HomeMy WebLinkAbout2003-128 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; 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 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 ���� day of 12003.
CL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP OVED S TO LEGAL FO .
HERBERT L. PR Y, CIT TTORNEY
BY:
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, pursuant to §791.028 of the Texas
Government Code; and
WHEREAS, TWU has previously granted to the City a utility easement dated November
16, 1938, and recorded in the Deed Records of Denton County under Volume 276, Page 524 (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-l" and `B-l" and temporary construction
easement as more particularly described in Exhibits "A-2" and`B-l" attached hereto and made a
part hereof by reference (the "Replacement Easements") to replace the Existing Easement in
order to reroute the existing sanitary sewer line around TWU's new Chiller Plant Facility; and
WHEREAS, the Project also necessitates the City's acquisition of additional City of
Denton utility easements as more particularly described in Exhibits "A" and `B" ("Exchange
Easement 1") attached hereto and made a part hereof by reference (the Replacement Easements,
Exchange Easement 1, 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 party;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein
the City and TWU hereby agree as follows:
1. On or before 90 days after the date of this Agreement TWU shall deliver to the
City the fully executed non-exclusive Exchange Easements in substantially the same form as
Attachment 1 attached hereto and made a part hereof by reference. City shall deliver to TWU a
certified copy of a City ordinance abandoning the Existing Easement (the "Abandonment
Ordinance")no later than 90 days after completion of the Project.
2. As additional consideration, and as apart of the Project;
a. The City shall provide two 4 foot manholes as shown on plan sheets 14C
& 14D (Exhibits "C" & "D", respectively) to tie into that portion of the
sanitary sewer line to be abandoned and which will become a private
service line serving TWU facilities and to be maintained by TWU in that
regard.
b. The City shall cause the Project contractor after installation of the sewer
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.
C. 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.
In fitness Whereof, this Agreement has been executed by the parties to be effective this
the f�, day of , 2003.
NNTON
HAEL . , ER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
QJMM
SAOur Documents\Contracts\03\TWU Interlocal 2.doc
Page 2
APPROVED AS TO LEGAL FORM:
HER BERT L. PRO , CITY TTORNEY
BY:
TEXAS WOMAN'S UNIVERSITY
BY:
DR. BRENDA FLOYD,VICE PRESIDENT
FINANCE AND ADMINISTRATION
APPROVED AS TO FORM
BY:
S:\Our Documents\Contracts\03\TWU Interlocal 2.doc
Page 3
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DENTON
EXHIBIT'B'
LEGAL DESCRIPTION for an
Utility Easement out of the
B.B.B. &C.R.R. SLIRVEYA•185
Denton,Denton County, Texas
Being all that certain tract,parcel, or lot of land out of the B.B.B. &C.R.R. SURVEYA•185, in the City of Denton, Denton
County, Texas described by deeds recorded in Volume 81, Page 429, Volume 182, Page 204, and Volume 216, Page 513,
Deed Records, Denton County, Texas and more particularly described as follows.
BEGINNING at a found TXDOT monument in the south right-of way line of University Drive, said right-of way line described
in Volume 4333, Page 3072, Deed Records,Denton County, Texas;
THENCE• N 89°48'E, along said south rightof way line, 92.0 feet to a point for corner,
THENCE, leaving said south fight-of-way line, S 00°12'F,21.0 feet to a point for corner;
THENCE S 89 050'W,252.3 feet to an angle point for corner;
THENCE,• S 59008'W, 77.3 feet to a point for corner in the east line of an electric easement as recorded in County Clerk's
File#02-R0128840,Denton County, Texas
THENCE• N 00°52'W, along said east line for a distance of 11.5 feet to a point for corner, said point also being the easterly
most northeast corner of said electric easement,-
THENCE leaving said east line, N 59°08'F, 86.0 feet to a point for corner in the said south fight-of-way line of University
Drive,
THENCE.• N 89150'E along said south rightof way line, 153.0 feet to a found TXOOT right-of way monument;
THENCE.- N 00°35'W, 4.9 feet to to the POINT OF BEGINNING and CONTAINING 0.120 acres of land more or less as
surveyed by john na/l jr.rills#1970 during the month of November 2002.
j
See attached Survey Sketch jnj1-0041;
"Dedicated to Quality Service"
www.cityofden ton.cont
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DENTON
EXHIBIT A 1'
LEGAL DESCRIPTION for an
Sanitary Sewer Easement out of the
B.B.B. &C.R.R.SURVEYA•185
Denton,Denton County, Texas
Being all that certain tract parcel, or strip of land out of the B.B.B. & C.R.R. SURVEYA-185, in the City of Denton, Denton County,
Texas described by deeds recorded in Volume 81, Page 429, Volume 192, Page 204, and Volume 216, Page 513, Deed Records, Denton
County, Texas and more particularly described as follows:
BEGINNING at a paint for corner in a curve of the north right of way line of Oakland Avenue, from which a found iron bolt for the
centerline point-of curvature.of said street bears, S 88°13'W, 114.5 feet;
THENCE.- leaving said north fight-of-way line,N 42°08'E, 183.1 feet to an angle point,-
THENCE, Al 00°28'W, 194.1 feet to an angle point;
THENCE. Al 17°09'E,96.8 feet to an angle point;
THENCE- N 00°45'E,332.0 feet to an angle point,•
THENCE.- N 05008'W,302.5 feet to an angle point;
THENCE.- N 23°02'E, 161.1 feet to a point for corns in the south line of an existing 0.129 ac.utility easement;
THENCE, N 89°50'E,along said south line of a utility easement, 10.8 feet to a point for corner;
THENCE,• leaving said south line,S 23°02'W, 162.9 feet to as angle point;
THENCE. S 05°08'E 300.5 feet to an angle point;
THENCE, S 00 045'W, 334.0 feet to an angle point;
THENCE.- S 17°09'W,96.7 feet to an angle point;
THENCE- S 00°28'E, 196.4 feet to an angle point;
THENCE.• S 42°08'W, 183,1 feet to a point for corner in the north line of aforesaid Oakland A venue,said point being in a curve to the
left,having a delta of 01°42'and a radius of 362.7feet,and whose center bears S 21°33'W,-
THENCE.• along said curve to the left and with said north right-of-way line for an arc distance of 10.7 feet to the POINT OF
BEGINNING and CONTAINING 0.292 acres of land more or less as surveyed by john hall jr.rpls#1970 d ri on of December
2002;
See attached Survey Sketch jnjH-0009,-
SAS urvey\Form s\L-0054_TWU SS easement.doc "Dedicated to Quality Semite"
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— UNIVERSITY DRIVE — — — —
4!IG R0V V. N 89'5D' E N 89'50' E lUTIUTY EASEMENT EXIST Raw
V.4b,`.P,�072,p,0.aLT. 10,9' i(f.B' V.4333,P.
M9 3072_DR.DGT,
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'Z__, EASEMENT _ S 59,08, V S 119'50' V 140.7'
OD'10' V
�^ /N 89.50' E 103.5' 20A'
EXISTING ELECTRIC EASEMENT //' �//N CONS TRUE FION
C.C.f./02-RO1280M/ ' fin'' �I I y EASEMENT
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TEXAS WOMAN'S UNIVERSITY I 1 1 1... TEXAS WOMAN'S UNIVERSITY
V. 81. P. 429; I 1 Z V. 81, P. 429;
V. 182, P. 204; I c I I o w V. 182, P. 204;
V. 216, P, 513; HI N 11 9 w V. 2}-6, P. 513;
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Exhibit B— 1
9 77x, 5urvq 5kellch of 5anilory 5cwcr eoxrlcrf avl of the
2 Oakland Avenue to Univer5i1y Orive
Dcnlon,Denlon Gounly,rcxo�
nL0'l/O7OfG�[ 1 y The Iwegang sketch and legal deserlption . prepared Irani an act-*I
I tM mode m the ground.
City
of
DENTON
EXHIBIT'A-1'
LEGAL DESCRIPTION for an
Temporary Construction Easement out of the
R.H.B.&C.R.R.SURMA-185
Denton,Denton County, Texas
Being all that certain tract,parcel,or strip of land out of the B.B.B.&C.R.R.SURMA-185,in the City of Denton,Denton County, Texas described try deeds recorded in Volume B1,Page 429,
Volume 182,Page 104,and Volume 216,Page 513,Deed Records,Denton County, Texas and more particuladydescribed as follows:
BEGINNING at a point for corner in a curve of the north right of way line of Oakland Avanue,from which a found iron bolt for the eenterine point-of-curvature of said street bears,S 88°13'W,
114.5 feet;
THENCE.•leaving said north right-of.way line,N 42°08'E, 183,1 feet to an angle point-
THENCE. N 00°28'W, 194.1 feet to an angle point,•
THENCE. N 17°09'E,96.8 feet to an angle point,•
THENCE., N 00°45E 332.0 feet to an angle point;
THENCE., N 05'08'W,302.5 feet to an angle point;
THENCE., N 23°02'E, 16 1.1 feot to a point for corner in the south line of an existing 0.120 ac.utNty easement•
THENCE.- N 89°50'E along said south fine of a utility easement, 10.9 feet to a point far corner,'
THENCE.• leaving said south line,S 23°02'W,162.9 feet to an angle point;
THENCE. S 051087,53.0 feet to an angle point.,
THENCE. N 23002'f,198.5 feet to an angle point
THENCE.- N 89'50'E 103.5 feet to a point forcomer,
THENCE N 00°10'W 20.0 feet to a point for comer in the south fins of said existing 0.120 ac.utility easement,-
THENCE., S 89°50'W,along said south line, 140.7 feet to an angle point•
THENCE.• S 59"08'W,39.5 feet to an angle point-
THENCE• leaving said south line,S73°02'W,192.7 feet toan angle point,•
THENCE.• S 05'I1'f,256.9 feat to an angle point,•
THENCE- S 00°45'W,322.2 feet to an angle point,• -
THENCE. S 17°09'W 97.4 feet to an angle point;
THENCE• S 00°281,782.3 feet to an angle point,•
THENCE. S 42'08'W 188.7 feet to a point for comer in the said north rght of way line of Oakland Avenue,said point being in a curve to the right,having a delta of 08151 and a radius of 361.7
feet,and whose center bears S 19*51'W
THENCE.• along said curve to the left and with said north right-of way line for an arc distance of 56.0 feet to the POINT Of BEGINNING and CO 0 cr of land more or iess as
surveyed by%ahn nallir,rols p1970 during the month of December 2002;
See attached Survey Sketchinf:H•O009,-
S:1SurveylForms1-0055_lWU west const easement.doc "Dedicated to Quality Seripice"
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