21-594ORDINANCE NO. 21-594
AN ORDINANCE OF THE CITY OF DENTON RELEASING, ABANDONING, AND
VACATING (i) A 0.03 1 ACRE PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF
DENTON BY BELL COMMERCIAL, LTD., RECORDED AS INSTRUMENT NO. 2006-19681
IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND (ii) A 0.017
ACRE PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF DENTON BY DEMAB
CORPORATION, RECORDED AS INSTRUMENT NO. 2007-36481 1N THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton (“City”) is the holder of (i) a Public Utility Easement
granted by Bell Commercial, Ltd., recorded as Instrument No. 2006-19681 in the Real Property
Records of Denton County, Texas and (ii) a Public Utility Easement granted to the City of Denton
by Demab Corporation, recorded as Instrument No. 2007-36481 in the Real Property Records of
Denton County, Texas (collectively, the “Subject Easements“); and
WHEREAS, Murphy Oil USA, Inc., a Delaware corporation (“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 the Subject Easements are no longer necessary because the
infrastructure that was in the Subject Easements has been removed, alternative easements have
been received from the Owner as described and depicted on the Replat of Lots 1 & 7RI, Block A,
Sonic & Murphy Oil Addition, filed in the Official Records of Denton County, Texas as Document
Number 2020-289, and the site utility infrastructure has been constructed and accepted by City
staff; and
WHEREAS, City staff reviewed the request of the Owner, determined that, with the
alternative easements and newly constructed infrastructure, the Subject Easements are no longer
necessary, and recommends the they be released, abandoned, and vacated in their entirety; and
WHEREAS, the City Council of the City of Denton finds it is in the public interest to
release, abandon, and vacate the Subject Easements; 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 followings Easements held by the City of Denton are released,
abandoned, and vacated in their entirety:
a. Public Utility Easement granted by Bell Commercial, Ltd., recorded as Instrument No.
2006-19681 in the Real Property Records of Denton County, Texas; and
b. Public Utility Easement granted to the City of Denton by Demab Corporation, recorded
as Instrument No. 2007-36481 in the Real Property Records of Denton County, Texas.
SECTION 3. The City Manager, or her 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.
The motion to appr£Lve this ordinance was made by :5t55e Oa UsS and
seconded by '-SOb n K/Ca A , the oro d bythe following vote D - a] :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:\/
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V/
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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:
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PASSED AND APPROVED this the b' day of A?( t \_, 2021.
E fDmP MAYOR
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A\Ill BIll/f
DEOF••••+••ATTEST:
ROSA RIOS, CITY SECRETARY
A
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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