HomeMy WebLinkAboutResolution No. 09-050
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 09-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE PARTIAL RELEASE OF
RECIPROCAL EASEMENTS AGREEMENT, WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT A;
AUTHORIZING THE MAYOR TO EXECUTE SAID RELEASE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on or about July 15, 1991, a Reciprocal Easement Agreement was recorded
in Volume 3020, Page 0338, County Clerk's Official Records, Denton County, Texas, executed
by JEMtex Development No. 9, Inc. and Spring Valley Joint Venture; and
WHEREAS, the City of The Colony is now the owner of the real property described as
Lot 2 in Block 1 of the Food Lion Addition, an Addition to the City of The Colony, which said
property is affected by the Reciprocal Easement Agreement; and
WHEREAS, the State of Texas is acquiring the property in connection with the FM 423
(Main Street) Project; and
WHEREAS, the State will not allow private easements to exist on lands that are to be
State owned and has requested that the City execute the Partial Release of Reciprocal Easements
Agreement attached hereto; and
WHEREAS, the City Council hereby approves the Partial Release of Reciprocal
Easements Agreement requested by the State of Texas in connection with the F.M. 423 Highway
Project and authorizes the Mayor 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 the Partial Release of Reciprocal
Easements Agreement requested by the State of Texas in connection with the F.M. 423 Highway
Project including all exhibits thereto, which is attached hereto and incorporated herein as Exhibit
A, for the purposes stated herein.
Section 2. The Mayor 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 20th day of July, 2009.
e McC rry, Mayor
ATTE T:
Christie Wilson, City Secretary,
APPROVED AS TO FORM: t
ta12 u tl,
R be E. H ger, ty At rney
(REH/cdb 07/09/09)
TM 38031.76.000
F.M. 423
PARCELS 34 AND 35
PARTIAL RELEASE OF RECIPROCAL EASEMENTS AGREEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, a certain instrument has been executed which sets forth easements, covenants, and
conditions with regard to certain contiguous properties:
Reciprocal Easements Agreement (the "REA' herein), dated July 15, 1991, executed by JEMtex
Development No. 9, Inc., a Texas corporation, as "Seller" therein, and Spring Valley Pacific Joint
Venture, a Texas joint venture, as "Purchaser" therein, being recorded in Volume 3020, Page 0338, of
the County Clerk's Official Records, Denton County, Texas.
WHEREAS, JEMtex Development No. 9, Inc., a Texas corporation, a Nevada corporation, was stated
in the REA as the owner of certain real property described as: Lot 2 in Block 1 of Food Lion Addition,
an Addition to the City of The Colony, Denton County, Texas, according to plat thereof recorded in
Cabinet H, Page 319, Plat Records, Denton County, Texas. Said real property is now owned by The
City of The Colony, a Texas municipal corporation.
WHEREAS, Spring Valley Pacific Joint Venture, a Texas joint venture, was stated in the REA as the
owner of certain real property described as: Lot 1 in Block 1 of Food Lion Addition, an Addition to the
City of The Colony, Denton County, Texas, according to plat thereof recorded in Cabinet H., Page 319,
Plat Records, Denton County, Texas. Said real property is now owned by Straiton-Housewright
Investments Metro, Ltd., a Texas limited partnership.
WHEREAS, the State of Texas has acquired or is in the process of acquiring those certain properties
described in two Exhibit "A's", consisting of a total of six (6) pages, respectively designated as Parcel
35 and Parcel 34, which are attached hereto and incorporated herein for any and all purposes, and
desires to have the said REA remised, released and forever relinquished insofar as it affects or
appertains to the property described in said Exhibit "A's".
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, The City of The Colony, a Texas municipal corporation, and Straiton-Housewright
Investments Metro, Ltd., a Texas limited-partnership, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, have forever remised, released and relinquished and by these presents do Forever
Remise, Release and Relinquish all those certain easements, covenants and/or conditions created and
established in the above-mentioned instrument insofar as it affects or appertains only to the property
described in the said two Exhibit "A"s attached hereto.
i
This instrument may be executed in any number of counterparts and each and all shall be deemed for
all purposes one instrument.
IN WITNESS WHEREOF, this instrument is executed on this the ? day of , 2009.
The City of The Colony, a Texas municipal corporation:
by: iJ AP Aal~
printed name: Dale Cheatham
title: City Manager
Acknowledgment
State of Texas,
County of Denton:
a
This instrument was acknowledged before me on the y of 2009, by
Dale Cheatham, as City Manager for The City of The Colony, Texas, a xas nicipal corporation, on
behalf of said municipal corporation.
A
A11P-ke 6V IN
ry Public, State of Texas
(seal) ,;~o1~PY.Ps~~ CHRISTIF NFU WILSON
s Notary Puti!r: State of Texas
~,,,~'srf~E+P.My commission Expires 11-22-09
c ypU11~N~
2
This instrument may be executed in any number of counterparts and each and all shall be deemed for
all purposes one instrument.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2009.
Straiton-Housewright Investments Metro, Ltd.,
a Texas limited partnership:
by: Straiton-Housewright Investments, L.L.C.,
a Texas limited liability company, its General Partner:
by: by:
J. Tipton Housewright, Manager Nancy Straiton Housewright, Manager
Acknowledgment
State of Texas,
County of Dallas:
This instrument was acknowledged before me on the day of 2009,
by J. Tipton Housewright and Nancy Straiton Housewright, Managers of Straiton-Housewright
Investments, L.L.C., a Texas limited liability company, the General Partner of Straiton-Housewright
Investments Metro, Ltd., a Texas limited partnership, on behalf of said partnership.
Notary Public, State of Texas
(seal)
3
EXMIT "An
COUNTY: DENTON Pagel of 3
HIGHWAY: F.M. 423 February 20, 2008
ROW CSJ: 1567-02-030
Description for Parcel 35
Being a 19,419 square foot tract of land situated in the S. E. Hays Survey, Abstract No.
648, in the City of The Colony, Denton County, Texas and being a portion of Lot 2, Block
1 of the Final Plat of Lot 1 and Lot 2, Block 1 of the Food Lion Addition, recorded in
Cabinet H, Slide 319 of the Plat Records of Denton County, Texas, and being conveyed to
the City of The Colony, Texas, recorded in County Clerk's File No. 98-0030722 of the
Deed Records of Denton County, Texas. Said 19,419 square foot tract being more
particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found for an interior ell corner of said Lot 2, being
the southeast corner.of Lot 1, Block 1 of said Food Lion Addition, as conveyed to Straiton-
Housewdght Investments Metro, Ltd. recorded in County Clerk's File No.06-11616 of the
Deed Records of Denton County, Texas;
THENCE South 89 Degrees 21 Minutes 17 Seconds West, along a northerly line of said
Lot 2, and the common south line of said Lot 1, a distance of 150.97 feet to an "X" Cut set
for the POINT OF BEGINNING and being the beginning of a non-tangent curve to the
right;
THENCE departing said common line, over and across said Lot 2, the following courses
and distances:
(1) THENCE along said non-tangent curve to the right, having a radius of 1979.86 feet,
a delta angle of 07 Degrees 10 Minutes 59 Seconds, a long chord that bears South
02 Degrees 42 Minutes 38 Seconds East, a distance of 248.05 feet, and an arc
distance of 248.21 feet to an "X" Cut set for comer;
(2) THENCE South 00 Degrees 52 Minutes 51 Seconds West, a distance of 70.01 feet
to an "X" Cut set for corner;
(3) THENCE South 45 Degrees 07 Minutes 56 Seconds East, a distance of 34.75 feet
to a 5/8 inch iron rod with an aluminum cap stamped "TxDOT" set'* for corner in
the south line of said Lot 2, and the common north right-of-way line of North Colony
Boulevard as conveyed in right-of-way dedication recorded-in Cabinet K, Slide 78
of the Plat Records of Denton County, Texas;
(4) THENCE South 88 Degrees 51 Minutes 16 Seconds West, along the south line of
said Lot 2, and the common north right-of-way line of North Colony Boulevard, a
distance of 79.89 feet to an "X" cut found for the southwest corner of said Lot 2,
being at the intersection of the north right-of-way line of North Colony Boulevard
and the east right-of-way line of Farm to Market (F.M.) No. 423, as conveyed to the
State of Texas recorded in Volume 1108, Page 290 of the Deed Records of Denton
County, Texas,
]EXIM IT "A"
COUNTY: DENTON' Page 2 of 3
HIGHWAY: F.M. 423 February 20, 2008
ROW CSJ: 1567-02-030
Description for Parcel 35
(5) THENCE North 00 Degrees 38 Minutes 29 Seconds West, along the west line of
said Lot 2, and the common east right-of-way line of F.M. No. 423, a distance of
343.36 feet to a point for the northwest corner of said Lot 2, being the common
southwest comer of said Lot 1;
(6) THENCE North 89 Degrees 21 Minutes 17 Seconds East, along the northerly line
of said Lot 2, and the common south line of said Lot 1, a distance of 48.44 feet to
the POINT OF BEGINNING and containing 19,419 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 II 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.
. Vedr , R.P.L.S. February 20, 2008
Wstered Professional Land Surveyor
Texas Registration No. 4934
Carter Burgess Inc. OF
7950 Eimbrook Dr . • • ' TF
Dallas, Texas 75429
214-638-0145
GARY S.VEDRO
...'..x..
4934
~ SUR F'
EXHIBIT "A„
PAGE 3 OF 3
t I { °J 1 LbT 1 t.I' !a f DRAINAGE ESMT. .
I f< I BLdCK 1 ' VOL. 2867, PG. 866
X„ CUT a,.. D. R. D. T.
t f ` ~ S8V °F""1?""W-" 1/2" 1. R. F. 1
! f ~ w w 150.97' P. 0. C. -
STRAITON-HOUSEWRIGHT
E If~'° INVESTMENTS METRO LTg
C. C. 06-11516 G+Q r1C=t'1-. ; I g
D. R. D. C. T.
co T
00 1
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I i j f 45)ONCPO #t
_ t ~.,.-.f EIT cli;. ~Clo o F I NAL PLAT
k : Q N u, LOT'`b SAND LOT 2, BLOCK 1
it 11 91
FOOD LION ADDITION
I,ia~C-) M. H9 SLIDE 319
P,
.f { l
, Slab
S { sn 1'1 CITY OF THE COLONY,. TEXAS
r1.1 f Ile C...,O 98-0030722
fey . _ b. R. D. C. T.
IIL-P qf
t , HTY OF
I , ~ j v x "Xa CUT TtE COLONY
CD LOT 2 x!'ampi .m.. 1?C:Itlp
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I{ rti
l ~~..~.$`~1_'7~.._~_~ .._~,.,...R-rOYtx ~D~-I~•CA~'IOf~ - CAB~O, 5~q .
ALL BEAR11405 ARE ON THE TEXAS STATE PLANE p
COORDINATE SYSTEM, HAD. 83 (1993 ad J.) NORTH COLONY BLVD. 140@001 R.O.~f
1!i.
NORTH CENTRAL TONE, ALL DISTANCES AND ~r p
COORDINATES SHOWN ARE SURFACE AND MAY CAB. '15, SLIDE 43 - P. R.D. C. T.
BE CONVERTED TO GRID BY DIVIDING BY TxDOT
CONVERSION FACTOR OF 1.000150630."'"""' "~~°-w"•""""•~~"""~"ppM-• r V„
LEGEND ORAPHTC SCALE
EXISTING RIGHT OF WAY LINE F
O• 16 ' 30 ' 60
PROPERTY LINE P • • • •S T ,,(~,C~~7
CONTROL L OF E ACCESS LINE III ~ ~ 4~'G~~RFO•'9it~ .
CONTRO LINE _ A PLAT OF A SURVEY OF 111
19 s 419 S. F. TRACT OF LAND
FENCE LINE -X-X- GARY S. VEDRO
CITY LIMITS IN THE S. E. 'HAYS SURVEY ~"••4~34
EASEMENTS - ABSTRACT NUMBER 648 ~`T=
RAILROAD AND BEING PART OF
STRUCTURE - 'YO • • • .
O- TXDOT ALUMINUM DISK SET ON TOP OF A 6/8- INCH LOT 2 BLOCK 1 S U I R'4
IRON ROD UNLESS OTHERWISE NOTED OF THE FOOD LION ADDITION
CITY OF THE COLONY
Ine coasiructtllolA ~nn}GG~~rr berepocedwa twin o"Txtnlost Type'11 Rdgh} of Wayy°`t"0 DENTON COUNTY, TEXAS
!!Grier %m sapletlon of the hIftV omatruction project / r
undw the su rvislon of a Registered Professlonot LMd Surveyor, ` 4 GE L DESCR TION Ar £YEN suRVEY DATE NERER7rN
either employed or retoinsd by Txib4 _ ACCOWANr£S rUfS PLAT.
PARCEL 35 C. S. J.: 1567-02-030
EXHII3T7C "A"
COUNTY: DENTON Page 1 of 3
HIGHWAY: F.M. 423 February 20, 2008
ROW CSJ: 1567-02-030
Description for Parcel 34
Being a 6,190 square foot tract of land situated in the S. E. Hays Survey, Abstract No.
648, in the City of The Colony, Denton County, Texas and being a portion of Lot 1, Block
1 of the Final Plat of Lot 1 and Lot 2, Block 1 of the Food Lion Addition, recorded in
Cabinet H, Slide 319 of the Plat Records of Denton County, Texas, as conveyed to
Stralton-Housewright Investments Metro, Ltd. recorded in County Clerk's File No.06-
11516 of the Deed Records of Denton County, Texas. Said 6,190 square foot tract being
more particularly described by metes and bounds as follows:
COMMENCING at a point for the northeast comer of said Lot 1, being the common
northwest comer of Lot 13, Block 112 of The Colony No. 31, recorded in Cabinet B, Slide
253 of the Plat Records of Denton County, Texas, said point also being in the south right-
of-way line of Chowning Circle (a 50 foot right-of-way) recorded in Cabinet B, Slide 253 of
the Plat Records of Denton County, Texas. From said point a 1/2 inch iron rod found
bears South 00 Degrees 37 Minutes 36 Seconds East, a distance of 0.34 feet;
THENCE South 89 Degrees 22 Minutes 24 Seconds West, along the north line of said Lot
1, and the south right-of-way line of Chowning Circle, a distance of 172.86 feet to a 5/8
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 1, the following courses
and distances:
(1) THENCE South 09 Degrees 16 Minutes 49 Seconds East, a distance of 60.21 feet
to an "X" Cut set for the beginning of a tangent curve to the right;
(2) THENCE along said tangent curve to the right, having a radius of 1979.86 feet, a
delta angle of 02 Degrees 58 Minutes 41 Seconds, a long chord that bears South
07 Degrees 47 Minutes 29 Seconds East, a distance of 102.90 feet, and an arc
distance of 102.91 feet to an "X" Cut set for comer in the south line of Lot 1, being
in the northerly line of Lot 2, Block 1 of said Food Lion Addition;
(3) THENCE South 89 Degrees 21 Minutes 17 Seconds West, along the south line of
said Lot 1, and the common northerly line of said Lot 2, a distance of 48.44 feet to
a point for the southwest corner of said Lot 1, and the common northwest corner of
said Lot 2, and being in the east right-of-way line of Farm to Market (F.M.) No. 423,
as conveyed to the State of Texas recorded in Volume 1108, Page 290 of the Deed
Records of Denton County, Texas;
EXHIRff "A"
COUNTY: DENTON Page 2 of 3
HIGHWAY: F.M. 423 February 20, 2008
ROW CSJ: 1567-02-030
Description for Parcel 34
(4) THENCE North 00 Degrees 38 Minutes 29 Seconds West, along the west line of
said Lot 1, and the east right-of-way line of F.M. No. 423, a distance of 161.63 feet
to a point for the northwest comer of said Lot 1, being at the intersection of the
south right-of-way line of Chowning Circle and the east right-of-way line of F.M. No.
423 as conveyed by a 10 foot right-of-way dedication recorded in Cabinet B, Slide
253 of the Plat Records of Denton County, Texas. From said point a 1/2 inch iron
rod found bears South 88 Degrees 41 Minutes 35 Seconds East, a distance of 0.39
feet;
(5) THENCE North 89 Degrees 22 Minutes 24 Seconds East, along the north line of
said Lot 1, and the south right-of-way line of Chowning Circle, a distance of 26.59
feet to the POINT OF BEGINNING and containing 6,190 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.
dry . Vedro/ P.L.S. February 20, 2008
e stered Professional Land Surveyor
Texas Registration No. 4934 OF
Carter Burgess Inc. ~PG~ STER f
7950 Eimbrook Dr
Dallas, Texas 75429 GARY S . VEORQ
214-638-0145 .
4934 a
S~
SUR
f
EXHIBIT "A"
PAGE 3 OF 3
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INVESTMENTS METRO, LTD. - T
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L17 DRAINAGE ESldT.r p
t w
I ixj" f i I a - i VOL. 2867, PG. 966
D.R. D. C. T,
< I I x CUA ` FINAL PLAT
CITY OF THE COLONY; ,kEXAS
i C. C. 98-0030722 LOT 1 AND LOT -2t BLOCK I
P Co i D. R. o.?c. T. FOOD for IPipIl ION
. .
1 Lpp 2 CAB. Hp SL I-DE 319
1 BLOCK 1 (
{ S P. Re D. C. "T. pei'aIn
ALL BEARINGS ARE ON THE TEXAS STATE PLANE '-''--7{4
COORDINATE SYSTEM, NAD. 93 (1893 Odl.)
t RGCi1 j Romp
iT3
NORTH CENTRAL ZONE. ALL DISTANCES AND
COORDINATES SHOWN ARE SURFACE AND MAY
DE CONVERTED TO GRED BY DIVIDING BY TzDOT
CONVERSION FACTOR OF 1.000150830.
LEGEND
EXISTING REOHr OF WAY LINE OF j'
PROPERTY LENS GRAPHIC SCALE Q. ,.•'•S~:'•,,F„~
COUNTY LL NE _6 '0~
CONTROL OF ACCESS LINE ~iIT--•-^~ 01 2 ~ 50 ' ~ ~ ~ ~,Q•~
SURVEY LINE .....5..
FENCE LINE ---x x- A PLAT OF A SURVEY OF GARY'S. VEDRO
CITY UNITS 6,190 S. F. TRACT OF LAND
4934
RAILRO
EALROAD NTS - IN THE S.E. HAYS SURVEY < '-.o~ 4
tier . • •
STRUCTURE ABSTRACT NUMBER 648 'gyp'' /
0 - IRTXDOT ON RALWINU~SSDISK SEISON TOPOOF A S/8-INCH AND BEING NG PART ART OF LOT 1 BLOCK I S U ?I
OF THE COLONY NO. 31 ADDITION
X; the NorLmnf described and set in this call, if destroyed during CITY OF THE COLONY
construction, may be replocsd with o Mot Type U Righf of Way DENTON COUNTY, TEXAS
Barker upon carpletton of the hiohrov crosirmflon project i
under fhe supervision of a Registered Professlm0i Land SDrveyor, A'LE L DESCRIP AF EVEM S(IRVEY DAm REREIPITK
either employed or retained by Mot. ACCCWANr£S rNrs PLA Y
- • C. S- J- 1 1567-02-030
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NreRTiYT.
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R LOT 1 AND LOT Z BLOCK 1
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~W^ NORTH COLONY 81 m PREPAREp BY: FOOD LION ADDITION
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ex.. G OODW IlV J BAV 4.173 etTes of lend 1A do
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CIVIL ENINEEn6 - PLAWMW - auV9V®M Block 114 of 74e CAIrq AW. 31, an eddi ow
JEW" DEWLDPN"T NO. 9, INC. eooT eT eur, wn IW TabT xATTn n EX" r@M m 71u Uy of 71m Calmj, Acme Cvmq, Teary
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W.rbwrq++ry.r.eTr..rrrep~ltly~rnrprrteib pt 1303 WAtHUY HLl LNG SUTE Ssp
1b®+4.plerle+rl+TYery.rer.~li.ae.tq.ll,la ~'fo`~t*e~' IRYIW,TVAAS 76489 .
OB NENOE A/arA 1991
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TM PLAT FLED IN PAM*T . SLE1E