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Home My WebLink About1980-065ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE GRANT OF AN EASEMENT TO THE TEXAS MUNICIPAL POWER AGENCY AND BRAZOS ELECTRIC POWER COOPERATIVE, INC , FOR MICROWAVE COMMUNICATIONS FACILITIES TO BE LOCATED ON REAL PROPERTY OWNED BY THE CITY, AND MAKING CERTAIN FINDINGS INCIDENTAL THERETO, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Municipal Power Agency (TMPA) and Bra705 Electric Power Cooperative, Inc (Brazos) entered into a microwave contract dated September ?6, 1977, and WHEREAS, certain of the microwave facilities to be constructed pursuant to such contract are to be located on property owned by the City of Denton, Texas, and WHEREAS, it is the desire of this governing body to authorize the grant of an easement to TMPA and Brazos for the construction of microwave facilities which will serve as a communications link between this city, TMPA, and Brazos, and WHEREAS, it is the further desire of this governing body to waive the law of fixtures as it might apply to such microwave facilities, in order that TMPA and Brazos and not this city should remain the owner of such microwave facilities, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The recitals contained in the preamble hereof are found to he true and are adopted as findings of fact by this governing body SECTION II That this governing body, on behalf of the City of Denton, Texas, hereby grants an easement to the Texas Municipal Power Agency and the Brazos Electric Power Cooperative Inc , such easement to be in the form attached hereto as Exhibit A, which exhibit is made a part of this ordinance for all legal intents and purposes SECTION III_ That the Mayor of this City of Denton, Texas, be and is hereby authorized to execute such instruments as are necessary to grant such easement to the Texas Municipal Power Agency and Brazos Electric Power Cooperative, Inc , and to take such other actions as are necessary to implement the spirit and intent of this ordinance PASSED AND APPROVED this the day of August, 1980 I R, 0 T , CIT OF DE TON, TEXAS ATTES OF DENTON, TEXAS APPROVED AS TO LEGAL FORM N Y CITY 0 DENTON TEXAS Vol rU3 PA'U'r' 8) 5 EASEMENT THE STATE OF TEXAS DEED RECORDS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 24930 That the City of Denton, a municipal corporation, acting herein by and through its Mayor, of the County of Denton, Texas, hereinafter called "Grantor",, for and in consideration of the sum of TEN and NO1100 DOLLARS and other good and valuable consideration, receipt of which is hereby acknowledged, paid by Texas Municipal Power Agency, a municipal power agency created under the authority of Article 1435a, Tex. Rev. Civ. Stat. Ann... and Brazos Electric Power Cooperative, Inc., hereinafter called "Grantees", has granted, sold and conveyed, and by these presents does grant, sell and convey unto Grantees, subject to the reservation hereinafter made, an easement and right-of-way for the purposes of constructing, reconstructing, operating, maintaining, inspecting, increasing or reducing the capability of, repairing, and relocating certain microwave communications facilities, consisting of a microwave tower, antennas, and associated equipment; microwave RFY multiplex and VF termination equipment; cabinets., batteries., battery rack., battery charger, dehydrator, control house, and miscellaneous cabling and terminations; and microwave transmission line between the antennas and the RF equipment; said easement and right-of-way being over, across, and upon land in Denton County, Texas, more particularly described as follows: All that certain lot., -tract or parcel of land lying and being situated in the City and County of Denton, C> State of Texas., and being part of the M. Austin Survey, Abstract No. 4, and also being part of a tract of land as conveyed from Len R. Henderson and wife., Marcella S. Henderson to the City of Denton, Texas by Warranty Deed dated 10-13-54 and recorded in Volume 3985 Page 576 of the Deed Records of Denton County, Texas, and more particularly described as follows: Comme,ncino, at a point in the east boundary line of said City of Denton tract, said point also being the southwest corner of a tract of land conveyed by Alex Dickie to the City of Denton as recorded in Volume 648 Page 105 of the Deed Records of Denton County, Texas;. C> Thence South 10331 West along the east line of said city tract a distance of 402.56 feet to a point for a corner; Thence South 870 541 West a distance of 852.25 feet to a point for a corner; Thence South 20 18148" East a distance of 20 feet to the point of beginning, said point also being the westerly east corner of an existing building; Thence south 870 41112" West along the northerly 0 north wall of the existing building a distance of 10.5 feet to a point for a corner; Thence North 20 18148" West a distance of 32 feet to a point for a corner; Thence North 870 4111211 East a distance of 50 feet to a point for a corner; Thence South 20 1814811 East a distance of 50 feet to a point for a corner, said point being the southerly nort-hwall of an existing building. Thence South 870 4111211 West along the southerly north wall of the existing building a distance of 39.5 feet to a point for a corner, said point also being an inner ell of said existing building; C> Thence North 20 18'48" West along the westerly east wall of said existing building a distance of 18 feet to the place of beginning and containing 2311 square feet of land more or less. together with the right of ingress and egress over Grantor's ad 4 acent lands to or fro-..i said easement and right-of-way. It is expressly agreed that all facilities placed on the above described land by Grantees, or either of them,, shall be and remain the property of Grantees in their respective ownership shares as tenants in common; provided, however, that Grantor shall have the right, at such time as Grantees abandon the above described easement and rights, to remove at Grantees' expense such microwave communications -facilities then remaining on the above described land. rights unto Grantees, their successors and assigns, until said easement and rights are abandoned. Grantor reserves the right to continue the present uss being made by Grantor of the above described land and the right Z> to use the above described land in any manner that will not endanger or unreasonably interfere with the microwave The easement and rights granted hereunder may be assigned in whole or in part provided that any such assignment .4 1 nw. 133 V857 UL PAGE ; VOL1033 !'AGE 853 shall be subject to the rights of Grantor set forth herein and provided further that Grantees shall not permit any assignee to make any other or different use of the, premises covered by this Lt is expressly understood that Grantor.% as additional consideration for the granting of this easement., will be held. harmless by Grantees, their successors and assigns, against any claims on account of death, injury, or damages resulting from the installation., operation and maintenance of said microwave communications facilities (except claims on account of death, injury, or damages caused by the negligence of Grantor., its employees or agents.) �qTTNESS the, hand and seal of the City of Denton, Texas., this d ay of 1980. CITY OF DENTON TEXAS BY: D 0 SI JEW11 ATTEST: I3i-0 K -H 0 1-1 "'-T —'C I T Y R, T"T MY QITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Richard 0. Stewart, Mayor of the City of Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein ex -pressed,- in the capacity therein stated and as the act and deed of said City of Denton., Texas. ",,-,GIVBN UNDER MY HAND AND SEAL OF OFFICE this day of Ati'g"L'Ikt" 1980. NOTARY 'FAJBLIC IN AND FOR DENTON COUNTY, TEXAS