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HomeMy WebLinkAbout1998-166FILE REFERENCE FORM 98-166 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act X Other Document has been filed with the County document included with file but not Office -original Date Initials WAM F �pMAR®\DePI\IA4�r Owumvb�UNlla�[ei99�DeitaJlglwY AEeMwo�roM1dM ORDINANCE NO 9 F -- U AN ORDINANCE ABANDONING A UTILITY EASEMENT AND PARTIALLY ABANDONING A CERTAIN PORTION OF A DRAINAGE AND UTILITY EASEMENT, BOTH EASEMENTS BEING PART OF THE DENTON REGIONAL MEDICAL CENTER ADDITION AS RECORDED IN CABINET K, PAGE 356 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for abandonment of a utility easement as recorded in Clerk's File Number 94-R0077738 of the Real Property Records of Denton County, Texas, and the partial abandonment of a certain portion of a drainage and utility easement as recorded in Clerk's File Number 94-R0077739 of the Real Property Records of Denton County, Texas, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonments and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the utility easement described in Exhibit "A" and that certain portion of the drainage and utility easement described in Exhibit "B" are no longer needed for public use, and WHEREAS, that the process for determining the fair market value of the easements above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be followed in effectuating these abandonments, NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the utility easement as recorded in Clerk's File Number 94- R0077738 of the Real Property Records of Denton County, Texas and described in Exhibit "A", which m attached hereto and made a part hereof for all purposes, and that certain portion of the drainage and utility easement as recorded in Clerk's File Number 94-R0077739 of the Real Property Records of Denton County, Texas and described in Exhibit "B", which is attached hereto and made a part hereof for all purposes, both easements being recorded in Cabinet K, Page 356 of the Plat Records of Denton County, Texas and recorded in Volume 3245, Page 699 of the Real Property Records of Denton County, Texas, are permanently vacated and abandoned as public easements, to the extent described in said exhibits SECTION II That by reason of such vacation, the City of Denton's property interest in the vacated portion of said easements shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as public easements s Wur ponmem.WrsinYueWPDalnn0.rylon1l Abnddmeitdoo SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this th--OM'� day of 1998 JACK dER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY i1-."-- APPR D A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT "A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the N.E.P.& P. R.R. Co. Survey, Abstract No. 950, and being part of Lot 1R, Block 1, of the Denton Regional Medical Center Addition, an addition to the City of Denton, as recorded in Cabinet K, Page 356 of the Plat Records of Denton County, Texas, and being part of the tract conveyed to Epic Development, Inc., by deed recorded in Volume 3245, Page 699 of the Real Property Records of Denton County, Texas, and being Utility Easement Number 11, recorded as Clerk's Bile Number 94-R0077738 in the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING, at a point in the west boundary line of said Lot 1R, lying South 63` 27' 241, West, a distance of 16.59 feet, South 480 03, 41" went, a distance of 40.00 feet, North 630 57, 51" West, a distance of 750.04 feet, and North 850 59' 23" West, a distance of 291.45 feet from the intersection of the centerlines of Colorado Boulevard (an 80-foot wide right-of-way) and Mayhill Road (a 120-foot right-of-way)) THENCE Southwesterly along the west boundary line of said Lot 1R, a distanceiof 18.40 feet along a curve to the left, having a radius of 415.00 feet, a central angle of 02' 32' 26" and a chord bearing South 610 02, 29" West for a distance of 18.40 feet, to a point at the end of said curve to the left) THENCE North 290 07, 28" West, a distance of 12.08 feet to a point at the beginning of a curve to the left) THENCE Northwesterly, a distance of 34.67 feet along said curve to the left, having a radius of 192.00 feet, a central angle of 10° 20, 48" and a chord bearing North 340 17, 52" West for a distance of 34.63 feet, to a point at the end of said curve to the left) THENCE North 390 28' 161, West, a distance of 38.55 feet to a point) THENCE North 500 31' 44" East, a distance of 12.00 feet to a point) THENCE South 390 28' 16" East, a distance of 47.22 feet to a point at the beginning of a curve to the left) THENCE Southeasterly, a distance of 41.08 feet along said curve to the left, having a radius of 1056.00 feet, a central angle of 02' 13' 43" and a chord bearing South 400 35' 081, East for a distance of 41.07 feet, to the POINT OF BEGINNING and containing 1,142 square feet of land. EXHIBIT "B" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the Daniel Lambert Survey, Abstract No. 784, and being part of Lot 1R, Block 1, of the Denton Regional Medical Center Addition, an addition to the City of Denton, as recorded in Cabinet K, Page 356 of the Plat Records of Denton County, Texas, and being part of the tract conveyed to Epic Development, Inc., by deed recorded in Volume 3245, Page 699 of the Real Property Records of Denton County, Texas, and being part of an 80' Drainage and Utility Easement, recorded as Clerk's File Number 94- R0077739 in the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point at the northwest corner of said Lot iR, and being the beginning of a curve to the right; THENCE Northwesterly, a distance of 44.79 feet along said curve to the right, having a radius of 1040.00 feet, a central angle of 020 28. 03" and a chord bearing North 400 42' 18" West for a distance of 44.79 feet, to a point at the end of said curve to the right; THENCE North 390 28' 16" West, a distance of 247.00 feet to a points THENCE North 500 31, 44" East, a distance of 80.00 feet to a point; THENCE South 390 28' 16" East, a distance of 247.00 feet to a point at the beginning of a curve to the lefts THENCE Southeasterly, a distance of 41.34 feet along said curve to the left, having a radius of 960.00 feet, a central angle of 020 28, 03" and a chord bearing South 400 42, 18" East for a distance of 41.34 feet, to a point at the end of said curve to the left; THENCE South 480 03' 41" West, a distance of 80.00 feet to the POINT OF BEGINNING and containing 0.533 acres (23,205 square feet) of land.