2008-106ORDINANCE NO. 2008-jo
AN ORDINANCE APPROVING THE ABANDONMENT OF THE INTEREST OF THE CITY
OF DENTON, TEXAS IN CERTAIN BRAZOS ELECTRIC POWER COOPERATIVE, INC.
EASEMENTS RECORDED IN VOLUME 437, PAGE 613; VOLUME 354, PAGE 396;
WHICH WERE ASSIGNED TO THE CITY OF DENTON, TEXAS BY INSTRUMENT
RECORDED IN VOLUME 1106, PAGE 78; VOLUME 449, PAGE 439; AND BY
DOCUMENT NUMBER 2008-31930 OF THE DENTON COUNTY PROPERTY RECORDS,
DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (Denton Municipal Electric) has determined that
the above-listed easements are no longer required for electric service purposes; said easements
being located in the Mary L. Austin Survey, Abstract No. 4, in the City of Denton, Denton
County, Texas, copies of which easements are attached hereto and made a part hereof by
reference (the "Property"); and
WHEREAS, the City Council of the City of Denton, Texas has determined that the
Property is no longer needed for electric purposes; and
WHEREAS, the fair market value of the above-listed easements has been determined and
received by the granting of a new electric easement, provided in exchange for the abandonment
tracts, as required by Section 272.001 of the Local Government Code, and Denton Municipal
Code of Ordinances, Ch. 2, Sec. 2-126 (2006); and
WHEREAS, notwithstanding any of the above, the City of Denton, Texas hereby retains
all easement rights in all other easement tracts, whether conveyed by other instruments or by
plat, in which the easement tracts described for abandonment herein cross and/or overlap; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIONI. That portion of the electric easements recorded in Vol. 437, Page 613; Vol.
354, Page 396, which was assigned to the City of Denton, Texas in assignment recorded in Vol.
1106, Page 78; Vol. 449, Page 439, and Document No. 2008-31930, of the Denton County
Property Records, and as described in Exhibit "A", attached hereto and incorporated herein by
reference, are permanently vacated and extinguished as easements for electric purposes (the
"Abandoned Property").
SECTION 2. By reason of such vacation the City of Denton's property interests in the
easements shall by operation of law revert to the owner or owners abutting the easements herein
abandoned and the City of Denton, Texas releases any and all claims to the use of the property as
easements for electric utility purposes.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. /
PASSED AND APPROVED this the 39day ofT U/ 2008.
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PE RY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS
EDWIN M. SNYDER, CITY ATTORNEY
By:
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