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1983-058 No AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM MhL WHEELER, INC , OF CERTAIN REAL PROPERTY SITUATED IN THE J FISHER SURVEY, ABSTRACT NO 421, DENTON COUNTY, fhXAS, AND RECORDED iN VOLUME 808, PAGE 426 OF THE DEED RECORDS OF DENTON COUNTY TO THE CIfY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY AS AN BASEMEN] FOR WATER PIPELINES AND DECLARING AN EFFBCflVh DATE THE COUNCIL OF THE CITY O~ DENTON HEREBY ORDAINS SECTION I The City of Denton, Texas, hereby accepts the conveyance and dedication by deed from Mel Wheeler, Inc , of that certain real property situated in the J Fisher Survey, Abstract No 421, Denton County, Texas, and recorded in Volume 808, Page 426 of the Deed Records of Denton County to the L~ty of Denton, Texas, for the use of said property as an easement for water p~pel~nes, sa~d property being more particularly described as follows All that certain 0 024 acre tract or parcel of land s~tuated ~n the J Fisher Survey, Abstract No 421, Denton County, Texas, said tract being part of tract occupied on the ground as tract shown by deed to Mel Wheeler, lnc , as recorded ~n Volume 808, Page 426 of the Deed Records of Denton County, fexas, sa~d tract being further described herein by metes and bounds as tollows BEGINNING for the southwest corner ol tract described ~n sa~d deed to Mel Wheeler, Inc , sa~d point being the point of ~ntersectlon of the east r~ght of way l~ne o~ Farm Market Road 2181 and the south line of the saxd F~sher Survey, THENCE north 35°17' west along the east r~ght of way l~ne of said Farm Market Road 2181 a d~stance of 60 0 feet to a point, THENCE north 50°43' east 16 0 feet to a point for corner, THENCE south 53°17' east, parallel to and 16 feet northeasterly of sa~d Farm Market Road 2181 a d~stance of 70 70 feet to point ~n south l~ne of said F~sher Survey, THENCE north 89°30' west 19 25 ~eet to the place of beginning SECTION II The City of Denton hereby accepts the conveyance and dedication of the real property described ~n Section I hereof for the purposes of an easement for water p~pel~nes SECTION III That this ordinance shall become effective ~mmedlately upon its passage and approval PAGh i PASSLD AND APPROVhD thxs the 7 day oi ~.//.~_~ , 1983 ~C~D OfSTE~A~, ~AYOR ~ C1T{ OF D~NTON, TEXAS ATTLST CHARLi)TTE ~LLEN, CITY SECRETARY CITY OF DENTON, ~EXAS APPROVhD AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNLY CiTY OF DENTON, TLXAb PAGE 2 THE STATE OF TEXAS ~ ~ EASEMENT COUNTY OF DENTON ~ This Easement from MEL WHEELER, INC , (hereinafter called the "Grantor"), to CITY OF DENTON, TEXAS, a home-rule municipal corporation of the State of Texas (hereinafter called the "Grantee") W%TNESSETH The Grantor, for and in the consideration of the sum of TEN AND NO/iOOTHS ($10 00) DOLLARS, cash in hand paid by Grantee, the receipt and sufficiency of which consideratmon is hereby confessed and acknowledged, and in further consideration of the mutual promises and covenants hereinafter contained, does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee, its successors and assigns (suboect however, to the reserva- tions hereinafter contained in favor of Grantor, its successors and assigns) an ease- ment to construct, inspect, maintain, repair and operate water pipelines for the sole purpose of transporting under and through that certazn tract or parcel of land in the J FISHER SURVEY, ABSTRACT NO 421, Denton County, Texas, being more particularly described as follows All that certain 0 024 acre tract, or parcel of land situated in the J FISHER SURVEY, ABSTRACT NO 421, Denton County, Texas, said tract bezng part of tract occupied on the ground as tract shown by deed to Mel Wheeler, Inc , as recorded in Volume 808, page 426 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of tract described in said deed to Mel Wheeler, Inc , said point being the point of intersection of the east rzght of way line of Farm Market Road 2181 and the south line of the said Fisher Survey, 2MENCE North 33° 17' West along the east right of way line of said Farm Market Road 2181 a distance of 60 0 feet to a point, THENCE North 56° 43' East 16 0 feet to a point for corner, THENCE South 33° 17' East, parallel to and 16 feet northeasterly of said Farm Market Road 2181 a distance of 70 70 feet to point in south line of said Fisher Survey, THENCE North 89° 30' West 19 25 feet to the place of beginning II This grant of easement and the rights herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations and exceptions, to-wit (1) Grantee shall not have any rights whatsoever with respect to any pre- mises of the Grantors outside the boundaries of the Easement (2) Grantee shall not construct, build, install, mazntaln or have any above- ground structures, installations, equipment or apparatus on or within the boundaries of the Easement (3) Grantee agrees that each water pipeline to be constructed by it on the Easement shall be buried to a depth of at least seven feet ~7-~), measured from the top of the pipe to the surface of the ground ~ (4) Grantee agrees that within forty-five (45) days after completion of the constructmon of the water pipelines under the Easement, Grantee will smooth, level and fill the Easement wherever the performance of such work ms necessary to cause the Easement to be restored as nearly as feasible to its original surface conditions In the event, after the initial smoothing, filling and leveling by Grantee, the surface over the Easement becomes unlevel within one (1) year after completion of the initial fillmng and leveling of the surface over the Easement because of any reason whatsoever not caused by Grantors (including, without limitatmon, by subsidence, inspection, maintenance , repair, operation, replacement and/or removal of the water pipelines located on the Easement), Grantee will fill, smooth and level sa~d area until the surface over the Easement ms restored as nearly as feasible to the ormgmnal surface condition thereof In addition, Grantee agrees that ~f the Easement becomes unlevel because of any future work performed by Grantee on the water pipelines, Grantee will till, smooth and level said areas until the Easement is restored as nearly as feasible to its ormginal surface conditions (5) Grantee shall not fence the boundaries of the Easement Grantors reserve t-he exclusive right to fence the whole or any part of the Easement, provided however, any such fencing may be removed and restored by Grantee in the exercise of its rights hereunder and any such fencing by Grantors shall be done in such a manner aa to leave ~dequate access to the surface of the Easement by the Grantee (6) Grantors reserve for themselves, their successors and assigus, the un- limited r~ght and privilege at any time and from time to time to construct, place, lay, maintain, inspect, protect, operate, repair, alter, change the size of, substitute, place and remove fences, ditches, drainage facilities, pipelines, parking lots, roads, streets (constructed out of dirt, shell, concrete or blacktop or any combination of the same) sidewalks and utilities lines (mncludmng, but not w~thout l~mitation, water, storm severage, gas, sanitary sewerage and electrical power lmnes) on, over, under, through and across the Easement, provided, however, such reserved rights shall be exercised zna manner so that not less than five feet (5') of earth (measured from the top of each of Grantee's pipelines) shall be left undisturbed (7) This Easement and all rights granted to Grantee hereunder are expressly made subject to all validly existing restrictions, covenants, conditions, rights-of- way, easements, mineral reservations, royalty reservations, mineral leases and mineral interests, of record, ~f any, affecting the lands affected hereby (8) Grantee agrees to keep the Easement ~lean and free of all debris re- suiting from or arismng solely of Grantee's acts orloperatlons thereon (9) Within thirty (30) days after the da~e of the completion of the con- struct~on of the water pipelines under the Easementl Grantee shall furnish and delmver to Grantors a written certified statement signed bylGrantee certzfying that the pipe- lines so constructed are located within the boundaries of the Easement and at the depth requmred herein (10) Grantee agrees that this Easement shall terminate and automatmcally revert to Grantors, free and clear of any right, t~tle or interest in Grantee if at any time after the initial construction of the water pipelines the Easement is abandoned by the Grantee or the purpose of this grant of easement is changed, modified or altered by Grantee without Grantors express written consent (11) Grantee agrees that Grantor shall not ever be obligated to pay any fees ~h~rge~of ~w,Satever-klnd ~0 "gap~' ~ "tie-on" to a~y City of Denton water pipe- lines for use of water on ~ property owned by'Grantor along Teaseley Lane III SubJ,ect to the terms, agreements, reservations, conditions, covenants, lzmitations and exceptions set forth in paragraph I and paragraph II above, Grantee shall Lave all the rights and benefits necessary for the full enjoyment and use of the rights granted herein, together with the rights of ingress to and egress from the Easement, said ingress and egress, however, being strictly limited to the boundaries of the Easement after initial construction In addition to the rights reserved by Grantors in paragraph II above, Grantors shall also have the right to use and en3oy the Easement for any other purpose whatsoever which does not interfere with Grantee's use of the Easement for the purposes for which the same is granted, provided, however, except as allowed under the provmsions of paragraph II hereof, Grantors shall not erect or construct any bumldlngs, houses, barns or other improvements or structures wmthzn the boundaries of the Easement, nor will Grantors plant trees on the Easement TO HAVE AND TO HOLD the Easement for the purposes heremn set forth and sub- 0ect to the terms, limitations, covenants and agreements herein contained, unto Grantee, its successors and assigns Ail rights, privileges and obligations created by this instrument shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto No sale or division of the land hereinabove described shall increase or change the rights and obligations of Grantee hereunder, and any subsequent owner or owners of said land shall be substituted for and in place of Grantors herein This grant covers all the agreements between the parties and no representa- tions or statsments, verbal or written, have been made modifying, adding to or changing the terms of this Easement ,/ EXECUTED this the /0' ~/l day of "GRANTOR" - MELWHEELER, INC ATTEST ACCEPTED BY "GRANTEE" - CITY OF DENTON, TEXAS By ACCEPTED BY ORDINANCE NO , DATED THE STATE OF TEXAS COUNTY OF DENTON BEFORE ?E, the undersigned authority, on this day personally appeared ~d offzcer whose name is subscribed to the foregoing mnstrument and ackmowledged to ~ that the sama was the act of the said ~L ~EE~R, I:~C , a corporation, and that he executed the s~e as the act of such corporatmon for the purposes and consideration there~n expressed, and in the capacity therein stated GIVEN U~ER ~ ~D ~D SEAL OF OFFICE, This /~ ~ day of ~ ~,, , 1983 (Prznted N~e~f Nora=y) TH~ STATE OF TEXAS ~ COUNTY OF DENTON ~ BEFORE ME, the undersigned authormty, on this day personally appeared , known to me to be the person and offmcer whose name is subscribed to the foregozng instrument and acknowledged to me that the same was the act of the said CITY OF DENTON, TEXAS, a corporation, and that he executed the same as the act of such corporation for the purposes and con- sideratlon therein expressed, and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thzs day of , 1983 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS (Printed Name of Notary) MY COmmISSION EXPIRES May 5, 1983 Mr Earl Jones Capitol Construction Projects Coordinator City of Denton 215 E McKlnney Street Denton, Texas 76201 Dear Mr Jones After my conversation with you on May 4, 1983 whereby you ~nformed me that the City of Denton had no objection to Mr Mel Wheeler being able to tie into the water l~ne that we are currently Installing along Teasley Lane Please be advised as consideration for the 16 ft utility easement, granted by Mr Wheeler to the City of Denton (See attached copy of easement) I hereby wave any reimbursement from Mr Wheeler for the purpose of tieing into the water l~ne Also any agreement I made with him was strictly between Mr ~heeler and Lakewood Estates Sincerely Yours, R J Button , Managing Partner RJB/d] c c Mr Mel Wheeler ROUTE 6 · DENTON TEXAS 76201 · (817) 566 5573