2005-104AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A
RIGHT OF WAY USE AGREEMENT TO ALLOW CONTINUED EXISTANCE OF A
MONUMENT SIGN WITHIN STREET RIGHT-OF-WAY AT MCKAMY
BOULEVARD AND NORTH LOCUST STREET TO INDICATE ENTRYWAY INTO
MCKAMY EVERS ESTATES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that approval of the Right-of-Way Use
Agreement attached hereto and made a part hereof by reference (the "Agreement") is in
the public interest because it will allow the public to know that they are entering into the
McKamy Evers Estates Subdivision of the City of Denton which will promote efficient
traffic circulation; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
Section 2. The Agreement is hereby approved and the City Manager or his
designee is hereby authorized to execute the Agreement on behalf of the City of Denton,
and to carry out the City's rights and obligations under the Agreement.
Section 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this
~-~/~ day of /~4~d'~ .2005.
!
Euline Brock, Mayor
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
-£
After Kecording Return To:
City of Denton
Real Estate and Capital Support
601 East Hickory Street
Suite B
Denton, TX 76201
RIGHT-OF-WAY AGREEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
The City of Denton (the "CITY") does consent and agree to give McKamy Evers Estates
Homeowners Association, a Texas non-profit corporation (the "ASSOCIATION") the right to
the non-exclusive use of a portion of right-of-way dedicated to the City which is more
particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the
"Right-of-Way Area") for the purpose of constructing and maintaining a landscaped monument
sign as shown on Exhibit "B" (the "Sign") within Mckamy Evers Estates Phase I an addition to
the City of Denton, Texas, according to the plat thereof recorded in Cabinet U, Pages 938 and
939 of the Plat Records of Denton County Records (the "Subdivision" or "Property"), upon the
following conditions:
I.
The ASSOCIATION shall maintain and keep in good condition all of the Right-of-Way
Area, Sign, landscaping and other improvements authorized by the CITY (the "Improvements")
and the CITY shall not become responsible for such maintenance at any time in the future~ The
Sign is currently located within the Right-of-Way Area. The CITY approves the configuration
of the SIGN as it presently exists. Any modifications to the SIGN or other Improvements within
the Right-of-Way Area must be approved in writing by the CITY. The sole purpose of the Sign
is to inform the public of the location of the Subdivision. No advertising of any kind will be
allowed on the Sign, other than the name of the Subdivision. The ASSOCIATION will be
responsible for maintaining the Improvements, includ'mg the light'mg components, in the Right-
of-Way Area.
II.
The ASSOCIATION shall and does hereby agree to indemnify and hold harmless CITY,
its employees, officers, and agents f~om any and all damages, loss or liability of any kind
whatsoever by reason of injury to persons, including death, and damages to property occasioned
Page 1
by the ASSOCIATION'S use of the Right-of-Way Area or act of omission, neglect or
wrongdoing of the ASSOCIATION and shall, at its own cost and expense, defend and protect the
CITY against any and ail such claims and demands.
Ill.
The ASSOCIATION-shall purchase and maintain Commercial General Liability
Insurance naming the CITY, its employees, officers, and agents as an "additional insureds" for
damages and injuries arising from the construction, location and maintenance of the
Improvements and other ASSOCIATION work within the Right-of-Way Area, with a limit of
not less than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily
injury or death and $100,000.00 for each single occurrence for injury to or destruction of
property.
IV.
The ASSOCIATION shall arrange for all activities and Improvements within the Right-
Of-Way Area to be discontinued and/or removed, at the direction of CITY, within thirty (30)
days of notification by CITY, that the City Council has d/retted the use of the Right-of-Way
Area by the ASSOCIATION to be discontinued; and the cost associated with the discontinuing
of such activities, and the removal of such Improvements, necessitated by such discontinuation
of the right-of-way use, shall be borne by the ASSOCIATION. The ASSOCIATION shall not
seek compensation from CITY for loss of the value or use of the Improvements when such
Improvements are required to be removed by CITY. Should the ASSOCIATION fail to remove
such improvements as required by the CITY, the CITY may remove them at the sole expense of
the ASSOCIATION.
V.
This Agreement shall be binding upon and inure to the benefit of the CITY and
ASSOCIATION, and their respective successors and assigns, and shall constitute restrictive
covenants that touch and nm with the land described as the Property herein and shall be binding
upon all owners and future owners of the Property for a period of fifty years from the date of this
Agreement.
This Right-of-Way Use Agreement is executed by the parties to be effective the
~"'~/~[ dayof ~ ,2005.
Page 2
CITY OF DENTON, TEXAS
CITIrk~4ANAGBR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO FORM:
==ER , ATTO Y
McKamy ]
BY:
vers Est~omeowners Association
John Skelton, President
Page 3
ACKNOWLEDGEMENTS
STATE OF TEXAS )
COUNTY OF DENTON )
..~Sf/j day
This insmanent was acknowledged before me on the of ~j~__, 2005
by--Ii_ch4 A. Conduff, City M~agu~ of~e Cit~ of Denton, Text, on behalf hr s~d city.
N~y Public ~ ~d for the State of Texas
]]ff~t~'~l Nom~ Public, State of Texas My Co~ission expires: ~ ~ 7- ~ff
Ill¢:.~i~ My Commission ~pims
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the ?~.. day of~~___, 2005 by John
Skelton, President of McKamy Evers Homeowners Association, a Tegas non-prOfit corporation,
on behalf of said corporation.
gl't.~C~% J.~E E. RICHARDSON
June 27, 2005
]~6[ary Public in and for th~ S['aie of Texas
My Commission expires:
After Recording Return To:
City of Denton
Real Estate and Capital Support
601 East Hickory Street
Suite B
Denton, TX 76201
Page 4
EXHIBIT "A"
Being a tract of land situated in the B.B.B.& C.R.R. Survey, Abstract No. 186, City of Denton, Denton
County, Texas, 'said tract being an island located in McKamy Boulevard at its intersection with North'
Locust Street according to the file plat.of McKamy Evers Estates, Phase I as recorded in Cabinet U. Page
939 0fthe'Map Records of Dent0n County, Texas.and being more particularly described as follows:
COMMENCING at the interSect/on of the west line of North Locust Street (!i 15'right-of-way) and the
south'line of McKamy Boulevard Ig0'right-of-way), said point being the northbast comer of Lot I in
Block A of MeKamy Evers Estates, Phase I as recorded in Cabinet' LI, Page 939 of the Map Records. of
Denton County, Tey,,u; THENCE N00°59'41'q~ along the west line of Locust Street, 45.00 feet to the
centefline of McKamy Boulevard and the place of beginning;
TI;Ir. NCE FROM TIlE PLACE OF BEGD{N'I~G in a southw~st~ly diroction mith a'curve to thc
right,.Chord.Bearing S47~21'34"W, said curve having a e~ntral angle of 92'43'46" unda taditu
of 10.00 feet, anarc distance of 16.18 f~t to a point for comer,
THENCE Ng6° 16'33'W, 104.88 foet to a point for come~,
THENCE in a wt~a:rly to e~mt~rly diroction with a curve to Kc right, Chord Beating N00059'41"E, said
curve having ~t ocntr~l angleof 174~32'28 and a radius of 5.00 flint, and arc distance of 15.23
feet to a point for
TI-IL~CE N88°I555"E, 104.88 fcct to a point for comer,
THENCE in a southeast~ly diroction with a curve to the fight, Chord B~ring S45'22'12"E, said curve
lmving a central angle of 92°43~46". and a radius of 10.00 feet, un arc distane~ of 16.18 f~t to.a
point for comer and
land.
~00
~lgb~ S~]OlNB~ WO~-~ BrlNIJ.NO3
Exhibit A
Feb 10, 2005, ai .12:22:17 PM ~I_ John Skelton I~
Exhibit B
' Skelton.