1998-167 ORDINANCE NO q f-- / ~? ~
AN ORDINANCE PARTIALLY VACATING A CERTAIN EASEMENT FOR THE
CONSTRUCTION OF LOCAL ELECTRIC SERVICE LINES FROM LAKEWOOD ESTATES
PARTNERSHIP TO THE CITY OF DENTON BY EASEMENT DATED MARCH 3, 1983,
AND RECORDED IN VOLUME 1200, PAGE 803 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request for the partial abandonment of a
certain easement for construction of local electric service lines, and
WHEREAS, the Planning and Zomng Commmsion of the City of Denton, Texas
reviewed the requested abandonment and recommended approval, and
WHEREAS, the City Council of the C~ty of Denton, Texas has determined that the
easement for the construction of local electric serwce lines being vacated is no longer needed for
pubhc use, and
WHEREAS, the Council d~rects that the process for determImng the fair market value of
the said easement, as reqmred 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 that certain portion of the above-referenced easement for the
construction of local electric serwce hnes, dated March 3, 1983 from Lakewood Estates
Partnership to the C~ty of Denton, Texas, recorded at Volume 1200, Page 803 of the Deed
Records of Denton County, Texas, which portion being vacated m more particularly set forth and
described m Exhibit "A" attached hereto and incorporated herewith by reference, ~s hereby
vacated and abandoned as a pubhc easement to the extent descnbed m said exhibit Provided,
however, that there ~s expressly reserved a pubhc utility easement evidenced by an "Easement"
executed by Z~ff Investment Partners, a Partnership, to the C~ty of Denton, Texas on May 8,
1998, being recorded as Document No m the Real Property Records of
Denton County, Texas, pertaimng to that one certain 2402 square foot tract or parcel of land
described therein, lymg and being situated in the Stephen Hembne Survey, Abstract No 643, m
the City of Denton, Denton County, Texas
~ That by reason of such vacation of the City of Denton's property interest
m the vacated port,on of said easement shall, by operaUon of law, revert to the owner or owners
abuttmg ~hat portion of the easement hereto abandoned, and the City of Denton releases any and
all claims to the use of the vacated port~on of said property as a pubhc easement
~ That this orchnance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED this theO{~/~ day of~__, 1998
JACK ~,I~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT ~A"
PORTION OF LAND TO ABANDON
EASEMENT RECORDED IN VOLUME 1200, PAGE 803
Being a 2 991 acre tract of land situated m the S Hembne Survey, Abstract No 643,
Denton County, Texas, and being a port~on of Block 1 of LAKEWOOD ESTATES
MOBIL HOME PARK, an Addition to Denton County, Texas according to the Map or
Plat thereof recorded in Cabinet C, Shde 193 of the Plat Records of Demon County,
Texas, said 2 991 acre tract being more particularly described as follows
BEGINNING at an iron rod found for the intersection of east right-of-way hne of Teasley
Lane (a variable w~dth right-of-way) with the noah right-of-way line of Robinson Road
(a variable width right-of-way), same being the southwest corner of Block 1 and being
Noah 01 degrees 07 minutes 29 seconds West, a distance of 35 53 feet from the
southwest corner of said Addmon,
THENCE Noah 01 degrees 07 m~nutes 29 seconds West, along the east right-of-way hne
of Teasley Lane, a distance of 294 98 feet to an ~ron rod found for the begmmng of a
curve to the right hawng a central angle of 03 degrees 52 minutes 39 seconds, a radms of
1471 57 feet, a chord bearing of North 03 degrees 03 minutes 49 seconds West, and a
chord distance of 99 57 feet,
THENCE cont~numg along the east right-of-way hne of sa~d Teasley Lane, an arc
d~stanee of 99 59 feet to an iron rod set, said ~ron rod being southerly an arc d~stance of
727 81 feet from the western most corner of said Block 1,
THENCE over and across said Block 1 the following calls
Noah 78 degrees 02 minutes 07 seconds East, a d~stance of 218 76 feet to an ~ron
rod found,
South 61 degrees 32 minutes 01 seconds East, a distance of 123 77 feet to an ~ron
rod set,
South 01 degrees 44 m~nutes 24 seconds West, a d~stance of 390 00 feet to an ~ron
rod set m the noah right-of-way line of Robinson Road,
THENCE North 88 degrees 15 minutes 35 seconds West, along the noah right-of-way
hne of Robinson Road, a distance of 300 00 feet to the POINT OF BEGINNING and
containing 2 991 acres or 130,301 square feet of land more or less and being subject to
any and all easements that may affect
L, I09 03085
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
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 zs a true and accurate copy of Ordinance No 98-167 as approved by the C~ty of
Denton Czty Council on June 2, 1998
TO CERTIFY WHICH, wztness my officml s~gnature and the seal of smd C~ty, this the 10th
day of June, 1998
DI~UTY CI~'~ SECRETARY
CITY OF DENTON, TEXAS
O ANCE NO ¢ _ /
AN OR_DINANCE ?A~TIALLY VACATING A CERTAI~ EASEMENT FOR THE
CONSTR~CTION OF LOCAL ELECTRIC SERVICE LIteS FROM LAI~WOOD ESTATES
PARTNERSHIP TO THE CITY OF DENTON BY EASEMENT DATED MARCH 3, 1983,
AND RECORDED IN VOLUME 1200, PAGE 803 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request for the partial abandonment of a
certaan easement for construction of local electric service lines, and
WHEREAS, the Planmng and Zomng Commission of the City of Denton, Texas
reviewed the requested abandonment and recommended approval, and
WHEREAS, the C~ty Council of the City of Denton, Texas has determined that the
easement for the construction of local elecme serwce lines being vacated is no longer needed for
pubhc use, and
WHEREAS, the Council d~reets that the process for detenmmng the fair market value of
the sa~d easement, as reqmred by Section 272 001 of the Texas Local Government Code, shall be
followed m effectuating tbas abandonment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~STr~.T_LQ]S_X That that certain port, on of the above-referenced easement for the
construction of local eleeme service lmes, dated March 3, 1983 from Lakewood Estates
Partnersbap to the C~ty of Denton, Texas, recorded at Volume 1200, Page 803 of the Deed
Records of Denton County, Texas, wbaeh port, on being vacated is more particularly set forth and
described m Exbab~t "A" attached hereto and incorporated herewith by reference, as hereby
vacated and abandoned as a pubhe easement to the extent described m sa~d extub~t Prowded,
however, that there ~s expressly reserved a pubhc utility easement ewdeneed by an "Easement"
executed by Z~ff Investment Partners, a Partnershap, to the C~ty of Denton, Texas on May 8,
1998, being recorded as Document No ~ m the Real Property Records of
Denton County, Texas, pertamang to that one certain 2402 square foot tract or parcel of land
described therem, lying and being s~tuated m the Stephen Hembne Survey, Abstract No 643, m
the C~ty of Dentun, Denton County, Texas
~ That by reason of such vacation of the C~ty of Denton's property interest
m the vacated portmn of s~ud easement shall, by operation of law, revert to the owner or owners
abuttmg that portaon of the easement hereto abandoned, and the C~ty of Denton releases any and
all el~ums to the use of the vacated pomon of sa~d property as a public easement
~=.QTJ~).~LI~ That flus ordinance shall become effeetave lmmechately upon ~ts passage
and approval
~+ ~ 09 Lt3087
PASSED AND APPROVED tlus the~/~/~ day of /- 1~_~ ,1998
JACK ~I~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT ~A"
PORTION OF LAND TO ABANDON
EASEMENT RECORDED IN VOLUME 1200, PAGE 803
Being a 2 991 acre tract of land situated m the S Hembne Survey, Abstract No 643,
Denton County, Texas, and being a pomon of Block 1 of LAKEWOOD ESTATES
MOBIL HOME PARK, an Addition to Denton County, Texas according to the Map or
Plat thereof recorded m Cabinet C, Shde 193 of the Plat Records of Denton County,
Texas, said 2 991 acre tract being more particularly described as follows
BEGINNING at an ~ron rod found for the intersection of east right-of-way hne of Teasley
Lane (a varmble w~dth right-of-way) with the north right-of-way line of Robinson Road
(a variable w~dth right-of-way), same being the southwest comer of Block I and being
Noah 01 degrees 07 rmnutes 29 seconds West, a distance of 35 53 feet from the
southwest comer of said Add~tton,
THENCE Noah 01 degrees 07 minutes 29 seconds West, along the east right-of-way hne
of Teasley Lane, a distance of 294 98 feet to an ~ron rod found for the beginning of a
curve to the right having a central angle of 03 degrees 52 minutes 39 seconds, a radms of
1471 57 feet, a chord bearing of Noah 03 degrees 03 minutes 49 seconds West, and a
chord distance of 99 57 feet,
THENCE continuing along the east right-of-way hne of sa~d Teasley Lane, an arc
distance of 99 59 feet to an ~ron rod set, sa~d tron rod being southerly an arc d~stance of
727 81 feet from the western most comer of said Block I,
THENCE over and across said Block I the following calls
Noah 78 degrees 02 minutes 07 seconds East, a d~stance of 218 76 feet to an ~ron
rod found,
South 61 degrees 32 minutes 01 seconds East, a d~stance of 123 77 feet to an ~ron
rod set,
South 01 degrees 44 minutes 24 seconds West, a d~stance of 390 00 feet to an ~ron
rod set in the north right-of-way hne of Robinson Road,
THENCE North 88 degrees 15 minutes 35 seconds West, along the north right-of-way
hne of Robmson Road, a distance of 300 00 feet to the POINT OF BEGINNING and
contatmng 2 991 acres or 130,301 square feet of land more or less and being subject to
any and all easements that may affect
q109 03089
JUN t 0 1998
[iled for Recoed in
DENTON COUN[Y, TX
HONOE~BLE TIM HO~GES/COUNTY
C[
O~ Ju~ 10 1998 At 3133pm
Doc/Num : 98 ROO49J58
Doc/Tx~e : OR
Doc/Mgmt- 6.00
Receipt ~. 20~56
Deputy Cheryl