2003-223S:\Our Documents\Ordinances\03\West Denton Electric Project Ord.doc
ORDINANCE NO. ~OD~` -o4a~! J
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A CONTRACT FOR AN ELECTRICAL UTILITY EASEMENT CONSISTING OF
1.11 ACRES, BEING PART OF SECTION 3, TRACT 6 CONVEYED TO RAYZOR
INVESTMENTS, LTD. BY DEED RECORDED IN VOLUME 1796, PAGE 601 OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING
LOCATED IN WILLIAM NEILL SURVEY, ABSTRACT NO. 970, DENTON COUNTY
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (WEST DENTON ELECTRIC PROJECT)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to purchase a
electric utility easement in substantially the form of the Electric Utility Easement which is
attached hereto and made part of the ordinance for all purposes regarding the Denton West
Electric Utility Project.
SECTION 2. The City Manager or his designee is hereby authorized to make the
expenditures in the amount of the purchase price of $25,742.00 for the Easement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the o1p 2~ day of 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: -
AP OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT RAYZOR INVESTMENTS, LTD., a Texas limited partnership ("Grantor"), for
and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to
Grantor in hand paid by the CITY OF DENTON, a municipal corporation, which is located in
Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201
("Grantee" has granted, sold and conveyed and by these presents does grant, sell and convey
unto Grantee an easement and right of way (collectively, the "Easement") for the purpose of
erecting, operating, maintaining, and servicing thereon one or more electric power and/or
communication lines, each consisting of a variable number of wires, cables, and all necessary or
desirable appurtenances, attachments and complete supporting structures, including foundations,
guy wires and guy anchorages, and structural components (collectively, the "Lines") in, on, over,
under, and across that real property situated in Denton County, Texas, and more particularly
described in Exhibit "A" and illustrated in Exhibit "B" (the "Easement Property"), attached
to and incorporated into this document by reference.
Grantee shall have the right to construct, operate, improve, reconstruct, increase or reduce
the capability, repair, relocate, inspect, patrol, maintain or remove such Lines within such
Easement (collectively, the "Permitted Uses") as Grantee may from time to time find necessary,
convenient or desirable to erect thereon and all rights necessary or convenient for full use of the
above grant, including reasonable access over, across and upon the above referenced Easement
Property to the extent such access does not materially affect Grantor's use of such Easement
Property as permitted herein. Grantee shall have no right to fence or enclose such Easement
Property or to use it for any purpose other than the Permitted Uses set forth above.
Grantor, for itself and its successors and assigns, expressly reserves the right to occupy
and use the above described Easement Property for all other purposes that will not materially
interfere with the Grantee's full enjoyment of the Permitted Uses and its exercise of its rights
hereunder, including without limitation (i) the right of passage over the Easement Property, (ii)
the right to use the surface of the Easement Property for parking, driveways, sidewalks, and
landscaping and (iii) the right, but not the obligation, to erect or maintain fences not more than 8
feet high across such Easement Property, provided that gates or openings 12 feet wide or more
are installed therein (collectively, "Grantor Faeiltties"), to provide Grantee reasonable access to
all parts of such Easement Property; provided further that all such Grantor Facilities shall be
properly grounded in accordance with electrical industry standards and shall be so constructed as
to maintain minimum clearances from Grantee's Lines as required by applicable laws.
Grantor acknowledges the Easement is exclusive so as to exclude all other utility
providers from using the Easement Property unless Grantee's prior written consent to such utility
provider or providers is obtained; provided, however, the Easement is non-exclusive as to
Grantor's right to otherwise use the Easement Property so long as such use does not unreasonably
interfere with Grantee's Permitted Uses and its rights hereunder. Grantee acknowledges that
such other utility providers will be permitted, with Grantee's written consent, to construct,
operate, maintain, repair, replace and remove their respective utilities in, on, over, under, and
across the Easement Property perpendicularly or as otherwise permitted by Grantee in writing in
such manner as not to interfere with Grantee's Lines.
Grantee, at Grantee's sole cost and expense, shall have the right to trim or remove trees
and shrubbery on the Easement Property to the extent necessary, in the reasonable judgment of
Grantee, to prevent possible interference with the operation of such Lines or to remove possible
hazards thereto, together with the right to put gates in existing fences within such Easement
Property; provided further that Grantee shall promptly remove from the Easement Property tree
limbs, cuttings and other debris resulting from Grantee's operations or occupancy of the
Easement Property pursuant to its rights under this Easement. The Easement for the Easement
Property as provided for herein is made on an "AS IS" basis, and Grantee expressly
acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW as to the condition or suitability of the Easement or the Easement
Property for Grantee's Permitted Uses hereunder.
Grantor and Grantee acknowledge and agree that at the execution date hereof, no
buildings or structures exist on the Easement Property. Grantee shall have the right to prevent
the construction of buildings, structures, signs or obstructions on the Easement Property, and if
any such buildings, structures, signs or obstructions are hereafter constructed or permitted by
Grantor to exist within the Easement Property without prior written consent of Grantee, then
Grantee shall have the right to remove the same and Grantor agrees to pay to Grantee the
reasonable actual cost of such removal.
The payment of consideration herein made includes any damage or loss to crops
sustained in the future by Grantor resulting from the Grantee's construction, reconstruction,
repair, replacement, operation, maintenance or servicing of the Lines in accordance with the
terms of the Easement.
The Easement shall constitute a covenant running with the land for the benefit of
Grantee, its successors and assigns. The rights hereby granted may not be assigned, either in
whole or in part, without Grantor's prior written consent, which consent shall not be
unreasonably withheld.
TO HAVE AND TO HOLD the above Easement unto Grantee, its successors and
assigns, and Grantor hereby warrants and forever agrees to defend the above described Easement
unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by, through, or under Grantor, and not otherwise, subject,
however, to the rights of the owner or owners of any existing easements or other encumbrances
affecting the Easement Property herein described.
EXECUTED this _ day of 2003.
Rayzor investments, Ltd, a Texas limited
parmershdp
By: The Rayzor Company, a Texas
corporation, its general partner
By:
Philip A. Baker, Vice President
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on this the _ day of , 2003 by
Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner
of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership.
Notary Public - State of Texas
My commission expires
Accepted this _ day of 2003 for the City of Denton, Texas
(Resolution No. 91-073).
By:
Paul Williamson
Manager, Real Estate &
Capital Support
After recording, return to:
City of Denton
City Hall East - Engineering
601 East Hickory Street, Suite B
Denton, Texas 76205
Attention: Paul Williamson
PARCEL 5
Parcels EXHIBIT "A"
Being all that certain lot. Tract or parcel of land situated in the W. Nell
Survey, Abstract Number 970, in Denton County, Texas, and being part
of that certain tract of land called Section 3, Tract Six, described In
decd to Rayzor Investments, Ltd, recorded in Volume 1796, Page 601 of
the Deed Records of Denton County, Texas, end being more particularly
described as follows:
BEGINNING at the Southeast corner of the herein described treat at a
5/8 inch iron rod found in the East line of the W. Neil Survey, Abstract
Number 970 and in the West line of the R. Chowning Survey, Abstract
Number 266, and being in or near the center of an asphalt road under
apparent public use posted as Corbin Road, for the Southeast corner of
said Rayzor tract, some being the Northeast corner of a treat of land
described in the deed to John Dee Appleby, Trustee, as recorded in
Volume 2549• Pogo 277, Real Property Records, Denton County, Texas;
THENCE North 88 degrees 52 minutes 29 seconds West with the North
line thereof and the South line.of said Rayzor tract, a distance of
67.58 feet to a point for the Southwest corner of the herein described
treat:
THENCE North 00 degrees 31 minutes 13 seconds East parallel with the
East line of said Rayzor tract, a distance of 506.73 feet to a point for
corner:
THENCE North 88 degrees 45 minutes 13 seconds West a distance of
388.17 feet to a point for corner;
THENCE North 01 degrees 50 minutes 43 seconds East a distance of
46.05 feet to a point in the South right-of-woy line of Airport Road
/Farm-to-Market 1515) and in the North line of said Royzor tract, for
Northwest corner of the herein described tract;
THENCE South 88 degrees 45 minutes 13 seconds East with the North
fine of said Rayzor tract a distance of 40.00 feet to a point for corner;
THENCE South 01 degrees 50 minutes 44 seconds West a distance of
16.00 feet to a point for corner;
THENCE South 88 degrees 45 minutes 13 seconds East a distance of
413.77 feet to a point in or near the center of Corbin Road for the
Northeast corner of the herein described tract, some being the
Northeast corner of said Royzor tract:
THENCE South 00 degrees 23 minutes 35 seconds West along and near
the centerline of Corbin road, a distance of 536.60 feet to the POINT
OF BEGINNING and containing approximately 1.11 acres of land more or
less of which 0.39 acres Iles in the road.
This Plot correctly represents the results of an on-the-ground survey made
under my direction and supervision an 06-13-01. There are no visible or
apparent intrusions, protrusions or easements except as shown hereon.
r_ -z $-0O_________
KENNE A. Z .LLP 11911 R.P.L.S. No 5312 Date ,
NOTE: Survey data based upon G.P.S. observations.
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