1984-175NO
AN ORDINANCE PROVIDING FOR THE CLOSING AND VACATING OF A PORTION
OF SPENCER ROAD, A PUBLIC STREET, AS HEREIN DESCRIBED, RESERVING
A UTILITY EASEMENT THEREIN, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton, Texas,
after due investigation and consideration, has determined that
the best interest and welfare of the public will be served by
vacating and closing that portion of Spencer Road hereinafter
described, and
WHEREAS, the adjoining property owners have conveyed to the
City real property for the relocation of said street, said
property being equal to or greater than the fair market value of
the property interest being herein vacated, and
WHEREAS, the adjoining property owners have given their
written consent to such closing, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That the following described portion of Spencer Road is
hereby closed and permanently vacated as a public street and
right-of-way of any kind or character forever
All that certain tract or parcel of land situated in the Mary L
Austin Survey, Abstract 4, Denton County, Texas being more fully
described as follows
COMMENCING at the northwest corner of a 3 8 acre tract Betty J
Stallings, et vir, to Robert H Parham, et ux, in a deed dated
April 7, 1977, recorded in Volume 832, Page 83, Deed Records of
said County, on the west boundary line of said Austin Survey,
same being the east boundary line of the W Teague Survey,
Abstract 1266 in center line of Woodrow Lane and south
right-of-way of Spencer Road,
THENCE south 49°38'56" east a distance of 57 26 feet to an iron
pin in east right-of-way of Woodrow Lane and south right-of-way
Spencer Road to the point of beginning,
THENCE north 01°52'56" east a distance of 75 75 feet to an iron
pin on north right-of-way Spencer Road,
THENCE south 50°30'00" east with the north right-of-way Spencer
Road a distance of 408 41 feet to an iron pin,
THENCE around a curve to the left having a central angle of
27°31'38" length=254 6340 tangent=129 824 feet and chord north
64°15'49" west a distance of 252 192 feet to an iron pin,
THENCE north 50°30'00" west a distance of 117 23 feet to the
point of beginning and containing 0 3031 acres of land, and
SECTION II
That in abandoning and vacating the portion of Spencer Road
herein described as a public road and right-of-way, the City
specifically reserves, and is not vacating or abandoning said
described property as a public easement for the purpose of
constructing, reconstructing, installing, repairing or
maintaining electric lines, water or sewer mains or lines or
other utilities or appurtenances therefor, in, on, along, under
or across said property
SECTION III
That the City Secretary is hereby directed to cause a
certified copy of this ordinance to be filed with the Office of
Deed Records for the County of Denton, Texas
SECTION IV
That this ordinance shall become effective immediately after
its passage and approval
PASSED AND APPROVED this the ~~day of~ 1984
i
C 0 TE , YOR
CIT OF D TON, TEXAS
ATTEST
CHI TLLEN, CITY 'C ARY
C L
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
wy,~A
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, the City of Denton, Texas, is considering the
matter of closing and abandoning as a public street a portion of
Spencer Road, said portion of such road being herein described
as follows
All that certain tract or parcel of land situated in the Mary L
Austin Survey, Abstract 4, Denton County, Texas being more fully
described as follows
COMMENCING at the northwest corner of a 3 8 acre tract Betty J
Stallings, et vir, to Robert H Parham, et ux, in a deed dated
April 7, 1977, recorded in Volume 832, Page 83, Deed Records of
said County, on the west boundary line of said Austin Survey,
same being the east boundary line of the W Teague Survey,
Abstract 1266 in center line of Woodrow Lane and south
right-of-way of Spencer Road,
THENCE south 49°38'56" east a distance of 57 26 feet to an iron
pin in east right-of-way of Woodrow Lane and south right-of-way
Spencer Road to the point of beginning,
THENCE north O1°52'56" east a distance of 75 75 feet to an iron
pin on north right-of-way Spencer Road,
THENCE south 50°30'00" east with the north right-of-way Spencer
Road a distance of 408 41 feet to an iron pin,
THENCE around a curve to the left having a central angle of
27°31'38" length=254 6340 tangent=129 824 feet and chord north
64°15'49" west a distance of 252 192 feet to an iron pin,
THENCE north 50°30'00" west a distance of 117 23 feet to the
point of beginning and containing 0 3031 acres of land, and
WHEREAS, it will be to the advantage of the property owners
whose property abuts said portion of said Spencer Road being
considered for abandonment and to the advantage of the public
generally to abandon said portion of Spencer Road,
NOW, THEREFORE, in consideration of benefits to be received
by the undersigned and the general public, which are hereby
acknowledged, the undersigned, being of lawful age, do hereby
fully and forever release, acquit and discharge the said City,
its officers, successors and assigns, from any and all actions,
causes of action, claims and demands of whatsoever kind or
nature on account of the abandonment and closing of said portion
of said Spencer Road above mentioned
it is expressly understood and agreed that this release is
intended as an agreement to the said closing of said portion of
said street and is intended to cover and does cover all damages,
losses and injuries now known or which may become known in the
future, including all the effects and consequences thereof
IN WITNESS yy~IIEREOF, we have hereunto set our hands this the
day of /Ueo/ , 1984
EL O N P R ROBERT H PAR M
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day
of AJo✓ , 1984 by Jewell M Owen Parham
o_i
NO ARY PUBLIC
DENTON COUNTY, TEXAS
My Commission expires '2 - b'".9S
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day
of No✓ , 1984 by Robert H Parham
✓~rae. ~/C~~/,~
NOTARY PUBLIC
DENTON COUNTY, TEXAS
My Commission expires P "a? -?!sue
VOL J565PACE 428
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
REAL PROPERTY RECORD
CERTIFICATE OF CITY SECRETARY
5235
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 84-175
approved by the City of Denton City Council on Tuesday, December
4, 1984
TO CERTIFY WHICH, witness my official signature and the seal of
said City, this the 5th day of December 198 4
City Secretary
el City of Denton, Texas
.t
jc. t~yl'Saba)
0469C
VOL 1565PAGE429
NO Q `7'
AN ORDINANCE PROVIDING FOR THE CLOSING AND VACATING OF A PORTION
OF SPENCER ROAD, A PUBLIC STREET, AS HEREIN DESCRIBED, RESERVING
A UTILITY EASEMENT THEREIN, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton, Texas,
after due investigation and consideration, has determined that
the best interest and welfare of the public will be served by
vacating and closing that portion of Spencer Road hereinafter
described, and
WHEREAS, the adjoining property owners have conveyed to the
City real property for the relocation of said street, said
property being equal to or greater than the fair market value of
the property interest being herein vacated, and
WHEREAS, the adjoining property owners have given their
written consent to such closing, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That the following described portion of Spencer Road is
hereby closed and permanently vacated as a public street and
right-of-way of any kind or character forever
All that certain tract or parcel of land situated in the Mary L
Austin Survey, Abstract 4, Denton County, Texas being more fully
described as follows
COMMENCING at the northwest corner of a 3 8 acre tract Betty J
Stallings, et vir, to Robert H Parham, et ux, in a deed dated
April 7, 1977, recorded in Volume 832, Page 83, Deed Records of
said County, on the west boundary line of said Austin Survey,
same being the east boundary line of the W Teague Survey,
Abstract 1266 in center line of Woodrow Lane and south
right-of-way of Spencer Road,
THENCE south 49°38'56" east a distance of 57 26 feet to an iron
pin in east right-of-way of Woodrow Lane and south right-of-way
Spencer Road to the point of beginning,
THENCE north O1°52'56" east a distance of 75 75 feet to an iron
pin on north right-of-way Spencer Road,
THENCE south 50°30'00" east with the north right-of-way Spencer
Road a distance of 408 41 feet to an iron pin,
THENCE around a curve to the left having a central angle of
27°31'38" length=254 6340 tangent-129 824 feet and chord north
64°15'49" west a distance of 252 192 feet to an iron pin,
THENCE north 50°30'00" west a distance of 117 23 feet to the
point of beginning and containing 0 3031 acres of land, and
SECTION II
That in abandoning and vacating the portion of Spencer Road
herein described as a public road and right-of-way, the City
specifically reserves, and is not vacating or abandoning said
described property as a public easement for the purpose of
i
voL 1565PAGEt)d
constructing, reconstructing, installing, repairing or
maintaining electric lines, water or sewer mains or lines or
other utilities or appurtenances therefor, in, on, along, under
or across said property
SECTION III
That the City Secretary is hereby directed to cause a
certified copy of this ordinance, to be filed with the office of
Deed Records for the County of Denton, Texas
SECTION IV
That this ordinance shall become effective immediately after
its passage and approval
PASSED AND APPROVED this the ~~day of 1^ ' 1984
CD O~ATEWARX , MAYUK
CIT OF D TON, TEXAS
ATTEST
CHARLOTTE-ALLEN, CITY SECKETAKY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY alnn/1
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