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2004-136· S:\Our Documents\Ordinances\04~Abandonment rights in First Methodist.doc ORDINANCE NO. ~'~¢-/,fl~? AN ORDINANCE BY THE CITY OF DENTON, TEXAS ABANDONING AND VACATING ALL RIGHTS RETAINED IN CERTAIN REAL PROPERTY DESCRIBED IN THAT CERTAIN QUIT CLAIM DEED DATED NOVEMBER 22, 1977 FROM THE CITY OF DENTON TO THE FIRST METHODIST CHURCH OF DENTON, TEXAS RECORDED IN VOLUME 864 PAGE 932 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to a quit cla'un deed (the "Quit Claim Deed") dated November 22, 1977 recorded in Volume 864, Page 932 and as authorized by Ordinance No. 77-57 the City of Denton did abandon, vacate and quit claim unto the First United Methodist Church of Denton, Texas (the "Abutting Owner") a portion of Austin Street as more particularly described in the Quit Claim Deed (the "Property"); and WHEREAS, in the Quit Cla'un Deed the City retained a water line easement and public walkway easement in the Property (the "Easements"); and WHEREAS, the Abutting Owner has now requested that the City abandon and quitclaim all of its rema'ming right, title and interest in and to the Property including the Easements; and WHEREAS, the City of Denton Engineering Department has reviewed the Property and the Easements and determined that the Easements are no longer needed; and WHEREAS, the City Council hereby finds that is in the public interest to abandon all right, title and interest of the City in and to the Property and Easements to the Abutting Owner; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The City hereby abandons and quitclaims unto the Abutting Owner all of the City's right, title and interest in and to the Property and Easements. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment and quitclaim. At the request of the Abutting Owner the City Manager, or his designee is authorized to execute a quit cl~(un deed to the Abutting Owner. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2