2010-252s:llegal\our documents\ordinances110\agreement amendment ordinance - teasley lane joint use driveway cod_disd_teasley commons ltd.doc
ORDINANCE NO. 2010-252
AN ORDINANCE APPROVING AN AMENDMENT TO THE EASEMENT AGREEMENT
FOR JOINT DRIVEWAY ACCESS BY AND BETWEEN THE CITY OF DENTON,
DENTON INDEPENDENT SCHOOL DISTRICT AND TEASLEY COMMONS, LTD.
RELATED TO THE APPROPRIATION OF ADDITIONAL EASEMENT AREA FOR
DRIVEWAY WIDENING PURPOSES; AND PROVIDING AN EFFECTIVE DATE. (SOUTH
BRANCH LIBRARY, FIRE STATION NO. 6, AND SAM HOUSTON ELEMENTARY BUS
LOOP - 3200 BLOCK TEASLEY LANE)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Amendment to Easement Agreement No. 1, by and between the City of Denton, Denton
Independent School District and Teasley Commons, Ltd. amending the Easement Agreement by
and between the City of Denton, Denton Independent School District and Nations Bank of
Texas, N.A., Ordinance 1993-146, (Teasley Commons, Ltd. now being successor in title and
interests to all those certain tracts of land formerly owned by Nations Bank of Texas, N.A.), in
substantially the form of the agreement which is attached to and made a part of this ordinance for
all purposes, for the objective of widening the access driveway paving improvements, Teasley
Lane connection.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 54i day of '2010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 1A NIA M-,)
APPR ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
ed
BY: (C/--,
AMENDMENT TO EASEMENT AGREEMENT No. 1
STATE OF TEXAS §
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
This Amendment to Easement Agreement No. 1, is executed effective 61~ J-/.- ,
2010, by and between Teasley Commons, Ltd. (hereinafter referred to as "TCL"), the City of
Denton, Texas, a Texas home rule municipal corporation (hereinafter referred to as "CITY"), and
the Denton Independent School District, an independent school district and political subdivision of
the State of Texas (hereinafter referred to as the "DISD"), to wit:
WITNESSETH
WHEREAS, Nations Bank of Texas, N.A., CITY and DISD did on or about August 17,1993
enter into an Easement Agreement (hereinafter referred to as the "AGREEMENT") for the purpose
of a perpetual and non-exclusive easement for joint driveway access for the benefit of the parties
therein, as more particularly described in and as evidenced by the recordation of the AGREEMENT
under Clerk's File Number 93-R0058368, Real Property Records, Denton County, Texas; and
WHEREAS, there is a current initiative to provide for access driveway approach
improvements at the connection of the easement granted in the Agreement to Teasley Lane (F.M.
2181) that necessitates the granting of additional easement area; and
WHEREAS, TCL is successor in title and interest to all those certain tracts of land, formerly
owned by Nations Bank of Texas, N.A., being more particularly described in the conveyance to
Teasley Commons, Ltd. by Special Warranty Deed recorded in Volume 5320, Page 02275, Real
Property Records, Denton County, Texas; and
WHEREAS, TCL, as successor in title and interest to Nations Bank of Texas, N.A., is
subject to and bound by the terms of the AGREEMENT as if an original party; and
WHEREAS, TCL, CITY and DISD desire to amend the AGREEMENT as set forth herein.
NOW, THEREFORE, in consideration of One Dollar ($1.0) and other good and valuable
consideration, including the mutual promises contained herein, the receipt and sufficiency of which
is acknowledged by all parties hereto, TCL, CITY and DISD do hereby agree as follows:
1. That, in addition to the easement tract described in Exhibit "D" in the AGREEMENT,
and being referred to therein as "Easement Tract", the land described and depicted in Exhibit
"D-1", attached hereto and made a part hereof for all purposes, is hereby annexed into the
AGREEMENT for all purposes and intents and shall hereinafter constitute, together with the
lands described in said Exhibit "D" to the Agreement, the "Easement Tract" for all purposes
of the Agreement.
2. In addition to the lands included within the "Access Drive", as described in Section 3 of
the AGREEMENT, the Access Drive shall also include the lands described and depicted in
Exhibit "D-1 attached hereto and made a part hereof for all purposes, and the Access Drive
shall hereafter constitute, together with the lands described in Section 3 of the
AGREEMENT, the "Access Drive" for all purposes of the AGREEMENT.
3. The Easement Tract and Access Drive, as amended hereby, shall be subject to all terms,
conditions and provisions of the AGREEMENT, as if originally included therein.
4. Except as expressly amended hereby, the AGREEMENT shall be and remain effective as
originally provided. TCL, CITY and DISD do hereby ratify, adopt, and confirm the
AGREEMENT, as amended hereby, and stipulate that same is in full force and effect, and
agree to be bound thereby. This agreement may be signed by each party in any number of
counterparts, all of which taken together shall constitute one and the same agreement.
Dated to be effective as set forth above.
CITY OF DENTON, TEXAS
By
eo Campbell,
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 01 0 -fi-9 .1
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on r1-(~, 2010, by
George C, Campbell, City Manager of the City of Denton, Texas, on behalf of the City of
Denton, Texas.
GIVEN under my hand and seal of office this -77`v_ day of 5A~-o
JENNIFER K. WALTERS
Notary Public, State of Texas
Kqy Commission Expires
December 19, L
N Public to 6fT a s
S
Notary's Printed Name
My Commission Expires: j b
DENTON INDEPENDENT SCHOOL DISTRICT
r
By '
im Alexander, President
Board of Trustees
ATTEST:
G'
Glenna G. Harris, S cretary
Board of Trustees
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me or,,: PO,. 2010, by Jim
Alexander, President of the Board of Trustees of the Denton Independent School District, on
behalf of said school district.
GIVEN under my hand and seal of office this oZ~~ day of , 2010.
41
,ti;~YP'v'so, KIMBERLEY E. STEVENSON
Notary Public, State of Texas
My Commission Expires
°•;',;,~4:~~ July 26, 2011
By
o Publi , State of Texas
Notary's Printed Name
My Commission Expires:
TEASLEY COMMONS, LTD.
BY: KEY RETAIL, INC., GENERAL PARTNER
Kent Key, President
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2010 by Kent
Key, President of Key Retail, Inc., General Partner of Teasley Commons, Ltd., on behalf of said
limited partnership.
GIVEN under my hand and seal of office this day of 12010.
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
A rthur Surveying Co., Inc .
p ofessional. zmd Sm-veyrors
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
EXHIBIT D-1
EASEMENT TRACT
0.065 ACRE
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the C. Poullalier Survey, Abstract Number
1006, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by
deed to Teasley Commons, Ltd., recorded in Volume 5320, Page 2275 of the Real Property Records of
Denton County, Texas, and being more particularly described as follows:
BEGINNING at a %2 inch iron rod with a yellow cap stamped `ARTHUR SURVEYING COMPANY" set
for corner for the northeast corner of an easement to the City of Denton, recorded under County Clerk's
File Number 93 80058368 of the Real Property Records of Denton County, Texas and being in the east
line of said Teasley Commons Ltd. tract, from which the southeast corner thereof bears South 01 degrees
21 minutes 05 seconds East, a distance of 40.13 feet, said beginning point being in the west line of Teasley
Lane, also known as F.M. 2181, a public roadway;
THENCE over, through and across said Teasley Commons tract the following four (4) calls;
South 88 degrees 31 minutes 22 seconds West, continuing with the north line of said easement to
the City of Denton, a distance of 240.54 feet to a Vz inch iron rod with a yellow cap stamped
`ARTHUR SURVEYING COMPANY" set for corner,
North 82 degrees 44 minutes 31 seconds East, a distance of 187.88 feet to a''/2 inch iron rod with a
yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner,
North 88 degrees 18 minutes 34 seconds East, a distance of 40.24 feet to a'/z inch iron rod with a
yellow cap stamped "ARTHUR SURVEYING COMPANY" set for comer,
North 67 degrees 54 minutes 24 seconds East, a distance of 13.97 feet to a'/2. inch iron rod with a
yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner in the west line of said
Teasley Lane said point being the beginning of a non-tangent curve to the right having a radius of
671.77 feet,
THENCE continuing with said Teasley Lane and said curve to the right an arc length of 21.79 feet,
through a delta angle of 01 degree 51 minutes 32 seconds, whose chordbears South 02 degrees 17 minutes
09 seconds East, a distance of 21.79 feet to a %2 inch iron rod with a yellow cap stamped `ARTHUR
SURVEYING COMPANY" set for corner,
THENCE South o i degree 21 minutes 05 seconds East, continuing with the west line of said Teasley Lane,
a distance of 2.20 feet to the POINT OF BEGINNING, and containing 0.065 acre of land, more or less.
Sheet 1 of 2
z:120061cod1swffi bmeh library-100095451.1365.40100\dwg1100708row ded.doc
NORTH
40 0 40 Feet
Lot 2, Block A t
Teasley Commons, Phase II I A
Cabinet V, Page 816
Z
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LINE TABLE
LINE
BEARING
LENGTH
L1
N6754'24"E
13.97'
L2
507-2105"E
2.20'
L3
N0128'38"W
10.00'
L4
58831'14"
17.50'
CURVE TABLE
CURVE
RADIUS
LENGTH
DELTA
CHD SRG
CHORD
C1
6 .77'
21.7 '
01'51'3 "
502 17'09"
E
2 .79'
C2
67 .77'
.66'
04'55'05"
05 4027"
57.64'
Teasley Commons, Ltd.
Volume 5320, Page 2275
(Remainder)
TEMPORARY
DRAINAGE EASEMENT EASEMENT TRACT
INST. NO. 2004-111117 0.065 ACRE-
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'X"FND
Joint Access Drivewayy Easement
CC #93-R0058368
1,;FI.RF - 588'32'12"W 492.58' - -
(C.M.)
Lot A, Block One
R.N.W. Addition
Cabinet H, Page 338
EXHIBIT D-I
EASEMENT TRACT
0.065 Acre in the
C. Poullalier Survey, Abst. No. 1006
City of Denton
Denton County, Texas
-2010-
SHEET 2 OF 2
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Arthur Surveying Co., Inc.
Professional Land Surveyors
972-221-94-99 - Pas 972 221-4675
220Eka Sftwt, Suite 200 - P.O. Box 54
Lawisville, Taws 75067
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