1997-232C \DOCS\ORD\SKYFAB ORD
AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR
ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF THE
SOUTHEAST CORNER OF THE INTERSECTION OF F.M. 2181 (TEASLEY LANE)
AND OLD ALTON ROAD, AS IT PERTAINS TO LOT 1, BLOCK 1, SKYFAB
ADDITION, IN THE CITY OF DENTON, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
W~EREAS, on the 18th day of June, 1952, H.D. Price and Mrs.
Luda Price granted to Brazos River Transmission Electric Coopera-
tive, Inc. ("Brazos") a right-of-way easement (the "Original
Easement") for the construction, operation, and maintenance of an
electric transmission or distribution line or system, upon a
certain 30 acre tract of land being a part of the A. E. Cannon 640
acre Survey on Hickory Creek, which ~s more particularly described
· n the Original Easement by metes and bounds, and which Original
Easement was filed on August 4, 1952 and recorded thereafter at
Volume 381, Page 494 of the Deed Records of Denton County, Texas;
and
WHEREAS, on the 23rd day of October, 1987, Brazos conveyed to
the C~ty of Denton, all of its right, title, and interest in and to
the Original Easement, by Assignment Of Easements (the "Assign-
ment''), which Assignment was filed on March 1, 1990, and thereafter
recorded at Volume 2736, Page 0829 of the Deed Records of Denton
County, Texas; and
WHEREAS, the City of Denton is the lawful owner and holder of
the O~iginal Easement by virtue of the above-referenced Assignment,
and
WHEREAS, Skylab Metal Manufacturing, Inc is the present owner
of real property described as Lot 1, Block I of Skyfab Addition, as
more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference; which real property is situated
wlthl~ the 30 acre tract of land described in the Original
Easement; and
WHEREAS, the City of Denton has received a request for the
vacation and abandonment of that portion of the Original Easement,
consisting of a certain 7.3522 acre tract of land, also legally
described as Lot 1, Block 1, Skyfab Addition, which is more
particularly described in Exhibit "A" attached hereto; and
WHEREAS, the Planning & Zoning Commission of the C~ty of
Denton, Texas reviewed the requested vacation and abandonment, and
recommended approval; and
Wq{EREAS, the Council of the City of Denton Texas has determined
that the portion of the right-of-way easement being abandoned and
vacated is no longer needed for public use; and
WHEREAS, the fair market value of the right-of-way 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 right-of-way easement described in Exhibit
"B", attached hereto and incorporated herein by reference, is
permanently abandoned, vacated and extinguished as a public
easement as it pertains to Lot 1, Block 1, Skyfab Addition to the
City of Denton, Denton County, Texas.
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 real
property as a public easement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~-~ day of ~~, 1997.
JA~/~ILLER, MAYOR
ATTESTs
JENNIFER WALTERS, CITY SECRETARY
BY: ~ ~/9---
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
"EXHIBIT A"
Lot 1, Block 1, Skyfab Add~tmn
ALL that certain lot, tract or parcel of land lying and being situated in the CRy and
County of Denton, State of Texas, in the A.E. Cannon Survey, Abstract Number 232,
and being all of Lot 1, Block 1, Sl~rfab Addition recorded in Cabinet G, Slide 29 of
the Plat Records of Denton Connty, Texas and being more particularly described as
follows:
BEGINNING for the northeast corner of the tract being described herein, said point
being the northwest corner of the Jay-Mar Addition as shown of record in Cabinet D,
Slide 289 of the Plat Records of Denton County, Texas;
THENCE South 04° 23' 19" East a distance of 1,456.49 feet to a point for corner;
THENCE South 84° 09' St" West a distance of 339.37 feet to a point for eoraer;
THENCE North 04° 23' 19" West a distance of 429.58 feet to a point for corner;
THENCE North 84° 07' 06" East a distance of 169.49 feet to a point for corner;
THENCE North 04° 23' 19" West a distance of 1,028.04 feet to a point for corner;
THENCE North 84° 35' 30" East, a distance of 169.86 feet to the POINT OF
BEGINNING and containing 7.3522 acres.
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EXHIBIT "B"
THE STATE OF TEXAS, } KNOW ALL MEN BY TI~E PRESENTS
COUNTY OF DEMTON
All that certain ~ao~ o~ pa~oel of land s~ed ~n ~he County
of Denton; $ta~o of Texas, a ~t of the A. E. Ca~on 6~O acre survey
on Hiokor2 CPeek, a ~rt of a 66 acre ~raot of land oonve2ed by M. L
Martin, and wife, ~o the grantor by deed ~ted PebP~P2 15, 191~,
co~ded in Vol. 2~, page 3~2, of the ~ed Records of ~nton Count2, ?ex-
as, and more ~lly described by metes and bounds as follows:
B~I~ at a point In the north line of said 66 aoPe t~aot
280 yamds east of the northwest oo~ne~ of said 66 acre tPaot;
THENCE West 280 ~rds ~o the northwest corner of said 66 acre
tPao t J
~CE South ~97 ~ds, mo~e.o~ less, to a stake fo~
the west li~o of said 66 ao~e tract,
~ENCE East M98 ~ds, mo~e o~ less, to crake rom ~Pnem;
~E=CE ~o~thwesterly 297 yards, mome om lass, ~o the place
be~i~i~, and eontaining 30 ac~es of land, more or less.
And bein~ the same land conveyed ~ A. ~. Stinson to L~ ~rlce
a~d husbamd, M. D. Pmice by deed daged ~uly 2~, 19~6, and shown of
record in Vol~e 338, page 8, o$ the ~ed Records of Dengon County, Tex~
The ooopemstive will pay the g~anto~ ~2.50 per pole om anchor
placed on the above described prope~tF when the poles o~ anchors
STATE OF TEXAS SINGLE ACKNOWLEDGMENT
COUNTy OF
hr. wife b6th
J~avtn~ b~n bnmlned
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In Volu~_~ptp ~q~ or the Deed _ as~r~ of DenOn ~untF
Return To
City Of Denton
Engmeenng & Transportation Dep~
221 North Elm Street
Denton, Texas 76201
Attention Roger N WHk~nson
[lled for Record zn:
DENTON COUNTY, TX
HONORABLE TZN HODGE$/COUNTY
CLERK
On A~g ~ 1997
~t lt:3~am
Doc/Nt~m : 97-R0058061
Doo/Txpe ~ Ok
~eeordlnq. 15 00
Doe/Mgmt · 6.00
Receipt #: 27250
D~put¥ - BRANDIE