1983-084AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT
WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO hXELUTB A
QUIFCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTERESF OF THE
CITY IN SAID EASEMENT TO THE OWNER OF fHE TRACT OF LAND CONVEYED
BY SAID EASEMENT, AND DECLARING AN EFFhLFIVE DATE
WHEREAS, the City Council of the Cxty of Denton, acting
pursuant to law, and upon the request and pettt~on of the
grantee herein, deems ~t advisable to abandon and convey the
hereinafter descrxbed tract of land to grantee and is of the
opinxon that said utility easement ~s not needea for public use,
and that same should be abandoned and qu~tcla~med to Jack Bell
Constructxon Co , as hereinafter provided, and
WHEREAS, the C~ty Council of the City of Denton ~s of the
opxnion that the best interest and welfare of the public w~ll be
served by abandoning and conveying the same to Jack Bell
Construction Co , for the consideration hereinafter more fully
set forth, now, therefore~
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEN£ON
SECTION I
That the following described tract of land in the C~ty of
Denton be and the same ~s hereby abandoned, vacated and closed
insofar as the right, tttle and easement of the public are
concerned
All that certatn 0 0320 acre tract or parcel of land sttuated ~n
the M E P & P R R Co Survey, Abstract No 92?, Ctty and
County of Denton, Texas, satd tract betng part of a tract
described tn a deed to Jack Bell Lonstructton Co as recorded tn
Volume 1064, Page 703 of the Deed Records of Denton County,
Texas and part of two tracts as described tn a deed to Jack Bell
Construction Lo as recorded xn Volume 1064, Page ?03 and part
of a deed to Jack Bell Constructton Co as recorded ~n Volume
1064, Page ?03 of the Deed Records of Denton Lounty, Texas, satd
tract being further described heretn by metes and bounds as
follows
COMMBNCING from the northeast corner of satd Jack Bell
Construction Co tract recorded tn Volume 1064, Page 703 in the
center of Mayhlll Road,
THENCE south 89o14'50" west 30 00 feet to the place of
beginning, satd potnt begxnnlng betng the northeast corner of
Lot 3, East McKxnney Street Addttton,
THENCE south 0o04' west wtth the west ltne of saxd Mayhtll Road
and the east lxne of Lot $, 16 0 feet to a point for a corner,
THENCE south 89°14'50'' west 87 0Z feet to a point for corner,
IHENCB north 0°45'10'' west 16 0 feet to a potnt on the north
ltne of Lot 3, East McKtnney Addxtton,
THENCE north 89°14'50'' east 87 25 feet to the potnt of begtnnlng
SECTION II
That the Mayor and Cxty Secretary are hereby authortzed to
execute and deltver that certain quttclatm deea attached hereto
and ~ncorporated heretn conveying said uttl~ty easement
described theretn to Jack Bell Constructton Co
PAGE ONE
SECTION III
fhat port,on of the public utllxty easement here~n described
being vacated, abandoned, and closed ~s made subject to all
ex~st~ng zoning regulations and deed restrictions, ~f any, and
subject to all existing easement r~ghts of others, ~£ any,
whether apparent or not
SBCTION IV
Th~s ordinance shall take effect and be ~n full force and
effect from and after the date of its passage, and ~t ~s so
ordained
PASSBD AND APPROVED bY, the C~ty Council of the C~ty of
Denton, Texas, th~s the ~'~--~day of ~ 1985
ATTES~
~~ CI'FY S~CRffI'ARY
CITY OF DENTON, TEXAS
APPROVI~D AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE TWO
THE STATE OF TEXAS, m ow ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
That The City of Denton, Texas, a Municipal Corporation
of the County of Denten *md State of Texas , for and ~n eonmderatton of
the sum of .............................................................
.................. Ten and No/100 ($10 00) ....................
DOLLARS,
to it in hand pa~d by Jack Bell Construction Company
of the County of Denton and State of Texas , the receipt of which
is hereb) acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
QUIT CLAIM unto the said Jack Bell Construction Company, ~ts successors
bam~ and assigns, all its right title and interest in and to that certain tract or
cel of land lying in the County of Denton and State of Texas, descmb~ as follows,
All that certain 0 0520 acre tract or parcel of land situated in the
M E P & P R R Co Survey, Abstract No 927, City and County of Denton,
Texas, said tract being part of a tract described in a deed to Jack Bell
Construction Co as recorded in Volume 1064, Page 705 of the Deed Records
of Denton County, Texas and part of two tracts as described in a deed to
Jack Bell Construction Co as recorded in Volume 1064, Page 703 and part
of a deed to Jack Bell Construction Co as recorded ~n Volume 1064, Page
703 of the Deed Records of Denton County, Texas, said tract being further
described herein by metes and bounds as follows
COMMENCING from the northeast corner of sa~d Jack Bell Construction Co
tract recorded in Volume 1064, Page 703 ~n the center of Mayh~ll Road,
THENCE south 89014'50'' west 30 00 feet to the place of beginning, said
polnt beglnnlng being the northeast corner of Lot 3, East McKlnney Street
Addition,
THENCE south 0~04' west w~th the west l~ne of sa~d Mayhlll Road and the
east line of Lot 3, 16 0 feet to a point for a corner,
THENCE south 89~14'50'' west 87 02 feet to a point for corner,
THENCE north 0°45'10'' west 16 0 feet to a point on the north line of Lot
3, East McKlnney Addition,
THENCE north 89°14'50'' east 87 25 feet to the poxnt of begznn~ng
TO HAVE A-ND TO HOLD the said prermses, together w~th all and singular the mghts, pnva-
leges and appurtenances thereto m any manner belonging unto the smd Jack Bell Construction
Company, its successors
li~i~Xand assigns, forever, so that neither the said
C~ty of Denton, Texas, its successors, assigns
nor ~ltlX~:~any person or persons cla~mmg under l t shall, at any time hereafter,
have, claim or demand any mght or title to the aforesaid premises or appurtenances, or any part there-
of
WITNESS my hand at Denton, Texas this
~.~ day of ~ A D 1983
t o ranter F CITY OF DENTON, ~EXAS
Witnesses at l{eques f G _ -- _2-~iL-~ _ 2~__ ---~-~----
SINGLE ACK_NOW LEDL-ME N~[
THE STATE OF TEXAS, ~ ~EFORF ME the under lg'ned .utnorlt¢
COUNTY OF
In and for smd County Texas on th~s day pel~onally appeared
kno~ n to me to be the person whose name subscribed to the fol egmng instrument and acknowledged to me that
he executed the same fox the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE Th~s day of a. D 19
(LS)
Notaly Public County Texas
My Commission Expues June 1 19
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ SEFORE ME the undersigned authority
COUNTY OF
In and for ea~d County Texas on th~s day pexsoltally appeared
known to me to be the person whose name subscmbed to the for egomg instrument and acknowledged to me that
he executed the same for the purposes 'md eons~delatlon therem expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE This day of a, D 19
(LS)
Notary Pubhc County Texa~
My Commms~on Expnes June I 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, ), R~FORE i~IE the undermgned authomty
COUNTY OF DENTON
In and for said County Texas on thm day personally appeared Rzchard 0 Stewart, Mayor of
the City of Denton ~ Texas _ known to me to be the person and officer
whose name ~e subscribed to the foregoing instrument and'~cl~nowledged to me that the same was the act of the sa~d
Czt_~ Council of the C~ty of Dento_n, Texas.~ a mu_n~_qzj~a_l
I~ corporation, and that he executed the same as the act of such corporatmn for the purposes and consideration therein
expressed and m the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE Thru _ day of ..... , AD 1983
(LS)
Notary Pubh% De_nton County, Texas
My Commmsmn Exmres June 1 19---
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 foregoing instrument of writing dated on the
day of A D 19 w~th tts Certlfic,~te of Authent~catmn ~as filed for
record m my office on the day of A D 19 at o clock M ~nd duly
recorded this day of A D 19 , at oclock M m the
Records of sa~d County ~n Volume on pages
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of sa~d County at office m
the day and :~ear I~st ~bo~e ~rltten
County Clerk County Texas
(L S ) By Deput~
THE STATE OF TEXAS, t KNOV~ ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
THAT Jack Bell Construction Company
of Denton County, Texas , m consideration of the sum of
One Dollar ............................... and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, hberty and pnwlege of the passage m, along, upon and across the following
described property,
owned by him Situated m Denton County, Texas, m the
Sarvey, Abstract No
All that certain 0 0566 acre tract or parcel o~ land situated ~n the
M E P ~ P R R Co Survey, Abstract No 927, City and County of Denton,
Texas, commencing from the northeast corner of a tract shown by deed to
Jack Bell Construction Co and recorded Cn Volume 1064, Page 705 of the
Deed Records of Denton County, Texas, sa~d poCnt being ~n the center of
Mayh¢ll Road,
THENCE south 89°14'50" west 117 25 feet to the place of begCnnCng, saCd
point being the most southern southeast corner of the tract being
descr ~bed here~n,
THENCE south 89°14'50'' west 16 0 feet to a point for a corner ~n the
north lxne of sa~d Darby Tract,
THENCE north 0°45'10'' west 66 0 feet to a poCnt for corner,
THENCE north 89°14'50'' east 104 19 feet to a point for corner on the west
lCne of said Mayh~ll Road,
THENCE south 0°04' west 16 0 feet w~th the west l~ne of saCd Mayh~ll Road
to a point for corner, sa~d corner being north 0°04' east 50 0 feet from
the northeast corner of Lot 3, East McKCnney Street Addition,
THENCE south 89°14'50" west 87 97 feet to a point for corner,
THENCE south 0°45'10" east 50 0 feet to the point of beginning
And it is further agreed that the said C~ty of Denton, Texas
m consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property
For the purpose of constructing, znstall~ng, repairIng and perpetually
maintaining electric utilities m,a]ong, uponand
across said premises, w~th the right and prlwlege at all times of the grantee herein, his or Its agents,
employees, workmen and representatives having ingress, egress, and regress In, along upon and across
said premises for the purpose of maPanz additions to improvements on and repairs to the said
electric utilIties, or
any part thereof
TO HAVE AND TO HOLD unto the said C~ty of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described
Witness my hand , this the day of A D 198 3
JACK BELL CONSTRUCTION CO
BY
SINGLE ACKNOWLEDGME\T
THE STATE OF TEXAS, I rErORE Mr the undmslgncd ~uthcrlty
COUNTY OF DENTON
in and for said County Texas on this day personally appeared Jack Bell of Jack Bell Constrt/ctloI%
C_o_mp any
known to me to be the person x%hose name ~S subsm bed t ) the fotegomg mst]ument and ackno%%led&ed to me
that he executed the same fo~ the pulposes and consideration therem expl s ed
GIVEN UNDER MY HAND AND SEAL OF OFFICE Thru day of A D 19 8 3
(LS)
Notary Pubhc - Denton _ Count~ Texas
My Commmslon Expires June 1 19
S~GLE AC~O~EDGMENT
THE STATE OF TEXAS, ~ BEFORE ME the undersigned authorlty
COUNTY OF _
m and for said County Texas on this day personally appeared ...............
known to me to be the person whose name subscmbed ~ the foregomg mstrument and ackno~vledged to me
that he executed the same for the purposes and consideratmn thereto expressed
GIVEN UNDER MY H~ND AND SEAL OF OFFICE Thru dayof AD 19
(LS)
Notary Public County Texas
My Commmsmn Expires June i 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ ~EFOR~ ME the undersigned au%homty
COUNTY OF DENTON
In and for said County Texas on thts day personally appeared
kno~n to me to be the pels~n and o~ er
~l~osa name m .ubscmbed o the loregomg instrument and acknowledged to me th~ thc m~e xvas the a~t of the sa~d
expressed and ~n the eapamtv therem stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE Th~s da
(LS) -
Notary Pubhe _ County Texas
My Comm~ssmn Expnes June 1 19
CLERK'S CERTIFICA~
THE STATE OF TEXAS, ~ L C°unW
COUNT~ OF
Clcxk of the County Coult of said County do heleby certify that the fo~egotng lnstlument of x~rxtmg dated on the
day oe A D 19 ~]th ~ts Celt~ficate of kuthentmatmn xxas filed fo~
record m my office on the day of ~ D 19 at o clock 5I and duly
recmded thm day of A D 19 at oclock M ~n the
Records of smd Count} m Volume on pages
WITNESS MY HAND AND SEAL OP THE COUNTY COURT of smd County ~t office m , the day and year last ~bo~e ~ntten
County Clerk County Texas
(L S ) By Deput~
O
0
~ ~ ~