1994-028j:\wpdocs\ord\west
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT BETWEEN THE CITY OF DENTON AND BOWLUS WEST TO PURCHASE
PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a
Real Estate Contract between the city of Denton and Bowlus West,
for the purchase of property, under the terms and conditions
contained in said agreement, which is attached hereto and made a
part hereof, and is authorized to execute any other document which
may be associated with the purchase of said property.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~day of ~_ , 1994.
BOB CASTLEBERRY, MAY~ ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPRuvhD AS TO LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Bowlus West, 3455
Courtyard Circle, Dallas, Texas 75234 (hereinafter referred to as
,,Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of
Denton, Denton County, Texas, (hereinafter referred to as
,,Purchaser"), upon the terms and conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 6.16 acres of land including a dwelling with
outbuildings situated in Denton County, Texas, being more
particularly described in Exhibit "A" attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertaining to the
property, including any right, title and interest of Seller in and
to adjacent streets, alleys or rights-of-way (all of such real
property, rights, and appurtenances being hereinafter referred to
as the "Property"), together with any improvements, fixtures, and
personal property situated on and attached to the Property, except
Seller may remove wooden interior fences and the well pump, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth.
pURCHASE PRICE
1. Amount of Purchase Pric~. The purchase price for the
Property shall be the sum of One Hundred Forty-Six Thousand Five
Hundred Dollars ($146,500.00).
2. Payment of Purchase Price. The full amount of the purchase
price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions, any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
liminary title report (the "Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Purch-
aser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all un-
acceptable matters to the reasonable satisfaction of Purchaser. In
the event Seller is unable to do so within ten (10) days after re-
ceipt of written notice, this Agreement shall thereupon be null and
void for all purposes and the Escrow Deposit shall be forthwith re-
turned by the Title Company to Purchaser; otherwise, this condition
shall be deemed to be acceptable and any objection thereto shall be
deemed to have been waived for all purposes.
2. Survey. Seller shall within twenty (20) days from the date
hereof, at Purchaser's sole cost and expense, deliver to Purchaser
a current survey of the Property, prepared by a duly licensed Texas
land surveyor acceptable to Purchaser. The survey shall be staked
on the ground, and shall show the location of all improvements,
highways, streets, roads, railroads, rivers, creeks, or other water
courses, fences, easements, and rights-of-way on or adjacent to the
Property, if any, and shall contain the surveyor's certification
that there are no encroachments on the Property and shall set forth
the number of total acres comprising the Property, together with a
metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact. Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, obser-
ved, and complied with all of the covenants, agreements, and con-
ditions required by this Agreement to be performed, observed, and
complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date:
PAGE 2
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers;
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority;
3. Seller has complied with all applicable laws, ordinance,
regulations, statues, rules and restrictions relating to the
Property, or any part thereof.
4. There are no toxic or hazardous wastes or materials on or
within the Property. Such toxic or hazardous wastes or materials
include, but are not limited to, hazardous materials or wastes as
same are defined by the Resource Conservation and Recovery Act
(RCTA), as amended, and the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA), as amended. In the event
any such toxic or hazardous wastes or materials are found upon the
Property, Seller shall be responsible and agrees to pay for the
expense of removal of these wastes or materials upon receipt of
written notice of the presence of these wastes or materials.
CLOSING
The closing shall be held at the office of Republic Title,
Denton, Texas, on or before
or at such time, date, and place as Seller and Purchaser may
mutually agree upon (which date is herein referred to as the
"closing date").
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements,
assessments, and restrictions, except for the following:
1. General real estate taxes for the year
of closing and subsequent years not yet
due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations
hereof; and
3. Any exceptions approved by Purchaser
in writing.
PAGE 3
B. Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by Republic Title, Denton,
Texas, (the "Title Company") in Purchaser's favor in the
full amount of the purchase price, insuring Purchaser's fee
simple title to the Property subject only to those title
exceptions listed in Closinq Requirements hereof, such
other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, provided,
however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller;
2. The exception as to restrictive
covenants shall be endorsed "None of
Record";
3. The exception as to the lien for taxes
shall be limited to the year of closing
and shall be endorsed "Not Yet Due and
Payable"; and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property.
2. Purchaser's Requirements. Purchaser shall pay the full
cash purchase price to Seller at Closing in immediately available
funds.
3. Closin~ Costs. Through the date of Closing, Purchaser
shall only be responsible for the payment of taxes assessed by the
City of Denton and, Seller shall pay all other taxes assessed by
any other tax jurisdiction. Any taxes imposed, assessed or arising
because of a change of use of the Property after closing shall be
paid by Seller, save and except taxes so imposed by the City of
Denton, which taxes shall be paid by Purchaser.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller.
PAGE 4
REAL ESTATE COMMISSION
All real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale
of the Property except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
Agreement.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement.
MISCELLANEOUS
1. Assiqnment of Aqreement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
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, addres-
sed 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 Agreement 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 Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
PAGE 5
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said invalid-
ity, illegality, or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if the
invalid, illegal, or unenforceable provision had never been
contained herein.
7. Prior Aqreements Superseded. This Agreement 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 Agreement.
9. Gender. Words of any gender used in this Agreement 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. Memorandum of Contract. Upon request of either party, both
parties shall promptly execute a memorandum of this Agreement
suitable for filing of record.
11. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within five (5) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this //~ day of /~£-J~w , 19 ~
SELLER
Bowlus West
3455 Courtyard Circle
Dallas, Texas 75234
214-490-1295
PAGE 6
PURCHASER
TH~T~ DENTON, TEXAS
215 E. McKinney Street
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged~efore me on // -
/~/~ , 1994, by ~.%'/~,,.:t.~ //~//-
I:~.:/ Novzmber1,,1996 ~ NOTARY ~BLIC IN AND FOR TEXAS
STATE OF TEXAS
COUNTY OF DENTON
~s~t~Lument is acknowledged ~e3~ore,me. the on /~/~-~
of the---C~l-tT~7- Den.t. on, 'a municipal .~orp6r~tion, known to me to be
the person ~d officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the
said City of Denton, Texas, a municipal corporation, that he was
duly authorized to perform the same by appropriate resolution of
the City Council of the City of Denton and that he executed the
same as the act of the said City for purpose and consideration
therein expressed, and in the capacity therein stated.
"~ ....... ~ ~ot~ ~,,~ ~ ~o~ ~u~c z~ ~ ~o~ ~s
j:\wpdocs\k\westland.k
PAGE 7
GF=~94R01009 DT1 WARRANTY DEED
Date: March 18, 1994
Grantor: B. Bowlus West and Pennye L. West
Grantor's Mailing Address: 3455 Courtyard Circle
(including county) Dallas, Texas 75234
Grantee: City of Denton
Grantee's Mailing Address: 215 E. McKinney Street
(including county) Denton, Denton County, Texas 76201
Consideration:
For and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged.
Property (including any improvements):
Being a 6.187 acre tract of land situated in the GIDEON WALKER
SURVEY, Abstract No. 1330, Denton County, Texas and more
particularly described on Exhibit "A" attached hereto and made a
part hereof for all purposes.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made and accepted subject to all easements,
reservations, conditions, covenants and restrictive covenants as
the same appear of record in the office of the County Clerk of the
county in which the property is situated, to the extent that the
same apply to subject property and remain in effect.
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof~ except as to the reservations
from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include
the plural.
B. Bowlus West Pennye~L. West
ACKNOWLEDGMENT
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
THIS INSTRUMENT was acknowledged before me on the /~ day of
March, 1994 by B. Bowlus West and wife, 3~n~y~L. West.
~J ~ t, [~ ]-J My C0mmlssl0~ Expire8
~"~:~;'~'"~ ~:~'f NOV. 1, 1907
ACKNOW'r,E
THE STATE OF TEXAS )
)
COUNTY OF DEN?ON )
THTS TNSTRUMENT was acknow.ledged before me on the __ day of
March, 1994 by
Notary Public, State of Texas
After Recording Please Return to:
City of Denton
215 E. McKinney
Denton, Texas 76201
A: \WarOeed. Frm
EXHIBIT "A"
All that certain tract or parcel of land situated in the GIDEON WALKER SURVEY
ABSTRACT 1330, Denton County, Texas, being a part of a certain (called) 42.5
acre tract deeded by N.A. Loew, et ux, to W.A. Coyle on the lOth day of
January, 1953, recorded in VOLUME 385, PAGE 177, Deed Records of said County,
and being more fully described as follows:
BEGINNING at the Northwest corner of a 5 acre tract deeded by W.A. Coyle to
J.W. Kellum in VOLUME 432, PAGE 467, Deed Records of said County, dated the
30th day of August, 1957;
THENCE South 88 degrees, 55 minutes 04 seconds East, along a fence a distance
of 860.53 feet to an iron pin;
THENCE South 02 degrees, 25 minutes 46 seconds West, along a fence a distance
of 305.82 feet to an iron pin;
THENCE North 88 degrees, 27minutes 46 seconds West, a distance of 311.72
feet to an iron pin;
THENCE South 08 degrees, 34 minutes 26 seconds West, along a fence a distance
of 23.06 feet to an iron pin;
THENCE North 87 degrees, 09 minutes 54 seconds West, along a fence a distance
of 547.48 feet to an iron pin;
THENCE North 02 degrees, 40 minutes 28 seconds East, a distance of 309.49
feet to the POINT OF BEGINNING and containing 6.187 acres of land, more or
less.
~il~d ~o~ Re~o~d in~
D~NTON COONTY~ TX
Typ~ ~ ~ 1~.OO
DENTON COUNTY
DEPARTMENT OF PUBLIC WORKS'- MICHAEL A. JONES, P.E.
DIRECTOR OF PUBLIC WORKS
(817) 565,8698
COURTHOUSE ON THE SQUARE 110 W. HICKORY DENTON, TEXAS 76201
April 7, 1994
Mr. Roger Wilkinson RE: Installation of
Supervisor, Right-of-Way utility poles and
City of Denton electric power lines
Municipal Building on Ryan Road
215 E. McKinney
Denton, TX 76201
Dear Mr. Wilkinson:
Your utility installation request was approved by Commissioner's Court on April 5, 1994.
Attached is the Court Order granting you permission to install utility poles and electric power
lines in the right-of-way of Ryan Road, in accordance with the stipulations contained therein.
Also enclosed is a copy of our installation specifications that must be followed during the course
of the project.
Please have your contractor coordinate the subject installation with Jack Wagner, Field
Administrator, Pnblic Works Department, (817) 565-8689, at least forty-eight hours prior to
beginning any construction.
Sincerely,
Kelly Zwinggi, Project Manager
Denton County Public 'Works
KZ:jp
xc: Commissioner Don Hill, Precinct//4
Michael A. Jones, P.E., Director of Public Works
Jack Wagner, Field Administrator
Enclosures
COMMISSIONERS COURT ORDER NO. q ~2/- O~D~--
THE STATE OF TEXAS § ROADS: UTILITY LINE
§ INSTALLATION
COUNTY OF DENTON §
On ~?ei J ~- , 197._~. the Commissioners Court of Denton County Texas met with the following
members present and participating, to wit:
Jeff Moseley County Judge, Presiding
Kirk Wilson Commissioner, Precinct #1
Sandy Jacobs Commissioner, Precinct #2
Scott Armey Commissioner, Precinct #3
Don Hill Commissioner, Precinct #4
and at such session, among other business coming to the attention of the Court, was the consideration of
a request from The City of Denton for permission to install approximately 3384' of utility poles and
electric power lines within the right-of-way of Ryan Road, (a Denton County Road), east of FM 1830.
TO: CITY OF DENTON, GRANTEE
The Commissioners Court of Denton County has no objection to the location of your proposed utility
cable, line and/or structure within the right-of-way of the county road as shown on the accompanying
drawings and per our specifications (copy attached).
It is expressly understood that the Commissioners Court does not purport, hereby, to grant any right,
claim title or easement in or upon this right-of-way. A permit is hereby granted for continuous use with
the following conditions:
1. This order pertains only to the installation of water,electric, natural gas and cable
television lines. Telephone and telegraph line installation is exempt from this
Commissioners Court Order.
2. All work on the county right-of-way shall be performed in accordance with county
instruction and specifications. (See attached.) The installation shall not damage any part
of the county road,and adequate provisions must be made to cause minimum
inconvenience to traffic, adequate barricading during construction and adjacent property
owners;
3. All utility installations across county roads shall be bored and encased (unless open cut
trenches are specifically permitted);
4. The owner, his heirs or assigns shall bear expense of removal or relocations should
county require same for purpose of improving or widening the road, or in the event said
road shall become a farm-to-market road or highway;
5. Denton County, its employees, agents or assigns will be held harmless of all claims,
actions or damages of every kind and description which may accrue to or be suffered by
any person or persons, corporation or property by reason of the performance of any such
works, character of materials used or manner of installation, maintenance or operation
or by improper occupancy or rights-of-way or public place or public structure, and in
case any suit or action is brought against Denton County for damages arising out of or
by reasons of any of the above causes The City of Denton. (Grantee), its successors or
assigns will upon notice to him or them of commencement of such action, defend the
same at his or their own expense and will satisfy any judgment after said suit or action
shall have finally been determined if adverse to Denton County;
6. Denton County, its employees and agents will at no time be held liable for any damage
or injury done to the property of The City of Denton. Grantee whether in
contract or in tort, which may result from improving and/or maintaining county roads;
and
7. The utility company is to contact the Department of Public Works twenty four (24) hours
prior to commencing work.
Approved, ordered and dated this the -~- day of ¢t:/ , 197_'(.
/,~.,~,/l(4o;eb~y, Coun~ Judge/~
[ /"/Denton County, Texas
"~-Officio Clerk ~
County Clerk for D6ntod County
Denton County, Texas
Attachments: Denton County Utility Line Application
Installation Specifications
DENTON COUNTY UTILITY LINE INSTALLATION SPECIFICATIONS
l. All ntility l. Jnen ebell be installed ne near aa practical to the
ootaide limits of tl~e Connty road right-of-way. This in also to
inelnda abovegronnd installation and the setting of utility poles. No
ditching machinery shall ba operated npon tbs crown of any roadway
unl.em~ specifically permitted.
2. All utility ].Jnn~ shall Da h{trJad nta depth of not lema than
thirty-mix (36) incbe~ ne top of conduit balow tb~ existing grade line
of tbs area of installation.
3. All ntility lines crosslng a county road shall be bored and
encased nnless open eat trenches ara npaciflcal, ly permitted.
4. At all points where excavations and boring are made Jn pnbl~e
right-of-way, the applicant will. replace and recompact tho snbgrada
and will restore tile roadway sectlon to the same condition as existed
prior to the excavation and bore.
5. The applicant will remove and relocate its ntilIty 1.lees should
it become necessary tn order to accommodate widening, realigning, and/
or improving Connty roads at no cost to Denton Connty.
6. Tile applicant shal.]., from the commencement of the instal, lateen of
ntility l. inem and thnrnaftor for a per:led of twolve (12) months from
the date the ~nstal.lntion la completed and accepted, assume all
responsibility for damages resnlting to tb~ landowner or to any other
person caused by the installation of the ntility lines and shall hold
Denton County barmlams from any obligation or cl.a~m or damages that
may be alleged mr reanlt from fitch utility construction or operation,
Applicant agrees to indemnify Denton County for any costa or expenses
inclnding hot not limited to reasonable attnrney'n fens. which Denton
County may bn legally reqnired to pay, reselling from damages cnn~ad
by the installation. Tile '~ndemnity by the applicant shall cover
claims ocenrring darlng the twelve (12) month period. The applicant
shall also rnimbnrse Denton Coanty for ~ta costs and ~xpenmea ~n
repairing a eat or bore during tbs twelve (12) month period, when the
applicant cannot repalr sam~, nnd, ~n tb~ Judgement of tb~ Com-
missioner of the Precinct wherein the road la located, the cat or bore
must be immediately repaired, or when the appllcnnt has been reqnosted
to repair same and either refoses or fails to repair same within three
days from the date of the reqnnnted repair.
7. A copy of the applicant's Conrt Order must be on ]ocatlon at each
Jobslt~ at ail times.
8. Before commencing any work on Coeoty roads or County right-of-way
onder the authority of this Conrt Order or by any other claimed
autbority (i.nclndJng nnch work as tr]mm:lng and/or catting trees,
removing or dJ. aponing of brush or materials of any kind from $aid road
and/or right-of-way, etc.) the applicant Company shall notify the
appropriate Commissioner where work la to be performed, of the ap-
proxJ.mate time tba~ work will commence, which notice ehali I>~ at
forty-eight (48) honrm pr~or to commencing naJd work.
9. Sbonld Commissioner Court find It necessary to employ an
npactor or insp~eeora to anfore0 thane provJnJonn, a charge will bn
mmda by tbn Connty to the nppltcnot to pey the comte of, or a portion
of the cost. of, employing maid :lnnl)nctor of :lnmpectora.
CITYofDENTON, TEX~S MUNICIPALBUILDING / 215E. McKINNEY / DENTON, TEXAS76201
March 16, 1994
Michael A. Jones
Director of Public Works
Denton County, Texas
Court House on the Square
ll0 West Hickory
Denton, TX 76201
Dear Mr. Jones:
Re: Proposed overhead electric power lines along Ryan Road
The city of Denton is proposing to install utility poles and
electric power lines within the right-of-way of Ryan Road south of
Denton. Attached are drawings illustrating the proposed location.
We formally request permission to locate the utility lines in the
Ryan Road right-of-way as shown on the map.
Please review, and if you have any questions or comments, feel free
to call me at 817-566-8350.
Thank you for your cooperation!
Respectfully submitted,
Roger Wilkinson
Supervisor of Engineering Techs
Right-of-Way
AEE00358
817/566-8200 D/FW METRO 434-2529
DENTON COUNTY .......
DEPARTMENT OF PUBLIC WORKS
MICHAEL A. JONES, P.E.
DIRECTOR OF PUBLIC WORKS
(817) 565-8698
COURTHOUSE ON THE SQUARE 110 W. HICKORY DENTON, TEXAS 76201
February 16, 1994
Mr. Roger N. Wilkison RE: Installation of utility poles
Supervisor, Right-Of-Way and e!eztfic power lines on
City of Denton Ryan Road
Municipal Building
Denton, TX 76201
Dear Mr. Wilkison:
Your utility installation request was approved by Commissioners Court on February 15, 1994.
Attached is the Court Order granting you permission to install utility poles and electric power
lines in tbe right-of-way of Ryan Road, in accordance with the stipulations contained therein.
Also enclosed is a copy of our installation specifications that must be followed during the course
of the project.
Please have your contractor coordinate the subject installation with Jack Wagner, Field
Administrator for our Public Works Department, (817) 565-8689 at least forty-eight (48) hours
prior to beginning any construction.
Sincerely, ·
Ke~llyt Zwinggi
Project Manager
KZ:jp
xc: Commissioners Court
Michael A. Jones, P.E., Director of Public Works
Jack Wagner, Field Administrator
Enclosures
c:\utllappv\
COMMISSIONERS COURT ORDER NO.
THE STATE OF TEXAS § ROADS: UTILITY LINE
§ INSTALLATION
COUNTY OF DENTON §
On ~'Uor~,~q iff . 19~, the Commissioners Court of Denton County Texas met with the following
members pre~ent and participating, to wit:
Jeff Moseley County Judge, Presiding
Kirk Wilson Commissioner, Precinct #1
Sandy Jacobs Commissioner, Precinct #2
Scott Armey Commissioner, Precinct #3
Don Hill Commissioner, Precinct #4
and at such session, among other business coming to the attention of the Court, was the consideration of
a request from The City Denton for permission to install u~;itity poles and electric ~ower lines within
the right-of-way of Ryan Road, (a Denton County Road), approximately 700' east of FM 1830.
TO: City of Denton. GRANTEE
The Commissioners Court of Denton County has no objection to the location of your proposed utility
cable, line and/or structure within the right-of-way of the county road as shown on the accompanying
drawings and per our specifications (copy attached).
It is expressly understood that the Commissioners Court does not purport, hereby, to grant any right,
claim title or easement in or upon this right-of-way. A permit is hereby granted for continuous use with
the following conditions:
1. This order pertains only to the installation of water,electric, natural gas and cable
television lines. Telephone and telegraph line installation is exempt from this
Commissioners Court Order.
2. All work on the county right-of-way shall be performed in accordance with county
instruction and specifications. (See attached.) The installation shall not damage any part
of the county road,and adequate provisions must be made to cause minimum
inconvenience to traffic, adequate barricading during construction and adjacent proper~y
owners;
3. All utility installations across county roads shall be bored and encased (unless open cut
trenches are specifically permitted);
4. The owner, his heirs or assigns shall bear expense of removal or relocations should
county require same for purpose of improving or widening the road, or in the event said
road shall become a farm-to-market road or highway;
5. Denton County, its employees, agents or assigns will be held harmless of all claims,
actions or damages of every kind and description which may accrue to or be suffered by
any person or persons, corporation or property by reason of the performance of any such
works, character of materials used or manner of installation, maintenance or operation
or by improper occupancy or rights-of-way or public place or public structuree, and in
ease any suit or action is brought against Denton County for damages arising out of or
by reasons of any of the above causes City of Dent0n,(GranteeL its successors or assigns
will upon notice to him or them of commmencement of such action, defend the same at
his or their own expense and will satisfy any judgment after said suit or action shall have
finally been determined if adverse to Denton commencement of such action, defend the
same at his or their own expense and will satisfy any judgment after said suit or action
shall have finally been determined if adverse to Denton County;
6. Denton County, its employees and agents will at no time be held liable for any damage
or injury done to the property of City of Denton. Grantee whether in contract
or in tort, which may result from improving and/or maintaining county roads; and
7. The utility company is to c~ntaet the Department of Public Works twenty four (24) hours
prior to commencing work.
Approved, ordered and dated this the 1~ day of ~:e]~t~?, 19~.
/~jt~le~, County Judge
./ 7~t°n C°unty' T~xas
~xJ-Officio clerk "~ ~
County Clerk for Denton County
Denton County, Tex~
Asachments: Denwn County Utility Line Application
Installation Specifications
DENTON COUNTY UTILITY LINE INSTALLATION SPECIFICATIONS
1~ All utility lines shall be installed aa near as practical to the
outside limits of the County road right-of-way. This is also to
include aboveground installation and tile setting of utility poles. No
ditching machinery shall be operated upon tile crown of any roadway
unless specifically permitted.
2. All utility lines shall be buried at a depth of not less~than
thirty-six (36) inches at top of conduit below tile existing grade line
of tile area of installation.
3. All utility lines crossing a county road shall be bored and
encased unless open cut trenches are specifically permitted.
4. AG all points where excavations and boring are made in public
right-of-way, the applicant will replace and recompact the subgrads
and will restore the roadway section to the same condition as existed
prior to the excavation and bore.
5. The applicant will remove and relocate its utility lines should
it become necessary in order to accommodate widening, realigning, and/
or improving County roads at no cost to Denton County.
6. The applicant shall~ from the commencement of the installation of
utility lines and thereafter for a period of twelve (12) months from
the date the installation is completed and accepted, assume all
responsibility for damages resulting to the landowner or to any other
person caused by tile installation of the utility lines and shall hold
Denton County harmless from any obligation or claim or damages that
may be alleged or result from such utility construction or operation.
App~icant agrees to indemnify Denton County for any costs or expenses
including but not limited to reasonable attorney's fees, which Denton
County may be legally required to pay, resulting from damages caused
by the installation. The indemnity by tile applicant shall cover
claims occurring during the twelve (12) month period. The applicant
shall also reimburse Denton County for its costs and expenses in
repairing a cut or bore during tile twelve (12) mouth period, when the
applicant cannot repair same, and, in the Judgement of the Com-
missioner of tile Precinct wherein tile road is located, tile cut or bore
~,uet he immediately repaired, 6r when tile applicant has been requested
to repair same and either refuses or fails to repair same within three
days from the date of the requested repair.
7. A copy of tile applicant's Court Order mast be on location at each
Jobsite at all times.
8. Before commencing any work on County roads or County right-of-way
under the authority of this Court Order or by any other claimed
authority (including such work as trimming and/or cutting trees,
removing or disposing of brush or materials of any kind from said road
and/or right-of-way, etc.) tile applicant Company shall notify the
appropriate Commissioner where work is to be performed, of the ap-
proximate time that work will commence, which notice shall be at least
forty-eight (48) hours prior to commencing said work.
9. Should Commissioner Court find it necessary to employ an in-
spector or inspectors to enforce theme provisions, a charge will be
made by tile County to the applicant to pay tile costs of, or a portion
of tile costs of, employing said inspector of inspectors.
C