HomeMy WebLinkAbout26-1154ORDINANCE NO. 26-1154
AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE
ABANDONMENT, RELINQUISHMENT AND QUITCLAIM OF A DRAINAGE AND
TWO (2) PUBLIC UTILITY EASEMENTS (APPROXIMATELY 2.017 ACRES),
SITUATED IN THE J. LILLY SURVEY, ABSTRACT NUMBER 762 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, GRANTED TO THE CITY OF
DENTON, BY SAS & ASSOCIATES, INC., JOE BELEW, AND TOM JESTER JR., IN
COUNTY CLERK FILE NO. 1997-58261,1983-55281, and 1983-55282; PROVIDING FOR
THE QUITCLAIM THEREOF TO LATIIMORE PHASE I LLC, AND LATTIMORE PHASE 11
LLC, A TEXAS CORPORATION; PROVIDING FOR THE TERMS AND CONDITIONS OF
THE ABANDONMENT, RELINQUISHMENT, 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 EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the holder of two (2) Public Utility
Easements and a Drainage Easement granted to the City of Denton by recorded instrument No.
1983-55281, 1983-55282, and 1997-58261 in the Real Property Records of Denton County,
Texas (the "Subject Easements"); and
WHEREAS, Lattimore Phase I LLC, and Latimore Phase II LLC, a Texas
Corporation ("Owner" or "Grantee"), is the record abutting owner of the property subject to
the Subject Easements, ownership granted by Special Warranty Deed 2025-24522, 2025-
55541, and General Warranty Deed recorded by County Clerk File Number 2025-80854, Real
Property Records, Denton County, Texas; and
WHEREAS, the Subject Easements encumbers a portion of the Grantee's Lot, known
as Sage Creek Townhomes Association INC., an addition to the City of Denton, Denton
County, Texas, Document Number 2025-158, Plat Records, ("Final Plat") and restricts the
Lot from being developed in compliance with the Denton Development Code; and
WHEREAS, the Grantee has requested the City to abandon, relinquish, and
quitclaim a public drainage and two (2) utility easements conveyed to City of Denton by
instrument No. 1983-55281, 1983-55282, and 1997-58261. The Subject Easements to be
abandoned are approximately 2.017-acres (the "Abandonment Tract"), as described and
depicted in Exhibit "A" attached hereto; 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 drainage and public utility easements concerns on the property
or for any current or future drainage or public utility easements; 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 Two Hundred Ninety -One Thousand Two -
Hundred Eighty -Six Dollars ($291,286.00); and
WHEREAS, staff recommends abandoning and releasing the Abandonment Tract at
no cost to Grantee as the City acquired the easements by dedication at no cost and the existing
drainage and public utility easements are 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 the Grantee is of the opinion that the best interest and welfare of
the City will be served by abandoning, releasing and quitclaiming the City of Denton's right,
title and interest in and to the Subject Easements to the Grantee, and is of the opinion that,
subject to the terms and conditions hereinafter provided, the Subject Easements are 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 approximately 2.017-acres of the drainage and
two (2) public utility easements conveyed to City of Denton by instrument No. 1983-55281,
1983-55282, and 1997-58261 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 consideration described in Sections 4 and 7, 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 is made
subject to all present zoning and deed restrictions, if the latter exists, 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: (I) THE USE AND OCCUPANCY OF
THE AREA DESCRIBED IN EXHIBIT A BY GRANTEE, ITS/THEIR
HEIRS/SUCCESSORS AND ASSIGNS; (II) THE PRESENCE, GENERATION,
SPILLAGE, DISCHARGE, RELEASE, TREATMENT OR DISPOSITION OF ANY
HAZARDOUS SUBSTANCE ON OR AFFECTING THE AREA SET OUT IN
EXHIBIT A, (III) 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 A LL 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 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 j
The motion to approve this ordinance was made by George Ferrie and seconded by Nick
Stevens. The ordinance was passed and approved by the following vote [ 6 - 0 ]:
Aye
Chris Watts, Mayor:
,/
Jordan Villarreal, District 1:
Nick Stevens, District 2:
Suzi Ruhmor, District 3:
Joe Holland, District 4:
George Ferrie: At Large
Place 5
Jill Jester, At Large Place 6:
Nay Abstain Absent
PASSED AND APPROVED this the 15th day of September 2026.
awk
CHRIS WATTS, MAYOR
ATTEST:
KRISTI GILBERT, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: '^'"�
FIELD NOTE DESCRIPTION
50' DRAINAGE EASEMENT ABANDONMENT
BEING an easement situated in the J. Lilly Survey, Abstract Number 762, and
being a portion of those tracts of land conveyed to SAGE CREEK TOWNHOMES
ASSOCIATION INC, according to the document filed of record in Document No.
2025-55541, LATTIMORE PHASE I LLC, according to the document filed of
record in Document No. 2025-24522 and LATTIMORE PHASE II LLC according
to the document filed of record in Document No. 2025-80854 Deed Records,
Denton County, Texas, (D.R.D.C.T.) and being more particularly described as
follows:
BEGINNING at a point for the southeast corner of said easement, from which a
5/8 inch iron rod found bears N 89' 40' 10" E, 678.99 feet.
THENCE, S 890 40' 10" W, a distance of 50.00 feet to a point for the southwest
conger of said easement.
THENCE, N 00' 10' 04" W, a distance of 80.08 feet to a point for a conger at the
beginning of a curve to the right, having a central angle of 25' 13' 41 ", a radius of
425.00 feet, and a chord bearing and distance of N 12' 26' 47" E, 185.62 feet.
THENCE, with said curve to the right an arc distance of 187.13 feet to a point for
a conger.
THENCE, N 250 03' 37" E, a distance of 877.61 feet to a point for the northwest
corner of the above -mentioned easement.
THENCE, N 89° 47' 29" E, a distance of 55.29 feet to a point for the northeast
corner of said easement.
THENCE, S 25° 03' 37" W, a distance of 901.21 feet to point ofr a corner at the
beginning of a curve to the left, having a central angle of 25' 13' 41 ", a radius of
375.00 feet, and a chord bearing and distance of S 12' 26' 47" W, 163.79 feet.
THENCE with said curve to the left an arc distance of 165.12 feet to a point for a
corner.
THENCE S 000 10' 04" E, a distance of 79.93 feet to the POINT OF
BEGINNING and containing 57,277 square feet or 1.315 acres of land.
Page 1 of 2
VICINITY MAP
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LEGEND
P.R.D.C.T. = PLAT RECORDS, DENTON COUNTY, TEXAS
D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS
O = 1/2" IRON ROD W/ YELLOW PLASTIC
CAP STAMPED "METROPLEX FIRM
SURVEYING 10023300" FOUND
UNLESS NOTED OTHERWISE
• = POINT FOR CORNER
NOTE: BASIS OF BEARINGS DERIVED FROM
THE TEXAS STATE PLANE COORDINATE
SYSTEM, NAD83, NORTH CENTRAL ZONE.
"OUA11DS M I LLD a OdION 110USN0 AFOICSTY
WOODLANDS EC 1 LLD t DOCUMENT NUMBER
WOODLAND INC N u 302+-SS 0
7D21-171N1 (N J=T) L3 N89'47'29"E
1/2. ,Ef METROP Eu 275.40'
FIRM SURVEYM
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LINE TABLE
LINE
BEARING
LENGTH
L1
S89'40'10"W
50.00'
L2
NO'10'04"W
80.08'
L3
N89'47'29"E
55.29'
L4
SO'10'04"E
79.93'
U U
L4
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PROPOSED ABANDONPENT
VOL 13P0%PP6 325
DJLDAT.
PIABANDONMENT
IL
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SALE CREEK TONNHOMIS ASSOCIATION INC
DOCUENT Na 2075-SLDt,
LATIMOSE PHASE I LID
DOCUMENT NO, 3035-7tlYl
LATINWOEE PHASE W LIC
DOCUMENT ND. 102540544
DJ=T.
POINT OF
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,BEGINNING
LATIIMORE STREET
L1
5/5' RCN
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19�
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CURVE TABLE
CURVE
DELTA
RADIUS
TANGENT
LENGTH
CHORD
C1
25°13'41"
425.00'
95.11'
187.13'
N12'26'47"E 185.62'
C2
25*13'41"
375.00'
83.92'
165.12'
S12'26'47"W 163.79'
ABANDONMENT OF 50' DRAINAGE EASEMENT
57,277 SQUARE FEET OR 1.315 ACRES
JOSEPH LILLY SURVEY, ABSTRACT NO. 782
CITY, DENTON COUNTY, TEXAS
JOHNSON VOLK
�► CONSULTING Ryan S. Reynolds
TBPELS.EngineenrigFirm No. 11962/Land Surveying Firm NO. 10194033 Registered Professional Land Surveyor
704 Central Parkway East I Suite 12001 Plano,TX 75074 1 972201.3100 No. 6385
Page 2 of 2
05/11/26
FIELD NOTE DESCRIPTION
20' PUBLIC UTILITY EASEMENT ABANDONMENT 01
BEING an easement situated in the J. Lilly Survey, Abstract Number 762, and
being a portion of those tracts of land conveyed to SAGE CREEK TOWNHOMES
ASSOCIATION INC, according to the document filed of record in Document No.
2025-55541, LATTIMORE PHASE I LLC, according to the document filed of
record in Document No. 2025-24522 and LATTIMORE PHASE 11 LLC according
to the document filed of record in Document No. 2025-80854 Deed Records,
Denton County, Texas, (D.R.D.C.T.) and being more particularly described as
follows:
BEGINNING at a point for the most westerly northwest corner of said easement,
from which a 1/2" iron rod with yellow plastic cap stamped "Metroplex Firm
Surveying 10023300" found bears N 00' 10' 40" W, 715.74 feet;
THENCE, S 890 49' 42"
E, a distance of 257.69 feet to a point for a corner of said
easement.
THENCE, N 040 40' 35"
E, a distance of 171.35 feet to a point for the northwest
corner of said easement.
THENCE, N 880 33' 05"
E, a distance of 20.12 feet to a point for the northeast
corner of said easement.
THENCE, S 04° 40' 35"
W, a distance of 191.98 feet to a point for a corner of said
easement.
THENCE, N 890 49' 42"
W, a distance of 276.06 feet to a point for the most
westerly southwest corner of said easement.
THENCE, N 00° 10' 40"
W, a distance of 20.00 feet to the POINT OF
BEGINNING and containing 8,971 square feet or 0.206 acres of land.
VICINITY MAP
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B SITE
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J 288
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LEGEND
P.R.D.C.T. = PLAT RECORDS, DENTON COUNTY, TEXAS
D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS
O = 1 /2" IRON ROD W/ YELLOW PLASTIC
CAP STAMPED "METROPLEX FIRM
SURVEYING 10023300" FOUND
• = POINT FOR CORNER
NOTE: BASIS OF BEARINGS DERIVED FROM
THE TEXAS STATE PLANE COORDINATE
SYSTEM, NAD83, NORTH CENTRAL ZONE.
LOT 1.■=A
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LINE TABLE
LINE
BEARING
LENGTH
L1
S89'49'42"E
257.69'
1-2
N4'40'35"E
171.35'
L3
N88'33'05"E
20.12'
0 10 20 30
SCMZ R1 FEET
NATNAN EARL R,C,IARDS —1 NPA
CNRISINA IMARDS
DDORNNT NC 2M1-34LD
D.R.D.CL
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LINE TABLE
LINE
BEARING
LENGTH
L4
S4'40'35"W
191.98'
L5
N89'49'42"W
276.06'
1-6
N0*10'40"W
20.00'
(01) ABANDONMENT OF 20' PUBLIC UTILITY EASEMENT
8,971 SQUARE FEET OR 0.206 ACRES
JOSEPH LILLY SURVEY, ABSTRACT NO. 782
CITY, DENTON COUNTY, TEXAS
'��, JOHNSON YOLK
CONSULTING
TBPELS-.Engineering Finn No. 11952/ Land Surveying Firm Na 10194033
704CentralParkwayEast I Suite 12001 Plano..TX 75074 1 9722013100
Ryan S. Reynolds
Registered Professional Land Surveyor
No. 6385
Pane 2 of 2
05/11/26
FIELD NOTE DESCRIPTION
20' PUBLIC UTILITY EASEMENT ABANDONMENT 02
BEING an easement situated in the J. Lilly Survey, Abstract Number 762, and
being a portion of those tracts of land conveyed to SAGE CREEK TOWNHOMES
ASSOCIATION INC, according to the document filed of record in Document No.
2025-55541, LATTIMORE PHASE I LLC, according to the document filed of
record in Document No. 2025-24522 and LATTIMORE PHASE II LLC according
to the document filed of record in Document No. 2025-80854 Deed Records,
Denton County, Texas, (D.R.D.C.T.) and being more particularly described as
follows:
BEGINNING at a point for the southeast corner of said easement, from which a
5/8" iron rod with plastic cap stamped "SENT CORP" found bears S 04' 38' 38" E,
27.70 feet;
THENCE, S 89° 04' 56" W, a distance of 20.00 feet to the southwest corner of said
easement.
THENCE, N 000 55' 04" W, a distance of 386.44 feet to a point for a corner of
said easement.
THENCE, S 88° 35' 04" W, a distance of 674.83 feet to a point for a corner of said
easement.
THENCE, N 04° 40' 35" E, a distance of 20.13 feet to a point for the northwest
corner of said easement.
THENCE, N 88° 35' 04" E, a distance of 692.87 feet to the POINT OF
BEGINNING and containing 21,616 square feet or 0.496 acres of land.
Page 1 of 2
VICINITY MAP
/\NCO �D
8 SITE
LATTIMORE ST o
Q
28s
m
zZ
E MCKINNEY ST
0
Z �
3
0
O
0
NORTH 3
NOT TO SCALE
LEGEND
P.R.D.C.T. = PLAT RECORDS, DENTON COUNTY, TEXAS
D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS
O = 1/2" IRON ROD W/ YELLOW PLASTIC
CAP STAMPED "METROPLEX FIRM
SURVEYING 10023300" FOUND
UNLESS NOTED OTHERWISE
• = POINT FOR CORNER
NOTE: BASIS OF BEARINGS DERIVED FROM
THE TEXAS STATE PLANE COORDINATE
SYSTEM, NAD83, NORTH CENTRAL ZONE.
11
0 10 20 s0
sce1E IN F1 ur
NATRAR EAR MONARDS OW .Nw
ORESINA R OMM
DO2REI(T NG. 2011-3L370
D.RD.O.T.
1/2' YOP METROPIFX /
IOD23300VEA
QJ
YMANATNA RAPRsr VOLUME aS3. PAGE CHLOO1
J G O
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DOM NO.
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(� AR �aiMTD AI=
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L4PPOR�.Y1 a„ aDRGAND TGRAtU ANAilA LOPE2 MERID
�L,T DGORETTT NO 20ZT.-00S00R
--�POINT OFBEGINNING2N"'" ""R
DAD.T.RAGE a� TOW*NXM ASSOCIATION NADaORNNr Ra 2D25-ssxi8'38°ELMTNORE PRASE I uA
LATiwREEPPRA�S uA 0'DOORCO RO 2026-GOWL1
DAD.GT. 'SF/NT CORP•
LINE TABLE
LINE
BEARING
LENGTH
1-1
S89'04'56"W
20.00'
1-2
NO'55'04"W
386.44'
L3
S88'35'04"W
674.83'
LINE TABLE
LINE
BEARING
LENGTH
L4
N4'40'35"E
20.13'
L5
N88'35'04"E
692.87'
L6
SO'55'04"E
406.63'
02) PARTIAL ABANDONMENT OF 20' PUBLIC UTILITY EASEMENT
21,616 SQUARE FEET OR 0.496 ACRES
JOSEPH LILLY SURVEY, ABSTRACT NO. 782
CITY, DENTON COUNTY, TEXAS (�R�Y-AN`-'S.
sTREY -a
�� JOHNSON YOLK
CONSULTING
TBPELS. Engineering Firm No.11962 / Land Surveying Firm No.10194033
704 Central Parkway East I Suite 12001 Plano,TX 75074 1 972201.3100
Ryan S. Reynolds
Registered Professional Land Surveyor
No. 6385
2 of 2
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05/11/26