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1999-211 ORDINANCE NO AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1953, PAGE 268, AS IT PERTAINS TO LOT 11, BLOCK 6, OF THE HANNAH ESTATES, PHASE II ADDITION TO THE CITY OF DENTON AND KNOWN AS 1401 OXFORD LANE, AND PROVIDING FOR AN EFFECTWE DATE WHEREAS, the C~ty of Denton has received a request for the partial abandonment of a certain utlhty easement, and WHEREAS, the Development Review Committee (DRC) for the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the utility easement being partially vacated ~s no longer needed for public use since another utility easement (16 foot) is located at the front of the lot, and WHEREAS, the fair market value of the utdlty easement being abandoned has been determined and received, as required by section 272 001 of the Texas Local Government Code, NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the south 10 feet of a 16-foot utlhty easement at the rear of Lot 11, Block 6 of the Hannah Estates, Phase II Ad&tlon recorded in Cabinet D, Page 173 of the Plat Records of Denton County, Texas, known as 1401 Oxford and bemg more partmularly described in Exhibit A, attached hereto and incorporated herein by referenced, and perta~mng to a port~on of property out of the J Carter Survey, Abstract No 274 recorded in Volume 1953, Page 268 of the Real Property Records of Denton County, Texas, ~s permanently vacated and extlngmshed as a public utlhty easement, to the extent described in smd exhibit SECTION II That by reason of such vacation the C~ty of Denton's property interest ~n the vacated portion of smd easement shall, by operation of law, revert to the owner or owners abuttmg the easement herein abandoned, and the C~ty of Denton releases any and all clmms to the use of the vacated port,on of said property as a pubhc easement SECTION III That th~s ordmance shall become effective lmme&ately upon its passage and approval JACI~ ,ER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 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 J. Carter Survey, Abstract No. 274, and being part of Lot 11, Block 6 of Hannah Estates, Phase II, an addition to the City of Denton as recorded in Cabinet D, Page 173 of the Plat Records of Denton County, Texas, end being pert of the tract conveyed to Alvin W. Stanza1 and Marilyn A. Stenzel by deed recorded in Volume 1953, Page 268 of the Real Property Records of Denton County, Texas, and also being the south 10 feet of a 16 foot utility easement at the rear o£ said Lot 11, and being more particularly described as follows~ CO~NCING at the southwest corner of said Lot 11, same being the southeast corner of Lot 12, of said Block 6, of Hannah Estates, Phase II Addition7 THENCE North 02° 01' 45" East, along the west line o£ said Lot 11, a distance of 121.86 feet to a point at the intersection of the south line of said 16 foot utility easement, same being the POINT OF BEGINNING! THENCE North 02° 01' 45" East, continuing along the west line of said LOt 11, a distance of 10.00 feet to a point for corner on the west line of said Lot 11~ THENCE South 87° 46' 00" East, parallel to the north line of said Lot 11, a distance of 75.51 feet to & point for corner on the east line o£ said Lot 11~ THENCE South 02° 01' 45" West, along the east line of said Lot 11, a distaltce of 10.00 feet to a point for corner at the intersection o£ the south line of said 16 foot utility easementl THENCE North 87° 46' 00# West, parallel to the north line of said Lot 11 and along the south line of said 16 foot utility easement, a dist~ce of 75.51 feet to the POINT OP BEGINNING and containing 755 square feet of land. ~421 MAPS MAPSOALE 1' = 200 FT. __ OXF'OE.D (L%~'-iT.o ~v~¢ ~, ,, ~-_,~ ::) The Plat hereon ~s a true and accurate representatton of the property as determtned by _ sur~ ~e on the ground, the lines and dtmenstons of smd property betng as tndtcated on t: The s~ze, IocaUon and type of butldtngs and tmprovements are as shown all tmprovements betng within the boundartes of the property, except as shown, setback from the property hnes ts as shown, and the distance from the nearest stree~r r~as shown on the Plat There are no wstble encroachments, vmble protrusmn~pOffr~ easements, except as shown on the Plat ~-~ t 363 02175 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS 0(~(~ COUNTY OF DENTON CITY OF DENTON I, the undersigned Asststant Ctty Secretary of the C~ty of Denton, Texas, (the "C~ty") DO HEREBY CERTIFY that accordtng to the records of the C~ty of whtch I am a custodxan, that attached ts a true and accurate copy of Ordtnance No 99-21 ! as passed and approved by the C~ty of Denton Ctty Council on June 15, 1999, TO CERTIFY WHICH, wlmess my official s~gnamre and the seal of satd C~ty, thts the 17th day of June, 1999 , ,, AS~STANT CITY SECRETARY ,\ ~ CITY OF DENTON, TEXAS 363 02176 ORD CE NO AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1953, PAGE 268, AS IT PERTAINS TO LOT 11, BLOCK 6, OF THE HANNAH ESTATES, PHASE II ADDITION TO THE CITY OF DENTON AND KNOWN AS 1401 OXFORD LANE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has recmved a request for the pamal abandonment of a certmn utfltty easement, and WHEREAS, the Development Rewew Committee (DRC) for the C~ty of Demon, Texas rewewed the requested abandonment and recommended approval, and WHEREAS, the Council of the C~ty of Denton, Texas has determined that the utility easement being partmlly vacated is no longer needed for pubhc use s~nce another utility easement (16 foot) ~s located at the fi'ont of the lot, and WHEREAS, the fmr market value of the utthty easement being abandoned has been determined and received, as required by section 272 001 of the Texas Local Government Code, NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTIONI. That the south I0 feet of a 16-foot utthty easement at the rear of Lot 11, Block 6 of the Hannah Estates, Phase II Addition recorded m Cabinet D, Page 173 of the Plat Records of Denton County, Texas, known as 1401 Oxford and being more partmularly described ~n Exhtb~t A, attached hereto and incorporated hereto by referenced, and pertmnmg to a pomon of property out of the J Carter Survey, Abstract No 274 recorded m Volume 1953, Page 268 of the Real Prop~ty Roeords of Denton County, Texas, m permanently vacated and extmgmshed as a pubhe utility easement, to the extent described m smd extub~t SEC~ON ~ That by reason of such vacaUon the C~ty of Denton's property ~nterest ~n the vacated pomon of smd easement shall, by operatmn of law, revert to the owner or owners abutting the easement hereto abandoned, and the C~ty of Denton releases any and all clmms to the use of the vacated pomon of smd property as a pubhc easement SECTION m That flus ordinance shall become effectxve ]mmedmtely upon ~ts passage and approval ~363 02 I'/1 PASSED AND APPROVED this the ay of ~ ,1999 JACK~I, ffLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 5363 02178 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 J. Carter Survey, Abstract No. 274, and being part of Lot 11, Block 6 of Harmah Estates, Phase II, an addition to the City of Denton as taco=dad in Cabinet D, Page 173 of the Plat Records of Denton County, Texas, and being part of the tract conveyed to Alvin W. Stance1 and Maril~n A. Stanza1 by deed recorded in Volume 1953, Page 268 of the Real Property Records of Denton County, Texas, and also being the south 10 feet of a 16 foot utility easement at the rear o£ said Lot 11, and being more particularly described as follows~ COMNENCZNG at the southwest corner of said Lot 11, same being the southeast corner of Lot 12, of said Block 6, of Hannah Estates, Phase II Addition/ TNENCB North 02° 01' 45' Bast, along the west line of said Lot 11, a distance of 121.86 feet to a point at the intersection of the south line of said 16 foot utility easement, same being the POINT OF BBGINNING/ TN~NCB North 02° 01' 45' Bast, continuing along the west line of said Lot 11, a distance of 10.00 feet to a point for corner on the west line of said Lot 11; THENCB South 87° 48' 00" Bast, parallel to the north line of said Lot 11, a distance of 75.51 feet to a point for corner on the east line of said Lot 11; THENCE South 02° 01' 4S' West, along the east line of said Lot 11, a distance of 10.00 feet to a point for corner at the intersection of the south line of said 16 foot utility easement/ TH~NCB North 87° 46' 00" West, parallel to the north line of said Lot 11 and along the south line of said 16 foot utility easement, a diet,naa o£ 75.51 feet to the POINT OF BEGINNING and containing 755 square £eet of land. ---~'~-"~"~.o ~'~' ~, ,' The Plat hereon m e true end accurate representer,on .of th? property, ss determJ?ed by. -. _survey mede on the ground, the lines end dJmensmns ot sma property oemg as mmcstea on the Plat The size, location end type of bmldmgs end ~mprovemems are ss shown all ~mprovemems bemg w~Thm the boundarms of ~he properw, excep~ as shown from ~he properW hnes ~s as shown, and the d~slance from ~he neares~ s~reel or ~. shown on the Plat There are no v,s,ble encroachments, v,s,ble protrus, o~~~ easements, except as shown on the Plat 363 02i80 Return To O~ty Of Denton Eng neermg & Transportation Dept 221 North Elm Street Denton, Texas 7620~ Attention ~'~:"-~--/.,d ~ ~Ny PROVISION HERFIN WHICH RE~TRICTS THE SALE RENTAL OR USE JUN 1 8 19(~9 COUNTY CLERK Fzled fo~ Eeeo~d zng ~ENTON COUNTY. TX YNTHIR NITCNELL~ COUNTY CLERK On Sun 18 1999 Rt 3:59pm Doc/Num : 99-R~86~386 Doc/T×pe : OR Recommit§= 13. OO ~oe/M~m~ : 6.00 ece~t #m E4964 Deputy - NRRY