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Home My WebLink About2000-362NCH LDL\VOLMHARWDBTMM,OatwlmleWryneoufa091anku R..t PoemC kRolum Aoo ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT PARTIALLY 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 SECTION 1 That the City Manager is hereby authorized to execute an Agreement between the City of Denton, Texas and The Preserve at Pecan Creek, Ltd, 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 SACTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �rL day of 2000 1"� & - EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / / STATE OF TEXAS COUNTY OF DENTON EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS ABANDONMENT OF EASEMENT THAT The City of Denton, Texas hereby agrees to release a blanket easement in the following described property, to wit See attached Exhibit A which is incorporated by reference as if fully set forth herein 2 It is expressly understood that for the consideration of a granting of an easement which is reflected in Exhibit `B" and is incorporated by reference as if fully set forth herein, that the City will abandon and change the designation of the location for the easement previously granted Brazos Electrical Power Cooperative, Inc in the following documents Easement granted by J W Ward, et ux to Brazos River Transmission Electric cooperative, Inc , dated 06/03/47, filed 10/24/49, recorded in Volume 3354, Page 402 of the Deed Records of Denton County, Texas, and assigned to the City of Denton, Texas, By Brazos Electric Power Cooperative, Inc in a document filed 3/l/90, and recorded at Vol 2736, Page 828, Real Property Records, Denton County, Texas The above -described easements assigned to the City of Denton are blanket easements and did not describe the area when the distribution and transmission lines are located The present record owners of the land referred to above have requested the City release the area embraced within said blanket easement in favor of this designation of location as described in attached Exhibit B The City of Denton, Texas, acting by and through its duly authorized representative, Michael W Jez, City Manager, does hereby release its claim to said properties other than the easement designated herein and which is described in attached Exhibit B BINDING EFFECT This Agreement shall bind and inure to the benefit of the respective parties, their representatives, successors, and assigns IN WI SS WHEREOF, Aai 2000 this instrument is executed this d day of OWNER The Preserve at Pecan Creek, Ltd BY MARC A FO President of The Preserve at Pecan Creek, Ltd CITY OF DENTON, TEXAS WCHAEVW J6,-CWY MANAGER STATE OF TEXAS n COUNTY OF 11�u� This instrument was acknowledged 2000, by Marc A Footlik C City of Denton 215E McRLmey Denton, TX 76201 AM Paul Williamson before me on the �6 day of NOTARY PUBLIC IN ANE?YOR TEXAS Commission Expires (( �1 0-0d3 NOTARY PUBLIC $WE OF TEXAS KAMEEN CRAIG c VIA MyAppt Exp Nov 01, 4003 r RAt4N G 3TAll J3 iiTM 'A yea w w 1 EXHIBIT "A" PROPERTY DESCRIPTION All that certain tract or parcel of land situated in the County of Denton, and State of Texas, more particularly described as follows, to -wit Being about four miles southeast of Denton, a part of the Gideon Walter Survey, Abstract No 1330, described by metes and bounds as follows - BEGINNING at a point in the east line of a tract of land conveyed by J T Page and wife, 011ie M Page, to Mrs Hannah L Lake, by deed dated April 5, 1922, recorded in Vol, 177, page 368, Deed Records of Denton County, Texas, said point being at the intersection of the north line of U S Highway No 77 and the east line of said tract, about 33 vrs, north of its southeast corner, THENCE north 2 deg east along the east line of said tract, passing the nght-of- way of the M K & T R R Cc , 917 vrs , in all to the northeast corner of said Lake tract, THENCE north 88 deg west along the north line of said tract 850 vrs to the northeast corner of 8 33 acres heretofore sold by R Thurman and wife to W W Page, THENCE south 2 deg west 475 vrs , the southeast corner of said 8 33 acre tract, THENCE north 88 deg west 100 vrs to the southwest corner of said 8 33 acre tract in the west line of said tract conveyed to Mrs Hannah L Lake, THENCE south 2 deg west along the west line of said tract, crossing the M K & T R R in all 261 vrs to the north line of said Highway No 77, THENCE southeasterly along the north line of said Highway 1044 vrs , more or less to the place of beginning, containing 139 acres of land, more or less, excepting the nght-of-way of the M K & T R R Co and being the same land conveyed by Iva Lake, Guardian to J W Ward, by deed dated May 26, 1945 and recorded in Vol 315, page 272, Deed Records of Denton County, Texas EXHIBIT "B" EASEMENT C O P� THE STATE OF TEXAS, 5 5 KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON 5 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 EASEMENT 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, egress, 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. yr^ Witness my hand, this the 15 day of The Vfresergoanaq Pecan Creek, Ltd. By: Name: Y W4►ate k Title: THE STATE OF TEXAS 5 COUNTY OF DENTON § This ins day of _ NOTARYpUB— �IC'"y STATE OF TEXAS KATHLEEN CRAIG•SILVIA MY APPt Exp Nov 01, 2003 was ACKNOWLEDGMENT u 2000. I+- ged before me on this the i5 2000 by MAtzc- 4 ou 7l K. ary 4ublic, in and for thW State of Texas Commission Expires i t- I - 2 o o3 Accepted this the day of AU C-rLI S. , 2000 for the City of Denton, Texas (Resolution No. 91-073) BY: Paul Williamson EXHIBIT "A" 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-R005870A, 99-R0058706, 99-R0058707 and 99-R0058713 all recorded in the Real Property Records of Denton County, Texas (RPROCT) 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 ROW) at the southerlymost southwest corner of said called 410 507 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, RPRDCT, said point being the point of curvature of a circular curve to the left, having a radius 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 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 106 32 feet and having a chord that bears N 31'10'00' W, a distance of 10631 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, 49400 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 38059'25" W, traversing said called 410 507 acre tract, a distance of 486 68 feet to the POINT OF BEGINNING and containing 46,821 square feet or 1 075 acre of land NOTE BEARINGS ARE BASED VENTURE TRACT 2 IS NUMBER 95-ROO53704 TEXAS EOFi�< JOELS BARTON . 4914 t%FSS��' G � 4,0.4ZI ON THE EASTERLY LINE OF THE SHADY SHORES I-35 JOINT 14'38'30" W), RECORDED IN COUNTY CLERK'S DOCUMENT OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, �00DWINI �M HALL CIVIL ENGINEERS -PLANNERS -SURVEYORS Scale I NONE Sheel 1 of 2 Date IJUNE, 2000 Job No I 9652 Dr o f t e d I T. J M e001 ended Street, Sulte 100, Fort Wort, TOM 75112 Metro (S17) 429-4373 Checked i J S B I N 1� APPARENT LOCATION OF 2DENTONP TTEXASNHASHTHEI RIGHT TO CUT AND TRIM TREES TO THE EXTENT NECESSARY TO KEEP THEM CLEAR OF ELECTRIC LINE Vol 417, Pg 596, D R D C T s\ 05�330 1 The Preserve at Pecan Creek, Ltd C C D No 99-RO05B704, R P R D C T C C D No 99-R0056706. R P R D C T C C D No 99-R0058707, R P R D C T and C C D No 99-R0058713, R P R D C T s� T. 3' APPARENT LOCATION OF ` ` fO 00 ' EASEMENT FOR A WATTFA ITON PE LINE O� AND AN ELECTRIC TRANSMISSION LINE \ Vol 417, Pg 596, D R D C T "J `- C'o V�p% �vo/^/^ \♦ \ / 04 `\ 0 A= 02 °33 '07 R=2387.22' L=106.32 ' �� POINT OF T=53.17 ' /� BEGINNING CH BR=N 31 ' 10 '00 " W L Chd=106.31' SHADY SHORES ROAD (VARIABLE WIDTH R 0 W I R= 00 '22 R=2387 22' COMIV L=15.41' 2°rRF T=7 71 ' CH BR=N 29 °42'20" W Chd=15 41' �E OF to S�QP�,o�gfa q� JOELS BARTON A.p 4914 �q �fFSSID� p �'t'D.cllgv� �eG�/og o,,�..� GOODVMI liiURA L i CIVIL ENGINEERS - PLANNERS -SURVEYORS Scale I I' = 100' Sheet 2 of 2 Date 1 JUNE, 2000 Job No 1 9652 Drafted I T J M 6001 Bridge Street, Sub too, Fort Worth Tom 76112 Metro (817) 429.4373 Checked, J 5 B