1983-143 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A U~ILI£Y 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 TRAC~ O~ LAND CONVEYED
BY SAID EASEMENT, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the C~ty Council of the C~ty of Denton, acting
pursuant to law, and upon the request and petition of the
grantee here~n, deems it advisable to abandon and convey the
hereinafter described tract ot land to grantee and ~s 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 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 Denton Four Joint
Venture, 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 ~ollowlng described tract of land in the City of
Denton be and the same is hereby abanaoneO, vacated and closed
insofar as the right, title and easement ot the public are
concerned
All 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 Joe Belew by deed dated December 12, 1981
recorded in Volume 1116, Page 129 and deed to Tom D Jester, Jr
dated September 16, 1983 recorded in Volume 1258, Page 915 of
the Deed Records of Denton County, Texas, conveyed to Denton
Four Joint Venture, recorded in the Deed Records of Denton
County, Texas, and being more particularly described as follows
BEGINNING 325 feet north of the southwest corner of the Neely
tract, said southwest corner also being the southeast corner of
the John W Mozlngo Aad~tlon to the City of Denton, Texas,
THENCE north along the east line of said Mozlngo Addition 20
feet to a point for a corner,
THENCE east 251 3 feet, a polnt for corner,
THENCE north 162 7 feet, a point for corner, said point being in
the south line ota sewer easement heretofore granted by G H
Neely and wife in 1952,
THENCE east 20 feet along said south line oi sa~d prior sewer
easement to a point for corner,
THENCE south 182 7 feet, a point for corner,
THENCE west 271 3 feet to the place of beginning
SECTION II
That the Mayor and City Secretary are hereby authorized to
execute and deliver that certaln quitclaim deed attached hereto
and incorporated herein conveying said utlllty easement
described therein to Denton Four Joint Venture
SECTION III
That portlon of the public utlllty easement herein described
being vacated, abandoned, and closed is made subject to all
ex~st~ng zoning regulations and deed restrictions, ~f any, and
subject to all existing easement rights of ot~ers, if any,
whether apparent or not
SECTION IV
This ordinance shall take effect and be ~n full force and
effect from and after the date of its passage, and it ~s so
ordained
PASSED AND APPROVED by, the City Council of the City o~
Denton, Texas, this the ~~ day of December, 1983
AfTEST
CHARLOTTE-~LLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGA TWO
THE STATE OF TEXAS, 1 KNOW ALL MEN
BY
THESE
PRESENTS
COUNT5 OF DENTON
That The Cxty of Denton, Texas, a Munxclpal Corporation
of the County of Denton sad S~ate of Texas , for and in consideration of
the sum of .............................................................
................... TEN AND NO/100 ($10 00) .................... ~DOLLARS,
and other good and valuable consideration
to ~t In hand paid by Denton Four Joint Venture
of the County of Denton and State of Texas , the receipt o~ which
is hereby acknowledged, do, by these presents, BARGAIN SELL, RELEASE, AN/) FOREVER
QUIT CLA/bI unto the sald Denton Four Joint Venture, xts successors
hml~ and assigns, ~l it s mght title and interest m and to that certmn tram or pm-
ce] of ]and lying m the County of Denton and State of Texas, descnb~ as ~ows,
t~w~t
All 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 certaln tract of land conveyed to Joe Belew by
deed dated December 12, 1981 recorded in Volume 1116, Page 129 and deed
to Tom D Jester, Jr dated September 16, 1983 recorded in Volume 1258,
Page 915 of the Deed Records of Denton County, Texas, conveyed to Denton
Four Joint Venture, recorded in the Deed Records of Denton County, Texas,
and being more particularly described as follows
BEGINNING 325 feet north of the southwest corner of the Neely tract, said
southwest corner also being the southeast corner of the John W Mozlngo
Ad~ltlon to the City of Denton, Texas,
THENCE north along the east line of said Mozingo Addition 20 feet to a
point for a corner,
THENCE east 251 3 feet, a point for corner,
THENCE north 162 7 feet, a polnt for corner, sasd point being in the
south line of a sewer easement heretofore granted by G H Neely and wife
in 1952,
THENCE east 20 feet along said south line o£ said prior sewer easement to
a point for corner,
THENCE south 182 7 feet, a point for corner,
THENCE west 271 3 feet to the place of beginning
TO HAVE AND TO HOLD the smd prermses, together w~th all and singular the rights, pnv]
leges and appurtenances thereto m any manner belonging unto the smd Denton Four Jomnt
Venture, lts successors
~ and ass]~, forever, so that neither the Grantor the sa~d
the City of Denton, Texas, a Municipal Corporation, lts successors
nor ~ any ~rson ~ perso~ clmmmg under z t shah at any time hereto,
have claim or demand any right or t~tle to the afo~sa~d premises or appurtenances or any p~ ther~
of
W~E~ our hand at t~s
day of A D 19
W~tne~ at Requ~t of Grantor
ATTEST ~
~ ~~_~ //
SINt~LE 4. CKzNO WLEDG VE N T
THE STATE OF TEX4S,
COUNTY OF
in and forsald County Tex%s on thtsdqy pet ona. ll~ appeared
kno'&n to me to be the person whose name subscribed to the fozegomg instrument qnd acknowledged to me that
he executed the same for the purposes and consideration the~em expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of * D !.9
(LS)
Notaly Public Count~ Texa
My Commission Expues June 1 19
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF f BEFORE ME the undermgned authority
In and for said County Texas on this day personally appeared
known to me to be the person whose name subscribed to the fm egomg instrument and acknm; ledged to me that
he executed the same for the purposes and conmde~atlon therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of ~ D I9
(LB)
Notaly Public County Texas
My Commission Expires June 1 19
CORPORATION ACKNOWLEDGMENT
THE
STATE
OF
TEXAS,
~ BEFORE ME the undersigned authority
COUNTY OF DENTObI
In and for said County Texas on thle day personally appeared Richard O Stewart, Ma_yor of
~h~ C~t.y Q~_JQ~D.J:QI~, T~_x~ ...... _ _ _ 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:~ty of Dent_qn, Texasz a l~llll~.~l~pal ~ ~ _
~corporatlon and that he executed the same as the act of such corporation for the purposes and consideration therom
expressed and in the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE Thru _ __day of A D 19
(LS) _ _
Notary Public .Z~E.:~2~ County Texas
I~i¥ Commmsmn Exmres June i 19__
CLERK'S CERTIFICATE
THE STATE OF TEXAS,
County
COUNTY OF
Clerk of the County Court of sa~d County do hereby certify that the foregomg instrument of wrltmg dated on the
day of A D 19 w~th ~ts Certificate of Authentication ~as filed for
record m my office on the day of A D I9 at o clock 5f and duly
recorded thls day of A D 19 at o clock M In the
Records of said County m Volume on pages
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County at office in
the day and year Itst abo~e written
County Clerk County Texas
(L S ) By Deput5