HomeMy WebLinkAbout2002-163SAOur Documents\Ordinances\02\Shadow Brook SSE Ordinance.doc
ORDINANCE NO. c&V — / 3
CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A QUIT CLAIM DEED TO
ABANDON A SANITARY SEWER EASEMENT CONSISTING OF A 0.293 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 an all
purpose utility easement containing approximately 0.293 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 utility
purposes; and
WHEREAS, the City Council hereby finds and determines that the Property is not
needed for utility easement purposes and it is in the public interest to abandoned 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 all day of 2002.
MM l/ �� /
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.L /1 ..!%// OA
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: -T� q'a�'-
Page 2
EXHIBIT A
0.293 ACRE
SANITARY SEWER
EASEMENT ABANDONMENT
SHADOW BROOK PLACE
CITY OF DENTON
DENTON COUNTY, TEXAS
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 being part of a
20.00 foot Sanitary Sewer Easement as recorded in Volume 752, Page 408 ofthe Deed
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point at the northeast comer off said 20 foot easement, same being
South 02 degrees 31 minutes 45 seconds East, fronm the northwest corner of Lot 1, Bloc]
B of said Shadow Brook Place same being in the ssouth line of Lamplighter Drive;
THENCE South 00 degrees 04 minutes 39 seconds East, with the east line of said 20.00
foot easement, a distance of 367.10 feet to a point for corner;
THENCE South 38 degrees 18 minutes 18 seconds East, continuing with the east line of
said 20.00 foot easement, a distance of 270.97 feet to a point in the south line of Lot 11,
Block A of said Shadow Brook Place;
THENCE North 89 degrees 49 minutes 29 seconds West, with the south line of said Lot
11, a distance of 25.55 feet to a point for comer;
THENCE North 38 degrees 18 minutes 18 secondds West, with the west line of said 20.01
foot easement, a distance of 262.00 feet to a point t for comer;
THENCE North 00 degrees 04 minutes 39 seconds West, continuing with the west line of
said 20.00 foot easement, a distance of 374.27 feet to the northwest comer of said 20 foot
easement;
THENCE North 89 degrees 22 minutes 25 seconds West, with the north line of said
20.00 foot easement a distance of 20.00 feet to the POINT OF BEGINNING and
containing 0.293 of an acre of land more or less.
SAOur Documents\Contracts\02\Shadow Brook SSE 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 ($10.00) and
other good and valuable consideration in hand paid by WBB&B Holdings, Ltd., a Texas limited
partnership of the County of Denton, State of Texas (the "Grantee"), the receipt of which is
hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, its successors and
assigns, all its right title and interest in and to that certain tract or parcel of land lying in the
County of Denton and State of Texas, described in Exhibit "A" and illustrated in Exhibit "B"
attached hereto and made a part by reference (called the "Property").
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property
unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or
assigns shall have, claim or demand any right or title to the Property or appurtenances or any part
thereof. bey{
Witness my hand, this the /AL day of_—/� 2002.
CITY DN, }
By:
Michael A. Conduff
City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged be/ me on LJ 2002 by
Michael A. Conduff, City Manager, City of De to /J
MNN FSs
My CHE
OMMISSION EXPIRE3
May 91 2009
Notary Public, in and"for the($ta'
My Commission Expires: