2016-2432016-243
ORDINANCE NO.
WIN
WHEREAS, the City of Denton is the holder of the Public Utility Easement; and
WHEREAS, City of Denton, by way of Denton Municipal Electric ("Owner") has
represented and requested the abandonment of a portion of the Public Utility Easement; and
WHEREAS, the City reviewed the request 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,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The recitations and finding set forth above are incorporated by reference.
SECTION 2. 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" and "Exhibit B", respectively.
SECTION 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.
SE,C'HON 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.
SIC1ON 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 I (P day of
Cl " S WATTS, MAYOR
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BY:
EXHIBIT "A"
PARTIAL ABANDONMENT OF EASEMENT
(Volume 923, Page 431, D. R. D. C. T.)
BEING 0.103 acres of land situated in the Alexander Hill Survey, Abstract No. 623, City of Denton,
Denton County, Texas, and being part of that certain Public Utility Easement conveyed to the City of
Denton, Texas, as recorded in Volume 923, Page 431 of the Deed Records of Denton County, Texas,
and being more particularly described as follows:
BEGINNING at a point in the North line of the above cited Public Utility Easement, said point being in the
West line of a called 2.112 acre tract of land described in a Deed to the City of Denton, Texas, as
recorded in Document No. 2015-24936 of the Official Records of Denton County, Texas and the East line
of Lot 1, Block A of Myrtle Street Warehouse Addition, as recorded in Document No. 2014-166 of the Plat
Records of Denton County, Texas, from which a 1/2 inch iron rod with cap stamped "RPLS 4561" found
for the. Northwest corner of said 2.112 acre tract and the Northeast corner of said Lot 1 bears North
00°07'14" East a distance of 89.68 feet;
THENCE North 89044'19" East departing the West line of said 2.112 acre tract and the East line of said
Lot 1, Baradalong the North line of said Public Utility Easement, for a distance of 282.16 feet to a point for
the Northeast corner of said Public Utility Easement, said point being in the East line of said 2.112 acre
tract and the West line of S. Locust Street, a variable width right-of-way, from which a steel fence corner
post found at the Northeast corner of said 2.112 acre tract hears North 23"37'13" East a distance of 97.25
feet;
THENCE South 23037'13" West along the East line of said 2.112 acre tract and the West line of S. Locust
Street, for a distance of 17.53 feet to a point for the Southeast corner of said Public Utility Easement;
THENCE South 89044'19" West departing the East line of said 2.112 acre tract and the West line of S.
Locust Street, and along the South line of said Public Utility Easement, for a distance of 275.17 feet to a
point for corner in the West line of said 2.112 acre tract and the East line of said Lot 1;
THENCE North 00°07'14" East along the West line of said 2.112 acre tract and the East line of said Lot 1,
for a distance of 16.03 feet to the POINT OF BEGINNING, and containing 0.103 acres of land, more or
less.
NOTE, Bearings are referenced to gt d north of the Texas Coordinate System of 1963 (Nadh Central Zone;
1VAD83(2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference
.Stations (CORS) Heid Real Time Kinematic (RTIO survey methods. Distances represent surface values utilizing a
surface adjustment factor of 1.000150630 to scale from) grill to surface.
Todd B. Turner, R,P.L.S. No. 4859
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
Date: March 22, 2016
Locust Substation
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