2006-307S:\Our Documents\0rdinances\06\Vintage Blvd. DME Dedication.doc
ORDINANCE NO. 2Oa -30 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A DESIGNATION
AND DEDICATION OF PUBLIC RIGHT OF WAY FOR AN APPROXIMATE FIVE FOOT
WIDE PUBLIC UTILITY EASEMENT WITHIN THE EXISTING RIGHT-OF-WAY OF
VINTAGE BLVD. FOR THE EXCLUSIVE USE OF DENTON MUNICIPAL ELECTRIC;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council hereby finds that it is in the public interest to designate and
dedication a public utility easement within the right-of-way of Vintage Blvd. for the exclusive
use of Denton Municipal Electric in accordance with the Designation and Dedication of Public
Right of Way document attached hereto and made a part hereof by reference as Exhibit "A" (the
"Dedication"); NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Dedication is hereby approved. The City Manager, or his designee is
hereby authorized to executive the Dedication on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 7d day of 2006.
PERRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS"f0 LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
STATE OF TEXAS §
COUNTY OF DENTON §
DESIGNATION AND DEDICATION OF PUBLIC RIGHT OF WAY
KNOW ALL MEN BY THESE PRESENTS:
Preamble:
WHEREAS, the CITY OF DENTON, TEXAS a home rule municipal corporation, of
Denton County, Texas, is the owner of the real property, which is the same property
conveyed to it by Joab Partners, L.P. by deed dated May 8, 2003, identifiable by Denton
County, Texas Clerk's Document Locator Number 2003-R0143866, and also conveyed
by Marvin C. (M.C.) Burch, Richard Lee Burch, and Nelda Grace (Burch) Hackett by
deed dated May 27, 2003, identifiable by Denton County, Texas Clerk's Document
Locator Number 2003-R0098838 and both recorded under said numbers in the Deed
Records of Denton County, Texas (the "Property" herein), and;
WHEREAS, the Property was granted to the CITY OF DENTON, TEXAS for the
purpose of permitting it to construct, maintain, repair and operate thereon a street,
highway, right-of-way, drainage improvements, utilities and other related improvements,
and;
WHEREAS, the CITY OF DENTON, TEXAS, has caused a utility easement to be
surveyed, subdivided and platted out of the Property as described herein at Exhibit "A"
and shown on the plat and map attached herein at Exhibits "B", `B F, "132" and "133",
and;
WHEREAS, the CITY OF DENTON, TEXAS desires to designate the specific uses of
the Property by plat and map to provide notice to the public of the locations of its
facilities;
Designation and Dedication:
NOW, THEREFORE, the CITY OF DENTON, TEXAS does hereby DECLARE,
DESIGNATE and DEDICATE that the utility easement described at Exhibit "A" and
depicted at Exhibits "B", "Bl", "B2" and `BY are dedicated to the public forever, and
are designated to be used as a utility easement as shown. The utility easement shall be
five feet (5') in width following the southern and western boundary lines of the Property.
Page t of 2 - DESIGNATION AND DEDICATION OF PUBLIC RIGHT OF wAV
Limitations, Reservations, Exceptions and Specifications:
The utility easement described herein is designated for the exclusive use of
Denton Municipal Electric, a department of the City of Denton, Texas.
It is the express intent of the CITY OF DENTON, TEXAS that the doctrine of
merger not apply to this easement and right-of-way. It is the intent of the CITY OF
DENTON, TEXAS that the exclusive utility easement be set aside as a separate tract for a
specific use and that the two estates of the easement and right-of-way are not merged.
Witness my hand, this t day of '2006.
CITY OF DENTON, TEXAS
Attest:
Jennifer Walters, City Secretary
y
By:
APPROVED ASG
By:
ED SNYDER I
City of Den, o
STATE OF TEXAS
COUNTY OF DENTON
By: George C. Campbell, City Manager
Date:
George C. Campbell
This instrument was ~acy~kn~ wledged bef e me by of the City of
Denton, Texas on this the i rc day of 2006, and in the
capacity therein stated.
JANE E. RIC N ~j A ^
Notary Public, Slate tate of of Texas Q&6 X 61
r, My Commission Expires el /
June 27, 2009 N tary Public, State of Texas
1. W
Page 2 of 2 -DESIGNATION AND DEDICATION OF PUBLIC RIGHT OF WAY
EXHIBIT "A"
LEGAL DESCRIPTION FOR A
5' EASEMENT TO DENTON MUNICIPAL ELECTRIC
BEING a 0.500 acre tract of land located in the lames L. Harris Survey, Abstract No. 555, and the
William Roark Survey, Abstract No. 1087, City of Denton, Denton County, Texas, being a portion of
a called 8.174 acre tract of land as described in Street Right-of-Way Donation Deed to the City of
Denton, filed for record in Volume 5406, Page 6378, Deed Records, Denton County, Texas, and being
a portion of a called 8.767 acre tract of land as described in Street Right-of-Way Deed, filed for record
in Volume 5359, Page 5326, of said Deed Records, said 0.500 acre tract of land being more
particularly described by metes and bounds as follows:
BEGINNING at a 518 inch capped iron rod set stamped "Mycoskie McInnis" for the Southwest
comer of said called 8.174 acre tract of land, same being the Northwest comer of a remainder tract of
land as originally described in the Special Warranty Deed with Vendor's Lien to Josh Partners, L.P.,
filed for record in Volume 4203, Page 855, of said Deed Records, and being on the South right-of-way
line of Vintage Boulevard, a 135' wide right-of-way;
THENCE North 00 degrees 25 minutes 38 seconds East, departing said South right-of-way line, and
along the West line of said called 8.174 acre tract of land, a distance of 5.00 feet, to a point for comer;
THENCE in an Easterly direction, over and across said called 8.174 acre tract of land, and along a
line 5 feet from and parallel with the South right-of-way line of said Vintage Boulevard, the following
calls:
South 89 degrees 50 minutes 22 seconds East, a distance of 474.12 feet, to a point for comer
at the beginning of a curve to the right having a radius of 687.50 feet;
Along said curve to the right, and in an Easterly direction, through a central angle of 22
degrees 45 minutes 04 seconds, an arc length of 272.99 feet, and having a long chord which
bears South 78 degrees 27 minutes 51 seconds East, a distance of 271.20 feet, to a point for
corner;
South 67 degrees 05 minutes 19 seconds East, a distance of 100.45 feet, to a point for comer
at the beginning of a non-tangent curve to the left having a radius of 812.50 feet;
Along said curve to the left, and in an Easterly direction, through a central angle of 22
degrees 41 minutes 19 seconds, an we length of 321.74 feet, and having a long chord which
bears South 78 degrees 25 minutes 19 seconds East, a distance of 319.64 feet, to a point for
comer;
South 89 degrees 46 minutes 38 seconds East, a distance of 681.14 feet, to a point for comer
at the beginning of a curve to the right having a radius of 687.50 feet;
Along said curve to the right, and in a Southeasterly direction, through a central angle of 57
degrees 03 minutes 46 seconds, an arc length of 684.70 feet, and having a long chord which
bears South 61 degrees 14 minutes 45 seconds East, a distance of 656.76 feet, to a point for
comer at the beginning of a compound curve to the right having a radius of 658.36 feet;
Along said compound curve to the right, and in a Southerly direction, through a central angle
of 17 degrees 28 minutes 40 seconds, an arc length of 200.83 feet, and having a long chord
which bears South 19 degrees 54 minutes 07 seconds East, a distance of 200.05 feet, to a
point for comer;
South 11 degrees 10 minutes 52 seconds East, a distance of 1107.08 feet, to a point for comer
at the beginning of a curve to the left having a radius of 991.64 feet;
Along said curve to the left, and in a Southerly direction, through a central angle of 03
degrees 24 minutes 24 seconds, an arc length of 58.96 feet, and having a long chord which
bears South 12 degrees 53 minutes 04 seconds East, a distance of 58.95 feet, to a point for
comer at the beginning of a compound curve to the left having a radius of 1295.00 feet;
Along said compound curve to the left, in a Southeasterly direction, through a central angle of
19 degrees 59 minutes 49 seconds, an arc length of 451.97 feet, and having a long chord
which bears South 33 degrees 30 minutes 09 seconds East, a distance of 449.68 feet, to a
point for comer on the Southeast line of said called 8.767 acre tract of land, same being the
Northwest line of the Texas & Pacific Railroad, a 200' right-of-way;
I of 6
THENCE South 44 degrees 23 minutes 44 seconds West, along said common line, a distance of 5.00
feet, to a 1/2 inch capped iron rod found stamped "ASC" for the Southernmost comer of said called
8.767 acre tract of land, same being on the Southwesterly right-of-way line of said Vintage Boulevard,
a variable width right-of-way at this point, also being at the beginning of a non-tangent curve to the
right having a radius of 1300.00 feet;
THENCE along said Southwesterly right-of-way line the following calls:
Along said curve to the right, in a Northwesterly direction, through a central angle of 20
degrees 01 minutes 20 seconds, an we length of 454.29 feet, and having a long chord which
bears North 33 degrees 29 minutes 53 seconds West, a distance of 451.98 feet, to a 1/2 inch
capped iron rod found stamped "ASC" at the beginning of a compound curve to the right
having a radius of 996.64 feet;
Along said compound curve to the right, in a Northerly direction, through a central angle of
03 degrees 25 minutes 45 seconds, an arc length of 59.65 feet, and having a long chord which
bears North 12 degrees 53 minutes 44 seconds West, a distance of 59.64 feet, to a 1/2 inch
capped iron rod found stamped "ASC";
North 11 degrees 10 minutes 52 seconds West, a distance of 1107.08 feet, to a 1/2 inch
capped iron rod found stamped "ASC" at the beginning of a non-tangent curve to the left
having a radius of 653.36 feet;
Along said non-tangent curve to the left, in a Northerly direction, through a central angle of
17 degrees 27 minutes 44 seconds, an arc length of 199.13 feet, and having a long chord
which bears North 19 degrees 53 minutes 39 seconds West, a distance of 198.36 feet, to a 1/2
inch capped iron rod found stamped "ASC" at the beginning of a compound curve to the left
having a radius of 682.50 feet;
Along said compound curve to the left, in a Northwesterly direction, through a central angle
of 57 degrees 02 minutes 52 seconds, an am length of 679.55 feet, and having a long chord
which bears North 61 degrees IS minutes 12 seconds West, a distance of 651.82 feet, to a 5/8
inch capped iron rod set stamped "Mycoskie McInnis";
North 89 degrees 46 minutes 38 seconds West, a distance of 681.14 feet, to a 5/8 inch capped
iron rod set stamped "Mycoskie McInnis" at the beginning of a non-tangent curve to the right
having a radius of 817.50 feet;
Along said non-tangent curve to the right, in a Westerly direction, through a central angle of
22 degrees 41 minutes 18 seconds, an we length of 323.72 feet, and having a long chord
which bears North 78 degrees 25 minutes 19 seconds West, a distance of 321.61 feet, to a 5/8
inch capped iron rod set stamped "Mycoskie McInnis;
North 67 degrees 05 minutes 19 seconds West, a distance of 100.45 feet, to a 5/8 inch capped
iron rod set stamped "Mycoskie McInnis" at the beginning of a curve to the left having a
radius of 682.50 feet;
Along said curve to the left, in a Westerly direction, through a central angle of 22 degrees 45
minutes 04 seconds, an are length of 271.01 feet, and having a long chord which bears North
78 degrees 27 minutes 51 seconds West, a distance of 269.23 feet, to a 5/8 inch capped iron
rod set stamped "Mycoskie McInnis";
North 89 degrees 50 minutes 22 seconds West, a distance of 474.14 feet, to the POINT OF
BEGINNING and containing 0.500 acres (21,760 square feet) of land.
See attached Exhibits'B,B 1,112,63" dated September 12, 2006
Merle .Miller Date: September 12, 2006
Registered Professional
Land Surveyor No. 5438
State of Texas
2of6
EXHIBIT "Br"
5' EASEMENT TO DENTON MUNICIPAL ELECTRIC
LOCATED IN THE JAMES L. HARRIS SURVEY, ABSTRACT NO. 555
AND THE WILLIAM ROARK SURVEY, ABSTRACT NO. 1087
CITY OF DENTON, DENTON COUNTY, TEXAS.
CITY OF DENTON
CCJ 2005-60562
D.R.D.C.T. - ~5% C..LRS. i - - BONNIE BRAE ST. NO, T
JAMES L. HARRIS SURVEY ASST.O. 57
W)LL/AM ROi1RK SURVEY ~,AABST. NO. 1087
WEST BOUNDARY LINE WEST BOUNDARY LINE
JOAB PARTNERS, L.P. JOAB PARTNERS L.P.
SOUTH R.O.W. LINE
VINTAGE BLVD
REMAINDER N
JOAB PARTNERS L.P. v
v
VOL. 4203, P 855
D.R.O T.
D. R. D. C. T. ~
3 xW i \
04 CN i REMAINDER
JOAB PARTNERS, L.P
i VOL. 4203, PG. 855
D.R.O.C.T.
2
N3 ~~n
N ~ W~~~ ~rr IM,W nOaU ~ N W A
~V~ Wptp lY
~I W0 Y ~
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MAHOGANY ST. Z``U> u 5'IIACBA127f DR.
/ I i " (SS`' I y
~1z W
w REMAINDER N i <
JOAB PARTNERS, L.P. V 0
VOL. 4203, PG. 855
D.R.D.C.T. :
C
F, 5' EASEMENT l / "
O DENTON MUNICIPAL ELECTRIC
0.500 ACRES I I A
(21,760 SOUARE FEET)
\ TRACT ONE
CALLED 66.330 AC.
v v D.R. HORTON-TEXAS, LTD.
_ C.C. NO. 2005-144272
/ m D.R,OC. T.
y N \ /PROPOSED I
TRACT TWO / \EADOWS AT HICKORY CREEK N
CALLED 13.677 AG /PHASE 1 W N
D.R. HORTON-TEXAS, LTD. NOTE:
C. NO. 2005-144272-- SEE SHEET 6 OF 6 (EXHIBIT B3)
D~R. D. C. T. a I I w FOR LINE & CURVE DATA, LEGEND,
\ & ABBREVIATIONS.
FUTURE
M DOWS AT HICKORY CREEK
PASE2~ U N^
m l m a
V '
mycoskie+mcinnis+associates
(n 1
S tlvll engineering aurvwAng feMVape ercNtwura planning
DI R.O.W. Lit NE
VIA TACE BLVD 200 ...t obrem
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617-469-1671
W f.,817-274-8757
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MATCHLINE - SEE SHEET 4 OF 6G(EXHIBIT BI
DATE: 09, W/ SCALE: I'- TOO' DRAWN By. S CL CHECKED Bh wM JOB ND.: 2148-1-1 SHEET: .T OF 6
00 EXHIBIT "Bl"
5,' EASEMENT TO DENTON MUNICIPAL ELECTRIC
LOCATED IN THE JAMES L. HARRIS SURVEY, ABSTRACT NO. 555
AND THE WILLIAM ROARK SURVEY, ABSTRACT NO. 1087
CITY OF DENTON, DENTON COUNTY, TEXAS
MATCHLINE.- SEE SHEET 3 OF 6 (EXHIBIT B)
I
f J f
I at I ° ~ a
J ~
o
N N V
° SOUTH. PO.W LINE
VIN CE BLVD' OI y~
N w PORTION OF TRACT ONE
CALLED 66.330 AC.-
0. 2005-144272
a D.R.D.O
"A'I~EAD"01 RTON-TEXAS, L7I
PROPOSED
AT HICKORY CREEK 10
_ PHASE 1
I3 I
co CO
P
y j 7 i~ In ro 35 W
r0 Q O°
J 2 y K 2 6,~ N
_ Ci~W ~04V
5' EASEMENT Ch a o Is
TO DENTON MUNICIPAL ELECTRIC N4 J h o N
0.500 ACRES U
(21,760 SOUARE FEET -
MoctcEnNvT RD.
J
N
PORTION OF ACT TWO
N CALLED 16.677 AC. f
D2R. HORTON-TEXAS, L . m
N
OC. NO. 2005-144272
W D.Ri D.C T. r"
° FUTURE
MEADOWS AT HICKORY CREEK
PH~SE 2
w I ~
I_~-~~„~ a PORTION Ok" TRACT ON~_
I i---, CALLED 66.330 AC.
I D.R. HORTON- TEXAS, LTD.
C. C. NO, 2005-144272-
00 D.R.D.OT_--_
ti FUTURE
/ rn MEADOWS AT HICKORY CREEK
rn I_ U PHASE 2~
NOTE:
/ SEE SHEET 6 OF 6 (EXHIBIT B3)
FOR LINE & CURVE
ABBREVIATIONS. DATA, LEGEND
/ &
m) mIa
k_ mycoskie+mcinnis+associates
dNl en9lneeMp wneylnp lena¢epe arcbltecWre plenNry
200 eeet pbrpm
Arlington, texas 76010
/ N 617-169-1671
rA A: 817-274-6757
•r.mmalerps.cAm
MATCHLINE - SEE SHEET 5 OF 6 (EXHIBIT B2) r
BATE: 09/12AW SCALE: 1" - lw& DRAWN 6Y, S CL CHECKED Bf: 1M. JOB. NO.: 2148-1-1 SHEET: 4 OF 6 ~
EXHIBIT "B2fe
5' EASEMENT TO DENTON MUNICIPAL ELECTRIC
LOCATED IN THE JAMES L. HARRIS SURVEY, ABSTRACT NO, 555
AND THE WLIAM ROARK SURVEY, ABSTRACT NO. 1087
CITY OF DENTON, DENTON COUNTY, TEXAS
\
m 15 PORTION OF TRACT ONE
0 4 CALLED 66.330 AC.
m \ D.R. NORTON-TEXAS, LTD.
= o o~ C.C. NO. 2005-144272
lxag D.R.O.CT
yo\ \ FUTURE
MEADOWS AT HICKORY CREEK
PHASE 2
W
2
N \
W
vWi ~ ~ \
I \
2
7
REMAINDER TRACT
V.D. BURCH'
VOL. 288, PG. 137
D.R.D.C.T.
(
5' EASEMENT
TO DENTON MUNICIPAL ELECTRIC
0.500 ACRES
(21,760 SQUARE FEET)
1
I
WEST POW LINE
VINTAGE BLVD \
\
? ' =nF D 4 1
Emma
• to o r
Cn A~O~~~C~+9 \
N N ?~O V~ (
f1 t1~ Z y1
ITOn'~`""6
NZ m O
;E NOTE
REMAINDER TRACT v SEE SHEET 6 OF 6 (EXHIBIT B3)
m FOR LINE & CURVE DATA, LEGEND
V.D. BURCH OCL & ABBREVIATIONS.
VOL. 288, PG. 137
D. R.O. C. T.
mlmla
mycoskie+mcinnis+associates
dWl engineeeng sun !y Ienda pe ochiKWm dannlw
200 cost abrom
arlington, to roe 76010
617-169-1671
f..:817-274-8757
eee.mmotevaa.eom
mn I a nulva - xc 0"LL 1 0 Ur 0 (h,KHI&fll &J)
RATE 0941IW SCkL I" - 100' DMWN BY. SCL CHECKED B('MWM ,OB. NO.: _2146-1-1 SHEET: 5 OF 6
EXHIBIT "B3"
5' EASEMENT TO DENTON MUMCIPAL ELECTRIC
LOCATED IN THE JAMES L. HARRIS SURVEY, ABSTRACT NO. 555
AND THE WILLIAM ROARK SURVEY, ABSTRACT NO. 1087
CITY OF DENTON, DENTON COUNTY, TEXAS
MATCHLINE - SEE SHEET 5 OF 6 (EXHIBIT 132)
REMAINDER TRACT
V.O. BURCH
VOL. 288, PG. 137
D.R.D.C.T.
* CURVE DATA *
cl
C7
R = 687.50'
R = 1300.00'
D - 2245'04"
D = 20'0120"
L = 272.99'
L = 454.29'
CH- S7827'51"E
CH- N3329'53'W
271.20
451.98'
C2
C8
R = 812.50'
R = 996.64'
D = 22'41'19"
D = 0325'45'
L = 321.74'
L = 59.65'
CH= S7825'19'E
CH- N125J'44'W
319.64'
59.64'
C3
C9
R - 68750'
R = 653.36'
D = 570J46"
D - 171744'
L = 684.70'
L = 199.13'
CH= S6174'45 E
CH- N19-53'39'W
656.76'
198.36'
1
1
REMAINDER TRACT
V.D. BURCH
VOL. 288, PG. 137
D.R.D.C.T.
N~ £
C4
CIO
R = 658.J6'
R - 682.50'
D - 1738'40"
D - 570252"
L = 200.83'
L = 679.55'
CH= 51954'07'E
CH- N6175'12"W
200.05'
651.82'
C5
C11
R = 991.64'
R - 81750'
0 = 032424"
D = 2241'19'
L - 58.96'
L = 323.72'
CH- S1253'04 'E
CH= N7825'19"W
58.95'
321.61'
C6
C12
R = 1295.00'
R - 682.50'
* LINE TABLE
D = 1959'49
D = 22'45'04"
Ll 5.00'
N0025'387E
L = 451.97'
L - 271.01'
L2 100.45'
S6705'19'E
CH= S33'30'09'E
CH- N782751'W
L3 5.00'
S4423'44'W
449.68'
269.23'
L4 100.45'
N67TT5'19"W
SURVEYOR'S CERTIFICATION
I, Merle W. Miller, Reglstere
state that this exhibit was
surey ty mnwtr1Qer my
11 Land Surveyor, hereby
an actual on the ground
Registered Professional
Land Surveyor No. 5438
State of Texas
MERLE W.
N07ES
1). THE BASIS OF BEARINGS FOR THIS EXHIBIT IS THE NORTH LINE
OF A CALLED 66.330 ACRE TRACT OF LAND DESCRIBED IN THE
GENERAL WARRANTY DEED TO D.R. NORTON-TEXAS, LTD., A
TEXAS LIMITED PARTNERSHIP, FILED FOR RECORD IN COUNTY
CLERK FILE NO. 2005-144272, DEED RECORDS, DENTON COUNTY,
TEXAS.
SEE EASEMENT DESCRIPTION EXHIBIT "A", DATED SEPTEMBER 12,
2006.
5' EASEMENT
TO DENTON MUNICIPAL ELECTRIC
0.500 ACRES
(21,760 SQUARE FEET)
\
/PO
G
'
\ ~O'
1/2
C.I. R.F.
'
^0 G
P
STAMPED
ASC'
V Q
D
~ rya
/
paj
LEGEND
& D FV/eT/ONs
VOL. =
VOLUME
PG. -
PACE
P.O.B. -
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCING
C. M. =
CONTROLLING MONUMENT
CC/
COUNTY CLERK FILE NO.
C. 1. R. S. =
CAPPED IRON ROD SET
STAMPED AIYCOSKIE MCIN
D.R.D.C. T. =
DEED RECORDS
DENTON COUNTY, TEXAS
mlmla
mycoskie+mcinnis+associates
dAI.NhW1 mrm inp lanenmpearcNlecWre planning
200 .ant abram
a r l i n 9 t a n, t a x a. 76010
017-469-1671
fa.: 017-274-0]57
mm t . . . . . . . .
DAIL: ovi7zioa ME; 1-- 100' DRAWN Of. SCt. CHECKED 6Y~MWM. JOB. NO.: _2146-1-1 SHEET: 5 OF 6