1998-165 ORDINANCE NO q ? --_//tf,~
AN ORDINANCE PARTIALLY VACATING A CERTAIN SEWER AND DRAINAGE
EASEMENT FROM H D ROBERTS AND WIFE, STELLA ROBERTS TO THE CITY OF
DENTON BY EASEMENT DEED ON MARCH 3, 1960, AND RECORDED WITH CLERK'S
FILE NUMBER 3881, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request for the partial abandonment of a
certamn sewer and drmnage easement, and
WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas
reviewed the requested abandonment and recommended approval, and
WHEREAS, the Council of the City of Denton, Texas has determined that the sewer and
drainage easement being vacated is no longer needed for public use, and
WHEREAS, the process for determining fair market value of the sewer and drainage
easement, as required by section 272 001 of the Texas Local Government Code, shall be
followed in effectuating this abandonment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S~ That the portion of the sewer and drainage easement described in Exhibit
A, attached hereto and incorporated herein by reference, and recorded with the Clerk's File
Number 3881, is permanently vacated and abandoned as a public easement, to the extent
described in said exhibit, provided however, that there is expressly reserved public utility
easements evidenced by documents executed by Ron Alsup and Carolyn W Rolhns recorded as
96-R0079329 and 97-R0073330 respectively in the Real Property Records of Denton County,
Texas
ET~ That by reason of such vacation the City of Denton's property interest tn
the vacated portion of 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 of
the use of the vacated portion of said property as a public easement
TI~ That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the c-~At~7 day of ~l~u. g. ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE2
~EXHIBIT A"
ALL th&t certaan lot, tract or parcel of land lyang and beang
situated an the Caty and County of Denton, State of Texas an the
B B B & C R R Company Survey, Abstract No 186 and also being
part of a draanage and sewer easement from H D Roberts and wafe,
Stella Roberts to the City cf Denton by easement deed on March 3=d,
1960 and recorded w~th Clerk~s Fale Number 3881 an the Deed Records
of Denton County, Texas and beang more particularly described as
follows:
TRACT 1
All that portion cf sa~ddraanage and sewer easement recorded w~th
Clerk's F~le Number 3881, D R D C T as at affects the entarety of
the 08 acre tract conveyed to Carolyn W Rollans and referenced as
TRACT 2 b~ deed recorded as 96-R045705 an the Real Property Records
of Denton County, Texas
TRACT 2
Ail that port~on of said drainage and sewer easement recorded wath
Clerk's F~le Number 3881, D R D C.T as at affects the entarety of
the 0955 acre tract conve~ed to Ron Alsup by deed recorded as 96-
R020933 an the Real Property Records, Denton County, Texas
TRACT 3
All that portacn of saad drainage and sewer easement recorded wath
Clerk,s Fale Number 3881, D R D C T as at affects the entarety of
Lot 43, Replat of W~ndsong at the Vallage, Phase V, an add~taon to
the C~ty of Denton, recorded an Cabanet C, Page 23 of the Plat
Records of Denton County, Texas, same beang a tract conveyed to Ron
Alsup by deed recorded as 96-R00220 an the Real Property Records,
Denton County, Texas.
CERTIFICATE OF CITY SECRETARY
049359
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
I, the undersigned Deputy C~ty Secretary of the City of Denton, Texas, (the "C~ty") DO
HEREBY CERTIFY that according to the records of the City of which I am a custodian, that
the attached as a true and accurate copy of Ordxnance No 98-165 as approved by the C~ty of
Denton Cxty Council on June 2, 1998
TO CERTIFY WHICH, w~tness my officaal s~gnature and the seal of smd C~ty, th~s the 10th
day of June, 1998
, I~I~PUTY CITY ~ECRETARY
~ , CITY OF DENTON, TEXAS
AN ORDINANCE PARTIALLY VACATING A CERTAIN SEWER AND DRAINAGE
EASEMENT FROM H D ROBERTS AND WIFE, STELLA ROBERTS TO THE CITY OF
DENTON BY EASEMENT DEED ON MARCH 3, 1960, AND RECORDED WITH CLERK'S
FILE NUMBER 3881, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Oty of Denton has received a request for the pamal abandonment of a
certmn sewer and dratnage easement, and
WHEREAS, the Planmng and Zomng Commmslon of the Oty of Denton, Texas
revmwed the requested abandonment and recommended approval, and
WHEREAS, the Council of the C~ty of Denton, Texas has determined that the sewer and
drainage easement betng vacated xs no longer needed for pubhc use, and
WHEREAS, the process for determining fair market value of the sewer and drainage
easement, as requtred by section 272 001 of the Texas Local Government Code, shall be
followed m effectuating this abandonment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the port,on of the sewer and drainage easement descrtbed m Exhibit
& attached hereto and incorporated herein by reference, and recorded with the Clerk's Fde
Number 3881, is permanently vacated and abandoned as a public easement, to the extent
described m sa~d exhibit, prowded however, that there m expressly reserved pubhc utility
easements ewdenced by documents executed by Ron Alsup and Carolyn W Rolhns recorded as
96-R0073329 and 97-R0073330 respectively m the Real Property Records of Denton County,
Texas
~ That by reason of such vacauon the Oty of Denton's property ,nterest ~n
the vacated port,on of sa~d easement shall, by operatmn of law, revert to the owner or owners
abutting the easement hereto abandoned, and the C~ty of Denton releases any and all claims of
the use of the vacated pomon of satd property as a pubhc easement
~ That thru ordinance shall become effective xmmedmtely upon ~ts passage
and approval
PASSED AND APPROVED th~s the ~?~A47 day of ~1~?. 12. ., 1998
JA~' '
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE2
109 03[)93
~EXHIBIT A"
ALL that cartoon lot, tract or parcel of land lying and beang
satuated an the Coty 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 draanage and sewer easement from H D Roberts and wafe,
Stella Roberts to the CLty of Denton b~ easement deed on March 3=d,
1960 and recorded wi~h Clerk's Fale N~m~er 3881 an the Deed Records
of Denton County, Texas and beang more partaoularly described as
follows
TRACT 1
All that portion of saad draanage and sewer easement recorded w~th
Clerk,S File N~her 3881, D R D C T as at affects the entarety of
the 08 acre tract conveyed to Carolyn W Rollans and referenced as
TRACT 2 b~ deed recorded as 96-R045705 an the Real Property Record~
of Denton County, Texas
TRACT 2
Ail that portaon of said draanage and sewer easement recorded wath
Clerk's File N--~er 3881, D R D C T as at affects the entarety of
the 0955 acre tract conveyed to Ron Alsupby deed recorded as 96-
R020933 in the Real Property Records, Denton County, Texas
TRACT 3
All that portion of said draanage and sewer easement recorded with
Clerk's Fale N---~er 3881, D R D C T as Lt affects the entarety of
Lot 43, Re, lot of Windsong at the Vallage, Phase V, an addLtLon to
the City of Denton, recorded Ln CabLnet C, Page 23 of the Plat
Records of Denton Count~, Texas, same beang a tract conveyed to ROn
Alsup b~ deed recorded as 96-R00220 an the Real Property Records,
Denton County, Texas
[ 109 0309U
JUN t 0 1998
DENION COUNT~
~lecl fOP RecoPa
DEHroH COUNTY~ FX
HOHORRBtL ]7~ HODGES/COUNTY
CL
On Jun 18 1998 At 3:33pm
Do~/Nu~ · 98-R8049359
Doc/Mgmt : 6.08
Ke~ea~t ~:, 80756
Deputy - Che'~yl