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Home My WebLink About2000-1185 Wuedi"OnL a ORDINANCE NO S O t'9y AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT PARTIALLLY RELEASING AN EASEMENT GRANTED TO THE CITY FROM A BLANKET EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF DENTON FROM BRAZOS ELECTRIC POWER COOPERATIVE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS That the City Manager is hereby authorized to execute an Agreement between in substantially the form of the Easement Agreement which is attached to and made a part of this ordinance for all purposes, for the defining and partially releasing an easement granted to the City of Denton from a blanket easement previously assigned to the Brazos Electrical Power Cooperative SECTION 2 That this ordinance shall become effective immediately upon its passage and approval G PASSED AND APPROVED this the �5 day of ' 2000 OWWRE-9m... . W-WWWAr. A a M1 .163 EV4591' ATTEST, JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY t'` Z:e THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON AGREEMENT RELEASING AREA EMBRACED WITHIN EASEMENTS OF THE CITY OF DENTON WHEREAS, the following easement or easements have been executed in favor of the City of Denton, (hereinafter referred to as "City"), to -wit Easement and Right of Way from J F Mason and wife Catherine Mason to Brazos River Transmission Electric Cooperative, Inc, dated 6/19/52, filed 8/4/52, recorded in Volume 381, Page 512 of the Deed Records of Denton County, Texas, as assigned to the City of Denton from Brazos Electric Power Cooperative, Inc, filed 3/1/90, recorded in Volume 2736, Page 825 of the Real Property Records of Denton County, Texas WHEREAS, said Easement is a blanket easement and does not describe the area where the electric line is located and the present record owner of the land referred to therein has requested the City to release the area embraced within its Easement as it affects the property described in Exhibit "A" and `B" as attached hereto and made a part hereof NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the City, for and in consideration of the mutual advantages to accrue to it and to the present and future owners of the land, hereby releases its claims to the property in the easement to the extent of the land described in Exhibit "A" and `B", which is attached hereto and made a part hereof for all purposes IT IS EXPRESSLY UNDERSTOOD AND AGREED this release applies only to the lend described in Exhibits "A' and `B" and any grant in favor of the City contained in said original Easement, not forming a portion of the land described in Exhibits "A" and "B" remains in full force and effect and is no manner waived or imparted EXECUTED on this the 41-"t day of " ' 2000 CITY OF DENTON BY 2i o MICHAE W JIF CITY MANAGE THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for the State of Texas, on this day personally appeared Michael W Jez, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said City of Denton, and that he executed the same as the act of the said City for the purposes and consideration therein expressed, and in the capacity therein stated �y IVE UNDER MY HAND AND SEAL 7F FFICE, on this day of ✓L 12000 O Not Public, State of xas�/� q / `;,� ,tate of Texas My commission Mik nnmisslon Explres 01; .'a MAY 0 2002 EXHIBIT A COLEMAN& ASSOC. SURVEYING 23 350 ACRE TRACT 1 FIELD NOTES to all that certain tract of land situated in the A Serren Survey Abstract Number 1198, Denton County, Texas and being a part of the called 23 292 acre Tract 1 and part of the called 23 292 acre Tract 2 described in the deed from Charley Mack Mason et ux to Charley M Mason recorded in C F N 97- R0079049 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Southwest corner of the tract being described herein, at a 1/2 inch iron rod set to replace a 50D nail found near a fence corner post at the Southwest corner of the said 23 292 acre Tract 2 and salient corner of a called 448 7629 acre tract described in the deed from Blueridge Capital Corp to Timberglen Co recorded in C F N 95-R0079950 of the Real Property Records of Denton County, Texas on the North line of Lake Sharon Drive, THENCE North 00 Degrees 33 Minutes 31 Seconds West along a wire fence with the West line of the 29 292 acre Tract 2, a distance of 1,185 87 feet to a 1/2 inch iron rod set for the Northwest corner of the herein described tract and Southwest corner of a 23 254 acre tract described in the deed to Denton Independent School District, THENCE South 88 Degrees 52 Minutes 51 Seconds East with the South line of the Denton Independent School District tract across the 23 292 acre tract 2 and the said 23 292 acre Tract 1 a distance of 867 76 feet to a 1/2 inch iron rod set on the East line thereof at the Southeast corner of the Denton Independent School ]district tract, THENCE South 00 Degrees 35 Minutes 09 Seconds East with the East line of the 23 292 acre Tract 1 a distance of 1,163 92 feet to a 5/8 inch iron rod found at the Southeast corner thereof on the North line of Lake Sharon Drive, THENCE North 89 Degrees 37 Minutes 42 Seconds West along a wire fence with the North line of Lake Sharon Drive and the South line of the 23 292 acre Tract 1 a distance of 432 78 feet to a 1/2 inch iron rod found at the Southwest corner thereof and the Southeast corner of the 23 292 acre Tract 2, THENCE South 88 Degrees 58 Minutes 19 Seconds West along a wire fence with the North line of Lake Sharon Drive and the South line of the 23 292 acre Tract 2 a distance of 435 24 feet to the PLACE OF BEGINNING and enclosing 23.350 acres of land EXHIBIT B COLEMAN & ASSOC. SURVEYING 11 566 ACRE TRACT 2 FIELD NOTES to all that certain tract of land situated in the A Serren Survey Abstract Number 1198, Denton County, Texas and being a part of the called 23 291 acre tract described in the deed from Charley Mack Mason et ux to Jessie Sue Mason Woolfolk recorded in Volume 671, Page 44 of the Deed Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Southeast corner of the tract being described herein, at a 1/2 inch iron rod set at the Southeast corner of the said 23 291 acre traact on the North line of Lake Sharon Drive, THENCE South 89 Degrees 13 Minutes 52 Seconds West along a wire fence with the North line of Lake Sharon Drive and the South line of the 23 291 acre tract a distance of 435 55 feet to a 1/2 inch iron rod found at the Southwest Corner thereof and the Southeast Corner of a called 23 292 acre Tract 1 described in the deed to Charley M Mason recorded under C F N 97-ROO79049 of the Real Property Records of Denton County, Texas, THENCE North 00 Degrees 35 Minutes 09 Seconds West with the East line of the said 23 292 acre Tract 1 and the West line of the 23 291 acre tract a distance of 1163.92 feet to a 1/2 inch iron rod set for the Northwest corner of the herein described tract and the Southwest corner of an 11 681 acre tract described in the deed to Denton Independent School District, THENCE South 88 Degrees 52 Minutes 51 Seconds East with the South line of the said Denton Independent School District tract across the 23 291 acre tract a distance of 435.75 feet to a 1/2 inch iron rod set on the East line thereof at the Southeast corner of the Denton Independent School District tract, THENCE South 00 Degrees 35 Minutes 06 Seconds East generally along a wire fence with the East line of the 23 291 acre tract a distance of 1149 56 feet to the PLACE OF BEGINNING enclosing 11 566 acres of land kdm jd62-b/98059 EXHIBIT F�°� r Y[6�11 8 yO.fCAO [ q+ �.�,LL 1.9 i � u isi Y � I� ppgOip6 y ¢ �yti, 3AO am p b MI6p IJii �jl It if W i � y! 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