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Home My WebLink About2003-128ORDINANCE NO./a AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS WOMAN'S UNIVERSITY TO ENABLE AN EXCHANGE OF EASEMENTS AND SERVICES TO ACCOMMODATE UTILITY RELOCATIONS AND EASEMENTS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton and Texas Woman's University desire to enter into an Interlocal Agreement for the exchange of land for use as easements, pursuant to §791.028 of the Government Code, §272.001 of the Texas Local Government Code, and §2-127 of the Denton code of ordinances; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton an Interlocal Agreement with Texas Woman's University to enable an exchange of easements and services to accommodate utility relocations and easements in substantially the same form as of the Interlocal Agreement attached hereto and made a part hereof by reference. Section 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PRQJAY, CITY/ATTORNEY IM INTERLOCAL AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and Texas Woman's University ('TWU'). WHEREAS, the City and TWU desire to enter into an Interlocal Agreement to provide for City of Denton utility facility relocations and easements, pursuant to §791.028 of the Texas Government Code; and WHEREAS, TWU has previously granted to the City a utility easement dated November 16, 1938, and recorded in the Deed Records of Denton County under Volume 276, Page 524 (the "Existing Easement"); and WHEREAS, TWU has requested that it exchange a new City of Denton utility easement as more particularly described in Exhibits "A-l" and `B-1" and temporary construction easement as more particularly described in Exhibits "A-2" and `13-l" attached hereto and made a part hereof by reference (the "Replacement Easements") to replace the Existing Easement in order to reroute the existing sanitary sewer line around TWU's new Chiller Plant Facility; and WHEREAS, the Project also necessitates the City's acquisition of additional City of Denton utility easements as more particularly described in Exhibits "A" and `S" ("Exchange Easement 1") attached hereto and made a part hereof by reference (the Replacement Easements, Exchange Easement 1, and Temporary Construction Easement are collectively called the "Exchange Easements"); and WHEREAS, the Project and this agreement will benefit TWU, the City and its citizens and is in the public interest; and WHEREAS, the consideration for the promises contained herein represent fair market value for the property interests being granted or abandoned and fair and reasonable compensation for the services being performed under this agreement; and WHEREAS, all monies expended under this agreement are from current revenues of the paying party; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and TWU hereby agree as follows: 1. On or before 90 days after the date of this Agreement TWU shall deliver to the City the fully executed non-exclusive Exchange Easements in substantially the same form as Attachment 1 attached hereto and made a part hereof by reference. City shall deliver to TWU a certified copy of a City ordinance abandoning the Existing Easement (the "Abandonment Ordinance") no later than 90 days after completion of the Project. 2. As additional consideration, and as apart of the Project; a. The City shall provide two 4 foot manholes as shown on plan sheets 14C & 14D (Exhibits "C" & "D", respectively) to tie into that portion of the sanitary sewer line to be abandoned and which will become a private service line serving TWU facilities and to be maintained by TWU in that regard. b. The City shall cause the Project contractor after installation of the sewer facilities to leave the earthwork in accordance with City specifications. The City will restore all impacted areas in a workmanlike manner to a condition equal to or better than that existing prior to construction. C. The City shall allow TWU the surface use of all easement area excluding the construction, erection or placement of any buildings, signs or other permanent structures, or portions thereof, in, on, or over the permanent easements. TWU shall have the right to make use of the easements for any purpose that does not interfere with the City's rights in the easements for the purposes granted, subject to the restrictions contained herein. TWU's right to use the easement shall specifically include the right to pave the easement areas for vehicular ingress, egress, and parking. 3. The City Council of the City and the Board of Regents of TWU have duly authorized this Agreement and the execution of same by the officers or agents who have signed below on their behalf. In Witness Whereof, this Agreement has been executed by the parties to be effective this the , day of %%% 12003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: SAOur Documents\Contracts\03\TWU Interlocal 2.doc Page 2 APPROVED AS TO LEGAL FORM: HERBERT L. PROLWY, CITY }ITT( Im APPROVED AS TO FORM m S90ur Documents\Contracts\03\TWU Interlocal 2.doc TEXAS WOMAN'S UNIVERSITY Im DR. BRENDA FLOYD, VICE PRESIDENT FINANCE AND ADMINISTRATION Page 3 $]nN3A¥7]e t$>� &�- � § o ! ■ q � % > 2 . . @ � �¢ Li � �• � \ � @®I � ! » zZ � Ja � k LLJ � 1-7 0 � o � § � \ � y � � \ � � \ \ � \ TON EXHIBIT N' LEGAL DESCRIPTION for an Utility Easement out of the B.B.B. & C.R.R. SURVEYA-185 Denton, Denton County, Texas Being all that certain tract, parcel, or lot of land out of the B.B.B. & C.R.R. SURVEY A• 185, in the City of Denton, Denton County, Texas described by deeds recorded in Volume 81, Page 429, Volume 182, Page 204, and Volume 216, Page 513, Deed Records, Denton County, Texas and more particularly described as follows: BEGINNING at a found TXDOT monument in the south right -of way line of University Drive, said right -of way line described in Volume 4333, Page 3072, Deed Records, Denton County, Texas; THENCE • N 89 °48' E. along said south rightof way line, 92.0 feet to a point for corner,- THENCE.• leaving said south right -of --way line, S 00° 12' E, 21.0 feet to a point for corner, THENCE. S 89050' W, 252.3 feet to an angle point for corner; THENCE. S 59008'W, 77.3 feet to a point for corner in the east line of an electric easement as recorded in County Clerk's File # 01-RO128840, Denton County, Texas THENCE. N 00 °52'W, along said east line for a distance of 11.5 feet to a point for corner, said point also being the easterly most northeast corner of said electric easement; THENCE • leaving said east line, N 59 °08'E, 86.0 feet to a point for corner in the said south right -of way line of University Drive; . THENCE. N 89150' E along said south rightof way line, 153.0 feet to a found TXDDT right -of way monument; THENCE. N 00 °35'W, 4.9 feet to to the POINT Of BEGINNING and CONTAINING 0.120 acres of land more of less as surveyed by john nall ji. rpls #1970 during the month of November 2002. See attached Survey Sketch jnj L-0041, "Dedicated to Quality Service" www.cityofdenton.coin EXHIBIT A-1' LEGAL DESCRIPTION for an Sanitary Sewer Easement out of the B.B.B. & C.R.R. SURVEYA-185 Denton, Denton County, Texas Being all that certain tract, parcel, or strip of land out of the B.B.B. & C.R.R. SURVEYA-185, in the City of Denton, Denton County, Texas described by deeds recorded in Volume 81, Page 429, Volume 182, Page 204, and Volume 216, Page 513, Deed Records, Denton County, Texas and more particularly described as follows: BEGINNING at a paint for corner in a curve of the north right of way line of Oakland Avenue, from which a found iron bolt for the centetline paint -of curvature.of said street bears S 88'13' W, 114.5 feet; THENCE.- leaving said north right-of-way line,N42°08'E, 183.1 feettaananglepoint- THENCE.• N 00°28' W, 194.1 feet to an angle point,• THENCE. N 17°09' E, 96.8 feet to an angle point; THENCE.- N 00°45' E, 332.0 feet to an angle point,- THENCE. N 05008' W, 302.5 feet to an angle point; THENCE.- N 23 °02'E, 16 1. 1 feet to a point for corns in the south line of an existing 0.120 ac. ittility easement,• THENCE. N 89 °50'E, along said south line of a utility easement, 10.8 feet to a point for corner; THENCE.• leaving said south line, S 23 °02' W, 162.9 feet to an angle point,• THENCE. S 05°08'E, 300.5feet to an angle point; THENCE: S 00045' W, 334.0 feet to an angle point THENCE.- S 17'09' W, 96.7 feet to an angle point; THENCE: S 00 °28'E, 196.4 feet to an angle point; THENCE • S 42 °08'W, 183.1 feet to a point for corner in the north line of aforesaid Oakland Avenue, said paint being in a curve to the left, having a delta of 01 °42'and a radius of 362.7feet, and whose center bears S 21 *33' W,- THENCE.• along said curve to the left and with said north right-of-way line for an arc distance of 10.7 feet to the POINT Of BEGINNING and CONTAINING 0.192 acres of land mare or less as surveyed by john nall jr. rpls # 1970 d ri an of December 2001; See attached Survey Sketch jnjH-0009; S:\Survey\Forms\L-0054_TWU SS easement.doc "Dedicated to Quality Service" zvww. ci tyofden ton.coin -UNIVERSITY DRIVE- - - - - ESISTIM ROV Abi. P. ula..R.C! N 99'50, E N 89•50' E /11TNITY EASEMENT EAISTIx 40v _ `� 10.9' 10.9 —� / V. 4333. P. 3072y4R.0 T. 0_u.C. F�5[uCNT S 39'OB' V ' — S_9_W V 140.7' 305 .� --LN b'IU'V E%6TIM0 ELECTRIC EASEMENT //' � 89.50' E 1035'\ 20A' C.Qr./ 02-W12E8b/ �25•T �i/�O~� CONSTRuiTION 1A11.1 TEXAS WOMAN'S UNIVERSITY V. St. P. 429; V. 182, P. 204; V. 216, P. 513; w� O.R.O.C.T. el ul C� I h1� 1/I CI x 50' CO13 EASEMENT I el ml nl NI W� — —,v Na %I. or•a' R. 5621 E. fa2 � Ra SIPSIY TEXAS WOMAN'S UNNERSM V. 81. P. 429; V. 182, P. 204; V. 276, P. 513; D.R.O.C.T. S .I.. 100 NOTES; I. bcai q 5y_Icn fakv,1=le¢rJdeed . 2. Immm-eii nd aham 5.5 wq b e I Qwfaaum 4.5m dfadrllsgdDewl[.1/aro CAW A iniLwmfa 19--m'layx cza-ed8 iniLA'YSS la f wyxay andndim caxrcd. Exhibit B— 1 narliaro/aoNc EXHIBIT %t .2' LEGAL DESCRIPTION for on Temporary Construction Easement out of the B.B.B. & C.R.R. SURVEYA. IRS Dentan, Denton County, Texas Being all that certain tract, parcel, or strip of land out of the B.B.B. & C.R.R. stfwrA-185, in the City of Denton, Denton County, Texas described by deeds recorded in Volume 81, Page 429, Volume 182, Page 104, and Volume 216, Page 513, Deed Records, Denton County, Texas and mom particularly described as follows: BEGINNING at a point for corner in a curve of the north right of way line of Oakland Avenue, from which a found iron bob for the centedine point -of curvature of said street bears S 88013'W, 114.5 feet THENCE., leaving said north fight -of way line, N 42°08' E, 183.1 feet to an angle point THENCE., N00°28'W, 194.1 feet to ananglopoint THENCE., N 17°09'E, 98..8 feet to an angle paint THENCE., N 00°4 & 332.0 feet to an angle point; THENCE., N 05°OB'W, 302.5 feet to an angle paint; THENCE., N23102'E, 161.1 feet to a poinNprcomerin the south line of an existing 0. 120 ac. u67ity easement THENCE.- N 89°50'E, along said south fine of a utility easement, 10.9 feet to a point for corner THENCE.• leaving said south fine, S 23°02'W, 162.9 feet to an angle point; THENCE.- S 05°08'4 53.0 feet to an angle point THENCE: N23002'f, 198.5feet to an anglepo/nt THENCE., N89'50'E 1035 feet to a point forcomer, THENCE, NOO°10'W,20.0 feet to a point for comerin thesouth 6ne ofsaideristing 0.120ac.utility easement THENCE., S89°50' W, along saidsouth line, 140.7feettoonanglepoint THENCE. S 59°Og'W, 30.5 feet to an anglepoint, THENCE. leavingsaldsouthline,S23°02'W, 192.7/set to an angle point THENCE., S 0501 PE, 256.9 fast to an angle point,• THENCE.- S 00045'W, 322.2 feet to an angle point, - THENCE., S 17009'W, 97.4 feet to an angle point" THENCE, S 00028'E, 182.3 feet to an mole paint,• THENCE., S 42008'W, 168.7 feet to a point for comer in the said north rght of way line of Oakland Avenue, said point being in a curve to the ngbi, having a delta of 08051'and a radius of 362.7 feet, and whose center bears S 19°51' W,- THENCE.• along said curve to the left and with said north Aght-o/ way line for an arc distance of 56.0 feet to the POINT of BEGINB surveyed byjohn naffjr. mis g1970 during the month of December 2002; See attached Survey Sketch jnj.HA009; S:\Survefforms\L-0055_TWU west const easement.doc "Dedicated to Quality Service" www. ci tyo fden to n. corn or less as U LVL( W p 0 63 N tD IN O N N ul O ul g O 0 b LO W-01 is 'T Nil mi. w.ol vis LU d x+n wi 'J/ YC'C99 ('1S9(3 V +C 59 Cl NN V C6."99 iZp hS+6 w w 15 v=tub66>WF9+6 u S oJlw n nP P xx I- zN cov +?Jri3�IU ew w w Ul I--' m •0 a lO a 1p J � ZQ ¢y��Nmo 0, No,4w J CY z 2 01 0/1 +t'L99 0 z 01 +LL V L4'Z59 Y J �`I II w o ' to o £U Uw B O S^ W H W I I W W } N _0I-Az, Z I NF c cU 0 z / 0 I r r w� l z� u I' D I gf W YW 1! w I�h 3 q a r I� w I m N d / 0 U y w Xd » ZN I � oW ¢ d _ Wz `y a� I L w O1 z I VI W ¢ J j-' ¢¢ U I Z � I� QQ7Ct am w o dp 0 1 99'999 pO 6+9 'tl 5 Y' 2135 tl o P + n [r9h9 I I u /%% > +�J N� {[9, NW azf A � zw Sa ZW ( � ti V LL'9Y9 { e Z S 6 2 0 n IZ 9 'v15 0/1 Y9'hS9 pO ? 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