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1997-085NORT~WO00RD ORDINANCE NO AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT RECORDED IN THE PL~T RECORDS OF DENTON COUNTY, TEXAS AT CABINET L, PAGE 58, AS IT PERTAINS TO LOT 4, BLOCK A OF THE NORTHWOOD ESTATES LIMITED SUBDIVISION, 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 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 drainage easement being partially vacated is no longer needed for public use, and WHEREAS, the fair market value of the drainage 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, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the portion of the drainage easement described in Exhibit A, attached hereto and incorporated herein by reference, and recorded in Cabinet L, Page 58 of the Plat Records of Denton County, Texas, as it pertains to Lot 4, Block A of the Northwood Estates, Limited subdivision, is permanently vacated and extin- guished as a public easement, to the extent described in said exhibit SECTION II That by reason of such vacation the City of Denton's property interest in 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 to the use of the vacated portion of said property as a public easement SECTION III That this ordinance shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the/~~' day of ~ , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM ~{ERBERT L PROUTY, CITY ATTORNEY PAGE 2 "EXHIBIT A' ALL that certain lot, tract or poreel of land lying and being situated in the City and County of Denton, State of Texas, in the Daniel Culp Survey, Abstract Number 287, and being part of Lot 4, Block A, of Northwood Estates Ltd., un addition to the City of Denton, recorded in Cabinet L, Page $8, of the Plat Records of Denton County, Texas and also being part of a tract conveyed to Alsup Construction by deed recorded as 95-R0017501 in the Real Property Records of Denton County, Texas and also being part of a variable width drainage easement as shown on said Northwood Estates Ltd. Plat and being more particularly described as follows: COMMENCING at the southwest corner of said Lot 4, same being a point on the east right-of-way line of Old North Road; THENCE North 00° 36' 02" East along the west line of said Lot 4 and the east right- of-way line of Old North Road a distance of 25 feet to a point for corner, said point being the northwest corner of said variable width drainage easement; THENCE South 84° 26' 32" East along the north line of said variable width drainage easement (called Sooth 8;3° ;38' 48" East on said pla0 a distnnee of 37.92 feet to the POINT OF BEGINNING, said point lying on the west face of the foundation of the residence; THENCE South 00° 31' 31" West along the west face of said residence a distance of 1.26 feet to a point for corner, said point being the most southerly southwest exterior foundation corner of said residence; THENCE South 89° 28' 29" East along the south face of said residence a distance of 14.29 feet to a point for corner, said point lying on the north line of said variable width drainage easement; THENCE North 84° 26' 32" West (called North 83° 38' 48" West on said pla0 along the north line of said variable width drainage easement a distance of 14.33 feet to the POINT OF BEGINNING and containing 9 square feet of land PROPOSED ABANDONMENT TRACT 126' 14 29' NO SCALE ~ ON; 8TORY 0 ~ BRICK RESIDENCE ~ LOT 4, BLOCK 0 Z 0 PROPOSED ABAND NMENT . TRACT City of Denton Eng%neemng &Transportatton Department R~ght-of-Fay D%vts%on ~ay f6, 1996 COVENANTS INDEMNIFYING AND HOLDING THE CITY OF DENTON HARMLESS FROM DAMAGES THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § WHEREAS, D Kelth Orsburn desires partial abandonment of an existing variable width drainage easement affe~mg Lot 4, Block A, Northwood Estates Ltd Addition, an addition to the City of Denton, recorded m Cabinet L, Page 58 of the Plat Records of Denton County, Texas, and WHEREAS, the home's foundation as situated on s0ad Lot 4 encroaches said ex~stmg easement, NOW, TI~REFORE, in consideration of the City of Denton vacating and extmgulslang its rights wltlan that port~on of smd ex~st~ng easement m wluch the home's foundation encroaches, tat portion further described m Exlablt A, attached hereto and ~ncorporated herein by reference, D Keith Orsburn and each property owner and resident of the property known as Lot 4, Block A, Northwood Estates Ltd Adcht~on agree that all the property encompassed by said Lot 4 shall be held subject to the following covenants 1 D Kelth Orsburn and each property owner and resident of the property known as Lot 4, Block A, Northwood Estates Ltd Addmon agree and are bound to fully release, discharge, acquit, indemnify, hold harmless, and defend, the City of Denton, its elected officials, officers, employees and agents, from and agmnst all clmms 0nclud~ng subrogation claims) and suits for damages, property damage, losses, and expenses including court costs and attorneys fees, arising out of or resulting from the eyastence of the remmnder port~on of said ex~stmg variable width drmnage easement and the drainage facflmes w~tlan, or any condition or circumstance wlach may arise in connection w~th said easement or any fixtures thereto, unless D Ke~th Orsburn or subsequent property owners incur damages caused by the affirmaUve action or neghgence of the C~ty of Denton, 1ts elected officials, officers, employees and agents, where smd acts are outside the boundaries or intended purposes of the then eyastmg easement on said property 2 These covenants hereto set forth shall nm with the land and be binding on the owners, their successors and assigns and all part,es elamung by, through and under them shall be taken to hold, agree and covenant w~th the owner and las successors m role, and with each of them, to conform to and observe all covenants hereto 3 The owner of Lot 4, Block A, Northwood Estates Ltd Addition hereby agrees and PAGE1 recognizes that he ~s benefitted by perrmttmg the City of Demon the option to enforce these covenants m exchange for vacating and extmgutshing tts rights w~thin that portion of sa~d easement, upon which the home's foundation encroaches, and that the C~ty of Denton benefits by being able to vacate and extinguish 1ts nghtsvatlun that portion of~d easement w~thout mcumng public expense, and these facts, m conjunction w~th those set out m the preamble to this document, constttute suffictent and vahd consideration between the C~ty of Denton and the owner of said Lot 4, Block A, Northwood Estates Ltd Addition EXECUTEDasofthls ~? dayof q ;'1 .~ ,1997 D l~elth Or~m~6~vner-'FTM ' - ~ - Lot 4, Block A Northwood Estates Ltd Ad&t~on ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF-I~ENTON § /q This instrument was acknowledged before me on ~.~/~M.4~4~c~ ,_~ , 19971rg D Keith Orslmrn PAGE 2 COVENANTS INDEMNIFYING AND HOLDING THE CITY OF DENTON HARMLESS FROM DAMAGES THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § WHEREAS, D Kelth Orsburn desires partml abandonment of an existing variable w~dth drainage easement affecting Lot 4, Block A, Northwood Estates Ltd Addmon, an addition to the C~ty of Denton, recorded ~n Cabinet L, Page 58 of the Plat Records of Denton County, Texas, and WHEREAS, the home's foundation as situated on sa~d Lot 4 encroaches s0ad existing easement, NOW, THEREFORE, m consideration of the City of Denton vacating and extinguishing its rights wltban that port,on of smd ex~stmg easement m which the home's foundation encroaches, tat port~on further described m Erdub~t A, attached hereto and incorporated hereto by reference, D Ke~th Orsbum and each property owner and resident of the property known as Lot 4, Block A, Northwood Estates Ltd Ad&t~on agree that all the property encompassed by satd Lot 4 shall be held subject to the following covenants 1 D Ke~th Orsburn and each property owner and resident of the property known as Lot 4, Block A, Northwood Estates Ltd Addition agree and are bound to fully release, discharge, acquit, mdemmfy, hold harmless, and defend, the C~ty of Denton, tts elected officmls, officers, employees and agents, from and ag0anst all cloams 0nclud~ng subrogation clatms) and suits for damages, property damage, losses, and expenses inclu&ng court costs and attorneys fees, arts~ng out of or resulting from the erastence of the remainder port,on of smd erast~ng variable width dr0anage easement and the dreanage fac~ht~es within, or any condition or c~rcumstance which may arise m connection w~th smd easement or any fixtures thereto, unless D Kelth Orsburn or subsequent property owners incur damages caused by the affirmative action or neghgence of the C~ty of Denton, 1ts elected officials, officers, employees and agents, where smd acts are outside the boundaries or ~ntended purposes of the then ex~stmg easement on sa~d property 2 These covenants here~n set forth shall mn v~th the land and be binding on the owners, their successors and assigns and all part,es elmn~ng by, through and under them shall be taken to hold, agree and covenant w~th the owner and his successors m tttle, and with each of them, to conform to and observe all covenants hereto 3 The owner of Lot 4, Block A, Northwood Estates Ltd Addmon hereby agrees and PAGE 1 recogmzes that he is benefitted by permitting the City of Denton the option to enforce these covenants m excNmge for vacating and extlngmshmg ~ts rights within that pomon of smd easement, upon winch the home's foundation encroaches, and that the City of Denton benefits by being able to vacate and extmgmsh ~ts nghts vatNn that pomon of smd easement without mcumng pubhe expense, and these facts, m conjunction with those set out ~n the preamble to tins document, eonsmute sufficient and vahd consideration between the C~ty of Denton and the owner of smd Lot 4, Block A, Northwood Estates Ltd Ad&t~on D l~e~'i'h Ors6h'rn76,Tvner-TTM "-U - Lot 4, Block A Northwood Estates Ltd Addmon ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF t~ENTON § Tins instrument was acknowledged before me on C~t~ ,~ ,19971~g D Ke~th Orsburn PAGE2 bE.N T'O/,-t, 'r-¥ Filed for Record in: DENTON COUNTY, TX HONORABLE TIM HODBES/COUNTY CLERK On Nar 26 1937 At ll:8§am Doc/Num : 97-R0019187 Do¢/TyBe : MDO Recordln§: 7.00 Doc/Mgmt : 6.00 Receipt #: 9548 Deputy - Cheryl CERTIFICATE OF CITY SECRETARY TEE STATE OF TEXAS COUNTY or DENTON CITY OF DENTON I, the undersigned 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 custodian, that: the attached is a true and accurate copy of Ordinance 97-085 as approved by the City of Denton City Counll on March 18, 1997. TO CERTIFY WHICH, witness my official sIgnature and the seal of said city, this the 24th day of March, 1997. Cii~Y 'SEC~TARY- '£s , OF ~NTON, TE~S A~C00375 NORTHWOO 0P~D ORDINANCE NO 7 AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET L, PAGE 58, AS IT PERTAINS TO LOT 4, BLOCK A OF THE NORTHWOOD ESTATES LIMITED SUBDIVISION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has recemved a request for the partial abandonment of a certain drainage easement, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Councll of the City of Denton, Texas has determzned that the draznage easement being partially vacated is no longer needed for public use, and WHEREAS, the fair market value of the drainage 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, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the port~on of the drainage easement described in Exhibit A, attached hereto and incorporated herein by reference, and recorded an Cabinet L, Page 58 of the Plat Records of Denton County, Texas, as ~t pertazns to Lot 4, Block A of the Northwood Estates, Limited subdlvlszon, is permanently vacated and extin- guished as a public easement, to the extent descrmbed in said exhibit SECTION II That by reason of such vacation the City of Denton's property interest in the vacated portmon 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 to the use of the vacated portion of said property as a public easement SECTION III That this ordinance shall become effective immed- iately upon lts passage and approval PASSED AND APPROVED this the/~~' day of ~ , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 "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, in the Daniel Culp Survey, Abstract Number 287, and being part of Lot 4, Block A, of Northwood Estates Ltd., an addition to the City of Denton, recorded in Cabinet L, Page 58, of the Plat Records of Denton County, Texas and also being part of a tract conveyed to Aisup Construction by deed recorded as 95-R0017501 in the Real Property Records of Denton County, Texas and also being part ora variable width drainage easement as shown on said Northwood Estates Ltd. Plat and being more particularly described as follows: COMMENCING at the southwest corner of said Lot 4, same being a point on the east right-of-way line of Old North Road; THENCE North 00° 36' 02" East along the west line of said Lot 4 and the east right- of-way line of Old North Road a distance of 25 feet to a point for corner, said point being the northwest corner of said variable width drainage easement; THENCE South 84° 26' 32" East along the north line of said variable width drainage easement (called South 83° 38' 48'* East on said plat) a distance of 37.92 feet to the POINT OF BEGINNING, said point lying on the west face of the foundation of the residence; THENCE South 00° 31' 31" West along the west face of said residence a distance of 1.26 feet to a point for eoruer, said point being the most southerly southwest exterior foundation eoruer of said residence; THENCE South 89° 28' 29" East along the south face of said residence a distance of 14.29 feet to a point for corner, said point lying on the north line of said variable width drainage easement; THENCE North 84° 26' 32" West (called North 83° 38' 48" West on said plat) along the north line of said variable width drainage easement a distance of 14.33 feet to the POINT OF BEGINNING and containing 9 square feet of land 5-~ 96 PROPOSED ABANDONMENT TRACT 126' 14 29' NO SCALE < ONr~ ETORY 0 BRICK REEIDENCIr a:~' LOT 4, BLOCK A 0 Z _1 0 PROPO8 D 14~gI DRAINAGE City of Denton Eng%neemng & Transportat%on Department Rtght-of - ~ray D%v%s%on May 16, 1996 Filed for Recold in: DLNTON COUN1Y, FX HONORRBLE TIM HOI)GES/COUNTY CL At it :25an~ Doc/Nun) : 97 R0019186 Doc/Tx~e : Reco cd,hq: 13.00 Doc/Hgn)t · 6.80 )<ecez pt ~: 9542 Depuby Cheryl