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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 R a VOL2 75 8 PGO468 m : i dNCy ~rng, rn w ~ --I CY O Do X t4 1D Oaf r _ C:3 F ~ O 4iJ EJ ~.a _e M •i .j ry~ ~ may' v, ~ Cl CJ (j 1 F9 a s m l i' ra i~ ae [ Q 6.Y _ i ` CD l C~ O r i a. ? L. ~ 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.