HomeMy WebLinkAbout1998-0434034 U 1 "132
ORDINANCE NO
AN ORDINANCE PARTIALLY VACATING A CERTAIN SEWER AND DRAINAGE
EASEMENT FROM H D ROBERTS AND WIFE, STELLA ROBERTS TO THE CITY
OF DENTON BY EASEMENT DEED ON MARCH 3rd, 1960 AND RECORDED
WITH CLERK'S FILE NUMBER 3881, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Denton has received a request for the partial
abandonment of a certain sewer and 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
sewer and drainage easement being 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 sewer and drainage easement described in
Exhibit A, attached hereto and incorporated herein by referenced, and recorded with the
Clerk's File Number 3881, is permanently vacated and extinguished as a public
easement, to the extent described in said exhibit
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 jj#day of Pi %a�,
19903
JACCMfLLER, MAYOR ,
4034 01333
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY LVO.Z-
APPR ED AS O LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ���� u ✓ ^ -
s\shared\ordinance\filenumber3881 doc
4034 01734
"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 3s6, 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' 32",
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 09° 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 75° 51' 1411 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 00° 58, 36" East along said lines a distance of 22.45 feet
to a point for corner;
THENCE South 53° 37' 12" West a distance of 208.66 feet to the POINT OF
BEGINNING and containing 4,880 square feet of land.
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Deputy Gheryl
ORDINANCE NO -D*3
AN ORDINANCE PARTIALLY VACATING A CERTAIN SEWER AND DRAINAGE
EASEMENT FROM H D ROBERTS AND WIFE, STELLA ROBERTS TO THE CITY
OF DENTON BY EASEMENT DEED ON MARCH 3rd, 1960 AND RECORDED
WITH CLERK'S FILE NUMBER 3881, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Denton has received a request for the partial
abandonment of a certain sewer and 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
sewer and drainage easement being 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 sewer and drainage easement described in
Exhibit A, attached hereto and incorporated herein by referenced, and recorded with the
Clerk's File Number 3881, is permanently vacated and extinguished as a public
easement, to the extent described in said exhibit
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 �—[-day
PASSED AND APPROVED this the 17 of
1990,
JACX3ATLLER, MAYOR '