2013-295ORDINANCE NO. 2013 -295
AN ORDINANCE ABANDONING AND VACATING (1) THAT CERTAIN PUBLIC
UTILITY EASEMENT, GRANTED TO THE CITY OF DENTON, TEXAS BY REX C.
CAUBLE, PURSUANT TO THAT CERTAIN EASEMENT DATED DECEMBER 5, 1972,
AND RECORDED IN VOLUME 735, PAGE 515, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, INSOFAR AND ONLY INSOFAR AS SUCH EASEMENT COVERS
AND ENCUMBERS .443 ACRE OF LAND, AS DESCRIBED ON EXHIBIT "B ",
ATTACHED HERETO AND MADE A PART HEREOF (THE "EXHIBIT B
ABANDONMENT AREA "); AND (2) THAT CERTAIN PUBLIC UTILITY EASEMENT,
GRANTED TO THE CITY OF DENTON, TEXAS BY REX C. CAUBLE, PURSUANT TO
THAT CERTAIN EASEMENT, DATED DECEMBER 5, 1972, AND RECORDED IN
VOLUME 735, PAGE 517, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
INSOFAR AND ONLY INSOFAR AS SUCH EASEMENT COVERS AND ENCUMBERS
.334 ACRE OF LAND, AS DESCRIBED IN EXHIBIT "A ", ATTACHED HERETO AND
MADE A PART HEREOF (THE "EXHIBIT A ABANDONMENT AREA ") (THE
EASEMENTS DESCRIBED ABOVE ARE COLLECTIVELY REFERRED TO HEREIN AS
THE "EASEMENTS ") (THE EXHIBIT A ABANDONMENT AREA AND THE EXHIBIT B
ABANDONMENT AREA ARE COLLECTIVELY REFERRED TO HEREIN AS THE
"ABANDONMENT AREA "), SAID EASEMENTS ENCUMBERING CERTAIN LANDS
LOCATED IN THE A. WHITE SURVEY, ABSTRACT NO. 1406 AND N. WADE SURVEY,
ABSTRACT NO. 1407, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY
DESCRIBED IN THE EASEMENTS, AND GENERALLY LOCATED APPROXIMATELY
1600' NORTHWEST OF THE INTERSECTION OF NORTH ELM STREET AND LOOP 288;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, CATDENTON 35, Inc., a Texas corporation ( "Owner "), has represented to
the City of Denton that it is the underlying fee simple owner of the lands encumbered by the
Easements, insofar as they cover and encumber the Abandonment Area, and the successor in
interest to Rex C. Cauble in such lands;
WHEREAS, the Owner has requested the City of Denton to partially abandon the
Easements, insofar and only insofar as said Easements cover and encumber the Abandonment
Area;
WHEREAS, staff has reviewed the requested the partial abandonment of the Easements,
insofar and only insofar as said Easements cover and encumber the Abandonment Area, by
Owner, as provided above, and has recommended approval of such partial abandonments; and
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to partially abandon the Easements, insofar and only insofar as said Easements
cover and encumber the Abandonment Area; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in this ordinance are incorporated
herein by reference the same as if fully set forth in this Section 1,
SECTION 2. The Easements, INSOFAR AND ONLY INSOFAR as said Easements
cover and encumber the Abandonment Area, are hereby permanently abandoned and, subject to
the reservations set forth in this ordinance, all of the City's right, title and interest in the
Easements, INSOFAR AND ONLY INSOFAR as said Easements cover and encumber the
Abandonment Area, are hereby 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. Notwithstanding anything to the contrary contained in this ordinance, the
City of Denton hereby retains and reserves (i) the Easements, insofar as the Easements may
cover and encumber lands in addition to or other than the Abandonment Area; and (ii) any and
all easements, rights of way and any other rights or interests, other than the Easements, whether
acquired, obtained, owned or claimed by the City of Denton or public, by, through or under
conveyance, dedication by plat or other express dedication, implied dedication, prescription, or
by any other manner or means, in or to the Abandonment Area, and this partial abandonment and
release shall not in any way or manner, affect any other right, title and interest of the City of
Denton or public, as described above, in and to the Abandonment Area.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the [5t day of m„ ___ ,.. �' 2013,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
l
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: .
Page 2
7
ry rthur Surveying Co. I no.
Professional -Land Surveyors
P.O. Box 54 — Lewisville, Texas 75067
Office: (972) 221 -9439 — Fax: (972) 221 -4675
EXHIBIT A
16' PUBLIC UTILITY EASEMENT ABANDONMENT
0.334 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Alexander White Survey,
Abstract Number 1406 and the Nathan Wade Survey, Abstract Number 1407 in the City of
Denton, Denton County, Texas, being a part of a 16 foot wide Public Utility Easement to the City
of Denton, recorded in Volume 735, Page 517 of the Deed Records of Denton County, Texas and
being a part of that certain tract of land described by deed to Rancho Vista Development
Company, recorded in Volume 2695, Page 465 of the Deed Records of Denton County, Texas,
and being more particularly described as follows:
BEGINNING at a point for corner in the most northerly east line of said Ranch Vista
Development Company tract and being in the west line of Lot 1, Block A, Baruch Addition, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in
Cabinet P, Page 173 of the Plat Records of Denton County, Texas, said point being South 00
degrees 08 minutes 06 seconds West, a distance of 23.36 feet from the most northerly northeast
corner of said Ranch Vista Development Company tract;
THENCE South 00 degrees 08 minutes 06 seconds West, with the west line of said Lot 1, Block
A, a distance of 903.74 feet to a '/z inch iron rod found at the southwest corner of said Lot 1,
Block A;
THENCE North 89 degrees 21 minutes 54 seconds West, over, through and across said Rancho
Vista Development Company tract and with the south line of said 16 foot wide Public Utility
Easement, a distance of 16.00 feet to a point for corner;
THENCE North 00 degrees 08 minutes 06 seconds East, continuing over, through and across
said Rancho Vista Development Company tract and with the west line of said 16 foot wide Public
Utility Easement, a distance of 913.25 feet to a point for corner in the south line of a Proposed 20
foot wide Utility Easement to the City of Denton;
THENCE South 58 degrees 45 minutes 57 seconds East, with the south line of said Proposed 20
foot wide Utility Easement to the City of Denton, a distance of 18.69 feet to the POINT OF
BEGINNING, and containing 0.334 acres of land, more or less.
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Doc. No. 2009 n21 Q to the City r,5f l "1�a °tPc ro
Communication Esmt. Vol. 735 P a1�i a 100 Feet
G.T.E. Southwest Inc. ,i,,
CC/{ 94— R0024309 JV
\w 0 SCALE 1 = 100 '
Ml Bearings shown are based on the City of
Proposed 20'
\ Denton G.I.S. network.
Utility Easemerd
taa than CQ of Denton w
No Ming Into found � �. �.
Qr ci Proposed \
P
O 20' Uti
O - to the Cit y of Denton
LINE ..TABLE
. .................w .._.................... -.
LINE BEARING DISTANCE
,.
z 16' Public .... L1....... N89'21'54 "W 16.00'
H
�tlht� E�Selillemt „_. ..L3 _m.� S00 '4.9'.5 � F �..18 36
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09'06 °W 23 36
.,
y L4 N00 05 01 E 12.16
A I M i Abandonment
0 Vol. 735, Pg. 517
0,334 Acres
1127 R. F �q
O O ,'
o o Lot 1, Block A
000 Baruch Addition
Z Cabinet P, Pale 173 IKP
4
Proposed 20' tt �r t ti���xf utTMf,
Temporary Const.�� tr Itfttp
Easement
EXHIBIT A
c:f t
f�Ide Survey A-1406 R�L2�
� .Rr. 1121.RF� � a n � � n .Ac C7 N, !�radn ,as way A- 1�Ytf7
tappTroxfmatn #aacaaPAarr
Plro,aosrd 16 in the
rani aiy 'Sewer Alexander White Survey, Ab t. No. 14,0
.. t;TenTeart
; ' t
City Denton
nton
l6' Purla WHIR
t snt. - ( 7 5A 61) Benton County, Texas a
Aaondarwd by ,oaante Ist ,. 2012 Raeo Vista 1e'ei��luent o'ni111�"
Volume 2695, Page 465
µ1 °yet +
Profes.Siornd Land Surveyons
Caned .865 Acre
97?-221 -94.39 — F', :x 972..221-167.6
(78.61 S Acres reirtainder 220 fihii Strwror.tr Suile, 2190 — P.O. B4!?x .54
Lewisville, 1'exats 7:�"wrl67
. ,,.... ...... ... —
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rthur Surveying Co. Inc.
Professional Land Surveyors
P.O. Box 54 — Lewisville, Texas 75067
Office: (972) 221 -9439 — Fax: (972) 221 -4675
Course: S 00 -08 -06 W
Course: N 89 -21 -54 W
Course: N 00 -08 -06 E
Course: S 58 -45 -57 E
Perimeter: 1851.675
Distance: 903.738
Distance: 16.001
Distance: 913.250
Distance: 18.686
Area: 14535.899 0.334 acres
Mapcheck Closure - (Uses listed courses & COGO Units)
Error of Closure: 0.0001 Course: N 30 -03 -19 E
Precision 1:21179655.59
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rthur Surveying Co. Inc.
Professional I-and Suz- veyors
P.O. Box 54 — Lewisville, Texas 75067
Office: (972) 221 -9439 — Fax: (972) 221 -4675
EXHIBIT B
16' PUBLIC UTILITY EASEMENT ABANDONMENT
0.443 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Nathan Wade Survey, Abstract
Number 1407 in the City of Denton, Denton County, Texas, being a part of a 16 foot wide Public
Utility Easement to the City of Denton, recorded in Volume 735, Page 515 of the Deed Records
of Denton County, Texas and being a part of that certain tract of land described by deed to
Rancho Vista Development Company, recorded in Volume 2695, Page 465 of the Deed Records
of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a '/2 inch iron rod found for the southwest corner of Lot 1, Block A, Baruch
Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof
recorded in Cabinet P, Page 173 of the Plat Records of Denton County, Texas, said point being an
inner ell corner of said Rancho Vista Development Company tract;
THENCE South 24 degrees 57 minutes 40 seconds East, with the northeast line of said 16 foot
wide Public Utility Easement and over, through and across said Ranch Vista Development
Company tract, a distance of 1206.05 feet to a point for corner in the north line of Loop 288, a
public roadway, said point being also being the beginning of a non - tangent curve to the right
having a radius of 5608.74 feet;
THENCE continuing with said Loop 288 and said curve an arc length of 17.02 feet, having a
delta angle of 00 degrees 10 minutes 26 seconds, whose chord bears South 84 degrees 59 minutes
50 seconds West, a distance of 17.02 feet to a point for corner and being in the southwest line of
said 16 foot wide Public Utility Easement to the City of Denton;
THENCE North 24 degrees 57 minutes 40 seconds West, over, through and across said Rancho
Vista Development Company tract and with the southwest line of said 16 foot wide Public Utility
Easement, a distance of 1203.81 feet to a point for corner;
THENCE North 00 degrees 08 minutes 06 seconds East, with the west line of said 16 foot wide
Public Utility Easement and continuing over, through and across said Rancho Vista Development
Company tract, a distance of 3.70 feet to a point for corner;
THENCE South 89 degrees 21 minutes 54 seconds East, continuing over, through and across
said Rancho Vista Development Company tract, a distance of 16.00 feet to the POINT OF
BEGINNING, and containing 0.443 acres of land, more or less. t
�r k,
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0
Lot 1, Block A NORTH
Baruch Addition i0o 0 100 Feet
Cabinet P, Page 173
SCALE 1 100
Pmposs „d
20' t1.bt C Utflity Bearings shown are based on the City of
P (0 2 Denton G.I.S. network.
approximate IoaiA. White Survey A- 1 406 fe. S89'21'54"E 464.39' X”)
N. Wade Survey A-1407 �:7
LINE TABLE . .........
LINE bEkR-ING DISTANCE
L, Nnn*nA'nr,"F 3.70'
-L2 16.00'
Pr apo sod \\A\
20' Temp Const.
Proposed
16' Sanitary Sewer
Easement
Rancho Vista I)eVeloptylefit ("loinpany
V01111-ne 26959, Pagr 4-65 'V\
11 race One
Ciled 78,865 Acres L\
16' Public Utifi t-y''Easernent
(78.�)ia 5 Acres — remaitider)
ABANDONMI.INT
Vol. 7351 Pg. 515
A
0.443 Acres
4
LA it
EXHIBIT B
16 Public Utility Easement
ABANDONMENT
0.443 Acres in the
Nathan Wade Survey, Abst. No. 1407 X
LAS IL. AF111404 31
City of Denton
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Denton County, Texas
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rthur Surveying Co. Inc.
Professional -Land Surveyors
P.O. Box 54 Lewisville, Texas 75067
Office: (972) 221 -9439 — Fax: (972) 221 -4675
Course: S 24 -57 -40 E
Distance: 1206.052
Arc Length: 17.022
Radius: 5608.832 Delta: 0 -10 -26
Course: N 24 -57 -40 W
Distance: 1203.806
Course: N 00 -08 -06 E
Distance: 3.698
Course: S 89 -21 -54 E
Distance: 15.999
Perimeter: 2446.577
Area: 19305.625 0.443 acres
Mapcheck Closure - (Uses listed courses & COGO Units)
Error of Closure: 0.0030 Course: S 89 -10 -34 E
Precision 1: 807481.40
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