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.
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EXHIBIT B
State of Texas
Volume 348 Page 581
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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
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NM Cor. 100.24 as C
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(416/497)
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Volume 1796 Page 601
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SCALE: 1" = 100'
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N~1CJr1 NOTES:
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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
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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
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