21-2384ORDINANCE NO. 21-2384
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN EASEMENT USE
AGREEMENT BETWEEN THE CITY OF DENTON AND PATRICK J. COMISKEY AND
TIFFANY M. COMISKEY TO PLACE A NEW FENCE WITHIN AN EXISTING WATERLINE
EASEMENT GENERALLY LOCATED ALONG THE FRONTAGE OF THEIR PROPERTY
AT 6501 AND 6505 SHILOH LANE; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the property owners, Patrick J. Comiskey and Tiffany M. Comiskey
(hereafter, the "Owners"), own two parcels of land (hereafter, collectively the "Property"): 6501
Shiloh Lane, which is within the City of Denton; and 6505 Shiloh Lane, which is within the county
and is subject to a Non -Annexation Agreement ("NAA"); and
WHEREAS, on October 5, 2020, Patrick J. Comiskey and Tiffany M. Comiskey purchased
the Property from Raul Flores and Cynthia Flores through a General Warranty Deed recorded as
Instrument No. 2020-158131 of the Denton County Real Property Records; and
WHEREAS, the City of Denton holds a water line easement over the Property as described
in the Water Line Easement document granted by Raul Flores and Cynthia Flores on December
19, 2003 and recorded on March 11, 2004 as Instrument No. 2004-31008 in the Denton County
Real Property Records (hereafter, the "Easement"); and
WHEREAS, the Owners desire to construct and maintain a fence on the Property; and
WHEREAS, sections of the fence are proposed to be within and across the Easement; and
WHEREAS, to provide a license for the Owners to locate sections of the fence within and
across the Easement and ensure that the City of Denton will not be liable for any damage to the
proposed fence and Property when work or maintenance is done to the waterline, the City of
Denton and the Owners desire to execute an Easement Use Agreement; and
WHEREAS, the City Council of the City of Denton, in considering the Easement Use
Agreement, have determined that the Easement Use Agreement is in the best interest of the health,
safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the
City of Denton is of the opinion and finds that said Easement Use Agreement is in the public
interest and should be executed as set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The City Council of the City of Denton consents and agrees to the Easement
Use Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by
reference.
Page 1
SECTION 3. The Interim City Manager, or her designee, is authorized to counter -sign the
Easement Use Agreement and have same recorded in the Real Property Records of Denton County,
Texas.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
The motion to aprove this ordinance was made by Pik', 500 MM ul ( Y and
seconded by n SSe A.V : S , the ordinance was passeJ and approved by
the following vote [_�J_ - I:Zj:
Deb Armintor, At Large Place 5: .l
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 2,
ATTEST:
ROSA RIOS, CITY SECRETARY
Page 2
day of 1\10%4e_M)q2< , 2021.
GERARD SPETH, MAYOR
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
!"Z
Vicki Byrd, District 1:
✓
Brian Beck, District 2:
.%
Jessie Davis, District 3:
✓
AIison Maguire, District 4:
Deb Armintor, At Large Place 5: .l
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 2,
ATTEST:
ROSA RIOS, CITY SECRETARY
Page 2
day of 1\10%4e_M)q2< , 2021.
GERARD SPETH, MAYOR
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Al Hilary Negron
2021.10.29
BY: it 08:52:26 -05'00'
Page 3
Exhibit A
Easement Use Agreement
Page 4
Denton County
Juh Luke
County Clerk
Instrument Number: 204832
ERecordings-RP
MISCELLANEOUS
Recorded On: November 08, 2021 09:25 AM
Number of Pages: 13
" Examined and Charged as Follows: "
Total Recording: $74.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Safe, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 204832 Simplifile
Receipt Number: 20211108000129
Recorded Date/Time: November 08, 2021 09:25 AM
User: Kraig T
Station: Station 25
•
Ga'UN
tom'
STATE OF TEXAS
COUNTY OF DENTON
I hereby certify that this Instrument was FLED In the File Number sequence on the date/time
1�
¢
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
1846
County Clerk
Denton County, TX
ORDINANCE NO. 21-2384
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN EASEMENT USE
AGREEMENT BETWEEN THE CITY OF DENTON AND PATRICK J. COMISKEY AND
TIFFANY M. COMISKEY TO PLACE A NEW FENCE WITHIN AN EXISTING WATERLINE
EASEMENT GENERALLY LOCATED ALONG THE FRONTAGE OF THEIR PROPERTY
AT 6501 AND 6505 SHILOH LANE; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the property owners, Patrick J. Comiskey and Tiffany M. Comiskey
(hereafter, the "Owners"), own two parcels of land (hereafter, collectively the "Property"): 6501
Shiloh Lane, which is within the City of Denton; and 6505 Shiloh Lane, which is within the county
and is subject to a Non -Annexation Agreement ("NAA"); and
WHEREAS, on October 5, 2020, Patrick J. Comiskey and Tiffany M. Comiskey purchased
the Property from Raul Flores and Cynthia Flores through a General Warranty Deed recorded as
Instrument No. 2020-158131 of the Denton County Real Property Records; and
WHEREAS, the City of Denton holds a water line easement over the Property as described
in the Water Line Easement document granted by Raul Flores and Cynthia Flores on December
19, 2003 and recorded on March 11, 2004 as Instrument No. 2 004-3 100 8 in the Denton County
Real Property Records (hereafter, the "Easement"); and
WHEREAS, the Owners desire to construct and maintain a fence on the Property; and
WHEREAS, sections of the fence are proposed to be within and across the Easement; and
WHEREAS, to provide a license for the Owners to locate sections of the fence within and
across the Easement and ensure that the City of Denton will not be liable for any damage to the
proposed fence and Property when work or maintenance is done to the waterline, the City of
Denton and the Owners desire to execute an Easement Use Agreement; and
WHEREAS, the City Council of the City of Denton, in considering the Easement Use
Agreement, have determined that the Easement Use Agreement is in the best interest of the health,
safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the
City of Denton is of the opinion and finds that said Easement Use Agreement is in the public
interest and should be executed as set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The City Council of the City of Denton consents and agrees to the Easement
Use Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by
reference.
Page 1
SECTION 3. The Interim City Manager, or her designee, is authorized to counter -sign the
Easement Use Agreement and have same recorded in the Real Property Records of Denton County,
Texas.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
The motion to approve this ordinance was made by_tpo MCLq Li; ( Q and
seconded by n 5,�;e A-V ; $ , the ordinance was passe4 and approved by
the following vote L -L - �:
Deb Armintor, At Large Place 5: ./
Paul Meltzer, At Large Place b:
PASSED AND APPROVED this the V) a
ATTEST:
ROSA RIOS, CITY SECRETARY
Page 2
day of l\j®q e mloeC , 2021.
GERARD H SPETH, MAYOR
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District l:
✓
Brian Beck, District 2:
Jessie Davis, District 3:
.�
Alison Maguire, District 4:
✓
Deb Armintor, At Large Place 5: ./
Paul Meltzer, At Large Place b:
PASSED AND APPROVED this the V) a
ATTEST:
ROSA RIOS, CITY SECRETARY
Page 2
day of l\j®q e mloeC , 2021.
GERARD H SPETH, MAYOR
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Hilary Negron
2021.10.29
BY: 08:52:26 -05'00'
Page 3
Exhibit A
Easement Use Agreement
Page 4
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THE STATE OF TEXAS §
COUNTY OF r
EASEMENT USE AGREEMENT
THIS Easement Use Agreement (hereafter, the "Agreement") is made and entered into as of
the qday of , 2021, by and between THE CITY OF DENTON, TEXAS (hereafter
"Denton" or the "City") and PATRICK J. CONIISKEY AND TIFFANY M. COMISKEY (hereafter,
the "Owners").
WHEREAS, Owners are the owners of that certain 3.989 acre tract of land described in the
General Warranty Deed from Raul Flores and Cynthia Flores to Patrick J. Comiskey and Tiffany M.
Comiskey recorded on October 5, 2020 as Instrument No. 2020-158131 of the Denton County Real
Property Records (hereafter, the "Property'); and
WHEREAS, the City holds a water line easement over the Property as described in that certain
Water Line Easement document granted by Raul Flores and Cynthia Flores on December 19, 2003 and
recorded on March 11, 2004 as Instrument No. 2004-31008 in the Denton County Real Property
Records (hereafter, the "Easement"); and
WHEREAS, the Owners desire to construct and maintain a fence on the Property (hereafter,
the "Fence" or "Fencing"); and
WHEREAS, sections of the Fence are proposed to be established within and across the
Easement; and
WHEREAS, Denton represents and warrants that this Agreement has been approved by
ordinance duly adopted by the City of Denton City Council in accordance with all applicable public
meeting and public notice requirements and that the individual executing this Agreement on behalf of
the Denton has been authorized to do so; and Owners represent and warrant that this Agreement has
been approved by appropriate action of the Owners and that the individuals executing this Agreement
on behalf of the Owners have been authorized to do so;
NOW THEREFORE, in consideration of the premises and the mutual covenants and
obligations herein, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and Owners agree as follows_
1. Denton consents and agrees to permit Owners a revocable license to use a portion of
the Easement being more particularly described in Exhibit A attached to this
Agreement and incorporated for all purposes, for the installation and maintenance of
the Fence.
2. It is understood and agreed that Denton's interests in the Easement are superior to any
improvements that might occur within the Easement, such as the Fencing.
3. The Fence, as shown on Exhibit A, may be installed in the locations proposed under
the following conditions:
a. The Fence shall be constructed in such a manner as not to interfere with or
harm the City utility facilities;
b. Owners shall be required to obtain a fence permit from the City of Denton
prior to installation and placement of said Fence;
c. Owners and/or its agents shall abide by best practices regarding Fence
installation, including without limitation, ascertaining the precise location of
existing utility facilities prior to mobilization of the contemplated Fence work
and furthermore, to manage the Fence work so as to avoid conflict with
existing water line facilities;
d. Owners, and/or its agents successors or assigns shall maintain and keep in
sightly condition all of the Fence and the Easement and City shall not be
responsible for such maintenance at any time; and
e. Once the Fence has been established, Owners shall not make any modifications
to the Fence without advance written approval by the City.
4. Denton shall not be responsible for any costs of construction, operation, and
maintenance of the Fencing. It is further agreed that Denton shall not be liable for any
damage to the Fence as a result of Denton's use pursuant to its Easement rights. If any
City property is damaged or destroyed by Owners or its agents it may be repaired or
replaced by Denton at Owners' expense and payment is due upon Owners' receipt of
an invoice from Denton.
Owners recognize that Denton will have unrestricted use of the Easement and that
Denton is authorized to open, cut-off any lock(s), or otherwise remove the Fencing in
order to have full ingress and egress to the Easement area at any time to operate,
repair, maintain and replace water line facilities in and along its above -referenced
Easement. No other permanent structure or obstruction other than the Fencing shall be
placed anywhere else within the Easement. City shall retain the right to remove or
move anything found within the Easement necessary in order to perform its rights
under the Easement.
6. The rights granted to Owners by the City under this Agreement are a revocable license
and may be terminated by the City at any time, with or without cause. The Fencing is
subordinate to Denton's facilities and rights under the Easement, including without
limitation, utilities and related facilities located now or in the future within the
Easement areas. In the event Denton repairs, expands, or adds to its facilities within
the Easement area, and in Denton's sole opinion it is necessary that the Fencing be
modified, removed or relocated, in whole or in part, to accommodate such repairs,
expansion or addition, Owners shall, at its sole cost, modify, remove or relocate the
Fence, as directed by Denton, no later than 30 days after Denton gives Owners written
notice, unless an emergency repair is necessary wherein Deaton has the right to
remove the Fence immediately at the Owners' sole cost and expense without any
liability to Denton for such action. The cost associated with the discontinuing of
Owners' use of the Easement and the removal of the Fence, as well as repairs to
property adjacent to the Easement necessitated by such discontinuation of the use of
the Easement, shall be borne by the Owners. The Owners, and their successors or
assigns, shall not seek compensation from City for loss of the value of the
improvements or the Property made hereunder when Owner is required to remove the
Fence.
7. Owners hereby irrevocably and unconditionally release and forever discharge
Denton from any and all claims, demands, suits and causes of action, of whatever
kind or nature (whether known or unknown, suspected or unsuspected, past or
present), arising from or in any way connected with the Fencing and any future
use of maintenance, repair and replacement of the Fencing or any associated or
related Fencing item. Owners expressly understand that this release includes
any future damages that may occur to the Fencing, or any unrelated property
item that obstructs the Easement, whether caused by the negligence of Denton, or
of any other party causing or contributing to the damage thereto.
S. OWNERS RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS
DENTON FROM AND AGAINST ANY AND ALL CLAIMS BY WHOMEVER
BROUGHT, LIENS, DEMANDS, ACTIONS, COSTS, LOSSES, LIABILITIES,
DAMAGES, ATTORNEY'S FEES AND EXPENSES, FOR WHICH DENTON
MIGHT HAVE ASSERTED AGAINST IT, ARISING DIRECTLY OR
INDIRECTLY FROM, AND IN CONNECTION WITH THE FENCING IN
THE EASEMENT. THIS PARAGRAPH SHALL APPLY AND BE FOR THE
BENEFIT OF DENTON, IRRESPECTIVE OF ANY ACT, OMISSION, FAULT,
NEGLIGENCE, OR STRICT LIABILITY OF DENTON.
9. As to Denton, Owners hereby waive any immunity, defense or other protection of
law that may be afforded to them. Execution of this Agreement will not constitute a
waiver by the City of the defense of governmental immunity, where applicable, or any
other defense recognized by the courts of the State of Texas.
10. This Agreement is not to be interpreted as a waiver of any rights held by the City
under the Easement.
11. The Owners, as the sole owner of the Property, hereby declare that all of the Property
shall be held, sold and conveyed subject to the covenants and provisions herein, which
are covenants touching and running with the Property and shall be binding on all
parties having any right, title or interest in the Property or any part thereof, either now
or in the future, and their successors and assigns. This Agreement shall be recorded
in the Real Property Records of Denton County, Texas, at Owner's expense.
12. This Agreement shall be interpreted, construed and enforced in accordance with the
laws of the State of Texas. Venue of any suit brought in relation hereto shall
exclusively lie in Denton County, Texas.
13. Invalidation of any of the covenants or provisions contained in this instrument by
judgment or court order shall not in any manner affect any of the other covenants or
provisions herein set forth and all such remaining provisions shall remain in full force
and effect. No subsequent change in law shall in anyway affect the validity or
enforceability of this agreement.
[Signature Pages Follow]
The parties hereto have executed this Easement Use Agreement as of the date first above
written.
1112ISI A' %
By: )
Patrick
STATE OF TEXAS
COUNTY OF DENTON
This document was acknowledged before me, the undersigned Notary Public in and for the
State of Texas by Patrick I Comiskey on this the day of 0 C , 2421.
PABLAVILANotary ID2#5My CommpiresIL-S.1 Augus3
FqW Notary Public in and for the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
This document was acknowledged before me, the undersigned Notary Public in and for the
State of Texas by Tiffany M. Comiskey on this the` day of C c- , 2021.
�a E PABLf3 AVILA
[L.S z Notary ID #128694215
!� s My Commission Expires
August 11, 2023 Notary Public "d for the State of Texas
ATTEST:
eg2-
ROSA BIOS, City Secretary
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
&,UQUA-L',
THIS AGREEMENT HAS BEEN
CITY OF zz
S
BY:
SARA HENSLEY, Interim,06y Manager
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and business terms.
�-t
IGNATURE PRINTED NAME
TITLE
V lC
DEPARTMENT
STATE OF TEXAS
COUNTY OF DENTON
This document was acknowledged before me, the undersigned Notary Public in and
for the State of Texas by Sara Hensley, Interim City Manager for the City of Denton, Texas,
in such capacity, on this the T h day of N Ve W04tC , 2021.
[L.S.] &'Z�'!' �
Notary u licin and for the State of Texas
CATHERINE MARIE WEL60RN
d�°•' % Notary Public, State of Texas
m` Comm. Expires 02-24-2025
®'leSttl1 N®tary ID 131018469
Exhibit "A"
(Fence Plan Detail to be inserted)
AMLLU�
4