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Home My WebLink About2007-082S:\Our Documents\0rdinances\07\Quick Trip Abandonment Ord.doc ORDINANCE NO. ;�qff ` -- iOO AN ORDINANCE AUTHORIZING AN AGREEMENT FOR ABANDONING AND VACATING A 0.433 ACRE PUBLIC UTILITY EASEMENT AS ESTABLISHED BY ORDINANCE 91-122 RECORDED IN VOLUME 3047 PAGE 778, DEED RECORDS OF DENTON COUNTY, TEXAS, IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Easement Abandonment Agreement between the City of Denton and QuikTrip Corporation in substantially the form of the agreement attached hereto and made part of the ordinance for all purposes (the "Agreement") is hereby approved. The City shall abandon that portion of the Existing Easement upon completion of the modification of the existing Denton Municipal Electric facilities and payment of the consideration set forth above. The City Manager, or his designee, is authorized to execute and deliver to Landowners a document in recordable form upon the fulfillment of the above conditions. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement on behalf of the City. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /qtkdayof 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EASEMENT ABANDONMENT AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and QuikTrip Corporation (the "Landowner"). WHEREAS, the Landowner has made application requesting abandonment of a Public Utility Easement created by Ordinance 91-122, dated August 13, 1991 and recorded in the Real Property Records of Denton County under Volume 3047, Page 778, described in Exhibit "A" and illustrated in Exhibit `B" attached hereto and made a part hereof, referred to as the "Existing Easement"; and WHEREAS, the Landowner has dedicated a Public Utility Easement, recorded in Final Plat of Mayhill Denton Addition Lot 2, an Addition to the City of Denton, Texas, recorded in Cabinet X, Page 466 of the Plat Records of Denton County, Texas (the New Easement); and WHEREAS, the Landowner has agreed to relocate all existing utilities currently located in the Existing Easements to the New Easement; and WHEREAS, the City agrees to abandon the Existing Easements upon relocation and acceptance by the City of the relocated utilities to the New Easement WHEREAS, notwithstanding any of the above, the City of Denton hereby retains all easement and street right-of-way rights in all other easement and street right-of-way tracts, whether conveyed by other instruments or by plat, in which the easement tracts described for abandonment herein cross and or overlap; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and the Landowners hereby agree as follows: 1. The City shall abandon the Existing Easement upon completion of relocation and removal of the existing utilities from the Existing Easement to the New Easement. The relocated utilities shall be inspected and accepted by the City prior to the City's abandonment of the Existing Easement. 2. The Landowner shall provide to the City written confirmation that all franchise utilities have been relocated and removed from the Existing Easements. 3. The City Council of the City and the Landowner have duly authorized this Agreement and the execution of same by the officers or agents who have signed below on their behalf. In Witness Whereof, this Agreement has been executed by the parties to be effective this the 3 6 )- " , day of t' &r c.t-\ 2007. CITY OF DENTON By: GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWINTTORNEY BY: v QUIKTRIP CORPORATION BY: MIKE CAREY, REAL E ATE M NAGER C:\Documents and Settings\mcarey\Local Settings\Temporary Internet Files\OLK6C\4 - QuilsTrip Easement Abandonment Agreement.doc Page 2 �g more part cufajlfdcsc'nb'e&as�*f rihgand distaried of -North OF -sibiatid", )1368SI: 647"a6re, .Mayhill Recorlds, iikharo n- lus eet A, e bid the soudi t ofla-60efoot )rdinance No: `ds; said e hility he" east lin6 of EXHIBIT "A," (Page t of 2) THENCE along the northeast line of interstate Highway 35E as follows: North 30 degrees 38 minutes 46 seconds East, 13.83 feet to a one-half inch iron rod found for comer, North 81 degrees 13 minutes 12 seconds West, 17.79, feet to a one-half inch iron rod found for comer, North 80 degrees 55 minutes 19 seconds West, 28.92 feet to. a one-half inch iron rod found for comer; North 88 degrees 41 minutes 11 seconds West, 136 feet to a point for comer, said point being in the northwest line of said 60 foot wide Utility Easement reserved in old Mayhill Road; THENCE North 16 degrees 21 minutes 31 seconds East, 250.22 €eet,to the POINT OF BEGINNING and containing 18,865.square feet or 0.433 acre of land_ , ABANDONMENT, RELEASE & QUIT CLAIM THE STATE OF TEXAS, § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, QuikTrip, (the "Owner") is the owner of Lot 2 of the Mayhill — Denton Addition located in the City of Denton, Denton County, Texas and containing approximately 1.532 acres of land, being recorded by County Clerk File number 2006-0136831, Real Property Records, Denton County, Texas (the "Property"); and WHEREAS, pursuant to City Ordinance No. 2007-82, passed and approved on April 17, 2007, the Denton City Council authorized the City Manager to enter into an "Easement Abandonment Agreement', (the "Agreement') for the express purpose of an easement abandonment, The subject easement encumbered abandonment tract, being a 0.433 acre tract "the Easement' and more particularly described in "Exhibit A" and depicted by plat illustration shown on "Exhibit B", both attached herewith and made a part hereof, and, WHEREAS the City acknowledges that the conditions to the effectiveness of the abandonment and release of the Easement pursuant to Ordinance No. 2007-82 and the Agreement have been fulfilled; Now, Therefore, The City in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid by the Owner, the receipt of which is hereby acknowledged, does by these presents, abandon, release, and quit claim unto Owner, its successors and assigns, all of its right, title and interest in the Easement to the extent it encumbers the Property. This abandonment release and quit claim does not affect any right of title or interest that the city has established under another instrument. Witness my hand, this lea day of , 2007. CITY OF DE By:NTON, TEXAS �--- GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY r APPROVED AS TO LEGAL FORM: EDWIN SNYDER, CITY ATTORNEY BY: � rod f ton of the irightao f-W ay. ibiAeVF-,'xPige,,j15',.D ffitofi-:'County Dee'd'Records liyhi I I Ri:i A& is,fo 1 47 seconds East, 1u79 33 feet to a one half utch�uon 910'g0"feet - at, es 35ii iffutds:,4.0,.'gWofids;9299, feet to ... 6ng.a,curve -to'the lcjft,'haVing;-i 25"smb:6&�Eqst�9 ,2., t4_39:Mi6ii-tes, 5-.53 feet W. or, if Ma%iltzRoM, to �panj; "X" ifi- 66n'dre't-cji for`. ffi. k fib8di Deed to` W.- es 156i secowls tF ast,'�:3 6-.424tet,'61 &ngo iffife, s for comer being tri the ellatst'line oil: notes 31; seconds West �30,35 feet along s I W'd aid ` '38 es la ;q, EXHIBIT "A" (Page I of t) TflENCE along the northeast line of Interstate Highway 35E as follows: North 30 degrees 38 minutes 46 seconds East, 13.83 feet to a one-half inch iron rod found for comer, North 81 degrees 13 minutes 12 seconds West, 17.79 feet to a one-half inch iron rod found for comer, North 89 degrees 55 minutes 19 seconds West, 28.92 feet to. a one-half inch iron rod found for comer, North 88 degrees 41 minutes 11 seconds West, 136 feet to a point for corner, said point being in the northwest line of said 60 foot wide Utility Easement reserved' in old Mayhill Road; THENCE North 16 degrees 21 minutes 31 seconds Fast, 250.22 feet to the POINT OF BEGINNING and containing 18.865.square feet or 0.433 acre of land_