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Home My WebLink About1997-174c �nomonow�nwmeoamomn ao� ORDINANCE NO. q1 - I % AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING AN EASEMENT MODIFICATION AGREEMENT WITH HILLWOOD/OAKMONT II, LTD, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is authorized to act on behalf of the City of Denton in executing an easement modification agreement with Hillwood/Oakmont II, LTD, a copy of which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the I 7 -'4'-day of 1997 JACIeALER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS COUNTY OF DENTON 041676 EASEMENT MODIFICATION AGREEMENT Preamble This Agreement is made on APR IL 14, 19� at Denton, Denton County Texas, between HILLWOOD/OAKMONT II, LTD, acting by and through its duly authorized representative, Fred Balda, as Grantor, and the CITY OF DENTON, TEXAS, as Grantee, as an agreed modification of an easement recorded in the records of Denton County, Texa&as Document 94-R0080178, granted by Yorkshire, Incorporated to the City of Denton, Texas (hereinafter, the "1994 easement") RECITALS 1 By another instrument, Grantor has been assigned the rights previously held by Yorkshire, Incorporated as to all real property burdened by the 1994 easement 2 Grantor and Grantee desire to change the terms of the 1994 easement because the 1994 easement failed to recognize and properly dispose rights created by a particular blanket electric transmission easement recorded at Book 381, Page 493, of the records of Denton County, Texas (hereinafter, the "1952 easement") 3 Brazos Electric Power Cooperative, Incorporated executed an agreement dated October 23, 1987, and recorded at volume 2736, Page 825 of the Real Property Records of Denton County, Texas, assigning to Grantee all easement rights afforded by a number of prior blanket electric transmission easements, including the 1952 easement 4 Grantor and Grantee recognize that the 1994 easement was intended to limit as to location and further define the rights conveyed by the blanket easements referenced in the preceding recital, including the 1952 easement 5 Grantor and Grantee further recognize that through oversight or error, the 1952 easement was not listed among those easements limited and further defined by the 1994 easement 6 Grantor and Grantee further recognize that one unintended result of the aforementioned oversight or error was that the portion of the 1952 easement not described by Exhibit A of the 1994 easement was not made subject to the release contained within paragraph 13 of the 1994 easement 7 Giantor and Grantee intend by this modification to release all easement rights conveyed by the 1952 easement in favor of the designation of location described by Exhibit A of the 1994 easement, to the extent that Exhibit A of the 1994 easement describes property subject to the 1952 easement 8 Grantor and Grantee further intend by this modification to reaffirm the easement rights created and/or modified by the 1994 easement with regard to that portion of the property encumbered by the 1952 easement described by Exhibit A of the 1994 easement Easement Modification Agreement between I-Lllwood/Oakmont II, LTD Page I of 3 and the City of Denton, Texas No other modifications to the 1994 easement are intended by this document, and all provisions of the 1994 easement not specifically modified herein are intended to remain intact, unless subsequently modified in writing by the parties to the 1994 easement, or their assignees NOW, THEREFORE, in consideration of ten dollars and other good and valuable consideration, the parties hereto agree that the terms of the 1994 easement are hereby amended by fully incorporating by reference herein all portions of the 1994 easement, and inserting the following language as paragraph 12 8 thereto 8. Easement granted by Mrs. Sarah Fewell, a widow, recorded in Volume 381, Page 493, Deed Records, Denton County, Denton County, Texas, riled August 4, 1952, F Curbier Survey, Abstract Number 300 IN WITNESS WHEREOF, this instrument is executed this .�� day of AFORIL. , 1997 HILLWOOD/OAKMONT II, LTD President pment Corporation STATE OF TEXAS COUNTY OF CITY OF DENTON, TEXAS By Ted Benavides, City Manager This instrument was acknowledged before AT20 1 , 1997 by Fred Balda, Development Corporation, on behalf of said corporation FIE' i �`1 CorTiri �.xp 1t)2U �7 me on the L4 01 day of Vice President of Hillwood 11- 1mm RY PUBLIC IN AND FOR TEXAS ission Expires Easement Modification Agreement between Hdlwood/Oakmont 1I LTD Page 2 of 3 and the City of Denton, Texas STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the r day of Q4.'V� , 1997 by Ted Benavides, City Manager of the City of Denton, Texas, K municipal corporation, on behalf of said corporation r000 o00000000000000000000 2f ,rnYP ANN FOR9YTHE g/. y NnteryPublic,SuteatTezea NOTAR V PUBLIC IN AN_DOOOTF�XA5 g M CommlaelanEzpireeOA09•tAAA �!f Commission Expires �f7" �00000000000000000000000000 Easement Modification Agreement between Hillwood/Oakmont 11, LTD Page 3 of 3 and the City of Denton, Texas Return To City Of Denton Engineering & Transportation Dept 221 North Elm Street Denton, Texas 76201 Attention Roger N Wilkinson CCa L�r �5 IAe AKMIPIRINI! IMWnaynq �•eaWm �o Y�R E1I r''IrtlMphM Vymirrpar�oyngon OIMW1 Ru0ACNpm" '� v+ rOFULU mtha N9G0 JUN 20'H97 s !�`� C�ppUNTY CLERK 1tt ,�)��'A DENTUN CDUNYC TEKgg �\" `,�r^' • 'a ° a Filed for Rpcord in. DLNTON COUNTY TX HONORABLE TIM HODGES/COUNTY CL1--kK On Jun 20 199/ At 3 26pm Doc/Mum 97 R0041676 Do(^/rype CAS Recordinq. 'J 00 Doc/Ngmt 6.00 Receipt H: 19869 Deputy BRANDrE