2008-130ORDINANCE NO. 2008--Z K-
AN ORDINANCE APPROVING AN INGRESS AND EGRESS EASEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS, AS GRANTOR, AND ONCOR
ELECTRIC DELIVERY COMPANY LLC, AS GRANTEE, REGARDING A 0.046
ACRE TRACT OF LAND LOCATED IN THE MYERS, JOHNSON, BRUMMET AND
GREENE SURVEY, ABSTRACT NO. 1699, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS, PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 91h day of June, 2008 the Public Utilities Board considered
this transaction and recommended approval thereof by a vote of 4 to 0; and
WHEREAS, the City Council finds that approval of an Ingress and Egress
Easement to Oncor Electric Company LLC ("Oncor") which is more particularly
reperesented in Exhibit "A" attached hereto and made a part hereof by reference (the
`Basement') is in the public interest; and
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herewith by reference.
SECTION 2. The Ingress and Egress Easement from the City of Denton, Texas, as
Grantor to Oncor Electric Delivery Company LLC., as Grantee, a copy of which
easement is attached hereto as Exhibit "A" and incorporated herewith by reference, is
hereby approved and the City Manager or his designee is hereby authorized to execute
said Easement on behalf of the City of Denton, Texas.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of~12008.
6 2yRq
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
Page 1
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BT ~jnV
Page 2
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.
INGRESS AND EGRESS EASEMENT
THE STATE OF TEXAS, 5
9 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 8
WHEREAS, The City of Denton, a municipal corporation, of Denton County,
Texas, herein after called °GRANTOR°, is the owner of a 1.33 acre tract
situated in the Myers, Johnson, Brummet and Greene Survey, Abstract No.
1699, Denton County, Texas; said tract being more particularly described
in a Deed being recorded January 4, 1983, in Volume 1185, Page 999, Deed
Records, Denton County, Texas.
AND, WHEREAS, GRANTOR desires to create an approximate Thirty foot (301)
Ingress and Egress Easement (hereinafter referred to as `EASEMENT") over
and across a portion of the property described in the aforementioned
Warranty Deed, for the benefit of ONCOR ELECTRIC DELIVERY COMPANY LLC,
of Dallas County, Texas, hereinafter called °GRANTEE", the said EASEMENT
being a 0.046 acre tract of land (the °Easement Property°) situated in
the Myers, Johnson, Brummet and Greene Survey, Abstract No. 1699, Denton
County, Texas; and being more particularly described on the EXHIBIT °A",
and illustrated on the EXHIBIT °B", attached and made a part hereof.
NOW, THEREFORE, for and in the consideration of the sum of TEN and
N01100 DOLLARS ($10.00), the receipt of which is hereby acknowledged by
GRANTOR, in hand paid by GRANTEE does hereby GRANT, BARGAIN AND CONVEY
unto GRANTEE, its successors and assigns, and easement for the purpose
of ingress and egress over, upon and across the aforementioned Basement
Property. Said EASEMENT shall be perpetual, shall run with the land and
title thereto, and shall be binding on and shall inure to the benefit of
the parties hereto, their successors or assigns, and any person who
shall hereafter acquire title to the subject Basement Property.
EXECUTED THE DAY OF JUNE, 2008.
By- CITY OF DENTON
George C. Campbell,'
City Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS 5
COUNTY OF DENTON I
This instrument was acknowledged before me oa2008
by George C. Campbell, City Manager, City of De ton, Texas.
..r JANE E. RICHARDSON
iI- Notary Public, State of Texas
My Commission Expires
li ~!tr, ~t'•` June 27. 2009
11
UPON FILING RETURN TO:
City of Denton
601 East Hickory Street, Suite B
Denton, Texas 76205
ATTN: Paul Williamson
N`t~lic, in and for
the State of Texas
My Commission Expires
PROJECT: KRUM TAP SWITCH
OWNER: THE CITY OF DENTON, TEXAS
SURVEY: MYERS, JOHNSON, BRUMMET AND GREENE SURVEY, ABSTRACT
No. 1699, DENTON COUNTY, TEXAS
EXHIBIT "A"
Being a permanent access easement situated in the Myers, Johnson, Brummet and Greene Survey,
Abstract No. 1699 Denton County, Texas, and being out of a 1.33 acre tract of land (by deed) deeded
to The City of Denton, Texas as recorded in Volume 1185, Page 999 of the Deed Records of Denton
County, Texas, said permanent access easement being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the easterly line of said 1.33 acre tract of land, from which a 1/2 inch iron
rod found for the southeast corner of said 1.33 acre tract of land bears South 18 degrees 57 minutes
13 seconds West, a distance of 122.94 feet;
THENCE North 01 degrees 00 minutes 40 seconds West, a distance of 113.41 feet to a point for the
beginning of a curve to the left having a radius of 25.00 feet, a central angle of 32
degrees 40 minutes 00 seconds and whose chord bears North 17 degrees 20 minutes 40
seconds West, a distance of 14.06 feet;
THENCE with said curve to the left, an arc length of 14.25 feet to a point for comer in the north
line of said 1.33 acre tract of land, said point being in the south line of Jim Christal Road
(an undedicated right-of-way), from which a 1/2 inch iron rod found for the northwest
comer of said 1.33 acre tract of land bears South 89 degrees 03 minutes 00 seconds West
(Reference Bearing), a distance of 237.02 feet;
THENCE North 89 degrees 03 minutes 00 seconds East, with the north line of said 1.33 acre tract
of land and with the south line of said Jim Christal Road, a distance of 27.89 feet to a
point for the beginning of a non-tangent curve to the left having a radius of 25.00 feet, a
central angle of 32 degrees 35 minutes 08 seconds and whose chord bears South 15
degrees 16 minutes 54 seconds West, a distance of 14.03 feet, from which a 1/2 inch iron
rod found for the northeast comer of said 1.33 acre tract of land bears North 89 degrees
03 minutes 00 seconds East, a distance of 22.15 feet;
THENCE with said non-tangent curve to the left, an arc length of 14.22 feet to a point for comer;
THENCE South 01 degrees 00 minutes 40 seconds East, a distance of 58.35 feet to a point for
corner in the easterly line of said 1.33 acre tract of land;
THENCE South IS degrees 57 minutes 13 seconds West, with the easterly line of said 1.33 acre
tract of land, a distance of 58.57 feet to the POINT OF BEGINNING, and containing
2,021 square feet or 0.046 acres of land, more or less.
Note: Basis of Bearings established from Trustee's Deed dated 01-04-1983 and recorded in Volume
1185, Page 999 of the Deed Records of Denton County, Texas, with controlling monuments shown
on this document.
Date: March 21, 2007
ry".
Curtis Smith
~t_°<
Registered Professional Land Surveyor
,
No
5494
; ,
.
K"FAR r AND MGM Of WAY
Yp, 2
EXHIBIT 19B 71 1
CURVE TABLE
cuRrE
RADIUS
DELTA
a1aRO BEAwNC
cHDRO
ARc
C-1
23.00
3740'00~
N 1T20'40'W
14.08
14.23
C-2
23.00
3T33'O8'
S 1616'54-W
14.03
14.22
JIM CHRISTAL ROAD
(AN UNDEDICATED RIGHT-OF-WAY)
EDGE a AsPIULr
LIKE _
102.343 ACRES (BY D®)
li ROBERT N. AND JWYIE G. NOBLES
~ CHARITABLE REMAINDER UNTIRUSf
I ~ VOLUME 2897, PAGE 993
D.R.D.C.T. I
to
a /
- / Lr-L-2 PROPERTY LINE
FND 1/21R 3 89'OS'OOIY 237.02'
(REFERENCE BEARING) C-1-
0 0c
O~5J FO I
0'A'
GQ PGAI
X74 v; 4S '
REMAW40ER OF
EAGLE FARWIS. INC. AND
C.C.F. NO. 93-80077939
691. ACRES (BF DEED)
JOIN POKIER AUK) SALE. INC.
D.R.D.C.T.
/
1.33 ACRES (BY DEED) /
THE CRY OF DEMON, TEXAS
VOLUME 1185, PAGE 999 /
D.R.D.C.T. /
PROPERTY LINE
TEXAS POWER fit LIGHT COMPANY--EASEMENT AND RIGHT-OF-WAY
VOLUME 368, PAGE 81 /
LINE BEAIBNO p3FANCE
L-3 N 09'0.7 00 22.13
L-1
N 07'00'10
11].11
L-2
N 09'0100
27A9
L-4
3 Ol'0010~
30.35
L-3
3 10'ST131Y
3&37
D.R.D.C.T.
/
/
/
/
7 \
/ aW
REMAINDER OF
691.64 ACRE (If1 D®)
' P.
EAGLE FARMS. INC. AND
JOHN PORTER AUTO SALES. INC.
iipq
l h/r /
/ h /
fND 1/2'18 /
/
L/
/
C.C.F. N0. 93-80077939
D.R.O.C.T.
/ 80 40 0 80
/ SCALE IN FEET
MONUMENTS SHOWN ON THIS DOCUMENT
NOTE: BASIS OF BF/IR7NG5 FSIABLIS}Im FROM 11iUS1EE'S DFFD p17ED
01-01-1983 AM RMOIiOFD W VOLUME 1165, PAGE 999 OF THE
0® RECORDS OF DENIDN COIRlIY, TE71IS, 9rR1 CONIROl11Nc
TXU
~ Electric Delivery
1 KRUM TAP SWITCH I
F~a~Lii ~ll:i.^:?~::I~:i::g7 !7i~:Dlriia:I~ilJ:i~a/f!::71~::,7fl+i•3.7~,Ia:IL~^ti,7lila ~~y
i
/ PROPERTY U1
OF ASPHALT
FND 1/2lR
-C-2 /
L-4 /
CtIF-....r.ra..
LAND