1996-269AN ORDINANCEABANDONINGANDVACATING RIGHT-OF-WAY EASEMENTS IN THE
VICINITY OF AVENUE E, NORTH OF INTERSTATE HIGHWAY 35E AND SOUTH OF
EAGLE DRIVE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the C~ty of Denton has received a request for the
vacation and abandonment of certain right-of-way easements, and
W~EREAS, the Planning and Zoning Commission of the C~ty of
Denton, Texas reviewed the requested vacations and abandonments,
and recommended approval, and
WHEREAS, the Council of the City of Denton, Texas has deter-
mined that the right-of-way easements being partially vacated are
no longer needed for public use, and
WHEREAS, the fair market value of the r~ght-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
S~CTION I That the right-of-way easements described in
Exhibit A, attached hereto and incorporated herein by reference,
are permanently vacated and extinguished as public easements, 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 portions of said ease-
ments 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 port~on 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 ~~=~_, 1996
' JACk--
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FO~
HERBERT L PRO~Y, CITY ATTORNEY
/
PAGE 2
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being
s~tuated ~n the City and County of Denton, State of Texas in the
E Puchalski Survey, Abstract N~er 996 and being part of a
tract of land as conveyed from Thercn J Fouts and wife Leslie
Vann Fouts to the State of Texas by deed recorded in Volume 342,
Page 559 of the Deed Records of Denton County, Texas and being
all of a tract conveyed to the City of Denton by easement deed
recorded in Volume 2803, Page 549 of the Real Property Records of
Denton County, Texas for the purpose of constructing,
reconstructing, ~nstall~ng, repairing and perpetually maintaining
street and utility facilities.
ALL that certain lot, tract or parcel of land lying and being
s~tuated in the City and County of Denton, State of Texas ~n the
E Puchalski Survey, Abstract N--~er 996 and being all of a tract
of land abandoned by the City of Denton for road purposes but
reserved a utility easement for the purpose of constructing,
reconstructLng, repairing, and maintaining underground utility
lines and facilities by Ordinance 90-088 and recorded in Volume
2803, Page 544 of the Real Property Records of Denton Cottnty,
Texas.
ALL that certain lot, tract or parcel of land lying and bexng
situated in the City and County of Denton, State of Texas in the
E Puchalski Survey, Abstract~'-~er 996 and being part of a
tract of land conveyed to Betty K Millenot by Benny P Bearden
by deed recorded in Vol'me 350, Page 358 (V 412, P 426) of the
Deed Records of Denton County, Texas and also be all of a tract
conveyed to the City of Denton by easement deed recorded in
Volume 418, Page 474 of the Deed Records of Denton County, Texas
for the purpose of street, parkway, sidewalk and utilities.
"EXHIBIT A" continued
~T.T. that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas in the
E P~chalski Survey, Abstract N"-~er 996 end being part of a two
acre tract of land conveyed by Bess Bird et vir to T. R. Brooks
by deed recorded in Volume 187, Page 580 of the Deed Records of
Denton County, Texas and being all of a tract conveyed by North
Texas State College to the City of Denton by easement deed dated
July 13, 1957 and recorded under Clerk's file n,lm~er 3647 in the
Deed Records of Denton County, Texas for street purposes
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
E P~chalski Survey, Abstract N-m~er 996 and being a tract of
land extending south from the south right-of-way line of Eagle
Drive, bordered on the west by said North Texas State College to
the City of Denton (Clerk's file n--~er 3647) and bordered on the
east by saidMillenot to the City of Denton (Volume 418, Page
474) and bordered on the south by the north right-of-way line of
Interstate 35 East, said tract being the remainder street right-
of-way prescriptive or otherwise that was commonly known as
~Avenue E".
F ~.led for Recocd ~n'
~)EN~Otl COUNTY, TX
HONORABLE TIM HODGFS/COUNTY
CLERK
On Mar ~4 1097
At 2-55pm
Doc/Num - gT-k0018688
goe/Ty 3P . OR
Recorcllnq: 13 00
Doc/Mg~t : G 00
Rec, e~pt ~' 9250
Dep~ty - BRANDIE