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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:\/ \/ P V/ P V/ \/ 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: l@ PASSED AND APPROVED this the b' day of A?( t \_, 2021. E fDmP MAYOR Page 2 A\Ill BIll/f DEOF••••+••ATTEST: ROSA RIOS, CITY SECRETARY A APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Page 3