EAR20-0001AN ORDINANCE OF THE CITY OF DENTON RELEASING, ABANDONING, AND
VACATING A DRAINAGE EASEMENT GRANTED TO THE CITY OF DENTON BY
CAROL PAYNE GAEDE AND ROLAND EDWARD PAYNE, RECORDED AS
INSTRUMENT NO. 2005-53934 IN THE REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the holder of a Drainage Easement granted by
Carol Payne Gaede and Roland Edward Payne, recorded as Instrument No. 2005-53934 in the Real
Property Records, Denton County, Texas. (the "Subject Easement"); and
WHEREAS, CRP/AR Prose Windsor Owner, L.P., a Delaware limited partnership,
("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; and
WHEREAS, City staff reviewed the request of the Owner, determined that the Subject
Easement is no longer necessary because the Subject Easement was never utilized and because
alternative drainage easements have already been conveyed by Public Drainage Easements
recorded under Instrument Nos 2019-166600 and 2019-166601 and reflected on the Final Plat for
Windsor 35 Addition recorded under Instrument No. 2020-89, all in the Real Property Records of
Denton County, Texas. Staff therefore 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 Easement held by the City of Denton is released, abandoned,
and vacated in its entirety:
a. Drainage Easement granted by Carol Payne Gaede and Roland Edward Payne,
recorded as Instrument No. 2005-53934 in the Real Property 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, a copy of which is attached hereto as Exhibit A.
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 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 notion to approve this ordinance was made by M i!5 D n M0.q U ; C 2 and
seconded by 16 <" 0LXI the ordinance was passed and approved by
the following vote LI_ - _0]:
PASSED AND APPROVED this the � �+h day of ()C,-�0 10 e—< , 2021.
GERARD IfU15SPETH, MAYOR
Page 2
Aye Nay Abstain Absent
Gerard 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:
PASSED AND APPROVED this the � �+h day of ()C,-�0 10 e—< , 2021.
GERARD IfU15SPETH, MAYOR
Page 2
ATTEST:
It I +orri
ROSA RIOS, CITY SECRETARY
�.�?,D,�!�,��
' r
+
r i
BY:
yam• .•' �
APPROVED AS TO LEGAL FORM:
MACK REMWAND, CITY ATTORNEY
Al Hilary Negron
`" 2021.10.15
BY: it 10:07:10 -05'00'
Page 3
ABANDONMENT AND RELEASE OF EASEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, a Drainage Easement was granted by Carol Payne Gaede and Roland
Edward Payne, recorded as Instrument No. 2005-53934 in the Real Property Records of Denton
County, Texas ("Subject Easement"); and
WHEREAS, pursuant to City of Denton Ordinance Na EAR20-0001_, passed and
approved on October 19, 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 EAR20-0001 , 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 1201 day of D CA O 1[Z'ec ,,,. _. , 2021.
CITY OF DENTON
By:
SARA HENSLEY
INTERIM CITY MANAGER
Date: tt 20 , 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
Date: de:�,o?C� , 2021.
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Hilary Negron
2021.10.15
By: 15:49:35 -05'00'
Date:
STATE OF TEXAS
COUNTY OF DENTON
GI 111111 �Z01"
This instrument was acknowledged before me on ()C c>bQ!C Z.C� , 2021, by
Sara Hensley, Interim City Manager of the City of Denton, Texas.
��''�vP'�•iy CATHERINE MARIE WELBORN
�s°•: ' Notary Public, State of Texas�—
:.-TE Comm. Expires 02-24-2025 Notary Public, in and for the State of Texas
f•'•�►+°;,t `° Notary ID 131018469 p Z,
My Commission Expires:
AFTER RECORDING RETURN TO:
Development Services — Planning Division 401 N.
Elm Street
Denton, Texas 76201
Attention: Mark Laird