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Home My WebLink About24-2553ORD[NANCE NO. 24-2553 AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT RELINQUISHMNET, AND QUITCLAIM OF A PORTION OF A PUBLIC DRAINAGE EASEMENT BEING APPROXIMATELY A TOTAL OF 0.281-ACRES, SITUATED rN THE J FISHER SURVEY, ABSTRACT NUMBER 421, RECORDED BY COUNTY CLERK DOCUMENT NUMBER 2014-103670, REAL PROPERTY RECORDS, DENTON COUNTY. TEXAS GRANTED TO THE CITY OF DENTON BY DENTON WEST JOINT VENTURE: PROVIDING FOR THE QUITCLAIM THEREOF TO GR[NDSTONE DENTON LLC, A TEXAS LIMITED LIABILITY COMPANY; PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT, RELINQUISHMENT, AND QUITCLAIM MADE HEREIN; PROVIDING FOR THE CONVEYANCE OF A EASEMENT AND/OR FA(_'ILITIES 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: PROVID[NG FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Denton (“City”) is the holder of a 11.715 Public Drainage Easement granted by Denton West Joint Venture, recorded by County Clerk File No. 20 14-103670, Real Property Records of Denton County, Texas (the “Subject Easement”); and WHEREAS 7.309 acres of Subject Easement was previously abandoned by Ordinance 2022-1865, relinquished and quitclaimed, granted by City of Denton and recorded by County Clerk File No. 2023-50796, Real Property Records, Denton County, Texas; and WHEREAS, Grindstone Denton LLC, a Texas limited liability company, (“Grantee”), is the record abutting owner of the property subject to the Subject Easement, Special Warranty Deed recorded by County Clerk File Number 2024-48563, Real Property Records, Denton County, Texas; and WHEREAS, the Grantee has requested the City to abandon, relinquish, and quitclaim a 0.281-acre section of the Subject Easement(“Abandonment Tract ”), as the Abandonment Tract encumbers an area of the Grantees Lot, known as Lot 2B, Block A. Denton West Joint Venture Addition, County Clerk File Number 2024-118, Plat Records, Denton County, Texas and restricts the Lot from being developed for its slated commercial use; and WHEREAS, storm drainage infrastructure that has been installed by Grantee and accepted by City Staff_ eliminating the need for the Subject Easements; and WHEREAS, the Grantee, as required by the Denton Development Code, has constructed public infrastructure improvements to provide the necessary public utility improvements for the development and has conveyed public easements by separate instrument and by Plat (“New Easements”) for which the new public improvements are located within; and WHEREAS, City Staff reviewed the request of the Grantee and determined that the Abandonment Tract is no longer necessary for any current or future public drainage project which will allow for the area to be developed with permitted improvements, and City Staff recommends the Easement Portion be released, abandoned, and quitclaimed in its entirety as specified herein; 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 drainage concerns on the property or for any current or future public drainage projects; 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 Easement Portion area was provided by the Grantee, and it lists the fair market value at One Hundred Sixty two Thousand, and 00/ 100 Dollars ($ 162,000.00); and WHEREAS, staff recommends releasing the Easement Portion at no cost to the Grantee as the City acquired the easement at no cost, has no public drainage improvements within the Easement Portion or the Subject Easement, and has no identified current or future use for the Easement Portion or the Subject Easement; and WHEREAS, the City Council of the City of Denton, acting pursuant to law and upon the request and petition of the Grantee is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitclaiming the City of Denton’s right, title and interest in and to the Easement Portion area to the Grantee, and is of the opinion that, subject to the terms and conditions hereinafter provided, Abandonment Tract is no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to the Grantee as hereinafter provided, for 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 Abandonment Tract to the 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, relinquishes and quitclaims all of its right, title and interest in and to the tract of land 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 Grindstone Denton, LLC and the further consideration described in Sections 4, 7 and 9, 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, tide 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, relinquishment and quitciaim 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, 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 the Grantee, its heirs, successors and assigns. SECTION 6. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest the Governing Body of the City of Denton may legally and lawfully abandon, relinquish and quitclaim. SECTION 7. THAT AS A CONDITION OF THIS ABANDONMENT AND AS A PART OF THE CONSIDERATION FOR THE QUITCLAIM TO THE GRANTEE, ITS HEIRS, SUCCESSORS AND ASSIGNS, AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS THE CITY OF DENTON 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 THE GRANTEE, ITS 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 THE 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 RELEASE BY THE CITY OF DENTON OF THE AREA SET OUT IN EXHIBIT A. THE 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, 42u.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. 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 10. 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 11. 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 Subject Easements 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 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 made by Gerard Hudspeth and seconded motion to approve this ordinance was made by Jill Jester, the ordinance was passed and approved by the following vote [ 4 - 3 ] : Aye X X Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2:X XPaul Meltzer. District 3 : Joe Holland, District 4:X Brandon Chase McGee, At Large Place 5:X Jill Jester, At Large Place 6:X PASSED AND APPROVED this the 18th day of February, 2025 . a%mb–mEHMKvaR ATTEST: LAUREN THODEN, CITY SECRETARY \\\\tIll I IIZ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: eat#aPyL:pp 42. 3d+Hp£a&, dd T; EXHIBIT "A"CT)_OYALTY INNOVATION LEGACYF.M. HIGHWAY NO. 2181 5/8" CIRF-(TEASLEY LANE) "WELIS TX 5499" ==n=B (VARIABLE WIDTH R.0.W.)€/8" CIRF "}aIA" 481 WINSCOTr ROAD, Ste. 200 . BENBROOK. TEXAS 76126 TELEPHONE: (817) 74+7512 ' FAX (817) 7&t-7554 TEXAS FIRM REGISTRATION NO. 10042504 WWW. TOPOGRAPHIC.COM 08.78' gI ,gBt IEgiI J---AN,IT al LOT 2A, BLOCK A LOT 2G, BLOCK A PORTION OF DRnTNAGE FdI bI EASEMENT TO BE qa ba ABANDONED 0.281 OF AN ACRE 6' F.L.. P.A & U.E JMENT NO. 2024- 118 ).C.T 12,240 SQ. FT. \ 1l5 €/8" CIRF ’'nLA" :MAINDER OF TRACT 1 DRAINAGE EASEMENT INSTRUMENT NO. 20 14- 103670 0.P.R.D.C. T. CITY OF DENTON ORDINANCE NO. 22-1865 INSTRUMENT NO. 2023-50796 PARTIALLY ABANDONED BY / ,R.D.C. T LOT 2E, BLOCK A / --\. ' '*”';%g%\ / LOT 3, BLOCK A \ DEIM WEST JOINT VEMFURE ADb(TION / INSTRUMEWr NO. 2020- 199 \O.P.R.D.C.T. \ \\ ioe LIes \ / SCALE: 1" = 50 DRAINAGE EASEMENT M 1 2 ORIGINAL DOCUMENT SIZE: 8.5" X 1 1 ALL BEARINGS, DlgrANCB, AND COORDINATE VALUES CONTAINED HEREIN ARE GRID BAsin UPON THE TUCAS STATE PIANE COORDINAIE gwrw. NORTH CENTRAL ZONE 4202. U.S. SURVEY FEEF. NORmI AMERICAN DATUM 1983. CERTIFICATION IS MADE ONLY TO THE LOCATION OF THIS EASEMENT IN RHATION TO THE EVIDmlcE FOUND DURING A FIELD SURVEY MADE ON THE GROUND, UNDm MY SUPERVISION. THIS CERTIFICATION IS LIMrrED TO THOSE PERSONS OR mITiTIB SHOWN ON THE FACE OF IUIS PLAT AND IS NON-TRANSFERABIE. AND MADE FOR THIS TRANSACTION ONLY. ADJOINHR INFORMATION SHOWN FOR INFORMATIONAL PURPOSES ONLY. POB = PLACE OF BEGINNING D.R.D.C.T. = DEED RECORDS. DENTON COUNTY. TEXAS 0.P.R.D.C.T. = OFFICLAL PUBLIC RECORDS. DENTON COUNTY. THCAS D.E. = DRAINAGE EASmaENT S.S.E. = SANITARY SEWER EASEMENT F.L., P.A. & U.E. = FIRE IANE. PUBLIC ACCBS AND UTII,FIY EASEMmIT SEE ATFACHHD SHEEr 2 OF 2 FOR EASEMenT DBCRIPTION LEGEND a'25'50 PARTIAL ABANDONMENT LOT 2B, BLOCK A DENFON WEST JOINrVENrURE ADDITION EASEMENT TO BE ABANDONED ADJOINER LINE EASEMENT INSTRUMENr NO. 2024- 118 0.P.R.D.C.T.4 5. 6. 7. 8. 9 10 11 • IRON ROD FOUND (IRF) (AS NOTED) (D CALCULATED CORNER O E EXHIBIT "A" DRAINAGE BASEMENT PARTIAL ABANDONMENT DESCRIPTION: BEING A TRACT OF LAND SITUATED IN THE J. FISHER SURVEY, ABSTRACT NO. 42 1, DENTON COUMW, TEXAS, AND BEING PART OF LOT 2B, BLOCK A, DEMON WEST JOWr VENIURE ADDITION, AN ADDITION TO THE CITY OF DEMrON, DENTON COUNTY, TEXAS, ACCORDWG TO THE PLAT THEREOF RECORDED IN iNSTRUMENr NO. 2024-118, OFFICLAL PUBLIC RECORDS OF DENrON COUMW, TEXAS (0.P.R.D.C.T.) AND BENG PART OF A DRAINAGE EASEMENr DESCRiBED AS TRACT 1, RECORDED nI INSTRUMENT NO. 2014-103670, 0.P.R.D.C.T., AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGUfNING AT A 1/2" IRON ROD wmi A CAP STAMPED "WELLS TX 5499" FOUND FOR THE WESTERNMOST CORNER OF SAID LOT 2B AND BEING THE NORTHEAST CORNER OF LOT 2E OF SAID BLOCK A, ALSO BEING AN ANGLE POMP IN THE SOUTHEAST LiNE OF LOT 2A OF SAID LOT A; THENCE NORTH 55'32' 12" EAST, WIFH THE NORTHWEST LINE OF SAID LOT 2B AND SAID SOUTHEAST LINE OF LOT 2A, A DISTANCE OF 91.95 FEET TO A POINT ON THE EAST LINE OF SAID DRAnIACE EASEMENT, FROM WHICH A 5/8" IRON ROD WITH A CAP STAMPED "WELLS TX 5499" FOUND FOR THE NORTHERNMOST CORNER OF SAID LOT 2B AND BEING THE EASTERNMOST CORNER OF SAID LOT 2A, AND BENG ON THE SOUTWWEST RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 2181 (TEASLFY LANE) BEARS NORTH 55'32’12" EAST, 227.12 FEET; THENCE OVER AND ACROSS SAID LOT 2B AND WITH SAID EAST LINE OF DRAINAGE EASEMEMr AS FOLLOWS: SOUTH 43'09'52'’ EAST, A DISTANCE OF 108.78 FEET TO A POIbW; SOUTH 19'35’02" WEST. A DiSTANCE OF 26.35 FEET TO A POMP IN THE SOUTHEAST LaNE OF SAID LOT 2B AND THE NORTHWEST LINE OF LOT 2G OF SAID BLOCK A. FROM WHICH A 5/8" IRON ROD WU II A CAP STAMPED "nw’ FOUND FOR THE EASTERNMOST CORNER OF SAID LOT 2B AND BEING THE NORTHERNMOST CORNER OF SAID LOT 2C AND BEING ON SAID SOUTHWEST RIGHT-OF-WAY OF TEASLEY LANE, BEARS NORTH 55'32’}2" EAST, 227.66 FEET; THENCE sourH 55'32’12" WEST. WITH THE SOUTHEAST LINE OF SAID LOT 2B AND THE NORTHWEST LINE OF SAID LOT 2C, A DISTANCE OF 86.36 FEET TO A 5/8" IRON ROD WITH A CAP STAMPED "jaw’ FOUND FOR THE SOUTHERNMOST CORNER OF SAID LOT 2B AND BEING THE WESTERNMOST CORNER OF SAID LOT 2C, SAME BEING IN THE NORTHEAST LINE OF SAID LOT 2E; THENCE NORTH 34'47’57" WEST. WITH THE sourHWEST LWE OF SAID LOT 2B AND THE NORTHEAST LINE OF SAID LOT 2E, A DISTANCE OF 123.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.281 OF AN ACRE (12,240 SQUARE FEET) OF IAND. biRib§toe8HK89€ EST C. NANCE, R.P.L.S. NO. 6809 D ON THE GROUND: 04/02/2024 DRAINAGE EASEMENT PARTIAI, ABANDONMENT LOT 2B, BLOCK A DENTON WEST JOINrVENIURE ADDITION INSTRUMENT NO. 2024- 118 0.P.R.D.C.T. NOTES: 1. ORIGINAI,DOCUMENTSIm: 8.5" X 11" 2. AU, BEARINGS. DISTANCES, ACREAGB AND COORDINATE VALUES CONTAINED HHRHN ARE GRID BASED UPON THE TWAS grATE PLANE COORDINATE gYSTEM. NORTH CENTRAL ZONE (4202), U.S. SURVEY FEET. NORTH AMERICAN DATUM 1983. 3. SEE ATrACHHD DGIIBIT "A" SHEET 1 OF 2 FOR PI,AT MAP llkPOGRAPPgC LOYALTY INNOVATION LEGACY O E 481 WINSCOTT ROAD, Ste. 200 • BENBROOK, TEXAS 76126 TELEPHONE: (817) 74+7512 ' FAX (817) 744-7554 TEXAS FIRM REGISTRATION NO. 10042504 WWW.TOPOGRAPHIC.COM