1992-066ALL0018B
ORDINANCE- O
AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM
LARRY D HEMPHILL AND WIFE ELIZABETH A HEMPHILL, AUTHORIZING
EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City authorizes the acquisition of the
easement described In Exhibit "A" attached hereto, from Larry D
Hemphlll and wife Elizabeth A Hemphlll
SECTION II. That the Council authorizes the expenditure of
funds in the amount of Eleven Thousand Two Hundred Seventy and
No/100 dollars ($11,270 00) for the purchase of said property
~ That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the .~/J~day of_/7~ , 1992
BOB CASTLEBERRY, MAYO~ ~
/
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
DEBHA A DRAYOVITCH, CITY ATTORNEY
EXHIBIT "A"
UTILITY EASEMENT
That Larry D Hemphill and wife Elizabeth A Hemphill,
(Grantor), in consideration of the payment of eleven thousand, two
hundred and seventy dollars end no/100 (~JL_Q-Q--) 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
i 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, or other permanent structures, or portions
thereof, in, on, or over the easement The city 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 improvements as
necessary to construct, reconstruct, replace, repair, alter,
relocate, operate or otherwise exercise its rights herein and the
city will replace or repair the improvements to a condition that
existed inuuediately prior 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 removm 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 ars 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
up°n6 Trees and Landscaping Grantor shall not plant any tree
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
necssea=y to construct, reconstruct, replace, repair, alter, relo-
cate, or operate its utilities without any liability to Grantor,
includ~ng 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
uss of the easement for the purposes granted
8 Grantor's Rights. Grantor shall have the right to make uae
of the easement for any purpose ~hat does not interfere with the
City,s,rights in the easement for the purpose granted, subject to
the restrictions contained herein.
9 Neither party hae made any representations or promises out-
side the written provisions of this easement document relating to
the subject ~atter of thin easement document
10. Successors and Assigns. This grant shall run with the land
and shell be binding upon~he parties and their heirs, successors,
and assigns.
Hemphiil '
EliZabeth A He~phill ~
Larr.~
SUBSCRIBED AND SWOP.N TO BEFORE ME, bY ~,~
Elizabeth A Hemphill this the ~ day of
199~
NOTARY PUBLIC ~
STATE OF TEXAS ~ Notary i State of Texas
~"~W MyComm Exp ~ 3~ ea
Accepted this day of 19 for tho
City of Denton, Texas (Resolution no 91-073)
BY
Roger N Wilkinson
Right-of-Way Agent
Grantee's Address
City of Denton
215 E McKinnay
Denton, Texas 7S201
AEE00017
EXHIBIT "A"
ALL that certain lot, tract, or parcel of land situated in Denton
County, Texas in the W A Thompson Survey A-1238 and being a part
of a tract shown by deed to Larry D Hemphill and wife, Elizabeth
A Hemphill recorded in Volume 2910, Page 0269 Real Property
Records and being more particularly described as follows
BEGINNING at the southeast corner of said Hemphill tract on the
west right-of-way of F.M. 2153,
THENCE south 88° 33' 22" west a distance of 50 0 feet,
THENCE north 0° 50' 07" west a distance of 145 49 feet to the
beginning of a curve to the right whose radius point bears north
89° 24' 05" east 5,824 58 feet,
THENCE with said curve to the right, through a central angle of 3°
00' 00", a distance of 304 98 feet,
THENCE north 1" 46' 17n east a distance of 14 01 feet to the
beginning of a curve to the left whose radius point bears north 87"
49' 32# west 5,634 58 feet,
THENCE with said curve to the left, through a central angle of 3"
00' 03", a distance of 295.10,
THENCE north O" 48' 37" west a distance of 737 02 feet,
THENCE north 89" 32' 56" east a distance of 50 0 feet to a point on
the wast right-of-way of F.M 2153,
THENCE south O" 48' 37" east a distance of 736 69 feet to the
beginning of a curve to the right whose radius point bears south
89° 10' 25" west 5,684 58 feet,
THENCE with said curve to the right through a centrml angle of 3"
00' 00" a distance of 302 36 feet;
THENCE south 0° 49' 13" east a distance of 144 75 feet to the point
of be~inning and containing i 7173 acres of land and there being
reserved a 20 feet wide oonBtruotion easement along the entire west
side of the above permanent easement
AEE00015