1992-068 ORDINANCE NO ~~6D~
AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM MARY
DIANE CRAVER DENNY JAMES, TRUSTEE AND FIRST CITY TEXAS-HOUSTON,
N A SUCCESSOR TRUSTEE, 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 attached easement from Mary Diane Craver Denny James, Trustee
and First City Texas-Houston, N A Successor Trustee
SECTION II That the Council authorizes the expenditure of
funds in the amount of Sixty-six Thousand and No/100 Dollars
($66,000 00) for the purchase of said property
SECTION III That this ordinance shall become effective im-
mediately upon its passage and approval
PASSED AND APPROVED this the~/~-- day of ~ , 1992
/
BOB CASTLEBERRY, MAYOR/
/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
UTILITY EASEMENT
That Mary Diane Craver Denny James, Trustee under the will of
Lois Skiles Craver, of Denton County, Texas and First City, Texas-
Houston, N A successor Trustee under the w~ll of Kenneth Craver of
Harris County, Texas (Grantor), in consideration of the payment of
sixty-six thousand dollars and no/100 ($66,000 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 ~nto th~s document by reference
The grant made includes and is subject to the following
I Purpose This easement grants to the City the r~ght to
construct, install, reconstruct, repair, relocate, operate, and
maintain water, sanitary sewer, and stormwater pipelines, valvem,
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 add~tion 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, at its expense, shall remove all debris, surplus
material, and construction 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, or other permanent structures, or portions
thereof, in, on, or over the easement The City, at its expense,
will replace or repair any sidewalk, parking lot, or driveway that
exists on the easement if removed or damaged by the City during
initial construction of the water transmission line If the
Grantor constructs or places a sign, parking lot, driveway, private
walkway or improvements over the easement after execution of this
easement document, the City may remove all or part of the ~mprove-
ments as necessary to construct, reconstruct, replace, repair,
alter, relocate, operate or otherwise exercise its rights herein
and city, at its expense, will replace or repair the improvements
to a condition that existed immediately prior to said construction
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,
at its expense, 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 substantially perpendicular to the easement Any fences
placed across the easement shall contain gates or removable panels
so that the easement 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
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 ~Aday of ~fd~/ , 1991
Mary,~ane Craver Denny James, ~r~fstee
undei~the will of Lois Sklles Craver
First City, Texas-Houston, N A
Successor Trustee under the will of
Kenneth Craver
Assistant Vice-President &
Trustee Officer
SUBSCRIBED AND SWORN TO BEFORE ME, by Mary Diane Craver Denny.
James, Trustee under the will of Lois Sklles Craver this the
day of ~~ . 1991
~otary Pub~j~, ~tate of Texas
SUBSCRIBED AND SWORN TO BEFORE ME, by Kelly R;~ Prewitt,
Assistant Vice President & Trust officer this the ~O~"w day of
~ ~. ~ , 199~
Grantee,s address
City of Denton
215 E McKinney
Denton, Texas 76201
AEE00017
TRACT I
ALL that certain lot, tract, or parcel of land situated in Denton
County, Texas in the W Thompson Survey A-1238 and being part of a
tract shown by deed to Kenneth Craver recorded in Volume 445, Page
40 Deed Records of Denton County, Texas and being more particularly
described as follows
BEGINNING at the intersection of the south line of said Craver
tract with the west right-of-way of F M 2153,
THENCE south 88° 18' 43" west w~th Cravers south line 50 01 feet,
THENCE north 0° 48' 37" west a distance of 573 35 feet,
THENCE north 1° 04' 21" west a distance of 1077 65 feet,
THENCE north 1° 04' 49" west a distance of 2538 93 feet to the
north line of said Craver tract,
THENCE north 88° 55' 01" east a distance of 50 0 feet to the west
right of way of F M 2153,
THENCE in a southerly direction with said right-of-way the
following three (3) courses and directions,
(1) south i° 04' 49" east 2,538 93 (2) south 1" 04' 21" east
1,077 77 feet (3) south 0" 48' 38" east 572 7 feet to the Point of
Beginning and containing 4 8091 acres of land There also being
reserved a 20 feet wide construction easement along the entire west
line of the above permanent easement
TRACT II
ALL that certain lot, tract, or parcel of land situated in Denton
County, Texas in the W Thompson Survey A-1238 and being a Fart of
a tract shown bydeed to Kenneth Craver recorded in Volume 449 Page
45 Deed Records of Denton County Texas and being more particularly
described as follows.
BEGINNING at the intersection of the north line of Sheppard Road
with the west right-of-way line of F M 2153,
THENCE.South 88° 51' 04" weet a distance of 50 3 feet to a point in
a curve to the right whose radius point bears north 82" 41' 14"
east 1,240 92 feet,
THENCE with said curve to the right through a central angle of 6"
32' 17't a distance of 141 60 feet,
THENCE north 0° 45' 10" west a distance of 915 33 feet,
THENCE north 0° 48' 25" west a distance of 997 90 feet,
THENCE north 0" 50' 13" west a distance of 1,201 14 feet,
THENCE north 88° 33' 22" east a distance of 50 0 feet to a point on
the west right-cf-way of F M 2153,
THENCE south 0° 50' 13" east a distance of 1,201 70 feet,
THENCE south 0° 48' 25" east a distance of 997 88 feet,
THENCE south 0" 45' 10" east a distance of 915 37 feet to the
beginning of a curve to the left whose radius point bears north 89"
13' 31" east 1,190 92 feet,
THENCE with said curve to th9 left through a central angle of 6"
47' 52" a distance of 141 30 feet to the Point of ~eg~nning and
containing 3 737 acres of land There also being reserved a 20 feet
wide construction easement along the entire west line of the above
permanent easement
TRACT III
ALL that certain lot, tract, or parcel of land situated in Denton
County, Texas in the Sylvester Williams Survey A-1322 and being a
part of the Second Tract, Third Tract and the Fourth Tracts
described in a deed to Kenneth Craver recorded in Volume 449 Page
45 Deed Records and being more particularly described as follows
COMMENCING at the northwest corner of the Second Tract described in
Volume 449, Page 45 also being the northeast corner of Tract No 2
as described in Volume 423, Page 95 Deed Records, and also being
the center line of Burger Road,
THENCE south with the east line of Tract No 2, 30 0 feet to the
Point cf Beginning,
THENCE east 2096.8 feet to a point in the east line of the Fourth
Tract recorded in Volume 449, Page 45 Deed Records,
THENCE south with said east line 50 0 feet,
THENCE west 2096 8 feet to a point in the east line of said Tract
No 2,
THENCE north with the east line of Tract No 2, 50 0 feet to the
Point of Beginning and containing 2 407 acres of land There also
being reserved a 20 feet mide construction easement along the
entire west line of the above permanent easement
AEE00015