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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: Page 2