2008-021
ORDINANCE NO. 2008- Qa I
AN ORDINANCE APPROVING AN EASEMENT PURCHASE AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND CHAIN 7 RANCH, L.P. FOR
SANITARY SEWER AND LIFT STATION PURPOSES IN THE LEVI MYERS SURVEY,
ABSTRACT NO. 853, THE ELI MYERS SURVEY, ABSTRACT NO. 871 AND THE V.E.
GAILON SURVEY, ABSTRACT NO. 452, ALL IN DENTON COUNTY, TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 14, 2008 the Public Utilities Board of Denton considered this
transaction and recommended approval by a vote of 6-0.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to purchase the
easement tracts in substantially the form as set forth in the Easement Purchase Agreement
attached hereto and made a part of this ordinance for all purposes.
SECTION 2. The City Manager is authorized to make the expenditures as set forth in
the attached Easement Purchase Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval. /
PASSED AND APPROVED this the r~ day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By.
APP OVED TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: / I CP
EASEMENT PURCHASE AGREEMENT
AGREEMENT dated n 9 , 2008 between Chain 7 Ranch, L.P.
("OWNER") and the City of Denton, Texas ("CITY").
WITNESSETH:
WHEREAS, Chain 7 Ranch, L.P. is the owner of three tracts of land, being a called 230
acre tract in the V.E. Gailor Survey, Abstract Number 452, and being a called 184 acre tract in
the Eli Myers Survey, Abstract Number 871, and being a called 140 acre tract in the Levi Myers
Survey. Abstract 853, all evidenced by warranty deed recorded under Clerk's File Number 97-
R0025593 in the Real Property Records of Denton County, Texas, said tracts being affected by
the public improvement project called Clear Creek Interceptor Project (`PROJECT.. and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and
conditions associated with the purchase of the necessary easements for the PROJECT;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
I. At Closing, the OWNER shall grant, execute and deliver to the CITY easements
traversing Owner's property, more particularly described as follows: an
approximate 40 foot wide 2.496 acre Sanitary Sewer and Reuse Easement (SSE
1), an approximate 40 foot wide 4.313 acre Sanitary Sewer and Reuse Easement
(SSE 3), an approximate 20 foot wide .0497 acre Sanitary Sewer Easement (SSE
2), an approximate 30 foot wide 2.322 acre Public Utility and Access Easement
(PUAE 1), an approximate 60 foot by 60 foot 0.0826 acre Public Utility and Lift
Station Easement (PULSE 1), an approximate 32 foot wide 2.047 acre Temporary
Construction Easement (TCE 1), an approximate 48 foot wide 3.122 acre
Temporary Construction Easement (TCE 2), an approximate 20 foot wide 1.1080
acre Temporary Construction Easement (TCE 3), and an approximate 40 foot
wide 1.188 acre Temporary Construction and Grading Easement (TCGE 1). All
of the easement tracts herein are collectively referenced hereinafter as the
"EASEMENTS", which approximate easement locations are depicted on the map
attached hereto and made a part hereof by reference as "ATTACHMENT I The
plat illustration attached as ATTACHMENT 1 shall serve as a basis for the
ultimate representation of the boundary survey easement attachments, yet to be
prepared, however, the exact location and acreage amounts may change slightly
due to actual on-the-ground boundary survey computations. Upon the effective
execution of this Agreement, the City shall engage their Land Surveyor to
complete the legal descriptions necessary for execution, funding, closing and
recordation of the subject easements referenced herein;
2. At Closing, the OWNER shall grant, execute and deliver to the CITY the
EASEMENTS in the style of a conveyance instrument being in form and
Page I
substance identical to those attached hereto as ATTACHMENT 2, except that the
actual metes and bounds legal descriptions and plat illustrations shall be
substituted therein, as contemplated in Paragraph l;
3. At Closing, the CITY shall pay OWNER $161,165.00 as payment for "Easements"
as Total Compensation. If the surveyed acreage amount of one or more of the
contemplated easement tracts herein exceeds the approximate acreage amounts
stipulated herein, then the Total Compensation payment shall be adjusted upward
using an incremental basis of $15.30 for each additional 0.001 acre increase for
each applicable permanent easement tract and an incremental basis of $1.80 for
each 0.001 acre increase for each applicable temporary easement tract. In the
event the surveyed acreage amount of one or more of the contemplated easement
tracts herein is less than the approximate acreage amounts stipulated herein, then
the Total Coingensation payment shall be adjusted downward using a deductive
basis of $15.3 for each 0.001 acre decrease for each applicable permanent
easement tract and a deductive basis $1.80 for each 0.001 acre decrease for each
applicable temporary easement tract. In every instance of upward or downward
adjustment, permanent and/or temporary easement tract(s), common rounding
rules apply. Individual easement tract acreages shall be rounded to the nearest
thousandth, increasing the thousandth column number by one (1) should the next
digit be five (5) or greater or leave it the same if the next digit is four (4) or less.
The Total Compensation payment represents full and adequate consideration for
all of the easement tracts contemplated herein and any improvements therein,
including without limitation, any damages to the remainder of OWNER'S
property. After the creation of the metes and bounds legal descriptions and plat
illustrations for the Easements and prior to the settlement statement preparation
by the title company, the CITY shall prepare a pricing schedule for the Easements
based on the survey documents prepared by the land surveyor for the review and
endorsement by the OWNER. The approved pricing schedule shall be forwarded
to the title company for the purpose of documenting the adjusted Total
Compensation based on Land Surveyor findings for the benefit of the parties;
4. The Closing shall be occur in and through the office of First American Title
Insurance Company (Title Company), Jodi Zambrano, Branch Manager-Escrow
Officer, P.O. Box 1303, Pilot Point, TX 76258, phone number: 940-686-4445,
facsimile number: 940-686-8231, with said Title Company acting as escrow
agent, on the date which is 45 days after the Effective Date, but is no event later
than February 29, 2008, unless the OWNER and the CITY mutually agree, in
writing, to an earlier or later date ("Closing Date"). The OWNER shall convey
the Easements free and clear of all debts and liens. The OWNER shall assist and
support satisfaction of all closing requirements in relation to solicitation of release
or subordination of liens and encumbrances affecting the Easements, if necessary;
5. The stipulated Total Compensation amount shall be paid by the CITY at closing
to the OWNER through the Title Company. All other typical closing costs
Page 2
associated with this transaction shall be paid specifically by the CITY, except for
OWNER's attorney's fees;
6. The date on which this AGREEMENT is executed by the last to sign of the
parties shall be the "Effective Date" of this AGREEMENT;
7. CITY shall be liable for any claims, causes of action, liabilities and damages
caused by it and/or its contractor's actions and shall indemnify and hold Grantor
harmless of same to the extent allowed by law.
8. This AGREEMENT constitutes the sole and only agreement of the parties and
supercedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter.
CITY OF DENTON
By: 6
George C. Campbell,
City Manager
Date: J D
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: OctLk-~,
APPROVED AS-TO LEGAL ORM:
EDWIN M. SN~ ATTORNEY
BY:
OWNER: CHAIN 7 RANCH, L.P.
By: IV .
Kay . Goodman, G.P.
Date:
Page 3
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
First American Title Insurance Company, Pilot Point, Texas, hereby acknowledges receipt of the
fully executed Agreement on this, theme day of 2008.
By: JUSx~Q
Printed~+Name: c] , ~Jt~f c~h
Title: _4-r L1
TelephoneNumber:9Ab- 16%0• LW~AS
Page 4
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Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT ? - Easement 1 of 3
SANITARY SEWER AND LIFT STATION EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT 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 §
THAT Chain 7 Ranch, L.P., (Grantor), whose address is 1042 Bobcat
Road, Sanger, Texas 76266-7590, in consideration of the payment of
the sum of Ten Dollars and No Cents ($10.00) in hand paid by the City
of Denton, Texas (City), receipt of which is hereby acknowledged,
grants, and conveys to the City a sanitary sewer and reuse water
easement across the real property owned by Grantor, as described and
illustrated in EXHIBIT "A", attached herewith and incorporated into
this document by reference; and lift station easement across the real
property owned by Grantor, as described and illustrated in EXHIBIT
"B", attached herewith and incorporated into this document by
reference; and a sanitary sewer easement across the real property
owned by Grantor, as described and illustrated in EXHIBIT "C",
attached herewith and incorporated into this document by reference.
The grant made includes and is subject to the following:
1. Purpose: Sanitary Sewer and Reuse - This easement grants to
the City the right to construct, install, reconstruct, repair,
relocate, operate, and maintain up to three sanitary sewer lines,
forced water reclamation plant re-use lines, and their collective
related facilities and appurtenances, in, on, over, under and across
the easement tracts depicted in EXHIBIT "A".
2. Purpose: Lift Station - This easement grants to the City
the right to construct, install, reconstruct, repair, relocate,
operate, lift station equipment and systems, and their collective
related utilities facilities and appurtenances, in, on, over, under
and across the easement tract depicted in EXHIBIT "B".
3. Purpose: Sanitary Sewer - This easement grants to the City
the right to construct, install, reconstruct, repair, relocate,
operate, and maintain one sanitary sewer line, and its collective
related facilities and appurtenances, in, on, over, under and across
the easement tracts depicted in EXHIBIT "C".
Chain 7 Ranch. LP-
F.asemem Purchase P..-reemew
ATTACHMENT 2- E_aseim m 7 ul
4. Pipeline Construction. All pipelines shall be buried to a
minimum depth of forty-eight (48") inches to top of pipe, except at
creek crossings. All rocks greater than 6 inches in diameter brought
to the surface as a result of the City's pipeline construction,
installation, reconstruction, repair, relocation or operation shall
be removed unless used to control erosion with Grantor's approval.
Subsidence and erosion from initial or subsequent construction,
maintenance, repair, replacement or otherwise shall be repaired by
the City in a timely manner. All excavation will be done using the
double ditch method in order to preserve the topsoil for replacement
when the ditch is refilled.
5. Building and Structures. Grantor shall not construct,
erect or place any buildings, signs, or other permanent structures,
or portions thereof, in, on, or over the easement tracts described
herein. The City will replace or repair any sidewalk, parking lot,
or driveway that exists on the easement on the date of execution of
this instrument if removed or damaged by the City during the initial
construction. If the Grantor constructs or places buildings, signs,
parking lots, driveways, private walkways, or other structures or
improvements over the easement after execution of this easement
document, the City may remove all or part of the structures and
improvements as necessary to construct, reconstruct, replace, repair,
alter, relocate, operate or otherwise exercise its rights herein
without any obligation to replace or repair the structures or
improvements and without any liability to Grantor including the
obligation to make further payment to Grantor.
6. Fences and Gates. If necessary to remove or relocate any
fence or gate during the initial construction, the City will remove
or relocate the fence or gate at City of Denton expense. After
completion of the initial construction, the City shall reinstall any
fence or gates initially removed or relocated to their original
locations. After the initial construction, all perimeter gates used
by the City shall be kept locked at all times and the City may place
locks on Grantor's locks (double lock method). City shall use
reasonable measures to contain Grantor's livestock during
construction, installation, reconstruction, repair, relocation or
operation and agrees to keep livestock in property The Grantor may
construct new fences and gates on the easement after the date of this
instrument but the fences and gates shall be placed substantially
perpendicular to the easement. Any fences placed across the easement
shall contain gates or removable panels so that the easement is
readily accessible by the City's employees and agents at all times.
The City, at its discretion, shall erect and maintain a perimeter
fence or enclosure surrounding the Lift Station area depicted in
EXHIBIT "B".
Chain 7 Kanch_ L.P.
Easement Purchase A~reemcnt
ATTACHMENT ? Easement 1 of
7. Access. For the purposes of exercising its rights, the
City shall have access to the easement by way of existing public
property or right-of-way and not from other lands owned by Grantor
outside the subject easement, unless additional means of access is a
quantified component of this grant or subsequently acquired.
S. Trees and Landscaping. Grantor shall not plant any tree
upon the easement property. City may cut, trim, or completely remove
any trees or portions of trees now or hereafter located within the
easement without liability to Grantor including the obligation to
make further payment to Grantor. All trees, or brush to be cut down
or eliminated will be cut at or below ground level so that no spikes
or stakes will be sticking up to puncture tires or cut livestock.
The cut trees and brush are to be removed from the property unless
otherwise agreed to by the Grantor. Grantor may plant shrubs, vines,
grass, or install irrigation systems and other system landscape
features within the easement, but the City may remove all or part of
any shrubs, vines, grass, or other landscape features as is necessary
to construct, reconstruct, replace, repair, alter, relocate, operate
its facilities or otherwise exercise its rights herein without any
liability to Grantor including the obligation to make further payment
to Grantor. Any area substantially disturbed during construction,
installation, reconstruction, repair, relocation or operation shall
be seeded by the City as per City of Denton project specifications.
Subsidence associated with said construction, installation,
reconstruction, repair, relocation or operation will be repaired by
the City of Denton in a timely manner.
9. Crops. The payment herein made includes any damage or loss
to crops sustained now or in the future resulting from the City's
construction, reconstruction, repair, replacement, or other use of
the easement for the purposes granted. However, City agrees not to
mow or cut the hayfields in the permanent easement as long as Grantor
maintains said areas.
10. Grantor's Rights. Grantor shall have the right to make use
of the easement for any purpose that does not interfere with the
City's rights in the easement for the purposes granted, subject to
the restrictions contained herein.
11. Successors and Assigns. This grant shall run with the
land and shall be binding upon the parties and their heirs,
successors and assigns.
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 1 of 3
Witness my hand, this the day of 2008.
CHAIN 7 RANCH, L.P.
By:
Kay Williams Goodman
General Partner
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on 2008
by Kay Williams Goodman.
Notary Public, in and for the State of Texas
My Ccumission Expires:
Accepted this day of 2008 for
the City of Denton, Texas (Resolution No. 91-073).
By:
Paul Williamson
Real Estate Manager
AFTER
RECORDING
RETURN TO: City of Denton
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Chain ? Ranch. L.P.
Easement Purchase Areemcut
AI'TACHNlENT 2 - Easement I of
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT A"
METES AND BOUNDS DESCRIPTIONS
SURVEY PLAT ILLUSTRATIONS
FOR
PERMANENT SANITARY SEWER AND REUSE
EASEMENT TRACTS:
SSE 1 (APPROX. 2.496 acres)
SSE 3 (APPROX. 4.313 acres)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
Chain ~ Ranch, L.P.
Easement Pmchatsc Agreement
ATTACHMFNT 2 - Eascmcnt I Ul 3
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT B"
METES AND BOUNDS DESCRIPTION
SURVEY PLAT ILLUSTRATION
FOR
PERMANENT UTILITY AND LIFT STATION
EASEMENT TRACT:
PULSE I (APPROX. 0.0826 acre)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 1 of 3
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT C"
METES AND BOUNDS DESCRIPTION
SURVEY PLAT ILLUSTRATION
FOR
PERMANENT SANITARY SEWER EASEMENT TRACT:
SSE 2 (APPROX. 0.0497 acre)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 2 of 3
PUBLIC UTILITY AND ACCESS EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT 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 §
THAT Chain 7 Ranch, L.P., (Grantor), whose address is 1042 Bobcat
Road, Sanger, Texas 76266-7590, in consideration of the payment of
the sum of Ten Dollars and No Cents ($10.00) in hand paid by the City
of Denton, Texas (City), receipt of which is hereby acknowledged,
grants, and conveys to the City a utility and access easement across
the real property owned by Grantor, as described and illustrated in
EXHIBIT "A", attached herewith and incorporated into this document by
reference.
The grant made includes and is subject to the following:
1. Purpose: This easement grants to the City the right to
construct, install, reconstruct, repair, relocate, operate, and
maintain up to three sanitary sewer lines, forced water reclamation
plant re-use lines, and their collective related facilities and
appurtenances, in, on, over, under and across the easement tract
depicted in EXHIBIT "A". In addition, this easement also grants to
the City the right to, construct, install, reconstruct, repair,
relocate, operate, and maintain an all weather road driving surface,
and its requisite related facilities and appurtenances, in, on,
over, under and across the easement tract depicted in EXHIBIT "A"
for the purpose of recurring ingress and egress by the City of
Denton to access said lines and facilities.
2. Pipeline Construction. All pipelines shall be buried to a
minimum depth of forty-eight (48") inches from top of pipe, except at
creek crossings. All rocks greater than 6 inches in diameter brought
to the surface as a result of the City's pipeline construction,
installation, reconstruction, repair, relocation or operation shall
be removed unless used to control erosion with Grantor's approval.
Subsidence and erosion from initial or subsequent construction,
maintenance, repair, replacement or otherwise shall be repaired by
the City in a timely manner. All excavation will be done using the
double ditch method in order to preserve the topsoil for replacement
when the ditch is refilled.
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 2 of 3
3. Building and Structures. Grantor shall not construct,
erect or place any buildings, signs, or other permanent structures,
or portions thereof, in, on, or over the easement tract described
herein. The City will replace or repair any sidewalk, parking lot,
or driveway that exists on the easement on the date of execution of
this instrument if removed or damaged by the City during the initial
construction. If the Grantor constructs or places buildings, signs,
parking lots, driveways, private walkways, or other structures or
improvements over the easement after execution of this easement
document, the City may remove all or part of the structures and
improvements as necessary to construct, reconstruct, replace, repair,
alter, relocate, operate or otherwise exercise its rights herein
without any obligation to replace or repair the structures or
improvements and without any liability to Grantor including the
obligation to make further payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any
fence or gate during the initial construction, the City will remove
or relocate the fence or gate at City of Denton expense. After
completion of the initial construction, the City shall reinstall any
fence or gates initially removed or relocated to their original
locations. After the initial construction, all perimeter gates used
by the City shall be kept locked at all times and the City may place
locks on Grantor's locks (double lock method). City shall use
reasonable measures to contain Grantor's livestock during
construction, installation, reconstruction, repair, relocation or
operation and agrees to keep livestock in property. The Grantor may
construct new fences and gates on the easement after the date of this
instrument but the fences and gates shall be placed substantially
perpendicular to the easement. Any fences placed across the easement
shall contain gates or removable panels so that the easement is
readily accessible by the City's employees and agents at all times.
5. Access. For the purposes of exercising its rights, the
City shall have access to the easement by way of existing public
property or right-of-way and not from other lands owned by Grantor
outside the subject easement, unless additional means of access is a
quantified component of this grant or subsequently acquired.
6. Trees and Landscaping. Grantor shall not plant any tree
upon the easement property. City may cut, trim, or completely remove
any trees or portions of trees now or hereafter located within the
easement without liability to Grantor including the obligation to
make further payment to Grantor. All trees, or brush to be cut down
or eliminated will be cut at or below ground level so that no spikes
or stakes will be sticking up to puncture tires or cut livestock.
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 2 of 3
The cut trees and brush are to be removed from the property unless
otherwise agreed to by the Grantor. Grantor may plant shrubs, vines,
grass, or install irrigation systems and other system landscape
features within the permanent easement, but the City may remove all
or part of any shrubs, vines, grass, or other landscape features as
is necessary construct, reconstruct, replace, repair, alter,
relocate, operate its facilities or otherwise exercise its rights
herein without any liability to Grantor including the obligation to
make further payment to Grantor. Any area substantially disturbed
during construction, installation, reconstruction, repair, relocation
or operation shall be seeded by the City as per City of Denton
project specifications. Subsidence associated with said
construction, installation, reconstruction, repair, relocation or
operation will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss
to crops sustained now or in the future resulting from the City's
construction, reconstruction, repair, replacement, or other use of
the easement for the purposes granted. However, City agrees to not
mow or cut the hayfields in the permanent easement as long as Grantee
maintains said areas.
8. Grantor's Rights. Grantor shall have the right to make use
of the easement for any purpose that does not interfere with the
City's rights in the easement for the purposes granted, subject to
the restrictions contained herein.
9. Successors and Assigns. This grant shall run with the
land and shall be binding upon the parties and their heirs,
successors and assigns.
Witness my hand, this the day of 2008.
CHAIN 7 RANCH, L.P.
By:
Ray Williams Goodman
General Partner
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 2 of 3
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on 2008
by Kay Williams Goodman.
Notary Public, an and for the State of Texas
My Commission Expires:
Accepted this day of 2008 for
the City of Denton, Texas (Resolution No. 91-073).
By:
Paul Williamson
Real Estate Manager
AFTER
RECORDING
RETURN TO: City of Denton
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 2 of 3
THIS SHEET IS A PLACE HOLDER
FOR
"'EXHIBIT A"
METES AND BOUNDS DESCRIPTION
SURVEY PLAT ILLUSTRATION
FOR
PUBLIC UTILITY AND ACCESS EASEMENT
TRACT: PUAE 1 (APPROX. 2.322 acres)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 3 of 3
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT 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 §
THAT Chain 7 Ranch, L.P., (Grantor), whose address is 1042 Bobcat
Road, Sanger, Texas 76266-7590, in consideration of the payment of
the sum of Ten Dollars and No Cents ($10.00) in hand paid by the City
of Denton, Texas (City), receipt of which is hereby acknowledged,
grants, and conveys to the City a one year temporary construction
easement across the real property owned by Grantor, as described and
illustrated in EXHIBIT "A", attached herewith and incorporated into
this document by reference; and a one year temporary construction and
grading easement across the real property owned by Grantor, as
described and illustrated in EXHIBIT "B", attached herewith and
incorporated into this document by reference.
The grant made includes and is subject to the following:
1. Purpose: This easement grants to the City a one year
temporary construction easement, as described in EXHIBIT "A". Upon
conclusion of the initial construction, the temporary construction
easement shall terminate and the City• shall remove all debris,
surplus material, and construction equipment and leave the property
substantially equal in appearance to the condition existing prior to
construction, except for any trees or shrubs removed.
2. Purpose: This easement grants to the City a one year
temporary construction and grading easement, as described in EXHIBIT
"B". Upon conclusion of the initial construction, the temporary
construction and grading easement shall terminate and the City shall
remove all debris, surplus material, and construction equipment and
leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs
removed and the changes in surface grade in regard to angle of repose
required by the Project. Any excavation by the City will preserve the
topsoil for restoration and replacement after grading. Erosion from
the initial or subsequent construction, maintenance, repair,
replacement or otherwise shall be repaired by the City in a timely
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 3 of 3
manner. Any area substantially disturbed during construction,
installation, reconstruction, repair, relocation or operation shall
be seeded by the City as per City of Denton project specification.
3. Trees and Brush. All trees, or brush to be cut down or
eliminated will be cut at or below ground level so that no spikes or
stakes will be sticking up to puncture tires or cut livestock. The
cut trees and brush are to be removed from the property unless
otherwise agreed to by the Grantor.
4. Building and Structures. Grantor shall not construct,
erect or place any buildings, signs, or other permanent structures,
or portions thereof, in, on, or over the easement tracts described
herein during the term of this easement.
5. Fences & Gates. If necessary to remove or relocate any
fence or gate during the initial construction, the City will remove
or relocate the fence or gate at City of Denton expense. After
completion of the initial construction, the City shall reinstall any
fence or gates initially removed or relocated to their original
locations. After the initial construction, all perimeter gates used
by the City shall be kept locked at all times and the City may place
locks on Grantor's locks (double lock method). City shall use
reasonable measures to contain Grantor's livestock during
construction, installation, reconstruction, repair, relocation or
operation and agrees to keep livestock in property
6. Access. For the purposes of exercising its rights, the
City shall have access to the easement by way of existing public
property or right-of-way and not from other lands owned by Grantor
outside the subject easement, unless additional means of access is a
quantified component of this grant or subsequently acquired.
7. Crops. The payment herein made includes any damage or loss
to crops sustained in the future by Grantor resulting from the City's
use of the easement tracts described herein.
8. Grantor's Rights. Grantor shall have the right to make use
of the easement for any purpose that does not interfere with the
City's rights in the easement for the purposes granted, subject to
the restrictions contained herein.
9. Easement Term. The term of this easement shall expire one
(1) year from the execution date of a 3-way development contract
between the City of Denton and Denton 288, L.P., a Texas limited
partnership, or their successors or assigns (Hills of Denton).
Notwithstanding that development contract execution event, the
easement term shall expire three (3) years from the execution date of
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 3 of 3
Witness my hand, this the day of 2008.
CHAIN 7 RANCH, L.P.
By:
Kay Williams Goodman
General Partner
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on ,2008
by Kay Williams Goodman.
Notary Public, in and for the State of Texas
My Cc mission Expires:
Accepted this day of 2008 for
the City of Denton, Texas (Resolution No. 91-073).
By:
Paul Williamson
Real Estate Manager
AFTER
RECORDING
RETURN TO: City of Denton
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 3 of 3
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT A"
METES AND BOUNDS DESCRIPTIONS
SURVEY PLAT ILLUSTRATIONS
FOR
TEMPORARY CONSTRUCTION EASEMENT TRACTS:
TCE 1 (APPROX. 2.047 acres)
TCE 2 (APPROX. 3.122 acres)
TCE 3 (APPROX. 1.1080 acre)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 - Easement 3 of 3
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT B"
METES AND BOUNDS DESCRIPTION
SURVEY PLAT ILLUSTRATION
FOR
TEMPORARY CONSTRUCTION AND GRADING
EASEMENT TRACT:
TCGE 1 (APPROX. 1.188 acre)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED