HomeMy WebLinkAbout2004-205SAOur Documents\0rdinances\04\R0W Use-Windjammer.DOC
ORDINANCE NO. Pi
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 A MONUMENT SIGN WITHIN STREET RIGHT-
OF-WAY AT UNICORN LAKE BLVD. AND STATE SCHOOL ROAD TO INDICATE
ENTRYWAY INTO UNICORN LAKE; 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 Unicorn Lake area of the
City of Denton which will promote efficient traffic circulation; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Agreement is hereby approved. The City Manager or his designee is
hereby authorized to execute the Agreement on behalf of the City 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 thejday of , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: JUL k< A41j ! /--,i Lt.NZ.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
RIGHT-OF-WAY USE 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 Windjammer, Ltd., a Texas
limited partnership (the "APPLICANT") the right to the non-exclusive use of a portion of right-
of-way dedicated to the City which is more particularly described in Exhibit "A" attached hereto
and made a part hereof by reference (the "Right -of -Way Area") for the purpose of constructing
and maintaining a landscaped monument sign as shown on Exhibit `B" (the "Sign"), upon the
following conditions:
The APPLICANT, its successors or assigns, shall maintain and keep in good condition all
of the Right -of -Way Area and the Sign and the CITY shall not become responsible for such
maintenance at any time in the future. The contents and design of the Sign must be approved in
advance by the CITY. The sole purpose of the Sign is to inform the public that Unicorn Lake
Boulevard is an entryway into the Unicorn Lake development. No advertising of any kind will
be allowed on the Sign, other than the name of the Unicorn Lake development. The
APPLICANT shall create a property owners association or other non-profit organization (the
"POA") for the Unicorn Lake development that will be responsible for maintaining the
landscaping and signage, including the lighting components, in the Right -of -Way Area. Prior to
the creation of the POA, the APPLICANT shall provide the City Attorney of the City of Denton
(the "City Attorney") with copies of the draft POA documents so that the City Attorney may
verify that the proposed POA will be responsible for maintaining the Right -of -Way Area. The
boundaries of the Unicorn Lake development are shown and described by metes and bounds on
the attached Exhibit "C" which is made a part hereof by reference.
ill
The APPLICANT shall and does hereby agree to indemnify and hold harmless the CITY
from any and all damages, loss or liability of any kind whatsoever by reason of injury to property
or third persons occasioned by the APPLICANT's, its successors', or its assigns' use of the
right-of-way or act of omission, neglect or wrongdoing of the APPLICANT, its officers, agents,
employees, invitees or other persons, with regard to the Sign and the APPLICANT shall, at its
own cost and expense, defend and protect the CITY against any and all such claims and
demands. The APPLICANT, without consent of the CITY, may transfer or assign all of its
rights and obligations under this right-of-way use agreement (the "Agreement") to a POA as a
common area or improvement, provided that such a transfer or assignment shall not be effective
until the APPLICANT has delivered a copy of the agreement evidencing such assignment (the
"POA Agreement") to the CITY stating that the POA assumes all of the APPLICANT's duties
under the POA Agreement. Upon such a transfer, the APPLICANT is automatically released
012295.00010:832454.04
from all obligations hereunder, which obligations pass to the POA. All subsequent transfers or
assignments of the rights and obligations under this Agreement shall require the CITY's prior
written consent.
3.
The APPLICANT shall, or shall cause its successors or assigns to, purchase and maintain
General Liability Insurance naming the CITY as an "additional insured" for damages arising
from the construction and maintenance of the Sign with a limit of not less than $250,000.00 for
each person and $500,000.00 for each single occurrence for bodily injury or death and
$100,000.00 for each single occurrence for injury to or destruction of property.
The APPLICANT, its successors, or its assigns shall arrange for all activities and
improvements in the Right -of -Way Area to be discontinued and/or removed, at the direction of
the CITY, within thirty (30) days of notification by the CITY, that the City Council has approved
a resolution directing the use of the right-of-way by the APPLICANT be discontinued. The costs
associated with the discontinuing of such activities, and the removal of such improvements, shall
be borne by the APPLICANT, its successors, or its assigns.
5.
The APPLICANT, its successors, or its assigns shall not seek compensation from the
CITY for loss of the value of the improvements made hereunder when such improvements are
required to be removed by the APPLICANT.
;'1A
This Agreement shall be binding upon and inure to the benefit of the APPLICANT and
the CITY, and their successors and assigns. The covenants contained herein are restrictive
covenants that (a) touch and nm with the land described in Exhibit "A" located in the City of
Denton, Texas (the "Property"), (b) burden the Right -of -Way Area, (c) benefit the Unicorn Lake
Development, and (d) shall be binding on all parties and all persons claiming under them, and
any future owners of the Property for a period of fifty years from the date of this Agreement.
JN TESTIM IY WHEREOF, the APPLICANT executes this Agreement on this
day of 2004.
012295.00010:832454.04
CITY OF DENTON, TEXAS
By.
eel�a;��7
Michael A. Condu
City Manager
APPLICANT
WINDJAMMER, LTD.,
a Texas limited partnership
By: BOB SHELTON ENTERPRISES, LTD.,
a Texas limited partnership,
its general partner
By: BOB SHELTON ENTERPRISES
MANAGEMENT COMPANY, LLC,
a Texas limited liability company,
its general partner
By:
Bob to , President
APPROVED AS TO FORM:
CTY ATTOR
CITY OF N, E
BY:
Address: 3300 Sundown Blvd.
Denton, Texas 76210
Fax No. 940.536.1150
0I 2295.00010: 832454.04
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ;U day of 2004 by
Michael A. Conduff, City Manager of the City of Denton, Text's on 66half4f said city.
Notary Public in and for the Ste of Texas
My Commission expires: M e ob
ANNFORSYTHE
# '= MY COMMISSION EXPIRES
May 9, 2008
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on theX day of & 2004 by Bob
Yd
Shelton, President of Bob Shelton Enterprises Management Company, C, a Texas limited
liability company and general partner of Bob Shelton Enterprises, Ltd., a Texas limited
partnership and general partner of Windjammer, Ltd., a Texas limited partnership, on behalf of
said partnership.
Notary Public, ' and for the State of Texas
My Commission expires: (-1'3 -67
+v. KATHRYN E. LEMONS
ROTARYF0 MSTAYEOFTEMB
cor10EEIaE EXPIRES:
°i APRIL. S, 2007
rd
012295.00010:832454.04
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR SIGN AT UNICORN LAKE BOULEVARD & STATE SCHOOL ROAD
BEING A 0.023 ACRE TRACT OF LAND SITUATED IN THE (M.E.P. & P.R.R. SURVEY,
ABSTRACT NO.950, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND
BEING PART OF A CALLED 2.631 ACRE TRACT OF LAND, CONVEYED AS TRACT
TWO TO THE CITY OF DENTON BY DEED RECORDED IN COUNTY CLERK'S FILE NO.
2004=56699, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 0.023
ACRE TRACT, WITH REFERENCE BEARING BEING THE SOUTH LINE OF SECTION
ONE, BRIER CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS AS RECORDED IN CABINET 6; PAGE 45, PLAT RECORDS,
DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING THE NORTHEAST CORNER OF AFORESAID 2.631 ACRE TRACT AND
BEING THE SOUTHEAST CORNER OF A CALLED 1.354 ACRE TRACT OF LAND,
CONVEYED AS TRACT THREE TO THE CITY OF DENTON BY DEED RECORDED IN
COUNTY CLERK'S FILE NO.2004-56699, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
THENCE ALONG THE NORTH LINE OF AFORESAID 2.631 ACRE TRACT AND THE
SOUTH LINE OF A AFORESAID 1.354 ACRE TRACT AND THE SOUTH LINE OF A
CALLED 9.618 ACRE TRACT OF LAND, CONVEYED AS TRACT ONE TO THE CITY OF
DENTON BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2004-56699, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, A DISTANCE OF 141.89
FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREES 40
MINUTES 51 SECONDS, A RADIUS OF 914.93 FEET, AND A LONG CHORD
THAT BEARS NORTH 89 DEGREES 13 MINUTES 30 SECONDS WEST, A
DISTANCE OF 26.84 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 26.84
FEET, TO A POINT FOR CORNER;
THENCE OVER AND ACROSS AFORESAID 2.631 ACRE TRACT THE FOLLOWING
COURSES AND DISTANCES:
SOUTH 01 DEGREES 36 MINUTES 55 SECONDS WEST, A DISTANCE OF 23.90
FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON -
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23
DEGREES 38 MINUTES 51. SECONDS, A RADIUS OF 67.50 FEET, AND A LONG
CHORD THAT BEARS SOUTH 78 DEGREES 14 MINUTES 30 SECONDS EAST, A
DISTANCE OF 27.66 FEET;
THENCE CONTINUING OVER AND ACROSS AFORESAID 2.631 ACRE TRACT AND
ALONG THE BACK OF CURB THE FOLLOWING COURSES AND DISTANCES:
ALONG SAID NON -TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
27.86 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A
COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 132
DEGREES 42 MINUTES 18 SECONDS, A RADIUS OF 2.00 FEET, AND A LONG
CHORD THAT BEARS SOUTH 00 DEGREES 03 MINUTES 55 SECONDS EAST,
A DISTANCE OF 3.66 FEET;
OASIMUNICORM02198501\sdaMNl985EX 12.dw
6/162004
Page 1 af3
r.
ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 4.63
FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23 DEGREES 38
MINUTES 51 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT
BEARS SOUTH 78 DEGREES 06 MINUTES 39 SECONDS WEST, A DISTANCE OF
27.66 FEET;
ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF
27.86 FEET, TO A POINT FOR CORNER;
SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, A DISTANCE OF 23.46
FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 25 DEGREES 46
MINUTES 35 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT
BEARS NORTH 77 DEGREES 10 MINUTES 38 SECONDS WEST, A DISTANCE OF
30.11 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF.30.37
FEET, TO A POINT FOR CORNER ANDTHE BEGINNING OF A COMPOUND
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 132 DEGREES 50
MINUTES 50 SECONDS, A RADIUS OF 2.00 FEET, AND A LONG CHORD THAT
BEARS NORTH 02 DEGREES 08 MINUTES 05 SECONDS EAST, A DISTANCE OF
3.67 FEET;
ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 4.64
FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21 DEGREES 57
MINUTES 14 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT
BEARS NORTH 79 DEGREES 32 MINUTES 07 SECONDS EAST, A DISTANCE OF
25.71 FEET;
ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF
25.86 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A REVERSE
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00 DEGREES 34
MINUTES 39 SECONDS, A RADIUS OF 392.50 FEET, AND A LONG CHORD
THAT BEARS SOUTH 89 DEGREES 46 MINUTES 36 SECONDS EAST, A
DISTANCE OF 3.96 FEET;
ALONG SAID REVERSE CURVE TO THE LEFT, AN ARC DISTANCE OF 3.96
FEET, TO A POINT FOR CORNER;
NORTH 89 DEGREES 56 MINUTES 05 SECONDS EAST, A DISTANCE OF 23.44
FEET TO THE POINT OF BEGINNING AND CONTAINING 0.023 ACRES OF
LAND, MORE OR LESS.
DM IMN ICORM0219850I Wsta\ 1985EX 12. doa
6/16/2004
Page 2 of 3
SCALE: V = 60'
CURVE
CENRAL ANGLE
RADIUS
ING
CHORME
CHORD LENGTH
ARC LENGTH
C1
01'40'51"
914.93'
N SWW
26.84'
26.84'
C2
23'38'51"
67.50'
S 78E
27.66'
27.86'
C3
132'42'18"
2,0W
S 00E
3.56'
4.63'
C4
23'38'51"
67.50
S 78W
27.66'
27.86'
C5
25'46'35"
6Z50'
N 77W
30.11'
30.37'.'
Cfi
132'50'50"
2.00'
N 02E .
3.6T
4.64'
C7
21'57'14
67.50'
N 79'E
25.71'
25.86'
C8
00'34'39"
392.50'
S 89E
3.9 fi'
3.96'
LINE
I BEARING
DISTANCE
W
W
L1
1S 89'S 6'05" W
L2
S 01'36 55" W
23.90'
L3
I S 89-56'05" W
23.46'
L4
I N 89'56'05" E
23.44'
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VOLUME 435, PAGE 12
D.R.D.C.T.
DATE: D6/09/01
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SON ONE, BRIER CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON. DENTON COUNTY,
'UT RECORDS. DENTON C... W. T1Y11
Exhibit A
PROPERTY EXHIBIT FOR CarternBurgess
SIGN AT UNICORN LAKE BOULEVARD CARTER A: BURGESS, INC.
AND STATE SCHOOL ROAD . 7950 ELMBROOK DRIVE, SUITE 250
OUT OF THE DALLAS, TX 75247M961
-- . _.._.1 _ ... (214) 638-0145
V\SLL\UNILUKN\UC1VO0u1 NUM YuWU NL70.cnw,uwu
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Exhibit B