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1995-076E:\WPDOCS\ORD\RIGHTOF.ORD AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF-ENTRY PERMIT BETWEEN THE CITY OF DENTON AND THE US ARMY CORPS OF ENGINEERS, FT. WORTH DISTRICT, IN ORDER TO CONSTRUCT A DRAINAGE DITCH AND MAINTENANCE ROAD AND TO PERFORM OTHER CONSTRUCTION WORK AS NECESSARY IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS FOR THE RAY ROBERTS LAKE SEEPAGE AND DRAINAGE CONTROL PROJECT, AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute the Right-of-Way Permit between the City of Denton and the US Army Corps of Engineers, Ft. Worth District for the construction of a drainage ditch and maintenance road and to perform other construc- tion work as necessary in accordance with the approved plans and specifications for the Ray Roberts Lake Seepage and Drainage Control Project. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~-~day of ~ , 1995. BOB CASTL~BERRY, ~R~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY DEPARTMENT OF TEE ARMY RIGHT-OF ENTRY FOR CONSTRUCTION Ray Roberts Lake A Tract of Land in the Sylvester Denton County, Texas Williams Survey (A-1322) The undersigned, hereinafter called the "Owner", in consideration of the total compensation to be paid by the UNITED STATES OF AMERICA, hereinafter called the "Government", for all land or easement rights hereinafter described, to be determined by subsequent agreement between the Owner and the Government, or by judicial proceedings, hereby grants to the Government, a permit or right-of-entry upon the following terms and conditions; 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of eighteen (18) months from the date of this instrument, in order to construct a drainage ditch and maintenance road and to perform other construction work as necessary in accordance with the approved plans and specifications for the Ray Roberts Lake Seepage and Drainage Control Project. 2. This permit includes the right of ingress and egress on other lands of the Owner not described below, provided that such ingress and egress is necessary in order to construct the drainage ditch and maintenance road referenced above and not otherwise conveniently available to the Government. 3. All tools, equipment, buildings, improvements, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right-of-entry. 4. The Government shall have the right to patrol and police the lands hereinafter described during the period of this permit or right-of-entry. 5. If aircraft flights over said lands, or entry upon the land by means of helicopter or other type aircraft, are necessary, the Government shall inform the Owner, in advance, of each such flight or entry. 6. It is understood and agreed that if the Government does not acquire title or other necessary interest to land hereinafter described below and other land utilized in the construction herein described prior to the expiration of this permit or right-of-entry, or any renewal thereof, the Government agrees to be responsible for any damage arisin9 from the activity of the Government, its employees and/or contractors on said lands, in the exercise of rights under this permit or right-of-entry, and shall repair such damages, or, in lieu thereof and at the option of the Government, shall make an appropriate settlement with the Owner. The land affected by this permit or right-of-entry is located in the County of Denton, State of Texas, and is more particularly described as the area outlined in red on the attached drawing, marked Exhibit "A". Executed this //~'~ day of ~ , 1995. CITY OF DENTON, TEXAS JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY US ARMY CORPS OF ENGINEERS FT. WORTH DISTRICT BY: TITLE: C: \WPDOCS\K~RIGHTOF. K PAGE 2