2002-162S:\Our Documents\Ordinanccs\02\Shadow Brook PUE Ordinance.doc
ORDINANCE NO.
CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A QUIT CLAIM DEED TO
ABANDON AN ALL PURPOSE UTILITY EASEMENT CONSISTING OF A 0.427
ACRE TRACT OF LAND BEING A PART OF SHADOW BROOK PLACE, AN
ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET T, PAGE
171 OF THE PLAT RECORDS OF DENTON COUNTY TEXAS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, WBB&B Holdings, Ltd., a Texas limited partncmhip, has made a
request to the City Council of the City of Denton, Texas to close and abandon a sanitary
sewer easement containing approximately 0.427 acre of land as more particularly
described in Exhibit "A" attached hereto and made a part hereof by reference (the
"Property"); 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 sanitary
sewer purposes; and
WHEREAS, the City Council hereby finds and determines that the Property is not
needed for sanitary sewer easement purposes and it is in the public interest to abandon
the Property and quit claim the City's interests therein to the landowner, WBB&B
Holdings, Ltd., a Texas limited partnership ("Current Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The City Council hereby abandons the Property. The City
Manager, or his designee, is authorized to execute a quit claim deed to the Current
Owner of the Property.
SECTION 2. This ordinance shall become effective immediately upon its passage
and approval.
/
PASSED AND APPROVED this the CA -'~ day of /////_,{~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
0.427 ACRE
ALL PURPOSE D'£~LITY
EASEMENT ABANDONMENT
SHADOW BROOK PLACE
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a part of Shadow Brook Place, an addifion-tothe-City;of-Dentorb-as record~.x~ hi.
Cabinet T, Page 171 of the Pht Records of Denton,.G.~tmz~..Trz~,~olldd~e/ng~?
25.00 foot All Purpose Utility Easement as
Deed Records of Denton County, Texas, and be/ng.lnncepimit, xfi~fiv~des~r~bei'r,~- .
follows:
BEGINNING at a point in the west line of said 25.00 foot-easement.and-in.the~outh_liue_
of Lamplighter Drive, same being South 89 degrees22 minutes-2g-second~ Eastr from.the
northwest corner of Lot 1, Block B of said Shadowy e/~ook'i-ll/ceci
THENCE South 89 degrees 22 minutes 28 secondigI/~-3~th,th~codLf;li~,~xia
Lamplighter Drive, a distance of 25.00 feet to a pobiV, fa-oc-co~L-i,tk/~"ze~line, o/L~.~kl
25.00 foot easement;
THLeNCE South 00 degrees 37 minutes 35 second~3k!e~.lnith.the east line ofiaid 25.00'
foot easement, a distance of 744.17 feet to lhe southeast'~orner'~/~s~id.25.O0.foot-
easement;
'ITtL:NCE North 89 degrees 22 minutes 25 secondi_~L~.'.~tfit~ut~'~om~alio~&gskia
25.00 foot easement a distance of 25.00 feet to the~o~tlve.~b~omc~,cg~i~3~0q,foe
easement;
THENCE North 00 degxees 37 minutes 35
foot easement, a distance of 744.17 feet to the POI)~;['5 r~F~9~V.F~-~,fLand, c~ra,ainiB_~
0.427 of an acre of land more or less.
S:\Our Documents\Contracts\02\Shadow Brook PUE QCD.doc
QUIT CLAIM DEED
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State
of Texas (the "Grantor"), in consideration of the sum ofTen Dollars and No Cents ($10.00) and
other good and valuable consideration in hand paid by WBB&B Holdings, Ltd., a Texas limited
partnership of the County of Denton, State of Texas (the "Grantee"), the receipt of which is
hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, its successors and
assigns, all its right title and interest in and to that certain tract or parcel of land lying in the
County of Denton and State of Texas, described in Exhibit "A" and illustrated in Exhibit "B"
attached hereto and made a part by reference (called the "Property").
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property
unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or
assigns shall have, claim or demand any right or title to the Property or appurtenances or any part
thereof.
Witness my hand, thisthe c~/~dayof ~'fi~ ,2002.
CITY O F~.F~N-T:O.N, TaE X& S
City Manager (._.-/
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged 1~ re me on
Michael A. Conduff, City Manager, City of7 1. ~.~)~ ~ A~, ~Y~/,~ ~ ~, ~/-'~ ~
l~. ,'~;~,~. ~1 r-oasme I Notary ~t lie, in and fo~' the .S~t~d of Texa. s.
~ MY CO~hs~I,~00~PIRES II My Commission Expires:
, 2002 by