2013-292sAlegal \our documents \ordinances \13 \allegiance hillview ordinance.doc
ORDINANCE NO. 2013 -292
AN ORDINANCE ABANDONING AND VACATING A TEMPORARY DRAINAGE
EASEMENT (THE "EASEMENT "), GRANTED BY ALLEGIANCE HILLVIEW, LP. TO THE
CITY OF DENTON, TEXAS, PURSUANT TO THAT CERTAIN EASEMENT, DATED
AUGUST 20, 2007, AND RECORDED AS INSTRUMENT NO. 2007 - 104852, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID EASEMENT ENCUMBERING
LANDS LOCATED IN THE BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD
COMPANY SURVEY, ABSTRACT NO. 192, DENTON COUNTY, TEXAS, AND
GENERALLY LOCATED AT THE 2600 BLOCK OF SCRIPTURE STREET; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, 3100 I -35 N., L.L.C., 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:
Iµ;CTJON 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.
E,CTIONw2. 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.
SEC" ION 4, This ordinance shall become effective immediately upon its passage and
approval.
PASSEI) AND APf%0Vl-'.,lD this tfi'CA5 "�- day of, La'-
2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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