2009-111sAour documents\ordinances\09\epic development abandonment ord.doc
ORDINANCE NO. 2MV
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PARTIALLY ABANDONING AND
VACATING A PUBLIC UTILITY EASEMENT FROM EPIC DEVELOPMENT, INC. TO
THE CITY OF DENTON, RECORDED BY COUNTY CLERK FILE NUMBER 94-R0032573
OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, IN THE J. WHITE
SURVEY, ABSTRACT NO. 1433, DENTON COUNTY, TEXAS; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee simple
owner, Epic Development Inc., for the partial abandonment of that certain Public Utility
Easement, dated on or about March 15, 1994, from Epic Development, Inc. to the City of
Denton, Texas, County Clerk File No. 94-R0032573, Real Property Records, Denton County,
Texas (the "Original Easement"), INSOFAR AND ONLY INSOFAR as the Original Easement
covers and encumbers that certain 4,622 square feet of land being particularly described and
depicted in Exhibit "A" 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 (i) 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 J' =="day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
%~ui(
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: `
Page 2
UTILITY EASEMENT ABANDONMENT
FIELD NOTES
EXHIBIT "A"
BEING 4,622 square feet of land located in the J. WHITE SURVEY, Abstract No.
1433, Denton County, Texas, being a portion of Tract 1 as described in a Deed
to Epic Development, Inc. (tract 1), recorded in Volume 3245, Page 699 of the
Real Property Records of Denton County, Texas, being a portion of a 20 foot
Utility Easement recorded in Document No. 94-R0032573 of the Real Property
Records of Denton County, Texas and being more particularly described by.
metes and bounds as follows:
BEGINNING at a point lying S 01 034'07"W, 42.87 feet from the North corner of a
tract of land described in deed to Epic Development, Inc. (tract 2), recorded in,
Volume 5158, Page 1186 of the Real Property Records of Denton County,
Texas;
THENCE S 01 034'07"W along the East line of said Epic Development tract 1 and
the West line of said Epic Development tract 2, 232.07 feet to a point
lying in the North Right-of-Way line of Medpark Drive (a 70 foot right-
of-way), being the beginning of a Non-Tangent Curve to the Right;
THENCE NORTHWESTERLY along the North Right-of-Way line of said Medpark
Drive, 23.16 feet along said Non-Tangent Curve to the Right, having a
radius of 765.00 feet, a central angle of 01 044'05" and a chord bearing
N 58°09'04"W, 23.16 feet to a point at the end of said Non-Tangent
Curve to the Right;
THENCE N 01 034'07"E, 230.06 feet to a point at the beginning of a Non-Tangent'
Curve to the Left;
THENCE SOUTHEASTERLY, 22.22 feet along said Non-Tangent Curve to the
Left, having a radius of 1,980.17 feet, a central angle of 00°3834" and
a chord bearing S 62°37'07"E, 22.22 feet to the PLACE of BEGINNING
containing 4,622 square feet of land.
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W&A No. 03028.12
December 10, 2007