2010-185sAour documentslordinances11Wry street easement abandonment ordinance-final.doc
ORDINANCE NO. 2010-185
AN ORDINANCE ABANDONING AND VACATING A PUBLIC UTILITY EASEMENT
FROM FRY STREET PARTNERS, LTD. TO THE CITY OF DENTON RECORDED IN
VOLUME 451, PAGE 71 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN
THE E. PULCHALSKI SURVEY, ABSTRACT NO. 996; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee simple
owner, Fry Street Partners, Ltd. ("Owner"), for the abandonment of that certain Public Utility
Easement, dated on or about October 28, 1959, from Fry Street Partners, Ltd., to the City of
Denton, Texas, County Cleric Recording Volume 451, Page 71, Deed Records, Denton County,
Texas (the "Original Easement"), INSOFAR AND ONLY INSOFAR as the Original Easement
covers and encumbers that certain 1,033 square feet of land being particularly described in
Exhibit "A" and illustrated on Exhibit "B" attached hereto and made a part hereof by reference
(the "Abandonment Area"); and,
WHEREAS, staff has reviewed the requested abandonment of the Original Easement,
INSOFAR AND ONLY INSOFAR as the Original Easement covers and encumbers the
Abandonment Area and has recommended approval; and,
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to abandon the Original Easement, INSOFAR AND ONLY INSOFAR as the
Original Easement covers and encumbers the Abandonment Area, and the City's interest therein;
and,
WHEREAS, notwithstanding any of the above, the City of Denton hereby retains and
reserves (i) any and all easements, rights and interests granted by the Original Easement, except
as and only except as the Original Easement covers and encumbers the Abandonment Area; and
(ii) any and all easement and street right-of-way interests and rights, whether conveyed by other
instruments or by plat, in which the Abandonment Area may cross and/or overlap; it being
expressly agreed and understood by Owner that the City is solely abandoning its rights granted to
it by the Original Easement, insofar and only insofar as said Original Easement covers and
encumbers the Abandonment Area; 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 same as if fully set forth in this Section 1.
SECTION 2. The Original Easement, INSOFAR AND ONLY INSOFAR as it covers
and encumbers the Abandonment Area, is hereby permanently abandoned and, subject to the
reservations made herein, all of the City's right, title and interests as conveyed to it by the
Original Easement in the Abandonment Area being released 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 release.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the J'iday of , 2010.
RK A. URRO - AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: "e
Page 2
FIELD NOTE DESCRIPTION
UTILITY EASEMENT ABANDONMENT
STATE OF TEXAS
COUNTY OF DENTON
EXHIBIT "A"
BEING a tract of land situated in the E. PUCHALSKI SURVEY, Abstract No. 996, in the City of
Denton, Denton County, Texas; and being a portion of a tract of land conveyed to FRY STREET
PARTNERS, LTD., by instrument recorded in CC#2006-57118, Deed Records of Denton County, Texas,
and being all of a tract of land conveyed to the CITY OF DENTON, by instrument recorded in
Volume 451, Page 71, Deed Records of Denton County, Texas, and being more particularly described
as follows;
COMMENCING at the intersection of the northerly right-of-way line of WEST HICKORY STREET (60
foot right-of-way) and the easterly right-of-way line of FRY STREET (60 foot right--of-way);
THENCE departing the northerly right-of-way line of said WEST HICKORY STREET and along the
easterly right-of-way line of said FRY STREET North 00 deg 24 min 17 sec East a distance of
160.00 feet to the POINT OF BEGINNING;
THENCE departing the easterly right-of-way line of said FRY STREET North 89 deg 58 min 36 sec
East a distance of 58,00 feet to a point for corner;
THENCE South 00 deg 01 min 24 sec East a distance of 85.00 feet to a point for corner;
THENCE South 89 deg 58 min 36 sec West a distance of 10,00 feet to a point for corner;
THENCE North 00 deg 01 min 24 sec West a distance of 75,00 feet to a point for corner;
THENCE South 89 deg 58 min 36 sec West a distance of 48.07 feet to a point for corner in the
easterly right-of-way line of said FRY STREET;
THENCE along the easterly right-of-way-line of said FRY STREET North 00 deg 24 min 17 sec
East a distance of 10.00 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 0.031 acres or 1,330 square feet of land, more or less.
Bearings cited herein are based on G.P.S. measurements taken during on on-the-ground survey
performed the 15th day of December, 2005.
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Winkelmann
& Associates, Inc.
CONSULTING CIVIL ENGINEERS ■ SURVEYORS
9750 N81111EST RASA DRIVE, SUITE 315 (977) 490-7090
DALLAS. TEXAS 75130 (971) 490-7099 FAX
Te.us Engineers Registration No. 89
Teas Surveyors No. IOO866-00
COPYRIGHT p 2010. Winkelmann g Assa[lales, Inc
Scale 1"=40'
Dole 04127110
Dwg. File :482011LITIL-ABDN.MG
Projecl No. : 48201.00
UTILITY EASEMENT ABANDONMENT
SHEET
E. PUCHALSKI SURVEY, ABSTRACT NO. 996 2
CITY OF DENTON OF
DENTON COUNTY, TEXAS
2
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33411DRICHMTRD AVENUE, - TE 200
HOUSTON, TEXAS 77046
EXHIBIT "B"
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D' f 0' 20' 40' I
Scol" 1•.40'
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- EUGENE HARTMAN
VOL. 887, PG. 252
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Line Table
Line #
Direction
Length
L1
N89'58'36"E
58.00'
L2
S89'58'36"W
10.00'
L3
S89'58'36"W
48.07'
L4
NO'24'17"E
10.00'
NI 12 ~q
of IN UTILITY EASEMENT
of to (TO BE ABANDONDED)
r
Z1 I'oo VOL. 451, PG. 71
L_ _I
L2 0
FRY STREET I PORTION
PARTNERS, LTD. OPAL ESTELLE LOTT
CC# 2006-57118 I VOL. 4881, PG. 0160
S 89'58'36" W 1/2"
100.76' XCS IRF
G13 T FQ l
WEST HICKORY STREET
POINT OF
DMMENCING (60' RIGHT-OF-WAY) LEONARD JA L KEI
1
:'':L 571
Winkelmann
& Associates, Inc.
CONSULTING CIVIL ENGINEERS ■ SURVEYORS
6750 1NLLCRESf PLAZA 00"C. SUOE 315 (971) 190-7010
DALLAS. TEXAS 75130 (971) 190-70"9 FAX
Te.os Engineers Regl9l-ti; No. R9
Te.os Surveyors No 100866-00
COPYRIGHT O 1010. Winhelmonn k Associotes, Inc,
Scole 1 "=40'
Dote 04127110
Dwg. File :48201UTIL-ABDN.DWG
Project No. : 48201.00
S
UTILITY EASEMENT ABANDONMENT I
SHEET
E, PUCHALSKI SURVEY, ABSTRACT NO. 996 1
CITY OF DENTON
DNNEEENRRTON COUNTY, TEXAS 2
33411DRICHMOND AVENUE UITE 200
HOUSTON, TEXAS 77046