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2013-291AN ORDINANCE ABANDONING AND VACATING AN ELECTRIC UTILITY EASEMENT (THE "EASEMENT "), GRANTED BY DENTON COUNTY NATIONAL BANK TO THE CITY OF DENTON, TEXAS, PURSUANT TO THAT CERTAIN EASEMENT, DATED APRIL 22, 1976, AND RECORDED IN VOLUME 783, PAGE 343, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID EASEMENT ENCUMBERING LANDS LOCATED IN THE WM. NEIL SURVEY, ABSTRACT NO. 970, DENTON COUNTY, TEXAS, AND GENERALLY LOCATED AT 235 WEST HICKORY STREET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, RLB Investments LLC, a Texas limited liability company ( "Owner "), has represented to the City of Denton that it is the underlying fee simple owner of lands encumbered by the Easement; WHEREAS, the Owner has requested the City of Denton to abandon the Easement; WHEREAS, staff has reviewed the requested abandonment by Owner of the Easement, as provided above, and has recommended approval of such abandonment; and WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the public interest to abandon the Easement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings contained in this ordinance are incorporated herein by reference the same as if fully set forth in this Section 1. SECTION 2. The Easement is hereby permanently abandoned and, subject to the reservations set forth in this ordinance, all of the City's right, title and interest in the Easement, as abandoned herein, is hereby released to the Owner. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment and release. SECTION 3. Notwithstanding anything to the contrary contained in this ordinance, the City of Denton hereby retains and reserves any and all easements, rights of way and any other rights or interests, other than the Easement, whether acquired, obtained, owned or claimed by the City of Denton or public, by, through or under conveyance, dedication by plat or other express dedication, implied dedication, prescription, or by any other manner or means, in or to lands in which the Easement may cover, encumber, include, cross or overlap. SECTION 4. This ordinance shall become effective immediately upon its passage and approval.. PASSED AM-) APPROVED this the clay of' 2013. Qc rij: X! ",_1 ATTEST: I JENNIFER WALTERS, CITY SECRETARY BY: —, _c 1111H" J APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2