2011-134s:llegal\our documents\ordinances1111unt encroachment ordinance.doc
ORDINANCE NO. 2011-134
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE FOR AND ON BEHALF OF THE CITY OF DENTON, TEXAS (THE "CITY") AN
EASEMENT ENCROACHMENT AGREEMENT (THE "AGREEMENT"), BY AND
BETWEEN THE CITY AND THE UNIVERSITY OF NORTH TEXAS ("UNT"),
REGARDING THE ENCROACHMENT BY UNT UPON A DR.AINAGE BASIN EASEMENT
OWNED BY CITY, ENCUMBERING AN APPROXIMATE 5.297 ACRE TRACT OF LAND,
MORE OR LESS, LOCATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NUMBER
996 AND THE AN.B. TOMPKINS SURVEY, ABSTRACT NO. 1246, GENERALLY
LOCATED AT 1251 SOUTH BONNIE BRAE STREET, CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR TERMINATION OF ORDINANCE AND
AGREEMENT UPON FAILURE OF UNT TO APPROVE AND EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. �
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
Easement Encroachment Agreement ("Agreement"), by and between the City of Denton, Texas
and the University of North Texas, in the form of the Agreement attached to and made a part of
this ordinance for all purposes. �
SECTION 2. In the event the University of North Texas shall not approve and execute
the Easement Encroachment Agreement on or before August 30, 2411, this ordinance and the
Easement Encroachment Agreement shall be null and void and of no further force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of � , 2011.
MARK A. G S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: '
EASEMENT ENCROACHMENT AGREEMENT
This Easement Encroachment Agreement ("Agreement") is by and between the City of
Denton, Texas, a Texas home rule municipal corporation ("City") and the University of North Texas,
a Texas State University ("iJNT"), both City and iJNT being governmental entities with the power
and authority to enter into this Agreement.
Whereas, iJNT granted and conveyed to the City a Drainage Basin Easement, being filed
under Clerk's File Instrument Number 2004-2786, Real Property Records, Denton County, Texas for
storm water detention basin (the "Drainage Basin") related purposes; and
WHEREAS, UNT has requested permission to use an area within the boundaries of the
Drainage Basin, as described and deiined below, located in Denton County, Texas for the installation
of infrastructure described as: three (3) wind generating turbines and associated towers and other
infrastructure and related appurtenances, as depicted on E�ibit "B", attached hereto and made a part
hereof (collectively, the Encroaching Facilities"); and
WHEREAS, the Encroaching Facilities will be located within those portions of the Drainage
Basin more particularly described in E�ibit "A", attached hereto and made a part hereof by
reference (the "Encroachment Area"); and
WHEREAS, the City Council of the City expressly finds that the granting of consent to
encroach within the Drainage Basin and occupy the Encroachment Area to LTNT, upon the terms,
conditions and provisions set forth below, satisfies the public purpose of the City of Denton, Texas;
and
WHEREAS, the functions provided herein are functions each party is authorized to perform
individually; and
WHEREAS, City and UNT have entered into this Agreement to set forth certain
responsibilities related to the use of the Drainage Basin and the Encroaching Facilities.
NOW, THEREFORE, for the consideration set forth herein and the furtherance of the public
purpose of the City of Denton, Texas, the City hereby grants consent to iJNT to locate, maintain and
repair the Encroaching Facilities within the Encroachment Area, subject to the following terms and
conditions:
l. It is understood and agreed that the City does not own the fee simple estate to the Encroachment
Area. iJNT is responsible to obtain whatever rights and permission, other than the rights granted
herein by the City, that are necessary from any others having an interest in the Encroachment
Area, including, without limitation, any other parties owning easement interests therein. This
Agreement shall extend to and be binding upon iJNT and its successors and permitted assigns,
and shall not be interpreted or construed as (i) a conveyance of any real property interest of any
kind or nature; or (ii) a waiver of any rights held by the City within the Encroachment Area,
1
except as expressly and specifically provided in this Agreement.
2. The Encroaching Facilities shall be constructed in a manner so as not to interfere with any City
facilities and shall be constructed in accordance with all applicable Code requirements and the
Plans and Specifications (herein so called) to be submitted to City, as provided herein. iTNT shall
submit the Plans and Specifications for any contemplated Encroaching Facilities to the City prior
to construction activities of any kind within the Encroachment Area. City may review the Plans
and Specifications for compliance with the applicable portions of the Code. In the event the Plans
and Specifications are not in compliance with the applicable portions of the Code, UNT shall not
conduct any activities related to the Encroaching Facilities until the Plans and Speciiications are
modified to comply with the applicable portions of the Code. Once approved, i1NT shall not
make any modifications to the Plans and Specifications, without written approval by the City
("Authorized Modifications"), acting by and through the City Engineer. When referring to the
Encroaching Facilities within this Agreement, such term shall mean the Encroaching Facilities
constructed in accordance with the approved Plans and Specifications, Authorized Modifications,
if any, and the applicable portions of the Code.
3. i1NT shall not allow any lien or claim of any kind to be filed or asserted on or against the
property interests owned or claimed by City and shall take whatever actions are necessary to
cause the release of such lien or claim in the event such lien or claim is filed or asserted.
4. The Encroaching Facilities are and shall be at all times subordinate to the City's existing
easement rights, including without limitation, the use of the Drainage Basin for storm water
detention and storage purposes.
5. UNT shall, to the extent permitted by law and when not in conflict with the Constitution of the
State of Texas, defend, indemnify and hold harmless the City, its employees, elected officials,
officers and agents from and against any and all claims, expenses, damages, losses and
judgments arising out of or related to the presence, operation and maintenance of the
Encroaching Facilities and/or UNT's occupation or presence on or within the Drainage Basin as
related to the Encroaching Facilities, except that LJNT's responsibility to defend, indemnify and
hold harmless as required hereunder shall not apply to cover or protect against negligent actions
or the negligent failure to act of the City, its employees, elected officials, officers and agents.
UNT shall require and cause each contractor of iJNT performing any worlc within or otherwise
occupying the Encroachment Area for purposes related to the Encroaching Facilities, to defend,
indemnify and hold harmless the City, its employees, elected officials, officers and agents, from
and against any and all claims, expenses (including attorneys' fees), damages, losses and
judgments arising out of, related to or incident to their work on the Encroaching Facilities and/or
their occupation or presence on or within the Drainage Basin related to the Encroaching
Facilities. Before performing any work within the Encroachment Area related to the Encroaching
Facilities, UNT shall require its agents and contractors to procure and maintain insurance as
specified in Section 6, below, and to provide to the City such certificate or certificates of
insurance complying with the City's insurance requirements, as set forth in Section 6, below,
prior to any construction activities related to occupation of the Encroachment Area or the
Encroaching Facilities. The covenants contained in this Section 5 shall survive the expiration or
termination of this Agreement.
2
6. UNT shall require and cause each contractor performing any work within or otherwise occupying
the Encroachment Area for purposes related to the Encroaching Facilities, to purchase and
maintain the following insurance coverages during all times of construction upon, and/or
occupation of, the Encroachment Area by contractors:
A. Commercial General Liability insurance with a limit of not less than $1,000,000 for each
occurrence and $2,000,000 in the aggregate for bodily injury, death or destruction of
property;
B. Business Auto Liability insurance (including coverage for Owned, Hired and Non-Owned
Autos) with a limit of not less than $500,000.00 for each person and $1,000,000.00 for
each single occurrence for bodily injury or death and $500,000.00 for each single
occurrence for injury to or destruction of property.
The Commercial General Liability insurance and the Business Auto Liability insurance required
herein shall name the City as an "Additional Insured", for damages arising from or related to the
construction and maintenance of the Encroaching Facilities and/or occupation of the
Encroachment Area.
During the term of this Agreement, UNT shall maintain the self insurance coverages as set forth
in that certain letter, dated August 15, 2011, attached hereto as Exhibit "C", or as otherwise may
be approved in the future by the State Office of Risk Management ("SORM"). In the event of a
change of self insurance coverage approved by SORM, UNT shall provide a replacement letter
evidencing such coverage to the City as soon as reasonably practicable.
7. UNT shall limit construction and other operations required for construction of the Encroaching
Facilities so as to prevent construction equipment from damaging existing City facilities located
within the Encroachment Area and other areas. Without limiting the generality of Section 5
above, and without waiver of any statutory immunities or defenses allowed by law, UNT and
LTNT's contractors shall be responsible for any damage that they cause, in whole or in part, to any
City facilities located within the Encroachment Area and damaged by activities conducted
pursuant to this Agreement. However, notwithstanding the foregoing, UNT and i1NT's
contractors shall not be responsible for any damage to the extent caused by the negligence of
City, or its employees, elected officials, officers or agents.
8. The City shall not be responsible for any costs of construction, operation and maintenance or any
other matter related to the Encroaching Facilities. It is further agreed that the City shall not be
liable or responsible for any damage to the Encroaching Facilities as a result of the City's non-
negligent use or public's use of the Drainage Basin, and iJNT, for itself, its successors and
assigns, hereby releases the City, its officers, employees, elected ofiicials, and agents, from and
against any and all claims, damages and losses, of any kind or nature to the Encroaching
Facilities, as a result of or related to the City's non-negligent use or public's use, of any kind, of
the Drainage Basin and/or activities related to the planning or approval of the Drainage Basin.
The covenant and release set forth in this Section 8 shall survive the termination of this
Agreement. The provisions set forth in this Section 8 shall not be construed, in any way, manner
or form, as a release by UNT of any damage to the extent caused by the negligence of City, its
3
employees, elected officials, officers or agents.
9. UNT shall not place any structure or other matter of any lcind, other than the Encroaching
Facilities, upon Encroachment Area except as allowed in this Agreement or in the Easement
Agreement granted to the City by LJNT.
10. Grading, if permitted, shall be conducted so as to leave the Encroachment Area in the condition
existing prior to any activities conducted pursuant to this Agreement. Spoil dirt and all trash shall
be removed from the affected areas.
11. Construction equipment and materials shall not be stored on the Encroachment Area or within the
Drainage Basin related to the construction, operation or maintenance of the Encroaching
Facilities. Except as otherwise provided in the Plans and Specifications and the Authorized
Modifications, if any, this Agreement does not provide authority, or consent of the City, for L1NT
to occupy any portion of the Drainage Basin other than the Encroachment Area or as UNT may
have authority to occupy as fee title owner of the Drainage Basin.
12. In the event of default by City or UNT in any of the terms and conditions herein contained and
such default continues for a period of forty five (45) days after the non-defaulting party provides
notice of such default to the defaulting party, the non-defaulting party may, as its sole and
exclusive remedy, either (i) terminate this Agreement; or (ii) seek specific performance of the
terms of this Agreement.
13. iJNT shall not be permitted to sell, assign, partially assign or transfer its interest in this
Agreement, or any of its rights, duties, or obligations hereunder, without the prior written consent
of the City. City shall not unreasonably withhold, delay or deny such consent or approval,
although the City may condition consent on the express assumption of all obligations of UNT
herein by the proposed assignee. No transfer, assignment or other change in rights granted by this
Agreement shall be effective until the City shall have consented to such activity.
14. The failure of either party to enfarce, or insist upon compliance with, any of the terms,
limitations or conditions of this Agreement shall not constitute a general waiver or
relinquishment of any such terms, limitations or conditions, but the same shall be and remain at
all times in full force and effect.
15. This Agreement shall expire upon the earlier to occur of (i) the abandonment of the Encroaching
Facilities; (ii) removal of the Encroaching Facilities from the Encroachment Area; and (iii)
termination of this Agreement as otherwise provided herein. Upon expiration or termination of
this Agreement, iJNT may remove the Encroaching Facilities from the Encroachment Area at
UNT's sole option. Any occupation of the Drainage Basin in connection with such removal
related activities shall be completed in accordance with a mutually agreeable schedule.
Insurance, as required in Section 6, above, along with proof thereof satisfactory to the City, shall
be maintained by LTNT and its contractors during such agreed upon removal period.
16. This Agreement shall be governed by and construed under the laws of the State of Texas and is
fully performable in Denton County, Texas. SOLE AND EXCLUSIVE VENUE FOR ANY
4
ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL
EXCLUSIVELY LIE IN COURTS OF COMPETENT JURISDICTION LOCATED IN
DENTON COUNTY, TEXAS.
17. Each party paying for the performance of governmental functions or services must make those
payments from current revenues available to the paying party.
18. Neither City nor LTNT waive, nor shall City and UNT be deemed by this Agreement to waive,
any immunity or defense that would otherwise be available to it respecting any claim(s) made or
arising from any act or omission arising under this Agreement.
19. All notices required by, or to which otherwise pertain to this Agreement, shall be sent by U.S.
mail, postage prepaid, certified mail, return receipt respected, to the address set forth below,
hand-delivered or sent via telephonic facsimile. Notice shall be effective upon the placing in the
U.S. mail, as described above, or date of hand delivery or telecopy of the notice, to the addresses
and/or facsimile numbers set forth below:
C�:
City Manager
City of Denton, Texas
215 E. McKinney
Denton, Texas 76201
Facsimile: (940) 349-8596
UNT:
Vice Chancellor Administrative Services
University of North Texas System
LTNT System Building
1901 Main St., Suite #216A
Dallas, Texas 75201
Facsimile: (214) 752-8827
20. This Agreement and that certain Drainage Basin Easement ("Easement Agreement"), dated on or
about December 16, 2003, by and between the City and UNT, filed as Document No. 2004-2786,
Real Property Records, Denton County, Texas constitute the entire Agreement between City and
LTNT regarding the subject matter of this Agreement, and supersede all other negotiations;
representations, statements, understanding and/or agreements whether written or oral in nature.
21. This Agreement may be amended only by a duly authorized written document executed by a duly
authorized official of both the City and LTNT.
22. In the event that any provision of this Agreement shall be found by a court of competent
jurisdiction to be contrary to law or otherwise invalid, the remaining portions of this Agreement
shall remain valid and in full force and effect, to the extent lawfully possible.
23. iJNT and the City each hereby represent and warrant to the other party, that the undersigned are
the properly authorized officials of the City and i1NT, and have the necessary authority to
execute this Agreement for and on behalf of their respective governmental entity. Further, iJNT
and City hereby represent and warrant to the other party that any necessary ordinances or
governmental actions establishing such authority have been duly passed and are now in full force
and effect. Further, UNT represents and warrants to the City that it has the authority to enter into
and perform this Agreement in accordance with terms hereof.
5
24. It is expressly stipulated by UNT and the City that time is of the essence with respect to this
Agreement.
Dated to be effective as of the ��day of , 2011.
CITY OF DENTON, TEXAS
BY: �� ' _
GEORGE C. CAMPBELL
CITY MANAGER
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B
AP OVED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
UNT:
UNIVERSITY OF NORTH XAS
By: ��/�`�' ��
Nam • Jean Bush- Senior Associate
Title: Vice President for Finance
ATTEST:
:
UNIVERSITY OF NORTH TEXAS SYSTEM
/ �By:
Name: %L=�.��,r..�, ��G�..l�..i..7P , - J�CI�'��rf
Title: e%+G� C:d��,.��t/y Fe r r'd.�•����'-�°'�
ATTEST:
:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on _ � , 2011 by GEORGE C.
CAMI'BELL, City Manager of the City of Denton, Texa� � on behalf of such municipality.
���pYP����i JANE E. RICHARDSON
. ��,. e� .
:'a°' '�': Notary Public, State of exas
Commission Expires
';�;, t+�,', Mv June 27, 2013
°��� � �„,��
THE STATE OF TEXAS
COUNTY OF DENTON
�
otary Public in and for the St te of Texas
My Commission Expires: � /.J�
ACKNO WLEDGMENT
his instrument was acknowled ed before
� Gbtari �or �►'
�i CUard ESca�R.+�%e , ,�`�t�,a,`'�;,,,.. t , of
Universit� on behalf of such tt�e�s�.�+'v��-S
J�Y4�^e�q. S�5'�°M .
o ary Public in and for the State of S
My Commission Expires: DS% p�{ L2o J�
o��: �';� . a�i��o�sox
*; * rro��y r�,n�x
�° • STaTB aP T@CAN3
��� �►r�����
N�w�o.t ea�a
me on US� j 1 , 2011 by
the University of North Texas,,� a Texas State
5 ys�M
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on 7-Z ,
r�n ��a � , S�j��O ��QncC, of the University of N h Texas-�stciri, a
University.�3zst� on behalf of such �ttm. un � ver,s i-!�� ,
`\\`,�u� � n u 1 uri,�����/
.\`���.j.4;RtA'FR��q ��'�.
: G .• �av a�e •. � :
_ �•'z !�'• �
� ��91F OF t�+� �
��i� •��'• • FXPIRE3. y \\\\.
����i���2-25-2�� �����0�
� ///lIIIIIIIIN���� �
rqRY wi��
2011 by
Texas State
� ,
Notary Public in and for the Stat f 7�� 5
My Commission Expires: _�/�?�%/5
EXHIBIT "A" Page 1 of 4
Exhibit "A"
Metes and Bounds Description of a 9,584 Square Foot (0.2200 Acre) Tract of Land
A. N. B. Tompkins Survey, Abstract Number 124b �
E. Puchalsky Survey, Abstract Number 996
City of Denton, Denton County, Texas ,
Being a 9,584 Square Foot (0.2200 Acre) tract of land situated in the A. N. B. Tompkins Survey, Abstract
Number 1246, and in the. E. Puchalsky Survey, Abstract Number 996, in the City of Denton, Denton
County; Texas, being part of that certain tract of land described in a deed to the State of Texas, for the
� benefit of North Texas State Teachers College, recorded in Volume 350, Page 271, Deed Records,
Denton County, Texas, being part of another certain tract of land described in a deed to the State of
Texas, for the benefit of North Texas State Teachers College, recorded in Volume 291, Page 82, Deed
Records, Denton County, Texas, and being part of that certain Drainage Basin Easement described in a
. deed to the City of Denton, Texas, recorded in Tnshument Number 2004-2786, Deed Records, Denton
� County, Texas, being more particularly described as follows: �
CONIlI�NCING at a 1/2" iron rod found at the intersection of the north line of Willowwood Street (a 50
foot right-of-way) with the east line of Bonnie Brae Street (a variable width right-of-way);
� THENCE North 00°26'43" West, along the east line of said Bonnie Brae Street; a distance of 614.60 feet
to a point; . ' �
THENCE North 00°29'S2" West, along the east line of said Bonnie Brae Street, a distance of 379.83 feet
to a point;
THENCE North 00°32'21" West, along the east line of said Bonnie Brae Street, a distance of 206.97 feet
to the southwest corner of.said Drainage Basin Easement;
THENCE North 89°48' S5" East, along the south line of said Drainage Basin Easement, a distance of
199.81 feet to a 5/8" iron rod stamped "JQ Eng" set at the POINT OF BEGINNING;
THENCE crossing said Drainage Basin Easement, the following thirteen (13) courses:
� 1.) . North 00°41' 11" West, a distance of 93.41 feet to a 5/8" iron rod stamped "JQ Eng" set for
' comer; _ •
2.) South 89°18'49".West, a distance of 21.93 feet to a 5/8" iron rod stamped "JQ Eng" set far
corner; .. . �
3.) North 00°41' 11." West, a distance of 20.00 feet to a 5/8" iron rod stamped "JQ Eng" set.for
oorner; '
4.) . North.89°18'49" East, a distance of 21.93 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner; ,
Exhibit "A", Page 1 of 4
EXHIBIT "A" Page 2 of 4
J`
5.) North 00°41' l l" West, a distance of 370.68 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner; � .
b.) South 89° 18'49" West, a distance of 37.41 feet to a 5/8" iron rod stamped "JQ Eng" set for
' corner; �
7.) North 00°41' 11" West, a distance of 20.00 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner;
8.) North 89°18'49"Bast; a distance of 37.41 feet to a 5/8".iron rod stamped."JQ Eng" set for
corner;
9.) North 00°41' 11" West, a distance of 289.86 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner;
10.) South 89°18'49" West, a distance of 12.88 feet to a 5/8" iron rod stamped "JQ Eng" set for
comer; .
11.) North 00°41' 11" West, a distance of 20.00 feet to a S/8" iron rod stamped "JQ Eng" set for
corrier; ;
12.) North 89°18'49" East, a distance of22.88 feet to a 5/8" iron rod stamped "JQ Eng" set for.
comer;
13.) South 00°41' 11" East, a distance of 814.04 feet to a 5/8" iron rod stamped "JQ Eng" set for
corner in the south line of said Drainage Basin Easement;
THENCE South 89°48'S5" West, along the south line of said Drainage Basin Easement, a
distance of 10.00 feet tv the POINT OF SEGINNING, contai.ning 9;584 Square Feet or 0.2200
of an acre of land.
BA5IS OF BEAItINGS: Beanings are based ori the State Plane Coordinate System, N.A.D. 83,
Texas North Central Zone 4202. All distances described herein are surface and may be converted
to grid by dividing by T�OT conversion factor of 1.000150630. -
Company Name: Jaster-Quintanilla.Dallas, L.P.
By; 2t JvLY,2o1
Surveyor' Name: Christopher Maman
Registered Professional Land Surveyor, Texas No. 5532
Exhibit "A", Page 2 of 4
3 of 4
SURVEY; A. N. B. TOMPKINS SURVEY, ABSTRACT N0. 1246, AND E. PUCHALSKY SURVEY, A85TRACT N0. 996
LOCATION: CITY OF DENTON, DENTON COUNTY, TEXAS '
EASEMENT ACQUISITJON: � D.2200. ACRE
PLAT OF EXHIBIT "A" �o
BASIS OF BEARINGS: STATE PLANE (NAD 83).
N
Wa
�
w �,
0
N = _
W �
aa
� �.
m o
W �
Z w
O a
m�
v.
�
m
�
N,
3 _
N
N
;M
0
0
z
�
F- �
W �
N F �
�,
a� �
m � �
3
0
� 4J $ N
N
GS �RSr�� z J �
`�S ' p � b
� m °� z
>
W �•
� XHIBIT 'A"
m
w
.Z 3
.
m ��
POB atD
— — �
T-- — MATCH LINE ;
� E. PUCHALSKY SURVEY, A'99 �
I A-996 SURVEY LINE
� A-1246 APPROXIMATE IOCAiION
�
� . � I
z ,
I State of Texas `
for the beneflt of North Texas State Teachers. College
Drainage Basfn Easement I Volume 291, Page 82
Instrument No. 2004-278s o I Deed Records, benton County, Texas
Deed Recorda, Denton County, Texas a� j
� � �
' I DEED UNE
- o. '
N89'18'49"E 21.93' y I '
9,584 SQUARE FEE7 ' 1`Z�'6
N00'41'17"W 20.00'-r I �nCTB oF AN� MpKl�s SURV�`�' P' '
�0
58998'49"W 21.93'�3 i P, i�• a� �
� � I i
. � , - .O� p - . . ' t . ' . .
. � ' . O I � � � -
Z
— — N89'4B'55"E t89_81_ 10' J �
POINT OF BEGINNING 9•a �55^w io oo�
SB 8 .
State of Texas
for the beneflt of North Texas State Teachers Cotlege �
Volume 350, Page 271 �
Deed Records, Denton County, Texas i
�
i
NOTEr 5/8" CAPPED IRON R00 STAMPED JO ENG SET A7 EACH.CORNER AND -
�� �
�POINT OF INTERSECTION OF THE 9,564 SQUARE FOOT TRACT .OF LAND.
i ,
NOTE: BEARING AND DI8TANCE BETWEEN THE CONTROLLING MONUMEN75
SHOWN HEREON IS N89'54'56"E, A DISTANCE OF 1267J9'.
�
NOTE: ALL BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYST£M, N.A.D. 83 TEXAS NORTH CENTRAL ZONE 4202. I ALL
DISTANCES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID
BY DIVIDING BY TxD07 CONVERSION FACTOR OF 1.00OY50630.
i
,
�.
SoutNecat Comer of
p.o.c. �o o. POINT OF COMMENCING vof. sso, P9. z��
Z Controtling Monument Contr,otling Monument
WILLOWYVOOD STREET ,, 1Fd 1/2"IR , _ ,�� ,i Fd 1/2"IR�
/
LOCATION . MAP OF EASEMENT AND
WHOLE PROPERTY BOUNDARY (N.T.S.)
JASTER— UINTANILLA DALLAS, LLP
CONSULTING ' � ENGINEERS
2105 COMMERCE o.SUffE 100 � DALLAS, TX 75201
214 752-AOBB FA1f 214 752-3800
PREPARED BY: D.R.M.
CHECKED� BY: C,M.
W � 628.59 _ S89 58 39 W 639.20
DATE: JULY, 2011 JOB NO.: 4100683:01
WILLOWWOOD STREET
(50' RIGH� OF–WAI�
. ' .`��2t��oll
GRAPHIC SCALE '
0 100 200
( IN FEET )
1 inch •= 100 ft.
PAGE 3 OF 4
PR
RDS
EXHIBIT "A"
SURVEY: A. N. B. TOMPKINS�SURVEY, ABSTRACT N0.
LOCATION; CITY DF DEN'
EASEMENT ACQt11S1710N: �
PLAT OF EXHIBIT "A°
BASIS OF BEARINGS: STATE PLANE .(NAD 83):
N
i,y�,Rsr�
- � � � `�S
�
w..
m XHIBIT "A"
W
z
� P.o.e. .
P.O.C, .
WILL.OWWOOD STREET '
LOCATION MAR OF EASEMENT AND
WHOLE PROPERTY BOUNDARY (N.T:S.)
r
F- 3
V.1 �
W �
O
Vi =
W �^
Q �
� � �
mo
w�
z
�
O a
m a
v
1246, AND E. PUCHALSKY SURVEY,'ABSTRACT N0. 9H6
DN, DENTON COUNTY, ,TEXAS
0.2200 ACRE'
--------� .
�`
�
I .
\
�
�
Dralnage Bos1n Easement � ' Y SURVEY P'-996
Instrument No. 20�4-2786 I p�CHA�S� '
Deed Recorde, Denton Covnty, Texas I �•
N69'78'49"E 22.88' I
N00'41'ii"w 20.00'' �
I.
S89"18'49"W 12.88' I
I
. i o' �
I .
� N I State of Texas
3 for the bene�t of North Texas
o � State Teachers College
r � Volume 291, Page 82
' � a0 � Deed Records, Denton County, Texos
8 w �
.
9,584 SQUARE FEET � "I
VARIABLE WIDTH d'
TRACT OF LAND �°o� . I
� ,
N89'18'49"E 37.41' � .
I
N00'41'11"W 20.�0'-► I
S89'18'49"W 37.41' � I �
. I
m� �
n �
. Mg I�..� . .
Z
�QjE: 5/8" CAPPED IRON ROD STAMPED "JQ ENG" SET AT EACH CORNER AND
POINT OF IN7ER5ECTION OF THE 9,584 SQUARE FOOT TRACT OF LAND.
NOTE: ALL BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM, N.A.D. 83 TEXAS NORTH CENTRAL ZONE 4202. ALL
DlSTANCES SHOWN ARE SURFACE AND MAY BE CONVERTED.TO GRID
. BY DIVIDING BY TxDOT CONVERSION FACTOR OF 1.000150630. '
1 Zol
GRAPHIC SCALE �� �� (
JASTER—QUINTANILLA DALLAS, LLP 0 100 200
CONSULTING • ENGINEERS
2705' COMMERCE e SUI7E 700 � DALVS, nc �s2ot ( W FEET )
z�4 isz-eoes F�z.zi4 �sz-aeoo
PREPARED Bl': D.R.M. i inch = 100 ft.
CHECKED BY: C.M. � •
DATE: JULY, 2011 JOB NO.: 410�683.01 PAGE 4 OF 4
7 0' I �
MATCH LINE
PREPARED FROM PUBLJC RECORDS
m
H
m
_
W
' ���tti�. �� �; � � 1 I i � � ��i� � � �'�� i I � � ��� ,_�I �--= , �- _.- � _ � ..�- . ��I
� �
� � � ' � � � { ; � � � � � � � � �� � � � � ' � � _ � '�� � �� � ,�
I i i
ti � � i I � i i-- � ��
� � � ,�,�� � ; � I.__ i ' I _�.. -, , , �
�--��
_T- �
,
�
(, �
�7. _f � �, i , � ' 1 � i �--� � ,i I — -- — ; +
;� � ,
� � i - _ _ __ _ 1-----L�
.` �
� _ t I � � ---- � -,� -r r i t � � � �� � f.�. � ,
- f ' .
- � ,
- _i� � ,.' I f . ; , I � ` . ' �� � I i � � � - ' --^-J— --- --- -� --- - -- -- �
�'i � I i
� �, , ,, �, ������. ,
_� , � '� �, , i i i i i q 1 ', ;
_ i _� � � h ! � 1` .�" i �i � � � � � � � �,� � ---- �-� i � f �— �— � �
= j � � k ( ����, � � � � ; � � �i , � ; � , � , ' ; � j,' � �� i�.�.F„<«,y � i
_
. � , ,,
,
- � ,, , ,
� ��
1;
_ — -- .
, �
� .��_� _� _ _ �_ t� �
m
- ; ,
�
-_ ' �
— , � � r�`' .,.� , -� s �. 1 �---�, —�-- 1-- �
_— - .,,,a •
-- ._
-- ' -�— � ' � �' �i �,. �, /i �
i�i I- �, . . --� • �
,---
� , -
' i:
- _�
�
`, � _ -:
� �
. -t .
-,�-- ;
��
a"�
�. ?-.�
� .— . .�.—. —.—.—.—._._ •—. i -
- �'� � � � -------- - ------- � ' ----„�------ ---------- f � -
_ �f' '��� =�- -- -- ----- -�°°°-- --- -- - ------- - - -=•- - _
. ;-_ _ _�c� - ---�_---- - - ------------ ---�- -
� .% � i `�'T�l% �-_ --° -- ' ' _-__ °�mn� r '_ '_'° -- `-'— --- ' - - -- r-^� -- - - - I• � -
i 1
---�� � . � y� -T°- , �� � I i `' �i
1, _ .' ND � ,-.mm �1 � , N7N[
l ; � �q^` R61NE p \ TURB�
i a K '� �
I � ' >de. 001 . T#iR8 NE r."vmr � 4 00=
1- � � �_' __�_ _'_'�._�'. _ __ "� .:_�i102 __. ��_ ._.__'_' ' '"""'
jI � % q : ���\�.
/ � f � � .. �. .. .. ',. .. .
, ,� lJ :
,
� .. - -
. � . ..� --"- s"3"_'i,nv�sRd_ sr . .._ _- ' °' ' » _- ,. - .. - � -... - _,. -- ' . -- �,.�_ - - . .� -
. o. . ,-
_ ,�_ � —�-. ",-�__a���R— - .._..__..��.., . __
---T�.e.s��- - -----'--
'_ '_ _ ..� . _ ___ ._ � _ .a¢as . _ . . ., _ —
. w�'^.^ � __t�a _._ •-_-- •. . _ . _�_ _� _ � kg�' �-t..'3 = -F-�,-,
.. � -' , ---- — --�- ���:�}��` `v��y �i i� ��;'I� i�.�ji
- ' . � �
,. .` � M1J
. . . \��. j' - �� I � �� I I'� __, � � ��rr� G irl ! i �+�-. ! '..l � �1�( � ,� i
}I'I
_ - . _ - ----i� � � � . �.`,. � ' f� ,•-^ -` 1«`-- � - .- -
� y
`�� ,�` �� �_� _�� _j��^, �� f r ` },-
� -- : ,
A
— - -�-= - �
—. i �`__,_ _� ' I ' '
---� — -- — --- _-
--- -- • �.
- - -- ---- ,
, _ ^ f. `
-- --,
v . __��
(I: -- — -- � � i, .
• - .� �
-- --- ----------- - ----------- !, , I�� ��I
- � ; � ` ; = --
� �� :
!E � '
I � �� � � ��
7 I � _
I � 'I� � � --�_
�.- -
--_°� �. _ , .�- .� _ _.
s "sa,v�rE a'.uE s� _ — - - -
� �.ctr-- -----
'E_ •�' . � "— -S � -�-
I ry�� it �� I f j�,��� � _L'
� � � . .I � ��, �r
I' ! ' _ vi{
� -\, , f � � j �I I ��-- � i � .-„" ' � � I
('UL.�� .s �y � � -'_
�
,}� -- --
_Js±?l ' �
�unut
HI<S i
r.,..n ' ���, W
W .�.v �
Q
_,.._-._..,._ �
�,..�_ _
a
0
�
U
! Z
W
D
N� y
W
Z
F�
_�
�. ~
G
ZZ
LL3
oF
� 6
��
Z c�
� W
�`
,,....o�
u�u� u, m��
� u. CML
SITE PUN
Y4 C.101
Exhibit C
� � �,
� 'i ! t �• � J �1J
1�! �i ��l '- �t
..�_.' _�_:'� .. ..�:��r
l: i��rr �1frr�� r�.� i i�� c.�;`=
����...:�i_.,�I;�`` i I{• � _..;..�ry., q/ !� �'t
.- .1� �..- �- f•-iy% y ! t•.I _)
C)i:;.r.c�,cr �'li� ��o;t•�:r of� i�.l���s.
RIS[: \�IANAGGi��ICNT SCR\!ICGS
11ugL�st 15, 2011
City of Den(oii
215 �asi MeI�iiiiley Streel
Denton, Texas 76201-4229
Re; St�temcnf of Self Insur�uice.
To 1�Vl�om Tt May Coi�cern:
The University of North Texas (IINT), as a Texas state �gency, is selF insttred for Conzmercial General
Liability and �Vorlcers' C01111�E1153110ll.. COIISCC�Ll�11flj�, UNT c�iv�ot provide certifcates of insw•ance for
these covei�ages.
Tlle State of Texas aucl its agencies are ��rotccted Uy the doc�rine of sovereign inrmuuity; i�o�vever, the
Tex�s Tort Claims Act, V.T.C.A. Civil Practice �nd R.euledies Code, C�<<pter 101, Section 101.021
outlines tl�e liabiliiy of tl�e State in certain sihtatrons. The limits of. liabilit�� are 5250,000 foi• eacl�
person, SSOO,OUO for e�jcli si�igle occurrence of b�dily i��jury or de�th, aiid �I OU,000 for each sii�gle
occurrence of d�ul�ge or dest�l�c�ion of properry. Fol[o���ing rhis limitcct e�posure, LTNT and its
eanployees �re self insurcd up to the �f.orementioned limits.
�Vorlcers' Compensation coveraQe is ��rovided lhrough a self-izisur�nce progi•1i1� �dniutistered by fil�e
State Office oFRisi: Managcme�.lt (SORNI), SORM revie�t�s, �lC�)UStS, �nd l�ays �711]�IO�CC 111j11Cy cl.aims
on behalf of IJN"1' accorciing to Te��s Dep�rtment ofInsurance rules and regul�tioils.
UNT CJOCS �Lll'C118S1; Business Auloi��obile, Dicectors a�id O1'ficers/Cinplo�Jn�ent Practices Li�bilit_y, and
other selected lines of insur�ince.
If addiiional infornlatio7z is neecled, do not hesitate to cont�ci ine. UN7' �fitorneys c�tii �tns�t�er any legal
questioiis concei•nina ihe 'I'e�as Tar[ Glaims r1cc, or �ny C011ll'�1Ch1�lI or ot-hei• issue �Z�itll le��l
inll�[ications.
''iicercly,
�
Doug ��� lcl� �
Risl< A7�nager
I L ii Uniun Circic €#31.09�0 I Dcnion. Tcxas 7(?03-j01 i � TCL 9°IC).j6�? 109 I Fr1\ 9-1i1.iC�.�191 N( TTY 9•�0.369.SG5? I rms.unr.cdu