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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. i 1 it J U Attachmen t to Ordinance EXHIBIT DNB-3.2 WAN STARR TO DAVID E. HEASLEY AND WE KATHLEEN HEASLEY I VOL 1325, PG. 846 ~ I a P.R.D.C. T. N °9'2419 1 I I I I I ~I ~1 1 I I LOT A BOCK A I I CARRa, PARK PLACE TWO 1 I CAB. Y. PG 546 P R.D.C. T. I ~ II LOT 1, BLOCK A ' ACCESS FIRST CAPITAL A0017M CAR Y, PC 545 P.R.0.G T. 4 i Itl 1 1 i 't 1 :I 1! I II 1 1 WEST TRACT BEING 0.037 I ACRE IN THE WM. L O VING SURVEY A-759 _ I CITY OF DEN TON DEN TON COUNTY, POB--\ TEXAS F_t~ I '34- W i 5 99'46 6 I _9 .l 41J1f !-3J /V(J/CM tANDMAM DENTON, TEXAS 76207 (940) 382-4016 SURVEYORS, LLC FAX (940) 387-9784 DRAW A' 8Y• 8TH SCALE, 1411j' DATE. 1 / NOl EMBER MB .108 Na. 68606 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, r-- 1 1 i i 1 i I 11~ a > 1 Lu J i ~c > I ~v U VIVIAN STARR TO DAVID E. HEASLEY AND WIFE KATHLEEN HEASLEY VOL. 1525, PG. 848 Q I R.P.R.D.C.T. N 89:31'54' E II I I I II i I tor z. BLOCK A 1 CARROLL PARK iI PLACE TWO CAB. Y. PG. 546 I P R.D CT I II I I I 1 1 I II I II I I~ I 'I 1 Y. i 5_ tANDMA4 SURVEYORS, LLC. Attachment to Ordinance EXHIBIT CEP B-2 I I 1 1 LOT 1, BLOCK A ' ACCESS FIRST CAPoTAL AODIRON i CAB. Y. PG. 545 P.R.D.C. T 1 EXHIBIT "A " EAST TRACT BEING 0.037 ACRE IN ° THE WM. L 0 VING SURVEY A - 759 CITY OF DEN TON DENTON COUNTY, TEXAS S 0'06 J6' f I~ W J DENTON. TEXAS 76207 (940) 382-4016 FAX (940) 387-9784 DRA ICV B} 81-11 JOB NO., 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 MlBIT DNB-A-2: , N 89 8~9' £ CITY OF WVTON TD DALE WNW AND CRAIG IRNNV DOC /QOD.T-19'8966 R. P.R.0.CT. li s m$g"5~ / 14AhADPALAM SURVEYORS, LLC. Rs2800' L-MAr cd-3554' 09095'42''10' £ MAN STARR TO DAVID E. HEASLEY AND VAFE KATHLEEN HEASLEY VOL 1325, PG. 806 RP.RA.C.T. I ` 'x20' P.U.E. II 12' ACCESS £As!£NT PER PLAT I LOT 1, BLOCK A ACCESS FLPST CAPITAL AOOIRQV CAB. Y, Pa 515 P.R.O.C T. I e ACCESS EASEMENT ss~~5f- w ~ ~ ~ J 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 1 I 1, 1 R 1 LOT 2 B,.OCK A CARROLv PARK PLACE TWO 1 CAB. Y. PO 546 l P R.O.C. T 1 0 J U I VIVIAN STARR TO DAVID E. HEASLEY AND 1NFE KATHLEEN HEASLEY VOL 1325, PG. 846 R P-R.D.C.T. it I :I I~ it ,I I II 'I II 1 I 'I II 1 LOT I, BLOCK A ' I ACCESS F.•RST CAPITAL AD01170 CAO Y, PC. 545 P.R.O.C. T. •I it I T WES T TRAC T BEING 0.037 1 I ACRE IN THE WM. L O VING I • ; SURVEY A - 759 I CITY OF DENTON DEN TON COUNTY, j' PPB--\ TEXAS •I f.:N ~ S I 9634!-3J /vut (n 1 t DENTON, TEXAS 76207 ANDMAR1 ; (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 ruts-p_,= II ~ I~ I Ii I 1 1 li I II I CITY OF aExmN ~ to DALE MW AND CRAIG fi?WM DO-- Poo-,t-l&ww R.P.R.ar. T. 120' ' I 1 1 1 any ~ F1/L q N ~ID U I I~ 1 I~ I I~ 3 1 1 1 I FAP- 3k R=Z039 LaI1.W' oal=11.77' on-s ~3o3,Te- w n-33~T'22 t4~2--ff 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. I N @9:31 S4' £ r I I I OB I I I I I I II _ I Oi I b ,-or 2. BLOCK A W CARROLL PARK II m PLAf.'E TWO I h CAB Y. PG 546 1 P R.O C.T II c I I 1 ! I f ! b I I I I i ! LOT 1, BLOCK A ! ACCESS nR5T CAPITAL AM" 1~ ! CAB. Y. PG. 545 P.R.D.C. T. 3 EXH/BI T "A " e EAST TRACT i BEING 0.037 ACRE IN L 0 VING THE WM . SURVEY A-759 CITY OF DENTON DENTON COUNTY, _ TEXAS s OTU'.3B' E 21.17 t' 1 1 1 1 t 1 -T s 99.46.5,4N w 92 9. i 1 D I~r °Ca 1 4~ .1 J` ~v U tANAVIAR SURVEYORS, LLC. DENTON, TEXAS 76207 (940) 382-4016 FAX (940) 387-9784 DRAN:'YB} BT3! SCAII 2P--M QW6: P1 'EMBENP 2M JOB NO;_AMW