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Home My WebLink About1995-125E:\WPDOCS\ORD\DATCU.ORD ORDINANCE NO. 7,-j / � AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY EASEMENT SHOWN ON THE LOT 1R, BLOCK 1 REPLAT OF THE DENTON AREA TEACHERS CREDIT UNION ADDITION, FILED IN CABINET H, PAGE 279 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Gerald Stone on behalf of the Denton Area Teachers Credit Union for the abandonment of a certain public utility easement; and WHEREAS, the City Council of the City of Denton has determined that the public utility easement being vacated is no longer needed for public use, by virtue of its substitution with another utility easement; and WHEREAS, the fair market value of the utility 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 sixteen foot (161) public utility easement described in Exhibit "A", attached hereto and incorporated herein by reference, as shown on the Lot 1R, Block 1, Replat of the Denton Area Teachers Credit Union addition, filed in Cabinet H, Page 279 of the Plat Records of Denton County, Texas, is permanently vacated and extinguished as a public easement; provided, however, that there is hereby expressly reserved a public utility easement evidenced by a document executed by Harold C. Lewis on May 16, 1995, filed as document 95-R0028965 in the Real Property Records of Denton County, Texas, wherein a relocated public utility easement was granted to the City of Denton, a true and correct copy of which is attached hereto and incorporated by reference herein as Exhibit "BOO SECTION II. That by reason of such vacation the City of Denton's property interest in that portion of the easement vacated 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 portion of the property vacated as a public easement. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY• JIM } APPROVED AS TO LEGAL FORM: HERBERT L.-PRAU17ITY ATTORNEY BY :- 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 William Loving Survey, Abstract 759, and being part of Lot 1R, Block 1, being a replat of Denton Area Teachers Credit Union Addition, Lot 1, filed in Cabinet H, Page 279 of the Plat Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the northwest corner of said Lot 1R, same being a point on the south line of Mulberry Street; THENCE East along the north line of said Lot 1R and the south line of Mulberry Street a distance of 83.75 feet to the POINT OF BEGINNING; THENCE East along said lines a distance of 41.76 feet to a point for corner; THENCE South a distance of 16 feet to a point for corner; THENCE West a distance of 20 feet to a point for corner; THENCE South 17° 20' 04" East a distance of 139.96 feet to a point for corner, said point lying on a south line of said Lot 1R; THENCE West a distance of 16.76 feet to a point for corner, said point being an inner corner of said lot 1R; THENCE North 170 20' 0411 West a distance of 156.73 feet to the POINT OF BEGINNING and containing 2,867 square feet of land. ;7 EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Denton Area Teachers Credit Union of Denton County, Texas, in consideration of the sum of one dollar ($1.00) and no cents and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them situated in Denton County, Texas in the William Loving Survey, Abstract No. 759. 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 William Loving Survey, Abstract 759, and being part of Lot 1R, Block 1, being a replat of Denton Area Teachers Credit Union Addition, Lot 1, filed in Cabinet H, Page 279 d of Denton County, Texas and being more particularly described as follows: BEGINNING at the most westerly southeast corner of said Lot 1R, said point bears East 148.43 feet from the southwest corner of said Lot 1R, same being a point on the north line of Sycamore Street; THENCE West along the north line of Sycamore Street and the south line of said Lot 1R a distance of 10 feet to a point for corner; THENCE North 000 02' 24" East a distance of 299.93 feet to a point for corner, said point lying on the north line of said Lot 1R and the south line of Mulberry Street; THENCE East along said lines a distance of 10 feet to a point for corner; THENCE South 000 02' 24" West passing at 149.61 feet an inner corner of said Lot 1R and continuing along an east line of said Lot 1R a total distance of 299.93 feet to the POINT OF BEGINNING and containing 2,999 square feet of land. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public facilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand, this the 16 day of May . A.D. 1995. THE STATE OF TEXAS COUNTY OF DENTON This. instrument 19 This.instrument • Noaiy Public •,_ �; ' TEXAS , CAEOfTlm My iw En*w JUNE 1997 Denton Area Teachers Credit Union BY: TITLE: Executive Vice President ]Tjr ged before me on pC 1 _ Notary ublic, in�an,jCd for the State of Texas t 319� My Commission Expires 17 Accepted this 7 day of l/ 19�_ for the City of Denton, Texas (Resolution No. 91-073). BY: ��'/� ��"" " �`' RETURN T0: City of Denton Rog N. Wilkinson 215 E. McKinney Right -of -Way Agent Denton, TX 76201 ATTN: Roger N. Wilkinson AEE00552 led for Record in: U' TXC0 rR TIM HODGESJ On May "' 99� .It 2:22po Doc/NUM .,-R002B9 Doc/fvpe ERS Recur iq: 5.00 ll oc/ mt 6.00 R elot k: 13673 eout> - HRANDIE RETURN TO., City of Denta 215 E. McKinney Denton. TX T6201 ATTN: Rotor N. WilkineoMm , �° aVS1F9 �y �,p� a ES Aml 3E'� rkI1I��is Cc�qr ihp8 F FTEXAS � Il"5�i eF Li(ay�r.,. J1 p4 O„CWIRuhllc {�heenn�meahPdv�ffidlgaEa,lnhc sofAEyIPFaVC.Ro!!jen•�•, county, CY�9po JUL 2-1199S �¢1pF OEt'4�4�'E Filed for Record in: DENTON COUNTY, TX HONORABLE TIM HODGES/COUNTY CLERK. On Jul 21 1995 At 8:54am Doc/Num : 95-ROO42981 Doc/Type : OR Recording: 15.00 Doc/Mgmt 6.00 Receipt H: 19932 Deputy - BRANDIE C) 0 X M (n m m Z SCALE: I" = 60' Lot I-R, Block Proposed Abandonment Tract Existing Sewer Line Recently Obtained 10' Utility Easement Denton Area Teachers Credit Union Addition Cabinet H, Page 279 Plat Records of Denton County, Texas May 5, 1995 E:\WPDOCS\ORD\DATCU.ORD ORDINANCE NO. :2"'/�� AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY EASEMENT SHOWN ON THE LOT 1R, BLOCK 1 REPLAT OF THE DENTON AREA TEACHERS CREDIT UNION ADDITION, FILED IN CABINET H, PAGE 279 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Gerald Stone on behalf of the Denton Area Teachers Credit Union for the abandonment of a certain public utility easement; and WHEREAS, the City Council of the City of Denton has determined that the public utility easement being vacated is no longer needed for public use, by virtue of its substitution with another utility easement; and WHEREAS, the fair market value of the utility 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 sixteen foot (16') public utility easement described in Exhibit "A", attached hereto and incorporated herein by reference, as shown on the Lot 1R, Block 1, Replat of the Denton Area Teachers Credit Union addition, filed in Cabinet H, Page 279 of the Plat Records of Denton County, Texas, is permanently vacated and extinguished as a public easement; provided, however, that there is hereby expressly reserved a public utility easement evidenced by a document executed by Harold C. Lewis on May 16, 1995, filed as document 95-R0028965 in the Real Property Records of Denton County, Texas, wherein a relocated public utility easement was granted to the City of Denton, a true and correct copy of which is attached hereto and incorporated by reference herein as Exhibit "Bu SECTION II. That by reason of such vacation the City of Denton's property interest in that portion of the easement vacated 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 portion of the property vacated as a public easement. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L,,,PROUTY; ,CITY ATTORNEY PAGE 2 70 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 William Loving Survey, Abstract 759, and being part of Lot 1R, Block 1, being a replat of Denton Area Teachers Credit Union Addition, Lot 1, filed in Cabinet H, Page 279 of the Plat Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the northwest corner of said Lot 1R, same being a point on the south line of Mulberry Street; THENCE East along the north line of said Lot 1R and the south line of Mulberry Street a distance of 83.75 feet to the POINT OF BEGINNING; THENCE East along said lines a distance of 41.76 feet to a point for corner; THENCE South a distance of 16 feet to a point for corner; THENCE West a distance of 20 feet to a point for corner; THENCE South 17° 20' 04" East a distance of 139.96 feet to a point for corner, said point lying on a south line of said Lot 1R; THENCE West a distance of 16.76 feet to a point for corner, said point being an inner corner of said lot 1R; THENCE North 170 20' 04" West a distance of 156.73 feet to the POINT OF BEGINNING and containing 2,867 square feet of land. EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Denton Area Teachers Credit Union of Denton County, Texas, in consideration of the sum of one dollar ($1.00) and no cents and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them situated in Denton County, Texas in the William Loving Survey, Abstract No. 759. 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 William Loving Survey, Abstract 759, and being part of Lot 1R, Block 1, being a replat of Denton Area Teachers Credit Union Addition, Lot 1, filed in Cabinet H, Page 279 0 of Denton County, Texas and being more particularly,described as follows: BEGINNING at the most westerly southeast corner of said Lot 1R, said point bears East 148.43 feet from the southwest corner of said Lot 1R, same being a point on the north line of Sycamore Street; THENCE West along the north line of Sycamore Street and the south line of said Lot 1R a distance of 10 feet to a point for corner; THENCE North 000 02' 24" East a distance of 299.93 feet to a point for corner, said point lying on the north line of said Lot 1R and the south line of Mulberry Street; THENCE East along said lines a distance of 10 feet to a point for corner; THENCE South 000 02' 24" West passing at 149.61 feet an inner corner of said Lot 1R and continuing along an east line of said Lot 1R a total distance of 299.93 feet to the POINT OF BEGINNING and containing 2,999 square feet of land. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public facilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand, this the 16 day of May , A.D. 1995. THE STATE OF TEXAS COUNTY OF DENTON This.instrument rasa 19 b5 'T�� ELPAN?H CREWS '*' •` Notary Public STATE OF TEXAS RAy commlWon Expires ' JUNE 3, 1997 I Denton Area Teachers Credit Union BY: TITLE: Executive Vice President ed before me on Notary Public, in and for the , State of Texas My Commission Expires "Q' 3/97 Accepted this day of A1111�119 for the City�f Denton, Texas, (Resolution No.91-073) . BY: �� RETURN TO City Of Denton Rog N. Wilkinson 215 E. McKinney Right -of -Way Agent Denton, TX 76201 ATTN: Roger N. Wilkinson AEE00552 Filed for Record in: DENTON COUNTY TX HONORABLE TIM HODGE5/COUNTY CLERK On May 18 1995 At 2%22pm Doc/Hum % 95-ROO28965 Doc/Type % EA5 Recording% 5.00 Doc/Mgmt % 6.00 Receippt #% 13673 Deputy - BRAHDIE CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 042981 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. 95-125 as approved by the City of Denton City Council on July 5, 1995. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 13th day of June, 1995. C y Secr ary City of Denton, Texas AMM00535