HomeMy WebLinkAbout2009-126ORDINANCE NO. 2009- /Z
AN ORDINANCE APPROVING AN EASEMENT ABANDONMENT AGREEMENT
BETWEEN THE CITY OF DENTON, AND HOLIGAN LAND DEVELOPMENT, LTD., A
TEXAS LIMITED PARTNERSHIP; GIVING THE CITY MANAGER THE AUTHORITY TO
EXECUTE THE EASEMENT ABANDONMENT AGREEMENT AND EFFECTUATE THE
TERMS OF THE AGREEMENT, WHICH WILL ABANDON OF A PORTION OF THE CITY
OF DENTON'S INTEREST IN THREE SANITARY SEWER LINE EASEMENTS, BEING
OBTAINED BY THE CITY FROM L.C. DUPREE, AND WIFE, STELLA M. DUPREE,
VOLUME 464, PAGE 179, THOMAS CAIN, AND WIFE, CLARA ETTA CAIN, VOLUME
464, PAGE 172, AND ANDREW CORPORATION, AN ILLINOIS CORPORATION,
VOLUME 1123, PAGE 407, ALL BEING RECORDED IN THE DENTON COUNTY REAL
PROPERTY RECORDS, DENTON, TEXAS; PROVIDED HOWEVER, THAT SAID
ABANDONMENT SHALL ONLY BE EFFECTUAL AS TO THAT CERTAIN TRACT OF
REAL PROPERTY BEING LEGALLY DESCRIBED AS LOT 3, BLOCK A, OF FLOWERS
FOOD ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY,
TEXAS, ACCORDING TO THE CONVEYANCE PLAT THEREOF RECORDED IN
CABINET W, PAGE 335 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
WHEREAS, the Utility Department has determined that a portion of these easements will
no longer be required for sanitary sewer service purposes upon completion of the State School
Sanitary Sewer Interceptor Project, Phase One and Two, said easements being located in the
Gideon Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas;
and
WHEREAS, the City Council of the City of Denton has determined that a portion of
these easements will no longer be needed for sanitary sewer purposes upon completion of the
State School Sanitary Sewer Interceptor Project, Phase One and Two; and
WHEREAS, the fair market value of the easements has been determined and received by
the granting of the new sanitary sewer easement by separate instrument in exchange for the
abandonment of a portion of these easements, as required by section 272.001 of the Local
Government Code, and Denton Texas Municipal Code Ch. 2, Art. IV (2006); NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That a portion of the sanitary sewer easements recorded in Volume 464,
Page 179, Volume 464, Page 172, and Volume 1123, Page 407, recorded in the Deed Records of
Denton County, Texas as more particularly described in the Easement Abandonment Agreement
between the City of Denton and Holigan Land Development, Ltd., as Exhibit "A", made a part
hereof by reference (The "Agreement"), will be permanently vacated and extinguished as
easements for sanitary sewer purposes only effectual specifically within the real property
boundaries of Lot 3, Block A of Flowers Food Addition, an addition to the City of Denton,
Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet W, Page
335 of the Plat Records of Denton County, Texas (the "Abandonment Areas").
SECTION 2. That the City of Denton will release any and all claims to the use of the property as
easements for sanitary sewer utility purposes as defined in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and approval.
tzd
PASSED AND APPROVED this the2, day of June 2009.
ATTEST:
JENNIFER WALLTERIS, ,CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS. CITY ATTORNEY
By: -W P� (3 �
MARK A. OUG S, MAYOR
Page 2
EASEMENT ABANDONMENT AGREEMENT
THIS EASEMENT ABANDONMENT AGREEMENT (this "Agreement") is entered
into and effective as of the date set forth below, by and between the City of Denton, Texas, a
home rule municipal corporation (the "City"), and Holigan Land Development, Ltd., a Texas
limited partnership ("Holigan").
WHEREAS, Holigan is the owner of all that certain parcel of land situated in the Gideon
Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas, and being Lot 3,
Block A of Flowers Food Addition, an addition to the City of Denton, Denton County, Texas,
according to the conveyance plat thereof recorded in Cabinet W, Page 335 of the Plat Records of
Denton County, Texas, (the "Property"); and
WHEREAS, Holigan has requested that the City abandon three sanitary sewer line
easements, insofar and only insofar as they encumber the Property (the "Holigan Easements"),
the Holigan Easements being conveyed to the City pursuant to the following instruments: 1)
dated on or about December 23, 1960, between L.C. Dupree and wife, Stella M. Dupree, and the
City of Denton, recorded in Volume 464, Page 179, Real Property Records, Denton County,
Texas; 2) dated on or about December 24, 1960, between Thomas Cain and wife, Clara Etta
Cain, and the City of Denton, recorded in Volume 464, Page 172, Real Property Records, Denton
County, Texas; and 3) dated on or about January 13, 1982, between Andrew Corporation, an
Illinois corporation, and the City of Denton, recorded in Volume 1123, Page 407, Real Property
Records, Denton County, Texas, and being more particularly described in Exhibit "A", Exhibit
"B", and Exhibit "C", attached hereto and made a part hereof for all purposes (that portion of the
Property encumbered by the Holigan Easements herein referred to as the "Abandonment
Tracts"); in exchange for a replacement Sanitary Sewer Easement granted by Holigan to the City
by separate instrument (the "Replacement Easement"), attached hereto and made a part hereof as
Exhibit "D".
WHEREAS, Holigan and the City agree that the Abandonment Tracts land area and the
Replacement Easement land area are of equal value, and, therefore, there is no consideration due
to either party for the contemplated land rights to be released by the City, or the contemplated
land rights to be granted by Holigan.
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the receipt and sufficiency of which herein stipulated, the City and Holigan hereby agree
as follows:
1. Upon (i) the execution and delivery of the Replacement Easement by Holigan to
the City; and (ii) the sanitary sewer line or lines to be constructed by the City and
to be located within the Replacement Easement becoming fully operational, as
determined by the City, the City shall abandon the Holigan Easements, insofar
and only insofar as they encumber the Abandonment Tracts. The City Manager
or his designee is authorized to execute and deliver to Holigan a Quit Claim
assigning the City's right, title and interests in the Abandonment Tracts upon the
fulfillment of the above conditions in the form attached hereto and made a part
hereof as Exhibit "E".
Page 2
2. Holigan shall grant to the City the Replacement Easement concurrently with the
execution of this Easement Abandonment Agreement, and deliver both to the City
for recording in the Denton County Real Property Records.
3. The City shall not be required to remove the existing utilities or facilities located
within the Abandonment Tracts, and the City shall be permitted to abandon all
utilities or facilities in place.
4. The City, at its sole cost and expense, shall perform, or shall cause to be
performed, the construction activities of the sanitary sewer line or lines within the
Replacement Easement (the "Work") in a good and workmanlike manner in
conformance with sound and acceptable engineering and construction activity
practices.
5. In performing the Work, or causing the Work to be performed, the City shall at all
times perform such activities in a safe manner and in full compliance with all
applicable federal, state, municipal, or other laws, statutes, codes, restrictions,
regulations, ordinances and orders. City agrees to perform the Work, or cause the
Work to be performed; in a diligent manner and restore the lands encumbered by
the Replacement Easement to as near as reasonably practicable the condition it was
prior to commencement of the Work.
Page 3
6. City represents and warrants to Holigan that the City Council of the City has duly
authorized this Agreement. Holigan represents and warrants to City that (i)
Holigan has taken any and all actions necessary to bind Holigan to all terms and
provisions of this Agreement; (ii) the party executing this Agreement on behalf of
Holigan has the authority to bind Holigan to the terms and provisions of this
Agreement; and (iii) this Agreement is enforceable against Holigan in accordance
with the terms and provisions herein.
7. THE LAWS OF THE STATE OF TEXAS SHALL APPLY TO THIS
AGREEMENT WITHOUT REGARD TO CONFLICT OF LAW RULES THAT
MAY DIRECT APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS.
VENUE FOR ANY ACTION ARISING UNDER OR RELATED TO THIS
AGREEMENT SHALL LIE EXCLUSIVELY IN COURTS OF COMPETENT
JURISDICTION IN DENTON COUNTY, TEXAS.
8. In the event Holigan shall default in the performance of any term or provision of
this Agreement, the City may, if said default shall be continuing after five (5) days
notice of the default is deemed received by Holigan, enforce any and all rights and
remedies available to it by law, contract, equity or otherwise, including without
limitation, the remedy of specific performance.
Page 4
9. Any notice required by this Agreement shall be deemed properly served if (i)
provided by telephonic facsimile; or (ii) deposited in the United States mail by
certified letter, return receipt requested, addressed to the recipient at recipient's
address shown below, subject to the right to designate a different address by notice
given in the manner just described. Notice shall be deemed received when
delivered if provided by telephonic facsimile, or if deposited in the United States
mail, three (3) days after depositing such notice in the United States mail, as
described above.
For City:
Paul Williamson, Real Estate Manager
215 E. McKinney
Denton, TX 76201
Facsimile No.
For Holigan:
Holigan Land Development, Ltd., a Texas Limited Partnership
6505 Park Blvd., Ste 306, LB 342
Plano TX 75093
Facsimile No. (214) 451-6016
10 This Agreement runs with the land. The terms and provisions hereto are binding
upon, and shall inure to the benefit of, the City and Holigan, and their successors and assigns.
Page 5
11. This Agreement represents, including the exhibits hereto, the sole agreement
between the City and Holigan with respect to the subject matters herein and supersedes any and
all prior negotiations, understandings, representations and other agreements, whether written or
oral. This Agreement may not be modified or amended except in writing and duly authorized
and executed by each party hereto.
�- ii Witness 1 ercof, this Agreement has been executed by the parties to be effective this
....-, day Of,
... , 2009.
11
CITY OF DENTON
M
BY: 'd&6RGt
C. CAMPBEL� :Ty� L
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY A° 'TONNE''
HOLIGAN LAND DEVELOPMENT, LTD.,
A TEXAS LIMITED PARTNERSHIP
BY: HL DEVELOPMENT, LLC,
A TEXAS LIMITED LIABILITY
COMPANY,
ITS GENEPARTNER
BY: AA'4z
LLACE CREEL, PRESIDENT
Page 6
DR VOL OO464 PAGE -7P
E I C>F 3 A VOL , A A PA6EP9
p•u
THE BTATR of ZMAS •s qu
axOW ALL MW sr T aMH MM93TS:
MUM OR 310 ON r
THAT 18, L. 0. Dopree, and wife, Stella X:'Dupree bf the
Count) of Denton, State of Texas;',tor and In oonsideration of
the sum of %en Dollars ($1.0.00) Cash to us la hand -paid by the
City of Denton, Texas, a munloipal oorporatlori, of the Oounty
of Denton, State of Texas, the receipt of which in hereby sok-
nowledged, end other good and valuable ooneideration including
the benefits that will accrue to cur property, do hereby GIVE,
'0RM and ]'ED to the said City of Denton, Texas, its successors
and assigas,'the right to construct, reconstruct and perpetually
maintain a sanitary newer line and eppartensnoea in, upon and
morose the following described traot of land, said tract being
a strip of land twenty-six (26) feet in width and four hundred,
eighty-eitht and three tantba (488.3) febt in length, containing
0.28 acres of land, more or lees, and being thirteen (13) feet
on either side of the center line of said strip of land which
said Center line is more partioularly described as follower
M 1H0 -at a point in tho Want proport7 line of
A tract of I" in. the Oidson Walkar 2/3 league Survr'eir,
Dantan County Taxes, doodad by itoland TMI an4,'wits,
Liftie nah, Hill, to L. 0. Duproo and wits, Stella X.
Dap'rso, as abown in Volume 341, l'a�o 70 of t'ha" Dood He -
Cords of Denton 00110 ..Z..,s..idi point boing approri-
mataly 4810 foot South of tho 'Northwest proporty oomner
of said tract;
TMGH Northeastward a distaneo.of approximately 88.3
,feat to a point In the North property line of said tract,
said poiot bolttg 63 feat, more or love East of the
Northwest property Corner of said tract.
TO HAVE AND TO HOLD, an and eingnlar, the privileges afore -
Bald to it, the said 01ty of Denton, Texas, its suooeeaors and
assigns fooraver, together with the right and privilege, at any
end all times to enter Bald premises or any part thereof, for
the purpose of constructing, reoonstruating andppe�petually
maintaining said sanitary newer line together with doecassary
appurtenanoes, and for making connections therov*h; all;upon
the condition that the City of Denton, Texas, wM.never Construct
any such aanitary newer line or appurtenances above plow depth,
,and that the 01ty of Denton, Texas, will at all times, aftgr
doing any work in cohnootion with the construction, reconstruction
or repair- of said sanitary sewer line restore Bald premises. as
nearly as posaible to the oonditioa in whim sons 'warn fcauA be-
irlfa such work was undert„ ken,, inolad'ing rapriir.e all fenoov•
that. might be disturbed or damaged is performing said work,. -and
further upon the condition that in•the use of the aforesaid
righta'srid-%dwivil-egas-herein granted; the-0117-of-•Denton,-5%xas,
6L 464 PAA80
OR VOL 00464 PAGE 150
EXHIBIT A
2 C F 3
_ will not create a-3aanoe or do any act that Will be detrimental
to said premises and that said tract will ]mot be used by said
City of Denton, Texas, for any other purpose, under this grant,
exoept•as herein provided. Provided, however; that for the
purpose of initially oonstructing the sanitary sewer line and
appurtenanoes above described, and during anoh initial oonstrao_
tion only, the Qity of Denton, Texas, and its agents, ahall have,
the right and privilege to enter upon and use for such initial
oonstraotion purposes a strip of land sixty (60) feet in width
and four handred, eighty -sight and three tentba (468.3) feet
14 length, more or less, and being thirty (30) feet on either
side of the center line of Raid strip of land, as said center
line is more particularly described above, upon the oondition
that said City. of Denton, Texas, and its agents, will restore
said premises as nearly as possible to the oondition in which
name Were found before each initial oonstruotion work wgs
undertaken, including repair of all fences that might be disturbed
or damaged 11' performing said initial 0OnRtrntti,on work.
ii1RTM OUR HAXW this '77-1 9day of December, A.D. 196,0.
X a?-A-0�
TM OTATS OF THM e
COQMYI OF DUTON s ;
IRMHE XM the underai6;n04 authority a lotar7 fib, 10
In and for Den;oil COUnby Texan, on thin Aar torso
gnmarad L. 0. Dupree auk Stalls' id. Dupree, h a wife b(w h
known to use to be the persons wbose name arm suboorjbod
ter the foragoigg inst and aol�nowledgo to a that
t ey oath executed the asses for Us purptsea and conaidora-
tioua thtrain aoprassad„"and the said Stella M. Dupree,wife
of the said F,s 0. 1h*r6o, leavingg been axazined bar ass privily
and apart from her husband and having the Sam fully ox-
plained to her she the oa Stella M. Daxproe atkwWledgad
Guth 1nstrnamn4 to a bar act and doed, and she doolared
that she Nadiwaillingly algned the a for the sea and
consideration t)xore n expressed end tbab, She di not 'waioh
to retract It-.
0IM Ma= NZ HUD AM 6BAT, OP OMMa3 this -2y?Aday
0 •December,' A.D. 1960.
Notary Public in and for
y Denton County, Texas
s
DR VOL DD464 PAGE 181
3HOF 3A
DEN-rON, TEXAS
SEYVER EASEMENT
I
R. N. TtJCLv4uc1.
Y
x
Thomms Colm L. C. Dupre e
CD �
N
9co%: I � I00
OR VOL O0464 PAGE 172
E 7H0� 4B
THE STATE OF T3014 7 912
KNOW ALL EM BY TSSSS PRBSMS s
GD1 NXY OF DM01
THAT M8, Thomas 0aia, and wife, Olara Etta (fain of the
County of Denton, State of Texas, for. and in consideration of
the sum of Ten Dollars ($10.00) oaeh to us in hand paid by the
dity bf Denthn, Texan, a municipal oorporation, of the County
of Denton, State of Texas, the receipt of which.is hereby aok-
aowledged, and other good and valuable consideration. including
the benefits that will accrue to our property, do hereby ME,
0RM and SATMM to the sa18 01ty of Denton, Texas, its successors
and assigns, the right to 6onstruot, reconstruct and perpetually
maintain a sanitary sewer line and appurtenances in, upon and
across the following described tract of land, said tract being
a strip of•land twenty-six (26) feet in width and two thousand,
one hundred, fifty -tour (2,154) feet in length, containing 1.24
aores of land, more or lose, and being thirteea'(13) feet on
either side of the center line of said strip of land which said
center line is wore particularly desoribed as follows=
DR VOL 00484 PAGE 173
2~O F 4 B YDL 464 =17J
f
t
Mnvis0 at a point i:n the Hooth pro arty line of
a tract of land in the Chi -loon Walker leagno
aurvs�y Dsnton'Oannty, Taxa'a, deeded to Tuomaa Oain
and wif?a, Clara 'Btta Cain from, James 1aTallsoo Hoary
and. wife, pauiino Henry, as abo-an in Vol 430,
1, 4 of the Deed ;k000rda of Denton Coonty, Ta aa,
am point being 25 feet, more or less Fast of the
Ho hoaa't proporty eorner of said traot,
Mucz North a distance of approximately 1,,971;.7 test
parallel to and 25 feet West of the Bast property
line of said tract to a point for a corner;
THUCg Northeastward a distance of approximately
179,3 fast to a point in the Best�proporty ,line
of said tract said point -being 1i8K. fee ,soars
or leas, sou; of the Northeast property corner of
&aid tract.
TO HIVE di® TO HOLD, all and elngnlar, the privileges afore-
said to it, the said Oity of Denton, Texas, its successors and
assigns forever, together with the right and privilege, at any
and all time to enter said premises or any part thereof, for
the purpose of constructing, reoonstraoting and perpetually
maintaining said sanitgsy newer line togetbbV with necessary
appurtenances, and for making connections therewith; all upon
the Condition that the City of Denton, Taxes, will never oonetruot
any such sanitary sewer line or appurtenances above plow depth,
and that Bush sanitary sewer line shall be 000straoted Fast of,
and not olnaer than five (5) feet to, the center Use above
described, and that the City of Denton, Texas, will at all times,
after.doing any work in connection with the construction, recon-
straotion or repair of said sanitary sewer line restore said
promisee an nearly as possible to tt;e condition in which same
were found before such work was undertaken, inoluding repair of
all fenoea that might be disturbed or damaged in performing said
work, and further upon the conditiod.that in the use of the'pfore-
said righte'and privileges herein granted, the City of Denton,
Texas, will not create a nuisance or do e[q act that will.be
detrimental to maid premises and that said tract will not be used
by said City of Denton, Texas, for any other pnbpose, under this
grant, except as herein provided. Provided., however, that for
the purpose of initially oonstructing the aanitary sewer line
and appurtenances above described, and during Suoh initial son-
struotion only, the City of Deafen, Texas, and.ita agents, shall
have -the right and privilege to enter upon and use for such
OR VOL OD484 PAGE 174
YOL� Pt�E 1 OOrr-
initial construction purposes a strip oflamasixty (60) feet
In width and two thousand, one lmndred, fifty-four (2,15%) feet
In length, more or less, and being thirty (30) feet on either
side of the center line of said strip of land, as said center line,
is more partieularly described above,:upon the condition that said
City of Denton, Texas, and its agents, will restore( said promisee
gs nearly as possible to the condition in which same were found
before each initial constructiop work was undertaken, including
repair of all fenoes that might be disturbed or damaged in per-
forming said initial oonstraction_work.
WZnMSS 00 HA1Db9 this -`day of December, Q.D. 1960.
w�leaal n n
THE MATS OF T31A,4 s`
COUNTY OF DENTOH
BMM MR the undersigned authority, a Notary Public
In and for Dala on Gountpp, 'Tones on this d porsonall5
appeared Thomas Cain and Glare, tta Cain, �s wife, both
'mown to ads to be tho pardons whose namos are ewbsoribed
to the foragoing instrument and ao]taaowledged to me that
they oaoh oxsnuted the ooze for the purposes and oonsidera-
tion. thorein ooaprossed,, and the said Mara P,'tts Olin, wifo
of the said Thomas Cain, ha,eingg bean dXamined'by me privily
and apart (room her 4aannb ,and havira the s folly o-
plained to her she ilho said Clara b to Cain a6knowladgod
such inst n' to to .her not and dead, and oho dealored
that she had will.in 7 signed the lama for the osoa
and connideration t rein«axpraeaed and that aho d d note
wish to retract it.
G1ly= IIF M 20 RM AND MM OF OFFICB this ��-daay
+or nebomber, A.D. 1960.
Notary Public in and for
Denton County, Texas
F-.-
.400
OR VOL OD464 PACE 176
S
7
1
E7�H�gC
PalSEJO:l:T
DtED RECORDS 19A9
ANDRM1 CORPORATION, an Illinois corporation, duly authorized
to conduct business within the state of Texas, with offices at
2701 Nayhill Road, Denton. Texas. (hereinafter referred to as
`Grantor`) in consideration of the sum of ten dollars and other
good and valuable consideration, in hand paid by the CITY OP
D£}7M. T=Mga A XMICIPAL CORPORATION, of the county of Denton,
State of Texas, (hereinafter referred to as 'Grantee') the suf-
ficiency thereof and receipt of Which is hereby acknowledged,
does hereby give and grant unto said cur or DES"M, TEXAS, an
easement and right-of-way for the purposes of constructina, in-
stalling, reconstructing, operating, maintaining, and removing
sanitary seiner lines, manholes, equipment and other fixtures
necessarily appurtenant thereto as the CITY of DENTON. TEXAS
mqy from time to time require for the operation of a sanitary
sewer line or lines underground, together with the right of ac-
cess thereto for said purposes, in, upon, under, along and &cross
the property which ANDREW CORPORATION owns, or has an interest in.
specifically described so and limited to the following described
property, to Witt
that certain Tract being in the GIOEON VALXER Survey,
Abstract 1330, Denton County, Texas, and Recorded in
Volume 912, Page 790, in the Deed Records of Denton
County, Texas; the easement being granted shall cross
this property, compriaing two parts, as herein desig-
nated and described, including (2) a permanent ease-
ment twenty feet in width, for construction, or re-
construction of the said sewer line or lines, and
other equipment and fixtures necessarily incident
thereto, and for perpetually maintaining said sewer
line or lines, and (2) an additional area adjacent
to the permanent easement, forty feet in width, to
be mad for initial construction, only.
PART 1. PEWDMENT SASPHEIIT WITH CENTERLINE DESCRIBED
AS LOLL MSs
NG at a point in the vast line of the
alforsolantionod tract Of land, acid point be-
ing South Ot degrees 341 minutos 57 seconds �
Rest a distance of 530.66 frost from the
Northwest corner of said tracts
THE= Worth 12 dogreas 00 minutes 27 seconds
East a distance of 536.8a feat to at point in
the North line of said tract, said point be-
ing South 06 dogpees 40 minutes 40 ascends
East a distance of 70.63 feet from the
Northwest corner of said tract of land.
Saud easement is depicted in the Gideon Walker
Snrvoy troy 'ddwin A. Apol dated August 1901, at-
taohsd heroto, marked Exhibit A and wade fully
i i°
rt of tau seas alt by
in addition to the ,ig foot Pormaent easement as doccrihed
above, an initial construction easetent 40 fast in width is
to he furnished. This eaaenent shall he adjaeont and par-
allel to the poreanort easement and shall be iC ,foot in
width on each side of Said perarancut a,ssemMt. The Con-
structien cars nt *ball be used for initial construction,
only.
The easement and right-of-way created by this grant shall con-
tinue sod be perpetual so long as the particular purpose for which
the said easement or right-of-way has been created shall not have
ceased, unless sooner recessed or abandoned.
The Grantor reserves the right to continue to make use of the
real estate covered by this grant, provided such use is not incon-
sistent or detrimental to the easement and right-of-way herein
created. the use envisioned by the Grantor, by way of example, and
not by way of limitation shall be any and all use over said ease -
went, including paving over said easement, whether by way of lime
stabilizing and compacted stone, or other methods of paving, in-
cluding asphalt topping. Concrete, or any other methods Grantor may
use in its sole discretionf storage of goods and materials, vehi-
cles, or other items along► beside, and directly over said essementh
the passage of fencing and other secarity measures over said ease-
ment as Grantor may use in its sole discretion: and the raising of
the grade over said easement, should the Grantor doom such increase
in grade of the land included within the boundaries of said ease -
sent to be necessary, and In that event, the Grantee shall be re-
sponsible for any costs in raising or lowering said sewer lines,
manholes, and other equipment and fixtures necessarily incident
thereto, whether on a ta> xlxy or permanent basis.
The aforesaid Grantee in constructing, reconstructing, oper-
ating, maintaining and removing said sewer lines, equipment, man-
holes, and other fixtures necessarily incident thereto for the
operation of said sewer lines underground shall do as Little as
possible to the. property of Grantor and will make good all damage,
and shall, in any event, restore the said property so far as pos-
sible to its present condition, or to the condition in which the
Grantee finds the property imaediately prior to any future opera-
tion, reconstruction, excavation relating to said sewer lines, or
other activity Of whatsoever type involved in the construction,
reconstruction, operation and maintenance of said sower line or
lines.
Nothing herein contained shall be construed to prevent the
Grantor from making excavations or doing other acts for the pur-
pose of laying road beds, parking lots, storage pads, or any other
item which the Grantor may hereafter construct thereon and which
-� � EXHIBIT C
30FG
i
excavations or other acts sight, but for this paragraph, be in der-
ogation of the grant hereby model and the Grantee shall at its own
expense, within thirty (30) days alter being required so to do un-
der notice in writing given by the Grantor, relocate, at its cost,
the depth of said equipment to the extent required, on a temporary
or permanent basis, so that the said equipment will not be iater-
fered with by any such excavation.
t The aforesaid Grantee hereby covenants and agrees to release
t the easement and right-of-way herein granted by proper instrument
I upon termination of the easement and right-of-way when the afore-
mentioned purposes therefore cease. or by abandonment, or otherwise.
The aforesaid Grantee shall have satisfied the requirements of this
covenant when it has property filed an instrument of release in the
Office of the Recorder of Deeds for Denton County, Texas:
The grants, reservations, covenants and stipulations herein
contained shall extend to and be binding upon the respective suc-
cessors and assigns of the parties hereto.
IN KTMSS iif ZMW, the said Grantor has caused this instru-
ment to be signed in its name and behalf and its corporate seal to
be affixed hereto, and attested,.
by its officers thereunto duly
authorised, this day of A. D., 1982.
2"COROPORUTION, Grantor
y
President.
secretary
STATS OF I6LMIS
88
Comm or C 0 0 S
sworn to and subscribed before me this day o!�`Kt' tw°,
) D.r 1912,
J
otar�y u
�my commission expires _ L).d -..
.IikM'j Mi rs j
SEEK
M04�
The grants cmtained in the foregoing instrwent are hereby
accepted this Aay of A. D., 2902, sub-
jest to the reservations, covenants and stipulations contained
therein.
THE CITY OF DEMR, TEXAS, A
A 0 TX G e&
vitx
[CORPORATE
a) *lla
XTTWS llys
Tftlet
87A= OF TEXAS 3
) SS
Comm or DrAm
Sworn to and subscribed before me thle day of
day
IV commission expires Ab R Ot
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AD 1991,
M Am jo fill L. (XAN (Y CLI RK. PINION COUNT). II NAS
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY RENDVE OR STRnM ANY OR ALL OF THE FOLLMING INPOMMMON FROM ANY
INSTRUMM THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NMMZR.
SANITARY SEWER EASMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON $
THAT Holigan Land Development, Ltd., a Texas limited partnership,
(Grantor), in consideration of the payment of the sum of One Dollar
and No Cents ($1.00) in hand paid by the City of Denton, Texas
(City), receipt of which is hereby acknowledged, grants, and conveys
to, the City a permanent sanitary sewer easement across the real
property owned by Grantor, as described in EXHIBIT "A" and
illustrated in EXHIBIT "B", attached to and incorporated into this
document by reference.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City the right to
construct, install, reconstruct, repair, relocate, operate, and
maintain sanitary sewer lines, facilities and appurtenances, in, on,
over, under and across the permanent easement.
2. Building and Structures. Grantor shall not construct,
erect or place any buildings, signs, or other permanent structures,
or portions thereof, in, on, or over the permanent easement. The
City will replace or repair any sidewalk, parking lot, or driveway
that exists on the easement on the date of execution of this
instrument if removed or damaged, by the City during the initial
construction of the sanitary sewer line. If the Grantor constructs
or places buildings, signs, parking lots, driveways, private
walkways, or other structures or improvements over the permanent
easement after execution of this easement document, the City may
remove all or .part of the structures and improvements as necessary to
construct, reconstruct, replace, repair, alter, relocate, operate or
otherwise exercise its rights herein without any obligation to
replace or repair the structures or improvements and without any
liability to Grantor including the obligation to make further payment
to Grantor.
3. Fences and Gates. If necessary to remove or relocate any
fence or gate during the initial construction of the sanitary sewer
line, the City will remove or relocate the fence or gate at City of
Denton expense. After completion of the initial construction, the
VEXH
CW 5�
City shall reinstall any fence or gates initially removed or
relocated to their original locations. The Grantor, but not the
City, may construct new fences and gates on the permanent easement
after the date of this instrument but the fences and gates shall be
placed substantially perpendicular to the easement. Any fences
placed across the easement shall contain gates or removable panels so
that the easement is readily accessible by the City's employees and
agents at all times. If the gates are to be kept locked by Grantor,
the City shall be provided the keys or other means, as applicable, so
that the City may open all locks for access without prior notice to
Grantor.
4. Access. For the purposes of exercising its rights, the
City shall have access to the easement by way of existing public
property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
5. Trees and Landscaping. Grantor shall not plant any tree
upon the permanent easement property. City may cut, trim, or
completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including
the obligation to make further payment to Grantor.. Grantor may plant
shrubs, vines, grass, or install irrigation systems and other system
landscape features within the permanent easement, but the City may
remove all or part of any shrubs, vines, grass, or other landscape
features as is necessary construct, reconstruct, replace, repair,
alter, relocate, operate its sanitary sewer facilities or otherwise
euarcise'its rights herein without any liability to Grantor including
the obligation to make further payment to Grantor. Any area
disturbed during construction shall be seeded by the City as per City
of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely
manner.
6. Crops. The payment herein made includes any damage or loss
to crops sustained in the future by Grantor resulting from the City's
construction, reconstruction, repair, replacement, or other use of
the easement for the purposes granted.
7. Grantor's Rights. Grantor shall have the right to make use
of the. easement for any purpose that does not interfere with the
City's rights in the easement for the purposes granted, subject to
the restrictions contained herein.
S. Neither party has made any representations or promises
outside the written provisions of this easement document relating to
the subject matter of this easement document.
9. Successors and Assigns. This grant shall run with the
E 3"0 F S
land and shall be binding upon the parties and their heirs,
successors and assigns.
Witness my hand, this the 13pt, day of , 2009.
HOLIGAN LAND DEVELOPMENT, LTD.;
a Texas limited partnership
By: HL Development, LLC, a Texas limited
lilabili o any, its general partner
'Wallace eel, President
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on,2009
by Wallace Creel, President, HL Development, LLC, a Texas limited
liability company, as general partner of HOLIGAN LAND DEVELOPMENT
LTD., a Texas limited partnership.
WNCUME
MYCOMMISSIONaPIRES Notaxy Public, in and for the State of
�3i c�issirom. w w- ,.
Accepted this �- day of MA-Y 2009 for
the city of Denton, Texas (Resolution No. 91-073).
BY:
Paul Williamson
Real Estate & Capital Support Manager
A1TER
RECORDING
RETURN TO: City of Denton
901-A Texas Street
Denton, Texas 76209
ATTN: Paul Williamson
_,....IF_=44OF S� rthur Surveying Co., Inc.
zonal z,aaa Surveyors
P.O. Box 54 -- Lewisville, Texas 75067
Otiice: (972) 221-9439 — Fax: (972) 2214675
SANITARY SEWER EASEMENT
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Gideon Waller Survey, Abstract
Number 1330, City of Denton, Denton County, Texas, and being a part of Lot 3, Block A of
Flowers Food Addition, an addition to the City of Denton, Denton County, Texas, according to
the conveyance plat thereof recorded in Cabinet W, Pap 335 of the Plat Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING at a % inch iron rod found with cap stumped "METROPLyX, at the northwest
comer of said Lot 3 and the northeast corner of Lot 1, Block A of Flowers Food Addition, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in
Cabinet W, Page 333 of the Plat Records of Denton County, Texas and being in the south line of
Edwards Road;
THENCE South 87 degrees 13 minutes 04 seconds East, with the south line of said Edwards
Road, a distance of 25.00 feet to a point for comer,
THENCE South 02 degrees 39 minutes 54 seconds West, over, across and through said Lot 3, a
distance of 17036 feet to a point for coma in the westerly line of a 26 foot wide Sanitary Sewer
Easement, recorded in Volume 464, Page 172 of the Deed Records of Denton County, Texas;
THENCE South 09 degrees 05 minutes 20 seconds West, continuing over, across and through
said Lot 3 and with the westerly line of said Sanitary Sewer Easement; a distance of 223.45 feat
to a point for corner in the east lime of said Lot 1;
THENCE North 02 degrees 39 minutes 54 seconds East; continuing with the east line of said Lot
1, a distance of 392.45 feet to the POINT OF BEGINNING, and containing 0.162 acres of land,
more or less.
OF
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SANITARY SEWER ESMT.
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100 0 100 Feet
�LITA lR%PMr
Sanitary Sewer Easement
0.162 Acres in the
Gideon Walker Sur7ey/ Abst. No. 1330
City of Denton
Denton County. Texas
_2m_
rthur Surveying Co., Inc.
Professianal Land Surveyors
972-221-9439 - Pax972221-4675
220MM S&va4 She 200 -- P.OL Box 54
LeWbVMd6 TeXM 75067
U%&=/WIY'1ZlA1L S1T{ii. $DW➢ "k.➢'➢➢&C"'f^kf➢d4°.k^.�3F'4Elre'[u"A^$F/4G�RF$'. 4/95/90M 31WQ6 PM CUT
Exhibit E
QUIT CLAIM
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State
of Texas (the "Assignor"), in consideration of the sum of One Dollar and No Cents ($1.00) and
other good and valuable consideration in hand paid by Holigan Land Development, Ltd., a Texas
limited partnership (the "Assignee"), the receipt of which is hereby acknowledged, does by these
presents, QUIT CLAIM unto Assignee, its successors and assigns, all its right, title and interest
in and to those certain tracts or parcels of land being described in Exhibit "A", Exhibit `B", and
Exhibit "C" attached hereto and made a part hereof for all purposes,. INSOFAR AND ONLY
INSOFAR as said tracts or parcels are located and included in Lot 3, Block A of Flowers Food
Addition, an addition to the City of Denton, Denton County, Texas, according to the conveyance
plat thereof recorded in Cabinet W, Page 335 of the Plat Records of Denton County, Texas
County of Denton and State of Texas.
TO HAVE AND TO HOLD all of Assignor's right,,title and interest in and to the
Property unto the Assignee, its successors and assigns forever, so that neither Assignor nor its
successors or assigns shall have, claim or demand any right or title to the Property or
appurtenances or any part thereof.
Witness my hand, this the day of , 2009.
CITY OF DENTON, TEXAS
By:
George C. Campbell
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on 2009 by
George C. Campbell, City Manager, City of Denton.
Notary Public, in and for the State of Texas.
My Commission Expires:
Page 2
DR VOL 00464 PAGE 179 6XfH0 F 3 A VOL 464 FA:4 !19
h
THE STAIR OF TEXAS �! 9M
COIINTY OR DLNTOR SNOW ALL MEN BY THESE PRESENTS:
THAT ME, L. 0. Dupree, and wife, Stella M.-Dupree of the
County of Denton, State of Texas, ±or and in consideration of
the sum of Ion Dollars ($10.00) cash to us in hand paid by the
City of Denton, Texas, a municipal corporation, of the County
of Denton, State of Texas, the receipt of which is hereby ack-
nowledged, and other good and valuable consideration including
the benefits that will accrue to oar property, do hereby GIVE,
GRANT and E,2TM to the said City of Denton, Texas, its successors
and assigns,'the right to construct, reconstruct and perpetually
maintain a sanitary sewer line and appurtenances in, upon and
across the following described tract of land, said tract being
a strip of land twenty-six (26) feet in width and four hundred,
eighty-eight and three tenths (488.3) febt in length, containing
0.28 acres of land, more or less, and being thirteen (13) feet
on either side of the center line of said strip of land which
said center line is more particularly described as follows:
BEGINNING -at a point in the West property line of
a tract of land in the Gideon Walker 2/3 league survey,
Denton County, Texas, deeded by Roland Hill and.wife,
Liffis Ilah Hill, to L. 0. Dupree and wife, Stella M.
Dupree, as shown in Volume 341, Page 70 of the Deed Re-
cords of Denton County, Texas, said point being approxi-
mately 484.1 feet South of the Northwest property corner
of said tract;
THENCE Northeastward a distance.of approximately 488.3
feet to a point in the North property line of said tract,
said point being 63 feet, more or less, Rast of the
Northwest property corner of said tract.
TO HAVE AND TO HOLD, all and singular, the privileges afore-
said to it, the said City of Denton, Texas, its successors and
assigns forever, together With the right and privilege, at any
and all times to enter said premises or any part thereof, for
the purpose of constructing, reoonstrnoting and,pe`rpetually
maintaining said sanitary sewer line together withinecessary
appurtenances, and for making connections therewyh; all;upon
the condition that the City of Denton, Texas, will never construct
any such sanitary sewer line or appurtenances above plow depth,
and that the City of Denton, Texas, will at all times, aft@r
Ming any work in connection with the construction, reconstruction
or repair of said sanitary sewer line restore said premises. as
nearly as possible to the condition in which same were found be-
fgre such work was undertaken, including repair.of all fences_
that might be 'disturbed or damaged ilY performing said work,'and
further upon the condition that in'the use of the aforesaid
rights and privileges herein granted; the City of Denton, ''texas,
OR VOL 00,WA PAGE 180
VOL 4 PRo"E10U E 2H4C> F= 3 A
will not create a nuisance or do any act that will be detrimental
to said premises and that said tract will not be used by said
City of Denton, Texas, for any other purpose, under this grant,
except as herein provided. Provided, however, that for the
purpose of initially constructing the sanitary sewer line and
appurtenances above described, and during such initial construc-
tion only, the City of Denton, Texas, and its agents, shall have,
the right and privilege to enter upon and use for such initial
construction Purposes a strip of land sixty (60) feet in width
and four hundred, eighty-eight and three tenths (488.3) feet
in length, more or leas, and being thirty (30) feet on either
Bids of the center line of said strip of land, as said center
line is more particularly described above, upon the condition
that said City of Denton, Texas, and its agents, will restore
said premises as nearly as possible to the condition in which
same were found before such initial construction work was
undertaken, including repair of all fences that might be disturbed
or damaged in performing said initial construction work.
WIMUM OUR HANDS this • 'sue olday of December, A.D. 196A,
L.0. Dupree
THE STATE OF TEXAS
COUNff OF DENTON
BEFORE BE, the undersigned authority, a Notary Public
in and for Denton County, Texas, on this day personally;,
appeared L. C. Dupree and Stella M. Dupree, his wife, bath
known to me to be the persons whose names are subscribed
t' the foregoigg instrument and acknowledged to me that
they each executed the same for the purposes and considera-
tion therein-expressed,'and the said Stella M. Dupree, wife
of the said La C. Dupree, having been examined by me privily
and apart from her hu$band and having the same fully ex-
plained to her, she, the said. Stella M. Dupree acknowledged
such instrument to be her act and deed, and she declared
that she had willins]y signed the same for the purposes and
consideration thereiin expressed and that.she did not wish
to retract it:
GIYM UNDER MY HAND AND SEAL OF OFFICE this .2 Xekday
of -December,' A.D. 1960.
`,`���F � J''��•`v' • Gay_ ,,. r..a• e /.r �� �' rr��
Notary Public in and Por
-•i _ Denton County, Texas
DR VOL 00464 PAGE
E 3HQF 3A VOL 04 PRSE!81
DEN7-ON, TEXAS
S�wsu EAsame lr
IR. N. Tuaivsuc.L
I
CO INTYROAD
" Gal
ThorraB Ccs!» L. C. OLIpre tis
41 O
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itEC�ED$D: ,j oy at ——A.D.1961 at' + So
By: Deputy �6;Ut$ Ito$ Geounty
DR VOL OD464 PAGE 172
61HQF 4�
THE STATE OR TEXAS 2 912
KNOW ALL MM BY THESE PRESENTS:
COUNTY OF DENTON
THAT WE, Thomas Cain, and wife, Clara Etta Gain of the
County of Denton, State of Texas, for. and in consideration of
the sum of Ten Dollars ($10.00) cash to us in hand paid by the
dity bf Denton, Texas, a municipal corporation, of the County
of Denton, State of Texas, the receipt of which is hereby ack-
nowledged, and other good and valuable consideration. including
the benefits that will accrue to our property, do hereby GIVE,
GRANT and MUEND to the said City of Denton, Texas, its successors
and assigns, the right to d7onstruot, reconstruct and perpetually
maintain a sanitary sewer line and appurtenances in, upon and
across the following described tract of land, said tract being
a strip of -land twenty-six (26) feet in width and two thousand,
one hundred, fifty-four (2,154) feet in length, containing 1.24
acres of land, more or less, and being thirteen (13) feet on
either side of the center line of said strip of land which said
center line is more particularly described as followsl
OR VOL 00464 PAGE 173
E 2HOF 4E3
VOL 464 Pnd'73
BEGINNING at a point in the South property line of
a tract of land in the Gideon Walker 2/3 league
survey Denton -County, Texas, deeded to Thomas Cain
and wife, Clara Etta Cain from James Wallace Henry
and wife, Pauline Henry, as shown in volume 430,
Page 39 of the Deed Records of Denton County, Texas,
said point being 25 feet, more or less West of the
Southeast property corner of said tract;
THENCE North a distance of approximately 1,974.7 feet
parallel'to and 25 feet West of the East property
line of said tract to a point for a corner;
THENCE Northeastward a distance of approximately
179.3 feet to a point in the East property line
of said tract, said point -being 484-1 feet, more
or less, South of the Northeast property corner of
said tract.
TO HUE AND TO HOLD, all and singular, the privileges afore-
said to it, the said City of Denton, Texas, its successors and
assigns forever, together with the right and privilege, at any
and all times to enter said premises or any part thereof, for
the purpose of constructing, reconstructing and perpetually
maintaining said sanitary sewer line together with necessary
appurtenances, and for making connections therewith; all upon
the condition that the City of Denton, Texas, will never construct
any such sanitary sewer line or, appurtenances above plow depth,
and that such sanitary sewer line shall be constructed East of,
and not closer than five (5) feet to, the center line above
described, and that the City of Denton, Texas, will at all times,
after.doing any work in connection with the construction, recon-
struotion or repair of said sanitary sewer line restore said
premises as nearly as possible to the condition in which same
were Pound before such work was undertaken, including repair of
all fences -that might be disturbed or damaged in performing said
work, and further upon the condition -that in the use of the'afore-
said right's'and privileges herein granted, the City of Denton,
Texas, will not create a nuisance or do any act that will.be
detrimental to said premises and that said tract will not be used
by said City of Denton, Tbxas, for any other purpose, under this
grant, except as herein provided. Provided, however, that for
the purpose of initially constructing the sanitary sewer line
and appurtenances above described, and during such initial con-
struction only, the City of Denton, Texas, and.its agents, shall
have -the right and privilege to enter upon and use for such
DR VOL 00464 PAGE 174
voL 464 nu 1't E 3H0F1 4
Initial construction purposes a strip of land sixty (60) feet
in width and two thousand, one hundred, fifty-four (2,154) feet
in length, more or less, and being thirty (30) feet on either
side of the center line of said strip of land, as said center line
is more partieularly described above, upon the condition that said
City of Denton, Texas, and its agents, will restord said premises
as nearly as possible to the condition in which same were found
before such initial construction work was undertaken, including
repair of all fences that might be disturbed or damaged in per-
forming said initial construction. -work.
WITNESS OUR HANDS this 2 arltay of December, A.D. 1960.
91
THE STATE OF TE= .
COUNTY OF DENTON
BEFORE ME, the undersigned authority, a Notary Public
in and for Denton County, Texas, on this day personally
appeared Thomas Cain and Clara Etta Cain, his wife, both
known to me to be the persons whose names are subscribed
to the foregoing instrument and acknowledged to me that
they each executed the same for the purposes and considera-
tion therein expressed, and the said Clara Etta Cain, wife
of the said Thomas Cain, having been examined by me privily
and apart from her husband, and having the same fully ex-
plained to her, she, the said Clara Etta Cain acknowledged
such instrument to be her act and deed, and she declared
that she had willingly signed the same for the purposes
and consideration therein expressed and that she did not - _
wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2fg�-day
+of December, A.D. 1960.
rF_= Notary Public in and for
cl? Denton County, Texas
DR VOL 00464 PAGE 175
EX4OF.4
VOL f 464 Pk.Ei75
DEN,TON, TEXA 5
SEYVER EASEMENT
P.H. Turnbull
COUNTY ROAD
cD ,
.D j
9dOle: /'-4001 O
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O
COUNTY ROAO
l
- - 1
EXHIBIT C -
9 OF 6
ZASEWT
MIED RECORDS
ANDREW CORPORATION, an Illinois corporation, duly authorized
to conduct business within the state of Texas, with offices at
2701 Iiayhill Road, Denton, Texas, (hereinafter referred to as
'Grantor') in consideration of the sun of ten dollars and other
good and valuable consideration, in hand paid by the CITY OP
i
DENTON, TEXAS, A MUNICIPAL CORPORATION, of the County of Denton,
` State of Texas, (hereinafter referred to as "Grantee') the suf-
ficiency thereof and receipt of which is hereby acknowledged,
does hereby give and grant unto said CITY OF DENTON, TEXAS, an
easement and right-of-way for the purposes of constructioa, in-
stalling, reconstructing, operating, maintaining, and removing
sanitary sewer lines, manholes, equipment and other fixtures
j necessarily appurtenant thereto as the CITY OF DENTON, TEXAS
9 may from time to time require for the operation of a sanitary
sewer line or lines underground, together with the right of ac-
cess thereto for said purposes, in, upon, under, along and across
' the property which ANDREW CORPORATION owns, or has an interest in,
specifically described as and limited to the following described
property, to wit:
That certain Tract being in the GIDEON HACKER Survey,
Abstract 1330, Denton County, Texas, and Recorded in
Volume 9120Page 790, in the Deed Records of Denton
' County, Texas; the easement being granted shall cross
this property, comprising two parts, as herein desig-
nated and described, including (1) a permanent ease-
ment twenty feet in width, for construction, or re-
construction of the said sewer line or lines, and
other equipment and fixtures necessarily incident
t thereto, and for perpetually maintaining said sewer
i
line or lines, and (2) an additional area adjacent
to the permanent easement, forty feet in width, to
i be used for initial construction, only.
PART I. PERMANENT EASMUXT WITH CENTERLINE DESCRIBED
AS FOLLOWSs
BEGINNING at a point in the Nest line of the
aforementioned tract of land, said point be-
ing South 04 degrees 34 minutes 57 seconds
west a distance of 530.66 feet from the
Northwest corner of said tracts
THENCE North 12 degrees 08 minutes 27 seconds
East a distance of 536.66 feet to a point in
the North line of said tract, said point
be-ing South 86 degrees 40 minutes 40 seconds
Zest a distance of 70.63 feet from the
Northwest corner of said tract of land.
Said easement is depicted in the Gideon walker
Survey by Edwin A. Apel dated August 1981, at-
tacked hereto, marked Exhibit A and made fully
a part of this easement by this reference. 23 ' ,�' bra. •-�' V�ItJ'x. _0
EX2 C>F OS 41-
PART 2. CONSTRUCTION EASEMT
in addition to the 20 foot permanent easement as described
above, an initial construction easement 40 feet in width is
to be furnished. This easement shall be adjacent and par-
allel to the permanent easement and shall be 20 feet in
width on each side of said permanent easement. The Con-
struction Easement shall be used for initial construction,
only.
The easement and right-of-way created by this grant shall con-
tinue and be perpetual so long as the particular purpose for which
the said easement or right-of-way has been created shall not have
ceased, unless sooner released or abandoned.
The Grantor reserves the right to continue to make use of the
real estate covered by this grant# provided such use is not incon-
sistent or detrimental to the easement and right-of-way herein
created. The use envisioned by the Grantor, by way of example, and
not by way of limitation shall be any and all use over said ease-
ment, including paving over said easement, whether by way of lime
stabilizing and compacted stone, or other methods of paving, in-
cluding asphalt topping, concrete, or any other methods Grantor may
use in its sole discretions storage of goods and materials, vehi-
cles, or other items along# beside, and directly over said easements
the passage of fencing and other security measures over said ease-
ment as Grantor may use in its sole discretiont and the raising of
the grade over said easement, should the Grantor deem such increase
in grade of the land included within the boundaries of said ease-
ment to be necessary, and in that event, the Grantee shall be re-
sponsible for any costs in raising or lowering said sewer lines,
manholes# and other equipment and fixtures necessarily incident
thereto, whether on a temporary or permanent basis.
The aforesaid Grantee in constructing, reconstructing, oper-
ating,, maintaining and removing said sewer lines, equipment, man-
holes, and other fixtures necessarily incident thereto for the
operation of said sewer lines underground shall do as little as
possible to the property of Grantor and will make good all damage,
and shall, in any event, restore the said property so far as pos-
sible to its present condition, or to the condition in which the
Grantee finds the property immediately prior to any future opera-
tion, reconstruction, excavation relating to said sewer lines, or
other activity of whatsoever type involved in the construction,
{ reconstruction, operation and maintenance of said sewer line or
t lines.
Nothing herein contained shall be construed to prevent the
! Grantor from, making excavations or doing other acts for the pur-
pose of laying road beds, parking lots, storage pads, or any other
item which the Grantor may hereafter construct thereon and which
a =i?
i
'' ' EXHIBIT C
3 OF 6
excavations or other acts might, but for this paragraph, be in
der-ogation of the grant hereby madei and the Grantee shall at its own
expense, within thirty (30) days after being required so to do un-
der notice in writing given by the Grantor, relocate, at its cost,
the depth of said equipment to the extent required, on a temporary
or permanent basis, so that the said equipment will not be inter-
fered with by any such excavation.
The aforesaid Grantee hereby covenants and agrees to release
the easement and right-of-way herein granted by proper instrument
upon termination of the easement and right-of-way when the afore-
mentioned purposes therefore cease, or by abandonment, or otherwise.
The aforesaid Grantee shall have satisfied the requirements of this
covenant when it has properly filed an instrument of release in the
Office of the Recorder of Deeds for Denton County, Texas.
The grants, reservations, covenants and stipulations herein
contained shall extend to and be binding upon the respective suc-
cessors and assigns of the parties hereto.
IN WITNESS WHEREOF, the said Grantor has caused this instru-
ment to be signed in its name and behalf and its corporate seal to
be affixed hereto, and attested, by its officers thereunto duly
authorised, this day of , A. D., 1982.
ANDREW CORPORATION, Grantor
SYs % 'Y
C. Russell Cox,
j% President
F - A RPOItA17.''SEAL}
.1;i r• ,,aj'tr+ ATTESTS `
• Sys
= secretary
STATE OF ILLINOIS )
) SS
COUNTY or C O O % )
4 ",
Sworn to and subscribed before as this A day
A, O-, 1982. r
�4 �J1f•% i1 t li t-1
"�% Notary PubIic
My commission expires
EXHIBIT C
40F46 S
7 � f �f
• _ - �..7Ll.l.�..t4 Ix.:µ V
The grants contained in the foregoing instrument are hereby
accepted this day of , A. D., 1982, sub-
ject to the reservations, covenants and stipulations contained
therein.
THE CITY OF DE!Wq. TEXAS, A
MUNICIPAL O ORATI , Gr`nf e
8yi
Titles
(CORPORATE SEAL)
ATTEST: ay= •�
Titles
STATE OF TEXAS )
j SS
COUN" of DEtf'M Q
Sworn to and subscribed before me this � ay of
A. D., 1982.
.otary Public
(SEAL)
My commission expires
1
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