2001-281FILE REFERENCE FORM [ 2001-281 I
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AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND ACME BRICK COMPANY RELATED TO THE EXHANGE OF REAL
PROPERTY INTERESTS, INCLUDING A QUITCLAIM DEED FROM THE CITY TO
ACME BRICK COMPANY, SAID REAL PROPERTY BEING LOCATED IN THE N
BRITTON SURVEY, ABSTRACT NO 51 AND BEING A 0 474 ACRE TRACT AND A 0 02
ACRE TRACT ALONG THE NORTH LiNE OF HICKORY CREEK ROAD,
APPROXIMATELY 2,500 FEET WEST OF HICKORY CREEK'S INTERSECTION WITH
F M 2181, IN THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager, or his designee, is hereby authorized to execute an
Easement Agreement between the City of Denton and the Acme Brick Company and a Qmtclmm
Deed in substantially the form of the Easement Agreement and Quit Claim Deed attached to and
made a part of this ordinance for all purposes
S_S_~QT_ION 2 This orchnance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 6~ / ~-~ day of _L~Z2/./~U ,2001
EULINE BROCK, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
· I
^s
EASEMENT AGREEMENT
THE STATE OF TEXAS, §
§ KNOW ALL ME~ BY THESE PRESENTS:
COUNTY OF DENTON
THIS EASEMENT AGREEMENT (hereinafter referred to as this
· ,Agreeraent"), made the~~ day of ~J_X%_~. , 9.001 by and
between ACME BRICK COMPANY and the CITY OF DENTON, TEXAS, a
municipal corporation of the State of Texas
RECITALS
WITNESSETH, THAT WHEREAS, ACME BRICK COMPANY has anterest in
a 30' access easement recorded an Volume 500, Page 114 of the
Deed Records of Denton County, Texas, further evidenced an a
conveyance from Justin Industries, Inc to Acme Br~ck Company by
deed recorded an Volume 3127, Page 930 of the Real Property
Records of Denton County, Texas, and
WHEREAS, said 30' access easement encumbers the western 30
feet of recently platted Lots I and 2, Block A, Chaucer Estates,
Phase I, an addition to the City of Denton recorded an Cabinet Q,
Page 267 of the Plat Records of Denton County, Texas, and
WHEREAS, the CITY OF DENTON desires to place above ground
and below ground electric ut=laty equipment and facalities within
a portion of said 30' access easement as at affects sa~d Lot 1,
Block A, Chaucer Estates, Phase I, and
WHEREAS, the CITY OF DENTON has acquired a 16' electric
utility easement from the owner of Lot 1, Block A, Chaucer
Estates, Phase I, said 0.02 acre electric utility easement tract
further described in County Clerk's File No. 00-R0066086; and
WHEREAS, the CITY OF DENTON has been granted a 0.541 acre
tract west of and adjacent to said Chaucer Estates, Phase I by
quit claim deed recorded in Volume 4400, Page 1146, Real Property
Records, Denton County, Texas; and
WHEREAS, the CITY OF DENTON desires to quitclaim a 0.474
acre portion of said 0.541 acre CITY OF DENTON tract to ACME
BRICK COMPANY in order to preserve ACME BRICK COMPANY'S existing
r~ght of access to Hickory Creek Road, and
WHEREAS, ACME BRICK COMPANY desires to subordinate its
access rights in sa~d electric utility easement tract described
in Coumty Clerk's File No. 00-R0000000 in exchange for a 0.474
acre portion of the said CITY OF DENTON 0.641 acre tract;
IF a third party Ks successful in enforcing their vested
ownership rights to the 0.541-acre tract quitclaimed to the City
of Denton by the ad]acent landowners to the East and to the West,
said quitclaim deed recorded in Volu~ne 4400, Page 1146, Real
Property Records, Denton County, Texas, then the City of Denton
shall relocate all lts above-ground electric facillt~es and
appurtenances outside the boundaries of the said exlsting 30-foot
2
access easement (granted to Acme Brick and recorded in Page 500,
Page 114, Deed Records, Denton County, Texas) to an alternative
location at their sole cost and expense.
IF a third party is successful in enforcing their vested
ownership rights to the 0.541-acre tract qu=tclalmed to the City
of Denton then this agreement shall be rescinded by all parties
hereof and it ls further acknowledged that any easement rights
granted to the City of Denton conflicting with Acme Bricks access
rights originally granted in Volume 500, Page 114, Deed Records,
Denton County, Texas, shall be subordinated
NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual entry
into this AGREEMENT by the parties hereto, and ~n consideration
of the payment of ONE DOLLAR ($1 00), and for other good and
valuable consideration, the recezpt and adequacy of which are
hereby acknowledged by each undersigned party, the parties agree
as follows'
QUITCLAIM
The CITY OF DENTON hereby shall quitclaim to ACME BRICK
COMPANY and its successors and assigns a 0.474 acre portion of the
sa~d CITY OF DENTON 0.541 acre tract described in "EXHIBIT A" and
~llustr&ted in ~EXHIBIT B", both attached herewith and as further
evldenced by QUIT CLAIM DEED f~led of even date
SUBORDINATION OF EASEMENT
ACME BRICK COMPANY hereby subordinates its said access
easement interests in the said 0.02-acre electric utility easement
tract described in County Clerk's File No. 00-R0066086.
AS WITNESS WHEREOF, the parties hereto have caused the
Easement Agreement to be duly executed by their respective
authorized officers as of the day and year f~rst above written
ACME BRICK COMPANY CITY OF DENTON, TEXAS
T~tle: / ~ T~tle: Clty Manager
~ TJ FORM
Acknowled~ent
Th~s instrment was acknowledged before me on
Acknowl ed~ent
THE STATE OF TE~S
CO~Y OF DENTON
This =nstr~ent was acknowledg~ before me on Au9ust 21 ,
2001by ~lchael M Co.duff~
Notary P~lic,-~'an~for the State of Texas
My Co~isslon Explre~.
4
EXHIBIT "A"
0.474 ACRE QUITCLAIM
All that certain lot, tract or parcel of land lying and being
situated in the N. Britton Survey, Abstract No. 51, Denton
County, Texas, and being part of a 0.541 acre tract of land
described in a deed from Hickory Creek Estates, Ltd., and Vista
Verde, I, Ltd., to the C~ty of Denton, recorded in County
Clerk's File No. 99-R0081971, Real Property Records, Denton
County, Texas, and being more particularly described as follows:
BEGINNING at a P.K. na=l found for corner in the north lane of
the B. Rogers Survey, Abstract Number 1101 and an Hickory Creek
Road, a public roadway having a proposed right-of-way of 120
feet, said point being the southwest corner of said Eli P~ckett
Survey;
THENCE North 89° 05' 31" West a distance of 36.92 feet with said
H~ckory Creek Road and with sa~d north lane of said Rogers
Survey to an iron rod found for corner, saxd poznt being the
southeast corner of Oaks of Monteclto Phase 5, Section A;
THENCE North 01° 00' 11" East a distance of 705 00 feet with the
east line of said Oaks of Montecito, Phase 5, Section A to an
iron rod found for corner, sa~d point being the northeast corner
of Lot 21, Block F of said Oaks of Monteclto, Phase 5, Section
A;
THENCE South 89° 05' 32" East a distance of 29 95 feet to an
iron rod set for corner in the west lane of sa~d Eli Pickett
Survey, said point being on the west lane of Chaucer Estates,
Phase I, an addition to the City and County of Denton, Texas,
according to the plat thereof recorded an Cabinet Q, Page 267,
Plat Records, Denton County, Texas;
THENCE South 00° 26' 12" West with the west line of Chaucer
Estates, Phase I and the west line of said Eli Pickett Survey a
distance of 705.02 feet to the PLACE OF BEGINNING and containing
0 541 acre total of which 0.067 acre is described by a save and
except tract herein yielding 0.474 acre net.
EXHIBIT "A" continued
SAVE AND EXCEPT all that certain lot tract or parcel of land
lying and being situated in the N. Britton Survey, Abstract No.
51, Denton Coumty, Texas, and being part of a tract of land
described in a deed from Hickory Creek Estates, Ltd., and Vista
Verde, I, Ltd., to the City of Denton, recorded in County
Clerk's File No. 99-R0081971, Real Property Records, Denton
County, Texas, and being more particularly described as follows:
BEGINNING at a P.K. nail found for corner in the north line of
the B. Rogers Survey, Abstract Nua~ber 1101 and in Hickory Creek
Road, a public roadway having a proposed right-of-way of 120
feet, said point being the southwest corner of said Eli Pickett
Survey;
THENCE North 89° 05' 31" West a distance of 36 92 feet with said
Hickory Creek Road and with said north line of saxd Rogers
Survey to an iron rod found for corner, said poxnt being the
southeast corner of Oaks of Montecito Phase 5, Section A;
THENCE North 01° 00' 11" East a dxstance of 80 feet with the
east line of said Oaks of Montecxto, Phase 5, Section A to a
point for corner;
THENCE South 89° 05' 31" East a distance of 36.13 feet to a
point in the west line of said Eli Pickett Survey, said point
also being on the west line of Chaucer Estates, Phase I, an
addition to the City and County of Denton, Texas, according to
the plat thereof recorded in Cabinet Q, Page 267, Plat Records,
Denton County, Texas;
THENCE South 00° 26' 12" West with the west line of Chaucer
Estates, Phase I and the west l~ne of sa~d Eli Pickett Survey a
distance of 80 feet to the PLACE OF BEGINNING and containing
0.067 acre of land.
f North
West .~Eost EXHIBIT
#S#
I
South s 89'05'32" E I I LOT ~0 LOT 7
LOT 21 I LOT 6
· .~ LOT 5
LOT
22
LOT B (-)
0
~ J LOT4
LOT 2,.t
<~ LOT 7
LOT 3
LOT 24
--J LOT 6
LOT 2
~ EXISTING ACCESS EStd'T
LOT 5
LOT 26
LOT 1 LOT 52
,., LEI
LOT 4
QUIT CLAIM DEED
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS~
COUNTY OF DENTON §
THAT the City of Denton, Texas, a municipal corporat=on of the
County of Denton, State of Texas, in consaderation of the sum of
one dollar ($1.00) and no cents and other good and valuable
consideration in hand paid by the Saint Andrew Church of God in
Christ of the County of Denton, State of Texas, the receipt of
which is hereby acknowledged, do by these presents, BARGAIN,
SELL, RELEASE, AND FOREVER QUIT CLAIM unto the Acme Brick
Company, its successors and assigns, all its right title and
interest in and to that certaan tract or parcel of land lying in
the County of Denton and State of Texas, described as follows,
to-wit~
All that certain lot, tract or parcel of land lying and being
situated in the N. Britton Survey, Abstract No. 51, Denton
County, Texas, and being part of a 0 541 acre tract of land
described in a deed from Hickory Creek Estates, Ltd., and Vista
Verde, I, Ltd., to the City of Denton, recorded in County Clerk's
File No. 99-R0081971, Real Property Records, Denton County,
Texas, and being more particularly descrabed as follows~
BEGINNiN~ at a P.K nail found for corner ~n the north lane of
the B. Rogers Survey, Abstract Number 1101 and ~n H~ckory Creek
Road, a public roadway having a proposed raght-of-way of 120
feet, said point being the southwest corner of said Eli Pickett
Survey~
THENCE North 89° 05' 31" West a distance of 36 92 feet with said
Hickory Creek Road and with said north lane of said Rogers Survey
to an iron rod found for corner, said point being the southeast
corner of Oaks of Montecito Phase 5, Section A,
THENCE North 01° 00' 11" East a distance of 705.00 feet with the
east line of said Oaks of Montecito, Phase 5, Section A to an
iron rod found for corner, said point being the northeast corner
of Lot 21, Block F of said Oaks of Montecito, Phase 5, Section A~
THENCE South 89° 05~ 32" East a distance of 29.95 feet to an iron
rod set for corner in the west line of sa~d Eli Packett Survey,
said point being on the west lane of Chaucer Estates, Phase I, an
addition to the City and County of Denton, Texas, according to
the plat thereof recorded in Cabinet Q, Page 267, Plat Records,
Denton County, Texas~
THENCE South 00° 26~ 12" West with the west line of Chaucer
Estates, Phase I and the west line of sa~d Eli Pickett Survey a
distance of 705.02 feet to the PLACE OF EEGINNIN~ and containing
0.541 acre total of which 0.067 acre is described by a save and
except tract herein yielding 0.474 acre net.
SAVE ~ EXCEPT all that certain lot tract or parcel of land
lyang and being situated in the N. Britton Survey, Abstract No.
51, Denton County, Texas, and being part of a tract of land
described ~n a deed from Hickory Creek Estates, Ltd , and Vista
Verde, I, Ltd., to the City of Denton, recorded in County Clerk's
File No. 99-R0081971, Real Property Records, Denton County,
Texas, and being more particularly described as follows=
EEGINNIN~ at a P.K nail found for corner In the north lane of
the B. Rogers Survey, Abstract Number 1101 and ~n H~ckory Creek
Road, a public roadway having a proposed right-of-way of 120
feet, said point being the southwest corner of said Eli Pickett
Survey~
THENCE North 89° 05~ 31" West a distance of 36.92 feet with said
Hickory Creek Road and with said north l~ne of said Rogers Survey
to an iron rod found for corner, said point being the southeast
corner of Oaks of Montecito Phase 5, Section A~
THENCE North 01° 00~ 11" East a distance of 80 feet with the east
line of said Oaks of Montecito, Phase 5, Section A to a point for
corner~
THENCE South 89° 05~ 31" East a distance of 36.13 feet to a point
in the west lane of said Ell P~ckett Survey, sa~d point also
being on the west line of Chaucer Estates, Phase I, an additaon
to the Caty and County of Denton, Texas, according to the plat
thereof recorded in Cabinet Q, Page 267, Plat Records, Denton
County, Texas~
THENCE South 00° 26~ 12" West w=th the west line of Chaucer
Estates, Phase I and the west line of sa~d Eli Pickett Survey a
distance of 80 feet to the PLACE OF BEGINNING and containing
0.067 acre of land.
TO HAVE AND TO HOLD said premises, together with all and
singular the rights, privileges and appurtenances thereto in any
manner belonging unto the said Acme Brick Company, its successors
and assigns, forever, so that neither the City of Denton, Texas,
its successors nor any person or persons claiming under ~t shall,
at any time hereafter, have claim or demand any r~ght or title to
the aforesaid premises or appurtenances, or any part thereof.
Witness my hand, this the--''X/~--~ day of/3 __U,,~~ ,
2001.
CITY OF DENTON, TEXAS
By: ~~
City Manager
~ROV~O ~,8 TO
ACKNOWLEDGMENT
TaS STATE TE
COUNTY OF DENTON §
This instr~en~ was acknowledg~ ~Bo~oro me on
2001 by Michael A. Conduff, ¢ F/Manage~Czty¢~ent°n, 'z'ex
/
I ¢(~}3 Nota, P~ll0. S~te of Texas ~