1982-098AN ORDINANCB PROVIDING FOR THE ABANDONMENT OF A UTILITY EASFMENT
WITHIN THB CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DBBD CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE
CITY IN SAID EASEMBNT TO THE O~NFR OF THE TRACT OF LAND CONVEYED
BY SAID EASEMENT, AND DECLARING AN EFFECTIVE DATE
WHBREAS, the City Council of the C~ty of Denton, acting
pursuant to law, and upon the request and petition of the
grantee herein, deems ~t adwsable to abandon and convey the
hereinafter described tract of land to grantee and ~s of the
op~n~on that sa~d utility easement ~s not needed for public use,
and that same should be abandoned and qu~tcla~med to Osborne
Grocery Company, a Corporation as hereinafter prowded, and
WHEREAS, the C~ty Council of the City of Denton ~s of the
opinion that the best ~nterest and welfare of the public w~ll be
served by abandoning and convewng the same to Osborne Grocery
Company, a Corporation 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 follow~ng described tract of land ~n the C~ty of
Denton be and the same is hereby abandoned, vacated and closed
~nsofar as the r~ght, t~tle and easement of the public are
concerned
BEGINNING at a point ~n the southeasterly hne of a tract of
land out of the N H Me~senhe~mer Survey, Abstract No 811 as
conveyed to Joe N~chols and J L G~nn~ngs by Edwin Braly and
recorded ~n Volume 434, Page 289 of the Deed Records of Denton
County, Texas Sa~d beginning point also being ~n the north-
westerly boundary l~ne of State Highway 10 {Sherman Dr~ve) and
134 feet north 4~o40' east of the northeast corner ~f a
triangular shaped tract of land owned by the C~ty of Denton upon
which ~s located a water well,
THENCE north 47o45' west a d~stance of $~ feet to a point for
8 corner,
THENCE north 42o15' east a d~stance of 10 feet to a point for
a corner,
THENCE south 47o4s' east a d~stance of ~ feet more or less to
a point for a corner ~n the northwesterly l~ne of sa~d H~gbway
10 (Sherman Dr~ve),
THENCE south 4So 40' west w~th the r~ght of way l~ne of
Highway 10 {Sherman Dr~ve) a d~stance of 10 feet more or less to
the place of beglnntng
SECTION II
That the Mayor and C~ty Secretary are hereby authorized to
execute and del~ver that certain quitclaim deed attached hereto
and ~ncorporated herein conveying sa~d utility easement
described there~n to Osborne Grocery Company, a Corporation
SBCTION III
That port,on of the public utility easement here~n described
being vacated, abandoned, and closed ~s made subject to ail
PAGE ONE
ex~stlng zoning regulations and deed restrictions, ~f any, and
sub3ect to all ex~st~ng easement r~ghts of others, ~f any,
whether apparent or not
SECTION IV
Th~s 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 by the C~ty Council of the C~ty of
Denton, Texas, th~s the 16th day of November~ 1982
/~ o~s~w~, ~o~
FCI~ OF ~TON, T~XAS
ATTE~
~CKI WELLING, DBPU~
CITY SBCRBT~Y
CITY OF DBNTON, T~XAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS ,/~
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