21-009ORDINANCE NO. 21-009
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.
DAN HARVEY, RECORDED AS INSTRUMENT NO. 1978-2348 1N THE DEED RECORDS
OF DENTON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTrvE
DATE
WHEREAS, the City of Denton (“City”) is the holder of an Electric Utility Easement
granted by James H. Jones, H.M. Burgess, Billy R. Jones, and J. Dan Harvey, recorded as
Instrument No. 1978-2348, in Volume 873, Page 509 of the Deed Records of 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 the Subject Easement is no longer unnecessary because the
infrastructure that was in the Subject Easement has been removed, alternative easements have been
received from the Owner as described and depicted on the Replat of Lot 1, Block A, E. Puchalski
Survey, Abstract 996, filed in the Official Records of Denton County, Texas as Document Number
2019-86, and future electrical infrastructure will be constructed therein soon; and
WHEREAS, City staff reviewed the request of the Owner, determined that, with the
alternative easements and soon-to-be constructed infrastructure, 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 Utility Easement held by the City of Denton is
released, abandoned, and vacated in its entirety:
That certain easement granted by James H. Jones, H.M. Burgess, Billy R. Jones and
J. Dan Harvey, recorded as Instrument No. 1978-2348 in the Deed Records, Denton
County, Texas.
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.
s e c o n d er:y ][n==E(X} : Ie boT d =====1: P a ::Id : n i a PP rove dE
the following vote b - J :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:,/r
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Birdia Johnson. District 1 :
Connie Baker, 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 thi, th, a,yb d,y ,f =S,n Do,t L/ , 2021
GERARD HUDSPETH, MAYOR
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ATTEST :
ROSA RIOS, CITY SECRETARY
I
APPROVED AS TO LEGAL FORM:
StIll IIII
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