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Home My WebLink About1992-057ORDINANCE NO 2; -0,5�2 AN ORDINANCE VACATING AN ELECTRIC UTILITY EASEMENT RECORDED IN VOLUME 1473, PAGE 615 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for abandonment of an electric utility easement upon property presently owned by Paces Crossing Ltd , a Texas Limited Partnership, and First Denton Ltd , the prospective purchaser of said property, WHEREAS, the City Council of the City of Denton has determined that the easement requested to be vacated is no longer needed for public use, and WHEREAS, the fair market value of the easement has been deter- mined and received, 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 an electric utility easement recorded in vol- ume 1473, Page 615 of the Real Property Records of Denton County, Texas, as described in Exhibit "A", attached hereto and incorpo- rated herein by reference, is permanently vacated and extinguished as an easement for electric utilities SECTION II That by reason of such vacation the City of Denton's property interest in the 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 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 day of , 1992 BOB CASTLEBERRY, MA Page 1 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY _J ALL001AO\1705 7 2h 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, and being part of the J McGowan Survey, Abstract 797 and being part of a tract of land as conveyed from Johnnie W Richards and wife, Constance Jean Richards to Jackie T Brown and wife, Leta Nell Brown by deed dated March 19, 1965 and recorded in Volume 521, Page 129 of the Deed Records of Denton County, Texas and being all of that electric utility easement tract conveyed from Jackie T Brown and wife, Leta Nell Brown to the City of Denton, Texas by deed dated February 21, 1974 and recorded in Volume 1473, Page 615 of the Real Property Records of Denton County, Texas and more particularly described as follows BEGINNING at the southwest corner of said Brown tract, said point of beginning lying in the northeast right-of-way line of Interstate Highway I35E and also being the southeast corner of a tract of land conveyed from W E Singleton to T E Marshall by deed dated September 24, 1944 and recorded in Volume 292, Page 488 of the Deed Records of Denton County, Texas, THENCE north 400 53' east along the west boundary line of said Brown tract a distance of 223 60 feet to a point for corner, said point lying in the east boundary line of said McGowan Survey, THENCE south 010 28' east along the east boundary line of said McGowan Survey a distance of 23 75 feet to a point for corner, THENCE south 400 53' west 16 feet southeast of and parallel with the west boundary line of said Brown tract a distance of 218 72 feet to a point for corner in the southwest boundary line of said Brown tract, same being the northeast right-of-way line of Interstate Highway 35E, THENCE north 390 38' west along the southwest boundary line of said Brown tract, same being the northeast right-of-way line of Interstate Highway 35E, a distance of 16 22 feet to the POINT OF BEGINNING and containing 3,661 33 square feet of land AEE00015 n I i s s P. t v0L 319 9 Pc0'14 0 RbN(� R st'�C_E10 NO 0-5 2 AN ORDINAN6F6rVACA AN ELECTRIC UTILITY EASEMENT RECORDED IN VOLUME 1 PAGE 61 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND OVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for abandonment of an electric utility easement upon property presently owned by Paces Crossing Ltd , a Texas Limited Partnership, and First Denton Ltd , the prospective purchaser of said property, WHEREAS, the City Council of the City of Denton has determined that the easement requested to be vacated is no longer needed for public use, and WHEREAS, the fair market value of the easement has been deter- mined and received, 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 SErrTION I That an electric utility easement recorded in vol- ume 1473, Page 615 of the Real Property Records of Denton County, Texas, as described in Exhibit "A", attached hereto and incorpo- rated herein by reference, is permanently vacated and extinguished as an easement for electric utilities SECTION 11 That by reason of such vacation the City of Denton s property interest in the 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 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 day of , 1992 BOB CASTLEBERRY, Page 1 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY ALL001AO\1705 7 2h Page 2 'VOL 319 9 PGO 3 4 1 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, and being part, of the J McGowan Survey, Abstract 797 and being part of a tract of land as conveyed from Johnnie W Richards and wife, cgAstance Jean Richards to Jackie T Brown and wife, Leta Nell Brown by deed dated March 19, 1965 and recorded in Volume 521, Page 149 of -the Deed Records of Denton County, Texas and being all of that e1'egtric utility easement tract conveyed from Jackie T Brown and wk9e, Leta Nell Brown to the City of Denton, Texas by deed dated Fe}Truary 21, 1974 and recorded in Volume 1473, Page 615 of the 4;1 Property Records of Denton County, Texas and more particularly described as follows BEGINNING at the southwest corner of said Brown tract, said point of beginning lying in the northeast right-of-way line of Interstate Highway I35E and also being the southeast corner of a tract of land conveyed from W E Singleton to T E Marshall by deed dated September 24, 1944 and recorded in Volume 292, Page 488 of the Deed Records of Denton County, Texas, THENCE north 400 53' east along the west boundary line of said Brown tract a distance of 223 60 feet to a point for corner, said point lying in the east boundary line of said McGowan Survey, THENCE south 010 281 east along the east boundary line of said McGowan Survey a distance of 23 75 feet to a point for corner, THENCE south 400 53' west 16 feet southeast of and parallel with the west boundary line of said Brown tract a distance of 218 72 feet to a point for corner in the southwest boundary line of said Brown tract, same being the northeast right-of-way line of Interstate Highway 35E, THENCE north 390 38' west along the southwest boundary line of said Brown tract, same being the northeast right-of-way line of Interstate Highway 35E, a distance of 16 22 feet to the POINT OF BEGINNING and containing 3,661 33 square feet of land AEE00015 {�EicaP.tii TC' R06SIQ. aISE-'9ST ST DENTON,T1` 74.za( STATE OF TEXAS COUNTY OF DENTON InetrumeatOwa�IsdEon the dare and tune temlQ d�ryeieonhby ml andrgsduXylecordedmthevolumcanv nar x n m o n n of Denton fm APR 8 1992 Gaaty Cow s Ce. COUMCLENN Denton County Texa voL31 91%1PGOrl 4�311 1 1 � � C Ci C7 m Q7 C_J X