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Home My WebLink About1999-227FILE REFERENCE FORM 99-227 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act X Other riLrlJ) Date Initials Document has been filed with the County Clerk's Office -original County document included with file but not imaged 1W P Xia "toLL LW rWu Mr Wburcdl9➢\Novar ulclnu uJblu mumunLd ORDINANCE NO 'v? AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND PAUL KOVAR, AUDREY DIANE SHAW AND SUSAN KOVAR SMITH, REGARDING THE DEFINING OF AN ELECTRIC UTILITIES EASEMENT GRANTED TO THE CITY FROM A BLANKET EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF DENTON FROM BRAZOS ELECTRIC POWER COOPERATIVE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute an Easement Agreement between the City and Paul Kovar, Audrey Diane Shaw, and Susan Kovar Smith in substantially the form of the Easement Agreement which is attached to and made a part of this ordinance for all purposes, for the defining of an electric utilities easement granted to the City of Denton from a blanket easement previously assigned to the Brazos Electrical Power Cooperative SECTION II That this ordinance shall become effective immediately upon its passage and approval h PASSED AND APPROVED this the l3day of , 1999 JACMjLtER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY�L APP OVED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY (. ; l STATE OF TEXAS COUNTY OF DENTON EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS I GRANT OF EASEMENT 1 THAT WE, PAUL KOVAR, AUDREY DIANE SHAW and SUSAN KOVAR SMITH, as Grantors, for the sum of TEN AND NO/100 DOLLARS ($10 00), and other good and valuable consideration to the undersigned paid by the Grantee herem named, the receipt of which is hereby acknowledged, have GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY to the CITY OF DENTON, TEXAS, as Grantee, an easement for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing utility transmission and distribution Imes through and across the following described property, to wit See attached Exhibit A which is incorporated by reference as if fully set forth herein Together with the free right of ingress and egress over and across such property, insofar as such right of ingress and egress is necessary for the purposes listed above 2 It is expressly understood that this easement is given as a designation of the location for the easement previously granted Brazos Electrical Power Cooperative, Inc in the following documents 1 Easement granted by Arch Brown et ux, rec in Volume 384, Page 119, Denton County, Texas, filed October 20, 1952 — F Curbier Survey, Abst #300, and assigned to the City of Denton, Texas, By Brazos Electric Power Cooperative, Inc in a document dated October 23, 1987, and recorded at Vol 2736, Page 825, Real Property Records, Denton County, Texas 3 The above -described easements assigned to the City of Denton are blanket easements and did not describe the area where the distribution and transmission Imes are located The present record owners of the land referred to above have requested the City release the area embraced within said blanket easement in favor of this designation of location as described in attached Exhibit A The City of Denton, Texas, acting by and through its duly authorized representative, Michael W Jez, City Manager, does hereby release its claim to said properties other than the easement designated herein and which is described in attached Exhibit A 1 II CHARACTER OF EASEMENT The easement granted herein is appurtenant to the dominant tenement 2 Grantors retain, reserve, and shall continue to enjoy the use of the surface of such property for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the herein granted easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, planting or parking areas and other like uses and/or to dedicate all or any part of the surface of the property affected by tlus easement to any city for use as a public street, road or alley III DURATION OF EASEMENT 1 The easement, rights, and privileges herein granted shall be perpetual Grantors hereby brads themselves, their successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right unto Grantee, its successors and assigns, against every person whomever lawfully claiming or to claim the same or any part hereof IV EXCLUSIVENESS USIVENESS OF EASEMENT 1 The easement, rights, and privileges granted herein are exclusive, and Grantors covenant that they will not convey any other easement or conflicting rights within the area covered by this grant without written permission 2 Grantee shall have the right to cut and trim trees or shrubbery which may encroach upon the easement area herein conveyed, and Grantee shall dispose of all cuttings and trimmings either by piling and burning within the easement area or by loading and hauling away from the premises. V TERMINATION 1 The easement, rights, and privileges granted hereunder shall terminate when, or at such time, as the purpose hereof is abandoned by Grantee VI ENTIRE AGREEMENT 1 This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged VII 1 This Agreement shall bind and mure to the benefit of the respective parties, their representatives, successors, and assigns IN WITNESS WHEREOF, this instrument is executed this ih day of 1999 OWNERS r BY &Jtl� BY ur PAM KOVAR A REY D SHAW BY 4, SUSAN KOVAR SMITH CITY OF DENTON, TEXAS K Opp 1 .�_fto-_�W�,7.TtZ,CILTY.IfANAGER +. STATE OF TE COUNTY OF !�/+ This instrument was acknowledged before me on the I C day of QY,�, 1999, by Paul Kovar CAROLYN VAVRA L� G V� Notary Public, State of Texas Myy Commissioner NOTARY -PUBLIC IN AND FOR TEXAS OCTQBER 31, Commission Expires %O- 3 /-dDOD STATE OF TE S COUNTY OF -Tk This instrument was acknowledged before me on the day of, 1999, by Audrey Diane Shaw KEN KUNZMAN My Commission Expires Apol 19, 2001 JBLIC IN AND FOR TEXAS Expires 4- - 14 - Zo o I STATE OF TWS COUNTY OF This instrument was acknowledged before me on the day of7�4,.kt, - 1999, by Susan Kovar Smith 1 KEN KUNZMAN /\ My Commission Expires 1f April 19, 2001 $6TARJ PUBLIC IN AND FOR TEXAS fi`* ssion Expires —t S" Zp6t STATE OF TEXAS COUNTY OF DENTON _i4ck-5velAo, instrumen�+�, owledged before me on the 1999 by tanager of the City of Dento on behalf of said corporation y..k JENNIFER K WALTERS Norari poM1lie store oflbxoa My C➢nmmresrnn Expires 11 December 19, 2002 � �t day of �r n, Texas, a mumcipal orpo tion, �]v Return To City Of Denton Engineering & Transportation Ow 221 North Elm Street Denton, Texas 76201 Attention PAW— WILuAM60/4 EXHIBIT "A" page 1 of 2 BEING A 100 FOOT ELECTRIC LINE EASEMENT LYING AND BEING SITUATED IN THE F CURBIER SURVEY, ABSTRACT NUMBER 300, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 18 2991 ACRE TRACT DESCRIBED IN A DEED TO AUDREY DIANE SHAW, ET AL, RECORDED UNDER COUNTY CLERKS FILE NUMBER 97-R0085071, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING PART OF TRACTS 1 AND 3, AS DESCRIBED IN A DEED TO PAUL KOVAR, RECORDED IN VOLUME 3124, PAGE 103 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND ALSO BEING PART OF A TRACT DESCRIBED IN A DEED TO PAUL KOVAR, RECORDED IN VOLUME 1107, PAGE 127, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A FOUND IRON PIN AT THE MOST EASTERN SOUTHEAST CORNER OF SAID 18 2991 ACRE SHAW TRACT, AND THE SOUTHWEST CORNER OF A TRACT DEEDED TO DAVID R HUNTER, ET UX, RECORDED IN VOLUME 4009 PAGE 1370, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 88 DEGREES 45 MINUTES 57 SECONDS EAST, WITH THE SOUTH BOUNDARY OF SAID DAIVID R HUNTER TRACT, AND THE NORTH BOUNDARY OF SAID KOVAR TRACT 3, A DISTANCE OF 43 68 FEET TO A CORNER, THENCE SOUTH 32 DEGREES 50 MINUTES 09 SECONDS WEST, A DISTANCE OF 472 80 FEET TO AN ANGLE POINT FOR CORNER, THENCE SOUTH 33 DEGREES 20 MINUTES 51 SECONDS WEST A DISTANCE OF 215 58 FEET TO A CORNER ON THE SOUTH LINE OF SAID KOVAR TRACT RECORDED IN VOLUME 1107, PAGE 127 DEED RECORDS, DENTON COUNTY, TEXAS AND BEING THE NORTH LINE OF A TRACT DEEDED TO MYOUNG-S CHOI, ET AL, RECORDED IN VOLUME 4100, PAGE 338, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, THENCE NORTH 86 DEGREES 26 MINUTES 51 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID KOVAR TRACT AND THE NORTH LINE OF SAID MYOUNG-S CHOI TRACT, A DISTANCE OF 115 23 FEET TO A CORNER, THENCE NORTH 33 DEGREES 20 MINUTES 51 SECONDS EAST, A DISTANCE OF 272 40 FEET TO AN ANGLE POINT FOR CORNER, THENCE NORTH 32 DEGREES 50 MINUTES 09 SECONDS EAST A DISTANCE OF 552 08 FEET TO A CORNER ON THE EAST LINE OF SAID SHAW TRACT AND THE WEST LINE OF SAID HUNTER TRACT, THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS WEST ALONG THE EAST BOUNDARY OF SAID 18 2991 ACRE SHAW TRACT AND THE WEST LINE OF SAID HUNTER TRACT, A DISTANCE OF 120 30 FEET TO THE POINT OF BEGINNING AND CONATINING IN ALL 1 676 ACRES OF LAND 33 1 32 1 31 R 0 EOMBIT "A" page 2 of 2 S � tl 5 3�� No C, J (�, P AUDREY DIANE SHAY L �(• S '( SUSAN KDVAR SMITH r.C# 16 R"I ACRR�9R P jgj �L,RA�UyL� KDVAR 1D C v VO,�LLL1FD 103 11 /#" h 66„ tv NR Rq , ,40 gg `, 239 59, N8612 23}•W 115 x MYOUNGCHGI, CHGI VOL 41 CH I VOL 4100 PG 338 R P R MAM •S*S�� r r 8N1 f 8 fO 8B KATHY D HUNTER I V OL 4009 PG,1370 RPR I I i i x vRi � aaa/tea/ I j I I I I x I �588.457'E j 1 43 88'45 1676 AC IN ESM'T I I I I x1 I x I I � III1 1 ♦, I I x iI I III o 9 Ilx TIII x xl I • I i x � X � x JOB/30896 WGINEERS & SURVEYORS W. HICKORY, DEMON, TOM 70201 Am