2012-183s:llegallour documents\ordinances1121wells fargo first amendment.doc
ORDINANCE NO. 2� 12" 1 S 3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT OF RIGHT-OF-WAY USE AND LICENSE
AGREEMENT, BY AND BETWEEN THE CITY OF DENTON ("CITY") AND WELLS
FARGO BANK TEXAS, N.A. ("WELLS FARGO"), AMENDING THAT CERTAIN RIGHT-
OF-WAY USE AND LICENSE AGREEMENT, BETWEEN THE CITY AND WELLS
FARGO, DATED APRIL 4, 2006, GRANTING WELLS FARGO RIGHTS TO UTILIZE
CERTAIN CITY RIGHTS-OF-WAY LOCATED GENERALLY AT THE SOUTHWEST
CORNER OF THE INTERSECTION OF EAST WALNUT STREET AND SOUTH AUSTIN
STREET, AS MORE PARTICULARLY DESCRIBED THEREIN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, effective April 4, 2006, pursuant to City of Denton Ordinance No. 2006-
083, the City granted rights to Wells Fargo to utilize certain City rights of way pursuant to that
certain Right-of-Way Use and License Agreement referenced above (the "Original Agreement");
WHEREAS, Wells Fargo now desires to expand Electric Facilities, as defined in the
Original Agreement, into additional City street right-of-way;
WHEREAS, ownership, construction, operation and maintenance of the Electric
Facilities by Wells Fargo, as secondary utilities, benefits the City by allowing the City to avoid
such activities, costs and expenses;
WHEREAS, the City Council of the City deems it to be in the best interest of the City to
enter into the First Amendment of Right-of-Way Use and License Agreement with Wells Fargo;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
First Amendment of Right-of-Way Use and License Agreement, for and on behalf of the City, in
the form as attached hereto and made a part hereof.
SECTION 2. The avoidance of costs and expenses related to the Electric Facilities, as
set forth above, constitutes full and adequate consideration for the grant of the license prescribed
herein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
_L
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: •
FIRST AMENDMENT
OF
RIGHT-OF-WAY USE AND LICENSE AGREEMENT
THIS FIRST AMENDMENT OF RIGHT-OF-WAY USE AND LICENSE
AGREEMENT (the "Amendment") is executed and effective as of the date set forth below, by
and between the City of Denton, Texas, a Texas home rule municipal corporation ("City") and
the Wells Fargo Banlc Texas, N.A., a national banlcing association ("Wells Fargo")
WHEREAS, pursuant to that certain Right-of-Way Use and License Agreement (the
"Original Agreement"), dated on or about April 4, 2006, City Ordinance No. 2006-083, the City
granted rights to Wells Fargo to utilize certain City rights of way, as described on E�ibit "A"
attached to the Original Agreement, and referred to therein and herein as the "License Area", for
installation of Electric Facilities, as further set forth and defined in the Original Agreement;
WHEREAS, Wells Fargo now desires to expand the Electric Facilities into an additional
area of City street right-of-way;
WHEREAS, the City is amenable to the expansion of such Electric Facilities and the
License Area;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
made herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby stipulated by City and Wells Fargo, City and Wells Fargo agree as follows:
1. The Original Agreement is hereby amended to add, as a pai-t of E�ibit "A"
thereto, First Amendment Exhibit "A" and First Amendment E�iibit "B", both attached hereto.
2. The License Area, for all purposes of the Original Agreement, is hereby deemed
to include, in addition to the lands described on E�ibit "A" to the Original Agreement, those
lands described on First Amendment Exhibit "A" and depicted on First Amendment Exhibit "B",
both attached hereto.
3. Except as expressly amended hereby, the terms and provisions of the Original
Agreement shall remain valid and subsisting as originally provided.
Dated effective this 21St day of August, 2412.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Y(
APP OVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � .
CITY OF DENTON, TEXAS
BY: �
Gearge C. Campbell, City Manager
WELLS FARGO BANK, N.A.
a national banlcing association
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A, a . � , �r � .
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on �� , 2012 by
George C. Campbell, City Manager of the City of Denton, Texas, behalf of such municipality.
,,,,,,,,,,
� m;:"r'u.;.,, JANE E, RICHARDSON
-�� '•^� Notary Public, State of Texas
' ' r,,; MyCommissionExpires
�'�;;����;;�� June 27, 2013
THE STATE OF TEXAS
COUNTY OF DENTON
(� � L�'C
N ary Public in and for the State of Texas
My Commission Expires: � � % /3
ACKNOWLEDGMENT
This instrument was acicnowle ed before me on ^ � , 2012 by
� ����,1 �(�[�y , ` o Wells Fargo Banlc, N.A.,
on behalf of Wells Fargo Banlc, N.A.
iA�P HOBIN FULMER
, . NOTAfRY PUBUC
STATE OF TDfAS
�iF��� MYCOMM.EXP.12/07J20t3
;xas
My Commission Expires: �
First Amendment Exhibit "A"
LEGAL DESCRIPTION
EXHBIT A
RIGHT-OF-WAY USE LICENSE AREA TRACT
BEING A 0.0064 ACRES OF L.ANQ SlTUATED IN THE WILLIAM LOVlNG SURVEY,
ABSTRACT NUMBER 759, OF DENTON COUNTY, 7EXAS. AND BEING A PORTfON OF
THRT CERTAIN RIGHT OF WAY TRACi OF LAND CALLED "TRACT C' AS DESCRIBED fN
DEED TO THE CITY OF DENTQN, RECORDED IN DOCUMENT NUMBER 2012 - 57734 OF
THE REAL PRQPERTY RECOR�S OF DENTON COUNTY, TEXAS. ALS� BEfNG A
PORTION OF BLOCK 9 OF THE ORIGINAL TOWN OF DENTON, AN ADDITION TO THE
CITY �F DENTON. SAID 0.0064 ACRES BEING MORE PARTICULARLY dESCRIBED BY
METES AND BOUNDS AS FOLLOWS;
BEGINNING at an "X" cut found lying in the south right of way line of Walnut Street
(variable width ROW) and being the northeast corner of said "Tract C", also being the most
northerly northeast corner of that remainder portion of land described in deed to Wells Farga
Bank of Texas, recorded in Document Number 2402-116835 and referenced in 1993-0080017
of said Properfy Records, from which an "X" cut found bears S 89° 48' 48" W a distance of 90,00
feet, being the northeast corner of "Tract B" of said Right of Way to the City of Dentan;
THENCE over and across Walnut Street the fallowing three courses and distances;
North 00°11'12" West, leaving the south line of said Walnut Street a distance of 11.00
feet, to a point for the northwest corner hereaf, and lying in the south line of a variable
width Right of Way Use and License Agreement as recorded in Document Number
2006-104214 of said Property Records, same being City �rdinance No. 2006-083 dated
March 21, 2006;
North 89°48'48" East, alang a south line of said agreement a distance af 15.02 feet, to a
point for the nor�heast eorner hereof;
South 00°04'23" East, leaving the south line af said agreem�nt a distance of 26.00 feet,
to a 5/8 inch capped iron rod found, stamped ACLS for the southeast corner of said
"Tract C" also being the southeast corner hereof, and lying in the �vest right of way line of
Austin Street (a variable width ROW) at this point;
THENCE Norfh 45°07'48" West, along the southeriy right of way line of said "Tract G" and
Walnut Street, a distance of 21.19 feet ta the POINT OF BEGINNING and Containing 0.0064
acres (277.60 Sq. Ft} of land more or less,
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�:"ti� .. . . '�,,� ��,
ADAM V'VHITFIEL ` -� �'�?'� ��rr
REGISTERED PROFESSIONAL. LAND SURVEYOR�`'�• °�-. ,.� ,;,, •; �,-.�;�; `�;° �7;.
TEXAS REGISTRATION NUMBER 5786 � �� - � �� "` '�
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QATE: August 06, 20� 2 '��, :; .-=•°'`
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First Amendment: �i1��lf �� % 19B ��
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WELLS FRRGO
BANK BUILOING
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W/CONCRf lE C(1R9/NG I � � �
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c'u°Tx_ ___ S 89'48'48" W-90,00' FcurX
(N 89 �l8'48" f-90.00'J - � - - � - ,�
(LINE FOR DIRECTIONAL CONTROL) POINT QF
B�GINNING
WELLS FARGO BANK TEXAS,
NAiIONAL ASSOCIATION,
CHARTEA N0, f4208
DOC N0. 02-1f6835
Re:1893-0080417
R. P. R. D, C. T.
BLOCK 9
ORIGINAL TOWN 4F OENTON
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Date: August 06, 2012
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Situated in
BLOCK 9 OF
ORIGINAL TOWN OF QENTON
City of DENTON
DENTON County, Texas
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