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1993-194E:\WPDOCS\ORD\CLARK.0 ORDINANCE NO. ~?3 ~ /y AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 1, BLOCK G, FORRESTRIDGE SECTION II, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS; ABANDONING A PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 752, PAGE 402, DEED RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for aban- donment of certain public utility easements from James S. Clark and wife, Kay C. Clark, the owner of certain property affected by said easements; 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 have been determined and received in the form of execution of a new utility easement granted upon the property from James S. Clark and wife, Kay C. Clark, to the City of Denton, 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 easements, as described in Exhibit "A", attached hereto and incorporated herein by reference, are perman- ently vacated and extinguished as easements for public utilities; provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment for the property so de- scribed in Tract II of Exhibit "A", a twenty foot (201) drainage easement as shown on the final plat of said property recorded at Cabinet I, page 151, Plat Records, Denton County, Texas. SECTION II. That by reason of such vacation the City of Denton's property interest in the easements shall by 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 easements for public utilities. SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of OY'6 , 1993. BOB CASTLEBERRY, MA R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED ASbTO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY : C~_~~~ "EXHIBIT A" TRACT I 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 A. Gibson Survey, Abstract Number 498 and being part of Lot 1, Block G of Forrestridge Section II, an addition to the City of Denton, recorded in Cabinet C, Page 12 of the Plat Records of Denton County, Texas and being more particularly described as follows: 'JBEING a 16' strip of land west of and adjacent to the east line of said Lot 1 as shown on said Forrestridge Section II plat. TRACT II 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 A. Gibson Survey, Abstract Number 498 and being all of that tract conveyed from Fort Worth Savings and Loan Association to the City of Denton by easement deed recorded in Volume 752, Page 402 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the southwest corner of Montecito Subdivision at a point in the south right-of-way line of El Paseo; THENCE south 000 32' 31" west a distance of 2354.81 feet to a point for corner in the north right-of-way line-of Ryan Road; THENCE south 890 20' 20" west with said Ryan Road a distance of 20 feet to a point for corner; THENCE north 000 32' 31" east 2354.78 feet to a point for corner; THENCE north 890 14' 33" east a distance of 20 feet to the POINT OF BEGINNING and containing 1.08 acres of land. AEE00291 .10 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON f~ J) 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. 93-194 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 . 'f1 tary y o enton, Texas s. II 0469C E:\WPDOCS\ORD\CLARK.O ORDINANCE NO. (?3-19q_ AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 1, BLOCK G, FORRESTRIDGE SECTION II, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS; ABANDONING A PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 752, PAGE 402, DEED RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for aban- donment of certain public utility easements from James S. Clark and wife, Kay C. Clark, the owner of certain property affected by said easements; 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 have been determined and received in the form of execution of a new utility easement granted upon the property from James S. Clark and wife, Kay C. Clark, to the City of Denton, 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 easements, as described in Exhibit "A", attached hereto and incorporated herein by reference, are perman- ently vacated and extinguished as easements for public utilities; provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment for the property so de- scribed in Tract II of Exhibit "A", a twenty foot (201) drainage easement as shown on the final plat of said property recorded at Cabinet I, page 151, Plat Records, Denton County, Texas. SECTION II. That by reason of such vacation the City of Denton's property interest in the easements shall by 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 easements for public utilities. SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the ~ day of D , 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROIED AS ItO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: "EXHIBIT A" TRACT I 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 A. Gibson Survey, Abstract Number 498 and being part of Lot 1, Block G of Forrestridge Section II, an addition to the City of Denton, recorded in Cabinet C, Page 12 of the Plat Records of Denton County, Texas and being more particularly described as follows: ',.BEING a 16' strip of land west of and adjacent to the east line of said Lot 1 as shown on said Forrestridge Section II plat. TRACT II 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 A. Gibson Survey, Abstract Number 498 and being all of that tract conveyed from Fort Worth Savings and Loan Association to the City of Denton by easement deed recorded in Volume 752, Page 402 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the southwest corner of Montecito Subdivision at a point in the south right-of-way line of E1 Paseo; THENCE south 000 32' 31" west a distance of 2354.81 feet to a point for corner in the north right-of-way line of Ryan Road; THENCE south 890 20' 2011 west with said Ryan Road a distance of 20 feet to a point for corner; THENCE north 000 32' 31" east 2354.78 feet to a point for corner; THENCE north 890 14' 33" east a distance of 20 feet to the POINT OF BEGINNING and containing 1.08 acres of land. AEE00291 IIETUIMI 'IM City of Denton ?15 I McKinnc'✓ Den LwO 1 X (0201 ATTN: Roder N. Wiik,-on f3EfURN T0: City I L"', 275 r. McKiDncy Penton, IX 7~~2t)1 d~T~9 Yo or N. WilkinWl f+NY PF•DVI OJH°BFIfiRJ'1 I+Lxc~u 1 Cp f:NGA NaY> INTHE DES Ni.A6 FCG`' INVAI ID AND UNENF UNiNP0N6[ACIEU:d9~NFLDtl^! tY.el. TMESTJOEDfTCXM ) GD DfNENTDN A Ipp F Ep,,4,asdUtdUttmPLCDdOG611Dp0kD00Cdac,IniLe ,thy RParflkd+nl4Y il+ Inlalnd?dUm °,0 a ea 4lwdamandt aom b.~nP~ 1Ymtt naYrv 9,.~;a1,on OKc!elSu011GNem(L ~'R_6 - Ot~ 01 1993 ~ i //ee~~55 S OUNYYDLENN ~ DF.M'fnN COI1NYY,TFMA6 Filed for Record in: DENTON COUNTY, TX HONORABLE TIM HODGES /COUNTY CLERK On 1993/12/01 At 3:43P Number: 93-ROO86503 Type : AFF 17.00