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Home My WebLink About1987-1851911L NOTE THIS ORDINANCE AMENDED BY 88-122 AND A COPY ATTACHED NO 821?57 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is in the best interest of the City of Denton to purchase the electrical equipment and facilities described herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizes t e purchase of electrical facilities and easements from Brazos Electric Power Cooperative, Inc , under the terms and conditions contained in said Bill of Sale and Assignment of Easements as attached hereto SECTION III That this ordinance shall become effective imme lately upon its passage and approval PASSED AND APPROVED this the p?D'Lday of Dom_, 1987 & RAY �, �f�` ��O. ATTEST .� n.SECRhTAKY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY ` b� �••-- 1911L THE STATE OF TEXAS S COUNTY OF DENTON S AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE AND SALE OF ELECTRIC FACILITIES AND EASEMENTS Agreement made between the City of Denton, Texas, a municipal corporation, ("Buyer"), and Brazos Electric Power Cooperative, Inc , a corporation organized and operating pursuant to the Texas Electric Cooperative Corporation Act, Article 1528b, V T C S , ("Seller"); WHEREAS, Seller presently owns, maintains, and operates electrical equipment and facilities within the County of Denton, Texas, to supply customers with electrical services, and WHEREAS, Seller has agreed to sale to Buyer and Buyer has agreed to purchase from Seller a 69 KV electric transmission line and the associated equipment and easements used therefore, as is more particularly described herein, NOW, THEREFORE, in consideration of the mutual consideration and covenants contained herein, the parties agree as follows In consideration of the sum of Eleven Thousand Five Hundred Twenty-eight Dollars and Twenty-four Cents ($11,528 24), paid to Seller by Buyer, receipt of which is hereby acknowledged, Seller does hereby sell, assign, and convey to Buyer all its right, title, and interest in that certain 69 KV electric transmission line, including all poles, lines, wires, fixtures, and appurte- nances ("Facilities") and easements used in conjunction therewith, located and described as follows Beginning from Seller's electric substation at Buyer's Spencer Road Power Generating Plant and extending approximately 4 2 miles to the junction of said line with Seller's 138 KV electric transmission line located north of Seller's Canyon Substation, as shown in Exhibit "A", attached hereto and incorporated herein by reference II The easements being assigned an conveyed herein include all those easements described in Exhibit "B", attached hereto and incorporated herein by reference III Seller covenants that it is the lawful owner of the Facilities and easements herein conveyed, that they are free and clear of all encumbrances of any kind, that Seller has the right and authority to sell and dispose of the same as provided for herein, that all lawful requirements for the sale of Facilities have been performed by Seller; that all necessary easements upon which the Facilities are located are herein conveyed and assigned, and Seller binds itself and its successors to warrant and forever defend the Facil- ities and easements to Buyer and Buyers successors against every person whomsoever lawfully claiming or to claim the same or any part thereof IV Seller will promptly hereafter, if necessary, execute and deliver any and all necessary assignments, deed, or documents necessary to effect the conveyance of the property herein being purchased and sold I EXECUTED this the day of LiC3�,dL�O,ti�, , 1987 CITY OF DENTON, TEXAS BY `/.Sr�� RAY I ATTEST 4 -� J eNIFER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY BRAZOS ELECTRIC POWER COOPERATIVE ATTEST SECRETARY m PAGE TWO EXHIBIT "B" INSTRUMENT FILE RECORDED D R D C T GRANTOR DATE DATE DATE VOL PG Joe Akers, et ux 05-14-46 12-31-46 01-11-47 332 484 John Gassaway, et ux 06-01-46 12-31-46 01-14-47 332 499 J B Schmitz 06-04-47 10-24-49 11-21-49 354 394 Stuart M Volk et al 06-05-47 10-24-49 11-21-49 354 401 J W Ward 06-03-47 10-24-49 11-21-49 354 402 G H Brammer 06-10-47 10-24-49 11-19-49 357 45 C E Broyles, et ux 07-14-47 10-24-49 11-19-49 357 47 L W Opitz 06-03-47 10-24-49 11-22-49 357 49 M A Haggard, et ux 06-11-47 10-24-49 11-21-49 357 54 Roland Hill, et ux 06-03-47 10-24-49 11-21-49 357 56 D R Brady, et ux 06-18-52 08-04-52 09-11-52 381 490 Mrs Ethel Fuson, et al 06-18-52 08-04-52 09-11-52 381 492 Mrs Sarah Fewell 06-18-52 08-04-52 09-11-52 381 493 H P Price, et ux 06-18-52 08-04-52 381 494 A M Stinson 06-18-52 08-04-52 09-04-52 381 496 J P Simmons, et al 06-18-52 08-04-52 09-12-52 381 501 J F Mason, et ux 06-19-52 08-04-52 09-12-52 381 513 Mrs Katharine Penick 07-13-52 10-22-52 11-22-52 382 369 Durrett W D Pockrus, et ux 10-02-52 10-20-52 11-26-52 384 118 Arch Brown, et ux 09-24-52 10-20-52 11-26-52 384 119 Grace Starr 06-24-52 10-20-52 11-26-52 384 121 Copeland, et al J W Rdach, et al 06-16-52 10-20-52 11-26-52 384 124 L R Strickland 10-18-52 03-20-53 04-18-53 386 59 C M Simmons, st ux 04-03-57 06-06-58 06-17-58 437 613 C M Simmons, et ux 03-12-57 08-27-59 09-02-29 449 439 S D Roberts, et ux 05-24-74 06-10-74 710 119 Theresa M Adkison, 11-23-83 11-23-83 1297 617 individ4ally and as 11-23-83 11-23-83 1297 619 Ind executrix of the estate of Robert 0 Adkison, deceased Ben Pinnell and 12-01-83 12-13-83 1307 330 John H King Satell Investment 03-28-84 03-30-84 1371 821 Management, Ina 2458g it I EXFi7� VIA' (page of__2 � I� VER ti ®� s� • eun. wMo LA T \ WI � w � ��%�.t�l C ,�_S tir✓ ''� .. �v— • � ` / — _ ^_ d ��e r^ III �/ �� \•-�I �i r _ '•FMF — • I„ f u 1 9�1 _ r,s, �� 1 �� 4' Ian m �Ar ter. ✓ I �'°` v 1 • \ t /17$1 11 t` r yrff � _ � 1 ---- -- 4a - y 5 I wn sr I � O ayf ir •II -- It ' s(',; ! 4 hbpV I A I b "� BRAZOS 68 KV pENFRAT/ON � TRANS tSS/ON LINE \\ L) o J, I 1. I I ,-- 1 cnnfn fft 3169 14 Akan Ir c t 5 i J .rorlfr Q sa I .e. LiYG S(w 97'OT30' qi „m000 ray ri yo - \ of s n 4o UU. wrsn Y� MfPPed WINO and B101 shed by Me Geoloileel Survey _ _ . j Iry g tl /[' EXHIBIT page 2 o n / _ 6 n a Isee sra-- L 06 ",- _ _IfSao- I I S 666 $66 - 1, � eoo0)� n4 1, .00 649 �6" ---'I c�So sis ` J Y� ° 6,v IC ledC daei - 0� - 1 6 I �I ^ Sfd —630�1 1 l �� I .� 0 1��(•-ti'1�r1 L C6 o n N - f � 1e CM It ��r/ ``�v � �� L��1� �� =�y -�-•jam,-� �� p L Chin b — n 4` al or-- ---- 1911L THE STATE OF TEXAS S COUNTY OF MCLENNAN j BILL OF SALE That, in consideration of the payment of Thirteen Thousand Three Hundred Ninety Dollars and Seventy Cents ($13,390 70), the receipt of which is hereby acknowledged by Brazos Electric Power Cooperative, Inc (hereinafter termed the "Seller"), said Seller has SOLD, TRANSFERRED, AND CONVEYED, and by these presents does SELL, TRANSFER, AND CONVEY all its right title and interest in 7 51 miles of transmission line known as Brazos Line 205 (H-2) in Denton County, Texas, from the Seller's Structure No 15/6, Line Section XH3, to the Denton Steam Plant Substation, unto the City of Denton, Texas (hereinafter termed "Purchaser"), its successors and assigns, to have and to hold forever For purposes of the Bill of Sale, "transmission line" means the following, to the extent such may exist on the date of execution of this Bill of Sale 103 Poles - Structure No H2A 1/17 through H2 8/8, all lines, appurtenances and any other personal property or fixtures associated with said transmission line This conveyance is expressly made subject to the following ( i) Any lien for current taxes, assessments or govern- mental charges or levies not in default, (ii) No collection of sales tax is part of the consider- ation herein and the Seller believes such sale to be non-taxable under the Limited Sales and Use Tax laws of the State of Texas Should, however, the Comptroller of Public Accounts for the State of Texas determine any sales tax to be due or owing on said sale, the Purchaser shall pay such tax to the Seller for payment to the Comptroller Seller binds itself to WARRANT AND DEFEND said transmission line unto the said Purchaser, its successors and assigns, from and against the lawful claims of whomsoever claims or shall claim the same, or any part thereof, by and through, or under Seller, but not otherwise, subject, however, as aforesaid IN WITNESS WHEREOF, this Bill of Sale is executed on this the day of 1987 BRAZOS ELECTRIC POWER COOPERATIVE, INC , SELLER BY RICHARD EXECUTIVE VICE-PRESIDENT 6 GENERAL MANAGER THE STATE OF TEXAS S COUNTY OF McLENNAN S On this day of , 1987, before me, the undersigned —Notary Public, persona y appeared Richard E McCaskill, personally 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 Brazos Electric Power Cooperative, Inc , 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 WITNESS my hand and official seal NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY U ASSIGNMENT OF EASEMENTS THE STATE OF TEXAS d d KNOW ALL MEN BY THESE PRESENTS COUNTY OF MCLENNAN Q THAT Brazos Electric Power Cooperative Inc , hereinafter termed Grantor a Texas Corporation, for and in consideration of the sum of TEN and no/100 ($10 00) Dollars and other good and valuable consideration paid to Grantor by the City of Denton, Texas, hereinafter termed Grantee the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD CONVEYED, AND/OR ASSIGNED unto Grantee all its right title and interest in and to all easements and any other real property interests associated with the 7 51 miles of right-of-way and transmission line thereupon known as Brazos Line 205 (H-2) in Denton County, Texas, from the Seller s Structure No 15/6, Line Section XH3 to the Denton Steam Plant Substation said easements being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes This conveyance is expressly made subject to the following (i) Any lien for current taxes assessments or governmental charges or levies not in default (Li) Easements, grant,, releases and leases of record in Denton County Texas TO HAVE AND TO HOLD all of Grantor s right title and interest in and to said easements and $aid other real property interests, together with all and singular the rights and appurtenances thereto unto Grantee its successors and assigns forever, so that neither Grantor nor its successors and assigns shall have, claim or demand any right or title to said easements or said other real property interests, premises or appurtenances or any part thereof EXECUTED this day of , 1987 BRAZOS ELECTRIC POWER COOPERATIVE INC Grantor By RICHARD E MCCASKI L EXECUTIVE VICE PRESIDENT 6 GENERAL MANAGER THE STATE OF TEXAS p 4 COUNTY OF HeLENNAN p BEFORE ME, the undersigned a Notary Public in and for said County and State, on this day personally appeared , 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 Brazos Electric Power Cooperative, Inc 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 states GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , A D , 1987 _ Notary Pu is in and or McLennan County, Taxes EXHIBIT A Easement granted by J P Simmons at al, roc in Volume 381, Page 501 Denton County, Texas filed August 4, 1952 - A E Cannon Survey, ABST #232 Easement granted by H D Price & Mrs Luda Price, roc in Volume 381 Page 494, Denton County, Texas filed August 4, 1952 - A E Cannon Survey, ABST #232 Easement granted by A M Stinson rec in Volume 381, Page 496, Denton County, Texas filed August 4, 1952 - A E Cannon Survey, ABST #232 Easement granted by Ban Pinnell & John H King, rec in Volume 1307, Page 330, Denton County, Texas filed December 13 1983 - J C Baker Survey, ABST # 47 Easement granted by J W Roach at al, rec in Volume 384, Page 124 Denton County, Texas filed November 26, 1952 - J C Baker Survey Easement granted by G S Copeland at al, rec in Volume 384 Page 121 Denton County Texas filed October 20, 1952 Easement granted by L R Strickland rec in Volume 386 Page 52 Denton County, Texas filed March 20 1953 - S Kephart ABST #721 B B B & C R R Survey, ABST #190, & A H Settee Survey, ABST #1198 Easement granted by Katharine Penick Durrett, roc in Volume 382, Page 369, Denton County, Texas filed September 13 1952 - A H Serren Survey ABST #1198 Easement granted by J F Mason et ux rec in Volume 381 Page 513 Denton County, Texas filed August 4 1952 - A H Serren Survey ABST #1198 Easement granted by Sarah Powell rec in Volume 381, Page 493 Denton County, Texas filed August 4, 1952 - P Curbler Survey, ABST #300 Easement granted by Arch Brown et ux rec in Volume 384 Page 119 Denton County, Texas filed October 20 1952 - F Curbler Survey ABST #300 Easement granted by Ethel Fuson at al rec in Volume 381 Page 492 Denton County, Texas filed August 4, 1952 - W C Garrison Survey ABST #508 Easement granted by W D Pockrus at ux rec in Volume 384, Page 118 Denton County, Texas filed October 20 1952 - W C Garrison Survey ABST #1545 & B B B & C R R Survey Easement in Denton County,gTexas dfiled August d4 a1952 -t ux rWc Garrison mSurvey e 31PABST age 4901545 Easement granted by John Gassaway at ux rec in Volume 332 Page 499 Denton County, Texas filed September 18, 1958 - W Garrison Survey ABST #1545 Easement granted Adkison, obert 0 Adkison, recin Volume 1297, Page617, Denton County,rEstate Texas filedNovember23, 1983 - M E P & R R R Co Survey, ABST #911 & W Garrison Survey, ABST #1545 Easement granted by Theresa M Adkison Executrix for Estate of Robert 0 Adkison, rec in Volume 1297, Page 619, Denton County Texas filed November 23, 1983 - M E P & R R R Cc Survey, ABST #911 Easement granted by J � Ward at ux roc in Volume 354, Page 402 Denton County, Texas filed October 24, 1949 - G Walker Survey ABST #1330 Easement granted by Joe Akers at ux, roc in Volume 332, Page 484 Denton County, Texas filed December 31, 1946 - G Walker Survey ABST 81330 Easement granted by J B Schmitz at al, roc in Volume 354, Page 394 Denton County, Texas filed October 24, 1949 - G Walker Survey, ABST A1330 Easement granted by C E Broyles at ux, roc in Volume 357, Page 47, Denton County, Texas filed October 24, 1949 - G Walker Survey, ABST #1330 Eessmant granted by Roland Hill at ux roe in Volume 357, Page 56, Denton County, Texas filed October 24 1949 - G Walker Survey, ABST d1330 Easement granted by Emma Opitz Flackman, roc in Volume 357, Page 62 Denton County, Texas filed October 24, 1949 - G Walker Survey ABST #1330 Easement granted by S D Roberts at ux roe in Volume 710, Page 119 Denton County, Texas filed June 11, 1974 - G Walker Survey, ABST #1330 Easement granted by G H Bremner, roc in Volume 357 Page 45 Denton County, Texas filed October 24, 1949 - David Hough Survey, ABST #646 Easement granted by M A Haggard at ux roe in Volume 357, Page 54, Denton County, Texas filed October 24, 1949 - David Hough Survey ABST 8646 Easement granted by S M Volk at ux, roe in Voluma 354 Page 401, Denton County, Texas filed October 24, 1949 - John W Cheek Survay, ABST d324 Easement granted by Satell Investment Management, Inc rec in Volume 1371 page 821, Denton County Texas filed May 30 1984 - John W Cheek Survey ABST R324 Easement granted by C M Simmons at ux roe in Volume 437, Page 613 Denton County, Texas filed June 6 1958 Mary L Austin Survey ABST 84 Easement granted by C M Simmons at ux, roe in Volume 449 Page 439 Denton County, Texas filed August 27, 1959 - Mary L Austin Survey, ABST A4 1911L AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS, REPEALING ORDINANCE NO 87-185, AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is in the best interest of the City of Denton to purchase the electrical equipment and facilities described herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizes— tTFe purchase of electrical facilities and easements from Brazos Electric Power Cooperative, Inc , under the terms and conditions contained in said Agreement, Bill of Sale and Assignment of Easements as attached hereto and incorporated by reference herein SECTION II That the expenditure of funds as authorized in the Agreement— is hereby authorized SECTION III That Ordinance No 87-185 is hereby repealed and the City Secretary is hereby directed to inscribe the fact that said ordinance was repealed effective July 19, 1988 on said ordinance in the official ordinance book SECTION IV That this ordinance shall become effective imme ate y upon its passage and approval PASSED AND APPROVED this the 7' day of , 1988 ATTEST NInlir ALTERS, CITY SECKETAKY PPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY 7 _