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HomeMy WebLinkAbout24-1376ORDINANCE NO. 24- 1376 AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT OF A 1.808-ACRE AVIGATION EASEMENT, IN ALL AIR SPACE ABOVE AN IMAGINARY HORIZONTAL GEOMETRIC PLANE AT A CONSTANT HEIGHT OF SIX HUNDRED AND EIGHTY FEET (680) ABOVE MEAN SEA LEVEL, BEING LOCATED IN THE MACSH BRANCH INDUSTRIAL BLOCK A LOT 2, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, IN THE WILLLAM BRYAN SURVEY NO. 148, AS SHOWN ON THE PLAT THEREOF RECORDED IN CABINET M, PAGE 131 AND GRANTED TO THE CITY OF DENTON BY BRET ELLIS WIER AND JACQUITA LYNN WIER, RECORDED BY COUNTY CLERK FILE NO. 96-RO041901 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO HL FUND II DENTON, L.P.; PROVIDING 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; 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 an Avigation Easement granted by Bret Ellis Wier and Jacquita Lynn Wier, recorded by County Clerk File No. 96-R004 1901, Real Property Records of Denton County, Texas (the “Subject Easement”); and WHEREAS, HL Fund II Denton, 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 and quitciaim a 1.808 acre Avigation Easement (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 Federal Administration Authority (“FAA“) ; 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 avigation project which will allow for the area to be developed with permitted improvements, and City Staff recommends the Subject Easement be released, abandoned, and vacated in its entirety as specified herein; and WHEREAS, the FAA and Denton Municipal Airport have conducted studies that indicate a new height restriction that would allow for the development of any building that is below a maximum height of 703 ’ above sea level. WHEREAS, the Owner has obtained letters from both the FAA and City of Denton indicating that the proposed development does not encroach into the current, Airport Height Hazard District and does not exceed obstruction standards and is not a hazard to air navigation; and WHEREAS, the City Engineer, Denton Municipal Airport, and Public Works staff have confirmed that the property has been developed in such a manner that the Subject Easement is no longer necessary to address previous avigation easement agreement concerns on the property or for any current or future avigation easement agreement; 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 Fifteen Thousand, Seven-Hundred Fifty-One Doilars and/no cents ($ 15,75 1.00); and WHEREAS, staff recommends the abandonment of the Subject Easement tract at no cost to the Owner as the City acquired the easement at no cost, the existing avigation easement agreement is no longer required under the current zoning (Light Industrial). The Subject Easement tract has no identified current or future use for an avigation easement; and WHEREAS, the City Council of the City of Denton, acting pursuant to law and upon request and petition of the HL Fund Ii Denton, L.P.; hereinafter referred to as Grantee, deems it advisable to abandon 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 aerial rights in all air space above an imaginary horizontal geometric plane at a constant height of six hundred and eighty feet (680) above mean sea level 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 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 and relinquishes all of its right, title and interest in and to the Abandonment Tract, that 1.808-acre 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 Fifteen Thousand Seven Hundred Fifty- One and 00/100 Dollars ($15,751.00) paid by_HL Fund II Denton, L.P., and the further consideration described in Sections 2 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 interest herein stated, all its right, title and interest 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 beionging 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, 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 FEDERAI„ 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 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 Easement 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 1 1. 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. The motion to approve this ordinance was seconded by Brian Beck approved by the following vote [ 6 made by Paul Meltzer . the ordinance was Nay Abstain and passed and AbsentAye XGerard 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: X X X X X X PASSED AND APPROVED this the 24th day of September , 2024. /%;S –– GERARD HUDSPETH, MAYOR LAUREN THODEN, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY EXHIBIT A (Abandonment Tract) I Development Services - Planning Division 401 N Elm St., Denton, T:X 76201 • 640 ) 349-8541 EXHIBIT A (2) (Cover sheet) GRAPHIC REPRESENTATION (site map) Attach a plat, scale drawing or other graphic exhibit (8 % " X ll" PMT or -stat. ”) of the easement/rIght of way to be vacated and abandoned in the above application, and includes the following: the legal description; the record owners of abutting lots; the boundaries of all contiguous lots; the surrounding area to the nearest streets in all directions; the blocks and additIon(s) in and upon which the area to be abandoned is located; and any easements or public facIlities contained in or affected by the area to be abandoned The attached will be revIewed by the City Capital Improvement Department. 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