1980-003No SO -3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
CLOSING AND VACATING ALL OF THE UTILITY EASEMENT DESCRIBED IN A
CERTAIN EASEMENT DATED OCTOBER 31, 1979, AND FILED OF RECORD IN
VOLUME 984, PAGE 90 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS
FROM HARRY R BERGERUD AND WIFE, GLADYS J BERGERUD TO THE CITY
OF DE TON, TEXAS, PROVIDING FOR THE REVERSION OF THE FEE TO
SAID LAND; AUTHORIZING NECESSARY LEGAL DOCUMENTS TO BE PREPARED
AND SIGNED, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton, Texas,
acting pursuant to law, and upon the request and petition of
the Grantee herein, deems it advisable to abandon and convey
the hereinafter described utility easement to Grantee and is of
the opinion that the original utility easement hereinafter
described is not needed for public use, 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 back to Grantee,
Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS
SECTION I
That the hereinafter described public utility easement be
and the same is, hereby estinguished, vacated and permanently
abandoned as an easement for public utilities insofar as the
right, title and easement of the public are concerned
All that certain lot, tract or parcel of land lying and being
situated in the J McGowan Survey, Abstract No 797, and being
part of Lot No 24, Block B of the Timber Oaks Estates, an
addition to the City and County of Denton, and also being part
of a tract of land as conveyed from Jason Homes, Inc to Harry
R Bergerud and wife, Gladys J Bergerud by deed dated Septmber
17, 1979 and recorded in volume 975, Page 491 of the Deed
Recor s of Denton County, Texas, and more particularly
described as follows
BEING the west 5 0 feet of said tract and being 117 00 feet in
length and containing 585 00 square feet of land, more or less
SECTION II
hat the abandonment and conveyance provided for herein
shalllextend to the right, title, easement and interest of the
City of Denton, and shall be construed to extend only to that
interest the governing body of the City of Denton may legally
and 1I~wfully abandon and vacate
SECTION III
That this abandonment and conveyance is made subject to
all present zoning and deed restrictions, if the latter exist,
the dedication of new easements, and is subject to all existing
easement rights of others, if any, whether apparent or non-
apparent, aerial, surface, underground or otherwise
SECTION IV
That the City Attorney is hereby authorized to prepare and
deliver whatever legal documents are required with regard to
the area abandoned and conveyed herein, should such be
requested by Grantee hereunder, the same to be executed by the
Mayor on behalf of the City of Denton, and attested by the City
Secretary
SECTION V
That the City Secretary is hereby authorized to certify a
copy of this ordinance for recordation in the Deed Records of
Denton County, Texas, and a certified copy of same shall be
delivered to Grantee upon receipt of the fee for publishing
this ordinance
SECTION VI
This ordinance shall take effect immediately from and
after its passage and publication in accordance with the
provisions of the Charter of the City of Denton
PASSED AND APPROVED this the22nd day of Tanuary, 1980
1
I NASH, MAYOR
CITY OF DENTON, TEXAS
ATTEST
BR K , ITY ECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
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BY
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