2007-290s:\our documents\ordinances\07\roselawn water line - condemnation ordinance - todd easements.doc
ORDINANCE NO.
AN ORDINANCE DECLARING THAT A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0.278 ACRE PERMANENT WATER EASEMENT
AND AN APPROXIMATE 0.197 ACRE TEMPORARY CONSTRUCTION EASEMENT,
BOTH LOCATED IN THE ASA HICKMAN SURVEY, ABSTRACT NO. 521 AND BOTH
BEING WITHIN A PARCEL OF LAND CONVEYED TO LEE ANNE TODD BY DEED
RECORDED AS DOCUMENT NUMBER 94-R0001091 IN THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, TO ACQUIRE THE EASEMENTS THROUGH AGREEMENT OR
EMINENT DOMAIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and the use and benefit to
accrue to the City of Denton, Texas,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That public necessity exists, public welfare and convenience require, and
the City of Denton does hereby exercise its home-rule and statutory authority to acquire by
agreement or eminent domain the following:
a. a Permanent Water Easement in the name of the City of Denton, Texas for the
construction, reconstruction, installation and maintenance of water lines, related
facilities and appurtenances in, over, on across and under that certain parcel or tract of
land containing approximately 0.278 acre as more particularly described and depicted
in Exhibit "A" attached hereto and made a part hereof by reference.
It. a Temporary Construction Easement in the name of the City of Denton, Texas for
access, construction staging, placement of materials, equipment and supplies in
conjunction with Construction Activities, for the construction and installation of a
water line provided for by the permanent water easement referenced herein, in, over,
on across and under that certain parcel or tract of land containing approximately
0.197 acre as more particularly described and depicted in Exhibit "B" attached hereto
and made a part hereof by reference, with said Temporary Construction Easement
expiring upon the completion of the Construction Activities or one (1) year from the
date the City of Denton takes possession of the Temporary Construction Easement
property, whichever occurs first.
Both of the above-referenced easements are hereinafter collectively referred to as the Easements.
SECTION 2. The City Attorney or his designee shall have the authority to do all things
necessary and appropriate to acquire the Easements through agreement or eminent domain. The
City Council delegates to the City Attorney, or his designee the details of accomplishing this
objective including but not limited to obtaining final surveys, title insurance, engineering
matters, title search, appraisals, offers, proper documentation, and filing and prosecuting eminent
domain proceedings.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 11 day of '2007.
a!~4*Cfi'el'e-
PER R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS O LEGAL FORM:
EDWIN M
BY:
Page 2
EXHIBIT W
SHEET 10F 2
LEGAL DESCRIPTION
Variable Width Waterline Easement
Lee Anne Todd Tract
0.278 Acres
Being all that certain lot, tract or parcel of land situated in the Asa Hickman Survey,
Abstract Number 521, City of Denton, Denton County, Texas, being part of that certain
called 4.321 acre tract of land described m Tract I in deed to Lee Anne Todd recorded in
Document Number 94-1091 of the Real Property Records of Denton County, Texas, and
being more particularly described us follows:
BEGINNING at a W' rebar in concrete found at the southeast corner of said Todd tract,
being the southwest comer of that certain called 1.007 acre tract of land described in deed
to Tonjia Kim Taylor Roan recorded in Document Number 01-61729 of the Real
Property Records of Denton County, Texas, and being in Roselawn Drive;
THENCE S 89054'17" W, 428.90 feet in Roselawn Drive and along the south line of
said Todd tract, to a'/" capped rebar (G & A) set at the westerly southwest comer of that
certain tract of land described in deed to the County of Denton recorded in Volume 387,
Page 565 of the Deed Records of Denton County, Texas, being the westerly southeast
comer of a tract of land described in deed to the County of Denton recorded in Volume
387, Page 560;
THENCE N 00004'42" W, 25.70 feet, along said line, to a AT capped rebar (G & A) set;
THENCE N 8943'45" E, 428.93 feet, to a X" capped rebar set on the east line of said
Todd Tract 1, and the west line of said Roan tract;
THENCE S 00°04'42" E, 30.76 feet, along said line, to the POINT OF BEGINNING
and containing approximately 0.278 acres of land.
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Control System. DRANN BY. B.S
Randy and Nancy L. Sorrells
CCr No. 06-15712
EXHIBIT "A"
SHEET 2 OF 2
for
Variable Width Waterline Easement
0278 Acres
in the
A HICKMAN SURVEY, ABSTRACT NO. 521
CITY OF DENTON
DENTON COUNTY, TEXAS
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EXHIBIT "B"
SHEET 1 OF 2
LEGAL DESCRIPTION
20' Temporary Construction Easement
Lee Anne Todd Tract
0.197 Acres
Being all that certain lot, tract or parcel of land situated in the Asa Hickman Survey,
Abstract Number 521, City of Denton, Denton County, Texas, being part of that certain
called 4.321 acre tract of land described as Tract I in deed to Lee Anne Todd recorded in
Document Number 94-1091 of the Real Property Records of Denton County, Texas, and
being more particularly described as follows:
BEGINNING at a capped rebar (G & A) set on the east line of said Todd Tract 1,
from which a rebar in concrete found at the southeast corner thereof bears
S 00°04'42" E, 30.76 feet, said point being on the west line of that certain called 1.007
acre tract of land described in deed to Tonjia Kim Taylor Roan recorded in Document
Number 01-61729 of the Real Property Records of Denton County, Texas;
THENCE S 89013'45" W, 428.93 feet, to a'6" capped rebar (G & A) set on the westerly
west line of a tract of land described in deed to the County of Denton recorded in Volume
387, Page 565 of the Deed Records of Denton County, Texas, being on the westerly east
line of a tract of land described in deed to the County of Denton recorded in Volume 387,
Page 560 of the Deed Records of Denton County, Texas;
THENCE N 00°04'42" W. 20.00 feet, along said line;
THENCE N 89°13'45' E, 428.93 feet, to a point on the east line of said Todd Tract 1 and
the west line of said Roan tract;
THENCE S 00°04'42" E, 20.00 feet, along said line, to the POBPP OF BEGINNING
and containing approximately 0.197 acres of land.
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EXHIBIT "Bm
SHEET 2 OF 2
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20' Temporary ConetWIan Eesement
0.197 Acres
in the
A. HICKMAN SURVEY, ABSTRACT NO. 521
CITY OF DENTON
DENTON COUNTI',TEXAS
G & A Consultants, Inc.
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EASEMENT PURCHASE AGREEMENT
AGREEMENT dated FV99kAAY I tA- . 2008 between Lee Anne Todd ("OWNER") and the City of
Denton, Texas ("CITY").
WITNESSETH:
WHEREAS, Lee Ann Todd is the owner of a called 4.321 acre tract of land in the Asa Hickman
Survey, Abstract Number 521, evidenced by Warranty Deed recorded under the Clerk's File Number 94-
i
R0001091 in the Real Property Records of Denton County, Texas, said tracts being affected by the public
improvement project called Roselawn Water Line Project ("PROJECT"); 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 PROJECT;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
1. At Closing, the OWNER shall grant, execute and deliver to the CITY an easement for
water line and temporary construction traversing Owner's property, more particularly described
as a Water Line Easement- tract of approximately 0.278 acre of land and a Temporary
Construction Easement tract of approximately 0.197 acre of land. All of the easement tracts
herein are collectively referenced hereinafter as the "Easements", The conveyance instrument
for the Easements being in form and substance identical to that attached hereto as
ATTACH M ENT #1;
2. At Closing, and prior to any work being performed on the Easements, the CITY shall pay
OWNER, Twenty-Two Thousand Dollars and No Cents ($22,000.01)) as payment for "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 any diminution in value to the remainder of Owner's property due to the
existence of the easement;
3. The Closing shall occur in and through the office of Sierra Title of North Texas (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 support satisfaction of all closing requirements in relation
to solicitation of release or subordination of liens and encumbrances affecting the Easements, if
necessary;
4. After closing but prior to Installing the water line, the City and/or its contractors will
1 install and construct a temporary fence along the entire length of the north boundary of the
1
temporary construction easement, leaving spaces where the driveway to the house is to allow
access, in order to identify and safeguard against the inadvertent removal of trees located
outside of the temporay easement during the waterline construction operations and sufficient
to contain any and all livestock on Grantor's property during construction of the waterline. In
addition, a connection for a fire hydrant will be installed by the City on or near the southwest
corner of the property that will allow for access to City water by Grantor. Grantor will be
responsible for paying applicable City fees and completing the necessary paper work required by
the City for such access if and when Grantor elects to set up an account to purchase City water.
5. The City will notify owner at least seventy two (72) hours prior to the start of any work
on the temporary construction easement or the permanent easement.
6. The stipulated Total Compensation amount shall be paid by the CITY at closing to the
OWNER through the Tltle Company. All other typical closing costs associated with this
transaction shall be paid specifically by the CITY, except for OW NER's attorneys fees;
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 supersedes
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
Date:L I 2008
2
ATTEST:
JENNIFER WALTERS, CITY
BY:
2008
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD , TY ATTO EY
BY: 7
Date: Z I Y 12008
OWNER
BY: v v v[~ C~
Ms. Lee Anne Todd
Date: Cl j4 /5 2008
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 COM PANY:
SIERRA TITLE OF NORTH TEXAS
Attn: Stephanie Nissen
3501 Long Prarie Road, Suite 110
Flower Mound, Texas 75022
Telephone: (972) 434-3100
Telecopy: (972) 434-3180
.I A--w
By: A-
Printed Name: «tD{4RAi IV15StA
Title: t9a) n/r t t c ~y
Contract receipt date:
4
A"mehi #
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NOTICE OF CONFIDENTIALITY RIGHTS! ~0.5Ghh~~l~
ANY OR ALL OF THE FOLLOWING
INTEREST IN REAL PROPERTY BEFORE.
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WATER LINE EASEMENT
THE STATE OF TEXAS, §
IN, YOU MAY REMOVE OR STRIKE
)TRUMENT THAT TRANSFERS AN
E PUBLIC RECORDS: YOUR SOCIAL
§ KNOW ALL MEN BYTHESE PRESENTS:
COUNTY OF DENTON §
THAT Lee Anne Todd (Grantor), whose address is 3316 Roselawn, Denton, Texas 76205, in consideration
of the payment of the sum of Twenty-Two Thousand Dollars and No Cents ($22,000.00) in hand paid by
the City of Denton, Texas (City), receipt of which Is hereby acknowledged, grants, and conveys to the
City a permanent water line easement across the real property owned by Grantor, as described and
illustrated in EXHIBIT "A", attached to and incorporated into this document by reference.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City the right to construct, install, reconstruct,
repair, relocate, operate, and maintain water lines and systems, and their collective related
facilities and appurtenances, in, on, over, under and across the permanent easement.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement, as described and illustrated in EXHIBIT "B"
attached to and incorporated into this document by reference. Upon conclusion of the initial
construction, the temporary construction easement shall terminate and the City shall remove
from Grantor's property and properly dispose of all debris, including any trees or shrubs
removed, surplus material, and construction equipment and leave the property substantially
equal in appearance to the condition existing prior to construction, except for any trees or
shrubs that have been removed.
3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement.
The City will replace or repair any sidewalk, parking lot, or driveway that exists on the easement
on the date of execution of this instrument if removed or damaged by the City during the
construction or maintenance of the water line. If the Grantor constructs or places buildings,
signs, or parking lots, driveways, private walkways, or other structures or improvements over
the permanent easement after the construction of this easement document, the City may
remove all or part of the structures, and improvements as necessary to construct, reconstruct,
5
replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any
obligation to replace or repair the structures or improvements and without any liability to
Grantor including the obligation to make further payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the
construction or maintenance of the water line, the City will remove or relocate the fence or gate
at City of Denton expense. The City will install and construct a temporary fence along the entire
length of the north boundary of the temporary construction easement, leaving spaces where
the driveway to the house is to allow access, in order to identify and safeguard against the
Inadvertent removal of trees located outside of the temporary easement during the waterline
construction operations, and sufficient to contain any and all livestock on Grantor's property
during construction of the waterline. After completion of the construction, the City shall
reinstall any fence or gates initially removed or relocated to their original locations in same or
better condition than before their removal. The Grantor may construct new fences and gates on
the permanent easement after the date of this Instrument but the fences and gates shall be
placed substantially perpendicular to the easement. Any fences placed across the easement
shall contain gates or removable panels so that the easement is readily accessible by the City s
employees and agents at all times. If the gates are to be kept locked by Grantor, the City shall
be provided the keys or other means, as applicable, so that the City may open all locks for access
without prior notice to Grantor.
5. Access. For the purpose of exercising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by
Grantor outside the permanent easement, unless additional means of access is a quantified
component of this grant or subsequently acquired. Access to the residence and other property
of Grantor shall be maintained during and after construction of the waterline.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or
hereafter located within the permanent easement without liability to the Grantor including the
obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, or
install irrigation systems and other system landscape features within the permanent easement,
but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is
necessary to construct, reconstruct, replace, repair, alter, relocate, operate its water line
facilities or otherwise exercise its rights herein without any liability to Grantor including the
obligation to make further payment to Grantor. Any area disturbed during construction shall be
seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
6
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or
other use of the permanent easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted,
subject to the restrictions contained herein.
9. Air Release Valve. The air release valve on the permanent easement shall extend no more
than eighteen (18) inches above the ground and no fencing shall be installed around the air
release valve. Such air release valve shall be the only structure on the permanent easement
remaining above ground level after completion of the waterline construction project, except for
related appurtenances (none of which shall be more than eighteen (18) inches above the
ground) as well as markers and signs Installed at existing property boundaries on the easement
for the purpose of identifying the easement and water line facilities.
10. Neither party has made any representations or promises outside the written provisions of the
easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall run with the land and shall be binding upon the
parties and their heirs, successors and assigns.
Witness my hand, this day of 2008.
By:
Lee Anne Todd
7
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTyOFDENTON §
This instrument was acknowledged before me on 2008, by Lee Anne
Todd.
Notary Public, in and for the State of Texas
My Commission Expires:
Accepted this
Texas (Resolution No. 91-103).
By:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
day of
City of Denton
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
2008, for the City of Denton,
8
EXHIBIT "A"
SHEET 1()F 2
LEGALDESCRIPTION
Variable Width Watulinc Easement
Loa Ame Todd Tract
0.278 Acres
Being all that certain Iok tram or parcel of land situated In the Asa HWunan Survey.
Abstract Number 521, Clty of Denton, Denton County, Texas, being pan of that conain
called 4,321 acts tmct of land described as Tract I In deed to Lee Anne Todd recorded in
Documem Number 94.1091 of the Reel Property Records of Denton County, Texas, and
being more particularly described as follows:
BEGINNING at a K" rebar ta eonorete, found at the southeast coma of said Todd tract,
being the southwest comer of that certain called 1.007 acre tract of land described In deed
to Torjia Kim Taylor Roan recorded in DocummtNumba 01-61729 of the Real
Property Roemds of Denton County, Texas, and being in Roselawn Drive;
THENCE 8 8905417" W, 428.90 feet in Roselawa Drive and along The south line of
said Todd tract, to a W' capped Taber (G R A) sat at the westerly southwest comer of that
certain tract of land described in deed to the County of Dotson recorded in Volume 387,
Pago 565 of the Deed Records of Denton County, Texas, being the westerly southeast
comer of a trot of lead described in deed to the County of Denton recorded in Volume
387.Pago560;
THENCE N 00°04'42" W. 25.70 feet, along said line, to a W' capped rebar (C7 A. A) act;
THENCEN 89013'45" Q 42893 feat, to a'%" capped rebar set on the east Has of said
Todd Tram I, and the west Une of said Roan Deck
THENCE S 00004'42" E, 30.76 fern, along said line, to the POINT OF BEGINNING
and containing approxuru toly 0278 acres of land.
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0278 Aaes
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A HICKMAN SURVEY, ABSTMCT NO. 50
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SHEET 1OF 2
LEGAL DESCRiPYION
20' Temporary Conmmumion Besemo d
Lee Anne Todd Tract
0.197 A=
Being all that c rtft lot, tact or pared ofland almated in the Asp Molman Sawy,
Abstract Number 521, City of Denton, Denton County, Toms, being part of that certain
called 4321 a= tract of land described as Tract I in deed to Lao Area Todd recorded in
Document Number' 94-1091 of the Real Property Records of Denton Couaty, Texas, and
being more particularly described as follows:
BEGINNING at a SS" rapped rebar (O &A) act an the east Eno ofadd Todd Tract I,
from vAdch a'K" nbar to concrete foand at the somber st comet thereof beam
S 00°04'42" E, 30.76 feel, said point being oaths weal line of that certain called 1.007
acrobactef lend desodbcd in deed to Tonjia Kim Taylor Roan nowdedn. Dowmeut
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Number 0161729 oftheReal Property Records of Denton Coady. Texas;
THENCE S 89013'45" W, 428.93 feat, to a rk" capped rebut (G& A) set on the wastady
west lime of a tact ofland described in deed to the County ofDeaton recorded in Volume
387, Page 565 ofthe Deed Raofds of Denton Coumty, Terns, being on 0w westerly out
Ihu of a tract of land described in deed to the Comity of Dorton recorded in Volume 387,
page 560 of the Dad Records of Denton County, Texas;
THENCEN 00°04'42" W. 20.00 feet, along said Ilae;
TITENCEN 8VIT45" R, 42893 feet, to a point on the east lbw of said Todd Treat I and
the west line of said Rom tact
THENCE S 00°04'42" 1; 20.00 feet, elang said line, to the POMOF BEGINNING
and continuing approximately 0.197 am of land.
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EXHIBIT "B"
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A. HICKMAN SURVEY, ASSTRACT NO. 621
CITY OF DENTON
DENTON COUNTY, TEXAS
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