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Home My WebLink About2005-104ORDINANCE NO. Shl),6- /0V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A RIGHT OF WAY USE AGREEMENT TO ALLOW CONTINUED EXISTANCE OF A MONUMENT SIGN WITHIN STREET RIGHT-OF-WAY AT MCKAMY BOULEVARD AND NORTH LOCUST STREET TO INDICATE ENTRYWAY INTO MCKAMY EVERS ESTATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that approval of the Right -of -Way Use Agreement attached hereto and made a part hereof by reference (the "Agreement") is in the public interest because it will allow the public to know that they are entering into the McKamy Evers Estates Subdivision of the City of Denton which will promote efficient traffic circulation; 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 incorporated herein by reference. Section 2. The Agreement is hereby approved and the City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City of Denton, and to carry out the City's rights and obligations under the Agreement. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 5day ofi , 2005. Euline Brock, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY Herbert l After Recording Return To City of Denton Real Estate and Capital Support 601 East Hickory Street Suite B Denton, TX 76201 RIGHT-OF-WAY AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § The City of Denton (the "CITY') does consent and agree to give McKamy Evers Estates Homeowners Association, a Texas non-profit corporation (the "ASSOCIATION") 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 landscaped monument sign as shown on Exhibit `B" (the "Sign") within Mckamy Evers Estates Phase 1 an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet U, Pages 938 and 939 of the Plat Records of Denton County Records (the "Subdivision" or "Property"), upon the following conditions: I. The ASSOCIATION shall maintain and keep in good condition all of the Right -of -Way Area, Sign, landscaping and other improvements authorized by the CITY (the "Improvements") and the CITY shall not become responsible for such maintenance at any time in the future. The Sign is currently located within the Right -of -Way Area. The CITY approves the configuration of the SIGN as it presently exists. Any modifications to the SIGN or other Improvements within the Right -of -Way Area must be approved in writing by the CITY. The sole purpose of the Sign is to inform the public of the location of the Subdivision. No advertising of any kind will be allowed on the Sign, other than the name of the Subdivision. The ASSOCIATION will be responsible for maintaining the Improvements, including the lighting components, in the Right - of -Way Area. M The ASSOCIATION shall and does hereby agree to indemnify and hold harmless CITY, its employees, officers, and agents from any and all damages, loss or liability of any kind whatsoever by reason of injury to persons, including death, and damages to property occasioned Page 1 by the ASSOCIATION'S use of the Right -of -Way Area or act of omission, neglect or wrongdoing of the ASSOCIATION and shall, at its own cost and expense, defend and protect the CITY against any and all such claims and demands. III. The ASSOCIATION shall purchase and maintain Commercial General Liability Insurance naming the CITY, its employees, officers, and agents as an "additional insureds" for damages and injuries arising from the construction, location and maintenance of the Improvements and other ASSOCIATION work within the Right -of -Way Area, 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. IV. The ASSOCIATION shall arrange for all activities and Improvements within the Right - Of -Way Area to be discontinued and/or removed, at the direction of CITY, within thirty (30) days of notification by CITY, that the City Council has directed the use of the Right -of -Way Area by the ASSOCIATION to be discontinued; and the cost associated with the discontinuing of such activities, and the removal of such Improvements, necessitated by such discontinuation of the right-of-way use, shall be borne by the ASSOCIATION. The ASSOCIATION shall not seek compensation from CITY for loss of the value or use of the Improvements when such Improvements are required to be removed by CITY. Should the ASSOCIATION fail to remove such improvements as required by the CITY, the CITY may remove them at the sole expense of the ASSOCIATION. V. This Agreement shall be binding upon and inure to the benefit of the CITY and ASSOCIATION, and their respective successors and assigns, and shall constitute restrictive covenants that touch and run with the land described as the Property herein and shall be binding upon all owners and future owners of the Property for a period of fifty years from the date of this Agreement. This Right -of -Way Use Agreement is executed by the parties to be effective the 5�h- day of 2005. Page 2 CITY OF DENTON, TEXAS BY: a► a�. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: HERBERT L. PROUTY, CITYsATTORNEY IC McKan F-W John Skelton, President ;ociation Page 3 ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF DENTON i This instrument was acknowledged before me on the day of a&AL2005 b f the City of Denton, Texas, on behalf of said city. N ary Public in and for the State of Texas "'w �'•• JANE E. RICHARDSON NotaryMy Commission expires: my Public, State of Texas Commission Expires June 27, 2005 '^mm. STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the "day of, 2005 by John Skelton, President of McKamy Evers Homeowners Association, a Te as non-profit corporation, on behalf of said corporation. oi�pr veii°� JANE E. RICHARDSON t"= Notary Public_ State of Texas ?r My Commission Expires June 27, 2005 After Recording Return To: City of Denton Real Estate and Capital Support 601 East Hickory Street Suite B Denton, TX 76201 1#6fary Public in and for the State of Texas My Commission expires: n /— Page 4 EXHIBIT "A" Being a tract of land situated in the B.B.B.& CAR, Survey, Abstract No. 186, City of Denton, Denton County, Texas, said tract being an island located in McKamy Boulevard at its intersection with North' Locust Street according to the file plat of McKamy Evers Estates, Phase I as recorded in Cabinet U, Page . 939 of the Map Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the intersection of the west line of North Locust Street (t15'right-of-way) and the south line of McKamy Boulevard (90'right-of-way), said point being the northeast comer of Lot I in Block A of McKamy Evers Estates, Phase 1 as recorded in Cabinet U, Page 939 of the Map Records of Denton. County, Texas; THENCE N00"59'41'T along the west line of Locust Street, 45.00 feet to the centerline of McKamy Boulevard and the place of beginning; THENCE FROM THE PLACE OF BEGINNING in a southwesterly direction :with a curve to the right,. Chord Bearing S47-21'34"W, said curve having a central angle of 92143'46" and.a radius of 10.00feet, an arc distance of 16.18 feet to,a point for comer, - THENCE N86016'33"W, 104.88 feet to a point for corner THENCE in.a westerly to easterly direction with a curve to the right, Chord Bearing N00*59'417E, said curve having a central angle of 17432'28 and a radius of 5.00 feet, and arc distance of 15.23 feet to a point for comer; THENCE N880I5'55"E,104.88 feet to a point for comer, THENCE in a southeasterly direction with a curve to the right, Chord Bearing S45"22' 12"E, said curve having a central angle of 92"43'46 and a radius of 10.00 feet, an arc distance of 16.18 feet to.a point for comer and thdplace .of beginning and containing 0.041acre'(1,773 square feet) of land. . ram dos 0 M cl) m �d � CA s C2 -- v a i 90.00• n t NNtARI �SWWN LOCUST arnm m s0 .0 O O A N O! D W m tiJ Feb 10, 2005, of 12:22:17 PM .L John Skelton Exhibit B obi > 9k,;5'R4z- 3 K 0 paig aqs e v -< v��'a37�R ap M o s5faio iTl 3 m � 7 apn rT M L � o r70r1 3 M 0z m � z Z Skelton � 1 I �r -4 O I N I I 7C I 'e ti. I TI � I I i ii I I Jlb g 24'-0" I� Locust 1