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1998-078 ORDINANCE NO q~ -Oq _~ AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF THE SOUTHEAST CORNER OF STATE HIGHWAY LOOP 288 AND FM 426 (EAST MCKINNEY STR~,RT) AS IT PERTAINS TO LOT 1 AND 2, BLOCK A, PEBBLE BROOK ADDITION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 10~ day of June, 1947, Delbett T Cruze and Kuth Cruze granted to Brazes Paver Transnuss~on Electric CooperaUve, Lac ("Brazes") a right-of-way easement (the "Original Easement") for the construcUon, operation, and maintenance of an eleetnc transmassmn or d~smbuuon hne or system, upon a certain 65 5 acre tract of land being a pm of the M E P & P R R Co Survey Abstract No 927, whch ~s more particularly descnbed m the Ongmal Easement by metes and bounds and wbach Ongmal Easement was filed on October 24, 1949 and recorded thereafter at Volume 357, Page 51 of the Deed Records of Denton County, Texas, and WHEREAS, on the 6~ day of October, 1980, Brazes conveyed to the C~ty of Denton, all its right t~tlo, and mterast ~n and to the Original Easement, by Assignment Of Easements (the "Assignment"), wbach Assignment was recorded at Volume 1106, Page 78 of the Deed Records of Denton County, Texas, and WHEREAS, the C~ty of Denton ~s the lawful owner and holder of the Original Easement by v~rtue of the above-referenced assignment, and WHEREAS, One Pebble Brook, Ltd, wtuch has prehnunanly platted real property described as Lots 1 and 2, Block A, Pebble Brook Adchtaon, as more particularly descnbed m Exh;b~t "A" attached hereto and mcorporated here~nth by reference, which real property ~s sxtuated vatlun the 65 5 acre tract of land descnbed ~n the Ong~nal Easement, and WHEREAS, the C~ty of Denton has received a request for the vacataon and abandonment of that port,on of the Original Easement that covers the property described as Lots 1 and 2, Block A, Pebble Brook Afld~txon, which ~s more patt~cularly descnbed m Exbab~t "A" attached hereto, and WHEREAS, the Planmng & Zoning Comrmss~on of the C~ty of Demon, Texas re,hewed the requested vacation and abandonment, and recommended approval, and WHEREAS, the Council of the City of Denton Texas has deternuned that the port~on of the right-of-way easement being abandoned and vacated xs no longer needed for pubhc use, and WHEREAS, the fair market value of the right-of-way easement has been determined and received, as required by Section 272001 of the Texas Local Government Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the nght-of-way easement for Electnc Transtmss~on and D, stnbut~on Lines that covers the property described m Exl~blt "A", attached hereto and incorporated hemm by reference, is permanently abandoned, vacated and extmgmshed as a pubhc easement as ~t pertains to Lot 1 and 2, Block A, Pebble Brook Addmon to the C~ty of Denton, Denton County, Texas SECTION II That by reason of such vacation, the City of Denton's property interest m the vacated pomon of ~ud easement shall, by operation of law, revert to the owner or owners abutting the easoment herein abandoned, and the Ctty of Denton releases any and all drams to the use of the vacated pomon of smd real pmpexty as a pubhc easement SECTION III That tlus ordinance shall become effective anmedmely upon its passage and approval PASSED AND APPROVED tlus the jei.f~, dayof [~t~c_~ ,1998 ATTEST JENNIFER WALTERS, CITY SECRETARY lgwAs HERBERT L PROUTY, CITY ATTORNEY PAGE2 EXHIBIT "A" $5 715 ACRES FIELD NOTES to all that cadeln tm~t of ,him situated In the M E P & P Ratlmed Company Survey, Abstract Number 927 in the City end County of Denton, Texan end being ell of the ca]led 35 7299 ~ tra~ das~lb~l in the deed from seuthem Unido Company to Craig Irvdn and Dele Utvhl recelded under Clerlfe File Number 95-R0056863 of the Real Property Records, Denton County Texas, the cuNect treat being more pafficuiddy das~tbed as toitows BEGINNING Utr the NoAheast Comer of the treat being de~Ahed homln at e 1/2' Iron red found for the NoAheast Comer of ~aid 35 7299 anra trent and the Norlfoveat Comer of Lot 1 Mertino A~IIUOn an aedlflon in said C;ty according tO the Plat thereof, recufdnd In Cabinet B Page 71 of t~e Plat Re~orde, Denton County, Texas and being In the monumantod 8oath fica of Eaat McKInney ~traat also known as F M Highway 426 THENCE South 01 Degrees 46 Minutes 00 seconds West with the monumeate(l East line of said 36 7299 acres at 639 3 fast (plat can 933 87 feet) po~lng 4 6 feet West of a 1/2' Iron rod found for the monumented ~outhwest Comer of said Lot land cuotlnulng along cuid ~cume, atong and near the remains of an old fenco, In afl e total distance of 1320 00 feet th the Southeast Comer of cuid 36 72~ a<~as In the robie of Pecan Creek, THEN~;E in a general WeateW dimcllon v~h the South line of said 36 7299 acres with the meanders of said creek the folidv~ng 7 ceuraea end ut~anoas, I ) South 7Q Degrees 55 Minutes 39 secemN Went a dlMnnce of 112 79 feet 2 ) No~h M Degrees 0~ MInates 51 se~Js Went e distance of 94 49 feat 3 ) 8octh 64 Degrees 43 Minutes 49 Socond~ West a d~an~e of 129 41 feet, 4 ) North ~0 Dagreen 29 Minatas 59 Seconds West e distance of t17 54 feat 5 ) 8Goth ~6 Degrees 54 Minutes 35 se~'nda West e d atanca of t38 37 feet 6 ) North 99 Degrees 29 Minutes 92 seconds West e dlsten;e of 470 47 feet 7 ) 8oath 73 Dagmes 32 Mlnatas 23 Seconds West a dbtence of 391 17 feet to the Southwest Comer of said 35 7299 acre tract In the F. Aat line of LOOp 288, THENCE NOAh 01 Degrees 12 Minutes 32 secunds East with MM East line and the West line of said 39 7299 ac~s at a distance of 2it3 69 feat pa~lng the mkMid of · celled 26 foot wfde sanltep/sewer easement dmmrtbnd in the deed to the City of Denton, recorded In Volume 48~ Pnge 219 Deed Records end continuing ato~g said courae in all s total dlstonca of 353 39 feat to a ~ ~gM,.of-way post for an angle point In said llne THENCE NOAh 00 Degrees 40 Mlnutsa 32 ~ Wast continuing atong said fine e dlManco of 260 48 feet to e 1/2" Iron md found for the most Wastedy NoAhw~t Comer of saki 35 7299 acm trac~ end the seuthwest Comer of the called 9 917 acre tract de~Ahed In the deed to Dana J Beavers recorded In Volume 3373 Page 10 Real Property Records. THENCE North 87 Dagraas 21 Minutes 59 seoon<le East e dlatanca of 5 07 feet to a 5/8' iron md found for an angle point in the West line of said Instn treat being the baglnnlng of e curve to the left, having e radios of 450 00 feel 6ToHENCE In a Noltbeeaterty dlra~iott aiollg th~ om Of MM curve, being Ute pl~ Nortbedy rtgM-of..vAty line of a font collectof atraof, an arc distance of 471 14 feet (chord bearing of NoAh 61 Degrees 15 Mlnntas 44 Seconds East a diato,ce Of 449 92 fe~) to e 5/8* Iron md found for the end of sam curve iTmHnE~fouN=~.;nl~ga~l~M~ln~: fl~e,se~x~, ,. curdln~lng along .id line. cl..nDe of 364 30 feet to, 5/8' THENCE Nofut 31 Degmea 01 Mlnotes 41' sever, da East cungnulng again along said line e utatenco of 433 62 feet to a I/2' Iron r~l found for Ute seuthe~t Come~ of the J B Ado'Non en addition In said C~ according to the Plat thereof, re<~ot<led In ColOnel D Page 191, Plat RecurS, ::.???.; ,-., Ut. E..,, .in. of , itto..nd th. w...y .in. ..,...,,,. ,~..l~e m '~t,} =,~ ~eof Ut a 1/Z' I~n rnd fcund fox the Nofutwe~ Comm' of said Irwin tract and the NoAheait COmer of ~ ~ldlitcu In the seoth kna of eslcl East M~Jnney 8tra~, THENCE south'62 D~lmel ~ Mlmftcu 4~ se~mdl scat v~ut Ute snout line of said Gtreot and the NoAh #ne of said 35 7200 a~ treat a (J~4m~ee of 469 3f font fo e cel~ ima m~l esl near a vrood of a carve to the left, having e ~ of 131g 80 feel ~ht-of-wly ~ for the beginning THENCE alQng the ero of said cu~e atong asld ~reof en am dlatance of 125 41 feet (chord benllng South 65 aDe;cr~o~loa~,~.atas O~ secenda E~t e ut~ce of 125 3~ feet) to the PLACE OF BEGINNIN(~ and onc.'~ng 35 7tS These Fidtd Notes wAh the accompanying skat~ were pmbemd from an on-the-ground survey made under my direction and aupofv~lon on November 12 1997 Them ara no vl~bid or apparent Intmslcoe, protm~ons or easementn excap~ as sttown NOTE Only the follow~ng essementa ;uppited to ma have been ~vlewed and era eddrassa<l aa foflows Vol 485 Page 219 26' w~e cunitar/~ver eeasmeat to t~e ¢~ of Denton, e.1fents as chown Vol 357 Pg 51 ~enkat type to Brazos RNer Transml~on Eidc~io Coop ,~oe; anent Utl~ tract, however no vlsit~le sign of transmlsston fine crosses this tract FLOOD STATEMENT I have examined the F E Id A Flood Icauranco Rate Map for the C~ o! Denton Community No 480'194 effect;ye date August 4, 1987 and that map Indlcatas that e po~idn of this trac~ ;s within an idenflfle<~ flood zone (zone AE) as shavm on Panels 1OD end 20D of said map end as ind]cat ed hereon PAGE 1 OF 3 ORIOLE HUMMINGBIRD Existing Power Line Easement Corridor SITE MORSE 3OF 3 Nu63 uIUNu CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS 0~46~ COUNTY OF DENTON CITY OF DENTON I, the undersagned City Secretary of the C~ty of Denton, Texas, (the "C~ty") DO HEREBY CERTIFY that according to the records of the City of wtuch I am custodmn, that the attached is a ~llle and accurate copy of Or&nance No 98-078 as approved by the C~ty of Denton City Council on March 17, 1998 TO CERTIFY WHICH, witness my official signature and the seal of smd City, tins the 2nd day of April, 1998 ' /' x CI~SECRE~ARY - ~ i~ ~ / CI..t~OF DENTON, TEXAS Ub3 gtO J ORDINANCE NO ~ AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF THE SOUTHEAST CORNER OF STATE HIGHWAY LOOP 288 AND FM 426 (EAST MCKINNEY STREET) AS IT PERTAINS TO LOT 1 AND 2, BLOCK A, PEBBLE BROOK ADDITION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 10t~ day of Sune, 1947, Delbert T Craze and Ruth Craze granted to Brazes ~ver Transrmss~on Elecme Cooperauve, Inc ("Brazes") a nght-of-way easement (the "Ongmal Easement") for the eonstrucuon, operation, and maintenance of an electric transwassion or dismbuuon line or system, upon a certain 65 5 acre tract of land bemg a pm of the M E P & P R.R Co Survey Abstract No 927, which is more pamcularly dasenbed m the Ongmal Easement by metes and bounds and which Original Easement was filed on October 24, 1949 and recorded thereafter at Volume 357, Page 51 of the Deed Records of Denton County, Texas, and WHEREAS, on the 6a' day of October, 1980, Brazes conveyed to the City of Denton, all its right title, and mterest m and to the Original Easement, by Assignment Of Easements (the "Asslgnmanf'), which Assignment was recorded at Volume ll06, Page 78 oftha Deed Records of Denton County, Texas, and WHEREAS, the City of Denton is the lawful owner and holder of the Ongmal Easement by va'rue of the above-referenced assignment, and WHEREAS, One Pebble Brook, Ltd, which has prehnunanly platted real property descnbed as Lots 1 and 2, Block A, Pebble Brook Addmon, as more particularly described m Exhibit "A" attached hereto and mcorporated herevath by reference, which rea] property is situated w~thm the 65 5 acre tract of land described m the Ongmal Easement, and WHEREAS, the City of Denton has received a request for the vacation and abandomnent of that portion of the Original Easement that covers the property descnbed as Lots 1 and 2, Block A, Pebble Brook Addition, which is more particularly descnbed m Extublt "A' attached hereto, and WHEREAS, the Planning & Zoning Commassion of the City of Denton, Texas rewewed the requested vacation and abandonment, and recommended approval, and WHEREAS, the Council of the City of Denton Texas has determined that the porUon of the right-of-way easement being abandoned and vacated is no longer needed for pubhc use, and WHEREAS, the fmr market value of the nght-of-way easement has been detemuned and received, as required by Section 272001 of the Texas Local Government Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the nght-of-way easement for Electric Transnusslon and D~stnbuUon Lines that covers the property descnbed tn Exinint "A", attached hereto and incorporated hereto by reference, is permanently abandoned, vacated and extinguished as a pubhc easement as it pertains to Lot 1 and 2, Block A, Pebble Brook Addition to the C~ty of Denton, Denton County, Texas SECTION II That by reason of such vacaUon, the City of Dentoffs property interest m the vacated portmn of smd easement shall, by operation of law, revert to the owner or owners abutting the easement harem abandoned, and the City of Denton releases any and all clmms to the use of the vacated ~omon of smd real property as a pubhc easement SECTION I11 That tins ordinance shall become effective m~mediately upon its passage and approval PASSED AND APPROVED tins the ~ day of ~/~c.~ .1998 ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE2 FIELD NOTES to all Ihat oeflaln tm~ of lend altuatnd In the M E P & P Rallm~ Com~w 8uwey A~m~ Num~ 927 In the C~y aM CouNy of DeNon Texas a~ ~1~ all of ~e MII~ 35 ~ ~ t~ ~ In the ~ ~m Southern Union Com~ to Cm~ I~n a~ Dole I~fl ~ u~r CI~s FI~ Num~ 9~R~5~3 of [~ Real Pm~ RemUs, DeNon COUp, Te~ the ~e~ tm~ ~1~ mom ~ffi~laW d~ al ~ BEGINNING f~ ~e N~hea~ Comer ~ the tm~ ~ d~ heroin ~ a 1~ Iron ~ ~u~ for the N~ea~ Comer ~ ~ ~5 72~ a~ tm~ aM the No~a Co~r of L~ 1 Ma~ln0 ~lflon a~ ~l~ In ~ C~ a~l~ to the PI~ Ihe~f ~ In Ca~ B P~e 71 of ~e PI~ R~NS ~N~ Cou~y Te~s a~ ~1~ In the monume~ ~ line of E~ ~nney ~ al~ ~ ~ F M H~y 4~, ~ENCE 80~h 01 D~ 45 MIn~ ~ 8e~s W~ ~h 1~ monume~ E~ line of ~ 35 7299 a~s 639 ~ f~ (~t ~116~ 87 fe~) ~ 4 5 f~ We~ of a 1~" iron ~ fou~ for the monument~ ~a ~mer of ~ L~ 1 a~ ~ndnul~ al~ ~ ~, ~ a~ near ~e remains of an o~ fanta, in ~fi, a t~al di~a~ of f ~0 ~ t~ to the 8o~he.~ ~mer of ~ 35 7~ ~ In the m~le of P~n C~k ~ENCE In a general W~e~ dlm~lon ~ ~ ~h line of M~ 35 7~ ~a ~ the mea~em of ~ ~ek t~ I ) So~h 76 D~ 55 MIn~ 39 8~ W~ a dl~an~ of 112 78 f~ 4 ) No~h ~ D~ ~6 MIn~ 85 ~ W~ a dl~an~ ~ 117 ~ fe~ 5 ) SO~hl~ ~ ~ Mln~es 38 ~1 W~ a dl~n~ of 138 37 f~ 6 ) No~h 89 ~ ~ MIn~es 52 ~ ~ a dl~n~ of 470 47 fe~, 7 ) so~h 73 ~ ~ MIn~ 23 ~ ~ a ~an~ of ~1 17 fe~ to the So~ Comer of ~ 35 72~ a~ tm~ In the E~ I1~ of ~ m a dlaa~ of 283 6e f~ ~ ~e m~ ~ a ~11~ ~ f~ ~ Mn~a~ ~r e~ d~ In the a Iotal dIKenM of ~5~ ~9 fM to a ~ ~N~f~y ~ for an B~M ~1~ ~ M~ I~ THENCE N~h ~ ~ 40 MIn~ 32 ~ WO~ ~ntinul~ alo~ M~ line a d~ of ~ M f~ to Iron ~ fouM f~ the mo~ WMedy N~ ~er ~ ~ ~S 7~ ~ t~ e~ ~e ~ Comer of the ~11~ 9 ~17 a~ ~ d~ ~ the ~ t0 Dana J Be~em ~m~ In VMume ~73 P~e I0 Real ~ENCE ~ 28 ~ 57 ~ 25 ~ ~ ~ the E~eW I~e of ~ ~ ~ the W~e~y line ~ENCE al~ ~ am of M~ m~ ~ ~ ~ an am ~aa~ of 12541 f~ (~ ~a~ ~h ~ 07 ~ M ~a E~ a e~ of 125 ~ ~) to Ihe P~CE OF BEGINNI~ ~ e~ ~ 116 a~s of la~ dlr~ a~ au~ on ~em~r 12 1~7 ~ em no vlNble or a~mN I~a, ~t~ns or NOTE ONy the f~l~ ~me~ eu~l~ to me hwe ~en ~1~ a~ am ~ ~ fofl~ V~ ~5 P~e 219 ~' ~e ~ ~ e~ to ~e C~ ~ ~ eff~e as ~ Vol ~7 ~ 51 ~ank~ ~ to R~er Tmn~ EI~ C~ d~ affe~ ~ t~, h~er no visine ~n o~ ~ One ~ ~ FLeD 8TA~, I have examln~ lhe F E M A F~ Insumn~ R~e Map for the C~ of DeNon Co~unfly No 4M1~ e~e ~e A~u~ 4 1M1 a~ the map I~l~ that a ~lon ~ ~ t~ Is ~hln an ~enti~ fl~ z~e,(zone A~ ~ ~ ~ Pane~ t~ a~ ~ of M~ map e~ as t~l~ LT W/CAP POST PAGE I O~ PAGE 2 OF 3 HUMMINGBIRD Ex,sting Power Line Eosemenf Corridor SITE MORSE 30F3 APR 0 2 1998 F~led for Recor~ ~ 60U~IY, 1X DLNTO , . y C~ ~ RK Do,/Rum : 9B-R00~S46~ OR Doc/T)<pe : kecordin4: 15 00 Doc/M~mt ' kecelpt ~: 118B7