2009-175sAour documents\ordinances\09\hickory creek center partial easement abandonment ordinance.doc
ORDINANCE NO.
AN ORDINANCE PARTIALLY ABANDONING AND VACATING A PUBLIC ACCESS
AND FIRE LANE EASEMENT FROM SR DENTON 2181 LLC. TO THE CITY OF
DENTON, RECORDED BY COUNTY CLERK FILE NUMBER 2008-72572 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee simple
owner, SR Denton 2181 LLC., for the partial abandonment of that certain Public Access and Fire
Lane Easement, dated on or about July 2, 2008, from SR Denton 2181 LLC., to the City of
Denton, Texas, County Clerk File No. 2008-72572, Real Property Records, Denton County,
Texas (the "Original Easement"), INSOFAR AND ONLY INSOFAR as the Original Easement
covers and encumbers that certain 4,037 square feet of land being particularly described in
Exhibit "A" and illustrated on Exhibit "B" attached hereto and made a part hereof by reference
(the "Abandonment Area"); and,
WHEREAS, staff has reviewed the requested abandonment of the Original Easement,
INSOFAR AND ONLY INSOFAR as the Original Easement covers and encumbers the
Abandonment Area and has recommended approval; and,
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to abandon the Original Easement, INSOFAR AND ONLY INSOFAR as the
Original Easement covers and encumbers the Abandonment Area, and the City's interest therein
to the underlying fee owner; and,
WHEREAS, notwithstanding any of the above, the City of Denton hereby retains and
reserves (1) any and all easements granted by the Original Easement, except as the Original
Easement covers and encumbers the Abandonment Area; and (ii) any and all easement and street
right-of-way rights in all other easement and street right-of-way tracts, whether conveyed by
other instruments or by plat, in which the easement tracts described for abandonment herein
cross and/or overlap; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Original Easement, INSOFAR AND ONLY INSOFAR as it covers
and encumbers the Abandonment Area is hereby permanently abandoned with all of the City's
right, title and interests being quit claimed 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 quit claim.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the Aliday of /'/&d'?~ 2009.
M A. B O U HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
EXHIBIT "A"
ARIABLE WIDTH PUBLIC
ACCESS & F RELANE EASEMENT ABANDONMENT
A. V nters Survey, Abstract No. 1315
City if Denton, Denton County, Texas
DESCRIPTION, of a 4,037 square foot (0.093 acre) tract of land situated in the A. Venters Survey,
Abstract No. 1315, Denton County, Texas; said tract being part of a tract of land described in Warranty
Deed With Vendor's Lien to SR Dento 2181, LLC recorded in Instrument No. 2007-141537 of the Official
Records of Denton County, Texas; s id 4,037 square foot (0.093 acre) tract being more particularly
described as follows (bearing system or this survey is based on North American Datum of 1983, Texas
State Plane Coordinate System, Zone 202):
BEGINNING, at a point for corner in tie west right-of-way line of Teasley Lane (F.M. 2181) (a variable
width right-of-way); said point being N rth 01 degrees, 25 minutes, 05 seconds West, along the said west
line of Teasley Lane, a distance of 2 .0.01 feet from a 1/2-inch iron rod with illegible cap found for. the
southeast corner of said SR Denton 2131 tract;
THENCE, South 88 degree, 34 minute , 55 seconds West, departing the said west line of Teasley Lane
and traversing said SR Denton 2181 trct, a distance of 72.75 feet-to a point for comer
THENCE, North 01 degree; 25 minutes 05 seconds West, a distance of 134.27 feet to a point forcomer;
THENCE, North 88 degrees, 34 minutes, 55 seconds East, a distance of 25.00 feet to a point for corner;
THENCE, South 01 degree, 25 minut s, 05 seconds East, a distance of 101.88 feet to: a point at 'the
beginning of a tangent curve to the left;
THENCE, in a southeasterly direction,
long said curve to the left, having a central angle of 90 degrees
00 minutes, 00 seconds, a radius of 2
,
3.00 feet, a chord bearing and distance of South 46 degrees, 25
minutes, 05 seconds East, 28.28 feet,
n arc distance of 31.42 feet to a point at the end of said curve;
THENCE, North 88 degrees, 34 minu
s, 55 seconds East, a distance of 20.58 feet to a point at the
beginning of a tangent curve to the left;
THENCE, in a northeasterly direction, long said curve to the left, having a central angle of 21 degrees,
33 minutes, 34 seconds, a radius of 13.50 feet, a chord bearing and distance of North 77 degrees, 48
minutes, 08 seconds East, 7.29 feet, a arc distance of 7.34 feet to a point for comer at the end of said
curve; said point being in the said west ine of Teasley Lane;
THENCE, South 01 degree, 25 minute , 05 seconds East, along the said west line of Teasley Lane, a
distance of 13.75 feet to the POINT OF BEGINNING;
CONTAINING, 4,037 square feet or 0
(A survey plat of even survey date h
The undersigned, Registered Pro
accurately sets out the metes and
PRELIMINAF
RELEASED 06/04/2009 FOR REVIEW
THIS DOCUMENT SHALL NOT BE RE
ANY PURPOSE.
Nijaz Karacic
Registered Professional Land Surveyor
Pacheco Koch Consulting Engineers, Ir
8350 N. Central Expwy, #1000, Dallas 1
(972) 235-3031
acres of land, more or less.
accompanies this description.)
al Land Surveyor, hereby certifies that the foregoing description
s of the easement tract described.
Y
'URPOSES ONLY.
,ORDED FOR
'
KARACIC
(
Date
Jo. 5526
526
s s Iq,
00.
4
R
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2763D-08.352E2.doc
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CURVE DEL T
CZARME TABLE
RADIUS LENGTH TANGENT CHORD BEARING CHORD
C1
90,00,0
00
20.00'
31.42'
20.00'
S 46'25'05' E
28.28
C2
21'33'3
'
19.50'
7.34'
3.71'
N 77'48'08" E
7.29'
LOT 1, BLOCK A I
HICKORY CREEK CENTER ADDITION 1/2-INCH IRON ROD
(CAB. Y, PG 493) W/"PACHECO KOCH" CAP
1 FOUND (C.M.)
SR D NTON 2181, LLC . I~
(INST. NO. 2007-141537)
O
0 25 50 100
GRAPHIC SCALE IN FEET
VARIABLE WIDTH PUBLIC I I:
ACCESS & FIRELAN EASEMENT co
(INST. NO. 2008--72572)
I
'
'
N
~
x100
20
HIGHWAY
ASEMENT FOR
PURPOSES TO
I
w
J
THE STA
(VOL. 49
OF TEXAS
PG. 459)
I
1.
o
•
m
/I'- r W ~ Q IQ
25. PUBUC DRAINAGE EASEMENT N I>
INST. NO. 2008-72567 L3
W
Lh E TABLE
LINE
BEARING
LENGTH
L1
S 8 '34'55" W
72.75'
L2
N 01'25'05" W
134.27'
L3
N 88'3455" E
25.00'
L4
S 01'25'05" E _
101.88'
L5
N 883455""'E
20.58-
L6
S 01'25'05" E
13.75
VARIABLE J~ 5' ELECTRIC EASEMENT
E WIDTH TO CITY OF DENTON
(V
OL. 5086. PG. 3208)
PUBLIC ACCESS & J C~A15CO)
ZELAN EASEMENT
AB NDONMENT
4, 037 SF
0.093 ACRES)
ACC
1. Al egal description of even survey date
herewith accompanies this plat of survey.
2. Bearing system for this survey is based
North American Datum of 1983, Texas
State Plane Coordinate System, Zone 42
9 The undersigned, Registered Professional Land
N Surveyor, hereby certifies that this plat of
,N L survey accurately sets out the metes and
n bounds of the easement tract described.
PRELIMINARY
ED 06/03/09 FOR REVIEW PURPOSES ONLY
.
ENT SHALL NOT BE RECORDED FOR ANY PURP
9
Ni jaz Karacic
Date
Registered Professional
o
Land Surveyor No. 5526
Pacheco
Koch Con
i
8350 N. CENTRAL EXPWY. SUITE 1000
TX REG.
N
DALLAS, TX 75206
972.235.3031
o
DRAWN BY
CHEcxED BY
SCALE
DA
RJK
NK
1"=50'
JUNE
ARIABLE WIDTH PUBLIC
SS & FIRELANE EASEMENT
NST. NO. 2008-72572)
20' UTILITY EASEMENT
(C.F. NO. 93-R0048365)
1/2-INCH IRON 3.47
ROD W/"KAZ 5312"
CAP FOUND
(C.M.)
LEGEND
- - PROPERTY LINE
EASEMENT LINE
0 POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
(C.M.) - CONTROWNG MONUMENT
POINT OF
BEGINNING
ZQ
3 ~O =vi
2
00 ~~.WQ
06
NW)
_ o
C4
w
° in cc k .
z <mQ'mc~i12
I .
-1/2-INCH IRON._
ROD W/ILLEGIBLE:
CAP FOUND
I
3E. VARIABLE WIDTH
PUBLIC ACCESS &
FIRELANE EASEMENT
Ping Engineers ABANDONMENT
RVEYING FIRM LS-100080-110
LOCATED IN THE CITY OF DENTON, TEXAS
JOB mwER A. VENTERS SURVEY, ABSTRACT NO. 1315
109 2763D-08.352 DENTON COUNTY, TEXAS
DWG FILE: 2763D-08.352E2.DWG
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