2005-077S:\Our Documents\Ordinances\05\Nonhcrest Abandonment Ordinance. DOC
OP INANCE NO. d_ ff-t 77
AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING
AN APPROXIMATE 9,453 SQUARE FOOT STREET RIGHT OF WAY TRACT
DEDICATED TO THE CITY OF DENTON BY CHARLES D. ADAMS IN AN
INSTRUMENT RECORDED IN VOLUME 666, PAGE 535 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS AND AN APPROXIMATE 0.545 ACRE
STREET RIGHT OF WAY TRACT DEDICATED AS NORTHCREST DRIVE BY
THE PLAT OF DENTON BIBLE CHURCH ADDITION, ACCORDING TO THE
PLAT RECORDED IN CABINET V, PG. 880 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee
simple owner, Denton Bible Church (the "Owner"), for the abandonment of an
approximate 9,453 square foot street right-of-way tract more particularly described in
Exhibit "A" attached hereto and made a part hereof by reference, and for the
abandonment of a 0.545 acre street right of way tract more particularly described in
Exhibit "B" attached hereto and made a part hereof by reference (collectively called the
"Abandonment Area"); and
WHEREAS, the Abandonment Area was dedicated as street easements, was never
used by the City for street purposes, and was never formerly accepted by the City; and
WHEREAS, notwithstanding the above, in order to remove any doubt as to the
existence of the street right-of-way the Owner has requested that the City formally
abandon the Abandonment Area;
WHEREAS, the Owner has granted to the City an approximate 0.162 acre
sanitary sewer easement attached hereto and made a part hereof by reference as Exhibit
"C", an approximate 0.172 acre water easement attached hereto and made a part hereof
by reference as Exhibit "D" and an approximate 0.061 acre public access and fire lane
easement attached hereto and made a part hereof as Exhibit "E" (collectively called the"
City Easements"); and
WHEREAS, staff has reviewed the requested abandonment of the Abandoned
Area and has recommended approval, subject to the City Easements; and
WHEREAS, the City Council of the City of Denton, Texas has determined that it
is in the public interest to abandon the Abandonment Area and the City's interests
therein, subject to the City Easements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The Abandonment Area is hereby permanently abandoned with all
of the City's right, title and interests being quit claimed to the Owner; SAVE & EXCEPT
the City Easements, which all shall remain in full force and effect. A certified copy of
this ordinance may be recorded in the Real Property Records of Denton County, Texas to
evidence this abandonment and quit claim.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval·
PASSED AND APPROVED this tNe /~ dayof ~//~l.~/~J' ,2005.
· .~, /I
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS~ITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~~ ATTORNEY
BY
Page 2
EXHIBIT A
All that certain tract or parcel of land situated in the W. Lloyd Survey, Abstract No. 773,
Denton County, Texas, and being part ora certain 19.839 acre tract conveyed by William
J. Miller to Charles D. Adams on October 13, 1972 as recorded in Volume 651, Page 509
of the Deed Records of Denton County, Texas and being more particularly described as
follows:
Beginning at a steel pin at the Southwest comer of a 0.55 acre tract of land conveyed by
Charles D. Adams to Don Johnson Oil Co. on January 2, 1973 as recorded in Volume
662, Page 687 of the Deed Records of Denton County, Texas;
THENCE South 78° 44' East, 181.8 feet with the South boundary line of said Don
Johnson tract to a point for comer, the same being also the Southeast comer of the
Johnson tract;
THENCE South 1° 35' West, 240.0 feet, with the most Easterly East boundary line of
said C. D. Adams tract to a point for comer;
THENCE South 61 o 15' West, 169.1 feet, with the most Northerly South boundary line
to a point for comer, the same being an interior comer of said Adams tract;
THENCE North 12° 27' West, 16.02 feet, with the East right-of-way line of proposed
Northcrest Street to a point for comer;
THENCE North 61° 15' West, 152.73 feet, 16.0 feet North of and parallel to the most
Northerly South boundary line, to a point for an inside comer;
THENCE North 1° 35' East, 216.45 feet, 16.0 feet West of and parallel to the most
Easterly East boundary line of the Adams tract, to a point for an inside comer;
THENCE North 78° 44' West, 165.74 feet, 16.0 feet South of a parallel to the South
boundary line of said D. Johnson tract, to a point for comer, said point also being in the
East right-of-way line of proposed Northcrest Street;
THENCE North 10° 48' East, 16.01 feet, with the East right-of-way line of proposed
Northcrast Street, to the place of beginning, and containing therein approximately 9,453
square feet of land.
EXHIBIT "B"
NORTHCREST DRWE
23,720 SQUARE FEET
William Lloyd Survey, Abstract No. 773
City of Denton, Denton County, Texas
DESCRIPTION, of a 23,720 square foot (0,545 acm) tract of land situated in the William Lloyd Survey,
Abstract No. 773, City of Denton, Denton County, Texas; said tract being stl of a 73-foot wide fight"of-way
know~ as Northcmst Drive dedicated by the plat of Denton Bible Church Addition, an addition to the City
of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet V, Page 880 of the
Plat Records of Denton County, Texas; said 23,720 square foot (0.545 acre) tract being more pa~culariy.
described as follows (the Bearing system for this description is based on a bearing of South 88 degrees,
53 minutes, 59 seconds East for the south right-of-way line of East University Drive according to the
above referenced plat of Denton Bible Church Addition);
BEGINNING, at a 1/2-inch ·iron rod found at the intersection of the south right"of-way tine of East
University Drive (U.S: HIGHWAY 380) (a variable width right-of-way) with the east right-of-way line of
Northcrest Drive; said point being the northwest corner of a kact of land described in a dead to SMT, Inc.,
D.B.A. Highland Food Store recorded in Volume 4311, Page 2828 of the Deed Records of Denton
County, Texas;
THENCE, So~th 10 degrees, 12 minutes, 38 seconds West, along the east right-of~way line of Northcmst
Drive, a distance of 140.11 feat to a ll2-inch iron md found for comeF, said point being the Southwest
comer of said SM7~ inc. tract; said point also being the beginning of a tangent curve to the left;
THENCE, in a southwesterly direction along said curve to the left and 'with said east right-of-way line of
Northcrest Drive, having a central angle of 15 degrees, 02 minutes, 18 seconds, a radius of 682.59 feet, a
chord beadng and distance of South 02 degrees, 41 minutes, 29 seconds West, 178.65 feet, an am
distance of 179.16 feat to a 1/2-inch iron rod with "Pacheco Koch" cap found for the end of said curve at
the southeast corner of the sa~thedy terminus of Said Northcrest Ddve;
THENCE, North 89 degrees, 24 minutes, 28 seconds West, along said southerly terminus, a distance of
73.30 feet to a 1/2-inch iron md with "Pacheco Koch" cap found for comer at the southwest comer of said
southerly terminus of No~thcmst Drive; said point being the most easterly southeast corner of Lot 2, BIcok
B of said Denthn Bible Church Addition; said point also being the beginning of a non-tangent curve to the
fight;
THENCE, in a northeestedy direction along said curve to the right and with the west right-of-way line of
Northcrest Drive, having a central angle of 14 degrees, 30 minutes, 48 seconds, a radius of 755.59 feet, a
chord beadng and distance of North 02 degrees, 57 minutes, 14 seconds East, 190.89 feat,.an am
distance of 19t.40 feet to a point for the end of said curve;
THENCE, North 10 degrees, 12 minutes, 38 seconds Eest~ with said west right-of-way ne, a distance of
138.98 feet to a point for comer at the intersection of said west right-of-way line of Northcrest Ddve with
the south right"of-way line of said East University Ddve; said point being the beginning of a non-tangent
curve to the dght;
THENCE, in a southeasterly direction along said curve to the dght and with the south line of said East
University Drive, having a central angle of 01 degrees, 06 minutes, 56 seconds, a radius of 3749.72 feat~
a chord bearing and distance of South 80 degrees, 40 minutes, 32 seconds East, 73.01 feet, an arc
distance of 73.01 feet to the POINT OF BEGINNING;
CONTAINING, 23,720 square feet or 0.545 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered. Professional Land Surveyor, hereby certifies that the foregoing description
accurately sets out the metes and bounds of the tract described.
James .Koc
Regi;~r~d Pr
Pach Kocl
8350.N.~nti
(972)23~
Ir. Date
ssional Land Surveyor No. 4688
onsulting Engineers, Inc.
~pwy;, #1000, Dallas TX 75206
R.O.W. ABANDONMENT.do='
230~02.246 SRD
SHEET 1 OF 2
DR/u= f r . .
~D~H E~Gh~-~'~ WAY CD273.01'
(c~. v. ~ ~o) POINT OF
TXOOT CON. HWY
MON. FND -~
IRON
20' UllUTY F~ N RO0 FOUND (C.M.)
CAB. V, PG 880) 138.98' 10'12'38" W
R.O,W. 14.0,11' ~
0,545 ACRES SM7, INC. ~
25,720 SF HIGHLAND FOOD STORE
LOT 2, BLOCK B VOL. 4-511, PG. 2828)
DENTON BIB~ CHURCH ~ ~ ~
(VOL 5388, PG. 257~) . ~ ~1/2-1NC. IR~
~14'30~ ~ [ ROD F~ND
R EA~T CB=N 02'57'14" L2179.16 ...... ~ I ~ 666. ~. ~
~ ........ CB=S 024.129 W I
P~ 88D) t ~U=~UU.OU ' DEN
~ .... CD2178.65 I , TON ~LLAGE
/ TIRF H 8~4~" W I I APAR~ENTS, L.P.
/ BIBLE CHURCH [(CC~ 97-068~69)
/N 89'2~'28" (VOL 5588, PG. 2575) I~. , ,
~20' WA~R EASmENT ,
I ~ (CAS. V, PG 880) ~ .
(C.M.) CON1ROLMNG MONUMENT
IRF !~2-1NCH IRON RO0
W~ "PACHECO KOCH"
CAP FOUND
'0' 50 1 O0 200
GRAPHIC SCALE IN FEET
~nmyor, h~erroetbely C~e~ cut the meteP~ end~~ Eeat for the south Hght-of-woy fine of East University
,~,./£ ~.[*. S~..*..:'~.l I NORTHCREST DRIVE
egla~red Prof~laslonol ~ "~":~' ' 23 720 "'~"A"" "'~"
and (Surveyor ~1o. 4688 ~'1 , .uu n-' r;=,
'\__ I / LOCAIT=D tN 1HE CIIY OF DENTON, I~XAS
~ aa~o/N eeam~ eewY suns t00o oAu~ ~ Taea ~r~3eao=t I WILLIAM LLOYD SURVEY ABSI1~ACT NO. 773 N4D
' '~ D~NTON COUNIY, TEXAS
*' Exhibit C
SANITARY SEWEK EASEMENT
TH~ STATE OF T~Wa~, ~
COUNTY OF D~NTON ~
I~OW ALL MN ~Y THESE P~ESENTS:
TNAT, Denton Bible C~urch, of Denton County, Texas, whose mailing.
address is 1910 East ~niversity Drive, Denton, TX 76209, ~n
consideration of the sum of One Dollar and NO Cents (~1.00) end other
g.ood end valuable co~sideration in hand paid by the City o£ Denton,
Texas, receipt o~ which is hereby acknowledged, does by these presents
g.rant, bargain, sell and CenVey onto the C~ty of Denten, Texas, the £ree
a~d oninterrupted use, liberty end privileg.e o£ the passage in, along,
upon and across the ~ollowing. described property, owned b~ him and
situated in Denton County, TeXas, in the Williams Llo~ Survey, ~stract
No. 773.
SANITARY SE~E~ EASEMENT DESCRIBED IN EXHIBIT ~A"
~ ILLUSTRATED IN E~I~IBIT ~B#
And it is further agreed that the City of Denton, Texas in
consideration of the benefits above set out, will re~ove ~rum the
property above described, such fences, build/ngs and other o~etruotiens
as may now he foond upon said property.
For the purpose og constr~cting, reconstructing., installimg,
repairing, end perpetually maintaining seniter~ sewer utilities in,
&long, upon end across said pr~es, with the right and privileg.e at
all t~u~es o£ the ~rentee herein, his or its agents, employees, wor~
end representatives having in~ress, e~ress, end re~ress in, alon~, upon
and across said pr~,~4qes ~or the purpose of making' add~tiens to,
4~_rovements on and repairs to said senitar~ sewer ~acilities or any
part thereof.
TO HAVE AND TO HOLD onto the said City cE Denton, TeXas as
.a~o~eeaid £or the purposes aforesaid the pr--~ ~es above described.
Denton Bible Churoh, Denton County, Texas
El~er
· 2005.
AC~0WLEDGEMENT
TEE STATE' 0r T~S ~
by ~ McFarlane, Elder.
· 2005
Notary Public, in and ~or
the State of Texas
City o~ Denton~ Texas (Resolution No. 91-073).
Paul William-on
Reel Estate and
Capital Support Manager
, 2005 ~or the
RETURN TO~
City o£ Denton
601 East Hickory Street, Suite B
Denton, Texas 76205
ATTN= Paul Williamson
20' SEWER EASEMENT
7,055 SQUARE FEET
William Lloyd Survey, Abstract No, 773
City of Denton, Denton County, Texas
DESCRIPTION, of a 7,055 square foot (0.162 acre) tract of land situated in the William Uoyd
Survey, Abstract No. 773, Denton County, Texas; eaid tract being part of a ftact of land described
in a deed to Denton Bible Chumh recorded in Volume 5388, Page 2573 of the Deed Records of
Denton County, Texas; eald 7,055 square foot (0,162 acre) tract being more particularly
described as fellows (the beartng system is based on a beadng of South 88 degrees, 53 minutes,
59 seconds East for the south right-of-way line of East University Drive according to the plat of
Denton Bible Church Addition, an addition to the City of Denton, Denton County, Texas according
· to the plat thereof recorded in Cabinet V, Page 880 of the Plat Records of Denton County,
Texas);
BEGINNING, at a 1/2-inch.iron rod found on the east right-of-way line of Northcrast Drive (a 73*
foot wide fight-of-way); said point being the southwest comer of a tract of land described in a
deed to SM7, Inc. D.B.A. Highland Food Store recorded in Volume 4311, Page 2828 of said Deed
Records;
THENCE, South 79 degrees, 16 minutes, 10 seconds East, with the.south line of said SM7, Inc.
tract, a distance of 20.00 feet to a point for corner;, said point being the beginning of a non-
tangent curve to the left;
THENCE, in a southeastsdy direct[on along said curve to left, departing said south line, b'aversing
said Denton Bible Church tract, having a central angle of 22 degrees, 51 minutes, 40 seconds, a
radius of 662.59 feet, a chord bearing and distance of South 01 degrees, 14 minutes, 08 seconds
East, 262.63 feet, an arc distance of 264.38 feet to a point for the end of said curve;
THENCE, South 12 degrees, 39 minutes, 58 seconds East, a distance of 81.37 feat to a point for
comer on a north line of a tract of land described in e deed to Denton Village East Apartments,
L.P. recorded in Clerk's Fits No. 97-068469 of said Deed Records;
THENCE, SQuib 61 degrees, 10 minutes, 06 seconds West, with said north line, a distance of
20.82 feet to a 5/8-inch iron rod found for comer; said point being a re-entrant corner of said
Denton Bible Church tract and being an angle point in the west line of said Denton Village East
Apartments, L.P. traot;
THENCE, North 12 degreas, 39 rnlnutas, 58 seconds West, traversing said Denton Bible Church
tract, a distance of 87.17 feet to a point for comer; said point being the beginning of a tangent
curve to the right;
THENCE, in a northwesterly direction along said curve to the right, at an arc distance of 93;38
feet passing the southeast earner of the southerly terminus of said Northcrast Ddve, continuing
with said curve and along the east line of said Northcrast Ddve, having a central angle of 22
degrees, 52 minutes, 36 seconds, a radius of 682.59 feat, a chord bearing and distance of
North 0t degrees, t3 minutas, 40 seconds Wast, 270.74 feet, a total arc distance of 272.54 feet
to the POINT OF BEGINNING;
CONTAINING, 7,055 square feet or 0.162 acres of land, more or less.
(A survey plat of even survey date herewith accampanies this description.}
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the easement tract described.
James/~. Koch, Jr.I Revised 0211412005
Registart~d ProfesSorial Land Surveyor No. 4688
Pacheco\Koch Co~lsultlng Engineem, Inc.
8350 N. O~enb'al F~pwy. #1000 Dallas TX 75206
(972) 235-~31~
V
SHEET1OF2
~,dq~.c,~-r ~ - ~ 6=1.06,56. GRAPHIC SCALE IN FEET
n'ou, ff?E rr
r15 ~DEWA~ EASEMENT HT-OF-~}
10~2'3~" W
LOT 2, BLOCK B /~ ~1 ~ (VOL 4311. PG. 2828)
DENTON ala~ CHURCH ADDISON
DENTON BIBLE CHURCH I~ ~~-- ~ I '
(VOL. 5388, PG. 2575)
...... ~ ~ ~m ROD FOUND
. ~A~y,~880)~______~ ~ ~0 ~ ' DENTON ~LLAGE
.... ~ ( --~"~ ~ m NS LP
/ IRF N 8S~28 W ~ ~ ~ m I APAR~E T , . .
· X z~
I (V~L. 666, PG. 535) ~ ~ ~ ~ [ 2~.38'
, [ 20 WA~R EASEM~T
20 ~R E~EMENT~ ~ - ~ ~ ' ~5/8-1NCH IRON
. (VOL 5388 PG. 2573) X ~aD FOUND
CUR~ TABLE
ou.~m DELTA RADIUS LENGT, TANGENT l CHORDB~NG I CHORD
;:2.~7;,2:'2oo~ ~ 7,055 SQUARE FEET
DE'ON COUP,
THE STATE OF
COUNTY OF r'~'£ON
Exhibit D
THAT, Den2on Bible Church, o£ Denton County, Texas, whose mai14"g
address is 1910 East University Drive, Denton, TX 76209, ~n
consideration of the sum of One Dollar end No Cants ($1.00) and other
good and valuable consideration 4, hand paid by the Cit-~ o~ Denton,
Texas, receipt o£ which is hereb~ acknowledged, does by these presents
~rant, bargain, sell end canvey unto the C4~ o£ De'ten, Texas, the £reo
· end uninterrupted use, libert~ and privilege o£ the passage in, along,
upo~ and across the £ollo~g desor4bed property, owned by h{m and
situated in Denton Coent~, T~T~S, in ~he Williams Lloyd Survey, Abstract
No. ??3.
W~TER EAP~v~T DESCRIBED IN EXHIBIT
~ IIJJJSTRATED IN EXHIBIT
And it is further agreed that the City of Denton, Texas in
consideration of the benefits above set out, will rm~ve frcm the
property above described, such Eances, buildings and other obstr~ctians
es may now be found upon said property.
repairing, and perpetually maintaining water utilities in, along, upon
end across said premises, with the right and privilege at all times o~
the grantee here4n, his or its agents, employees, workmen and
4~_~ove~aents on and repairs to said water £aoilities or uny part
thereo~.
TO HAVE AND TO HOLD unto the said City o£ Denton, Texas as
m~oremaid for the purposes aforesaid the pr--4 ~es ~ve described.
Witness my hand, this the I~.~ day of ~,~
Denton Bible Church, Denton County, Texas
El~erRa ' McFarlane
· 2005;.
ACENOWLEDGE~ENT
This instrument was acknowledged before me on
by~ MoFarlune, Elder.
CommL~o~ ~.~c~ Ii
04. 20~a,, ti
Notary PU~I~C, in end .for
the State of TeXas.
City of Denton, Texas (Resolution NO. 91-073).
Capita~ Support Menager
, 2005 for the
RETURN'TO=
City of Denton
601 East Hickory Street, Suite B
Denton, ~exes ?6205
ATTN= Paul Willlamson
WATER EASEMENT
7,480 SQUARE FEET
Wtiliam Lloyd Survey, Abstract No. 773
City of Deofon, Denton County, Texas
DESCRIPTION, of a 7,480 square foot (0.172 acre) tract of land situated in the William Lloyd Survey,
Abstract No. 773, City of Denton, Denton County, Texas; said tract being part of a 73-foot wide right-of-
way known as Northcrest Drive dedicated by the plat of Denton Bible Chumh Addition, an addition to the
City of Denton, Denton County, Texas according to the plat thereof racorded in Cabinet V, Page 880 of
the Deed Records of Denton County, Texas; said 7,480 square toot (0.172 acre) tract being more
particularly described as follows (the bearing system is based on a bearing of South 88 degrees, 53
minutes, 59 seconds East for the south right-of-way line of East University Drive according to the above
referenced plat of Denton Bible Church Addition); ·
BEGINNING, at a 1/2-inch iron rod feund at the intersection of the south right-of-way line of East
University Drive (U.S. HIGHWAY 380) (a vadable width right-of-way) with the east right-of-way line of
Northcrest Drive; said point being the northwest comer of a tract of land described in a deed to SM7, Inc.,
D.B.A. Highland Food Store recorded in Volume 4311, Page 2828 of the Deed Records of Denton
County, Texas;
THENCE, South 10 degrees, 12 minutes, 38 seconds West, along the east fight-of-way ~ine of Northcrest
Drive, a distance of 140.11 feet to a ll2-inch iron md found for comer;, said point being the southwest
comer of ~aid SM7, Inc. tract; said point also being the beginning of a tangent curve to the left;,
THENCE, in a southwestaHy direction along said curve to the left and with said east right-of-way line of
Northcrest Drive, having a central angle of 15 degrees, 02 minutes, t 8 seconds, a radius of 682.59 feet, a
chord bearing and distance of South 02 degrees, 41 minutes; 29 seconds West, t-/'6.65 feet, an are
distance of 179.16 feet to a 1/2-inch iron red with "Pacheco Koch" cap tound for the end of said curve at
the southeast comer of the southerly terminus of said Nodhcrest Drive;
THENCE, North 89 degrees, 24 minutes, 28 seconds West, along said southerly terminus, a distance of
73.30 feet to a ll2-inch iron rod with "Pacheca Koch" cap tound for comer at the southwest comer of said
southerly tarrninus of Northcrest Drive; said point being the most easterly southeast corner of Lot2, Block
B of said Denton Bible Church Addition; said point also being the beginning of a non-tangent curve to the
right;
THENCE, in a northwestoriy direction along said,curve to the right and with the west right-of-way line of
said Northcrest Drive, hav[eg a central angle of 01 degrees, 31 minutes, 14 seconds, ~ radius of 755.59
feet, a chord bearing and distance of North 03 degrees, 32 minutes, 33 seconds West, 20.05 feet, an arc
distance of 20.05 feet to a point for the end of said curve;
THENCE, South 89 degrees, 24 minutes, 28 seconds East, departing said west right-of-way line and
traversing said Northcrest Drive, a distance of 53.10 feet to a point tor comer, said point being the
beginning of a non-tangent curve to the fight;
THENCE, in a northeasterly direction along said curve to the right, having a cantrat angle of 13 degrees,
14 minutes, 52 seconds, a radius of 702.59 feet, a chord bearing and distance of North 03 degrees, 35
minutes, 12 se=gods East, 162.09 feet, an arc distance of 162.45 feet to a point for the and of said curve;
THENCE, North 10 degrees, 12 minutes, 38 seconds East, a distance of 139.94 feet to a point for corner
on the sout~ right-of-way line of said East University Drive; said point baing the beginning of a non-
tangent curve to the right;
THENCE, in a southeasterly direction along said curve to the dght and with said south right-of-way line,
having a central angle of 00 degrees, 18 minutes, 20 seconds, a radius of 3749.72 feet, a chord bearing
and distance of South 80 degrees, '16 minutes, 14 seconds East, 20.00 feet, an arc distance of 20.00 feet
to the POINT OF BEGINNING;
CONTAINING, 7,480 square feet or 0.172 acres of land, more or less.
(A suwey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Protossional Land Surveyor, hereby certifies that the toregoing description
acourafely sets out the metes and bounds of the easement traot described,
James A. K.~ch
RegisteredIPro
Pacheco Kl~ch
8350 N. Cet~trs
(972) 235-30~
Revised 0211412005
=nai Land Surveyor No. 4688
~uitieg Engineers, Inc.
pwy., #1000, Datias TX 75206
69788F WA~-R EASEMENT.doc
2308-02.246 SRD
SHEET 1 OF 2
i-(CAD. V, PO 880> ~A~)
<OOT CON. POINT OF
i-__ . Mo... F.o , R BEGINNING
20' UllUTY EASEMENT N 10.12'387
(CAB. V, PG 880) 138.98'
20' WATER EASEMENT~.~
0.172 ACRI[S ~
(7,480 SF) "
LOT 2, BLOCK B
DENTON BIBLE CHURCH ADDITION
ROD FOUND (C.M.)
10'12'38" W
SM7, INC. ~
~D.B.A. HIGHLAND FOOD STORE
~*~ (VOL. 4511, PO. 2828)
I/2~ .INCH IRON /
ROD FOUND $ 79~16!10' E
(CAB. V, PG. 880)
DENTON BIBLE CHURCH . ~'--1/2-1NCH IRON
(VOL. 5388, PO. 2575) I~. i~iT4ON~~ ROD FOUND
I_~
VOL 666, PG.
2O'
BIBLE CHURCh I DENTO~A~LLAGE
N
W
IRF
5/8-INCH IRON~(CC~ 97-068469)
I mm, % 5388, PG. 257Q)IAPAR~ENTS, L.P.
i I (VOL. 666, PO. 535)
, I (CAS. V, P~ aSO)
LINE TABLE
LINE LENGTH
BEARING
55.10
(C;M.) CONTROLUNG MONUMENT
IRF 1/2-INCH IRON ROD 0 50 100
W/'PACHECO KOCH"
cA. Fo~.o I I I I
GRAPHIC SCALE IN FEET
CURVE TABLE
LENGTH
179.16
20.05
162.45
20,00
CURVE DELTA RADIUS
CI 15'02'18" 682.59
C2 01'31'14" ' 755.59
C3 13'~4;'52" 702.59
C4 00'18'20" 5749.72
3he undersigned. Registered Professional Land
Surveyor, hereby certifies that this plat of
survey accuratNy sets out the metes and
easement tract described.
4688
Re~sed - 4/2005
A. KOCH,
TANGENT CHORD BEARING CHORD
90.10 S 02'41'29" W 178,65
10,03 N 03'32'33# W 20.05
81.59 N 03'35'12" E · 162.09
10.00 S 80'16'14" E 20.00
NOIES:
7,480 SQUARE FOOT
WATER EASEMENT
LOCATED IN THE CITY OF DENTON, TEXAS
AND BEING OUT OF 11-1E
WILLIAM LLOYD SURVEY, ABSTRACT NO. 773
DENTON COUN3Y, TEXAS
SHEET 2 OF 2
Exhibit E
· PUBLIC ACCESS AND FIRS LANE EASEMENT
TEE STATE OF TEXAS
CO~TY OF D~r0N
THAT Denton Bible Church (Grantor), o~ Denten County, T~T-S, whose
mailing address is 1910 East ~niversity Drive, Denten, TX 76209,
in Consideration o~ the sum o~ONE DOLLAR and N0 C~S ($1.00} and
other good and valuable consideration ~n hand paid by the City of
Denton, Texas, (Grantee), receipt o~ which is hereby acknowledged,
does by these presents ~ant, bargain, sell and convey unto the
City o£ Dento~, Texas, the ~ree and en~nterrupted use, l~ertyand
privilege o~ the passage in, slang, upon and across the ~ollowing
descri~ed property, owned by Grantor and situated ~n Denton County,
Texas, in the Willium Lloyd Survey, Abstract No. 773.
PUBLIC ACCESS AND FiRE LANE
DESCRIBED IN EXHIBIT
AND ILLUSTRATED IN EXHIBIT
and it is furthez a~reed that the Grantor, ia consideration o~
the banef~ts a~ove set out, will r~-~va ~rum the property above
descr/~ed, such ~ces, build,ge ~ o~r ~s~c~s as ~y ~
be Eo~d u~n said property.
For ~he pu~ose o~ access tn along ~d across said pr~ses.
The p~l~c access ~d Sire lane eas~t shall be op~ =o ~e
~1~c, ~ire ~d ~l~ce ~its ~d ~-~cy se~laes. ~e
~t~ce o~ paving on ~e public access ~d ~ire l~e eas----t
descried h~e~ s~11 be ~e res~s~ili~o~ ~e pr~er.
No build~gs, ~ces, trees, shes, or o~er ~ts or
~ths, o~er th~ pav~g, shall be c~st~ct~, rec~st~ct~or
placed upon, o~r or across ~e eas~t ~ted ~re~. T~t ~e
~d~si~sd does her~cov~t ~d a~ee ~at It s~11 c~s~ct
here~, a hard surface that it s~11 ~ta~ ~e s~ ~n a state
o~ ~ repsir at all t~s ~d keep ~e s~ ~ree ~d cle~ o~ ~y
struotures~ fences, trees, shrubs, or other improvementst ot~er
than paving, or obstruutions, includlng but not limited tc the
parking of ~otor vehicles, trailers, boats or other ~m~ed~nents to
the access of fire apparatus. The Owner shall post and maintain:
appropriate signs end markings in conspicuous places along such
fire lanes, stating '&Fire Lane, NO Parking". The Fir~ Chief or his
duly authorized represent&rive .is hereby authorized to cause such
access and fire lene to be maintained free ~nd unobstructed et
times for Fire Department use.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above descri~ed.
w~ens m~ henri, this the ~'~ d~y of F~-w=r/ , ~oo~.
Denton Bible Church, Denton County, Texas
Ray McFarlane
Elder
THE STATE OF TEXAS
C(TJNTy OF DENTON
by Hay McFarlane, Elder.
Notary Public, in and for
the State of ~
My commission expires ~-4-Z00~
City of Denton, Texas (Resolution No. 91-075).
Paul Willlamson
Real Estate and
Capital Support hnager
After filing, please return to:
Cit~ of Denton
601 E. Xickory Street, Suite B
Denton, TX 76205
Attn: Paul Willimon
PUBLIC ACCESS & FIRELANE EASEMENT
2,674 SQUARE FEET
William Lloyd Survey, Abstract No. 773
Cify of Denfon, Denton County, Texas
DESCRIPTION, of a 2~674 square foot (0,061 acre} tract of lend s~uated in the Wilriarn Lloyd Survey,
Abstract No. 773, City of Denton, Denton County, Texes~ said tract being a portion of a 73-foot wide right-
of-way known as Norihcrast Drive dedicated by the pTet of Dpnton Bible Church Addition, an addition to
the City of Denton, Denton County~ Texas according to the plat thereof recorded in Cabinet V, Page 880
of the plat Records of Denton County, Texas; said 2,674 square foot tract being more particuledy
described as follows {the bearing system is based on a beadng of South 85 degrees, 53 minutes, 56
seconds East for the south right-of-way line of East University Drive according to the above referenced
plat of Denton Bible Church Addition);
COMMENCING, et e 1/2-inch iron red found at the intersection of the south dght-nt-way line of East
University Drive (U.S. HIGHWAY 380) (a variable width fight-of-way) with the east Hght-of..way line of
Northcrest D~ve; said point being the northwest comer of a tract of rand described in a deed to SMT, ]oo.,
D.B.A. Highland Food Store recorded in Volume 4311, Page 2628 of the Deed Rooords of Denton
County, Texas;
THENCE, South t0 degrees, 12 minutes, 35 seconds West, along the east right-of-way line of Northcrest
Drive, e distance br 31.63 feel to the POINT OF BEGINNING;
THENCE, South 10 degrees, 12 minutas~ 36 seconds West, along said east right-nt-way tine, a distance
of 25.00 feet to a point for comer,
THENCE, departing said east right-of-way line, traversing said Northcrest Ddve the following four (4)
North 76 degrees, 47 mrnutes, 22 seconds West, a distance of 16.50 feet to e point for comer;
said point being the beginning of a tangent curve to the left;
In e southwesterly direction along said curve to the left, hav~ng a central engie of 92 degrees, 10
minutes, 51 seconds, a radius of 12.30 feet, a chord bearing and distance of South 64 degrees,
07 minutes, 13 seconds West, 17.72'feet, an arc distance of 19.76 feet to a point for the and of
said curve;
North 8t degrees, 58 minutes, t 3 seconds West, a distance of 26.73 feet to a point for corner,
North 10 degrees, 12 minutas, 38 seconds East, a distance of 66.62 feet to a point for comet on
the south right-of-way line of said East University Drive; said point being the beginning of a non-
tangent curve to the right;
' THENCE, in e soulheastorly direction along said curve to the right and the south line of East University
Drive, had(leg a central angle of 00 degrees, 22 minutes, 55 seconds, e radius of 3746.72 feet, a chord
bearing and distance of South 90 degrees, 49 minutes, 14 seconds East, 25.00 feet, an ere distance of
25.00 feet to a point for the end of said curve;
. THENCE, South 10 degrees,, t2 minutes, 36 seconds West, departing said south right-of-way line,
baversing said Northcrest Drive, ad!stance of 16.40 feet'ta e point for oomer, said point being the
beginning of a tangent curve to the taft;
THENCE, in a southeestoriy diract~oo along said curve tothe left, having a central angle of 60 degrees,
00 minutes, 00 seconds, a radius of 14.89 feet, a chord bearing and distance of South 34 degrees, 47.
minutes, 22 seconds East, 21 ~06 feet, an arc distance of 23.39 feet to a point for the end of said cu~'e;
THENCE, South 79 degrees, 47 minutes, 22 seconds East, a distance of 16.61 feet to the POINT OF
BEGINNING;
CONTAINING, 2,674 square feet or 0,061 acres of land, more or less.
(A survey prat of even survey date herewith accampantas this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
eccuretaty sets out the metes and bounds of the easement tract described.
James A, Revised 02/14/2005
Pacheco thc,
5350 N. C Dallas TX 75206
2~0&o2,245
SHEETIOF2
POINT
OF
, ~ ~S 10~238 W
158.98 ~ ~ 3 '
,.-
0.061 A~[S I ~//~///////~ ~ ~ ~r · I
(2,67, SF)' (~ BE --
COT 2, ~LOC~ B GINNIN~
DENTON BIB~ ' ~ ~ ~' '/
_~nu~n ~uu~ Hu~ ' ~ ~ D.D.A. HIGHLAND F~OD STORE
(CAB, V, PG. 880) I ~ ~ (VOL. 4311, PG. 2828) ·
DENTON BIB~ CHURCH / ~- t . , .
(vo~. ~. ~. ~) / ~ / /~
~1~"30 ~ ~ ~ /~I/2-1N~IRON /ri6, EASEMENT TO
, ~ FO ~ ~ c~T~ o~
R=755.59
L=191.~ ~ ~ ~/~ I
C~=N 02'~7'~C E ~ ~ ~ ~ ~
CD=~o.~V ~ ~ ~ ~ ~/ ~ ~ ~
LINE TABLE I ' DENTON BIBLE CHURCH
LINE B~RINe LENGTH I · (VOL. 5388, PG. 2573) I
L1 ~ 1~1~'38" W 25.~
I
CURVE TABLE
(c.a.) co.~o~.~ .o.u~.~ I I I I
IRF 1/2-1N~ IRON ROD GRAPHIC SCALE IN FEET
bound~the~he easement ~oct des~lbed~~ b~rl g of S~ ~ degr~s, ~ mlnu[., 59 seconds
Reglater ,d Pro~ ,..lon.I ~'~*~ 2,674 SQUARE FOOT
.~.s~- ~/ / FIRE LANE EASEMENT