2006-022
ORDINANCE NO. 200& -022
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND RAYZOR INVESTMENTS, LTD. FOR THE ABANDONMENT OF A CERTAIN
PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 504, PAGE 456 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING IN THE ASA
HICKMAN SURVEY, ABSTRACT NO. 521; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The Easement Abandonment Agreement between the City of Denton and
the Rayzor Investments, Ltd. in substantially the form of the agreement attached hereto and made
part of the ordinance for all purposes (the "Agreement") is hereby approved.
SECTION 2. The City Manager or his designee is hereby authorized to execute the
Agreement and any other documents necessary to complete the abandonment on behalf of the
City.
SECTION 3. This ordinance shall be'iome effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /7i-A day of ~~, 2006.
c~tkcL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
t~
APPR ED AS TO LEGAL FORM:
EDWIN~Y ATTORNEY
BY:~
(" ,
() r.: (/...
,1
EASEMENT ABANDONMENT AGREEMENT
THIS AGREEMENT is entered into effective as of the date set forth below by and between the
City of Denton, Texas, a home rule municipal corporation (the "City") and, Rayzor Investments, Ltd., (the
"Landowner").
WHEREAS, the City has requested the Landowner to agree to the abandonment of a Sanitary
Sewer Easement dated November 25, 1963 and recorded in the Real Property Records of Denton County
under Volume 504, Page 456, Exhibit "Ji:' attached hereto and made a part hereof, referred to as the
"Existing Easement"; and grant the City a Sanitary Sewer Easement as described in Exhibit "B", and a
Temporary Construction Grading and Access Easement as described in Exhibit "C", attached hereto and
made a part hereof, referred to as the "Replacement Easement".
WHEREAS, the Landowner and the City agree that the Existing Easement land area and the
Replacement Easement land area are of equal value, therefore there is no consideration due to either party
for the contemplated land rights to be released by the City, or the contemplated land rights to be granted by
the Landowner;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City
and the Landowner hereby agree as follows:
1. The City shall abandon the Existing Easement upon completion of the modification of the
existing City sanitary sewer facilities and the Replacement Easement Sanitary Sewer
facilities becoming fully operational (the "Work"). The City Manager, or his designee is
authorized to execute and deliver to Landowner a Quit Claim Deed for the abandonment of
the Existing Easement upon the fulfi1lment of the above conditions.
2. Rayzor hereby agrees to grant to City the Replacement Easement and allow access to the
property so that City can perform the Wark.
3. City, at its sole cost and expense, shall perform the Work or cause the Work to be
performed as advantageously as possible in a good and workmanlike manner in
conformance with sound and acceptable engineering and construction activity practices. In
performing the Work or causing the Work to be performed, City shall at all times construct,
use, and operate the Existing Easement and the Replacement Easement activities in a safe
manner and in full compliance with all applicable federal, state, municipal, or other laws,
statutes, codes, restrictions, regulations, ordinances and orders. City agrees to be
expeditious regarding the Work and leave Landowner's property in equal or better
condition than it was prior to commencement of the Work.
4. The City Council of the City and the Landowner have duly authorized this Agreement and
the execution of same by the officers or agents who have signed below on their behalf.
In Witness c;;ereof, this Agreement has been executed by the parties to be effective this the
/7+/L ,dayof 17il/J/I"'f,2005.
CITY OF DENTON
~;;AR~{~"GER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. S R, CITY TORNEY
BY:
J-I'I(.,
~
RAYZON INVESTMENTS, LTD.
BY: WMA-<A ~
P~i; ~~~
C:\Documents and Settings\pgenglan\My Documents\rayzor Easement Abandonment Agreementdoc
Page 2
EXIllBIT "An
Page I of2
20' .SANITARY SEWER EASEMENT
IN THE
A.SA. mCKMANSlJRVEY,ABSTRACTNO. 521
. CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a tract ofland situated in theA-SA. Hickman Survey, Abstract No. 521 Denton County, Texas, and
. being a part of a tract ofland described by deed to Rayzor Investments Ltd. as recorded in Volume 1701,
Page 60 I of the Real Property Records of Denton County, Texas, and being more particularly described as
follows:
. BEGINNING at a 1/2 inch iron rod set \Vith a yellow Cap stamped n Arthur SUrveying Company" in the .
. south line of the Taylor Park Subdivision, an addition to the City of Denton as recOrded ill Volume 2, Page.
116 of the Plat Records of Denton Cminty,Texas, and being South 14 degrees 03 minutes 40 seconds West,
a distance of 32.61. feet ftom the center of an existillg sanitary sewer manhole and being Soulb 88 degrees .
38 minutes 25 seconds West, a distance of187.53 feet from a 1/2 inch iron rod found in the east line of
McCormick Street;
THENCEoverand across said RayZor Investments Ltd. tract, the following courses and distances:
Soulb 22 degrees 52minutes 57 seconds West, a distlince of318.47 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthur Surveying company" for comer; .
.' .'
. .
- . -- . . -' -. .
. .
. South 45 degrees 58 millutes i3.seciJnds West, a distance of 400.88 feet to a 1/2 inch iron rod set with a
yellow cap stilmped "Arthur Surveying Company" for comer; .
Soulb 42 degrees 50 minutes 36 seconds West, a distance of 349 .85 feet to a 1/2 inch iron rod set with a
yellow cap stainped "Arthur Surveying Company" for comer; .
South 42 degrees 32 minutes 23 seconds West, a distance of484.81 feet to a 112 inch iron rod set.with a
. . yellow cap stamped "Arthur surveying Company" for comer;
.. South 38 degrees 29 minutes 45 seconds West, a distance of26 1.68 feetto a 1/2 inch iron rod set with a
yellow cap stamped "Arthur Surveying Company" for comer; .
South 16 degrees 25 minutes 36 seconds West, a distance of363.00 feet toa 1/2 inch iron rod set with a
yellow cap stamped "Arthur Surveying Company" for comer;
South 14 degrees 04 minutes 08 seconds East, a distanceof407.76 feet to a 1/2 incb ir",; rod set with a
yellow cap stilmped "Arthur Surveying Company" for comer; . .
. .
South 06 degrees 51 minutes 20 secondsWest, a distance of 527.56 feet to a 1/2 inch ironrod set with a
. yellow cap stamped "Arthur Surveying Company"; in the north line of Rosel awn Drive said point being
. ..: North.12 degrees 33 minutes 13 seconds East, a distance of50.01 feet from the center ofan existing
sanitary sewer manhole; .
. "- '." .' ..".. . . '.
THENCE North 89 degrees 28 minutes 00 seconds West, with the north line of sllid Roselawn Drive, a
distanceof20.12 feet to a 1/2 inch iron rod set with a yellow cap. stamped "Arthur Surveying Company" for
. .
comer;
". . .':. ". "," ,".: . '.' '. . . ," ,.' "'..- .'
.' . - ',- . - . ',.-'"
.." 'fHENCEoverand across said RaYzor InvestmentS Ltd. tract, the following coi1rses and distances:
". .
". .
" .
..". - .
. .., - .
.North 06 degrees 51 minutes 20 seconds East, a distance of 526.0Sfeet to a i/2 inch ii-on n;d set with ~
yellow Capstainped "Arthur SUrveying Company" for comer; " " .
EXHIBIT "A"
Page 2 of2
. .
.. .
. .
. ,.'
.. .
North i4 degrees 04 minutes 08 seco~dsWest, a clista.:.ce of409.51.feet tOll 1/2 inch iron rod setwith a
yellow cap stamped" Arthur Surveying Company" for comer;. .
. . .'
. .
. . .- - .
. ' ....'. ". .' '., . .. '.-'
North 16 degt'ees25 mIDutes 36 seconds East, a distance of341.75 feetto a 1/2 inch iron rod set with a
yellow cap stamped "ArthurSlirveying Company'" for comer; .
North 62 degrees 45 ininutes 01 seconds West, a distance of 134.25 feet to a 1/2 inch iron rod set with a
. yellow cap stamped "Arthur Surveying Coinpany" for comer;
. North 27 degrees 14 minutes 59 seconds East, a distance of 50.00 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthur Surveying Company" for comer;
. .
. South 62 degrees 45 minutes 01 seconds East, adistance of 132.47 feet to a 1/2 inch iron rod set with a
. yellow cap stamped "Arthur Slirveying Company" for comer; .
. North 38 degrees 29 minutes 45 seconds East, a distance of245.96 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthur .Surveying Company" for comer; .
Nortb42 degrees 32 minutes 23 seconds East, a distance of48557 feet to a 1/2 inch iron rod set with a
yellow cap stainped "Arthur Surveying Company" for comer;
North 42 degrees 50 mmutes 36 seconds East, a distance of350.45 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthur Surveying Company". for comer;
. . .
North45 degrees 58 minutes 23 secondS East, a distance of397.35feetto oj Iii inch iron rod set with a
. yellow cap stamped "Arthur Surveying Company" for comer; . .
. .
. .
. .
. . . North 22 degrees 52 minutes 57 secondS East, a distance of306.50 feet to a 1/2 inch iron rod setwith a
yellow cap stamped "Arthur Surveying Company" in the south line of slIid Taylor Park Subdivision;
. .
. .
. . . . '
. . .
. South.88 degrees38 minutes 25secondS East, with the south line of said Taylor Park Subdivision, a
. distance of21.49 feet to the POINT OF BEGINNING and containing 1.580 acres of land more or less:.
..l--o
'.:
EXHIBIT nBn
-.;. .-
~.zPg.116
""""
"'"
P.o.8.-20.' Sonit(JfY Sell''' Easement
P.o.8.-Temp. Construction Easement
P.o.B.:S88"J8'25"E:,
187.5J' fR(M rjY
LRf.(c'I/.)
N22"52'57"Eo
10' $(nH"}'sitrHrCa-nmt J06.50' II
~5O(Pg.~~. '. _',:- )1
/;45'58'23"E ", '';' ,
. II.
, 20.' SANtTARY 397.35 J
SEWER EASEMENT ,I'
1.580. ACRES
N42'50.'3S"E
350..45'
R, ,', '
~orh
.' "'0/ Y?-'1?,s.t
. : . 7;>07 _ 08"1$ .
. Pn ' <I",
~. 6'0 .
N42'J2'23"E 7
485.57'
N2n4'59"~
50..0.0.'
N62'45'o.l"W
134.25',
:;
Il",
//$
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I"
IS~
f~~
f
\",
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Ih
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, N1675'36"E '
341.75'
Ni4'04'0.8"W
40.9.51' , '
",
. \~\.
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',\I
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"
"
II."
"
"
"
"
" '
\
N06"5I'2o."E
526.0.8'
DATEo 9/28/2004
CALC. BY: M.B.A.
SCALE: '-=300'
JOE NO.: 640019541
JOB NO.: 240657
REV. 12/15/05
BY: SWIM
S22"52'57"W
j,8.47'
S45"58'23"W
400.88'
S42"5o.'36"W
349.85'
, ,
jo.' TEMPo.RARY CONSTRUCTION
EASEMENT
2./45 ACRES
S3879'45"W
261.68'
SI675'J6"W
363.0.0.'
SI4'04'08"E
407.76'
NOTES: _' . '. . . '. ',-'. .
I.' All. camERS (T SAMTARY SEltm EASEMDir ARE ~
1fI1H A r/y IRCN ROO SET YtfTN mLOW CAP STAMPED
ARTHUR SlmIfl1NG CCUPANY.
. 2. (CJI.) ~ CONTRaJJNG UCWUMfNT
EXHIBIT'
SANITARY,
,.SEWER EASEMENT
and
30' Temporary
'conStruction Easement
ABA mCKJ/AN SURVEY.
ABSTRACT NO. 521
CITY OF DENTON
DENTON COUNTY, TEXAS
S0.6"51'20."W
527.56'
Exhibit C
TEMPORARY CONSTRUCTION GRADING & ACCESS EASEMENT
THE STATE OF TEXAS ~
~
COUNTY OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS:
THAT, Rayzor Investments, Ltd., hereinafter called "Grantor," for and in consideration of the
sum of One Dollar and No Cents ($1.0') and other good and valuable consideration of Grantor in hand
paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of
which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee,
the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain
property, owned by Grantor and situated in Denton County, Texas, in the A.S.A. Hickman Survey,
Abstract No. 521 Denton County, Texas, and being more particularly described and illustrated in
Exhibit "A" which is attached hereto and made a part hereof by reference as if fully set forth herein.
And it is further agreed that the City of Denton, Texas in consideration of the benefits above set
out, will remove from the property above described, such fences, buildings and other obstructions as
may now be found upon said property. For the purpose of construction, grading, and access upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along, upon and across
said premises for the purpose of construction, grading and access or any part thereof The terms of this
grant shall expire six (6) months from the execution date hereof
Prior to expiration of the easement described herein the City shall remove all debris, surplus material,
and construction equipment from Grantor's property.
TO HA VB AND TO HOLD unto the said Ci~y of Denton Texas as aforesaid for the purposes
aforesaid the premises above described.
Witness my hand this
day of December 2005.
Rayzor Investments, Ltd., a Texas
Limited partnership
By: Tbe Rayzor Company, A Texas
Corporation, its general partner
By:
Philip A. Baker, Vice President
ACKNOWLEDGEMENT
THE STATE OF TEXAS ~
~
COUNTY OF DENTON ~
This instrument was acknowledged before me on this the _ day of December, 2005 by Philip A.
Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor
Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership.
Notary Pnblic- State of Texas
Accepted this _ day of
073).
2005 for the City of Denton, Texas (Resolution No. 91-
BY:
Paul Williamson, Manager
City of Denton
Real Estate and Capital Support
RETURN TO:
City of Denton
Real Estate and Capital Support
601 East Hickory Street, Suite B
Denton, Texas 76205
/
EXHIBIT "A'~
Pagel of2
. .
. .
. .-.
. .-.' .
'. .
. BEING a tract oflandsiniatedin. the A.S.A. Hickman Survey, AbstraCtNo. 521 Denton County, Texas, and
being a part of a tract of land described by deed to Rayzor Investments Ltd. as recorded in Volume 170 I,
Page 60 I of the Real Property Records of Denton COlmty, Texas; and being more particuiarly described as
. follows: . ..
. '" .-' .
30' TEMPORARY CONSTRUCTION EASEMENT .
'. INTIIE....
A.SA mCKMAN SURVEY, ABSTRACT NO. 521
. CITY OF DENTON
DENTON COUNTY, TEXAS
. . - .
. . . .
. ',"
. -.' "
. .
. . .
BEGINNING at a 1/2 inch iron rod set with a yellow cap stamped "Artbur SurVeying Comp~y" in the . .
. south line of the Taylor Park Subdivision, an addition to the City of Den ton as recorded in Volume 2, Page' .
116 of the Plat Records of Den ton County, Texas, and being South. 14 degrees 03 minutes 40 seconds West,
. . a distarice 002.6] feet from the celite.. of an existing sanitary sewer manhole and being Sontb 88 degrees
38 minUtes 25 seconds West, a distance of 187.53 feet from a 1/2 inch iron rod found in the east line of
. McCormick Street;
. THENCE South 88 degrees 38 minutes 25 seconds East, with the south line of said Taylor Park
Subdivision, a distance of32.24 feet to a 1/2 inch iron rod set with a yelJow cap stamped "Arthur Surveying
Company" for comer;
. THENCE over and across said Rayzor Investments Ltd. tract, the folJowing courses and distances:
.' .
. .
. . .
. ....
. South 22degrees 52minut~ 57 seconds West, a distance of336.40 feet to a 1/2 inch iron rod set with a
. yelJow cap stamped "Arthur Surveying Company" for comer;
. .
. .
: . ' . .
. " .
. .
. '.' South 4.5 degrees 58 minutes 23 seconds West, a distarice of 406.19 feet toa 1/2 inch iron rod set With a
yellow cap stamped "Arthur Surveying Company" for comer; .
. .
. .
. .
. ". ' . - -, . ,
. '. South 42 degrees 50 minutes 36 seconds West, a distanreof348.95 feet to a 1/2 inchlron fod set with a
yellow cap stamped "Arthur Surveying Company" for comer; .
,. . ."
. . .
. .
, . ". . .
South 42 degrees 32 minlItes 23 seconds West, a distance of 483.67 feet to a ]/2 incbiron rod set ~th a .
yelJow cap stamped "Arthur Surveying Company" for comer; , . . .
. ,. .
. .'
'. South38 degrees 29 min~s 45 seconds West, a distance of254.78 feet to a 1/2 inch iron rod setwith a
. yellow cap stamped "Arthur Surveying Company" for coiner; . .
. ... .
. . .
. ,. . .. . '.,-. .
South 16 degrees 25 IDinirtes 36 seconds WeSt, a distance of348.98 feet toa 1/2 inchiroo rod set with a .
'. yellow cap stamped "Arthur Surveying Company" for comer;
.' .
. . .
. .
- ..
South 14 degrees O4lninlItes 08 seconds East, a distance of405:12 f..tto Ii 1/2 inch iron rod set with a. .
yelJow cap stamped "Arthur Surveying Company" for corner;
. .
. .
. .
. . .
South 06 degrees 51 ininutes 20 seconds West, a dlistance of 529.77 feet to a 1/2 inch .iron rod set with a .
yelJow cap stamped "Arthur Surveying Company" in the north line of Roselawn Drive;
. ' . ,
.. .
THENCE North 89 degrees 28 minutes 00 seconds West, with the north line of said RosClawi> Drive, a
distance of 30.18 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur SurVeying Company" for
comer and being North 12 degrees 33 minutes 13 seconds East, a distance of50.01 fect from the center of
. an existing sanitary sewer manhole; . . .
,,'
,
. , -' .
. . .. ..
. .' '.":' -:- . ..' ,
TImNCE over ~d across saidRayzorfuvestrnents Ltd. tract, the fOlJowing courses and distances:'
North 06 degrees 51 IDinutes 20 seconds EaSt, a distance of 527.56 feet to a 1/2 inch iron .
rod set with a yellow cap stamped "Arthur Surveying Company" for comer;
ExHIBIT "A" " .
Page20f2.
. . .
. . .'
. .
. .
. .
. North 14.<kgrees 04 minutes 08 seconds WeSt, a distance of407.76 feet to a 1/2 inchiron rodset with a
yellow cap stamped "Arthur Surveying Company" for corner;
North 16 degrees 2Slninutes 36 seconds East, a.distailce of363.00 f~et to a 1/2 inch iron rod setwith a
.yellow cap stamped "Arthur Surveying Company" for corner;
North 38 degrees 29 minutes 45 seconds East, a distance of261.68 feet to a 1/2 inch ironrod set with a
yellow cap stamped "Arthur Surveying Company" for corner;
North 42 degrees 32 minutes 23 secomls East,a distance of 484.81 feet to a 112 inch iron rOO set with a
yellow cap stamped "Arthur Surveying Company" for comer; .
North 42 degrees 50 minutes 36 seconds East, a distance of 349.85 feet toa 1/2 inch linn rod set with a
yellow cap stamped "Arthur SurVeying Company" for comer;
. '.
. , . " . .
. , '. . ..
. .
. .
.- , . .
Notth.45 degrees 58 minirtes23 seconds East, a distaDce of 400.88 feet to a l/2fuch ironro<i set With a
.',' yellow cap.tamped "Arthur Surveying Company".for comer;
-' . - . - . .
. - ..,...
. . . ,
. .
. North 22 degrees 52 minutes 57 s';"'nds:&sf; a diStance of318.47feetio the POINT OF BEGINNrnG
. and contairiing 2145. aCres of land more or less.
",.
.' . '. , '
,.; , . '.
EXHIBIT '''E''
-....
~.aP9-116
BLOCK
,,~
p.aR-20'Sonilory Sewer Easemenl
p.aR-Temp. Conslroc/ion EaSemenl'
l>
. N22752'57"fj " I~
, "
'dSm~Simrc-t J06.50 "
..504,,.,,... ~ ,;' It
,/ I~
N45758'2~"E ,!')f!!
20' SANITARY 397.35 '/.
SEMR EASEMENT ,;' / /
1.580 ACRES
N42'50'36"E
350.45'
-1'""" .
o/'"A ',.
."0/ '?Yes~
. 7">07 0e"t .
. " "h 0' <to'
~. 6'0 .
N42'32'23"E '.7
485.57'
N2774'59t
50.00'
N62'45'OI"W
.134.25'
N1675'36"E
341.75' .
."
"
".
"
".
"
"
."
"
" .
"
"
"
"
,
\
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I
I'" .
1~..
;;~
I~
DATE: 9/26/2004,
CALC. BY: M.B.A.
SCALE: 1-.,,300'
JDE NO.: 640019541
JOB NO.: 240657
REV. 12/15/05
BY: SWIM
S45758'23"W
400.88'
S42750'36"W
349.85"
30' TEMPORARYi;ONSTRUC71(JN.
EASEMENT
2.145 ACRES'
S3879'45"W.
261.68'"
SI675'J6"W
363.00'
SI4'04'08"E .-
407.76'
, .
" -' . ,,' '- '. .",,'
.NOTES:,.... .' ,_: ',:', :,:"'"
1. ALL CCWERS OF SANITARY ~ EASDIO/T ARE I/fiNuMdnw
. Hf1H A 1/2>> IRON lUX) SET IK7H rru.ow CAP STAJIPfD
. ARTHUR SVRVFt1NG COMPANY. .
2. (Col/.;" ~ ctJN1RCWNG ,1tIaVutJEm
...EXHIBIT. .
. '. SANITARY.'. '. "
SEWER EASEMENT: '. . .
and"
..... ..30'TeIilpoTary . .....
. Construction Easement
ASAmCKJIAN SURVEY,
AB8TRA.CT NO. 521
CITY OF DENTON
DENTON COUNTY, TEXAS
S06751'20"W
527.56'
I,'.:;....
50'1 ,.,.156
EXHIBIT
A.
PAGE 1 OF. 3
STArt O? ~s
CO:~~~ OF D~~~~~
KNOvI ALL ME~ BY THESE PRE5E~ITS:
~ 1 ?~,~
~~T T, J. N~~ton Rayzor of Denton County, Texa5, for and
in cGn;id~rfttjon of 0n0 doll~r (51.0n: ~nd 0t~1~r c0ngld~r"tior't
to us i:-: hand p2;id by the City of D~~nton, Texas, a municipal
co~poration. the rec~ipt 0: '~hic"h is hereby acknowledged, rJo by
th~~e presents grant and convey unto the said City of Dc~ton,
'its succesS"ors and assisns, a Sanitary Sewerage Ei'lseT;lent under,
:r:- find c'.'e:r th<:> f .:j..':JWi.hg aeS"-.:ribed tract.of hnd:
3EGIz..."'NING at a point ir. <l: 113.015 ~cre tnlct
of ,land ot:.t of the AS2- Hickman Survey, l'.bstract
No. 521, as conveye::!" to J, Ne~~.toci ":''1':::--.;1: by Dickson
P.lopl!;rti@~ .ind r~eor(!~tl 11~ ~'olUln'_' __;'-. pt1tj/::c
501 of the Deed Records of' Denton COunty,
Tcxa:;;
s~ it'! D~ginni.nq p'J..'1t b.;-5.neJ j,n North p.ropsrty
J.iw_' ,;: said Rayzor 113.015 'acre tract, also
beinq 1.,784.3 'feet West of' the Northeast corner
I)~ th~ ^r,/t\ llicr;rr,:q\ ~:\J"(,v/;'y!
TIfENCE South,-3]o28'< West a distance ;bf 809.2.,
feet to.a poin"'7 foi,. COril€r;
~NCE so"uth-::40018',.: West, crossing out: sa-id
Rayzor 113.01S,acre...tract into Rayz'e>r 126.628. ..'.
acre tract of-'land _conveyed to _ J.., NeW:,ton: Rayzor'"
RY RQb~!"t;: F'~rv!n~. -;r~Y}Q~ "'~ :r:~<;:r;org~Q:'j._n,,'v~l\Jmtl"
4e2, paae,.jj4,_ 6( th:e-'Deed. Recoi'ds',::of)':[)e~to~!"
County, '~Texas" at:-~990.5 ieet'.and l1avlng::a ,:,,'
total diElt,.:H'H,"e'of ljOU',1 f9~t !"',,, t'9ihl;;,'(;~.t
corner at easement No.2. ".
THENCE. South 12?lS' East a distanC2 o'f 382.5
feet to a-poiilt for corner~
THENCE South 7056' East a distance of 971.2
feet ~o a point for' corner in the South pro-
t:'<>rty line of oa:l.d Pa.yzor J.2G.tJ?8 iH:ru tract
a~d the north R.O.W. line of RosQlu'~n Road;
~J~CE East with saic co~o~ proper.ty line and
roadway a cis~ance of 10.18 feet to a point for
corner~
Exhibit B
SANITARY SEWER EASEMENT
THE STATE OF TEXAS ~
~
COUNTY OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS:
THAT, Rayzor Investments, Ltd., hereinafter called "Grantor," for and in consideration of the
sum of One Dollar and No Cents ($1 no) and other good and valuable consideration to Grantor in hand
paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of
which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee,
the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain
property, owned by Grantor and situated in Denton County, Texas, in the AS.A Hickman Survey,
Abstract No. 521, Denton County, Texas, and being more particularly described in Exhibit "A" and
illustrated in Exhibit "B" both of which are attached hereto and made a part hereof by reference as if
fully set forth herein (the "Easement Property").
And it is further agreed that Grantee, in consideration of the benefits above set out, will have
the right to remove from the Easement Property, such fences, buildings and other obstructions as may
be upon said Easement Property now or in the future; but only to the extent necessary to complete the
construction of the below descnbed Sanitary Sewer Facilities and maintain same thereafter; provided,
however Grantee will take reasonable efforts as are necessary to minimize interference with and
removal of any of such items.
The easement rights granted here in are for the purpose of. constructing, reconstructing,
installing, repairing, and perpetually maintaining Sanitary Sewer Facilities in, along, upon and across
said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents,
employees, workmen and representatives to have ingress, egress, and regress in, along, upon and
across said Easement Property for the purpose of making additions to, improvements on and repairs to
said Sanitary Sewer Facilities or any part thereof Grantor's overall property of which the Easement
Property is a portion is referred to herein as the "Grantor's Property".
Grantor shall have no obligation to construct or maintain the Sanitary Sewer Facilities but
reserves the right to, at Grantor's request and subject to applicable requirements and fees ofthe City of
Denton, connect Grantor's present or future facilities and/or improvements located on Grantor's
Property into the Sanitary Sewer Facilities so that Sanitary Sewer service to any development on
Grantor's Property will be supplied by the Sanitary Sewer Facilities. Grantor hereby further reserves
to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and
enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does
not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the
right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS
BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use
the Easement Property for the location, construction, reconstruction, relocation and operation of such
pipelines, transmission lines, drainage lines and other facilities necessary or desired for the conduct of
Grantor's development of the Grantor's Property so long as Grantor's use of such groundspace does
not unreasonably interfere with the rights herein granted to Grantee, and (ii) construct or place fences,
pavement and landscaping on or adjacent to the Easement Property so long as same does not
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unreasonably interfere with the rights herein granted to Grantee, and specifically including the right to
place paved driveways and access areas over the Easement Property.
The grant of easement rights hereunder is made subject to any of the following as they relate to
the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other
encumbrances of whatsoever nature, except for liens and (ii) all zoning laws, regulations and
ordinances of municipal and other governrnental authorities. The easement for the Easement Property
as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in
consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW.
TO HA VB AND TO HOLD unto the said City of Denton Texas as aforesaid for the purposes
aforesaid the premises above described.
Witness my hand this _ day of December, 2005.
Rayzor Investments, Ltd.,
a Texas Limited partnership
By: The Rayzor Company, A Texas
Corporation, its general partner
By:
. Philip A. Baker, Vice President
ACKNOWLEDGEMENT
THE STATE OF TEXAS ~
~
COUNTY OF DENTON ~
This instrument was acknowledged before me on this the day of December, 2005 by Philip
A Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor
Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership.
Notary Pnblic- State of Texas
Accepted this
073).
day of
200S for the City of Denton, Texas (Resolution No. 91-
BY:
Paul Williamson, Manager
City of Denton
Real Estate and Capital Support
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RETURN TO:
City of Denton
Real Estate and Capital Support
601 East Hickory Street, Suite B
Denton, Texas 76205
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