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1993-019ORDINANCE NO. 0 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM CHARLES BETZEL; 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 easement described in Exhibit "A", attached hereto, from Charles Betzel. SECTION II. That the Council authorizes the expenditure of funds in the amount of Twenty-five Thousand and no/100 Dollars ($25,000.00) for the purchase of said property. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the qv.- day of , 1993. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY : C.Q~ ALL001EO\1425.3.6 FILE COPY UTILITY EASEMENT That Charles Betzel, (Grantor), in consideration of the payment of Twenty Five Thousand and No/100 Dollars ($25.000.00) by the CITY OF DENTON, Texas, (City), a municipal corporation of the State of Texas, receipt of which is hereby acknowledged, grants and conveys to the City a permanent easement for water, sanitary sewer, electric and stormwater drainage pipes, lines, and facilities across the real property owned by Grantor, as described in Exhibit "A", attached to and incorporated into this document by reference. The grant made includes and is subject to the following: 1. Purpose. This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate, and maintain water, sanitary sewer, and stormwater pipelines, valves, facilities and appurtenances, electric poles, wires and related facilities, and other public utilities and related facilities in, on, over, under and across the permanent easement. 2. Temporary Construction Easement. In addition to the per- manent easement, the City is granted a temporary construction ease- ment for the initial construction only of one water transmission pipeline. The temporary construction easement shall be twenty (20) feet in width and shall extend parallel to the permanent easement, all as shown in Exhibit A. Upon conclusion of- the initial con- struction, the temporary construction easement shall terminate and the City shall remove all debris, surplus material, and construc- tion equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed. 3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the easement. The City will re- place or repair any sidewalk, parking lot, or driveway that exists on the easement on the date of execution of this instrument if re- moved or damaged by the City during initial construction of the water transmission line. If the Grantor constructs or places a building, sign, parking lot, driveway, private walkway or other structures or improvements over the easement after execution of this easement document, the City may remove all or part of the structures or improvements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor, including the obligation to make further payment to Grantor. 01, 4. Fences and Gates. If necessary to remove or relocate any fence or gate during initial construction of the water transmission line, the City will remove or relocate the fence or gate at its expense. After completion of the initial construction, the City shall reinstall any fence or gates initially removed or relocated in their original locations. The Grantor, but not the City, may construct new fences and gates on the easement after the date of this instrument but the fences and gates shall be placed substan- tially perpendicular..to the easement. Any fences placed across the easement shall contain gates or removable panels so that the ease- ment is readily accessible by the City's employees and agents at all times. If gates are to be kept locked by Grantor, the City shall be provided the keys or other means, as applicable, so the City may open all locks for access without prior notice to Grantor. 5. Access. For purposes of exercising its rights, the City shall have access to the easement by way of existing public pro- perty or right-of-way and not from other lands owned by Grantor outside the easement. 6. Trees and Landscaping. Grantor shall not plant any tree upon the easement property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor, including the obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, irrigation systems and other systems land- scape features within the easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair, alter, relo- cate, or operate its utilities without any liability to Grantor, including the obligation to make further payment to Grantor. 7. Crops. The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted. 8. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purpose granted, subject to the restrictions contained herein. 9. Neither party has made any representations or promises out- side the written provisions of this easement document relating to the subject matter of this easement document. Page 2 10. successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors, and assigns. SIGNED this /~-w day of 1992. Grantor kk Charles Betzel SUBSCRIBED AND SWORN TO BEFORE ME, by Charles Betzel this the LZ day of 1992. T ty rmm N. w Oft VOK ft trT. ~Ot~tWrtt No y Public, State of Texas Accepted this day of 19 City of Denton, Texas (Resolution no. 91-073). BY: Roger N. Wilkinson Right-of-way Agent Grantee's address: City of Denton 215 E. McKinney Denton, Texas 76201 AEE00017/6 for the Page 3 EXHIBIT "A" ALL that certain lot, tract, or parcel of land situated in Denton County, Texas in the P. O'leary Survey A-977, the J. Thomas Survey A-1240 and the S. Lamar Survey A-761 and being a part of a tract shown by deed to Charles A. Betzel recorded in Volume 1211, Page 729 Deed Records and Volume 1211, Page 722 Deed Records and being more particularly described as follows: BEGINNING at a point where the northwest right-of-way of F.M. 428 intersects the west line of the tract recorded in Volume 1211, Page 729 Deed Records. THENCE north 20 18' 50' east with the west line of said tract 73.18 feet; THENCE north 450 24' 30" east a distance of 405.59 feet; THENCE north 450 27' 06' east a distance of 1,695.41 feet; THENCE south 00 34' 28' west a distance of 70.86 feet to a point in the northwesterly right-of-way of F.M. 428; THENCE south 450 27' 06' west with said right-of-way 1,645.18 feet; THENCE south 450 24' 30" west with said right-of-way 459.01 feet to the Point of Beginning and containing 2.4134 acres of land, also reserved is a 20 feet wide construction easement along the entire northwest line of the above easement. 1008E/6 Cfl