20-955ORDINANCE NO. 20-955
AN ORDINANCE AUTHORIZING AN ENCROACHMENT AGREEMENT BETWEEN THE
CITY OF DENTON, AS GRANTOR, AND TT OF NORTH TEXAS, INC., A TEXAS
CORPORATION, AS GRANTEE, REGARDING THE PLACEMENT OF PRIVATE
IMPROVEMENTS THAT ENCROACH INTO (I) A SANITARY SEWER EASEMENT,
RECORDED IN VOLUME 464 PAGE 188, DEED RECORDS, DENTON COUNTY, TEXAS
AND (II) A PUBLIC UTILITY EASEMENT, RECORDED IN VOLUME 1143 PAGE 125,
DEED RECORDS, DENTON COUNTY, TEXAS AND BEING IN THE G. WALKER
SURVEY, ABSTRACT NO. 1330, CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City was previously granted (i) a Sanitary Sewer Easement, recorded in
Volume 464 Page 188, Deed Records, Denton County, Texas and (ii) a Public Utility Easement,
recorded in Volume 1143 Page 125, Deed Records, Denton County, Texas, respectively
(collectively, the "City Easements"); and
WHEREAS, TT of North Texas, Inc. ("TT") is the owner of real property situated in the
G. Walker Survey, Abstract 1330, described as Lot 1, Block A, McNatt Addition, Phase II,
recorded as County Clerk File number 2004-112565, Plat Records, Denton County, Texas,
respectively (collectively, the "Owners property"); and
WHEREAS, TT of North Texas desires to install hail canopies (the "Private
Improvements") on its property which will extend into and encroach upon the City Easements as
shown and depicted within the Agreement attached hereto and made a part hereof by reference as
Exhibit "A" (the "Encroachment Agreement"); and
WHEREAS, City staff has reviewed TT's encroachment request and determined it will
have little impact on the public infrastructure currently in place; and
WHEREAS, TT has agreed to provide insurance and assume the risk of the Private
Improvements being within the City Easements; and
WHEREAS, the City Council has considered the request and staff s recommendation of
approval and it of the opinion that. it should be granted; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals contained in the preamble of this Ordinance are incorporated as
if set out fully herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Encroachment Agreement by and between the City of Denton and TT of North Texas as attached
hereto as Exhibit "A."
SECTION 3. The City Manager is further authorized to carry out all duties and
obligations of the City pursuant to the Encroachment Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by E — e/rs6,5 , the ordinance was passed and approved by
the following vote[ - - _P ]:
Aye Nay
Chris Watts, Mayor: ✓
Gerard Hudspeth, District 1: V
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:
PASSED AND APPROVED this the 11?4
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: - c
Abstain Absent
day of '2020.
CHRIS WATTS, MAYOR
EXHIBIT
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 §
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT, effective as of the date set forth below, is by
and between the City of Denton, a Texas home -rule municipal corporation (the "City") and TT of
North Texas, Inc., a Texas Corporation ("TT of North Texas").
RECITALS
WHEREAS, the City was previously granted (i) a Sanitary Sewer Easement, recorded in
Volume 464 Page 188, Deed Records, Denton County, Texas and (ii) a Public Utility Easement,
recorded in Volume 1143 Page 125, Deed Records, Denton County, Texas, both attached hereto
as Exhibits "A" and "B," respectively (collectively, the "City Easements"); and
WHEREAS, TT of North Texas is the owner of real property situated in the G. Walker
Survey, Abstract 1330, described as Lot 1, Block A, McNatt Addition, Phase II, recorded as
County Clerk File number 2004-112565, Plat Records, Denton County, Texas, as further described
in the attached Exhibit "C," which is subject to the City Easements; and
WHEREAS, TT of North Texas desires to install hail canopies ("Private Improvements")
within the City Easements. The location of such Private Improvements is shown and depicted on
the drawing attached hereto and made a part hereof by reference as Exhibit "D" (the
"Encroachment Area"); and
WHEREAS, the City hereby grants permission for TT of North Texas to locate, maintain,
and repair the Private Improvements within the Encroachment Area, subject to the conditions
described below;
NOW THEREFORE, in consideration of mutual promises, the receipt and sufficiency is
hereby acknowledged, the parties agree as follows:
1. Construction of Improvements. TT of North Texas may construct the Private
Improvements within the Encroachment Area in such a manner as not to interfere with the City's
use of the City Easements and only in accordance with plans and specifications that are approved
in writing by the City ("Plans and Specifications") prior to the beginning of construction. The
construction methods shall meet the approval of the City Engineer and be detailed in the Plans and
Specifications. The City reserves the right to limit and/or to require specific construction methods
within the Encroachment Area. These limitations and construction methods shall be included in
the construction plans and specifications for any work performed within the Encroachment Area.
Prior to initial construction or any subsequent maintenance activities within the Encroachment
Area, TT of North Texas and/or its contractor(s) shall obtain a Building permit from the
Development Services Department for each instance.
2. Subordinate Use. The Private Improvements are subordinate to the City's use of the City
Easements, including without limitation, utilities and utility improvements located now or in the
future within the City Easements, including within the Encroachment Area. In the event the City
repairs, expands, or adds to its facilities within the Encroachment Area, and in the City's sole
opinion it is necessary that the Private Improvements be modified, removed, or relocated, in whole
or in part, to accommodate such repairs, expansion, or addition, TT of North Texas shall, at its
sole cost, modify, remove, or relocate the Private Improvements, as directed by the City, no later
than 120 days after City gives TT of North Texas written notice.
3. Indemnification. TT of North Texas 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,
maintenance, and subsequent alternation of the Private Improvements. In addition, TT of North
Texas shall require that its contractor provide and maintain throughout the installation of the
Private Improvements, general liability insurance in an amount equal to at least $500,000 per
occurrence, naming the City of Denton, its officers and employees as additional insureds. Prior to
commencing any work within the Encroachment Area, TT of North Texas shall deliver to the City
an insurance certificate evidencing such insurance, which certificate will be in a form approved by
the City and shall provide that the insurance may not be cancelled or modified until the City has
been given at least 30 days advance written notice of cancellation or modification. Such certificate
shall also provide a waiver of subrogation in favor of the City, its officers and employees.
4. TT of North Texas and its contractor shall take measures to prevent construction equipment
from damaging existing City facilities or public utilities located within the Encroachment Area
and adjacent areas.
5. It is agreed that no trash dumpsters, toxic substances, or flammable material will be allowed
on or in the Encroachment Area.
6. The City will not be responsible for any costs of construction, operation, or maintenance
of the Private Improvements. It is further agreed that the City shall not be liable for any damage
to the Private Improvements as a result of the City's use of the City Easements. If any City
property is damaged or destroyed by TT of North Texas or its agents, said City property may be
repaired or replaced by the City at TT of North Texas expense and payment is due upon TT of
North Texas's receipt of an invoice from the City.
7. Blasting is not permitted on the Encroachment Area or adjacent areas.
8. The Encroachment Area shall be left clean, free from all dirt and debris resultant from
construction or maintenance activities, or otherwise.
Page 2 of 2
9. The Encroachment Area shall be protected from washing and erosion by a method
approved by the City.
10. Construction equipment and materials shall not be stored on the Encroachment Area.
11. It is understood and agreed that, in case of default by TT of North Texas, or its contractors
or agents, in any of the terms and conditions herein stated and such default continues for a period
of ten (10) days after the City notifies TT of North Texas of such default, the City may, in its sole
discretion, terminate this Agreement. Upon such termination, all of TT of North Texas 's rights
hereunder shall cease and come to an end. This Agreement shall also terminate upon the
abandonment of the City Easements.
12. This Agreement shall be construed under the laws of the State of Texas and is fully
performable in Denton County, Texas. Nothing herein shall be construed to constitute a waiver of
any immunities of City.
13. If notice is required under this Agreement, it shall be deem received when mailed through
the U.S. Postal Service, Certified Mail, Return Receipt Requested, or upon actual delivery using
other services at the follow addresses:
If to the City: City of Denton
Attn: City Manager
215 E. McKinney St.
Denton, Texas76201
If to TT of North Texas:
TT of North Texas Inc., A Texas Corporation
505 S. Flagler Drive STE 700
West Palm Beach Florida 33401-5946
14. If, at some point in the future, the City Easements become no longer necessary to support
public utilities, an Easement Abandonment application can be made at sole cost of TT of North
Texas to request the abandonment and removal of the easement encumbrances from its property.
IN WITNESS WHEREOF, the parties have cause4 this Agreement to be executed by its
undersigned duly authorized representative on the _a*. day of , 2020
(the "Effective Date").
CITY OF DENTON, T
Todd Hileman, City Manager
Page 3 of 3
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: / f � � )
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: —'
TT OF NORTH TEXAS, INC.,
A TEW. CORP RATION
Signatut — —
�J f l
Printe
Title
Page 4 of 4
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of 32020
by Todd Hileman, City Manager of the City of Denton, Texas, on behalf of such municipality.
Notary Public, State of
Printed name:
My commission expires:
ACKNOWLEDGMENT
THE STATE OFX-LAS
COUNTY OF C)eg^-V)r\
Before me, the undersigned authority, on this day personally appeared Wb - (V\o-r p
C --)r\/-1 TT of North Texas, Inc., a
Texas Corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, in the capacity therein state and as the act and deed of said TT of
North Texas, Inc., a Texas Corporation.
Given under my hand and seal of office on this -& day of
<,sky P'� Amelia Ballard
a� My Commission Expires
07/2412021
yiF# 10 No. t3121S064
Page 5 of 5
Notary Public, State of -R?XaS
Printed name: An—' 6'c FY-k`ykt"ck
My commission expires: -,2,
DR VOL 00464 PAGE 188
Exhibit A
—VOL 464 MA88 Sanitary Sewer Easement
Vol. 464 Pg. 188
THE STATE OF TEXLS 917,
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
.
THAT WE, Walter M. Lea, and wife, Jane C. Lea of the County
of Denton, State of Texas, for and in consideration of the sum
of Ten Dollars ($10.00) cash to us in hand paid til the City of
Denton, Texas, a municipal corporation, of the County of Denton,
State of Texas, the receipt of which is hereby acknowledged,
and other good and valuable Consideration including the benefits
that will accrue to our property, do hereby GIVE, GRANT and
EXTEND to the said City of Denton, Texas, its successors and
assigns, the right to construct, reconstruct and perpetually
maintain a sanitary sewer line and appurtenances in, upon and
across a tract of land lying and being situated in the County
of Denton, State of Texas, and more particularly described
as follows:
.BEG Mil ING at a point in the West line of an 82.24
acre tract of land in the Gideon Walker Survey, Ab-
stract No.'1330 as deeded to Walter M. Lea and wife,
Jane C. Lea, by Thomas E. Noel and recorded in Vol.
416, P. 521 of the Deed Records of Denton County,
Texas, said West line also being the West line of
said Gideon Walker Survey and the East line of a
tract of land belonging to Henry C. Taliaferro in
the M.E.P. & F.R.R. Co. Survey, Abstract No, 950.
Said point being 665.5 feet, more or less, North of
the Southeast corner of said Taliaferro tract;
THENCE North 84° 581 East, a distance of 893.62 feet,
more or less, to a point in the Northeast property
line of said Walter M. Lea tract and in the Southwest
right-of-way line of -Interstate Highway No. 35E2 said
point being 1102.36,, South 4.9° 571 East from said
Walter M. Lea Northwest corner,
THENCE Northwesterly with the Southwest right-of-
way fine of said Jlighway 35E a distance of 36.72 'feet
to a point for a corner;
THENCE South 84° 581 West, a distance of 842.38 feet
to a point for a :oorner in Alter M. Lea West line;.•;•
THENCE.South with the West line'of said Walter M.
Lea tract, a distance of 26 fleet more or less.to
the place of beginning, and containing 0.52 acres
of land, more or less.
TO HAVE AND TO HOLD, all and singular, the privileges afore-
said to it, the said City of Denton, Texas, its successors and
_assigns forever, together with the right and privilege, at any
and all times to enter said premises or any part thereof, for
the purpose of constructing, reconstructing and perpetually
maintaining said sanitary sewer line together with necessary
appurtenances, and for making connections therewith; all upon_
the condition that the City of Denton, Texas, will at all times,
DR VOL 00464 PAGE 189
VOL 4�,'� PA.A8 3
after doing any work in connection with the construction, re-
construction or repair of said sanitary sewer line restore said
premises to the condition in which same were found before such
Work was undertaken, including repair of all fences that might
be disturbed or damaged in performing said work, or in lieu
of such complete restoration that the City of Denton, Texas,
will pay such damages as will fairly compensate grantor for
such incomplete restoration; and further upon the condition that
in the use of the aforesaid rights and privileges herein granted,
the City of Denton, Texas, will not create a nuisance or do any
act that will be detrimental -to said premises and that said tract
will not be used by said City of Denton, Texas, for any other
purpose, under this grant, except as herein provided; and further
upon the ooddition that any markers placed for the purpose of
locating said sanitary sewer line be placed in the fence rows
and not upon the interior portion of grantor's land.
WITNESS OUR HANDS this day of January , A.D. 1961.
Wal'Uer M. Lea, -
2r, Ccs
l/ Jane C. Lea
THE STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned authority, a Notary Public
in and for Denton County, Texas, on this day personally
'appeared Walter M. Lea and Jane C.*Lea, his wife, both
known to me to be the p6tsons whose names are subscribed
to the foregoing instrument and acknowledged to me that
they each executed the same for the purposes and considera-
tion therein expressed, and the said Jane C. Lea, wife of `
the said Walter M. Lea, having been.examined by me privily.
and apart from her husband, and liaving the same fully ex-
plained to her; she, the said Jane C. Lea acknowledged such
instrument to be her act and deed, and she declared that e
she had willingly signed the same for the purposes and
consideration therein expressed and that she did not wish,
to retract it.
GIVEN UNDER MY HAND AND -SEAL Oil OFFICE, this
-day gf. January-, A.D. 1961.
Notary Public "in and for
Denton County,' Texas
VOL U4 Pg-Ejuo
DR VOL 00464 PAGE 190
DENTON, TEXAS
SEWER EASEMENT
Henry C. X u
Tgllaferro c
(
x
IV --.t
FILED FOR RECORD:qday of
RECORDED:
of
qday of _
By; Deputy
Wolfer M. Le®
N1
i
SCole: 200
.J. Barnett,'
curt, Denton
�1clock .ti.
DIclock 2i.
I Texas
a
Exhibit B
Public Utilities Easem-
Vol. 1106 Pg.73
THE STATE OF TEXAS
COUNTY OF DEN70N
KNOW ALL NEN BY THESE PRESENTS:
j
DEED RECORDS
THAT WE . LEON McNATT MOTOR CO. MV22
, for and in consideration of the sum of one
DOLLAR (=1.00) cash to us in band paid by the City of Denton, Texas, a
municipal corporation of the County of Derkton, State of Texas, the receipt
Of which is hereby acknowledged, and other good and valuable consideration
including the benefits that Kill -accrue to our property, to hereby GIVE,
GRANT and EXTEND to the said City of Denton. Texas. its successors and
assigns, the right to construct or reconstruct utilities and perpetually
maintain an All -Purpose Utility Easement in. upon and across land described
as follows:
Said Tract being in the G. WALKER Survey, Abstract 1330
N.E.P. 6 P.R.R. CO. Survey, Abstract 950 , Denton County, Texas,
and Recorded in Volume 939 , Page 972 , in the Deed Records of
Denton County; Texas.
Said easement crossing this property, comprising two parts. as herein
wi designated and described, including (1) a permanent easement 20 feet
in"width, for construction, or reconstruction of utilities and appurt-
enances, and for perpetually amIntaining all All Purpose Utility Ease-
ment, and (2} an additional area adjacent to the permanent easement
_,�L_ feet in width. to'be used for initial construction,
PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED A5 FOLLOWS:
BEGINNING at a point in the Southeasterly line of the aforementioned tract
Of land, said point being Borth 39 degrees 39 minutes 20 seconds East
a distance of 131.96 feet from the most Southerly corner of said
tract;
THENCE south a6 degrees 38 minutes 20 seconds West a distance of 185.88 feet
to a Point in the Southwesterly line of said tract, said point being
North 50 degrees 20 minutes 40 seconds Nest a distance of 138.92 feet
from said most Southerly corner of said tract.
PART 2. CONSTRUCTION EASEMENT
In addition to thefoot permanent easement as described above. an initial
construction easement O foot in width is to be furnished. This easement
shall be adjacent and paranel to the Permanent easement and shall be 20 feet
in width an each gide of said Permanent easement. The Construction Easement
to be used for initial construction only.
'VOL__ _ 1a 73
a
YOl.11t,lt7IM 74
The City of Denton, Texas shall have the right and privilege to remova
and dispose Of, off the site. trees, brush, debris, excess excavated
material, etc. in the easements. that would interfere with access to the
construction site and- that would interfere with construction of the said
facilities.
TO HAVE AND TO HOLD, all singular, the privileges aforesaid to 1t, the
said City of' Denton. Texas. its successors and assigns forever, together
with the right and privilege. at any and all times to enter said premises
or any part thereof, for the purpose of constructing, reconstructing and
perpetually maintaining said facilities together with necessary appur-
tenances inside said perpetual easements and for making connections
therewith; all upon tho condition that the City of Denton. Texas, will
at all times, after doing any work in connection with the constriction,
reconstruction or repair of said faculties will restore said premises
as nearly as feasible to the condition in which same were found before
such work was undertaken, including repair of all fences that might be
disturbed or damaged In performing said work, and further upon the
condition that in the use of the aforesaid rights and privileges herein
granted. the City of Denton. Texas. will not create a nuisance or do arky
act that will be detrimental to said premises and that said tract will
not be used by said City of Denton. Texas, for any other purpose, under
this grant, except as herein provided.
WITNESS OUR HANDS this ( ` day of
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THS STATE OF TEXAS �
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COUNTY OF DENTON
j�
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared Leon McNatt
known to me to be the person and officer whose name is subscribed
to the foregoing, instrument and acknowledged to me that the same
was the act of the said Leon McNatt Motor Co.
a corporation, and that he executed the same as the act of such
corporation for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN [ANDER KY NAND AND SEAL OF OFFICE, This 6th day of j
f F
October A.D. 1481.
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otary Pubic n-. atid for
Denton County, q:exaa �0 '
My commission expires
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