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Home My WebLink About2004-054ORDINANCE NO. DD - AN ORDINANCE BY THE CITY OF DENTON, TEXAS ABANDONING AND VACATING ITS PUBLIC UTILITY EASEMENTS RECORDED IN VOLUME 1421, PAGE 168, AND VOLUME 2978, PAGE 915 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING IN THE POULALLIER SURVEY, ABSTRACT NUMBER 1006, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the underlying fee simple owner for the abandonment of all that certain Public Utility Easement dated May 11, 1984 and recorded in the Real Property Records of Denton County under Volume 1421, Page 168 and all that certain Tract I and Tract II Public Utility Easement dated May 1, 1991 and recorded in the Real Property Records of Denton County under Volume 2978, Page 915, said easements to be abandoned being particularly described and depicted in Exhibits "A", `B", and "C" attached hereto and made a part hereof by reference (the "Abandonment Area"); and, WHEREAS, the City Council approved Ordinance Number 2003-236 authorizing an agreement between the City of Denton and Teasley Denton CVS, L.P. for abandonment of the Abandonment Area upon relocation and acceptance by the City of utilities (the "Relocated Utilities") from the Abandonment Area to a Public Utility Easement recorded in Final Plat of Lot 1, Block A, Teasley Commons, an Addition to the City of Denton, Texas, recorded in Cabinet V, Page 136 of the Plat Records of Denton County, Texas(the "New Easement Area"); and, WHEREAS, the Relocated Utilities have been relocated to the New Easement Area with_ said utilities being accepted by the City of Denton Engineering Department; and,:., WHEREAS, the City Council hereby finds and determines that the Abandonment Area is not needed for utility easement purposes and it is in the public interest to abandon the Abandonment Area and the City's interests therein to the underlying fee owner, Teasley Denton CVS, L.P. ("Owner"); and, WHEREAS, notwithstanding any of the above, the City of Denton hereby retains all easement rights in all other easement 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, TEXAS, 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 c�/LZ day of ' , 2004. 644'1� EULINE BROCK, MAYOR ATTEST: JENNIFER WALTER\S, CITY SECRETARY BY: w APPROVED AS TO LEGAL FORM: HERBERT L—PQUTY, CITY ATTORNEY Page 2 ^ "A EXHIBIT " Ma Emil Lancaster & Associates; ..iC. Consulting Land Surveyors retail and Industrial construction surveying • land title surveys • topography 1864 North Norwood Drive, Suite E, Hurst, TX 76054 metro (817) 268-8000 fax (817) 282-2231 www.mla-survev.cwm LEGAL DESCRIPTION UTILITY EASEMENT ABANDONMENT (SEE ATTACHED EXHIBIT) ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE C. POULALLIER SURVEY, ABSTRACT NO. 1006, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL OF THAT LAND DESCRIBED IN DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 1421, PAGE 168, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. Marshall Lanca r,.6 �4873 July 23, 2003 EXHIBIT "B" Marshall Lancaster & Assoclates,lnc. Consulting Land Surveyors commercial, retail and Industrial construction surveying • land title surveys • topography . 1864 North Norwood Drive, Suite E, Hurst, TX 76054 metro (817) 268-8000 fax (817) 282-2231 www.mia-survey.com LEGAL DESCRIPTION UTILITY EASEMENT ABANDONMENT (SEE ATTACHED EXHIBIT) ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE C. POULALLIER SURVEY, ABSTRACT NO. 1006. CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL OF TRACTS 1 AND 2 OF THAT LAND DESCRIBED IN DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 2978, PAGE 915, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. Marshall Lances er, RPLS 4873 July 23, 2003 4 TO BE ABANDONED ^ �� V n T 1, UTILITY EASEMENT ' 'sDE,gMTM' TEASLEY LANE voLu E CITY OPACE TONS, RPLS ,001' E RPRDGT N7% 4'17'W IC 6210'16'23'E num PLA w •coLEMM RRS ,ao $ 89'49'28'E 181_53' _ S 89'49'26'E 205' I I S 45'26147'E 42.89' I I Ld I I Z TO BE ABANDONED 1\\ Sm I 00 TRACT 11.LOT 1. BLOCK A I 5' UTILITY EASEMENT �� \ TEASLEY COMMONS $ I I TO THE CTIY OF DEMON, \ ♦ \\ CABINET V, PAGE 136 z CV 1�1 VOLUME 2978, PAGE 915, \\ PRDCT c RPRDCI N 2159'52'E \ \ \\ = 101 ILL: 38.45'F— L- 21.17' Rm 55.70' c \ \ \\ I I N 1IT16'31'E 21.05' 8 \\` \` \\ IS ST49-25-E FIT 1 2• REM YELL W PLASRC CAP 'COLEMM RPLS 4001' DENTON INDEPENDENT SCHOOL DISTRICT VOLUME 979, PAGE 174. RPRDCT N 89'49'25'W 256.60' \ `\ 1 1 N 24'28'39'W TO BE ABANDONED 126.27' 16' UTILITY EASEMENT TO THE CITY OF DEMON, VOLUME 1421. PAGE 168 RPRDCT FD 1/2' REM 1 h w o� N TEASLEY COMMONS, LTD VOLUME 5320, PAGE 2275 RPRDCT (REMAINDER) \\11 \I la FO 1/2• REM I YELLOW PUSRC CM 1 N TDLEMM flP15 \ 1 1 ,aor \ I I L- 79.52' I 1 I 1 R- 671.77' I S 04'35'25'E 11 I M 1/2' REM 79.48' YELLOW PL nc CAP M 'X' CUT COLEMAN SURVETNNG' _ FD 1/2•REBM _ -- ACCESS EASEMENT L— ---- ___ DOCUMENT NO. 93-ROO58368 I S 88.42'12'W 492.56' )T A. BLOCK ONE R.N.W. ADDITION INET H, PAGE 338, PRDCT S 01'09'21"E I'I FOv1/2• 42.24' III FEW I I PL STIC WW III CO EMM I I RPLS 4001' MAR ... L ••� STEti '... I I I — — — — — — - 0 73 �e•,p� O%j II I I NOTES ----- M 1/2' REM RED 1. THE BASIS OF BEARINGS FOR THIS EXHIBIT IS THE EAST LINE OF LOT I, BLOCK A, TEASLEY COMMONS. PLASTIC CAP 'KERN 415B2' SHOWN THEREON AS: S 01'04'17'E 2. EASEMENTS, EXISTING UTILITIES AND OTHER IMPROVEMENTS EXIST BUT ME NOT SHOWN ON THIS EXHIBIT. 3. THE PURPOSE OF THIS EXHIBIT IS TO SHOW THE ABANDONMENT OF UTILITY EASEMENTS IN VOLUME 2978, PACE 915. AND VOLUME 1421, PACE 168. RPROCT. SEE ATTACHED LEGAL DESCRIPTIONS. LEGEND Job No: 03038A Date: 07/23/2003 • ... 1/2 INCH REBM Drawn By. JLR Checked By. MLL WITH ALUMINUM CAP STAMPED'MLA MARSHALL LANCASTER & ASSOCIATES, INC. RPLS 4873' CONSULTING LAND SURVEYORS UNLESS NOTED Z 1864 NORTH NORWOOD DRIVE, SUITE E OTHERWISE HURST, TEXAS 76054