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Home My WebLink About1992-066ALL0018B ORDINANCE /C2 -O w (Q AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM LARRY D HEMPHILL AND WIFE ELIZABETH A HEMPHILL, AUTHORIZING EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City authorizes the acquisition of the easement described in Exhibit "A" attached hereto, from Larry D Hemphill and wife Elizabeth A Hemphill SSECTION II. That the Council authorizes the expenditure of funds in the amount of Eleven Thousand Two Hundred Seventy and No/100 dollars ($11,270 00) for the purchase of said property SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the a/J! day of 1992 BOB CASTLEBERRY, ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BYLh a) XOf at�,-I, EXHIBIT "A" UTILITY EASEMENT That Larry D Hemphill and wife Elizabeth A Hemphill, (Grantor), in consideration of the payment of eleven thousand, two hundred and seventy dollars and no/100 (511.270.00 ) 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 shall remove all debris, surplus material, and construc- tion 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 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 improvements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein and the City will replace or repair the improvements to a condition that existed immediately prior 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 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 substan- tially perpendicular to the easement Any fences placed across the easement shall contain gates or removable panels so that the ease- ment 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 out, 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 8 Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City'sirights 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 S` day of , 199gr-, SUBSCRIBED AND SWORN TO BEFORE ME, by Larry p H hill and Elizabeth A Hemphill this the SLA day of 19 9"Pe/ a ALUE I MILLER '>l e < NOTARY PUBLIC Notaryppublic, State of Texas STATE OF TEXAS My Comm W 12 31 92 -46 Accepted this day of 19 for the City of Denton, Texas (Resolution no 91-073) BY Roger N Wilkinson Right -of -Way Agent Grantee's Address City of Denton 215 E McKinney Denton, Texas 76201 AEE00017 EXHIBIT "A" ALL that certain lot, tract, or parcel of land situated in Denton County, Texas in the W A Thompson Survey A-1238 and being a part of a tract shown by deed to Larry D Hemphill and wife, Elizabeth A Hemphill recorded in Volume 2910, Page 0269 Real Property Records and being more particularly described as follows BEGINNING at the southeast corner of said Hemphill tract on the west right-of-way of F.M. 2153, THENCE south 880 331 22" west a distance of 50 0 feet, THENCE north 0" 50' 07" west a distance of 145 49 feet to the beginning of a curve to the right whose radius point bears north 890 241 05" east 5,824 58 feet, THENCE with said curve to the right, through a central angle of 3" 00, 0011, a distance of 304 98 feet, THENCE north 10 461 1710 east a distance of 14 01 feet to the beginning of a curve to the left whose radius point bears north 870 49' 32" west 5,634 58 feet, THENCE with said curve to the left, through a central angle of 30 00' 0310, a distance of 295.10, THENCE north 00 481 37" west a distance of 737 02 feet, THENCE north 890 321 5611 east a distance of 50 0 feet to a point on the west right-of-way of F.M 2153, THENCE south 00 48' 37" east a distance of 736 69 feet to the beginning of a curve to the right whose radius point bears south 890 10' 25" west 5,684 58 feet, THENCE with said curve to the right through a central angle of 3" 001 00" a distance of 302 36 feet; THENCE south 00 491 13" east a distance of 144 75 feet to the point of beginning and containing 1 7173 acres of land and there being reserved a 20 feet wide construction easement along the entire west side of the above permanent easement AEE00015