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Home My WebLink About2002-351 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS WOMAN'S UNIVERSITY TO ENABLE AN EXCHANGE OF EASEMENTS AND SERVICES TO ACCOMMODATE UTILITY RELOCATIONS AND EASEMENTS IN CONJUNCTION WITH THE WIDENING OF U.S. 380; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton and Texas Woman's University desire to enter into an Interlocal Agreement for the exchange of land for use as easements, pursuant to §791.028 of the Government Code, §272.001 of the Texas Local Government Code, and §2-127 of the Denton code of ordinances; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton an Interlocal Agreement with Texas Woman's University to enable an exchange of easements and services to accommodate utility relocations and easements in conjunction with the widening of U.S. 380 in substantially the same form as of the Interlocal Agreement attached hereto and made a part hereof by reference. Section 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the f day ofYmmk), 2002. UL B , M OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP OVED AS TO LEGAL FORM: HE ERT L. Y, CI Y ATTORNEY BY: 1 INTERLOCAL AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and Texas Woman's University ("TWU'). WHEREAS, the City and TWU desire to enter into an Interlocal Agreement to provide for City of Denton utility facility relocations and easements in conjunction with the widening of U.S. 380 (the "Project") as it affects the TWU golf course, pursuant to §791.028 of the Texas Government Code; and WHEREAS, TWU has previously granted to the City a utility easement dated August 17, 1967, and recorded in the Deed Records of Denton County under Volume 555, Page 363 (the "Existing Easement"); and WHEREAS, TWU has requested that it exchange a new City of Denton utility easement as more particularly described in Exhibits "A-1" and "B-1" attached hereto and made a part hereof by reference (the "Replacement Easement") to replace a portion of the Existing Easement as more particularly described in Exhibits "A-5" and "B-5" attached hereto and made a part here of by reference,.(the "Easement Abandonment") which will lessen the impact the utility facilities will have on the proposed greens for TWU's golf course; and WHEREAS, the Project also necessitates the City's acquisition of additional City of Denton utility easements as more particularly described in Exhibits "A-2", "B-277, 44A-3", "B-325 , "A-4" and "B4' attached hereto and made a part hereof by reference ("Exchange Easement 2,3 and 4" respectively) attached hereto and made a part hereof by reference (the Replacement Easement, Exchange Easement 2, Exchange Easement 3, Exchange Easement 4, and Temporary Construction Easement are collectively called the"Exchange Easements"); and WHEREAS, the Project and this agreement will benefit TWU, the City and its citizens and is in the public interest; and WHEREAS, the consideration for the promises contained herein represent fair market value for the property interests being granted or abandoned and fair and reasonable compensation for the services being performed under this agreement; and WHEREAS, all monies expended under this agreement are from current revenues of the paying Ply; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and TWU hereby agree as follows: 1. On or before 2002 a. TWU shall deliver the fully executed non-exclusive Exchange Easements to the City; and b. City shall deliver to TWU a certified copy of a City ordinance abandoning a portion of the Existing Easement (the"Abandonment Ordinance") 2. As additional consideration, and as a part of the Project; a. The City shall provide a casing upsize to accommodate not only the proposed City of Denton utility installation, but also three 4" poly pipe conduits (495 IS..) and stainless steel spacer upgrade as shown on plan sheet 25 (Exhibit "C"). The conduits shall be reserved for TWU's use at their discretion. b. The City shall provide a casing upsize to accommodate not only the proposed City of Denton utility installation, but also one 4" poly pipe crossing(135 IS) and stainless steel spacer upgrade as shown on plan sheet 9 (Exhibit "D"). The conduit shall be reserved for TWU's use at their discretion. C. TWU shall erect temporary fencing at such locations as to limit the Project contractor's equipment path and working area (generally 20' wide easement + 20' .wide working area) as more particularly described in Exhibit "A-6" attached hereto and made a part hereof by reference (the "Temporary Construction Easement"), within the TWU Golf Course area. d. The City shall cause the Project contractor after installation of the sewer and water facilities to leave the earthwork in accordance with City specifications. The City will restore all impacted areas in a workmanlike manner to a condition equal to or better than that existing prior to construction except that area within the Golf Course where TWU will be responsible for restoration of the grass. The City will use its best efforts to minimally interrupt play at the 8`h golf green. e. The City shall allow TWU the surface use of all easement area excluding the construction, erection or placement of any buildings, signs or other permanent structures, or portions thereof, in, on, or over the permanent easements. TWU shall have the right to make use of the easements for any purpose that does not interfere with the City's rights in the easements for the purposes granted, subject to the restrictions contained herein. TWU's right to use the easement shall specifically include the right to pave the easement areas for vehicular ingress, egress, and parking. 3. The City Council of the City and the Board of Regents of TWU have duly authorized this Agreement and the execution of same by the officers or agents who have signed below on their behalf. CADoe meats and Settings\bfloyd\Local SettingsUemporary Irrtemet Filesl0LK4I7\TWU Intfflocal Agee ft&TxDot Wideningi.doc Page 2 In fitness Where f, this eement has been executed by the parties to be effective this the day of 2002. CITY OF DENTON By: CICVI'L MIC L A. PNDUFF, CITY MANA R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BERBERT L UTY, ITY ATTORNEY BY: TEXAS WOMAN'S UNIVERSITY BY: DR. BRENDA FLOYD, VICE pikE§MENT FINANCE AND ADMINISTRATION APPROVED AS TO FORM BY: CA3ocaments and SettingsUloydg-oca1 SettmpUemporary itttemet Filesl0LK4MTWU kdalocal Agreement-TxDat Wideningl.doe Page 3 , 16015- Q 100-;5 y3-Q4' 01" 247 EASEMENT 049144 THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF DENTON § THAT Texas Woman' s University (Grantors) of Denton County, Texas , in consideration of the sum of ONE DOLLAR and NO CENTS ($1 .00) and OTHER GOOD AND VALUABLE CONSIDERATION in hand paid by the City of Denton, Texas, (Grantee) , receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Grantors and situated in Denton County, Texas, in the B.B.B. & C.R.R. Survey, Abstract No. 185 & the Wm. Crenshaw Survey, Abstract No. 318 & the N.H. Meisenheimer Survey, Abstract No. 811 . SEE ATTACHED EXHIBITS "A-1", "A-210,"A-3","A-4f',"B-1","B-2" , & "B-311, "B-4" FOR EASEMENT DESCRIPTIONS & ILLUSTRATIONS SEE ATTACHED EXHIBIT "A-6" FOR TEMPORARY CONSTRUCTION EASEMENT ILLUSTRATION And it is further.�agreed that. the City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining city utilities, in, along, upon and across said. premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs - to said facilities or any part ' 304 OT24`8 thereof. Upon conclusion of the initial construction, the temporary construction easement shall terminate. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand, this they'GLday of 2002 . Texas Woman' s University B 6;4 � Y� Dr. Brenda Floyd Vice President Finance & Administration ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § Th' s instrument was acknowledged before me on this the day of 2002 by Dr. Brenda Floyd. Notary Public, in an for the State My Commission Expires 3-a2 -D c5 "*a SUSAN G.TESTA `:' - Notary Public,State of Texas My Commission Expires March 22,2005 Accepted this the day of QCToB&o. ,2002 for the City of Denton, Texas (Resolution No. 91-073) . BY: lll///vvV �, 1 r Paul Williamson 5304 0-1249 o I i 1 n 14 14 l� QN Ln s , LO CD \ 1` IVA ;•ss CL CL Q t k�Q 53'04 0.11251 i---L. cty 1EXHIBIT "B-1'" DENNTON-1 LEGAL DESCRIPTION for a 20 foot wide Utility easement out of Wm. CRENSHAW SURVEYA-138 and the B.B.B. & C. RR SURVEYA.185 Denton,Denton County, Texas .BEING all that certain tract, parcel or strip of land out of B.B.B. & C. RR. Survey A-185 and the Wm. CRENSHAW SURVEY, A-318 in the City of Denton, Denton County, Texas as described by deeds recorded in Volume 328, Page 153 and Volume 256, Page 152 Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at a point for corner in the southeast right-of-way line of US Highway 380 (East University Drive) that is 350.6 feet, S73° 20' W from a concrete monument found for the point of tangent of the southeast right-of way line and 255.5 feet, N 77°47'E from s concrete monument found for the point of curve. of the same southeast right-of way line; THENCE.- with the said right-of way curve to the left;central angle of 0°35'15'; a radius of 3902.61 feet and whose center bears N14°05'06"W;an are distance of 49.02 feet to a point for corner,- from which a found iron rod with a Texas Department of Transportation ITXDDTJ cap bears N15°17'W, 0.3 feet; THENCE.• with the west line of a drainage easement, S15° 16'57"E, 50.13 feet to an iron rod found for corner with a TX00T cap, THENCE: S74°3543"W, 22.51 feet to a point for corner; THENCE. SI D°33'19"W,285.70 feet to a point for an angle point; THENCE.• S29 044'10"W, 47.73 feet to a point for an angle point; THENCE.- S01°2225"E, 241.96 feet to a point for corner in the center of an easement described by deed recorded in Volume 555, Page 363, Deed Records, of Denton County, Texas, THENCE- with the said easement,N870 34'W,.20.04 feet to a point for a corner, THENCE.- leaving the said center line, N01°2225"W, 246.20 feet to a point for an angle point; THENCE- N29°44'10"E, 49.92 feet to a point for an angle point; THENCE: N10033'19"E, 283.48 feet to a point for an angle point; THENCE. N1501657"W, 41.05 feet to the Place of Beginning and containing 0.309 acres of land more or less. I See Attached Exhibit A-jnj.S-0001) "Dedicated to Quality Service" www.citynfdenton,con: 5304 o,11252 �F } 5 l[Y. � L kj L-O.` C-1ct' [r C { Or y �- 'I Univcnad y Drive I POP.4KL.Ah ---- ;'1!c G I tPtLb„OM I . ""'--==�DId-i'LRL•t.P dCD `` f � LJ/Q?i��lV! rl�`-�e./��-� +// v I LLCG LInEC AYPN LR7. _ f o� 1.Bcahq 5y Cn taken fro"record dad. a. ,oi-o"m 5urvry o V 3, I-,nwHrarfazz6& o�O 4.set dia:hed Lcgd Dtxrlpllom �\O rxhrblf rt EXHIBIT "A-2" 1 r-" Svlvq 5kc1ch for f ermirri Vilify faxrx-rd«Ld of Me Ar fidl# 0. D, 0 e G Pr, .Survey A - 18S tPH& .WL-0007 Univen5d y Drive o Pe//Ave. I Ocdon, Demon Goudy, Texas he foregoing sketch and legal description were prepared -from an actual survey made on the ground. 1304- OT25 } . w . r . City of DENTON EXHIBIT "B-2" LEGAL DESCRIPTION for a Utility Easement out of the B.B.B. &C.RR SURVEYA-185 Denton,Denton County, Texas BEING all that certain tract, parcel or strip of land out of B.B.B. & C. R.R. Survey A-185 in the City of Denton, Denton County, Texas according to the tract described by deed recorded in Volume 256, Page 152 Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at an 'X'cut for a corner in the east right-of-way of BELL A!/ENUE at the intersection of the southeast corner clip for East University Drive, THENCE.- with the said right-of way corner clip, N45032 07"E, 37.43 feet to a iron rod with an aluminum disk marked TEXAS DEPARTMENT OF TRANSPORTATION; THENCE.- continuing with the south right-of way of East University Drive, N890 23'07"E, 8.52 feet to a point for a corner, THENCE: leaving the said right-of way line, SO°3072"W, 19.93 feet to a paint for corner, THENCE: S45°32107"W, 49.46 feet to a point for corner in the east right-of-way of Bell Avenue, THENCE- with the said east right-of-way line, NQ°30'12"E, 28.27 feet to the Place of Beginning and containing 953 square feet of land more or less. (see attached Exhibit B-jnj-L-0007) f "Dedicated to Quality Service" ww w.cityofden ton.coin Lt EXHIBIT "A-3" 5 FOOT PUBLIC UTILITY EASEMENT = (THE STATE OF TEXAS TRACT) ------------ ti t. 50 0 50 t ti; SCALE FEET 1"=50' TRACT TWO STATE OF TEXAS FIRST TRACT STEVEN J. KLIR cv VOL. 342, PG. 346 BLANCHE GINNING5 VOL. 2742. PG. 379 ro D.R-D.C-T. m VOL. 1044, PG. 295 D.R.D.C.T. D.R.D.C.T. 0.398 Acres PROPOSED 5' PUBLIC laJ o UTILITY EASEMENT > 0.01 1 Acres < = N0014'06E 5.00 S89'36'48"E 94.50' S00'15'05"W 5.00' Lam' N 89.36'48• W 568,76' a N89'36 48 W' 94.50 TxOOT POINT OF POINT OF ALUMINUM COMMENC NG HWY MON BEGINNING (CONTROL MONUMENT) Notes: UITVERSITY DRIVE 'U.S. HWY —0) o 1. Basis of Bearings is the north line of university (80' right—of—way) 90 Drive (U.S. Hwy 380) according to TXDOT Plans of Proposed Right—of—Way Project No. 0135- 10-041 and as monumented on the ground. 2. Property subject to easements of record. 3. Surveyor did not abstract the property. I:\CADO\SURVEY\01\2001033-50\2001033-EXHISIT.DWO TR4 TAN 1 EXHIBIT S HO WING A DUNAWAY ASSOCIATES, Inc. 5 FOOT PUBLIC Gj,•N�;:� C,1_-'.Sn�, ENGINEERS — PLANNERS — SURVEYORS UTILITY EASEMENT i ` 1501 KERRII(AC CIRCLE, SUITE 100 •� 41' FORT WORTH. TEXAS 76107 SITUATED IN THE f1— JOHN N.CORDLF' C��1 PH-(817)335-1121 LETRO(817)429-2135 •••t•••••••••.....1.., RAX(817)335-7437 N.H. MEISENHEIMER SURVEY <•''�9o2 0-'t3�P:'Q ABSTRACT NO. 811, CITY OF DENTON, SU RA JOHN N. CORDLE DENTON COUNTY, TEXAS ®RISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 2026 MAY 31, 2001 DAJ JOB NO. 2001033-50 5-304 01i255 EXHIBIT "B-3" LEGAL DESCRIPTION 5' PUBLIC UTILITY EASEMENT (The State of Texas Tract) BEING a tract of land situated in the N.H. Meisenheimer Survey, Abstract Number 811, City of Denton, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 342, Page 346, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a Texas Department of Transportation aluminum highway monument found at the intersection of the north right-of-way line (80' right-of-way) of University Drive (US Hwy. 380) and the west right-of-way line of Bell Avenue (100' right-of-way); THENCE N 89036'48" W, with said north right-of-way line, a distance of 568.76 feet to a point in the east line of said State of Texas tract for the POINT OF BEGINNING; THENCE N 89036'48" W, continuing with said north right-of-way line, a distance of 94.50 feet to a point for corner in the west line of said State of Texas tract; THENCE N 00°14'06" E, along the west line of said State of Texas tract, a distance of 5.00 feet to a point for corner; THENCE S 89036'48" E, departing the west Iine of said State of Texas tract and being parallel to and 5 feet perpendicular distance from the said north line of University Drive, a distance of 94.50 feet to a point for corner in the east line of said State of Texas tract; THENCE S 00015'05" W, along the east line of said State of Texas tract, a distance of 5.00 feet to the POINT OF BEGINNING and containing 473 square feet or 0.011 acres of land. (Jo n N. Cordle ...., ' LS No. 2026 Jor!N N. Dunaway Associates, Inc. Job No. 2001033.50 �9,�.:°FES: �: .�G�•�� May 31, 2001 8L'RJY ' NOTE: Basis of Bearings is the north line of University Dr. (U.S. Hwy 380) according to TxDOT Plans of Proposed Right-of-Way Project No. 0135-10-041 and as monumented on the ground. Property is subject to easements of record. Surveyor did not abstract the property. A plat of even survey date herewith accompanies this legal description. 11SVFW011Cadd\Survey\0112001033-501esmt4lgl.doc 5304 01256 ly .i "'• of a:: 9 ApO1�lON BLOCK gROwAW p�208,PRp�� 1 i 15 14 1 10 9 I I , NV/•l7r�!„� WOODLAND DRIVE 5 45`20'W 1 f Volume 328, Page 153, D.R.D.C.T. b 0 fl \N S N b O w GR�NSA 31a �\ 50 100 \ \ 0 f^'1 0 L/ SCALE:V- 5a UTILITY EASEMENT \ \ O.I532 Acs.� \ \ Trees \ \ � NorES; \ \\� I.beadrg5yafcnlakm/ronacorddad. �\ \� Q _ 3.5uvry i�nun•faelaa6fc . ,� G�\\ \`� � 9.5rr dfwJacd l-�qd De�orFliom e,MbX D c"� \ 'in i--0025 _QD _76C'0f 'W 38 0 EXHIBIT "A-4" Ir ``� -�a 5c�ivcy etch for Ufi/if ',:2 0,1832 AC5,oul of the W,Gens ey how 5u v it 318 .:., •I}�.. �I d.an Ma no. v.5, flW , 580 Denlon, Denlon Gounly, Texas The foregoing sketch and legal description were prepared from an actual survey mode on the ground. 5.3 0-4 O T-215 8 , city of DENTON EXHIBIT "'13-4" Legal Description for a Utility Easement out of the W. CRENSHAW SURVEYA-318 Denton, Denton County, Texas Being all that certain tract,parcel, or strip of land out of the W. CRENSHAW SURVEYA-318 in the City of Denton, Texas as described by deed recorded in Volume 328, Page 153, Deed Records, Denton County, Texas and being more particularly described as follows: COMMENCING at a found 112"square tube for the southeast corner of Lot'9,"block D, BROWNWOOD ADDITION, as recorded in Cab. A, Slide 208, Plat Records, Denton County, Texas, said corner being in the north right-of-way line of Woodland Street,• THENCE,•S 00°05'49"E,50.00 feet to a point in the south right-of way line of said Woodland Street; THENCE'S 89'54'11"W, almg said south line, 520.70 feet to the POINT OF BEGINNING; THENCE;leaving said north line, S 45°20'W, 74.75 feet toan angle point; THENCE,•S 23 051'43"F 322.33 feet to a point for corner, said point being in the proposed north right-of-way line for U.S. Hwy. 380,• THENCE,S 76°04'40"W almg said north line, 20.30 feet to a point for corner, - THENCE,•leaving said north line, N 23°51'43"W, 33263 feet to an angle point; THENCE,•N 45°20'E, 68.24 feet to a point for corner, said point being the south right-of way line of Woodland Street; THENCE,•N 89'54'11 Y along said south right-of-way line, 28.50 feet to the POINT OF BEGINNING and CONTAINING 0.1832 acres of land more or less as surveyed by John nail jr. rpls #1970 during the month of July 2002. See attached Survey Sketch jnj.S-0006 "Dedicated to Quality Service" www.cityofden ton.com EXHIBIT "A_ 6 ,� 30 0 .9 � 9 �1 20' WIDE J TEMPORARY CONSTRUCTION EASEMENT f '1 �1 ,3� 1 5 20 WIDE TEMPORARY o CONSTRUCTION EASEMENT o 260 I..� ICHRESTRtCTS THE SALE,RENIAL,ORUSL AN}ppOV[SIDN Hf� ^•� Ty$ERTY BECAUSE OF COLOR Op RACE IS "",EDESCPI j gF'jFA PFFnERAL LAW INt,nl,paNP,k� c� P�Gn.. TH6 crntF f+T FPS pin the File NUmber se6uehce on COUN•v ar kdF{'� hNK�I�1f�'2�I}i�9 �Lc`.-. n�C0ADE0.in tha t hereby ca�N 'I neina�d�e,•nr 6y men 9nd wed lv o�a..in..m.roiZ pe.a..rce�n<y,a.dsbn the dale and INw Mir Ott.cidt Pub%c R—' APR 0 � ZUD3 CJ�,Qenror,Ca G` 1 COUNT`!CLERK o #**/ DENTON COUNTY'TE%l6 DENTIN MNWOc l i n:CYNTH I A M I TCHLLL, COUNTY CLERK On Apr 03 2003 At 11: 16am City of Denton Receipt #: 19493 Engineering Department Recording: 29.00 g g p Doc/Mgmt : 6.00 City Hall East Doc/Num : 2003-R0049144 Doc/Type • EAs 601 E. Hickory, Suite B Deputy -ERIN Denton, Texas 76205 Attention: Paul Williamson