1993-097E:\WPDOCS\ORD\RU14MELL.0
ORDINANCE NO. -09 e2_
AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT FROM W. B. RUMMELL AND BETTY ANN
RUMMELL; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council authorizes the acquisition of
the easements described in Exhibit "A", attached hereto, from W. B.
Rummell and Betty Ann Rummell.
SECTION II. That the city council authorizes the expenditure
of funds int he amount of Fifteen Thousand One and no/100 Dollars
($15,001.00) for the purchase of said easements.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the ~ day of , 1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: ~ G ~ ti~
EXHIBIT "A"
EASEMENT
THE STATE OF TEXAS, §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
THAT W.B. Rummell and Betty Ann Rummell of Denton County, Texas, in
consideration of the sum of fifteen thousand and no/100 Dollars
($15,000.00) and other good and valuable consideration in hand paid
by the City of Denton, Texas receipt of which is hereby
acknowledged, do by these presents grant, bargain, sell and convey
unto the City of Denton, Texas, the free and uninterrupted use,
liberty and privilege of the passage in, along, upon and across the
following described property, owned by them situated in Denton
County, Texas in the S.C. Hirams Survey, Abstract No. 616.
TRACT I
ALL that certain lot, tract, or parcel of land situated in the S.C.
Hirams Survey A-616 Denton County, Texas and being a part of a
tract shown by Deed to W.B. Rummell recorded in Volume 581, Page
233, Deed Records of Denton County, Texas and being more
particularly described as follows:
COMMENCING at the northwest corner of said Rummell tract and in the
southerly right-of-way of I.H. 35E;
THENCE in a southeasterly direction with the southerly right-of-way
of I.H. 35E the following three (3) courses and distances;
1. south 75° 50' 00" east
2. south 610 48' 00" east
3. south 75° 50' 00" east
BEGINNING;
28.0 ft.;
206.2 ft.;
286.3 ft. to the POINT OF
THENCE continuing in a southeasterly direction with the southerly
right-of-way of I.H. 35E the following two (2) courses and
distances;
1. south 750 50' 00" east 140.0 ft.;
2. south 320 23' 00" east 14.54 ft. to a point for a
corner;
THENCE north 750 50' 00" west 10 feet south of and parallel with
the southerly right-of-way of I.H. 35E a distance of 150.56 ft. to
a point for corner;
THENCE north 140 101 00" east a distance of 10.0 ft. to the Point
of Beginning and containing 0.033 acres of land.
TRACT II
ALL that certain lot, tract, or parcel of land situated in the S.C.
Hirams Survey A-616 Denton County, Texas and being a part of a
tract shown by Deed to W.B. Rummell recorded in Volume 581, Page
233, Deed Records of Denton County, Texas and being more
particularly described as follows:
Beginning at the northeast corner of said Rummell tract and in the
westerly right-of-way of F.M. 2181;
PAGE 1
THENCE south 70 37' 00" west with the west right-of-way of F.M.
2181 a distance of 135.0 ft. to the P.C. of a curve to the left
whose center bears south 820 23' 00" east 5,775.58 ft.;
THENCE in a southwesterly direction through a central angle of 00
53' 20" a distance of 89.6 ft. to the southeast corner of said
Rummell tract;
THENCE north 880 21' 00" west with the south line of said Rummell
tract 10.04 ft. to a point for a corner in a curve to the right
whose center bears south 830 16' 52" east 5,785.58 ft.;
THENCE in a northeasterly direction through a central angle of 00
53' 52" a distance of 90.65 ft. to a point for a corner;
THENCE north 70 37' 00" east a distance of 146.92 ft. to a point
for a corner;
THENCE south 320 231 00" east, a distance of 15.56 ft. to the point
of beginning and containing 0.053 acres.
And it is further agreed that the said City of Denton, Texas
in consideration of the benefits above set out, will remove from
the property above described, such fences, buildings and other
obstructions as may now be found upon said property. ,
For the purpose of constructing, reconstructing, installing,
repairing, and perpetually maintaining public utilities in, along,
upon and across said premises, with the right and privilege at all
times of the grantee herein its agents, employees, workmen and
representatives having ingress, egress, and regress in, along upon
and across said premises for the purpose of making additions to,
improvements on and repairs to the said public facilities or any
part thereof.
To the extent permitted by the laws of Texas, Grantee
shall defend, indemnify and save harmless Grantor from and
against, any and all claims, suits, damages, costs and losses,
resulting from, arising out of negligent acts of omissions in the
installation, construction or existence of said public facilities
or appurtenances thereto.
Nothing contained in this easement shall preclude Grantor, his
heirs, successors and assigns from having full right, power, and
authority to maintain paving, asphalt, concrete and any other
material incident to a driveway for the operation of the business
upon the property owned by Grantor, his heirs, successors and
assigns adjacent and/or near to the property which is the subject
of this easement. Grantor reserves for himself, his heirs,
successors and assigns the full right to maintain a driveway and
E.iIIIBIT "A" PAGE 2
paving of any material deemed appropriate over the property which
is the subject of this easement.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
Witness our hands, this the D-day of A.D. 1993x'
Betty Ann Rumn ll W.B. Ru 11
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on - 4'
1993 by W.B. Rummell and Betty Ann Rummell. MMIL Notar Pub ic, in and for the State of Texas
0"amewr
~IF" 6" My commission Expires 41-30-95'
Accepted this day of . 19 for
the City of Denton, Texas (Resolution No. 91-073).
BY:
Roger N. Wilkinson
Right-of-Way Agent
AEEOOlE5
EXHIBIT "A" PAGE 3
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT W.S. Rummell and Betty Ann Rummell of Denton County, Texas, in
consideration of the sum of one and no/100 Dollars ($1.00) and
other good and valuable consideration in hand paid by the City of
Denton, Texas receipt of which is hereby acknowledged, do by these
presents grant, bargain, sell and convey unto the City of Denton,
Texas, the free and uninterrupted use, liberty and privilege of the
passage in, along, upon and across the following described
property, owned by them situated in Denton County, Texas in the
S.C. Hirams Survey, Abstract No. 616.
ALL that certain lot, tract, or parcel of land situated in the S.C.
Hirams Survey A-616 Denton County, Texas and being a part of a
tract shown by Deed to W.B. Rummell recorded in Volume 581, Page
233, Deed Records of Denton County, Texas and being more
particularly described as follows:
COMMENCING at the northwest corner of said Rummell tract and in the
southerly right-of-way of I.H. 35E;
THENCE in a southeasterly direction with the southerly right-of-way
of IH-35E the following three (3) courses and distances;
1. south 750 50' 00" E 28.0 ft;
2. south 610 48' 00" E 206.2 ft;
3. south 750 50' 00" E 296.3 ft;
THENCE south 140 10' 00" west a distance of 10.0 ft. to the POINT
OF BEGINNING;
THENCE south 750 50' 00" east a distance of 140.56 ft. to a point
for a corner;
THENCE south 320 23' 00" east a distance of 45.40 ft. to a point
for a corner;
THENCE south 70 371 00" west with the west right-of-way of F.M.
2181 a distance of 146.92 ft. to P.C. of a curve to the left whose
radius bears south 820 23' 00" east 5,785.58 ft.;
THENCE in a southwesterly direction through a central angle of 00
53' 52" a distance of 90.65 ft. to a point for corner;
THENCE north 880 21' 00" west with the south line of said Rummell
tract 10.04 ft. to a point for a corner in a curve to the right
whose radius is south 830 17' 23" east 5,795.58 ft.;
THENCE in a northeasterly direction through a central angle of 00
541 23" a distance of 91.69 ft. to a point for a corner;
THENCE north 70 37' 00" east a distance of 143.28 ft. to a point
for corner;
THENCE north 320 23' 00" west a distance of 37.78 ft. to a point
for corner;
EXHIBIT "A" PAGE 4
THENCE north 750 50' 00" west a distance of 136.57 ft. to a point
for corner;
THENCE north 140 101 00" east a distance of 10.0 ft. to the Point
of Beginning and containing 0.096 acres of land.
And it is further agreed that the said City of Denton,
Texas in consideration of the benefits above set out, will remove
from the property above described, such fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining public utilities
in, along, upon and across said premises, with the right and
privilege at all times of the grantee herein its agents, employees,
workmen and representatives having ingress, egress, and regress in,
along upon and across said premises for the purpose of making
additions to, improvements on and repairs to the said public
facilities or any part thereof.
To the extent permitted by the laws of Texas, Grantee
shall defend, indemnify and save harmless Grantor from and
against, any and all claims, suits, damages, costs and losses,
resulting from, arising out of negligent acts of omissions in the
installation, construction or existence of said public facilities
or appurtenances thereto.
Nothing contained in this easement shall preclude
Grantor, his heirs, successors and assigns from having full right,
power, and authority to maintain paving, asphalt, concrete and any
other material incident to a driveway for the operation of the
business upon the property owned by Grantor, his heirs, successors
and assigns adjacent and/or near to the property which is the
subject of this easement. Grantor reserves for himself, his heirs,
successors and assigns the full right to maintain a driveway and
paving of any material deemed appropriate over the property which
is the subject of this easement.
EXHIEIT "A" PAGE 5
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
Witness our hands, this the day of A.D. 19,93.
211
Betty Ann Rummell W.B. Rum ll
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was
1993 by W.B. Rumme
~fl ROGER N. x x
ftbk ft d T
-S w Cno" p
~'i~YePA' ~ ~ 1V ~ l
before me on
.nn Rummell
Notary ublic, in and for the State of Texas
My Commission Expires Y-30-I
Accepted this day of 19
the City of Denton, Texas (Resolution No. 91-073).
BY:
Roger N. Wilkinson
Right-of-Way Agent
AEEOOlES/4
f or
EXHIBIT "A" PAGE 6