HomeMy WebLinkAbout2006-026C:\DOCUME--I\cadick\LOCALS—I\Temp\NGG Surface Site Easement Ordinance.doc
ORDINANCE NO. 200(, -02 r
AN ORDINANCE APPROVING A SURFACE SITE EASEMENT AGREEMENT
GRANTING SUCH EASEMENT TO NGG GATHERING COMPANY, LLC, WHICH
EASEMENT IS LOCATED IN AN APPROXIMATE 245 ACRE TRACT OF LAND OWNED
BY THE CITY OF DENTON AND LOCATED IN THE G. WALKER SURVEY, ABSTRACT
NO. 1330; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, NGG Gathering Company, LLC ("Grantee") has requested that the City
enter into a Surface Site Easement Agreement, a copy of which is attached hereto and made a
part hereof by reference (the "Easement Agreement"), and
WHEREAS, the City Council finds that the Easement Agreement is in the public interest
and the consideration being paid by Grantee constitutes fair market value for the Easement
Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are true and correct and are incorporated herein by reference.
SECTION 2. The Easement Agreement is hereby approved. The Interim City Manager or
his designee is hereby authorized to execute the Easement Agreement on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2006.
^
AC-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO FORM:
EDWIN M. S CITY TTORNEY
BY:
SURFACE SITE EASEMENT AGREEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
This Surface Site Easement Agreement (this Agreement") is entered into between the
City of Denton, Texas, a home rule municipal corporation of Denton County, Texas
("GRANTOR") and NGG Gathering Company, LLC ("GRANTEE").
For and in consideration of Eighty Four Thousand Nine Hundred Ninety Six Dollars and
No Cents ($84,996 00) and other good and valuable considerations in hand paid, the receipt of
which and sufficiency of which is hereby acknowledged, and in consideration of the covenants
contained herein, GRANTOR and GRANTEE agree as follows:
1. Subject to the terms of this Agreement, GRANTOR hereby grants to GRANTEE an
easement (the "Easement" or "Easement Property") over, under and across two tracts of
land, the first described in Exhibit "A", and illustrated in Exhibit `B", and the second
described in Exhibit "C" and illustrated in Exhibit "D" all of which are attached hereto
and made a part hereof by reference. This grant is made subject to all matters of record
affecting the Easement Tracts.
2. The Easement shall only be used for the purpose of and the right to, construct, install,
erect, inspect, operate, replace, change or remove, maintain or connect any necessary
fixtures, equipment and appurtenances above and below ground, (the "Facilities") used in
connection with GRANTEE's business of the transportation and storage of oil,
condensate, gas, water, or other material or substances which can be transported, and
including, construction by GRANTEE of a fence to enclose the same, or any part of the
Easement Property.
3. GRANTEE shall have all of the rights and benefits necessary or convenient for the full
enjoyment or use of the right herein granted, including, but without limiting the same to
the free right of ingress to and egress over and across said lands to and from said right-of-
way and easement and the right from time to time to cut, undergrowth and other
obstructions on the Easement Tract, that may injure, endanger or interfere with the use of
said facilities. GRANTEE shall also have the ability to remove any trees in the Easement
Property and surrounding areas with the written approval of GRANTOR. The
GRANTEE shall have the right to assign this grant in whole or in part with the written
consent of GRANTOR, which consent shall not be unreasonably withheld.
Page 1
4. This easement is granted upon the conditions that GRANTEE's Facilities to be
constructed shall be maintained and operated by GRANTEE at no expense to GRANTOR
and GRANTOR shall not be responsible for any costs of construction, reconstruction,
operation, maintenance, relocation, adjustment, or removal of GRANTEE's Facilities.
5. GRANTEE shall and does hereby agree to indemnify and hold harmless GRANTOR
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 Easement Property or act of
omission, neglect or wrongdoing of GRANTEE, his officers, agents, employees, invitees
or other persons, with regard to the Facilities and maintenance of such improvements;
and the GRANTEE shall, at his own cost and expense, defend and protect GRANTOR
against any and all such claims and demands.
6. GRANTEE shall diligently repair any damage to improvements on the Easement
Property or surrounding property and shall restore the surface of the Easement Property
and surrounding property from damage resulting from GRANTEE's use of the Easement
Property.
7. GRANTEE shall, at its own cost and expense comply with all applicable laws, including
but not limited to exiting zoning ordinances, governmental rules and regulations enacted
or promulgated by any governmental authority and shall promptly execute and fulfill all
orders and requirements imposed by such governmental authorities for the correction,
prevention and abatement of nuisances in or upon or connected with said premises
because of GRANTEE's use thereof.
8. It is agreed that this grant covers all the agreements between the parties and that no
representation or statements, verbal or written, have been made modifying, adding to, or
changing the terms of this Agreement.
TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the
right and easement herein granted, or any one of them shall be used by, or useful to, GRANTEE
for the purpose herein granted, with ingress to and egress from the premises for the purpose of
constructing, inspecting, operating, maintaining, repairing, altering, replacing, changing the size
of and removing the Facilities of GRANTEE herein described.
In TESTIMONY WHEREOF, the Parties herein have executed this Agreement this
_I�W day of January 2006.
Page 2
GRANTOR:
CITY OF DENTON
By: Howard Martin, Interim City Manager.
Approved as to form:
Edwin Snydr, Cify Attorney
Denton, Te s
ACCEPTED AND AGREED:
NGG A RING COMPANY, LLC
By: ll
Name: Dg. 4J Co-tner
Title: A T
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
Howard Martin, Interim City Manager of the City of Ppdon, Texas, on behalf of such
municipality, acknowledged this instrument before me on, /V 2006.
aim hdiadjhy
I46tary Public in and for the State of Texas "CHA"'ON
Notary Publlo. Stets of Taxes
�''e, My Commission Expires
My Commission Expires: � ��faP,F June 27, 2009
Page 3
THE STATE OF TEXAS §
COUNTY OF DENTON §
)6yLp Ccror--- , the AT7w-v It, )170 of NGG Gathering Company, LLC,
on behalf. of such limited liability ;company, acknowledged this instrument before me on,
)MMAivvy / 2006.
a'�lto'ys C. MEDFERDOWEN JR.
for Tic of Texas ` Notary Public, State of Texas
$�cMy May 4, 2 Expires
r'i� 04,2009
My Commission Expires:
AFTER RECORDING RETURN TO:
City of Denton
Real Estate and Capital Support
601 East Hickory Street
Suite B
Denton, Texas 76201
Page 4
EXHIBIT "A"
Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, Texas 76202
Phone (940)565-8215 Fax (940)565-9800
CITY OF DENTON
4.378 ACRE TRACT
FIELD NOTES to all that certain tract of land situated in the G. Walker Survey Abstract Number
1330, Denton County, Texas and being a part of the called 245.00 acre tract described in the
deed from Ann C. Stark and Robert W. Callahan to the City of Denton recorded under Clerk's
File Number 97-R0019639 of the said Real Property Records, the subject tract being more
particularly described as follows;
BEGINNING at a 1/2inch iron rod with a yellow plastic cap stamped "COLEMAN R.P.L.S.
4001" set (herein after referred to as IRS) on the North line of the Atmos Substation Site
North 88 Degrees 33 Minutes 48 Seconds West a distance of 150.0 feet from a TXU Survey
Marker found at the Northeast corner thereof and an angle point in the East line of the 245.00
acre tract
THENCE North 88 Degrees 33 Minutes 48 Seconds West along a fence on the North line of
the said Atmos Substation a distance of 449.5 feet to a TXU Survey Marker found at the
Northwest corner thereof,
THENCE South 01 Degrees 31 Minutes 10 Seconds West with the West line of the Atmos
Substation a distance of 306.4 feet to a %2 inch iron rod set with a yellow plastic cap stamped
"COLEMAN P.R.L.S. 4001" (herein after referred to as IRS);
THENCE North 88 Degrees 29 Minutes 03 Seconds West a distance of 474.8 feet to an IRS;
THENCE North 01 Degrees 31 Minutes 07 Seconds East a distance of 400.0 feet to an IRS in
a wire fence for the Northwest corner of the herein described tract;
THENCE South 81 Degrees 46 Minutes 53 Seconds East along the wire fence a distance of
209.8 feet to an IRS at an angle point therein;
THENCE South 59 Degrees 52 Seconds 45 Seconds East a distance of 233.3 feet to an IRS at
an angle point;
THENCE North 01 Degrees 31 Minutes 10 Seconds East departing the said fence a distance
of 92.6 feet to an IRS;
THENCE South 88 Degrees 33 Minutes 48 Seconds East, 50 feet North of and parallel with
the North line of the Atmos Substation a distance of 511.0 feet to an IRS;
THENCE South 01 Degrees 27 Minutes 10 Seconds West a distance of 50.0 feet to the
PLACE OF BEGINNING and enclosing 4.378 acres of land.
Revised 12-29-05
11 /
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CALLED 57.894
ACRES C. STAR ANN
TO
C.F.N. W. D038760 i
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C.F.N. 00—It00367B0 P
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N 88.29'i
�1ry
CALLED 245.00 ACRES
ANN C. STARK & ROBERT W. CALLAHAN
TO
CITY OF DENTON
C.F.N. 97—ROO19639
N
L E G E N D
CM ................................. CONTROLLING MONUMENT
FCP..................................... FENCE CORNER POST
IRF............................................ IRON ROD FOUND
"S................................................. IRON ROD SET
— PROPERTY LINE
EXHIBIT "B"
4.387 ACRE TRACT
IN THE G. WALKER SURVERY A 1330
CITY OF DENTON
DENTON COUNTY, TEXAS
DRAWN: CF JOB 111: 1151
CHECKED: WMC DATE: 8-1-05
REVISED:12-29-05 SCALE: 1" = 400'
TRACT';
1'.0
I.
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SITE
p �g j5d
NUMBER
DIRECTION
DISTANCE
L1
S 81.46'53" E
209.8'
L2
S 59.52'45" E
233.3'
L3
N 01.31'10'E
92.6'
* BEARINGS & DISTANCES BASED ON:
TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE (4202)
BASED ON GPS TIES TO GEODETIC CONTROL
CONVERGENCE = 00°40'46.87'
COMBINED SCALE FACTOR = 0.999840708
TO GET SURFACE DISTANCES
MULTIPLY BY: 1.00015932
Ileman & Associates
Land Surveying
BOX 686 DENTON, TEXAS 76202
i40 565-8215,FAX (940)565-9800,
WWW.COLEMANSURVEYING.COM
02008 ODIUM & ASSOC. SURVEYING
EXHIBIT "C"
Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, Texas 76202
Phone (940)565-8215 Fax (940)565-9800
CITY OF DENTON
0.344 OF AN ACRE TRACT
GASEASEMENT
FIELD NOTES to all that certain tract of land situated in the G. Walker Survey Abstract
Number 1330, Denton County, Texas and being a part of the called 245.00 acre tract
described in the deed from Ann C. Stark and Robert W. Callahan to the City of Denton
recorded under Clerk's File Number 97-R0019639 of the said Real Property Records, the
subject tract being more particularly described as follows;
BEGINNING at the Northeast comer of the tract being described herein, at a % inch iron
rod set with a yellow plastic cap stamped "COLEMAN R.P.L.S. 4001" (herein after
called IRS on the East line of the said 245.00 acre tract North 01 Degrees 27 Minutes 10
Seconds East a distance of 142.6 feet to an iron rod found at the East Northeast corner of
the 245.00 acre tract and the Southeast comer of tract called 57.894 acre tract described
in the deed from Ann C. Stark to Robert W. Callahan recorded under Clerk's File
Number 00-R0038760 of the said Real Property Records;
THENCE South 01 Degrees 27 Minutes 10 Seconds West a distance of 100.0 feet to a
TXU Survey Marker found at the Northeast corner of the Atmos Substation site;
THENCE North 88 Degrees 33 Minutes 48 Seconds West along a fence with the North
line of the said Atmos Substation a distance of 150.0 feet to an IRS for Southwest comer
of herein described tract;
THENCE North 01 Degrees 27 Minutes 10 Seconds East a distance of 100.0 feet to an
IRS;
THENCE South 88 Degrt
PLACE OF BEGINNINC
Revised 12-29-05
150.0 feet to the
fto
C.F.N. 00-R0036780
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TRACT 2 V
4.387 ACRES o 0
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S 88'33'48" E 150.0'
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0.344 OF AN ACRE 3
O
N 88-33'48" W 1 150.0'
CALLED 245.00 ACRES I
ANN C. STARK 6: ROBERT W. CALLAHAN
TO i
CRY OF DENTON
C.F.N. 97-RO019639
0
ATMOS SUBSTATION SITE
L E G E N D
CM ................................. CONTROLLING MONUMENT
FCP..................................... FENCE CORNER POST
IRF............................................ IRON ROD FOUND
IRS ................................................. IRON ROD SET
— PROPERTY LINE
O GAS LINE MARKER
1
0 25 1
EXHIBIT I'D"
0.344 OF AN ACRE TRACT
IN THE G. WALKER SURVERY A 1330
CITY OF DENTON
DENTON COUNTY, TEXAS
DRAWN: CF JOB g: 1151
CHECKED: WMC DATE: 8-1-05
REVISED:12-29-05 SCALE: 1" = 400'
* BEARINGS 8 DISTANCES BASED ON.
TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE (4202)
BASED ON GPS TIES TO GEODETIC CONTROL
CONVERGENCE = 00'40'46.87'
COMBINED SCALE FACTOR = 0.999840708
TO GET SURFACE DISTANCES
MULTIPLY BY: 1.00015932
man & Associates
,and Surveying
X 886 DENTON, TEXAS 76202
)565-6215,FAX (940)565-9800,
VW.COLEMANSURVEYING.COM
®2006 COLDUN h ASSOC. SURVEYING
Denton County
t Cynthia Mitchell
County
Clerk
Denton, TX 76202
�a zoas 000sm4�
Instrument Number: 2006.61044
As
Recorded On: May 23, 2006 Easement
Parties: CITY OF DENTON Billable Pages: 10
To Number of Pages: 10
Comment:
" Examined and Charged as Follows: "
Easement 52.00
Total Recording: 52.00
•""•'""'• THIS PAGE IS PART OF THE INSTRUMENT"•" '*•""`
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
bemuse of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Numb r: 2006-61044
Receipt Numb r. 292190 CITY OF DENTON
Recorded Datem e: May 23, 2006 01:57P 601 E HICKORY ST STE B
DENTON TX 76201
User / Stati n: K Kirby - Cash Station 2
STATE OF TEXAS)
NTY OF DENTON)
r corefy t t MW ims m m waa FILED In Ne File NumGr sepuonca on t * dM"me
Mnn, and was duly RECORDED In the Of/ldal Reeonfa of Denton Couny, Texas.
dud.
ity Clerk
on County, Texas