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HomeMy WebLinkAbout1982-098NO Fj:?e AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASFMENT 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 OWNFR OF THE 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 Osborne Grocery Company, a Corporation 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 he served by abandoning and conveying the same to Osborne Grocery Company, a Corporation 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 abandoned, vacated and closed insofar as the right, title and easement of the public are concerned BEGINNING at a point in the southeasterly line of a tract of land out of the N H Meisenheimer Survey, Abstract No 811 as conveyed to Joe Nichols and J L Ginnings by Edwin Braly and recorded in Volume 434, Page 289 of the Deed Records of Denton County, Texas Said beginning point also being in the north- westerly boundary line of State Highway 10 (Sherman Drive), and 134 feet north 45040' east of the northeast corner of a triangular shaped tract of land owned by the City of Denton upon which is located a water well, THENCE north 47045' west a distance of 35 feet to a point for a corner, THENCE north 42015' east a distance of 10 feet to a point for a corner, THENCE south 47045' east a distance of 35 feet more or less to a point for a corner in the northwesterly line of said Highway 10 (Sherman Drive), THENCE south 450 40' west with the right of way line of Highway 10 (Sherman Drive) a distance of 10 feet more or less 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 Osborne Grocery Company, a Corporation SECTION III That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all PAGE ONE existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if anv, 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 byy the City Council of the City of Denton, Texas, this the 16th day of November] 1982 , ATTES CKI WESTLING, DEPU CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE TWO