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23-1120ORDiNANCE NO. 23-1120 AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT. RELrNQUISHMENT, AND QUITCLAIM OF A O.068 ACRE PUBLIC ACCESS AND FIRELANE EASEMENT GRANTED TO THE CITY OF DENTON BY KEN NEWMAN PROPERTIES.RECORDED BY COUVIY CLERK FEE NUMBER 2016-54570 378, REAL PROPERTYRECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOFTO M/I HOMES OF DFW LLC, A DELAWARE LIMITED LIABILITY COMPANY: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 OF THE 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 Access and Fire Lane Easement granted by Ken Newman Properties, recorded by County Clerk File number 2016-54570, Real Property Records, Denton County, Texas (the “Subject Easement”); and WHEREAS, M/1 Homes of DFW LLC., a Delaware limited liability company, (“Owner”), is the record abutting owner of the property subject to the Subject Easement, Special Warranty Deedrecorded by County Clerk File Number 2020-83708, Real Property Records, Denton County, Texas; and WHEREAS, the Owner has requested the City to abandon, relinquish, and quitclaim the Subject Easement, as the Subject Easement encumbers a portion of the Owners Lot, known as Lot 23, Block A, Woodmere Addition, County Clerk File Number 2021-54, Plat Records, Denton County, Texas (“Final Plat”) and restricts the Lot from being developed for its slated residentialanduse WHEREAS, the Owner, as required in the development process, has constructed publicinfrastructure improvements to provide the necessary public access improvements for the development and has dedicated right-of-way (“New right-of-way”) which has been approved by said Final Plat; and WHEREAS, City Staff reviewed the request of the Owner and determined that the Subject Easement is no longer necessary for any current or future public access project which will allow 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 right-of-way and infrastructure improvements have rendered the Subject Easement of no further use by the City; and WHEREAS, the Owner has requested the City to abandon, relinquish and quitclaim the Subject Easement in its entirety as it is no longer necessary; and WHEREAS, the City Engineer and Public Works staff have confirmed that the property has been developed in such a manner that the Subject Easement is no longer necessary to address previous public infrastructure improvements concerns on the property or for any current or future public access projects; 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 beabandoned are 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 Easement area was provided by the Owner and it lists the fair market value at Fourteen Thousand, One Hundred Fifteen and 00/100 Dollars ($14, 115.00); 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 the Subject 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 M/1 Homes of DFW LLC 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 tothe 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 SubjectEasement 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 ORDA[NS: SECTION 1. The recitations and finding set forth above are incorporated herein by reference. SECTION 2. That the City of Denton hereby abandons and relinquishes all of its right,title and interest in and to the tract of land 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 monetary consideration of the sum of Three Thousand, Two Hundred Eighty- Six and 00/100 Dollars ($3,286.00) paid by M/I Homes of DFW, LLC, and the further consideration described in Sections 7 and 9, the City of Denton does by these presentsrelease, abandon and quitclaim unto the said M/1 Home of DFW, LLC. 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 bindingupon the Owner, its heirs, successors and assigns. SECTION 6. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest the Governing Body of the City of Denton maylegally and lawfully abandon, relinquish and quitclaim. SECTION 7. TlIAT 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 OR PROPERTY THAT MAY ARISE OUT OF, OR BE OCCASIONED BY OR FROM: (1) THE USE ANDOCCUPANCY OF THE AREA DESCRIBED IN EXHIBIT A BY THE OWNER. ITSHEIRS, 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 HAZARDOUSSUBSTANCES ON OR AFFECTING THE AREA DESCRIBED IN EXHIBIT A, WHICHTHE OWNER, ITS HEIRS, SUCCESSORS AND ASSIGNS, AGREE TO UNDERTAKEAND COMPLETE IN ACCORDANCE WITH APPLICABLE FEDERAL. STATE ANDLOCAL LAWS AND REGULATIONS; AND (IV) THE ABANDONMENT, CLOSING,VACATION AND RELEASE BY THE CITY OF DENTON OF THE AREA SET OUT INEXHIBIT A. THE OWNER, ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBYAGREE TO DEFEND ANY AND ALL SUITS, CLAIMS, OR CAUSES OF ACTIONBROUGHT AGAINST THE CITY OF DENTON ON ACCOUNT OF SAME, ANDDISCHARGE ANY JUDGMENT OR JUDGMENTS THAT MAY BE RENDEREDAGAINST THE CITY OF DENTON IN CONNECTION THEREWITH. FOR PURPOSESHEREOF, “HAZARDOUS SUBSTANCE” MEANS THE FOLLOWING: (A) ANY“HAZARDOUS SUBSTANCES” UNDER THE COMPREHENSIVE ENVIRONMENTALRESPONSE, COMPENSATION, AND LIABILITY ACT, 42 U.S.C. SECTION 9601 ETSEQ., AS AMENDED; (B) ANY “HAZARDOUS SUBSTANCE” UNDER THE TEXASHAZARDOUS SUBSTANCES SPILL PREVENTION AND CONTROL ACT. TEX.WATER CODE, SECTION 26.261 ET SEQ., AS AMENDED; (c) PETROLEUM ORPETROLEUM-BASED PRODUCTS (OR ANY DERIVATIVE OR HAZARDOUSCONSTITUENTS THEREOF OR ADDITIVES THERETO), INCLUDING WITHOUTLIMITATION, FUEL AND LUBRICATING OILS; (D) ANY “HAZARDOUS CHEMICALS” OR “TOXIC CHEMICALS” UNDER THE OCCUPATIONAL SAFETYAND HEALTH ACT, 29 u.s.c. SECTION 651 ET SEQ., AS AMENDED; (E) ANY“HAZARDOUS WASTE” UNDER THE RESOURCE CONSERVATION ANDRECOVERY ACT, 42u.s.c. SECTION 6901 ET SEQ., AS AMENDED; AND (F) ANY“CHEMICAL SUBSTANCE” UNDER THE TOXIC SUBSTANCE CONTROL ACT, 15u.s.c. SECTION 2601 ET SEQ., AS AMENDED. REFERENCES TO PARTICULAR ACTSOR CODIFICATIONS IN THIS DEFINITION INCLUDE ALL PAST AND FUTURE AMENDMENTS THERETO, AS WELL AS APPLICABLE RULES AND REGULATIONSAS NOW OR HEREAFTER PROMULGATED THEREUNDER. SECTION 8. 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 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 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, 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 10, 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 remainderof the ordinance. SECTION 11. This ordinance shall become effective immediately upon its passage and approval. [Rest of Page intentionally left blank. Signatures to appear onfollowing page.] :":„:yI::lP ::""itV s qrdiflance was made by Br'IA th' K and seconded motion to approve this following vote [ 7 - O ]: he if tei , e was passed and approved by theordinance was made by h. Aye-,/ J ,/ 1/ J ,/ 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: PASSED AND APPROVED this the al day of J b) A IL 2023 CY ATTEST:JESUS SALAZAR, INTERIM CITY SECRETARY b\\\\t 1111111 APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY B,„j„..,„ Kla„y,fu. Sf HiWB=H::===“ BN : :==1 ==TITrH;}h+ 1c#Md e NEn n Inm DESCRIPTION 0.068 of an Acre EXHIBIT A BEING a tract of land situated in the C. Poullalier Survey, Abstract No. 1006, City of Denton. Denton County, Texas,and being a portion of a called 6.71 acri tract of land described in the deed to Ken Newman Properties, LLC, asrecorded in Instrument No, 2007-9651 3. Official Records of Denton County, Texas. and being more partculadydescribed as follows: BEGINNING at a point for corner on the northerly line of said called 6.71 acre tract, and on the southerly line of acalled 48.070 acre tract of land described in the deed to Teasley Trails, LLC. as recorded in Instrument No 2013-94216, said Official Records of Denton Couhty, Texas, and from which a fence comer post found at are-entrant corner on the northerly line of said called 6.71 acre tract bears North 89'11'30’ West, a distance of 142.06feet THENCE South 89'1,1'30" East, along the ndrtherly line of said called 6.71 acre tract. and along the southerly line of said called 48.070 acre tract, a distance of 38.50 feet to a point for corner; THENCE South 0'01'57' Fast, departing the northerly line of said called 6,71 acre tract and the southerly line of saidcalled 48.070 acre tract, crossing said called 6.71 acre tract, a distance of 5.13 feet to a point at the beginning of a non-tangent curve to the right; THENCE continuing crossing said cq.IIed 6.71 acre tract, with said non-tangent curve to the right, having a radius of40.00 feet, a delta pngle of 189'14'23", an arc distance of 132.11 feet, and a chord bearing North 85'30'07--West1 adistancd of 79.74 feet to a point at the end of said cuive, being on the northedy line of said called 6.71 acre tract andthe southerly line of said called 48.070 acre traet; THENCE South 89'1 1'30'' East, a distan9e of 41.00 feet to the POINT OF BEGINNING and containing 0.068 acre(2,975 square feet) of land, more or less. NOTE: Bearing system based on the Texas Coordinate System of 1 983, North Central Zone (4202), North American Datum of 1983. EXHIBIT ATEMPORARY PUBLIC ACCESS EASEMENT (R=40')C. POULLALIER SURVEY ABSTRACT NO. 1006CITY OF DENTON DENTON COUNTY, TEXASMICHAEL MARX REGISTERED PROFESSIONALLAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200FRISCO. TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com MICHAEL B , MAR; &Z#c:ie 0JDe 8 jl :LU<bJ20= i C. POULLAUER SURVEYABSTRACT NO. 1006 FLrruRETEASLEY'TRA'ILSPHASE 1 I 14 W IRF CALLED 48.070 ACRESTEASLEY TRAILS, LLCINST. NO. 201B942160.R.D.C.TI I15 POINT OF BEGINNING s89'1 1'30"g 38.50' .„,„..,/7 N16'a3'E. r.a FNC. COR N89'.1 IBO"W 142.06.moWH .SO'Of'57''E 5;13' I 189'14'23" R=40.OO' L=132.11'CB=N85'30'07'W I I C) :1 C=79.74'oKI R t?con,ggZi b to gO g 5eur)daIZ(j1'U)Z CALLED 6.71 ACRESKEN NEWMAN PROPERTIES. LLCINST. NO. 2007-96513O.R. D.C.T. I I NOTE: Bearing system.based on theTexas Coordinate System of 1983,North Central Zone (4202), NorthAmerian Datum of 1 983. LEGENDA ;CENTRAL ANGLE P.0.C. = Polvr OF COMMENCINGP.0.8. = POINT OF BEGINNINGIRSC = 5/8" IRON ROD W/ "KHA" CAP SErIRFC = IRON ROD W/CAP FOUNDIPF = IRON PIPE FOUND 0.R.D.C.T. = OFFICIAL RECORDS.DENTON COUNTY. TEXAS EXHIBIT BTEMPORARY PUBLIC ACCESS EASEMENT (R=40')C. POULLALIER SURVEY ABSTRACT NO. 1006CITY OF DENTON DENTON COUNTY, TEXASMICHAEL MARXREGISTERED PROFESSIONAL LAND SURVEYOR NO. 51815750 GENESIS COURT, SUITE 200FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com MICHAEL B, MARX!:.-;::::"Mm la = 601 MIl-mIT–EFT;imJEG I ntA I llnQr2014 1 068517066 Mr 2 OF 2 M©:HEWW7ni166nO MG ID EASEM£NT.DVK3