1998-228 O OINANCE NO g
AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852 AND 0858, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request for the partial abandonment of
certain public utility and drainage easements, 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 pubhc
utility and drainage easements being partially vacated are no longer needed for public use, and
WHEREAS, the process for (1) conveying, selling or exchanging the property interests of
the City of Denton tn the street right-of-way being abandoned and vacated herein and (2)
determining fair market value, as applicable, pursuant to TEX LOC GOV'T CODE §272 001
relating to the conveyance of right-of-way to abutting property owners who own the underlying
fee simple, shall be followed in effectuating this abandonment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the portion of the public utility and drainage easements described tn
Exhibits "A-I" and "A-2", attached hereto and incorporated herem by reference, and recorded m
Volume 1686, Pages 0852 and 0858 of the Real Property Records of Denton County, Texas, are
permanently vacated and extlngmshed as a public easement, to the extent described in said
exhibits
SECTION II That by reason of such vacation the City of Denton's property ~nterest tn
the vacated pomon of satd easements shall, by operatton of law, revert to the owner or owners
abutttng the easements hereto abandoned, and the Ctty of Denton releases any and all clatms to
the use of the vacated portton of satd property as pubhc easements
~ That this ordinance shall become effective tmmedtately upon tts passage
and approval
PASSED AND APPROVED th~s the ~ day of ~ , 1998
J~,~(4ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
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EXHIBIT "A-l"
FIELD NOTES
BEING A PORTION OF THAT CERTAIN 16' DRAINAGE AND UTILITY EASEMENT SITUATED
IN THE JOHN MCGOWEN SURVEY, ABSTRACT NO 797, DENTON COUNTY, TEXAS AS
RECORDED IN VOLUME 1886, PAGE 85~ OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS SAID PORTION BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS SET FOR THE
NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL
HOMES, INC DBA TRENDMAKER HOMES, DESCRIBED IN COUNTY CLERK. S FILE NO 94-
0003327, OF SAID DEED RECORDS AND THE SOUTHEAST CORNER OF THAT CERTAIN
RIGHT-OF-WAY EASEMENT DESCRIBED TO DENTON COUNTY AS RECORDED IN VOLUME
333, PAGE 19, OF SAID DEED RECORDS, AND THE WEST LINE OF THAT CERTAIN 50
ACRE TRACT DESCRIBED IN DEED TO J H THOMAS, ET UX, RECORDED IN VOLUME
293, PAGE 134, OF SAID DEED RECORDS,
THENCE S 01°54'01" E ALONG THE WEST lINE OF SAID 50 ACRE TRACT AND THE EAST
LINE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF 304 51 FEET OF A POINT
FOR CORNER,
THENCE OVER AND ACROSS SAID CENTENNIAL HOMES TRACT THE FOLLOWING SIX
COURSES AND DISTANCES,
- S 88°39'49" W, A DISTANCE OF 368 16 FEET TO A POINT FOR CORNER,
S 67°49'04" W, A DISTANCE OF 174 61 FEET TO A POINT FOR CORNER,
S 78°27'46" W, A DISTANCE OF 50 00 FEET TO A POINT FOR CORNER, FOR THE
BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,
ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF ~75 00 FEET, A DELTA
ANGLE OF 08°41'64", A LONG CHORD THAT BEARS N 07°11'17" A DISTANCE OF
41 71 FEET, AN ARC DISTANCE OF 41 75 FEET TO A POINT FOR CORNER,
S 88°39'49" W, A DISTANCE OF 120 09 FEET TO A POINT FOR CORNER,
S 01'~20'11" E, A DISTANCE OF I 25 FEET TO THE POINT OF BEGINNING,
THENCE S 41°16'07- E, A DISTANCE OF 226.67 FEET TO A POINT FOR CORNER,
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.39 46 FEET, A DELTA
ANGLE OF 40°03'36', A LONG CHORD THAT BEARS S 21°14'25" E A DISTANCE OF
369 54 FEET, AN ARC DISTANCE OF 377 17 FEET TO A POINT FOR CORNER,
THENCE S 88°43'39" W, A DISTANCE OF 16 00 FEET TO A POINT FOR CORNER,
THENCE ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 523 46
FEET, A DELTA ANGLE OF 40°03'43", A LONG CHORD THAT BEARS N 21°14'21'' W A
DISTANCE OF 358 60 FEET, AN ARC DISTANCE OF 366 00 FEET TO A POINT FOR
CORNER,
THENCE N 41°16'07" W, A DISTANCE OF 20755 FEET TO A POINT FOR CORNER,
THENCE N 01°20'11" W, A DISTANCE OF 2494 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 0 216 ACRES OF LAND, MORE OR LESS
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EXHIBIT 'A-2"
FIELD NOTES
BEING A PORTION OF THAT CERTAIN 18' DRAINAGE AND UTILITY EASEMENT SITUATED IN
THE JOHN MCGOWEN SURVEY, ABSTRACT NO 797 , DENTON COUNTY, TEXAS AND
RECORDED IN VOLUME 1888, PAGE 852 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS
COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE
SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL
HOMES, INC DBA TRENDMAKER HOMES, AS RECORDED IN COUNTY CLERKS FILE NO 94-
0003327, ,OF SAID DEED RECORDS, AND THE NORTHEAST CORNER OF THAT CERTAIN
140 89 ACRE TRACT DESCRIBED IN DEED TO HERSMAN DEVELOPMENT CORPORATION AS
RECORDED IN VOLUME 3453, PAGE 847, OF SAID DEED RECORDS,
THENCE S 88°43'53" W, ALONG THE NORTH LINE OF SAID 140 69 ACRE TRACT AND THE
SOUTH LINE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF 210 00 FEET, TO THE
POINT OF BEGINNING,
THENCE S 88~'43'53" W, A DISTANCE OF 16 00 FEET TO A POINT FOR CORNER,
THENCE N 01°16'07" W, A DISTANCE OF 153 49 FEET TO A POINT FOR CORNER,
- THENCE S 88~'43'39" W, A DISTANCE OF 526 20 FEET TO A POINT FOR CORNER,
THENCE N 01 '~20'11" W, A DISTANCE OF 16 00 FEET TO A POINT FOR CORNER,
THENCE N 88°43'39" E, A DISTANCE OF 542 22 FEET TO A POINT FOR CORNER,
THENCE S 01 °16'07" E, A DISTANCE OF 169 48 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 0 255 ACRES OF LAND, MORE OR LESS
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