1998-168~IL~ RE~RENC~ ~ORM I 08-168 I
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NO q I
AN ORDINANCE ABANDONING THE WEST 8 FEET OF A 16-FOOT UTILITY
EASEMENT AT THE REAR OF LOTS 8 AND 9, BLOCK 4, OF WILLOWCREEK
ADDITION, AS RECORDED IN VOLUME 7, PAGE 20 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Habitat for Humamty has granted an 8-foot wide utility easement at the
front of Lots 8 and 9, Block 4, Wlllowcreek Addition in exchange for the proposed abandonment
of an 8-foot portion of a 16-foot utility easement at the rear of such lots which is recorded in
Volume 7, Page 20 of the Plat 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, and
WHEREAS, the Council of the City of Denton, Texas has determined that the utility
easement described in Exhibit "A" is no longer needed for public use, and
WHEREAS, that the process for determmmg 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 portion of the utility easement identified as the west 8 feet of a
16-foot easement at the rear of Lots 8 and 9, Block 4, Wdlowcreek Addition to the City of
Denton, Texas, being recorded in Volume 7, Page 20 of the Plat Records of Denton County,
Texas, is permanently vacated and abandoned as a public easement, to the extent described in
Exhibit "A" attached hereto and made a part hereof for all purposes
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
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the rp~ff dayof ~ ,1998
JAC~I~LER, 1VIAY-O R
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PAGE2
~L that certain lot, tract or parcel o£ land lying end being
situated In the City end County o2 Denton, Htata o2 Texas, in the
W. Teague Hu~ey, abstract No. 1256, and being pert o2 Lots 8 end
g, Block 4 o2 the Willovmreek addition, an addition to ~he City of
Denton es recorded in Voltuae 7, Page 20, o2 the Plat Records o2
Denton County, Texas, and being part of the tracts conveyed to
~abitat 2or lltmanity o2 Denton b~ deed recorded &m Clerk's File
l~,~er g7-ROO26970 in the Real Froperty Records of Denton County,
Tms, end also being the west 8 2eat o2 a 1G 2oct utility easemmnt
at the rear o2 said Lots 8 and g, and being ~re particularly
described am
CO~NCXNG at the southeast corner o2 said Lot 9, s~e being the
northeast corner o2 Lot 14, o2 said Block 4, o2
&ddit~on;
~I21~C~ North 45° 0l' 00n West, along the south line of said Lot 9,
a distance o~ 19.25 £eet to a point at I~e intersection o£ ~he
line o2 maid 15 foot utility emm~ent, e~e being the POX14~ OF
'Lq-I~TC~ North lO° 48' 00' ~&st, along the west line of said 16 2oot
utility moment, a dimtmnoe of 2lG.73 feet to a ~oint for corner
on the north~mt line o2 said Lot 8;
~I~ICX North 42° 28' 50* Bamt, w~h the Bald northwest line o2 Lot
8, a distance o2 IS.2S feet to a point 2or corner;
~I!~C~ South l0° 48' 00~ West, paralleZ to the maid west line o2
the 16 2oct utility moment, a distance o2 234.98 feet to a
2or corner on the mouth line o2 ma~d Lot 9;
~I~NC~ North 46° 0l' 00a Wmmt, along the maid mouth line o2 Lot 9,
m distance o2 9.69 2met to the FOXILY OF B~GXIGTXNG end conta~ning
1822 square 2eat o2 lend.