2016-242S:\Lega[\Our Documents\0rdinances\1 6\Medical Center PUE Abandonment Ordinance.docx
*RDINANCE NO. 2101116-242
Niel
WHEREAS, the City of Denton is the holder of the Public Utility Easement; and
WHEREAS, Westgate Properties, L.P., ("Owner") has represented to the City it is the
owner of the property subject to the Public Utility Easement; and
WHEREAS, the Owner has requested the abandonment of a portion of the Public Utility
Easement; and
WHEREAS, the City reviewed the request of the Owner and determined that a portion of
the Public Utility Easement is no longer needed, and recommends that the Public Utility Easement
be partially released, abandoned and vacated; and
WHEREAS, the City Council of the City of Denton, Texas, finds it is in the public interest
to release, abandon, and vacate a portion of the Public Utility Easement; NOW, THEREFORE,
SF(',1-1ON 1. The recitations and finding set forth above are incorporated by reference.
SFCTION2, The following portion of the Public Utility Easement held by the City of
Denton, Texas, is hereby released, abandoned, and vacated as described and depicted on the
attached "Exhibit A".
Sh'CTION 3. Notwithstanding anything to the contrary contained in this ordinance, the
City of Denton retains and reserves any and all easements, rights of way and any other rights or
interests, other than the portion of the Public Utility Easement which was released, abandoned,
and vacated in Section 2 above, 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 lands in which the
Public Utility Easement may cover, encumber, include, cross or overlap.
SF"C,T1ON 4. The City Manager, or his designee, is authorized to execute a release
document evidencing this partial abandonment of the Public Utility Easement, suitable for
recordation in the Real Property Records, Denton County, Texas.
SECTION 5. The provisions of this ordinance are severable, and the invalidity of any
phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder
of the ordinance.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 1 1
MM
BY: A
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
EXHIBIT "A" attachment to ordinance
Being a tract of land in the B.B. & C. Railroad Survey, Abstract Number 141 in the City of Denton, Denton County, Texas and being a
part of Lot 3, Block A of Medical Center Addition, Section One, an addition to the Denton, Denton County, Texas as recorded in
Cabinet F, Page 349 of the Plat Records, Denton County, Texas; the subject tract being more particularly described as follows;
Commencing at a I/V iron rod found in the East line of Worthington Drive and being the Northwest corner of Lot 4 of said addition and
the Southwest corner of said Lot 3;
Thence North 32 minutes 47 seconds East with the East line of said road and the West line of said Lot 3 a distance of 137.99 feet to
a point;
Thence South 89 degrees 27 minutes 13 seconds East perpendicular to the West line of said Lot 3 a distance of 16.00 feet to the
POINT OF BEGINNING:
Thence North 32 minutes 47 seconds East parallel to the West line of said Lot 3 a distance of 16.00 feet to a point;
Thence North 89 degrees 24 minutes 38 seconds East a distance of 217.92 feet to a point:
Thence South 00 degrees 25 minutes 38 seconds West a distance of 16.00 feet to a point;
Thence South 89 degrees 24 minutes 38 seconds West a distance of 2`17.96 feet to the POINT OF BEGINNING and enclosing 0.08
of an acre of land more or less.
, hereby certify that this survey, plan or report was prepared by me or under my direct
supervision and that I am a licensed Land Surveyor under the laws of the State of Texas.
Ernest Woorster
6509
Date
0
ej
ERNEST WOORSTER
-a 6509
1%,90 0
LOT 2, BLOCK A
MEDICAL CENTER ADDITION
SECTION ONE
CABINET F, PG. 349
LOT 1, BLOCK 1
P.R.T.C.T.
NEWCREST ADDITION
EASEMENT (REMAINS)
VOL. 2637, PAGE 12
R.P.R.D.C.T.
>
LOT 3, BLOCK A
z
MEDICAL CENTER ADDITION
LOT 2, BLOCK 1
0 3
C5
SECTION ONE
NEWCREST ADDITION
0 X,
CABINET F, PG. 349
CAB. Y, PG. 784
z b
P.R.T.C.T.
P.R.D.C.T.
!E
a�
0
0.08 ACRE
A PART OF LOT 3, BLOCK A
MEDICAL CENTER ADDITION
CAB. F, PG. 349
P.R.T.C.T.
Lb
LIN GEARING IS
1-11 111 ------- ---- D. ....... T- . . .... .ANCE
POB
Ll IN 00'3247" E 137.99'
-sw E 16.00-
EASEMENT T3 BE ABANDONED
L3 NOWMWT�E-
—
A PART OF VOL, 2637, PAGE 12
K84 �'2438" E 217.92'
R.P.R.D.C.T.
A TRACT OF LAND
L5 sbb�25 38" W� vdbu
V
DESCRIBED IN A DEED TO
L6 S 89 if 96'
PO
WESTGATE PROPERTIES, LP
03-102471
N 89'49'20" EDOC.#
— -'!')/2"IRF
249.62'
R,P.R.D.C.T,
V2
IRF
LOT 4, BLOCK A
MEDICAL CENTER ADDITION
SECTION ONE
CABINET F, PG. 349
P.R.T.C.T,
PAGE 2 OF 2
N
EAGLE
SURVEYING, LLC
210 S. ELM STREET
SUITE: 104
DENTON, TX 76201 'a
EAGLE
(940) 222-3009
LEGEND
CIRF CAPPED IRON ROD FOUND
SURVEYING
TX
FIRM # 10194177
POB = POINT OF BEGINNING
V = 100,
POC = POINT OF COMMENCMENT
JOB NUMBER DRAWN BY
DATE
q CENTERLINE OF ROAD
16-07 DBIR
6/30/2016 0 50 100