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2006-110 S:\OUf Documents\Ordinances\06\Windjammer Abandonment Onl.doc ORDINANCE NO. .2006- /1 (J AN ORDINANCE ABANDONING AND V ACA TING A 0.5562 ACRE PUBLIC DRAINAGE EASEMENT FROM WINDJAMMER, LTD. TO CITY OF DENTON RECORDED BY COUNTY CLERK FILE NUMBER 2005-38412 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND A 0.0794 ACRE PUBLIC DRAINAGE EASEMENT FROM WINDJAMMER, LTD. TO CITY OF DENTON RECORDED BY COUNTY CLERK FILE NUMBER 2005-38416 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950; AND. DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the underlying fee simple owner, WINDJAMMER, LTD., for the abandonment of 0.5562 acre public drainage easement, and for the abandonment of a 0.0794 acre public drainagc easement tract, all being particularly described and depicted in Exhibit "A" attached hereto and made a part hereof by reference (the "Abandonment Area"); and, WHEREAS, staff has reviewed the requested abandonment of the Abandoned Area and .. has recommended approval; and, WHEREAS, the City Council of the City of Denton, Texas has determined that the it is in the public interest to abandon the Abandonment Area, and the City's interest therein, to the underlying fee owner, and, WHEREAS, notwithstanding any of the above, the City of Denton hereby retains all easement and street right-of-way rights in all other easement and street right-of-way tracts, whether conveyed by other instruments or by plat, in which the easement tracts described for abandonment herein cross and or overlap; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. The Abandonment Area is hereby permanently abandoned with all of the City's right, title and interests being quit claimed to the Owner. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment and quit claim. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2 (i.tI day of ~ 1I1~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDE CITY A JORNEY BY: Page 2 ~~~cL EULlNE BROCK, MAYOR ,2006. EXHIBIT A \ 7--~-'''-", "-<;;~<~~<~~'::::::<';::",I , " ,-"-,, '" '. "',,,, I \ "'"' "::~:~~<::<"~~ .... .,....... "-, "'<.....! ~ '",.:::.,~",~ ~ ....,:::<'... .J "'... "-~ "',I ....... '~i "' . I L ABANDONMENT AREA i WINDRIVER >~~ OFFICE PARK ;"::::;" , i "-'" ',,-, ; ,",,' "" ~"-:-..,,- " ~., ",,-, ~..., ~ " " ':-... . ~<'~,.." ~~>.,...~ ", .........-.........--. '''::--..... ---.:',- -. - - - - --------~----- ----.- CINEMARK ADDTION AT UNICORN LAKE ,"-.. N.T.S. a NORTH