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HomeMy WebLinkAbout2002-378 ORDINANCE NO. 78 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON,TEXAS AND DENTON STATE SCHOOL, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION FOR THE ACQUISITION OF EASEMENTS AND WATER TANK SITE AND THE INSTALLATION OF A REUSE WATER IRRIGATION SYSTEM;PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Denton(the"City")and Denton State School,acting by and through the Texas Department of Mental Health and Mental Retardation(the"State")desire to enter into an Interlocal Agreement for the City's acquisition of easements and a water tank site on the State's property and to provide for the installation of a reuse water irrigation system, a copy of which is attached hereto and made a part hereof(the"Agreement"); and WHEREAS, the City Council finds that the Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of AYZ& , 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, TY SECRETARY BY APPROVEOASTO EG RM: HERBERT Y Y ATTORNEY BY: INTERLOCAL AGREEMENT BETWEEN CITY OF DENTON AND DENTON STATE SCHOOL THIS AGREEMENT is made and entered into as of the effective date provided below by and between the City of Denton, Texas, a Texas Home Rule Municipal Corporation (the "City") and the Denton State School, acting by and through the Texas Department of Mental Health and Mental Retardation (the"State"). WHEREAS, the City and State are entering into to this Agreement pursuant to the Interlocal Cooperation Act,being Chapter 791 of the Government Code (the"Act"); and WHEREAS, the governmental functions or services provided for in this Agreement are functions or services each party is authorized to perform individually; and WHEREAS, each party paying for the performance of governmental functions or services under this Agreement shall make such payments from current revenues available to the paying party and such amounts will fairly compensate the performing party for the services or functions performed under this Agreement; and WHEREAS, the State is the owner and operator of the Denton State School which is located on certain real property in Denton County, Texas (the "State School Property"); and WHEREAS, the City and the State by separate agreement are entering into a Beneficial Reuse Water Contract a copy of which is attached hereto and made a part hereof as Attachment "A" (the "Reuse Water Contract") whereby the State will purchase from the City treated wastewater effluent ("Reuse Water") for irrigation purposes at the State School Property; and WHEREAS, the State is the owner of an elevated water storage tank (the "Water Tank"). which is located on the State School Property (the "Water Tank Site") as described and shown in Exhibits "A" and `B" of that certain water easement which is attached hereto and made a part hereof as Attachment `B (the "Water Easement"); and WHEREAS, the City is in need of the Water Easement and also that certain Public Utility Easement which is attached hereto and made a part hereof as Attachment"C" (the "Public Utility Easement") (collectively called the "Easements") to provide services under the Reuse Water Contract and to fulfill other public purposes; and WHEREAS, the State is need of the installation of an irrigation system on its property to utilize the reuse water for irrigation purposes (the "Irrigation System"); NOW THEREFORE, for and in consideration of the terms and conditions contained herein the City and State agree as follows: I . Subject to the terms and conditions provided herein, on or before4+Hie4A-, 2002, or on such other date that is mutually agreed in writing by the parties (the "Closing Date"), such closing to be held at the office of Texas Title Company, Attention: Stacie Holbert (the "Title Company) the parties shall consummate this Agreement as follows: a. The State shall grant and deliver the Easements to the City free and clear of all liens and ecumbrances. If the Easements cannot be granted free and clear of all liens and encumbrances then the City at its option may terminate this Contract, in which case it shall have no further force or effect. b. The parties shall execute the Reuse Water Contract. c. The City shall pay the sum of $44,000.00 into escrow (the "Escrow") with the Title Company to be held in a federally insured interest bearing account and distributed as provided in Article II below. d. The State shall execute and deliver to the City a written right-of-entry authorizing the City and the Landscape Firm, and their employees and agents to enter upon the State's property to design and construct the Landscape System. II. The City and Title Company are authorized to accept delivery of the Easements and record them at Closing notwithstanding the Escrow. The Escrow shall be utilized for the purpose of designing and constructing the Irrigation System. The design shall meet the State's specifications and shall be designed and constructed to meet City and TNRCC standards for reuse water irrigation systems. The City, with the consent of the State, shall select and contract with a landscape firm (the "Landscape Firm") to design and construct the Irrigation System (the "Landscape Contract"). The Landscape Contract shall provide for performance and payment bonds as required by law and shall contain the City's standard insurance requirements with the City and State named as additional insureds. The total cost of the Irrigation System shall not exceed the amount of the Escrow unless the parties agree to an increase in writing. In the event of an increase the State shall immediately pay the City the increased amount. Upon the completion of the Irrigation System the Title Company shall pay the Escrow over to the City for payment to the Landscape Firm upon receipt of a written certification from the City and State that the Irrigation system is completed ("Completion Certification"). At time of completion the City shall assign the Landscape Contract and any warranties to the State. If any of the Escrow funds, including interest earned, remain unexpended upon completion of the Irrigation System, as evidenced by the Completion Certification, then all such remaining funds shall be remitted to the State at the following address: TDMHMR Attn: Cashier P.O. Box 12688 Austin, Texas PAGE 2 78711. The City will provide the State with support, guidance and consultation upon request and as needed to assure that the State is aware of and educated about the safe operation of the reuse water irrigation system and pertinent TNRCC regulations. III. If State fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the Easement for any reason, except City's default, City may enforce specific performance of this Contract as its sole remedy under this Contract. In the event City fails to consummate the purchase of the Easements or fully and timely perform its obligations under this Contract, if State is not in default under this Contract, State will have the right to enforce specific performance of this Contract as its sole remedy under this Contract. IV. If the City permanently discontinues use of the Water Tank it shall remove the Water Tank from the Water Tank Site. State represents and warrants that the City shall have a right of ingress and egress between the Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the "Current Access Drive"). Should the Current Access Drive be closed, Seller shall provide an alternate access drive that is equal to or better than the Current Access Drive. In accessing the Easements, the City and its contractors will observe the State's safety rules which are designed to provide safety to the School's residents and staff. The pipeline to be installed at the School entrance will be bored so as to avoid damage to the entrance sign and surrounding trees. V. 1. Assignment of Contract. This Contract cannot be assigned without the prior written consent of the other parry. 2. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Contract 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. 5. Parties Bound. This Contract shall be binding upon and inure to the benefit of the PAGE 3 parties and their respective successors and assigns. 6. Legal Construction. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Contract 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. Time of Essence. Time is of the essence in this Contract. 9. Gender. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Effective Date. The term "Effective Date" means the latter of the dates on which this Contract is signed by either the City or the State, as indicated by their signature below. 11. Expiration Date. Unless otherwise extended in writing by mutual consent of both parties, this Agreement shall expire on the twenty first anniversary of the Effective Date. IN WITNESS WHEREOF, City and State have executed this Contract as of the Effective Date: CITY 7ON BY• CITY MANAGER 215 E. McKinney Denton, Texas 76201 ATTEST: JE ER WALTERS, ITY SECRETARY BY: AF OVED S TO FORM: HERBERT TY Y ATTORNEY BY: C/ PAGE 4 TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL REHABILITATION BY:� �P� Karen F. Hale Commissioner ATTEST: .��Z_4!!5� 10, BY: APPROVED S TO FORM BY: PAGE 5 ATTACHMENT A THE STATE OF TEXAS § COUNTY OF DENTON § BENEFICIAL REUSE WATER CONTRACT THIS CONTRACT for beneficial reuse of water is made and entered into on this the day of , 2002, by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation, 215 East McKinney Street,Denton,Texas 76201 (hereafter"CITY"); and the DENTON STATE SCHOOL,acting'by and through the Texas Department of Mental Health and Mental Retardation, of P.O. Box 368, Denton, Texas 76202 (hereafter"PURCHASER"). `VITNESSETH WHEREAS, the PURCHASER has identified a use for treated wastewater effluent, for beneficial reuse, hereinafter sometimes alternatively referred to as the "reclaimed water," or"reuse water" in order to maintain its general landscaping at the Denton State School in Denton,Texas and to be a more viable and cost-effective alternative than purchasing potable irrigation water; and WHEREAS, the City of Denton, Texas, through its Pecan Creek Water Reclamation Plant, expects to be able to supply to the PURCHASER treated wastewater effluent, for the purpose of its reuse; and WHEREAS, in connection with this Wastewater Effluent Transmission Line Project ("Project") the CITY shall construct a transmission line for the purpose of serving several entities with treated wastewater effluent,which line extends by and is contiguous to the Denton State School property, with its South terminus at the Oakmont Country Club in Corinth, Texas; and WHEREAS, this Project generally involves a water-recycling project, and the quality of effluent produced from the Pecan Creek Water Reclamation Plant presently meets the highest standard for effluent reuse (Type I); and WHEREAS, because this Contract involves the sale of treated wastewater effluent, as distinguished from treated potable water suitable for human consumption,the ordinances of the City of Denton, Texas concerning potable water rates do not apply to this Contract; and WHEREAS, the Texas Natural Resource Conservation Commission(hereafter"TNRCC") 1 has adopted the 30 TAC Chapter 210 Rules which regulate the use of reclaimed water, and WHEREAS, the City of Denton, Texas has incorporated the 30 TAC Chapter 210 Rules in the "Beneficial Reuse Water User's Handbook;" and WHEREAS, on the 20``1 day of December,2000,PURCHASER and the CITY entered into a "Letter of Subscription and Commitment" ("Commitment Letter") providing for PURCHASER'S purchase of treated wastewater effluent from the CITY; specifying a monthly base payment, as in a "take or pay" agreement utilized in the water industry, plus a volume rate per thousand gallons of treated wastewater effluent, over a certain usage level; the Commitment Letter further provided for delivery of the treated wastewater effluent by the CITY to the PURCHASER'S individual meter point; made the delivery of treated wastewater effluent not subject to rationing; and provided for the PURCHASER to increase its minimum monthly base amount of treated wastewater effluent in order to meet its increased needs; and other relevant provisidns; and WHEREAS, PURCHASER and CITY have entered into that certain Interlocal Agreement providing for utility easements, a water tank site and the installation of a reuse water irrigation system on PURCHASER's property (the "Interlocal Agreement"); and NOW THEREFORE, for and in consideration of the terms and conditions contained herein; the promises and covenants made herein; the terms and provisions of the Letter of Subscription and Commitment hereinabove referred to, and the consideration paid and to be paid by the TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, the owner of the described Property, hereafter called"PURCHASER", to the City of Denton,Texas, hereafter called "CITY", the parties do hereby CONTRACT and AGREE as follows: ARTICLE I. PURCHASE, TRANSPORTATION AND DELIVERY OF REUSE WATER §1.1 OBLIGATIONS. Purchaser has previously signed a Letter of Commitment and Intent (hereafter the "Commitment Letter") attached hereto and incorporated herewith by reference as Exhibit"A". The Letter provides that the PURCHASER will purchase reuse water from the CITY. PURCHASER hereby agrees to take and pay for the quantity of reuse water that PURCHASER has 2 made a commitment per the Letter, for the purpose of on-site irrigation of the property owned or used by PURCHASER at the point of delivery hereinafter described in Exhibit"B,"attached hereto and incorporated herewith by reference. If the PURCHASER at any time during the term of this Contract needs, and can beneficially use reuse water in excess of the volume of re-use water set forth in Exhibit "A",PURCHASER may request an additional supply of reuse water,which shall be made available by CITY, in good faith, subject however, to product availability and transmission considerations. §1.2 DELIVERY OF REUSEVATER. CITY agrees to deliver, under the limitations and conditions hereafter set forth in this Contract, the reuse water which PURCHASER needs on a continuous basis at the delivery/individual meter point shown on Exhibit "B" attached hereto. PURCHASER shall be responsible for construction and maintenance of all distribution lines from the existing CITY reuse lines. PURCHASER shall pay 41 associated costs for tapping fees, meters, batching stations, and any other costs incurred by the CITY to provide the reuse water to the PURCHASER. Each treated wastewater effluent customer of the CITY along the Project,shall have its own reinforced concrete buried meter station. Title to,possession, and control of the reuse water shall remain with the CITY until it passes through the PURCHASER'S meter and control valve at the point or points of delivery as herein described; where title to, possession, and control of the reuse water shall pass from the CITY to the PURCHASER. The CITY does not guarantee its ability to furnish any reuse water supplied under this Contract at any particular pressure,but rather the pressure delivered shall be such pressure as the CITY'S system will render at the PURCHASER'S point of delivery. §1.3 NO RATIONING OF WATER. The treated wastewater effluent sold by the CITY to the PURCHASER shall not be subject to rationing during any period of drought,or during any period of time that the use of potable water is curtailed or otherwise restricted pursuant to any drought contingency plan, then in force and effect. ARTICLE II. QUALITY AND USE OF REUSE WATER 3 §2.1 QUALITY OF REUSE WATER. The quality of the reuse water to be supplied by CITY to PURCHASER under this Contract shall meet the quality requirements established in 30 TAC Chapter 210 for "Type I," as they may be amended from time-to-time, which quality requirements are currently as shown below: BOD5 or CBOD5 5mg/L Turbidity 3 NTU Fecal Coliform 20 CFU/100 ml* Fecal Coliform 75 CFU/100 ml** * Geometric mean ** Single grab sample(not to exceed) The CITY shall perform required sampling and analysis on the reuse water as prescribed by applicable regulatory agencies. §2.2 USE OF REUSE WATER BY PURCHASER. PURCHASER SHALL USE THE WATER RECEIVED BY AND UNDER THIS CONTRACT FOR ON-SITE IRRIGATION PURPOSES ONLY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF 30 TAC CHAPTER 210.22, 210.23 AND 210.24. "On-site irrigation" refers to the use of water for maintenance and beautification of the landscaping and facilities of the PURCHASER. THE REUSE WATER SUPPLIED UNDER THIS CONTRACT IS NOT SUITABLE FOR HUMAN CONSUMPTION AND SHALL NOT BE USED BY PURCHASER OR ANY THIRD PARTY FOR ORDINARY DOMESTIC USE. PURCHASER shall take all necessary precautions to prevent consumption of the subject reuse water by its employees or other persons, including the posting of warning signs in both English and Spanish, in large and conspicuous printed letters at least four (4") inches high, at all places where employees or other persons are likely to have access to the reuse water. The actual establishment,maintenance,and enforcement of such safety precautions shall be under the exclusive dominion and control of PURCHASER. PURCHASER assumes full legal responsibility for any and all damages resulting from human consumption of the subject reuse water after it reaches the PURCHASER'S point of delivery. PROVIDED HOWEVER,PURCHASER does not hereby waive 4 any defense that may be available under the laws and the Constitution of the State of Texas, or otherwise, in the event of any suit or action brought against it by any third-party for damages. §2.3 USE OF REUSE WATER BY THIRD PARTIES. PURCHASER shall not sell, trade, exchange, donate, or otherwise transfer the reuse water provided by this Contract to any third party, and shall not permit or allow the reuse water to be used in any manner by any third parties. §2.4 COMMINGLING OF REUSE WATER. PURCHASER shall constrict or cause to be constructed supply lines such that it is not possible for any reuse water supplied to PURCHASER under this Contract from PURCHASER to re-enter any potable water system. However,this shall not prevent the commingling in water storage facilities of PURCHASER'S reuse water with other water obtained by PURCHASER from another system or' source for irrigation purposes. All such commingling shall be subject, however,to applicable City of Denton regulations and ordinances,or those of other governmental agencies governing the use of reuse water. §2.5 DISCHARGE OF REUSE WATER PURCHASER shall not cause or permit the discharge of reuse water off-site, either airborne or by surface runoff, unless permitted by the TNRCC. §2.6 EXCESS AMOUNTS OF REUSE WATER Excess reuse water,if any,must be returned by PURCHASER to the CITY's waste collection system. §2.7 DRIFT OR SPRAY OF REUSE WATER PURCHASER shall not use reuse water in any manner where the result would be any drift or spray to areas where the general public would be exposed. §2.8 WET GRASS CONDITIONS. PURCHASER shall apply reuse water in such manner as to minimize wet grass conditions in unrestricted landscaped areas during the periods that the area 5 should be in use. §2.9 EFFECT ON GROUND WATER. PURCHASER shall utilize reuse water in a manner that does not threaten or adversely affect ground water. §2.10 CONDITION OF SOIL. PURCHASER shall not apply any reuse water to the ground when the ground is either saturated or frozen. §2.11 NUISANCE. PURCHASER shall be solely responsible for the prompt clean-up of any nuisance conditions that exist on PURCHASER'S real property,which result from storage or the use of reuse water received from the CITY. §2.12 BENEFICIAL REUSE WATER USERS' HANDBOOK. PURCHASER confirms its receipt of the"Beneficial Reuse Water Users' Handbook"(hereafter the"Handbook")published by the City of Denton, Wastewater Utilities, and which Handbook was approved by the City of Denton Public Utilities Board on the 7"'day of January,2002. The CITY confirms that it will promptly issue PURCHASER a copy of any new or amended Handbook that it may issue in the future. PURCHASER is fully responsible for knowing the contents of the Handbook and fully complying with it. §2.13 RESPONSIBILITY OF THE PARTIES. CITY shall not be responsible,nor liable for any contamination of the reuse water or the inappropriate use or application of the reuse water supplied under this Contract after it passes through the PURCHASER'S described point of delivery(Exhibit "B"hereto). PURCHASER shall fully and absolutely indemnify the CITY,to the extent provided for and allowed by law, for any and all damages and claims for damages arising from any contamination of the reuse water supplied under this Contract after it passes through the PURCHASER'S point of delivery; except regarding any damages resulting from the CITY'S failure to deliver the quality of reuse water required by State law and by the terms and conditions of this Contract. 6 ARTICLE Ili. RATE AND METERING 3.1 RATE CHARGED FOR REUSE WATER. The rate for reuse water based on the Commitment Letter (Exhibit "A"), for a period of five (5) years from the effective date of this Contract shall be two-fold: (A) A monthly base charge of$700.00 per month,which covers up to 518,000 gallons of treated wastewater effluent. This monthly base rate provision is similar to a`lake or pay"provision used in the water industry. The monthly base charge shall be due and payable by PURCHASER for each and every month that the Contract is in effect, whether or not PURCHASER has utilized any treated wastewater effluent for that month or not. There shall also be no carryover of surplus wastewater effluent from year to year, based on the fiscal year October 1 through September 30 (the "Fiscal Year"). However, the monthly 518,000 gallon usage may be carried over within the fiscal year so long as the total gallon usage for any given month does not exceed 1,000,000 gallons and the total gallon usage for the Fiscal Year does not exceed 6,216,000 gallons. Usage in excess of these limits shall be billed at the rate specified in §3.1(B). (B) If applicable,a volume rate of$1.35 per thousand gallons of treated wastewater effluent,plus a facility charge of$16.20, per monthly billing period in which the volume rate is applied. §3.2 RATES AFTER FIVE YEARS. After five (5) years from the effective date of this Contract, these rates may be adjusted annually by the CITY,on each October 1. The revised rates,if any,will be based on water reclamation plant operation and maintenance and non-operating expenses and wastewater treatment volumes from the most recently completed fiscal year. PROVIDED HOWEVER, because of special considerations provided to the CITY by PURCHASER, the parties agree that the applicable rate to be charged to PURCHASER after five (5) years from the effective date of this Contract, shall not exceed fifty (50%) percent of the potable water rate for the City of Denton, Texas. §3.3 METERING. CITY shall operate,maintain and read the reuse meter/meters and shall bill 7 PURCHASER monthly based on such meter reading. If for any reason the meter shall fail to register for any period, PURCHASER shall be billed for the amount of reuse water delivered for the corresponding month of the year immediately preceding the failure, if such record is available. If these records are not available,CITY shall reasonably estimate the amount of the consumption during the period in question and bill PURCHASER on the basis of such estimate. In determining the estimate of PURCHASER'S consumption,CITY shall average the applicable month for the past three years. If there is not a three-year history, the CITY shall consider as a factor the rain or drought conditions for the applicable period. Further PURCHASER agrees that it shall not in any manner interfere, tamper, or attempt to do anything with regard to the operation or functioning of such meter/meters. §3.4. PURCHASER'S OPTION. Purchaser may increase its minimum monthly base amount of treated wastewater effluent purchased during the term of this Contract in order to meet its increased needs by notifying the CITY, in writing,who will then determine a new monthly minimum monthly base charge in light of the increase of the monthly base amount of treated wastewater effluent purchased. The CITY shall be obligated to increase such monthly minimum base amount, subject only to the condition that the CITY must be able to transport the increased volume of treated wastewater effluent to PURCHASER through the existing treated wastewater effluent transmission line. ARTICLE IV. TERM §4.1 TERM AND RENEWAL OF CONTRACT. This Contract shall be for a term beginning with the effective date, and ending five (5) years after that date. This Contract may be renewed for subsequent ten (10) year periods with the concurrence of both parties. Such extensions will be permitted for the twenty (20) year period of the Water Easement provided for in the Site Contract. The Purchaser shall provide written notice to the City at least six months in advance of expiration of the Contract that the Purchaser desires to renew this Contract. 8 §4.2 EFFECTIVE DATE. This Contract shall be effective as of the date when all of the following have been satisfied: (A) PURCHASER'S and CITY'S execution of this Contract; and (B) CITY has connected its treated wastewater effluent transmission line to the PURCHASER'S delivery point and the same is operational; and (C) CITY'S issuance of a written"Notice to Proceed"to PURCHASER. §4.3 TERMINATION OF CONTRACT. This Contract shall be terminated if either party is prevented from fulfilling an obligation under this Contract by any final judgment of a court of competent j urisdiction,legislation,or other force majeure. PURCHASER may terminate the Contract if PURCHASER is of the opinion that the reuse water quality is such as to prevent the PURCHASER from using it for the purpose of irrigation. In that evt5nt, PURCHASER shall provide the CITY at least sixty(60)days written notice of its intention to terminate the Contract. CITY may terminate this Contract if monies required to be paid by PURCHASER pursuant to this Contract are not paid within thirty (30) days of written notification issued by the CITY to PURCHASER at PURCHASER'S billing address according to the CITY'S records. Either party may terminate this Contract upon the failure of the other party to abide by the provisions of this Contract and to cure the alleged default, after being provided thirty (30) days written notice to do so by the other party. This Contract also may be terminated by the mutual agreement of PURCHASER and CITY. ARTICLE V. FACILITIES §5.1 ON-SITE FACILITIES. PURCHASER shall construct and pay for all necessary facilities to deliver, store, use and discharge or dispose of the reuse water from the point of delivery onto Purchaser's property,until such re-use water is used,discharged,or disposed of,which facilities shall be described for purposes of this Contract, as on-site facilities. Design and constn.iction must meet criteria established by CITY regulation and ordinance as well as those established by 30 TAC §210. 9 §5.2 SECURITY OF PURCHASER'S SERVICE SYSTEM. PURCHASER'S service system shall be installed by PURCHASER so as to prevent operation by unauthorized personnel pursuant to 30 TAC §210.25. §5.3 REQUIRED PIPING. PURCHASER shall use an existing separate non-potable,or shall design and construct a separate non-potable water distribution system in compliance with 30 TAC §210.25 and any other applicable local and state regulations. to §5.4 STORAGE PURCHASER shall comply with storage as required by 30 TAC §210.23 and any other applicable local and state requirements. §5.5 TAILWATER WATER CONTROLS. PURCHASER shall construct any required tailwater water controls, as required by applicable local and state regulations. §5.6 COST OF PURCHASER'S ON-SITE FACILITIES. PURCHASER shall have title and bear all responsibilities including the costs of installing,operating,maintaining,permitting,licensing,and repairing any and all of PURCHASER'S on-site facilities, other than those facilities owned by the CITY, unless provided for by other mechanisms. §5.7 ACCESS TO PURCHASER'S PROPERTY. ,' PURCHASER shall allow the CITY 24- hour access onto PURCHASER'S property(only that property which is the subject of this Contract) as necessary to operate, maintain, and inspect facilities owned by the CITY. §5.8 THE DENTON STATE SCHOOL ELEVATED WATER STORAGE TOWER. Asapartof the bargained for consideration provided for herein,PURCHASER agrees to convey to the CITY the sole and exclusive right of use and benefit, in the form of an easement or other form of conveyance, permitting the CITY's possession of the Elevated Water Storage Tower on-site for its treated wastewater effluent operations. PURCHASER further agrees that once the CITY has discontinued its usage of the Elevated Water Storage Tower for its effluent operations,that CITY,at CITY's sole cost, will notify PURCHSAER and will be solely responsible for removing the Elevated Water Storage Tower from PURCHASER's premises in a safe and prudent manner. ARTICLE VI. GENERAL PROVISIONS §6.1 GOVERNING LAW; VENUE; LEGAL CONSTRUCTION. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The obligations of the 11 parties to this Contract are performable in Denton County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Denton County, Texas. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect,such invalidity,illegality,or unenforceability shall not affect any other provision of this Contract, and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. §6.2 ASSIGNMENT OF CONTRACT. This Contract cannot be assigned without the prior written consent of the other party. §6.3 COMPLIANCE WITH APPLICABLE LAWS. , This Contract is subject to all legal requirements of the City Charter of the City of Denton, Texas, the Denton Code of Ordinances, and other laws and regulations both state and federal; and PURCHASER agrees that it will promptly comply with all applicable laws,regulations,orders,and rules of the Federal,State,County,City,and all other applicable governmental agencies. Specifically, PURCHASER will comply with all provisions of 30 TAC §210 as it is currently adopted or as it may be hereafter amended. These regulations are included in the above-referenced"Beneficial Reuse Water Handbook." §6.4 FORCE MAJEURE. Neither CITY nor PURCHASER shall be required to perform any term,condition,or covenant in this Contract,so long as such performance is delayed or prevented by force majeure,which shall mean acts of God, civil riots, floods, and any other cause,not reasonably within the control of CITY and/or PURCHASER and which by the exercise of due diligence,CITY or PURCHASER is unable, wholly or in part, to prevent or overcome. §6.5 ENTIRE AGREEMENT. This Contract embodies the complete agreement of the parties hereto, superseding any and all oral or written previous and contemporary contracts or agreements between the parties and relating to matters contained in this Contract, except as otherwise provided herein. This Contract may not be modified without the written agreement of both parties hereto. 12 §6.6 HOLD HARMLESS. PURCHASER, only to the extent allowed by applicable law, agrees to protect, defend, and save the CITY, its representatives, officers, agents, employees, and attorneys harmless from and against any and all claims, demands,and causes of action of every kind and character, losses, costs, expenses, attorney's fees, and damages of every kind and character, for injury to, or death of any person or damage to any property arising out of or in connection with the construction, use, storage, maintenance, disposal, or discharge of reuse water of or from PURCHASER'S on-site facilities. Also, this provision shall not apply if any claim arises and is proximately caused by the CITY'S failure to deliver the quality of reuse water required by State law, and by the provisions of this Contract. The provisions of this Subsection 6.6 shall not apply to any liability resulting from the sole negligence of CITY, its representatives, officers, agents, employees, or attorneys. ' §6.7. HOLD HARMLESS —GOVERNMENT REGULATION. In its performance of this Contract,PURCHASER shall comply with all applicable federal,state,and local laws or regulations related to the use or reuse of reuse water, or the environment, and will hold the CITY, its representatives, officers, agents, employees, and attorneys harmless from and against any and all claims, demands, suits,causes of action, losses,damages,costs,attorney's fees, and expenses arising out of any noncompliance violation or alleged noncompliance violation by PURCHASER of any such laws; PROVIDED HOWEVER, only to the extent provided by applicable la"'. §6.8 REMEDIES. In the event that CITY is unable in good faith to comply with the delivery of reuse water requirements to PURCHASER in this Contract, then PURCHASER'S sole remedy shall be to take CITY potable water and to pay for the potable water so taken at the rates established for the potable water used less a discount of$23.00 dollars per day for any 24-hour period in which the CITY is unable to deliver reuse water. The exercise of this remedy by PURCHASER shall require ten (10) days prior written notice by PURCHASER to the CITY. The CITY shall give PURCHASER ten (10) days prior written notice of its inability to comply with the reuse water 13 requirements for foreseeable events and 24 hour notice for emergencies. §6.9 REQUIRED PERMITS AND LICENSES. The parties shall each maintain in effect during the term of this Contract, any and all federal, state, and/or local licenses and permits which may be required of parties generally regarding the subject of reuse water. §6.10 REQUIRED RECORDS. Both CITY and PURCHASER shall maintain such records as are required by state regulations and shall notify the TNRCC in writing within five (5) days of obtaining knowledge of reuse water use not specified and approved by the Executive Director of the TNRCC. §6.11 POLICE POWERS NOT AFFECTED. This provision does not affect the police powers of the CITY of Denton, Texas or of any other governmental agency. §6.12 BINDING EFFECT ON SUCCESSORS AND ASSIGNS. This Contract shal I be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and their assigns. §6.13 CAPTIONS AND COUNTERPARTS. The captions to the various Articles and Subsections of this Contract are for informational purposes only and shall in no way alter the substance or meaning of the terms and conditions of this Contract. This Contract shall be executed in duplicate original counterparts,each of which shall be deemed an original and constitute one and the same instrument. EXECUTED by the City of Denton,Texas("CITY")and the DENTON STATE SCHOOL,acting by and through the Texas Department of Mental Health and Mental Retardation (hereafter the PURCHASER) acting by and through their respective duly authorized and empowered officers and representatives, on this the day of , 2002. 14 EXHIBIT A ityL. of = �M 215 E. McKINNEY DENTON,TX 76201 • (940)349-8230 • FAX (940) 349-8120 UTILITY ADMINISTRATION December 15, 2000 Shirley Musgrave Assistant Superintendent of Administration Denton State School , 3980 State School Road Denton, Texas 76210 Re: Letter of Subscription and.Commitment Purchase of Treated Wastewater Effluent from Denton Municipal Utilities Wastewater Effluent Transmission Line Project Dear Ms. Musgrave: The purpose of this letter is to memorialize and secure Denton State School's ("CusiuuiCt") whiten subscription and firm conunitment to participate as a customer of Denton Municipal Utilities ("City") to purchase treatment wastewater effluent from the City's Pecan Creek Water Reclamation Plant ("Plant"), in connection with the Wastewater Effluent Transmission Line Project extending Southerly from the Plant along; Mayhill Road, and along State School Road, with its terminus at Oakmont Country Club, in Corinth, Texas ("Project"). Generally speaking, the Project is a water-recycling project. The effluent quality from the City's Plant meets the highest standard for effluent reuse (Type I). The City intends to offer the sale of wastewater effluent from the Project as a viable and more cost-effective alternative than some of its customers purchasing irrigation water. The wastewater effluent transmission line ("line") will be approximately 13,600 linear feet in length, and consists of 18" diameter, and a small amount of 8" diameter "Dedicated to Quality Service" wvvw.cityof denion.com PVC line. Each treated wastewater effluent customer of the City along the line will have its own reinforced concrete buried meter station. The City's estimated cost to construct and install the Project is $1.6 million. The City, after careful analysis, has determined that the concentration of potential treated wastewater effluent customers in the area of your business makes the construction and installation of a wastewater effluent transmission line economically viable. The Denton Public Utilities Board ("PUB") has indicated its support for the general concept of the Project, but has expressed a concern regarding the City's ability to recover its costs to be expended on the Project over a reasonable period of time. Accordingly, in order for the City to proceed and move forward with this Project and in order to j ustify the cxpcnditurc of funds on this Project, City Staff has been instructed to obtain firm written letters of subscription and commitment from the four targeted potential wastewater effluent customers along the proposed route of the line in order to justify the City's financial commitment to the Project. These four customers are: Oakmont Country Club, Denton State School, Denton Regional Medical Center, and the Professional Office Building. City Staff expects that before final approval of this 1'rojcet i; s!:�': t f_om t1 L P:TE n andthe D_nton City Council, that letters of subscription and commitment will have to be obtained from all four of the targeted customers identified above. The basic concepts and general terms of the final separate Agreement to be entered into by and between the City and Customer in the near future are as follows: 1. The City requires a commitment from Customer to pay at a minimum, a monthly base charge of $700.00/month with access to 518,000 thousand ga!!c .`r.:o^:?: cf treated wastewater effluent for a minimum term of five years. The final Agreement shall be drafted so that this provision is similar to a "take-or-pay" agreement used in the water industry. The monthly base charge shall be due and payable by Customer for each and every month that the Agreement is in effect, whether or not Customer has utilized any effluent or not for that month. There shall be no carryover of surplus effluent from year to year-based on fiscal year October I through September 30. 2. T1:C Customer may increase its minimum monthly base amount of treated wastewater effluent purchased during the term of the Agreement in order to meet its increased needs by notifying the City, who will then determine a new monthly minimum monthly base charge in light of the increase of the monthly base amount of effluent purchased. The City shall be obligated to increase such monthly minimum base amount, subject only to the condition that the City must be able to transport the increased volume of effluent to Customer through the line. 3. The treated wastewater effluent sold by the City to Customer shall not be subject "Dedicated to Qualily Service" www.cilyofdenton.com i to rationing during any period of drought, or during any period of time that the use of water is curtailed or otherwise restricted pursuant to any drought contingency plan, then in force and effect. 4. The treated wastewater effluent shall be delivered by the line by the City to Customer's individual meter point. 5. The City reasonably projects that the Project will be substantially complete and that it will be able to transport and sell treated wastewater effluent to Customer by June 2001, in the absence of any catastrophe, force majeure, or problems with easement acquisitions. By signing this letter of subscription and commitment, you are stating your intention to subscribe as a City treated wastewater effluent purchaser under the above basic terms and provisions. The City will rely on your commitment remaining firm, and will expect you to enter into a final, more detailed Agreement encompassing all terms, conditions, and covenants, at a time in the near future; all subject to the approval of the PUB and the final approval of the Denton City-Council. We appreciate you interest and your desire to participate in this Project. The City Staff looks forward to working with you on the Project and serving your ireated wastewater effluent needs. Please contact me at the above address or telephone number if you have any questions. Sincerely, -�W ag,-h Howard Martin Assistant City iVlanager/Utilities HM/msc "Dedicated to Quality Service" www.cityof denton.com APPROVED AND AGREED: Denton State School By: I Shirley Nusgrge M S„v4Mt�,e2c.u�` Assistant Superintendent of Administration Dated: By: Pat Martin Director of Central Contract and Procurement Support Dated: P 11 Max Harelik Energy Management Specialist Dated: [. o "Declicated to Quality Service" www.cityofdenton.colt I • •! �� .•t�' ---....__�._�.__�_ _...�__...., --. I _ ._ ..._. .. --- ill - I - '3' kMi_ _±= ; i �t�L.oa-w(e•.Ie a as _ o 'lll-OO,J60e• —_ n. C 77 I lY..D•.K.Y.�. Ji•e1C is'I'. W .•�.. �z d \ �N _ ZZ s .�: --------- -- - --- -- — -- - - — -- jag y , I J= 1 ' � - 00.0, HIS • f:• = 00.9tt 9Nf-IHDiVVi - ••l lrrVsr - • - W'll•,i( is 1. _ • � me r 00.11�b S31y�. -�� ti .. _........ ---,--- ----�..--csu•cl(vs, __ $ F 17 w.. i 1 -------- ..__— —_ ae0ei¢'Ves— - - ------- , -li ,Ic.•�ee- iv iri•tll V IS 11. I YWIK is j i 00•i1f'V1S 3NI�j1ViY � � I I I II i I i 5255 I97a 009428 REUSE WATER EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar- dation,(the"Grantor"),in consideration of the payment of the sum of One Dollar and No Cents($1.00) in hand paid by the City of Denton,Texas(City),receipt of which is hereby acknowledged,grants,and conveys to the City a water utility easement across the real property owned by Grantor,as described in EXHIBIT"A"and illustrated in EXHIBIT"B",attached to and incorporated into this document by ref- erence. The grant made includes and is subject to the following: 1. Purpose. This easement grants to the City this easement for the purpose of constructing,recon- structing,installing,repairing,and maintaining water facilities,upon and across said premises,with the right and privilege at all times of the grantee herein,his or its agents,employees,workmen and repre- sentatives 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 water facilities or any part thereof. This grant specifically includes the right to use, maintain, construct and reconstruct the existing elevated water tank(the"Existing Water Tank")on the water tank site described and illustrated on EXHIBITS"A"and "B". If the City permanently discontinues use of the Existing Water Tank(as definded in Section 9 be- low), or upon cessation of this easement, it shall remove the Existing Water Tank from the water tank site. Grantor represents and warrants that the City shall have a right of ingress and egress between the Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the "Current Access Drive"). Should the Current Access Drive be closed,Grantor shall an alternate access drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable. 2. Temporary Construction Easement. In addition to the permanent easement,the City is hereby granted a temporary construction easement for the initial construction of water facilities and appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT `B", attached to and incorporated into this document by reference. Upon conclusion of the initial construction, the temporary construction easement shall terminate and the City shall remove all debris,surplus material, and construction equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed. 3. Building and Structures. Grantor shall not construct,erect or place any buildings,signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City will replace or repair any sidewalk,parking lot,or driveway in as good or better condition as is reasona- bly practicable,that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the reuse water facilities. If the Grantor con- structs or places buildings, signs,parking lots,driveways,private walkways,or other structures or im- Page 1 of 4 4 5255' d l 911 provements over the permanent easement after execution of this easement document,the City may re- move all or part of the structures and improvements as necessary to construct,reconstruct,replace,re- pair, alter, relocate,operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor. 4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex- pense. After completion of the initial construction,the City shall reinstall any fence or gate initially re- moved or relocated to their original locations,or at the option of the Grantor,reimburse the Grantor for the cost to reinstall any such fence or gate.The reimbursement amount shall be limited to the line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,but not the City,may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times. If the gates are to be kept locked by Grantor,the City shall be provided the keys or other means, as applicable,so that the City may open all locks for access without prior notice to Grantor. 5. Access. For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement. 6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement,but the City may remove all or part of any shrubs,vines,grass,or other landscape features as is necessary to construct,reconstruct,replace,repair, alter,relocate,operate its utilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said construction will be repaired by the City of Denton in a timely manner. 7. Crops. The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair,replacement, or other use of the easement for the purposes granted. 8. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. 9. This easement shall expire upon permanent discontinuation of use by City or twenty Page 2 of 4 5255 01972 ( 4651 �m--IL years from the date of this easement,whichever occurs first. Permanent discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by the easement for a period of at least two years 10. Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document. 11. Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns. Witness my hand,this the v?l day of —Java , 2002. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL REHABILITATION BY: Name: Title: Address: ATTEST: BY APPROVED A TO FORM BY: 7 14,1 Page 3 of 4 5255 01973 ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me onjux;14 2002 by Karcri 1. STIRNEN R. CRADDOCK No Publi in and forthe State of Texas f "• s{ 1�Y � my oo •= M Commission R fires: ` Augud 31, 2004 y � Accepted this day of D iOMM02 for the City of Denton, Texas (Resolution No. 91- 073). By: n P-a&-a Paul Williamson AFTER RECORDING RETURN TO: City of Denton Engineering Department 601 East Hickory Suite B Denton, Texas 76205 ATTN: Paul Williamson Page 4 of 4 EXHIBIT B SURVEY: M.E.P.8 P.R.R. SURVEY.ASS NO. 950 PROPEK i Y AUDRESS: STATE SCHOOL ROAD LOCATION: CITY OF DENTON.DENTON CO., TEXAS PERMANENT WATER EASEMENT' 0.5028 ACRES PERMANENT WATER EASEMENT I POINT OF COMMENCEMENT BRIGHTON DRIVE ROW.LINP 1 ,off Q hh 0 z 0 3 0 o � U 0 I � ti PERMANENT IVATER EASEMENT 0.5028 ACRES (21,900 Sq. Ft.) ^l. 589'32'31"E 146.00' POINT OF BEGINNING o F- - — — -- — ----- O C) I I f f PROPOSED WATER LINE EASEMENT r� AND TEMPORARY CONS TRACTION EASEMENT p OY OTHER WSTRUMENT (V I � Z` —J I 146.00, N89'32'31"W 201.38 ACRES DENTON STATE SCHOOL VOLUME 435, PAGE 12 D.R. T.C. T. OF fir;��is lCRfo'y 0 40' 80' y'P S1iAUN C. SPOONER 4183 �. GRAPHIC SCALE IN FEET 1" = 40' suR SPOONER & ASSOC. 7417 CONTINENTAL TRAIL DATE 4-18-02 REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01 LAND SURVEYORS B17-281-2355 ACAD FILE 1053-EASE-8 EXHIBIT C PAGE 1 Page I of 2 E LEGAL DESCRIPTION M.E.P. & P.R.R.SURVEY,ABST.No.950 CITY OF DENTON, DENTON COUNTY,TEXAS i SITUATED in the City of Denton,Denton County,Tcxas and being a strip of land out of a tract of land conveyed to Denton Stale School by deed as recorded in Volume 435,Page 12 of the Deed I� Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a I proposed variable Nvidtlt Permanent Watcr Easement and being herein more particularly described by metes and bounds as follows: COMENCING from[lie northeast property contcr of the said State School tract,said i commencement point being on(lie southerly right-of-way of Brighton Drive and on the apparent westerly right-of-way of State School Road. THENCE,South 2 degrees 30 minutes 51 seconds West,along the east property line of the said State School tract and along(lie said westerly right=of--way of State School Road and generally along a fence,432.49 feet to a point; THENCE,South 2 degrees 17 minutes 56 seconds Nest,continuing along the said east property line of the State School tract and along the said westerly right-of--way of State School Road and generally along a fence,657.62 feet to a point; THENCE,North 87 degrees 42 minute's 04 seconds West 38.12 fist to Elie POINT Or BEGINNING; THENCE,South 01 degree 41 minutes 33 seconds`Vest 24.00 feet to a point; THENCE,North 87 degrecs 47 minutes 57 seconds West 618.76 feet to a point; THENCE,North 89 degrees 47 minutes 22 seconds West 35.11 feet to a point; THENCE,North 70 degrees 36 minutes 06 seconds West 625.05 feet to a point; THENCE,South 40 degrees 07 minutes 52 seconds West 119.03 feet to a point; THENCE,South 83 degrees 50 minutes 50 seconds West 502.13 feet to a point; THENCE,North 00 degrees 27 minutes 30 seconds Cast 16.11 fret to a point; THENCE,North 83 degrees 50 minutes 57 seconds Cast 493.84 feet to a point; THENCE,North 40 degrees 07 minutes 52 seconds East 123.67 feet to a point; TIICNCE,South 70 degrees 35 minutes 34 seconds Cast 602.16 feet to a point; THENCE,South 87 degrees 47 minutes 57 seconds East 681.37 feet to the POINT OF BEGINNING; [ Page 2 of 2 EXHIBIT C PAGE 2 "Continued" LOCAL DESCRIPTION M.E.P.& P.R.R.SURVEY,ABST.No.950 CITY OF DENTON, DENTON COUNTY,TEXAS The proposal Pei- maucul Waler•E.INCmc111 being IM'Cin dCSCrihCd Cuulains I1.820G(35,744 Sq. Ft.)of land to be acquired. I DO FIEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name:Spooner and Associates,Inc. /A\ oF 41 I By: K siinUii G. aroONER a Slulun Spooner A 4103 �yOf'essso��:oN Registered Professional Land Surveyor, �`�\v suit rs� ' Teas No.4183v��J Date of Survey:02-20-02 Revised 4-1 S-02 2 Page I of l EXHIBIT C PAGE 3 i LEGAL DESCRIPTION NI.E.P.& P.R.R.SURVEY,ABST.No.950 CITY OF DENTON, DENTON COUNTY,TEXAS i SITUATED in the City of Denton, Denton County,Texas and being a strip of land out of a tract of j land conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Temporary Construction Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a point within the said Denton State School tract,said point bears South 04 degrees 25 minutes 03 seconds West 1075.84 feet Iron the northeast property corner of the said Denton State School tract; THENCE,South 01 degree 41 minutes 33 seconds West, 15.00 feet to a point; TIIENCE,North 87 degrees 47 minutes 57 seconds West,681.37 feet to a point; TIIENCE,North 70 degrees 35 minutes 34 seconds West,480.71 feet to a point; 1 TIIENCE,North 19 degrees IS minutes 30 seconds Gast,25.00 feet to a point; THENCE,South 70 degrees 34 minutes 40 seconds Cast,511.02 feet to a point; i THENCE,South 87 degrees 47 minutes 57 seconds Cast,654.04 feet to the POINT OF BEGINNING. The proposed Temporary Construction Easement being herein described contains 0.5145 acres (22,415 Sq. Ft.)of land to be acquired. i I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED j FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON j THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. J \• OF ;-�11` BY— SUAUN C SPOONER> Shaun Spooner ...:.4 ..4M... .. Registered Professional Land Surveyor, 4s un`�� Texas No.4183 Y' Date of Survey:02-20-02 I I I t Page l of 1 EXHIBIT C PAGE 4 LEGAL DESCRIPTION M.E.P.& P.R.R.SURVEY,MIST.No.950 I CITY OF DENTON, DENTON COUNTY,TEXAS I SITUATED in the City of Denton, Denton County,Texas and being a strip of land out of a tract of land conveyed to Denton State School by deed as recorded in Volume 435,Page 12 of the Deed Records of Dcnton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Temporary Construction Easement and being herein more particularly described by metes and bounds as follows: ' BEGINNING at a point within the said Denton State School tract,said point bears South 55 degrees 08 minutes 06 seconds West 1515.12 feel from the northeast property corner of the said Denton State School tract; I THENCE,South 19 degrees 19 minutes 30 seconds West,25.00 feet to a point; j TIIENCE,North 70 degrees 35 minutes 34 seconds West,85.64 feet to a point; i TIIENCE,South 40 degrees 07 minutes 52 seconds West, 123.67 feet to a point; TIIENCE,South S3 degrees 50 minutes 57 seconds West,493.84 feet to a point; TIIENCE,North 00 degrees 27 minutes 30 seconds East, 13.09 feet to a point; TIIENCE,North S3 degrees 51 minutes 09 seconds Cast,487.09 feet to a point; THENCE,North 40 degrees 07 minutes 52 seconds Cast, 140.30 feet to a point; THENCE,South 70 degrees 41 minutes 31 seconds Gast,90.04 feet to the POINT Of BEGINNING. The proposed Temporary Construction Easement being herein described contains 0.2361 acres (10,287 Sq.Ft.)of land to be acquired. 1 DO HEREBY CERTIFY TI IA'rT1IL•ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON j THE GROUND AND THAT SAME IS TRUE AND CORRECT. i iCompany Name:Spooner and Associates,Inc. i r OF TF I �p4��55TLgfo'I N i By: c SEIAUN C. SPOONEft>• Shaun Spooner I IIJ3 Registered Professional Land Surveyor, `URq Texas No.4 l S3 Date of Survey:02-20-02 I Page I of I EXHIBIT C PAGE 5 LEGAL DESCRIPTION M.E.11'.& P.R.R.SURVEY,ABST.No.950 CITY Or DENTON, DENTON COUNTY,TEXAS si'rUATED it,oic city or Denton, Denton County,Texas and being a strip or land out of tract of land conveyed to Denton StMeSchoul by deed its recorded in VOIL1111C 1135, Page 12 oftlic Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Temporary Construction Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a point within the said Denton Slate School tract,said point bears South 56 degrees 02 minutes 48 seconds West 1584.15 feet from the northeast property comer of the said Denton State School tract; Tl I ENCE,South 40 degrees 07 minutes 52 seconds West, 129.14 feet to a point; TIIENCE,South 83 degrees 50 minutes 50 seconds West, 508.85 feet to a point; THENCE,North 00 degrees 27 minutes 30 seconds East, 13.09 feet to a point; THENCE,North 83 degrees 50 minutes 50 seconds East,502.13 feel to-a point; THENCE,North 40 degrees 07 minutes 52 seconds East, 119.03 feet to a point; TI I ENCE,South 70 degrees 29 rninmotes 01 second Cast, 13.89 feet to the POINT OF BEGINNING. The proposed Temporary Construction Easement being herein described contains 0.1878 acres (8,184 Sq. Ft.)of land to be acquired. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PRE-PARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUF AND CORRECT. Company Name:Spooner and ASSG6.1tes, Inc. of S'T By: S I I AU N G SPOO N Elt>} Shaun Spooner 4183 1�l•P��E S s f°�'O�! Registered Professional Land Surveyor, IND Texas No.4183 Date Or Survey;02-20-02 EXH1131T a SURVEY: M.E.P.A P.R.R. SURVEY,A13S NO. 950 PROPERTYADDRESS: STATE SCHOOL ROAD LOCATION: CITY OF DENTON,DENTON CO., TEXAS PERMANENT WATER EASEMENT: 0.8206 ACRES t EXHIBIT'A*PERMANENT WATER EASEMENT POINT OF COMMENCEMENT i EXHIBITS't3',-C-,AND-D-TEMPORARY BRIGHTON DRIVE CONSTRUCTION EASEMENTS R O.W LINE REVISED 4-16-02 201.38 ACRES 11711 DENTON STATE SCHOOL I IJ d N VOLUME 435, PACE 12 11 h D.R.T.C.T. PROPOSED PURLIC UrILIrYEASEMENr 11 ; (EXHIBIT •'C*) VARL48LE WIDTH 9YOrNER1NSrRUI4ENr 1I TEMPORARY CONSTRUCTION EASEMENT I 0.2361 ACRES (10,287 Sq. Ft.) 11 (EXHIBIT -B-) VARIABLE WIDT1I I h t TEMPORARY CONSTRUCTION EASEMENT I 1 0,5145 ACRES (22,415 Sq. Ft.) PROPERrYL1NE I h I L27 �L29 P.o.e.PRMOSEDEASEMENr L26 28EXHIBIT'C°L12 L13 L24 /l L25 �\�� „�18 L19 17 L2O P.O.B. 1 > I �-m�t>n� L15 Exxrarr•a' f h L-A L11— ca,c>x� _ L16 `I I _ - r L6 L L21 t4 - L_ L23 �II.7EErHlFOEr-3��tIII�-—L1 J L24 L22 P.0.8. L14 L2 EXHIBIT-O" L3 P.O.B. I 'EXHIBIT A" I O I � (EXHIBIT "D') VARIABLE WIDTH (EXHIBIT -A') VARLkBVE WIDTH t' TEMPORARY CONSTRUCTION EASEMENT PERMANENT WATER EASEMENT 0.1878 ACRES (8,184 Sq. Ft.) 0,8206 ACRES (35,744 Sq. Ft.) O I 3 I o ti IIw � 201.38 ACRES 1 JM1 DENTON STATE SCHOOL 1 VOLUME 435, PACE 12 PROPER rY LINE^� l D.R.T.C.T. !� 1 ! r� NULIBER DIRECTION DISTANCE LI SOl'41 33 W 24.00 L2 N87'47'57'W 618,76' L3 N89'47'22'w 35.11' L4 N70'36 06 W 625.05 L5 4 0 2 W 119.03 L6 S83.50 50 W 502.13 ROBERT H. MITCHELL Lit NOO'2730 E t6.It RUTH MITCHELL LI2 N83'50 57 E 493.84 REMAINDER 5.278 ACRES I L1 N4TO7 52 E 123.6T VOLUME 334, PAGE 3 L14 S70.35'34'E 602.16' (FIRST TRACT) L15 S87.4757 E 681.37 D.R.D.C.T. L16 SOI'41 33 W 15.00 - L17 N70'35'34'W 480.71' Lib N1918'30'E 25.00' L19 S70'34 40 E 511.02 L20 S87'47 57 E 645.04 L21 570'29'01-E 13.89' L22 S4D'07'52'w 129.14 ro fR S8 T�+ Lea Y5050'w 508.85' L24 N00'27'30'E 13.09, 0 300' 600 .. L25 N63'51'09'E 487.09' SHAUN C. SPOONER X L26 N40'07'52'E 140.30' L27 S70'4i'31'E 90,04' 4183 L28 S19'1830 w 25.00 GRAPHIC SCALE IN FEET r::+, . 'o� L29 N70'3534 W 85.64 1" = 300' suit L-A N87'42 04 W 38.12 L ONER & ASSOC. 7417 CONTINENTAL TRAIL DATE 9-26--01 ERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01 AND SURVEYORS 817-281-2355 ACAD FILE 1053--EASE--8 2 ODA nP7 j 1(S- "`?q_ e 5255 01 962 009427 PUBLIC UTILITY E f ASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Denton State School,by and through the Texas Department of Mental Health and Mental Retar- dation(the"Grantor"),in consideration of the payment of the sum of One Dollar and No Cents($1.00) in hand paid by the City of Denton,Texas(City),receipt of which is hereby acknowledged,grants,and conveys to the City a permanent public utility easement across the real property owned by Grantor,as described in EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this document by reference. The grant made includes and is subject to the following: 4 1. Purpose. This easement grants to the City the right to construct, install, reconstruct, repair,relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines, valves, facilities and appurtenances, electric poles,wires and related facilities,communication lines and other public utilities and other related facilities in, on, over, under and across the permanent easement. 2. Temporary Construction Easement. In addition to the permanent easement,the City is hereby granted a temporary construction easement for the initial construction of water facilities and appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and incorporated into this document by reference. Upon conclusion of the initial construction, the temporary construction easement shall terminate and the City shall remove all debris,surplus material, and construction equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed. 3. Building and Structures. Grantor shall not construct,erect or place any buildings,signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City will replace or repair any sidewalk,parking Iot,or driveway in as good or better condition as is reasona- bly practicable, that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs or places buildings, signs, parking lots, driveways,private walkways, or other structures or improve- ments over the permanent easement after execution of this easement document,the City may remove all or part of the structures and improvements as necessary to construct,reconstruct,replace,repair,alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor. 4. Fences and Gates. If necessary to remove or relocate amr fence or gate during the initial construction of the public utility facilities,the City will remove or relocate the fence or gate at City of Denton expense. After completion of the initial construction,the City shall reinstall any fence or gates Page 1 of 4 5255 01963 initially removed or relocated to their original locations,or at the option of the Grantor,reimburse the Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall he limited to the line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the City,may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed across the easement shall contain gates or removable panels so that the easement is read- ily accessible by the City's employees and agents at all times. If the gates are to be kept locked by Grantor,the City shall be provided the keys or other means,as applicable,so that the City may open all locks for access without prior notice to Grantor. 5. Access. For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement. 6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement,but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary construct,reconstruct,replace,repair, alter,relocate,operate its utilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications.Subsidence associated with said construction will be repaired by the City of Denton in a timely manner. 7. Crops. The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction,reconstruction,repair,replacement, or other use of the easement for the purposes granted. 8. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. 9. This easement shall expire upon permanent discontinuation of use by City. Permanent discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by the easement for a period of at least two years. 10. Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document. 11. Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns. Page 2 of 4 5255 019-64 'f g/ Witness my hand, this the day of , 2002. V�� TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL REHABILITATION BY: Name: Title: Address: ATTEST: ;Loo'�Zzlecz APPROVED AS O FORM BY: Page 3 of 4 5255 01965 ACKNOWLEDGMENT THE STATE OF § COUNTY OF 7"ra,/l5 § This instrument was acknowledged before me on J&',c 2002 by /ta�a,t Nct l� SrMN F' CRADDMK fK my coarOoN NotaryPublic,in and forthe State ofTexas .: August 31, My Commission Expires: Accepted this day o 2002 for the City of Denton, Texas (Resolution No. 91- 073). By: Paul Williamson AFTER RECORDING RETURN TO: City of Denton Engineering Department 601 East Hickory Suite B Denton, Texas 76205 ATTN: Paul Williamson Page 4 of 4 C C Page Iof2 `� 255 Q 1966 EXHIBIT I � DESCRIPTIONLELEGAL J !1 M.E.P.&P.R.R.SURVEY,ABST.No.950 Ir CITY OF DENTON,DENTON COUNTY,TEXAS SITUATED in the City of Denton,Denton County,Texas and being a strip of land out of a tract of land conveyed to Denton State School by deed as recorded in Volume 435,Page 12 of the Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Permanent Waterline Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a point on the north property line of the said Denton State School tract said point also being on the existing south right-of-way line of Brighton Drive and bears South 89 degrees 19 minutes 58 seconds West, 17.30 feet from the northeast property corner of the said Denton State School tract; THENCE,South 01 degree 41 minutes 33 seconds East 1,014.21 feet to a point; THENCE,South 00 degrees 13 minutes 23 seconds East 111.67 feet to a point in a fence line on the east property line of the said State School tract,said point also being on the apparent west right-of-way line of State School Road; THENCE,South 02 degrees 17 minutes 25 seconds West,continuing along the said east property line and the said apparent west right-of-way line and generally along a fence,692.34 feet to a point; THENCE,South 02 degrees 19 minutes 10 seconds West,continuing along the said east property line, apparent right-of-way line and fence,212.64 feet to a point at the beginning of a curve to the right whose center bears North 82 degrees 14 minutes 41 seconds West, 1,040.00 feet; THENCE,in a southerly direction,departing the said east property line,apparent right-of-way line and fence and proceeding along the said curve through a central angle of 07 degrees 57 minutes 39 seconds and an arc length of 144.50 feet having a chord direction of South 11 degrees 44 minutes 08 seconds West and chord length of 144.38 feet to a point; THENCE,South 62 degrees 09 minutes 55 seconds East, 152.15 feet to a point on an easterly property line of the said State School tract,said point also being on a westerly property line of a tract of land conveyed to Robert H.Mitchell and Ruth Mitchell by deed recorded in Volume 394,Page 3,D.R.D.C.T.; THENCE,South 02 degrees 04 minutes 13 seconds West,along the common property line between the said State School tract and the said Mitchell tract,26.65 feet to a point; THENCE,North 62 degrees 09 minutes 54 seconds West 193.51 feet to a point at the beginning of a non- tangent curve to the left whose center bears North 73 degrees 18 minutes 13 seconds West 1006.00 feet; THENCE,in a northerly direction,along the said curve through a central angle of 15 degrees 00 minutes 14 seconds and an arc length of 263.44 feet having a chord direction of North 09 degrees 11 minutes 40 seconds East and chord length of 262.69 feet to a point; THENCE,North 01 degree 41 minutes 33 seconds East 973.72 feet to a point; THENCE,North 07 degrees 14 minutes 10 seconds East 103.90 feet to a point; THENCE,North 01 degree 41 minutes 24 seconds East 842.79 feet to a point on the aforementioned north property line of the Denton State School tract and south right-of-way line of Brighton Drive; THENCE,North 89 degrees 19 minutes 58 seconds East along the common line between the said State School tract and right-of-way 24.02 feet to the POINT OF BEGINNING. Page 2of2 5255 0, % EXHIBIT"A" "CONTINUED" LEGAL DESCRIPTION M.E.P.&P.R.R.SURVEY,ABST.No.950 CITY OF DENTON,DENTON COUNTY,'TEXAS The proposed Permanent Waterline Easement being herein described contains 1.5782(68,744 Sq.Ft.)of land to be acquired. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name:Spooner and Associates,Inc. �`�• T� tSTEgFd 9 By: SHAUN G. SPQONER Shaun Spooner A 4183 �♦-�OFes s t o��.04 Registered Professional Land Surveyor, 9�o SUR,4 Texas No.4183 Date of Survey:02-20-02 Revised 3-29-02 2 SJYRVEY: M• E'.'P. 8 P•'R.R. SURY,EY,ABS NO.950 1 PROPERTY ADDRESS: STATE SCHOOL ROAD LOCAy IOA ., C17 Y'OFDENTON,'DkT6N CO., TEXAS PERMANENT WATERLINE EASEMENT: 1.5782 ACRES EXHIBIT'A'PERMANENT WATERLINE EASEMENT REVISED 3-29-02 P.O.BXHIBIT'A.E " I q�l BRlGNTON DRIVE L1 A.O.W.L1Nr PROPERTY LINE. I �y 201.38 ACRES S89'19.55^W 17.30' DENTON STATE SCHOOL VOLUME 435, PACE 12 D.R.T.C.T. l r Ul I I Z I I Q ;-I I a I I Q II 11 II I it CINI II 0 300' 600' GRAPHIC SCALE IN FEET L10�}y 1" = 300' + i I I I �J I I I I jl O it O (EXHIBIT "A°) VARIABLE WIDTH PERMANENT WATERLINE EASEMENT O 1.5782 ACRES (68,744 Sq. Ft.) —I �— 0 I I- U I I I 3 � I !o F— I I� U) I w NUMBER DIRECTION DISTANCE !a L1 N89'19 58 E 24.02 I Q L2 SD1'41'33"E 1014.21' ~ PROPERTY LINE I .Itir) L3 SOO'13'23"F 111,67' jyJ L4 S02.17'25"w 692.34' 201.38 ACRES + LS S2'19' "F. 152.1 ' T' 1-6 562'09 55 E 152.15 DENTON STATE SCHOOL i 1 C1 L7 S02.04'13"w 26.65' VOLUME 435, PACE 12 + 1 1-8 N62.09'54"w 193.51' D.R.T.C.T. L9 N01'41'33"E 973.72' L7 LTD N07'14'10"E 103.90' -I N01'41'24"E 842.79' RQ9ERT H. MITCHELL I RUTH MITCHELL 1 REMAINDER 5.278 ACRES ` VOLUME 394, PACE 3 (FIRST TRACT) D.R.D.C.T. I �P�`••�FR�-F} l J� .......................... SHAUN G. SPOONER .......................... :R 4183 No. IDELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD DIRECTION C1 07'57 39` 1040.00' 14-4.50' 72.37' 144.38 S 11'44'Oa" W S U C2 15'0014 1006.00' 263.44' 132.48' 262.69' IN 09-11'40- E SPOONM & ASSOC. 7417 CONTINENTAL TRAIL DATE 9-26-01 REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01 LAND SURVEYORS 817-281-2355 ACAD FILE 1053-EASE-8 APPROVED AND AGREED: Denton State School Shirley usgr e � Assistant Superintendent of Administration Dated: By: "�1 �61c7j,� - Pat Martin Director of Central Contract and Procurement Support Dated: By: L)� Max Harelik Energy Management Specialist Dated: "Dedicated to Quality Service" W W w.ci lyOfdentot i.coni i 3 a mEPId I s N o � e II I I I U I x l 44-4— +I — L- 3 iS R 4 14-4- u I I v n vw ; I I I II o a O �II ♦D 0 °°•,,� _ � I � ' oo•�icc V26 3NIlHo1VW I I �! 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L. -"Is gLb2 DO•f 11 VIS 3NtlH:)1VV4 ATTACHMENT B REUSE WATER EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar- dation, (the"Grantor"),in consideration of the payment of the sum of One Dollar and No Cents($1.00) in hand paid by the City of Denton,Texas(City),receipt of which is hereby acknowledged,grants,and conveys to the City a water utility easement across the real property owned by Grantor,as described in EXHIBIT"A"and illustrated in EXHIBIT"B",attached to and incorporated into this document by ref- erence. The grant made includes and is subject to the following: I. Purpose. This easement grants to the City this easement for the purpose of constructing,recon- structing,installing,repairing,and maintaining water facilities,upon and across said premises,with the right and privilege at all times of the grantee herein, his or its agents, employees,workmen and repre- sentatives 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 water facilities or any part thereof. This grant specifically includes the right to use, maintain, construct and reconstruct the existing elevated water tank(the`Existing Water Tank")on the water tank site described and illustrated on EXHIBITS"A"and "B". If the City permanently discontinues use of the Existing Water Tank(as definded in Section 9 be- low), or upon cessation of this easement, it shall remove the Existing Water Tank from the water tank site. Grantor represents and warrants that the City shall have a right of ingress and egress between the Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the "Current Access Drive"). Should the Current Access Drive be closed, Grantor shall an alternate access drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable. 2. Temporary Construction Easement. In addition to the permanent easement,the City is hereby granted a temporary construction easement for the initial construction of water facilities and appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT `B", attached to and incorporated into this document by reference. Upon conclusion of the initial construction, the temporary construction easement shall terminate and the City shall remove all debris,surplus material, and construction equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed. 3. Building and Structures. Grantor shall not construct, erect or place any buildings,signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City will replace or repair any sidewalk,parking lot,or driveway in as good or better condition as is reasona- bly practicable, that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the reuse water facilities. If the Grantor con- structs or places buildings,signs,parking lots,driveways,private walkways,or other structures or im- Page 1 of 4 provements over the permanent easement after execution of this easement document,the City may re- move all or part of the structures and improvements as necessary to construct,reconstruct,replace,re- pair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor. 4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex- pense. After completion of the initial constriction,the City shall reinstall any fence or gate initially re- moved or relocated to their original locations,or at the option of the Grantor,reimburse the Grantor for the cost to reinstall any such fence or gate. The reimbursement amount shall be limited to the line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,but not the City, may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times. If the gates are to be kept locked by Grantor,the City shall be provided the keys or other means,as applicable,so that the City may open all locks for access without prior notice to Grantor. 5. Access. For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement. 6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement property. City may cut, trim, of completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement, but the City may remove all or part of any shrubs,vines,grass,or other landscape features as is necessary to construct,reconstruct,replace,repair, alter,relocate,operate its utilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said construction will be repaired by the City of Denton in a timely manner. 7. Crops. The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted. 8. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. 9. This easement shall expire upon permanent discontinuation of use by City or twenty Page 2 of 4 years from the date of this easement,whichever occurs first. Permanent discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by the easement for a period of at least two years 10. Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document. 11. Successors and Assigns. This grant shall nun with the land and shall be binding upon the parties and their heirs, successors and assigns. Witness my hand, this the_day of 12002. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL REHABILITATION BY: Name: Title: Address: ATTEST: BY: APPROVED AS TO FORM BY: Page 3 of 4 ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on 22002 by Notary Public,in and for the State of Texas My Cornmission Expires: Accepted this day of 2002 for the City of Denton, Texas (Resolution No. 91- 073). 01 By: Paul Williamson AFTER RECORDING RETURN TO: City of Denton Engineering Department 601 East Hickory Suite B Denton, Texas 76205 ATTN: Paul Williamson Page 4 of 4 SURVEY: M.E.P.&P.R.R. SURVEY,ABS NO. 950 PROPER I Y AuDRESS: STATE SCHOOL ROAD LOCATION: CITY OF DENTON,DENTON CO., TEXAS PERMANENT WATER EASEMENT: 0.5028 ACRES I PERMANENT WATER EASEMENT POINT OF COMMENCEMENT BRIGHTON DRIVE f RMW VNE I i Oh 4 I ? � 3 =0 a () co ti I Q F- PERMANENT WATER EASEMENT 0.5028 ACRES (21,900 Sq. Ft.) ti• S89'32'31"E 146.00' POINT OF BEGINNING of o I I � I I l r PROPOSED WATER LINE EASEMENT M O AND TEMPORARY CONSTRUCTION EASEMENT t`I I O BY OTHER INSTRUMENT N O 'z L 146.00' N89'32'31"W 201.38 ACRES DENTON STATE SCHOOL VOLUME 435, PACE 12 D.R. T.C. T. i 1� OF T y!•fpiSTERFo'•7 SF{AUN C. SPOONER '•4 4183 ..' GRAPHIC SCALE 1N FEET 1" = 40' suR SPOONER & ASSOC. 7417 CONTINENTAL TRAIL DATE 4-18-02 REGISTERED PROFESSIONAL No. RICHLAND BILLS, TEXAS 76180 JOB NO. 1053-7-01 LAND SURVEYORS 817-281--2355 ACAD FILE 1053-EASE-8 EXH1811 Page I of 2 r LEGAL DESCRIPTION j M.E.P.& P.R.R.SURVEY,ABST.No.950 CITY OF DENTON,DENTON COUNTY,TEXAS l SITUATED in the City of Denton, Denton County,Texas and being a strip of land out of a tract of land conveyed to Denton State School by deed as recorded in Volume 435,Page: 12 of the Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Permanent Water Easement and being herein more particularly described by metes and bounds as follows: COMENCING from the northeast property comer of the said State School tract,said l commencement point being on the southerly right-of-way of Brighton Drive and on the apparent westerly right-of-way of State School Road. I THENCE,South 2 degrees 30 minutes 51 seconds West,along the east property line of the said State School tract and along the said westerly right=of--way of State School Road and generally along a fence,432.49 feet to a point; THENCE,South 2 degrees 17 minutes 56 seconds West,continuing along the said cast property line of the State School tract and along the said westerly right-of-way of Stale School Road and generally along a fence,657.62 feet to a point; THENCE,North 87 degrees 42 minute's 04 seconds Nest 38.12 feet to the POINT OF BEGINNING; THENCE,South 01 degree 41 minutes 33 seconds West 24.00 feet to a point; THENCE,North 87 degrees 47 minutes 57 seconds {.Vest 618.76 feet to a point; THENCE,North 89 degrees 47 minutes 22 seconds West 35.11 feet to a point; THENCE,North 70 degrees 36 minutes 06 seconds Nest 625.05 feet to a point; TIIENCE,South 40 degrees 07 minutes 52 seconds West 119.03 foci to a point; TIIENCE,South 83 degrees 50 minutes 50 seconds Nest 502.13 feet to a point; THENCE,North 00 degrees 27 minutes 30 seconds East 16.11 feet to a point; THENCE,North 83 degrees 50 minutes 57 seconds Gast 493.84 feet to a point; THENCE,North 40 degrees 07 minutes 52 seconds Gast 123.67 feet to a point; THENCE,South 70 degrees 35 minutes 34 seconds East 602.16 feet to a point; THENCE,South 87 degrees 47 minutes 57 seconds Gast 681.37 feet to the POINT OF BEGINNING; I Pagc 2 of 2 EXHIBIT C PAGE 2 "Continued" LE CAL DESCRIPTION M.E.P.& P.R.R.SURVEY,ABST.No.950 i CITY OF DENTON, DENTON COUNTY,TEXAS The proposed Permancut Water Lasesrent being herein dcscribcd contains 0.8206(35,744 Sq. Ft.)of land to be acquired. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name:Spooner and Associates,Inc. CS11AUN o F )N�N fBy: . SPShaun Spooner 183 Registered Professional Land Surveyor, sURTexas No.4183 � Date of Survey:02-20-02 Revised 4-18-02 2 Page IofI EXHIBIT C PAGE 3 i LEGAL DESCRIPTION M.E.P.& P.R.R.SURVEY,ABST.No.950 CITY OF DENTON, DENTON COUNTY,TEXAS SITUATED in the City of Denton,Denton County,Tcsas and being a strip of land out of a tract of } land conveyed to Denton State School by deed as recorded in Volume 435,Pagc 12 of the Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Temporary Construction Easement and being herein more particularly f� described by metes and bounds as follows: BEGINNING at a point within the said Denton State School tract,said point bears South 04 degrees 25 minutes 03 seconds West 1075.84 feet from the northeast property corner of[lie said Denton State School tract; THENCE,South 01 degree 41 minutes 33 seconds West, 15.00 feet to a point; TII ENCE,North 87 degrees 47 minutes 57 seconds Wes[,681.37 feet to a point; THENCE,North 70 degrees 35 minutes 34 seconds West,480.71 feet to a point; l j THENCE,North 19 degrees 18 minutes 30 seconds Cast,25.00 feet to a point; THENCE,South 70 degrees 34 minutes 40 seconds East, 511.02 feet to a point; i THENCE,South 87 degrees 47 minutes 57 seconds East,654.04 feet to the POINT OF BEGINNING. The proposed Temporary Construction Easement being herein described contains 0.5145 acres (22,415 Sq. Ft.)of land to be acquired. i I DO 14EREDY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED j FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. f Company Name:Spooner and Associates,Inc. �- r.�f•.0.F rF, 6j Q• `� tit ©y SIIAUN G. Sf'OONER} Shaun Spooner 4I83 Registered Professional Land Surveyor, +`un"E Texas No.4183 Date of Survey: 02-20-02 i I i t Page I of EXHIBIT C PAGE 4 i 1 i LEGAL DESCRIPTION l M.E.P.& P.R.R.SURVEY,ABST.No.950 CITY Of DENTON,DENTON COUNTY,TEXAS SITUATED in the City of Denton, Denton County,Texas and being a strip of land out of a tract of € land conveyed to Denton Stale School by deed as recorded in Volume 435,Page 12 of the Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Temporary Construction Easement and being herein more particularly j described by metes and bounds as follows: E BEGINNING at a point within the said Denton State School tract,said point bears SoUl11 55 degrees OS minutes 06 seconds West 1515.12 feet from the northeast properly corner of the said i Denton State School tract; t THENCE,South 19 degrees 18 minutes 30 seconds West,25.00 feet to a point; TIIENCE,North 70 degrees 35 minutes 34 seconds West,85.64 feet to a point; .I THENCE,South 40 degrees 07 minutes 52 seconds West, 123.67 feet to a point; TIIENCE,South 83 degrees 50 minutes 57 seconds West,493.84 feet to a point; THENCE,North 00 degrees 27 minutes 30 seconds Cast, 13.09 feet to a point; TIIENCE,North 83 degrees 51 mintites 09 seconds East,487.09 feet ton point; THENCE,North 40 degrees 07 minutes 52 seconds Cast, 140.30 feel to a point; THENCE,South 70 degrees 41 minutes 31 seconds East,90.04 feet to the POINT OF BEGINNING. The proposed Temporary Construction Easement being herein described contains 0.2361 acres (10,287 Sq.F(.)of land to be acquired. I DO HEREBY CtiRTIGY TI IATTI IE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON j THE GROUND AND THAT SAME IS TRUE AND CORRECT. 1 Company Name:Spooner and Associates,Inc. r�o P: r�y r,kfQ.lN e *. By d S11AUN C. SPOONEIZ 5haun Spooner 4 41U's f �P11r ote:'N Registered Professional Land Surveyor, 14�`unvJ; Texas No.4183 Date of Survey:02-20-02 1 .. R Page 1 of I i EXHIBIT C PAGE 5 LEGAL DESCRIPTION M.E.P.& P.R.R.SURVEY,A13ST.Na.950 CITY Or DENTON, DENTON COUNTY,TEXAS SITUATED in the City of Denton,Denton County,"rexas and being a strip of land out of a tract of land conveyed to Denton State School by deed as recorded in Volume 1135, Vage 12 of the Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Temporary Construction Easement and being herein more particularly described by metes and bounds as follows: BEGINNING w a point within the said Denton State School tract,said point bears South 56 degrees 02 minutes 48 seconds West 1584.15 feet from the northeast property corner of the said fDenton State School tract; t TI IENCE,South 40 degrees 07 minutes 52 seconds West, 129.14 feet to a point; TIIENCE,South 83 degrees 50 minutes 50 seconds West,508.85 feet to a point; THENCE,North 00 degrees 27 minutes 30 seconds Gast, 13.09 feet to a point; THENCE,North 83 degrees 50 minutes 50 seconds Gast,502.13 feet to a point; THENCE,North 40 degrees 07 minutes 52 seconds East, 119.03 feet to a point; TI IENCE,South 70 degrees 29 mineies 01 second East, 13.89 feet to the POINT OF BEGINNING. I The proposed Tempurary Construction Easement being herein described contains 0.1878 acres (8,184 Sq. Ff.)of land to be acquired. I i I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED I FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT HAT SAME 1S'rRUE AND CORRECT. I I Company Name:Spooner and Associates, Inc. I 1^� y:e e' By: V I{AUN G. Sr00NE[t Shaun Spooner 4:103. . .0.:Ao�. . . .o�'..¢. Registered Professional Land Surveyor, 1Lr` sutiv�{� Texas No.4183 Date of Survey:02-20-02 I ' 1 EXHIBIT B SURVEY: M.E.P.&P.R.R. SURVEY,ABS NO.950 PROPERTY ADDRESS: STATE SCHOOL ROAD LOCATION. CITY OF DENTON,DENTON CO., TEXAS PERMANENT WATER EASEMENT.' 0.8206 ACRES l EXHIBIT'A'PERMANENT WATER EASEMENT POINT OF COMMENCEMENT EXHIBITS'B',-C-,AND'D'TEMPORARY BRIGHTON DRIVE CONSTRUCTION EASEMENTS R O.W.L!N£ ' REVISED 4-18-02 Till 201.38 ACRES DENTON STATE SCHOOL I II o VOLUME 435, PACE 12 It h o D.R.T.C.T. II UNUTYEASEMENr (EXHIBIT -C-) VARIABLE WIDTH PROPOSED PUBBY HERINSIAUww II TEMPORARY CONSTRUCTION EASEMENT 11 0.2361 ACRES (10,287 Sq. Ft.) !! (EXHIBIT "B') VARIABLE WIDTH !I h TEMPORARY CONSTRUCTION EASEMENT I 0.5145 ACRES (22,416 Sq. Ft.) PAOPfRTY LINE N L27 III \L29 P.O.H.PROPOSED EASEUEN T LZ6 28 EXHIBIT"C"L24 L12 L251 �� �L18 L1 L17 L20 P.O.B, r ry EXHIBIT r l mTmrm�� L21 C4 L15 1 ` L-A L11 L16 1 — �,avm'-� V- L6 L L24 ~~ L23 L22 P.O.B. L14 IIIJlI1marEflEQIl�1QIlID1III1 - L1 I EXHIBIT"D" L3 P.O.B. I 'EXHIBIT A" I Q i ¢O (EXHIBIT "D") VARIABLE WIDTH (EXHIBIT "A') VARLORE WIDTH TEMPORARY CONSTRUCTION EASEMENT PERMANENT WATER EASEMENT 0.1878 ACRES (8,184 Sq. Ft.) 0.8206 ACRES (35,744 Sq. Ft.) I p I U , I 09 W W I i i O 1� I W 201.38 ACRES la DENTON STATE SCHOOL 1 VOLUME 435, PACE 12 PROP£RTYLINE4 D.R.T.C.T. 1 • r k rI NUMBER DIRECTION DISTANCE ! t L1 501.41 33 W 24.00 \� I L2 N8747'57'W 618.76' L3 N89'47'22"W 35.11' L4 N70'36 06 W 625.05 L5 S40.07 52 W 119.03 L6 S83'50 50 W 502.1J ROBERT H. MITCHELL t11 NOO'2730 E 16.n RUTH MITCHELL L12 N83'50 57 E 493.84 REMAINDER 5.278 ACRES L13 N40'D7 52 E 123.67 T VOLUME 394, PACE 3 L14 S70'35'34'E 602,16' (FIRST TRACT) , LIS S87'4757 E 681.37 D.R.D.C.T. L16 s01.4r 33 w 15.00 - - L17 N70'35'34'W 400.71' L18 N1918'30'E 25.00' 09 S70'3440'E 5)1.02 L20 S87'47'57"E 645.04 L21 S70'29'01'E 13.89' L22 S40'07'52'W 129.14' t Sf ,....•• T P.•'T,15 Tfq'.ff. L23 583'50'50'W 508.85' '.•'c. * eo•.> 1,24 N00'27'30'E 13,09' 0 300' 600' e ........ ................ L25 NB3'51'09'E 487.09' K SHAUN C. SPOONER L26 N40'07'52'E 140.30' 4183 L27 570'41'31'E 90.04' Q L28 S19'1830 W 25.00 GRAPHIC SCALE IN FEET fss1, o L29 N70'35 34 W 85.64 1� = 300, SUR L-A N87.42 04 W 38.12 SPOO= & ASSOC. 7417 CONTINENTAL TRAIL DAIS 9-26-01 REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 76180 JOB NO, 1053-7-01 LAND SURVEYORS 817-281-2355 ACAD FILE 1053—EASE-8 ATTACHMENT C PUBLIC UTILITY EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Denton State School,by and through the Texas Department of Mental Health and Mental Retar- dation(the"Grantor"),in consideration of the payment of the sum of One Dollar and No Cents($1.00) in hand paid by the City of Denton,Texas(City),receipt of which is hereby acknowledged,grants,and conveys to the City a permanent public utility easement across the real property owned by Grantor,as described in EXHIBIT "A" and illustrated in EXHIBIT `B", attached to and incorporated into this document by reference. The grant made includes and is subject to the following: 1. Purpose. This easement grants to the City the right to construct, install, reconstruct, repair,relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines,valves, facilities and appurtenances, electric poles,wires and related facilities,communication lines and other public utilities and other related facilities in, on, over; tinder and across the permanent easement. 2. Building and Structures. Grantor shall not construct,erect or place any buildings,signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City will replace or repair any sidewalk,parking lot,or driveway in as good or better condition as is reasona- bly practicable, that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs or places buildings, signs, parking Iots, driveways, private walkways, or other structures or improve- ments over the permanent easement after execution of this easement document,the City may remove all or part of the structures and improvements as necessary to construct,reconstruct,replace,repair,alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor. 3. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial construction of the public utility facilities, the City will remove or relocate the fence or gate at City of Denton expense. After completion of the initial construction,the City shall reinstall any fence or gates initially removed or relocated to their original locations, or at the option of the Grantor,reimburse the Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall be limited to the line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the City, may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed across the easement shall contain gates or removable panels so that the easement is read- ily accessible by the City's employees and agents at all times. If the gates are to be kept locked by Page 1 of 4 r Grantor,the City shall be provided the keys or other means,as applicable,so that the City may open all locks for access without prior notice to Grantor. 4. Access. For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement. 5. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct,replace,repair, alter,relocate,operate its utilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications.Subsidence associated with said construction will be repaired by the City of Denton in a timely manner. 6. Crops. The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair,replacement, or other use of the easement for the purposes granted. 7. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. S. This easement shall expire upon permanent discontinuation of use by City. Permanent discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by the easement for a period of at least two years. 9. Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document. 10. Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns. Witness my hand, this the_day of , 2002. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL REHABILITATION BY: Page 2 of 4 Name: Title: Address: ATTEST: BY: APPROVED AS TO FORM BY: ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on ,2002 by Page 3 of 4 Nota yPublic,in and for the State ofTexas My Commission Expires: Accepted this day of 2002 for the City of Denton, Texas (Resolution No. 91- 073). By: Paul Williamson AFTER RECORDING RETURN TO: City of Denton Engineering Department 601 East Hickory Suite B Denton, Texas 76205 ATTN: Paul Williamson Page 4 of 4 Page 1 of 2 EXHIBIT A LEGAL DESCRIPTION M.E.P.& P.R.R.SURVEY,ABST.No.950 CITY OF DENTON,DENTON COUNTY,TEXAS SITUATED in the City of Denton,Denton County,Texas and being a strip of land out of a tract of land conveyed to Denton State School by deed as recorded in Volume 435,Page 12 of the Deed Records of Denton County.Texas(D.R.D.C.T.)said strip of land heing herein described as a proposed variable width Permanent Public Utility Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a point on the north property line of the said Denton State School tract said point also being on the existing south right-of-way line of Brighton Drive and bears South 89 degrees 19 minutes 58 seconds West, 17.30 feet from the northeast property comer of the said Denton State School tract; THENCE,South 01 degree 41 minutes 33 seconds East 1,014.21 feet to a point; THENCE,South 00 degrees 13 minutes 23 seconds East 111.67 feet to a point in a fence line on the east property line of the said State School tract,said point also being oil the apparent west right-of-way line of State School Road; THENCE,South 02 degrees 17 minutes 25 seconds West,continuing along the said east property line and the said apparent west right-of-way line and generally along a fence,692.34 feet to a point; THENCE,South 02 degrees 19 minutes 10 seconds West,continuing along the said cast property line, apparent right-of-way line and fence,212.64 feet to a point at the beginning of a curve to the right whose center bears North 82 degrees 14 minutes 41 seconds West, 1,040.00 feet; THENCE,in a southerly direction,departing the said cast property fine,apparent right-of-way line and fence and proceeding along the said curve through a central angle of 07 degrees 57 minutes 39 seconds and an arc length of 144.50 feet having a chord direction of South I 1 degrees 44 minutes 08 seconds West and chord length of 144.38 feet to a point; THENCE,South 62 degrees 09 minutes 55 seconds East, 152.15 feet to a point on an easterly property line of the said State School tract,said point also being on a westerly property line of a tract of land conveyed to Robert H. Mitchell and Ruth Mitchell by deed recorded in Volume 394,Page 3,D.R.D.C.T.; THENCE,South 02 degrees 04 minutes 13 seconds West,along the common property line between the said State School tract and the said Mitchell tract,26.65 feet to a point; THENCE,North 62 degrees 09 minutes 54 seconds West 193.51 feet to a point at the beginning of a non- tangent curve to the left whose center bears North 73 degrees 18 minutes 13 seconds West 1006.00 feet; THENCE,in a northerly direction,along the said curve through a central angle of 15 degrees 00 minutes 14 seconds and an arc length of 263.44 feet having a chord direction of North 09 degrees 11 minutes 40 seconds East and chord length of 262.69 feet to a point; THENCE,North 01 degree 41 minutes 33 seconds East 973.72 feet to a point; THENCE,North 07 degrees 14 minutes 10 seconds East 103.90 feet to a point; THENCE,North 01 degree 41 minutes 24 seconds Cast 842.79 feet to a point on the aforementioned north property line of the Denton State School tract and south right-of-way line of Brighton Drive; THENCE,North 89 degrees 19 minutes 58 seconds East along tite common line between the said State School tract and right-of-way 24.02 feet to the POINT OF BEGINNING. i I I Page 2 of 2 LEGAL DESCRIPTION "CONTINUED" M.E.P.& P.R.R.SURVEY,ABST.No.950 CITY OF DENTON,DENTON COUNTY,TEXAS The proposed Permanent Public Utility Easement being herein described contains 1.5782(68,744 Sq. Ft.) of land to be acquired. I DO HERESY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name:Spooner and Associates,Inc. r� OF i 07 (P By. R S SIiAUN G. SPOONER Shaun Spooner 4It33 .•C.9Or£551o+�.OQ Registered Professional Land Surveyor, ��'to Su 10 1-{ -f Texas No.4183 Date of Survey:02-20-02 Revised 4-18-02 2 EXHIBIT B SURVEY: M.E.P. &P.R.R. SURVEY,ASS NO. 950 PROPERTY ADDRESS: STATE SCHOOL ROAD LOCATION: CITY OF DENTON,DENTON CO., TEXAS PERMANENT PUBLIC UTILITY EASEMENT- 1.5782 ACRES PERMANENT PUBLIC UTILITY EASEMENT REVISED 4-18-02 i P.O.B. EXHIBIT A" BRIGHTON DRIVE I R.OW LINE L1 ^PROPER fY UNE ' zo 1.3s ACRES ! DENTON STATE SCHOOL I! 3 VOLUME 435, PACE 12 I f I d D.R.T.C.T. i fIZ IW �II Zf f f ! 1 f 0 300, 600' 1 jI _ I fl L10 GRAPHIC -SCALE IN FEET J I" = 300, + I • I � ! 4 f Q I � 1 � VARIABLE WIDTH PERMANENT PUBLIC UTILITY EASEMENT 1.5782 ACRES (68,744 Sq. Ft.) J U rnI -wz' 3 1 CO I Iw NUMBER DIRECTION DISTANCE a Lt N89'19 58 E 24.02 I I� L2 501'41'33"E 1014.21' PROPEWYUNE—A L3 500'13.23"£ 111.67' L4 S02'17'25-W 692.34' f J L5 S02'19'10"W 212.64' to 201.38 ACRES U I L6 562-04 55£ 152.15 DENTON STATE SCHOOL I C1 L7 S02.04'13-w 26.65' VOLUME 435, PACE 12 I L8 N52-09'54-w 193.51' D.R.T.C.T. `��6 L7 L9 Not a1'33"e 973.72' L10 N07'14'10"E 103.90' �8 L11 N01'41'24'E 842.79' ROBERT H. MITCHELL RUTH MITCHELL REMAINDER 5.278 ACRES I \ VOLUME 394, PACE 3 (FIRST TRACT) D.R.D.C.T. i6 of rF �r,.��1 s rr�f•.t .......................... SHAUN C. SAOONER .......................... 4183 No. IDELTA ANGLE IRADIUS JARC LENGTH ITANGENT ICHORD LENGTH ICHORD DIRECTION ... C1 07'57'39' 1040.00' 144.50' 72.37' 144.38' IS 11.44'OS- W SUR f C2 15*0014 1006.00' 263.44' 132.48' 262.69' IN 09'11'40- E SPOONER & ASSOC. 7417 CONTINENTAL TRAIL DATE 9-26-01 REGISTERED PROFESSIONAL. No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01 LAND SURVEYORS 817-281--2355 ACAD FILE 1053—EASE-8 REUSE WATER EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar- dation,(the"Grantor"),in consideration of the payment of the sum of One Dollar and No Cents($1.00) in hand paid by the City of Denton,Texas(City),receipt of which is hereby acknowledged,grants,and conveys to the City a water utility easement across the real property owned by Grantor,as described in EXHIBIT"A"and illustrated in EXHIBIT"B",attached to and incorporated into this document by ref- erence. The grant made includes and is subject to the following: l. Purpose. This easement grants to the City this easement for the purpose of constructing,recon- structing,installing,repairing,and maintaining water facilities,upon and across said premises,with the right and privilege at all times of the grantee herein,his or its agents, employees,workmen and repre- sentatives 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 water facilities or any part thereof. This grant specifically includes the right to use, maintain, construct and reconstruct the existing elevated water tank(the"Existing Water Tank")on the water tank site described and illustrated on EXHIBITS"A"and "B". If the City permanently discontinues use of the Existing Water Tank(as definded in Section 9 be- low), or upon cessation of this easement,it shall remove the Existing Water Tank from the water tank site. Grantor represents and warrants that the City shall have a right of ingress and egress between the Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the "Current Access Drive"). Should the Current Access Drive be closed,Grantor shall an alternate access drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable. 2. Temporary Construction Easement. In addition to the permanent easement,the City is hereby granted a temporary construction easement for the initial construction of water facilities and appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and incorporated into this document by reference. Upon conclusion of the initial construction, the temporary construction easement shall terminate and the City shall remove all debris, surplus material, and construction equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed. 3. Building and Structures. Grantor shall not construct,erect or place any buildings,signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City will replace or repair any sidewalk,parking lot,or driveway in as good or better condition as is reasona- bly practicable,that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the reuse water facilities. If the Grantor con- structs or places buildings, signs,parking lots,driveways,private walkways,or other structures or im- Page 1 of 4 provements over the permanent easement after execution of this easement document,the City may re- move all or part of the structures and improvements as necessary to construct,reconstruct,replace,re- pair, alter,relocate,operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor. 4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex- pense. After completion of the initial construction,the City shall reinstall any fence or gate initially re- moved or relocated to their original locations,or at the option of the Grantor,reimburse the Grantor for the cost to reinstall any such fence or gate.The reimbursement amount shall be limited to the line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,but not the City,may construct new fences and gates on the pennanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times. If the gates are to be kept locked by Grantor,the City shall be provided the keys or other means,as applicable,so that the City may open all locks for access without prior notice to Grantor. 5. Access. For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement. 6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement,but the City may remove all or part of any shrubs,vines,grass,or other landscape features as is necessary to construct,reconstruct,replace,repair, alter,relocate,operate its utilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said construction will be repaired by the City of Denton in a timely manner. 7. Crops. The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction,reconstruction, repair,replacement, or other use of the easement for the purposes granted. 8. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. 9. This easement shall expire upon permanent discontinuation of use by City or twenty Page 2 of 4 years from the date of this easement,whichever occurs first. Permanent discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by the easement for a period of at least two years 10. Neither party has made any representations orpromises outside the written provisions of this easement document relating to the subject matter of this easement document. 11. Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns. Witness my hand,this the g?day of �u.v�e� , 2002. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL REHABILITATION BY: Name: Title: Address: ATTEST: BY APPROVED A TO FORM BY: 7 Page 3 of 4 ACKNOWLEDGMENT THE STATE OF § COUNTY OF ' T LS § This instrument was acknowledged before me onj'unL2q 2002 by Ka.rcv% 13 _ "� STMN R. CRADDOCK Notary Public,in and for the Stake of Texas F.: .= Hrr CM MOWN My C nmiission Expires: August 31, 2004 Accepted this day of 2002 for the City of Denton, Texas (Resolution No. 91- 073). By: Paul Williamson AFTER RECORDING RETURN TO: City of Denton Engineering Department 601 East Hickory Suite B Denton, Texas 76205 ATTN: Paul Williamson Page 4 of 4 Page 1 of 2 EXHIBIT"A„ LEGAL DESCRIPTION M.E.P.&P.R.R.SURVEY,ABST.No.950 CITY OF DENTON,DENTON COUNTY,TEXAS SITUATED in the City of Denton,Denton County,Texas and being a strip of land out of a tract of land conveyed to Denton State School by deed as recorded in Volume 435,Page 12 of the Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Permanent Waterline Easement and being herein more particularly described by metes and bounds as follows: COMENCING from the northeast property corner of the said State School tract,said commencement point being on the southerly right-of-way of Brighton Drive and on the apparent westerly right-of-way of State School Road. THENCE,South 2 degrees 30 minutes 51 seconds West,along the east property line of the said State School tract and along the said westerly right-of-way of State School Road and generally along a fence,432.49 feet to a point; THENCE,South 2 degrees 17 minutes 56 seconds West,continuing along the said east property line of the State School tract and along the said westerly right-of-way of State School Road and generally along a fence,657.62 feet to a point; THENCE,North 87 degrees 42 minutes 04 seconds West 39.12 feet to the POINT OF BEGINNING; THENCE,South 01 degree 41 minutes 33 seconds West 24.00 feet to a point; THENCE,North 87 degrees 47 minutes 57 seconds West 618.76 feet to a point; THENCE,North 89 degrees 47 minutes 22 seconds West 35.11 feet to a point; THENCE,North 70 degrees 36 minutes 06 seconds West 625.05 feet to a point; THENCE,South 40 degrees 07 minutes 52 seconds West 119.03 feet to a point; THENCE,South 83 degrees 50 minutes 50 seconds West 502.13 feet to a point; THENCE,South 00 degrees 27 minutes 30 seconds West 56.24 feet to a point; THENCE,North 89 degrees 32 minutes 30 seconds West 146.00 feet to a point; THENCE,North 00 degrees 27 minutes 29 seconds East 150.00 feet to a point; THENCE,South 89 degrees 32 minutes 30 seconds East 146.00 feet to a point; THENCE,South 00 degrees 27 minutes 30 seconds West 77.65 feet to a point; THENCE,North 83 degrees 50 minutes 57 seconds East 493.84 feet to a point; THENCE,North 40 degrees 07 minutes 52 seconds East 123.67 feet to a point; THENCE,South 70 degrees 35 minutes 34 seconds East 602.16 feet to a point; THENCE,South 87 degrees 47 minutes 57 seconds East 681.37 feet to the POINT OF BEGINNING; 1 Page 2 of 2 EXHIBIT 16A" LEGAL DESCRIPTION M.E.P.&P.R.R.SURVEY,ABET.No.950 . CITY OF DENTON,DENTON COUNTY,TEXAS The proposed Permanent Waterline Easement being herein described contains 1.3233(57,644 Sq.Ft.)of land to be acquired. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name:Spooner and Associates,Inc. R�•O-F. rF SHAUN C- SPO0NER Shaun Spooner ... �•A 4183 � �OPesstio.`'npQ- Registered Professional Land Surveyor, �'�'o suit' Texas No.4183 Date of Survey:02-20-02 Revised 3-29-02 2 UZVEY.' M.E.P. &P.R.R. SURVEY,ABS NO. 950 PROPERTY ADDRESS.. STATE SCHOOL ROAD DCA TION. CITY OF DENTON,DENTON CO., TEXAS PERMANENT WATERLINE EASEMENT. 1.3233 ACRES s EXHIBIT"A'PERMANENT WATERLINE EASEMENT POINT OF COMMENCEMENT EXHIBITS.'B","C",AND"D"TEMPORARY BRIGHTON DRIVE :ONSTRUCTION EASEMENTS R.O.W.LINE REVISED 3-29-02 201.38 ACRES I I DENTON STATE SCHOOL VOLUME 435, PAGE 12 D.R.T.C.T i it a ry II � r1 PROPOSED WATER LINE EASEMENT I I EXHIBIT "C") VARIABLE WIDTH BY OTHER INSTRUMENT I I "EMPORARY CONSTRUCTION EASEMENT ).2361 ACRES (10,287 Sq. Ft.) 1 1 (EXHIBIT "B") VARIABLE WIDTH i h TEMPORARY CONSTRUCTION EASEMENT r I 0.5145 ACRES (22,415 Sq. Ft.) PROPERTY LINE�u L27 L26\29 P.O.B. I y EXHIBIT"C' L2 L11 L12 L13 < L18 r L19 P.O.B. L10 L24 L25 zy I L17 L2 EXHIBIT"8" ' z zrrs L6 L L21 / C4 L16 L14 zrrrrzzrr�lzz�J.rrrzzv� L1 L24 L7 �L23 L22 P.O.B. L2 I L8 EXHIBIT"D" L3 P.O.B. r EXHIBIT'A" ; I o (EXHIBIT "D-) VARLIBLE WIDTH (EXHIBIT "A") VARIABLE WIDTH i cr- TEMPORARY CONSTRUCTION EASEMENT PERMANENT WATERLINE EASEMENT i Q 0.1878 ACRES (8,184 Sq. Ft.) 1.3233 ACRES (57,644 Sq. Ft.) i I O II U i !ci LLJ 1I co I w 201.38 ACRES DENTON STATE SCHOOL VOLUME 435, PAGE 12 PROP£RTYLINE-� NUMBER DIRECTION DISTANCE D.R.T.C.T. � L1 SO7741 33 W 24.00 I L2 N87'47'57"W 618.76' I 1-3 N89'47'22'W 35.11' lIII L4 N70'36 06 W 625.05 r l L5 S40'07 52 W 119.03 L6 S83'50 50 W 502.13 L7 SQO'27'30"W 56.24 L8 N8932 30 W 146.00 L9 N00'27 29 E 150.00 1 L10 S89'32 30 E 146:00 ROBERT H. MITCHELL L11 S00'27 30 w 77.65 RUTH MITCHELL L12 N83'50 57 E 493.84 REMAINDER 5.278 ACRES L13 N40'07 52 E 123.67 VOLUME 394, PAGE 3 L14 S70'35'34"E 602.16' (FIRST TRACT) L15 587'4757 E 651.37 _ D.R.D.C.T L16 90T4-1 33 W 15.00 L17 N70'35'34"W 4803V U8 N19'18'30'E 25.00' L19 S70'34 40 E 511.02 L20 S87'47 57"E 645,04' L21 S70'29'01"E 13.89' _ p F L22 S40'07 52"W 129.14 L23 S83'50'50'W 508.85' L24 N00'27'30"E 13.09, 0 300' 600' :..................:. L25 N83'51'09"E 487.09' SHAUN G. SPOONER .......................... L26 N40'07'52"E 140.30' '; 4183 ��,•' L27 S70.41'31'E 90.04'L28 9'18 30 W 25.0 0 GRAPHIC SCALE IN FEET Essia`''o� S1 L29 00'3534 W 85.64 1 = 300, SUR L—A N87'42 04 W 38.12 SPOONER & ASSOC- 7417 CONTINENTAL TRAIL DATE 9-26-01 REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01 LAND SURVEYORS 817-281-2355 ACAD FILE 1053-EASE-8 PUBLIC UTILITY EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Denton State School,by and through the Texas Department of Mental Health and Mental Retar- dation(the"Grantor"),in consideration of the payment of the sum of One Dollar and No Cents($1.00) in hand paid by the City of Denton,Texas(City),receipt of which is hereby acknowledged,grants,and conveys to the City a permanent public utility casement across the real property owned by Grantor,as described in EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this document by reference. The grant made includes and is subject to the following: I. Purpose. This easement grants to the City the right to construct, install, reconstruct, repair,relocate, operate, and maintain water lines,sanitary sewer lines, storm water pipelines,valves, facilities and appurtenances,electric poles,wires and related facilities,communication lines and other public utilities and other related facilities in, on, over, under and across the permanent easement. 2. Temporary Construction Easement. In addition to the permanent easement,the City is hereby granted a temporary construction easement for the initial construction of water facilities and appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and incorporated into this document by reference. Upon conclusion of the initial construction, the temporary construction easement shall terminate and the City shall remove all debris,surplus material, and construction equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed. 3. Building and Structures. Grantor shall not construct,erect or place any buildings,signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City will replace or repair any sidewalk,parking lot,or driveway in as good or better condition as is reasona- bly practicable, that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs or places buildings, signs,parking lots, driveways,private walkways, or other structures or improve- ments over the permanent easement after execution of this easement document,the City may remove all or part of the structures and improvements as necessary to construct,reconstruct,replace,repair,alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor. 4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial construction of the public utility facilities,the City will remove or relocate the fence or gate at City of Denton expense. After completion of the initial construction,the City shall reinstall any fence or gates Page 1 of 4 initially removed or relocated to their original locations,or at the option of the Grantor, reimburse the Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall be limited to the line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the City, may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed across the easement shall contain gates or removable panels so that the easement is read- ily accessible by the City's employees and agents at all times. 1f the gates are to be kept locked by Grantor,the City shall be provided the keys or other means,as applicable,so that the City may open all locks for access without prior notice to Grantor. 5. Access. For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement. b. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement,but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary construct,reconstruct,replace,repair, alter,relocate,operate its utilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said construction will be repaired by the City of Denton in a timely manner. 7. Crops. The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction, reconstruction,repair,replacement,or other use of the easement for the purposes granted. 8. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. 9. This easement shall expire upon permanent discontinuation of use by City. Permanent discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by the easement for a period of at least two years. 10. Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document. 11. Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns. Page 2 of 4 Witness my hand, this the day of �u,�,. , 2002. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL REHABILITATION BY: LC% Name: Title: Address: ATTEST: B APPROVEZFORM BY: Page 3 of 4 ACKNOWLEDGMENT THE STATE OF "resco,s § COUNTY OF rrctdi s § This instrument was acknowledged before me on f,c. 2002 by Krc,a F f o-le. STEVEN P,. CRAB my commissm : Notary Public,in and for the State of Texas August 31, 2004 My C,ommissionExpires: Accepted this day of 2002 for the City of Denton, Texas (Resolution No. 91- 073). By: Paul Williamson AFTER RECORDING RETURN TO: City of Denton Engineering Department 601 East Hickory Suite B Denton, Texas 76205 ATTN: Paul Williamson Page 4 of 4 Page 1 of 2 EXHIBIT"A" LEGAL DESCRIPTION M.E.P.&P.R.R.SURVEY,ABST.No.950 CITY OF DENTON,DENTON COUNTY,TEXAS SITUATED in the City of Denton,Denton County,Texas and being a strip of land out of a tract of land conveyed to Denton State School by deed as recorded in Volume 435,Page 12 of the Deed Records of Denton County,Texas(D.R.D.C.T.)said strip of land being herein described as a proposed variable width Permanent Waterline Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a point on the north property line of the said Denton State School tract said point also being on the existing south right-of-way line of Brighton Drive and bears South 89 degrees 19 minutes 58 seconds West, 17.30 feet from the northeast property corner of the said Denton State School tract; THENCE,South 01 degree 41 minutes 33 seconds East 1,014.21 feet to a point; THENCE,South 00 degrees 13 minutes 23 seconds East H 1.67 feet to a point in a fence line on the east property line of the said State School tract,said point also being on the apparent west right-of-way line of State School Road; THENCE,South 02 degrees 17 minutes 25 seconds West,continuing along the said east property line and the said apparent west right-of-way line and generally along a fence,692.34 feet to a point; THENCE,South 02 degrees 19 minutes 10 seconds West,continuing along the said east property line, apparent right-of-way line and fence,212.64 feet to a point at the beginning of a curve to the right whose center bears North 82 degrees 14 minutes 41 seconds West, 1,040.00 feet; THENCE,in a southerly direction,departing the said east property line,apparent right-of-way line and fence and proceeding along the said curve through a central angle of 07 degrees 57 minutes 39 seconds and an arc length of 144.50 feet having a chord direction of South 11 degrees 44 minutes 08 seconds West and chord length of 144,38 feet to a point; THENCE,South 62 degrees 09 minutes 55 seconds East, 152.15 feet to a point on an easterly property line of the said State School tract,said point also being on a westerly property line of a tract of land conveyed to Robert H.Mitchell and Ruth Mitchell by deed recorded in Volume 394,Page 3,D.R.D.C.T.; THENCE,South 02 degrees 04 minutes 13 seconds West,along the common property line between the said State School tract and the said Mitchell tract,26.65 feet to a point; THENCE,North 62 degrees 09 minutes 54 seconds West 193.51 feet to a point at the beginning of a non- tangent curve to the left whose center bears North 73 degrees 18 minutes 13 seconds West 1006.00 feet; THENCE,in a northerly direction,along the said curve through a central angle of 15 degrees 00 minutes 14 seconds and an arc length of 263.44 feet having a chord direction of North 09 degrees l 1 minute_s 40 seconds East and chord length of 262.69 feet to a point; THENCE,North 01 degree 41 minutes 33 seconds East 973.72 feet to a point; THENCE,North 07 degrees 14 minutes 10 seconds East 103.90 feet to a point; THENCE,North 01 degree 41 minutes 24 seconds East 842.79 feet to a point on the aforementioned north property line of the Denton State School tract and south right-of-way line of Brighton Drive; THENCE,North 89 degrees 19 minutes 58 seconds East along the common line between the said State School tract and right-of-way 24.02 feet to the POINT OF BEGINNING. 1 Page 2 of 2 EXHIBIT/°A" "CONTINUED" LEGAL DESCRIPTION M.E.P.&P.R.R.SURVEY,ABST.No.950 CITY OF DENTON,DENTON COUNTY,TEXAS The proposed Permanent Waterline Easement being herein described contains 1.5782(68,744 Sq.Ft.)of land to be acquired. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 1S TRUE AND CORRECT, Company Name:Spooner and Associates,Inc. ...................... ... BY SHAUN G. Sp00NER Shaun Spooner - � 4183 �•.,P�Ff S 5 S,��'O� Registered Professional'Land Surveyor, 9yO suR��� Texas No.4183 Date of Survey:02-20-02 Revised 3-29-02 2 „ :RVEY: M.E.P. &P.R.R. SURVEY,ABS NO. 950 PROPERTY ADDRESS: STATE SCHOOL ROAD OCATION: CITY OF DENTON,DENTON CO., TEXAS PERMANENT WATERLINE EASEMENT: 1.5782 ACRES =](HIBIT A”PERMANENT WATERLINE EASEMENT REVISED 3-29-02 P.O.B. EXHIBIT"A" BRIGHTON DRIVE R.o.w uNE Ll PROPERTY ONE. I 201.38 ACRES S89'19'58"W 17.30' I I w DENTON STATE SCHOOL VOLUME 435, PAGE 12 1 I o D.R.T.C.T. I Ida I I z Ir � �I I J{ I II f1 II I1! � I I� II 0 300' 600' 1 1 Ih GRAPHIC SCALE IN FEET L10 1" = 300, I ' I I IJ I ) I1(I I I II � I O (EXHIBIT -A") VARIABLE WIDTH I z PERMANENT WATERLINE EASEMENT 1.5782 ACRES (68,744 Sq. Ft.) —i f p IIn U rn1 � W 13 !� I Ic I ff w NUMBER DIRECTION DISTANCE fa L1 N89'19 58 E 24.02 I Q L2 S01'41'33"E 1014-21' PROPERTY LINE I h L3 S00'13'23"E 111.67' L4 S02'17'25"W 692.34' 201.38 ACRES I L5 S02'19'10"W 212.64' DENTON STATE SCHOOL f C1 L7 s02ro4'13"w 26?655 VOLUME 435, PACE 12 1 r L8 N62.09'54"w 193.51' D.R.TC.T l �6 L9 NOI'41'33"E 973,72' L7 LID N07'14'10"E 103,90' Ltt NOI'41'24"E 842.79' ROBERT H. MITCHELL 1 RUTH MITCHELL REMAINDER 5.278 ACRES VOLUME 394, PAGE 3 (FIRST TRACT) D.R.D.C.T. �� o F 1 .......................... SHAUN ... .... R .............. ........ 4183 No. IDELTA ANGLE IRADIUS JARC LENGTH ITANGFNT CHORD LENGTH CHORD DIRECTION f SU C1 07*57,39" 1040,00' 144.50' 72.37' 144.38' S 11'44'08" W C2 15'00 14 1006,00' 263.44' 132.48' 252.69' IN 09'11'40- E SPOONM & ASSOC. 7417 CONTINENTAL TRAIL DATE 9-26-01 REGISTERED PROFESSIONAL No. RICHLAND HILLS, TEXAS 76180 JOB NO. 1053-7-01 LAND SURVEYORS 817-281-2355 ACAD FILE 1053-EASE-8