HomeMy WebLinkAbout2014-128WHEREAS, on or about July 20, 2004, the City Council adopted Ordinance No. 2004-
191, authorizing the execution of an Interlocal Cooperation Agreement Use of Street Right -of -
Way for DISD Fiber Optic System ("Agreement"), by and between the City and DISD;
WHEREAS, on or about October 19, 2010, the City Council adopted Ordinance No.
2010-265, amending the Agreement and authorizing the execution of Amendment No. 1 to the
Interlocal Cooperation Agreement which granted DISD the right to utilize additional street right
of way for DISD fiber optics systems and other matters ;
WHEREAS, the City Council of the City of Denton has heretofore determined that it is
advisable to authorize the amendment of the Agreement as set forth in Amendment No. 2 to
Interlocal Cooperation Agreement ("Amendment No. 2"), attached hereto as Exhibit A and
incorporated herein, between the City and DISD, amending the term, consideration and
termination provisions of the Agreement; and
WHEREAS, the City Council desire to authorize the Mayor, or his designee, to execute
Amendment No. 2 with DISD; NOW, THEREFORE,
SECTION 1. The above and foregoing preamble is incorporated into the body of the
ordinance as if copied herein in its entirety.
SECTION 2. The Mayor, or his designee, is hereby authorized to execute Amendment
No. 2 between the City and DISD, which is attached hereto, and present the same to the DISD
Board of Trustees for its approval.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the kh day of'. 2014.
T-UMMMUD Xl7ATM1DQ OTTV 0,'PPT?-PTAW
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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AMENDMENT NO.2 TO INTERLOCAL COOPERATION AGREEMENT
USE OF STREET RIGHT-OF-WAY FOR DISD FITTED. OPTIC SYSTEM
This Amendment No. 2 to Interlocal Cooperation Agreement Use of Street Right -of -Way
for DISD Fiber Optic System, is made and entered into between the City of Denton, Texas, a
Texas home rule municipal corporation (the "City") and the Denton Independent School District,
an independent school district of the State of Texas ("DISD"), organized and existing under the
laws of the State of Texas, each acting by and through, and under the authority of their respective
governing bodies.
WHEREAS, the City and DISD, on or about July 20, 2004 (Ordinance No. 2004-191),
entered into that certain Interlocal Cooperation Agreement Use of Street Right -of -Way for DISD
Fiber Optic System (the "Original Agreement"), and on or about October 19, 2010 entered into
that certain Amendment No. 1 to Interlocal Cooperation Agreement Use of Street Right -of -Way
for DISD Fiber Optic System (Ordinance No. 2010-265; "Amendment No. 1"), providing for the
right to DISD to locate certain fiber optic facilities within City street right-of-way, upon the
terms and conditions set forth therein;
WHEREAS, the Original Agreement provided for the cable routes as indicated in the
map attached as Exhibit "C", attached thereto and incorporated therein by reference;
WHEREAS, Amendment No. 1 provided for the cable routes as indicated in the maps
attached as Exhibit "C" and "C-1", attached thereto and incorporated therein by reference, and
amended the requirements of performance bonds and other matters, to which the parties were
amenable to;
WHEREAS, DISD and City further desire to an -lend the Original Agreement as concerns
the requirements of consideration to be paid by DISD to the City, to which the parties are
amenable to such amendments;
WHEREAS, the CITY and DISD are local governmental entities, both of whom have the
authority to perform the services set forth in this Agreement individually and who mutually
desire to enter into an interlocal cooperation agreement, as provided for in Chapter 791 of the
Texas Government Code in order to maximize the benefits to the stakeholders of the CITY and
DISD derived from public funds;
WHEREAS, there is a valid governmental purpose served by this Agreement by DISD to
use City rig6of-way to provide high technology communications capability and connectivity
for the DISD in order that DISD may interconnect its facilities to provide enhanced services to
the students of DISD, as well as to DISD's support and administrative functions;
WHEREAS, the Interlocal Cooperation Act, as set forth in Chapter 791 of the Texas
Government Code, authorizes the CITY and DISD to enter into this Agreement for the purpose
of achieving the governmental functions and providing the services represented by this
collective, cooperative undertaking.
WHEREAS, DISD is granting the CITY a perpetual Electric Utility and Communication
Easement and the CITY is perpetually partially abandoning and releasing a public drainage
easement and terminating the annual payments.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of such being acknowledged by the CITY and DISD, the CITY and DISD
hereby agree to amend the Original Agreement as follows:
ARTICLE III — TERM OF AGREEMENT: This paragraph is deleted in its entirety and
replaced with the following:
"The CITY and DISD agree that the term of this Agreement shall be for twenty five years
from the effective date of this Agreement."
Page 2 of 5 — Amendment No. 2
2. ARTICLE IV -- CONSIDERATION TO BE PAII-) BY DISD TO 7'I IE CITY
a. The title for Article IV is revised to read "CONSIDERATION BY DISD TO THE
CITY."
b. Paragraph A. is deleted in its entirety and replaced with the following:
A. I DISD shall pay the CITY an annual payment, beginning on the
effective date of this Agreement, according to the payment schedule
below, and continuing on each anniversary thereafter.
Years 1 — 5: $25,000.00/annually
Years 6 — 10: $27,500.00/annually
Years 11-25: $0.00/annually (See paragraph 2 below).
2. No later than the eleventh anniversary of this Agreement, and as
consideration for years 11 — 25 of the Agreement, DISD shall convey to
the CITY an Electric Utility and Communication Easement in, on, over,
under, and across certain lands located in the S. McCracken Survey,
Abstract No. 817, located in the City of Denton, Denton County, Texas,
and the CITY shall partially release and abandon a certain Public Drainage
Easement located in the S. McCracken Survey, Abstract No. 817, located
in the City of Denton, Denton County, Texas. The specific terms and
conditions are set forth in the Easement Purchase and Abandonment
Agreement, Electric Utility and Communication Easement, and
Abandonment and Release Agreement attached as Exhibits A, B, and C.
3. Denton Municipal Electric, no later than the eleventh anniversary
of this Agreement, shall transfer from the appropriate fund the amount of
Page 3 of 5 — Amendment No. 2
Three Hundred and Thirty Thousand Dollar and No Cents ($330,000.00)
to general fund of the CITY.
3. ARTICLE V — TERMINATION OF AGRE 1Al N`IT:
a. Paragraph A is deleted in its entirety.
b. Paragraph B is relettered as Paragraph A and amended to add the following at the
end of the paragraph:
"DISD agrees that the only relief it may seek against the CITY for breach of this
Agreement is monetary damages. DISD agrees that it cannot, in any manner, seek relief
that would terminate, or in any manner effect, the easement granted to the CITY by DISD
as set forth in Article IV, A, 2."
C. Paragraph C is relettered as Paragraph B.
4. Except as expressly amended hereby, all terms and provisions of the Original Agreement
and Amendment No. 1 shall remain valid and subsisting as originally provided.
CITY OF DENTON, TEXAS
A Texas Municipal'Corporation
m-- h-BtTFJZOUQH ,WAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO y D AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 4 of 5 — Amendment No. 2
DENTON INDEPENDENT SCHOOL DISTRICT
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ATTEST:
s
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APPR " ED AS TO LEOAI.. FORM:
M
5 of 5 —Amendment No.
• OWNER OFTHE PROPERTY1 BELOW), HAVE THE RIGH
TO: DISCUSS ANY OFFER OAGREEMENT RE R 1
ING THE CITY
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KE E P T
OFFER OR • UNLESS THE OFFER OR
SUBJECTIS • CHAPTER 552, GOVERNMENTCODE.
EASEMENT PURCHASE AND ABANDONMENT AGREEMENT
THIS EASEMENT PURCHASE AND ABANDONMENT AGREEMENT (the "Agreement"),
by and between Denton Independent School District, a subdivision of the State of Texas
("OWNER"), ERI — Mills Road, L.P., a Texas limited partnership ("ERI"), and the City of
Denton, Texas ("CITY"), is dated t _R, 2014.
WITNESSETH:
WHEREAS, OWNER is the owner of certain lands located in the S. McCracken Survey,
Abstract No. 817, Denton County, Texas ("Property"), being affected by the expansion and
improvement of City of Denton electric transmission and distribution facilities ("Project");
WHEREAS, ERI is the owner of an option to purchase certain real property (the "Option
Lands"), being a part of Easement Lands as defined below, as prescribed, and under the terms of,
that certain Purchase Option Agreement ("Option Agreement"), dated on or about August 28,
2009, by and between Owner and ERI, and recorded under Court Clerk No. 2009-108523, Real
Property Records, Denton County, Texas; and
WHEREAS, CITY is in need of certain easements in, along, over, upon, under and across
a portion of the Property related to the Project; and
WHEREAS, ERI is joined in this Agreement for the sole purpose of consenting to the
grant of Easement to the City as contemplated herein, notwithstanding any terms of the Option
Agreement;
WHEREAS, the CITY is amenable, upon the terms and conditions set forth herein, to
abandon (i) a poi-tion of that certain easement, dated on or about August 26, 2003, from Denton
Independent School District to the City of Denton, Texas, recorded as Document Number
158006, Real Property Records, Denton County, Texas; (the "Prior Easement"), INSOFAR AND
ONLY INSOFAR as the Prior Easement covers and encumbers the tract of land described on
Exhibit "E", and depicted on Exhibit "F", respectively, attached hereto and made a part hereof
for all purposes (the "Abandonment Tract"), in exchange for the granting of an electric utility
transmission and communication easement (and as more particularly described below, "Electric
Easement"), as more particularly set forth in this Agreement, to the CITY by OWNER and ERI;
WHEREAS, OWNER, ERI, and the CITY agree that the Prior Easement, INSOFAR
AND ONLY INSOFAR as the Prior Easement covers and encumbers the Abandonment Tract
and the Electric Easement contemplated to be acquired by the CITY pursuant to the terms hereof,
are of equal value; and
WHEREAS, it is desirous of all parties to stipulate and agree to the terms, conditions,
abandonments, releases and conveyances associated with the conveyance of the Electric
Easement and the abandonment of the Prior Easement, INSOFAR AND ONLY INSOFAR as the
Prior Easement covers and encumbers the Abandonment Tract.
NOW, THEREFORE,, for Ten and No/Dollars ($10,00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
1. At Closing, the OWNER shall grant, execute and deliver to the CITY, an easement in, on,
over, under and across the tract of land being described in Exhibit "A", and depicted in Exhibits
"B", respectively (the "Easement Lands") each attached to and a part hereof, that certain Electric
Utility and Communication Easement, attached hereto as Exhibit "C" and a made part hereof, for
electric transmission and distribution and communication purposes, as more particularly
described therein (the "Electric Easement"). The Electric Easement shall be in the form as
attached hereto and incorporated herein as Exhibit "C",
2. At Closing, ERI shall execute and deliver to the City the consent included in the Electric
Easement.
3. At Closing and after completion of the requirements of paragraphs I and 2 above, and as
consideration for the granting of the Electric Easement by OWNER, and consent of the same by
ERI, the CITY shall execute and deliver the Abandonment and Release (the "Release") of the
Prior Easement, INSOFAR AND ONLY INSOFAR as the Prior Easement covers and encumbers
the Abandonment Tract, to OWNER and ERI, in the form of the Release attached hereto and
rnade a part hereof as Exhibit "D".
4. At Closing, and after the completion of the requirements of paragraphs I through 3 above, the
OWNER shall accept, execute and deliver to the CITY the Release.
5. At Closing, and after the completion of the requirements of paragraphs I through 4
above, ERI shall execute and deliver to the CITY the Consent included in the Release.
F�
6. OWNER and ERI stipulate that the execution and delivery of the Release, constitute and
include all compensation due OWNER and ERI by CITY related to the Project, including
without limitation, any damage to or diminution in the value of the remainder of OWNER'S and
ERI's property caused by, incident to, or relined to the Project, any damage to and/or costs of
repair, replaccinent or relocation foj• 01° reljte(l to improvements, turf, landscape, vegetation or
any railer structure or facility of any kind oil the l�;asement Lands or other property interests of
OWNER and ERI related to t-icifivitics witilill the scope of the rights granted by the Electric
Easement, whether accruing now or hereafter, and OWNER and ERI hereby releases for itself,
it's successors and assigns, CITY, it's officers, employees, elected officials and agents from and
against any and all claims it may have now or in the future, related to the herein described
matters, events and/or damages.
7. The Closing (herein so called) shall occur in and through the office of Title Resources at 525
South Loop 288, Suite 125, Denton, Texas 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 60 days after the Effective Date, unless the OWNER
and ERI and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date").
(a) The OWNER shall execute and deliver the Electric Easement to CITY at
Closing, free and clear of all debts, liens and encumbrances ("Encumbrances").
The OWNER and ERI shall assist and support satisfaction of all closing
requirements of the CITY in relation to solicitation of releases or subordinatioris
of the Encumbrances and other curative efforts affecting the Easement Lands, if
necessary in the discretion of the CITY. In the event that all Encumbrances are
not cured to the satisfaction of CITY prior to Closing, such shall not be a default
hereunder, although OWNER and ERI may otherwise be in default under Section
8; below. However, if the Encumbrances are not cured as provided herein, CITY
has the option of either (i) waiving the defects related to the remaining
Encumbrances by notice in writing to OWNER and ERI on or prior to Closing,
upon which the remaining Encumbrances shall become Permitted Exceptions
(herein so called), and proceed to close the transaction contemplated by this
Agreement; or (ii) terminating this Agreement by notice in writing to OWNER
and ERI, in which latter event OWNER and ERI and CITY shall have no further
obligations under this Agreement.
(b) The CITY shall pay all typical customary and standard closing costs
associated with this transaction, except for OWNER and ERI's attorney's fees, if
any.
7.A. In the event Closing shall occur, the CITY shall execute and deliver to the
OWNER and ERI, the Release.
3
8. The date on which this Agreement is executed by the last to sign of the parties shall be the
"Effective Date" of this Agreement.
8.A. This Contract of Sale may be executed in any number of counterparts, all of which
taken together shall constitute one and the same agreement, and any of the parties hereto
may execute this Agreement by signing any such counterpart.
8.13. In the event OWNER and ERI shall default in the 1)crfOrma11cc Of 'Illy Covenant or
term provided herein, and such default shall be continuing ,kjjei. ten (10) days w rittell
notice of default and opportunity to cure, CITY may excl-clse lIlly rig Jlt, or remedy
available to it by law, contract, equity or otherwise, il-ACILK11TIL?, WithOtlt 1il11ittlt'()111 ["le
remedy of specific performance. I
8. C. In the event CITY shall default in the perforl-nance Of `411Y CO%tell'Ant or tel"I'll
provided herein, and such default shall be, continuing after tell (10) days written 110tice Or
default and opportunity to cure, OWNER and ERI may, as its soie acid exclusive' emedy
terminate this Agreement prior to Closing by written notice OfBasch ele(A011 to CI,Y•
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS,
10. From and after the date of execution of this Agreement by OWNER and ERI, to and
including the time of Closing, OWNER and ERI shall not (i) convey or lease any interest in the
Easement Lands; or (ii) enter into any agreement that will be binding upon the Easement Lands,
or upon the OWNER and ERI with respect to the Easement Lands, after the Closing.
11 OWNER and ERI represents and warrants to CITY that it has taken all actions necessary
to authorize the person executing this Agreement for and behalf of OWNER and ERI to bind, in
all respects, OWNER and ERI to all terms and provisions of this Agreement, that such person
possesses the authority to execute this Agreement and bind OWNER and ERI hereto, and that
this Agreement is binding and enforceable upon OWNER and ERI in accordance with the terms
hereof.
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. THE PARTIES AGREE THAT THIS AGREEMENT ONLY
0
APPLIES TO THE ELECTRIC EASEMENT AND ABANDONMENT AND RE, LEAS
THIS 1, • •' 1• •
TO THE INTERLOCAL
COOPERATION
••' OF •
IGH
• I) 1 I 1 • • DENTON ORDINANCE 2001.
1(41 ANY AMENDMENTS
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Electric Easement.
14. Any notices prescribed or allowed hereunder to OWNER and ERl or CITY shall be in
writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as
described herein, and shall be deemed delivered upon the earlier to occur of (a) the date provided
if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
Denton Independent School District
A subdivision of the State of Texas
Dr. Jamie Wilson, Superintendent
1304 North Locust
Denton, Texas 76201
Telephone: (940) 369-0002
Telecopy: (940) 535-5749
An
ERI — Mills Road, L.P.
John W. Pearson
4880 Long Prairie Rd,, Suite 200
Flower Mound, Texas 75028
Telephone: (469) 635-2824
Telecopy: (469) 635-2804
Copies to:
For Owner:
Randolph W. Stout, P.C.
Randolph W. Stout, Esq.
513 W. Oak Street
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telephone: (940) 349-8910
Telecopy: (940) 349-8951
For City:
Larry Collister, Deputy City Attorney
City Attorney's Office
215 E. McKinney
5
Denton, Texas 76201
Telephone: (940) 535-5749
Telecopy: (940)535-5749
ERL
Liechty & McGinnis, LLP
Lorne 0. Lieclity, Esq.
11910 Greenville Ave., Suite 4400
Dallas, Texas 75243
Telephone: (214) 265-0008
Telecopy: (214) 265-0615
Denton, Texas 76201
Telephone: (940) 349-8333
Telecopy: (940)382-7923
15, In the event prior to Closing, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Easement Lands, CITY may, at its election, terminate this Agreement at any
time prior to Closing.
16. Authority to take any actions that are to be, or may be, taken by CITY under this
Agreement, including without limitation, adjusting the Closing Date of this Agreement, are
hereby delegated by CITY, pursuant to action by the City Council of Denton, Texas, to Phil
Williams, General Manager -Electric Administration of City, or his designee,
CITY OF DENTON, TEXAS
By:
GEOROE'C, CANITITELL, CITY MANAGER
Date: 2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Jzr�
Date: 2014
6
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:— - ct
Date: 2014
Denton Independent School District
A Subdivision of the State of Texas
By:
Dr. Jamie Wilson, Superintendent
Date: 2014
FMM
ERI-Mills Road, L.P.,
A Texas limited partnership
By: Elk River Investments, Inc.,
A Texas corporation,
Its general pa-riner
B Y:
Z"
John W. Pearson
Date: 2014
11
1111 111111 qJ1111 iiiiiijillillillilliill III 1; 6
By its execution below, Title Company acknowledges receipt of one, (1) executed copy of
this Agreement, Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(c) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
lfflffgqlm��
Title Resources
Attn: Virginia Kubiak
525 south Loop 288
Suite #125
Denton, TX 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
M.
Printed Name:
Title:
Contract receipt date: 2014
The foregoing Easement 11u c.l ase and Abandonment Agreement was offered for approval on
r
motion made by ) r. /, -Ae /'C'. ,seconded by
and after discussion was adopted by the Board of Trustees of the Denton Independent School
District at a regularly scheduled meeting called, posted, and held in Denton, Denton County,
Texas, on August 26, 2014, at which Trustees were present, by the following vote:
For, -a Against, and �" Abstaining.
DENTON INDEPENDENT SCHOOL DISTRICT
Glenna G. Harris, M.D., President
Board of Trustees
ATTEST:
Jew 1ta Smith, Ed.D. S&Crctary
Gi
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A 5. 193 ACRE TRAC TOF LAND tN'IIIE S. McCRACKEN
ABSTRAur Numniz 8n, DEN-FON COON T)VI'EXAS, AND BF-JNG A PORTION TIIA-r
CER'FAINTRACTOF LAND DESCRmED IN DEED'I'O DENTON ['N[)E11FNDF'M35CH00I,
BER 97-83 7 10 0 1 'D
i)JS"J'JkJC`r (DISD) RECORDED IN DOMMENT NUM F'j1I1-DEED It L COKTXS
OF DENTON couN'ry,TEXASi SAID 5,193 ACRE TR,AC1'BEtNt3 Mt` Rl' PARTWULARLY
DESCRIBED BY METES AND BQUNDS AS FOLLOWS:
BEGINNING at a broken conclete aloijunlent found at the most e3sterIY',,01Jltle"l4l corner of slid
DISD tract and being [tie most snuiltwcslct ly cot-rier of F1 pact of land as described in deed to SF -I,
' LLC as RWOT'dad it) Document N411111-Iff 08-00710 of said Deed Records and OISO
DRIVE, being oil, the northerly right-of-way line of State 1-11gilwity Loop 289 (A Variable Width Right -Of -
Way);
THENCE South 851 59' 151, West, along the northerly right-of-way line of said State Highway Loop
288, a distance of 30.79 feet to a point for corner, from which a broken concrete nionunient found at
the most southerly southeast corner of said DISD tract bears South 851 59' 15,, West, a distance of
13.94 feet;
THENCE, departing the northerly right-of-way line of said State Highway Loop 288 and across said
END tract the following courses:
North 60* 23' 53" West, a distance of 125.00 feet to a point for corner;
North 620 20' 02" West, a distance of 205.75 feet to a point for corner;
North 650 54' 29" West, a distance of 203,36 feet to a point for comer, from which a broken
concrete monument found on the northerly right-of-way line of said Loop 288 bears
South 171 33' 17" West, a distance of 10.05 feet;
North 750 26' 38" West, a distance of 533,86 feet to a point for corner;
North 790 3 1' 05" West, a distance of 351.87 feet to a point for comer;
North 801 04' 1311 West, a distance of 354.00 feet to a Point for comer;
North 79147' 27" West, a distance of 303.28 feet to a point for corner;
North 82* 23' 17" West, a distance of 373.84 fee( to a point for corner;
North 860 59' 37" West, a distance of 367.81 feet to a point for comet;
North 89029' 12" West, ad istaticeoi'169,67 feel to a poi al fol. Comer on the easterly I! lie of
a Right -of -Way Dedication as shown on the fillal pint of'Oie Denton Childhood Centel -
as recorded in Document Number 10-0000 113 of saki Deed Records Rild fi Orn which L I
inch iron rod with cap found on die not-thctly tjgjjt,of',w,,ky jjj,,e of said Suite RighMV LOOP
288 and the most southerly southeast corner of said Demon E1,11,ly Childhood Center beav�
South 000 071 48" West, a distance of 10,00 feet;
THENCE North 001 07' 48" East, along said Right -of -Way Dedication line, passing a 5/8 inch
capped iron rod stamped "TNP" set at the intersection of the centerline of the herein described ti'act
and said right-of-way line, continuing ill all a total distance of75.00 feet to a Point for corner;
Z�
THENCE, departing Said ltjgjjt_of-\Vay Dedication line and across said DISD tract the following
courses:
South 89' 29' 12" East, a distance of 170.81 feet to a point for corner;
South 86' 59' 37" East, a distance of 372.46 feet to a point for corner;
South 82' 23' 17" East, a distance of 378.56 feet to a point for corner;
South 79' 47' 27" East, a distance of 304,80 feet to a point for corner;
South 80104' 13" East, a distance of 354.83 feet to a point for corner;
South 78' 3 1' 05" East, a distance of 354.90 feet to a Point for corner;
South 75' 26' 38" East, a distance of 542.13 feet to a point for corner;
South 651 54' 29" East, a distance of 211.95 feet to a polio for corner;
South 62' 20' 02" East, n distance o[209.36 feet to a point for comer;
South 60* 23' 53" East, a distance of 117.67 feet to a point for comer of the easterly line Of
said DISD tract and the westerly line of said Sel Sherman Drive tract and fi-on, which a 1/2
biclit iron rod found at an angle point In the easterly line of said DISD tract bears
Notch 000 58' 04" West, a distance of 217.09 feet;
THENCE South 00" 58' (m' rust, along tile cr)jjjjn()n line of said DISD and Sel shelinan Drive
incil (,�appv
tracts, passing a 518 �(j irol, rotj stamped ITM" set at the intersection of the centerline of the
hcr6i described tract Ind said Common title, collitnuing in all a total distance of 67.31 feet to the
POINT OF BEG INNI NG and containing 5.193 acres of land, more or less.
Adam Whitfietc
Texas Registered Professional (Olhl Surveyor
Texas Registration No. 5786
Date: January 16, 2013
Page 2 of 6
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NOTICEOF •'
MAY RE MOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN RE AL PROPERTY BEFORE' IT
IS FILED • RECORD• 1 YOUR •'
NUMBER OR • NUMBER.
ELECTRIC UTILITY AND COMMUNICATION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, Denton Independent School District, a subdivision of the State of Texas (the
"GRANTOR"), for and in consideration of Ten Dollars ($10,00), and other good and valuable
consideration, to GRANTOR in hand paid by the CITY OF DENTON, a Texas home rule municipal
corporation, which is located in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold, and conveyed and by these
presents does grant, sell and convey unto the GRANTEE perpetual, exclusive and unobstructed
easements and rights of way (collectively, the "EASEMENT") for the purposes of erecting, operating,
maintaining and servicing thereon one or more underground and/or above ground electric transmission
and electric distribution power and/or communication lines, each consisting of a variable number of
wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and
supporting structures, including without limitation, foundations, guy wires and guy anchorages, and
structural components (collectively referred to herein as the "FACILITIES"), in, on, over, under and
across that certain real property situated in the S. McCracken Survey, Abstract No. 817, Denton
County, Texas, being approximately 5.193 acres and being more particularly described in Exhibit "A",
and depicted in Exhibit "B", respectively, each attached hereto and incorporated into and made a part
of this document by reference (the "EASEMENT PROPERTY").
GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the
EASEMENT PROPERTY for the purposes of, and right to, construct, maintain, operate, improve,
reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove
or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to
time find necessary, convenient or desirable, along with all rights necessary or convenient for full use
and enjoyment of the above grant, including access over, across and upon the EASEMENT
PROPERTY.
GRANTEE shall have the right to trim or remove trees or shrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to
prevent possible interference with the efficiency, safety and/or convenient operation of the
FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall
not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water
within, over and/or across the EASEMENT PROPERTY without prior written consent of GRANTEE.
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to install gates in existing
fences within such EASEMENT PROPERTY.
GRANTOR, for itself, its successors and assigns, subject to the terms herein, expressly reserves
the right to occupy and use the EASEMENT PROPERTY for all other purposes that will not interfere
with the GRANTEE'S full enjoyment of the EASEMENT and/or the exercise of GRANTEE's rights
hereunder.
GRANTOR acknowledges the EASEMENT granted herein is exclusive, SO as to exclude all
other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however,
the EASEMENT is nonexclusive as to GRANTOR'S right to use the EASEMENT PROPERTY in
accordance with the terms hereof. Upon written consent of GRANTEE, such consent to be exercised
2
at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under
separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their
respective utilities in, 011, over, under, and across the EASEMENT PROPERTY perpendicularly or as
otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require
GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion
of GRANTEE.
GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no
buildings, structures, signs, obstructions or other facilities or improvements of any kind
("UNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY, GRANTOR shall not
construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED
STRUCTURES on the EASEMENT PROPERTY, and if any UNPERMITTED STRUCTURES are
hereafter constructed or permitted by GRANTOR to exist within tile EASEMENT PROPERTY
without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same
and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal.
The EASEMENT, and all covenants and provisions hereof, shall constitute covenants running
with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and their
respective successors, and assigns. This EASEMENT is subject to the terms of that certain Easement
Purchase and Abandonment Agreement, dated 2014, by and between
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
3
GRANTOR:
Denton Independent School District,
a subdivision of the State of Texas
By:
Name �t,.d J
Titles
.�
CONSENTED TO BY:
ERI-Mills Road, L.P.
a Texas limited partnership
By: Elk Rivers Investments, Inc.
a Texas corporation, it's General Partner
John W. Pearson
Title:
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on "" -� , 2014 by Glenna G. Harris, M.D.,
in her capacity as President of the Board of Trustees; cnton Independent School District, on behalf of
the School District.
»° Notary P lie in and for the
Mate: of Texas
My Commission Expires: _—r'� 2— ~
4
WITNESS THE EXEcuTiON HERE OF as the _ day2014.
Denton Independent School District,
a subdivision of the State of Texas
0
Name;
Title:
CONSENTED TO BY:
ERI-Mills Road, L.P.
a Texas limited partnership
By: Elk Rivers Investments, Inc.
a Texas corporation, it's General Partner
By
/�Aljco in Pearson
`IM
ayst!��
COUNTY OF
This instrument was acknowledged before ine on 1 --.1------ 2013, by
of Denton Independent School District, a subdivision of
the State of Texas, on behalf of said independent school district,
Notary Public, State of Texas
My commission expires: --,—
COUNTY oFDf.,NT0N day of
-ui W,
This instrunient was acknowledged before me on the 2014 by Jol
Pearson -isle) on behalf of Ea Texas Elk River Investinni q corporation, as the
,
(jicj)cral Partner o FRI-Mills Road., aTcxas hinited parinci on behalf of said limited partnership.
CHRISTINA GWYN HO ARD
Notary Public, State of Texas
MY Commission Expires
August 27, 2016
AFTER RECORDING RE, TURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901 -A Texas Street, 2 d Floor
Denton, Texas 76209
Attn: Paul Williamson
(I fol. th State of Texas
Notary Public, in 1 0
My commission expires:_.4z..'-- - , 2-1-- IV-
-
U, XHIBrr "A"
FS C 1U PTI 0 N
BEANO A S. 193 ACRE TF(ACTOF LAND SITUATED IN,rj-EE S MrCRACxI:N S1JKVF'Y,
ASSTKACT NUMBER 817, DEN` ON COUNTY, TEXAS, AND REING A 1,011'1"JON Of"ITIAT
JBED IN DEED TO DENTON NDEPI-I'NDENT SCHOOL
CERTAIN TRACTOFLAND DESCR 97-S,
DISFRICT(DISD) RECORDED IN DOCUMEN"I'NUMBER )7 10 JF:. DEED JZI-CORDS
OF DENTON COUNTY, TEXAS, SAID 5J93 ACKE'H(AICT DEING MORE, PAI�XICULAIZLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a broken concrete jjjc)jjfltn(!nt PAIVICI III the 11109 easterly sntrtheast cur ner of said
DISD tract and being the most southwesterly Corner of traU Of land in deed to SE L
SHERMAN DRIVE, LLC as recorded in DOCk[tile,111 Number 08.00710 of said Dee(.1 Records and also
bcIj1poil 11je northerly right-of-waY lint: of St,,Itc [Jjgjjrvlly J,,Oop 288 (A Vadabte Width Right. -of -
Way);
THENCE South 85* 59' 15" West, along the northerly right-of-way line of said State Highway Loop
288, a distance of 30.79 feet to a point for corner, from which a broken concrete 111011LIMent found at
the most southerly southeast corner of said DISD tract bears South 851 59' 15,, West, a distance of
13.94 feet;
THENCE, departing the northerly right-of-way line of said State Highway Loop 288 and across said
DISD tract the following courses:
Notch 60' 23' 53" West, a distance of 125.00 feet to a point for comm
North 62' 201021, West, a distance of 205.75 feet to a point for comer;
North 650 54' 291, West, a distance of 203.36 feet to a point for comer, from which a broken
concrete monument found On the northerly right-of-way line of said Loop 288 bears
South 17' 33' 17" West, a distance of 10-05 feet;
North 750 26' 38" West, a distance of 533.86 feet to a point for comer;
North 780 3 P 05" West, a distance of 351.87 feet to a point For comer;
North 80* 04' 13" West, a distance of 354.00 feet to a point for comer;
North 79147' 27" West, a distance of 303.28 feet to a point for corner;
North 820 23' 171, West, a distance of 373.84 feet to a point for corner;
North 861 59' 37" West, a distance of367.81 feet to a point for comer;
North 890 29' 12" West, a distance of 168,67 feel 10 a Point for col-fler On the easterly thic of
a Right -of -Way Dedication as show,, on [tic NVII plat of thp Denton Farty Childhood ccilter
as recorded in Document Number 10-0000113 of said Deed Rccor(h alld 1'r011l Which I' 5/8
inch iron rod with cap found on the port het ly tight-of-w,'Y lille ()f skli(i Stjrjc I Iiglmay Loop
288 and the most southerly southeast corner of I)elltfjll I-- arly ChilLtiloo(l CE"iter bouin
South 00' 07'48" West, a distance of 10-00 feet;
THENCE North 000 07' 48" Fast, along said Right -of -Way Dedication line, passing a 5/8 inch
capped iron rod stamped "TNP" set at the intersection of the centerline of the herein described tract
and said right-of-way line, COrltillk.king in all a total distance of 75.00 feet to a point for corner;
THENCE, departing said Right -of -Way Dedication line and across said DISD tract the followiln,
courses:
South 89' 29' 12" East, a distance of 170.81 feet ton point for corner,
South 860 59' 37" Last, a distance of 372.46 feet to -a point for comet;
South 82* 23' 171, East, a distance of 378.56 feet to a point for corner;
South 790 47' 27" East, a distance of 304.80 feet to a point for corner;
South 800 04' 131, East, a distance of 354.83 feet to a point for corner;
South 78' 3 V 05" East, a distance of 354.90 feet to a point for corner;
South 75' 26' 38" East, a distance of 542,13 feet to a point for corner;
South 65' 54' 29" East, a distance oF2 11.95 feet to a pobit for corner;
South 62' 20' 02" East, a distance of 209.36 feet to a point for comer;
South 60* 23' 53" East, a distance of 117.67 feet to a point for comer of the easterly tine of
said D[SD tract and the westerly line of said Set Sherman Drive tract and from which a 1/2
inch iron rod found at an angle point in the easterly line of said DISD tract bears
North 00* 58' 04" West, a distance of 217.09 feet;
T1 IENCE South 00" 58' 04" East, along the conullou lino of said DISD and Set Sherman Drive
users, passing a 513 inch ctipped iron rod starnpcd "TNP,, sct at (" intersection of the centeribie of the
jjcreun described trace and said cornnl()Tt lute, conti,juilIg in sat 11 total distance of 67.31 feet to the
POINT OF BEGINNING and containing 5.193 acres of land more 01' less.
Adam Whitrkel(
Texas Registered Professional .and Surveyor
ADAM WHIT FIE -LID
Texas Registration No, 5786
Date: January 16, 2013
Page 2 of 6
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSOPM
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWIN
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST I
RE? AL PROPERTY BEFORE, IT IS FILED FOR RE' CORD IN THE PUBLIC RECORID'
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER' S LICENSE NUMBER. I
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALI, MEN BY THESE PRESENTS:
WHEREAS, Denton Independent School District, a subdivision of the State of Texas
("Owner"), is the owner of certain lands located in theS. McCracken Survey, Abstract No. 817,
Denton County, Texas (the "Property");
WHEREAS, the Property is encumbered by (i) an casement, dated on or about August
26, 2003, from Denton Independent School District to the City of Denton, Texas, recorded as
Document Number 158006, Real Property Records, Denton County, Texas; (the "Prior
Easement"),
WHEREAS, pqrquant to flUlt M-41ill Laselnelit 11ju-chase & Abandolunent Agreement,
ITI dated on ur about 2014, tatty of Denton Ordinance N(,).2014 the Denton City
Council authorized the City Manager, or his designee, to enter into this Abandonment and
Release for the express purpose of partially releasing the Prior Easement, said partial release
releasing the Prior Easement, INSOFAR AND ONLY INSOFAR as the Prior Easement covers
and includes those lands described on Exhibit "A", and depicted on Exhibit "B", respectively,
each attached hereto and made a part hereof (the "Abandonment Tract");
WHEREAS, the Prior Easement, INSOFAR as said Prior Easement covers, encumbers or
includes lands other than the Abandonment Tract, shall remain valid and subsisting, and in full
force and effect in accordance with the terms thereto.
NOW, THEREFORE, for and in consideration of the sum of Ten and no/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby stipulated, the City of Denton, Texas ("City") does by these presents, abandon and
release unto Owner, its successors and assigns, all of its right, to the Prior Easement, INSOFAR
AND ONLY INSOFAR as said Prior Easement cover or encumbers the Abandoru-nenL Tract.
Notwithstanding anything to the contrary contained herein, the City hereby expressly saves,
excepts, retains and reserves (i) any and all casements, rights and interests granted to, or owned
or claimed by, the City, by, through or under the Prior Easement, insofar as said Prior Easement
covers and encumbers any and all lands other than the Abandon.ment Tract; and (ii) any and all
easements, rights of way and any other rights or interests, other than the Prior Easement, whether
acquired, obtained, owned or claimed by the City or public, by through or under Conveyance,
dedication by plat or other express dedication, implied dedication, prescription, or by any other
man-rier or means, in or to lands in which the Prior Easement may cover, encumber, include,
cross or overlap.
OR
��,
Executed this --O—lda, of 2014.
1
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: 2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
Date:
2014
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Date: 2014
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was actuiowledged before me on the A.,j day of',
jt&,-2014 by
George C. Campbell, City Manager, City of F)enton,'l-exas, on behalf of said C4
Ncrt t.), Public, in and for the Sia�teV-Texas
MY LINDA HOLLEY My Commission expires
,
MY COMMISSION EXPIRES
Demtw 8, 2017 3
3��
LEGAL DESCRIPTION
41hu - I lilt;:
BEING a 1,247 acre tract of land situated in the S. McCracken Survey, Abstract Number 817, City Of DC'mon,
Denton County, Texas, and being part of that tract of land described ;fj a Deed to Denton IndeppAideilt, school
District (DISD), as recorded in Document Number97-83710 of the Real Property ReCOMS (JiDentor, CoUntY,'f'ex@s,
Public Drainage Easement. as, recorded in Document Number
and also being part of a called 19,67 acre 2003-000158006 of the Real Property Records of Denton County, 'I'exas, and being more Tartar Marty described as
follows:
COMMENCING at a P.K. Nall found for the Northeast corner of the above cited DISD tract, the Northeast corner of
the above cited Public Drainage Easement and the Northwest corner of a tract of land described in a Dead to Se
Sherman Drive, LLC, as recorded in Document Number 2008-0710 of the Real Property Records of Denton County,t
Texas;
THEE Soth 02* 10'44" West along the Easterly line of said DISD tract and Public Draine Easement, and the
WestNliCne ofusaid Sal Sherman Drive tract, for a distance of 310.35 feet to point for corneragat the POINT OF
BEGINNING for the herein described easement abandonment tract;
THENCE South 02* 10' 44" West continuing along the Easterly line of said DISD tract and Public Drainage
Easement, and the West line of said Sell
Sherman Drive tract, for a distance of 2D6.45 feet to a 1/2 inch iron rod
found for corner at an angle point;
THENCE South 00' 58' 04' Cast cOMIntflng a arid I'lublic, Drainage
k)ng the Easterly line of slit(l DISD (rasa
Easen)PA', mid tiro West line of said SP-1 Shin -man Drive tmci, for a distance of 284.40 jeo ,t to a igokeri concrete
mormularil found for corner in the Northerly line of Stat0l 1-111911wIlY Loop 208 (a variable width right -of -MY), said
I and the )rainage Gaserneill, Southwest 'uo)wo cortlerolsald
point being the Southeast corner of said DISP tract and card I Westerly dine of r.m.
S(,,l Sherman Ddvo tract, from which a bfok ell concrete monlumeril found for reference 1r) thin We
428 (Sherman Drive, a log right-of-way), bears North 72' 21' 159,,twast a distance of 22.61 facet;
THENCE South 85* 59' 151, West along the Northerly line of said State Highway Loop 288, for a distance of 44.73
feet to a broken concrete monument found for corner at the beginning of a non -tangent curve to the left;
THENCE 's[) a Northwesterly diret-fion, conjinuir)g along the Northerly line of said State Highway Loop 286, and
along sald non-jarlt 'I 1(jle of 01 1 56' 54", a radius of 5839.58 feet, a chord
gent curve to the loll having a ccnlral , n,
beating of North 61' 57' 43" We,.!, a chord dNt3T'rU0 Of 196,06 feet and an arc length of 196.86 feet to a point for
Corner , from which a broken concrete monument found for TIJ'Orence bears North 64* 30' 52" West, a chord distance
of 323.39 feet and ajortg said curve, an arc length of 323.44 feet;
THENCE North 28' 53'25" East departing the Northerly line of said State Highway Loop 288, and across said DISD
tract and Drainage Easement, for a distance of 458.29 feet to the POINT OF BEGINNING, and containing 1.247
acres of land, more or less.
fociB d B. Turner, R,P.L,S, ....... ........
March 21, 2014 1CMD U. 1URNER
.. .
Aug. 15, 2012 - Field . ..........
T,B.P.L.S. Firm No. 10011601
CL
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