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Home My WebLink About1999-013FILE REFERENCE FORM 99-013 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act X Other Document has been filed with the County document included with file but not Office -original Date Initials U11 e \snnae EMWLw.ruowwwr wram.ownm'nooaewaon�wraor ORDINANCE NO 9- O! AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A 0 5493 ACRE TRACT OF LAND CONSTITUTING A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY LOCATED GENERALLY WITHIN WEST PRAIRIE STREET BETWEEN BONNIE BRAE STREET AND THE FRONTAGE ROAD FOR INTERSTATE HIGHWAY 35, PROVIDING A RESERVATION WITHIN SUCH ACREAGE OF A PUBLIC UTILITY EASEMENT PURPOSES, PROVIDING FOR THE EXECUTION OF A QUIT -CLAIM DEED TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PORTION OF THE PUBLIC RIGHT-OF-WAY BEING ABANDONED AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request from the Texas Department of Transportation for abandonment of a 0 5493 acre of land constituting public street right-of-way located between two tracts of land owned by the State of Texas, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonments and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the street right-of-way described in Exhibit "A" is no longer needed for public street purposes, and WHEREAS, that the process for determining the fair market value of that portion of the public street right-of-way being abandoned, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be followed in effectuating this abandonment, NOW,THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS $NCTION I That the 0 5493 acre of land constituting public street right-of-way as described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, and commonly known as that portion of West Prairie Street between Bonnie Brae Street and the frontage road of Interstate Highway 35, is hereby permanently vacated and abandoned as a public street, provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment a public utility easement in said 0 5493 acres SECTION II That by reason of such vacation, the City of Denton's property interest in the vacated portion of said public street right-of-way shall, by operation of law, revert to the owner or owners abutting the street right-of-way easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property for public street purposes SECT ON III• That the City Manager, in behalf of the City of Denton, is hereby authorized to execute a quit -claim deed conveying the City interests in the public street right-of- way not hereinabove reserved for public utility easement purposes to the Texas Department of Transportation SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1999 JACK LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY d! z APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY P \SHAROD\pOPNALW m �owmmY W kb�nmM99�'ItI]olAbeoOonnirn\ Ett PAGE 2 "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the E. Puchalski Survey, Abstract Number 996 and being part of a tract conveyed to the City�of Denton by deed from M.F.M. Combination Saw and Machinery Company and W.0 Potter and wife, Maydell Wallace Potter recorded in Volume 350, Page 147 of the Deed Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the northeast corner of a tract 2.2408 acre tract conveyed to the State of Texas by deed recorded as Clerk's File Number 97-R0005444 in the Real property Records of Denton County, Texas, said point being the intersection of the southern right-of-way line of West Prairie Street and the western right-of-way line of Bonnie Brae Street (formerly Avenue 1); THENCE South 890 47' 45" West along the north line of said State of Texas tract and the south right-of-way line of West Prairie Street a distance of 25.00 feet to the POINT OF BEGINNING; THENCE South 89' 47' 45" West continuing along the north line of said State of Texas tract and the south right-of-way line of West Prairie Street a distance of 398.80 feet to a point for corner; THENCE North 00' 12' 15" West a distance of 60.00 feet to a point for corner, said point lying on the north right-of-way line of West Prairie Street and the south line of a 7.034 acre tract conveyed to the State of Texas by deed recorded in Volume 382, Page 598 of the Deed Records of Denton County, Texas; THENCE North 890 47' 45" East along said lines a distance of 398.80 feet to a point for corner; THENCE South 00° 12' 15" East a distance of 60 feet to the POINT OF BEGINNING, and containing 0.5,03 acre of land. 11-24-1998 4260 00408 6"�y � z A009q(v_ ot000 rD-)�VJ QUIT CLAIM DEED (] THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § 00598'7 THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, in consideration of the sum of one dollar ($1.00) and no cents and other good and valuable consideration in hand paid by the State of Texas , the receipt of which is hereby acknowledged, do by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the State of Texas, its successors and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Denton and State of Texas, described as follows, to -wit: SEE EXHIBITS 'A' & 'B' ATTACHED TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said State of Texas, its successors and assigns, forever, so that neither the City of Denton, Texas, its successors nor 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 thereof. Witness my hand, this the �� day of 1999. CITY OF DENTON, TEXAS By: Cclfael W. Je Ci y Manager 4260 00409 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged befor'4me on lvt'� 1"2 1999 by Michael W. Jez, City Manager, City( Of Dentox�r. My Commission Expires: ° ANN FORSYTHE j Notary Publio. State of Texas °� My Cammluian Expires MAY 9, 2002 C 4260 00410 "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the E. Puchalski Survey, Abstract Number 996 and being part of a tract conveyed to the City of Denton by deed from M.F.M. Combination Saw and Machinery Company and W.0 Potter and wife, Maydell Wallace Potter recorded in Volume 350, Page 147 of the Deed Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the northeast corner of a tract 2.2408 acre tract conveyed to the State of Texas by deed recorded as Clerk's File Number 97-R0005444 in the Real property Records of Denton County, Texas, said point being the intersection of the southern right-of-way line of West Prairie Street and the western right-of-way line of Bonnie Brae Street (formerly Avenue 1); THENCE South 89' 47' 45" West along the north line of said State of Texas tract and the south right-of-way line of West Prairie Street a distance of 25.00 feet to the POINT OF BEGINNING; THENCE South 89' 47' 45" West continuing along the north line of said State of Texas tract and the south right-of-way line of West Prairie Street a distance of 398.80 feet to a point for corner; THENCE North 00' 12' 15" West a distance of 60.00 feet to a point for corner, said point lying on the north right-of-way line of West Prairie Street and the south line of a 7.034 acre tract conveyed to the State of Texas by deed recorded in Volume 382, Page 598 of the Deed Records of Denton County, Texas; THENCE North 89' 47' 45" East along said lines a distance of 398.80 feet to a point for corner; THENCE South 00' 12' 15" East a distance of 60 feet to the POINT OF BEGINNING, and c untaining 0.5493 acre of land. 11-24-1998 8 14260 00411 Y , EXHI G' T 8 a ;r 133a1S 3V89 31NN09 I'SOfi 3.ZZ.OI.00S co a) V) v3 _N Q x W 0 Ln N AIL W L� N U 000<U N M W V 0 H . M . N F- 0 V) >!— 0 .... ^3% 3:M.ZZ.OI.00S - -- - -- 3daa tu W N 1 C% Q ul d O LL pcc � 0 OL (Zi._ w' L V x Z U ' 66 .0, 3.6S.OS.11 Q ........ 1 a i H i �\P0v U,); LLJ : ,tee .00"ZS 3.2s.82.00N '1 I lyl i� y IJ �z x I II �I��I Ixl I 1 lil 3 lye 11 \ - rmw ti Return To: 4260 00412 City Ot Denton Engineering & Transportation Dept. 221 North Elm Street Denton, Texas 76201 Attention: PA. L_ W11,LiAM50A ANT PROVIEgN HEREIN WMCII REBTRIETE THE RAl6. P61RAL.OR VEF DF THE DEEEPIEED REAL PROPERLY BEGUSE Of LDIDR 011 MCE I6 M,AUD AND UNENFO(�EFAEU: UNDER fEDERAI UW. TIE STATE OFTEJUIB CDUNTT OP DEMON 1 � �D F � Py Nultw FMI/� °D I MIbV crIET Pr1 PiND, Icy: NYIrM ON REEORDED.FM Dle 6Ne ✓C EN M.EYIWDNE411ENElt/. Tau RWm ORtlN PWIk pKWEd PW PnpnV JAN 21 1999 �If-'T T��h DENTON OOUNT\.TEXAS Filed for Record in: DENTON COUNTY, TX CYNTHIA MITCHELL, COUNTY CLERK. On Jan 21 1999 At 10:53am Doc/NUM 99-R0005987 Doc/Type : OUT Recording: 11.00 Doc/Mgmt : 6.00 Receipt N: 2433 Deputy - SHELLEY