22-2416ORDINANCE NO.22-2416
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING, RELINQUISHING,AND VACATING A SEVEN SQUARE FOOT PORTION OF THE PUBLIC UTILITYEASEMENT GRANTED TO THE CITY OF DENTON BY EDWARD F. WOLSKI, M.D. DBAM.A. PROPERTIES, RECORDED IN VOLUME 5158 PAGE 3602, REAL PROPERTYRECORDS, DENTON COUNTY, TEXAS; SUBJECT TO A REVERTER; PROVIDING FORTHE QUITCLAIb4 THEREOF TO QUINCY PARTNERS, LLC, A TEXAS LIMITEDLIABILITY COMPANY; PROVIDING FOR THE TERMS AND CONDITIONS OF THE
ABANDONMENT, RELINQUISHMENT AND QUITCLAIN4 MADE HEREIN; PROVIDINGFOR THE INDEMNIFICATION OF THE CITY OF DENTON AGAINST DAMAGESARISING OUT OF THE ABANDONMENT HEREIN; PROVIDING FOR THECONSIDERATION TO BE PAID TO THE CITY OF DENTON; PROVIDING FORSEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton (“City”) is the holder of a 0.144-acre Public UtilityEasement granted by Edward F. Wolski, M.D. dba M. A. Properties, recorded in Volume 5158
Page 3602, Real Property Records, Denton County, Texas (the “Subject Easement”); and
WHEREAS, Quincy Partners, LLC, a Texas limited liability company (“Owner”), is the
record abutting owner of the underlying fee simple title to the property encumbered by the Subject
Easement according to the General Warranty Deed recorded in Document Number 202 1-109822,
Real Property Records, Denton County, Texas; and
WHEREAS, the Owner unintentionally encroached into the Subject Easement with its
private improvements. A seven square foot area (“Abandonment Area“) of the Subject Easement
and was encumbered with Owners private improvements, illustrated and attached hereto as Exhibit
A. Subject Easement does not allow private improvements that interfere with the conveyed land
rights of public utilities. A twelve-inch waterline is located within said Subject Easement and is
being relocated at Owners expense to be ten feet away from the private improvement.; and
WHEREAS, The Owner is requesting the City to abandon, relinquish and quitclaim theAbandonment Area to address the encroachment issue; and
WHEREAS, the relinquishment, abandonment and quitclaim of the Abandonment Area
serves a public purpose by promoting development and addressing the easement encroachment;and
WHEREAS, the City Engineer and Public Works staff have confirmed that the property
has been developed in such a manner that the Abandonment Area is no longer necessary to
address public utilities concerns on the property or for any current or future public utility
projects
WHEREAS, the City of Denton may sell its real property interests to an abutting owner for
less than fair market value as determined by an appraisal, for easements the political subdivision
chooses to exchange for public purposes and without complying with the notice and bidding
requirements for the sale of public lands provided for in Chapter 272; and
WHEREAS, an independent appraisal of the Abandonment Area was provided by the
Owner and it lists the fair market value at $125.00 “One Hundred Twenty-Five Dollars and No
Cents”; and
WHEREAS, staff recommends the abandonment of the Abandonment Area at no cost to
the Owner as the City acquired the easement at no cost, has not installed any public infrastructurewithin the Abandonment Area, and has not identified current or future use for the Subject
Easement; and
WHEREAS, the City Council of the City of Denton, acting pursuant to law and upon the
request and petition of Quincy Partners, LLC, a Texas limited liability company , is of the opinionthat the best interest and welfare of the City will be served by abandoning, relinquishing and
quitclaiming, subject to a reverter interest the City of Denton’s right, title and interest in and to theAbandonment Area to the Owner, and is of the opinion that, subject to the terms and conditions
hereinafter provided, the Abandonment Area is no longer needed for municipal use, and same
should be abandoned relinquished and quitclaimed to the Owner as hereinafter provided, forconsideration hereinafter stated; NOW, THEREFORE,
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 Area to the Owner for the consideration and subject to the terms and conditions and
reverter hereinafter more fully set forth; Now, Therefore,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. The recitations and finding set forth above are incorporated herein byreference.
SECTION 2. The following Easement held by the City of Denton are partially
relinquished, abandoned, and quitclaimed in its entirety:
a. A seven square foot area of the Public Utility Easement granted by Edward F. Wolski,M.D. dba M.A. Properties, recorded in Volume 5158 Page 3602, Real Property
Records, Denton County, Texas; and
SECTION 3. That the City of Denton hereby abandons and relinquishes all of its right,
title and interest in and to the tract of land illustrated and described in Exhibit A, attached hereto
and made a part hereof; subject, however, to the conditions hereinafter more fully set out.
SECTION 4. That the City of Denton does by these presents quitclaim unto said Owner,
subject to conditions reservations and exceptions hereinafter made and with the reverter interest
herein stated, all its right, title and interest in and to the Abandonment Area hereinabove described
in Exhibit A. Provided, however, that if the existing encroachment situated on and adjacent to the
area to be abandoned is ever: (i) partially demolished, removed or damaged and is not promptly
thereafter repaired or rebuilt; (ii) substantially or totally demolished, removed or damaged; or (iii)
abandoned in whole or in part by Owner, its successors and assigns, then this ordinance and
quitclaim shall be rendered null and void and the rights, title and easement of the public shall
Page 2
absolutely revert without any necessity for suit or re-entry by the City; and no act or omission on
the part of the City, it successors and assigns, shall be a waiver of the operation of enforcement of
this ordinance. TO HAVE AND TO HOLD all such right, title and interest in and to the propertyand premises, subject aforesaid, together with all and singular the rights privileges, and
appurtenances thereto in any manner belonging unto the said Owner.
SECTION 5. That the abandonment, relinquishment 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 6. That the terms and conditions contained in this ordinance shall be binding
upon the Owner, its heirs, successors and assigns.
SECTION 7. THAT AS A CONDITION OF THIS ABANDONMENT AND AS APART OF THE CONSIDERATION FOR THE QUITCLAIM TO THE OWNER, ITSHEIRS, SUCCESSORS AND ASSIGNS, AGREE TO INDEMNIFY. DEFEND. RELEASEAND HOLD HARMLESS THE CITY OF DENTON TO ANY AND ALL CLAIMS FORDAMAGES, FINES, PENALTIES, COSTS OR EXPENSES TO PERSONS ORPROPERTY 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
OWNER, ITS HEIRS, SUCCESSORS AND ASSIGNS; (I1) THE PRESENCE,GENERATION, SPILLAGE, DISCHARGE, RELEASE, TREATMENT ORDISPOSITION OF ANY HAZARDOUS SUBSTANCE ON OR AFFECTING THE AREASET OUT IN EXHIBIT A; (II1) ALL CORRECTIVE ACTIONS CONCERNING ANYDISCOVERED HAZARDOUS SUBSTANCES ON OR AFFECTING THE AREA
DESCRIBED IN EXHIBIT A, WHICH THE OWNER, ITS HEIRS, SUCCESSORS ANDASSIGNS, AGREE TO UNDERTAKE AND COMPLETE IN ACCORDANCE WITH
APPLICABLE FEDERAI,, STATE AND LOCAL LAWS AND REGULATIONS; AND (IV)THE ABANDONMENT, CLOSING, VACATION AND RELEASE BY THE CITY OFDENTON OF THE AREA SET OUT IN EXHIBIT A. THE OWNER, ITS HEIRS,SUCCESSORS AND ASSIGNS, HEREBY AGREE TO DEFEND ANY AND ALL SUITS,CLAIMS, OR CAUSES OF ACTION BROUGHT AGAINST THE CITY OF DENTON ONACCOUNT OF SAME, AND DISCHARGE ANY JUDGMENT OR JUDGMENTS THATMAY BE RENDERED AGAINST THE CITY OF DENTON IN CONNECTIONTHEREWITH. FOR PURPOSES HEREOF, “HAZARDOUS SUBSTANCE” MEANSTHE FOLLOWING: (A) ANY “HAZARDOUS SUBSTANCES” UNDER THECOMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION, ANDLIABILITY ACT, 42 u.s.c. SECTION 9601 ET SEQ., AS AMENDED; (B) ANY“HAZARDOUS SUBSTANCE” UNDER THE TEXAS HAZARDOUS SUBSTANCESSPILL PREVENTION AND CONTROL ACT, TEX. WATER CODE, SECTION 26.261 ET
SEQ., AS AMENDED; (c) PETROLEUM OR PETROLEUM-BASED PRODUCTS (ORANY DERIVATIVE OR HAZARDOUS CONSTITUENTS THEREOF OR ADDITIVES
THERETO), INCLUDING WITHOUT LIMITATION, FUEL AND LUBRICATING OILS;(D) ANY “HAZARDOUS CHEMICALS” OR “TOXIC CHEMICALS” UNDER THEOCCUPATIONAL SAFETY AND HEALTH ACT, 29 u.s.c. SECTION 651 ET SEQ., ASAMENDED; (E) ANY “HAZARDOUS WASTE” UNDER THE RESOURCE
Page 3
CONSERVATION AND RECOVERY ACT, 42 u.s.c. SECTION 6901 ET SEQ., ASAMENDED; AND (F) ANY “CHEMICAL SUBSTANCE” UNDER THE TOXICSUBSTANCE 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 ASAPPLICABLE RULES AND REGULATIONS AS NOW OR HEREAFTERPROMULGATED THEREUNDER.
SECTION 7. The City Manager, or their designee, is authorized to execute a quitclaim
deed document evidencing the abandonment of the Subject Easement, suitable for recordation in
the Real Property Records of Denton County, Texas.
SECTION 8. 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 Easement abandoned, released and vacated in Section 2 above,
whether acquired, obtained, owned, or claimed by the City of Denton or public, by, through, orunder 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 7. 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 theremainder of the Ordinance.
SECTION 8. This Ordinance shall become effective immediately upon its passage and
approval.
s e c o n d eUy %====p EF== i \Xa:= c e w a s m : Ie Tr d i n a :iCe#: as seTh approve fE
the following vote [L - dLl :
Aye
\//
P
k
P/
Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2:Jesse Davis. District 3 :
VACANT. District 4:
Brandon Chase McGee.At Large Place 5 :
Chris Watts, At Large Place 6:
V‘
b/
Page 4
PASSED AND APPROVED this the a day of U>(1]bbar , 2022.
re(ii:iiI:I=I
ATTEST:
ROSA RIOS, CITY SECRETARY
A\\tllrllffI/
kaI
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
B} ]I/r : •11aI e VpIIT7rri I n Gar: Iib I(r7r7@ jU kh§§!::==== = =
Page 5
EXHIBIT A
LEGAL DESCRIPTION
Being a 7 s[llare foot tract of land out of the S. McCracken Survey, Abstract Number 817, situated in
the City of Denton, Denton County, Texas and being a U)dion of Lot 1, Block A, of Quincy Court, a
subdivision of record in Document Number 2020-269 of the Plat Records of Denton County, Texas,
also being a [l)rtion of that certain 16 foot wide Utility Easement conveyed to the City of Denton by
Document of Record in Volume 5158, Page 3602 of the Real ProtBrty Records of Denton County,
Texas and being more LBrticularly described by metes and bounds as follows:
COMMENCING, at a 1/2 inch iron rod with plastic cap stamped “WINDROSE” found at the North end of
a cutback line at the intersection of the South right-of-way line of North Loo 3288 (right-of-ay varies) and
the East right-of-way line of Stuart Road (40' right-of-way), being in the North line of said 16 foot wide
Easement of record, also being the most Northerly Northwest corner of said Lot 1 , from which a 1/2 inchiron rod found at the Northeast corner of said Lot 1 bears S89'37'23'’E, a distance of 200.98 feet;
THENCE, S26'07'29’'E, leaving the South right-of-way line of North Loop 288, over and across said Lot
1 and said 16 foot wide Utility Easement of record, a distance of 16.79 feet to an angle H)int in the
South line of said 16 foot wide Utility Easement of record a
THENCE, S46'14'16"W, continuing over and across said Lot 1 , along the South line of said 16 foot
wide Utility Easement of record, a distance of 26.50 feet to the POINT OF BEGINNING and Northeastcorner hereof I
THENCE, S46'14'16'’W, continuing over and across said Lot 1 , along the South line of said 16 foot
wide Utility Easement of record, a distance of 5.35 feet to the Southwest corner hereof U
THENCE, leaving the South line of said 16 foot wide Utility Easement of record, over and across said
Lot 1 and said 16 foot wide Utility Easement of record, the following two (2) courses and distances:
1. N00'58'53"E, a distance of 3.77 feet to the Northwest corner hereof;
2. S88'57'11"E, a distance of 3.80 feet to the POINT OF BEGINNING and containing an area of 7
SLllare Feet of land, more or less
Bearings are based on GPS observations utilizing the AlITerra RTK Network. North American Datum
of 1983 (Adjustment Realization 201 1).
I hereby certify that this survey. nan or reEI)rt was aetBred byme or under my direct suEBrvision and that I am a Registered
Professional Land SuIveyor under the laws of the State of TexasPAGE 1 OF 2 EXHIBIT A
EAGLE SURVEYING, LLC210 S. ELM STREETSUITE: 104DENTON, TX 76201
(940) 222-3009EAGMSURVEYINGTX FIRM # 10194177 A[
:hew RaabeR.pIL.s. # 6402JOB NUI
2104.078-04 MJR 04/26/2022
EXHIBIT A
S. McCracken Survey, Abstract No. 817
City of Denton, Denton County, Texas
PocI 16' UTILITY EASEMENT(PORTION TO REMAIN)VOLUME 5158. PAGE 3602R.P.R.D.C.T.
N. LOOP 288
RIGHT-OF-WAYVARIES
RIGHT-OF-WAYDEDICATIONCAB. R. PAGE 310P.R.D.C.T,
[
1/2"CI RF"WINDROSE'’1/2"IRF
TOP OF WATER PIPE
ELEVATION=655.57'
S 89'37'23" E 200.98'
/
f- f
WILLIAMSBURG
SQUARE
CABINET R. PAGE 310P.R.D.C.T
,g\t ;'::':I
i
F
I
F
I
I
I
I
L4
\\\\\
LOT 54
g gE :gg
(X) ?
.
LOT 1
BLOCK Age
8 gg g
I
QUINCY COURTDOC. NO. 2020-269P.R.D.C.T
LOT 55
LINE TABLE
BNS 26'07'29" E FN
16.79
26.50'
5.35'
3.77'
3.80'
LOT 56
I
I
I
I
I
l
-J 16' UTILITY EASEMENT
(PORTION TO REMAIN)VOLUME 5158, PAGE 3602R.P.R.D.C.T.
S 46'14'16" W
S 46'14'16" WN OO'58'53" E
S 88'57'1 I" E
NOTE: Bearings shown are based onGPS observations utilizing the AlITerraRTK Network. North American Datum
of 1983 (Adjustment Realization 2011 )
LOT 57
EXHTBIT A
EAGLE SURVEYING, LLC210 S. ELM STREETSUITE: 104DENTON, TX 76201
(940) 222-3009
LEGEND
IRFCIRFPOBPOCP.R.D.C.T
RON ROD FOUND
CAPPED IRON ROD FOUNDPOINT OF BEGINNING
POINT OF COMMENCEMENT
PLAT RECORDS DENTONCOUNTY, TEXASREAL PROPERTY RECORDS
DENTON COUNW, TEXASWATER VALVE
WATER UTILITY MARKING
EA-SURVEYING TX FIRM # 10194177
2104.078-12 1 MJR/CHM
1" = 40’
06/02/2022 0 20 40