2009-128sAour documents\ordinanees\09\pacitic street- excess row partial abandon ord.doc
ORDINANCE NO. 2009- ZZY
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING THOSE CERTAIN STREET RIGHT-OF-WAY TRACTS OF LAND
BEING APPROXIMATELY 0.037 ACRE AND 0.037 ACRE, RESPECTIVELY, AND
BEING PORTIONS OF THE RIGHT-OF-WAY OF PACIFIC STREET, IN THE W.
LOVING SURVEY ABSTRACT NUMBER 759 IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; ACCEPTING A PUBLIC ACCESS, FIRE LANE AND
PUBLIC UTILITY EASEMENT GRANT; PROVIDING FOR QUIT CLAIM
ASSIGNMENTS OF THE PACIFIC STREET RIGHT-OF-WAY TRACTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the adjoining
landowners, DNB Investments, Ltd. ("DNB"), a Texas limited partnership and Carroll-
Eagle Partners, Ltd. ("CEP"), a Texas limited partnership, to vacate and abandon certain
street right-of-way tracts; and,
WHEREAS, staff has reviewed the requested abandonment and has recommended
approval; and
WHEREAS, the City Council of the City of Denton, Texas has determined that
the subject street right-of-way tracts are excess property, being no longer needed for
public use as municipal street right-of-way; and
WHEREAS, the subject Pacific Street right-of-way tracts are further described
and depicted (i) as 0.037 acre "West Tract" in Exhibit DNB-B-1 and DNB-B-2; and (ii)
as 0.037 acre "East Tract" in Exhibit CEP-B-I and CEP-B-2, all being attached hereto
and made a part hereof for all purposes ("Pacific Street ROW"); and
WHEREAS, in consideration for the abandonment of the Pacific Street ROW,
DNB and CEP are granting to the City of Denton, effective as of the date of abandonment
of the Pacific Street ROW, an easement for public access, fire lane and public utility
purposes over, upon, in, under and across the Pacific Street ROW lands and other lands
as more particularly described in the Easement, as defined below; and
WHEREAS, the fair market value of the subject street right-of-way tracts
comprising the Pacific Street ROW has been determined and is being received by the
granting of the "Public Access, Fire Lane and Utility Easement", attached hereto as
Exhibit C and made a part hereof for all purposes (the "Easement'), in exchange for the
abandonment of Pacific Street ROW, as required by section 272.001 of the Local
Government Code, and Denton Texas Municipal Code Ch. 2, Art. IV (2006); NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Page 1
s lour d ocu men ts\ordinances\09\pact fic street - excess row partial abandon ord.doc
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The portions of Pacific Street, described herein as the Pacific
Street ROW and further described and depicted in (i) Exhibits DNB-B-1 and DNB-B-2;
and (ii) Exhibits CEP-B-1 and CEP-B-2, attached hereto, are vacated and permanently
abandoned as a municipal street, effective upon and concurrent with acceptance by the
City of Denton of the Easement.
SECTION 3. The Easement attached hereto and made a part of the ordinance for
all purposes is hereby approved and accepted.
SECTION 4. The fee ownership of the City to the Pacific Street ROW tracts, if
any, is hereby released by the City of Denton and will vest in the owners of the fee estate
of the adjacent lands, to the extent provided by law.
SECTION 5. The City Manager, or his designee, is hereby authorized to execute
on behalf of the City, quit claim assignments and or release instruments for the Pacific
Street ROW tracts.
SECTION 6. This ordinance shall become effective immediately upon its
passage and approval. 61
PASSED AND APPROVED this 2 - day of(~~ , 2009.
A \B URROT7GH,S-JK4AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: LhA
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: C'~
Page 2
Attachment to Ordinance EXHIBIT S-13-1
FIELD NOTES
WEST TRACT
01137 ACRE
BEING all that certain lot, tract, or parcel of land situated In the William Loving Survey
Abstract Number 759 in the City of Denton, Denton County, Texas, being a part of
existing Pacific Street right-of-way, and being more particularly described as follows:
BEGINNING at an iron rod found for comer, said point being the southeast comer of Lot
2, Block A of Carroll Park Plats Two, an addition to the City of Denton, Denton County,
Tess according to the plat thereof recorded in Cabinet Y, Page 548, Plat Records,
Denton County, Texas;
THENCE N 00° 35'41" W, 159.96 feet to with the east line of said Lot 2 to a point for
comer,
THENCE N 89° 24' 19' E. 1013 feet to a point for comer, said point being the
northwest comer of Lot 1. Block A, of Access First Capital Addition, an addition to the
City of Denton, Denton County, Texas according to the plat thereof recorded In Cabinet
Y, Page 545, Plat Records, Denton County, Texas;
THENCE S 00° 35'41m E, 160.02 feet with the west line Of said Access First Capital
Addition to a point for comer;
THENCE S 89° 46'W W. 9.76 feet to the PLACE OF BEGINNING and containing
0.037 acre of land.
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Attachment to Ordinance ~ EXHIBIT CEP4B-1
FIELD NOTES
EAST TRACT
0.037 ACRE
BEING all that certain lot, tract, or parcel of land situated In the William Loving Survey
Abstract Number 759 in the City of Denton, Denton County, Texas, being a part of Lot
1, Block A. of Access First Capital Addition, an addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded in Cabinet Y, Page 545, Plot
Records, Denton County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for comer, said point being the southwest comer of
that certain tract of land conveyed by deed from Vivien Starr to David E. Heasley and
wife, Kathleen Heasley recorded in Volume 1325, Page 846, Real Property Records,
Denton County, Texas;
THENCE S 00° 47'59' E, 69.13 feet to a point for comer,
THENCE S 000 3T 4T E, 69.77 feet to a point for comer,
THENCE S 000 06'38' E, 69.13 feet to a point for comer,
THENCE S 890 46' 54' W. 9.92 feet to a point for comer,
THENCE N 00° 35'410 W, 160.02 feet to a point for comer,
THENCE N 89° 31' W E. 9.81 feet to the PLACE OF BEGINNINGS and containing
0.037 acre of land,
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EXHIBIT "A "
EAST TRACT
BEING 0.037
ACRE IN
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THE WM. L 0 VING
SURVEY A - 759
CITY OF DEN TON
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Attachment to Ordinance-Exhibit C
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.
PUBLIC ACCESS, FIRE LANE AND UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
.
This Public Access Fire Lane and Utility Easement ("Easement) is made effactive
as of the 'Effective Date" hereof (as such term is defined herein), by and between DNB
Investments, Ltd., a Texas limited partnership with a principal business address of 525
South Carroll Boulevard, Suite 100, Denton, Texas 76201 ("DNB'), and Carroll-Eagle
Partners, Ltd., a Texas limited partnership with a principal business address of 300
North Elm Street, Suite 101, Denton, Texas 76201 (hereinafter, 'CEP") (DNB and CEP
each being a Grantor hereunder), and the City of Denton, Texas, a political subdivision
of the State of Texas, with a principal office address of 215 East Md(inney Street,
Denton, Texas 76201 (the 'City), as the Grantee (hereinafter, CEP, DNB, and the City
may be referred to individually as a'Party; or collectively as "the Parties").
RECITALS
WHEREAS, DNB is the owner of that certain 0.3238-acre tract or parcel of land
situated in the WILLIAM LOVING SURVEY, ABSTRACT NO. 759, in the CITY OF
DENroN, DENTON COUNTY, TFxns, being the some tract or parcel of land reflected in a
Correction Deed dated November 10, 2003, effective as of September 19, 2003, from
the City Of Denton, as the grantor thereunder, to Dale Irwin and Craig Irwin, collectively
as the Grantee, said Correction Deed filed for record on November 17, 2003 and
recorded under County Clerks' Rte No. 2003-188966 of the Real Property Records of
Denton County, Texas (the 9rwin Tracr) and
Page 1 of 18 Pages
WHEREAS, CEP is the owner of those certain two tracts or parcels of land
situated in the City of Denton, Denton County, Texas, being identified as `TRACT I' and
°TRACT II,' each tract respectively being more particularly described in 'EXHIBIT K
attached hereto and incorporated fully herein by reference thereto (hereinafter, both
TRACT I and TRACT II are collectively referred to as the "Access First Tract"); and
WHEREAS, situated within the City is a public right-of-way known as Pacific
Street, a part of which traverses over and along a portion of the common boundary line
existing between the Access First Tract and the Irwin Tract (said part of said right-o.
way hereinafter being referred to as the *Pacific Street ROW°); and
WHEREAS, the Pacific Street ROW is approximately 20-feet In width, the
centerline of which runs south from the northernmost Northwest comer of said Access
First Tract along and adjacent with the northernmost west boundary line of said Access
First Tract, for a distance of approximately 160 feet; and
WHEREAS, the City has agreed to effectuate an abandonment of the Pacific
Street ROW, whereupon, as a result thereof, all of the rights thereby abandoned by the
City would immediately and automatically proportionately vest unto CEP and DNB, the
abutting property owners; and
WHEREAS, in consideration for abandonment of the Pacific Street ROW by the
City, (a) DNB has agreed to grant to the City a public access, fire lane, and utility
easement, said easement running over and across that part of the Pacific Street ROW
automatically vesting into DNB as a result of the City's abandonment as aforesaid,
together with a portion of the Irwin Tract, and (b) CEP has similarly agreed to grant to
the City a public access, fire lane, and utility easement, said easement running over and
across that part of the Pacific Street ROW automatically vesting into CEP as a result of
the City's abandonment as aforesaid, together with a portion of the Access First Tract,
both grants being more fully described herein.
Page 2 of 18 Pages
NOW, THEREFORE, in consideration of the forgoing recitals and the mutual
covenants and agreements contained herein and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto agree as follows:
EASEMENT
1. EASEMENT PROPEIRTIES. The rights granted under this Easement apply to (a)
the DNB Easement Property, and (b) the CEP Easement Property, each being
respectively described as follows:
(a) The `DNB Easement Property" shall mean that certain tract of land
comprised of those two oertain contiguous parcels described herein as
"DNBW and "DNB-B," to-wit:
(t) DNB-A. Being all that certain 0.035-acre tract of land situated
in the Irwin Tract, and being more particularly described M
'EXHIBIT DNB-A-1; together with a map thereof reflected in
'EXHIBIT DNB-A-2,' both exhibits being attached hereto and
incorporated fully herein by reference thereto; and
(0) DNB-B: Beim aN that certain 0.037-acre tract of land situated
in the William Loving Survey, Abstract No. 759, in the City of
Denton. Denton County, Texas; said 0.037-acra tract being that
part of the Pacific Street ROW automatically vesting into DNB as a
result of the City's abandonment thereof, and being more
particularly described in 'EXHIBIT DNB-B-1," together with a map
thereof reflected In 'EXHIBIT DNB-B-2," both exhibits being
attached hereto and incorporated fully herein by reference thereto
(and being further identified therein as the 'West Tract').
Page 3 of 18 Pages
(b) The "CEP Easement Property/' shall mean that certain tract of land
comprised of those two certain contiguous parcels identified herein as
'CEP-A" and 'CEP-B; h>*t;
(i) CEP-A: Being all that certain 0.019-acre tract of land situated
in the Access First Tract, and being more particularly described in
'EXHIBIT CEP-A-1," together with a map thereof reflected In
"EXHIBIT CEP-A-2," both exhibits being attached hereto and
incorporated fully herein by reference thereto; and
(ii) CEP-B: Being all that certain 0.037-acre tract of land situated
in the William Loving Survey, Abstract No. 759, in the City of
Denton, Denton County, Texas; said 0.037-acre tract being that
part of the Pacific Street ROW automatically vesting Into CEP as a
result of the City's abandonment thereof, and being more
particularly described in 'EXHIBIT CEP-B-1; together with a map
thereof reflected in "EXHIBIT CEP-B-2," both exhibits being
attached hereto and incorporated fully herein by reference thereto
(arid being further identified therein as the `East Tract').
2. GRANT OF EASEMENTS.
(a) DNB GRANT. In consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable considerations in hand
paid by the Grantee herein named, the receipt and sufficiency of which Is
hereby acknowledged, DNB does hereby grant, bargain, sell, and convey
unto the City an easement and right-of-way over, upon, in, under, and
across the DNB Easement Property, subject to the terms hereof.
(b) CEP GRANT. In consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable considerations in hand
Page 4 of 18 Pages
paid by the Grantee herein named, the receipt and sufficiency of which is
hereby acknowledged, CEP does hereby grant, bargain, sell, and convey
unto the City an easement and right-of-way over, upon, In, under, and
across the CEP Easement Property, subject to the terms hereof.
(c) Grantor binds Gantors and Grantor's successors and assigns to warrant
and defend all and singular the property interests herein conveyed to
Grantee against every person whomsoever lawfully claiming or to claim
the some or any part thereof, by, through, or under Grantor, but not
otherwise.
4. EFFECTIVE DATE OF GRANTS; ALL GRANTS SUBJECT TO SATISFACTION
OF CONCURRENT CONDITION BY GRANTEE. All grants and conveyances to
the City of all rights under this Easement shall be effective only upon, and
coincident with, the effective date of that certain ordinance dut"assed and
approved by the City Council of the City of Denton, Texas, providing for the
conclusive and final abandonment of all rights of the City in and to the Pacific
Street ROW (the 'Effective Date'). Furthermore, the City hereby acknowledges,
covenants and agrees that all rights and interests granted under this Easement
shall become effective only upon, and coincident with, the effective date of the
passage and approval by the City Council of the City of Denton, Texas, of an
ordinance memorializing the formal abandonment of all rights of the City in and to
the Pacific Street ROW.
5. PURPOSE OF EASEMENTS. Each easement hereby granted is for the purpose
of (a) providing publioaccess to the general public (including vehicular and
pedestrian passage by DNB and its permitted users over the CEP Property);
and (b) providing uninhibited fry and egress to Grantee, and its authorized
officers and designees, over, scross, and through the DNB Easement Property and
the CEP Easement Property, for the purpose of (i) providing public safety
services, police, fire, and medical services, controlling and regulating traffic,
Page 5 of 18 Pages
enforcing the penal code and city ordinances, and enforcing traffic regulations
and controls; and (Ii) erecting, constructing, Installing, replacing, repairing,
operating, using, inspecting, reconstructing, moddying, removing and maintaining
err/ and all public utilities, together with all lines, pipes, conduits and other
equipment, improvements and appurtenances used in the supply surd provision of
public utilities. The public access, fire lane, and utility easement shall be open to
the public, fire and police units, and emergency services at all times.
6. ADDITIONAL TERMS AND CONDMONS. (Hereinafter, for all purposes of this
Section 6, the DNB Easement Properly and the CEP Easement Property shall be
collectively MOW to as the'Easerrent Property -w)
(a) The duration of the rights granted under this Easement are perpetual.
(b) Any recitals in this agreement are represented by the Parties to be
accurate, and constitute a part of the substantive agreement.
(c) DNB and CEP both further acknowledge and agree that the City, in
consideration of the benefits above set out, will remove from the DNB
Easement Property and the CEP Easement Properly, such fences, buildings,
and other obstructions as may now be found therein.
(d) CEP does hereby covenant and agree that it shall construct upon the
Easement Property a hard paving surface. CEP further covenants and
agrees that, after completion of the construction of the paving surface over
the Easement Property, It shall be responsible for the costs and e)penses
for maintenance, operation, and repair of the Easement Pmperty, and
compliance with all laws, regulations and ordinances affecting the
Easement Property. The design, construction, maintenance, and repair
of paving on and over the Easement Property shall be the sole
responsibility of CEP.
Page 6 of 18 Pages
(e) In addition, both DNB and CEP hereby grant and convey to the City, for
use as a temporary construction and maintenance easement only, as
much of the surface of each grantor's respective property that is adjacent
to the Easement Property as may be reasonably necessary for the
purpose of constructing, reconstructing, installing, repairing, and
maintaining public utilities, in, along, upon, and across said Easement
Property, of for the purpose of making additions to, Improvements on and
repairs to said public utility facilities or any part thereof.
(f) No buildings, fences, trees, shrubs, or other improvements or growths,
other than paving surface, shall be constructed, reconstructed, or placed
upon, over or across the easements granted herein.
(g) CEP further covenants and agrees that it shall post and maintain
appropriate signs and markings in conspicuous places along such fire
lanes, stating 'Fire Lane, No Parking'. The Fire Chief for the City or his
duty authorized representative is hereby authorized to cause such access
and fire lane to be maintained free and unobstructed at all times for Fire
Department use.
(h) This grant and the covenants made herein are binding upon and shall
Inure to the benefit of the Grantee and the Grantors hereunder, and their
heirs, successors, and assigns, and upon all future owners of the Access
First Tract, the Irwin Tract, or any part thereof, as applicable.
GRANTOR:
CEP
CARROLL-EAGLE PARTNERS, LTD., a Texas limited partnership
By: Trilogy Management, L.L.C., a Texas limited liability company, General Partner
Sy: Il ~ -
J. V. ST NG , anger
Page 7 of 18 Pages
GRANTOR:
DNB
DNB INVESTMENTS, LTD., a Texas limited partnership
By: Irwin Properties, Inc., a Texas corporation, General Partner
By: 0
CRAIG .IRWIN, ice-President
GRANTEE:
The City
The City of Denton Texas, a political subdivision of the State of Texas
Accepted this day of
of Denton, Texas (Resolution No..
By:
Paul Williamson, Real Estate Manager
The City of Denton, Texas
(31vv
STATE OF TEXAS §
COUNTY OF DENTON §
200 for the City
Before me, the undersigned authority, on this day personally appeared J. V.
STRANGE, Manager of Trilogy Management, L.L.C., a Texas limited liability company,
General Partner of CARROLL-EAGLE PARTNERS, LTD., a Texas limited partnership,
and personally known to me or proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the foregoing Instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed, in
his duly-authorbzed capacity thereof, for and on behalf of said limited partnership.
Given under my hand and seal of office this A day of 2009.
tate of T
CBEI Notary %blic, S
Page 8 of 18 Pages
STATE OF TEXAS
COUNTY OF DENTON
Before me, the undersigned authority, on this day personally appeared CRAIG C.
IRWIN, Vice-President of Irwin Properties, Inc., a Texas corporation, General Partner of
DNB INVESTMENTS, LTD., a Texas limited partnership, and personally known to me or
proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the foregoing instrument, end acknowledged to me that he executed the
some for the purposes and consideration therein expressed, in his duly-authorized
capacity thereof, for and on behalf of said limited partnership.
Given under my hand and seal of office this _tl_ day of / cd rrM 2009.
171
jzm &4)
Notary Publi to of Texas
UPON RECORDING RETURN ORIGINAL TO.
CITYOFDENTON
UTILITIES ENGINEERING DEPARTMENT
901-A TEXAS STREET
DENTON, TOM T&W
ATTN: PAUL WILLIAMSON
wN amm~on F~ as
Nowmber20, E012
Page 9 of 18 Pages
TRACTI
BEING Lot 1, Block A, of Access First Capital Addition, an addition to the City of
Denton, Denton County, Texas according to the plat thereof recorded in Cabinet Y,
Page 545, Plat Records, Denton County, Texas.
FIELD NOTES
TRACT II
0.232 ACRE
BEING all that certain lot, trail or parcel of land situated in the William Loving Survey
Abstract Number 759 in the City of Denton, Denton County, Texas, being all that certain
brad of land conveyed by deed from Carlos Maze to 518 Acme Ltd. recorded under
Document Number 2008-52615, Real Property Records, Denton County, Texas, and
being and being jnore particularly described as follows;
BEGINNING an iron rod found for comer the north line of Eagle Drive, a public
roadway nevi a variable width right-of-way, said point being the most southerly
southeast Jr of Lot 1, Block A. of Access First Capital Addition, an addition to the
City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet
Y, Page 545, Plat Records, Denton County, Texas;
THENCE N 00° 00' 50" W. 52.31 feet with an east fine of said First Acoesa Capital
Addition to an Iron rod found for comer at an inner ell of said Access First Capital
Addition;
THENCE N 89° 58' 39' E, pass at 143.27 fast an Iron rod found for west line of Myrtle
Street, a public roadway having a variable right-of-way, a total distance of 168.10 feet
with a south fine of said Access Rrst capital Addition to a P. K nag found for comer in
said Myrtle Street;
THENCE S 00° 00' 19' W, 60.05 feet with said Myrtle Street to a P. K nail found for
comer in said Eagle Drive;
THENCE N 89° 59' 34" W, 168.08 feet with said Eagle Drive to an iron rod hound for
comer,
THENCE N 00° 00' 50' W, 7.66 feet to the PLACE OF BEGINNING and containing
0.232 acre of land,
Page 10 of 18 Pages
FIELD NOTES
0.035 ACRE
BEING all that certain lot, tract or parcel of land situated In the William Loving Survey
Abstract Number 759 in the City of Denton, Denton County, Texas, being a part of that
certain tract of land conveyed by deed from the City of Denton to Dale Irwin and Craig
Irwin recorded under Document Number 2003-188966, Real Property Records, Denton
County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for comer in the east line of Carroll Boulevard, a
public roadway having a variable width fight-of-way, said point being the most westerly
northwest comer of Lot 1, Block A. of Access First Capital Addition, an addition to the
City of Denton, Denton County. Texas according to the plat thereof recorded in Cabinet
Y, Page 545, Plat Records, Denton County, Texas;
THENCE along the arc of a curve to the left having a central angle of 001 39' 50', a
radius of 1985.62 feet, an arc length of 23.00 feet, whose chord bears N 04° 58'5r W,
23.00 feet with said east line of Carroll Boulevard to a point for comer:
THENCE EAST, 22.16 feet to a point for comer,
THENCE along the are of a curve to the left having a central angle of 90" 35' 410
, a
radius of 25.00 feet, an are length of 39.53 feet, whose chord bears N 44° 42' 10' E,
35.54 feet to a point for comer,
THENCE N 00° 35' 41" W, 111.94 feet to a point for comer,
THENCE N 89° 24' 19' E, 1.87 feet to a point for comer,
THENCE S 00° 43'3r E, 159.96 feet to a point for comer in a north line of said Access
First Capital Addition;
THENCE S 89° 46' 54' W, 47.90 feet with said north line of said Access First Capital
Addition to the PLACE OF BEGINNING and containing 0.035 acre of land.
Page 11 of 18 Pages
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EASEMENT
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518 ACME. I
I DO R. 028005-6137 I
BEING
0.035
ACRE IN
THE WM,
LOVING
SURVEY
A-759
CITY OF
DENTON
DENTON
COUNTY,
TEXAS
DENTON, TEXAS 76207
(940) 382-4016
FAX (940) 387-9784
' MWNSY.• BTd SCAI6.' 1"-2O' D4 E.• 17ALR3US1:20N "NO -NW-
FIELD NOTES
WEST TRACT
0.037 ACRE
BEING all that certain lot, tract, or parcel of land situated in the William Loving Survey
Abstract Number 759 in the City of Denton, Denton County, Texas, being a part of
existing Pacific Street right-of-way, and being more particularly described as follows:
BEGINNING at an Iron rod found for comer, said point being the southeast comer of Lot
2, Block A of Carroll Park Place Two, an addition to the City of Denton, Denton County,
Texas according to the plat thereof recorded in Cabinet Y, Page 548, Plat Records,
Denton County, Texas;
THENCE N 00° 35' 41' W, 159.96 feet to with the east line of said Lot 2 to a point for
comer,
THENCE N 890 24' 19' E, 10.13 feet to a point for comer, said point being the
northwest comer of Lot 1, Block A, of Access First Capital Addition, an addition to the
City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet
Y, Page 545, Plat Records, Denton County, Texas;
THENCE S 00° 35' 41' E, 160.02 feet with the west line of said Access First Capital
Addition to a point for comer;
THENCE S 89° 46' 54' W, 9.70 feet to the PLACE OF BEGINNING and containing
0.037 acre of land.
Page 13 of 18 Pages
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LOT 2 B,.OCK A
CARROLv PARK
PLACE TWO
1 CAB. Y. PO 546
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DAVID E. HEASLEY AND
1NFE KATHLEEN HEASLEY
VOL 1325, PG. 846
R P-R.D.C.T.
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1 I ACRE IN
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I CITY OF DENTON
DEN TON COUNTY,
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DENTON, TEXAS 76207
ANDMAR1
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(940) 382-4016
SURVEYORS, LL C.
FAX (940) 387-9784
ORAWN&Y, 8TH SCALE. DATE.
11 NOIE.M&ER. 1008 JOB NO: 08666
FIELD NOTES
ACCESS EASEMENT
0.019 ACRE
BEING all that certain lot, tract, or parcel of land situated in the William Loving Survey
Abstract Number 759 in the City of Denton, Denton County, Texas, being a part of Lot
1, Block A, of Access First Capital Addition, an addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded in Cabinet Y, Page 545, Plat
Records, Denton County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for comer, said point being the southwest comer of
that certain tract of land conveyed by dead from Vivian Starr to David E. Heasley and
wife, Kathleen Heasley recorded in Volume 1325, Page 846, Real Property Records,
Denton County, Texas;
THENCE N 87" 20' 33' E, 2.19 feet with the south line of said Heasley tract to a point
for comer,
THENCE 8 00° 35' 41' E, 167.51 feet to a point for comer,
THENCE WEST. 57.65 feet to a point for comer,
THENCE along the arc of a curve to the left having a central angle of 33° 33' 22", a
radius of 20.39 feet, an are length of 11.94 feet, whose chord bears S 73" 03' 36" W,
11.77 feet to a point for comer in the east line of Carroll Boulevard, a public roadway
having a variable width right-of-way;
THENCE along the arc of a curve to the left having a central angle of 00" 18' 16", a
radius of 1985.62 feet, an are length of 10.55 feet, whose chord bears N 04° 29' 55" W,
10.55 feet with said east line of Carroll Boulevard to an iron rod found for comer, said
point being the southwest comer of that certain tract of land conveyed by deed from the
City of Denton to Dale Irwin and Craig Irwin recorded under Document Number 2003-
188966, Real Property Records, Denton County, Texas;
THENCE N 89" 46' 54" E, 67.59 feet with the south line of said Irwin tract to an iron rod
found for comer in the east line of an access easement shown on the plat of said
Access First Capital Addition;
THENCE N 00° 06' 38' W, 21.17 feet with said east line of said access easement to a
point for comer,
THENCE N 00" 3T 4T W. 69.77 feet with said east line of said access easement to a
point for comer;
THENCE N 00° 47'W W, 69.13 feet with said east line of said access easement to the
PLACE OF BEGINNING and containing 0.019 acre of land,
Page 15 of 18 Pages
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SURVEYORS, LLC.
MMAN STARR
TO
DAVID E. HEASLEY AND
WIFE KATHLEEN HEASLEY
VOL 1325. PG 848
R.P.R.D.C.T.
E
P.U.E
1?'
EASEMENT
PLAT
LOT 1, BLOCK A
ACCESS FIRST CAPITAL AODITMIV
CAB. Y, PG 50
P.RD.CT.
Pul ACCESS
EASEMENT
2 BEING 0.019
ACRE IN
THE WM. LOVING
SURVEY A-759
CITY OF DENTON
DEN TON COON TY,
TEXAS
DENTON, TEXAS 76207
(940) 382-4016
PAX (940) 387-9784
DRAWNBP.• BTf! SGfLB: J•-10' DATE 17AUGCAT.1008 JOB N& 08606
FIELD NOTES
EASTTRACT
0.037 ACRE
BEING all that certain lot, tract, or parcel of land situated In the William Loving Survey
Abstract Number 7591n the City of Denton, Denton County, Texas, being a part of Lot
1, Block A. of Access First Capital Addition, an addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded In Cabinet Y, Page 545, Plat
Records, Denton County, Texas, and being more particularly described as follows:
BEGINNING at an Iron rod found for comer, said point being the southwest comer of
that certain tract of land conveyed by dead from Vivian Starr to David E. Heasley and
wife, Kathleen Heasley recorded in Volume 1325, Page 846, Real Property Records.
Denton County, Texas;
THENCE S 00° 47' 59' E, 69.13 feet to a point for comer,
THENCE S 00° 3T 4T E, 69.77 feet to a pant for comer,
THENCE S 00' 06' 38` E, 69.13 feet to a pant for comer,
THENCE S 89° 46' W W, 9.92 feet to a point for comer;
THENCE N 00° 35'41 - W, 160.02 fast to a point for comer,
THENCE N 89° 31' W E. 9.81 feet to the PLACE OF BEGINNING and containing
0.037 acre of land,
Page 17 of 18 Pages
i
EXHIBR CEP48,2
MMAN STARR
TO
DAMD E. HEASLEY AND
"FE KATHLEEN HEASLEY
VOL. 1325, PC. 846
Ij I R.P.R.O.C.T.
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CITY OF DENTON
DENTON COUNTY,
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SURVEYORS, LLC.
DENTON, TEXAS 76207
(940) 382-4016
FAX (940) 387-9784
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