2003-236S:\Our Documents\0rdmances\03\CVS Abandonment Agreement Approval.doc
ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND TEASLEY DENTON CVS, L.P. FOR THE ABANDONMENT OF CERTAIN 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 NO. 1006; 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
Teasley Denton CVS, 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 ! C day of 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, 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 Teasley
Denton CVS, L.P. (the "Landowner").
WHEREAS, the Landowner has made application requesting abandonment of a Public
Utility Easement dated May 11, 1984 and recorded in the Real Property Records of Denton
County under Volume 1421, Page 168 and Tract 2 of Public Utility Easement dated May 1, 1991
and recorded in the Real Property Records of Denton County under Volume 2978, Page 915
(collectively referred to as the "Existing Easements"); and
WHEREAS, the Landowner has dedicated 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); 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 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 Easements upon completion of relocation and
removal of the existing utilities from the Existing Easements to the New Easement. The relocated
utilities shall be inspected and accepted by the City prior to the City's abandonment of the
Existing Easements.
2. The Landowner shall provide to the City written confirmation from all franchise
utilities relocated and removed 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 Witness Whereof, this A eement has been executed by the parties to be effective this
the 5A-, day of - 2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
HERBERT L. pkqUTY, CITY ATTORNEY
BY:
TEASLEY DENTON CVS, L.P.,
A TEXAS LIMITED PARTNERSHIP
BY: CVS 5962 GENERAL INC.,
A NEW HAMPSHIRE CORPORATION,
IT'S GENERAL PARTNER
57
BY:
TIMOTHY E. KRA$ER, LEGAL COUNCIL,
TIMOTHY E. KRAMER
ASST. SEC'YJSENIOR LEGAL COUNSEL
APPROVED AS TO FORM
BY:
S:Vtml EstTmjects\ROW Shmc&City Comcil2003 City Comcil It Muguat 5, 2003[CVS Easement AbmdonmmM-CVS Easement
Abmdanment Agaeemmtdm
Page 2
5393 3405
CERTIFICATE OF CITY SECRETARY 130167
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
I, the undersigned City Secretary of the City of Denton, Texas, (the "City") DO HEREBY
CERTIFY that according to the records of the City of which I am custodian, that:
the attached is a true and accurate copy of Ordinance No. 2003-236 as approved
by the City of Denton City Council on August 5, 2003.
TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 11th
day of August, 2003.
C S C TARY
Y OF DENTON, TEXAS
` S:\Our Documents\0rdmances\03\CVS Abandonment Agreement Approval.doc 5393 3406
ORDINANCE NO. of MS-AJ~
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND TEASLEY DENTON CVS, L.P. FOR THE ABANDONMENT OF CERTAIN 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 NO. 1006; 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
Teasley Denton CVS, 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 s day of 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: w 11A
AP OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
5393 3401
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 Teasley
Denton CVS, L.P. (the "Landowner').
WHEREAS, the Landowner has made application requesting abandonment of a Public
Utility Easement dated May 11, 1984 and recorded in the Real Property Records of Denton
County under Volume 1421, Page 168 and Tract 2 of Public Utility Easement dated May 1, 1991
and recorded in the Real Property Records of Denton County under Volume 2978, Page 915
(collectively referred to as the "Existing Easements"); and
WHEREAS, the Landowner has dedicated 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); 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 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 Easements upon completion of relocation and
removal of the existing utilities from the Existing Easements to the New Easement. The relocated
utilities shall be inspected and accepted by the City prior to the City's abandonment of the
Existing Easements.
2. The Landowner shall provide to the City written confirmation from all franchise
utilities relocated and removed 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 Witness Whereof, this A Bement has been executed by the parties to be effective this
the, day of Off, 2003.
5393 3408
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: IJ-)A JZta
APPROVED AS TO LEGAL FORM:
HERBERT L. CITY ATTORNEY
BY:
TEASLEY DENTON CVS, L.P.,
A TEXAS LIMITED PARTNERSHIP
BY: CVS 5962 GENERAL INC.,,
A NEW HAMPSHIRE CORPORATION,
IT'S GENERAL PARTNER
BY:
TIMOTHY E. KRAPER, LEGAL COUNCIL'
TIMOTHY E. KRAMER
ASST. SECTJSENIOR LEGAL COUNSEL
APPROVED AS TO FORM
BY:
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Abmdoommt Agmmmtdm
Page 2
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City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson
5393 3409
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INVAUO AND U>liiM1fO OEADLF UNCFA PEOPRN. Ow
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COUNTY OF JENTJN
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AUG 11 2003
pF bEH%yC
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COUNTY CLERK
OENTON COUNTY. TEMA n * J.
DRTFN C86400~1 in:
CYNTHIA MITCHELL, COUNTY CLERK
On Au~ 11 2003
At ~:42pm
Receipt
49031
Recording:
11.00
Doc/Mgmt :
6.00
Doc/Num : 2003
-R0130167
Doc/T pe .
OR
Deputy -ERIN