1996-100 ORDINANCE NO [O O
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 from Don
Allen 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 abandonments and recommended
approval, and
WHEREAS, the Council of the C~ty of Denton, Texas has
determined that the public utility and drainage easements being
partially vacated are no longer needed for public use, and
WHEREAS, the fair market value of the public utility and
drainage easements have 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 those portions of the public utility and
drainage easements described in Exhibits .A-l" and "A-2", attached
hereto and ~ncorporated here~n by reference, and recorded an volume
1686, Pages 0852 and 0858 of the Real Property Records of Denton
County, Texas, are permanently vacated and extinguished as public
easements, to the extent described ~n sa~d exhibits
SECTION II That by reason of such vacation the City of
Denton's property interest in the vacated portions of sa~d ease-
ments shall, by operation of law, revert to the owner or owners
abutting the easements herein abandoned, and the C~ty of Denton
releases any and all claims to the use of the vacated portions of
said property as public easements
SECTION III That thls ordinance shall become effective immed-
iately upon ~ts passage and approval
PASSED AND APPROVED th~s the l~day of ~ , 199~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT "A-I"
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 AND
RECORDED IN VOLUME 1686, PAGE 85~- OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER,
BEING THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO
CENTENNIAL HOMES, INC, DBA TRENDMAKER HOMES, DESCRIBED IN COUNTY CLERKS
FILE NO 94-0003327, OF SAID DEED RECORDS, ALSO BEING THE NORTHEAST CORNER
OF THAT CERTAIN 50 ACRE TRACT AS DESCRIBED IN DEED TO HERSMAN DEVELOPEMENT
CORPORATION, RECORDED IN VOLUME 3453, PAGE 847, OF SAID DEED RECORDS,
THENCE S 88°43'53" W, ALONG THE NORTH LINE OF SAID HERSMAN DEVELOPMENT
TRACT AND THE SOUTH LINE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF
1011 97 FEET TO A POINT FOR CORNER,
THENCE N 04°44'25" E, OVER AND ACROSS SAID CENTENNIAL HOMES TRACT A DISTANCE
OF 27 56 FEET TO THE POINT OF BEGINNING,
THENCE N 04044'25" E, A DISTANCE OF 25 84 FEET TO A POINT FOR CORNER,
THENCE N 43o00'57'' E, A DISTANCE OF 162 51 FEET TO A POINT FOR CORNER,
THENCE N 88043'39'' E, A DISTANCE OF 140 69 FEET TO A POINT FOR CORNER,
THENCE S 01°20'11" E, A DISTANCE OF 16 00 FEET TO A POINT FOR CORNER,
THENCE S 88043'39'' W, A DISTANCE OF 133 96 FEET TO A POINT FOR CORNER,
THENCE S 43°00'57" W, A DISTANCE OF 176 06 FEET TO A POINT FOR CORNER, TO THE
POINT OF BEGINNING, AND CONTAINING 0 113 ACRES OF LAND, MORE OR LESS
F \JOB\SLD\93328101\SDATA\281EX4A1 FNS
SHEET 1 OF 2
-'-' v 7-4 $¢'
EXHIBIT "A-2"
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 AND
RECORDED IN VOLUME 1686, PAGE 858 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER,
BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO
CENTENNIAL HOMES INC, DBA TRENDMAKER HOMES, AS DESCRIBED IN DEED
RECORDED IN COUNTY CLERKS FILE NO 94-0003327, OF SAID DEED RECORDS, ALSO
BEING THE SOUTHEAST CORNER OF THAT CERTAIN RIGHT-OF-WAY EASEMENT
DESCRIBED TO DENTON COUNTY, AS RECORDED IN VOLUME 333, PAGE 19, SAID DEED
RECORDS,
THENCE S 88*39'49" W, ALONG THE NORTH LINE OF SAID CENTENNIAL HOMES, ALSO
BEING THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO
CHARLES W McNEILL AND WIFE, AS RECORDED IN VOLUME 477, PAGE 604, OF SAID
DEED RECORDS, A DISTANCE OF 978 88 FEET TO A POINT FOR CORNER,
THENCE S 01'20'11" E, LEAVING SAID NORTH LINE, A DISTANCE OF 1~31 43 FEET TO A
POINT FOR CORNER, FOR THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275 00 FEET, A DELTA
ANGLE OF 03'16'18", A LONG CHORD THAT BEARS N 82°40'40" E A DISTANCE OF 15 70
FEET, AN ARC DISTANCE OF 15 70 FEET TO A POINT FOR CORNER,
THENCE S 05'41'11" E, A DISTANCE OF 30 21 FEET TO THE POINT OF BEGINNING,
THENCE S 82'38'13" E, A DISTANCE OF 17 24 FEET TO A POINT FOR CORNER,
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 299 50 FEET, A DELTA
ANGLE OF 41'22'06", A LONG CHORD THAT BEARS S 61°57'10" E A DISTANCE OF 211 58
FEET, AN ARC DISTANCE OF 216 24 FEET TO A POINT FOR CORNER,
THENCE S 41°16'07" E, A DISTANCE OF 89 88 FEET TO A POINT FOR CORNER,
THENCE S 01°20'11" E, A DISTANCE OF 24 94 FEET TO A POINT FOR CORNER,
THENCE N 41 '16'07" W, A DISTANCE OF 109 00 FEET TO A POINT FOR COR~ER,
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 283 50 FEET, A DELTA
ANGLE OF 41 *22'06", A LONG CHORD THAT BEARS N 61'57'10" W A DISTANCE OF 200 27
FEET, AN ARC DISTANCE OF 204 69 FEET TO A POINT FOR CORNER,
THENCE N 82'38'13" W, A DISTANCE OF 13 53 FEET TO A POINT FOR CORNER,
THENCE N 05°41'11" W, A DISTANCE OF 16 43 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 0 120 ACRES OF LAND, MORE OR LESS
BLOCK
JOHN McGOWEN SURVEY
ABSTRACT NO 797
CERT?FIC/~TE OF CITY SECRETLY
0 1 4; 9
THE BT/~TE OF TE~
COUNTY OF DE~ON
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 Denton of which I am custodian, that
the attaohed is a true and accurate copy of Ordinance No. 96-100 as
approved by the City of Denton City Council on April 16, 1996.
TO CERTIFY WHICH, wltness my official signature and the seal of
said City, this the 4th day of May, 1996.
Cl~ Secr~ary
~ C~ of Denton, Texas
AMM00535
ORDINANCE NO q --[Oo
AN ORDINAiqCE PARTIALLY VACATING CERTAIN PUBLIC UTILITYANDDRAINAGE
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 from Don
Allen for the partial abandonment of certain publmc utml~ty and
dramnage easements, and
WHEREAS, the Planning and Zoning Commmssmon of the City of
Denton, Texas revmewed the requested abandonments and recommended
approval; and
WHEREAS, the Council of the C~ty of Denton, Texas has
determined that the public utility and drainage easements being
partmally vacated are no longer needed for publmc use, and
WHEREAS, the fair market value of the public utility and
dramnage easements have been determmned 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
~ That those portions of the public utility and
drainage easements described in Exh~bmts "A-I" and "A-2", attached
hereto and incorporated herexn by reference, and recorded in Volume
1686, Pages 0852 and 0858 of the Real Property Records of Denton
County, Texas, are permanently vacated and extinguished as public
easements, to the extent described zn sa~d exh~bzts
SECTION II That by reason of such vacation the C~ty of
Denton's property interest in the vacated portions of said ease-
ments shall, by operation of law, revert to the owner or owners
abuttlng the easements herein abandoned, and the Cmty of Denton
releases any and all claims to the use of the vacated portions of
said property as public easements
~ That this ordlnance shall become effective immed-
iately upon 1ts passage and approval
PASSED AND APPROVED th~s the ;~day of ~~/ , 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORMEY
PAGE
EXHIBIT "A-1"
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 AND
RECORDED IN VOLUME 1686, PAGE 852 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING AT A 8/8" IRON ROD CAPPED 'CARTER & BURGESS" SET FOR CORNER,
BEING THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO
CENTENNIAL HOMES, INC, DBA TRENDMAKER HOMES, DESCRIBED IN COUNTY CLERKS
FILE NO 94-0003327, OF SAID DEED RECORDS, ALSO BEING THE NORTHEAST CORNER
OF THAT CERTAIN 50 ACRE TRACT AS DESCRIBED IN DEED TO HERSMAN DEVELOPEMENT
CORPORATION, RECORDED IN VOLUME 34,53, PAGE 847, OF SAID DEED RECORDS,
THENCE S 88°43',5.3" W, ALONG THE NORTH LINE OF SAID HERSMAN DEVELOPMENT
TRACT AND THE SOUTH LINE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF
1011 97 FEET TO A POINT FOR CORNER,
THENCE N 04°44'~)5' E, OVER AND ACROSS SAID CENTENNIAL HOMES TRACT A DISTANCE
OF 27 56 FEET TO THE POINT OF BEGINNING,
THENCE N 04°44'25- E, A DISTANCE OF 25 84 FEET TO A POINT FOR CORNER,
THENCE N 43°00'57" E, A DISTANCE OF 162 51 FEET TO A POINT FOR CORNER,
THENCE N 88°43'39" E, A DISTANCE OF 140 69 FEET TO A POINT FOR CORNER,
THENCE S 0t°20'11- E, A DISTANCE OF 16 O0 FEET TO A POINT FOR CORNER,
THENCE S 88°43'39' W, A DISTANCE OF 133 96 FEET TO A POINT FOR CORNER,
THENCE S 43°00'57" W, A DISTANCE OF 176 06 FEET TO A POINT FOR CORNER, TO THE
POINT OF BEGINNING, AND CONTAINING 0 113 ACRES OF LAND, MORE OR LESS
F \JOB\SLD\93328101\SDATA\281EX4A1 FNS
SHEET 1 OF 2
EXHIBIT "A 2"
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 AND
RECORDED IN VOLUME 1686, PAGE 858 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER,
BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO
CENTENNIAL HOMES INC, DBA TRENDMAKER HOMES, AS DESCRIBED IN DEED
RECORDED IN COUNTY CLERKS FILE NO 94~3003327, OF SAID DEED RECORDS, ALSO
BEING THE SOUTHEAST CORNER OF THAT CERTAIN RIGHT-OF-WAY EASEMENT
DESCRIBED TO DENTON COUNTY, AS RECORDED IN VOLUME 333, PAGE 19, SAID DEED
RECORDS,
THENCE S 88°39'49" W, ALONG THE NORTH LINE OF SAID CENTENNIAL HOMES, ALSO
BEING THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO
CHARLES W McNEILL AND WIFE, AS RECORDED IN VOLUME 477, PAGE 604, OF SAID
DEED RECORDS, A DISTANCE OF 978 88 FEET TO A POINT FOR CORNER,
THENCE S 01°20'11" E, LEAVING SAID NORTH LINE, A DISTANCE OF 131 43 FEET TO A
POINT FOR CORNER, FOR THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275 00 FEET, A DELTA
ANGLE OF 03°16'18", A LONG CHORD THAT BEARS N 82°40'40" E A DISTANCE OF 15 70
FEET, AN ARC DISTANCE OF 15 70 FEET TO A POINT FOR CORNER,
THENCE S 05°41'11" E, A DISTANCE OF 30 21 FEET TO THE POINT OF BEGINNING,
THENCE S 82"38'13" E, A DISTANCE OF 17 24 FEET TO A POINT FOR CORNER,
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 299 50 FEET, A DELTA
ANGLE OF 41°22'06", A LONG CHORD THAT BEARS S 61°57'10" E A DISTANCE OF 211 58
FEET, AN ARC DISTANCE OF 216 24 FEET TO A POINT FOR CORNER,
THENCE S 41°16'07" E, A DISTANCE OF 89 88 FEET TO A POINT FOR CORNER,
THENCE S 01°20'11- E, A DISTANCE OF 24 94 FEET TO A POINT FOR CORNER,
THENCE N 41°16'07" W, A DISTANCE OF 109 00 FEET TO A POINT FOR CORI~ER,
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 283 50 FEET, A DELTA
ANGLE OF 41°22'06", A LONG CHORD THAT BEARS N 61°57'10" W A DISTANCE OF 200 27
FEET, AN ARC DISTANCE OF 204 69 FEET TO A POINT FOR CORNER,
THENCE N 82°38'13" W, A DISTANCE OF 13 53 FEET TO A POINT FOR CORNER,
THENCE' N 05"41'11" W, A DISTANCE OF 16 43 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 0 120 ACRES OF LAND, MORE OR LESS
i i PO(' A-Z
TATES ~ 7
JOHN McGOWEN SURVEY
ABSTRACT NO 797 ~ H , ~
,*~ o5/16/15 EXHIBIT B
PARTIAL [ASEMENT ABANDONMENT I
Return To
nity Of Denton
~li.n,eer.!ng_& Tr.ans.portaUon DepL
1 Nor~fl Elm Street
Denton, Texas 76201
Attenbon Roger N Wdk~nson
~AAY 1 0 1996
~ENTON COUNTY ~ ~ ~ ~
DCNTON COLJN~ Y~
HONOR~GLF TIM HO~i~E%/COUN~Y
CLEEK
(In May 10 1996
Ab 3:49pm
Doo/Num ' 96-K0032429
Doc/lyBe . OR
Keoo~d~nq: 17.00
Doc/Mgmt : 6 00
Receipt ~: 14900
Deputy - BNANDIL