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HomeMy WebLinkAbout1983-143NO 6Z�IZI�5' AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UIILITY 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 TRACI OF LAND CONVEYED BY SAID EASEMENT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee hereint 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, the 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 DENTON SECTION I That the following described tract of land in the City of Denton be and the same is hereby abancionea, 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 Joe Belew by deed dated December 12, 1981 recorded in Volume 1116, Page 129 and deed to Tom D Jester, Jr dated September 16, 1983 recorded in Volume 1258, Page 915 of the Deed Records of Denton County, Texas, conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING 325 feet north of the southwest corner of the Neely tract, said southwest corner also being the southeast corner of the John W Mozingo Aadition to the City of Denton, Texas, THENCE north along the east line of said Mozingo Addition 20 feet to a point for a corner, THENCE east 251 3 feet, a point for corner, THENCE north 162 7 feet, a point for corner, said point being in the south line of a sewer easement heretofore granted by G H Neely and wife in 1952, THENCE east 20 feet along said south line of said prior sewer easement to a point for corner, THENCE south 182 7 feet, a point for corner, THENCE west 271 3 feet 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 otners, if any, whether apparent or not SECTION IV This ordinance shall take effect and be in full 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, Texas, this the,-) Z�t* day of December, 1983 �ZZY - 4STEW?;RTi-, , & MAY04 /JKI�HARD - 0 r 'VCI , Y OF DENTON, TEXAS ATTEST CHARLOTTE-ALLEN, CITY SECRETYRY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE TWO THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS COUN`n OF DENTON That The City of Denton, Texas, a Municipal Corporation of the County of Denton and State of Texas for and inconsideration of the sum of - - - - - - - - - - - - - - - - - ------------------- TEN AND NOZ100 ($10 00) ----- 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 -1)OLLARS, , 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 helm and 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, to -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 Joe Belew by deed dated December 12, 1981 recorded in Volume 1116, Page 129 and deed to Tom D Jester, Jr dated September 16, 1983 recorded in Volume 1258 1 Page 915 of the Deed Records of Denton County, Texas, conveyed to Denton 1111 Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING 325 feet north of the southwest corner of the Neely tract, said southwest corner also being the southeast corner of the John W Mozingo Addition to the City of Denton, Texas, THENCE north along the east line of said Mozingo Addition 20 feet to a point for a corner, THENCE east 251 3 feet, a point for corner, THENCE north 162 7 feet, a point for corner, said point being in the south line of a sewer easement heretofore granted by G H Neely and wife in 1952, THENCE east 20 feet along said south line of said prior sewer easement toill a point for corner, I THENCE south 182 7 feet, a point for corner, I THENCE west 271 3 feet 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 manner belonging unto the said Denton Four Joint Venture, its successors xbe= and assigns, forever, so that neither the Grantor the said the City of Denton, Texas, a Municipal Corporation, its successors nor kmrs;�Hor 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 Witneqqes at Request of Grantor 7,TTEST -H PLOT E �ALLEN, CITY SECRE-TA this A D 19 CITY OF N ON, 4TEXAS B�%— 1 - g ST I HAR ST ART, �41A SINULE iCKINOWLED(�VENT 0 0 N U THE STATE OF TEX 4,S, COUNTY OF BEFORE )iL the undei lelled L'o It in and for said County Texas on this day pet onill� appeared kno�n to me to be the person whose name subscribed to the foiegoing instrument and acknowledzed to me that he executed the same for the purposes and consideration theism expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of k D 19 (L S ) Notaiy Public Count� Texa My Commission Expues 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 petsonally appeared known to me to be the person whose name subscribed to the foiegoing instrument and acknoN�ledgcd to me that he executed the same for the purposes and consideiation therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of A, D 19 (L S Notaiy Public County Texas My Commission Expires June 1 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME the undersigned authority COUNTY OF DENTON in and for said County Texas on this day personally appeared Richard - 0 Stewart, Mayor of the CLty of-J)-entan, Taxas known to me to be the person and officer whose name is subscribed to the foregoing instrument ardf-Tcl�n�Wledg-ed-to-me that the same was the act of the said -City of Denton, Texas, a Xuaiz.Lpal *corporation and that he executed the same as the act of such corporation for the purposes and consideration therpin expressed and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE This --day of AD 19 (LS) Notary Public -Den-toxi.— County Texas My Commission Expires June 1 19— CLERK'S CERTIFICATE THE STATE OF TEXAS, 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 �as filed for record in my office on the day of A D 19 at o clock N1 and duly recorded this day of A D 19 at o clock M in the 0 z Records of said County in Volume on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County at office in the day and year I Lst abo�e written County Clerk County Texas (L 8 By Deput� E� 2 0-4 X E� < 0 Z c4 W r&4 0 >4 P H U Cy W E� E,i z cl z 04 H 0 0 0 E-i z E� Z 0 z In 0 Z E� 0 >1 U E� 0 H I�� U 0 (D E� E�