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2003-032NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING ITS DRAINAGE EASEMENT RECORDED UNDER DENTON COUNTY CLERK CERTIFICATE NO. 94-071419 IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING LOCATED IN BELLAIRE NORTH, AN ADDITION TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Shepherd Place Homes, Inc., has made a request to the City Council of the City of Denton, Texas to close and abandon a drainage easement containing approximately 0.060 acre of land and located in Bellaire North, an addition to the City of Denton, Texas, as more particularly described in that certain easement recorded under Denton County Clerk Certificate No. 94-071419 in the Deed Records of the Denton County, Texas (the "Easement"); and WHEREAS, the City of Denton Engineering Department has reviewed the Easement and determined that it is excess easement and is not needed for future drainage purposes because the developer of Bellaire North has provided substitute drainage facilities that make the easement unnecessary; and WHEREAS, the City Council hereby finds and determines that the Easement is not needed for drainage easement purposes and it is in the public interest to abandon the Easement and the City's interests therein to the underlying fee owner, Shepherd Place Homes, Inc. ("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. The Easement is hereby vacated and permanently abandoned with all of the City's right, title and interests being quit claimed to the Owner. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment and quit claim. SECTION 2. and approval. This ordinance shall become effective immediately upon its passage EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 EXHIBIT "A" EASEMENT ABANDONMENT CITY OF DENTON, DENTON COUNTY TEXAS BEING ALL THAT CERTAIN 2,400 SQUARE FOOT TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM LLOYD SURVEY, ABSTRACT NO. 773, DENTON COUNTY, TEXAS BEING PART OF THAT CERTAIN TRACT OF LAND CONVEYEB TO D.L, PORTERFIELD, TRUSTEE FROM ETHAL LEE BUSH BY DEED RECORDED IN VOLUME 677, PAGE 85 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS SAID 2,4,00 SQUARE FOOT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND PK NAIL AT THE INTERSECTION OF THE CENTERLINE OF MOCKINGBIRD LANE AND AUDRA LANE, BEING THE OCCUPIED SOUTHEAST CORNER OF SAID PORTERFIELD TRACT AND THE SOUTHEAST CORNER OF SAID LLOYD SURVEY; THENCE NORTH 89 DEG. 59 MIN. 44 SEC. WEST WITH THE SOUTH LINE OF SAID PORTERFIELD TRACT AND LLOYD SURVEY IN AUDRA LANE A DISTANCE OF 638.24, FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEG. 59 MIN. 44, SEC. WEST WITH THE SOUTH LINE OF SAID PORTERFIELD TRACT AND LOYD SURVEY, PASSING AT 27.00 FEET THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO CARL LAIRD AND WIFE, SYLVIA LAIRD BY DEED RECORDED IN VOLUME 1045, PAGE 419, DEED RECORDS, DENTON COUNTY, TEXAS, AND CONTINUING FOR A TOTAL DISTANCE OF 4,0.00 FEET TO A POINT FOR CORNER; THENCE NORTH O0 DEG. O0 MIN. 16 SEC EAST A DISTANCE OF 59.78 FEET TO A POINT FOR CORNER; THENCE SOUTH 89 DEG, 59 MIN. 44 SEC. EAST A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER; THENCE SOUTH O0 DEG. O0 MIN. 16 SEC. WEST A DISTANCE OF 60.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 2,400 S,F. OF LAND. I inch = 200 feet -T