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1995-088~:\WPDOCS\ORD\MARTIN.EAS ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A TWELVE (12) FOOT PUBLIC UTILITY EASEMENT LOCATED ON LOT 2-B, OF THE B.U.C., INC. SUBDIVISION, AS MORE PARTICULARLY DESCRIBED MERE- IN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for abandonment of a certain twelve (12) foot public utility easement from Zeke Martin, the owner of certain property affected by said easement; and WHEREAS, the City Council of the City of Denton has determined that the easement bein9 vacated is no longer needed for public use; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the twelve (12) foot public utility easement located on Lot 2-B, B.U.C., Inc. Subdivision, being more particu- larly described in Exhibit "A", attached hereto and incorporated herein by reference as if set forth at length, is abandoned and vacated; provided, however, that there is hereby expressly reserved the easement evidenced by a document executed by Zeke Martin on January 31, 1995, wherein an easement to accommodate the existing sewer line on the northwest portion of Lot 2-B, B.U.C., Inc. Subdivision was granted to the City of Denton. SECTION II. That by operation of law the City of Denton's property interest in the easement herein abandoned and vacated shall revert to the abutting property owner, whether one or more, and the City of Denton hereby releases all claims to the use of the easement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day of[~'~ ~, 1995. ATTEST: B OB~'~. JENNIFER WALTERS, CITY SECRETARY MIL~LAEL A. BUCEK, ACTING CITY ATTORNEY "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the Alexander Hill Survey, Abstract 623 and being part of tracts conveyed to ZB EAGLE PARTNERS, L.P. from Cecil F. Martin and wife, Betty Martin by deeds recorded as 93-36881 and 93-36882 in the Real Property Records of Denton County, Texas and also being a part of Lot 2-B as shown on the replat of the B.U.C. Inc. Subdivision, an addition to the City of Denton, filed in Cabinet B, Slide 87 of the Plat Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of said Lot 2-B; THENCE East along the north line of said Lot 2-B a distance of 16 feet to a point for corner; THENCE South 33° 41' 24" East a distance of 28.84 feet to a point for corner; THENCE South a distance of 151.04 feet to a point for corner, said point lying on the southwesterly line of said Lot 2-B and the northeasterly right-of-way of Interstate 35E; THENCE North 70° 29' West along said lines a distance of 12.73 feet to a point for corner; THENCE North a distance of 140.79 feet to a point for corner; THENCE North 33° 41' 24" West a distance of 36.06 feet to the POINT OF BEGINNING and containing 2183 square feet of land. CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF 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 Denton of which I am custodian, that: the attached is a true and accurate copy of Ordinance No. 95-088 as approved by the City of Denton City Council on April 18, 1995. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 21st day of April, 1995. ¥., ,., Secr ary City of D~nton, Texas ~ 5', ~ AMM00535 ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A~ANDONINGAND VACATING A TWELVE (12) FOOT PUBLIC UTILITY EASEMENT LOCATED ON LOT 2-B, OF THE B.U.C., INC. SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HERE- IN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for abandonment of a certain twelve (12) foot public utility easement from Zeke Martin, the owner of certain property affected by said easement; and WHEREAS, the City Council of the City of Denton has determined that the easement being vacated is no longer needed for public use; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the twelve (12) foot public utility easement located on Lot 2-B, B.U.C., Inc. Subdivision, being more particu- larly described in Exhibit "A", attached hereto and incorporated herein by reference as if set forth at length, is abandoned and vacated; provided, however, that there is hereby expressly reserved the easement evidenced by a document executed by Zeke Martin on January 31, 1995, wherein an easement to accommodate the existing sewer line on the northwest portion of Lot 2-B, B.U.C., Inc. Subdivision was granted to the City of Denton. SECTION II. That by operation of law the City of Denton's property interest in the easement herein abandoned and vacated shall revert to the abutting property owner, whether one or more, and the City of Denton hereby releases all claims to the use of the easement. SECTION III. That this ordinance shall become effective immediately upon its passage and approva~. PASSED AND APPROVED this the/~day of ~, 1995.'~ BOB CASTLEBERRY, ~OR~ ATTEST: / JENNIFER WALTERS, CITY SECRETARY 215 E. McKinney Denton. TX 76201 AP ED TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY AT,N: Re&er N. Wilkinson "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the Alexander Hill Survey, Abstract 623 and being part of tracts conveyed to ZB EAGLE PARTNERS, L.P. from Cecil F. Martin and wife, Betty Martin by deeds recorded as 93-36881 and 93-36882 in the Real Property Records of Denton County, Texas and also being a part of Lot 2-B as shown on the replat of the B.U.C. Inc. Subdivision, an addition to the City of Denton, filed in Cabinet B, Slide 87 of the Plat Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of said Lot 2-B; THENCE East along the north line of said Lot 2-B a distance of 16 feet to a point for corner; THENCE South 33© 41' 24" East a distance of 28.84 feet to a point for corner; THENCE South a distance of 151.04 feet to a point for corner, said point lying on the southwesterly line of said Lot 2-B and the northeasterly right-of-way of Interstate 35E; THENCE North 70© 29' West along said lines a distance of 12.73 feet to a point for corner; THENCE North a distance of 140.79 feet to a point for corner; THENCE North 33© 41' 24" West a distance of 36.06 feet to the POINT OF BEGINNING and containing 2183 square feet of land. t NVAUD AN 0 UN ENFOR~L~ U~ll~$~n~' ~[IURN lC City of Denton Denton. TX 76~01 A~ Roser N. Wilkinson APR 2 ? 1995 Filed for Record in: DENTON COUNTY. TX HONORABLE TIM'NODGES/COUNTY CLERK On Apr 27 1995 At 10:52am Doc/Num : 95-R0024399 Doc/Ty~e : OR Recording: 9.00 Doc/Mgmt : 6.00 Receipt ~: 11397 Deputy - BRANDIE