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Home My WebLink About2001-478S \Our Documents\Ordmances\01\Southwestem Gas ROW Agreement doe ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RIGHT OF WAY AGREEMENT WITH SOUTHWESTERN GAS PIPELINE INC, FOR A GAS PIPELINE LOCATED IN THE J MCDONALD SURVEY, ABSTRACT NO 1610, DENTON COUNTY, TEXAS, AUTHORIZING THE ACCEPTANCE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute a Right of Way Agreement with Southwestern Gas Pipeline in substantially in the same form as the agreement attached hereto and made a part hereof by reference for a gas pipeline to be located on real property owned by the City of Denton, and to accept funds therefore SECTION 2 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /0- day of ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY,�ATTORNEY 1-9 Line Name Allison rest Expansion Line No 3235 ArC 04995 RIGHT OF WAY AGREEMENT THE STATE OF TEXAS THE COUNTY OF DENTON For and in consideration of TEN Dollars ($1000) and other good and valuable consideration in hand paid the receipt and sufficiency of which is hereby acknowledged the undersigned (hereinafter called GRANTOR whether one or more) does hereby GRANT BARGAIN and CONVEY TO SOUTHWESTERN GAS PIPELINE INC, PO BOX 4000 WOODLANDS TEXAS, 77387 its successors and assigns (hereinafter called GRANTEE) a right of way and easement along a route (the location of the pipeline, to evidence such a route) to construct, maintain operate, repair alter replace change the size of and remove or abandon in place one pipeline and appurtenant facilities for the transportation of oil gas petroleum products saltwater or any other liquids, gases (including inert gases) or substances which can be transported through a pipeline across under and upon the lands ("said lands ) of GRANTOR In the County of DENTON State of Texas to wit All that certain tract or parcel of land containing 31 10 acres more or less in the W Nell Survey, Abstract 970, the I Hembrle Survey, Abstract 594, the J McDonald Survey, Abstract 873 and the J W Kjellberg Survey, Abstract 1610 and being the same land described in Exhibit A of that certain Judgment No CV 92 00520 A the City of Denton Plaintiff, vs M T Cole Trust Number One through its Cc Trustees defendants dated July 7 1993 and recorded under Instrument Number 94 R0071013 Real Property Records of Denton County Texas The right of way shall be seventy five feet (75') in width during construction of the pipeline provided for herein and will revert to a permanent easement thirty feet (30 ) in width SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADF A PART HEREOF FOR A MORE PARTICULAR DESCRIPTION OF THE RIGHT OF WAY AND EASEMENT GRANTOR hereby reserves the right to use said land in any manner that will not prevent nor interfere with the exercise by GRANTEE of its rights hereunder provided however that GRANTOR shall not construct nor permit to be constructed any house building or any other structure on the easement area or other facility commuted by GRANTEE hereunder without express prior consent of the GRANTEE GRANTOR herein agrees not to change the grade over such pipeline In addition Grantee shall have all of the rights and benefits necessary and convenient for the full enjoyment and use of the rights herein granted including but not limited to the right of ingress to and egress over and across said lands to and from said right of way and easement and the right from time to time to cut all trees undergrowth and the other obstructions that in its judgment may injure endanger or interfere with the exercise by GRANTEE of the rights privileges and easements herein granted The GRANTEE shall have the right to assign the grant or any rights herein granted in whole or in part GRANTOR hereby expressly agrees that in the event the route of the pipeline to be constructed hereunder should cross any roads railroads creeks or other waterways located on the above described land or other places requiring extra work space or if the rights granted to GRANTEE hereunder require extra work space then GRANTEE shall have the right and temporary access to additional working space which may be necessary therefor and GRANTEE agrees to pay GRANTOR any and all damages which GRANTOR suffers by reason of GRANTEES use of said additional work space TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the right and easement herein granted or any one of them shall be used by or useful to GRANTEE for the purpose herein granted the undersigned hereby bind themselves their heirs executors and administrators (and successors and assigns) to warrant and forever defend this right of say and easement unto the GRANTEE its succc.,sors and as,n irs against every person whomever lawfully claiming or to claim the same or any part thereof The GRANTEE agrees to bury all pipe below normal plow depth and to pay for any physical damage to growing crops timber fences or other structural improvements caused by GRANTEE'S construction maintenance operation repairing alteration, replacement or removal of said pipeline and appurtenant facilities It is understood and agreed that the consideration herein paid does include payment of the initial construction crop and land surface damages I mi Nomc A@san I yes 1 xpannon Line No 1215 All 6 4995 It is a6acd that this grant coves all the agiununts bclwun the parta.s and that ao u.puaunanoo w staLLnwns vubal or written have been made modifying adding to or changing the to= of this Agreement IN TESTIMONY WHEREOr the GRANTOR herein has executed this conveyance this _ day of 2001 CRANI OR CITY OF DENTON BY STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _ day of APPROVED AS TO CITY ATTOR''N'""EY CITY OF DN4 13Y 2001by as of City of Denton on hchalfs ud corporation EXHIBIT "A" CENTERLINE DESCRIPTION CITY OF DENTON Being the centerline description of a thirty (30) feet wide permanent easement and right-of-way, out of the J McDonald Survey, Abstract No 873, W Neil Survey, Abstract No 970 and the J W Klellberg Survey, Abstract No 1610, Denton County, Texas and being through that certain 31 107 acre tract of land described by Judgement award of special commissioners, filed for record on September 13, 1994, under County Clerk Number 94-R0071013 of Denton County, Texas and being more particularly described as follows BEGINNING at a point on the west line of the said 31 107 acre tract of land, said point bears S 08°12'26" W, a distance of 155 64 feet from the calculated northwest corner of the said 31 107 acre tract of land, THENCE, S 44°49'05" E, a distance of 1192 38 feet to the TERMINAL POINT of the herein described permanent easement and right-of-way, said point being on the south line of said 31 107 acre tract of land and bears S 89057'37" W, a distance of 537 46 feet from the calculated southeast corner of said 31 107 acre tract of land Total length of this easement being as 1192 38 feet or 72 27 rods and containing 0 82 acres of land, more or less Bearings are based on the UTM Coordinate System, Zone 14, NAD 27 obtained by GPS observations 9L6 OI William J ash, Jr Registered Professional Surveyor No 3808 V , 10 18am From- T-705 P D01/001 F-296 5 DWG 05SEPOI 1338 SF 500 00 IMP JEG17L1 DENTON COUNTY TEXAS 24 M T COLE SR ET AL VOL 249 PG 387 Denton County Dead Rea W NEIL A-970 S 0812 26 W j 15564 1 R POINT OF 6 BEGINNING GRID N 12052241 777 GRID E 2191007 235 CITY OF DENTON E LATITUDE 33011 21 671 31107 AC ' LONG 1 TUDE -97011 ' 59 340 D C C F y94—R0071013 J MDDONALD I PROPOSED I HEMBR/E A-873 ro A-594 s 30 EASEMENT I :f 1 WOW It ! POINT 89 57 37 W f 537 46 1 tS GRID IN 965 GRID E 21918475691 J W LATITUDE 33011 13 160 f KJELL LONGITUDE -97011 49 623 i A-1610 26 } 1r M T COLE SR ET AL VOLPC 387 I ty Dead Rae Denton on County wonam J Cosh Regmlered Professional Surveyor Bearings ore based on the UTM Coordinate System No 3808 Zone 14 NAD 27 obtained by GPS observation EXHIBIT "B" TOTAL LENGTH 119238 FEET SOUTHWESTERN GAS PIPELINE, INC TOTAL LENGTH 72 27 RODS P 0 BOX 4000 TNC WOODLANDS TX 7738e ALLISON EAST EXPANSION 30 EASEMENT CROSSING PROPERTY OF CITY OF DENTON %( NWSTOM TEXA9 h AO 77A A1419A A1186A A0851A a 0 t t, nr A0070A A1285A Yet t ■♦err■+1`'r+' ♦♦ I A1540A AO873A ♦♦ I TPE t♦♦ A0594A A1810A i ♦♦♦ i A1468A ♦. iI A A1655A N A0328FI