1985-1411132L
NO G~
AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM TEXAS UTILITIES
ELECTRIC COMPANY OF THAT PORTION OF CERTAIN REAL PROPERTY SITUATED
IN THE WILLIAM TEAGUE SURVEY, ABSTRACT NO 1266, DENTON COUNTY,
TEXAS, AS DESCRIBED IN SAID DEDICATION DEED, TO THE CITY OF DENTON,
TEXAS, FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET AND DECLARING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I
That the City of Denton, Texas, hereby accepts the conveyance
and dedication by deed, from Texas Utilities Electric Company, a
Texas Corporation acting by and through a duly authorized officer of
Texas Power & Light Company, a division of such corporation, of that
portion of certain real property situated in the William Teague
Survey, Abstract No 1266, Denton County, Texas, for the use of said
property for street and road purposes, said property being more
particularly described in a Dedication Deed attached hereto and
incorporated herein for all purposes
SECTION II
The Planning and Zoning Commission of the City of Denton is
hereby authorized and directed to let the real property herein
dedicated be designated as a public street on the Official Map of
the City of Denton, Texas
SECTION III
That this ordinance shall become effective immediately upon its
passage and approval f~+
PASSED AND APPROVED this the day of 1985
i
I R TEWA MA R 71
CITY OF DENTON, TEXAS
ATTEST
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY Loom
DEDICATION DEED
STATE OF TEXAS S
5 KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
That, TEXAS UTILITIES FLECTRIC COMPANY, a Texas Corpora-
tion acting by and through a duly authorized officer of TEXAS
POWER & LIGHT COMPANY, a division of such corporation, of Dallas
County, Texas, hereinafter called "Grantor," for and in
consideration of the sum of Ten Dollars ($10 00) and other good
and valuable consideration, to me in hand paid by the CITY OF
DENTON, Municipal Building, Denton, Texas 76201, hereinafter
called "Grantee", receipt of which is hereby acknowledged, has
GRANTED AND DEDICATED, and by these presents does hereby GRANT
AND DEDICATE unto the said CITY OF DENTON, Texas, for so long as
the hereinafter described property is used for street or road
purposes, subject to the reservations hereinafter set forth, the
tract or parcel of land more particularly described as follows
All that certain 0 138 acre tract or parcel of land in
the William Teague Survey, Abstract No 1266, Denton
County, Texas, and being part of a tract of land shown
by deed to Texas Power & Light Company, recorded in
Volume 192, page 513 of the Deed Records of Denton
County, Texas and deed to Texas Power & Light Company,
recorded in Volume 246, Page 591, Deed Records of
Denton County, Texas and being more particularly
described as follows
BEGINNING for the southeast corner of this tract at an
iron pin in the center line of Colorado Boulevard, said
iron pin is the southeast corner of said Teague Survey,
and is the southeast corner of said Texas Power & Light
Company tract,
THENCE North 88 degrees 29 minutes 18 seconds West with
the south line of said Teague Survey a distance of
35.00 feet to an iron pin in the west right of way of
said Colorado Boulevard, for the southwest corner of
this tract;
THENCE northeasterly with said right of way and a curve
to the right, having a radius of 1239 19 feet (chord
bearing North 05 degrees 43 minutes 43 seconds East,
140 63 feet) a distance of 140 70 feet to an iron pin
for end of curve,
THENCE northeasterly with said right of way and a curve
to the right, having a radius of 1169 19 feet (chord
bearing North 07 degrees 19 minutes 47 seconds East,
67.40 feet) a distance of 67 41 feet to an iron pin in
the southwest right of way of MKT Railroad Co right of
way, for the northwest corner of this tract,
DEDICATION DEED - Page 1
THENCE South 60 degrees 00 minutes East with said
railroad right of way a distance of 23 96 feet to an
iron pin for the northeast corner of this tract,
THENCE South 02 degrees 27 minutes 21 seconds West with
the east line of said Texas Power & Light Company
tract, a distance of 195 90 feet to Point of Beginning
and containing 0 037 acres of land
SUBJECT TO all easements and rights-of-way of record
SUBJECT TO an easement retained by Grantor herein, over
and across the tract herein and hereby conveyed
together with the right of ingress and egress over and
along the above described right of way, and over
Grantee's adjacent lands to or from said right of way,
for the purpose of constructing, operating, improving,
reconstructing, repairing, relocating, inspecting,
patrolling, maintaining and removing such electric
power and communication lines as the Grantor may from
time to time find necessary, convenient or desirable to
erect thereon, the right to trim and cut down trees and
shrubbery to the extent, in the sole judgment of the
Grantor, necessary to prevent possible interference
with the operation of any of said lines or to remove
possible hazards thereto, and the right to remove or
prevent the construction on said land of any or all
buildings, structures and obstructions except that
Grantor may not prevent construction of or otherwise
interfere with the construction of the street or road
proposed to be constructed by Grantee If any such
buildings, structures or obstructions are constructed
or permitted by Grantee to exist on said land without
prior written consent of Grantor, then the Grantor
shall have the right to remove same from such land and
Grantee agrees to pay to Grantor the reasonable cost of
such removal, and this agreement, together with the
other provisions of this grant, shall constitute a
covenant running with the land for the benefit of the
Grantor, its successors and assigns The rights hereby
granted are severable and may be assigned either in
whole or in part
FURTHER SUBJECT TO Grantor's General Mortgage to
Republic National Bank of Dallas, now RepublicBank-
Dallas, N A , Trustee, dated May 1, 1945, and all
supplemental indentures thereto, and further subject to
the Mortgage and Deed of Trust from Texas Utilities
Electric Company to Irving Trust Company, Trustee,
dated December 1, 1983
The dedication of the above-described property is made
to the CITY OF DENTON, Texas, for the purpose of having the said
City use the same for street or road purposes, and by acceptance
of this deed, Grantee agrees that Grantor will not be assessed
for any future costs of paving said road
Grantee agrees to pay to Grantor the cost of relocating
any of Grantor's facilities or property which must be relocated
as a result of construction of the aforesaid roadway
DEDICATION DEED - Page 2
TO HAVE AND TO HOLD the above-described premises,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto the said CITY OF DENTON, Texas,
its successors and assigns, for so long as the above-described
property is used for street or road purposes When such property
ceases to be used for street or road purposes, it shall
immediately revert to and vest in TEXAS UTILITIES ELECTRIC
COMPANY, its successors and assigns, and TEXAS UTILITIES ELECTRIC
COMPANY does hereby bind itself to warrant and defend all
singular the said premises unto the said CITY OF DENTON, Texas,
its successors and assigns, against every person whomsoever
lawfully claiming, or to claim the same or any part thereof, by,
through or under the said TEXAS UTILITIES ELECTRIC COMPANY, but
not otherwise
EXECUTED this the _/O day of 1985
TEXAS POWER & LIGHT COMPANY
a division of TEXAS UTILITIES
ELECTRIC COMPANY
/U W By, ~+ru~ryx
Gerson Berman
/`Title Vice President
STATE OF TEXAS
Q /
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 1,51
day of 1985, by GERSON BERMAN a
duly authorized officer of TEXAS POWER & LIGHT COMPANY, a divi-
sion of TEXAS UTILITIES ELECTRIC COMPANY a Texas corporation, on
behalf of TEXAS UTILITIES ELECTRIC COMPANY
Notary Public, St e o Texas
My Commission Expires
DEDICATION DEED - Page 3