HomeMy WebLinkAbout24-1434ORDINANCE NO. 24- 1434
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 0.0624 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 GEP Xl DEVrON 2, LP A TEXAS Lnv{ITED LIABILITY PARTNERSHIP;
PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT AND
QUITCLAIM MADE HEREIN; PROVIDING FOR THE INDEMNIFICATION OF THE
CITY OF DENTON AGA[NST DAMAGES ARISING OUT OF THE ABANDONMENT
HEREIN; PROVIDING FOR BARRICADING; 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 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, GEP Xl Denton 2, LP., a Limited Liability Partnership (“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 2022-
120456, Real Property Records, Denton County, Texas; and
WHEREAS, the Subject Easement, as the Subject Easement encumbers a portion of
the Owners Lot, known as Birchway Denton IIA Blk Lot 1 an addition to the City ofDenon,
Denton County, Texas, Document Number 2023-13, 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 The Subject Easement to be abandoned is approximately
0.0624-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 Easement area was provided by
the Owner and it lists the fair market value at Thirty Six Thousand, Seven Hundred Twenty
and 00/100 Dollars ($36,720.00); 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 GEP Xl Denton 2, LP, is of the opinion that the best
interest and welfare of the City will be served by abandoning, releasing and quitclaiming
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 0.0624 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 GE P X 1
Denton 2 , LP . Section7 , 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
ali 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,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, ITS/THEIR
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
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 11. 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.]
The motion to aDDrove this ordinance was made
seconded by Jh\ Hb\\,b )
approved by the following vote [ 7
by Gu,. J K'A5fJh ,„d
, the ordinance was passed and
Aye
/
J
J
J
./
J
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:„/
PASSED AND APPROVED this the 17l'q day of SephHbc{_, 2024.
zaA
GERARD HUDSPETH. MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
#clin@ M, .
'MACK REIN{ANDICI= ATTK£NEY
bN'. acVwhaD;. 34;Viae dd
EXHIBIT A
(Public Access Easement and Fire Lane Easement Abandonments)
'nA\fR
0.0624 Acres (Partial Easement Abandonment)
BEING a tract of land sf(ua(ed in the John Choek 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
CEP XI Denton 2, LP, recorded in Document No. 2022-12CH56, Official Records, Denton County, Texas
(O.R.D.C.T.), and being a part of Lot 1 Block 1, Birchway Denton IIA, an addition to the City of Denton, D6nton
County, Texas according to the plat thereof recorded in Document No. 2023-13. Plat Records, Denton CavIty,
Texas (P,R.D.C.T.), and boing a part of the Public Access, and Fire Lane Easement recorded in Document No.
2020-126371, O.R.D.C.T., and being more particulaHy described as follows:
BEGINNING at a 5/8-inch iron rod wIth plastIc cap stamped "KH A- found for the northwest comer of said Lot 1
Block 1, Birchway Denton tIA, and being in the north line of said Public Access, and Fire Lane Eas8m6nt, and
beIng in tha east rightof-way line of Northstar Road (a 65-foot public right-of-way), from which a 5/8.inch iron rod
with plastic cap stamped "KHA" found for tha northeast corner of Lot 1 Block 1, Blrchway Denton III, according to
tha plat theroof recorded in Document No. 2023-405, P.R.D.C.T., bears South 89'43'27- West, a distance of
65.00 feet
THENCE South 85'16'33" East, wIth the common line of said Public Access, and Fire Lane Easement and said
Lot 1 Block 1, Btrchway Denton ITA, a distance of 26.10 feet to a point for the northeast comer of said Public
Aoces6, and Fire Lane Easement;
THENCE South OO't6’3P East, war arId across said Lot f Black f , Bichway Denton ttA, with fhe oast tina af
said Public Access, and Fire L3ne Easement, a dIstance of 103.49 feet to a point for the southeast oorner of said
Public Access, and Fire Lane Easement;
THENCE South 89'43'27'’ West, continuing over and across said Lot I Block 1, Birchway Denton IIA, with the
south Eno of said Pubffc Access, and Fire Lane Easement, a distance of 26.aa feet to a point for comer in said
east rightof-way line of Northstar Road and the wost line of said Lot 1 Block 1, Btrchway Denton IIA;
THENCE North 00'16'33'’ Wost, over and across said Public Acc8ss, and Fire Lane Easement, wIth the common
tina of said Lot 1 Block I, Blrchway Denton IIA and said east right-of-way line of Northstar Road, a distance of
T(15.76 feet to the POINT OF BEGINNING and contafnl'ng a computed area of 2.720 square feet or 0.W4 acres
of land
NOTES
A sketch was prepared on an even date to accompany thIs
description.
eoartlg sysem barred on #la Tsxas C;oonAh8b System of 1983,
North Central Zone (4202), N@th Amedcan Datum of 1983.
AdJu$tm8nt Realtzalbn 201 1.
PARTIAL ABANDONMENT OF
PUBLIC ACCESS AND
FIRE LANE EASEMENT
JOHN CHEEK SURVEY,
ABSTRACT NO. 324
CITY OF DENTON.
DENTON COUNTY, TEXASDAVID J. De WEIRDT
q&H,5066
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5066
david.deweiEH@kimley-horn.com
nI:lqd;l-nluii#Tf’':i:HIPztAbl,r
/A\.n\
SPENCER ROAD 1
(AVARIABk£ WIDTH RICHT'OF-WAY)
DdCUME Ifr NO. 2022.165036, 0.R.D-C. T
REMAINDER OF
-FIRST TRACT
RTS & it LLC
DOG. NO. 201b124666
O.R.D.C.T
I
I
LOT 1, BLOCK I
ELAN SPENCER
DOC. NO. 2020477
P.R.D.C,T.
(DENTON CAD
PROPERW ID: 37183J
I
30'x70' PUBLIC DRAINAGE
EASEMENT
DOC. NO. 2022-165035
O.R.D.C.T.
+=PP•
-LLOT 1 . BLaCK I
BIRCHWAY DENTON III
DOC. NO. 202 b405
P.RD.C.T,J-
R OEBnP+PUnT \WSTHiN RIGHT-OF-WAY’\
DEDICATION OFI
NORTHSTAR ROAD
PORTION TO BE ABANDONED
BY SEPARATE INSTRUMENT
\
\
\,
\
\.
\
\
PUBLIC ACCESS, AND
FIRE LANE EASEMENT
DOC. NO. 2020-126371
O. R.D.C;I
GEP Xl DENTON 2. LP,
DOC. NO. 2022-120456.
O.R,D.C.T. I
L F-
.,‘
IISIJr
PARTIAL ABANDONMENT OF
LEGEND PUBLIC ACCESS AND
P.0.8. = POINT OF BEGINNING
IRFC = IRON ROD W/CAP FOUND
VOL J PG. = VOLUME / PAGE
DOC. NO. = DOCUMENT NUMBER
PR.O.C.T. = PLArRECOROS, BENTON COUNTY. TEXAS
0.P.R.D.C.T. ; OFFICIAL PUBLIC RECORDS. DENTON COUNTY, TEXAS
FIRE LANE EASEMENT
JOHN CHEEK SURVEY,
ABSTRACT NO. 324
CITY OF DENTON,
DENTON COUNTY, TEXAS
NOTES
BearSng system based on the Texas Coordinate System of 1983, North
Central Zone (4£Y?a. b$otttt Amwfcan Datum of t983. Ac#ubalel\t
Realization 201 1.
A description was prepared on an even date to accompany thIs sketch.
E;eX
1- = W
O
MSM 1 ND 1 MARCH 2024 1 087771872
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