2013-294Olegahour documents \ordinances \13 \callahan ord 10- 10- 13.doc
ORDINANCE NO. 2013 °294
AN ORDINANCE ABANDONING AND VACATING A SANITARY SEWER EASEMENT
(THE "EASEMENT "), GRANTED BY HENRY S. MILLER COMPANY, TRUSTEE TO THE
CITY OF DENTON, TEXAS, PURSUANT TO THAT CERTAIN EASEMENT, DATED
DECEMBER 18, 1973, AND RECORDED IN VOLUME 695, PAGE 350, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, SAID EASEMENT ENCUMBERING LANDS
LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 AND THE
MOREAU FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS, AND
GENERALLY LOCATED AT THE 5600 BLOCK OF EAST MCKINNEY STREET;
REPEALING CITY OF DENTON ORDINANCE NO. 99 -226 RELATED TO THE
PURPORTED PARTIAL RELEASE OF THE EASEMENT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Robert W. Callahan ( "Owner "), has represented to the City of Denton that
he is the underlying fee simple owner of lands encumbered by the Easement; and
WHEREAS, the Owner did grant, at the City of Denton's request, an alternative Sanitary
Sewer and Reuse Line Easement encumbering Owner's lands, that easement conveyance
instrument being recorded under Document Number 2007 - 21852, Real Property Records,
Denton County, Texas; and
WHEREAS, the Owner has requested the City of Denton to abandon the Easement; and
WHEREAS, staff has reviewed the requested abandonment by Owner of the Easement,
as provided above, and has recommended approval of such abandonment; and
WHEREAS, on July 19, 1999, the City Council of the City of Denton, Texas did approve
Ordinance 1999 -226, in respect to the Easement and its alleged encumbrance to phases of the
McDonnell Highlands addition, an addition to the City of Denton, Texas; and
WHEREAS, further study of area land title information reveals that the findings of
Ordinance 1999 -226 were based on erroneous information provided by the petitioner as to the
precise location of the easement tract; and
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to abandon the Easement and repeal and supercede Ordinance No. 1999 -226;
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. Ordinance 1999 -226 is hereby repealed and superceded by this ordinance.
SECTION mm3. 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 4. 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the S5 � y
d of 2013.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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