, Texas, has agreed to relocate its electric
transmission line facilities to alternative locations within easements procured by the developer,
those alternative electric easement tracts being described in Exhibit "A" and attached hereto and
made a part hereof by reference (the "Alternative Easements"), and
WHEREAS, the City Council finds that the exchange of the Alternative Easements for
the abandonment of the existing easements provided herein represents fair market value for the
abandonment of the existing easements, as may be required by Section 272 001 of the Local
Government Code and applicable City ordinances, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 A portion of that certain electric line easement from L R Strickland to
Brazos River Transmission Electric Cooperative, Inc recorded in Volume 386, Page 59 of the
Deed Records of Denton County, Texas and subsequently assigned to the City of Denton in an
instrument recorded in Volume 2736, Page 825 of the Real Property Records of Denton County,
Texas only to the extent that said easement is located within Lots 9,16,17,18 & 19, Block D and
within the street right-of-way of Indian Lake Trail, according to the Amended Final Plat of Lake
Sharon Estates, an addition to the City of Corinth, Texas, recorded in Cabinet R, Page 323 of the
Plat Records of Denton County, Texas (the "Abandoned Easement"), is permanently vacated and
extinguished upon the delivery of the Alternative Easements to the City in a form acceptable to
the City and the recording of same in the Real Property Records of Denton County, Texas (the
"Condition Subsequent")
SECTION 2 Subject to the Condition Subsequent, by reason of such vacation and
abandonment the City of Denton's property interest in the easement shall by operation of law,
revert to the owner or owners abutting the easement portion herein abandoned and the City of
Denton I releases any and all claims to the use of the property as an easement for purposes
granted, A certified copy of this ordinance may be recorded in the Real Property Records of
Denton County, Texas after the Condition Subsequent has been met, to evidence the Abandoned
Easement
SE TION 3 This ordinance shall become effective upon the completion of the
Condition Subsequent If the Condition Subsequent is not completed within 30 days after the
date of approval of this ordinance as set forth below, than this ordinance shall be null and void
and of no further force and effect
PASSED AND APPROVED this the 6_ day of //Z , 2001
��-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
B
APPR'�rD AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Page 2
S WVr m=w,lOrNnm 01� ka Sbw M— OM AbendoiNiwiEa
EXHIBIT A
FIELD NOTES - TRACT 1
BEING a ten foot wide electrical easement for the purpose of utility, access, and
maintenance, and being part of that tract of land described in deed to Attila
Construction Company, L P recorded in Volume 4008, Page 502, Deed Records,
Denton County, Texas, and being part of those tracts of land described In deed to Lake
Sharon, L P recorded in Volume 4017, Page 875 and Volume 4262, Page 143, both in
the Deed Records, Denton County, Texas, and being more particularly described as
follows
Commencing at the northeast corner of Bryant Branch Park, an addition to the City of
Corinth recorded in Cabinet E, Page 207, Plat Records, Denton County, Texas, same
being the southeast corner of a tract of land described in deed to Oscar Blankenmeyer,
Jr recorded In Volume 1187, Page 559, Deed Records, Denton County, Texas,
THENCE North 01 °11'29" East along the east line of said Oscar Blankenmeyer, Jr
tract a distance of 1283 31 feet to the POINT OF BEGINNING,
THENCE North 01°11'29" East a distance of 10 00 feet to a point for corner,
THENCE South 88037'01" East a distance of 844 44 feet to a point for corner at the
beginning of a tangent curve to the right whose chord bears South 88°17'56" East a
distance of 72 18 feet,
THENCE~ along said tangent curve to the right having a radius of 1950 00
feet, a central angle of 2-07-16", and an arc distance of 72 19 feet to a point for corner
in the west line of a tract of land described in deed to the City of Corinth recorded in
Volume 4199, Page 1247, Deed Records, Denton County, Texas,
THENCE South 18'00'20" East a distance of 10 70 feet to a point for corner at the
beginning of a tangent curve to the left whose chord bears North 88-14-38" West a
distance of 75 67 feet,
THENCE along said tangent curve to the left having a radius of 1940 00 feet, a central
angle of 2*14'06", and an arc distance of 75 68 feet to a point for comer,
THENCE North 88037'01" West a distance of 844 47 feet to the POINT OF
BEGINNING and containing 0 211 acres, more or less
David F McCullah, R P L S #4023
President
McCullah Surveying Inc
Continued
EXHIBIT A
FIELD NOTES -TRACT 2
BEING a tan foot wide electrical easement for the purpose of utility, access, and
maintenance, and being part of that tract of land described in deed to Lake Sharon,
L P recorded in Volume 4017, Page 875 Deed Records, Denton County, Texas, and
being more particularly described as follows
COMMENCING at the northeast corner of a tract of land described in deed to Lake
Sharon Christian Center, Inc recorded in Volume 4107, Page 2239, Deed Records,
Denton County, Texas,
THENCE North 89027'18" West along the north line of said Lake Sharon Christian
Center, Inc tract a distance a distance of 1390 53 feet to a point,
THENCE South 00'32'42" West along the west line of said Lake Sharon Christian
Center, Inc tract a distance of 41 75 feet to the POINT OF BEGINNING,
THENCE South 00°32'42" West a distance of 10 13 feet to a point for comer at the
beginning of a non -tangent curve to the right whose chords bears North 76054'55"
West a distance of 238 94 feet,
THENCE along said non -tangent curve to the right having a radius of 2059 98 feet, a
central angle of 6038'58", and an arc distance of 239 07 feet to a point for corner in the
south line of a tract of land described In deed to Timberland Company recorded in
County Clerk File Number 95-R0079950 Deed Records, Denton County, Texas,
THENCE South 89°27'18" East along the south line of said Timberland Company tract
a distance of 37 76 feet to the beginning of a non -tangent curve to the left whose chord
bears South 77°24'00" East a distance of 199 89 feet,
THENCE along said non -tangent curve to the left having a radius of 2049 98 feel, a
central angle of 5°35'20", and an arc distance of 199 97 feet to
the POINT OF BEGINNING and containing 0 050 acres, more or less
David F McCullah, R P L S #4023
President
McCullah Surveying, Inc
�P o`O ge
1p � pay
DAV F U H
I % 3 +-ZI
SUA��
Continued
EXHIBIT A
FIELD NOTES 10 FOOT WIDE ELECTRICAL EASEMENT
BEING a tract or parcel of land foi the purpose of an electrical easement
situated in the BBB&C RR Survey, Abstract Number 190 in the City of Corinth,
Denton County, Texas and beinf; part of that tract of land described in deed to
the
on Number 2 recorded in Volume 4199
Page 47Deed Records,
i12of Chas oente n
rpCounty Texas and being more particularly
described as follows
BEGINNING at a point at the not thwest corner of said City of Corinth Booster
Pump Station Number 2 tract at the beginning of a non -tangent curve to the right
whose chord bears South 78049'58" East a distance of 570 10 feet,
THENCE in an easterly directioi along said non -tangent curve to the right
having a radius of 1950 00 feet a central angle of 16'48'41" and an arc
distance of 572 15 feet to a poir t for comer at the beginning of a reverse curve
to the left whose chord bears Si .uth 70"57'51" East a distance of 3B 49 feet
THENCE in an easterly dl-ectloit along Said reverse curve to the left having a
radius of 2049 98 feet a central anglo of 1'04'33 and an arc length of 38 49
feet to a point for corner in the tvest line of a tract of land described in deed to
Timberland Company recorded in Clerk File Number 95-R0079950 Deed
Records, Denton County, Tex'i,
THENCE South 4934'18" East niong the west lino of said Timberland Company
tract a distance of 10 86 feet to a point for comer at the beginning of a non -
tangent curve to the right whoeie chord bears North 71 *01 25" West a distance of
42 93 feet
THENCE in a wocterly direction along said non -tangent curve to the right having
a radius of 2059 98 feet a central angle of 1011 39", and an arc distance of
42 94 feet to a point for cornea at the beginning of a reverse curve to the left
whose chord bears North 78",16 36 West a distance of 563 43 feet,
THENCE In a westerly directs n along said reverse curve to the left having a
radius of 1940 00 feet, a oenWal angle of 16°41'57", and an arc distance of
565 43 feet to a point for comt-r in the west line of said City of Corinth Booster
Pump Station Number 2 tract,
THENCE North 18000'20" West along the west line of said City of Corinth
Booster Pump Station Number 2 tract a distance of 10 70 feet to the POINT OF
BEGINNING and containing C 140 acres more or less
David F McCullah R P L S l4o 4023
Procident
McCullah Surveying, Inc
Continued
EXHIBIT A
FIELD NOTES 10 FOOT WIDE ELECTRICAL EASEMENT
BEING a tract or parcel of land for the purpose of an electrical easement
situated in the A Serren Survey, abstract Number 1198 in the City of Corinth,
Denton County Texas and being part of that tract of land described in deed to
Timberland Company recorded in Clerk File number 95-R0079950, Deed
Records, Denton County, Texas send being more particularly described as
follows
COMMENCING at the northeast t,orner of a tract of land described in deed to
Lake Sharon Chrietian Center rec orded in Volume 4107, Page 2239, Deed
Records, Denton County, Texas, said point being in the south line of said
Timberland Company tract
THENCE North 89'27'1a" West nlong the common boundary line between said
Lake Sharon Christian Center an i said Timberland Company tracts, passing at
1390 53 feet the northwest eornE r of said Lake Sharon Christian Center tract
and the northeast corner of a tract of land described in deed to Lake Sharon
L P recorded In Volume 4017. Page 875, Deed Records, Denton County, Texas,
and continuing for a total destanca of 1686 02 feet to the POINT OF
BEGINNING,
THENCE North 89'27'18" West i ontinuing along the common boundary line of
said Timberland Company and said Lake Sharon L P tracts a distance of 37 78
feet to a point for corner at the d„>ginning of a non -tangent curve to the right
whose chord bears North 72'36 M' West a distance of 70 82 feet,
THENCE in a westerly direction along said non -tangent curve to the right having
a radius of 2059 98 feet, a centr oI angle of 1'58 11", and an arc distance of
70 82 feet to a point for corner iri the east line of a tract of land described in
deed to the City of Corinth as Bccoster Pump Station Number 2 recorded in
Volume 4199, Page 1247 Deed Records, Denton County, Texas,
THENCE North 04°34'18" West along the oast line of said City of Corinth
Booster Pump Station Number,,, a distance of 10 86 feet to a point for corner at
the beginning of a non -tangent curve to the left whose chord bears South
73003'14" East a distance of 11 1 02 feet
THENCE in an easterly direction along said non -tangent curve to the left having
a radius of 2049 98 feet, a central angle of 3006'12", and an arc distance of
distance of 111 04 feet to the POINT OF BEGINNING and containing 0 021
acres of land, more or less
David F McCullah, R P L S No 4023
President
McCullah Surveying, Inc
t
a
4978 02020
ELECTRIC EASEMENT
THE STATE OF TEXAS, S
$ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 8
THAT Attila Construction Company, L.P. and Lake Sharon, L.P.
(Grantors) whose mailing address is 17400 Dallas Parkway, Suite 216,
Dallas, Texas 75287, in consideration of the sum of ONE DOLLAR
($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 these and situated in Denton
County, Texas, in the BBB & CRR Survey, Abstract 190.
SEE ATTACHED EXHIBITS "A", "B" & ^C"
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 electric 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 electric facilities or any part
thereof.
The City of Denton will, at all times, after doing any work in
connection with the construction, reconstruction or repair of said
facilities, restore said premises as nearly as feasible to the
condition in which same were found before such work was undertaken.
4978 02021
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 ,lt\ � day ofj��E 2001.
ATTILA CONSTRUCTION COMPANY, L.P.
a Texas limited partnership
By: Canyon Capital Corp., General partner
By Q i% Xb
Sue Shelton, Executive Vice President
LAKE SHARON, L.P.
a Texas Limited partnership
By: Lake Sharon GP, Inc., a Texas
corporation, sole q eral partner
By:�
Sue Shel on, Executi a Vice President
This instr nt was acknowledged before me on this W day of
2001 by Sue Shelton.
JANE E STREET Notary Pu14 c, in and for the State of Texas
E NOTARY PUBLIC
State of Texas My Commi. sion Expires
Comm. ExP.05-10-2003
Accepted this 'fR day of PCICCW06E 2001 for the
City of Denton, Texas (Resolution No. 91-073).
BY: _V1JYN, aj l - Qgoy I% ft kt, VVuIT wiI
Paul Williamson
Real Estate 6 Capital
Support Manager
RETURN TO: City of Denton
601 East Hickory Street, Suite B
Denton, Texas 76205
ATTN: Paul Williamson
4978 02022
EXHIBIT `"A"
FIELD NOTES - TRACT 1
BEING a ten foot wide electrical easement for the purpose of utility, access, and
maintenance, and being part of that tract of land described in deed to Attila
Construction Company, L.P. recorded in Volume 4008, Page 502, Deed Records,
Denton County, Texas, and being part of those tracts of land described in deed to Lake
Sharon, L.P. recorded in Volume 4017, Page 875 and Volume 4262, Page 143, both in
the Deed Records, Denton County, Texas, and being more particularly described as
follows:
Commencing at the northeast comer of Bryant Branch Park, an addition to the City of
Corinth recorded in Cabinet E, Page 207, Plat Records, Denton County, Texas, same
being the southeast comer of a tract of land described in deed to Oscar Blankenmeyer,
Jr, recorded in Volume 1-187, Page 559, Deed Records, Denton County, Texas;
THENCE North 01 *11'29" East along the east line of said Oscar Blankenmeyer, Jr.
tract a distance of 1283.31 feet to the POINT OF BEGINNING;
THENCE North 01 *11'29" East a distance of 10.00 feet to a point for corner;
THENCE South 88037'01" East a distance of 844.44 feet to a point for corner at the
beginning of a tangent curve to the right whose chord bears South 88017'56" East a
distance of 72.18 feet;
THENCE along said tangent curve to the right having a radius of 1950.00
feet, a central angle of 2007'16", and an arc distance of 72.19 feet to a point for comer
in the west line of a tract of land described in deed to the City of Corinth recorded in
Volume 4199, Page 1247, Deed Records, Denton County, Texas;
THENCE South 18000'20" East a distance of 10.70 feet to a point for corner at the
beginning of a tangent curve to the leftwhose chord bears North 88014'38" West a
distance of 75.67 feet;
THENCE along said tangent curve to the left having a radius of 1940.00 feet, a central
angle of 2014'06", and an arc distance of 75.68 feet to a point for comer;
THENCE North 88037'01" West a distance of 844.47 feet to the POINT OF
BEGINNING and containing 0.211 acres, more or less.
David F. McCullah, R.P.L.S. #4023
President
McCullah Surveying, Inc.
EXHIBIT "B" 4978 02023
FIELD NOTES - TRACT 2
BEING a ten foot wide electrical easement for the purpose of utility, access, and
maintenance, and being part of that tract of land described in deed to Lake Sharon,
L.P. recorded in Volume 4017, Page 875 Deed Records, Denton County, Texas, and
being more particularly described as follows:
COMMENCING at the northeast corner of a tract of land described in deed to Lake
Sharon Christian Center, Inc. recorded in Volume 4107, Page 2239, Deed Records,
Denton County, Texas;
THENCE North 89'27'1.8" West along the north line of said Lake Sharon Christian
Center, Inc. tract a distance a distance of 1390.53 feet to a point;
THENCE South 00°32'42" West along the west line of said Lake Sharon Christian
Center, Inc. tract a distance of 41.75 feet to the POINT OF BEGINNING;
THENCE South 00032'42" West a distance of 10.13 feet to a point for corner at the
beginning of a non -tangent curve to the right whose chords bears North 76054'55"
West a distance of 238.94 feet;
THENCE along said non -tangent curve to the right having a radius of 2059.98 feet, a
central angle of 6038'58", and an arc distance of 239.07 feet to a point for comer in the
south line of a tract of land described in deed to Timberland Company recorded in
County Clerk File Number 95-R0079950 Deed Records, Denton County, Texas;
THENCE South 89027'18" East along the south line of said Timberland Company tract
a distance of 37.76 feet to the beginning of a non -tangent curve to the left whose chord
bears South 77024'00" East a distance of 199.89 feet;
THENCE along said non -tangent curve to the left having a radius of 2049.98 feet, a
central angle of 5035'20", and an arc distance of 199.97 feet to
the POINT OF BEGINNING and containing 0.050 acres, more or less.
David F. McCullah, R.P.L.S. #4023
President
McCullah Surveying, Inc.
lJUHS\ 1997JUHS\ 9/U91\ NEI HNUY.F'HU
'
EXHIBITC
4970
02024
10 FOOT WIDE ELEC'1RICAL EASEMENT
POINT OF COMMENCING
TRACT 1
OSCAR BLANKENMEYER,
JR.
NE CORNER BRYANT
BRANCH PARK
VOLUME
1187. PAGE 559
dCABINET
E. PAGE
207
N1'11'29"E 1283,31
Il
ATTILA CONSTRUCTION
COMPANY, L.P.
VOLUME 4008. PAGE 502
LAKE
SHARON, L.P.
VOLUME
4262, PAGE 143
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16531 ADDISON ROAD
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ADDISON.
TX.
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PH (972) 713-9777
FAX
(972) 713-9776
AUGUST 2001 97091
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4978 02025
City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson
C;� Denton
Engi Bring D artmel
Clty Ha
s01 Et Hi ry, Suite B
rnxa 6205
4 iam,
ANY PROJI'iION IIEHEIN N^IICI FESIRICIJ THC SALE FEf?AL OR L' E
OF THE OESORIEED REAL PRO?EFtY cECAUSE OF COLOR OR RAOE Lj
N'AI D AN. UtJE6FGFCEPBLE UNVEP FEDERAL LAW
THE S'fATE OF TEXAS J`
COUMY OF OEtRON
I h., b, cel,ty Nat Ule I'nlmm<nl waa FILED In Mp Fla Number aa+,nmm on
Olfi al futli PnuNol Hcuitll?tWartY^'Denlm CnvnN TREG..
siOROEO. u�Na
DEC 6
2001
COUNTY CLERK
05NTON COUNTY. TEXAS
Record in:ENTON for
CYNTHIA MITCHLLY COUNTY CLERK
On Dec 06 2001
At 11:48am
Receipt #, 61400
Recording: 13.00
Doc/Mgmt : 6.00
Doc/Num : 2001-R0t3tt60
Doc/Type • EAS
Deputy -Felicia