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1990-088 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING THAT PORTION OF AVENUE E LOCATED BETWEEN EAGLE DRIVE AND THE NORTH BOUND SERVICE ROAD OF INTERSTATE HIGHWAY 35E AS A PUBLIC STREET; RESERVING A UTILITY EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has proposed to reroute a portion of Avenue E, a public street located within the City of Denton as shown in Exhibit "A", attached hereto; and WHEREAS, the University of North Texas, in consideration of the city of Denton constructing the new street and abandoning that portion of the existing street to be rerouted, has agreed to provide the necessary land for the new street; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the 4,752.35 square feet of the public street right-of-way of Avenue E, beginning 262 feet from Eagle Drive south to the north bound service road of Interstate Highway 1-35, as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is abandoned and vacated as a public street; provided, however, 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, repairing, 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 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 /~ay of , 1990. BOB CASTLEBERRY, MAYO~ CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS 2S209 COUNTY OF DENTON 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. 90-088 as approved by the City of Denton City Council on the 19th of June 1990. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 25th day of June , 19 90 :, ~zf~ )~ 'S e'ta ry - (~ty o~ Denton, Texas ' '~' , 0469C AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING THAT PORTION OF AVENUE E LOCATED BETWEEN EAGLE DRIVE AND THE NORTH BOUND SERVICE ROAD OF INTERSTATE HIGHWAY 35E AS A PUBLIC STREET; RESERVING A UTILITY EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has proposed to reroute a portion of Avenue E, a public street located within the City of Denton as shown in Exhibit "A", attached hereto; and WHEREAS, the University of North Texas, in consideration of the City of Denton constructing the new street and abandoning that portion of the existing street to be rerouted, has agreed to provide the necessary land for the new street; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the 4,752.35 square feet of the public street right-of-way of Avenue E, beginning 262 feet from Eagle Drive south to the north bound service road of Interstate Highway 1-35, as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is abandoned and vacated as a public street; provided, however, 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, repairing, 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 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 /~ay of , 1990. BOB CASTLEBERRY, MAYO~ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY ~PPRO~'ED ~S TO LEGAB FORM: DEBI~ ~. DRAYOVITCH~ CIg¥ ~TTORNE¥ 59048 Page 2 mm B T "A" VOL 2 8 0 3 ALL that certain lot, tract, or parcel of land situated in the Eugene Puchalski Survey A-996 Denton County, Texas and being part of the existing Avenue E on August 22, 1889: · COMMENCING at the northeast,¢°Xner~o.f a tract shown by deed to the City of Denton from Betty K. Millel~t:?an~ recorded in Volume 418, Page 474 Deed Records of Denton TItENCE south 0o 21' 19" t~e east line of said Millelot Tract and the east line of the.exis:t.i~ ~nue E a distance of 260.0' to the Point of Beginning; :..:~'~' THENCE south 0o 21' 19" west With t~ existing east line of Avenue E a distance of 97.13' to a point 'fn thqi'northeasterly right-of-way line of IH35E and in a curve to the right, ~hose radius is 11 309.19' and central angle is 0° 08' 52"; , THENCE with said curve a distance of 29.18' to a point in a curve to the right whose radius is 301.14' and central angle is 9° 36' 12"; TH~NC£ with the last mentioned curve a distance of 50.47' to a point in the existing west line of Avenue THENCE north 1° 59' 42" east with the existing west line of Avenue E a distance of 48.61' to a point for a corner; THENCE south 89° 38' 41" east a distance of 60.24' to the Place of Beginning and containing 0.109 acres of land. NOTh.: Provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment for the property, a utility easement for the purpose of constructing, reconstructing, repairing, and maintaining underground utility lines and facilities. 0707E/9