The URL can be used to link to this page

Home My WebLink About1992-068fames 0 ORDINANCE NO o7 '0 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM MARY DIANE CRAVER DENNY JAMES, TRUSTEE AND FIRST CITY TEXAS-HOUSTON, N A SUCCESSOR TRUSTEE, AUTHORIZING EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION i That the City Council authorizes the acquisition of the attached easement from Mary Diane Craver Denny James, Trustee and First City Texas -Houston, N A Successor Trustee SECTION II That the Council authorizes the expenditure of funds in the amount of Sixty-six Thousand and No/100 Dollars ($66,000 00) for the purchase of said property SECTION III That this ordinance shall become effective im- mediately upon its passage and approval PASSED AND APPROVED this thel I day of awz ,z 1992 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY ^� UTILITY EASEMENT That Mary Diane Craver Denny James, Trustee under the will of Lois Skiles Craver, of Denton County, Texas and First City, Texas - Houston, N A successor Trustee under the will of Kenneth Craver of Harris County, Texas (Grantor), in consideration of the payment of sixty-six thousand dollars and no/100 ($66,000 00) by the CITY OF DENTON, Texas, (City), a municipal corporation of the State of Texas, receipt of which is hereby acknowledged, grants and conveys to the City a permanent easement for water, sanitary sewer, electric and stormwater drainage pipes, lines, and facilities across the real property owned by Grantor, as described in Exhibit "A", attached to and incorporated into this document by reference The grant made includes and is subject to the following 1 Purpose This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate, and maintain water, sanitary sewer, and stormwater pipelines, valves, facilities and appurtenances, electric poles, wires and related facilities, and other public utilities and related facilities in, on, over, under and across the permanent easement 2 Temporary Construction Easement In addition to the per- manent easement, the City is granted a temporary construction ease- ment for the initial construction only of one water transmission pipeline The temporary construction easement shall be twenty (20) feet in width and shall extend parallel to the permanent easement, all as shown in Exhibit A Upon conclusion of the initial con- struction, the temporary construction easement shall terminate and the City, at its expense, shall remove all debris, surplus material, and construction equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed 3 Building and Structures Grantor shall not construct, erect or place any buildings, or other permanent structures, or portions thereof, in, on, or over the easement The City, at its expense, will replace or repair any sidewalk, parking lot, or driveway that exists on the easement if removed or damaged by the City during initial construction of the water transmission line If the Grantor constructs or places a sign, parking lot, driveway, private walkway or improvements over the easement after execution of this easement document, the City may remove all or part of the improve- ments as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein and City, at its expense, will replace or repair the improvements to a condition that existed immediately prior to said construction 4 Fences and Gates If necessary to remove or relocate any fence or gate during initial construction of the water transmission line, the City will remove or relocate the fence or gate at its expense After completion of the initial construction, the City, at its expense, shall reinstall any fence or gates initially removed or relocated in their original locations The Grantor, but not the City, may construct new fences and gates on the easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times If gates are to be kept locked by Grantor, the City shall be provided the keys or other means, as applicable, so the City may open all locks for access without prior notice to Grantor 5 Access For purposes of exercising its rights, the City shall have access to the easement by way of existing public pro- perty or right-of-way and not from other lands owned by Grantor outside the easement 6 Trees and Landscaping Grantor shall not plant any tree upon the easement property City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor, including the obligation to make further payment to Grantor Grantor may plant shrubs, vines, grass, irrigation systems and other systems land- scape features within the easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair, alter, relo- cate, or operate its utilities without any liability to Grantor, including the obligation to make further payment to Grantor 7 Crops The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted S Grantor's Rights Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purpose granted, subject to the restrictions contained herein 9 Neither party has made any representations or promises out- side the written provisions of this easement document relating to the subject matter of this easement document 10 Successors and Assigns This grant shall run with the land and shall be binding upon the parties and their heirs, successors, and assigns SIGNED this a2S7A day of rzWa,9411 , 1991 l LQV=L "=ASSAY YGlIIIGG, y+u.o �. will of Lois Skiles Craver First City, Texas -Houston, N A Successor Trustee under the will of Kenneth Craver Kelly UPrew tt Assistant Vice -President & Trustee Officer SUBSCRIBED AND SWORN TO BEFORE ME, by Mary Diane Craver Denny James, Trustee under the will of Lois Skiles Craver this the = tj, day of FEBRUAky , 1991 (1_1(u IARIARA lop FISHER NOTARY PUElLIC *Bute Ot TU017 oary Pu 1 , State of Texas Comm H.o 091 95 SUBSCRIBED AND SWORN TO BEFORE ME, by Kelly R Prewitt, Assistant vice President & Trust Officer this the 61O'j" day of t6R.YaRX , 199J6 KA110M T NW.KA (SWCMn NOWY Pubft STATE OF TEXAS Exp MAR 21, 1986 Grantees address City of Denton 215 E McKinney Denton, Texas 76201 AEE00017 i 5iu"ue� Notary P blic, State of Texas EXHIBIT TRACT I ALL that certain lot, tract, or parcel of land situated in Denton County, Texas in the W Thompson Survey A-1238 and being part of a tract shown by deed to Kenneth Craver recorded in Volume 445, Page 40 Deed Records of Denton County, Texas and being more particularly described as follows BEGINNING at the intersection of the south line of said Craver tract with the west right-of-way of F M 2153, THENCE south 880 18' 43" west with Cravers south line 50 01 feet, THENCE north 00 481 37" west a distance of 573 35 feet, THENCE north 10 04' 21" west a distance of 1077 65 feet, THENCE north 10 041 49" west a distance of 2538 93 feet to the north line of said Craver tract, THENCE north 880 551 01" east a distance of 50 0 feet to the west right of way of F M 2153, THENCE in a southerly direction with said right-of-way the following three (3) courses and directions, (1) south 10 041 491' east 2,538 93 (2) south 10 04' 21" east 1,077 77 feet (3) south 00 481 38" east 572 7 feet to the Point of Beginning and containing 4 8091 acres of land There also being reserved a 20 feet wide construction easement along the entire west line of the above permanent easement TRACT II ALL that certain lot, tract, or parcel of land situated in Denton County, Texas in the W Thompson Survey A-1238 and being a part of a tract shown by deed to Kenneth Craver recorded in Volume 449 Page 45 Deed Records of Denton County Texas and being more particularly described as follows. BEGINNING at the intersection of the north line of Sheppard Road with the west right-of-way line of F M 2153, THENCE south 880 51' 04" west a distance of 50 3 feet to a point in a curve to the right whose radius point bears north 820 411 14" east 1,240 92 feet, THENCE with said curve to the right through a central angle of 60 321 171f a distance of 141 60 feet, THENCE north 00 45' loll west a distance of 915 33 feet, THENCE north 00 48' 25" west a distance of 997 90 feet, THENCE north 00 50' 13" west a distance of 1,201 14 feet, THENCE north 880 33' 22" east a distance of 50 0 feet to a point on the west right-of-way of F N 2153, THENCE south 00 50' 13" east a distance of 1,201 70 feet, THENCE south 00 48' 25" east a distance of 997 88 feet, THENCE south 00 45' 10" east a distance of 915 37 feet to the beginning of a curve to the left whose radius point bears north 890 13' 31" east 1,190 92 feet, THENCE with said curve to thg left through a central angle of 6' 47' 52" a distance of 141 30 feet to the Point of Begghning and containing 3 737 acres of land There also being reserved a 20 feet wide construction easement along the entire west line of the above permanent easement TRACT III ALL that certain lot, tract, or parcel of land situated in Denton County, Texas in the Sylvester Williams Survey A-1322 and being a part of the Second Tract, Third Tract and the Fourth Tracts described in a deed to Kenneth Craver recorded in Volume 449 Page 45 Deed Records and being more particularly described as follows COMMENCING at the northwest corner of the Second Tract described in Volume 449, Page 45 also being the northeast corner of Tract No 2 as described in Volume 423, Page 95 Deed Records, and also being the center line of Burger Road, THENCE south with the east line of Tract No 2, 30 0 feet to the Point of Beginning, THENCE east 2096.8 feet to a point in the east line of the Fourth Tract recorded in Volume 449, Page 45 Deed Records, .z THENCE south with said east line 50 0 feet, THENCE west 2096 8 feet to a point in the east line of said Tract No 2, THENCE north with the east line of Tract No 2, 50 0 feet to the Point of Beginning and containing 2 407 acres of land There also being reserved a 20 feet wide construction easement along the entire west line of the above permanent easement AEE00015 I a r f r r r iI I t I � I I II I s i { f I i I i i i I I � � f � f i I I t I I I