2006-351
S:\Our Documcnts\Ordinances\06\Nowlin Road ROW Abandonment Agreement Ordinance.doc
ORDINANCE NO. 200(0-35/
AN ORDINANCE APPROVING A RIGHT-OF-WAY ABANDONMENT AGREEMENT
BETWEEN THE CITY OF DENTON, WHEELER RANCH LTD., AND CENTEX HOMES,
FOR THE ABANDONMENT OF A PORTION OF NOWLIN ROAD LOCATED BETWEEN
SADDLEBACK DRIVE AND THE PROPOSED F.M. 2499, BEING A PORTION OF
ROADWAY ADJACENT TO WHEELER RIDGE, PHASES TWO, AND FOUR, ADDITIONS
TO THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DENTON;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Right-of-Way Abandonment Agreement between the City of Denton,
Wheeler Ranch Ltd., and Centex Homes in substantially the form of the agreement attached
hereto and made part of the ordinance for all purposes (the "Agreement") is hereby approved.
I
SECTION 2. The City Manager or his designee is hereby authorized to execute the
Agreement and any other documents necessary to complete the abandonment on behalf of the
City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. i
. fit
PASSED AND APPROVED this the ./ q _Z day of f... Dtr1.i!m O~ r, 2006.
~~:~
,
,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY'
BY:
Qal1P A;!AAA dDrl, Oul;.
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTO NEY
BY: ---0-
RIGHT-Of-WAY ABANDONMENT AGREEMENT
THIS RIGHT-Of-WAY ABANDONMENT AGREEMENT (this "Agreement") is entered
into effective as of the date set forth below, by and between the City of Denton, Texas, a home
rule municipal corporation (the "City"), Wheeler Ranch, Ltd., a Texas limited partnership
("Wheeler Ranch"), and Centex Homes, a Nevada general partnership ("Centex") (Wheeier
Ranch and Centex are collectively referred to herein as the "Landowners"; and are sometimes
individually referred to herein as a "Landowner").
WHEREAS, Centex is the developer of Wheeler Ridge Phases One, Two, Three and
Four, additions to the City of Denton, Texas (collectively, the "Development"); and
WHEREAS, Centex has requested that the City abandon a portion of Nowlin Road
between Saddleback Drive and proposed F.M. 2499 ("Proposed F.M. 2499") located on the real
property as more particularly described on Exhibit "A", illustrated on Exhibit 'B", and also
depicted and labeled as Tract 1 on Exhibit "E", all of which are attached hereto and made a part
hereof by reference (the "Centex Abandonment Area"); and
WHEREAS, Wheeler Ranch has requested that the City abandon a portion of Nowlin
Road between Saddleback Drive and Proposed F.M. 2499 located on the real property as more
particularly described in Exhibit "C", illustrated on Exhibit "D", and also depicted and labeled as
Tract 2 on Exhibit "E", all of which are attached hereto and made a part hereof by reference
(the "Wheeler Ranch Abandonment Area"); and
WHEREAS, Centex is the abutting and underlying fee owner of the . Centex
Abandonment Area; and
WHEREAS, Wheeler Ranch is the abutting and underlying fee owner of the Wheeler
Ranch Abandonment Area (the Centex Abandonment Area and the Wheeler Ranch
Abandonment Area are collectively referred to herein as the "Abandonment Area"); and
WHEREAS, subject to the terms of this Agreement, the City has agreed to (i) abandon
the portion of Nowlin Road located within the Abandonment Area (the "Existing Right-of-Way"),
(ii) deliver a quitclaim deed quitclaiming all of the City's right, title and interest in and to the
Centex Abandonment Area to Centex (the "Centex Quitclaim Deed"); and (iii) deliver a quitclaim
deed quitclaiming all of the City's right, title and interest in and to the Wheeler Ranch
Abandonment Area to Wheeler Ranch (the "Wheeler Ranch Quitclaim Deed"); and
WHEREAS, Centex (i) has constructed, at its expense, and the City has accepted, a
replacement road system within the Development, and (ii) will construct, at its expense, the
Temporary Road (as hereinafter defined) (collectively, the "Replacement Road System"), which
removes the need for the Existing Right-of-Way and the Abandonment Area; and the value of
the Replacement Road System exceeds the value of the Existing Right-of-Way and the
Abandonment Area.
1
u:\land\single-family\wheeler ridge\abandonment\city approved\caapprovednowlin road row abandonment agreement v3.doc
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the City and the Landowners hereby agree as follows:
1. The City shall abandon the Existing Right-of-Way and the Abandonment Area upon
(i) Centex's completion of the construction of a temporary road within the
Temporary Access Easement Property (as hereinafter defined) and a portion of the
Dedicated Property (as hereinafter defined) as generally depicted and labeled as
the Temporary Road (herein so called) on Exhibit "E" attached hereto, which
Temporary Road provides connectivity from Highpoint Drive to the remaining
portion of Nowlin Road as shown on Exhibit "E" (the "Work"); and (ii) the City's
acceptance of the Work (the "City's Acceptance"). Upon the City's Acceptance, the
City Manager, or his designee is authorized to. execute and deliver the Centex
Quitclaim Deed to Centex and the Wheeler Ranch Quitclaim Deed to Wheeler
Ranch, evidencing the abandonment of the Existing Right-of-Way and the
Abandonment Area.
2. Upon the City's Acceptance, Centex hereby agrees to grant to the City, a
temporary access easement (in the form attached hereto as Exhibit "F") in, over
and across the real property described in Exhibit "G" attached hereto (the
"Temporary Access Easement Property").
3. The City acknowledges that Centex has dedicated right-of-way for Proposed F.M.
2499 (the "Dedicated Property") pursuant to the plat for Wheeler Ridge Phase
Four, recorded in Cabinet W, Slide 677 of the Plat Records of Denton County,
Texas.
4. Centex, at its sole cost and expense, shall perform the Work or cause the Work to
be performed in a good and workmanlike manner in conformance with sound and
generally accepted engineering and construction activity practices. In performing
the Work or causing the Work to be performed, Centex shall at all times use the
Existing Right-of-Way, and construct the Replacement Road System, in full
compliance with all applicable federal, state, municipal, or other laws, statutes,
codes, restrictions, regulations, ordinances and orders.
5. Any existing public utilities will remain in the Abandonment Area, except the City
will permit their relocation, at the sole expense of the applicable Landowner, as
long as the applicable Landowner grants a utility easement(s) (in a form and
substance reasonably acceptable to the City and the applicable Landowner) in,
over and across the real property upon which the applicable public utility has been
relocated.
6. Centex is responsible for the removal of the asphalt, curb, and gutter from the
Abandonment Area (the "Removal"). Centex will use commercially reasonable
efforts to protect all public utilities during the Removal.
2
u:\land\single-family\wheeler ridge\abandonment\city approved\caapprovednowlin road row abandonment agreement v3.doc
IN WITNESS WHEREOF, this Agreement has b~n executed by the Jarties on the
respective dates set forth below, to be effective the /fIt? day of dJlt!fJYI Iff, 2006.
CENTEX HOMES
a Nevada general partnership
WHEELER RANCH, LTD.
a Texas limited partnership
By: Centex Real Estate Corporation
a Nevada corporation
Its: managing general partner
Its:
Steven H. agee
Vice President of Land
Dallas/Fort Worth Me
}.h {!C#'tha 70. 7IJtJ tJ
/
By: Eastern Development No.1, Inc.
a Texas corporation
Its: general
By:
By:
Its:
Date:
Date:
/( 2z--ob
CITY OF DENTON
<rf.~-~
eorge ampbell, City Manager
Date: / z - / 1- 0 b
ATTEST:
BY:
~/ tjth cud~Jm ad.
J NIFER WALTERS, CITY SECkETARY
APPROVED~EGA
BY: ~L
EDWIN M. SNYD ,CITY ATTORNEY
3
u:\land\5ingle~family\wheeler ridge\abandonment\city approved\caapprovednowlin road row abandonment agreement v3.doc
EXHIBIT "A"
METES & BOUNDS DESCRIPTION
NOWLIN ROAD R.O.W. ABANDONMENT
BEING a 0.292 acre tract of land located in the Berry Merchant Survey, Abstract No. 800, City
of Denton, Denton County, Texas, being a portion of Wheeler Ridge Phase Thee, an addition to
the City of Denton, Denton County, TeXas, according to the plat recorded in Cabinet V, Pages
991-993, and as Amended in Cabinet W, Pages 538-540, of the Plat Records, Denton County,
Texas, and being a portion of called 253.926 acre tract of land described in the Special Warranty
Deed to Centex Homes, a Nevada general partnership, filed for record in Volume 5105, Page
3753, of the Deed Records, Denton County, Texas, said 0.292 acre right-of-way abandonment
being more particularly described as follows:
COM1\1ENCING at the Southernmost corner of Let 104, Block D, of said Wheeler Ridge Phase
11iree, common to the Westernmost comer of Lot lOS, Block D, and being on the Northeast right-
of-way line of Saddleback Drive. a 50.00' right-of-way;
THENCE South 41 degrees 28 minutes 40 seconds East, along said Northeast right-of-way line,
a distance of 60.21 feet, to the POINT OF BEGINNING for the herein described 0.292 acre
tract of land;
THENCE South 89 degrees 59 minutes 07 seconds East, departing said Northeast right-of-way
line, and over and across said Centex Homes tract, a distance of220.64 feet, to a point for corner;
THENCE South 41 degrees 28 minutes 40 seconds East, a distance of 6.61 feet, to a point for
comer;
THENCE South 48 degrees 31 minutes 15 seconds West, a distance of 4,60 feet, to a point for
comer;
THENCE South 89 degrees 59 minutes 07 seconds East, a distance of 631.44 feet, to a point for
comer, said point being the proposed Northeast corner of Lot 38X, Block T (BOA Common
Area), and the Northwest corner of proposed FM 2499, a 120.00' right-of-way, of future Wheeler
Ridge ,Phase Four, and being the beginning of a non-tangent curve to the left having a radius of
1,260.00 feet; .
THENCE along said curve to the left, in a Southerly direction, and along the West right-of-way
line of said FM 2499, through a central angle of 00 degrees 32 minutes 44 seconds, an arc length
of 12.00 feet, and having a long chord which bears South 00 degrees 16 minutes 30 seconds
West, a chord length of 12.00 feet, to a point for corner;
THENCE North 89 degrees 59 minutes 07 seconds West, over and across said Centex Homes
tract, and future Wheeler Ridge Phase Four, a distance of 887.79 feet, to a point for comer in
Saddleback Drive, a 50.00' right-of-way;
THENCE Due North, a distance of20.00 feet, to a point for comer;
THENCE South 89 degrees 59 minutes 07 seconds East, a distance of 34.84 feet, to the POINT
OF BEGINNING and containing 0.292 acres (12,716 square feet) of land.
fAAed Exhibit "B" date~ J
20,2006
Merle W. Mille
Registered Professional
Land Surveyor 5438
State of Texas
Date: 06120/06
EXHIBIT "B"
R.O.W. ABANDONMENT
LOCATED IN mE BERRY MERCHANT SURVEY, ABSTRACT NO. BOO
CITY OF DENTON, DENTON COUNTY. TEXAS.
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SURVEYOR'S CERTIFlCA nON
I, Merle W. Miller, Reg/stered Professional Land Surveyor. hereby
stote that this exhibit was made from an actual on the ground
k\i(k~l~
Registered Professional Land
Surveyor No. 5438
State of Texas
NOTES
1). THE BASIS OF BEARING FOR THIS EXHIBIT /5, THE EAST
RIGHT-OF-WAY LINE OF TEASLEY LANE AS SHOWN ON THE FINAL
PLA T OF WHEELER RIDGE PHASE THREE, RECORDED IN CAB. V.
SLIDES 991-993, OF THE PLA T RECORDS OF DENTON COUNTY.
TEXAS (BEING N02"OS'S6"W).
2). SEE LEGAL OESCRIPnON EXHIBIT -A"; VA TED 06/20/06
DATE: 06/20/06 SOJL'. - 200' ORAIIm BY: J.P.J. CHECKED 8Y:,(I.H:',(I. JOB. NO.:
DETAIL "A"
WHffi.ER RANCH L ro.
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LEGEND lit ABBREVIATIONS
VOL. VOLUME
PC. PACE
CAB. CABINET
SLDS. SUOES
R.O.W RIGHT-OF-WAY
C. fR. S. CAPPED IRON ROD SET
STAMPED "MYCOSKIE MCINNIS"
IRON ROD FOUND
POINT OF BEGINNING
PLA T RECORDS.
DENTON COUNTY. TEXAS
DEED RECORDS
DENTON COUNTY. TEXAS
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$41'28'40"[ 6.61'
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EXHIBIT "C"
METES & BOUNDS DESCRIPTION
NOWLIN ROAD RIGHT-OF-WAY ABANDONMENT
BEING a 0.115 acre tract of land located in the Berry Merchant Survey, Abstract No. 800, City
of Denton, Denton County, Texas, being a portion of the remainder of a called 167.477 acre tract
of land as described in the Special Warranty Deed to Wheeler Ranch, Ltd., a Texas limited
partnership, filed for record in County Clerk Document No. 99-R0020100, of the Deed Records
of Denton County, Texas; said 0.115 acre right-of-way abandonment being more particularly
described by metes and bounds as follows:
COMMENCING at the Southernmost comer of Lot 104, Block D. of Amended Wheeler Ridge
Phase Three, an addition to the City of Denton, Denton County, Texas, according to the plat
recorded in Cabinet W, Pages 538-540, of the Plat Records, Denton County, Texas, common to
the Westermnost comer of Lot 105, Block D, and being on the Northeast rightwof-way line of
Saddleback Drive, a 50.00' rightwof-way;
THENCE South 41 degrees 28 minutes 40 seconds East, along said Northeast right-of-way line,
a distance of 60.21 feet, to a point for comer;
THENCE South 89 degrees 59 minutes 07 seconds East, departing said Northeast right-of-way
line, and over and across the remainder of a called 253.926 acre tract of land as described in
Special Warranty Deed to Centex Homes, a Nevada general partnership, ftIed for record in
Volume 5105, Page 3753, said Deed Records, a distance of 220.64 feet, to the POINT OF
BEGINNING for the herein described 0.115 acre tract of land;
THENCE South 89 degrees 59 minutes 07 seconds East, over and across said Wheeler Ranch
remainder tract, a distance of 632.47 feet, to a point for corner, and being the beginning ofa non-
tangent curve to the left having a radius of 1,260.00 feet;
THENCE along said curve to the left, in a Southerly direction, and along the West right-of-way
line of said FM 2499, through a central angle of 00 degrees 21 minutes 49 seconds, an arc length
of 8.00 feet, and having a long chord which bears South 00 degrees 43 minutes 47 seconds West,
a chord length of 8.00 feet, to a point for comer, and being the proposed Northeast comer of Lot
38X, Block T (BOA Common Area), and the Northwest comer of proposed FM 2499, a 120.00'
right-of-way, also being on the North line of said future Wheeler Ridge ~hase Four;
THENCE North 89 degrees 59 minutes 07 seconds West, along said North line, a distance of
631.44 feet, to a point for comer on the Southeast line of a 100' T.P.& L. easement, filed for
record in Volume 373, Page 246, of said Deed Records, and being the Northernmost comer of
Lot 3, Block T, of said future Wheeler Ridge Phase Four;
THENCE North 48 degrees 31 minutes 15 seconds East, along said Southeast line, a distance of
4.60 feet, to a point for corner;
THENCE North 41 degrees 28 minutes 40 seconds West, departing said Southeast line, a
distance of 6.61 feet, to the POINT OF BEGlNNING and containing 0.115 acres (5,040 square
feet) of land.
~-,."~,.~ -".'.G'~
Merle w. M~ Date: 06/27/06
Registered Professional
Land Surveyor 5438
State of Texas
EXHIBIT "n"
RIGHT-OF-WAY ABANDONMENT
LOCATED IN THE BERRY MERCHANT SURVEY, ABSTRACT NO. BOO
CITY OF DENTON, DENTON COUNTY, TEXAS.
IX
COMMON
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DETAIL "A"
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~mER RANCH LTD.
CC NO. 99-ROO20100
D.R.D.c.r.
R.o. w. ASANDONJIENr
0.115 ACRES
(5.040 SO.IT.)
589"59'OrE 6.32.47'
6
RfUAlN
2~926 ACRE TRACT
CENTEX HOME
VOL. 5105, PC. .J75J,
J7U~ED.X~ RIDGE
liT 5
SURVEYOR'S CERnnCA nON
/, Merle W Miller, Registered Professional Land Surveyor, hereby
state that this exhibit was made from on actual on the ground
-~ ,,- . -~., ~[~-
2006
Merle W. Mille e: June 27,
Registered Professional Land
Surveyor No. 5438
State of Texas
NOTES
1). THE BASIS OF BEARING FOR THIS EXHIBIT IS THE EAST
RIGHT~OF-WA Y LINE OF TEASLEY LANE AS SHOWN ON THE
AMENDED PLA T OF WHEELER RIDGE PHASE THREE. RECORDED IN
CAB. W. SLIDES 538-540. OF THE PLA T RECORDS OF DENTON
COUNTY, TEXAS (BEING N02VS'S6"W).
2). SEE LEGAL DESCRIPnON EXHIBIT "C", DA TED 06/27/06
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LEGEND &- ARRR1i!VTATIONS
VOL. VOLUME
PC. PAGE
CAB. CABINET
PCs. PAGES
R.O. W. R/GHT-OF-WA Y
C.1.R.s. CAPPED IRON ROD SET
STAMPED "MYCOSKIE MCINNIS"
IRON ROD FOUND
POINT OF BEGINNING
PLA T RECORDS,
DENTON COUNTY. TEXAS
DEED RECORDS
DENTON COUNTY. TEXAS
PROPERTY LINE
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WHEELER RIDGE
PHASE 4
NOWLIN ROAD
ABANDONM
ENT EXHIBIT "E"
.
EXHIBIT "F"
After recordina. return to:
Centex Homes
1603 LBJ Freeway, Suite 700
Dallas, Texas 75234
Attention: Linda Signer
TEMPORARY ACCESS EASEMENT
This Temporary Access Easement (this "Easement") is made by and between the City of
Denton, Texas, a home rule municipal corporation ("Grantee"), and Centex Homes, a Nevada
general partnership ("Grantor").
RECITALS
A. Grantee and Grantor have entered into that certain Right-of-Way Abandonment
Agreement effective as of J ;;t - I 'Y , 2006 (the "Aqreement").
B. Pursuant to the Agreement, Grantor now grants to Grantee a non-exclusive
temporary easement over the real property described on attached Exhibit A and depicted on
attached Exhibit B (the "Easement Propertv").
NOW, THEREFORE, in consideration of the foregoing and of the promises, covenants
and agreements herein contained, and of other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree to the following:
1. Easement. Grantor hereby grants and conveys to Grantee, its successors and
assigns, a non-exclusive temporary easement in, over and across the Easement Property for the
purpose of the construction, operation and maintenance of a temporary road on the Easement
Property (the "Temporary Access Road") to provide ingress and egress between Highpoint Drive
and the right-of-way of F.M. 2499 as depicted on Exhibit B attached hereto.
2. Term. This Easement shall automatically terminate, without any further action
by the parties hereto, when (i) a road has been constructed in accordance with construction
plans approved by the Grantee within the portion of proposed F.M. 2499 (adjacent to Lot 38X of
Block T to the intersection of Hickory Creek Road) shown on the plat of Wheeler Ridge Phase
Four, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet W, Page
677 of the Plat Records of Denton County, Texas (the "Improvements"); and (ii) the
Improvements have been accepted by the Grantee. Upon the termination, if Grantor desires to
evidence the termination of this Easement of record, then Grantee will, upon receipt of a
written request from Grantor, execute such documents as may be necessary to reflect the
termination of this Easement in the Real Property Records of Denton County, Texas.
3. Grantor's Consent. Except as provided herein, Grantee shall not have the
right to construct any improvements on the Easement Property or to otherwise alter the
condition of the Easement Property without Grantor's prior written consent.
4. Reservation of RiQhts. Grantor reserves the right to use the Easement
Property for purposes not inconsistent with the rights of Grantee to use the Easement Property
granted herein.
5.. Damaae. To the extent that Grantee damages the Easement Property or real
property owned by Grantor that is adjacent to the Easement Property, including any
. improvements thereon, Grantee agrees to promptly repair such damage.
6. Comoliance with Laws. Grantee shall at all times use and conduct its
operations on the Easement Property in compliance with all applicable federal, state and local
laws, ordinances and regulations.
7. Maintenance. Grantee will maintain the Improvements from and after
completion of construction thereof.
8. Indemnitv. Grantee agrees to indemnify and hold harmless Grantor from any
claims, causes of action, damages or injuries arising from, connected with or related to the use
of the Temporary Access Road and/or the. Easement Property by Grantee or any of its
representatives, agents, contractors and/or employees.
9. Attornevs' Fees and Costs. If any legal or other proceeding is instituted to
enforce any term of this Easement, the party prevailing in any such proceeding shall be paid all
of the legal costs, expenses and fees including attorneys' fees by the other party, and if any
judgment is secured by such prevailing party all such legal costs, expenses and fees shall be
included in any such judgment.
10. Title. Grantor represents that it is the sole owner of the Easement Property,
and that the Easement Property is not subject to any liens, other than taxes and assessments.
11. Bindina Easement. Until terminated, this Easement shall run with the
Easement Property and be binding upon Grantor and any successor owner of the Easement
Property .
12. Authoritv. Grantor hereby represents that it has the legal authority to enter
into and execute this Easement and to perform all of the obligations and duties herein.
13. Governina Law. This Easement shall be governed and interpreted in
accordance with the laws of the State of Texas.
14. Headinas. The headings contained in this Easement are for reference purposes
only and will not in any way affect the meaning or interpretation hereof.
2
u:\land\single-family\wheeler ridge\post closing easements\city public access\exhibit f v2.doc
IN WITNESS WHEREOF, the parties have executed this Easement on the respective dates set
forth in the resp~ctive acknowledgments below, to be effective as of the date appearing in the
acknowledgment below of the last party to sign this Easement.
GRANTEE:
CITY OF DENTON, TEXAS
By: ~ -~
George dmPbell
Its: City Manager
STATE OF TEXAS 9
9
COUN1Y OF DENTON 9
This instrument was acknowledged before me on I ~ - I' . 2006, by George
Campbell (personally known to me er pr9"8B te A'lIJ t':irn"9h ,,< ;rlol'1tiR\:;>t;OI'11, City
Manager for the City of Denton, Texas a home rule municipal corporation, on behalf of said
ho . i al cor oration.
1,1"'It,
~ttlN ~r;;"", LINDA HOLLEY
!~i~<"~ Notary Pubtic~ S!ilte of Texas
\~..~.:~i My CommIssIon Expires
'lo'::'{,:.~,\~t-.~.:- December 08, 2009
~~~ J:M&tJ
No ary Public, State of Texas
LIAtJ.4 J-I.d L... .....@'y
Printedrryped Name
My Commission Expires:
) ;L-Oe-.14,Cj
3
u:\land\single-family\wheeler ridge\post closing easements\city public access\exhibit f v2.doc
GRANTOR:
CENTEX HOMES,
a Nevada general partnership
By: Centex Real Estate Corporation,
a Nevada corporation
Its: managing general partner
By:
Steven H. M ee
Its: Vice President of land
Centex Homes - DallasjF rt Worth
Metro Division
Q"~~!.~~"'" "..'.,' '~...., \-'1/000
+z~*)~'\ Ii. "):,~IJb~~ :OFTWS
:~......~.~,'.~ .' ". .,,~ HPIRU:
o~.>~ C',-: ~ ~. t3E: H 28, 2001
-,
Notary Pu ie, ~Uf Texal
Wt,at~ uJuJl)1
PrintedjTyp ame
My Commission Expires:
ID. 29.>. U()1-
4
u:\land\single~famjJy\wheeler ridge\post closing easements\city public access\exhibit f v2.doc
EXHIBIT "G"
METES & BOUNDS DESCRIPTION
30' ACCESS EASEMENT
BEING a 0.083 acre tract of land located in the Berry Merchant Survey, Abstract No.
800, City of Denton, Denton County, Texas, being a portion ofa called 253.926 acre tract
of land as described in Special Warranty Deed to Centex Homes, a Nevada general
partnership, filed for record in Volume 5105, Page 3753, of the Deed Records of Denton
County, Texas, said 30.00' Access Easement being more particularly described by metes
and bounds as follows:
COMMENCING at the Southernmost corner of Lot 104, Block D, of Amended Wheeler
Ridge Phase Three, an addition to the City of Denton, Denton County, Texas, according
to the plat recorded in Cabinet W, Pages 538-540, of the Plat Records, Denton County,
Texas, common to the Westernmost comer of Lot 105, Block D, and being on the
Northeast right-of-way line of Saddle back Drive, a 50.00' right-of-way;
THENCE South 41 degrees 28 minutes 40 seconds East, along said Northeast right-of-
way line, a distance of60.21 feet, to a point for comer;
THENCE departing said Northeast right-of-way line, and over and across said called
253.926 acre tract ofland, the following calls:
South 89 degrees 59 minutes 07 seconds East, a distance of220.64 feet, to a point
for comer;
South 41 degrees 28 minutes 40 seconds East, a distance of 6.61 feet, to a point
for corner on the Southeast line of a 100' T.P.& L. easement, filed for record in
Volume 373, Page 246, of said Deed Records;
THENCE South 48 degrees 31 minutes 15 seconds West, along said Southeast line, a
distance of 4.60 feet, to a point ~or comer, said point being the Westernmost comer of a
remainder tract of land as origin31ly described in the Special Warranty Deed to Wheeler
Ranch, Ltd., a Texas limited partnership, filed for record in County Clerk Document No:
99-R0020100, of the Deed Records of Denton County, Texas;
THENCE South 89 degrees 59 minutes 07 seconds East, departing said Southeast line,
and along the South line of said Wheeler Ranch remainder tract, a distance of 631.44 feet,
to a point for corner, being the proposed Northeast comer of Lot 38X, Block T (BOA
Common Area), and the Northwest comer of proposed FM 2499, a 120.00' right-of-way,
and being on the North line of future Wheeler Ridge Phase Four, and also being the
beginning of a non-tangent curve to the left having a radius of 1 ,260.00 feet;
THENCE along said curve to the left, in a Southerly direction, and along the West right-
of-way line of said FM 2499, through a central angle of 07 degrees 48 minutes 40
seconds, an arc length of 171.77 feet, and having a long chord which bears South 03
degrees 21 minutes 27 seconds East, a chord length of 171.64 feet, to the POINT OF
BEGINNING for the herein described Access Easement;
THENCE along said curve to the left, in a Southerly direction, and continuing along the
West right-of-way line of said PM 2499, through a central angle of 01 degrees 25 minutes
29 seconds, an arc length of 31.33 feet, and having a long chord which bears South 07
degrees 58 minutes 32 seconds East, a chord length of 31.33 feet, to a point for comer at
the beginning of a non-tangent curve to the right having a radius of 87.00 feet;
THENCE along said curve to the right, in a Westerly direction, through a central angle
of 33 degrees 13 minutes 43 seconds, an arc length of 50.46 feet, and having a long chord
which bears South 85 degrees 10 minutes 54 seconds West, a chord length of 49.75 feet,
to a point for comer;
I
THENCE North 78 degrees 12 minutes 15 seconds West, a distance of 79.58 feet, to a
point for comer at the beginning of a non-tangent curve to the left having a radius of
50.00 feet;
THENCE along said curve to the left, in a Northerly directioo, through a central aogle of
35 degrees 05 minutes 31 seconds, ao arc length of 30.62 feet, aod having a long chord
which bears North 17 degrees 27 minutes 22 seconds East, a chord length of 30.15 feet,
to a point for comer;
THENCE South 78 degrees 12 minutes 15 seconds East, a distaoce of 76.61 feet, to a
point for comer at the beginning of a curve to the left having a radius of 57.00 feet;
THENCE along said curve to the left, in a Easterly directioo, through a central aogle of
40 degrees 34 minutes 38 seconds, an arc length of 40.37 feet, and having a long chord
which bears North 81 degrees 30 minutes 26 seconds East, a chord length of 39.53 feet,
to the POINT OF BEGINNING aod containing 0.0833 acres (3,655 square feet) of laod.
See attached Exhibit "F" dated June , 2006
~lu~...,...
Registered Professional
Laod Surveyor 5438
State of Texas
2
After recordina. return to:
Centex Homes
1603 LBJ Freeway, Suite 700
Dallas, Texas 75234
Attention: Linda Signer
TEMPORARY ACCESS EASEMENT
This Temporary Access Easement (this "Easement") is made by and between the City of
Denton, Texas, a home rule municipal corporation ("Grantee"), and Centex Homes, a Nevada
general partnership ("Grantor").
RECITALS
A. Grantee and Grantor have entered into that certain Right-of-Way Abandonment
Agreement effective as of I .2. ~'r ' 2006 (the "Aqreement").
B. Pursuant to the Agreement, Grantor now grants to Grantee a non-exclusive
temporary easement over the real property described on attached Exhibit A and depicted on
attached Exhibit B (the "Easement Propertv").
NOW, THEREFORE, in consideration of the foregoing and of the promises, covenants
and agreements herein contained, and of other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree to the following:
1. Easement. Grantor hereby grants and conveys to Grantee, its successors and
assigns, a non-exclusive temporary easement in, over and across the Easement Property for the
purpose of the construction, operation and maintenance of a temporary road on the Easement
Property (the "Temporary Access Road") to provide ingress and egress between Highpoint Drive
and the right-of-way of F.M. 2499 as depicted on Exhibit B attached hereto.
2. Term. This Easement shall automatically terminate, without any further action
by the parties hereto, when (i) a road has been constructed in accordance with construction
plans approved by the Grantee within the portion of proposed F.M. 2499 (adjacent to Lot 38X of
Block T to the intersection of Hickory Creek Road) shown on the plat of Wheeler Ridge Phase
Four, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet W, Page
677 of the Piat Records of Denton County, Texas (the "Improvements"); and (ii) the
Improvements have been accepted by the Grantee. Upon the termination, if Grantor desires to
evidence the termination of this Easement of record, then Grantee will, upon receipt of a
written request from Grantor, execute such documents as may be necessary to reflect the
termination of this Easement in the Real Property Records of Denton County, Texas.
3. Grantor's Consent. Except as provided herein, Grantee shall not have the
right to construct any improvements on the Easement Property or to otherwise alter the
condition of the Easement Property without Grantor's prior written consent.
1
u:\land\singte-family\wheeler ridge\post closing easements\city public access\access easement v3.doc
4. Reservation of Riahts. Grantor reserves the right to use the Easement
Property for purposes not inconsistent with the rights of Grantee to use the Easement Property
granted herein.
5. Damaae. To the extent that Grantee damages the Easement Property or real
property owned by Grantor that is adjacent to the Easement Property, including any
improvements thereon, Grantee agrees to promptly repair such damage.
6. Compliance with Laws. Grantee shall at all times use and conduct its
operations on the Easement Property in compliance with all applicable federal, state and local
laws, ordinances and regulations.
7. Maintenance. Grantee will maintain the Improvements from and after
completion of construction thereof.
8. Indemnitv. Grantee agrees to indemnify and hold harmless Grantor from any
claims, causes of action, damages or injuries arising from, connected with or related to the use
of the Temporary Access Road and/or the Easement Property by Grantee or any of its
representatives, agents, contractors and/or employees.
9. Attorneys' Fees and Costs. If any legal or other proceeding is instituted to
enforce any term of this Easement, the party prevailing in any such proceeding shall be paid all
of the legal costs, expenses and fees including attorneys' fees by the other party, and if any
judgment is secured by such prevailing party all such legal costs, expenses and fees shall be
Included in any such judgment.
10. Title. Grantor represents that it is the sole owner of the Easement Property,
and that the Easement Property is not subject to any liens, other than taxes and assessments.
11. Bindina Easement. Until terminated, this Easement shall run with the
Easement Property and be binding upon Grantor and any successor owner of the Easement
Property .
12. Authoritv. Grantor hereby represents that it has the legal authority to enter
into and execute this Easement and to perform all of the obligations and duties herein.
13. Goyernina Law. This Easement shall be governed and interpreted in
accordance with the laws of the State of Texas.
14. Headinas. The headings contained in this Easement are for reference purposes
only and will not in any way affect the meaning or interpretation hereof.
2
u:\land\single-family\wheeler ridge\post closing easements\city public access\access easement v3.doc
IN WITNESS WHEREOF, the parties have executed this Easement on the respective dates set
forth in the respective acknowledgments below, to be effective as of the date appearing in the
acknowledgment below of the last party to sign this Easement.
GRANTEE:
cm OF DENTON, TEXAS
By: ~~~
George Campbell
Its: City Manager
STATE OF TEXAS
9
9
9
BY:
COUNTY OF DENTON
This instrument was acknowledged before me on 2006, by George
Campbell (personally known to me sr I3rs'.'QQ to r:t:li tl:irel:l~l, as identific~ City
Manager for the City of Denton, Texas a home rule municipal corporation, on behalf of said
home rule municipal corporation.
l A,WJ"'",
\\{!~C}
~ ~ '.,f.'~~~~~
._"'''111111\'
M
LINDA HOllEY
Notary Public. State of "!exas
My Commission Expires
Decembel 08. 2009
~ I.JJ~ -
ota Public, State of Texas d
J..w(/}A /-jd t-lAr'f
PrintedjTyped Name
s n xplres:
/~~I!J'.~O(P9
.
3
u:\land\single~family\wheeler ridge\post closing easements\city public access\access easement v3.doc
GRANTOR:
CENTEX HOMES,
a Nevada general partnership
By: Centex Real Estate Corporation,
a Nevada corporation
Its: managing general partner
By:
te en H. Magee
Its: Vice President of Land
Centex Homes - Dalla
Metro Division
STATE OF TEXAS 9
9
COUN1Y OF DALLAS 9
. This instrument was acknowledged before me on~ba A?2006, by Steven H.
Magee, (personally known to me) Vice President of Land, Centex Homes - Dallas/Fort Worth
Metro Division of Centex Real Estate Corporation, a Nevada corporation, on behalf of said
corporation, and the corporation executed this instrument as the managing general partner on
behalf of Centex Homes,~ a Nevada general pa~rtnefshiP'~/
e WENDY HAZELWOOD ~-~/
:.A..: NOTAlYPIIllUCSTATEOFIWS
~)II{~ COII"S'O' m"", Notary Pubtr~, St te 'I eX5ls _ /
" OCTOBER 28. 2007 -WeVU1 ~ J..l-a w w 0 Old-
My Commission Expires: Printed/Type Name
/0- 2P> . (R-
4
u:\land\single-family\wheeler ridge\post closing easements\city public access\access easement v3.doc
EXHIBIT A
METES & BOUNDS DESCRIPTION
30' ACCESS EASEMENT
BEING a 0.083 acre tract of land located in the Berry Merchant Survey, Abstract No.
800, City of Denton, Denton County, Texas, being a portion of a called 253.926 acre tract
of land as described in Special Warranty Deed to Centex Homes, a,Nevada general
partnership, filed for record in Volume 5105, Page 3753, of the Deed Records of Denton
County, Texas, said 30.00' Access Easement being more particularly described by metes
and bounds as follows:
COMMENCING at the Southernmost comer of Lot 104, Block D, of Amended Wheeler
Ridge Phase Three, an addition to the City of Denton, Denton County, Texas, according
to the plat recorded in Cabinet W, Pages 538-540, of the Plat Records, Denton County,
Texas, common to the Westernmost comer of Lot 105, Block D, and being on the
Northeast right-of-way line of SaddlebackDrive, a 50.00' right-of-way;
THENCE South 41 degrees 28 minutes 40 seconds East, along said Northeast right-of-
way line, a distance of 60.21 feet, to a point for corner;
THENCE departing said Northeast right-of-way line, and over and across said called
253.926 acre tract ofland, the following calls:
South 89 degrees 59 minutes 07 seconds East, a distance of 220.64 feet, to a point
for comer;
South 41 degrees 28 minutes 40 seconds East, a distance of 6.61 feet, to a point
for comer on the Southeast line of a 100' T.P.& L. easement, filed for record in
Volume 373, Page 246, of said Deed Records;
THENCE South 48 degrees 31 minutes 15 seconds West, along said Southeast line, a
distance of 4.60 feet, to a point for comer, said point being the Westernmost comer of a
remainder tract of land as originally described in the Special Warranty Deed to Wheeler
Ranch, Ltd., a Texas limited partnership, filed for record in County Clerk Document No.
99-R0020100, of the Deed Records of Denton County, Texas;
THENCE South 89 degrees 59 minutes 07 seconds East, departing said Southeast line,
and along the South line of said Wheeler Ranch remainder tract, a distance of 631.44 feet,
to a point for comer, being the proposed Northeast comer of Lot 38X, Block T (HOA
Common Area), and the Northwest comer of proposed FM 2499, a 120.00' right-of-way,
and being on the North line of future Wheeler Ridge Phase Four, and also being the
beginning of a non-tangent curve to the left having a radius of 1,260.00 feet;
THENCE along said curve to the left, in a Southerly direction, and along the West right-
of-way line of said FM 2499, through a central angle of 07 degrees 48 minutes 40
seconds, an arc length of 171.77 feet, and having a long chord which bears South 03
degrees 21 minutes 27 seconds East, a chord length of 171.64 feet, to the POINT OF
BEGINNING for the herein described Access Easement;
THENCE along said curve to the left, in a Southerly direction, and continuing along the
West right-of-way line of said FM 2499, through a central angle of 01 degrees 25 minutes
29 seconds, an arc length of 31.33 feet, and having a long chord which bears South 07
degrees 58 minutes 32 seconds East, a chord length of 31.33 feet, to a point for comer at
the beginning of a non-tangent curve to the right having a radius of 87.00 feet;
THENCE along said curve to the right, in a Westerly direction, through a central angle
of 33 degrees 13 minutes 43 seconds, an arc length of 50.46 feet, and having a long chord
which bears South 85 degrees 10 minutes 54 seconds West, a chord length of 49.75 feet,
to a point for comer;
.~
1
THENCE North 78 degrees 12 minutes 15 seconds West, a distance of 79.58 feet, to a
point for comer at the beginning of a non-tangent curve to the left having a radius of
50.00 feet;
THENCE along said curve to the left, in a Northerly direction, through a central angle of
35 degrees 05 minutes 31 seconds, an arc length of 30.62 feet, and having a long chord
which bears North 17 degrees 27 minutes 22 seconds East, a chord length of30.15 feet,
to a point for comer;
THENCE South 78 degrees 12 minutes 15 seconds East, a distance of 76.61 feet, to a
point for comer at the beginning of a curve to the left having a radius of 57.00 feet;
THENCE along said curve to the left, in a Easterly direction, through a central angle of
40 degrees 34 minutes 38 seconds, an arc length of 40.37 feet, and having a long chord
which bears North 81 degrees 30 minutes 26 seconds East, a chord length of 39.53 feet,
to the POINT OF BEGINNING and containing 0.0833 acres (3,655 square feet) ofland.
See attached Exhibit "B" dated lun 8, 2006
Merle
Registered Professional
Land Surveyor 5438
State of Texas
2
EXHIBIT B
30' ACCESS EASEMENT
LOCA TfO IN THE BERRY MERCHANT SURVEY, ABSTRACT NO. 800
. CITY OF DENTON. DENTON COUNTY, TfXAS.
'1-'---1- I i
'x ! ~ i 97 I 22 \ \
:~:tI I ~ r'98-r'~\ \
,IJrt,~"" \. ~ i- "-~~~0 2" ~\ ~
I~i WO ,,~\
I~, - ,.~.
\ \--- IM-IEELER RIDGE '7' i,l
i \ 101 / PHASE J /'" / "Vi
\ \. // AMJ;N.,DED PLAT . 0 . / <.f"eJ'"
\ '( '" ~7/// <:-; ~ ~~~:'~::'~~?70,~r;o'
P,O.C. /'o5//y/ " :
~":~~::"~"U"'''l~<' / " / PL:1~
\ 9'S9'On 220.6.' L2 __ _ . _ __
~'(~\ Jif ;?~ ~~';x^.,,/; \ -:\ 4 5 6 I 8 10 " 'I ~ -- ,n
\ ' ,,'\ \ r::r REMAINDER ~
. /' SEE DETAIL "A" 2 \ \.C! 253.926 ACRE 1RACT \
\ " \ \ _- CENTfX HOME!>' 12 :
\ 77" " ~ VOL. 5105. PC. 3753. L5-d P. a.If. \
\v '" " ,/--'J7U~EDX:~k RIOGEI ~~~$:\~ \:
'" I ' PHASE FOUR~I i. 14 .. ,I II \
/ L-.-LJ"J'-ACCESS-f-AsEMENT -- '\ \
, IX' '\ D.DB3 ACf?[S \ _'.5.." \ .
@ \_(J.655~~T.) ,- 16 \\ ~, I'
I 7 \ \--\1 O>~ \
\-'--'1 \ 17 \1 ~~ \:
, 8 \ r-'--'\ "',~ \ \
\___. 3ax 18.--.-\t\ IX \
\ 9 CO~MON tAREr~-----:/1 ~ ~ :
!H01,g II ! 1\
!O i r,;;!
DETAIL "A"
1!X
Cl
L =177.77'
R =7260.00'
~ =07"4B'40"
CH=S03'27 '27"E
177.64'
* CURVE TABLE *
C3
L =50.46'
R =87.00'
~ =3313'43"
CH=SB510'54''W
49.75'
C4
L =30.62'
R =50,00'
~ =35"05'37"
CH=NI7'27'22"E
30.75'
C2
L =31.33'
R =7260.00'
~ =01'25'29"
CH=S07'58'32"E
37.33'
SURVEYOR'S CERTlFICA TlON
I, Merle W. Miller, Registered Professionol Land Surveyor, hereby
stote that this exhibit was made from an actual an the ground
survey by me or under my direct supervision.
m.
Merle W, Miller Date: June 28, 2006
Registered Professional Land
Surveyor No. 543B
State of Texas
-
NOTfS
1). THE BASIS OF BEARING FOR THIS EXHIBIT IS THE li'AST
RIGHT-OF-WAY LINE OF TEASLEY LANE AS SHOWN ON THE
AMENDED PLA T OF WHEELER RIDGE PHASE THREE, RECORDED IN
CAB. W, SLIDES 538-540, OF THE PLAT RECORDS OF DENTON
COUNTY, TEXAS (BEING N02'05'56"W).
2). SEE LEGAL DESCRIPTION EXHIBIT "A", OATfO 06/28/06
* LINE TABLE *
C5
L =40.37'
R =57.00'
~ =40"34'38"
CH=NBI'30'26"E
39.53'
S41'2B'40"E
547 '28'40"E
S4B"37'15"W
N78'72'75"W
S7812'15"E
60.21'
6.61'
4.60'
79,58'
76.67'
L1
L2
LJ
L4
L5
LEGEND ,1( ABBREVIATIONS
VOL. VOLUME
PG. PAGE
CAB. CABINET
PGS. PAGES
R.O. W. RIGHT-OF-WA Y
C./R.S. CAPPED IRON ROO SET
STAMPED "MYCOSKIE MCINNIS"
IRON ROD FOUND
POINT OF BEGINNING
PLA T RECORDS,
DENTON COUNTY, TEXAS
DEED RECORDS
DENTON COUNTY, TfXAS
PROPERTY LINE
IRI.
P.O.B,
PR.D.C. T.
D.R.D.C.T.
PL
mlmla
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civil engineering surveying landscape architecture planning
200 e" s t "b r " m
arlington. texas 76010
817-469-1671
fax: 817-274-8757
DATE: 06/28/06 SCALE:" - 200' DRAWN BY: s. c.!. CHECKED BY: M. w.M, JOB. NO.: /935 4 /
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