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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.