1998-166FILE REIeERENCE FORM [ 98-166 ]
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0R INANCENO
AN ORDINANCE ABANDONING A UTILITY EASEMENT AND PARTIALLY
ABANDONING A CERTAIN PORTION OF A DRAINAGE AND UTILITY EASEMENT,
BOT. EASEMEmS BEING PART Or THE DEMON GIONAL MEDIC, 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 utlhty
easement as recorded m 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 tn Clerk's File Number 94-R0077739 of the Real Property Records of
Denton County, Texas, and
V~-IEREAS, the Planning and Zoning Comm~ssion 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 &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
SECT~ 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 is, 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 m said exhibits
~ 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 Cay of Denton releases any and all claims to
the use of the vacated portion of sa~d property as public easements
~ That this ordinance shall become effective lmmedmtely upon xts passage
and approval
PASSED AND APPROVED this th~]~ day of' ~ ,1998
JACK~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE2
EXHIBIT ~A"
ALL that ~ertain lot, tract or parcel o£ land lying and being situated
in the City and County o£ Denton, State o£ Texas, in the M.E.P.& P.
R.R. Co. Survey, Abstract No. 950, and being part o£ Lot 1R, Block 1,
of the De~ton Regional Medical Center Addition, an addition to the City
of Denton~ es 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 File Number 94-R0077738 in the
Real Property Records of Denton County, Texas, and being more
particula=ly described as follows~
BEGINNING at a point in the west boundar~ line of said Lot 1R, lying
South 63°' 27' 24" West, a distance of 16.59 feet, South 48° 03' 41"
West, a distance of 40.00 feet, North 63° 57' 51" West, a distance of
750.04 £eat, and North 85° 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) end Mayhi11 Road (a 120-foot right-o£-way)~
THENCE S0uthwesterly along the west boundary line of said Lot 1R, a
distancelo£ 18.40 feet along e curve to the left, having & radius of
415.00 feet, a central angle of 02° 32' 26" and a chord bearing South
61° 02' 2~~ West for a distance of 18.40 feet, to a point at the end of
said curVe to the lsft~
THENCE North 29° 07' 28" West, a distance of 12.08 feet to a point at
the beginning of a curve to the left~
THENCE NQrthwesterly, a distal%ce 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 34° 17' 52" West for a distance of 34.63 feet, to
a point at the end of said curve to the left~
THENCE North 39° 28' 16" West, a distance of 38.55 feet to a point~
THENCE NOrth SO° 31' 44" East, a distance of 12.00 feet to a point~
THENCE South 39° 28' 16" East, a distance of 47.22 feet to a point at
the begi~ning 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, · central angle of 02° 13' 43"
and a chord bearing South 40° 35' 08" East for a distance of 41.07 feet,
to the ~OXNT 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 Lm~hert
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 ~er 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 1R, 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 02° 28' 03"
and a chord bearing North 40° 42' 18" West for a distance of 44.79 feet,
to a point at the end of said curve to the right~
THENCE North 39° 28' 16" West, a distance of 247.00 feet to a point7
THENCE North 50° 31' 44" East, a distance of 80.00 feet to a point~
THENCE South 39° 28' 16" East, a distance of 247.00 feet to a point at
the beginning of a curve to the 1ertl
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 02° 28' 03" and
a chord bearing South 40° 42' 18" East for a distance of 41.34 feet, to
a point at the end of said curve to the left~
THENCE South 48° 03' 41" West, a distance of 80.00 feet to the POINT OF
BEGINNING and containing 0.533 acres (23,205 square feet) of 1&nd.