1993-118c:\ord\goldaban.o
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
THAT CERTAIN STREET RIGHT-OF-WAY EASEMENT ON APPROXIMATELY 0. 185
ACRE OF LAND LYING IN THE C. POULLALIER SURVEY, ABSTRACT NUMBER
1006, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A
TRACT OF LAND FROM ROBERT A. NICHOLS, ET AL TO ALAN GOLDFIELD, ET
UX, RECORDED IN VOLUME 2908, PAGE 534 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS; RESERVING A UTILITY EASEMENT THEREIN; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for abandonment of a
certain street right-of-way easement from Alan Goldfield, et ux,
owners of certain property affected by said right-of-way; and
WHEREAS, the City Council of the City of Denton has determined
that the right-of-way being vacated is no longer needed for street
usage; and
WHEREAS, the fair market value of the street right-of-way has
been determined and received as required by Tex. Loc. Gov't Code
Ann. § 272.001 (Vernon 1988) and Denton, Texas, Code ch. 2 art. IV.
(1991); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the street right-of-way easement on 0.185 acre
of land lying in the C. Poullalier Survey, Abstract Number 1006,
City of Denton, Denton County, Texas, described in attached Exhibit
"A" and being a part of the tract described in instruments recorded
in Volume 2908, Page 534 of the Real Property Records of Denton
County, Texas, is permanently vacated and extinguished as street
right-of-way for public use; provided, however, that there is here-
by expressly reserved and excepted from vacation and abandonment
for the property so described, a public utility easement for the
purpose of constructing, reconstructing, repairing, and maintaining
underground utility and drainage lines and facilities therein.
SECTION II. That by operation of law, the City of Denton's
property interest in the street right-of-way 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 property for public street usage.
SECTION III. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the day of
-6
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
n
``Z LLC A
BY:
1993.
Page 2
EXHIBIT "A"
FIELD NOTES to all that certain tract of land situated in the C.
Poullalier Survey Abstract Number 1006, Denton County, Texas and
being a part of the tract described in the deed from Robert A.
Nichols et al to Alan Goldfield et ux recorded in Volume 2908, Page
534 of the Real Property Records of Denton County, Texas; the
subject tract being the street right-of-way dedicated on the Plat
of the A. Goldfield Addition as recorded in Cabinet I, Page 67 of
the Plat Records of Denton County and more particularly described
by metes and bounds as follows:
BEGINNING for the southeast corner of the tract described herein,
at a one-half inch iron rod found at the northwest corner of Lot 1,
Block 2, Southmont Place as shown by the plat thereof recorded in
Cabinet C, Page 212 of the said plat records and being in the east
line of the said Goldfield tract, north 030 38' 24" west a distance
of 142.22 feet from the southeast corner thereof;
THENCE northwesterly with the arc of a curve to the left, having a
radius of 275.00 feet, an arc length of 17.14 feet (Chord bearing
north 690 13' 00" west a distance of 17.14 feet) to a one-half inch
iron rod set at the beginning of a curve to the right;
THENCE with the arc of the said curve, having a radius of 50.00
feet, an arc length of 261.65 feet (Chord bearing north 140 29' 39"
east a distance of 50.13 feet) to a one-half inch iron rod found in
the east line of the Goldfield tract at the southwest corner of Lot
7, Block 1, Southmont Subdivision as shown by the plat thereof
recorded in Cabinet B. Page 174 of the said plat records;
THENCE south 030 38' 24" east with the east line of the Goldfield
tract a distance of 54.73 feet to the Place of Beginning and
enclosing 0.185 of an acre of land.
AEE00015/60
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. 93-118
as approved by the City of Denton City Council on the 6th day of
July 1993.
TO CERTIFY !WHICH, witness my official signature and the
seal of said City, this the 13th day of July , 19 93
r
FY ,
ty cretary
ty o Denton, Texas
0469C
c:\ord\goldaban.o
NO. I I?
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
THAT CERTAIN STREET RIGHT-OF-WAY EASEMENT ON APPROXIMATELY 0. 185
ACRE OF LAND LYING IN THE C. POULLALIER SURVEY, ABSTRACT NUMBER
1006, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A
TRACT OF LAND FROM ROBERT A. NICHOLS, ET AL TO ALAN GOLDFIELD, ET
UX, RECORDED IN VOLUME 2908, PAGE 534 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS; RESERVING A UTILITY EASEMENT THEREIN; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for abandonment of a
certain street right-of-way easement from Alan Goldfield, et ux,
owners of certain property affected by said right-of-way; and
WHEREAS, the City Council of the City of Denton has determined
that the right-of-way being vacated is no longer needed for street
usage; and
WHEREAS, the fair market value of the street right-of-way has
been determined and received as required by Tex. Loc. Gov't Code
Ann. § 272.001 (Vernon 1988) and Denton, Texas, Code ch. 2 art. IV.
(1991); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the street right-of-way easement on 0.185 acre
of land lying in the C. Poullalier Survey, Abstract Number 1006,
City of Denton, Denton County, Texas, described in attached Exhibit
"A" and being a part of the tract described in instruments recorded
in Volume 2908, Page 534 of the Real Property Records of Denton
County, Texas, is permanently vacated and extinguished as street
right-of-way for public use; provided, however, that there is here-
by expressly reserved and excepted from vacation and abandonment
for the property so described, a public utility easement for the
purpose of constructing, reconstructing, repairing, and maintaining
underground utility and drainage lines and facilities therein.
SECTION II. That by operation of law, the City of Denton's
property interest in the street right-of-way 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 property for public street usage.
SECTION III. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the day of
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
1993.
Page 2
EXHIBIT "A"
FIELD NOTES to all that certain tract of land situated in the C.
Poullalier Survey Abstract Number 1006, Denton County, Texas and
being a part of the tract described in the deed from Robert A.
Nichols et al to Alan Goldfield et ux recorded in Volume 2908, Page
534 of the Real Property Records of Denton County, Texas; the
subject tract being the street right-of-way dedicated on the Plat
of the A. Goldfield Addition as recorded in Cabinet I. Page 67 of
the Plat Records of Denton County and more particularly described
by metes and bounds as follows:
BEGINNING for the southeast corner of the tract described herein,
at a one-half inch iron rod found at the northwest corner of Lot 1,
Block 2, Southmont Place as shown by the plat thereof recorded in
Cabinet C, Page 212 of the said plat records and being in the east
line of the said Goldfield tract, north 030 38' 24" west a distance
of 142.22 feet from the southeast corner thereof;
THENCE northwesterly with the arc of a curve to the left, having a
radius of 275.00 feet, an arc length of 17.14 feet (Chord bearing
north 690 13' 00" west a distance of 17.14 feet) to a one-half inch
iron rod set at the beginning of a curve to the right;
THENCE with the arc of the said curve, having a radius of 50.00
feet, an arc length of 261.65 feet (Chord bearing north 140 29' 39"
east a distance of 50.13 feet) to a one-half inch iron rod found in
the east line of the Goldfield tract at the southwest corner of Lot
7, Block 1, Southmont Subdivision as shown by the plat thereof
recorded in Cabinet B, Page 174 of the said plat records;
THENCE south 030 38' 24" east with the east line of the Goldfield
tract a distance of 54.73 feet to the Place of Beginning and
enclosing 0.185 of an acre of land.
AEE00015/60
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JUL 16 1993
OCUPITY MERK
G"`~l :m`
DENTON COUNTY, TEXAS
,4y rrrr.r,
Filed for Record ins
DENTON COUNTY, TX
HONORABLE TIM HODOES
/COUNTY CLERK
On 1993/07/16
At 31E7P
Numbers 93-R0047463
Type a MDO 15.00