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HomeMy WebLinkAbout1983-058NO AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM MEL WHEELER, INC , OF CERTAIN REAL PROPERTY SITUATED IN THE J FISHER SURVEY, ABSTRACT NO 421, DENTON COUNTY, fEXAS, AND RECORDED IN VOLUME 808, PAGE 426 OF THE DEED RECORDS OF DENTON COUNTY TO THE CITY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY AS AN EASEMENT FOR WATER PIPELINES AND DECLARING AN EFFECPIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The City of Denton, Texas, hereby accepts the conveyance and dedication by deed from Mel Wheeler, Inc , of that certain real property situated in the J Fisher Survey, Abstract No 421, Denton County, Texas, and recorded in Volume 808, Page 426 of the Deed Records of Denton County to the City of Denton, Texas, for the use of said property as an easement for water pipelines, said property being more particularly described as follows All that certain 0 024 acre tract or parcel of land situated in the J Fisher Survey, Abstract No 421, Denton County, Texas, said tract being part of tract occupied on the ground as tract shown by deed to Mel Wheeler, Inc , as recorded in Volume 808, Page 426 of the Deed Records of Denton County, texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of tract described in said deed to Mel Wheeler, Inc , said point being the point of intersection of the east right of way line of Farm Market Road 2181 and the south line of the said Fisher Survey, THENCE north 33117' west along the east right of way line of said Farm Market Road 2181 a distance of 60 0 feet to a point, THENCE north 56043' east 16 0 feet to a point for corner, THENCE south 33017' east, parallel to and 16 feet northeasterly of said Farm Market Road 2181 a distance of 70 70 feet to point in south line of said Fisher Survey, THENCE north 89*30' west 19 25 feet to the place of beginning SECTION II The City of Denton hereby accepts the conveyance and dedication of the real property described in Section I hereof for the purposes of an easement for water pipelines SECTION III That this ordinance shall become effective immediately upon its passage and approval PAGE 1 PASSED AND APPROVED this the 7�7�day of ��, 1983 1T OF D NTON, TEX ATTEST ff.d"-t "/�a CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, 'TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNLY CITY OF DENTON, TEXAS BY PAGE 2 THE STATE OF TEXAS X X COUNTY OF DENTON X EASEMENT This Easement from MEL WHEELER, INC , (hereinafter called the "Grantor"), to CITY OF DENTON, TEXAS, a home -rule municipal corporation of the State of Texas (hereinafter called the "Grantee") WYTNESSETH The Grantor, for and in the consideration of the sum of TEN AND NO/100THS ($10 00) DOLLARS, cash in hand paid by Grantee, the receipt and sufficiency of which consideration is hereby confessed and acknowledged, and in further consideration of the mutual promises and covenants hereinafter contained, does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee, its successors and assigns (subject however, to the reserva- tions hereinafter contained in favor of Grantor, its successors and assigns) an ease- ment to construct, inspect, maintain, repair and operate water pipelines for the sole purpose of transporting under and through that certain tract or parcel of land in the J FISHER SURVEY, ABSTRACT NO 421, Denton County, Texas, being more particularly described as follows All that certain 0 024 acre tract, or parcel of land situated in the J FISHER SURVEY, ABSTRACT NO 421, Denton County, Texas, said tract being part of tract occupied on the ground as tract shown by deed to Mel Wheeler, Inc , as recorded in Volume 808, page 426 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of tract described in said deed to Mel Wheeler, Inc , said point being the point of intersection of the east right of way line of Farm Market Road 2181 and the south line of the said Fisher Survey, THENCE North 330 17' West along the east right of way line of said Farm *Market Road 2181 a distance of 60 0 feet to a point, THENCE North 560 43' East 16 0 feet to a point for corner, THENCE South 330 17' East, parallel to and 16 feet northeasterly of said Farm Market Road 2181 a distance of 70 70 feet to point in south line of said Fisher Survey, THENCE North 890 30' West 19 25 feet to the place of beginning II This grant of easement and the rights herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations and exceptions, to -wit (1) Grantee shall not have any rights whatsoever with respect to any pre- mises of the Grantors outside the boundaries of the Easement (2) Grantee shall not construct, build, install, maintain or have any above- ground structures, installations, equipment or apparatus on or within the boundaries of the Easement (3) Grantee agrees that each water pipeline to be constructed by it on the 0 Easement shall be buried to a depth of at least seven feet measured from the top of the pipe to the surface of the ground U/`� (4) Grantee agrees that within forty-five (45) days after completion of the construction of the water pipelines under the Easement, Grantee will smooth, level and fill the Easement wherever the performance of such work is necessary to cause the Easement to be restored as nearly as feasible to its original surface conditions In the event, after the initial smoothing, filling and leveling by Grantee, the surface over the Easement becomes unlevel within one (1) year after completion of the initial filling and leveling of the surface over the Easement because of any reason whatsoever not caused by Grantors (including, without limitation, by subsidance, inspection, maintenance , repair, operation, replacement and/or removal of the water pipelines located on the Easement), Grantee will fill, smooth and level said area until the surface over the Easement is restored as nearly as feasible to the original surface condition thereof In addition, Grantee agrees that if the Easement becomes unlevel because of any future work performed by Grantee on the water pipelines, Grantee will till, smooth and level said areas until the Easement is restored as nearly as feasible to its original surface conditions (5) Grantee shall not fence the boundaries of the Easement Grantors reserve the exclusive right to fence the whole or any part of the Easement, provided however, any such fencing may be removed and restored by Grantee in the exercise of its rights hereunder and any such fencing by Grantors shall be done in such a manner as to leave adequate access to the surface of the Easement by the Grantee (6) Grantors reserve for themselves, their successors and assigns, the un- limited right and privilege at any time and from time to time to construct, place, lay, maintain, inspect, protect, operate, repair, alter, change the size of, substitute, place and remove fences, ditches, drainage facilities, pipelines, parking lots, roads, streets (constructed out of dirt, shell, concrete or blacktop or any combination of the same) sidewalks and utilities lines (including, but not without limitation, water, storm severage, gas, sanitary sewerage and electrical power lines) on, over, under, through and across the Easement, provided, however, such reserved rights shall be exercised in a manner so that not less than five feet (5') of earth (measured from the top of each of Grantee's pipelines) shall be left undisturbed (7) This Easement and all rights granted to Grantee hereunder are expressly made subject to all validly existing restrictions, covenants, conditions, rights -of - way, easements, mineral reservations, royalty reservations, mineral leases and mineral interests, of record, if any, affecting the lands affected hereby (8) Grantee agrees to keep the Easement glean and free of all debris re- sulting from or arising solely of Grantee's acts orloperations thereon (9) Within thirty (30) days after the da4e of the completion of the con- struction of the water pipelines under the Easement Grantee shall furnish and deliver to Grantors a written certified statement signed by Grantee certifying that the pipe- lines so constructed are located within the boundaries of the Easement and at the depth required herein - f (10) Grantee agrees that this Easement shall terminate and automatically revert to Grantors, free and clear of any right, title or interest in Grantee if at any time after the initial construction of the water pipelines the Easement is abandoned by the Grantee or the purpose of this grant of easement is changed, modified or altered by Grantee without Grantors express written consent (11) Grantee agrees that Grantor shall not ever be obligated to pay any fees 4 c r.�rge- of -whatever -kind eo-utapwa" 4W "tie -on" to airy City of Denton water pipe- lines for use of water on �attj property owned by Grantor along Teaseley Lane III Subject to the terms, agreements, reservations, conditions, covenants, limitations and exceptions set forth in paragraph I and paragraph II above, Grantee shall leave all the rights and benefits necessdry for the full enjoyment and use of the rights granted herein, together with the rights of ingress to and egress from the Easement, said ingress and egress, however, being strictly limited to the boundaries of the Easement after initial construction In addition to the rights reserved by Grantors in paragraph II above, Grantors shall also have the right to use and enjoy the Easement for any other purpose whatsoever which does not interfere with Grantee's use of the Easement for the purposes for which the same is granted, provided, however, except as allowed under the provisions of paragraph II hereof, Grantors shall not erect or construct any buildings, houses, barns or other improvements or structures within the boundaries of the Easement, nor will Grantors plant trees on the Easement TO HAVE AND TO HOLD the Easement for the purposes herein set forth and sub- ject to the terms, limitations, covenants and agreements herein contained, unto Grantee, its successors and assigns All rights, privileges and obligations created by this instrument shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto No sale or division of the land hereinabove described shall increase or change the rights and obligations of Grantee hereunder, and any subsequent owner or owners of said land shall be substituted for and in place of Grantors herein This grant covers all the agreements between the parties and no representa- tions or statements, verbal or written, have been made modifying, adding to or changing the terms of this Easement s/ EXECUTED this the ��' %`1 day of�� , 1983 "GRANTOR" - MEL WHEELER, INC ATTEST By BY ACCEPTED BY "GRANTEE" - CITY OF DENTON, TEXAS By ACCEPTED BY ORDINANCE NO , DATED THE STATE OF TEXAS X X COUNTY OF DENTON X BEFORE ME, the undersigned authority, on this day personally appeared Iy&" /-, ✓ , 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 MEL WHEELER, IAC , 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 _le) 114 day of , EUNICE COXSEY o � d� ItcaAe9NaAmp* a+� 01 �� THE STATE OF TEXAS X COUNTY OF DENTON X NOTARY PUBLIC IN ANY FOR HE STATE OF TEXAS XSe , (Printed Name/of Notary) MY COMMISSION EXPIRES f r4 BEFORE ME, the undersigned authority, 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 CITY OF DENTON, TEXAS, a corporation, and that he executed the same as the act of such corporation for the purposes and con— sideration therein expressed, and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of 1983 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS (Printed Name of Notary) MY COMMISSION EXPIRES 0 May 5, 1983 Mr Earl Jones Capitol Construction Protects Coordinator City of Denton 215 E McKinney Street Denton, Texas 76201 Dear Mr Jones After my conversation with you on May 4, 1983 whereby you informed me that the City of Denton had no ob]ection to Mr Mel, Wheeler being able to tie into the water line that we are currently installing along Teasley Lane Please be advised as consideration for the 16 ft utility easement, granted by Mr Wheeler to the City of Denton (See attached copy of easement) I hereby wave any reimbursement from Mr Wheeler for the purpose of tieing into the water line Also any agreement I made with him was strictly between Mr Rheeler and Lakewood Estates Sincerely Yours,, - e�jJ0&44-2;:1't/ R J Button , Managing Partner RJB/d3 c c Mr Mel Wheeler ROUTE 6 • DENTON TEXAS 76201 • (817) 566 5573