2008-188ORDINANCE NO. 2008- / 90
AN ORDINANCE AUTHORIZING A GAS LINE EASEMENT BETWEEN THE CITY OF
DENTON, AS GRANTOR AND ENTERPRISE TEXAS PIPELINE, LLC, A TEXAS
LIMITED LIABILITY CORPORATION, AS GRANTEE, REGARDING A 0.04 ACRE
TRACT OF LAND LOCATED ON LOT 1, BLOCK 1 OF THE ROBSON RANCH WATER
RECLAMATION PLANT ADDITION, RECORDED IN CABINET R PAGE 365, PLAT
RECORDS, DENTON COUNTY, TEXAS AND BEING IN THE T & P.R.R SURVEY,
ABSTRACT NO. 1301, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Gas Line Easement by and between the City of Denton, ("Grantor")
and Enterprise Texas Pipeline, LLC, a Texas Limited Liability company, ("Grantee") in
substantially the form of the easement attached hereto and made part of the ordinance for all
purposes (the "Easement") is hereby approved.
SECTION 2. The City Manager or his designee is hereby authorized to execute the
Easement on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
zaq-alt , 2008.
MARK A-B`1OUS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED A O LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
By:
THE STATE OF TEXAS §
COUNTY OF DENTON §
UNDERGROUND PIPELINE EASEMENT AGREEMENT
This Underground Pipeline Easement Agreement (the "Agreement") is entered into
between the City of Denton, Texas, a Texas Municipal Corporation and a home-rule municipal
corporation of Denton County, Texas ("GRANTOR") and ENTERPRISE TEXAS PIPELINE
LLC, A Texas Limited Liability Company, ("GRANTEE").
For and in consideration of twenty-five hundred Dollars ($2,500.00) and other good and
valuable considerations in hand paid, the receipt of which and sufficiency of which is hereby
acknowledged, and in consideration of the covenants contained herein, GRANTOR and
GRANTEE agree as follows:
1. Subject to the terms of this Agreement, GRANTOR hereby grants to GRANTEE an
easement (the "Easement" or "Easement Tract") under and across the property described
in Exhibit "A", and illustrated in Exhibit "B" attached hereto (the "Easement Tract").
This grant is made subject to all matters of record affecting the Easement Tract.
2. This easement is made and accepted for the following purposes: Constructing,
reconstructing, operating, replacing, relocating, rebuilding, inspecting, repairing, and
maintaining one underground natural gas line under the Easement Area; together with the
right of GRANTEE, its agents, employees, workmen and representatives to have
restricted ingress and egress upon and across the Easement Area for the purpose of
constructing, reconstructing, operating, replacing, relocating, rebuilding, upgrading,
inspecting, and any part thereof, said one natural gas line is not to exceed thirty-six (36)
inches in diameter.
3. The natural gas line placed by the GRANTEE(s) within the Easement Area shall be
underground and buried to a level or placed at a location so as not to interfere with
GRANTOR's use of the surface, subject to the terms hereof.
4. The GRANTEE agrees to bury the natural gas line at a minimum of thirty-six (36) inches,
however, if the pipeline situated beneath a road or a water, sewer, or drainage pipe, the
natural gas pipeline shall be then buried at a minimum of sixty (60) inches.
5. All facilities placed in the Easement Area shall be maintained in good condition by
GRANTEES and not to interfere, restrict or limit the use of GRANTOR's surface rights.
All uses and operations by GRANTEE under the Easement shall be conducted in a safe
manner consistent with good industry practices and shall comply with all laws,
ordinances, and permitting requirements. Placement of gas line markers shall only be
placed on the north and south boundary lines of said easement, so that they do not
interfere in any way, with GRANTOR's access.
6. GRANTEE shall, at its own cost and expense comply with all applicable laws, including
but not limited to existing zoning ordinances, governmental rules and regulations enacted
or promulgated by any governmental authority and shall promptly execute and fulfill all
orders and requirements imposed by such governmental authorities for the correction,
prevention and abatement of nuisances in or upon or connected with said premises
because of GRANTEE's use thereof.
7. GRANTEE agrees and fully understands that the pipeline and appurtenant facilities
located in the Easement Tract are "at risk". GRANTEE shall arrange for the pipeline,
appurtenant facilities, all activities, and improvements within the Easement Tract to be
adjusted within the Easement Property to facilitate road or other utility crossings, at the
reasonable request of GRANTOR, within ninety (90) days of notification by GRANTOR,
and the cost associated with the adjustment of the pipeline, appurtenant facilities, all
activities, and improvements shall be completely borne by the GRANTEE.
8. GRANTOR hereby reserves the right to use the Easement Area for all purposes except as
herein restricted, subject, however, to the rights granted herein to Grantees. Grantor shall
build no buildings within the Easement. Grantor, without limitation, reserves the right to
do any of the following: (a) grant public or private rights-of-way; (b) convey other public
or private utility easements that do not unreasonably interfere with Grantee's permitted
use; (c) install and maintain landscaping and associated irrigation; (d) install and maintain
fencing; (e) pave over the facilities with parking lots, entranceways, roads, and sidewalks
using either concrete or asphalt materials, and (f) make any other use of the Easement
Area that does not unreasonably interfere with Grantees' permitted use.
9. Provided however, if GRANTEE shall discontinue or abandon, for a period of five (5)
years, the use of the natural gas line facilities within the Easement Area, then this
Easement shall terminate and be of no further force and effect.
10. After construction is completed regarding such natural gas line, no work shall be
performed by GRANTEE within the Easement Area unless permission to perform said
maintenance work is given by GRANTOR. Except in the case of a maintenance
emergency where such work may be initiated with reasonable notice (it being understood
and agreed that, in some case, the circumstances of emergency may not permit notice to
be given prior to commencement of the repair work). GRANTEE shall provide
GRANTOR with at least fifteen (15) days prior written notice before commencement of
any work within the Easement Area (such notice of request to enter Easement Area will
need to be mailed to: City of Denton, Attention City Engineer, 215 E. McKinney,
Denton, Texas 76201, Attn: Frank Payne).
11. GRANTEE shall and does hereby agree to indemnify, hold harmless and defend
GRANTOR from any and all damages or injury of any kind whatsoever by reason of
injury to property or third person occasioned by its use of the Easement Tract or act of
omission, neglect or wrongdoing of GRANTEE, his officers, agents, employees, invitees
or other persons, with regard to the Facilities and maintenance of such improvements;
and the GRANTEE shall, at his own cost and expense, defend and protect GRANTOR
against any and all such claims and demands.
12. GRANTEE shall diligently repair any damage to improvements on the Easement Tract or
surrounding property and shall completely restore the surface of the Easement Tract and
surrounding real property from damage resulting from GRANTEE's use of the Easement
Tract.
13. GRANTEE shall also maintain at all times and shall provide to GRANTOR proof of
General Liability Insurance in the amount of $1,000,000 to include coverage for
premises/operations, products/completed operations, independent contractors and
contractual liability; Automobile Liability Insurance in the amount of $500,000 to include
coverage for all Autos or for Owned/Leased Autos, Non-Owned Autos, and Hired Cars;
and Environmental Impairment Liability in the amount of $1,000,000. All policies shall
name the City of Denton, Texas as an Additional Insured, to the extent lawfully possible.
14. GRANTEE may assign this Easement, upon notifying GRANTOR in advance, and shall
remain liable for the required insurance coverage set forth in Paragraph 13 above, until
the ASSIGNEE has substituted all the required insurance coverage that is set forth in
Paragraph 13 above.
15. The Easement is conveyed and accepted subject to all encumbrances, covenants,
easements and other matters recorded in the Real Property Records of Denton County,
Texas.
16. It is agreed that this grant covers all the agreements between the parties and that no
representation or statements, verbal or written, have been made modifying, adding to, or
changing the terms of this Agreement.
The rights and obligations set forth in this Easement shall bind and inure to the benefit of the
successors and assigns of GRANTOR and GRANTEES and shall run with the land, so as to
benefit and burden the future owners of any direct or indirect interest in the real property
encumbered by this Easement.
TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the right and
easement herein granted shall be used by, or useful to, GRANTEE for the purpose herein
granted, with restricted ingress to and egress from the premises for the purpose of constructing,
inspecting, operating, maintaining, repairing, altering, replacing, changing the size of and
removing the property of GRANTEE herein described.
In TESTIMONY WHEREOF, the Parties herein have executed this Agreement this the
LO /fc~ day of , 2008.
GRANTOR
City of Denton, Texas
A Texas Municipal Corporation /A
By:
George C. Campbell
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: IV A,- L
T" -0
APPROVED AS TO LEGAL FORM
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
By:
v 0
APPROVED AND AGREED:
GRANTEE
ENTERPRISE TEXAS PIPELINE LLC,
A Texas Limited Liability Company
P. O. Box 4735, Houston, Texas 77210-4753
By
Title:..
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
I certify that I know or have satisfactory evidence that George C. Campbell is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the City Manager of the
City of Denton, Texas, a municipal corporation of the State of Texas, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and seal of office this a~ day of 0016,all-, 2008
`•'O"=
JENNIFER K. WAITERS
Notary Public, State of TexBe
My Commission Expires
Docembor 19, 2010
STATE OF TEXAS
COUNTY OF DENTON
No ~Publi 1/ f- ~
Printed Name fi I/
My commission expires: 1'2Zb 47 / An
ACKNOWLEDGEMENT
Before me, the undersigned authority, on this day personally appeared
~c u eL i~ rvW~ the Aljtzrf W 9 - /,q - be-1- of Enterprise Texas
Pipeline LLC, a Texas limited liability company, known to me to be the person and official
whose name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and seal of office this % day of ~Ttt~j ct S i )2008.
RONALD S. MILLS
Notery Public. State of Texas
My Commission Expires
sevembor 14, 2011
ig
Notary P is
ponct(--'D M I L L
S
Printed Name
My commission expires: I4 - (?6
AFTER RECORDING RETURN TO:
City of Denton, Texas
Real Estate and Capital Support
601 East Hickory Street, Suite B
Denton, Texas 76201
ENTERPRISE TEXAS PIPELINE LLC
DENTON COUNTY, TEXAS
UEI JOB NO. 9848.000
CITY OF DENTON
TRACT NO. TX-DE-0058.00000
EXHIBIT A
DESCRIPTION OF A FIFTY (50) FEET WIDE
PERMANENT EASEMENT AND RIGHT OF WAY
UPON THE PROPERTY OF
CITY OF DENTON
DENTON COUNTY, TEXAS
DESCRIPTION OF A FIFTY (50) FEET WIDE PERMANENT EASEMENT AND
RIGHT OF WAY SITUATED IN THE T. & P. RR. CO. SURVEY, ABSTRACT NO.
1301 AND THE W. L. DUNNING SURVEY, ABSTRACT NO. 1568, DENTON
COUNTY, TEXAS, AND BEING UPON, OVER, THROUGH AND ACROSS A
PORTION OF THAT CERTAIN CALLED 2.9150 ACRES TRACT OF LAND
DESCRIBED IN AND CONVEYED TO CITY OF DENTON, BY INSTRUMENT
RECORDED IN COUNTY CLERKS FILE NUMBER (C.C.F.NO.) 2007-29967, OF
THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T.),
(REFERRED HEREINAFTER TO AS THE "ABOVE REFERENCED TRACT OF
LAND"), SAID FIFTY (50) FEET WIDE PERMANENT EASEMENT AND RIGHT
OF WAY BEING SITUATED THIRTY-FIVE (35) FEET WEST AND FIFTEEN (15)
FEET EAST OF THE HEREIN DESCRIBED BASELINE, SAID BASELINE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: WITH ALL BEARINGS
HEREIN BEING BASED UPON THE TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE, NAD 83 AS DERIVED FROM A GLOBAL
POSITIONING SYSTEM (GPS) SURVEY PERFORMED BY UNIVERSAL ENSCO,
INC. IN MARCH 2007;
COMMENCING at a %2 inch iron rod found marking the northeast corner of the above
referenced tract of land;
THENCE South 84° 39' 53" West, across a portion of the above referenced tract of land,
a distance of 380.2 feet to a point in the western most south line of the above referenced
tract of land, same being a common line with the remainder of a called 2426.81 acres
tract of land, described in and conveyed to Robson Denton Development, LP by
instrument recorded in Volume 4373, Page 216 of the R.P.R.D.C.T., said point being the
POINT OF BEGINNING of the herein described baseline;
ENTERPRISE TEXAS PIPELINE LLC
DENTON COUNTY, TEXAS
UEI JOB NO. 9848.000
CITY OF DENTON
TRACT NO. TX-DE-0058.00000
THENCE North 00° 21' 14" West, across a portion of the above referenced tract of land,
a distance of 35.0 feet to a point in a common line of said 2426.81 acres tract of land,
being the north line of the above referenced tract of land, said point being the POINT OF
TERMINATION of the herein described baseline, from which the said 1/2 inch iron rod
found, bears North 89° 56' 49" East, a distance of 378.8 feet, said baseline having a
length of 35.0 feet, said Permanent Easement and Right of Way containing 0.04 acre of
land, more or less.
For reference and further information see Dwg. No. TX-DE-0058.00000, prepared by
Universal Ensco, Inc., same date.
If this des
original.=!accompanying plat are not sealed with the raised embossing seal of
the R.P.L.
z tyre appears below, it should be considered as a copy and not the
Gary Greer
Registered Professional Land Surveyor
Texas Registration No. 4948
REVA
Date
EXHIBIT "B"
LEGEND
PROP.
EXIST.
PG.
FND.
VOL
I.R.
le
NAD
GPS
TSPCS
P.E.R.W.
C.C.F.NO.
R.P.R.D.C.T.
DENTON COUNTY, TEXAS
PROPOSED T. & P. RR. CO. SURVEY, ABSTRACT NO. 1301
PAGE W. L. DUNNING SURVEY, ABSTRACT NO. 1568
FOUND
VOLUME
IRON ROD
PROPERTY LINE
NORTH AMERICAN DATUM
GLOBAL POSITIONING SYSTEM
TEXAS STATE PLANE COORDINATES SYSTEM
PERMANENT EASEMENT & RIGHT OF WAY
COUNTY CLERKS FILE NUMBER
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS
e- x
35' 15'
BASELINE-,
PROP. 50'
P.E.R.W.
It - X
DETAIL "A"
NOTES: N.T.S.
(TRACT NO. TX-DE-0059.00000
ROBSON DENTION DEVELOPMENT, LP
THE REMAINDER OF A CALLED 2426.81 ACRES
VOL 4373, PG. 216
R.P.R.D.C.T.
N
0 50' 100'
1 I 1
SCALE: 1"=100'
. rUIIV I Ur SEE DETAIL "A"
TERMINATION POINT OF
COMMENCING
@x N89'S6'49-E-378. FND. 1/2" I.R.
e L'i SELINE
21'14"W-35.0' - - - -
S84'39'53"W-380.2'
POINT OF i
BEGINNING
TRACT NO. TX-DE-0057.00000 a+
ROBSON DENTION DEVELOPMENT, LP
THE REMAINDER OF A X
CALLED 2426.81 ACRES
THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN VOL 4373, PG. 216
HEREON, IS BASED UPON A LIMITED TITLE R.P.R.D.C.T. TRACT NO. TX-DE-0058.00000
x
CERTIFICATE (L.T.C.), PREPARED FOR TRACT NO. ar
TX-DE-0058.00000, DATED 09/27/07, AND
PREPARED BY REPRESENTATIVES OF ENTERPRISE TEXAS
PIPELINE LLC, NO OTHER RESEARCH WAS PERFORMED
BY THE UNDERSIGNED SURVEYOR. THE L.T.C. REFERENCED
ABOVE, LISTS ONLY THOSE EASEMENTS OF RECORD THAT
WERE EXECUTED DURING THE TIME OF THE LIMITED
SEARCH PERIOD (25 YEARS), WHICH ARE NOT SHOWN
HEREON.
2. ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE
GRID, BASED UPON THE TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE, U.S. SURVEY FEET
NAD 83, AS DERIVED FROM A GPS SURVEY,
PERFORMED BY UNIVERSAL ENSCO, INC., MARCH 2007.
3. SEE SHEET 2 AND 3 OF 3 FOR DESCRIPTION.
CITY OF DENTON I
CALLED 2.9150 ACRES
C.C.F.NO. 2007-29967
x R.P.R.D.C.T.
x
~ I
T. & P. RR. CO. SURVEY, A-1301
W.L DUNNING SURVEY, A-1568
X
IF THIS PLAT AND THE ACCOMPANYING DESCRIPTION ARE
NOT SEALED WITH THE RAISED 'EMBOSSING SEAL OF THE x
SURVEYOR WHOSE NAME APPEARS BELOW, IT SHOULD BE I
CONSIDERED AS A COPY AND NOT. THE ORIGINAL
I, GARY GREER DO HEREaY CEP.TIFY THAT THIS SURVEY
WAS MADE ON THE GROUND- UNDER MY DIRECTION FND. 1/2" I.R: FND. 1/2" I.R.
AND THAT THIS PLOT CORR.F,CTLY.REPRESENTS THE e- x e- X
FACTS FOUND AT THE' ME OF THE SU VEY.
CITY OF DENTON
Gory Greer Dats~ v/ y8 TOTAL DISTANCE ACROSS PROPERTY: 35.0'
Registered Professional Land Surveyor
Texas Registration No. 4948 AREA OF PERMANENT EASEMENT: 0.04 ACRE
DRAWN UEI
DATE 11/19/07
CHECKED PGN
DATE 11/20/07
APP'D ' GHG
DATE 11/20/07
E Enterprise Texas Pipeline LLC
SCALE
1"=100'
SHEET 1 OF 3
REV#
DATE
DESC.
1
6/27/08
REMOVED T.W.S.
® 4848 LOOP CENTRAL DR.
UNIVER8AL SUITE 100
JOB NO. 9848.000
® HOUSTON, TX 77081
CLIENT:
Enterrxtse Texas Pipeltne LLC
PH. 713-977-7770
EASEMENT PLAT
PERMANENT EASEMENT & RIGHT OF WAY
CROSSING PROPERTY OF
CITY OF DENTON
TRACT NO. TX-DE-0058.00000
DRAWING NO. REV.
TX-DE-0058.00000 1