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2002-407S:\Our Documents\Ordinances\02~Bellair¢ North Easement Abandonment Ordinance.doc ORDINANCE NO. ~7~00C~-/7/~7 AN ORDINANCE BY THE CITY OF DENTON ABANDONING AND VACATING A PORTION OF A DRAINAGE EASEMENT FROM SHEPHERD PLACE HOMES INC RECORDED IN VOLUME 4588, .PAGE 107 DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city of Denton has received a request for the partial abandonment of certain drainage easement from the underlying and abutting fee simple owner, Shepherd Place Homes, Inc.; and WHEREAS, the property to be abandoned is described in Exhibit "B" and illustrated in Exhibit "A", attached hereto and made a part hereof by reference (the "Abandoned Drainage Easement"); and WHEREAS, the City of Denton Engineering Department has reviewed the Property and determined that it is excess easement and is not needed for future drainage purposes; and WHEREAS, the City Council hereby finds and determines that the Property is not needed for drainage easement proposes and it is in the public interest to abandon the Property and the City's interests therein to the landowner, Shepherd Place Homes, Inc.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The Property as described in Exhibit "B" is vacated and permanently abandoned as a drainage easement. SECTION 2. The interests of the City of Denton in the Property is hereby released and will revert to the owners as provided by law. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ]0~-~ dayof ~/~(//~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L~I~OUTY, CITY ATTORNEY Page 2 ,0 ~100 SP-.ALE: 1~ ~ 100 ~y: NO/02 Exhibit A EXHIBIT B Legal Description for a lO' Drainage Easement Abandonment out of the Joseph D. Lilly Survey, A.773 Denton, Denton County, Texas BEING all that certain tract, parcel or strip of iland out of the Joseph D. Lilly Survey,. A-773 in the City of Denton, Denton ~ County, Texas described by deea recorded by Clerk's File Number 99-00016722., Deed Records, Denton County, Texas and more particularly described as foll'~ows: BEGINNING at a point that is g5.17 feet, S 4(,9°49'14'14/from the southwest corner described by deed recorded by Clerk's File Number 99-0001672, Deea Records, Denton County, Texas; THENCE N46°49'11"E, 805.73 feet to a pointt for comer, THENCE S89°43'58"E, 14.54 feet to a point flor corner, THENCE S46°49'11"W, 808.75 feet to a poimt for comer, THENCE N80°10 '47'I/V, 12. 52 feet to the Plaice of Beginning and containin.~ 8,080 square feet of land more or less. "Dedicated to Quality Service" w'uno, dtyof~ton.com