19-088SALega kOur Documcnts\Ordinanci s\I 9\I1ctrus Wastewater Service Agreement Ordinance
NIM f ♦ 6
WHEREAS,. prepared proposed routing. force mainand .
traverses Ranchand adjoining property owned by Petrus Investment, LP, and
Hillwood Investment Land, LP, a Texas limited partnership,1 construct the Robson
Wastewater1 and
WHEREAS,o1 1 f Investment Land, LP, agrees 1 grant
City sanitary sewer utility easements to accommodate the construction of the Project; and
WHEREAS,
1 completionof the Project, the City will provide . . 1,
Hunter Ranch for at least800 SFE 1n Project as proposed; anf
WHEREAS, Petrus Investment, L, agrees that the City's proposal to construct the Project
is desirable; and
WHEREAS, the City Council finds the transaction contemplated by the Wastewater
Service Agreement is in the best interest of the citizens of the City ofDenton; NOW,
THEREFORE,
SECTION 1. The recitals and findings contained in the preamble of this ordinance are
expressly incorporated herein.
herebySEC110N.2. The City Manager, or his designee, is
Wastewater Service Agreement, attached as Exhibit "A", for and on behalf of the City of Dento
f to performany actions made necessary 1 prescribed by theagreement.
article,ag r or word in this
or application thereofany persons or circumstances,, 1
unconstitutional 1, competent jurisdiction,holding shall not affect the validity of
remainingthe portions of this ordinance; 1 declares . would have ordained
portionsuch remaining despite f such remaining portion
forcef
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The rirotion to appixwc tliis ordinance was made by � �� �� �� �_',��r� � and seconded
Y� �d';' " the ordinance was passed and approved by the
b °�
..... .......__ .
1biCr: sir 9, vote
Aye Nay
Chris Watts, Mayor:
Gerard Hudspeth, District 1: t °
Keely G. Briggs, District 2:
Don Duff, District 3: "
John Ryan, District 4:"
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
PASSED AND APPROVED this the�day of �"o���12 (119.
ATTEST: °,.
ROSA RIOS, CITY SECRET.
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
.........
I a(mom lk�/
CHRIS WA] 1 S, MAYOR
Page 2
IN=, HIM ME
THE STATE OF TEXAS
COUNTY OF DENTON
THIS WASTEWATER SERVICE ACRE'E NT (the "Agreement") is made and entered
into on the day of , 2019 by and between Petrus Investment, L.P., a
Texas limited partnership ("Petrus"), whose mailing address is 9800 Hillwood Parkway, Suite
300, Fort Worth, Texas 76177, Hillwood Investment Land, L.P., a Texas limited partnership
("HIL"), whose mailing address is 9800 Hillwood Parkway, Suite 300, Fort Worth, Texas 76177
(Petrus and HIL are referred to herein collectively as the "Developer"), and the City of Denton,
Texas, a municipal corporation and a home -rule municipality (the "City"), located in Denton
County, Texas.
WHEREAS, the Developer is the owner and developer of "Hunter Ranch," a
development located in the City, and is more particularly described or shown in Exhibit "1"
which is attached hereto and incorporated herewith by reference (the "Development" or "Hunter
Ranch"); and
WHEREAS, wastewater conveyance for at least 800 Single Family Equivalents ("SFE")
from the proposed Hunter Ranch will be provided by the City through a proposed expansion of
the existing wastewater system located on Robson Ranch Road on the east side of Interstate
Highway 35W; and
WHEREAS, the City has prepared a proposed routing of the force main and gravity
main to accommodate wastewater conveyance for at least 800 SFE from Hunter Ranch which is
attached as Exhibit "2" (the "Project"); and
WHEREAS, upon completion of the Project, the City will provide wastewater service to
Hunter Ranch for at least 800SFE on the Project as proposed; and
WHEREAS, the Developer agrees that the City's proposal regarding wastewater service
is desirable; and
WHEREAS, it is contemplated by the City and Developer that at some point in the
future there will be a wastewater collection line constructed as described in Section 2.0 servicing
the property described or shown on Exhibit "2" attached hereto ("Robson Ranch"), Hunter
Ranch and other properties to be determined (said wastewater collection line being referred to in
this Agreement as the "Roark Branch" and to be located generally in the area shown on Exhibit
"2" hereto).
NOW THEREFORE, in consideration of the mutual covenants contained herein,
1. 1 l rir lla of ��c_v lc� �" si�a�plJbitit e . The Developer's responsibilities
provided for in this Agreement are described as follows:
A. The Developer agrees to grant City an Underground Sanitary Sewer Utility
Easement in the form attached hereto as Exhibit " Y and affecting the area
depicted in Exhibits "A" and `B" to Exhibit " Y for the proposed force main;
B. The Developer agrees to grant City an Underground Sanitary Sewer Utility
Easement in the form attached hereto as Exhibit "4" and affecting the area
depicted in Exhibits "A" and "B" to Exhibit 114" for the proposed gravity main;
and
C. Utilization by Developer of any SFE for the Development are subject to payment
of applicable impact fees.
2. 1) lqrition of City,,.1 l ll tjc; . The City's responsibilities provided for in this
Agreement are described as follows:
A. The City will design, construct, and maintain, at the City's expense, any and all
wastewater collection lines, lift stations and other facilities necessary or
appropriate to transport wastewater from Hunter Ranch to the City's wastewater
treatment facilities, for at least an 800 SFE capacity, and which will include a
minimum of five sewer stubs to serve Hunter Ranch;
B. The City will design, construct and maintain, at the City's expense, any and all
wastewater treatment facilities and other facilities necessary or appropriate to
treat wastewater from Hunter Ranch, for at least 800 SFE capacity;
C. The City agrees when wastewater service is added to the north of Hunter Ranch through
the completion of the future Roark Branch sewer line up to the current Cole Ranch south
property limit abutting Hunter Ranch, and the Roark Branch sewer line within Hunter
Ranch is constructed to the existing lift station, in the locations generally shown on
Exhibit "2", the wastewater flows from Robson Ranch will be transferred to the Roark
Branch within six months of completion of the portion of the Roark Branch crossing
Hunter Ranch. The Robson wastewater flows will_generally traverse through the Hunter
Ranch and Cole Ranch in the Roark Branch sewer line -in Hunter Ranch, Cole Ranch,
and downstream to the existing City of Denton sewer line, conceptually as shown in
Exhibit 2. All costs, including but not limited to, the design, permitting and construction
of any infrastrucutre to transfer the Robson Ranch wastewater flows to the Roark Branch
sewer line shall be at City's expense. The City agrees that upon completion of transfer of
the Robson wastewater flows as described above, the Underground Sanitary Sewer
Utility Easement referred to in Section I.A. above for the force main will terminate.
3. Nofices. Any notice, demand or other communication required or permitted to be
delivered hereunder (other than invoices to be delivered as hereinafter described) sha)l
be deemed given and received when sent by United States mail, postage pre -paid, certified mail,
return receipt requested, addressed to each respective party, or sent via facsimile to the fax
number set forth for each party at the time indicated on the confirmation of transmission
generated by the sender's electronic equipment, as follows:
If to the Cit
Ifto the Developer:
L. Russell Laughlin
Petrus Investment, L.P.
Fort Worth, Texas 76177
L. Russell Laughlin
Hillwood Investment Land, L.P.
Fort Worth, Texas 76177
pRMTO
Denton, Texas 76201
With copies to:
Hillwood Properties
Attn: Associate General Counsel
Hillwood Properties
Attn: Associate General Counsel
The parties hereto may change their respective notice addresses for all communications and
invoices, by a written notice delivered to the other party, in accordance with the terms of this
Section 3.
5. Time the Essence. Time is of the essence in the performance of obligations
.e is _
under this Agreement.
6. Goverrdncp ,Law and Revu.latoar utli )�kt . This Agreement was executed in the State of
Texas and shall be governed by, construed, interpreted, and enforced all in accordance with the
laws of the State of Texas. All obligations of the parties created under this Agreement are fully
performable in Denton County, Texas. The parties agree that exclusive venue for any
lawsuit enforcing or interpreting any of the rights and obligations, or for any other cause of
action arising under this Agreement, shall be a court of competent jurisdiction in Denton
County, Texas. The City does not hereby voluntarily waive any claim or defense it may have at
law, including but not limited to immunity.
7. ntarel olv w�!V rr p.tt. This Agreement constitutes the sole and entire agreement and
understanding between the City and the Developer regarding the Project. Neither party
hereto is bound by or liable for any statement, representation, promise, inducement,
understanding, or undertaking of any kind or nature, whether written or oral, with regard to the
subject matter hereof not set forth or provided or herein. This Agreement replaces all prior
agreements and undertakings between the parties hereto with regard to the subject matter
hereof. It is expressly agreed that the Parties may have other agreements covering other services
not expressly provided for herein, which agreements are unaffected by this Agreement.
8. to o p F�+Igjpgrme. The City and the Developer shall not be in default or otherwise
liable for any delay in, or failure of, performance under this Agreement if such delay or failure
arises by any reason beyond its reasonable control, including any act of God, any acts of the
common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures
or delay in transportation or communications. The parties will promptly inform and consult
with each other as to any of the above causes, which in their judgment may or could be the cause
of a delay in the performance of this Agreement, and each party shall use commercially
reasonable best efforts to limit delays on its part.
9. S -yers 1N�t . If any term or provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the legality, validity or enforceability of the remaining terms or
provisions of this Agreement shall not be affected thereby, and in lieu of each illegal, invalid or
unenforceable term or provision there shall be added automatically to this Agreement a
legal, valid or enforceable term or provision as similar as possible to the term or provision
declared illegal, invalid, or unenforceable.
10. men'd ealt. This Agreement may be amended only upon the mutual agreement of both
of the Parties hereto, which amendment shall not be effective until it is reduced to writing and
authorized and executed by the Parties or their respective successors and assigns.
11. Assi _ nabil ice. The City may not assign this Agreement. The Developer may, upon
written 30-days notice to the City, assign this Agreement, in whole or in part, to any one or more
persons or entities acquiring all or any of the Development.
4
12. No Waiver,. The failure of the City or the Developer to insist, on any occasion, upon
strict performance of any provision of this Agreement will not be considered to waive the
obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of
any term of this Agreement shall be deemed or construed to constitute a waiver of any other
breach or violation, whether concurrent or subsequent, and whether of the same or of a different
type of breach or violation.
13. No third Pij ter I-jgR 0IIiTies. This Agreement is not intended to, and does not
create rights, remedies, or benefits of any character whatsoever in favor of any persons,
corporations, associations, or entities other than the Parties hereto and their permitted
successors -in -interest; and the obligations herein undertaken and assumed are solely for the use
and benefit of the Parties, their successors -in -interest, and any permitted assigns pursuant to the
terms and provisions of this Agreement.
14. '� �gt;�m t 1 iaa t, W i n u� i ii of , crnent. The descriptive headings of the
various articles and sections of this Agreement have been inserted for the convenience of
reference only, and are to be afforded no significance in the interpretation or construction of this
Agreement. Both Parties hereto have participated in the negotiation and preparation of this
Agreement, which shall not be construed either more or less strongly against or for either Party.
15. Gender. Within this Agreement, words of any gender shall be held and construed to
include any other gender, and words in the singular number shall be held and construed to
include the plural, unless the context otherwise requires.
16. Exhibits. All Exhibits to this Agreement are incorporated herewith by reference for
all purposes, wherever reference is made to the same.
17. i i d i EfTe t. This Agreement shall be binding upon and inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns.
18. r.11,i"pliiiicrat. This Agreement may be executed in counterparts, each of which
is deemed an original, but all of which constitute but one and the same instrument
19. Authorily. The City represents that this agreement has been approved and duly
adopted by the City Council of the City in accordance with all applicable public meetings and
public notice requirements (including, but not limited to, notices required by the Texas Open
Meetings Act) and that that the individual executing this Agreement on behalf of the City has
been authorized to do so. Developer represents that this Agreement has been approved by
appropriate action of Developer and that the individuals executing this Agreement on behalf of
Developer have been authorized to do so.
20. No ] ecordjM�. The City and Developer agree not to record this Agreement or any
memorandum thereof in the real property records of Denton County, Texas. Notwithstanding
the foregoing, the easements contemplated herein shall be recorded in the Real Property Records
of Denton County, Texas.
21. Mult 1e _Deveto )er Parties. Notwithstanding anything to the contrary, Petrus and HIL
shall each only be liable for those obligations of Developer under this Agreement which relate to
the portion of Hunter Ranch that is owned by such party (and not those obligations of Developer
under this Agreement which relate to the portions of Hunter Ranch which are not owned by such
party). Notwithstanding anything to the contrary, the obligations of the City under this
Agreement are made for the benefit of both Petrus and HIL, and Petrus or HIL shall have the
right to enforce Developer's rights and pursue Developer's remedies under this Agreement
either jointly or severally to the extent of their respective interests hereunder.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their
respective duly-autborizcdofficials and officers on this the day of
2019.
"CITY»
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
t.1
Y
I Todd Hileman, City Manager
" r
g
215 E. McKinney
Denton, Texas 76201
Fax No. (940) 349-8596
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By ,�
1R Mul \
Petrus Investment, L.P.
a Texas limited partnership
By: PMC Management, L.P.,
a Texas limited partnership,
its sole general partner
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its sole general partner
�S Name
Title... .l_l� taw
Hillwood Investment Land, L.P.
a Texas limited partnership
By: Hillwood Operating, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Services GP, LLC,
a Texas limited liability company,
its general partner
By. 4-"� .... It
_� .. .....
6. Name..._ _.. � ... L"' 41,..............µ..
Title: `" 't
ROBSON RANCH RD
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBEIL
THE STATE OF TEXAS §
COUNTY OF DENTON §
consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in
hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in
Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201
("GRANTEE"), the receipt and sufficiency of which is hereby acknowledged, has granted, sold, and
conveyed and by these presents does grant, sell and convey unto the GRANTEE a perpetual, non-
exclusive easement (the "EASEMENT") for the purposes of constructing, operating, maintaining,
reconstructing, and servicing thereon one 12-inch diameter underground sanitary sewer wastewater
pipeline, along with all necessary and convenient underground appurtenances, including but not
limited to sewer manholes, and air release valves (collectively referred to herein as the "FACILITIES")
under and across that certain real property situated in Denton County, Texas, being more particularly
described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and incorporated into this
document by reference (the "EASEMENT PROPERTY"). No Facilities shall be installed by Grantee
on the surface of the Easement Property except such equipment, including but not limited to air release
valves and sewer manhole covers, as is reasonably necessary for the actual operation of the
underground sanitary sewer wastewater pipeline installed under the Easement Property. This grant and
conveyance is made subject to all matters of record.
GRANTEE shall have the right of ingress and egress to and from the EASEMENT
PROPERTY for the purposes of and right to construct, maintain, operate, improve, reconstruct,
increase (but in no event greater than 12-inch diameter) and reduce the size and capacity, repair,
relocate, inspect, patrol, maintain, remove or replace such FACILITIES within the EASEMENT
PROPERTY as GRANTEE may from time to time find necessary and convenient. GRANTEE shall
have the right, at GRANTEE's sole cost and expense, to trim or remove trees orshrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary to prevent
possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to
remove possible efficiency, safety or operational hazards thereto. GRANTEE may her, at
GRANTEE's sole cost and expense, install gates in existing fences within such EASEMENT
PROPERTY. If it is necessary to remove or relocate any fence or gate during the initial construction
of the FACILITIES, GRANTEE will remove or relocate the fence or gate at GRANTEE's expense
and replace at Grantee's expense after construction. GRANTEE will at all times, after doing any work
in connection with the construction, repair, maintenance, or operation of said FACILITIES, restore the
surface of the EASEMENT PROPERTY, to the extent reasonably practicable, to its condition prior to
such work.
GRANTOR, for itself, its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not unreasonably interfere with the GRANTEE'S full enjoyment of the
EASEMENT and/or the exercise of GRANTEE's rights hereunder. Except as otherwise provided in
this Easement, GRANTOR shall not construct, and GRANTEE shall have the right to prevent the
construction of buildings, structures, signs, impoundments, detention ponds, or other obstructions of
any kind C'UNPERMITTED STRUCTURES") on the EASEMENT PROPERTY. If any
UNPERMITTED STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within
the EASEMENT PROPERTY without prior written consent of GRANTEE, then GRANTEE shall
2
have the right to remove the same and GRANTOR agrees to pay to GRANTEE the reasonable actual
costs of such removal. GRANTOR may, following written consent by GRANTEE, construct
buildings, structures, or other facilities within the EASEMENT PROPERTY, where GRANTEE
determines, in its reasonable discretion, such construction will not unreasonably interfere with the
safety or operation of the FACILITIES. For purposes of this EASET, the following uses are
permitted by GRANTOR of the EASEMENT PROPERTY, without approval of GRANTEE: growing
crops, agricultural uses, landscaping (though not the planting of trees), paved parking lots, streets,
roads, drives, paved fire lanes, ingress/egress purposes, and utility crossings, so long as such crossings
are not less than a 45 degree angle and no greater than a 90 degree angle to the centerline of the
EASEMENT, at such place or places as GRANTOR may from time to time hereafter select for public
or private use, provided that all of GRANTEE's required and applicable spacings, including depth
separation limits and other protective measures, are met by GRANTOR. There shall be no
longitudinal installation. If such uses or crossings employed by GRANTOR are underground, they
shall be installed so as to keep a minimum clearance of two feet from any existing sanitary sewer
pipeline, except in cases of gas pipeline crossings wherein the minimum clearance shall be five feet.
GRANTEE acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted. Other utility providers may be permitted under separate grant from GRANTOR,
and upon notice to GRANTEE, to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and across the EASEMENT PROPERTY, provided such other
grants do not unreasonably interfere with the use of the EASEMENT by GRANTEE for the purposes
set forth herein. All gas lines must be separated by at least five feet depth from any of GRANTEE's
lines installed pursuant to and in accordance with this EASEMENT, and all other lines must be
separated by at least two feet depth from any of GRANTEE's lines installed pursuant to and in
accordance with this EASEMENT. If GRANTOR installs lines prior to installation of lines by
3
GRANTEE, it shall be GRANTEE's responsibility to separate its lines by at least the applicable depth
described above from any lines previously installed by GRANTOR (or parties claiming by, through or
under GRANTOR).
GRANTEE agrees that at any time whether before or after initial construction of the pipeline,
GRANTOR may, at GRANTOR'S cost, relocate the Easement (including the pipeline and any related
appurtenances) to another location along other lands as designated by GRANTOR, provided the
proposed location is compatible with GRANTEE'S then -existing wastewater infrastructure.
GRANTOR shall furnish, at Grantor's expense, all new easements across GRANTOR's property
necessary for the relocation.
GRANTEE shall not have the right to assign this EASEMENT, or any of the rights herein
granted, in whole or in part without the written consent of Grantor.
GRANTEE shall notify GRANTOR by telephone at least 48 hours before each construction or
repair project commences on the EASEMENT PROPERTY, except in the event of emergencies. in
the event of emergencies, GRANTEE shall notify GRANTOR as soon as reasonably possible under
the circumstances.
This EASEMENT shall automatically terminate and be of no further force or effect upon the
earlier of (i) the transfer of the Robson wastewater flows as described in that certain Wastewater
Service Agreement dated on or around the date hereof by and between Grantor and Grantee; or (ii)
abandonment by GRANTEE. Upon termination of this EASEMENT, GRANTEE agrees, at
GRANTOR's option, either to remove the pipelines and appurtenant facilities, to level and fill the
ditch, to seed the area and to restore the area as much as reasonably possible to its original condition,
or to sever such pipelines, to purge the lines of all substances, and to seal the ends of the pipelines, in
which case the pipe and appurtenant facilities shall become the property of GRANTOR.
All notices required or permitted hereby, other than the 48-hour pre -construction notice above,
4
shall be in writing and become effective after being deposited in the U.S. mail, certified or registered
L. Russell Laughlin
Petrus Investment, L.P.
Fort Worth, Texas 76177
Hillwood Properties
Attn: Associate General Counsel
Fort Worth, Texas 76177
lq� �lill I I� 111111111111illill : 11 1 111
City of Denton
I'laul Williamson
901 -A Texas Street
W,enton, Texas 76209
[��acsimile: (940) 349-8951
Attorney's Office
215 E. McKinney
Denton, Texas 76201
Facsimile: (940) 382-7923
111111rijiIIIIIIII ill �111111111 Ill"!
.1 1=11A
EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
WITNESS THE EXECUTION HEREOF on the day of2019.
0
0 , I I . 1 0 ' 1 0
Flo mtmo-'A 110
By: PMC Management, L.P.,
a Texas limited partnership,
its sole general partner
By: Hillwood Development Company, LL
a Texas limited liability company,
its sole general partner I
to
IER am
rk
This instrument was acknowledged before me on the day of
by L. Russell Laughlin, Senior Vice President of Hillwood Development d'ompa—ny;-, L . .... LCon behalf
of said limited liability company, in its capacity as general partner of PMC Management, L.P., on
behalf of said limited partnership, in its capacity as general partner of Petrus Investment, L.P., on
behalf of said limited partnership.
Notary Public, State ofN
VA
GRANTEE:
City of Denton, Texas
a home rule municipal corporation
By: _ . .... . .............. . . . . . . . . ...... . . . .......
Todd Hileman
City Manager
TESTA OF
COUNTY OF
This instrument was acknowledged before me on the day of 2019,
by Todd Hileman, City Manager of the City of Denton, a home rule municipal corporation, ani
acknowledged to me that his signature is the act of the said partnership and that he executed the same
on behalf of the said partnership and in the capacity therein stated.
By,:
0 1IRGIM
,tfj LIS p V.11 MW V RNWAIN•
WH _
0
AFTER RECORDING RETURN TO:
Real Estate and ,• Support
90 1 -A Texas Street, 2 nd Floor
Denton, Texas 76209
Attn: • Williamson
N.
Notary Public, State •
My commission •
A
DESCRIPTION OF A
201 SANITARY SEWER EASE-ULEVT
BEING a tract of land situated in the E. Pizano Survey, Abstract Number 994, Denton County,
Texas, being a portion of that tract (Tract 1) of land described by deed to Petrus Investment, L.P.,
recorded in Volume 4246, Page 574, Real Property Records, Denton County, Texas and being
more particularly described by metes and bounds as follows:
COMMENCING at an ell comer in the west line of said Tract 1, being an ell comer of a
remainder tract of land described by deed to Robson Denton Development, L.P. recorded in
Volume 4373, page 216, said Real Property Records, from which the most westerly northwest
corner of said Tract I bears N 00'07'58"E, 380157 feet;
THENCE N 8905 1'27"E, 1217. 10 feet, with said west line, to an ell comer of said Tract 1,
being the northeast corner of said remainder tract;
THENCE S 00"28'24"E, 2156.61 feet, with said west line and the east line of said remainder
tract to the POINT OF BEGINNING;
THENCE S 45"28'24"E, 28.28 feet, departing said common line over and across said Tract 1.
THENCE S 00028'24"E, 898.20 feet;
THENCE S 00"37'22"E, 3249.44 feet;
THENCE S 89054'10"W, 20.00 feet, to the aforementioned West line of said Tract 1, being the
east line of a remainder tract of said Robson Denton Development tract;
THENCE N 00037'22"W, 3249.26 feet, with said west line;
THENCE N 00028'24"W, 918,25 feet, continuing with said west line to the Point of Beginning
and containing 83,151 square feet or 1.909 acres of land more or less.
"Integral parts of this document"
1. Description
2. Exhibit — 3 Pages
Peloton Job No. HWAI 6004 Tracking No ACH 7405
Denton March 06,2019
G:\IOB\HWA160(14—HUNTFR—ROBSON—RANCH—SS\SUR\EASEMENT'S\LEGALStHWA16004- EA2.DOCX Page] of4
Basis of Bearing Is the Texas Coordinate Systern
North CentpolZonp 4202, NAD 83
"q
IRF Iron Rod Found
4 IRS Iron Rod Set
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AT
tP
Approximate Survey Line
N F39 5 V2 7"E 1217,10'
CA
Point of
Commencing
Robson 06010n DPVe10PM,`ntL.,P.
Vol, 4373, ft 216
cv
00
rN
Point of
Beginning
32
31
3 1 0
D
Robson Ronch 5 flh2 00 06
lnsf,q 2004-16015 29X (N —
' 0 (n
0'
z
I
0 200 400
CRAPHIC SCALE IN FEET
"Integrolports of this dor-urnent"
1, Description
2. Exhibit - 3 Pages
S 4 5' 2 8'2 4'"E
28..28'
Petrus Investment, L.P,
Vol. 4246, Pg. 574
(Troct 1)
1.909 Acres
15
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Robson Ranch 5 Phd 10 <
Insi.0 2004-6285
R.P.R.DEY�
3249.26-1
SOO' 37'22"E
7. I! 1
3249.44-
— — L L
— .
Ma tcli 'Sheet—.,
3
41 20' Sanitary Sewer Easement
Situated in ffie E. Pizano Survey, Abstract Nunnber 994,
Denton Ct.&,rjy, Texos
-D, - -0�2- A(,;r 0!
QW0 H UN000 PARWAY, 15W VE ?-XP -5-1- . ..... a j_
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1? E LOTO N
LA N D SOLUTIONS
Basis of Bearing is the Ttxot, Coordinate System
North Central Z8ne 4202. rwArj 83
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1. Descrlption
2. Exhibit - 3 Pages
Petrus Investment, L.P,
Vol. 4246, Pg. 574
(Troct 1)
Exhibit of a
20' Sanitary Sewer Easement
Situated in the E. Pizono Survey, Abstract Number 994,
Denton County, Texas
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Af;7' 1AS1 AJ, S-Afl -RT I Yx%q-'g I -ffl-j� U4
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 §
consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in
hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in
Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201
("GRANTEE"), the receipt and sufficiency of which is hereby acknowledged, has granted, sold, and
conveyed and by these presents does grant, sell and convey unto the GRANTEE a perpetual, non-
exclusive easement (the "EASEMENT") for the purposes of constructing, operating, maintaining,
reconstructing, and servicing thereon one 15-inch diameter underground sanitary sewer wastewater
pipeline, along with all necessary and convenient underground appurtenances, including but not
limited to sewer manholes, and air release valves (collectively referred to herein as the "FACILITIES")
under and across that certain real property situated in Denton County, Texas, being more particularly
described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and incorporated into this
document by reference (the "EASEMENT PROPERTY"). No Facilities shall be installed by Grantee
on the surface of the Easement Property except such equipment, including but not limited to air release
valves and sewer manhole covers, as is reasonably necessary for the actual operation of the
undergrounds sewer wastewater pipeline installed under the Easement Property. This grant and
conveyance is made subject to all matters of record.
PROPERTY for the purposes of and right to construct, maintain, operate, improve, reconstruct,
increase (but in no event greater than 15-inch diameter) and reduce the size and capacity, repair,
relocate, inspect, patrol, maintain, remove or replace such FACILITIES within the EASEMENT
PROPERTY as GRANTEE may from time to time find necessary and convenient. GRANTEE shall
have the right, at GRANTEE'S sole cost and expense, to trim or remove trees orshrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary to prevent
possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to
remove possible efficiency, safety or operational hazards thereto. GRANTEE may further, at
GRANTEE'S sole cost and expense, install gates in existing fences within such EASEMENT
PROPERTY. If it is necessary to remove or relocate any fence or gate during the initial construction
of the FACILITIES, GRANTEE will remove or relocate the fence or gate at GRANTEE'S expense
and replace at Grantee's expense after construction. GRANTEE will at all times, after doing any work
in connection with the construction, repair, maintenance, or operation of said FACILITIES, restore the
surface of the EASEMENT PROPERTY, to the extent reasonably practicable, to its condition prior to
such work.
GRANTOR, for itself, its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not unreasonably interfere with the GRANTEE'S full enjoyment of the
EASEMENT and/or the exercise of GRANTEE's rights hereunder. Except as otherwise provided in
this Easement, GRANTOR shall not construct, and GRANTEE shall have the right to prevent the
construction of buildings, structures, signs, impoundments, detention ponds, or other obstructions of
any kind ("UNPERMITTED STRUCTURES") on the EASEMENT PROPERTY. If any
UNPERMITTED STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within
the EASEMENT PROPERTY without prior written consent of GRANTEE, then GRANTEE shall
2
have the right to remove the same and GRANTOR agrees to pay to GRANTEE the reasonable actual
costs of. such removal. GRANTOR may, following written consent by GRANTEE, construct
buildings, structures, or other facilities within the EASEMENT PROPERTY, where GRANTEE
determines, in its reasonable discretion, such construction will not unreasonably interfere with the
safety or operation of the FACILITIES. For purposes of this EASEMENT, the following uses are
permitted by GRANTOR of the EASEMENT PROPERTY, without approval of GRANTEE: growing
crops, agricultural uses, landscaping (though not the planting of trees), paved parking lots, streets,
roads, drives, paved fire lanes, ingress/egress purposes, and utility crossings, so long as such crossings
are not less than a 45 degree angle and no greater than a 90 degree angle to the centerline of the
EASEMENT, at such place or places as GRANTOR may from time to time hereafter select for public
or private use, provided that all of GRANTEE's required and applicable spacings, including depth
separation limits and other protective measures, are met by GRANTOR. There shall be no
longitudinal installation. If such uses or crossings employed by GRANTOR are underground, they
shall be installed so as to keep a minimum clearance of two feet from any existing sanitary sewer
pipeline, except in cases of gas pipeline crossings wherein the minimum clearance shall be five feet.
GRANTEE acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted. Other utility providers may be permitted under separate grant from GRANTOR,
and upon notice to GRANTEE, to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and across the EASEMENT PROPERTY, provided such other
grants do not unreasonably interfere with the use of the EASEMENT by GRANTEE for the purposes
set forth herein. All gas lines must be separated by at least five feet depth from any of GRANTEE's
lines installed pursuant to and in accordance with this EASEMENT, and all other lines must be
separated by at least two feet depth from any of GRANTEE's lines installed pursuant to and in
accordance with this EASEMENT. If GRANTOR installs lines prior to installation of lines by
3
GRANTEE, it shall be GRANTEE's responsibility to separate its lines by at least the applicable depth
described above from any lines previously installed by GRANTOR (or parties claiming by, through or
under GRANTOR).
GRANTEE agrees that at any time whether before or after initial construction of the pipeline,
GRANTOR may, at GRANTOR'S cost, relocate the Easement (including the pipeline and any related
appurtenances) to another location along other lands as designated by GRANTOR, provided the
proposed location is compatible with GRANTEPS then -existing wastewater infrastructure.
GRANTOR shall furnish, at Grantor's expense, all new easements across GRANTOR's property
necessary for the relocation.
GRANTEE shall not have the right to assign this EASEMENT, or any of the rights herein
granted, in whole or in part, without the written consent of Grantor.
GRANTEE shall notify GRANTOR by telephone at least 48 hours before each construction or
repair project commences on the EASEMENT PROPERTY, except in the event of emergencies. In
the event of emergencies, GRANTEE shall notify GRANTOR as soon as reasonably possible under
the circumstances.
This EASEMENT shall automatically terminate and be of no further force or effect upon
abandonment by GRANTEE. Upon termination of this EASEMENT, GRANTEE agrees, at
GRANTOR's option, either to remove the pipelines and appurtenant facilities, to level and fill the
ditch, to seed the area and to restore the area as much as reasonably possible to its original condition,
or to sever such pipelines, to purge the lines of all substances, and to seal the ends of the pipelines, in
which case the pipe and appurtenant facilities shall become the property of GRANTOR.
All notices required or permitted hereby, other than the 48-hour pre -construction notice above,
shall be in writing and become effective after being deposited in the U.S. mail, certified or registered
with appropriate postage prepaid or, if delivered by some other manner, when actually received.
4
Notices to the parties shall be addressed as follows:
L. Russell Laughlin
Petrus Investment, L.P.
9800 Hillwood Parkway, Suite 300
Fort Worth, Texas 76177
Copies to:
Hillwood Properties
Attn: Associate General Counsel
9800 Hillwood Parkway, Suite 300
Fort Worth, Texas 76177
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Facsimile: (940) 349-8951
For GRANTEE:
Trey Lansford, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Facsimile: (940) 382-7923
From time to time a party may designate a new address for the purpose of receiving notices hereunder
by giving notice of its new address to the other party in the manner provided above.
The EASEMENT shall constitute a covenant ruining with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEE, and their respective successors and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
WITNESS THE EXECUTION HEREOF on the day of 2019.
FOVRMLY#'
Petrus Investment, L.P.
a Texas limited partnership
R
its sole general partner
By: 1-fillwood Development Company, LLC,
a Texas limited liability company,
its sole general partner
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101MR1101:961
This instrument was acknowledged before me on the day of 2019,
by L. Russell Laughlin, Senior Vice President of Hillwood Development Company, LLC, on behalf
of said limited liability company, in its capacity as general partner of PMC Management, on
behalf of said limited partnership, in its capacity as general partner of Petrus Investment, L.P., on
behalf of said limited partnership.
Notary Public, State of,,,,
"'wiffiw' , . a
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GRANTEE:
City of Denton, Texas
a home rule municipal corporation
By: -----
Todd Hdean
City Manager
THE STATE
COUNTY OF
This instrument was acknowledged before me on the day of ,2019,
by Todd Hileman, City Manager of the City of Denton, a home rule municipal corporation, and
LUM41-44ril I ILI) MR I UWYMO ESIN1411 12,21-1111 01V 10 110 NO lu-Swil Iril"'FAM W" I 11,11M
Notary Public, State of ............. . . ........
My commission expires:.,,-,.,, I I——
ATTEST:
RACHEL WOOD, INTERIM CITY SECRETARY
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F.'IWN Dik'Atj DEK4119 01 QOVi DV till �Kn
"T TIMM
Real Estate and Capital Support
901 -A Texas Street, 2 nd Floor
Denton, Texas 76209
Attn: Paul Williamson
A
DESCRIPTION OF A
BEING a tract of land situated in the E. Pizano Survey, Abstract Number 994, Denton County,
Texas, being a portion of that tract (Tract 1) of land described by deed to Pet Investment, L.P.,
recorded in Volume 4246, Page 574, Real Property Records, Denton County, Texas and being
more particularly described by metes and bounds as follows:
COMMENCING at the southwest comer of said Tract 1, being in the east line of that tract of
land described by deed to Robson Denton Development, L.P. recorded in Volume 4373, Page
216, said Real Property Records and being in the no right-of-way line of Robson Ranch Road
(a variable width right-of-way);
THENCE N 00037'22"W, 15.00 feet, departing said right-of-way line, with the west line of said
Tract I and the east line of said Robson Denton Development tract to the PONT OF
BEGINNING;
THENCE N 00037'22"W, 20.01 feet, departing said common line over and across said Tract 1;
THENCE N 89054'10"E, 4135.61 feet;
THENCE N 00005'50"W, 5.00 feet;
THENCE N 89054'1 0"E, 600.00 feet;
THENCE N 00"05'50"W, 5.00 feet;
THENCE N 89054'10"E, 200.00 feet;
THENCE N 00005'50'V, 5.00 feet-P
THENCE N 89054'10"E, 289.89 feet, to the east line of said Tract 1, being the west line of that
tract of land described by deed to Hillwood Investment Land, L.P. recorded in Instrument
Number 2015-146192, said Real Property Records;
THENCE S 00018'12"E, 20.00 feet, with said common line;
THENCE S 89054'1 0"W, 289.96 feet, departing said common line over and across said Tract 1;
THENCE S 00005'50"E, 5.00 feet;
THENCE S 89054'10"W, 200.00 feet;
THENCE S 00005'50"E, 5.00 feet;
THENCE S 89054'10"W, 600.00 feet;
Peloton Job No. HWA16004 Tracking No. ACF#7409
Denton March 06, 2019
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1. Description — 2 Pages
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Peloton Job No. HWAI 6004 Tracking No. ACF#7409
Denton March 06,2019
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
COUNTY OF DENTON §
11111111111111111,11 Pill �ililill Ili 1 11111
oil I ► I
and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, to
GRANTOR in hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which
is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas
76201 ("GRANTEE"), the receipt and sufficiency of which is hereby acknowledged, has granted, sold,
and conveyed and by these presents does grant, sell and convey unto the GRANTEE a perpetual, non-
exclusive easement (the "EASEMENT") for the purposes of constructing, operating, maintaining,
reconstructing, and servicing thereon one 15-inch diameter underground sanitary sewer wastewater
pipeline, along with all necessary and convenient underground appurtenances, including but not
limited to sewer manholes, and air release valves (collectively referred to herein as the "FACILITIES")
under and across that certain real property situated in Denton County, Texas, being more particularly
described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and incorporated into this
document by reference (the "EASEMENT PROPERTY"). No Facilities shall be installed by Grantee
on the surface of the Easement Property except such equipment, including but not limited to air release
valves and sewer manhole covers, as is reasonably necessary for the actual operation of the
underground sanitary -sewer wastewater pipeline installed under the Easement Property. This grant and
conveyance is made subject to all matters of record.
GRANTEE shall have the right of ingress and egress to and from the EASEMENT
PROPERTY for the purposes of and right to construct, maintain, operate, improve, reconstruct,
increase (but in no event greater than 15-inch diameter) and reduce the size and capacity, repair,
relocate, inspect, patrol, maintain, remove or replace such FACILITIES within the EASEMENT
PROPERTY as GRANTEE may from time to time find necessary and convenient. GRANTEE shall
have the right, at GRANTEE'S sole cost and expense, to trim or remove trees or shrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary to prevent
possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to
remove possible efficiency, safety or operational hazards thereto. GRANTEE may her, at
GRANTEE'S sole cost and expense, install gates in existing fences within such EASEMENT
PROPERTY. If it is necessary to remove or relocate any fence or gated the initial construction
of the FACILITIES, GRANTEE will remove or relocate the fence or gate at GRANTEE'S expense
and replace at Grantee's expense after construction. GRANTEE will at all times, after doing any work
in connection with the construction, repair, maintenance, or operation of said FACILITIES, restore the
surface of the EASEMENT PROPERTY, to the extent reasonably practicable, to its condition prior to
such work.
GRANTOR, for itself, its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not unreasonably interfere with the GRANTEE'S full enjoyment of the
EASEMENT and/or the exercise of GRANTEE's rights hereunder. Except as otherwise provided in
this Easement, GRANTOR shall not construct, and GRANTEE shall have the right to prevent the
construction of buildings, structures, signs, impoundments, detention ponds, or other obstructions of
any kind ("LTNPERMITTED STRUCTURES") on the EASEMENT PROPERTY. If any
UNPERMITTED STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within
the EASEMENT PROPERTY without prior written consent of GRANTEE, then GRANTEE shall
2
have the right to remove the same and GRANTOR agrees to pay to GRANTEE the reasonable actual
costs of such removal. GRANTOR may, following written consent by GRANTEE, construct
buildings, structures, or other facilities within the EASEMENT PROPERTY, where GRANTEE
determines, in its reasonable discretion, such construction will not unreasonably interfere with the
safety or operation of the FACILITIES. For purposes of this EASEMENT, the following uses are
permitted by GRANTOR of the EASEMENT PROPERTY, without approval of GRANTEE: growing
crops, agricultural uses, landscaping (though not the planting of trees), paved parking lots, streets,
roads, drives, paved fire lanes, ingress/egress purposes, and utility crossings, so long as such crossings
are not less than a 45 degree angle and no greater than a 90 degree angle to the centerline of the
EASE MENT,.at such place or places as GRANTOR may from time to time hereafter select for public
or private use, provided that all of GRANTEE's required and applicable spacings, including depth
separation limits and other protective measures, are met by GRANTOR. There shall be no
longitudinal installation. If such uses or crossings employed by GRANTOR are underground, they
shall be installed so as to keep a minimum clearance of two feet from any existing sanitary sewer
pipeline, except in cases of gas pipeline crossings wherein the minimum clearance shall be five feet.
GRANTEE acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted. Other utility providers may be pennitted under separate grant from GRANTOR,
and upon notice to GRANTEE, to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and across the EASEMENT PROPERTY, provided such other
grants do not unreasonably interfere with the use of the EASEMENT by GRANTEE for the purposes
set forth herein. All gas lines must be separated by at least five feet depth from any of GRANTEE's
lines installed pursuant to and in accordance with this EASEMENT, and all other lines must be
separated by at least two feet depth from any of GRANTEE's lines installed pursuant to and in
accordance with this EASEMENT. If GRANTOR installs lines prior to installation of lines by
3
GRANTEE, it shall be GRANTEE's responsibility to separate its lines by at least the applicable depth
described above from any lines previously installed by GRANTOR (or parties claiming by, through or
under GRANTOR).
GRANTEE agrees that at any time whether before or after initial construction of the pipeline,
GRANTOR may, at GRANTOR'S cost, relocate the Easement (including the pipeline and any related
appurtenances) to another location along other lands as designated by GRANTOR, provided the
proposed location is compatible with GRANTEE'S then -existing wastewater infrastructure.
GRANTOR shall furnish, at Grantor's expense, all new casements across GRANTOR's property
necessary for the relocation.
GRANTEE shall not have the right to assign this EASEMENT, or any of the rights herein
granted, in whole or in part, without the written consent of Grantor.
GRANTEE shall notify GRANTOR by telephone at least 48 hours before each construction or
repair project commences on the EASEMENT PROPERTY, except in the evens of emergencies. In
the event of emergencies, GRANTEE shall notify GRANTOR as soon as reasonably possible under
the circumstances.
This EASEMENT shall automatically terminate and be of no ftu-ther force or effect upon
abandom-nent by GRANTEE. Upon termination of this EASEMENT, GRANTEE agrees, at
GRANTOR's option, either to remove the pipelines and appurtenant facilities, to level and fill the
ditch, to seed the area and to restore the area as much as reasonably possible to its original condition,
or to sever such pipelines, to purge the lines of all substances, and to seat the ends of the pipelines, in
which case the pipe and appurtenant facilities shall become the property of GRANTOR.
All notices required or permitted hereby, other than the 48-hour pre -construction notice above,
shall be in writing and become effective after being deposited in the U.S. mail, certified or registered
with appropriate postage prepaid or, if delivered by some other manner, when actually received.
4
Notices to the parties shall be addressed as follows:
L. Russell Laughlin
Hillwood Investment Land, L.P.
9800 Hillwood Parkway, Suite 300
Fort Worth, Texas 76177
Copies to:
For GRANTOR:
Hillwood Properties
Attn: Associate General Counsel
9800 Hillwood Parkway, Suite 300
Fort Worth, Texas 76177
GRANTEE:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Facsimile: (940) 349-8951
For GRANTEE:
Trey Lansford, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Facsimile: (940) 382-7923
From time to time a party may designate a new address for the purpose of receiving notices hereunder
by giving notice of its new address to the other party in the manner provided above.
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEE, and their respective successors and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
N
WITNESS EXECUTION on the day oi" _-------.. ! 2019.
HILLWOOD INVESTMENT LAND, L.P.,
a Texas limited partnership
By: Hillwood Operating, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Services GP, LLC,
a Texas limited liability company,
its general partner
By:..e.........
Name:
Title:
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of . mm , 2019,
by _ ......._ ._...._..__ .._..._._... .....� ,_...._ ,_.. �..,.. _ ..�. of Hillwood Services GP, LLC, on behalf
of said limited liability company, in its capacity as general partner of Hillwood Operating, L.P., on
behalf of said limited partnership, in its capacity as general partner of Hillwood Investment Land,
L.P., on behalf of said limited partnership.
Notary Public, State of
My commission expires.
2
GRANTEE:
City of Denton, Texas
a home rule municipal corporation
By:
Todd Hileman
City Manager
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on the ........... day of 2019,
by Todd Hileman, City Manager of the City of Denton, ome rule municipal corporation, and
acknowledged to me that his si+ is the act of the said iartnershin and -fiat Ve
Notary Public,
My commission expires:
M
P
FIVA "IM 010 W MR Wei I
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501 -A Texas Street, 2 nd Floor
Denton, Texas 76209
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DESCRIPTION OF A
20' SANITARY SEWER EASEMENi
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recorded in Instrument Number 2015-146192, Real Property Records, Denton County, Texas,
and being more particularly described by metes and bounds as follows:
COMMENCING at the southwest comer of said Hillwood Investment tract and being in the
north right-of-way line of Robson Ranch Road (a variable width right-of-way);
THENCE N 00"18'1 2"W, 21.77 feet, departing said north right-of-way line, with the west line
of said Hillwood Investment tract, to the POINT OF BEGINNING;
THENCE N 00`1 8'12"W, 20.00 feet, continuing with said west line and being the east line of
that tract of land described by deed to Petrus Investment, L.P., recorded in Volume 4246,
Page 574, said Real Property Records, from which the northwest comer of said lAillwood
Investment tract bears N 001 18'1 2"W, 2341.42 feet;
THENCE N 89054'1 0"E, 286.94 feet, to the east line of said Hillwood Investment tract and
being the west right-of-way line of Interstate Highway 35W (a variable width right-of-way);
THENCE S 29023'1 8"W, 22.98 feet, with said common line, from which the easternmost
southeast comer of said Hillwood Investment tract, bears S 29'23'1 8"W, 13.80 feet;
THENCE S 89"54'1 0"W, 275.56 feet, departing said common line, to the Point of Beginning
and containing 5,625 square feet or 0.129 acres of an more or less.
"Integral Parts of this Document"
® Description
2. Exhibit
Peloton Job No. HWA 16004 Tracking No. ACF# 7406
Denton March 05, 2019
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