2007-273s:\our documents\ordinanccs\07\denton distribution center abandonment ordinance.doc
ORDINANCE NO. 07-
AN ORDINANCE AUTHORIZING THE PARTIAL ABANDONMENT OF A 0.1403 ACRE
WATER EASEMENT TRACT SITUATED IN THE E. PUCHALSKI SURVEY, ABSTRACT
NO. 996, AND RECORDED IN DOCUMENT NUMBER 96-R0033726, OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee simple
owner, Denton Warehouse Partner, for the partial abandonment of a 0.1403 acre water easement
tract recorded in Document Number 93-R0033726 of the Real Property Records of Denton
County, Texas, being particularly described and depicted in Exhibit "A", attached hereto and
made a part hereof by reference (the "Partial Abandonment Area"); and,
WHEREAS, Denton Warehouse Partner, has conveyed, by separate instrument, a 0.4846
acre water easement to the City of Denton, for the express purpose of accommodation for the
water and fire suppression therein; and,
WHEREAS, staff has reviewed the requested abandonment of the Partial Abandonment
Area and has recommended approval; and,
WHEREAS, the City Council of the City of Denton, Texas hereby finds and determines
that the Partial Abandonment Area is not needed for public water purposes and it is in the public
interest to abandon the Partial Abandonment Areas and the City's water easement interests
therein to the underlying fee owner, Denton Warehouse Partners ("Owner"); and,
WHEREAS, notwithstanding any of the above, the City of Denton hereby retains all
easement rights in all other easement tracts, whether conveyed by other instrument(s) or by
plat(s), 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. A 0.1403 acre water easement tract recorded in Document Number 96-
R0033726, of the Real Property Records of Denton County, Texas, situated in the E. Puchalski
Survey, Abstract No. 996, is permanently partially vacated, abandoned, and extinguished as a
water easement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ;kx day of Jly &Z'd '2007.
1, "
4w
ERR c E LL, MA OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ED W
BY:
Page 2
EXHIBIT A,
BEING a tract of land out of the Eugene Puchatski Survey, Abstract Number 996, and
being part of Lot 1, Block 1, Denton Distribution Center, as shown on plat recorded in
Cabinet M, Page 130 of the Plat Records of Denton County, Texas, and also being part of
a 16-foot water main easement as recorded in Document Number 96-R0033726 of the
Deed Records of Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a TxDOT monument found for the southeast comer of said Lot 1,
said comer being the intersection of the north right-of-way line of F.M. 1515 (Airport
Road, a variable width right-of-way) and the west right-of-way line of the Kansas City
Southern Railroad (formerly known as Gulf, Colorado, & Santa Fe Railroad, a 125 foot
wide right-of-way);
THENCE North 21 degrees 52 minutes 25 seconds West, along said west right-of-way
line, a distance of 692.00 feet to a point;
THENCE South 68 degrees 07 minutes 35 seconds West, departing said west right-of-
way line, a distance of 37.50 feet to the POINT OF BEGINNING:
THENCE South 68 degrees 07 minutes 35 seconds West, a distance of 350.50 feet to a
point of a comer,
THENCE North 21 degrees 52 minutes 25 seconds West, a distance of 47.55 feet to a
point of a comer;
THENCE North 68 degrees 07 minutes 35 seconds East, a distance of 16.00 feet to a
point of a comer;
THENCE South 21 degrees 52 minutes 25 seconds East, a distance of 31.55 feet to a
point of a comer;
THENCE North 68 degrees 07 minutes 35 seconds East, a distance of 334.50 feet to a
point of a comer;
THENCE South 21 degrees 52 minutes 25 seconds East, a distance of 16.00 feet to the
POINT OF BEGINNING AND CONTAINING 6,113 square feet or 0.1403 acres of
land, more or less.
Basis of Bearing is the south property line of Lot 1, Block 1, Denton Distribution Center,
as shown on plat recorded in Cabinet M, Page 130 of the Plat Records of Denton County,
Texas.
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S21.52.25'E WATER EASEMENT S68.07.35'W
N68'07'35•E 3155' TO BE ABANDONED 21
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CAB. M, PG. 130
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(AIRPORT ROAD) (VARIABLE WIDTH)
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LOT 1, BLOCK 1
LEGEND: DENTON DISTRIBUTION CENTER
SIR ~/i SET IRON ROD SITUATED M Tx[
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) CONTROL MONUMENT EUGENE PUCHALSKI SURVEY, ABSTRACT No. 996
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CITY OF DENTON,DENTON COUNTY,TEXAS
PBEPAM By
Basis of Bearing
Is the south property Ilne HALFF z/
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of Lot 1, Block 1
as shown on pla
, Denton Distribution Center, PB. -11 , -
t recorded In Cabinet M.
Page 130 of the
Plat Records of Denton County, Texas. SCALE,I'-IOW ¢14046-6200 AVO,25060 OCT.2007
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