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1990-025ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF UNDERWOOD STREET, LOCATED IMMEDIATELY WEST OF ITS INTERSECTION WITH AVENUE A, AS A PUBLIC STREET; RESERVING A UTILITY EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has proposed to reroute that portion of Underwood Street, located immediately west of it intersection with Avenue A. as shown in Exhibit "A", attached hereto; and WHEREAS, the Donald Dooley, Executor of the A. P. Dooley Estate, 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 5,219.90 square feet of that portion of Underwood Street, as more particularly described in Exhibit "B", 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 abandon- ment for the property so described a general use utility easement for the purpose of constructing, reconstructing, repairing, and maintaining utility and drainage lines and facilities in, over, and across the property. 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 appro'v/al. PASSED AND APPROVED this the ~vr day of 1464414, 1990. or- RAY S EP 'NS, EYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS-TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ✓ ^,An 1 `I t7 f- 0 (ri -n w 'P m L N ;Y 4n y I-V D o p W V N p r Wo to A 21, y x b b r „K„ sIgIHXH EXHIBIT "B" COMMENCING at the southeast corner of a deed conveyed from Jess Burch, et al to Alfred Dooley and wife Ruth Dooley by a deed dated February 13, 1945 and recorded in Volume 312, Page 636 of the Deed Records of Denton County Texas, said point also lying in a north/south public road known as Avenue A; THENCE north 890 41' 45" west along the south boundary line of said Burch to Dooley Tract crossing said Avenue A a distance of 28.83' to the southwest corner of the remainder of said Burch to Dooley Tract, same being the intersection of the northwest right-of-way line of said Avenue A with the north right-of-way line of an east/west public road as Underwood street for the POINT OF BEGINNING; THENCE southwesterly along a curve to the right having a radius of 2701, a chord bearing and length of south 330 49' 18" west, 84.571, at an arc distance of 43.21' passing the south right-of-way line of said Underwood street and the north boundary line of a tract conveyed from Woodson A. Harris and wife Mary M. Harris to the City of Denton by a deed dated June 27, 1962 and recorded in Volume 483, Page 163 of the D.R.D.C.T. and continuing for a total arc distance of 84.92' to a point for corner; THENCE north 870 23' 08" west a distance of 13.19' to a point lying in the north right-o£-way line of the new Underwood Road for corner; THENCE north 380 39' 50" west along the northeast right-of-way line of said new Underwood Road a distance of 30.47' to the beginning of a curve to the left having a radius of 126.331, and a chord bearing in length of north 610 23' 08" west, 97.59' to a point for corner; THENCE northwesterly along said curve to the left and the northeast right-of-way line of said new Underwood Road, passing at an arc distance of 9.75' the north boundary line of said Harris to City of Denton Tract and the south right-of-way line of said Old Underwood Road, and continuing for a total arc distance of 100.20' to a point lying in the south boundary line of said Burch to Dooley Tract and the north right-of-way line of said old Underwood Road for corner; THENCE south 890 41' 45" east along the north right-of-way line of said Old Underwood Road and the south boundary line of said Burch to Dooley Tract a distance of 164.97' to the Place of Beginning and containing 59219.90 square feet of land VOL274 ! P00704 "LA P CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 9 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. 90-025 as approved by the City of Denton City Council on the 20th of February, 1990. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 23rd day of February , 19 go . C1Yly Secr ary y of D nton, Texas L ilk* 0469C 1 AL274 4 P0705 ORDINANCE NO. D- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF UNDERWOOD STREET, LOCATED IMMEDIATELY WEST OF ITS INTERSECTION WITH AVENUE At AS A PUBLIC STREET; RESERVING A UTILITY EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has proposed to reroute that portion of Underwood Street, located immediately west of it intersection with Avenue A, as shown in Exhibit "A", attached hereto; and WHEREAS, the Donald Dooley, Executor of the A. P. Dooley Estate, 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 5,219.90 square feet of that portion of Underwood Street, as more particularly described in Exhibit "B", 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 abandon- ment for the property so described a general use utility easement for the purpose of constructing, reconstructing, repairing, and maintaining utility and drainage lines and facilities in, over, and across the property. 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 oay day of , 1990. RAY fP1tfNS,k*AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1.^ o A 10 APPRO D AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: "An VOL21Ls I PG 7 0 6 u J 0 4 4 u l9 4 Q.~ 0 r 34 J Q EXHIBIT "A" 4. o~ Itz ~4 V .j Q VOL27It I PG 7 0 7 FrXHIBIT uBir" " COMMENCING at the southeast,cgrner"" bf a deed conveyed from Jess Burch, et al to Alfred Dooley and wife Ruth Dooley by a deed dated February 13, 1945 and rec.orde&-in V.blume 312, Page 636 of the Deed Records of Denton County Texas, -Said point also lying in a north/south public r odd hngw~>, Avenue A; THENCE north 890 41' 45" Vest`,•alongsthe south boundary line . of said Burch to Dooley°T ract.'cross•#ng said Avenue A a distance of 28.83' to the southw 3ttg' er of the remainder of said Burch to Dooley Tract, ane4k,Xng tAe intersection of the northwest right-o£-way line of said Avenue A with the north right-of-way line of an east/west public road as Underwood street for the POINT OF BEGINNING; THENCE southwesterly along a curve to the right having a radius of 2701, a chord bearing and length of south 330 49' 18" west, 84.571, at an arc distance of 43.21' passing the south right-of-way line of said Underwood street and the north boundary line of a tract conveyed from Woodson A. Harris and wife Mary M. Harris to the City of Denton by a deed dated June 279 1962 and recorded in Volume 483, Page 163 of the D.R.D.C.T. and continuing for a total arc distance of 84.92' to a point for corner; THENCE north 870 23' 08" west a distance of 13.19' to a point lying in the north right-of-way line of the new Underwood Road for corner; THENCE north 380 39' 50" west along the northeast right-of-way line of said new Underwood Road a distance of 30.47' to the beginning of a curve to the left having a radius of 126.331, and a chord bearing in length of north 610 23' 0811 west, 97.59' to a point for corner; THENCE northwesterly along said curve to the left and the northeast right-of-way line of said new Underwood Road, passing at an arc distance of 9.7S' the north boundary line of said Harris to City of Denton Tract and the south right-of-way line of said Old Underwood Road, and continuing for a total arc distance of 100.20' to a point lying in the south boundary line of said Burch to Dooley Tract and the north right-of-,way line of said old Underwood Road for corner; THENCE south 890 41' 4S" east along the north right-of-way line of said Old Underwood Road and the south boundary line of said Burch to Dooley Tract a distance of 164.97' to the Place of Beginning and containing 5,219.90 square feet of land lOl e?~l~ ~ PGA` 70 _a 3c d n co ~ N I ell it &g ~h .z -i e