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2017-084S:\Lega1\Our Documents\Ordinances\17\Teasley Corninons Easement Abandonment Ordinance -TL rev - Clean.docx •'! • 1 * AN ORDINANCEABANDONING ! VACATING A 2.249 ACRE PUBLIO DRAINAGE ! TO THE CITY OF COMMONS, ! ON 10 AND RECORDED AS INSTRUMENTNO. 114 PROPERTY RECORDS,DENTON COUNTY,! IN THE C. POULALLIER SURVEY, ABSTRACT NO, 1006, DENTON COUNTY, TEXAS, ANA LOCATED WITHIN THE 3200 BLOCK OF AND DECLARING . EFFECTIVE DATE. . i-• -• • • • • a• • • • . .+011 LAJ 0 1 M,r WHEREAS, the Owner has requested the City release, abandon and vacate the Drainage Easement; and WHEREAS, staff reviewed the request of the Owner, and recommends that the Drainage Easement be released, abandoned and vacated after the following conditions have occurred: (1) the construction, completion, and acceptance by the City of the planned permanent drainage infrastructure re4cuired for the overall Te.... • • ` •• • • - r-• • • above- referenceddrainage easements to the City, as evidence by the recordation of the pending final subdivision plat of Lots 5 and 6, Block A, Teasley Commons Addition; and 1THEREAS, the City Council of the City of Denton, Texas, finds it is in the public interest conditions; N• •' URI 1111 1 07AEM= SECTION 2. The 2.249 acre Public Drainage Easement granted to the City of Denton, by Teasley• • • . Texas limited liability partnership, recorded as Instrument No. 114Real Property Records, Denton County,- • be - -• abandoned, and vacated without further action of • after the occurrence of • • • .' • • • • •" • •. -• - *f fie • -•- arainage infrastructure required Tor the overall I easley Commons Aciaition; and (2) the clealcation of new drainage easements to the City, as evidenced by the recordation of the pending final subdivision • .T of • and • Block •' Teasley Commons• • • 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 Easement 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 Public Drainage Easement may cover, encumber, include, cross or overlap. SECTION 4. Following the occurrence of the conditions specified above, the City Manager, or his designee, is authorized to execute a release document evidencing this abandonment of Public Drainage Easement, suitable for recordation in the Real Property Records, Denton County, Texas. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the'. day of,., �qw2017, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: !1 1111 1111 �i,� , , I "SKONINEWAAANT49, -1 Wei I BY: . . . ....... Page 2 - ------------ - ---- CHRIS WAU—,-),4,YOR