2001-426FILE REFERENCE FORM I 2001-426 I
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ORDINANCE NO ~,/~0/- 4~ ~
AN ORDINANCE ABANDONING AND VACATING A PORTION OF AN ELECTRIC LINE
EASEMENT FROM L R STRICKLAND TO BRAZOS RIVER TRANSMISSION ELECTRIC
COOPERATIVE, INC RECORDED IN VOLUME 386, PAGE 59 OF THE DEED RECORDS
OF DENTON COIINTY, TEXAS AND SUBSEQUENTLY ASSIGNED TO THE CITY OF
DENTON IN AN INSTRUMENT RECORDED IN VOLUME 2736, PAGE 825 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS IN THE SAMUEL KBPHART
SURVEY, ABSTRACT NO 721, SAID PORTION BEING ON LOTS 9,16,17,18 & 19,
BLOCK D AND WITHIN THE STREET RIGHT-OF-WAY OF INDIAN LAKE TRAIL, ALL
WITHIN THE AMENDED FINAL PLAT OF LAKE SHARON ESTATES, AN ADDITION
TO THE CITY OF CORINTH, TEXAS, RECORDED IN CABINET R, PAGE 323 OF THE
PLAT RECORDS OF DENTON COUNTY, TEXAS, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, the Ctty of Denton tn cooperatton wtth the developer and owners of Lake
Sharon Estates, an addition to the Ctty of Denton, Texas, has agreed to relocate its electric
transmmmon hne facthttes to alternative locations w~thtn easements procured by the developer,
those alternative electric easement tracts betng described m Exhtb~t "A" and attached hereto and
made a part hereof by reference (the "Alternative Easements"), and
WHEREAS, the Ctty Council finds that the exchange of the Altemattve Easements for
the abandonment of the exmnng easements provtded herein represents fatr market value for the
abandonment of the emsttng easements, as may be reqmred by Section 272 001 of the Local
Government Code and apphcable C~ty ordmances, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SCTI~ A portton of that certatn electric hne easement from L R Stnckland to
Brazos River Transmmmon Electric Cooperattve, Inc recorded ~n Volume 386, Page 59 of the
Deed Records of Denton County, Texas and subsequently asmgned to the C~ty of Denton tn an
mstrument recorded m Volume 2736, Page 825 of the Real Property Records of Denton County,
Texas only to the extent that satd easement ts located wtth~n Lots 9,16,17,18 & 19, Block D and
within the street right-of-way of Indian Lake Trml, accordtng to the Amended Ftnal Plat of Lake
Sharon Estates, an addltton to the C~ty of Connth, Texas, recorded tn Cabtnet R, Page 323 of the
Plat Rec~)rds of Denton County, Texas (the "Abandoned Easement"), is permanently vacated and
extinguished upon the delivery of the Alternattve Easements to the City in a form acceptable to
the Ctty and the recordtng of same m the Real Property Records of Denton County, Texas (the
"Condition Subsequent")
~ SubJeCt to the Condtnon Subsequent, by reason of such vacation and
abandonment the C~ty of Denton's property interest ~n the easement shall by operation of law,
revert to the owner or owners abutting the easement portmn here~n abandoned and the Ctty of
Dentonlreleases any and all claims to the use of the property as an easement for purposes
granted, A eemfied copy of thts ordinance may be recorded tn the Real Property Records of
Denton County, Texas after the Condition Subsequent has been met, to evidence the Abandoned
Easement
~ Th~s ordinance shall become effective upon the completion of the
Condition Subsequent If the Condition Subsequent ~s not completed w~th~n 30 days after the
date of approval of th~s ordinance as set forth below, than th~s ordinance shall be null and void
and of no further force and effect
PASSE , , PROVEDthlsthe dayof
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
FIELD NOTES - TRACT 1
BEING a ten foot w~de electrical easement for the purpose of ut~hty, access, and
maintenance, and being part of that tract of land descnbed in deed to Attila
Construction Company, L P recorded in Volume 4008, Page 502, Deed Records,
Denton County, Texas, and being part of those tracts of land described in deed to Lake
Sharon, L P recorded ~n Volume 4017, Page 875 and Volume 4262, Page 143, both tn
the Deed Records, Denion County, Texas, and bmng more parbcularly described as
follows
Commencing at the northeast corner of Bryant Branch Park, an addition to the City of
Corinth recorded in Cabinet E, Page 207, Plat Records, Denton County, Texas, same
being the southeast corner of a tract of land described ~n deed to Oscar Blankenmeyer,
Jr recorded in Volume 1187, Page 559, Deed Records, Denton County, Texas,
THENCE North 01 °11'29" East along the east hne of sa~d Oscar B lankenmeyer, Jr
tract a distance of 1283 31 feet to the POINT OF BEGINNING,
THENCE Ncdh 01"11'29" East a distance of 10 00 feet to a point for corner,
THENCE South 88°37'01" East a d~stanca of 844 44 feet to a point for corner at the
beginning of a tangent curve to the right whose chord bears South 88°17'56" East a
dmtance of 72 18 feet,
THENCE along sa~d tangent curve to the right having a radius of 1950 00
feet, a central angle of 2°07'16", and an arc distance of 72 19 feet to a pmnt for corner
tn the west I~ne of a tract of land described in deed to the C~ty of Connth recorded ~n
Volume 4199, Page 1247, Deed Records, Denton County, Texas,
THENCE South 18°00'20'' East a d~stance of 10 70 feet to a pmnt for corner at the
beginning of a tangent curve to the left whose chord bears North 88°14'38'' West a
d~stance of 75 67 feet,
THENCE along smd tangent curve to the left having a radius of 1940 00 feet, a central
angle of 2°14'06", and an arc distance of 75 68 feet to a point for comer,
THENCE North 88'37'01" West a distance of 844 47 feet to the POINT OF
BEGINNING and contmn~ng 0 211 acres, more or less
Dav,d F McCullah, R P L S #4023 ~' ~~
Premdent
McCullah Surveying Inc
Continued
EXHIBIT A
FIELD NOTES - TRACT 2
BEING a ten foot w~de electncal easement for the purpose of utd~ty, access, and
maintenance, and being part of that tract of land described in deed to Lake Sharon,
L P recorded ~n Volume 4017, Page 875 Deed Records, Denton County. Texas, and
being more parbcularly descnbed as follows
COMMENCING at the nodheast corner of a tract of land described ~n deed to Lake
Sharon Chrmban Center, Inc recorded ~n Volume 4107, Page 2239. Deed Records,
Denton County, Texas,
THENCE North 89°27'18" West along the north I~ne of said Lake Sharon Chr~sban
Center, Inc tract a d~stance a d~stance of 1390 53 feet to a point,
THENCE South 00"32'42" West along the west hne of sa~d Lake Sharon Chnsban
Center, Inc tract a d~stance of 41 75 feet to the POINT OF BEGINNING,
THENCE South 00°32'42'' West a dtstance of 10 13 feet to a point for comer at the
beg~nning of a non-tangent curve to the r~ght whose chords bears North 76"54'55"
West a d~stance of 238 94 feet,
THENCE along sa~d non-tangent curve to the r~ght having a radius of 2059 98 feet, a
central angle of 6°38'58'', and an arc d~stance of 239 07 feet to a point for corner in the
south hne of a tract of land described In deed to T~mberland Company recorded ~n
County C{erk Fde Number 95-R0079950 Deed Records, Denton County, Texas,
THENCE South 89°27'18" East along the south hne of said T~mberland Company tract
a d~stance of 37 76 feet to the beginning of a non-tangent curve to the left whose chord
bears South 77°24'00" East a dmtance of 199 89 feet,
THENCE along sa~d non-tangent curve to the left hawng a radius of 2049 98 feet, a
central angle of 5°35'20'', and an arc d~stance of 199 97 feet to
the POINT OF BEGINNING and containing 0 050 acres, more or less
David F McCullah, R P L S ff.4023
President
McCullah Surveying, Inc
Continued
EXHIBIT A
FIELD NOTES 10 FOC~T WIDE ELECTRICAL EASEMENT
BF_IN(~ t~ tract or parc=el of land f~ the purpose of an electnCal easement
s~tuated in the BBB&C P.R Survey, AJ3straCt Number 1 g0 ~n the Cffy of Corinth.
IDenton County. Texas and be~n~ part of that tract of land described In deed to
the C~ty of Connth as Booster Pu~np ~lat~on Number 2 recorded ~n Volume 4199
Page 1247 Deed Records, Dent(~n County Texas and b~lng more particularly
described as foll(3w~
BEGINNING at a point at the no~ thwest corner of sa~d C~ty of Corinth Booster
Pump Station Number 2 b'=ct at 1he be¢j~nmng of' a non-tangent curve t~ the r~ght
whose chord bears South 78'49'58" East a d~.tance of 570 10 fe~t,
THENCE ~n an east~rly d~recttol along sa~d non-tangent curve to the r~ght
hawng a radius of lg50 nO fee~. a c~ntral angle of 16'48'41" and an arc
d~stanco of 572 15 fa-et to a po~l t for corner at the beginning of a reverse curve
to the le~ whose chord bears S~ ,uth 7g°57'51" East a d~st~3nco of :38 ~.9 feet
THENCE in an easterly di-ecllo~ along sa~d reverse curve to the left hawng a
r~dius of 2049 98feet ec~ntral anglo of 1°04'33 and an arc length of 3849
fe~ to a point for corner ~n the ~est hne of a tract of land described in deed to
T~mberland Company reCorded in Clerk Fda Number gS-P. 0079950 Deed
Records, Denton County, Texa'~,
THENCE South 4~34'18" East ~tlong the west hno of c.a~d T,mberlond Company
tract a distance of I 0 86 feet to a point for corner at the beg,nn~ng of a non-
tangent curve to the r~ght who(la chord bears North 71°01 25" West a d~stance of
42 93 feet
THENCE ~n a Westerly d~rert~o'~ along sa~d non-tangent curve to the r~ght hev~ng
a rad~us Of 20sg 98 feet a cer~[ral angle of 1°11 39", and an arc d~s'canr.~ of
42 94 feet to a po~nt for Corne~ at the beg~nmng of a reverse curve to the lcf~
whose chord bears North 78',16 36 West a d~stance of 5G3 43 feet,
THENCE ~n a w~stedy d,recb~ n along sa~d reverse curve to the left having a
rad~us of 1940 00 feet, a cen~sl angle of 16°41'57'', and an arc d~stance of
565 43 feet. to a point for corm;r In the west hne of sa~d C~ty of Corinth Booster
Pump Station Number 2 tract,
THENCE North 18°00°20" W~,St along the west hne of said C~ty of Corinth
Booster Pump Stabon Numb~lr 2 tract a d~stance of 10 70 feet to the POINT OF
BEGINNING and conta~mng C 140 acres more or les~
Davld F McCullah ~ P L S [~lo 4023
Precedent
McCullah Surveying, Inc
Continued
EXHIBIT A
FIELD NOTES I0 FOOT WIDE ELECTRICAL EASEMENT
BEING a tract or parc~! of land for the purpose of an elestncal easement
s~tuated tn the A Serren Survey,/,bstract Number 1198 m the C~ty of Connth,
Denton County Texas and being part of that tract of land described ~n deed to
T~mberland Company recorded tn Clerk F~ie number 95-R007ggS0. Deed
Records, Denton County, Texas ~md being more parbcularly described as
follows
COMMENCING at the northeast ~rner of a tract of land described ~n deed to
Lake Sharon Christian Center ret orded tn Volume 4107, Page 2239, Deed
Records, Denton County, Texas, sa~d point being ~n the south I~ne of sa~d
T~mberland Company tract
THENCE North 8g°2?'la" West along the common boundary hne between sa~d
Lake Sharon Christian Confer an:l sa~d Timbertand Company tracts, passing at
1390 53 feet the northwest corn( r of said Lake .Sharon ChnSttan Center tract
and the northeast corner ora tra~ of land described ~n deed to Lake Sharon
L P recorded in Volume 4017. P3ge 875, Deed Race?da, Denton County, Tex~s,
and continuing for e total d~stanc~ of 1586 02 feet to the POINT OF
BEGINNING,
THENCE North 89°27'15" ~Nest * onbnumg along the common boundary hne of
said T~mberland Company and said Lake Sharon L P tracts a d~stance of 37 76
feet to a point for corner at the ~,~g~nmng of a non-~angent curve to the right
whose chord bears North 72°3{~ ~.0" West a d~stan~ of 70 82 feet,
THENCE in a westerly direction along said non-tangent curve to the right having
a red{us of 2059 98 feet, a central angle of 1'$8 11". and an arc d~st.3nc~ of
70 82 feet to a point for comer ~ the east hne of a tract of land described ~n
deed to the C~ty of Connth as S,:~oster Pump Stah0n Number 2 recorded ~n
Volume 4199. Page 1247 Deed Records, Denton County, Texas,
THENCE North 04°;;3.4'18* West along the east hne of said City cf Corinth
E~ooster Pump Stabon Number ,c~ a d~stance of 10 86 fe~t to a point for corner at
th_e. beg~nmng of a nen.t~ngent t'urve to the left whose chord bears South
73 03'14" East a d~stance of 11 I 02 feet
THENCE tn an easterly d~rect~ol~ along sa~d non-tangent curve to the left hawng
a radius of 2049 98 feet, a cent~ el angle of 3'06'12", and an arc d~$tz~nC~ of
d~stanc~ of 111 04 feet to the P,31NT OF BEGINNING and conta~mng 0 021
acres of land. more or less
David F McCullah, R P L S N~ 4023 .~'. ~_ _ .~.~.~','.-.~
President
Mccullah Surveying, Inc
,' 978 02020
ELECTRIC EASEMENT
131160
THE STATE OF TEXAS,
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS~
THAT Attila Construction Company, L.P. and Lake Sharon, L.P.
(Grantors) whose mailing address is 17400 Dallas Parkway, Suite 216,
Dallas, Texas ?5287, in consideration of the sum of ONE DOLLAR
($1.00)
City of Denton,
acknowledged, does
unto the City of
liberty and privilege of the passage
following described property, owned
County, Texas,
AND OTHER ~OOD AND VALUABLE CONSIDEXATION in hand paid by the
Texas, (Grantee) receipt of which is hereby
by these presents grant, bargain, sell and convey
Denton, Texas, the free and uninterrupted use,
upon and
situated
in the BBB & CRR Survey, Abstract 190.
in, along, across the
by them and in Denton
SEE ATTACHED EXHIBITS ~A", aB" & aC"
And it is further agreed that
consideration of the benefits above
property above described, such
the City of Denton, Texas in
set out, will remove from the
fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of constructing, reconstructing, installing,
repairing, and perpetually maintaining electric 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, egress, and regress in, along,
upon and across said premises for the purpose of making additions to,
improvements on and repairs to said electric facilities or any part
thereof.
The City of
connection with
facilities,
Denton will, at all times, after doing any work in
the construction, reconstruction or repair of said
restore said premises as nearly as feasible to the
condition in which same were found before such work was undertaken.
978 0202
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
ATTILA CONSTRUCTION COMPANY, L.P.
a Texas ]~m~ted partnership
By:
Canyon Capital Corp., General partner
Sue Shelton, Ex~utiVe Vice President
LAKE SHARON, L.P.
a Texas Limited partnership
By:
Lake Sharon GP, Inc., a Texas
corporation,_ so~le g~neral partner
Sue- Sheldon, Executi · Vice President
This~instru~ent_ was acknowledged before me on this ~ ~ay of
___~~__, 2001 by Sue Shelton.
NOTARY PUBLIC { -z ~ , ~e State of Texas
State of Texas
~/Comm. Exp 05-10-2003 '
City of Denton, Texas
BY:
(Resolution No. 91-073).
Paul Williemson
Real Estate & Capital
Support Manager
, 2001 for the
RETURN TO:
City of Denton
601 East Hickory Street, Suite B
Denton, Texas 76205
ATTN: Paul Williemson
978 02022
EXHIBIT .
FIELD NOTES - TRACT 1
BEING a ten foot wide electrical easement for the purpose of utility, access, and
maintenance, and being part of that tract of land described in deed to Attila
Construction Company, L.P. recorded in Volume 4008, Page 502, Deed Records,
Denton County, Texas, and being part of those tracts of land described in deed to Lake
Sharon, L.P. recorded in Volume 4017, Page 875 and Volume 4262, Page 143, both in
the Deed Records, Denton County, Texas, and being more particularly described as
follows: ~
Commencing at the northeast comer of Bryant Branch Park, an addition to the City of
Corinth recorded in Cabinet E, Page 207, Plat Records, Denton County, Texas, same
being the southeast comer of a tract of land described in deed to Oscar Blankenmeyer,
Jr. recorded in Volume 1187, Page 559, Deed Records, Denton County, Texas;
THENCE North 01°11'29" East along the east line of said Oscar Blankenmeyer, Jr.
tract a distance of 1283.31 feet to the POINT OF BEGINNING;
THENCE North 01°11'29" East a distance of 10.00 feet to a point for corner;
THENCE South 88°37'01" East a distance of 844.44 feet to a point for corner at the
beginning of a tangent curve to the right whose chord bears South 88°17'56" East a
distance of 72.18 feet;
THENCE along said tangent curve to the right having a radius of 1950.00
feet, a central angle of 2°07'16'', and an arc distance of 72.19 feet to a point for comer
in the west line of a tract of land described in deed to the City of Corinth recorded in
Volume 4199, Page 1247, Deed Records, Denton County, Texas;
THENCE South 18°00'20'' East a distance of 10.70 feet to a point for corner at the
beginning of a tangent curve to the left whose chord bears North 88°14'38'' West a
distance of 75.67 feet;
THENCE along said tangent curve to the left having a radius of 1940.00 feet, a central
angle of 2°14'06'', and an arc distance of 75.68 feet to a point for comer;
THENCE North 88°37'01" West a distance of 844.47 feet to the POINT OF
BEGINNING and containing 0.211 acres, more or less.
David F. McCullah, R.P.LS. ~4023
President
McCullah Surveying, Inc.
EXHIBIT "B" 978 02023
FIELD NOTES - TRACT 2
BEING a ten foot wide electrical easement for the purpose of utility, access, and
maintenance, and being part of that tract of land described in deed to Lake Sharon,
LP. recorded in Volume 4017, Page 875 Deed Records, Denton County, Texas, and
being more particularly described as follows:
COMMENCING at the northeast corner of a tract of land described in deed to Lake
Sharon Christian Center, ~nc. recorded in Volume 4107, Page 2239, Deed Records,
Denton County, Texas;
THENCE North 89°27'18" West along the north line of said Lake Sharon Christian
Center, Inc. tract a distance a distance of 1390.53 feet to a point;
THENCE South 00°32'42'' West along the west line of said Lake Sharon Christian
Center, Inc. tract a distance of 41.75 feet to the POINT OF BEGINNING;
THENCE South 00°32'42" West a distance of 10.13 feet to a point for corner at the
beginning of a non-tangent curve to the right whose chords bears North 76°54'55''
West a distance of 238.94 feet;
THENCE along said non-tangent curve to the right having a radius of 2059.98 feet, a
central angle of 6°38'58'', and an arc distance of 239.07 feet to a point for comer in the
south line of a tract of land described in deed to Timberland Company recorded in
County Clerk File Number 95-R0079950 Deed Records, Denton County, Texas;
THENCE South 89°27'18" East along the south line of said Timberland Company tract
a distance of 37.76 feet to the beginning of a non-tangent curve to the left whose chord
bears South 77°24'00" East a distance of 199.89 feet;
THENCE along said non-tangent curve to the left having a radius of 2049.98 feet, a
central angle of 5°35'20", and an arc distance of 199.97 feet to
the POINT OF BEGINNING and containing 0.050 acres, more or less.
David F. McCullah, R.P.LS. ~-4023
President
McCullah Surveying, Inc.
'1997dOB,~\ W/O~II\ NP_I WNUY.HHU
· EXHlan'¢ ~978
! 0 rOOT WIDI= B. ECI1;aCAL EA~ME~
POINT OF COMMENCING TRACT
NE CORNER BRYANT BRANCH PARK
~...~-LCABINET E, PAGE 207
OSCAR BLANKENMEYER, JR.
VOLUME 1187, PAGE 559
N1'11'29"E 1283.31
0202~
ATTILA CONSTRUCTION COMPANY, L.P.
VOLUME 4008, PAGE 502
LAKE SHARON, L.P.
VOLUME 4262, PAGE 145
¼X~oZ
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[ SO'32'42"W 847.07
McCULLAH SURVEYING, INC.
-
ADDISON. TX. 7500~
PH (S7~) 7~3-g777 FAX ~7~) 7~3-~778 AUGUST 200~ 9709~
978 02025
City of Denton
Engineering Departmerlt
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson
DEC G 7001
Fi. Led For Reco~d in:
DENTON COUNTY, TX
CYNTH[R MITCHELL, cOUNTY CLERK
On Dec 06
RI; t t :~,Sae
Rece ip~ #:
Record ing: t3.
Doc/M§ml; : G. ~0
Doc/Nue : L~OI*
Doc/Type : E~S
Deputy -Fe [ic~a