HomeMy WebLinkAboutResolution No. 2010-020CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE PARTIAL RELEASE OF
EASEMENT(S) FOR COLONY CORNERS ADDITION, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT A;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID RELEASE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, a Final Plat for Colony Corners Addition, recorded in Cabinet D, page 195,
of the Plat Records of Denton County, Texas designates therein an Access Easement and other
easements for the City of The Colony; and
WHEREAS, the State of Texas is acquiring right-of-way property in connection with the
F.M. 423 widening 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 Easement(s) attached
hereto; and
WHEREAS, the City Council hereby approves the Partial Release of Easement(s)
requested by the State of Texas for Parcel 55, Lot 1 of the Colony Corners Addition 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 the Partial Release of Easement(s) as
requested by the State of Texas in connection with the widening of F.M. 423 including all
exhibits thereto, which is attached hereto and incorporated herein as Exhibit A.
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 1St day of March, 2010.
ATTEST:
Christie Wilson, City Secretary,
APPROVED AS TO FORM:
Je Moor City Attorney
TM 38031.76.000
F.M. 423
Parcel 55
PARTIAL RELEASE OF EASEMENT(S)
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, a certain instrument has been executed which sets forth easements with regard to
certain properties:
1. Final Plat for Colony Corners Addition, recorded in Cabinet D, Page 195, of the Plat
Records of Denton County, Texas, which designates therein an Access Easement and other
easements as they appear on the said Final Plat of Colony Corners Addition.
WHEREAS, the State of Texas has acquired or is in the process of acquiring that certain
property described in Exhibit "A", consisting of three (3) pages, designated as Parcel 55,
which is attached hereto and incorporated herein for any and all purposes, and desires to have
the easements, including but not limited to the Access Easement and any fire lane easement,
remised, released and forever relinquished insofar as it affects or appertains to the property
described in said Exhibit "A".
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, Homer J. Rader, Jr., a married man, not joined by my spouse as this property
constitutes no part of business or residential homestead, (owner of Lot 1 of Colony
Corners Addition, recorded in Cabinet D, Page 195, Plat Records of Denton County, Texas);
Axial Investments, LLC, a Texas limited liability company, (owner of Lot 2 of Colony
Corners Addition, recorded in Cabinet D, Page 195, Plat Records of Denton County, Texas);
and The City of The Colony, Texas, a Texas municipal corporation, 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, has forever remised, released and relinquished
and by these presents do Forever Remise, Release and Relinquish that certain easement, as
created and established in the above-mentioned instrument, insofar as it affects or appertains
only to the property described in the said Exhibit "A" attached hereto.
This instrument may be executed in any number of counterparts and each and all shall be
deemed for all purposes one instrument.
1 Partial Release of Easement(s)
IN WITNESS WHEREOF, this instrument is executed on this the day of
, 2010.
Homer J. Rader, Jr.
Acknowledgment
State of Texas,
County of Dallas:
This instrument was acknowledged before me on the day o
2010, by Homer J. Rader, Jr.
Notary Public, State of Texas
(seal)
2 Partial Release of Easement(s)
IN WITNESS WHEREOF, this instrument is executed on this the day of
.2010.
Axial Investments, LLC, a Texas limited
liability company:
Sat Amaravenkata, as President
Acknowledgment
State of Texas,
County of
This instrument was acknowledged before me on the day of ,
2010, by Sat Amaravenkata, as President of Axial Investments, LLC, a Texas limited liability
company.
Notary Public, State of Texas
(seal)
3 Partial Release of Easement(s)
IN WITNESS WHEREOF, this instrument is executed on this the day of
12,,n4, , 2010.
CITY OF THE COLONY, TEXAS,
a Texas municipal corporation:
By:
Tony J sto , as City Manager
1-1
Acknowledgment
State of Texas,
County of Denton: 4'Nay
This instrument was acknowledged before me on the of
2010, by Tony Johnston, as City Manager of The City of The Colony, Texas, a municipal
corporation.
Notary Public, State of Texas
(seal) PPY;�;t,-,, Christie Neu WH=
=�-
Notary Public,
State of Texas
s< -*e V Comm. Exp.11.22.13
4 Partial Release of Easement(s)
COUNTY: DENTON
HIGHWAY: F.M. 423
ROW CSJ: 1567-02-030
EXHIBIT "A"
Description for Parcel 55
Page 1 0£ 3
February 20, 2008
Being an 8,817 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 Final Plat of Colony Corners Addition recorded in Cabinet D, Slide 195 of the Plat
Records of Denton County, Texas and being conveyed to Horner J. Rader, Jr. recorded in
County Clerk's !rile No. 93-0085259 of the Deed Records of Denton County, Texas. Said
8,817 square foot tract being more particularly described by metes and bounds as follows:
COMMENCING at a point for the Southeast corner of Lot 2 of said Colony Corners
Addition, being the common northeast corner of a tract of land conveyed in deed to
Hunsicker-Bullough, Inc., recorded in Volume 917, Page 913 of the Deed Records of
Denton County, Texas, said point also being on the west right-of-way line of Branch
Hollow Drive (a 50 foot right-of-way) recorded in Volume 11, Page 17 of the Deed
Records of Denton County, Texas, from said point an "X" cut found bears South 17
Degrees 16 Minutes 05 Seconds West, a distance of 0.20 feet;
THENCE South 89 degrees 41 Minutes 41 Seconds West, along the south line of said Lot
2, and Lot 1, and along the north line of said Hunsicker-Bullough's tract, a distance of
357.57 feet to an "X" Cut set for the POINT OF BEGINNING;
(1) THENCE South 89 Degrees 41 Minutes 41 .Seconds West, continuing along the
south line of said Lot 1, and the common north line of said Hunsicker-Bullough's
tract, a distance of 62.66 feet to a point for the southwest corner of said Lot 1, and
the common northwest corner of said Hunsicker-Bullough's tract, said point also
being the southeast corner of a tract of land described in deed to the State of Texas
recorded in Volume 1108, Page 287 of the Deed Records of Denton County,
Texas, and the common northeast corner of a tract of land described in deed to the
State of Texas, recorded in Volume 1130, Page 801 of the Deed Records of
Denton County, Texas, said point on the east right-of-way line of Farm to Market
(F.M.) No. 423;
(2) THENCE North 00 Degrees 18 Minutes 19 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 129.41 feet
to a point for the northwest corner of said Lot 1, being at the intersection of the
south right-of-way line of South Colony Boulevard (a 100 foot right-of-way) as
recorded in Volume 11, Page 17 of the Deed Records of Denton County, Texas,'
and the east right-of-way line of F.M. No. 423;
COUNTY: DENTON
HIGHWAY: F.M. 423
ROW CS3: 1567-02-030
EXHIBIT "A"
Description for Parcel 55
Page 2 of 3
February 20, 2008
(3) THENCE North 89 Degrees 28 Minutes 45 Seconds East, along the north line of
said Lot 1, and the south right-of-way line of South Colony Boulevard, a distance of
96.58 feet to a 6/8 inch iron rod with an aluminum cap stamped "TX DOT" set** for
corner;
THENCE departing said common line, over and across said Lot 1, the following courses
and distances:
(4) THENCE South 45 Degrees 26 Minutes 13 Seconds West, a distance of 43.24 feet
to an "X" Cut set for corner;
(5) THENCE South 01 Degrees 23 Minutes 41 Seconds West, a distance of 99.64 feet
to the POINT OF BEGINNING and containing 8,817 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 Il 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.
WIst
Ved � , R.P.L.S.
ered Professional Land Surveyor
Texas Registration No. 4934
Carter Burgess Inc.
7950 Elmbrook Dr
Dallas, Texas 75429
214-638-0145
February 20, 2008
GARY S. VE_ DRQ
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