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20-2350ORDINANCE NO.20-2350 AN ORDINANCE OF THE CITY OF DENTON RELEASING, ABANDONING, AND VACATING A 244 SQUARE FOOT PORTION OF A PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF DENTON BY DENTON MALL COMPANY, A TEXAS LIMITED PARTNERSHIP, RECORDED AT VOLUME 966, PAGE 365, IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Denton (“City”) is the holder of a Public Utility Easement granted by Denton Mall Company, a Texas limited partnership, recorded at Volume 966, Page 365 in the Real Property Records of Denton County, Texas (the “Subject Easement”); and WHEREAS, SRB Denton, LLC, a Texas limited liability company, (“Owner”), has represented to the City that it is the owner of the property subject to the Subject Easement; and WHEREAS, the Owner has requested the City to release, abandon, and vacate a 244 square foot portion of Easement identified in the Subject Easement as Utility Easement No. 14 (the “Abandonment Tract”), as described and depicted in Exhibit “A“ attached hereto, in exchange for an alternative Public Waterline Easement on the property, covering 456 square feet as described and depicted in Exhibit “B” (the “Alternative Easement”), which was been filed on December 7, 2020 in the Public Records of Denton County as Instrument No. 199971; and WHEREAS, City staff reviewed the request of the Owner, determined that with the Alternative Easement the Abandonment Tract of the Subject Easement is no longer necessary, and recommends the Abandonment Tract be released, abandoned, and vacated as specified herein; and WHEREAS, the City Council of the City of Denton finds it is in the public interest to release, abandon, and vacate the Subject Easement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and finding set forth above are incorporated herein by reference. SECTION 2. The Abandonment Tract, that 244 square foot portion of Subject Easement, as described and depicted in Exhibit “A,” attached to this Ordinance and made a part hereto for all purposes, may be abandoned, released, and vacated in exchange for the Alternative Easement attached as Exhibit “B.” SECTION 3. The City Manager, or his designee, is authorized to execute a release document evidencing the abandonment of the Abandonment Tract of the Subject Easement, suitable for recordation in the Real Property Records of Denton County, Texas. 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 Abandonment Tract of the Subject Easement 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 Subject Easement may cover, encumber, include, cross, or overlap. 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. s e c o n d er£y ][]#mv=1 )a te bIr dv e Ja: : the following vote n - a Aye b/ \/ Nay Abstain Absent Gerard Hudspeth, Mayor: Birdia Johnson, District 1 : Connie Baker. District 2:d/ / V‘ 7 a Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the Il tb day of \) e,c£yv\\,>e,(, 2020. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY Page 2 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Page 3 EXHIBIT A PARTIAL EASEMENT ABANDONMENT John McGowen Survey, Abstract No. 797 City of Denton, Denton County, Texas PARTIAL EASEMENT ABANDONMENT BEING a 244 Square Foot tract of land situated in the John McGowen Survey, Abstract Number 797 in the City of Denton, Denton County, Texas and being a portion of Lot 5, Block 1 of Golden Triangle Addition, recorded in Cabinet B, Page 124 of the Plat Records of Denton County, Texas and a portion of Utility Easement No. 14, recorded in Volume 966, Page 365 of the Deed Records of Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a Mag Nail marked “RPLS 6013” found at an angle point at the most Easterly corner of said Lot 5, Block 1 ; THENCE S 78'54'58” W continuing with the East line of said Lot 5, Block 1, a distance of 168.75 feet to a point from which a Mag Nail marked “RPLS 6013” found at an angle point in the East line of said Lot 5, Block 1 bears S 78'54’58” W, a distance of 28.23 feet; THENCE S 09'30'49” E over and across said Lot 5, Block 1, a distance of 37.06 feet to the POINT OF BEGINNING in an East line of said Utility Easement No. 14; THENCE with the lines of said Utility Easement No.14 the following courses and distances; With a non-tangent curve to the left having a radius of 55.00 feet, a delta angle of 04'35'19", a chord bearing of S 09'11'03" E, a chord length of 4.40 feet, and an arc length of 4.40 feet; S11'28'42" E, a distance of 20.00 feet; S 78'31'18" W, a distance of 10.00 feet; N 11'28'42" W, a distance of 24.40 feet; N 78'31'18" E, a distance of 10.18 feet to the POINT OF BEGINNING and containing 244 Square Feet of land more or less. PAGE 1 OF 2 EAGLE SURVEYING, LLC 210 S. ELM STREET SUITE: 104 DENTON, TX 76201 (940) 222-3009 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of TexasEAG© SURVEYING TX FIRM # 10194177 baMa Ted A. Gossett R.P.L.S. # 59911I 2006.041 -02 CMB 08/27/2020 PARTIAL EASEMENT ABANDONMENT John McGowen Survey, Abstract No. 797 'enton, Denton County, Texas \ \ MAEJ = = • { 1FE s'OUND6013- \ \ \ \LOT 7R5. BLOCK 1 GOLDEN TRIANGLE ADDrrlON DOC. NO. 202060 P. R.D.C.T. /PP # / +++ +++ + \ \ \ \ \ \ / / / / ',); LOT 5 BLOCK 1 GOLDEN TRIANGLE ADDITION CABINET B. PAGE 124 P.RD.C.T. OWNER: SRB DENTON, LLC VAR18LE WIDTH cnILrry ESMT trrILrrY EASEM£VI NO. 14 VOLWE 966. PAGE 365 D.R. D.C.T. }# # = PARTIAL ABANDONMENT 244 SQ. FEET mLE I L2 m1R mRml mmBRmEm6FmGTh F F300' The bearings shown on this suIvey are based on GPS observations utilizing the AlITerra RTK Network. NAD 83 (2011 )PAGE 2 OF 2 EAGLE SURVEYING, LLC 210 S. ELM STREET LEGEND CIRF IRF R.O.W P.R.D.C.T CAPPED IRON ROD FOUND IRON ROD FOUND POINT OF BEGINNING POINT OF COMMENCEMENT RIGHT-OF-WAY PLAT RECORDS DENTON COUNTY. TEXAS OFFICIAL RECORDS DENTON COUNW, TEXAS DEED RECORDS DENTON COUNTY, TEXAS EATH DENTON, TX 76201 (940) 222-3009 SUITE: 104 SURVEYING TX FIRM # 10194177 O.R.D.C.T. D.R.D.C.TNUMBEBFI1 " = 20 10 2002006.041 -02 CMB 08/27/2020 Denton County Juli Luke County Clerk EXHIBIT B Instrument Nurnber: 199971 ERecordings-RP EASEMENT Recorded On: December 07, 2020 03:54 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $46_00 THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the SaFe, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law, File Information:Record and Return To: Document Number:199971 Simplifile Receipt Number:20201207000919 Recorded Date/Time:December 07, 2020 03:54 PM User:Denise W Station :Station 18 STATE OF TD(AS COUNTY OF DENTON I hereby certify that this Instrument was FILED in the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas_ i +MG Juli Luke County Clerk Denton County, TX NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWiNG INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE rr IS FILED FOR RECORD IN THE PUBLIC RECORDS: [YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. I PUBLIC WATERLINE EASEMENT THE STATE OF TEXAS COUNTY OF DENTON § § § KNOW ALL MEN BY THESE PRESENTS: THAT SRB Denton, LLC., a Texas limited liability company, (Grantor) in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, (Grantee), receipt of which is hereby acknowledged, does by these presents GRANT, GIVE, and CONVEY unto the City of Denton, Texas, the iee and uninterrupted use, liberty and privilege of the passage in, along. upon and across the following described property, owned by Grantor and situated in Denton County, Texas, in the J. McGowen Survey, Abstract No. 797. PROPERTY AREA DESCRIBED IN EXHIBIT “A” AND ILLUSTRATED IN EXHIBIT “B” ALL ATTACHED HERETO AND MADE A PART HEREOF And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, will obstructions as may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining a public waterline and its related appurtenances, in, along, upon and across said premises, with the right and privilege at all times of the Grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public facilities or any part thereof TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. remove from the property above described, such fences, buildings and Of Witness its hand, this Iq th By: SRB Denton, LLC aT Print Name: __J4MGS MLcH k&rd Print Title:MkH4GINb MCM8s9- ACKNOWLEDGMENT THE STATE OF \ {X(XS „„.„,..-l $ $ JaMES p4tChOLCL is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein state and as the act and deed of said SRB Denton, LLC., a Texas limited liability company. UWeMbeCGiven under my hand and seal ofofnce on this W\day of ; O v\X_ My commission expires:6.3 . 22 A„,pt,d thi, JM,tay of Texas (Resolution No. 91-0 for the City of Denton Icl tHb AFTER RECORDING RETURN TO: Development Services – Planning Division 215 E. McKinney St. Denton, Texas 76201 Attention: Mark Laird EXHIBIT A John McGowen Survey Survey, Abstract No. 797 City of Denton, Denton County, Texas LEGAL DESCRIPTION BEING a 456 Square Foot tract of land situated in the John McGowen Survey, Abstract Number 797 in the City of Denton, Denton County, Texas and being a portion of Lot 5, Block 1 of Golden Triangle Addition, recorded in Cabinet B, Page 124 of the Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 3/4” iron rod found at the South corner of said Lot 5, Block 1 and in the Northeast Rightof-Way {R.O.W.) line of Interstate 35 E/US Highway 77 (a variable width R.O.W.); THENCE with the Southwest line of said Lot 5, Block 1 and the common Northeast R.O.W. line of said Interstate 35 E/US Highway 77 the following courses and distances; North 47'47'18- West, a distance of 320.59 feet to a 1/2- iron rod found; South 89'18'28- West, a distance of 23.67 feet to a 1/2- iron rod found; North 47'44'00" West, a distance of 1 18.83 feet; THENCE North 42'16'00- East ovor and across said Lot 5. Block 1, a distance of 247.35 feet to the POINT OF BEGINNING; THENCE continuing over and across said Lot 5, Block 1, following courses and distances; North 1 1'32'06" West, a distance of 16.00 feet; North 79'01'25" East, a distance of 28.48 feet; South 1 1'29’1 I" East, a distance of 16.00 feet; South 79'01 '25" West. a distance of 28.47 feet to the POINT OF BEGINNING and containing 456 Square Feet of land more or less. EXHIBIT A I hereby certify that this survey. plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land SUIveyor under the laws of the State of TexasEAGLE SURVEYING. LLC 210 S. ELM STREET SUITE: 104 DENTON, TX 76201 (940) 222-3009IEAG@ II SURVEYING Ted A. Gossett R.P.L.S. # 5991TX FIRM # 101941 77 <'0 A aJOB NUMBER 2006.041-05 DRAWN BY CF in IO/21/2020 10/26/2020 Date EXHIBIT B John McGowen Survey Survey, Abstract No. 797 City of Denton, Denton County, Texas \ \ \ \ , J. ’r\\\\ L2 / / !!rSS [4 \\\\\\L + + +1 \Vd=0+++r \\ 16' WIDE UTILITY ESMT UTILITY EASEMENT NO. VOLUME 966. PAGE 365 D.R.D.C.T. LOT 7R5, BLOCK 1 GOLDEN TRIANGLE ADDITION DOC. NO. 2020.60 P.R. D.C.T UTILITY EASEMENT f– 456 SQUARE FEET LOT 5 BLOCK 1 GOLDEN TRIANGLE ADDITION CABINET B. PAGE 124 P.R.D.C.T. OWNER GTM DENTON. LTD Y\\\ \\\\ \\ \\ \ \ b uTELU ME FrE : bnf :USiFi::iS : I: t*9>: a’#{ \ \ \ :r aKI„:\ ‘ 1/2- IRF S 89'18'28" W 23.67’ LOT 7R5, BLOCK 1 GOLDEN TRIANGLE ADDITION DOC. NO. 2020-60 P.R.D.C. T. 5' WIDE OWNER: GTM DENTON, LTD 7b\LOT 17, BLOCK 1 GOLDEN TRIANGLE ADDITION DOC. NO. 2020-60 P.R.D.C.T. FU VVIUE V IILI I I EDIVI I UTILITY EASEMENT NO. 15 VOLUME 966, PAGE 365 \~.\ OWNER GTM DENTON, LTD / EXHIBIT B 76 m a8EAGLE SURVEYING. LLC 210 S. ELM STREET SUITE: 104 DENTON. TX 76201 (940) 222-3009 LEGEND EAZm CIRF IRF PaB R.O.W P.R,D.C.T CAPPED IRON ROD FOUND IRON ROD FOUND POINT OF BEGINNING POINT OF COMMENCEMENT RIGHT-OF-WAY PLAT RECORDS DENTON COUNW. TEXAS DEED RECORDS DENTON COUNTY. TEXAS SURVEYING TX FIRM # 10194177 JOB NUMBFR 2006.041 -05 [RETRH7 CF UAE 10/21 /2020 100' To 100 D.R.T.C.T