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/
\/
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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)
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EXHIBIT B
ADDITIONAL ABANDONMENT PROVISIONS
That as a condition hereof, this abandonment is subject to any utilities or communication facilities, including
without limitation water and wastewater lines, gas lines, and storm sewers, (“Facilities”) presently located within
the abandoned area described in Exhibit “A”, owned and/or operated by the City of Denton or any utility or
communications company, public or private, (“Utility”) and to the rights of any Utility for the use of the
abandoned area for its Facilities. 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.