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2017-196s:\Legal\Our Documents\Ordinances\17\CLN DE Abandonment Ordinance - TL rev.docx AN ORDINANCE RELEASING, ABANDONING AND D V . . . 2.056 ACRE PUBLIC DRAINAGE EASEMENT GRANTED TO THE CITY OF DENTON, TEXAS BY WYNNE/JACKSON LAKES•r ► . TEXAS PARTNERSHIP ON MAY 25, 2005 AND RECORDED AS INSTRUMENT NO.11 • REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS,; PROVIDING FOR SEVERABILITY • .EFFECTIVED. _ City oDenton,Texasf holderof public drainag@ easement granted to the City by Wynne/JacksonDevelopment,r dated May 25, 2005n recorded as Instrument No. 2005-85937 of the Real Property Records, Denton County, Texas (th,� "Drainage Easement"); and WHE .•- ' Bloomfield '' a Texas limited partnership • has represented to the City it is the owner of the property subject to the Drainage Easement; and WHEREAS, the Owner has requested the City release, abandon and vacate the Drainage Easement in its entirety as recently constructed drainage facilities supersede the necessity of the Drainage Easement; and WHEREAS, the City reviewed the request of the Owner, determined the Drainage Easement is no longer needed, and recommended the Drainage Easement be released, abandone4 and -• d WHEREAS, the City Council of the City of Denton, Texas, finds it is in the public interest to release, abandon, and vacate the Drainage Easement; NOW, THEREFORE, SECTION 2. The following Drainage Easement held by the City of Denton, Texas, is released, abandoned, and vacated in its entirety: Wynne/Jackson2.056 acres Public Drainage Easement granted to the City of Denton, Tex by . : Texas Limited Partnership on 25, 2005 and recorded as instrument No. 2005-85937, Real Property Recor Denton County, Texas, and designee,SECTION 3. The City or his release r document evidencing this abandonment of the Drainage Easement, suitable for recordation in the Real Property Records of Denton County, Texas, 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 the 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 Drainage Easements may cover, encumber, include, cross, or overlap. 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 tA 2017. C I I R, IS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: . ,. APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: Page 2