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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