19-1045SAlegahour documents\1 9\ord inances\windjammer, 1td
WHEREAS, the City of Denton ("City") is the holder of a Public Access Easement granted
by Windjammer Ltd., recorded as Instrument No. 2005-11369 in the Real Property Records of
*enton County, Texas (the "Subject Easement"); and
WHEREAS, the Owner has requested the City to release, abandon, and vacate the Subject
Easement in its entirety as further infrastructure construction makes the Subject Easement
unnecessary; and
);THEREAS, City staff reviewed the request of the Owner, determined that the Subject
Easement is no longer necessary, and recommends the Subject Easement be released, abandoned,
and vacated as specified herein; and
WHEREAS, the City Council of the City of Denton finds it is in the public interest to
release, abandon, and vacate the Subject Easement; NOW, THEREFORE,
SECTION 1. The recitations and finding set forth above are incorporated herein by
reference.
SECTION 2. The following Public Access Easement held by the City of Denton is
released, abandoned, and vacated in its entirety:
That certain public access easement granted by Windjammer Ltd., recorded
[ristrument No. 2005-11369, Real Property records, Denton County, Texas.
SE 66 CTION 3. The City Manager, or his designee, is authorized to execute a release
document evidencing the abandonment of the Subject Easement, suitable for recordation in the
Real Property Records of Denton County, Texas.
SECTION 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 Subject Easement released, abandoned, and 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 Subject 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. .....�.._..
to approve this ordinance was made b " The motion � pp ---- _� the ordinance„ was ��',:..__.......... ..... __ and
seconded b �, r/ �ro r � � ;u 'tssed and approved by
Aye Nay Abstain Absent
Chris Watts, Mayor: V1
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3: a
._......._...�.
John Ryan, District 4: °fa
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of ll '(1 2019.
" CHRIS��'A`i"`l"S, I AYOR.... --rn
mm
Page 2
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTOI :1:#"Y
BY:
- - _..._ -
Page 3