Loading...
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 ~ ~~M J~h 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 J a rltngten, t.... 76010 617-469-1671 W f.,817-274-8757 •e •.mmg t eeee.... 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