2003-128ORDINANCE NO. POZ-I
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS WOMAN'S
UNIVERSITY TO ENABLE AN EXCHANGE OF EASEMENTS AND SERVICES TO
ACCOMMODATE UTILITY RELOCATIONS AND EASEMENTS; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton and Texas Woman's University desire to enter
into an Interlocal Agreement for the exchange of land for use as easements, pursuant to
§791.028 of the Government Code, §272.001 of the Texas Local Government Code, and
§2-127 of the Denton code of ordinances; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. The City Manager or his designee is hereby authorized to execute on
behalf of the City of Denton an Interlocal Agreement with Texas Woman's University to
enable an exchange of easements and services to accommodate utility relocations and
easements in substantially the same form as of the Interlocal Agreement attached hereto
and made a part hereof by reference.
Section 2. This ordinance shall become effective immediately upon its passage
and approval.
PASSEDANDAPPROVEDthisthe /~-~ dayof ~/~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY. - ~'~~,~
INTERLOCAL AGREEMENT
THIS AGREEMENT is entered into effective as of the date set forth below by and
between the City of Denton, Texas, a home role municipal corporation (the "City") and Texas
Woman's University ("TWU").
WHEREAS, the City and TWU desire to enter into an Interlocal Agreement to provide
for City of Denton utility facility relocations and easements, pursuant to §791.028 of the Texas
Government Code; and
WHEREAS, TWU has previously granted to the City a utility easement dated November
16, 1938, and recorded in the Deed Records of Denton County under Volume 276, Page 524 (the
"Existing Easement"); and
WHEREAS, TWU has requested that it exchange a new City of Denton utility easement
as more particularly described in Exhibits "A-I" and '~B-I" and temporary construction
easement as more particularly described in Exhibits "A-2" and '~B-I" attached hereto and made a
part hereof by reference (the "Replacement Easements") to replace the Existing Easement in
order to reroute the existing sanitary sewer line around TWU's new Chiller Plant Facility; and
WHEREAS, the Project also necessitates the City's acquisition of additional City of
Denton utility easements as more particularly described in Exhibits "A" and "B" ("Exchange
Easement 1") attached hereto and made a part hereof by reference (the Replacement Easements,
Exchange Easement 1, and Temporary Construction Easement are collectively called the
"Exchange Easements"); and
WHEREAS, the Project and this agreement will benefit TWU, the City and its citizens
and is in the public interest; and
WHEREAS, the consideration for the promises contained herein represent fair market
value for the property interests being granted or abandoned and fair and reasonable compensation
for the services being performed under this agreement; and
WHEREAS, all monies expended under this agreement are from current revenues of the
paying party;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein
the City and TWU hereby agree as follows:
1. On or before 90 days after the date of this Agreement TWU shall deliver to the
City the fully executed non-exclusive Exchange Easements in substantially the same form as
Attachment I attached hereto and made a part hereof by reference. City shall deliver to TWU a
certified copy of a City ordinance abandoning the Existing Easement (the "Abandonment
Ordinance") no later than 90 days after completion of the Project.
2. As additional consideration, and as a part of the Project;
ao
The City shall provide two 4 foot manholes as shown on plan sheets 14C
& 14D (Exhibits "C" & "D", respectively) to tie into that portion of the
sanitary sewer line to be abandoned and which will become a private
service Fmc serving TWU facilities and to be maintained by TWU in that
regard.
The City shall cause the Project contractor after installation of'the sewer
facilities to leave the earthwork in accordance with City specifications.
The City will restore all impacted areas in a workmanlike manner to a
condition equal to or better than that existing prior to construction.
The City shall allow TWU the surface use of all easement area excluding
the construction, erection or placement of any buildings, signs or other
permanent structures, or portions thereof, in, on, or over the permanent
easements. TWU shall have the fight to make use of the easements for
any purpose that does not interfere with the City's rights in the easements
for the purposes granted, subject to the restrictions contained herein.
TWU's right to use the easement shall specifically include the right to
pave the easement areas for vehicular ingress, egress, and parking.
3. The City Council of the City and the Board of Regents of TWU have duly
authorized this Agreement and the execution of same by the officers or agents who have signed
below on their behalf.
InWitness Whereof, this Agreement has been executed by the parties to be effective this
the /~ ,dayof ~/7]ty~.~.~ ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
S:\Our Documents\Con~racts\03\TWU Interlocal 2.doc
Page 2
APPROVED AS TO LEGAL FORM:
HERBERT ~~TTORNEY
BY: ~'~ ~ ~
TEXAS WOMAN'S UNIVERSITY
APPROVED AS TO FORM
BY:
DR. BRENDA FLOYD, VICE PRESIDENT
FINANCE AND ADMINISTRATION
BY:
S:\Our Do cuments\Contracts\03\TWU Interlocal 2.doc
Page 3
/./
DENTON
£XtlIDIT.
lEGAL DESCRIPTION for an
Dtility Easement out of the
D.B.D. & C.R.R. SURVEYA.185
Denton, Denton County, Texas
~eing eli thet certain tract, parcel, or lot of/end out of the ~.B.B. & £.RoR. SDRVEY A. 18[[, in the City of Denton, Denton
County, Texas described by deeds recorded in Volume 8C Page 42~, Volume /82, Page 20~ and Volume 216, Page 513,
Oecd ~ecords, Oenton County, Texas and more particularly described as follow~:
~EG/NN/NG at a found TXOOT monument in the south right-of-way I/ne of ~niversity Or/ye, ~aid right, of-way line described
in ~o/ume 43~, Page ~072, Oecd Records, Oenton County, Texas;
T~E~C~' · 8~48' ~ a/on9 sa/d south ~ighto{.way I/ne, ~2.0 feet to a point for cornec'
THENCe' leaving said south right.of-way line, ~ 00~2' ~ 2~.0 feet to a point for corner;
THeNCe' S 8~50' ~ 252.~ feet to an angle point for corner;
THEnCe' S 5~08'~ 7Z3 feet to a point fo~ corne~ in the east line of an electric easement as recorded in County Clerk's
File ff 02.~0~288~0, Oenton County, Texas
THEnCe' N 00~52'~ a/on9 ~aid east line {o~a distance of ~ f.5 feet to a point for corner, said point a/so being the easterly
most no,beast corner o/said electric easement;
THeNCe' leaving said east I/ne, N 59°08'~ 86.0 feet to a point for corner in the said sout~ right-o~way line of University
THENCe' N 89~50' E along said south righto~way line, ~ 53.0 feet to a found TXOOT right, of-way monument;
THEnCe' N 00°35'~ 4.~ feet to to t~e POINT OF ~EG/NN/NG and CONTAINING 0.~20 acres of/and more ~r /ess as
surveyed by john nal/jr, rpls ~ I ~70 during the month of November 2002.
See attached Survey Sketch
"Dedicated to ~ttali~ Se~ tce
DENTON
EXHIBIT 'A.I'
lEGAL DESCRIPTIOIV for an
Sanitary Sewer Easement out of the
B.B.B. & C.R,R. SERVEYA.185
Denton, Denton County, Texas
Being ag that certain tract, parcel, or strip e//and out of the B.B.B. & C.R.R. SJ/RVEY A-/gE, in the City of Oeuton, Oenton County,
Texas described by deeds recorded/n Volume 81, Page 429, Volume 182, Page 204, and Volume 21~, Page 513, Deed Records, Benton
County, Texas and more particularly described as fellows:
EEGI~/Afl/~G at a point for corner in a curve e/the north right of way//ne of Oak/and Avenue, from which a found iron bolt for the
center#ne po/nt.of, curvature of said street bears, $ gg°13' W, l !4.5 feet;
THENCE.:/eav/n# eaid north right.of-way//ne, H 42°08' E, 183. ! feet to an angle point;
THEAIEE: N 00°28' W, 194. ! feet to an ang/epo/ncc
THEIVCE: N 17°05',E, $0.8 feet to an angle point;
THEHCE: iV 00°45' E, 352.0 feet to an angle po/ncc
THEIVCE.: E 05°08' W, 302.5 feet to an angle po/ncc
THEHCE: N 23002'E, !0!. ! feet to a po/ut for corn~ in the south//ne of an existing 0. !20 ac. ntg/ty easement;
T/[E/~CE.: /~ 89 °50' E, along said south//ne of a utgity easement, ! g. 8 feet to a point for corner;
THE/VCE: leaving said south//ne, $ 23°02' W, 752.g feet to an angle po/ncc
THEIVCE.: S 05008' E, 300.5 feet to an angle point;
THE/VCE.: S 00°45' W, 334.0 feet to an angle point;
THE/~CE: S 17°09' W, 99.7 feat to an angle po/fit;
THENCE: $ OO°28'E, !98.# feet to an angle po/ncc
THEAICE: S 42°08'W, 793. ! feet to a po/ut for corner in the north//ne of aforesaid Oak/and Avenue, sa/d pe/nt being in a curve to the
/oft, having a delta of 0! °42'and a radius of 302.7 feet, and whose center hears $ 21 °33' ~;
THEHcE.· along ea/d curve to the/eft and w/th ea/d north right-of-way line for an arc d/stance of 10.7 feet to tho PO/H~' OF
DEGIA//VIAfG and CO/VTAI/VI/VG g.2£2 acres of land more or less as surveyed by john nail jr. rpls #!970 d~ri~g~on~ of l~ecember
: ~ om - 0 _ ' ¢'DedicafedtoOjtali~$eroice ~ ~ ~.~,t
~.t,mu,.ci~ofde~lton.cmn -- ~
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DENTON
EXHIBIT 'A.2'
LEGAL DESCRIPTION for an
Temporar~ Constr#ctJon Easement out of
O.~.B. & C.l~.ll. SURVeYS.IX5
Being ail that cedain t~ct, pa~ or strip of/and out of the B.~.A. & C.R,R. S~RV~Y A- 185, in the City o~ Benton, Oenton County, Texas d~cr/b~ by deeds receded in Volume 81, Page 42~,
Vo~me 182, Page 204, and Volume 218, Page SI3, Oeed Reco~s, Oenton County, Texas and mo~ p~/cularly described as fo/lows:
BEGInninG at a point for comer in a cg~e o/the nod~ right of way line of Oak/and ~venue, from w~/c~ a found i~n bg~ for t~e centadine point-of, cu~atore of ~aid street bea~, S 8~[3'~
/14. S feeC
THENCe' leaving said no~ ~ght.o~way I/fie, N 42°08' ~ 183,1 feet to afl angle point
THENCE' ~ OO;2 E' ~ 1941 feet to afl angle po/nC
THENCE: N fl0~45' ~ 332,0 feet to an angle po/nC
THENCE: N 05~08' ~ 302.5 feet to an angle point;
THENCe' E 23 ~02' ~ I SL I feat to a point/of comer iff the sout~ I/ne of afl existing O. 120 ac utility easement
THENCe' N 8~~50' E, along said sout~ Efta of a utEiW easement, ~ O. 9 feet to a point for coro~;
THENCE: leaving sag sout~ gna, E 23~02' ~ ~82.9 feet to an angle paine
THENCE: along said curve to the left and with sai~ north right, of. way//ne far afl arc distance of 58. 0 feet to the POINT OF BEGI~HIII~G an#CO~cr~ef bnd more or bs~ as
~u~eyed byjohfl nag#. ~/~ glET~ du~ng the mont~ of 8acamJer ~082 ;
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