2004-054AN ORDINANCE BY THE CITY OF DENTON, TEXAS ABANDONING AND
VACATING ITS PUBLIC UTILITY EASEMENTS RECORDED IN VOLUME 1421,
PAGE 168, AND VOLUME 2978, PAGE 915 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS AND BEING IN THE POULALLIER SURVEY,
ABSTRACT NUMBER 1006, DENTON COUNTY, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee
simple owner for the abandonment of all that certain Public Utility Easement dated May
11, 1984 and recorded in the Real Property Records of Denton County under Volume
1421, Page 168 and ail that certain Tract I and Tract II Public Utility Easement dated
May 1, 1991 and recorded in the Real Property Records of Denton County under Volume
2978, Page 915, said easements to be abandoned being particularly described and
depicted in Exhibits "A", "B", and "C" attached hereto and made a part hereof by
reference (the "Abandonment Area"); and,
WHEREAS, the City Council approved Ordinance Number 2003-236 authorizing
an agreement between the City of Denton and Teasley Denton CVS, L.P. for
abandonment of the Abandonment Area upon relocation and acceptance by the City of
utilities (the "Relocated Utilities") from the Abandonment Area to a Public Utility
Easement recorded in Final Plat of Lot 1, Block A, Teasley Commons, an Addition to the
City of Denton, Texas, recorded in Cabinet V, Page 136 of the Plat Records of Denton
County, Texas(the "New Easement Area"); and,
WHEREAS, the Relocated Utilities have been relocated to the New Easement
Area with. said utilities being accepted by the City of Denton Engineering Department;
WHEREAS, the City Council hereby f'mds and determines that the Abandonment
Area is not needed for utility easement purposes and it is in the public interest to abandon
the Abandonment Area and the City's interests therein to the underlying fee owner,
Teasley Denton CVS, L.P. ("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 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, TEXAS, HEREBY ORDAINS:
SECTION 1. The recitations and fmdings 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 c~A~ dayof 6~/ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY: ~'c/"~t.~
Page 2
EXHIBIT
Ma tall LanCaster & Associates;...~c. Consulting Land Surveyors
commercial, retail and Industrial construction surveying · land title surveys · topography · 8ubdlvlslon platting
18§4 North Norwood Drive, Suite E, Hurst, TX 76054
metro (817) 268-8000 fax (817) 282-2231 www. mla-survev,com
LEGAL DESCRIPTION
UTILI'rY EASEMENT ABANDONMENT
(SEE ATTACHED EXHIBIT)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE C. POULALLIER SURVEY, ABSTRACT NO,
1006~ CiTY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL OF THAT LAND DESCRIBED iN DEED TO THE CITY OF
DENTON. RECORDED IN VOLUME 1421, PAGE 168, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS.
July 23, 2003
EXHIBIT "B"
Mar~'hali r. afmaster ~ Associates,'lrtC.
Consulting Land Surveyors
commercial, retail and industrial construction surveying · land title surveys · topography · subdivision platting
18~4 No~h No~ood Drive, Suite E, Hurs~ TX 760~
metro (~17) 268-~000 fax (817) 282-2231 ~.mla-suwev.com
LEGAL DESCRIPTION
UTILITY EASEMENT ABANDONMENT
(SEE ATTACHED EXHIBIT)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE C. POULALLIER SURVEY, ABSTRACT NO.
1006, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL OF TRACTS 1 AND 2 OF THAT LAND DESCRIBED IN
DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 2978, PAGE 915, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS.
~RPLS~4873
July 23, 2003
TO BE Ng~.NDONED
EXHIBIT "C" .~ ~ r,. ~murr ~se.~T
'~: T~SL~ ~NE ~o ~ c~ o~ ~oN
-~ VOLUME 2978, P~E 915,
66.~' '~.10 17.~ ~
5 89'49'26'E 205'
DENTON INDET~ENDENT
SCHOOL DIS'I~ICl'
VOLUME gTgo PAGE 174,
RPRDCT
TO BE ABANDONED
TEASLEY COMMONS, LTD YELLOW pLASTiC
VOLUME 5320, PAGE 2275
RPRDCT
L'
~LLOW eu~snc c~ 7g.48
'-- ~. DOCUMEhq' NO.
s ~'~ ~.5a s oro~'~
LEGEND
WITH ALUMINUM
~ I~1 // I MARSHALL LANCAS~R ~ ASSOCIA~S, INC.
~ I zl // I CONSUL~NO ~O SUR~RS
1864 NOR~ NORWOOD DRi~. SUI~ E
SC~E: t'-lao' I (817) 268-8000 ¢A~ (817~ 282-2251