The URL can be used to link to this page

Home My WebLink About1997-232C \DOCS\ORD\SKYFAB ORD ORDINANCE NO. �T- 0"35 AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF THE SOUTHEAST CORNER OF THE INTERSECTION OF F.M. 2181 (TEASLEY LANE) AND OLD ALTON ROAD, AS IT PERTAINS TO LOT 1, BLOCK 1, SKYFAB ADDITION, IN THE CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 18th day of June, 1952, H.D. Price and Mrs. Luda Price granted to Brazos River Transmission Electric Coopera- tive, Inc. ("Brazos") a right-of-way easement (the "Original Easement") for the construction, operation, and maintenance of an electric transmission or distribution line or system, upon a certain 30 acre tract of land being a part of the A. E. Cannon 640 acre Survey on Hickory Creek, which is more particularly described in the Original Easement by metes and bounds, and which Original Easement was filed on August 4, 1952 and recorded thereafter at Volume 381, Page 494 of the Deed Records of Denton County, Texas; and WHEREAS, on the 23rd day of October, 1987, Brazos conveyed to the City of Denton, all of its right, title, and interest in and to the Original Easement, by Assignment of Easements (the "Assign- ment"), which Assignment was filed on March 1, 1990, and thereafter recorded at Volume 2736, Page 0829 of the Deed Records of Denton County, Texas; and WHEREAS, the City of Denton is the lawful owner and holder of the Original Easement by virtue of the above -referenced Assignment, and WHEREAS, Skyfab Metal Manufacturing, Inc is the present owner of real property described as Lot 1, Block 1 of Skyfab Addition, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; which real property is situated within the 30 acre tract of land described in the Original Easement; and WHEREAS, the City of Denton has received a request for the vacation and abandonment of that portion of the Original Easement, consisting of a certain 7.3522 acre tract of land, also legally described as Lot 1, Block 1, Skyfab Addition, which is more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Planning & Zoning Commission of the City of Denton, Texas reviewed the requested vacation and abandonment, and recommended approval; and WHEREAS, the Council of the City of Denton Texas has determined that the portion of the right-of-way easement being abandoned and vacated is no longer needed for public use; and WHEREAS, the fair market value of the right-of-way 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 right-of-way easement described in Exhibit "B", attached hereto and incorporated herein by reference, is permanently abandoned, vacated and extinguished as a public easement as it pertains to Lot 1, Block 1, Skyfab Addition to the City of Denton, 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 to the use of the vacated portion of said real property as a public easement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the L7 day of 1997. i •- ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: C ( A Y p APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ',G P„�, I a; - I "EXHIBIT A" Lot 1, Block 1, Skylab Addition 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 A.E. Cannon Survey, Abstract Number 232, and being all of Lot 1, Block 1, Skyfab Addition recorded in Cabinet G, Slide 29 of the Plat Records of Denton County, Texas and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein, said point being the northwest corner of the Jay -Mar Addition as shown of record in Cabinet D, Slide 209 of the Plat Records of Denton County, Texas; THENCE South 040 23' 19" East a distance of 1,456.49 feet to a point for corner; THENCE South 84° 09' $5" West a distance of 339.37 feet to a point for corner; THENCE North 04° 23' 19" West a distance of 429.58 feet to a point for corner; THENCE North 840 07' 06" East a distance of 169.49 feet to a point for corner; THENCE North 04° 23' 19" West a distance of 1,028.04 feet to a point for corner; THENCE North 840 35' 30" East, a distance of 169.86 feet to the POINT OF BEGINNING and containing 7.3522 acres. d \offWwpwm\wpdws\UdnaMW&bSi wpd EXHIBIT "B" THE STATE OF TEXAS, l KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON THAT we, the undersigned (either one or Mon) N. D. Price, Mrs. Lida Price (w,vw.rrkal) (husb"J and vife), Ce a good enj ve)WLIe LW,i)dLLAu„ the n.e,pt of whn.h Is hereby hanowiedSad J+ hereby grant unto Brame River Transmission Electric Cooperative, Inc., a cooperative corporation, whoa po toMa address Is Wage, Texas, and to its asgemsors or assign, the right to enter upon the lands of the undersigned situated in the County of Denton , slat" of Texas, teed Mon particularly described as follow*, All that certain tract or parcel of land situated in the County of Denton, State of Texas, a part of the A. E. Cannon 640 acre survey on Hickory Creek, a part of a 66 acre tract of land conveyed by M. L Martin, and wife, to the grantor by dead dated February 15, 1915, re- corded in Vol. 25, page 342, of the Deed Reoorda of Denton County, Tex- as, and more fully described by metes and bounds as follows: BE3INNING at a point in the north line of said 66 acre tract 280 yards east of the northwest corner of said 66 acre tract; THENCE West 280 yards to the northwest corner of said 66 acre cre THENCE South 497 yards, more or leas, to a stake for oorner A in the west line of said 66 acre tract; / THENCE East 298 yards, more or lees, to stake for gorner; THENCE Northwesterly 497 yards, more or leaa, to the place of beginning, and containing 30 &ores of land, more or lees. ("I ,u And being the same land conveyed by A. N. Stinson to Lillid"'price and husband, H. D. Price by deed dated July 24, 1946, and shown of record in Volume 338, peas 8, of the Deed Records of Denton County, Text The cooperative will pay the grantor 41P050 per pole or anchor placed on the above described property when the poles or anchors are set. and to constrict, operate and maintain oa the abondacrtbed land. and In or upon all streets read, or highways abutting said lands, an electric transmission or distributive line or system and to place construct, repair and maintain on said lands anchor stubs aod_guy wine necessary or advisable for the construction operation repair and maintenance of said electric lnasmission or distribution line or system, and to cut and trim trees and shrubbery to the extent necessary to keep them clear of aid electric line or system and to cut down from time to time all dead, weak, lasaing or dangerous tree that are tall enough to strike the wires in falling The undersigned concert that they are the owners of the above described lands and that the said lands an frog and clear of eneumbrenem and ,lens of whatsoever character except those held by the following personal IN WITNESS WHEREOF the undersigned have set their hands and male this I June A. u 1912 WITNESSES, 7�i -`E) , 18th day of V� STATE OF TEXAS SINGLE ACKNOWLEDGMENT COUNTY OF I BEFORF MFl, the tmdeniened, a Notary Public In and for said county and Rate on this day personally appeared known to me to be the Penn who" name subscribed to the foregoing Instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed GIVEN UNDER MY RAND AND SEAL OF OFFICE this the day of A D 194 Notary Public in and for County, Texoa STATE OF TEXAS JOINT ACKNOWLEDGMENT FOR HUSBAND AND WIFE COUNTY OF jll } BEFORE ME, the unde algaed, a Notary Public in and for said "only and State, on this day penonslly appeared ,,,A,�t ��i C/� and-.Q.� �iWC�u° to ma µ melts bdµ known to cos to be the persons whose names an subscribed to the foregoing Isatrument, and acknowledged to �(qasy each executed the name for the purposes am consideration therein expresod and the said 11aHnR been dxamhted , wife of µe said ?19 said,�j � ,� 6y ma pelWly and apart from her husband and having the same tally explained to her she the d"dwmd byte dAelamd that she/ M willingly aimed the sense, for the Acknowledged such instrument to be her art and that eXWdbDRb! wish to "tract it purposes and consideration therein expressed and GIVEN UNDER MY RAND AND SEAL OF OFFICE this th /G day f G AD1¢4% / CERTIFICATE OF RECORD THE STATE OF TCXM 1 CouterT or DeertoN /} I, A J BARNETT Clerk of the County Court in and for mid county do hereby eortgy that the foregoing Instrument of writing, with its rertifiosn of authentifiostlon was filed for rood the_"t —Aay of --AV— A D, 196 2 _ atlLg�jQo clock Pld, and duly recorded the.1day A D, 195 2 ae 11 .lo5clock A M, In Volume }81 _,page V9L of the __ Deed_ _ Records of Denton County Texas Witnem my hand and seal of ogl" at Denton, Texas the day and year last above written J EARNETT Clark of the County Court, Deacon Co Tawas I I Z #1 � N V Z gam `z a� �W0 0 Ed U a V IA F- SE Q W 0SEa W County Texas pennally, appeared me to be the person same for the pur ,A D 194 County, Texns Return To City Of Denton Engmeenng & Transportation Depl 221 North Elm Street Denton, Texas 76201 Attention Roger N Wilkinson r ❑Fm min nlNt x.i pt.n �ln rvy nt>,wgpt nrq'AI2 k�.�4� 1 No IrrNkR On O Mi 14411181 MFI&NYIPliM O ^a rygEronamNe At% 2 21997 �BOUNfYp.EHr tb 6ENi�41 C�Uu{ 1"s r* Faled for Record in- DENTON COUNTY, TX HONORABLE TIM HODGES/COUNTY CLERK On Auq 22 1997 At I 32am Doc/Hum : 97-ROO58061 Doc/Type ^ Ok 5 00 Recordinq: 100 Doc/Mgmt Rerespt M: c7250 Deputy - BRANDIE