1997-174 ORDINANCE NO. qQ - ! q ~
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CItY OF DENTON,
TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING AN
EASEMENT MODIFICATION AGREEMENT WITH HILLWOOD/OAKMONT II, LTD,
AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Cny Manager is authorized to act on behalf of the City of Denton
m executing an easement modification agreement w~th Hfllwood/Oakmont II, LTD, a copy of
which is attached hereto and made a part hereof
SECTION II That this ordinance shall become effective lmme&ately upon its passage
and approval
PASSED AND APPROVED this the [ r-/fi'~day of ~ ,
1997
JAC
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
041676
STATE OF TEXAS §
COUNTY OF DENTON §
EASEMENT MODIFICATION AGREEMENT
Preamble
Th~s Agreement is made on~qf~l. ~-, 19~17, at Denton, Denton County Texas,
between HILLWOOD/OAKMONT II, LTD, acting by and through ~ts duly authorized
representative, Fred Balda, as Grantor, and the CITY OF DENTON, TEXAS, as Grantee,
as an agreed modification of an easement recorded in the records of Denton County,
Texasias Document 94-R0080178, granted by Yorkshire, Incorporated to the C~ty of
Denton, Texas (hereinafter, the "1994 easement")
RECITALS
1 By another instrument, Grantor has been assigned the rights previously held by
Yorkshire, Incorporated as to all real property burdened by the 1994 easement
2 Grantor and Grantee desire to change the terms of the 1994 easement because the
1994 easement failed to recogntze and properly &spose rights created by a particular
blanket eleemc transmission easement recorded at Book 38 l, Page 493, of the records
of Denton County, Texas (hereinafter, the "1952 easement")
3 B~azos Eleetrm Power Cooperative, Incorporated executed an agreement dated
October 23, 1987, and recorded at volume 2736, Page 825 of the Real Property
Records of Denton County, Texas, ass~gmng to Grantee all easement rights afforded
by a number of prior blanket electric transmission easements, ~nclud~ng the 1952
easement
4 Grantor and Grantee recogmze that the 1994 easement was intended to hmlt as to
loCaUon and further define the rights conveyed by the blanket easements referenced m
the preceding recital, ~ncludmg the 1952 easement
5 Grantor and Grantee further recognize that through oversight or error, the 1952
easement was not hsted among those easements hm~ted and further defined by the
1994 easement
6 Grantor and Grantee further recognize that one umntended result of the
aforemenuoned oversight or error was that the pomon of the 1952 easement not
described by Exhtb~t A of the 1994 easement was not made subject to the release
contmned w~thm paragraph 1 3 of the 1994 easement
7 GCantor and Grantee intend by th~s modtficat~on to release all easement rights
conveyed by the 1952 easement ~n favor of the designation of location described by
Exhibit A of the 1994 easement, to the extent that Exhibit A of the 1994 easement
describes property subject to the 1952 easement
8 Grantor and Grantee further intend by th~s modification to reaffirm the easement
rights created and/or modffied by the 1994 easement w~th regard to that portmn of the
property encumbered by the 1952 easement described by Exh~ba A of the 1994
easement
Easement Modification Agreement between l-hllwood/Oakmont II, LTD Page 1 of 3
and the City of Danton, Texas
9 No other mo&ficatlons to the 1994 easement are intended by thts document, and all
provtstons of the 1994 easement not spectfically modified hereto are intended to
remain mtact, unless subsequently mo&fled in wnttng by the parttes to the 1994
easement, or thetr asstgnees
NOW, THEREFORE, tn consideratton often dollars and other good and valuable
constderat~on, the parttes hereto agree that the terms of the 1994 easement are hereby
amended by fully mcorporattng by reference heretn all portions of the 1994 easement,
and tnsertmg the followmg language as paragraph 1 2 8 thereto
8. Easement granted by Mrs. Sarah Fewell, a widow, recorded in
Volume 381, Page 493, Deed Records, Denton County, Denton
County, Texas, filed August 4, 1952, F Curbler Survey,
Abstract Number 300
IN WITNESS WHEREOF, th~s instrument ts executed thts [~'4'2h day of
Plainly., , 1997
m EWOOD/0A dONT n, OF De r0 , TEXAS
B BY ~'5 ~
~;pP~e~Snl~otrporatton Ted Benavtdes, City Manager
STATE OF TEXAS
COUNTY OF
This mstrument was acknowledged before me on the iq ~t' day of
.~,[ 1997 by Fred Balda, Vice Prestdent of Htllwood
Development Corporation, on behalf of said corporatton
Easement Modification Agreement between Hfllwood/Oakmont II LTD Page 2 of 3
and the City of Denton, Texas
STATE OF TEXAS
COUNTY OF DENTON
Th~s instrument was acknowledged before me on the//~' day of
1997 by Ted Benav~des, C~ty Manager of the C~ty of Denton, Texas, J( mumc~pal
corporation, on behalf of smd corporation
Easement Modfficat~on Agreement between Hfllwood/Oak~nont II, LTD Page 3 of 3
and the C~ty of Denton, Texas
Return To
City Of Denton
Engineering & Transportation Dept
231 North Elm Street
Benton, Texas 76201
Attention Roger N Wdkmson
Fzled for Record
DENTON COUNTY rx
HONORABLE TIN HO~GES/COUNTY
CLEkK
~t 3 86pm
Doc/Nu~ 97 R8841676
Doc~type CAS
Recocdin~. 9 00
Doo/Mgmt :. 6.00
Re~ezpt ~. 19869
Deputy - BRAND~E