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1991-1439 \wpdocs\whito ORDINANCE NO 9/-/y3--. AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM HAZEL AND LEROY WHITLOCK, 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 Hazel and Leroy Whitlock SECTION II That the Council authorizes the expenditure of funds in the amount of Twelve Thousand Three Hundred Forty-Five and No/100 Dollars ($12,345 00) for the purchase of said property SECTION III That this ordinance shall become effective im- mediately upon its passage and approv'a~ PASSED AND APPROVED this the /7 day of 1991 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRO D AS O LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY CASTLEBERRY, UTILITY EASEMENT That HAZEL WHITLOCK and LEROY WHITLOCK, (Grantors), in consideration of the payment of Twelve Thousand Three Hundred Forty-Five and No/100 Dollars ($12,345 00) by the CITY OF DENTON, Texas, (City), a municipal corporation of the State of Texas, receipt of which is hereby ackHowledged, 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 Grantors, as desbribed 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 permanent easement, the City is granted a temporary construction easement 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 construction, the temporary construction easement shall terminate and the City 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 Grantors 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 replace or repair any sidewalk, parking lot, or driveway that exists on the easement on the date of execution of this instrument if removed or damaged by the City during initial construction of the water transmission line If the Grantors 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 Grantors, including the obligation to make further payment to Grantors 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 Grantors, 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 Grantors, 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 Grantors 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 Grantors outside the easement. 6 Trees and Landscaping Grantors 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 Grantors, including the obligation to make further payment to Grantors Grantors 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 Grantors, including the obligation to make further payment to Grantors 7 Crops The payment herein made includes any damage or loss to crops sustained in the future by Grantors resulting from the city's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted 8 Grantors' Rights Grantors 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 _ J day of 1991 44 GRANTORS ,z..t Lv,4~ HAZEIVWHITLOCK 7L.,7 m:3a LEROY WH LOCK SUBSCRIBED AND SW RN TO BEFORE ME, by HAZEL WHITLOCK this the 30!~- day of 1991 n NOW N Notary ub11c, State of Texas AU a SON ~SUBSCRIB D AND SWORN TO BEFORE ME, by LEROY WHITLOCK this the j D day of , 1991 fty NOGER N WILKINSON my Q~an *sloonro pwn 4j 30)q ~ Grantees address City of Denton 215 E McKinney Denton, Texas 76201 Nota Public, State of Texas Page 3 EXHIBIT "A" ALL that certain lot, tract, or parcel of land situated in Denton County, Texas in the S Lamar Survey A-761 and being part of a tract shown by deed to Fern Hanna, et al recorded in Volume 1099, Page 287 D R D C T and being more particularly described as follows BEGINNING at the southwest corner of the second tract described in the "save and except" part of the Fern Hanna, et al tract recorded in Volume 1099, Page 287 Deed Records, THENCE north 00 34' 28" east a distance of 70 86 feet, THENCE north 450 27' Ub" east a distance of 313 62 feet, THENUE north 450 2U' 49" east a distance of 498 97 feet, THENCE north 450 32' 14" east a distance of 269 48 feet to a point in the north line of said Hanna tract, THENCE south 890 21' 54" east with the north line of said Hanna tract 70 59 feet to the northeast corner of said Hanna tract on the northwesterly right-of-way of F M 428, THENCE in a southwesterly direction with the right-of-way of F M 428 the following three (3) courses and distances, 1 south 450 32' 14" west 319 23 feet, 2 south 450 20' 49" west 498 94 feet, 3 south 450 27' 06" west 363 88 feet to the Point of Beginning and containing 1 2994 acres of land and also reserved is a 20 wide construction easement along the entire northwesterly line of this tract 1008E/14