HomeMy WebLinkAbout1999-188F \shared\dept\LGL\Our Documenta\Ordniances\99\Unicorn Lake Wmdiammer doc
ORDINANCE NO q9 - / 0 0
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH WINDJAMMER, LTD,
RELATING TO PURCHASE OF RIGHT-OF-WAY AND THE CONSTRUCTION OF
CERTAIN PUBLIC IMPROVEMENTS IN UNICORN LAKE, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute an Agreement on
behalf of the City of Denton with Windjammer, Ltd, substantially in the form of the attached
Agreement which is incorporated herein for all purposes, relating to the purchase of property in
Unicorn Lake for street right-of-way and the construction in part of Wind River Lane
SECTION II. That the City Manager is authorized to make the expenditure of funds as
provided in the attached Agreement
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the —L� day of _, 1999
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
ZEWWAIFANCOWN
I MAI
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AGREEMENT
AGREEMENT dated / ' I Z O 1999 between the City of Denton
("City") and Windjammer, Ltd
WITNESSETH
WHEREAS, Windjammer, Ltd ("Owner") is the owner of certain land in Denton
County, Texas, which is being developed ("Project") to be known as UNICORN LAKE, and
WHEREAS, the Project will benefit the City, and the City and Owner reached certain
agreements regarding assistance the City will provide in connection with development of the
Project,
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows
The Owner shall dedicate an eighty (80) foot wide right-of-way through the
Project to connect the terminus of Wind River Lane at the east line of Wind River
Estates, Phase VII, an addition to the City of Denton recorded in Cabinet P, Page
151 of the Plat Records of Denton County, Texas to the southbound service road
of Interstate Highway 35 East as described by metes and bounds on Exhibit "A-1"
and illustrated on Exhibit "A-2", both attached herewith
2 The typical platting process for the Project would entail a right-of-way dedication
for Wind River Lane of sixty (60) feet in width as per the current Denton Mobility
Plan, Roadway Component The timing of the Project is such that is desirous to
build the road prior to formal platting activity to expedite the public's use of Wind
River Lane as a connection from Teasley Lane / Lillian Miller Parkway to the
Interstate 35 East southbound service road The City of Denton hereby agrees to
participate in the cost of the additional twenty (20) feet wide right-of-way yield as
an oversize measure The City of Denton shall pay EIGHTY-FIVE THOUSAND
NINE -HUNDRED AND TWENTY TWO DOLLARS AND NO CENTS
($85,922 00) for the additional twenty (20) feet wide nght-of-way included in the
overall dedication
In addition to the City's above -mentioned monetary participation in the nght-of-
way for Wind River Lane, the City hereby agrees to participate in the cost of the
said Wind River Lane construction from the terminus of Wind River Lane at the
east line of Wind River Estates, Phase VII, an addition to the City of Denton
recorded in Cabinet P, Page 151 of the Plat Records of Denton County, Texas to
the southbound service road of Interstate Highway 35 East The City shall pay
either (a) ONE HUNDRED AND FOURTEEN THOUSAND SEVENTY EIGHT
DOLLARS AND NO CENTS ($114,078 00) or (b) an amount not to exceed 30%
of the total contract for the required facilities, whichever is less, as provided for in
§212 072 of the Texas Local Government Code, as participation in the paving and
drainage improvements necessary for the construction of the above -mentioned
section of Wind River Lane
The Owner and City hereby acknowledge that the above -mentioned participation
payments for the right-of-way and construction costs of said Wind River Lane
shall only be disbursed upon full execution and acceptance of development
contracts by the City for the said Wind River Lane road project along with the
execution and acceptance by the City of the "Dedication of Property For Public
Use" document for the above -mentioned eighty (80) foot wide Wind River Lane
right-of-way dedication
5 OWNER, ITS HEIRS, SUCCESSORS AND ASSIGNS AGREE TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE CITY OF DENTON FROM
AND AGAINST ALL CLAIMS OR LIABILITIES ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT
6 This agreement 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
This agreement 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 This agreement shall be filed in the Real Property Records of Denton County and
shall constitute covenant running with the land
EXECUTED this 'day of 7- 1999
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
�,0
Page 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
OWNER WINDJAMMER, LTD
/! BOB S_ GENERALPARTNER
STATE OF TEXAS
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
191E, by Michael W Jez, City Manager of the City of Denton, a munici corporation, on n
behalf of said corporation / / P
ANN FORSYTHE
. (1, Notary Public, stele of Texas
s1``r*,,llWWww►►�j''!!�b My Commiealoe Expires
pR{,,11t MAY B, 2002 Not Public,
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the C 0+—' day of
1991) , by Bob Shelton, General Partner, Windjammer, Ltd
-----------------
me o L YOORE
3tette of Texae
I(SCam Eqa Ixt•4�201t
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Notary Pubh , Styte of Texas
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