HomeMy WebLinkAboutR2004-031S:\Our Documents~Resolutions~04\ROW Use Resolution-Carroll Addition.DOC
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A
RIGHT OF WAY USE AGREEMENT, TO ALLOW PUBLIC ART AND OTHER
IMPROVEMENTS TO BE LOCATED IN THE CITY RIGHT OF WAY AT THE
NORTHEAST CORNER OF CARROLL BOULEVARD AND OAK STREET AS
PART OF THE CARROLL ADDITION, LOTS 1 AND 2, BLOCK A AN ADDITION
TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE
PLAT THEREOF RECORDED IN CAB1NET V, PAGE 106 OF THE PLAT RECORDS
OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council finds that approval of the Right of Way Use
Agreement attached hereto and made a part hereof by reference (the "Agreement") is in
the public interest because it will allow improvements that will enhance the City and
contribute to pedestrian oriented development code requirements for Neighborhood
Mixed Use Center Districts; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitations contained in the preamble of this
resolution are incorporated herein by reference.
SECTION 2. The City Manager or his designee is hereby authorized to execute
the Agreement on behalf of the City and to carry out the City's rights and obligations
under the Agreement.
SECTION 3. This resolution shall become effective immediately upon
passage and approval.
L~
PASSED AND APPROVED this the /~-~-~ day of ~}~/~ , 2004.
q
EULINE BROCK, MAYOR
its
ATTEST:
JENNER WALTERS. CITY SECRETARY
APB~/ovED A-~ TO LEGAL FORM:
BY: ~ ~ ~
RIGHT-OF-WAY USE AGREEMENT
STATE OF TEXAS§
COUNTY OF DENTON§
KNOW ALL MEN BY THESE PRESENTS:
Thp City of Denton, hereinafter referred to as "CITY", does consent and agree to
permit /"--;Ji c)~cJ~n~[ .------------------~.~c~.; . hereafter referred to as "APPLICANT", the right
to the non-exclusive use of a portion of right-of-way dedicated to the City which is more
particularly described in Exhibit "AK attached hereto and made a part hereof by
reference (the URight-of-Way Area") for the purpose of constructing and maintaining a
planter, public art, and security bollards as shown on Exhibit "B" and "C" (the
Improvements") upon the following conditions:
The APPLICANT, it's successors or assigns, shall maintain and keep in good
condition all of the Right-of-Way Area and the Improvements and the CITY shall not
become responsible for such maintenance at any time in the future. The CITY must
approve the contents and design of the Improvements and any changes to such in
advance. The sole purpose of the Improvements is to meet the City's Development
Code Requirements and to provide an aesthetically pleasing enhancement to the
Carroll Addition.
The APPLICANT shall and does hereby agree to indemnify and hold harmless
CITY from any and all damages, loss or liability of any kind whatsoever by reason of
injury to preper[y or third persons occasioned by APPLICANT, it's successors, or
assigns, use of the right-of-way or act of omission, neglect or wrongdoing of
APPLICANT, it's officers, agents, employees, invitees or other persons, with regard to
the Improvements and the APPLICANT shall, at it's own cost and expense, defend and
protect the CITY against any and all' such claims and demands. The APPLICANT, with
consent of the CITY, may transfer or assign all of it's rights and obligations under this
agreement. Upon such a transfer, the APPLICANT is automatically released from all
obligations hereunder, which obligations pass to the assignee.
The APPLICANT shall, or shall cause it's successors or assigns to purchase and
maintain General Liability Insurance naming the CITY as an "additional insured" for
damages arising from the construction and maintenance of the Improvements with a
limit of not less than $250,000.00 for each person and $500,000.00 for each single
occurrence for bodily injury or death and $100,000.00 for each single occurrence for
injury to or destruction of property.
The APPLICANT, it's successors, or it's assigns shall arrange for all activities
and improvements in the Right-of-Way area to be discontinued and/or removed, at the
direction of the CITY, within thirty (30) days of notification by CITY, that the City Council
has approved a resolution directing the use of the right-of-way by the APPLICANT be
discontinued. If the activities and improvements are not discontinued and removed
within said thirty (30) day period, the CiTY may remove them. The costs associated
with the discontinuing of such activities, and the removal of such improvements shall be
borne by the APPLICANT, it's successors, or it's assigns.
The APPLICANT, it's successors, or it's assigns shall not seek compensation
form CITY for loss of the value of the improvements made hereunder when such
improvements are required to be removed by APPLICANT.
For notification purposes notices to APPLICANT shall be sent to:
Name: l~,. _~.
Address:
City/Stata/Zip: (~¥'~,,~1~-~,J_.
Fax: ~1~-
For nofificafion purposes nofices to CITY shall be sent to:
Edwin Snyder
Deputy City Attorney
City of Denton
215 East McKinney Street
DentOn, Texas 76201
Fax: 940-382-7923
With a copy to:
Paul Williamson
City of Denton
Real Estate and Capital Sup~)ort
601 East Hickory Street, Suite B
Denton, Texas 76201
Fax: 940-349-8951
This Agreement shall be binding upon and inure to the benefit of the APPLICANT
and the CITY, and their successors and assigns. The covenants contained herein are
restrictive covenants that touch and run with the land described in Exhibit "A" located in
the City of Denton, Texas (The "Property"), burden the Right-of-Way Area, benefit the
Carroll Addition, and shall be binding on all parties and all persons claiming under them,
and anY future owners of the Property for a period of fifty years from the date of this
Agreement.
IN TESTIMONY WHEREOF, APPLICANT executes this
Agreement on this I~ day ~ ~/ ,2004.
A-3:T-BS~. I
Right-of-Way Use
APPROVED AS TQ FORM:
HERB~~~_~ATTORNEY,
BY:
CITY OF DENTON, XAS
By:
City Manager
APPLICANT
By:
Printed Name:
Title:
ATTEST:
CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF DENTON §
ACKNOWLEDGEMENT
This instrument was acknowledged before me on~i~._..~,2004
by Michael A. Conduff, City Manager of the City ~f Denton, Texas, on behalf of such
municipality. ~
N~-a~'Pu~i~ in-~nd for th~ ~a~e of Texas
My Commission Expires: [~--//~/~)~-~
I I
Notary Public, State of Texss |[
My Commission Expires /[
ACKNOWLEDGEMENT
THE STATE OF T~X_G_% §
COUNTY OF .~P..r¥{O,q §
This .instrumejgt was acknowledged before me on fV~O.~J I ~' ,2004
By /~).S. (.~O1~';~.~ , representing~the property known as the
C~Orroll Addition, having full legal authority to execute legal documents as it's
Notary Public in and for the State of
My Commission Expires: I Ij;~ ~/(~,.~
Dated to be effective as of the /~ day of ~V~3. d
I
IS^^,L.. II
My Comml~on E~ortes
il ~';t ~ ;J,~' November 25, 2005
2004.
EXHIBIT "A"
PAGE 1 of 2
ill
LINE TABLE
L1 S89~06~02"E 34.90~
L2 N44e48~10"W 13.09~
L3 S00~11~50"W 10.10~
L4 N89"48~10"W 19.33~
L5 N00o11~50"E 19.33~
L6 S89e48~10"E 10.10~
L7 S44~48~10"E 13.06~
or-w^Y NEILL suRVEY
WILLIAM .~-r klO. g71
At3sTRAbI'' GIOVANNI GIOMI '
F;oi;;-oR;076950 .
IL5 ~ CARROLL ADDITION
I0~08 ACREs I%
L5 ~ ~L2
OAK STREET
10 5 0 10 20 30
SCALE IN FEET
Metr.oplex
Survey, ng, Inc,
940-387-0§06 223 W. HICKORY, DENTON, TEXAS 76201 info@metroplexsurveying.com
D~. MRKC~. BGS scA;,~, 1"=10' DATE 05/19/04 :o, No.33138
EXHIBIT "A"
PAGE 2 of 2
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE WILLIAM NEILL SURVEY, ABSTRACT NUMBER 971, CITY
OF DENTON, DENTON COUNTY, TEXAS AND BEING ALL OF A TRACT OF
LAND DESCRIBED IN THE DEED TO GIOVANNI GIOMI, RECORDED UNDER
CLERKS FILE NUMBER 95-R0076930, REAL PROPERTY RECORDS DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE SOUTHWEST CORNER OF THE
GIOMI TRACT ON THE NORTH LINE OF WEST OAK STREET AT ITS
INTERSECTION WITH THE EAST LINE OF CARROLL BOULEVARD;
THENCE SOUTH 89 DEGREES 06 MINUTES 02 SECONDS EAST WITH THE
NORTH LINE OF WEST OAK STREET A DISTANCE 34.90;
THENCE NORTH 44 DEGREES 48 MINUTES 10 SECONDS WEST, A DISTANCE
OF 13.06 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 11 MINUTES 50 SECONDS WEST, A DISTANCE
OF 10.10 FEET;
THENCE NORTH 89 DEGREES 48 MINUTES 10 SECONDS WEST, A DISTANCE
OF 19.33 FEET;
THENCE NORTH 00 DEGREES 11 MINUTES 50 SECONDS EAST, A DISTANCE
OF 19.33 FEET;
THENCE SOUTH 89 DEGREES 48 MINUTES 10 SECONDS EAST A DISTANCE
OF 10.10 FEET;
THENCE SOUTH 44 DEGREES 48 MINUTES 10 SECONDS EAST, A DISTANCE
OF 13.06 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 0.008
ACRES;
05/19/04
33138
MAY-21-2004 10:28 ENGINEERING 940 349 8951 P.02
THE STATE OF TEXAS
1659'
174776
met~. conveYanCes, deeds, mortgages, deeds of trim, and any and all other insttilments
ofevery k/nd and chantcto' a~ in bis judgme~l may be necessary, eonven/ent or de,/ramie.
to I~y all bills or accounts which may be owing and m Olin any !o~ boxes owned by
POWER OF ATTORNEY- PAGE I
Pursm~ ~o Se~ion 36A of th~ Toxas Proba~ Code, ~hi$ Power of Attorney ~
KNOW ALL ~ BY THESE PRESENTS:
COUNTY OF DENTON )
THAT I, GlO ~VANNI GIOMI, ofFlorence, Italy haw tiffs day Made, Constituted
and Appoint W. S, COLVILLE of Denton, in ~he Cou~ of~ and Slate of Texa~,
rue and lawful Attorney for mc and in my name, place and slend, ~o do nny _n_~d every act
and ex~cisc any and every powe~ ti~ I might do or could do or ~ci~c tl~ any
other p~son and ~ he ,hnll deem proper or ndvi-.~le, intending hereby m vest in him n
ful~ and univen~al power of n~tomey.
Without in anywise detrac'tin8 from or limiQng the general and ~mple~ power
and au~hoflly hesvinabove conferred, my nttorney in fs~t is specifically m~thotized to
endorse, deposit and colle~ any vouchers, drafts nad checks, incl~ling tho~e drawn on
the Trcasm'~r ofthe Uniled Sta/e~. and to with&~w any nad ~11 mo~eys nad fun&
depo~md in my bank accounts o~ savings accounts and for that pu~ose ~o draw and issue
in my nnn~ to mnn~,e, oontml, Ieee, sell, n~sign, morlEnge, encumber or other-
wise deal w~th or dispose ofa~l or any portion ofmy properties, w~ real or pen<m_.__,
i~ such man~e~...and ulmn such tern~ as m hi,, shall seem best and to execute ~11 assign-
10:2B ENGINEERING 940 349 895! P.04
THE STATE OF TEXAS )
COUNTY OF D£NTON )
BEFOR~ ME, tl~ unde~.~iip~ed autholity, on this day I~r~ol~lly apl~.anxlGIOVANNIOIOMl, known ~ me to be lhe pers<~ whose name is subs~tbed to Iheforegoinginslmment, and ~lmowledgtxl to me that he executed the same for the
purposes ami cottsideralion item expressed.
N~ ~ HAND AND SEAL OF OFFICE, Offs ~-~- ..... d~y'ofOctober, 2003.
Now Publio in and for The $'n~ ofTexas
POWER OF ATTORNEY
MAY-21-2004 18:28 ENGINEERING 940 349 8951 P.05
l~ON,' , F~× NO. :B40~6667~6 Ma,~. ~ ~u~4 ~:~'; ~
55~ [662