23-747 INCOMPLETEFILE REFERENCE FORM 1 23'7q
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ORDINANCE NO. 23-747
AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT, RELEASE
AND QUITCLAIN4 OF 1) A PORTION OF AUDRA LANE RIGHT-OF-WAY LOCATED BETWEENTHE EAST LINE OF LOOP 288 AND THE NORTHWEST LINE OF PROMINENCE PARKWAY AND
2) AN ELECTRIC EASEMENT CONVEYED TO TEXAS POWER & LIGHT COMPANY RECORDEDIN VOLUME 264 PAGE 149, DEED RECORDS, DENTON COUNTY, TEXAS AND ASSIGNED TOTHE CITY OF DENTON IN VOLUME 756 PAGE 669, DEED RECORDS, DENTON COUNTY,TEXAS, ALL LOCATED IN THE W. LLOYD SURVEY, ABSTRACT NO. 774, WITHIN THE CITYAND COUNTY OF DENTON, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO USALLIANCE PROMINENCE VENTURE, LLC; PROVIDING FOR THE TERMS AND CONDITIONSOF THE ABANDONMENT AND QUITCL AIM HEREIN; PROVID[NG FOR THE RESERVATIONAND CONVEYANCE OF A NEEDED PUBLIC UTILITY EASEMENT THEREIN TO THE CITY OFDENTON; PROVIDING FOR THE [NDEMNIFICATION OF THE CITY OF DENTON AGAINSTDAMAGES ARISING OUT OF THE ABANDONMENT HEREIN; PROVIDING FOR BARRICADING;PROVIDING FOR 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 the right-of-way of Audra Lane assumed
by the City by annexation ordinance No. 1965-43 and the Electric Easement granted by O.R. Carlton and
wife Charlotte Carlton to Texas Power & Light Company, recorded in Volume 264 Page 149, Deed
Records, Denton County, Texas, and assigned to City of Denton from Texas Power & Light Company, aTexas corporation, recorded in Volume 756 Page 669, Deed Records, Denton County, Texas; and
WHEREAS, JNJ Prominence Square, LP (“JNJ”) acquired the parcel adjacent to Audra Lane by
Special Warranty Deed filed as Document Number 2009-27978 in the Deed Records of Denton County,Texas; and
WHEREAS, JNJ, submitted an Abandonment application to abandon, release, and quitclaim asection ofAudra Lane right-oGway, and an electric easement assigned to the City; and
WHEREAS, while the Abandonment application was pending, JNJ subsequently conveyed aportion of the subject property to US Alliance Prominence Venture, LLC (“Owner”) County Clerk FileNumber 2022-29717, Real Property Records, Denton County, Texas; and
WHEREAS, US Alliance Prominence Venture, LLC, a Delaware Limited Liability Company, is
now the record abutting landowner of the property north of Audra Lane and north of Prominence Parkway
(“Landowner”); and
WHEREAS, the Landowner has requested the City 1 ) to abandon, release, and quitclaim the section
ofAudra Lane located between the east line of Loop 288 and the northwest line of Prominence Parkway,
being more specifically depicted in Exhibit “A,” attached hereto, being incorporated by reference and made
a part hereof (the "Road Abandonment Tract"), and requested the City 2) to abandon, release, and quitclaim
the electric easement conveyed to Texas Power & Light Company recorded in Volume 264 Page 149, Deed
Records, Denton County, Texas and assigned to the City of Denton in Volume 756 Page 669, Deed Records,Denton County, Texas, (the “Electric Easement”); 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
as street right-oGway or used by easement, fair market value has been determined, and the exchangetransaction 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 ownsthe underlying fee simple; and
WHEREAS, an independent appraisal of the Road Abandonment Tract and Electric Easement
was provided by the Landowner listing the fair market value at Fifty-Nine Thousand Nine Hundred
Eighty-Three and 00/100 Dollars ($59,983.00); and
WHEREAS, Henry Rife, as predecessor in interest, conveyed to the City 3.794 acres of land by a
Street Right-of-Way Deed for Prominence Parkway, as reflected in Document Number 2004-41072 in the
Deed Records of Denton County, Texas; and
WHEREAS, Prominence Parkway is currently serving the public interest and the City has received
all application fees associated with the requested abandonment, City staff recommends that Landowner be
allowed to utilize and receive credit for the previous Abandonment application submitted by JNJ and for
the previous dedication of Prominence Parkway by Henry Rife as consideration for this transaction; and
WHEREAS, the City Engineer, Public Works, and Denton Municipal Electric staff have
confirmed that the property has been developed in such a manner that the Road Abandonment Tract and
Electric Easement are no longer necessary to address previous road infrastructure and electrical
improvements concerns on the property or for any current or future public road or electric project; and
WHEREAS, the City Council of the City of Denton, acting pursuant to law and upon the request
and petition of US Alliance Prominence Venture, LLC, is of the opinion that the best interest and welfare
of the City will be served by the abandonment, release and quitclaim of the City of Denton’s right, title andinterest in and to the subject Road Abandonment Tract and Electric Easement area to US Alliance
Prominence Venture, LLC, and is of the opinion that, subject to the terms and conditions hereinafter
provided, the Road Abandonment Tract and Electric Easement areas are no longer needed for municipal
use or public access, and same should be abandoned relinquished and quitclaimed to the Owner ashereinafter provided, for consideration hereinafter stated; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS :
SECTION 1 The recitations and finding set forth above are incorporated herein by reference.
SECTION 2. The following real property interests held by the City of Denton are partially
abandoned, released, and quitclaimed:
a)
b)
The section of Audra Lane right-of-way assumed by the City by annexation ordinance No. 1965-
43, between the east line of Loop 288 and the northwest line of Prominence Parkway being more
specifically described in Exhibit “A,” attached hereto and made a part hereof; and
Electric Easement granted by O.R. Carlton and wife Charlotte Carlton to Texas Power & Light
Company, recorded in Volume 264 Page 149, Deed Records, Denton County, Texas, and assigned
to City of Denton from Texas Power & Light Company, a Texas corporation, recorded in Volume
756 Page 669, Deed Records, Denton County, Texas,
The City hereby retains a Public Utility Easement over the same Audra Lane right-of-way as
depicted by Exhibit B and further described in Section 6 of this ordinance.C)
SECTION 3 . That for and in monetary consideration of the sum of Six Thousand Five Hundred
Seventy-Two Dollars and 00/100 Dollars ($6,572.00) paid by US Alliance Prominence Venture, LLC, and
the further consideration described in Sections 6, 7, 8, 9 and 10, the City of Denton does by these presents
release, abandon and quitclaim unto the said GRANTEE.
SECTION 4. That the abandonment, release 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 Landowner, its heirs, successors and assigns.
SECTION 6. That as a condition of this abandonment and as a part of the consideration for the
quitclaim made herein, US Alliance Venture, LLC shall convey a Public Utility Easement to the City of
Denton, within 30 days of the effective date of this ordinance for the area over Audra Lane right-of-way
provided in the form instrument more particularly described in Exhibit “C” attached hereto and made a
part hereof for all purposes.
SECTION 7. That as a condition of this abandonment and as a part of the consideration for
the release made herein, US Alliance Venture, LLC shall, immediately following the effectivenessof this ordinance, close, barricade and/or place signs in the area described in Exhibit A in
accordance with detailed plans approved by the Director of Department of Development Services
US Alliance Venture, LLC responsibility for keeping the area described in Exhibit A closed,
barricaded and/or the signs in place shall continue until the street improvements and intersectionreturns are removed by US Alliance Venture, LLC, its heirs, successors and assigns, to thesatisfaction of the Director of Department of Development Services.
SECTION 8. THAT AS A CONDITION OF THIS ABANDONMENT AND AS A PART
OF THE CONSIDERATION FOR THE QUITCLAIM TO THE US ALLIANCE VENIURE, LI&ITS HEIRS, 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 OR PROPERTYTHAT MAY ARISE OUT OF, OR BE OCCASIONED BY OR FROM: (1) THE USE ANDOCCUPANCY OF THE AREA DESCRIBED IN EXHIBIT A BY THE US AT IT IANCE VENTURE,TIC , ITS HEIRS, SUCCESSORS AND ASSIGNS; (I1) THE PRESENCE, GENERATION,SPILLAGE, DISCHARGE, RELEASE, TREATMENT OR DISPOSITION OF ANYHAZARDOUS 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 THEOWNER, ITS HEIRS, SUCCESSORS AND ASSIGNS, AGREE TO UNDERTAKE ANDCOMPLETE IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND LOCALLAWS AND REGULATIONS; AND (rv) THE ABANDONMENT, CLOSING, VACATION ANDRELEASE BY THE CITY OF DENTON OF THE AREA SET OUT IN EXHIBIT A. THE US
ALLIANCE VEBWURE, LLC, ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREE TODEFEND ANY AND ALL SUITS. CLAIMS, OR CAUSES OF ACTION BROUGHT AGAINSTTHE CITY OF DENTON ON ACCOUNT OF SAME, AND DISCHARGE ANY JUDGMENT ORJUDGMENTS 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 THECOMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LLABILITYACT, 42 u.s.c. SECTION 9601 ET SEQ., AS AMENDED; (B) ANY “HAZARDOUSSUBSTANCE” 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 ORHAZARDOUS CONSTITUENTS THEREOF OR ADDITIVES THERETO), INCLUDINGWITHOUT LIMITATION, FUEL AND LUBRICATING OILS; (D) ANY “HAZARDOUSCHEMICALS” OR “TOXIC CHEMICALS” UNDER THE OCCUPATIONAL SAFETY AND
HEALTH ACT, 29 u.s.c. SECTION 651 ET SEQ., AS AMENDED; (E) ANY “HAZARDOUSWASTE” UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT, 42 U.S.C.
SECTION 6901 ET SEQ., AS AMENDED; AND (F) ANY “CHEMICAL SUBSTANCE” UNDERTHE TOXIC SUBSTANCE CONTROL ACT, 15 u.s.c. SECTION 2601 ET SEQ., ASAMENDED. REFERENCES TO PARTICULAR ACTS OR CODIFICATIONS IN THISDEFINITION INCLUDE ALL PAST AND FUTURE AMENDMENTS THERETO, AS WELL ASAPPLICABLE RULES AND REGULATIONS AS NOW OR HEREAFTER PROMULGATEDTHEREUNDER.
SECTION 9. The City Manager, or designee, is authorized to execute a quitclaim deed
document evidencing the abandonment of the Road Abandonment Tract and Electric Easement, suitable
for recordation in the Real Property Records of Denton County, Texas.
SECTION 10. Notwithstanding anything to the contrary contained in this ordinance, the City
of Denton retains and reserves a Public Utility Easement, any and all easements, rights of way, and any
other rights or interests, other than the areas being 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 anyother manner or means, in or to lands in which the subject right-of-way or easement may cover,
encumber, include, cross, or overlap.
SECTION 1 1. 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 theordinance.
SECTION 12. This ordinance shall become effective immediately upon its passage and approval.
[Rest of page intentionally left blank.Signatures to appear on the following page]
The motion tp approve this ordinance was made by
f}.t 'bt r J (-i' Jjf '4 k , the ordin'n';
(and seconded by
was passed and approved by the following vote a\r is LJ6tt S
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the 16+L dayof f'lay _, 2023.
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, INTERIM CITY SECRETARY L\\111111
BdB
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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EXHIBIT B
BEING a 0.510 acre aut of land Im&ted in the William Lloyd Survey, Abstract No. 74, City of Denton, Ihnton
County, Texas, bing part of aca]led 59352 mm tract descd bd in Special Warranty ind with Vender’s Lim to JNJ
Prominence Square, LP as recorded in Instrument No. 20(B-27978, Official Records Denton County Texas (ORDW
and part of that called 13.812 acre but dewdbcd in Special WarT8nty Deed with Vender’s Lien to Gh@waInvestments, LLC. as molded in lkxumart No. 2016-163375, ORDCT, said 0.510 acre parwl tning more
particularly dwcrnnd as follows:
BEGINNING at a found Texas Department of Transport8don Monument on the east right of way line for State
Higrway Loop 288 (variable width right of way) for the southwcst€dy corner of said JNJ Prominenee Square tract
and on the northerly line of said 13.812 mres, being the beginning of a curve to the left;
THENCE northerly with said right of way line and along the arc of said curve to the left, having a cenad angle of
OO'09’21 ”, a radius of 5829.74 feet, an arc laIgth of 15.85 feet, and a chord of North oi '47’01” East, 15.85 feet, to aPOINr FOR CORNER;
THENCE North 89'’40’15” East 1%Ying said right of way line, a distance of 100.00 feet, to a POINT FOR CORNER;
THENCE South (Xy16’58” East, a distance of 4.86 feet, to a POINT FOR CORNER
THENCE North 8P43'02” East leaving said right of way line, a disurrce of 956.35 feet, to a POINT FOR CORNER;
THENCE South OO'’19'45” East, a distance of 1021 feet to a found 5/&inch iron ml with cap marked “ADAMS
SURVEYING COMPANY LLC on the northerly right of way line for Prominence Parkway (73-foot right of way),
and being on the arc of a curve;
THENCE with a non-tangent curve to the left, having a central angle of 1 1'41’07, a radius of 482.50 feet, an arc
length of 98.40 feet, and a chord of South &3'49’41” Wes b 98.23 feet to a POINT FOR CORNER;
THENCE South 8r40' IS” West, a distance of 999.63 feet to a K)INT FOR CORNER on the curving easterly right
of way for Loop 288;
THENCE with said right of way line and a curve to the left, having a un&d angle of CXy05’ST, a radius of 5,789.74
fed, an arc length of 10.02 fe& and a chord of North 03'06’ 10” East, 10.02 feel to a K)INT FOR CORNER;
THENCE North 89'40' IS”POINt OF BEGINNiNG oontaining 0.5 10 acre of land, more
Paul Hu
RPLS No. 1942
Adams Surveying CompanyASC No. 21024
EXHIBIT B
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