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Home My WebLink About1999-192ORDINANCE NO ! ? -/ - / %A AN ORDINANCE ABANDONING A 20-FOOT EASEMENT FOR WATER MAINS AND ELECTIC POWER TRANSMISSION LINES SITUATED IN LOTS 1,2 & 3 OF BLOCK 1 OF THE EAGLE POINT SHOPPING CENTER ADDITION, WHICH RUNS FROM S LOCUST STREET ON THE EAST TO FORT WORTH DRIVE ON WEST, CONVEYED TO THE CITY OF DENTON PER VOLUME 410, PAGE 92, DEED RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, a water mains and electric transmission lines easement exists on the site for the new Home Depot , such easement runs from S Locust on the east to Fort Worth Drive on the west, which the property owner desires abandoned since the only improvements in such easement was a 20-inch water main which has been relocated per the replat of Lot 1R, and WHEREAS, the easement was conveyed in 1955 by George M Hopkins to the City of Denton per Volume 410, Page 92, of the Deed Records of Denton County, Texas, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval on December 16, 1998, and WHEREAS, the Council of the City of Denton, Texas has determined that such water mains and electric transmission easement is 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 followed in effectuating this abandonment, NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the water mains and electric transmission lines easement, which runs from S Locust Street on the east to Fort Worth Drive on the west, and being situated in Lots 1, 2 & 3 of Block 1 of the Eagle Point Shopping Center Addition and conveyed to the City of Denton from George M Hopkins out of the Alexander Hill Survey, Abstract No 623, per Volume 410, Page 92 of the Deed Records of Denton County, Texas, is permanently vacated and abandoned as a public easement SECTION II That by reason of such vacation the City of Denton's property interest in the said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated property as a public easement S_,ECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of&A& _, 1999 JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY �XmGUi- V Agv�— APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\99\HomeDepot Abandonment doc 4363 02411 , CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON OG2385 I, the undersigned Deputy City Secretary of the City of Denton, Texas, (the "City") DO HEREBY CERTIFY that according to the records of the City of which I am a custodian, that the attached is a true and accurate copy of Ordinance No 99-192 as passed and approved by the City of Denton City Council on June 1, 1999 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 9th day of June, 1999 �&- DNPUTY CITY SECRETARY CITY OF DENTON, TEXAS 4363 02172 ORDINANCE NO c� AN ORDINANCE ABANDONING A 20-FOOT EASEMENT FOR WATER MAINS AND ELECTIC POWER TRANSMISSION LINES SITUATED IN LOTS 1,2 & 3 OF BLOCK 1 OF THE EAGLE POINT SHOPPING CENTER ADDITION, WHICH RUNS FROM S LOCUST STREET ON THE EAST TO FORT WORTH DRIVE ON WEST, CONVEYED TO THE CITY OF DENTON PER VOLUME 410, PAGE 92, DEED RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, a water mains and electric transmission lines easement exists on the site for the new Home Depot, such easement runs from S Locust on the east to Fort Worth Drive on the west, which the property owner desires abandoned since the only improvements in such easement was a 20-inch water main which has been relocated per the replat of Lot 1R, and WHEREAS, the easement was conveyed in 1955 by George M Hopkins to the City of Denton per Volume 410, Page 92, of the Deed Records of Denton County, Texas, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval on December 16, 1998, and WHEREAS, the Council of the City of Denton, Texas has determined that such water mains and electric transmission easement is 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 followed in effectuating this abandonment, NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the water mains and electric transmission lines easement, which runs from S Locust Street on the east to Fort Worth Drive on the west, and being situated in Lots 1, 2 & 3 of Bloch 1 of the Eagle Point Shopping Center Addition and conveyed to the City of Denton from George M. Hopkins out of the Alexander Hill Survey, Abstract No 623, per Volume 410, Page 92 of the Deed Records of Denton County, Texas, is permanently vacated and abandoned as a public easement SECTION II That by reason of such vacation the City of Denton's property interest in the said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated property as a public easement 4363 02173 SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the J day of 1999 JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY �_ x �� PAP W. S \Our Documents\Ordinences\99\HomeDepot Abandonment doc 4363 02174 Return To City Of Denton Engineering & Transportation Dept 221 North Elm Street Denton, Texas 7620] Y ' Attention ya.u.Q. U � ANY PROVISION HEREIN WHICH REBTRICTe THQ SOLE REMAL OR USE OF THP OMCRIDEO REAL PROPERTY BWA. ',A COLOR OR MORE IS "-All. ANO UMLA-D ,,C"Ug UN09H F:D:RAL LAW THE STAT. OF T, COUMYOFOEMON I M.bT R." In., his In.MIRMN W.. %10In In. Fill. Numb....W.. m OBrISI N. d.rom .nd . lips .h now B.mn by Mal and we. 0N, AS( ORDED In m. Punlin RwI.RY PI R.n PNd.MM D.nbn I anM Pad. M JUN 18 1999 COUNTY CLERK� DENTON COUNTY TENOR x F31ed for Record zn: DENTON COUNTY TX CYNTHIA MITCHtLLB COUNTY CLERK On Jun 18 1999 At 3:57pm Doc/Num : 99-R0062385 Doc/Type : OR Recording: 9.00 Doc/Mgmt : 6.00 Receipt N: 24962 Deputy - MARY