1990-162ORDINANCE NO. ?4 /loot
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING
A PORTION OF MYRTLE STREET LOCATED BETWEEN DAUGHERTY STREET AND
LOCUST STREET AS A PUBLIC STREET; RESERVING A UTILITY AND DRAINAGE
EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Traffic Safety Commission and the Planning and
Zoning Commission have reviewed the staff recommendation to abandon
and vacate a portion of Myrtle Street and recommended a portion of
said street be closed as it is of no benefit or use to the public;
and
WHEREAS, a public hearing was held on November 7, 1989, in
order to give notice to the public of the proposed abandonment and
vacation of a portion of Myrtle Street from Daugherty Street to
South Locust Street; and
WHEREAS, the City Council of the City of Denton, acting
pursuant to law, deems it advisable to abandon and vacate the
herein described tract of land and is of the opinion that the
portion of said tract is not needed for pubic use as a street and
that same should be abandoned; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the 60.0 feet wide public street right-of-way
of Myrtle Street, extending from the south line of Daugherty Street
to the intersection of Myrtle Street with the northwesterly right-
of-way line of south Locust Street, as more particularly described
in Exhibit "A", attached hereto and incorporated herein by refer-
ence, is abandoned and vacated as a public street; provided, how-
ever, that there is hereby expressly reserved and excepted from
vacation and abandonment for the property so described, a utility
easement for the purpose of constructing, reconstructing, repair-
ing, 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 street purposes.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~CO day of
1990.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~ W
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY
C
EXHIBIT "A"
ALL that certain lot, tract, or parcel of land situated in the
Alexander Hill Survey A-623 Denton County, Texas and being that
part of Myrtle Street in the City of Denton, Denton County, Texas
that runs from the south line of Daugherty street to the
intersection of Myrtle street with the northwesterly right-of-way
line of South Locust street (a 60.0 ft. wide street) and being
more particularly described as follows;
BEGINNING at the northwest corner of the "First Tract" shown by
deed to Richard M. Selby, dated December 1976, recorded in Volume
817, Page 662 of the Deed Records of Denton County Texas and also
being in the east line of Myrtle street;
THENCE south with the west line of said Selby tract and passing
his most southerly corner to a point that is 60.0 ft. northwest
of and perpendicular to the northwesterly right-of-way line of
the T. & P.R.R. Company;
THENCE southwesterly across Myrtle street to a point where the
northerly line of Locust street intersects the west line of
Myrtle street said point of intersection also being an angle
point in the most easterly line of a tract shown by deed to
Sunrise Enterprises, recorded in Volume 2679, Page 386 of the
Real Property Records of Denton County, Texas;
THENCE in a northerly direction with the east line of said
Sunrise Enterprise tract a distance of 271.27 to its northeast
corner and also being the southeast corner of Village Office Park
as shown and recorded in Cabinet D. Page 14 of the Plat Records
of Denton County, Texas;
THENCE in a northerly direction with the east line of said
Village Office Park a distance of 406.58 ft. to its northeast
corner and being in the south line of a tract shown by deed to
Persis J. Ludlow, recorded in Volume 2554, Page 303 Real Property
Records of Denton County Texas;
THENCE in an easterly direction with the south line of said
Ludlow tract a distance of 4.0 ft. to its southeast corner;
THENCE in a northerly direction with Ludlow's east line to the
point of intersection with the extended south line of Daugherty
street;
THENCE in an easterly direction with the extended south line of
Daugherty to the Place of Beginning.
VOL2875 PG0464
REAL PROPERTY RECORDS
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
ekC s' r 8
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. 90-162 as
approved by the City of Denton City Council on the 16th of October
1990.
TO CERTIFY WHICH, witness my
seal of said City, this the 18th
~aiu `77rv~. ,
n 1 , c%ti 2.
f y„Ft..
official signature and the
day of October . 19 90
i ec tart'
Ci of D ton, Texas
0469C
VOL2875 PG0465
ORDINANCE NO. 90 Y60t
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING
A PORTION OF MYRTLE STREET LOCATED BETWEEN DAUGHERTY STREET AND
LOCUST STREET AS A PUBLIC STREET; RESERVING A UTILITY AND DRAINAGE
EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Traffic Safety Commission and the Planning and
Zoning Commission have reviewed the staff recommendation to abandon
and vacate a portion of Myrtle Street and recommended a portion of
said street be closed as it is of no benefit or use to the public;
and
WHEREAS, a public hearing was held on November 7, 1989, in
order to give notice to the public of the proposed abandonment and
vacation of a portion of Myrtle Street from Daugherty Street to
South Locust Street; and
WHEREAS, the City Council of the City of Denton, acting
pursuant to law, deems it advisable to abandon and vacate the
herein described tract of land and is of the opinion that the
portion of said tract is not needed for pubic use as a street and
that same should be abandoned; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the 60.0 feet wide public street right-of-way
of Myrtle Street, extending from the south line of Daugherty Street
to the intersection of Myrtle Street with the northwesterly right-
of-way line of south Locust Street, as more particularly described
in Exhibit "A", attached hereto and incorporated herein by refer-
ence, is abandoned and vacated as a public street; provided, how-
ever, that there is hereby expressly reserved and excepted from
vacation and abandonment for the property so described, a utility
easement for the purpose of constructing, reconstructing, repair-
ing, 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 street purposes.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
VOL2815 PG9466
PASSED AND APPROVED this theC~ "
1990. clap of ~w .
- ~
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS/ CITY SECRETARY
BY: ~ U~,- 9:6~
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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VOL 2 8 1 5 PG0 4 6 1
EXHIBIT "A"
ALL that certain lot, tract, or parcel of land situated in the
Alexander Hill Survey A-623 Denton County, Texas and being that
part of Myrtle Street in the City of Denton, Denton County, Texas
that runs from the south line of Daugherty street to the
intersection of Myrtle street with the northwesterly right-of-way
line of South Locust street (a 60.0 ft. wide street) and being
more particularly described as follows;
BEGINNING at the northwest corner of the "First Tract" shown by
deed to Richard M. Selby, dated December 1976, recorded in Volume
817, Page 662 of the Deed Records of Denton County Texas and also
being in the east line of Myrtle street;
THENCE south with the west line of said Selby tract and passing
his most southerly corner to a point that is 60.0 ft. northwest
of and perpendicular to the northwesterly right-of-way line of
the T. & P.R.R. Company;
THENCE southwesterly across Myrtle street to a point where the
northerly line of Locust street intersects the west line of
Myrtle street said point of intersection also being an angle
point in the most easterly line of a tract shown by deed to
Sunrise Enterprises, recorded in Volume 2679, Page 386 of the
Real Property Records of Denton County, Texas;
THENCE in a northerly direction with the east line of said
Sunrise Enterprise tract a distance of 271.27 to its northeast
corner and also being the southeast corner of Village Office Park
as shown and recorded in Cabinet D, Page 14 of the Plat Records
of Denton County, Texas;
THENCE in a northerly direction with the east line of said
Village Office Park a distance of 406.58 ft. to its northeast
corner and being in the south line of a tract shown by deed to
Persis J. Ludlow, recorded in Volume 2554, Page 303 Real Property
Records of Denton County Texas;
THENCE in an easterly direction with the south line of said
Ludlow tract a distance of 4.0 ft. to its southeast corner;
THENCE in a northerly direction with Ludlow's east line to the
point of intersection with the extended south line of Daugherty
street;
THENCE in an easterly direction with the extended south line of
Daugherty to the Place of Beginning.