2004-077ORDINANCE NO. dOOd- 7 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND
VACATING A 1,960.20 SQUARE FOOT PORTION OF STREET RIGHT-OF-WAY
FOR FAIN AVENUE AS IT AFFECTS LOT 1, BLOCK 1 OF THE D.H. FRY
ADDITION AS RECORDED IN VOLUME 75, PAGE 74 OF THE PLAT RECORDS
OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") has received a request from the
abutting landowner, Joe Lanham (the "Landowner") to vacate and abandon a certain
street right-of-way; and
WHEREAS, the property to be abandoned is described and illustrated in Exhibit
"A", attached hereto and made a part hereof by reference (the "Abandoned Property");
and
WHEREAS, staff has reviewed the requested abandonment of the Abandoned
Property and has recommended approval; and
WHEREAS, the City Council of the City of Denton, Texas has determined that
the Abandoned Property is no longer needed for public use; and
WHEREAS, the Landowner has deposited with the City the sum of $3195.00 for
the purchase of the Abandoned Property which is the fair market value of the Abandoned
Property; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The Abandoned Property in hereby abandoned and all right, title
and interest of the City in and to the Abandoned Property is hereby quit claimed to the
abutting Landowner. A certified copy of this ordinance may be recorded in the Real
Property Records of Denton County, Texas to evidence this abandonment and quit claim.
If requested by the Landowner the City Manager or his designee is hereby authorized to
execute on behalf of the City a quit claim deed to the Landowner to further evidence this
abandonment.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the ~ff_/~day of ~/{,~ ,2004.
EULINEBROCK, M AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY: '~ c.~'f/' / f
Page 2
STREET ABANDONMENT EXHIBIT
Exhibit
FAIN AVENUE t
~-iRS/C~P.~_ o -- ,H~7'40'43"EI]31'42 ~I ~ IR
~ ~9~ 0 LOT 1, BLOC~ 1
VOLUME 75, PAGE 74
THENCE North 8g degrees 53 m;nutes 50 seconds west with the North line of sold Lot 1
j ~' copped iron rod set ~or corner:
1" ~ 30'
LEGEND CERTIFICATION: I hereby codify that I hove
BM = B~CHU~ ~ directed ond supe~ised on occuro[e on the THIS SURVEY [S
rr - RMV0 ~~ ground su~ey of the premises depicted VALID W]TE ~BOSS~9 S~R[
....~ ~"u"~ ~ ,~__,__~___~
~' ~[~ ~ ' eRI~ URVEYING ~.B. THO"PSON I1