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Home My WebLink About1998-042ORDINANCE NO V"D� AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUMN 1979, PAGE 210, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the partial abandonment of a certain drainage easement, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the drainage easement being partially vacated is no longer needed for public use, and WHEREAS, the fair market value of the drainage easement has been determined and received, as required by section 272 001 of the Texas Local Government code and DENTON, TEX , CODE ch 2 art IV (1991), NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the portion of the drainage easement described in Exhibit A, attached hereto and incorporated herein by referenced, and recorded in Volume 1979, Page 210 of the Real Property Records of Denton County, Texas, is permanently vacated and extinguished as a public easement, to the extent described in said exhibit, provided however, that there is expressly reserved a public drainage easement evidenced by a document executed by G Brad Grant, Becky J Grant, and Charles A Grant, Jr on July 7, 1996, filed as document 071535 in the Real Property Records of Denton County, Texas, wherein a relocated drainage easement was granted to the City of Denton, a true and correct copy of which is attached hereto and incorporated by reference herein as Exhibit `B" SECTION II. That by reason of such vacation the City of Denton's property interest in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as a public easement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the l / day of 1990, JACK UlLaR, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY a_ APPR EtAT(O LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY s \shared\ordmanm\volumn 1979easement doc "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the M.E.P. & P.R.R. Company Survey, Abstract Number 927, and being part of a tract to B.J. Hays recorded in Volume 1717, Page 406 of the Real Property Records of Denton County, Texas, and being all of a tract conveyed from B.J. Hays to the City of Denton by easement deed recorded in Volume 1979, Page 210 of the R.P.R.D.C.T. and being more particularly described as follows: BEGINNING for the southwest corner of the tract being described herein; said point bearing South 000 33' 00" West, 641.39 feet and South 890 27' 00" East, 117.60 feet from the northwest comer of said Hays tract; THENCE North 310 53' 54" East, a distance of 72.95 feet to a point for comer; THENCE South 890 27' 00" East, a distance of 112.70 feet to a point for comer; THENCE North 540 02' 29" East, a distance of 32.87 feet to a point for comer; THENCE North 170 31' 58" East, a distance of 166.64 feet to a point for comer, THENCE North 630 00' 00" East, a distance of 131.76 feet to a point for comer, THENCE North 280 51' 26" East, a distance of 105.11 feet to a point for comer, THENCE North a distance of 195.29 feet to a point for the northwest comer of the herein described tract, THENCE South 890 51' 25" East, parallel with and 30 feet in a southerly direction from the north line of said Hays tract, a distance of 39.90 feet to a point for the northeast comer of the herein described tract; THENCE South a distance of 205.66 feet to a point for comer; THENCE South 280 51' 26" West, a distance of 127.48 feet to a point for comer; THENCE South 630 00' 00" West, a distance of 127 29 feet to a point for comer; THENCE South 170 31' 58" West, a distance of 199.93 feet to a point for the northern southeast comer of the herein described tract; THENCE North 89° 27' 00" West, a distance of 140.28 feet to a point for comer; THENCE South 310 53' 54" West, a distance of 26.11 feet to a point for the southeast comer of the herein described tract; THENCE North 890 27' 00" West, a distance of 46.84 feet to the POINT OF BEGINNING and containing 0.763 acres of land. 9-20-96 -rud-r V Y I I J y03 y CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 0131z, o 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 98-042 as approved by the City of Denton City Council on February 17, 1998 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 20th day of February, 1998 CI SEC ARY CI OF DENTON, TEXAS U34 01720 ORDINANCE NO �J - AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUMN 1979, PAGE 210, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the partial abandonment of a certain drainage easement, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the drainage easement being partially vacated is no longer needed for public use, and WHEREAS, the fair market value of the drainage easement has been determined and received, as required by section 272 001 of the Texas Local Government code and DENTON, TEX , CODE ch 2 art IV (1991), NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the portion of the drainage easement described in Exhibit A, attached hereto and incorporated herein by referenced, and recorded in Volume 1979, Page 210 of the Real Property Records of Denton County, Texas, is permanently vacated and extinguished as a public easement, to the extent described in said exhibit, provided however, that there is expressly reserved a public drainage easement evidenced by a document executed by G Brad Grant, Becky J Grant, and Charles A Grant, Jr on July 7, 1996, filed as document 071535 in the Real Property Records of Denton County, Texas, wherein a relocated drainage easement was granted to the City of Denton, a true and correct copy of which is attached hereto and incorporated by reference herein as Exhibit `B" SECTION II, That by reason of such vacation the City of Denton's property interest in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as a public easement SECTION III That this ordinance shall become effective immediately upon its passage and approval 4034 0 132 1 PASSED AND APPROVED this the —day of 1990, S;44f�'� JACK CIUtR, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR rED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY s \shared\ordmance\volumn 1979easement doe 4034 01722 "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the M.E.P. & P.R.R. Company Survey, Abstract Number 927, and being part of a tract to B.J. Hays recorded in Volume 1717, Page 406 of the Real Property Records of Denton County, Texas, and being all of a tract conveyed from B.J. Hays to the City of Denton by easement deed recorded in Volume 1979, Page 210 of the R.P.R.D.C.T. and being more particularly described as follows: BEGINNING# for the southwest corner of the tract being described herein; said point bearing South 000 33' 00" West, 641.39 feet and South 890 27' 00" East, 117.60 feet from the northwest corner of said Hays tract; THENCE North 310 53' 54" East, a distance of 72.95 feet to a point for corner, THENCE South 890 27' 00" East, a distance of 112.70 feet to a point for corner; THENCE North 540 0212911 East, a distance of 32.87 feet to a point for corner, THENCE North 17° 31' 58" East, a distance of 166.64 feet to a point for corner, THENCE North 630 00' 00" East, a distance of 131.76 feet to a point for comer, THENCE North 280 51' 26" East, a distance of 105.11 feet to a point for comer; THENCE North a distance of 195.29 feet to a point for the northwest comer of the herein described tract; THENCE South 890 51' 25" East, parallel with and 30 feet in a southerly direction from the north line of said Hays tract, a distance of 39.90 feet to a point for the northeast comer of the herein described tract; THENCE South a distance of 205.66 feet to a point for comer, THENCE South 280 51' 26" West, a distance of 127.48 feet to a point for comer, THENCE South 630 00' 00" West, a distance of 127.29 feet to a point for comer, THENCE South 170 3115811 West, a distance of 1".93 feet to a point for the northern southeast comer of the herein described tract; THENCE North 890 27' 00" West, a distance of 140.28 feet to a point for comer, THENCE South 310 53' 54" West, a distance of 26.11 feet to a point for the southeast comer of the herein described tract; THENCE North 890 27' 00" West, a distance of 46.84 feet to the POINT OF BEGINNING and containing 0.763 acres of land. 9.20-96 P5:r4,2fJ -FO, a�--iOEIOroti 4034 01723 Z Z� (,1 el-A-1 -�;rPJEET �&YTONl TK -7 6 zo AMNt I- Pg(-(L Oj (—LI RMSon1 ?U&t,vee4eW (- „t F r- `3 u ; 1"", Illed for Record in ULNIUN L3UNly, Ix I I MOkAbLE i 111 HUDU S/CDUN1 Y CLERK tln F eb 20 19,38 At 4 30pm Doc/Num 98-k001i130 Doc/1 kecordinq. 1LU00 Doc/Iggmt 6 00 kecexppt ". 6248 Deputy - Lhf�ryL ATTEST JENNIFER WALTERS, CITY SECRETARY BY L APPR ED AS O LEGAL FORM HERB'ERT L PROUTY, CITY ATTORNEY s \sharedWrdinmce\filenumber3881 dac "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the B.B.B 6 C R R Company Survey, Abstract No. 186 and also being part of a 4 0012 acre tract conveyed to Trans -Atlas Financial, Inc by deed recorded in Volume 2954, Page 472 of the Real Property Records of Denton County, Texas and being part of a drainage and sewer easement from H.D Roberts and wife, Stella Roberts to the City of Denton by easement deed on March 3M, 1960 and recorded with Clerk's File Number 3881 more particularly described as follows: COMMENCING at the southeast corner of said 4 0012 acre tract, same being the intersection of the west right-of-way line of Stuart Road and the north right-of-way line of Windsor Drive, THENCE South 820 43' 50" West along the south line of said 4.0012 acre tract and the north right-of-way line of Windsor Drive a distance of 102 69 feet to a point for corner, said point being the beginning of a curve to the left whose radius bears South 070 16' 10" East a distance of 1,714.48 feet and whose central angle is 020 17' 3211, THENCE southwesterly along said curve, same being the north line of Windsor Drive, an arc distance of 68.59 feet to the POINT OF BEGINNING, said point being the beginning of a curve to the left whose radius bears South 090 33' 42" East a distance of 1,714.48 feet and whose central angle is 010 34' 17"; THENCE southwesterly along said curve, same being the north line of Windsor Drive, an arc distance of 47.02 feet to a point for corner; THENCE North 530 37' 12" East a distance of 258.19 feet to a point for corner, said point lying on a southerly line of a drainage and public utility easement granted to the City of Denton by easement deed recorded as 96-R0073328 in the Real Property Records of Denton County, Texas, THENCE North 750 51' 14" East along the southerly line of said easement a distance of 6.18 to a point for corner, said point lying on the most southerly east line of said 4.0012 acre tract and the west line of Stuart Road, THENCE South 000 58' 36" East along said lines a distance of 22.45 feet to a point for corner; THENCE South 530 37' 12" West a distance of 208.66 feet to the POINT OF BEGINNING and containing 4,880 square feet of land 10-21-97 monfnl doc 4034 01331 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS CITY OF DENTON 0131az 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 98-043 as approved by the City of Denton City Council on February 17, 1998 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 20th day of February, 1998 SEC TARY ,io . �r�NTONJEXAS