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HomeMy WebLinkAbout1987 r ~ l I e d E t y 2.' ra 1838E vo12252PbGE518 377 5 y Y7 rk . , N0.-~aQ AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY EASEMENT „ +I AS DESCRIBED HERfi1N; AND DECLARING AN EFFECTIVE DATE. a+ y;:, 6'' f WHEREAS, the City Council of th'i City of Denton, Texas has determined that the hereinafter described -utility easement, whether one or more, is no longer needed for public use; and °t r of Texas RevisedF° WHEREAS, In accordance with the provisions Civil statutes, Article 5421c•l2, an appraisal of the fair market value of said easement has been obtained; and WHEREAS, in accordance with State law, said easement is bean abandoned and vacated in consideration of the receipt of r+, a ti, Q ~f r the fair market value thereof;' NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEkEBY ORDAINS: . SECT:'1N , That the hereinafter described easement is } aban one andi vacated as an easement for public utilities; the easement being more particularly described below: yz y. a All that certain lot, tract or parcel of land lying and being situated In the City and Count;' of Denton, State of Texas, and 1 .3';• being part of the J. AcGowan strvey, Abst, No. 797, ann being Air 1 ~s part of Lot No. 4, dluc► A, of the JVS Addition, an addition t,i M the City/County of nentun, and also being part of a tract of ±rwr land as conveyed frura Teasley Road Joint Ycnture to Reuel ~~r a5' Yarbrough by deed dated 10.25-85 and recorded in Volume 1751, ~,4 t pi; Pago 777 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING for the southwest corner of the tract being described r4 herein at a oint in the west lino of the said lot, said point t „ y„ Yrhw4tif being 10.12 feet from the southwest corner of said lot; THENCE north 100 00' 00" west with the west line of the said i L'+~•- lot a distance of 6,07 feet to a point at the northwest corner of the said 16 foot utility easement; ' THENCE north 880 48' 32" east with the north line of the said t,y easement crossing said lot a distance of 143,16 feet to a point tr. aeiJ°°' t in the east line of said lot at the northeast corner of the said #1° easement; ~ ~ THENCE south 10 23' 421' east a distance of 6,0 feet to a point i °for the southeast corner of the herein described tract; ' 2 THENCE south 860 48' 31" west with a line 6 feet south of and parallel with the north line of the said easement recrossing said lot a distance of 142,25 feet to the PLACE OF BEGINNING and enclosing 856,23 square feet of land, r ` i t `"y~ a' nE, , , , MA h , j„ r 11 ,yr l`N': t 14 ~f~~ , k IS_l ~a~ 4, t } 1~+,.. vl t ~a"t0 /dy ,~~t ~ AtMn 'y ~~°4 '~'Jn ~ 1114 ^r • u ~ Ps~r " t1 ti ~ 't• in 1' M ~ w M" ~ ,.a, ~ r 3h=A',4"AWAJM&k1 wag, .l~ l~Sfi'~ ll t 1 k r w6 All., 1 a w. i 3 7 8 I ~K2259PAa519 SECTION That said easement, whether one or more, is ~ t heroin aan o ed and vacated, and by opet lon of law, the City u, t, r;a +ti rx of Denton'a p;operty interest in said easement shall revert to t the abutting- property owner, vhether one or more, end the City °+r ~a of Denton hereby releases any anc all claims to the use of the property described in said easement raiferenced herein for they fta purposes therein described. +°t SECTION 111. That this ordinance shall become effective lame ate y upon its passage and uppreval. q} Sr PASSED AND APPROVED this theQg_ day of 7 _ I~. t 4 r„?i~i a s i3KAYOR-- ART,* ? # ~ v• y ~r~S s r ~r. v p39] r ~ r ~tifc t j~~ ArTEST: f.~''I ga.. 01 y- ~Ir ;a~l)rl. d gyp r ~ ~t1 ~`1? E FLR L ERS, CHT SECRETARY t y~ sy f, j APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCR, CITY ATTORNEY ~ " E K BY: 4 r~+a~tr'aa r, ; ~ Y¢a,& i . t' r is ¢ i4 1 4 :Q rd r+ r PAGE TWO FW t~ < t t w 1 l y ~i { Al Y Yr S ~ 4 n i 1 i e dJJ U r r~ or 41 4 }r y r y M~ i , ~ 7 W N Yl a ,,rr ~L n Y a S LS tw. h A .,4 y ~t g5 14 T, d,, Y{Y1 7~ rF` ~ 5~ t71 I ! ' }i~ 2;L S. N e 1 +f \d` ~~TV jII 'ft r y~ 41 ''lil t~ (u~ co ~~'39rd (~r~~ 1LA Eli yEl <A 61 1 ,4 ! TY f 11 v 1 k i ~..+..v~iw*~.tr.oo:7d1P{'~i~m.nrw~-.....•-.... . rt,16e 1 ' iY 4~~5 ' 1 ~ iN 1 ~M~W ,1 tI lft 4 y" ~ i ~ ' ~ r Ali"-i +3 J';r }y s 5~ y~''F try, r Yr r r ' r , a l ti !t ~'t r_r~;~ f H .,I F 1 1 ~ 1r 71, 1 IT iior' v(Y 1~P y t x91, 4 1 iy. S tR r. 1 a h _ r 1 y 4~y (y~., ~id~~R~r ! ~~y~ ~,~~r~rs,rd .•`i ~ '1 ~~lyr: k~4;.~,. s, EME" N t, - . w QfAl PAOPEAR AECOAia 1 y a CERTIFICATE OF CITY SECRETARY I D ~ `I y Y r N,, ' . ~ ~ . `•s ~4 THE $TAMOF TEXAS 'covHTY or DEEiTON +L2252Pam5i7 .x' 1 CITY OF DENTOEi ji~. r n t' ri r K~a 40 r r I, the undersigned, City Sacrsta:y 09 the City Of Oanton, Texas lye ti, ? (the "City"). DO HEREBY CERTIFY that according to the records of the r. , City of which I as custodian, than the attached is a true and accurate copy of ordinance No. 81-128 q''14r;, as approved by the City of Denton City Council on the 218t of h: July, 19871 w Tm, ?y+i;An', n 7f~yR r ;c, r~- . r 1 rr 'I 1I i-ff5 11 , It ' r' + ~ j.. yYt + 2 S w i J , 5 1 t,k_ .:ail \ i i f r'. i 1 ti+4'¢ fed 1 1f + , 91 1'~i7 t ~Ij[Xi 11 1111 .4 1, rY% TO CERTIFY WHICH, n u my o cial signature d the goal of said City, this the day of .JQ~1 198 Wt r qq I 'dip d f ' r ,t5'; 1 r-As`~ q C t Sec etary ~i1 f~, »e C y of Denton, Texas r 5 +~~~~1a ~ 4'p ~ ~14 ~ r (O 4''L ,11,~~ ~ a. , • a r ~ f (rt City Seal) ~n I 046904 r . fa ' rj .1 J pq~ ~ lllf. 1 dpi i 1 , ' , t; ~S} `1.YL ylll lef . a R i yy J } 1837E ``r P ~ ~ E l ,3L 2263Pisf576 rg' a' S hrTM NO. t ~t AN ORDINANCE ABANDGNIXG AND VACATING CERTAIN UTILITY EASEMENTS AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE, e t WHEREAS, the City Council of the City of Denton, Texas has i, determined that the hereinafter described utility easement, • whether one or more, is no loner needed for public use; and WHEREAS, in accordance with the provisions of Texas Revised Civil Statutes, Article 5421c-12, an appraisal of the fair market v:1ue of said easement has been obtained; and WHEREAS, in accordance with State law, said easement is being fia4 1`' ala' a abandoned and vacated in consideration of the receipt of the fair .*r;f market value thereof; y NOW, THEREFORE, THE COUNCIL OF THE CITY OF DE,+TON HEREBY ORDAINS: Ikr?; ` r ' <y'g1 t, SECTION 1. That the hereinafter described easement is abandoned an vacated as an easement for public utilities; thee,;, +5~! easerAtat being more particularly described as follows: o tw" Tract 1. All that certain lot, tract or parcel of land lying and bang situated in the City and County of Denton, State of Texas, 4;h Y` and being part of the J. Collard Survey, Abstract No. 297, and $ Y, also being part of a tract of land as conveyed from Southwest oil Cinema to J. C. Mitchell and Lee Roy Mitchell by deed dated July t 1 1982 and recorded in Volume 11SS, Page 83S of the Deed .Records tt'* b: of Denton County, Texas, and more particularly described as t't follows: s"~as`r p<^ j~'ik" BEGINNING at the northwest corner of said tract, said point lying yA ka " in the south right-of-way line of U. S. Olighway 77; ata4 tw THENCE south S814S' east, along the north boundary line of said tract and the south right-of-way line of U. S. Highway 77, a 45,E i distance of 705.5 feet to the northeast corner of said tract; .r N Sr 1C THENCE south 0101' west, along the east boundary line of said ' tract a distance of 3S.OS feet to a point for a corner; r THENCE north 58045' west, 30 feet south of and parallel to the north boundary of said tract a distance of 710.31 feet to a point sa+k for a corner in the west boundary line of said tract; THENCE north 7'19' east, along the west boundary line of said i31 tract a distance of 32.82 feet to the place of beginning. That the hereinafter described easement is O l t~ T " aban oneian I~ vacated as an easement for public utilities; the easement being more particularly described as follows: t, ~ >~bdC« f., l 1'' 1 '1 = 1. ,td y , f ~e!a' ~N f~ G "x~ i,■ A i ¢ t y ~r r . 7,af f q der V) ~.l1 t °i / r' 4 F r v? y t 4 ~tia 1~L2263P 47I ~5- ' f Y„.' •p V v f444A I _ c. k` Tract 11 , All that certain lot, tract or parcel of land lying and ".a being situated in the City and County of Denton, State of Texas, s, and being pert of the J. Collard Survey, Abstract No. 297, and also being part cf a tract of land as conveyed from J. F. York to Fl~ J. C, Mitchell and Texas Cinema Corporation by deed recorded in "F + Volume 1506, Page 663 of the Deed Records of Denton County, Texas, liC`'tFtw1 and more particularly described as follows: ; r ' Y~ BEGINNING at the northwest corner of said tract, said point lying in the south right-of-way line of U. S. Highway 77; w. I s THENCE south S8845' east, along the north boundary line of said Ytract and the south right-of-way line of U. S. Highway 77, a distance of 193.21 feet to the northeast corner of said tractl,,a R d4 THENCE south 7'17'21" west along the east boundary line of said tract, a distance of 32.8 feet to a point for a corner; ~~1~y t' 4'~ •`d, THENCE north 5894S' west, 30 feet south of and parallel to the north boundary of said tract, a distance of 196.82 feet to a point `%r +y for a corner in the west boundary line of said tract; u THENCE north 13°17'37" east, along the west boundary line of said tract a distance of 31.54 feet to the place of beginning.S ;tilt' SECTION III. That said easement, whether one or more, is ilx hereYn a an oned and vacated, and by operation of law, the City F' of Denton's property interest in said easement shall revert to the abutting property owner, whether one or more, and the City of F ~i Denton hereby releases any and all claims to the use of the t 4 property described in said easement referenced herein for the, 3 purposes therein described. SECTION IV. That this ordinance shall become effective x imme ate y upon its passage and approval. 1`.t',' PASSED AND APPROVED this the (07Z day of 1987,',$ w: ~xsi tr ~ ATTEST: , I r lS AP r ED AS TO LEGAL FORM: DEBRA APAMI DRAYOVIJCH, CITY ATTORNEY iBY! . t 4 .~~,q~,~~ n LA Jp 'y Sri l. v 2 V Iwo' ' z ' 44 ' Xw ~ , N1 I Ja 1 5; r{~Y, JY!( ay 9 i°FI" b^ad!✓'~r ; b-. `~~~,:'t~Ar, • ~ ~+,nl y, z r~, x+} 1~6 ~ ~~s! ~ rbJ.•~A ~~r g~'~+ r4~4 1 y 41 4" 1 r t n 1 r 5 ~a ~ ~ Pi r q' 1{{77J 6 ~4g (1'r 4' ` ~~Y t yy YY r`4 1 ~``aa''' ~A'`w .r s + ~ ir'k' VOW t ~ ~ h It~FS 1 * 1 ~ rkr~ } r ; ~r r r QI% ry'" j : Rih. 1 Al! y t r 1 rt "AT I I ~j1 I r J 0.Y ~`'vt r O V;ii ' f1 l a n 1 ;Y y ~~~•11 0 ry ~-•3 ~f, LG •vt ~ t"rf M11' ` ',5 1i + " 8O 30gdCsg~iG ,V ; LL. ,y r 1 y W- j r f,6fl t)1 JM1! r , rye. .trn 7 } ~ i¢ rlr 1 t Yffi P' ` l2 1~E.'a, k lai r ^i ~ ~rr' , r r ~I ~ iL ^rrt l • A 1 •,J:. i. t~. tic 'd r q l • 'S 1 - rr 1 r , ~1.1 ♦ I?>j 1 v a 9' ~ Ai r iGr 1 : ri ~ s" ~ tl ?'.,i ' a.. r,n ~ r M r r ~ 1 +b r k:. s n t I~L 2263PA475 ' 62349 p ` J CERTIFICATE OF CITY SECRETARY ~4 THE STATE. OF TEXAS v ' + f Ifs( IRO1E~n KC0W covaTY or DEVON CITY OF DZUTObt J, r t" Is the undersigned, City Secretary of the City of Denton, texas yFry~ (the City")- DO HEREBY CERTIFY that according to the records of the 4r''"4R City ot,which I an custodian, that, FThe attached is a.t*rue and accurate copy of Ordinance No. 87-162 SAX i+ as approved by the City of Denton City Council on the 6th of f"Mry October, 1987. ~~ryl it f i .r ail. t n ~ r ~ • RA~F'T M~ ti K.'Y' t n V. r . br + yt, TO CERTIFY WHICH, witness my officiAl Signature and the seal of sold City, this the _ 23rd day of October , 198t'6'' F At I ~ tJ ~.~t}.Il' t ,i r• a~, C Sec ataxy tts.; l C ty of Denton, Texas <`2 IN T ~ra (City Sea11 a 4f A V 0469C (,'yt>•.,..~.~.. _,.-....~...-..~.~...w.-..~+~p.Mf>t~fNRV„o,+wTtr.....~-._~ _ ~~R'r5r riY~: ~fp `t. p~r,Y1` f, r, T713t i . E. . 1' , f It` , r 11, ~r r x'b~ry~..~~ ~ Ta r 4 , •`5} F.1~3it,t ~y~~~ iti,t~`f.~F 1. ~ ,tip ~ r•y., e iv, r - `tq; Yi / iA~ 5 A ri 1 i , a END , r w a. 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