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1984-108NO l~ 9 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Dave Krause Pontiac-Toyota, Inc , as hereinafter provided, and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Dave Krause Pontiac-Toyota, Inc , for the consideration hereinafter more fully set forth, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON SECTION I That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned To that certain tract or parcel of land situated in the Robert Beaumont Survey, Abstract No 31, City and County of Denton, Texas, the said tract being a part of the tract described in the deed from George W Hinkle et ux to J Newton Rayzor recorded in Volume 399, Page 551 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follows Commencing at an iron rod found at the southeast corner of Lot 1, Block VIII of North University Place Addition as shown by the plat thereof recorded in Volume 3, Page 13 of the Plat Records of Denton County, Texas, THENCE south 01043100" west with the west line of Cornell Street a distance of 135 58 feet to the point of beginning, THENCE south 01043100" west with the west line of Cornell Street a distance of 16 00 feet to a point for corner at an iron rod at the northeast corner of the tract described in the deed to Dave Krause Pontiac, Inc recorded in Volume 807, Page 162 of the Deed Records of Denton County, Texas, THENCE north 88019'16" west along the north line of said Dave Krause Pontiac, Inc tract a distance of 250 41 feet to an iron rod set for corner at the northeast corner of a tract described in deed to Southwest Employee's Incentive Plan recorded in Volume 488, Page 518 of the Deed Records of Denton County, Texas, THENCE north 01040144" east a distance of 16 00 feet to a point for corner, THENCE south 88019116" east a distance of 250 42 feet to the point of beginning and enclosing in all 4,006 64 square feet or 0 092 acres SECTION II That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said utility easement described therein to Dave Krause Pontiac-Toyota, Inc SECTION III That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not SECTION IV This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the 21-GIW day of 1984 r C D 0 STE T, MA CIT OF NTON, TEXAS ATTEST ~Q~IA o~ CHARLOTTE ALLEN, CIT~ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY C-2011.-QUIT CLAIM DEED THE STATE OF TEXAS, l COUNTY OF DENTON J MARTIN etatimo" 00 Datim KNOW ALL MEN BY THESE PRESENTS That The City of Denton, Texas, a Municipal Corporation of the County of Denton and State of Texas , for and in consideration of the sum of ----TEN AND N01100 ($10 00) DOLLARS, and other good and valuable consideration to it in hand paid by Dave Krause Pontiac-Toyota, Inc of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUITCLAIM unto the said Dave Krause Pontiac-Toyota, Inc , its successors xh and assigns, all its right title and interest in and to that certain tract or par eel of land lying in the County of Denton and State of Texas, described as follows, to-wit To that certain tract or parcel of land situated in the Robert Beaumont Survey, Abstract No 31, City and County of Denton, Texas, the said tract being a part of the tract described in the deed from George W Hinkle et ux to J Newton Rayzor recorded in Volume 399, Page 551 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follows Commencing at an iron rod found at the southeast corner of Lot 1, Block VIII of North University Place Addition as shown by the plat thereof recorded in Volume 3, Page 13 of the Plat Records of Denton County, Texas, THENCE south 01°43100" west with the west line of Cornell Street a distance of 135 58 feet to the point of beginning, THENCE south 01043100" west with the west line of Cornell Street a distance of 16 00 feet to a point for corner at an iron rod at the northeast corner of the tract described in the deed to Dave Krause Pontiac, Inc recorded in Volume 807, Page 162 of the Deed Records of Denton County, Texas, THENCE north 88019'16" west along the north line of said Dave Krause Pontiac, Inc tract a distance of 250 41 feet to an iron rod set for corner at the northeast corner of a tract described in deed to Southwest Employee's Incentive Plan recorded in Volume 488, Page 518 of the Deed Records of Denton County, Texas, THENCE north 01040'44" east a distance of 16 00 feet to a point for corner, THENCE south 88019'16" east a distance of 250 42 feet to the point of beginning and enclosing in all 4,006 64 square feet or 0 092 acres TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi leges and appurtenances thereto in any manner belonging unto the said Dave Krause Pontiac- Toyota, Inc , its successors kdmcand assigns, forever, so that neither the said City of Denton, Texas, a Municipal Corporation, its successors nor 3asa>astn==v person or persons claiming under it shall, at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of WITNESS our hand at Denton, Texas this day of A D 19 84 Witnesses at est of rancor CITY OF ENTON TEXAS ATTEST~~lJn IC AFD 0 STE ART, MA CHARLOTTE ALLEN, CITY SECRETARY SINGLE ACKNOWLEDGMENT THE STATE OF T)@XAS, l f BEFORE ME the undersigned authority COUNTY OF in and for said County Texas on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of AD 19 (LS) Notary Public County Texas My Commission Expnes June 1 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 f BEFORE MD the undersigned authority COUNTY OF to and for said County Texas on this day personally appeared known to me to be the person whose name subscribed to the fwegmng instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of 4 D 19 (LS) CLERK'S CERTIFICATE THE STATE OF TEXAS, BEFORE ME the undersigned authority COUNTY OF DENTO.N in and for said County Texas on this day personally appeared Richard 0 Steuart, mayor of the City of Denton, Texas known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City Council 9f the City of _Dentl?ra, TDx;as _ a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and In the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE This _ day of A D 19 84 (LS) - - Notary Public, DENTON County Texas My Commission Expires June 1 19 THE STATE OF TEXAS, f COUNTY OF Clerk of the County Court of said County day of record in my office on the day of recorded this day of Notary Public Count} Texas My Commission Expues June 1 19 I, County do hereby certify that the foregoing instrument of writing dated on the A D 19 with its Certificate of Authentication was filed for A D 19 at o clock M and duly A D 19 at o clock M in the Records of said County, in Volume WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County at office in the day and vear 1 ist oboNe written (L S) 0 0 V z Countv Clerk By ' T % Y j a ~ ~ F r o G ~ r ~ O G U W d F U 0 O ~ w ~ F F a r.. O W O O W Q F a W A w 0 O ra o 6 W .o ~ x ~ x a > T x 6 U c F A ~ H N Y N cg 2i on pages X V d a y H ~ a C. d A i i Q U U 0b4 O " 0.1 0 S ~ Countv Texas Deputy ZZO Oz N N Z Pd -aW=X " d , HF cz » s e ~ O W Ga ~c= ~in Or-IW ~ ivp~izCCN~I - C X F z