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