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:
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