1983-083 NO
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A GENERAL PURPOSE
EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE biAYOR TO
EXECUTE A QUITCLAIM DBBD CONVEYING ALL RIGHT, TITLE AND INTEREST
OF THE CITY IN SAID BASEMENT TO THE OWNER OF SAID qRALT SUBJECT
TO SAID BASEMENT, SAID ABANDONMENT AND QUITCLAIM BEING EXPRESSLY
CONDITIONED UPON THE CONVEYANCE OF A REPLACEMENT EASEMENT
THEREFOR, 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 qultclaimed to Cluster
Apartments, L T D , and
WHEREAS, said abandonment and conveyance is expressly
conditioned upon the granting et a replacement, therefor, and
WHEREAS, the City Council of the City et Denton is of the
opinion that the best interest and welfare of the public will be
served by abandoning and conveying the same to Cluster
Apartments, L T D , for the consideration hereinafter more tully
set forth, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON
SECTION I
That the easement covering 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 interest of
the public are concerned, upon the conditions set forth herein
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the E Puchalski Survey, Abstract No 996, and
being part of a tract of land as conveyed from Robert Weldon
Knight to David M Nichols, et al by deed dated October 25, 1971
and recorded in Volume 633, Page 479 of the Deed Records of
Denton County, Texas, and more particularly described as follows
BEGINNING at a point in the south boundary line of said tract,
same being the north right of way line of West Hickory Street,
said point of beginning being S8 0 feet west of the southeast
corner of said tract and also being 659 4 feet north 88051'50''
east of the east right of way line of Avenue I (Bonnie Brae),
THENCE north 2036'40'' west, 58 0 feet west of and parallel with
the east boundary line of said tract, a distance of 142 0 feet
to a point for a corner,
THENCE south 87023'20'' west a distance of 16 0 feet to a point
for a corner,
THENCE north 2036'40'' west, 74 0 feet west of and parallel with
the east boundary line of said tract, a distance of 16 0 feet to
a point for a corner,
THENCE north 87023'20'' east a distance of 32 0 feet to a point
for a corner,
PAGE ONE
THENCE south 2°36~40" east, 42 0 feet west of and parallel w~th
the east boundary l~ne of said tract, a d~stance of 158 41 feet
to a point for a corner xn the south boundary line of said
tract, same being the north right of way line of West Hickory
Street,
~HENCE south 88051'50'' west, along the sooth boundary line of
sa~d tract, same being the north rtght of way line of West
Hickory Street a distance of 16 01 feet to the place of
beginning and containing 2,784 square feet of land, more or less
SECTION II
That the abandonment and conveyance of the above described
easement is expressly conditioned upon the granting of a
replacement utility easement therefor, said easement being for
the use of underground electrical utilities under, along, and
across the following described property
All that certain tract or parcel of land lying and being
situated in the E Puchalskx Survey, Abstract 996, Denton
County, Texas, and being part of a 1 473 acre tract described in
a deed from BMJ Corporation to BMJ properties on June 23, 1981
recorded in Volume 1085, Page 202, Deed Records of Denton
County, Texas and being more particularly described as follows
COMMENCING at a steel pin on the north boundary line of East
H~ckory Street at the Southeast corner of the 1 473 acre tract,
IHENCE S 88051'50'' W w~th the North boundary line of Hickory
Street a distance of 59 0 feet to the Point of Beginning,
THENCE S 88051'50'' W with the North boundary line of Hickory
Street a distance of 16 0 feet to a corner,
THENCE N 2036'40'' E a distance of 160 0 feet to a corner,
THgNCE N 87023'20'' W a distance l0 0 feet to a corner,
THENCE N 2056'40" E a distance of 16 0 feet to a corner,
THENCE S 87o23'20" h a distance of 52 0 feet to a corner,
THENCh S 2o36'40" W a distance of 176 0 feet to the Point of
Beginning
Section III
That the Mayor and City Secretary are hereby authorized,
upon conveyance of the above-described easement to the City of
Denton by Cluster Apartments, L T D , to execute and deliver
that certain quitclaim deed attached hereto and incorporated
herein conveying said utility easement, interest and right
described therein to Cluster Apartments, L T D
SECTION IV
That portion of the public utility easement herein described
being vacated, abandoned, and closed xs made subject to all
existing zoning regulations and deed restrictions, xf any, and
subject to ail existing easement rxghts of others, if any,
whether apparent or not
PAGE TWO
SBCTION V
This ordinance shall take effect and be ~n full force and
effect from and after the date of ~ts passage, and ~t ~s so
ordained
PASSED AND APPROVED ~yj the C~ty.Counc~l of the City of
Denton, Texas, th~s the ~.~'i~-'~day of ~i~_~, 1983
AFTEST
CIIY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
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