HomeMy WebLinkAbout2005-155ORDINANCE NO. oM(% TV55
AN ORDINANCE TO PURCHASE APPROXIMATELY 0.630 ACRE OF LAND FOR
PUBLIC UTILITY EASEMENT AND APPROXIMATELY 0.779 ACRE OF LAND
FOR TEMPORARY CONSTRUCTION EASEMENT AND SIGN IMPROVEMENTS
BETWEEN THE CITY OF DENTON AND FOXWORTH-GALBRAITH LUMBER
COMPANY, LOCATED IN THE M.E.P.& P.R.R. SURVEY, ABSTRACT NUMBER
927, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (Loop 288 Utility Relocation Project).
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION I. The City Manager is hereby authorized to purchase public utility
easement and temporary construction easement and the sign improvements in
substantially the form as set forth in the Easement Purchase Agreement attached hereto
and made a part of this ordinance for all purposes regarding the Loop 288 Utility
Relocation Project.
SECTION 2. The City Manager is authorized to make the expenditures as set
forth in the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED
, 2005.
this the /1� day of
BROCK,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: a_
APPROVED AS LEGAL FORM:
EDWINM. SNY R, INTERIM CITY ATTORNEY
13Y:
EASEMENT PURCHASE AGREEMENT
AGREEMENT dated 2005 between Foxworth- Galbraith Lumber.
Company ("OWNER") and he City of Denton ("CITY").
WITNESSETH:
Whereas, Foxworth-Galbraith Lumber Company, a Delaware corporation, successor in
interest of Foxworth-Galbraith Lumber Company of Denton, is the owner of a certain 22.276
acre parcel land, evidenced by warranty deed recorded in Volume 515, Page 333, Deed
Records, Denton County, Texas, said parcel being affected by the public improvement project
called Loop 288 Utility Relocation Project ("PROJECT"); and "
Whereas, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the PROJECT;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows::
1. At Closing, the OWNER shall grant, execute and deliver to the CITY a 0.630
acre permanent utility easement and 0.779 acre temporary construction,
grading and access easement, attached herein. as "Attachment 1-A" and .
"Attachment 1-11" respectively( the Easements). In: addition, the OWNER
shall satisfy all closing requirements in relation to releasing and/or
subordination of any liens affecting the permanent easement and temporary
construction easement tracts; .
2. At Closing, the CITY shall pay OWNER.$ 83.000.00 as payment for the
Easements. In addition, the CITY shall pay OWNER $14.100 00 as payment
for the relocation costs of the SIGN. The sum of these two payments,
$97,100.00, is the amount of Total Compensation. The Total Compensation
payment amount represents full and adequate consideration for the
Easements and improvements therein, including without limitation, the sign
and any damages to the remainder of Owner's property.
3. It is hereby acknowledged that the OWNER's existing ground sign, as shown
in "Attachment 2" and "Attachment 3", both attached herewith, will require
removal prior to contractor mobilization for the PROJECT. The OWNER
shall remove the sign from the Easement areas no later than November 1,
2005. If Owner chooses not remove the sign from the casement areas by such
date, the City, its agents or contractors, may remove and dispose of the sign
with no further compensation to the Owner. Should the Owner choose to
relocate the existing sign or establish a new permanent sign during course of
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CITY OF DENTON, TEXAS:
B
Date:✓
Michael A. Conduff
City Manager
215 E. McKinney
Denton, Texas 76201
.ATTEST:
JE tNNII\FER WALTERS, TY.,SE�}C—Rp�E—VARY
BY\�,
APPROVED AS TO FORM:
EDWIN SNYD CTING CtW ATTORNEY
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
Commonwealth Land Title Insurance Company, Denton, Texas, hereby acknowledges
receipt of the fully executed Agreement on this, the day of
2005.
By:
Printed Name:
Title:
TelephoneNumher:
Page 3
THE STATE OF TEXAS, §
COUNTY OF DENTON §
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Foxworth=Galbraith Lumber Company; a. Delaware corporation,
successor in interest of Foxworth-Galbraith Lumber Company of Denton
("Grantor"), in consideration of the. sine of TEN DOLLARS. AND NO
CENTS($10.00) and OTHER GOOD AND VALUABLE CONSIDERATION in hand paid
by the City of Denton, Texas, ("Grantee"), receipt of which is
hereby acknowledged, does by these presents grant, bargain, sell and
convey unto Grantee an easement and free and uninterrupted use,
liberty and privilege of the passage in, along, upon and across that
certain real property containing approximately: 0.630 acre of land
owned by Grantor which is (situated in Denton County, Texas, in the
M.E.P. 6 P.R.R. Survey,) Abstract No. 927, more particularly
described in Exhibit "A" 6 illustrated in Exhibit "B", attached
hereto and made a part hereof by reference (the "Easement" or
"Easement Area
This Easement is granted for the purpose of .constructing,
reconstructing, installing) repairing, and perpetually maintaining
public utilities, in, along, upon and across the Easement, with the
right and privilege at all times of the Grantee herein, its agents,
employees, contractors and representatives having ingress, egress,
and regress in, along upon and across the Easement Area for the
purpose of makingadditions to, improvements on and repairs to
public utilities, or any part thereof.
Grantor, its success ors and assigns, shall not place any
improvements within the Easement Area without the prior written
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.consentofthe Grantee.,eGrantee shall 'have
the right•: ,to
the- .Easement. `Area any • mprovements': or obstructions:'.. To'catedywt
the- Easement ;Area', either, •no*.' or in'':the future thatY Grantee z iny3
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>� discretion •believes `interfere-:with'the"Graxitee sF use3?ofE"the; Eased
or, utilities;. other utilities may be located within„?
--Easement Area:..,without the prior written consent rof the Grant
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Grantor, its• .*successorsr and' assigns^; shal'1 xbe ,perm *tted `
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across. the Easement- Area foringress : and
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The. £undersigned- represents and: warrants that x
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_authorized' representative of Grantor and he ism authorized.•x•.ta';'
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this, Easement`'on, behalf' of 'Grantor, 'arid. that this .:Easement 'is f
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VARIABLE WIDTH EASEMENT
M.E.P.& P:RR SURVEY, ABSTRACT NO.927
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a tract of land situated in the M.E.P. & PRR Survey, Abstract No. 927, Denton
County, Texas, and being a part of a tract of land described by deed to Foxworth-
Galbraith Lumber Company. of Denton as recorded in Volume 515, Page 333 of the Deed
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod set with a yellow cap stamped"Arthur Surveying
Company" at the northwest corner of said Foxworth-Galbraith Lumber Company tract
and the southwest comer of Lot A2 of the Greater Denton Industries Subdivision, an
addition to the City of Denton as recorded in Cabinet L Page 247 of the Plat Records of
Denton County, Texas, same being in the east line of State Highway Loop 288;
THENCE North 89 degrees 36 minutes 07 seconds East with the north line of said
Foxworth-Galbraith Lumber Company tract and the south line of said Lot A2, a distance
of 25.01 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur Surveying
Company" for comer;
THENCE over and across said Foxworth-Galbraith Lumber Company tract, South 00
degrees 53 minutes 07 seconds West, a distance of 1085.03 feet to a 1/2 inch iron rod set
with a yellow cap stamped "Arthur Surveying Company" for comer;
THENCE South 21 degrees 36 minutes 53 seconds East, a distance of 29.91 feet to a 1/2
inch iron rod set with a yellow cap stamped "Arthur Surveying Company" in the
northeast line of a 16.00 foot Public Utility Easement recorded in Volume 603, Page 520
of the Deed Records of Denton County, Texas, and being 16 feet northeasterly at a right
angle from the northeast line of McKinney Street also known as F.M. Highway No. 426,
THENCE North 56 degrees 04 minutes 53 seconds West, continuing with the northeast
line of said easement and 16.00 feet northeasterly at right angle from said McKinney
Street a distance of 24.39 feet to a 1/2 inch iron rod set with a yellow cap stamped
"Arthur Surveying Company" at a point 16.00 feet easterly at a right angle from said
State Highway Loop 288;
THENCE North 00 degrees 53 minutes 07 seconds East, with the east line of said
easement and 16.00 feet easterly at right angle from said State Highway Loop 288, a
distance of 12.00 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur
Surveying Company";
Exhibit A
EXHIBIT "A Page 2of2
THENCE North 89 degrees 06 minutes 53 seconds West, a distance of 16.00 feet to a 1/2
inch iron rod set with a yellow cap stamped "Arthur Surveying Company" in the east line
of said State. Highway Loop 288;
THENCE North 00 degrees 53 minutes 07 seconds East, with the east line of said State
Highway Loop 288, a distance of 1086.80 feet to the POINT OF BEGINNING and
containing 0.630 of an acre of land more or less.
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"ATTACHMENT 1-B"
TEMPORARY CONSTRUCTION, GRADING & ACCESS EASEMENT 3
THE STATE OF TEXAS,
§ KNOW ALL MEN BY,THESE. PRESENTS:
COUNTY OF DENTON § -
THAT Foxworth-Galbraith Lumber Company, a. Delaware corporation,
successor in interest of Foxworth-Galbraith Lumber ,Company of Denton
("Grantor") in consideration of the sum of TEN DOLLARS AND NO
CENTS($10.00) and OTHER GOOD AND VALUABLE CONSIDERATION in hand paidby
the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto the City of Denton,
Texas, the free and uninterrupted .use, liberty and privilege of the
passage in, along, upon and .across the following describedproperty,
owned by them, situated in Denton County, Texas in the M.E.P.& P.R.R.
Survey, Abstract No. -07. -
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See EXHIBIT A &EXHIBIT .. B attached herewith
And it is further agreed that the City, of Denton, Texas in
consideration of the benefits above set -out, will remove from the
property above described, such fences, buildings and other obstructions
as maynowbe found upon said property.
For the purpose of construction gzading and access, upon and
across said premises, with the right and privilege at all times of the
grantee herein, his or its agents, employees, workmen. and
representatives having ingress, egress, and regress in, along, upon and.
across said premises for the purpose of construction grading and access
or any part thereof.
EXHIBIT ."A"
30' TEMPORARY CONSTRUCTION EASEMENT
M.E.P. & P.R.R. SURVEY, ABSTRACT NO.927
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a tract of land situated in the M.E.P. & P.RR. Survey, Abstract No. 927, Denton
County, Texas, and being a part of a tract of land described by deed to Foxworth-
Galbraith Lumber Company of Denton as recorded in Volume 515, Page 333 of the Deed
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod set with a yellow cap stamped "Arthur Surveying
Company" in the north line of said Foxworth-Galbraith Lumber Company tract and the
south line of Lot A2 of the Greater Denton Industries Subdivision, an addition to the City
of Denton as recorded in Cabinet I, Page 247 of the Plat Records of Denton County,
Texas, same being North 89 degrees 36 minutes 07 seconds East, a distance of 25.01 feet
from a 112 inch iron rod set with a yellow cap stamped "Arthur Surveying Company" at
the northwest comer of said Foxworth-Galbraith Lumber Company tract and the 288,
southwest comer of said Lot A2, same being in the east line of State Highway Loop
THENCE North 89 degrees 36 minutes 07 seconds East, with the north line of said
Foxworth-Galbraith Lumber Company tract and the south line of said Lot A2, a distance
of 30.01 feet to a point for comer;
THENCE over and across said Foxworth-Galbraith Lumber Company tract the following
courses and distances:
South 00 degrees 53 minutes 07 seconds West, a distance of 1079.73 feet to apoint for
corder,
South 21 degrees 36 minutes 53 seconds East, a distance of 67.64 feet to a point in the
northeast line of a 16.00 foot Public Utility Easement recorded in Volume 603, Page 520
of the Deed Records of Denton County, Texas, and being 16 feet northeasterly at a right
angle from the northeast line of McKinney Street also known as F.M. Highway No. 426;
North 56 degrees 04 minutes 53 seconds West, continuing with the northeast line of aid
easement and 16.00 feet northeasterly at right angle from said McKinney Street, a
distance of 53.01 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur
Surveying Company";
North 21 degrees 36 minutes 53 seconds West, a distance of 29.91 feet to a 1/2 inch iron
rod set with a yellow cap stamped "Arthur Surveying Company" for corner,
North 00 degrees 53 minutes 07 seconds East, a distance of 1085.03 fee
OF BEGINNING and containing 0.779 of an acre of land more or less.
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