HomeMy WebLinkAbout2003-189ORDINANCE NO. d003- /,&3 7
AN ORDINANCE ABANDONING AND VACATING A PORTION OF AN
ELECTRIC LINE EASEMENT FROM L. R. STRICKLAND TO BRAZOS RIVER
TRANSMISSION ELECTRIC COOPERATIVE, INC. RECORDED IN VOLUME 386,
PAGE 59 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND A
PORTION OF AN ELECTRIC LINE EASEMENT FROM GRACE STARR
COPELAND, JAMES C. COPELAND, MAUDE STARR ELLIS, J. F. STARR, C.D.
STAR, W. P. STARR, ANN R. BOYD, F. L. STARR, ANNIE STARR WHALEY,
JACK STARR, EUNICE STAR THOMAS, T. M. STARR, SUSIE STARR SARGENT,
O. L. SARGENT, B. L. ELLIS AND C. M. STAR TO BRAZOS RIVER
TRANSMISSION ELECTRIC COOPERATIVE, INC. RECORDED IN VOLUME 384,
PAGE 121 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND
SUBSEQUENTLY ASSIGNED TO THE CITY OF DENTON IN AN INSTRUMENT
RECORDED IN VOLUME 2736, PAGE 825 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS IN THE SAMUEL KEPHART SURVEY,
ABSTRACT NO. 721 AND THE GEORGE MCGLOTHLIN SURVEY, ABSTRACT
NO. 888 AND THE A. SERREN SURVEY, ABSTRACT NO. 1198 AND THE B.B.B.
& C.R.R. SURVEY, ABSTRACT NO. 190, SAID PORTION BEING ON THE
TRACTS OF LAND AS DESCRIBED IN THE DEED TO LAKE SHARON L.P.
RECORDED IN VOLUME 4122, PAGE 1957 AND VOLUME 4017, PAGE 875 OF
THE DEED RECORDS, DENTON COUNTY, TEXAS AND THE DEED TO ACLP
SWISHER ROAD COMMERCIAL, L.P. RECORDED BY COUNTY CLERK FILE
NUMBER 99-R0006837 REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, AND THE DEED TO LAKE SHARON CHRISTIAN CENTER INC.,
RECORDED IN VOLUME 4107, PAGE 2239, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for the abandonment of a
portion of that certain electric easement recorded in volume 2736, page 825 of the Real
Property Records of Denton County, Texas (the "Electric Easement") from the
underlying and abutting fee simple owner; and
WHEREAS, the portion of the Electric Easement to be abandoned is illustrated in
Exhibit "A" and described in Exhibit `B", attached hereto and made a part hereof by
reference (the "Abandoned Area"); and
WHEREAS, the City of Denton Engineering Department has reviewed the
Abandoned Area and determined that this easement area is not needed for future electric
utility purposes; and
WHEREAS, the City Council hereby finds and determines that the Abandoned
Area is not needed for electric easement purposes and it is in the public interest to
abandon the Abandoned Area and the City's interests therein to the current underlying
and abutting landowner ("Current Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The Abandoned Area is vacated and permanently abandoned as an
Electric Easement. All other portions of the Electric Easement not abandoned herein or
previously abandoned will remain in full force and effect.
SECTION 2. The interests of the City of Denton in the Abandoned Area are
hereby released and will revert to the owners as provided by law.
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval. //
PASSED AND APPROVED this the J% �cday of ( L(i 2003
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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ROVED AS TO LEGAL FORM:
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Save & Except Tract 1 Detail
Relocated Electdc line
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Save & Except
Tract 2
EXHIBIT
Drawn By: Mark A Laird
Date: 5/23103
Project Name: Lake Sharon Properties
Scale: Not to Scale
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Save & Except Tract 2 Detail
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Save & Except
Tract 1
Exhibit B
LEGAL DESCRIPTION
On a portion of an Electric Easement
Out of the A.H. SERREN SUR VEYA -1198, the S. KEPHART SURVEYA-721, the GEORGE W. McGLOTHLIN
SURVEYA-888, and the B.B.B. & C. RR SURVEY A-190
Corinth, Denton County, Texas
BEING all that certain tract, parcel or strip of land out of the A.H. SERREN SURVEY A-11W the S. KEPHART
SURVEYA721, the George W. McGLOTHLINSURVEY A-886, and the B.B.B. & C.RR SURVEYA-190 in the City
of Corinth, Denton County, Texas described by easements recorded in Volume 386, Page 59 and Volume 384,
Page 121 Deed Records, Denton County, Texas and the center line of the said easement more particularly
described as follows:
BEGINNING at a point in the north line of the tract described by deed recorded in Volume 446, Page 657,
Deed Records, Denton County, Texas that is 697.6 feet, S 890 40'E from the comer described in the easement
as 'an L comer between the South Ya A.H. Semen Survey & B.B.B. & C.R.R. Survey; that has Texas
Coordinate System, North Central Zone 1983-1999 coordinates of = 2400408.57 and Y = 7101477.44 feet;
THENCE.- leaving the said north line, S 380 22' W, 1162.0 feet to a point between the remains of two old
power poles for an angle point,
THENCE, continuing with the center of the said easement; S 130 41' W, 1201.0 feet to an angle point in the
said easement;
THEME.- 5750 55' W, 893.0 feet to an angle point in the said easement;
THENCE.• S 360 23' W; passing at 239 feet a fence line; in all, 662.8 feet to a point for comer in a fence line
and the west side of that tract described in Volume 133, Page 401, deed Records, Denton County, Texas
This being the centerline as found on the ground during the months of February through April 2003, and the
original document being thirty feet either side of this described line.
54 VE & EXCEPT THE FOLLOWING TWO TRACTS:
BEING all that certain tract, parcel, or strip of land out of the A.H. Sen-en Survey A-1198 in the City of Corinth,
Denton County, Texas described by the document recorded in Volume 386, Page 59, Deed Records of Denton
County, Texas and more particularly described as follows
BEGINNING at a point for comer in the north fence line of the tract described by deed recorded in Volume
446, Page 657 Deed Records of Denton County, Texas that is 360.1 feet, S 89144'E from a one-half inch iron
rod found for the northeast comer of that tract described by deed recorded in Volume 4017, Page 875 Real
Property Records, Denton County, Texas and having Texas Coordinate System, North Central Zone 1983-1999
coordinates ofX=2400370.45and Y=7101477.61 feet;
THENCE: with the north line of the said tract; S 890 44'E, 76.2 feet to a point for comer;
THENCE. leaving the said line, S 380 22' W, being 30 feet from and parallel with the removed electric
transmission line, 103.5 feet to a point for comer; e
/ I;
Page Two, Lake Sharon
THENCE- N 510 38' W, 60.0 feet to a point for a corner;
THENCE: N 380 22'E, 56.5 feet to the place of beginning and containing 0.1102 acres of land more or less as
surveyed byjohn hall jr rpls 01970 during the month ofApril2003.
BEING all that certain tract, parcel, or strip of land out of the GEORGE Mc•GLOTHLIN SURVEYA-888 in the City
of Corinth, Denton County, Texas described by the document recorded in Volume 131, Page 401, Deed
Records of Denton County, Texas and more paiticulany described as follows.
BEGINNING at a point for comer in the north fence line of the tract described by deed recorded in Volume
1549, Page 955, Real Property Records of Denton County, Texas that is 328.9 feet, S 010 00' W from a one-
half inch iron rod found for the northwest comer of that tract described by deed recorded in Volume 4262,
Page 121 Real Property Records, Denton County, Texas and having Texas Coordinate System, North Central
Zone 1983-1999 coordinates ofX=2398144.96 and Y=7098700.20 feet;
THENCE• leaving the said line, N 36° 13'E, 10.7 feet to a point for a comer;
THENCE: 553037E, 60.0 feet to a point for comer in the old southeast line of the said easement described in
Volume 384, Page 121, Deed Records of Denton County, Texas,
THEAAM with the said easement line, 5360 23' W, 89.3 feet to a point for corner in the west line of the said
tract described by deed recorded in Volume 1549, Page 955, Deed Records of Denton County, Texas
THENCE.- with the said line, N 01 ° 00' W, 98.8 feet to the place of beginning and containing a 0688 acres of
land more or less as surveyed byjohn pall jr rills 01970 during the month ofApal 2003.
Bearings, distances and coordinates shown herein are grid per the Texas Coordinate System. To obtain
surf" distances, multiply by 1.0001546. Areas shown are surface.
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