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HomeMy WebLinkAbout1998-044ORDINANCE NO AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET I, PAGE 118, AS IT PERTAINS TO LOT 2R, BLOCK A, OF THE BELL PLACE ADDITION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the partial abandonment of a certain utility 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 utility easement being partially vacated is no longer needed for public use, and WHEREAS, the fair market value of the utility 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 utility easement described in Exhibit A, attached hereto and incorporated herein by referenced, and recorded in Cabinet I, Page 118 of the Plat Records of Denton County, Texas, as it pertains to Lot 2R, Block A of the Bell Place Addition, 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 th PASSED AND APPROVED this the LT day of Yke6ruar 1990, ATTEST JENNIIFER WALTERS, CITY SECRETARY BY APPR D AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 44, s \shared\ordinance\bellplacelof2Rdoc "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 & C.R.R Company Survey, Abstract Number 185 and being part of Lot 2R, Block A, Bell Place Addition, an addition to the City of Denton, recorded in Cabinet I, Page 118 of the Plat Records of Denton County, Texas and being more particularly described as follows: COtM9ENCING at the southwest corner of said Lot 2R; THENCE North 000 081 211, East along the west line of said Lot 2R a distance of 5.89 feet to the POINT OF BEGINNING, said point lying on the north line of an existing 161 utility easement as shown on said Bell Place Addition plat, THENCE North 00° 081 2111 East continuing along the west line of said Lot 2 a distance of 14.11 feet to a point for corner, said point being the northwest corner of a 201 by 201 utility easement as shown on said Bell Place Addition plat, THENCE South 89` 191 2611 East along the north line of said easement a distance of 20 feet to a point for corner, said point being the northeast corner of said 201 by 201 easement, THENCE South 000 08, 211, West along the east line of said 201 by 201 easement a distance of 15 86 feet to a point for corner, said point lying on the north line of said 16, utility easement, THENCE North 84° 20, 30 West along the north line of said 161 utility easement distance of 20.09 feet to the POINT OF BEGINNING and containing 300 square feet of land. 10-21-97 bellplac2 doc < < I t 4034 0 1 136 CERTIFICATE OF CITY SECRETARY �13g3 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 98-044 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 NARY CI OF DENTON, TEXAS L1034 01 137 ORDINANCE NO a - Div AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET I, PAGE 118, AS IT PERTAINS TO LOT 2R, BLOCK A, OF THE BELL PLACE ADDITION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the partial abandonment of a certain utility 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 utility easement being partially vacated is no longer needed for public use, and WHEREAS, the fair market value of the utility 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 utility easement described in Exhibit A, attached hereto and incorporated herein by referenced, and recorded in Cabinet I, Page 118 of the Plat Records of Denton County, Texas, as it pertains to Lot 2R, Block A of the Bell Place Addition, 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 day of e6ruar 1990, JA C ER, MAYOR 4034 01130 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY &4LL / (Zy s \shared\ordinance\bellplecelot2Rdoc 4034 01 139 "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. & C.R.R. Company Survey, Abstract Number 185 and being part of Lot 2R, Block A, Bell Place Addition, an addition to the City of Denton, recorded in Cabinet I, Page 118 of the Plat Records of Denton County, Texas and being more particularly described as follows: COMfENCING at the southwest corner of said Lot 2R; THENCE North 00° 08' 21" East along the west line of said Lot 2R a distance of 5.89 feet to the POINT OF BEGINNING, said point lying on the north line of an existing 161 utility easement as shown on said Bell Place Addition plat, THENCE,North 000 08' 21" East continuing along the west line of said Lot 2 a distance of 14.11 feet to a point for corner, said point being the northwest corner of a 20, by 20' utility easement as shown on said Bell Place Addition plat, THENCE South 890 19, 26" East along the north line of said easement a distance of 20 feet to a point for corner, said point being the northeast corner of said 20' by 20' easement, THENCE South 000 08, 21" West along the east line of said 20' by 20' easement a distance of 15.86 feet to a point for corner, said pointi,lying on the north line of said 161 utility easement; THENCE North 840 20, 30 West along the north line of said 161 utility easement distance of 20.09 feet to the POINT OF BEGINNING and containing 300 square feet of land. 10-21-97 bellplac2 doc 70,E7zc gA TO ' C L TY of O&NTaN La U 3 0 i '11a 0 OF-NTO N, ►'K- "7,(vZo 1 A -TN I Pq-,4L W j LLAA P4 SO4 �_:4q&rNEr=r21Al(-- Bled for Record in DLNrON COUNTY, IX NON(iABLL 11N 140IM u/LOUNIY LLLRK On Feb dO 1998 At 4:32pm Doc/Num . 98 R0013133 Doc/r Recording^ 111.T00 Doc/19gmt G 00 NecvIpt N• 6dbo Depu y Cheiyl