2016-185ORDINANCE NO. 2016-185
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A"DRAINAGE
IMPROVEMENT WORKS AGREEMENT" BETWEEN THE CITY OF DENTON AND
WESTPARK GROUP, LLC, FOR THE IMPROVEMENT OF DRAINAGE 1N AND AROUND
THE AREA EAST OF S. WESTERN BLVD. AND NORTH OF PETERBILT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton desires to construct public drainage improvements in and
around the area east of S. Western Blvd. and north of Peterbilt and Westpark Group, LLC, has
agreed to contribute a portion of the costs for the same;
WHEREAS, Westpark will grant to Denton a drainage easement and contribute
$350,000.00 towards the completion of the public drainage improvements;
WHEREAS, Denton will release an existing drainage easement over land in contained
within, or in the vicinity of, new drainage easement, be responsible for the design and
completion of the Drainage Work, and contribute the balance of the costs of the Drainage Work
(presently estimated at $305,000.00);
WHEREAS, the public drainage improvements will beneiit both facilities owned by
Denton and future development in the general area by Westpark;
WHEREAS, Denton finds these public drainage improvements and this agreement to be
in the best interest of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The recitals provided in this Ordinance, as set forth above, are adopted by
the City Council as findings of the City Council.
SECTION 2. The City Manager, or his designee, is authorized to execute on behalf of
Denton (i) the Drainage Improvement Works Agreement, between the City and Westpark,
substantially in the form attached as Exhibit "A" which includes the matters set forth in the
recitals above and other consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Drainage Improvement Works Agreementp.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
1
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ��"�"+,���,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
�.������VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ^�� �� �
� � ._� . �..w
2
DRAINAGE IMPROVEMENTS WORK AGREEMENT
THIS DRAINAGE IMPROVEMENTS WORK AGREEMENT ("Agreement") is between WESTPARK
GROUP, LP, a Texas limited partnership ("Westpark") and CITY OF DENTON, a Texas home rule municipal
corporation ("Denton").
RECITALS;
A. Denton desires to construct public drainage improvements ("Drainage Facilities") in the
land described as the Drainage Easement Area (described and illustrated on the attached Exhibit "A") and
Westpark has agreed to contribute a portion of the costs for the same. Henceforth, any installation and
construction of, and other work necessary for the completion of, the Drainage Facilities are collectively
referred to as the "Drainage Work". The parties intend to set forth herein the agreements concerning the
performance of the Drainage Work.
B. Westpark will grant to Denton a drainage easement ("New Drainage Easement") in
Drainage Easement Area and contribute $350,000.00 towards the completion of the Drainage Work.
C. Denton will release an existing drainage easement over land in contained within, or in the
vicinity of, the Drainage Easement Area ("Existing Drainage Easement"), be responsible for the design and
completion of the Drainage Work, and contribute the balance of the costs of the Drainage Work (presently
estimated at $305,000.00).
D. The Drainage Work will benefit both facilities owned by Denton and future development
in the general area by Westpark.
AGREEMENTS:
In consideration of the mutual conditions and agreements set forth in this Agreement, and for
other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Westpark
and Denton agree as follows:
1. Plans and Specifications. The parties approve of the preliminary plans and specifications
for the Drainage Work attached as Exhibit "B", and Denton shall develop detailed final plans and
specifications consistent therewith as Denton proceeds with its planning and development activities (such
final plans and specifications being referred to herein as the "Drainage Specifications"),
2. Performance of Drainage Work by Denton. Denton shall complete all Drainage Work
pursuant to the Drainage Specifications by December 31, 2016. Denton shall perform all Drainage Work
in a good and workmanlike manner in conformance with sound and acceptable engineering practices
within the time periods provided herein. In performing the Drainage Work, or causing it to be performed,
Denton shall make adequate provisions for the safety and convenience of Westpark with respect to its
use of and operations on the Drainage Easement Area, as applicable, and shall cause all work to be cleaned
up promptly in order to minimize disruption or inconvenience. All Drainage Work shall be conducted in
full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions,
regulations, ordinances and orders.
Page 1 of 4- Drainage Improvements Work Agreement
3. Payment of Drainage Work Costs; Easements.
a. Westpark. In consideration of Denton's covenant and obligation to perform the
Drainage Work as provided herein and the release of the Existing Drainage Easement, Westpark,
within ten (10) days of the Effective Date, will:
i. Pay to Denton, in either certified funds or by wire transfer, the amount of
$350,000.00 as payment for the Drainage Work; and
ii. Execute, and deliverto Denton, the Drainage Easement attached as Exhibit "A".
b. Denton. In consideration of Westpark's financial contribution to the Drainage
Work as provided herein and the granting of the New Drainage Easement, Denton, within ten (10)
days of the Effective Date, will:
i. Execute, record and deliver to Westpark the Release of Drainage
Easement attached as Exhibit "C"; and
ii, Be responsible for any and all costs for the Drainage Work in excess of
Westpark's financial contribution.
4. Force Majeure. The deadline for completion of the Drainage Work may be extended by
written notice from Denton to Westpark, but only if the need for such extension is for reasons of Force
Majeure beyond Denton's control and only if Denton has been and is continuously and diligently pursuing
completion of the same using its best reasonable efforts. "Force Majeure" means an event or
circumstance which prevents one party from performing its obligations hereunder, which is not within
the reasonable control of the claiming party, and which, by the exercise of due diligence, the claiming
party is unable to overcome or avoid or cause to be avoided. Force Majeure shall include, without
limitation, strike, stoppage in labor, riot, significant fire, flood or ice damage, tornados, invasion,
insurgency, civil war, commotion, insurrection, blockades, embargoes, sabotage, epidemics, explosions,
acts of terrorism, military or usurped power, order of any court granted in any bona fide legal proceeding
or action, order of any civil, military or governmental authority (either de facto or de jure and including,
without limitation, orders ofgovernmental and administrative agencies that conflict with the terms ofthis
Agreement), or acts of God or public enemies. Notwithstanding the above, claims by Denton for Force
Majeure shall not include delays as a result of acts or omissions of Denton or governmental entities or
agencies under the control of Denton.
5. Remedies, In the event a failure of Denton to timely complete the Drainage Work,
Westpark shall have the right to construct the Drainage Work itself and to obtain reimbursement from
Denton for all actual costs reasonably incurred by Westpark as a result of such undertaking ("Takeover
Remedy"). In the event of a failure of Denton to timely complete the Drainage Work, if Westpark does not
elect to pursue the Takeover Remedy described above, then Westpark shall have the right to specifically
enforce Denton's obligations to construct the Drainage Work and/or pursue all other remedies available
at law or in equity.
6. Successors and Assigns. The acknowledgments and agreements of Westpark and Denton
shall inure to the benefit of and be enforceable by Westpark and Denton, as well as their respective legal
Page 2 of 4- Drainage Improvements Work Agreement
representatives, successors and assigns and (iii) be binding upon and enforceable against Westpark,
Denton and any of their legal representatives, successors and permitted assigns.
7. Other/Miscellaneous.
(a) Choice of Law. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED
STATES OF AMERICA AND THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT
OF RULES. THIS AGREEMENT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION
BROUGHT WITH RESPECT HERETO, SHALL LIE IN COURTS OF COMPETENT JURISDICTION IN
DENTON COUNTY, TEXAS.
(b) Headings. The titles and article headings contained herein are for purposes of
identification only and shall not be considered in construing this Agreement.
(c) Notices. Any notice, report or demand by Westpark and/or Denton with respect to this
Agreement shall be in writing and shall be deemed to have been sufficiently given or served to
the receiving party for all purposes upon such party's actual receipt or refusal of receipt when
sent by (i) registered or certified mail, return receipt requested, or (ii) personal hand delivery, or
(iii) overnight courier service, to the receiving party, as applicable, at the address shown beneath
the signatures below.
(d) Effective Date. This Agreement will become effective when all the parties have signed
it. The date this Agreement is signed by the last party to sign it (as indicated by the date stated
under that party's signature) will be deemed the Effective Date of the same.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the manner
appropriate to each, effective as of the date referenced in the first paragraph hereof.
WESTPARK:
WESTPARK GROUP, LP, a Texas limited partnership
By: Westpark Group GP, LLC, a Texas limited liability company, its general partner
By: The Rayzor Company, a��xas corporation, its sole manager
,��:���.��� �'��� �{�
�'����
__
By: Philip A. �� ��r, Vice President
Ex�cut�� by 1tu'estpark �n the ��,. � ��y c�f ��,���>#�''" �x° �',, , 2t11�.
Notice Address:
400 W. Oak, Suite 200
Denton, Texas 76201
Tel. No. (940) 387-8711
Fax No. (940) 566-1591
Page 3 of 4- Drainage Improvements Work Agreement
DENTON:
CITY OF DENTON, a Texas home rule municj �I corpr�r�t�on
� �
„���"�r� ����,F�� '`� £�44,���V��r�r .�,w<. ,�,.�
By: � " �` R .�' � � ` �d' �r {„� � °
Howard Mai�in, Interim �i�y iVlanager
� ��°��"'
�xecute� by �ity of C��rstgn or� th�;� ,�iay f�� ��11�.
ATTEST:
JENN�, �R WALTERS, CITY SC �t�TARY
� �
B '� � � ' �'�.�
Y' °'
�
APPI�(� ��J AS TO LEGAL FORM:
ANITA BURGESS, C1T1' ATTO EY
��._
BY: k� __.�
Notice Address:
City of Denton, Texas - City Attorney
215 E. McKinney Street
Denton, Texas 76201
Tel, No. (940) 349-8333
Fax No. (940) 382-7923
Page 4 of 4- Drainage Improvements Work Agreement
PUBLIC DRAINAGE EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, Westpark Group, LP, a Texas limited partnership, hereinafter called "Grantor,"
for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good
and valuable consideration to Grantor in hand paid by the CITY OF DENTON, a Texas home
rule municipal corporation, hereinafter called "Grantee", the receipt and sufficiency of which are
hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee,
the free and uninterrupted use, liberty and privilege of the passage, in, along, upon and across
certain property, owned by Grantor and situated in Denton County, Texas, in the Thomas Toby
Survey, Abstract No. 1285, and the James Perry Survey, Abstract No. 1040, and being more
particularly described in and depicted on Exhibit "A" and Exhibit "B" both of which are
attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement
Property").
And it is further agreed that Grantee, in consideration of the benefits above set out, will
have the right to remove from the Easement Property, such fences, buildings, and other
obstructions as may now be found upon said Easement Property; but only to the extent
necessary to complete the construction of the below described Drainage Facilities and maintain
same thereafter; provided, however Grantee will take reasonable efforts that are necessary to
minimize interference with and removal of any of such items.
The easement rights granted herein are for the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining public drainage and appurtenant connections
and related facilities ("Drainage Facilities"), said Drainage Facilities to be located in, along,
upon and across said Easement Property, with the right and privilege at all times of the Grantee
herein, it or its agents, employees, workmen and representatives to have ingress, egress, and
regress in, along, upon and across said Easement Property for the purpose of making additions
to, improvements on and repairs to said Drainage Facilities or any part thereof.
Grantor shall have no obligation to construct or maintain the Drainage Facilities but
reserves the right to construct such infrastructure improvements upon the property owned by
Grantor that adjoins the Easement Property ("Grantor's Adjoining Property") or otherwise
develop the Grantor's Adjoining Property so that water runoff therefrom, subject to the approval
of the City of Denton as set forth in its ordinances, rules, regulations, review and procedures,
will be directed to the Drainage Facilities.
Grantor hereby further reserves to itself, its successors and assigns, all rights in and to
the Easement Property and the right to use and enjoy the surface and subsurface thereof for
any and all purposes whatsoever, so long as such use does not unreasonably interfere with the
rights herein granted to Grantee.
Public Drainage Easement
Page 1
Grantor specifically reserves the right of passage over the Easement Property so long as
such use does not unreasonably interfere with the rights herein granted to Grantee.
Grantor further specifically RESERVES AND RETAINS TO ITSELF, ITS SUCCESSORS
AND ASSIGNS a non-exclusive right of way ("Waterline Right of Way") to use , from time to
time, the Easement Property for the location, placement, construction, operation, reconstruction,
alteration, maintenance, repair, replacement, and/or removal of temporary, on -surface water
pipelines, conduits, and appurtenant facilities ("Waterline Facilities"), which may remain
continuously in place within the Easement Property for no more than 90 days at a time. Such
Waterline Right of Way includes, subject to the written approval of Grantee, such approval shall
not be unreasonably withheld, conditioned or delayed, the right to place Waterline Facilities
inside of and through any box culverts or similarly enclosed Drainage Facilities. The Waterline
Right of Way is reserved for the benefit of and may be utilized by Grantor, Grantor's affiliate, RIL
Mineral Holdings, LP ("RILMH"), their successors and assigns and, subject to the written
approval of the City of Denton, such approval shall not be unreasonably withheld, conditioned or
delayed, any "Designated Rights User" which is hereby defined as any party designated in
writing by the Grantor, RILMH, and any of their successors and assigns to use all or any portion
of the Waterline Right of Way, including any lessee under any mineral lease, operator, oil
company, utility company, pipeline company, water well service company, or other party so
designated by Grantor, RILMH, or any of their successors and assigns. Any such Designated
Rights User's rights in the Waterline Right of Way shall be limited to and with respect to only
those rights so designated by writing of the Grantor, RILMH, or one of their successors or
assigns.
The grant of easement rights hereunder is made subject to any of the following as they
relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies
and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and
ordinances of municipal and other governmental authorities. The easement for the Easement
Property as provided for herein is made on an "AS IS" basis, and Grantee expressly
acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW.
Grantee, at its sole cost and expense, shall perform all work necessary in connection
with the Drainage Facilities (the "Work") in a good and workmanlike manner in conformance
with sound and acceptable engineering practices as expeditiously as possible. In performing the
Work or causing the Work to be performed, Grantee shall make adequate provisions for the
safety and convenience of Grantor, its agents, representatives, employees, licensees, and
invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize
disruption or inconvenience, and coordinate the Work with Grantor's contractors and
subcontractors. Grantee shall at all times construct, keep, maintain, use, operate or remove the
Drainage Facilities in a safe manner and in full compliance with all applicable federal, state,
municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders.
Grantor shill have no obligation, monetapt or non -monetary, -to maintain_ the Easement
Property.
Furthermore, the Grantor reserves the right to alter the subject drainage area at its own
cost so long as it is replaced by an alternative drainage solution that is in compliance with all
applicable City ordinances and regulations, and all other required governmental approvals have
been duly obtained ("Drainage Alternative"). Upon the City's final acceptance of the Drainage
Alternative the easement granted herein, after it has been determined by the City of Denton, in
Public Drainage Easement
Page 2
its complete and sole discretion, that it is notneeded now or in the future, shall be petitioned for
formal abandonment upon written notice to the City by the Grantor or its successors in title.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the
purposes aforesaid the premises above described. This easement, together with the provisions
of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its
successors and assigns and the benefit of Grantor, its successors and assigns.
Witness my hand to be effective this jkAd day of kw , , 2016 ("Effective Date").
Westpark Group, LP, a Texas limited partnership
By: Westpark Group GP, LLC, a Texas limited liability company,
its general partner
By: The Rayzor Company, a Texas corporation
its sole me
er
By:
Philip A. Btr, Vice President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instr vent was acknowledged before me on this the _day of
2016, by Philip A. Baker, Vice President of The Rayzor Company, a
Texas corporation, as the sole member of Westpark Group GP, LLC, a Texas limited liability
company, the general partner of Westpark Group, LP, a Texas limited partnership, on behalf of
said limited partnership,
4�' d:ASHLEYENDRES
tary Pubk, State of Tari
ya ommissionFx#rese4-MI9 Notary Public Stat of Texas
kt>VV 1 —
Accepted this O ay of DSC- , 2016 for the City of Deaton, Texas (ReWution No. 91-073).
By:
Paul Williamson
Real Estate Manager
After recording, please return to:
City of Denton
Utilities Engineering Department
901-A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
Public Drainage Easement
Page 3
Exhibit "A" to Easement
[DESCRIPTION OF DRAINAGE EASEMENT
SITUATED in the City of Denton, Denton County, Texas, and being a strip of land across portions of LOTS 5 and
6, BLOCK A, WESTPARK ADDITION, PHASE 2, as shown on Conveyance Plat thereof recorded under Denton
County Clerk's (Clerk's) File No. 2013-318, and said strip being more fully described as follows:
BEGINNING at'an "Arthur Surveying Company' 5/8" iron rod found in place for the northwest comer of Lot 1,
Block 1, R. D. Wells Interchange, shown on plat thereof recorded in Cabinet Y, Page 619, of the Denton County
Plat Records, and the most easterly northeast comer of said Lot 5 in a south line of Lot 3 in said Block A, and
near the east line of that certain railroad spur easement described in Assumption of Easement Rights to BC Rail
Spur, L. P. recorded under Clerk's File No. 2007-12766;
THENCE South 1 degree, 13 minutes, 25 seconds West with a common line between said Lot 1 and said Lots 5
and 6, and generally along said east line of rail spur easement, 89.02 feet;
THENCE South 66 degrees, 20 minutes, 55 seconds West across said Lot 6, 681.33 feet to a point in a west line
of said Lot 6 and the east line of Western Boulevard (variable width right-of-way) as described in instrument
recorded under Clerk's File No. 2007-81316, said point ming 20.192 feet North 8 degrees, 32 minutes, 55 seconds
East from an "RPLS 1640" capped 5/8" iron rod set for the end of a curve in said west line and east right. -of -way
line;
THENCE North 8 degrees, 32 minutes, 55 seconds East with said east line of Western Boulevard and said west
line of Lot 6, at 86.0 feet passing the common west comer of said Lots 6 and 5, and continuing with the west line
of said Lot 5, in all 171.99 feet;
THENCE easterly across said Lot 5, the following courses and distances:
North 84 degrees, 03 minutes, 30 seconds East, 149.69 feet;
North 66 degrees, 20 minutes, 55 seconds East, 442.91 feet; and,
South 88 degrees, 50 minutes, 30 seconds East, at 45.31 feet crossing said east line of rail spur
easement and continuing in all 45.86 feet to the PLACE OF BEGINNING, and containing 1.6234
acres.
Bearings used herein are based on Texas Coordinate System, North Central Zone, NAD 83.
This description compiled from previous surveys to accompany a survey map of the
described parcel.
G CURTIS SURVEYORS, LLC
TBPLS Firm No. 10194225
Gerald A. Curtis, RPL 1 07
`�p
M
Exhibit "B" t0 Easement
�6 o �O
J� J� �10
®a
U
10
40
•
OAle
0 ZTz-, 1300
lift
4.66.
a
ill
9
I
Q.
n
E
001)
p
®OMa�
Vitt
w
n
�
c�
06
E 00
s
r
3
Cr.
r
co
�
V)
O
vi o9
Mi
.4m
�a®-t
R
® C
C
I
Q.
n
E
C
®OMa�
Vitt
w
n
�
4
06
3
3
'
co
•
a
O
I
Q.
09
PA
E
C
®OMa�
Vitt
w
Q
O
d
U
Q.
r
~
C
®
Z
'C
Q
4
06
3
co
v
O
�
m t
Q
® C
C
O
d
U
Recorded On: January 06, 2017 03:39 PM
Total Recording: $46.00
Denton County
Juli Luke
County Clerk
Instrument Number: 2552
Real Property Recordings
EASEMENT
Number of Pages: 6
" Examined and Charged as Follows: "
*********** 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:
Receipt Number:
Recorded Date/Time
User:
Station:
2552
20170106000526
January 06, 2017 03:39 PM
Jason J
Station 4
Record and Return To:
CITY OF DENTON - ENGINEERING SERVICES
901 - A TEXAS STREET
DENTON TX 76209
STATE OF TEXAS
COUNTY OF DENTON
O� A;
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
*ye
County Clerk
""°"""
Denton County, TX
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: YOU SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
RELEASE OF EASEMENT
WHEREAS, by that certain instrument dated March 27, 2008, recorded at Document No. 2008-32334, Real
Property Records, Denton County, Texas, the City of Denton, a Texas home rule municipal corporation, is the
holder of an easement in, along, over, upon and across certain property more particularly described therein;
and,
WHEREAS, the City of Denton desires to have said easement remised, released and forever relinquished;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, the City of Denton, a Texas home rule municipal corporation, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, have
forever remised, released and relinquished and by these presents do forever remise, release and relinquish all
that certain easement interest created and established in the above-mentioned instrument.
Executed on the 36 day of NPC. , 2016.
CITY OF DENTON, a Texas come rule municipal corporation
By:
Howard Martin, Interim 6-ty Manager
ATTEST:
JENNIR WALTERS, CITY SECRETARYBy
APP VED AS LEGAL FORM:
ANITA BURGESS, CITY ATT ANEY
By: ?
�'� 14-7:2
Acknowledgment
State of Texas §
Denton County §
This instrument was acknowledged before me on theS ~Wday of 2016, by Howard
Martin, Interim City Manager, City of Denton, a Texas home -rule municipal corporation, on behalf of said
municipal corporation.
Page 1 of 1- Release of Easement
�aP4ubffi,tate of Texas
JENNIFER K. WALTERS
r s
_k�
NOTARY PUBLIC -STATE OF TEXAS
�.
COMM. EXP. 12-19-2018
"a,s ali
NOTARY ID 1117650
Page 1 of 1- Release of Easement
�aP4ubffi,tate of Texas
I��'RV��I�NIYIMVI'911nYN��IYll�il!
Recorded On: January 06, 2017 03:39 PM
Total Recording: $30.00
Denton County
Juli Luke
County Clerk
Instrument Number: 2551
Real Property Recordings
RELEASE
Number of Pages: 2
" Examined and Charged as Follows: "
*********** 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: Record and Return To:
Document Number: 2551 CITY OF DENTON - ENGINEERING SERVICES
Receipt Number: 20170106000526 901 - A TEXAS STREET
Recorded Date/Time: January 06, 2017 03:39 PM
User: Jason J DENTON TX 76209
Station: Station 4
® STATE OF TEXAS
i3tld
COUNTY OF DENTON
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon„ and was duly RECORDED in the Official Records of Denton County, Texas.
;mom Juli Luke
840 County Clerk
""•" Denton County, TX
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: YOU SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
TE JPQRARY CONSI'RUCTIOT�,EASl�M'I,.-Nl-
THAT Westpark Group, LP, a Texas limited partnership ("Grantor"), of Denton County, Texas, in
consideration of the sum of Ten Dollars and No Cents ($10-00) and other good and valuable
consideration in hand paid by the City Of Denton, a Texas home -rule municipal corporation
("Grantee"), receipt of which is acknowledged, does grant, bargain, sell and convey unto the City of
Denton, Texas, a temporary construction easement in, along, upon, over, under and across two separate
parcels identified and described on Exhibit "A" as (i) 50' TEMPORARY CONSTRUCTION
EASEMENT 0.7453 OF AN ACRE (PARCEL A) and (ii) 50' TEMPORARY CONSTRUCTION
EASEMENT 0.7867 OF AN ACRE (PARCEL B) for the construction of certain public drainage
improvements,
This temporary construction easement shall only be used by Grantee, its successors and assigns, in
connection with the construction of certain public drainage improvements AND is madesubject to any
and all easements, restrictions, claims, rights of way, encroaclunents, or encumbrances and any other
matters which are of public record or which would be disclosed by a physical inspection of the area
described on Exhibit "A" and/or rtin qqPqMX-RMTe-
area is disturbed by Grantee's exercise of any of under this easement, such area, shall be restored to the
condition,in which it existed at the commencement of such activities.
This temporary construction easement shall expire on the earlier to occur of.- (1) the completion of the
public drainage improvements; or(2) February 28, 2017.
TO H"E AND TO HOLD unto Grantee for the purposes aforesaid the premises above described. This
temporary construction casement, together with the provisions of this grant, shall constitute a covenant
running with the land for the benefit of Grantee its successors and assiims and the benefit of Grantor.
1— 11 1122MA I I E�z IM I I I NXI Jim �m III R; U 01 IN I [k ON I a 0012 V MA
N79 IJ1,151 1111.1111 will
HEMI EMIR
By: TheRayzor Company, a Texas corporation, as its sole member
BY'
Philip A. B#cr, Vice President
Page 1 of 2 — Temporary Construction Easement
This instrument was ac knowledged before me on this the Sof h day of 20M,
'I A. Bake� Vice President f 'flit, IYAr Corn An
DEQNA MCCLESKEY
My COMMISSION EXPIRES
M" is, 2018
Accepted this - day of
073),
By . .....
Paul Williamson
Real Estate Manager
y
-" - '4viammil
City of Denton
MY
901 -A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
Page 2 of 2 - Temporary Construction Easement
I
AA Aw
;ary I)u ic - State of Texas
Exhibit "A" —Temporary Construction Easement
SITUATED in the City of Denton, Denton County, Texas, and being a strip of land across a portion of LOT 5,
BLOCK A, WESTPARK ADDITION, PHASE 2, as shown on Conveyance Plat thereof recorded under Denton
County Clerk's (Clerk's) File No. 2013-318, and said strip being more fully described as follows:
BEGINNING at the southwest corner of Lot 3 in said Block A, said point being an "L" corner in said Lot 5, and
being in the east line of that certain railroad spur easement described in Assumption of Easement Rights to BC
Rail Spur, L. P, recorded under Clerk's File No. 2007-12766 and in the north line of that certain variable width
utility easement granted to the City of Denton by instrument recorded under Clerk's File No. 2007-20898, said
point being 0.55 foot North 89 degrees West from an "Arthur Surveying Company' 518" iron rod found in place for
the northwest corner of Lot 1, Block 1, R. D. Wells Interchange, shown on plat thereof recorded in Cabinet Y,
Page 619, of the Denton County Plat Records;
THENCE North 88 degrees, 60 minutes, 30 seconds West, crossing said rail spur easement and said Lot 5, in all
45.31 feet to an angle point;
THENCE South 66 degrees, 20 minutes, 55 seconds West across said Lot 5, and parallel with the common line
between said Lot 5 and Lot 6 in said Block A, 442,91 feet to an angle point-,
T L OWN
MUMMM37trieu Inaer Sam paInt
55 seconds East from an "RPLS 1640" capped 5/8" iron rod set for the end of a curve in said west line and east
right-of-way line and being also 112.9 feet North 8 degrees, 32 minutes, 55 seconds East from the common west
corner of said Lots 5 and 6;
THENCE North 8 degrees, 32 minutes, 55 seconds East with said west line of Lot 5 and east line of Western
Boulevard, 51.64 feet;
= U
17*7V-Pr
and 6, 508,15 feet to a point in said common line between Lots 5 and 3;
THENCE South 1 degree, 09 minutes, 35 seconds West with said common line between Lots 5 and 3, 76.03 feet
to the PLACE OF BEGINNING, and containing 0.7453 acres.
1�• �111!ql ��
TMMFMF�, MEMO=
This description compiled from previous surveys to accompany a survey map of the
described parcel.
SITUATED in the City of Denton, Denton County, Texas, and being a strip of land.across a portion of LOT 6
BLOCK A, WESTPARK ADDITION, PHASE 2, as shown on Conveyance Plat thereof recorded under Denton
County Clerk's (Clerk's) File No, 2013-318, and said strip being more fully described as follows:
BEGINNING at a point in the east line of said Lot 6, and in the west line of Lot 1, Block 1, R. D. Wells
Interchange, shown on plat thereof recorded in Cabinet Y, Page 619, of the Denton County Plat Records, Said
point being 89.02 feet South 1 degree, 13 minutes, 25 seconds West from an "Arthur Surveying Company" 516'
iron rod found in place for the northwest corner of said Lot 1, said point being near the east line of that certain
railroad spur easement described in Assumption of Easement Rights to BC Rail Spur, L P. recorded under
Clerk's File No. 2007-12766;
THENCE South 1 degree, 13 minutes, 25 seconds West with a common line between said Lots 1 and 6, and
generally along said east line of rail spur easement, 55.11 feet;
THENCE South 66 degrees, 20 minutes, 55 seconds West and parallel with the common line between said Lot 6
a -44QQ�v 2 ktw-�-'-2 w4C44-�z ly
said Lot 6 and the east line of Western Boulevard (variable width right-of-way) as described in instrument
recorded under Clerk's File No. 2007-81316, said point being on a curve whose center bears South 82 degrees,
58 minutes, 50 seconds East, 1417.50 feet;
THENCE northerly with said curve and said west line of Lot 6 and east line of Western Boulevard, a distance of
37.85 feet to an `RPLS 1640" capped 5/8' iron rod set for the end of said curve;
THENCE continuing with said west line of Lot 6 and east line of Western Boulevard, North 8 degrees, 32 minutes,
55 seconds East, 20.92 feet�
THENCE North 66 degrees, 20 minutes, 55 seconds East across said Lot 6 and again crossing said rail spur
easement, in all 681,33 feet to the PLACE OF BEGINNING, and containing 0.7867 acres.
Bearings used herein are based on Texas Coordinate System, North Central Zone, NAD 83,
This description compiled from previous surveys to accompany a survey map of the
described parcel.
G CURTIS SURVEYORS, LLC
TBPLS Firm No. 10 194225
aX1
Gerald A, Curtis, RIALS 164� V �7