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19-2896i � •, * ►*�' . �� ,� ��,� . . � • 1► • � � ' � � � � • k � � � ��. ♦ � . '. � �� • ♦ ' �� t �., � i ��, � ♦ � � l � f', . � �' � �' � ; � �, # * ! � ., � � � � � i � � . � �� .� ,. .�,, � � . �` � r � f i ' �.�. . . i` ii��l + ` � � � � �,�� .. � . � � �� i . . . �� ... � � .. � �,� � �I � ` • � . 1 ` i ` � a, . i r � � ` �� i ` w' � '�, � ! ` �'��, � � . . �� . . � �., . . � « � � . . , . . . � �. . � - . i�� . ♦ �� . � ♦ 1 � � . � �� , . � � �,'� .�� < M � �.,� . �� i � . �`i ��A � ��. . . � � ♦ �'i ♦ �� i ` i'�� ' � ��, � � � � r�01i1[�L�1�1�Ci11�� ■ �►� V �� t � t' � � A �� SECTTON 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City anager, or his designee, is authorized to execute and deliver to LTNT the Underground Gas Line Easement, as attached hereto as Exhibit 1, with the legal description being attached thereto as Exhibits "A" and "B." ` . ` � � �� . r � . �� . . � � . y .1i . . .♦', • . •,` • � ., . I � # ' � � i i ! f, � . 4 . . ., � �, . , , � � � �� . �, , . � ', � . � ., � � � . ��, � ` � � r� ` � � .' � . ♦ . ! � � � � � . ` '� � � f ` ' SECTI ON 4. This ordinance shall become effective immediately upon its passage and approval. ' ance was made by _�,� �`��°,��' ��°��'��W�,�"" and seconded The motion to approve this ordm ., by _ M,�,� d� '� �,� � �n�� ,� „ the ordinance was ��.^ci and �approved by the �a��l��wv�� a�� [ _;�"U �";� q �� Chris Watts, Mayor: Gerard Hudspeth, District 1; Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay � � � � � Abstain �� Absent �, ��Ial�� 1�1� ��'��.��'�[;I�:� �l�i� ��. � `��, �� f:' -� �� '��u�,�,�°'��d��"��,.,, 2019. � � �P � ATTEST: ROSA RIOS, CITY SECRETARY r � �� . BY. �� , x , „e _ �_��.._�, v� � �� , �,�,�� ,aJ �� ... ...... APPROVED AS TO LEGAL FORM: � CITY ATTO�' � l::Y AAR N LEAL , � o� �� ,�� w , � � � ,� BY: � ,s,� � � � , _� � � � � _ ,�r��.�� ,� ��._� w., A,, .,,,,,_ � d ,.�w� ;,� � ,., �/ � ' �� ,;' �� °�, � ' � � ,. � ' ��" d 8�� S WATTS, MAYOR .... ., �... Page 2 THE STATE OF TEXAS COUNTY OF DENTON Exhibit � UNDE � UND G�S LINE EASEMENT § § § KNOW ALL MEN BY THESE PRESENTS: That the CITY OF D� ' , a Texas home-rule municipal corporation, hereinafter called "Grantor," for and in consideration of Ten and No/ioo Dollars ($io.00) and other valuable consideration to Grantor in hand paid by UNIVERSITY OF NORTH TEXAS, a higher education ins�� on of the State of Texas, located at ��55 Union Circle #3��040, Denton, TX �62o3-5oi�, hereinafter referred to as "Grantee," has granted, sold, and conveyed and by these presents does grant, sell, and convey ur�to said Grantee, its successors and assigns, an easement for an underground gas line and all necessary or desirable appurtenances ("Grantee's Facilities"), over, under, through, across, and upon the portion of Grantor's land described in Exhibit A and depicted in Exhibit B attached hereto. SAVE AND EXCEPT from the rights granted herein — Surface mounted equipment or facilities of Grantee shall be prohibited in any area constituting a public roadway and adjoining pedestrian walkways. Together with the right of ingress and egress along and upon said easement and under and through adjoining properties in which Grantee has an interest for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, and reconstruct Grantee's Facilities. Grantee shall not make changes in grade, elevation, or contour of the land or surface of the land within the easement area without prior written consent of Grantor. Grantee expressly acknowledges that it must obtain all applicable permits before disrupting traffic or conducting construction activities within the roadway. Grantor reserves the right to use the land above, below, and within the easement granted herein for a public roadway and to maintain, operate, repair, remove, replace, reconstruct, and change the size and capacity of city utilities, provided such use shall not interfere with the exercise by Grantee of the rights granted herein. Grantee's Facilities are subordinate to the City's use of the City Right-of-Way, including without limitation, utilities and street improvements located now or in the future within the Easement Area. In the event the City repairs, expands, or adds to its facilities within the Easement Area, and in the City's sole opinion it is necessary that Grantee's Facilities be modified, removed, or relocated, in whole or part, to accommodate such repairs, expansion, or addition, UNT shall, at its sole cost, modify, remove, or relocate Grantee's Facilities, as directed by the City, no later than i2o days after the City gives UNT written notice. To the extent permitted by law, UNT shall defend, indemnify, and hold harmless the City, its employees and agents from and against any and all claims, expenses (including attorney fees), damages, losses, and judgments arising out of or incident to the presence, construction, operation, and maintenance of Grantee's Facilities. UNT shall require that its contractor provide and maintain throughout the installation of Grantee's Facilities, general liability insurance in an amount equal to at least $500,000.0o per occurrence, naming the City of Denton, its officers and employees as additional insureds. Prior to commencing any work within the Easement Area, UNT shall deliver to the City an insurance certificate evidencing such insurance which certificate wi�� c��°� �p�a�v�� w� �� "��:�r �r�,d :��1� ��1� �1�� i��r�� t�,�� 1. or ��r�e�a��a�'. �� th+� �� 1�.�� 1�� iea�a� �� : �� i�:�� a�� `��i�� or ��a��i��z�. �u�� k��a�� a°v�i�� r��r��e° �� su��•��c�� i� �`��a�: �� t�i� �� its officers and employees. UNT and its contractor will prevent construction equipment from damaging existing G�ty facilities or public utilities located within the Easement Area and adjacent areas. The City will not be responsible for any costs of construction, operation, and maintenance of Grantee's Facilities. It is further agreed that the City shall not be liable for any damage to Grantee's Facilities as a result of the City's use of the City Right-of-Way. If any City property is damaged or destroyed by UNT or its agents, it may be repaired or replaced by the City at UNT's expense and payment shall be due upon LTNT's receipt of an invoice from the City. The Easement Area and City Right-of-Way shall be protected from washing and erosion by a method approved by the City. � Construction equipment and materials shall not be stored on the Easement Area. TO HAVE AND TO HOLD the above-described easement unto the said Grantee, its successors and assigns, until all of said Grantee's Facilities shall be abandoned, and in that event sai� ��r��. shall cease and all rights herein granted ��,�� and revert to Denton or its ��a�� and assigns; and Denton hereby binds D��, it� ��ssors, assigns, and legal representatives, to warrant and forever defend the easement unto UNT, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, when the claim is by, through, or under Denton, but not otherwise. EXECUTED this ,,,,nw � ��W.... day of _ ��". ��,�� 2oi9. GRANTOR: CITY OF DENTON Y' . B �WWm�mw �� o��..... � �_ . .... .,....... .�.e., ,....��. Todd Hileman, City Manager ATTEST: ROSA RIOS, CITY SECRETARY f "� � BY: � ��.�.�� ,., ��i�� ,�.� , " � � �- THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obl��°�� and N�� terms. �.�.. � � � � �. � m �° .... .��. _� Signature ,�, � ��.:. �� ... ��,� �� ,M�� . �� ..�..e. � �� .� ��m.�_ �� .w�� .��. ... . Department ��°°� � � Date Signed: �,� , �� ' .� � �wa_... _��.._ .�� THE STATE OF TEXAS COUNTY OF DENTON § § § w m� S � ,,� g av I �l f tt� . p,"'"�„ ( 4 �„ � 'i � .` � '� �� sx� '�' 'r�'is f°� r� �� ;; �,+u,y „� `� r,� r l c.,. ��f„ J ,M; � � ��m, � � �a �r �1 f�` a E° �� r�,�� i �,r � � � •"�� { '�, � , � l C�C 4. APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �� "�� a ��° � By�� „��, � � �: � • .... ..�. �____� � _ ��.�� ..... � �..�. BEFORE ME, the undersigned authority, on this day personally appeared Todd Hileman, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Denton, a Texae home-rule municipal corporation, as the City Mana,ger thereof, for the purposes and consideration therein expressed, in the capacity therein stated and he is authorized to do so. ��T �J�� L:C�� ,� �'�:��,C.� 4�� `�'�x� �� ..�..��.. . �� ' rv�. r " m. ,��q� � � � � � � � � m..�._. �' �� w��'�,�� ,� � mm � �� .� �� "� � . , �� _,.� ,� . �� uu�e m�i000 � � mu� �+n�TM�' � it1 F 1 ��: ' i� , �� ,�,�.,� .a� ,..� . .......�......,,..e.. o� � � ,� ��„�� Public, State of Texas � � � <<. M , �� ;,; , �� ,i '�� Ppa'd4u��° . ,�.w � mw�u�wuiworNWoowou �io�^uu!��''^''�'!��m�"�"�' � �m u�umu�uuuoun ioWuu�umi��i�uim��ooi�' � !" ' � , �� : �` : � . . . , • . � �, � : i �' �� •� • � �;. r` � ; rr. .� ;; , ., , • • . � •. = r. r, �.• ; . � r-� r . � .�� „ . . i- ; �;�� • � . , w � • , • •� �� • .,� . : . ; ` � � �" + � • „� � : � ',�� - i .H�� I�� 1��, � _ � � � � . � � • , ; �� .i.'. � I I ' , ' . ' ' r: � e � � � � * � � � � � i ��:� i � � 1 � � ��.. � 1 � � �i n y �� . My�i'li � ' �,�� " • v , i,a��r, ,t;,��;u, fiu w � , °,°„ ,,, ,,;�^ �, „+, ,�,«„ ro ; u, ,, . ,, EXHIBIT A Rlght-of-Way Use Agreement 900 Square Feet or 0.021 Acre COLLEGE ADDITION E. PUCHALSKI SURVEY, ABSTRACT NO. 996 City of Denton, Denton County, Texas BEING a tract of land sltuated in the E. Puchalski Survey, Abstract No. 996, Clty of Denton, Denton County, Texas, same being a portlon of West Mulberry 5treet (60' rlght-of-way) as shown on College Additlon, an addition to the City of Denton, Denton County, Texas as shown on plat recorded in Volume 44, Page 600, Plat Records, Denton County, Texas (P.R.D.C,T.) and being more particularly described by metes and bounds as follows: (Basis of bearing being U.S. State Plane Grld - Texas North Central Zone (4202) NAD83 as established using the AflTerra RTKNet Cooperative Network, Reference frame Is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surFace values). COMMENCING at a found 1/2-Inch capped iron rod marked "Pacheco Koch" for the apparent northeast corner of Block 28 of said College Additlon and being the southwest corner of the Intersection of Avenue B(a 80' right-of-way) and Hickory Street (a 60' rlght-of-way), from whlch a found 5/8-inch capped iron rod marked "TNP" for the apparent northwest corner of said Block 28, bears South 89°30'48" West, a distance of 600.00 feet; THENCE South 00°29'12" East, wlth common line between said Block 28 and the west rlght-of-way Ifne of sald Avenue B, a dlstance of 300.00 feet to the apparent southeast corner of said Block 28 and befng the northwest Intersection of sald Avenue B and the aforementloned West Mulberry Street; THENCE South 89°30'48" West, a with the common Iine between said Block 28 and the north rlght-of-way Iine of the said West Mulberry Street, distance of 215,48 feet to the POINT OF BEGINNING; THENCE South 00°29'12" East, departing the sald common Ilne and over and across the said West Mulberry Street, a distance of 60.00 feet to the common Ilne between the south rlght-of-way Ilne of the sald West Mulberry Street and the apparent north Ilne of Block 29 of the aforementloned College Addition; THENCE South 89°30'48" West, with the sald common line, a distance of 15.00 feet; THEPICE North 00°29'12" East, departing the sald common Iine and over and across the aforesald West Mulberry Street, a distance of 60.00 feet to the common Ilne between the sald north right-of-way Ifne and the apparent south line of the aforesald Block 28; THENCE North 89°30'48" East, wlth the sald common Ilne, a distance of 15,00 feet to the PONVT OF BEGINNING and CONTAINING 900 Square Feet and/or 0.021 Acre more or less. � � � ,... �, ., . .._ .e ... ...� �w�uwwo�° . „�.. ,..... �.. � M� „ Margotta �(�,� � of Texas Reglstered Professional Land Surveyor RPLS No. 5956 Date: May 9, 2019 � � BAIRD, HAMPTON & BROWN . _ engineering and surveying 1 WIINam D. Tate Ave, Ste 500 Oropevine, TX 78061 mall�bhbinc.am • 817.257.8660 • bhbinacom TBPE Flrm #44 • TBPL3 FIRM #70011302 Drawinq: Et\Surveyl7\151 UNT Tenell Hall Gos Llne\000\Dwg\CASLINE—EASEMENT.dwg � � � N°• �° ro �� * ��,�� °��,�� p�;„��, a�} �� wanawausra�'��ui�'�dr��a�� w��,..�� . ��'��.�U�� au m��a� �� mm�� rp ✓w mo w� �� wro+m +� �a +� � or �aa rr.... ��a'a� �� .y � ,�� p��'�� , SHEET 1 OF 2 �oo�oo� (CM) Found �� 5/8" Capped Iron Rod Marked "7NP" . •�� . .,, . . � . �- 1 + � � � � �, :� �; �r r � � � � � �+i rv ; ; z , „�I ,�; e '�d� ,� � �, ^�� µ� �' �� ^� � �.� �, � ��„„ �,y�""��w, �� ,;^'��, � � ��^ � .�...� ��;��° 10 �� .�� . � � • ! � C (CM) Found 1/2" Capped Iron " Rod Marked "Patheco Koch" W__ ___,.... ...m� ,.�, 9�� o� M m n ,� �.� w o �.�.�, „, � ,„�...._. � � , �+�,. � � �m::�.w � j � � Q � 12 � � � � � � �� L2 � � ��. � �M�� . .� ......� ��... �.. �.W ��5"��"4�°qh� 215.48' 0 . � W. MULBERRY STREET 0 �,W (60' ROW) T. Llne Table Line # Dlrectlon Len 6th . �� L1 - � S89 30'48"W � � �15.00 �� ..... — _ .....� .,,,,._____ � L2 N89°30'48"E 15A0 ' �...� ......�.�, �. �.,� �,� �.�„�� ..,�„�..�,� ..._ �I L "�' NOTES: 2 � 1 � Basis of bearing i�a: n� U.5. State Plane Grld - Texas�North Central Zone (4202) NA�83 as established using the AIITerra i�°@'VC'I�e� Cooperative Network. Reference frame is NAD83(2011) Epoch 2010,0000. �„��yy Olstances shown are U.S. Survey feet displayed in surface values. ��"i'��m . ,...,Controlling Monument IC�,f��1.�; T.eC)��d C��C�G�I��, 17��u�n ��ak�r�ty+ 1°�aG�aS �L11�If�"��°a Ci��'�IF`P�,A"1'I,�tiT'�� d��....,....01��6�t n�' ��r�kmw� I,��n� �. f�±�larg�s��, � �i��ds��e�r�d Pr��s�lar��l�� .�r�r�!'��urv�y�r pl�r,��ns�� dr� �I�� t�at+� �f�1"�w��r��s; do �C�C. ...�a�l�� crf �a�mrrla��'t�Wsn� 1�a�ra�y �i�c��r� �h�� N�Ix sur�w�y I� ��a� �rr� c��m�et ��dd� +�� r��r�d fra�� a� �a:��.�� ,suar�a�� made P.F�.C�.�� T.�I�c R�cu�r�s„ C��a�c�r� Cau��iy, "1"��r�s �,rasd�r rr�y s�rp�rwl�iaoro a�� P�� r��l, �vrt&�� tiris s�arsr� e�rmf�rr^cr�s k� kh�c� ��Mwer�N rul�es a�tl� R�U�w" ......�.I��P�wt-�J#-�'ua� yar�a�c�d�r�� rro� �r��:s �%4�re �r�s� c�rr��n� C��ssi�i�;�0 l.�rtid �us°wr�y4r�� l�r��i��'w�. IR , H PT . en�,,,, ineering rarn� surveying I 1MIIlam D. Tete Ave, Ste 500 Gropevine, TX 79051 mell�bhbinc.com m 817,251,866� � bhbinc.com TBPE flrm #44 • TBPL3 FIRM �10011302 �� q .. � � .. �� „_,, , .._ ��^��a. �_._�_�, lcz �� ,; Margotta �t, .�aF Texas Reglstered Professlonal Land Surveyor RPLS No. 5956 Date: May 9, 2019 Drawlnp: E:\Surveyl7\15/ UNT Tenell Holl Ga' Une\000\Dwg\GASUNE-EASEMENT,dwg � ��A��"��,� '� � � �„ � �µ �W'.�� &� � �� p��W�NN�i�tlp��JU��WNPdro�yd�� D��flll� � ��C;��"� "�"�h ��m�� , �� ° � �� am�4��v � ,�a �� "�'�"" ��.