HomeMy WebLinkAbout24-1339ORDINANCE NO. 24- 1339
AN ORDINANCE OF THE CITY OF DENTON PROVID[NG FOR THE
ABANDONMENT, RELINQUISHMENT, AND QUITCLAIM OF TWO (2) DRArNAGE
EASEMENTS APPROXIMATELY A TOTAL OF 1.977-ACRES, SITUATED IN THE G.
WALKER SURVEY, ABSTRACT NUMBER 1330. RECORDED DOCUMENT
NUMBER 2020-52852 AND 2020-52854, GRANTED TO THE CITY OF DENTON BY
PULTE HOMES OF TEXAS, L.P., BEING A PORTION DESCRIBED BY DEED
DOCUMENT NUMBER 2019-73001, OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO
PULTE HOMES OF TEXAS, L.P.; PROVIDING FOR THE TERMS AND CONDITIONS OF
THE ABANDONMENT, RELINQUISHMENT AND QUITCLAIM MADE HEREIN;
PROVIDING FOR THE CONVEYANCE OF A EASEMENT AND/OR FACILITIES TO
THE CITY OF DENTON; PROVIDING FOR THE INDEMNIFICATION OF THE CITY
OF DENTON AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT
HEREIN; PROVIDING FOR CONSIDERATION TO BE PAID TO THE CITY OF
DENTON; PROViDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton (“City”) is the holder of Drainage Easements
granted by Pulte Homes of Texas, L.P., recorded by County Clerk File No. 2020-52852
and 2020-52854, Real Property Records of Denton County, Texas (the “Subject
Easements”); and
WHEREAS, Pulte Homes of Texas, L.P.., (“Owner” or “Grantee”), is the record
abutting owner of the property subject to the Subject Easement; and
WHEREAS, the Owner has requested the City to abandon, relinquish and quitclaim
two (2) Drainage Easements approximately 1.977-acres (the “Abandonment Tract”), as
described and depicted in Exhibit “A“ attached hereto, in order to develop the property in
compliance with the Denton Development Code; and
WHEREAS, storm drainage infrastructure installed by Grantee reroutes within a
closed pipe system within the City’s Public Right-of Way, eliminating the need fr the Subject
Easements; and
WHEREAS, the City Engineer, and Public Works staff have confirmed that the
property has been developed in such a manner that the Subject Easements are no longer
necessary to address previous drainage concerns on the property or for any current or future
drainage easement or utility projects ; and
WHEREAS, City Staff reviewed the request of the Owner and determined that the
Subject Easement is no longer necessary for any current or future drainage project which
will allow for the area to be developed with permitted improvements, and City Staff
recommends the Subject Easements be released, abandoned, and vacated in its entirety as
specified herein; and
WHEREAS, Section 272.001 (b)(2) of the Texas Local Government Code provides
an applicable exception to the notice and bidding requirements where land and interests to
be abandoned are used by easement, fair market value has been determined, and the exchange
transaction is with an adjacent landowner; and
WHEREAS, Section 272.001 also provides that the land and those interests may be
conveyed, sold, or exchanged for less than the fair market value if exchanged with an abutting
property owner who owns the underlying fee simple; and
WHEREAS, an independent appraisal of the Subject Easement area was provided by
the Owner and it lists the fair market value at One-Hundred Fifty-Thousand Seven-Hundred
and Two Dollars and/no cents ($150,702.00); and.
WHEREAS, staff recommends the abandonment of the Subject Easements tract at
no cost to the Owner as the City acquired the easement at no cost, and the existing
drainage easements are no longer required by the City because new drainage easements
have been conveyed for the public improvements. The Subject Easement tract has no
identified current or future use for public drainage or utility projects ; and
WHEREAS, the City Council of the City of Denton, acting pursuant to law and upon
request and petition of the Pulte Homes of Texas, L.P..; hereinafter referred to as Grantee,
deems it advisable to abandon, relinquish and quitclaim the City of Denton’s right, title and
interest in and to the hereinafter described tract of land to Grantee, and is of the opinion that,
subject to the terms and conditions herein provided, said drainage easements are no longer
needed for municipal use, and same should be abandoned, relinquished and quitclaimed
to Grantee as hereinafter provided, for the consideration hereinafter stated; and
WHEREAS, the City Council of the City of Denton is of the opinion that the best
interest and welfare of the City will be served by abandoning, relinquishing and quitelaiming
the same to Grantee for the consideration and subject to the terms and conditions hereinafter
more fully set forth; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA[NS:
SECTION 1. The recitations and finding set forth above are incorporated herein by
reference.
SECTION 2. That the City of Denton hereby abandons, relinquishes and quitclaims all
of its right, title and interest in and to the Abandonment Tracts, that are
approximately 1.977 -acres Subject Easement, as described and depicted in Exhibit
“A,” attached to this ordinance and made a part hereto for all purposes, subject, however, to
the conditions hereinafter more fully set out.
SECTION 3. That for and in monetary consideration of the sum of Three Thousand,
Two Hundred Eighty-Six and 00/100 Dollars ($3,286.00) paid by Pu lte Homes of
Texas , L . P . , and the further consideration described in Sections 7, 8, the City of Denton
does by these presents FOREVER QUITCLAIM unto the said Grantee, subject to the
conditions, reservations, and exceptions hereinafter made and with the restrictions and upon
the covenants below stated, all its right, title in and to the certain tract(s) or parcel(s) of land
hereinabove described in Exhibit A, TO HAVE AND TO HOLD all of such right, title and
interest in and to the property and premises, subject aforesaid, together with all and singular
the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto
the said Grantee forever may be abandoned, released, and vacated.
SECTION 4. That the abandonment and quitclaim provided for herein are made subject
to all present zoning and deed restrictions, if the latter exist, and are subject to all existing
easement rights of others, if any, whether apparent or non-apparent, aerial, surface,
underground or otherwise.
SECTION 5. That the terms and conditions contained in this ordinance shall be binding
upon Grantee, its heirs, successors and assigns.
SECTION 6. That the abandonment and quitclaim provided for herein shall extend only to
the public right, title, easement and interest, and shall be construed to extend only to that
interest the Governing Body of the City of Denton may legally and lawfully abandon and
vacate
SECTION 7. THAT AS A CONDITION OF THIS ABANDONMENT AND AS A
PART OF THE CONSIDERATION FOR THE QUITCLAIM TO GRANTEE
HEREIN, GRANTEE, iTsrrHEiR HEIRS/SUCCESSORS AND ASSIGNS, AGREE
TO INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS THE CITY OF
DENTON AS TO ANY AND ALL CLAIMS FOR DAMAGES, FINES, PENALTIES.
COSTS OR EXPENSES TO PERSONS OR PROPERTY THAT MAY ARISE OUT
OF, OR BE OCCASIONED BY OR FROM: (1) THE USE AND OCCUPANCY OFTHE AREA DESCRIBED IN EXHIBIT A BY GRANTEE, ITS/rHEIR
HEIRS/SUCCESSORS AND ASSIGNS; (I1) THE PRESENCE, GENERATION,
SPILLAGE, DISCHARGE, RELEASE, TREATMENT OR DISPOSITION OF ANY
HAZARDOUS SUBSTANCE ON OR AFFECTING THE AREA SET OUT IN
EXHIBIT A, (II1) ALL CORRECTIVE ACTIONS CONCERNING ANY
DISCOVERED HAZARDOUS SUBSTANCES ON OR AFFECTING THE AREA
DESCRIBED IN EXHIBIT A, WHICH GRANTEE, ITS HEIRS, SUCCESSORS AND
ASSIGNS AGREE TO UNDERTAKE AND COMPLETE IN ACCORDANCE WITH
APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS;
AND (IV) THE ABANDONMENT, CLOSING, VACATION AND QUITCLAIM BY
THE CITY OF DENTON OF THE AREA SET OUT IN EXHIBIT A. GRANTEE, ITS
HEIRS, SUCCESSORS AND ASSIGNS HEREBY AGREE TO DEFEND ANY AND
ALL SUITS, CLAIMS, OR CAUSES OF ACTION BROUGHT AGAINST THE CITY
OF DENTON ON ACCOUNT OF SAME, AND DISCHARGE ANY JUDGMENT OR
JUDGMENTS THAT MAY BE RENDERED AGAINST THE CITY OF DENTON IN
CONNECTION THEREWITH. FOR PURPOSES HEREOF, “HAZARDOUS
SUBSTANCE” MEANS THE FOLLOWING: (A) ANY “HAZARDOUS
SUBSTANCES” UNDER THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION, AND LIABILITY ACT, 42 U.S.C. SECTION 9601
ET SEQ., AS AMENDED; (B) ANY “HAZARDOUS SUBSTANCE” UNDER THE
TEXAS HAZARDOUS SUBSTANCES SPILL PREVENTION AND CONTROL ACT,
TEX. WATER CODE, SECTION 26.261 ET SEQ., AS AMENDED; (c) PETROLEUM
OR PETROLEUM-BASED PRODUCTS (OR ANY DERIVATIVE OR
HAZARDOUS CONSTITUENTS THEREOF OR ADDITIVES THERETO),
INCLUDING WITHOUT LIMITATION, FUEL AND LUBRICATING OILS; (D)
ANY “HAZARDOUS CHEMICALS” OR “TOXIC CHEMICALS” UNDER THE
OCCUPATIONAL SAFETY AND HEALTH ACT, 29 u.s.c. SECTION 651 ET SEQ.,
AS AMENDED; (E) ANY “HAZARDOUS WASTE” UNDER THE RESOURCE
CONSERVATION AND RECOVERY ACT, 42 u.s.c. SECTION 6901 ET SEQ., AS
AMENDED; AND (F) ANY “CHEMICAL SUBSTANCE” UNDER THE TOXIC
SUBSTANCE CONTROL ACT, 15 u.s.c. SECTION 2601 ET SEQ., AS AMENDED.
REFERENCES TO PARTICULAR ACTS OR CODIFICATIONS IN THIS
DEFINITION INCLUDE ALL PAST AND FUTURE AMENDMENTS
THERETO, AS WELL AS APPLICABLE RULES AND REGULATIONS AS
NOW OR HEREAFTER PROMULGATED THEREUNDER.
SECTION 8. That this abandonment, relinquishment and quitclaim of the City’s right, title and
interest in and to Subject Easement shall not become effective until and unless: (i) the existing
installations and facilities are relocated, at Grantee 's expense, to the new easement, to be
provided by Grantee and acceptable to the Director of Development Services, as is hereinafter
provided; and (ii) plans for the construction and relocation of installations within the new
easement are approved by the Director of Development Services; and (iii) said construction
and relocation of installations are completed, approved and accepted in writing by the Director
of Development Services. Grantee will grant the new easement at no cost consideration to the
City and all work shall be done at the sole cost of Grantee and to the satisfaction of the Director
of Development Services. Failure to relocate to the new easement in accordance with the terms
of this section shall render this ordinance null and void and of no further effect.
SECTION 9. That the City Secretary is hereby authorized and directed to certify a copy of
this ordinance for recordation in the Deed Records of Denton County, Texas, which certified
copy shall be delivered to the Director of Development Services, or designee.
SECTION 10. 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 Abandonment Tract abandoned, relinquished and quitclaimed 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 11. Upon evidence showing satisfaction of the above requirements, the City
Manager, or designee, is authorized to execute a quitclaim deed document evidencing the
abandonment of the Abandonment Tract suitable for recordation in the Real Property Records
of Denton County, Texas.
SECTION 12. That the City Secretary is hereby authorized and directed to certify a copy of
this ordinance for recordation in the official real property records of the county in which the
public street and thoroughfare is located, which certified copy shall be delivered to the Director
of Department of Development Services, or designee.
SECTION 13. 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 14. This Ordinance shall become effective immediately upon its passage and
approval.
EX[Signatures to appear on the following page.]
The motion to approv.e this ordinance was made by
seconded by - P,bl FIt\ +l+r -
Br,,xJ,n (=kbit +l,£px€ and
, the ordinance was passed and
approved by the following vote LZ - Z> ]:
Aye
J
J
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:J
,/Paul Meltzer. District 3 :
Joe Holland. District 4:a
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Brandon Chase McGee:
At Large Place 5
Jill Jester, At Large Place 6:
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GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
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