2005-239ORDINANCE NO. 2On5 - 2Z9'
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON,
AND THE HARRIEL GROUP, WESTOVER RESIDENTIAL COMPANY, LTD., AND
PRESERVE I DEVELOPMENT, LLC. FOR THE PARTIAL ABANDONMENT OF A
CERTAIN PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 4654, PAGE 00483
OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING IN
THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PRESERVE
APARTMENTS - SHADY SHORES ROAD)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Easement Abandonment Agreement between the City of Denton and
the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC in
substantially the form of the agreement attached hereto and made part of the ordinance for all
purposes (the "Agreement") is hereby approved.
SECTION 2. The City Manager or his designee is hereby authorized to execute the
Agreement on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the (pT h day of ~lD 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD TY ATTORNEY
BY:
EASEMENT 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") and The Harriel Group, Westover
Residential Company, Ltd and Preserve I Development, LLC (the "Landowners").
WHEREAS, the Landowners have made application requesting the partial abandonment of a
Public Utility Easement dated August 15, 2000 and recorded in the Real Property Records of Denton
County under Volume 4654, Page 00483 in the Real Property Records of Denton County, Texas and
referred to as the "Existing Easement"; and
WHEREAS, the Landowner has agreed to pay the City the amount of $8,712.16, that sum
representing the costs to modify the existing electric facilities in order to accommodate Landowner's
request for partial abandonment; and
WHEREAS, the Landowner has agreed to pay the City the amount of $6,000.00 as compensation
for the contemplated land rights released by the City, which amount is equal to or greater than the fair
market value of the rights being released;
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 that portion of the Existing Easement upon completion of the
modification of the existing Denton Municipal Electric facilities and payment of the consideration set
forth above. The City Manager, or his designee is authorized to execute and deliver to Landowners a
document in recordable form upon the fulfillment of the above conditions. The subject easement
abandonment tract is more particularly described in "Exhibit A", the subject retained easement tract is
more particularly described in "Exhibit B", and an illustration depicting both tracts shown on "Exhibit C,
all attached herewith and made a part hereof.
2. The City Council of the City and the Landowner have duly authorized this Agreement and
the execution of same by the officers or agents who have signed below on their behalf.
In Witness her of, t is Agreement has been executed by the parties to be effective this the
day of 005.
CITY OF DENTON
MICHAEL A. CONDUF MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ` (F~L
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD ATTORNEY
BY:
THE HARRIEL GROUP, a Texas general partnership
By: Calas, Inc., A Nevada corporation,
Managing partner
BY:
Harry Utzig, d nt
WESTOVER RESIDENTIAL COMPANY, LTD.,
a Texas Limited Partnership
By: WRC Management, LLC a Texas Limited Liability
Company, its General Partner
By: o01 ~
Tom Kopacsi, ecy tary Treasurer
PRESERVE I DEVELOPMENT, LLC,
a Texas limited liability company
BY: / 1. 12~414A.~
Marc Footlik, President
SAOur Documents\Contracts\05\Preserve Abandonment.DOC
Page 2
EXHIBIT "A"
PROPERTY DESCRIPTION TRACT 1
STATE OF TEXAS:
COUNTY OF DENTON:
BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330. City of Denton.
Denton County, Texas, being a portion of that same 25.920 acre tract of land as described in
General Warranty Deed to The Harriel Group, Western Properties (Texas), Ltd, Westover
Residential Company, Tarra Land, Inc., and Preserve I Development. LLC, recorded in Volume
4901, Page 1072, Deed Records, Denton County. Texas and being more particularly described as
follows:
COMMENCING at a 1/2" rebar found in the north line of Shady Shores Road (R.O.W. Varies) at
the most southerly southwest corner of said 25.928 acre tract, said point lying in the northeasterly
line of a tract of land as described in quitclaim deed to The City of Denton, Texas, recorded in
County Clerk's document number 93-R0058485. Real Property Records, Denton County, Texas,
said point being the point of curvature of a circular curve to the left, having a radius point that
bears S 60'28'46" W, 238722 feet:
THENCE Northwesterly, departing the north line of said Shady Shores Road, along the
southwesterly line of said 25.928 acre tract, the northeasterly line of said The City of Denton,
Texas tract, and said curve having a central angle of 00'22'12", an arc distance of 15.41 feet, and
a chard that bears N 29'42'20" W. 15.41 feet;
THENCE N 38'5925' E, departing the southwesterly line of said 25.928 acre tract and the
northeasterly line of said The City of Denton, Texas tract, non tangent to said curve, traversing
said 25.928 acre tract, a distance of 53.52 feet to the POINT OF EGINNING of the herein
described tract of land;
THENCE traversing said 25.928 acre tract, as follows:
Northwesterly, along a non tangent circular curve to the left, having a radius point that
bears S 59'39'22" W. 2437.22 feet, a central angle of 00'45'07", an arc distance of 31.98
feet, and a chord that bears N 30'43'12" W. 31.98 feet;
N38'59'25" E. non tangent to said curve, a distance of 89.53 feet;
N 51'00'35" W. a distance of 40.00 feet;
S 38'59'25" W. a distance of 75.43 feet:
Northwesterly, along a non tangent circular curve to the left, having a radius point that
bears S 57'5425" W. 2437.22 feet, a central angle of 00'44'38", an arc distance of 31.64
feet, and a chord that bears N 32'2754" W. 31.64 feet;
N 30'5925" E, non tangent to said curve, a distance of 397.91 feet;
S 51'00'35" E, a distance of 100.00 feet;
S 38'59'25" W. a distance of 433.16 feet to the POINT OF BEGINNING and containing
36216 square feet of land.
Note:
Bearings are based on the easterly line of the Shady Shores I-35 Joint Venture Tract 2
IS 14'38'30" W), recorded in County Clerk's document number 95-R0053704 of the Real
Property Records, Denton County, Texas.
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EXHIBIT "B"
PROPERTY DESCRIPTION TRACT 2
STATE OF TEXAS:
COUNTY OF DEMON:
BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton,
Denton County, Texas, being a portion of that same 25.928 acre tract of land as described in
General Warranty Deed to The Harriel Group, Western Properties (Texas), Ltd. Westover
Residential Company. Tarra Land Inc., and Preserve I Development, LLC, recorded in Volume
490L Page 1072 Deed Records, Denton County, Texas and being more particularly described as
follows:
COMMENCING at a 1/2" rebar found in the north line of Shady Shores Road (R.O.W. Varies) at
the most southerly southwest corner of said 25.928 acre tract, said point lying in the northeasterly
line of a tract of land as described in quitclaim deed to The City of Denton, Texas, recorded in
County Clerk's document number 93-R0058485, Real Property Records, Denton County, Texas,
said point being the point of curvature of a circular curve to the left, having a radius point that
bears S 60'28'46" W. 238722 feet;
THENCE Northwesterly, departing the north line of said Shady Shores Road, along the
southwesterly line of said 25.928 acre tract, the northeasterly line of said The City of Denton.
Texas tract, and said curve, having a central angle of 00'22'12", an arc distance of 15.41 feet, and
a chord that bears N 29'42'20" W. 15.41 feet to the POINT OF BEGINNING of the herein
described tract of land
THENCE Northwesterly, continuing along the southwesterly line of said 25.928 acre tract, the
northeasterly line of said The City of Denton. Texas tract, and said curve, having a central angle
of 02'33'07", an arc distance of 106.32 feet, and a chord that bears N 31'10'00" W. 10531 feet to
the most westerly corner of the herein described tract of land from which a 1-1/2" steel pipe
found bears a chord of N 38'22'53" W. 494.00 feet;
THENCE departing the southwesterly line of said 25.928 acre tract and the northeasterly line of
said The City of Denton Texas tract. traversing said 25.928 acre tract, as follows:
N 38'59'25" E, non tangent to said curve, a distance of 52.68 feet to the point of curvature
of a non tangent circular curve to the right, having a radius point that bears
S 57'09'47" W, 2437.22 feet;
Southeasterly, along said curve, having a central angle of 00'44'38", an arc distance of
31.64 feet, and a chord that bears S 32'27'54" E. 31.64 feet;
N 38'5925" E, non tangent to said curve, a distance of 75.43 feet;
S 51'00'35" E, a distance of 40.00 feet;
S 3B'59'25" W. a distance of 89.53 feet to the point of curvature of a non tangent circular
curve to the right, having a radius point that bears S 58'54'15" W. 243722 feet;
Southeasterly, along said curve, having a central angle of 00'45'07", an arc distance of
31.98 feet, and a chord that bears S 30'43'12' E. 31.98 feet;
S 38'59'25" W. non tangent to said curve, a distance of 53.52 feet to the POINT OF
BEGINNING and containing 8,606 square feet of land.
N
Note:
Bearings are based on the easterly line of the Shady Shores I-35 Joint Venture Tract 2
IS 14'38'30" W). recorded in County Clerk's document number 95-ROO53704 of the Real
8
Property Records, Denton County. Texas.
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EXHIBIT "C"
N
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CURVE DATA
CURVE
RADIUS
DELTA
LENGTH
CHORD BEARING
CHORD
TANGENT
C1
2437.22
04430"
31.64'
532'27'54"E
31.64'
15.82'
C2
2437.22'
0'45'07"
31.98'
S30'43'12"E
31.98
15.99'
E~
UNE DATA
LINE
BEARING
DISTANCE
LS
N38'59'25"E
52.68'
L2
S38'59'25"W
53.52
P`C`~ 1v0 THE H RRIEL aGROUP
G1~ ~g,A WESTERN WE TOVER RESIDENTIAL COMPANY D .
TARA LAND, INC.
PRESERVE I DEVELOPMENT, LLC
APPARENT LOCATION OF VOL. 4901. PG. 1072
20' STRIP OF LAND WHEREIN THE CITY OF O.R.O.C.T.
DENTON. TEXAS HAS THE RIGHT TO OUT
AND TRLM TREES TO THE EXTENT NECESSARY y~(v u0
TON EEP TNEM CLEAR OF ELECTRIC LINE O~y
Vol. 417, Pg. 596. D.R.D.C.T.
y10
APPARENT LOCATION OF ~e.~Op ypOP
30 CITY OF DENTON, TEXAS J p
EASEMENT FOR A WATER PIPE LINE ~~{Qp\PV E
AND AN ELECTRIC TRANSMIS.R.SION LINE S 51°10000'3'35"
Vol. 417, Pg. 596, DD.O.T. TRACT IFT. 1. q
TOBBE ABANDONED &.o
A= 11 °52'40"
\ \ R=2387.22'
\ L=494.88'
\ CB?NB 83°22'53" W
s'b \ =494.00'
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CH=106.31' _
POINT OF BEGINNING I
TRACT 2 `
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TRACT 2
UTILITY EASEMENT
8,606 SO. FT.
TO BE RETAINED AND
EXCEPTED FROM ABANDONMENT
S 38 °59'2!
89.53'
OF
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SHADY SHORES ROAD
(R.O.W. VARIESI
POINT OF CObA&MNCING
0`22'12" TRACTS 1 & 2
R=2387.22 112"R.F.
L=15.41'
T=7.71'
CB=N 29'42'20" W
CH=15.41'
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4654 00483
BASEMENT
0'79033
THE STATE OF TEXAS, f
$ KNOW ALL MEN BY THESE PRESENTS:
COMITY OF DENTON S
THAT The Preserve at Pecan Creek, Ltd. (Grantor) of Denton
County, Texas, in consideration of the sum of ONE DOLLAR
and NO CENTS ($1.00) and OTHER GOOD AND VALUABLE
CONSIDERATION in hand paid by the City of Denton, Texas,
(Grantee), receipt of which is hereby acknowledged, does by
these presents grant, bargain, sell and convey unto the
City of Denton, Texas, the free and uninterrupted use,
liberty and privilege of the passage in, along, upon and
across the following described property, owned by Grantors
and situated in Denton County, Texas, in the Gideon Walker
Survey, Abstract No. 1330.
SEE ATTACHED EXHIBIT `A• FOR PERMANENT UTILITY BASEMENT DESCRIPTION
And it is further agreed that the City of Denton,
Texas in consideration of the benefits above set out, will
remove from the property above described, such fences,
buildings and other obstructions as may now be found upon
said property
For the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining public
utilities, in, along, upon and across said premises, with
the right and privilege at all times of the grantee herein,
his or its agents, employees, workmen and representatives
having ingress, agrees, and regress in, along upon and
across said premises for the purpose of making additions
to, improvements on and repairs to said public facilities
or any part thereof
TO HAVE AND TO HOLD unto the said City of Denton,
Texas as aforesaid for the purposes aforesaid the premises
above described.
SCANNED
4654 004811
Witness my hand, this the 15 day of 2000.
The BfrsssrVA--a~ Pecan Creek, Ltd.
BY:-nJ eAAt'/tSA - 1d1S]
Names AWN k,
Title: vt>74.51-_
ACKNOWLEDGMENT
THE STATE OF TEXAS S
COUNTY OF DENTON $ C Il
This instrument was ack wledged before me on this the 'S
day of n 2000 by Y''1 P'P - ~voTll K.
NOTARY PUBLIC I~
STATE OF TEXAS otary ublic, in and for th State of Texas
KATHLEEN CRAIG•SILVIA Commission Expires 'LI- (-003
MYAPPI. Exp. Nov. 01, 2003
fti
Accepted this the j//b day of U 1zU S -I , 2000 for
the City of Denton, Texas (Resolution No. 91-073).
BY:OCMJ4t•+~"6-r~-
Paul Williamson
EXHIBIT "A"
465 00465
PROPERTY DESCRIPTION
STATE OF TEXAS:
COUNTY OF DENTON:
BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330,
Denton County. Texas and being a portion of a called 410.507 acre tract of land as
described In deeds to The Preserve at Pecan Creek, Ltd.. recorded in County Clerk's
document numbers 99-R0058704, 99-R0056706, 99-R0058707 and 99-R0058713 all
recorded in the Real Property Records of Denton County, Texas (RPRDCT) and being
more particularly described as follows:
BEGINNING at a 1/2" iron rod found in the north line of Shady Shores Road (Variable
width R.O.W.) at the southerlymost southwest corner of said called 410507 acre tract,
said point lying in the northeasterly line of a tract of land as described in quitclaim
deed to The City of Denton, Texas, recorded in County Clerk's document number 93-
80058485, RPROCT, said point being the point of curvature of a circular curve to the
left, having a radius that bears S 60'28'46" W. 2387.22 feet;
THENCE Northwesterly, departing the north line of said Shady Shores Road, along
the southwesterly line of said called 410.507 acre tract, the northeasterly line of said
The City of Denton, Texas tract and said circular curve to the left, through a central
angle of 00'22'12", an arc distance of 15.41 feet and having a chord that bears
N 29'42'20" W, a distance of 15.41 feet to the POINT OF BEGINNING of the herein
described tract of land;
THENCE Northwesterly, along the southwesterly line of said called 410.507 acre tract,
the northeasterly line of said The City of Denton, Texas tract and said circular curve to
the left. through a central angle of 02'33'07", an arc distance of 105.32 feet and having
a Chord that bears N 31'10'00" W. a distance of 106.31 feet to the westerlymost corner
of the herein described tract of land, from which a 1-1/2" iron pipe found, bears a
chord of N 38'22'53" W. 494.00 feet;
THENCE N 38'59'25" E. departing the southwesterly line of said called 410.507 acre
tract and the northeasterly line of said The City of Denton, Texas tract, departing the
previous curve non-tangent, traversing said called 410.507 acre tract, a distance of
450.59 feet;
THENCE S 51'00'35" E, traversing said called 410.507 acre tract, a distance of 100.00
feet;
THENCE S 38'59'25" W. traversing said called 410.507 acre tract, a distance of 466.68
feet to the POINT OF BEGINNING and containing 46,621 square feet or 1.075 acre of
land.
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BEARINGS ARE BASED ON THE EASTERLY LINE OF THE SHADY SHORES I-35 JOINT
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S DOCUMENT
VENTURE TRACT 2 (S 14'38'30" W), RECORDED IN COUNTY CLERK
NUMBER 95-ROO53704 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,.
1
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APPARENT LOCATION OF
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EASEMENT FOR A WATER PIPE LINE
AND I, ELECTRIC TRANSM TRANSMISSION LINE
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R=2387.22'
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T=53.17'
x/30
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Chd=106.31'
Creek, Ltd.
R.P.R.D.C.T.
R.P.R.D.C.T.
R.P.R.D.C.T.
R.P.R.D.C.T.
Sa
10 ~O.
SHADY SHORES ROAD
(VARIABLE WIDTH R. 0. W. I
: 00'22'12" II
2387.22' COD
15.41
7.71'
BR=N 29'42'20"
d=15.41'
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The G1D P9s~ C C.DNo. 99e R0at Pecan
058704,
C .C .D .No . 99-R0058706.
C .C .D .N o . 99-R0058707,
APPARENT LOCATION OF and
DENTON. TEXAS HASHTHE RIGHT TO CUT C.C.D.No. 99-R0058713,
AND TRIM TREES TO THE EXTENT NECESSARY
TO KEEP THEM CLEAR OF ELECTRIC LINE
Vol. 417, Pg. 596. D.R.D.C.T.
Return To:
City Of Denton
Enginee!ir?Q & Transpcrtation Dept.
221 rlririf! Eim $treetDenton, Te s 76201
Attentfon:,OA LQVI"Dn
4654 00487
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Filed for Record in:
DENTON COUNTY TX COUNTY
CYWTNIR %ITCH(:LL,
CLERK
Onni
At 53am000
DIIM" oo-RO07-3083
EP5
Doc/Type 11.00
Recording: g-00
Doc/Mgmt 33548
Receipt D'7ane
Deputy