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2002-163S:\Our Doeuments\Ordinancea\02\Shadow Brook SSE Ordinance.doc O ANCENO. dOOr-' CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUIT CLAIM DEED TO ABANDON A SANITARY SEWER EASEMENT CONSISTING OF A 0.293 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 partnership, has made a request to the City Council of the City of Denton, Texas to close and abandon an all purpose utility easement containing approximately 0.293 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 utility purposes; and WHEREAS, the City Council hereby finds and determines that the Property is not needed for utility easement purposes and it is in the public interest to abandoned 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 clakn 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 J/~-day of )2fi~ , 2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 EXHIBIT A 0.293 ACRE SANITARY SEWER, EASEMENT ABANDONMENT SHADOW BROOK PLACE CITY OF DENTON DENTON COLrNTY, TEXAS BEING a part of Shadow Brook Place, an addition to the City of Denton, as recorded in Cab/net T, Page 171 of the Pla~ Records oFDenton County Texas, and being part ora 20.00 foot Sanitary Sewer Easement as recorded/n Volume 752, Page 408 of the Deed Records of Denton County, Texas, and bein§ more particularly described as follows: BEGINN~G at a point at the northeast comer of f said 20 foot easement, same being Soulh 02 degrees 31 minutes 45 seconds F. ast, froem the northwest comer of Lot 1, Blocl B of said Shadow Brook Phce same being in the ssouth line of Lamplighter Drive; THENCE South 00 degrees 04 minutes 39 seconds East, with the east line of said 20.00 foot e~semen~, a distance of 367.10 feet to a point for corner; ~CE South 38 degrees 15 minutes 18 seconds East, continuing with the east line of said 20.00 foot easement, a distance of 270.97 feet to a point in the south line of Lot I 1, Block A of,said Shadow Brook Place; THENCE North $9 degrees 49 minutes 29 seconds West, with the south line of sa/d Lot 11, a distance of 25.55 feet to a point for comer; THENCE North 38 degrees 18 minutes 18 secondfls West, with the west line of said 20,0( foot easement, a distance of 262.00 feet to a point t for comer; THENCE North 00 degrees 04 minutes 39 seconds West, continuing with the west lhte of said 20.00 foot easement, a distance of 374.27 feet to the northwest corner of sald 20 foot easement; THENCE North 89 degrees 22 minutes 25 seconds West, with the north line of said 20.00 foot easement a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.293 of an acre of land more or less. S:\Our Documents\Contracts\02\Shadow Brook SSE 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 stun of Ten 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 fight title and interest in and to that certain tract or parcel of land lying in thc 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 fight, 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, this the _/~/%ay of /~ , 2002. By:f J / / t-~'Michael ~_. C~nd~ff~'~,~ City Manager ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instmment was acknowledged belle me on '~{/4~ ~/ Michael A. Conduff, City Manager, City ofD~../~m .. '..~(/ .... ,, Notary P~{blic, in and for the{~t_ate o.~f T. exas. ]l.~.. - A,a/~',,.o,~,- 7[ My Commission Expires: ,~-,~0 (~ ,2002 by