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22-1851ORDiNANCE NO. 22-1851 AN ORDrNANCE OF THE CITY OF DENTON ABANDONING, RELEASING, ANDVACATING A 0.084 ACRE PORTION OF THE PUBLIC UTILITY EASEMENT GRANTEDTO THE CITY OF DENTON BY REGAL PROPERTIES, RECORDED IN VOLUME 625 PAGE 378, DEED RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIMTHEREOF TO WESTDALE DENTON PHASE 2, LP, A TEXAS LWIITED PARTNERSHIP:PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT,RELINQUISHMENT AND QUITCLAIM MADE HEREIN; PROVIDING FOR THEINDEMNIFICATION OF THE CITY OF DENTON AGAINST DAMAGES ARISING OUT OFTHE ABANDONMENT HEREIN; PROVIDING FOR THE CONSIDERATION TO BE PAIDTO THE CITY OF DENTON; PROVIDING FOR SEVERABILITY AND AN EFFECTIVEDATE WHEREAS, the City of Denton (“City”) is the holder of a Public Utility Easement granted by Regal Properties, recorded in Volume 625 Page 378, Deed Records of Denton County, Texas (the “Subject Easement”); and WHEREAS, Westdale Denton Phase 2, LP, a Texas limited partnership, (“Owner”), is the record abutting owner of the property subject to the Subject Easement, Special Warranty Deedrecorded by County Clerk File Number 2021-20490, Real Property Records, Denton County, Texas; and WHEREAS, the Owner has requested the City to abandon, relinquish, and vacate a 0.084 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 public infrastructure improvements to provide the necessary public improvements for the development and has dedicated easements (“New Easement”) which has been approved by plat shown in County Clerk File Number 2019-386, Plat Records, Denton County, Texas; and WHEREAS, City Staff reviewed the request of the Owner and determined that no other public utilities are located within the Subject Easement and the Subject Easement is no longer necessary for any current or future public utility project which allows 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 dedication of the New Easements 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 public 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 public infrastructure improvements concerns on the property or for any current or future public utility 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 Subject Easement area was provided by the Owner and it lists the fair market value at $37,400.00 “Thirty-Seven Thousand Four HundredDollars and No Cents”; and WHEREAS, staff recommends releasing the Subject Easement tract at no cost to the Owner as the City acquired the easement at no cost, has not installed any public infrastructure within theSubject Easement tract, and has no identified current or future use for the Subject Easement 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 Subject Easement area to the Owner, and is of the opinion that, subject to the terms and conditions hereinafter provided, Subject Easement area is no longer needed for municipal use, and same should be abandoned relinquished and quitclaimed to the Owner as hereinafterprovided, 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 Subject Easement 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 Subject Easement, that 0.084 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. Page 2 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. 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 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 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 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 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. Page 3 SECTION 9. 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 10. This Ordinance shall become effective immediately upon its passage and approval . "“ "":" “ “::" T” '"""“ "” "”' '“ g.„„ 13,.k m seconded by Je ise UAV ' S , the ordinance was passed and approved bythe following vote K - A : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 :VACANT, District 4 : Brandon Chase NClcGee,At Large Place 5 : Chris Watts, At Large Place 6: J7JL U/ PAqqRr> Axrr) APPRnVrr) thi, th, ajS+ d,v .f F,bev,. y J 2023. KTmmraA–f6R b\\\tlIFIJlfll ATTEST: ROSA RIOS, CITY SECRETARY a a?, _£7L;(aD APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY::Mjn..h Vt3aRrrN. ff mmPM==f:mr.£rruIB Page 4 EXHIBIT A Page a3 BEING a 3,665 square foot strip of land situated in the City of Denton, in the Eugene Puchalski Survey, Abstract No. 996 of Denton County, Texas and being over and across a part of Lot 2, Block 1 of Westdale Carriage Square Addition, an addition to the City of Denton, Texas, according to the Replat thereof, recorded in Document No. 2019-386, Plat Records, Denton County, Texas (P.R.D.C.T.) and as described in a Special Warranty Deed to Westdale Carriage Square, Ltd., recorded in Volume 5388, Page 3491. Deed Records, Denton County, Texas (D.R.D.C. T.) and said strip being a part of that original 10’ wide sanitary sewer easement to the City of Denton, recorded in Volurne 625, Page 378, D.R.D.C. T. and said strip of land being more particularly described by metes & bounds asfollows BEGINNING at the most southerly sdutheast corner of the above described Lot 2, Block 1, being a Texas Department of Transportation (TxDOT) bronze disk found in concrete on the northerly right-of- way line of Interstate 35E (variable width right-of-way at this point); THENCE: North 61 deg. 20 min. 34 sec. West, along the common line of said Lot 2, Block 1 and said Interstate 35E, a distance of 76.84 feet to a point fQr corner of a non-tangent curve to the left, having a radius of 7,816.80 feet, a central angle of 0 deg. 24 min. 32 sec. and a chord that bears North 59 deg.37 min. 08 sec. West - 55.78 feet; THENCE: Continuing along said common line and along said curve to the left, an arc distance of55.79 feet to a point for corner at the intersection of the south line of said Lot 2, Block 1 and the southwesterly line of the above described 10’ wide sanitary sewer easement and said point also being the beginning of a non-tangent curve to the right, having a radius of 205.00 feet, a central angle of 30 deg. 06 min. 59 sec. and a chord that bears North 28 deg. 39 min. 25 sec. West - 106.52 feet; THENCE: Departing from said Interstate 35E, over & across said Lot 2, Block 1 and along the southwesterly line of said sanitary sewer easement and with said curve to the right, an arc distance of 107.75 feet to a point for a reverse curve to the left, having a radius of 195.00 feet, a central angle of29 deg. 19 min. 57 sec. and a chord that bears North 28 deg. 15 min. 54 sec. West - 98.74 feet; THENCE: Continuing along the southwesterly line of said sanitary sewer easement and with said curve to the right, an arc distance of 99.83 feet to a point for corner at the end of said curve; THENCE: North 42 deg. 55 min. 53 sec. West, continuing across said Lot 2, Block 1 and along the southwesterly line of said sanitary sewer easement, a distance of 85.55 feet to a point for corner on the west line of said Lot 2, Block 1 and the east right-of-way line of S. Avenue C (80’ wide right-of-way); 1 of 3 THENCE: North 00 deg. 15 min. 35 sec. West, along the common line of said Lot 2, Block 1 and said S. Avenue C, a distance of 14.75 feet to a point for the northwest corner of said sanitary sewer easement; THENCE: South 42 deg. 55 min. 53 sec. East, departing from said S. Avenue C, over and across said Lot 2, Block 1 and along the northeasterly line of said sanitary sewer easement, a distance of 96.39 feet to a point for corner at the beginning of a curve to the right, having a radius of 205.00 feet, a central angle of 29 deg. 19 min. 57 sec. and a chord that bears South 28 deg. 15 min. 54 sec. East - 103.81 feet; THENCE: Continuing across said Lot 2, Block 1, along the northeasterly line of said easement an with said curve to the right, an arc distance of 1(A.95 feet to a point of reverse curve to the left, having a radius of 195.00 feet, a central angle of 58 deg. 39 min. 55 sec. and a chord that bears South 42 deg. 55 min. 53 sec. East - 191.05 feet; THENCE: Continuing across said Lot 2, Block 1, along the northeasterly line of said easement an with said curve to the left, an arc distance of 1 99.66 feet to a point of reverse curve to the right, having a radius of 205.00 feet, a central angle of 1 1 deg. 04 min. 26 sec. and a chord that bears South 66 deg.43 min. 37 sec. East - 39.56 feet; THENCE: Continuing across said Lot 2, Block 1, along the northeasterly line of said easement an with said curve to the right, an arc distance of 39.62 feet to a point for corner on the southeasterly line of said Lot 2, Block 1 and the northerly rightof-way line of the above mentioned Interstate 35E; THENCE: South 60 deg. 38 min. 41 sec. West, along the common line of said Lot 2, Block 1 and said Interstate 35-E, a distance of 10.96 feet to the POINT OF BEGINNING and containing 3,665 squarefeet or 0.084 acres of land. Note: The Bearings shown hereon are Geodetic and were derived from GPS observations and rfreasurements fromThe City of Denton Control Monuments #2011, #2012 and #2014 and are based on the Texas State PlaneCoordinate System, North Central Zone (4202), NAD-85 projection. An Easement Exhibit of equal date accompanies this metes & bounds description. OF bi87 Prepared Under My Hand & SealThis 8th Day of December, 2021 L. H. RINGLEY701 ='. Lawrence H. Ri4efR.P.L.S State of Texas, No. 4701 2 of 3 nG _WLL£lIJ8£J]BS nOlr9 ToBISTo m5T6 £W©=AEl£[iDIgHREt6•IEm59'37'Q A BTo a Ifv IB , -–-\ rmmE TH Vn85n66-43IT7g 1IS: i :1Tg 1 VESTVAIE CARRIAGE SQUARE,Clrigbral 8.278 AcresDoc. No. 2003-124769D.RD.C.T. LTD I i I I I I a 'g InT 2. BLOCK IVESTDAIE CARRIAGE SQUARE ADDITIONDoc. No. a019–386P.R.D.C.T.rd I I I I I I I I iL ! ! g :a$ Seale: 1'=60' la’WIDE CiTY OF DENTON Public Utility EasementABANDONh£ENr 3,665 Sq, FeetO.084 Acres gP C) ;g'\ VB-\\•B98 E)aiiBiT A Mn PAGE 3 OF 3 LEgEND P.0.B. = PaIM OF BEGINNINGCab. = CabinetVol. = VolumePg. = PageDoc. No. = Document NumberInst. No. = 1nstrument Nurrtber D.R.D.C.T. = Deed Records, Denton County, TexasP.R.D.C.T. = Plat Records, Denton County, TexasCM = Controlling MonumentIRF = Iron Rod FoundR.O.W. = Right of WayTxDOT eRM = Texas Department of TransportationBrass R.O.W. Monument A\ RINGLrf RIN6LEY & ASSOCIATES. INC The Bearings shown hereon are Geodetic and were derived from GPS ab$ervaUon8and measurements from The City of Denton Control Monuments #201 1, #2012 and#2014 and are based on the Texas State Plane Coordinate System, North CentralZone (4202), NAn–85 projection. Dravn b'M Date 12/09/2021 Scale 1- = 60’ A metes & bounds description of equal date accompanies this EasementExhibit.19003 o