1986-2471570L
NO ~~7
AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY EASEMENT
AS DESCRIBED HEREIN, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton, Texas has
determined that the hereinafter described utility easement is no
longer needed for public use, and
WHEREAS, in accordance with the provisions of Texas Revised
Civil Statutes, Article 5421c-12, an appraisal of the fair
market value of said easement has been obtained, and
WHEREAS, in accordance with state law, said easement is
being abandoned and vacated in consideration of the receipt of
their fair market value by the abutting property owner thereof,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the hereinafter described easement is abandoned and
vacated as an easement for public utilities as shown on Exhibit
"A" attached hereto and incorporated herein by reference
SECTION II
That said easement is herein abandoned and vacated, and by
operation of law, the City of Denton's property interest in said
easement shall revert to the abutting property owner, whether
one or more, and the City of Denton hereby releases any and all
claims to the use of the property described in said easement
referenced herein for the purposes therein described
SECTION III
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the y day of kzle e , 1986
RAY ST P ENS MAYOR
CITY DENTON, TEXAS
ATTEST
S
CHARLOTTE L;KblAKl
ALLEN, ~
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY /LIIJ'LMQ~ 011E A61
EXHIBIT "A"
TRACT I
All that certain tract or parcel of land lying and being
situated in the William Loving Survey Abstract Number 759 in the
City of Denton, Denton County, Texas and being a part of the
called 3 140 acre tract described in the Deed from Joe Belew and
Ernest F Simpson to Gazebo Apartments, Ltd recorded in Volume
945, Page 461, of the Deed Records of Denton County, Texas, and
more particularly described as follows
BEGINNING for the northeast corner of the tract being described
herein, at a point in the north line of a public utility
easement described in the deed from Joe A Belew and Ernest F
Simpson to the City of Denton, recorded in Volume 836, Page 780,
of the said Deed Records, said point being south 89 degrees 40
minutes 40 seconds west a distance of 16 feet and south 00
degrees 41 minutes 18 seconds west a distance of 170 feet and
south 89 degrees 51 minutes 32 seconds west a distance of 12 40
feet from the northeast corner of the said easement, same being
the northeast corner of the 3 140 acre tract,
THENCE south 00 degrees 08 minutes 28 seconds east with the east
line of an apartment building part of the way, passing its
southeast corner, in all a total distance of 21 30 feet to a
point for the southeast corner of the herein described tract,
THENCE south 89 degrees 51 minutes 32 seconds west a distance of
2 14 feet to a point at a re-entrant corner of the said easement
for the southeast corner of the herein described tract,
THENCE north 00 degrees 08 minutes 28 seconds west with the west
line of the said easement passing the south line of the said
apartment building a distance of 21 30 feet to a point at
another re-entrant corner of the said easement,
THENCE north 89 degrees 51 minutes 32 seconds east with the
north line of the said easement a distance of 2 14 feet to the
PLACE OF BEGINNING and enclosing 46 square feet of land
TRACT II
All that certain tract or parcel of land lying and being
situated in the William Loving survey Abstract Number 759 in the
City of Denton, Denton County, Texas, and being a part of the
called 3 140 acre tract described in the deed from Joe Belew and
Ernest F Simpson to Gazebo Apartments, Ltd recorded in Volume
945, Page 461, of the Deed Records of Denton County, Texas, and
being more particularly described as follows
BEGINNING for the most southerly southwest corner of the tract
being described herein at, a point in the west line of a public
utility easement described in the deed from Joe A Belew and
Ernest F Simpson to the City of Denton recorded in Volume 836,
Page 780 of the said Deed Records, said point being north 00
degrees 08 minutes 28 seconds west a distance of 87 20 feet from
the most southerly southwest corner of the said easement, same
being a re-entrant corner of the said 3 140 acre tract,
THENCE north 00 degrees 08 minutes 28 seconds west with the west
line of the said easement entering an apartment building a
distance of 17 80 feet to a point at a re-entrant corner of the
said easement,
THENCE south 89 degrees 51 minutes 32 seconds west a distance of
10 00 feet to a point at the most westerly southwest corner of
the said easement,
THENCE north 00 degrees 08 minutes 28 seconds west with the west
line of the said easement a distance of 16 00 feet to a point at
the most westerly northwest corner of the said easement,
THENCE north 89 degrees 51 minutes 32 seconds east with the
north line of the said easement a distance of 13 70 feet to a
point north of the northeast corner of the said apartment
building, for the northeast corner of the herein described tract,
THENCE south 00 degrees 08 minutes 28 seconds east with the east
line of the said apartment building a distance of 33 80 feet to
its southeast corner,
THENCE south 89 degrees 51 minutes 31 seconds west with the
south line of the said apartment building a distance of 3 70
feet to the PLACE OF BEGINNING and enclosing 285 square feet of
land