2007-084ORDINANCE NO. o?~OrJ-'O~ `{'
AN ORDINANCE ABANDONING AND VACATING A PUBLIC UTILITY
EASEMENT FROM CARROLLTON INVESTMENT COMPANY TO CITY OF
DENTON RECORDED IN VOLUME 575, PAGE 149 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS, IN THE M. YOACHUM SURVEY, ABSTRACT NO.
1442; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee
simple owner, Maple Leaf Homes of the Oaks, Ltd., for the abandonment of a 0.34 acre
public utility 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 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. 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 / /~/L day of , 2007
Q - ~;~
PERK cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO EGAL FORM:
EDWIN M. SNY CITY ATTORNEY
BY:
Page 2
EXHIBIT A
15' CITY OF DENTON
ELECTRICAL RIGHT-0F-WAY EASEMENT
FIELD NOTES to all that certain tract of land situated in the M. Yoachum. Survey Abstract
Number 1442, in the City artd Courtly of Derttat Texas and being a part of the called 11.41 acre
Tract 1 desa>bed M the deed from porrak! C. Schmidt eLux. to Maple Leaf Homes of Ridgerrsori,
LTD recorded in Vdume 5197 Page 1558 of the Real Property Records of Derdon County,
Texas, and a part Of that certain tract desditred In the deed from Billy Joe and Nellie E. Martin to
John Tysseland. recorded in Volume 888 Page 512 of the Deed Records of Denton County,
Texas the subject easement ~9 previously grarrted as 15 feet in width, from Carrollton
Investmerd Company to the City of Derdort recortled in Vohane 575 Page 149 of the Deed
folR~~ of Denton Cdrnty, Texas; the subject easemerd ~~ rrrore PAY as
BEGINNING for the Southeast comer of the easement being described herein at a 1/2' iron rod
found for the Southwest comer of said Traci I! descnbed In said Maple f_eaf Horner deed artd
beirg on Ure East fine of said Tysselartd tract
THENCE North 80 degrees 24 minutes 00 seconds West with g>e Soulh 8ne of said 15 foot
easement a distance of 15.29 feet to the Southwest comer of said easemerd•
THENCE NoM 01 degrees 52 mdtrries 15 seconds West with the West line of said easement a
drsience of 882.85 feet to the North comer of said easement;
TtfENCE NoAh ~ dplees ~ ~~ ~ seconds East wiUr the North line thereof a datance of
15.00 feet to the Northeast rbmer of said easemerd;
THENCE SouN 01 degrees 52 minutes 15 seconds Easy with the East line of said easement a
d of 886.67 feet to the PLACE OF BEGINNING and errdosirtg 0.34 acres of tarrd more or
less. and ttrese Field Notes brtendarg To descdbed in d's erdiiely the said 15 foot easerrrertt above
merrtiorted and recorded.
Those Field Ndes were prepared from an orr•ttte-ground survey made under my direction end
supervision trt No ember 2003.
Z TJ y~/
~ rchael J. Kam RPLS~ 4158 _ paw
EXHIBIT A
~~ۥs s~vY ..
LEGEND
C.M.a CONTROL MONUMENT
IRF =IRON ROD FOUND
IRS/C = 1/2' IRON ROD
SET WfTH CAP
= DEED OR PLAT CALL
O.R.= DEED RECORDS
P.R.= PLAT RECORDS
M.R. = MAP RECORDS
R.P.R.= REAL PROPERTY REC
~ =PROPERTY CORNER
OR MONUMf]iT
~ =SURVEY CORNER
D.E a DRAINAGE EASEMEM
U.E = UTIUTY EASEAIEM
D.&U.E.= ORNNAGE ~t UTIUIY
EASEaAENf
D.L= E1UIU)ING UNE
PROPERTY UNE
ADJACENT PROP LW
_ - - _ EASEMIM UNE
'------DUIUNNG UNE
N85'09'00"E
15.00'
wYp AesTawt ~°q2
15' U.E.
~~ CffY OF DENT
NN VOL 575 PG_
'tea ~ TO BE ABAND
N
~ W
~ ~
N ~
N ~
O1
.s vaa- p1 ~~
.nw rrsm,wo
w~ ae4 vc siz
ox
~ N80'24'00"W
149 D.R.
I 15.29~~ n~ I I
N 200 too 0 200 400 600
SCALE: 1 " = 200'
Project: C02759
Drown by: JPH ~ ~~
Chked by: MJK Consultants in Engineering
Scats: i ° = 200' anct Planning
Dots:
02/03/04 L406 A. ChePmaa Rive. /ppp ~ 9an`c, Soma 78298
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