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2009-193FILE REFERENCE FORM � 2 � ........009-193 � X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials , Amendment to Pi�eline Easement — original is attached 04/04/14 JR �..�nm. _. �.�. �. ......... �.........,,,,,,, .. ,.m ..............____.______ �� _.�w.� . . ... � ..... ..... ......... ...�m. ... ..��..� . �„_ I w _ ...._ ......... .�� ......................,,,_ ..__ . .... .............. c:\documents and settings\cadick\my documents\texas dept of aging ordinance.doc � �� ORDINANCE NO. 2009 � '" _ _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT SALES AND ESCROW AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES, ACTING ON BEHALF OF DENTON STATE SUPPORTED LIVING CENTER, AND THE BROWN LAW FIRM, L.L.P., AND ANY OTHER DOCUMENTS NECESSARY TO ACQUIRE AN APPROXIMATE 1.741 ACRE SANITARY SEWER EASEMENT TRACT LOCATED IN THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NUMBER 950, DENTON COUNTY TEXAS AND BE1NG PART OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE STATE OF TEXAS, BY DEED RECORDED 1N VOLUME 435, PAGE 12, OF THE REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an Easement Sales and Escrow Agreement, between the City of Denton, the Texas Department of Aging and Disability Services, acting on behalf of Denton State Supported Living Center, and the Brown Law Firm, L.L.P., attached hereto and made a part hereof as Exhibit "A" (the "Contract"), and any other documents necessary for the acquisition of an approximate 1.741 acre sanitary sewer easement tract. The easement is being acquired for the State School Interceptor Sanitary Sewer project. SECTION 2_. This ordinance shall become effective immediately upon its passage and approval. � �` ��.�� , ,� � PASSED AND APPROVED this � �� day of 4 r; � ;",� '"�i`� �°� �� °�� , 2009, �. 1�i,1��.:��C7l�r�� MAYOR ATTEST: JENNIFER WAL"�°}?I; �, CITY SECRETARY : �1xI�C��)VED ,��' ��t� LEGAL FORM: ANITA BURGESS, �"„�:j��""� ATTORNEY � . . �,,,�� ,� �� B� � �, '� '�... ...., �m Y�� "� EASEMENT SALES AND �SCROW AGR�EMENT THIS AGRE�MENT is made and entered into as of the effective date provided below, by and between the City of Denton, Texas, a Texas home rule municipal corporation (the "Citv"), the Texas Departinent of Aging and Disability Services (the "State"), acting on behal£ of its Denton State Supported Living Center, acting by and through its duly authorized officer by virtue of authority granted in Chapter 533 of the Health and Safety Code and Chapter 791 of the Texas Government Code, and The Brown Law �'irm, L.L.P. (the "BLF"), as escrow agent. WHEREAS, the parties hereto have reached a mutual understanding pertaining to the improvements related to the City's State School Interceptor Sanitary Sewer Project, which shall be located in, on and under, in part, the State's property located at 3980 State School Road, Denton, Texas; and WHEREAS, the State is the owner and operator of the Denton State Supported Living Center which is located on real property located in Denton County, Texas (the "State Su�ported Livin� Center Pro�ertX"); and WHEREAS, the State has agreed" to grant to the City a Pipeline Easernent for public utilities purposes, over, in, under and across a portion of the State Supported Living Center Property (the "Easement") upon the terms and conditions prescribed in the Easement, said Easement being attached hereto and made a part hereof for all purposes as Attachment "A"; and WHEREAS, the Easement encuinbers, or is contemplated to encumber, the real property described in Exhibit "A" and Exhibit "B" of the Easement, attached hereto and made a part hereof for all purposes; and 090727 Escrow Agreement.doc Page 1 of 10 ,�,.,�"� ' � i �� ` � ,�,� WHEREAS, as consideration for the granting of the Easement, the City will provide in- lcind improvements to the State upon the State Supported Living Center Property in the value of Thirty Thousand Dollars and no/100 ($30,000.00), as outlined in the Scope of Worlc shown on E�chibit "C" of the Easement (the "In-Kind Work"); and WHEREAS, BLF shall act as the escrow agent regarding the funds to be escrowed by the City at closing to reimburse the City for the In-Kind Work pursuant to the terms of this Agreement. NOW, THEREFORE, for and in consideration of the provision of the In-Kind Work and the mutual covenants and promises made herein, the receipt and sufficiency of such consideration being herein stipulated and acknowledged, the City, State, and BLF agree as follows: 1. On or before November 15, 2009, or as soon as reasonably possible thereafter but in no event later than December 31, 2009, the State shall grant and deliver the Easement to the City and the City shall deposit contemporaneously with the Easement grant the suin of Thirty Thousand Dollars and no/100.($30,000.00) to BLF (the "Escrowed Funds") to be utilized to reimburse the City for the In-Kind Work as such work is performed, pursuant to the terms hereoi (the "Cl_ osin�"). The Easement shall be subject to no liens or other encumbrances, unless otherwise agreed to by City. The State shall assist and support satisfaction prior to Closing of all closing requirements in relation to solicitation of releases or subordinations of liens and any and all other encumbrances affecting the Easement, if necessary, in the opinion of the City. In the event City shall determine that the state of the title to the Easement is unacceptable for its purposes, the City may terminate this Agreement by notice in writing to State as provided herein, at any time prior to Closing. 090727 Escrow Agreement.doc Page 2 of 10 2. The Escrowed Funds shall be held by BLF for the purpose of paying the City's obligations related to the In-Kind Work. Such deposit or deposits, all proceeds there from, and all cash balances from time to time on deposit therein (a) shall be the property of the Escrowed Funds; arid (b) shall be applied only in strict conformity with the tenns and conditions of this Agreement. At Closing, the City shall pay Two Thousand and No/100 ($2,000) to BLF as compensation for acting as escrow agent under this Agreement. The Escrowed Funds described in Section 1 above shall not be used for this purpose. 3. The Escrowed Funds shall be utilized to reimburse the City for any and all costs related to the design and construction of the In-Kind Work, including fencing, parking/pavemeilt, trees and gravel improvements on the State Supported Living Center Property. All In-Kind Worlc shall be designed and constructed in compliance with the terms of the Easement. 4. BLF is hereby instructed by City and State to transfer to the City from the Escrowed Funds such amounts periodically requested by the City to reimburse it for any and all expenditures related to the In-Kind Work, as evidenced by invoice and as communicated by the City in writing to the BLF. The invoices submitted may be third party invoices or invo�ces evidencing work pexformed by the City. Prior to the submission of the invoices to BLF as instiuctions for payment to the City, City shall submit such invoices to the Dentbn State Supported Living Center, for approval of such invoices, such approval to be reasonably exercised within five (5) calendar days of submittal of the invoices. In the event the Denton State Supported Living Center shall not disapprove such invoices within the five (5) calendar day period provided herein, such invoices shall be deemed approved for all purposes. BLF is entitled to rely on the statement by the City that the Denton State Supported Living Center has approved such invoice(s). No other consents, documentation, representations or any other matter, other 090727 Escrow Agreement.doc .. Page 3 of 10 � � ° ,� dU �� than the written request of City, acting by and through its City Manager or his designee, acknowledging the consent to the invoice by the State, shall be required for disbursement of the requested �scrowed Funds by BLF to the City. BLF inay rely on the written request of City as described herein in disbursing such funds and shall not be required to make inquiries, of any kind or nature, regarding such request. BLF shall not be responsible for reviewing or verifying contractor or materialmen invoices, lien waivers, lien releases or any information accompanying the information listed in this paragraph 4. 5. The Escrowed Funds are to be managed and distributed by BLF in accordance with tfiis Agreement. BLF shall (i) hold at all times the Escrowed Funds in an interest bearing capacity with a depository institution described herein. All parties approve the Banlc of Texas, First Community Bank, or Legacy Texas Banlc as the depository institution to hold the Escrowed Funds. The Escrowed Funds shall be entirely segregated from all other funds and securities on deposit with BLF. BLF shall never allow the assets of the Escrowed Funds to be commingled with any other funds of BLF. BLF shall hold and dispose of the assets of the Escrowed Funds only as set forth herein. BLr shall have no right or title with respect to the Escrowed Funds except as the escrow agent under the terms of this Agreement. 6. BLF shall lceep books of record and account in which complete and correct entries shall be made of all transactions related to receipts, disbursements and applications of the funds deposited to the Escrowed Funds and all proceeds thereof and such books shall be available for inspection by the State and the City at reasonable hours under reasonable conditions. BLF hereby represents that it has all necessary power and authority to enter into this Agreement and to undertake all the obligations and responsibilities imposed upon it herein, and that it shall carry out all of its obligations hereunder and in conformance with the terms hereof. BLF inakes no 090727 Escrow Agreement.doc Page 4 of 10 �, 1 k; � f, representation as to the sufficiency of the Escrowed Funds, and has no duty to determine or inquire into the happening or occurrence of any event or contingency. BLF's sole duTy hereunder being to safeguard the Escrowed Funds and to dispose of and deliver the Escrowed Funds in accordance with the terms of this Agreement. 7. Upon the completion of the In-Kind Worlc, less and except the In-Kind Work related to the Surplus Trees, as provided in paragraph 3 of Exhibit "C" of the Easement, amounts remaining in the Escrowed Funds shall be utilized by the City in performing work related to the Surplus Trees. Upon completion of and reimbursement for the remaining In-Kind Work related to the Surplus Trees, the City and Denton State Supported Living Center shall jointly provide instructions to BLF that all obligations related to the Escrowed Funds have been perfonned and that BLF is released and discharged from all obligations under this Agreement. 8. In the event any party hereto shall default in the performance of any term or provision of this Agreement, if said default shall be continuing after ten (10) days notice of such default delivered to the defaulting party, any non-defaulting party may exercise any xight or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance of the terms of this Agreement. 9. Any notice, request, authorization or demand required or permitted to be given under this Agreement shall be in writing and shall be (i) served by registered or certified mail, with return receipt requested and postage prepaid, (ii) sent by Federal Express or other commercially recognized overnight delivery service, postage prepaid, (iii) hand delivered, or (iv) sent by facsimile or electronic mail as follows: If to State: Department of Aging and Disability Services c/o Director, Real Estate Management Health and Human Services Commission 090727 Escrow Agreement.doc .., Page 5 of 10 � , �� _ P.O. Box 12668 Austin, Texas 78711 Telephone: 512-206-4507 Fax No.: 512-206-4810 � Email: Dan.Tanner(a�hhsc.state.tx.us If to Denton State Supported Living Center: Superintendent Denton State Supported Living Center P.O. Box 368 Denton, Texas 76202-0368 Telephone: 940-591-3310 Faac No.: 940-591-3330 Email: Nancv.Condon cr,dads.state.tx.us If to City of Denton: City of Denton Attn: City Manager 215 E. McKinney Denton, Texas 76201 Telephone: 940-349-8 3 07 Fax No.: 940-349-8596 Email: george.campbell@cityofdenton.com If to Escrow Agent: The Brown Law Firm, L.L.P. Attn: Lynn Stillman 4161 McKinney Avenue, 4t�' Floor Dallas, Texas 75204 Telephone: 214-891-1957 Fax No.: 214-891-1958 Email: Istillman cr,senderatitle.com cbrown� senderatitl e. com All notices delivered as provided above shall be deerned effective upon delivery as prescribed herein. 10. City, State and BLF hereby each represent and wanaz�t to the other that this Agreexnent is binding upon such parties in all respects and that said parties have taken all actions necessary to authorize each party executing this Agreement to bind, in all respects, such parties to all terins 090727 Escrow Agreement.doc �� . Page 6 of 10 '�, , �'` and provisions of this Agreement, and that such persons possess authority to execute this Agreement for and on behalf of such parties hereto. 11. This Agreement shall be construed under and in accordance with the laws of the State of Texas and is performable in Denton County, Texas. Venue for any action arising under or related to this Agreement shall lie exclusively in courts of competent jurisdiction in Denton County, Texas. 12. Should any clause in this Agreement be found invalid by a court of law, the remainder of this Agxeement will not be affected and all other provisions in this Agreement remain valid and enforceable to the fullest extent permitted by law. 13. This Agreement constitutes the entire agreement between the parties and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, repxesentations, or agreements, either written or oral. This Agreement may only be amended by a subsequent written instrument, agreed to by all parties. 14. Nothing contained herein shall be construed to imply a joint venture, joint eilterprise, partnership or principal — agent relationship between the parties. 15. The terms, provisions, representations and warranties set forth in this Agreement shall survive Closing. 16. This Agreement shall terminate automatically upon the final disbursement of the Escrowed Funds. BLF shall give written notice to all parties of the full and final disbursement of the Escrowed Funds. 17. If any dispute arises among any of the parties to this Agreement concerning this Agreement, Escrow Agent's duties hereunder or the disposition of the Escrowed Funds, or if BLF shall receive instructions, claims, or demands from any of the parties to this Agreement 090727 Escrow Agreement.doc Page 7 of 10 1'�� ' �� ,; , with respect to the Escrowed Funds which in BLF's reasonable judgment, are in conflict with any provision of this Agreement, or if BLF is joined as a party to a lawsuit by virhie�of the fact that it is holding the Escrowed Funds: (a) BLF; upon giving written notice to all other parties to this Agreement, may (but shall not be obligated to) refrain from transferring any funds from the Escrowed Funds to the City under this Agreement and/or continue to hold the Escrowed Funds in escrow, until such time as such dispute, uncertainty or lawsuit shall have been resolved to BLF's reasonable satisfaction, or by a final order or judgment of a court of competent jurisdiction; and/or (b) BLF inay interplead the Escrowed Funds by filing an interpleader action in the District Court in and for Denton County, Texas (to the jurisdiction of which all parties do hereby consent) and depositing the Escrowed Funds into the registry of the court, whereupon BLF shall be relieved and released from any further liability as escrow agent under this Agreement. BLF's actual costs and reasonable legal fees may be paid by the parties if there is an interpleader action or if BLF is joined as a party to a lawsuit by virtue of the fact that it is holding the Escrowed Funds. 18., Any action that may be taken by the City under this Agreement, is hereby delegated by the City Council of the City of Denton to the City Manager, or his designee. 19. BLF, so long as it shall be in compliance with all terms of this Agreement, shall be entitled to rely upon any written notice, request, waiver, consent, certiiicate, receipt, authorization, agreement, power of attorney, or other written instrument provided to BLF by the City and/or the State which BLF reasonably believes to be genuine and what it purports to be and 090727 Escrow Agreement.doc Page 8 of 10 BLF shall (i) not be liable to City or the State upon such reliance so long as such reliance is reasonable; and (ii) to the extent provided by law and as provided herein, be indemnified by the parties for damages caused by such reliance so long as such reliance is reasonable. The indemnity provided herein shall be limited, in all instances, to the amount of the Escrowed Funds remaining in the possession of BLF at the time of the accrual of the damages. Any such damage shall be paid solely from the Escrowed Funds. This Agreement is deemed to be in force and effective on the .`�S� ay of % 2009 (the "Effective Date"). Texas Department of Aging and Disability Sexvices : Naine: Title: Facility Concurrence: I� Nancy Condon Superintendent . Denton State Supported Living Center 090727 Escrow Agreement.doc � Page 9 of 10 � � City of Denton, Texas � � � By: �� ,�.. �.�,�� .� � � � � � �� .. � .�_ � .�� .......� � .�...._. �.�� .�.�..� �:r��, �';:��,�ai c� � �`��:��r�rc�1�� Title: City Manager Attest: Jennifer Walters, City Secretary r ��`"��- � �� B � . �� :�� d �.� �� Approved as to Legal Form: Anita Burgess, City Attorney �� .�� ,, u . � �,�. � . - The Brown Law Firm, L.L.P. ��x,� ,� B�'' u�.�''. �� '_ �� "�� . ��n., ��.... ��i�� 0�. . p � 4' �. " °� �� t,��'��kk�Cr�L�, � _.��..�� —..��.�_. Title �'�� r�`;� �t � � � , � h �'Q �� ..... _.... .. —. ......� � U� 090727 Escrow Agreement.doc Page 10 of 10 `' � � � �., STATE OF TEXAS COUNTY OF DENTON ATTA�;`�;[:f'��'�I��„ ��A�� PIP�LINE EASEMENT (Sanitary Sewer and Water) § § § KNOW ALL MEN BY THESE PRESENTS I. Grant of Easement: The Texas Department of Aging and Disability Services ("GRANTOR"), on behalf of its Denton State Supported Living Center ("FACILITY"), acting by and through its duly authorized officer by virtue of the authority granted in §533.005 of the Texas Health and Safety Code, in consideration of in-kind work to be performed by GRANTEE valued at Thirty Thousand Dollars ($30,000), as further described in Exhibit "C", attached hereto for all puiposes, and other good and valuable consideration, and the mutual benefits to be derived by the parties, GRANTS, BARGAINS, SELLS AND CONVEYS to the City of Denton, Texas ("GRANTEE"), its successors and assigns, a perpetual non-exclusive easement (the "Easennent") over, under and across certain property (the "Property") of GRANTOR located on the grounds of its FACILITY, which is situated primarily at 3980 State School Road, Denton, Denton County, Texas, and described on Exhibit "A" and Exhibit "B", attached hereto and made a part hereof for all purposes. II. Location of Easement Area: A plat of the Property showing the 1.741-acre surface area affected by this Easement (the "Easement Area") is provided in Exhibit "B," and a metes and bounds description of the Easement Area is provided in Exhibit "A," both attached to and made a part of this Pipeline Easement (the "Agreement"). III. Purnose of A�reement: GRANTEE will have the right to use the Easement Area for the purpose of placing, constructing, reconstructing, installing, operating, repairing, maintaining, inspecting, replacing, upgrading or removing (in whole or in part) underground pipelines for the transportation of sewage and water and all necessary and desirable appurtenances and structures to permit the pipelines to be placed, constructed, reconstructed, installed, operated, repaired, maintained, inspected, replaced, upgraded or removed (in whole or in part) in the Easement Area. (Together, GRANTEE'S pipelines, appurtenances and structures specified above will be xeferred to as GRANTEE'S "Equipment.") IV. Reservation• GRANTOR reserves the right to place, construct, operate, repair, maintain, inspect, replace or remove sidewallcs, pathways, pedestrian amenities (such as benches, 090727 DSS to City of Denton Easement.doc � Page 1 of 10 �' ; tables, chairs, flowerbeds, shrubbery, and other incidental improvement�), ��.r:av��a�a�ry ��, parlcing areas in the Easement Area to the extent that such uses do t�ca�; ��r�r.��t��r1:��.� interfere with the rights granted to GRANTEE hereunder; however, (i) ��r�� ;tivi:�� °� at the rislc of GRANTOR and GRANTEE may remove any such matters with no liability or duty to GRANTOR; and (ii) GRA,NTOR may not place, erect or maintain without GRANTEE'S prior written consent, any buildings or drainage, filtration or detention ponds that would materially impair GRANTEE'S access to its Equipment in the Easement Axea for the purposes stated herein. V. Ri�ht of Access: GRANTEE has the right of ing��.�� cC ��t�s� u��c��,„ c��° w��cl ��„�-��;�; ��t•��°t� and other property of GRANTOR or tl�� 1+,��,"��,,� �,"�! �a�� • l��t, �a��`l>�`��s� �� t�t I��'�i��. ��.�"�"L�� r�;�� c� c��.��y ��c ��drd.��c�� r7�y t4:� �ltr� ��t�r�t ��z�ci 11t��- tl��^ 1��:�.�i�� ca;t'� r��.i��i��sa�� 1��I��ix�� i��°�x��i�� e;�e�z'��kra��Li��, �Z��l�� r<�t��,„ �•��r� ri�� iu��a� t��.��s��e� � , �t �t�^� �w��;.l��as� r��it��, t�a ��9�� t��• �w��vr��.� �t� .1,�c��a��:�r��, �s ��.�.� wae�, �s� ��'.k��`�� tl�� a�.'�<t��.� �'��'1�� ,z�� ;��a�� ,��ae�-t�ing used by GRANTEE for ingress or egress �T� ��" �''��°fl�� `�� a�� .� 9��r�t i�r�� roper condition and closed at all times other ti�� c��ta°��o� i��,��, �� a•��. VI. Duties: Prior to any initial or later excavation, GRANTEE will contact Dig-Tess, the Texas Excavation Safety System, or its successor or like entity, to have all existing utilities located. Findings will be provided to FACILITY prior to excavation. GRANTEE will bore under FACILITY'S roads. Quality trees, as reasonably determined by FACILITY, will be bored under or trenched around, unless otherwise approved by FACILITY. GRANTEE will bury all underground components of its Equipment not less than thirty-six inches (36") below the cultivated surface, unless applicable rules, laws, codes and regulations require a greater depth. i��,:��"��.� r,�� ,;��r��•�� L��;��•�� .�� ,��w �.�� pipelines in a manner and to the extent ;�� li:��c�� °�; �c:r��.��•�tl�y ��r•��,�.�1 k�� u;�,��. and water distribution entities. Followin�� z��s��rll�a(�'�a��a,, ��,.�1��"��,1C �,�,i�l[ ��•��i�1�; ��r�� accurate drawing to GRANTOR depicting �t�� a��tic�� c��C` �;,�1��,�,�d"��+;�;"� ��•��a��,� Equipment. If GRANTEE damages or destroys any fences, roads, bridges, culverts, buildings, underground utilities, irrigation s�y��,�z�� <�tt• ��1��• �c��z��a��a�� c�� .��- s�i��c�r.��i��; the Easement Area, or elsewhere on the Pr��`C�� a�l��a� ��i� ��s ��a�r ��-;�cas��l ��r�� GRANTEE must, within a reasonable perit�+� c��` tasx�+� �Giat� ��1 i�� ;��, ��:N.�• �� •��;�� the Property to the extent that it will, as ��,�r�ly �,� ��:k:ic��l�� i�� err�c��t��x� ��; �,��a�r� �i��;1a c1�� ,��•��t�t��. ��c��<��°� �� r��;��1w�cc��nts will be subject to .�+��."I��:�'I""� a��z•��r.l� �� ra�w�tl x�i�l�i�; �;� �c; ��c��.��;�,�� ,aM�;�nably. At the option of �"��1°�J"��, i» li��t:�� f"��i�i��,��• ��1�1�.�� t��1� ��t��-��, �af ��:a�� money damages will be 1��'�• ��"��z ��.;�� i��cl��c�� 1��r� ��:��'�� as a result of GRANTEE or its agents or employees entering, departing, or by reason of being pxesent on the Property. �Z.1�� !'1°�i��'�� (�"��ai�d by GRANTEE'S activities will be graded and smoothed by G1�-��`�'��'• �� i��;c��k�i� required by FACILITY so the Property will, to the degree re��.��aG�:�[� �,��tr�w�[�1�, t�� in the same condition as before GRANTEE'S activities. 090727 DSS to City of Denton Easement.doc Page 2 of 10 GRANTEE will reseed areas with FACI��:� � � ��g-s��r�c� ��c�� y��;� �r�� ;.��;� ��,�� days of construction and will provide an i��1 r�r�Y��rir�� ` tl�� a�•�"�c�� "�"�� construction. GRANTEE shall no� �� r��:��i.�wc;� 9.� r�v'�z��• fc�.�� ric�a�l �ix �� ;�,��, �'�� day. GRANTEE agrees to notify �",�.�"��.��q�""�'y �p� tl�o�, a��r��- �� r�� ra ��i�� ,�T, no later than three (3) business days after ccrrrm��-��.��r� c��" ��, i��t�tx� �<arx�i��r��d�� ] �� subsequent �,�.`��+I.r�t��i�:�� .�' ��rca��1�;�� it�� .��,�',�:��.�:� �°�'� :�a��•�m��v�:l ��.r �� a��-�i�.��. inspection t�� 1��;s�,c�s ��c��.�]t�x��:� .�i��c�� C��,�:��I'1��1��'� ��;l��i��u�„ i.f. ��ra�. L'ricar i� ��za� subsequent ��a��-c,��i��y �tl��:a��ti�s��, �cic�id�c�m��t� �°��tt�txµ��:i,i�i� ��M ��11�� c��r��i.�� r��C�x. this Agreement requiring access to the sui��`��,� c�:t" t�� ]��r��.�c,a��m (��'�,;�,� ��.��;ap �� notify FACILITY, in the manner set forth �� ,��c��-� :��, �� l�� „� ��,��. to commencerr�ent of such activities. In ��a� a�� ca�` ;�r� ��,�,�L��-�r��,, ��p�� emergency, as reasonably determined �,ay� C�.C�,I"�"�i"��"�� ,�,,�`� ��q� �� r��, FACILITY, in the manner set forth in Se�i:4�� [�� :r�� ry ��,��c,��c�x��. �� '��,�� .. 3391, or telefacsimile at (940) 591-3392, as soon as reasonably practicable after commencement of alteration, additional construction or other operations under this Agreement requiring access to the surface of the Property. GRANTEE will provide at its expense any landscape maintenance that it deeins necessary, including cutting or trimming grass, trees and shrubbery within the Easement Area, and may remove natural obstructions as necessary to keep them clear of GRANTEE'S Equipment. GRANTEE may remove trees, shrubbexy or natural obstructions from the Easement Area afte�� ,��ti�r��s��it��r�� ;�1a4�� m� replace any trees, shrubbery or natural ob;;t:r �r�ti�»a :�c� ��rr�r�v�c� l�� f �1��1� ��;�,:;, t��1, interfere with its use of the Easement Area a�'��r c��t�,��•�xc�t:xck�. �� t�a,�� i�� xr��r�� made by GRANTEE will be removed from ��1�� i'��w�� 1�� t:.,��,,�,�'�"�+s��,. GRANTEE will adhere to all FACI��I'i'�' ��°t�1��s ��=�r�°i�N�� y �+�,�� I.��'�' �� r�r�� as said rules do not interfere with the rights �,i��t�c�� ,��;[�'��;�;�� 7��- �7�� GRA,NTEE will comply with all ��l�c��i��l�c� ��•��9� �;�c��t�� xr��lc�� e�� codes and regulations related to the in,a��ti�;at.��a��, c��•��a�r ��c� ,r��.*��;�� Equipment. VII. No Fee Interest Granted: ' This is �u �.��°��°�t ca� a i�c��a-��c�1��,i�� asement r�x�� atr�c� c��a�;;� ��r� ��°�,�� a�°a� �'�� interest to the �t�►��,�� r �t�� i�r�l�te�� i�� t�� minerals, ��t�. �r u:��e��n�� °��, 1�'��i-l�� °�"��i� conveyance is ��c�:� ��1.��t tt:� �a�� c� �� outstandi��, c��„r��t�, :�•��tC-�r�=vv�� i. leases covering l�°i� 1�rt��ty, • VIII. Duration of A�reement: This Agreement and the Easement granted to GRANT�E will be perpetual, beginning on the effective date, unless the Easement Area is abandoned or the Agreement is terminated. IX. Rennoval of Equipment: GRANTEE has the right to remove its Equipment upon termination of the Agreement or abandonment of the Easement Area, provided all obligations to GRANTOR under this Agreement are fully satisfied. 090727 DSS to City of Denton Easement.doc �� , ��; Page 3 of 10 �� °•` t' r°` ��' GRANTEE, at its option, may either remove or leave its Equipment upon termination of the Agreement or abandonment of the Easement Area. If GRANTEE elects to remove its Equipment, all removal activity will be completed within one hundred twenty (120) calendar days from the date of termination of the Agreement or abandonment of the Easement Area. If removal causes other injury to the surface or to ��'��'� �'��, �'��`�, ��°i��,� �r��°��t�� buildings, underground utilities, irrigation ��'�� t��' a��' ��i�r�'��, �F��,1"�°i"�+:1�.� ��11 repair such damage according to the ��'��'�� °� ��t�l�� c�l'i¢��t�� `.�� w�itC��:r.�► ��y (60) calendar days after completion of such removal. If the Equipment is left behind by GRANTEE, GRANTEE will within one hundred twenty (120) calendar days of termination or abandonment of this Easement appropriately drain and then fill with an appropriate inert material the pipeline and other Equipment left behind. The filled pipeline and other Equipment will then be appropriately sealed or capped. If the Equipment is left behind by GRA,NTEE, GRANTEE will also leave behind all devices necessary for corrosion control. If left behind, the Equipment will then become the property of GRANTOR. X. Reservation of Non-Conflicting Use of Propertv• GRANTOR expressly reserves for its use and for the use of any agency, commission or department of the State of Texas access to the Property, provided such use is not inconsistent with the rights of GRANTEE. It is further agreed that GRANTEE will comply with the Antiquities Code of Texas, TEXAS NATURAL RESOURCES CODE, § 191, et seq., and GRANTEE further agrees that title to archaeological objects or artifacts, if any, in or on the Property remain with GRANTOR. XI. Hold Harmless: To the extent permitted by law, GRANTEE agrees to and will indemnify, defend and hold GRANTOR, its officers, agents and employees harmless from any and all claims, suits, demands, judgments, damages, penalties, fines, costs, liabilities, losses and causes of action for personal ihjury or death and/or damage to or destruction of property or improvements caused by, arising out of, or resulting from the exercise of rights grantecl to GRANTEE, it employees, agents, or other persons acting under GRANTEE' S direction. GRANTEE further, to the extent permitted by law, agrees to pay all reasonable expenses, costs, and attorney's fees, consultants' fees and experts' fees associated with such claims, suits, demands, judgments, damages, penalties, fines, costs, liabilities, losses and causes of action, as well as those incurred by GRA,NTOR in the enforceinent of this indemnity provision. The provisions of this Section will survive expiration, abandonment or earlier terinination of the Agreement or Easement granted herein. � XII. Hazardous Waste: GRANTEE will keep the Pxoperty and GRANTEE'S Equipznent in good working order and repair and in a clean, safe and healthful condition; and comply with all state, federal and local laws, rules and regulations with regard to the use and condition of the Equipment on the Property. 090727 DSS to City of Denton Easement.doc Page 4 of 10 � � � ,' �� GRANTEE will not use the P�°ca��e�� ;� �t� ��a�� n ��f��a°, a��r c.��a��.r��t�c��7. of soils, ground water, surface water, �ar� �~��r��r�x� r��x�•��,� ��z� G�� y��,�� , �lx�, �ai��.�� resulting from, but not limited to, spills or l��l�� ' �� ;�� ,;��u�y�� .��i.��C�� hazardous wastes, or other chemical com��r,;��ac.��, �,��,]"�"�'��;�;��,; �� ;;;��,�� extent provided by law, for cleanup of any contamination resulting from violation of this provision. If the presence of hazardous materi�� r� �1�� a��-�� ,��r�� , ��,��;� and such materials xesult in contamination r��" f�� '��-tv� tl�� t�� t;�� r��;� by law, �RANTEE will indemnify, defew�a�� tta�� ,�� C��.i'��"�"�� ,,�, ��`��,�,��'�, �u�,;�� and employees harmless from any and all �l�i�a��, ;��„ c��a�s��,��, j��,�;� �+,-��x��T penalties, fines, costs, liabilities or losses (i��i�r� ��r��i�� ,�� ° �� q��.��.��,� damages from the loss of or restriction on �r;�c� cal" �;��s ��,�� t�� [" �� ,�� k ��m Property, and sums paid in settlement of c1�ia��, ��lcr�:�t��s" �'��, c�a��taltti��' �:��;� ��ci experts' fees) which arise during or after the Agreement or Easement term to the extent of such contamination. This indemnification of GRANTOR by GRANTEE includes reasonable costs incurred in connection with any investigation of site conditions for any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material present in the soil or groLUld water on or under the Property. The provisions of this Section will survive expiration, aba�idonment or earlier termination of the Agreement or Easement. XIII. Default and Termination: Subject to force majeure, it is agreed upon default by GRANTEE of any material covenants, conditions and agreements, GRANTOR has the right, and such right is expressly reserved, to declare the Easement granted herein forfeited, without prejudice to any claim GRANTOR may have against GRANTEE; provided, however, GRA,NTOR will give GRANTEE written notice of its intention to terminate this Agreement and the ��'��.� ��o' �c�r��i�t��r� �x'�cl +�RANTEE will have thirty (30) calendar days after receipt �a�'xz�ati�.� �.�� r°��i1� �� cN�I�;��t�t or violation. Upon timely correction, this Agreement will r�c��it� �.� �'�1L °f�o��;� ��d c��m"�'�°�t:. Termination of the Agreement for any cause is automatic and all rights granted revert to GRANTOR without the necessity of any further action or suit on the part of GRANTOR. Upon termination or abandonment, GRANTEE agrees to file a Release of Easement in the Deed �Zecords of the Texas county/counties where FACILITY and the Easement Area are located. Abandonment will be deemed to have occurred when the Easement Area is not used for the purposes granted for a continuous period of one (1) calendar yeax. XIV. Waiver• No waiver by GRANTOR or GRANTEE of any default or breach of any term, condition, ox covenant of this Agreement will be a waiver of any other term, condition, or covenant. XV. Privile�es and Immunities: GRANTEE acknowledges GRANTOR is an agency of the State of Texas and GRANTOR acknowledges that GRANTEE is a Texas home rule municipal corporation 090727 DSS to City of Denton Easement.doc Page 5 of 10 and nothing in this Agreement will be construed as a waiver or relinquishment by GRANTOR or GRANTEE of its right to claim exemptions, privileges, and immunities as xnay be provided by law. XVI. Texas Law to Anplv/Venue• This Agreement is construed under and in accordance with the laws of the State of Texas and is performable in Denton County, Texas. Venue for any action arising under or related to this Agreement shall lie exclusively in courts of competent jurisdiction in Denton County, Texas. XVII. GrammaticalInterpretation• When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neutral genders. XVIII. Headin�s: Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this Agreement. XIX. Parties Bound: This Agreement is binding upon and inures to the benefit of the GRANTOR and GRANTEE and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). XX. Savin� Clause: Should any clause in this Agreement be found invalid by a court of law, the remainder of this Agreement will not be affected and all other provisions in this Agreement remain valid and enforceable to the fullest extent permitted by law. XXI. Assi�nment: • GRANTEE may not sell, assign, or convey this Agreement or the Easement without the express written consent of GRANTOR, which will not be unreasonably withheld, and any attempt by GRANTEE to sell, assign, or convey this Agreement or the Easement without such consent will be void and of no effect, and such assignment will not relieve GRANTEE of any liability for any obligation, covenant, or condition of this Agreement. This provision, and the prohibition against assignment contained herein, will survive expiration or earlier termination of this Agreement or Easement. For purposes of this Section, an assignment is any transfer, including by operation of law, to another of all or part of the interest or rights herein granted. XXII. Notices: Notices to the GRANTOR, GRANTEE and FACILITY, except as provided by Section VI, will be signed by the designated representative of the notice-giving party, or its successors in interest or office, and delivered personally or sent by U.S. certified or registered mail, return receipt requested, postage prepaid, addressed as follows: 090727 DSS to City of Denton Easement.doc � Page 6 of 10 ,� �-�� ' If to GRANTOR: Department of Aging and Disability Services C/o Director, Real Estate Management Health and Human Services Commission PO Box 12668 Austin, Texas 78711 If to FACILITY: Superintendent Denton State Supported Living Center PO Box 368 Denton, Texas 76202-0368 If to GRANTEE: Anita Burgess City Attorney City of Denton 215 E. McKinney Street Denton, TX 76201 w/copy to: Paul Williamson Real Estate and Capital Support City of Denton 901-A Texas Street 2nd Floor Denton, TX 76209 Notice will be deemed given on the date it is hand delivered or deposited in the U.S. Mail. XXIII. Entire Agreement: This Agreement constitutes the entire agreement between GRA,NTOR and GRANTEE and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by a subsequent written instrument, agreed to by the GRANTOR and GRA,NTEE. XXIV. Force Maieure: �� '"�'�'�� '�' '�� "�.�� Y ��[��f ��"�� shall be rendered unable to carry ��a�l': �� 1�1��i��t� ��.�9�.r� i��s ��.a•��r��k� i�� +r��c.�l�;, �.�:�� i�� part as a result of Force Majeure, �� ci�1i��.� ��.G�a�,r� ��t �[� tl�� °t�r ��ti�a�ir�� "�:��°�� vl�t��eure shall give notice to the other ��°�� r�i t��c��l�� r� c��a'�� tl�� r��.�s��, ��`117� ��c°�,7.�a°a°c,ra��, ��, r��i�.��a�it�r� �.�'i:l�� tr�t� �avs�� such notice, so far as it is affected by such ��r�:�� p�� „��a�� ;;��;��, ��o�•�� continuance of the inability then claimed b�� w �� lc��p• �,7��W�a��, '�"�a�.� �� „�� Force Majeure shall use its best efforts to e��c��.��r �� r�v�;��c��-�� a�p'� ��, �,�,�� X 090727 DSS to City of Denton Easement.doc Page 7 of 10 r°, reasonable dispatch. The term Force Majeure as employed herein shall mean acts of God, electric outages or shortages, strilces, lockouts, banlcruptcy or other industrial disturbance, acts of public enemy, orders or directions issued under any color of authority of any kind of the Government of the �Jnited States, the State of Texas or other governmental entity having jurisdiction of the matters related to this Agreement, earthquake, fires, freezes, hurricanes, drought, storms, floods, washouts, civil disturbances, explosions, breakage or accidents to machinery, or pipelines. XXV. Authoritv• GRANTOR represents and warrants to GRA.NTEE that this Agreement is binding upon GRANTOR in all respects and that it has taken al] actions necessary to authorize the party executing this Agreement to bind, in all respects, GRANTOR to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind GRANTOR hereto. GRANTEE represents and warrants to GRANTOR that this Agreement is binding upon GRANTEE in all respects and that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, GRANTEE to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind GRANTEE hereto. XXVI. No Joint Enterprise: Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between GRANTOR and GRANTEE. XXVII. Effective Date: This Agreement is deemed to be in force and effective on the day of TERMS AND CONDITIONS EXPRESSLY ACKOWLEDGED AND ACCEPTED: GRANTOR: Texas Department of Aging and Disability Services I: Name: Title: 090727 DSS to City of Denton Easement.doc � Page 8 of 10 Facility Concur.rence: : _ _ _ __ _��..�w. Nancy Condon Superintendent Denton State Supported Living Center TERMS AND CONDITIONS EXPRESSLY ACKOWLEDG�D AND ACCEPTED: GRANTEE: City of Denton, Texas Accepted this day of � �, ,�, 2009, for the City of Denton, Texas (Resolution No. 91-073). �� : Paul Willia�nson Real Estate and Capital Support Manager 090727 DSS to City of Denton Easement.doc f Page 9 of 10 � � ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF TRAVIS § BEFORE ME, the undersigned authority, a Notazy Public in and for the State of Texas, on this day personally appeared , acting on behalf of GRANTOR, lcnown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of.0 —�.....� _�..� ..... -- _ � A.D. ' Notary Public in and for the State of Texas ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , acting on behalf of GRANTEE, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of � A.D. — Notary Public in and for the State of Texas 090727 DSS to City ofDenton Easement.doc Page 10 of 10 �- � µ rthur Survey;ing Co., Inc. ProfessioaaY Land Srzrveyozs P.O. Box 54 � I,ewisville, Texas 75067 Offco: (972) 221-9439 -- Fax: (972) 221-4675 � � ' E��IT ��A" Sanitary �'ewe� and Nrate� Easement 1.741 acres out �of the M.E.P. & P.R;R. Co.��a��rv�y� Abstract No. 950 City o£Denton, Denton ;�`�r��, Texas :��^:��fiC°a �, .�,"��l �c�r� 1`c��1; �a� ��d si�r�� a�� .1�.1?. � P.RR. Co. Survey, Abstract No. 950, City �?� �'�� Y� *� �� i�� rk ��" t�i�t �ertain tract of land described in deed to the ��,�� '��.� �`��r��'�i �r� �w't��u�r� 4:3�, 1�� l.� �:Cthe Real Property Records of Denton County, '�`��, �� W7�i �t�d��: t�°�c� la�art� L�ac�,�� rti��,�d�a�� described as follows: . , ]�:�C a��`�T:�i�.Y �t �. �c�i.�t �rar r��a�� ;� 1:h� �st�� u�� x �`� �1, �3�� , �� ,a�L��r�t� ��c�, �� cicl.itir�r� tta �%� �"i�:�r �rf L?��tc��, i)�rat�aa� ��r�i�„ °�"�;x��s, ��c��i.r�� c� t�� r��w�sa�r�c�ardcc� i�� 1; %:�q �'�,�� '�� i �� t; ��ax�C� �at �:i��tra�z Ga��rr�� "mi�x�, s�� p�i�a� ��e� ��a'�[�i �� 7 a��ir�r��t,s �C� ��z��ls ��t„ � �i�,��.c� c��' T��.�� :f�� ir�a�� ;�/�-�a�� r�n �°�� `c�ur�cl �'��° 1�1�� r��f ��t �a��eA° ��" �� T.c�t �:l �7�� t�� wr1:�� « ��" �,.,�t �.p, :��ack A of said Robinson Oaks; ; TI�NCE over, across and through said State of Texas tract, the following ten (10) calls;. North 27 degrees 39 minutes 31 seconds East, a c�istance of 88.11 feet to a point for corner; North 28 degrees 20 minutes 52 seconds East, a distance of 679.37 feet to�a point for the beginniug of a curve to the left; i , � With said �curve, having a central angle of 12 degrees 12 minutes 49 seconds, a radius of 985.00 feet, a chord bearing and distance of �Tortli 22 degrees 14 minutes 29 seconds East — 209.57 feet, an azc distance of 209.97 feet to a point for the end of said curve; North O1 degrees 57 m.inutes 27 seconds East, a distance of 36.81 feet to a point for corner; South 88 degrees 02 minutes 33 seconds East, a distance of 10.00 feet to a point for corner; North O1 degrees 57 minutes 27 seconds East, a distance of 1069.08 feet to a point for corner; South 87 degrees 48 minutes 45 seconds East, a distance of 22,48 feet to a point for corner; North O1 degrees 43 minutes 25 seconds East, a distance of 136.80 feet to a point for comer; North 07 degrees 16 minutes 02 seconds East, a distance of 103.90 feet to a point for comer; North O1 degrees 43 minutes 16 seconds East, a distance of 285.99 feet to a point for corner in the south right�f-way Iine of Unicorn Lake Boulevard (an 80-foot wide right-of-way), said point being the beginning of a curve to the left; � Sheet 1 of 4 ; . ._ . i. . .� f � ��1��.�� •�� r� �� .��"`�r��""��:��r��aaa�" .�"�x�" :�nx.�~��.�rr.�a� P.O. Box 54 �- Lewisvillc, Texas 75067 Ofl'ice: (972) 221-9439 -- Fa�c (972) 221-4675 1'� I:.�C�F�, r�zt� s��.�� <.��e�re ��c� �h� �c��t��. ➢�r�� a�" ��i �Jx��oi-� �r�c� L��r�al��,��c�, ��v�r�� . ��nkrai ��e caf. (�� r��,� �� a�r�tx�c�� e�c��s� �. r��iu� ��'��.'��,��t� � �l��a�°� ��-i.n� ��c3 �ist�� "��k�,� �� c�� 5� �airi�� Q �a:�� 1�-� ��:(1� f��rr �r� r.$i��r�� a1"�'5.��, �'�� a � p�ir�t �"��° ti�� 1:" ��ir�, ��r�✓�� , , ; � THENCE departing the south line of said Unicom Lake Boulevard and over, across and through said State of Texas tract, the following eight (8) calls: ; South O 1 degrees 43 minutes 16 seconds West, a;distance of 287.90 feet to a point for comer; South 07 degrees 16 minutes 02 seconds West, a Idistance of 103.90 feet to a point for comer; , , • . South O 1 degees 43 mi.nutes 25 seconds West, a:distance of 160.79 feet to a point for corner; North 87 degrees 48 minutes 45 seconds Wes� a;distance of 22.59 £eet to a point for corner; South O1 degrees 57 mi.nutes 27 seconds West, a;distance of 1085.10 feet to a point for the begi.nning of a curve to the right; ' • � i � , i • � � With said curve, having a central'angle of �12�degrees 27 minutes 37 seconds, a radius o£ .�_;. - 1020.00 feet, a chord bearing and distance of South 22 degrees 07 m.inutes OS seconds West — 221.3 8 feet, an aazc distance of 221.82 feet to a point for the end of said curve; South 28 degrees 20 minutes 52 seconds West, a distance of 679.16 feet to a point for comer; � , South 27 degrees 39 minutes 31 seconds Wes� a Sistance of 64.40 feet to a point for comer in the north line �f said Lot Q.1; � � � � � �i re TI�NCE South 83 degrees 47 minutes 20 secon�s West, �with the north line of said Lot 41, a distance of 42.15 feet to the POINT OF BEGINNING, containing 1.741 acres of land, more or less. o /°"� w': C] � � �� ! ��I PP�9 J� � ": � � ,.,. �. �� 602y � ' ""��,, �`�"��s��"�:��. �,�,� � ��,�� Sheefi 2 of 4` GRAPHIC SCALE (ia feet) 200 � � if'�LI 200 1 inch = 200 ft I� � .:� �* ti 0 � STATE OF TEXAS ' (VOC. 435, PG. 12) � EXH I B! T � "B" i JI-IEG 1 J oF `t ��`�E — SHEET 4 OF 4 mimouuwuWU¢ uuu�uwwwu ioi�uuuumou� miwwiwwuuuu . �� , ��".�,��. , d' i � � ' i � � �� ` -°- VARIABLE WIDTH PERMANENT ��"-� "'� WAIERLINE EASEMENT � � (INSTR. N0. 2003—R0009427) ' ��'� � � S), i �, 9 � % / , � SANITARY SEWER :AND , , WATER EASEMENT � , 1.741 ACRES � � � �� STATE OF TEXAS � •� � a.9�.F' �C �, �. �,,r � (VOL. 435, PG. 12) ��C � �� , I � 20' GAS EASEMENT � I I �� L�^"'#�.1 �7 : { �"'" . ,,, �.��., �� 5 8" I.R.F. �_�°,d" 40� LOT 41 �"`��"� �� (�M.) ; BLOCK A �,�'� ��" OAKMONT II, SECTION IIA ROBINSON OAKS �� (CAB. S, PG. 176) (CAB. U, PG., 892) � � � � , N07ES: '� � 1. I.R.F. = Iron Rod Found; �C.M. = Controlling Monument; AIl found iron rods are 1/2" diameter unless othenvlse�noted. • 2 Bearing system for thls survey is based on the Texas State Plane Coordlnate System, North Central Zone (4202). 3. See Sheet 4 of 4 for line and curve tables. SANITARY SEWER AND � WATER EASEMENT � 1.741 acres out of the M.E.P. & P.R.R. Co. Survey, Abstract No. 9S0 City of Denton, Denton County, Texas � i V � �y� �� . � � °„ � � � � z° � � ¢ �.d �� j tD � 4 O W�N (� m O QQ Z ]� W I- f- z v �_,.«%�r�r�� w�'�r a..wT�. »��.w ...,. . C+ �� sQ2�y� �,yrd:". ��+�� ` rthur Surveying Co.; Inc. , Pxofessiona.T Land Szuveyors , 972 221-9439 � Fax 972-221-4675 � 220 Elm Streef, Suife 20D -- P.O. Box 54 � Lewisville, Texas 75067 I � i .� ,'e'r GRAPHIC SCALE (in feet) 200 �p ` 100 200 S inch'= 200 fk EXHIBIT; "B" SHEET 4 OF 4 ( � i UNI �� , � ( i G � � i � 4 o� � STATE OF TEXAS � (VOL 435. PG. 12) 0 CORN LAKE BOULEVARD (80' R.O.W.) � �� u�(� I.R.F. "��" � (C.M.) t.== �. G��" ' R=99�•.�3' � � t�aa � �t�' ��N'I�',r�1�Y ��. ' S�'�9� C�t�;I�M��9"Y" �VC�� 1'��3, F'� 1�� . � ..-..�-_� -�,�'...... � �� M � .�._.„ ,�� .�..�.._ .�.�,_.� I �"'�"'�°" �"_ . "`"". _,��_�M �� EASEMEN7 i �IT I � � i j 1.741 ACRES � aD J � w � ¢� � �� -�,M%t o iti I � �J ¢ � �� v � '� `� L13 � �20' GAS ESMT. U � II �� Z N W d- i ¢ � � J O O 2 U � 4 H- � CURVE LENGTH RADIUS 8)E�L`�"� BEARING CHORD z � �IJRV� TABk..�: � � � � o � i C1 209.97 ....�_.._._.�.W_.w .�... � w W� G2 25.01 "` 994.93' 01'26'25" S89'52'40°E ° 209.57 � � II �� I ' 985.00' 12'12'49" N22'14"29"E n �� w o __ 25.01 ° r. c� o � �_ �._ C3 221.82' 1020.00' 12'27'37" 522'07'05"W 221.38' i � w N ! I ��zZ � ^� �^..'�9 �` � �� „r.,"�i'- �,�,��I'�r�'� �"„�, STATE �OF TEXAS ¢ � z ��'"'`�' � � • (VOL. 435, PG. 12) �� > � ._, � �t��l� .� " � 6021 � ��".. ��".—.� c" p"`","��a �,,+r �, � '"�',� ,��' ��t�?..�• q� � ' � ..»..• .. , �` � ^�"�3��"��'�' `MATCHLINE — SHEET �3 OF 4 SAIVITARY SEWER AND ' � WATER EASEMENT �� , � �� rthU� SU�Veylllg CO., I11C, 1.741; acres out of the � . ; Professional Land Surveyors M.E.P. & P.R.R. Co. Survey, Abstract No. 950 � ' 972 221-9439 � Fax 972 221-4675 220 Elm Street, Sui[e 200 � P.O. Box 54 City of Denton, Denton County, Texas ' Lewisville, Texas 75067 ; � I � � r � 1 . , ' �/ Exhibit "C" (to a"Pipeline Easement [Sanitary Sewer and Water]" between the Texas Department of Aging and Disability Services and the City of Denton, Texas, covering approximately 1.741 acres at tlle Denton State Supported Living Center) The City of Denton, Texas ("City"), will provide in-kind work valued at Thiriy Thousand Dollars ($30,000) at the Denton State Supported Living Center, as specified below. All work will meet the needs of and will be subject to approval by Denton State Supported Living Center, such approval to be exercised reasonably, and the value of all work will be demonstrated by the City by providing copies of paid invoices to Denton State Supported Living Center. All in-kind work will be performed and completed within twelve (12) months from tl�e date that the Pipeline Easement becoznes effective. Fencing: The City will relocate an existing Denton State Supported Living Center fence and gate to the edge of the Easement Area. The fence and gate enclosure will be continuous without gaps at all times to ensure safety. Temporary orange safety fencing may be used to help ensure control of unauthorized departure of individuals from Denton State Supported Living Center. The City or its contractors will check in and out at Denton State Supported Living Center's Plant Operations Offce daily until this work and the work below is complete. Parlring/Pavement: The City will design and install a wider entrance area to the Denton State Supported Living Center warehouse for truck delivery so that it will be easier for trucks to negotiate the existing curve. The City will extend an existii7g parking lot southward to compensate Denton State Supported Living Center for the parking stalls that will be removed during the City's excavation in the Easement Area. The total number of parking stalls in the parking lot after excavation will be the same as before the redesign of the parking lot. The City will ensure a means of keeping the flow of deliveries to Denton State Supported Living Center's Building 591 Vocational Services Warehouse (aka, ICD) open at all times and by whatever temporary means possible to prevent damage to curbs, sidewalks, and landscape. Excavated dirt and asphalt may be placed by the City at the curbs to allow the trucks in and out of the dock area. Trees:. The City will replace all trees that tliey damage or remove fronn the Denton State Supported Living Center by providing and installing two �2) trees for every one (1) tree that is dai�laged or removed. New trees will be either Live Oak or Red Oak varieties and will be placed at locations determined by Denton State Supported Living Center. The City will also provide and instal] additional trees if and as necessary to bring the value of its total in-kind work to $30,000 ("Surplus Trees"). 4. Gravel: The City will install a flex base (gravel) surface across an existing natural gas pipeline easement area and the Easement Area granted to the City so that trucks may enter tlirough the relocated gate without causing damage to the Denton State Supported Living Center grounds. The City will also install a gravel transition to the existing dirt road that leads to the garbage bins. Drainage areas are to be kept intact or will be relocated by the City to meet the needs of the City and Denton State Supported Living Center to prevent ground erosion. 090618 DSS to City of Denton Exhibit C.doc �. Page 1 of 1 AMENDMENT TO PIPELINE EASEMENT (Sanitary Sewer and Water) STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § This Amendment to Pipeline Easement (this "Amendment") is entered into by the Texas Department of Aging and Disability Services ("Grantor") on behalf of its Denton State Supported Living Center ("Facility") and the City of Denton ("Grantee") as an amendment to a Pipeline Easement (the "Easement") between Grantor and Grantee effectively dated September 30, 2009, and recorded in the official public records of Denton County, Texas on January 29, 2010, under document number 2010-8935. Any capitalized term used in this Amendment and not defined has the meaning ascribed to it in the Easement. RECITALS I. The Facility is located adjacent to a local road known as FM 2499, which is being realigned and reconstructed by the Texas Department of Transportation ("TxDOT"), also being the general location of the Easement. Due to the shift in alignment of FM 2499, Grantee will not have rights to the land area owned by the Facility and desires to add additional land area subject to the Easement to access the pipeline(s) or other improvements located there. II. Grantor and Grantee desire to add certain land area to that described in the Easement under the same terms and conditions set forth therein. AGREEMENT I. The Easement is modified to amend the Easement Area described therein to include additional land area (the "Added Easement Area") as described in Exhibit A attached, which is hereby incorporated by reference, and made therefore, a part of this Amendment. The reservations, rights, duties and any or all conditions of the Easement shall apply to the Added Easement Area. II. The Easement remains in full force and effect, unmodified except as provided by this Amendment. [signatures continue on the following pageJ � � This Amendment is deemed to be in force on the � day of ��) , 2014. TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED: GRANTOR: Department of Aging and Disability Services : � ��r�r�i��m�at . :"�t��'�i��ic�r��° GRANTEE: ' .�`,di� of Denton, Texas Accepted (Resolution No. 91-103) �� Y' � � 4 . � , �rv��..,w. B . �� ° � �� Paul Williamson � Real Estate Manager STATE OF TEXAS § § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jon Weizenbaum, Commissioner of Department of Aging and Disability Services known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. G��"� .�'�' iJNDER MY HAND AND SEAL OF OFFICE this �'�� day of ..... �� _� A.D. 2014. .........,, �.�n.��n_, en.�__....__..........__....._..._. � °_ ��'�� u�_.��_ ,.� � ........... . ��... �.�..��... ..��n.�._ Notary Public, State of Texas My commission eXpires: w w _� � �� "�� I�B�,.�� I� � � �� "��r Ih�� a��Bn� ��,�� '��°S� �� °�� W�� oa��ofl��u�uo IE��uir�� •2�� „ „ �� .�.,� �� 62��a�� a��nd STATE OF TEXAS COUNTY OF DENTON . BEFORE ME, the under�i�;�a�.c1 �w��1;1��ri��, a� Notary Public in and for the State of Texas, on this day personally appeared ��'�,��"� ��,��'w� ��? � ��°�,� �i°�'��"�';�� /�,��,��m ", . known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN iJNDER MY HAND AND SEAL OF OFFICE this _ .-�'�� day of ... ��`�_.... , A.D. 2014. � µ9kUpNy�u'q, p�p�q pJI p�p p�yry�^� p�yy y �ryyry�II �W, ��y ,, �y'�+G k�J,��yr II.�W�dP'��II W� U4WW�W1,�4��W��M�"M1�R'Mw9tlNwNd'R'�� u� �m�� I �M� m +�� ;&;➢0.'�'BU6U�6�@�'��V �;��W�"k �� o�w�l�� a �� "� � --------- ��' �°" �� ' m �� .... � � .... ..... Notary Public, State of Texa� My commission expires ��`� ,��,�� recArbl v►� r�.-�urr�� : City of aenton Engir��r�� Department 901-i� �� Street Denton, Texas 7�209 Attention: Paui Williamson �,; ��.� rthur Surveying Co., Inc. � �a Professional Land Surveyors ................... �.� �.IlSV � � �...............ww� �..............�.� �._W...�..w.�... _------- --� L�+'6� ' llll.II.� �}�°�;'�"0�' ?'?0 IEa➢urcx 5�.. {� `�°CiC7 4l°Y'� ��n�C �}�.6.s k.,e�is�rn��. 1�� r�ftrs7 �1�mntor�. '�'� "'i�a'?iL3 I�kz. (9%'2) ��I _-4�434 ff�tu. Q��dO� �Q35—�D�.7 �'�'Gt"1 C�'da 100C3(9C1Q "P�h°�i� :VU. AQIl9�iE�Cs� �w��.lh➢i�Pn�d �.�lE3G �n•P,2atirtt°�ans�vc�n��;.cras� EXH�TT A SAIVITARY SEWER AND WATER EASEMENT 0.030 ACRES CITY OF DEN'TON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P. R.R. Company Survey, Abstract Nunnber 950, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to the State of Texas, recorded in Volume 435, Page 12 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COIVIIVIENCING at a'/z inch iron rod found for comer in the south line of said State of Texas tract and being at the northeast comer of Lot 40 and the northwest corner of Lot 41, Block A, Robinson Oaks, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet U, Page 892 of the Plat Records of Denton County, Texas; THENCE North 83 degrees 47 minutes 20 seconds East, with the north line of said Lot 41, a distance of 151.48 feet to a point for corner for the southwest corner of a 20 foot wide Gas Easement, recorded under Instrument Number 2006-27066 of the Rea1 Property Records of Denton County, Texas; THENCE North 27 degrees 39 minutes 31 seconds East, over, through and across said State of Texas tract and with the northwest line of said 20 foot wide Gas Easement, a distance of 64.40 feet to a point for comer; THENCE North 28 degrees 20 minutes 52 seconds East, continuing over, through and across said State of Texas tract and with the northwest line of said 20 foot wide Gas Easement, a distance of 679.16 feet to a point for comer, being at the beginning of a curve to dxe left having a radius of 1020.00 feet; THENCE continuing over, through and across said State of Texas tract, with the northwest line of said 20 foot wide Gas Easement and with said curve an azc length of 221.82 feet, having a delta angle of 12 degrees 27 minutes 36 seconds, whose cord bears North 22 degrees 07 minutes OS seconds East, a chord distance of 221.38 feet to a point for corner; THENCE North O1 degrees 57 minutes 27 seconds F,ast, continuing over, through and across said State of Texas tract and with the west line of said 20 foot wide Gas Easement, a distance of 41.12 feet to the POINT OF BEGINNII�TG, said point being the intersection of the west line of said 20 foot wide Gas Easement and the northwesterly line of a Variable Width Permanent Waterline Easement, recorded under Instrument Number 2003-R0009427 of the Real Property Records of Denton County, Texas; THENCE North O1 degrees 57 minutes 27 seconds East, continuing over, through and across said State of Texas tract and with the west line of sa.id 20 foot wide Gas Easement, a distance of l 19.22 feet to a point for corner; p:\jvc�2008\cod�hickory creek outfall - 640050539\dwg\1210225 esmt revised.doc ,; �,, rthur Surveying Co., I nc. V � Professional Land Surveyors tEn��sviL� 2'd.0 Elm St., # �00 Lewisville. TX 7�057 Ph. (972) 221-9439 TFRN N0. 100G3Ei00 Established 1986 DENTON 117° Bent Oaks llenton. TX 7E3'L10 Ph. (9Q0) 435-5155 TFR;I V0. 1O1�:i8GB arthursurccying.com THENCE South 81 degrees 31 minutes 31 seconds East, continuing over, through and across said State of Texas tract, a distance of 20.02 feet to a point for comer in the westerly line of said Variable Width Permanent Waterline Easement, said point being at the beginning of a non- tangent curve to the right having a radius of 1006.00 feet; THENCE continuing over, through and across said State of Texas tract, with the westerly line of said Variable Width Permanent Waterline Easement and with said curve an arc length of 118.70 feet, having a delta angle of 06 degraes 45 minutes 37 seconds, whose chord bears South 11 de�rees 36 minutes 36 seconds West, a chord distance of 118.63 feet to the POINT OF BEGINNING, and containing 0.030 acres of land, more or less. , � a� � �"� �� p:ljvc�2008�codlhickory crcek outfall - 640050539�dwg\1210225 esmt revised.doc � � �"'� ��r��il�� ,'�k ��„ � �� , � a�� t� , �� IY �� +hr� ��,,.0��4" U �6��'� � �� 1�� ,�°V�� u� � . t r1 J;�A�" a i ,� �1��, � / f �" � �,� '��.��1::��. NORTH 200 0 200 Fee __ v W .��..�� ..._..._.� NOTES: I.ILF. = Uon Rod Found; C.M. m Controlliog Mammm� �� °� Y Sanitary Sewer and t Water ��xr��t � 0.030 Acres 'a'� �..4 �, �„��Voriable 1Mdth Pertnanent Waterlfne Easement �.� � µ (Inst No. 2003—R0009427) All found iron rods ere I/2" diameta imlau othawise noted. � I� �"^� • � � "\ Bearing rystem for this survey is basod on the Taotas State Pleee Coordinete Sy�tem. North Cenaal Zone (4202). ,,� �� t„�� State of Tezas %� �J a�aa��µ � J �. ��',�, ��raa�.a�c�' ��.�� °�, ,,� +� (Vol. 435, Pg. 12) '� ��,�: �a��a��s`� ��.��° +� Sanitary ��u��r crn�9 % �'�� ` *�� "�'� Water k.��rrd�^rb� � ooc. No. �(�td�—�!��a �� I � � � � �r / ( � � • � � � � � �, ��'I� �M� ��:�� d � '� � ...� � ��. �+�� »�� ';�. ��;'� � ,�' a � I / �,�� W '� c°y ' � ��`�� ,�� z � /�r ��M' A14 �"w,wrp�rs� � f.�, W a'�''n � '� �dtility ��r��rr��nl�� ( [y � � �"� "��al. "� t�7', F�c�. �3�»�S -�+ �� W_ � � ��" �a� �«��ra°o-�� 3»�"�� '� Pn�r�. �P�. ��7�•—��"�6�a + / �� . � � � _.µ.. --� .��. � �� ._. �..��---� �_ .� u. .._� � �. �. .�.. / �„ .�.��°� �_� . �......� m_,,. � . P�„ ,�._�-•�.. .�� —�.a:� ��'�r"�.n I.R.F.� Lot40 � tg�.4E' Lot 41 Block A Robinson Oa�s (Cab. U, Pg. 892) / �� .�"��/ '� � Q. � � �, � � / �� r �.1NE 7'ABL� � _..�.L� �....... W. ��. .N27,..��I ��'��.�.u........._. wDl� TA� E�. 3 ... �.m. �� ...�.mm71 �2 .... �L4 1 1 �7 ". �...� �!�......,...,, L� N�3472� F #f�1.9�� .dRU� 7"A�� c�s��w�� .�rr�r�p r��NCr� o��rn cr+o�o ;' c� �� a� �n�s n� _ �.n� a�_.�a st?.�� "w �a� �,�'.. 5/8" I.R.F. (C.M.) Oa�mont II, Section IIA (Cab. S, Pg.176) EXHIBIT B SANITARY SEWER AND WATER EASEMENT 0.030 acres out of the M.E.P. & P.R.R. Co. Survey, Abstract No. 950 City of Denton, Denton County, Texas — 2013 — �a�wwV�r"�V�e��ar crt� wTr�u - m��a�'�w��+�wwpx�s.,�+>,m»� ,�,/��ar� ��a»a �u r�r � �k L y V fi �w� � ��,�,�� .�..� �< rthur Surve in Co. I nc. Yg � Professional Land Surveyors LEI/ISVILLE DENTON 220 Elm St., �k 200 1172 Bent Oaka Lewiaville, TX 75057 Denton, TX 76210 Ph. (972) 221-9439 Ph. (940) 435-5165 TFRN N0. 100B3800 TFRN N0. 10193866 Established 1986 �rt��u��a�ar�r��a�.��ra-� • � � . , . . : : , , �,��v$��.� ��o �a��g sc.. � �ao 6�:�g�wn�Q�o �°�K "7"ro057 ��. ��"!2p 2"�T.t—�Y�4�� 'Il"�`�� td�„ ��63�9�a ��Va��:�kn�� .&�O�b� COUi3C: N 01—J%-27 E Course: S 81-31-31 E Arc I.�ngth: 118.697 Perimeter: 257.937 ��4�c�rt Y & ��. ��t� �� Ile�an�qut� �'� "��pa �°�n,� Q9�tD� 4�5--�Aax �°�°�k� ��. ��Il�� rt�. ana��r.n:mv�,��a�.�ar� �i3tS11Ce: 119.220 Distance: 20.020 Radius:1006.000 Delta:6-45-37 Area: 1324.107 0.030 acres Mapcheck Closuu°e -(Uses listed cowses & COGO Units) Frror of Closure: 0.0011 Course: N 11-25-48 W Precision 1:225103.48 p:jjvc�20081ood�h[ckory ce�k outfall - 640050339Wwg�12102� esmc aoo Denton County Cynthia Mitchell County Clerk Denton, TX 76202 70 201 4 00035982 Instrument Number: 2014-35982 Recorded On: April 23, 2014 As Amendment Parties: DEPARTMENT OF AGING AND DISABILITY SERVICES To Comment: Amendment Total Recording 54.00 54.00 ( Parties listed above are for Clerks reference only ) ** Examined and Charged as Follows: ** Billable Pages: 8 Number of Pages: 8 ************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 2014-35982 Receipt Number: 1155524 Recorded Date/Time: April 23, 2014 11:30:51A User / Station: M Barnett - Cash Station 4 � � � r, �� '�� , * �"`;�' , �� Ty �d s � �� i � � � � µ� ��, w� w.aw�;,� �7 �.�,� � r�� M ��,,„. Record and Return To: CITY OF DENTON ENGINEERING DEPARTMENT 901-ATEXAS STREET DENTON TX 76209 THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certlfy that thls Instrumant was FILED In the Flle Number sequence an the date/tlme printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas. C�YclulL County Clerk Denton County, Texas