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EAR21-0002EAR21-0002 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RELEASING, ABANDONING, AND VACATING A 0.504 ACRE SANITARY SEWER EASEMENT GRANTED TO THE CITY OF DENTON BY ALEX KAISER AND RACHEL KAISER, RECORDED AS INSTRUMENT NO. 2016-21238 AND CORRECTED BY INSTRUMENT NO. 2016-64812 BOTH IN 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 a Sanitary Sewer Easement granted by Alex Kaiser and Rachel Kaiser, recorded as Instrument No. 2016-21238 and corrected by Instrument No. 2016-64812 both in the Real Property Records of Denton County, Texas ("Subject Easement"); and WHEREAS, Brian and Daniella Wright ("Owners"), are the owners of the property subject to the Subject Easement pursuant to General Warranty Deed Instrument No. 2012-39400 in the Real Property Records of Denton county, Texas t; and WHEREAS, the Owner has requested the City to release, abandon, and vacate the Subject Easement in its entirety; and WHEREAS, City staff reviewed the request of the Owner and determined that the Subject Easement is no longer necessary because no infrastructure was ever located within the Subject Easement since the slated City project was re -located to a different location. City Staff therefore recommends the Subject Easement be released, abandoned, and vacated in its entirety; and WHEREAS, the City Council of the City of Denton fords 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 Subject Easement held by the City of Denton is hereby released, abandoned, and vacated in its entirety: a. Sanitary Sewer Easement granted by Alex Kaiser and Rachel Kaiser, recorded as Instrument No. 2016-21238, and corrected by Instrument No. 2016-64812, both 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 Easement, suitable for recordation in the Real Property Records of Denton County, Texas, a copy of which is attached hereto as Exhibit B. 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. The motion to approve this ordinance was made by Z V', o -,o 1� L V ,. and seconded by (�j ; tx:�IN fna,q o; c Q- , the ordinance was passed and approved by the following vote f --7 - Aye Nay Gerald Hudspeth, Mayor: ,/ Vicki Byrd, District 1: Brian Beck, District 2: ✓ Jesse Davis, District 3: •� Alison Maguire, District 4: ./ Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Abstain Absent PASSED AND APPROVED this the x,15 day of }-�1pe,� , 2021. U GERALD HUD ETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY J%0; bN tf % r 4 � BY: w • Page 2 /,`��� ��ii14i% N�`,. APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Aq Hilary n 2021.09.109.10 16:43:11 6:43:7 I BY: -05'00' Page 3 EXHIBIT B ABANDONMENT AND RELEASE OF EASEMENT THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, a Sanitary Sewer Easement was granted by Alex Kaiser and Rachel Kaiser, recorded as Instrument No. 2016-21238 and corrected by Instrument No. 2016-64812 both in the Real Property Records of Denton County, Texas ("Subject Easement"); and WHEREAS, pursuant to City of Denton Ordinance No. L1- ogC:1, passed and approved on September 21, 2021, the Denton City Council released, abandoned, and vacated the subject Easement as described and depicted on "Attachment 1," attached hereto and made a part hereof for all purposes (the "Abandonment Tract"); and WHEREAS, pursuant to City of Denton Ordinance No. ER?-N-LJ-CA02_ , the Denton City Council authorized the City Manager, or designee, on behalf of the City of Denton to execute a release document evidencing the formal abandonment of the Abandonment Tract referenced above, suitable for recordation in the Real Property Records, Denton County, Texas; NOW, THEREFORE, SARA HENSLEY, by and on behalf of the City of Denton, does hereby attest to the recitals above. Witness my hand, this o?)"* -day of ATTEST: ,QPWM�>k C CITY OF DENTON 2021. By: i(LA SARA HENSLEY INTERICITY MANAGER Date: 7 , 2021. ROSA RIOS, CITY SECRETARY Date: ,--2 ,--27 , 2021. APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY �Hilary Negron ` 2021.09.10 By. 16:44:46 -05'00` Date: 2021. ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON § This instrument was acknowledged before me on `jepie m b'p r a-�, 2021, by Sara Hensley, Interim City Manager of the City of Denton, Texas. KNi1ShI. GH RIGHAftDS ;± ; R,oF �• My Aletary IDS 431826751 �w D�ewrber%2022 tz�u—�CCVKIC3 Notary Public, in and for the State of Texas My Commission Expires: AFTER RECORDING RETURN TO: Development Services — Planning Division 401 N. Elm Street Denton, Texas 76201 Attention: Mark Laird