2003-387ORDINANCE NO. 2 OD 3 - -3$ 7
ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
MAYHILL ROAD INVESTORS, L.P. FOR THE PARTIAL ABANDONMENT OF A PUBLIC
UTILITY EASEMENT DATED AUGUST 13,1991 AND RECORDED IN THE REAL
PROPERTY RECORDS OF DENTON COUNTY UNDER VOLUME 3047, PAGE 778 AS IT
AFFECTS LAND OWNERS REAL PROPERTY AS DESCRIBED IN EXHIBIT "A" AND
ILLUSTRATED IN EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF
BY REFERENCE AND BEING LOCATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT
NUMBER 950, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
DENTON AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Easement Abandonment Agreement between the City of Denton and
Mayhill Road Investors, L.P. in substantially the form of the agreement attached hereto and
made part of the ordinance for all purposes (the "Agreement") is hereby approved.
SECTION 2. The City Manager or his designee is hereby authorized to execute the
Agreement on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ;Zl%dl day of tL9-~ '2003.
Act,
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:(~IX C C (VGGLi lif tU//L , 1~ 09 L'
APPROVED AS TO LEGAL FORM:
HERBERT L. P&01917Y. CITY ATTORNEY
BY:
EASEMENT ABANDONMENT AGREEMENT
THIS AGREEMENT is entered into effective as of the date set forth below by and
between the City of Denton, Texas, a home rule municipal corporation (the "City") and Denton
Mayhill Road Investors, L.P. (the "Landowner").
WHEREAS, the Landowner has made application requesting partial abandonment of a
Public Utility Easement dated August 13, 1991 and recorded in the Real Property Records of
Denton County under Volume 3047, Page 778 as it affects land owners real property as described
in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference
(referred to as the "Existing Easement'); and
WHEREAS, upon acceptance of the Final Plat, North Texas Surgical Hospital, the
Landowner will be dedicating a Public Utility Easement (the "New Easement'); and
WHEREAS, the Landowner has agreed to relocate all existing utilities currently located
in the Existing Easements to the New Easement; and
WHEREAS, the City agrees to abandon the Existing Easements upon relocation by
landowner and acceptance by the City of the relocated utilities to the New Easement
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein
the City and the Landowners hereby agree as follows:
1. The City shall abandon the Existing Easement upon completion of the removal of
the existing utilities from the Existing Easement and the installation of the relocated utilities in
the New Easement.
2. The Landowner shall provide to the City written confirmation from each affected
franchise utility acknowledging that their respective utilities have been relocated to an alternative
location and abandoned from the Existing Easements.
3. The City Council of the City and the Landowner have duly authorized this
Agreement and the execution of same by the officers or agents who have signed below on their
behalf.
In imess Whereof, this Agreement has been executed by the parties to be effective this
the e!;?I)u , day of 2003.
CITY OF DENTON AAGER
ByMI AEL OUFF, ITY
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: l]
APPROVED AS TO LEGA RM:
HERBERT L. UTY, Y ATTORNEY
By
BY:
DENTON MAYHILL ROAD INVESTORS, L.P.
A TEXAS LIMITED PARTNERSHIP
BY:
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APPROVED AS TO FORM
BY:
CAprojectsORMCtEasement Abandonment Agrcemcnt.doe
Page 2
EXHIBIT "A"
FIELD NOTES DESCRIBING AN EXISTING
UTILITY EASEMENT TO BE ABANDONED
BEING 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 a 25.74 acre tract described by deed to
Denton Mayhill Road Investors, L.P., a Texas limited partnership, as recorded in Volume 5408,
Page 2692 of the Property Records of Denton County, Texas, and being more particularly
described as follows:
COMMENCING at a 1/2-inch found iron rod in the east right-of-way line of Mayhill Road (a
120-foot right-of-way), as recorded in Cabinet F, Page 125 of the Plat Records of Denton
County, Texas, said point being at the southwest end of a corner 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 East, along said comer clip a distance of
22.24 feet to a 1/2-inch found iron rod in the south right-of-way line of said Colorado Boulevard,
said point being on a non-tangent curve to the left having a radius of 538.17 feet, and whose
chord bears North 77 degrees 40 minutes 36 seconds East for 159.52 feet;
THENCE Northeasterly, along said south 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 to the POINT OF BEGINNING, said point being a radius of 538.17 feet,
and whose chord bears North 62 degrees 04 minutes 14 seconds East, a 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 132.72 feet, through a central angle of 14 degrees 09
minutes 59 seconds for an arc distance of 133.06 feet to a point for comer;
THENCE South 35 degrees 06 minutes 53 seconds West, departing said south right-of-way line
of Colorado Boulevard, a distance of 255.49 feet to a point for corner;
THENCE South 21 degrees 40 minutes 13 seconds West, a distance of 162.19 feet to a point for
comer;
THENCE South 15 degrees 12 minutes 45 seconds West, a distance of 538.39 feet to point for
comer on the most southwesterly line of said 25.74 acre tract of land;
THENCE North 39 degrees 20 minutes 09 seconds West, along 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 910.00 feet, and
whose chord bears North 08 degrees 27 minutes 31 seconds East for 139.14 feet;
THENCE Northeasterly, along said east right-of-way line and along said curve to the left,
through a central angle of 08 degrees 46 minutes 09 seconds, an arc distance of 139.28 feet to a
point for corner;
THENCE North 04 degrees 08 minutes 10 seconds East, continuing along said east right-of-way
line, a distance of 189.66 feet to a point for comer;
THENCE North 14 degrees 44 minutes 25 seconds East, departing said east right-of-way line, a
distance of 86.50 feet to a point for corner;
THENCE North 15 degrees 04 minutes 54 seconds East, a distance of 124.49 feet to a point for
corner;
THENCE North 26 degrees 08 minutes 31 seconds East, a distance of 233.14 feet to a point for
corner;
THENCE North 33 degrees 27 minutes 07 seconds East, a distance of 83.25 feet to the POINT
OF BEGINNING AND CONTAINING 43,208 square feet or 0.992 acres of land, more or less.
The intent of this document is to describe all of the portions of Mayhill Road abandoned by City
of Denton, Texas Ordinance No. 91-122, filed for record in Volume 3047, Page 778, in the
Property Records of Denton County, Texas, that falls within the limits of the referenced 25.74
acre tract described in Volume 5408, Page 2692, Property Records of Denton County, Texas.
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