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
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BY:
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Page 2
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APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
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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.
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My Aletary IDS 431826751
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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