2003-019Om)INANCE NO.
AN ORDINANCE PARTIALLY ABANDONING AN EASEMENT ASSIGNED TO
THE CITY OF DENTON AS RECORDED IN VOLUME 538, PAGE 666, DEED
RECORDS, DENTON COUNTY, TEXAS, FROM AN EASEMENT PREVIOUSLY
GRANTED TO TEXAS POWER & LIGHT COMPANY BY DEED AS RECORDED
IN VOLUME 231, PAGE 179, DEED RECORDS, DENTON COUNTY, TEXAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for the partial
abandonment of certain utility easement recorded in volume 538, page 666 of the Deed
Records of Denton County, Texas (the "Utility Easement") from the underlying and
abutting fee simple owner; and
WHEREAS, the portion of the Utility Easement to be abandoned is described in
Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by
reference (the "Abandoned Area"); and
WHEREAS, the City of Denton Engineering Department has reviewed the
Property and determined that this easement area is not needed for future utility purposes;
and
WHEREAS, the City Council hereby finds and determines that the Property is not
needed for utility easement purposes and it is in the public interest to abandon the
Property and the City's interests therein to the current underlying and abutting landowner
("Current Owner"); NOW, THEREFORE,
THE COLrNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The Abandoned Area is vacated and permanently abandoned as a
utility easement. All other portions of the Utility Easement not abandoned herein or
previously abandoned will remain in full force and effect.
SECTION 2. The interests of the City of Denton in the Abandoned Area are
hereby released and will revert to the owners as provided by law.
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the~/~LZ-day of ~t~.~ 2003
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PR~Io~J(, CITY ATTORNEY
BY: ~
STATE OF TEXAS §
COUNTY OF DENTON §
LEGAL DESCRIPTION
f
BEING the centerline of an easement to Texas Power & L!ght Company according to
the deed filed for record in Volume 231, Page 179, Deed Records, Denton County,
Texas and being reassigned to the City of Denton according to the deed filed for
record in Volume 538, Page 666, Deed Records, Denton County, Texas and being
situated in the City of Denton, Denton County, Texas out of the J.D. Lilly
Survey, Abstract No. 762 and being part of Lot 2, Block A, Bluffview Villas
according to the plat thereof recorded in Cabinet U, Page 516, Map Records,
Denton County, Texas, also being part'of a 29.137 acre described tract of land
conveyed to TX Bluffview Housing, L.P. according to the deed filed for record ih
Volume 4829, Page 04011, Deed Records, Denton County, Texas and being more
particulary described as follows:
COMMENCING at a 1/2" iron rod found with plastic cap stamped "SENT CORP RPLS
4001" in the north right of way line of Bingo Road (variable-width right of way)
and being the southwest corner of said Lot 2;
THENCE, along said north right of way line, North 52 degrees, 20 minutes, 42
seconds, East,' a distance of 563.71 feet to the POINT OF BEGINNING;
THENCE, departing said north right of way line, North O0 degrees, 57 minutes, O0
seconds, West, a distance of 570.95 feet to a point;
THENCE, South 89 degrees, 56 mtnutes,'O0 seconds, West, a distance of 429.00
feet to a point in the west line of said Lot 2, from which a 1/2" iron rod found
~ou~las../S'... Loomis
Registered Professional Land Surveyor No. 5199
LOT 2, BLOCK A
BLUFFVIEW VILLAS
(CABINET U, PAGE 516, M.R,D.C.T.)
J.D. LILLY SURVEY~ ABSTRACT NO. 762
Dote: 11/07/2002 Sc=I,: 1'-200° Prolect No. 021002
8 ! ! a. eL~o Parkway
(972) 424-7002 Voice
(972) 633-1702 Fax
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= R~S~GNEO TO'
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LOT 2, BLOCK A sii ~.~o~
BLUF~IEW VIL~S ~ Pimo, ~ ~074
(CABIN~ U, PAGE 516, M.R.D.C.T.) ~)
J.D. LILLY SURV~, AB~CT NO. 762
Oa~e: 11~07~2002 Scale: 1'=200' Pro,ct No. 0210024