HomeMy WebLinkAbout2005-039ORDINANCE NO. SODS Ogg
AN ORDINANCE ABANDONING AND VACATING AN APPROXIMATE 0.992
ACRE PORTION OF THAT CERTAIN PUBLIC UTILITY EASEMENT DATED
AUGUST 13, 1991 RECORED IN VOLUME 3047, PAGE 778 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN
EFFECTIVE DATE;
WHEREAS, on December 2, 2003 the City of Denton and Denton Mayhill Road
Investors, L.P. (the "Owner") entered into an Easement Abandonment Agreement (the
"Agreement") providing for the abandonment of a portion of a public utility easement
dated August 13, 1991 recorded in volume 3047, page 778 of the Real Property Records
of Denton County, Texas (the "Public Utility Easement") upon the fulfillment of certain
conditions, said portion of the Public Utility Easement to be abandoned being
approximately 0.992 acre as more particularly described in Exhibit "A" attached hereto
and made a part hereof by reference (the "Abandoned Easement"), and
WHEREAS, all conditions precedent provided for in the Agreement have been
fulfilled, including the dedication to the City of the New Easement, the relocation of City
utilities to the New Easement, and written confirmation from all affected franchise
utilities that their facilities have been abandoned from the Abandoned Easement and
relocated to an alternative location; and
WHEREAS, the Development Review Committee of the City of Denton, Texas
reviewed the requested abandonment and recommended approval, and
WHEREAS, the Council of the City of Denton, Texas has determined that the
Abandoned Easement is no longer needed for public use, and
WHEREAS, this is abandonment meets the requirements of Chapter 272 of the
Texas Local Government Code because the abandonment is to the underlying fee owner
who has dedicated a New Easement which is equal to or greater in value than the
Abandoned Easement; 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.
SECTION 2. The Abandoned Easement is hereby permanently vacated,
abandoned, and extinguished as a public easement. This ordinance does not affect any
portions of the Public Utility Easement other than the portion described as the
Abandoned Easement herein.
SECTION 3. By reason of such abandonment and vacation the City of Denton's
property interest in the Easement shall, by operation of law, revert to the underlying fee
Page 1
owners abutting the Abandoned Easement, and the City of Denton releases any and all
claims to the use of the abandoned and vacated property as a public easement. A
certified copy of this ordinance may be recorded in the Real Property Records of Denton
County, Texas to evidence this abandonment.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval. PASSED AND APPROVED this the day of I: W U 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY�tl�
APPROVED AS TO LEG4 FORM:
HERBERT L. PROLLM MY ATTORNEY
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Page 2
EXE MII"A"
FIELD NOTES DESCRIBING AN EXISTING
UTILITY EASEMENT TO BE ABANDONED
BEING a 0.992 acre tract of land situated in the KEY, & P.R.R, CO. Survey, Abstract No. 950,
City of Denton, Denton County, Texas, and being part of a 25.74 acre tract described by deed to
Denton Mayhill Road Investors, L.P., a Texas limited partnership, as recorded in Volume 5408,
Page 2692 of the Property Records of Denton County, Texas, and being more particularly
described as follows.,
COMMENCING at a 112-inch found iron rod in the east right-of-way line of Mayhill Road (a
120-foot right-of-way), as recorded in Cabinet F, Page 125 of the Plat Records of Denton
County. Texas, said point being at the southwest end of a comer clip at the intersection of said
east right-of-way line with the south right -of --way line of Colorado Boulevard;
THENCE North 45 degrees 29 minutes 16 seconds East, along said corner clip a distance of
22.24 feet to a 1/2-inch found iron rod in the south right-of-way line of said Colorado Boulevard,
said point being on a non -tangent curve to the left having a radius of 538.17 feet, and whose
chord bears North 77 degrees 40 minutes 36 seconds East for 159.52 feet;
THENCE Northeasterly, along said south right-of-way line of Colorado Boulevard and along
said curve to the left, through a central angle of 17 degrees 02 minutes 44 seconds for an arc
distance of 160.11 feet to the POINT OF BEGINNING, said point being a radius of 538.17 feet,
and whose chord bears North 62 degrees 04 minutes 14 seconds East, a distance of 132.72 feet;
THENCE Northeasterly, continuing along said curve to the left whose, chord bears North 62
degrees 04 minutes 14 seconds East for t32.72 feet, through a central angle of 14 degrees 09
minutes 59 seconds for an arc distance of 133.06 feet to a point for comer;
THENCE South 35 degrees 06 minutes 53 seconds West, departing said south right-of-way line
of Colorado Boulevard, a distance of 255A9 feet to a point for comer;
TIIENCE South 21 degrees 40 minutes 13 seconds West, a distance of 162.19 feet to a point for
comer;
THENCE South 15 degrees 12 minutes 45 seconds West, a distance of 538.39 feet to point for
corner on the most southwesterly line of said 25.74 acre tract of land;
THENCE North 39 degrees 20 minutes 09 seconds West, along said southwesterly line, a
distance of 9.93 feet to a point for comer on the aforementioned east right-of-way line of Mayitill
Road, said point being on a non -tangent curve to the left having a radius of 910.00 feet, and
whose chord bears North 08 degrees 27 minutes 31 seconds East for 139.14 feet;
THENCE Northeasterly, along said east right-of-way line and along said curve to the left,
through a central angle of 08 degrees 46 minutes 09 seconds, an arc distance of 139.29 feet to a
point for comer;
THENCE North 04 degrees 08.minutes 10 seconds East, continuing along said east right-of-way
line, a distance of 189.66 feet to a point for comer,
THENCE North 14 degrees 44 minutes 25 seconds East, departing said east right -of --way line, a
distance of B6.50 feet to a point for corner,
THENCE North 15 degrees 04 minutes 54 seconds East, a distance of 124.49 feet to a point for
comer;
THENCE North 26 degrees 08 minutes 31 seconds East, a distance of 233.14 feet to a point for
comer;
THENCE North 33 degrees 27 minutes 07 seconds East, a distance of 83.25 feet to the POINT
OF BBGINNING AND CONTAINING 43,208 square feet or 0.992 acres of land, more or less.
The intent of this document is to describe all of the portions of Mayhill Road abandoned by City
of Denton, Texas Ordinance No. 91-122, filed for record in Volume 3047, Page 778, in the
Property Records of Denton County, Texas, that falls within the limits of the referenced 25.74
acre tract described in Volume 5408, Page 2692, Property Records of Denton County, Texas,
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