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1994-202j~\wpdocs\ord\mcdonnel.Ord o,,,,,-,,,ANc,, ,,o. 9¢- AN ORDINANCE VACATING A CERTAIN SIXTEEN FOOT WIDE SANITARY SEWER EASEMENT, BEGINNING ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426) APPROXIMATELY 920 FEET EAST OF GLENGARY WAY, MEASURED ALONG THE FRONTAGE OF MCKINNEY STREET, AND PROCEEDING SOUTHWESTERLY, AS RECORDED IN VOLUME 695, PAGE 350 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton has received a request from Jesse Lawrence for the abandonment of a certain sanitary sewer easement; and WHEREAS, the city Council of the city of Denton has determined that the sanitary sewer easement being vacated is no longer needed for public use; and WHEREAS, the fair market value of the sanitary sewer 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: SECTION I. That the sanitary sewer easement recorded in Volume 695, Page 350 of the Deed Records of Denton County, Texas, as described in Exhibit "A", attached hereto and incorporated herein by reference, is permanently vacated and extinguished as a public easement. SECTION II. That by reason of such vacation the City of Denton's property interest in the easement 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 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 ~, 1994. BOB CASTLEBERRY, MAYOR/ / ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY / PAGE 2 "EXHIBIT A" 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 Gideon Walker Survey, Abstract Number 1330 and the Moreau Forrest Survey, Abstract Number 417 and being part of a 590.591 acre tract located on the south side of F.M. 426 as referenced in the sanitary sewer easement deed from Henry S. Miller Company, Trustee to the city of Denton recorded in Volume 695, Page 350 of the Deed Records of Denton County, Texas and being more particularly described as follows~ BEING the centerline description of a 16' wide sanitary sewer easement to the City of Denton, recorded in Volume 695, Page 350 D.R.D.C.T., the reference point of this description is the intersection of the east line of said 590.591 acre tract with the southwest line of F.M. 426; DEPART said reference point with a circular curve to the right having a central angle of 18" 30' and a radius of 1086.98 feet, a distance of 350.97 feet to an angle point; THENCE north 40° 35' west a distance of 1355.1 feet to an angle point; THENCE north 41" 12' west a distance of 617 feet to an angle point; THENCE north 47° 43' west a distance of 92.4 feet to an angle point; THENCE north 52" 12' west a distance of 87.4 feet to an angle point; THENCE north 54" 58' west a distance of 304 feet to a point in the southwest line of F.M. 426 and the POINT OF BEGINNING of this description; THENCE south 35° 02' west a distance of 764.82 feet to a point of curvature; THENCE with a circular curve to the right having a central angle of 32° 00' and a radius of 550 feet a distance of 307.18 feet to a point of tangency; THENCE south 22° 58' east a distance of 61.96 feet to a point of curvature; THENCE with a circular curve to the right having a central angle of 27° 00' and a radius 450 feet, a distance of 212.06 feet to a point of tangency; THENCE south 04° 02' west a distance of 616.37 feet to a point of curvature; THENCE with a circular curve to the left having a central angle of 33° 38' and a radius of 400 feet a distance of 234.80 feet to a point of tangency; THENCE south 54° 02' west a distance of 615 feet to a point for corner; THENCE north 69~ 11' west a distance of 1276.80 feet to a angle point; THENCE south 87° 10' west a distance of 103 feet more or less to a point in the City of Denton east property line for the end of the easement; pRrlprls£11 EAS£HCNT ABAND~M£NT CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNT 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. 94-202, as approved by the City of Denton city Council on November 1, 1994. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 18th day of November, 1994. · ~L ;. : city of Denton, Texas AMM00535 AN ORDINANCE VACATING A CERTAIN SIXTEEN FOOT WIDE SANITARY SEWER EASEMENT, BEGINNING ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426) APPROXIMATELY 920 FEET EAST OF GLENGARY WAY, MEASURED ALONG THE FRONTAGE OF MCKINNEY STREET, AND PROCEEDING SOUTHWESTERLY, AS RECORDED IN VOLUME 695, PAGE 350 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Jesse Lawrence for the abandonment of a certain sanitary sewer easement; and WHEREAS, the city Council of the City of Denton has determined that the sanitary sewer easement being vacated is no longer needed for public use; and WHEREAS, the fair market value of the sanitary sewer 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: SECTION I. That the sanitary sewer easement recorded in Volume 695, Page 350 of the Deed Records of Denton County, Texas, as described in Exhibit "A", attached hereto and incorporated herein by reference, is permanently vacated and extinguished as a public easement. SECTION Ii. That by reason of such vacation the City of Denton's property interest in the easement 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 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 l~7- day of ~~_, 1994. BOB CASTLEBERRY, MAYOR/ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APP D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY / "EXHIBIT A" 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 Gideon Walker Survey, Abstract Number 1330 and the Moreau Forrest Survey, Abstract Number 417 and being part of a 590.591 acre tract located on the south side of F.M. 426 as referenced in the sanitary sewer easement deed from Henry S. Miller Company, Trustee to the City of Denton recorded in volume 695, Page 350 of the Deed Records of Denton County, Texas and being more particularly described as follows~ BEING the centerline description of a 16' wide sanitary sewer easement to the City of Denton, recorded in Volume 695, Page 350 D.R.D.C.T., the reference point of this description is the intersection of the east line of said 590.591 acre tract with the southwest line of F.M. 426; DEPART said reference point with a circular curve to the right having a central angle of 18° 30' and a radius of 1086.98 feet, a distance of 350.97 feet to an angle point; THENCE north 40° 35' west a distance of 1355.1 feet to an angle point; THENCE north 41° 12' west a distance of 617 feet to an angle point; THENCE north 47° 43' west a distance of 92.4 feet to an angle point; THENCE north 52" 12' west a distance of 87.4 feet to an angle point; THENCE north 54" 58' west a distance of 304 feet to a point in the southwest line of F.M. 426 and the POINT OF BEGINNING of this description; THENCE south 35" 02' west a distance of 764.82 feet to a point of curvature; THENCE with a circular curve to the right having a central angle of 32° 00' and a radius of 550 feet a distance of 307.18 feet to a point of tangency; THENCE south 22° 58' east a distance of 61.96 feet to a point of curvature; THENCE with a circular curve to the right having a central angle of 27" 00' and a radius 450 feet, a distance of 212.06 feet to a point of tangency; THENCE south 04° 02' west a distance of 616.37 feet to a point of curvature; THENCE with a circular curve to the left having a central angle of 33" 38' and a radius of 400 feet a distance of 234.80 feet to a point of tangency; THENCE south 54~ 02' west a distance of 615 feet to a point for corner; THENCE north 69° 11' west a distance of 1276.80 feet to a angle point; THENCE south 87" 10' west a distance of 103 feet more or less to a point in the City of Denton east property line for the end of the easement; LN3HNDGNV~V IN3H3S~'J