2005-155
ORDINANCE NO. ~()(}!J-15"5
AN ORDlNANCE TO PURCHASE APPROXIMATELY 0.630 ACRE OF LAND FOR
PUBLIC UTILITY EASEMENT AND APPROXIMATELY 0.779 ACRE OF LAND
FOR TEMPORARY CONSTRUCTION EASEMENT AND SIGN IMPROVEMENTS
BETWEEN THE CITY OF DENTON AND FOXWORTH-GALBRAITH LUMBER
COMPANY, LOCATED IN THE M.E.P.& P.R.R. SURVEY, ABSTRACT NUMBER
927, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE
EXPENDlTURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (Loop 288 Utility Rclocation Project).
THE COUNCJL OF THE ClTY OF DENTON, TEXAS HERBY ORDAINS:
SECTION I. The City Manager is hereby authorized to purchase public utility
easement and temporary construction easement and the sign improvements in
substantially the form as set forth in the Easement Purchase Agreement attached hereto
and made a part of this ordinance for all purposes regarding the Loop 288 Utility
Relocation Project.
SECTJON 2. The City Manager is authorized to make the expenditures as set
forth in the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
~T;D
AND APPROVED
,2005.
this
the
7~/¿
day
of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY ~"'~~ \ M~
APPRO~ED AS ~ LEGAL FORM:
EDWIN M.~?INTERIM CITY ATTORNEY
BY:~
EASEMENT PURCHASE AGREEMENT
AGREEMENT dated" . ~lJfii 1 . , 2005 between Foxworth-Galbraith Lumber
Company ("OWNER") and he City of Denton ("CITY").
WITNESSETH:
Whereas, Foxworth-Galbraith Lumber Company, a Delaware corporatiou, snccessor In
interest of Foxworth-Galbraith Lumber Company of Denton, is the owner of a <ertidu 22.276
..acre parcel laud, evidenced by warranty deed recorded in Volume 515, Page 333, Deed
Records, Denton County, Texas, said parcel being affected by tbe public improvement project
called Loop 288 Utility Relocation Project ("PROJECT"); and
Whereas, it is desirous of both parties to stipulate and agree to the terms and couditions
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 h'er"by acknowledged, the parties agree as follows:
1.
At Closing; the OWNER shall grant, execute and deliver tothe CITY a 0.630
acre permanent utility casement and 0.779 acre temporary constrnetlon,
grading and access casement, attached hereina. "Attachment I-A" and
"Attachment 1-B" respectlvely( the Easements). In'additlon, the OWNER
shall satisfy all closing' requirements in relation to' releasing and/or
snbordination of any lieris affecting the permanent casement and temporary
construction easement tracts;
2.
M.Closing, tbeCITY sball pay OWNER, $ 83.000.00 as payment for the
Easements. In addition, the CITY shaH pay OWNER $14.100.90 as payment
for the relocation costs of the SIGN. The sum of these two payments,
$97,100.00, is the amount of Total Compensation. Tbe Total Compensation
payment amount represents full and adequate consideratIon for. the
Easements and improvements therein, including without limItation, the sign
and any damages to the remainder of Owner's property.
3.
It is hereby acknowledged tbat the OWNER's existing ground sign, as shown
In "Attachment 2" and "Attachment 3", both attached herewith, will require
removal prior to contractor mobilization for the PROJECT. The OWNER
shaH remove the sign from the Easement areas no later than November 1,
2005. If Owner chooses not rell)ove the sign from the easementareas by such
date, the City, its agents or contractors, may remove and dIspose of the sign
with no further compensation to the Owner. Should the Owner choose to
relocate the existing sign or establish a new permanent sign during course of
Page 1
. ,c'.
. ",
the'PROolE~'T;th~ sign ¡ocation'shallbe outsidcòf;.dle,per~iaàeriì§ J~~lj'c"
utility,easerneI\laridlcinporary:eonstructióÙ,eásèÙieri ' , . ",'.
'liereestahlisÌicd'iri;.the tcrnporary'construCti"¡,,,eas.'
eornpletionòf{thèèprojèe! orat.srieh.tinle"," ;'
,uJ1ôn'hy..thC..g'itÙ:a!l<líiir,its.coritr,,~ìòr;' th.at,i"i!l),'
Ii infigHth e éo'6š¡r~ctiÓii.. ¡¡etiYlties'òfi¡Ìicp.~O;JEG(
. OWNER:
:~\PlÇ~~:rt:t~.~ eo",>NY
ÖI~{-ïtAJ~..,.l'
. ;.)tiiJ.;;.. v.,~,..,ti~~,.cI~"Jf-
Page 2
CITY OF DENTON, TEXAS:
B'~
Michael A. ConduIT ". .
City Manager
215 E. MeKinuey
benton, Texas 76201
Date: ()(¡/O1!{)5"
l l
ArrEST:
JENNIFER WALTERS, ~Y SECRETARY
BY~\-Wa HoÀÅ
APPROVED AS TO FORM:
EDWIN SNYD CTING C
BY:
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
Commonwealth Land Title Insurance Company, Denton, Texas, hereby acknowledges
receipt of the fully executed Agreement on this, the~ day of
2005.
By:
Printed Name:
Title:
Telephone Numher:
Page 3
"ATTACHMENT l-A"
EASEMENT
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THE STATE OF TEXAS,
THAT Foxworth~Galbraith Lumber Company, a, Delaware corporation,
successor in interest of Fo~worth-Galbraith Lumber Company of Denton
in considera¿'on of the sum" of TEN DOLLARS, AND NO
("Grantor") , I '
CENTS ($10.00) and OTHER GOOD AND VALUABLE CONSIDERATION in hand paid
I
by the City of Denton, Texas, ("Grantee"), receipt of which is
hereby acknowledged, does b~ these presents grant, bargain, sell and
convey unto Grantee an eJsement and free and uninterrupted use,
liberty and privilege of t~e passage in, along, upon and across that
certain real property con~aining approximately 0.630 acre of land
owned by Grantor which is Isituated in Denton County, Texas, in the
M.E.P. & P.R.R. Survey, I Abstract No. 927, more particularly
described in Exhibit "A" 1'& illustrated in Exhibit "B", attached
hereto and made a part hereof by reference (the "Easement" or
"Easement Area"). I
This Easement is granted for the purpose of constructing,
'nstalling,1 repa'r'ng,
reconstructing, ~ ~ ~ and perpetually maintaining
public utilities, in, alonJ, upon and across the Easement, with the
right and privilege at all 1 times of the Grantee herein, its agents,
employees, contractors 'and representatives having ingress, egress,
and regress in, along upJn and across the Easement Area for the
purpose of making addi tilns to, improvements on and repairs to
public utilities, or any p~rt thereof.
. 1,.
Grantor, 3.ts successors and ass3.gns, shall not place any
I '
improvements within the Easement Area without the prior written
Page I
..èonsent of, . the Grantee. .Grantee sha1:1'have
'the, $àsemerit;'Area
Page 1 of2
EXHIBIT "A"
VARIABLE WIDTII EASEMENT
MoE.P. & PoR.R. SURVEY, ABSTRACT NO. 927
CITY OF DENTON
DENTON COUNfY, TEXAS
BEING a tract of land situated in the M.E.P. & P.RR. Snrvey, Abstract No. 927, Denton
County, Texas, and being a part of a tract ofland described by deed to Foxworth-
Galbraith Lumber Company of Denton as recorded in Volume 515, Page 333 of the Deed
RecOrds of Denton County, Texas, and being more particnlarly described as follows:
BEGINNING at a 1/2 inch iron rod set with a yellow capstamped"Arthur Surveying
Company. at the northwest corner of said Foxworth-Galbraith Lumber Company tract
and the southwest corner of Lot A2 of the Greater Denton Industries Subdivision, an
addition to the City of Denton as recorded in Cabinet 1, Page 247 of the Plat Records of
Denton County, T exaB, same being in the east line of State Highway Loop 288;
THENCE North 89 degrees 36 niinutes 07 seconds East, with the north line of said
. Foxworth-Galbraith Lumber Company tract and the south line of said Lot A2, a distance
of2S.01fect to a 1/2 inch iron rod set with a yellow cap stamped "Arthur Surveying
Company" for comer;
THENCE over and across said Foxworth-Galbraith Lumber Company tract, South 00
degrees 53 minutes 07 Seconds West, a distance of 1085.03 feet to a 1/2 inch iron rod set
with a yellow cap stamped "Arthur Surveying Company" for comer;
THENCE South 21 degrees 36 minutes 53 seconds East, a distance of 29.91 feet to a 1/2
inch iron rod set with a yellow cap stamped' Arthur SurVeying Company" in the
northeast line of a 16.00 foot Public Utility Easement recorded in Volume 603, Page 520
of the Deed Records of Denton County, Texas, and being 16 feet northeasterly at a right
angle from the northeast line of McKinney Street also known as F.M Highway No. 426;
THENCE North 56 degrees 04 minutes 53 seconds West, continuing with the northeast
line of said easement and 16.00 feet northeasterly at right angle ftom said McKinney
Street, a distance of24.39 feet to a 1/2 inch iron rod set with a yellow cap stamped
"Arthur Surveying Company" at a point 16.00 feet easterly at a right angle ftom said
State Highway Loop 288;
THENCE North 00 degrees 53 minutes 07 seconds East, with the east line of said
easement and 16.00 feet easterly at right angle from said State Highway Loop 288, a
distance of 12.00 feet to a 1/2 inch iron rod set with a yellow cap stamped. Arthur
Surveying Company";
Exhibit A
EXHIBIT
"A"
Page 2 of2
THENCE North 89 degrees 06 minutes 53 seconds West, a distance of 16.00 feet to a 1/2
inch iron rod set with a yellow cap stamped .. Arthur Surveying Company" in the east line
of said State Highway Loop 288;
THENCE North 00 degrees 53 minutes 07 seconds East, with the east line of said State'
Highway Loop 288,a distance ofl086.80 feet to the POINT OF BEGINNING and
containing 0.630 of an acre ofland more orless.
. "'.
I(
It
STATE HIGHWAY LOOP
,.f::.' ~
-..; {P
t¡~.
~ Þ N56'O4'53"
Nf?;i 24,39'
~S¿ 1156'04'5)"
lI' '<;' 5J.OI'
~ ~'
~.
~
------\-___l~~~~__-------~Š
S=~7ìY ' 1079.7)'
" ,Follwcr/h-Cc/brollh Lumber Company of Den/on
Vol. 515. Pg. JJJ
0 630 A 0.779 Acre
, . ere JO' Temporary
Variable w/äth Construction Easement
j' , Easement
"'IE'
BASS Of I£AJI1NCS ARC BA5ED Q/ 111£ I ~ (! 8.
~~~=~T":"" LOOP 288 N89'36'O7"E ~- ørdlh
_fA- !u ,.",.,.,.'~ E_t
FfJIMAJÐIT fASDlEHT - IJ/£ A, ~
Ill- ///ON 000 SEr ..IN m.L"'" CAP ..¡
sr""'" 'AR...... sr.w..-w.c """'AN""
tRUS$ 0- HOWl.
~ I='--='-f¡~i.
11
I I
/.DIIII t I
Cteol". OdIIton In4I#trleo
, SIJbdIrIs/on '
Cob. ~ Pp. 247
EXHIBIT "B"
VARIABLE WIDTH EASEMENT
and
30' Temporary Construction Easement
ME.P. & P,RB. Survey, Abstract No. 927
CITY OF DENTON - DENTON COUNTY, TEXAS
A rthur Surveying Co" Inc.
Proféssional Land s~
6:10082515
6"005J540 -
, ",..22/..,.,. ,.. 112-221-"'75
no Ðno $I"., ....200 .~"... 54
,._",.."..,
OAT£: IO/l9/2«H. SCAlE:.!:..=..Lf!!!.. OOAYIH BY: ~ CHECI<ED B't~ JDL NO.:
"ATTACHMENT l-B"
TEMPORARY CONSTRUCTION, GRADING & ACCESS EASEMENT
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THE STATE OF TEXAS,
THAT
Foxworth-Galbraith
Lumber
company,
a
Delaware
coJ:Poration,
successor in interest of Foxworth-Galbraith Lumber Company of Denton
("Grantor")
in
consideration
of
the
sum of
TEN DOLLARS AND
NO
CENTS ($10. ") and OTHER GOOD AND VALUABLE CONSIDERATION in hand paid by
the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto the City of Denton,
Texas, the free and uninterrupt~d ,use, liberty and privilege of the
passage in, along, upon and across the following described property,
owned by them, situated in Denton County, Texas in the !foEoPo & P.RoR.
Survey, Abstract No. 927.
See EXHIBIT "A" & EXHIBIT "B" attached herewith
And it is further agreed ,that the City of Denton,
Texas in
consideration of the benefits ..pove 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 puJ:Pose of construction, qradinq 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 puJ:Pose of construction, qradinq and access
or any part thereof.
EXHIBIT
~A~
30' TEMPORARY CONSTRUCTION EASEMENT
M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 927
CITY OF DENTON
DENTON COUNTY, 1EXAS
BEING a tract ofland situated in the M.E.P. & P.R.R. Survey, Abstract No. 927. Denton
County, Texas, and being a part of a tract ofland described by deed to Foxworth- '
Galbraith Lumber Cnmpany of Denton as recorded in Volume 515, Page 333 of the Deed
Records of Denton CountY, Texas. and bein~ more particularly described as follows:
1
BEGINNING at a 1/2 inch iron rod set with II; yellow cap stamped "Arthur Surveying
Cnmpany. in the north line of said Foxworth-Galbraith Lumber Company tiactand the
south line of Lot A2 of the Greater Denton Industries Subdivision, an addition to the City
of Denton as recorded in Cabinet I, Page 247 oftbe Plat Records of Denton Cnunty,
Texas, same being North 89 degrees 36 minutes 07 seconds East, a distance of25.01 feet
fÌ'Om a 112 inch iron rod set with a yellow cap stamped" Arthur Surveying Cnmpany" at
the northwest comer of said Foxworth-Galbraith Lumber Cnmpany tiact and the
southwest corner of $!lid Lot A2, same bemg in the east line of State Highway Loop 288;
THENCE North 89 degrees 36 minutes 07 seconds East, with the north line of $!lid
Foxworth-Galbraith Lumber Company tract and the south line of said Lot A2, a distance
of30.01 feet to a point for corner;
THENCE over and across said Foxworth-Galbraith Lumber Company tract the following
courses and distances:
South 00 degrees 53 minutes 07 seconds West, a distance of 1079,73 feet to a point for
comer,
South 21 degrees 36 minutes 53 seconds East, a distance of67.64 feet to a point in the
northeast line ora 16.00 foot Public Utility Easement recorded in Volume 603, Page 520
of the Deed Records of Denton County, Texas, and being 16 feet northeasterly at a right
angle fÌ'Om the northeast line of McKinney Street also known as F.M; Highway No. 426;
North 56 degrees 04 minutes 53 seconds West, conûlU1ing with the northeast line of said
easement and 16.00 feet northeasterly at right angle from said McKinney Street, a
distance of53.01 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur
Surveying Companyn;
North 21 degrees 36 minutes 53 seconds West. a distance of29.91 feet to a 1/2 inch iron
rod set with a yellow cap stamped" Arthur Surveying Company" for comer,
North 00 degrees 53 minutes 07 seconds East, a distance of 1085.03 feet to the POINT
OF BEGINNING and containing 0.779 of an acre of land more or less.
,;""~",.;;.",..¡;.,.:..;,,,.;.;.,;;.,.... ;--'
r
l
NOOOS3'O7"E
$I>J'5J'a1"1I'12.00'
4).)<",,-1
_00""6.
~r'
STATE HIGHWAY LOOP
, ß..~ n~
,c, W'
t;~.
ø~, N56'O, 4' '53"
N ~ 24.39'
êl& NS6'O4'5J
(II "Ç' 53.07'
'~
~.
ß
, ¡;;.
-~----\-___l~~~___-~-~---~~
, SI!O'5J'07'"W 1079.73'
, Foxworlh~GoIbraith Lumber Company of Denton
, Vol. 5/5. Pg. JJJ
0 630 A 0.779 Acre
. . c!,e 30' Temporary
Variable width cOfistruction Easement
Easement '
pERJlAN£HT fAStJIlNr - ARE A
1¡2"IIICNROOSU IIf1H >D.I.OWClJ'
srAIIP!V '""""SlJRK.w,; COMPANY',
t.WL£S$o_..rm
-~--f¡~~
, I I
I I .
Lot AI I I
., mot" ::::'MJstriæ
C<Jb. PV,247
EXHIBIT "B"
VARIABLE WIDTH EASEMENT
and
30' Temporary Construction Easement
M.E.P, &: P,RR Survey, Abstract No. 927
CITY OF DENTON - DENTON COUNTY, TE}{AS
OAT£: !O/19j2004 SCAlE:'- - 100' OMWN BY: ..;.~CHECIŒD BY~ J.D.LNO;
Arthur Surveying Co., Inc.
, Pro/1:$sionaI Land Surveyorr¡
6.J0082515
64O()5.J!UO
972-22/-9<3. r"" 972-22H~75
210 "" 5/"" S>A.' 201) . ~A s... ~
. """'" r.- 7506r
"A TTACHMENT
2"
~
ij
0<
w
Q)
3 z::J
,12'"
",¡z,w
¡¡: Õ ~
<>: ... 0-
~o,,;
<:>?z ;¡;
~~~
<>:,::>:>
~ 8~
x '
0
...
I I
~I I I
:1\ I
¡III ¡1
" I, f1 >-~ I
>- ~::>
r " 5 I ¡s~
I 5 ~w
I ,~!ž ~õ I
-,w of
'~I' ~~"I""~,~
I 0: 8w â~
I . d ~g :
1/1==501
00
00
N
tl..'
0
0
~
\
\
~\
~~
",,~, .:,,"
Existing Ground Sign