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Home My WebLink About1999-226\\OH LOL\VOLIWerMPAp OLW.r OocummMONiwua\99\A1rDnrviell AbmGomma4tloc ORDINANCE NO 9- AR AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A 12 FOOT SANITARY SEWER EASEMENT THROUGH LOTS 15 — 17 OF BLOCK B OF THE MCDONNELL HIGHLAND ADDITION, PHASE 2 AND FUTURE PHASE 3 AND RECORDED IN VOLUME 695, PAGE 350 OF THE DEED OF RECORDS OF DENTON COUNTY, TEXAS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for a partial abandonment of a 12 Foot Sanitary Sewer Easement through Lots 15 — 17 of Block B of McDonnell Highlands Addition, Phase 2 and future Phase 3, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas, reviewed the requested abandonment and recommended approval, and WHEREAS, the City Council of the City of Denton has determined that the portion of the Sanitary Sewer Easement being vacated is no longer needed for public use based on the easements which were granted by the plat of Phase 2 of such addition, and WHEREAS, the process for determining fair market value of the portion of the Sanitary Sewer Easement being vacated, as applicable, pursuant to TEX LOC GOV'T CODE §272 001 shall be followed in effectuating tlus abandonment, NOW, THEREFORE, THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS SECTION I That the portion of the Sanitary Sewer Easement situated in the M Forrest Survey, Abstract 417, recorded in Volume 695, Page 350 of the Deed of Records of Denton County, Texas and more particularly described as the 12 Foot Sanitary Sewer Easement crossing Lots 15 — 17 of Block B of the McDonnell Highland Addition Phase 2 and future Phase 3, as legally described in Exhibit "A" attached hereto and incorporated herein by reference, is vacated and permanently abandoned as a public easement, to the extent described in Exhibit "A" SECTION II That the interests of the City of Denton in the easement above described is hereby released and will revert to the owners as provided by law SECTION III That this ordinance shall become effective immediately upon its passage and approval J PASSED AND APPROVED this the `J — day of , 1999 S 4: A - JA LLER, MAYOR a veartaWWm GMur MaMwm doe ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 • Box .:• Denton, Texas 76202-0686 941 . 1 1.1 Sanitary Sewer Basement Abandonment FIELD NOTES to all that certain tract of land situated in the M. Forrest Survey Abstract Number 417, City of Denton, Denton County, Texas and being that portion of the called 16 fact Sanitary Sewer Easement from Henry S. Miller, Trustee, to the City of Denton, recorded in Volume 695, Page 350 of the Deed Records of Denton County, Texas, crossing the called 24.125 acre tract described in the dead from Jessin Lawrence to Schmitt/Woodhaven, LLC. recorded under Clark File Number 98-R0010996 of the Real Property Records of Denton County, Texas, being more Particularly described as follows: BEGINNING for the Easterly Southeast corner of the tract being described herein, at the intersection of the East line of the easement with the Seat line of the 24.125 acre tract and being North 01 Degrees 00 Minutes 46 Seconds East a distance of 796.6 feet more or long from a 1/2 inch iron rod found at the Southeast corner thereof; THENCE with the East line of the easement the following 4 calls; 1. Southwesterly with the arc of a curve having a radius of 558.0 feet, an arc length of 292.3 feet (Cord bearing South 51 Degrees 12 Minutes 26 Seconds West a distance of 288.9 feet), 2 South 22 Degrees S8 Minutes 00 Seconds East a distance of 54 feet to the beginning of a curve to the right having a radius of 458 0 Peet; 3. Southwesterly with the are of the said curve an arc length of 215.8 feet (chord bearing South 09 Degrees 28 Minutes 00 Seconds East a distance of 213.8 feet) to the and of said curve; 4. South 04 Degrees 02 Minutes 00 Seconds West a distance of 356.1 feet to the South line of the 24.125 acre tract and being North 89 Degrees 30 Minutes 13 Seconds West a distance of 180 feat more or lees from the Southeast corner thereof; THENCE North 89 Degrees 30 Minutes 13 Seconds West with the South line of the 24.125 acre tract a distance of 16.0 feet to the West line of the easement; TEEMCE Northerly with the West line of the easement the following 5 calls; 1. North 04 Degrees 02 Minutes 00 Seconds East a distance of 357.1 feet to the beginning of a curve to the left having a radius of 442 0 feet; 2. Northwesterly with the arc of the said curve an are length of 208.3 feet ( chord bearing North 09 Degrees 28 Minutes 00 Seconds West a distance of 206.4 feet) to the and of the said curves 3. North 22 Degrees 88 Minutes 00 Seconds West a distance of 70 fasts 4. Northeasterly with the are of a curve to the left having a radius of 542.0 feet an arc length of 310.7 feet (chord bearing North 91 Degrees 27 Minutes 22 Seconds Bast a distance of 306.5 feet) to the and of said curves S. North 3S Degrees 01 Minutes 68 Seconds Bast a distance of 11.4 feet more or leas to the Bast line of the 24.123 acre tracts THENCE South 00 Degrees 10 Minutes 31 Seconds West with the Bast line of the 24.123 acre tract a distance of 27.8 feet to the PLACE OS BROTHNING. 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