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Home My WebLink About2002-162SAOur Documents\Ordinances\02\Shadow Brook PUE Ordinance.doc ORDINANCE NO.—�� CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUIT CLAIM DEED TO ABANDON AN ALL PURPOSE UTILITY EASEMENT CONSISTING OF A 0.427 ACRE TRACT OF LAND BEING A PART OF SHADOW BROOK PLACE, AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET T, PAGE 171 OF THE PLAT RECORDS OF DENTON COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, WBB&B Holdings, Ltd., a Texas limited partnership, has made a request to the City Council of the City of Denton, Texas to close and abandon a sanitary sewer easement containing approximately 0.427 acre of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the City of Denton Engineering Department has reviewed the Property and determined that it is excess easement and is not needed for future sanitary sewer purposes; and WHEREAS, the City Council hereby finds and determines that the Property is not needed for sanitary sewer easement purposes and it is in the public interest to abandon the Property and quit claim the City's interests therein to the landowner, WBB&B Holdings, Ltd., a Texas limited partnership ("Current Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The City Council hereby abandons the Property. The City Manager, or his designee, is authorized to execute a quit claim deed to the Current Owner of the Property. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the&'day of 12002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ed"L- / l uyt - Page 2 EXHIBIT A 0.427 ACRE ALL PURPOSE UTILITY EASEIvSM ABANDONMENT SHADOW BROOK PLACE CITY OF DENTON DENTON COUNTY, TEXAS BEING apart of Shadow Brook Place, an addition -to -the City_ofDentoN-as recorded-iri Cabinet T, Page 171 of the Plat Records of Denton to uma Ttxasa ntl3+ea+a� nEa_ 25.00 foot All Purpose Utility Easement as recorddei3 i^.16oLrmP's5;% eAa�a4 pfYhc Deed Records of Denton County, Texas, and being mnrnaoitsaidripdea r8c�� follows: BEGINNING at a point in the west line of said 25.00 foot -casement and -in thesouth_line _ of Lamplighter Drive, same being South 89 degrees22 minutes 28 seconds East from -the northwest comer of Lot 1, Block B of said Shadow. rfPooierldce.-; THENCE South 89 degrees 22 minutes 28 seconder;�writ4.lhsaotith:lie� r5sai^ Lamplighter Drive, a distance of 25.00 feet to a poi:it E�occataesa.txa Azsi fnr.� £=aa1 25.00 foot easement; THENCE South 00 degrees 37 minutes 35 seconds.West,-mith the east line of said 25.00' foot easement, a distance of 744.17 feet to the southe• seL-omerofsaid•25.00-foot•- easement; THENCE North 89 degrees 22 minutes 25 sewnd� v,Bsr' a:rit'ttbssouth lia �ofsai� 25.00 foot easement a distance of 25.00 feet to the e3wAivrs totnecr,cf4¢i,3 028oe easement; THENCE North 00 degrees 37 minutes 35 seconds'ti7Esr*ardthtbPaxsrt.lio �otstid25.01 foot easement, a distance of 744.17 feet to the PODIN3 25 �f,�@@IWrraaa ccmtainiBv 0.427 of an acre of land more or less. SAOur Documents\Contracts\02\Shadow Brook PUE QCD.doc QUIT CLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas (the "Grantor"), in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid by WBB&B Holdings, Ltd., a Texas limited partnership of the County of Denton, State of Texas (the "Grantee"), the receipt of which is hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, its successors and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Denton and State of Texas, described in Exhibit "A" and illustrated in Exhibit `B" attached hereto and made a part by reference (called the "Property"). TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part thereof. Witness my hand, this the oV-day of 2002. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged 4ht re me on A i /� 2002 by Michael A. Conduff, City Manager, City of Din. A �� e ANN FORSYfNE Notary P_tib11C, iriandT rn°c°Maye M PiRss My Commission Expires: