1993-195E:\WPD0CS\0RD\8KEITH.0
ORDINANCE NO. / 3 -/9 3
AN ORDINANCE ABANDONING A PUBLIC UTILITY EASEMENT ON A TRACT OF
LAND BEING A PART OF THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, AND
BEING PART OF LOT NO. 1, BLOCK 1 OF THE SANTA FE ADDITION TO THE
CITY OF DENTON, DENTON COUNTY, TEXAS AND AS FURTHER DESCRIBED IN AN
EASEMENT FROM BEN E. KEITH COMPANY TO THE CITY OF DENTON, TEXAS
RECORDED AT VOL. 945, PAGE 606, REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for abandon-
ment of a certain public utility easement from William Coleman on
behalf of Ben E. Keith Beers, the owner of certain property af-
fected by said easement;
WHEREAS, the City Council of the City of Denton has determined
that the easement being abandoned is no longer needed for public
use; and
WHEREAS, the fair market value of the easement 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 the easement, as described in Exhibit A, at-
tached hereto and incorporated herein by reference, is permanently
abandoned and extinguished as a easement for public utilities.
SECTION II. That by reason of such abandonment 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 an easement for public utilities.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the / day of CQCA4 t _ , 1993.
TLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
'ED ASaO LEGAL CONTENT:
A. DRAYOVITCH, CITY ATTORNEY
BY:
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, and
being part of the E. Puchalski Survey, Abstract No. 996, and being
part of Lot No. 1, Block 1 of the Santa Fe Addition, an addition to
the City and County of Denton, and also being part of a tract of
land as conveyed from the Atchison, Topeka and Santa Fe Railway
Company to Ben E. Keith Company by deed dated March 18, 1977 and
recorded in Volume 826, Page 560 of the Deed Records of Denton
County, Texas, and more particularly described as follows:
COMMENCING at the southwest corner of said Lot No. 1, Block 1 of
the Santa Fe Addition;
THENCE north 220 32' west along the west boundary line of said
tract, a distance of 136.0 feet to a point for corner;
THENCE north 670 28' east a distance of 16.0 feet to the place of
beginning;
THENCE north 670 28' east a distance of 140 feet to a point for
corner;
THENCE south 220 32' east a distance of 16 feet to a point for
corner;
THENCE south 670 28' west a distance of 140 feet to a point for
corner;
THENCE north 220 32' west a distance of 16 feet to the place of
beginning.
AEE0028C/5
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
vtQ~.-11 " W
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. 93-195 as
approved by the City of Denton City Council on October 19, 1993.
TO CERTIFY WHICH, witness my official signature and the
seal of said City, this the 21St day of October , 19 93 .
r lty b retary
ity Denton, Texas
9
i
0469C
T
::=\uPDOCS\ORD\BKE ITH.O
ORDINANCE NO.
AN ORDINANCE ABANDONING A PUBLIC UTILITY EASEMENT ON A TRACT OF
LAND BEING A PART OF THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, AND
BEING PART OF LOT NO. 1, BLOCK 1 OF THE SANTA FE ADDITION TO THE
CITY OF DENTON, DENTON COUNTY, TEXAS AND AS FURTHER DESCRIBED IN AN
EASEMENT FROM BEN E. KEITH COMPANY TO THE CITY OF DENTON, TEXAS
RECORDED AT VOL. 945, PAGE 606, REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for abandon-
ment of a certain public utility easement from William Coleman on
behalf of Ben E. Keith Beers, the owner of certain property af-
fected by said easement;
WHEREAS, the City Council of the City of Denton has determined
that the easement being abandoned is no longer needed for public
use; and
WHEREAS, the fair market value of the easement 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 the easement, as described in Exhibit A, at-
tached hereto and incorporated herein by reference, is permanently
abandoned and extinguished as a easement for public utilities.
SECTION II. That by reason of such abandonment 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 an easement for public utilities.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of OcAti&t , 1993.
CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP ED AS /,TO LEGAL CONTENT:
DEB A. D YOVITCH, CITY ATTORNEY
BY:
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, and
being part of the E. Puchalski Survey, Abstract No. 996, and being
part of Lot No. 1, Block 1 of the Santa Fe Addition, an addition to
the City and County of Denton, and also being part of a tract of
land as conveyed from the Atchison, Topeka and Santa Fe Railway
Company to Ben E. Keith Company by deed dated March 18, 1977 and
recorded in Volume 826, Page 560 of the Deed Records of Denton
County, Texas, and more particularly described as follows:
COMMENCING at the southwest corner of said Lot No. 1, Block 1 of
the Santa Fe Addition;
THENCE north 220 32' west along the west boundary line of said
tract, a distance of 136.0 feet to a point for corner;
THENCE north 670 28' east a distance of 16.0 feet to the place of
beginning;
THENCE north 670 28' east a distance of 140 feet to a point for
corner;
THENCE south 220 32' east a distance of 16 feet to a point for
corner;
THENCE south 670 28' west a distance of 140 feet to a point for
corner;
THENCE north 220 32' west a distance of 16 feet to the place of
beginning.
AEE0028C/5
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ANY PROVISION HEREINNIHICH RESTS.If,'fCTHE S%aE,ROA .11 -*1l.
OF TFIE DESCRIBED PEAL PRI'?ERTV CECAlISF !1F tOL Ofl flAGt d
INVALIDANDUNENFOPCEADLEUNDLRIEDE A!I,AW-
THESTATEOFTE#AS
IOUNWTYOEf1..T'A~
theroaycer'y,yChUinatr:rmenitueaFfLE0lnthe"18NUIN'& udnfRon
the daW end ifia time etxmp0Q Iwthfn N,/ n..o; a:~C cas duly RECORDED, in l".z
OfilCASlPUh111O`::,tC401?"ai'r_°,n'.'~l, ^'.•,:'f mon
NOV 1 2 1993
s ,
S~
CLERK
DENTON COUNTY, TEXAS
Filed for Record in:
DENTON COUNTY, TX
HONORABLE TIM HODGES
/COUNTY CLERK
On 1993/11/12
At 9:20A
Number: 93-80081272
Type : MDO 17.00