1999-013X
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Additional File Contains Records Not Public, According to the Public Records Act
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FILE(S) Date Initials
Document has been filed with the County Clerk's Office-original
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ORDINANCE NO ¢2¢ 0/,
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A 0 5493 ACRE TRACT
OF LAND CONSTITUTING A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY
LOCATED GENERALLY WITHIN WEST PRAIRIE STREET BETWEEN BONNIE BRAE
STREET AND THE FRONTAGE ROAD FOR INTERSTATE HIGHWAY 35, PROVIDING A
RESERVATION WITHIN SUCH ACREAGE OF A PUBLIC UTILITY EASEMENT
PURPOSES, PROVIDING FOR THE EXECUTION OF A QUIT-CLAIM DEED TO THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PORTION OF THE PUBLIC
RIGHT-OF-WAY BEING ABANDONED AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request from the Texas Department of
Transportation for abandonment of a 0 5493 acre of land constituting pubhc street right-of-way
located between two tracts of land owned by the State of Texas, and
WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas
reviewed the requested abandonments and recommended approval, and
WHEREAS, the Council of the City of Denton, Texas has determined that the street
right-of-way described m Exhibit "A" rs no longer needed for public street purposes, and
WHEREAS, that the process for determining the fair market value of that portion of the
public street right-of-way being abandoned, as applicable, pursuant to Section 272 001 of the
Texas Local Government Code relating to the conveyance of easements to abutting property
owners who own the underlying fee simple, shall be followed in effectuating this abandonment,
NOW, THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
.~ That the 0 5493 acre of land constituting public street right-of-way as
described m Exhibit "A', which is attached hereto and made a part hereof for all purposes, and
commonly known as that portion of West Prtune Street between Bonnie Brae Street and the
frontage road of Interstate Highway 35, is hereby permanently vacated and abandoned as a
public street, provided, however, that there is hereby expressly reserved and excepted from
vacation and abandonment a public utility easement in stud 0 5493 acres
~ That by reason of such vacation, the City of Denton's property interest in
the vacated portion of sand public street right-of-way shall, by operation of law, revert to the
owner or owners abutting the street right-of-way easement herein abandoned, and the City of
Denton releases any and all cltums to the use of the vacated portion of smd property for public
street purposes
~ That the City Manager, in behalf of the City of Denton, is hereby
authorized to execute a qmt-clmm deed conveying the C~ty ~nterests ~n the public street right-of-
way not heremabove reserved for public utility easement purposes to the Texas Department of
Transportation
~ That this ordinance shall become effective ~mmedlately upon its passage
and approval
PASSED AND APPROVED tlus the d~-- day of ~-~ff ,1999
JACK/~!-I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated in
the City and County of Denton, State of Texas in the E. Puchalski
Survey, Abstract Number 996 and being part of a tract conveyed to the
City'of Denton by deed from M.F.M. Combination Saw and Machinery
Company and W.C Potter and wife, Maydell Wallace Potter recorded in
Volume 350, Page 147 of the Deed Records of Denton County, Texas
and being more particularly described as follows:
COMMENCING at the northeast corner of a tract 2.2408 acre tract
conveyed to the State of Texas by deed recorded as Clerk's File Number
97-R0005444 in the Real property Records of Denton County, Texas,
said point being the intersection of the southern right-of-way line of
West Prairie Street and the western right-of-way line of Bonnie Brae
Street (formerly Avenue I);
THENCE South 89° 47' 45" West along the north line of said State of
Texas tract and the south right-of-way line of West Prairie Street a
distance of 25.00 feet to the POINT OF BEGINNING;
THENCE South 89° 47' 45" West continuing along the north line of said
State of Texas tract and the south right-of-way line of West Prairie
Street a distance of 398.80 feet to a point for corner;
THENCE North 00° 12' 15" West a distance of 60.00 feet to a point for
corner, said point lying on the north right-of-way line of West Prairie
Street and the south line of a 7.034 acre tract conveyed to the State of
Texas by deed recorded in Volume 382, Page 598 of the Deed Records of
Denton County, Texas;
THENCE North 89° 47' 45" East along said lines a distance of 398.80
feet to a point for corner;
THENCE South 00° 1~' 15" East ~ distance of 60 feet to the POINT OF
BEGINNING, and containing 0.$,~93 acre of land.
11-24-t998
4260 00408 c~~~s ,~~z
~on9q~,_ otoo~o r~~VJ
QUIT CLAIM DEED (j' (]
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
00598'7
THAT the City of Denton, Texas, a municipal corporation of the County
of Denton, State o£ Texas, in consideration o£ the sum of one dollar
($1.00) and no cents and other good and valuable consideration in hand
paid by the State of Texas the receipt of which is hereby
acknowledged, do by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
QUIT CLAIM unto the State o£ Texas, its successors and assigns, all its
right title and interest in and to that certain tract or parcel o£ land
lying in the County o£ Denton and State o£ Texas, described as follows,
to-wit:
SEE EXHIBITS 'A' & 'B' ATTACHED
TO HAVE AND TO HOLD said premises, together with all and singular
the rights, privileges and appurtenances thereto in any manner
belonging unto the said State of Texas, its successors and assigns,
forever, so that neither the City of Denton, Texas, its successors nor
any person. or persons claiming under it shall, at any time hereafter,
have claim or demand any right or title to the aforesaid premises or
appurtenances, or any part thereof.
Witness my hand, this the ~~ day of 1999.
CITY OF DENTON, TEXAS
By:
'c ael W. Je Ci y Manager
4260 00409
ACKNOWLEDGD~NT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged befor,~me on ~,~ ~,~f" 1999
by Michael W. Jez, City Manager, City( ~f Dentox~~.
-~--__~ _..~,__.., _.. o....
My Commission Expires:
~a...' c1
`'"'°"^,: ANN FORSYTHE
~ Notary Publio, State of Taxes
°~ My Cammluian Expires
~,~o, ,,
'~ ~~ MAY 9, 2002
C
4260 00410
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated in
the City and County of Denton, State of Texas in the E. Puchalski
Survey, Abstract Number 996 and being part of a tract conveyed to the
City of Denton by deed from M.F.M. Combination Saw and Machinery
Company and W.C Potter and wife, Maydell Wallace Potter recorded in
Volume 350, Page 147 of the Deed Records of Denton County, Texas
and being more particularly described as follows:
COMMENCING at the northeast corner of a tract 2.2408 acre tract
conveyed to the State of Texas by deed recorded as Clerk's File Number
97-R0005444 in the Real property Records of Denton County, Texas,
said point being the intersection of the southern right-of--way line of
West Prairie Street and the western right-of--way line of Bonnie Brae
Street (formerly Avenue n;
THENCE South 89° 47' 45" West along the north line of said State of
Texas tract and the south right-of--way line of West Prairie Street a
distance of 25.00 feet to the POINT OF BEGINNING;
THENCE South 89° 47' 45" West continuing along the north line of said
State of Texas tract and the south right-of--way line of West Prairie
Street a distance of 398.80 feet to a point for corner;
THENCE North 00° 12' 15" West a distance of 60.00 feet to a point for
corner, said point lying on the north right-of--way line of West Prairie
Street and the south line of a 7.034 acre tract conveyed to the State of
Texas by deed recorded in Volume 382, Page 598 of the Deed Records of
Denton County, Texas;
THENCE North 89° 47' 45" East along said lines a distance of 398.80
feet to a point for corner;
THENCE South 00° 12' 15" East a distance of 60 feet to the POINT OF
BEGINNING, and runtaining 0.5493 acre of land.
11-24-1998
i
8 "260 00411
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4260 00412
Return To:
City Of Denton
Engineering & Transportation Dept.
221 North Elm Street
Denton, Texas 76201
Attention: PAa ~ W~ ~~ialMSo,J
ANT PROVIEgN HEREIN WHICH REBTRIOTE THE RAl6. P61RAL.OR VEF
DF THE DEEEPIEED REAL PROPERLY BEGUSE Of LOIDR 011 MCE I6
M,AUD AND UNENFO(1EFABlE UNDER f EOERAI UW.
111E STATE OFTEJUIB
COUNTT OP OENTON 1 ~ ~D F ~ Py Nultw FMI/~ °D
IM1bV Cr1ET Pr1 PiN ~D, Icy: yYIrM ON RECOPDED.FM
Dle 6Re /C EM M.EYIIiPEJ WDEIE411EdElt/. Taum
OMbI PWIk pKWEd PW PnpnV
JAN 21,1999
~^~,o,~
TV CL/ "~ a`~~~~x
DENTON LOUNT\, TE%RS
Filed for Record in:
DENTON COUNTY, TX
CYNTHIA MITCHELL, COUNTY
CLERY.
On Tan 21 1999
At 10:53am
Doc/Num 99-80005987
Doc/Type : OUT
Recording: i1.00
Doc/Mgmt G. 00
rieceipt N: 2433
Deputy - SHELLEY