2016-060ORDINANCE NO 2016 -060
AN ORDINANCE (1) RELEASING, ABANDONING AND VACATING (A) A 28.953 ACRE
PUBLIC DRAINAGE EASEMENT RECORDED AS INSTRUMENT NO. 2002- R0073655,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; (B) A 13.14 ACRE PUBLIC
DRAINAGE & DETENTION EASEMENT RECORDED AS INSTRUMENT NO. 2002 -
R0073656, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; AND (C) A 0.562
ACRE PUBLIC DRAINAGE EASEMENT RECORDED AS INSTRUMENT NO. 2002 -
R0073661, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, ALL LOCATED IN
THE S. GRAHAM SURVEY, ABSTRACT NO. 468, DENTON COUNTY, TEXAS; AND (2)
PARTIALLY RELEASING, ABANDONING AND VACATING A 5.324 ACRE PUBLIC
DRAINAGE EASEMENT RECORDED AS INSTRUMENT NO. 2005 - 85936, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND LOCATED IN THE M. SMITH
SURVEY, ABSTRACT NO. 1181 AND THE W. SMITH SURVEY, ABSTRACT NO. 1182,
DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton is the holder of the following easements:
• A 28.953 acre Public Drainage Easement granted to the City of Denton, by
Wynne /Jackson Lakes Development LP., a Texas limited partnership on
June 12, 2002 and recorded as Instrument No. 2002- R0073655, Real
Property Records, Denton County, Texas;
• A 13.14 acre Drainage & Detention Easement granted to the City of Denton,
by Wynne /Jackson Lakes Development LP., a Texas limited partnership on
June 12, 2002 and recorded as Instrument No. 2002- R0073656, Real
Property Records, Denton County, Texas;
• A 0.562 acre Public Drainage Easement granted to the City of Denton, by
Wynne /Jackson Lakes Development LP., a Texas limited partnership on
June 12, 2002 and recorded as Instrument No. 2002- R0073661, Real
Property Records, Denton County, Texas;
hereinafter referred to as the "Total Abandonment Easements or Tracts "; and
WHEREAS, the City of Denton is the holder of the following easement:
• A 5.324 acre Public Drainage Easement granted to the City of Denton, by
Wynne /Jackson Lakes Development LP., a Texas limited partnership on
June 12, 2002 and recorded as Instrument No. 2005- 85936, Real Property
Records, Denton County, Texas;
hereinafter referred to as the "Partial Abandonment Easement "; and
WHEREAS, Bloomfield Homes, L.P., a Texas limited partnership company ( "Owner ")
has represented to the City it is the present owner of the property tracts encumbered by the above -
captioned easements; and
WHEREAS, the Owner has requested the City release, abandonment and vacate the Total
Abandonment Easements and partially release, abandon and vacate the Partial Abandonment
Easement; and
WHEREAS, upon a more specific engineering review of the phased downstream drainage
requirements the previous owner the subdivision development did grant the City of Denton the
following easement:
• A 21.504 acre Public Drainage Easement granted to the City of Denton, by
Wynne /Jackson Lakes Development LP., a Texas limited partnership on
July 15, 2005 and recorded as Instrument No. 2005- 85938, Real Property
Records, Denton County, Texas;
hereinafter referred to as the "Alternative Easement "; and
WHEREAS, the City reviewed the requests of the Owner, and has determined the Total
Abandonment Easements are no longer needed and recommends that they be released, abandoned
and vacated; and
WHEREAS, the City reviewed the requests of the Owner, and has determined that a portion
of the Partial Abandonment Easement tract is no longer needed and recommends that a portion be
released, abandoned and vacated, that portion being a 3.537 acre tract specifically described in
Exhibit "A" and depicted in Exhibit "B ", both attached hereto and made a part hereof for all
purposes (the "Partial Abandonment Tract ") ; and
WHEREAS, the City Council of the City of Denton, Texas, finds it is in the public interest
to release, abandon, and vacate the Total Abandonment Easements, and to release, abandon, and
vacate that portion of the Partial Abandonment Easement described as the Partial Abandonment
Tract; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The recitations and finding set forth above are incorporated by reference.
SECTION 2. The following public drainage easements and drainage and detention
easement held by the City of Denton, Texas, are released, abandoned, and vacated:
A. That 28.953 acre Public Drainage Easement granted to the City of Denton,
by Wynne /Jackson Lakes Development LP., a Texas limited partnership on June 12, 2002
and recorded as Instrument No. 2002- R0073655, Real Property Records, Denton County,
Texas; and
Page 2
B. That 13.14 acre Drainage & Detention Easement granted to the City of
Denton, by Wynne /Jackson Lakes Development LP., a Texas limited partnership on June
12, 2002 and recorded as Instrument No. 2002- R0073656, Real Property Records, Denton
County, Texas; and
C. That 0.562 acre Public Drainage Easement granted to the City of Denton,
by Wynne /Jackson Lakes Development LP., a Texas limited partnership on June 12, 2002
and recorded as Instrument No. 2002- R0073661, Real Property Records, Denton County,
Texas.
SECTION 3. The following public drainage easement held by the City of Denton, Texas,
is partially released, abandoned, and vacated:
A. A portion of that 5.324 acre Public Drainage Easement granted to the City
of Denton, by Wynne /Jackson Lakes Development LP., a Texas limited partnership on
June 12, 2002 and recorded as Instrument No. 2005- 85936, Real Property Records, Denton
County, Texas, that a portion hereby released, abandoned and vacated being a 3.537 acre
tract specifically described in Exhibit "A" and depicted in Exhibit "B ", both attached hereto
and made a part hereof for all purposes (the "Partial Abandonment Tract ")
SECTION 4. Notwithstanding anything to the contrary contained in this ordinance, the
City of Denton retains and reserves any and all easements, rights of way and any other rights or
interests, other than the Total Abandonment Easements and the Partial Abandonment Easement
(specifically the Partial Abandonment Tract) which were released, abandoned, vacated in Sections
2 and 3 above, 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 Total Abandonment
Easements and the Partial Abandonment Easement may cover, encumber, include, cross or
overlap. Furthermore, the Alternative Easement is specifically retained and reserved, and not
released, abandoned, or vacated, and this ordinance has no effect to the continued enjoyment by
the City of Denton of the land rights conveyed therein.
SECTION 5. The provisions of this ordinance are severable, and the invalidity of any
phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder
of the ordinance.
SwECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
Page 3
PASSED AND APPROVED this the L,dayof
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
API
ANITA BURGESS, CITY
ATTORNEY
BY:
Page 4
CHRIS WATTS, MAYOR
EXHIBIT A
3.537 ACRES
DRAINAGE EASEMENT ABANDONMENT
BEING A 3.537 ACRE TRACT OF LAND SITUATED IN THE MARY SMITH
SURVEY, ABSTRACT NO, 1181 AND WILLIAM SMITH SURVEY, ABSTRACT
NO. 1182, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF
A TRACT OF LAND, CONVEYED TO BLOOMFIELD HOMES, L.P., AS
RECORDED IN COUNTY CLERK'S FILE NO. 2013-10870, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS AND BEING PART OF A DRAINAGE
EASEMENT DESCRIBED IN COUNTY CLERK'S FILE NO. 2005-54871, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 3.537 ACRE TRACT,
WITH BEARING BASIS BEING THE WEST LINE OF SAID BLOOMFIELD
HOMES, L.P. TRACT, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHWEST
CORNER OF SAID BLOOMFIELD HOMES, L.P. TRACT, SAID POINT BEING AT
THE INTERSECTION OF OLD JOHN PAINE ROAD (A VARIABLE WIDTH
PRESCRIPTIVE RIGHT -OF -WAY) AND JOHNSON ROAD (A VARIABLE WIDTH
PRESCRIPTIVE RIGHT -OF -WAY), SAID POINT ALSO BEING AN ANGLE POINT
IN THE SOUTH LINE OF A TRACT OF LAND CONVEYED TO PETRUS
INVESTMENT, LP., AS RECORDED IN COUNTY CLERK'S FILE NO. 98- 0117450,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE, SOUTH 00 DEGREES 06 MINUTES 45 SECONDS EAST, ALONG THE
WEST LINE OF SAID BLOOMFIELD HOMES, L.P. TRACT AND AN EASTERLY
LINE OF SAID PETRUS INVESTMENT, L.P. TRACT, ALSO WITH SAID OLD
JOHN PAINE ROAD, A DISTANCE OF 2583.75 FEET TO A POINT;
THENCE, NORTH 89 DEGREES 53 MINUTES 15 SECONDS EAST, OVER AND
ACROSS SAID BLOOMFIELD HOMES, L.P. TRACT, A DISTANCE OF 37.07 FEET
TO THE POINT OF BEGINNING;
THENCE, OVER AND ACROSS SAID BLOOMFIELD HOMES, L.P. TRACT AND
ALONG THE WEST AND NORTH LINES OF SAID DRAINAGE EASEMENT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 06 MINUTES 45 SECONDS WEST, A DISTANCE OF
80.00 FEET TO A POINT FOR CORNER;
NORTH 89 DEGREES 53 MINUTES 15 SECONDS EAST, A DISTANCE OF
221.33 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 06 MINUTES 45 SECONDS WEST, A DISTANCE OF
583.75 FEET TO A POINT FOR CORNER;
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Page 1 of 6
NORTH 89 DEGREES 53 MINUTES 15 SECONDS EAST, A DISTANCE OF
270.00 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 06 MINUTES 45 SECONDS EAST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER;
NORTH 85 DEGREES 28 MINUTES 27 SECONDS EAST, A DISTANCE OF
220.00 FEET TO A POINT FOR CORNER;
NORTH 47 DEGREES 47 MINUTES 33 SECONDS EAST, A DISTANCE OF
220.00 FEET TO A POINT FOR CORNER;
NORTH 29 DEGREES 53 MINUTES 34 SECONDS EAST, A DISTANCE OF
340.00 FEET TO A POINT FOR CORNER;
NORTH 36 DEGREES 53 MINUTES 59 SECONDS EAST, A DISTANCE OF
140.00 FEET TO A POINT FOR CORNER;
SOUTH 52 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE OF
83.44 FEET TO A POINT FOR CORNER ON THE EAST LINE OF SAID
BLOOMFIELD HOMES, L.P. TRACT AND THE WEST LINE OF A 14.420
ACRE TRACT OF LAND CONVEYED TO DENTON INDEPENDENT
SCHOOL DISTRICT, AS RECORDED IN COUNTY CLERK'S FILE NO.
2008 - 43036, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS
AND THE BEGINNING OF A NON - TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 08
DEGREES 58 MINUTES 31 SECONDS, A CHORD WHICH BEARS, NORTH
48 DEGREES 11 MINUTES 03 SECONDS EAST, A DISTANCE OF 50.91
FEET;
THENCE, ALONG THE EAST LINE OF SAID BLOOMFIELD HOMES, L.P. TRACT
AND THE WEST LINE OF SAID 14.420 ACRE TRACT, THE FOLLOWING
COURSES AND DISTANCES:
ALONG SAID NON - TANGENT CURVE TO THE RIGHT, AN ARC
DISTANCE OF 79.12 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED "'JACOBS" SET FOR THE WEST CORNER OF SAID 14.420
ACRE TRACT;
SOUTH 46 DEGREES 57 MINUTES 13 SECONDS EAST, A DISTANCE OF
69.30 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND FOR A NORTH CORNER OF COUNTRY
LAKES NORTH, PHASE TWO, AN ADDITION TO THE CITY OF DENTON,
AS RECORDED IN CABINET W, PAGE 917, PLAT RECORDS, DENTON
COUNTY, TEXAS;
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Page 2 of 6
THENCE, ALONG THE EAST LINE OF SAID BLOOMFIELD HOMES, L.P. TRACT
AND THE WEST LINE OF SAID COUNTRY LAKES NORTH, PHASE TWO, THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 36 DEGREES 53 MINUTES 59 SECONDS WEST, A DISTANCE OF
117.43 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND FOR CORNER;
NORTH 53 DEGREES 06 MINUTES 01 SECONDS WEST, A DISTANCE OF
20.06 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND FOR CORNER AND THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, A
CENTRAL ANGLE OF 15 DEGREES 06 MINUTES 36 SECONDS, A CHORD
WHICH BEARS, NORTH 45 DEGREES 32 MINUTES 43 SECONDS WEST,
A DISTANCE OF 78.89 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, CONTINUING OVER
AND ACROSS SAID BLOOMFIELD HOMES, L.P. TRACT, AN ARC
DISTANCE OF 79.12 FEET TO A POINT FOR CORNER;
THENCE, OVER AND ACROSS SAID BLOOMFIELD HOMES, L.P. TRACT, THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 52 DEGREES 00 MINUTES 35 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON -
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, A
CENTRAL ANGLE OF 13 DEGREES 58 MINUTES 37 SECONDS, A CHORD
WHICH BEARS, SOUTH 44 DEGREES 58 MINUTES 43 SECONDS EAST, A
DISTANCE OF 85.17 FEET;
ALONG SAID NON - TANGENT CURVE TO THE LEFT, AN ARC
DISTANCE OF 85.38 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED "JACOBS" SET FOR CORNER ON THE EAST LINE OF
SAID BLOOMFIELD HOMES, L.P. TRACT AND THE WEST LINE OF SAID
COUNTRY LAKES NORTH, PHASE TWO;
THENCE, ALONG THE EAST LINE OF SAID BLOOMFIELD HOMES, L.P. TRACT
AND THE WEST LINE OF SAID COUNTRY LAKES NORTH, PHASE TWO, THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 42 DEGREES 37 MINUTES 37 SECONDS WEST, A DISTANCE OF
135.39 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
SOUTH 36 DEGREES 53 MINUTES 59 SECONDS WEST, A DISTANCE OF
1ASLD \C3X464 \C3X46403 \600 DISCIPLINE\613 Survey \613.7 Legal Descriptions \C3X46403EX05.docx
Page 3 of 6
115.36 FEET TO A POINT FOR CORNER;
SOUTH 36 DEGREES 39 MINUTES 43 SECONDS WEST, A DISTANCE OF
87.97 FEET TO AN IRON ROD FOUND FOR CORNER;
SOUTH 48 DEGREES 31 MINUTES 12 SECONDS WEST, A DISTANCE OF
82.89 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND FOR CORNER;
SOUTH 59 DEGREES 15 MINUTES 22 SECONDS WEST, A DISTANCE OF
82.89 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
SOUTH 69 DEGREES 59 MINUTES 33 SECONDS WEST, A DISTANCE OF
82.89 FEET TO A POINT FOR CORNER;
SOUTH 80 DEGREES 03 MINUTES 41 SECONDS WEST, A DISTANCE OF
82.99 FEET TO AN IRON ROD FOUND FOR CORNER;
SOUTH 89 DEGREES 53 MINUTES 15 SECONDS WEST, A DISTANCE OF
144.59 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 06 MINUTES 45 SECONDS WEST, CONTINUING
OVER AND ACROSS SAID BLOOMFIELD HOMES, L.P. TRACT, A
DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
THENCE, OVER AND ACROSS SAID BLOOMFIELD HOMES, L.P. TRACT, THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 53 MINUTES 15 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 06 MINUTES 45 SECONDS EAST, A DISTANCE OF
80.00 FEET TO AN "X" CUT FOUND FOR CORNER ON THE EAST LINE
OF SAID BLOOMFIELD HOMES, L.P. TRACT AND THE WEST LINE OF
SAID COUNTRY LAKES NORTH, PHASE TWO;
THENCE, ALONG THE EAST LINE OF SAID BLOOMFIELD HOMES, L.P. TRACT
AND THE WEST LINE OF SAID COUNTRY LAKES NORTH, PHASE TWO, THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 53 MINUTES 15 SECONDS WEST, A DISTANCE OF
116.70 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 06 MINUTES 45 SECONDS EAST, A DISTANCE OF
438.04 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
IASLD \C3X464 \C3X46403 \600 DISCIPLIN0613 Survey\ 613.7 Legal Descdptioos \C3X46403EX05.docx
Page 4 of 6
"CARTER BURGESS" FOUND FOR CORNER AND THE BEGINNING OF A
NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 275.00
FEET, A CENTRAL ANGLE OF 06 DEGREES 00 MINUTES 27 SECONDS, A
CHORD WHICH BEARS, SOUTH 61 DEGREES 46 MINUTES 24 SECONDS
WEST, A DISTANCE OF 28.82 FEET;
THENCE, OVER AND ACROSS SAID BLOOMFIELD HOMES, L.P. TRACT, THE
FOLLOWING COURSES AND DISTANCES:
ALONG SAID NON - TANGENT CURVE TO THE LEFT, AN ARC
DISTANCE OF 28.83 FEET TO A POINT FOR CORNER AND THE
BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS
OF 225.00 FEET, A CENTRAL ANGLE OF 03 DEGREES 59 MINUTES 40
SECONDS, A CHORD WHICH BEARS, SOUTH 60 DEGREES 46 MINUTES
01 SECONDS WEST, A DISTANCE OF 15.68 FEET;
ALONG SAID REVERSE CURVE TO THE RIGHT, AN ARC DISTANCE OF
15.69 FEET TO A POINT FOR CORNER;
SOUTH 27 DEGREES 14 MINUTES 09 SECONDS EAST, A DISTANCE OF
50.00 FEET TO A POINT FOR CORNER;
SOUTH 89 DEGREES 53 MINUTES 15 SECONDS WEST, A DISTANCE OF
250.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 3.537
ACRES OF LAND, MORE OR LESS.
A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY
Michael J. Baitup,&P.L.S. I
Registered Professional Land Surveyor
Texas Registration No. 4574
Jacobs Engineering Group, Inc.
1999 Bryan Street, Suite 1200
Dallas, Texas 75201
214 - 638 -0145
OCTOBER 9, 2013
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WICHAEL J. BAfTUP
`q 4574
1ASLD \C3X464 \C3X46403 \600 DISCIPLINE1613 Survey\613.7 Legal Descriptions \C3X46403EX05.docx
Page 5 of 6
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P.R.D.C.T. PLAT RECORDS. DENTON COUNTY, TEXAS
R.P.R.O.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS
BEARING BASIS IS THE WEST LINE OF A TRACT OF LAND CONVEYED TO B OOMFIELD I °I
L.P., AS
DATE: 10/00/13 EXHIBIT B
SHEET SCALE: 1' - 200' DRAINAGE EASEMENT ABANDONMENT JACOBS
OUT OF THE
6 OF 6 DRAWN ar; S.C.O. WILLIAM SMITH SURVEY ABSTRACT NO. 1182 & 1999 BRYAN STREET, SUITE 1200
THE MARY SMITH SURVEY, ABSTRACT NO. 1181 DALLAS, TEXAS 76201-3`136
CHECKED BY: M.J.B. IN THE CITY OF DENTON, DENTON COUNTY, TEXAS PHONE 214 -836 -0145 FAX X 2 214 14-838 -0447
I:\SLD \C3X464 \C3X46403 \700 CADD \713 Survey\713.5 Easement\C3X46403EX05.dwg, 10/9/2013 11:09:44 AM
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P.R.D.C.T. PLAT RECORDS. DENTON COUNTY, TEXAS
R.P.R.O.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS
BEARING BASIS IS THE WEST LINE OF A TRACT OF LAND CONVEYED TO B OOMFIELD I °I
L.P., AS
DATE: 10/00/13 EXHIBIT B
SHEET SCALE: 1' - 200' DRAINAGE EASEMENT ABANDONMENT JACOBS
OUT OF THE
6 OF 6 DRAWN ar; S.C.O. WILLIAM SMITH SURVEY ABSTRACT NO. 1182 & 1999 BRYAN STREET, SUITE 1200
THE MARY SMITH SURVEY, ABSTRACT NO. 1181 DALLAS, TEXAS 76201-3`136
CHECKED BY: M.J.B. IN THE CITY OF DENTON, DENTON COUNTY, TEXAS PHONE 214 -836 -0145 FAX X 2 214 14-838 -0447
I:\SLD \C3X464 \C3X46403 \700 CADD \713 Survey\713.5 Easement\C3X46403EX05.dwg, 10/9/2013 11:09:44 AM