2013-124s:llegallour documents\ordinances\131atmos epa ordinance.doc
ORDINANCE NO. 2013-124
AN ORDINANCE AUTHORIZING THE CITY l�'IANAGER, OR HIS DESIGNEE, TO
EXECUTE AN EASEMENT PURCHASE AND ABANDONMENT AGREEMENT,
BETWEEN THE CITY OF DENTON, TEXAS ("CITY") AND ATMOS ENERGY
CORPORATION, A TEXAS AND VIRGII�IA CORPORATION ("ATMOS"),
CONTEMPLATING (I) THE ABANDONMENT OF A PORTION OF A CERTAIN PUBLIC
UTILITY EASEMENT (THE `BXISTING EASEMEI�TT") DATED ON OR ABOUT MAY 22,
1972, FROM LONE STAR GAS COMPANY TC9 THE CITY OF DENTON, TEXAS,
RECORDED 1N VOLUME 648, PAGE 138, DEED RECORDS, DENTON COUNTY, TEXAS,
ABANDONING THE EXISTING EASEMENT INS�FAR AS SAID EXISTING EASEMENT
COVERS AND ENCUMBERS THAT CERTAIN O.Q93 ACRE TR.ACT, LOCATED IN THE
HIRAM SISCO SURVEY, ABSTRACT 1184, DENTON COUNTY, TEXAS (THE
"ABANDONMENT TR.ACT"); AND (II) THE GRANT OF A SANITARY SEWER
EASEMENT AND TEMPORARY CONSTRUCTION, GRADING AND ACCESS
EASEMENT (COLLECTIVELY, THE "SEPARATE EASEMENT), FROM ATMOS TO THE
CITY, COVERING AND ENCUMBERING 0.293 ACRE, LOCATED IN THE HIRAM SISCO
SURVEY, ABSTRACT NO. 1184, ALL SAID TRACTS LOCATED GENERALLY AT THE
100 BLOCK OF NORTH BRADSHAW STREET; 1�ROVIDING FOR THE EXPENDITURE
OF FUNDS; PROVIDING A SEVERABILITY �'ROVISION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has determined that a portion of the Existing Easement will no
longer be required upon completion of the Pecan C�eelc Sanitary Sewer Interceptor Project,
Phase II (the "Project");
WHEREAS, the City is in need of the Separate Easement related to the Project, and
Atmos is amenable to granting to the City such Separate Easement, in exchange for certain
monetary consideration and the partial abandonment of the Existing Easement;
WHEREAS, the City Council of the City of Denton hereby finds that it is in the public
interest to (i) abandon the Existing Easement, INSOFAR AND ONLY INSOFAR as said
Existing Easement covers the Abandonment Tract; and (ii) the acquisition by the City of the
Separate Easement; NOW, THEREFORE,
THE CITY COUNCIL OF THE CIT� OF�.DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his design�e, is hereby authorized to execute, for and
on behalf of the City of Denton (i) the Easement Purchase and Abandonment Agreement (the
"Agreement"), by and between the City of Denton, Te_��as and Atmos Energy Corporation, in the
form as attached hereto and made a part of this ordinance as Exhibit "A"; and (ii) any other
documents necessary to close the transaction contemplated by the Agreement.
SECTION 2. The City Manager, or his cl.esignee, is hereby authorized to malce
expenditures as set forth in the Agreement.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. This Ordinance shall become ef�ective immediately upon its passage and
approval.
PASSED AND APPROVED this the �day o� �% , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ��
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
' �_
BY: �-
Page 2
MARK A�LJRROUGHS�, MAYOR
J
EASEMENT PURCHASE AND AEANDONMENT AGREEMENT
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENTS (AS DEFINED BELOW) WITH
OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS
THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT
CODE.
AGREEMENT dated ��, `,� , 2013 between Atmos Energy Corporation, a
Texas and Virginia corporation ("OWNER"), and the City of Denton, Texas ("CITY").
WIT'NES SETH:
WI�REAS, Atmos Energy Corporation, a Texas and Virginia corporation, successor in
interest to TXiJ Gas Company, successor in interest to Lone Star Gas Company, is the owner of
a tract of land described in a Warranty Deed from R. B. Neale, Sr., a widower, and R. B. Neale,
Jr., and W. M. (Bill) Neale, Independent Executors of the Estate of Pearle M. Neale, recorded in
Volume 626, Page 398, in the Deed Records of Denton County, Texas ("PROPERTY"), being
affected by the public improvement project called the Pecan Creelc Interceptor — Phase II
("PROJECT");
WIIEREAS, CITY is in need of certain easements in, along, over, upon, under and across
a portion of the PROPERTY related to the PROJECT; and
WHEREAS, the CITY is amenable, upon the terms and conditions set forth herein, to
partially abandon that certain public utility easement, dated on or about May 22, 1972, from
Lone Star Gas Company to the City of Denton, Texas, recorded in Volume 648, Page 138, Deed
Records, Denton County, Texas (the "Attnos Easement"), INSOFAR AND ONLY INSOFAR as
it covers and encumbers the tract of land described on Attachinent l, attached hereto and made a
part hereof for all purposes (the "Abandonment Tract"), in exchange for the granting of a
sanitary sewer easement and temporary construction easement to the CITY by OWNER;
WIIEREAS, OWNER and the CITY agree that the Atmos Easement, INSOFAR �ND
ONLY INSOFAR as the Atmos Easement covers and encumbers the Abandonment Tract and the
sanitary sewer easement and temporary construction easement contemplated to be acquired by
the CITY pursuant to the terms hereof are not of equal value and therefore, consideration, as
provided in this Agreement, shall be due to OWNER at Closing; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms, conditions,
abandonments and conveyances associated with the installation of sanitary sewer improvements
1
for the PROJECT, including the conveyance of easements related to same and abandonment of
the Atmos Easement, INSOFAR AND ONLY INSOFAR as the Atmos Easement covers and
encumbers the Abandonment Tract.
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 easeinent in,
along, over, upon, under and across the tract of land being described in E�ibit "A" and depicted
in Exhibit "A-1", respectively (the "Sanitary Sewer Easement Lands") to that certain Sanitary
Sewer Easement, attached hereto as Attachment 2 and a made part hereof, for sanitary sewer
purposes, as more particularly described therein (the "Sanitary Sewer Easement"); and (ii) an
easeinent in, along, over, upon, under and across the tract of land being described in Exhibit
"A" and depicted in Exhibit "A-1", respectively (the "Temporary Easement Lands") to that
certain Temporary Construction, Grading and Access Easement, attached hereto as Attachment 3
and made part hereof, for temporary construction, grading and access purposes, as more
particularly described therein (the "Temporary Construction, Grading and Access Easement")
(The Sanitary Sewer Easement Lands and the Temporary Easement Lands are collectively
referred to herein as the "Easement Lands"). The Sanitary Sewer Easement shall be in the form
as attached hereto and incorporated herein as "Attachment 2" and the Temporary Construction,
Grading and Access Easement shall be in the form as attached hereto and incorporated herein as
"Attachment 3" (the Sanitary Sewer 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 shall: (a) pay to OWNER at
Closing the sum of Two Thousand Forty Seven Dollars and No Cents ($2,047.00) as monetary
compensation for the Easements (the "Total Monetary Consideration") and (b) execute and
deliver the Abandonment and Release (the "Release") of the Atmos Easement INSOFAR AND
ONLY INSOFAR as the Atmos Easement covers and encumbers the Abandonment Tract, to
OWNER, in the form of the Release attached hereto and made a part hereof as Attachment 4.
The CITY, by and through the City Manager, or his designee, shall execute and deliver to
OWNER the Release, upon the completion, and acceptance by the CITY, of the installation of
the public improvements contemplated by the PROJECT, but in any event to be no later than
December 31, 2014. OWNER stipulates and agrees that CITY is in need of the Atmos Easement,
including INSOFAR as said Atmos Easement covers and encumbers the Abandonment Tract,
until it completes the installation of the public improvements contemplated by the PROJECT.
�
3. The CITY and OWNER shall not be required to remove the existing utilities or facilities
located within the Abandonment Tract, and all such existing utilities or facilities shall be
abandoned in place.
4. The CITY, at its sole cost and expense, shall perform, or shall cause to be performed, the
construction activities related to the sanitary sewer line within the Easement Lands (the "Work")
in a good and workmanlilce manner in conformance with sound and acceptable engineering and
construction activity practices. Further, the City shall repair any damage to the Easement Lands
as a result of City's activities within the Easement Lands.
5. OWNER stipulates that the Total Monetary Compensation, the execution and delivery of the
Release and the performance of the Work as provided in Section 4, constitutes and includes all
compensation 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 attributable to the
presence of the Easements, and any payments due for or related to improvements located within
the Easement Lands.
6. The Closing (herein so called) shall occur in and through the office of Capital Title of Texas
at 620 W. Hickory Street, Denton, Texas 76201 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER
and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date").
(a) The OWNER shall execute and deliver the Easements to Title Company at
Closing, free and clear of all debts and liens, but subject to all other matters of record.
The OWNER, at no cost to OWNER, shall assist and support satisfaction of all reasonable
closing requireinents in relation to solicitation of release or subordination of liens and
encumbrances and other curative efforts affecting the Easements, if required by the Title
Company.
(b) The CITY shall pay and deliver the Total Monetary Consideration to OWNER at
Closing 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.
(c) The CITY shall execute and deliver the Release to OWNER, within the time
period prescribed in Section 2, above.
7. The date on which this Agreement is exectrted by the last to sign of the parties shall be the
"Effective Date" of this Agreement.
3
8. In the event a party 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:
By OWNER to CITY at:
5420 LBJ Freeway, 17th Floor
Dallas, TX 75240
215 E. McKinney
Denton, TX 76201
Attn: City Attorney's Office
and opportunity to cure, the non-defaulting party may exercise any right or remedy available to it
by law, contract, equity or otherwise, including without limitation, the remedy of specific
performance or termination of this Agreement, by providing notice of same.
9. TI� LAWS OF THE STATE OF TEXAS SHAI,L CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT NRISDICTION OF DENTON
COUNTY, TEXAS.
10. From and after the date of execution of this Agreement by OWNER to and including 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 Easement Lands, less the Temporary
Easement Lands, or upon the OWNER with respect to the Easement Lands, less the Temporary
Easement Lands, after the date of Closing; or (iii) enter into any agreement that will be binding
on the Temporary Easement Lands, or upon OWNER with respect to the Temporary Easement
Lands, prior to the termination of the Temporary Construction, Grading and Access Easement.
11. Each party represents and warrants to the other that it has taken all actions necessary to
authorize the person executing this Agreement to bind it, in all respects, to all terms and
provisions of this Agreement, that such person possesses the authority to execute this Agreement
and bind its party hereto, and that this Agreement is binding and enforceable upon it in
accordance with the terms hereof.
4
12. 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.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing.
CITY OF DENTON, TEXAS
By: �
GEO GE C. CAMPBELL, CITY MANAGER
Date: %%%�, � %� , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date /,� , 2013
APPROVED AS TO LEGAL FORM:
A1vITA BURGESS, CITY ATTORNEY
BY: �---�
Date: /�i�y / , , 2 3
OWNER:
Atmos Energy Corporation
By:
� Sherry lley,
� Vice President Operations
Date: Y� �y b , 2013
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 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 time, and as further set forth in any regulations or forms promulgated thereunder.
11 •UI':►�
Capital Title of Texas
Attn: D. Jorge Urbina
620 W. Hickory Street
Denton, Texas 76201
Telephone: (940) 565-1919
Telecopy: (940) 565-1917
:
Printed Name:
Title:
Contract receipt date: , 2013
C�
' ATTACHMENT 1 - "Abandonment ,Tract" .
. ., .
rthur Sur�re �n Co. � r�c.
Y g �
Professio.r�al.7Gax�d Svrveyors
P.U. Box S4 � Lewisville, Te�as 75U67
Of�ice: (972) 221-9439 � Fax: (97�) 221-4675
0.�93 ACRES
CITY OF DENTON, DENTON CDUNTY, TEI�AS
BEING all that certain lot, tract or parcel of land situated: in the Hirarn Sisco Survey, Abstract
Number 1184, City of Denton, Danton County, Texas,. and. being part oi a i 0 foot wide Easament
as showil in.Neale 5ubdivision, an unrecorded subdivision in the City of Denton, Denton County,
Tex�s, and also being a part of that certain tract of land described in deed to Lone Star (�as
Company, recorded in Volume 626, Page 39$ of the Deed Records of Denton County, Texas, and
bairig m�re partic.ularly described as folloWs: .
COMMENCING at a� l inch square bar found at the no�thwast corner .ofthat certain tra�t of l�ud ;
described in deed to E1k�Riyer-MeKinney Rartners, LP, recorded.under Instrutrient Number 2004- :
1Q7514 of the Rea1 Pro�erty Records of`Denton County, Texas, a,tid the most north northeast
corner of said Lane Star Gas Company tract, said pourt also being in the south lule of McKinney
Street, a public roadway;
TFIENCE North 87 degrees 24 minutes 52 seconds West; with the south line of said 1�IcKinney
Sfireet, a distance of 83.24 feet to a�oint for corner; -
'
THENCE ovEr, through and actoss said Lone Star Gas Cotnpany traCt the following three (3) �'
calls:
South 02 degrees 57 minutes 00 seconds East, with the east line of said i0 foot wide
easement, a distance of 165.34 feet to the POINT OF BEGINNING;
South 02 degrees 57 minutes Q0 seconds East, continuing with the east line of said 10
footwide eesement, tt distance of 3.29.70 feet to a�oinY for comer;
South 02 degrees 03 minutes 0.0 seconds W�st,. continuing v6ith the e�st line of said 10
foot wide easement, a distance of 763U f�et ta a point in the ri�rth line of East Hiokory
Street, a public roadway; .
TI�ENCE �North 89 degrees 24 minutes 36 seconds West, with tlie north line of said Eest . ,
Hickory Street, a distanc.e of 10.00 feet to a point for corner;
,
THENCE over, through and . across s�id Lone Star Gas Company tract the following .three (3)
��Ils: � - .
North 02 degrees U3 mi�utes 00 seconds East, with the west line of said `10 foot wide
easesment, � distanea of 76.12. feet to a point �or corne�;
North 42 degrees 57 .minutes 00 se¢onds West, continuing with the west line of said 10
fa�ot wide easement, a distance of 3�9.89 feet to a poi�t �or corner;
c:120081ood1pecan creek interceptor 3-section 2 6401265�61dwg1101140, esmt abandonment.doc ,
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` ATTACHMENT 1 - "Abandonment Tract" '
rthur Sur�re in Co. Inc. �
Y � �
.P`rof�ssian�l �and 3urveyors
P.O: Box 54 � Lewisville, Texas 7�0.67
Ofiice: (972) 221-9439 � Fax: (972) 221-4675
THENCE South 89 degrees 21 minutes 44 seconds East, a distance of 10.02 feet. to the POINT
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ATTACHMENT 1 - "Abandonment Tract"
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Attachment 2
To
Easement Purchase and Abandonment Agreement
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF TFIE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY SEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SANITARY SEWER EASEMENT
THE STATE OF TEXAS,
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Atmos Energy Corporation, a Texas and Virginia corporation ("Grantor"), successor in
interest to TXU Gas Company, successor in interest to Lone Star Gas Company, whose mailing
address is 5420 LBJ Freeway, 17th Floor, Dallas, TX 75240, 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, receipt of which is hereby acicnowledged, has GRANTED, BARGAINED,
SOLD and CON VEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY
unto the City of Denton, Texas ("Grantee") a perpetual non-exclusive sanitary sewer easement
in, along, over, upon, under, and across the following described property (the "Property"), owned
by Grantor, and situated in Denton County, Texas, located in the Hiram Sisco Survey, Abstract
Number 1184, to wit:
PROPERTY AREA DESCRIBED IN EXHIBIT "A",
AND ILLUSTRATED IN EXHIBIT "A-1",
BOTH ATTACHED HERETO AND MADE A PART I3EREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, operating and maintaining one underground
sanitary sewer pipeline and one at-grade sanitary sewer manhole under and across the Property,
including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and
regress, at all times in, along, over, upon, under, and across the Property, to Grantee herein, its
agents, employees, contractors, workmen and representatives, for the purposes set forth herein.
Grantee shall restore the Property to as near its condition as existed prior to the prescribed
activities as is reasonably practicable, following any entry and/or activity thereon.
This Easement is subject to the following:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, over, upon, under or across the Property by Grantor. Further, Grantor stipulates
and acicnowledges that the Grantee, in consideration of the bene�ts above set out, may remove
from the Property, such buildings, fences, structures, signs, facilities, improvements and other
obstructions as may now or hereafter be found upon the Property and dispose of any such
buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it
deems appropriate without liability to Grantee.
2. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may overhang upon the
Property without liability to Grantee, including without limitation, the obligation to make further
payment to Grantor.
4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained
herein, to malce use of the Property for any purpose that does not interfere with the Grantee's
rights granted to it herein for the purposes granted.
5. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas for the purposes aforesaid the
premise above described.
Witness my hand, this the _ day of , 2013.
�
Grantor:
Atmos Energy Corporation, a Texas and Virginia corporation
By: Date:
Sherry Kelley, Vice President Operations
THE STATE OF TEXAS
COUNTY OF
ACKNO WLEDGMENT
�
�
2013
This instrument was acicnowledged before me on , 2013, by
Sherry Kelley, Vice President Operations, Atmos Energy Corporation, a Texas and Virginia
corporation, on behalf of said corporation.
Accepted this
Texas (Ordinance No. 2013-�.
I�
Paul Williamson
Real Estate Manager
Notary Public, in and for the State of Texas
My Commission Expires:
day of , 2013, for the City of Denton,
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
, i
EXI3IBIT "A" attachment to Sanitary Sewer Easement
; , . " . , I
- , � i
� : rthur S�rve iri Co. I nc. : '�
� � } . : : _ � :,
Professio�a� ��d S�x�ve�ors `
P.O. Box S4 � Lewisville, �exas 75067
Off'ice: (972) 221-9439 -�- Fa�: (972) 221-4675
. ' 16' SANITARY SEWER'EASEMENT : r_
0.102 ACRES
CITY OF DENTON, DENTON COUNTY, TE�A.S
BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract
Number 1�84, City of Denton, Denton"County; Texas, and b�ing a part of that certaiii traot of
land described in deed to Lone Star Gas Company, recorded in :Volume 626, Page 398 of the I
Deed Records of Denton County, Texas, and being more particularly described as %llows: `
BEGINNING at a poirit for aorner at the southeast corner o�that certain tract of land described in ` �
deed .to Elk River-lVlcKinney Partners, LP; recorded under Instrument Nutnber 2004-107514 qf
, ._ ,
fhe Rea1 Property Records of Denton County, Texas; and bemg the most easterly northeast corner :, - �I
of said Lone Star Gas Company tract, said point also beang in the west lina of Bradshaw Street; a �
�
� public roadway; . �
THENCE South 00 dagees 30 minutes 33 seconds West; with the west line of said Bradsh�w
-: Street, a distance of 16:00 feet to a point.for corrier thereof; .. '.. ...: '
T�iENGE over, across and through said Lone Sfar Gas Company tract the following tl�ree (3)
calls: ,. _
North 89 degrees 21 minutes 44 seconds V�est; a distance of 277.84 feet to a point for -
corner;
North Ol degree 14 minutes 37 seconds West; a distance of 16.01 feet to a point for' '
, . corner; , :
; Sou'tli 89 degrees 21 minutes 44 seconds East,"passing at a dista,nce of 99.Ob feet a 1/2 inch ';
_ iron rod fouiid at the southwesf corner of said �lk River-1VIcKinney Partners tract:an'd contiriuirig� �;
with the, south line thereof for a total di"sta.nce of 278.33 feet to .the POINT OF BEGINNIN�, .'
; =', and cont8ining 0.102 acres of land, more or less. .
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EXHIBIT "A-1" attachment to Sanitar ` Sewer Easement I
. � . I
, • " LINE 7ABLE
, LINE BEARING LENGTH
L1 S00'30'33"W 16:00' '
` �0��� . L2 N01'14'37" 16.01' . I
L3 S00' A'33"W . 30.00'
. 5� � �J� Fe2t L4. N01'14'37"W 30.02'
Bas1s of bearing Is based on ihe Clfy of � A Crr�-1 �C rTT-�T�,T�TT
6enton GIS network. lii.7 .[ 1'il!\�1V r STREET'
— — — — _ 58$ 28'32 "E 179.46'
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`t TEMPORARY CONSTRUCTION ESMT. J �i 'o
:J 0.191 ACRES
P.O.B. � �
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Hiram Sisco Survey, Abst. No. 1184 : Professional Land Surv�yors
City of Denton 972_-z2�-�39 � Fax'972-221-4675
Denton County, TQxas Zaos� s�r, s�re aoo � r.o. �ox s4 .
– 2010 – Lewisville, T'eaas 75067 .
. � _ . C�\2008\COD�PECAN CREEK INTEj2CEPTOR 2-SECTIDN 2 610126536\dwg\1001124_esni revlsetl �3.tlxB _ 9/29/EOlO lOd3�39 PM. C4T - � . � � . � � . . . . � �
Attachment 3
to
Easement Purchase and Abandonment Agreement
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 SY THESE PRESENTS:
THAT Atmos Energy Corporation, a Texas and Virginia corporation ("Grantor"), successor in interest
to TXU Gas Company, successor in interest to Lone Star Gas Company, a whose mailing address is
5420 LBJ Freeway, 17th Floor, Dallas, TX 75240, 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,
receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and
does by these presents GRANT, BARGAIN, SELL and CON VEY unto the City of Denton, Texas
("Grantee") a temporary construction, grading and access easement in, along, over, upon, under and
across the following described property (the "Property"), owned by Grantor, and situated in Denton
County, Texas, located in the Hiram Sisco Survey, Abstract Number 1184, to wit:
PROPERTY AREA DESCRIBED IN EXHIBIT "A",
AND ILLUSTRATED IN EXHIBIT "A-1",
BOTH ATTACHED HERETO AND MADE A PART HEREOF
For the purposes of access and construction and grading activities, including the free and
uninterrupted use, liberty of passage, ingress, egress and regress, at all times, in, on, along, over,
upon, under and across the Property to Grantee herein and its agents, employees, contractors,
workers and representatives, for the purposes set forth herein.
It is agreed that the said Grantee, in consideration of the benefits above set out, may remove from
the Propei�ty above described, such fences, signage, buildings and other obstructions as may now
now or hereafter be found upon said Property, for the purpose of construction activities, grading
activities and access in, along, over, upon, under and across said Property. It is speciiically
stipulated by Grantor that the scope of the access, construction and grading activities shall include
the clearing and removal of vegetation and trees that exist on or within the Property.
Grantee shall restore the Property to as near its condition as existed prior to the prescribed activities as
is reasonably practicable, following any entry and/or activity thereon.
The term of this grant shall expire one (1) year from the date of the "Contractor Notice to Proceed
Letter" for the Pecan Creelc Sanitary Sewer Interceptor — Phase II, but in no event later than 18
months from the date hereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas for the purposes aforesaid the
premise above described.
Witness my hand, this the day of , 2013.
Grantor:
Atmos Energy Corporation, a Texas and Virginia Corporation
I�
Date: , 2013
Sherry Kelley, Vice President Operations
2
THE STATE OF TEXAS
COUNTY OF
�
§
ACKNOWLEDGMENT
This instruinent was acicnowledged before me on , 2013, by Sherry
Kelley, Vice President Operations, Atmos Energy Corporation, a Texas and Virginia corporation, on
behalf of said corporation.
Accepted this
(Ordinance No. 2013-�.
:
Paul Williamson
Real Estate Manager
day of
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, in and for the State of Texas
My Commission Expires:
3
2013, for the City of Denton, Texas
- - ---- - -.. _ --- --- -- -- -- i
� EXHIBIT "A" attachment to Temporary Construction, Grading and Access Easement
rthur: Sur�e in � Co. �nc. . ;
Y � �, _
_ �rofessior2�Y �,and Sur�e,�ors ' �
� P:O.'Box S4 � Lewisville, Texas 75067 - .
Office: (972) 221-9439 -� Fax: (972) 221=4675
TEMPORARY CONSTRUCTION EASEMENT
.
. 0.191 ACRES
_ CITY OF DEI�TON, D�NTON COUNTY, TEXAS I
BEING all that certain lot; tract or pareel of land situated in the Hiram Sisco Survey,_ Abstract I
Number 1184, Gity of Dentonr. Iaenton County, Texas, and being a part of that certa.in tract of
land described in deed.to Lone Sta'r .Gas Company, recorded in V_olume 626, Page 398 of the
Deed ReGords of Denton,County, Texas, and being more particularly described as follows: `
BEGINNIl�TG in the' west line :of Bradshaw Street, a public roadway, and froin wkich the ., '
,, southeast corner of that certain tract of land desc.ribed in deed to El1c River-lVlcKiiniey Partners, '
LP, re�orded under Instrument Number 2004=10'�514 of the Rea1 Proper�y Records of Denton '
County, Texas, bears North 00 degrees 3� xninutes 33 seconds East, a distanbe of 16.00 feet, said `
poinf also being the most easterly northeasf corner of said Lone Star Gas Company tract;
THENCE South OU degrees 30 minutes 33 seconds West, with the west line of said Bradshaw
Street, a distance of 30.00 feet to a. point for corner'thereof;
THENCE over, across and through said Lone Star Gas Company tract •the following three (3):
calls: :
North 89 degrees 21 minutes 44 seconds West, a distanca of 276:92` feet to a point for
corner; .
North O1 degree 14 minutes 37 seconds West, a distance of 30.02 feet to a poi.nt %r
corner;
South 89 degrees 21 minutes 4.4 seconds East; a disfaiice of 277:84 feet to the POINT �,
OF BEGINNING, and containing 0.191 acres of land, more or less: ,
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EXHIBIT "A-1', attacHment to Tempor;
�- nio�-r�
50 0 50 Feet -
Constru
and Access Easement
LINE TABLE
LINE BEARING LENGTH
_�'1 r S00'30'33"W ' 16.0 '
L2 N01'14'37"W 16.01'
" ..L3 " S00' 0�33°W 30.00�
L4 N01'i4'37"W 30.02'
eos�s of bearing ;s based on the �rty of Z-r,'1qST McKI1VNEY STREET
penton GlS network.
— -' — — _ S88'28'32°E 179.46'
f Square Bar — — —
(C.M.) _ 3/8 /.R.F.:
(C.M) . :
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o' Elk River - McKinney Partners, LP :�
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— — —� — - .--�--- — --. ---+–=- — — 3
N89 21 44 W 277:84 �- ° -
d' TEMPORARY CONSTRUCTION ESMT. � : � �
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. 0.191 ACRES P.�.B. � � v
,_N89 21'44�W —276.92� �— — - �
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rthur Surve in Co., I nc.
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Hiram Sisco Survey, Abst. No. 1184 Frofessional Land Survey�rs
City of Denton 9�2 z2i-9as9 �.��9�z Zai-a6�s
Denton County, Texas , 2zo s� s�r, s�re zoo � p o. aox s4
� -- 2010 - _ LewisviUe, Te�ras 75067 .
e
Attachment 4
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 NUMSER.
ABANDONMENT AND RELEASE
THE STATE OF TEXAS,
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
WI�REAS, Atmos Energy Corporation, a Texas and Virginia corporation, successor in
interest to TXU Gas Company, successor in interest to Lone Star Gas Company, is the owner of
a certain tract of real property described in a Warranty Deed from R. B. Neale Sr., a widower,
and R. B. Neale, Jr., and W. M. (Bill) Neale, Independent Executors of the Estate of Pearle M.
Neale, recorded in Volume 626, Page 398, in the Deed Records of Denton County, Texas (the
"Property");
WHEREAS, the Property is encumbered by a certain public utility easement, dated on or
about May 22, 1972, from Lone Star Gas Company to the City of Denton, Texas, recorded in
Volume 648, Page 138, Deed Records, Denton County, Texas (the "Easement");
WHEREAS, pursuant to that certain Easement Purchase & Abandonment Agreement,
City of Denton Ordinance No. 2013- the Denton City Council authorized the City Manager,
or his designee, to enter into this Abandonment and Release for the express purpose of partially
releasing the Easement, said partial release releasing the Easement INSOFAR AND ONLY
INSOFAR as the Easement covers and includes those lands described on E�ibit "A" and
depicted on E�ibit "A-1", attached hereto (the "Abandonment Tract");
NOW, THEREFORE, for and in consideration of the sum of Ten and no/100
Dollars ($10.00) and other good and valuable consideration, the receipt and sufiiciency of which
is hereby stipulated, the City does by these presents, abandon and release unto Owner, its
successors and assigns, all of its right, title and interest in and to the Easement, INSOFAR AND
ONLY INSOFAR as said Easement covers the Abandonment Tract. This abandonment and
release shall not affect any right, title or interest that the City may own, hold or possess under or
pursuant to the Easeinent, INSOFAR as said Easement covers, encumbers or includes lands other
than the Abandonment Tract, and that the Easement INSOFAR as said Easement covers,
encumbers or includes all lands other than the Abandonment Tract, shall remain valid and
subsisting and in full force and effect in accordance with the terms thereof.
Executed this day of , 2013
CITY OF DENTON, TEXAS
:
GEORGE C. CAlVIl'BELL,
CITY MANAGER
Date:
2013
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
:
Date: , 2013
2
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
Date:
O WNER:
Atmos Energy Corporation,
a Texas and Virginia Corporation
C
Sherry Kelley,
Vice President Operations
2013
Date: , 2013
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of , 2013 by
George C. Campbell, City Manager, City of Denton, Texas, on behalf of said City.
Notary Public, in and for the State of Texas
My Commission expires:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acicnowledged before me on the day of , 2013
by Sherry Kelley, Vice President Operations, Atmos Energy Corporation, a Texas and Virginia
corporation, on behalf of said corporation.
Notary Public, in and for the State of Texas
My Commission expires:
0
EXH�BIT "A" attachment to Abandonme�t and Release
rthur Surve in Co. I nc.
Y � a
.�'rofessionaY �,�,nd Su�re,�ors
P.O. Box S4 � Lewisville, Texas 75067
C�f�ice: (972) 221-9439 � $ax: (972) 221-4675
0.093 AGRES _
CITY OF DENTON, DENTON CUUNTY, TEXAS
BEING all that certain lot, tract or pareel of land situated= m the Hiram Sisco Survey, Abstract
Number 1184, City.oiDenton; Denton County, Texas, and being part of a 10 foot wide Easament
as showan in Neale Subdivision, a.n unrecbrded subdivision in the City of Denton, Denton County,
Te�s, � and also being a parE of that certain tract of land described in deed to Lone Sfar Gas
Company, recorded in Volurne 626, Page 398 of the Deed Records of Denton County, T�as, and
beirig more parCicularly described as follows:
COMMENCING at a` 1 inch square bar found at the northwest corner of that certain tract of land
described in deed to El�c Riyer-McKinney Partners, LP, recorded under Instrument Number 2004-
107514 of the Real Property Records of Denton County, Texas, and the most north northeast
corner of said Lone Star Gas Company tract, said point also being in the south line of McKinney
Sireet, a �ublic roadway;
TFIENCE North 87 degrees 24 minutes 52 secon�ds West, with the south line of said 1VIcKinney „
, Street, a distance of 83.24 feet td a point for corner;
THENCE over, through and across said Lone Star Gas Company tract the follbwing three (3) -
calls:
South 02 degrees 57 minutes 00 seconds East, with the east line of said 10 foot wide
essement, a distance. of 165.34 feet to the POINT OF BEGINNING;
South 02 degrees 57 minutes Q0 seconds East, continuing with the east line of said 10
foot wide easement, a distance of 329.70 feet to a�oint for corner;
South 02 degrees 03 minutes 00 seco�nds West, continuing v�ith the east line of said 10
foot wide easement, a distance of 76.30 feat to. a point in the north line of East Hickory
Street, a public roadway;
TFiENCE North 89 degrees 24 minutes 36 seconds West, with �Che north line of said East ,
Hickory Street, a distanc.e of 10.00 feet to a point for corner;
THENCE over, through and across said Lone Star Gas Company tract the following three (3)
�alls:
North 02 degrees 03 'minutes OU seconds East, with the west line of said 10 foot wide
easernent, a distance of 76.12 feet to a point for corner;
North 02 degrees 57 .minutes 00 seconds West, cantinuing with the west line of said 10
foot wide easement, a distance of 3:29.89 feet to a poitit for corner;
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�
_ i
EXHIBIT "A" attachment to Abandonment and Release
rthur Surv�e in Co. I nc.
yg �
Professio.xx�.Y .Lax�ci SuraTe,yors
P.O: Box 54 � Lewisville, Texas 75067
Off'ice: (972) 221-9439 � Fax: (972) 221-4675
THENCE South 89 degrees 21 minutes 44 seqonds East, a distance of 10.02 feet to the POINT
OF BEGINNING.
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EXHIBIT "A-1'! attiachment to Abandonment and Release
� McKinney Street
N8 7'24'52 "W r Squore —' —
83, 24' Bar-(C.M.)
I � � P. o. C. a !�
NO.
RT
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°p � SO 0 50.Feet
.► �Ii� �.�o �
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W � � a. Denton ,GlS network.
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I I I, i ,��i � Z LINE TABLE _
I l o � ��n LINE BEARING LENG7H
� Z a!� L2 N89'24'36°W 90.00•
I I � _ S89'21�44"E . 10.02'
I I I I �,_ �2"I.R.F.
I PROPOSED 76' SANITARY
_ � SEWER EASEMEN7
PROPOSED � �
IP.O. B. CONSTRUCTIONAESMT. I W � I
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I �°� Easement Aban onment �
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a I Hir.am 'Sisco Survey, Abst. No.. 1184
' City of � Denton
- Denton County, :Texas ,
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N , 972 221-9439 � Fax 972-221-4675
z � S89'24'36' E
I N (C.M.) 22o Slm S�et, Suite 200 � P.O. Box 54 ..
234.80: • s/8"l.R.F.
—�— ,_Q Lewisville, Texas 75067
EAST HICKORY STREET -
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