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
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~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
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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.
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