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1984-090NO 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 Carl L Coil, Jr and Wife, Bonnie S Holley Coil, 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 Carl L Coil, Jr and wife, Bonnie S Holley coil, 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 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the A Gibson Survey, Abstract No 498, and being part of Lot No 4, Block A of the Montecito Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Alvin F Oien, Jr to Carl L Coil, Jr and wife, Bonnie S Holley Coil by deed dated April 25, 1983 and recorded in Volume 1213, Page 605 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the northeast corner of said Lot 4, said point lying in the west right of way line of Santa Monica, THENCE south 0023' west along the east boundary line of said Lot 4, said being the west right of way line of Santa Monica a distance of 5 feet to a point for a corner, THENCE north 89037' west 5 feet south of and parallel to the north boundary line of said Lot 4 a distance of 134 feet to a point for a corner, said point lying 16 feet east of the west boundary line of said Lot 4, THENCE north 0023' east a distance of 5 feet to a point for a corner in the north boundary line of said Lot 4, THENCE south 89037' east along the north boundary line of said Lot 4, a distance of 134 feet to the place of beginning 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 Carl L Coil, Jr and wife, Bonne S Holley Coil 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 day of , 1984 RIJHARD 0 STEWAR'T, M CI Y OF D NTON, TEXAS ATTEST CEMRLOT ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNLY CITY OF DEN'TON, TEXAS BY 1 1\ 1~nN~ C-206-QUIT CLAIM DEED off EST ADTE OF TEXAS, 1 KNOW ALL MEN BY THESE PRESENTS' That The City of Denton, Texas of the County of Denton and State of Texas for and in consideration of the sum of -------------------------TEN AND N01100 ($10 00)--------------DOLLARS, to it inhandpaidby Carl L Coil, Jr and wife, Bonnie S Holley Coil 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 Carl L Coil, Jr and wife, Bonnie S Holley Coil their heirs and assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, to-wit All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the A Gibson Survey, Abstract No 498, and being part of Lot No 4, Block A of the Montecito Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Alvin F Olen, Jr to Carl L Coil, Jr and wife, Bonnie S Holley Coil by deed dated April 25, 1983 and recorded in Volume 1213, Page 605 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the northeast corner of said Lot 4, said point lying in the west right of way line of Santa Monica, THENCE south 0023' west along the east boundary line of said Lot 4, said being the west right of way line of Santa Monica a distance of 5 feet to a point for a corner, THENCE north 89037' west 5 feet south of and parallel to the north boundary line of said Lot 4 a distance of 134 feet to a point for a corner, said point lying 16 feet east of the west boundary line of said Lot 4, THENCE north 0023' east a distance of 5 feet to a point for a corner in the north boundary line of said Lot 4, THENCE south 89037' east along the north boundary line of said Lot 4, a distance of 134 feet to the place of beginning 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 Carl L Coil, Jr and wife, Bonnie S Holley Coil, their heirs and assigns, forever, so that neither the said City of Denton, Texas, its successors nor 1fAM ny person or persons claiming under it shall, at any time hereafter, MARTIN 9tatimm Go Daum have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of Texas this /f WITNESS our hand at Denton, day of Witnesses at Request of Grantor ATTEST _ A D 1984 BY 'd , IF R ChARD EtidA , MAYO SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, I BEFORE ME the undersigned authority COUNTY OF J 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) Notaiy Public County Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME the undersigned authority COUNTY OF J in and for said County Texas on this day peisonally appeared known to me to be the person whose name i subscribed to the foiegoing 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) Notaiy Public County Texas My Commission Expues June 1 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME the undersigned authority COUNTY OF DENTON in and for said County Texas on this day personally appeared R7_C.1].aYlj.-fl- Stewart, Mayor .af the City 9f 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 the City Council of the City of Denton, Texas, a Municipal _ _ skeorporation, 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 a4 (L S) - - - - - - - Notary Public, _ Denton County, Texas My Commission Expires June 1 19--- CLERK'S CERTIFICATE THE STATE OF TEXAS, I County COUNTY OF Clerk of the County Court of said County do hereby certify that the foregoing instrument of writing dated on the day of , A D 19 with its Certificate of Authentication was filed for record in my office on the day of A D 19 at oclock M and duly recorded this day of A D 19 , at o clock M in the Records of said County in Volume on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County at office in the day and year l ist alim c written (L S) County Clerk By County Texas Deputy w n V I ~ rn a a G c, d Ll d r j 'JC Q Cj a. z F+i W C o o = H Cl~ Q H lF 94 U V F O H o d 3w U PA ;z pq 0 z ti x a a a~~ Uz Q as w c H o l w A w w u o ~ I C)H V 44 H Ca c Y. b0 ~ Z ; ~ W O U a ~s Ix 0 Q z >4 c H I 1-4 a NV 7 o n~ U a w I . w i