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22-1279ORDiNANCE NO. 22-1279 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AND DELIVER TO DENTON ICC 35, LLC A TEMPORARY CONSTRUCTIONEASEMENT CONTAINING 1,125 SQUARE FEET (o.026 ACRES) LOCATED NEAR LOOP288 AND INTERSTATE HIGHWAY 35E nq THE CITY AND COUNTY OF DENTON.TEXAS FOR THE CONSTRUCTION OF A RETAiNnVG WALL AND ALL NECESSARYOR DESIRABLE APPURTENANCES FOR A TOTAL COMPENSATION AMOUNT OF SIX HUNDRED SEVENTY-NINE DOLLARS AND 54/100 ($679.54); PROVIDING FORSEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Denton ICC 35, LLC (“Denton ICC”) has requested that the City of Denton (“City”) grant Denton ICC a temporary construction easement as attached hereto as Exhibits “A“ and “B” and incorporated herein for all purposes encumbering approximately 1,125 square feet (0.026 acres) for installation and construction of a retaining wall on its property and all necessary or desirable appurtenances; and WHEREAS, Denton ICC needs to temporarily encroach on the City of Denton Northwest Elevated Storage Tank property as part of the final design of its civil engineering plans CEP2 1. 0080 and final plat FP22-0016, related to the construction of a retaining wall for drainage; and WHEREAS, the City is willing to grant to Denton ICC the Temporary Construction Easement in exchange for 1) the total compensation amount of Six Hundred Seventy-Nine Dollars And 54/100 ($679.54) and 2) Denton ICC compliance with CEP21-0080 and final platFP22-0016 ; and WHEREAS, the City Council hereby finds the easement conveyance to Denton ICC willbenefit and serve the public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The £ndings 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 Manager, or designee, is authorized to execute and deliver to Denton ICC the Temporary Construction Easement, approved as to form by the City Attorney’s Office, attached hereto as Exhibits “A“ and “B”, respectively, in exchange for the compensation expressedabove SECTION 3. If any section, article, paragraph, sentence, phrase, clause, or word in thisOrdinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in fullforce and effect. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to_approve this Ordinance was seconded by e)f ian %ok the following vote k - Id: male by andfsaTRA Zid--;ppriad byThe Ordinance was Aye V/ b/ ,/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: t/ \/ b/ PASSED AND APPROVED this the U day 2022of DSNfEmA ATrEST: ROSA RIOS, CITY SECRETARY A\\ttllllff ,Zgaa _'eZ‘ APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY BY: Br A/. Z Z Page 2 Exhibit "A' 5nFOOT WIDE TEMPORARY CONSTRUCTION EASEMENTPart of Lot 1 . Block 1. Northwest Service Area B.B.B. & C. RR CO. Survey, Abstract No. 141City of Denton, Denton County, Texas DESCRIPTION, of an 1,125 square foot (0.026 acre) tract of land situated in the B.B.B. & C. RR CO.Survey, Abstract No. 141, City of Denton, Denton County, Texas; said tract being part of Lot 1, Block1, Northwest Service Area, an addition to the City of Denton, Texas according to the plat recorded inCabinet T, Page 385 of the Official Records of Denton County, Texas; said tract also being part of that tract of land described as Tract 1 in Special Warranty Deed to the City of Denton recorded in DocumentNo. 2000-39961 of said Official Records; said 1,125 square foot (0.026 acre) tract being moreparticularly described as follows (bearing system for this survey is based on the State Plane CoordinateSystem, North American Datum of 1983 (Adjustment Realization 2011), Texas North Central Zone4202. Distances reported have been scaled by applying the Denton County TxDOT surface adjustmentfactor of 1 .000150630): BEGINNING, at a 1/2-inch iron rod with an illegible cap found at the northwest corner of said Lot 1, Block 1 ; said point being an eU corner in the south line of that tract of land described in Special WarrantyDeed to Denton ICC 35, LLC recorded in Document No. 2021-161323 of said Official Records; THENCE, South 89 degrees, 01 minutes, 38 seconds East, along the north line of said Lot 1, Block 1and said south line of the Denton ICC 35, LLC tract, a distance of 225.00 feet to a point for corner; said point being the northeast corner of said Lot 1 , Block 1 and an eU corner in said south line of the DentonICC 35, LLC tract; THENCE, South 00 degrees, 58 minutes, 22 seconds West, along the east line of said Lot 1, Block 1and said south line of the Denton ICC 35, LLC tract, a distance of 5.00 feet to a point for corner; THENCE, North 89 degrees, 01 minutes, 38 seconds West, departing said east line of said Lot 1, Block1 and said south line of the Denton ICC 35, LLC tract, and into and across said Lot 1 , Block 1 , a distanceof 225.00 feet to a point for corner in the west line of said Lot 1, Block 1 and said south line of the Denton ICC 35, LLC tract; from said point a 1/2-inch iron rod with “SJ&F'’ cap found for the southwestcorner of said Lot 1, Block 1 bears South 00 degrees, 58 minutes, 22 seconds West, a distance of303.93 feet; THENCE, North 00 degrees, 58 minutes, 22 seconds East, along the said west line of Lot 1, Block 1and said south line of the Denton ICC 35, LLC tract, a distance of 5.00 feet to the POINT OFBEGINNING; CONTAINING: 1,125 square feet or 0.026 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoingthe metes and bounds of the easement tract described.description accurately sets 05-10-2022 Date al Land Surveyor No. 5369 Pacheco Koch Consulting Engineers, Inc7557 Rambler Road, Suite 1400, Dallas TX 75231 (972) 235-3031 TX Reg. Surveying Firrn LS-10008000 490$21.085EX3.doc4903.21.085EX3.dwg drng PAGE 1 OF 2 Exhibit "A"8DENTON ICC 35, LLC (DOC. NO. 2021–161323)0 25 50 100 POINT OF GRAPHIIn2ALE IN FEET PI/2-INCH IRaq RCaW/ILLEGIBLE CAP FOUND(C.M.)S 89'O1’38” EbN 89'ol’FRIfi N OO'58’22” 5.01 225.OO'm2d S OO'58'22” W 5.OO' 5-FOOT WDdTEMPORARYCONSTRUCTIONEASEMENT1.125 SF(0.026 ACRES) / / BlgIn LOT 1, BLOCK 1NORTHWEST SERVICE AREA (CAB. T, PG. 385)59.93'CITY OF DENTONTRACT 1 (INST. NO. 2000-39961) gC)PSaU)8 INIB3gOi >y ,7 g5) Iq 3f:I 9g g g i e::$TldikH%"- 05-10-2022 PROPERTY UNENEW EASEMENT UNE NOTES: POINT FOR CORNER(UNLESS OTHERWSE NOTED) CONTROLLING MONUMENT 1. A metes and bounds descriptIon of evensurvey date herewlth accompanies this plotof suIvey. 2. Bearing basis for this survey and the basIsfor the ooordinates shown, are based on theState Plane Coordinate System, Texas NorthCentral Zone (4202), North American Datumof 1983 (2011). Distances reported have beenscaled by applying the TxDOT Denton Countysurface adjustment factor of 1.000150630. The undersigned, Registered Professional LaISurvew>r, hereby certifies that this plat ofsurvey accurately sets out the metes andbounds of the oasemen&#ract descrIbed.g FIo-2022 Date 5-FO161X7{bETEMPORARYCONSTRUCTIONEASEMENTPARr OFmr I. BLOCK 1, NOKrHWEsr SERVICE AREAB.B. & C. RR CO. SURVEY. ABSIRACT NO. 141crrY OF DEMON, DaiTON couNrY. TD(ASPAGE 2 OF 2 I eDCH+'alalgS. th <8a MaRTa egl9tered Prof&ZEal'Land Surveyor No. 5369aa r F©FsZfrHli@@Koeh gi+;TX 75211 972b235+3031 TX REG.ENG FIRM F-469 TX REG. SURVEYING HRH LS-10008000 IBamD nwDMG I JEC 1 1”=50’ 18 rn III MAY 2022 a4903–21 .085 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAI I PERSON)YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWINGINFORMATION FROM ANY INSTRUMENT TIIAT 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. TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS 6 § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT the City of Denton (“Grantor”), a Texas home-rule municipal corporation, in consideration of the sum of Ten and No/100 Dollars ($10.co) and other good and valuable consideration in hand paid by the Denton ICC 35, LLC (“Grantee”), a Delaware limited liability company, receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and does by these presents grant, bargain, sell, and convey unto Grantee a non- exclusive temporary construction easement for constructing a retaining wall and all necessary or desirable appurtenances (the “Construction Activities”), in, along, upon, under, and across the following described property owned by Grantor, and situated in Denton County, Texas, located in the B.B.B. & C. RR Co. Survey, Abstract Number 141 (the “Property”). PROPERTY AREA DESCRIBED AND DEPICTED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF It is agreed that Grantee, in consideration of the benefits above set out, will remove from the Property such obstructions as may now be found upon said Property as reasonably necessary in connection with, and solely for the purpose of, the Construction Activities and access in, along, upon, under, and across said Property. Grantee shall not make changes in grade, elevation, or contour of the land or surface of the land within the Property, the project area, or other adjacent areas without the prior written consent of the City. Grantee, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress, and regress in, along, upon, under, and across said Property for the purpose of the Construction Activities or any part thereof Grantee hereby agrees to obtain all required permits and governmental approvals for its Construction Activities so as to meet all regulatory requirements and shall complete all construction in a workmanlike manner. Grantee shall not construct any permanent improvements on the Property hereunder that would continue to exist on the Property after the termination of this temporary construction easement. Upon completion of construction, Grantee shall promptly restore the surface of the Property, the project area, and any other area disturbed by its Construction Activities, including but not limited to the public roadway and adjoining pedestrian walkways, as applicable, to a condition that is substantially the same as or better than it existed prior to such construction, and shall leave the Property, the project area, and adjacent areas free of all trash, litter, refuse, and debris generated or resulting in connection with the Construction Activities. TO HAVE AND TO HOLD said temporary construction easement unto the said Grantee until the earlier of (i) the completion of the Construction Activities, or (ii) 365 days after the Effective Date hereof (as hereafter defined), at which time this temporary construction easement will terminate and be of no further force and effect. Witness my hand, this the JOb day of “Effective Date”).SatUrn hr , 2022 (the GRANTOR: CITY OF DENTON ATTEST: ROSA RIOS, CITY SECRETARY b\\11111110 /Zoo ,&Acl , THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY BY:n /el ZZ, Signature Title Department Date Signed: THE STATE OF TEXAS § § §COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally appeared Sara Hensley, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act and deed of the City of Denton, aTexas home-rule municipal corporation, as the City Manager thereof, for the purposes and consideration therein expressed, in the capacity therein stated and she is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFCE this 202 1 day of Notary Public, State of Texas DENTON ICC 35, LLC, a Delaware limited liability company By: DENTON COMMERCE CENTER MANAGER, LLC,a Delaware limited liability company, its managing member By Name:Title: By: DENTON ICC 35 MEMBER, LLC, a Delaware limited liability company, its member By: PEPF DENTON ICC 35 REIT, LLC, a Delaware limitedliability company, its sole member By: PRINCIPAL ENHANCED PROPERTY FUND, L.P.,a Delaware limited partnership, its manager By: PRINCIPAL ENHANCED PROPERTY FUND GP,LLC, a Delaware limited liability company, its general partner By: PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware limited liability company, its sole member By Name:Title: By Name:Title: STATE OF IOWA § § gCOUNTY OF POLK On this day of , 2022, before me, the undersigned, a Notary Public in and for the said State, personally appeared and , to me personally known to be the identical persons whose names are subscribed to the foregoing instrument, who being by me duly sworn, did say that they are th and , respectively, ofPRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware limited liability company, solemember of PRINCIPAL ENHANCED PROPERTY FUND GP, LLC, a Delaware limited liability company, general partner of PRINCIPAL ENHANCED PROPERTY FUND, L.P., a Delaware limited partnership, manager ofPEPF DENTON ICC 35 REIT, LLC, a Delaware limited liability company, sole member of DENTON ICC 35 MEMBER, LLC, a Delaware limited liability company, member of DENTON ICC 35, LLC, a Delaware limited liabilitycompany; and that the instrument was signed on behalf of the company by PRINCIPAL REAL ESTATE INVESTORS, LLC; and that the aforesaid individuals each acknowledged theexecution of the foregoing instrument to be the voluntary act and deed of PRINCIPAL REAL ESTATE INVESTORS, LLC, by it and by them voluntarily executed. Notary Public in and for said State My Commission Expires: [Aflfix Notarial Stamp or Seal] STATE OF TEXAS i § §COUNTY OF DALLAS Acknowledged before me this day of , 2022, by Bradley D. Copeland, the Manager of Denton Commerce Center, LLC, a Delaware limited liability company. Witness my hand and omcial seal. My Commission Expires: Notary Public Exhibit "A' 5-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT Part of Lot 1, Block 1, Northwest Service AreaB.B.B. & C. RR CO. Survey, Abstract No. 141City of Denton, Denton County, Texas DESCRIPTION, of an 1,125 square foot (0.026 acre) tract of land situated in the B.B.B. & C. RR CO.Survey, Abstract No. 141, City of Denton, Denton County, Texas; said tract being part of Lot 1, Block1, Northwest Service Area, an addition to the City of Denton, Texas according to the plat recorded inCabinet T, Page 385 of the Official Records of Denton County, Texas; said tract also being part of that tract of land described as Tract 1 in Special Warranty Deed to the City of Denton recorded in DocumentNo. 2000.39961 of said Official Records; said 1,125 square foot (0.026 acre) tract being more particularly described as follows (bearing system for this survey is based on the State Plane CoordinateSystem, North American Datum of 1983 (Adjustment Realization 2011), Texas North Central Zone4202. Distances reported have been scaled by applying the Denton County TxDOT surface adjustmentfactor of 1 .000150630): BEGINNING, at a 1/2-inch iron rod with an illegible cap found at the northwest corner of said Lot 1,Block 1 ; said point being an eII corner in the south line of that tract of land described in Special WarrantyDeed to Denton ICC 35, LLC recorded in Document No. 2021-161323 of said Official Records; THENCE, South 89 degrees, 01 minutes, 38 seconds East, along the north line of said Lot 1, Block 1and said south line of the Denton ICC 35, LLC tract, a distance of 225.00 feet to a point for corner; said point being the northeast corner of said Lot 1 , Block 1 and an eII corner in said south Une of the DentonICC 35, LLC tract; THENCE, South 00 degrees, 58 minutes, 22 seconds West, along the east line of said Lot 1, Block 1and said south line of the Denton ICC 35, LLC tract, a distance of 5.00 feet to a point for corner; THENCE, North 89 degrees, 01 minutes, 38 seconds West, departing said east line of said Lot 1, Block1 and said south line of the Denton ICC 35, LLC tract, and into and across said Lot 1 , Block 1, a distance of 225.00 feet to a point for corner in the west line of said Lot 1, Block 1 and said south line of theDenton ICC 35, LLC tract; from said point a 1/2-inch iron rod with “SJ&F” cap found for the southwestcorner of said Lot 1, Block 1 bears South 00 degrees, 58 minutes, 22 seconds West, a distance of 303.93 feet; THENCE, North 00 degrees, 58 minutes, 22 seconds East, along the said west line of Lot 1, Block 1and said south line of the Denton ICC 35, LLC tract, a distance of 5.00 feet to the POINT OF BEGINNING; CONTAINING: 1,125 square feet or 0.026 acres of land , more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoingthe metes and bounds of the easement tract described.description accurately sets :a g 05-10-2022aDate al Land Surveyor No. 5369 Pacheco Koch Consulting Engineers, Inc7557 Rambler Road, Suite 1400, Dallas TX 75231(972) 235-3031 IJ6#;t}lii'::16 aHI TX Reg. Surveying Firm LS-10008000 4903-21 .085EX3.doc49C>3-21.085EX3.dwg dmg PAGE 1 OF 2 Exhibit -l\-8DENTON ICC 35. LLC (DOC. NO, 2021-161323)0 25 50 100 POINT OF GRAPHIC SCALE IN FEET B/2-INCH IRON RODW/ILLEGIBLE CAP FOUND(C.M.)S 89'Of ’38”nAN OO'58’1 225.00’m5J S OO'58’22” W5.00’TR 5-FOOT HDdTEMPORARY CONSTRUCTIONEASEMENT1.125 SF(0.026 ACRES) / / gIli Ico LOT 1, BLOCK 1NORTHWEST SERMCE AREA (CAB. T, PG. 385)59.93'==CITY OF DENTONTRACT 1 (INST. NO. 2000–39961) g Ifi i } R ac11 FIAg SP 9:i g i 8i g g PP Tld+){-w'" LEGEND 05-10-2022 PROPERTY UNE NEW EASEMENT LINE NQTE S; POINT FOR CORNER(UNLESS OTHERWSE NOTED) CONTROLLING MONUMENT I. A metes and bounds description of evensurvey date herewith accompanies this plotof survey. 2. Bearing basis for this survey and the basisfor the coordinates shown. are based on the State Plane CoordInate System, Texas NorthCentral Zone (4202), North American Datumof 1983 (2011). Distances reported have beenscaled by applying the TxDOT Denton Countysurface ad)rstment factor of 1.000150630. The under8igrled, Registered Professional LandSurve)or, hereby certifies that thIssurvey accurately sets out thebounds of the ea9emenL#ract descrIbed. plat ofmetes andgFIo-2022 Date 5 - jeTEMPORARYCONSTRUCTIONEASEMENTPARr OFLOT 1. BLOCK 1, NORrbwEsr SERVICE AREAB.B. & C. RR CO. suRVPr. ABSrRAar NO. 141crrY OF DEMON. DarreN couNrY. TE(ASPAGE 2 OF 2 :Ea gii+alk iS IiiFl Fri-Z:Fo–ol !egistered Prof aanalLand Surve)©r No. 5369aa 1400Koeh git:m:£P% glUt::TX REG.aqGINEERING HRH F-469 TX REG suRwnNG FIRM Ls-lom80mjBamEB•uni–umDMG I JEC 1 1”=50’ DATEMAY 2022 JOM6VBI4903-21.085