HomeMy WebLinkAboutResolution No. 2012-066
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2012- 066
A RESOLUTION OF THE CITY COUNCIL OF THE COLONY,
TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY
OF THE COLONY AND THE TEXAS DEPARTMENT OF
TRANSPORTATION CONCERNING THE MAINTENANCE OF
DRAINAGE FACILITIES LOCATED IN THE CITY OF THE
COLONY, TEXAS, ON PROPERTY WITHIN THE RIGHT-OF-
WAY OF THE TEXAS DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony maintains drainage easements and provides for
surface drainage and the construction and maintenance of such facilities for drainage within the
City; and,
WHEREAS, the Texas Department of Transportation maintains State Highway 121
located within the corporate limits of The Colony, Texas; and,
WHEREAS, Memorial 121 Land, Ltd. has recently agreed with the City to provide new
drainage facilities within the City, part of which will be located in the Texas Department of
Transportation right-of-way concerning Highway 121; and,
WHEREAS, the State of Texas and the City of The Colony desire to enter into an
agreement to provide for the maintenance of such facilities within the right-of-way of the Texas
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council hereby approves an agreement by and between the
Texas Department of Transportation and the City of The Colony to provide for the maintenance
and operation of drainage facilities located within the right-of-way concerning State Highway
121 under the terms and conditions of the agreement, which is attached hereto and incorporated
herein by reference as Exhibit A; and, that the City Manager- is authorized to execute such
agreement for the purposes recited therein.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
day of , 2012.
APPROVED:
66-e McCourry, ayor
City of The Colony, Texas
ATTES'T':
i'~ e' ~ ~ ' ~ ✓ p ,f(}~
t„
Christie Wilson, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moor5,,City Attorney
r
STATE OF TEXAS §
§ WITNESSETH:
COUNTY OF DENTON §
This contract, made by and between the State of Texas, acting herein by and through the Texas
Department of Transportation, hereinafter called STATE, and the City of The Colony,
hereinafter called CITY, is as follows:
WHEREAS, the STATE has operated and maintained a 1.19-acre drainage facility at
approximately Highway Station 489 + 34 on State Highway 121 on the west side, an easement
interest therein being conveyed to the STATE by instrument recorded in Volume 338, Page 523,
of the Deed Records of Denton County, Texas; and
WHEREAS, Memorial Land 121, Ltd., owner of the fee underlying the STATE's easement,
hereinafter called OWNER, has realigned and constructed new drainage facility improvements
and related equipment, hereinafter called NEW FACILITY, at the subject location and has
constructed said NEW FACILITY to STATE's and CITY's specifications partially upon land
already owned by the State and upon land to be conveyed to the STATE, said land being
hereinafter called STATE'S EASEMENT and being more particularly described in Exhibits
"A" and "B" of the Maintenance Tract, attached hereto and made a part hereof, and
WHEREAS, OWNER is constructing the NEW FACILITY upon STATE'S EASEMENT at its
sole cost and expense, and OWNER and CITY have agreed that the construction of the NEW
FACILITY will not adversely affect, as determined by the STATE, any other drainage facilities
in the vicinity of State Highway 121 and Blair Oaks Drive; and
NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows:
1. The Colony City Council will pass a resolution authorizing the appropriate CITY official to
execute this agreement on behalf of the CITY.
2. The CITY shall maintain in good, safe repair and condition, at its sole expense and risk, all of
the NEW FACILITY located or to be located on the STATE'S EASEMENT. In addition to
the foregoing, the CITY hereby assumes any and all responsibilities and liabilities the
STATE may have for the proper and adequate handling of all future drainage into and from
the NEW FACILITY located approximately at Highway Station 489 + 34 in Control-Section
0364-03 of State Highway 121 near Blair Oaks Drive in Denton County, Texas, including,
but not limited to, flood prevention and prevention of adverse environmental effects with
regard to that section of State Highway 121 within the CITY's jurisdiction. All operation,
maintenance, repairs, replacement and/or construction related to the NEW FACILITY shall
be accomplished in a manner so as to cause no interference with highway use or any
reduction in the level of service of the highway facility as determined by the STATE.
Page 1 of 4
3. The CITY hereby agrees to indemnify and hold harmless the STATE and its agents,
representatives, contractors and employees, hereinafter called INDEMNIFIED PARTIES,
against any and all proceedings, suits, actions, claims, damages, judgments, liabilities,
awards and expenses whatsoever, hereinafter called CLAIMS, which may be brought or
instituted on account of or growing out of any and all injuries or damages, including death, to
persons or property relating to CITY's operation, maintenance, repairs, replacement and/or
construction of the NEW FACILITY upon, at or from the STATE'S EASEMENT or any
portion thereof. The CITY shall assume on behalf of the INDEMNIFIED PARTIES and
conduct with due diligence and in good faith the defense of all CLAIMS against any of the
INDEMNIFIED PARTIES. The CITY additionally hereby indemnifies and holds the
INDEMNIFIED PARTIES harmless from and against any and all CLAIMS arising out of
any construction and/or action or omission by the INDEMNIFIED PARTIES in the event the
STATE performs any repair, replacement and/or maintenance on the NEW FACILITY in
accordance with paragraph 5 herein below.
4. If, on account of any breach or default by CITY of its obligations under this agreement,
STATE enforces or defends any of STATE's rights or remedies hereunder, and should
STATE prevail, STATE shall be entitled to receive from CITY reimbursement for any and
all costs, including, but not limited to, attorneys' fees incurred in such connection.
5. The CITY agrees that it will not assign or abandon its responsibilities as set forth herein
without first obtaining the STATE's consent in writing, which consent may be withheld by
STATE for any reason.
6. In the event the STATE determines that the CITY has failed to maintain or make repairs or
replacements as required herein, the STATE may notify CITY in writing of said failure.
Should CITY fail to correct the situation within a reasonable time thereafter, as established
by the STATE, STATE may make the necessary correction at CITY's sole liability, and the
cost of labor, materials, equipment, plans and administration shall be paid by CITY within
thirty (30) days of receipt of a statement of said cost from STATE. STATE may, at its option,
choose any other remedies which may be available at law or equity. It is agreed and
understood that STATE has no responsibility or liability with respect to such operation,
maintenance, repairs, replacement and/or construction of the NEW FACILITY.
7. This contract contains a complete expression of the agreement between the parties, and there
are no promises, representations or inducements except such as are herein provided.
8. No waiver by the parties hereto of any default or breach of any term, condition or covenant
of this contract shall be deemed to be a waiver of any subsequent default or breach of the
same or any other term, condition or covenant contained herein.
9. The terms, conditions and covenants contained in this contract shall apply to and inure to the
benefit of successors in interest and legal representatives except as otherwise herein
expressly provided. All rights, powers, privileges, immunities and duties of STATE under
this contract, including, but not limited to, any notices required or permitted to be delivered
by STATE to CITY hereunder, may be exercised at STATE's option or performed by
Page 2 of 4
STATE's agent or attorney at the address below or to another address of which the CITY
gives written notice to the STATE.
10. In case any one or more of the provisions contained in this contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof, and this contract shall be
construed as if such invalid, illegal or unenforceable provision never has been contained
herein.
11. In the event, for any reason, the STATE does not or cannot release its rights and interest in
the SURPLUS EASEMENT, then this contract and agreement shall automatically without
further action become null and void and of no further force and effect.
12. The effective date of this contract is the date that the STATE signs the contract.
Page 3 of 4
In witness whereof, CITY has executed In witness whereof, STATE has
this contract on the l'liay of executed this contract on the day
2012 of , 2012
THE CITY OF THE COLONY THE STATE OF TEXAS
Executed by and approved for the Texas
Transportation Commission for the
purpose and effect of activating and/or
carrying out the orders, established
policies or work programs heretofore
approved and authorized by the Texas
Transportation Commission.
BY: BY:
-Tro ! 0a John P. Campbell, P.E.
City R ~B Director of Right of Way
Address:
6800 Main Street
The Colony, TX 75056
PY:
Jeff Moore
City _Attoreq z'-
Attest:
(Sell)
BY-
) t
Christie Wilson
City Secretary
Page 4 of 4
TEXAS T1tikNSPORTATION COMMISSION
DENTON County MINUTE ORDER Page 1 of l
DALLAS District
In the city of The Colony, 1)IiN'F0N CC)[_iNTY, Texas,. can S`l'AUt HIGHWAY 121, the
State of'Texas acquired an easement interest in certain land for highway drainage purposes by
instrument recorded in Volume 338, Page 523, Deed Records of Denton County, Texas.
The easement (SUr-plu.s easement), described in Exhibit A, is no longer needed for a state
highway purpose.
In accordance with V,T.C.A., Transport-,rtion Code, Chapter 202, Subchapter 11, the Texas
Transportation omn-m;i;ion (commission) may recommend the exchange of i wnrplnq easPmrnt as
partial or frill consideration for other land ncuded by the state for highway put` uses.
Memorial 121 Land, I.A., a Texas limited partnership (owner), i, the property owner and has
granted to the state the casement needed for highway drainage purposes (new easement), c1c:,wribed in
Exhibit 13. Owner is the owner of the fee tondc.rlying the surplus casement and has requested that the
surplus casement be released to owner. Owner will pay to the state the $5,393 difference ita value
between the value of the surplus easement and that of the new casement.
It is the opinion of the commission that it is proper and correct that the state release its
interest in the surplus easement in exchange and as full consideration for the new easement and the
dish paymenl of.$5,313 ro Me sra€e.
NOW, THEREFORE, the commismon finds that the suilalus easement is no longer needed for
fa state hil;irvay purpose and recornim:ncls, subject to approval by the attorney pencral, that the
pvcmor cif Texas execute. {a proper instrument partially rclea%iiig the state's rights and interest in the
surplus easement to Memorial 121 Land, Ltd., a Texas limited partnership, to exchange and as
consideration for the new etawniu ;t and the cash payment M'55,393 to the state.
Sazv~~ Rec-rf~.~' b};
fair tor, Right of S isiUli Iixecarti~ f 5ector 3'
Minute. Llata
Number passed
County: Denton
Highway: SH 121 Page 1 of 4
Control-Section: 0364-03 June 2, 2008
EXHIBIT `A'
EASEMENT 0.674 ACRE
(28' DRAINAGE EASEMENT)
BEING A 0.674 ACRE TRACT OF LAND SITUATED IN THE THOMAS WILSON
SURVEY, ABSTRACT NO. 1352, CITY OF THE COLONY, DENTON COUNTY, TEXAS,
AND BEING PART OF A 20.937 ACRE TRACT OF LAND, CONVEYED TO DBSI
COLONY WEST DEVELOPMENT LLC BY DEED RECORDED IN DOCUMENT NUMBER
127024, DEED RECORDS, DENTON COUNTY, TEXAS, SAID 0.674 ACRE TRACT, WITH
REFERENCE BEARING BEING GRID NORTH, TEXAS STATE PLANE COORDINATES,
TEXAS NORTH CENTRAL ZONE 4202, NAD 83 (CORS96, EPOCH DATE 2002) DATUM,
DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 236, 2006, CALCULATED
FROM DENTON CORS ARP (PID-DF8986), ARLINGTON RRP2 CORE ARP (PID-DF5387),
AND COLLIN CORE ARP (PID-DF8982), BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET AT THE
NORTH END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF MEMORIAL DRIVE (A VARIABLE WIDTH RIGHT-OF-WAY)
WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF BLAIR OAKS ROAD (A
VARIABLE WIDTH RIGHT-OF-WAY) AS RECORDED IN CABINET K, PAGE 278, PLAT
RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 60 DEGREES 47 MINUTES 30 SECONDS EAST, WITH SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE AND THE COMMON NORTHWESTERLY
LINE OF SAID 20.937 ACRE TRACT, A DISTANCE OF 15.35 FEET TO A 5/8" IRON ROD
CAPPED "CARTER BURGESS" SET AT THE POINT OF BEGINNING;
1.) THENCE, NORTH 60 DEGREES 47 MINUTES 30 SECONDS EAST, WITH SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE AND THE COMMON
NORTHWESTERLY LINE OF SAID 20.937 ACRE TRACT, A DISTANCE OF 43.70
FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER;
THENCE, OVER AND ACROSS SAID 20.937 ACRE TRACT, THE FOLLOWING
COURSES:
2.) SOUTH 29 DEGREES 12 MINUTES 30 SECONDS EAST, A DISTANCE OF
13.91 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER,
3.) SOUTH 15 DEGREES 47 MINUTES 30 SECONDS WEST, A DISTANCE OF
50.96 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER;
1ASLD\02409101\SDATA\4091 EX03.doc
6/3/2008
County: Denton
Highway: SH 121 Page 2 of 4
Control-Section: 0364-03 June 2, 2008
EXHIBIT A
EASEMENT 0.674 ACRE
(28' DRAINAGE EASEMENT)
4.) SOUTH 29 DEGREES 13 MINUTES 27 SECONDS EAST, A DISTANCE OF
658.33 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET
FOR CORNER;
5.) SOUTH 74 DEGREES 49 MINUTES 19 SECONDS EAST, A DISTANCE OF
16.61 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER;
6.) NORTH 60 DEGREES 50 MINUTES 10 SECONDS EAST, A DISTANCE OF
231.04 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET.
FOR CORNER;
7.) SOUTH 77 DEGREES 00 MINUTES 01 SECONDS EAST, A DISTANCE OF
37.10 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER IN THE WESTERN LINE OF A 1.19 ACRE RIGHT-OF-WAY
EASEMENT CONVEYED TO THE STATE OF TEXAS BY DEED
RECORDED IN VOLUME 338, PAGE 523, DEED RECORDS, DENTON
COUNTY, TEXAS;
8.) SOUTH 00 DEGREES 48 MINUTES 13 SECONDS EAST, WITH SAID
WESTERN EASEMENT LINE, A DISTANCE OF 37.61 FEET TO A 5/8"
IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER IN THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 121;
9.) THENCE SOUTH 60 DEGREES 50 MINUTES 10 SECONDS WEST, WITH SAID
NORTHWESTERLY RIGHT-OF-WAY LINE, AND THE COMMON
SOUTHEASTERLY LINE OF SAID 20.937 ACRE TRACT, A DISTANCE OF 6.19
FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER;
THENCE, OVER AND ACROSS SAID 20.937 ACRE TRACT, THE FOLLOWING
COURSES:
10.) NORTH 29 DEGREES 09 MINUTES 50 SECONDS WEST, A DISTANCE OF
2.35 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER;
11.) NORTH 69 DEGREES 08 MINUTES 20 SECONDS WEST, A DISTANCE OF
36.08 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER;
1ASLD102409101\SDATAW91 EX03.doc
6/3/2008
County: Denton
Highway: SH 121 Page 3 of 4
Control-Section: 0364-03 June 2, 2008
EXHIBIT `A'
EASEMENT 0.674 ACRE
(28' DRAINAGE EASEMENT)
12.) SOUTH 60 DEGREES 50 MINUTES 10 SECONDS WEST, A DISTANCE OF
222.72 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET
FOR CORNER;
13.) NORTH 74 DEGREES 49 MINUTES 19 SECONDS WEST, A DISTANCE OF
39.79 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER;
14.) NORTH 29 DEGREES 13 MINUTES 27 SECONDS WEST, A DISTANCE OF
690.57 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET
FOR CORNER;
15.) NORTH 15 DEGREES 47 MINUTES 30 SECONDS EAST, A DISTANCE OF
28.76 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER;
16.) NORTH 29 DEGREES 12 MINUTES 30 SECONDS WEST, A DISTANCE OF
9.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.674
ACRES OF LAND, MORE OR LESS.
I, JAMES JOSEPH MURRAY, JR., A REGISTERED PROFESSIONAL LAND SURVEYOR,
HEREBY CERTIFY THAT THE LEGAL DESCRIPTION HEREON AND THE
ACCOMPANYING PLAT OF EVEN DATE REPRESENTS AN ACTUAL SURVEY MADE
ON THE GROUND UNDER MY SUPERVISION.
G\ 7
JAMES JOSEPH .MURRAY„ B.
..:5538 ..v, .
JS JOSE MURRAY, JR.,g, . ASS ~Q ,t
REGISTERED PROFESSIONA ND SURVEYOR S jF
TEXAS REGISTRATION NO. 5538
1:\SLD\0240910] \SDATA\409] EX03.doc
6/3/2008
PAGE 4 OF 4
DUNE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE
L1 S 29'13 27 E 658.33' L8 S 15°47'30 W 50.96 L13 N 69'08 20" W 36.08'
L2 S 74'49'19" E 16.61' L9 S 77'00 01 E 37.10' L14 S 6050'10" W 222.72°
L3 N 60'50'10" E 231.04' L10 S 00'48'13 E 37.61 L15 N 29°13'27" W 690.57'
L4 N 74'49'19" W 39.79' L11 S 60°50'10 W 6.19' L16 N 15'47 30 E 28.76
L5 N 60`47'30" E 15.35 L12 N 29°09'50" W 2.35' L17 N 29.12'30" W 9.14
--E6 -N 60'47'30" E 43.70
L7 S 29'12'30" E 13.91' THE CITY OF THE COLONY, TEXAS
TRACT 1
80.523 ACRES
VOLUME 4612, PAGE 699
POINT OF D.R.D.C.T.
OINT OF MEMORIAL DRIVE
COMMENCING P
BEGINNING
5/8"CIRS~ VARIABLE WIDTH 1 "-2009
v ~
L16 L7 v,
Y N " ~lb
onz V,
S o- o a c5
m t- d ° V
z o C7 X28 04 l~eQ~~• Q /
^c~„
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o a ma >0.674~ACRES
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a 20.937 ACRES a
W w x °w DBSI COLONY WEST
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0 0 0 c~ R~ 20' EASEMENT
m J r_ o o w° v~~\ DENTON COUNTY
00 t:z / SV4>
v a > 5a 28` i SN\PP5 0. 122 ELECTRIC VOL 2820o PG COOPERATIVE
a
o mm Imp' Y L3 L9 i gstR~c~ N D.R.D.C.T°
$ - L14-1- ` vi -
L10 STATE HIGHWAY NO. 121
30 L12 STATE OF TEXAS (VARIABLE WIDTH R.O.W.)
VOL. 2792, PG. 80
D.R.D.C.T.
APPROXIMATE STATION 488+28 SHOWN
NOTE: ON TXDOT R.O.W. MAP S.H. 121, FROM
ALL CORNERS ARE 5~8" IRON RODS `2-1/2 MILES SOUTH OF LEWISVILLE TO OF
CAPPED "CARTER BURGESS" UNLESS / COLLIN COUNTY LINE, CONTROL 354, ~L
OTHERWISE NOTED. SECTION 3, DATED F BRUARY 25, 1949. ~Q`°•'G\ T T
- : •°~o
I, JAMES JOSEPH MURRAY, JR., A REGISTERED PROFESSIONAL
LAND SURVEYOR, HEREBY CERTIFY THAT THE LEGAL DESCRIPTION JAMES JOSEPH MURRAY,JR.
..............ve...
LEGEND HEREON AND THE ACCOMPANYING PLAT OF EVEN DATE
P.R.D.C.T. PLAT RECORDS REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER ' .A~
DENTON COUNTY. TEXAS UPERVISIQN ®'~FSS \O
D.R.D.C.T. DEED RECORDS, ®
DENTON COUNTY, TEXAS J JOSE HURRAY, JR. SUR
D.R.D.C.T. DEED RECORDS REGISTERED OFESSIONAL LA RVEYOR
CIRS IRON OD CAPPED 'CARTER BURGESS" TEXAS REGISTRATION NO. 553 `p®®-4 rta
BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, TEXAS NORTH CENTRAL ZONE 4202, NAD 83 (CORS96, EPOCH DAJE 2002)
DATUM, DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 236, 2006, CALCULATED FROM DENTON CORS ARP (PID-DF8986), ARLINGTON RRP2
CORS ARP (PID-DF5387), AND COLLIN CORS ARP (PID-DF8982),
DATE. 5/02/08 EXHIBIT "
SCALE: 1-200 FASEMENT 0.674 ACRE gm~m
(28 EASEMENT FOR DRAINAGE)
DRAWN BY. RC OUT OF THE 795D EUAY M DRIVE, X= 260
THOMAS WILSON SURVEY. ABSTRACT NO. 1352 QAUA& 14 TX 75247-4081
CHECKED er. a MURRAY CITY, OF THE COLONY, IN THE
DENTON COUNTY, TEXAS
CONTROL-SECTION: 0364-03 1: \SLO\02409101 \GRA\5091 EX03.DWG
County: Denton
Highway: SH 121 PAGE 1 OF 3
Control-Section: 0364-03 May 21, 2008
EXHIBIT "B"
0.020 ACRE
PART OF AN
EXISTING EASEMENT
BEING A 0,020 ACRE TRACT OF LAND SITUATED IN THE J.B. SHIPPS SURVEY,
ABSTRACT NO. 1227, CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING
PART OF A 20.937 ACRE TRACT OF LAND, CONVEYED TO DBSI COLONY WEST
DEVELOPMENT LLC BY DEED RECORDED IN DOCUMENT NUMBER 127024, DEED
RECORDS, DENTON COUNTY, TEXAS; AND BEING A PART OF A CALLED 1.19 ACRE
RIGHT-OF-WAY EASEMENT CONVEYED TO THE STATE OF TEXAS BY DEED AS
RECORDED IN VOLUME 338, PAGE 523, DEED RECORDS, DENTON COUNTY TEXAS;
SAID 0.020 ACRE TRACT, WITH REFERENCE BEARING BEING GRID NORTH, TEXAS
STATE PLANE COORDINATES, TEXAS NORTH CENTRAL ZONE 4202, NAD 83 (CORS96,
EPOCH DATE 2002) DATUM, DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY
236, 2006, CALCULATED FROM DENTON CORS ARP (PID-DF8986), ARLINGTON RRP2
CORS ARP (PID-DF5387), AND COLLIN CORS ARP (PID-DF8982), BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET AT THE
NORTH CORNER OF SAID 20.937 ACRE TRACT AND THE COMMON WEST CORNER OF
LOT 1, BLOCK A, EAST OAKWOOD VILLAGE, AN ADDITION TO THE CITY OF THE
COLONY AS RECORDED IN CABINET X, PAGE 746, PLAT RECORDS, DENTON COUNTY,
TEXAS, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF
MEMORIAL DRIVE (A VARIABLE WIDTH RIGHT-OF-WAY)
THENCE, SOUTH 60 DEGREES 47 MINUTES 30 SECONDS WEST, ALONG THE
NORTHWESTERLY LINE OF SAID 20.937 ACRE TRACT AND THE COMMON
SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID MEMORIAL DRIVE, A DISTANCE OF
335.76 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET; AND BEING IN
THE EASTERN LINE OF SAID RIGHT-OF-WAY EASEMENT;
THENCE DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 20.937 ACRE
TRACT AND ALONG THE EASTERN LINE OF SAID RIGHT-OF-WAY EASEMENT, THE
FOLLOWING COURSES:
SOUTH 00 DEGREES 48 MINUTES 13 SECONDS EAST, A DISTANCE OF
878.42 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
THE POINT OF BEGINNING;
1.) SOUTH 00 DEGREES 48 MINUTES 13 SECONDS EAST, A DISTANCE OF 6.19
FEET TO A POINT FOR CORNER ON THE SOUTHEAST LINE OF SAID
1:\SM02409101 \SDATA\4091 EX04.doc
6/3/2008
County: Denton
Highway: SH 121 PAGE 2 OF 3
Control-Section: 0364-03 May 21, 2008
EXHIBIT "B"
0.020 ACRE
PART OF AN
EXISTING EASEMENT
20.937 ACRE TRACT AND THE COMMON NORTHWESTERLY RIGHT-OF-
WAY LINE OF STATE HIGHWAY NO. 121 (A VARIABLE WIDTH RIGHT-OF-
WAY);
2.) THENCE, SOUTH 60 DEGREES 50 MINUTES 10 SECONDS WEST, ALONG
THE SOUTHEAST LINE OF SAID 20.937 ACRE TRACT AND THE COMMON
NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY
NO.121, A DISTANCE OF 45.46 FEET TO A POINT FOR CORNER IN THE
WESTERN LINE OF SAID RIGHT-OF-WAY EASEMENT;
THENCE DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 20.937 ACRE
TRACT THE FOLLOWING COURSES:
3.) NORTH 00 DEGREES 48 MINUTES 13 SECONDS WEST, ALONG THE
WESTERN LINE OF SAID RIGHT OF WAY EASEMENT A DISTANCE OF
37.61 FEET TO A 5/8" IRON ROD CAPPED "CARTER BURGESS" SET FOR
CORNER;
4.) SOUTH 77 DEGREES 00 MINUTES 01 SECONDS EAST, A DISTANCE OF
41.19 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.020
ACRES OF LAND, MORE OR LESS.
I, JAMES JOSEPH MURRAY, JR., A REGISTERED PROFESSIONAL LAND SURVEYOR,
HEREBY CERTIFY THAT THE LEGAL DESCRIPTION HEREON AND THE
ACCOMPANYING PLAT OF EVEN DATE REPRESENTS AN ACTUAL SURVEY MADE ON
THE GROUND UNDER MY SUPERVISION.
JAMES JOSEPH MURRALP
J S JOSE MURRAY, JR. 553$
REGISTERED PROFESSIONA AND SURVEYOR
TEXAS REGISTRATION NO. 5538 SUR
Ioa ADS
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LINE BEARING DISTANCE
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VOL 2792, PG. 80
D.R.D.C.T.
APPROXIMATE STATION 488+28 SHOWN OF
ON TXDOT R.O.W. MAP S.H. 121, FROM
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~SECTIONC3, DATEDNFE RUARY025,611949. G ~Q~O•-9
- 1. JAMES JOSEPH MURRAY. JR., A REGISTERED PROFESSIONAL JAMES• JOSEPH MURRAY,.. .
LEGEND LAND SURVEYOR, HEREBY CERTIFY THAT THE LEGAL DESCRIPTION . • 'd' • • '~~p• • •
P.R.D.C.T. PLAT RECORDS, HEREON AND THE ACCOMPANYING PLAT OF EVEN DATE '•'F~ 5535
DENTON COUNTY,TEXAS REPRESENTS AN ACTUAL SURVEY MADE ON THE OROUND UNDER 9'• F f
PERVISION. Q SS
D.R.D.C.T. DEED RECORDS,
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DENTON COUNTY, TEXAS
SUP,
D.R.D.C.T. DEED RECORDS,
DENTON COUNTY, TEXAS J JOSEP URRAY, JR. ! o Q
CIRS IRON ROD CAPPED "CARTER BURGESS" R TERED PROFESSIONAL LANDS VEYOR 3
TEXAS REGISTRATION NO. 5538
BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, TEXAS NORTH CENTRAL ZONE 4202, NAD 83
(CORS96, EPOCH DATE 2002) DATUM, DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 236, 2006. CALCULATED FROM
DENTON CORS ARP (PID-DF8986), ARLINGTON RRP2 CORS ARP (PID-DF5387), AND COLLIN CORS ARP (PIDlDF8982),
DATE: 0e/02/08 EXHIBIT B
SCALE 1_200 0.020 ACRE TRACT X -Q
PART OF AN EXISTING EASEMENT
DRAWN BY: S.C.O. OUT OF THE '
J.B. SHIPPS SURVEY, ABSTRACT NO. 1227 7Y30 DRNL 1SURE 250
IN THE M
214) 120
CHECKED BY: J. MURRAY CITY OF THE COLONY, DENTON COUNTY, TEXAS
CONTROL-SECTION: 0364-03 I: \SLD\02409101\GRA\5091EX04.DWG