2008-290ORDINANCE NO. 2008- 290
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN EASEMENT PURCHASE AGREEMENT BY AND BETWEEN THE
CITY OF DENTON, TEXAS AND DAVID R. FULTON, TRUSTEE, AND ANY
OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO
ACQUIRE AN APPROXIMATE 0.3792 ACRE UTILITY EASEMENT, AND
TEMPORARY CONSTRUCTION EASEMENTS OF APPROXIMATELY 0.3504
ACRE, 0.1836 ACRE, 0.0873 ACRE, AND 0.1138 ACRE, ALL BEING LOCATED IN
THE ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER 31, CITY OF
DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (NORTH-SOUTH
42-INCH WATER LINE PROJECT)
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute
an Easement Purchase Agreement by and. between the City of Denton, Texas, as
Purchaser and David R. Fulton, Trustee, as Seller, substantially in the form that is
attached hereto and made a part hereof as Exhibit "A" (the "Agreement'), and the City
Manager is hereby authorized to expend the funds pursuant to said Agreement, together
with any other documents necessary for the acquisition of the easements, as described in
the caption above. The easements and temporary construction easements being acquired
are for municipal utility purposes.
SECTION 2. This Ordinance shall become effective immediately upon its
passage and approval.
~
PASSED AND APPROVED this day of 4&pam), 2008.
MARK A. BURROUGH YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP OVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: 0 ~ ~ j
EASEMENT PURCHASE AGREEMENT
AGREEMENT dated December 29 , 2008 between David R. Fulton, Trustee
("OWNER") and the City of Denton, Texas ("CITY").
WITNESSETH:
WHEREAS, David R. Fulton, Trustee, is the owner of certain tracts of land in the Robert
Beaumont Survey; Abstract Number 31, evidenced by conveyances to David R. Fulton, Trustee by
instruments recorded under Clerk's File Number 2005-51073, and under Clerk's File Number 2006-
58344, and under Clerk's File Number 2006-67404, all in the Real Property Records of Denton
County, Texas,, said tracts being affected by the public improvement project called North-South 42-
inch Water Line Project and the U.S. Highway 380 Utility Relocation Project, hereinafter
collectively referred to as the ("PROJECTS"); 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 PROJECTS;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
At Closing, the OWNER shall grant, execute and deliver to the CITY an easement
for public utilities and temporary construction traversing Owner's property, more
particularly described as a Public Utility Easement tract of approximately 0.3792
acre of land and a Temporary Access and Construction Easement tract of
approximately 0.3504 acre of land. Also, at Closing the OWNER shall grant,
execute and deliver to the CITY temporary construction easement traversing
Owner's property, more particularly described as a Temporary Access and
Construction Easement comprised of tracts being approximately 0.1836 acre, 0.0873
acre, and 0.1138 acre respectively. All of the easement tracts herein are collectively
referenced hereinafter as the "Easements". The Easements being more particularly
described in "ATTACHMENT 1" and generally depicted in '`ATTACHMENT 2',
both being attached hereto and made a part hereof,
2. At Closing, the CITY shall pay OWNER, One Hundred and Ninety Six Thousand
Nine Hundred and Ninety Seven Dollars and No Cents ($196,997.00) as payment for
the Easements as Total Compensation. 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;
3. The Closing shall be in and through the office of Republic Title of Fort Worth (Title
Company) with said Title Company acting as escrow agent, on the date which is 30
days after the Effective Date, 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
Page 1
support satisfaction of all closing requirements in relation to solicitation of release or
subordination of liens and encumbrances affecting the Easements, if necessary;
4. 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 associated
with this transaction shall be paid specifically by the CITY, except for OWNER's
attorney's fees;
5. The CITY expressly acknowledges that the Easements are being granted and
accepted AS-IS, WHERE-IS WITH ALL FAULTS, and, OWNER makes no
representations or warranties, express or implied, with respect to the physical
condition or any other aspect of the Easements;
6. This AGREEMENT is subject to all matters shown of public record to affect the
Easements, including all liens, claims, easements, restrictions, covenants, mineral
and royalty interests shown of public record, and all other contracts; burdens and
encumbrances of any kind affecting the Easements;
7. The date on which this AGREEMENT is executed by the last to sign of the parties
shall be the "Effective Date" of this AGREEMENT;
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:
George C. Campbell,
City Manager
~ODcI
Date: V 144
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
"OWNER"
By: ,
David R. Fulton, T stee
Date: December 29, 2008
Page 3
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of. (1) an executed copy of
this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of
this Agreement and to perform its duties pursuant to the provisions of this Agreement including
without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue
Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms
promulgated thereunder.
TITLE COMPANY:
REPUBLIC TITLE O FO WORacer5
Attn: 3eatina Qe-ud cJl-' ~l C 420 Throckmorton, Suite 640
Fort Worth, Texas 76102
Telephone: (817) 877-1481
Telecopy: (972) 445-5047
By.
Printed Name:ie- es
Title: PS~> c Q/
Contract receipt date: 2[20 f'C-4
Page 4
ATTACH M ENT 1
SHEET 1 OF 5
DESCRIPTION OF EASEMENT PROPERTY
SITUATED in the City of Denton, Denton County, Texas, and being a portion of that certain 7.057 acre
parcel described in a deed from 3B Realty, Ltd. to David R. Fulton, Trustee recorded under Document
Number 2005-51073 in Real Property Records, Denton County, Texas, and said portion being more fully
described as follows:
BEGINNING at a point in the north boundary line of said Fulton tract, lying South 64 degrees, 46 minutes,
21 seconds West 500.24 feet from a'/2" iron rod found at the northeast corner of said Fulton tract;
THENCE South 01 degrees, 03 minutes, 17 seconds West across said Fulton tract a distance of 411.20 feet
to a point for corner;
THENCE South 42 degrees, 50 minutes, 30 seconds East across said Fulton tract a distance of 87.86 feet
to a point for corner, said point lying on the north line of a 16 foot public utility easement conveyed by
Bill Utter, and wife, Virginia Utter to the City of Denton, Texas by easement deed recorded in Volume
809, Page 7 of the Deed Records of Denton County, Texas;
THENCE North 89. degrees, 05 minutes, 49 seconds West along and with the north line of said City of
Denton easement (Volume 809, Page 7, DRDCT) and across said Fulton tract a distance of 82.62 feet to
a point for corner, said point lying on a right-of-way flare line of U.S. Highway 380, said point also lying on
a southwesterly boundary line of said Fulton tract;
THENCE North 45; degrees, 43 minutes, 09 seconds West along and with said lines a distance of 21.71
feet to a point for corner, said point being the southeast corner of a variable width street and public
utility easement conveyed by Bill E. Utter, and wife, Virginia Utter to the City of Denton, Texas by
easement deed recorded in Volume 2531, Page 996 of the Real Property Records of Denton County,
Texas;
THENCE North 03 degrees, 20 seconds, 23 minutes East along and with an east line of said City of Denton
easement (Volume 2531, Page 996, RPRDCT) and across said Fulton tract a distance of 106 feet to a
point for corner;
THENCE East, across said Fulton a distance of 3.30 feet to a point for corner;
THENCE North 01 degrees, 03 minutes, 17 seconds East across said Fulton tract a distance of 339.07 feet
to a point for corner, said point lying on the northerly boundary line of said Fulton tract;
THENCE North 64'degrees, 46 minutes, 21 seconds East along and with the north boundary line of said
Fulton tract a distance of 33.46 feet to the PLACE OF BEGINNING, and containing 16,518 square feet
(0.3792 acre).
ATTACHMENT 1
SHEET 2 OF 5
DESCRIPTION OF TEMPORARY EASEMENT PROPERTY
SITUATED in the City of Denton, Denton County, Texas, and being a portion of that certain 7.057 acre
parcel described in a deed from 3B Realty, Ltd. to David R. Fulton, Trustee recorded under Document
Number 2005-51073 in Real Property Records, Denton County, Texas, and said portion being more fully
described as follows:
BEGINNING at a point in the north boundary line of said Fulton tract, lying South 64 degrees, 46 minutes,
21 seconds West 466.79 feet from a '/2" iron rod found at the northeast corner of said Fulton tract;
THENCE South 01 degrees, 03 minutes, 17 seconds West across said Fulton tract a distance of 413.93 feet
to a point for corner;
THENCE South 42:degrees, 50 minutes, 30 seconds East across said Fulton tract a distance of 104.48 feet
to a point for corner, said point lying on the north line of a 16 foot public utility easement conveyed by
Bill Utter, and wife, Virginia Utter to the City of Denton, Texas by easement deed recorded in Volume
809, Page 7 of the Deed Records of Denton County, Texas;
THENCE North 89` degrees, 05 minutes, 49 seconds West along and with the north line of said City of
Denton easement (Volume 809, Page 7, DRDCT) and across said Fulton tract a distance of 41.53 feet to
a point for corner;
THENCE North 42 degrees, 50 minutes, 30 seconds West across said Fulton tract a distance of 87.86 feet
to a point for corner;
THENCE North 01 degrees, 03 seconds, 17 minutes East across said Fulton tract a distance of 411.20 feet
to a point for corner, said point lying on the north boundary line of said Fulton tract;
THENCE North 64 degrees, 46 minutes, 21 seconds East along and with the northerly boundary line of
said Fulton tract a distance of 33.46 feet to the PLACE OF BEGINNING, and containing 15,264 square
feet (0.3504 acre).
ATTACHMENT 1
SHEET 3 OF 5
DESCRIPTION OF TEMPORARY EASEMENT PROPERTY
SITUATED in the City of Denton, Denton County, Texas, and being a portion of that certain 7.057 acre
parcel described in a deed from 3B Realty, Ltd. to David R. Fulton, Trustee recorded under Document
Number 2005-51073 in Real Property Records, Denton County, Texas, and said portion being more fully
described as follows:
BEGINNING at a point in the east boundary line of said Fulton tract, lying North 00 degrees, 49 minutes,
51 seconds West 16 feet from a '/z" iron rod found at the southeast corner of said Fulton tract, said point
being the northeast corner of a 16 foot public utility easement conveyed by Bill Utter, and wife, Virginia
Utter to the City of Denton, Texas by easement deed recorded in Volume 809, Page 7 of the Deed
Records of Denton County, Texas;
THENCE North 89:degrees, 05 minutes, 49 seconds West across said Fulton tract and along and with the
north line of said City of Denton easement tract a distance of 390.34 feet to a point for corner;
THENCE North 42 degrees, 50 minutes, 30 seconds West across said Fulton tract a distance of 27.68 feet
to a point for corner;
THENCE South 89:degrees, 05 minutes, 49 seconds East across said Fulton tract a distance of 409.45 feet
to a point for corner, said point lying on the east boundary line of said Fulton tract; '
THENCE South 00 degrees, 49 minutes, 51 seconds West along and with the east boundary line of said
Fulton tract a distance of 20 feet to the PLACE OF BEGINNING, and containing 7,997 square feet (0.1836
acre).
ATTACHMENT 1
SHEET 4 OF 5
DESCRIPTION OF TEMPORARY EASEMENT PROPERTY
SITUATED in the City of Denton, Denton County, Texas, and being a portion of that certain 1.221 acre
parcel described in a deed from Great American Foods Corporation to David R. Fulton, Trustee
recorded under Document Number 2006-67404 in Real Property Records, Denton County, Texas, and
said portion being more fully described as follows:
BEGINNING at a point in the west boundary line of said Fulton tract, lying North 00 degrees, 49 minutes,
51 seconds West j 6 feet from a '/2" iron rod found at the southeast corner of said Fulton tract, said point
being the northwest corner of a 16 foot public utility easement conveyed by James Hughes Briscoe to
the City of Denton, Texas by easement deed recorded in Volume 803, Page 95 of the Deed Records of
Denton County, Texas;
THENCE North 00 degrees, 49 minutes, 51 seconds East along and with the east boundary line of said
Fulton tract a distance of 20 feet to a point for corner;
THENCE South 89:degrees, 21 minutes, 34 seconds East across said Fulton tract a distance of 190.12 feet
to a point for corner, said point lying on the east boundary line of said Fulton tract;
THENCE South 00'degrees, 50 minutes, 46 seconds West along and with the east boundary line of said
Fulton tract a distance of 20 feet to a point for corner, said point lying on the north line of said City of
Denton easement tract;
THENCE North 89:degrees, 21 minutes, 34 seconds West across said Fulton tract a distance of 190.11 feet
to the PLACE OF BEGINNING, and containing 3,802 square feet (0.0873 acre).
ATTACHMENT 1
SHEET 5 OF 5
DESCRIPTION OF TEMPORARY EASEMENT PROPERTY
SITUATED in the City of Denton, Denton County, Texas, and being a portion of that certain 6.975 acre
parcel described in a deed from Shaul C. Baruch, Trustee to David R. Fulton, Trustee recorded under
Document Number 2006-58344 in Real Property Records, Denton County, Texas, and said portion being
more fully described as follows:
BEGINNING at a point in the east boundary line of said Fulton tract, lying North 00 degrees, 46 minutes,
24 seconds West 16 feet from a '/z" iron rod found at the southeast corner of said Fulton tract, said point
being the northeast corner of a 16 foot public utility easement conveyed by James Hughes Briscoe to
the City of Denton, Texas by easement deed recorded in Volume 803, Page 95 of the Deed Records of
Denton County, Texas;
THENCE North 88;degrees, 58 minutes, 06 seconds West across said Fulton tract and along and with the
north line of said City of Denton easement tract a distance of 246.84 feet to a point for corner, said
point lying on the: most easterly west boundary line of said Fulton tract;
THENCE North 00 degrees, 50 minutes, 46 seconds East along and with said west line of said Fulton tract
a distance of 20 feet to a point for corner;
THENCE South 88 degrees, 58 minutes, 06 seconds West across said Fulton tract a distance of 246.81 feet
to a point for corner, said point lying on the east boundary line of said Fulton tract;
THENCE South 00 degrees, 46 minutes, 24 seconds West along and with the east boundary line of said
Fulton tract a distance of 20 feet to the PLACE OF BEGINNING, and containing 4,937 square feet (0.1138
acre).
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