24-361ORDINANCENO. 24-361
AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT,
RELINQUISHMENT, AND QUITCLAINI OF A O.784 ACRE PORTION OF AN ELECTRIC
EASEMENT GRANTED TO BRAZOS RIVER TRANSMISSION ELECIRIC COOPERATIVE. M"
BY COUVIYCLERKFLENUMBER 19494017, DEED RECORDS, DENTON COUNTY, TEXAS
AND ASSIGNED TO THE CITY OF DENTON BY COUWY CLERK FEE NUMBER 199G9563,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR THE
QUITCLAIM THEREOF TO MAYHILL ROAD ASSOCIATES, LLC, A TEXAS LIMITED
LIABILITY COMPANY; PROVIDING FOR THE TERMS AND CONDITIONS OF THE
ABANDONMENT, RELINQUISHMENT AND QUITCLAIM MADE HEREIN; PROVIDING
FOR THE [NDEMNIFICATION OF THE CITY OF DENTON AGAINST DAMAGES ARISING
OUT OF THE ABANDONMENT HEREIN; PROVIDING FOR THE CONSIDERATION TO BE
PAID TO THE CITY OF DENTON; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE
WHEREAS, the City of Denton (“City”) is the holder of the Electric Easement granted to
Brazos River Transmission Electric Cooperative, Inc., recorded by County Clerk File number
1949-4017, Deed Records, Denton County, Texas and assigned to the City of Denton by County
Clerk File Number 1990-9563, Real Property Records, Denton County, Texas (the “Subject
Easement”); and
WHEREAS, Mayhill Road Associates, LLC, a Texas limited liability company, (“Owner”),
is the record abutting owner of the property subject to the Subject Easement, Special Warranty Deed
recorded by County Clerk File Number 2021-159238, 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 property slated for
a 411 unit multi-family development, known as Lot 1 and 2, Block 1, Mayhill Addition, City of
Denton Final Plat Project number FP23-0031 (“Final Plat”) and restricts the Lot from being
developed for its planned multi-family development; 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 electric 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 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 Denton Municipal Electric Staff have confirmed that offsite electrical
improvements have been constructed in such a manner that the Subject Easement is no longer
necessary to address the previous public electrical improvements concerns on the property or is
required for any current or future public electrical 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 be abandoned
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 Eighty-Six Thousand One Hundred Three and 00/100
Dollars ($86, 103.00); and
WHEREAS, staff recommends the abandonment, relinquishment and quitclaim of the
Subject Easement tract to the Owner at the fair market value of at Eighty-Six Thousand One
Hundred Three and 00/100 Dollars ($86,103.00) as the City acquired the easement and other
electrical improvements in 1990 from Brazos River Transmission Electric Cooperative using
Electric Bond funds of the Five-Year Capital Improvement Plan, and with this consideration the
Subject Easement has no public infrastructure within it, 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 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 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 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 Eighty-Six Thousand
One Hundred Three and 00/100 Dollars ($86,103.00) to be paid by the Owner and the further
consideration described in Sections 4, 7 and 10, the City of Denton does by these presents release,
abandon and quitclaim unto the said Owner.
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 the abandonment, relinquishment and quitclaim provided for
herein shall extend only to that interest the Governing Body of the City of Denton may
legally and lawfully abandon, relinquish and quitclaim.
SECTION 7. 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: (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 OR DISPOSITION OF ANY
HAZARDOUS 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
THE OWNER. ITS HEIRS. SUCCESSORS AND ASSIGNS, AGREE TO UNDERTAKE
AND COMPLETE IN ACCORDANCE WITH APPLICABLE FEDl=RAIls 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, 42u.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 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. That the City Secretary is hereby authorized and directed to certify a copy of
this ordinance for recordation in the Deed Records of Denton County, Texas, which certified copy
shall be delivered to the Director of Development Services, or designee.
SECTION 10. 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 11. 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 the ordinance.
SECTION 12. This ordinance shall become effective immediately upon its passage and
approval.
[Signatures to appear on following page .]
The motion to approve this ordinanqe was made by B. Beal and seconded motion to approve this
ordinance was made by Vfeb: By, J , the ordinance was passed and approved by the
following vote [ X - IL ]:
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 II F- day of Ar al 2024.
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
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