2016-090ORDINANCE NO. 2� 16-n9n
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
PRESENT AN OFFER TO THE CITY OF GARLAND ("OWNER") FOR THE PURCHASE
OF AN ELECTRIC UTILITY AND ACCESS EASEMENT LOCATED IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS, AND BEING GENERALLY LOCATED IN THE
1700 BLOCK OF SPENCER ROAD ("PROPERTY INTEREST") BY EXECUTING A
PURCHASE AGREEMENT FROM THE CITY OF DENTON ("CITY"), AS BUYER, TO THE
OWNER, AS SELLER, FOR THE ACQUISITION OF THE PROPERTY INTEREST FOR
THE AMOUNT OF TWO HUNDRED AND TWENTY THREE THOUSAND TWO
HUNDRED AND TWO DOLLARS AND FORTY CENTS ($223,202.40), AND OTHER
CONSIDERATION, INCLUDING TWENTY FIVE THOUSAND DOLLARS ($25,000.00)
FOR THE RELOCATION AND CONSTRUCTION OF A HAZARDOUS MATERIALS
STORAGE BUILDING, AS SET FORTH IN THE PURCHASE AGREEMENT
("AGREEMENT") ATTACHED AS EXHIBIT "A", AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas ("City") has approved plans
for the construction of multiple electric transmission and distribution lines, substation projects
and related facilities ("DME Expansion Projects");
WHEREAS, the DME Expansion Projects serve the public interest of the citizens of the
City by continuing to provide reliable electric service through electric utility infrastructure
expansion and improvements;
WHEREAS, numerous real property interests need to be acquired by the City to construct
the DME Expansion Projects; NOW, THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
The recitations contained in the preamble of this ordinance are incorporated by reference
as findings of the City Council.
SECTION 1. The City Council further finds that the acquisition of the Property Interest
is required for the DME Expansion Projects:
SECTION 2. The City Manager, or his designee, is (a) authorized to (i) execute the
Purchase Agreement attached as Exhibit A, (ii) present the same as an offer to the City of
Garland for the purchase of the Property Interest, and, if the offer is accepted by the City of
Garland, (iii) take any and all other action, and execute any other documents, necessary to
complete the purchase of the Property Interest as contemplated by the Purchase Agreement;
and, (b) to make expenditures in accordance with the terms of the Contract of Sale.
SECTION 3. It is the intention of the City Council of the City of Denton, Texas, that
if any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional
or otherwise invalid by final judgment of a court of competent jurisdiction such
unconstitutionality or invalidity shall not affect any of the remainder of this ordinance since the
same would have been enacted by the City Council without the incorporation of the
unconstitutional or invalid phrase, sentence, section or paragraph.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approvaL
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MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
,�}'b�����'�I��T� AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY�.... . �. �.. �� _ � ..P � � ��� � � _.. �.� ,,,,,....._......—.
EX H I B IT "A"
Easement Purchase A�reement
THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is between the City of
Garland, a Texas home rule municipality ("Garland"), and the City of Denton, a Texas municipal
home-rule corporation ("Denton") (collectively, "Parties") and is effective the date it is received
by Denton after it has been executed by Garland ("Effective Date").
WITNESSETH:
WHEREAS, Garland is the owner of Lot 3, Block 2, Municipal Utility Addition, an
Addition to the City of Denton, Texas (Doc. No. 2009-139, Plat Records, Denton County, Texas)
("Land") being affected by the public improvement project called the North Spencer Substation
to Spencer Interchange Transmission Line Project ("Project"); and
WHEREAS, Denton is in need of certain easements in, along, over, upon, under and across
the tract of land described above related to the Project; and
WHEREAS, it is desirous of the Parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is acknowledged, the Parties agree as follows:
1. At Closing, Garland shall grant, execute, and deliver to Denton:
A. An executed instrument granting Denton an easement for electric utility purposes
(the "Electric Utility Easement"), which is more particularly described and depicted in Exhibits
A and B attached hereto, in, along, over, upon, under and across the Land; the electric utility
easement instrument shall be in the form as attached as "Attachment 1".
B. An instrument granting Denton an access easement ("Access EasemenY'),
which is more particularly described and depicted in Exhibit C attached hereto, in, along,
1
over, upon, and across the Land to access the Electric Utility Easement. The Access
Easement instrument shall be included in the same form as the Electric Utility Easement
instrument attached as "Attachment 1."
2. As consideration for the granting of the Electric Utility Easement and Access Easement
(collectively, the "Easement Lands"), at closing Denton shall pay to Garland at Closing the sum
of $223,202.40 as compensation for the Easement Lands. As further consideration, Denton
agrees to pay Garland at closing the additional sum of $25,000.00 for the construction of a steel
storage,building on the remainder tract, which will store flammable materials currently being
stored by Garland in the single-story building overlapping and encroaching into and on the
Electric Utility Easement. All monetary compensation prescribed in this Section 2, $248,202.40,
is herein referred to as the "Total Monetary Compensation".
3. Garland stipulates that the Total Monetary Compensation payment constitutes and includes
all compensation due Garland by Denton related to the Project, including without limitation, any
damage to or diminution in the value of the remainder of Garland's property caused by, incident
to, or related to the Project; however, excluding damage to and/or costs of repair, replacement
and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or
facility of any kind located within the Easement Lands related to activities conducted by Denton.
4. The Closing (herein so called) shall occur in and through the office of Reunion Title, 2745
Wind River Lane, Denton, Texas 76210 ("Title Company"), with said Title Company acting as
escrow agent, on the date which is 60 days after the Effective Date, unless Garland and Denton
mutually agree, in writing, to an earlier or later date ("Closing Date").
5. The stipulated Total Monetary Compensation amount shall be paid by Denton at Closing to
Garland through the Title Company. All other typical customary and standard closing costs
2
associated with this transaction shall be paid by Denton, except for Garland's attorney's fees, if
any, which shall be paid by Garland.
6. THE LAWS OF THE STATE OF TEXAS SHALL 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 JURISDICTION OF DENTON
COUNTY, TEXAS.
7. From and after the date of execution of this Agreement by Garland to the date of Closing,
Garland 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 or upon the Garland with respect to the
Easement Lands after the date of Closing.
8. Any notices prescribed or allowed hereunder to Garland and/or Denton shall be in writing
and, except as otherwise provided herein, shall be delivered by telephonic facsimile, hand
delivery or by United States Mail, as described herein, and shall be deemed delivered upon the
earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile;
and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail,
registered or certified, �return receipt requested, postage prepaid, addressed as follows:
GARLAND:
City of Garland
Office of the City Attorney
Brian C. England
PO Box 469002
Garland, Texas 75046-9002
Email: bengland@garlandt�c.gov
Copies to:
For Garland:
DENTON:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Fax: (940) 349-8951
For Denton:
3
N/A City Attorney's Office
City of Denton
215 E. McKinney St.
Denton, Texas 76201
Fax: (940) 382-7923
9. 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.
10. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Easement.
11. Authority to take any actions that are to be, or may be, taken by Buyer under this
Agreement, including without limitation, adjustment of the Closing Date, are hereby delegated
by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General
Manager, Electric Administration of Buyer, or his designee. �
12. If the Closing Date or day of performance of any act required or permitted hereunder falls on
a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case
may be, shall be the next following regular business day.
13. All e�chibits attached hereto are incorporated herein by reference and made a part hereof. This
Agreement contains the entire agreement between City and Owner. This Agreement, including
the attached exhibits, may not be amended or modified except in writing signed by both parties.
14. Time is of the essence in the performance of this Agreement.
15. If any provision of this Agreement shall be held by a court of competent jurisdiction to be
invalid, the remainder of this Agreement shall continue in full force and effect and shall in no
way be affected or invalidated thereby.
4
CITY OF DENTON, TEXAS
�,,.� � ����.
��
BY: '� ~""
GEORGE C. �'�9"1� Z«F�i.�� �, �`
CITY MANAGER
Date: �..� �..�...._.._ ..................�...�....� 2016
ATTEST:
JENNIFER WAL`I��+����� CITY SECRETARY
B . � .,�
Y' : .�.
Date: �' � � , 2016
_ ........................................_.�„.��...,���.. .
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, +��':�:"��r'„�TTORNEY
I:
Date; � �
2016
Receipt of Agreement After Execution by City of Garland
Y ........._ ..�..� �...m,...,,,,,,,_._ , 2016, the City of Denton received a fully
On the da of
g .........� �
executed A reement from the Ci of Garland.
JENNIFER WALTERS, CITY SECRETARY
:
�
GARLAND:
CITY OF GARLAND, TEXAS
:
BRYAN L. BRADFORD,
CITY MANAGER
Date:
2016
APPROVED AS TO LEGAL FORM:
BRIAN C. ENGLAND, DEPUTY CITY ATTORNEY
:
Date: , 2016
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal� Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Reunion Title
Attn: Rebecca Arnold
2745 Wind River Lane
Denton, Texas 76210
Telephone: (940) 382-3030
Telecopy: (940) 382-3377
:
Printed Name:
Title:
Contract receipt date: w mm�__�...... �, 2016
�
EXHIBIT "A"
ELECTRIC EASEMENT
Lot 3, Block 2— Municipa! Utility Addition
BEING a 2.135 acre tract of land situated in the Mary L. Austin Suroey, Abstract No. 4, City of Denton, Denton County,
Texas, and being a part of Lot 3, Block 2 of Municipal Utility Addition, an Addition to the City of Denton, Texas, according to
the Replat thereof recorded in Document No. 2009-139 of the Plat Records of Denton County, Texas, and being mo�e
particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for an interior Northwest comer of the above cited Lot 3, said pofnt also being in an
interior East line of Lot 2 per said Replat of Municipal Utility Addition;
THENCE North 40°52'56" East along a common line between said Lots 2 and 3, for a distance of 115.25 feet to a point tor
comer, from which a 1/2 inch iron rod found for the most Northerly Northwest comer of said Lot 3 bears North 40°52'56" East
a distance of 45.91 feet;
7HENCE Soulh 89°27'04" East departing lhe common line between said Lots 2 and 3, for a distance of 739.36 feet to a
point for comer,
THENCE Souih 17°19'04" West for a distance of 316.50 feet to a point for comer;
THENCE South 06°23'48" East for a distance of 266.07 feet to a point for corner in an interior South line of said Lot 3 and an
interior North line of said Lot 2, from which an interior Southeast comer of said Lot 3 bears South 89°42'10" East a distance
of 106.95 feet;
THENCE North 89°42'10" West along a common line between said Lots 2 and 3, for a distance of 125.31 feet to a point for
comer, from which an interior corner of said Lot 3 and an interior Northwest comer of said Lot 2 bears Norlh 89°42'10" West
a dlstance of 25.78 feet;
THENCE Norlh 09°32'32" East departing the common line belween said Lots 2 and 3, for a distance of 266.87 feet to a point
for comer;
THENCE No�th 17°10'03" East for a distance of 246.64 feet to a point for corner;
THENCE South 89"55'55" West for a distance of 667.84 feet to a point for corner;
THENCE South 39°13'47" West for a distance of 118.43 feet lo a point for corner in a common line between said Lots 2 and
3, from which a PK nail found for an interior comer of said Lol 3 and an interior Southeast comer of said Lot 2 bears South
00°35'OT West a distance of 127.26 feet;
THENCE North 00°35'07" East along the common line between safd Lots 2 and 3, for a distance of 79.58 feet to the POINT
OF BEGINNING, and containing 2.135 acres of land, more or less.
NOTE; Bearings are referenaed to grid north o/ fhe Texas Coort9inate Sysfem of 1983 (No�ih Centrel2one; NAD83(2091) Epoch 2010) as
derfved �ocelly from Westem Data Systems Continuously Operating Relerence Sfations (CORS) via Reaf Time Klnemetic (R71Q survey
melhods. Distances represent surlac�e values ufilizing a surfece adjusfinent lacfor ol 9.000f 47317 fo scale from grid fo surface.
"���d �, Turrz�r, R.P.L.S. No. 4859
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
saasas-a�7�
Date: August 8, 2015
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LOT 3, BLOCK 2
MUNKCIPAL UTILI7Y ADDITI�N
DOC NO 2009-139
P.R.D.C.T.
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Coardinale System of 1983 (NoRh Central Zone; NAD83(2011) Epoclti 2010) as
derived locally from Wesfern data SysEems Conlinuously Operalin� Reference
Statio�s (COR5) via Real Time Kinemalic (f2iK) methods. The dislances
shnwn hereon represant surfac� values utilizing a combined scale Factor of
1.000147317 to scale irpfn grid to surfaae.
2. 7his Exhibit was prepared wifhout lhe ben�fit of a currenl Title Comn�ilmenl
or Report. Additlonal easemonts, righls-of-way and/or ather matlers af record
may affect this lracf ihat are not shown herean.
3. A Legal Description of eJen dale herev�ith accompanies this exhibiL See
page 1 of3.
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BEING A TRACT OF LAND SITUATED IN THE
MARY L. AUSTIN SUf2VEY, A�STRACT NO. 4,
AND BEING A PART OF LOT 3, BLOCK 2
MUNICIPAL UTILI7Y AbDITION
CITY OF DEIVTON
DENTDI�! COUN7"Y, TEXAS
DME13222
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NOTE'5:
1. Bearinc�s of lines shown hereon are refarenced to
Grid Norlh af the 7exas Coordinale Syslem of 1983
(North Central Zone; NADB3(2011) Epoch 2010} as
derived locally from Weslern Data Systems
Continuously Operaiing Reference Stations (CORS}
�a Real Time Kinematic (RTK) methods.'fhe
distances shown hereon represent surface values
utilizing a combined scale fador of 1.000197317 to
scale frvm grid to surtace.
2. ihis Exhiblt v✓as prepared without ihe benefit of a
currenf Title Commitment or Repprt. Addiiional
easemenls, righls-of-v+ay andlor other matters of
recotd may aifect this tract thal are not shown
hereon.
3. A Legal Description of even date herewith
accompanies this exhibiL See page 1 of 3.
EXHIBIT "B"
�
IE6.ECT �C EA��IVIENT
BEiNG A TRACT OF LAND SITUATEb IN THE
MARY L, AUSTIN SURVEY, ABSTRACT NO. 4,
AND BEING A PART OF LOT 3, BLOCK 2
MUNICIPAL UTILI7Y ADDITION
CITY OF DE1V iDN
DENTON COUNTY, TEXAS
D M E 13222
PAGE 3 OF 3
ATTACHMENT 1
TO
EASEMENT PURCHASE 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.
ELECTRIC UTILITY AND ACCESS EASEMENT
The CITY OF GARLAND, a Texas home rule municipality ("GRANTOR"), for and in
consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in
hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in
Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201
("GRANTEE") has granted, sold, and conveyed and by these presents does grant, sell and convey
unto the GRANTEE the following easements, rights and agreements:
A. Electric Utility Easement
1. A perpetual, exclusive, as to all others except Grantor (subject to the terms and
conditions of this instrument), and unobstructed easements and rights of way for the purposes of
erecting, operating, maintaining and servicing thereon one or more underground and/or above ground
electric transmission and/or electric distribution power and/or communication lines, each consisting of
a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances,
attachments and supporting structures, including without limitation, foundations, guy wires and guy
anchorages, and structural components (collectively the "FACILITIES"), in, on, over, under and across
Lot 3, Block 2, Municipal Utility Addition, an Addition to the City of Denton, Texas (Doc. No. 2009-
139, Plat Records, Denton County, Texas) situated in Denton County, Texas ("LAND"). The
ELECTRIC UTILITY EASEMENT being approximately 2.135 acres and being more particularly
1 of 6
(initials)
described in the attached Exhibit "A" and depicted in the attached Exhibit "B" ("ELECTRIC UTILITY
EASEMENT").
2. GRANTEE shall have the right of ingress, egress and regress in, on, over, under and
across the ELECTRIC UTILITY EASEMENT for the purposes of and right to construct, maintain,
operate, improve, reconstruct, increase or reduce the size and capacity (subject to the terms and
conditions hereo fl, repair, relocate, inspect, patrol, maintain, remove or replace such FACILITIES
within the ELECTRIC UTILITY EASEMENT as GRANTEE may from time to time find necessary,
convenient or desirable, along with all rights necessary or convenient for full use and enjoyment of the
above grant, including access over, across and upon the ELECTRIC UTILITY EASEMENT.
However, in the event GRANTEE determines it is necessary or desirable to increase the size and
capacity of the FACILITIES and such � increase in size or capacity interferes with GRANTOR' S
improvements or use of the LAND, GRANTEE must first obtain written consent from GRANTOR
prior to any such increase. GRANTEE shall have the right to trim or remove trees or shrubbery within
said ELECTRIC UTILITY EASEMENT, to the extent it is necessary to prevent interference with the
efficiency, safety, or operation of the FACILITIES or to remove efficiency, safety or operational
hazards thereto. GRANTOR shall not make changes in grade, elevation or contour of the ELECTRIC
UTILITY EASEMENT that interfere with the efficiency, safety, or operation of the FACILITIES, and
or impound water within, over and/or across the ELECTRIC UTILITY EASEMENT, without prior
written consent of GRANTEE.
3. GRANTOR, for itself, its successors and assigns, subject to the terms herein, expressly
reserves the right to occupy and use the ELECTRIC UTILITY EASEMENT for all other purposes that
will not interfere with the GRANTEE'S full enjoyment of the ELECTRIC UTILITY EASEMENT
2of6
(initials)
and/or the exercise of GRANTEE'S express rights hereunder.
4. GRANTOR acknowledges the ELECTRIC UTILITY EASEMENT granted herein is
exclusive, so as to exclude all other utility providers or any other party's use of the ELECTRIC
UTILITY EASEMENT; provided, however, the EASEMENT is nonexclusive as to GRANTOR'S
right to use the ELECTRIC UTILITY EASEMENT in accordance with the terms hereof. Upon written
consent of GRANTEE, which shall not be unreasonably withheld by GRANTEE, other utility
providers may be granted in the future under a separate instrument from GRANTOR the right of
ingress and egress, the right to construct, operate, maintain, repair, replace and remove their respective
utilities in, on, over, under, and across the ELECTRIC UTILITY EASEMENT perpendicularly or as
otherwise may be permitted by GRANTOR and consented to by GRANTEE in writing.
5. GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or
remove trees as provided herein, together with the right to install gates in existing fences within such
ELECTRIC UTILITY EASEMENT. However, prior to installing gates, GRANTEE shall provide
GRANTOR with unlimited access, so long as it does not interfere with GRANTEE'S right's herein, to
and through any and all gates, including but not limited to providing GRANTOR with a key, card, or
code access, whichever may apply.
6. GRANTEE acknowledges the presence of a single-story building overlapping and
encroaching into and on the ELECTRIC UTILITY EASEMENT. Notwithstanding any provision
contained herein to the contrary, GRANTOR retains any and all rights of ingress and egress, to use,
maintain, and occupy the structure, including any portions encroaching into the ELECTRIC UTILITY
EASEMENT. GRANTOR shall not construct, and GRANTEE shall have the right to prevent the
construction of, any structures on the ELECTRIC UTILITY EASEMENT that interfere with the
3 of 6
(initials)
efficiency, safety, or operation of the FACILITIES, or the express rights granted to GRANTEE herein
("UNPERMITTED STRUCUTURES"). In the event LTNPERMITTED STRUCTURES are hereafter
constructed or permitted by GRANTOR to exist within the ELECTRIC UTILITY EASEMENT,
without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same
and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal.
B. Access Easement
7. A perpetual, exclusive and unobstructed easement and right of way (collectively, the
"ACCESS EASEMENT") for free and uninterrupted pedestrian and vehicular ingress, egress and
regress in, on, over, and across Lot 3, Block 2, Municipal Utility Addition, an Addition to the City of
Denton, Texas (Doc. No. 2009-139, Plat Records, Denton County, Texas) for the purpose of accessing
the ELECTRIC UTILTY EASEMENT subject to the following terms and conditions:
A. GRANTEE'S primary point of entry to, and exit from, the ACCESS
EASEMENT will be from the "Entrance/Exit" depicted on Exhibit "C".
B. GRANTEE does not have free and uninterrupted pedestrian and vehicular
ingress, egress and regress in, on, over, and across the area depicted on Exhibit "C" as
"Restricted Area Entry by Permission Only" without express permission from GRANTOR.
(:". �� 1����hl� ia� I���kf� C�a.e l+�l���aµicu �.Stili�l l+'������c�ra� ���ac� L��� �a��sw 1+,,�,�cu����tt
8. The ELECTRIC UTILITY EASEMENT and ACCESS EASEMENT shall each
constitute a covenant running with the land and shall bind and inure to the benefit of GRANTOR and
GRANTEE, and the respecfive successors, and assigns of each.
9. GRANTOR has determined it is in the public's best interest to grant both the
ELECTRIC UTILITY EASEMENT and ACCESS EASEMENT and does so under its authority to
4of6
(initials)
acquire, sell, lease, convey, or otherwise dispose of property or an interest in property under the Texas
Constitution and Texas Local Government Code.
10. Notwithstanding any provision contained herein to the contrary, this conveyance is
subject in all respects to existing easements, rights-of-way, and prescriptive rights, including ri;hts of
ingress and egress, whether of record or not; all presently recorded and validly existing restrictions,
reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests and other
instruments, that affect the Property.
11. THIS CONVEYANCE IS MADE WITHOUT WARRANTY, EXPRESS OR
IMPLIED, AND GRANTOR EXPRESSLY DISCLAIMS, EXCEPTS AND EXCLUDES ANY
AND ALL WARRANTIES OF TITLE OR OTHERWISE FROM THIS CONVEYANCE,
INCLUDING - WITHOUT LIMITATION - ANY WARRANTIES ARISING UNDER
COMMON LAW OR UNDER SECTION 5.023 OF THE TEXAS PROPERTY CODE OR
OTHER STATUTE. BY ACCEPTANCE OF THIS INSTRUMENT, GRANTEE
ACKNOWLEDGES THAT THE EASEMENT IS CONVEYED "AS IS - WHERE IS, WITH
ALL FAULTS".
12. Both the ELECTRIC UTILITY EASEMENT and ACCESS EASEMENT are granted,
sold and conveyed by GRANTOR, together with all and singular the rights and appurtenances thereto
and in anywise belonging to GRANTOR, to GRANTEE, its successors and assigns forever,
WITHOUT WARRANTY AND SUBJECT 1N ALL RESPECTS TO THE TERMS, CONDITIONS,
AND DISCLAIMERS SET FORTH ABOVE. EXECUTED on the day of
...... , 2016.
[SIGNATURE PAGE TO FOLLOWJ
5 of 6
(initials)
:
GRANTOR:
CITY OF GARLAI�ID, TEXAS
DOUGLAS ATHAS, MAYOR
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
' g �_.�.�.��..........�..v, � 2016,
This mstrument was acknowled ed before me on the , of
by DOUGLAS ATHAS as MAYOR for the CITY OF GARLAND, TEXAS, a Texas municipal
home-rule corporation, on behalf of the said corporation.
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2"d Floor
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, State of Texas
6 of 6
......................�.���.
(initials)
EXHIBIT "A"
ELECTRIC EASEMEN7
Lot 3, Block 2— Municipa! Utility Addifion
BEING a 2.135 acre tract of land situated in the Mary L. Austin Survey, Abstract No. 4, City of Denton, Denton County,
Texas, and be(ng a paR of Lot 3, Block 2 of Municipal Utility Addition, an Addition to the City of Denton, Texas, accordirsg to
the Replat thereof recorded in Docume�i No. 2009-139 of the Plal Records of Denton County, Texas, and being more
particula�ly described as fotlows:
BEGINNING at a 1/2 inch iron rod found for an interlor Northwest comer oi the above cited Lot 3, said point also being in an
interior East line of Lot 2 per said Replat of Municipal Utiliry Addition;
THENCE North 40°52'S6" East along a common Ifne belween said Lots 2 and 3, for a distance of 115.25 feet to a point for
comer, from which a 1/2 inch iron rod found for the most Northerly Northwest comer of sald Lot 3 bears North 40°52'55' East
a distance of 45.91 feet;
THENCE South 89°27'04" East departing lhe common line belween said Lots 2 and 3, for a distance of 739.36 feet to a
point for comer,
THENCE Souih 17°19'04" West for a distance of 316.50 feet to a point for comer;
THENCE South 06°23'48" East for a distance of 266.07 teet to a point for corner in an interior South line of saici Lot 3 and an
interior North line of said Lot 2, from which an interior Southeast comer of said Lot 3 bears South 89°42'10" East a distance
of 106.95 feet;
THENCE North 89°42'10" West along a common line between said Lots 2 and 3, for a distance of 125.31 feet to a point for
comer, from which an interior corner of said Lot 3 and an inlerior Northwest comer of said Lot 2 bears Norlh 89°42'10" West
a distance of 25.78 feet;
THENCE Norlh 09°32'32" East departing lhe common line beiween said Lots 2 and 3, for a distance of 266.87 feet to a pofnt
for comer;
THENCE North 17°10'03" East for a distance of 246.64 feet to a point for corner;
THENCE South 89°55'55" West for a distance of 667.84 feet to a point for corner;
THENCE South 39"13'47" West for a distance of 118.43 feet to a point for corner in a common line between said Lots 2 and
3, from which a PK nail found for an interior comer of said Lot 3 and an interior Southeasl comer of said Lot 2 bears Soulh
00°35'OT West a distance of 127.26 feet;
THENCE North 00°35'07" East along the common line between said Lots 2 and 3, for a distance of 79.58 feet to the POINT
OF BEGINNING, and containing 2.135 acxes of land, more or less.
NOTE; Bearirtgs ana referenoed to grid north ol the Texes Coordinefe Sysfem of 1983 (North Centrel Zone; NAA83(2011) Epoch 20f0) es
derfwad Mcepy frorn Wesfem Data Sysfems Confinuously Operafing Reference Sfefions (CORS) via Rea! Time Kinematic (RTp survey
methods. 0lsfenoes mp�sent suAace values utilizing a swface edJusfinenf facfor o17.000947397 to scale 7rom grid fo surface.
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TOOD B. TURNER
Denton, Texas 76205 ••^:~�*~��"�'M'''°�'""
940-383-4177 , �� 4859 ��
Date: August 8, 2015 �^�,��::� s��'�,�,:��
ElectricEasement Page 1 0(3
LOT 2, 9LOCK 2
MUNICIPAL UTILITY ADDITION
DOC NO 200�3-139 ��q ��
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shnwn hereon r0present surface. values ulilizing a combined scale faclor af
1.000147317 to scale from grid la surface.
2. This Exhibi[w.a§ prepared without lhe benefit of a currenl 7itle Commiltnenl
or RepoR. �Addlilonal easemonts, cighls-of-way andJor other mallers qf record
may affect this tract U1al are not shovan hereon.
3. A Legal Description of even dale herewith accompanies ihis exhibit. See
page 1 of 3.
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MARY L. AUSTIN SURVEY, AgSTRACT NO. 4,
AND BEING A PART OF LOT 3, BLOCK 2
MUNfGIPAL UTILITY ADbITION
CITY OF DENTON
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NO iES:
1, Bearings of lines shown hereon are refarenced to
Grid North of the 7exas Coordinale System of 1983
(Norih Central Zone; NAD83(2011) Epoch 2090} as
derived locally frdm Weslem Data Systems
Continuously Operaiing Referenc� &tations (CORS)
via Real Tim� Kinematic (R7K) methods. The
distances show� hereon represent surface values
utilizing a combined scale factor of 1.000147317 to
scale from grld to surface.
2. ihis Exhibit was prepared withouf lhe beneftt oF a
current Titl.e Commitmeni or Repprt, Addition.al
easemei�ls, righls-of-vNay and/or othEr matters of
�ecord may affect this tracl ihat are not shown
hereen.
3. A Legal Descriplion of even date herewith
acaompanies this exliibit. See page 1 of �.
�/\f�7�L�1/ n���t
= LE�TR1� E�I►S�MIEINT
BEING A TRACT QF LAND SITUATEb IN THE
MARY L. AUSTIN SURVEY, ABSTaACT NO. 4,
AND BEING A PART OF LOT 3, BLOCK 2
MUNICIPAL UTILITY ADDITION
CITY OF DENTOhf
DENT�N CDUNTY, iEXAS
DME13222 PAGE 3 OF 3
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