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2004-057 ORDINANCE NO. ;<IJCf-: 131 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND CANYON ENERGY PARTNERS, LTD. FOR THE ABANDONMENT OF STREET RIGHT-OF-WAY AND TEMPORARY ACCESS EASEMENT FOR ALL THAT PORTION OF BLAGG ROAD AS IT AFFECTS THE ENTIRETY OF TRACT I AS DESCRIBED IN DEED FROM DIETER SCHWARTZ TO LAKEVIEW RANCH, L.P. AS RECORDED UNDER CLERK'S FILE NUMBER 99-R0077444, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND LOT 5R AND LOT 6R, BLOCK 9, LAKEVIEW RANCH AS RECORDED IN CABINET T, PAGE 124 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING LOCATED IN THE MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Canyon Energy Partners, Ltd. has made a request to the City Council of the City of Denton, Texas to enter into an agreement to abandon of all that portion of Blagg Road that lies within Tract I as described in deed from Dieter Schwartz to Canyon Energy Partners, Ltd. as recorded in Clerk's File Number 99-R0077444, Real Property Records, Denton County, Texas and to abandon a Temporary Access Easement as it affects Lots 5R and 6R of Block 9, Lakeview Ranch, an addition to the City of Denton, Texas, as more particularly described in that certain plat recorded in Cabinet T, Page 124 ofthe Plat Records of Denton County, Texas, (the "Abandonment Area"); and, WHEREAS, the City of Denton Engineering Department has reviewed the abandonment agreement request and has determined that the Abandonment Area is not needed for future street purposes; and, WHEREAS, the portion of the Street Right-of-Way to be abandoned is illustrated in Exhibit "A" and the Temporary Access Easement is illustrated in Exhibit "B", attached hereto and made a part hereofby reference; and, WHEREAS, the City Council hereby finds and determines that the Abandonment Area is not needed for street purposes and it is in the public interest to abandon the street right-of-way, the temporary access easement, and the City's interests therein to the underlying fee owner, Canyon Energy Partners, Ltd. ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The Street Right-of-Way and Temporary Access Easement Abandonment Agreement between the City of Denton and Canyon Energy Partners, Ltd. 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 j.lLddayof 0[tu.j;.~ ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY nY~",~' \'" \ ~o~, ~ APPROVED AS TO LEGAL FORM: HERBERT L. P ~ Y, C Y ATTORNEY BY: Page 2 c ~ OzovtL EULINE BROCK, MAYOR \ a'v'o~ Ai INltll '...--------------..... -----...- ,'.:fUll'lUOZ _?v ......_ . 0- J: o z <( a:: ...~= <......" ...-~ ll.~ )-....= ~~ . ~:5;; :lE....... :J<(cn t! <( Q.~iI: d z .... I'll l!! <( Cl C 'c o "0 C I'll .0 <( <( I- - en - ::I: >< W a I - l- it ~ Iii I -. I .. I ~ I I ___,_ C,,,,- \ !I V ~\ ~' '\ \ II ~I t . . . .. il .. .. -... -.; .- 0, ... II! -, .' lit! a i 2 - . .. a . en I- - en - ::I: >< W . I I I I. I. ."' ! I I. -L I ! I rr,- - I.. 'H "! ~ II.. I I I ~-II .: ~!~ ~;: ~ ill I = ~ I;, : ll~ on !; ~ ~'i iIiI .! ~ , i I,. =5: ~... I.. ti . _~; I!! ~ I: I .1. \ II t I I : !l .. . < STREET RIGHT-OF-WAY AND TEMPORARY ACCESS 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 Canyon Energy Partners, Ltd. (the "Landowner"). WHEREAS, the Landowner has made application requesting abandonment of Street Right-of-Way for all that portion of Blagg Road as it affects the entirety of Tract I as described in deed from Dieter Schwartz to Lakeview Ranch, L.P. as recorded under Clerk's File Number 99- R0077444, Real Property Records, Denton County, Texas (the "Street Right-of-Way"); and, WHEREAS, the Landowner has made application requesting the abandonment of Temporary Access Easement as it affects Lots 5R and 6R, Block 9, Lakeview Ranch as recorded in Cabinet T, Page 124 of the Plat Records of Denton County, Texas (the "Temporary Access Easement"); and, WHEREAS, the Landowner has agreed that any public improvements associated with development of the affected portion of the Blagg Road abandonment tract, that lies within Tract I of the Lakeview Ranch, L.P. tract, as cited above, must accommodate street continuity to the satisfaction and acceptance of the City, more specifically, a stub-street connection projecting southward from the proposed Lost Spur Road (as shown on the approved preliminary plat of the Enclave at Lakeview Ranch, Phase I, II, & III) to Blagg Road, the centerline of said stub-street connection to be approximately 1,040 feet west of the centerline of Trinity Road, as measured along Blagg Road; and, WHEREAS, the City agrees to abandon the Street Right-of-Way and Temporary Access Easement upon completion of construction and acceptance by the City of any and all public improvements associated with the development of the affected portion of the Blagg Road abandonment tract, that lies within Tract I of the Lakeview Ranch, L.P. tract, as cited above. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and the Landowner hereby agrees as follows: 1. The City shall abandon the Street Right-of-Way and Temporary Access Easement upon completion by the Landowner and acceptance by the City of public improvements associated with the development of the affected portion of the Blagg Road abandonment tract, that lies within Tract I of the Lakeview Ranch, L.P. tract, as cited above,. 2. The public improvements shall provide for traffic continuity from Trinity Road to Lakeview Boulevard in a manner acceptable by the City, more specifically, a stub-street connection projecting southward from the proposed Lost Spur Road (as shown on the approved preliminary plat of the Enclave at Lakeview Ranch, Phase I, II, & III) to Blagg Road, the centerline of said stub-street connection to be approximately 1,040 feet west of the centerline of Trinity Road, as measured along Blagg Road. . . 3. 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 }\)itness Whereof, this Agreement has been executed by the parties to be effective this the 6?~V ,dayof~LJ. .1,2004. CITY OF DENTON B~ MICHAEL A. CONDUFF, AGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT ~~Y, ITY ATTORNEY BY: ~ CANYON ENERGY PARTNERS, LID A TEXAS LIMITED P ARTNE HIP APPROVED AS TO FORM BY: S:\Our Documents\Contracts\04\Blagg Abandonment.doc Page 2