1999-083 O INANCE NO q q-- 6?.3
AN ORDINANCE ABANDONING A PORTION OF A TEN (10) FOOT SANITARY SEWER
EASEMENT LOCATED IN WIND RIVER ESTATES, PHASE VI AND PHASE VII AND A
PORTION OF A FIFTEEN (15) FOOT SANITARY SEWER EASEMENT LOCATED IN
WiND RIVER ESTATES, PHASE V, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, when the Wind River Estates Addition was platted certmn existing sanitary
sewer lines were relocated and the construction of the new sewer lines have been completed, and
WHEREAS, the Planning and Zomng Commission of the City of Denton, Texas has
reviewed the request for abandonment of a portion of the prior sanitary sewer easements and
recommended approval, and
WHEREAS, the Council of the City of Denton, Texas has determined that the sanitary
sewer easements described in Exhibits "A" and illustrated in "B" are no longer needed for public
use, and
WHEREAS, that the process for determining the fmr market value of the easement
above, 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 fcc simple,
shall bc followed in effectuating this abandonment, NOW, THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the portion of the sanitary sewer easements identified as a 0) 10-foot
easement m Volume 501, Page 23 of the Deed Records of Denton County, Texas (DRDCT) and
(ii) 15-foot easement in Volume 578, Page 332 of the DRDCT, as more particularly described in
Exhibit "A" as Tract I (0 213 acre), and Tract II (0 700 acre) and illustrated in Exhibit "B," such
exhibits being attached hereto and made a part hereof for all purposes, are permanently vacated
and abmdoned as public easements since such easements are no longer needed for public use,
having b~en replaced by new easements identified in the Wind River Estates Addition Plat,
Phases V, VI and VII
S~CTION II That by reason of such vacation the City of Denton's property interest in
the said easements shall, by operation of law, revert to the owner or owners abutting the
easements hemm abandoned, and the City of Denton releases any and all claims to the use of the
vacated property as a public easement
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
JACI~c~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
^~e(~v~ ^~ ~o ~o^~ ~o~
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT ~A"
TRACT Is
ALL that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being a 0.213
acre abandonment tract of land situated in the J. Fisher Survey,
Abstract NO. 421, same being a portion of the land described for a
fifteen £oot sanitary sewer easement as recorded in Volume 578, Page
332 of the Deed Records of Denton County Texas (DRDCT), and being out
of a 70.436 acre tract of land deeded to Vista Oaks Develol~nent, Ltd.,
as recorded in the County Clerk's (CC) File No. 97-R0022730, of the
Real Property Records of Denton County Texas (RPRDCT), said 0.213 acre
abandonment tract being more particularly described b~metes and bounds
as follows~
CO~CING at a point at the southwest corner of said Vista Oaks tract,
same beimg the southeast corner of a 2.235 acre tract of land deeded to
Offices of Hunter's Ridge Land Development Company as recorded in CC
File No. 96-R0083647, RPRDCT, and being in the north line of a tract of
a land deeded to Westminster, Ltd., as recorded in CC File No. 97-
R0019209, RPRDCT~
THENCE South 88° 07' 04" East, with the south line of said Vista Oaks
tract, same being the north line of said Westminster tract, a distance
of 227.3S feet to the POINT OF BEGINNING~
THENCE, leaving said co~on line and crossing said Vista Oaks tract,
the following three courses and distances~
North 03° 20' 59" East, a distance of 619.08 feet to a point, said
point being in the south line of a ten foot sanitary sewer easement as
recorded in Volttme 501, Page 23, DRDCT,
South 89° 52' 01" East, with said sewer easement, a distance of
15.02 feet to a point, and
South 030 20' 59" West, leaving said sewer easement, a distance of
619.54 £eet to a point in said co~mon line between said Vista Oaks
tract and said Westminster traot~
THENCE North 88° 07' 04" West, along said conuaon line, a distance of
15.00 feet to the POINT OF BEGINNING and containing 0.213 acres of
land.
TRACT
ALL that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being a 0.700
acre abandonment tract of lend situated in the B. Lewis Survey,
Abstract No. 769, S. F. Reynolds Survey, Abstract No. 1654, J. Fisher
Survey, Abstract No. 421, and the John McGowan Survey, Abstract No.
797, same being a portion of the land described for a ten foot sanitary
sewer easement as recorded in Volume 501, Page 23 of the Deed Records
of Denton County, Texas (DRDCT), and being out of a ?0.436 acre tract
of land deeded to Vista Oaks Development, Ltd., as recorded in the
County Clerk's (CC) File No. 97-R0022730, of the Real Property Records
of Denton County Texas (RPRDCT), said 0.700 acre abandonment tract
being more particularly described by metes and bounds as follows~
CO~ENCING at a point at the southeast corner of said Vista Oaks tract,
same being the northeast corner of a tract of a lend deeded to
Westminster, Ltd., as recorded in CC File No. 97-R0019209, RPRDCT, and
being in the west line of a tract of land deeded to Denton Security
Investment, Inc., as recorded in CC File No. 94-R0022697, RPEDCT,
bearing basis being the north line of said Westminster, Ltd. tractl
THENCE North 88° 07' 04" West, with the south line of said Vista Oaks
tract, same being the north line of said Westminster, Ltd. tract, a
distance of 42?.34 feet to the POINT OF BEGINNINGI
THENCE North 88° 07' 04" West, continuing with the south line of said
Vista Oaks tract, same being the north line of said Westminster, Ltd.
tract, a distance of 23.65 feet to a pointl
THENCE departing said cc-~-~n line between said Vista Oaks tract and
said Westminster, Ltd. tract, over and across said Vista Oaks tract,
the following two courses and distances:
North 63° 06' 27" West, · dist~ce of 1567.48 feet to a point, and
North 890 54' 25" West, a distance of 1470.66 feet to a point in
the west line of said Vista Oaks tract, same being the east line of a
tract of land described in deed to Fred Gossett as recorded in CC File
No. 94-R0090079, RPRDCT~
THENCE North 00° 43' 45" West, along said co~m~3n line between said Vista
Oaks tract and said ~ossett tract, a distance of 10.00 feet to a point~
THENCE leaving said c~n line, over and across said Vista Oaks tract,
the following two courses and distances:
South 89° 54' 25" East, a distance of 1473.18 feet to a point, and
South 63° 06' 27" East, a distance of 1591.30 £eet to the POINT OF
BEGINNING and containing 0.700 acres of land.
HERSMAN DEVELOPMENT CORP
VOLUME 3453, PAGE 847
ORDCT
S 895201 E
1502 1
APPROXIMATE
SURVEY LINE
EASEMENT
CC FiLE NO
96-R0090079 ~,~.,,.,f,.~, VOL 501 PAGE 25
RPRDOT S~~'' ~"~ DRDCT
VISTA OAKS DEV LTD
CC FILE NO
Ed ~ 97-R0022730
~ m RPRDCT
° ~
OFFICES AT o~
HUNTER S RIDGE z o~
LAND BEV CO
CC FiLE NO
96-R0083647 5 SANITARY SEWER
R P R D C T EASEMENT
VOL 578 PAGE 332
DRDCT
POC~
POB
S 88 07 04 E 227 58
88 07'04 W 18 O0
,~ ~.j~ SUNDOWN RANCH
WESTMINISTER, LTD
CC FILE NO
97-R0019209
RPRDCT
o so ,oo 200 EXHmIT 'B'
SCALE IN FEET O.213 ACRES
PARTIAl, EASEMENT CARTER m BUROESS INC
0ULY 1997 7950 ELMBROOK DRIVE SUITE 250
ABANDONMENT .*~s TX
[ VISTA OAKS DEV LTD
I cc FILE NO
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I[ RPRDCT
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) ~ Y FISHER SURVEY
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EXHIBIT 'B' I~ESTUENT ,.~ ~ ~ B g
0 700 ACRE cc rILE No
PARTIAl. EASEMEHT 94-R0022697 ConstructlonC°nsultants inManagementPlafln,n9 Engmeennand ~l Arch,tectUrese~ices
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