2002-351ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS WOMAN'S
UNIVERSITY TO ENABLE AN EXCHANGE OF EASEMENTS AND SERVICES TO
ACCOMMODATE UTILITY RELOCATIONS AND EASEMENTS IN
CONJUNCTION WITH THE WIDENING OF U.S. 380; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton and Texas Woman's University desire to enter
into an Interlocal Agreement for the exchange of land for use as easements, pursuant to
§791.028 of the Government Code, §272.001 of the Texas Local Government Code, and
§2-127 of the Denton code of ordinances; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. The City Manager or his designee is hereby authorized to execute on
behalf of the City of Denton an Interlocal Agreement with Texas Woman's University to
enable an exchange of easements and services to accommodate utility relocations and
easements in conjunction with the widening of U.S. 380 in substantially the same form as
of the Interlocal Agreement attached hereto and made a part hereof by reference.
Section 2. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this th~//~z~~/~t~/~, 2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ATTORNEY
BY: ~
I~TERLOCAL AGREEMENT
TH/S AGREEMENT is entered into effective as of the date set forth below by and
between the City of Denton, Texas, a home rule municipal corporation (the "City") and Texas
Woman's University CTWU").
WHEREAS, the City and TWU desire to enter into an Interlocal Agreement to provide
for City of Denton utility facility relocations and easements in conjunction with the widening of
U.S. 380 (the "Project") as it affects the TWU golf course, pursuant to §791.028 of the Texas
Government Code; and
WHEREAS, TWU has previously granted to the City a utility easement dated August 17,
1967, and recorded in the Deed Records of Denton County under Volume 555, Page 363 (the
"Existing Easement"); and
WHEREAS, TWU has requested that it exchange a new City of Denton utility easement
as more particularly described in Exhibits "A-I" and "B-I" attached hereto and made a part
hereof by reference (the "Replacement Easement") to replace a portion of the Existing Easement
as more particularly described in Exhibits "A-5" and "B-5" attached hereto and made a part here
of by reference(the "Easement Abandonment") which will lessen the impact the utility facilities
will have on the proposed greens for TWU's golf course; and
WHEREAS, the Project also necessitates the City's acquisition of additional City of
Denton utility easements as more particularly described in Exhibits "A-2", "B-2", "A-3", "B-3",
"A-4" and "B-4" attached hereto and made a part hereof by reference ("Exchange Easement 2,3
and 4" respectively) attached hereto and made a part hereof by reference (the Replacement
Easement, Exchange Easement 2, Exchange Easement 3, Exchange Easement 4, and Temporary
Construction Easement are collectively called the "Exchange Easements"); and
WHEREAS, the Project and this agreement will benefit TWU, the City and its citizens and
is in the public interest; and
WHEREAS, the consideration for the promises contained herein represent fair market
value for the property interests being granted or abandoned and fair and reasonable compensation
for the services being performed under this agreement; and
WHEREAS, all monies expended under this a~eement are from current revenues of the
paying party;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein
the City and TWU hereby agree as follows:
1. On or before ,2002
TWU shall deliver the fully executed non-exclusive Exchange Easements to
the City; and
b. City shall deliver to TWU a certified copy of a City ordinance abandoning a
portion of the Existing Easement (the "Abandonment Ordinance")
2. As additional consideration, and as a part of the Project;
The City shall provide a casing upsize to accommodate not only the
proposed City of Denton utility installation, but also three 4" poly pipe
conduits (495 l.f.) and stainless steel spacer upgrade as shown on plan
sheet 25 (Exhibit "C"). The conduits shall be reserved for TWU's'use at
their discretion.
The City shall provide a casing upsize to accommodate not only the
proposed City of Denton utility installation, but also one 4" poly pipe
crossing (135 l.f.) and stainless steel spacer upgrade as shown on plan sheet
9 (Exhibit "D"). The conduit shall be reserved for TWU's use at thek
discretion.
TWU shall erect temporary fencing at such locations as to limit the Project
contractor's equipment path and working area (generally 20' wide
easement + 20' wide working area) as more particularly described in
Exhibit "A-6" attached hereto and made a part hereof by reference (the
"Temporary Construction Easement"), within the TWU Golf Course area.
The City shall cause the Project contractor after installation of the sewer
and water facilities to leave the earthwork in accordance with City
specifications. The City will restore all impacted areas in a workmanlike
manner to a condition equal to or better than that existing prior to
construction except that area within the Golf Course where TWU will be
responsible for restoration of the grass. The City will use its best efforts to
minimally interrupt play at the 8t~ golfgrean.
The City shah allow TWU the surface use of all easement area excluding
the construction, erection or placement of any buildings, signs or other
permanent structures, or portions thereof, in, on, or over the permanent
easements. TWU shall have the fight to make use of the easements for any
purpose that does not interfere with the City's rights in the easements for
the purposes granted, subject to the restrictions contained herein. TWU's
right to use the easement shall specifically include the right to pave the
easement areas for vehicular ingress, egre~s, and parking.
3. The City Council of the City and the Board of Regents of TWU have duly
authorized this Agreement and the execution of same by the officers or agents who have signed
below on their behalf..
C:~Docum~nts and S etlings~bfloyd~Local Sottings\Tempor~y Intem~t Files\OLK417~TWU Imerlocal Agreemeat-TxDot Widenlngl.doc
P~e2
I~. yqitness Where~of, this A~greement has been executed by the parties to be effective this
the _C~ day of 7/~,~, 2002.
CITY OF DENTON
MICI~L A. ~ONDUFF, CITY MANA~R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~~ITY ATTORNEY
BY: ~
TEXAS WOMAN'S UNIVERSITY
DR. BRENDA FLOYD, VICE
FINANCE AND ADMINISTRATION
APPROVED AS TO FORM
BY:
C:~Doeuments and Settings~bfloychLocal Setlings\Temporary Intemet Files\OLK417~TWU Interlocal Agreement-TxDot Wideningl.doe
Page 3
~_ ~~-8'0-00~
5`3.04' ~~I+24'~7~
EASEMENT
043144
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Texas Woman's University (Grantors) of Denton County, Texas, in
consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and OTHER
GOOD AND VALUABLE CONSIDERATION in hand paid by the City of Denton,
Texas, (Grantee), receipt of which is hereby acknowledged, does by
these presents grant, bargain, sell and convey unto the City of
Denton, Texas, the free and uninterrupted use, liberty and privilege
of the passage in, along, upon and across the following described
property, owned by Grantors and situated in Denton County, Texas, in
the B.B.B: b C.R.R. Survey, Abstract No. 185 & the Wm. Crenshaw
Survey, Abstract No. 318 & the N.H. Meisenheimer Survey, Abstract
No. 811.
SEE ATTACHED EXHIBITS "A-1","A-2","A-3","A-4","B-1","B-2", S "B-3", "B-4"
FOR EASEMENT DESCRIPTIONS S ILLUSTRATIONS
SEE ATTACHED EXHIBIT "A-6"-FOR TEMPORARY CONSTRUCTION EASEMENT ILLUSTRATION
And it is further-.>agreed that, the City of Denton, Texas in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of constructing, reconstructing, installing,
repairing, and perpetually maintaining city utilities, in, along,
upon and across said premises, with the right and privilege at all
times of the grantee herein, his or its agents, employees, workmen
and representatives having ingress, egress, and regress in, along
upon and across said premises for the purpose of making additions
to, improvements on and repairs to said facilities or any part
X3'04 0~I~248~
thereof. Upon conclusion of the initial construction, the temporary
construction easement shall terminate.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
Witness my hand, this thec~~day of (9eG 2002.
Texas Woman's University
Dr. Brenda Floyd
Vice President
Finance 6 Administration
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on this the ~ day of
2002 by Dr. Brenda Floyd.
Notary Public; in and for the State
My Commission Expires ~ • as -D cj ?~~."• ~~%-; SUSAN G. TESTA
?`i - Notary Public, State of Texas
~~, My Commission Expires
n --`'',;,Bi „'~•' March 22, 2005
Accepted this the _I ~ day of ~GTO~'~~ , 2002 for the City
of Denton,/,Te)xas (Resolution No. 91-073).
BY:
U~/ ~
Paul Williamson
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EXHIBIT '"B-1'"
~l~ LEGAL DESCR/PT/ON
fora 20 foot wide Utility easement out of
Wm. CRENSNAW SURVEYA-138 and the B.B.B. & C. RR SURVEYA-1B5
Denton, Denton County, Texas
BEING all that certain tiacL parcel or strip of land out of 8.8.8. & C RR. Survey A-185 and the Wm.
CRENSNAW SUBVEY, A-318 in the City of Denton, Denton County, Texas as described by deeds recorded in
Volume 328, Page 153 and Volume 256, Page 152 Oeed Records of Denton County, Texas and more
particularly described as follows:
BEG/NN/NG at a point for corner in the southeast right-of way line of U.S Highway 3B0 /East University
Drivel that is 350.6 feet, S73° 20' W from a concrete monument found for the point of tangent of the
southeast right-oJ way line and 255.5 feet, N 77°47' f from a concrete monument found for the point of curve
of the same southeast right-of-way line,-
TNENCE.• with the said right-of way curve to the left,• central angle of 0 °35'15'; a radius of 3902.61 feet and
whose center bears N14°05'06" W,- an arc distance of 40.02 feet to a point for corner,- from which a found
iron rod with a Texas Department of Transportation /TXDOT/ cap bears N75°77' W, 0.3 feet,- -
TNENCE.• with the west line of a drainage easement, S75° 16'57" f, 50.13 feet to an iron rod found for
coiner with a TXDOT cap;
TNENCE.• S74°35'43" W, 22.51 feet to a point for corner,
TNENCf.• S70°33'19" W, 285.70 feet to a point for an angle point,•
TNENCE.• S29°44'10" W, 47.73 feet to a point for an angle point;
TNENCE.• SOl °22 25" E, 241.96 feet to a point for corner in the center of an easement described by deed
recorded in Volume 555, Page 363, Deed Records, of Denton County, Texas;
TNENCE.• with the said easement, NB7° 34' W,.20.04 feet to a paint fora corner,-
TNENCE.• leaving the said center line, NOl °22 25" W, 246.20 feet to a point for an angle point,•
TNENCf.• N29 °44'10"f, 49.92 feet to a point for an angle point,•
TNENCE.• N70°33'19"E, 283.48 feet to a point for an angle point,•
TNENCE.• N15°16'57" W, 41.05 feet to the Place of Beginning and containing 0.309 acres of land more of
/ess. 1 /
l See Attached Exhibit A- jnjS-0001/
"Dedicated fo Qualrky Serorce"
mrow.crlyofdentorxmm
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EXHIBIT '"A-2""
r/ - ~a 5wvry 5kdch (or P~rrTa:a_-r~ Utility ~oxrirrd out o/flat
r ~I~ D, D, D 8t G ~'it'. 5urvry /t -1~i5
Univeislfy Urive o lUel/ five,
~~I Denton, Denton Gourrfy, Texas
he oregotng ske ch and legal descrlptTon were prepared rc
on actual' survey made on the ground
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EXHIBIT ""B-2""
LEGAL DESCB/PT/ON
far a Utility Easement out of the
B.B.B. & C. RB SURVEYA-185
Denton, Denton County, Texas
BEING all that certain tract, parcel or strip of land out of B.B.B. & C. R.R. Survey A-185 in the City of
Denton, Denton County, Texas according to the tract described by deed recorded in Volume 256, Page 152
Deed Records of Denton County, Texas and more particularly described as fol%ws:
BfG/NN/NG at an X' cut for a comer in the east right-of way of BELL AVENUE at the intersection of the
southeast corner clip for fast University Drive;
THENCE.- with the said right-of way comer clip, N45°32'07" f, 37.43 feet to a icon rod with an aluminum
disk marked TEXAS DEPARTMENT Of TRANSPORTATION,-
THENCE.- continuing with the south right-afway of East University Drive, N89° 23'07"f, 8.52 feet to a
point for a corner,•
THENCE.• leaving the said right-of way line, SO°30'72" W, 19.93 feet to a point for corner
TNENCE.• S45°32'07" W, 49.46 feet to a point for corner in the east right-of--way of Bell Avenue;
THENCE.• with the said east right-of way line, NO°30'12" f, 28.27 feet to the Place of Beginning and
containing 953 square feet of land mare or less.
/see attached Exhibit B- jnjL-0007/
'Dedicnted to Quality Service"
wzow.cityofdentan.cmr
EXHIBIT `"A-3""
5 FOOT PUBLIC UTILITY EASEMENT
(THE STATE OF TEXAS TRACT) _.
' ~~
TRACT TWO
STEVEN J. KLIR
VOL. 2742, PG. 379
D. R. D. C. T.
~ STATE OF TEXAS I flRST TRACT
VOL. 342, PG. 346 m VO~L.N1044CPG.1295
D. R. D. C. T. D.R.D.c.T.
0.398 Acres
PROPOSED 5' PUBLIC
UTILITY EASEMENT
0.011 Acres
N00'14'O6"E 5.
POINT OF
BEGINNING
UidIVERSITI' DRIVE (U.S.
Notes:
i. Basis of Bearings is the north line of University (90~ riGh (-pf-w0y)
Drive (V. S. Hwy 380) according to TXDOT Plans
of Proposed Right-of-Way Project No. 0135-
10-041 ^nd as monumented on the ground.
2. Property subject to easements of record.
3. Surveyor did not abstract the Droperty.
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;~Pt~~,r~.`-jai DUNAWAY ASSOCIATES, Inc
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\ 1501 YERRIlfAC CIRCIE. SUITE 100
"^••••~..... .:. ~\`'~~ FORT 1fORTH, TEXAS 78107
JOHPJ N. CORDLE Cy 1 PH.(Bl7)335-1121 LETRO(e17)429-2135
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JOHN N. CORDLE
ERED PROFESSIONAL LANG SURVEYOR
TEXAS REGISTRATION N0. 2026
MAY 31, 2001
EXHIBIT SHOWING A
5 FOOT PUBLIC
UTILITY EASEMENT
SITUATED IN THE
N. H. MELSENHEIMER SURVEY
ABSTRACT N0. 811,
CITY OF DENTON,
DENTON COUNTY, TEXAS
DAI JOB N0. 2001033-50
5304
EXHIBIT "B-3"
O,h25S
LEGAL DESCRIPTION
5' PUBLIC UTILITY EASEMENT
(The State of Texas Tract)
BEING a tract of land situated in the N.H. Meisenheimer Survey, Abstract Number 811,
City of Denton, Denton County, Texas, and being part of a tract of land described in deed
to [he Slate of Texas, recorded in Volume 342, Page 346, Deed Records, Denton County,
Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a Texas Department of Transportation aluminum highway
monument found at the intersection of the north right-of-way line (80' right-of-way) of
University Drive (US Hwy. 380) and the west right-of-way line of Bell Avenue (100'
right-of-way);
THENCE N 89°36'48" W, with said north right-of-way line, a distance of 568.76 feet to
a point in the east line of said State of Texas tract for the POINT OF BEGINNING;
THENCE N 89°36'48" W, continuing with said north right-of-way line, a distance of
94.50 feet to a point for corner in the west line of said State of Texas tract;
THENCE N 00°14'06" E, along the west line of said State of Texas tract, a distance of
5.00 feet to a point for corner;
THENCE S 89°36'48" E, departing the west line of said Stale of Texas tract and being
parallel to and 5 feet perpendicular distance from the said north line of University Drive,
a distance of 94.50 feet to a point for corner in the east line of said State of Texas tract;
THENCE S 00°15'05" W, along the east line of said State of Texas tract; a distance of
5.00 feet to the POINT OF BEGINNING and containing 473 square feet or 0.011 acres
of land.
~J%~ J', ~....
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Jo n N. Cordle r~ -
LS No. 2026 ~~or !~~ n~• c,~~~•~ ~_..~
..,...
Dunaway Associates, Inc. ~~'•,:;, ~r,„~;•,,;
Job No. 2001033.50 9ti08UF`1~~
May 31, 2001
NOTE:
Basis of Bearings is the north line of University Dr. (U.S. Hwy 380) according to TxDOT
Plans of Proposed Right-of-Way Project No. 0135-10-041 and as monumented on the
ground.
Property is subject to easements of record. Surveyor did not abstract the property.
A plat of even survey date herewith accompanies this legal description.
\\S VFW Ol\Cadd\Survey\Ol\2001033-50\esmt4lgl.doc
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N45°20'E ~ i .!~.~. - ~,--- vim---589°5<P/i"W 520.90' -----
6832'~ ~
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EXFIIBIT '"A-4'"
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EXHIBIT ."'B-4'"
Legal Description for a
Uti/ity Easement out of the
W. CRENSNAW SURVEYA-318
Denton, Denton County, Texas
Being all that certain tract, parce% or strip olland out of the W. CRENSNAW SURVEYA-318 in the City of Denton, Texas
as described by deed recorded in Yolume 328, Page 153, Deed Records, Denton Cuunty, Texas and being mole particularly
described as fol%ws:
COMMENC/NG at a found 1/2" square tube for the southeast corner of [ot 9," ttlock D, BROWNWOOD ADDITION, as
recorded in Cab. A, Slide 208, Plat Records, Denton County, Texas, said corner being in the north right-of-way line of
Woodland Street,•
TNENCE,• S 00°05'49"E, 50.00 feet to a point in the south right-of-way line of said Woodland Street,-
TRENCf,• S 89 °54'11 "W, almg said south line, 520.70 feet to the PO/NT OF BEGINN/NG,•
TRENCE,• leaving said north line, S 45°20' W, 74.75 feet toan angle point,-
TNENCE,• S 23 °5143'f 322.33 feet to a point for corner, said point being in the proposed north right-of way line for U. S.
Hwy. 380,•
TRENCE,• S 76°04'40" W almg said north line, 20.30 feet to a point far corner,-
THENCE,• leaving said north line, N 23 °51 '43" W, 33263 feet to an angle point,-
THENCE,• N 45°20'E, 68.24 feet to a point !or corner, said point being the south right-of way line of Woodland Street,•
TNENCf,• N 89 °54'71 "f along said south right-of-way line, 28.50 feet to the PO/NT Of BEGINN/NG and CONTA/N/NG
0.1832 acres of land more or less as surveyed by john nalljr. rpls b 1970 during the month of July 2002 .
See attached Survey Sketch jnjS-0006
"Dedicated to Quality Service"
www.cityofdenton.con~
,. ,: EXHIBIT „A_6„ ~3`0~' Q~;25.g,,
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INO ~Ip trNP NL
THECiMF, P<<k~s~' se ence on
COUV.•o ht{tldN Dmtne F'IeN yE0cOg0ED.in tna.
It, eeY CaPN NaPM;~NeIPol1'enl MZS_~~~clBndwe•HeY
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APR ~ 3 2403
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-Cp17ryTV CLER •~r*i
DENTON OOONfY' ~~
DENTSN CS~INT~ca~X in:
CYNTHIA MITCH~LL, COUNTY CLERK
On Apr 03 2003
At 11:16am
Receipt Ik: 19493
Recording: 29.00
Doc/Mgmt 6.00
Doc/Num : 2003-80049144
Doc/T pe ERS
Deputy -E RIN
~TUK.N To
City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson