2005-297
S:\Our Documents\Ordinances\05\Holigan-Elcctric Easement Abandonment.DOC
ORDINANCE NO. ~OOS- ,;{97
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
ABANDONMENT AND RELEASE OF CERTAIN BLANKET ELECTRIC UTILITY
EASEMENTS OWNED BY THE CITY THAT WERE PREVIOUSLY ASSIGNED TO
THE CITY FROM BRAZOS ELECTRIC POWER COOPERATIVE, TO THE EXTENT
THEY ENCUMBER CERTAIN REAL PROPERTY OWNED BY HOLIGAN LAND
DEVELOPMENT, LTD. CONTAINING APPROXIMATELY 160.023 ACRES AND
BEING LOCATED IN THE GIDEON WALKER SURVEY ABSTRACT NO. 1330,
DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE THEREOF.
WHEREAS, Holigan Land Development, Ltd. (the "Owner") is the owner of
certain real property located in the City of Denton, Denton County, Texas and containing
approximately 160.023 acres of land, as more particularly described in Exhibit "A"
attached hereto by reference (the "Property"); and
WHEREAS, the Property is encumbered by certain electric easements that are
owned by the City through Denton Municipal Electric ("DME") which easements are
more particularly described as follows: That certain easement from Roland Hill and wife,
Liffie Ilah Hill to Brazos River Transmission Electric Cooperative, Inc. dated June 3,
1947, recorded in volume 357, page 56 of the Deed Records of Denton County, Texas
and that certain easement from J.B. Schmitz to Brazos River Transmission Electric
Cooperative, Inc., dated June 4, 1947, recorded in Volume 354, page 394 of the Deed
Records of Denton County, Texas, both of which were assigned to the City of Denton,
Texas pursuant to that certain Assignment dated October 23, 1987, recorded in Volume
2736, page 825 of the Real Property Records of the Denton County, Texas (the "Existing
Easements"); and
WHEREAS, the Owner has petitioned the City to abandon the Existing Easement
to the extent they encumber the Property in exchange for the granting of a new ea~ement
in substantially the same form as the easement entitled Electric Utility and Bike Trail
Easement attached hereto and made a part hereof by reference as Exhibit "B" (the "New
Easement");
WHEREAS, the City Council finds that: (1) the value of the New Easement
exceeds the value of the Existing Easements as they affect the Property; (2) the property
interests being exchanged meet the requirements of Section 272.001 (k) of the Texas
Local Government Code and this ordinance shall also constitute a resolution; (3) and this
exchange and abandonment is in the public interest and serves an important public
purpose by allowing DME to provide for future routing of electric transmission lines that
will better serve the City and its citizens; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
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SECTION 1. The recitations and findings contained In the preamble of this
Ordinance are incorporated herein by reference.
SECTION 2. The City Council hereby authorizes the abandonment and release
of the Existing Easements to the extent they encumber the Property (the "Abandoment
Area"), subject to the following conditions:
a. The City receives the fully executed and acknowledged New Easement
free and clear of all liens and encumbrances, except for any encumbrance
that may be deemed by the City Manager, or his designee, to not adversely
affect the City's use and enjoyment of the New Easement.
b. The City, at its own expense, removes the existing utility facilities from
the Abandonment Area.
Upon the completion' of the above conditions the City Manager, or his designee is
authorized to execute a document in recordable form and deliver same to the Owner, that
evidences the abandonment and rele,!se of the Existing Easements from the
Abandonment Area.
SECTION 3. This Ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the djJrt day of)tj1i?A11w.J, 2005.
c~dw.JL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: qW;);})U1dJfflr1 IJ-1Lt.
APPROVED AS TO LEGAL FORM:
EDWIN M. S DE;R, CITY ATTORNEY
BY:
Page 2
Exhibit A
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ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G.
WALKER SURVEY ABSTRACT NUMBER 1330, DENTON COUNTY, TEXAS, AND BEING
PART OF THE CALLED 91.921 ACRE TRACT DESCRIBED IN A DEED TO FLOWERS BAKING
CO. OF DENTON, LLC, RECORDED IN COUNTY CLERK'S FILE NUMBER 03-R0159272, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND ALSO BEING DESCRIBED AS ALL
OF LOT 2, BLOCK A, FLOWERS FOOD ADDITION, AN ADDITION TO THE CITY OF DENTON,
ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET W, PAGES 333 AND 334,
PLAT RECORDS, DENTON COUNTY, TEXAS, AND ALL OF LOT 3, BLOCK A, FLOWERS
FOOD ADDITION, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT
THEREOF, RECORDED IN CABINET W, PAGES 335 AND 336, PLAT RECORDS, DENTON
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND RAILROAD SPIKE AT A NORTHEAST CORNER OF THE FLOWERS
BAKING CO TRACT IN EDWARDS ROAD;
THENCE SOUTH 02 DEGREES 40 MINUTES 55 SECONDS WEST WITH A EAST LINE OF THE
FLOWERS BAKING CO. TRACT AND THE WEST LINE OF A CALLED 16.0 ACRE TRACT
DESCRIBED IN A DEED TO RICHARD BARIA, RECORDED IN VOLUME 1329, PAGE 202,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 698.28 FEET TO
A FOUND IRON PIN AT AN ANGLE POINT IN THE EAST LINE OF THE FLOWERS BAKING
CO. TRACT AT THE NORTHWEST CORNER OF A CALLED 6.968 ACRE TRACT DESCRIBED
IN A DEED TO HOLlGAN LAND DEVELOPMENT, LTD" RECORDED IN DOCUMENT NUMBER
2004.50040, OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS;
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THENCE SOUTH 02 DEGREES 43 MINUTES 42 SECONDS WEST CONTINUING WITH A
EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE WEST LINE OF SAID 6.968
ACRE TRACT, A DISTANCE OF 1249.03 FEET TO A FOUND IRON PIN AT A SOUTHEAST
CORNER OF THE FLOWERS BAKING CO TRACT ON THE NORTH LINE OF THE 20.057
ACRE TRACT TO HOLlGAN LAND DEVELOPMENT, L TD, RECORDED IN COUNTY CLERK'S
FILE NUMBER 03-R0135346, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
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THENCE SOUTH 03 DEGREES 19 MINUTES 02 SECONDS WEST WITH A EAST LINE OF THE
FLOWERS BAKING CO. TRACT AND A WEST LINE OF THE 2.846 ACRE TRACT A DISTANCE
OF 472.97 FEET TO A FOUND FENCE CORNER POST AT AN ANGLE POINT IN A EAST LINE
OF THE FLOWERS BAKING CO. TRACT AND THE NORTHWEST CORNER OF THE CALLED
0.942 ACRE TRACT DESCRIBED IN THE DEED TO HOLlGAN LAND DEVELOPMENT, LTD.
RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 2004-0230, REAL PROPERTY
RECORDS, DENTON COUNTY. TEXASj
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THENCE NORTH 87 DEGREES 33 MINUTES 17 SECONDS WEST WITH A SOUTH LINE OF
_THE FLOWERS BAKING CO. TRACT AND A NORTH LINE OF SAID 20.057 ACRE TRACT, A
DISTANCE OF 622.20 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER OF THE
FLOWERS BAKING CO. TRACT, AND THE NORTHWEST CORNER A CALLED 2.846 ACRE
TRACT DESCRIBED IN A DEED TO HOLlGAN LAND DEVELOPMENT, LTD. RECORDED IN
COUNTY CLERK'S DOCUMENT NUMBER 2004-0230, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
THENCE SOUTH 03 DEGREES 01 MINUTES 21 SECONDS WEST CONTINUING WITH A
EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE WEST LINE OF THE 0.942
ACRE TRACT A DISTANCE OF 224.75 FEET TO A FOUND STEEL PIPE AT A SOUTHEAST
CORNER OF THE FLOWERS BAKING CO. TRACT ON THE NORTH RIGHT-OF-WAY LINE OF
POCKRUS PAGE ROAD;
THENCE NORTH 87 DEGREES 56 MINUTES 40 SECONDS WEST WITH A SOUTH LINE OF
THE FLOWERS BAKING CO. TRACT AND THE NORTH RIGHT-OF-WAY LINE OF POCKRUS
PAGE ROAD, A DISTANCE OF 218.61 FEET TO A FOUND STEEL PIPE AT A SOUTHWEST
CORNER OF THE FLOWERS BAK:;NG CO. TRACT AND THE SOUTHEAST CORNER OF THE
TitACT 01' LAND DESCRIBED IN THE DEED TO BETTY JOHN ROBI'RTSON qEC'lRDED IN
VOLUME 2423, PAGE 932 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,
TEXAS;
I,t.
THENCE NORTH 01 DEGREES 47 MINUTES 13 SECONDS EAST WITH A WEST LINE OF
THE FLOWERS BAKING CO. TRACT AND THE EAST LINE OF THE ROBERTSON TRACT A
DISTANCE OF 683.38 FEET TO A FOUND IRON PIPE AT AN INNER ELL CORNER OF THE
FLOWERS BAKING CO. TRACT AND A NORTHEAST CORNER OF THE CALLED 3.980 ACRE
TRACT TO KENNETH D. OWEN RECORDED IN VOLUME 763, PAGE 137 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS;
THENCE NORTH 87 DEGREES 39 MINUTES 54 SECONDS WEST WITH A SOUTH LINE OF
THE FLOWERS BAKING CO. TRACT AND THE NORTH LINE OF THE OWEN TRACT A
DISTANCE OF 363.71 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER OF
FLOWERS BAKING CO. TRACT;
THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST WITH AN EAST LINE OF
FLOWERS BAKING CO. TRACT AND THE WEST LINE OF THE OWEN TRACT A DISTANCE
OF 397.16 FEET TO A FOUND IRON PIN;
THENCE SOUTH 39 DEGREES 11 MINUTES 49 SECONDS EAST WITH AN EAST LINE OF
FLOWERS BAKING CO. TRACT AND THE SOUTH LINE OF THE OWEN TRACT A DISTANCE
OF 362.08 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED
METRoPLEX 1849 AT THE SOUTHERN MOST SOUTHEAST CORNER OF SAID LOT 2,
BLOCK A, ON THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD;
THENCE NORTH 87 DEGREES 29 MINUTES 45 SECONDS WEST WITH A SOUTH LINE OF
SAID LOT 2, BLOCK A , AND THE NORTH RIGHT-OF.WAY LINE OF POCKRUS PAGE ROAD
A DISTANCE OF 26.69 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP
STAMPED METRoPLEX 1849 AT THE SOUTHERN MOST SOUTHWEST CORNER OF SAID
LOT 2, BLOCK A, ON THE EAST RIGHT-OF.WAY LINE OF THE OLD M.K.T. RAILROAD;
THENCE NORTH 39 DEGREES 14 MINUTES 16 SECONDS WEST WITH A WEST LINE OF
FLOWERS BAKING CO. TRACT AND THE EAST RIGHT.OF.WAY LINE OF THE OLD M.K.T.
RAILROAD, A DISTANCE OF 391.25 FEET TO A FOUND IRON PIN AT THE BEGINNING OF A
CURVE TO THE RIGHT;
THENCE WITH THE EAST RIGHT-OF.WAY LINE OF THE OLD M.K.T. RAILROAD ALONG
SAID CURVE HAVING A DELTA OF 13 DEGREES 29 MINUTES 38 SECONDS, A RADIUS OF
2814.79 FEET, AN ARC LENGTH OF 662.92 FEET (CHORD OF NORTH 32 DEGREES 31
MINUTES 18 SECONDS WEST A DISTANCE OF 661.39 FEET) TO A 1/2 INCH IRON PIN SET
WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849;
THENCE SOUTH 87 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 1302.08
FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
1849;
THENCE NORTH 02 DEGREES 43 MINUTES 42 SECONDS EAST, A DISTANCE OF 1043.62
FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
1849j
THENCE NORTH 60 DEGREES 11 MINUTES 50 SECONDS WEST, A DISTANCE OF 294.75
FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
1849j
THENCE NORTH 03 DEGREES 08 MINUTES 54 SECONDS EAST, A DISTANCE OF 587.48
FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
1Ad9 ON TtU;: snIJT~RI(;I-I'!"-Q~-W.a,'V U~E OF EDWARDS ~OAO;
THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST WITH THE SOUTH
RIGHT-OF-WAY LINE OF EDWARDS ROAD A DISTANCE OF 434.98 FEET TO A FOUND IRON
PINj
THENCE NORTH 03 DEGREES 30 MINUTES 26 SECONDS EAST A DISTANCE OF 35.49
FEET TO A FOUND RAILROAD SPIKE IN EDWARDS ROAD ON THE NORTH LINE OF THE
FLOWERS BAKING CO. TRACT;
THENCE SOUTH 88 DEGREES 03 MINUTES 58 SECONDS EAST WITH THE NORTH LINE OF
THE FLOWERS BAKING CO TRACT A DISTANCE OF 172.15 FEET TO THE POINT OF
BEGINNING AND CONTAINING IN ALL 29.530 ACRES OF LAND.
PROPERTY DESCRIPTION
BEING 0 troct at land situated in the Gideon Walker Survey. Abstract No. 1330, Denton County, T~x(Js.
and being 01/ of those tracts conveyed to HoJigan Land Development. Ltd. by deeds recorded in
Instrument Nunlbers 03-135346. 04-9230, 03-207472, OJ~1665Jl. 03-207472 and 03-150512, (l()d
a portion of that tract conveyed to soid Holigan Land Development in Instrument Number 03-194979.
011 in Denton County Land Records. Texas, and Q portion of that tract conveyed to Richard A. Boria in
Volume 1329, Page 202, Denton County Land Records, Texas. and being more particularly described as
follows:
BEGINNING ot Cl 5/8" iron rod set for corner in Pockrus Page Road, said comer being southeost
corner of said tract conveyed to Holigan in Instrument No. 04-9230;
THENCE N 87"19'30" W, along the south line of said HoUgan tract, a distance of 482.6.3 feet to a
5/8" iron rod set for corner in said Pockrus Page Rood;
THENCE N 87"2.3'30" W, continuing along the south line of said Holigan tract, a distance of 1207.2/
feet to a 1/2" iron rod found for corner in said Pockrus Page Road;
THENCE N 03"25'31" E, a distance of 21.29 feet to a 1/2" iron rod found for corner on the north
right of way line of said Pockrus Page Rood;
THENCE N 87"24'50" W, along the south line of said Holigan tract, 0 distance of 50.17 feet to 0
fence corner post found for corner on the north right of way line of said Pockrus Page Rood;
THENCE N 86.:;7'30" W, 0 distance of 187.67 feet to a fence corner post found for corner at the
southeast corr >.:;r of a tract conveyed to Flowers Baking Corporation by deed recorded in Inslrument
No. 03-15927.?, Den ton County Land Records, Texas;
THENCE N 03.1.3'.37" [, along an east line of said Flowers tfact, a distance of 225.57 feet to a fence
corner post fo md for corner;
THENCE N 02":;8'OJ" [, continuing along on east line of said Flowers tract, 0 distance of 472.47 feet
to 0 corner Q\ an ell corner of said Flowers tract;
THENCE S 87"17'02" E, olong 0 south line of said Flowers tract, passing at 0 distance of 7.5 feet a
found 3/4" iron pipe and continuing for a total distance of 245.15 feet to a 5/8" iron rod found for
corn er;
THENCE S 81'27'31" E, continuing along a south line of said Flowers tract, 0 distance of 384.45 feet
to Q 1/2" iron rod found for corner iJ1 a southeast corner of said Flowers troct;
THENCE N 02"55'12" E, along on eost line of said Flowers tract, a distance of 1359.35 feet to a 1/2"
iron rod found for corner at a fence corner;
THENCE S 86",t7'45" E, departing said east line and generally along a fence line, a distance of 819.38
feet to 0 copped iron rod found for corner on the east line of a tract conveyed to Janice L. Val/on
by deed recorned in Volume 5107, Page 720, Denton County Land Records, Texas;
THENCE N 02"10'32" E, along the east line of said Val/on tract, a distance of 568.77 to a 5/8" iron
rod set for cerner in Edwards Road;
THENCE S 81'/.3'12" E, a distance of 219.23 to 0 5/8" iron rod set for corner;
THENCE S 02"46'48" W, 0 distance of 140.00 to 0 5/8" iron rod set for corner;
THENCE S 87"13'12" E, (J distance o.f 27.15 to 0 5/8" iron rod set for the point of curvature of 0
curve to the righ t;
THENCE in an t:asteny direction, aJong the orc of said curve to the right through a central angle of
02"28'09"" ha....ing a radius of 2000.00 feet, a chord bearing of S 85"59'07" E, a chord distonce of
86.18 feet and on ore length of 86.19 feet to 0 5/8" iron rod set for Q corner;
THENCE N 49'04'59" .- a ciistance of 13.85 to 0 5/8" iron rod set for corner;
THENCE i>J 02"_t5',1~f' E, n .ji~tL'nc'~ of i."52.30 to Q 5/8" iron rod set for corner in the uforemc:ntionc:d
Edwards Rood:
THENCE S 8T1.1'12" E, a distance of 657.40 feet to a 5/8" iron rod set for comer ut th<-_' nonhwest
corner of a tr,Jet conveyed to the Mary L. Mason Children's Trust, as recorded in Volume 4074, Page
1828, Denton ..:ounty Land Records, Texas;
THENCE S 02"41'24" W, along the west line of said Mason trust troct, a distance of 1.325.52 tee: to 0
fence corner post found for corner at the southwest corner of said tract and in the north line 01 a
tract conveyed to Holigan Land Development by deed in Instrument No. 04-50045, Denton County
Land Records, Texas;
THENCE N 8T23'32" W, along said north line, a distance of 556.47 to a 5/8" iron rod set for corner
at the northwest corner of said HaUgan tract;;
THENCE S 01"iS'12" W, along a west line of said Holigan tract, 0 distance of 1320.92 to the POINT OF
BEGINNING and containing 4,065199 square feet or 93.324 acres of land, more or less.
J, the undersigned, do hereby declare that this survey substantially
complies with the current Texas Society of Professional Surveyors
Standards and Specifications for a Category lA Condition 11 Survey
[:oie of Survey: 05-27-2004
E'y: Brockette-Oavis-Drake, Inc.
~~~~~JJ~~____________
t.rilh;~/ B. Marx
F:egistered Professional Land Surveyor 5181
PROPERTY SURVEY
93.324 AOUS (GIROS':)]
IPOClK~US IPAGlE & EDWAIKDS IROAD
DENTON COUNTY, IIEXAS
C3 BROCKETTE . DAVIS' . DRAKE , inc.
c:::>c:::>consulting engineers
Civil & Structural Engineering. Surveying
4144 North Central Expressway. Suite-nOO Oallas,Texas 75204
(214)824-3647. fox (214) 824-7064
CHECKED
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37,16 ACRES
FIElD NOTES all that certain lot, tract 01' parcel of'land situated In the G. Walker SUrvey, Abstract Number 1330, Denton County,
T8X8B and being BIota called Tract A andTracI B traclB of land descrlbed In the Deed to Murphy Family Partnel'llhlp, Ltd. . .'
recorded under Cotmty CIel1t'I FIle Number 96-ROO16035 of the Real PI'OfllBItY Reoords of Denton County, Texas. end being
more partlallerly deBCribedal foRows:
BEGINNING at a Y."Jron rod found for the Soulh8ist.Com8l' of the tract being described herein It the SoutheeBt comer of.lald
Murphy TI'IIcl A at the Southwest comer of a trBctof.18nd deBCribed In the Deed to Joy PoweIll'8OOI"ded In Volume 1695, Page
972 of the 0e8d Rec0rd8 of Denton County, T_erid In a road under eppsrent public use poeted as PaIge Road;
. ..
. THENCE North 86 Degrees 29 Mlnutes'25 Second8W88Ialong asldroad end wlth the South line of said Tract A. . distance of .
594.19 feel to a %"Iron rod found for the Southwest comer of 88Id Murphy TractAaOdthe SoulheaBl comer ofBSlId Murphy Tl8cl
. B In said road; .
. .
. .
. . .
THENCE North 86 Degrees 03 Minutes 03 Seconds Westcontlnulng along ask! roedand \tie South line of asld Murphy TracI B, a
dlsl8nce of 569,21' feet to 8 %" capPed IrOn rod setfcr the Southeast COITl8r of the tract being described herein at the Soultlwaat
comer of asld Murphy Tract B, at the Soulhea8t con\er of a tract of land desct1bed hi .th8 Deed to Allen P. Lubbers recorded
under County Clerk's FIle Number 96-ROO69629offle Reel Property Recorda of Denton County, Texas; ,
. THENCE North 02 Degreea36 MInul8831Secoll~ East Wtththe WestUneof BSlk! Murphy Tl8cl 8, a distance Of 1320.31 feet to
II y." Iron rod found for the Nor1heaBt comer Of laid Murphy Tract B;
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THENCE South 87 Degrees 26 Minutes 49 Sacond$ East with the North line of BSlId Murphy Tract 8, II distance of 620.64 feet to
B %" Iron rod found for the Nol'thsast asld MurpllyTract B end the Northwest comer.of asld Murphy Trect A;
'. '. ~ -' . .
THENCE Souih 84 Degrees 35 MInutes 41 S'8condIEast wlth theNorIh line of Hid Murphy Tract A. II dlatlince of 509.67 feet to .
II y,,' capped Iron rod aat for the Northaest comer of the of said Murphy Tract A; . . .
. ..1 . '. .
. THENCE South 07 Degrees 47 Minutes OS Seconds Eaat along and n811r a fenoB, e dlatance of 94.12 feet to II y,,' capped Iron
rod set for comer; . i
i
. .
, .
THENCE South 11 Degrees 25M!nu188 57 Secon/:fs East along and n811r a fence. a distance of 107.70 fest to 8 Yo' capped Iron
rod aat for comer;, i
. '.,.' .
. ." .
. ., ~ '.'
THENCE South 09 Degrees 11 MInutes 39 ~ E88I along and nears fence, 8 dlatance of 96.39 feet to II y,,' capped Iron
rod set foi' comer; , ,
THENCE South OS Degrees 33 MInutes 50 S9c0ndsE88Ialonil and nesrel'ence, e dlatance of 148.90 feet to a Yo' capped Iron
rod set for comer, .' -
THENce South 01 Degrees 31 Minutes 33 Sscorids East eIOng and near II fence, 8 distance of 201.34 feet to a Yo' Iron rod found
foi'~' .
THENCE South03Oegrees 04 Mlnutes18 Secor!ds East edlslance of 227,38 feel to a %"ron rod found for comer;
. ,. .
THENCE South 02 Degrees 27 Mlnutes12 Ssconds West along IIlld near a fsnce, IIdIalance of 300.92 feet to a %'Iron rod
found for comer; ..
. .
THENCE South 01 Degrees 41 MInutes 57 Secolldi East II dlatance of 154.71 feet to to the PLACE OF BEGINNING and
enclosing 37.18 8CI'98 of lend more 01' leaS. .
This Survey sketcll representBthe reliulla of anon-lhe-gl'OUnd survey made. under my direction and supervlalon on 11.@,OO.
There are no visible 01' IIPpanmt intrusion, prOtrusions 01' e_menta except as shown hereon.
,...... .,- . ..-...'.....',.-. ....,
L/ S ~L.- '2> - c.C a;!. .
Date
FLOOD STATEMENT: I have examIned the F.E.M.A. F100dlnsimlnce Rete Map Denton County, Texas, Community Number
. 480774. efI'ecIIve dete 4-2-97 and that maD indicates that this DI'ODertv Is wIlhtn "Non-Shaded Zone X" defined as . Areas
ELECTRIC UTILITY AND HIKE AND BIKE TRAIL EASEMENT
CITY OF DENTON
THE STATE OF TEXAS ~
~ KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON ~
That, Holigan Land Development, Ltd., a Texas limited partnership, hereinafter called "Grantor"
whether one or more, for an in consideration of Ten Dollars ($10.00), and other good and valuable
consideration, to Grantor in hand paid by the City of Denton, a municipal corporation, which is located
in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201,
hereinafter called "Grantee," has granted, sold and conveyed and by these presents does grant, sell and
convey unto Grantee an easement and right of way for the purpose of (i) erecting, operating,
maintaining and servicing thereon one or more electric power and/or communication lines, each
consisting of a variable number of wires, cables, and all necessary or desirable appurtenances,
attachments and complete supporting structures, including foundations, guy wires and guy anchorages,
and structural components (the "Electric Use") and (ii) erecting, operating, maintaining and servicing a
hike and bike trail for recreational uses (the "Hike and Bike Use") in, on, over, under, and across that
real property situated in Denton County, Texas, and more particularly described by as follows (the
"Easement" or "Easement Property"):
Refer to metes & bounds field note description titled Exhibit "A",
and survey plat illustration titled Exhibit "B",
both attached herewith and made a part hereof.
Grantee shall have the right to construct, operate, improve, reconstruct, increase or reduce the
capability, repair, relocate, inspect, patrol, maintain or remove such lines and other improvements
within such easement as Grantee may from time to time find necessary, convenient or desirable to erect
thereon and all rights necessary or convenient for full use of the above grant, including reasonable
access over, across and upon the above referenced land to such easement to the extent such access does
not materially affect Grantor's operational usage of such land. Grantor shall have the right to use the
easement for any purpose not inconsistent with Grantee's full enjoyment of the rights herein granted,
except as otherwise specified herein,
Grantee shall have the right to trim or remove trees and shr,ubbery to the extent necessary, in the sole
judgment of Grantee, to prevent possible interference with the operation of such lines and other
improvements or to remove possible hazards thereto. Grantee shall remove from the Easement tree
limbs, and clean up other debris, resulting from Grantee's operations hereunder.
Grantee acknowledges that no currently existing buildings and/or structures will be affected by this
Easement. Grantee shall have the right to remove or prevent the construction of any or all buildings,
structures, signs and obstructions within this Easement. If any such buildings, structures, signs or
obstructions are hereafter constructed or permitted by Grantor to exist within the Easement without
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prior written consent of Grantee then Grantee shall have the right to remove the same and Grantor
agrees to pay to Grantee the reasonable cost of such removal.
Grantee shall have no right to fence or enclose the Easement or to use it for any purpose other than as
set out above. The right of the Grantor to use the Easement Property for all other purposes that will
not interfere with the exercise of the rights of Grantee is reserved to the Grantor; provided that all such
uses shall be subordinate to this Easement and all such facilities shall be properly grounded,and shall
be so constructed as to provide with respect to Grantee's lines and other facilities the minimum
clearance provided by law, and recognized as standard in the electrical industry. Grantor shall not have
the right to erect or maintain fences within the Easement Property.
Grantee shall not be liable for damage or loss to crops sustained in the future by Grantor resulting from
the Grantee's construction, reconstruction, repair, replacement, or other use of this Easement.
TO HAVE AND TO HOLD the above Easement and right of way unto Grantee, its successors and
assigns, and Grantor hereby warrants and forever agrees to defend the above described Easement and
right of way unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through, or under Grantor, and not otherwise,
subject, however, to the rights of the owner or owners of any existing easements within the, Easement
Property.
,
Notwithstanding any provision herein to the contrary, the Easement, right-of-way and rights provided
herein for the Electric Use shall at all times and for all purposes be superior to the easemen~, right-of-
way and rights provided herein for the Hike and Bike Use.
Grantee acknowledges and agrees that Grantor has or intends to convey to the Flowers Baking Co. of
Denton, LLC, a Texas limited liability company ("Flowers") certain perpetual, non-exclusive
easements for the purpose of drainage and retention of storm and surface waters upon and through
certain property that includes the Easement Property (the "Flowers Easement"), which: Flowers
Easement was recorded in the Real Property Records of Denton County, Texas on June 23, 2005
under Document number 2005-75250. The easements and rights of Flowers provided for in the
Flowers Easement shall be subordinate to the easements, right-of way, and rights provided for herein.
Notwithstanding any provision herein, Grantor shall have the right to execute, deliver and record the
Flowers Easement and the Grantee hereby expressly acknowledges (i) that the easements in favor of
Flowers in paragraph 1 of the Flowers Easement are approved by the Grantee, (ii) that the portion of
the Easement Property burdened by the this instrument and the easements, right-of-way and rights'
created hereunder, shall perpetually accept the Existing Discharge (as defined in the Flowers Easement)
subject to the terms and provisions of paragraph I of the Flowers Easement either into the Drainage
Channels (as defined in the Flowers Easement) or into the Alternate Drainage Facilities (as 'defined in
the Flowers Easement), as applicable, and (iii) that with the Grantee's written consent, which shall not
be unreasonably conditioned, denied or delayed, Flowers shall have the right to enter upon the
Easement Property to complete any maintenance of the Drainage Channels, Retention Pond (as defined
in the Flowers Easement), or Alternate Drainage Facilities that Flowers may be entitled to perform
under paragraph I of the Flowers Easement. '
This easement, together with the other provisions'of this grant, shall constitute a covenant running with
the land for the benefit of Grantee, it successors and assigns. The right hereby granted is severable and
may be assigned either in whole or in part.
Page 2
S:\Our Documents\Contracts\05\Holigan.City Electric-Trail Easement,doc
EXECUTED this
day of
,2005.
HOLIGAN LAND DEVELOPMENT, LTD.
By:
Printed Name:
Title:
ACKNOWLEDGMENT
THE STATE OF
~
COUNTY OF
~
This instrument was acknowledged before me on this the _ day of , 2005
by , general partner of Holigan Land Development. Ltd., a Texas limited
partnership, on behalf of such limited partnership.
Notary Public - State of
My Commission Expires
Accepted this _ day of
(Resolution No. 91-073).
, 2005 for the City of Denton, Texas
By:
Paul Williamson
Real Estate Manager
After Recording, Return to:
Paul Williamson, City Hall East
City of Denton, 601 E. Hickory, Suite B
Denton, Texas 76205
Page 3
S:\Our Documents\Contracts\05\Holigan-City Electric-Trail Easement:doc
....
ExmBIT 'A'
PAGE 1 OF3
34102
05/02105
ALL THA 'I' CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G.
WALKER SURVEY ABSTRACT NUMBER 1330, DENTON COUNTY, TEXAS, AND BEING PART
OF THE CALLED 9] .921 ACRE TRACT DESCRIBED IN A DEED TO FLOWERS BAKING CO. OF
DENTON, LLC, RECORDED IN COUNTY CLERK'S FILE NUMBER 03-ROI59272, REAL
PROPERTY RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PART[CULARL Y
DESCRIBED AS FOLLOWS:
COMMENCING AT A 112 INCH IRON PIN FOUND AT TIlE SOUTHERN MOST SOUTHWEST
CORNER OF FLOWERS BAKING CO. TRACT AND THE NORTH RIGHT -OF-WAY LINE OF
POCKRUS PAIGE ROAD, SAID PIN ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF THE
OLD M.K.T. RAILROAD;
THENCE NORTH 39 DEGREES 14 MINUTES 16 SECONDS WEST WITH THE SOUTHWEST LINE
OF SAID FLOWERS TRACT, A DISTANCE OF 4 [2.02 FEET TO A 112 INCH IRON PIN FOUND ON
THE SOUTHWEST LINE OF SAID FLOWERS TRACT AND THE BEGINNING OF A CURVE TO
THE RIGHT;
, THENCE WITIrSAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 02 DEGREES 03
MINUTES 43 SECONDS, A RADIUS OF 2814.79 FEET, AN ARC LENGTH OF 101.30 FEET, AND A
CHORD BEARING NORTH 38 DEGREES 14 MINUTES 15 SECONDS WEST, A DISTANCE OF
]01.29 FEET TO A POINT ON THE SOUTH\\?OST LINE OF SAID FLOWERS TRACT AND BEING
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;
THENCE CONTINUING WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF
01 DEGREES 25 MINUTES 33 SECONDS, A RADIUS OF 2814.79 FEET, AN ARC LENGTH OF 70.04
FEET, AND A CHORD BEARING NORTH 36 DEGREES 29 MINUTES 38 SECONDS WEST, A
DISTANCE OF 7,0_04 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID FLOWERS TRACT;
THENCE NORTH 51 DEGREES 37 MINUTES O[ SECONDS EAST, A DISTANCE OF 117.28 FEET;
THENCE NORTII 03 DEGREES 03 MINUTES 00 SECONDS EAST, A DISTANCE OF 334.05 FEET;
THENCE SOUTH 87 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 940.82 FEET
TO A [12 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849";
, THENCE NORTH 02 DEGREES 43 MINUTES 42 SECONDS EAST, A DISTANCE OF 1043,62 FEET
TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849";
THENCE NORTH 60 DEGREES 11 MINUTES 50 SECONDS WEST, A DISTANCE OF 294.75 FEET
TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849";
THENCE NORTH 03 DEGREES 08 MINUTES 54 SECONDS EAST, A DISTANCE OF 30.18 FEET;
THENCE NORTH 10 DEGREES 34 MINUTES 45 SECONDS EAST, A DISTANCE OF 555.3] FEET;
THENCE SOUTH 86 I?EGREES 44 MINUTES 08 SECONDS EAST, A DISTANCE OF 380.18 FEET;
THENCE SOUTH 03 DEGREES 08 MINUTES 54 SECONDS WEST, A DISTANCE OF 70.00 FEET;
.c,",',,-
'-, ,'....:,.
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PAGE20F3
THENCE NORTH 86 DEGREES 44 MINUTES 08 SECONDS WEST, A DISTANCE OF 318.73 FEET;
THENl:;E SOUTH 10 DEGREES 34 MINUTES 45 SECONDS WEST, A DISTANCE OF 472.57 FEET; ,
THENCE SOUTH 60 DEGREES II MINUTES 50 SECONDS EAST, A DISTANCE OF 291.99 FEET;
THlJNCE SOUTH 02 DEGREES 43 MrNUTES 42 SECONDS WEST, A DISTANCE OF 1156.J ] FEET;
THENCE NORTH 87 DEGREES 33 MINUTES 17 SECONDS WEST, A DISTANCE OF 941.21 FEET;
THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST, A DISTANCE OF 96.51 FEET T
TO A 1/2 INCH IRON PIN FOUND AT THE NORTHWEST CORNER OF A TRACT DESCRIBED IN
A DEEDTOKENNETH D. OWEN, RECORDED IN VOLUME 763, PAGE 137, DEED RECORDS,
, DENTON COUNTY, TEXAS AND AN INNER ELL CORNER OF SAID FLOWERS TRACT;
THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST WITH THE EAST LINE OF SAID
FLOWERS TRACT AND THE WEST LINE OF SAID. OWEN TRACT, A DISTANCE OF 199.86 FEET
TO A POINT ON THE WEST LINE OF SAID OWEN TRACT AND THE EAST LINE OF SAID
FLOWERS TRACT;
THENCE SOUTH 51 DEGREES 37 MINUTES OJ SECONDS WEST, A DISTANCE OF 151.17 FEET
TO THE POINT OF BEGINNING AND CONTAINING IN ALL 5.886 ACRES OF LAND. ,
_ ___'_..' _ '. _ ,', ,.... .._...~,,' _ __L~... ...~,,:j "...;,'"..,
L1NE TABLE
L1 N39'1416
L2 N51'37'Ol"E
L3 N03"03'OO"E
L4 S8733'17 E
L5 NOZ43'42"E
L6 N60" 11'50''W
L7' N03'08 54 E
L8 N10'34'45"E
L9 ' S86'4408 E
L 10 S03'08'54''W
L11 N86'44'08"w
L12 Sl 0'34' 45"w
L 13 S60'l150 E
L14 S02'43'42''W '
L15 N8733'17"W
L 16 S03'03'OO''W
L17 S03'03' "
L18 S51'37'Ol"w,
412:02
117.28
334,05
940.82
1 043.62
294.75
30.18
555.31
380.18
70.00
318.73
472.57
, 291.99
1,156.11
941.21
96.51
199.86
151.17
V A L
Cl C2
RADIUS: 2,814.79 2814.79
DELTA: Z03'43'" 1"25'33"
LENGTH: 101;30 70.04
. CHORD: N38'14'15"w N36"29'38"W
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Surveying, Inc.
940-387-0506 223 W. HICKORY, DENTON, TEXAS 76201 info@metroplexsurveying.com
WN, ~RH CKD. BGS SCALE 1 "=300' DATE 05/02/05 JOB NO'34102
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POINT OF
COMMENCING
" '..' ". "-~- ,', '. ._-c . .~__. ;"'.""'~,, ,_".,~,;,'~"",':.'''~.A... >,,.: "",'_,~
ABANDONMENT, RELEASE AND QUIT CLAIM
THE STATE OF TEXAS
s
s
s
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
WHEREAS, Holigan Land Developmcnt, Ltd. (the "Owner") is the owner of certain real
property located in the City of Denton, Denton County, Texas and containing approximately
160.023 acres of land, as more particularly described in Exhibit "A" attached hereto by reference
(the "Property"); and
WHEREAS, the Property is encumbered by certain electric easements that are owned by
the City of Denton, Texas (the "City") through Denton Municipal Electric ("DME") which
easements are more particularly described as follows: That certain easement from Roland Hill
and wife, Liffie Ilah Hill to Brazos River Transmission Electric Cooperative, Inc. dated June 3,
1947, recorded in volume 357, page 56 of the Deed Records of Denton County, Texas and that
certain easement from J.B. Schmitz to Brazos River Transmission Electric Cooperative, Inc.,
dated June 4, 1947, recorded in Volume 354, page 394 of the Deed Records of Denton County,
Texas, both of which were assigned to the City of Denton, Texas pursuant to that certain
Assignment dated October 23, 1987, recorded in Volume 2736, page 825 of the Real Property
Records of the Denton County, Texas (collectively, the "Existing Easements"); and
WHEREAS, pursuant to City Ordinance No. 2005-297 passed and approved on
September 20,2005 (the "Ordinance"), the City Council of the City authorized the abandonment
and release of the Existing Easements to the extent they encumber the Property; Now, therefore,
The City in consideration of the sum of Ten Dollars and No Cents ($10.00) and other
good and valuable consideration in hand paid by the Owner, the receipt of which is hereby
acknowledged, does by these presents, abandon, release, and quit claim unto Owner, its
successors and assigns, all of its right title and interest in and to the Existing Easements to the
extent they encumber the Property, subject however, to the City's right to enter upon the
Property for the purpose of removing all DME electric poles, wires and appurtenances currently
located within the Property by virtue of the Existing Easements (the "Existing Facilities"),
provided that such right of entry will terminate one hundred eighty (180) days after the date
hereof. The City will expeditiously remove the Existing Facilities from the Property. The City
acknowledges that the conditions to the effectiveness of the abandonment and release of the
Existing Easements pursuant to Section 2 of the Ordinance have been satisfied.
TO HAVE AND TO HOLD all of City's right, title and interest in and to the Existing
Easements to the extent they encumber the Property unto the Grantee, its successors and assigns
forever, so that neither City nor its successors or assigns shall have, claim or demand any right or
title to Existing Easements to the extent they encumber the Property, except for the limited right
S:\Our Documents\Contracts\05\HolIigan Quit Claim Deed-2.rtf
of entry to the Property to remove the Existing Facilities as provided above, which right shall
temlinate as provided above.
Witness myhand, this the,,-3A'd day of ~&u, 2005.
CITY OF DENTON, TEXAS
~~~
By:
Michael A. Condu f
City Manager
1?Iiw.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: QiA/l)fAtUrUM,tldt
BY:
ACKNOWLEDGMENT
THE STATE OF TEXAS S
COUNTY OF DENTON S
This instrument was acknowledged before me on Or-;f;;:t ~ , l "3 ~, 2005 by
Michael A. Conduff, CityMa a er, of the City of Denton, Texas, on behalf of said city.
~and~Texas.
My Commission Expires: / .;l..cl' -/J J-
Page 2
"",,~....,L.J:.""':"""":_
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. ._..-:1:'::::-=..:~:i.":-:"'-
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Exhibit A
ALL THAT CERTAIN TRACT DR PARCEL OF LAND LYING AND 'BEING SITUATED IN THE G.
WALKER SURVEY ABSTRACT NUMBER 1330,DENTON COUNTY, TEXAS, AND BEING
PART Of THE CALLED 91;921 ACRE, TRACT bESCRIBEDIN A DEED TO rLOWiORS BAKING
CD. Of ,DENTON, LLC, RECORDEO IN COUNTY CLERK'S fiLE NUMBER 03'11.01592.72, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND ALSO BEING DESCRIBED AS ALL
DF LOT 2, BLDCKA,fLOWERS FDOD ADDITION, AN ADDITION TO THE CITY Of DENTON,
ACCDRDING TO THE PLAT THEREOf, RECDRDED IN CABINET W, PAGES' 333 AND 334,
P~AT RECORDS, DENTON COUNTY, TEXAS,.AND.ALL OF LOT 3, 'SLOCK A, FLOWJ;.RS
FOOD ADDITION, AN ADDITIDN TO THE CITY or D'ENTON, ACCORDING YO THE PLAT
THEREOf, RECORDED IN CABINET W, PAGES 335 AND 336, PLAT RECORDS, DENTON
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A fOUND RAILROAD SpiKE AT A NORTHEAST CORNER Of THE fLOWERS
BAKING CO TRACT IN EDWARDS ROAD;
THENCE SOUTH 02 DEGREES 40 MINUTES '55 SECONDS WEST WITH A EAST LINE OF THE
FLOWERS BAKING CD. TRACT AND THE WEST LINE Of A CALLED 16.0 ACRE TRACT
DESCRIBED INA DEED TO RICHARD BARIA, ,~ECORDEDINVOLUM~.1329, PAGE 202,
REAL PROPERTY RECDRDS, OENTON COUNTY, TEXAS, A DISTANCE Of 698.28 fEET TO
A fOUND IRON PIN AT AN ANGLE POINT IN THE EAST LINE OF THE FLOWERS BAKING
CD. TRACT AT THE NoRTHWESY CDRNER Of A CALLED6.~68 ACRE YRACT DESCRIBED
IN A DEED TO HClLlGAN LAND DEVELOPMENT; LTD., RECORDED IN DOCUMENT NUMBER
2004-500401 OFFICIAL PUBLtC RECQRDS, DENTON COUNTY, TEXASj
THENCE SOUTH 02 DEGREES 43 MINUTES 42 SECONDS WEST, CONTINUING WITH A
EAST LlNE Of THE fLOWERS BAKING CD. TRACT AND THE WEST LINE OF SAID6.9G8
ACilE TRACT, A DISTANCE OF 1249.03 FEET TO A fOUND IRON PIN AT A SOUTHEAST
,CORNER Of THE FLOWERS BAKING CO TRACT ON THE NORTH LINE OF THE 20.D57
ACRE TRACT TO HOLlGANLAND DEVELOPMENT, LTD.RECoRDE,D IN COUNTY CLERK'S
FILE NUMBER 03-R013S346, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 87 DEGREES 33 MINUTES 17 SECONDS WEST WITH A SOUTH LINE Of
.THE FLOWERS BAKING CO. TRACT AND A NORTH 'LINE OF SAID 20.057 ACRE TRACT, A
DISTANCE OF 622.20 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER Of THE
FLOWERS BAKING CO, TRACT, AND THENDRTHWEST CoRNEHA CALLED 2.646 ACRE
TRACT DESCRIBED IN A DEED TO HOLIGAN LAND DEVELoPMENT,LTD. RECORDED IN
COUNTY. CLERK'S DOCUMENT NUM13ER 2004.02301 REAL PROPERTY RECORDS1 _DENTON
COUNTY, TEXAS;" .
THENCE SOUTH 03 DEGREES 19 MINUTES 02 SECONDS WEST WITH A EAST LINE Of THE
FLOWERS BAKING CO. TRACT AND A WEST LINE OF THE 2.846 ACRE TRACT A DISTANCE
OF 472.97 fEET TO. A FOUND FENCE CORNER POST AT AN ANGLE POII-:-T IN A, EAST LINE
OFTHE fLOWERS BAKING CO. TRACT AND THE 'NORTHWEST CDRNER Df THE CAlLED
0~942 ACRE TRACT DESCRIBED IN THE DEED TO HOLIGAN LANDDEVELDPMENT, I.. TO.
RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 2004,0230, REAL PROPERTY
RECORD~, DENTON COUNTY, TEXASj
THENCE SOUTH 03 DEGREES 01 MINUTES 21 SECONDS WEST CONTINUING WITH A,
EAST LINE OF THE FLOWERS BAKING CD. TRACT AND THE WEST LINE OF THE 0.942
ACRE TRACT A DISTANCE OF ,224.75 fEET TO A fOUND SYEEL PIPE AT A SDUTHEAST
CDRNER Of THE fLOWERS BAKING co. TRACT ON THE NORTH RIGHT-of.WAY LINE OF
PO.CKRU5 PAGE ROADj
THENCE NORTH 67 DEGREES 56MINUTES 40 SECONDS WEST WITH A SOUTH LINE OF
THE FLOWERS BA~ING CO. TRACT AND THE NORTH RIGHT-OF-WAY LINE Df PoCKRUS
PAGE ROAD, A DISTANCE OF 218.61 FEET TO A FOUN.D STEEL PIPE AT A SOUTHWEST
CORNER OF. THE FLOWERS BAKING CO.-TRAGT AND THE SOUTHEAST CORNER OF THE
TMCT OFLANO DESCRI13ED IN THE DEED TO BETTY JOHN ROBf:RTSON !tECnRDED IN
VOLUME2423..PAGE 932 OF THE REAL PROPERTY RECORDS OF DENTON CoUliTY, '
TEXAS; .
Mi
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THENCE NORTH 01 DEGREES 47 ~INUTES 13 SECONDS EAST WITH A WEST. LINE OF
THE FLOWERS BAKING CO. TRACT AND THE EAST' LINE OF THE ROBERTSON TRACT A
DISTANCE OF 683.38 FEET TO A FOUND IRON PIPE AT AN INNER ELL CORNER OF THE
FLOWERS BAtClNG CO. TRACT AND A NORTHEAST CORNER OF THE CALLED 3.980 ACRE
TRACT TO KENNETH D. OWEN RECORDED IN VOLUME 763, PAGE 137 OF THE DEED
RECORDS.OF. DENTON COUNTY) TEXASj
THENCE NO'RTH 87 DEGREES 39 MINUTES 54 SECONDS WEST WiTH A SOUTH LINE OF
THE FLOWERS BAKING CO. TRACT AND THE NORTH LINE OF THE OWEN TRACT A
DISTANCE OF 363.71 FEET TOA FOUND IRON PIN AT AN INNER ELL CORNER OF
Fl.oWERS BAKING CO. TRACT;
THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST WITH AN EAST LINE OF
FLOWERS BAKING CO. TRACT AND THE WEST LINE. OF THE OWEN TRACT A DISTANCE
OF 397.16 FEET TO A FOUND IRON PIN; 1
THENCE SOUTH 39 OEGREES 11 MINUTES 49 SECONDS EAST WITH AN EAST LINE OF
FLOWERS,8AKING co. TRACT AND THE SOUTH LINE OF THE OWEN TRACT A OISTANCE
OF 362.08 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED
METROPLEX 1849 AT THESOUTHERN'MOST SOUTHEAST CORNER OF SAID LOT 2,
B~OCK A, ON THE NORTH RIGHT~OF-WAY LlNE.OF POCKRUS PAGE ROAD;
THENCE NORTH 87 DEGREES 29 MINUTES 45 SECONDS WEST WITH A SOUTH LINE OF
SAID LOt'2, BLOCK A, AND THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD
A DISTANCE OF 26.69 FEET TO.A 1/2 INCH IRON PIN SET WITH.A YELLOW PLASTIC CAP
STAMPED METROPLEX 1849 AT THE SOUTHERN,MOST SOUTHWEST CORNER OF SAID
LOT 2, BLOCK A, ON THE EAST RIGHT~OF-WAY LINE OF THE OLD M.KT. RAILROADj
THENCE NORTH 39 DEGREES 14 MINUTES 16 SECONDS WEST WITH A WEST LINE OF
FLOWERS BAKING CO. TRACT AND THE I;ASTRIGHT.OF.WAY LINE OF THE OLD M.K.T.
RAILROAD, A DISTANCE OF 391.25 FEET TO A FOUND IRON PIN AT THE BEGINNING OF A
CURVE TO THE RIGHT;
THENCE WITH THE EAST RIGHT-OF,WAY LINE OF THE OLD M.K.T. RAILROAD AlONG
SAID CURVE HAVING A DELTA OF 13 DEGREES 29 MINUTES 38 SECONDS, A RADIUS OF
'2814.79 FEET, AN ARC LENGTH ClF 662.92 FEET (CHORD OF NORTH 32 DEGREES 31
MINUTES 18 SECONDS WEST A DISTANCE OF 661.39 FEET) TO A 1/2 INCH IRON PIN SET '
'WITH A YELLOW PLASTIC CAP STAMPED METRoPLEX 1849;
THENCE SOUTH 87 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 1302.08
FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
1849j
THENCE NORTH D2 DEGREES 43 MINUTES 42 SECONDS EAST, A,DISTANCE OF 1043.62
FEET TO A'1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
1849;
THENCE NORTH 6D DEGREES 11 MINUTES 50 SECONDS WEST, A DISTANCE OF 294.75
, FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
1849j
.'
THENCE NORTH 03 DEGREES 08 M1NUTES 54 S.ECONDS EAST, A DISTA~CE OF 587.48
FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
.1849 ON THE SOUTH RJGHT~OF-WAY LI~E OF EDWARDS ROADj
, ,
THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST WITH THE SOUTH
RIGHT-OF-WAY L1N~ OF EDWARDS ROAD A DIS.TANGE OF 434.98 FEET TO A FOUND IRON
PIN;
THENCE NORTH 03 DEGREES 30 MINUTES 25 SECONDS EAST A DISTANCE OF'35.49
FEET TO A FOUND RAILROAD SPIKE IN EDWARDS ROAD ON THE NORTH LINE OF THE
FLOWERS BAK,ING CO. TRACT;
THENCE SOUTH BB DEGREES 03 MINUTES 58 SECONpS EAST WITH THE NORTH LINE OF
THE. FLOWERS BAKING CO TRACT.A DISTANCE OF 172.15 FEET.TO THE POINT OF
BEGINNING AND CONTAINING IN ALL 29.530' ACRES OF LAND.
PROPERTY DESCRIPTION
]NG 0 tract of land situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas.
Id being 011 of those tracts conveyed to HoUgan Land Development, Ltd. by deeds recorded in
,trument Numbers 03-135346, 04-9230, 03-207472, 03-166531. 03-207472 and 03-150512, and
portion of that tract conveyed to said HoJigon Land Development in Instrument Number OJ-194979.
in Denton County Land Records, Texas, and 0 portion of that tract conveyed to Richard A. Boria in
,fume 1329, Page 202, Denton County Land Records, Texas.. and being more particularly described os
Jlows:
:GINNING at 0 5/8" iron rod set for corner in Pockrus Page Road, soid corner being southeast
lmer of sajd tract conveyed t~ HoUgan in Instrument No. 04-9230;
IENCE N 87'19'30" W, along the south line of said Haligan tract, a distance of 482:63 feet to 0
18" iron rod set for corn er in sajd Pockrus Poge Rood;
fENCE N 87"23'30" W, conUnuing along the south line of said Ho/igon tract, 0 distance of 1207.27
et to Q 1/2" iron rod found for corner in said Pockrus Page Rood;
IENeE N 03"25'31" E, a dist.ance of 21.29 feet to 0 1/2" iron rod found for corner on the north
]ht of way line of said Pockrus Page Road;
IENCE N 87"24'50" W, along the south line of said HoJigan tract. a distance of 50.17 feet to 0
nee corner post found for corner on the north right of way IJne of said Pockrus Page Rood;
lENCE N 86'57'30" W, Q djstance of 187.67 feet to a fence corner post found for: corner at the
lutheost corf t:r of a troct conveyed to Flowers Baking Corporation by deed recorded jn Instrument
). 03~.15927;?, Denton ~ounty Land Records, Texas;
fENCE N 03"13'37" E. along on east line of said Flowers tract, a distance of 225.57 feet to a fence
lrner post fo.;nd fc:r corner;
IENCE N 02":;8'03" E, continuing aiong on eost line of said Flowers tr-act, a distance of 472.47 feet
, a comer at an e/J corner of said Flowers tract;
lENCE S 87"17'02" E, along 0 south line of said Flowers tract, passing at 0 distance of 7.5 feet.o
und 3/4." iron pipe and continuing for 0 total distance of 245.15 feet to a 5/8" iron rod found for
Jrner;
-JENCE S 87"27'J1" E, continuing along a south line of.said Flowers troct, c' distance of 384.45 feet
I 0 1/2" iron roc1 found for corner in a southeast corn.er of said Flowers tract:
~ENCE N 02"55'12" E, .along an east line of said Flowers tract, a distance of 1359.35 feet to 0 1/2"
on rod found' for corner at a .fence corner;
,ENCE 5 86"47'45" E, deporting said east line ond. generol1y olong a fence line, 0 distance of 819.38
~et to Q capped iron rod found for corner on the east line of a tract conveyed to Janice L. Vo/Jon
y deed recorded in Volume 5107, Page 720, Denton County 4and .Records, Texas;
~ENCE N OZ'IO'32" E, along the east line of said ValloIl tract, 0 distance of 568.77 to Q 5/8" iron
Jd set for corner in Edwards Road;
-IENCE 587"13'12" E, 0 distance of 219.23 to 0.5/8" iron rod set for corner;
-IENCE. 5 OZ46'48" W, 0 distance of 140.00 to a 5/8" iron rod set for corner;
-iENCE 5 81'13'12" E, Q distance of 27.15 to 0 5/8" iron rod set for the .point of curvature of 0
Jrve to the right;
fHENCE in aneasterfy direction, along the arc of said curve to the right, through a central angle of
J;:;.28'09",. 'having u radius of 2000.00 feet, a chord bearing of S 85059'07" E, a chord distance of
36.18 feet and' on arc length of 86.19 feet to 0 5/8" iron rod set for 0 corner;
THENCE N 49004'59" E, 0 distance of 1J.83 to 0 5/8" iron rod set for corner;
THENCE ,~ 02'-'0"'09" E. 0 distunce of '132,30 to 0 5/B" iron rod set for ,corner in the aforementioned
Edwards Rood;
THENCE S 87'13'12" [, a distance of 657.40 feet to a 5/B" iron rod set for corner at the norfhwest
corner of a trod conveyed to the Mary L Mason Children's Trust, os recorded in Volume 4074, Page
1828, Denton County Land Records, Texas;
THENCE 5 02-"41'24" W, olong the west line of said Mason trust tract, 0 distance of 1325.52 feet to a
fence corner post 'found for corner ot the southwest corner of said tract and in the north line of a
troct conveyed to Haligan Land Development by deed in Instrument No. 04-50045, Denton County
Land Records, Texas;
THENCE N 81023'32" W, olong said north line, a distance of 556.47 to Q 5/8" iron rod set for corner
ot the northwest corner of said Holigan tract;;
THENCE S 01'15'12" W. along a west line of said Holigan tract, 0 distance of 1320,92 to the POINT OF
BEGINNING and containing 4,065199 square feet or 93.324 acres of land, more or'less.
I, the undersigned, do hereby declare that this survey substantioify
complies with the current Texas Society of Professional Surveyors
Standards and Specifications for a Category 1 A Condition if Survey.
[:ote of Survey. 05-27-2004
E'y. Brockette-Davis-Drake, Inc.
~'~~~~~J~~____________
Mith;;ei B. Marx
F:egistered Professional Land Surveyor 5181
. . - .
PROPERTYf<$URVEY
93.324 AOUS'(G~OSS)
IPOCIKIRUS !PAGlE ,& E0WA~IDS ~OAD
D1ENION COUhil~f TEXAS
t::3 BROCKETTE . DA VIS~:;iDRAKE , inC.
L::::>Dconsulting erfgineers
~ivil & structural Enginee:r~ng' Surveying
, 4144 North Central Expressway. Suife,h~i)Q Dallas.Texas 75204
'(214)B24-3647. fox (21'~r,824-7064
CHECKED
DRAWN
DATE
SCALE
NaTES
r'llE:
MBM
JL
5/27/04 1"=200'
C03292BY
BG
::r,.....
NO.
17.18 AGI'{l:o::;,'
"'. .. .' '" .. .' . . . ."' ""
'. " :- . '. ", ", . .," ,".." .' "." .." '. .. ..... ",,:.", . -.. ," .
'IELD NOTES all thai certain 101, iract or p!J.rcOI of IS1nd81lualad In the G.Welker Survey, Abslracl Numoo.r, 1330, D9nt'OC1Coonty,
iioole andbelngaBofll calledTract A end TraclBttact8 of IlIl1d descnbM In 'lh1l ~ to Murphy FamIly Parlnef'llhlp, Ltd. ' '
acordedund9rCOOhiy CklrI(s FlhiNumbsr 9i>-ROOil1035 of the Real PI'O(i>ertyRecordtl of Danton County, TalUis,anrlbillng,
Ilore pllrtlcularly ooscnbedaefonowli: ';: ' "
.
lEG INNING atB ~'Jronrod found for lh9Sou1hellsl:i:omlirCll the tract being described hemlh ~ th8 Sou1haaslcomer ohald '
AUrjlhy TvactAst tha SOt.rthwesl Coi'n&t'ofa ti'actof:l8nddescrlb-9d In ,the Deed 10'Ji:ry P0v.-6111"llCOl1:!OO In Volume 1695,Pllga'
172 of the Dead Recoros of DilntonCoonty, T eYc6S Md In a i'OSd under apparem publ!C Ullll posted ss Paige ROOd;
rHENCENooh 88 Dagriles 29 MlhlJt8li25 Seconds West-along aakl rood and wlthlhe South 1100 ofsak! TrootA, ll,dllltllOce of'
i94.19Ieet loa ~.Iron rod found foIrtha &iuthwesfwmer or liaIdMurph~TractA1U'\dlhe Soulhe8sl comer ofllalld MUl'lJhy Tract
lln aakj road; , '
....
!'HENCE NOrth 86 begrres03 Minu\8s03 SeOOndliWeslcoritlnulng along said roadaildthe South 1100 of saki MurptJYTflllCI 8, 8'
lIat8Jnceof 669,21'feet loaWC8~d IiOO U'txllMltfor the Sou\heastcorner ofllietNIOt belngdeacrlbed hereln at lhllSoUIliwast
:orner of saId MUl'lJhy Tract 8, at the Southeast rori'ifji'.of atraci Of land dasCt1bed lrithe Deed to Allan P. Lubbara record&<! ,
mder CouirtyClert\'s Ft1s Number S&-ROO60029ofii'ls,f{eaI PToparty R&60rOs of DentclIi COUrrty, Texsa;' ,
. . .' '.' . ". . . .
fHENCENorth 02 begreeS36 MlnUtea3tSecondij EastWtlhlfyeWestllneofSllIdMurjlhy If'llct B, II dlstilnce of 1320:31 feet to
1 y,' Iron rOO foondfor lh9 Northeast comer Of mid Murphy TraciS; " , ' ,
. .... '. .' :'.' ,,". . . . ; ~l~... . . . '. ..' .
THENCE Soinh 87 Degrees U Minutall49 ~~ EaSt wlll1'the Nortli nna, OfSllld Mutphy tract B, II dlstance,of 620.6<1 fem to,
lW Iron ,rOO found for the N~ silid MurphyTi"llct B llIldlhe NOrthw9Si.comar ofsakl Mlllpliy Tmct A; ,
'" , ',' 1-'. , " " '
rHENCEiouih84DegreaS~MinUteS 41',~Es~t with thilNorthllr16ofas~ MurphyTlllCt A, II dlstlince,of 509.67 feal to, '
l.~'C8pp-sdlronrodaetfoj-lhfiNortl1aBsloomerOftheofll8ldMurphYTniCtA;. ',',',', ',,'
THENCE Sooth 07 Degrees47MklUtes~ 4 East along and nas'r ~ f8oos,~ distanCe ~ 94.12 feet to a )1,' CIlppedlron
"Od set for comerj j.
, 'j
THENCE Sooth 11 DegrElllS 25MInu\eli,57 ~ East along end nasr !I fence;e dlalarice of 10'7:70 ~ to a ~. CIlppadlrOn
"Od silttor comer;' 'T '" ' ,
.1 .:.~. . ~
'. . .
THENCE sooth 09 Degrees 11M1nUte839,~ EiIs! B!ong af1(!l'\ellJra fence, ad18~rice of OO.3S feet III II W capp-ad.Jron,
rod set for comer; ,;: ., ' , ,
. 'o' ". "." '. ,: . . ..t'. . "':':' . '. . ... . .' . . . .
THENCE Sooth 05 begmils 33MIni.JUl850 ~EBSta!ong Prnl n6S1ra ~;s distance of 148,00 feet to a )1,' capped Iron '
rod set tor comer; , , .., " , "
.,(.-
..' . "'~", c' '. .. .... . .' '. . .
THENCE SoUtti 01 Degrees 31 Mmutes33~ ESlSt alOng and nears ience, a distance of 201.34 foot toa ~'Ironrodfuund
forcomer;" ',' , ' ' ,
"
.' , . '. . '.. '., .' ..' .... . .
THENCE sooth,03D&grees 04 Minutes ~8 $eCoiY.lilEast lId!stanoo of 227.35 'feet to a W Iron rod found for Comer; , "
".',',.,
THENCE sooth 02 Degrees 27 MIOut8ii12 sk6nds W83Ialorig and nears fence, IIdlStance of 300.92 feSt ,to a W Iron rod
I'oond for cbmer; " , '
.... -. . . ..,. .' ....
- .' . .' . -. .:-: .:. ".. .' '.' '.'
THENCE sooth 01 Degre9s41 Mliiut8a 57 S9600dS 8ist a,dlatarice of 154.71 feet to to It;ePLACE OF BEGINNING and
enclosing 37.i6ilcrBs of IllllldrTlOl'& or i~.' '" ' ,
, -t.
.' . '. .. . . .
. . ", . . . . ,
Thls surv;.ylikelchreprasOO1liti1& msutts Ofanoo.th~roUnd auIVSY nlade,~ my dlrOOtlOl1 and BU~ on 11~.
Theta ere no vlalble OJ! apparent tniruslon;.~ orll1.iSemenls except as shoWn hereon. " '
.". .
,.:.
, ,
, f
.}~,'-"Stir~. ',',',',,''"-',~: "
J.E. THOMPSON 1I'fVl.LS, No 4857'
jobIJ 0013$9 , ' ,,' , ,
,-,'"
6} :::t~<2;-c:-'tt 'o'S;' ,.,','".,
Date
.... .. .
.' :.-:.;~'" ".",":,"" ,','".~''''' .:~.'
'.' . " :. ~ . . -' .. '~--'... .
; 1':'~::" ~......" .....:.:: ;"i;:--y'",,~,,:,',
" ,
. . . . .
, '.'
'FLOOD STATEMENT: I have&xamlnadihe F.E.MAF1OodlnaiJrSrioa REnt1iMsp DentooCOunty, TllJ(!Ml, Cominunlty Number,