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Home My WebLink About1998-070ORDINANCE NO q Q-Dr? AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON A 50' PUBLIC STREET EASEMENT CONVEYING TO THE CITY OF CORINTH THE RIGHT TO USE 1148 ACRE OF THE ABANDONED RAILROAD RIGHT-OF-WAY TO BE USED FOR THE DENTON BRANCH RAIL/TRAILS PROJECT FOR THE CONSTRUCTION OF BURL STREET WITHIN THE CITY OF CORINTH, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute on the behalf of the City of Denton, a 50' public street easement conveying to the City of Corinth the right to use 1148 acre of the abandoned railroad nght-of-way to be used for the Denton Branch Rails/Trails Project for the construction of a Burl Street within the City of Corinth, a copy of such easement being attached hereto and made a part hereof for all purposes SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 1,t day of I Y& J GL , 1998 ,. �_ mot.✓. ATTEST JENNIFER WALTERS, CITY SECRETARY APLIVED ASTO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY L3 PU umNd WLW Doc m W fiinnvaWMblly 8trat F.aUnM Cwah PUBLIC STREET EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENT - COUNTY OF DENTON That the City of Denton, Texas a municipal corporation (Grantor), for and in consideration of the sum of [$0 12 per square foot for the property described in Exhibit "A"] Five -Hundred Ninety -Nine ($599 00) DOLLARS to the undersigned in hand paid by the City of Corinth, a municipal corporation (Grantee), the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto said Grantee, its successors and assigns, subject to the reversionary rights and privileges of Missouri Pacific Railroad Company (Railroad) and Grantor set forth in the Line Sale Contract between Railroad and Grantor of July 2, 1993, adopted pursuant to City of Denton Ordinance No 93-177 and limited by 16 U S C 1247 (d), section 8(d) of the National Trail System Act and subject to easements and licenses of record, interlocal agreements and Grantee's perpetual and superior right to maintain a trail system and expand the type and number of public utilities within grantee's jurisdiction to maintain and operate within the property described in Exhibit "A", an easement for the passage of vehicular and pedestrian traffic, together with the customary uses attendant thereto, over, under, through, across and along all that certain lot, tract, parcel of land described in Exhibit "A", attached hereto and made a part hereof by reference for all purposes The Grantee is acquiring this easement for the purpose of constructing, using and maintaining a public street at an appropriate grade and in accordance with such plans and specifications which will best serve the public while at the same time protecting the integrity of the existing railroad roadbed and accommodating the construction of the Denton Branch Rail/Trail Project as envisioned by the interlocal agreement between the City of Denton and the Texas Department of Transportation dated November 7, 1997 and adopted pursuant to City of Denton Ordinance No 95-227 Grantee, by taking possession of this easement )e g grading or preparing the railroad roadbed for street construction) agrees to comply with the following terms (1) Repair, modify or reconstruct the street improvements (and customary uses attendant thereto) authorized above at Grantee's expense if same is required for Grantor (a) to comply with the interlocal agreement referenced in Ordinance No 95-277 above or any agreement between Federal or State agencies required to receive funding for the construction and maintenance of the Denton Branch Rail/Trail Project (b) to repair, modify, reconstruct, install or construct Grantor's utilities in the easement area (2) Repair and restore any improvements in the easement area, lawfully placed therein by Grantor, its agents, employees or independent contractors or by others pursuant to an easement, agreement or license granted by Grantor or its predecessor, the Railroad, damaged by the negligence of Grantee or its agents, employees, or independent Public Street Easement Page 2 of 6 contractors working in the easement area with Grantee's approval, in constructing and maintaining a public street To the extent permitted by law, Grantee agrees to indemnify and hold harmless Grantor, its officers, employees, agents (winch may include the Texas Department of Transportation) and independent contractors from all claims or liabilities due to activities of Grantee, its officers, employees, agents, and independent contractors performing work in the easement area which results from error, omission or negligent act of Grantee, its officers, employees, agents, and independent contractors Additionally, to the extent permitted by law, the Grantee shall hold harmless the Grantor, its officers, employees, agents (TxDot) and independent contractors from any and all expenses, including attorney fees and court costs which may be incurred by the Grantor and the entities above in privity with Grantor (e g TxDot) in litigation or otherwise resisting said claim or liabilities winch might be imposed or the Grantor or those in privity with Grantor as a result of such activities by the Grantee, its officers, employees, agents or independent contractors TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors, and assigns forever, and Grantor is hereby bound, together with all heirs, executors, administrators or successors, to warrant and forever defend all and singular the said easement unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof, subject only to the rights and limitations contained in the Line Sale Contract and other documents incorporated into adoption of City of Denton Ordinance No 93-117 EXECUTED this 1 5 4,4- day of 1998 CITY OF DENTON, TEXAS (Grantor) CITY A ® ER? BY Public Street Easement Page 3 of 6 Approved this 1,ft &y of February, 1998, by the City Council of the City of Corinth, Texas of CO., ATTEST •' Connie Bell City Secretary, City of Corinth, Texas STATE OF TEXAS COUNTY OF DENTON Shirley Spe e�rg��r Mayor, City of Corinth This instrument is acknowledged before me, on this !9 day off, 1998, by SHIRLEY SPELLERBERG, Mayor of the City of Corinth, Texas a mumcrp corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corinth, Texas, a municipal corporation, that she was duly authorized to perform the same by the City council of the City of Corinth and that she executed the same as the act of the said City for the purposes and consideration therein expressed, and in the capacity therein stated Connie Bell Notary Public for the State of Texas =W1 O Public Street Easement Page 4 of 6 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this lb day of '7*Y(jjg,� , 1998, by TED BENAVIDES, City Manager of the City of Denton, Texas a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City council of the City of Denton and that he executed the same as the act of the said City for the purposes and consideration therein expressed, and in the capacity therein stated �o °ae JENNIF" K WALTCRS No PubhC and for Texas ( ) ! Notary fissionublic State of texas y �-%JJJ My Commission Expires 12 19 98 Page 5 of 6 0.454 ACAES CLYDE FISHER VOL 1508. PG. APAOCT ti BSON HEIGHTS 1 AOOITION \�. SLIDE 210 0CT ,e � RAILS TO TRAILS CITY OF DENTON CFI 93-R0058485 R.P.R,D.0 T BLOCK C �� \ 4 5 30' MUTY 6 a � f8.49a2 ACAHS �1 JACKSON RANCH o �$ o t� 7 a 1178.3022 ACRES , HSM OEVCO M . � O,C C.F 0 9�-A0044366 AP.R0CT 1 BLOCK E N 3 EXHMIT DRAWING 40' STREET BASEMENT TO CITY OF CORINTHo TEXAS P09'P BE�BUH �JIC�NINC. t«a i4ew um=1MMCM .d� Public Street Easement Page 6 of 6 EXHIBIT A LEGAL DESCRIPTION 50' STREET EASEMENT 0.1148 ACRE BEING a tract of land out of the H H SWISHER SURVEY, Abstract No 1220, in the City of Corinth, Denton County, Texas, and being part of the tract of land described in deed to the City of Denton, recorded in Denton County Clerk's File No 93- R0058485 of the Real Property Records of Denton County, Texas, and being more particularly described as follows BEGNNNG at a point in the in the westerly line of the 72 3822 acre tract of land described in dead to HSM Devco, Ltd , recorded in Denton County Clerk's File No 97R-0044388 of the Real Property Records of Denton County, Texas and the easterly line of the beforementioned City of Denton tract, from which the northwest corner of a 5 5068 acre tract of land described in deed to 1-35/Swisher Joint Venture, recorded in Denton County Clerk's File No 97R-0044387 of the Real Property Records of Denton County, Texas bears South 15"38'00' East, a distance of 1332 49 feet, THENCE leaving the westerly line of the 72 3822 acre tract and the easterly line of the said City of Denton tract, South 74"22'00' West, a distance of 100 00 feet to a point for corner in the westerly line of the said City of Denton tract, THENCE with the westerly line of the said City of Denton tract, North 15044'08' West, a distance of 50 00 feet to a point for corner, THENCE leaving the westerly line of the said City of Denton tract, North 74"22'00" East, a distance of 100 09 feet;o a point for corner in the easterly line of the said City of Denton tract, THENCE with the easterly line of the said City of Denton tract, South 15'38'00" East, a distance of 50 00 feet to the POINT OF BEGINNING and containing 6002 square feet or 0 1148 acre of land Bearing system based upon the deed of the 72 3822 acre tract of land described in deed to HMS Devco, Ltd , recorded in Denton County Clerk's File No 97-R0044366 of the Real Property Records of Denton County, Texas A-2 \o�emM 11 19 1 26.)