2017-166s:\Legal\Our Documents\Ordmances\17\11ecan Creek Addition Abandonment Ordinance ®"rL rev.docx
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WHEREAS, Micah Deweerd Holdings, LLC, a Texas limited liability company (the
"Owner") is the owner of certain real property located in the City of Corinth, Denton County,
Texas and containing approximately 1.61 acres of land, as described in that Certain Deed filed as
instrument number 2016-140641 in the Real Property Records, Denton County, Texas, being
located in the W. Garrison Survey, Abstract No. 1545, City of Corinth, Texas, as more particularly
described in Exhibit "A" attached hereto by reference (the "Property"); and
WHEREAS, the Property is encumbered by certain electric easements: (i) That certain
easement from W.D. Pockrus and wife, Nora Pockrus to Brazos River Transmission Electric
Cooperative, Inc. dated October 2, 1952, recorded in volume 384, page 118 of the Real Property
Records of Denton County, Texas, (ii) that certain easement from D.R. Brady and wife, Mabel
Brady to Brazos River Transmission Electric Cooperative, Inc., dated June 18, 1952, recorded in
Volume 381, page 490 of the Real Property Records of Denton County, Texas, and (iii) that certain
easement from John Gassaway and wife, Ida F. Gassaway to Brazos River Transmission Electric
Cooperative, Inc., dated June 1, 1946, recorded in Volume 332, page 499 of the Real Property
Records of Denton County, Texas (all easements collectively referred to herein as the
"Easements").
WHEREAS, the Easements were assigned to the City of Denton, Texas ("City") pursuant
to that certain Assignment of Easements dated October 23, 1987, recorded in Volume 2736, page
825 of the Real Property Records of the Denton County, Texas; and
WHEREAS, the Owner has requested the City release, abandon and vacate the Easements
to the extent that they affect and encumber his property only; and
WHEREAS, the City reviewed the request and determined that the Easements are no longer
needed along or within the Property, and recommended the Easements be released, abandoned and
vacated as to the Property only; NOW, THEREFORE,
SECTION 1. The recitations and finding set forth above are incorporated by reference.
SECTION 2. The following Easements held by the City of Denton, Texas, are released,
abandoned, and vacated only to the extent they affect the Property:
A. Brazos River Transmission Electric Cooperative, Inc. dated October 2,
1952, recorded in volume 384, page 118 of the Real Property Records of
Denton County, Texas.
B. Brazos River Transmission Electric Cooperative, Inc., dated June 18, 1952,
recorded in Volume 381, page 490 of the Real Property Records of Denton
County, Texas.
C, Brazos River Transmission Electric Cooperative, Inc., dated June 1, 1946,
recorded in Volume 332, page 499 of the Real Property Records of Denton
County, Texas.
The City specifically retains and reasserts its ownership interest in the remaining of the properties
affected and encumbered by the Easements and the Assignment of Easements, recorded in Volume
2736, Page 825, of the Real Property Records of Denton County, Texas.
SECTION 3. 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 on the Property, other than the Easements which were released, abandoned, vacated in
Section 2 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 Easements
may cover, encumber, include, cross or overlap.
SECTION 4. 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.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
� �,
PASSED AND APPROVED this the day of 2017. � �
CIIIRIS ATTS,
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR 1:;7 AS M " LEGAL FORM:
�4ARON� .,EA I,, INTERIM CITY ATTORNEY
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Page 2
Escrow File No: 165927
EXHIBIT "A"
All that certain lot, tract or parcel of land situated in the City of Corinth, Denton County,
Texas and being part of Lot 2, Block A of Pecan Creek Addition, an addition to said City,
according to the re -plat thereof, recorded in Document Number 2010-134, Plat Records,
Denton County, Texas and being tract being more particularly described as follows:
Beginning at an "X" cut set in the Northwest line of Post Oak Drive and the center of a 50'
Public Access Easement and Drainage and Utility Easement per said Plat for the South
corner of said Lot 2;
Thence the following three calls with said Easement and the West line of said Lot 2;
North 41 degrees 28 minutes 23 seconds West, 44.42 feet to an "X" cut set a the beginning
of a curve to the right having a radius of 150.00 feet, and whose long chord bears North 36
degrees 20 minutes 14 seconds West, 26.94 feet;
Thence along said curve an arc length of 26.98 feet to an "X" cut set;
North 31 degrees 11 minutes 07 seconds West, 103.66 feet to an "X" set;
Thence North 36 degrees 00 minutes 17 seconds East, 362.90 feet to a capped iron rod
found in the new Southwest right-of-way of Interstate Highway 35E for the North corner of
the herein described tract;
Thence along said Southwest line and along a curve to the left whose long chord bears
South 52 degrees 48 minutes 24 seconds East, 52.39 feet and whose radius is 1178.30 feet,
and an arc length of 52.40 feet to a capped iron rod found;
Thence South 53 degrees 37 minutes 40 seconds East, 63.09 feet to a 1/2" iron rod found;
Thence South 47 degrees 01 minutes 54 seconds East, 11.53 feet to a TXDOT monument
found;
Thence South 08 degrees 37 minutes 01 seconds East, 74.14 feet to a TXDOT monument
found;
Thence South 36 degrees 00 minutes 17 seconds West, 109.01 feet to a TXDOT monument
found;
Thence South 54 degrees 07 minutes 11 seconds East, 8.45 feet to a TXDOT monument
found;
Thence South 36 degrees 21 minutes 57 seconds West with the North line thereof and South
line of said Lot 2, 50.61 feet to a capped iron rod found at the beginning of a curve to the
right, having a radius of 953.31 feet, and whose long chord bears South 42 degrees 16
minutes 37 seconds West, 206.70 feet;
Thence along said curve an are length of 207.11 feet to the Place of Beginning and
containing 1.61 acres of land more or less.