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HomeMy WebLinkAbout24-1433ORD[NANCE NO. 24- 1433 AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT, RELEASE AND QUITCLAIM OF A PORTION A PUBLIC ACCESS AND FIRE LANE EASEMENT ( APPROXIMATELY 0.0486 ACRES) GRANTED TO THE CITY OF DENTON., IN COUNTY CLERK FILE NO. 2020-126371, SITUATED IN THE JOHN CHEEK SURVEY, ABSTRACT NUMBER 324, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO NORTH TEXAS DEVELOPMENr PFC., A TEXAS NON PROFIT CORPORATION UNDER THE PUBLIC FACILITY CORPORATION ACT; PROVIDfNG FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT AND QUITCLAIM MADE HEREIN; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF DENTON AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT HEREIN: PROVID[NG FOR BARRICADING PROViDrNG 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 a Public Access and Fire Lane Easement granted to the City of Denton by recorded instrument No. 2020- 126371 in the Real Property Records of Denton County, Texas (the “Subject Easement”); and WHEREAS, North Texas Development PFC., a Texas Nonprofit corporation under the Public Facility Corporation Act (“Owner” or “Grantee”) is the record abutting owner of the property subject to the Subject Easement, ownership granted by Special Warranty Deed recorded by County Clerk File Number 2023-136952, Real Property Records, Denton County, Texas; and WHEREAS, the Subject Easement encumbers a portion of the Owners Lot, known as Birchway Denton III Blk Lot 1 an addition to the City of Denton, Denton County, Texas, Document Number 2023-405, Plat Records, (“Final Plat”) and restricts the Lot from being developed in compliance with the Denton Development Code; and WHEREAS, the Owner has requested the City to abandon, release, and quitclaim a portion of the public access and fire lane easement conveyed to City of Denton by instrument No. 2020-126371 as. The Subject Easement to be abandoned is approximately 0.0486-acres (the “Abandonment Tract”), as described and depicted in Exhibit “A“ attached hereto,; 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 designated or 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 Easements area was provided by the Owner and it lists the fair market value at Twenty Eight Thousand, Five Hundred Thirty- Three and 00/00 Dollars ($28,533.00); and WHEREAS, the City Engineer, and Public Works staff have confirmed that the property has been developed in such a manner that the Abandonment Tract is no longer necessary to address previous Public Access and Fire Lane concerns on the property or for any current or future Public Access and Fire Lane easements; and WHEREAS, staff recommends the abandonment of the Abandonment Tract at no cost to the Owner as the City acquired the easements at no cost and the existing Public Access and Fire Lane Easement is no longer required by the City. The Abandonment Tract has no identified current or future use; and WHEREAS, the City Council of the City of Denton acting pursuant to law and upon the request and petition of North Texas Development PFC is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitciaiming 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 ORDAINS: SECTION 1. The recitations and finding set forth above are incorporated herein by reference. SECTION 2. That the City of Denton hereby abandons, releases and quitclaims all of its right, title and interest in and to the approximately .0486 acre portion of the Public Access and Fire Lane easement conveyed to City of Denton by instrument No. 2020-126371 and more particularly described in Exhibit A, attached hereto and made apart hereof; subject 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 North Texas Development PFC. , and further consideration described in Section 7 , the City of Denton does by these presents release, abandon, and quitclaim unto the said Grantee. SECTION 4. That the abandonment and quitclaim provided for herein is 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, easements, 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 QUITCLAINI TO GRANTEE HEREIN, GRANTEE, ITS/THEIR 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 OF THE AREA DESCRIBED IN EXHIBIT A BY GRANTEE, ITSrrHEIR 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 FEDERAI J, 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 A) 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 DEFINITIONINCLUDE ALL PAST AND FUTURE AMENDMENTS THERETO, AS WELL AS APPLICABLE RULES AND REGULATIONS AS NOW OR HEREAFTER PROMUL(,ATED THEREUNDER. SECTION 8. 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 9. 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 Easements may cover, encumber, include, cross, or overlap. SECTION 10. 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 II. 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 12. 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 13. This Ordinance shall become effective immediately upon its passage and approval. [Signatures to appear on the following page.] :c o FJ:IT,“ ~T:='ER.TJ""’"" "” approved by the following vote [ 7 -b ]: Aye J / made by f)xr '- J k.ase,a\ and , the ordinance \tas passed and Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee: At Large Place 5 Jill Jester, At Large Place 6: ./ ../ J \/ ,/ PASSED AND APPROVED thi, th, 17 t\ d,y ,f . 2024 //-ef/;A GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY .„: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ,*.. aa#abM"y. S"'@@ dd EXHIBIT A (Public Access Easement and Fire Lane Easement Abandonment) /#'U. 0.0486 Acres (PartIal Easement Abandonment) BEnG a tract of tand situated in the John Cheek Survey, Abstract No. 324 , City of Denton, Denton County, Texas, and beIng a part of that same tract of land as described in Exhibit - A" in the Special Warranty Deed to North Texas Development PFC, recorded in Document No. 2023-136952, Official Records, Denton County, Toxas (O.R.D.C.T.), and being a part of Lot 1 Block 1, Blrchway Denton III, an additIon to the City of Donton, Denton County, Texas accordIng to the plat thereof recorded in Document No. 2023405, Plat Records, Denton County, Texas, and being a part of the Public Access, and Fire Lane Easement recorded in Document No. 202CF126371, O.R.D.C.T., and beIng more particularly described as follows: BEGINNING at a 5/8-inch iron rod with plastic cap stamped -KH A" found for tho northeast corner of said Birchway Denton Ill, and being in the north Une of said Public Access, and Fire Lane Easement, and being in the west right-of-way line of Northstar Road (a 65-foot public right-of-way), from which a 5/8-inch iron rod with plastic cap sfampod “KHA- band at the intnrsectian of said west rightaf-way fine wfth the south rfghtaf-way line of Spencer Road (a variable width rightof-way) as described in the Street Right-of-way DonatIon De6d, recorded in Document No. 2022-165036, O.R.D,C.T., bears North 0'16'33" West, a distance of 810.60 feet; THENCE South 0Cy16'33" East, over and across said Public Access, and Fire Lane Easement, with said west Hghtof-way line of Northstar Road and the east line of said Birchway Denton III, a distance of 105.76 feet to a point for corner in the south line of said Pubtic Access, and FIre Lane Easement; THENCE South 89'43'27” West, over and across said Birchway Denton III, with said south line of tho Public Access, and Fire Lane Easement, a distance of 20.00 feet to a point for the southw6st corner of said Public Accoss, and Firo Lane EasemenE THENCE North 00'16'33" West, contInuing over and across said Birchway Denton III, with the west line of said Public Access, and Fire Lane Easement, a distance of 105,76 feet to a point for the northwest corner of said Pub\ to Access, and Fire Lane Easement, and in the north line of said Birchway Denton Ill; THENCE North 89-43'27- East, with the common line of saId PubIIc Access, and Fire Lane Easement and said Birchway Denton in, a distance of 20.00 feet to the POINT OF BEGINNING and containing a computed area of 2,115 square feet or 0.0486 acres of land . A skdch was p,r8fwed ao am evan dale Jo 8tnorrxpw}y ms descdption, Bearing systern bas<1 on the Texas C<nrd}nate Systdm of 1983, North Central Zone (4202), North Arrwdc8n Datum of 1983. /Wu$tm8nt Realtzatkm 201 1 . NOTES PARTIAL ABANDONMENT OF PUBLIC ACCESS AND FIRE LANE EASEMENT JOHN CHEEK SURVEY, ABSTRACT NO. 324 crrY OF DENTON DENTON COUNTY, TEXAS mRIVID J. De REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5066 david.dew6trdt@kimley-horn.oom gia mmE '-\/H' SPENCER ROAD a\ NORTH(A VARIABLE WIDTH RIGKT-OF-WAY) DdCUMENT NO. 2022-165036, 0.R.D,C.T a 5025 Gq ', : :-l':: ;. CALE IN FEET E, Ig,<=gBB 9]0 RTS & M, LLC i IDOC. NO. 201 3-124666 O.R.D.C.T. O COd iD LOT 1, BLOCK I ELAN SPENCER DOC. NO. 2020-377 P.R.D.C.T. (DENTON CAD PROPERW ID: 37483) I I 30 X70’ PUBLIC DRAINAGE EASEMENT DOC. NO. 2022-165035 O.R.D.C.T. d.o.B 51d' }RFC I(HA- N89'4i'27„E 65.00‘I LOT 1:BLOCK I J_ BIRCHWAY DENTON Ill - DOC. NO. 2023405 +n=- _=== PORTION TO BE ABANDONED BY SEPARATE INSTRUMENT II II NORTH TEXAS DEVELOPMENT PFC. DOC. I IiI I I /V PORTiON oF–gAs iN1 WiTHIN RIGHT-OF-WAY DEDICATION OF NORTHSTAR ROAD 0.0486 Al 2,115 SQ. FT. LOT 1 , BLOCK I BIRCHWAY DENTON IIA DOC. NO. 2023- 13 P,R.D.C.T. \ NO. 2023-136952 S89'43'27'W 20.OD' I I I J i PUBLIC ACCESS, AND I I I FIRE LANE EASEMENT I -- DOC. NO. 2020-126371 r ORD,C,T,\ PARTIAL ABANDONMENT OF LEGEND PUBLIC ACCESS AND P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND VOLJPG, =VOLUME/PAGE DOC. NO. = DOCUMENT NUMBER P.R.D.C.T. = PLAT RECORDS, DENTONCOUNTY. TEXAS 0.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS. DEbrroN COUNTY. TEXAS FIRE LANE EASEMENT JOHN CHEEK SURVEY, ABSTRACT NO. 324 CITY OF DENTON, _DENTON COUNTY, TEXAS NOTES A descrIption was prepared on an even date to accompany this sketch. Bearing system based on the Texas CoordInate System of 1983, North Central Zone (4202), North Arnedcan Datum of 1983. 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