2000-118O CENO fOf-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT
PARTIALLY RELEASING AN EASEMENT GRANTED TO THE CITY FROM A BLANKET
EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF DENTON FROM BRAZOS
ELECTRIC POWER COOPERATIVE, AND PROVIDING AN EFFECTIVE DATE
THE COLrNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute an Agreement
between m substantaally the form of the Easement Agreement which ~s attached to and made a
part of ttus ordinance for all purposes, for the defimng and partmlly releasing an easement
granted to the City of Denton from a blanket easement prewously assigned to the Brazos
Electrical Power Cooperatxve
SECTION 2 That this ordmance shall become effecUve ~mmedlately upon ~ts passage
and approval
PASSED AND APPROVED th~s the gff~/~/~ day of ~l{q~i ,2000
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
API~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
AGREEMENT RELEASING AREA EMBRACED WITHIN
EASEMENTS OF THE CITY OF DENTON
WHEREAS, the following easement or easements have been executed ~n favor of
the City of Denton, (heremaRer referred to as "City"), to-w~t
Easement and Paght of Way from J F Mason and wife Cathenne Mason to Brazes Paver
Transm~asmn Electric Cooperative, Inc, dated 6/19/52, filed 8/4/52, recorded ~n Volume
381, Page 512 of the Deed Records of Denton County, Texas, as assigned to the Cay of
Denton from Brazes Electric Power Cooperative, Inc, filed 3/1/90, recorded m Volume
2736, Page 825 of the Real Property Records of Denton County, Texas
WHEREAS, sa~d Easement ~s a blanket easement and does not describe the area
where the electric hne Is located and the present record owner of the land referred to
thereto has requested the C~ty to release the area embraced w~th~n its Easement as ~t
affects the property described an Extub~t "A" and "B" as attached hereto and made a part
hereof
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Clty,
for and m cons~derataon of the mutual advantages to accrue to ~t and to the present and
future owners of the land, hereby releases ~ts claims to the property ,n the easement to the
extent of the land described m Exhibit "A" and "B', whmh ~s attached hereto and made a
part hereof for all purposes
IT IS EXPRESSLY UNDERSTOOD AND AGREED th~s release apphes only to
the land described m Extub~ts "A" and "B" and any grant ~n favor of the C~ty contmned
m said original Easement, not forming a pomon of the land descnbed ~n Exhibits "A" and
"B" remains m full force and effect and ~s no manner wmved or ~mpaned
EX .CU ED on th, sthe d/ f dayof e,/Z ,2ooo
CITY OF DENTON
CITY MANAGER
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, in and for the State of Texa~, on tins
day personally appeared Michael W Jez, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of smd City of Denton, and that he executed the same a~ the act of the said
City for the purposes and conslderaUon therein expressed, and in the capactty therem
stated
: ~ ,2000UNDER MY HAND AND SEAL OF. OFFICE, on tins/]~ day of
8 ~3~, ~,,x, ,~SYrHfi ~ Nota~ l~ubhc, giate of T'~xas
EXHIBIT A
COLEMAN & ASSOC. SURVEYING
P O Box 686
Denton, Texas 76202-0686 ~ (940) 565-8215 ~ FAX (940) 387-0603
23 350 ACRE TRACT 1
FIELD NOTES to all that certain tract of land situated in the A Serren Survey
Abstract Nun%bet 1198, Denton County, Texas and being a part of the called
23 292 acre Tract 1 and part of the called 23 292 acre Tract 2 described in the
deed from Charley Mack Mason et ux to Charley M Mason recorded in C F N 97-
R0079049 of the Real Property Records of Denton County, Texas, the subject
tract being more particularly described as follows
BEGINNING for the Southwest corner of the tract being described herein, at a
1/2 inch iron rod set to replace a 50D nail found near a fence corner post at
the Southwest corner of the said 23 292 acre Tract 2 and salient corner of a
called 448 7629 acre tract described in the deed from Blueridge Capital Corp
to Timberglen Co recorded in C F N 95-R0079950 of the Real Property Records
of Denton County, Texas on the North line of Lake Sharon Drive,
THENCE North 00 Degrees 33 Minutes 31 Seconds West along a wire fence with the
West line of the 29 292 acre Tract 2, a distance of 1,185 87 feet to a 1/2 inch
iron rod set for the Northwest corner of the herein described tract and
Southwest corner of a 23 254 acre tract described in the deed to Denton
Independent School District,
THENCE South 88 Degrees 52 Minutes 51 Seconds East with the South line of the
Denton Independent School District tract across the 23 292 acre tract 2 and the
said 23 292 acre Tract 1 a distance of 867 76 feet to a 1/2 inch iron rod set
on the East line thereof at the Southeast corner of the Denton Independent
School District tract,
THENCE South 00 Degrees 35 Minutes 09 Seconds East with the East line of the
23 292 acre Tract i a distance of 1,163 92 feet to a 5/8 inch iron rod found at
the Southeast corner thereof on the North line of Lake Sharon Drive,
THENCE North 89 Degrees 37 Minutes 42 Seconds West along a wire fence with the
North line of Lake Sharon Drlve and the South line of the 23 292 acre Tract 1 a
distance of 432 78 feet to a 1/2 inch iron rod found at the Southwest corner
thereof and the Southeast corner of the 23 292 acre Tract 2,
THENCE South 88 Degrees 58 Minutes 19 Seconds West along a wire fence with the
North line of Lake Sharon Drive and the South line of the 23 292 acre T~act 2 a
distance of 435 24 feet to the PLACE OF BEGINNING and enclosing 23.350 acres of
land
EXHIBIT B
COLEMAN & ASSOC. SUR G
Box 686 ~ Denton, Toxas 76202-0686 ~ (940) 565-8215 ~ FAX (940) 387-0603
11 566 ACRE TRACT 2
FIELD NOTES to all that certain tract of land situated in the A Serren Survey
Abstract Number 1198, Denton County, Texas and being a part of the called
23 291 acre tract described in the deed from Charley Mack Mason et ux to Jessie
Sue Mason Woolfolk recorded in Volume 671, Page 44 of the Deed Records of
Denton County, Texas, the subject tract being more particularly described as
follows
BEGINNING for the Southeast corner of the tract being described herein, at a
1/2 inch iron rod set at the Southeast corner of the said 23 291 acre traact on
the North line of Lake Sharon Drive,
THENCE South 89 Degrees 13 Minutes 52 Seconds West along a wire fence with the
North line of Lake Sharon Drive and the South line of the 23 291 acre tract a
distance of 435 55 feet to a 1/2 inch iron rod found at the Southwest Corner
thereof and the Southeast Corner of a called 23 292 acre Tract 1 described in
the deed to Charley M Mason recorded under C F N 97-R0079049 of the Real
Property Records of Denton County, Texas,
THENCE North 00 Degrees 35 Minutes 09 Seconds West with the East line of the
said 23 292 acre Tract I and the West line of the 23 291 acre tract a distance
of 1163.92 feet to a 1/2 inch iron rod set for the Northwest corner of the
herein described tract and the Southwest corner of an 11 681 acre tract
described in the deed to Denton Independent School District,
THENCE South 88 Degrees 52 Minutes 51 Seconds East with the South line of the
said Denton Independent School District tract across the 23 291 acre tract a
distance of 435.75 feet to a 1/2 inch iron rod set on the East line thereof at
the Southeast corner of the Denton Independent School District tract,
THENCE South 00 Degrees 35 Minutes 06 Seconds East generally along a wire fence
with the East line of the 23 291 acre tract a distance of 1149 56 feet to the
PLACE OF BEGINNING enclosing 11 566 acres of land
kdm
jd62-b/98059
EXHIBIT
---,.,:ZW
I'll[ill
i®