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HomeMy WebLinkAbout1985 SEWER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS § , KNOW ALL MEN BY THESE PRESENTS! COUNTY OF DENTON THAT WHEREAS, Larry Frank d/b/a Windsor West Addition is the ' Developer of certain property shown on the attached map, which map i f+, y. is incorporated herein as if set forth in full, in the City of ~ E ~Denton, Denton County, Texas, and further described as property on { kr~r Payne Drive and Bonnie Brae. Developer desires to serve such property with 2,600 feet of offaite sewer line facilitiet,; and, WHEREAS, the City of Denton desires that such offsite sewer i facilities be oversized and the City will participate in the r1'' additional cost of the oversized facilities pursuant to the ' sip F provisions of the Dantcn Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; r NOW, THEREFORE, THIS AGREEMENT, made this day of 14a , by and between Larry Frank d/b/a Windsor West Acidilin kieroinafter called "Developer", and the City of Denton, Texas, A Home Rule Municipal Corporation of the State of Texas, hereinafter culled "City"; S wI~rNFSSI:rH: -1. The Developur will install, by contract or otherwise, an 1$" sower line and necessarY_appurtenances to verve the property described on the attached w6p in accordance with all City of Denton ordinances, ruler, regulations, policies and procedures. The said facilities shall be located as shown on the attached map which is i made a part hereof for all intents and purposes. 2. The City's share of the estimated cost of said facilities is $36,400 __(21600 LiF. X, $35.07 $21.00 . Upon completion of construction and acceptance by the City of said facilities, the actual cost of the City's participation in said facilities shall be ° determined and certified to by the Director of Utilities, and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. SEWER LINE OVERSIZE PARTICIPATION AGREEMENT/LARRY FRANK, D/H/A, ~ k WINDSOR WEST/PAGE 1 1 Y I 1 3. The City shall pay for its share of the facilities within thirty (30) days from the dare of acceptance of the facilities, or I I under such terms and conditions that are mutually acceptable to the parties. l l,v, 4. Title to said facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability t of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong doing of ' Developer, its officers, agents, employees, invitees, contractors >i or other persons with regard to the performance of this contract, I and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands, , IN WITNESS WHEREOF, this instrument is executed in triplicate originals this _ day of , 198 yr r Y WINDSOR WEST ADDITION BY: i 1 twT RANK I 1 CITY OF DENTON~ TEXAS S f BY; ' 7TEWMVr,-F!AYOR ATTEST t CITY OF DFNTON, TEXAS APPROVED AS TO LEGAL FORM JOE MORRISp ACTING CITY ATTORNEY CITY OF UNTON, TEXAS I , BYi ZM6 r WINHO EWER WEST/PAa~ I2 E PARTICIPATION AGREEMENT/LARRY FRANK, D/H/A, S l fi. z.. is; I ON d 8 P0l 6 j M/ y, 1 e rb asv - . 3 y J I koult ~ ~ ~ # pfo ~'+e itr ti d?•?S C rlrl~,titi y. N hlr 9 ~,a - I I W' $r4 x "ipoe 41 sc~i~ ~°.300 •1V 5 (n~F.c 1. - ~ • ~ ~ ' . -I r I M LA-11 I i f y i 1 I a y a i f i p Ji 11 11 1 11 1 111` i j s~ h e SEWER LINE OVERSIZE PARTICIPATION AGREEMENT u THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT WHEREAS, Jim Griffis and Larry Gentry d/b/a Sandy Hill Development Company Inc,, or its assigns, is the Developer of cer- tain property shown on the attached map, which map is incorporated herein as if set forth in full, in the City of Denton, Denton k4 County, Texas and further described as Sandy Hills Mobile Home ''Park Subdivision and Capricorn Mobile Home Park respectively, and Developer desires to serve such property with approximately 8750 feet of off-site sewer line facilities; and k ' WHEREAS, the City of Denton desires that such off-site sewer facilities be oversized and the City will participate in the ; additional cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; t' NOW j THIS AGREEMENT made this day off 198 by and hetween Jim Griffls and Larry Gentry d a a } Hil~evelopment Company Inc., or its assigns, and the City oyf i Denton, Texas a Home Rule Municipal Corporation of the State of Texas, hereinafter called "City"; Z t WITNESSETH: 1, The Developer will install, by contract or otherwise, an it 18" sewer line and necessary appurtenances to serve the proper Cy Tescr a on t 5c attached map in acc`ance with all City of I` Denton ordinances, rules, regulations, policies and procedures, The said facilities shall be locates as shown on the attached map which is made a part hereof and incorporated herein by reference, 2, The City 'e share of the estimated cost of said facilities E is 7Q 000.00 -8,750 LF X ($29,00 - 21.00 Upon completion of ; construct on an acceptance by the City of said facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities, And his certi.finate setting out the City's cost of said facilities shall be attached hereto and made a part hereof, 3. The City shall pay for its 81v cc of the facilities within thirty (30) days from the date of acceptance of the facilities, or 1 under such terms and conditions that are mutually acceptable to the parties, 4, Title to said facilities is hereby and shall at all times be vested in the City, 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loan or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong-doing of Developer, its officers, agenta, employees, invitees, contractors or other persons with regard to the performance of this contract, and Developer will, at its own cost and expense, ' defend and protect against any and all such claims and demands, SEWER LINE OVERSIZE PARTICIPATION AGREEMENT/SADDY HILL DEVELOPMENT 00. INC./PAGE 1 i 1 ti IN WITNESS WH~EUF, this instrument is executed in triplicate t originals this dey of 15$,l-. SANDY HILT, DEVELOPMENT CO. INC. , r) . f . BY, `y 4 ' i ryM~~9 y~f 4 5 ,'„ltt BY: gi t tARRY GENTRY v t i CITY OF DENTON, TEXAS s, o Y' is ATTEST: i t ` 9 E 4 CHARLOTTE ' CITY OF DENTON, TEXAS i j APPROVED AS TO LEGAL FORM: I JON, D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTONO TEXAS BY: ~4 F G r<< ~ a y 3 FJ;i 3EWER LINE OVERSIZE PARTICIPATION AOREEMENT/SANDY HILL DEVELOPMENT ' *sr, CO o INC./PAGE 2 ; d rn ` ' , yf ' 40, t 116 i t I 'Ilk IPF I r 5I~ T, b i J 1 I`r1r r A Lb , r { zr= r- )ifY I I~ I tt it ;I r fi } t 1 r~ sad ri 4,a r; 4 E; ! a i ! r ~ f . ! `I 'Pli I if if t f I~ ti t 1'''` ti i d SEWER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUN'T'Y OF DENTON § i ` WHEREAS, Dimension Development Company, Inc,, 1700 Pacific Avenue, Suite 4500, Dallas, Texas (hereinafter referred to as "Dimension") is the owner of that certain property located in the City of Denton, Denton County, Texas, as shown on the attached ma f Yr s p fir as Exhibit "A'l and as is more fully described by metes and bounds in attached Exhibit "B-111, said exhibits being incorporated herein by reference; and " WHEREAS, Dimension-Unicorn Lake Association, LTD, 1700 Pacific Y } Avenue, Suite 4500, Dallas, Texas, (hereinafter referred to as i "Dimension-Unicorn"), is the owner of that certain property located in the City of Denton, Denton County, Texas, as shown on the attached map as Exhibit "A" and as is more fully described by metes and boun(is in attached Exhibit 11H-2", said exhibits being incorporated herein by reference; and WHEREAS, Dimension and Dimension-Unicorn (hereinafter referred to as "Developers"), wish to serve their respective properties shown on Exhibit "A", and as is more fully described by metes and bounds in Exhibits "B-l" and "B-211, with approximately seven thousand two Hundred thirty feet (70230") of on and off-site °sanitary sewer line facilities (hereinafter referred to as the ~ "Facilities") as shown on Exhibit "A"; and M WHEREAS, the City of Denton (hereinafter referred to as "City"), wishes to have the option to participate in the funding of the sewer line in order to provide an "oversized" line sufficient to provide reserve sewer capacity of the line beyond what is needed to serve the properties of the Developers; NOWO THEREFORE, the Developers and the City hereby enter into this Agreement to provide for their respective participation in 1 the Lost of an oversized sewer line (hereinafter referred to as SEW AGREEMEN INC./DIMENSION UNICORN LAKE ASSOCIATES/PAGE /LDIMENSION DEVELOPMENT it 4 I { !i 'r "Oversized Facilities"), as provided for in the Denton Development Code (Appendix A of the Code of Ordinances of the City of Denton), and in consideration of their mutual promises and covenants the parties do hereby agree as follows; WITNESSETH 1. The Developers shall bear the entire cast of, installing and constructing by contract or otherwise, Facilities of sufficient t Cc, capacity, as determined by the City, to serve their respective I properties, The Developer's percentages of participation in the engineering, land acquisition, and construction and installation r cost of the Facilities shall be 53.6% by Dimension and 46,4% by Dimension-Unicorn. + 2, Prior to the issuance of any permits for the construction } or installation of the Facilitioa, the City may, in writing, notify the Developers of its desire to participate in the cost of providing "Oversized Facilities" in lieu of the Facilities to be installed by the Developers, The City shall specify the size of the "Oversized Facilities" to be constructed and the estimated cost of the Oversized Facilities The Developers, upon notifi- cation by the City of its intent to Y Y participate in the cast of providing Oversized Facilities, shall, upon development of their respective properties, construct and install the "Oversized Facilities" as specified by the City, 3. The Developers shall install, by contract or otherwise, the Oversized Facilities in accordance with till City of D".nton ordi- nances, and specifications, which shall be located approximately as shown in Exhibit "A" or as more particularly shown by the engineering t plans thereafter prepared and approved by the City, 4, The entire cost of all engineering plans and land acquisi- tion costs for easements for the oversized Facilities shall be paid by the Developers in accordance with their respective percentages of cost participation for the Facilities as set forth herel.n. I SEWER LINE OVERSIZE PARTICIPATION AGREEMENT/D IMENS TON DEVELOPMENT + INC./DIMENSION-UNICORN LAKE ASSOCIATES/PAGE 2 r~ :I as T 5, When the Developers have submitted sufficient information to t. , the City concerning the proposed use and development of their ! respective properties to determine the size of the Facilities that cf i { would be necessary to serve their properties described in Exhibits t,f;r "B-1" and "L'-2", the estimated installation and construction cost of the Facilities shall then be determined by the City in accordance with the procedures required by law for public works projects, ~ 6. Upon approval and acceptanco of the Oversized Facilities by a tite City, the actual coats of the Oversized Facilities shall be de- 'r' termined and certified to the Director of Utilities or his designee, y£. and attached hereto as Exhibit "D" ("Certificate of Actual Cost") and made a part hereof, The City shall, within thirty days of the a e' receipt of the Certificate of the Actual Cost of the Oversized Facilities, pay to Developers the difference in the estimated cost , of the installation and construction of the Facilities and the I actual cost of the Oversized Facilities as not forth in the Corti- ficate. Such payment shall be made in the form of two separate checka, one each to Dimension and Dimension-Unicorn, as follows; 53.6% to Dimension and 46,4% to Dimension-Unicorn, 7. If the Developers do not begin construction of the Oversized Facilities within twelve. (12) months from the date of notification I by the City of its desire to participate in the cost of providing, Oversized Facilities, then this Agreement. shall become null and void. However, this Agreement may be extended for up to four (4) individual six (6) month periods if prior, to the expiration of each period all parties mutually agree to such extension(s), 9. In the event Developers install and construct the Oversized y Facilitiea as provided for herein, the City agrees not to impose , I any future sanitary sewer impact fees to provide the properties described in Exhibits "B-1" and "B-2" with sanitary sower service. Impact fees as used herein shall not include top or connection fees ' or user charges. SEWER LINE OVERSIZE PARTICIPATION AGREEMENT'/DIMENSION DEVELOPMENT INC./DIMENSION-UNICORN LAKE ASSOCIATES/PAGE 3 10. Upon completion, approval and acceptance of the 0-.1ersized Facilities, all right, interest and title to the lines, and ease meats for such lines, shall be conveyed to the City, ' IN WITNESS WHEREOF, this instrument is executed this _ day r of I9 ,M" tt{ DIMENSION DEVELOPMENT COMPANY, DIMEN81ON-UNICORM LAKE ASSOCIATES, ;i INC., A TEXAS CORPORATION LTD., A TEXAS LIMITED PARTNERSHIP is BY. c. r '7TT1T BY t MUKA6L V. MAIM$ c- NIUMAM., Li f i CITY OF DENTON) TEXAS i, 7 ; 5 gYt + , MAYOR ATTEST: t. n S CITY OF DENTON, TEXAS i s APPROVED AS TO LEGATE FORM[ F TOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, T1!`A5 k Byl O, ' t' P 4 SEWER LINE OVERSIZE; PARTICIPATION AGREEMENT/DIMENSION DEVELOPMENT INC./DIMEsNSION-UNICORN LAKE ASSOCIATES/PAGE 6 F~ i x 4,; dd%lZ i s. 12 ON : i / 1 1 Ms A_1 ;M. w♦ h. JAY. Y W ,r ~ 00 10 r : f f or 00 9'. y. 10 NN 'o 00 10 1 C • iii the • • 00 IRA rl!'b ()AI 1'n AX1.57 2f,n II 7U SCYILft FRAT pU1+11" I'yl~f'PI'' ?'d TIE 7tl L"AI0' !.7" fif4mRY GIttt:K e,)vri`til.l J LEGAL DESCRIPTION Being that tract of land situated In the John McGowan Survey, Abstract 797, the M.E.P. i P.R.R. Co, Survey, Abstract 9500 S. F. Reynolds Survey, Abstract 16540 and the Cyprian Pouilalier Survey, Abstract 1006, Denton County, Texas and being part of a (called) 181.92-acre tract and all of a (called) 1.561-acre tract In said Poullaller Survey as described in a'dead from Patrick B. Gibbons, Substitute Trustee, to the Synod of Texas Presbyterian Foundation on January 4, 1971, recorded In Volume 819, Page 2689 Deed Records of Denton County, Texas, and being that tract of land described in a deed from Shaul C. Baruch to Dimension Development Company, recorded In Volume 1284, Page 720, Deed Records of r D enton County, Texas (D R D C T), and being m ore particularly described as follows: BEGINNING at a found 1/2-Inch iron rod at a fence corner, said polot being the northwest corner of said 181.92-acre tract and the southwest corner of a tract of land conveyed to American Savings Assoelation as recorded in Volume 668, Page 367, DRDCTi THENCE North 89049'59" East, generally along a fence, 3,144,56 feet to a found 1/2-Inch Iron rod at a fence corner at the north northeast corner of said 181.92- acre tract and on the called east line of,the J. McGowan Survey; THENCE South 0046111" East; along said survey line and generally along a fenee, 306,1 feet to a found 1/2-Inch iron rod at a fence corner; THENCE North 8949115" East, with the called north line of the M.E.P. 6 P.R.R, Co. Survey and generally along a fence, 1,013,43 feet to a found 1/2-Inch iron rod at the test northeast corner of sold 181,92-acre tract, and from said 1/2-inch Iron rod a fence corner bears south 2.0 feet; , THENCE South 0020'14" west, generally along a fencep 1,589.72 feet to a found 1/2-Inch Iron rod at the southeast corner of said 181,92-acre tract, and from sold 1/2-Inch Iron rod a fence corner beard watt 0.8 feet; THEN CE North 88023'46" west, generally along a fence and passing the southwest corner of the S, F, Reynolds Survey, which Is on the east line of the J, Fisher Survey, 31561,38 feet to a point for corner on the easterly right-of-wayof F.M. Highway 2181, and from sold corner a 1/2-Inch iron rod bears North 88021+' West, 0,73 feet; THENCE northwesterly along the easterly right-of-way of F.M. Highway 2181, 1 sloong said right-of-way around a curve to the left having a central angle of 71 ,18123", a radius of 761,10 feat, an are length of 947.34 feet, and a chord bearing and distance of North 42'58'08" West, 887,37 feet to a point for corner at the southeast corner of a 5-acre tract In the J. Fisher Survey as described in a deed from Denton Estates N.W. to John J. Cassats and recorded in Volume 1077; Page 606, 0 RD CT, and from said point a 1/2-inch Iron rod beers South 0 37' West, i 0.51 feet; THENCE North 0036'41" East, 11134.51 feet passing the northeast corner of said 5• { acre tract to the POINT OF BEGIN NINO and containing 161,66 acres, morn or less, f SAVE AND EXCEPT that 3.95-acre tract of land conveyed to the City of Denton 1 } by Dimension Development Company In Instrument datad December, 19831 i DRDCT, i LEGAL DESCRIPTION All that certain 136,365' P;A.R, Co. Survey,Abstract 950, Denton Qau typTexasl saldatract beln b a First tract shown by dead to Foxworth-G'albralth Lumber Company and recorded in Volume 474, Page 49 1 of the 0 *ad R ecords of D enton e a ,Ea , more particularly described as followst County, taxes and being 1 ( C BEGINNING, for the East corner of the tract being described herein at an Iron pin found set In concrete ih the southwest rlght-of-way of Interstat,! said corner being the most northern corner of tract of Highway 35 Ea deed to'Joster'S Inc. and recorded In Volume 571, Page acres H shown 5 deed S by County, TexasI 39, of Dead Records of Denton THENCE south 3802'3'25'1 West, along the northwest boundary line of the mentioned 1,570-acre Josten's Inc, tract the west corner of , 345 i ,37 feet to a steal in In past j the above mentioned 1, p concrete for corner on the Original Foxworth-Galbralth LuSmbercCompant' Fand irstT ract;+n Inner e1 -are THENCE South o20 39'24" West, 2,391.49 feet to a large round fence corner post, i for the southeast corner of the Foxworth•Galbralth Lumber Company First Tract, same being an inner el corner on the Denton State School tract, l I THEN CE South 89045'02" West, along fenceline and the North Boundary Line of the ' above mentioned Denton State School tract, 1,881,30 feet to a steel pin on the west side of a corner post for the southwest corner of the Foxworth-Galbraith Lumber Company First Tract, end being in the West Boundary Line of the N,E,P, b F,R,R, Company Survey, Abstract 9$01 THENCE North 0026'59" East, with a fence a distance of 3,027, , Pin set in the ground at the southwest corner of 13,1? i feet to an iron ' 7°~rr THENCE East with the southllne of I a 1,274,0 feet to an iron pin set In the ground at, t rtd,,ast i .7 ,astance r r" acre tract) 3t -ar: I~.Isj. THENCE North 40003' East, a dlStanee of 30MI feet ground in Said southwest rl ht-of-w to iron pin sat in the j the east corner of g of Interstate Highway 35 East and also being I 5ai'~ )5-1.37-acre tract. L, ! THENCE South 49'S~ cast, with sari rignt-oi.wyy a dIs tante rr 92 1 POINT OF BF GIN NrNr,, 7.03 feet to the i EXHIBIT i ! I f I l ;i II It v I; Y u It 11 a '1' t: ;i t.,l ltnul t \!I tiiRL ct'Win 6648u8 <tcl'r Lract t Almtract NuMer 101: parcel of land Iicuntad In the Job" McGowan ilead from Soul hrltIgo Itenk<tu {,utiut'/, ''cxn stud trrlct. ftcin~ Survey i In Volume ! A'noulaltun, Inc, In Mttcrlc.nll Srlvl n, 1, part: of the GtacC descrlhcd y, 668, pat~u 71t, or Illc bccd Recerdn of Uen I,H AslaclaCion of Sol as an recoY'ded i 'Cully daycrl1) heraln ;K nrcl6n ;Ind hrnnulro nn fuvo ss kon County, lexaa, Laid Srnut l>cLuq M,,, llt'nOr!tlLluDLit 1'tCrtl;(1f1111 clt• :c! ri t: i Ila Ilitt1a, ( 1wrl h(rIy ncrl l~wr^I( curuer o f f?xfaNL1 h(> tract beinl, d no r t haast CUt'n('1' C)t Lot 19, re irt,'. an r!' pngo 33 or the I'l rtr Itara,ras or IrcnLO 1ock J8 touthrid8oeflcrlbed he " c;(ttcnl.y,' "lock ss recorded in Volume 1 tonce the fol cowl It1, r - cn! 1.1 nlitttf= alun, 1 a southllno of aforementioned Block 38 Southridge South 7q deh,reus 14 mintItrs South 69 de(re' ~G !,ecuni111 Lnuf 3.3, 1feet ! an.d5 ulinuta!1 Ea!tt 10"S feet an Iron'ti ' r South 7U clecr,rea 45 tninuten East r South 75 degree,n 31 minurvi 2 n irnn pin Ht'C, 0 tec,nndn St 110-8 feetf a found iron pin, South 83 de to Iccundn Loot 116,61 foot., an iron pla not, E ft o~ti ,.1 tnltlutea plr !t leconci;c Rant 115,3 feet, an Iron pln not, • South 89 (IORUCen 46 Minute!( 14 second( CnNt 162,4 feet pl t North 84 dttl;Pcten 14 u1(nul.a!1 06 ,'ec „ an Iron pin sad, „ r Ionds Cant 143,0 feel., an iron pin sat IloIlorr North 869 6 th 6c1 (leg dol;ncc! 25 Mqut~ec! 16 rlerondfl Rant W.0 Coot, an from pin not, Q recs 53 ntllnttt.t 68 nucnndn Umt 140,2 Cool: an "X" Nor1:It 56 iletlt'een .39 m!nu!uN 17 Hneu da Hunt' 1'l(r, f t, In electric box North 5h do•~~ PVUUe 'JO+nlnulr.!I 12 vecondn Isnst 126,03rook aaltinppinffound, and Ilnl Lh b5 depretts 11 Inlnute~; I nt,t Iii, ly ftarotid!i I'naf lyJ,04 FaeC t:o Al airon of boutht Ich'r hri('rri pin found in the North- r Ilii.nt•(~ 1 iic,l Ifl 'IB JrI'iev 05 I mKIIIvs 16 svvondn Vdcf ryp rut with the not'theunt boundary line! of Soulllridgi, DrIvu to Lhe M"M Mouth curnuror LaL 22, MCI' It or SOUthridfle an shown by plat Irc,orded In volume J, I'Ip,e !if of I'ht 1'1.11. Records 1f Denton County, 'Cexael ' I ,i,r~nt.e (!u• Ir~IJctw llt; ! co i I -i rdi l It I lea, uct'up, oil hit ck or Irll. I Inc nC child 81ock 4 is I I'l(Ii tIr rl (1 IIC '(4l4 1 IN Milo 1 on cccr,nda Eno( I 11 iul I it 'V rii 1 I r+~4 nr . !I! Net tlndfi l ❑al rt Pound Iron pin, 'd I ! Itl I d II ! J; I ur I KIM ! ) . l I r, Von t11l CIO rill IIUI r. 1 !ih('ulld!t W au !s i , an Iran pill set, . OVY 16 it Ii;,.+ 1 % IVVI, an Iron pill anti llr,t l l 8't rla'I ac conrl' Kam! !l ~ ! I`!n'( tilt 11'(tn p111 ftllnll and itr, , la I't rt., an )run p)n ant.1 ; ,.ac r t, ~ ul dr'I~I t r 1 Blur'(' r ,Wlit 'slur I"~! I+'unrl'I 1.;Inl !,/iS (I$ [OVI In fhc Southweai, turner of I.lSt t 11 (hr ruinlrlllln+' of t: he IT Irwin 1 I t I f ` h . v r , I i , ~ , d l', • I I U ~ I ,r U d l 4' L / , 1. ilrll LII I / tIC"i'l!e t; , ' Q L i 1, IJ mlrsut rJl )t ('('(I! it, Jf I n', I. f1 t), ' rnl ,ruu" "u Ii Nt hurl , ; 7 drlct'ec 10 fu a7 I ce1, Murlli 8rl rlr+reer rout r. , ,n rcrcuntl!I I"1sL Ili, i fee'' nn iro11 pill oeL, J , 17 lhlncltI"Il ,I'rrnlrlc; Cn.ft 1n7;2/, 1, an lron [)III found +u1cl 9'hc'JU r' "hull, ql do's e ft rt l nii iron 011 sec: 11, IIc'It )I I;r'lvln 5trb~'divlllttl,ile!I 1'') ;iei~nnd~r LaItL Vt5 of) un r f+ e r. to t'hc n(,r; +nur:hwet~t earner ihoncc (tur'Lli l) ilcgl'c of Lot ur; /ib pill till( r,l I 1 _ itnc~livl,;iutt Iu nir Irrirr ,In rrl II~c, rcl+nclr I'.rf!II ')()o. 8s) ftr 'r ! lut t IIV tI ;I [`ul'llbl of n Li'tl(`1 tVe t11© 11)111 Inv Of the l;rwlt; r iry nerd t,l rrr'Otd In V,rlunit' 3 }/ill, ;I r, I ! l7:), In raid Br ed rcctird CtsCIIfvr'yed rior to the r.lfilfie t corner Ct ty n C bentati rr' 1Vi c o r t c o f y f'thle, VVO I trtllj II,a w; Lli uttd Cil of hrltlon r.rntl: r,r I 7~ i is I'r :I r [.'llCrct I l l:h n ctj to the 1 r' it di• t11P,lc. t11 ;l0 iler!towl 19 IainuCen 16 Seconds aft with a radius 19 it.ril lec't In nn iroll lilt t nlnul ( rlci;l tJetfl. 1 I I c i ❑L Lhe '"d of a tanAent of 204, 10 feet i se eI to id cur (!io mm 11 l Ilse va, and South 28 degrui VI 11'll't tf void McGowan Survey; li +tt3 Jrri!rt i;tl /I (1 IulnUt ii ! 5 nocttn<i'; IJctIL J 7431 9G f(1 ' runvc>>rti ttl lllrfnotl by direr} r,F , 1nJ, eL e of i „w I:r",( c{truul' of ('ills a tc'cotd In Vulurue 467 ltrl nar'Iltwca(- ro1')c' r al' f nl d iIAI'rllU li I ! ,e l43 In W 1 rrn t id h tile Lived nRecords into the lout illlfl rt LI•nct, nI, !roll pin set; I lhccr Il,rtls 00 I'[ e l' de.};reed ~3 Ininuletl I Ii t ta ctl -00. t LnGt denc)'iboci tll tluc+tl 1~ c.w G'!5, prtlr,rr IiO in said deed rocoi•rl,d; I CceC Co an iron Pill tit the iloCtheKdt1 rowIlPllol n tolJllaiser and SAn in re " corded in Vaium~ • c'.d 1. 1 u t„l iutainl; curl l;f rrLl 11 n i 11n(; rr s 1, t, iu r Ilr' ' olil Ir nttcl cttvC ) 111 Satrtht No t(H recorded in Volume 9 1 I lnl icurl,rcls of Talc! (.cuult~y; s ilclrh f}ti t> o f ill'p,rcfetl }G ,ulna([!!f 10 rrt, r I Nor tlt Ill clcll;,'r!e'I ?1. urinutrtr 2() ccailcln I;111i1 41,,2 feet, An 11,01) p111 sut, r + rondn IJent 1 .i JI rlel r'cen yll wlilu! tn1 70 sr lol ( l I 10 , 7 feet, an it-on Pin :let, I LI.(It conch CneL 1217 I'cteti An tron i2 )In reel: in Lhe Southline of llr' I I c l I'r•t,q ; tlcll't'Ii 15 urq,t ae°f Ob , ,'i l1, I(lil r'['nltd'r LAHL 168,'1 CenC i ' IioC'l:h h 1 [Ir'I ec: r / iI`crt: all il`on Ills neL, nn lion 11tH sel:, ll) ',r c nncll k(1. No 1-( It i duJlt uerl 15 w1, il•tli if It ill-C. o oiff ec ratlind vse I.' 'n it t 109, O fcl "i all from pin Bf3t, }In i 1 yll l Urlvco it tit] 1 (t 128,(} feel et, an iron pi.n $et ill tite aothlitle of Whose chord hems 8outll :crc:o ncl; th u 11 l i t l 6g deg rces 32 mi 1 I',n SG , (i4 ! c'o f to uh 11un pill ~n t.lio aoullllinc of llullyh r I Il cut vrr, nncl 1101,1 1, PI ,I,I , nuteY 45 i 11 breve tit e end of J'Inftinp l,t+'r'ii 0/1 Inlrnll:en Ilecolldtl Piglet I95,0 Ce;at to`t;he place of be- ~Ir'nllrl il'[,1:1 I k ntl rif tli,tl' tc,'riis lit i,,t. )r, ' 1,1 if I![ ' Al+yl l'II . i lrra' 1 I rlt I 1,,l paI t't'J u IIiIld, (i arL l7 1 r l :f n I 111110,01, fl, Ilu t'It' and (.utntl:y t+f Oi?ntUitr ''cxns and IeJna the ,nUApt jut of UWrin $UrVt iii i (t 1,t l clest:1, l ire'd I,i 11rctl 1 I oitl t!a i l zintlll, 'I'!'I' ee YA tl It Vulcllur! l r1 ;rtr, to D nton Res idon tial r ~f J i i, f tu+ ;lead recordli or tnrr i' CmInLy, null NI Vr by dtec! r I"' !~I I I lbl' irr, tl f I,rl ilc I I Ilrl' III'11f,ril ttl"i i(Ir'nL ltil I "1 'Irirt LI'ncl mbnLioil Oil I" r i „ I`rltnrd 1) 0 norrLhr.nr,I cinl'lirr csC0 tilf4l the mouth'; J I t I r of ' 1 ! .r(rr (r rrl~t r.l 11 ThUhCC goui it ilu (il? COf (r19t C01"1101, or 1J iCCOlluy 17c G1: 9 P(i, , ' Page 223, rl knot C(1,IVl'y('d. tP, I1 t:t (L~..r 111 Hnid (I er!(I 1M'!,'bi'M S tlJt RU!I to iw,,t eY a6fnrltD.,'enr t onnf t ts to NO- 1(Lil alas at Lila boil Cll'F, ` by dead of record In Valurne 130, , ,fhrnct will! t ea ittn of bni.d City tr il ncti iron pin for corner; ferl' to iron pin sei it ll~c hcRlltnii ,~r.t NOM 28 cieprees qq mi trnl on8le or 30 do ev of n curve to the left nutes 03 seconds East 19 ~ fuct, for "n arc dttiCaurc' qr ~i/uutcH 1fi aecotuira n radius ft and With 15 y6 corner of I Il; !Iir•96 feet to iron 1>i.n at the end of said laid curve! with i C00 r 833 2b feet , a tan Rent of 22571' cut'.e tor Thancc' Morth 84 do P. northwest; niat'thenaot col'nu He t'(c n 46 minul'eH I 1 `cun<ls Nnnt 18/,, 93 vor this ilt IhC nnl'thwr.gt cornea x!55, Vinv' 64 L In . rtid deal recul'dtl; feet to iron pin found for r of tract conveyed to burns of reward in north r' ' lid' 1 liomr :'Mil I, rr1 cll'r;t'r'o;; ~ c,Iln!'r I Q4 minulvn 25 Hccond!t Rnnt 758,1 +td fturnn tract; feet to iron pin shC at the aouthwe, 'I'iletrte' t~l~,l (II 88 Ilegri~ea 4t minutr>s 5S t;r.('ctndr; c ( i O11 riI I III(!.. rlt 41t Ld FiCCiO(Ji111 SIIrv( , F fn.at 1 riser r feet to an iron i i Y foe c'tlslt nor'l:heust corne of thi9j p n found on the r ""rh 02 rlni;rl!oH 25 s nlinutr;s 1,3 accolidn Va"It Ills ;e ,(,t'v," , 1tl2 84 feet to the plisse of bagtnniing, /c ! ti ncii'es, (Jl Ill ntn;i, sJr l•r, ) l-i i relrnre(I from n survey actually made on tho graurtdl . y KIhQ '1homas H, TZ Na 42Sistari@ II c(r S(r''10, Public Surveyor ni,l i I I Sri tf 1 j f linos, ffl r 'i'' ~ WA8D,4 A AS$ft I M FISCAL SUMMARY (ESTIMATES) Developer' Share 15" ! $28.50 x 72301 - $206,055 Dimension Development Co. Dimension-Unicorr, Lake Assoc: LTD Ir . Share 1527 m 79.01 $162,783 93 8pm 3 `t Southridge Place Joint Venture Share ~405gGm_.. ■ 21.01 $43272 3 gpm 1 v City's Share Difference for oversize between 15" @ $28:50/ft and 21" @ $45/ft ■ $16,50/ft x 7230' 3119,295 C ' TOTAL ESTIMATED COST FOR 7230' x $45/LF $325,350 F r ' t I I 3303U:4 F. . EXHIBIT "C" F" i .J i DENTON MUNICIPAL UTILITIES CERTIFICATE OF ACTUAL COST CITY OF DENTON AND PARTICIPATION AGREEMENT DATED FACILITY DESCRIPTION; ACTUAL COST OF FACILITIES; - DEVELOPER ! OWNER SHARE OF COST; CITY'S SHARE: " I hereby certify the completion of the herenrefarenced facilities and certify the actual cost of the City's' participation to be as stated above, This statement ohall be attached to the original participation agreement and become a part thereof, j pate,.. Director of Utilities Notary Public ` My Commission Expires; I' OtlIIInoL•: CAy Sod, ! 0opliodw Dovolopoi-OWnot 1 Tilp9cato' Dil, of UR +r L-L-UY-Y-T IF ~ r .I i i s r t r 1 I r I r; t I e E i . I M f 6 . 817,382.1641 or Morro 214,267,6931 , '?fir -k`„--P c~," T...,,..~-:45 •a-~-., t .17 s Mr C. David Ham Assistant Director of Water/Wastewater } City of Denton Municipal Building 1 Denton, Texas 76201 € Dear Davet Thank you for your assistance and pergeverance in the con- struotion of the sewer line through the North Texas Industrial Park. As per your request I am returning the enclosed Sewer Line Oversize Participation Agreement to be revised and return to me. If you need any further assistance please call men Si car y Tam Fouts REALTOR Enylli'7 el 1 } ~ti ~CiGC C,~ cC W l r' 74 oG r r - / l,r(~(' y (`7, L!~ GLrG `r ~ , G/ ,.4 r~ ~ r I C G6~ / i r! rr c / l f/~c~ rr<•r u } v,vc p(v C ` / "v gEALTOF~ vl h 5l 4 4 } 1 i SEWER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE; OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: Inn COUNTY OF DENTON g THAT WHEREAS, Tom Fouts d/b/a Toro Fouts Realty, 700 Dallas Or , Denton, Texas 76201 is the Developer of certain property j shown on the attached map, which map is incorporated herein as if set forth in full in the City of Denton, Denton County, Texas, and further descrKed as property on Woodrow Lane at Morse Street., and Developer desires to serve such property with approximately F 1060 feet of on and offaite sewer line facilities; and, Ty , ~ a' WHEREAS the City of Denton desires that such on and offsite sewer facilities be oversized and the City will participate in the , additional cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A. to the Codo of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of 158,x` by and between Tom outs Realty, ben Con, xaa1 11 a natter called "Developer", and the City of Denton, `exaa, A ome Rule municipal Corporation of the State of 'Texas, ~ hereinafter called "City"; ' WITNESSETH i r I. The Developer will install, by contract or othet'wise, 18" sewer line and necessary appurtenances to serve the property MCA on t He attached map in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map ' which is made 'a part hereof and incorporated herein by reference. ~ 2. The City's share of the estimated cost of said facilities AT is 14 840.00 1060 LF X_ (135.40 - 21.00 Upon completion of conatruCt on an acceptance by the ty n said facilities, the actual cost of the City's participation ill said facilities shall i be determined and certified to by the Director of Utilities, and his certificate setting out the Cityca cost of said facilities shall be attached hereto and made a part heroof. 1 3. The City shall pay for its share of the facilities within thirty (30) days from the daNo of acceptance of the facilities, or under such terms and cued?.lions that are mutually acceptable to the parties. r 4. Title to said facilities is hereby and shall at all times r, he vested in the City. + 5. The Developer shall and dons hereby agree to indemnify and hold harmless the City from any and all dnmages, loan or liability ::f any kind whatsoever, by reason of injury to property or third ;nrt " occasioned by nay act or. omisaion, neglect or. wrong-doing veloper, its officers, agents, employees, invitees, tors or other persons with regard to the performance of mtract, and Developer will, at its own cost and expense, and protect against any and all such claims and demands. SEWER LINE OVERSIZE PARTICIPATION AGREEMENT /TOM FOUTS REALTY/PAGE 1 IV- LL II. J 1 IN WI'INFSS Wgr#KEOF, this instrument is executed in triplicate : originals this 8"``day of19$,1T•. TOM FOUTS REALTY BY; rt ' t ry `UM FUUTS rf = _ 5 l , i14 ~ "V CITY OF DENTON, TEXAS BY; ; i 1 ATTEST; i G~ } CITY OaFl)t NTON T EXA, E APPROVED AS TO LEGAL FORM.- JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BYs t i ,fir r s l G , k[1 y v - `=rte t l SEWER LINE: OVRR812E PAR'T'ICIPATION AGREEMENT/TOM F'OUTS REALTY/PAGE 7. ' 1 ry ; . I : 1 ~ 9, ` r IS I ~ A i , { Vdlr f r T-T e a 1 9 I I ♦ , ~f fY6Y A~f}~fi ' F~!.r..'l ~ ' DENTCV MUNICIPAL UTILITIES CERTIFICATE OF ACTUAL COST .J14.LSE,J.G~l1E_I~k1V.J,J~4!'hlli~i'J' CITY OF DENTON AND ~ Jfunrury R, ]-nR5 _ PARTICIPATION AGREFMFNT DATE[); - - , 0%fallsilo Soworlino 10" to IV and 151' ~ FACILITY DESCRIPTION; 2785 Li! Q~SZfagxkil of sewer line Plcmdows/south fork Mobile ito ilelno ACTUAL COST OF FACILITIES; DEVELOPER 1 OWNER SHAPE OF COST: CITY'S SHARES 9_ A. f G , 3(1_.._.__. I hereby milli the completion of tIa ovorefThisostatlemelntsshand cor elf b©tiHttechecl ttol the costorigiof al City's partllpation to be nam~,, b perticlpat4,, t1 - part tr:Hrenf. I antar My Cammisslon Expires !!•I Y (flulflal. Ul4 Guphanlu, i>nvolupor,r}Wpoi 1 ffryAlcotu tlh nl Util. i i i 7 1 O961L r SEWER LINH; OVERSIZE PARTICIPATION AGRLN.MI;N"r THE STATE 01' TEXAu § KNOW ALL MEN BY THRSii PRE;SFNTS, COUNTY OF DENTON ~ THAT WHMEAS, lioligan Development, Inc., 2720 Stemmons Freeway, Suite 203, South Tower, Dallas, Texas 75207 or its assigns, is the Developer of certain property shown on the attached map, which map is incorporated herein as if set forth in full, in the City of Denton, Denton County, Texas and further described as north side of MoKinney Street and Dove per desires to serve such property with approximately 5420 feet of on-site and off-site sewer line ` facilitiesI and WHEREAS) the City of Denton desires that such on and off-site ~'<< sewer facilities be oversized and the City will participate in the Additional cost of the oversized facilities pursuant to rile ' provisions of the Denton Development Code, Appendix A to the Code s of Ordinances of the City of Denton, Texas; j ar OW, THERSI'OR1r, THIS AGRE>;M! NT, mode Chie~ day cf 198, by and between Holigan Development, lrna., or it ass gl here nafter called "Devoloper", and the City of Denton, Texas a I 1.. !;ome Rule Municipal Corporation of the State of Texas, hereinafter j called "City"; WITNSSSEM I 1. The Developer will install, by contract or otherwise, an 12 sewer line and necessary appurtenannes to serve the property escr, a on C e attac a map n accor ance with all City of ` Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map I which is made a part hereof and innorporated herein by reference, 2, The City's share of the estimated cost of said facilities is 10 840x00 m51420 Li'' X (2~ .00 21.00. Upon completion of construot on an eacopCance the L~ c said facilities, the I actual c oar of the City's participation in said facilities shall ~s,'• be determined and ourtified to by the Director of Utilities) end his certificate setting out the City's cost of said facilities ! shall be attached hereto and made a part hereof) [ 3, The City bhall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities or under such terms and conditions that are mutually acceptable to the parties 4. TiLlo to said facilities is heroby and shall tit all times be vested in the City, 5, The Developer shall and duos Iloraby agree to indemnify and hold havmloss the City from any and an damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong doing of Developer, its officers, al;ents, employees, invitees contractors or other persons with regard to the performance of this contract, and Developer will, at its own cost and exponse, defend end protect against any and all such claims and demands I 1 4 1' 1 1 , 4 1 i\ SEWER LINE OVERSIZE PARTICIPATION AGREEMENT)/11OLIGAN MLLOPMENT, i INC./PAVE 1 r ~I J IN WITNESS yWt~IFREy this in8trument it; executed in triplicate original thi,rt ay of z, , 19Al~ , 11OLIG;IN DHVH;LOI'tIEN'P, INC. 1 j ROL s BY: &C MANAGER , s F k 2i' CITY OF DENTON) TEXAS 1 a r BY., ILI" an ATTEST: L, 'I *C'ITOF D APPROVED AS TO LEGAL FORM! 1 JOE D MORRIS, ACTING CITY ATTORNEY + CITY OF DUNTON, TEXAS 1 BY: , ItAtr VV < a r , i i 1 8EWER LINE OVERSIZE PARTICIPATION AGREEMENT/11OLICAN DEVELOPMENT, 1NO,/I'AUE 2 IL' N 1 I f 1 1 , y r .1, ~ 1 r I'_! ~ } 1 Lr..+.+~~~ILL Ir "wl.~ ITT~1 , l i " i~ r ~ . .Y ft1 f3 1 [1 r .I 1 ~'.,rrrrr+r, rr ~ ' - P 1 Y ' 1 'pl jll r ' ' 1 } f1 I 1~ \ SAY 1'~ tY1+ ` ~y r + M _ ~ ~ 1•' ~,1. r r 1 , ' Ohl ~1 i • (L 1f 7 N I III 1 I ! IF 1 I.'griley • 1 ~ I ~ li 1 I 1- ,yrr'tr~ti 1 , ~ i'~ , ~~•-r;.....". ' ' ~~I.1 X1:5 r . t 5 h t " h' 1 I V Imo., 7 1 ol 41 ol- /'.r, 1.1 'r~ 111 w ~ ' + YYI ( II alr i f+•o.n 1'I 1 [ it 1`~ r~ 0.1' 10 1+ y 1 A ' 1 1 53~,1~ 11 11r •,v t , 11 M 4 1 1', `1MW I'1'r1 V LI wl' ,/r qy, •'I 1 w. J ~^~,Ir rasr! rrr lr[ ~ 1' ' .r I I IN le t ir I r I I I i 1 'ENI) Al 10 i a I ~ rM 'ant { .