2014-206s:\legal\our documents\ordinances\14\villages of carmel drainage easements abandonment ordinance - ICC.CIOCX
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WHEREAS, the City of Denton is the holder of the Drainage Easements;
WHEREAS, VOC1B, LLC ("Owner") has represented to the City it is the owner of the
property subject ta the Drainage Easernents;
WHEREAS, the Owner has requested the City release, abandonment and vacate the
Drainage Easements;
WHEREAS, the City reviewed the requests of the Owner, determined the Drainage
Easements are no langer needed, and recommended the Drainage Easements be released,
abandoned and vacated; and
WHEREAS, the City Council of the City af Denton, Texas, finds it is in the public
interest to release, abandan, and vacate the Drainage Easements; NOW, THEREFORE,
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SECTION 1. The recitations and finding set forth above are incorporated by reference.
SECTION 2. The following public drainage easements held by the City of Denton,
Texas, are released, abandoned, and vacated:
A. A 0.131 acre Public Drainage Easement granted to the City af Dentan,
Texas, by Holigan Development, Ltd., an November 3, 2005, and recorded as Instrument
No. 2005-140640, Real Property Records, Denton Caunty, Texas; and
B. A 1.1844 acre Public Drainage Easement granted ta the City af Denton,
Texas, by Haligan Develapmenty LL�.y on November 3, 2005, and recorded as Instrurnent
No. 2005-140641, Real Property Records, Denton County, Texas.
SECTION 3. Notwithstanding anything to the contrary contained in this ordinance, the
City of Denton retains and reserves any and all easements, rights of way and any other rights or
interests, other than public drainage easements which were released, abandoned, vacated in
Section 2 above, 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 Drainage
Easements may cover, encumber, include; cross or overlap.
SECTION 4. The provisions of this ordinance are severable, and the invalidity of any
phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval. �r�
PASSED AND APPROVED this the day of ��, �� , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY; �
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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WATTS, MAYO