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HomeMy WebLinkAbout1997-339ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON A 15' SANITARY SEWER EASEMENT CONVEYING TO THE CITY OF CORINTH THE RIGHT TO USE 0444 ACRE OF THE ABANDONED RAILROAD RIGHT-OF-WAY TO BE USED FOR THE DENTON BRANCH RAIL/TRAILS PROJECT FOR THE CONSTRUCTION OF A SANITARY SEWER WITHIN THE CITY OF CORINTH 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 15' sanitary sewer easement conveying to the City of Corinth the right to use 0444 acre of the abandoned railroad right-of-way to be used for the Denton Branch Rails/Trails Project for the construction of a sanitary sewer 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 �gf� day of ;�11,em6er , 1997 A o• MAYOR mwff ATTEST JENNIFER WALTERS, CITY SECRETARY C AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY P \tl�rMMµ\IAL\Dan\QGlnmtnWnlry 9exv&ieieiY CanNhOo� SANITARY SEWER EASEMENT THE STATE OF TEXAS § 6 KNOW ALL MEN BY Ti1ESEPRESENI'S COUNTY OF DENTON That the City of Deacon, Texas, a municipal Corporation n(ra Exhibit ad "in he m of (S 7�5 ,aqu foot 6or the property Avs-It u✓c/iN f S3— (s '' DOLLARS to the underdgeed in hamdi, paid by the City of Caioth, oorpontioa (Grauee), the reeds of which a hereby atdmowledged and confessed, has granted, sold and conveyed and does hereby Want, seta and convey unto said Grantee, its McCown and aasgns, subject to the tevanioUM rights and pnvdeges of hdisaoun Pard6e Railroad CamPmy (1Wb080 and Grantor ad forth in the Line SakiCantract between Wined and Gram of July 2. 1993, adopted Pummel to City of Doom Ordinance No 93-117 end timitad by 16 U S C 12476% section 8(d) of the National Trail System Act and subject to comments and lieemes and other documents of record, interlocal agreppata and Grantee's perpetual and superior right to maintain a trail system and expand the type' and number of public utilities, within Grantee's.111119dicttoo W maintain and operate w►thm the property described in Exhiibit "A", an em=W to Construct recon mud and Perpetually mainWn a sewer main, together with all necessary laterals, coariei tioaa and appurtemmCne, Or authoam such conetructim reconstruction and maintenance in, on, across and under all that cw*a lot, tract of pared of land described in Exhibit "A", attached hereon and made a part hereof by reference for all purposes The Grantee is arquiring this noement for the purpose of constrading. using and maintaining a sanitary sewer at an appropriate grade and in accordance with such plane and widle specification which will bad serve railroad roadbed and the �baccommodaatingat the am WN protecting the HIM* Of the 'stir gthe construction of the Demon Branch RaWrrail Project as eavtsioned by the interlocd agreement between the City or Denton and the Tom Department of Transportation dated November 7, 1997 and adopted purauent to City of Denton Ordinance No 9S-227 Grantee, by taking possession of this easement (e g grading or tunneling the rutroed roadbed for sanitary sewer construction) agrees to comply with the lbllowing terms (1) Repair, modify or reconstruct the samtery sewer improvements (and customary uses attendant thereto) authored above at Grantee's expense if same is required for Grantor (a) to comply with the intw1ocal agreement referenced in Ordinance No 95-227 above or any agreement between Federal or State $Some$ required to receive funding for the construction and maintenance of the Denton Branch RuVr ut Project (b) to repair, modify, reconstruct, install or construct Grantor's utulnus in the easement area (2) R"w and rawe any improvements in the easement Area, ltwiiilly placed therein by Grantor, its agents, employees or independent carmaixaa or by othen p muant to an easement, agreweat or lioness granted by CAr or is prsdeoewor, the Raboed, damaged by the negligence of Grantee or ka agents, employees or independent eorirmctors worlang in the easement am with Onetee's approval, is coarmictinig and masoning a sanitary newer To the moat permitted by law. Grantee agrees to mdamwfi And hold harnilesm Grantor, its officers, easpbyees. meow (which may iodude the Terns Depertmo t of Tmspoi tadoo) and independent aoaractat *om aU clsims or UaMIWCS due 10 aaivids of Graotoe, its offioae, employees, agents and independent aoatrvoM perfotm'is wrap in the tsamemeal au which roaiha OUR as error, oiiisaoe or enpow as of Orestes, its e®osm employees, a poK aid iridepeedeot oostrsdM Additionally, to the natant permitted by law. die Grsotee sheet bold' the Grantor, #a otsice % employees, agents CrxDot) and mdependat an - -- rm gram any and sU expeaaee, iatdudmg attorney fees and cam costa which may be iacuned by the Grantor aid the entities above is privity with Gnaw (ag. TxDw) in litigation or otherwise is wA% asid claim or Unkidities which W& be imposed an the GmsW or those in privity witb Crates at the result of mA activities by die Grmatee, its Micas, employeea, agents or ladepandent commown TO HAVE AND TO HOLD the above dumbed duomeat, wgeliror with all sad ai WUW die right sed appti wwoes thereto ii attysrise belonging tiro the sad GMta', its stiooewrs, and assigns faravar, and Graaw is busby bound, togediar with aU heirs, executors, adminielratore or awcanons, to wwat and forever defend all and singular the mad easement unto the Crane% ks suixawrs aid waigi m. aping every pamon whomwevw lawlWly cla(aniag, or to clam the owe or any pan thsrs 14 mrbjeot only to the dots aid Umitattous contained in the Line Sale Contras, the above described eesimim" and Hamm and other doeusta is of record, wad other documema incorporated into the adoption of City of Denton Ordinance No 93.117 1# .,,,W W,MCUTED this � day of 1J/ 1i %AL ! . 199_I_ Gam;' ••ss• "a CITY OF DENTON, TEXAS (Creator) • CITY MANAOiA BY t Approved this 6th day of November, 1997 by the City Council of the City of Corinth, Texas ATTEST Connie Bell, City Secretary Shirley Spell berg, Mayor STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this -LI9-::1 day of 11/o)(,4 heir 1997, 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 purposes and consideration therein expressed, and in the capacity therein stated Q0000000000000000cococ000000 g ANN FORSYTHENotafy . State of Texas g MyComml sionl Lor Expl s 05-DO 19988 OO OOOOOO000000000c00000000000000 ripu. �lv _ , i,/ STATE OF TEXAS COUNTY OF DENTON Before me, Connie Bell on this day personally appeared Shirley Spellerbero, Mayor of the City of Corinth, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed Given under my hand and seal of office this 12'h day of November 1997, A D Connie Bell Notary Public for the State of Texas 118811'JA1 W1O6\88080001LO188EeMY1 1.60 EXHIBIT A, PAGE I LEGAL DESCRIPTION 16' SANITARY SEWER EASEMENT 0.0444 ACRE BEING 8 tract of lend out of the H H SWISHER SURVEY, Abstract No 1220, In the City of Corinth, Denton County, Texas, end 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 BEGINNING of a point in the in the westerly line of the 78 3822 sore tract of land described In deed to HSM Devco, Ltd , recorded in Denton County Clark's File No 97R.0044388 of the Real Property Records of Denton County, Texas and the easterly line of the beforementloned City of Denton tract, from which the northwest corner of a 5 5068 acre tract of land described in deed to 1415/Swisher Joint Venture, recorded In Denton County Clerk's File No 97R-0044367 of the Real Property Records of Denton County, Texas bears South 15'38'00" East, a distance of 1767 37 feet, THENCE leaving the westerly line of the 78 3822 acre tract and the easterly line of the said City of Denton tract, North 65928153" West, a distance of 128 95 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 15' 38'00" West, a distance of 19 34 feet to a point for corner, THENCE leaving the westerly line of the said City of Denton tract, South 68028'53" East, a distance of 128 95 feet to a point for corner in the easterly line of the said City of Denton tract, THENCE with the easterly line of the sold City of Denton tract, South 13'38'00" East, a distance of 19 34 feet to the POINT OF BEGINNING and containing 0 0444 acre of land Bearing system based upon the deed of the 78 3822 acre tract of land described in deed to HMS Devoo, Ltd , recorded in Denton County Clerk's File No 97-1`10044388 of the Real Property Records of Denton County, Texas Oa"be20 IW7(1018om) EXHIBIT A, PAGE 2 RAILS TO TRAILS MY OF DENTON DCCF# 93—R0088486 R.P.R.D.C.T. GRAPHIC SCALE IN Wed Out 1 1007 101 8.99 ACRES SCOUT DEVELOM IVOL. ISO 19.34 NiV38'07W SM. SEMM LIFT STAMO M 11 78.3822 ACRES HSM PEVCO, LTD. D.C.C.F. # 97R-0044366 R.P.R.D.C.T. 12 1767.87' TO NORTHWEST, CORNER OF BMW ACRES I-38 / Sj11SI m J.V. O C.C.F. ! 97"044367 R.P R.O.C.T. PROPOSED IO'ACCESS ESMT EXHIBIT DRAWING PROPOSED 30' UTILITY ESMT 5183WOd'E ,POINT OF BEGINNING 16' SANITARY SEWER EASEMENT CITY OF CORINTH, DENTON COUNTY, TEXAS INC.