HomeMy WebLinkAbout2002-406SAOur Documents\0rdinances\02\Shpard Homes Settlement Ord.doc
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO
EXECUTE A SETTLEMENT AGREEMENT WITH SHEPHERD PLACE HOMES
CONCERNING DRAINAGE AND STREET IMPROVEMENTS FOR THE BELLAIRE
NORTH ADDITION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, subsequent to final plat approval of the Development certain disputes have
arisen between the Developer and the City concerning certain drainage improvements and
adjacent street improvements including the relocation of Denton Municipal Electric ("DME")
utility facilities; and
WHEREAS, the City and Developer desire to compromise and settle these disputes;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
Settlement Agreement between the City of Denton and Shepherd Place Homes, Inc. to
compromise and settle certain disputes concerning drainage and street improvements for the
Bellaire North Addition, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 10#day of 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
SETTLEMENT AGREEMENT
This agreement is entered into as of the effective date set forth below by and between the
City of Denton, Texas (the "City") and Shepherd Place homes, Inc, (the "Developer").
WHEREAS, the Developer is the developer of that certain residential development
known as Bellaire North Addition, an addition to the City of Denton, Texas (the
"Development"); and
WHEREAS, subsequent to final plat approval of the Development certain disputes have
arisen between the Developer and the City concerning certain drainage improvements (the
"Drainage Improvements") and adjacent street improvements including the relocation of Denton
Municipal Electric ("DW") utility facilities (the "Street Improvements"); and
WHEREAS, City and Developer desire to compromise and settle these disputes;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, the City andDeveloper agree as follows:
1. The City has agreed to allow for certain modifications to the alignment
and width of the pavement for the adjacent streets, Mockingbird Lane and
Audra Lane (the "Street Realignments"). This results in a reduction of the
cost for relocation of DME utility facilities. In addition, in lieu of
constructing the Drainage Improvements which are within a City easement
along the back 15 feet of Lots 1-11, Block A of the Development, the City
and Developer have agreed that the Developer will pay the City the sum of
$40,000.00 as its proportional share of the Drainage Improvements (the
"Proportional Share'), If the Drainage Improvements are not constructed
within five years from the date of this agreement the City will refund the
Proportional Share to the Developer. The Developer understands that no
fencing in or filling of the drainage easement will be allowed.
2, The City shall abandon 0 feet of the easement along the back 15 feet of
Lots 1-11, Block A of e Development. The Storm Sewer system shall
be installed within the City's dr ina e e along the northern
property line,
3. The City will file the abandonment for the rMnage Easement 10 feet of
the easement along the back 15 feet of Lots 1-11, Block A of the
Development.
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4. As a result of the Street Realignments and the City's acceptance of
payment of the proportional Share in lieu of constructing the Drainage
Improvements, Developer hereby releases the City, its employees, officers
and representatives from any and all claims, actions and causes of action
arising out of the construction of the Street Improvements, including the
DME utility relocations and Drainage Improvements including the
requirement of paying the Proportional Share. This releases any claims
the Developer may have that the Street Improvements (including the DME
utility relocations) or Proportional Share do not meet the nexus and rough
proportionality requirements of Town of Plower Mound v. Stafford Estates
Limited .Partnership and Dolan v. City of 17gard. The Developer also
releases and indemnifies the City from and against any and all claims,
actions or causes of action within the scope of the above release that may
be asserted by any individual or entity that is affiliated with the Developer
in anyway whatsoever.
Signed to be effective the=day of November, 2002
ACXNOW'LEDGMLNTS
I This instrument was executed this the44 day of November, 2002 by Robbie Dale, the
WwUeW of Shepherd Place Place Homes, Inc. on behalf of said corporation.
VeE�iaE,�
CINDY JONES
NOTARY PUBLIC NotarWPL94Cc in and for the State of Texas
State of Texas
Comm. Exp. 03-27-2006
a
page,.2'' .
Notary Public in and for the State of Texas
log afflml-
This instrument was executed this the — day of iionwAmp, 2002 by
/1iAWel -, 6DLzq <the Q of the City of Denton, Texas. on behalf of said
city,
ffJANE E. RICHARDSONNotaN Public, State of TexasMy Commission Expires Juna 27, 2005
Notary Public in and for the State of Texas
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