HomeMy WebLinkAbout2002-378ORDINANCE NO. ,2?U,O,2_ 378
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON STATE SCHOOL,
ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF MENTAL HEALTH AND
MENTAL RETARDATION FOR THE ACQUISITION OF EASEMENTS AND WATER TANK
SITE AND THE INSTALLATION OF A REUSE WATER IRRIGATION SYSTEM; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Denton (the "City") and Denton State School, acting by and through
the Texas Department of Mental Health and Mental Retardation (the "State") desire to enter into an
Interlocal Agreement for the City's acquisition of easements and a water tank site on the State's
property and to provide for the installation of a reuse water irrigation system, a copy of which is
attached hereto and made a part hereof (the "Agreement"); and
WHEREAS, the City Council finds that the Agreement is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement,
including the expenditure of funds as provided in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2002.
C�1)2,6V'�
EULINE BROCK, MAYOR
ATTEST:
WALTERS, QITY SECRETARY
APPROVED AS TO LEG RM:
HERBERT L. PR tTY Y ATTORNEY
IM
INTERLOCAL AGREEMENT
BETWEEN
CITY OF DENTON AND DENTON STATE SCHOOL
THIS AGREEMENT is made and entered into as of the effective date provided below by
and between the City of Denton, Texas, a Texas Home Rule Municipal Corporation (the "City")
and the Denton State School, acting by and through the Texas Department of Mental Health and
Mental Retardation (the "State").
WHEREAS, the City and State are entering into to this Agreement pursuant to the
Interlocal Cooperation Act, being Chapter 791 of the Goverment Code (the "Act"); and
WHEREAS, the governmental functions or services provided for in this Agreement are
functions or services each party is authorized to perform individually; and
WHEREAS, each party paying for the performance of governmental functions or services
under this Agreement shall make such payments from current revenues available to the paying
party and such amounts will fairly compensate the performing party for the services or functions
performed under this Agreement; and
WHEREAS, the State is the owner and operator of the Denton State School which is
located on certain real property in Denton County, Texas (the "State School Property"); and
WHEREAS, the City and the State by separate agreement are entering into a Beneficial
Reuse Water Contract a copy of which is attached hereto and made a part hereof as Attachment
"A" (the "Reuse Water Contract") whereby the State will purchase from the City treated
wastewater effluent ("Reuse Water") for irrigation purposes at the State School Property; and
WHEREAS, the State is the owner of an elevated water storage tank (the "Water Tank").
which is located on the State School Property (the "Water Tank Site") as described and shown in
Exhibits "A" and `B" of that certain water easement which is attached hereto and made a part
hereof as Attachment `B (the "Water Easement"); and
WHEREAS, the City is in need of the Water Easement and also that certain Public Utility
Easement which is attached hereto and made a part hereof as Attachment "C" (the "Public Utility
Easement") (collectively called the "Easements") to provide services under the Reuse Water
Contract and to fulfill other public purposes; and
WHEREAS, the State is need of the installation of an irrigation system on its property to
utilize the reuse water for irrigation purposes (the "Irrigation System");
NOW THEREFORE, for and in consideration of the terms and conditions contained herein_
the City and State agree as follows: AAl�i/ ��U�gV,�J,/
Dec, 3 I #&
Subject to the terms and conditions provided herein, on or before4upie-20, 2002, or on such
other date that is mutually agreed in writing by the parties (the "Closing Date"), such closing to
be held at the office of Texas Title Company, Attention: Stacie Holbert (the "Title Company)
the parties shall consummate this Agreement as follows:
a. The State shall grant and deliver the Easements to the City free and clear of all liens and
ecumbrances. If the Easements cannot be granted free and clear of all liens and encumbrances
then the City at its option may terminate this Contract, in which case it shall have no further
force or effect.
b. The parties shall execute the Reuse Water Contract.
c. The City shall pay the sum of $44,000.00 into escrow (the "Escrow") with the Title
Company to be held in a federally insured interest bearing account and distributed as provided in
Article II below.
d. The State shall execute and deliver to the City a written right -of -entry authorizing the
City and the Landscape Firm, and their employees and agents to enter upon the State's property
to design and construct the Landscape System.
II.
The City and Title Company are authorized to accept delivery of the Easements and record
them at Closing notwithstanding the Escrow. The Escrow shall be utilized for the purpose of
designing and constructing the Irrigation System. The design shall meet the State's
specifications and shall be designed and constructed to meet City and TNRCC standards for
reuse water irrigation systems. The City, with the consent of the State, shall select and contract
with a landscape firm (the "Landscape Firm") to design and construct the Irrigation System (the
"Landscape Contract"). The Landscape Contract shall provide for performance and payment
bonds as required by law and shall contain the City's standard insurance requirements with the
City and State named as additional insureds. The total cost of the Irrigation System shall not
exceed the amount of the Escrow unless the parties agree to an increase in writing. In the event
of an increase the State shall immediately pay the City the increased amount. Upon the
completion of the Irrigation System the Title Company shall pay the Escrow over to the City for
payment to the Landscape Firm upon receipt of a written certification from the City and State
that the Irrigation system is completed ("Completion Certification"). At time of completion the
City shall assign the Landscape Contract and any warranties to the State. If any of the Escrow
funds, including interest earned, remain unexpended upon completion of the Irrigation System,
as evidenced by the Completion Certification, then all such remaining funds shall be remitted to
the State at the following address: TDMHMR Attn: Cashier P.O. Box 12688 Austin, Texas
PAGE 2
78711. The City will provide the State with support, guidance and consultation upon request and
as needed to assure that the State is aware of and educated about the safe operation of the reuse
water irrigation system and pertinent TNRCC regulations.
If State fails to fully and timely perform any of its obligations under this Contract or fails
to consummate the sale of the Easement for any reason, except City's default, City may enforce
specific performance of this Contract as its sole remedy under this Contract. In the event City
fails to consummate the purchase of the Easements or fully and timely perform its obligations
under this Contract, if State is not in default under this Contract, State will have the right to
enforce specific performance of this Contract as its sole remedy under this Contract.
IV.
If the City permanently discontinues use of the Water Tank it shall remove the Water
Tank from the Water Tank Site. State represents and warrants that the City shall have a right of
ingress and egress between the Water Tank Site and State School Road. The current access drive
is sufficient for such purpose (the "Current Access Drive"). Should the Current Access Drive be
closed, Seller shall provide an alternate access drive that is equal to or better than the Current
Access Drive. In accessing the Easements, the City and its contractors will observe the State's
safety rules which are designed to provide safety to the School's residents and staff. The
pipeline to be installed at the School entrance will be bored so as to avoid damage to the entrance
sign and surrounding trees.
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1. Assignment of Contract. This Contract cannot be assigned without the prior written
consent of the other parry.
2. Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated hereby shall survive the closing
and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath
the signature of the party.
4. Texas Law to Apply. This Contract shall be construed under and in accordance with the
laws of the State of Texas, and all obligations of the parties created hereunder are performable in
Denton County, Texas.
5. Parties Bound. This Contract shall be binding upon and inure to the benefit of the
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parties and their respective successors and assigns.
6. Legal Construction. In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been
contained herein.
7. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of
the parties and supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Contract.
9. Gender. Words of any gender used in this Contract shall be held and construed to
include any other gender, and words in the singular number shall be held to include the plural,
and vice versa, unless the context requires otherwise.
10. Effective Date. The term "Effective Date" means the latter of the dates on which this
Contract is signed by either the City or the State, as indicated by their signature below.
11. Expiration Date. Unless otherwise extended in writing by mutual consent of both
parties, this Agreement shall expire on the twenty first anniversary of the Effective Date.
IN WITNESS WHEREOF, City and State have executed this Contract as of the Effective Date:
ATTEST:
WALTERS,
IEM
I,
ATTORNEY
PAGE
• ` • //
/ ✓vi✓/� l
215 E. McKinney
Denton, Texas 76201
APPROVED S TO FORM
BY: .
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
BY:
Karen F. Hale
Commissioner
PAGE 5
ATTACHMENT A
THE STATE OF TEXAS §
COUNTY OF DENTON §
BENEFICIAL REUSE WATER CONTRACT
THIS CONTRACT for beneficial reuse of water is made and entered into on this the
day of 2002, by and between the CITY OF DENTON, TEXAS, a
Texas Municipal Corporation, 215 East McKinney Street, Denton, Texas 76201 (hereafter "CITY");
and the DENTON STATE SCHOOL, acting by and through the Texas Department of Mental Health
and Mental Retardation, of P.O. Box 368, Denton, Texas 76202 (hereafter "PURCHASER").
WITNESSETH
WHEREAS, the PURCHASER has identified a use for treated wastewater effluent, for
beneficial reuse, hereinafter sometimes alternatively referred to as the "reclaimed water," or "reuse
water" in order to maintain its general landscaping at the Denton State School in Denton, Texas and
to be a more viable and cost-effective alternative than purchasing potable irrigation water; and
WHEREAS, the City of Denton, Texas, through its Pecan Creek Water Reclamation Plant,
expects to be able to supply to the PURCHASER treated wastewater effluent, for the purpose of its
reuse; and
WHEREAS, in connection with this Wastewater Effluent Transmission Line Project
("Project") the CITY shall construct a transmission line for the purpose of serving several entities
with treated wastewater effluent, which line extends by and is contiguous to the Denton State School
property, with its South terminus at the Oakmont Country Club in Corinth, Texas; and
WHEREAS, this Project generally involves a water -recycling project, and the quality of
effluent produced from the Pecan Creek Water Reclamation Plant presently meets the highest
standard for effluent reuse (Type I); and
WHEREAS, because this Contract involves the sale of treated wastewater effluent, as
distinguished from treated potable water suitable for human consumption, the ordinances of the City
of Denton, Texas concerning potable water rates do not apply to this Contract; and
WHEREAS, the Texas Natural Resource Conservation Commission (hereafter "TNRCC")
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has adopted the 30 TAC Chapter 210 Rules which regulate the use of reclaimed water, and
WHEREAS, the City of Denton, Texas has incorporated the 30 TAC Chapter 210 Rules in the
"Beneficial Reuse Water User's Handbook;" and
WHEREAS, on the 20"' day of December, 2000, PURCHASER and the CITY entered into a
"Letter of Subscription and Commitment" ("Commitment Letter") providing for PURCHASER'S
purchase of treated wastewater effluent from the CITY; specifying a monthly base payment, as in a
"take or pay" agreement utilized in the water industry, plus a volume rate per thousand gallons of
treated wastewater effluent, over a certain usage level; the Commitment Letter further provided for
delivery of the treated wastewater effluent by the CITY to the PURCHASER'S individual meter
point; made the delivery of treated wastewater effluent not subject to rationing; and provided for the
PURCHASER to increase its minimum monthly base amount of treated wastewater effluent in order
to meet its increased needs; and other relevant provisidns; and
WHEREAS, PURCHASER and CITY have entered into that certain Interlocal Agreement
providing for utility easements, a water tank site and the installation of a reuse water irrigation
system on PURCHASER's property (the "Interlocal Agreement"); and
NOW THEREFORE, for and in consideration of the terms and conditions contained herein;
the promises and covenants made herein; the terms and provisions of the Letter of Subscription and
Commitment hereinabove referred to, and the consideration paid and to be paid by the TEXAS
DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, the owner of the
described Property, hereafter called "PURCHASER", to the City of Denton, Texas, hereafter called
"CITY", the parties do hereby CONTRACT and AGREE as follows:
ARTICLE I.
PURCHASE, TRANSPORTATION AND DELIVERY OF REUSE WATER
§ 1.1 OBLIGATIONS. Purchaser has previously signed a Letter of Commitment and Intent
(hereafter the "Commitment Letter') attached hereto and incorporated herewith by reference as
Exhibit "A". The Letter provides that the PURCHASER will purchase reuse water from the CITY.
PURCHASER hereby agrees to take and pay for the quantity of reuse water that PURCHASER has
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made a commitment per the Letter, for the purpose of on -site irrigation of the property owned or used
by PURCHASER at the point of delivery hereinafter described in Exhibit `B, ' attached hereto and
incorporated herewith by reference. If the PURCHASER at any time during the term of this Contract
needs, and can beneficially use reuse water in excess of the volume of re -use water set forth in Exhibit
"A", PURCHASER may request an additional supply of reuse water, which shall be made available
by CITY, in good faith, subject however, to product availability and transmission considerations.
§1.2 DELIVERY OF REUSE.WATER. CITY agrees to deliver, under the limitations and
conditions hereafter set forth in this Contract, the reuse water which PURCHASER needs on a
continuous basis at the delivery/individual meter point shown on Exhibit `B" attached hereto.
PURCHASER shall be responsible for construction and maintenance of all distribution lines from the
existing CITY reuse lines. PURCHASER shall pay 41 associated costs for tapping fees, meters,
batching stations, and any other costs incurred by the CITY to provide the reuse water to the
PURCHASER. Each treated wastewater effluent customer of the CITY along the Project, shall have
its own reinforced concrete buried meter station. Title to, possession, and control of the reuse water
shall remain with the CITY until it passes through the PURCHASER'S meter and control valve at the
point or points of delivery as herein described; where title to, possession, and control of the reuse
water shall pass from the CITY to the PURCHASER. The CITY does not guarantee its ability to
furnish any reuse water supplied under this Contract at any particular pressure, but rather the pressure
delivered shall be such pressure as the CITY'S system will render at the PURCHASER'S point of
delivery.
§ 1.3 NO RATIONING OF WATER. The treated wastewater effluent sold by the CITY to
the PURCHASER shall not be subject to rationing during any period of drought, or during any period
of time that the use of potable water is curtailed or otherwise restricted pursuant to any drought
contingency plan, then in force and effect.
ARTICLE II.
QUALITY AND USE OF REUSE WATER
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§2.1 QUALITY OF REUSE WATER. The quality of the reuse water to be supplied by CITY to
PURCHASER under this Contract shall meet the quality requirements established in 30 TAC Chapter
210 for "Type I," as they may be amended from time -to -time, which quality requirements are
currently as shown below:
BOD5 or CBOD5 5mg/L
Turbidity 3 NTU
Fecal Coliform 20 CFU/100 ml*
Fecal Coliform 75 CFU/100 ml**
* Geometric mean
** Single grab sample (not to exceed)
The CITY shall perform required sampling and analysis on the reuse water as prescribed by
applicable regulatory agencies. '
§2.2 USE OF REUSE WATER BY PURCHASER. PURCHASER SHALL USE THE WATER
RECEIVED BY AND UNDER THIS CONTRACT FOR ON -SITE IRRIGATION PURPOSES
ONLY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF 30 TAC CHAPTER 210.22,
210.23 AND 210.24. "On -site irrigation" refers to the use of water for maintenance and
beautification of the landscaping and facilities of the PURCHASER. THE REUSE WATER
SUPPLIED UNDER THIS CONTRACT IS NOT SUITABLE FOR HUMAN CONSUMPTION
AND SHALL NOT BE USED BY PURCHASER OR ANY THIRD PARTY FOR ORDINARY
DOMESTIC USE. PURCHASER shall take all necessary precautions to prevent consumption of the
subject reuse water by its employees or other persons, including the posting of warning signs in both
English and Spanish, in large and conspicuous printed letters at least four (4") inches high, at all
places where employees or other persons are likely to have access to the reuse water. The actual
establishment, maintenance, and enforcement of such safety precautions shall be under the exclusive
dominion and control of PURCHASER. PURCHASER assumes full legal responsibility for any and
all damages resulting from human consumption of the subject reuse water after it reaches the
PURCHASER'S point ofdelivery. PROVIDED HOWEVER, PURCHASER does not hereby waive
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any defense that may be available under the laws and the Constitution of the State of Texas, or
otherwise, in the event of any suit or action brought against it by any third -party for damages.
§2.3 USE OF REUSE WATER BY THIRD PARTIES. PURCHASER shall not sell, trade,
exchange, donate, or otherwise transfer the reuse water provided by this Contract to any third party,
and shall not permit or allow the reuse water to be used in any manner by any third parties.
§2.4 COMMINGLING OF REUSE WATER. PURCHASER shall construct or cause to be
constricted supply lines such that it is not possible for any reuse water supplied to PURCHASER
under this Contract from PURCHASER to re-enter any potable water system. However, this shall not
prevent the commingling in water storage facilities of PURCHASER'S reuse water with other water
obtained by PURCHASER from another system or' source for irrigation purposes. All such
commingling shall be subject, however, to applicable City of Denton regulations and ordinances, or
those of other governmental agencies governing the use of reuse water.
§2.5 DISCHARGE OF REUSE WATER PURCHASER shall not cause or permit the
discharge of reuse water off -site, either airborne or by surface nmoff, unless permitted by the
TNRCC.
§2.6 EXCESS AMOUNTS OF REUSE WATER Excess reuse water, if any, must be returned
by PURCHASER to the CITY's waste collection system.
§2.7 DRIFT OR SPRAY OF REUSE WATER PURCHASER shall not use reuse water in any
manner where the result would be any drift or spray to areas where the general public would be
exposed.
§2.8 WET GRASS CONDITIONS. PURCHASER shall apply reuse water in such manner as
to minimize wet grass conditions in unrestricted landscaped areas during the periods that the area
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should be in use.
§2.9 EFFECT ON GROUND WATER. PURCHASER shall utilize reuse water in a manner
that does not threaten or adversely affect ground water.
§2.10 CONDITION OF SOIL. PURCHASER shall not apply any reuse water to the ground
when the ground is either saturated or frozen.
§2.11 NUISANCE. PURCHASER shall be solely responsible for the prompt clean-up of any
nuisance conditions that exist on PURCHASER'S real property, which result from storage or the use
of reuse water received from the CITY.
§2.12 BENEFICIAL REUSE WATER USERS' HANDBOOK. PURCHASER confirms its
receipt of the "Beneficial Reuse Water Users' Handbook" (hereafter the "Handbook") published by
the City of Denton, Wastewater Utilities, and which Handbook was approved by the City of Denton
Public Utilities Board on the 7°i day of January, 2002. The CITY confirms that it will promptly issue
PURCHASER a copy of any new or amended Handbook that it may issue in the future.
PURCHASER is frilly responsible for knowing the contents of the Handbook and fully complying
with it.
§2.13 RESPONSIBILITY OF THE PARTIES. CITY shall not be responsible, nor liable for any
contamination of the reuse water or the inappropriate use or application of the reuse water supplied
under this Contract after it passes through the PURCHASER'S described point of delivery (Exhibit
`B" hereto). PURCHASER shall fully and absolutely indemnify the CITY, to the extent provided for
and allowed by law, for any and all damages and claims for damages arising from any contamination
of the reuse water supplied under this Contract after it passes through the PURCHASER'S point of
delivery; except regarding any damages resulting from the CITY'S failure to deliver the quality of
reuse water required by State law and by the terms and conditions of this Contract.
ARTICLE III.
RATE AND METERING
§3.1 RATE CHARGED FOR REUSE WATER. The rate for reuse water based on the
Commitment Letter (Exhibit "A"), for a period of five (5) years from the effective date of this
Contract shall be two -fold:
(A) A monthly base charge of $700.00 per month, which covers up to 518,000 gallons of treated
wastewater effluent. This monthly base rate provision is similar to a `take or pay" provision used in
the water industry. The monthly base charge shall be due and payable by PURCHASER for each and
every month that the Contract is in effect, whether or not PURCHASER has utilized any treated
wastewater effluent for that month or not. There shall also be no carryover of surplus wastewater
effluent from year to year, based on the fiscal year October 1 through September 30 (the "Fiscal
Year"). However, the monthly 518,000 gallon usage inay be carried over within the fiscal year so
long as the total gallon usage for any given month does not exceed 1,000,000 gallons and the total
gallon usage for the Fiscal Year does not exceed 6,216,000 gallons. Usage in excess of these limits
shall be billed at the rate specified in §3.1(B).
(B) If applicable, a volume rate of $1.35 per thousand gallons of treated wastewater effluent, plus
a facility charge of$16.20, per monthly billing period in which the volume rate is applied.
§3.2 RATES AFTER FIVE YEARS. After five (5) years from the effective date of this
Contract, these rates may be adjusted annually by the CITY, on each October 1. The revised rates, if
any, will be based on water reclamation plant operation and maintenance and non -operating expenses
and wastewater treatment volumes from the most recently completed fiscal year. PROVIDED
HOWEVER, because of special considerations provided to the CITY by PURCHASER, the parties
agree that the applicable rate to be charged to PURCHASER after five (5) years from the effective
date of this Contract, shall not exceed fifty (50%) percent of the potable water rate for the City of
Denton, Texas.
§3.3 METERING. CITY shall operate, maintain and read the reuse meter/meters and shall bill
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PURCHASER monthly based on such meter reading. If for any reason the meter shall fail to register
for any period, PURCHASER shall be billed for the amount of reuse water delivered for the
corresponding month of the year immediately preceding the failure, if such record is available. If
these records are not available, CITY shall reasonably estimate the amount of the consumption during
the period in question and bill PURCHASER on the basis of such estimate. In determining the
estimate of PURCHASER'S consumption, CITY shall average the applicable month for the past three
years. If there is not a three-year history, the CITY shall consider as a factor the rain or drought
conditions for the applicable period. Further PURCHASER agrees that it shall not in any manner
interfere, tamper, or attempt to do anything with regard to the operation or functioning of such
meter/meters.
§3.4. PURCHASER'S OPTION. Purchaser may increase its minimum monthly base amount of
treated wastewater effluent purchased during the term of this Contract in order to meet its increased
needs by notifying the CITY, in writing, who will then determine a new monthly minimum monthly
base charge in light of the increase of the monthly base amount of treated wastewater effluent
purchased. The CITY shall be obligated to increase such monthly minimum base amount, subject
only to the condition that the CITY must be able to transport the increased volume of treated
wastewater effluent to PURCHASER through the existing treated wastewater effluent transmission
line.
ARTICLE IV.
TERM
§4.1 TERM AND RENEWAL OF CONTRACT. This Contract shall be for a term beginning
with the effective date, and ending five (5) years after that date. This Contract may be renewed for
subsequent ten (10) year periods with the concurrence of both parties. Such extensions will be
permitted for the twenty (20) year period of the Water Easement provided for in the Site Contract.
The Purchaser shall provide written notice to the City at least six months in advance of expiration of
the Contract that the Purchaser desires to renew this Contract.
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§4.2 EFFECTIVE DATE.
following have been satisfied:
This Contract shall be effective as of the date when all of the
(A) PURCHASER'S and CITY'S execution of this Contract; and
(B) CITY has connected its treated wastewater effluent transmission line to the
PURCHASER'S delivery point and the same is operational; and
(C) CITY'S issuance of a written "Notice to Proceed" to PURCHASER.
§4.3 TERMINATION OF CONTRACT. This Contract shall be terminated if either party is
prevented from fulfilling an obligation under this Contract by any final judgment of a court of
competent jurisdiction, legislation, or other force majeure. PURCHASER may terminate the Contract
if PURCHASER is of the opinion that the reuse water quality is such as to prevent the PURCHASER
from using it for the purpose of irrigation. In that ev0nt, PURCHASER shall provide the CITY at
least sixty (60) days written notice of its intention to terminate the Contract. CITY may terminate this
Contract if monies required to be paid by PURCHASER pursuant to this Contract are not paid within
thirty (30) days of written notification issued by the CITY to PURCHASER at PURCHASER'S
billing address according to the CITY'S records. Either party may terminate this Contract upon the
failure of the other party to abide by the provisions of this Contract and to cure the alleged default,
after being provided thirty (30) days written notice to do so by the other party. This Contract also
may be terminated by the mutual agreement of PURCHASER and CITY.
ARTICLE V.
FACILITIES
§5.1 ON -SITE FACILITIES. PURCHASER shall construct and pay for all necessary facilities
to deliver, store, use and discharge or dispose of the reuse water from the point of delivery onto
Purchaser's property, until such re -use water is used, discharged, or disposed of, which facilities shall
be described for purposes of this Contract, as on -site facilities. Design and constriction must meet
criteria established by CITY regulation and ordinance as well as those established by 30 TAC §210.
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§5.2 SECURITY OF PURCHASER'S SERVICE SYSTEM. PURCHASER'S service system
shall be installed by PURCHASER so as to prevent operation by unauthorized personnel pursuant to
30 TAC §210.25.
§53 REQUIRED PIPING. PURCHASER shall use an existing separate non -potable, or shall
design and constrict a separate non -potable water distribution system in compliance with 30 TAC
§210.25 and any other applicable local and state regulations.
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§5.4 STORAGE PURCHASER shall comply with storage as required by 30 TAC §210.23
and any other applicable local and state requirements.
§5.5 TAILWATER WATER CONTROLS. PURCHASER shall construct any required tailwater
water controls, as required by applicable local and state regulations.
§5.6 COST OF PURCHASER'S ON -SITE FACILITIES. PURCHASER shall have title and bear
all responsibilities including the costs of installing, operating, maintaining, permitting, licensing, and
repairing any and all of PURCHASER'S on -site facilities, other than those facilities owned by the
CITY, unless provided for by other mechanisms.
§5.7 ACCESS TO PURCHASER'S PROPERTY..' PURCHASER shall allow the CITY 24-
hour access onto PURCHASER'S property (only that property which is the subject of this Contract)
as necessary to operate, maintain, and inspect facilities owned by the CITY.
§5.8 THE DENTON STATE SCHOOL ELEVATED WATER STORAGE TOWER. Asapartof
the bargained for consideration provided for herein, PURCHASER agrees to convey to the CITY the
sole and exclusive right of use and benefit, in the form of an easement or other form of conveyance,
permitting the CITY's possession of the Elevated Water Storage Tower on -site for its treated
wastewater effluent operations. PURCHASER further agrees that once the CITY has discontinued its
usage of the Elevated Water Storage Tower for its effluent operations, that CITY, at CITY's sole cost,
will notify PURCHSAER and will be solely responsible for removing the Elevated Water Storage
Tower from PURCHASER's premises in a safe and prudent manner.
ARTICLE VI.
GENERAL PROVISIONS
§6.1 GOVERNING LAW; VENUE; LEGAL CONSTRUCTION. This Contract shall be
governed by and construed in accordance with the laws of the State of Texas. The obligations of the
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parties to this Contract are performable in Denton County, Texas, and if legal action is necessary to
enforce same, exclusive venue shall lie in Denton County, Texas. In case any one or more of the
provisions contained in this Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Contract, and this Contract shall be considered as if such invalid, illegal, or
unenforceable provision had never been contained in this Contract.
§6.2 ASSIGNMENT OF CONTRACT. This Contract cannot be assigned without the prior
written consent of the other party.
§6.3 COMPLIANCE WITH APPLICABLE LAWS. This Contract is subject to all legal
requirements of the City Charter of the City of Denton; Texas, the Denton Code of Ordinances, and
other laws and regulations both state and federal; and PURCHASER agrees that it will promptly
comply with all applicable laws, regulations, orders, and rules of the Federal, State, County, City, and
all other applicable governmental agencies. Specifically, PURCHASER will comply with all
provisions of 30 TAC §210 as it is currently adopted or as it may be hereafter amended. These
regulations are included in the above -referenced "Beneficial Reuse Water Handbook."
§6.4 FORCE MAJEURE. Neither CITY nor PURCHASER shall be required to perform any
term, condition, or covenant in this Contract, so long as such performance is delayed or prevented by
force majeure, which shall mean acts of God, civil riots, floods, and any other cause, not reasonably
within the control of CITY and/or PURCHASER and which by the exercise of due diligence, CITY or
PURCHASER is unable, wholly or in part, to prevent or overcome.
§6.5 ENTIRE AGREEMENT. This Contract embodies the complete agreement of the parties
hereto, superseding any and all oral or written previous and contemporary contracts or agreements
between the parties and relating to matters contained in this Contract, except as otherwise provided
herein. This Contract may not be modified without the written agreement of both parties hereto.
12
§6.6 HOLD HARMLESS. PURCHASER, only to the extent allowed by applicable law,
agrees to protect, defend, and save the CITY, its representatives, officers, agents, employees, and
attorneys harmless from and against any and all claims, demands, and causes of action of every kind
and character, losses, costs, expenses, attorney's fees, and damages of every kind and character, for
injury to, or death of any person or damage to any property arising out of or in connection with the
construction, use, storage, maintenance, disposal, or discharge of reuse water of or from
PURCHASER'S on -site facilities. Also, this provision shall not apply if any claim arises and is
proximately caused by the CITY'S failure to deliver the quality of reuse water required by State law,
and by the provisions of this Contract. The provisions of this Subsection 6.6 shall not apply to any
liability resulting from the sole negligence of CITY, its representatives, officers, agents, employees,
or attorneys. '
§6.7. HOLD HARMLESS — GOVERNMENT REGULATION. In its performance of this
Contract, PURCHASER shall comply with all applicable federal, state, and local laws or regulations
related to the use or reuse of reuse water, or the environment, and will hold the CITY, its
representatives, officers, agents, employees, and attorneys harmless from and against any and all
claims, demands, suits, causes of action, losses, damages, costs, attorney's fees, and expenses arising
out of any noncompliance violation or alleged noncompliance violation by PURCHASER of any such
laws; PROVIDED HOWEVER, only to the extent provided by applicable law.
§6.8 REMEDIES. In the event that CITY is unable in good faith to comply with the delivery
of reuse water requirements to PURCHASER in this Contract, then PURCHASER'S sole remedy
shall be to take CITY potable water and to pay for the potable water so taken at the rates established
for the potable water used less a discount of $23.00 dollars per day for any 24-hour period in which
the CITY is unable to deliver reuse water. The exercise of this remedy by PURCHASER shall
require ten (10) days prior written notice by PURCHASER to the CITY. The CITY shall give
PURCHASER ten (10) days prior written notice of its inability to comply with the reuse water
13
requirements for foreseeable events and 24 hour notice for emergencies.
§6.9 REQUIRED PERMITS AND LICENSES. The parties shall each maintain in effect
during the term of this Contract, any and all federal, state, and/or local licenses and permits which
may be required of parties generally regarding the subject of reuse water.
§6.10 REQUIRED RECORDS. Both CITY and PURCHASER shall maintain such records as
are required by state regulations and shall notify the TNRCC in writing within five (5) days of
obtaining knowledge of reuse water use not specified and approved by the Executive Director of the
TNRCC.
§6.11 POLICE POWERS NOT AFFECTED. "Phis provision does not affect the police powers
of the CITY of Denton, Texas or of any other governmental agency.
§6.12 BINDING EFFECT ON SUCCESSORS AND ASSIGNS. This Contract shall be binding
upon and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors, and their assigns.
§6.13 CAPTIONS AND COUNTERPARTS. The captions to the various Articles and
Subsections of this Contract are for informational purposes only and shall in no way alter the
substance or meaning of the terms and conditions of this Contract. This Contract shall be executed in
duplicate original counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
EXECUTED by the City of Denton, Texas ("CITY") and the DENTON STATE SCHOOL, acting by
and through the Texas Department of Mental Health and Mental Retardation (hereafter the
PURCHASER) acting by and through their respective duly authorized and empowered officers and
representatives, on this the day of
2002.
14
EXHIBIT A
215 E. McKINNEY DENTON, TX 76201 • (940) 349-8230 • FAX (940)
349-8120
UTILITY ADMINISTRATION
December 15, 2000
Shirley Musgrave
Assistant Superintendent of Administration
Denton State School ,
3980 State School Road
Denton, Texas 76210
Re: Letter of Subscription and Commitment
Purchase of Treated Wastewater Effluent from Denton Municipal
Utilities
Wastewater Effluent Transmission Line Project
Dear Ms. Musgrave:
The purpose of this letter is to memorialize and secure Denton State School's
("Custuuici") wiitten subscription and f inu commitment to participate as a customer of
Denton Municipal Utilities ("City") to purchase treatment wastewater effluent from the
City's Pecan Creek Water Reclamation Plant ("Plant"), in connection with the
Wastewater Effluent Transmission Line Project extending Southerly from the Plant
along Mayhill Road, and along State School Road, with its terminus at Oakmont Country
Club, in Corinth, Texas ("Project").
Generally speaking, the Project is a water -recycling project. The effluent quality
from the City's Plant meets the highest standard for effluent reuse (Type I). The City
intends to offer the sale of wastewater effluent from the Project as a viable and more
cost-effective alternative than some of its customers purchasing irrigation water.
The wastewater effluent transmission line ("line") will be approximately 13,600
linear feet in length, and consists of 18" diameter, and a small amount of 8" diameter
"Dedicated to Quality Service"
wormcityof denlon.com
PVC line. Each treated wastewater effluent customer of the City along the line will have
its own reinforced concrete buried meter station. The City's estimated cost to construct
and install the Project is $1.6 million.
The City, after careful analysis, has determined that the concentrado n of potential
treated wastewater effluent customers in the area of your business makes the
construction and installation of a wastewater effluent transmission line economically
viable. The Denton Public Utilities Board ("PUB") has indicated its support for the
general concept of the Project, but has expressed a concern regarding the City's ability to
recover its costs to be expended on the Project over a reasonable period of time.
Accordingly, in order for the City to proceed and move forward with this Project and in
order to justify the expenditure of funds on this Project, City Staff has been instructed to
obtain firm written letters of subscription and commitment from the four targeted
potential wastewater effluent customers along the proposed route of the line in order to
justify the City's financial commitment to the Project. These four customers are:
Oakmont Country Club, Denton State School, Denton Regional Medical Center, and the
Professional Office Buildine. City Staff expects that before final approval of this
Proj cct is - _:ght f-am the PUB any' the D.-ton City Council, that letters of subscription
and commitment will have to be obtained from all four of the targeted customers
identified above.
The basic concepts and general terms of the final separate Agreement to be
entered into by and between the City and Customer in the near future are as follows:
1. The City requires a commitment from Customer to pay at a minimum, a monthly
base charge of $700.00/month with access to 513,000 thousand ga!!o 'n:_-et! -` treats
wastewater effluent for a minimum term of five years. The final Agreement shall be
drafted so that this provision is similar to a "take -or -pay" agreement used in the water
industry. The monthly base charge shall be due and payable by Customer for each and
every month that the Agreement is in effect, whether or not Customer has utilized any
effluent or not for that month. There shall be no carryover of surplus effluent from year
to year -based on fiscal year October I through September 30.
2. The Caatomer may increase its minimum monthly base amount of treated
wastewater effluent purchased during the term of the Agreement in order to meet its
increased needs by notifying the City, who will then determine a new monthly minimum
monthly base charge in light of the increase of the monthly base amount of effluent
purchased. The City shall be obligated to increase such monthly minimum base amount,
subject only to the condition that the City must be able to transport the increased volume
of effluent to Customer through the line.
3. The treated wastewater effluent sold by the City to Customer shall not be subject
"Dedicated to Quality Service"
www.cilyofdenton.com
to rationing during any period of drought, or during any period of time that the use of
water is curtailed or otherwise restricted pursuant to any drought contingency plan, then
in force and effect.
4. The treated wastewater effluent shall be delivered by the line by the City to
Customer's individual meter point.
5. The City reasonably projects that the Project will be substantially complete and
that it will be able to transport and sell treated wastewater effluent to Customer by June
2001. in the absence of any catastrophe, force majeurc, or problems with easement
acquisitions.
By signing this letter of subscription and commitment, you are stating your
intention to subscribe as a City treated wastewater effluent purchaser under the above
basic terms and provisions. The City will rely on your commitment remaining firm, and
will expect you to enter into a final, more detailed Agreement encompassing all terms,
conditions, and covenants, at a time in the near future; all subject to the approval of the
PUB and the final approval of the Denton City -Council.
We appreciate you interest and your desire to participate in this Project. The City
Staff looks forward to working with you on the Project and serving your ireated
wastewater effluent needs.
Please contact me at the above address or telephone number if you have any
questions.
HM/msc
Sincerely,
�u W
Howard Martin
Assistant City Manager/Utilities
"Dedicated to Quality Service"
www.cityof denton.com
APPROVED AND AGREED:
Denton State School
By: %u• i n
Shirley VusgrRe
Assistant Superintendent of Administration
Dated: �2 B
By:
Pat Martin
Director of Central Contract and
Procurement Support
Dated:
By: '- r` If,- '� i {1'o ,
Max Harelik
Energy Management Specialist
Dated:
"Dedicated to Quality Service"
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5255 01970
REUSE WATER EASEMENT
THE STATE OF TEXAS,
009428
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar-
dation, (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a water utility easement across the real property owned by Grantor, as described in
EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this document by ref-
erence.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City this easement for the purpose of constructing, recon-
structing, installing, repairing, and maintaining water facilities, upon and across said premises, with the
right and privilege at all times of the grantee herein, his or its agents, employees, workmen and repre-
sentatives 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 water facilities or any part thereof. This grant
specifically includes the right to use, maintain, construct and reconstruct the existing elevated water
tank (the "Existing Water Tank")on the water tank site described and illustrated on EXHIBITS "A" and
"B". If the City permanently discontinues use of the Existing Water Tank (as definded in Section 9 be-
low), or upon cessation of this easement, it shall remove the Existing Water Tank from the water tank
site. Grantor represents and warrants that the City shall have a right of ingress and egress between the
Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the
"Current Access Drive"). Should the Current Access Drive be closed, Grantor shall an alternate access
drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT `B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erector place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the reuse water facilities. If the Grantor con-
structs or places buildings, signs, parking lots, driveways, private walkways, or other structures or im-
Page 1 of 4
5255' d 19'71
provements over the permanent easement after execution of this easement document, the City may re-
move all or part of the structures and improvements as necessary to construct, reconstruct, replace, re-
pair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or
repair the structures or improvements and without any liability to Grantor including the obligation to
make further payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex-
pense. After completion of the initial construction, the City shall reinstall any fence or gate initially re-
moved or relocated to their original locations, or at the option of the Grantor, reimburse the Grantor for
the cost to reinstall any such fence or gate. The reimbursement amount shall be limited to the line item
cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the
City, may construct new fences and gates on the permanent easement after the date of this instrument
but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed
across the easement shall contain gates or removable panels so that the easement is readily accessible
by the City's employees and agents at all times. If the gates are to be kept locked by Grantor, the City
shall be provided the keys or other means, as applicable, so that the City may open all locks for access
without prior notice to Grantor.
5. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City or twenty
Page 2 of 4
5255 01972 (6517l f
years from the date of this easement, whichever occurs first. Permanent discontinuation of use shall be
construed to mean no use of the easement for the purposes permitted by the easement for a period of at
least two years
10. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall run with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Witness my hand, this the v?l day of V u.ve. , 2002.
APPROVED A TO FORM
BY: 7
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTALREHABILITATION
/7
BY: �6Ue �
Name:
Title:
Address:
Page 3 of 4
5255 af973
THE STATE OF '�cxas §
COUNTY OF n,x,, s §
This instrument was acknowledged before me on3urLRq 2002 by Ka rcvL F. Halms
(EVEN R. CRAW061 NotaryPublic, in and forthe State of Texas
MYCOWAMWN
1 20�04 MyComnissionExpm:
Augud
Accepted this day of �IOWM02 for the City of Denton, Texas (Resolution No. 91-
073).
By:'ia►'Ywxa-�/1�^t�l -�4n %Lug. l.U.�51x-ta�nyiUrvl
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
EXHIBIT B
SURVEY: M. E. P. 8 P. R. R. SURVEY, ADS NO. 950 PROPEH I Y AUDRESS: STATE SCHOOL ROAD
LOCATION: CITY OF DENTON. DENTON CO., TEXAS PERMANENT WATER EASEMENT: 0.5028 ACRES
PERMANENT WATER EASEMENT
POINT OF COMMENCEMENT
BRIGHTON DRIVE
ROW. LINE
to
T
PERMANENT TFATER EASEMENT
0.5028 ACRES (21,900 Sq. Ft.)
oA'
-�10�
S89'32'31 "E 146.00' POINT OF BEGINNING
OF0 0
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PROPOSER WATERLINE EASEMENT
17 AID TEAIPORAR HER INSTRUNION EASEMENT
j�I IO OY OTHER INSiRUM1IENi
N �
Z
zL- — — —
146.00' N89'32'31"W
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PAGE 12
D. R. T. C. T. .
0 40' 80,
GRAPHIC SCALE IN FEET
1"=40'
4183
SPOONER & ASSOC. 7417 CONTINENTAL TRAIL DATE 4-18-02 1
REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-Ot
LAND SURVEYORS 1 817-281-2355 ACAD FILE 1053-EASE-8
Page I oft
EXHIBIT C PAGE 1
LEGAL DESCRIPTION
M.C.P. & P.R.R. SURVEY, ABST. No. 950
CITY OE DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tractor
land conveyed to Denton Slate School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Permanent Water Easement and being herein more particularly described
by metes and bounds as follows:
COMENCING from the northeast property comer of the said State School tract, said
commencement point being on die southerly right-of-way of Brighton Drive and on the apparent
westerly right-of-way of State School Road.
THENCE, South 2 degrees 30 minutes 51 seconds West, along the east property line of the said
State School tract and along the said westerly right-of-way of State School Road and generally
along a fence, 432.49 feet to a point;
THENCE, South 2 degrees 17 minutes 56 seconds West, continuing along the said east property
line of the State School Iraq and along the said westerly right-of-way of State School Road and
generally along a fence, 657.62 feet to a point;
THENCE, North 87 degrees 42 minute's 04 seconds West 38.12 feet to the POINT Or
BEGINNING;
THENCE, South 01 degree 41 minutes 33 seconds West 24.00 feet to a point;
THENCE, North 87 degrees 47 minutes 57 seconds West 618.76 feet to a point;
THENCE, North 89 degrees 47 minutes 22 seconds West 35.11 feet to a point;
THENCE, North 70 degrees 36 minutes 06 seconds West 625.05 feel to a point;
THENCE, South 40 degrees 07 minutes 52 seconds West I t9.03 feet to a point;
THENCE, South 83 degrees 50 minutes 50 seconds West 502.13 feel to a point;
THENCE, North 00 degrees 27 minutes 30 seconds Cast 16.11 feet to a point;
THENCE, North 83 degrees 50 minutes 57 seconds Cast 493.84 feet to a point;
THENCE, North 40 degrees 07 minutes 52 seconds Last 123.67 feet to a point;
THENCE, South 70 degrees 35 minutes 34 seconds Gast 602.16 feet to a point;
THENCE, South 87 degrees 47 minutes 57 seconds East 681.37 feet to the POINT OF
BEGINNING;
Page 2 of 2
EXHIBIT C PAGE 2
"Continued"
LEGAL DESCRIPTION
M.E.P. S P.R.R. SURVEY, ABST. No. 950
CITY OP DENTON, DENTON COUNTY, TEXAS
The prupuscd Perolancul %Valer Lasewcul being helCiu dCNCrIbCd unllains II.B:U6 (35,744 Sq.
Ft.) or land to be acquired.
I DO FIEREBY CERTIFY TI lATTHE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND TI IAT SAME IS TRUE AND CORRECT.
Company Nano: Spooner and Associates, Inc.
0
r RE,...
By: / R SIIAUN G. SPOON EIS
Shaun Spooner - 1183
e.Registered Professional Land Surveyor, suit
Texas No. 4183
Date of Survey: 02 20-02
Revised 4-I S-02
2
Page 1 or I
EXHIBIT C PAGE 3
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tract of
land conveyed to Donlon Stale School by deed as recorded in Volume 435, ['age 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Temporary Construction Easement and being herein more particularly
described by metes and bounds as follows:
BEGINNING at a point within the said Denton Slate School tract, said point bears South 04
degrees 25 minutes 03 seconds West 1075.84 feet front the northeast properly corner of the said
Denton State School tract;
TIIENCE, South 01 degree 41 minutes 33 seconds West, 15.00 feet to a point;
TIIENCE, North 87 degrees 47 minutes 57 seconds West, 681.37 feet to a point;
THENCE, North 70 degrees 35 minutes 34 seconds West, 480.71 feet to a point;
THENCE, North 19 degrees 18 minutes 30 seconds Cast, 25.00 feet to a point;
THENCE, South 70 degrees 34 minutes 40 seconds East, 511.02 feet to a point;
THENCE, South S7 degrees 47 minutes 57 seconds Gast, 654.04 feet to the
POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 0.5145 acres
(22,415 Sty Ft.) of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner turd Associates, Inc.
RE Or
(�S
By:AUN C SPO0 N ER
Shaun Spooner < ..4103°"Es s\Registered Professional Land Surveyor,` un ��/
Texas No. 4183
Date of Survey: 02-20-02
Page I of I
EXHIBIT C PAGE 4
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip or land out of a tractor
land conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable Width Temporary Construction Easement and being herein more particularly
described by metes and bounds as follows:
BEGINNING at a point within the said Denton State School tract, said point bears South 55
degrees 08 minutes 06 seconds West 1515.12 feel from the northeast property corner of the said
Denton State School tract;
THENCE, South 19 degrees 18 minutes 30 seconds West, 25.00 Ibct to a point;
THENCE, North 70 degrees 35 minutes 34 seconds West, 85.64 feet to a point;
THENCE, South 40 degrees 07 minutes 52 seconds West, 123.67 feet to a point;
THENCE, South S3 degrees 50 minutes 57 seconds West, 493.84 feet to a point;
THENCE, North 00 degrees 27 minutes 30 seconds Gast, 13.09 feet to a point;
THENCE, North 83 degrees 51 minbtes 09 seconds East, 487.09 feet to a point;
THENCE, North 40 degrees 07 minutes 52 seconds Cast, 140.30 feet to a point;
THENCE, South 70 degrees 41 minutes 31 seconds Cast, 90.04 feet to the
POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 0.2361 acres
(10,237 Sq. Ft.) of land to be acquired.
1 DO 1117RE13Y CERTIFY TI ]AT TIiB ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
TI IE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
By:_G siin N C. srooNER
Shaun Spooner IOJ ,
Registered Professional Land Surveyor, x``u
Texas No.4183
Date of Survey: 02-20-02
Page I of I
EXHIBIT C PAGE 5
LEGAL DESCRIPTION
M.C.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Donlon County,'rexas and being a strip or laud out of a tractor
land conveyed to Denton State Schaal by deed as recorded in VOInIrIC 435, ]'age 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of laud being herein described as a
proposed variable width Temporary Construction Easement and being herein more particularly
described by macs and bounds as follows:
BEGINNING at a point within the said Dcnlon State School tract, said point bears South 56
degrees 02 minutes 48 seconds West 1584.15 feet from the northeast properly comer of the said
Denton State School tract;
TI IENCE, South 40 degrees 07 minutes 52 seconds West, 129.14 feel to a point;
THENCE, South 83 degrees 50 minutes 50 seconds West, 508.85 feet to a point;
THENCE, North 00 degrees 27 minutes 30 seconds Cast, 13.09 feet to a point;
THENCE, North 83 degrees 50 minutes 50 seconds Cast, 502.13 reel to a point;
THENCE, North 40 degrees 07 minutes 52 seconds Cast, 119.03 feet to a point;
THENCE, South 70 degrees 29 minutes 01 second East, 13.S9 feel to the
POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 0.1878 acres
(8,184 Sq. Ft.) of land to be acquired.
I DO I IEREBY CERTIFY TI IAT TI IE ABOVE LEGAL DCSCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
TI IE GROUND AND TI IAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
BY ( sii 6i c spooNtit
Shaun Spooner ...,.4A 109
Registered Professional Land Surveyor, 1. suit,��/
Texas No. 4183
Date of survey: 02-20-02
EXHIBIT B
SURVEY: M. E. P. 8 P. R. R. SURVEY, ADS NO. 950 PROPERTY ADDRESS: STATE SCHOOL ROAD
LOCATION: CITY OF DENTON, DENTON CO., TEXAS I PERMANENT WATER EASEMENT: 0.8206 ACRES
EXHIBIT "A"PERMANENT WATER EASEMENT
EXHIBITS "B", "C-, AND -D-TEMPORARY
CONSTRUCTION EASEMENTS
REVISED 4-18-02
POINT OF COMMENCEMENT
BRIGHTON Of \\1
201.38 ACRES "o.wlNE IIlk
I
DENTON STATE SCHOOL I I
VOLUME 435, PACE 12 I I o
D. R. T. C. T. I I I y
PROPOSED PUBLIC URLI VEASEMENT I I
(EXHIBIT -C-) VARIABLE WIDTH 9VOTNERINSIRUMENT 11_
TEMPORARY CONSTRUCTION EASEMENT I
0.2361 ACRES (10,287 Sq. Ft.) I I
(EXHIBIT "B-) VARIABLE WIDTH
TEMPORARY CONSTRUCTION EASEMENT II�
0.5145 ACRES (22,415 Sq. Ft.) PROPERT LINE�
L27 I�
P.O.B.
PRoPcwo EASEMENT L26 \L 2 L28 EXHIBIT "C" l u
L12 L13 I\
L24 \��' L18 r L19 P.O.B.
L25
L17 L20 EXHIBIT "B'
l e
L11— -�I-Imp L61 L L21 C4 - L15 \ L16 I L
11 / i,.
t P.O.B.
EXHIBIT "D"
(EXHIBIT "D-) VARIABLE WIDTH
TEMPORARY CONSTRUCTION EASEMENT
0.1878 ACRES (8,184 Sq. Ft.)
NUMBER
DIRECTION
DISTANCE
LI
501'41 33 W
24.00
L2
N87'47'57'W
618.76'
L3
N89'47'22"W
35.11,
L4
N70'360 WW
625.05
LS
4 0 2 W
719.03
L6
583'50 50 W
502.13
L11
00K730 E
16.11
LI2
NB]'S0 57 E
493.84
N0'07
123LI 67
L14
I 570'35'34'E
602.16'
L15
587'4757 E
681.37
L16
50141 33 W
15.00
L17
N70'35'34'W
480.71'
U8
N1918'30'E
25.00'
L19
57W3440 E
511.02
L20
S87.47 57 E
645.04
L21
570'2VOl-E
13.8W
L22
S40wO7'52'W
129.14
L23
5805050'W
908.85'
L24
N00'27'30'E
13.09'
L25
N83'51'09'E 1
487.09'
L26
N40'07'52'E
140.30'
L27
S70'401%
90.04'
08
S191830 W
25.00
L29
N70'3534W
85.64
L-A
N87'42 04W
I 38.12
SPOOM & ASSOC.
REGISTERED PROFESSIONA
LAND SURVEYORS
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PACE 12
D. R. T. C.T.
P.O.B. I
'EXHIBIT A' 1
I
(EXHIBIT -A-) VARL1BIt'E WIDTH
PERMANENT WATER EASEMENT
0.8206 ACRES (35,744 Sq. Ft.)
II
I
I
I 0
0
I IW
I IM1
I ,3
PROPERTY LINE �N
I
II
ROBERT H. MITCHELL
RUTH MITCHELL
REMAINDER 5.27E ACRES I
VOLUME 394, PACE 3
(FIRST TRACT)
D.R.D.C.T.
rfOF
lL.....If 7
f4LS T'r[F!o 71
0 300' 600'
GRAPHIC SCALE IN FEET
1" = 300'
7417 CONTINENTAL TRAIL I DATE 9-26-01
No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01
817-281-2355 ACAD FILE 1053—EASE-8
5255 01962 009427
PUBLIC UTILITY EASEMENT /457/w--p,
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Denton State School, by and through the Texas Department of Mental Health and Mental Retar-
dation (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a permanent public utility easement across the real property owned by Grantor, as
described in EXHIBIT "A" and illustrated in EXHIBIT `B", attached to and incorporated into this
document by reference.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City the right to construct, install, reconstruct,
repair, relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines, valves,
facilities and appurtenances, electric poles, wires and related facilities, communication lines and other
public utilities and other related facilities in, on, over, under and across the permanent easement.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs
or places buildings, signs, parking lots, driveways, private walkways, or other structures or improve-
ments over the permanent easement after execution of this easement document, the City may remove all
or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter,
relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the
structures or improvements and without any liability to Grantor including the obligation to make further
payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the public utility facilities, the City will remove or relocate the fence or gate at City of
Denton expense. After completion of the initial construction, the City shall reinstall any fence or gates
Page 1 of 4
5255 01963
initially removed or relocated to their original locations, or at the option of the Grantor, reimburse the
Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall be limited to the
line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,
but not the City, may construct new fences and gates on the permanent easement after the date of this
instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any
fences placed across the easement shall contain gates or removable panels so that the easement is read-
ily accessible by the City's employees and agents at all times. If the gates are to be kept locked by
Grantor, the City shall be provided the keys or other means, as applicable, so that the City may open all
locks for access without prior notice to Grantor.
5. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City. Permanent
discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by
the easement for a period of at least two years.
10. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall run with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Page 2 of 4
5255 01964
hand this the day
Witness my �[ y of un` 2002.,
APPROVED AS O FORM
BY: Z
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
BY: �Li{ � � _
Name:
Title:
Address:
Page 3 of 4
5255 01965
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on fr 2002 by karavl r. 1"Lje_
rMN P.. CRADDOCK
My cow WON owe
Augud 31, 2004
NotaryPublic, in and for the State of Texas
My Comn issionExpires:
Accepted this _� day of CQ.!>l W 2002 for the City of Denton, Texas (Resolution No. 91-
073).
By: P.-&' W4 1,
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
Page l of 2 5255 17 6
6
EXHIBIT " I I�A�, LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tract of land
conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed Records of
Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a proposed variable width
Permanent Waterline Easement and being herein more particularly described by metes and bounds as
follows:
BEGINNING at a point on the north property line of the said Denton State School tract said point also being
on the existing south right-of-way line of Brighton Drive and bears South 89 degrees 19 minutes 58 seconds
West, 17.30 feet from the northeast property comer of the said Denton State School tract;
THENCE, South 01 degree 41 minutes 33 seconds East 1,014.21 feet to a point;
THENCE, South 00 degrees 13 minutes 23 seconds East 111.67 feet to a point in a fence line on the east
property line of the said State School tract, said point also being on the apparent west right-of-way line of
State School Road;
THENCE, South 02 degrees 17 minutes 25 seconds West, continuing along the said east property line and
the said apparent west right-of-way line and generally along a fence, 692.34 feet to a point;
THENCE, South 02 degrees 19 minutes 10 seconds West, continuing along the said east property line,
apparent right-of-way line and fence, 212.64 feet to a point at the beginning of a curve to the right whose
center bears North 82 degrees 14 minutes 41 seconds West, 1,040.00 feet;
THENCE, in a southerly direction, departing the said east property line, apparent right-of-way line and
fence and proceeding along the said curve through a central angle of 07 degrees 57 minutes 39 seconds and
an arc length of 144.50 feet having a chord direction of South 11 degrees 44 minutes 08 seconds West and
chord length of 144.38 feet to a point;
THENCE, South 62 degrees 09 minutes 55 seconds East, 152.15 feet to a point on an easterly property line
of the said State School tract, said point also being on a westerly property line of a tract of land conveyed to
Robert H. Mitchell and Ruth Mitchell by deed recorded in Volume 394, Page 3, D.R.D.C.T.;
THENCE, South 02 degrees 04 minutes 13 seconds West, along the common property line between the said
State School tract and the said Mitchell tract, 26.65 feet to a point;
THENCE, North 62 degrees 09 minutes 54 seconds West 193.51 feet to a point at the beginning of a non -
tangent curve to the left whose center bears North 73 degrees 18 minutes 13 seconds West 1006.00 feet;
THENCE, in a northerly direction, along the said curve through a central angle of 15 degrees 00 minutes 14
seconds and an arc length of 263.44 feet having a chord direction of North 09 degrees 11 minutes 40 seconds
East and chord length of 262.69 feet to a point;
THENCE, North 01 degree 41 minutes 33 seconds East 973.72 feet to a point;
THENCE, North 07 degrees 14 minutes 10 seconds East 103.90 feet to a point;
THENCE, North 01 degree 41 minutes 24 seconds East 842.79 feet to a point on the aforementioned north
property line of the Denton State School tract and south right-of-way line of Brighton Drive;
THENCE, North 89 degrees 19 minutes 58 seconds East along the common line between the said State
School tract and right-of-way 24.02 feet to the POINT OF BEGINNING.
Page 2of12 5255
EXHIBIT "A"
"CONTINUED"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Permanent Waterline Easement being herein described contains 1.5782 (68,744 Sq. Ft.) of
land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND
AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
�p .;�4\STfRf.O 9
0:' Q * N
By: SHAUN G. SP66NER
Shaun Spooner 4183`
���R�FLSst��'p�
Registered Professional Land Surveyor, 9No suaNE�
Texas No. 4183
Date of Survey: 02-20-02
Revised 3-29-02
01967
CHO
L ROAD
OCAT OAL' • CI7'1''OFDENTON OANTON CO., TEXAS PERMANENT WATERLINE EASEMENT 51.5 82 ACRES I
EXHIBIT 'A' PERMANENT WATERLINE EASEMENT
REVISED 3-29-02
P.O.B.
EXHIBIT : -
BRIGHTON DRIVE Ll
PROPERTYLINE. I
201.38 ACRES S89°19'561W 17.30'
DENTON STATE SCHOOL
VOLUME 435, PACE 12
D.R.T.C.T
0 300' 600'
GRAPHIC SCALE IN FEET L10
1" = 300'
(EXHIBIT "A") VARIABLE WIDTH I
PERMANENT WATERLINE EASEMENT I
1.5782 ACRES (68,744 Sq. Ft.) —I 1—
0
I�
U
I
CO
I I�
I W
CO
I �
I
I i
201.38 ACRES
�(
DENTON STATE SCHOOL
Cl
VOLUME 435, PACE 12
D.R.T.C.T.
<«G L7
NUMBER
DIRECTION
DISTANCE
L1
N89.19 58 E
24.02
L2
SOI'41'33"E
1014.21'
L3
S00'13'23"E
111,67'
L4
S02'17'25'W
692.34'
L5
S02'19'10"W
212.64'
L6
562'09 55 E
152.15
L7
S02'04'13"W
26.65'
LB
N62'09'54'W
193.51'
L9
N01'41'33"E
973.72'
FL10
N07'14'10"E
103.90'
L11
N01-41'24"E
1 842.79'
ROBERT H. MITCHELL I \
RUTH MITCHELL
REMAINDER 5.278 ACRES
VOLUME 394, PACE 3
(FIRST TRACT)
D.R.D.C.T.
I
No.
DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT
CHORD LENGTH
CHORD DIRECTION
C1
07'57 39
1040.00'
144.50'
72.37'
144.38
S 11'44'08- W
C2
15'0014
1006.00'
263.44'
132.48'
252.69'
IN 09-11'40" E
OF
.....................:...
SHAUN G. SPOONER
..........................
�YVV1VPi2G aC A�SVIi. 7417 CONTINENTAL TRAIL DATE 9-26-01
REGISTERED PROFESSIONAL I No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01
LAND SURVEYORS 817-281-2355 1 ACAD FILE 1053—EASE-8
APPROVED AND AGREED:
Denton State School
n
By: ut•
Shirley Nusgr. e V •� S�j "�°`
Assistant Superintendent of Administration
Dated: 121 Zc%61
By:
Pat Martin
Director of Central Contract and
Procurement Support
Dated:
By: —1 i AT- �_ ,"i 1J l-
Max Harelik
Energy Management Specialist
Dated: < < `,
"Dedicated to Quality Service
wwvv. ci tyojdenton. com
44
00-1 ��C VIS 3NII.
olvvi!
L-4
- - - - - - - - - - -
-- --
NOM ICOHDS 3VI5
q H
-r-+--
um
00-OLC 3NIIH01VN
--- -------
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-id
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d
I
Eo
Z
00-OLL BNIIHDIVN
A
----------
It
It:
19
7,N,
00-11[ VIS 3NIIHDIVVI
ATTACHMENT B
REUSE WATER EASEMENT
THE STATE OF TEXAS,
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar-
dation, (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a water utility easement across the real property owned by Grantor, as described in
EXHIBIT "A" and illustrated in EXHIBIT `B", attached to and incorporated into this document by ref-
erence.
The grant made includes and is subject to the following
1. Purpose. This easement grants to the City this easement for the purpose of constructing, recon-
structing, installing, repairing, and maintaining water facilities, upon and across said premises, with the
right and privilege at all times of the grantee herein, his or its agents, employees, workmen and repre-
sentatives 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 water facilities or any part thereof. This grant
specifically includes the right to use, maintain, construct and reconstruct the existing elevated water
tank (the "Existing Water Tank")on the water tank site described and illustrated on EXHIBITS "A" and
"B". If the City permanently discontinues use of the Existing Water Tank (as definded in Section 9 be-
low), or upon cessation of this easement, it shall remove the Existing Water Tank from the water tank
site. Grantor represents and warrants that the City shall have a right of ingress and egress between the
Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the
"Current Access Drive"). Should the Current Access Drive be closed, Grantor shall an alternate access
drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT `B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the reuse water facilities. If the Grantor con-
structs or places buildings, signs, parking lots, driveways, private walkways, or other structures or im-
Page 1 of 4
provements over the permanent easement after execution of this easement document, the City may re-
move all or part of the structures and improvements as necessary to construct, reconstruct, replace, re-
pair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or
repair the structures or improvements and without any liability to Grantor including the obligation to
make further payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex-
pense. After completion of the initial constriction, the City shall reinstall any fence or gate initially re-
moved or relocated to their original locations, or at the option of the Grantor, reimburse the Grantor for
the cost to reinstall any such fence or gate. The reimbursement amount shall be limited to the line item
cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the
City, may construct new fences and gates on the permanent easement after the date of this instrument
but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed
across the easement shall contain gates or removable panels so that the easement is readily accessible
by the City's employees and agents at all times. If the gates are to be kept locked by Grantor, the City
shall be provided the keys or other means, as applicable, so that the City may open all locks for access
without prior notice to Grantor.
5. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City or twenty
Page 2 of 4
years from the date of this easement, whichever occurs first. Permanent discontinuation of use shall be
construed to mean no use of the easement for the purposes permitted by the easement for a period of at
least two years
10. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall nm with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Witness my hand, this the _ day of 2002.
ATTEST:
mm
APPROVED AS TO FORM
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
Name:
Title:
Address:
Page 3 of 4
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on 12002 by
Notary Public, in and forthe State of Texas
My Commission Expires:
Accepted this day of
073).
Bv:
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
2002 for the City of Denton, Texas (Resolution No. 91-
Page 4 of 4
SURVEY. M. E. P. 8 P. R. R. SURVEY, ABS NO. 950 PROPEH I Y ADDRESS: STATE SCHOOL ROAD
LOCATION: CITY OF DENTON, DENTON CO., TEXAS I PERMANENT WATER EASEMENT: 0.5028 ACRES
PERMANENT WATER EASEMENT
POINT OF COMMENCEMENT
BRIGHTON DRIVE
RB.W. LINE
PERMANENT WATER EASEMENT
0.5028 ACRES (21,900 Sq. Ft.)
o"'
�/
S89'32'31 "E 146.00'
o O POINT OF BEGINNING
�I M
� IN
IN
WI
.01 PROPOSED WATERLINE EASEMENT
M O AND TEMPORARY CONSTRUCTION EASEMENT
ICI IO BY OTHER INSTRUMENT
FA
O- - - O
Z L
146.00' N89'32'31 "W
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PACE 12
D. R. T. C. T.
0 40' 80'
GRAPHIC SCALE IN FEET
1"=40'
C�H
C4ESS \O�r.O?
SUR
SPOONER EC ASSOC. 7417 CONTINENTAL TRAIL DATE 4-18-02 I
REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 761E JOB N0. 1053-7-01
LAND SURVEYORS 1 817-281-2355 ACAD FILE 1053—EASE-8
Page I oft
EXHIBIT G rnnc �
LEGAL DESCRIPTION
M.E.P. S P.R.R. SURVEY, ABST. No.950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in [lie City of Denton, Denton County, Texas and being a strip of land out of a tract of
land conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Permanent Water Easement and being herein more particularly described
by metes and bounds as follows:
COMENCING from the northeast property comer of the said Slate School tract, said
commencement point being on the southerly right-of-way of Brighton Drive and on the apparent
westerly right-of-way of Slate School Road.
THENCE, South 2 degrees 30 minutes 51 seconds West, along the east property line of the said
State School tract and along the said westerly right-of-way orSmte School Road and generally
along a fence, 432.49 feet to a point;
THENCE, South 2 degrees 17 minutes 56 seconds West, continuing along the said east property
line of the State School tract and along the said westerly right-of-way of Slate School Road and
generally along a fence, 657.62 feel to a point;
THENCE, North 87 degrees 42 minute's 04 seconds West 38.12 feet to the POINT OF
BEGINNING;
THENCE, South 01 degree 41 minutes 33 seconds West 24.00 feet to a point;
THENCE, North 87 degrees 47 minutes 57 seconds Nest 618.76 feet to a point;
THENCE, North 89 degrees 47 minutes 22 seconds West 35.11 feet to a point;
THENCE, North 70 degrees 36 minutes 06 seconds Wes( 625.05 feel to a point;
THENCE, South 40 degrees 07 minutes 52 seconds West 119.03 feet to a point;
THENCE, South 83 degrees 50 minutes 50 seconds West 502.13 feet to a point;
THENCE, North 00 degrees 27 minutes 30 seconds Gast 16.11 feet to a point;
THENCE, North 83 degrees 50 minutes 57 seconds Gast 493.84 feet to a point;
THENCE, North 40 degrees 07 minutes 52 seconds East 123.67 feet to a point;
THENCE, South 70 degrees 35 minutes 34 seconds East 602.16 feel to a point;
THENCE, South 87 degrees 47 minutes 57 seconds East 681.37 feel to the POINT OF
BEGINNING;
Page 2 of 2
EXHIBIT C PAGE 2
"Continued"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Perniantut Water Easement being herein described contains 0.8206 (35,744 Sq.
Ft.) of land to be acquired.
I DO HEREBY CERTIFY TI IAT TI IE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name:Spoonerand Associates, Inc. .
A\
0 F
By: SIIAUN C. SPOokft
Shaun Spooner `. 4183 /
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Revised 4-I8-02
Page I of I
EXHIBIT G PAGE 3
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tract of
land conveyed to Denton State School by deed as recorded in Volume 435, page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Temporary Construction Easement and being herein more particularly
described by metes and bounds as follows:
BEGINNING at a point within the said Denton Stale School tract, said point bears South 04
degrees 25 minutes 03 seconds West 1075.84 feet from the northeast property corner of the said
Denton State School tract;
THENCE, South 01 degree 41 minutes 33 seconds West, 15.00 feet to a point;
THENCE, North 87 degrees 47 minutes 57 seconds West, 681.37 feet to a point;
THENCE, North 70 degrees 35 minutes 34 seconds West, 480.71 feet to a point;
THENCE, North 19 degrees 18 minutes 30 seconds Gast, 25.00 feet to a point;
THENCE, South 70 degrees 34 minues 40 seconds Cast, 511.02 feel ton point;
THENCE, South 87 degrees 47 niinules 57 seconds Cast, 654.04 feel to the
POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 0.5145 acres
(22,415 Sq. FL) of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name. Spomter:md Associates, Inc.
r .�f•.Tf\
0.p I. T .10 CH(: h 1
By: SI IAI. UN 0. SPOO N ER
Shaun Spooner 4183
Registered Professional Land Surveyor,
Texas No, 4183
Date of Survey: 02-20-02
Page I of 1
EXHIBIT C PAGE 4
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas nod being a strip of land out of a tract of
land conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Temporary Construction Easement and being herein more particularly
described by metes and bounds as follows:
BEGINNING at a point within the said Denton State School tract, said point bears South 55
degrees OS minutes 06 seconds West 1515.12 feel from the northeast property corner of the said
Denton State School tract;
THENCE, South 19 degrees 18 minutes 30 seconds West, 25.00 Icet to a point;
THENCE, North 70 degrees 35 minutes 34 seconds West, 85.64 feet to a point;
THENCE, South 40 degrees 07 minutes 52 seconds West, 123.67 feet to a point;
THENCE, South 83 degrees 50 minutes 57 seconds West, 493.84 feet to a point;
THENCE, North 00 degrees 27 minutes 30 seconds Gast, 13.09 feet to a point;
THENCE, North 83 degrees 51 minbtes 09 seconds East, 487.09 feel to a point;
THENCE, North 40 degrees 07 minutes 52 seconds Bast, 140.30 feet to a point;
THENCE, South 70 degrees 41 minutes 31 seconds East, 90.04 feel to the
POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 0.2361 acres
(10,287 Sq. Ft.) of land to be acquired.
1 DO III-REBY CERTIFY "I'IIAT TI-IE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
T11E GROUND AND T11AT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
(111AUN
OFBy: G. SPOONER
*Ita nSpooner 41133
oRegistered Professional Land Surveyor, �`uniq
Texas No. 41 S3
Date of Survey: 02-20-02
Page I of I
EXHIBIT C PAGE 5
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County,'rexas :md being a strip of land out of a tract of
land conveyed to Denton Stale School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Temporary Construction Easement and being herein more particularly
described by metes and bounds as follows:
BEGINNING at a point within the said Denton State School tract, said point bears South 56
degrees 02 minutes 48 seconds West 1584.15 feel from the northeast property comer of the said
Denton State School tract;
TI IENCE, South 40 degrees 07 minutes 52 seconds West, 129.14 feet to a point;
THENCE, South 83 degrees 50 minutes 50 seconds West, 508.85 feet to a point;
THENCE, North 00 degrees 27 minutes 30 seconds East, 13.09 feel to a point;
TIIENCE, North 83 degrees 50 minutes 50 seconds Gast, 502.13 feet to a point;
THENCE, North 40 degrees 07 minutes 52 seconds East, 119.03 feet to a point;
TIIENCE, South 70 degrees 29 minutes 01 second Cast, 13.89 feet to the
POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 0.1878 acres
(8,184 Sq. Ft.) of land to be acquired.
I DO IIEREBY CERTIFY TI IAT ThIE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND "THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner:md Associates, Inc.
l or• ���
BY < snnun c. sroanea
Shaun Spooner 4103
Registered Professional Land Surveyor, ,`r` sulty�{�/
Texas No. 4183
Date of Survey: 02-20-02
EXHIBIT B
SURVEY: M. E. P. 8 P. R. R. SURVEY, ADS NO. 950 PROPERTY ADDRESS: STATE SCHOOL ROAD
LOCATION: CITY OF DENTON, DENTON CO., TEXAS PERMANENT WATER EASEMENT: 0.8206 ACRES
EXHIBIT'A' PERMANENT WATER EASEMENT POINT OF COMMENCEMENT
4 EXHIBITS 'B','C', AND'D'TEMPORARY BRIGHTDRIVE \1
CONSTRUCTION EASEMENTS
R O.W IIxE
REVISED 4-18-02 I I
201.38 ACRES I I
DENTON STATE SCHOOL III:
VOLUME 435, PACE 12 I I o
D. R. T. C. T. III ` ry
(EXHIBIT -C-) VARGIBLE WIDTH
TEMPORARY CONSTRUCTION EASEMENT
0.2361 ACRES (10,287 Sq. Ft.)
L27
PRG^OSEOEASEMEN! I
L12 L13 \
L24 `L25
/ y7
L6 I L I L21
I ti
PROPOSEOPUBLIC UIILNYEASEMENT I I
BYOTHERIN57RUMEN!
I I
II
(EXHIBIT -B-) VARMBLE WIDTH I I $
TEMPORARY CONSTRUCTION EASEMENT II�
0.5145 ACRES (22,415 Sq. Ft.) PROPERTYUNE I y
P.O.B. III
1 EXHIBIT "C" I u
`181-19 P.O.B.
L17 L201 EXHIBIT "e'
L75 ` `I e L—A
L16
L4 ^ �
mrmmmmmII��mIIt - Lt
P.O.B. L74 L2
EXHIBIT"D" L3 P.O.B. I
(EXHIBIT "D") VARMBLE WIDTH
TEMPORARY CONSTRUCTION EASEMENT
0.1878 ACRES (8,184 Sq. Ft.)
NUMBER
DIRECTION
DISTANCE
LI
501'41 33 W
24.00
1-2
NB7'47'57'W
618.76'
L3
N89'47'22"W
35.11'
L4
N70'36 06 W
625.05
L5
S40'07 52 W
119.03
L6
S83'50 50 W
M2.13
Lll
NOO2730 E
16.11
LI2
N83'50 57 E
493.84
L13
N40'07 52 E
123.67
L14
570'35'34'E
1 602.16'
L15
S87'47 57 E
681.37
LI6
50V41 33 W
15.00
L17
N70'35'34 W
480.71'
L18
N1918'30"E
25.00'
Li9
S70'3440-E
511.02
L20
S87'47'57"E
645.04
L21
S70'29'01'E
13.89'
L22
S40T17'52'W
129.14'
L23
S83'50'50'W
568.85'
L24
N0027'30'E
13.09'
L25
N83'S1'09'E
487.09'
L26
N40'07'52-E
140.30'
L27
S70'41'31'E
90.04'
L28
591B30W
25.00
L29
N70'35 34 W
85.64
N8742 0{ W
'
38.12L-A
SPOONM & ASSOC.
REGISTERED PROFESSIONA
LAND SURVEYORS
0
'EXHIBITA' I
O
I
O
(EXHIBIT "A-) VARIABRE WIDTH
PERMANENT WATER EASEMENT
OO
0.8206 ACRES (35,744 Sq. Ft.)
I
I
�
I0
I
o
Q
ti
Ip
I
y
201.38 ACRES
Iv
DENTON STATE SCHOOL
VOLUME 435, PACE 12 PROPERIYLINE
I
D.R. T. C. T.
I
II
ROBERT H. MITCHELL
RUTH MITCHELL
REMAINDER 5.278 ACRES
VOLUME 394, PACE 3
(FIRST TRACT)
D.R.D.C.T.
nHl
300' 600'
GRAPHIC SCALE IN FEET
1" = 300,
7417 CONTINENTAL TRAIL DATE 9-26-01
No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01
817-281-2355 ACAD FILE 1053—EASE-8
ATTACHMENT C
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS,
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Denton State School, by and through the Texas Department of Mental Health and Mental Retar-
dation (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a permanent public utility easement across the real property owned by Grantor, as
described in EXHIBIT "A" and illustrated in EXHIBIT `B", attached to and incorporated into this
document by reference.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City the right to construct, install, reconstruct,
repair, relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines, valves,
facilities and appurtenances, electric poles, wires and related facilities, communication lines and other
public utilities and other related facilities in, on, over, tinder and across the permanent easement.
2. Building and Structures. Grantor shall not construct, erector place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs
or places buildings, signs, parking lots, driveways, private walkways, or other structures or improve-
ments over the permanent easement after execution of this easement document, the City may remove all
or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter,
relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the
structures or improvements and without any liability to Grantor including the obligation to make further
payment to Grantor.
3. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the public utility facilities, the City will remove or relocate the fence or gate at City of
Denton expense. After completion of the initial construction, the City shall reinstall any fence or gates
initially removed or relocated to their original locations, or at the option of the Grantor, reimburse the
Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall be limited to the
line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,
but not the City, may construct new fences and gates on the permanent easement after the date of this
instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any
fences placed across the easement shall contain gates or removable panels so that the easement is read-
ily accessible by the City's employees and agents at all times. If the gates are to be kept locked by
Page I of 4
Grantor, the City shall be provided the keys or other means, as applicable, so that the City may open all
locks for access without prior notice to Grantor.
4. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
5. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
6. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
7. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
8. This easement shall expire upon permanent discontinuation of use by City. Permanent
discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by
the easement for a period of at least two years.
9. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
10. Successors and Assigns. This grant shall run with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Witness my hand, this the _ day of 2002.
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
Page 2 of 4
Name:
Title:
Address:
ATTEST:
L.",
APPROVED AS TO FORM
M
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on 2002 by
Page 3 of 4
Notary Public, in and for the State of Texas
MyComunissionExpum:
Accepted this day of 2002 for the City of Denton, Texas (Resolution No. 91-
073).
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
Page 1 of 2
EXHIBIT A
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tract of land
conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed Records of
Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a proposed variable width
Permanent Public Utility Easement and being herein more particularly described by Inetes and buullds as
follows:
BEGINNING at a point on the north property line of the said Denton Slate School tract said point also being
on the existing south right-of-way line of Brighton Drive and bears South 89 degrees 19 minutes 58 seconds
West, 17.30 feet from the northeast property comer of the said Denton Stale School tract;
THENCE, South 01 degree 41 minutes 33 seconds East 1,014.21 feel to a point;
THENCE, South 00 degrees 13 minutes 23 seconds East 111.67 feet to a point in a fence line on the east
property line of the said State School tract, said point also being on the apparent west right-of-way line of
State School Road;
THENCE, South 02 degrees 17 minutes 25 seconds West, continuing along the said east property line and
the said apparent west right-of-way line and generally along a fence, 692.34 feel to a point;
THENCE, South 02 degrees 19 minutes 10 seconds West, continuing along the said east property line,
apparent right-of-way line and fence, 212.64 feel to a point at the beginning of a curve to the right whose
center bears North 82 degrees 14 minutes,41 seconds West, 1,040.00 feet;
THENCE, in a southerly direction, departing the said cast property line, apparent right-of-way line and
fence and proceeding along the said curve through a central angle of 07 degrees 57 minutes 39 seconds and
an arc length of 144.50 feet having a chord direction of South I I degrees 44 minutes 08 seconds West and
chord length of 144.38 feet to a point;
THENCE, South 62 degrees 09 minutes 55 seconds East, 152.15 feet to a point on an easterly property line
of the said Stale School tract, said point also being on a westerly property line of a tract of land conveyed to
Robert H. Mitchell and Ruth Mitchell by deed recorded in Volume 394, Page 3, D.R.D.C.T.;
THENCE, South 02 degrees 04 minutes 13 seconds West, along the common property line between the said
State School tract and the said Mitchell tract, 26.65 feet to a point;
THENCE, North 62 degrees 09 minutes 54 seconds West 193.51 feet to a point at the beginning of a non -
tangent curve to the left whose center bears North 73 degrees 18 minutes 13 seconds West 1006.00 feet;
THENCE, in a northerly direction, along the said curve through a central angle of 15 degrees 00 minutes 14
seconds and an arc length of 263.44 feet having a chord direction of North 09 degrees 11 minutes 40 seconds
East and chord length of 262.69 feet to a point;
THENCE, North 01 degree 41 minutes 33 seconds East 973.72 feet to a point;
THENCE, North 07 degrees 14 minutes 10 seconds East 103.90 feet to a point;
THENCE, North 01 degree 41 minutes 24 seconds East 842.79 feet to a point on the aforementioned north
property line of the Denton Slate School tract and south right-of-way line of Brighton Drive;
THENCE, North 89 degrees 19 minutes 58 seconds East along the common line between the said State
School tract and right-of-way 24.02 feet to the POINT OF BEGINNING.
1
Page 2 of 2
LEGAL DESCRIPTION
"CONTINUED"
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Permanent Public Utility Easement being herein described contains 1.5782 (68,744 Sq. Ft.)
of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND
AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
l oe
By: ��p1 s 2. 11
..'...................:...
$haUnp00ner R SIIAUN G. SPOON ER
.. .,4q 4103
Registered Professional Land Surveyor, �14 'I'of�����tloaf�
sua �i
Texas No.4183 `wJ
Date of Survey: 02-20-02
Revised 4-18-02
EXHIBIT 8
EY: M. E. P. 8 P. R. R. SURVEY, ASS NO. 950 PROPERTY ADDRESS. STATE SCHOOL ROAD
TION. CITY OF DENTON, DENTON CO., TEXAS PERMANENT PUBLIC UTILITY EASEMENT.' 1.5782 ACRES
PERMANENT PUBLIC UTILITY EASEMENT
REVISED 4-18-02
P.O.B.
EXHIBIT 'A"
BRIGHTON DRIVE
R.0 W LINE
PROPERIYLINE
201.38 ACRES S89'19'56'W 17.30' -'—I I
DENTON STATE SCHOOL
VOLUME 435, PACE 12 11I o
D.R.T.C.T. i Ilq
I5
�I I g
JAI
II
�I J
I
0 300' 600' 11
GRAPHIC SCALE IN FEET
L10
1" = 300'
I`
II
I
I
I Q�
VARIABLE WIDTH
PERMANENT PUBLIC UTILITY EASEMENT —II O
1.5782 ACRES (68,744 Sq. Ft.) I� O
ml �
JI j
I0 J-Z
12
I Ig
I I<
PROPERTY LINE y7
iJ
201.38 ACRES I
DENTON STATE SCHOOL I Cl
VOLUME 435, PACE 12 I
D.R.T.C.T. `�\6 L7
48
NUMBER
DIRECTION
DISTANCE
U
N89'19 58 E
24.02
L2
501'41'33-E
1014.21'
L3
S00'l 3'23"E
111.67'
L4
S02'17'25-W
692.34'
L5
S02'19'10'W
212.64'
LG
562'09 55 E
152.15
L7
S02'04'13'W
26.65'
L8
N62'09'54'W
193.51'
L9
N01'41'33'E
973.72'
LID
N07.14.10 E
103.90'
L11
NOI-41'24"E 1
842.79'
ROBERT H. MITCHELL
RUTH MITCXELL
REMAINDER 5.278 ACRES I \
VOLUME 394, PACE 3
(FIRST TRACT)
D.R.D.C.T.
No.
DELTA ANGLE RADIUS IARC LENGTH ITANGENT
CHORD LENGTH
CHORD DIRECTION
C1
07'57'39' 1040.00' 144.50'
72.37'
144.38'
S 11'4408' W
C2
15-0014 1006.00' 263.44'
132.48'
1262.69
N 0911'40' E
SPOONER & ASSOC. 7417 CONTINENTAL TRAIL DATE 9-26-01
REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7—01
LAND SURVEYORS 817-281-2355 ACAD FILE 1053—EASE-8
REUSE WATER EASEMENT
THE STATE OF TEXAS,
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar-
dation, (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a water utility easement across the real property owned by Grantor, as described in
EXHIBIT "A" and illustrated in EXHIBIT `B", attached to and incorporated into this document by ref-
erence.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City this easement for the purpose of constructing, recon-
structing, installing, repairing, and maintaining water facilities, upon and across said premises, with the
right and privilege at all times of the grantee herein, his or its agents, employees, workmen and repre-
sentatives 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 water facilities or any part thereof. This grant
specifically includes the right to use, maintain, construct and reconstruct the existing elevated water
tank (the "Existing Water Tank")on the water tank site described and illustrated on EXHIBITS "A" and
"B". If the City permanently discontinues use of the Existing Water Tank (as definded in Section 9 be-
low), or upon cessation of this easement, it shall remove the Existing Water Tank from the water tank
site. Grantor represents and warrants that the City shall have a right of ingress and egress between the
Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the
"Current Access Drive"). Should the Current Access Drive be closed, Grantor shall an alternate access
drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT `B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erector place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the reuse water facilities. If the Grantor con-
structs or places buildings, signs, parking lots, driveways, private walkways, or other structures or im-
Page I of 4
provements over the permanent easement after execution of this easement document, the City may re-
move all or part of the structures and improvements as necessary to construct, reconstruct, replace, re-
pair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or
repair the structures or improvements and without any liability to Grantor including the obligation to
make further payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex-
pense. After completion of the initial construction, the City shall reinstall any fence or gate initially re-
moved or relocated to their original locations, or at the option of the Grantor, reimburse the Grantor for
the cost to reinstall any such fence or gate. The reimbursement amount shall be limited to the line item
cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the
City, may construct new fences and gates on the permanent easement after the date of this instrument
but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed
across the easement shall contain gates or removable panels so that the easement is readily accessible
by the City's employees and agents at all times. If the gates are to be kept locked by Grantor, the City
shall be provided the keys or other means, as applicable, so that the City may open all locks for access
without prior notice to Grantor.
5. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City or twenty
Page 2 of 4
years from the date of this easement, whichever occurs first. Pennanent discontinuation of use shall be
construed to mean no use of the easement for the purposes permitted by the easement for a period of at
least two years
10. Neither party has made any representations orpromises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall run with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Witness my hand, this the g? day of V LvLe— , 2002.
APPROVED A TO FORM
BY: 9
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
BY:
Name:
Title:
Address:
Page 3 of 4
ACKNOWLEDGMENT
THE STATE OF Texa.b §
COUNTY OF TrtwL s §
This instrument was acknowledged before me on 3um,;t 2002 by Ka �cvt F. c4a1�
WEN R. CRADDOCK
Mr CMWAWN M
Augud 31, 2004
Accepted this
073).
Un
Paul Williamson
day of
Notary Public, m and for the State of Texas
MyCorrmissionExpires:
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
2002 for the City of Denton, Texas (Resolution No. 91-
Page 4 of 4
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tract of
land conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Permanent Waterline Easement and being herein more particularly
described by metes and bounds as follows:
COMENCING from the northeast property comer of the said State School tract, said
commencement point being on the southerly right-of-way of Brighton Drive and on the apparent
westerly right-of-way of State School Road.
THENCE, South 2 degrees 30 minutes 51 seconds West, along the east property line of the said
State School tract and along the said westerly right-of-way of State School Road and generally
along a fence, 432.49 feet to a point;
THENCE, South 2 degrees 17 minutes 56 seconds West, continuing along the said east properly
line of the State School tract and along the said westerly right-of-way of State School Road and
generally along a fence, 657.62 feet to a point;
THENCE, North 87 degrees 42 minutes 04 seconds West 38.12 feet to the POINT OF
BEGINNING;
THENCE, South 01 degree 41 minutes 33 seconds West 24.00 feet to a point;
THENCE, North 87 degrees 47 minutes 57 seconds West 618.76 feet to a point;
THENCE, North 89 degrees 47 minutes 22 seconds West 35.11 feet to a point;
THENCE, North 70 degrees 36 minutes 06 seconds West 625.05 feet to a point;
THENCE, South 40 degrees 07 minutes 52 seconds West 119.03 feet to a point;
THENCE, South 83 degrees 50 minutes 50 seconds West 502.13 feet to a point;
THENCE, South 00 degrees 27 minutes 30 seconds West 56.24 feet to a point;
THENCE, North 89 degrees 32 minutes 30 seconds West 146.00 feet to a point;
THENCE, North 00 degrees 27 minutes 29 seconds East 150.00 feet to a point;
THENCE, South 89 degrees 32 minutes 30 seconds East 146.00 feet to a point;
THENCE, South 00 degrees 27 minutes 30 seconds West 77.65 feet to a point;
THENCE, North 83 degrees 50 minutes 57 seconds East 493.84 feet to a point;
THENCE, North 40 degrees 07 minutes 52 seconds East 123.67 feet to a point;
THENCE, South 70 degrees 35 minutes 34 seconds East 602.16 feet to a point;
THENCE, South 87 degrees 47 minutes 57 seconds East 681.37 feet to the POINT OF
BEGINNING;
Page 2 of 2
. EXHIBIT "A"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Permanent Waterline Easement being herein described contains 1.3233 (57,644
Sq. Ft.) of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
OF
�E....._.. rF
By:
SNAUN G. SPOONEN
Shaun Spooner .._._..... _...........
�:
£5510�' O�
Registered Professional Land Surveyor, %
Texas No. 4183
Date of Survey: 02-20-02
Revised 3-29-02
URVEY.' Al. E. P. 8 P. R. R. SURVEY, ABS NO. 950 PROPERTY ADDRESS:. STATE SCHOOL ROAD
CATION: CITY OF DENTON, DENTON CO., TEXAS PERMANENT WATERLINE EASEMENT: 1.3233 ACRES
EXHIBIT "A' PERMANENT WATERLINE EASEMENT POINT OF COMMENCEMENT
EXHIBITS'8',-C-,AND "D"TEMPORARY BRIGHTON DRIVE
:ONSTRUCTION EASEMENTS
Q.O.W. LINE
REVISED 3-29-02
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PACE 12
D.R.T.C.T.
EXHIBIT 'C") VARIABLE WIDTH
"EMPORARY CONSTRUCTION EASEMENT
).2361 ACRES (10,287 Sq. Ft.)
L26 \L2y
L11 L12 L13
L
L10 L24 rL25
� �
L7
PROPOSED WATER LINE EASEMENT
(EXHIBIT 'B') VARIABLE WIDTH
TEMPORARY CONSTRUCTION EASEMENT
0.5145 ACRES (22,415 Sq. Ft.) PRDPERTY
P.O.B. I
18� L19
L17
L1
P.O.B. L14
— IT1lZZ
EXHIBIT "D"
(EXHIBIT "D') VARIABLE WIDTH
TEMPORARY CONSTRUCTION EASEMENT
0.1878 ACRES (8,184 Sq. Ft.)
NUMBER
DIRECTION
DISTANCE
L1
501'41 33 W
24.00
L2
N87'47'57"W
618.76'
L3
N89'47'22"W
35.11'
L4
N70'36 06 W
625.05
L5
540'07 52 W
779.03
L6
583'50 50 W
502.13
L7
500'2730"W
56.24
N
N89'3230 W
146.0O
L9
N00'27 29 E
150.00
L10
S8932 30 E
146.00
L11
S00'27 30 W
77.65
L12
N83'5057 E
493.84
L13
N40'07 52 E
123.67
L14
S-7-0-3WM3 E
602.16'
55
587'47 57 E
681.37
L16
S01'41 33 W
75.00
L17
N70'35'34"W
480.7V
L18
N19'18'30"E
25.00'
L19
S70'34 40 E
511.02
L20
587'47 57"E
645.04'
L21
S70'29'01"E
13.89'
L22
540'07 52"W
729.14
L23
S83'50'50'W
508.85'
L24
N00'27'30"E
13.09,
L25
N83'51'09"E
487.09'
L26
N40'07'52"E
140.30'
L27
S70'41'31"E
90.04'
L28
S19-18 30 W
25.D0
L29
N70'3534 W
85.64
L—A
N87'42 04 W
38.12
P.O.B.
EXHIBIT "B"
L16,
EXHIBIT 'A"
(EXHIBIT 'A") VARIABLE WIDTH
PERMANENT WATERLINE EASEMENT
1.3233 ACRES (57,644 Sq. Ft.)
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PACE 12
D.R.T.C.T.
PROP£RNLINE
ROBERT H. MITCHELL )
RUTH MITCHELL
REMAINDER 5.278 ACRES
VOLUME 394, PACE 3
(FIRST TRACT)
D.R.D.C.T. )
�p .�p15yTER ff-F
0 300, 600' :..................:...
SHAUN C. SPOONER
.... •.R .....'. ....
'•< 4183183
GRAPHIC SCALE IN FEET • .ess�a • oQ'
1" = 300, suit
O
O
K
O
Z
U
U
ti
ti
h
REGISTERED PROFESSI(
LAND SURVEYORS
7417 CONTINENTAL TRAIL DATE 9-26-01
No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01
817-281-2355 1 ACAD FILE 1053—EASE-8
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS,
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Denton State School, by and through the Texas Department of Mental Health and Mental Retar-
dation (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a permanent public utility easement across the real property owned by Grantor, as
described in EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this
document by reference.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City the right to construct, install, reconstruct,
repair, relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines, valves,
facilities and appurtenances, electric poles, wires and related facilities, communication lines and other
public utilities and other related facilities in, on, over, under and across the permanent easement.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT `B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs
or places buildings, signs, parking lots, driveways, private walkways, or other structures or improve-
ments over the permanent easement after execution of this easement document, the City may remove all
or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter,
relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the
structures or improvements and without any liability to Grantor including the obligation to make ftniher
payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the public utility facilities, the City will remove or relocate the fence or gate at City of
Denton expense. After completion of the initial construction, the City shall reinstall any fence or gates
Page I of 4
initially removed or relocated to their original locations, or at the option of the Grantor, reimburse the
Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall be limited to the
line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,
but not the City, may construct new fences and gates on the permanent easement after the date of this
instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any
fences placed across the easement shall contain gates or removable panels so that the easement is read-
ily accessible by the City's employees and agents at all times. If the gates are to be kept locked by
Grantor, the City shall be provided the keys or other means, as applicable, so that the City may open all
locks for access without prior notice to Grantor.
5. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City. Permanent
discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by
the easement for a period of at least two years.
10. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall run with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Page 2 of 4
Witness my hand, this the day of Ui (, 2002.
APPROVED AS TO FORM
BY:
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
BY: 2199�
Name:
Title:
Address:
Page 3 of 4
ACKNOWLEDGMENT
THE STATE OF %axas §
COUNTY OF "%rer.✓i s §
This instrument was acknowledged before me on fv- 2002 by karavt F Na.le.
rMN P. CRADDOCK
my commosm WOOS
August 31, 2004
Accepted this day of
073).
BY:
Paul Williamson
Notary Pubhginand fortheState of texas
MyCanm»ssionExpires:
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
2002 for the City of Denton, Texas (Resolution No. 91-
Page 4 of 4
Page 1 of
EXHIBIT "A"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tract of land
conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed Records of
Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a proposed variable width
Permanent Waterline Easement and being herein more particularly described by metes and bounds as
follows:
BEGINNING at a point on the north property line of the said Denton State School tract said point also being
on the existing south right-of-way line of Brighton Drive and bears South 89 degrees 19 minutes 58 seconds
West, 17.30 feet from the northeast property comer of the said Denton State School tract;
THENCE, South 01 degree 41 minutes 33 seconds East 1,014.21 feet to a point;
THENCE, South 00 degrees 13 minutes 23 seconds East 111.67 feet to a point in a fence line on the east
property line of the said State School tract, said point also being on the apparent west right-of-way line of
State School Road;
THENCE, South 02 degrees 17 minutes 25 seconds West, continuing along the said east property line and
the said apparent west right-of-way line and generally along a fence, 692.34 feet to a point;
THENCE, South 02 degrees 19 minutes 10 seconds West, continuing along the said east property line,
apparent right-of-way line and fence, 212.64 feet to a point at the beginning of a curve to the right whose
center bears North 82 degrees 14 minutes 41 seconds West, 1,040.00 feet;
THENCE, in a southerly direction, departing the said east property line, apparent right-of-way line and
fence and proceeding along the said curve through a central angle of 07 degrees 57 minutes 39 seconds and
an arc length of 144.50 feet having a chord direction of South I I degrees 44 minutes 08 seconds West and
chord length of 144.38 feet to a point;
THENCE, South 62 degrees 09 minutes 55 seconds East, 152.15 feet to a point on an easterly property line
of the said State School tract, said point also being on a westerly property line of a tract of land conveyed to
Robert H. Mitchell and Ruth Mitchell by deed recorded in Volume 394, Page 3, D.R.D.C.T.;
THENCE, South 02 degrees 04 minutes 13 seconds West, along the common property line between the said
State School tract and the said Mitchell tract, 26.65 feet to a point;
THENCE, North 62 degrees 09 minutes 54 seconds West 193.51 feet to a point at the beginning of a non -
tangent curve to the left whose center bears North 73 degrees 18 minutes 13 seconds West 1006.00 feet;
THENCE, in a northerly direction, along the said curve through a central angle of 15 degrees 00 minutes 14
seconds and an arc length of 263.44 feet having a chord direction of North 09 degrees I I minutes 40 seconds
East and chord length of 262.69 feet to a point;
THENCE, North 01 degree 41 minutes 33 seconds East 973.72 feet to a point;
THENCE, North 07 degrees 14 minutes 10 seconds East 103.90 feet to a point;
THENCE, North 01 degree 41 minutes 24 seconds East 842.79 feet to a point on the aforementioned north
property line of the Denton State School tract and south right-of-way line of Brighton Drive;
THENCE, North 89 degrees 19 minutes 58 seconds East along the common line between the said State
School tract and right-of-way 24.02 feet to the POINT OF BEGINNING.
Page 2 of 2
EXHIBIT "A"
"CONTINUED"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Permanent Waterline Easement being herein described contains 1.5782 (68,744 Sq. Ft.) of
land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND
AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
TEgfo
�p.sp\s
N
E � N
BY:
SHAUN C. SPOONER
Shaun Spooner
4183
4183
gR7'�£SS�o�*o
��
Registered Professional Land Surveyor,
SUR,
Texas No. 4183
Date of Survey: 02-20-02
Revised 3-29-02
tl:RVEY: M. E. P. & P. R. R. SURVEY, ABS NO. 950 PROPERTY ADDRESS: STATE SCHOOL ROAD
OCATION.' CITY OF DENTON, DENTC CO., TEXAS PERMANENT WATERLINE EASEMENT: 1.5782 ACRES
:XHIBIT 'A' PERMANENT WATERLINE EASEMENT
REVISED 3-29-02
P.O.B. VA
EXHIBIT A"
BRIGHTON DRIVE L,
RO.W. LINE______
PROPERTY LINE .
201.38 ACRES S89°19'58"W 17.30'
DENTON STATE SCHOOL
VOLUME 435, PACE 12
D.R.T.C.T.
JII
II
I II J
ly
0 300' 600'
i II
- -
I Ih
GRAPHIC SCALE IN FEET
L10�Iyyyq
1" = 300,
I I'
I IJ
I
I
I
I
II
Q
(EXHIBIT 'A") VARIABLE WIDTH
I
I
Cc
PERMANENT WATERLINE EASEMENT
JO
1.5782 ACRES (68,744 Sq. Ft.)
—y
O
I J
U
mi
n
JI IJ
116
IQ
Ilk
I W
17
I x
I a
201.38 ACRES
DENTON STATE SCHOOL �( C1
VOLUME 435, PACE 12
D.R.T.C.T. AL<6 L7
ROBERT H. MITCHELL 1
RUTH MITCHELL
REM4INDER 5.278 ACRES
VOLUME 394, PACE 3
(FIRST TRACT)
D.R.D.C.T.
I
I
NUMBER
DIRECTION
DISTANCE
71
N89'19 58 E
24.02
L2
S01'41'33"E
1014.21'
L3
S00'13'23"E
111.67'
L4
S02'17'25"W
692.34'
L5
S02'19'10"W
212.64'
L6
S62'09 55 E
152.15
77
502'003"W
26.65'
L8
N62'09'54"W
193.51'
L9
NO7'41'33"E
973,72'
L70
N07'14'10"E
103.90'
Ltl
NOt'41'24"E
842.79'
No.
DELTA AN
RADIUS
ARC LENGTH
TANGENT
CHORD LENGTH
CHORD DIRECTION
C1
07'57'39'
1040.00'
144.50'
72.37'
144.38'
S 11'44'08
W
C2
I 10-OU 14
1006.09
1263.44
132.48
1252.69'
N 09'11'40"
E
OF
\ 5 TEgE F.l.
SHAUN G. SPOONER
..............
.. q ...4183 ; .
SPOONM & ASSOC. 7417 CONTINENTAL TRAIL FACAD
6-01 %
REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 761BO1053-7-01
LAND SURVEYORS 817-281-2355 E 1053—EASE-8