2017-197S:\Legal\Our Documents\Ordmanccs\17\WF EE Abandonment Ordinance draft - Final.docx
ORDINANCE NO. 2017-197
AN ORDINANCE RELEASING, ABANDONING AND VACATING A 0,083 ACRE
ELECTRIC EASEMENT GRANTED TO THE CITY OF DENTON, TEXAS, BY ALES. -f
WILLIAMS ON OCTOBER 11, 1956 AND RECORDED IN VOLUME 426, PAGE 97, DEED
&ECORDS, DENTON COUNTY, TEXAS, AND LOCATED IN BLOCK 20 OF THE
ORIGINAL TOWN OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the holder of the electric easement granted to
the City by Alex Williams, dated October 11, 1956 and recorded in Volume 426, Page 97 of the
Deed Records of Denton County, Texas (the "Electric Easement"); and
WHEREAS, Apartments at Victoria Square #1, L.L.C., a Texas limited liability company
("Owner") has represented to the City it is the owner of the property subject to the Electric
Easement; and
WHEREAS, the Owner has requested the City release, abandon, and vacate the Electric
Easement; and
WHEREAS, the City reviewed the request of the Owner, determined the Electric Easement
is no longer needed, and recommended the Electric Easement be released, abandoned and vacated;
and
WHEREAS, the City Council of the City of Denton, Texas, finds it is in the public interest
to release, abandon, and vacate the Electric Easement; NOW, THEREFORE,
SECTION 1. The recitations and finding set forth above are incorporated by reference.
SJ`(,`JJON2, The following public Electric Easement held by the City of Denton, Texas,
is released, abandoned, and vacated:
A. 0.083 acre Electric Easement granted to the City of Denton, Texas,
by Alex Williams on October 11, 1956 and recorded in Volume 426 Page 97, Deed
Records, Denton County, Texas.
!SlCTIQN 3. The City Manager, or his designee, is authorized to execute a release
evidencing this abandonment of the Electric Easement, suitable for recordation in the Real
Property Records, Denton County, Texas.
Sf.,'CTION 4, 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 Electric Easement released 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 Electric Easement 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 thef—S ay of � 2017,
CIILi,tWA," `"W'�5y'%R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: CL .A
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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BY:u
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