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24-362ORDINANCE NO . 24-362 AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ABANDONMENT RELINQUISHMENT, AND QUITCLAIM OF 1) A O.106 ACRE TRACT AND A O.184 TRACT, BOTH AREAS BEING PORTIONS OF THE PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF DENTON BY ALLEGIANCE HILLVIEW, L.P., A NEW YORK LPvTITED PARTNERSHIP RECORDED BY COUNFY CLERK FEE NUMBER 2008-1 1630. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND 2 ) A 1.088 ACRE TRACT BEING A PORTION OF THE WATERLINE EASEMENT GRANTED TO THE CITY OF DENTON BY ALLEGIANCE H[LLVIEW, L.P., A NEW YORK LMrIED PARTNERSHIP RECORDED BY COUVFY CLERK FEE NUMBER 2008-11630, REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO HOME DEPOT U.S.A., INC., A DELAWARE CORPORATION; PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT, RELINQUISHMENT AND QUITCLAIM MADE HEREIN; PROVIDING FOR THE INDEMNIFICATION 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 Public Utility Easement granted to the City of Denton by Allegiance Hillview, L.P., a New York limited partnership recorded by County Clerk File number 2008-11630, Real Property Records, Denton County, Texas and the Waterline easement granted to the City of Denton by Allegiance Hillview, L.P., a New York limited partnership recorded by County Clerk File number 2008-11630, Real Property Records, Denton County, Texas (the “Subject Easements”); and WHEREAS, HOME DEPOT U.S. A., Inc., a Delaware corporation, (“Owner”), is the record abutting owner of the property subject to the Subject Easements, Special Warranty Deed recorded by County Clerk File Number 2022-143071, Real Property Records, Denton County, Texas; and WHEREAS, the Owner has requested the City to abandon, relinquish, and quitclaim the Subject Easements, as the Subject Easements encumber a portion of the Owners Lot, known as Lot lIR, Rayzor Ranch North Addition, County Clerk File Number 2023-365, Plat Records, Denton County, Texas (“Final Plat”) and restricts the Lot from being developed for its slated commercial anduse WHEREAS, the Owner, as required in the development process, has constructed public infrastructure improvements to provide the necessary public utility improvements for the development and has conveyed public easements (“New Easements”) by separate instrument and by Plat for which the new public improvements are located within; and WHEREAS, City Staff reviewed the request of the Owner and determined that the Subject Easements are 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 Easements be released, abandoned, and quitclaimed in their entirety as specified herein; and; WHEREAS, the dedication of the New Easements and infrastructure improvements have rendered the Subject Easements 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 Easements 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 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 Easements area was provided by the Owner and it lists the fair market value at Four Hundred Fifty Thousand, Three hundred One Dollar and 00/100 Dollars ($450,301.00); and WHEREAS, staff recommends releasing the Subject Easements tract at no cost to the Owner as the City acquired the easement at no cost, has no public infrastructure within the Subject Easements tract, and has no identified current or future use for the Subject Easements 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 Easements 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 quitciaimed 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 Easements 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 Three Thousand, Two Hundred Eighty- Six and 00/100 Dollars ($3,286.00) paid by the Owner and the further consideration described in Sections 4, 7 and 9, 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, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contained in in Exhibit B, which is attached hereto and made a part hereof for all purposes. 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 TnAT 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; (11) 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 FEDERAT Iq 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 Easements, 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 Easements 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 Easements 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. [Rest of Page intentionally left blank. Signatures to appear onfollowing page.] The motion to approve this ordinance,was made by 6. But and seconded motion to approve this ordinance was made by 1/it k ; By, J , the ordinance was passed and approved by thefollowing vote [ 6 - 6 ]: Aye J J Z t/ \/ -L 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: a PASSED AND APPROVED this the ilt~ d,y,f Merck , 2024. ed: HUg ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY:BnVanwLql eanfIlth. ae EXHIBIT A (Public Utility Easement and Waterline Easement Abandonments) I I Lb0 g 83 hI g N g f gIg FLa bblI C/) I LE g gI gP hE+9 LL I I l LI El SI qtgalI al dZ on0-) an n+b 11z-Z+ P.60ri V il) ! ! ! !: i g in a :£C) IC) bIZ : 1g b E S =HiTaZ =qI,IZ<a£ agaN>< aE 01 NOh. du 1 1) ida <V nB # ! i : H ba H unI <Id iD ZB ga (60 GREENWAY DRIVE R. O. W. ) qr fP)a al Fd A qr00 d C dLLac t \ ii C>\ ! ! ho ggE RIBgir/l /> B1 : a Cfla in aLar! a bC g ] ;i g p \ iF) i : 9 g E ! C)r) a(d0 I 1 I lg IP I i lb !' 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It is the intent of the foregoing to confirm and maintain and there is hereby reserved and excepted unto the City of Denton, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through, in, and across the abandoned area for each Utility for its respective Facilities located therein at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within the abandoned area without written consent of each affected Utility. Each Utility shall have the full right to remove and keep removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area. The relocation, removal or adjustment of any or all such Facilities, if made necessary by GRANTEE’S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE’S successors and assigns. Should GRANTEE’S relocation or removal of the Facilities require the obtaining of new easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE’S successors and assigns. If any of the Facilities (or relocations thereof) are allowed to remain on any part of the abandoned area, the easements and buildings restrictions provided herein shall remain thereon. Upon removal or relocation of all of the Facilities, any easements reserved or created herein relating to such removed or relocated Facilities shall terminate, and any building restrictions herein created shall cease.