1992-070ALL001A0\1705 7 2h
ORDINANCE NO ~ - O ~ O
AN ORDINANCE VACATING AN ELECTRIC UTILITY EASEMENT RECORDED IN
VOLUME 697, PAGE 581 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
S~CTION I That an electric utility easement recorded in vol-
ume 697, Page 581 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
~ 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
~ That Ordinance No 92-057 is hereby repealed in
its entirety
SECTION IV That this ordinance shall become effective imme-
diately upon its passage and approval
!
BOB CASTLEBERRY, MAYOR/
/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVE~AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
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 Johnnie W Richards and wife,
Constance Jean Richards to Jackie 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 easement
deed dated February 21, 1974 and recorded in Volume 697, Page 581
of the Deed 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
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 l~ne of said
Brown tract, same being the northeast right-of-way l~ne of
Interstate Highway 35E,
THENCE north 39" 38' west along the southwest boundary l~ne 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
vol, 3 2 1 01 ~,~00 0 6 ~. PROPERTY RECORDS
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 accordlng to the
records of the City of which I am custodian, that
the attached is a true and accurate copy of Ordinance No 92-070 as approved
by the City of Denton City Counczl on April 21, 1992
TO CERTIFY WHICH, witness my official signature and the
seal of said City, this the 23rd day of April , 19 92
C~t~v' Sect~etary -
ClXt~ of D~nton, Texas
0469C
ALL001A0\1705 7 2h
VOL3210 P( O007
ORDINANCE gJ- O O
AN ORDINANCE VACATING AN ELECTRIC UTILITY EASEMENT RECORDED IN
VOLUME 697, PAGE 581 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 697, Page 581 of the Real Property Records of Denton County,
Texas, as described in Exhiblt "A", attached hereto and ~ncorpo-
rated herein by reference, is permanently vacated and extlngulshed
as an easement for electric utilities
SECTION II That by reason of such vacation the City of
Denton's property interest ~n 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
~ That Ordinance No 92-057 is hereby repealed in
its entirety
~ That this ordlnance shall become effectlve i~me-
diately upon its passage and approval
!
BOB CASTLEBEI~RY, MAYOR/
/
voL32 II0 f,~'O 008
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVE~AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
Page 2
0 tOq 9
EXHIBIT A
ALL that certain lot, tract or parcel of land lying and being
situa~_d tin the City and County of Denton, State of Texas, and
b~ang~ar~ of the J McGowan Survey, Abstract 797 and being part of
a%~r~t of land as conveyed from Johnnle W Richards and wife,
Co~st~ce Jean Richards to Jackie T Brown and wife, Leta Nell
B~wn_~y deed dated March~19, 1965 and recorded in Volume 521, Page
lZ9 o~pthe Deed Records of Denton County, Texas and being all of
t~at ~ectric utility easement tract conveyed from Jackie T ~rown
a~ ~f~, Leta Nell Brown to the City of Denton, Texas by easement
d~d ~ed February 21, 1974 and recorded zn Volume 697, Page 581
o~the~eed Records of Denton County, Texas and more particularly
de~crim~d ~s follows
BEGINN)ING at the southwest corner of sa~d Brown tract, sa~d point
of beginning lying ~n the northeast r~ght-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
Recorde 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 l~ne 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,
THENCEm south 40~ 53' west 16 feet southeast of and parallel with
the we~t boundary line of said Brown tract a distance of 218 72
feet to a point for corner in the southwest boundary line of sa~d
~rown tract, same being the northeast r~ght-of-way l~ne 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
/0L3199 p~0739
REAL PROPERTYRECORD$
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS 19176
COUNTY OF DENTON
CITY OF DENTON
I, the undersigned, City Secretary of the City of Denton,
Texas (the "C~ty") DO HEREBY CERTIFY that according to the
records of the Czty of which I am custodian, that
THE ATTACHED IS A TRUE AND ACCURATE COPY OF ORDINANCE NO~2~057 AS)
PASSED BY THE CITY OF DENTON CITY COUNCIL ON APRIL 7, 19
z-o-?o
TO CERTIFY WHICH, witness my offzc~al signature and the
seal of said City, this the 8th day of April , 19 92
(~'ty o£/Denton, Texas
0469C