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ORDINANCE NO qb2_-kQ9A0_
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE AN EASEMENT FROM THE CITY OF DENTON TO GTE SOUTHWEST INCOR-
PORATED, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
EgZjQN T. That the Mayor is hereby authorized to execute the
attached easement between the City of Denton and GTE Southwest
SECTION II That this ordinance
immediately upon its passage and approval
PASSED AND APPROVED this theAa day
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVE AS T LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
shall become effective
of , 1992
7
BOB CASTLEBERRY, MAYO
Ill (REV 1 68)
eTATE OF TEXAS EXCHANGE— DENTON
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF_ DENTON
ORDER NO _—
That-_ City of Denton, Texas and of Denton, Texas
of the County oft__. _Denton --And State aforesaid, for and in consideration of the sum of
ten Dollars ($ 10 00 ) to us in hand paid by GTE Southwest Incorponled
a Delaware corporation the receipt of which is hereby acknowledged and confessed have this day grppted and conveyed and do by these presents grant and
convey unto GTE Southwest Incorporated us successors and assigns an easement ten 11U) in width to construct place
Operate Ill maintain repair replace and remove such buried communication cable as Grantee may from time to time require consisting of buried cal le
markers and necessary fixtures and appurtenances over across under and upon the following described property to wit
Being a portion of that certain tract of parcel of land lying and being situated in the
County of Denton, State of Texas, being out of the E Puchalski Survey, Abst #996, and
being part of a tract of land as conveyed from W C Potter and wife, Maybell Wallace
Potter to the City of Denton and the County of Denton by deed dated 12-18-52 and recorded
in Volume 383, Page 187 of the deed records of Denton County, Texas, and more particularly
described as follows
Beginning at a point of intersection of the north boundary line of said tract and the
west boundary line of the Gulf Colorado and Santa Fe Railroad property
THENCE, southward along the west boundary line of the Gulf Colorado and Santa Fe Railroad
property to 'the point where the said west boundary line of the Gulf Colorado and Santa Fe
Railroad property intersects the south boundary line of said City of Denton and County of
Denton tract,
THENCE, north 88° 23' west along said south boundary line a distance of 10 feet to a
point for corner,
THENCE, northward 10 feet from and parallel with the Gulf Colorado and Santa Fe Railroad
west boundary line to a point where said line intersects the north boundary line of the
said City of Denton and County of Denton tract, said point also being on the south
boundary link of Prairie Street,
THENCE, eastward along the north boundary line of said tract and south boundary line of
Prairie Street to point of beginning, containing 098 acres of land more or less
Situated in T?Ani.47[3.- - — - County, state of__ - Mel _ _ _ _ _- — and the —_
recognizes the gen I ceures of old low, as above dessalbed, is based upon preliminary survey only and Causal here rel that
by gree(s) rivet
the easement here y ll;:10 shall apply to the acttssl location of said line where constructed
Grantor ceve uts for himself, his successors and assigns, not to place or maintain any building or structure on said easement
Grantor grants to the Grantee the right of ingress and egress over my (our) adjacent lands to or from all right of way for the
purpose of inspecting, maintaining, constructing, recoustmctlng, operating and removing its buried communication cable and associated
appurtenances oven, order across and upon the above described property, and the right to place markers and other devices to support
or mark said coau ,ruction where necessary
The Grantor also agrees to include the right to relocate and buried commudaticu able on said premises to conform to any future
highway relocation 1 widening or Improvement
The Grantor acknowledges that the consideration reolted above Includes compensation for any and all damages to the surface
or gross or crops located thereon resulting from original construction by Grantee Should Grantee or its agents or employees subsequent
to original iustallattOn of oommunlatlon facWtles within the easement described above have Occasion to enter upon the premises to
perform maintenance upon such facilities, Grantee agree to pay Grantor the actual cash value of that portion of crop# destroyed in the
course of performs oe of such maipteanay and Grantor ogress to receive such amount in full discharge of any claim for damages which
might have been advanced.
TO HAVE AND TO HOLD the above described asssm rat and rights unto the aid Grantee, its successon and assigns, until said
line shall be abandoned
And I (we) dollhereby bind myself (ourselves), my (our) legal representative to warrant and foram defend, all and singular the
above described element
end rights into e 09 GMW% Its successors and softml &pit t every person whomsoever lows ly
eWudng or to ohl; the same or spy part thereof
EXECUTED t .dsy of
City 0f Denton, T xasf�IVOYVA County of Denton, Texas
CERTIFICATE OF AGKNOWI EDGMENT FOR INDIVIDUALS
THE STATE OF
County of _ _
BEFORE ME the undersigned authority on this day personally appeared
(mown to me to be the person (s) whose name (s) is (are) subscribed to the foregoing instrument and acknowledged to me tbat
executed the same for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this— _ day of_ , A D 19—
Notar7 PubIte _County
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CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS
THE STATE OF
County of ---
BEFORE ME the undersigned authority on this day personally appeared
known to me to be the person (s) whose name (s) Is (are) subscribed to the foregoing instrument and acknowledged to we that__
executed the same for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A D 19—
Notary Public_. County,
CORPORATION ACKNOWLEDGMENT
THE STATE OF_ 1
County of— 1L
BEFORE ME the undersigned a Notary Public in and for said County and State, on this day parsonapy appeared
known to me to be the person and offlcer whose name is subscribed to the foregoing hutrun est sad aclmowledgad to me that the
same was the act of the salt]�
-- ----- a corporation
and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity
therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
(SEAL)
Notary Public in and for County,
AD19__
MC 600660
ED 165 A (7EV 1 88)
"HE STATE OF TEXAS ,—_ RM PROPERTY RECORDS
EXCHANGE— DENTQ�I
COUNTY OFDENNTON KNOW ALL MEN BY THESE PRESENTS: _ _—
ORDER NO ---
That City of Denton Texas and County of Denton, Texas — _--_
of the County of.-._ _Denton —_ _ and State aftimmid, for and to consideration of the gum of
uen Dollars (S 10 00 ) to La in hand paid by OTE Southwest Incorporated
A Delaware corporation the receipt of which is hereby acknowledged and confessed have this dos r led and conveyed and do
cone unto GTE So thwest Inca ten y $ p y by these presents grant and
Y y Incorporated its successors and assigns an easement (+ �/ in width to construct place �—
operate mspeu maintain repair replace and remove such buried communication cable as Grantee may from time to time require consisting of buried cal le
markers and necessary lixtures and appurtenances over across under and upon the following described property to wit
Being a portion of that certain tract of parcel of land lying and being situated in the
County of Denton, State of Texas, being out of the E Puchalski Survey, Abst 11996, and
being part of a tract of land as conveyed from W C Potter and wife, Maybell Wallace
Potter to the City of Denton and the County of Denton by deed dated 12-18-52 and recorded
in Volume 383, Page 187 of the deed records of Denton County, Texas, and more particularly
described as follows
Beginning at a point of intersection of the north boundary line of said tract and the
west boundary line of the Gulf Colorado and Santa Fe Railroad property
THENCE, southward along the west boundary line of the Gulf Colorado and Santa Fe Railroad
property to the point where the said west boundary line of the Gulf Colorado and Santa Fe
Railroad property intersects the south boundary line of said City of Denton and County of
Denton tract,
THENCE, northl88° 23' west along said south boundary line a distance of 10 feet to a
point for corner,
THENCE, northward 10 feet from and parallel with the Gulf Colorado and Santa Fe Railroad
west boundary line to a point where said line intersects the north boundary line of the
said City of Denton and County of Denton tract, said point also being on the south
boundary line of Prairie Street,
THENCE, eastward along the north boundary line of said tract and south boundary line of
Prairie Street to point of beginning, containing 098 acres of land more or less
Situated in Dt'-11t.QXL_ _ — - County. state of—_ - 12AIL6 _ _ and the Crentor(s)
reward the general course of a" line as above described, is based upon preliminary survey only and Crantor(s) hereby agree(,) that
the maemeot hereby granted &hall apply to the acnal location of said line where constructed
Grantor covenants for himself, his suceeuod and asdge not to place or maintain any building or structure on said agsemenL
Grantor gnats to the Grantee the right of Ingram and egress over my (our) adjacent lands to or from no right of way for the
purpose of inspecting, nuafatalning, constructing, reconstructing operating and removing its burled ecmmunieatbn able and associated
appurtenances over under across and upon the above described property and the fight to place markets and other devices to support
or mark said corutruotion where necessary
The Grantor else to Include the right to reload te mW buried commuatlon able on said to highway relocation widening or Improvement Promisesconform to any future
The Grantor acimowledges that the courideration recited above includes compensation for any and all damages to the surface
or grass or crops located thereon resulting from original construction by Grantee Should Grantee or its agents or employee, gubaegyent
to original installatbn of communication facilities within the easement described above have occasion to enter upon the premises to
Perform maintenance upon such fardlitise Grantee agrees to pay Grantor the actual ash value of that portion of crops destroyed in the
course of performance of such maintenance, end Grantor agrees to twelve such amount in full discharge of any claim for damage which
might have been advanced.
TO HAVE AND TO HOLD the &bow described easement and rights unto the mid Grantee, Its sucaasom and usdins until said
Lim shell be abandimed
And f (we) do I1eroby bind rnyeelf (ourselves), my (our) legal reprematadve& to warrant and foram defend, all and singular the
above described asspmmt and rights unto the mid Grantee. Its ruoomeon and amlgns, against every peon whomsoever lawfully
claiming or to claim he gaam))e or any part thered
EXECUTED thle. _ day of19�¢-
City of� Denton,
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rot 317 8 Pc0 4 7 0 GEJ111FICATE OF ACKNOWI CDCMCNT FOR INDIVIDUALS
1
THE STATE OF
County of _ __ Jt(
BEFORE ME the undersigned authority on this day personally appeared
(mown to me to be the person is) whose name (s) is (are) subscribed to the foregoing instrument, and acknowledged to me that__
executed the same for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ - day of_ , A D 19—
i
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Notary Public+ County
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CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS
THE STATE OF__-- =.r_ _ -1
County of
BEFORE ME, the undersigned authority on this day personally appeared
known to me to be the person (a) whose name (s) h (are) subscribed to the foregoing instrument, and acknowledged in me that-_
executed the same for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _-_ day of A. D 19—,
Notary Public_ County,
CORPOMTION ACKNOWLEDGMENT
THE STATE OF -
Counts of - - }
BEFORE MS. the
known to me to be the person and
in and for said County and State, on this day personally appeared
to the foregoing instimtent and acknowledged, to me that the
some was the act of the said
..►
_Q�-j'� � emlwration
and that W.bs the same an the act of such corporation for the purposes and consideration therein expressed and in the capacity
r CI N UNDER MY U&NDA�1 S F FFICE this the �d/1 day of —_, A D 19�
�- ff-,
`jam _jiI ,
No
Zblic in for County
�irVc—
e \updocs\ord\potter eas
A3178 F90471
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE AN EASEMENT FROM THE CITY OF DENTON TO GTE SOUTHWEST INCOR-
PORATED, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the Mayor is hereby authorized to execute the
attached easement between the City of Denton and GTE Southrest
SECTION ii. That this ordinance shall become effective
immediately K.
upon its passage and approval
PASSED AND APPROVED this theaeday of , 1992
Al
BOB CASTLEBERRY, MAYO
ATTEST.
JENNIFER WALTERS, CITY
BY r
APPROVE AS TQ LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY
vaL 3118 FG0 4 l 2
CORPORATION AMOWLEDGMEM
THE STATE OF TEXAS
COUNTY OF beN�o�
BEFORE ME, the undersigned, a Notary Public in an�o sai
County and State, on this day personally appeared TG-F; /✓%oac*
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
/1 Coyrt
act of the said ,eis� and that he executed the
same as the act of such on for the purposes and consideration
therein expressed, and is the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _Ira day of
a.vr-k , A D 19V
otary Public in and for County-{- Ln, 4-�
TERESA ROBERTS �ti"�"� °{ Texw
eC, e NOTARY PUBLIC
.SiTAT? OF TEXAS
1
' n MY C07M Exp 8-8 82
/0L3178 PGO473
3