19-2675 ORDINANCE NO. 19-2675
AN ORDINANCE OF THE CITY OF DENTON RELEASING, ABANDONING, AND
VACATING (i) A PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF DENTON
BY AARON BALTAZAR, LTD., RECORDED AS INSTRUMENT NO. 2005-142281 IN THE
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND (ii) A DRAINAGE
EASEMENT GRANTED TO THE CITY OF DENTON BY AARON BALTAZAR, LTD.,
RECORDED AS INSTRUMENT NO. 2005-142277 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 Public Access Easement granted
by Aaron Baltazar, Ltd., recorded as Instrument No. 2005-142281 in the Real Property Records of
Denton County, Texas, and a Drainage Easement granted by Aaron Baltazar, Ltd., recorded as
Instrument No. 2005-142277 in the Real Property Records of Denton County,Texas. (the"Subject
Easements"); and
WHEREAS, Marker Stone Realty Partners II, LLC., a Texas limited liability company
("Owner") has represented to the City that it is the owner of the property subject to the Subject.
Easements; and .
WHEREAS, the Owner has requested the City to release, abandon, and vacate the Subject
Easements in their entirety as furtherinfrastructure construction makes the Subject Easements
unnecessary; and
WHEREAS, City staff reviewed the request of the Owner, determined that the Subject
Easements •are no. longer necessary, and recommends the Subject Easements 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 Easements ' held by the City, of Denton are released,
abandoned, and vacated in their entirety:
a. Public Access Easement granted by Aaron Baltazar, Ltd., recorded as Instrument
No. 2005-142281 in the Real Property Records of Denton County, Texas.
b. Drainage Access Easement granted by Aaron Baltazar,Ltd.,recorded as Instrument
No. 2005-142277 in the Real Property Records of Denton County, Texas.
SECTION 3. The City Manager, or his designee, is authorized to execute a release
document evidencing the abandonment of the Subject Easements, 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 Easements 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 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.
n
The motion to approve this ordinance was made by ;)o/14/ y /V` and
seconded by &WZD 7914435)071/ , the ordinance was passed and approved by
the following vote [ '7 - 0 ]:
Aye Nay Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1: V
Keely G. Briggs, District 2: ✓
Jesse Davis, District 3: ✓
John Ryan, District 4: V
Deb Armintor,At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AN ROVED this the / ' day of , 2019.
4A, F De%
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1.
' ' CS WATTS, MAYOR
4/1/7
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ATTEST:
ROSA RIOS, CITY SECRETARY
AO
BY:
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: '44710:Ce
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