1992-143ALL00319
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY KNOWN AS HICKS LANE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City of Denton has received a request to vacate
a portion of public street right-of-way known as Hicks Lane from
virginia Hicks; and
WHEREAS, the City Council of the City of Denton has determined
that the portion of property being vacated is no longer needed for
public use; and
WHEREAS, the fair market value of the property to be abandoned
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:
~. That the 435.1 feet of the public street right-
of-way known as Hicks Lane, being more particularly described in
attached Exhibit A, is abandoned and vacated; provided, however,
that there is hereby expressly reserved and excepted from vacation
and abandonment of the property, a utility easement for the purpose
of constructing, reconstructing, repairing, and maintaining utility
and drainage lines and facilities.
~. 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 street purposes.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.lB
PASSED AND APPROVED this the /~' day o 992.
BOB CASTLEBERRY, MA~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Page 2
ALL00318
EXHIBIT A
Tract One
ALL that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, being
part of the A.N.B. Tompkins Survey, Abstract Number 1246 and being
part of a tract of land conveyed by Edward T. Smith, Jr., and wife
Catherine A. Smith to Virginia Hicks by deed dated June 19, 1970,
and recorded in Volume 603, Page 695 of the Deed Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING at the southeast corner of the above mentioned Virginia
Hicks tract of land, said point being 121.0 feet west of the west
boundary line of Kendolph Drive and being 14 feet north of the
south boundary line of an east and west lane whose width at this
point is 38 feet;
THENCE north 89° 20' 30" west a distance of 314.6 feet to a point
for corner, said point being the southwest corner of said Virginia
Hicks tract of land;
THENCE north 01° 08' west a distance of 20 feet to a point for
corner;
THENCE south 89° 20' 30" east a distance of 308.6 feet to a point
for corner;
THENCE north 01° 08' west a distance of 6 feet to a point for
corner;
THENCE south 89~ 20' 30" east a distance of 6 feet to a point for
corner in the east line of said Virginia Hicks tract of land;
THENCE south 01° 08' east a distance of 26 feet to the POINT OF
BEGINNING and containing 6,328 square feet of land.
Tract Two
BEGINNING at the southeast corner of a tract conveyed to Norma S.
Gilbert by deed recorded in Volume 746, Page 409 Deed Records of
Denton County, Texas, said point lying in the west boundary line of
Kendolph Lane and the north boundary line of Hicks Lane;
THENCE south along the west boundary line of said Kendolph Lane a
distance of approximately 38 feet, to a point in the north boundary
line of a tract conveyed to J. Newton Rayzor by deed recorded in
Volume 775, Page 112 Deed Records of Denton County, Texas, for
corner;
THENCE west along the south boundary line of Hicks Lane and the
north boundary line of said Rayzor tract a distance of
approximately 120.5 feet to a point for corner;
THENCE north passing at approximately 14 feet the southeast corner
of a tract conveyed to Virginia Hicks by deed recorded in Volume
603, Page 695 Deed Records of Denton County, Texas, and continuing
along the east boundary line of said Hicks tract a total distance
of 38 feet to the southwest corner of said Gilbert tract;
THENCE east along the north boundary line of said Hicks Lane and
the south boundary line of said Gilbert tract a distance of 120.5
feet to the place of beginning.
92-356 NR
/0L3329 ,PI;0968
EEAL PROPE~'TY R[~CORD~
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTO
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. 92-143
as passed by the City of Denton City Council on September 1, 1992
TO CERTIFY WHICH, witness my official signature and the
seal of said City, this the 2nd day of September, 19 92
S
ec]~ftar7 - -
or, Denton, Texas
0469C
ALL00319
' 0L3329 P 0969
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
A PORTION OF THE PUBLIC STREET RIGHT-OF-WAYKNOWNAS HICKS LANE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the city of Denton has received a request to vacate
a portion of public street right-of-way known as Hicks Lane from
Virginia Hicks; and
WHEREAS, the city Council of the City of Denton has determined
that the portion of property being vacated is no longer needed for
public use; and
WHEREAS, the fair market value of the property to be abandoned
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:
~. That the 435.1 feet of the public street right-
of-way known as Hicks Lane, being more particularly described in
attached Exhibit A, is abandoned and vacated; provided, however,
that there is hereby expressly reserved and excepted from vacation
and abandonment of the property, a utility easement for the purpose
of constructing, reconstructing, repairing, and maintainingutility
and drainage lines and facilities.
S C I_~. 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 street purposes.
~. That this ordinance shall become effective imme-
diately upon its passage and approval. ~ .
BOB CASTLEBERRY, MA~ ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __ _
~/0L3329
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Page 2
ALL00318
VOL3329 9"/I
EXHIBIT A
Tract One
ALL that certain lot, tract or parcel of land lying and being
situated in the city and County of Denton, State of Texas, being
part of the A.N.B. Tompkins Survey, Abstract Number 1246 and being
part of a tract of land conveyed by Edward T. Smith, Jr., and wife
Catherine A. Smith to Virginia Hicks by deed dated June 19, 1970,
and recorded in Volume 603, Page 695 of the Deed Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING at the southeast corner of the above mentioned Virginia
Hicks tract of land, said point being 121.0 feet west of the west
boundary line of Kendolph Drive and being 14 feet north of the
south boundary line of an east and west lane whose width at this
point is 38 feet;
THENCE north 89° 20' 30" west a distance of 314.6 feet to a point
for corner, said point being the southwest corner of said Virginia
Hicks tract of land;
THENCE north 01° 08' west a distance of 20 feet to a point for
corner;
THENCE south 89° 20' 30" east a distance of 308.6 feet to a point
for corner;
THENCE north 01° 08' west a distance of 6 feet to a point for
corner;
THENCE south 89" 20' 30" east a distance of 6 feet to a point for
corner in the east line of said virginia Hicks tract of land;
THENCE south 01° 08' east a distance of 26 feet to the POINT OF
BEGINNING and containing 6,328 square feet of land.
BEGINNING at the southeast corner of a tract conveyed to Norma S.
Gilbert by deed recorded in Volume 746, Page 409 Deed Records of
Denton County, Texas, saidpoint lying in the west boundary line of
Kendolph Lane and the north boundary line of Hicks Lane;
THENCE south along the west boundary line of said Kendolph Lane a
distance of approximately 38 feet, to a point in the north boundary
line of a tract conveyed to J. Newton Rayzor by deed recorded in
Volume 775, Page 112 Deed Records of Denton County, Texas, for
corner;
THENCE ,~ along, the south boundary line of Hicks Lane and the
no~h i~ou~dary line of said Rayzor tract a distance of
approximately..120.5 feet to a point for corner;
TH~CE in~r~h passing at approximately 14 feet the southeast corner
of'a t~c~:conVeyed to Virginia Hicks by deed recorded in Volume
60~ P<~e ~95 Deed Records of Denton County, Texas, and continuing
along ~e~ast boundary line ~f said H~c~s t~act a total distance
of~'38 ~et to the southwest corner of said Gilbert tract;
THENCE east along the north boundary line of said Hicks Lane and
the south boundary line of said Gilbert tract a distance of 120.5
feet to the place of beginning.
RETURN TO: City of' Denton
215 E. McKinney
Denton. TX 76201
ATTN: Re,er N, Wilkinson