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HomeMy WebLinkAbout1983-144NO V� �21 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT, AND DECLARING AN EFFECTIVE DATE WHEREASt the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Denton Four Joint Venture, as hereinafter provided, and WHEREAS, tile City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Denton Four Joint Venture, for the consideration hereinafter more fully set forth, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENION SECTION I That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, being out of the J D Lilly Survey, Abstract No 762 and being out of a certain tract of land conveyed to G H Neely by deed of record in Volume 150, Page 325 of the Deed Records of Denton County, Texas and conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at the southeast corner of the tract conveyed to G H Neely by the deed recorded in Volume 15U, Page 325 of the Deed Records of Denton County, Texas, said southeast corner being 25 feet, more or less, north of the southeast corner of the J D Lilly Survey, Abstract No 762, THENCE north 12001 east 546 feet along the east boundary line of the above mentioned tract to a point for corner, THENCE north 78001 west 700 feet, more or less, to a point for corner, 1HENCE north 12001 east 900 feet, more or less, to a point for corner, THENCE north 180201 west 300 feet, more or less, to a point for corner, same being in the south boundary line of the Texas & Pacific Railroad right-of-way, THENCE 20 feet along said right-of-way in a southwesterly direction to a point for corner, THENCE south 180201 east 300 feet to a point for corner, THENCE south 12001 west 920 feet, more or less, to a point for corner, THENCE south 78001 east 700 feet, more or less, to a point tor corner, THENCE south 1200' west 526 feett more or less, to a point for corner, THENCE 20 feet in a northeasterly direction along the south boundary line of said tract to the place of beginning SECTION II That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said utility easement described therein to Denton Four Joint Venture SECTION III That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not SECTION IV This ordinance shall take effect and be in tull force and effect from and after the date of its passage, and it is so ordained PASSED AND APPROVED by the City Council of the City of Denton, Texasr this the J/) day of December, 1983 109,01v MR., MWSTETWAgiRT, ILTON, TEXAS ATTEST /) /vI Lze CHARLOTTE ALLEN, CITY 5BURNTARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY 44��) PAGE TWO w Aiull CLAIM DEED THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON That The City of Denton, Texas, a Municipal Corporation of the County of Denton and State of Texas r for and in consideration of thesum of -------------------------------------------------------------- --------------------- TEN AND NOX100 ($10 00) ------------------ DOLLARS, and other good and valuable consideration to it in hand paid by Denton Four Joint Venture of the County of Denton and State of Texas the receipt of which is hereby acknowledged, do, by these presents, BARGAIN SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Denton Four Joint Venture, its successors twiscand assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, Lo-wit All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, being out of the J D Lilly Survey, Abstract No 762 and being out of a certain tract of land conveyed to G H Neely by deed of record in Volume 150, Page 325 of the Deed Records of Denton County, Texas and conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at the southeast corner of the tract conveyed to G H Neely by the deed recorded in Volume 150, Page 325 of the Deed Records of Denton County, Texas, said southeast corner being 25 feet, more or less, north of the southeast corner of the J D Lilly Survey, Abstract No 762, THENCE north 1200' east 546 feet along the east boundary line of the above mentioned tract to a point for corner, THENCE north 78001 west 700 feet, more or less, to a point for corner, THENCE north 1200' east 900 feet, more or less, to a point for corner, THENCE north 18020' west 300 feet, more or less, to a point for corner, same being in the south boundary line of the Texas & Pacific Railroad right-of-way, THENCE 20 feet along said right-of-way in a southwesterly direction to a point for corner, THENCE south 18020' east 300 feet to a point for corner, THENCE south 12001 west 920 feet, more or less, to a point for corner, THENCE south 78001 east 700 feet, more or less, to a point for corner, THENCE south 12001 west 526 feet, more or less, to a point for corner, THENCE 20 feet in a northeasterly direction along the south boundary line of said tract to the place of beginning TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi leges and appurtenances thereto in any maimer belonging unto the said Denton Four Joint Venture, its successors >hexx and assigns, forever, so that neither the Grantor the said City of Denton, Texas, a Municipal Corporation, its successors nor xhE=�mw any person or persons claiming under it shall, at any time hereafter, have claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of WITNESS our hand at day of Denton, Texas Witnesses at Request of Grantor ATTEST C-TTARLOTTE ALLEN, —CITY SECRETARY this A D 19 CITY OF DENTION EXAS BY . "4 — fd �OI rH AIR D STIfINV�RT V SINtxLE ACh_N0WLh0(_V_w'NT THE STATE OF TEXAS, BEFORE '�iL the andci�igned -uthority COU\TY OF f in and for said Count� Texas on this da� pct onilly appeared kno%n to me to be the person whose name subscribed to the foregoing instrument and acknowledged to me that he executed the same foi the puiposes and consideration therein expressed GIVEN UNDER MY HAND AND SEdLL OF OFFICE This day of JL D 19 (I S Notaiy Public County Texas My Commission Expaes June 1 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME the undersigned authority COUNTY OF in and for said County Texas on this day pei serially appeared known to me to be the person whose name subscribed to the foiegoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of k D 19 (L S Notaty Public County Texas My Commission Expires June 1 19 THE STATE OF TEXAS� BEFORE ME the undersigned authonty COUNTY OF DgNTON in and for said (ounty Texas on this day personally appeared Richard-_0 -Stewart, mayor o-f the ci-ty o± DerLton, Texas known to me to be the person and offleer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said -Cit.y of Deqjton, Texas, a MunicipAL- y( corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of A D 19 (LS Notary Public -------County Texas My Commission Expires June 1 19-- CLERK'S CERTIFICATE THE STATE OF TEXA.Sf County COUNTY OF Clerk of the County Court of said County do hereby certify that the foregoing instrument of writing dated on the day of A D 19 with its Certificate of Authentication Ass filed for record in my office on the day of A D 19 at o clock M and dul� recorded this day of A D 19 at o clock M in thf Records of said County in Volume WITNESS MY RAND AND SEAL OF THE COUNTY COURT of said County at ofllce in the day and vear last aboNe written (L S) E-1 E- z 0 N z 0 E� E­i z z H 9 W E� 0 U Pk Q I-) rZ4 z 0 lk� E-i z 0 UW E� z E� County Clerk By on pages County Texas Deputy E� Z 0 z W 0 z P H Z U 3: 44 rA W 0 9:1 P4 0 0 3 -_ El P4 4 H 94 U z 0 z 0,1 El W