1998-070 ORDINANCE NO ~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF
THE CITY OF DENTON A 50' PUBLIC STREET EASEMENT CONVEYING TO THE CITY
OF CORINTH THE RIGHT TO USE 1148 ACRE OF THE ABANDONED RAILROAD
RIGHT-OF-WAY TO BE USED FOR THE DENTON BRANCH RAIL/TRAILS PROJECT
FOR THE CONSTRUCTION OF BURL STREET WITHIN THE CITY OF CORINTH, AND
PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager Is hereby authorized to execute on the behalf of the
Ctty of Denton, a 50' public street easement conveying to the City of Corinth the r, ght to use
1148 acre of the abandoned railroad right-of-way to be used for the Denton Branch Rails/Trails
Project for the construction of a Burl Street within the City of Corinth, a copy of such easement
being attached hereto and made a part hereof for all purposes
SECTION II That this ordinance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED this the \-Iac` day of ~ ,1998
JA~VIILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
PUBLIC STREET EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENT'
COUNTY OF DENTON
That the City of Denton, Texas a mumcipal corporation (Grantor), for and In
consideration of the sum of [$0 12 per square foot for the property described in Exhibit "A"]
Five-Hundred Ninety-Nme ($599 00) DOLLARS to the undersigned in hand pa~d by the City of
Connth, a mumcipal corporation (Grantee), the receipt of which is hereby acknowledged and
confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto soad
Grantee, its successors and assigns, subject to the reversionary rights and privileges of Missouri
Pacific Ratkoad Company (Paulroad) and Grantor set forth in the Line Sale Contract between
Rmkoad and Grantor of July 2, 1993, adopted pursuant to City of Denton Ordinance No 93-177
and limited by 16 U S C 1247 (d), section 8(d) of the National Trail System Act and subject to
easements and licenses of record, lnterlocal agreements and Grantee's perpetual and superior right
to maintain a trail system and expand the type and number of public utilities vatlun grantee's
jurisdiction to mamt0an and operate w~ttun the property described in Erdubit "A", an easement for
the passage of vebacular and pedestrian traffic, together with the customary uses attendant
thereto, over, under, through, across and along all that certain lot, tract, parcel of land described
in Exhibit "A", attached hereto and made a part hereof by reference for all purposes
The Grantee is acqumng th~s easement for the purpose of constructing, using and
ma~ntmmn8 a public street at an appropriate grade and in accordance w~th such plans and
specifications wbach wdl best serve the public while at the same time protecting the integrity of
the ex~stmg railroad roadbed and accommodating the construction of the Denton Branch
Rml/Tnul Project as emas~oned by the lnterlocal agreement between the C~ty of Denton and the
Texas Department of Transportation dated November 7, 1997 and adopted pursuant to City of
Denton Ordinance No 95-227
Grantee, by talang possession of this easement )e g grading or preparing the railroad
roadbed for street construction) agrees to comply wath the followang terms
(1) Rep~ur, mochfy or reconstruct the street improvements (and customary uses attendant
thereto) authorized above at Grantee's expense if same is required for Grantor (a) to
comply with the mterlocal agreement referenced in Ordinance No 95-277 above or any
agreement between Federal or State agencies required to receive funding for thc
construction and maintenance of the Denton Branch Rml/Tnul Project (b) to repmr,
modify, reconstruct, install or construct Grantor's utilities in the easement area
(2) Repair and restore any improvements in the easement area, lawfully placed therein by
Grantor, its agents, employees or independent contractors or by others pursuant to an
easement, agreement or license granted by Grantor or its predecessor, the Rmlroad,
damaged by the neghgence of Grantee or its agents, employees, or independent
Public Street Easement
Page 2 of 6
contractors workang in the easement area with Grantee's approval, in constructing and
mamtmmng a public street To the extent permatted by law, Grantee agrees to lndemmfi~
and hold harmless Grantor, its officers, employees, agems (winch may include the Texas
Department of Transportation) and independent contractors from all claims or liabilities
due to aetlvmes of Grantee, tts officers, employees, agents, and independent contractors
perfonmng work m the easement area which results from error, onusslon or negligent act
of Grantee, tts officers, employees, agents, and independent contractors Additionally, to
the extent permatted by law, the Grantee shall hold harmless the Grantor, Its officers,
employees, agems (TxDot) and Independent comractors from any and all expenses,
lnoludmg attorney fees and court costs winch may be incurred by the Grantor and the
enttt~es above m pnv~ty wtth Grantor (e g TxDot) m htlgat~on or otherwise resisting smd
clatm or habflltaes winch might be imposed or the Grantor or those in pnvlty with Grantor
as a result of such acmattes by the Grantee, its officers, employees, agents or independent
contractors
TO ltAVE AND TO HOLD the above described easemem, together w~th all and
singular the rights and appurtenances thereto m anywise belonging umo the smd Grantee, xts
successors, and assigns forever, and Grantor is hereby bound, together w~th all he,rs, executors,
adrmmstrators or successors, to warrant and forever defend all and singular the smd easement
umo the Grantee, its successors and assigns, against every person whomsoever lawfully clatrmng,
or to clmm tho same or any part thoreof, subject only to the rights and lmutatlons contmned m the
Line Sale Contract and other documents incorporated lmo adoption of Ctty of Demon Ordinance
No 93-117
EXECUTED tins / ~q..4_ day of ~, 1998
CITY OF DENTON, TEXAS (Grantor)
CITY ~~R - ~
Pubhc Street Easement
Page 3 of 6
Approved tlus 1,~1~,~. of February, 1998, by the Ctty Council of the City of Connth, Texas
c
~ O~ A X% ~ -~h,rley Spe~er~rg
~.{ ~ ~1.} Mayor. City of Connth
ATTE~ ~. ~ f g
Co~e Bell
C~ty Secret~, C~ of Connth, Texas
STATE OF TEXAS
COUNTY OF DENTON
Tlus instrument is acknowledged before me, on th~s ttq~ day of t;J~, 1998, by
SHIRLEY SPELLERBERG, Mayor of the City of Corinth, Texas a mum¢lp~l corporation,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the smd City of Connth, Texas, a municipal
corporation, that she was duly authorized to perform the same by the City council of the City of
Corinth and that she executed the same as the act of the said City for the purposes and
consideration therein expressed, and m the capacity therein stated
Connie Bell
Notary Public for the State of Texas
Public Street Easement
Page 4 of 6
STATE OF TEXAS
CO T¥ OF DE TO
This Instrument is acknowledged before me, on tills /~W/~ day of ,~~ , 1998, by
TED BENAVIDES, Cay Manager of the City of Denton, Texas a mume~pal corporation, known
to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said C~ty of Demon, Texas, a mum¢lpal
corporation, that he was duly authorized to perform the same by appropriate ordinance of the City
council of the City of Denton and that he executed the same as the act of the smd C~ty for the
purposes and consideration therein expressed, and ~n the capacity therem stated
O, a~4 ACRES
CLYOE F;SHER
VOL t508. PG. 5gl
R~CT
~LS TO T~L~
FUT~
Cl~ OF DENTON
dA~5~ RANCH
93-R005848~
R,P.R.D.C T
~78.3e2a~CRES
~P.ROCT
A~ZTIQN
SL~ aic OF
S. ~ BL~K E
/
Pubhc Street Easement EXHIBIT A
Page 6 of 6 LEGAL DESCRIPTION
50' STREET EASEMENT
0.1148 ACRE
BEING a tract of land out of the H H SWISHER SURVEY, Abstract No 1220, ~n the C~ty of Connth, Denton County, Texas,
and being part of the tract of land descnbed in deed to the City of Denton, recorded ~n Denton County Clerk's File No 93-
R0058485 of the Real Property Records of Denton County, Texas, and being more pert~cularly described as follows
BEGINNING at · point in the in the westerly line of the 72 3822 acre tract of land described ~n deed to HSM Devco, Ltd,
r~orded in Denton County Clerk's Rle No 97R-0044368 of the Real Property Records of Denton County, Texas and the
easterly line of the beforemengoned C~ty of Denton tract, from which the northwest corner of · 5 5068 acre tract of land
described ~n deed to 1-351Sw~sher Jolm Venture, recorded in Demon County Clark's File No 97R-0044387 of the Real
Property Records of Denton County, Texas bears South 15'38'00' East, a distance of 1332 49 feat,
THENCE leaving the westerly line of the 72 3822 acre tract end the easterly line of the sa~d C~y of Denton tract, South
74'22'00' West, a d~atance of 100 00 feet to e point for corner In the westerly line of the sad City of Denton tract,
THENCE w~h the westedy hne of the said City of Denton tract, North 15°44'08' West, a d~stance of 50 00 feet to a poet
for corner,
THENCE leaving the westerly line of the sa~l City of Denton tract, North 74°22'00" East, a distance of 100 09 fe..et_~o a
point for corner in the easterly line of the said City of Denton tract,
THENCE with the easterly line of the ea~d City of Denton tract, South 15°38'00" East, a distance of 50 00 feet to the
POINT OF BEGINNING and containing 5002 square feet or 0 1148 acre of land
Beanng system based upon the deed of the 72 3822 acre tract of land described ~n deed to HMS Devco, Ltd , recorded
~n Denton County Clerk's File No 97-R0044368 of the Real Property Records of Denton County, Texas
A-2