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
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< 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:
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