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Home My WebLink About1996-100TRNDMAK2 OK ORDINANCE NO q (P - to O AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852 AND 0858, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request from Don Allen for the partial abandonment of certain public utility and drainage easements, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonments and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the public utility and drainage easements being partially vacated are no longer needed for public use, and WHEREAS, the fair market value of the public utility and drainage easements have 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 those portions of the public utility and drainage easements described in Exhibits "A-111 and "A-211, attached hereto and incorporated herein by reference, and recorded in Volume 1686, Pages 0852 and 0858 of the Real Property Records of Denton County, Texas, are permanently vacated and extinguished as public easements, to the extent described in said exhibits SECTION II That by reason of such vacation the City of Denton's property interest in the vacated portions of said ease- ments shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portions of said property as public easements SECTION III That this ordinance shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the !tpr day of 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY BY CC APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT "A-1" FIELD NOTES BEING A PORTION OF THAT CERTAIN 16' DRAINAGE AND UTILITY EASEMENT SITUATED IN THE JOHN MCGOWEN SURVEY, ABSTRACT NO 797, DENTON COUNTY, TEXAS AND RECORDED IN VOLUME 1686, PAGE 852 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING AT A 5/8" IRON ROD CAPPED CARTER & BURGESS" SET FOR CORNER, BEING THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL HOMES, INC, DBA TRENDMAKER HOMES, DESCRIBED IN COUNTY CLERKS FILE NO 94-0003327, OF SAID DEED RECORDS, ALSO BEING THE NORTHEAST CORNER OF THAT CERTAIN 50 ACRE TRACT AS DESCRIBED IN DEED TO HERSMAN DEVELOPEMENT CORPORATION, RECORDED IN VOLUME 3453, PAGE 847, OF SAID DEED RECORDS, THENCE S 88043'53" W, ALONG THE NORTH LINE OF SAID HERSMAN DEVELOPMENT TRACT AND THE SOUTH LINE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF 101197 FEET TO A POINT FOR CORNER, THENCE N 04044'25" E, OVER AND ACROSS SAID CENTENNIAL HOMES TRACT A DISTANCE OF 27 56 FEET TO THE POINT OF BEGINNING, THENCE N 04044'25" E, A DISTANCE OF 25 84 FEET TO A POINT FOR CORNER, THENCE N 43000'57" E, A DISTANCE OF 162 51 FEET TO A POINT FOR CORNER, THENCE N 88043'39" E, A DISTANCE OF 140 69 FEET TO A POINT FOR CORNER, THENCE S 0102011" E, A DISTANCE OF 16 00 FEET TO A POINT FOR CORNER, THENCE S 88043'39" W, A DISTANCE OF 133 96 FEET TO A POINT FOR CORNER, THENCE S 43000'57" W, A DISTANCE OF 176 06 FEET TO A POINT FOR CORNER, TO THE POINT OF BEGINNING, AND CONTAINING 0 113 ACRES OF LAND, MORE OR LESS F\JOB\SLD\93328101\SDATA\281EX4A1 FNS SHEET 1 OF 2 EXHIBIT "A-2" FIELD NOTES BEING A PORTION OF THAT CERTAIN 16' DRAINAGE AND UTILITY EASEMENT SITUATED IN THE JOHN MCGOWEN SURVEY, ABSTRACT NO 797, DENTON COUNTY, TEXAS AND RECORDED IN VOLUME 1686, PAGE 858 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER, BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL HOMES INC, DBA TRENDMAKER HOMES, AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS FILE NO 94-0003327, OF SAID DEED RECORDS, ALSO BEING THE SOUTHEAST CORNER OF THAT CERTAIN RIGHT-OF-WAY EASEMENT DESCRIBED TO DENTON COUNTY, AS RECORDED IN VOLUME 333, PAGE 19, SAID DEED RECORDS, THENCE S 88°39'49" W, ALONG THE NORTH LINE OF SAID CENTENNIAL HOMES, ALSO BEING THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO CHARLES W McNEILL AND WIFE, AS RECORDED IN VOLUME 477, PAGE 604, OF SAID DEED RECORDS, A DISTANCE OF 978 88 FEET TO A POINT FOR CORNER, THENCE S 01020'11" E, LEAVING SAID NORTH LINE, A DISTANCE OF 13143 FEET TO A POINT FOR CORNER, FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275 00 FEET, A DELTA ANGLE OF 03016'18", A LONG CHORD THAT BEARS N 82°40'40" E A DISTANCE OF 15 70 FEET, AN ARC DISTANCE OF 15 70 FEET TO A POINT FOR CORNER, THENCE S 05041'11" E, A DISTANCE OF 30 21 FEET TO THE POINT OF BEGINNING, THENCE S 82038'13" E, A DISTANCE OF 17 24 FEET TO A POINT FOR CORNER, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 299 50 FEET, A DELTA ANGLE OF 41 °22'06", A LONG CHORD THAT BEARS S 61 °57'10" E A DISTANCE OF 211 58 FEET, AN ARC DISTANCE OF 216 24 FEET TO A POINT FOR CORNER, THENCE S 41 °16'07" E, A DISTANCE OF 89 88 FEET TO A POINT FOR CORNER, THENCE S 01020'11- E, A DISTANCE OF 24 94 FEET TO A POINT FOR CORNER, THENCE N 41 °16'07" W, A DISTANCE OF 109 00 FEET TO A POINT FOR CORNER, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 283 50 FEET, A DELTA ANGLE OF 41 °22'06", A LONG CHORD THAT BEARS N 61057'10" W A DISTANCE OF 200 27 FEET, AN ARC DISTANCE OF 204 69 FEET TO A POINT FOR CORNER, THENCE N 82038'13" W, A DISTANCE OF 13 53 FEET TO A POINT FOR CORNER, THENCE N 05041'11" W, A DISTANCE OF 1643 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0 120 ACRES OF LAND, MORE OR LESS F,\JOB\SLD\93328101\SDATA\281EX4A2 FNS SHEET 1 OF 2 e ro I II D=41 22 013 R=2Jo N OJ 11 LI W Nl IB 21 1=21624 IG49 ' s11300 LC-21150 FD=S 015710 F N 2381 W�.� V l 55I \ D=41 22 06 \ I R-283 50 P 0 B A-2 E=204 60 -- \ NB T=107 04 I C=200 27 c�Yt O ,y\ ` CB=N 61 57 10 W \ mgb 01 E 2420 E 7 841 SOUTHRIDGE ESTATES PHASE I 16 U t 8 I. - VON 1686 PC H CENTENNIAL HOMES INC OBn TRCNDMAKER HOMES GCN 940003327 N 10-- BLOCK 3 JOHN MCGOWEN SURVEY 1 ABSTRACT NO 797 11 T OF12 l PROPOSED °°° THRIDGE ESTATES GARY6 �W= SOU PHASE 3 • �-p� 16 U E VOL 1686 PG OR �S{�P� O (i0 BE ABANDONED Br SEPARATF INSTRUMFNI) N BB 4888 E - 14088 d Sr 7-l�Ii �TAIT6d�� / �S 012011 F P 0 B A—1 --�% /o°-- --- 1600 At POC A-1 N 0A DRAINAGE & a/ /y 44 25 E ��58 5i �6 2584� b/i 0Oa441� UTILH1 EASEMENT U E �--_—_�1V VOL t686 PG 852 1T14 -- _ �` $ 880.}5} W 101191 TB IRI I INE BEARING DIS1A CL NERSMAN DEVELOPMENT IORPOPAT1011 -- It SD12011 E 131 a} VOL 3453 1 G 84 RPRDCT L S 054111 E 3021 C11PVE DELIA PAD IUS ARC TANGENT BEARING _(LORD J 031618 7500 1570 785 N824040 E 1�20 DATE 05/WT, EXHIBIT B PARTIAL EASEMENT ABANDONMENT qu /�� Carftr,,Burgen �8°" E 1B° SHEE' 16 DRAINAGE AND u11LItt EASMFNT VOL 168E PG 8S2 AND 858 G°n.ulmnls n En Ar e1a 1 r 9"°°'"9 1 D6A.m e. AMw cur OF LE JOHN MCGOWEN ( ABSTRACT /9T vl.nn n9 m m. En.,'onm< CARTER & BURGESS INC 2 OF 2 NURH 79N) CLUBROOM MW SUILL 250 bLLVS TX 75247 4961 CNECNED BySv CITY OF DENTON DENTON COUNlT 1E%AS CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 032429 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 Denton of which I am custodian, that the attached is a true and accurate copy of Ordinance No. 96-100 as approved by the City of Denton City Council on April 16, 1996. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 4th day of May, 1996. CijL}/ Secretary Ci of Denton, Texas AMM00535 TRNDMAK2 OR➢ ORDINANCE NO " l 6 — 10 O AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852 AND 0858, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request from Don Allen for the partial abandonment of certain public utility and drainage easements, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonments and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the public utility and drainage easements being partially vacated are no longer needed for public use, and WHEREAS, the fair market value of the public utility and drainage easements have 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 those portions of the public utility and drainage easements described in Exhibits "A-1" and "A-211, attached hereto and incorporated herein by reference, and recorded in Volume 16B6, Pages 0852 and 0858 of the Real Property Records of Denton County, Texas, are permanently vacated and extinguished as public easements, to the extent described in said exhibits SECTION II That by reason of such vacation the City of Denton's property interest in the vacated portions of said ease- ments shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portions of said property as public easements SECTION III That this ordinance shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the � day of ! (ln� 1996 BOB CASTLEBERRY, MAY 7 ATTEST JENNIFER WALTERS, CITY SECRETARY r BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT "A-1" FIELD NOTES BEING A PORTION OF THAT CERTAIN 16' DRAINAGE AND UTILITY EASEMENT SITUATED IN THE JOHN MCGOWEN SURVEY, ABSTRACT NO 797, DENTON COUNTY, TEXAS AND RECORDED IN VOLUME 1686, PAGE 852 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING AT A 5/8" IRON ROD CAPPED 'CARTER & BURGESS" SET FOR CORNER, BEING THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL HOMES, INC, DBA TRENDMAKER HOMES, DESCRIBED IN COUNTY CLERKS FILE NO 94.0003327, OF SAID DEED RECORDS, ALSO BEING THE NORTHEAST CORNER OF THAT CERTAIN 50 ACRE TRACT AS DESCRIBED IN DEED TO HERSMAN DEVELOPEMENT CORPORATION, RECORDED IN VOLUME 3453, PAGE 847, OF SAID DEED RECORDS, THENCE S 88043'53" W, ALONG THE NORTH LINE OF SAID HERSMAN DEVELOPMENT TRACT AND THE SOUTH LINE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF 101197 FEET TO A POINT FOR CORNER, THENCE N 04°44'25' E, OVER AND ACROSS SAID CENTENNIAL HOMES TRACT A DISTANCE OF 27 56 FEET TO THE POINT OF BEGINNING, THENCE N 04044'25' E, A DISTANCE OF 25 84 FEET TO A POINT FOR CORNER, THENCE N 43000'57" E, A DISTANCE OF 162 51 FEET TO A POINT FOR CORNER, THENCE N 88043'39" E, A DISTANCE OF 140 69 FEET TO A POINT FOR CORNER, THENCE S 0102011' E, A DISTANCE OF 16 00 FEET TO A POINT FOR CORNER, THENCE S 88043'39' W, A DISTANCE OF 133 96 FEET TO A POINT FOR CORNER, THENCE S 43000'57" W, A DISTANCE OF 176 06 FEET TO A POINT FOR CORNER, TO THE POINT OF BEGINNING, AND CONTAINING 0113 ACRES OF LAND, MORE OR LESS F\JOB\SLD\93328101\SDATA\281EX4A1 FNS SHEET 1 OF 2 EXHIBIT "A 2" FIELD NOTES BEING A PORTION OF THAT CERTAIN 16' DRAINAGE AND UTILITY EASEMENT SITUATED IN THE JOHN MCGOWEN SURVEY, ABSTRACT NO 797, DENTON COUNTY, TEXAS AND RECORDED IN VOLUME 1686, PAGE 858 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING AT A 5/8" IRON ROD CAPPED 'CARTER & BURGESS" SET FOR CORNER, BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL HOMES INC, DBA TRENDMAKER HOMES, AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS FILE NO 9440003327, OF SAID DEED RECORDS, ALSO BEING THE SOUTHEAST CORNER OF THAT CERTAIN RIGHT-OF-WAY EASEMENT DESCRIBED TO DENTON COUNTY, AS RECORDED IN VOLUME 333, PAGE 19, SAID DEED RECORDS, THENCE S 88°39'49" W, ALONG THE NORTH LINE OF SAID CENTENNIAL HOMES, ALSO BEING THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO CHARLES W McNEILL AND WIFE, AS RECORDED IN VOLUME 477, PAGE 604, OF SAID DEED RECORDS, A DISTANCE OF 978 88 FEET TO A POINT FOR CORNER, THENCE S 0102011" E, LEAVING SAID NORTH LINE, A DISTANCE OF 13143 FEET TO A POINT FOR CORNER, FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275 00 FEET, A DELTA ANGLE OF 03016'18", A LONG CHORD THAT BEARS N 82°40'40" E A DISTANCE OF 15 70 FEET, AN ARC DISTANCE OF 15 70 FEET TO A POINT FOR CORNER, THENCE S 05041'11" E, A DISTANCE OF 30 21 FEET TO THE POINT OF BEGINNING, THENCE S 82038'13" E, A DISTANCE OF 17 24 FEET TO A POINT FOR CORNER, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 299 50 FEET, A DELTA ANGLE OF 41 °22'06", A LONG CHORD THAT BEARS S 61 °57'10" E A DISTANCE OF 211 58 FEET, AN ARC DISTANCE OF 216 24 FEET TO A POINT FOR CORNER, THENCE S 41 °16'07" E, A DISTANCE OF 89 88 FEET TO A POINT FOR CORNER, THENCE S 01 °20'11' E. A DISTANCE OF 24 94 FEET TO A POINT FOR CORNER, THENCE N 41 °16'07" W, A DISTANCE OF 109 00 FEET TO A POINT FOR CORIJER, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 283 50 FEET, A DELTA ANGLE OF 41 °22'06", A LONG CHORD THAT BEARS N 61 °57'10' W A DISTANCE OF 200 27 FEET, AN ARC DISTANCE OF 204 69 FEET TO A POINT FOR CORNER, THENCE N 82638'13" W, A DISTANCE OF 13 53 FEET TO A POINT FOR CORNER, THENCE' N 05°41'1 V W, A DISTANCE OF 16 43 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0120 ACRES OF LAND, MORE OR LESS F,\JOB\SLD\93328101\SDATA\281E)C4A2 FNS SHEET 1 OF 2 A W o; 3 4EDPA A 4934 w�P•e AT, iJ=(h a 4 2 Yam— A —i _ i I P 0 C A—Z __]___—ID=412200 L 950 N 0541 It 1T_ '�1' S BY 10 2! E L=2/8 21 1643 1 T--T=11324 + LC=211 50 ++ I CB=S 015710 E \ N T38 13 1E + \ \ 1353 �\ \ 10 1 6 , D=U 22 00 �� \ R=2B0 50 1J 0 B A-2 L=20469 \ s T=10704 �. vib 2 LC=20027 y\ \Jbg9 CB=N 615710 N I vJ\ \OMB Jae eO� y 1 E 7 $ 1 24 94 I 8 \ \ SOUTHRIDGE ESTATES PHASE 1 16 U E g VOL 1686 PG 8``8 CENTENNIAL HOMES INC DBA TRENDMAKER HOMES O CC# 940003327 9 / 6 10 N BLOCK 3 JOHN McGOWEN SURVEY ABSTRACT NO 797 11 1 tiPt I 2 OF PROPOSED g' ."� ... \SOUTHRIDGE ESTATES MARY 9, VEM r . .. 17 PHASE 3 3 0 fi U E VO 1686NDO 852 -• i� RE ABANDONED By $E SEPARAR INSTRUMENT) gas 14069 — 0h'/ // S 012011 E P 0 B 'A-1 4% /�° 1600 W5j / e P O C A-1 TI N 04425 E a�°5g 57 56 16 DRAINAGE & 2584 / G UTILITY EASEMENT N 044425 E DO VOL 1686 PG 852 7 �� S B04J 5] W - 101197 5/e Wf O UNE BEARING DISTANCE gEgSyAN D345 PC CORPORATION0ya }ISJ PC 847 U LI 5012011 E IP 43 RPRDCt .d L, 5054111 E }021 b _ CUPNE DELTA RADIUS ARC TANGENT BEARING CHORD CI 03I6 IB 275 DO 1570 785 N 824040 E 1570 A D w- MArt OS/16/95 EXHIBIT B Nrwn"e" PARTIAL EASEMENT ABANDONMENT �"'.1 1" SHEET $CALL I .10D 16 DRAINAGE AND UTILITY E$5MENT Le�wA. I alb ArcN4.ciw< x va I686 PG 052 AND 058 9M� *A0 RT"}n„,,,. , C WAAR Br AMW BUT OF THE p n JOIN McGONEN SMURN Y ABSTRACT 797 TEE BURGESS wYE m 2 of L ««� B,, asN pyUS Tt 15247-1961 Cltt R DEMON DEMON COUNTY iNAS Return To City Of Denton Engineering & Transportation o6pt. 221 North Elm Street Denton, Texas 76201 Attention Roger N Wilkinson 1 11 PROVISION NFN6Nw CfliY�f�pp�Qf CUlUR OM Ilb), OFTHE619C018FOA�EF kR I IVA.@ANDUNE SOACEAOLEUNOW P TAW TI IEMAfEOF 111AS 1 iFOFNcYON hen6ym"I noelCUU"TYOsSDIlcalPhM�wµCo4�RaDInm 'A1 dulNMontwsn MAY 10 1996 A%Y .f CtlUNLCi�R FY Gy > DENTON COUNTY MAI Filed for Record in- DENTON COI.IDIIYy TX HONORADLF TIM HOD(rE5/COUNTY CLERK (ITT May 10 1996 AL 3249pm Doc/Num ^ 96-k0032429 Doc/type . Ok Recording: 11.00 Doc/Flgmt : 6 00 Receipt He 14900 Deputy - BRAND1L