1994-048~:\~PDOCS\ORD\VACATE.EAS
AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY EASEMENTS RECORDED IN
VOLUME 363, PAGE 522 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS,
VOLUME 363, PAGE 523 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS,
AND VOLUME 431, PAGE 387 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city of Denton has received a request from Bill
Coleman, on behalf of the Denton Independent School District, for
the abandonment of certain public utility easements; and
WHEREAS, the city Council of the city of Denton has determined
that the easements being vacated are no longer needed for public
use; and
WHEREAS, the fair market value of the easements has been
determined and received, as required by section 272.001 of the
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 portions of the sewer easements recorded in
Volume 363, Page 522 of the Deed Records of Denton County, Texas,
and Volume 363, Page 523 of the Deed Records of Denton County,
Texas, as described in Exhibit "A", attached hereto and incor-
porated herein by reference, are permanently vacated and extin-
guished as easements for sanitary sewer lines.
SECTION II. That the easement recorded in Volume 431, Page 387
of the Deed Records of Denton County, Texas, as described in
Exhibit "B", attached hereto and incorporated herein by reference,
is permanently vacated and extinguished as an easement for public
utilities.
SECTION III. That by reason of such vacation the city of
Denton's property interest in the easements shall be operation of
law, revert to the owner or owners abutting the easements herein
abandoned and the city of Denton releases any and all claims to the
use of the property as an easements for public utilities.
SECTION IV. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the~--day of /;C~ , 1994.
ATTEST: BOB CASTLEBE~Y,
JENNIFER WALTERS, CITY SECRETARY
AP ED AS TO LEGAL FO~:
A. D~YOVITCH, CITY ATTORNEY
PAGE 2
EXHIBIT ~
ALL that certain lot, tract or parcel of land lying and being
situated in the city and County of Denton, Texas in the Robert
Beaumont Survey, Abstract Number 31 and part of a tract described
by easement deeds from First State Bank of Denton, Texas to the
city of Denton, recorded in Volume 363, Page 522. of the Deed
Records of Denton County, Texas and from George C. Bishop and T.J.
Roady to the City of Denton, recorded in Volume 363, Page 523 of
the Deed Records of Denton County, Texas and being more
particularly described as follows:
COMMENCING at the intersection of the west line of Fulton Street
and the south line of Crescent Street, same being the northeast
corner of Lot 1, Block 13 of the Carroll Park Addition, Third
Filing, recorded in Volume 380, Page 321 of the Deed Records of
Denton County, Texas;
THENCE south along the west line of Fulton Street, a distance of
191 feet to the POINT OF BEGINNING, same point being 25 feet south
of the most easterly northeast corner of an 80 acre tract described
in a deed dated August 20, 1949, executed by Mrs. Addie Scripture,
Charline S. Rodgers, and James S. Rodgers, said deed being recorded
in Volume 352, Page 444 of the Deed Records of Denton County,
Texas;
THENCE south along the west line of Fulton Street a distance of 20
feet to a point for corner;
THENCE north 89° west a distance of 433 feet to a point for corner;
THENCE north 00° 30' east a distance of 209.03 feet to a point for
corner, said point lying on the south line of Crescent Street and
being the beginning of a non-tangent curve to the left whose
central angle is 03° 29' 07" and has a chord bearing and distance
of south 77° 51' 53" west, 15.14 feet;
THENCE southeasterly along said curve, same being the south line of
Crescent Street, an arc distance of 15.14 feet to a point for
corner;
THENCE south 00° 30' west a distance of 186.11 feet to a point for
corner;
THENCE south 89° east a distance of 418 feet to the POINT OF
BEGINNING and containing .26 acres of land.
EXHIBIT B
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
Robert Beaumont Survey, Abstract Number 31 and being all of a tract
described by easement deed from Denton Independent School District
to the City of Denton, recorded in Volume 431, Page 387 of the Deed
Records of Denton County, Texas and being more particularly
described as follows:
BEGINNING at a point 20 feet north of the northwest corner of Lot
1, Block 35 of Extension of High School Addition to city of Denton,
Texas, and said beginning point being the southwest corner of a
tract of land described in a deed from John M. Roady to Denton
Independent School District, of record in the Deed Records of
Denton County, Texas, said beginning point being 1202 feet west of
the west line of Fulton Street;
THENCE North 500 feet along the East line of Bryan Street, point
being the northwest corner of Denton Independent School District;
THENCE East along the north boundary line of said school property
600 feet for a point for corner;
THENCE South 10 feet for a point for corner;
THENCE West 590 feet for a point, point being 10 feet south and 10
feet east of the northwest corner of school property;
THENCE South 490 feet to the north line of a 20 foot alley which
alley lies immediately north of Block 35 of said extension of High
School Addition to the City of Denton;
THENCE West along the north line of said Alley 10 feet to the east
line of Bryan Street to the POINT OF BEGINNING.
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 which I am custodian, that:
the attached is a true and accurate copy of Ordinance No. 94-048 as approved
by the City of Denton City Council on March 22, 1994.
TO CERTIFY WHICH, witness my official signature and the
seal of said City, this the 25th day of M~r~h , 1994
.,~,,, ¢' , Texas
0469C