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ORDINANCE NO. 2011-134
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE FOR AND ON BEHALF OF THE CITY OF DENTON, TEXAS (THE "CITY") AN
EASEMENT ENCROACHMENT AGREEMENT (THE "AGREEMENT"), BY AND
BETWEEN THE CITY AND THE UNIVERSITY OF NORTH TEXAS ("UNT"),
REGARDING THE ENCROACHMENT BY UNT UPON A DRAINAGE BASIN EASEMENT
OWNED BY CITY, ENCUMBERING AN APPROXIMATE 5.297 ACRE TRACT OF LAND,
MORE OR LESS, LOCATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NUMBER
996 AND THE A.N.B. TOMPKINS SURVEY, ABSTRACT NO. 1246, GENERALLY
LOCATED AT 1251 SOUTH BONNIE BRAE STREET, CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR TERMINATION OF ORDINANCE AND
AGREEMENT UPON FAILURE OF UNT TO APPROVE AND EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
Easement Encroachment Agreement ("Agreement"), by and between the City of Denton, Texas
and the University of North Texas, in the form of the Agreement attached to and made a part of
this ordinance for all purposes.
SECTION 2. In the event the University of North Texas shall not approve and execute
the Easement Encroachment Agreement on or before August 30, 2011, this ordinance and the
Easement Encroachment Agreement shall be null and void and of no further force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 16 day of , 2011.
MARK A. G S, MAY
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 0,-- / I&- A.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: (2-
EASEMENT ENCROACHMENT AGREEMENT
This Easement Encroachment Agreement ("Agreement") is by and between the City of
Denton, Texas, a Texas home rule municipal corporation ("City") and the University of North Texas,
a Texas State University ("UNT"), both City and UNT being governmental entities with the power
and authority to enter into this Agreement.
Whereas, UNT granted and conveyed to the City a Drainage Basin Easement, being filed
under Clerk's File Instrument Number 2004-2786, Real Property Records, Denton County, Texas for
storm water detention basin (the "Drainage Basin") related purposes; and
WHEREAS, UNT has requested permission to use an area within the boundaries of the
Drainage Basin, as described and defined below, located in Denton County, Texas for the installation
of infrastructure described as: three (3) wind generating turbines and associated towers and other
infrastructure and related appurtenances, as depicted on Exhibit `B", attached hereto and made a part
hereof (collectively, the Encroaching Facilities"); and
WHEREAS, the Encroaching Facilities will be located within those portions of the Drainage
Basin more particularly described in Exhibit "A", attached .hereto and made a part hereof by
reference (the "Encroachment Area"); and
WHEREAS, the City Council of the City expressly finds that the granting of consent to
encroach within the Drainage Basin and occupy the Encroachment Area to UNT, upon the terms,
conditions and provisions set forth below, satisfies the public purpose of the City of Denton, Texas;
and
WHEREAS, the functions provided herein are functions each party is authorized to perform
individually; and
WHEREAS, City and UNT have entered into this Agreement to set forth certain
responsibilities related to the use of the Drainage Basin and the Encroaching Facilities.
NOW, THEREFORE, for the consideration set forth herein and the furtherance of the public
purpose of the City of Denton, Texas, the City hereby grants consent to UNT to locate, maintain and
repair the Encroaching Facilities within the Encroachment Area, subject to the following terms and
conditions:
1. It is understood and agreed that the City does not own the fee simple estate to the Encroachment
Area. UNT is responsible to obtain whatever rights and permission, other than the rights granted
herein by the City, that are necessary from any others having an interest in the Encroachment
Area, including, without limitation, any other parties owning easement interests therein. This
Agreement shall extend to and be binding upon UNT and its successors and permitted assigns,
and shall not be interpreted or construed as (i) a conveyance of any real property interest of any
kind or nature; or (ii) a waiver of any rights held by the City within the Encroachment Area,
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except as expressly and specifically provided in this Agreement.
2. The Encroaching Facilities shall be constructed in a manner so as not to interfere with any City
facilities and shall be constructed in accordance with all applicable Code requirements and the
Plans and Specifications (herein so called) to be submitted to City, as provided herein. UNT shall
submit the Plans and Specifications for any contemplated Encroaching Facilities to the City prior
to construction activities of any kind within the Encroachment Area. City may review the Plans
and Specifications for compliance with the applicable portions of the Code. In the event the Plans
and Specifications are not in compliance with the applicable portions of the Code, UNT shall not
conduct any activities related to the Encroaching Facilities until the Plans and Specifications are
modified to comply with the applicable portions of the Code. Once approved, UNT shall not
make any modifications to the Plans and Specifications, without written approval by the City
("Authorized Modifications"), acting by and through the City Engineer. When referring to the
Encroaching Facilities within this Agreement, such term shall mean the Encroaching Facilities
constructed in accordance with the approved Plans and Specifications, Authorized Modifications,
if any, and the applicable portions of the Code.
3. UNT shall not allow any lien or claim of any kind to be filed or asserted on or against the
property interests owned or claimed by City and shall take whatever actions are necessary to
cause the release of such lien or claim in the event such lien or claim is filed or asserted.
4. The Encroaching Facilities are and shall be at all times subordinate to the City's existing
easement rights, including without limitation, the use of the Drainage Basin for storm water
detention and storage purposes.
5. UNT shall, to the extent permitted by law and when not in conflict with the Constitution of the
State of Texas, defend, indemnify and hold harmless the City, its employees, elected officials,
officers and agents from and against any and all claims, expenses, damages, losses and
judgments arising out of or related to the presence, operation and maintenance of the
Encroaching Facilities and/or UNT's occupation or presence on or within the Drainage Basin as
related to the Encroaching Facilities, except that UNT's responsibility to defend, indemnify and
hold harmless as required hereunder shall not apply to cover or protect against negligent actions
or the negligent failure to act of the City, its employees, elected officials, officers and agents.
UNT shall require and cause each contractor of UNT performing any work within or otherwise
occupying the Encroachment Area for purposes related to the Encroaching Facilities, to defend,
indemnify and hold harmless the City, its employees, elected officials, officers and agents, from
and against any and all claims, expenses (including attorneys' fees), damages, losses and
judgments arising out of, related to or incident to their work on the Encroaching Facilities and/or
their occupation or presence on or within the Drainage Basin related to the Encroaching
Facilities. Before performing any work within the Encroachment Area related to the Encroaching
Facilities, UNT shall require its agents and contractors to procure and maintain insurance as
specified in Section 6, below, and to provide to the City such certificate or certificates of
insurance complying with the City's insurance requirements, as set forth in Section 6, below,
prior to any construction activities related to occupation of the Encroachment Area or the
Encroaching Facilities. The covenants contained in this Section 5 shall survive the expiration or
termination of this Agreement.
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6. UNT shall require and cause each contractor performing any work within or otherwise occupying
the Encroachment Area for purposes related to the Encroaching Facilities, to purchase and
maintain the following insurance coverages during all times of construction upon, and/or
occupation of, the Encroachment Area by contractors:
A. Commercial General Liability insurance with a limit of not less than $1,000,000 for each
occurrence and $2,000,000 in the aggregate for bodily injury, death or destruction of
property;
B. Business Auto Liability insurance (including coverage for Owned, Hired and Non -Owned
Autos) with a limit of not less than $500,000.00 for each person and $1,000,000.00 for
each single occurrence for bodily injury or death and $500,000.00 for each single
occurrence for injury to or destruction of property.
The Commercial General Liability insurance and the Business Auto Liability insurance required
herein shall name the City as an "Additional Insured", for damages arising from or related to the
construction and maintenance of the Encroaching Facilities and/or occupation of the
Encroachment Area.
During the term of this Agreement, UNT shall maintain the self insurance coverages as set forth
in that certain letter, dated August 15, 2011, attached hereto as Exhibit "C", or as otherwise may
be approved in the future by the State Office of Risk Management ("SORM"). In the event of a
change of self insurance coverage approved by SORM, UNT shall provide a replacement letter
evidencing such coverage to the City as soon as reasonably practicable.
7. UNT shall limit construction and other operations required for construction of the Encroaching
Facilities so as to prevent construction equipment from damaging existing City facilities located
within the Encroachment Area and other areas. Without limiting the generality of Section 5
above, and without waiver of any statutory immunities or defenses allowed by law, UNT and
UNT's contractors shall be responsible for any damage that they cause, in whole or in part, to any
City facilities located within the Encroachment Area and damaged by activities conducted
pursuant to this Agreement. However, notwithstanding the foregoing, UNT and UNT's
contractors shall not be responsible for any damage to the extent caused by the negligence of
City, or its employees, elected officials, officers or agents.
8. The City shall not be responsible for any costs of construction, operation and maintenance or any
other matter related to the Encroaching Facilities. It is further agreed that the City shall not be
liable or responsible for any damage to the Encroaching Facilities as a result of the City's non -
negligent use or public's use of the Drainage Basin, and UNT, for itself, its successors and
assigns, hereby releases the City, its officers, employees, elected officials, and agents, from and
against any and all claims, damages and losses, of any kind or nature to the Encroaching
Facilities, as a result of or related to the City's non -negligent use or public's use, of any kind, of
the Drainage Basin and/or activities related to the planning or approval of the Drainage Basin.
The covenant and release set forth in this Section 8 shall survive the termination of this
Agreement. The provisions set forth in this Section 8 shall not be construed, in any way, manner
or form, as a release by UNT of any damage to the extent caused by the negligence of City, its
3
employees, elected officials, officers or agents.
9. UNT shall not place any structure or other matter of any kind, other than the Encroaching
Facilities, upon Encroachment Area except as allowed in this Agreement or in the Easement
Agreement granted to the City by UNT.
10. Grading, if permitted, shall be conducted so as to leave the Encroachment Area in the condition
existing prior to any activities conducted pursuant to this Agreement. Spoil dirt and all trash shall
be removed from the affected areas.
11. Construction equipment and materials shall not be stored on the Encroachment Area or within the
Drainage Basin related to the construction, operation or maintenance of the Encroaching
Facilities. Except as otherwise provided in the Plans and Specifications and the Authorized
Modifications, if any, this Agreement does not provide authority, or consent of the City, for UNT
to occupy any portion of the Drainage Basin other than the Encroachment Area or as UNT may
have authority to occupy as fee title owner of the Drainage Basin.
12. In the event of default by City or UNT in any of the terms and conditions herein contained and
such default continues for a period of forty five (45) days after the non -defaulting party provides
notice of such default to the defaulting party, the non -defaulting party may, as its sole and
exclusive remedy, either (i) terminate this Agreement; or (ii) seek specific performance of the
terms of this Agreement.
13. UNT shall not be permitted to sell, assign, partially assign or transfer its interest in this
Agreement, or any of its rights, duties, or obligations hereunder, without the prior written consent
of the City. City shall not unreasonably withhold, delay or deny such consent or approval,
although the City may condition consent on the express assumption of all obligations of UNT
herein by the proposed assignee. No transfer, assignment or other change in rights granted by this
Agreement shall be effective until the City shall have consented to such activity.
14. The failure of either party to enforce, or insist upon compliance with, any of the terms,
limitations or conditions of this Agreement shall not constitute a general waiver or
relinquishment of any such terms, limitations or conditions, but the same shall be and remain at
all times in full force and effect.
15. This Agreement shall expire upon the earlier to occur of (i) the abandonment of the Encroaching
Facilities; (ii) removal of the Encroaching Facilities from the Encroachment Area; and (iii)
termination of this Agreement as otherwise provided herein. Upon expiration or termination of
this Agreement, UNT may remove the Encroaching Facilities from the Encroachment Area at
UNT's sole option. Any occupation of the Drainage Basin in connection with such removal
related activities shall be completed in accordance with a mutually agreeable schedule.
Insurance, as required in Section 6, above, along with proof thereof satisfactory to the City, shall
be maintained by UNT and its contractors during such agreed upon removal period.
16. This Agreement shall be governed by and construed under the laws of the State of Texas and is
fully performable in Denton County, Texas. SOLE AND EXCLUSIVE VENUE FOR ANY
4
ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL
EXCLUSIVELY LIE IN COURTS OF COMPETENT JURISDICTION LOCATED IN
DENTON COUNTY, TEXAS.
17. Each party paying for the performance of governmental functions or services must make those
payments from current revenues available to the paying party.
18. Neither City nor UNT waive, nor shall City and UNT be deemed by this Agreement to waive,
any immunity or defense that would otherwise be available to it respecting any claim(s) made or
arising from any act or omission arising under this Agreement.
19. All notices required by, or to which otherwise pertain to this Agreement, shall be sent by U.S.
mail, postage prepaid, certified mail, return receipt respected, to the address set forth below,
hand -delivered or sent via telephonic facsimile. Notice shall be effective upon the placing in the
U.S. mail, as described above, or date of hand delivery or telecopy of the notice, to the addresses
and/or facsimile numbers set forth below:
Cam:
City Manager
City of Denton, Texas
215 E. McKinney
Denton, Texas 76201
Facsimile: (940) 349-8596
UNT:
Vice Chancellor Administrative Services
University of North Texas System
LINT System Building
1901 Main St., Suite #216A
Dallas, Texas 75201
Facsimile: (214) 752-8827
20. This Agreement and that certain Drainage Basin Easement ("Easement Agreement"), dated on or
about December 16, 2003, by and between the City and UNT, filed as Document No. 2004-2786,
Real Property Records, Denton County, Texas constitute the entire Agreement between City and
UNT regarding the subject matter of this Agreement, and supersede all other negotiations,
representations, statements, understanding and/or agreements whether written or oral in nature.
21. This Agreement may be amended only by a duly authorized written document executed by a duly
authorized official of both the City and UNT.
22. In the event that any provision of this Agreement shall be found by a court of competent
jurisdiction to be contrary to law or otherwise invalid, the remaining portions of this Agreement
shall remain valid and in full force and effect, to the extent lawfully possible.
23. UNT and the City each hereby represent and warrant to the other party, that the undersigned are
the properly authorized officials of the City and UNT, and have the necessary authority to
execute this Agreement for and on behalf of their respective governmental entity. Further, UNT
and City hereby represent and warrant to the other party that any necessary ordinances or
governmental actions establishing such authority have been duly passed and are now in full force
and effect. Further, UNT represents and warrants to the City that it has the authority to enter into
and perform this Agreement in accordance with terms hereof.
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24. It is expressly stipulated by UNT and the City that time is of the essence with respect to this
Agreement.
Dated to be effective as of the &4day of , 2011.
CITY OF DENTON, TEXAS
BY: '
GEORGE C. CAMPBELL
CITY MANAGER
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By , , U, T ,
AP OVED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
UNT:
UNIVERSITY OF NORTH TEXAS
By:
Nam Jean Bush- Senior Associate
Title: Vice President for Finance
ATTEST:
UNIVERSITY OF NORTH TEXAS SYSTEM
By:
Name:
ATTEST:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on _ , 2011 by GEORGE C.
CAMPBELL, City Manager of the City of Denton, Texas on behalf of such municipality.
JANE E. RICHARDSON
Notary Public, State of Texas
My Commission Expires
June 27, 2013
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Public in and for the St to of Texas
My Commission Expires:
ACKNOWLEDGMENT
his instrument was acknowled ed before
Gharl or �►'
University on behalf of sucrr'h wtwi ersi v� S
J VoS ,
o ary Public in and for the State of S
My Commission Expires: DS10417,L14
DA1ME THOMSON
*; * Notary Public
° • STATE OF TEXAS
New t�oaa
me on USA" 1 1 2011 by
the University of North Texas,, a Texas State
s ys�r�
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on 'l -Z , 2011 by
Shtl of the University of N&fh Texas-ysfem, a Texas State
University.Syst on behalf of such eysttm. on I vers rho .
Notary Public in and for the Stat f lexo 5
My Commission Expires:
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EXHIBIT "A" Page 1 of 4
Exhibit "A"
Metes and Bounds Description of a 9,584 Square Foot (0.2200 Acre) Tract of Land
A. N. B. Tompkins Survey, Abstract Number 1246.
E. Puchalsky Survey, Abstract Number 996
City of Denton, Denton County, Texas
Being a 9,584 Square Foot (0.2200 Acre) tract of land situated in the A. N. B. Tompkins Survey, Abstract
Number 1246, and in the. E. Puchalsky Survey, Abstract Number 996, in the City of Denton, Denton
County, Texas, being part of that certain tract of land described in a deed to the State of Texas, for the
benefit of North Texas State Teachers College, recorded in Volume 350, Page 271, Deed Records,
Denton County, Texas, being part of another certain tract of land described in a deed to the State of
Texas, for the benefit of North Texas State Teachers College, recorded in Volume 291, Page 82, Deed
Records, Denton County, Texas, and being part of that certain Drainage Basin Easement described in a
deed to the City of Denton, Texas, recorded in Instrument Number 2004-2786, Deed Records, Denton
County, Texas, being more particularly described as follows:
COMAUNCING at a 1/2" iron rod found at the intersection of the north line of Willowwood Street (a 50
foot right-of-way) with the east line of Bonnie Brae Street (a variable width right-of-way);
THENCE North 00026'43" West, along the east line of said Bonnie Brae Street, a distance of 614.60 feet
to a point;
THENCE North 00129'52" West, along the east line of said Bonnie Brae Street, a distance of 379.83 feet
to a point;
THENCE North 00032'21" West, along the east line of said Bonnie Brae Street, a distance of 206.97 feet
to the southwest corner of said Drainage Basin Easement;
THENCE North 89048' 55" East, along the south line of said Drainage Basin Easement, a distance of
199.81 feet to a 5/8" iron rod stamped "JQ Eng" set at the POINT OF BEGINNING;
THENCE crossing said Drainage Basin Easement, the following thirteen (13) courses:
1.) . North 00-41' 11" West, a distance of 93.41 feet to a 5/8" iron rod stamped "JQ Eng" set for
comer;
2.) South 89°18'49".West, a distance of 21.93 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner;
3.) North 00°41' 11." West, a distance of 20.00 feet. to a 5/8" iron rod stamped "JQ Eng" setfor
corner;
4.) . North.89°18'49" East, a distance of 21.93 feet to a 5/8" iron rod stamped "JQ Eng" set for
comer;
Exhibit "A", Page I of 4
EXHIBIT "A" Page 2 of 4
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5.) North 00.41' 11" West,' a distance of 370.68 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner;
6.) South 89-18'49" West, a distance of 37.41 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner;
7.) North 00'41' 11" West, a distance of 20.00 feet to a 5/8" iron rod stamped "JQ Eng" set for
comer;
8.) North 89018'49" East, a distance of 37.41 feet to a 5/8".iron rod stamped."JQ Eng" set for
comer;
9.) North 00.41' 11" West, a distance of 289.86 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner;
10.) South 89118'49" West, a distance of 12.88 feet to a 5/8" iron rod stamped "JQ Eng" set for
comer;.
11.) North 00041' 11" West, a distance of 20.00 feet to a 5/8" iron rod stamped "JQ Eng" set for
comer;
12.) North 89°18'49" East, a distance of.22.88 feet to a 5/8" iron rod stamped "JQ Eng" set for.
comer;
.13.) South 00*41'11" East, a distance of 814.04 feet to a 5/8" iron rod stamped "JQ Eng" set for
comer in the south line of said Drainage Basin Easement;
THENCE South 89048'55" West, along the south line of said Drainage Basin Easement, a
distance of 10.00 feet to the POINT OF BEGINNING, containing 9;584 Square Feet or 0.2200
of an acre of land.
BASIS OF BEARINGS: Bearings are based on'the State Plane Coordinate System, N.A.D. 83,
Texas North Central Zone 4202. All distances described herein are surface and may be converted
to grid by dividing by TxDOT conversion factor of 1.000150630. -
Company Name: Jaster-Quintanilla.Dallas, L.P.
By: 2l JvLY201
Surveyor' Name: Christopher Maman
Registered Professional Land Surveyor, Texas No. 5532
Exhibit "A', Page 2 of 4
SURVEY:
A. N. B. TOMPKINS SURVEY, ABSTRACT NO. 1246, AND E. PUCHALSKY SURVEY, ABSTRACT NO. 996
LOCATION:
CITY OF DENTON, DENTON COUNTY, TEXAS '
EASEMENT ACQUISITION:
0.2200, ACRE
— MATCH LINE
PLAT OF EXHIBIT "A"
�D, 996
SURVEY, A
BASIS OF BEARINGS:
STATE PLANE
(NAD 83). c I E, PUCHALSKY
M A-996 SURVEY LINE
_
A-1246 APPROXIMATE LOCATION
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State of Texas
for the benefit of North Texas State Teachers. College
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Drainage Basin Easement _ I Volume 291, Page 82
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Instrument No. 2004-2786 c Deed Records, Denton County, Texas
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Deed Records, Denton County, Texas 4 I
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Volume 350, Page 271
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Deed Records, Denton County, Texas
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5/8" CAPPED IRON ROD STAMPED "JO ENG" SET AT EACH .CORNER AND
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NOTE: BEARING AND DISTANCE BETWEEN THE CONTROLLING MONUMENTS
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SHOWN HEREON IS N89'54'56"E, A DISTANCE OF 1267.79'.
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BY DIVIDING BY TxDOT CONVERSION FACTOR OF 1.000156630.
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Controlling Monument Controlling Monument
WILLOWWOOD STREET
(Fd 1/2"IR ' Fd 1/2"IR
' / S89'51'10"W 628.59' S89'58 39"W 639.20' I �
WILLOWWOOD STREET
LOCATION . MAP OF EASEMENT AND
WHOLE PROPERTY BOUNDARY (N.T.S.)
(50' RIGH -OF-WAY)
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GRAPHIC SCALE
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JASTER— UINTANILLA DALLAS, LLP
0 100 200
CHRIPHER STOMAM�N'
CONSULTING ENGINEERS
2105 COMMERCE o . SUITE 100 a DALLAS, TX 75201
,d 5532
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( IN FEET )
214 752-9D98
FAX 214 752-3800
1 inch = 100 ft.
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PREPARED BY: D.R.M.
CHECKED BY. C.M.
DATE: JULY, 2011
JOB NO.: 4100683.01
PAGE 3 OF 4
PREPARED FROM PUBLIC RECORDS
CVLJIDIT --A^ Dine A of A
SURVEY: A. N. B. TOMPKINS'SURVEY, ABSTRACT NO. 1246, AND E. PUCHALSKY SURVEY,'ABSTRACT NO. 996
LOCATION; CITY OF DENTON, DENTON COUNTY, ,TEXAS
EASEMENT ACQUISITION: 0,2200 ACRE'
PLAT OF EXHIBIT 'A°
BASIS OF BEARINGS: STATE PLANE (NAD 83): \`
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Drainage Bos)n Easement
I SURVEY, P-996
Instrument No. 20D4-2786
I pUCHALSK Y .
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Deed Records, Denton County, Texas
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WILLOWWOOD STREET VARIABLE WIDTHb
TRACT OF LANDN
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LOCATION MAP OF EASEMENT AND
WHOLE PROPERTY BOUNDARY (N.T.S.)
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POINT OF INTERSECTION OF THE 9,584 SQUARE FOOT TRACT OF LAND.
NOTE: ALL BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM, N.A.D. 83 TEXAS NORTH CENTRAL ZONE 4202. ALL
DISTANCES SHOWN ARE SURFACE AND MAY BE CONVERTED. TO GRID
BY DIVIDING BY TXDOT CONVERSION FACTOR OF 1.000150630.
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GRAPHIC SCALE
b v,OF. 7,
JASTER—QUINTANILLA DALLAS, LLP
0 100
200
CHRISTOI?H,ER MAMAN
CONSULTING ENGINEERS
2105COMMERCE a SUITE 100 n DALIAS, TX 75201
,e 5532 y:
d,`d!'8
( IN FEET )
214 752-0098 FAX,214 752-3800
9 Inch = 100 ft.
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PREPARED BY: D.R.M.
CHECKED BY: C.M.
DATE: JULY, 2011 JOB NO.: 41OD683.01
PAGE 4 OF 4
PREPARED FROM PUBLIC RECORDS
EXHIBIT "B"
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UNIVERSITY OF NORTH TEXAS
EAGLE POINT WIND TURBINES
ENCROACHMENT AREA
Exhibit C
l: lNl1�ft1'T'`il l��' 01=
C)i;;rchcr dw po;t :r o17
RISK MANAGEMENT SERVICES
August 15, 2011
City of Denton
215 Fast McKinney Street
Denton, Texas 76201-4229
Re: Statement of Self Insurance.
To Whom It May Concern:
The University of North Texas (UNT), as a Texas state agency, is self -insured for Commercial General
Liability and Workers' Compensation.. Consequently, UNT cannot provide certificates of insurance for
these coverages.
The State of Texas and its agencies are protected by the doe6hic of sovereign imnnwity; however, the
Texas Tort Claims Act, V.T.C.A. Civil Practice and Remedies Code, Chapter 101, Section 101.021
outlines the liability of the State in certain situations. The limits of liability are $250,000 for each
person, $500,000 for eacli single occurrence of bodily iIijury or death, and $100,000 for each single
occurrence of damage or destruction of property. Following this limited exposure, UNT and its
employees are self -insured up to the aforementioned limits.
Workers' Compensation coverage is provided through a self-insurance program adniutistered by the
State Office of Risk Management (SORM), SORM reviews, adjusts, and pays employee Injury claims
on behalf of UNT according to Texas Department of Insurance rules and regulations.
UNT does purchase Business Automobile, Directors and Officers/Employment Practices Liability, and
other selected lines of insurance.
If additional information is needed, do not hesitate to contact me. UNT attorneys can answer any legal
questions concerning the Texas Tort Claims Act, or any contractual or other issue with legal
implications.
''ncerely,
)4---
Doug W lch
Risk M, nager
1155 Union Circic i'#31.0950 1 Denton. Texas 76203-501TEL 9°10.565.2109 1 FAX 940.565.1919 ( TTY 9.10.369.5652 I en1.5.1nr.c•c1u