ORD 2012-05TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ABANDONING ALL RIGHT, TITLE AND INTEREST OF THE TOWN, IN
AND TO A FIFTEEN FOOT (15') UTILITY EASEMENT GRANTED VIA
FINAL PLAT DATED AND RECORDED IN CABINET 0, PAGE 263,
DOCUMENT NO. 98-R0023236, PLAT RECORDS, DENTON COUNTY,
TEXAS, SUCH PROPERTY BEING LOCATED WITHIN THE TOWN
LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS; QUITCLAIMING
ALL RIGHT, TITLE AND INTEREST OF THE TOWN IN SUCH
EASEMENT TO THE PROPERTY OWNER, NORTHWEST
INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE MAYOR OR
HER DESIGNEE TO EXECUTE ANY DOCUMENTS DEEMED
NECESSARY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Northwest Independent School District (UNISD") is the owner of a
8.635 acre tract of property upon which Beck Elementary School is located; and
WHEREAS, NISD is undertaking a project to expand Beck Elementary School
(the UN ISO Project"); and
WHEREAS, NISD has requested that the Town Council of the Town of Trophy
Club, Texas abandon all right, title and interest of the Town in and to that certain fifteen
foot (15') Utility Easement (hereinafter called "Easement") granted via Final Plat dated
on or about March 26, 1998, recorded in Cabinet 0, Page 263, Document No. 98-
R0023236, Plat Records, Denton County, Texas, which property is located within the
territorial limits of the Town of Trophy Club, Denton County, Texas, and which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by
reference; and
WHEREAS, NISD has granted three (3) new easements to the Town via
separate instrument, which new easements are designated on the Site Plan for the
NISD Project, in order to accommodate the utilities, water lines, and fire hydrants that
are currently located within the Easement; and
WHEREAS, The Town Engineer has advised that the alternate easements that
NISD has provided with the Site Plan for the NISD Project are sufficient to replace the
abandoned Easement, and are sufficient to meet the needs of the NISD Project, and
that there will be no detrimental effect on the Town if the Easement is abandoned, and
has advised that the Easement should be abandoned.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
ORO 2012-05 Page 1 of5
Section I. The foregoing premises are incorporated herein as if written word
for word. All the right, title and interest of the Town of Trophy Club, Texas in and to the
Easement is hereby abandoned, and all right, title and interest of the Town in and to the
Easement is hereby quitclaimed to the Property Owner, Northwest Independent School
District, in accordance with its respective interests. A certified copy of this Ordinance
shall be recorded in the Denton County Plat Records to reflect this abandonment and
quitclaim. The Mayor or her designee, is hereby authorized to execute on behalf of the
Town of Trophy Club, Texas, any instruments necessary to complete the abandonment
and quitclaim of the Easement by the Town.
Section II. The abandonment and quitclaim is without prejudice to any and all
improvements, facilities, equipment or lines of any public utility, whether municipal or
otherwise, if any, which are presently located within any portion of the Easement. Any
such utility to have the continued right to locate, maintain, repair, reconstruct, preserve
or relocate improvements, facilities, equipment or lines in such portion of the Easement.
Section III. The Town Council hereby finds and determines that the
abandonment of the Town's interest in the Easement is in the public interest of the
Town of Trophy Club, Texas, and its citizens, and will inure to the benefit of the public
generally.
Section IV. This Ordinance shall become effective immediately upon its
passage as set forth below.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, on this 20 th day of February, 2012.
ATTEST:
~ \ r
;.{J 1 G.l/U;l ur} / ,)ph DilY
SlYannon DePrater,""'town Secretary
Town of Trophy Club, Texas
[SEAL]
ORO 2012-05
@bnnie White, Mayor
Town of Trophy Club, Texas
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Page 2 of 5
ORD 2012-05
EXHIBIT A
Abandon Easement
Page 3 of5
Abandonment of a portion of a 15' Utility Easement,
Lot 3, Block 1, East Campus Addition,
Town of Trophy Club, Denton County, Texas.
Being a 15.00 foot wide strip of land located in Lot 3, Block 1, East Campus Addition an
addition to the Town Of Trophy Club, Denton County, Texas, according to the plat recorded in
Cabinet 0, Page 263, Plat Records, Denton County, Texas, said strip of land being a portion of
a 15' Utility Easement as shown on said plat of Lot 3, Block 1, East Campus Addition. Said
15.00 foot wide strip of land being more particularly described as follows:
BEGINNING at a point in the South line of said Utility Easement, Lying SOoo27'56"E, a distance
of 179.47 feet and N88°46'47'W, a distance of 28.72 feet from an 1/2" iron rod stamped
BEASLEY RPLS 4050 found at the Northeast corner of said Lot 3, Block 1, East Campus
Addition;
THENCE along said South line and an East line of said Utility Easement as follows:
1. N88°46'47'W a distance of 162.49 feet to a point;
2. N44°06'47'W, a distance of 28.23 feet to a point;
3. N89°06'47'W, a distance of 199.40 feet to a point;
4. SOoo53'13'W, a distance of 198.03 feet to a point;
THENCE N44°07'44"W, a distance of 21.21 feet to a point in a West line of said Utility
easement;
THENCE along said West line and the North West and East lines of said Utility Easement as
follows:
1. NOoo53'13"E, a distance of 198.04 feet to a point;
2. S89°06'47"E, a distance of 220.61 feet to a point;
3. S44°06'47"E, a distance of 28.28 feet to a point;
4. S88°46'47"E, a distance of 89.35 feet to a point;
5. N01 °13'13"E, a distance of 24.50 feet to a point;
6. S88°46'47"E, a distance of 15.00 feet to a point;
7. S01 °13'13'W, a distance of 24.50 feet to a point;
8. S88°46'47"E, a distance of 51.88 feet to a point;
THENCE SOoo50'48'W, a distance of 15.00 feet to the point of beginning, containing 0.214
acres of land.
The bearings recited hereon are oriented to NAD 83 North Central Texas grid.
Herbert S. Beasley
Registered Professional
Land Surveyor 4050
Beck Elementary School
ORD 2012-05 Page 4 of5
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