1993-039::\WPD0CS\W0RK\MINTER.0RD
ORDINANCE NO. 93 -03 9
AN ORDINANCE VACATING DRAINAGE AND PUBLIC UTILITY EASEMENTS IN LOT
2, BLOCK A, MINTER ADDITION REPLAT TO THE CITY OF DENTON, DENTON
COUNTY TEXAS; AND DECLARING AN EFFECTIVE DATE.
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 de-
termined 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 easements, listed as follows and more
particularly described in attached Exhibit A which is incorporated
by reference and made a part hereof, are permanently vacated and
extinguished as easements for public utilities:
1. a seventy-five foot (751) drainage easement recorded
at Volume 485, Page 642, Deed Records, Denton County,
Texas;
2. a fifty foot (501) drainage easement recorded at Vol-
ume 2252, Page 523, Real Property Records, Denton County,
Texas;
3. a one hundred foot (1001) drainage easement recorded
at Volume 2252, Page 525, Real Property Records, Denton
County, Texas;
4. a sixty foot (601) drainage easement recorded at Vol-
ume 604, Page 246, Deed Records, Denton County, Texas;
5. a fifteen foot (151) electric easement recorded at
Volume 406, Page 331, Deed Records, Denton County, Texas;
6. a twenty foot (201) general utility easement recorded at
Volume 603, Page 527, Deed Records, Denton County, Texas.
7. a twenty foot (201) sanitary sewer easement recorded
at Volume 384, Page 399, Deed Records, Denton County,
Texas, save and except portions of said easement which
are specifically described in Exhibit A;
8. a twenty foot (201) general utility easement recorded
at Volume 602, Page 668, Deed Records, Denton County,
Texas, save and except portions of said easement which
are specifically described in Exhibit A; and
SECTION II. That by reason of such vacation the City of
Denton's property interests 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 properties as easements for public utilities save and
except any interests which are reserved in attached Exhibit A.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the%110 day of , 1993.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .J QXiti~
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: r
11~"
Page 2
"EXHIBIT All
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
J. Brock Survey, Abstract Number 55 and the H. Cisco Survey,
Abstract Number 1184 and all of those tracts of land conveyed to
the City of Denton from H.M. Pitner and wife, Marjorie Pitner by
easement deed dated September 22, 1962 and recorded in Volume 485,
Page 642 of the Deed Records of Denton County, Texas for the
purpose of constructing, re-constructing and perpetually
maintaining an open drainage channel.
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from Marjorie Neelley Pitner,
Patricia Pitner Kelsoe and Linda Pitner Riley by easement deed
dated September 25, 1987 and recorded in Volume 2252, Page 523 of
the Real Property Records of Denton County, Texas for the purpose
of constructing, installing, repairing, and perpetually maintaining
drainage facilities.
TRACT III
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from Marjorie Neelley Pitner,
Patricia Pitner Kelsoe and Linda Pitner Riley by easement deed
recorded in Volume 2252, Page 525 of the Real Property Records of
Denton County, Texas for the purpose of constructing, installing,
repairing, and perpetually maintaining drainage facilities.
TRACT IV
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
W. Teague Survey, Abstract Number 1266 and J. Brock Survey,
Abstract Number 55 and being all of the tract conveyed to the City
of Denton from Esther Richards by easement deed recorded in Volume
604, Page 246 of the Deed Records of Denton County, Texas for the
purpose of constructing, installing, repairing, and perpetually
maintaining drainage facilities.
TRACT V
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from H.M. Pitner by easement deed
dated December 31, 1954 and recorded in Volume 406, Page 331 of the
Deed Records of Denton County, Texas for the purpose of
constructing, installing, repairing, and perpetually maintaining an
electric power line.
TRACT VI
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from H.M. Pitner by easement deed
recorded in Volume 603, Page 527 of the Deed Records of Denton
County, Texas for the purpose of constructing, installing,
repairing, and perpetually maintaining public utilities.
TRACT VII
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from H.M. Pitner and J.M. Pitner by
easement deed dated November 13, 1952 and recorded in Volume 384,
Page 399 of the Deed Records of Denton County, Texas for the
purpose of constructing, installing, repairing, and perpetually
maintaining a sanitary sewer line.
SAVE & EXCEPT the following:
COMMENCING at the most northerly southeast corner of Lot 2, Block
A of the Final Replat of the Minter Addition, Lots 1, 21 3, and 4,
Block A. Plat Records of Denton County, Texas, same being a point
on the west right-of-way of Woodrow Lane;
THENCE north 070 07' 01" west along the west right-of-way line of
Woodrow Lane and the most northerly east line of said Lot 2 a
distance of 64.90 feet to the POINT OF BEGINNING;
THENCE north 880 52' 20" west a distance of 507.40 feet to a point
for corner, said point also being the most southerly corner of a
16' private sanitary sewer easement, as shown on said Minter
Addition Replat;
THENCE north 080 07' 03" east along the southeast line of said 16'
private sanitary sewer easement a distance of 20.15 feet to a point
for corner;
THENCE south 880 52' 20" east a distance of 502.05 feet to a point
for corner, said point lying on the west right-of-way line of
Woodrow Lane and the most northerly east line of said Lot 2;
THENCE south 070 07' 01" east along said lines a distance of 20.21
feet to the POINT OF BEGINNING and containing 10,094 square feet of
land.
TRACT VIII
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from Esther Richards by easement
deed dated May 30, 1970 and recorded in Volume 602, Page 668 of the
Deed Records of Denton County, Texas for the purpose of
constructing, installing, repairing, and perpetually maintaining
public utilities.
SAVE & EXCEPT the following:
COMMENCING at the northeast corner of a 0.110 acre tract dedicated
as additional right-of-way of Morse Street, as shown on the Final
Replat of the Minter Addition, Lots 1, 21 3, & 4, Block A. Plat
Records of Denton County, Texas;
THENCE north 650 58' 17" west along the new north right-of-way line
of Morse Street, as shown on said Minter Addition Replat, a
distance of 121.68 feet to the POINT OF BEGINNING;
THENCE north 650 58' 17" west continuing along the new north right-
of-way line of Morse Street, as shown on said Minter Addition
Replat, a distance of 21.70 feet to a point for corner;
THENCE north 010 13' 37" east a distance of 394.65 feet to a point
for corner, said point also being on the south line of a 20'
sanitary sewer easement as shown on said Minter Addition Replat;
THENCE south 790 04' 24" east along the south line of said 20'
sanitary sewer easement a distance of 20.29 feet to a point for
corner;
THENCE south 010 13' 37" west a distance of 399.64 feet to the
POINT OF BEGINNING and containing 7,944 square feet of land.
AEE00015
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. 93-039 as
approved by the City of Denton City Council on March 2, 1993.
TO CERTIFY WHICH, witness my official signature and the
seal of said City, this the 3rd day of March 9 19 23-~6636M -
1 e etary
Ci of nton, Texas
0469C
E:\WPD0CS\W0RK\MINTER.0RD
ORDINANCE NO.
AN ORDINANCE VACATING DRAINAGE AND PUBLIC UTILITY EASEMENTS IN LOT
2, BLOCK A, MINTER ADDITION REPLAT TO THE CITY OF DENTON, DENTON
COUNTY TEXAS; AND DECLARING AN EFFECTIVE DATE.
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 de-
termined 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 easements, listed as follows and more
particularly described in attached Exhibit A which is incorporated
by reference and made a part hereof, are permanently vacated and
extinguished as easements for public utilities:
1. a seventy-five foot (751) drainage easement recorded
at Volume 485, Page 642, Deed Records, Denton County,
Texas;
2. a fifty foot (501) drainage easement recorded at Vol-
ume 2252, Page 523, Real Property Records, Denton County,
Texas;
3. a one hundred foot (1001) drainage easement recorded
at Volume 2252, Page 525, Real Property Records, Denton
County, Texas;
4. a sixty foot (601) drainage easement recorded at Vol-
ume 604, Page 246, Deed Records, Denton County, Texas;
5. a fifteen foot (151) electric easement recorded at
Volume 406, Page 331, Deed Records, Denton County, Texas;
6. a twenty foot (201) general utility easement recorded at
Volume 603, Page 527, Deed Records, Denton County, Texas.
7. a twenty foot (201) sanitary sewer easement recorded
at Volume 384, Page 399, Deed Records, Denton County,
Texas, save and except portions of said easement which
are specifically described in Exhibit A;
8. a twenty foot (201) general utility easement recorded
at Volume 602, Page 668, Deed Records, Denton County,
Texas, save and except portions of said easement which
are specifically described in Exhibit A; and
SECTION II. That by reason of such vacation the City of
Denton's property interests 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 properties as easements for public utilities save and
except any interests which are reserved in attached Exhibit A.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and appro_~►vral.
PASSED AND APPROVED this they' day of , 1993.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: aC~G-C,L'X.f~
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Page 2
"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
J. Brock Survey, Abstract Number 55 and the H. Cisco Survey,
Abstract Number 1184 and all of those tracts of land conveyed to
the City of Denton from H.M. Pitner and wife, Marjorie Pitner by
easement deed dated September 22, 1962 and recorded in Volume 485,
Page 642 of the Deed Records of Denton County, Texas for the
purpose of constructing, re-constructing and perpetually
maintaining an open drainage channel.
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from Marjorie Neelley Pitner,
Patricia Pitner Kelsoe and Linda Pitner Riley by easement deed
dated September 25, 1987 and recorded in Volume 2252, Page 523 of
the Real Property Records of Denton County, Texas for the purpose
of constructing, installing, repairing, and perpetually maintaining
drainage facilities.
TRACT III
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from Marjorie Neelley Pitner,
Patricia Pitner Kelsoe and Linda Pitner Riley by easement deed
recorded in Volume 2252, Page 525 of the Real Property Records of
Denton County, Texas for the purpose of constructing, installing,
repairing, and perpetually maintaining drainage facilities.
TRACT IV
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
W. Teague Survey, Abstract Number 1266 and J. Brock Survey,
Abstract Number 55 and being all of the tract conveyed to the City
of Denton from Esther Richards by easement deed recorded in Volume
604, Page 246 of the Deed Records of Denton County, Texas for the
purpose of constructing, installing, repairing, and perpetually
maintaining drainage facilities.
TRACT V
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from H.M. Pitner by easement deed
dated December 31, 1954 and recorded in Volume 406, Page 331 of the
Deed Records of Denton County, Texas for the purpose of
constructing, installing, repairing, and perpetually maintaining an
electric power line.
TRACT VI
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from H.M. Pitner by easement deed
recorded in Volume 603, Page 527 of the Deed Records of Denton
County, Texas for the purpose of constructing, installing,
repairing, and perpetually maintaining public utilities.
TRACT VII
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from H.M. Pitner and J.M. Pitner by
easement deed dated November 13, 1952 and recorded in Volume 384,
Page 399 of the Deed Records of Denton County, Texas for the
purpose of constructing, installing, repairing, and perpetually
maintaining a sanitary sewer line.
SAVE & EXCEPT the following:
COMMENCING at the most northerly southeast corner of Lot 2, Block
A of the Final Replat of the Minter Addition, Lots 1, 2, 3, and 4,
Block A, Plat Records of Denton County, Texas, same being a point
on the west right-of-way of Woodrow Lane;
THENCE north 070 07' 01" west along the west right-of-way line of
Woodrow Lane and the most northerly east line of said Lot 2 a
distance of 64.90 feet to the POINT OF BEGINNING;
THENCE north 880 52' 20" west a distance of 507.40 feet to a point
for corner, said point also being the most southerly corner of a
16' private sanitary sewer easement, as shown on said Minter
Addition Replat;
THENCE north 080 07' 03" east along the southeast line of said 16'
private sanitary sewer easement a distance of 20.15 feet to a point
for corner;
THENCE south 880 521 2011 east a distance of 502.05 feet to a point
for corner, said point lying on the west right-of-way line of
Woodrow Lane and the most northerly east line of said Lot 2;
THENCE south 070 071 0111 east along said lines a distance of 20.21
feet to the POINT OF BEGINNING and containing 10,094 square feet of
land.
TRACT VIII
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
J. Brock Survey, Abstract Number 55 and being all of the tract
conveyed to the City of Denton from Esther Richards by easement
deed dated May 30, 1970 and recorded in Volume 602, Page 668 of the
Deed Records of Denton County, Texas for the purpose of
constructing, installing, repairing, and perpetually maintaining
public utilities.
SAVE & EXCEPT the following:
COMMENCING at the northeast corner of a 0.110 acre tract dedicated
as additional right-of-way of Morse Street, as shown on the Final
Replat of the Minter Addition, Lots 1, 21 31 & 4, Block A, Plat
Records of Denton County, Texas;
THENCE north 650 58' 1711 west along the new north right-of-way line
of Morse Street, as shown on said Minter Addition Replat, a
distance of 121.68 feet to the POINT OF BEGINNING;
THENCE north 650 58' 1711 west continuing along the new north right-
of-way line of Morse Street, as shown on said Minter Addition
Replat, a distance of 21.70 feet to a point for corner;
THENCE north 010 13' 3711 east a distance of 394.65 feet to a point
for corner, said point also being on the south line of a 20'
sanitary sewer easement as shown on said Minter Addition Replat;
THENCE south 790 04' 2411 east along the south line of said 20,
sanitary sewer easement a distance of 20.29 feet to a point for
corner;
THENCE south 010 13' 3711 west a distance of 399.64 feet to the
POINT OF BEGINNING and containing 7,944 square feet of land.
AEE00015
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR U"E Filed for Record in:
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR 09 RACE U DENTON COUNTY, TX
RETURN 70 Clty of Denton INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. HONORABLE TIM HODGES
THESTATEOFTEXAS i /COUNTY CLERK
215 E. McKinney 1h ret"TMidert!ry hanhis metrumentwas FILED in the File Number Sequence on
Denton. TX 76201 thetlxeandifieomestampedhereon Nme;andwasduly RECORDED, intM On 1993/05/2@
OtlkialPublieRetdrd" Propary of Denbo COUMY, Texas on
~iTTN: Roger N. Wilkinson MAY 2 1993 At 2:31P
Number: 93-R@031616
Type . MDO 17.00
~ L. CV y
COUNTS • ~~DENTON COUNTY, TEXAS °~O'....... ~i