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2005-105Om ANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN EASEMENT TO VERIZON WIRELESS ACROSS CITY OF DENTON PROPERTY BEING A TRACT OF LAND SITUATED IN THE MARY AUSTIN SURVEY, ABSTRACT NO. 4, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF LOT 1, BLOCK 2 OF THE MUNICIPAL UTILITY ADDITION, AN ADDITION TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that approval of an easement to Dallas MTA. L.P. dgo/a Verizon Wireless ("Verizon") which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Easement") is in the public interest; and WHEREAS, the City Council finds that the fair market value of the Easement is $1,785.00 (the "Value of the Easement"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. Section 2. The Easement is hereby approved. Upon payment by Verison of the Value of the Easement the City Manager or his designee is hereby authorized to execute the Easement on behalf of the City of Denton and deliver it to Verizon. .Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this d~"-~ dayof ~~-~,2005. Euline Brock, Mayor ATTEST: : JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. P~ CIT~/ToRNEy BY: ~..~~ ' Page 2 Spencer RT 161406 / C0156A Location code: 104650 EASEMENT AND RIGHT-OF-WAY STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: Grantor: City of Denton, Texas, a municipal corporation of the State of Texas 215 East McKinney Denton, Texas 76201 Grantee: Dallas MTA, L.P. d/b/a VedzOn Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Consideration: Ten Dollars ($t0.00) and other valuable consideration paid by Grantees, the receipt and sufficiency of which are acknowledged by Grantor. Description of Easement Area: See Exhibit 'A" and "B" attached hereto and made a part hereof. Easement Purpose: This easement is made and accepted for the following purposes: Constructing, reconstructing, operating, replacing, relocating, rebuilding, upgrading, inspecting, changing the size of, repairing, and perpetually maintaining one or more underground telephone, fiber optic and telecommunications lines and related facilities (including pulling vaults or boxes) under and across the Easement Area; together with the right of Grantee, its agents, employees, workmen and representatives to have ingress and egress upon and across the Easement Area for the purpose of constructing, reconstructing, operating, replacing, relocating, rebuilding, upgrading, inspecting, changing the size of the facilities and any part thereof. Conveyance: Grantor conveys to Grantee, for the benefit of the public, an easement and right-of-way along, over and under the Easement Area, for the respective purposes permitted above but none other, TO HAVE AND HOLD, unto Grantee, and its permitted successors and assigns. This grant is made and accepted subject to all encumbrances, covenants, easements and other mattem recorded in the Real Property Records of Denton County, Texas or that are visible and apparent. Terms and Conditions of this Easement: This easement is made and aCcepted on the following terms and conditions: Spencer RT 161406 / C0156A LocalJon cede: 104650 All of the telephone, fiber optic, and telecommunications lines and related facilities placed by the Grantees within the Easement Area shall be underground and buried to a level or placed at a location so as not to unreasonably interfere with Grantor's use of the surface, subject to the terms hereof. All facilities placed in the Easement Area shall be maintained in good condition by Grantees. All uses and operations by Grantees under the Easement shall be conducted in a safe manner consistent with good industry practices and shall comply with all laws, ordinances, and permitting requirements. Grantor hereby reserves the fight to use the Easement Area for all purposes except as herein restricted, subject, however, to the rights granted herein to Grantees. Grantor shall build no buildings within the Easement. Grantor, without limitation, reserves the right to do any of the following: (a) grant public or private fights-of-way; (b) convey other public or private utility easements that do not unreasonably interfere with Grantee's permitted use; (c) install and maintain landscaping and associated irfigafiea; (d) install and maintain fencing; (e) pave over the facilities with parking lots, entranceways, roads, and sidewalks using either concrete or asphalt materials, and (f) make any other use of the Easement Area that does not unreasonably interfere with Grantees' permitted use. If Grantee(s) shall discontinue or abandon, for a period of five (5) years, use of the communication facilities within the Easement Area, then this Easement shall terminate and be of no further force. Grantees may assign this Easement, without Grantor's pdor consent,. The Easement is conveyed and accepted subject to all encumbrances, covenants, easements and other matters recorded in the Real Property Records of Denton County, Texas. The dghts and obligations set forth in this Easement shall bind and inure to the benefit of the successors and assigns of Grantor and Grantees and shall run with the land so as to benefit and burden the future owners of any direct or indirect interest in the real property encumbered by this Easement. Executed this ~-d/'~ day of ~, 2005. Grantor City of Denton, Texas, a municipal corporation of the State of Texas Mike gon'd~r/t: Ci~ I~ana~er 2 Spence~ RT 16't406 / C0156A Location code: 104650 Attest: JENNER WALTERS, ?F SECRETARY APPROVED AS TO FORM / ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON I certify that I know or have satisfactory evidence that-,M,:kc Cc, ndu,~, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as thc=~C'~y Manager of the City of Denton, Texas, a municipal corporation of the State of Texas, to be the free and voluntary act of such par[y for the uses and purposes mentioned in the instrument. Given Under my hand and seal of office this ,~ day of 0.~9/~'~, 2005. Not~ Public Printed Name / My commi.ssion expires: /~'~?'~-- 0~'~ 3 Spencer RT '161406 1 C0156A Location code: 104650 EXHIBIT "A" Description of 3' Wide Easement BEING a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of Denton, as recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the most West, Southwest corner of said Remainder of Lot 1, Block 2 of the Municipal Utility Addition, same being the Northwesterly corner of a 0.030 acre tract Right-of Way Dedication and recorded in same Cabinet G, Page 346, same point being now on the North right-of-way line of Spencer Road (a vadable width R.O.W.); THENCE South 52 degrees 36 minutes 00 seconds East, along the Northerly line of said 0.030 acre tract Right-of Way Dedication, same being the Northerly right- of-way line of said Spencer Road and the Southerly line of said Remainder of Lot 1, Block 2, a distance of 201.49 feet to THE POINT OF BEGINNING hereof; THENCE (L1) North 74 degrees 26 minutes 19 seconds East, departing the Northerly right-of-way line of said Spencer Road, same being the Northerly line of said 0.030 acre tract Dedication and through the intedor of said Remainder of Lot 1, Block 2, a distance of 37.18 feet to a point; THENCE continuing through the intedor of said Remainder of Lot 1, Block 2, the following five (5) courses: L2D. North 65 degrees 47 minutes 29 seconds East, a distance of 22.73 feet to a point; L3D. North 59 degrees 52 minutes 09 seconds East, a distance of 14.70 feet to the point of commencing of a curve to the right, having a central angle of 16 degrees 05 minutes 09 seconds, a radius of 686.85 feet and a chord beadng and distance of North 73 degrees 01 minutes 07 seconds East, 192.20 feet; THENCE in a Northeasterly direction and along said curve to the dght, an arc length of 192.84 feet to a point; L4D. North 83 degrees 01 minutes 17 seconds East, a distance of 114.77 feet to a point; L5D. North 67 degrees 04 minutes 55 seconds East, a distance of 29.29 feet to a point; 4 Spencer RT 16'1406 / C0'156A Location code: 104650 L6D. North 83 degrees 32 minutes 06 seconds East, a distance of 64.75 feet to the West line of a 17.751 acre tract, said 17.751 acre tract described as that tract of land as conveyed from The Spencer Station Generating Company, L.P., a Delaware limited partnership, to the City of Gadand, Texas, a municipal corporation of the State of Texas and a home rule city, as recorded in Volume 5306, Page 02830, same being Volume 5273, Page 00463, Deed Records, Denton County, Texas, and being the POINT OF TERMINATION hereof, and containing 0.0328 acres or 1,428 square feet of land, more or less. 5 EXHIBIT B ItII'" ;'. :\ ¿\ ' '" REAL ESTA TE AND CAPITAL SUPPORT . CITY HALL EAST 601 E. HICKORY, SUITE B DENTON, TEXAS 76205. . (940) 349-8910 . FAX (940) 349-8951 . METRO (972) 434-2529 . DATE: May 20,2005 TO: Jennifer Walters FROM: Pamela England RE: Verizon Easement Request - Spencer Road Jennifer, this item was approved by City Council on April 5th. Please see the attached letter from Verizon Wireless requesting the City void this easement. We had not recorded the document per the request of their ROW agent and were holding the funds for consideration. The funds have been returned and the easement document voided. Please attach the letter to the original Ordinance for your files. Let me know if you have any questions. Thank you. ¡Pamela (940) 349-8928 Ofc. (940) 391-2795 Cell cc: Chuck Sears "Dedicated to Quality Service" ,..,' , ~i>' ~\' ) " REAL ESTA TE AND CAPITAL SUPPORT . CITY HALL EAST 601 E. HICKORY, SUITE B DENTON, TEXAS 76205' . (940) 349-8910 . FAX (940) 349-8951 . METRO (972) 434-2529 . May 20, 2005 Mr. Scott Cates Real Estate Manager Verizon Wireless Network, Texas Region 500 West Dove Road South lake, TX 76092 Dear Scott: Thank you for your letter of May 16, 2005 regarding the Easement Verizon requested to the Spencer Radio Tower. The Easement document was not recorded yet, so per your request we have destroyed it. I have enclosed the two checks for consideration and recording fees, which were received from your right-of-way agent Joe Hutchinson. In the spirit of good faith and continued relations with Verizon we are content to return the consideration and void this transaction. In the future, if possible, it would be beneficial to discover the site conditions prior to initiating engineering review, document preparation, and facilitation through our legal department and Council approval by City staff. If you have any questions or want to discuss the matter further you can contact me directly at (940) 349-8928 or via email Pamela.Enqland(â)citvofdenton.com. y~~~~ Pamela England Real Estate Specialist Enclosures CC: Ed Snyder/Legal Jennifer Walters/City Secretary "Dedicated to Quality Service" ""~ ...' ;o""o;'i.;:"'".c';;;'",:c.;¡"""',";;:;",-,,,...;';C;i; ," "";;';'",-=:..~..., .0'- .,..",'¿'..;""~,,,:~.'~' " ~"""'c.;;"~.. "-¡5I1IIO JOE T. OR SHARRON A- HUTCHISON 12,93 743 =t1s~~D~:8~DR. " nlTE ~i'fl oC:;- C '~ N'D õ!;~~::D ~~~D~~~~~ I"""II:."~"",\ 7128 --.. ~ :~"~~woo:~~~o:m:¡:¡:¡O50:¡~:¡I!~28 ",' ~~ ... ""it;:;¡;:¡,:""~~.;~"J;¡;~~;;"~>~""P"""i~";:;:;;¡'!:':"'~~,="Ù"',,,,,;;,,;,: '~., "",",',:i."""'~";;";~~""'~;";;'¿'" " JOE T. OR SHARRON A. HUTCHISON 32-7511110 / ~~D~~~~ DR: 12::TE .5/ '1/ ð ç ç:--.' ( ( ~\"" b;s'K<>"I r~ C;. <.~.~ '(~e-H~ ~~ ~~¡ ~~D","';;. <::.'" =t)III."~, ~ . " :=:-=:. ~4JL... .~.~:.~-~~OOO?5:¡1: ?:¡:¡30503~:¡1I' O?~:¡O 7130 ~ Verl70nwireless Verizon Wireless Network, Texas Region 500 W Dove Rd South lake, TX 76092 May 16. 2005 City of Denton Real Estate and Capital Support Attn: Pamela England 601 East Hickory Denton. Texas 76205 RE: ROW agreement for Spencer Radio Tower Dear Ms. England I have enclosed a copy of the Easement and Right-of-Way that was granted to Verizon Wireless by the City of Denton. Texas, Due to environmental issues at the site. Verizon Wireless has decided to not use the agreement to lay a fiber optics line across the Denton Electric Service Center to its communications site located at the Garland Power and Light electrical generating plant. I request that you void the original document that was issued to us. Regards >£;Jt, Real Estate Manager ~ Verl70nwireless Verizon Wireless Network, Texas Region 500 W Dove Rd South lake, TX 76092 May 16, 2005 City of Denton Real Estate and Capital Support Attn: Pamela England 60 I East Hickory Denton, Texas 76205 RE: ROW agreement for Spencer Radio Tower Dear Ms. England I have enclosed a copy of the Easement and Right-of-Way that was granted to Verizon Wireless by the City of Denton, Texas, Due to environmental issues at the site, Verizon Wireless has decided to not use the agreement to lay a fiber optics line across the Denton Electric Service Center to its communications site located at the Garland Power and Light electrical generating plant. I request that you void the original document that was issued to us. Regards ~~&Sö--- Joe T. Hutchison