2000-362PARTm~LY RELEASING AN EASEMENT GRANTED TO T.E C~TY FROM ^ BL~qr,~T
EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF DENTON FROM BRAZOS
ELECTRIC POWER COOPERATIVE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the C~ty Manager ~s hereby authorized to execute an Agreement
between the C~ty of Denton, Texas and The Preserve at Pecan Creek, Ltd, m substantmlly the
form of the Easement Agreement wNch is attached to and made a part of th~s 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 Cooperative
~ That thru ordinance shall become effective ~mmcdmtely upon its passage
and approval
P^SSED ~ ~PROVED th~s the ~) ¢ d~y o~~ ~000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
EASEMENT AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
I
ABANDONMENT OF EASEMENT
1 THAT The City of Denton, Texas hereby agrees to release a blanket
easement m the following described property, to wit
See attached Exhibit A which is incorporated by reference as xf fully set forth herein
2 It Is expressly understood that for the consideration of a granting of an
easement which is reflected ~n Exhibit "B" and is incorporated by
reference as if fully set forth herein, that the C~ty w~ll abandon and change
the designation of the location for the easement previously granted Brazos
Electrical Power Cooperative, Inc in the following documents
1 Easement granted by J W Ward, et ux to Brazos Pdver Transmission
Electric cooperative, Ine, dated 06/03/47, filed 10/24/49, recorded m
Volume 3354, Page 402 of the Deed Records of Denton County, Texas,
and assigned to the City of Denton, Texas, By Brazos Electric Power
Cooperative, [nc m a document filed 3/1/90, and recorded at Vol 2736,
Page 828, Real Property Records, Denton County, Texas
2 The above-described easements assigned to the C~ty of Denton are blanket
easements and d~d not describe the area when the distribution and
transmmmon lines are located The present record owrlers of the land
referred to above have requested the C~ty release the area embraced within
said blanket easement m favor of this designation of location as descnbed
in attached Exhibit B The City of Denton, Texas, acting by and through
its duly authorized representative, Mmhael W Jez, C~ty Manager, does
hereby release ~ts clmm to smd properties other than the easement
designated herein and which is described in attached Exhibit B
BINDING EFFECT
1 TI'ns Agreement shall bind and inure to the benefit of the respective
parties, their representatives, successors, and assigns
WHEREOF, tlus instrument is executed tins [~) day of
ss,2000
OWNER The Preserve at Pecan Creek, Ltd
Premdant of The Preserve at Pecan Creek, Ltd
CITY OF DENTON, TEXAS
BY ~AGER
STATE OF TEXt.
COUNTY OF ~
~ Tlus msmunent was acknowledged before me on the ]6~J''' day of
~ 2000, by Marc A Foothk ~ ? /~ ~ .
No a¥ Pos, IC
Commission Exptres [
City of Denton
215 E l~KInney
Denton, TX 76201
ATI'N Paul Wlll|smson
EXHIBIT "A"
PROPERTY DESCRIPTION
All that certain tract or parcel of land situated in the County of Denton, and State
of Texas, more particularly described as follows, to-wit Being about four miles
southeast of Denton, a part of the Gideon Walter Survey, Abstract No 1330, described by
metes and bounds as follows-
BEGINNING at a point in the east line of a tract of land conveyed by J T Page
and wife, Olhe M Page, to Mrs Hannah L Lake, by deed dated April 5, 1922, recorded
in Vol, 177, page 368, Deed Records of Denton County, Texas, sand point being at the
intersection of the north line ofU S Highway No 77 and the east line of sand tract, about
33 vrs, north of its southeast comer,
THENCE north 2 deg east along the east line of sand tract, passing the right-of-
way of the M K & T R R Co, 917 vrs, in all to the northeast comer of sand Lake tract,
THENCE north 88 deg west along the north line of sand tract 850 vrs to the
northeast comer of 8 33 acres heretofore sold by R Thurman and wife to W W Page,
THENCE south 2 deg west 475 vrs, the southeast comer of sand 8 33 acre tract,
THENCE north 88 deg west 100 vrs to the southwest comer of sand 8 33 acre
tract m the west line of sand tract conveyed to Mrs Hannah L Lake,
THENCE south 2 deg west along the west line of said tract, crossing the M K &
T R R in all 261 vrs to the north line of sand Highway No 77,
THENCE southeasterly along the north line of sald Highway 1044 ws, more or
less to the place ofbegInnmg, contannmg 139 acres of land, more or less, excepting the
right-of-way of the M K & T R R Co and being the same land conveyed by Iva Lake,
Guardian to J W Ward, by deed dated May 26, 1945 and recorded in Vol 315, page 272,
Deed Records of Denton County, Texas
EXHIBIT "B"
THE MTATE OF TEXAS,
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THAT The Preserve at Pecan Creek, Ltd. (Grantor) of Denton
County, Texas, in consideration of the sum of ONE DOLLAR
and NO CENTS ($1.00) and OTHER GOOD AND VALUABLE
CONSIDERATION in hand paid by the City of Denton, Texas,
(Grantee), receipt of which is hereby acknowledged, does by
these presents grant, bargain, sell and convey unto the
City of Denton, Texas, the free and uninterrupted use,
liberty and privilege of the passage in, along, upon and
across the following described property, owned by Grantors
and situated in Denton County, Texas, in the Gideon Walker
Survey, Abstract No. 1330.
SEE ATTACHED EXHIBIT ~A' FOR PERMANENT UTILITY EASEMENT DESCRIPTION
And it is further agreed that the City of Denton,
Texas in consideration of the benefits above set out, will
remove from the property above described, such fences,
buildings and other obstructions as may now be found upon
said property.
For the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining public
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 public facilities
or any part thereof
TO HAVE AND TO HOLD unto the said City of Denton,
Texas as aforesaid for the purposes aforesaid the premises
above described.
The ~reser~e/a~ Pecan Creek, Ltd.
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON §
instr~ument was acknpwledged before me on th. is the
Thie
day o~ (,D_L%,~- / , 2000 by
Accepted thie the /~hay of g~, {~tl%~ ,2000 for
the City of Denton, Texas (Resolution No. 91-073)
Paul Willi~son
EXHIBIT "A"
PROPERTY DESCRIPTION
STATE OF TEXAS
COUNTY OF DENTON
BEING a tract of land sztuated zn the G~deon Walker Survey, Abstract No 1330,
Denton County, Texas and being a portzsn of a called 4~0 507 acre tract of ]and as
descrzbed in deeds to The Preserve at Pecan Creek, Ltd recorded ]n County Clerk s
document numbers 9g-RO058704, 9g-Ro058706, 99-R0058707 and gg-RO058713 all
recorded ;n the Real Property Records of Denton County, Texas (RPROCT) and being
more particularly descrzDed ae follows
BEGINNING st a ~/2" ;ron rod found ~n the north hne of Shady Shores Road (Variable
width R 0 H ) at the southerlymost southwest corner of sa~d called 410 507 acre tract
sazd point lying in the northeasterly hne of a tract of land as descrxbed ~n quitclaim
deed to The City of Denton, Texas. recorded in County Clerk's document number 93-
R0058485, RPRDCT. eazd point be;rig the point of curvature of a czrcu]ar curve to the
left, hay;rig a radius that bears S 60'28'46' W, 2387 22 feet,
THENCE Northwesterly, depart;ng the north line of sazd Shady Shores Road, along
the southwesterly hne of sa;d called 410 507 acre tract, the northeasterly hne of sazd
The C~ty of Denton, Texas tract and se~d c~rcular curve to the left, through a centre]
angle of 00'22'~2", an arc distance of ~5 4~ feet and hawng e chord that bears
N 29 '42'20" W. a distance of ~5 41 feet to the POINT OF BEGINNING of the herezn
described tract of land.
THENCE Northwesterly, along the southwesterly hne of sa~d called 410 507 acre tract,
the northeasterly 1;ne of sazd The C;ty of Denton, Texas tract and sa;d c~rcular curve to
the left, through a central angle of 02'33'07". an arc d~stance of 106 32 feet and having
a chord that Dears N 3~'~0'00" W, a dzstance of 106 31 feet to the westerlymost corner
of the herein described tract of land. from which a ~-1/2" ~ron p~pe found, bears a
chord of N 38'22'53" ~, 494 O0 feet,
THENCE N 38'59'~5" E, departing the southwesterly ]zne of sa:d calleo 410 507 acre
tract and the northeasterly hne of said The C~ty of Denton, Texas tract, departing the
prewous curve non-tangent, traversing se~d called 4~0 507 acre tract, a d~stance of
450 59 feet,
THENCE S 5~'00'35" E, traverszng sa~d called 4~0 507 acre tract, a d~stance of ~00 O0
feet,
THENCE S 38'59'25" W, traversing sa~d called 410 507 acre tract, a d~stance of 48S 68
feet to the POINT OF BEGINNING and conta;n;ng 46,82i square feet or ~ 075 acre of
land
NOTE
BEARINGS ARE BASED ON THE EASTERLY LINE OF THE SHADY SHORES 1-35 JOINT
VENTURE TRACT 2 (S IA'38'30" W), RECORDED IN COUNTY CLERK'S DOCUMENT
NUMBER 95-R0053704 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,
TEXAS
~J (>O)D~qI~ ~ J Scole, NONE Sh]el
~/~S~][ALL Dole ,JUNE, 2000
ClVlLENGINEERS~PLANNERS-SURVEYORS Job No , 9652 of
8001BddgeSt~eet, Bultel00, Fort Worth Texa~ ?811~ 3roffed, T.J M
Metro (817) 429-4373 Checked I d S B
~,, '~ The~0 Preserve at Pecan Creek, Ltd
0~9'''~ ~'~[-s C C D No 99-R0058704, R P R D C T
CCDNO 99-R0058706, RPRDCT
CCDNo 99-R0058707, RPRDCT
~ , "APPARENT LOCATION OF and
/ 20 STRIP OF LANO WHEREIN THE CITY OF
/DENTON TEXAS HAS T~ RIGHT TO CUT C C D NO 99-ROOSB713, R P R D C T
~ / ~D TRIM YREES TO THE EXT~T NECESSARY
~ ~TO KEEP THEM CLEAR OF ELECTRIC LINE
~.~ ~ Vol 417, Pg 596, D R D C T
~ ~ 50' CITY OF DENTON TEXAS
% EASEMENT FOR A WATER P PE L~E
X N ~ A~N ELECTRIC TRANSMI$$10N LINE
% ~ ~ V~ 417, Pg 596. O R O C T
A= 02 '33 '07"
R=2387
L: ~06.32' ~ ~ OF
T=53.~7'
CH BR=N 3~'~0'00" ~
Chd=i06.3i' ~ ~ ---
(VARIABI E WIDTH R 0 W
h= O0 '22'J2" ~OF
R=2~87 22'
~ CH BR=N 29 '42
~ l Chd= ~5 4 ~'
~/~f/o~
~~ ~ o.~e, JUNE, ~000
C~L~GINEERS-P~N~S-SURV~ORS Job No ~ 9652 i of ~
~l~geS~au~l~,Fo. Wo~T~78112 Drofled~ T J M
Me~o (81~ 4~73 Checked ~ J S B