2010-184sAour documentslordinances11012010 verizon ordinance.doc
ORDINANCE NO. 2010-184
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN EASEMENT TO DALLAS
MTA, L.P. D/B/A VERIZON WIRELESS ACROSS CITY OF DENTON PROPERTY BEING
A TRACT OF LAND SITUATED IN THE MARY AUSTIN SURVEY, ABSTRACT NO. 4, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE
REMAINDER OF LOT 1, BLOCK 2 OF THE MUNICIPAL UTILITY ADDITION, AN
ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET G, PAGE 346,
PLAT RECORDS OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that approval of an easement to Dallas MTA. L.P.
d/b/a Verizon Wireless ("Verizon") which is more particularly described in Exhibit "A" attached
hereto and made a part hereof by reference (the "Easement") is in the public interest; and;
WHEREAS, The City Council finds that the fair market value of the Easement is
$2,500.00 (the "Value of the Easement"); NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Easement is hereby approved. Upon payment by Verizon of the
Value of the Easement, the City Manager or his designee is hereby authorized to execute the
Easement on behalf of the City of Denton and deliver it to Verizon.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2010.
YOR
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: X~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
Grantor:
City of Denton, Texas, a municipal corporation of the State of Texas
215 East McKinney
Denton, Texas 76201
Grantee:
Dallas MTA, L.P. d/b/a Verizon Wireless
One Verizon Way, Mail Stop 4AW100
Basking Ridge, New Jersey 07920
Consideration:
Ten Dollars ($10.00) and other valuable consideration paid by Grantees, the receipt and
sufficiency of which are acknowledged by Grantor.
Description of Easement Area:
See Exhibit "A" and "B" attached hereto and made a part hereof.
Easement Purpose:
This easement is made and accepted for the following purposes:
Constructing, reconstructing, operating, replacing, relocating, rebuilding, upgrading,
inspecting, changing the size of, repairing, and perpetually maintaining one or more
underground telephone, fiber optic and telecommunications lines and related facilities
(including pulling vaults or boxes) (collectively the "Facilities") under and across the
Easement Area; together with the right of Grantee, its agents, employees, workmen and
representatives to have ingress and egress upon and across the Easement Area for the
purpose of constructing, reconstructing, operating, replacing, relocating, rebuilding,
upgrading, inspecting, changing the size of the facilities and any part thereof.
Conveyance:
Grantor conveys to Grantee, an easement and right-of-way along, over and under the
Easement Area, for the respective purposes permitted above but none other; TO HAVE
AND HOLD, unto Grantee, and its permitted successors and assigns. This grant is
made and accepted subject to all encumbrances, covenants, easements and other
matters recorded in the Real Property Records of Denton County, Texas or that are
visible and apparent.
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Terms and Conditions of this Easement:
This easement is made and accepted on the following terms and conditions:
1. All of the telephone, fiber optic, and telecommunications lines and related
facilities placed by the Grantee within the Easement Area shall be underground
and buried to a level or placed at a location so as not to unreasonably interfere
with Grantor's use of the surface, subject to the terms hereof.
2. All facilities placed in the Easement Area shall be maintained in good condition
by Grantee. All uses and operations by Grantee under the Easement shall be
conducted in a safe manner consistent with good industry practices and shall
comply with all laws, ordinances, and permitting requirements.
3. Grantor hereby reserves the right to use the Easement Area for all purposes
except as herein restricted, subject, however, to the rights granted herein to
Grantee. Grantor shall build no buildings within the Easement. Grantor, without
limitation, reserves the right to do any of the following: (a) grant public or private
rights-of-way; (b) convey other public or private utility easements that do not
unreasonably interfere with Grantee's permitted use; (c) install and maintain
landscaping and associated irrigation; (d) install and maintain fencing; (e) pave
over the facilities with parking lots, entranceways, roads, and sidewalks using
either concrete or asphalt materials, and (f) make any other use of the Easement
Area that does not unreasonably interfere with Grantees' permitted use. In the
event Grantee must remove or shall damage any landscaping, fencing or paved
area in exercising the rights granted to it herein, Grantee shall repair or replace
such improvements to the same condition as existed prior to removal or damage.
4. If Grantee(s) shall discontinue or abandon, for a period of five (5) years, use of
the Facilities within the Easement Area, then this Easement shall terminate and
be of no further force.
5. Grantee may assign this Easement, without Grantor's prior consent.
6. The Easement is conveyed and accepted subject to all encumbrances,
covenants, easements and other matters whether of record in the Real Property
Records of Denton County, Texas or not of record. Grantee represents and
warrants. to Grantor that it has made an independent inspection and evaluation of
the Easement Area and the title to same and the ability and legal authority of
Grantor to execute and deliver this Easement and acknowledges that Grantor
has made no statements or representations concerning the present or future
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value of the Easement Area, the state of title of the Easement Area, or the
condition, including the environmental condition of the Easement Area or the
ability and legal authority of Grantor to execute and deliver this Easement to
Grantee.
FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR
WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED,
INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE,
THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF
THE EASEMENT AREA AND/OR MATERIALS CONTAINED OR LOCATED IN,
ON OR UNDER THE EASEMENT AREA, THE NATURE OF THE PAST OR
HISTORIC USE OF THE EASEMENT AREA, MERCHANTABILITY OR
FITNESS FOR PURPOSE OF ANY OF THE EASEMENT AREA OR THE
ABILITY AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS
EASEMENT. Grantee further acknowledges that, in accepting this Easement, it
has relied solely upon its independent evaluation and examination of the
Easement Area, and public records relating to the Easement Area and the
independent evaluations and studies based thereon. Grantor makes no warranty
or representation as to the accuracy, completeness or usefulness of any
information furnished to Grantee, if any, whether furnished by Grantor or any
other third party. Grantor, its officers, employees, elected officials, independent
contractors, and agents assume no liability for the accuracy, completeness or
usefulness of any material furnished by Grantor, if any, or any of its officers,
employees, elected officials, independent contractors and/or agents, and/or any
other person or party, if any and Grantee hereby releases such parties from and
against any claims related to such matters. Reliance on any material so
furnished shall not give rise to any cause, claim or action against Grantor, its
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officers, employees, elected officials, independent contractors and/or agents, and
any such reliance shall be at Grantee's sole risk.
THE CONVEYANCE OF THIS EASEMENT SHALL BE ON A "WHERE
IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT
REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR
IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, THE
DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE
EASEMENT AREA AND/OR MATERIALS CONTAINED OR LOCATED IN, ON
OR UNDER THE EASEMENT AREA, THE NATURE OF THE PAST OR
HISTORIC USE OF THE EASEMENT AREA, QUALITY, VALUE, FITNESS FOR
PURPOSE, MERCHANTABILITY, THE ABILITY AND LEGAL AUTHORITY TO
EXECUTE AND DELIVER THIS EASEMENT, OR OTHERWISE. Grantee has
satisfied itself as to the title, type, condition, quality and extent of the property
and property interests which comprise the Easement Area.
7. The rights and obligations set forth in this Easement shall bind and inure to the
benefit of the successors and assigns of Grantor and Grantee and shall run with
the land so as to benefit and burden the future owners of any direct or indirect
interest in the real property encumbered by this Easement.
(SIGNATURE PAGE TO FOLLOW)
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Executed this t. - day of 12010.
Grantor
City of Denton, Texas, a munic
corporation of the State exas/
rs
By: C/
George C. Campbell
City Manager
Attest:
JEN ER WALTERS, 17 SECRETARY
BY:
APPROVED AS TO FORM
ANITA BURGESS, TY ATTORNEY
BY:
Grantee
Dallas MTA, L.P. d/b/a Verizon Wireless
By: Verizon Wire ss e s, LLC,
its genera rt r
By:
Hans F. Leutenegger,
Area Vice President Network
Date: 7-q - Z610
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ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on 11AA11,11 q, 2010, by
of the City of
a
George C. Campbell, City Manager of the City of Denton, oaft
Denton.
Given under my hand and seal of office th's " day of 1AUA, 12010.
Not Publi
`PY's.JENNIFER K. WALTERS~ Wa l
=i Notary Public, State of Texas
llww- My Commission Expires Printed Name
f7eCOmber 19, 2010
My commission expires: 02 06
STATE OF NORTH CAROLINA
ACKNOWLEDGMENT
COUNTY OF MECKLENBURG
BEFORE ME, the undersigned authority, on this day personally appeared Hans
F. Leutenegger, Area Vice President Network of Verizon Wireless Texas, LLC, the
general partner of Dallas MTA, L.P. d/b/a Verizon Wireless, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he, being duly authorized to execute said instrument, executed the same for the
purposes and considerations therein expressed.
Given under my hand and seal of office this day of , 20/0.
(PERSONALIZED SEAL)
JEAN M MUSA
Notary Public, North Carollna
Mecklenburg County
MY Commission Expires
May 18, 2015
MAL&
_in and for the State of North
c
Nota PuI
Car ina
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Exhibit A
EXHIBIT "A"
Description of 3' Wide Easement
BEING a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of
Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2
of the Municipal Utility Addition, an addition to the City of Denton, as recorded in Cabinet
G, Page 346, Plat Records, Denton County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at the most West, Southwest corner of said Remainder of Lot 1, Block 2
of the Municipal Utility Addition, same being the Northwesterly corner of a 0.030 acre
tract Right-of Way Dedication and recorded in same Cabinet G, Page 346, same point
being now on the North right-of-way line of Spencer Road (a variable width R.O.W.);
THENCE South 52 degrees 36 minutes 00 seconds East, along the Northerly line of said
0.030 acre tract Right-of Way Dedication, same being the Northerly right-of-way line of
said Spencer Road and the Southerly line of said Remainder of Lot 1, Block 2, a
distance of 201.49 feet to THE POINT OF BEGINNING hereof;
THENCE (1-1) North 74 degrees 26 minutes 19 seconds East, departing the Northerly
right-of-way line of said Spencer Road, same being the Northerly line of said 0.030 acre
tract Dedication and through the interior of said Remainder of Lot 1, Block 2, a distance
of 37.18 feet to a point;
THENCE continuing through the interior of said Remainder of Lot 1, Block 2, the
following five (5) courses:
L2D. North 65 degrees 47 minutes 29 seconds East, a distance of 22.73 feet to a point;
L3D. North 59 degrees 52 minutes 09 seconds East, a distance of 14.70 feet to the point
of commencing of a curve to the right, having a central angle of 16 degrees 05 minutes
09 seconds, a radius of 686.85 feet and a chord bearing and distance of North 73
degrees 01 minutes 07 seconds East, 192.20 feet;
THENCE in a Northeasterly direction and along said curve to the right, an arc length of
192.84 feet to a point;
L4D. North 83 degrees 01 minutes 17 seconds East, a distance of 114.77 feet to a point;
L5D. North 67 degrees 04 minutes 55 seconds East, a distance of 29.29 feet to a point;
L6D. North 83 degrees 32 minutes 06 seconds East, a distance of 64.75 feet to the West
line of a 17.751 acre tract, said 17.751 acre tract described as that tract of land as
conveyed from The Spencer Station Generating Company, L.P., a Delaware limited
partnership, to the City of Garland, Texas, a municipal corporation of the State of Texas
and a home rule city, as recorded in Volume 5306, Page 02830, same being Volume
5273, Page 00463, Deed Records, Denton County, Texas, and being the POINT OF
TERMINATION hereof , and containing 0.0328 acres or 1,428 square feet of land, more
or less.
Exhibit B
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FOR THE CITY OF DENTON CONSULTING ENGINEERS
OENTON, DENTON COUNTY, T%