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2005-039O ANCE NO. AN ORDINANCE ABANDONING AND VACATING AN APPROXIMATE 0.992 ACRE PORTION OF THAT CERTAIN PUBLIC UTILITY EASEMENT DATED AUGUST 13, 1991 RECORED IN VOLUME 3047, PAGE 778 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE; WHEREAS, on December 2, 2003 the City of Denton and Denton Mayhill Road Investors, L.P. (the "Owner") entered into an Easement Abandonment Agreement (the "Agreement") providing for the abandonment of a portion of a public utility easement dated August 13, 1991 recorded in volume 3047, page 778 of the Real. Property Records of Denton County, Texas (the "Public Utility Easement") upon the fulfillment of certain conditions, said portion of the Public Utility Easement to be abandoned being approximately 0.992 acre as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Abandoned Easement"), and WHEREAS, all conditions precedent provided for in the Agreement have been fulfilled, including the dedication to the City of the New Easement, the relocation of City utilities to the New Easement, and written confirmation from all affected franchise utilities that their facilities have been abandoned from the Abandoned Easement and relocated to an alternative location; and WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the Abandoned Easement is no longer needed for public use, and WHEREAS, this is abandonment meets the requirements of Chapter 272 of the Texas Local Government Code because the abandonment is to the underlying fee owner who has dedicated a New Easement which is equal to or greater in value than the Abandoned Easement; 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 Abandoned Easement is hereby permanently vacated, abandoned, and extinguished as a public easement. This ordinance does not affect any portions of the Public Utility Easement other than the portion described as the Abandoned Easement herein. SECTION 3. By reason of such abandonment and vacation the City of Denton's property interest in the Easement shall, by operation of law, revert to the underlying fee Page 1 owners abutting the Abandoned Easement, and the City of Denton releases any and all claims to the use of the abandoned and vacated property as a public easement. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~day of~~ , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGA~L FORM: BY: Page 2 EXI~BIT "A" p'~m .r) NOTES DESCRIBING AN EXISTLNG UTILITY EASEMENT TO BE ABANDONED BF_.INO a 0.992 acre tract of land situated in the M,E,P, & P.R.R., CO, Survey, Abstract No. 950, City of Denton, Denton County, Texas, and being part of · 25.74 acm tra~t described by deed to Denton Mayhill Road Investom, L.P., a.Texas limited part~c, rship, as recorded in Volume 5408, Page 2692 of the Property Records of Denton County, T~xas, a~d being more particularly d~smibed as follows: COMIvlENCING at a l/2-1nch fotmd iron md in the east right-of-way line of Mayhill Road (a 12D-~oot right-of-way), as recorded in Cabinet F, Page 125 of the Plat Records of Denton County, Texas, said point being al the southwest end of a comer clip at the intersection of said east right"of-way line with the south right"of-way line of Colorado Boulevard; THENCE North 45 degrees 29 minutes 16 seconds 'Hast, along said comer clip a d/stance of 22.24 feat to a l/2-inch found iron rod in the south right-of-way line of said Colorado Boulevard, · said point bring on a non-tangent curve to the left having a radius of 538.17 feet, and whose ohurd hears North 77 degrees 40 minnt~ 36 seconds East for 159.52 feet; THENCE Northeasterly, along said sooth right-of-way line of Colorado Boulevard and along . said curve to the left, through a central angle of 17 degrees 02 minutes 44 seconds for an arc distance of 160.11 feet m the POINT O1~ BEGINNINO, said point being a radius of 538.17 feet, and whose chord bears North 62 degrees 04 minutes 14 seconds East, n distance of 132.72 feet; THENCE Northeasterly, continuing along said curve to the left whose chord bears North 62 degrees 04 minutes 14 seconds East for 1'12.72 feet, through a central angle of 14 degrees 09 minutes 59 seconds for an arc diatance of 133.06 feet to a point for comgr; THENCE South 35 degrees 06 minutns 53 seconds West, departing said south right-of-way line of Colorado Boulevard, a distance of 255.49 feet to a point for comer; TI-IENCE South 21 degrees 40 minutes 13 seoomis 'West, a distance of 162.19 feel m a point for comar; Ti:IF_..NCE South 15 degrees 12 minutes 45 seconds Wast, a distance of 538.39 feet to point for comer on the most southwesterly line of said 25.74 acm tract of land; TI-I~NCE I',[orth 39 degrees 20 minutes 09 seconds Wast, ~ong said southwesterly line, a distance of 9.93 feet to a point for comer on the aforementioned east right-of-way line of Mayhill Road, said point being on a non-tangent curve to the left having a radius of 910.0o feet, and whose chord bears North 08 degrees 27 minutes 31 seconds East for 139.14 feet; TI-I~NCE Northeasterly, along said east fight-of-way line and along said curve m the left, through a central angle of 08 degrees 46 minutes 09 seconds, an arc distance of 139.28 feet to a polnt for comar', THF.,NCE North 0~- degrens 08 .mlnut~s 10 seconds East, continuing along said cast right-of-way line, a distance of IB9.66 ~ect to a point for comer, THENC~ North 14 degrees 44 minutes 25 second~ EusL depaxtlng sa~d east right-of-way lin~, u distance of B6.50 feet to u point for corner, TI-IF-,NCE North [5 degrees 04 miimt~s 54 seconds Bust, a distance of 124.49 fe~t to a point for THE, NEE North 26 d~grees 08 minutm 31 seconds East, a distanc~ of 233.14 feet to a point for eomgr; THENCE North 33 degrees 27 minutes 07 seconds East, a distance of 83.25 foot to the POINT OF BEGINNINO AND COI'Et'AININO 43,208 square feet or 0.992 aems of land, more or lass. The ihtent of this doi:umeat is to dascdbe all of the porttong of Mayhill Road abandoned by City of Denton, Texas Ordinance N'o. 91-122, filed for record in Volume 3047, Page 778, in the Property Rocords of Denton County, Texas, that fulls within tho 1/mits of the rderensed 25.74 asr~ tract described in Volume 5408, Pago 26~2, Property Records of Denton County, Texas.