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Home My WebLink About1998-165��WL\VOLIa�Lw OGCU MOGlMWa MMMIMi v &O WW ewMo doc ORDINANCE NO q E l r�5— 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 3, 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 process for determining fair market value of the sewer and drainage easement, as required by section 272 001 of the Texas Local Government Code, shall be followed in effectuating this abandonment, NOW, THEREFORE, 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 reference, and recorded with the Clerk's File Number 3881, is permanently vacated and abandoned as a public easement, to the extent described in said exhibit, provided however, that there is expressly reserved public utility easements evidenced by documents executed by Ron Alsup and Carolyn W Rollins recorded as 96-R0073329 and 97-R0073330 respectively in the Real Property Records of Denton County, Texas 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 of 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 jA day of L412. 1998 JAC LLER, MAYOR e�\wL�NvDorvnvo`a n.m"Mu ift2� G"W � ATTEST JENNIFER WALTERS, CITY SECRETARY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 "EXHIBIT A" ALL than 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 No 186 and also 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 3sd, 1960 and recorded with Clerk's File Number 3881 in the Deed Records of Denton County, Texas and being more particularly described as follows: TRACT 1 All that portion of said drainage and sewer easement recorded with Clerk's File Number 3881, D R D C T as It affects the entirety of the 08 acre tract conveyed to Carolyn W Rollins and referenced as TRACT 2 by deed recorded as 96-RO45705 in the Real Property Records of Denton County, Texas TRACT 2 All that portion of said drainage and sewer easement recorded with Clerk's File Number 3881, D R D C.T as it affects the entirety of the 0�55 acre tract conveyed to Ron Alsup by deed recorded as 96- R020933 in the Real Property Records, Denton County, Texas TRACT 3 All that portion of said drainage and sewer easement recorded with Clerk's File Number 3881, D R D C T as it affects the entirety of Lot 43, Replat of Wxndsong at the Village, Phase V, an addition to the City of Denton, recorded in Cabinet C, Page 23 of the Plat Records of Denton County, Texas, same being a tract conveyed to Ron Alsup by deed recorded as 96-R00220 in the Real Property Records, Denton County, Texas. 14 ! 00 J3090 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS O45359 COUNTY OF DENTON CITY OF DENTON I, the undersigned Deputy 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 a custodian, that the attached is a true and accurate copy of Ordinance No 98-165 as approved by the City of Denton City Council on June 2, 1998 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 1 Oth day of June,1998 PUTY CITY SECRETARY CITY OF DENTON, TEXAS A 4109 0 309 1 \\CH LOL\VOLI\HF�M®\OPPNALWur OonnmYWNwsa\9PwKWN�� ^M� ^�°^^L� ORDINANCE NO q L—L25 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 3, 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 process for determining fair market value of the sewer and drainage easement, as required by section 272 001 of the Texas Local Government Code, shall be followed in effectuating this abandonment, NOW, THEREFORE, 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 reference, and recorded with the Clerk's File Number 3881, is permanently vacated and abandoned as a public easement, to the extent described in said exhibit, provided however, that there is expressly reserved public utility easements evidenced by documents executed by Ron Alsup and Carolyn W Rollins recorded as 96-R0073329 and 97-R0073330 respectively in the Real Property Records of Denton County, Texas 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 of 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 ,x • 4( day of 11410, 1998 JAC LER, MAYOR P�L 14 1 d 9 0 3 0 i 2 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HER13ERT L PROUTY, CITY ATTORNEY PAGE 2 14109 03093 "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 No 186 and also 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 3=d, 1960 and recorded with Clerk's File Number 3881 in the Deed Records of Denton County, Texas and being more particularly described as follows TRACT 1 All that portion of said drainage and sewer easement recorded with Clerk's File Number 3881, D R D C T as it affects the entirety of the 08 acre tract conveyed to Carolyn W Rollins and referenced as TRACT 2 by deed recorded as 96-R045705 in the Real Property Records of Denton County, Texas TRACT 2 All that portion of said drainage and sewer easement recorded with Clerk's File Number 3881, D R D C T as it affects the entirety of the 0955 acre tract conveyed to Ron Alsup by deed recorded as 96- R020933 in the Real Property Records, Denton County, Texas TRACT 3 All that portion of said drainage and sewer easement recorded with Clerk's File Number 3881, D R D C T as it affects the entirety of Lot 43, Replat of Windsong at the Village, Phase V, an addition to the City of Denton, recorded in Cabinet C, Page 23 of the Plat Records of Denton County, Texas, same being a tract conveyed to Ron Alsup by deed recorded as 96-R00220 in the Real Property Records, Denton County, Texas 4100 03094 "��Lt;i;'t Ot 7ti��,.�NU�N�r1��FYf1FNb��tAAUllO@pp fl?gAl7 "z t i io. I Cf Jiilu, " ^glum^A"W-S ol .on 1Ihe SON 1 01998 DOUNTYCLM EN ON COUNT filed for F(e ord ln�b> i DENTON COUNTY, IX HONORADIL 11M HODGES/COUNTY CI f IRK On Jun 10 1998 At 3:33pm Doc Mum . 98-R0049357 Doc/Type ; OR Recordinq; 11.00 Dor/iggmt ; 6.00 hecel t N; 20756 Deputy - Cheryl