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Home My WebLink About1998-167ORDINANCE NO 9 W - / (0 i AN ORDINANCE PARTIALLY VACATING A CERTAIN EASEMENT FOR THE CONSTRUCTION OF LOCAL ELECTRIC SERVICE LINES FROM LAKEWOOD ESTATES PARTNERSHIP TO THE CITY OF DENTON BY EASEMENT DATED MARCH 3, 1983, AND RECORDED IN VOLUME 1200, PAGE 803 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the partial abandonment of a certain easement for construction of local electric service lines, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the City Council of the City of Denton, Texas has determined that the easement for the construction of local electric service lines being vacated is no longer needed for public use, and WHEREAS, the Council directs that the process for determining the fair market value of the said easement, as required by Section 272 001 of the Texas Local Government Code, shall be followed in effectuating tlus abandonment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That that certain portion of the above -referenced easement for the construction of local electric service lines, dated March 3, 1983 from Lakewood Estates Partnership to the City of Denton, Texas, recorded at Volume 1200, Page 803 of the Deed Records of Denton County, Texas, which portion being vacated is more particularly set forth and described in Exhibit "A' attached hereto and incorporated herewith by reference, is hereby vacated and abandoned as a public easement to the extent described in said exhibit Provided, however, that there is expressly reserved a public utility easement evidenced by an "Easement" executed by Ziff Investment Partners, a Partnership, to the City of Denton, Texas on May 8, 1998, being recorded as Document No in the Real Property Records of Denton County, Texas, pertaining to that one certain 2402 square foot tract or parcel of land described therein, lying and being situated in the Stephen Hembne Survey, Abstract No 643, in the City of Denton, Denton County, Texas SECTION II. That by reason of such vacation of 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 that portion of 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' "T day of 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR VED A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY a 0 NO mk, I lak S\Our D...MW\Ordinnnc Wg\ -iffa�teboodonmmtdm �tTLL=� JACK ER, MAYOR Page 2 EXHIBIT "A" PORTION OF LAND TO ABANDON EASEMENT RECORDED IN VOLUME 1200, PAGE 803 Being a 2 991 acre tract of land situated in the S Hembrie Survey, Abstract No 643, Denton County, Texas, and being a portion of Block 1 of LAKEWOOD ESTATES MOBIL HOME PARK, an Addition to Denton County, Texas according to the Map or Plat thereof recorded in Cabinet C, Slide 193 of the Plat Records of Denton County, Texas, said 2 991 acre tract being more particularly described as follows BEGINNING at an iron rod found for the intersection of east right-of-way line of Teasley Lane (a variable width right-of-way) with the north right-of-way line of Robinson Road (a variable width right-of-way), same being the southwest corner of Block 1 and being North 01 degrees 07 minutes 29 seconds West, a distance of 35 53 feet from the southwest comer of said Addition, THENCE North 01 degrees 07 minutes 29 seconds West, along the east right-of-way line of Teasley Lane, a distance of 294 98 feet to an iron rod found for the beginning of a curve to the right having a central angle of 03 degrees 52 minutes 39 seconds, a radius of 147157 feet, a chord bearing of North 03 degrees 03 minutes 49 seconds West, and a chord distance of 99 57 feet, THENCE continuing along the east right-of-way line of said Teasley Lane, an arc distance of 99 59 feet to an iron rod set, said iron rod being southerly an arc distance of 727 81 feet from the western most corner of said Block 1, THENCE over and across said Block 1 the following calls North 78 degrees 02 minutes 07 seconds East, a distance of 218 76 feet to an iron rod found, South 61 degrees 32 minutes 01 seconds East, a distance of 123 77 feet to an iron rod set, South 01 degrees 44 minutes 24 seconds West, a distance of 390 00 feet to an iron rod set in the north right-of-way line of Robinson Road, THENCE North 88 degrees 15 minutes 35 seconds West, along the north nght-of-way line of Robinson Road, a distance of 300 00 feet to the POINT OF BEGINNING and containing 2 991 acres or 130,301 square feet of land more or less and being subject to any and all easements that may affect 4100 03085 it CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 04; 9.358 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 98-167 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 w r, D9PUTY CITY SECRETARY CITY OF DENTON, TEXAS ORDINANCE NO — / iD '% AN ORDINANCE PARTIALLY VACATING A CERTAIN EASEMENT FOR THE CONSTRUCTION OF LOCAL ELECTRIC SERVICE LINES FROM LAKEWOOD ESTATES PARTNERSHIP TO THE CITY OF DENTON BY EASEMENT DATED MARCH 3, 1983, AND RECORDED IN VOLUME 1200, PAGE 803 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the partial abandonment of a certain easement for construction of local electric service lines, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the City Council of the City of Denton, Texas has determined that the easement for the construction of local electric service Imes being vacated is no longer needed for public use, and WHEREAS, the Council directs that the process for determining the fair market value of the said 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 that certain portion of the above -referenced easement for the construction of local electric service Imes, dated March 3, 1983 from Lakewood Estates Partnership to the City of Denton, Texas, recorded at Volume 1200, Page 803 of the Deed Records of Denton County, Texas, which portion being vacated is more particularly set forth and described in Exhibit "A" attached hereto and incorporated herewith by reference, is hereby vacated and abandoned as a public easement to the extent described in said exhibit Provided, however, that there is expressly reserved a public utility easement evidenced by an "Easement" executed by Ziff Investment Partners, a Partnership, to the City of Denton, Texas on May 8, 1998, being recorded as Document No 98-R0p49347 in the Real Property Records of Denton County, Texas, pertaining to that one certain 2402 square foot tract or parcel of land described therem, lying and being situated in the Stephen Hembne Survey, Abstract No 643, in the City of Denton, Denton County, Texas SECTION II. That by reason of such vacation of 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 that portion of the easement herem 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 L 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY Yu.ti11c. 1 J0.� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY I BY sk�m2 JACK VER, MAYOR Page 2 1, 109 o 3088 EXHIBIT "A" PORTION OF LAND TO ABANDON EASEMENT RECORDED IN VOLUME 1200, PAGE 803 Being a 2 991 acre tract of land situated in the S Hembrie Survey, Abstract No 643, Denton County, Texas, and being a portion of Block 1 of LAKEWOOD ESTATES MOBIL HOME PARK, an Addition to Denton County, Texas according to the Map or Plat thereof recorded in Cabinet C, Slide 193 of the Plat Records of Denton County, Texas, said 2 991 acre tract being more particularly described as follows BEGINNING at an iron rod found for the intersection of east nght-of-way line of Teasley Lane (a variable width right-of-way) with the north right-of-way line of Robinson Road (a variable width right-of-way), same being the southwest corner of Block 1 and being North 01 degrees 07 minutes 29 seconds West, a distance of 35 53 feet from the southwest corner of said Addition, THENCE North 01 degrees 07 minutes 29 seconds West, along the east right-of-way line of Teasley Lane, a distance of 294 98 feet to an iron rod found for the beginning of a curve to the right having a central angle of 03 degrees 52 minutes 39 seconds, a radius of 147157 feet, a chord bearing of North 03 degrees 03 minutes 49 seconds West, and a chord distance of 99 57 feet, THENCE continuing along the east nght-of-way line of said Teasley Lane, an arc distance of 99 59 feet to an iron rod set, said iron rod being southerly an arc distance of 727 81 feet from the western most corner of said Block 1, THENCE over and across said Block I the following calls North 78 degrees 02 minutes 07 seconds East, a distance of 218 76 feet to an iron rod found, South 61 degrees 32 minutes 01 seconds East, a distance of 123 77 feet to an iron rod set, South 01 degrees 44 minutes 24 seconds West, a distance of 390 00 feet to an iron rod set in the north right-of-way line of Robinson Road, THENCE North 88 degrees 15 minutes 35 seconds West, along the north nght-of-way line of Robinson Road, a distance of 300 00 feet to the POINT OF BEGINNING and containing 2 991 acres or 130,301 square feet of land more or less and being subject to any and all easements that may affect 4109 03009 ^^irr su+ia^aai}r, aj� r��v ecru aEnt8iu�tS'i`flZ iaj ,A tt�"Lkl,. �fo IdU LAd nY'ru�,QMWv, i ILI 0 ir�n MSNiaNun Der�10E�Nlnbtho v a+Una n 0 G..pO JUN 1 o 1998 U'TYCLLRIC x�, DENTON COUNTY TOM fc+� Filed for Record in DENTON COUNTY, TX HONORABLE TIM NODOLS/COUNTY Q HK On Tun 10 1998 At 3:33pm Doc/Num : 98 R0049358 Doe/Type Recorq: 11.00 Doc/Mgmt 6.00 Recelpt H. 20756 Deputy Cheryl