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1980-065AN ORDINANCE OF OF AN EASEMENT ELECTRIC POWER FACILITIES TO BE MAKING CERTAIN EFFECTIVE DATE ORDINANCE NO � THE CITY Of DENTON, TEXAS, PROVIDING FOR THE GRANT TO THE TEXAS MUNICIPAL POWER AGENCY AND BRAZOS COOPERATIVE, INC , FOR MICROWAVE COMMUNICATIONS LOCATED ON REAL PROPERTY OWNED BY THE CITV, AND FINDINGS INCIDENTAL THERETO, AND PROVIDING AN WHEREAS, the Texas Municipal Power Agency (TMPA) and Bra�os Electric Power Cooperative, Inc (Brazos) enterPd into a microwave contract dated September ?6, 1977, and WHEREAS, certain of the microwave facilities to be constructed pursuant to such contract are to be located on property owned by the City of Denton, Texas, and WHEREAS, it is the desire of this governing body to authorize the grant of an easement to TMPA and Brazos for the construction of microwave facilities which will serve as a communications link between this c9ty, TMPA, and Brazos, and WHEREAS, it is the further desire of this governing body to waive the law of fixtures as it might apply to such microwave facilities, in order that TMPA and Brazos and not this city should remain the owner of such microwave facilities, NOW, THEREFORE, TEXAS, HEREBY ORDAINS SECTION I THE CITY COUNCIL OF THE CITY OF DENTON, The recitals contained in the preamble hereof are found to he true and are adopted as findings of fact by this governinq body SECTION II That this governing body, on behalf of the Ciiy of Denton, Texas, hereby grants an easement to the Texas Municipal Power Agency and the Brazos Electric Power Cooperative Inc , such easement to bP in the form attached hereto as Exhibit A, which exhibit is made a part of this ord�nance for all leqal intents and purposes SECTION III_ That the Mayor of this City of Denton, Texas, be anci is hereby authorized to execute such instruments as are necessary to grant such easement to the Texas Municipal Power Agency and Brazos Electric Power Cooperative, Inc , and to take such other actions as are necessary to implement the spirit and intent of this ordinance PASSED AND APPROVED th9s the��day of Auqust, 1980 I R, 0 T , CIT OF DE TON, TEXAS ATTES . OF DENTON, TEXAS APPROVED AS TO LEGAL fORM � , N Y CITY 0 DENTON TEXAS YGL��J �c !'>1vE � I`, EAS Ehf EN T THE STATE OF TEXAS �� CORDS KNOi� ALL MEN BY THESE PRESENTS: COUNTY OF DENTON � a _ v � That the City of Denton, a municipal corporation, acting herein by and through its Mayor, of the County of Denton, Texas, hereinafter called "Grantor", for and in consideration of thY sum of TEN and Ai0/100 DOLL S and other gaod and valua;, e= consider?tion, rPrez�t of :arivr. is hereb; ackra��°c?ged, paid by Texas Municipal Pawer Agency, a municipal poiver 3gency created under the authority of Article 1435a, Tex. Rev. riva Stat. Ann., and Brazos Electric Power Cooperative, Inc., ��e�einafter called "Grantees", has granted, sold and conveyed, and by these presents does grant, sell and convey unto Grdntees, su�ject ta the reservation hereinafter made, an easemen.t and rzght-o�-way for the purposes of constructing, reconstru�.ting, o�erating, maintaining, inspecting, increasing or rec��cing th� ca�ability af, repairing, and relocating certa�.r_ mzcrowave co�nmunic�ations facilities, consisting of a TR1CT'Ori'a.iiC° '`i.OWETy a?"i�PI?I1�Sy �.11C� aSSOCl.at2C� eC{lllpl112T1t; Il11.CTOWSV2 RF, muitiplex and VF termination equipment; cabinets, batteries, �attery rack, battery charger, dehydrator, control ��1 house, azd miscellaneous cabling an.d terminations; and micro�,ave tr�nsmiss�an line between the antennas and the RF equipment; sa�d easement an.d right-of-way being over, across, and u�on ]�and in Denton County, Texas, mare particularly descri�3ed as £ollows: A11 f:hat certain lat, tract or parcel of land Iying a�.L beinb situated in the City and County of Denton, Sta�e ef iexas, and being part of the M. Austin v�.�r•aey, Abs�ract No. 4, and alsa bezng part of a trart rf ?and as conveyed from Len R. Henderson and wife, iJi�.a�Lf:ll.a S. H�nderson to the City of Dentan, Texas b� �Y�rranty Deed dated 10-13-54 and recorded in Volume 3�8, Page 576 of the Deed Records af D�n.�on County, Texas, and more partictilarly desvrzbed as fallows: Comme�cing at a paint in the east houndary line of said City of Denton tract, said poznt also being the southwest corner of a tract af land conveyed by Alex 17i.ckie �o the City of Denton as recorded in Volume 648 Page 105 of the Deed Records of Denton County, Texas;. Thence South 1°33' tidest along the east Iine of said city tract a distance of 402.56 feet to a point for a corner; Thence South 87° 54' West a distance of 852.25 feet to a point for a corner; Thence South 2° 18'48" East a distance of 20 f eet to the point of beginning, said point also being the westerly east corner of an existing building; Thence south 87° 41' 12" ��est alar_g thp r_ortherly nor�ch wa11 of the existing bu�.lding a distance of 10.5 fee� to a point for a corner; � T�:�::zc° North 2° 18'48" West a distance of 32 feet to �. �_�_; :�t f cr � corner; �'hence North 87° 41'12" East a distance of 50 feet L� a�oint for a corner; Tha�ce South 2° 18'48" East a distance of 50 f eet to a po�nt for a corner, said point being the southerly nor��`�all of an existing building. The�Le South 87° 41'12" Udest along the southerly north wall of the existing building a distance af 39.5 feet to a pcint for a carner, said point also being an inner ell of said existing building; Th�nc� North 2° 18'48" West along the westerly east caalZ of said existing building a distance of 18 feet to t�°�e place of beginning and containing 231Z square feet af land more or less. together with the right of ingress and egress over Grantor's a��acLnt �unds tc cr £rv,. sa�� ease�:�nt ard3 r�ght-of-tvay. I� is exp�essly agreed that all facilities placed on the above desc:ribed lanc'� by Grantees, or either of them, shaZl be and remain �ne property of Grantees in their respective awnership shares a°� tenants in common; provided, hotiaever, that Grantar shall "nave the right, at such �ime as Grantees abandon the abJti'� descr�bed easement and rights, to remove at Grantees' expensv su�:h micrrowave communications facilities then remai�ing on tre :�v�ve described land. f � � 1! 1 / 1 ..• - .- .-. - , ■ � . -- - - � , � . • , r easenei.t �and rights are abandoned. , , _ . . . , . , _ _ , _ _ . �- • r • • .�• r•a � � • to use t:�° above described land in any manner that will not endanger or unreasonably interfere with the microwave w • . _ •; R __ - ., - - , a � ► , -� - - �- . �- assigned in whole ar in part provi�ed that any such assignment :; r�: � 'lui.l.v► PAGE "� .^ '"y a C : YGL � Y�,GE . .- , - , - ; , , - , _ -- , . . r-. _ . , -- . .! �-,, , , , _. ,, - . • - � r - - - • - � - - � - -� � � ' + - �- �s . . a . .�� , , I � . • • - + . * � - - - t- - . harr►mles� by Grantees, their successors and assigns, against any claa;n� cn accouni of d°atr., injury, or damag�s resulting from the :�r:s�t �lation, operation and maintenance of said micrawave communic�tions facilities (except claims on account of death, injurys cr damages caused by the negligence of Grantor, its employeas or agents.) �� "�� hand and seal �ai the City af Dentan, Texas, � � � i � "'�`,�._..�'� � �� -� � ` , 19 8 0 0 CITY OF DENTON TEXAS µ. � v , x� , . �a � � r �' , .. ,� , . ., ,�:. ..� . � - . � � BY: �i .� . � . , ".� �� .� �s,�+ � � ��t�� , ��i�`�`+J� �' .� . . - . . r"� �` �' �� `�' : �-�'�� .� = � , . `�'� � {�� `� �3i�� £��ari`� �� "��,�,��'�'�� GI:�'� �?� � iv�'0�, lEX�S APPROVF� �:5 TO LEG�,L FORM: C. J. T'�}.'LOR, JR. , CI1'Y ATTORNEY CITY OF DENTO�, TEXAS � �. -� � BY: � , THF 5T�.TE OF TEXAS �,: � � f �EFORE ME, the undersigned authority, on thi_s day personally appeare�. Richard 0. Stewart, Mayor of the City of Denton, Texas, '�cnown to me to be the person and officer whos� name is subscribed io the foregoing instrument, and acl:nowledged ta me that he e�ecuted the sam.e �or ihe purposes and consideratian traerein expressed, in the capacity �herein stated and as the act and deed of saici City of Denton, T�xas. � ;� �._ �,�� --�., .3y, �.I��I d�?�I�ER MY HAND AND SEAL OF OFFICE this � �ay � �3 � ' �° • c�� .��"��`; � �� w ,, y ,- � - �� . , `��.._ .�`� .�i�.�..��, , i� ' M �v (� T�.1�'� �� I � _ � � A?� � F` i�1� �`' `" DENTOV COUNTY, TEXAS i` • �° " ,