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1987-1851911L NOTE THIS ORDINANCE AMENDED BY 88-122 AND A COPY ATTACHED NO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is in the best interest of the City of Denton to purchase the electrical equipment and facilities described herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizes the purchase of electrical £acllltles and easements {rom Brazos Electric Power Cooperative, Inc , under the terms and conditions contained in said BIll of Sale and Assignment o£ Easements as attached hereto SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~'~day of~~_~_, 1987 ATTEST ETWALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1911L THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRAZOS ELECTRIC POWER COUNTY OF DENTON S COOPERATIVE FOR THE PURCHASE AND SALE OF ELECTRIC FACILITIES AND EASEMENTS Agreement made between the City of Denton, Texas, a municipal corporation, ("Buyer"), and Brazos Electric Power Cooperative, Inc , a corporation organized and operating pursuant to the Texas Electric Cooperative Corporation Act, Article 1528b, V T C S , ("seller"); WHEREAS, Seller presently owns, maintains, and operates electrical equipment and facilities within the County of Denton, Texas, to supply customers with electrical services, and WHEREAS, Seller has agreed to sale to Buyer and Buyer has agreed to purchase from Seller a 69 KV electric transmission line and the associated equipment and easements used therefore, as is more particularly described herein, NOW, THEREFORE, in consideration of the mutual consideration and covenants contained herein, the parties agree as follows I In consideration of the sum of Eleven Thousand Five Hundred Twenty-e~ght Dollars and Twenty-four Cents ($11,528 24), paid to Seller by Buyer, receipt of which is hereby acknowledged, Seller does hereby sell, assign, and convey to Buyer all 1ts right, title, and interest ~n that certain 69 KV electric transmission line, including all poles, lines, wires, fixtures, and appurte- nances ("Facilities") and easements used in con]unction therewith, located and described as follows Beginning from Seller's electric substation at Buyer's Spencer Road Power Generating Plant and extending approximately 4 2 mlles to the junction of sa~d l~ne with Seller's 138 KV electric transmission line located north of Seller's Canyon Substation, as shown in Exhibit attached hereto and incorporated herein by reference II The easements being assigned an conveyed here~n ~nclude all those easements described in Exhibit 'B", attached hereto and incorporated herein by reference III Seller covenants that it is the lawful owner of the Facilities and easements herein conveyed, that they are free and clear of all encumbrances of any kind, that Seller has the right and authority to sell and dispose of the same as provided for herein, that all lawful requirements for the sale of Facilities have been performed by Seller; that all necessary easements upon which the Facilities are located are herein conveyed and assigned, and Seller binds ~tself and its successors to warrant and forever OefenO the Fac~l- lt~es and easements to Buyer and Buyers successors against every person whomsoever lawfully claiming or to claim the same or any part thereof IV Seller will promptly hereafter, ~f necessary, execute and del~ver any and all necessary assignments, deed, or documents necessary to effect the conveyance of the property herein being purchased and sold EXECUTED th~s the~_~lay of ~, 1987 CITY OF DENTON, TEXAS BY R~ ATTEST J~IFER--~A~TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY ~ ~- "~' '(~"J~ BRAZOS ELECTRIC POWER COOPERATIVE BY ATTEST SECRETARY PAGE TWO EXHIBIT "B" INSTRUMENT FILE RECORDED D R D C T GP~qNTOR DATE DATE DATE VOL Joe Akers, et u~ 05-1#-46 12-31-46 01-11-47 332 484 John Oassaw~¥, et ux 06-01-46 12-31-46 01-14-47 332 499 J B Solunttz 06-04-47 10-24-49 11-21-49 354 394 Stuart M Volk et al 06-05-47 10-24-49 11-21-49 354 401 J W Wa=d 06-03-47 10-24-49 11-21-49 354 402 G H B~ma'mer 06-10-47 10-24-49 11-19-49 357 45 C E B~o~les, et ux 07-14-47 10-24-49 11-19-49 357 47 L W Opitz 06-03-47 10-24-49 11-22-49 357 49 M A Ha~E&rd, et ux 06-11-47 10-24-49 11-21-49 357 54 Roland Hill, et ux 06-03-47 10-24-49 11-21-49 357 56 D R Bray, et ux 06-18-52 08-04-52 09-11-52 381 490 Mrs 8the1 Fuson, et al 06-18-52 08-04-52 09-11-52 381 492 Mrs Sarah Pewell 06-18-52 08-04-52 09-11-52 381 493 H P Price, et ux 06-18-52 08-04-52 381 494 A M Stinson 06-18-52 08-04-52 09-04-52 381 496 J P Simmons, et al 06-18-52 08-04-52 09-12-52 381 501 J F Mason, et ux 06-19-52 08-04-52 09-12-52 381 513 Mrs Katharine Pentek 07-13-52 10-22-52 11-22-52 382 369 Durrett W D Poekrus, et ux 10-02-52 10-20-52 11-26-52 384 118 Arch Brown, et ux 09-24-52 10-20-52 11-26-52 384 119 Grace S~arr 06-24-52 10-20-52 11-26-52 384 121 Copeland, et al J W R0&oh, et al 06-16-52 10-20-52 11-26-52 384 124 L R Striokland 10-18-52 03-20-53 04-18-53 386 59 C M Simmons, et ux 04-03-57 06-06-58 06-17-58 437 613 C M Simons, et ux 03-12-57 08-27-59 09-02-29 449 439 S D Roberts, et ux 05-24-74 06-10-74 710 119 TheresaM Adkison, 11-23-83 11-23-83 1297 617 £ndivid~all¥ and as 11-23-83 11-23-83 1297 619 lnd ex~cutrix of the estate of Robert 0 Adkison, deceased Ben Pinnell and 12-01-83 12-13-83 1307 330 John H Kine Satell Investment 03-28-84 03-30-84 1371 821 Management, Inc 2458g 1911L THE STATE OF TEXAS ~ BILL OF SALE COUNTY OF MCLENNAN ~ That, in consideration o£ the payment of Thirteen Thousand Three Hundred Ninety Dollars and Seventy Cents ($15,$90 70), the receipt of which is hereby acknowledged by Brazos Electric Power Cooperative, Inc (hereinafter termed the "Seller"), said Seller has SOLD, TRANSFERRED, AND CONVEYED, and by these presents does SELL, TRANSFER, AND CONVEY all its right title and interest in 7 51 miles of transmission line known as Brazos Line 205 (H-2) in Denton County, Texas, from the Seller's Structure No 15/6, Line Section XH3, to the Denton Steam Plant Substation, unto the City o£ Denton, Texas (hereinafter termed "Purchaser,,), its successors and assigns, to have and to hold forever For purposes of the Bill o£ Sale, "transmission line" means the following, to the extent such may exist on the date of execution of this Bill of Sale 103 Poles Structure No H2A 1/17 through HZ 8/8, all lines, appurtenances and any other personal property or fixtures associated with said transmission line This conveyance is expressly made subject to the following (l) Any lien for current taxes, assessments or govern- mental charges or levies not in default, (ii) No collection of sales tax is part of the consider- atlon herein and the Seller believes such sale to be non-taxable under the Limited Sales and Use Tax laws of the State of Texas Should, however, the Comptroller of Public Accounts for the State of Texas determine any sales tax to be due or owing on said sale, the Purchaser shall pay such tax to the Seller for payment to the Comptroller Seller binds itself to WARRANT AND DEFEND said transmission line unto the said Purchaser, its successors and assigns, from and against the lawful claims of whomsoever claims or shall claim the same, or any part thereof, by and through, or under Seller, but not otherwise, subject, however, as aforesaid IN WITNESS WHEREOF, this Bill of Sale is executed on this the , day of , 1987 BRAZOS ELECTRIC POWER COOPERATIVE, INC , SELLER BY RICHARD E MCCASKILL EXECUTIVE VICE=PRESIDENT & GENERAL MANAGER THE STATE OF TEXAS COUNTY OF McLENNAN On this daf o£ , 1987, before me, the undersigne--~d"-Notar¥ Publict personally appeared Richard E McCaskillt personally known to me to be the person and o££1cer whose name is subscribed to the £oregolng Instrument and acknowledged to me that the same was the act of the said Brazos Electric Power Cooperative, Inc , a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capac~t~ there~n stated ' WITNESS my hand and o££icial seal NOTARY PUBLIC~ STATE OF TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY By ~ICHARD E McCASKILL EXECUTIVE VICE PRESIDENT & GENERAL MANAGER 'i~E STATE OF TEXAS ~ ¢OUNT~ OF McLEt~AN ~ EEFORE HE~ the undersigned a NataL"/ Public in and For said County and State~ on this day personally appeared , ~no~ to me co be tho pe~$ou and o£f~ce~ ~hose n~me ~s aubscFlbed to the ~oregoinE instrument and aoknowladEed to me ~hat tho same ~as the acc of the sa~d BFazoa Klec~c Favor Cooperat~ve~ ~nc & coFpo~ation~ and c~at he executed the same al oho act of sucA co~po~a~on ~or the purposes and considerat£on therein G~VRN UNDER ~y HAND AND SEAL OF OFF,CE this ~he day of A D , 19E? ~XHIBZT A AB~T {232 #15&5 ~15¢5 County, Texas filed October 24, 1949 - O Walker Survey AHST ~1330 Easement granted by Joe Akera et ux, fac in Volume 332, Page 484 Denton County, Texas filed December 31, 1946 - O Walker Survey ABST #1330 Eaaemnnt granted by J g $chmitz at al, rec in Volumm 3~4, Page 394 Denton County, Texas filed October 24, 1949 - O Walker Survey, ASST #i330 Denton County, Texas filed October 24, 1949 ~ O Walker Survey, ABST ~1330 Heaemmmt granted by {oland Hill at ux tee in Volumm 357, Page 56, Denton County, Texas filed October 24 1949 - ~ Walker Survey, ABST #1330 Easement granted by Emma Opita Flackmmn, rec in Volume 3~7~ Page 62 Denton County, Texas filed October 24, 1949 - O Walker Survey ABST #1330 Denton County, Taxam filed June 11, 1974 - O Walkar Survey, ABST ~1330 County, Texas ~lled October 24, 1949 - David Hough Survey, ASST ~6~6 Eamammmc {rau~ed by ~ A Haggard a~ ux aec in Volumm 357, Page 94, Dan~on County, T~as fl~ed October 24, 19~9 - David Hough Su~ey ABST ~646 Easemeu~ {=anted by S ~ Volk e~ ux, aec in Voiuma 35~ Pa~a ~OZ, Denton County, Texas filed OcUobe= 2~, 1949 - John W Chmm~ Survey, ABST ~324 1371 page 82~, Dannon County Texas filed May 30 1984 - John W Cheek Su~ay ABST ~324 1911L NO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS, REPEALING ORDINANCE NO 87-185, AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is in the best interest of the City of Denton to purchase the electrical equipment and facilities described herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizes the purchase of electrical faczlities and easements from Brazos Electric Power Cooperative, Inc , under the terms and conditions contained in said Agreement, Bill of Sale and Assignment of Easements as attached hereto and incorporated by reference herein SECTION II That the expenditure of funds as authorized ~n the Agreement is hereby authorized SECTION III That Ordinance No 87-185 is hereby repealed and the City Secretary is hereby directed to inscribe the fact that said ordinance was repealed effective July 19, 1988 on samd ordinance in the official ordinance book SECTION IV That this ordinance shall become effective zmmediately upon its passage and approval ~ PASSED AND APPROVED this the /~day of , 1988 ATTEST ppN%FEK~ALTERS, CITY SECRETARY ROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY