2005-139
S,IOUR DOCUMENTSIPLANNING & ZONINGIOrd;n,nccs-ResoluÜonoI2005IUn;enm Lake !),v. E"ementOrd.doe
ORDINANCE NO. cJ.(}()/j- /39
AN ORDINANCE ABANDONING AND VACATING A 0.024 ACRE DOWN GUY
EASEMENT RECORDED IN VOLUME 733, PAGE 71I, DEED RECORDS OF DENTON
COUNTY, TEXAS, A 0.024 ACRE DOWN GUY EASEMENT RECORDED IN VOLUME
738, PAGE 751, DEED RECORDS OF DENTON COUNTY, TEXAS, A 0.674 ACRE PUBLIC
UTILITY EASEMENT RECORDED IN VOLUME 738, PAGE 754, DEED RECORDS OF
DENTON COUNTY, TEXAS, AND 0.674 ACRE PUBLIC UTILITY EASEMENT
RECORDED IN VOLUME 727, PAGE 899, DEED RECORDS OF DENTON COUNTY,
TEXAS; AND PROVIDING AN EFFECTIVE DATE;
WHEREAS, the City of Denton has received a request from the underlying fee simple
owner, WINDJAMMER, LTD., for the abandonment of 0.024 acre down guy easement tract
recorded in Volume 733, Page 7lI, Deed Records of Denton County, Texas, 0.024 acre down
guy easement tract recorded in Volume 738, Page 751, Deed Records of Denton County, Texas,
0.674 acre public utility easement tract recorded in Volume 738, Page 754, Deed Records of
Denton County, Texas, and for the abandonment of a 0.674 acre public utility easement tract
recorded in Volume 727, Page 899, Deed Records of Denton County, Texas, hereinafter referred
to as the "Abandonment Easements;" and
WHEREAS, staff has reviewed the requested abandonment of the Abandoned Easements
and has recommended approval; and,
WHEREAS, the City Council of the City of Denton, Texas has detenTIined that it is in the
public interest to abandon the Abandonment Easements and the City's interest therein to the
underlying fee owner, and,
WHEREAS, notwithstanding any of the above, thc 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 casement 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 Easements are hereby penTIanently
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 ;< 4 tL~ay of '1 ¿¿r
¿~~JL
EULlNE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~~ ~'t-l~ H U A-/
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTER CITY ATTORNEY
BY:
Page 2
,2005.