1998-042AN ORDINANCE PARTIALLY VACATiNG A CERTAIN DRAINAGE EASEMENT
RECORDED iN THE REAL PROPERTY RECORDS OF DENTON COUNTY,
TEXAS AT VOLLrMN 1979, PAGE 210, AND PROVIDiNG FOR AN EFFECTIVE
DATE
WHEREAS, the City of Denton has received a request for the partial
abandonment of a certain drainage easement, and
WHEREAS, the Planmng and Zoning Commission of the City of Denton, Texas
rewewed the requested abandonment and recommended approval, and
WHEREAS, the Council of the C~ty of Denton, Texas has detenmned that the
drainage easement being partially vacated is no longer needed for pubhc use, and
WHEREAS, the fmr market value of the dramage easement has been determined
and received, as required by section 272 001 of the Texas Local Government code and
DENTON, TEX, CODE ch 2 art IV (1991), NOW THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS
SECTION I. That the portmn of the drainage easement described in Exhibit A,
attached hereto and meorporated hereto by referenced, and recorded in Volume 1979,
Page 210 of the Real Property Records of Denton County, Texas, is permanently vacated
and extmgmshed as a public easement, to the extent described in said exhibit, provided
however, that there ~s expressly reserved a pubhe drainage easement ewdenced by a
document executed by G Brad Grant, Becky J Grant, and Charles A Grant, Jr on July
7, 1996, filed as document 071535 m the Real Property Records of Denton County,
Texas, where~n a relocated dramage easement was granted to the City of Denton, a tree
and correct copy of wluch is attached hereto and ~ncorporated by reference herein as
Exbablt "B"
SECTION II. That by reason of such vacation the City of Denton's property
interest in the vacated port,on of said easement shall, by operation of law, revert to the
owner or owners abuttmg the easement herein abandoned, and the City of Denton
releases any and all claims to the use of the vacated portion of smd property as a public
easement
SECTION III That th~s orrhnance shall become effective immediately upon ~ts
passage and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
s ~shared~ord~nanceWolumn 1979easement doc
"EXHIBIT A'
ALL that cer~in lot, tract or parcel of land lying and being situated in the City and County of
Denton, State of Texas, in the M.E.P. & P.R.R. Company Survey, Abstract Number 927, and being
part of a tract to B.J. Hays recorded in Volume 1717, Page 406 of the Real Property Records of
Denton County, Texas, and being all of a tract conveyed from B.J. Hays to the City of Denton by
easement deed recorded m Volume 1979, Page 210 of the R.P.R.D.C.T. and being more particularly
described as follows:
BEGINNING for the southwest comer of the tract being described herein; said point bearing South
00° 33' 00" West, 641.39 feet and South 89° 27' 00" East, 117.60 feet from the northwest comer of
said Hays tract;
THENCE North 31° 53' 54" East, a distance of 72.95 feet to a point for comer;
THENCE South 89° 27' 00" East, a distance of 112.70 feet to a point for comer;
THENCE North 54° 02' 29" East, a distance of 32.87 feet to a point for comer;
THENCE North 17° 31' 58" East, a distance of 166.64 feet to a point for comer;,
THENCE North 63° 00' 00" East, a distance of 131.76 feet to a point for comer;,
THENCE North 28° 51' 26" East, a distance of 105.11 feet to a point for comer,
THENCE North a distance of 195.29 feet to a point for the northwest comer of the herein described
tract,
THENCE South 89° 51' 25" East, parallel with and 30 feet m a southerly direction from the north
hne of said Hays tract, a distance of 39.90 feet to a point for the northeast comer of the herein
described tract;
THENCE South a distance of 205.66 feet to a point for comer;
THENCE South 280 51' 26" West, a distance of 127.48 feet to a point for comer;
THENCE South 63° 00' 00" West, a distance of 127 29 feet to a point for comer;
THENCE South 17° 31' 58" West, a distance of 199.93 feet to a point for the northern southeast
comer of the,herein described tract;
THENCE North 89° 27' 00" West, a distance of 140.28 feet to a point for comer;
THENCE South 31° 53' 54" West, a distance of 26.11 feet to a point for the southeast comer of the
herein described tract;
THENCE North 89° 27' 00" West, a distance of 46.84 feet to the POINT OF BEGINNING and
containing 0.763 acres of land.
9-20-96
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CERTIHCATEOFCITYSEC~TARY
THE STATE OF TEXAS
COUNTY OF DENTON
CITY Ol~ DENTON
I, the undermgned City Secretary of the C~ty of Denton, Texas, (the "C~ty") DO HEREBY
CERTIFY' that according to the records of the City ofwbach I am eustodmn, that
the attached 15 a trtl¢ and accurate copy of Ordinance No 98-042 as approved by the City of
Denton City Council on February 17, 1998
TO CERTIFY WHICH, w~mess my official signature and the seal of said City, flus the 20th
day of February, 1998
sEc . Y
CI~f OF DENTON, TEXAS
AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT
RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY,
TEXAS AT VOLUMN 1979, PAGE 210, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the C~ty of Denton has received a request for the partml
abandonment of a certain drmnage casement, and
WHEREAS, the Planmng and Zomng Commission of the City of Denton, Texas
rewewed the requested abandonment and recommended approval, and
WHEREAS, the Council of the City of Denton, Texas has determined that the
drainage easement being partially vacated is no longer needed for pubhc use, and
WHEREAS, the fair market value of the drmnage easement has been determined
and received, as reqmred by section 272 001 of the Texas Local Government code and
DENTON, TEX, CODE ch 2 art IV (1991), NOW THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the portion of the drmnage easement described m Exhibit A,
attached hereto and incorporated herein by referenced, and recorded m Volume 1979,
Page 210 of the Real Property Records of Denton County, Texas, is permanently vacated
and extmgmshed as a public easement, to the extent described in smd extubit, provided
however, that there is expressly reserved a public drainage easement evidenced by a
document executed by G Brad Grant, Becky J Grant, and Charles A Grant, Jr on July
7, 1996, filed as document 071535 in the Real Property Records of Denton County,
Texa~, whereto a relocated drainage easement was granted to the C~ty of Denton, a true
and correct copy of wtuch is attached hereto and incorporated by reference herein as
Exhibit "B"
SECTION II. That by reason of such vacation the City of Denton's property
~nterest in the vacated portion of smd 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 chares to the use of the vacated portion of smd property as a public
easement
~IECTION III That this ordinance shall become effective immediately upon its
passage and approval
k03~ O1721
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
s ~shared~ord~nance\volunm 1979easement doc
01-/22
~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, m the M.E.P. & P.R.R. Company Survey, Abstract Number 927, and being
part of a trac~ to B.,I. Hays recorded in Volume 1717, Page 406 of the Real Property Records of
Denton County, Texas, and being all of h tract conveyed from B.,I. Hays to the C~ty of Denton by
easement deed recorded in Volume 1979, Page 210 of the R.P.R.D.C.T. and being more particularly
described as follows:
BEGINNING for the southwest corner of the tract being described herein; said point bearing South
00° 33' 00' West, 641.39 feet and South 89o 27~ 00' East, 117.60 feet from the northwest corner of
said Hays tract;
THENCE North 31° 53' 54" East, a distance of 72.95 feet to a point for comer;,
THENCE South 89° 27' 00' East, a dmtance of 112.70 feet to a point for corner;
THENCE North 54° 02' 29" East, a distance of 32.87 feet to a pomt for corner;,
THENCE North 17° 31' 58" East, a distance of 166.64 feet to a pomt for corner;,
THENCE North 6.3° 00' 00' East, a dmance of 131.76 feet to a point for corner;,
THENCE NOrth 28o 51' 26" East, a distance of 10S. ll feet to a point for corner;
THENCE NOrth a distance of 195.29 feet to a point for the northwest corner of the herein described
tract;
THENCE South 89° 51' 25" East, parallel with and 30 feet in a southerly d~rection from the north
line of smd Hays tract, a distance of 39.90 feet to a point for the northeast corner of the hereto
described tract;
THENCE South a distance of 205.66 feet to a point for corner;,
THENCE SOuth 28° ~1' 26" West, a distance of 127.48 feet to n point for corner;,
THENCE S~uth 63° 00' 00' West, a distance of 127.29 feet to a point for corner;,
THENCE SOuth 17° 31' ~8" West, a distance of 199.93 feet to n point for the northern southeast
corner of the her~in described tract;
THENCE North 89° 27' 00" West, a distance of 140.28 feet to a point for corner;,
THENCE S~uth 31° 53' 54" West, a distance of 26.11 feet to a point for the southeast corner of the
herein descrlb~d tract;
THENCE Nprth 89° 27' 00' West, a distance of 46.84 feet to the POINT OF BEGINNING and
contaming 0.763 acres of land.
9-20-96
l lled for Reco'rd in
DtN~ON COJNIY, IX .
IIOI'IL)t~ABLIL fi ~ HODfuES/COUN1Y
CI_EI~K
On feb ~8 1998 At 4 30pm
Do~/Num 98-R001 ~1 ~0
Doc/~ype . OR
Recording. 1L 00
Doc/Mgmt 6 00
kece~p~ ~. 6248
Deputy - Lh~y~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
s \shared~ordmancc~lenumber3881 doc
~EXHIBIT A"
ALL that certaan lot, tract or parcel of land lyang and beang s~tuated
in the City and County of Denton, State of Texas an the B.B.B & C R R
Company Survey, Abstract No. 186 and also beang part of a 4 0012 acre
tract conveyed to Trans-Atlas Fanancaal, Inc by deed recorded an Volume
2954, Page 472 of the Real Property Records of Denton County, Texas and
beang part of a draanage and sewer easement from H.D Roberts and wafe,
Stella Roberts to the City of Denton by easement deed on March 3~, 1960
and recorded wath Clerk's F1le Number 3881 more partacularly descrabed
as follows:
COMMENCING at the southeast corner of sa~d 4 0012 acre tract, same beang
the ~ntersectaon of the west right-of-way line of Stuart Road and the
north r~ght-of-way llne of Wlndsor Dr~ve,
THENCE South 82° 43' 50" West along the south l~ne of saad 4.0012 acre
tract and the north raght-of-way lane of Wandsor Dr~ve a d~stance of
102 69 feet to a poxnt for corner, saad point beang the begannang of a
curve to the left whose radxus bears South 07° 16' 10" East a d~stance
of 1,714.48 feet and whose central angle as 02° 17' 32",
THENCE southwesterly along saad curve, same beang the north lane of
Windsor Drzve, an arc dlstance of 68.59 feet to the POINT OF B~GINNING,
sa~d polnt being the beglnnlng of a curve to the left whose rachus bears
South 09° 33' 42" East a dxstanoe of 1,714.48 feet and whose central
angle is 01° 34' 17";
THENCE southwesterly along sa~d curve, same being the north lane of
Wandsor Drive, an arc distance of 47.02 feet to a poant for corner;
THENCE North 53° 37' 12" East a dlstance of 258.19 feet to a point for
corner, saxd poant lylng on a southerly l~ne of a draanage and publac
utllat¥ easement granted to the C~ty of Denton by easement deed recorded
as 96-R0073328 in the Real Property Records of Denton County, Texas,
THENCE North 75° 51' 14" East along the southerly lane of saad easement
a d~stance of 6.18 to a poznt for corner, sa~d poant lying on the most
southerly east line of saxd 4.0012 acre tract and the west line of
Stuart Road,
THENCE South 00" 58' 36" East along saad lanes a d~stance of 22.45 feet
to a poant for corner;
THENCE South 53" 37' 12" West a dastance of 208.66 feet to the POINT OF
BEGINNING and contaznlng 4,880 square feet of land
10-21-97 monfnl doc
CERTIFICATE OF CITY SECRETARY
TItE STATE O1' TEXAS
COUNTY OF DENTON
CITY OF DENTON
I, the undersigned Cxty Secretary of the City of Denton, Texas, (the "City") DO HEREBY
CERTIFY that accordang to the records of the City ofwtuch I am custorhan, that
the attached is a ti'ne and accurate copy of Ordinance No 98-043 as approved by the C~ty of
Denton City Council on February 17, 1998
TO CERTIFY WHICH, wlmess my official s~gnature and the seal of smd C~ty, this the 20th
day of Fel~mary, 1998
CI~'~ SEC~TAI~ -
CI~ OF IJ,ENTON, TEXAS