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23-2196 INCOMPLETEORDINANCE NO. 23-2 196 AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT,RELINQUISHMENT, AND QUITCLAIM OF A 1.266-ACRE PUBLIC ACCESS, DRAINAGEAND UTILITY EASEMENT GRANTED TO THE CITY OF DENTON BY RALPH L. MASONTRUST, RECORDED BY COUNTY CLERK FILE NO. 2007-59444, THE REAL PROPERTYRECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIMTHEREOF TO RALPH L. MASON TRUST; PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT, RELINQUISHMENT AND QUITCLAIM MADEHEREIN; PROVIDING FOR THE CONVEYANCE OF A SANITARY SEWER EASEMENT TO THE CITY OF DENTON; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OFDENTON AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT HEREIN: PROVIDING FOR CONSIDERATION TO BE PAID TO THE CITY OF DENTON;PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Denton (“City”) is the holder of a Public Access, Drainage andUtility Easement granted by Ralph L. Mason Trust, recorded by County Clerk File No. 2007- 59444, Real Property Records of Denton County, Texas (the “Subject Easement”); and WHEREAS, Ralph L. Mason Trust, (“Owner” or “Grantee”), is the record abutting owner of the property subject to the Subject Easement; and WHEREAS, the Owner has requested the City to abandon, relinquish, and quitclaim a 1.266 acre the Subject Easement (the “Abandonment Tract”), as described and depicted in Exhibit “A“ attached hereto, in exchange for an alternative Sanitary Sewer Easement on the property, as described and depicted in Exhibit “B” (the “Alternative Easement”). WHEREAS, City Staff reviewed the request ofthe Owner and determined that the Subject Easement is no longer necessary for any current or future public access, drainage or non-sanitary sewer utility project which will allow for the area to be developed with permitted improvements, and City Staff recommends the Subject Easement be released, abandoned, and vacated in its entirety as specified herein; and; WHEREAS, the City Engineer and Public Works staff have confirmed that the property has been developed in such a manner that the Subject Easement is no longer necessary to address previous public access, drainage or non-sanitary sewer utility infrastructure improvements concerns on the property or for any current or future public access, drainage or non-sanitary sewer utility projects; and WHEREAS, Section 272.001(b)(2) of the Texas Local Government Code provides an applicable exception to the notice and bidding requirements where land and interests to beabandoned are used by easement, fair market value has been determined, and the exchange transaction is with an adjacent landowner; and WHEREAS, Section 272.001 also provides that the land and those interests may be conveyed, sold, or exchanged for less than the fair market value if exchanged with an abutting property owner who owns the underlying fee simple; and WHEREAS, an independent appraisal of the Subject Easement area was provided bythe Owner and it lists the fair market value at Three Hundred Twenty-Eight Thousand Seventy- Seven and 00/ 100 Dollars ($328,077.00); and WHEREAS, staff recommends releasing the Subject Easement tract at no cost to the Owner as the City acquired the easement at no cost, the existing sewer line will not be affected as a new Sanitary Sewer Easement has been conveyed for the public improvements. The Subject Easement tract has no identified current or future use for public drainage, access or non- sanitary sewer improvements; and WHEREAS, the City Council of the City of Denton, acting pursuant to law and upon request and petition of the Ralph L. Mason Trust; hereinafter referred to a Grantee, deems it advisable to abandon, relinquish and quitclaim the City of Denton’s right, title and interest in andto the hereinafter described tract of land to Grantee, and is of the opinion that, subject to the terms and conditions herein provided, said easement is no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to Grantee as hereinafter provided, for theconsideration hereinafter stated; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitclaiming the same to Grantee for the consideration and subject to the terms and conditions hereinafter more fully setforth; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and finding set forth above are incorporated herein byreference. SECTION 2. That the City of Denton hereby abandons and relinquishes all of its right, title and interest in and to the Abandonment Tract, that 1.266 acre Subject Easement, as described and depicted in Exhibit “A,“ attached to this Ordinance and made a part hereto for all purposes, subject, however, to the conditions hereinafter more fully set out. SECTION 3. That for and in monetary consideration of the sum of Three Thousand, Two Hundred Eighty-Six and 00/100 Dollars ($3,286.00) paid by Ralph L Mason Trust, LLC,and the further consideration described in Sections 6, 7, 8 and 9, the City of Denton does by these presents FOREVER QUITCLAIM unto the said Grantee, subject to the conditions, reservations, and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all its right, title and interest in and to the certain tract(s) or parcel(s) of land hereinabove describedin Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditamentsand appurtenances thereto in any manner belonging unto the said Grantee forever may be abandoned, released, and vacated in exchange for the Alternative Easement attached as Exhibit“B .” Page 2 SECTION 4. That the abandonment, relinquishment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. SECTION 5. That the terms and conditions contained in this ordinance shall be binding upon Grantee, its heirs, successors and assigns. SECTION 6. THAT AS A CONDITION OF THIS ABANDONMENT AND AS APART OF THE CONSIDERATION FOR THE QUITCLAIM TO GRANTEE HEREIN,GRANTEE. iTS/rHEIR HEIRS/SUCCESSORS AND ASSIGNS, AGREE TOINDEMNIFY. DEFEND, RELEASE AND HOLD HARMLESS THE CITY OF DENTONAS TO ANY AND ALL CLAIMS FOR DAMAGES, FINES, PENALTIES, COSTS OREXPENSES TO PERSONS OR PROPERTY THAT MAY ARISE OUT OF, OR BE OCCASIONED BY OR FROM: (1) THE USE AND OCCUPANCY OF THE AREADESCRIBED IN EXHIBIT A BY GRANTEE, ITS/THEIR HEIRS/SUCCESSORS ANDASSIGNS; (I1) THE PRESENCE, GENERATION, SPILLAGE, DISCHARGE, RELEASE,TREATMENT OR DISPOSITION OF ANY HAZARDOUS SUBSTANCE ON OR AFFECTING THE AREA SET OUT IN EXHIBIT A, (II1) ALL CORRECTIVE ACTIONSCONCERNING ANY DISCOVERED HAZARDOUS SUBSTANCES ON OR AFFECTINGTHE AREA DESCRIBED IN EXHIBIT A, WHICH GRANTEE, ITS HEIRS,SUCCESSORS AND ASSIGNS AGREE TO UNDERTAKE AND COMPLETE INACCORDANCE WITH APPLICABLE FEDERAT Iq STATE AND LOCAL LAWS ANDREGULATIONS; AND (IV) THE ABANDONMENT, CLOSING, VACATION ANDQUITCLAIM BY THE CITY OF DENTON OF THE AREA SET OUT IN EXHIBIT A.GRANTEE. ITS HEIRS. SUCCESSORS AND ASSIGNS HEREBY AGREE TO DEFENDANY AND ALL SUITS, CLAIMS, OR CAUSES OF ACTION BROUGHT AGAINST THECITY OF DENTON ON ACCOUNT OF SAME, AND DISCHARGE ANY JUDGMENT ORJUDGMENTS THAT MAY BE RENDERED AGAINST THE CITY OF DENTON INCONNECTION THEREWITH. FOR PURPOSES HEREOF, “HAZARDOUSSUBSTANCE” MEANS THE FOLLOWING: (A) ANY “HAZARDOUS SUBSTANCES”UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, 42 u.s.c. SECTION 9601 ET SEQ., AS AMENDED; (B) ANY“}IAZARDOUS SUBSTANCE” UNDER THE TEXAS HAZARDOUS SUBSTANCESSPILL PREVENTION AND CONTROL ACT, TEX. WATER CODE, SECTION 26.261 ETSEQ., AS AMENDED; (c) PETROLEUM OR PETROLEUM-BASED PRODUCTS (ORANY DERIVATIVE OR HAZARDOUS CONSTITUENTS THEREOF OR ADDITIVES THERETO), INCLUDING WITHOUT LIMITATION, FUEL AND LUBRICATING OILS;(D) ANY “HAZARDOUS CHEMICALS” OR “TOXIC CHEMICALS” UNDER THEOCCUPATIONAL SAFETY AND HEALTH ACT, 29 u.s.c. SECTION 651 ET SEQ., ASAMENDED; (E) ANY “HAZARDOUS WASTE” UNDER THE RESOURCECONSERVATION AND RECOVERY ACT, 42 u.s.c. SECTION 6901 ET SEQ., ASAMENDED; AND (F) ANY “CHEMICAL SUBSTANCE” UNDER THE TOXICSUBSTANCE CONTROL ACT, 15 u.s.c. SECTION 2601 ET SEQ., AS AMENDED.REFERENCES TO PARTICULAR ACTS OR CODIFICATIONS IN THIS DEFINITIONINCLUDE ALL PAST AND FUTURE AMENDMENTS THERETO, AS WELL AS Page 3 APPLICABLE RULES AND REGULATIONS AS NOW OR HEREAFTERPROMULGATED THEREUNDER. SECTION 7. That this abandonment, relinquishment and quitclaim of the City’s right, title and interest in and to Subject Easement shall not become effective until and unless: (i) the existing installations and facilities are relocated, at Grantee ’s expense, to the new easement, to be provided by Grantee and acceptable to the Director of Development Services, as is hereinafter provided; and (ii) plans for the construction and relocation of installations within the new easement are approved by the Director of Development Services; and (iii) said construction and relocation of installations are completed, approved and accepted in writing by the Director of Development Services. Grantee will grant the new easement at no cost consideration to the City and all work shall be done at the sole cost of Grantee and to the satisfaction of the Director of DevelopmentServices. Failure to relocate to the new easement in accordance with the terms of this section shall render this ordinance null and void and of no further effect. SECTION 8. That the abandonment, relinquishment and vacation made herein shall be subject to Owner conveying an Sanitary Sewer Easement to the City of Denton for a perpetual sanitary sewer easement, within 60 days of the effective date of this ordinance, in, under, through, across and along certain properties located in the W. Pogue Survey, Abstract No. 1012, as recorded in City of Denton, Denton County, Texas, and as part of the consideration for the property herein abandoned by the City of Denton and deeded to the Owner. Said Sanitary Sewer Easement to be conveyed shall be acceptable to the Director of Development Services of the City of Denton and contain approximately 0.686 acre tract of land, a description is attached hereto and made a part hereof as Exhibit B. Failure to convey the above described easement as set forthshall render this ordinance null and void and of no further effect. SECTION 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein Grantee shall: a) Ensure that the existing sewer line does not exceed 12 inches in diameter as required in 7.6.7 of the Denton Development Code. SECTION. 10. That at such time as the instrument described in Section 8 above is executed and delivered to the City of Denton and has been approved as to form by the City Attorney it be accepted, and thereafter, the Director of Development Services is authorized and directed to record said instrument in the Deed Records of Denton County, Texas; and the recorded instrument shall be forwarded to the City Secretary for permanent record. SECTION 11. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Denton County, Texas, which certified copy shall be delivered to the Director of Development Services, or designee. SECTION 12. 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 Abandonment Tract abandoned, relinquished and quitclaimed 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, Page 4 prescription, or by any other manner or means, in or to lands in which the Subject Easement may cover, encumber, include, cross, or overlap. SECTION 13. The City Manager, or designee, is authorized to execute a quitclaim deed document evidencing the abandonment of the Abandonment Tract suitable for recordation in the Real Property Records of Denton County, Texas. SECTION 14. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the official real property records of the county in which the public street and thoroughfare is located, which certified copy shall be delivered to the Director of Department of Development Services, or designee. SECTION 15. 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 16. This Ordinance shall become effective immediately upon its passage and approval. [Signatures to appear on the following page.] Page 5 ;;1 e ][][1 0 t i O n t \;reP:;= t h::: i ;T: : a S 1r1r11ga dtI eb yo df= :: : J wIld diEt and app rT: je Ent: following vote LZ_ - a] : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: / / -J-J 7 t/ L/r PASSED AND APPROVED this th, 5 +* d,y ,f Fa'.k ' 2024. ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\\IIII III/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITYATTORNEY BY: '"-’–’-' ====AA=L== Page 6 EXHIBIT A (Abandonment Tract) Page 7 Denton CountyCynthIa MitchellCounty ClerkDenton, Tx 76202llilIHl&lUlIBFllllll'lINl:IllIIlIIII70 2007 00059444 Instrument Number: 2007.59444AsEasementRecorded On: May 22, 2007 Parties: RALPH L MASON TRUST Billabl8 Pages: 8 To Number of Pages: 8 Comment: ( Parties listed above are for Clerks reference only ) '- ExamIned and Charged as Follows: M Easement 44.00 Total RecordIng:44.00 DO NOT REMOVE THIS PAGE IS PART OF THE INSTRUMENT Any provision hereIn which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law FIle Information:Document Number: 2007-59'H4 Record and Return To: Receipt Number: 388030 Reoorded Date/Time: May 22, 2007 09:13:37A CITY OF DENTON ENGINEERING DEPT 901 A TEXAS ST DENTON TX 76209User / Station: J Morris . Cash Station 1 THE STATE OF TEXAS }COUNTY OF DENTON ) I hereby eeRIly that tIIIs In•Bument was FILED in th• Flt• Number 88qu•nc• on th• daO/tImeprinted h•ron, and wu duly RECORDED in the Ofttc181 Records of D•nt$n County, Tax•s.eMII County ClerkDenton County, Texas e NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOUMAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THISINSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOURSOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. PUBLIC ACCESS, PUBLIC DRAINAGE AND PUBLIC UTILITY EASEMENT THE STATE OF TEXAS g§ KNOW ALL MEN BY THESE PRESENTS:COUNTY OF DENTON § THAT Ralph L. Mason Trust (Grantor), of Oklahoma County, Oklahoma, whose address is 5725 N. W. 152nd Street, Oklahoma City, Oklahoma 73142, in consideration of the sum of ONE DOLLAR and NO CENTS ($ 1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas (Grantee), receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Grantor and situated in Denton County, Texas, in the W. Pogue Survey, Abstract No. 1012. EASEMENT DESCRIBED AND ILLUSTRATED IN ATrACHED EXHIBIT "A" And it is further agreed that the City of Denton, Texas, in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing and perpetually maintaining all-weather driving surface, public drainage facilities and public utility facilities in, along, upon and across said premises, with the right and privilege at all times of the Grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, I I i I I improvements on and repairs to said all.weather driving surface, public drainage facilities and public utility facilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas, as aforesaid for the purposes aforesaid the premises above described. PIday olWitness my hand, this ge 1007LA SON TRUST By Fa;mTTisl= ACKNOWLEDGMENT THE STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § This instrument was acknowledged before me on Ralph L. Mason, Trustee of the Ralph L. Mason 6 by i Accepted this a day(Resolution No. 91-073).for the City of Denton,Texas By:ie@K&3MMLae Paul Williamson ?Mb WIC£JA1480AJReal Estate and Capital Support Manager After filing, please return to: City of Dentonggt::f+I={,aS i::::''tAnn: Paul Williamson 2 . EXHIBIT ”A" DATE: t2/07/06JOB NO. 08-11-229(3)SHEET 1 Of 5LEGAL DESCRIPTION JOINT ACCESS AND PUBUC DRAINAGE ANDLrrILrrY tASEUEHr !!! ! ::; !PE!!!1I IIII:IV:O \;UgC}f: ?:+}::; ;4d E :: :: g g: B/& CDI:I ;Fg :€ET£r£U\ {}}} [:::I DeNTON COUNTY1 TEXAS: THEHCE NORTH OjT07' 4S- EAST WITH SAID EAST UNEB A DISTANCE OF 244.89 FEET TO A POINT FOR CORNER: THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF24:57 FEET TO A POINT fOR CORNER;I THENCE SOUTH 88'3t'34" eAST. A DISTANCE OF 596.08 FEET TO A POINT FOR CORNER; THENCE SOUTH Byte'39" EASTq A DISTANCE OF 753.87 FEeT TO A POINT FOR CORNER; THENCE SOUTH 88'18'24” tASTe A DISTANCE OF 90.53 FEET TO A POINT FOR CORNER: THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CURVE TO THE LEFt AN ARC DISTANCE OF 6.78r££T TO A POINT FOR CORNER: iT [ I c : ui?! T To 8 :=EB p:I & TE fIb 1 NAG Dis LTDiis ac 1F 1 :g : : : : E)#:oLNJNTFRo£c£RGLT otT BT : /IT rNIIai' CHORD--i-HIGH BEARS SOUTH 56'ot'17" EAST. A DISTANCE OF 52.35 FErr: UTILITY-EASEMENT. SITUATED IN THE w. POGUE HIRmBABSTRACT NO. 1012ITV OF DENTONL DENTON COUNW, 4 i GL89jRi RL;#6' g6k}E;Rq8?7INC.704 CENIRAL PARKWAY EAST. SUITE 121+PLANO. TEXAS. 75074OFFICE: (972) 881-1700FAX: (972) +23-1083E-MAIL phln80gl8-Inc.cornPETER R. HINE, R.P.LS. 5374 #B A1 + \ I \ !!i%%©@§££ \\\\\\\\\\\\\~ DATE 12/07/08JOB NO. 06-11-229(J)SHen 3 Of 5 - - EXHIBIT "A" JOIHr ACC€B AND PUBLIC DRAINAGE ANDurILrrY EASEMENT RALPH L. UASOH TRUSTVOLUME 5040. PAGE 1273 D.R.O+C.T.(CALLED 1.BB ACRES) RALPH L HASaN TRusrYOLUue SOII. PAGe 3823D.R.D.C. T. {exLtEB 1+22 Ac&es) iii i gg LI 4 LI 4 g :IIIIII-11 I II I I11 ta' eAseueHT FOR INGRESS3AND EGRESS VOL.2t38 \PC.430 D.R.D,C.TP “.';.==::"”\YOL87Z maH L u+san TRUS1 *'\#voLUue 3040. PAGE 1289DvRgB+C,T (CALLED 0,76 ACRES) 'X=+==nnPn ==WgHnnn 1 %P;HFbLIT£TI (cnt£i--ii;;’'xcn£s) I Ccxluo 2 XCRCS} TRUSTRALPH L UASOH TRUST VOLUUE +883, PAGE 749VOLUME 5036. PACE 3823 DeRqDeC+T O.R.D.C.T.I USST HIGHWAY J 80UNIVERSITY DRIVE)CVnAIU BlaH b&IB) I ©MRd N OI'07'4S- ES 88'St'34" e S ’8l1 S 8y16']9" E S 88'18'24" E S 6S'SI'54- E S 88'18'24" E N O1'40'54" E f596,08 753.B7' [BME:i 1 48.28 8158X78] 66.52 LtD LI I It!iEI LIS Lt 4 LIT Lt 6 it}RBI N 88'51'34- W{6S.86£ N Ol•Q7'45' Et 2.00 N 88'51'34- WMIR ARIS nF RFARINtIS iLFb£iRIBBg'-iF£-'p£R THC MOST £AST£RN NORTH UN£OF THE DEED RECORDED IN VOLUME 5036, PAGE 3823OF THE DEED RECORDS OF DENTON COUNW. TEXAS. RADIUS DELTA ZB'4+'07”49.00 24.5722:FM25.00 9.79 64'34' 14-48.00 SS.22 69'22'OO”25.00 30.27 S8'37'24-25.rO 25.58 6t'33'49"26.8625.00 672S'JO-MTMo 69'39'44-30.4025.00 9.79F®16Bl BEARING CHORD N 33•tl'48" W 24.32 S 77'OS'09- [9.73 s siMP:: [s s8'2s'09" t N S6'28'24- E N S5'17'lS" W 25.59N S2'21'2S- W 54.39 @sRIN S3'28'32" WN 77'OS'09" W RingI kia :: :.jq87AEjmFTiJHrrm3MzrTHr-+F–=Tsn UTIUTY EASEMENT. gTUATED IN THE W. POGUE SURVEY.ABSTRACT NO. 1012ITY _O£DENTON. DaiTON _COUNTY, TEXAS PETER R. HINE. R.P.L.S. NO. 5574GLOBAL LAND SURVEYING. INC.704 CENTRAL PARKWAY EAST. SUITE 1214 OFFICE: (972) 881-1700PLANO. TEXAS. 75074 FAX: (972) 423–1083 PFI E-MAIL phTneOgls-Inc.com \'£'i::(FP”“’ I::::a \\it It: \ \ ii:tlS US (C A S T HIGHWAY Ja a UNIVERSITY D R 1 V e)Px#wu VWtH hO.W.) &sTABtnB9'a6 aiiifIGH tFRlinI [Max DATE: 12/07/08DB NO. DO-11-229(3)SHEET 5 OF 5 EXHIBIT "A" JOlvr ACCESS AND PUBLIC DRAIHAOE ANDuriuTY EASEMENT RePLAT OF PHASE ONE,LeT ONE OF THOUPSON ADDITIONCM.C, PG.43, P.R.D.C:.T. -r SI qqWii aca +i LIZ I HiimagePVBLB wiHAoe &ururrEA3EHDfrtia: Big LtD nALPH L. UASOU TRUSTVOLUU£ S036. PAGE 382]O+R,0,C,Tn Mae ++22 XCR€S) '+b -\-b 'qh'h. b\\Xxx \\ g. IIM I I I DastPlo }BOtlVAY ta.w. AREA USrf A s T HIGHWAY J 80UNIVERSITY DRIVE)(VARIX8U WWIH hO.W,) DISTANCE E2ZHIBIBI 53.1 6' 596.08 75 1.87 90.SJ 1 48.28 1 59.78 66,52 pOpE%RIM N Of'07'4S- [s 88'jqEma S 88'31'34" [ S 83't6'39” [ S 88•t 8'24- E S 6S'51'S4" [ S 88'18'24- E N oil UNE Lg LI 0 L1 1 L12 LI ) L14 LtS LIB DISTANCE S8.1 7 t 69.SO 127. IS 101.S8 753.81Mm 8EAiTiB1S Ol•40'S4" v;–iFt 8.gw N 6S•51'S4" W N 88' 18'24"N 83'16'39" W H &8-3}'34- W BASIS OF BEARINGS:ALL BEARINGS ARE PER THEMOST EASTERN NORTH LINEOF THE DEED RECORDED INVOLUME 5036, PAGE 382] OFTHE DEED RECORDS OFDENTON COUNTY. TEXAS. moo t 1 4.8+ DELTA 28- 44'07'’ 22'26'30" 64'34' 1 4" 69'22'GO:s8M2 Bl•3£' 49” 67•25'30" 69'39'44- 22•26'30- 24.37 9.79 ss.2d 30.27 25.58 26.86a76 MsnHI CHORDBEARINGN 53•11'48" w 24.12 S 770S'09” [9.7] S S6•Ot'17- E BERg S 5r2s'09" E 28.45 N S6'28'24- E 24.48N SS.17'15" W E£BEgBI N S2•21'2S- W FRIBIBI N Sy2Bl32- W 28.56 N 77•OS’09- W [HIlIFB HmmNXlrlrrFEr7iiFTlrl rnRIFIMFnaF U DUFf EASEMENT, SITUATED IN THE W. POGUE SURVEY.ABSTRACT NO. 1012ITy (F DENTCXy, DENTON COUNW, TEXAShialjainPETER R. HINE, R.P.LS. NO. 5574GLOBAL LAND SURVEYING, INC.70+ CENTRAL PARKWAY CArr. SUITE 1214PLANO. T£XAS. 7507+ OHP;E %ii 1231--117oo8E-MAIL phhoOgls-inc.com EXHIBIT B (Alternative Easement) City Project: Easement Abandonment - 380 Multi-Family Development City Project (JDE) Number:Parcel Number: NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SANITARY SEWER EASEMENT THE STATE OF TEXAS,§ § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT City of Denton (“Grantor”), a Texas Municipal Corporation, , for and in consideration of the sum of Ten and No/100 Dollars ($10.00), the sufficiency of which is herein confessed, ,has hereby GRANTED, DEDICATED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, DEDICATE, BARGAIN, SELL and CONVEY unto the public use (“Grantee”) a perpetual sanitary sewer easement (the "Easement") in, along, upon, under, over and across the following described property, owned by Grantor, and situated in Denton County, Texas, located in the Survey, Abstract Number , commonly known as EASEMENT AREA DESCRIBED AND DEPICTED IN EXHIBIT “A”,ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining sanitary sewer pipelines, and all related facilities and appurtenances, respectively, in, along, upon, under, over and across said Easement, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Easement to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities or any part thereof. This Easement is subject to the following: 1 City Project: Easement Abandonment - 380 Multi-Family Development City Project (JDE) Number:Parcel Number: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Easement. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Easement, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Easement and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Easement by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Easement or that may encroach upon the Easement. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Easement without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Grantor’s Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Easement for any purpose that does not interfere with the City’s rights granted to it herein for the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the _day of , 2023. Printed Name : Title : 2 City Project: Easement Abandonment - 380 Multi-Family Development City Project (JDE) Number:Parcel Number: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ' 2023, by Notary Public, in and for the State of My commission expires: UPON FILING, RETURN TO: City of Denton-Real Estate401 N. Elm Street Denton, TX 76201 EXHIBIT "A" /1 gF§ ! ! iCB WE£rLEY POGUE SURVEYABSTRACT NO. 1012DENrON couNrY. TL\AS FOUND 1/2"CAPPEDIRON ROD."NOT LEGIBLE"FOR REFERENCE $$ S;iBeg E III I I 18.241 ACRES(794,594 SQ. Fr.)RALPH L. MASON TRUSTEEOF THE RALPH L. MASON TRUSTVOL. 4885. PG. 749.AND RALPH L. MASON TRUSTVOL. 5036. PG. 3523& VOL. 5040, PG. 1237 REPLAT OFPHASE ONE. LOT ONEOF THOMPSON ADDITION.CAB. E, PG.43P.R.D.C.T. OLD NORTH PARKADDITION. PHASE II-ADOC. #2016.21 10P.R.D.C.T. OLD NORTH PARKADDITION CAB.V. PG.873P.R.D.C.T. L26f’r(TIE) L16 L11 L13 L12 II 88 8 LOT 10, BLOCK ATHE SHOPSAT OLD NORTH CAB. X, PG. 622 hh-.q. JIIII I II LINE TABLE UNE # S 89'43'57' E L2 S 89'17'04" E S 84'47'39" EL3 S 83'40'04" E!S 84'43'OO- E S &4'10'lC' E S 88'51'34" E S 39'39'28" EL8 Lg S 74'29’57 E S 89'08'4r ELIO L1 1 S IO'18'Of" E S 79'41’5g WL12 N IO'18'Of" WL13 N 89'08'47' WL14 LINE TABLE N 74'29'52" W 96.68' N 39'39'28" W 26.77' N 88'51'34" W 121.gO' 168.76'N &4'10'18" W N &4'43'OO" W 249.68' 78.90'N 83'40'W' W N &4'47'39' W N 89'17'04" W N 89'43'57" W N OO'16'03" E 6.OO' 211 ,orN 14'53'14" W N IO•51'Of„ E N OO'18'18" E WILLIAM LLOYD SURVEYABSTRACT NO. 773 DENTON COUVIY. TEXAS ;Eg LEGENDPARENT TRACTADJOINER PROPERTY LINE• – – ABSTRACT LINEOVERHEAD ELECTRICEASEMENTEXISTING PIPELINE FENCE LINEXCS POWER POLE• FOUND MONUMENT0 CALCULATED CORNERCHANGE THE POINT OF BEGINNING IS LOCATED APPROXIMATELY2 MILES NORTHEAST OF DENTON, TEXAS I HEREBY STATE THAT THIS SURVEY WAS PERFORMED 05-02-2022 NO. 5854 DATE 1. BEARINGS, DISTANCES, AREA AND COORDINATES SHOWN HEREON ARECORRELATED TO THE TEXAS COORDINATE SYSTEM OF 1983. TEXAS NORTHCENTRAL ZONE (4202). ALL BEARINGS AND DISTANCES SHOWN ARE GRID.2. LATITUDE & LONGITUDE ARE MAD 83 DECIMAL GEOGRAPHIC3. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT ANDTHE REVIEW OF THE ABSTRACT OF TITLE. THERE MAY BE BASEMENTS AND/ORCOVENANTS AFFECTING THIS PROPERTY NOT SHOWN HEREON. LOCATION OFALL IMPROVEMENTS WAS BEYOND COMMISSIONED SCOPE OF THIS PROJECTAND HAS BEEN SPECIFICALLY OMITrED, VESTING DOCUMENTS NOT FURNISHEDFOR THIS SURVEY. STONEHAWK CAPITAL PARTNERS, LLC 2351 E. jIEEla=]lgElnEFIng[:I 16' UTILITY EASEMENTCENTERLINE # SITUATED IN WESTLEY POGUE SURVEY, ABSTRACT NO. 1012DENTON COUNTY. TEXAS TBPELS FIRM# 10193740 / 19148 I1!!I:11\>$[]iLJC) 1 1! 1 2 1 2 9 s 1cp ::: n:oB }:::: T\ Suite 3131 : : =BY r ::Y (817) 5291 180 - Fax (817) 5291 181 M==':'qB 0 DATE: 05/02/22 PAGE 1 OF 2 DATE: oW/22 [MIra 10340 2351 E UNIVERSITYDRlvE_16Fr ESMT nBa 0 EXHIBIT "A" METES AND BOUNDS DESCRIPTION BEING A 16' UnDE UTILITY EASEMENT SITUATED IN THE WESTLEY POGUE SURVEY. ABSTRACT NO. 1012, DENTON COUNTYTEXAS. AND BEING PART OF A 18.241 ACRES TRACT OF LAND CONVEYED TO RALPH L. MASON TRUSTEE OF THE RALPH L. MASONTRUST, RECORDED IN VOL. 4885. PG. 749, OFFICIAL PUBLIC RECORDS, OF DENTON COUNTY TEXAS, AND TO RALPH L. MASON TRUST,RECORDED IN VOL. 5036, PG. 3523, & VOL. 5040, PG. 1237, & VOL. 5040, PG. 1269, OFFICIAL PUBLIC RECORDS, OF DENTON COUNTYTEXAS. SAID 16' UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT (N: 7135766.20, E:2395049.54) IN SAID WESTLEY POGUE SURVEY. FROM WHICH A 5/8" IRON PIPE FOUND FOR THENORTHWEST CORNER OF SAID 18.241 ACRES TRACT BEARS N 14'53'14" W, A DISTANCE OF 211.07 FEET (TIE) THENCE S 89'43'57" E, A DISTANCE OF 368.42 FEET TO A POINT;THENCE S 89'17'04" E, A DISTANCE OF 194.56 FEET TO A POINT;THENCE S 84'47'39" E. A DISTANCE OF 172.88 FEET TO A POINT:THENCE S 83'40'04" E. A DISTANCE OF 178.91 FEET TO A POINT:THENCE S 84'43'OO" E, A DISTANCE OF 249.61 FEET TO A POINT;THENCE S 84'10'18" E, A DISTANCE OF 168.18 FEET TO A POINT:THENCE S 88'51'34" E. A DISTANCE OF 128.57 FEET TO A POINT:THENCE S 39'39'28" E, A DISTANCE OF 29.07 FEET TO A POINT;THENCE S 74'29'52" E, A DISTANCE OF 89.61 FEET TO A POINT;THENCE S 89'08'47" E, A DISTANCE OF 250.31 FEET TO A POINT. FROM WHICH THE CALCULATED NORTHEAST CORNER OF SAID 18.241ACRE TRACT BEARS N IO'51'Of" E, A DISTANCE OF 35.19 FEET (TIE), FOUND A FOUND 1/2" CAPPED IRON ROD "NOT LEGIBLE" BEARSN OO'18'18" E, A DISTANCE OF 270.79 FEET (TIE);THENCE S IO'18'Of" E, A DISTANCE OF 51.84 FEET TO A POINT:THENCE S 79'41'59" W. A DISTANCE OF 16.00 FEET TO A POINTTHENCE N IO'18'Of" W. A DISTANCE OF 38.68 FEET TO A POINT:THENCE N 89'08'47" W, A DISTANCE OF 239.21 FEET TO A POINTTHENCE N 74'29'52" W. A DISTANCE OF 96.68 FEET TO A POINT:THENCE N 39'39'28" W. A DISTANCE OF 26.77 FEET TO A POINT:THENCE N 88'51'34" W, A DISTANCE OF 121.90 FEET TO A POINTTHENCE N 84'10'18" W, A DISTANCE OF 168.76 FEET TO A POINTTHENCE N 84'43'OO" W. A DISTANCE OF 249.68 FEET TO A POINTTHENCE N 83'40'04" W. A DISTANCE OF 178.90 FEET TO A POINTTHENCE N 84'47'39" W, A DISTANCE OF 172.09 FEET TO A POINTTHENCE N 89'17'04" W, A DISTANCE OF 193.87 FEET TO A POINTTHENCE N 89'43'57" W. A DISTANCE OF 368.36 FEET TO A POINT THENCE N OO'16'03" E, A DISTANCE OF 16.00 FEET TO A POINT OF BEGINNING AND CONTAINING A TOTAL OF 29,895 SQUARE FEET OR0.686 ACRES, MORE OR LESS STONEHAWK CAPITAL PARTNERS, LLC M13tRIamMa=M 16' UTILITY EASEMENTCENTERLINE T#DESCRIPTIONl@Milaliim SITUATED IN WESTLEY POGUE SURVEY, ABSTRACT NO. 1012DENTON COUNTY. TEXAS TBPELS FIRM# 10193740 / 19148 HPts{qLJ] I+ E 21 9 EF:ndcs}HtTalsuite 313 (817) 5291 180 - Fax (817) 5291 181qB DRAWN BY: NH CHECKED BY: JCY SCALE: 1"=300' l l Ig HUll• DATE: 05/02/22 DATE: 05/02/22 PAGE 2 OF 2 [mira10340 2351 E UNIVERSIWDRIVE 16Fr ESMT nBa 0