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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