2005-021ORDINANCE NO. ~Ob~O~ /
AN ORDINANCE ABANDONING AND VACATING AN EIGHT FOOT WIDE
UTILITY EASEMENT AFFECTING BLOCK 34R, LOTS 1 & 2, AND BLOCK 29,
LOTS 4, 5, 22, & 23 OF THE PRESERVE AT PECAN CREEK, SECTION A3, AN
ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN CABINET V, SLIDE 279 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE;
WHEREAS, the City of Denton has received a request for the abandonment of a
certain utility easement, and
WHEREAS, the Development Review Committee of the City of Denton, Texas
reviewed the requested abandonment and recommended approval, and
WHEREAS, the Council of the City of Denton, Texas has determined that the
utility easement being abandoned and vacated is no longer needed for public use, and
WHEREAS, this is abandonment is to the underlying fee owners so that Chapter
272 of the Texas Local Government Code does not require that the City receive fair
market value for the abandonment, 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.
SECTION 2. An 8 foot wide utility easement affecting Block 34R, Lots 1 & 2,
and Block 29, Lots 4, 5, 22 & 23 of The Preserve at Pecan Creek, Section A3, an addition
to the City of Denton, Texas, according to the plat thereof recorded in Cabinet V, Slide
279 of the Plat Records of the Denton County, Texas (the "Easement"), is permanently
vacated, abandoned, and extinguished as a public easement. This abandonment
ordinance only abandons the 8-foot wide utility easement. There are other easements
affecting some of these lots that are not abandoned by this ordinance.
SECTION 3. By reason of such abandonment and vacation the City of Demon's
property interest in the Easement shall, by operation of law, revert to the owners abutting
the Easement herein abandoned, and the City of Denton releases any and all claims to the
use of the abandoned and vacated property as a public easement. A certified copy of this
ordinance may be recorded in the Real Property Records of Denton County, Texas to
evidence this abandonment.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the/~t~L day of (_4~.~/~ ,2005.
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BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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