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Home My WebLink About2007-084ORDINANCE NO. a0O17-Q0 `7- AN ORDINANCE ABANDONING AND VACATING A PUBLIC UTILITY EASEMENT FROM CARROLLTON INVESTMENT COMPANY TO CITY OF DENTON RECORDED IN VOLUME 575, PAGE 149 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN THE M. YOACHUM SURVEY, ABSTRACT NO. 1442; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the underlying fee simple owner, Maple Leaf Homes of the Oaks, Ltd., for the abandonment of a 0.34 acre public utility easement, all being particularly described and depicted in Exhibit "A" attached hereto and made a part hereof by reference (the "Abandonment Area"); and, WHEREAS, staff has reviewed the requested abandonment of the Abandoned Area and has recommended approval; and, WHEREAS, the City Council of the City of Denton, Texas has determined that the Abandoned Area and it is in the public interest to abandon the Abandonment Area and the City's interest therein to the underlying fee owner, and, 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. The Abandonment Area in hereby permanently abandoned with all of the City's right, title and interests being quit claimed to the Owner. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment and quit claim. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / k day of 2007 PERK cNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO.LEGAL FORM: EDWIN M. SNY CITY ATTORNEY BY: Page 2 EXHIBIT A 15' CITY OF DENTON ELECTRICAL RIGHT-OF-WAY EASEMENT FIELD NOTES to all that certain tract of land situated in the M. Yoachum. Survey Abstract Number 144Z in the City and County of Denton Texas and being a Part of the called 11.41 acre Tract 1 described n the deed from Donal! C. Schmidt eLrnr. to Maple Leaf Homes of Ridgamont, LTD recorded in Volume 5197 Page 1558 of the Real Property Records of Demon County, Texas, and a Part Of that certain tract described in the deed from Billy Joe and Nellie E. Martin to John Tyssetand. recorded in Volume 068 Page 512 of the Deed Records of Denton County, Texas the subject easement being Previously granted as 15 feet in width, from Carrot ttOn Investmera Company to the City of Denton retorted in Vahan 575 Page 149 of the Deed follows; of Denton County, Texas the subject easement being �e P redesurbtd as BEGINNING for the Southeast comer of the easement being described herein at a 12' iron rod found for the Southwest comer of said Tract It described In said Maple Leaf Homes deed and being on the East line of said Tysseland tract; THENCE North 80 degrees 24 minutes 00 seconds West with the South line of said 15 foot easement a distance of 15.29 feet to the Southwest comer of sold easement. THENCE North 01 degrees 52 minutes 15 seconds West with the West line of said easement a distance of 982.85 feet to the Northwest comer of said easement, THENCE North 85 degrees 09 minutes 00 seconds East with the North line thereof a distance of 15.00 feet to the Northeast comer of said easement; THENCE South 01 degrees 52 minutes 15 seconds East with the East line of said easement a distance of 986.67 feet to the PLACE OF BEGINNING and enclosinng 0.34 acres of lard mote or less. and Umse Flald Notes Intending to described in Ws ertiely the said 15 foot easerrrerd above mentioned and recorded. These Field Notes were Prepared from an on the -ground survey made under my direction and supervision in No ember 2003. rchael J. Kea RPLS� 4158 _ Date dk•s s�vY .. LEGEND C.M.- CONTROL MONUMENT IRF = IRON ROD FOUND IRS/C - 1/2-IRON ROD SET WITH CAP = DEED OR PLAT CALL D.R.- DEED RECORDS P.R.= PLAT RECORDS M.R. - MAP RECORDS R.P.R.- REAL PROPERTY REC 0 = PROPERTY CORNER OR MONUMENT - SURVEY CORNER D.E.- DRAINAGE EASEMENT Liz= UTILITY EASEMENT D.&U.E.- DRAINAGE & UTILITY EASEMENT B.L= BUILDING LINE PROPERTY LINE ADJACENT PROP LIN — — -EASEMENT LINE -------BUILDING LINE EXHIBIT A . rsm M M 512 ox N85'09'00"E 15.00' vows wYp AesTawt "°q2 15' U.E. m2rIq MYOF DENT 1°V0NVOL 575 PG_ SaoTO BE ABAND N � N W N DD . O1 � N80'24'00"W 149 D.R. Pr0j*L* CO2759 Drown by: JPH ML RUGM aW► W, Chked by MJK Consultants in Engineering Scale: 1 = 200' and Planning 1405 A. Chepmea Rive. /2W • Ver, re Dots: 02/03/04 79299 .�...e«,• Telephone (94o)45e-7509 . eez (949)468-v8N