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2006-026 ." , C:\DOCUME-I\cadick\LOCALS-l\Temp\NGG Surface Site Easement Ordinance.doc ORDINANCE NO. 2()Ob-02C, AN ORDINANCE APPROVING A SURFACE SITE EASEMENT AGREEMENT GRANTING SUCH EASEMENT TO NGG GATHERING COMPANY, LLC, WHICH EASEMENT IS LOCATED IN AN APPROXIMATE 245 ACRE TRACT OF LAND OWNED BY THE CITY OF DENTON AND LOCATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1330; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, NGG Gathering Company, LLC ("Grantee") has requested that the City enter into a Surface Site Easement Agreement, a copy of which is attached hereto and made a part hereofby reference (the "Easement Agreement"), and WHEREAS, the City Council finds that the Easement Agreement is in the public interest and the consideration being paid by Grantee constitutes fair market value for the Easement Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are true and correct and are incorporated herein by reference. SECTION 2. The Easement Agreement is hereby approved. The Interim City Manager or his designee is hereby authorized to execute the Easement Agreement on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /1/1i day of 9tl1VLr2IJA{' , 2006. ~~cL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTE~S\ITY SECRETARY B~'>l.\L-- Wl\kh , A ~ APPRO ED A~ro FORM: EDWIN M. S , CITY :rTORNEY BY: '. SURFACE SITE EASEMENT AGREEMENT THE STATE OF TEXAS, COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: This Surface Site Easement Agreement (this Agreement") is entered into between the City of Denton, Texas, a home rule municipal corporation of Denton County, Texas ("GRANTOR") and NGG Gathering Company, LLC ("GRANTEE"). For and in consideration of Eighty Four Thousand Nine Hundred Ninety Six Dollars and No Cents ($84,996.00) 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 tenns of this Agreement, GRANTOR hereby grants to GRANTEE an easement (the "Easement" or "Easement Property") over, under and across two tracts of land, the frrst described in Exhibit "A", and ilIustrated in Exhibit "B", and the second described in Exhibit "c" and illustrated in Exhibit "D" all of which are attached hereto and made a part hereof by reference. This grant is made subject to all matters of record affecting the Easement Tracts. 2. The Easement shall only be used for the purpose of and the right to, construct, install, erect, inspect, operate, replace, change or remove, maintain or connect any necessary fixtures, equipment and appurtenances above and below ground, (the "Facilities") used in connection with GRANTEE's business of the transportation and storage of oil, condensate, gas, water, or other material or substances which can be transported, and including, construction by GRANTEE of a fence to enclose the same, or any part of the Easement Property. 3. GRANTEE shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the right herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands to and from said right-of- way and easement and the right from time to time to cut, undergrowth and other obstructions on the Easement Tract, that may injure, endanger or interfere with the use of said facilities. GRANTEE shall also have the ability to remove any trees in the Easement Property and surrounding areas with the written approval of GRANTOR. The GRANTEE shall have the right to assign this grant in whole or in part with the written consent of GRANTOR, which consent shall not be unreasonably withheld. Page I 4. This easement is granted upon the conditions that GRANTEE's Facilities to be constructed shaH be maintained and operated by GRANTEE at no expense to GRANTOR and GRANTOR shaH not be responsible for any costs of construction, reconstruction, operation, maintenance, relocation, adjustment, or removal of GRANTEE's Facilities. 5. GRANTEE shaH and does hereby agree to indemnify and hold harmless GRANTOR from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the Easement Property 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. 6. GRANTEE shaH diligently repair any damage to improvements on the Easement Property or surrounding property and shaH restore the surface of the Easement Property and surrounding property from damage resulting from GRANTEE's use of the Easement Property. 7. GRANTEE shaH, at its own cost and expense comply with all applicable laws, including but not limited to exiting zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shaH 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 8. 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 ofthis Agreement. TO HA VB AND TO HOLD unto GRANTEE, its successors and assigns, so long as the right and easement herein granted, or anyone of them shaH be used by, or useful to, GRANTEE for the purpose herein granted, with 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 Facilities of GRANTEE herein described. In TESTIMONY WHEREOF, the Parties herein have executed this Agreement this 1m day of January 2006. Page 2 GRANTOR: CITY OF DENTON By: Howard Martin, Interim City Manager Approved ass to form: Edwin Sny~r, Gi~ Attorney Denton, Te s ACCEPTED AND AGREED: NGG A RING COMPANY, LLC By: l Name• 17n~cJ ~o-tncr Title: A ' T ~ ~ ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DENTON § Howazd Martin, Interim City Manager of the City of on, Texas, on behalf of such municipality, aclmowledged this instrument before me on, / 2006. I~~tary Public in and for the State of Texas ~':.. ;+,, JANE E. RICNAROSON _J~ ' Notary Publlc. Stns of Taxes ~~~'~e,~ My Commission Expires My Commission Expires: ~~/~?~D~ '~;ftp~~*e .June 27, zoo9 Page 3 'iJ THE STATE OF TEXAS § COUNTY OF DENTON § 11R~VID C'Orl~'E`~- ,the AT78K~E/ Iv l~~~ ofNGG Gathering Company, LLC, on .behalf. of such limited liability ;company, aclrnowledged this instrument before me on, ~1~6~P1/,l+~ / 2QQ6. a'~lto'ys C. MEDFERDOWEN JR. for a State of Texas ` Notary wmta state of Texas $,~c nny MW IaNon Expires r'i~ 04,2009 My Commission Expires: AFTER RECORDING RETURN TO: City of Denton Real Estate and Capital Support 601 East Hickory Street Suite B Denton, Texas 76201 Page 4 EXHIBIT "A" Coleman & Assoc. Land Surveying P.O. Box 686 Denton, Texas 76202 Phone (940)565-8215 Fax (940)565-9800 CITY OF DENTON 4.378 ACRE TRACT FIELD NOTES to all that certain tract ofland situated in the G. Walker Survey Abstract Number 1330, Denton County, Texas and being a part of the called 245.00 acre tract described in the deed from Ann C. Stark and Robert W. Callahan to the City of Denton recorded under Clerk's File Number 97-R0019639 of the said Real Property Records, the subject tract being more particularly described as follows; BEGINNING at a 1/2inch iron rod with a yellow plastic cap stamped "COLEMAN R.P.L.S. 4001" set (herein after referred to as IRS) on the North line of the Atrnos Substation Site North 88 Degrees 33 Minutes 48 Seconds West a distance of l5Q.0 feet from a TXU Survey Marker found at the Northeast corner thereof and an angle point in the East line of the 245.00 acre tract THENCE North 88 Degrees 33 Minutes 48 Seconds West along a fence on the North line of the said Atrnos Substation a distance of 449.5 feet to a TXU Survey Marker found at the Northwest corner thereof; THENCE South 01 Degrees 31 Minutes 10 Seconds West with the West line of the Atrnos Substation a distance of 306.4 feet to a Y:z inch iron rod set with a yellow plastic cap stamped "COLEMAN P.R.L.S. 4001" (herein after referred to as IRS); THENCE North 88 Degrees 29 Minutes 03 Seconds West a distance of 474.8 feet to an IRS; THENCE North 01 Degrees 31 Minutes 07 Seconds East a distance of 400.0 feet to an IRS in a wire fence for the Northwest corner of the herein described tract; THENCE South 81 Degrees 46 Minutes 53 Seconds East along the wire fence a distance of 209.8 feet to an IRS at an angle point therein; THENCE South 59 Degrees 52 Seconds 45 Seconds East a distance of233.3 feet to an IRS at an angle point; THENCE North OJ Degrees 31 Minutes 10 Seconds East departing the said fence a distance of92.6 feet to an IRS; THENCE South 88 Degrees 33 Minutes 48 Seconds East, 50 feet North of and parallel with the North line of the Atrnos Substation a distance of 51 1.0 feet to an IRS; THENCE South 01 Degrees 27 Minutes 10 Seconds West a distance of50.0 feet to the PLACE OF BEGINNING and enclosing 4.378 acres ofland. Revised 12-29-05 , , / / / / / / / / I I I ''r ' o ~I I 1> 1> ' '\ 0' CALUD 57.894 ACRES ANN C. STARK TO ROBERT W. CAWHAH C.F.N. DO-R0038780 ~'( \l.~ SU ~... . . X. I-X ~ 'i-~ \.. ~x' .. ---- X .. "! ~l;! ~ o ; ~~ d '\. 5l~g~~ o i:: lil! 30: ~ ~;;! ~Z o :J: 0"': .. ~ 2u , ~. 88'33'48. E 511.0' " '0 .. ci I 0 "'" .., . ..... p ~ ", , ~ 0 z <fi' . ...\'" 88'.33'48. W. .... ,~9.5' 'I) P.O.B. II II II II II II II II II 'I ATMOS SUBSTATION SITE II II II II II II )1 / ) / ~ .. ~~ \ ...\'" ~i}<:; ~ 4.387 ACRES ~I . o. ~"'" ';..ui ",0 :-", o n w .. Vl N 88'29'03. W 474.8' <fi'~ . ...\'" ,+o'+-' ~ ~-I> CAI..l..ED :US.OO ACRES ANN C. STARK a: ROBERT W. CAWHAN TO CITY OF DENTON C.F.N. 97-R0019639 .. \ .0 " /; LEGEND NUMBER DIRECTION L1 S 81'46'53" E L2 S 59'52'45" E L3 N 01'31'10"E DISTANCE 209.8' 233.3' 92.6' CM ................................. CONTROLLING t.lONUMENT FCP ..................................... FENCE CORNER POST IRF ............................................ IRON ROD FOUND IRS ................................................. IRON ROD SET N " ~ ii) ." ~ 1 t PROPERTY UNE * BEARINGS & DISTANCES BASED ON: * TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE (4202) BASED ON GPS TIES TO GEODETIC CONTROL CONVERGENCE = 00'40'48.87' COM81NED SCALE FACTOR = 0.999840706 TO GET SURFACE DISTANCES MULTIPLY BY: 1.00015932 ~ ~ 8 ~ ~o o 25 1 Jo $ I I 8 , . E .s EXHIBIT "B" 4.387 ACRE TRACT IN THE G. WALKER SURVERY A CITY OF" DENTON DENTON COUNTY, TEXAS DRAWN: CF JOB ,: 1151 CHECKED: WMC DATE: B-l-05 REVI5ED:12-29-05 SCALE: 1" = 400' ~ i Coleman & Associates Land Surveying P. O. BOX 6B6 DENTON, TEXAS 76202 PH(94O)565-B215,FAX (94O)565-9Boo, WWW.COLEt.lANSURVEYlNG.COhl iC) 2008 COWlAN II: ASSOC. SURVEYING ~ ... ~ j N EXHIBIT "c" Coleman & Assoc. Land Surveying P.O. Box 686 Denton, Texas 76202 Phone (940)565-8215 Fax (940)565-9800 CITY OF DENTON 0.344 OF AN ACRE TRACT GAS EASEMENT FIELD NOTES to all that certain tract of land situated in the G. Walker Survey Abstract Number 1330, Denton County, Texas and being a part of the called 245.00 acre tract described in the deed from Ann C. Stark and Robert W. Callahan to the City of Denton recorded under Clerk's File Number 97-R0019639 of the said Real Property Records, the subject tract being more particularly described as follows; BEGINNING at the Northeast comer of the tract being described herein, at a Y, inch iron rod set with a yellow plastic cap stamped "COLEMAN R.P .L.S. 4001" (herein after called IRS on the East line of the said 245.00 acre tract North 01 Degre~s 27 Minutes 10 Seconds East a distance of 142.6 feet to an iron rod found at the East Northeast comer of the 245.00 acre tract and the Southeast comer of tract called 57.894 acre tract described in the deed from Ann C. Stark to Robert W. Callahan recorded under Clerk's File Number 00-R0038760 of the said Real Property Records; THENCE South 01 Degrees 27 Minutes 10 Seconds West a distance of 100.0 feet to a TXU Survey Marker found at the Northeast comer of the Atmos Substation site; THENCE North 88 Degrees 33 Minutes 48 Seconds West along a fence with the North line of the said Atmos Substation a distance of 150.0 feet to an IRS for Southwest comer of herein described tract; THENCE North 01 Degrees 27 Minutes 10 Seconds East a distance of 100.0 feet to an IRS; THENCE South 88 Degrees 33 Minutes 48 Seco s ~st a distance of 150.0 feet to the PLACE OF BEGINNING and enclosing 0.344 0 an a e ofland. Revised 12-29-05 ~~ ,,'I- ~ ~ G. T ~. 4I>J' ..... TRACT 2 4.387 ACRES CAllED 57.814 ACRES ANN C. STARK .~~i:=:: I I I =r--l< x.O 'x' '--~ "!l "!l " I ~I ... \ 1 ~\"c.~~ ~ """" """" """"- I ,..... .... ~i ~" SU " . . o " ;... !" o z T ~. 4I>J' S 88'33'48" E 150.0' " '\f~ o o o 0.344 OF AN ACRE " " ~ . o ~ . o .... N . b ~ d 0 '" " .... N . - " 0 z ~., . ,I'\. N 88'33'48" W 150.0' " CALLED 245.00 ACRES ANN C. STARK ~ ROBERT W. CAI.lAHAN TO . CITY or DENTON C.r,N. 97-RDD19639 EXHIBIT "D" 0.344 OF AN ACRE TRACT IN THE G. WALKER SURVERY A 1330 CITY OF DENTON DENTON COUNTY, TEXAS DRAWN: CF JOB,: 1151 CHECKED: WlotC DATE: 8-1-05 REVISED:12-29-05 SCALE: ,. = 400' N " ~ ~ .. ~ 1 ~ . ~ ~ ~ t ~ . .. e '8 . . , 8 .~ 10 50 ~ 1JO ~ I ~ ~ ~ J N ATMOS SUBSTATION SITE I LEGEND Clot ................................. CONTROLLING lotONUlotENT FCP ..................................... FENCE CORNER POST IRF ............................................ IRON ROD FOUND IRS ................................................. IRON ROO SET * BEARINGS & DISTANCES BASED ON: * TEXAS COORDINATE SYSTEM OF 1983 NORTH CENTRAL ZONE (4202) , BASED ON GPS TIES TO GEODETIC CONTROL CONVERGENCE = 00'40'46.81' COMBINED SCALE FACTOR = 0.999840708 TO GET SURFACE DISTANCES MULTIPLY BY: 1.00015932 . . . - . . . - PROPERTY LINE @ GAS LINE lotARKER Coleman & Associates Land Surveying P. O. BOX 686 DENTON, TEXAS 76202 PH(94O)S65-8215,rAX (940)565-9800, WWW.COLEMAN5URVEYlNG.COM e 20041 COWIAN It ASSOC. SURVEYING Denton County t ~ - - Cynthia Mitchell ~~~~~~~~~~~~~~~~ Denton,~TX 76202 ~a zoos ooosm4~ Instrument Number: 2006.61044 As Recorded On: May 23, 2006 Easement Parties: CITY OF DENTON Billable Pages: 10 To ' Number of Pages: 10 Comment: "Examined and Charged as Follows: " Easement ~ 52.00 Total Recording: ~ 5200 •""•'""'• THIS PAGE IS PART OF THE INSTRUMENT "•""'*•""` Any provision herein which restricts Me Sale, Rental or use oT the described REAL PROPERTY _ bepuse of color or race Is invalid and unenforceable under federal law. File Information: Record and Retum To: Document Numb r: 2006-61044 Receipt Numli r. 292190 CITY OF DENTON Recorded Datem e: May 23, 2006 01:57P 601 E HICKORY ST STE B DENTON TX 76201 User / Stati n: K Kirby -Cash Station 2 COi~ + 1f3,]6 STATE OF TEXAS } NTY OF DENTON } /csrtlry tMt Mb lnaWmarit was FlLED In Na FIla NUmMrsapuanca on tna tlatslams Mnn, mro was Cuy RECORDED In Na ONIGiI Raeonfs of Denton Counry, Tem. itlull. tty Clerk on County, Texas