2008-058s:\our documents\ordinances\08\sfl orclinance.doc
ORDINANCE NO. ~/J//R- D,J ,~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE AN
ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DENTON AND SFT
INDUSTRIAL, L.P. TO ALLOW THE INSTALLATION OF TWO STAINLESS
STEEL ETHANOL TRANSFER LINES AND ELECTRIC CONDUIT AND SERVICE
LINES AND RELATED APPURTENANCES WITHIN AN EXISTING CITY OF
DENTON PUBLIC ACCESS AND FIRE LANE AND UTILITY EASEMENT; SAID
TRACT BEING DESCRIBED AS A 43 SQUARE FOOT TRACT OF LAND
SITUATED IN THE O. S. BREWSTER SURVEY ABSTRACT NO. 56, BEING PART
OF LOT 1B, BLOCK 1 OF GRANITE POINT ADDITION, PHASE 1, AN ADDITION
TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET W, SLIDE 753-757, PLAT RECORDS,
DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council finds that approval of the Encroachment
Agreement attached hereto and made a part hereof by reference (the "Agreement") is in
the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitations contained in the preamble of this
resolution are incorporated herein by reference.
SECTION 2. The Agreement is hereby approved. The City Manager or his
designee is hereby authorized to execute the Agreement on behalf of the City and to carry
out the City's rights and obligations under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval.,
PASSED AND APPROVED this the ~ day of 2 , 2008.
PERK R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CIT1Y S/E~CRETARY
BY: / X
APP VED O LEGAL F RM:
BY:
EDWIN SNYD CITY ORNEY
Page 2
NOTICB OF CONFIDBNTIALITY RIGHTS: IF YOII AR8 A NATIIRAL PBRSON, YOII
MAY R8MOV8 OR 3TRIR8 ANY OR ALL OF TH8 FOLLOS9ING INFORMATION FROM
ANY INSTRIIDl~NT THAT TRANSFBRS AN INT8R83T IN RBAL PROPBRTY 88FOR8
IT IS FILBD POR RBCORD IN TH8 PIIBLIC RBCORDB: YOIIR SOCIAL SBCIIRITY
NII1~BR OR YOIIR DRIVBR'S LICSN38 NIIMBSR.
ENCROACHMENT AGREEMENT
WHEREAS, SFT INDUSTRIAL, L.P., a Texas limited partnership, of Collin County
Texas, (hereinafter referred to as "LICENSEE"), has requested permission to use an area
within the boundaries of an existing CITY of Denton (the "CITY") Public Access and
Firelane and Utility Easement ("CITY EASEMENT") as defined below, located in Denton
County, Texas for the installation of two stainless steel ethanol transfer lines and electric
conduit and service lines and related appurtenances (the "ENCROACHING FACILITY");
and
WHEREAS, the ENCROACHING FACILITY will be located within that portion ofthe
CITY EASEMENT and more particularly described as a 43 square foot parcel in Exhibit "A"
and illustrated in Exhibit "B" attached hereto and made a part hereof by reference (the
"ENCROACHMENT AREA"); and
WHEREAS, LICENSEE has entered into this agreement to set forth certain
responsibilities that it has under this Agreement; and
WHEREAS, The CITY of Denton, Texas ("CITY") hereby grants permission and
license to LICENSEE to the locate, maintain and repair the ENCROACHING FACILITY
within the ENCROACHMENT AREA, subject to the following terms and conditions:
1. It is understood and agreed that the CITY only holds EASEMENT interests for the
CITY EASEMENT portion of the ENCROACHMENT AREA. Therefore, LICENSEE is
responsible to obtain whatever rights and permission, other than the CITY's that are
necessary from any others having an interest in the ENCROACHMENT AREA. This
agreement shall extend to and be binding upon LICENSEE and its heirs, successors, and
assigns, and is not to be interpreted as a waiver of any rights held by the CITY under
CITY's EASEMENT.
2. The ENCROACHING FACILITY shall be constructed in such a manner, as not to
interfere with the CITY facilities and shall be limited to and constructed in accordance with
the City of Denton Development Code requirements. LICENSEE shall be required to
obtain a building permit from the City of Denton prior to installation and placement of the
two stainless steel ethanol transfer lines and electric conduit and service lines. When
referring to the ENCROACHING FACILITY within this agreement such term shall mean the
ENCROACHING FACILITY constructed in accordance with the PLANS AND
SPECIFICATIONS and Authorized Modifications, if any. The CITY reserves the right to
limit excavation within the ENCROACHMENT AREA and/or to require specific construction
methods (including trench shoring or dry bore and casing installation techniques) for any
proposed utility work that may be permitted by this agreement. These limitations or
construction methods shall be included in the construction PLANS AND SPECIFICATIONS
for any work performed within the ENCROACHMENT AREA. In addition, the LICENSEE
shall provide adequate inspection and coordination with the CITY to insure the contractor
adheres to these items during construction.
3. The ENCROACHING FACILITY is subordinate to the CITY's facilities and rights
under the CITY EASEMENT, including without limitation, utilities and related facilities
located now or in the future 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 Encroaching Facilities be mod~ed, removed or
relocated, in whole or in part, to accommodate such repairs, expansion or addition,
LICENSEE shall, at its sole cost, modify, remove or relocate the ENCROACHING
FACILITY, as directed by the CITY, no later than 30 days after CITY gives LICENSEE
written notice, unless an emergency repair is necessary wherein the CITY has the right to
remove the ENCROACHING FACILITY immediately at the LICENSEE' sole cost and
expense without any liability to CITY for such action.
4. LICENSEE shall defend, indemnify and hold harmless the CITY, its employees and
agents from and against any and all claims, expenses, (including attorney fees), damages,
losses and judgments arising out of or incident to the presence, construction, operation
and maintenance ofthe ENCROACHING FACILITY. Before performing anyworkwithin the
ENCROACHMENT AREA, LICENSEE and its agents or contractors shall provide to the
CITY such certificate or cert~cates of insurance complying with the CITY's insurance
requirements prior to construction or placement of the ENCROACHING FACILITY.
5. LICENSEE and it's successors and assigns to, shall purchase and maintain General
Liability Insurance naming the CITY as an "additional insured" for damages arising from the
construction and maintenance of the two stainless steel ethanol transfer lines and electric
conduk and service lines and related appurtenances with a limit of not less than
$250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury
or death and $100,000.00 for each single occurrence for injury to or destruction of
property' .
6. LICENSEE will limit the cuts needed in the ENCROACHMENT AREA crossing
zones required for construction of the ENCROACHING FACILITY to prevent construction
equipment from damaging existing CITY facilities or public utilities located within the
ENCROACHMENT AREA and adjacent areas.
7. It is agreed that no trash dumpsters, toxic substances or flammable material will be
allowed on or in the ENCROACHMENT AREA.
8. The CITY will not be responsible for any costs of construction, operation and
maintenance of LICENSEE'S ENCROACHING FACILITY. It is further agreed that the
CITY shall not be liable for any damage to the ENCROACHING FACILITY as a result of
the CITY's use pursuant to its EASEMENT. If any CITY property is damaged or destroyed
by LICENSEE or its agents it may be repaired or replaced by the CITY at LICENSEE's
expense and payment is due upon LICENSEE's receipt of an invoice from the CITY.
9. Grading, if any, shall be done in order to leave the ENCROACHMENT AREA and
EASEMENT in as near as possible to its present condition. Spoil dirt and all trash shall be
removed from these areas.
10. Construction equipment and materials shall not be stored on the ENCROACHMENT
AREA or EASEMENT orright-of--way areas during construction.
11. It is understood and agreed that, in case of defauR by LICENSEE or its agents in
any of the terms and conditions herein stated and such default continues for a period often
(10) days after the CITY notifies LICENSEE of such default, the CITY may at its election
forthwith terminate this agreement and upon such termination all of LICENSEE's rights
hereunder shall cease and come to an end. This agreement shall also terminate upon the
abandonment of the ENCROACHING FACILITY.
12. This agreement shall be construed under the laws of the State of Texas and is fully
performable in Denton County, Texas.
Dated to be effective as of the ~lday of 7/ , 2008.
CITY OF DENTON, TEXA
BY: ? ~
GEORGE C. CAMP ELL
CITY MANAGER
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~ ,
APPROVED AS TO FORM:
EDWIN SNYDER. ~EITYAV
BY:
David R. Cunningham, Director, Development/Construction
Name Printed and Title
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF~(QQl
This instrument was acknowledged before me on ~ ,2008,
by George C. Campbell, City Manager of the CITY of D TON, Texas, on behalf of such
municipality.
N ary Public in and for the State of Texas
.•~,':~~~: JANE E. RICHARDSON /~
'`~' Notary Public, State of Texas My Commission Expires: ~o o~
' '• F My Commission Expires
~:~~f
.n„e~~,,,n Juna 21. 2009
ACKNOWLEDGEMENT
THE STATE OF Texas §
COUNTY OF Conin §
This instrument was acknowledged before me on February, 21 , 2008,
by David R. Cunningham (Name), director, oev. s const. (Title) SFT Industrial,
L.P.
~~~~~~ 91CBII nU ~~'''.~
~~ C ~.. ~ ~/~ i
N
i (7:
G9 •~
~•Idf. <.~FJb
.MIN\\\\
Notary P li a r the State of Texas
My Commissi xpires: oaiosizo~o
UPON FILING, PLEASE RETURN TO:
City of Denton
Engineering Department
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
.I ~
RIGHTAF-WAY AGREEMENT
ENCROACHMENT No.1 FIELD NOTES
EXHIBIT "A"
BEING 43 square feet of land located in the O.S. BREWSTER SURVEY,
Abstract No. 56, Denton County, Texas, being a portion of Lot 16, Block 1,
Granite Point, Phase 1, as shown by the plat recorded in Cabinet "W", Pages
753=757 of the Plat Records of Denton County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a point lying N 53°48'00"E, 625.40 feet from the Southwest
comer of said Lot 1 B, and lying in the West line of a 26 foot wide Public Access
and Firelane & Utility Easement as shown by aforementioned plat, said point
being the beginning of a Curve to the Right;
THENCE NORTHEASTERLY along the West line of said 26 foot wide Public
Access and Firelane & Utility Easement, 1.67 feet along said Curve to
the Right, having a radius of 78.00 feet, a central angle of 01°13'35"
and a chard bearing N 01 °55'26"E, 1.67 feet to a point at the end of
said Curve to the Right;
THENCE N 88°33'33°E, 26.09 feet to a point in the East line of said 26 foot wide
Public Access and Firelane & Utility Easement, being the beginning of
aNon-Tangent Curve to the Left;
THENCE SOUTHWESTERLY along the East line of said 26 foot wide Public
Access and Firelane & Utility Easement, 1.67 feet along said Non-
Tangent Curve to the Left, having a radius of 52.00 feet, a central
angle of 01°50'37" and a chord bearing S 03°36'37"W, 1.67 feet to a
point at the end of said Non-Tangent Curve to the Left;
THENCE S 88°33'33"W, 26.05 feet to the PLACE of BEGINNING containing 43
square feet of land.
Page 1 of 1
W&A No. 02119.02
November 21, 2007
1C
C I~1
m'
II
N
O
~~~~~~~
. ~~~~~
~ mz
n c~
<~Z-g°O~
m~~
~gN~g
J Z
yZN
1D~p>°" m
.~~
SUP/LEASE AGREEAEIdT <~ r r
~+ ~
y
~S
l ~
\ MI~,.~ ~
-3C'"R~ie~~c accESs
AID fAEUUE 8 U.E.
_ _
~ C
v<~ Z, ~s
a ~ Z{m ~~
?~zCND, x
~ ~DmD N2Dao
nD~°OZZin rn~
~ND~OC7~~-~-~f~l
~-c~N ~.
MOlco~oZ~m Z~
wN I O{ZN ~ JZ ~
~ N ~ ~~
Z ~ ~m~ -
~ ~ X
N
N
N n O
D~
W ~ r IV ~ D
i°,=rn ggy
Y
2 ~ U • m
O ~++
m m m ~ ~ n
w ~_
w
~' _ _ c
m ~z
~(vJA~
oo$rn
A W
~ ~ \
Of
J
N
._~ \ ~ o
m
,m
\ W U
Of U _
Z
~ ~ ~ ~
\ 'gym
P
\~ \ \ ~
~~ \k \ \
O~~i~ ~~$
~ ~. ~
o~
~ ^"~
A ~U~
/~ u
J ~
J
• ~