22-1865ORDINANCENO. 22-1865
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING, RELINQUISHING,AND VACATrNG A 7.309 ACRE PORTION OF A PUBLIC DRAINAGE EASEMENTGRANTED TO THE CITY OF DENTON BY DENTON WEST JOINT VENTURE.RECORDED BY COUNTY CLERK FILE NO. 2014-103670, THE REAL PROPERTYRECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM
THEREOF TO MARKSMAN HUNTERS CREEK LLC; PROVIDING FOR THE TERMS ANDCONDITIONS OF THE ABANDONMENT, RELINQUISHMENT AND QUITCLAIM MADEHEREIN; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF DENTONAGAINST DAMAGES ARISING OUT OF THE ABANDONMENT HEREIN; PROVIDINGFOR THE CONSIDERATION 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 Public Drainage Easement
granted by Denton West Joint Venture, recorded by County Clerk File No. 2014-103670, Real
Property Records of Denton County, Texas (the “Subject Easement”); and
WHEREAS, Marksman Hunters Creek LLC, a Texas limited liability company,
(“Owner“), is the record abutting owner of the property subject to the Subject Easement, Special
WarTanty Deed recorded by County Clerk File Number 2019-158833, Real Property Records,Denton County, Texas; and
WHEREAS, the Owner has requested the City to abandon, relinquish, and vacate a 7.309
acre portion of the Subject Easement (the “Abandonment Tract”), as described and depicted in
Exhibit “A“ attached hereto, as the Abandonment Tract; and
WHEREAS, the Owner, as required in the development process, has constructed publicdrainage infrastnnture improvements to provide the necessary public drainage needs for the
development and has dedicated a new drainage easement (“New Easement”) which has been
approved by plat shown in County Clerk File Number 2020-199, Plat Records, Denton County,Texas; and
WHEREAS, the dedication of the New Easement and infrastructure improvements have
rendered the Abandonment Tract of no further use by the City; and
WHEREAS, the Owner has requested the City to abandon, relinquish and quitclaim the
Abandonment Tract in its entirety as it is no longer necessary; and
WHEREAS, the relinquishment, abandonment and quitclaim of the Abandonment Tract
serves a public purpose by eliminating the City’s obligation to construct, maintain and install
drainage infrastructure improvements serving the site; 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 concerns on the property or for any current or future public drainage
projects; and
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 $1,085,280.00 “One Million Eighty-Five Thousand
Two Hundred Eighty Dollars and No Cents”; and
WHEREAS, staff recommends releasing the Abandonment Tract at no cost to the Owner
as the City acquired the easement at no cost, has not installed any public infrastructure within the
Abandonment Tract, and has no identified current or future use for the Abandonment Tract; and
WHEREAS, the City Council of the City of Denton, acting pursuant to law and upon the
request and petition of the Owner 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 Abandonment Area to the Owner, and is of the opinion that, subject to the
terms and conditions hereinafter provided, Abandonment Area is no longer needed for municipal
use, and same should be abandoned relinquished and quitclaimed to the Owner as hereinafter
provided, for consideration 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
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 byreference.
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 7.309 acre portion of 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 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 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 5. That the terms and conditions contained in this ordinance shall be binding
upon the Owner, its heirs, successors and assigns.
Page 2
SECTION 6. That as a condition of this abandonment and as a part of the consideration
for the quitclaim to the Owner, 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: (i) the use and
occupancy of the area described in Exhibit A by the Owner, its 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 the
Owner, its heirs, successors and assigns, agree to undertake and complete in accordance withapplicable 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 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 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 65 1 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 definjtion include all past and future amendments thereto, as well as
applicable rules and regulations as now or hereafter promulgated 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 Abandonment Tract abandoned, released and vacated 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 8. The provisions of this Ordinance are severable, and the invalidity of anyphrase, clause, or part of this Ordinance shall not affect the validity or effectiveness of theremainder of the Ordinance.
SECTION 9. This Ordinance shall become effective immediately upon its passage and
approval.
Page 3
secodynnql„ #H was ’Yrdinanc:hL£pp„v,daIthe following vote E - a :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :Brian Beck. District 2:Jesse Davis. Distriet 3 :
VACANT. District 4:
Brandon Chase McGee,
At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the 2023
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ArrEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATFORNEY €W
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Page 4
EXHIBIT A
BEING a tract of land situated in the J. Fisher Survey, Abstract No. 421, and being a portion of Lot 3, Block A, Denton West Joint
Venture Addition. an AddHort to the City of Denton, Denton County, Texas, according to the Conveyance Plat, thereof recorded in
Document No. 202(m of the Plat Records of Denton County. Texas, same also being a portion of a Drainage Eas8ment described
as Tract 1, as recorded in Instrument No. 2014-10367C) of the Real Property Records of Denton County. Texas, and being more
particularty described as follows:
BEGINNING at a PK naN Found for the southwest corner of said Lot 3, common to the southwest corner of said Drainage
Easement. and the southern most southeast corner of Teasley TraNs Phase III. according to the Minor Amending Plat thereof
recorded in Document No. 2017-95 of the Plat Records of Denton County, Texas, same being in the centerline of Ryan Road, a
variable width right4f-way, and on the northerly line of a right of way dedication by Forest Meadow, Phase 2 thereof recorded in
Instrument No. 2014268 of the Plat Records of Denton County. Texas;
THENCE North OO'03'08" West, departing the centerline of said Ryan Road, and along the westedy line of said Lot 3. the westerly
line of said Drainage Easement, and the easterly line of said Teasley Trails Phase III, a distance of 2:M.49 feet to an en corner of
said Drainage Easement;
THENCE departing the easterly line of said Teasley Trails Phase III and the westerty line of said Lot 3. continuing along the
westerly line of said Drainage Easement and crossing said Lot 3, the following
North 48'40'46" Easl a distance of 195.85 feet to a point for corner;
North 6'06'43" West, a distance of 133.68 feet to a point for comer:
North 43'29'27" West. a distance of 85,82 feet to a point for corner;
North 3'23'54" West, a distanm of 53.66 feet to a point for corner;
North 59'37'02" East, a distance of 52.71 feet to a point for corner;
North 25'05'06" East, a distance of 128.97 feet to a point for corner on the northerly line of said Lot 3 and the southerly
right-of-way Une of Hunter’s Creek, a variable width right-of-way:
THENCE North 89'56'52" East, departing the westerly line of said Drainage Easement. along the northerly line of said Lot 3 and
the southedy nghtof-way line of said Hunter’s Creek, a distance of 266.41 feet to a mag nail found for the northeast corner of saidLot 3. common to the northwest comer of Lot 2. Block A of said Denton West Joint Venture Addition:
THENCE departing said right-of-way line of said Hunter’s Creek, and along the common line of said Lot 2 and Lot 3, the following
South 00'34'0CY' West, a distance of 32.65 feet to a point for corner;
South 33'44'48" East, a distance of 48.26 feet to a point for corner;
South 01'59'14" East, a distance of 46.51 feet to a point for corner;
South 18'38'41" East. a distance of 33.53 feet to a point for comec
South 46'53'0CY' East, a distance of 25.21 feet to a point for corner;
South 72'48'05" East, a distance of 38.33 feet to a point for comer;DRAINAGE EASEMENT PARTIAL
South 43'28'47" East, a distance of 30.63 feet to a point for corner;ABANDONMENT
South 13'51’18" East. a distance of 23.74 feet to a point for corner;J. FISHER SURVEY. ABSTRACT NO. 421CITY OF DENTON
DENTON COUNTY, TEXASContinued on Sheet 2
CN/A 1 SG 1 KHA I w13/2020 1 069316201 1 IOF4
Continued from Sheet 2
South 36'05'47" East, a distance of 22.52 feet to a point for corner
South 03'51'07" East, a distance of 59.87 feet to a point for corner
South 10'31'02" West, a distance of 108.30 feet to a point for cornec
South 13'53'08" West, a distance of 57.59 feet to a point for cornec
South 31'21'21" West. a distance of 50.47 feet to a point for comer;
South 22'59'38" West. a distance of 90.75 feet to a point for comer;
South 40'09'01" West, a distance of 105.89 feet to a point for corner
South 00'44'31" East. a distanoe of 71.88 feet to a point for corner on the southerly line of said Drainage Easement;
South 80'48'33- West. along the southerly line of said Drainage Easement, a distance of 19.67 feet to a PK nail found for the
northwest corner of Hickory Creek Heights, according to the plat thereof recorded in Cabinet N, Page 101 of the Plat Records
of Denton County. Texas. common to the northeast corner of a called 0.333 acre tract of land described in a deed to City ofDenton, Texas. as recorded in Instrument No. 2014-91669 of the OfFicial Records of Denton County. Texas, being on the
southerly line of said Lot 3, and the centerline of aforesaid Ryan Road;
THENCE South 88'45'51" West, along the southerly line of said Lot 3. the southerly line of said Drainage Easement. the
centerline of said Ryan Road, and the northerly line of said 0.333 acre tract. and the northerly line of aforesaid right of way
dedication by Forest Meadow. Phase 2. a distance of 392.87 feet to the POINT OF BEGINNING and containing 7.309 acres
(318,394 square feet) of land, more or less.
DRAINAGE EASEMENT PARTIALABANDONMENT
J. FISHER SURVEY, ABSTRACT NO. 421CITY OF DENTON
DENTON COUNTY. TEXAS
REGISTERED PROFESSIONALLAND SURVEYOR NO. 6461
6160 WARREN PKVW., SUITE 210FRISCO, TEXAS 75034
PH. 972.335-3580 XX S u R N}X FwsyMana.gunawan@kimby+Iom.com --qler ul"mzuzJ I NrA I SG
SYLVIANA GUNAWAN
6461
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03/1 3/2020
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069316201 1 20F4
NOTES \-\
\All bearings shown are based ongrid north of the TexasCoonlinate System of 1983, NorthCentral Zone 4202. usiW the Cityof Denton control monumentation.
IRSC HUNTER’S CREEKDOC. 202G8. P.R.D.C.T.iiEMaT MNS rJ
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TRACT 1DRAINAGE EASEMENTINST NO. 201&l03670R.P.R.D.C.T.
-i –Iiib I:g;;]eDrJ 318,394 SQ. Fr.
7.309 ACRES
PORTION OF DRAINAGEEASEMENTINST. NO. 201+103670R.P.R.D.C.C.T.TO BE ABANDONED
LOT 3. BLOCK ADEvroN WEST JOlvrVEMruRE ADDITIONDOC. 20204P.R.D,C.T.
-\..... qI\ga\1
C saETaMIr iN FEET
PKFNORTHWEST CORNER OF
=n=v UHnnHBnannln= an== q=n•nW=HHBUB•HB •H=M=nM••HB W=ln==•HllPW=••=
LEGEND
==HHlIB===nHB=H=H•
P.0.B===n W=== MargIn
P.0.8. = POINT OF BEGINNING
w==In MMHgIn===B anBHW A P ••• n=•RIn == ==M M=•n• =+ WHIle
: : S88.45'51"W 392,87'
tRSC = 5/8- IRON ROD W/ ’'KHA"CAP SET
Pta PKF IRFC = IRON ROD WITH PLASTIC
FOREST MEADOW PHASE 2
cmb?£bfgyEi>IIL agb:sq
mmr' .'-' -sCITY OF DENTON. TEXASINST NO. 2014.91669
0.R.D.C T.
@ CAP FOUNDPKF = PK NAIL FOUND
(VARIABLE WIDTH R.O.W.)MNS = MAG NAIL SET0.R.D.C. T. = OFFICIAL RECORDS
\
OF DENTON COUNTY. TEXASP.R.D.C.T. = PLAT RECORDS OF
DENTON COUNTY, TFXAS
DRAINAGE EASEMENT PARTIAL
ABANDONMENT
J. FISHER SURVEY. ABSTRACT NO. 421
CITY OF DENTON, DENTON COUNTY. TEXAS FmPE1-,100' I SG I KHA I 03/IN2020
lxr•]BlgH=n=[B=•:LrIgTjrBug
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069316201 1 30F4
UNE TABLE
'.L12
L13
L14liS18'38'41"E L1533.53'
L16
38.33'L17
L1830.63'
S13'51'18"E 23.74'L19
L2022.52'
L2159.87'
S13'53'08'W
50.47'S31'21'21'W
90.75'S22'59'38'W
S40'09'OI'W I05.89'
SOO'44'31"E 71.88'
S80'48'33'W 19.67'
N06'06'43'W 133.68'
85.82‘N43'29’27'W
N03'23'54'W
N59'37'02"E 52.71
N25'05'06’'E
DRAINAGE EASEMENT PARTIALABANDONMENT
J. FISHER SURVEY, ABSTRACT NO. 421
CITY OF DENTON
DENTON COUNTY. TEXASSGUNAWAND PROFESSIONALLAND SURVEYOR NO. 6461
6160 WARREN PKVW., SUITE 210FRISCO. TEXAS 75034PH. 972.335-3580
syMana.gunawan@ .corrl
6461
d ANA 1 SG 1 KM 1 03/IN2020 1 069316201 1 40F4