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2016-256!'� • ! . ,.� . , � � , . *. . , � •�� _ . •; ; � �, ; �, . . 1 . � � •' ''' • ! •'' •, .. *. . �. •��.. �. . . . . � , � •, �, . �� . �• ' ••' :! • ! . � � � . � �� • , •' • ,• , ; � •, •�►••' !•'• • . ! • ', • . . . �• � �■ � .. �, �, . , � . �; . � , .. � � �. 'I �, �. . ! � � ;;. . , ..... ! �, ! �, ,... . . , � � � � ! l; � � , � �� .. . �� R�. [ , � . , ! . ♦ I, . � R , � ..: ! � '�, � . �...• � ��.. ♦ �:� ♦ :� � �. � �. � :� � . ..• � ♦. � :� � ,� . � . � , '! F : , � ♦ . �: • � �, ♦ . '. � .. .:• ♦ : � � , :� � �. .. , I I � R�. � ��. , I, ' • � • " • �- • -r � - �- - !� �. -- - �- -- - • �- • , ;� . � !- - �� - � • � ; - - * ' s� . • . � � ��- �- , - ' �#- - � , - . -r • • a � • • . • . • � - • + � • � � I� • , �. •. • -� w . -� - - • , r . � .�- , �. - -� � • • �. � • � � • r• . � � � - - , ;� ' • • r r !- � + . � . � - �• . � . .+- - • . • �- - �� . ..- . . � � � . • r . �i • . � . � �' ,- - • � ' � . •- � • '. • � . - . . . -r - • . � : � �. , r .�,- •, - -� � i - - . •. � � • � �• . � r � - � . �. ! # • ! !• ' ' : •'�` SECTION 1. The findings set forth in the preamble of this Ordinance, as we11 as Cl��t��aii:� ,�, �3 ��t� (', are incorporated by reference inta the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Development Agreement in l�xl��kaii h and to carry out the duties and responsibilities of the City under the Agreement and is hereby authorized to execute the Easements in Exhibits B and C and to carry out the duties and responsibilities of the City under the Easements. SECTION 3. This Ordinance shall become effective immediately upon its passage and appraval. S:\LegaIUADE Planning and Zoning Folders�2016.030 Meadow Oaks\Development Agreement Oedinance�ade_090816.doc 11 �. ��.. !. � !; � � � R �� '; Is � �: �. �� tt � 4 .f �- 3 � , . ��. . 4 0,, ; f7 a �� i � �r1 � �.�� '� �'� �:� � � �` ,� � _� �:� in � � � CHRIS �'�'1'"l"�, MAYOR BY: � �. �,� . . .r ..� � � �.. .. .. w�. r ��PT� �T`T� r'i� �"C) LEGAL FORM: ,��lIT1�. BURGESS, CITY ATTORNEY r� r� � �. �' J� �� i h �� r � � �_.1 BY: � �� ' �,�� ,a:,,� ,f �,f� .� �. , _ � ,,� � .�,.�_.� ; _. r�.,�f fFp;.' � �� :. � ��r¶�� ...�� " �-`� � i �". lb�� f ��7 .. ` ('�r � t� �I 1, �✓ A... �� f p. 2 of 2 DEVELOPMENT AGREEMENT BETWEEN CITY OF DENTON AND JUSTLAND DEVELOPMENT, LLC "ilais Licvelc�pri�eii� �h,�rce�i�ee�t {t��s "A�;ru�t�t��t=,� i� na��lc; ac�� tttet°�d int� �� c�fitt� � ai' � , �i11t� �khv "L;!"1"et��Gv� T��€�:""�, by �nci b�t�veen tl�� ity a�f'��t��at�, "I'ex��,a � 'Ttx�s Mxrni�i�a�i C'�[`��•�ti�an (I.[�� `!Gil�r„`� ;�a��i .ftistl�d �evela�ats�et�i., LL�C", � Texas limited liability company, whose principle place of business is located at 4440Brentwood Drive, College Station, Texas 77845 ("Developer"). The City and Developer are sometimes hereinafter referred to individually as "Party", and collectively as the "Parties". WHEREAS, Sec. 212.071 of the Tex. Loc. Gov't Code authorizes the City to enter into a written agreement with a developer of a subdivision or land in the city to construct public improvements related to the development of the land and to participate in the cost related to same; and WHEREAS, Developer desires to develop approximately 8.713 Acres of land located at AOOSSa J. Brock Tr 27, R33446, and more commonly known as 1005 Autumn Oak Drive, Denton, Texas, and owned by Owner, as described in Exhibit A, which is attached hereto and incorporated by reference herein ("Property"); and WHEREAS, the Developer desires to develop the Property as Meadow Oaks, Phase 4, a residential subdivision (the "development") which will require either new drainage facilities or improvement of existing drainage facilities necessary to provide for the storm water drainage needs of the development; and WHEREAS, the City owns approximately 10.57 acres of land located at AOOSSa J. Brock, Tr 34, 35 and 36, R33449, R33451 and R33447, more commonly known as 1100, 1022 and 1000 Ruddell St, Denton, Texas, respectively, as described in Exhibit B, which is attached hereto and incorporated by reference herein, and which is adjacent to the Property across Lattimore Street ("City Property"); and WHEREAS, the additional storm water runoff from the development may adversely affect off-site property or overload existing drainage facilities and therefore drainage facilities are required on the Property in compliance with the Denton Development Code; and WHEREAS, Developer has requested to vary the requirement for on-site drainage facilities on the Property required by the City, and the City and Developer have determined that development of joint storm water facilities is of mutual benefit; and WHEREAS, the City and Developer agree that the City should not be responsible for any improvements above and beyond what the City would normally construct for its Ruddell Street Extension Project; and WHEREAS, the Developer must design, construct, and maintain temporary storm water facilities and the City has directed these facilities can be constructed on the City Page l of l0 r'� Property until the City can complete its Ruddell Street Extension improvements and permanent storm drainage connections are installed as described herein, and the City agrees to such design, construction, and maintenance on City Property for consideration stated herein; and WHEREAS, the Developer has requested the City grant a temporary construction access easement across a part of its property between Ruddell St. and the Properiy, to provide access far construction equipment and related vehicles during construction of the development's infrastructure in order to avoid such heavy traffic from traversing through neighborhood streets, and NOW THEREFORE, the City and Developer, in consideration of the mutual covenants and agreements of the Parties herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: ARTICLE I Terms 1.01 Governing Development Regulations. (a) Development of the Property shall be governed by: (i) the Final Plat and construction plans; (ii) the Denton Development Code (the "DDC") in effect; and (iii) the Zoning Regulations for the Property within the City limits. These shall be hereinafter referred to collectively as the "Governing Regulations". The Governing Regulations shall control to the extent they do not conflict with the terms of this Agreement, in which case the Agreement controls. It is agreed and understood that no ordinance or regulation adopted by the City after the Effective Date shall in any manner impair Owner's rights under this Agreement provided that: (1) any ordinance or regulation exempted by Chapter 245 of the Texas Local Government Code may be enforced on the Properiy; and (2) ordinances or regulations adopted pursuant to a requirement of State or Federal law may be enforced on the Property. 1.02 Other City Ordinances. Except as expressly excluded or made inapplicable by the Goveming Regulations or this Agreement, all other ordinances or criteria of the City shall apply to the Property. 1.03 Plat Approval. A Final Plat for all or any portion of the Property shall be filed in accordance with Sec. 35.16.12 of the Denton Development Code. Final approval of the plat is made by the Planning and Zoning Commission and cannot be appealed. T'he Final Plat shall be in substantial compliance with the Goveming Regulations and this Agreement. 1.04 Developer's Responsibility. The Developer shall be responsible for the following: 1.04.1 Temporary Stormwater Facilities (TSF). The Developer shall design, construct and maintain the Temporary Stormwater Facilities as proposed on the "Temporary Sediment Control and Storm Drain Outfall," attached as Exhibit C hereto and incorporated herein, including temporary stormwater sediment removal and stormwater surface discharge systems, in locations acceptable to the City, at Developer's cost, and in accordance with the Goveming Regulations and any other applicable regulations or law and as follows: Page 2 of 10 1.04.1.1 The TSF shall be in place until such time as construction of the permanent Ruddell St. Extension Stormwater System Project, a 2014 Bond Program project, (the City's "Ruddell ProjecY') is completed, and the TSF is replaced with permanent connections to the Ruddell Street Extension Stormwater System ("RSS"). 1.04.1.2 For any portion of the TSF that is placed on City Property, the Developer must obtain an easement from the City for the use of City Properiy and for construction of those facilities. 1.04.13 The Developer shall ensure that no erosion occurs or sediment is deposited on the City Property. 1.04.1.4 Developer shall pay the costs of removing the TSF and related drainage pipes and restoring the City Property to the same condition as it existed prior to the execution of this Agreement once the permanent RSS is in place and a connection is made, and once the Ruddell Project is completed. Such work shall be included in the City's Ruddell Project request for proposal, with the costs being based on bid prices received for that project. 1.04.2 Permanent Stormwater Piping System. Developer shall design and prepare construction plans for the appropriate stormwater outfall pipes to connect the development outfall to the RSS, in a manner acceptable to the City. The Developer is responsible for the costs of construction of these pipes and the additional costs of design and construction of the affected parts of the RSS, from the point of connection of the development's stormwater system to the RSS to the point of discharge of the RSS to the main drainage channel crossing the City Properiy, as detemuned by the City and based on design costs and bid prices for the Ruddell Project. 1.043 Developer shall pay for any other additional costs to the City associated with the estimation of costs required under this Agreement, the verification of storm water computations, the design of any storm drain and stormwater facilities required by the Governing Regulations or other law, and any other reasonable costs incurred by the City to accommodate the stormwater outfall and drainage for the development. 1.04.4 Other Consideration. Developer agrees to the following additional consideration: 1.04.4.1 Developer shall provide an inevocable bank letter of credit or other surety acceptable to the City, as that amount is determined by the City Engineer, to cover the estimated costs of the Developer Responsibilities in this Agreement other than the design, Page 3 of 10 construction, and maintenance of the TSF and the storm water outfall pipes in accordance with Section 1.06 herein. 1.04.4.2 Upon recording of the Final Plat, the Owner of the Property shall txansfer ownership of good title in fee of Lot 1, Block D of the Properiy to the City free of all encumbrances, as either complete or partial consideration of the City's grant of Temporary Easement for the TSF and design, construction and negligible oversizing of a detention pond or downstream main channel improvements. In the event that oversizing more than 30% over the amount attributable to the City Property becomes necessary, Developer agrees to pay those costs. If the value of the transferred properiy is less than the value of the City's Temporary Easement for the TSF and design, construction and negligible oversizing of a detention pond or downstream main channel improvements, Developer shall be responsible for paying the difference in value. 1.04.43 Upon execution of this Agreement, Developer shall transfer any and all rights to any claim, whether past or future, known or unknown, if any, of the abandoned right-of-way on Lattimore Street, from the NW comer of the development southerly to the SW corner of the development, to the City. 1.04.4.4 Costs described herein, as included in the City's Ruddell Project construction bid, shall be deposited with the City by the Developer within thirty (30) calendar days of the bid receipt by the City. Standard City inspection fees shall be included in that amount. Final adjustment of the costs based on achaal costs incurred by the City will be made within thiriy (30) calendar days of completion and acceptance of said consixuction. Any deposited amounts in excess of the actual costs incurred shall be returned to the Developer within a reasonable time. Any deficiencies in the deposited amounts to cover the actual costs incurred shall immediately be paid by the Developer. 1.04 City's Responsibilities. The City agrees to the following: 1.05.1 For consideration herein, City will provide a Temporary Stormwater Easement to the Developer for the TSF and a Temporary Construction Access Easement on the City Property within ten (10) days of the approval of the Final Plat, as depicted in �:xhi�ai�� d_ F. These Easements shall not be exclusive and the City retains the right to perforxn activities not required by the TSF or stormwater outfall. Such Temporary Stormwater Easement will expire and revert back to the City once the TSF is removed. Such Temporary Construction Access Easement will expire and revert back to the City upon City acceptance of the development's public infrastructure. l.05.2 City shall include the construction of items in the Ruddell Project roadway bid as described in this Agreement. Page 4 of 10 1.05.3 City shall estimate the costs of design, construction and removal of temporary stormwater facilities to be paid for by the Developer in satisfaction of the Developer Responsibilities as described in this Agreement, based on bid prices received by the City for the Ruddell Street Extension Project and related work. 1.05.4 City shall verify drainage computations provided by the Developer for stormwater from the development and shall design the RSS to accommodate the development's storm water. 1.06 Performance Bond or Letters of Credit. Pursuant to Sec. 212.073 of the Texas Local Govemment Code, the Developer shall present to the City either a cash escrow, Letters of Credit or performance bond and payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for completion if the Developer fails to complete the work within rivo (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. 1.06.1 The Developer agrees to fiarnish or to cause its contractor to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 100% of the cost of construction of underground utilities and 100% of the construction cost for paving. These maintenance bonds, letters of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City Acceptance. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiaty if the contractors fail to perform any required maintenance. 1.06.2 Until performance and payment bonds, Letters of Credit or cash escrow required in this Agreement have been fuxnished as required, no approval of work on the facilities shall be given by City and no work shall be initiated or► said facilities by Developer, save and except as provided above. 1.07 Regulation. Except as may be provided by the Goveming Regulations, this Agreement or as otherwise agreed to in writing by the Parties, all facilities shall be built in accordance with the applicable requirements of the City, County, or International Fire Code 2012. All facilities necessary to support the proposed Development shall be designed by a professional engineer licensed in the State of Texas. Plans and specifications shall conform to the criteria contained in Denton's Criteria Manuals. The Developer will be responsible for the design, construction, and maintenance of facilities on the Property. Developer shall obtain, at Developer's expense, all necessary permits, licenses and easements. 1.08 Dedication of Improvements. Any easements for facilities obtained by Developer shall be assigned and dedicated to the City, if not taken in the City's name, prior to acceptance of the improvements. Page 5 of 10 �� F 1.09 City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities. 1.10 City shall have access to inspect Developer's books and other records related to this Agreement. To determine the actual cost of the facilities, City shall have the right to inspect any and all records of Developer, its agents, employees, contractors or subcontractors and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the facilities. l.l 1 Recording; Notice to Third parties. This Agreement shall be recorded in the real property records of each county in which any part of the Properiy is located. By recording this Agreement in the Denton County Deed Records, the Developer hereby places all third parties on notice that the Property is subject to the requirements as described herein. 1.12 Default. Norivithstanding anything herein to the contrary, no Party shall be deemed to be in default hereunder until the passage of thirty (30) business days a8er receipt by such party of notice of default from the other Party. Upon the passage of thirty (30) business days without cure of the default, such Party shall be deemed to have defaulted for all purposes of this Agreement. In the event of a non-cured default, the non-defaulting Party shall have all the rights and remedies available under applicable law, including the right to institute legal action to cure any default, to enj oin any threatened or attempted violation of this Agreement, or to enforce the defaulting Party's obligations under this Agreement by specific performance. 1.13 INDEMNITY/HOLD LESS. BECAUSE PROCEEDING IN THIS MANNER IS AN OPTION REQUESTED BY THE DEVELOPER TO MOVE FORWARD WITH ITS DEVELOPMENT WITHOUT ONSITE DRAINAGE FACILITIES, DEVELOPER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COSTS DEVELOPER MAY INCUR AS A CONSEQUENCE OF PROCEEDING IN THIS MANNER AND AGREES TO ASSUME ALL RISKS ARISING THEREFROM. DEVELOPER ADDITIONALLY AGREES TO INDENINIFY AND HOLD LESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL DAMAGES, CLAIMS OR LIABILITY OF ANY KIND WHATSOEVER AND BROUGHT BY ANY PARTY OR THIRD PARTY, ASSOCIATED WITH DENIAL OF ANY REQUESTED PERMIT OR CERTIFICATE OF OCCUPANCY OR WITH THE CONSTRUCTION OF ANY IMPROVEMENTS CONTEMPLATED HEREIN, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH. Page 6 of l0 ��, 1.14 Rough Proportionality. Developer stipulates to the nexus and proportionality of the public improvements made subject of this Agreement, regardless of whether they were known, quantified or anticipated at the time this Agreement was executed. ARTICLE II Miscellaneous 2.01 Assignment. As of the Effective Date, Developer owns the Property. Developer may assign its rights and obligations under this Agreement to any third party (ies) after having frst obtained the prior written consent of the City hereto; provided however that a written copy of said assignment shall be delivered to the City. Notwithstanding the above, no prior written consent shall be required for Developer to sell, lease, grant interests in or rights to or otherwise transfer or encumber portions of the Property that it owns, together with the assignment of all development rights and obligations relating to such portions of the Properiy that it owms contained in this Agreement. The terms of this Agreement shall be covenants running with the land and binding on successors and assigns. 2.02 Amendments. This Agreement may be amended at any time by mutual written agreement of the City and Developer. 2.03 Cooperation. The Parties agree to execute and deliver all such other and further documents or instruments and undertake such other and further actions as are or may become necesszuy or convenient to effectuate the purposes and intent of this Agreement. 2.04 Litigation. In the event of any third-pariy lawsuit or other claim relating to the validity of this Agreement or any action taken by the parties hereunder, Developer and the City agree to cooperate in the defense of such suit or claim, and to use their respective best efforts to resolve the suit or claim without diminution of their respective rights and obligations under this Agreement. 2.05 Governmental Powers; Waiver of Immunity. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities or rights. Nothing in this section shall waive any claims, defenses or immunities that the City has with respect to suits against the City by persons or entities not a pariy to this Agreement. 2.06 Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Texas. Venue shall be in Denton County, Texas. 2.07 Attomey's Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover reasonable attorney's fees from the other Party. The amount of fees recoverable under this paragraph may be set by the court in the trial of the underlying action or may be enforced in a separate action brought for that purpose, and any fees recovered shall be in addition to any other relief that may be awarded. Page 7 of 10 2.08 Notices. Any notice to be given hereunder by any Party to another Party shall be in writing and may be affected by personal delivery or by sending said notice by registered or certified mail, return receipt requested, to the address set forth below. Notice shall be deemed given when deposited with the United States Postal Service with sufficient postage affixed. Any notice mailed to the City shall be addressed to: City of Denton c/o Director of Engineering 215 E. McKinney St. Denton, Texas 76201 With a Copy to: Denton City Attorney's Office Denton City Hall Main 215 E. McKinney St. Denton, Texas 76201 Any notice mailed to Developer shall be addressed to: Ju��Pa� �� .i�,�rel��sn��irt LL+C �1�� `�� m��-�°�-° r�� 4�1 f� T3re�t��rc+cati I`�r•. College Station, Texas 77845 Any pariy may change the address for notice to it by giving notice of such change in accordance with the provisions of this section. 2.09 Entire Agreement. This Agreement, together with any e�ibits attached hereto, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous oral or written understandings or representations of the Parties with respect to the subject matter herein contained. 2.10 Severability. If any sentence, section, subsection, clause, phrase, part or provision of this Agreement be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect the same shall not affect any other provisions of this Agreement as a whole, or any part thereof, other than the part declared to be invalid, illegal or unenforceable. 2.11 Interpretation. This Agreement shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity hereof. Wherever required by the context, the singular shall include the plural, and the plural shall include the singular. Each defined term herein may be used in its singular or plural form whether or not so defined. Page 8 of l0 2.12 Authority. T'he City represents and warrants that this Agreement has been approved and duly adopted by the City Cauncil of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer and that the individual executing this Agreement on behalf of Developer has been authorized to do so. Developer further represents and warrants that the lien holder of record, if any, has consented to terms of the agreement. The Parties hereto have executed this Agreement as of ,a� ,� �c��r v l�" ��" . f� � 2016. �— DEVELOPER: NSTLAND f:)E:VX:�I�4'1�4°;I�T la.,.C` � .� . _� ,�` � �� J� �. �,. � . .� ��.�.- r BY: �"`�'' "' �.§fi �. �. _ ITS: �� 'y�� ,�. THE CITY OF DENTON, T1��A�� , . -� � � J `��W By: ��. ��'� ""�� HOWARD MARTIN �"'* INTERIM CI'TY M�ll�rtL.iGI� THE STATE OF TEXAS } COUNTY OF DEN'I'ON } 1"lyi� it��tr��es�� urG�� ;�ra�avvl��4��1 l��i'�r� n�� t�a� 1%t� ��_..._.� day of �" , 7(�ls�< 1�.� � �_.�� ; �� qqt�� , , y�pii4i �, � fi,�t"M1�adWB'� ��dB�b �' ,v �.�. w� ..�. P� ��,�M A �� . . � w �,�°µ��at�a�� '�sc;, �t�� t �� .. Na'e� �. li�„ State of Texas ;° �� 4=„', �""� a��$:' Cotr�rv�. C��irr�� £i � 1 1�;7 i '"°�� r��;�'� ��f�� dd itaiF ' �.�„�� THE STATE OF TEXAS } COUNTY OF DENTON } T'his instrument was acknowledged before me on the ,��.�day c� i��,��,��"'�,�r 2016, by Howard Martin, Interim Ciry Manager, on behalf of the City of T�erskcs�x�s. Page 9 of 10 �^�`� � ,i[;r d4,a��"��J�'7 ia�a�r 1�2�� ; �—�;��9��+ ivi� r� �i"� tr7 t4�,�a� � �, , a � r.��3�`F�€�: } � t"�'� ` W..��s��f, 9 �� ,r� �7 ��i� � ` ,r�'��'��`� � ` ��'��{ �Y ��r'4� �;. � � ;��t�� '`�� Nt�iryPublic,StateofTexas � a, � � �,��;`.�` _ APPROVED AS TO LEGAL FORM: �� ANITA $URGESS, CITY ATTORNEY � �y � �� l _.f ��, �,., °w-��.,._ BY: � ,'� �� t _ � � �� .�;� a �� ` � Page 10 of 10 N i�t I `,;.,,.. ��,_. � � € �J„ � I W C�� scus i . eoao ... . , , < r� � � � � a � z ��6 ... _... � � � ��& � � ` � �� I��,Slitn�"S�BN� 55 ,a a „ '�t��a�.t caas:.tl��:.:�-e: a � _ ,.� � � �� ) �' �,.rs �va �- e '�. ::. ,• . m E¢ '�S'�'� � —taz .�..,� � I f�Y� ,� a,�. m � �.., Mo I 9 R k „ ,_ � m S.CA w �^m.,^. � � „ wvn_ !A d � � � . a i � � 8 a r. o : ` � � .� �y� P�;� — P g� � n.lts e � � I ��` 1 &aN B � � .�„ ,�. �. � � '� � � � _� _.n�,u. aum. � �mwu— 'w's� �F j,o, ' s��!u ' , z fr-x�n �[�i I � pp r5� -_— r �..., 'S �� a� �'� ��.�; � � I � �� :`� . u � � � � � � ': ..�1�" s3`� � w .. � � mar,. � -�f u�i4 �r t �� -e t � T�� 'lil Af: t .Ani � � , � . . 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';Pa �nr'" "SD—A2"' m 3 � o �w 9u,�$ W V �Y � L 4 . 1J x� t �� u WQ� � -F�k, �'� � n.�r �j �A �� : u� � T � � � � � nE a 4�i r a��de �a�' l�k.:, �� N� � � �4 � ,,, � y �^ w., , I � � � O � � .,, � 1�� a,. �„ . �� u.� o J � �v tl �� , � o � „ , � �; N . . .� .w . X.� ,..y � s, z. �' � �t i � aa m �� w� d oar ei�, j � a� : tl'� ^� ;'�� _ �.,. ...a�. ,.so d.ao a.w e.e,. . w ..m ..w s.m i...�c 9.ro :.w �.00 a.w .4�' Gtl o.w I�. SHEET 9 EXH B TEMPORARY DRAINAGE EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING 1NFORMATION 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, the City of Denton, Texas, a Texas Municipal Corporation (the "City" or "Grantor"), for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor paid by Justland Development, LLC, a Texas limited liability company, whose principal place of business is located at 4440 Bentwood Drive, College Station, Texas 77845 ("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 passage, in, along, upon and across a twenty foot (20') wide path crossing certain property owned by Grantor and situated at AOOSSa J. Brock, Tr 36, R33447 and R33449, more commonly known as 1000 and 1100 Ruddell St., Denton, Texas, respectively, and such twenty foot (20') wide path 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"), for a period as defined below and not to exceed three (3) years from the Effective Date of this easement. The easement rights granted herein shall continue from the Effective Date of this easement until the earlier of the following (the "Effective Term"): A. Construction of the permanent Ruddell Street Extension Stormwater System Project, a 2014 Bond Program project, is completed and the Temporary Drainage Facilities specified below are replaced with permanent connections to the Ruddell Street Extension Stortnwater System; or B. Three (3) years from the effective date of this easement. Upon the occurrence of the earlier of the above conditions, this easement shall ipso facto terminate and all rights shall revert to Grantor. Grantee shall have sixty (60) days following the termination of this easement to remove all Temporary Drainage Facilities from the Easement Property and restore the property to its "before" condition, acceptable to the City. It is further agreed that Grantee will have the right to complete the construction of the below described Temporary Drainage Facilities and maintain same (including cutting of vegetation adjacent to the temporary stormwater facilities and erosion control) during the Effective Term. The easement rights granted herein are for the purpose of constructing, installing, repairing, and maintaining a Temporary Sediment Control and Storm Drain Outfall as identified on Exhibit B("Temporary Drainage Facilities") and for the flow of water from the Temporary Drainage Facilities over the Easement Property, said Temporary Drainage Facilities to be located in, along, F,; Page 1 of 6 upon and across said Easement Property, with the right and privilege of Grantee herein, its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across the Easement Property for the purpose of constructing, installing, repairing, maintaining, and removing the Temporary Drainage Facilities or any parts thereof. Grantor shall have no obligation to construct or maintain the Temporary Drainage Facilities but reserves the right to construct such infrastructure improvements upon and utilize the Easement Property so long as such actions do not unreasonably interfere with the rights granted herein. 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, 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 Temporary 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. Grantee shall at all times construct, keep, maintain, use, operate or remove the Temporary 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. GRANTEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIAL5, AGENTS, SUCCESSOR5, AND ASSIGNS FROM ANY AND ALL CO5TS GRANTEE MAY INCUR AS A CONSEQUENCE OF GRANTEE'S USE OF THE EASEMENT PROPERTY AND/OR WORK RELATED TO THE TEMPORARY DRAINAGE FACILITIES AND AGREES TO ASSUME ALL RISKS ARI5ING THEREFROM, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR CLAIMS ARISING FROM THE FLOODING OF PROPERTIES ADJACENT TO THE EASEMENT PROPERTY DUE TO GRANTEE'S EXERCISE OF EASEMENT RIGHTS. GRANTEE ADDITIONALLY AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL DAMAGE5, CLAIMS OR LIABILITY OF ANY KIND WHATSOEVER AND BROUGHT BY ANY PARTY OR THIRD PARTY ASSOCIATED WITH DENIAL OF ANY REQUESTED PERMIT OR CERTIFICATE OF OCCUPANCY OR WITH THE CONSTRUCTION OF ANY TEMPORARY DRAINAGE FACILITIES CONTEMPLATED AEREIN, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH. ��: Page 2 of 6 Grantee shall provide or cause to be provided the insurance described below for the Work, and shall maintain such insurance until such Temporary Drainage Facilities are removed and the site restored, except as otherwise required by this Section. A. Prior to the commencement of the Work, Grantee shall furnish the City with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below. A copy of the endorsements or other policy provisions adding the City as an additional insured to the insurance policies, endorsements providing the City thirty (30) days written notice of cancellation or material change in coverage, and all waivers of subrogation shall be attached to the certificate(s) of insurance. Upon request, certifed copies of the insurance policies shall be furnished to the City. The City's acceptance of documents that do not reflect the required insurance, or the City's failure to request insurance documents, shall not constitute a waiver of the insurance requirements set forth in this easement. B. In the event any insurance required by this easement is cancelled, the easement will immediately terminate, triggering the termination provisions herein. C. Grantee shall provide the City thiriy (30) days written notice of any cancellation, non- renewal, or material change in policy terms or coverage, and the policies shall be endorsed to provide the City such notice. D. All insurance policies shall be written by an insurer authorized to do business in Texas and with companies with a VIII or better rating in accordance with the current Best's Key Rating Guide, or with such other iuiancially sound insurance carriers approved by the City. E. All insurance policies, with the exception of the worker's compensation policy, shall be endorsed to name the City, its officials, employees, agents and volunteers as additional insured on the policies. The additional insured coverages shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by the City, its ofiicials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City as evidence of coverage. F. All insurance policies shall be endorsed with a waiver of subrogation in favor of the City, its officials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City. G. All insurance policies shall be written on an occurrence basis where commercially available. H. During the Effective Term of this Temporary Drainage Easement, Grantee shall report, in a timely manner, to the City any known loss or occurrence which has caused, or may cause in the future, bodily injury or property damage. I. Required Insurance Coverages: a. Commercial General Liability Insurance: Grantee shall maintain commercial general liability (CGL) insurance with a limit of not less than one million dollars ($1,000,000) each occurrence with a two million dollars ($2,000,000) aggregate. This insurance shall cover liability, including, but not limited to, liability arising from premises, operations, the Work performed by Grantee within the Easement Area, Temporary Drainage Facility operations, contractual liability, broad form property damage, and independent contractors. �� Page 3� of 6 b. Environmental Impairment (or Pollution Liability) Insurance: Grantee shall maintain environmental impairment or pollution liability insurance with a limit of not less than five million dollars ($5,000,000). Such coverage shall not exclude damage to the Easement Property. If coverage is written on a claims- made basis, Grantee shall maintain continuous coverage or purchase tail coverage for four (4) years following the expiration or termination of this Temporary Drainage Easement. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Where commercially available, Grantee shall also maintain such coverage for gradual pollution incidents. c. Automobile Liability Insurance: Grantee shall maintain automobile liability insurance with a limit of not less than one million dollars ($1,000,000) each accident. Such insurance shall cover liability arising out of any automobile utilized by Grantee in its operations regarding the Easement Property (including owned, non-owned, and hired automobiles). d. Worker's Compensation Insurance: Grantee shall maintain worker's compensation and employer's liability insurance. The worker's compensation limits shall be as required by statute and employer's liability limits shall not be less than one million dollars ($1,000,000) each accident for bodily injury by accident and one million dollars ($1,000,000) each employee for bodily injury by disease. e. Excess (or Umbrella) Liability Insurance: Grantee shall maintain excess (or umbrella) liability insurance with a limit of not less than twenty-four million dollars ($24,000,000) per occurrence with a twenty-four million dollar ($24,000,000) aggregate. Such insurance shall be in excess of the commercial general liability insurance, automobile liability insurance and employer's liability insurance as specified above. TO HAVE AND TO HOLD unto the said Justland Development, LLC as aforesaid for the purposes and during the time as above described. Page 4 of 6 Witness m hand to be effective this�� ' �'� �� ! ( ) y .��ay of � � �� , �,�..s , 2016 "Effective Date" � . � .�_ _. GRANTOR: THE CITY OF DENTON, TEXAS: �� `� � � .�` �� By: .� � �,, HOWARD MARTIN J INTERIM CITY �'1�I�1�C�LE� THE STATE OF TEXAS COUNTY OF DENTON � 1t�is �n�t:r•i��nt w�s ��r7c��i�d�e�f kaefc�� c �r� t��e yw��`.�.� c[�y ��`��"��'�.��"," � ,, , ��1fi, by Howard Martin, Interim City Manager, on behalf of the City of Denton, Texas. �o��p � � � � � �,, ,� � y I�L�4,� t�r ,� J hd54 it It .t@"`&�� 6�w �� I' AB�i �ikR%�.�6�'� � �",�,Vf� y ^� Vy'�j/' � p�� " °F Wy P j g�/ � �'� �� j � � ��iR.. �,�^ ,�w� � �a= 'w 9,r '� / �' � � '--_�'��0�:5° ��..��$ �1.�^�'��4�'� s.#4" 1 I�',M� �.�_9t� �'' � r� �I�� Public, State of Texas ,,.;,�� :;' ��. ��> ��m�� <�'�� 4�� °" r��°�'�� Fx, g� �,R��,��.,� ,��n�„�- _ Page 5 of 6 GRANTEE: JUSTLAND i��''�'l�Li��31�iC�T, LLC: '� ,�� _'��" ��,, .� � . ,� �;, �. - B�"`_�_ ��, � �^'" ` � x _. .... .� ._.mm. _ � �..... Its: � ._. � � THE STATE OF TEXAS COUNTY OF DENTON This instrument was �Y 1� q � � s �� ° � ��„d�a� �.�� _ �� ' ��' y ��ba€� z�� ` � �, I ��st�+s� � ��'�� "" Cc�6r�s�C&. ��a;r�°� ie;.i m i i� ` 7': -� r;,`` �} �? 1 4��3;�k��b �'; *.,r�' k,tk x�w"� 0��u'� p �_,. _a,., �,w�rne APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �a��'carr� �� ca�� tl�� ___ c�a� ��' .�. ._, 2016, n ��t €�ci�tiz�t t�f.��`�t��at� f��v��a��nt, ��1.��;. _ �. ... .. . N� u�li�:} State of Tc�� , � ��+ �� BY� �"i � � �� ° � � � ��- , � �-°�.` r ��,,' � � � r Page 6 of 6 ,� GG » PAGE 1 OF 4 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED TRACT TWO, 17.251 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN COUNTY CLERK DOCUMENT NUMBER 2003-R0053036, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A 25 FOOT TEMPOARY DRAINAGE EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST SOUTHEAST CORNER OF SAID CITY OF DENTON TRACT, BEING AN INNER ELL CORNER OF A TRACT DESCRIBED IN A DEED TO MARGARET LOVETTE, RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 00-R0086631, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 13 MINUTES 09 SECONDS EAST WITH AN EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST LINE OF SAID LOVETTE TRACT, A DISTANCE OF 418.54 FEET TO A POINT ON THE EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST LINE OF SAID LOVETTE TRACT AND BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 43.80 FEET TO A POINT FOR CORNER; THENCE SOUTH 57 DEGREES 25 MINUTES 20 SECONDS WEST, A DISTANCE OF 37.97 FEET TO A POINT FOR CORNER; THENCE SOUTH 42 DEGREES 23 MINUTES 28 SECONDS WEST, A DISTANCE OF 48.36 FEET TO A POINT FOR CORNER; THENCE SOUTH 55 DEGREES 29 MINUTES 57 SECONDS WEST, A DISTANCE OF 34.34 FEET TO A POINT FOR CORNER; THENCE SOUTH 31 DEGREES 02 MINUTES 49 SECONDS WEST, A DISTANCE OF 45.51 FEET TO A POINT FOR CORNER; THENCE SOUTH 02 DEGREES 25 MINUTES 12 SECONDS EAST, A DISTANCE OF 41.90 FEET TO A POINT FOR CORNER; THENCE SOUTH 48 DEGREES 27 MINUTES 47 SECONDS EAST, A DISTANCE OF 31.96 FEET TO A POINT FOR CORNER; THENCE SOUTH 39 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 34.89 FEET TO A POINT FOR CORNER; THENCE SOUTH 17 DEGREES 22 MINUTES 53 SECONDS EAST, A DISTANCE OF 59.08 FEET TO A POINT FOR CORNER; THENCE SOUTH 02 DEGREES 41 MINUTES 18 SECONDS WEST, A DISTANCE OF 35.03 FEET TO A POINT FOR CORNER � T « �� PA�� 2 OF 4 THENCE SOUTH 34 DEGREES 52 MINUTES 26 SECONDS WEST, A DISTANCE OF 42.11 FEET TO A POINT FOR CORNER; THENCE NORTH 55 DEGREES 07 MINUTES 34 SECONDS WEST, A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; THENCE NORTH 34 DEGREES 52 MINUTES 26 SECONDS EAST, A DISTANCE OF 34.90 FEET TO A POINT FOR CORNER; THENCE NORTH 02 DEGREES 41 MINUTES 18 SECONDS EAST, A DISTANCE OF 23.39 FEET TO A POINT FOR CORNER; THENCE NORTH 17 DEGREES 22 MINUTES 53 SECONDS WEST, A DISTANCE OF 49.69 FEET TO A POINT FOR CORNER; THENCE NORTH 39 DEGREES 51 MINUTES 00 SECONDS WEST, A DISTANCE OF 28.04 FEET TO A POINT FOR CORNER; THENCE NORTH 48 DEGREES 27 MINUTES 47 SECONDS WEST, A DISTANNCE OF 40.70 FEET TO A POINT FOR CORNER; THENCE NORTH 02 DEGREES 25 MINUTES 12 SECONDS WEST, A DISTANCE OF 60.03 FEET TO A POINT FOR CORNER; THENCE NORTH 31 DEGREES 02 MINUTES 49 SECONDS EAST, A DISTANE OF 58.45 FEET TO A POINT FOR CORNER; THENCE NORTH 55 DEGREES 29 MINUTES 57 SECONDS EAST, A DISTANCE OF 36.89 FEET TO A POINT FOR CORNER; THENCE NORTH 42 DEGREES 23 MINUTES 28 SECONDS EAST, A DISTANCE OF 48.79 FEET TO A POINT FOR CORNER; THENCE NORTH 57 DEGREES 25 MINUTES 20 SECONDS EAST, A DISTANCE OF 22.17 FEET TO A POINT FOR CORNER; THENCE NORTH 69 DEGREES 08 MINUTES 21 SECONDS WEST, A DISTANCE OF 144.15 FEET TO A POINT FOR CORNER; THENCE NORTH 20 DEGREES 51 MINUTES 39 SECONDS EAST, A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 69 DEGREES 08 MINUTES 21 SECONDS EAST, A DISTANCE OF 155.78 FEET TO A POINT FOR CORNER; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 53.68 FEET TO A POINT FOR CORNER ON AN EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST LINE OF A TRACT DESCRIBED IN A DEED TO RABON E. SANDERS, ET UX, RECORDED IN VOLUME 541, PAGE 154, DEED RECORDS, DENTON COUNTY, TEXAS; r �� PAGE 3 OF 4 THENCE SOUTH 00 DEGREES 02 MINUTES 38 SECONDS EAST WITH AN EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST LINE OF SAID RABON TRACT, A DISTANCE OF 5.02 FEET TO A 1/2 INCH IRON PIN FOUND ON TAN EAST LINE OF SAID CITY OF DENTON TRACT AND THE SOUTHWEST CORNER OF SAID RABON TRACT, SAID PIN ALSO BEING THE NORTHERN MOST NORTHWEST CORNER OF SAID LOVETTE TRACT; THENCE SOUTH 00 DEGREES 13 MINUTES 09 SECONDS WEST WITH AN EAST LINE OF SAID CITY OF DENTON TRACT AND A WEST LINE OF SAID LOVETTE TRACT, A DISTANCE OF 24.98 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0.362 ACRES OF LAND. y „�� .�r„_ . ' � ,� � �� FIRM #10023300 ��✓ ��,��1_,:1�� Z,2 S57°25'20"W 37.97' �,3 S42°23'28"W 48.36' ��4 S55°29'S7"W 34.34' T.�5 S31°02'49"W 45.51' T�6 S02°25'12"E 41.90' L7 S48°27'47"E 31.96' L� S39°51'00"E 34.89' L9 S17°22'S3"E 59.08' L1Q S02°41'18"w 35.03' L11 S34°52'26"W 42.11' L12 N55°07'34"W 25.00' L13 N34°52'26"E 34.90' L14 NO2°41'18"E 23.39' L15 N17°22'S3"W 99.69' L16 N39°51'00"W 28.04' L17 N48°27'47"W 40.70' r�i� No2°z5,i2°Iw 60.031 L19 N31°02'49"E 58.45' I,20 N55°29'S7"E 36.89' L21 N42°23'28"E 48.79' L22 N57°25'20"E 22.17' Z23 N69°06'21"W 144.15 L24 N20°51'39"E 25.00' L25 S69°08'21"E 155.78 L26 N90°00'00"E 53.68' I�27 S00°02'38"E 5.02' 7�2� S00°13'09"W 24.98' CALLm TRACT ONE CRY OF DEMON CC/ 2009-ROOSJ036 DR TEXAS STREET (60' RIGHT-OF-WAI� �, �� LOT 2 $�� LOT 3 m � LOT 4 � �I m LOT S 0 100 200 SCALE IN FEET < 3 0 � a � W W � � J J w � � � � � EXHBT.A PAGE 4 OF 4 J. N 25' TEMPORARY DRAINAGE EASEM��IT ��,�� .. •� � ^a, 0.362 ACR�� ' � . �. r � � �� '� ��INi �F I��GSC��l�44� � � PART OF A CALLED 7RACT 1W0 y � � CIIY� OF DEHfON � { � E �r z� �R00.53038 � � � � '�' � i SUR�� .��, W � B�"��K �T ND• 55 �, o� ��RA �� ' � � ol L1� � z� �� r.��r� N s � 300 LATTIMORE STREET POINT OF COMMENCING �caaat�u , r��: IRON PIN I, ( �LOT5 � � � � LOT 4 � I LOT 2 � - - iN€�P4 VL.RI� BLOCK � C�9. R, P�. 11B M Y � pp P m OI o � � � � � � � � � — - �� i � - � �, ��1�� 1r�� 940-387-0506 223 W. HICKORY, DENTON, TEXAS 76201 info@metroplexsurveying.com 1WN. LG CKD. GS SCALE ,� ��_� �■ DATE I13I'� �� FIR�Vi NO. 10023300 OB N0. ti EXNIBIT B � ,.. / '� � .. �r � � � . - � � - � „ r ar � A4'r55 Nf?.I"I ...�� f � �� ;1� _ _. �,..ti.e_...�� Il". \i . �.,..�`� (2��, ��9�_.�� 1 3 � f � - "�`"" ;��z �� e•.�.a F �„— _ � � -- - .�' � — � � �ro � y , a. _ _ _ , _ ur�K r�.,�� un� �..rv''d�J4"'v�f'V'+fViMlth.�` � " � �t�s_s�.°a�. ��_ �u � �� kiflhl �' rt�i � � l � i � n i�� „� � � �� , �..W . �W�. g ��r�,�r�w^�� ! - "�� — �.,.� u: M 5 � �.� � , � - .ti �� . ' � � , •� r—�— � � �— . � . {�', ' ,,. �,� � � � .� a� �,a ��, �r rar a , � ....._ .....:.� 410�:C4i �Irf'I�LLa}.�iR�ti.r . ... ... �' EV.. Kv�Y�H 17�.1'N. _._.._ � �:s- „SD-A1 �° �°SG-n�,�°� 3,,, .,z q a a,�� »�, � � c z �'� t q kq 7' W � '� � � ��, y N X k � } � ((f . ��.�9k ��., ,qJ It y � ' QY � ; ��: SSk`�b 3� � 0.�. e y ye.� �� sn wr, � g �� x: enn � W � � � O � N � � „ ��o� � � ��,. o � � ,e � t , �a, - . �»_ � � p" �d e � .,a, �� fi r_= � � a�� . �, r e� �, #, , , , � .. p,,� � :n ,�, . �Y 4 _ ( SPiEL7 . u a..Ar } .,. I I � � ■ ' � TEMPORARY CONSTRUCTION ACCESS 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 COUNTY OF DENTON r, KNOW ALL MEN BY THESE PRESENTS: THAT, the City of Denton, Texas, a Texas Municipal Corporation (the "City" or "Grantor"), for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor paid by Justland Development, LLC, a Texas limited liability company, whose principal place of business is located at 4440 Bentwood Drive, College Station, Texas 77845 ("Grantee"), the receipt and sufiiciency 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 passage, in, along, upon and across a twenty foot (20') wide strip on certain property, owned by Grantor and situated at A0055a J. Brock, Tr 36, R33447, more commonly known as 1000 Ruddell St., Denton, Texas, and being more particularly described in and depicted on Lx�'i�it `�A"w attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"), for a period as defined below and not to exceed one (1) year from the Effective Date of this easement. The easement rights granted herein shall continue from the Effective Date of this easement until the earlier of the following (the "Effective Term"): A. Construction of the permanent public infrastructure improvements for the Meadow Oaks, Phase 4 subdivision is completed and accepted by Grantor; or B. One (1) year from the effective date of this easement. Upon the occurrence of the earlier of the above conditions, this easement shall ipso facto terminate and all rights shall revert to Grantor. Grantee shall have sixty (60) days following the termination of this easement to remove all added materials, whether for construction or access, from the Easement Property and to restore the Easement Property to the same condition in which it existed prior to Grantee's use. It is further agreed that Grantee will have the right to complete the construction of a Temporary Access Road within the Easement Property and maintain same during the Effective Term. Grantee shall stabilize and maintain the Easement Property during the Effective Term to protect against rutting and erosion. The easement rights granted herein are for the purpose of access and construction activities to be located in, along, upon and across said Easement Property, with the right and privilege of Grantee herein, its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across the Easement Properiy for the purpose of access and construction or any parts thereof. Grantee shall have the right, at Grantee's sole cost and expense, to trim or Page 1 of 6 �� remove trees or shrubbery within the Easement Property, to the extent it is necessary to prevent possible interference with the efficiency, safety, or operation of temporary access and/or the Temporary Access Road. Grantee's agrees that all construction traffic shall access Ruddell Street, and ultimately the Easement Property, from Mingo Road, avoiding the neighborhood to the south of the Easement Property. Grantor shall have no obligation to construct within or maintain the Easement Property, or any temporary improvements constructed or desired by Grantee, but reserves the right to construct such infrastructure improvements upon and utilize the Easement Property so long as such actions do not unreasonably interfere with the rights granted herein. 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, 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 Temporary Access Road (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. Grantee shall at all times construct, keep, maintain, use, operate or remove the Temporary Access Road in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. GRANTEE AGREES TO INDEMNIFY AND HOLD HARMLE5S THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COSTS GRANTEE MAY INCUR AS A CONSEQUENCE OF GRANTEE'S USE OF THE EASEMENT PROPERTY AND/OR WORK RELATED TO THE TEMPORARY ACCESS ROAD AND AGREES TO ASSUME ALL RISKS ARISING THEREFROM, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR CLAIMS ARISING FROM THE FLOODING OF PROPERTIES ADJACENT TO THE EASEMENT PROPERTY DUE TO GRANTEE'5 EXERCISE OF EA5EMENT RIGHTS. GRANTEE ADDITIONALLY AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL DAMAGES, CLAIMS OR LIABILITY OF ANY HIND WHATSOEVER AND BROUGHT BY ANY PARTY OR THIRD PARTY ASSOCIATED WITH DENIAL OF ANY REQUESTED PERMIT OR CERTIFICATE OF OCCUPANCY OR WITH THE CONSTRUCTION OF ANY TEMPORARY ACCESS ROAD CONTEMPLATED HEREIN, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH. � �� Page 2 of 6 Grantee shall provide or cause to be provided the insurance described below for the Work, and shall maintain such insurance until such temporary access road is removed and the site restored, except as otherwise required by this Section. A. Prior to the commencement of the Work, Grantee shall furnish the City with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below. A copy of the endorsements or other policy provisions adding the City as an additional insured to the insurance policies, endorsements providing the City thirty (30) days written notice of cancellation or material change in coverage, and all waivers of subrogation shall be attached to the certificate(s) of insurance. Upon request, certified copies of the insurance policies shall be furnished to the City. The City's acceptance of documents that do not reflect the required insurance, or the City's failure to request insurance documents, shall not constitute a waiver of the insurance requirements set forth in this easement. B. In the event any insurance required by this easement is cancelled, the easement will immediately terminate, triggering the termination provisions herein. C. Grantee shall provide the City thiriy (30) days written notice of any cancellation, non- renewal, or material change in policy terms or coverage, and the policies shall be endorsed to provide the City such notice. D. All insurance policies shall be written by an insurer authorized to do business in Texas and with companies with a VIII or better rating in accordance with the current Best's Key Rating Guide, or with such other financially sound insurance carriers approved by the City. E. All insurance policies, with the exception of the worker's compensation policy, shall be endorsed to name the City, its officials, employees, agents and volunteers as additional insured on the policies. The additional insured coverages shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by the City, its officials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City as evidence of coverage. F. All insurance policies shall be endorsed with a waiver of subrogation in favor of the City, its officials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City. G. All insurance policies shall be written on an occurrence basis where commercially available. H. During the Effective Term of this Temporary Construction and Access Easement, Grantee shall report, in a timely manner, to the City any known loss or occurrence which has caused, or may cause in the future, bodily injury or property damage. I. Required Insurance Coverages: a. Commercial General Liability Insurance: Grantee shall maintain commercial general liability (CGL) insurance with a limit of not less than one million dollars ($1,000,000) each occurrence with a two million dollars ($2,000,000) aggregate. This insurance shall cover liability, including, but not limited to, liability arising from premises, operations, the Work performed by Grantee within the Easement Area, temporary construction and access Page 3 of 6 operations, contractual liability, broad form property damage, and independent contractors. b. Environmental Impairment (or Pollution Liability) Insurance: Grantee shall maintain environmental impairment or pollution liability insurance with a limit of not less than five million dollars ($5,000,000). Such coverage shall not exclude damage to the Easement Property. If coverage is written on a claims- made basis, Grantee shall maintain continuous coverage or purchase tail coverage for four (4) years following the expiration or termination of this Temporary Construction and Access Easement. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Where commercially available, Grantee shall also maintain such coverage for gradual pollution incidents. c. Automobile Liability Insurance: Grantee shall maintain automobile liability insurance with a limit of not less than one million dollars ($1,000,000) each accident. Such insurance shall cover liability arising out of any automobile utilized by Grantee in its operations regarding the Easement Property (including owned, non-owned, and hired automobiles). d. Worker's Compensation Insurance: Grantee shall maintain worker's compensation and employer's liability insurance. The worker's compensation limits shall be as required by statute and employer's liability limits shall not be less than one million dollars ($1,000,000) each accident for bodily injury by accident and one million dollars ($1,000,000) each employee for bodily injury by disease. e. Excess (or Umbrella) Liability Insurance: Grantee shall maintain excess (or umbrella) liability insurance with a limit of not less than twenty-four million dollars ($24,000,000) per occurrence with a twenty-four million dollar ($24,000,000) aggregate. Such insurance shall be in excess of the commercial general liability insurance, automobile liability insurance and employer's liability insurance as specified above. TO HAVE AND TO HOLD unto the said Justland Development, LLC as aforesaid for the purposes and during the time as above described. Page 4 of 6 Witness m hand to be effective this,..��a of _ � ��' , 2016 "Effective Date" Y Y ��:�/�� :� �- � ) GRANTOR: THE CITY OF DENTON, TEXAS: r' By: � ��, :��t �� HOWARD MARTIN �" INTERIM CITY MANAG� THE STATE OF TEXAS COUNTY OF DENTON �� , � � � Thfs i��r��i w�� c.��v��d�c�C �cfc�a-� ��ae �r� t��c �� d�y ��` � r"�'�� '..,. , �(��f�, by Howard Martin, Interim City Manager, on behalf of the City of Denton, Texas. �� i b8!'��K «••••� LL�"15"S� �»a"�@£.�a��5�be.Sti35u�� _��, _ � � , ��, . ��°�° ��.��:��;�� , ,�°. ,��, � v ��. �� ~��'��" �� e„ �� w.� � � � ��''� �` �"� "�� ?�' � ....... � �c�° axy Public, State of Texas Page 5 of 6 ': .��1 JUSTLAND �iC'V�L�PMENT, LLC: �'' * , a f � � � �� B �� `-� �� , y. �. Its: ....��..e. _�. �� .� THE STATE OF TEXAS COUNTY OF DENTON This instrument was �.�ls�ac��l��d �i��'�r� rne c�� a� �m� d�y ca�'.�„ ��, 2016, b� �� . � �, 9 �� on b��i�oi",��tlaa��l ��vclapme��, �.L�. ,.. � :y{� ,d Sa_. r� '�a.rr„ �,�t'� s�� r�, . ,. �+'g, '..: ��,, �� h�J�.t�sr� P��Iiu, ��t� �� 1s��a:, "�. �:� �`c�e�rr�. Expir�� 1�7—�i ��P�� ,�� y 5++� ¢ �r} (� @,y �+xbPuv3iv%�` P��(R.M1�� R� °W��63�48a3 APS Hlo V EL AS 1 O LEl7AL 1' o161r1. ANITA BURGESS, CITY ATTORNEY �. f �«Io�x��y u�li�, State of T�x �s �°�• r BY: `� � �� j�,'��, �,�� .i�..� �� Page 6 of 6 ��... � .� �. �� . �� PAGE 1 OF 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED TRACT TWO, 17.251 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN COUNTY CLERK DOCUMENT NUMBER 2003-R0053036, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A TWENTY FOOT CONSTRUCTION ACCESS EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED "10023300" AT THE SOUTHWEST CORNER OF SAID CITY OF DENTON TRACT, BEING THE NORTH WEST CORNER OF A TRACT DESCRIBED IN A DEED TO MARGARET LOVETTE, RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 00-R0086631, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND ON EAST RIGHT-OF-WAY LINE OF RUDDELL STREET, THENCE NORTH 00 DEGREES 45 MINUTES 08 SECONDS EAST WITH THE WEST LINE OF SAID CITY OF DENTON TRACT AND WITH THE EAST RIGHT-OF-WAY LINE OF RUDDELL STREET, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 45 MINUTES 08 SECONDS EAST, A DISTANCE OF 20.00 FEET TO A POINT FOR A CORNER FOUND ON THE EAST LINE OF SAID CITY OF DENTON TRACT AND BEING ON THE EAST RIGHT-OF-WAY LINE RUDDELL STREET. THENCE NORTH 89 DEGREES 18 MINUTES 56 SECONDS EAST, A DISTANCE OF 431.28 FEET TO A POINT FOR A CORNER ON THE EAST OF THE SAID CITY OF DENTON TRACT AND THE WEST LINE OF SAID LOVETT TRACT. THENCE SOUTH 00 DEGREES 45 MINUTES 08 SECONDS WEST, WITH THE EAST LINE OF SAID CITY OF DENTON TRACT AND BEING ON THE WEST LINE RIGHT-OF-WAY LINE SAID LOVETT TRACT. A DISTANCE OF 20.00 FEET TO A POINT FOR A CORNER THENCE SOUTH 89 DEGREES 18 MINUTES 56 SECONDS WEST, A DISTANCE OF 431.47 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0.198 ACRES OF LAND. _ � ��,-��`- �� FIRM #10023300 N � E I CJlH�7 J I RCC I (60' RIGHT—OF—WAI� P�II�`T �i� � LOT 1 ��91�N�� m LOT 2 POINT Q � �1 � COMMENCI�V � � LOT 3 �ry � --- I� � LOT 4 ��gy s�f ,� � IR Pf �� LOT 5 r 0 100 200 _ LJNE TABLE PAGE 2 OF 2 _��_ N oo�a5'oe� E �o.00' L2 N 00'45'08" E 20.00' L3 S 00� 13'09" W 20.00' S�RVEY gRO�K 55 J . A�T N 0 • ABSTR 0.198 CONSTRUCTION ACCESS EASEMENT PART OF A CALLW TRACf 7W0 17.251 ACRE TRACT CIfY OF DENfON CC/ 2003-R0053038 DR N 89' 18'56" E 431.28' �fl' CONSTRUCTION ACCESS FASEMENT - - � __ __ _ S 89'18'S6" W 431.47' I%ESA � �E BLOCK B CAB. �.�.RG. 119 N M ♦ Y7 �O n F s g � o o s � g 300 SCALE IN FEET � � � �� . �� i�� ■ 940-387-0506 223 W. HICKORY, DENTON, TEXAS 76201 info@metroplexsurveying.com )WN. G CKD. s SCALE 1��= DATE I23I'� a�c}ri ��N � � I L-- W 01 O � s o �'�..�F � i `��,�� s T`F�� ,e� � o';tP ,.�,,.,.. a,..,..�.... �B.�G. SH ELTON P�.R�. �.,.a4��... � � �,. � °`��s��`�u.:�� • . S�R'��' Er � � � -� � �.- .�� `; FIRM NO. 10023300 JOB N0. � � � � , � ' � , �' � ' � �' , • ' • . � . . r . �; � �; !; . �, �s �� . � � � �� ., � � �, r � �,� �'•� �, �R! � � � �� ; ; . � � � � � � � / � �' � � � � s . � ' ' i ' � � ; � ' THAT, the City of Denton, Texas, a Texas Municipal Corporation (the "City" or 66Grantor"), for and in consideration of the sum of ONE DOLLAR and NO CENT5 ($1.00) and other good and valuable consideration to Grantor paid by Justland Development, LLC, a Texas limited liability company, whose principal place of business is located at 4440 Bentwood Drive, College Station, Texas 77845 (66Grantee"), the receipt and suffciency 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 passage, in, along, upon and across a twenty foot (20') wide path crossing certain property owned by Grantor and situated at AOOSSa J. Brock, Tr 36, R33447 and R33449, more commonly known as 1000 and 1100 Ruddell Si., Denton, Texas, respectively, and such twenty foot (20') wide path being more particularly described in and depicted on �:��i��it °`:A.'' and M+:�l�ilaii "��" both of which are attached hereto and made a part hereof by reference as if fully set forth herein (the 66Easement Property99), for a period as defned below and not to exceed three (3) years from the Effective Date of this easement. The easement rights granted herein shall continue from the Effective Date of this easement until the earlier of the following (the "Effective Term"): A. Construction of the permanent Ruddell Street Extension Stormwater System Project, a 2014 Bond Program project, is completed and the Temporary Drainage Facilities specified below are replaced with permanent connections to the Ruddell Street Extension Stormwater System; or B. Three (3) years from the effective date of this easement. Upon the occurrence of the earlier of the above conditions, this easement shall ipso facto terminate and all rights shall revert to Grantor. Grantee shall have sixty (60) days following the termination of this easement to remove all Temporary Drainage Facilities from the Easement Property and restore the property to its 66UeiLOI�Pi99 condition, acceptable to the City. It is further agreed that Grantee will have the right to complete the construction of the below described Temporary Drainage Facilities and maintain same (including cutting of vegetation adjacent to the temporary stormwater facilities and erosion control) during the Effective Term. The easement rights granted herein are for the purpose of constructing, installing, repairing, and maintaining a Temporary Sediment Control and Storm Drain Outfall as identified on Exhibit B(66Temporary Drainage Facilities") and for the flow of water from the Ternporary Drainage Facilities over the Easement Praperty, said Temporary Drainage Facilities to be located in, along, Page 1 of 6 upon and across said Easement Property, with the right and privilege of Grantee herein, its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across the Easement Property for the purpose of constructing, installing, repairing, maintaining, and removing the Temporary Drainage Facilities or any parts thereof. Grantor shall have no obligation to construct or maintain the Temporary Drainage Facilities but reserves the right to construct such infrastructure improvements upon and utilize the Easement Property so long as such actions do not unreasonably interfere with the rights granted herein. 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, 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 Temporary 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. Grantee shall at all times construct, keep, maintain, use, operate or remove the Temporary 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. GRANTEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS, AND A55IGNS FROM ANY AND ALL COSTS GRANTEE MAY INCUR AS A CONSEQUENCE OF GRANTEE'S USE OF THE EASEMENT PROPERTY AND/OR WORK RELATED TO THE TEMPORARY DRAINAGE FACILITIES AND AGREES TO ASSUME ALL RISKS ARISING THEREFROM, INCLUDING, BUT NOT LIMITED TO, DAMAGE5 OR CLAIMS ARISING FROM THE FLOODING OF PROPERTIES ADJACENT TO THE EASEMENT PROPERTY DUE TO GRANTEE'S EXERCISE OF EASEMENT RIGHTS. GRANTEE ADDITIONALLY AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS AND AS5IGNS FROM ANY AND ALL DAMAGES, CLAIMS OR LIABILITY OF ANY KIND WHATSOEVER AND BROUGHT BY ANY PARTY OR THIRD PARTY ASSOCIATED WITH DENIAL OF ANY REQUESTED PERMIT OR CERTIFICATE OF OCCUPANCY OR WITH THE CONSTRUCTION OF ANY TEMPORARY DRAINAGE FACILITIES CONTEMPLATED HEREIN, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH. Page 2 of 6 Grantee shall provide or cause to be provided the insurance described below for the Work, and shall maintain such insurance until such Temporary Drainage Facilities are removed and the site restored, except as otherwise required by this Section. A. Prior to the commencement of the Work, Grantee shall furnish the City with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below. A copy of the endorsements or other policy provisions adding the City as an additional insured to the insurance policies, endorsements providing the City thirty (30) days written notice of cancellation or material change in coverage, and all waivers of subrogation shall be attached to the certificate(s) of insurance. Upon request, certified copies of the insurance policies shall be furnished to the City. The City's acceptance of documents that do not reflect the required insurance, or the City's failure to request insurance documents, shall not constitute a waiver of the insurance requirements set forth in this easement. B. In the event any insurance required by this easement is cancelled, the easement will immediately terminate, triggering the termination provisions herein. C. Grantee shall provide the City thirty (30) days written notice of any cancellation, non- renewal, or material change in policy terms or coverage, and the policies shall be endorsed to provide the City such notice. D. All insurance policies shall be written by an insurer authorized to do business in Texas and with companies with a VIII or better rating in accordance with the current Best's Key Rating Guide, or with such other financially sound insurance carriers approved by the City. E. All insurance policies, with the exception of the worker's compensation policy, shall be endorsed to name the City, its officials, employees, agents and volunteers as additional insured on the policies. The additional insured coverages shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by the City, its officials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City as evidence of coverage. F. All insurance policies shall be endorsed with a waiver of subrogation in favor of the City, its officials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City. G. All insurance policies shall be written on an occurrence basis where commercially available. H. During the Effective Term of this Temporary Drainage Easement, Grantee shall report, in a timely manner, to the City any known loss or occurrence which has caused, or may cause in the future, bodily injury or property damage. I. Required Insurance Coverages: a. Commercial General Liability Insurance: Grantee shall maintain commercial general liability (CGL) insurance with a limit of not less than one million dollars ($1,000,000) each occurrence with a two million dollars ($2,000,000) aggregate. This insurance shall cover liability, including, but not limited to, liability arising from premises, operations, the Work performed by Grantee within the Easement Area, Temporary Drainage Facility operations, contractual liability, broad form property damage, and independent contractors. Page 3 of 6 b. Environmental Impairment (or Pollution Liability) Insurance: Grantee shall maintain environmental impairment or pollution liability insurance with a limit of not less than five million dollars ($5,000,000). Such coverage shall not exclude damage to the Easement Property. If coverage is written on a claims- made basis, Grantee shall maintain continuous coverage or purchase tail coverage for four (4) years following the expiration or termination of this Temporary Drainage Easement. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Where commercially available, Grantee shall also maintain such coverage for gradual pollution incidents. c. Automobile Liability Insurance: Grantee shall maintain automobile liability insurance with a limit of not less than one million dollars ($1,000,000) each accident. Such insurance shall cover liability arising out of any automobile utilized by Grantee in its operations regarding the Easement Property (including owned, non-owned, and hired automobiles). d. Worker's Compensation Insurance: Grantee shall maintain worker's compensation and employer's liability insurance. The worker's compensation limits shall be as required by statute and employer's liability limits shall not be less than one million dollars ($1,000,000) each accident for bodily injury by accident and one million dollars ($1,000,000) each employee for bodily injury by disease. e. Excess (or Umbrella) Liability Insurance: Grantee shall maintain excess (or umbrella) liability insurance with a limit of not less than twenty-four million dollars ($24,000,000) per occurrence with a twenty-four million dollar ($24,000,000) aggregate. Such insurance shall be in excess of the commercial general liability insurance, automobile liability insurance and employer's liability insurance as specified above. TO HAVE AND TO HOLD unto the said Justland Development, LLC as aforesaid for the purposes and during the time as above described. Page4of6 Witness my hand to be effective this�� day of �;�; �_�'� ��,, ��,�� 2016 ("Effective Date") GRANTOR: THE CITY OF DENTON, TEXAS: r�' r � �� By: � ��' � ` � �� ' `� �. �., ��aw�. .�M�� r��r INTERIM CITY MANAGER THE STATE OF TEXAS COUNTY OF DENTON � ��,� �''�� :� � T`�is ii��r��-�i w�� t��wi��„�� efr��, �� c�z� i��c ��_.:�,� ¢, d�y ��' �. �f��, � �.r �� , �f�1�� by Howard Martin, Interim City Manager, on behalf of the City of Denton, Texas. � �� g�+�§��g ^�{�.��q.�. M g !�kd •..m L.��"t�"&� 5m �£aL6$fi'S" �LJ kmY€"4 � ��4.e � yy q� � y- �! 0 1`{.. � 'y.�,.��h�9�"'tY4� Y�4urYA �k i�N�I�" �r�`" 1 .9.i qxr �+'� �� a,a�„��ut�« ��.� �.�'�'.� �i °.��,.7'� i Vp•, ,� �. .�,�-�.a w ,. �'�rw s W ``�� 9h��`�`��c��g� E9d�Ypg n4 1 4 w�vws�v—��m.:.�„� . - ��.� -. F: � � ��''' �"� �.�,�'`f'�,�� '� �� .�m_..w _ , , �:� � E � Nc��`��°y Public, State of �'�;��s �� Page 5 of 6 � i � , } ,�� °► � : � ��^��.�� . � �, THE STATE OF TEXAS COUNTY OF DENTON �� This instrument �w�a� ��lu�€�w��i�� before me on the �� ay of � �� ,� �� , 2016, by ` � � °,« s � ��.- �., , ��r� � ;�� . � t . - � i�� behalf of Justland I��v�lu��t, LLC. u , �..�., � yV�49 I —,,...��, . A,�f"'k �t�?�€ �3�,,,Sn.u�L"S ,...m ,�:4 T t tJ;e �} �-y 'ry y. �"� +� "�� (3i�ffi"} 4'k t��".+. �&RS�tJ �P If 7tt[ a�a. �� a +��"� ;`�?iY"49P"� �x�.ilik�-� �1£) �� 6„�4J M'' '�4 �� t�� ,� , =��,Ey � � ��a.�.,�.�.� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY !$ 4 � �' � ,,.� ..u�� 7 �� ^._ � 4„i:. ��. � ,• � . N�t� Public, State of �`e��s �4 i"� � k � � `'� r� � � � BY; � �m �s� �'° �� .. � � � �� .� �� Page 6 of 6 �I GG �� PAGE 1 OF 4 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED TRACT TWO, 17.251 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN COUNTY CLERK DOCUMENT NUMBER 2003-R0053036, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A 25 FOOT TEMPOARY DRAINAGE EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST SOUTHEAST CORNER OF SAID CITY OF DENTON TRACT, BEING AN INNER ELL CORNER OF A TRACT DESCRIBED IN A DEED TO MARGARET LOVETTE, RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 00-R0086631, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 13 MINUTES 09 SECONDS EAST WITH AN EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST LINE OF SAID LOVETTE TRACT, A DISTANCE OF 418.54 FEET TO A POINT ON THE EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST LINE OF SAID LOVETTE TRACT AND BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 43.80 FEET TO A POINT FOR CORNER; THENCE SOUTH 57 DEGREES 25 MINUTES 20 SECONDS WEST, A DISTANCE OF 37.97 FEET TO A POINT FOR CORNER; THENCE SOUTH 42 DEGREES 23 MINUTES 28 SECONDS WEST, A DISTANCE OF 48.36 FEET TO A POINT FOR CORNER; THENCE SOUTH 55 DEGREES 29 MINUTES 57 SECONDS WEST, A DISTANCE OF 34.34 FEET TO A POINT FOR CORNER; THENCE SOUTH 31 DEGREES 02 MINUTES 49 SECONDS WEST, A DISTANCE OF 45.51 FEET TO A POINT FOR CORNER; THENCE SOUTH 02 DEGREES 25 MINUTES 12 SECONDS EAST, A DISTANCE OF 41.90 FEET TO A POINT FOR CORNER; THENCE SOUTH 48 DEGREES 27 MINUTES 47 SECONDS EAST, A DISTANCE OF 31.96 FEET TO A POINT FOR CORNER; THENCE SOUTH 39 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 34.89 FEET TO A POINT FOR CORNER; THENCE SOUTH 17 DEGREES 22 MINUTES 53 SECONDS EAST, A DISTANCE OF 59.08 FEET TO A POINT FOR CORNER; THENCE SOUTH 02 DEGREES 41 MINUTES 18 SECONDS WEST, A DISTANCE OF 35.03 FEET TO A POINT FOR CORNER , GG _ » PAGE 2 OF 4 THENCE SOUTH 34 DEGREES 52 MINUTES 26 SECONDS WEST, A DISTANCE OF 42.11 FEET TO A POINT FOR CORNER; THENCE NORTH 55 DEGREES 07 MINUTES 34 SECONDS WEST, A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; THENCE NORTH 34 DEGREES 52 MINUTES 26 SECONDS EAST, A DISTANCE OF 34.90 FEET TO A POINT FOR CORNER; THENCE NORTH 02 DEGREES 41 MINUTES 18 SECONDS EAST, A DISTANCE OF 23.39 FEET TO A POINT FOR CORNER; THENCE NORTH 17 DEGREES 22 MINUTES 53 SECONDS WEST, A DISTANCE OF 49.69 FEET TO A POINT FOR CORNER; THENCE NORTH 39 DEGREES 51 MINUTES 00 SECONDS WEST, A DISTANCE OF 28.04 FEET TO A POINT FOR CORNER; THENCE NORTH 48 DEGREES 27 MINUTES 47 SECONDS WEST, A DISTANNCE OF 40.70 FEET TO A POINT FOR CORNER; THENCE NORTH 02 DEGREES 25 MINUTES 12 SECONDS WEST, A DISTANCE OF 60.03 FEET TO A POINT FOR CORNER; THENCE NORTH 31 DEGREES 02 MINUTES 49 SECONDS EAST, A DISTANE OF 58.45 FEET TO A POINT FOR CORNER; THENCE NORTH 55 DEGREES 29 MINUTES 57 SECONDS EAST, A DISTANCE OF 36.89 FEET TO A POINT FOR CORNER; THENCE NORTH 42 DEGREES 23 MINUTES 28 SECONDS EAST, A DISTANCE OF 48.79 FEET TO A POINT FOR CORNER; THENCE NORTH 57 DEGREES 25 MINUTES 20 SECONDS EAST, A DISTANCE OF 22.17 FEET TO A POINT FOR CORNER; THENCE NORTH 69 DEGREES OS MINUTES 21 SECONDS WEST, A DISTANCE OF 144.15 FEET TO A POINT FOR CORNER; THENCE NORTH 20 DEGREES 51 MINUTES 39 SECONDS EAST, A DISTANCE OF 25.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 69 DEGREES 08 MINUTES 21 SECONDS EAST, A DISTANCE OF 155.78 FEET TO A POINT FOR CORNER; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 53.68 FEET TO A POINT FOR CORNER ON AN EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST LINE OF A TRACT DESCRIBED IN A DEED TO RABON E. SANDERS, ET UX, RECORDED IN VOLUME 541, PAGE 154, DEED RECORDS, DENTON COUNTY, TEXAS; I► � � � '� � I �_. PAGE_ 3 OF 4 THENCE SOUTH 00 DEGREES 02 MINUTES 38 SECONDS EAST WITH AN EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST LINE OF SAID RABON TRACT, A DISTANCE OF 5.02 FEET TO A 1/2 INCH IRON PIN FOUND ON TAN EAST LINE OF SAID CITY OF DENTON TRACT AND THE SOUTHWEST CORNER OF SAID RABON TRACT, SAID PIN ALSO BEING THE NORTHERN MOST NORTHWEST CORNER OF SAID LOVETTE TRACT; THENCE SOUTH 00 DEGREES 13 MINUTES 09 SECONDS WEST WITH AN EAST LINE OF SAID CITY OF DENTON TRACT AND A WEST LINE OF SAID LOVETTE TRACT, A DISTANCE OF 24.98 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0.362 ACRES OF LAN D. � . O F �- °�, �...�.' �� 5 T f e��'� � �4�� .�'� �B.�Gj. }�SH�ELTONP � .. �, ,5452� ,� :'r� { �� ''�.��`f s s 4��" '�� ,SUR��' �� .�� . , ,�, ��r ,� ._ FIRM #10023300 � L1. N��{7"�if)`dJi)",Ir� �:i,E��]" L2 S57°25'20"W 37.97' L3 S42°23'28"W 98.36' L4 S55°29'57"W 34.34' L5 S31°02'49"W 45.51' L6 S02°25'12"E 41.90' L7 S48°27'47"E 31.96' L8 S39°51'00"E 34.89' L9 S17°22'53"E 59.08' L10 S02°41'18"W 35.03' L11 S34°52'26"W 92.11' L12 N55°07'34"W 25.00' L13 N34°52'26"E 34.90' L14 NO2°41'18"E 23.39' L15 N17°22'53"W 49.69' L16 N39°51'00"W 28.04' L17 N48°27'47"W 40.70' L18 NO2°25'12"W 60.03' L19 N31°02'49"E 58.45' L20 N55°29'57"E 36.89' ?,,21 N42°23'28"E 48.79' r22 N57°25'20"E 22.17' L23 N69°08'21"W 144.15 I�24 N20°51'39"E 25.00' �25 S69°08'21"E 155.78 L26 N90°00'00"E 53.68' L27 S00°02'38"E 5.02' L28 S00°13'09"W 24.98' GJdEO TRACP ONE CIPY OF DEMON ��r z�—R��a �� TEXAS STREET (60' RIGHT—OF—WAI� LOT 1 � lAT 2 � �� s m (7 LOT 4 � J CY� LOT b 0 100 200 3 W 0 � � W W � H � J J w � � � � � �� . � . ■ . ,�; � ; ,'� � [� � 25` TEMPORARY D INAGE EASEM��T �� ` �' � 0.362 ACR�� " � � r � � � � POINTt'�F H��gi�Mih � � PART OF A CALLm TRACT 7W0 � � n.ast a� m,acr +� � � CIIY OF DEMON `� � -----� cc� aoo �Roo�oae _ _ � ..�j QO W � �� # � �.... � LOT E � ��Rv� � W W � ¢ . B�'�� N0. 55 �°,�� o�� s �� b � � � � � � L1 � �,; Z � � �or 4 � � � � � 300 LATTIMORE STREET f ' __ FC7q��d[� 1/2 IRON PIN ' I LOT a �-- ___ Sd�S.;� E . __BLOqC 9..__. CAB, R, P�. '�t� � ,r � n n m w � � � � .... � �.... � � � , � $CALE IN FEET � � � - ��.d u rvey� n g, � n c. 940-387-0506 223 W. HICKORY, DENTON, TEXAS 76201 irai��r��tr�sp��xs�rv�ying.com — )WN. C . SCALE � .w= M DATE : / / - FIRi`� NO. 10023300 OB N0. 2 i i: r �. ��i ��,2,i. 1' , ,� �� y� �. � �� G,A�� . , . -� �— - f -� � i , ,;� nvn� �a�� , ,;;�� •° �' �, � . � �--- � � � � `� � �� '�� " - u_ �a �, _ ��E� �� iI ,, � _ , , '' _, � o �'.��. �. r � i�B y-- _'------dYPlfbkF.y�gM14�slk6. � � IE�'.f:L�DF�&'a � .��'"V�LI"y�� -0 �, CAUTION�� f � I(' � � � ,� i t� � � a�.;:� w �� - � ��'t.n,�,^�ti�n.�^�r�r� � � _ ,=a�� ' , „ r. �� irr":� � r I .. � � , � j� — - � .wo«,a °" . � � . I' •�w �„ i t . x, .. ,. .. , .� i � , � � �. I I � � .�Y� �-. f� _ _ ...�\. p.�.� �'ww'° i � � � �h^ xi� .� ., � a i ' i � � � ��_. v �. ' � ,,., � ___ . a,:: � 4,�3$ ti�€� �tLL [�i �Gl��J3Gli _ , — — i P �i'!'v.. �Yh�C._'Q +��LgA� .......... rv_.x ��SD—A1°' ,Cs �.?�. ,�� „� , s,e � s �,� a � {I � � - ��I��.,�, � '��,��y � � tw/J� o - � n�e �{� +� �tl �#gF � i�s�. � Q � Z ,w ,�u � � ,� `y° rt =- � g � y � a y � m � i �� a sv� 1 � o �' � T�� 3 � .,, .,, (� E„ �.g — � � _ ^" � 9 � � (i � I� c o lLl L m � � ..... - s: aw G ,�, �� .� }� �,� _ As�� a m , a > �w� �� ' , ea ywc�.r�. ,.� �, o.,� �� d..� 9 "V G -228-2016-12 B 828" Recorded On: October 12, 2016 03:45 PM Total Recording: 74.00 File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: D@IItOCI GOUCItj/ Juli Luke County Clerk Instrument Number: 128828 Real Property Recordings EASEMENT °° Examined and Charged as Fallows: •• Number of Pages: 13 "'�"**"*'"'"** THIS PAGE IS PARTOF THE INSTRUMENT'"**'""*****�' Any provision herein which restricts the Sale, Rental oruse ofthedescribed REAL PROPERTY because of color orrace is invalid and unenforceable under federal law. 128828 20161012000619 October 12, 2016 03:45 PM Joy R Station 9 STATE OF T'EXAS COUNTY OF DENTON Record and Return 7a: City of Denton 215 E McKinney St Denton TX 76201 I hereby certiFy that this Insh-�unent was rIL�D In the File Number sequence on the date/time rti y printed heron, and was duly RECORllED in the Official Records of Denton County, Texas. Juli Luke County Clerk Denton County, TX 1 ►/''�::" � _ ' i � �•� : • , .• ,� �. �� ♦ .. � ��: ��. ♦ �� . � .... � !' ♦ R� �. � •�::��. !. . ♦. 4 �. • .. : • R: .. � . � �,... � �� : : / . . � '.. ��:• � ♦. •. .. � •. �. � �. : .,��. R ! . �..• � 1� �. • �� .,. R: � � � � ,�: � ,: �...... • . �: •� ... �. ��. ! .. R •.. f� ,: . � ! � ��. �� , �. ��. •�: �� i#�7f] �� , .�.��. ..� �.., G � S THAT, the City of Denton, Texas, a Texas Municipal Corporation (the "City" or "Grantor"), for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor paid by Justland Development, LLC, a Texas limited liability company, whose principal place of business is located at 4440 Bentwood Drive, College Station, Texas 77845 (66Grantee"), 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 passage, in, along, upan and acrass a twenty foot (20') wide strip on certain property, owned by Grantor and situated at AOOSSa J. Brock, Tr 36, R33447, more commonly known as 1000 Ruddell St., Denton, Texas, and being mare particularly described in and depicted on l��l�il��t "�", attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"), for a period as defined below and not to exceed one (1} year from the Effective Date of this easement. The easement rights granted herein shall continue from the Effective Date of this easement until the earlier of the following (the "Effective Term"): A. Constructian af the permanent public infrastructure improvements for the Meadow Oaks, Phase 4 subdivision is completed and accepted by Grantor; or B. One (1) year from the effective date of this easement. Upan the occurrence of the earlier of the above conditions, this easement shall ipso facta terminate and all rights shall revert to Grantor, Grantee shall have sixty (60) days following the termination of this easement to remove all added materials, whether for construction or access, from the Easement Property and to restore the Easement Property to the same conditian in which it existed prior to Grantee's use. It is further agreed that Grantee will have the right to complete the construction of a Temporary Access Road within the Easement Property and maintain same during the Effective Term. Grantee shall stabilize and maintain the Easement Property during the Effective Term to protect against rutting and erosion. The easement rights granted herein are for the purpase of access and construction activities to be located in, along, upon and across said Easement Property, with the right and privilege of Grantee herein, its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upan and across the Easement Praperty for the purpase of access and construction or any parts thereof. Grantee shall have the right, at Grantee's sole cost and expense, to trim or Page 1 af 6 remove trees or shrubbery within the Easement Property, to the extent it is necessary to prevent possible interference with the efficiency, safety, or operation of temporary access and/or the Temporary Access Road. Grantee's agrees that all construction traffic shall access Ruddell Street, and ultimately the Easement Property, from Mingo Road, avoiding the neighborhood to the south of the Easement Property. Grantor shall have no obligation to construct within or maintain the Easement Property, or any temporary improvements constructed or desired by Grantee, but reserves the right to construct such infrastructure improvements upon and utilize the Easement Properiy so long as such actions do not unreasonably interfere with the rights granted herein. 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, 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 Temporary Access Road (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. Grantee shall at all times construct, keep, maintain, use, operate or remove the Temporary Access Road in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. GRANTEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COSTS GRANTEE MAY INCUR AS A CONSEQUENCE OF GRANTEE'S USE OF THE EASEMENT PROPERTY AND/OR WORK RELATED TO THE TEMPORARY ACCE5S ROAD AND AGREES TO A55UME ALL RISKS ARISING THEREFROM, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR CLAIMS ARISING FROM THE FLOODING OF PROPERTIES ADJACENT TO THE EASEMENT PROPERTY DUE TO GRANTEE'S EXERCISE OF EASEMENT RIGHT5. GRANTEE ADDITIONALLY AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL DAMAGE5, CLAIMS OR LIABILITY OF ANY KIND WHATSOEVER AND BROUGHT BY ANY PARTY OR THIRD PARTY ASSOCIATED WITH DENIAL OF ANY REQUESTED PERMIT OR CERTIFICATE OF OCCUPANCY OR WITH THE CONSTRUCTION OF ANY TEMPORARY ACCESS ROAD CONTEMPLATED HEREIN, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH. � Page 2 of 6 Grantee shall provide or cause to be provided the insurance described below for the Work, and shall maintain such insurance until such temporary access road is removed and the site restored, except as otherwise required by this Section. A. Prior to the commencement of the Work, Grantee shall furnish the City with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below. A copy of the endorsements or other policy provisions adding the City as an additional insttred to the insurance policies, endorsements providing the City thirty (30) days written notice of cancellation or material change in coverage, and all waivers of subrogation shall be attached to the certificate(s) of insurance. Upon request, certified copies of the insurance policies shall be furnished to the City. The City's acceptance of documents that do not reflect the required insurance, or the City's failure to request insurance documents, shall not constitute a waiver of the insurance requirements set forth in this easement. B. In the event any insurance required by this easement is cancelled, the easement will immediately terminate, triggering the termination provisions herein. C. Grantee shall provide the City thiriy (30) days written notice of any cancellation, non- renewal, or material change in policy terms or coverage, and the policies shall be endorsed to provide the City such notice. D. All insurance policies shall be written by an insurer authorized to do business in Texas and with companies with a VIII or better rating in accordance with the current Best's Key Rating Guide, or with such other financially sound insurance carriers approved by the City. E. All insurance policies, with the exception of the worker's compensation policy, shall be endorsed to name the City, its officials, employees, agents and volunteers as additional insured on the policies. The additional insured coverages shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by the City, its officials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City as evidence of coverage. F. All insurance policies shall be endorsed with a waiver of subrogation in favor of the City, its offcials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City. G. All insurance policies shall be written on an occurrence basis where commercially available. H. During the Effective Term of this Temporary Construction and Access Easement, Grantee shall report, in a timely manner, to the City any known loss or occurrence which has caused, or may cause in the future, bodily injury or property damage. I. Required Insurance Coverages: a. Commercial General Liability Insurance: Grantee shall maintain commercial general liability (CGL) insurance with a limit of not less than one million dollars ($1,000,000) each occurrence with a two million dollars ($2,000,000) aggregate. This insurance shall cover liability, including, but not limited to, liability arising from premises, operations, the Work performed by Grantee within the Easement Area, temporary construction and access Page 3 of 6 operations, contractual liability, broad form properly damage, and independent contractors. b. Environmental Impairment (or Pollution Liability) Insurance: Grantee shall maintain environmental impairment or pollution liability insurance with a limit of not less than five million dollars ($5,000,000). Such coverage shall not exclude damage to the Easement Property. If coverage is written on a claims- made basis, Grantee shall maintain continuous coverage or purchase tail coverage for four (4) years following the expiration or termination of this Temporary Construction and Access Easement. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Where commercially available, Grantee shall also maintain such coverage for gradual pollution incidents. c. Automobile Liability Insurance: Grantee shall maintain automobile liability insurance with a limit of not less than one million dollars ($1,000,000) each accident. Such insurance shall cover liability arising out of any automobile utilized by Grantee in its operations regarding the Easement Property (including owned, non-owned, and hired automobiles). d. Worker's Compensation Insurance: Grantee shall maintain worker's compensation and employer's liability insurance. The worker's compensation limits shall be as required by statute and employer's liability limits shall not be less than one million dollars ($1,000,000) each accident for bodily injury by accident and one million dollars ($1,000,000) each employee for bodily injury by disease. e. Excess (or Umbrella) Liability Insurance: Grantee shall maintain excess (or umbrella) liability insurance with a limit of not less than twenty-four million dollars ($24,000,000) per occurrence with a twenty-four million dollar ($24,000,000) aggregate. Such insurance shall be in excess of the commercial general liability insurance, automobile liability insurance and employer's liability insurance as specified above. TO HAVE AND TO HOLD unto the said Justland Development, LLC as aforesaid for the purposes and during the time as above described. Page4of6 '�4'iiness �� 1��1c� t� �� f�`�c�iv� t1�:i��,da� c��`„ �' �kP�"�"�� '°r'�1�x ��3�� a�ff��tiu� l�ai�"� _��.�� GRANTOR: THE CITY OF DENTON, TEXAS: . � -. ,, � � ,. ' �� r � �� By: � �� f ��° ��, �=�c�w�� rr� INTERIM CITY MAN� � � THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ��-'� ��-�� day of �� ,��, 2016, ,��. . , by Howard Martin, Interim City Manager, on behalf of the City of Denton, Texas. � . �� ,. ��SR fr �� •.5%+ti"Y� � �i`6 �'!�k\se� "3W��'rt �� .. � � � '�`� ,��a�� t��.,s� �.�� - � _ � ,. � �'�"�. � ,:' ��$�., �� w��7 � M ��;�'v`q�;E,�` ��,�� .��,��._,� �-m��., �� . _ � '� � �� „� �. .....�� ,.�� .... l�r� ��y Public, State of Texas Page 5 of 6 GRANTEE: � � � � �� ; � � � ,�� _� � � THE STATE OF TEXAS COUNTY OF DENTON � � �`� � �� This ins�r�ss��t was ��l�n��rlc� r�� l��%1�� th� � �'� d�y €�f� � ,�� , 2016, bY � � F� a `� � � : �_ , �� '� _ `� �,��r�-� ��ii" �f J��t��r�c� I��v�6c��a��r�i, �1..�. _ �� -�s�w+�+,r.�wi�n� � �� WW4Y dd � � ��a �a�� '�'1�'� � " q � d Lr,�,:. :�" 4�°;��, � iS��aty �'ts�.�e, a��d�a c,� T��a �� .s� ,��a ,,� �"��;r€�, ��'sr�� i'��im��;�� `�aa,��E4�+iryt I��T�� : � ��b� , , � � � � „ �; �, i• :\I - BY: � � � � � � � �� ,�� fi � �,,� ' �s „�� 3'i��r�Public, State of T�� Page 6 of 6 � " GG » PAGE 1 OF 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A CALLED TRACT TWO, 17.251 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN COUNTY CLERK DOCUMENT NUMBER 2003-R0053036, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A TWENTY FOOT CONSTRUCTION ACCESS EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED "10023300" AT THE SOUTHWEST CORNER OF SAID CITY OF DENTON TRACT, BEING THE NORTH WEST CORNER OF A TRACT DESCRIBED IN A DEED TO MARGARET LOVETTE, RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 00-R0086631, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND ON EAST RIGHT-OF-WAY LINE OF RUDDELL STREET, THENCE NORTH 00 DEGREES 45 MINUTES 08 SECONDS EAST WITH THE WEST LINE OF SAID CITY OF DENTON TRACT AND WITH THE EAST RIGHT-OF-WAY LINE OF RUDDELL STREET, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 45 MINUTES 08 SECONDS EAST, A DISTANCE OF 20.00 FEET TO A POINT FOR A CORNER FOUND ON THE EAST LINE OF SAID CITY OF DENTON TRACT AND BEING ON THE EAST RIGHT-OF-WAY LINE RUDDELL STREET. THENCE NORTH 89 DEGREES 18 MINUTES 56 SECONDS EAST, A DISTANCE OF 431.28 FEET TO A POINT FOR A CORNER ON THE EAST OF THE SAID CITY OF DENTON TRACT AND THE WEST LINE OF SAID LOVETT TRACT. THENCE SOUTH 00 DEGREES 45 MINUTES 08 SECONDS WEST, WITH THE EAST LINE OF SAID CITY OF DENTON TRACT AND BEING ON THE WEST LINE RIGHT-OF-WAY LINE SAID LOVETT TRACT. A DISTANCE OF 20.00 FEET TO A POINT FOR A CORNER THENCE SOUTH 89 DEGREES 18 MINUTES 56 SECONDS WEST, A DISTANCE OF 431.47 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0.198 ACRES OF LAND. � ' #��'� =.3 f r.� � . FIRM #10023300 1 c-� E TEXAS STREET (60' RIGHT—OF—WAI� POINT OF LOT 1 BEGINNI�V m LOT 2 ��iN� .3 t�r�t��n��vt: � LOT 3 � a LOT 4 �� a �� LOT S ..— uNE rAe� PAGE 2 OF 2 L1 N 00'45'oa• E �o.00' L2 N 00'45'08"" E 20.00' ' L3 S 00'13'09° W 20.00' S�R�EY gRO�K 55 �. �T Np,k ABSTRA 0.198 CONSTRUCTION ACCESS EASEMENT PAFi� OF A CALLED TRACT TWO 17.251 ACRE TRACT CfIY OF DENTON CC/ 2003-R0053038 DR � N 89' 18'S6" E 431.28' �,Q 20' CONSTRUCTION ACCESS EASEMENT _ S 89' 18'56" W 431.47' !' L1 —� m.. _ � �iN I�.. �11F7f3 .__ R��IN .� .. ___MESA BLOCK �.� . � � CAB. �. !'G. 11B N M a �n ,o s � � g o � � �� -�g�, � � RPR l�3 � IHS7PF PYht� I � _ _ 0 700 200 300 � SCALE IN FEET �t -- � � . � � �■ 940-387-0506 223 W. HICKORY, DENTON, TEXAS 76201 info@m�Erc�pl��csurveyirry�.��r )WN. � CKD. S SCALE ,� ..=1 DATE 7I2 I ��••�F••'�� .�.�� s T f�.--�~� `�. � � � w� �B�.k�.�ySHELTON� r �*��5452��O�i �ss� ��==.5 U�R�;�� ,, v � �. � FIRM NO. 10023300 .TOB N0. � 2 �v�-�z�-z� � 6-� zaszs� Recorded On: October 12, 2016 03:45 PM Total Recording: 62.00 File Information: Document Number: Receipt Number: Recorded Date/Time User: Station: Denton County Juli Luke Caunty Clerk Instrument Number: 128829 Real Property Recordings EASEMENT °' Examined and Charged as Follows: °° Number of Pages: 10 *rrr.ra*w,r,aw,a� TFi�J� PA�7E �J PQ1RTOF Ti�E �N.�`JTRUMENT **w*wa,r,r�,a,a Any provision herein which restricts the Sale, Rental oruse ofthedescribed REAL PROPERTY because of color orrace is invalid and unenforceable under federal law. 128829 20161012000619 October 12, 2016 03:45 PM Joy R Station 9 STAT'E OF TEXAS COUNTY OF DENTON Record and Retuen Ta: City of Denton 215 E McKinney St Denton TX 76201 I hereby certify that this Inshument was rIL�D In the File Number sequence on the date/time printed heron, and was duly R�CORDEll in the Official Records of Denton County, Texas. Juli Luke County Clerk Denton County, TX