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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