19-1543 ORDINANCE NO. 19-1543
AN ORDINANCE OF THE CITY OF DENTON RELEASING, ABANDONING, AND
VACATING A 0.054 ACRE SANITARY SEWER EASEMENT RESERVED BY THE CITY OF
DENTON IN THE DEED WITHOUT WARRANTY TO TEXAS SB HOLDINGS, LLC, A
TEXAS LIMITED LIABILITY COMPANY, RECORDED AS INSTRUMENT NO. 2013-30090
IN THE REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the holder of a Sanitary Sewer Easement as
reserved in the Deed Without Warranty granted to Texas SB Holdings, LLC, a Texas limited
liability company, recorded as Instrument No. 2013-30090 in the Real Property Records of Denton
County, Texas (the "Subject Easement"); and
WHEREAS, Golden Star Rock Investments, 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 Sanitary Sewer Easement held by the City of Denton is
released, abandoned, and vacated in its entirety:
That certain sanitary sewer easement reserved by the City of Denton in that certain
Deed Without Warranty recorded as Instrument No. 2013-30090, Real Property
records, Denton County, Texas, as more fully described and depicted on Exhibits
B and C thereto.
SECTION 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.
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st.concle�l l� '�:-• = j, ;.v ;: , the ordinance was tAswd and approved by
Ilie i'()IIoWilig vote 1. `j� _ 0 J:
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 10fday of Gt.� , 2019.
CHRIS ATTS, MAYOR
ATTEST:
N l
ROSA RIOS, CITY SECRETARY
BY:
A VS
Pagel
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
r
BY:
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