2004-122ORDINANCE NO. d ~[-) ¢'°/fl z.'~
AN ORDINANCE ABANDONING AND VACATING AN SANITARY SEWER
EASEMENT FROM WHEELER RANCH, LTD. TO CITY OF DENTON RECORDED
IN VOLUME 5105, PAGE 3845 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS, IN THE B. MERCHANT SURVEY, ABSTRACT NO. 800; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for the abandonment of
certain sanitary sewer easement recorded in volume 5105, page 3845 of the Real Property
Records of Denton County, Texas (the "Sanitary Sewer Easement") from the underlying
and abutting fee simple owner; and
WHEREAS, the City of Denton Engineering Department has reviewed the
Sanitary Sewer Easement and determined that it cannot be used for sanitary sewer
purposes due to a conflict with an existing electric transmission pole. To resolve this
issue the current owner of the property has dedicated to the City of Denton a Public
Utility easement to address this area around the electric transmission pole. Therefore, the
Sanitary Sewer Easement is no longer needed; and
WHEREAS, the City Council hereby finds and determines that the Sanitary
Sewer Easement is not needed and it is in the public interest to abandon the Sanitary
Sewer Easement and the City's interests therein to the current underlying and abutting
landowner ("Current Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The £mdings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The Sanitary Sewer Easement is hereby vacated and permanently
abandoned and the interests of the City of Denton therein are hereby released and will
revert to the Current Owner as provided by law. A certified copy of this ordinance may
be recorded in the Real Property Records of Denton County, Texas to evidence this
abandonment.
SECTION3. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this tNe ~t0t~dayof (/,~f'~/~ ,2004
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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