19-1542 ORDINANCE NO. 19-1542
AN ORDINANCE OF THE CITY OF DENTON RELEASING, ABANDONING, AND
VACATING A 715.20 SQUARE FOOT ELECTRIC UTILITY EASEMENT GRANTED TO
THE CITY OF DENTON BY JAMES H. JONES, H.M. BURGESS, BILLY R. JONES, AND J.
DON HARVEY, RECORDED AS INSTRUMENT NO. 1976-21419 IN THE DEED RECORDS,
DENTON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of Denton ("City") is the holder of an Electric Easement granted by
James H. Jones, H.M. Burgess, Billy R. Jones, and J. Don Harvey, recorded as Instrument No.
1976-21419, in Volume 809, Page 889 of the Deed Records, Denton County, Texas (the "Subject
Easement"); and
WHEREAS, D and H Denton, LLC, a Texas limited liability company ("Owner"), has
represented to the City that it is the owner of the property subject to 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
WHEREAS, 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,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and finding set forth above are incorporated herein by
reference.
SECTION 2. The following Electric Easement held by the City of Denton is released,
abandoned, and vacated in its entirety:
That certain electric easement granted by James H. Jones, H.M. Burgess, Billy R.
Jones and J. Don Harvey, recorded as Instrument No. 1976-21419 in the Deed
Records, Denton County, Texas.
`�I .( I It N 1. 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.
The motion to approve this ordinance was made by0 and
Secolldec.i by _ je,5., -Z-) ' 13 , the ordinance was p sed and approved by
tllc I V - 611:
Aye Nay Abstain Absent
Chris Watts, Mayor: ✓
Gerard Hudspeth, District 1: ✓
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4: ✓
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the AkA day of , 2019.
CHRIS /TTS, MAYOR
ATTEST: f 4,cj,
ROSA RIOS, CITY SECRETARY
Page 2
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
Page 3