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Home My WebLink AboutR2002-004S:\Our Documcnts\Rcsolutions~02\Right-of-Way Use Agtecment-Goen.doe RESOLUTION NO. /~00~ ~ A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND GEORGE C. GOEN, JR.; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton and George C. Goen, Jr. desire to enter into a Right-of- Way Use Agreement a copy of which is attached hereto and made a part hereof by reference (the Right-of-Way Use Agreement") to permit George C. Goen, Jr., the right to the non-exclusive use of a portion of right-of-way dedicated to the City for the purpose of constructing and maintaining a sidewalk; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Section 1. The City Council of the City of Denton hereby authorizes the Right-of-Way Use Agreement and authorizes the City Manager or his designee to execute said agreement on behalf of the City of Denton. Section 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the .~"~( day of L~~ ,2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. ATTORNEY BY: RIGHT-OF-WAY USE AGREEMENT Tm~, STATE OF TEXAS, § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: The City of Denton, hereinafter referred to as "CITY" does consent and agree to permit George C. Goen Jr., hereafter referred 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 "A" attached hereto and made a part hereof by reference (the "Right-of-Way Area") for the purpose of constructing and maintaining a sidewalk as shown on Exhibit "B" (the "Sidewalk"), upon the following conditions: The APPLICANT, his successors or assigns shall maintain and keep in sightly condition all of the Right-of-Way Area and the Sidewalk and the CITY shall not become responsible for such maintenance at any time in the future. 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 property or third person occasioned by its use of the right-of-way or act of omission, neglect or wrongdoing of APPLICANT, his officers, agents, employees, invitees or other persons, with regard to the Sidewalk and the APPLICANT shall, at his own cost and expense, defend and protect the CITY against any and all such claims and demands. The APPLICANT shall purchase and maintain Homeowner General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the Sidewalk 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 shall arrange for all activities and improvements in the right-of-way 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 directed the use of the right-of-way by the APPLICANT be discontinued. The costs associated with the discontinuing of such activities, and the removal of such improvements, as well as property adjacent to the right-of-way necessitated by such discontinuation of the right-of-way use, shall be borne by the APPLICANT. Page I of 1 The APPLICANT, his successors or assigns shall not seek compensation from CITY for loss of the value of the improvements made hereunder when such improvements are required to be removed by APPLICANT. 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 as Lot 5, Block 1 of the Southmont Addition, an addition to the City of Denton, Texas, according to the plat thereof recorded in of Plat Records of Denton County, Texas (the "Property"), 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 this agreement. IN TESTIMONY WH.,EI~E,_ OF, APPLICANT executes this Right-of-Way Use Agreement onthis ~/.-t.~ dayof /~:-~to.~ ,2002. CITY OF DENTON, TEXAS APPLICANT By: Michael A.'Co'nd{iff,/~) City Manager By: ~' -~-~ ~/ George C. Page 2 of 2 ACKNOWLEDGEMENTS STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the ii d~of ~~02 by Michael A. Conduff, City Manager of the City of Denton, Texas/~/behalf~ds ci~ ANN FORS'fl'HE [ Notary Public, in and f~r the ~ate of Texas MY 9, 2002 [ My Commission expires: STATE OF TEXAS ) COUNTY OF DENTON This instrument was acknowledged before me o~ the,~/'~ day 0f~%t~ C/~, 2002 by George Notary Public, in and fo~ ihe State of3fexas My Commission expires: Page 3 of 3 EXHIBIT A EXHIBIT E '~- · N GOo 49' ~0' E iizn4' I:~'/.~:T F~W~ d~T. PECAN TO 33..rI S COO 36' 50" E ~IZCC' STANOAI~,D CITY -- OP DE-~TO~I COX~ 0R'~VF. APPROACH P~.NNSYLYANIA STREET O; D=~uTM C~,'-- I Policy Number 85-PC-7988-4 P · 0.. BOX DECLARATIONS PAGE E--~NEW [] RENEWAL STATE FARM LLOYDS 799100. DALLAS TX 75379-9100 A LLOYDS COMPANY IN DALLAS. TEXAS AMENDED-DATE 01/22/2002 ADDL INSURED-SECTIONS I & II 75'61-F063 K CITY OF DENTON ATTN: PAUL WILLIAMSON 601 E HICKORY ST STE B DENTON TX 76205-4304 NAMED INSURED GOEN, GEORGE C 2.900 PENNSYLVANIA DR DENTON TX 76205-8308 TEXAS HOMEOWNERS POLICY FORM B 01/96 POLICY PERIOD EFFECTIVE DATE: 09/06/2001 AT 12:01 A.M. STANDARD TIME AT THE LOCATION OF EXPIRATION DATE: 09/06/2002 THE RESIDENCE PREMISES/DWELLING ~ RESIDENCE PREMISES/DWELLING LOT BLOCK ADDITION SAME AS INSURED'S ADDRESS YOUR POLICY IS AMENDED 01/22/2002: ADDL INSURED NAME & ADDRESS ADDED SECTION II COVERAGE LIMITS CHANGED ENDORSEMENT H0-301 ADDED CONSTRUCTION: VENEER COVERAGES SECTION I PROPERTY INSIDE/OUTSIDE CITY LIMIT OF LIABILITY COVERAGE A DWELLING $ 400,000 OTHER STRUCTURES $ 40,000 COVERAGE B PERSONAL PROPERTY $ 240,000 PERSONAL PROPERTY OFF PREMISES $ 24,000 SECTION II LIABILITY COVERAGE C PERSONAL LIABILITY (EACH OCCURRENCE) $ 500.000 COVERAGE D MEDICAL PAYMENTS TO OTHERS (EACH PERSON) $ 5.000 INCREASED LIABILITY LIMITS LOSS OF USE COVERAGE $ 80,000 OTHER RESIDENTIAL PREMISES-LOCATION DEDUCTIBLES 'AMOUNT OF SECTION I ONLY) DEDUCTIBLE DEDUCTIBLE ADJUSTMENT PREMIUM DEDUCTIBLE DEDUCTIBLE DEDUCTIBLE CLAUSE 1 $ 4,000 CLAUSE 2 $ 4,000 CLAUSE 3 OTHER COVERAGES AND ENDORSEMENTS ENDORSEMENT TITLE AND NUMBER BLDG ORDINANCE OR LAW - 10~ FE-5587 REPL COST ON PERS PROPERTY H0-101 10/93 RESIDENCE GLASS COVERAGE H0-105 07/92 ADDITIONAL INSURED H0-301 10/95 BASIC PREMIUM ENDORSEMENT PREMIUM INCREASE LIMIT OF LIABILITY LIMIT: INSIDE PREMIUMS 11 PREMIUMS NEW FORM ATTAC H~)~HER COVERAGES, LIMITS AND EXCLUSIO~[~YP'~ECRYToPyRoFL~IPL~t~ICY $ PREPARED 01/23/2002 FP-7012C AGENCY AT~b/~'~ TEXAS CONTINUED ON SUPPLEMENTAL DECLARATIONS PAGE 1.258 I Policy Number 85-PC-7988-4 SUPPLEMENTAL DECLARATIONS PAGE r-~ NEW [--1RENEWAL r-~ AMENDED-DATE 011221200; STATE FARM LLOYDS ~ P.O. BOX 799100. DALLAS TX 75379'9100 A LLOYDS COMPANY ZN DALLAS. TEXAS ADDL INSURED-SECTIONS I & II 7561-F063 K CITY OF DENTON ATTN: PAUL WILLIAMSON 601 E HICKORY ST STE B DENTON TX 76205-4304 NAMED INSURED GOEN. GEORGE C 2900 PENNSYLVANIA DR DENTON TX 76205-8308 TEXAS HOMEOWNERS POLICY - FORM B CREDIT PERCENTAGE UTILITY RATING PLAN 25~ RENEWAL 15x HOME/AUTO 5~ PREPARED 01/23/2002 OTHER COVERAGES, LIMITS AND EXCLUSIONS APPLY- REFER TO YOUR POLICY JOHN MARK DAVIS 817-573-8826 AGEN1 ENDORSEMENT NO. HO-301 Effective October 1, 1995 ADDITIONAL INSURED 85,PC-7988-4 GOEN, GEORGE C 7561-F063 Name of Additional Insured(s) Address Interest Location of Premises CITY OF DENTON 601 EAST HICKORY STE B DENTON TX NON OCCUPANT SAME This policy is amended as follows (check the box that applies): SECTION I PROPERTY COVERAGE (PREMISES DESIGNATED ABOVE) The definition of insured includes the additional insured(s) named above. NON-OCCUPANT-SECTION II LIABILITY COVERAGE (PREMISES DESIGNATED ABOVE) Under Coverage C (Personal Liability) The definition of insured includes the additional insured(s) named above. This provision applies only to the ownership, maintenance or use of the premises shown above and operations relating to that premises. This coverage does not apply to bodily iniury to an employee arising out of or in the course of the employee's employment by the additional insured(s). However, the coverage does apply if the additional insured(s) is your partner in the maintenance of a farm shown above. OCCUPANT- SECTION II LIABILITY Under Section II Liability: The definition of insured includes the additional insured(s) named above. This provision applies only if the additional insured(s) is an occupant of the residence premises. Prescr bed by the State Board of Insurance Endorsement No. HO-301-Additional insured - Effective October 1, 1995 F0106C)