2003-189ORmNANCE NO. q
AN ORDINANCE ABANDONING AND VACATING A PORTION OF AN
ELECTRIC LINE EASEMENT FROM L. R. STRICKLAND TO BRAZOS RIVER
TRANSMISSION ELECTRIC COOPERATIVE, INC. RECORDED IN VOLUME 386,
PAGE 59 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND A
PORTION OF AN ELECTRIC LINE EASEMENT FROM GRACE STARR
COPELAND, JAMES C. COPELAND, MALrDE STARR ELLIS, J. F. STARR, C.D.
STAR, W. P. STARR, ANN R. BOYD, F. L. STARR, ANNIE STARR WHALEY,
JACK STARR, EUNICE STAR THOMAS, T. M. STARR, SUSIE STARR SARGENT,
O. L. SARGENT, B. L. ELLIS AND C. M. STAR TO BRAZOS RIVER
TRANSMISSION ELECTRIC COOPERATIVE, INC. RECORDED IN VOLUME 384,
PAGE 121 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND
SUBSEQUENTLY ASSIGNED TO THE CITY OF DENTON IN AN INSTRUMENT
RECORDED IN VOLUME 2736, PAGE 825 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS IN THE SAMUEL KEPHART SURVEY,
ABSTRACT NO. 721 AND THE GEORGE MCGLOTHLIN SURVEY, ABSTRACT
NO. 888 AND THE A. SERREN SURVEY, ABSTRACT NO. 1198 AND THE B.B.B.
& C.R.R. SURVEY, ABSTRACT NO. 190, SAID PORTION BEING ON THE
TRACTS OF LAND AS DESCRIBED IN THE DEED TO LAKE SHARON L.P.
RECORDED IN VOLUME 4122, PAGE 1957 AND VOLUME 4017, PAGE 875 OF
THE DEED RECORDS, DENTON COUNTY, TEXAS AND THE DEED TO ACLP
SWISHER ROAD COMMERCIAL, L.P. RECORDED BY COUNTY CLERK FILE
NUMBER 99-R0006837 REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, AND THE DEED TO LAKE SHARON CHRISTIAN CENTER INC.,
RECORDED IN VOLUME 4107, PAGE 2239, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for the abandonment of a
portion of that certain electric easement recorded in volume 2736, page 825 of the Real
Property Records of Denton County, Texas (the "Electric Easement") fi~om the
underlying and abutt'mg fee simple owner; and
WHEREAS, the portion of the Electric Easement to be abandoned is illustrated in
Exhibit "A" and described 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
Abandoned Area and determined that this easement area is not needed for future electric
utility proposes; and
WHEREAS, the City Council hereby finds and determines that the Abandoned
Area is not needed for electric easement purposes and it is in the public interest to
abandon the Abandoned Area and the City's interests therein to the current underlying
and abutting landowner ("Current Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The Abandoned Area is vacated and permanently abandoned as an
Electric Easement. All other portions of the Electric 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 //'~ --f~day of ~(~(f/f__2 ,2003
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
B Y
NORTH
Save & Except Tract I Detail
...---- Relocated ElecMc Line
Tract 2
Save & Except Tract 2 Detail
EXHIBIT A
Drawn By: Mark A. Laird
Date: 5/23/03
Project Name: Lake Sharon Prope~es
Scale: Not to Scale
Save & Except
Tract 1
Exhibit B
LEGAL DESCRIPTION
On a portion of an Electric Easement
Out o£ the A.fl. SERREN SURVEYA-1198, the S. I~PHART SURVEYA-?21, the GEORGE W. McGLOTHLIN
SURVEY A-EB%, and the 8.8.8. & C. RR SURVEY A-190
Corinth, Denton County, Texas
BEING all that certain tract, parcel or strip of/and out of the A.H. SERREN SURVEY A-1198, the S. KEPHART
SURVEY A721, the George W. McGLOTHLIN SURVEY A-888, and the B.B.B. & C. RR SURVEY A-190 in the O'ty
of Corinth, Denton County, Texas desofbed by easements recorded in Volume 386, Page Sg and Volume
Page 121 Deed Records, Denton County, Texas and the center line of the said easement moro particularly
described as follows:
BEGINNING at a point in the north line of the tract described by deed recorded in Volume 446, Page 657,
Deed Records, Denton County, Texas that is 697.6 feet, S 89° 40'E from the comer described in the easement
as "an £ corner between the South P~ A.H. Sorron Survey & 8.B. 8. & CR.R. ~urvey~, that has Texas
Coordinate $ystem, North Central Zone 1983-1999 coordinates of X = 240040E. 57 and Y = 7101477.44 feet;
THENCE: lea~ng the said north line, 5 38° 22' W, 1152.0 feet to a point between the remains o£ two old
power po/es for an angle point;
THENCE: conO'nuing with the center o£ the said easement, $13° 41' W, 1201.0 feet to an angle point in the
said easament;
THENCE: S 75° 55' W, 893.0 feat to an angle point lo the said easement;
THENCE: $ 36° 23' W; passing at 239 feet a fence line;/n ali, 662.8 feet to a point for comer in a fence line
and the west side of that tract described in Volume 155, Page 401, Deed Records, Denton County, Texas.
This being the center//ne as found on the ground during the months of February through April 2003, and the
original document being thirty feet either side of this described//ne.
SAVE & E)tCEPT THE FOLLOWING TWO TRACTS:
BEING all that certain tract, parcel, or stn'p of/and out of the A.H. ~erren Survey A-1198 in the City of Corinth,
Denton County, Texas described by the document recorded/n Volume 386, Page $9, Deed Records of Denton
County, Texas and more particularly described as follows:
BEGINNING at a point for corner in the north fence line of the tract descfil~l by d~l recorded in Volume
446, Page 657 Ccd Records of Denton County, Texas that i$ $60.1 feet, S B9~ 44'E from a one-ha/finch iron
rod found for the northeast comer of that tract de~dbed by deed recorded in Volume 4017, Page 875 Rea/
Property Records, Denton County, Texas and having Texas Coordinate System, North Central Zone 1983-1999
coordinates ofX=2400570.,t5 and Y=7101477.61 feet;
THEIVCE: with the north line o£ the said tract; $ 89° 44'E, 76.2 feet to a point for comer;
THENCE.: leaving the said line, $ 38° 22' W; being 30 feet from and para/Id with the removed electric
transmission line, 103,5 feet to a point for comer; ~
Page Two, Lake Sharon
THEN~: N 51° 38' ~ 60.0 feet to a point for a corner;
THEIVC~: N 38° 22'E, 56.5 feet to the p/ace of beginning and containing 0.]]02 acre~ of/and more or/ess as
surveyed by john hal/jr rp/s #1970 dudng the month of ApH/ 2003.
BEING ali that certain tract, parcel, or stn'p of/and out of the GEORGE McGLOTHLIN SURVEY A-S88 in the O'ty
of Codnth, Denton County, Texas described by the document recorded in Volume 131, Page 401, Deed
Records of Donton County, Texas and more parb'cularly desofbed as follows:
BEGINNING at a point for comer/n the north fence line of the tract desc~'bed by deed recorded in Volume
1549, Page 955, Rea/Property Records of Denton County, Texas that is 328.9 feet, $ 01° 00' W from a one-
half inch iron rod found for the northwest comer of that tract described by deed recorded in Volume 4262,
Page 121 Rea/Property Records, Denton County, Texas and having Texas Coordinate System, North Central
Zone 19E$-1999 coordinate~ of X--25~8144. g6 and Y=7098700.20 feet;
THENCE: leaving the seid line, N 36" 23'E, 10.7 feet to a point for a comer;
THENCE: $53° 37'E, 60.0 feet to a point for comer in the old southeast line of the seid easement described/n
Volume 384, Page 121, Dccd Records of Denton County, Texas;
THENCE: with the ~aid easement line, $$6° 23' W, 89.3 feet to a point for corner in the west line of the seid
tract described by deed recorded in Volume 1549, Page 955, Deed Records of Denten County, Texas
THENCE: with the ~aid line, N 01° 00' W, 9~.8 feet to the place of beginning and containing 0.0688 acres of
/and more or le~ as surveyed by john hal/jr rpls # 1970 during the month of Apd/ 2003.
Beadng~, distances and coordinates shown herein are grid per the Texas Coordinate System. To obtain
surface di~ances, multiply by 1.~01546. Areas shown are surface.
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