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Home My WebLink About1999-083PIHAHB UN WWv Wuunlm,A�WWmd Nam Abund.., din ORDINANCE NO '7 — G -' AN ORDINANCE ABANDONING A PORTION OF A TEN (10) FOOT SANITARY SEWER EASEMENT LOCATED IN WIND RIVER ESTATES, PHASE VI AND PHASE VII AND A PORTION OF A FIFTEEN (15) FOOT SANITARY SEWER EASEMENT LOCATED IN WIND RIVER ESTATES, PHASE V, AND PROVIDING AN EFFECTIVE DATE WHEREAS, when the Wind River Estates Addition was platted certain existing sanitary sewer lines were relocated and the construction of the new sewer lines have been completed, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas has reviewed the request for abandonment of a portion of the prior sanitary sewer easements and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the sanitary sewer easements described in Exhibits "A" and illustrated in "B" are no longer needed for public use, and WHEREAS, that the process for determining the fair market value of the easement above, 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 fbllowed in effectuating this abandonment, NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the portion of the sanitary sewer easements identified as a (i) 10-foot easement in Volume 501, Page 23 of the Deed Records of Denton County, Texas (DRDCT) and (ii) 15-foot easement in Volume 578, Page 332 of the DRDCT, as more particularly described in Exhibit "A" as Tract I (0 213 acre), and Tract II (0 700 acre) and illustrated in Exhibit "B," such exhibits being attached hereto and made a part hereof for all purposes, are permanently vacated and aban,'doned as public easements since such easements are no longer needed for public use, having been replaced by new easements identified in the Wind River Estates Addition Plat, Phases V, VI and VII SECTION II That by reason of such vacation the City of Denton's property interest in the said easements shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned, and the City of Denton releases any and all claims to the use of the vacated property as a public easement SECTION III That this ordinance shall become effective immediately upon its passage and approval s Our oucummuwMIm 9%Ww Nm Aimi&=MtMc PASSED AND APPROVED this then* day of 1999 JACI ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP46VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY aqua-'—p PAGE EXHIBIT "A" TRACT I: ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being a 0.213 acre abandonment tract of land situated in the J. Fisher Survey, Abstract No. 421, same being a portion of the land described for a fifteen foot sanitary sewer easement as recorded in Volume 578, Page 332 of the Deed Records of Denton County Texas (DRDCT), and being out of a 70.436 acre tract of land deeded to Vista Oaks Development, Ltd., as recorded in the County Clerk's (CC) File No. 97-R0022730, of the Real Property Records of Denton County Texas (RPRDCT), said 0.213 acre abandonment tract being more particularly described by metes and bounds as follows: COMMENCING at a point at the southwest corner of said Vista Oaks tract, same being the southeast corner of a 2.235 acre tract of land deeded to Offices of Hunter's Ridge Land Development Company as recorded in CC File No. 96-R0063647, RPRDCT, and being in the north line of a tract of a land deeded to Westminster, Ltd., as recorded in CC File No. 97- R0019209, RPRDCT; THENCE South 880 07' 0411 East, with the south line of said Vista Oaks tract, same being the north line of said Westminster tract, a distance of 227.36 feet to the POINT OF BEGINNING; THENCE, leaving said common line and crossing said Vista Oaks tract, the following three courses and distances: North 030 20' 59" East, a distance of 619.08 feet to a point, said point being in the south line of a ten foot sanitary sewer easement as recorded in Volume 501, Page 23, DRDCT, South 890 52, 019 East, with said sewer easement, a distance of 15.02 feet to a point, and South 030 20' 59" West, leaving said sewer easement, a distance of 619.54 feet to a point in said common line between said Vista Oaks tract and said Westminster tract; THENCE North 880 07' 04" West, along said common line, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.213 acres of land. TRACT II: ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being a 0.700 acre abandonment tract of land situated in the B. Lewis Survey, Abstract No. 769, S. F. Reynolds Survey, Abstract No. 1654, J. Fisher Survey, Abstract No. 421, and the John McGowan Survey, Abstract No. 797, same being a portion of the land described for a ten foot sanitary sewer easement as recorded in Volume 501, Page 23 of the Deed Records of Denton County, Texas (DRDCT), and being out of a 70.436 acre tract of land deeded to Vista Oaks Development, Ltd., as recorded in the County Clerk's (CC) File No. 97-R0022730, of the Real Property Records of Denton County Texas (RPRDCT), said 0.700 acre abandonment tract being more particularly described by metes and bounds as follows: COMMENCING at a point at the southeast corner of said Vista Oaks tract, same being the northeast corner of a tract of a land deeded to Westminster, Ltd., as recorded in CC File No. 97-R0019209, RPRDCT, and being in the west line of a tract of land deeded to Denton Security Investment, Inc., as recorded in CC File No. 94-R0022697, RPRDCT, bearing basis being the north line of said Westminster, Ltd. tracts THENCE North 880 07' 04" West, with the south line of said Vista Oaks tract, some being the north line of said Westminster, Ltd. tract, a distance of 427.34 feet to the POINT OF BEGINNING; THENCE North 880 07' 04" West, continuing with the south line of said Vista Oaks tract, same being the north line of said Westminster, Ltd. tract, a distance of 23.65 feet to a point; THENCE departing said common line between said Vista Oaks tract and said Westminster, Ltd. tract, over and across said Vista Oaks tract, the following two courses and distances: North 630 06' 27" West, a distance of 1567.48 feet to a point, and North 890 54' 25" West, a distance of 1470.66 feet to a point in the west line of said Vista Oaks tract, same being the east line of a tract of land described in deed to Fred Gossett as recorded in CC File No. 94-R0090079, RPRDCT; THENCE North 000 43' 45" West, along said common line between said Vista Oaks tract and said Gossett tract, a distance of 10.00 feet to a point; THENCE leaving said common line, over and across said Vista Oaks tract, the following two courses and distances: South 890 54' 25" East, a distance of 1473.18 feet to a point, and South 630 06' 27" East, a distance of 1591.30 feet to the POINT OF NING and containing 0.700 acres of land. JOHN McGOWAN SURVEY ABSTRACT NO 797 PLAT T'16A1 MAP Fop, ;-r z HERSMAN DEVELOPMENT CORP VOLUME 3453, PAGE 847 D R D C T S 89 52 01 E 1502 APPROXIMATE SURVEY LINE — FRED GOSSETT 10 SANITARY SEWER CC FILE NO EASEMENT 96-ROO90079 VOL 501 PAGE 23 RPRDCT s��1 D R D C T 0 " m P�5 VISTA OAKS DEV LTD w 3 CC FILE NO 97-ROO22730 N 0, RPRDCT 0 0 OFFICES AT a Mo HUNTERS RIDGE Z LAND DEV CO CC FILE NO 96-ROO83647 15 SANITARY SEWER RPRDCT EASEMENT VOL 578 PAGE 332 D R D C T 11r PF fIIRFD POC POI S 88 07 04 E 22738 0 50 100 200 SCALE IN FEET JULY 1997 I\SLD\96221401\GRA\214SSEX1 DWG N 88 07'04 W 1500 SUNDOWN RANCH WESTMINISTER, LTD CC FILE NO 97-ROO19209 RPRDCT EXHIBIT °B' «6 Carterz=Burgess Consultants in Planning Eng,neennq Amhiteature 0.213 ACRES Construction Management and Reloted Services PARTIAL EASEMENT CARTER & BURGESS INC 7950 OOK DIVE ABANDONMENT DALLAS LTX 75247 R4961SUITE 250 SUNDOWN SUNDOWN RANCH WESTMINISTER LTD CC FILE NO 97-ROO19209 RPRDCT N BB 07'04 WSJ 2365 III / PROPOSED DEVELOPMENT WIND RIVER PHASE V -- --- w�m I RLD 1 O CC FIIE 10 SANITARY SEWER b VOL E501M PAGE 23 p DRDCT v (TO BE ABWDONED) FUTURE DEVELOPMENT VISTA OAKS DEV LTD CC FILE NO 97-ROO22730 II RPRDCT II ✓ FISHER SURVEY II ABSTRACT NO 421 I II I PROPOSED 18 SAID fP EASEMENT I I IL---= r y II, II R 31 I NI N a: l a w N N N m VI 110 00 0043 45 W P�AT AAP 'rf)Ae,r DID \_ VOL C D_RDCT_ I I I cjt I o JOHN MLCOWAN SURVEY ��IIJ ABSTRACT NO 797 mI 1 EXISTING SANITARY SEWER EASEMENT I 1 /tTO � 0 700 ACRE PARTIAL EASEMENT ABANDONMENT APPROXIMATESURVEY LINE F REYNOLDS SURVEYABSTRACT NO 1664FUTURE DEVELOPMENT ARY SEWEREMENT PAGE 23 VISTA OAKS DEV LTD DCTBANWNED) CC FILE NO �I I PROPOSED JI EASEMENT i � I / I,I SEWER / 97-ROO22730 RPRDCT aq/,I J POB I 1 / ME P A, P R R SURVEY ABSTRACT NO 950 I71 OF 0 100 200 400 A gIQE BTEA6 ox SCALE IN FEET CI / Q {• NOTE BEARING BASIS IS THE NORTH LINE OF /Y iRE / �� • '•' A TRACT OF LAND DESCRIBED IN DEED ' .Q TO WESTMINISTER LTD AS RECORDED 0 C Fc..... nla4.� IN CC p97—ROO19209 RPRDCT EXHIBIT •Be 0 700 ACRE PARTIAL EASEMENT ABANDONMENT JULY 1997 I\9LD\962214D1\DRA\214SSEX4 DWG V V NTON VESTMENT INC a_ CC FILE NO _ Ca�tei �� Bvig®SS 94—ROO22697 Consultants In Planning Engineering Architecture R P R D C T Construction Management and Relo ed Services CARTER & BURGESS INC 7950 ELMBROOK DRIVE SUITE 250 DALLAS TX 75247-4961