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2003-224ORDINANCE NO. X00,?- 5~4 AN ORDINANCE ABANDONING AND VACATING A PORTION OF A SEWER LINE EASEMENT FROM J. NEWTON RAYZOR TO THE CITY OF DENTON, AS RECORDED IN VOLUME 514, PAGE 581 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING A PART OF THE E. PULCHALSKI SURVEY, ABSTRACT NO. 996; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the underlying fee simple owner for the abandonment of a portion of that certain sewer easement from J. Newton Rayzor to the City of Denton, as recorded in Volume 514, Page 581 of the Real Property Records of Denton County, Texas (the "Existing Easement") said portion to be abandoned being particularly described and depicted in Exhibits "A" and "B" attached hereto and made a part hereof by reference (the "Abandoned Easement Area); and WHEREAS, the City of Denton Engineering Department has reviewed the Abandoned Easement Area and determined that this easement area is not needed for future sewer purposes; and WHEREAS, the underlying fee owner has granted replacement easements to the City of Denton for sewer facilities which have a greater or equal fair market value then the Abandoned Easement Area; and WHEREAS, the City Council hereby finds and determines that the Abandoned Area is not needed for sewer easement purposes and it is in the public interest to abandon the Abandoned Easement Area and the City's interests therein to the current underlying landowner ("Current 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. SECTION 2. The Abandoned Easement Area is vacated and permanently abandoned as a sewer easement. That portion of the Existing Easement not included within the Abandoned Easement Area will remain in full force and effect. SECTION 3. The interests of the City of Denton in the Abandoned Easement Area are hereby quitclaimed and released and will revert to the fee simple owners as provided by law. A certified copy of the ordinance may be recorded in the Denton County Real Property Records. The City Manager or his designee is authorized to execute and deliver to the fee simple owner a quitclaim deed quitclaiming all of the City's right, title and interest in and to the Abandoned Easement Area. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the po~~- day of~ 2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.1 ROUTY, CITY ATTORNEY BY: Page 2 QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas (the "Grantor"), in consideration. of the sum of One Dollar and No Cents ($1.00) and other good and valuable consideration in hand paid by L Newton Rayzor (the "Grantee"), the receipt of which is hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, its successors and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Denton and State of Texas, described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part by reference (called the "Property"). TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part thereof. Witness my hand, this the OV - day of _V 2003. C , By: Michael A. Condu City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged fore me on o(#- Michael A. Conduff, City Manager, City of Mon. i Notary Public, in add for t State of Texasr ? ANN MRWHE My Commission Expires: My COMMISSION EXPIRES =fW. May 9,2W6 EXHIBIT A Field Notes - 0.11 Acres BEING a 0.11 acre lot, tract or parcel of land lying and being situated in Denton County, Texas, being a part of the E. Puchalski Survey, Abstract No. 996, and being part of a certain tract of land entitled "Tract Three", conveyed by Eugenia Porter Rayzor to Rayzor Investments, Ltd. as described in a Deed recorded in Volume 1796, Page 601, of the Deed records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a'/2" iron rod found in the apparent west right-of-way line of Bonnie Brae street for the northeast corner of a called 100.25 acre tract of land deeded to J. Newton Rayzor January 11, 1956, as shown in Volume 418, page 497 of the Deed Records of Denton County, Texas; said point being in the north property line of said "Tract Three", and said point also lying on the south line of a tract of land described in deed to the State of Texas recorded in Volume 348, page 581, Deed Records of Denton County, Texas; THENCE South 0°02'44" East, with the apparent west right-of-way line of Bonnie Brae, for a distance of 190.00 feet to the Point of Beginning of the herein described 0.11 acres; THENCE South 0°02'44" East, continuing with said right-of-way line, 10.00 feet; THENCE South 84°14'35" West, departing Bonnie Brae street, for a distance of 469.94 feet to a point in the southeast line of a 0.23 acre sanitary sewer easement to the City of Denton; THENCE North 53°07'43" East, along the southeast side of the 0.23 acre easement, for a distance of 19.26 feet; THENCE North 84°14'35" East, departing said 0.23 acre easement, for a distance of 454.45 feet to the Point of Beginning and containing 0.11 acres of land, more or less. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83), as determined by G.P.S. This description is based on a survey and sketch made by Charles R Mcllroy, Registered Professional Land Surveyor Number 5136, Teague Nall and Perkins, Inc., dated June 25, 2003. L: ILDDIDEN02309WocslEsmt_abandon_,fldnotes.doc 1200 0625.03 3 I h ^7 t 3 2 l~ r IQ r N IW 2 r _ r j_j I r ! r r EXHIBIT B State of Texas Volume 348 Page 581 &4 Fnd. wood. bollard Rayzor Investments, Ltd. Volume 1796 Page 601 10' Sanitary Sewer Esmt. Volume 514 Page 581 N 53'07'43 E, 49 26! N 84'14'35' E. 454.41' 0.11 ACRES P.O.C. ---i NM Cor. 100.24 as C J. Newton Rayzor trod (416/497) I.1' I *I NI C I 5~ 5 `pF~•dQ4 I I - I Ld 00-00 M N M 00 00 to S 84'1469.94' 8 0.23 ac. sanitary sewer easement to City of Denton (Vol.----, page Rayzor Investments, Ltd. Volume 1796 Page 601 .Or1' O C2 0 50 100 200 SCALE: 1" = 100' t~eY N~1CJr1 NOTES: G 1 I P~ L'prJ~ 1. Bearings ore based on the Texas Slate Plane eye A~J Coordinate System, North Central Zone (NAD83), as YU determined by G.P.S. 2. Integral ports of this survey, o. Field Notes b. Sketch I I 7 Lat iR'~~ tian school ^d San. Sewer Easement I. the upl tY6k R, 41de 181 to be abandoned II i~ Situated in the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas II COIt \N.E. fire, 'Tr. n (1798/60 ( w a m Ld z z El T w ,tr~,~o •°RFOT9 TEAGUE NALL AND PERMNS Prepared By, ralQ 1 ;N aowe vc rt sa aw a za a a as June 25, 2003 cNARL~s Rt16ERr we9xor 1 1 0 0 M a c o n S t r a a t .yu..ou............ '..a 5136 v; Fort Wor texas 76102 Date: q (617) ) 3 336-5773 ••••~'z 9 5 %W !'VS SUR.~{ JOB NO. DEN02309 e v