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2012-058s:llegallo�Er doeume�ztslardictances1121crossivinds c�se��ient ahandom33ent ordin��ce.dac ORDINANCE NO. 2O � 2-OSS AN ORDINANCE ABANDONING AND VACATING A UTILITY EASEMENT (HEREIN SO CALLED) RESERVED BY THE CITY �F DENTON, TEXAS IN {I) THAT CERTAIN QUITCLAIM, DATED ON OR ABOUT 3ANUARY 16, 1979, FROM THE CITY OF DENTON TO W.D. GASTON, RECORDED IN VOLUME 93�, PAGE 6b9, REAL PRQPERTY REC�RDS, DENTON COUNTY, TEXAS; AND (II) THAT CERTAIN QUITCLAIM, DATED ON OR ABOUT JANUARY lb, I9'79, FR�M THE CITY OF DENTON TO EVA INEZ GILES, RECORDED iN VOLUME 934, PAGE 6b7, REAL PR4PERTY RECORDS, DENT�N COUNTY, TEXAS, SAID UTILITY EASEMENT LOCATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, DENTON C�UNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE, WHEREAS, Crosswind Village UNT, LLC ("Owner"} has represented to khe City of Denton that it is the underlying fee simple o�rne�� of iands encumbe�'ed by the Utility Easeme��t; aiid WHEREAS, the Owner has rec�uested t��e City of Der�ton to abandon the Utility Ease�nent; and WHEREAS, staf� �as re�iewed the requested abandonment of tl�e Utility Easement and has recammended approval of such abandonn�ent; ar�d WHEREAS, the City Council of the City af Denton, Texas has determined tl�at it is i�� the public interest to abandon the Utility Easement; NOW, THEREF�RE, THE COUNCIL OF THE CTTY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings contained in thi� o�•dit�ance a�•e incorporated hecein by reference the same as if iully set forth in this Section 1. SECTION 2. The Utility Easement is he��eby permanently abandoy�ed atid, subject to the reservations set forth in tkiis ordinance, al1 of the City's �•ight, title and intei•est in the Utility Ease�nent is hereby �•eleased ta the Owner, A cet�tified copy of t�is ardinance may be reca�'ded i�1 the Real Prope2�ty Records of Dentan County, Texas to evidence tl�is abandonment and zelease. SECTION 3. Notwithstaading anything to the cant��ary cantained in this o�•dinat�ce, the Cify of Denton hereby retains and �•eserves any and all easements, rights of way and any ather rights or interests, other than the Utility Easement, whet�er acquii•ed, obtaia�ed, owned or claimed by tlie City of Denton o�• public, by, tht�augh or unde�• conveyance, dedication by plat or other express dedication, implied dedication, prescripiion, or hy any other mannex ar means, in or to lands in wl�ich the Ut�lity Easement may co�ei•, encumber, include, cross or ovezlap. SECTION 4. This ordiY�ance shall becorzae effecti�e immediately upon its passag� and approval. ��� ; �r t �'� > >. , , �.�� �'A�SED AI�iD �PPRC�V�� fl�is tlie � ` d�y a�f �''//%,� t, � ��F _�.F , 2�i12. aTT�sT: ��raN�F�,�. �a�T��s, c��r� s�crz�c�.�rz� � `� s - � B�: `. �.;� �, �£ .v. :.��� ,�... .�s�,�...��...� , A��R{�V�D A'� T(] LEG�L FQRIv1: ANITA F3�JRGESS, ��TY �T1'Q�RN�Y �,,- ` � �Y: �.m...���.,v..�_n_,...,.. �� .�-� ,,� 1 ' �Ot/ l.rt1�Y�� r �_ �' * � . l��c ���` �� � n�ar��. �. �V�RC�� 1��5 �.�o� �� Pa�e 2