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Home My WebLink About1997-085NORTHWOO ORD ORDINANCE NO / / AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET L, PAGE 58, AS IT PERTAINS TO LOT 4, BLOCK A OF THE NORTHWOOD ESTATES LIMITED SUBDIVISION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the partial abandonment of a certain 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 drainage easement being partially 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, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the portion of the drainage easement described in Exhibit A, attached hereto and incorporated herein by reference, and recorded in Cabinet L, Page 58 of the Plat Records of Denton County, Texas, as it pertains to Lot 4, Block A of the Northwood Estates, Limited subdivision, is permanently vacated and extin- guished 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 immed- iately upon its passage and approval"" PASSED AND APPROVED this the 0— day of �( 1997 J K MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY m APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 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 Daniel Culp Survey, Abstract Number 287, and being part of Lot 4, Block A, of Northwood Estates Ltd., an addition to the City of Denton, recorded in Cabinet L, Page 58, of the Plat Records of Denton County, Texas and also being part of a tract conveyed to Alsup Construction by deed recorded as 95-R0017501 in the Real Property Records of Denton County, Texas and also being part of a variable width drainage easement as shown on said Northwood Estates Ltd. Plat and being more particularly described as follows: COMMENCING at the southwest corner of said Lot 4, same being a point on the east right-of-way line of Old North Road; THENCE North 00° 36' 02" East along the west line of said Lot 4 and the east right- of-way line of Old North Road a distance of 25 feet to a point for corner, said point being the northwest corner of said variable width drainage easement; THENCE South 84° 26' 32" East along the north line of said variable width drainage easement (called South 830 38' 48" East on said plat) a distance of 37.92 feet to the POINT OF BEGINNING, said point lying on the west face of the foundation of the residence; THENCE South 00° 31' 31" West along the west face of said residence a distance of 1.26 feet to a point for corner, said point being the most southerly southwest exterior foundation corner of said residence; THENCE South 89° 28' 29" East along the south face of said residence a distance of 14.29 feet to a point for corner, said point lying on the north line of said variable width drainage easement; THENCE North 84° 26' 32" West (called North 830 38' 48" West on said plat) along the north line of said variable width drainage easement a distance of 14.33 feet to the POINT OF BEGINNING and containing 9 square feet of land 5-2-96 0 0 O !r O z 0 J O 1 261 14 29' PROPOSED ABANDONMENT -TRACT 31 NO SCALE ONE STORY BRICK RESIDENCE LOT 4, BLOCK A PROPpOBfiD ABATROCTBNT VARIABLE WIDTH DRAINAGE EXISTING IS' CONCRETE PIPE 111=30' City of Denton Eng,bneemng & Transportat2on Department 0 Right -of -Way Dwtswn May Is, 1996 Mil / 1 ► 1► .: :�� ;lu la U: THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON WHEREAS, D Keith Orsbum desires partial abandonment of an existing variable width drainage easement affecting Lot 4, Block A, Northwood Estates Ltd Addition, an addition to the City of Denton, recorded in Cabinet L, Page 58 of the Plat Records of Denton County, Texas, and WHEREAS, the home's foundation as situated on said Lot 4 encroaches said existing easement, NOW, THEREFORE, in consideration of the City of Denton vacating and extinguishing its rights within that portion of said existing easement in which the home's foundation encroaches, tat portion further described in Exhibit A, attached hereto and incorporated herein by reference, D Keith Orsbum and each property owner and resident of the property known as Lot 4, Block A, Northwood Estates Ltd Addition agree that all the property encompassed by said Lot 4 shall be held subject to the following covenants 1 D Keith Orsbum and each property owner and resident of the property known as Lot 4, Block A, Northwood Estates Ltd Addition agree and are bound to fully release, discharge, acquit, indemnify, hold harmless, and defend, the City of Denton, its elected officials, officers, employees and agents, from and against all claims (including subrogation claims) and suits for damages, property damage, losses, and expenses including court costs and attorneys fees, ansing out of or resulting from the existence of the remainder portion of said existing variable width drainage easement and the drainage facilities within, or any condition or circumstance which may anse in connection with said easement or any fixtures thereto, unless D Keith Orsbum or subsequent property owners incur damages caused by the affirmative action or negligence of the City of Denton, its elected officials, officers, employees and agents, where said acts are outside the boundaries or intended purposes of the then existing easement on said property 2 These covenants herein set forth shall run with the land and be binding on the owners, their successors and assigns and all parties claiming by, through and under them shall be taken to hold, agree and covenant with the owner and his successors in title, and with each of them, to conform to and observe all covenants herein 3 The owner of Lot 4, Block A, Northwood Estates Ltd Addition hereby agrees and PAGE 1 recognizes that he is benefitted by percrutting the City of Demon the option to enforce these covenants in exchange for vacating and extinguishing its rights within that portion of said easement, upon which the home's foundation encroaches, and that the City of Denton benefits by being able to vacate and extinguish its rights within that portion of said easement without incurring public expense, and these facts, in conjunction with those set out in the preamble to this document, constitute sufficient and valid consideration between the City of Denton and the owner of said Lot 4, Block A, Northwood Estates Ltd Addition EXECUTED as of this day of u ; 1 1997 r D enh Ors6urn, Owner Lot 4, Block A Northwood Estates Ltd Addition ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on L } firulCc �� '� 1997by D Keith Orsburn E_ .a ' NotaryiPulbi My Comm ExpimS-27-90 PAGE 2 COVENANTS INDEMNIFYING AND HOLDING THE CITY OF DENTON HARMLESS FROM DAMAGES 019187 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § WHEREAS, D Keith Orsburn desires partial abandonment of an existing variable width drainage easement affecting Lot 4, Block A, Northwood Estates Ltd Addition, an addition to the City of Denton, recorded in Cabinet L, Page 58 of the Plat Records of Denton County, Texas, and WHEREAS, the home's foundation as situated on said Lot 4 encroaches said existing easement, NOW, THEREFORE, in consideration of the City of Denton vacating and extinguishing its rights within that portion of said existing easement in which the home's foundation encroaches, tat portion further described in Exhibit A, attached hereto and incorporated herein by reference, D Keith Orsburn and each property owner and resident of the property known as Lot 4, Block A, Northwood Estates Ltd Addition agree that all the property encompassed by said Lot 4 shall be held subject to the following covenants I D Keith Orsburn and each property owner and resident of the property known as Lot 4, Block A, Northwood Estates Ltd Addition agree and are bound to fully release, discharge, acquit, indemnify, hold harmless, and defend, the City of Denton, its elected officials, officers, employees and agents, from and against all claims (including subrogation claims) and suits for damages, property damage, losses, and expenses including court costs and attorneys fees, arising out of or resulting from the existence of the remainder portion of said existing variable width drainage easement and the drainage facilities within, or any condition or circumstance which may arise in connection with said easement or any fixtures thereto, unless D Keith Orsburn or subsequent property owners incur damages caused by the affirmative action or negligence of the City of Denton, its elected officials, officers, employees and agents, where said acts are outside the boundaries or intended purposes of the then existing easement on said property 2 These covenants herein set forth shall run with the land and be binding on the owners, their successors and assigns and all parties claiming by, through and under them shall be taken to hold, agree and covenant with the owner and his successors in title, and with each of them, to conform to and observe all covenants herein 3 The owner of Lot 4, Block A, Northwood Estates Ltd Addition hereby agrees and PAGE 1 y �� yx i yy � t t] tP a e ' � � � ! t. � e � � �� r� r i t� � ` st x `1 � � 1 (� r pp � � 4 y � � � % Y� i i v 1 � { sA y F � f y � � � 3 .� ' e �' ��. �� f4 t 4 � I 4 M � n � � J�l s �� i it y � 1 �r ..rN �Y a �t ��I t � I r � y �� ,�ii i �� ' a f fry'\� �� tiy�+l �+� � y � 1 �� recognizes that he is benefitted by permitting the City of Denton the option to enforce these covenants in exchange for vacating and extinguishing its rights within that portion of said easement, upon which the home's foundation encroaches, and that the City of Denton benefits by being able to vacate and extinguish its rights within that portion of said easement without incurring public expense, and these facts, in conjunction with those set out in the preamble to this document, constitute sufficient and valid consideration between the City of Denton and the owner of said Lot 4, Block A, Northwood Estates Ltd Addition EXECUTED as of this day of z , 199 D eith Or urn, Owner Lot 4, Block A Northwood Estates Ltd Addition ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON This instrument was acknowledged before me on Keith Orsburn S(JJYllJJTJJ.%/ELAINE MOM IJSG/IJ-L/!!✓/./A� / � NotaryI My Coror PAGE 2 , 1997by D RE.TuRN To. CITY of DEKT'oAj ZZ 1 N E. L rn STOtek-T t)r NTt>AA, -rY 76to 1 AITN' Ro(v6.Q t4 WILk+NSoAl I yF- h ul I t �) 01 OCL701![m tlTY (C,(A', Filed for Record in: DENTON COUNTY, TX HONORABLE TIM HODGEWCOUNTY CLERK On Mar 26 1997 At 11:25am Doc/Num 97-ROO19187 Doc/Type MDO Recording: 7.00 Doc/Mgmt 6.00 Receipt R: 9542 Deputy - Cheryl CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 019I 84; 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 97-085 as approved by the City of Denton City Counil on March 18, 1997. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 24th day of March, 1997. C SEC TARY F% I Y OF NTON, TEXAS A, ACC00375 NORTWW00 ORD ORDINANCE NO / / O�S AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET L, PAGE 58, AS IT PERTAINS TO LOT 4, BLOCK A OF THE NORTHWOOD ESTATES LIMITED SUBDIVISION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the partial abandonment of a certain 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 drainage easement being partially 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, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the portion of the drainage easement described in Exhibit A, attached hereto and incorporated herein by reference, and recorded in Cabinet L, Page 58 of the Plat Records of Denton County, Texas, as it pertains to Lot 4, Block A of the Northwood Estates, Limited subdivision, is permanently vacated and extin- guished 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 immed- iately upon its passage and approval PASSED AND APPROVED this theft— day of A� 1997 J K MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY m APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 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 Daniel Culp Survey, Abstract Number 287, and being part of Lot 49 Block A, of Northwood Estates Ltd., an addition to the City of Denton, recorded in Cabinet L, Page 58, of the Plat Records of Denton County, Texas and also being part of a tract conveyed to Alsup Construction by deed recorded as 95-R0017501 in the Real Property Records of Denton County, Texas and also being part of a variable width drainage easement as shown on said Northwood Estates Ltd. Plat and being more particularly described as follows: COMMENCING at the southwest corner of said Lot 4, same being a point on the east right-of-way line of Old North Road; THENCE North 00136' 02" East along the west line of said Lot 4 and the east right- of-way line of Old North Road a distance of 25 feet to a point for corner, said point being the northwest corner of said variable width drainage easement; THENCE South 840 26' 32" East along the north line of said variable width drainage easement (called South 830 38' 48" East on said plat) a distance of 37.92 feet to the POINT OF BEGINNING, said point lying on the west face of the foundation of the residence; THENCE South 000 31' 31" West along the west face of said residence a distance of 1.26 feet to a point for corner, said point being the most southerly southwest exterior foundation corner of said residence; THENCE South 890 28' 29" East along the south face of said residence a distance of 14.29 feet to a point for corner, said point lying on the north line of said variable width drainage easement; THENCE North 840 26' 32" West (called North 83° 38' 48" West on said plat) along the north line of said variable width drainage easement a distance of 14.33 feet to the POINT OF BEGINNING and containing 9 square feet of land 5.2 96 1 2 6' N I \ 1429 A , PROPOSED ABANDONMENT .TRACT NO SCALE K I BRICK RESIDENCE ° I LOT 4, BLOCK A O L I ASAlWO S NT E%ISTING IB' CONCRETE PIPE VARIABLE WIDTH DRAINAGE EASEMENT- 1 11 = 30, rLv CZty of Denton Engsneerzng & Transportataon Department R2ght-of-Way Dwtsson may 16, 1996 Re.Tup-g To: GzY of 00,N-roN 2ZI ECM STkSg? r DENToN�TX. '76ZoI T y s a ii =rz 0 110 I lug Mg,, i' 61997 CCR, , ULNTON wU'Jy TEXAS Filed for Reculd in: DLNTON COUNTY, IX HONORABLE TIM NUDGES/COUNTY Ct CkK On Mar 26 1997 At 11:B5am Doc/Num : 97 R0019186 Dot,/Type : OR Recordinq: 13,00 Doc/Mgmt • 6.00 Receipt H: 9542 Deputy Cheryl