2003-031ORDINANCE NO. af&P - /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND
VACATING ITS SANITARY SEWER EASEMENT RECORDED IN VOLUME 919,
PAGE 96 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING
LOCATED IN BELLAIRE NORTH, AN ADDITION TO THE CITY OF DENTON; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Shepherd Place Homes, Inc., has made a request to the City Council of
the City of Denton, Texas to close and abandon a sanitary sewer easement containing
approximately 0.441 acre of land and located in Bellaire North, an addition to the City of
Denton, Texas, as more particularly described in that certain easement recorded in Volume
919, Page 96 of the Deed Records of the Denton County, Texas (the "Easement"); and
WHEREAS, the City of Denton Engineering Department has reviewed the Easement
and determined that it is excess easement and is not needed for future sanitary sewer
purposes because the developer of Bellaire North has provided substitute sanitary sewer
facilities that make the Easement unnecessary; and
WHEREAS, the City Council hereby finds and determines that the Easement is not
needed for sanitary sewer easement purposes and it is in the public interest to abandon the
Easement and the City's interests therein to the underlying fee owner, Shepherd Place
Homes, Inc. ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this
ordinance are incorporated herein by reference. The Easement is hereby vacated and
permanently abandoned with all of the City's right, title and interests being quit claimed to
the Owner. 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.
SECTION 2. This ordinance shall become effective immediately upon its passage
and approval.
PASSEDANDAPPROVEDthisthe ¢¢ dayof ~.;~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
Page 2
EXHiBiT "A"
EASEMENT ABANDONMENT
CITY OF DENTON, DENTON COUNTY,
TEXAS
BEING ALL THAT CERTAIN 19,196 SQUARE FOOT TRACT OR PARCEL OF LAND SITUATED
IN THE WILLIAM LLOYD SURVEY. ABSTRACT NO. 77,3. DENTON COUNTY, TEXAS BEING
PART OF THAT CERTAIN TRACT OF LAND CONVEYED TO D.L. PORTERFIELO. TRUSTEE
FROM ETHAL LEE BUSH BY DEED RECORDED IN VOLUME 677, PAGE 85 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS SAID 19.196 SQUARE FOOT TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A [rOUND PK., NAiL AT THE INtERSECTiON OF THE CENTERI. tNE OF
MOCKINGBIRD LANE AN~ AuDRA LANE. BEING TH~E OCCUPieD' SOUTH!EAST CORNER OF
SAID POR~RRELD ~ACT A~D THE 50~THEAST C~NER CF SAID LLO~ SURLY;
~ENCE NOR~ 89 DEG. 59 MIN. 44 SEC. ~ST WI~ THE SOUTH LINE OF SA~D
POR~RFIELD TRACT AND LLOYD SURVEY IN AUDRA LANE A DISTANCE OF 302.23
FEET TO THE POINT OF BEGINNING;
~ENCE NORTH 89 DEG. 59 MIN. ~4 SEC. ~ST ~ ~E SOU~ LINE OF SAID
POR~RFIELD ~ACT AND LOYD SURVEY. FOR A DISTANCE OF 20,02 FEET TO A POINT
FOR CORNER;
THENCE NOR~ 02 DEG. 50 MIN 34 SEC EAST A DISTANCE OF 6~4.97 FEET TO A
POINT FOR CORNER;
POINT FOR CORN~' IN THE EAST LINE OF SAND PO~[RFIELD ~ACT ANO LLO'~
SURVE~¢, SAID'POiNT ALSO BEING IN ~E ~[N~RUNE O~ MOCKtNG~I~O LANE:
THENCE SOUTH 02 DEG. 23 MiN. 59 SEC~ EAST ALONG SAID COMMON LINE A
DISTANCE OF 20.07 FEET TO A POINT FOR CORNER;
~ENCE NOR~ 87 DEG. 30 MIN. 34 SEC. ~ST A DISTANCE OF 315.18 FEET TO A
POINT FOR CORNER;
~[N~E 50U~ 02 DEG, 5~ MIN. 54 5EC, EAST A DISTANCE OF 624,01 FEET fO THE
POINT 0¢ 'BE~'INNING ANO CONTAINING 39:195 5, F. OR 0:4~1 ACRES OF LAND,
EXHIBIT "B"
EASEMENT ABANDONMENT
CITY OF DENTON, DENTON COUNTY,
TEXAS
uric,