HomeMy WebLinkAbout1983-084/ 1 4
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 fHE TRACT 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 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 Jack Bell
Construction Co , 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 Jack Bell
Construction Co , for the consideration hereinafter more fully
set forth, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENfON
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 0 0320 acre tract or parcel of land situated in
the M E P $ P R R Co Survey, Abstract No 927, City and
County of Denton, Texas, said tract being part of a tract
described in a deed to Jack Bell Construction Co as recorded in
Volume 1064, Page 703 of the Deed Records of Denton County,
Texas and part of two tracts as described in a deed to Jack Bell
Construction Co as recorded in Volume 1064, Page 703 and part
of a deed to Jack Bell Construction Co as recorded in Volume
1064, Page 703 of the Deed Records of Denton County, Texas, said
tract being further described herein by metes and bounds as
follows
COMMENCING from the northeast corner of said Jack Bell
Construction Co tract recorded in Volume 1064, Page 703 in the
center of Mayhill Road,
THENCE south 89/14150/1 west 30 00 feet to the place of
beginning, said point beginning being the northeast corner of
Lot 3, East McKinney Street Addition,
THENCE south 0104' west with the west line of said Mayhill Road
and the east line of Lot 3, 16 0 feet to a point for a corner,
THENCE south 89014150/1 west 87 02 feet to a point for corner,
THENCE north 0*4511011 west 16 0 feet to a point on the north
line of Lot 3, East McKinney Addition,
THENCE north 89/14150/1 east 87 25 feet to the point 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 Jack Bell Construction Co
PAGE ONE
SECTION III
rhat 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 full force and
effect from and after the date of its passage, and it is so
ordained
PASSED AND APPROVED the City Council of the City of
Denton, Texas, this the � day of 1983
ll 0 S E AY
CIT OF D NTON, 1EXAS
ATTEST
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
COUNTY OF DENTON }
in
That The City of Denton, Texas, a Municipal Corporation
of the County of Denton and State of Texas for and in consideration of
thesum of -------------------------------------------------------------
------------------Ten and No/100 ($10 00) -------------------- DOLLARS,
to it in hand paid by Jack Bell Construction Company
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 Jack Bell Construction Company, its successors
hems 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 0 0320 acre tract or parcel of land situated in the
M E P $ P R R Co Survey, Abstract No 927, City and County of Denton,
Texas, said tract being part of a tract described in a deed to Jack Bell
Construction Co as recorded in Volume 1064, Page 703 of the Deed Records
of Denton County, Texas and part of two tracts as described in a deed to
Jack Bell Construction Co as recorded in Volume 1064, Page 703 and part
of a deed to Jack Bell Construction Co as recorded in Volume 1064, Page
703 of the Deed Records of Denton County, Texas, said tract being further
described herein by metes and bounds as follows
COMMENCING from the northeast corner of said Jack Bell Construction Co
tract recorded in Volume 1064, Page 703 in the center of Mayhill Road,
TH)NCE south 89114150" west 30 00 feet to the place of beginning, said II
point beginning being the northeast corner of Lot 3, East McKinney Street
Addition,
li
THENCE south 0104' west with the west line of said Mayhill Road and the
east line of Lot 3, 16 0 feet to a point for a corner,
I �
THENCE south 89114'SO" west 87 02 feet to a point for corner,
THENCE north 0*45110" west 16 0 feet to a point on the north line of Lot
3, East McKinney Addition,
THENCE north 89114'50" east 87 25 feet to the point of beginning ill
it
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 Jack Bell Construction
Company, Its successors
HINYWand assigns, forever, so that neither the said
City of Denton, Texas, Its successors, assigns
nor :batzs;=xany 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 MY hand at Denton, Texas this
IAA' day of ez A D 19 83
Witnesses at ,— equest of Grantor CITY OF ENTON, EXAS
ATTEST _BY COCA III ctmom OF
_ CHAR ,=ET-AL_LEN,- CITY'-SECTAR-- --- -- 5� g' �IAiiR- -- _ -
SENULE ACBNOWLEDUMEN1
THE STATE OF TEXAS, l BEFORF ME the under igned-utnorito
COUNTY OF I
in and for said County Texas on this day personally appeared
known to me to be the person whose name subscribed to the foiegomg 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
(LS)
Notary Public
My Commission Ex{
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, l
COUNTY OF J
in and for said County Texas on this day peisodally appeared
County Teas
June 1 19
BEFORE ME the undersigned authority
known to me to be the person whose name subscribed to the foregoing instrument Ind acknowledged to me thlt
he executed the same for the purposes end consideiation therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of 4 D 19
(LS)
Notaiy Public
My Commission Expues June 1 19
County Te%a>
THE STATE OF TEXAS, 1 BEFORE ME the undersigned authority
COUNTY OF DENTON J
in and for said County Texas on this day personally appeared Richard 0 Stewart, Mayor Of
the City Of Denton, Texas _ _ known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
City Council of the City of Denton, Texas, a municipal
% 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
$ 3
GIVEN UNDER MY HAND AND SEAL OF OFFICE This _ day of _ _ — _ — , AD 19
(L S) - - - — — — --- - ----
Notary Public, Denton- County, Texas
My Commission Expires June 1 19 ---
CLERK'S CERTIFICATE
THE STATE OF TEXAS, I 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 Has filed for
record in my office on the day of A D 19 at o clock M ind duly
recorded this day of A D 19 , at o clock M in the
Records of said County in Volume
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County at office in
the day and }ear I ist iboie written
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THE STATE OF TEXAS, 1 KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON )
THAT Jack Bell Construction Company
of Denton County, Texas in consideration of the sum of
One Dollar --------------
-----and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by him Situated in Denton County, Texas, in the
Survey, Abstract No
All that certain 0 0566 acre tract or parcel of land situated in the
M E P $ P R R Co Survey, Abstract No 927, City and County of Denton,
Texas, commencing from the northeast corner of a tract shown by deed to
Jack Bell Construction Co and recorded in Volume 1064, Page 703 of the
Deed Records of Denton County, Texas, said point being in the center of
Mayhill Road,
THENCE south 89014150" west 117 25 feet to the place of beginning, said
point being the most southern southeast corner of the tract being
described herein,
THENCE south 89014150" west 16 0 feet to a point for a corner in the
north line of said Darby Tract,
THENCE north 0045'10" west 66 0 feet to a point for corner,
THENCE north 89*14150" east 104 19 feet to a point for corner on the west
line of said Mayhill Road,
THENCE south 0004' west 16 0 feet with the west line of said Mayhill Road
to a point for corner, said corner being north 0*04' east 50 0 feet from
the northeast corner of Lot 3, East McKinney Street Addition,
THENCE south 89°14'50" west 87 97 feet to a point for corner,
THENCE south 0045110" east 50 0 feet to the point of beginning
And it is further agreed that the said City of Denton, Texas
in consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property
For the purpose of constructing, installing, repairing and perpetually
maintaining electric utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to improvements on and repairs to the said
electric utilities, or
any part thereof
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described
Witness MY hand this the day of A D 1983
JACK BELL CONSTRUCTION CO
L"
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, 1 BEFORE vlF the undeistIncd lutltority
COUNTY OF DENTON f
in and for said County Texas on this day personally appeared Jack Bell of Jack Bell Construction
Company
known to me to be the person chose name IS subset bed t i the foregoing instrument and acknott lecb ed to me
that he executed the same foi the purposes and consideration therein expi s ed
GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of AD 19 83
(LS) -
Notary Public _ Denton _ County Texas
My Commission Expires June 1 19
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, L BEFORE ME the undersigned authority
COUNTY OF _ _ I
in and for said County Texas on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed
GIVEN UNDER MY HkND AND SEAL OF OFFICE This day of _ AD 19
(LS)
Notary Public - County Texas
My Commission Expires June 1 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXA S, l BEFORE VE the undersigned authority
COUNTY OF DENTON f
in and for said County Texas on this day personally appeared
known to me to be the pet sin and o8'i er
uhos- name is .ubscribed o t'ie foregoing instiument and ackrowledged to me tht the ime was the act of the said
a corpoivtion and that he executed the same as the act of such coipoi ition iot the puposea and consideration therein
expressed and in the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE This da of AD 19
(LS) -
Notary Public _ County Texas
My Commission Expires June 1 19
CLERK'S CERTIFICATE
THE STATE OF TEXAS, I County
COURT-i OF
Cleik of the County Couit of said County do hereby certify that the foregoing instiument of �tritmg dated on the
day of A D 19 itith its Certificate of kuthentication ttas filed foi
record in my office on the day of 4 D 19 at o clock 'vI and duly
recorded this day of k D 19 at oclock M in the
Records of said County in Volume on pages
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County 1t office in
, the day and year last lbote ii ritten
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