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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 ,/‘ -L / I 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 Page 2 ATTEST : ROSA RIOS, CITY SECRETARY I APPROVED AS TO LEGAL FORM: StIll IIII Page 3