Loading...
1999-192AN ORDINANCE ABANDONING A 20-FOOT EASEMENT FOR WATER MAINS AND ELECTIC POWER TRANSMISSION LINES SITUATED IN LOTS 1,2 & 3 OF BLOCK 1 OF THE EAGLE POINT SHOPPING CENTER ADDITION, WHICH RUNS FROM S LOCUST STREET ON THE EAST TO FORT WORTH DRIVE ON WEST, CONVEYED TO THE CITY OF DENTON PER VOLUME 410, PAGE 92, DEED RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, a water mmns and electric transmission lines easement exists on the site for the new Home Depot, such easement runs from S Locust on the east to Fort Worth Drive on the west, winch the property owner desires abandoned since the only improvements in such easement was a 20-meh water mmn winch has been relocated per the replat of Lot IR, and WHEREAS, the easement was conveyed in 1955 by George M Hopkins to the City of Denton per Volume 410, Page 92, of the Deed Records of Denton County, Texas, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval on December 16, 1998, and WHEREAS, the Council of the City of Denton, Texas has determined that such water mains and electric transmission easement is no longer needed for public use, and WHEREAS, that the process for determining the fair 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 fee simple shall be followed in effectuating this abandonment, NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the water mmns and electric transmission lines easement, which runs from S Locust Street on the east to Fort Worth Drive on the west, and being situated in Lots 1, 2 & 3 of Block 1 of the Eagle Point Shopping Center Addition and conveyed to the City of Denton from George M Hopkins out of the Alexander Hill Survey, Abstract No 623, per Volume 410, Page 92 of the Deed Records of Denton County, Texas, is permanently vacated and abandoned as a public easement SECTION II That by reason of such vacation the City of Denton's property interest in the said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all clmms to the use of the vacated property as a public easement SECTION III That th~s orchnance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED this the / ~'~-Say of (~/~ff--~ ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordlnances\99~l-IomeDepot Abandonment doc CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned Deputy C~ty Secretary of the C~ty of Denton, Texas, (the "City") DO HEREBY CERTIFY that according to the records of the C~ty of whmh I am a custodmn, that the attached is a true and accurate copy of Ordinance No 99-192 as passed and approved by the C~ty of Denton C~ty Council on June 1, 1999 TO CERTIFY WHICH, witness my official s~gnamre and the seal of smd C~ty, th~s the 9th day of June, 1999 D]i~PUTY CITY SECRETARY CITY OF DENTON, TEXAS 363 U2172 NO qq- / qA AN ORDINANCE ABANDONING A 20-FOOT EASEMENT FOR WATER MAINS AND ELECTIC POWER TRANSMISSION LINES SITUATED IN LOTS 1,2 & 3 OF BLOCK 1 OF THE EAGLE POINT SHOPPING CENTER ADDITION, WHICH RUNS FROM S LOCUST STREET ON THE EAST TO FORT WORTH DRIVE ON WEST, CONVEYED TO THE CITY OF DENTON PER VOLUME 410, PAGE 92, DEED RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, a water mmns and electnc transm~smon hnes easement exmts on the site for the new Home Depot, such easement runs from S Locust on the east to Fort Worth Drive on the west, which the property owner desires abandoned since the only improvements ~n such easement was a 20-tach water mare wluch has been relocated per the replat of Lot IR, and WHEREAS, the easement was conveyed ~n 1955 by George M Hopkms to the C~ty of Denton per Volume 410, Page 92, of the Deed Records of Denton County, Texas, and WHEREAS, the Planmng and Zomng Commission of the C~ty of Denton, Texas rewewed the requested abandonment and recommended approval on December 16, 1998, and WHEREAS, the Council of the C~ty of Denton, Texas has detenmned that such water mains and electric transrmss~on easement ~s no longer needed for pubhc use, and WHEREAS, that the process for determuung the fair market value of the easement above, as apphcable, 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 m effectuatmg this abandonment, NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the water mains and electric transrmsston hn~s easement, whmh runs from S Locust Street on the east to Fort Worth Drive on the west, and being mtuated m Lots 1, 2 & 3 of Bloclt 1 oft he Eagle Point Shopping Center Adchtion and conveyed to the C~ty of Denton from George M. Hopkins out of tho Alexander Hill Survey, Abstract No 623, per Volume 410, Page 92 of tho Deed Records of Denton County, Texas, ~s permanently vacated and abandoned as a pubhc easement SECTION II That by reason of such vacation the Cxty of Denton's property interest ~n the said easement shall, by operation of law, revert to the owner or owners abutting the easement hereto abandoned, and the C~ty of Denton releases any and all claims to the use of the vacated property as a pubhc easement 4363 02173 ~ That flus ordinance shall become effectzve ~mmedmtely upon ~ts passage and approval ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum~nta\Ordinancea~99'~l-IomeDepot Abandonment doc 4363 0217 Return To City Of Denton Eng~neenng & Transportation Dept 221 North Elm Street Denton, Texas 76201. Attention F~-~ ~,~c,,~,,.-,_ ~ JUN 1 8 1999 Filed foe Reeoed in: DENTON COUNTY. TX CYNTHIA NITCHELL~ COUNTY CLERK On Jun 18 1999 At 3:57pm Doo/Num : 99-R0068385 Doc/Type : OR Rmoordlng: 9.00 Doo/Ngmt : 6.08 Reoelpt 84968 Deputy ~:NARY