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HomeMy WebLinkAboutResolution No. 09-044 RESOLUTION NO. 09-~ q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A PARTIAL RELEASE OF ARCHITECTURAL CONTROL RESTRICTIONS ATTACHED AS EXHIBIT A, FOR ACQUISITION OF RIGHT-OF-WAY FOR THE EXPANSION OF FM 423 (MAIN STREET); AUTHORIZING THE CITY MANAGER TO EXECUTE SAID RELEASE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council hereby approves the partial release of certain architectural control restrictions requested by the State of Texas in connection with the F.M. 423 highway project and authorizes the City Manager to execute such Agreement on behalf of the City of The Colony. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The City Council hereby approves and consents to the execution of the Partial Release of Architectural Control Restrictions on the property described in the attached as Exhibit A, including all exhibits thereto. Section 2. The City Manager is hereby authorized to execute any and all documents necessary to execute the release as provided herein. Section 3. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provides. PASSED, APPROVED and EFFECTIVE this 15th day of June, 2009. G oe McCo , Mayor City of T e Colony, Texas AT S Christie Wilson, City Secretary, City of The Colony, Texas e t r.= e APP A T ORM: Robert E. Hager ty Attorney .x City of The Colony, Texas (REH/WW 05/28/09) TM 37276.76.000 PARTIAL RELEASE OF ARCHITECTURAL CONTROL RESTRICTIONS STATE OF TEXAS § COUNTY OF DENTON § This Partial Release of Architectural Control Restrictions (the "Release") is made this -day ofd,, , 2009, by the City of The Colony, Texas (the "City"), and pursuant to Council Resolution Qq - 0 4 4 passed on ;;Q ne- 11tr , 2009. Whereas, by i) a Special Warranty Deed dated October 24, 1984, executed by the City and recorded in Volume 1509, Page 554, County Clerk's Official Records of Denton County, Texas, and by ii) a Special Warranty Deed dated October 29, 1984, executed by the City and recorded in Volume 1512, Page 583, County Clerk's Official Records of Denton County, Texas, the City expressly retained complete architectural control over all improvements on the lands respectively described and conveyed therein (the "Burdened Properties"), and established that all plans and specifications are to be submitted to the City Council of the City for review and approval, and/or modification or rejection therein (the "Restrictions"). These restrictions were stated to be a covenant running with the lands therein described and conveyed, and shall be enforceable by the City. Whereas, the State of Texas (the "State") is acquiring certain portions of land for the F.M. 423 highway project in The Colony, Denton County, Texas, and has requested a release of the architectural control restrictions as pertains to the parcels being acquired by the State, designated as Parcel 54, Parcel 50, Parcel 53, Parcel 59 and Parcel 61, each being described by metes and bounds in the respective Exhibit "A's" attached hereto and made a part hereof for all purposes (the "State's parcels"). Whereas, the City agrees that the State's .parcels may be released from the Restrictions. Now Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City agrees as follows: 1. All terms and obligations contained in the Restrictions are hereby released as to the State's parcels only. The State shall have no obligations or responsibilities in connection with the Restrictions. 2. The Restrictions affecting the remaining portions of the Burdened Properties shall remain in full force and effect. 1 In Witness Whereof, the City has executed this Part' Release of Architectural Co rol Restrictions, to be effective as of this day of 2009. THE CITY OF THE COLONY, TEXAS: By: ~Q Name: _ Title: State of Texas, County of Denton: This instrument was acknowledged before me on this r5~ day of : U , 2009, by J)ale C'-,hor~A1 It kvz , as tlr..~ of the City of The Colony, Texas. CAJ Notary Public, State of Texas 5 4PR,,PUB~, ; CHRISTIE NEU WILSON ; • = , • Notary Pubbr, State of Texas My Commission Expires 11-22-09 nn,na 4 EXHIBIT "A" COUNTY: DENTON Page 1 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CS3: 1567-02-030 Description for Parcel 54 Being an 874 square foot tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, in the City of The Colony, Denton County, Texas and being a portion of Lot 1 of the McDonald's Addition recorded in Cabinet E, Slide 205 of the Plat Records of Denton County, Texas, and being conveyed to McDonald's Corporation recorded in Volume 1704, Page 647 of the Deed Records of Denton County, Texas. Said 874 square foot tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch capped iron rod found on the west line of said McDonald's tract, being the southeast comer of a tract of land described in deed to Mary Candace Mays, femme sole recorded in County Clerk's File No. 94-0089387 of the Deed Records of Denton County, Texas, and being the northeast corner of the Final Plat of the Wallco Addition recorded in Cabinet U, Slide 191 of the Plat Records of Denton County, Texas; THENCE North 00 Degrees 16 Minutes 46 Seconds West, along the west line of said McDonald's tract, and the common east line of said Mary Candace Mays tract, a distance of 158.33 feet to an X' Cut set for the POINT OF BEGINNING; (1) THENCE North 00 Degrees 16 Minutes 45 Seconds West, continuing along the west'line of said McDonald's tract, and the common.east line of said Mary Candace Mays tract, a distance of 1.91 feet to an "X" out set for the northwest corner of said McDonald's tract, being the northeast comer of said Mary Candace Mays tract, and being on the south right-of-way line of South Colony Boulevard (a 50 foot right-of- way) as conveyed by right-of-way dedication recorded in County Clerk's File No. 94-50962 of the Deed Records of Denton County, Texas, from which a 318 inch iron rod found bears South 00 Degrees 25 Minutes 33 Seconds East, a distance of 6.74 feet; (2) THENCE North 89 Degrees 26 Minutes 39 Seconds East, along the north line of said McDonalds tract, and the south right-of-way line of said South Colony Boulevard, a distance of 170.09 feet to a point for the northeast corner of said McDonalds tract, being at the intersection of the south right-of-way line of South Colony Boulevard, and the west right-of-way line of Farm to Market (F.M.) No. 423 as conveyed to the State of Texas recorded in Volume 1108, Page 320 of the Deed Records of Denton County, Texas; - (3) THENCE South 00 Degrees 18 Minutes 19 Seconds East, along the east line of said McDonalds tract, and the west right-of-way line of F.M. No. 423 a distance of 34.11 feet to a 518 inch iron rod with an aluminum cap stamped "TxDOT" set" for corner; EXHIBIT "A" COUNTY: DENTON Page 2 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 1567-02-030 Description for Parcel 54 THENCE departing the east line of said McDonald's tract and the west right-of-way line of F.M. No. 423, over and across said McDonald's tract, the following courses and distances: (4) THENCE North 45 Degrees 25 Minutes 50 Seconds West, a distance of 44.81 feet to PK nail set for corner, (5) THENCE South 89 Degrees-37 Minutes 37 Seconds West, a distance of 138.34 feet to the POINT OF BEGINNING and containing 874 square feet of land, more or less. The Monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type If Right-of-Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Basis of Bearings is based on the Texas State Plane Coordinate System, NAD 83 (1993 Adj.) North Central Zone, all distances and coordinates shown are surface and may be converted to grid by dividing by TxDOT conversion factor of 1.000150630. A parcel plat of even date herewith accompanies this property description. ristered Vedro, .P.L.S. February 20, 2008 R Professional Land Surveyor Texas Registration No. 4934 Carter Burgess Inc. OF 7950 Elmbrook Dr F Dallas, Texas 75429 214-638-0145 . GARY S. VEDRO 3~FESS4 ti~j •SUR'F, EXHIBIT "A" PAGE 3 OF 3 a c - Jam,. - i ~ .1 i Ir-:._.i.t, :i - RIGHT OF'vWAY DEDICATION 5 I = THE CITY OF THE COLONY SOUTH COLONY BL-VD. S Ic~~` C. C. 93-0083612 is D. R. D. C. T. rn _ °ftfGH T ^OI' WAY"DEBfCtCT IbN' l1O0° 16'10"W OX Tl NE C. C. 4i 94-50962 , y 1.9S' " N89° 26' 39"E 1!'70.09' c( a P • - .;8 4-mss:. I H . P. 0. X" S '9'°"3"7" 7"VV'•-,,.I L r• ' 'a, OUT /VZ R. 0.'r A L IN~ "1 $ ' C'' S~Qa I . ~t SO,. f. ~J 3/8" I.R.F. SEARS FROM NORTHWEST I I; . z CORNER OF MODONALDS CORP. TRACT: I 1 ' vi { SOO'25'33"E - 6.74' t I I I 7~7 cc 2 1d4::- t 1 Q C 4 N=om 0- (-;'!i2 I ( I' ! Y 4-• # v I 'LC31uj F.._ O 0-iC~' t Il y y}q • INt C i ta I Nt 1~ Ca t!T O CT` :t i I'n ~ ' ZZ 1. w L% 6 t%W Q Ca Iait7^ / Im 0 > ~iU ~ I m r~ I N N CITY r LL- tit j ; THE COL.lY ~Q P.O.C., i ►~lw M B. B. B.._.~ C: f~t f`.__'SURVE Y t i t I IWO .,.I~ Q q0 - . -j ~ ABSTRACT NO. 173 °t x ~ LrS 1 r Y I,t F„- T} w IicQ>wt ci ml z =5. 4r i I I C> uj 00 c; lj~:w '1117 V-j .I•I.r~' c 1 ..~I+ ~ ~ ~ i.S I~ i I ~t ~ ~ ;'1 s g ALL BEARtNOS ARE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD. 93 (1993 odJ.) NORTH CENTaAL ZONE, ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRED BY DIVIDING BY TXOOT CONVERSION FACTOR OF 1.000150630. LEGEND EXISTING RIGHT OF WAY LINE 1! ~~~~G~SA~~R1~.'•"'Q PROPERTY LINE GRAPHIC SCALE rC- Q~ ~ s d , COUNTY LINE ; ; CONTROL OF ACCESS LINE III 0' ZS' 50' SVEDRD SURVEY LINE A PLAT OF A SURVEY OF GARY FENCE LINE ,O CITY LIMITS --x ---X -T 874 S. F. TRACT OF LAND 4934 CASEMENTS - - IN THE B. B. B AND C. R. R. SURVEY ~Ji.oFSSIa.•!~ RAILROAD . v STRUCTURES-- ----~C ABSTRACT NUMBER 173 S 0- IRON TxGOT AM ALUMINU UNLLEESS DISK OTHERWISE KOtEO F A 5/6-INCH OF f AND TBEING S ADDITION CITY OF THE COLONY constrru ma y be described with o TxDo# Type 11 Riotro destroyed during DENTON COUNTY, TEXAS ucti Under the supervision upon rvision ompletion of of a the hiotxoerectProfesatony Professlonok Laid Surveyo ti project r, t OESCP l/. Ar EVEN SURVEY DATE NEREWI TN either employed or retained b by y T xDot. ACCOWANIES RIS PLAT e C. S. J.: 1567-02-030 EXHIBIT "A" COUNTY: DENTON Page 1 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 1567-02-030 Description for Parcel 50 Being a 117 square foot tract of land situated in the B.B.B. & G.R.R. Survey, Abstract No. 173, in the City of The Colony, Denton County, Texas.and being a portion of Lot 2, Block 1 of the Mays Addition .recorded in Cabinet K, Slide 327 of the Plat Records of Denton County, Texas and being conveyed to Mary Candace Mays recorded In County Clerk's File No. 94-0000070 of the Deed Records of Denton County, Texas. Said 117 square foot tract being more particularly described by metes and bounds as follows: COMMENCING at an "X" Cut founctfor the southeast corner of Lot 1 of the Taco Bell Addition recorded in Cabinet G, Slide 144 of the Plat Records of Denton County, Texas, being a common corner of Lot 1, Block 1 of said Mays Addition, and being on the west right-of-way line of Farm to Market (F.M.) No. 423 as conveyed to the State of Texas recorded in Volume 1108, Page 320 of the Deed Records of Denton County, Texas; THENCE North 00 Degrees 18 Minutes 19 Seconds West, along the east line of said Taco Bell Addition, and the common west right-of-way line of F.M. No. 423, a distance of 129.00 feet to a point for the northeast comer of said Taco Bell Addition, being a common comer of said Lot 2, Block 1, and being the POINT OF BEGINNING; (1) THENCE North 89 Degrees 58 Minutes 48 Seconds West, along a southerly line of said Lot 2, Block 1 and the north line of said Taco Bell Addition, a distance of 4.33 feet to an "X" Cut set for corner; (2) THENCE North 01 Degrees 48 Minutes 52 Seconds West, over and across said Lot 2, Block 1, a distance of 25.01 feet to an "X" Out set for comer in the north line of said Lot 2, Block 1, being the common south line of a tract of land described in deed to Retail Buildings, Inc., recorded in County Clerk's File No. 95-0022705 of the Deed Records of Denton County, Texas; (3) THENCE North, 89 Degrees 59 Minutes 35 Seconds East, along the north line of said Lot 2, Block 1, and the common south line of said Retail Buildings tract, a distance of 4.99 feet to a point for the northeast corner of said Lot 2, Block 1, being the common southeast corner of said Retail Buildings, Inc. tract, and being on the west right-of-way line of said F.M. No. 423; (4) THENCE South 00 Degrees 18 Minutes 19 Seconds East, along the east line of said Lot 2, Block 1, and the west right-of-way line of F.M. No. 423, a distance of 25.00 feet to the POINT OF BEGINNING and containing 117 square fleet of land, more or less. EX-MIT "A" COUNTY: DENTON Page 2 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 1567-02-030 Description for Parcel 50 The Monument described and set in this call, if destroyed during construction, may be replaced with a TOOT Type 11 Right-of-Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Basis of Bearings is based on the Texas State Plane Coordinate System, NAD 83 (1993 Adj.) North Central Zone, all distances and coordinates shown are surface -and may be converted to grid by dividing by TxDOT conversion factor of 1.000150630. A parcel plat of even date herewith accompanies this property description. . Vedro, .P.L.S. February 20, 2008 'stered Professional Land Surveyor Texas Registration No. 4934 Carter Burgess Inc. OF 7950 Elmbrook Dr P 57 E-f Dallas, Texas 75429 '~`~G''' 214.638-0145 GARY S. VEDRO ......4934 ~iGQ .ss\ . S UR EXHIBIT "A" PAGE 3 OF 3 RETAIL BUILDINGS, INC.` 95•-•0022705':° i i is 1 1-=1 C. C.D. R. D. C. T. l ► 10' UTILITY ESMT, =:i....i. L ' •'o CAB. L, SLIDE 112 I i I. 1 ~ C a , c~r~ca4, - - a- - - ' 589 59' 3-5"E 4 ^(COUNTY-ESMT. YO. 41 b,'G. 342) 4. 99 I ` T'- W I CUT CUT > °o LOT 2 0'1 i1/£!Y A O. I!: L tNE r = j'" : 1 1~7 , 8 '•'70°1 _ INGRESS /EGRESS ESMT._ N01 ° 48' 52 "W V) Ln C> : E o ~ VOL. 2227, PG. 263 _ '25.-OT"- ~ - - 1 l o r OG • C C " a o ' ° - . I ' I C U T F I ° LLI c E - z i I l V N89° 58' 48 „W Li h o , ti Lg-Ct c 4.33 . • „ ~ 1. . d ,t- Q V1• c; I µ ».:c C I TY 0 z, I #I ¢ Ltt ? Q 0 O W ad' ,U-1 6 a l THE CQLONY I , Qj, a, ~ j--- , > ,d C.'_1 C. I I t { i 1 I ((i) 0 1 m V) 1, f c''''1, CO Lai l .V-, I i l am-', La 5 ° CO N, I C=l LL- cl~ 04 Uj cr -j i 2 M 1..• 1:7#: fYl::~; , l I #i e I E Y•~ `y', h•- Lo) -J m 1-- O LL, r I Q Fi.: C? G! J m = i{. p j?•I »:t O i V Ck Lrl U E i l>'. O: k T.• lir Fes- Cl -j S C- -.1 CD Q 1, C'i d sit S ' i v ¢ ! I i i# s x 1 ,~i. n1 I I ~z FI LL1 ~ mr, ~'ewnn`vin..:"uow,iwur.mww»,an"]i v i• V I ry,""r4 O 5 i P XtCUFsFND. # Mv„ w, uwn.n. wmwn mxm.n -,H I [~A : L+l O !X Lit c7 1 1 (COUNTY ESMT. - VOL. 416, PG. 342),1 1 ~ l< p 1 ~ ~ Q- L5 1- v I , INGRESS / EGRESS ESMT. I ! O I o o ° Q) Q~ i, > ' LEI ac r I W. BELL ESMT. - VOL. 1104, PG. 192)--i-- , j ' I w ° C! C V) C OS-1 S ALL BEAAINOS ARE ON THE TEXAS STATE 'PLANE COORDINATE SYSTEM, NAO. 83 (1993 Odl.) # ( + ~f NORTH CENTRAL ZONE, ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY 777 . BE CONVERTED TO GRID BY DIVIDING BY TXOOT CONVERSION FACTOR OF 1.000180630. LEGEND ~u { EXISTING RIGHT OF MAY LINE OF PROPERTY LINE Pr GRAPHIC SCALE ~(GG ER Fq IST h(1~ COUNTY LINE ~ CONTROL OP ACCESS LINE IU 0' 20' 40' IYYVVI SURVEY LINE GARY S. VEDRO FENCE LLNE _.._.X X- A PLAT OF A SURVEY OF CITY LIMITS 117 S. F. TRACT OF LAND Ir -off 4934 .`ati O y SS,1,~-k RAtLROAU IN THE B. B. & G R, R, SURVEY 0 STRUCTURE ABSTRACT NUMBER 1 73 S U I O TALLUMINUM SK SET 014 TOPD A 6/8-INCH_ AND BEING PART OF LOT 2 BLOCK 1 IRON R UNLESS TS OF THE MAYS ADDITION is the Mm nent described and set in this cols, if destroyed damp CITY OF THE COLONY , construction, fj be reploced with o Txpot Type II Right of Way DENTON COUNTY TEXAS ~ - Marker upon om etion of the hIcNy construction project under the supervision of o Reqlsfered Professional Land Surveyor, L L DE5CRTP ION Ar EVEN SURVEY GATE REREWITR either smployed or retained by TxOot. ( ACCQVPANIES THIS PLAT. PARCEL 50 C.S.J. 1567-02-030 EXHIBIT "A" COUNTY: DENTON Page 1 of3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 1567-02-030 Description for Parcel 53 Being a 1,382 square foot tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, in the City of The Colony, Denton County, Texas and being a portion of Lot 1, Block 1 of the Carlisle Colony Addition No. 1, an addition to the city of The Colony as recorded in Cabinet F, Slide 94 and conveyed to Leisy Brewing Company by deed recorded Volume 3347, Page 0073, Deed Records, Denton County, Texas. Said 1,382 square foot tract being more particularly described by metes and bounds as follows: COMMENCING at an "X" cut found on the southeast corner of Lot 1 of the Taco Bell Addition, an addition to the city of The Colony as recorded in Cabinet G, Slide144, Plat Records, Denton County, Texas and being on the common northeast comer of Lot 1, Block 1 of the Final Plat of Mays Addition, an addition to the city of The Colony recorded in Cabinet K, Slide 327, Plat Records, Denton County, Texas conveyed to Mary Candace Mays by deed recorded in County Clerk's File No. 94-0000070, Deed Records, Denton County, Texas and being on the common west right-of-way line of Farm to Market Road (F.M.) No. 423 (a variable width right-of-way) conveyed to the State of Texas by deed recorded in Volume 1108, Page 320, Deed Records, Denton County, Texas; THENCE along said west right-of-way line of said F.M. 423 and the common east lines of said Mary Candace Mays tract and said Leisy Brewing Company tract, the following courses and distances THENCE South 00 Degrees 18 Minutes 19 Seconds East, a distance of 136.64 feet to a 518 inch iron rod with an aluminum cap stamped "TxDOT" set** for the POINT OF BEGINNING on the east line of said Leisy Brewing Company tract and the common west right-of-way line of said F.M. 423 (1) THENCE South 00 Degrees 18 Minutes 19 Seconds East, a distance of 78.70 feet to a point for the southeast corner of said Leisy Brewing Company tract and the common intersection of the west right-of-way line of said F.M. 423 and the north right-of-way line of South Colony Boulevard (a variable width right-of-way) conveyed by right-of-way dedication recorded in County Clerk's File No. 94-50962, Deed Records, Denton County, Texas; (2) THENCE South 89 Degrees 26 Minutes 39 Seconds West, a distance of 170.00 . feet to an "r Cut set for the southwest corner of said Leisy Brewing Company tract and the common southeast comer of said Mary Candace Mays tract; EXHIBIT "A» COUNTY: DENTON Page 2 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 1567-02-030 Description for Parcel 53 (3) THENCE North 00 Degrees 18 Minutes 15 Seconds West, along the west line of said Lelsy Brewing Company tract and the common east line of said Mary Candace Mays tract, a distance of 3.13 feet to an "X" Cut set for comer; THENCE over and across said Lelsy Brewing Company tract, the following courses and distances: (4) THENCE North 89 Degrees 37 Minutes 37 seconds East, a distance of 127.55 feet to an "r Cut set for comer; (5) THENCE North 45 Degrees 25 Minutes 10 Seconds East, a distance of 57.81 feet to an "X" Cut set for comer; (6) THENCE North 01 Degrees 23 Minutes 41 Seconds East, a distance of 35.82 feet to the POINT OF BEGINNING and containing 1,382 square feet of land more or less. * The Monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type 11 Right-of-Way Marker upon the completion of the highway construction project under the supervlslon of a Registered Professional Land Surveyor, either employed, or retained by TxDOT. Basis of Bearings is' based on the Texas State Plane Coordinate System, NAD 83 (1993 Adj.) North Central Zone, all distances and coordinates shown are surface and may be converted to grid by dividing by TxDOT conversion factor of 1.000150630. A parcel plat of even date herewith accompanies this property description. LSV e, R.P.L.S. February 20, 2008 gistered Professional Land Surveyor Texas Registration No. 4934 ~F l Carter Burgoss Inc. 0P STC 7950 Eimbrook Dr Dallas, Texas 75429 ' VE GARY S. DRO 214-638-0145 . ,p 4934 `y9~O'~~'SS~ ~•~~O SUP, EXHIBIT "A" PAGE 3 OF 3 st 1 + + ' TACO BELL ADDITION ti 0 0 ^ CAB. G, SLIDE 144 + ' 1 P. R. D. C. T. J tit a' 4 TACO BELL OF AMERICA, INC. P. O. C. u a t C. C. ti, 98-0076899 ! i S v € t(S.W. BELL ESMT. - VOL. 1104, PG. 192)1 1 ( € ~ ' t INGRESS / EGRESS ESMT. + 1 I..... , u,. 1 (COUNTY ESMT. - VOA 051S B. KW -SURVEY NO. Wt ! ; c~1 ys i „1 ice, I $1 I ,-t4 1 t... .........cr.. ;T ot- C~~ E °1 t 1 e 4s~ s cm t t i... ^ J~~ Oi t yI, it { vlCD wp'`'m t lilt CD -J ~ ©r # iaCi'LC¢ „¢Q Gr", P. 0. B. P [ GJ O Ly 1 jJC1i'i' 'rt~~,• j CS + l I 1F + ~ ~ ~.t z 0 ° f LEIS` BREWING COMPANY} NO1`23'41"E-~ > cd) VOL; 3347, PG. 0073 € 35; 82' 1j, I D. R. D. C. T. ` "X~' iCUT` ~ae~ 1 Ex to i y~ Ire- ca c_i r 1 l.1~►, i . Eal u- .6 25' BUILDINGNLINE'_...l.-I -%S1 rNCKR,0.K, LfN£ 'tX-'` CU V) 0 NO *1? BUT 55 3,1 T -S89e26'39"W 1170 00` l THE CITY OF ~--•--~jt' ^T COLONY U £XISTfNG R. 0. Jf: L IN£ RIGHT OF WAY DEDICATION ' THE CITY OF THE COLONY C.C.#I 93-0083612 RIGHT OF WAY DEDICATION j'"' D. R. D. C. T. I to C. C. MI 94-50962 Jl l s- a 6 o Y r? F2 a ALL BEARINGS ARE ON THE TEXAS STATE PL NE COORDINATE SYSTEM, NAD. 83 (1993 Od1.SI ! 1 E r.l O NORTH CENTRAL ZONE, AL DI (S AND ( 1 ( y COORDINATES SHOWN ARE ~RF Ea a$ MAY {Y. J i BE CONVERTED TO CRIB BY DIVIDEND BY Tx(FOT i (f . 1 CONVERSION FACTOR OF 1.000150630. EEEE LEGEND 0 F T EXISTING RIGHT OF NAY LENS Y ORAPNIC SCALE ~•`CiG~~xRF PROPERTY LINE COUNTY LINE 111 O' 25' 50' SURVEY CONTROL OF LINE ACCESS LINE GARY S. VEDRO SURVEY FENCE LIKE -'"'-x A PLAT OF A SURVEY OF . LIMITS x- ~ Cp ~4' O CITY Lmrrs 1 , 382 S, F. TRACT OF LAND 4934 - OF IN THE B. B. B AND C. R. R. SURVEY EASEMENTS _ v RAILROABABSTRACT NUMBER 173 S U R STRUCTURE AND BEING PART OF LOT 1 0' (AOONNTROOD UNILESSBOTHERWISE NOTED A 5l8 EN`"OF THE CARLISLE COLONY ADD I T I ON 'NO. 1 CITY OF THE COLONY lee s~t3~ixtlmgy be~reploced and with ooTtlt Type'UfRlghtr4~ ICIng DENTON COUNTY, TEXAS kwRei upon sarE atien of the dE construction pprrooject DESCRlPTr AT EVEN SURVEY DATE HEREWITH or retained a yis~ Professional Land Surveyor, A GAL AccnuPANIES Imrs PLAT. under- the awvIslon either employed toyad or retalRed b by Mot, C. S. J. 1567-02-030 EAi3TRTT "A" COUNTY: DENTON Page 1 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 2567-02-030 Description for Parcel 59 Being a 585 square foot tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, in the City of The Colony, Denton County, Texas, and being a portion of Lot 2, Block 1 of The Final Plat of Murchison Addition, an addition to the city of The Colony as recorded in Cabinet F, Slide 362 and conveyed to Dallas Convenience Stores Inc., recorded in County Clerk's File No. 05-1342, Deed Records, Denton County, Texas. Said 585 square foot tract being more particularly described by metes and bounds as follows: COMMENCING at a Texas Department of Transportation Highway Monument No. 423-03 found on the existing median of Farm to Market (F.M.) No. 423 (a variable width right-of- way) as conveyed to the State of Texas by deed recorded in Volume 1108, Page 320, Deed Records, Denton County, Texas, THENCE South 09 Degrees 11 Minutes 24 Seconds West, over and across said F.M. 423, a distance of 304.78 feet to the POINT OF BEGINNING at the northeast corner of said Dallas Convenience Stores tract and the common southeast corner of a tract of land conveyed to Rafael Bega and Ruth Bega by deed recorded in County Clerk's File No. 05- 104887,. Deed Records, Denton County, Texas, being on the west right-of-way line of said F.M. No. 423 from which a 5/8 Inch iron rod found bears South 76 Degrees 36 Minutes 42 Seconds West, a distance of 0.44 feet; (1) THENCE South 00 Degrees 18 Minutes 19 Seconds East, along the east line of said Dallas Convenience Stores tract and the common west Right-of-way line of said F.M. 423, a distance of 174.13 feet to a point on the southeast comer of said Dallas Convenience Stores tract and the common northeast line of a tract of land conveyed to H.K. Jin, Inc. by deed recorded in County Clerk's File No. 00-0094646, Deed Records, Denton County, Texas; (2) THENCE South 89 degrees 34 Minutes 25 Seconds West, along the south line of said Dallas Convenience Stores tract and the common north line of said H.K. Jin tract, a distance of 6.45 feet to an "X" Cut set for comer and being the beginning of a non-tangent curve to the right; THENCE over and across said Dallas Convenience Stores tract, the following courses and distances: (3) THENCE along said non-tangent curve to the right, having a radius of 5,807.57 feet, a delta angle of 00 Degrees 16 Minutes 01 Seconds, along chord that bears North 01 Degrees 15 Minutes 40 Seconds East, a distance of 27.07 feet and an arc distance of 27.07 feet to a 518 inch iron rod with an aluminum cap stamped "TxDOT" set** for comer; EXMBIT "A" COUNTY: DENTON Page 2 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 1567-02-030 Description for Parcel 59 (4) THENCE North 01 Degrees 55 Minutes 08 Seconds East, a distance of 147.19 feet to the POINT OF BEGINNING and containing 585 square feet of land more or less. The Monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type 11 right-of-way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Basis of Bearings is based on the Texas State Plane Coordinate System, NAD 83 (1993 Adj.) North Central Zone, all distances and coordinates shown are surface and may be converted to grid by dividing by TxDOT conversion factor of 1.000150630. A parcel plat of even date herewith accompanies this property description. S. dro, R.P.L.S. February 20, 2008 egistered Professional Land Surveyor Texas Registration No. 4934 Carter Burgess Inc. OF T 7950 Elmbrook Dr ST Ej - Dallas, Texas 75429 214-638-0145 GARY S. VEDRO 4934 ~-~;~o Fess\ SUR EXHIBIT "A" PAGE 3 OF 3 ° ° w~,». tilon, 423-r3 LU a I E I t Plo.C. on Nc Wa ~Q scara ui , U w ~ x _j m _ q jj 16 o a O0j . 1 I if ~T~` po~p0• s O i IL et ,,.h.u.:. M.».s..-nwy d .C U t!i J ..f c ' ~4, c J I~ ~''wcuu»..u.u y' CITY OF i i I : 1. 1 1 N I ;gym i M !w e7 of { y I-' i J L]r i ! I M.. J ! ! ..z i I I f .•w i''1 Liz S 1>'~'~ U I w• Z d=o ;Ua ivY 1 L Mf I t ,•Q i L • r O#. w~ l I~M I.a ~ 1• z ` Zf~7ls ¢ C3 1c~'A i i N t~o f 1 ? I I• a...Iitt1~L]-O.J.rNC) 4~n i i ~Q i t LL: J s a~ cc w m L M.. E i 6 cC o I ° Q t3 a znj W~ fY_ Lt t j,., .E 1~.. f~ X d am _j LLJ c) i ; } I i 1 Lw-•-a U) w > a N D m 00`1601" 4 f t f 1 1w L 1 CH - N01" 15'40"E o f w~ 1 L 1-- ' r». : 127. cif ss s. F w j9h/ C> ACCESS, ©RAINAGE ANDyfITY rs-m . I wQ t p I CAB. F, SLIDE 362 CUT ,,,o I a ACCESS, DRAINAGE AND UTILITY ESMT. CAB, »YftRwi ro- F.;,,,~ SB 3425"W € 1 FFF S N S § _ 1 r ..,,...,u»,....~ f r-.........._..»,_ 0. ( I vw.,w,u.wwti~ r Q t ._j irk 4 t I~ 5 I 1 1 I s C> ~c~r 9 z l r. L,.. gg ' N t CC ' 1 tY I s6 R ALL BEARINGS ARE ON THE TEXAS STATE PLANE Y i+,y4 I I COORDINATE SYSTEM, HAD. 83 (1993 cdj.) NORTH CENTRAL ZONE ALL DISTANCES AND S V h I ` COORDINATES SHOWN ARE SURFACE AND MAY j j . CVG BE CONVERTED TO GRID BY DIVIDING BY TXDOT , » 1 I IV ' i CONVERSION FACTOR OF {.000150630. • s LEGEND rr y EXISTING RIGHT OF WAY LINE ~L•O» TF PROPERTY L[NE GRAPHIC SCALE ~'~GYSrEmmq COUNTY LINE • CONTROL OF ACCESS LINE 0' 26, S0' _ SURVEY LINE GARYS. VEDRO FENCE LINE -x X- A PLAT OF A SURVEY OF CITY LIMITS 585 S. F. TRACT OF LAND r"•:°~ 4~~4 EASEMENTS IN THE B, B. B. & C. R. R. SURVEY v b RA ELROAp a` • o STRUCTURE ABSTRACT NUMBER 173 0 $~j R~1 OTHERWT 00 TOP A 6i9-INCH AND -BEING PART OF LOT 1 BLOCK 1 TxwT ALUMINUM DISK INN ROD UNLESS OF THE MUCHISON ADDITION xr The Monment described and set In this coil, if destroyed during CITY OF THE COLONY construction, Nay be replaced with a Txiiot Type ii. Right of Way DENTON COUNTY, TEXAS ~e Marker upon oalpietion of the hioi•rvoy construction projeot wider the supervision of a Registered Professional Land Surveyor, cat OESCRt AW AT EVEN SURVEY DATE HEREWITH eifher employed or retained by TxDot. ACCOARANZES rINS PLAT. PARCEL 59 C.S.J.: 1567-02-030 EXMBIT "A" COUNTY: DENTON Page I of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 1567-02-030 Description for Parcel 61 Being a 1,217 square foot tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, in the City of The Colony, Denton County, Texas and being a portion Lot 3, Block 1 of the Murchison Addition recorded in Cabinet F, Slide 362 of the Plat Records of Denton County, Texas, and conveyed to H. K. Jin, Inc., recorded in County Clerk's File No. 00-0094646 of the Deed Records, Denton County, Texas. Said 1,217 square foot tract being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch capped iron rod found for the southwest corner of said Lot 3, being the common southeast corner of Lot 1, Block 1 of the Kwik Kar Addition, an addition to the city of The Colony recorded in Cabinet P, Slide 167, Plat records, Denton County, Texas, and being on the north line of a tract of land described in deed to The City of the Colony, recorded in Volume 1833, Page 651 of the Deed Records of Denton County, Texas; THENCE North 89 Degrees 38 Minutes 30 Seconds East, along the south line of said Lot 3, and the common north line of said City of the Colony tract, a distance of 146.14 feet to a 5t8 Inch iron rod with an aluminum cap stamped "TxDOT" set** for the POINT OF BEGINNING; THENCE departing said common line, over and across said Lot 3, the foliowi_ng courses and distances: (1) THENCE North 06 Degrees 22 Minutes 38 Seconds West, a distance of 30.79 feet to a 5/8 inch iron rod with an aluminum cap stamped "TxDOT" set** for the beginning of a non-tangent curve to the right; (2) THENCE along said non-tangent curve to the right, having a radius of 5,807.57 feet, a delta angle of 01 Degrees 18 Minutes 54 Seconds, a long chord that bears North 00 Degrees 28 Minutes 13 Seconds East, a distance of 133.30 feet, and an are distance of 133.30 feet to an "X" Cut set for corner on the north line of said Lot 3, being the common south line of a tract of land described in deed to Dallas Convenience Stores, Inc., recorded in County Clerk's File No. 05-1342 of the Deed Records of Denton County, Texas; EXHIBIT "A" COUNTY: DENTON Page 2 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CS7: 1567-02-030 Description for Parcel 61 (3) THENCE North 89 Degrees 34 Minutes 25 Seconds East, along the north line of said Lot 3, and the common south line of said Dallas Convenience Stores tract, a distance of 6.45 feet to a point for the northeast corner of said Lot 3, and the common southeast comer of said Dallas Convenience Stores tract, said point also being on the west right-of-way line of Farm to Market (F.M) No. 423 (a variable width right-of-way) as conveyed to the State of Texas recorded in Volume 1108, Page 320 of the Deed Records of Denton County, Texas; (4) THENCE South 00 Degrees 18 Minutes 19 Seconds East, along the east line of said Lot 3 and the west right-of-way line of F.M. No. 423, a distance of 163.91 feet to a point for the southeast corner of said Lot 3, and the common northwest corner of a right-of-way dedication recorded in Cabinet T, Slide 9 of the Plat Records of Denton County, Texas; (5) THENCE South 89 Degrees 38 Minutes 29 Seconds West, along the south line of said Lot 3, and the common north line of said right-of-way dedication, a distance of 5.00 feet to the POINT OF BEGINNING and containing 1,217 square feet of land, more or less. * The Monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type 11 Right-of-Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Basis of Bearings is based on the Texas State Plane Coordinate System, NAD 83 (1993 Adj.) North Central Zane, all distances and coordinates shown are surface and may be converted to grid by dividing by TxDOT conversion factor of 1.000150630. A parcel plat of even date herewith accompanies this property description. S. Ve , R.P.L.S. February 20, 2008 g€stered Professional Land Surveyor Texas Registration No. 4934 OF T Carter Burgess Inc. P~ • G~ 7950 Eimbrook Dr Ui :'4F` FC> ~tS~ Dallas, Texas 75429 . 214-638-0145 GARY S. VEDRO S4 FINAL PLAT EXHIBIT "AN MURCH I SON ADDITION DALLAS CONVENIENCE PAGE 3 OF 3 CAB. F, SLIDE 362 STORES INC. Na ° 34' 25°E p.p.-I1. C.~ C. C. x: 05-139 FLIL ACCESS, DRAINAGE AND E3TILi T. 0'R.' t t 6. 45'j ( t H C':'00 i'c' f • Itj CAB. F SLIDE 362 ccq i KFC WS. PROPERTIES, INC. „X„ DTg XM I .C. 03-0005783 D. R. D. C. T. for ~ O ~ 4•- 0.+_._I ; ( ~ , 4 ,~t ~ "'r • ~ N ~ N m s.---r B.:Bs SURVEY 0 co "W "S~ d i 4 ',ABSTRACT NO. 173 r-" ' irk Z~ i...r. )k ~ I > Q"pI ! ; ~ra''~ n _L:~,,i„s JC3 ~ ~G1~►'i o c.i 'v,~~b' ~ ~ ° ~ 01 ~ t REPEAT FOR c~ `n ci <c ~ ca fig u 0~ 1 W N SOUTHCOLONY 8 R = 5,so7.57 X I~t RETAIL CENTER I ~~w~" t!1 u" D ; = 01 ° 18'54" i r Z tea CAB, G, SLIDE 369 :16 (3 ( ~.Q i iL1.. r4 V CH; =y ND °2$ 13' El P. Rr Dr Cr Tr tiV w c ( ~ 6 I w Q o ze 40 tL f~:l _ is °1'3 "30' ` o ti w Lf rr\ I U ; ` o ~~C 0 xQ I-- x ~ I s` ¢ t .j a v i I C4 Q : , C? f 4J ' * i I.°t Q ~o N06 t Iz TCBY OF TEXAS, INC. y ti ° 22' 38"W 0 0 ` t "CIRF ° 30.79' ( ? i© VOL. 2717, PG. 0621 r taco D. R. D. C. T. "I rh I I i X89° 38'129"W tt 5.0011 t ' ALL BEARINGS ARE ON THE TEXAS STATE PLANE ; y 3 COORDINATE SYSTEH, NAD. 85 11993 adj.) THE CITY OF THE COLONY-,- ' - r STATE bF TEXASI 't h NORTH CENTRAL ZONE, ALL DISTANCES AND VOL. FIRE LANE ESMT. t 1 •t I COORDINATES SHOWN ARE SURFACE AND MAY 1833 PG. 651OL' D. R3 b. C. T~ 8 E D. R. D. G. T. CAB. T, SLIDE 9 BE CONVERTED 70 GRID BY DIVIDING BY TxD07 L'' j t~{ ` - "-1 CONVERSION FACTOR OF 1.000150630. CAB. T, SLIDE 9 LEGEND P. R. D. G. T. 0 F T EXISTING RIGHT OF WAY LINE Z OC Gisr R PROPERTY LINE- GRAPHIC SCALE ~~'Q ~ Lip . J1 COUNTY LINE ,j O> CONTROL OF ACCESS LINE 0• ' 25• 50, • . SURVEY LINE - GARY S. VEDRO FENCE LINE -X-X- CITY LIMITS A PLAT OF Ap SURVEY OF r~ fg flp A934 EASEUENTS Q~ - - - 1,217 i J. F° TRACT OF LAND Y SSI~ STRUCURE IN THE B. B.B. & C.R.R. SURVEY 3 0• TxDOT ALUMINUM DISK SET ON TOP OF A 5/8-INCH ABSTRACT NUMBER 173 IRON ROD UNLESS OTHERWISE NOTED AND BEING PART OF LOT 3 BLOCK 1 xs the 14voent described and set In this tali, If destroyed Airing OF THE MURCH I SON ADDITION G Yorker won cowtettionof the nitwith a Mat ygm *ansirual 11 prgW Hay CITY OF THE COLONY under tre suDervlston of a Regiatered Professional Laid surveyor, DENTON COUNTY, TEXAS LE L aESCRIPr AT eveH stutter Hare tAaewtrH either employed or retained by Txpot. ACCLWPAHIES THIS PLAT. PARCEL. 61 C. S.J.: 1567-02-030