2002-406S:\Our Documents\Ordinances\02\Shpard Homes Settlement Ord.do¢
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO
EXECUTE A SETTLEMENT AGREEMENT WITH SHEPHERD PLACE HOMES
CONCERNING DRAINAGE AND STREET IMPROVEMENTS FOR THE BELLAIRE
NORTH ADDITION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, subsequent to final plat approval of the Development certain disputes have
arisen between the Developer and the City conceming certain drainage improvements and
adjacent street improvements including the relocation of Denton Municipal Electric ("DME")
utility facilities; and
WHEREAS, the City and Developer desire to compromise and settle these disputes;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
Settlement Agreement between the City of Denton and Shepherd Place Homes, Inc. to
compromise and settle certain disputes concerning drainage and street improvements for the
Bellaire North Addition, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the/0¢ day of ~/~ ~/~{ j ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY. ~ ~~
SETTLEMENT AGREEMENT
This agreement is entered into as of the effective date set forth below by and between the
City of Denton, Texas (the "City") and Shepherd Place Homes, Inc, (the "Developer").
WHEREAS, the Developer is the developer of that certain residential development
known as Bellalre North Addition, an addition to the City of Denton, Texas (the
"Development"); and
WHEREAS, subsequent to final plat approval of the Developmem certain disputes have
arisen between the Developer and the City concera/ng certain drainage improvements (the
"Drainage Improvements") and adjacent street improvements including tho relocation of Denton
Municipal Elec~c ("DiV~") utility facilities (the "Street Improvements"); and
WlqEKEAS, City and Developer desire to compromise and settle these disputes;
NOW, THEREFORE, in comideration of the mutual covenants contained herein, the
sufficiency of wHich is hereby acknowledged, the City and.Developer agree as follows:
The City has agreed to 'allow for certain moclifications to the alignment
and width of the pavement for the adjacent streets, Mockingbird Lane and
Audra Lane (the "Street Realignments"). This results in a reduction of the
cost for relocation of DIvI~ utility facilities. In addition, in lieu of
constructing the Dr~J~nage Improvements which are within a City easement
along the back 15 feet of Lots 1-11, Block A of the Development, the City
and Developer have agreed that the Developer will pay the City the sum of
$40,000.00 as its proportional share of the Drainage Improvements (the
"Proportional Share"). If the Drainage Improvements ~re not constructed
with/n five yom from the date of this agreement ~e City will refti~d the
Proportional Share to the Developer. The Developer maderstaads that no
f~cing in or filling of the dra/nage easement will be allowed.
T~e City shall abartdont~0 feet of the easement along the back 15 feet of
Lots 1-11, Bloe,k' ,A of ~e Developm, ent. The Storm Sewer system shall
be installed w~thm the\City's drainage easement along the northern
The City will file the abandonment for the DrMnige Easement 10 feet cf
the easement along the back 15 feet of Lots 1-11, Block A of the
Development.
Page I
4. As a result of the Street lteaiignme~ts and the C{ty's acceptance of
payment of the Proporfiona! Share in lieu of constructing the Drainage
Improvements, Devaloper hereby releases the City, its employees, officers
and representatives from any and all claims, actions and causes of action
arising om of the construction of the Street Improvements, including the
DME utility relocations and Drainage Improvements including the
requiremen~ of paying the Propo~onal Share. This releases m~y claims
~he Developer may have that the Street Improvements (including the DME
utility relocations) or Proportional Share do not meet the nexus and rough
proportionality requirements of Town of Flower Mound v. Stafford Estates
Limited £artnershit~ and Dolan v. City of Tigard. The Developer also
releases and indemnifies the City from and against any md all claims,
actions or causes of action within the scope of the above release that may
be a~serted by any individual or entity that is affiliated with the Developer
in anyway what~oover,
Signed to be effective the ~'~ay-- of Noveml/er, 2002.
CITY O1~ DBNTON, TF..XAS
ACKNOWLEDGMBNTS
This instrument was executed this the~__~ day of November, 2002 by Robbie Hale, the
~ of Shophercl Place Place limes, Inc. on behalf of said corporation.
r the State of Texas
Page 2-~
Notary Publio in and for tho State of Texas
This instrument
city,
w~ executed th/s the ]~) day of ~ 2002 by.
~c// ,,~,42/&~£f' of the City o£ Denton, Texas. on behalf of said
Notary Public in and for the State of Tex~
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