1983-144AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT
WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUT5 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 qultclalmed to Denton Four
Joint Venture, as hereinafter provided, and
WHEREAS, the City Council of the City o~ Denton is of the
opinion that the best interest and welfare of the public will be
served by abandoning and conveying the same to Denton Four Joint
Venture, for the consideration hereinafter more iully set forth,
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DhN~ON
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
Ail that certain lot, tract or parcel of land lying and being
situated in Denton County, Texas, being out of the J D Lilly
Survey, Abstract No 762 and being out of a certain tract of
land conveyed to G H Neely by deed of record in Volume 150,
Page 325 of the Deed Records of Denton County, Texas and
conveyed to Denton Four Joint Venture, recorded in the Deed
Records of Denton County, Texas, and being more particularly
described as follows
BEGINNING at the southeast corner of the tract conveyed to G H
Neely by the deed recorded in Volume 150, Page 325 of the Deed
Records of Denton County, Texas, said southeast corner being 25
feet, more or less, north of the southeast corner of the J D
Lilly Survey, Abstract No 762,
THENCE north 12°0' east 546 feet along the east boundary line ot
the above mentioned tract to a point for corner,
THENCE north 78°0' west 700 feet, more or less, to a point for
corner,
~HENCE north 12°0' east 900 feet, more or less, to a point for
corner,
THENCE north 18°20' west 300 feet, more or less, to a point for
corner, same being in the south boundary line of the Texas &
Pacific Railroad right-of-way,
THENCE 20 feet along said right-of-way in a southwesterly
direction to a point for corner,
THENCE south 18°20' east 300 feet to a point for corner,
THENCE SOuth 12°0' west 920 feet, more or less, to a point for
corner,
THENCE south 78°0' east 700 feet, more or less, to a point for
corner,
THENCE south 12"0' west 526 feet, more or less, to a point for
corner,
THENCE 20 feet in a northeasterly d~rectlon along the south
boundary l~ne of sald tract to the place of beginning
SECTION II
That the Mayor and C~ty Secretary are hereby authorized to
execute and deliver that certain quitclaim deed attached hereto
and incorporated herein conveying sa~d utility easement
described therein to Denton Four Joint Venture
SECTION III
That portion of the public utility easement here~n described
being vacated, abandoned, and closed ~s made subject to all
existing zoning regulations and deed restrictions, if any, and
sub3ect to all existing easement rights of others, ~f any,
whether apparent or not
SECTION IV
This ordinance shall take effect and be in tull force and
effect from and after the date of its passage, and ~t is so
ordained
PASSED AND APPROVED by ~the City Council of the City of
Denton, Texas, this the ~{Q~-day of December, 1983
ATTEST
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE TWO
THE STATE OF TEXAS, } K OW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
That The Clty~f Denton, Texas, a Munlc:ipal Corporat:ion
of the County of Denton and State of Texas ~for and in consideration of
the sum of ..............................................................
..................... TEN AND NO/100 ($10 00) .................. DOLLARS,
and other good and valuable consideration
to :it m hand paid by Denton Four Jo:int Venture
of the County of Denton and State of Texas , the recmpt of which
is hereby acknowledged, do, by these presents, BARGAIN SELL, RELEASE, AND FOREVER
QUIT CLA/M unto the sa~d Denton Four Joint Venture, its successors
~and assigus, M1 its right title and interest m and to that ce~am tract or p~-
c~ of land lying in the County of Denton and State of Texas, descnb~ as f~ows,
All that certain lot, tract or parcel of land lying and being situated ~n
Denton County, Texas, belng out of the J D Lilly Survey, Abstract No
762 and being out of a certain tract of land conveyed to G H Neely by
deed of record an Volume 150, Page 325 of the Dee~ RecorGs of Denton
County, Texas and conveyed to Denton Four Joint Venture, recorded an the
Deed Records of Denton County, Texas, and being more particularly
described as follows
BEGINNING at the southeast corner of the tract conveyed to G H
Neely by the deed recorded mn Volume 150, Page 325 of the Deed Records of
Denton County, Texas, said southeast corner being 25 feet, more or less,
north of the southeast corner of the J D Lilly Survey, Abstract No 762,
THENCE north 12~0' east 546 feet along the east boundary lane of the
above mentioned tract to a point for corner,
THENCE north 78°0' west 700 feet, more or less, to a point for corner,
THENCE north 12~0' east 900 feet, more or less, to a point for corner,
THENCE north 18020' west 300 feet, more or less, to a point for
corner, same being an the south boundary lzne of the Texas & Pacific
Railroad right-of-way,
THENCE 20 feet along said right-of-way in a southwesterly direction
to a point for corner,
THENCE south 18~20' east 300 feet to a point for corner,
THENCE south 12~0' west 920 feet, more or less, to a poznt for corner,
THENCE south 78~0' east 700 feet, more or less, to a point for corner,
THENCE south 12~0' west 526 feet, more or less, to a point for corner,
THENCE 20 feet an a northeasterly direction along the south boundary
lane of said tract to the place of beginning
TO HAVE AND TO HOLD the said prermees, together w~th all and singular the rights, pnw
leges and appurtenances thereto ~n any manner belonging unto the ss~d Denton Four Joint
Venture, lts successors
>heR"a and assigns, forever, so that neither the Grantor the said
City of Denton, Texas, a Municipal Corporation, :its successors
nor ~-~m,}m~ any person or persons claiming under t t shall, at any time hereafter,
have claim or demand any r~ght or title to the aforesaid premises or appurtenances, or any part there-
of
WITNESS our hand at Denton, Texas thru
day of A D 19
%Vltnes~es at Request of Grantor CITY OF D~ENTDN, ~EXAS _~ !
....... ---/y// -.
ATTEST BY~~
CHARLOTTE ALLEN, CITY SECRETARY
blht~LE a CIx-N O%'LEDt ~dE N T
THE
STATE
OF
TEXAS,
~ BEFORE ~L the unde,~tgned ~uthomt~,
COLNTY OF
m and forsa~d Count~ Texas onth~sda~ p~ onaqyappeared
known to me to be the person whose name subscribed to the foregotng instrument and acknowledged to me that
he executed the same fo~ the proposes and conmderatlon thereto expressed
GIVEN UNDER MY HAND AND SE~L OF OFFICE Th~s day of ~ D 19
(IS)
Nota~-y Public County Texas
My Commission Expnes June 1 19
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ BEFORE FIE the unders,gned authomty
COUNTY OF
m and for smd County Texas on this day personally appeared
kno~wn to me to be the person whose name subscribed to the fo~ egomg instrument and acknowledgod to me that
he executed the same for the purposes and cons~deratlon therem expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE Th~s day of ~ D 19
(LS)
Notary Pubhc County Texas
My Commission Expires June 1 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ BEFORE ME the undersigned authomty
COUNTY OF DENTON
)
m and for sa~d (ounty Texas on this day personally appeared Rlchar_d__O_ _Stewart, Mayor o_f the
C3-ty O~ E~en3~on, 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
_C_~t_v of Denton~ Texas, a ~Jun~c_~p_al
K corporatmn and thCS-he executed the same as the act of such corporation for the purposes and conslderatmn therein
expressed and m the capamty thereto stated
GIVEN UNDER i~IY HAND AND SEAL OF OFFICE Th~e _ day of __ A D 19
(LS) ..........
Notary Pubhc ~ County Texas
CLERK'S CERTIFICATE
THE STATE OF TEXAS, ~ I county
COUNTY OF
Clerk of the County Court of sa~d County do hereby certify that the foregomg metrument of wmtmg dated on the
day of A D 19 w~th ~ts Cerhficate of Authentication ~aa filed for
record m my office on the day of A D 19 at o clock M and duly
recorded this da~; of A D 19 at o clock i%{ in the
Records of said County m Volume on pages
WITNESS ~IY HAND AND SEAL 0P THE COUNTY COURT of smd County at o~ce in the day and year {ast aboxe written
County Clerk County Texas
(L S ) By Deputy