1983-118 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 qultclalmed to the Phyllis
Breen Estate, 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 the Phyllis Breen
Estate, 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 Clty of
Denton be and the same is hereby abandoned, vacated and closed
insofar as the r~ght, title and easement of the public are
concerned
Said tract being in the Wm Nell Survey, Abstract No 970,
Denton County, Texas, and recorded in Volume 427, Page 183 in
the Deed Records of Denton County, Texas,
Said easement crossing this property, comprising two parts as
herein designated and described, including (1) a permanent
easement 20 feet in width for construction or reconstructlon of
utilities and appurtenances, and for perpetually maintaining an
all purpose utlllty easement and (2) an additional area adjacent
to the permanent easement 40 feet in width, to be used for
initial constructIon
PART 1 PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS
BEGINNING at a polnt in the south l~ne of the aforementioned
tract of land, said point being west a distance of 255 9 feet
from the southeast corner of said tract,
THENCE north 01°00' west a distance of 1305 75 feet to a point
in the north fence line of said tract, said point being in the
south line of Airport Road and being 278 69 feet west of the
northeast corner of sa~d tract,
PART 2 CONSTRUCTION EASMENT
In addition to the 20 foot permanent easement as described
above, an initial construction easement 40 feet in width is to
be furnished This easement shall be ad3acent and parallel to
the permanent easement and shall be 20 feet 1n width on each
side of said permanent easement The construction easement to
be used for initial construction only
PAGE ONE
SECTION II
That the Mayor and City Secretary are hereby authorized to
execute and deliver that certain quitclaim deed attached hereto
and incorporated here~n conveying said utility easement described
therein to the Phyllis Breen Estate
SECTION III
That portion of the public utility easement herein described
is made subject to all ex~st~ng zoning regulations and deed
restrictions, if any, and subject to all existing easement r~ghts
of others, ~f 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 ~t is so
ordained
PASSED AND APPROVED by the C~ty Council of the C~ty of Denton,
Texas, th~s the ~/~-'day of October, 1983
OF DB~ON, TEXAS
ATTEST
cFFARLOTTE~ ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS