2003-032NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND
VACATING ITS DRAINAGE EASEMENT RECORDED UNDER DENTON COUNTY
CLERK CERTIFICATE NO. 94-071419 IN 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 drainage easement containing
approximately 0.060 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 under
Denton County Clerk Certificate No. 94-071419 in 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 drainage purposes
because the developer of Bellaire North has provided substitute drainage facilities that make
the easement unnecessary; and
WHEREAS, the City Council hereby finds and determines that the Easement is not
needed for drainage 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.
and approval.
This ordinance shall become effective immediately upon its passage
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 2,400 SQUARE FOOT TRACT OR PARCEL OF LAND SITUATED
IN THE WILLIAM LLOYD SURVEY, ABSTRACT NO. 773, DENTON COUNTY, TEXAS BEING
PART OF THAT CERTAIN TRACT OF LAND CONVEYEB TO D.L, PORTERFIELD, TRUSTEE
FROM ETHAL LEE BUSH BY DEED RECORDED IN VOLUME 677, PAGE 85 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS SAID 2,4,00 SQUARE FOOT TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND PK NAIL AT THE INTERSECTION OF THE CENTERLINE OF
MOCKINGBIRD LANE AND AUDRA LANE, BEING THE OCCUPIED SOUTHEAST CORNER OF
SAID PORTERFIELD TRACT AND THE SOUTHEAST CORNER OF SAID LLOYD SURVEY;
THENCE NORTH 89 DEG. 59 MIN. 44 SEC. WEST WITH THE SOUTH LINE OF SAID
PORTERFIELD TRACT AND LLOYD SURVEY IN AUDRA LANE A DISTANCE OF 638.24,
FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89 DEG. 59 MIN. 44, SEC. WEST WITH THE SOUTH LINE OF SAID
PORTERFIELD TRACT AND LOYD SURVEY, PASSING AT 27.00 FEET THE NORTHWEST
CORNER OF A TRACT OF LAND CONVEYED TO CARL LAIRD AND WIFE, SYLVIA LAIRD BY
DEED RECORDED IN VOLUME 1045, PAGE 419, DEED RECORDS, DENTON COUNTY,
TEXAS, AND CONTINUING FOR A TOTAL DISTANCE OF 4,0.00 FEET TO A POINT FOR
CORNER;
THENCE NORTH O0 DEG. O0 MIN. 16 SEC EAST A DISTANCE OF 59.78 FEET TO A
POINT FOR CORNER;
THENCE SOUTH 89 DEG, 59 MIN. 44 SEC. EAST A DISTANCE OF 40.00 FEET TO A
POINT FOR CORNER;
THENCE SOUTH O0 DEG. O0 MIN. 16 SEC. WEST A DISTANCE OF 60.22 FEET TO THE
POINT OF BEGINNING AND CONTAINING 2,400 S,F. OF LAND.
I inch = 200 feet
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