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