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