HomeMy WebLinkAbout1992-113ALL0024C
ORDINANCE NO.
AN ORDINANCE VACATING PUBLIC UTILITY EASEMENTS ON 2.258 ACRES OF
LAND LYING IN THE MARY L. AUSTIN SURVEY, ABSTRACT NUMBER 4, CITY OF
DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF EASEMENTS FROM
C.M. SIMMONS ET UX TO BRAZOS ELECTRIC POWER COOPERATIVE, INC.
RECORDED IN VOLUME 437, PAGE 613 AND VOLUME 449, PAGE 439 OF THE
DEED RECORDS OF DENTON COUNTY, TEXAS AND ASSIGNED BY BRAZOS
ELECTRIC POWER COOPERATIVE, INC. TO THE CITY OF DENTON IN
INSTRUMENT RECORDED IN VOLUME 2736, PAGE 825, REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for abandon-
ment of utility easements from First State Bank of Denton, Texas,
owner of certain property affected by said easements;
WHEREAS, the City Council of the City of Denton has determined
that the easements being vacated are no longer needed for public
use; and
WHEREAS, the fair market value of the easements have been de-
termined and received in the form of execution of a new utility
easement granted upon the property from First State Bank to the
City of Denton in an easement executed on the 26th day of May,
1992, as required by section 272.001 of the 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 public utility easements on 2.258 acres of
land lying in the Mary L. Austin Survey, Abstract Number 4, City of
Denton, Denton County, Texas, described in attached Exhibit "A" and
being a portion of the easements described in instruments recorded
in Volume 437, Page 613 and Volume 449, Page 439 of the Deed
Records of Denton County, Texas, and assigned to the City of Denton
in Volume 2736, Page 825 of the Real Property Records of Denton
County, Texas are permanently vacated and extinguished as an
easements for public utilities.
SECTION II. That by reason of such vacation the City of
Denton's property interest in the easements 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 property as an easement for public utilities.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the �r� day of
AT EbT:
JENNIFER WALTERS, CITY SECRETARY
BY' AAA A j ILla
APPRUAPPR ED AS TO LEGAL FORM:
ID A
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Page 2
1992.
EXHIBIT "A"
All that certain tract of parcel of land situated in the M. Austin
Survey, Abstract 4, Denton County, Texas, being a part of a 41 +
acre tract deeded to Malcolm Simmons et ux, from L.E. Walker et ux
on March 7, 1946, recorded in Volume 324, Page 162, Deed Records of
said County, and being more particularly described as follows:
BEGINNING at a point on the north side of a public road called
"Spencer Road" at a fence gorner 60 feet north of the southeast
corner of said 41 acre tract;
THENCE north 720 46' 30" west with said north side of Spencer Road
270.64 feet to a right-of-way monument on the east right-of-way of
Loop 288;
THENCE north 200 00' 40" west with said Loop 288 right-of-way 59.7
feet to a right-of-way monument;
THENCE northeasterly with a 1.95890 curve to the left having a
tangent bearing north 320 461 52" east 126.6 feet to a right-of-way
monument;
THENCE north 320 301 08" east with said right-of-way 204.8 feet to
an iron pipe for a corner;
THENCE northeasterly with a 1.948880 curve to the left at 2.0 feet
passing a right-of-way monument, continuing a total distance of
332.57 feet to an iron pipe for a corner;
THENCE south 20 111 10" west with a fence 723.19 feet to the place
of beginning containing 2.258 acres of land.
AEE00015
VOL3278 'PG08'85
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
41044
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 No.
92-113 as passed by the City of Denton City Council on
July 7, 1992.
TO CERTIFY WHICH, witness my official signature and the
seal of said City, this the 9th day of July , 19 92
y ec etary
y of penton, Texas
0469C
ALL0024C
VOL 3 2 78 PGO 8 8 6
ORDINANCE NO. f /-[ 1
AN ORDINANCE VACATING PUBLIC UTILITY EASEMENTS ON 2.258 ACRES OF
LAND LYING IN THE MARY L. AUSTIN SURVEY, ABSTRACT NUMBER 4, CITY OF
DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF EASEMENTS FROM
C.M. SIMMONS ET UX TO BRAZOS ELECTRIC POWER COOPERATIVE, INC.
RECORDED IN VOLUME 437, PAGE 613 AND VOLUME 449, PAGE 439 OF THE
DEED RECORDS OF DENTON COUNTY, TEXAS AND ASSIGNED BY BRAZOS
ELECTRIC POWER COOPERATIVE, INC. TO THE CITY OF DENTON IN
INSTRUMENT RECORDED IN VOLUME 2736, PAGE 825, REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for abandon-
ment of utility easements from First State Bank of Denton, Texas,
owner of certain property affected by said easements;
WHEREAS, the City Council of the City of Denton has determined
that the easements being vacated are no longer needed for public
use; and
WHEREAS, the fair market value of the easements have been de-
termined and received in the form of execution of a new utility
easement granted upon the property from First State Bank to the
City of Denton in an easement executed on the 26th day of May,
1992, as required by section 272.001 of the 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 public utility easements on 2.258 acres of
land lying in the Mary L. Austin Survey, Abstract Number 4, City of
Denton, Denton County, Texas, described in attached Exhibit "A" and
being a portion of the easements described in instruments recorded
in Volume 437,, Page 613 and Volume 449, Page 439 of the Deed
Records of Denton County, Texas, and assigned to the City of Denton
in Volume 2736, Page 825 of the Real Property Records of Denton
County, Texas are permanently vacated and extinguished as an
easements for public utilities.
SECTION II. That by reason of such vacation the City of
Denton's property interest in the easements 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 property as an easement for public utilities.
SECTION IIi. That this ordinance shall become effective imme-
diately upon its passage and approval.
VOL3278 PG08U
PASSED AND APPROVED this the �Ir day of , 1992.
CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY•
Page 2
VOL 3 2 7 $''.pip $$
EXHIBIT "A"
All that certain tract of parcel of land situated in the M. Austin
Survey, Abstract 4, Denton`County, Texas, being a part of a 41 +
acre tract deeded to Malcolm Simmons at ux, from L.E. Walker at ux
on March 7, 1946, recorded in Volume 324, Page 162, Deed Records of
said County, and being more particularly described as follows:
BEGINNING at a point on the north side of a public road called
"Spencer Road" at a fence corner 60 feet north of the southeast
corner of said 41 acre tract;
THENCE north 720 46F 30" west with said north side of Spencer Road
270.64 feet to a right-of-way monument on the east right-of-way of
Loop 288;
THENCE north 200 00' 40" west with said Loop 288 right-of-way 59.7
feet to a right-of-way monument;
THENCE northeasterly with a 1.95890 curve to the left having a
tangent bearing north 320 461 52" east 126.6 feet to a right-of-way
monument;
THENCE north 320 30' 08" east with said right-of-way 204.8 feet to_
an iron pipe for a corner;
THENCE northeasterly with a 1.948880 curve to the left at 2.0 feet
passing a right-of-way monument, continuing a total distance of
332.57 feet to an iron pipe for a corner;
THENCE south 20 111 loll west with a fence 723.19 feet to the place
of beginning containing 2.258 acres of land.
AEE00015
RETURN T0: City,of Denton
215 E. McKinney
Denton, TX 76201
ATTN: Roger N. Wilkinson
vote 3 2,;i; ;
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