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
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