2017-110S:\Legal\JADE Planning and Zoning Folders\2017.005 HHA for Fence Issue\Bianum Drainage Easement Abandonment Ordinance.docx
AN ORDINANCE ABANDONING AND ♦ ♦ ♦ DRAINAGE AND OOD'
EASEMENT ON PROPERTY MORE PARTICULARLY DESCRIBED AS LOT I A, BLOCK 4,
THE VILLAGE, PHASE 1, AN ADDITION TO THE CITY OF DENTON, RECORDED IN
CABINET V, PAGE 760 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND
["ROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Denton (the "City") is the grantee of a certain drainage and
floodplain easement located on the property described as Lot IA, Block 4, The Village, Phase 1,
an addition to the City of Denton, County of Denton, Texas (the "Property") and reflected on the
1�,lat recorded in Cabinet V, Page 760 of the Plat Records of Denton County, Texas (the
"Easement") which said Plat is attached as Exhibit A to this Ordinance and incorporated herein;
•
issuedWHEREAS, on March 2, 2006, the Federal Emergency Management Agency (FEMA)
. Letter of .• Revision Based on Fill Determination D• (Removal), . J
the need for the Easement on ■ op and
WHEREAS, Bianurn Revocable Trust, as the owner of the Property, has requested the City
to abandon and release the Easement on the Property; and
WHEREAS, the City Council has reviewed the abandonment request of the Property owner
and finds that the abandonment and release of the Easement is in the best interest of the City of
erto is no longer needed for -,tublic use - NOW
THEREFORE,
�' � � ' is �R �♦
SECTION 1. The Drainage and Floodplain Easement depicted on the Plat in Exhibit A
is hereby closed, abandoned, and vacated. Notwithstanding anything to the contrary, nothing
contained herein shall affect, and the City hereby retains and reserves any and all rights it may
have in all other easements and/or rights of way, including without limitation, street rights of way
•' utility easements, whether conveyed 1' other instruments, or dedicated • . • • by • .'
in which the Easement may cross and/or overlap.
SECTION 2. The City Manager is hereby authorized to sign a Release of Easement in the
form attached hereto as Exhibit 13, to be filed in the Deed Records of Denton County, Texas.
SECTION 3_. This ordinance shall become effective immediately upon its passage and
approval,
S:\Lega]\JADE Planning and Zoning Fold ers\2017.005 HHA for Fence lssue\Bianum Drainage Easement Abandonment Ordinance.docx
PASSED AND APPROVED this the xday of 2017.
CHRIS WATTS, MAYM
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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s:\legal\jade planning and zoning folders\2017.005 I for fence issue\release of drainage easement - bianum revocable trust.doc
'. IN i '11W-11
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041111119
. , 1419114111,4 MA DIRR's
"Easement") which said Plat is attached as Exhibit 1 to this Release and incorporated herein; and
••• •• .'I • • - a ••• • •
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and thus files this Release..
• �- • •ME 11 •. 11 11 1111 11
• •• •', • • • •- • •
is hereby acknowledged by City and Landowner, have forever released and abandoned the
Drainage and Floodplain Easement, as depicted in Exhibit 1.
Notwithstanding anything to the contrary herein, nothing contained herein shall affect,
and the City hereby retains and reserves, any and all rights it may have in all other easements
and/or rights of way, including without limitation, street rights of way and utility easements,
whether conveyed by other instruments or dedicated or established by plat, in which the
Easement may cross and/or overlap (the "Non -Released Interests")
Executed this day of AA L 2017.
CITY OF [X,'1N'l`()N
By° ---
TODD HILEMAN, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: A,
A]-')I)WV ED AS1_F0 LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: 111, --Y
State of Texas §
County of Denton §
This ijistniiiient was ackti owl edged before iiie on tlu_ day of
2017, by Todd Hileman, City Manager, City of Denton, a Texas home rule MUlliCillal
corporation, on behalf of said municipal corporation,—,
I C
"P'7""* JENNIFER KWACTERS otal Ptj c
N011ARY PIUSUC-STAYE (* FEAAS
COMM. EXP 42-19-2018
NOTARY go 1117650
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