2004-205S:\Our Documents\Ordinances\04\ROW Use-Windjammer. DOC
OP IN CE NO.
AN 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 A MONUMENT SIGN WITHIN STREET RIGHT-
OF-WAY AT UNICORN LAKE BLVD. AND STATE SCHOOL ROAD TO INDICATE
ENTRYWAY INTO UNICORN LAKE; 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 Unicom Lake area 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. The City Manager or his designee is
hereby authorized to execute the Agreement on behalf of the City 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 thet;~.day of
EULINE BROCK, MAYOR
,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
RIGHT-OF-WAY USE 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 Windjammer, Ltd., a Texas
limiWxl partnership (the "APPLICANT") 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"), upon the
following conditions:
The APPLICANT, its successors or assigns, shall maintain and keep in good condition all
of the Right-of-Way Area and the Sign and the CITY shall not become responsible for such
maintenance at any time in the future. The contents and design of the Sign must be approved in
advance by the CITY. The sole purpose of the Sign is to inform the public that Unicorn Lake
Boulevard is an entryway into the Unicom Lake development. No advertising of any kind will
be allowed on the Sign, other than the name of the Unicorn Lake development. The
APPLICANT shall create a property owners association or other non-profit organization (the
"POA") for the Unicom Lake development that will be responsible for maintaining the
landscaping and signage, including the lighting components, in the Right-of-Way Area. Prior to
the creation of the POA, the APPLICANT shall provide the City Attorney of the City of Denton
(the "City Attorney") with copies of the draft POA documents so that the City Attorney may
verify that the proposed POA will be responsible for maintaining the Right-of-Way Area. The
boundaries of the Unicom Lake development are shown and described by metes and bounds on
the attached Exhibit "C" which is made a part bereof by reference.
The APPLICANT shall and does hereby agree to indemnify and hold harmless the CITY
from any and all damages, loss or liability of any kind whatsoever by reason of injury to property
or third persons occasioned by the APPLICANT's, its successors', or its assigns' use of the
right-of-way or act of omission, neglect or wrongdoing of the APPLICANT, its officers, agents,
employees, invitees or other persons, with regard to the Sign and the APPLICANT shall, at its
own cost and expense, defend and protect the CITY against any and all such claims and
demands. The APPLICANT, without consent of the CITY, may transfer or assign all of its
fights and obligations under this right-of-way use agreement (the "Agreement") to a POA as a
common area or improvement, provided that such a transfer or assignment shall not be effective
until the APPLICANT has delivered a copy of the agreement evidencing such assignment (the
"POA Agreement") to the CITY stating that the POA assumes all of the APPLICANT's duties
under the POA Agreement. Upon such a ttansfer, the APPLICANT is automatically released
t
012295.00010:832454.04
from all obligations hereunder, which obligations pass to the POA. All subsequent transfers or
assignments of the rights and obligations under this Agreement shall require the CITY's prior
written consent.
The APPLICANT shall, or shall canse its successors or assigns to, purchase and maintain
General Liability Insurance naming the CITY as an "additional insured" for damages arising
from the construction and maintenance of the Sign 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.
The APPLICANT, its successors, or its assigns shall arrange for all activities and
improvements in the Right-of-Way Area to be discontinued and/or removed, at the direction of
the CITY, within thirty (30) days of notification by the CITY, that the City Council has approved
a resolution directing the use of the right-of-way by the APPLICANT be discontinued. The costs
associated with the discontinuing of such activities, and the removal of such improvements, shall
be borne by the APPLICANT, its successors, or its assigns.
The APPLICANT, its successors, or its assigns shall not seek compensation from the
CITY for loss of the value of the improvements made hereunder when such improvements are
required to be removed by the APPLICANT.
This Agreement shall be binding upon and inure to the benefit of the APPLICANT and
the CITY, and their successors and assigns. The covenants contained herein are restrictive
covenants that (a) touch and mn with the land described in Exhibit "A" located in the City of
Denton, Texas (the "Property"), (b) burden the Right-of-Way Area, (c) benefit the Unicom Lake
Development, and (d) shall be binding on all parties and all persons claiming under them, and
any future owners of the Property for a period of fifty years from the date of this Agreement.
,IN TESTIMONY ~WHEREOF, the APPLICANT
c~l~day of ~ ,2004.
executes this Agreement on this
2
012295.00010:832454.04
CITY OF DENTON, TEXAS
City Manager
APPLICANT
APPROVED AS TO FORM:
CITY ATTORI~E;Y
BY:
WINDJAMMER, LTD.,
a Texas limited partnership
By:
BOB SHELTON ENTERPRISES, LTD.,
a Texas limited partnership,
its general partner
By:
BOB SHELTON ENTERPRISES
MANAGEMENT COMPANY, LLC,
a Texas limited liability company,
its general partner
BY: ~
Address:
3300 Sundown Blvd.
Denton, Texas 76210
Fax No.
940.536.1150
3
012295,1)0010:832454.04
ACKNOWLEDGMENTS
STATE OF TEXAS )
CO NTY OF DENTON
This instrument was acknowledged before me on the ~1 day. of (¢~ ,2004 by
Michael A. Conduff, City Manager of the City of Denton, Tex~l on l~haff, f said city. ~
Notary Public in and f6 the S-Cite of Texas
My Commission expires:
! /
..,,,~j[r~.%. ANN FORSYTHE
~*: '~:: MY COMMISSION fiXPIRES
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the~ day of _c~_z~_~- , 2004 by Bob
Shelton, President of Bob Shelton Enterprises Management Company, I~C, a Texas limited
liability company and general partner of Bob Shelton Enterprises, Ltd., a Texas limited
partnership and general paxtner of Windjammer, Ltd., a Texas limited partnership, on behalf of
N~)ta~ Public, i~ ~n-d f~r the State of Texas
My Commission expires: (-l/-:'~ "~-37
4
012295.00010:832454.04
EXHIBIT "A"
LEGAL DESCRIPTION
FOR SIGN AT UNICORN LAKE BOULEVARD & STATE ~CHOOL ROAD
BEING A 0.023 ACRE TRACT OF LAND SITUATED IN THE (M.E.P. & P.R,R. SURVEY,
ABSTRACT NO. 950, IN TIlE CITY OF DENTON, DENTON COUNTY, TEXAS, AND
BEING PART OF A CALLED 2.631 ACRE TRACT OF LAND, CONVEYED AS TRACT
TWO'TO THE CITY OF DENTON BY DEED RECORDED IN COUNTY CLERK's FILE NO.
2004~56699, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 0.023
ACRE TRACT, WITH REFERENCE BEARING BEING THE SOUTH LINE OF SECTION
ONE, BRIt~R CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS AS RECORDED IN CABINET 6; PAGE 45~ PLAT RECORDS,
DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING THE NORTHEAST CORNER OF AFORESAID 2.631 ACRE TRACT AND
BEING THE SOUTHEAST CORNER OF A CALLED 1.354 ACRE TRACT OF LAND,
CONVEYED AS TRACT THREE TO THE CITY OF DENTON BY DEED RECORDED IN
COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
THENCE ALONG THE NORTH LINE OF AFORESAID 2.631 ACRE TRACT AND THE
SOUTH LINE OF A AFORESAID 1.354 ACRE TP, ACT AND THE SOUTH LINE OF A
CALLED 9.618 ACRE TRACT OF LAND, CONVEYED AS TRACT ONE TO THE CITY OF
DENTON BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2004-56699, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 89 DEGREES 56.MINUTES 05 SECONDS WEST, A DISTANCE OF 141.89
FEET TO A POENT FOR CORNER AND THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREES 40
MINUTES 51 SECONDS, A RADIUS OF 914.93 FEET, AND A LONG CHORD
THAT BEARS NORTH 89 DEGREES 13 MINUTES 30 SECONDS WEST, A
DISTANCE OF 26.84 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 26.84
FEET, TO A POINT FOR CORNER;
THENCE OVER AND ACROSS AFORESAID 2.631 ACRE TRACT THE FOLLOWING
COURSES AND DISTANCES: ·
SOUTH 01 DEGREES 36 MINUTES 55 SECONDS WEST, A DISTANCE OF 23.90
FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23
DEGREES 38 MINUTES 51. SECONDS, A RADIUS OF 67.50 FEET, AND A LONG
CHORD THAT BEARS SOUTH 78 DEGREES I4 MINUTES 30 SECONDS'EAST, A
DISTA2qCE OF 27.66 FEET;
THENCE CONTINUING OVER AND ACROSS AFORESAID 2.631 ACRE TRACT AND
ALONG THE BACK OF CURB THE FOLLOWING COURSES AND DISTANCES:
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
27.86 FEET, TO A POINT FOR CORIqER AND THE BEGINNING OF A
COMPOUND CURVE TO THE RIGHT FiAVING A CENTRAL ANGLE OF 132
DEGREES 42 MINUTES 18 SECONDS, A RADIUS OF 2.00 FEET, AND A LONG
CHORD THAT BEARS SOUTH 00 DEGREES 03 MINUTES 55 SECONDS EAST,
A DISTANCE OF 3.66 FEET;
ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 4.63
FEET, TO A POINT FOR CORNBR AND THE BEGINNING OF A COMPOUND '
CURVE TO THE RIGHT HAVING A CBNTKAL ANGLE OF 23 DEGREES 38
MINUTES 51 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT
BEARS SOUTH 78 DEGREES 06 MINUTES 39 SECONDS WEST, A DISTANCE OF
27.66 FEET;
ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF
27.86 FEET, TO A POINT FOR CORNER;
SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, A DISTANCE oF 23.46
FEET TO A POINT FOR CORNER AND THE BEGINNING OF A 'TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 25 DEGREES 46
MINUTES 35 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT
BEARS NORTH 77 DEGREES 10 MINUTES 38 SECONDS WEST, A DISTANCE OF
30.11 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 30.37
FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 132 DEGREES 50
MINUTES 50 SECONDS, A RADIUS OF 2,00 FEET, AND A LONG CHORD THAT
BEARS NORTH 02 DEGREES 08 MINUTES 05 SECONDS EAST, A DISTANCE OF
3.67 FEET;
ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 4.64
FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 2I DEGREES 57
MINUTES 14 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT
BEARS NORTH 79 DEGREES 32 MINUTES 07 SECONDS EAST, A DISTANCE OF
25.71 FEET;
ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF
25.86 FEET, TO A POINT FO.R CORNER AND THE BEGINNING OF A REVERSE
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00 DEGREES 34
MINUTES 39 SECONDS, A RADIUS OF 392.50 FEET, AND A LONG CHORD
THAT BEARS SOUTH 89 DEGREES 46 MINUTES 36 SECONDS EAST, A
DISTANCE OF 3.96 FEET;
ALONG SAID REVERSE CURVE TO THE LEFT, AN ARC DISTANCE OF 3.96
FEET, TO A POINT FOR CORNER;
NORTH 89 DEGREES 56 MINUTES 05 SECONDS EAST, A DISTANCE OF 23.44
FEET TO THE POINT OF BEGINNING AND CONTAINING 0.023 ACRES OF
LAND, MORE OR LESS.
CURVE CENRAL ANGL~ RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH
C5 132'42'18" 2.00' S 00'05'55" E 5.66' 4.68'
C6 182'50'50" 2.00' N 02'08'05" [. 6.67' ~ 4.64'
CB 00'54'$9" 392.50' S B9'46'56" E 5.66' 5.96'
<o~. o
CALLED 9,618 ACRES-TRACT ONE
CITY OF DENTON
C.C.# 2004-56699
.__p -- o POINT OF
COMMENCING
OINT O__F
CALLEo 2.631 ACREs BEGINNINO~,I~,{Cl
TRACT TWO L1
· City OF D
C.C. E_NToN C'/ C8 L4 ~ C2
STATE OF TEXAS
(DENTON STATE SCHOOl)
VOLUME 455, PAGE 12
D^,E: o8/o*/o4 Exhibit A
SHEET .c~,, .... ' ..O.E.'Y EX"'"'T FO" ~.ar~er::~urge~s
SIGN AT UNICORN LAKE BOULEVARD CARTER & BURGESS, ~NC. ·
Exhibit A
Exhibit B
EXHIBIT "C"
0 500 I000
SCALE I" = 500'
(CONNECTOR ROAD)
CITY OF DENTON
D[NTON COUNTY,