2014-017ORDINANCE NO. 2014 -017
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
AN ACCESS EASEMENT (THE "ORIGINAL EASEMENT "), GRANTED BY WESTPARK
GROUP, LP, TO THE CITY OF DENTON, TEXAS, PURSUANT TO THAT CERTAIN
ORIGINAL EASEMENT, DATED DECEMBER 29, 2006, AND RECORDED AS
DOCUMENT NUMBER 2007 - 20897, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, SAID ORIGINAL EASEMENT ENCUMBERING 3.874 ACRES OF LAND
LOCATED IN THE JAMES PERRY SURVEY, ABSTRACT NO. 1040, DENTON COUNTY,
TEXAS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
AN ALTERNATIVE ACCESS EASEMENT (HEREIN SO CALLED), AS ATTACHED
HERETO AND MADE A PART HEREOF AS EXHIBIT "A ", BY AND BETWEEN THE
CITY OF DENTON (THE "GRANTEE "), AND WESTPARK GROUP, LP, A TEXAS
LIMITED PARTNERSHIP (THE "GRANTOR "), CONTEMPLATING THE GRANT BY
GRANTOR AND ACCEPTANCE BY GRANTEE OF AN ALTERNATIVE ACCESS
EASEMENT ENCUMBERING A 4.1880 ACRE TRACT OF LAND, MORE OR LESS, FOR
THE PURCHASE PRICE OF TEN AND NO /100 DOLLARS ($10.00), SAID ALTERNATIVE
ACCESS EASEMENT GENERALLY LOCATED EAST OF WESTERN BOULEVARD AND
SOUTH OF JIM CHRISTAL ROAD, AND LOCATED IN THE JOHN BACON SURVEY,
ABSTRACT NO. 1541, AND THE JAMES PERRY SURVEY, ABSTRACT NO. 1040,
DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Westpark Group, LP, a Texas Limited Partnership is the underlying fee
simple owner of lands encumbered by the Original Easement;
WHEREAS, the Owner, pursuant to the terms embodied in an Exchange and Purchase
Agreement approved under Ordinance 2006 -352, has requested the City of Denton to abandon
the Original Easement;
WHEREAS, staff has reviewed the requested abandonment by Owner of the Original
Easement, as provided above, and has recommended approval of such abandonment; and
WHEREAS, an Alternative Access Easement has been delivered by Owner to City;
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to abandon the Original Easement; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in this ordinance are incorporated
herein by reference the same as if fully set forth in this Section 1.
CTION 2. The Original Easement is hereby permanently abandoned and, subject to
the reservations set forth in this ordinance, all of the City's right, title and interest in the Original
Easement, as abandoned herein, is hereby released to the Owner. A certified copy of this
ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence
this abandonment and release.
SECTION 3. Notwithstanding anything to the contrary contained in this ordinance, the
City of Denton hereby retains and reserves any and all easements, rights of way and any other
rights or interests, other than the Original Easement, whether acquired, obtained, owned or
claimed by the City of Denton or public, by, through or under conveyance, dedication by plat or
other express dedication, implied dedication, prescription, or by any other manner or means, in
or to lands in which the Original Easement may cover, encumber, include cross or overlap.
SECTION 4. The City Manager, or his designee, is hereby authorized to accept the
Alternative Access Easement, by and between the City of Denton, as Grantee and Westpark
Group, LP, as Grantor, in the form attached hereto and made a part hereof as Exhibit "A", with a
purchase price of $10.00.
SECTION 5. The City Manager is hereby authorized to make expenditures as set forth
in the Alternative Access Easement.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the „ day of "� i�� , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: tb
AP1'Rr h4) AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2
GHS, MAYOR
ALTERNATIVE ACCESS EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, WESTPARK GROUP, LP (the "GRANTOR ") for and in consideration of Ten
Dollars ($ 10.00), and other good and valuable consideration, to GRANTOR in hand paid by the
CITY OF DENTON, a municipal corporation, which is located in Denton County, Texas, and
whose mailing address is 215 E. McKinney, Denton, Texas 76201 ( "GRANTEE ") has granted,
sold and conveyed and by these presents does grant, sell and convey unto GRANTEE an
access easement (the "ACCESS EASEMENT ") in, over, under, through, across and along all
that certain lot, tract, or parcel of land situated in Denton County, Texas, and more particularly
described in Exhibit "A" and illustrated in Exhibit "B ", both attached hereto and incorporated
into this document by reference (the "EASEMENT PROPERTY ").
It is agreed that GRANTEE shall have the right to remove from the EASEMENT
PROPERTY such fences, buildings and other obstructions as may now be found upon said
EASEMENT PROPERTY for the purpose of access in, along, upon and across said premises.
GRANTEE, its agents, employees, workmen and representatives shall have ingress, egress,
and regress in, along, upon and across said premises for the purpose of access including the
right, but not the obligation, to establish and maintain road improvements ancillary to passage
(collectively, the "PERMITTED USES "). This ACCESS EASEMENT grant is specifically
provided as means of access to the 6.889 acre tract conveyed to GRANTEE by the instrument
recorded in the Real Property Records of Denton County, Texas as Document No. 2007 - 20896.
GRANTEE shall have no right to fence or enclose such EASEMENT PROPERTY or to use it for
any purpose other than the PERMITTED USES set forth above.
GRANTOR and GRANTEE acknowledge and agree that this grant of ACCESS
EASEMENT is being provided by GRANTOR as an Alternative Access Tract to the 6.889 acre
electric substation tract, in a location acceptable to GRANTEE. GRANTOR AND GRANTEE
further agree that this ACCESS EASEMENT hereby replaces for all purposes the access
easement and all rights granted to GRANTEE by that certain easement instrument recorded in
the Real Property Records of Denton County, Texas as Document No. 2007 -20897 (that record
instrument, the "ORIGINAL EASEMENT "). GRANTOR and GRANTEE further agree that this
ACCESS EASEMENT is evidence of the parties' intent to release, abandon and terminate for all
purposes the ORIGINAL EASEMENT, and GRANTEE does hereby expressly terminate, release
and abandon for all purposes all of GRANTEE'S rights and interests in and to the ORIGINAL
EASEMENT, such termination, release and abandonment becoming effective three years from
Alternative Access Easement
1 of 4
the Effective Date hereof ( "FUTURE RELEASE DATE "). GRANTOR and GRANTEE agree that
the foregoing paragraph should be construed to allow for GRANTEE's continued use of the land
encumbered by that ORIGINAL EASEMENT until the FUTURE RELEASE DATE, but all rights
under the ORIGINAL EASEMENT shall automatically and absolutely cease and become void
and of no further effect on the FUTURE RELEASE DATE, without the need for any further
acknowledgment, written confirmation, recorded document or other act or instrument.
GRANTOR, for itself and its successors and assigns, expressly reserves the right to
occupy and use the above described EASEMENT PROPERTY for all other purposes that will
not materially interfere with the GRANTEE'S full enjoyment of the PERMITTED USES and its
exercise of its rights hereunder, including (i) the right of passage over the EASEMENT
PROPERTY, and (ii) the right, but not the obligation, to erect or maintain fencing along either
side of the EASEMENT PROPERTY, (iii) the right to erect and maintain gates and associated
fencing not more than 8 feet high across such EASEMENT PROPERTY, provided that gates or
openings 12 feet wide or more are installed therein (collectively, "GRANTOR FACILITIES "), to
provide GRANTEE reasonable access to all parts of such EASEMENT PROPERTY.
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or remove
trees and shrubbery on the EASEMENT PROPERTY to the extent necessary, in the reasonable
judgment of GRANTEE, to prevent possible interference with the PERMITTED USES or to
remove possible hazards thereto, together with the right to put gates in existing fences within
such EASEMENT PROPERTY; provided further that GRANTEE shall promptly remove from the
EASEMENT PROPERTY tree limbs, cuttings and other debris resulting from GRANTEE'S
operations or occupancy of the EASEMENT PROPERTY pursuant to its rights under this
EASEMENT. The ACCESS EASEMENT as provided for herein is made on an "AS IS" basis,
and GRANTEE expressly acknowledges that, in consideration of the agreements of GRANTOR
herein, GRANTOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, OR ARISING BY OPERATION OF LAW as to the condition or suitability of the
EASEMENT PROPERTY for GRANTEE'S PERMITTED USES hereunder.
GRANTOR and GRANTEE acknowledge and agree that at the execution date hereof
building structures do not exist on the EASEMENT PROPERTY. GRANTEE shall have the right
to prevent the construction of future buildings, structures, signs and obstructions on the
EASEMENT PROPERTY, and if any such buildings, structures, signs or obstructions are
hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY
without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the
same and GRANTOR agrees to pay to GRANTEE the reasonable actual cost of such removal.
The payment of consideration herein made includes any damage or loss to crops
sustained in the future by GRANTOR resulting from the GRANTEE'S PERMITTED USES in
accordance with the terms of the EASEMENT.
The EASEMENT shall constitute a covenant running with the land for the benefit of
GRANTEE, its successors and assigns. The rights hereby granted may not be assigned, either
in whole or in part, without GRANTOR'S prior written consent, which consent shall not be
unreasonably withheld.
Alternative Access Easement
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In the event that GRANTOR provides and or facilitates an Alternative Access Tract to
the 6.889 acre electric substation tract through other lands, in a location acceptable to
GRANTEE, then GRANTEE, at GRANTEE'S sole cost and expense, shall petition for the
abandonment of the EASEMENT contemplated herein and substitute the Alternative Access
Tract within the body of the grant herein, such substitution shall not be unreasonably withheld.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof, by, through, or under GRANTOR, and
not otherwise, subject, however, to the rights of the owner or owners of any existing easements
or other encumbrances affecting the EASEMENT PROPERTY herein described.
WITNESS THE EXECUTION HEREOF as the mm day of January, 2014 ( "Effective
Date ").
GRANTOR:
WESTPARK GROUP, LP, a Texas limited partnership
By: Westpark Group GP, LLC, a Texas limited liability company,
its general partner
By: The Rayzor Company, a Texas corporation,
its sole meal er
By:
Philip A. ker, Vice President
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of December, 2013 by Philip
A. Baker, Vice President of the Rayzor Company, a Texas corporation, sole member of the
Westpark Group GP, LLC, a Texas limited liability company, the general partner of Westpark
Group, LP, a Texas limited partnership, on behalf of said limited partnership.
��z ` I
� d
DEANNA MCCLE8K
" Y COMMISSION EXPIRES
March 18,204
"1'1 110 Notary Public, State of Tees
Alternative Access Easement
3 of 4
BY ITS EXECUTION HEREOF GRANTEE HEREBY ACCEPTS THIS ALTERNATIVE
ACCESS EASEMENT AND EXPRESSLY RELEASES, ABANDONS AND TERMINATES ITS
INTEREST IN AND TO THE ORIGINAL EASEMENT, PURSUANT TO THE TERMS HEREIN:
Accepted this day of January 2014 for the City of Denton, Texas (Ordinance No.
- o.._� ..........)
CITY OF DENTON, TEXAS
.mmP..
GEORGE t. CAMPBELL,
Ci , anager
Date "2014
ATTEST:
JENNIFER WALTERS, City Secretary
By:
Date:
APPROVED AS TO LEGAL FORM.:
ANITA BURGESS, City Attorney
By:
Date: 2014
Alternative Access Easement
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EXHIBIT "A"
DESCRIPTION OF THE EASEMENT PROPERTY
Alternative Access Easement
EXHIBIT "A"
Access Easement for DME to Wells Subdivision
DESCRIPTION OF ACCESS EASEMENT
SITUATED in the City of Denton, Denton County, Texas, and being a strip of land across parts of LOTS 3
and 13, in BLOCK A, WESTPARK ADDITION, Phase 2, as shown on Conveyance Plat thereof recorded in
Denton County Clerk's (Clerk's) File No. 2013 -318, and said strip being more fully described as follows:
BEGINNING at the most southerly southwest corner of said Lot 3, and and "L" corner in Lot 5, in said
Block A, from which point an "Arthur Surveying Company" capped 5/8" iron rod found in place for the
northwest corner of said Lot 1, Block 1, R. D. Wells Interchange, as shown on plat thereof recorded in
Cabinet Y, Page 619, of the Denton County Plat Records, bears North 89 degrees West, 34.45 feet, said
beginning point being also in the east line of that certain railroad spur easement referenced in
Confirmation and Restatement of Easement Rights recorded under Clerk's File No. 2013 - 137158;
THENCE North 1 degree, 09 minutes, 35 seconds East with the west line of said Lot 3 an east line of said
Lot 5 and said east line of rail spur easement, 143.0 feet;
THENCE South 88 degrees, 50 minutes, 20 seconds East, across a portion of said Lot 3, 35.0 feet;
THENCE North 1 degree, 09 minutes, 35 seconds East and parallel with and 35 feet east from the east
line of said railroad spur easement and the west line of said Lot 3 and east lines of Lots 5, 4B, and 4A, in
said Block A, passing the most northerly north line of said Lot 3 and a south line of said Lot 13, at 3473.18
feet passing the north line of said Lot 13 and the south line of a 25 foot wide right -of -way dedication by
said plat of Westpark Addition, continuing in all 3498.18 feet to a point in the existing occupied south
line of Jim Christal Road (approximately 60 foot wide occupied right -of -way at this point);
THENCE North 89 degrees, 23 minutes, 35 seconds East with said existing occupied south line of Jim
Christal Road, 71.51 feet;
THENCE South 15 degrees, 32 minutes, 25 seconds West, again crossing said north line of Lot 13 and
south line of dedicated right -of -way, 70.11 feet to the beginning of a curve whose center bears North
74 degrees, 27 minutes, 35 seconds West, 156.84 feet;
THENCE southerly with said curve, a distance of 33.42 feet to the end of said curve and the beginning
of a second curve whose center bears South 62 degrees, 14 minutes, 58 seconds East, 1 17.10 feet;
THENCE southerly with said second curve, a distance of 54.35 feet to the end of said curve;
THENCE South 1 degree, 09 minutes, 35 seconds West and parallel with and 65.0 feet east from said
east line of rail spur easement across a part of said Lot 13, to the northwest corner of said Lot 12,
continuing with an east line of said Lot 13 and west line of said Lot 12, passing the most northerly
northeast corner of said Lot 3 and continuing with the most westerly east line of said Lot 3 and west
lines of said Lot 12 and Lots 11 and 10, in all 3348.81 feet to the southwest corner of said Lot 10 and an
"L" corner in said Lot 3, from which point an "Arthur Surveying Company" capped 5/8" iron rod found
in place bears South 89 degrees, 0.52 foot;
THENCE North 88 degrees, 50 minutes, 20 seconds West with the most southerly south line of said Lot 3
and the most northerly south line of said Lot 10, 456.01 feet to the most southerly northeast corner of
said Lot 3 and the northwest corner of Lot 9, in said Block A;
THENCE South 1 degree, 20 minutes, 40 seconds West with the most easterly east line of said Lot 3 and
the west line of said Lot 9, 143.0 feet to a p -k nail found in place for the southeast corner of said Lot 3
and the northeast corner of said Lot 1, Block 1, R. D. Wells Interchange;
page 2
THENCE North 88 degrees, 50 minutes, 20 seconds West with the most southerly south line of Lot 3 and
the north line of said Lot 1, 520.55 feet to the PLACE OF BEGINNING, and containing 4.1880 acres.
Bearings used herein are based on Texas Coordinate System, North Central Zone, NAD 83.,
This description prepared to accompany a survey map of the described parcel.
EXHIBIT "B"
MAP ILLUSTRATION OF THE EASEMENT PROPERTY ATTACHED HERETO
Alternative Access Easement
EXHIBIT "B"
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