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2007-083ORDINANCE NO. ~O~ ~I - /J ~.3 AN ORDINANCE ABANDONING AND VACATING A SECTION OF DRAINAGE EASEMENT FROM THE PRESERVE :AT PECAN CREEK, LTD., TO CITY OF DENTON RECORDED IN VOLUME 4803 PAGE 555, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, IN THE G. WALKER SURVEY, ABSTRACT NO. 1330; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the underlying fee simple owner, Lumbermans Investment Corporation, for the abandonment of a 0.018 acre drainage easement, all 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 Abandoned Area and has recommended approval; and, WHEREAS, the City Council of the City of Denton, Texas has determined that the Abandoned Area and it is in the public interest to abandon 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 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 abandorunent 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. The Abandonment Area in 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 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -/--1C1 day of (~ , 2007 ~'~0~~~~ PERRY McNEILL, MAYOR ATTEST: JENNIFER WALTERS, BY: APPROVED AS TO LEGAL FORM: EDWIN M. SN}GD~A. CITY ATTOR BY: Page 2 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION BEING all that tract of land in the City of Denton, Denton County, Texas, a part of the GIDEON WALKER SURVEY, ABSTRACT No. 1330, and being a part of that 273.609 acre tract of land conveyed to Lumbermen's Investment Corporation as recorded in Clerk's Document Number 2005-116256, Denton County Deed Records, a part of Lot 1, Block 24, The Preserve at Pecon Creek, Section N, Phase I, an addition to the City of Denton as recorded in Cabinet X, Slide 190, Denton County Plat Records, and being further described as follows: COMMENCING at a one-half inch capped iron rod found at the southeast corner of said Lot 1, said point being the intersection of the west line of Lakeview Boulevard (80 foot right-of-way) dedicated by plat as recorded in Cabinet U, Slide 240, Denton County Plat Records, with the north line of Edwards Road (50 foot right-of-way); THENCE Northeasterly, 18.92 feet with a curve to the right in the east line of said Lot 1, said curve having a central angle of 00 degrees 42 minutes 14 seconds, a radius of 1540.00 feet, a tangent of 9.46 feet, whose chord bears North 21 degrees 30 minutes 21 seconds East, 18:92 feet to a point for corner and the POINT OF BEGINNING of this tract of land; THENCE North 67 degrees 35 minutes 03 seconds West, 26.76 feet to a point for corner; THENCE North 22 degrees 24 minutes 57 seconds East, 30.OD feet to a point for corner; THENCE South 67 degrees 35 minutes 03 seconds East, 26.76 feet to a point for corner in the eost line of said Lot 1, sold point being in the west line of Lakeview Boulevard, from which none-half inch capped iron rod found bears North 24 degrees 06 minutes 45 seconds East, 61.20 feet; THENCE Southwesterly, 30.00 feet with a curve to the left the east line of said Lot 1 said curve having a central angle of 01 , degrees 06 minutes 58 seconds a radius of 1540.00 feet, a tangent of 15.00 feet, , whose chord beors South 22 degrees 24 minutes 57 seconds West, 30.00 feet to the POINT OF BEGINNING and containing 801 square feet or 0.018 acres of lan d. .............. `_ SILVAS X21 ~. Re Silvas, .P.LS. 5921 Date: 12/01/06 ~F~u ~¢ F:~Prolscte~jJ0003\ArgT ABAND.dp Sayad Bx rsNoe Smw Ttrns 72/1/2006 6.37 AY moi nE. woo ma. suin tw • "'"+"c k.Nbll,. T%~OfA •wMUp DRAWN• PROJECT: DATE: mi.w,.swaomm aaewo. n.anwn r.. . 1'emu.ecm RS U0003 1Z 01 06 "ram w~.o,..m EXHIBIT '~' ILLUSTRATION PLAT LUMBERMEN'S INVESTMENT CORP. / DOC. NO. 2005-116256 / LOT 4- C*RAPHIC S ao ~y/ ~ LOT 3 ~f LOT 2 ~ ~ n ESER~ A 24 l lmh g0 R ~qBO N pHq qly R LOT 1 pR2F // k, Sf ~ fEK ~~ 1gp EASEMENT / ABANDONMENT C2 ~ i~--- 1 ~,, L3 j / ~~\ ~ ~ / / fDWgRDS ~ / / Rp GA85X Sow~AD BpLf ~` C3 ~ / 79D (ryp~ ~ L1 P.O.B. / Cl / ~ ~ P.O.C. / 1 /2"CIRF ~~ ~ ~ i PRIVATE DRAINAGE & DETE/NTION ESMT. ~ o ~ I J~3 w I„/ LUMBDOC. N0. 12005n176256~p m~ ~ / _ / I LOT 1, BLOCK 23 ~ o J / I CAB. U. SL. 240 ~"Q / v ~ v /~ 10' BUFFER 1 / & PUE 1 OF / .( / ~ CURVE TABLE •' • • • •••• • • • •'••• N0. DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD RgqE,,N~ SILVAS Ci 0'42'14' 7540.00' 18.92' 9.46' N21'30'27"E 78.92' ~•'••:!D'.~27(~P Q C3 1'06'58" 15 0.00' 30.00' 15.00' 52224'57"W 30.00' 9.L.; ~`5S._~0 Ren Si ws, .L.S. 5927 Date: 12/07/06 UNE TABLE UNE BEARING DISTANCE Lt N6735'03"W 26.76' L2 N2 '24'57"E 30.00' L3 567'35'03"E 26.76' . E,~,.,,,,, Jrisi 68gdhx. •s+Tm~ ID0INE loop6l0. &Y[~,cQ "~ RNb[R T%ll1TI •~~M n>w.uu anu kd+uav~ ana~.an~ru wwpr.y,µ~ • ~~® wao.mrt