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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