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Home My WebLink About2002-351ORDINANCE NO. AaDa'95-1 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 IN CONJUNCTION WITH THE WIDENING OF U.S. 380; 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 conjunction with the widening of U.S. 380 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 th ATTEST: JENNIFER WALTERS, CITY SECRETARY KOVED"AS TO LEGAL FORM: I 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 in conjunction with the widening of U.S. 380 (the "Project") as it affects the TWU golf course, pursuant to §791.028 of the Texas Government Code; and WHEREAS, TWU has previously granted to the City a utility easement dated August 17, 1967, and recorded in the Deed Records of Denton County under Volume 555, Page 363 (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-1" and "B-l" attached hereto and made a part hereof by reference (the "Replacement Easement") to replace a portion of the Existing Easement as more particularly described in Exhibits "A-5" and "B-5" attached hereto and made a part here of by reference. (the "Easement Abandonment") which will lessen the impact the utility facilities will have on the proposed greens for TWU's golf course; and WHEREAS, the Project also necessitates the City's acquisition of additional City of Denton utility easements as more particularly described in Exhibits "A-2", "B-2", "A-3", "B-3", "A-4" and "134' attached hereto and made a part hereof by reference ("Exchange Easement 2,3 and 4" respectively) attached hereto and made a part hereof by reference (the Replacement Easement, Exchange Easement 2, Exchange Easement 3, Exchange Easement 4, 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 ply; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and TWU hereby agree as follows: On or before 12002 a. TWU shall deliver the fully executed non-exclusive Exchange Easements to the City; and b. City shall deliver to TWU a certified copy of a City ordinance abandoning a portion of the Existing Easement (the "Abandonment Ordinance") 2. As additional consideration, and as a part of the Project; a. The City shall provide a casing upsize to accommodate not only the proposed City of Denton utility installation, but also three 4" poly pipe conduits (495 I.f.) and stainless steel spacer upgrade as shown on plan sheet 25 (Exhibit "C"). The conduits shall be reserved for TWU's use at their discretion. b. The City shall provide a casing upsize to accommodate not only the proposed City of Denton utility installation, but also one 4" poly pipe crossing (1351.f.) and stainless steel spacer upgrade as shown on plan sheet 9 (Exhibit "D"). The conduit shall be reserved for TWU's use at their discretion. C. TWU shall erect temporary fencing at such locations as to limit the Project contractor's equipment path and working area (generally 20' wide easement + 20' . wide working area) as more particularly described in Exhibit "A-6" attached hereto and made a part hereof by reference (the "Temporary Construction Easement"), within the TWU Golf Course area. d. The City shall cause the Project contractor after installation of the sewer and water 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 except that area within the Golf Course where TWU will be responsible for restoration of the grass. The City will use its best efforts to minimally interrupt play at the 8'" golf green. e. 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. C:\Do cnts and SetUnpMoyd\L. 1 Settings\Temporary hnemet Files\OLK4171TWU htlerlo l Agreement-TzDot Wideningl.do Page 2 the �In ltness Where f, this eement has been executed by the parties to be effective this day of LLYA 2002. CITY OF DENTON I1 . t1 ►N.....'_ a Ail 1WALTERS CITY SECRETARY 1 � APPROVED AS TO LEGAL FORM: BERBERT DUTY, QITY ATTORNEY m TEXAS WOMAN'S UNIVERSITY BY: i�� DR. BRENDA FLOYD, VICE FlkE§MENT FINANCE AND ADMINISTRATION APPROVED AS TO FORM IM CADoc wts and Set[ings%floydg-oml Settings\Temporary hAemet Files\0LK4MTWU hawlocal Agreement-TxDot Wideningl.doc Page 3 5`304 011247 EASEMENT 049IL44 THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Texas Woman's University (Grantors) of Denton County, Texas, in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) 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 the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Grantors and situated in Denton County, Texas, in the B.B.B. & C.R.R. Survey, Abstract No. 185 & the Wm. Crenshaw Survey, Abstract No. 318 & the N.H. Meisenheimer Survey, Abstract No. 811. SEE ATTACHED EXHIBITS"A-1","A-2","A-3","A-4","B-1","B-2", & "B-311, 11B-4" FOR EASEMENT DESCRIPTIONS & ILLUSTRATIONS SEE ATTACHED EXHIBIT "A-6"-FOR TEMPORARY CONSTRUCTION EASEMENT ILLUSTRATION 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 may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining city utilities, in, along, 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 making additions to, improvements on and repairs to said facilities or any part 5,304 0I1248, thereof. Upon conclusion of the initial construction, the temporary construction easement shall terminate. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand, this th4-�Cday of (9eG 2002. Texas Woman's University By:_ A� LI%74� Dr. Brenda Floyd Vice President Finance 6 Administration ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § ThAs instrument was acknowledged before me on this the 8 day of , 2002 by Dr. Brenda Floyd. Notary Public; in and for the State My Commission Expires • as -D cj ? ."• %-; SUSAN G. TESTA ?`i - Notary Public, State of Texas My Commission Expires 22, 2005 Accepted this the At, day of ,2002 for the City of Denton, Texas (Resolution No. 91-073). BY: U�/ A Paul Williamson 5304 0.1.2491 CgQs IVf3! 34'0a" N - 20.04' r �i, Uti'7 1 II � I� O 113Chh4,1• a NOfb I I U O 1 ;0� i r i ;% _}—}— w tD a m � ai �• � n � D I Q 5304 011251 EXHIBIT "B-1" LEGAL DESCRIPTION fora 20 foot wide Utility easement out of Wm. CRENSHAW SURVEYA-138 and the B.B.B. & C. RR SURVEYA-185 Denton, Denton County, Texas BEING all that certain tract parcel or strip of land out of B.B.B. & C. RR. Survey A-185 and the Wm. CRENSHAW SURVEY, A-318 in the City of Denton, Denton County, Texas as described by deeds recorded in Volume 328, Page 153 and Volume 256, Page 152 Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at a point for corner in the southeast right-of-way fine of U.S Highway 380 /East University Drivel that is 350.6 feet, S73° 20' W from a concrete monument found for the point of tangent of the southeast right -of way fine and 255.5 feet, Al 77°47' E from a concrete monument found for the point of curve of the same southeast right-of-way line; THENCE.- with the said fight -of -way curve to the left; central angle of 0 °35'15' a radius of 3902.61 feet and whose center bears N14°05'06" W,- an arc distance of 40.02 feet to a point for corner,- from which a found iron rod with a Texas Department of Transportation fTXOOT/ cap bears N15' 17' W, 0.3 feet; - THENCE.- with the west fine of a drainage easement, S150 1657" E, 50.13 feet to an iron rod found for coiner with a TXDOT cap, THENCE: S74 °3543" W, 22.51 feet to a point for corner THENCE.- S70 °33'19" W, 285.70 feet to a point for an angle point; THENCE.- S29 °44'10" W, 47.73 feet to a point for an angle point; THENCE.- SOl 022 25" E, 241.96 feet to a point for corner in the center of an easement described by deed recorded fn Volume 555, Page 363, Deed Records, of Denton County, Texas, THENCE: with the said easement, N870 34' W,.20.04 feet to a point for a corner; THENCE: leaving the said center line, AID °22 25" W, 246.20 feet to a point for an angle point,• THENCE: N29 °44'10"E, 49.92 feet to a point for an angle point; THENCE.- N10033119"E, 283.48 feet to a point for an angle point; THENCE.- N15016'57" W, 41.05 feet to the Place of Beginning and containing 0.309 acres of land more of /ess. 1 / I See Attached Exhibit A- jnjS-0001/ "Dedicated to Quality Service" rurow.cityofdentoracom 5304 10T252 \ 0 ^' d \ �OIpC r e QW=.L CGk SI'�n O� f' 'I �l University Drive Q1.Ha�.1'G lI—Lrt-Ry'-Ul.a \j LC64 /yCC PSPN LG1. _ ,g -Oily" W-19.9., t� Dc .� NoreS: I bca w 5yalcn (den Iron rccod dad 2.Inprovrs.c%nol --hC'M 5. 5twey /� nonlrae fcra6k 4.5esdl1%cdLcgd Dcxrlyltoro P,Mbd h EXHIBIT "A-2" r/ -" 5wvcy 5kdch for Pcmaw d 011 dy faxrrtd ovf o/ the r indlI a D, D s G Pp, .5ulvry A -18!5 Univeislfy Drive a 19e// Ave, I Ocnton, Ocnion Gounly, -raaS he oregoing sketch and legal descrlptTon were prepared rc on Oro survey made on the ground 5304 OT253 EXHIBIT "B-2" LEGAL DESCRIPTION for a Utility Easement out of the B.B.B. & C. RR SURVEYA-185 Denton, Denton County, Texas BEING all that certain tract, parcel or strip of land out of B.B.B. & C. R.R. Survey A-185 in the City of Denton, Denton County, Texas according to the tract described by deed recorded in Volume 256, Page 152 Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at an X' cut for a corner in the east right-of-way of BELL AVENUE at the intersection of the southeast corner clip for fast University Drive; THENCE.- with the said right -of way coiner dip, N45°32'07" E, 37.43 feet to a iron rod with an aluminum disk marked TEXAS DEPARTMENT OF TRANSPORTATION,- THENCE.- continuing with the south right-of-way of East University Drive, N890 23'07" f, 8.52 feet to a point for a corner,• THENCE.- leaving the said right -of way line, SO 13972" W, 19.93 feet to a point for corner THENCE: S45°32'07" W, 49.46 feet to a point for corner in the east right-of-way of Bell Avenue; THENCE, with the said east right-of-way line, N0030'12" E, 28.27 feet to the Place of Beginning and containing 953 square feet of land more or less. (see attached Exhibit B- jnj.L-0007) "Dedicated to Quality Service" wwwcityofdenton. cmn EXHIBIT "A-3" It 5 FOOT PUBLIC UTILITY EASEMENT (THE STATE OF TEXAS TRACT) _. TRACT TWO STEVEN J. KLIR VOL. 2742, PG. 379 D.R.D.C.T. N00'14'06"E 5. �� l• A •.��'� 50 0 50 SCALE FEET 1 "= 50, in STATE OF TEXAS I FIRST TRACT VOL. 342, PG. 346 m BLANCHE GI NING$ D. R. D. C. T. G. 295 D.R.D.C.T. 0.398 Acres PROPOSED 5' PUBLIC UTILITY EASEMENT 0.011 Acres POINT OF BEGINNING Notes: UNIVERSITY DRIVE (U.S. 1. Basis of Bearings is the north line of University (90 riGh;—of—w0y) Drive (U.S. Hwy 380) according to TXDOT Plans of Proposed Right —of —Way Project No. 0135- 10-041 and as monumented on the ground. 2. Property subject to easements of record. 3. Surveyor did not abstract the property. I:\CADD\SURVEY\01\2001033-50\20a1033-EXHISIT.DWG TR4 TAN ram 1� DUNAWAY ASSOCIATES, Inc aj ,•Np iu�.rf •51�`'A� ENGINEERS — PLANNERS — SURVEYORS \ 1501 YERRt11AC CIRCLE. SUITE 100 "^•••• ......... �\`'� FORT WORTH, TEXAS 76107 JOHN N. CORDLE Cy 1 PH.(817)335-1121 UMO(817)429-2135 ,Z"•!••••••........ 1... i /o 0 FAX(817)335-7437 1u r Zi c > Q= S00'15'05"W 5.00' N 89'36'48• w 568,76' C] " POINT OF nLUMINUM COMMENC NG I WY MON (CONTROL MONUMENT) H W Y 3 8' D) m yyv: v r - s jr,.r wr JOHN N. CORDLE ERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 2026 MAY 31, 2001 EXHIBIT SHOWING A 5 FOOT PUBLIC UTILITY EASEMENT SITUATED IN THE N.H. MEISENHEIMER SURVEY ABSTRACT NO. 811, CITY OF DENTON, DENTON COUNTY, TEXAS DAI JOB NO. 2001033-50 5304 01T255 EXHIBIT "B-3" LEGAL DESCRIPTION 5' PUBLIC UTILITY EASEMENT (The State of Texas Tract) BEING a tract of land situated in the N.H. Meisenheimer Survey, Abstract Number 811, City of Denton, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 342, Page 346, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a Texas Department of Transportation aluminum highway monument found at the intersection of the north right-of-way line (80' right-of-way) of University Drive (US Hwy. 380) and the west right-of-way line of Bell Avenue (100' right-of-way); THENCE N 89036'48" W, with said north right-of-way line, a distance of 568.76 feet to a point in the east line of said State of Texas tract for the POINT OF BEGINNING; THENCE N 89036'48" W, continuing with said north right-of-way line, a distance of 94.50 feet to a point for corner in the west line of said State of Texas tract; THENCE N 00014'06" E, along the west line of said State of Texas tract, a distance of 5.00 feet to a point for corner; THENCE S 89036'48" E, departing the west line of said State of Texas tract and being parallel to and 5 feet perpendicular distance from the said north line of University Drive, a distance of 94.50 feet to a point for corner in the east line of said State of Texas tract; THENCE S 00015'05" W, along the east line of said State of Texas tract; a distance of 5.00 feet to the POINT OF BEGINNING and containing 473 square feet or 0.011 acres of land. Jo n N. Cordle r� LS No. 2026 �1 N. CIDR ,... Dunaway Associates, Inc. �'•,:r,„; Job No. 2001033.50 9ti0 8UF 1� May 31, 2001 NOTE: Basis of Bearings is the north line of University Dr. (U.S. Hwy 380) according to TxDOT Plans of Proposed Right -of -Way Project No. 0135-10-041 and as monumented on the ground. Property is subject to easements of record. Surveyor did not abstract the property. A plat of even survey date herewith accompanies this legal description. \\S VFW 01\Cadd\Survey\01\2001033-50\esmt4lgl.doc 15 3,304 01256 j p App\110N *10\11 zoe,PRo�S' BLOCKD 05 A. 14 ID i WOODLAND DRIVE \ V 28.50' N45'20'E i .!�.�. 520.90' ----- 6832' �545°201W j i 94.95' \ \ O Volume 328, Page 153, D.R.D.C.T. \ \ bOW cRENSA3 BSpRVEY �\ \� 00 \ U0 00 TIaTY EnSEUENT �\\ \ O 0.193b Acs. \ \ O Trees (� \ lJ 1596'0440"W 2030' .0 E:V- W NOTES: ;. bmGq 9yakn /4rn /im r¢wd daA. 2. lrpwfizrl3 ml >lewn 3.5�wry i�nwrlraelo�lc �`Ul e.s�dl�d�do�d;�edaadg '-' EXHIBIT -A-4- �3�0 4 Q ll 2 58 EXHIBIT .""B-4" Legal Description for a Utility Easement out of the W. CRENSHAW SURVEYA-318 Denton, Denton County, Texas Being all that certain tract, parcel, or strip of land out of the W. CRENSHAW SURVEYA-318 in the City of Denton, Texas as described by deed recorded in Volume 328, Page 153, Deed Records, Denton County, Texas and being more particularly described as follows: COMMENCING at a found 112" square tube for the southeast corner of Eot 9,"Block D, BROWNWOOD ADDITION, as recorded in Cab. A, Slide 298, Plat Records, Denton County, Texas, said corner being in the north right-of-way line of Woodland Street; THENCE,- S 00°05'49"E, 50.00 feet to a point in the south right-of-way line of said Woodland Street, - THENCE,• S 89'54'11 "W, almg said south line, 520.70 feet to the POINT OF BEGINNING; THENCE, • leaving said north line, S 45*20' W, 74.75 feet toan angle point, THENCE,- S 23 °5143 , 322.33 feet to a point for corner, said point being in the proposed north right-of-way fine for U.S. Hwy. 380,- THENCE,- S 76 °04'40" W almg said north line, 20.30 feet to a point for corner, THENCE,- leaving said north fine, N 23 °51 '43" W, 33263 feet to an angle point,, THENCE, N 45°20'E, 68.24 feet to a point for corner, said point being the south right-of-way line of Woodland Street,- THENCE,- N 89'54'11 Y along said south right-of-way line, 28.50 feet to the POINT OF BEGINNING and CONTAINING 0.1832 acres of land more or less as surveyed by John pall jr. rpls N 197D during the month of July 2002. See attached Survey Sketch jni..S-0006 "Dedicated to Quality Service" www.cityofdentoii.com EXHIBIT „A_ 6„ 53`04 .0T25.9, 3g0t \ r / 20' WIDE TEMPORARY CONSTRUCTION EASEMENT o 1 i 20' WIDE TEMPORARY CONSTRUCTIOP EASEMENT 1 5H Q11260.' 4 AN}pg0Y1510NM upqqqp,�IjjCH REST RCTS THE SAIERENTA�L ORDSE THEDESCf31�j,a�;y`eUdDEPfF ER4 OF OAw0�OR OP RAGES I IN' ��p ANP NL THE ciMF, (H<<ia�� se ence on CONN.•o ht{tldN Dmtne F'IeN yE0cOg0ED.in tna. In eeY caHN qap�„; iNeIPoN'enl MzS_��clBndwe•Hetl OXinal PuOhc Ro.o+ h .•+eson m e tlale antl � n � m n:.tln M.a..ry e, n•..... c=. oa APR 3 2003 C", -Cp17ryTV CLER DENTON OO�TY' TEAS DENTSN MNWGc l in: CYNTHIA MITCHEL, COUNTY CLERK On Apr 03 2003 At 11:16am Receipt #: 19493 Recording: 29.00 Doc/Mgmt : 6.00 Doc/Num : 2003-R0049144 Doc/Type • EAS Deputy -ERIN City of Denton Engineering Department City Hall East 601 E. Hickory, Suite B Denton, Texas 76205 Attention: Paul Williamson