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