2017-062S:\Legal\Our Documents\Ordinances\17\Victory 288 EE Abandonment Ordinance 021517.doex
ELECTRICAN ORDINANCE DEFINING A 0.084 ACRE PORTION OF A 9.5 ACRE BLANKET
c ASSIGNED TO THE CITY OF DENTON FROMBRAZOS
ELECTRIC POWER COOPERATIVE, INC., RECORDED IN VOLUME 1106, PAGE 78 OF
THE DEED RECORDS OF DENTON COUNTY TEXAS, BEING ORIGINALLY CONVEYED
BY BILLY W. CLAYTOR AND W.O. CLAYTOR TO BRAZOS RIVER TRANSMISSION
ELECTRIC COOPERATIVE, INC., RECORDED IN VOLUME 357, PAGE 48, DEED
RECORDS, DENTON COUNTY, TEXAS, EASEMENT LOCATED IN THE R.B.
LONGBOTTOM SURVEY, ABSTRACT NO. 775; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE
DATE.
WHEREAS, the City of Denton is the holder of an electric easement, assigned to the City
of Denton from Brazos Electric Power Cooperative, Inc., recorded in Volume 1106, Page 78 of
the Deed Records of Denton County Texas, being originally conveyed by Billy W. Claytor and
W.O. Claytor to Brazos River Transmission Electric Cooperative, Inc., recorded in Volume 357,
Page R' -. Ii Deed . -•# Denton
..• ,. • ,:SSSS(the"Electric .:: 0.75
WHEREAS,under Document Number 2015-148235 in the Real Property Records of Denton County, Texas
and located at 3012 E. University, Denton, Texas, (the "Property"); and
• r represented and requested the City
i-pecifically define the boundaries of its Electric Easement, as it affects the Property; and
WHEREAS, the City reviewed the request and determined that the electric facilities
existing upon the Property do not require the entirety of the 0,75 acre Property tract; and
WHEREAS, the public is served by specifically defining the precise location of the Electric
Easement, now being described and depicted in "Exhibit A", attached hereto, and recommends
that the Electric Easement be partially released, abandoned and vacated as to the remainder of the
Property only; and
SECTION 2. The area covered by the Electric Easement held by the City of Denton,
Texas, is hereby specifically defined and retained by the City as described and depicted on thc-�
attached "Exhibit♦ • .#SSSSElectric^...
SECTIO SSSS ' 3. The City hereby releases, vacates,,'. • abandons the rem. # " of
rightsElectric Easement not depicted in "Exhibit A" as it related to the Property only, retaining all other
• other landscovered by SSSS..-
SECTION 4. 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 Electric Easement which was released, abandoned, and
vacated in Section 3 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 Electric
Easement may cover, encumber, include, cross or overlap.
SECTION 5. The City acknowledges an existing structure within the Retained Electric
Easement. In the event that an application for Certificate of Occupancy is made in regard to the
Property, the existing structure shall be removed from the area of the Retained Electric Easement
by the applicant, prior the issuance of any Certificate of Occupancy. No other structures or above-
ground appurtenances shall be permitted, without the express written permission of the City, within
the Retained Electric Easement.
SECTION 6. The City Manager, or his designee, is authorized to execute documents
evidencing this specific defining of easement area and partial abandonment of the Electric
Easement, suitable for recordation in the Real Property Records, Denton County, Texas.
SECTION 7. 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 8. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of f U. OAY\ 2017.
/U-//
A TT S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 01
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FVmo] EM I WffA
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BY:
Page 2
CURVE RADIUS I ARC LENCrTH CHORD LENGIhI CHORD BEARING I DELTA ANGLE
Cl 2746.48' 1 21., 21.38 N 87"5435 E 92646"
LINE BEARING DISTANCE
L1 N 00-24'45' W 170.24
L2 S 00'30'08" E 171.39
L3 N 89'01 19" W 21.65
0.084 ACRES
R.B. LONGBOTTOM SURVEY, A-775
DENTON COUNTY, TEXAS
FIELD NOTES TO A 0.084 ACRE ELECTRIC
EASEMENT SITUATED IN THE R.B. LONGBOTTOM
SURVEY, ABSTRACT NO. 775, DENTON COUNTY,
TEXAS, BEING OUT OF THAT CERTAIN TRACT OF
LAND DESCRIBED IN DEED TO 3012 E. UNIVERSITY
TRUST, B.A. DAREDIA & ROGER YALE, RECORDED
IN C.C. FILE# 2008-133097, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE
EASEMENT HEREIN DESCRIBED AT A 1/2 -INCH IRON
ROD FOUND FOR THE SOUTHWEST CORNER OF
SAID 3012 E. UNIVERSITY TRUST TRACT;
THENCE NORTH 00 DEGREES 24 MINUTES 45
SECONDS WEST, A DISTANCE OF 170.24 FEET TO A
1 -INCH IRON ROD FOUND IN THE SOUTH
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 380 (E.
UNIVERSITY DRIVE) FOR THE NORTHWEST
CORNER OF SAID 3012 E. UNIVERSITY TRUST
TRACT AND THE NORTHWEST CORNER OF SAID
EASEMENT HEREIN DESCRIBED, SAID POINT BEING
IN A CURVE TO THE LEFT:
THENCE WITH SAID CURVE TO THE LEFT, AN ARC
LENGTH OF 21.38 FEET, A RADIUS OF 2746.48 FEET,
A CENTRAL ANGLE OF 00 DEGREES 26 MINUTES 46
SECONDS, AND A CHORD THAT BEARS NORTH 87
DEGREES 54 MINUTES 35 SECONDS EAST, A
DISTANCE OF 21.38 FEET TO THE NORTHEAST
CORNER OF SAID EASEMENT HEREIN DESCRIBED,
FROM WHICH A CONCRETE MONUMENT FOUND
FOR THE NORTHEAST CORNER OF SAID 3012 E.
UNIVERSITY TRUST TRACT BEARS A NORTH 86
DEGREES 29 MINUTES 21 SECONDS EAST, A
DISTANCE OF 114.80 FEET;
U.S. Hff 380 (E. UNIVERSITYDRIVE)
(200' R.O.W,)
1 " IRF Cl
1/2" IRF
THENCE SOUTH 00 DEGREES 30 MINUTES 08
SECONDS EAST, A DISTANCE OF 171.39 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF SAID
EASEMENT HEREIN DESCRIBED, FROM WHICH A
1/2 -INCH IRON ROD FOUND FOR THE SOUTHEAST
CORNER OF SAID 3012 E. UNIVERSITY TRUST
TRACT BEARS SOUTH 89 DEGREES 01 MINUTES 19
SECONDS EAST, DISTANCE
r tt
A OF 170.11 FEET;
THENCE NORTH 89 DEGREES 01 MINUTES 19
SECONDS WEST, A DISTANCE OF 21.65 FEET TO
THE POINT OF BEGINNING AND CONTAINING 0.084
1 & THOMPSON
ACRES OF LAND, MORE OR LESS.
4-857
cp S.:r
s�
CERTIFICATION:
I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN
ACCURATE ON -THE -GROUND SURVEY OF THE PREMISES DEPICTED HEREON
AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO,
CONDUCTED UNDER MY DIRECTION AND SUPERVISION ON 09/22/2015 AND
THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
J.E. THOMPSON II R.P.L.S. No 4857
15' B.L.(PER PLAT)
_ �A114.80"
R 274.4
BNI629'21wE ,
C 114.80` ,
3012 E. UNIVERSITY TRUST
B.A. DAREDIA & ROGER YALE
C.C. FILE# 2008-133097
R.P.R.D.C.T.
- 0.084 ACRES
ELECTRIC EASEMENT
0
S 89'01'19' E 1/2" IRF
170.11'
ELECTRIC EASEMENT
0.084 ACRES
IN THE R.B. LONGBOTTOM SURVEY
ABSTRACT NO. 775
DENTON COUNTY, TEXAS
I WN 00 1
i T ''