1992-057 ORDINANCE NO ~
AN ORDINANCE VACATING AN ELECTRIC UTILITY EASEMENT RECORDED IN
VOLUME 1473, PAGE 615 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request for
abandonment of an electric utility easement upon property presently
owned by Paces Crossing Ltd , a Texas Limited Partnership, and
First Denton Ltd , the prospective purchaser of said property,
WHEREAS, the City Council of the City of Denton has determined
that the easement requested to be vacated is no longer needed for
public use, and
WHEREAS, the fair market value of the easement has been deter-
mined 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 an electric utility easement recorded in vol-
ume 1473, Page 615 of the Real Property Records of Denton County,
Texas, as described in Exhibit "A", attached hereto and incorpo-
rated herein by reference, is permanently vacated and extinguished
as an easement for electric utilities
SECTION II That by reason of such vacation 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 imme-
diately upon its passage and appro~ ~
PASSED AND APPROVED this the ~ ' day of ,
1992
BOB CASTLEBERRY, MAY7 ~
Page
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
ALL001A0\1705 7 2h
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 J McGowan Survey, Abstract 797 and being part of
a tract of land as conveyed from Johnnle W Richards and wife,
Constance Jean Richards to Jackle T Brown and wife, Leta Nell
Brown by deed dated March 19, 1965 and recorded in Volume 521, Page
129 of the Deed Records of Denton County, Texas and being all of
that electric utility easement tract conveyed from Jackie T Brown
and wife, Leta Nell Brown to the City of Denton, Texas by deed
dated February 21, 1974 and recorded in Volume 1473, Page 615 of
the Real Property Records of Denton County, Texas and more
particularly described as follows
BEGINNING at the southwest corner of said Brown tract, said point
of beginning lying in the northeast right-of-way line of Interstate
Highway I35E and also being the southeast corner of a tract of land
conveyed from W E Slngleton to T E Marshall by deed dated
September 24, 1944 and recorded in Volume 292, Page 488 of the Deed
Records of Denton County, Texas,
THENCE north 40° 53' east along the west boundary line of said
Brown tract a distance of 223 60 feet to a point for corner, said
point lying in the east boundary line of said McGowan Survey,
THENCE south 01° 28' east along the east boundary line of said
McGowan Survey a distance of 23 75 feet to a point for corner,
THENCE south 40° 53' west 16 feet southeast of and parallel with
the west boundary line of said Brown tract a distance of 218 72
feet to a point for corner in the southwest boundary line of said
Brown tract, same being the northeast right-of-way line of
Interstate Highway 35E,
THENCE north 39~ 38' west along the southwest boundary line of said
Brown tract, same being the northeast right-of-way line of
Interstate Highway 35E, a distance of 16 22 feet to the POINT OF
BEGINNING and containing 3,661 33 square feet of land
AEE00015
AN oRD~vACA~AN ELECTRIC UTILITY EASEMENT RECORDED IN
VOLUME~ PAGE f6~OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY¥ TEXAS, AND ~OVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request for
abandonment of an electric utility easement upon property presently
owned by Paces Crossing Ltd , a Texas Limited Partnership, and
First Denton Ltd , the prospective purchaser of said property,
WHEREAS, the City Council of the City of Denton has determined
that the easement requested to be vacated is no longer needed for
public use, and
WHEREAS, the fair market value of the easement has been deter-
mined 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 an electric utility easement recorded in vol-
ume 1473, Page 615 of the Real Property Records of Denton County,
Texas, as described in Exhibit "A", attached hereto and incorpo-
rated herein by reference, is permanently vacated and extinguished
as an easement for electric utilities
r That by reason of such vacation the City of
Dent ty 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
SE~ That this ordinance shall become effectlve ~mme-
d~ately upon ~ts passage and approval
PASSED AND APPROVED this the 77~day of ~~/
1992 ~ '
Page i ~
VOL 3 I 9 9 P~O 7 ~. I
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
ALL001A0\1705 7 2h
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 J McGowan Survey, Abstract 797 and being part of
a tract of land as conveyed from Johnnle W Richards and wife,
Cq~stance Jean Richards to Jackle T Brown and wife, Leta Nell
Brown by deed dated March 19, 1965 and recorded in Volume 521, Page
129 or-the Deed Records of Denton County, Texas and being all of
that e~l%~tric utility easement tract conveyed from Jackie T Brown
add w~e, Leta Nell Brown to the City of Denton, Texas by deed
dated ~eb-ruary 21, 1974 and recorded in Volume 1473, Page 615 of
the R~al Property Records of Denton County, Texas and more
particularly described as follows
BEGINNING at the southwest corner of said Brown tract, said point
of beginning lying in the northeast right-of-way line of Interstate
Highway I35E and also being the southeast corner of a tract of land
conveyed from W E Singleton to T E Marshall by deed dated
September 24, 1944 and recorded in Volume 292, Page 488 of the Deed
Records of Denton County, Texas,
THENCE north 40° 53' east along the west boundary line of said
Brown tract a distance of 223 60 feet to a point for corner, said
point lying in the east boundary line of said McGowan Survey,
THENCE south 01° 28' east along the east boundary line of said
McGowa~ Survey a distance of 23 75 feet to a point for corner,
THENCE south 40° 53' west 16 feet southeast of and parallel with
the west boundary line of said Brown tract a distance of 218 72
feet to a point for corner in the southwest boundary line of said
Brown tract, same being the northeast right-of-way line of
Interstate Highway 35E,
THENCE north 39° 38' west along the southwest boundary line of said
Brown tract, same being the northeast right-of-way line of
Interstate Highway 35E, a distance of 16 22 feet to the POINT OF
BEGINNING and containing 3,661 33 square feet of land
AEE00015
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