2005-098S:\Our Documents\Ordinances\05\Denton Affordable Housing Abandonment. DOC
ORO ANCE NO.
AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING A 0.08
ACRE PUBLIC UTILITY EASEMENT, RECORDED IN VOLUME 974, PAGE 156, OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A 0.07 ACRE PUBLIC
UTILITY EASEMENT, RECORDED IN VOLUME 974, PAGE 152, OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND A 16' PUBLIC UTILITY
EASEMENT TRACT, RECORDED IN VOLUME 974, PAGE 154, OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request fi:om the underlying fee simple
owner, the Denton Affordable Housing Corporation, for the abandonment of a 0.08 acre public
utility easement recorded in volume 974, page 156 of the Real Property Records of Denton
County, Texas, a 0.07 acre public utility easement recorded in volume 974, page 152 of the Real
Property Records of the Denton County, Texas, a 16' public utility easement tract recorded in
volume 974, page 154 of the Real Property Records of Denton County, Texas (collectively called
the "Abandoned Easements"), are generally depicted in Exhibits "A", "B", and "C" attached
hereto and made a part hereof by reference; and,
WHEREAS, staff has reviewed the requested abandonment and determined that that the
Abandoned Easements are 'no longer needed and therefore recommends approval of the
abandonment; and,
WHEREAS, the City Council of the City of Denton, Texas has determined that it
is in the public interest to abandon the Abandonment Easement and the City's interest therein to
the underlying fee owner, the Denton Affordable Housing Corporation ("Owner"); NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Abandonment Easements are hereby abandoned with all of the City's
right, title and interests in and to the Abandonment Easements being released and quit claimed to
the Owner. This abandonment only affects the abandonment of the Abandonment Easements and
does not affect an abandonment of any other fights the City may have in and to the areas being
abandoned by virtue of other easements or street fight-of-way that may cross or overlap the
Abandonment Easements. A certified copy of this ordinance may be recorded in the Real
Property Records of Denton County, Texas to evidence this abandonment. This abandonment
does not affect an abandonment of any other fights the City may have in and to the areas being
abandoned
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~q,,~/~ay of ~{~, ,2005.
L/
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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EXHIBIT ,A ~-~
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