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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: S.\Rcal EsOPmjmts\R0W Shared\CityComcih2003 City Comcil Itm Mugmt5,2003\CVS En mt AbmdonmmM-CVSEu=mt Abmdoommt Agmmmtdm Page 2 Hi ~Z ~kca217T/~~3 ~L 1U1Z1~1 1c, City of Denton Engineering Department City Hall East 601 E. Hickory, Suite B Denton, Texas 76205 Attention: Paul Williamson 5393 3409 ANY PR_VI. ION HCTI:i C::.:_'y'.=-'i -5=1. Cr ' L O? THE JCS:}:INFO RE:A >vDPEiR'1 y:1cJ V v% L9 -A OR EAf: 15 INVAUO AND U>liiM1fO OEADLF UNCFA PEOPRN. Ow THE:: iATC OF TEYAS1 COUNTY OF JENTJN I Bert yceMly I'nm Ilas FOIMnNI was FIILO it r..In Fm NPMIl, *"Ln m TO Wb an0 Me-4M eNmpfO hamisl by M[ a.J wne UGY RELUAOED. In M OFWal Publin Ra;,MJs d RN PM,Mft el Ormm (hung Tom on AUG 11 2003 pF bEH%yC n ,e, , q c 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