2012-044s:\legallour documentslordinances\121chp-edd in airport ind area.docx
o�rNaNCE No. 2012-044
AN ORDINANCE CREATING A COMBINED HEAT AND POWER ECONOMIC
DEVELOPMENT DISTRICT (CHP-EDD) 1N THE AIRPORT INDUSTRIAL AREA OF
DENTON, TEXAS; DESIGNATING AND DESCRIBING THE BOUNDARIES OF SUCH
DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas desires to create the proper
economic environment to induce the investment of private resources in productive business
enterprises in the City of Denton and to provide employment to residents of the City; and
WHEREAS, Combined Heat and Power (CHP) facilities are cogeneration plants,
generating electricity, chilled water and steam, and are highly suited to service industrial
customers in a targeted and limited area of potential growth in the City of Denton where there is
a need for reliable, efficient and clean power and thermal energy; and
WHEREAS, natural gas is used to power CHP generation facilities and is another energy
commodity which supports the energy needs of industry; and
WHEREAS, CHP facilities offer the added benefit of reduction of the emission of
greenhouse gases, a critical goal in areas of air quality non-attainment such as in north Texas;
and
WHEREAS, CHP plants require less fuel to produce a given energy output, while also
avoiding transmission and distribution losses that occur when electricity travels long distances
over power lines; and
WHEREAS, CHP plants are designed to provide alternative high-quality electricity and
thermal energy to a customer site regardless of interruptions on the power grid, decreasing the
impact of power outages, providing stability during times of critical high load, and improving
power quality for sensitive equipment; and
WHEREAS, in its 82"d Legislative Session the Texas Legislature has enacted Local
Government Code, Sec. 552.913 which allows a home-rule city, such as the City, to buy, own,
construct, ma.intain, and operate a CHP system with related infrastructure, and to sell energy
commodities from such system or infrastructure, including electricity, chilled water, steam or gas
in a Combined Heating and Power Economic Development District (CHP-EDD), so designated
and defined by the governing body of the municipality, at a distance of no greater than three (3)
miles from the CHP plant, but which boundaries of the district may not cross any interstate or
federal highways, and said district is wholly within the corporate limits of the City, and provided
that any sale of gas will only be to industrial customers, and further that upon any sale of gas, the
City will be assessed substantially the same fees as those paid to the city by non-municipally
owned gas utilities for their occupation of municipal rights-of-way; and
WHEREAS, the City of Denton has identified an area near the existing Airport Industrial
Park which meets all the criteria of Local Government Code, Sec. 552.913; and
s:Uegallour documents\ordinances\12\chp-edd in airport ind area.docx
WHEREAS, the City Council of the City of Denton, Texas, (the "City"), desires to
promote development near the City of Denton Airport by the creation of a CHP-EDD to foster
economic development in the City by facilitating the provision of economical and reliable power
to industry and business; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS:
SECTION 1. The facts and recitations contained in the above preamble are hereby found
and declared to be true and correct and are incorporated in this ordinance.
SECTION 2. The City hereby creates a"Combined Heating and Power Economic
Development District" (CHP-EDD) over the area described in Exhibit "A", attached hereto and
as depicted in the map attached hereto as Exhibit "B".
SECTION 3. The term "industrial customers" as used herein means any customers
located within the CHP-EDD engaged in industrial use activities related to the manufacture,
warehousing, shipping, production or storage of products to be transported elsewhere for retail
sale, including, but not limited to, associated Airport uses, uses that have a North American
Industry Classification System Code as of February 2012, of 31, 32, 33, and those uses in Code
22 relating to electric generation, steam, and air-conditioning supply.
SECTION 4. The City of Denton's Economic Development Director and the Economic
Development Partnership Board, in consultation with Denton Municipal Electric, are hereby
assigned the task of creating Guidelines for Incentives within the CHP-EDD, to include
recommendations: as to the types of businesses best suited for recruitment to the District,
emphasizing businesses which are industrial in nature and high users of the energy commodities
to be made available; as to the economic development incentives to be made available to the
recruited businesses, including incentives related to the unique energy commodities of the
District; and any other incentives which, in the opinion of the Economic Development Director
and the Economic Development Partnership Board, will assure the timely development of this
unique area and which will maximize the City of Denton's opportunities within the District in
recognition of the limited size of its footprint. These Guidelines for Incentives shall be presented
to the City Council for approval in a timely manner, but no later than July 1, 2012. Nothing
herein shall be interpreted to otherwise limit development within the district.
SECTION 5. The District shall be created immediately upon passage of this ordinance.
SECTION 6. If any section, paragraph, clause or provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 7. This Ordinance shall become effective immediately upon its passage and
approval.
Page 2
s:llegallour documentslordinances\12\chp-edd in airport ind area.docx
PASSED AND APPROVED this the r�%� da
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPR(�VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
. �
BY: un�. � � �-� l�-� � c . �
Page 3
EXHIBIT "A"
Combined Heat and Power Economic Development District Tract
All those certain lots, tracts or parcels of land lying and being situated in the City and County of Denton,
State of Texas, and being situated in all or portions of the following abstract survey tracts: S. Huizar
Survey, Abstract No. 514, T. Eagan Survey, Abstract No. 406, MEP & PRR Co. Survey, Abstract No. 1470,
W. Bryan Survey, Abstract No. 148, E. Orr Survey, Abstract No. 983, BBB & CRR Co. Survey, Abstract No.
192, G. Barb Survey, Abstract No. 208, T& P RR Survey, Abstract No. 1302, A. Myers Survey, Abstract No.
1699, A. Miller Survey, Abstract No. 887, G. Meyers Survey, Abstract No. 843, J. Perry Survey, Abstract
No. 1040, E. Puchalski Survey, Abstract No. 996, J. Scott Survey, Abstract IVo. 1222, J. Bacon Survey,
Abstract No. 1541, W. Wilburn Survey, Abstract No. 1419, M. Davis Survey, Abstract No. 377, E. Egan
Survey, Abstract No. 412, I. McCormick Survey, Abstract No. 955, E.E. Mays Survey, Abstract IVo. 844, T.
Toby Survey, Abstract No. 1285, J, Davis Survey, Abstract No. 326, J. Wright Survey, Abstract No. 1365,
D. Davis Survey, Abstract No. 356, S. Wright Survey, Abstract No. 1366, W. Neill Survey, Abstract No.
970, W. Smith Survey, Abstract No. 1188, C. Chowning Survey, Abstract No. 266, O. Brewster Survey,
Abstract No. 56, A. Madden Survey, Abstract No. 851, J. A. Burn Survey, Abstract No. 132, T. Carruth
Survey, Abstract No. 1707, T& P RR Survey, Abstract No. 1292, J. Hardin Survey, Abstract No. 1656, D.
Dougherty Survey, Abstract No. 357, J. McDonald Survey, Abstract No. 873, J. Bacon Survey, Abstract No.
1540, J. Dalton Survey, Abstract No. 353, I. Hembrie Survey, Abstract No. 594, J. Kjellberg Survey,
Abstract No. 1610, Wm. Sajvis Survey, Abstract No. 1174, S. Pritchett Survey, Abstract No. 1004, C.
Byerly Survey, Abstract No. 1458, B.B.B. & C.R.R. Co, Survey, Abstract No. 176, G. West Survey, Abstract
No. 1393, S. Pritchett Survey, Abstract No. 1021 and the M. Paine Survey, Abstract No. 1036; and being
more particularly described as follows:
BEGINNING at the southwest corner of the intersection of Interstate Highway 35 and U.S. Highway 380
and being the most westerly corner of Lot 1, Block 1, of the QT 912 Addition, being recorded under
County Clerk's File Document No. 2011-31, Plat Records, Denton County, Texas;
Thence South 45 Degrees 47 Minutes 56 Seconds East, along the west line of Interstate Highway 35 a
distance of 156.54 feet to a point for a corner;
Thence with the west lines of Interstate Highway 35 the following forty six bearings and distances:
1. South 42 Degrees 26 Minutes 11 Seconds East, a distance of 366.66 feet;
2. South 25 Degrees 29 Minutes West, a distance of 608.3 feet;
3. South 16 Degrees 01 Minutes East, a distance of 2,825.6 feet;
4. South 40 Degrees 12 Minutes 46 Seconds West, a distance of 38.52 feet;
5. South 53 Degrees 43 Minutes 40 Seconds East, a distance of 52.43 feet;
6. South 16 Degrees 01 Minutes East, a distance of 918 feet;
7. Curve to Left with an Arc Length of 1,670 feet with a chord bearing South 26 Degrees 00
Minutes 01 Seconds East, a distance of 1,661.25 feet;
8. South 32 Degrees 36 Minutes 00 Seconds East, a distance of 597.14 feet;
9. South 29 Degrees 42 Minutes 04 Seconds West, a distance of 46.48 feet;
10. Southeasterly crossing Prairie Street a distance of 87.72 feet;
11. South 87 Degrees 59 Minutes 36 Seconds West, a distance of 30.0 feet;
Page 1 of 5
EXH I BIT "A"
12. South 03 Degrees 45 Minutes 16 Seconds East, a distance of 644.27 feet;
13. South 16 Degrees 10 Minutes 29 Seconds East, a distance of 1,015.58 feet;
14. South 04 Degrees 41 Minutes 19 Seconds West, a distance of 380.05 feet;
15. South 68 Degrees 07 Minutes 33 Seconds West, a distance of 1,004.16 feet;
16. South 88 Degrees 28 Minutes 48 Seconds East, a distance of 593.29 feet;
17. East a distance 235 feet;
18. South crossing FM 1515, a distance of 90 feet;
19. South 60 Degrees 04 Minutes 12 Seconds East, a distance of 75.81 feet;
20. South 19 Degrees 03 Minutes 27 Seconds East, a distance of 310 feet;
21. South 01 Degrees 41 Minutes 33 Seconds West, a distance of 207 feet;
22. South 16 Degrees 16 Minutes 33 Seconds West, a distance of 1,255.77 feet;
23. South 20 Degrees 50 Minutes 12 Seconds West, a distance of 2,660.40 feet;
24. South 89 Degrees 23 Minutes 20 Seconds West, a distance of 107.75 feet;
25. South 00 Degrees 36 Minutes 40 Seconds East, a distance of 178,14 feet;
26. North 89 Degrees 23 Minutes 20 Seconds East, a distance of 70 feet;
27. South 23 Degrees 42 Minutes 32 Seconds West, a distance of 199.58 feet;
28. Curve to the Right with an arc Length of 585.62 and a chord bearing of South 23 Degrees 50
Minutes 56 Seconds West, a distance of 585.35 feet;
29. South 26 Degrees 51 Minutes 40 Seconds West, a distance of 358.22 feet;
30. South 31 Degrees 09 Minutes 00 Seconds West, a distance of 200.56 feet;
31. South 26 Degrees 51 Minutes 40 Seconds West, a distance of 602.20 feet;
32. South 85 Degrees 58 Minutes 20 Seconds West, a distance of 307 feet;
33. South 57 Degrees 32 Minutes 51 Seconds West, a distance of 62 feet;
34. South 00 Degrees 55 Minutes 00 Seconds East a distance of 32 feet;
35. South 33 Degrees 20 Minutes 32 Seconds East, a distance of 318.16 feet;
36. South 26 Degrees 51 Minutes 40 Seconds West, a distance of 4,900 feet;
37. South 36 Degrees 47 Minutes 14 Seconds West, a distance of 406.08 feet;
38. South 26 Degrees 51 Minutes 40 Seconds West, a distance of 426 feet;
39. North 63 Degrees 08 Minutes 20 Seconds West, a distance of 490 feet;
40. South 26 Degrees 51 Minutes 40 Seconds West, a distance of 100 feet;
41. South 39 Degrees 17 Minutes 18 Seconds East, a distance of 207.74 feet;
42. South 05 Degrees 19 Minutes 14 Seconds West, a distance of 204.27 feet;
43. South 26 Degrees 51 Minutes 40 Seconds West, a distance of 400 feet;
44. South 28 Degrees 32 Minutes 48 Seconds East, a distance of 352.28 feet;
45. South 26 Degrees 51 Minutes 40 Seconds West, a distance of 855.43 feet;
46. South 26 Degrees 51 Minutes 40 Seconds West, a distance of 1,031.33 feet;
Thence South 26 Degrees 51 Minutes 40 Seconds West, along the west line of said Interstate Highway
35 a distance of 1,031.33 feet to a point for a corner on the west line of said Interstate Highway 35 and
said point also being the beginning of a curve to the right having a radius of 15,840 feet;
Thence with said curve to the right an arc distance of 17,933.63 feet, said curve has a chord bearing and
distance of North 51 Degrees 21 Minutes 36 Seconds West, 16,991.05 feet to a point for a corner and
said point lying on the existing Denton city limits established by Ordinance 2006-205;
Page 2 of 5
EXHIBIT "A"
Thence North 00 Degrees 32 Minutes 15 Seconds East, along said city limits line a distance of 1,941.14
feet to a point for a corner, said point lying on the intersecting centerlines of Tom Cole Road and C, Wolf
Road;
Thence North across Tom Cole Road a distance of 25 feet to a point for a corner, said point lying on the
north right-of-way line of Tom Cole Road;
Thence West along the north right-of-way line of Tom Cole Road a distance of 500.00 feet to a point for
a corner, said point being the intersection of the east right-of-way line of C. Wolf Road and the North
right-of-way line of Tom Cole Road;
Thence in a Northerly direction, along course and distances of the implied east right-of-way line of C.
Wolf Road a distance of 4,340.63 feet to a point for a corner and said point also being the beginning of a
curve to the right having a radius of 15,840 feet;
Thence with said curve to the right an arc distance of 7,744.15 feet, said curve having a chord bearing
and distance of North 18 degrees 04 minutes 28 seconds East, 7,666.93 feet, to a point for a corner on
the south right-of-way line of U.S. Highway 380;
Thence with and along the south right-of-way line of U.S. Highway 380 the following sixty one bearings
and distances:
1. South 84 Degrees 16 Minutes 31 Seconds East, a distance of 585.53 feet;
2. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 751.92 feet;
3. South 78 Degrees 27 Minutes 45 Seconds East, a distance of 152.07 feet;
4. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 251.10 feet;
5, South 87 Degrees 55 Minutes 32 Seconds East, a distance of 348.90 feet;
6. North 78 Degrees 02 Minutes 17 Seconds East, a distance of 103.08 feet;
7. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 220.22 feet;
8. South 87 Degrees 55 Minutes 32 5econds East, a distance of 79.78 feet;
9. South 72 Degrees 40 Minutes 15 Seconds East, a distance of 106.26 feet;
10. South 72 Degrees 40 Minutes 15 Seconds East, a distance of 121.77 feet;
11. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 150.40 feet;
12. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 279.60 feet;
13. North 75 Degrees 22 Minutes 28 Seconds East, a distance of 52.20 feet;
14. South 87 Degrees 55 Minutes 31 Seconds East, a distance of 605.27 feet;
15. North 85 Degrees 39 Minutes 21 Seconds East, a distance of 150.86 feet;
16. North 85 Degrees 39 Minutes 21 Seconds East, a distance of 45.10 feet;
17. South 87 Degrees 55 Minutes 31 Seconds East, a distance of 148 feet;
18. North 79 Degrees 19 Minutes 02 Seconds East, a distance of 104.58 feet;
19. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 150 feet;
20. South 79 Degrees 23 Minutes 41 Seconds East, a distance of 101.12 feet;
21. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 200 feet;
22. North 83 Degrees 32 Minutes 38 Seconds East, a distance of 101.12 feet;
23. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 807.82
24. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 51.13 feet;
Page 3 of 5
EXH I B IT "A"
25. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 60.13 feet;
26. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 332.81 feet;
27. South 80 Degrees 10 Minutes 46 Seconds East, a distance of 250.40 feet;
28. South 87 Degrees 55 Minutes 46 Seconds East, a distance of 1,201.54 feet;
29. South 87 Degrees 55 Minutes 46 Seconds East, a distance of 50.36 feet;
30. North 78 Degrees 45 Minutes 36 Seconds East, a distance of 102.76 feet;
31. South 87 Degrees 55 Minutes 31 Seconds East, a distance of 259.46 feet;
32, South 42 Degrees 48 Minutes 43 Seconds East, a distance of 84.30 feet to the point of
intersection of the west right-of-way line of Masch Branch Road and the south right-of-way line
of U.S. Highway 380;
33, East, across Masch Branch Road a distance of 60 feet;
34. fVorth 46 Degrees 30 Minutes 19 Seconds East a distance of 79.82 feet;
35. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 618.58 feet;
36. North 89 Degrees 12 Minutes 37 Seconds East, a distance of 83.99 feet;
37. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 302.71 feet;
38. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 132.15 feet;
39. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 183.59 feet;
40. 5outh 76 Degrees 36 Minutes 58 Seconds East, a distance of 101.99 feet;
41. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 588.59 feet;
42. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 176.54 feet;
43. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 284.87 feet;
44. South 85 Degrees 03 Minutes 46 Seconds East, a distance of 100.13 feet;
45. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 107.84 feet;
46. South 44 Degrees 07 Minutes 45 Seconds East, a distance of 12.40 feet to the point of
intersection of the west right-of-way line of Western Boulevard and the south right-of-way line
of U.S. Highway 380;
47. East, across Western Boulevard a distance of 135 feet;
48. North 45 Degrees 52 Minutes 15 Seconds East, a distance of 11.88 feet;
49. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 800.58 feet;
50. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 245.39 feet;
51. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 743.91 feet;
52. South 76 Degrees 36 Minutes 57 Seconds East, a distance of 50.99 feet;
53. South 87 Degrees 55 Minutes 32 Seconds East, a distance of 337.93 feet;
54. North 73 Degrees 14 Minutes 04 Seconds East, a distance of 67,24 feet;
55. South 89 Degrees 03 Minutes 14 Seconds East, a distance of 100 feet;
56. South 72 Degrees 21 Minutes 14 Seconds East, a distance of 104.40 feet;
57. South 89 Degrees 03 Minutes 14 Seconds East, a distance of 116.36 feet;
58. South 89 Degrees 03 Minutes 14 Seconds East, a distance of 133.64 feet;
59. North 82 Degrees 24 Minutes 55 Seconds East, a distance of 202.24 feet;
60. South 89 Degrees 03 Minutes 17 Seconds East, a distance of 80 feet;
61. South 62 Degrees 29 Minutes 18 Seconds East, a distance of 97.13 feet;
Thence South 89 Degrees 03 Minutes 14 Seconds East, continuing along the south right-of-way line of
U.S. Highway 380 a distance of 140 feet to a point for a corner and being the northwest corner of said
Lot 1, Block 1 QT 912 Addition;
Page 4 of 5
EXHIBIT "A"
Thence North 64 Degrees 58 Minutes 35 Seconds East, along the South line of U.S. Highway 380 and
North line of said Lot 1, Blocl< 1 QT Addition a distance of 88.28 feet to a point for a corner;
Thence South 88 Degrees 04 Minutes 15 Seconds East, along the South line of U.S. Highway 380 and
North line of said Lot 1, Block 1 QT Addition a distance of 142.63 feet to a point for a corner;
Thence South 71 Degrees 41 Minutes 15 Seconds East, along the South line of U.S. Highway 380 and
North line of said Lot 1, Block 1 QT Addition a distance of 163.31 feet to a point for a corner;
Thence South 45 Degrees 25 Minutes 20 Seconds East, along the South line of U.S. Highway 380 and
IVorth line of said Lot 1, Block 1 QT Addition a distance of 148.34 feet to the POINT OF BEGINNING and
containing in all approximately 8,533 acres of land, more or less.
SAVE AND EXCEPT from the above described 8,533 acre tract all those tracts that were specifically
Saved and Excepted from City of Denton annexation ordinances 2010-117, 2010-121, 2010-122 and
2010-123, those Save and Except tracts described therein being subject to certain non-annexation
agreements and are not presently situated within the municipal boundaries of the City of Denton, Texas.
Page 5 of 5
EXHIBIT "B"
Combined Heating and Power Economic Development District
(CHP-EDD)
�- Combined Heating and Power Plant Location
EASEMENT PURCHASE AGREEMENT
AGREEMENT dated � 2011 between DOROTHY NELL
v
COOK aka DOROTHY NELL McDUFF ("OWNER"), and the City of Denton, Texas
("CITY")
WITNES SETH:
WHEREAS, Dorothy Nell Cook aka Dorothy Nell McDuff, is the owner of a tract of
land being described in that certain Warranty Deed recorded as Volume 982, Page 29
Real Property Records, Denton County, Texas, being affected by the public improvement
project called the Combined Heat and Power Tri-generation Plant ("PROJECT"); and
WHEREAS, CITY is in need of certain easements in, along, over, upon, under and
across the tract of land described above related to the PROJECT; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and
conditions associated with the purchase of the necessary easements for the PROJECT;
NOW, THEREFORE, for Ten and No/Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
1. At Closing, the OWNER shall grant, execute, and deliver to the CITY (i) an
easement in, along, over, upon, under and across the tract of land being described in
Exhibit "A" and E�ibit "B", respectively (the "Utility Easement Lands") to that
certain Utility Easement attached hereto as "Attachment 1" and made a part hereof,
for the purposes more particularly described therein (the "Utility Easement"); and (ii)
1
an easement in, along, over, upon, under and across the tract of land being described
in Exhibit "A" and E�ibit `B", respectively (the "Temporary Easement Lands") to
that certain Temporary Construction, Grading and Access Easement attached hereto
as "Attachment 2" and made part hereof, for temporary construction, access and
grading purposes, as more particularly set forth therein (the "Temporary
Construction, Grading and Access Easement"). (The Utility Easement Lands and the
Temporary Easement Lands are collectively referred to herein as the "Easement
Lands"). The Utility Easement shall be in the form as attached hereto and
incorporated herein as "Attachment 1" and the Temporary Construction, Grading and
Access Easement sha11 be in the form as attached hereto and incorporated herein as
"Attachment 2" (ihe Utility Easement and the Temporary Construction, Grading and
Access Easement are collectively referred to herein as the "Easements").
2. As consideration for the granting of the Easements, the CITY sha11 pay to OWNER
at Closing the sum of Twenty Five Thousand and no/100 Dollars ($25,000.00) as
compensation for the Easements. The total monetary compensation prescribed in this
Section 2 is herein referred to as the "Total Monetary Compensation".
3. OWNER stipulates that the Total Monetary Compensation payment and the
performance of the activities prescribed in Sections 4, 5 and 6, below, constitute and
include all compensation and consideration due OWNER by CITY related to the
PROJECT, including without limitation, any damage to or diminution in the value of
the remainder of OWNER's property, any payments due for or related to
2
improvements located within the Easement Lands, costs of repair and/or relocation of
any improvements on the Easement Lands and any damage to the improvements or
any other property interests of OWNER on the Easement Lands or on any other
property of OWNER affected by the PROJECT, interference with OWNER activities
caused by or related to the PROJECT or activities related to the Easements, whether
accruing now or hereafter, and OWNER hereby releases for herself, her heirs,
successors and assigns, CITY, its o�cers, employees, elected officials and agents
from and against any and all claims OWNER, her heirs, successors and assigns, may
have now or in the future, related to the herein described matters, events and/or
damages.
4. CITY, its employees, agents and contractors shall remove and dispose of all
constxuction materials, excepting the Temporary Fence, as defined below, and
construction waste products located on the Easement Lands, upon completion of the
PROJECT.
5. CITY, its employees, agents and contractors shall remove the existing fence along the
OWNER's south property line and completely clear all trees, debris and shrubs
located in the fence line prior to the start of construction of the PROJECT. CITY, its
employees, agents, and contractors shall retain the gate, cattle guard, and two bollards
located immediately adj acent to the gate on either side, from the existing fence and
store these items on OWNER's property at a location agreed to between the parties at
the time of removal of the existing fence. Six (6) weeks prior to the removal of the
3
existing fence and construction of the PROJECT, CITY, its employees, agents and
contractors shall temporarily replace the existing fence by installing a chain link
temporary construction fence, approximately six feet (6') in height (the "Temporary
Fence"), in the location roughly depicted on "Attachment 3", attached hereto and
made a part hereof. The Temporary Fence shall connect to the existing fence lines on
both the east and west sides of OWNER's property. The Temporary Fence sha11
contain a gate across OWNER's existing driveway, at the location roughly depicted
on "Attachment 3", and said gate shall remain locked at a11 times during construction
of the PROJECT, other than times OWNER shall choose to leave such gate unlocked,
including, without limitation, times OWNER is utilizing the gate for ingress and
egress to and from OWNER's property. The Temporary Fence sha11 remain in place
for ninety (90) days after the completion of the PROJECT to allow OWNER, at
OWNER's sole cost and expense, to construct a new permanent fence ("Permanent
Fence") on the property line or in the location as determined by OWNER. At the
expiration of said ninety (90) day period, CITY shall remove the Temporary Fence
from OWNER's real property. The Permanent Fence will be installed by OWNER at
OWNER's sole cost and expense and in OWNER's sole and absolute discretion, and
shall be owned at all times by OWNER. CITY, its employees, agents and contractors
shall have no responsibility, liability or association of any kind or character related to
the Permanent Fence and/or the components or installation of same. OWNER hereby
releases for herself, her heirs, successors and assigns, CITY, its officers, employees,
elected officials, and agents from and against any and all claims OWNER, her heirs,
successors and assigns may have, now or in the future, related to the Permanent Fence
4
or operation thereof, including, without limitation, the construction, integrity and
components thereof.
6. CITY, its employees, agents and contractors shall utilize the construction method of
double ditching, which will require the topsoil to be removed from the pipeline trench
and stored separately from the subsoil. Upon completion of the PROJECT, the top
soil vcrill be placed on the surface above the subsoil when the trench is filled. Further,
upon completion of the PROJECT, City, its employees, agents and contractors shall
remove any rocks or debris on the Easement Lands greater than six inches (6") in
diameter, from the surface of the earth on the Utility Easement Lands, to a depth of
eight inches (8") below the surface of the earth on the Utility Easement Lands, and
dispose of said material off OWNER's real property.
7. The Closing (herein so called) shall occur in and through the office of Title
Resources, 1112 Dallas Drive, Suite 402, Denton, Texas 76205 ("Title Company"),
with said Title Company acting as escrow agent, on the date which is thirty (30) days
after the Effective Date, unless the OWNER and the CITY mutually agree, in writing,
to an earlier or later daie ("Closing Date"). The OWNER shall convey the Easements
to CITY at Closing free and clear of all debts, liens and encuxnbrances. The OWNER
shall assist and support satisfaction of all closing requirements in relation to
solicitation of release or subordination of liens and encurnbrances and other curative
efforts afFecting the Easements, if necessary in the discretion of the CITY.
5
8. The stipulated Tota1 Monetary Compensation amount shall be paid by the CITY at
Closing to the OWNER through the Title Company. All other typical customary and
standard closing costs associated with this transaction shall be paid specifically by the
CITY, except for OWNER's attorney's fees, if any.
9. The date on which this AGREEMENT is executed by the last to sign of the parties
shall be the "Effective Date" of this AGREEMENT.
lO.In the event OWNER shall default in the performance of any covenant or term
provided herein, and such default shall be continuing after ten (10) days written
notice by CITY to OWNER at:
4488 Airport Road
Denton, Texas 76207-3925
and opporiuriity to cure of OWNER, CITY may exercise any right or remedy
available to it by law, contract, equity or otherwise, including without limitation, the
remedy of specific performance or ternunation of this Agreement, by providing notice
of same to .OWNER, at the election of CITY.
11. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO
THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS
PERFORM�BLE 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION
0
ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF
COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS.
12. From a.nd after the date of execution of this Agreement by OWNER to the date of
Closing, OWNER shall not (i) convey or lease any interest in the Easement Lands; or
(ii) enter into any agreement that will be binding upon the Easernent Lands or upon
the OWNER with respect to the Easement Lands after the date of Closing.
13. OWNER represents and warrants to CITY that it has taken a11 actions necessary to
authorize the party executing this Agreement for and on behalf of OWNER to bind, in
a11 respects, OWNER to all terms and provisions of this Agreement, that such person
possesses the authority to execute this Agreement and bind OWNER hereto, and that
this Agreement is binding and enforceable upon OWNER in accordance with the
terms hereof.
14. This AGREEMENT constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the parties
with respect to the subject matter of this Agreement.
15. The representations, warranties, agreements and covenants contained herein shall
survive the Closing.
7
CITY OF DENTON, TEXAS
By ��
GEORGE C. CAMPBELL
CITY MANAGER
Date: f �, 2011
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Z�- %� 2 �7Z ���
J
Date: " �1•-� �� , 2011
U Q
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: `—�' �
Date: � �y v� , 2011
0
OWNER:
By: ��,I�-� � �
Dorothy Nell C k aka Dorothy Nell McDuff
Date: ' C� % , 2011
f
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed
copy of this Agreement. Title Company agrees to comply with, and be bound by, the
terms and provisions of this Agreement and to perform its duties pursuant to the
provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue
Code of 1986, as amended from time to tirne, and as fixrther set forth in any regulations or
forms promulgated thereunder.
TITLE COMPANY:
Title Resources
Attn: Virginia Kubiak
1112 Dallas Drive, Suite 402
Denton, Texas 76205
Telephone: (940) 898-0121
Telecopy: (940) 391-6505
:
Printed Name:
Title:
Contract receipt date: , 2011
�
ATTACHIVVI�NT 1
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.
THE STATE OF TEXAS,
COUNTY OF DENTON
r,
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT, Dorothy Nell Cook aka Dorothy Nell McDuff ("GRANTOR"), for and in
consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in
hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in
Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201
("GRANTEE") has granted, sold, and conveyed and hy these presents does grant, sell and convey unto
the GRANTEE perpetual, exclusive and unobstructed easements and rights of way (collectively, the
"EASEMENT") for the purposes of erecting, operating, maintaining and servicing thereon (i} one or
more underground andlor above ground electric distribution power and/or communication lines, each
consisting of a variable number of wires and cables, along with a11 necessary, convenient or desirable
appurtenances, attachments and supporting siructures, including without limitation, foundations, guy
wires and guy anchorages, and structural components; (ii) one or more gas pipelines, along with all
necessary or desirable appurtenances, attachments and supporting structures, including without
limitation, surface mounted equipment, conduits, cathodic protection equipment and aerial markers;
and (iu) one or more thermal energy commodities pipelines, consisting of, without limitation, heated
1
and/or chilled water, compressed air and/or steam pipelines and return pipelines related to such thermal
energy commodities, and all necessary, convenient, or desirable appurtenances and supporting
structures (the matters described in paragraphs (i) through (iii), above, are collectively referred to
herein as the "FACILITIES"), in, on, over, under and across that certain real property situated in
Denton County, Texas, being a tract of land totaling approximately 0.496 acres and being more
particularly described in E�ibit "A" and illustrated in Exhibit "B" both attached hereto and
incorporated into this document by reference (the "EASEMENT PROPERTY")
GRANTEE sha11 have the right of ingress, egress and regress in, on, over, under and across the
EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve,
reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove
or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to.
time fmd necessary, convenient or desirable, along with all rights necessary or convenient for full use
and enjoyment of the above grant, including access over, across and upon the EASEMENT
PROPERTY. GR.ANTEE sha11 have the right to trim or remove trees or shrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to
prevent possible interference with the eff'iciency, safety and/or convenient operation of the
FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall
not ma.ke changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water
within, over and/or across the EASEMENT PROPERTY without prior written consent of GRANTEE.
GRANTOR, for itself and its successors and assigns, subject to the terms herein, expressly
reserves the right to occupy and use the EASEMENT PROPERTY for all other purposes that will not
interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the exercise of
GRANTEE's rights hereunder.
�
GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude a11
other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however,
the EASEMENT is nonexclusive as to GR.ANTOR'S right to use the EASEMENT PROPERTY in
accordance with the terms hereof. Upon written consent of GRANTEE, such consent to be exercised
at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under
separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as
otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require
GRANTEE to a11ow such use or gra.nt, and such use or grant shall be at the sole and absolute discretion
of GRANTEE.
GRANTEE, at GRANTEE' S sole cost and expense, shall have the right to trim or remove trees
as provided herein, together with the right to insta.11 gates in existing fences within such EASEMENT
PROPERTY. GRANTEE shall promptly remove from the EASEMENT PROPERTY tree limbs,
cuttings and other debris resulting from GRANTEE' S operations or occupancy of the EASEMENT
PROPERTY pursuant to its rights under this EASEMENT.
GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no
buildings, structures, signs, obstructions or other facilities or improvements of any kind
("UNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not
construct, and GR.ANTEE sha11 have the right to prevent the construction of, LTNPERMITTED
STRUCTURES on the EASEMENT PROPERTY and if any iJNPERMITTED STRUCTURES are
hereafter constructed or pernutted by GRANTOR to e�st within the EASEMENT PROPERTY
without prior written consent of GRANTEE, then GRANTEE sha11 have the right to rernove the same
and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal.
3
The payment of consideration herein includes any da.mage or loss to crops sustained in the
future by GRANTOR resulting from GRANTEE's construction, reconstruction, repair, replacement,
operation, maintenance or servicing, or otherwise exercising the rights granted to it hereunder, of or
related to the FACILITIES in accordance with the terms of this Easement and Right of Way.
The EASEMENT shall constitute a covenant r��nning with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEE, and their successors and assigns. The rights hereby
granted rnay not be assigned, either in whole or in part, by GRANTEE without GRANTOR's prior
written consent, which consent shall not be unreasonably withheld.
The EASEMENT is granted by GRANTOR to GRANTEE on an"AS IS" basis, and
GRANTEE expressly acknowledges that GRANTOR MAKES NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW as to the
condition or suitability of the EASEMENT PROPERTY for GRANTEE's contemplated uses as
gra.nted herein.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEIVIENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
claiming or to claim ihe same or any part hereof, by, through, or under GRANTOR, and not otherwise.
WITNESS THE EXECUTION HEREOF as the _ day of , 2011.
GRANTOR:
I:
Dorothy Nell Cook
aka Dorothy Nell McDuff
4
THE STATE OF TEXAS
COUNTY OF DENTON
�
�
ACKNOWLEDGEMENT
This instrument was acknowledged before me on , , 2011, by Dorothy
Nell Cook, aka Dorothy Nell McDuff.
Given under my hand and seal this day of , 2011.
Notary Public, State of Texas
Accepted this
(Resolution No. 91-103).
By:
Paul Williamson
Rea1 Estate Manager
day of
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Esta.te and Capital Support
901-A Texas Street, 2na Floor
Denton, Texas 76209
Attn: Paul Williamson
G
My commission expires:
2011, for the�City of Denton, Texas
rthur Surve in Ca. I nc.
Y g �
Froafessionap �.a.z�d Sa�x-�e,yyors
P.O. Box 54 �- Lewisville, Texas 75067
Office: {972) 221-9439 -�- Fax: (972) 221-4675
EI�IT A
30' EASEMENT & RIGHT-OF-WAY
0.496 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certaiu lot, tract or parcel of land situated in the Thomas Toby Survex, Abstract
Number 1285, City of Denton, Denton County, Texas, and being a part of that certa.in tract of
land described in deed to Dorothy Nell Cook, recarded in Volume 982, Page 29 of the Deed
Records of Denton County, Texas, and being more particularly described as follows:
SEGINNING at a%Z inch iron rod found at the southeast corner of said Cook tract and being in
the north line of Airport Road, also known as F.M. 1515, being a public roadway;
THENCE North 89 degrees 42 minutes 27 seconds West, with the north line of said Airport
Road, a distance of 709.13 feet to the northeast intersection of the west line of S. Masch Branch
Road and the north line of said Airport Road;
THENCE North 36 degrees 59 minutes 03 seconds West, with the west line of said S. Masch
Branch Road, a distance of 37.70 feet to a point for corner;
THENCE South 89 degrees 42 minutes 27 seconds East, over, across and through said Cook
tract, a distance of 731.82 feet to a point in the east line of said Cook tract;
THENCE South 00 degrees O1 minute 58 seconds West, with the east line of said Cook tract, a
distance of 30.00 feet to the POINT OF SEGINNING, and containing 0.496 acres of land, more
ar less.
�
c:120081cod1280869 - jim christa.l dme easementldocs11008127_esmtl cook.doc
�
NARTH
100 0 100 Feet
Bearing system based on the City of Denton GIS netwark.
LINE TABLE
LINE BEARING LENGTH
L1 N36'S9'03"W 37.70'
L2 S00'O1'58"W 30.00'
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Volume 982, Page 29 o"' ��� A'�
D.R.D.C.T. z � � � r� �
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-----------------�----------------I
------------- --
LR.F. (C.M.J
� � �� � � �� � � .� � � � (C.M.J GR,F.
—�— —�
589'42'27"E
1251. 76'
AIRP�RT ROAD
EXHIBIT B
30 ' Easemen t& Righ t-of-wa y
0.496 Acres in the
Thomas Toby Survey, Abst. No. 1285
City of Denton
Denton County, Texas
� -- 2010 --
- Jin
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F. M. 1515
ED[
� rthur Surve in Co. Inc.
� Yg �
! Professiona.l Land Surveyors
972 221-9439 -� Fa�r 972-221-4675
220 Elm Sireey Suite 200 �- P.O. Boa 54
Lewisville, Texas 75067 �
ATTACHMENT 2
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.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS,
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Dorothy Nell Cook aka Dorothy Nell McDuff ("Grantor"), of Denton County, in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration in hand paid by the City of Denton, Texas, a Texas home rule municipal
corporation, which is located in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201 ("Grantee") receipt of which is hereby acknowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the Grantee a temporary construction, grading and
access easement, in, along, over, upon, under and across the following described property
(the "Property"), and situated in Denton County, Texas, located in the Thomas Toby Survey,
Abstract No. 1285, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
AND ILLUSTRATED IN EXHIBIT "B"
BOTH ATTACHED HERETO AND MADE A PART HEREOF
For the purposes of construction and grading activities, including the free and uninterrupted
use, liberty of passage, ingress, egress and regress, at all times, in, over, along, upon, under
and across the Properly to Grantee herein and its agents, employees, contractors, workers and
representatives, for the purposes set forth herein.
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out,
may remove from the Property above described, such fences, signage, buildings and other
obstructions of any kind as may now be found upon said Property, for the purpose of
construction activities, grading activities and access in, along, upon, under and across said
Property. It is specifically stipulated by Grantor and Grantee that the scope of the access,
construction and grading activities shall further include the clearing and removal of vegetation
and trees that exist within the Property.
1
The term of this grant shall expire five hundred and forty (540) days from the date of the
"Contractor Notice to Proceed Letter", issued by the Grantee, for the Combined Heat and
Power Tri-generation Plant Project.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
WITNESS THE EXECUTION HEREOF as the _ day of
GRANTOR:
:
Dorothy Nell Cook
aka Dorothy Nell McDuff
THE STATE OF TEXAS
COUNTY OF DENTON
0
�
ACKNOWLEDGEMENT
, 2011.
This instrument was acknowledged before me on , , 2011, by Dorothy
Nell Cook, aka Dorothy Nell McDuff known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal this day of
2411.
Notary Public, State of Texas
My commission expires:
2
Accepted this day of , 2011, for the City of Denton, Texas
(Resolution No. 91-103).
By:
Paul Williamson
Rea1 Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2"d Floor
Denton, Texas 76209
Attn: Paul Williamson
3
rth�.r Surve in Co., I nc.
y�
Professio�ay �,�d Saaxve,yors
P.O. Box 54 � Lewisville, Texas 75067
Off'ice; (972) 221-9439 -�- Fax: (972) 221-4675
EI��IT A
50' TEMPORARY CONSTRUCTION EASEMENT
0.853 ACR�S
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Thomas Toby Survey, Abstract
Number 1285, City of Denton, Denton County, Texas, and being a part of that certain tract of
land described in deed to Dorothy Nell Gook, recorded in Volume 982, Page 29 of the Deed
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point in the east line of sa,id Cook traet from which a%z inch iron rod foun.d at
the southeast comer thereof bears South 00 degrees O1 mi.nute 58 seconds West, a disfance of
30.00 feet, said point being in the north line of Airport Road, also known as F.M. 1515, a public
roadway;
THENCE North 89 degrees 42 minutes 27 seconds West, over, across and through said Cook
tract, a distance of 731.82 feet to a point in the east line of S. Masch Branch Road, a public
roadway;
THENCE North 36 degrees 59 minutes 03 seconds West, with the east line of said S. Masch
Branch Road, a distance of 7.93 feet to a point for corner;
THENCE North 20 degrees 19 minutes 54 seconds West, continuing with the east line of said S.
Masch Branch Road, a distance of 46.68 feet to a point for corner;
THENCE South 89 degrees 42 minutes 27 seconds East, over, across and through said Cook
tract, .a distance of 752.84 feet to a point in the east line of said Cook tract;
TH�NCE South 00 degrees O1 minute 58 seconds West, with the east line of said Cook tract, a
distance of 50.00 feet to the POINT OF BEGINNING, and conta.ining 0.853 acres of land, more
ar less.
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100 0 100 Feet
Bearing systam based on the Ctty of Denton GIS netwark.
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Dorothy Nell Cook
Volume 982, Page 29
D.R.D.C.T.
S89'42'27'�E 752.84'
-------- --_.._
50' TEMPORARY CONSTRUCTION EASEMENT — 0.853 ACRES
----- N8��27'W 731.82r-----
PROPOSED 30' EASEMENT dc RIGHT—OF—WAY
AIRPORT ROAD � F. M. 1515
EXHIBIT B
50 � Temporary Construction Esm t.
0.853 Acres in the
Thomas Toby Survey, Abst. No. 1285
City of Denton
Denton County, Texas
� - 2010 --
0
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►.��;_.�ess �`a��;�`�
LINE TABLE
LINE BEARING LENGTH
�1 N36'S9'03"W 7.93'
�2 N20"19'S4"W 46.68'
L3 500'Ot'58"W 50.00'
L4 . S00'01 �58"W 30.00'
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972-221 9439 � Pax 972 221-4675
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Lewisville, Texas 75067 �
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