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Home My WebLink About1984-175NO // AN ORDINANCE PROVIDING FOR THE CLOSING AND VACATING OF A PORTION OF SPENCER ROAD, A PUBLIC STREET, AS HEREIN DESCRIBED, RESERVING A UTILITY EASEMENT THEREIN, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton, Texas, after due investigation and consideration, has determined that the best interest and welfare of the public will be served by vacating and closing that portion of Spencer Road hereinafter described, and WHEREAS, the adjoining property owners have conveyed to the City real property for the relocation of said street, said property being equal to or greater than the fair market value of the property interest being herein vacated, and WHEREAS, the adjoining property owners have given their written consent to such closing, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the following described portion of Spencer Road is hereby closed and permanently vacated as a public street and right-of-way of any kind or character forever All that certain tract or parcel of land situated in the Mary L Austin Survey, Abstract 4, Denton County, Texas being more fully described as follows COMMENCING at the northwest corner of a 3 8 acre tract Betty J Stallings, et vir, to Robert H Parham, et ux, in a deed dated April 7, 1977, recorded in Volume 832, Page 83, Deed Records of said County, on the west boundary line of said Austin Survey, same being the east boundary line of the W Teague Survey, Abstract 1266 in center line of Woodrow Lane and south right-of-way of Spencer Road, THENCE south 49038156" east a distance of 57 26 feet to an iron pin in east right-of-way of Woodrow Lane and south right-of-way Spencer Road to the point of beginning, THENCE north 01052156" east a distance of 75 75 feet to an iron pin on north right-of-way Spencer Road, THENCE south 50030100" east with the north right-of-way Spencer Road a distance of 408 41 feet to an iron pin, THENCE around a curve to the left having a central angle of 27031'38" length=254 6340 tangent=129 824 feet and chord north 64015'49" west a distance of 252 192 feet to an iron pin, THENCE north 50030100" west a distance of 117 23 feet to the point of beginning and containing 0 3031 acres of land, and SECTION II That in abandoning and vacating the portion of Spencer Road herein described as a public road and right-of-way, the City specifically reserves, and is not vacating or abandoning said described property as a public easement for the purpose of constructing, reconstructing, installing, repairing or maintaining electric lines, water or sewer mains or lines or other utilities or appurtenances therefor, in, on, along, under or across said property SECTION III That the City Secretary is hereby directed to cause a certified copy of this ordinance to be filed with the Office of Deed Records for the County of Denton, Texas SECTION IV That this ordinance shall become effective immediately after its passage and approval PASSED AND APPROVED this the ��day of1984 r'4TON, TEXAS ATTEST CHI T LLEN, CITYSECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY wy,�A THE STATE OF TEXAS § COUNTY OF DENTON § WHEREAS, the City of Denton, Texas, is considering the matter of closing and abandoning as a public street a portion of Spencer Road, said portion of such road being herein described as follows All that certain tract or parcel of land situated in the Mary L Austin Survey, Abstract 4, Denton County, Texas being more fully described as follows COMMENCING at the northwest corner of a 3 8 acre tract Betty J Stallings, et vir, to Robert H Parham, et ux, in a deed dated April 7, 1977, recorded in Volume 832, Page 83, Deed Records of said County, on the west boundary line of said Austin Survey, same being the east boundary line of the W Teague Survey, Abstract 1266 in center line of Woodrow Lane and south right-of-way of Spencer Road, THENCE south 49038156" east a distance of 57 26 feet to an iron pin in east right-of-way of Woodrow Lane and south right-of-way Spencer Road to the point of beginning, THENCE north 01052156" east a distance of 75 75 feet to an iron pin on north right-of-way Spencer Road, THENCE south 50030'00" east with the north right-of-way Spencer Road a distance of 408 41 feet to an iron pin, THENCE around a curve to the left having a central angle of 27031138" length-254 6340 tangent-129 824 feet and chord north 64015'49" west a distance of 252 192 feet to an iron pin, THENCE north 50030100" west a distance of 117 23 feet to the point of beginning and containing 0 3031 acres of land, and WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said Spencer Road being considered for abandonment and to the advantage of the public generally to abandon said portion of Spencer Road, NOW, THEREFORE, in consideration of benefits to be received by the undersigned and the general public, which are hereby acknowledged, the undersigned, being of lawful age, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatsoever kind or nature on account of the abandonment and closing of said portion of said Spencer Road above mentioned It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof IN WITNESS yIEREOF, we have hereunto set our hands this the day of Nei/ , 1984 94YWEZL�O.: THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the _� day of AJo✓ , 1984 by Jewell M Owen Parham NO ARY PUBLIC DENTON COUNTY, TEXAS My Commission expires '2- ;)b'".9S THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of No✓ , 1984 by Robert H Parham ✓brae. �/C��/,� NOTARY PUBLIC DENTON COUNTY, TEXAS My Commission expires P "a? -?!sue VOL 1565PACE 428 REAL PROPERTY RECORD CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 5235 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 84-175 approved by the City of Denton City Council on Tuesday, December 4, 1984 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 5th day of December 198 4 I City Secretary City of Denton, Texas �t jc. t�y1'Saba) 0469C VOL 1565PAGE429 NO 9 `7' // AN ORDINANCE PROVIDING FOR THE CLOSING AND VACATING OF A PORTION OF SPENCER ROAD, A PUBLIC STREET, AS HEREIN DESCRIBED, RESERVING A UTILITY EASEMENT THEREIN, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton, Texas, after due investigation and consideration, has determined that the best interest and welfare of the public will be served by vacating and closing that portion of Spencer Road hereinafter described, and WHEREAS, the adjoining property owners have conveyed to the City real property for the relocation of said street, said property being equal to or greater than the fair market value of the property interest being herein vacated, and WHEREAS, the adjoining property owners have given their written consent to such closing, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the following described portion of Spencer Road is hereby closed and permanently vacated as a public street and right-of-way of any kind or character forever All that certain tract or parcel of land situated in the Mary L Austin Survey, Abstract 4, Denton County, Texas being more fully described as follows COMMENCING at the northwest corner of a 3 8 acre tract Betty J Stallings, et vir, to Robert H Parham, et ux, in a deed dated April 7, 1977, recorded in Volume 832, Page 83, Deed Records of said County, on the west boundary line of said Austin Survey, same being the east boundary line of the W Teague Survey, Abstract 1266 in center line of Woodrow Lane and south right-of-way of Spencer Road, THENCE south 49038'56" east a distance of 57 26 feet to an iron pin in east right-of-way of Woodrow Lane and south right-of-way Spencer Road to the point of beginning, THENCE north 01052'56" east a distance of 75 75 feet to an iron pin on north right-of-way Spencer Road, THENCE south 50030100" east with the north right-of-way Spencer Road a distance of 408 41 feet to an iron pin, THENCE around a curve to the left having a central angle of 27031'38" length=254 6340 tangent-129 824 feet and chord north 64°15'49" west a distance of 252 192 feet to an iron pin, THENCE north 50030100" west a distance of 117 23 feet to the point of beginning and containing 0 3031 acres of land, and SECTION II That in abandoning and vacating the portion of Spencer Road herein described as a public road and right-of-way, the City specifically reserves, and is not vacating or abandoning said described property as a public easement for the purpose of i voL 1565PaoEt)d constructing, reconstructing, installing, repairing or maintaining electric lines, water or sewer mains or lines or other utilities or appurtenances therefor, in, on, along, under or across said property SECTION III That the City Secretary is hereby directed to cause a certified copy of this ordinance, to be filed with the Office of Deed Records for the County of Denton, Texas SECTION IV That this ordinance shall become effective immediately after its passage and approval PASSED AND APPROVED this the ��day of '� 1^ ' 1984 • 1 TON, TEXAS ATTEST CHARLO TTE , CITY SECKETAKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY yln� E� @r421 ! 85 J] � M� ` FO Ty % � \