HomeMy WebLinkAbout04-28-81
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AGENDA
CITY OF DENTON CITY COUNCIL
April 28, 1981
I
special Called Meeting of the City of Denton City council at 5100
p,m, Tuesday, April 28, 1981 in the Council Chambers of the
Municipal Building at which the following items of business will be
considered.
5100 p.m.
.
Executive Sessiont
A. Legal Matters - Under see. 2(e), Art, 6272-17 V,A.T,S.
B. Real Estate - Under See. 2(f), Art, 6252-17 V,A.T.S. o
C, Personnel - Under Sea. 2(g), Art. 6252-17 V,A,T,S.
a..
D, Board Appointments - Under Sec. 2(9), Art, 6256-17
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V,A,T.8,
700 p.m.
.f x e
24 Consent Agenda
Each of these items is recommended by the Staff and
j approval thereof will be strictly on the basis of the Staff
recommendations, Approval of the Content Agenda authorises
the City Manager or his designee to implement each item in
accordance with the Staff recommendations. A, Plate
I Approval of the final plat of part of lots a and
F, Northwood Lstates Addition, (The Planning and
;pS toning Commission recommends approval.)
3, Resolutions
A. Adoption of a resolution authorizing the
condemnation of property for Loop 288 owned by
Benton Rutledge (Parcel 49).
j 0, Adoption of a resolution authorizing the
condemnation of property for Loop 286 owned by J.
8, Heisler, Jr. (Parcel #10),
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City of Denton City Council Agenda
April 28, 1981
Page NO
C. Adoption of a resolution authorizingg the
condemnation of property for Loop 288'owned by J.
B. Heisler, Jr, at ux (Parcel #11).
f D, Adoption of a resolution authorizing the
condemnation of property for Loop 288 owned by
Charles A. Reed, at ux and Thomas J, Moore, at ux r r'
(Parcel #16), E, Adoption of a resolution for a Pipeline License l
dated January 14, 1981, between the City of
Denton and the Atchison, Topeka, and Santa Fe
Railway Company.
4. Official Action on Executive Session items
A, Legal Matters t'
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B. Real Estate
C, Personnel
D. Board Appointments r
S. New Business: ,
This section provides city Council Members a section in.
which to suggest new items of business for future agendasd
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EMERGENCY ADDENDUM ~
CITY OF DENTON CITY COUNCIL AGENDA i
April 281 1981
' 1. Approval of a Change Order for Repairs being toads on ; s
Well #2 on Sherman DiPUblio tlt~ ity2 8 ardoRa OMOnds
street, Bid 8885
Approval.)
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April 28, 1981
CITY COUNCIL EMERGENCY AGENCA ITEM
is
SU33ECTI
Change orders for Repairs Being Made on Well 42 on Sherman
Drive and Well 412 on North Locust Street, aid 99895
' SUMMARYI
Lane Texas Company has pulled Well 12 on Sherman Drive and
Well 412 on North Locust Street and found that some of the
discharge pipe, protective tubing and bearings needed to!be '
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replaced. Also, both wells will need to be lowered, This
is due to the lowering of the water level. T'fie water' table
has dropped 55 feet since 1975. Copies of the change
orders itemizing the necessary additional repairs are
attached,
T4
FISCAL SUMMARYI
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Original Contract Amount $23,617.00
Total of Both Change Orders $26,246.95 "
TOTAL COST OF REPAIRS $49,863,95
source of Funds 04-60-83-39
,
ACTION REQUIREDt
Approve or disapprove change orders,
RECOMMENDATIONt
The Public Utilities Board, at their meeting of April 29, 4 g
1981, recommended to the City Council approval of these f
change orders in the total amount of $26,246,95,
Respectfully/,
R. E. Nelson
Director of Utilities
EXHIBIT 1 - Cost Estimates For Change Orders {
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APRIL 27, 1981
CITY OP DEMN - NO. 2
Needed in addition to contract price:
4 3-1./2" x 618" tubing, at $101.50 406400
1 3-1/2" x 51 tubing, at 5101.50 101:50,
1 » 3-1/2" x 512-1/2" tubing, at $101,50...... ►....I..►.. 101450
1 - 8" x 1909-5/8" column pipe, 5598.50.. 598.0
20 - 3-1/2" x 2-3/16" shalt boxes, at $98.00.4666000644666 1;46,0,.,,0
1 - 3'-1/2" x 2-3/16" spiral stuffitg box bearings, at 98. 98100
33 - 3;1/2 spider bushings, at $12.00 396.00
1 » 8x T.O.E. nipple, estimated. 4 0 a 0 6 a 6 ......150100 ;
Rig and crew contract estimated 60 hours.
Estimated additional rig and craw:
13 hours - to pull pump, at 580.00......'....`..............5 1,040.00
8 hours - to bail out the fill up, at $80.00 640400'
To loww: pump 70 feet:
1 - 10 it, column complete, at $10081.98...........►'.....1S1i081698
3 - 20 ft, joints additional column complete, `$1,598.19.'.,"4,'794.57
Total Contract Addition for Well No.2...... ..............$11,368.05
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211 M-1017
I.600.1.2.666
April 27, 1981
CITY OF DENTON NO. 12
Needed in addition to contract price:
1 - top special column pipe 485.00
,1-- 8" x 1919a-5/6" Column pippe............ 598.00
1 - 2-3/16" x 1116" top special shaft......`......... 332.,64
1- 2-3/16" x 3-1/2" spiral bsarinq, 8 thd:........... 96160 ,
31 - 2-3/16 x 3-1/2" shaft boxes,-at $98.00........:. 30010166
8 - 3-1/2" x 618" tubing, 8 thd., at $101.50......:.. 812.80
1 - 3-1/3" x 51 tubing, 8 thd.,"at $101.50.x.......`.. 101.50
1 - 8" x 3 ft. T.O,Eo nipple, eatimated....7r....... iS0408
1 - 3-1/2" x 512-1/2" tubing...', .............:.....6.. 101:s0
4 - 2-3/16" shaft couplings, at $96.25.x 39C'60
32`- 3-1/2" spider busihinga, $12.00 384.00
Additional rig and crew to contract, estimated
9 hours - Rig and crew to pull pump, at, $80.00.....`., $ 720400
8 hours - Rig and crew to bail out the fill up, 80... 640.00
4 - 20 fts joints column complete to lower pump,
at $1598.19..........'.. ! 41392476
Total contract addition to Well No.12.......... $14,238.90
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Extra for electric line problems, 8 hrs.@$80.00...., 640.80 r
Total Addition for both Wells $26,246.55
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City Council Agenda
Back-Up Summary Sheet
Meeting Date: April 28, 1981
City Council Agenda Item #
a
?,y Subject& Approval of the final re plat of
blocks 0 & F, Northviood Estates
Addition,
Summary: The developers seek to replat five
(S) residential lots to be located
along Emerson and Craig Lane. i,
Rather than providing fox' the
continuation of Emerson Street I x;,
eastward this replat provides for 111
the termination o Emerson at its
intersection with Craig Lana, The ;
area is zoned single family ($F-10)
and the lots are consistent with
the zoning.
Action Requiredi Approval of the final replat. t
f 9
Alternatives: 1. Approve the replat.
2. Dany the repla
3. Table the raplat for future
consideration.
Source of Funda: Not applicable i
Recommendation: The Planning and Zoning Commission
felt it was reasonable not'to continue
Emerson Street to the aapt V66ausie
of the necessity for a bridge Arlo
proximity of the thoroughfare which
will serve Loop 288. The Planning
and Zoning Commission unanimously
recommends approval of the final plat
of Northwood Estates Addition.
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RI10 U T 1 0 N
N'HIRIAI, the City of Denton, Texas has heretofore entered
into an agreement with the state of Texu, State Department of
highways and public Transportation, to acqutre the right-of-way
necessary for I.H. Loop 966 in the city 01 Dentont and
" nIAS, the city of Denton hit been unable to agree and
cannot agree with the owner upon the veto* of the hereafter
described land situated in the City of Denton, Denton County, ?
Texall NOM, THSRIro"t E 10
It IT RUOCVID It THI CITY COUNCIL OP THI CITY op DINTON, TVXAIt
IICTION I, I
„
The State Highway and Public Transportation COMI44ion of „
the state of Taxa$ has found and determined that it Is
necessary and convenient to acquire the hereinafter described
property for the purpose of conetruotieg, laying out and
reoonstruoting a highway, designated as a part of the Itate
Highway Systems and the City Council hereby detaratnes that It
Is necessary that it wtboriae proceeding in Isinent Domain to
acquire the title to the hereinafter real property, E
1
SICTION 11,
The City Attorney of the City of Denton, T.xae, Is hereby l
authorlead and directed to bring condemnation proceeding to {i}
obtain the fee simple title, including all Improvements
thereon, to the following tract of land situated to Denton
V County, Texas, to-wit!
Sting 19.110 acres of land, sore Or Woo out of and a part of
that 30,1691 acct tract of land in the Thomas Toby Sutvi , '
Abstract No, 1268, in DantU County Texaa most particularly
described by Notes and bounds In Ixiibit •A' attached hereto
and made a part hereof for all purposes,
purtuant to existing law, the safe to be paid for by tbo City
Of Denton, with the title thereto vetting in the state of '
Texgat however, there Is excluded Eros said estate to be
condemned all the Oil, goo and sulphur which can ba removed
from beneath said land without any right whatever remaining to
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the owner of such oils gas and sulphur at ingress or miss, to
or Isom the surtsee of said land for the parposs of exploring,
developing, drilling, or mining of the same.
j1tCR10N I~
This lleaolution shall become effective from and utter its
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date of passage.
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PAIIED AND APPAOVID this the day of
19e1~ ,
RICNMW 0: if]F~Fi`A1i4b3(
CITY OP DeMIo
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ATTUT N
CITY OP DEIITO010 TZMAS
APPROYRD AI to 1"kL r0ox,
Ci J', MWAs JR. s CITY ATTORNEY
CM or DEM9'OM0 "XAe
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PROJECT ed1l-1~S7
(/,R, LOOP 2811
Penton Rutledge
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EXHIBIT "A" r
D-15.14 8019.1.57 Parcel 9
Page 1 of 2
Nay-311.1979
Rev. Jame-20-1-1970
Rev. October 296 1979
1 it
Daing 19.440 notes of land, more or lase, situated in the Thoma, Toby Survey,
Abstract No. 1288, out of a tract of land conveyed to Jame F. Lunsford, Trustee,
by Alex Hudson, Jr., Trustee, dated January 10, 1975, recorded in Volume 7320
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Page 968, Deed Records of Denton County, Texas; said tract of land was identified
as Exhibit 0, containing 30.7692 acres and Exhibit D containing 30.7692 acres
{ in Substitute Trustee's Deed dated March 7, 1978 recorded in volume 878, Page 929
Deed Records of Denton County, Taxes; said 19.440 acres of land being mare 1
particularly described by metes and bounds as follows:
BEOINNINO at a point in the northeast corner of 30.7692 tore tract identified as
Exhibit D in deed recorded in Volum► 878, Page 921 Deed `A cords of Denton County,
Texas; said point being South 010 311 51" West a distance of 551.83 feet f-40a
northeast corner of A. P. gvere, Jr. 317.96 acre tract identified as Exhibit A
of said deed; said point also being in the existing west right of way line of
!M 2164; ,
L) THENCE South 010 31' 51" West along the said existing right of way line and east
boundary line of 30.7692 acre tract, shown as Exhibit D, for a distance of 441.42
feet to a point in the south right of way line of proposed Loop 288; a
THENCE North 380 53' 42" West for a distance of 91.67 feet to a point;
L) THENCS North 880 15' 05" West for a distance of 916.84 Wet to a point;
s) THENCE South 640 11' 20" West for a distance of 664.90 foot t6 a point in a our"
of radius of 5619.58 feat, said point bears South 130 29' 24" Rest to the radius I
point; 1
THENCE along the said curve to the left a distance of 511.03 feet to a point of
beating South 180 42' 02" Best to the radius point;
i) THENCE South 710 11' 38" West for a distance of 716.93 feet to a point is the wait
boundary line of 30.7692 acre tract identified as Exhibit 0 in died recorded in
Volume 878, Page 92, Dead Records of Denton County, Tons;
THENCE North 010 20' 00" West along said west boundary line a distance of 220.03
feet to a point in the proposed north right of way line of Loop 288;
THENCE North 710 11' 9" last along the said proposed north right of way line a
distance of 271,31 feet to a ooint:
(9) THENCE North 680 16' 42" East for a distance of 379.47 feet to ■ point in a curve
to the right having a radius of 5849.58 feet with the radius point of said curve `
bearing south 180 42' 02" East
(10) TL!ENCE along the said curve to the right a distance of 736.16 foot to a point of
1y, bearing South 110 29' 24" East to the radius point
i EXHIBIT "A" (Con't) •+ei
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D-15-I4 8018-1.37 f
Parcel A
Pole 2 of 2
Rev, October 29, 1979
{ 11) THENCE North 730 23' 13" Eaet for a distance of 102.61 fait to a point
l2) THENCE North 770 17' 13" East for a distance of 307.93 feat to a
poiall i
13) THENCE North 800 18' 01" East for a distance of 308,99 feet to a point)
4) THENCE North 790 39' 3011 seat for a distance of 79.40 fait along the propo"d i'
north right of way line of Loop 288 to point of intersection of north boundary
line of said 30,7692 wore tract identified a>
o Exhibit Di
c3) THENCE South d8j 26' 37" East along said north boundary line foe a distance of
801,01 feet to the plaza of beginning, i
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A 1 H O L U T I N
• NHEAEAE, the City of Denton, Texas bat heretofore entered
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into an agreement with the State of Taxes, State Department of
Highways and Public Transportation, to acquire the right-of-way
necessary for S.8. Loop 288 in the City of Denton# and
11HHAEAB, the City of Denton has been unable to agree and
w cannot Agree with the owner upon the value of the hereafter
described land situated in the City or Denton, Denton County,
Texasl NOW, THERETOAE,
HE IT ASSOLM BY THE CITY COUNCIL Of THE CITY OT DHNTON, TEEASI
SECTION Z.
f The State Highway and Public transportation Coenlission of '
the State of Texas has found and determined that it is
necessary and convenient to acquire the hereinafter described
property for the purpose of consttucting, laying out and
reconstructing a highway, designated as a 'part o9 the state
Highway System, and the City Council hereby determines that it
is necessary that it authorise proceeding in ImInent Domain to
acquire the title to the hereinafter fail property.
SECTION IL
The City Attorney of the City of Denton, Texast is hereby
authorised and directed to bring condemnation proceeding' to
f `
obtain the tee simple title, including all improvements
thereon, to the following tract of land situated in Denton
County, Tease, to-Witt
being 0.213 stead of land, more of less, cot of and a pert dt
that 0,542 more tesot, situated In the Thomes Toby Sutviy,
Abstract No, 1215, In Denton County Texas more pattloulbe y
desofibed byrmetes and bounds in SxhIbit 'A' attached hereto
and made a part hereof for all purposes.
pursuant to existing law, the same to be paid for by the City j
of Denton, With the title thereto "sting In the State of
Tetasl however# there to excluded from said estate to be
condemned all the oil, gas and sulphur which can be removed
from beneath said land without any right whatever remaining to
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the owner of such oil, ges and sulphur of ingress or agrees to i
or from the surface of said land for the purpose of etplortM
developing, drilling, or mining of the nme, j
SECTION IIi.
This Asselgtiom shall become effective from and after its
date of Passage.
1 PASSED AND APPAOvaO this the day of _ _ a
loll,
RIC XD 0. B%VMo NA
ITY Or DEN'MN
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ATTEETI
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CITY or Dom"o TUAE i'
VPRO ID AS 910 1,24M POAM1
C, J. TAYtAA JN. Cl" ATTORNEY
C 147 OF OENTENo T~XAA
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PAO NCTp1611°1.67
(Cm, two 2Iq
J. 1. NateSlc, Jr.
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I EXHIBIT "A" f
D-13.14 8018-1-57 Parcel 10
PASO lof I
Bev. October 29, 1979
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Being 0.235 of am era of land, more or loses out of and a part of that certain
0,342 of one acre t%ct of lend in the Thomas Toby Survey Abstract No. i288 that
was conveyed to J. B. Haislers Jr, by dead dated January 1, 1%9, recorded in
Voluse 578, Page 657, Dead Rscotds'of Denton Couutys Texas) said 0.235 of one
acts of land being more particularly described by =too and bounds as follows:
DEOINNIW at the point of intersectlon of the proposed north-riobt of way line of
proposed,Loop 288 with the vast boundary line of said 0.542 of act acre of land,
said point bears South 010 374'M* wait a distance of 43.33 feet from the forth, {
vast corner thareofj
1) THENCE South 400 44' 12" East along the proposed north right of way line of Loop
288 a distance of 67.73 feet to a point]
2) THENCE South 860 420 10" Sort for a distance of 105.90 feat to a point in the "at
boundary line of said 0.542 of one acre tract=
3) THENCE South O1o 37' 51" wait for a distance of 57.67 feat to a point in the south
_ boundary line of said tract]
4) THENCE North 880 38' 47" West for a distance of 151.30 feet to a point in the went
boundary line of said tract=
5) THENCE North 010 371 3160 East along the said west boundary line and the existing
east right of way line of Pam to Market Highway 2164 for a distance of 111152
Test to the place of baginning.
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w1EREAS, the City of Denton, Texas has beretofore entered j
Into an agreement with the State of Texas, State Department of fi
Highways and Public Transportation, to acquire the eight-of-way i
necessary for S.R. Loop 200 In the City of Dentont and
NEERRAS, the City of Denton has been unable to agree and 1
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cannot agree with the owner upon the value of the hereafter
described land situated to the City of Denton, Denton County,
Taxes) NOW, THR"70R1,
38 IT RSSOL"D BY T12 CITY COUNCIL Of Tn CITY Of DSNTDN, Twee j.
81C1'10N 2•
The State Highway and Public Transportation Commission of
the State of Texas his found and dettW ned that It to
necessary and convenient to acquire the hereinafter described
property for the purpose of constructing, laying out and
reoonetfucting a bighway, do$Ignaked as a part of the , state
Highway dystem, end khh City Council hereby determines that it
Is necessary that it authorlse proceeding In eminent Domain to
acquire the title to the hereinafter real property, i
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8SCTYON !la I
h the City Attorney of the City of Denton, Texaso is hereby l
autborised and directed to bring condemnation
preceding to ~ .
obtain the fee simple title, including all improvements P
thereon, to the following tract of land situated in Denton
Countyo Taxis, to-wits
Being 11'01! aces of land more or less, out of and a part of
that 251.5 acre tract* situated in the Thomas Toby SurwY o
Abetriet No, 1288, to Denton County Texas more partie0laiiy
described by motes and bounds in Nx~lbit "Ae attached beilto
i~ and made a pert harlot for all porpoise.
pursuant " existing law, the same to be paid toe by khe City
of Denton, with the title thereto voting in the State of j
Texaet however, there is included fret said estate to be i
condemnad all the alto gee and sulphur which aan be removtd
from beneath said land wlthout any right whatever rematning to
the owner of such oil, gas and sulphur of ingress at agrees to
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or from the surface of laid land for the purpose of erplocing,
developing, drilling, or mining of the same,
SECTION 1116
This Resolution shell became effective from and after its
date of passage.
PASSED AND APPROVED this the day of
1911.
CITY OP DENfTm P RAM
ATTESTS s
CITY OP DLENTON, WAS
APPROVED Al TO Ll"L PORNs
C.'J. TAYLOR, JR.P CITY ATTORNEY, ;
CITY or Dwro", TLUJ
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EXHIBIT "A"
U-15-14 8018.1.57 Parcel 11
Page 1 of 1
16W-34r-14"
Rev. October 29, 1979
E
Being 11.948 acres of lands more or 1066, situated in the Thomas Toby Survey,
Abstract No. 1288, out of a 253.6 acre tract of land conveyed to J. B. Heisler and
wife, Rosa VAlslers by dead recorded in Volume 316, Page 691 Used Records of Denton
County, Texas; said 11.948 acres of land being moss particularly described by
motes and bounds as followac
{
BEGINNING at a point in the vast boundary line of said 253.6, acre tract and scat E
right of way line of Farm to Market 21640 said point also being the southwest i
corner of 0.542 of one acre of lands that was conveyed to J. B, Retailers Sr. by
deed recorded in Volume 578 Page 6578 Dead Records of Denton County, Texasf said 1
point also being South 010 17' 51" west a distance of 156.20 feet from the north-
west corner thereof; ,
THENCE South 880 38' 47" East for a distance of 151.50 feet to a point=
THENCE North 010 37' 51" East for a distance of $7.67 feet to a point in the proposed
north right of way line of proposed loop 288;
T4QZ S South 86P 42' 10" East with the said proposed north right of way line a
distance of 279.39 foot to a point;
THENCE South 790 O1' 17" East for a distance of 922.80 feet to a point;
THENCE South 830 13' 25" East for a distance of 402.00 feet tb a point;
THE11Cg South 880 561 03" East for a distance of 49.10 feet to a point in the east
boundary line of 253.6 acre tract;
THEME South 000 $0''33" Vast for a distance of 230.00 feet to a point in the pro-
posed south right of way line of proposed Loop 288;
THENCE South 840 13' 2311 West for a distance of 251.79 foot to a point;
THENCE South 860 07' 48" Nest for a distance of 1104.09 feet to a point;
0) THENCE South 440 39' 14" Nast for a distanca of 74.12 feet to a point of interaction
of proposed south right of way of Loop 288 with existing out right of way of liars
to Market Highway,2164;
.0 , THENCE North 010 37' 51" Eat with said east right of way line a distance of 492669
feat to the, place of beginning. I
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9 0 L D T I O W
WHEREAS, the City of Denton, Texas has heretofore entered
into an agreement with the State of Texas, State Department of
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Highways and Public Transportation, to acquire the eight-of-way
men nary for E.H. Loop 211 in the City of Denton and
WHEREAS, the City of Denton has been unable to agree and
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cannot agree with the Owner upon the value of the hereafter
described land situated in the City of Dentor, Denton County,
s ,
Tesafr NOW, THEABIORE,
IB IT ABSOLVED of THa CITY COUNCIL OF THE CITY OF oar", Tn",
a1SCT10W I. a,: ,
The State Highway and Public Transportation Commission of
i
the $tale of Teeea has found and determined that It to j
necessary and convenient to acquire the hereinafter described
property for the purpose of constructing, laying out and
reconstructing a highway, designated as a part of the State
Highway System, and the City Council hereby determines that it )
is necessary that it authorise proceeding In eminent Domain to
acquire the title to the hereinafter real property.
r SBCTION 22.
The City Attorney of the City of Denton, Teses# is hereby
" authorised and directed to bring condemnation proceeding to
obtsin the fee simple title, including ail Improvements
E thereon, to the following treat of land situated in Denton
I~ County, Tenas# to-wits.
Being 0.119 acres of land, more or loss, out of and a park of
that 114.204 Acre trict, situated in the Js Co Celtart Survey,
Abstract No. 281, in Denton County Texas more particular y
described by metes and bounds in Exhibit 'A" attached hereto
and made a part hereof foe all purposee.
C
pursuant to existing law, the same to be paid for by the City
g:. r 4
E. of Denton, with the title thereto vesting In the State of
fit` yl Texear however, there is escluded from said estate to be 1
kj a condemned all the oil, gat and sulphur which can be removed
r from beneath said land wtlhout any right whatever remaining to
° the owner of such 6116 gas and sulphur of ingress or agreed to
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r.
Of from the surface of said lane for the purpose of c:ploring, o0
developing, drilling, or mining of the same.
SECTION III.
Thts Aesolution shall become effective from and after its
dale of passage.
~ fA8860 AND APPROVlD this the day of
1981.
I
,
i
CITY Of DBNTON I
ATTE8T1
1 ,
CITY Of DINTON,TrukeAITAAY
"PROM AS TO LIM FOAM,
0. is TAYLOR, JR., CITY ATTORMNY
CITY Or OCIOTOOO TEXAS
8Y,
PARCOL 00, 16
aigJBCT 0018-1-07
(84Y94 LWP lot)
Charles A. Med, at us and Thomas J. Moorg, at us
.
1 {
.y i
Move
EXHIBIT "A"
G-1S-14 8018-1-57 Partial 16
?age 1 of 1
may 31, 1979 F
i
Being 0.119 of one acre of land, more or less, situated in the J. O. Coitart ;
survey, Abstract No. 288 in Denton County, Texas, out of a 144.206 acre tract of
land conveyed to Charles A. head and wife, Harriet Road, Thomas J. Moore and wife, k
Patricia B. Moore, by dead dated February 240 1977 recorded in Volume 82S, Saga I
1830 Dead Records of Denton County, Texasl said 0.119 of one acre of land being
more particularly described by metes and bounds as followst
t
BECINNING at the point of intersection of the proposed north right of ray line of <
proposed Loop 288 and the wait boundary line of said 144.206 acre tract, said '
point being South 0211- 251 4611 West a distance of 1911.75 feet from the northwest
corner thereof
(1) THENCE South 516 781 41" East along the said proposed right of ray lido a dists"s
of 144.34 fast to a point in the south boundary line of said 144.206 acre treat= E`
(2) THENCE North 880 081 SS" West along said south boundary line a distance of 114.66
fast t9 a point]
(3) THENCE North 040 191 23" East along the wart boundary lint of said 144.206 acre
tract for a distance of 86.40 feet to the place of beginning.
{3`
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April 28, 1981
CITY COUNCIL AGENDA ITEM
SUBJECTI
Consider Resolution for Pipe Line License dated January 14,
1981 Between the City of Denton and the Atchison, Topeka
and Santa Fe Railway Company,
SUMMARYt
i
The attached pipeline license was applied for by Millard j
Heath, the contractor who installed a water l:ne`on Bonnio
Brae Street for the Solar Way sub-division, '
The pipeline license was approved by the city Council, but
by some oversight, the Resolution needed to accompany the
pipeline license, was not sent to the City Council at the
same time.
The Atchison# Topeka and Santa Fe Railway Company has
requested the signed Resolution to attach to the already
approved pipeline license agreement for their records. r.
FISCAL SUMMARYt
Not Applicable.
ALTERNATIVHSI
S
None.
RBCOMMBNDATIONt
The Public Utilities Staff recommends that this Resolution
be approved by the City Council in order to complete the
filing of the pipeline license agreement.
Respeotfully,
i
R, B, Nelson
Director of Utilities
WMISIT I Resolution
11 Pipeline License Agreement
iii Letter from J,R. Fitzgerald
i
t t
ei.L°
R E S O L U T I O N
i
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASs 1
PART I. J
,I
The Mayor is hereby authorized to execute for and on behalf j
of the City of Denton, Texas a Pipe Line License dated January 14, r
1981 between the City of Denton and The Atchison, Topeka and
` Santa Fe Railway Company, a copy of said Pipe Line License Agree
Mont being attached hezeto and made a part hereof for all purposes.
PART II.
This Resolution shall become affective from and after its date of passage.
PASSED AND APPROVED this the day of , 1981. M
+i
RIC ARD 0. STEWART, WY-0 I
CITY OF DENTON, TEXAS
I
ATTEST
IRMO OLT, M SECRET
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL POP,-!.-
C a J. TAYLOR, JR., CITY r;.TORNEY
CITY OF DENTON, TEXAS
BY t,
77061,10
f
110
r ~
W i i. r. . ..rye 1• .i rl
1
/eat. 1651 Srond.rd
NPPfO1'od 1» C!W1: Z0W)-
11 PAP LINTS LICENSE J9q
_-.Jalu3ry....._._-----►
tlt _daq of_--
THIS LICENSE, Blade thls_.---lv- .
A7ti1150 TAPE (A p.itl s.,'i!A FE P^1ZL1?!,Y cn;,DA~iY ,
.__h.-...._._.._t1'-. - icensor"),partYOftheftrstpart,and
between Qalaware,,,_ corporation (bare(naftercalled raLion~ actin's heleit% by its - ,
CI;YYOF DEtY0NTEXAS% a t!u ict a] COY¢ 3
eunto duly 3uhofize_~
'mayorr. her___•- A _ _ - N
party of the aeoo g
one or more, salted licensee '
(hereinafter, whether pressed
WITNESSET9, That the parties hereto for the considerations hereinafter ex covenant and
agree as follows:
1. d conditions hereinafter set forth, Licensor licenses 7.ioenw to construct
Subject to the terms 411
-
and matataln_-- -
three.. hussdrpd s(xL ei nt ei ht 3511.r~ fee called tk~,PIPS
( 1 ) pipe itne, - j
. (9in diameter (hereinafter, whether one or more pipe ne3panton Deaton J
LINE"), across or along the right of way ut Licensor at or near the station of._..'
Texas, -.thee<actlocation of !hc PIPE LINE being more b
dnu
00.0.-11tJ. - No._._X_,r300 datedJ. -
shown by red coloring UPOo the print hereto attached, ~ marked "Exhibit All and made a part 1:eraod• ;
water
2. Licenses shall Una the PIPE LINE solely for carrying = --~w_
;sewhsteoever.
any other commodity or for any other purpo _
- end !io/10'Jths
and shall not use it to carry the
ll pay Liconaor as compeasstioti for this license sum of One
8. Liconeee she prr»
U01 la r~
rr ion and control of Llcensor'a chat 4
- 9 Licensee shall at its awn cost and subJect to the SuperviS 1 S, manter and of Buell Material "t In Su Iseat or engineers locates cons(ruc~
anaourretofndang rljto orlinerferenc trot Iepcasesn'her+t i~
time b r
it motif not at arty of Licensor, or the we o ration of its railroad.
and property pe for
s Dora
is permuted bled or high avolatile substances under preessure Efts Potl a flcattone ahoti►n n print
other Hamnva q t t e p ns and sped
ns a e an ere c ma ntn n n con orm x e S~
er Sts unde thish. I.~
hereto attached 1A such cases, marked l;xhtbit r and made a oblig part
gment of Licensor, to perform pros it lyeeme slighaes ~ationsf' If at any untie Licensee
fort e dau
shall, in the iud option, iteolt perform such work as within fifteen (1 days after bits shall hove
censor may, at 1ta
its rallroa , and in such event Licensee agrees to pay,
eor, re of Licensees n11 innot curred says Licensee from iSabitit hereunder for loss ore dnxnaga
been rondebreda h
forrq tho o
occasional thereby. curred by Licensor for false work to IPS g, Licensee shah reimburse Licensor for any e e i $
LINE.
support Licensor', ti other d f fin arced byoLica orronfa,ccount of the PIPE LI NE, ll s11
And for any and Al in to
G, 1.lcenvee aball At Ail times SnaemAlfy an or incur or repair for presence of the PIPE LINE,;ncluding
loss dmna a or a enseonhamb{ice nance, ueuetain, become 1taLie of, result( b) i ty to or
j
lrltd
a conszpructi es or assessnunEs o any
ner,from t~4: t pe g Be
Any th persons, {c)ge or anics1 or other Blew Of any character, or {d) q,xto proPat tY.
d with or esrry out any of the Eovanante
7, If at fir time Licensee Shalt fall or refuse to comp
rw herein contained Licensor may at its election forthwith revoke this llcorsa. .
Y'
C K
t
W-Vi
8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that
the earns may be terminated at any time by either party, upon ton (10) days' notice in wAting to be
served upon the other party, stat Iff !herein the date that such termfnation shall take place, and that
upon the termination of this license in this or any other manner herein provided, Licensee, +npon de-
mnnd of Licensor, shall abandon thQ use of the P1 PE LINE and remove the same and restore the right
of wily And tracks of Licensor to the eame condition in which they were prior to the placing or the
PIPE LINE thereunder. In csso Licensee ahail fail to restore Llcensor'a premises as aforesaid within
ten (10) days after the effectivo date of termination, Licensor may procoEd with such work at the
expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hero-
under, whether of indemnity or otherwise, resulting fro any scls, omissions of events happening
f prior to the date the PIPE LINE Is remorod and the rim ght of NN .q and track of Licensor restored
az.`Y~,Jp;;'0Y1d~.wr; i~s..1YMM.fi. :'s~"rrt.f'. ..,.w .I~_~ . s ~
fa. In the use of the eviction of Licensed by anyone owning or obtaining title to the premises on n
which the PIPE LINE Is located, or the sale or abandonment by Licensor of sad premises, Licensor
shall not be liable to Licensee for any damage of any nature whatsoever or to refund any. payment
made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge
which may have been paid hereunder In advance.
10. Any notice hereunder to be given by Licensor to Licensee sball be deemed to be properly served
if it be deposited In the Unitool States MAIL, postage prepaid, addressed to Licensee at r r 1
.hn.is.J11A1.J4..u1J4AMik_9V.Rt n. jgML1669.1j._r
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served f the
same be deposited in the United Staten Mail, postage prepaid, addressed to Licenser's.- j
' bivls u~hr nie dent ~ 4 to F ~ ~ ld n lht R ,tortrs S s.~
Fort Worthy Texasy1LlY,
11. In the event that two or more parties execute this Instrument as Licensee, all the covenants
and agreements of Licensee In this license shall be the Joint and sevaral covenants and agreements of
each parties.
12. All the covenants and provisions of this instrument shalt be binding upon and Inure be the
' Mn bdt of the successors, legal representatives and assigns of the pparties to the ame extent and effect j
r 4- a wane Are binding u o and inure to the berta t of the parties hereto, but no assignment henroot
by I,ieeueoe its eucceesore%fil reppresentatives or assigns, ~r any subsequent assign", shall be wind.
Ing upon Licensor withonf the wd ton consent of Licensor n each instance.
IN WITNESS WHEREOP,'i'he pArtles have executed this agreement In dupUata the day and
year first above written.
writte_iIlk117CIJ[~Q_.,, YOPFrJ+.A"iA SNiTA FE MIL11AYCR10.. A'IYL_.,...._(Lioensor)
Approved its to Description:
Syr Its...lss„ stnn* to rcnoral I'm tar
Ghiof Y;ngineer.
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ny..
Its llayor
ti+ ~
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January 19, 1981
Filet Ct-29355
1...~ i'~ r •a y r"irr^t ris a r S" L. t:.•: y
City of Denton
~bnicipal Building
Denton, TX 76501
Centlemoni
Re ferance is being made to your recent request for a water line
crossing at Mile post 103 plus 1317.0 feet near Denton, Texas.
We have no ob ections to this water line line crossing and Y a*
enclosing duplicate originals of a pipeline license covering this
installation and stipulating a fee of $1.40, non-collectible. ~ The
license has been executed on behalf of the Railway CCa~mmpp~~my and will
appreciate your further handling for execution on behe7f of city of
Denton Texas, with return of the copy stemped "Santa Fe OriginalM for f
completion of our records. I
After the license has been executed as indicated and in its I
present foria, it will be satisfactory to proceed with installation of the
crossing with the understendin¢ that installation will be in accardanca
with provisIons -of-the •agreement-end that ou will furnish Hs, Laura
er
Superintendent Caldwell'g office, tels"ne number Area Code
Mer332edith-, 5143 of Superintendent Superintendent sionkendent
, three days' advance notice of date actual
work on Railway Company property will carow oe.. If there are wV
questions or other information desired pertaining to this subject matter,
you may contact We Of R. Darnell, extension 1631 or We F. Of Koop,eannt j
extension 224a
Yours vary trulyt
tir n 1 r 1.
J. R, Fitzerald
Ceneroi Manager
bcol Mr. R, E. Caldwell - Fort Worth
Attached are six additional copies of Exhibit "A" Print No.
X-50301 dated January 9, 19610 for completion of your file.
OAF
1
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CF 29355
EXHIBIT "A"
TO CONTRACT BETWEEN
THE MCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
fdOf2TLC+Z~i DIVISION DALUS DISTRICT
AND
CITY OF C3:.w i OfJ, TX4~
. ~NTON, DC~J'i'r~! CG~u1JTY, Tc`Y.l,
SCALE 1100' A,G.M.-ENGINEERING•AMARILLO, TEXAS 140.5e-5030
DATED! JAAlUAPY 9, 1981
N
Cp ra 8rA 5451+5r
~tj.. r MP /G8 fW7
'1D RY,GQ AWAVQrYLlAor
r0 0dow i f.
TO CLesuvaS
O! w y y M
Mein lux, rug 4 r. a 5, r ar CO
4AS LAW
~ cakrMO11,14,55
QY.G0.A1?OP6kTY tIN-5 9 y
Cleo: J;r R
s 4E
~ ~0
1440 pole ell
i
CARRIER PIPE CA£INO PIPE CARRIER PIPE CASINO PM
O.Q OF PIPE LENGTH ON R/W
COPITENTS TO BE HANDLED *A%M...r... ACTUAL WORKINI PRESSURE ...LS21:1.. i
PIPE MATERIAL C!j,# i a Ig& OtM0 TYPE OF JOINT 13tcs ~~,e ° S,un
SPECIFICATIONS AM ORADL+ !r %s. SO eiA. COATING .---=---y---
WALL THICKNESS - METHOD OF INSTALLATION
VENTS I HUTABER SIZE HEIGHT OF VENT ABOVE GNOUNS
IDEALS I BOTH ENDS . - ONE END.=
' BURYt BASE OF RAIL TO Top OF CAIAG _a,, FEET .1~. INCHES
Vl BURY! NAYuPAL GROUND ._3. FEET •.C. INCHES WSTALLEO Ad PER O E 9, 6515
>~t111y1: R00WAY DITCHES J- FEET .C- INCHES PLACF.O Bf DRY DORE ONLY
h CATHODIC PROTEOTION
TYpElStU AND SM040 OF INSULATORS OR SUPPOR19
~+t I
m. R/Yr IALP ENO ~a'?Ya~ STA. MAP NO.
WAS.,. .
t
i .+t.
711
hM '
Form Jul 61endirl ;j
{APPrevM ►y Oenero) 1oVJrer)
a
I Secretary's Nor
PIPP, LE" LICENSE
1 TO
E J~...CQ~ aL~ ~
__.ata{ioa fff
D{vialoo s'
~ t' In efteck_ca~lteVs. i
CancoUa>}lo on tendaya' notice. +
"Chin! Enlineer`s
j=o
~ n.~~ s n us v'u< , '
a
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