2003-219ORDINANCE NO,-&5 --,-~2 / 2
AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE
CITY OF DENTON, AND CITY OF CORINTH WHICH PERMITS THE CITY OF DENTON
TO LOCATE A WATER REUSE PIPELINE IN A PORTION OF STATE SCHOOL ROAD
UNDER THE JURISDICTION OF THE CITY OF CORINI'H; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Denton and City of Corinth desire to entire into an Encroachment
Agreement permitting the City of Denton to locate a water reuse pipeline in a portion of State
School Road under the jurisdiction of the City of Corinth, in substantially the same form as the
agreement attached hereto and made a part hereof by reference (the "Agreement"); and
WHEREAS, the City Council finds that the Agreement is in the public interest; 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 City Manager, or his designee, is hereby authorized to execute the
Agreement on behalf of the City and to exercise the City's rights and duties under the Agreement,
including the expenditure of funds as provided therein.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /5+/'-day o
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED'AS TO LEG FORM:
HERBERT L, P>?cf~UTY, Y ATTORNEY
BY: ~
EULINE BROCK, MAYOR
,gym
ENCROACHMENT AGREEMENT FOR CROSSING CITY OF
DENTON'S UTILITY EASEMENT FOR DOBBS ROAD
THIS AGREEMENT is made and entered into by and between the City of
Corinth, a home rule municipal corporation in Denton County, Texas, acting herein by
and through its duly authorized City Manager, Michael A. Conduff, 215 East McKinney,
Denton, Texas 76201, the Grantor, hereinafter referred to as the "City," and the City of
Corinth, a home rule municipal corporation in Denton County; Texas, acting herein by
and through its duly authorized City Manager, Kenneth Seale, 2003 S. Corinth Street,
Corinth, Texas 76210, hereinafter referred to as the "Grantee."
WITNESSETH:
1. For and in consideration of Grantee's performance of the covenants
herein contained, and other valuable consideration in the amount of $3,949.56, as paid
in accordance with the provisions of the Encroachment Agreement between the City
and Grantee for State School Road, of even date herewith, City hereby grants to
Grantee permission to encroach upon, use and occupy portions of the public right-of-
way solely for the purpose of constructing and maintaining an 16 inch sewer pipeline to
be located within the Encroachment Area described in the attached "Exhibit A" (Sheet
E2 12" Force Main Exhibit, City of Corinth Lift Station No. 3A, Force Main and Sanitary
Sewers).
2. Grantee shall be responsible for all maintenance and operation in
connection with the encroachment, use, and occupancy. Grantee shall maintain the
Encroachment Area in strict compliance with the Charter, Ordinances and Codes of City
and in accordance with the directions of the Director of Public Works of City, or his duly
authorized representative.
3. The Encroachment Area shall be constructed in such a manner as not to
interfere with the. City facilities and shall be limited to and constructed only in
accordance with the plans and specifications as shown on "Exhibit A" except for such
modifications to the Plans and Specifications that are approved in advance in writing by
the City ("Authorized Modifications"). When referring to the Encroachment Area within
this Agreement, such term shall mean the Encroachment Area constructed in
accordance with the plans and specifications and authorized modifications, if any. The
City of Corinth reserves the right to limit excavation within the Encroachment Area
and/or to require specific construction methods (including trench shoring or dry bore and
casing installation techniques) for any proposed work that may be permitted by this
Agreement. These limitations or construction methods shall be included in the
construction plans and specifications for any work performed within the Encroachment
Area. In addition, the Grantee shall provide adequate inspection and coordination with
the City to insure these items are adhered to by the contractor during construction.
4. Grantee, at no expense to City, shall make proper provision for the
relocation and/or installation of any existing or future utilities affected by such
encroachment, use and occupancy, including the securing of approval and consent from
CADocuments and Settings\pgenglan\My Documents\Corinth Dobbs Road 712.00C Page 1
the utility companies and the appropriate agencies of the State and its political
subdivisions.
5. City may enter and utilize the Encroachment Area at any time for the
purpose of installing or maintaining improvements necessary for the health, safety and
welfare of the public or for any other public purpose. City agrees that before performing
work, except in an emergency situation, City will give Grantee reasonable notice and
opportunity to coordinate its work to prevent unnecessary damage or disruption of the
Encroachment Area. City agrees to use reasonable efforts not to damage or disrupt the
Encroachment Area. However, Grantee agrees that Grantee shall not hold City, its
employees, agents or contractors responsible or liable for damage or disruption of the
Encroaching Area installed by or on behalf of Grantee.
6. It is agreed that the rights, duties, obligations and liabilities herein set forth
shall be personal to Grantee and shall automatically terminate upon the sale,
transference, assignment, or other conveyance to any person or entity not a party to this
Agreement, unless the City gives its written consent to such sale, transfer or
assignment.
7. If the City should at any time during the term hereof determine, in its sole
discretion, to construct public improvements within the Encroachment Area, including
but not being limited to underground, surface or overhead communication, drainage,
water lines, sanitary sewerage, transmission of natural gas or electricity, or any other
public purpose whether presently contemplated or not, then the parties agree as
follows:
a. In the event any proposed installation, reinstallation, relocation or
repair of any existing or future utility or other public improvements owned or constructed
by or on behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance or existence of the Encroachment Area, City shall notify
Grantee of the additional cost, as determined by the engineer's estimate, resulting from
the Encroachment Area. Grantee shall have 30 days to notify City of its agreement to
pay the additional cost. If Grantee fails to so notify the City, the City may cancel and
terminate this Agreement upon notice to Grantee.
b. In the event any installation, reinstallation, relocation or repair of
any existing or future utility or other public improvements owned or constructed by or
behalf o f the public or at public expense requires the Encroachment Area to be
relocated, City shall notify Grantee. If City determines, which determination shall not be
unreasonably withheld, that there is sufficient space within the right-of-way for Grantee
to relocate the Encroachment Area, the notice shall include notification that the Grantee,
if it so elects, shall be required to relocate the Encroachment Area to the location
designated by City within 180 days. Grantee shall notify City within 30 days of its
agreement to relocate, at its sole expense, the Encroachment Area in accordance with
the City's directions. If Grantee fails to so notify the City, the City may terminate and
cancel this Agreement upon notice to Grantee.
8. In the event this Agreement is terminated as provided in Paragraph 7 or
22, Grantee shall, at Grantee's sole expense, remove the Encroachment Area as
C Documents and Settings\pgenglan\My Documents\Corinth Dobbs Road 712.DOC Page 2
required by this Agreement within 11 months after City notifies Grantee of the
termination. City shall not be liable to Grantee for the costs of any such required
removal, nor shall City be under any obligation to provide Grantee with an alternate
location for the Encroachment. No construction by City which interferes with Grantee's
use of the Encroachment Area shall occur until such time period has expired unless
approved in writing by Grantee.
9. Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property in
which a third party may have an interest, and Grantee agrees that it will obtain all
necessary permission before occupying such property.
10. Grantee agrees to comply fully with all applicable federal, state and local
laws, statutes, ordinances, codes or regulations in connection with the construction,
operation and maintenance of said encroachments and uses.
11. Grantee covenants and agrees that it shall operate hereunder as an
independent contractor as to all rights and privileges granted hereunder and not as an
officer, agent, servant or employee of City; that Grantee shall have exclusive control of
and the exclusive right to control the details of its operations, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees; that the
doctrine of respondeat superior shall not apply as between City and Grantee, its
officers, agents, servants, employees, contractors and subcontractors, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Grantee.
12. TO THE EXTENT PERMITTED BY LAW, GRANTEE COVENANTS AND
AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS
AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL
OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),
ARISING OUT OF OR INCIDENT TO THE PRESENCE, CONSTRUCTION,
OPERATION AND MAINTENANCE OF SAID ENCROACHMENT AREA. This
provision is for the sole benefit of the parties hereto and shall not constitute a waiver of
the governmental immunity of City or Grantee.
13. Grantee agrees to maintain public liability insurance covering all public
risks as set forth in this Section 13.
a. Grantee agrees to maintain liability insurance related to all
construction activities related to the Encroachment Area that are performed by an
independent contractor. Grantee shall require its independent contractor to maintain
such insurance coverages in amounts not less than the following:
Property damage, per occurrence $1,000,000
Personal injury or death, per occurrence $1,000,000
QMocuments and Settings\pgenglan\My Documents\Codnth Dobbs Road 712.DOC Page 3
with the understanding of and agreement by Grantee that such insurance amounts shall
be revised upward at City's option (but not in excess of the limits then being required by
the City of other independent contractors doing business with the City) and that Grantee
covenants and agrees to so revise such amounts within thirty (30) days following notice
to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended without at least thirty (30) days prior written notice to City. The
liability insurance policy shall name City, its employees and officers as additional
insureds.
b. Grantee agrees to maintain public liability insurance covering all
public risks related to the proposed use and occupancy of public property as located
and described in the portion of the Encroachment Area being used by Grantee for the
Encroachment Area. The amounts of such insurance shall be not less than the
following:
Property damage, per occurrence $100,000
Bodily injury or death, per occurrence 500,000
with the understanding of and agreement.by Grantee that such insurance amounts shall
be revised to conform to the limits of the Texas Tort Claims Act, in the event the
limitations of liability for municipalities as set forth in the Act are increased. Grantee
covenants and agrees to so revise such amounts within 30 days of the effective date of
any such amendment.
C. Grantee shall provide to City a copy of an endorsement to
Grantee's, or as applicable, Grantee's contractor's liability policy wherein either City, its
officers and employees; are named therein as an additional insured or blanket coverage
is provided for all persons or organizations required to be "additional insureds" by
written contract.
. d. The amount of all required insurance policies is not deemed to be a
limitation on Grantee's agreement to indemnify and hold harmless City.
e. City will accept self-insurance for the coverages provided by
Grantee (but not Grantee's contractor) as set forth above in the event that Grantee
demonstrates, to the satisfaction of the City's Director of Finance, proof of such self-
insurance in the coverages set forth above.
14. Grantee covenants and agrees to maintain the Encroachment Area
described in Exhibit "A" attached hereto in a neat, safe and attractive condition at all
times.
15. All notices, demands, requests or replies provided for or permitted by this
Agreement shall be in writing to the addresses stated in the Preamble hereof and may
be delivered by any one of the following methods: (1) by personal delivery; (2) by
deposit with the United States Postal Service as certified or registered mail, return
receipt requested, postage prepaid to the addresses stated below; or (3) by deposit with
an overnight express delivery service.
CADocuments and Settings\pganglan\My Documents\Codnth Dobbs Road 712.DOC Page 4
Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective one (1) business day after deposit with the U. S: Postal
Service, or notice by overnight express delivery service shall be deemed effective one
(1) business day after transmission to the overnight express carrier.
16. This Agreement and the exhibits incorporated and attached constitute the
entire agreement between the City and Grantee for the uses granted. All other
agreements, promises and representations with respect thereto, unless contained in this
Agreement, are expressly revoked, as it is the intention of the parties to provide for a
complete understanding, within the provisions of this document, and the exhibits
incorporated and attached hereto, of the terms, conditions, promises, and covenants
relating to Grantee's use of the Encroachment Area. The unenforceability, invalidity, or
illegality of any provision of this Agreement shall not render the other provisions
unenforceable, invalid, or illegal.
17. No waiver of any covenant or condition or of the breach of any covenant
or condition of this Agreement shall be taken to constitute a waiver of any subsequent
breach of the covenant or condition nor to justify or authorize the nonobservance on any
other occasion of the same or any other covenant or condition hereof. Any waiver or
indulgence of Grantee's default will not be considered an estoppel against City.
18. Grantee and City agree that this Agreement shall not be construed against
either party, it being understood that both parties contributed to the preparation of this
Agreement.
19. The City will not be responsible for any costs of construction, operation
and maintenance of Grantee's Encroachment Area. It is further agreed that the City
shall not be liable for any damage to the Encroachment Area as a result of the City's
use pursuant to its easements. If any City property is damaged or destroyed by
Grantee, its agents, contractors, or employees, and an emergency situation exists, the
City shall provide notice to Grantee and may repair or replace the damaged property at
Grantee's expense, and payment is due upon Grantee's receipt of an invoice from the
City. The parties agree that an emergency situation exists if the situation could not be
reasonably anticipated, and imminent harm to property or persons exists if repair is not
immediately commenced. If such damage to City property occurs and an emergency
situation does not exist, City shall notify Grantee of such damage, and provide Grantee
an opportunity to repair the damage. If Grantee fails to do so within a reasonable time,
City shall make the repairs at Grantee's expense.
20. Blasting is not permitted on the Encroachment Area or adjacent areas.
21. Grantee shall perform such grading as necessary in order to leave the
Encroachment Area and easements and right-of-way areas in as near as possible to
present condition. Spoil dirt and all trash shall be removed from these areas. The
Encroachment Area and City easements and right-of-way shall be protected from
washing and erosion by a method approved by the City.
22. It is understood and agreed that, in case of default by Grantee or its agents
in any of the terms and conditions herein stated and such default continues for a period
CADocuments and SettingstpgenglanWy Documents\Corinth Dobbs Road 712.00C Page 5
of thirty (30) days after the City notifies Grantee in writing of such default, the City may
at its election terminate this Agreement and upon such termination, all of Grantee's
rights hereunder shall cease and come to an end. This Agreement shall also terminate
upon the abandonment of the Encroachment Area.
EXECUTED this 6-L day of 2003.
CITY OF DENTON, GRANTOR TY O ORINTH, GRANTEE
Mi ael Conduff, C y Managerlvc~
Return to:
Ms. Kim Pence
City Secretary
City of Corinth
2003 S. Corinth
Corinth, Texas 76210
APPROVED AS 10 =vi r
CITY ATTORNEY
CITY 0 TON, TE) AS
BY: ~
Kenneth Seale, City Manager
CMocuments and SettingsApgenglan\My DocumentMCodnth Dobbs Road 712.DOC Page 8
STATE OF TEXAS §
COUNTY OF DENTON §
,~Di.1 E Fe{,uy~
BEFORE ME, on this day personally appeared known to me (or proved to
me on the oath of or through Okwatcs pie E. LCC (description of identity card or
other document) to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that Wshe is the duly authorized City Manager of the City of Denton and that
(99/she executed same on behalf of said corporation for the purposes and consideration therein
expressed and in the capacity therein stated.
G VEN UNDER MY HAND AND SEAL OF OFFICE, this the ,day of
2003.
feFpl t - ti ot1Q ary Public and for the grate of Texas
LINDA HOLLEY
Notary Public
State of Texas
My Comm. Exp. 12.00! 2®R
STATE OF TEXAS §
COUNTY OF DENTON §
Type or Print Notary's Name
My Commission Expires: ~~-0~'~aO6 t'
BEFORE ME, on this day personally appeared Kenneth Seale known to me (or proved to me on
the oath of or through (description of identity card or other
document) to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that he is the duly authorized City Manager of the City of Corinth, and that he
executed same on behalf of said corporation for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
, 2003.
[SEAL] Notary Public in and for the State of Texas
or Print Notary's Name
My Commission Expires:
day of
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ENCROACHMENT AGREEMENT FOR CROSSING CITY OF
DENTON'S UTILITY EASEMENT FOR THE CORINTH LIFT STATION 3A PROJECT
THIS AGREEMENT is made and entered into by and between the City of
Corinth, a home rule municipal corporation in Denton County, Texas, acting herein by
and through its duly authorized City Manager, Michael A. Conduff, 215 East McKinney,
Denton, Texas 76201, the Grantor, hereinafter referred to as the "City," and the City of
Corinth, a home rule municipal corporation in Denton County, Texas, acting herein by
and through its duly authorized City Manager, Kenneth Seale, 2003 S. Corinth Street,
Corinth, Texas 76210, hereinafter referred to as the "Grantee."
WITNESSETH:
1. For and in consideration of Grantee's performance of the covenants
herein contained, and other valuable consideration in the amount of $665.16, as paid in
accordance with the provisions of the Encroachment Agreement between the City and
Grantee for State School Road, of even date herewith, City hereby grants to Grantee
permission to encroach upon, use and occupy portions of the public right-of-way solely
for the purpose of constructing and maintaining an 18 inch sewer pipeline located within
the Encroachment Area described in the attached "Exhibit A" (Sheet E1 12" Force Main
Exhibit, City of Corinth Lift Station No. 3A, Force Main and Sanitary Sewers).
2. Grantee shall be responsible for all maintenance and operation in
connection with the encroachment, use, and occupancy. Grantee shall maintain the
Encroachment Facility in strict compliance with the Charter, Ordinances and Codes of
City and in accordance with the directions of the Director of Public Works of City, or his
duly authorized representative.
3. The Encroachment Facility shall be constructed in such a manner as not
to interfere with the City facilities and shall be limited to and constructed only in
accordance with the plans and specifications shown on "Exhibit A" except for such
modifications to the Plans and Specifications that are reproved in advance in writing by
the City ("Authorized Modifications"). When referring to the Encroachment Facility
within this Agreement, such term shall mean the Encroachment Facility constructed in
accordance with the plans and specifications and authorized modifications, if any. The
City of Corinth reserves the right to limit excavation within the Encroachment Area
and/or to require specific construction methods (including trench shoring or dry bore and
casing. installation techniques) for any proposed work that may be permitted by this
Agreement. These limitations or construction methods shall be included in the
construction plans and specifications for any work performed within the Encroachment
Area. In addition, the Grantee shall provide adequate inspection and coordination with
the City to insure these items are adhered to by the contractor during construction.
4. Grantee, at no expense to City, shall make proper provision for the
relocation and/or installation of any existing or future utilities affected by such
encroachment, use and occupancy, including the securing of approval and consent from
the utility companies and the appropriate agencies of the State and its political
subdivisions.
Mocuments and Setbngatpgenglan%My DocumentatCorlnthProctor 711.doc Page 1
5. City may enter and utilize the Encroachment Area at any time for the
purpose of installing or maintaining improvements necessary for the health, safety and
welfare of the public or for any other public purpose. City agrees that before performing
work, except in an emergency situation, City will give Grantee reasonable notice and
opportunity to coordinate its work to prevent unnecessary damage or disruption of the
Encroachment Facility. City agrees to use reasonable efforts not to damage or disrupt
the Encroachment Facility. However, Grantee agrees that Grantee shall not hold City,
its employees, agents or contractors responsible or liable for damage or disruption of
the Encroaching Facility installed by or on behalf of Grantee.
6. It is agreed that the rights, duties, obligations and liabilities herein set forth
shall be personal to Grantee and shall automatically terminate upon the sale,
transference, assignment, or other conveyance to any person or entity not a party to this
Agreement, unless the City gives its written consent to such sale, transfer or
assignment.
7. If the City should at any time during the term hereof determine, in its sole
discretion, to construct public improvements within the Encroachment Area, including
but not being limited to underground, surface or overhead communication, drainage,
water lines, sanitary sewerage, transmission of natural gas or electricity, or any other
public purpose whether presently contemplated or not, then the parties agree as
follows:
a. In the event any proposed installation, reinstallation, relocation or
repair of any existing or future utility or other public improvements owned or constructed
by or on behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance or existence of the Encroachment Facility, City shall notify
Grantee of the additional cost, as determined by the engineer's estimate, resulting from
the Encroachment Facility. Grantee shall have 30 days to notify City of its agreement to
pay the additional cost. If Grantee fails to so notify the City, the City may cancel and
terminate this Agreement upon notice to Grantee.
b. In the event any installation, reinstallation, relocation or repair of
any existing or future utility or other public improvements owned or constructed by or
behalf o f the public or at public expense requires the Encroachment Facility to be
relocated, City shall notify Grantee. If City determines, which determination shall not be
unreasonably withheld, that there is sufficient space within the right-of-way for Grantee
to relocate the Encroachment Facility, the notice shall include notification that the
Grantee, if it so elects, shall be required to relocate the Encroachment Facility to the
location designated by City within 180 days. Grantee shall notify City within 30 days of
its agreement to relocate, at its sole expense, the Encroachment Facility in accordance
with the City's directions. If Grantee fails to so notify the City, the City may terminate
and cancel this Agreement upon notice to Grantee.
8. In the event this Agreement is terminated as provided in Paragraph 7 or
22, Grantee shall, at Grantee's sole expense, remove the Encroachment Facility as
required by this Agreement within 11 months after City notifies Grantee of the
termination. City shall not be liable to Grantee for the costs of any such required
CADocuments and SetgngatpgenglenVdy DocumentstCorinthProctor 711.doc Page 2
removal, nor shall City be under any obligation to provide Grantee with an alternate
location for the Encroachment. No construction by City which interferes with Grantee's
use of the Encroachment Area shall occur until such time period has expired unless
approved in writing by Grantee.
9. Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property in
which a third party may have an interest, and Grantee agrees that it will obtain all
necessary permission before occupying such property.
10. Grantee agrees to comply fully with all applicable federal, state and local
laws, statutes, ordinances, codes or regulations in connection with the construction,
operation and maintenance of said encroachments and uses.
11. Grantee covenants and agrees that it shall operate hereunder as an
independent contractor as to all rights and privileges granted hereunder and not as an
officer, agent, servant or employee of City; that Grantee shall have exclusive control of
and the exclusive right to control the details of its operations, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees; that the
doctrine of respondeat superior shall not apply as between City and Grantee, its
officers, agents, servants, employees, contractors and subcontractors, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Grantee.
12. TO THE EXTENT PERMITTED BY LAW, GRANTEE COVENANTS AND
AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS
AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL
OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),
ARISING OUT OF OR INCIDENT TO THE PRESENCE, CONSTRUCTION,
OPERATION AND MAINTENANCE OF SAID ENCROACHMENT FACILITY. This
provision is for the sole benefit of the parties hereto and shall not constitute a waiver of
the governmental immunity of City or Grantee.
13. Grantee agrees to maintain public liability insurance covering all public
risks as set forth in this Section 13.
a. Grantee agrees to maintain liability insurance related to all
construction activities related to the Encroachment Facility that are performed by an
independent contractor. Grantee shall require its independent contractor to maintain
such insurance coverages in amounts not less than the following:
Property damage, per occurrence $1,000,000
Personal injury or death, per occurrence $1,000,000
C:\Documents and Settlngs\pgenglanft Documents\Corinffroctor 711.doc Page 3
with the understanding of and agreement by Grantee that such insurance amounts shall
be revised upward at City's option (but not in excess of the limits then being required by
the City of other independent contractors doing business with the City) and that Grantee
covenants and agrees to so revise such amounts within thirty (30) days following notice
to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended without at least thirty (30) days prior written notice to City. The
liability insurance policy shall name City, its employees and officers as additional
insureds.
b. Grantee agrees to maintain public liability insurance covering all
public risks related to the proposed use and occupancy of public property as located
and described in the portion of the Encroachment Area being used by Grantee for the
Encroachment Facility. The amounts of such insurance shall be not less than the
following:
Property damage, per occurrence $100,000
Bodily injury or death, per occurrence 500,000
with the understanding of and agreement by Grantee that such insurance amounts shall
be revised to conform to the limits of the Texas Tort Claims Act, in the event the
limitations of liability for municipalities as set forth in the Act are increased. Grantee
covenants and agrees to so revise such amounts within 30 days of the effective date of
any such amendment.
C. Grantee shall provide to City a copy of an endorsement to
Grantee's, or as applicable, Grantee's contractor's liability policy wherein either City, its
officers and employees, are named therein as an additional insured or blanket coverage
is provided for all persons or organizations required to be "additional insureds" by
written contract.
d. The amount of all required insurance policies is not deemed to be a
limitation on Grantee's agreement to indemnify and hold harmless City.
e. City will accept self-insurance for the coverages provided by
Grantee (but not Grantee's contractor) as set forth above in the event that Grantee
demonstrates, to the satisfaction of the City's Director of Finance, proof of such self-
insurance in the coverages set forth above.
14. Grantee covenants and agrees to maintain the Encroachment Area
described in Exhibit "A" attached hereto in a neat, safe and attractive condition at all
times.
15. All notices, demands, requests or replies provided for or permitted by this
Agreement shall be in writing to the addresses stated in the Preamble hereof and may
be delivered by any one of the following methods: (1) by personal delivery; (2) by
deposit with the United States Postal Service as certified or registered mail, return
receipt requested, postage prepaid to the addresses stated below; or (3) by deposit with
an overnight express delivery service.
Q%DocumaMS and SeWngsNpgenglan%My DocumentMCorinthProctor 711.doc Page 4
Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective one (1) business day after deposit with the U. S. Postal
Service, or notice by overnight express delivery service shall be deemed effective one
(1) business day after transmission to the overnight express carrier.
16. This Agreement and the exhibits incorporated and attached constitute the
entire agreement between the City and Grantee for the uses granted. All other
agreements, promises and representations with respect thereto, unless contained in this
Agreement, are expressly revoked, as it is the intention of the parties to provide for a
complete understanding, within the provisions of this document, and the exhibits
incorporated and attached hereto, of the terms, conditions, promises, and covenants
relating to Grantee's use of the Encroachment Area. The unenforceability, invalidity, or
illegality of any provision of this Agreement shall not render the other provisions
unenforceable, invalid, or illegal.
17. No waiver of any covenant or condition or of the breach of any covenant
or condition of this Agreement shall be taken to constitute a waiver of any subsequent
breach of the covenant or condition nor to justify or authorize the nonobservance on any
other occasion of the same or any other covenant or condition hereof. Any waiver or
indulgence of Grantee's default will not be considered an estoppel against City.
18. Grantee and City agree that this Agreement shall not be construed against
either party, it being understood that both parties contributed to the preparation of this
Agreement.
19. The City will not be responsible for any costs of construction, operation
and maintenance of Grantee's Encroachment Facility. It is further agreed that the City
shall not be liable for any damage to the Encroachment Facility as a result of the City's
use pursuant to its easements. If any City property is damaged or destroyed by
Grantee, its agents, contractors, or employees, and an emergency situation exists, the
City shall provide notice to Grantee and may repair or replace the damaged property at
Grantee's expense, and payment is due upon Grantee's receipt of an invoice from the
City. The parties agree that an emergency situation exists if the situation could not be
reasonably anticipated, and imminent harm to property or persons exists if repair is not
immediately commenced. If such damage to City property occurs and an emergency
situation does not exist, City shall notify Grantee of such damage, and provide Grantee
an opportunity to repair the damage. If Grantee fails to do so within a reasonable time,
City shall make the repairs at Grantee's expense.
20. Blasting is not permitted on the Encroachment Area or adjacent areas.
21. Grantee shall perform such grading as necessary in order to leave the
Encroachment Area and easements and right-of-way areas in as near as possible to
present condition. Spoil dirt and all trash shall be removed from these areas. The
Encroachment Area and City easements and right-of-way shall be protected from
washing and erosion by a method approved by the City.
22. It is understood and agreed that, in case of default by Grantee or its agents
in any of the terms and conditions herein stated and such default continues for a period
CADocuments and Settingslpgenglan\My Documents\CorinthProctor 711.doc Page 5
of thirty (30) days after the City notifies Grantee in writing of such default, the City may
at its election terminate this Agreement and upon such termination, all of Grantee's
rights hereunder shall cease and come to an end. This Agreement shall also terminate
upon the abandonment of the Encroachment Facility.
EXECUTED this day of 2003.
CITY OF DENTON, GRANTOR
Mi ael A onduff, Ci Manager
CITY OF CORINTH, GRANTEE
Kenneth Seale, City Manager
Return to:
Ms. Kim Pence
City Secretary
City of Corinth
2003 S. Corinth
Corinth, Texas 76210
APPROVED AS TO FORM:
CITY ATTOR
CITY OF D N, E
BY:
CADocuments and 8etdngs\pgeng1anU4y Documents%CorinthProctor 711.doc Paget;
STATE OF TEXAS
COUNTY OF DENTON
30,J E raQrswF
BEFORE ME, on this day personally appeared Mishael-A-Ceadnf€, known to me (or proved to me
on the oath of or through mier✓rn4 4-ic.6-,iso (description of identity card or other
document) to be the perso and officer whose name i ~~g uhscribed to the foregoing instrument and
s knowledged to me that hshe is the duly authorizeyTManager of the City of Denton and that
he executed d same on behalf of said corporation for the purposes and consideration therein
expressed and in the capacity therein stated.
IVEN UNDER MY
2003.
HAND AND SEAL OF OFFICE, this the .22a2a
, day of
[SEAL]
LINDA HOLLEY
Notary Public
State of Texas
r My Comm. Exp. 12.08-2005
STATE OF TEXAS
COUNTY OF DENTON
Notary Public in and for a State of Texas
1.1' OA 64u.ey
Type or Print Notary's Name
My Commission Expires: y1,0 P~
BEFORE ME, on this day personally appeared Kenneth Seale known to me (or proved to me on
the oath of or through (description of identity card or other
document) to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that he is the duly authorized City Manager of the City of Corinth, and that he
executed same on behalf of said corporation for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 2003.
[SEAL] Notary Public in and for the State of Texas
Type or Print Notary s Name
My Commission Expires:
C:Vocuments and SettingetpgenglanWy Documents\CorinthProctor 711.doc Page 7
n EXHIBIT A
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LINE "C" SANITARY SEWER
EXHIBIT
HOm
CITY OF CORINTH aDd As
end ASwciales, Inc.
LIFT STATION NO. 3A, FORCE MAIN
AND SANITARY SEWERS
ENGINEERING DEPARTMENT
• CITY HALL EAST 601 E. HICKORY, SUITE B DENTON, TEXAS 76201
• (940) 349-8910 • FAX (940) 349-8951 • METRO (972) 434-2529
June 9, 2003
Mr. Mike Fairfield
Director of Public Utilities
City of Corinth
1200 North Street
Corinth, Texas 76208
RE: Trails License and Encroachment Agreement (the "Agreement").
Dear Mr. Fairfield:
I have been informed that Oncor is requesting permission to construct electric distribution
lines across the City of Denton's trail system in the City of Corinth to provide electric service for
the City of Corinth's new city hall. You understand that such permission requires City Council
approving from Denton. However, you indicate that Corinth has an urgent need for the electric
facilities. You desire to move forward with the understanding if Denton City Council approval is
not received, the City of Corinth will immediately remove all of its facilities at its sole expense.
You are given permission to locate your electric facilities within the Encroachment Area
as described in the enclosed Agreement (the "Encroachment Area"), subject to the following
terms and conditions:
1. Return three original counterparts of the Agreement executed by an authorized
representative of the City of Corinth and Oncor before a notary public and return to City of
Denton before entering upon the Encroachment Area.
2. Deliver a check in the amount of Four Thousand Five Hundred Fifty Two Dollars
and No Cents ($4,552.00) to the City of Denton for the License fee provided for in the Agreement
before entering upon the Encroachment Area.
3. Deliver an insurance certificate or certificates in compliance with the Agreement
to the City of Denton before entering upon the Encroachment Area.
4. Meet with City of Denton Electric and Utility Department staff to coordinate
construction activities before entering upon the Encroachment Area.
Agreement.
The City of Corinth and Oncor will comply with all terms and conditions of the
"Dedicated to Quality Service"
www.cityofdenton.com
6. The proposed use by Oncor of the Encroachment Area must comply with the
requirements of Chapter 26 of the Parks and Wild Life Code, which includes a public hearing
before the Denton City Council.
7. The Agreement must receive Denton City Council approval.
Should any of the above terms and conditions not be met, the City of Corinth will at its
sole expense, remove all of its facilities and improvements constructed within the Encroachment
Area.
Please sign and date a copy of this letter and return as evidence of the City of Corinth's
agreement to the above terms and conditions. Please coordinate all activities and send all
executed documents and checks through the City of Denton Engineering Department, Attention:
Pamela England, 601 Ease Hickory Street, Suite b, Denton, Texas 76205.
Sincerely,
AGREED:
Jon Fortune
Assistant City Manager
City of Corinth
By: Date:
AGREED:
Oncor Electric Delivery Company
By. Date: 7-15--03
TRAILS LICENSE AND ENCROACHMENT AGREEMENT
WHEREAS, Oncor Electric Delivery Company, a Texas corporation (hereinafter
referred to as Licensee), by and through its undersigned authorized officer, has
requested permission to use an area within the boundaries of one or more existing
City of Denton (the "City") public utility easements ("City Easements") and the City's
Trail System as defined below, located in Denton County, Texas for the installation of
electric utility lines and appurtenances (the "Encroaching Facility"); and
WHEREAS, the Encroaching Facility will be located within that portion of the
City Easements and City Trail System more particularly described as 0.065 acre and
0.011 acre parcels in Exhibit "A" attached hereto and made a part hereof by
reference (the "Encroachment Area"); and
WHEREAS, the City of Corinth ("Corinth") has entered into this agreement to
set forth certain responsibilities that it has under this Agreement; and
WHEREAS, The City of Denton, Texas ("City") hereby grants permission and
license to Licensee to the locate, maintain and repair the Encroaching Facility within
the Encroachment Area, subject to the following terms and conditions:
1. It is understood and agreed that the City only holds easement interests for the
City Easements portion of the Encroachment Area. Therefore, Licensee is responsible
to obtain whatever rights and permission, other than the City's, that are necessary
from any others having an interest in the Encroachment Area. This agreement shall
extend to and be binding upon Licensee and its heirs, successors, and assigns, and is
not to be interpreted as a waiver of any rights held by the City under the City's Trail
System or City Easements.
2. The Encroaching Facility shall be constructed in such a manner as not to
interfere with the City facilities and shall be limited to and constructed only in
accordance with the plans and specifications previously submitted to City by
Licensee, a copy of which is attached hereto and made a part hereof as Exhibit "B"
(the "Plans and Specifications"), except for such modifications to the Plans and
Specifications that are approved in advance in writing by the City ("Authorized
Modifications"). When referring to the Encroaching Facility within this agreement such
term shall mean the Encroaching Facility constructed in accordance with the Plans
and Specifications and Authorized Modifications, if any. The City reserves the right to
limit excavation within the Encroachment Area and/or to require specific construction
methods (including trench shoring or dry bore and casing installation techniques) for any
proposed utility work that may be permitted by this agreement. These limitations or
construction methods shall be included in the construction plans and specifications for any
work performed within the Encroachment Area. In addition, the Licensee shall provide
adequate inspection and coordination with the City to insure these items are adhered to by
the contractor during construction.
3e The Encroaching Facility is subordinate to the City's facilities and rights under
City Easements and the City's Trail System, including without limitation, utilities
and trail facilities located now or-in the future within the Encroachment Area. In the
event the City repairs, expands, or adds to its facilities within the Encroachment Area,
and in the City's sole opinion it is necessary that the Encroaching Facilities be
modified, removed or relocated, in whole or in part, to accommodate such repairs,
expansion or addition, Licensee shall, at its sole cost, modify, remove or relocate the
Encroaching Facility, as directed by the City, no later than 120 days after City gives
Licensee written notice.
4. Licensee shall defend, indemnify and hold harmless the City, its employees and
agents from and against any and all claims, expenses, (including attorney fees),
damages, losses and judgments arising out of or incident to the presence,
construction, operation and maintenance of the Encroaching Facility. Before
performing any work within the Encroachment Area, Licensee and its agents or
contractors shall provide to the City such certificate or certificates of insurance
complying with the City's insurance requirements set forth in Exhibit "C" attached
hereto and made a part hereof by reference.
5. User will limit the cuts needed in the Encroachment Area crossing zones
required for construction of the Encroaching Facility to prevent construction
equipment from damaging existing City facilities or public utilities located within the
Encroachment Area and adjacent areas.
6. Use of dragline or other boom-type equipment in connection with any work to
be performed on or within the Encroachment Area by User, its employees, agents,
representatives or contractors must comply with Chapter 752, Texas Health and
Safety Code, the National Electrical Safety Code and any other applicable safety or
clearance requirements. Notwithstanding anything to the contrary herein, in no event
shall any equipment be within fifteen feet of the Denton Municipal Electric facilities.
7. It is expressly understood and agreed that if the Encroachment Area has
transmission or distribution facilities located thereon, User shall not place upon the
premises, any improvements including but not limited to, building, light standards,
fences, shrubs, trees or signs unless approved in writing by the City.
8. It is agreed that no trash dumpsters, toxic substances or flammable material
will be allowed on or in the Encroachment Area.
9. The City will not be responsible for any costs of construction, operation and
maintenance of Licensee's Encroaching Facility. It is further agreed that the City shall
C:\Documents and Settings \pgenglan \My Documents \Corinth Encroachment Agreement City Hall.DDC Page 2
not be liable for any damage to the Encroaching Facility as a result of the City's use
pursuant to its easements. If any City property is damaged or destroyed by Licensee
or its agents it may be repaired or replaced by the City at Licensee's expense and
payment is due upon Licensee's receipt of an invoice from the City.
10. Blasting is not permitted on the Encroachment Area or adjacent areas.
11. Grading, if any, shall be done in order to leave the Encroachment Area and
easements and right-of-way areas in as near as possible to its present condition.
Spoil dirt and all trash shall be removed from these areas. Slopes, if any, shall be
graded so that City vehicles may traverse the Encroachment Area and easements
areas when required to maintain the City facilities.
12. The Encroachment Area and City easements and right-of-way shall be
protected from washing and erosion by a method approved by the City.
13. Construction equipment and materials shall not be stored on the Encroachment
Area or easements or right-of-way areas during construction.
15. It is understood and agreed that, in case of default by Licensee or its agents in
any of the terms and conditions herein stated and such default continues for a period
of ten (10) days after the City notifies Licensee of such default, the City may at its
election forthwith terminate this agreement and upon such termination all of
Licensee's rights hereunder shall cease and come to an end. This agreement shall
also terminate upon the abandonment of the Encroaching Facility.
16. A portion of the Encroachment Area is within the City's Trail System (Ithe
"City's Trail System") established under that certain Line Sale Contract described
below. This agreement and the Licensee's rights hereunder are subject to the
reversionary rights and privileges of Missouri Pacific Railroad Company, and its
successors and assigns (the "Railroad") and the City of Denton set forth in the Line
Sale Contract between the Railroad and the City of Denton dated July 2, 1993,
adopted pursuant to City of Denton Ordinance No. 93-177 and limited by 16 U.S.C.
1247 (d), section 8(d) of the National Trail System Act and this agreement is also
subject to easements and licenses of record and the City's perpetual and superior
right to maintain a trail system and expand the type and number of public utilities
within the Encroachment Area. In the event the Railroad exercises its reversionary
rights, this Agreement at the election of the City of Denton, will terminate and be of
no further force and effect. In such event, the Licensee, if required to do so by the
City, shall remove the Encroaching Facility at expense of Corinth within 120 days
after receiving written notice from the City.
17. In consideration of this license agreement, Corinth has paid to the City the sum
of Four Thousand Five Hundred Fifty Two Dollars and No Cents ($4,552.00).
C:\Documents and Settings \pgenglan \My Documents \Corinth Encroachment Agreement City Hall.DOC Page 3
18. This agreement shall be construed under the laws of the State of Texas and is
fully performable in Denton County, Texas.
Dated to be effective as of the/C7' day of '2003.
CITY OF DENTON, TEXAS
BY: C
UMIC EL A COI UFF
CI MANAGE
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: N-41 III IA
APPROVED AS TO FORM:
HERBERT L. PRO TY, CITY ATTORNEY
BY:
ONCOR ELECTRIC DELIVERY COMPANY
BY: z
Name:
Project Manager
3100 South Garrison
Corinth, Texas 76205
C:\Documents and Settings \pgenglan \My Documents \Corinth Encroachment Agreement City Hall.DOC Page 4
CITY OF CORINTH
BY: r
CITY MANAGER
ATTEST:
CITY SECRETARY
BY: ACk-
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This ' st mygn was`acknc~r iedged before me on 2003
. I D ('Z26lss"~•rr
by-..,.e..ae___..._~___a,,; City Manager of the City of Denton, Tee as, on behalf of
such municipality.
LINDA HOLLEY
ota y Public in and forte State of Texas Notary Public
y State of Texas
o My Comm. Exp. 12.08-2005
My Commission Expires:
ACKNOWLEDGEMENT
THE STATE OF §
COUNTY OF §
This ' tru en was acknowledged bef a me on 07.17 -03 , 2003
By ~aSad~, f72oTEGT.Fwrss6rt, of the Oncor
Elect is D livery Company, a Texas corporation, on behalf of said corporation.
Notary Pubirc Fn and for the State of
My Commission Expires:
~~int llAhU ~.nj~ apZ~~
KINERLY D. PENCE
s • C: and uments \Corinth Encroachment Agreement City Hall DOC Page 5
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OFDENTON §
This Instrum was eknowledged before me on - f'/6%D3 ,2003
ty Manager of the City of Corinth, Texas, on behalf of
Notary Publik-0 and for th State of Texas
My Commission Expires: QDD'7
MyCO MISSION Ohm Hi Es
: denuary23,2DD7
C:\Documents and Settings \pgengl an \My Documents \Corinth Encroachment Agreement City Hall.DOC Page 6
EXHIBIT A
PAGE I OF 4
LEGAL DESCRIPTION
Oncor Electric Easement
"Dalhoma Trail" Crossing
0.065 Acres
Being all that certain lot, tract or parcel of land situated in the 1. P. Walton Survey, Abstract
Number 1789, City of Corinth, Denton County, Texas, being part of that certain tract of land
described in deed to the City of Denton (Dalhoma Trail Tract) recorded in Clerk's File Number
93-R0058485 of the Real Property Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 'h" capped rebar (G & A) found on the east line of said City of Denton
(Dalhoma Trail) tract, being on the south right-ofway line of Corinth Parkway, and being the
northwest comer of that certain called 5.000 acre tract of land described in deed to the City of
Corinth recorded in Volume 4708, Page 1482 of the Real Property Records of Denton County,
Texas, and being in a curve to the left;
THENCE Southeasterly, along the east line of said Dalhoma Trail and the west line of said City
of Corinth tract and with the arc of said curve having a radius of 1937.96 feet, a central angle of
00°32'27", whose chord bears S 52°44'58" E, 18.29 feet, an arc length of 18.29 feet;
THENCE S 19°28'46" E. 171.86 feet, to a point on the west line of said Dalhoma Trail and the
cast line of that certain tract of land described in deed to Shirley Ana Enlow recorded in Volume
733. Page 161 of the Deed Records of Denton County, Texas, and being in a curve to the right;
THENCE Northwesterly, along the west line of said Dalhoma Trail, the east line of said Enlow
tract and with the arc of said curve, having a radius of 2037.96 feet, a central angle of 00 °41'50",
whose chord bears N 56°42'07" W, 24.80 feet, an arc length of 24.80 feet;
THENCE N 19°28'46" W, 154.84 feet;
THENCE S 58°44'39" W, 21.58 feet;
THENCE N 31 '15'21" W, 10.76 feet;
THENCE N 57°40'29" E, 29.02 feet, to the POINT OF BEGINNING and containing
approximately 0.065 acres of land.
k, :02119ocwPd
,jt*vt n
s-7-03
EXHIBIT A
PAGE 2 OF 4
N 57'40'2
29.02'
N 31°15'21"
106'
'S 58'44'39" E
21.58'
City of Denton
93-ROO58485
1 P~
Approx. locoton /
of W.L.
/
0°32'27" /
N 19'28'46" IV
154.84' -
R= 37.96' /
18.29'
CD=S 52°44'58" E/ 5.000 Acres
CL=1819' / City of Corinth
4708/1482
Approx. locolion
\ of Power Line
PP
Approx. location on of
\ Underground Elec. Coble
\ \
\ P
S 19'28' 46" E \
171.8 \
Approx. location \
of W.L. \ ` \ \ \
Shirley Ann Enlow \
Vol. 733, Pg. 161 `
-%%F// EXHIBIT
OPq A 00°41'50" for
"*S;4,,3.d' L=24.80'96 OEasemlentric
t CD=N 56'42'07" IV
KENT 479MeOBLEY CL=24.80' 006'In heres
C of o~~
J.P. WALTON SURVEY, ABSTRACT NO. 1389
CITY OF CORINTH
DENTON COUNTY, TEXAS
o
0 3 G &A Co nsultanG Inc.
CIVII.ENGU41T-MG
LAND SURVECING
LANDSCAPE ARC=C=
Pbooe (97J7 4363/12 " Fex (972)43&9715
P.O. Ux 1399 ° LcwilwiDc, Terns 75W
9corings based on plat I DRAWN BT: C.H. DATE: 05/01/03 SCALE: 1 =40' JOB. NO. 02119
EXHIBIT A
PAGE 3 OF 4
LEGAL DESCRIPTION
Oncor Electric Easement
Part of City of Corinth Tract
0.011 Acres
Being all that certain lot, tract or parcel of land situated in the J. P. Walton Survey, Abstract
Number 1389, City of Corinth, Denton County, Texas, being part of that certain called 5.000 acre
tract of land described in deed to the City of Corinth recorded in Volume 4708, Page 1482 of the
Real Property Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a'/s" capped rebar (G & A) found at the northwest comer of said City of
Corinth tract, being on the south right-of-way line of Corinth Parkway and being on the east line
of that certain tract of land described in deed to the City of Denton (Dalhoma Trail Tract)
recorded in Clerk's File Number 93-R0058485 of the Real Property Records of Denton County,
Texas, and being in a curve to the right,
THENCE Northeasterly, along the north line of said City of Corinth (tact, the south right-of-way
line of Corinth Parkway and with the arc of said curve having a radius of 2400.00 feet, a central
angle of 00°46'03", whose chord bears N 58°24'18" E, 32.15 feet, an arc length of 32.15 feet, to
a point on the east line of a utility easement, being in a curve to the Jell;
THENCE Southeasterly, along the east line of said utility easement and with the arc of said
curve having a radius of 1907.96 feet, a central angle of 00°29'08", whose chord bears S
53°03'57' E, 16.17 feet, an arc length of 16.17 feet;
THENCE S 58°32'43" W, 32.28 feet, to a point on the west line of said City of Corinth tract and
the east line of Dalhoma Trail, being in a curve to the right;
THENCE Northwesterly, along the west line of said City of Corinth tract, the east line of said
Dalhoma Trail and with the arc of said curve having a radius of 1937.96 feet, a central angle of
00°28'28", whose chord bears N 52°42'58" W, 16.05 feet, an arc length of 16.05 feet, to the
POINT OF BEGINNING and containing approximately 0.011 acres of land.
KENT M. MOBLEY
krnm:02119ac2.wpd
CP /
\ 0 00'46'03"
\ R=2400.0'
\ L=32.2'
\q =N 58'24' 1 'E
CLZ.15' 00°29'08° /
R=1907.96' /
1/ " R.F -L-f6.2-
°O°B. (C C=S 53'03'57° B
~ /~\CL=16.17'
Approx. location
or W L. S 58'32'43l'-4', 5.000 Acres
32.28 ' / City of Corinth
47081482
Approx. location
8" \ X30' J. E. of Power Lirc
R= 1937.96' \ pp
Approx. location
L= 16.05 \ Und ergrovna Elec.
. Coble
CD=N 52°4258'" W \
CL=16.05' \ \ \
\ City of Denton \
93-R0058485 \ \
\ \
~ Approa, location
\ of W.L. \ \
\ pl \
Shirley Ann Enlow \ k?
Vol. 733, Pg. 161 rG7~~,,
9 OF
XHIBIT
for
KENT M, MOBLEY O cor Electric Easement
47
0.011 Acres
AN7 in the
J.P. WALTON SURVEY, ABSTRACT NO. 1389
CITY OF CORINTH
S 1_v~ DENTON COUNTY, TEXAS
G & A Consultants, Inc.
SITE. PLANNING - PLAITING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
Pbooe (971) 136-7712 • F= (972) 43&9715
P.O. Box 1398 ° L.,isMc,T~75067
Bee4ngs based an plat. DIL191N By C.N. WE. 05/01/03 SCALE: 1'=40' N09. No. 02119
EXHIBIT "C"
INSURANCE REQUIRMENTS
STANDARD PROVISIONS:
Licensee shall file with the Engineering Department satisfactory certificates of insurance,
containing title of the project and meeting the insurance requirements set forth below.
Licensee and its contractors and agents shall not commence any work or deliver any
material until he or she receives notification that the Agreement has been accepted,
approved, and signed by the City of Denton.
A11 insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Agreement, or longer, if
so noted:
Each policy shall be issued by a corripany authorized to do business in the
State of Texas with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid
proposal. If requested by the City, the insurer shall reduce or eliminate such
deductibles or self-insured retentions with respect to the City, its officials,
agents, employees and volunteers; or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's limit of liability.
• All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN
THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF
Page 1
PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE
IS REQUIRED'.
• Should any of the required insurance be provided under a claims-made form,
Licensee shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the
contract expiration, such that occurrences arising during the contract term
which give rise to claims made after expiration of the contract shall be
covered.
• Should any of the required insurance be provided under a form of coverage
that includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be included in the general annual
aggregate limit, the Licensee shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the Agreement term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of the
lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIl2EMENTS:
All insurance policies proposed or obtained in satisfaction of this Agreement shall
additionally comply with the following specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the
Agreement, or longer, ifso noted:
A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$500.000 shall be provided and maintained by the Licensee. The policy shall
be written on an occurrence basis either in a single policy or in a combination
of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
• Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
• Coverage B shall include personal injury.
Page 2
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCLI) exposures.
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
Automobile Liability Insurance:
Licensee shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500.000 either in a single policy
or in a combination of basic and umbrella or excess policies. The policy will
include bodily injury and property damage liability arising out of the operation,
maintenance and use of all automobiles and, mobile equipment used in
conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement
for:
• any auto, or
all owned, hired and non-owned autos.
Workers Compensation Insurance
Licensee shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such
insurance, has Employer's Liability limits of at least $100,000 for each accident,
$100,000 per each employee, and a $500,000 policy limit for occupational
disease. The City need not be named as an "Additional Insured" but the insurer
shall agree to waive all rights of subrogation against the City, its officials, agents,
employees and volunteers for any work performed for the City by the Named
Insured. For building or construction projects, the Contractor shall comply with
the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor
Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission
(TWCC).
Page 3
ADDENDUM TO TRAILS LICENSE AND ENCROACHMENT AGREEMENT
1. The following paragraph is substituted for Section 3 of the Agreement and
shall be controlling to the extent of any conflict with Section 16 of the Agreement,
except that the Grantee recognizes and accepts the reversionary rights of the
Railroad, which shall not be affected by this Agreement:
a. In the event any proposed installation, reinstallation, relocation or
repair of any existing or future street, utility or other public
improvements owned or constructed by or on behalf of the public or
at public expense is made more costly by virtue of the construction,
maintenance or existence of the Encroachment Facility, City shall
notify Grantee of the additional cost, as determined by the
engineer's estimate, resulting from the Encroachment Facility.
Grantee shall have 30 days to notify City of its agreement to pay
the additional cost. If Grantee fails to so notify the City, the City
may cancel and terminate this Agreement upon notice to Grantee.
b. In the event any installation, reinstallation, relocation or repair of
any existing or future street, utility or other public improvements
owned or constructed by or behalf o f the public or at public
expense requires the Encroachment Facility to be relocated, City
shall notify Grantee. If City determines, which determination shall
not be unreasonably withheld, that there is sufficient space within
the right-of-way for Grantee to relocate the Encroachment Facility,
the notice shall include notification that the Grantee, if it so elects,
shall be required to relocate the Encroachment Facility to the
location designated by City within 180 days. Grantee shall notify
City within 30 days of its agreement to relocate, at its sole expense,
the Encroachment Facility in accordance with the City's directions.
If Grantee fails to so notify the City, the City may terminate and
cancel this Agreement upon notice to Grantee.
.c. In the event this Agreement is terminated as provided in Paragraph
2 or 15, Grantee shall, at Grantee's sole expense, remove the
Encroachment Facility as required by this Agreement within 11
months after City notifies Grantee of the termination. City shall not
be liable to Grantee for the costs of any such required removal, nor
shall City be under any obligation to provide Grantee with an
alternate location for the Encroachment. No construction by City
which interferes with Grantee's use of the Encroachment Area shall
occur until such time period has expired unless approved in writing
by Grantee.
' . A14tw-mn AA el)
IP
PUBLIC STREET EASEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
KNOWN ALL MEN BY THESE PRESENT:
That the City of Denton, Texas, a municipal corporation (the "City"), for and in
consideration of the sum of $3,812.94, payable in accordance with Section 23 of the
Encroachment Agreement for State School Road executed on even date herewith, and
subject to the terms and conditions contained herein, dedicates to the City of Corinth,
Texas (the "Grantee") an easement for public street purposes, subject . to the
reversionary rights and privileges of Missouri Pacific Railroad Company ("Railroad") and
City set forth in the Line Sale Contract between Railroad and Grantor of July 2, 1993,
adopted pursuant to City of Denton. Ordinance No. 93-177 and limited by 16 U.S.C.
1247 (d), section 8(d) of the National Trail System Act and subject to easements and
licenses of record listed in Exhibit "A", attached hereto and made a part hereof by
reference (the "Easement Area"), which easement is for the passage of vehicular and
pedestrian traffic, over, under, through, across and along the Easement Area.
This easement is for the purpose of constructing, using and maintaining a public street
at grade. All such improvements (the "Street Improvements") shall be constructed in
such manner as not to interfere with any City facilities including utilities and shall be
limited to and constructed only in accordance with the plans and specifications
previously submitted to the City by Grantee, a copy of which is attached hereto and
made a part hereof as Exhibit "B" (the "Plans and Specifications"), except for such
modifications to the Plans and Specifications that are approved in advance in writing by
the City ("Authorized Modifications"). Construction and maintenance of the Street
Improvements shall be in such a manner as to protect the integrity of the railroad
roadbed as it exists as of the date of grant of this Easement. The City reserves the right
to limit excavation within the Easement Area and/or to require specific construction
methods (including trench shoring or dry bore and casing installation techniques).
These limitations or construction methods shall be included in the construction plans
and specifications for any work performed within the Easement Area. In addition, the
Grantee, and any one performing any work within the Easement Area in behalf of
Grantee, shall provide adequate inspection and coordination with the City to insure
these items are adhered to by the contractor during construction.
In addition, all persons responsible for the construction of the Street Improvements
within the Easement Area shall repair and restore any improvements in the Easement
Area, lawfully placed therein by the City, its agents, employees or independent
contractors or by others pursuant to an easement, agreement or license granted by City
or its predecessor, the Railroad, damaged by the negligence of such persons or their
agents, employees, or independent contractors working in the Easement Area with such
persons' approval, in constructing and maintaining a public street.
This easement and all rights dedicated and granted hereunder are subordinate to any
and all City facilities, including without limitation utilities and trail facilities, lawfully
existing within the Easement Area on the date of execution of this Easement (the City's
Facilities).
This easement shall terminate in the event the Railroad shall exercise its right of
reverter. Further, the City may terminate this easement should Grantee use the
Easement Area is used other than in compliance with the Plans and Specifications and
Authorized Modifications. In case of default by Grantee in any of the terms and
conditions herein stated and such default continues for a period of 30 days after the City
notifies Grantee in writing of such default, the City may at its election, terminate this
Agreement and upon such termination, all of Grantee's rights hereunder shall cease
and come to an end.
EXECUTED this day of , 2003.
CITY OF DENTON, TEXAS
By: Cl
i ha . Conduff B$
Ci M ager
ATTEST:
Jennifer Walters, City Secretary
By: ed-_
APPROVED AS TO FORM:
Herb L. Prouty, Attorn y
By:
ACCEPTED AND AGREED: Grantee:
City of Corinth
By:
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument is ackno*5!oeP t~ before met on this ~2 day of
a Doi , by -AQish , &ty Manager of the City of
D nton, exas, a municipal corporation, on behalf of said municipal corporation.
M,,,LINDAHOLLEY
Notary Public
State of Texas
My comm. Exp. 12-OB-2006
STATE OF TEXAS §
COUNTY OF DENTON §
~L p
Notary Public, State of T s
ACKNOWLEDGEMENT
This instrument is acknowledgement before me,
by , _
the City of Corinth, Texas, a municipal corporation, on
corporation,
on this day of
of
behalf of said municipal
Notary Public, State of Texas
EXHIBIT A
PAGE 1 OF 2
LEGAL DESCRIPTION
EASEMENT
NG 0.509 acres of laiid"located in the J. P. WALTON SURVEY, Abstract
1389, City of Corinth, Denton County, Texas, and being a portion of
Tract of land within the J.P. WALTON SURVEY conveyed to the City of
ton by the deed recorded in County Clerk's File No, 93-0058485 of the
d Records of Denton County, Texas. Said 0.509 acres being more
titularly described by metes and bounds, as follows:
INNING at a 1/2" iron rod found, in the Northeast boundary line of.
said City of Denton Tract, lying at the intersection of the
centerline of Walton Road, and said POINT OF BEGINNING (1/2" iron
rod found) lying at the Northwest corner of the Tract of land
conveyed to Pinnell Ford, L. C. by the deed recorded in County
Clerk's File.No. 97-0046701 of the Deed Records of Denton County,
Texas;
;NCE S 390 10' 17" E 44.95 feet, along the Northeast boundary
line of said City of Denton Tract, and the Southwest boundary line
of said Pinnell Ford, L. C. Tract, to a 1/2" iron rod set, in the
new South right-of-way line of said Walton Road;
:NCE S 89° 49' 45" W 128.86 feet, severing said City of Denton
Tract, to a point in the Southwest boundary line of the aforesaid
City of Denton Tract, lying in the Northeast boundary line of the
Tract of land conveyed to Pinnell Ford, L.C. by the deed recorded
in County Clerk's File No. 97-0084160 of the Deed Records of Denton
County, Texas;
:NCE N 39° 10' 17" W 9.21 feet, along the Southwest boundary
line of said City of Denton Tract, to a point in the intersection
of the East right-of-way line of Corinth North Road;
?NCE N 00° 23' 55" W 57.77 feet, severing said City of Denton
Tract, and running along the Northerly extension of the East right-
of-way line of said Corinth North Road, to a point in the
projection of the North right-of-way line of said Walton Road;
3NCE N 89° 50' 03" E 82.31 feet, along the extension of the north
right-of-way line of said Walton Road to a point in the Northeast
boundary line of said City of Denton Tract;
ENCE S 39° 10' 17" E 38.60 feet, along the Northeast boundary
line of said City of Denton Tract, to THE PLACE OF BEGINNING,
containing 0.161 acre (7.022 square feet) of land.
FNCORWALTON ESM
RAWF EXHIBIT A BRTI LAD 6t CNG A,
PAGE 2 OF 2 D ORD
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of
Corinth, a home rule municipal corporation in Denton County, Texas, acting herein by
and through its duly authorized City Manager, Kenneth Seale, 2003 S. Corinth street
Corinth, Texas 76210, the Grantor, hereinafter referred to as the "City," and the City of
Denton, a home rule municipal corporation in Denton County, Texas, acting herein by
and through its duly authorized City Manager, Michael A. Conduff, hereinafter referred
to as the "Grantee,"
WITNESSETH:
1. For and in consideration of Grantee's performance of the covenants
herein contained, and other valuable consideration in the amount set forth in Section 23
hereof, City hereby grants to Grantee permission to encroach upon, use and occupy
portions of the public right-of-way solely for the purpose of constructing and maintaining
an 18 inch water reuse pipeline (the "Encroachment Facility described in the attached
Exhibit "A", for descriptive purposes only, to be located within the area described in the
attached Exhibit "B" ("Encroachment Area").
2. Grantee shall be responsible for all maintenance and operation in
connection with the encroachment, use, and occupancy. Grantee shall maintain the
Encroachment Facility in strict compliance with the Charter, Ordinances and Codes of
City and in accordance with the directions of the Director of Public Works of City, or his
duly authorized representative.
3. The Encroachment Facility shall be constructed in such a manner as not
to interfere with the City facilities and shall be limited to and constructed only in
accordance with the plans and specifications previously submitted to City by Grantee, a
copy of which is attached hereto and made a part hereof as Exhibit "C" (the Plans and
Specifications') except for such modifications to the Plans and Specifications that are
reproved in advance in writing by the City ("Authorized Modifications"). When referring
to the Encroachment Facility within this Agreement, such term shall mean the
Encroachment Facility constructed in accordance with the plans and specifications and
authorized modifications, if any. The City of Corinth reserves the right to limit
excavation within the Encroachment Area and/or to require specific construction
methods (including trench shoring or dry bore and casing installation techniques) for
any proposed work that may be permitted by this Agreement. These limitations or
construction methods shall be included in the construction plans and specifications for
any work performed within the Encroachment Area. In addition, the Grantee shall
provide adequate inspection and coordination with the City to insure these items are
adhered to by the contractor during construction.
4. Grantee, at no expense to City, shall make proper provision for the
relocation and/or installation of any existing or future utilities affected by such
encroachment, use and occupancy, including the securing of approval and consent from
the utility companies and the appropriate agencies of the State and its political
subdivisions.
5. City may enter and utilize the Encroachment Area at any time for the
purpose of installing or maintaining improvements necessary for the health, safety and
welfare of the public or for any other public purpose. City agrees that before performing
work, except in an emergency situation, City will give Grantee reasonable notice and
opportunity to coordinate its work to prevent unnecessary damage or disruption of the
Encroachment Facility. City agrees to use reasonable efforts not to damage or disrupt
the Encroachment Facility. However, Grantee agrees that Grantee shall not hold City,
its employees, agents or contractors responsible or liable for damage or disruption of
the Encroaching Facility installed by or on behalf of Grantee.
6. It is agreed that the rights, duties, obligations and liabilities herein set forth
shall be personal to Grantee and shall automatically terminate upon the sale,
transference, assignment, or other conveyance to any person or entity not a party to this
Agreement, unless the City gives its written consent to such sale, transfer or
assignment.
7. The parties hereto agree that the City streets, sidewalks and public rights-
of-way, including the portions of such streets, sidewalks, and public rights -of-way to be
used and encroached upon as described herein, are held by City as trustee for the
public; that City exercises such powers over the streets as have been delegated to it by
the Constitution of the State of Texas or by the Legislature; and that City cannot
contract away its duty and its legislative power to control the streets for the use and
benefit of the public. If the City should at any time during the term hereof determine, in
its sole discretion, to construct public streets within the public right-of-way or to use or
cause or permit the said portions of the streets and sidewalks to be used for any other
public purpose, including but not being limited to underground, surface or overhead
communication, drainage, water lines, sanitary sewerage, transmission of natural gas or
electricity, or any other public purpose whether presently contemplated or not, then the
parties agree as follows:
a. In the event any proposed installation, reinstallation, relocation or repair of
any existing or future street, utility or other public improvements owned or constructed
by or on behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance or existence of the Encroachment Facility, City shall notify
Grantee of the additional cost, as determined by the engineer's estimate, resulting from
the Encroachment Facility. Grantee shall have 30 days to notify City of its agreement to
pay the additional cost. If Grantee fails to so notify the City, the City may cancel and
terminate this Agreement upon notice to Grantee.
b. In the event any installation, reinstallation, relocation or repair of any
existing or future street, utility or other public improvements owned or constructed by or
behalf o f the public or at public expense requires the Encroachment Facility to be
relocated, City shall notify Grantee. If City determines, which determination shall not be
unreasonably withheld, that there is sufficient space within the right-of-way for Grantee
to relocate the Encroachment Facility, the notice shall include notification that the
Grantee, if it so elects, shall be required to relocate the Encroachment Facility to the
location designated by City within 180 days. Grantee shall notify City within 30 days of
its agreement to relocate, at its sole expense, the Encroachment Facility in accordance
with the City's directions. If Grantee fails to so notify the City, the City may terminate
and cancel this Agreement upon notice to Grantee.
8. In the event this Agreement is terminated as provided in Paragraph 7 or
22, Grantee shall, at Grantee's sole expense, remove the Encroachment Facility as
required by this Agreement within 11 months after City notifies Grantee of the
termination. City shall not be liable to Grantee for the costs of any such required
removal, nor shall City be under any obligation to provide Grantee with an alternate
location for the Encroachment. No construction by City which interferes with Grantee's
use of the Encroachment Area shall occur until such time period has expired unless
approved in writing by Grantee.
9. Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property in
which a third party may have an interest, and Grantee agrees that it will obtain all
necessary permission before occupying such property.
10. Grantee agrees to comply fully with all applicable federal, state and local
laws, statutes, ordinances, codes or regulations in connection with the construction,
operation and maintenance of said encroachments and uses.
11. Grantee covenants and agrees that it shall operate hereunder as an
independent contractor as to all rights and privileges granted hereunder and not as an
officer, agent, servant or employee of City; that Grantee shall have exclusive control of
and the exclusive right to control the details of its operations, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees; that the
doctrine of respondeat superior shall not apply as between City and Grantee, its
officers, agents, servants, employees, contractors and subcontractors, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Grantee.
12. TO THE EXTENT PERMITTED BY LAW, GRANTEE COVENANTS AND
AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS
AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL
OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),
ARISING OUT OF OR INCIDENT TO THE PRESENCE, CONSTRUCTION,
OPERATION AND MAINTENANCE OF SAID ENCROACHMENT FACILITY. This
provision is for the sole benefit of the parties hereto and shall not constitute a waiver of
the governmental immunity of City or Grantee.
13. Grantee agrees to maintain public liability insurance covering all public
risks as set forth in this Section 13.
a. Grantee agrees to maintain liability insurance related to all construction
activities related to the Encroachment Facility that are performed by an independent
contractor. Grantee shall require its independent contractor to maintain such insurance
coverages in amounts not less than the following:
Property damage, per occurrence $1,000,000
Personal injury or death, per occurrence $1,000,000
with the understanding of and agreement by Grantee that such insurance amounts shall
be revised upward at City's option (but not in excess of the limits then being required by
the City of other independent contractors doing business with the City) and that Grantee
covenants and agrees to so revise such amounts within thirty (30) days following notice
to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended without at least thirty (30) days prior written notice to City. The
liability insurance policy shall name City, its employees and officers as additional
insureds.
b. Grantee agrees to maintain public liability insurance covering all public risks
related to the proposed use and occupancy of public property as located and described
in the portion of the Encroachment Area being used by Grantee for the Encroachment
Facility. The amounts of such insurance shall be not less than the following:
Property damage, per occurrence $100,000
Bodily injury or death, per occurrence 500,000
with the understanding of and agreement by Grantee that such insurance amounts shall
be revised to conform to the limits of the Texas Tort Claims Act, in the event the
limitations of liability for municipalities as set forth in the Act are increased. Grantee
covenants and agrees to so revise such amounts within 30 days of the effective date of
any such amendment.
c. Grantee shall provide to City a copy of an endorsement to Grantee's, or as
applicable, Grantee's contractor's liability policy wherein either City, its officers and
employees, are named therein as an additional insured or blanket coverage is provided
for all persons or organizations required to be "additional insureds" by written contract.
d. The amount of all required insurance policies is not deemed to be a limitation
on Grantee's agreement to indemnify and hold harmless City.
e. City will accept self-insurance for the coverages provided by Grantee (but not
Grantee's contractor) as set forth above in the event that Grantee demonstrates, to the
satisfaction of the City's Director of Finance, proof of such self-insurance in the
coverages set forth above.
14. Grantee covenants and agrees to maintain the Encroachment Area
described in Exhibit "A" attached hereto in a neat, safe and attractive condition at all
times.
15. All notices, demands, requests or replies provided for or permitted by this
Agreement shall be in writing to the addresses stated in the Preamble hereof and may
be delivered by any one of the following methods: (1) by personal delivery; (2) by
deposit with the United States Postal Service as certified or registered mail, return
receipt requested, postage prepaid to the addresses stated below; or (3) by deposit with
an overnight express delivery service.
Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective one (1) business day after deposit with the U. S. Postal
Service, or notice by overnight express delivery service shall be deemed effective one
(1) business day after transmission to the overnight express carrier.
16 This Agreement and the exhibits incorporated and attached constitute the
entire agreement between the City and Grantee for the uses granted. All other
agreements, promises and representations with respect thereto, unless contained in this
Agreement, are expressly revoked, as it is the intention of the parties to provide for a
complete understanding, within the provisions of this document, and the exhibits
incorporated and attached hereto, of the terms, conditions, promises, and covenants
relating to Grantee's use of the Encroachment Area. The unenforceability, invalidity, or
illegality of any provision of this Agreement shall not render the other provisions
unenforceable, invalid, or illegal.
17. No waiver of any covenant or condition or of the breach of any covenant
or condition of this Agreement shall be taken to constitute a waiver of any subsequent
breach of the covenant or condition nor to justify or authorize the nonobservance on any
other occasion of the same or any other covenant or condition hereof. Any waiver or
indulgence of Grantee's default will not be considered an estoppel against City.
18. Grantee and City agree that this Agreement shall not be construed against
either party, it being understood that both parties contributed to the preparation of this
Agreement.
19. The City will not be responsible for any costs of construction, operation
and maintenance of Grantee's Encroachment Facility. It is further agreed that the City
shall not be liable for any damage to the Encroachment Facility as a result of the City's
use pursuant to its easements. If any City property is damaged or destroyed by
Grantee, its agents, contractors, or employees, and an emergency situation exists, the
City shall provide notice to Grantee and may repair or replace the damaged property at
Grantee's expense, and payment is due upon Grantee's receipt of an invoice from the
City. The parties agree that an emergency situation exists if the situation could not be
reasonably anticipated, and imminent harm to property or persons exists if repair is not
immediately commenced. If such damage to City property occurs and an emergency
situation does not exist, City shall notify Grantee of such damage, and provide Grantee
an opportunity to repair the damage. If Grantee fails to do so within a reasonable time,
City shall make the repairs at Grantee's expense.
20. Blasting is not permitted on the Encroachment Area or adjacent areas.
21. Grantee shall perform such grading as necessary in order to leave the
Encroachment Area and easements and right-of-way areas in as near as possible to
present condition. Spoil dirt and all trash shall be removed from these areas. The
Encroachment Area and City easements and right-of-way shall be protected from
washing and erosion by a method approved by the City.
22. It is understood and agreed that, in case of default by Grantee or its agents
in any of the terms and conditions herein stated and such default continues for a period
of thirty (30) days after the City notifies Grantee in writing of such default, the City may
at its election terminate this Agreement and upon such termination, all of Grantee's
rights hereunder shall cease and come to an end. This Agreement shall also terminate
upon the abandonment of the Encroachment Facility.
23. The consideration payable by Denton is $32,558.32, to be paid
as follows:
$12,996.84 shall be applied as an offset to the City's obligation to pay
Grantee, the City of Denton, consideration for the easement and
encroachment agreements between City for electric easement ($4,569.18),
street easement for Walton Drive, ($3,812.94) encroachment agreement for
utility line for Dobbs Road ($3,949.56), encroachment agreement for crossing
the City of Denton's Utility Easement for the Corinth Lift Station 3A project,
($665.16), leaving a balance of $19,561.50. The parties agree that the City of
Corinth may offset the remaining balance against any future obligation to the
City of Denton for the acquisition of any encroachment or easement or other
interest in land.
EXECUTED this /5' day of~ 2003.
CITY OF CORINTH, GRANTOR CITY OF DENTON, GRANTEE
enneth Sea lb, City Manager chae . Conduff, ity Manager
Return to:
Ms. Kim Pence
City Secretary
City of Corinth
2003 South Corinth
Corinth, Texas 76210
Vb
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF TON, TEXAS
BY:
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, on this day personally appeared Kenneth Seale known to me (or proved to me on
the oath of or through~cwGrs L rCe.,Se (description of identity card or other
document) to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that he is the duly authorized City Manager of the City of Corinth, and that he
executed same on behalf of said corporation for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY
2003.
HAND AND SEAL OF OFFICE, this the its day of
IgMBEpLY D. PENCE
? r MY COMMISSION EXPIRES
,aY„ Jsnl1ary29,2007
STATE OF TEXAS §
§
COUNTY OF DENTON §
My Commission Expires A F7
BEFORE ME, on this day personally appeared known to me (or proved to me
on the oath of or through D& w&s i, (description of identity card or other
document) to be the person and officer whose name i~~ ~~}Ibss~~ibed to the foregoing instrument and
acknowledged to me that~she is the duly authorized "Crt4 Mangier of the City of Denton and that
tlfe'she executed same on behalf of said corporation for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY
2003.
HAND AND SEAL OF OFFICE, this the day of
LINDA OLLEY
(91hy Notary Public .
State of Texas
Comm. Exp. 12-08.2008
ota Public in and fore of Texas
L i~✓OA 4 ~Lr-s
Type or Print Notary's Name
My Commission Expires: f d-d'-.200
CAMy Documents\LegaltEncroachment.stateschoolroad.zip.doc Page 7
EXHIBIT A
PAGE 1 OF 2
LEGAL DESCRIPTION
LEVI YOUNG SURVEY, ABS. No. 1451
BERRY MERCHANT SURVEY, AS. No. 800
CITY OF CORINTH, DENTON COUNTY, TEXAS.
FUATED in the City of Corinth, Denton County, Texas and being a strip of land out of State School Road, being a
foot right-of-way dedicated to the City of Corinth according to the plat recorded in Cabinet E, Slide 279 of the Plat
cords of Denton County, Texas (P.R.D.C.T.), said strip of land being herein described as a proposed variable width
rmanent Utility Easement and being herein more particularly described by metes and bounds as follows:
:GINNING at a point on the west property line of tract of land conveyed to Timberglen Co. P/S by deed recorded
Denton County Clerk's File Number (D.C.C.F.No.) 95-0079950 of the Deed Records of Denton County, Texas
.R.D.C.T.), said beginning point being on the easterly right-of-way of the said State School Road, said beginning
int also being North 24 degrees 43 minutes 32 seconds East 5.12 feet from the intersection of the northerly right-of-
.y of Robinson Road, being a 80 foot right-of-way dedicated to the City of Corinth according to the plat recorded in
binet E, Slide 278 of the P.R.D.C.T. and the said easterly right-of-way of State School Road;
IENCE, North 56 degrees 59 minutes 50 seconds West 61.60 feet to a point on the westerly right-of-way of the
d State School Road and on the east property line of a tract of land conveyed to Texas Utilities Electric Co. by deed
;orded in Volume 2526, Page 321 of the D.R.D.C.T.;
IENCE, North 24 degrees 43 minutes 32 seconds East, continuing along the said westerly right-of-way and said
)perry line, 15.82 feet to a point at the beginning of a curve to the left having a radius of 370 feet;
IENCE, in a northeasterly direction along the said right-of-way and said property line and along the said curve,
ough an are length of 77.06 feet and with a chord of North 18 degrees 45 minutes 32 seconds East 76.92 feet to a
'iron rod found.
IENCE, North 12 degrees 47 minutes 32 seconds East, continuing along the said right-of-way, 208.99 feet, in part
mg the said east property line of the TXU tract then along the east property line of a tract of land conveyed to
)per Trinity Regional Water District by deed recorded in D.C.C.F.No. 97-R0083781 of the D:R.D.C.T. to a point at
beginning a curve to the left having a radius of 470 feet;
IENCE, in a northerly direction continuing along the said right-of-way and said property line along the said curve,
-ough an are length of 263.75 feet and with a chord of North 2 degrees 41 minutes 12 seconds West 260.31 feet to a
int at the northeast property corner of the said Trinity tract and a southeast property comer of Block B of Oakmont
Section III, being an addition to the City of Corinth according to the plat recorded in Cabinet S, Slide 179 of the
at Records of Denton County, Texas;
IENCE, North 18 degrees 59 minutes 22 seconds West, along the said right-of-way and along the easterly property
e of the said Block B of Oakmont II, Section 111, 547.15 feet to a 3/8" iron rod found at the intersection of the said
:sterly right-of-way of State School Road and the southerly right-of-way of Hidden Oaks Drive;
IENCE, South 71 degrees 00 minutes 19 seconds West, along the said southerly right-of-way of Hidden Oaks
ive and along the north property line of the said Block B of Oakmont II, Section III, 2.64 feet to a point;
-IENCE, North 18 degrees 59 minutes 22 seconds West 74.97 feet to a point on the northerly right-of-way of the
A Hidden Oaks Drive and on the south property line of Block A of Oakmont II, Section 111;
.IENCE, North 71 degrees 00 minutes 19 seconds East, along the said northerly right-of-way of Hidden Oaks Drive
d along the south property line of the said Block A of Oakmont II, Section III, 2.74 feet to a %2 " iron rod found at
southeast comer of the said Block A and at the intersection of the said northerly right-of-way of Hidden Oaks
ive and the said westerly right-of-way of State School Road;
IENCE, North 19 degrees 03 minutes 24 seconds West, along the said westerly right-of-way of State School Road
d along the said Block A of Oakmont H, Section III, 149.84 feet to a point;
IENCE, North 15 degrees 03 minutes 02 seconds West, continuing along the said westerly right-of-way of State
:hool Road, 456.67 feet, in part along the said Block A of Oakmont II, Section III, then along Block M of Oakmont
Section IIA, being an addition to the City of Denton according to the plat recorded in Cabinet S, Slide 176 of the
R.D.C.T., to a iron rod found, at the northeast corner of the said Block M of Oakmont 11, Section IIA;
HENCE, South 83 degrees 45 minutes 53 seconds West, along the north property line of the said Block M of
tkmont II, Section IIA, 4.52 feet to a point;
EXHIBIT A
PAGE 2 OF 2
LEGAL DESCRIPTION
LEVI YOUNG SURVEY, ABS. No. 1451
BERRY MERCHANT SURVEY, AS. No. 800
CITY OF CORINTH, DENTON COUNTY, TEXAS.
IENCE. North 15 degrees 35 minutes 45 seconds West 43.33 feet to a point on the north survey line of the Levi
Sung Sun ey, Abstract Number 1451 and on the south survey line of the M.E.P. & P.R.R. Survey, Abstract Number
0, point also being the city boundary line between theCity of Corinth and the City of Denton;
IENCE, North 84 degrees 50 minutes 5l seconds East, along the said survey line and said city boundary line,
.27 feet to a point;
IENCE, South 15 degrees 35 minutes 45 seconds East 255.03 feet to a point;
IENCE, South 14 degrees 57 minutes 27 seconds East 180.78 feet to a point at the beginning of a curve to the left
ving a radius of 1,173.84 feet;
-IENCE, in a southerly direction along the said curve, through an arc length of 141.50 feet and with a chord of
nth 17 degrees 19 minutes 54 seconds East 141.41 feet to a point;
IENCE, South 18 degrees 59 minutes 20 seconds East, 173.42 feet to a point;
IENCE, South 18 degrees 51 minutes 19 seconds East, 301.79 feet to a point;
IENCE, South 18 degrees 26 minutes 25 seconds East, 260.16 feet to a point at the beginning of a curve to the
;ht havinE a radius of 568.19 feet;
IENCE, in a southerly direction along the said curve an arc length of 92.17 feet and with a chord of South 8
grees 43 ininutes 24 seconds East 92.07 feet to a point;.
IENCE, South 51 degrees 02 minutes 38 seconds West, 6.01 feet to a point;
:IENCE, South 5 degrees 26 minutes 09 seconds West, 176.31 feet to a point;
HENCE, South 13 degrees 56 minutes 50 seconds West, 197.23 feet to a point;
HENCE, South 20 degrees 34 minutes 06 seconds West, 46.89 feet to a point;
HENCE, South 56 degrees 59 minutes 50 seconds East, 48.46 feet to a point on the said easterly right-of-way of
ate School Road and on the said west property line of the Timberglen tract;
HENCE, South 24 degrees 43 minutes 32 seconds West, along the said right-of-way and said property line, 16.17
et to the POINT OF BEGINNING;
to proposed Permanent Utility Easement being herein described contains 0.5416 acres (23,593 Sq. Ft.) of land to
:acquired.
)O HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC
ECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME
TRUE AND CORRECT.
ompany Name: Spooner and Associates, Inc.
OF -N1
,t SHAUN aP00NER
Y:
Shaun Spooner
r ,a..
go Jr
egistered Professional Land Surveyor,
:xas No. 4183
ate of Survey: 11-04-02
JhVEYS: LEVI YOUNG SURVEY, ABSTRACT No. 1454, & BERRY MERCHANT SURVEY, ABSTRACT No. 800
DCATION: CITY OF CORINTH, DENTON COUNTY, TEXAS
'ERMANENT UTILITY EASEMENT H.E.P. & P.R.R. SURVEY
"
NUMBER
DIRECTION
DISTANCE
1/2
IRF ABSTRACT NO. 950
ROBERT H. MITCHELL
L1
N56'59'50"W
61.60'
RUTH MITCHELL 1-12 ` CITY OF DENTON
RVEIL' LINE
278 ACRES `
REMAINDER 5
L2
N24'43'32"E
15.82'
SU
.
VOLUME 394, PACE
3 - - -
C CORINTFi
ITY OF
L3
N12'47'32"E
208.99'
-
_
(FIRST TRACT) - - T- 1
D.R.D.C.T. 1-11 1 1/2" IRFs
L4
N18'59'22'W
547.15'
1 LEVI YOUNG SURVEY
~c=^--- 1
a ABSTRACT NO 1451
L5
S71'00'19"W
2.64'
BLOCK M L10 1` \ J 1
OAKMONT /I L6
I 1}\W`
SECTION HA L7
CABINET S. SLIDE 176
P.R.D. L8
I F\\ ` L9
\ L10
L9 k `1G
` \1,1\ ` OAKMONT ESTATES
p I SECTION 1 L72
n\~ I f CABINET F. SLIDE 38 L13
P.R.D.C.T.
T`~ I L14
o no BLOCK A L15
ttC~~~\A I 1 \
`3 I L8~4,; 1` \FF L16
L17
r 3'9 \RF L18
1` I MOOfN ONE`' N 1-19
ROPOSED VARIABLE WIDTH \ V5 L20
ERMANENT UTILITY EASEMENT I \q`\ L21
N18'59'20"W 74.97'
N71'00'19'E 2.74'
N19'03'24"W 149.84'
N15'03'02"W 456.67
583'45'53"W 4.52'
N15'35'45"W 43.33'
N84'50'51"E 16.27'
SIS'35'45"E 255.03'
S14'57'27"E 180.78'
S18'59'20"E 173.42'
518651'19"E 301,79'
518'26'25"E 260.16'
551'02'38"W 6.01'
S05'26'09'W 176.31'
513'56'50"W 197.23
520'34'06"W 46.89'
REA 0.5416 ACRES (23,593 SO. FT.) n 1\ n
am \`~pp\r~ \00 L22 556'59'50"E 48.46'
STEPHEN HEMBRIE SURVEY L23 524'43'32"W 16.17'
ABSTRACT NO. 643 I N. o `a \1 \ Q
o z+. ` ` v 60' R.O.W.
O
'~+c-- L4 \ CABINET E, SLIDE 279
15' UTIU & EMENr~" rr LOT I. BLOCK 7
~OAKMONT MAINTENANCE FACILITY
\ BLOCK B CABINET E, SLIDE 339
I I `1 P.R.DX.T.
I \ 11
1/2" IRF tn
UPPER TRINITY REGIONAL n to I
`j
WATER DISTRICT NI i I
D. C.C.£.No. 97-R0083781 1\T L18
IR 10)
0 200" 400' , I
" IR
5 ~I 3/8 F
GRAPHIC SCALE IN FEET I / 1 T/MBERCLEN CO. PIS
1" = 200' TEXAS UTILITIES ELECTRIC CO. j01 D.C.C.F.No. 95-0079950
VOLUME 2526, PAGE 321 D.R.D.C.T.
D.R.D. C.T. 1112.1 I@ / LEVI YOUNG SURVEY
F / ABSTRACT NO. 1451
ROBINSON ROAD ~I L2 c ,f 1-L221/2" CIRF - - SURVEY LINE -
3
- _ _ - - - - _ ` 1/2" IRF POINT OF BEGINNING
5.1 '
BERRY MERCHANT SURVEY N2443'32"E
ABSTRACT NO. 800 \J
80' R.O. W.
CABINET E, SLIDE 278 \
P.R.D.C.T.
NUMBER
DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT'
CHORD LENGTH
CHORD DIRECTION
C1
11'56'00'
370.0000
77.0621
38.6709
76.9229
N 18'45'32'
C2
32'09'11"
470.0000
263.7527
135.4498
260.3054
N 02-41'1Y
C3
06'54'24'
1173.8363
141.4993
70.8354
141.4136
S 17'19'54"
H
C4
09'17'40"
558.1942
92.1721
46.1874
92.0711
5 08'43'24' ~p\SyiEyf F~.
E
y:~p 15 ~ :N
SHAUN G. SPOONER
_<...4183
SPOONM & ASSOC. 7417 CONTINENTAL TR. DATE 11-04- 2
REGISTERED PROFESSIONAL No. RICHLAND HILLS, TX. 76180 JOB NO. 1053-7-01
I AN[) CIIRVFY(1RC 817-281-2355 ACAD FILE 1053-EASE14
EXHIBIT B
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