HomeMy WebLinkAbout1998-168FILE REFERENCE FORM 98-168
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ORDINANCE NO q F —Ill/
AN ORDINANCE ABANDONING THE WEST 8 FEET OF A 16-FOOT UTILITY
EASEMENT AT THE REAR OF LOTS 8 AND 9, BLOCK 4, OF WILLOWCREEK
ADDITION, AS RECORDED IN VOLUME 7, PAGE 20 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Habitat for Humanity has granted an 8-foot wide utility easement at the
front of Lots 8 and 9, Block 4, Willowcreek Addition in exchange for the proposed abandonment
of an 8-foot portion of a 16-foot utility easement at the rear of such lots which is recorded in
Volume 7, Page 20 of the Plat Records of Denton County, Texas, 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 described in Exhibit "A' is no longer needed for public use, and
WHEREAS, that the process for determining the fair market value of the easement
above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code, relating
to the conveyance of easements to abutting property owners who own the underlying fee simple,
shall be followed in effectuating this abandonment, NOW, THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the portion of the utility easement identified as the west 8 feet of a
16-foot easement at the rear of Lots 8 and 9, Block 4, Willowcreek Addition to the City of
Denton, Texas, being recorded in Volume 7, Page 20 of the Plat Records of Denton County,
Texas, is permanently vacated and abandoned as a public easement, to the extent described in
Exhibit "A" attached hereto and made a part hereof for all purposes
.SECTION II That by reason of such vacation the City of Denton's property interest in
the 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
property as a public easement
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
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PASSED AND APPROVED this the � day of
ATTESTF
JENNIFER WALTERS, CITY SECRETARY
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AP OVED L TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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1998
PAGE 2
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
W. Teague Survey, Abstract No. 1266, and being part of Lots 8 and
9, Block 4 of the Willowcreek Addition, an addition to the City of
Denton as recorded in Volume 7, Page 20, of the Plat Records of
Denton County, Texas, and being part of the tracts conveyed to
Habitat for Humanity of Denton by deed recorded as Clerk's File
Number 97-R0026970 in the Real Property Records of Denton County,
Texas, and also being the west 8 feet of a 16 foot utility easement
at the rear of said Lots 8 and 9, and being more particularly
described as follows:
CONMENCiNG at the southeast corner of said Lot 9, same being the
northeast corner of Lot 14, of said Block 4, of Willowcreek
Addition;
THENCE North 460 01' 00" West, along the south line of said Lot 9,
a distance of 19.25 feet to a point at the intersection of the west
line of said 16 foot utility easement, same being the POINT OF
BEGINNING;
THENCE North 100 48' 00" East, along the west line of said 16 foot
utility easement, a distance of 216.73 feet to a point for corner
on the northwest line of said Lot 8;
THENCE North 420 28' SO" East, with the said northwest line of Lot
8, a distance of 15.25 feet to a point for corner;
THENCE South 100 48' 000 West, parallel to the said west line of
the 16 foot utility easement, a distance of 234.98 feet to a point
for corner on the south line of said Lot 9;
THENCE North 460 01' 00" West, along the said south line of Lot 9,
a distance of 9.69 feet to the POINT OF BEGINNING and containing
1822 square feet of land.