2002-378O INANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE C1TY OF DENTON, TEXAS AND DENTON STATE SCHOOL,
ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF MENTAL HEALTH AND
MENTAL RETARDATION FOR THE ACQUISITION OF EASEMENTS AND WATER TANK
SITE AND THE INSTALLATION OF A REUSE WATER IRRIGATION SYSTEM; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Denton (the "City") and Denton State School, acting by and through
the Texas Department of Mental Health and Mental Retardation (the "State") desire to enter into an
Interlocal Agreement for the City's acquisition of easements and a water tank site on the State's
property and to provide for the installation of a reuse water irrigation system, a copy of which is
attached hereto and made a part hereof (the "Agreement"); and
WHEREAS, the City Council fmds that the Agreement is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement,
including the expenditure of funds as provided in the Agreement.
SECTION 3.
approval.
This ordinance shall become effective immediately upon its passage and
PASSED ANDAPPROVEDthisthe /~-~ dayof~/~~A/- ,2002.
[
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, QITY SECRETARY
APPROVED AS TO LEGA~j, ORM:
INTERLOCAL AGREEMENT
BETWEEN
CITY OF DENTON AND DENTON STATE SCHOOL
THIS AGREEMENT is made and entered into as of the effective date provided below by
and between the City of Denton, Texas, a Texas Home Rule Municipal Corporation (the "City")
and the Denton State School, acting by and through the Texas Department of Mental Health and
Mental Retardation (the "State").
WHEREAS, the City and State are entering into to this Agreement pursuant to the
Interlocal Cooperation Act, being Chapter 791 of the Government Code (the "Act"); and
WHEREAS, the governmental functions or services provided for in this Agreement are
functions or services each party is authorized to perform individually; and
WHEREAS, each party paying for the performance of governmental functions or services
under this Agreement shall make such payments from current revenues available to the paying
party and such amounts will fairly compensate the performing party for the services or functions
performed under this Agreement; and
WHEREAS, the State is the owner and operator of the Denton State School which is
located on certain real property in Denton County, Texas (the "State School Property"); and
WHEREAS, the City and the State by separate agreement are entering into a Beneficial
Reuse Water Contract a copy of which is attached hereto and made a part hereof as Attachment
"A" (the "Reuse Water Contract") whereby the State will purchase from the City treated
wastewater effluent ("Reuse Water") for irrigation purposes at the State School Property; and
WHEREAS, the State is the owner of an elevated water storage tank (the "Water Tank").
which is located on the State School Property (the "Water Tank Site") as described and shown in
Exhibits "A" and "B" of that certain water easement which is attached hereto and made a part
hereof as Attachment "B (the "Water Easement"); and
WHEREAS, the City is in need of the Water Easement and also that certain Public Utility
Easement which is attached hereto and made a part hereof as Attachment "C" (the "Public Utility
Easement") (collectively called the "Easements") to provide services under the Reuse Water
Contract and to fulfill other public purposes; and
WHEREAS, the State is need of the installation of an irrigation system on its property to
utilize the reuse water for irrigation purposes (the "Irrigation System");
NOW THEREFORE, for and in consideration of the terms and conditions contained herein
the City and State agree as follows: ~.xT~0 ~
I.
Subject to the terms and conditions provided herein, on or before 4,a.~a~g¢, 2002, or on such
other date that is mutually agreed in writing by the parties (the "Closing Date"), such closing to
be held at the office of Texas Title Company, Attention: Stacie Holbert (the "Title Company)
the parties shall consummate this Agreement as follows:
a. The State shall grant and deliver the Easements to the City free and clear of all liens and
ecumbrances. If the Easements cannot be granted free and clear of all liens and encumbrances
then the City at its option may terminate this Contract, in which case it shall have no further
fome or effect.
b. The parties shall execute the Reuse Water Contract.
c. The City shall pay the sum of $44,000.00 into escrow (the "Escrow") with the Title
Company to be held in a federally insured interest bearing account and distributed as provided in
Article II below.
d. The State shall execute and deliver to the City a written right-of-entry authorizing the
City and the Landscape Firm, and their employees and agents to enter upon the State's property
to design and construct the Landscape System.
II.
The City and Title Company am authorized to accept delivery of the Easements and record
them at Closing notwithstanding the Escrow. The Escrow shall be utilized for the purpose of
designing and constructing the Irrigation System. The design shall meet the State's
specifications and shall be designed and constructed to meet City and TNRCC standards for
reuse water irrigation systems. The City, with the consent of the State, shall select and contract
with a landscape firm (the "Landscape Firm") to design and construct the Irrigation System (the
"Landscape Contract"). The Landscape Contract shall provide for performance and payment
bonds as required by law and shall contain the City's standard insurance requirements with the
City and State named as additional insureds. The total cost of the Irrigation System shall not
exceed the amount of the Escrow unless the parties agree to an increase in writing. In the event
of an increase the State shall immediately pay the City the increased amount. Upon the
completion of the Irrigation System the Title Company shall pay the Escrow over to the City for
payment to the Landscape Firm upon receipt of a written certification from the City and State
that the Irrigation system is completed ("Completion Certification"). At time of completion the
City shall assign the Landscape Contract and any warranties to the State. If any of the Escrow
funds, including interest earned, remain unexpended upon completion of the Irrigation System,
as evidenced by the Completion Certification, then all such remaining funds shall be remitted to
the State at the following address: TDMHMR Attn: Cashier P.O. Box 12688 Austin, Texas
PAGE 2
78711. The City will provide the State with support, guidance and consultation upon request and
as needed to assure that the State is aware of and educated about the safe operation of the reuse
water irrigation system and pertinent TNRCC regulations.
III.
If State fails to fully and timely perform any of its obligations under this Contract or fails
to consummate the sale of the Easement for any reason, except City's default, City may enforce
specific performance of this Contract as its sole remedy under this Contract. In the event City
fails to consummate the purchase of the Easements or fully and timely perform its obligations
under this Contract, if State is not in default under this Contract, State will have the right to
enforce specific performance of this Contract as its sole remedy under this Contract.
IV.
If the City permanently discontinues use of the Water Tank it shall remove the Water
Tank fi.om the Water Tank Site. State represents and warrants that the City shall have a right of
ingress and egress between the Water Tank Site and State School Road. The current access drive
is sufficient for such purpose (the "Current Access Drive"). Should the Current Access Drive be
closed, Seller shall provide an alternate access drive that is equal to or better than the Current
Access Drive. In accessing the Easements, the City and its contractors will observe the State's
safety rules which are designed to provide safety to the School's residents and staff. The
pipeline to be installed at the School entrance will be bored so as to avoid damage to the entrance
sign and surrounding trees.
1. Assignment of Contract. This Contract cannot be assigned without the prior written
consent of the other party.
2. Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated hereby shall survive the closing
and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath
the signature of the party.
4. Texas Law to Apply. This Contract shall be construed under and in accordance with the
laws of the State of Texas, and all obligations of the parties created hereunder are performable in
Denton County, Texas.
5. Parties Bound. This Contract shall be binding upon and inure to the benefit of the
PAGE 3
parties and their respective successors and assigns.
6. Legal Construction. In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been
contained herein.
7. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of
the parties and supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Contract.
9. Gender. Words of any gender used in this Contract shall be held and construed to
include any other gender, and words in the singular number shall be held to include the plural,
and vice versa, unless the context requires otherwise.
10. Effective Date. The term "Effective Date" means the latter of the dates on which this
Contract is signed by either the City or the State, as indicated by their signature below.
11. Expiration Date. Unless otherwise extended in writing by mutual consent of both
parties, this Agreement shall expire on the twenty first anniversary of the Effective Date.
IN WITNESS WHEREOF, City and State have executed this Contract as of the Effective Date:
215 E. McKirmey
Denton, Texas 76201
ATTEST:
JENI~ER W~ALTERS: ~ITY SECRETARY
ATTEST:
BY:
APPROVED ~tS TO FORM
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
Karen F. Hale
Commissioner
PAGE 5
ATTACHMENT A
THE STATE OF TEXAS
COUNTY OF DENTON
BENEFICIAL REUSE WATER CONTRACT
THIS CONTRACT for beneficial reuse of water is made and entered into on this the
day of ., 2002, by and between the CITY OF DENTON, TEXAS, a
Texas Municipal Corporation, 215 East McKinney Street, Denton, Texas 76201 (hereafter"CITY");
and the DENTON STATE SCHOOL, acting'by and through the Texas Department of Mental Health
and Mental Retardation, of P.O. Box 368, Denton, Texas 76202 (hereafter "PURCHASER").
WITNESSETH
WHEREAS, the PURCHASER has identified a use for treated wastewater effluent, for
beneficial reuse, hereinafter sometimes alternatively re~erred to as the "reclaimed water," or "reuse
water" in order to maintain its general landscaping at the Denton State School in Denton, Texas and
to be a more viable and cost-effective altemative than purchasing potable irrigation water; and
%VHEREAS, the City of Denton, Texas, through its Pecan Creek Water Reclamation Plant,
expects to be able to supply to the PURCHASER treated wastewater effluent, for the purpose of its
reuse; and
%VHEREAS, in connection with this Wastewater Effluent Transmission Line Project
("Project") the CITY shall construct a transmission line for the purpose of serving several entities
with treated ~vastewater effluent, which line extends by and is contiguous to the Denton State School
property, xvith its South terminus at the Oakmont Country Club in Corinth, Texas; and
~VHEREAS, this Project generally involves a water-recycling project, and the quality of
effluent produced from the Pecan Creek Water Reclamation Plant presently meets the highest
standard for effluent reuse (Type I); and
~VHEKEAS, because this Contract involves the sale of treated wastewater effluent, as
distinguished from treated potable water suitable for human consumption, the ordinances of the City
of Denton, Texas concerning potable water rates do not apply to this Contract; and
WHEREAS, the Texas Natural Resource Conservation Commission (hereafter "TNRCC")
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has adopted the 30 TAC Chapter 210 Rules which regulate the use of reclaimed water, and
WHEREAS, the City of Denton, Texas has incorporated the 30 TAC Chapter 210 Rules in the
"Beneficial Reuse Water User's Handbook;" and
WHEREAS, on the 20~t~ day of December, 2000, PURCHASER and the CITY entered into a
"Letter of Subscription and Commitment" ("Commitment Letter") providing for PURCHASER'S
purchase of treated wastewater effluent from the CITY; specifying a monthly base payment, as in a
"take or pay" agreement utilized in the water industry, plus a volume rate per thousand gallons of
treated wastewater effluent, over a certain usage level; the Commitment Letter further provided for
delivery of the treated wastewater effluent by the CITY to the PURCHASER'S individual meter
point; made the delivery of treated wastewater effluent not subject to rationing; and provided for the
PURCHASER to increase its minimum monthly base amount of treated wastewater effluent in order
to meet its increased needs; and other relevant provisions; and
WHEREAS, PURCHASER and CITY have entered into that certain Interlocal Agreement
providing for utility easements, a water tank site and the installation of a reuse water irrigation
system on PURCHASER's property (the "Interlocal Agreement"); and
NOW THEREFORE, for and in consideration of the terms and conditions contained herein;
the promises and covenants made herein; the terms and provisions of the Letter of Subscription and
Commitment hereinabove referred to, and the consideration paid and to be paid by the TEXAS
DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, the owner of the
described Property, hereafter called "PURCHASER", to the City of Denton, Texas, hereafter called
"CITY", the parties do hereby CONTRACT and AGREE as follows:
ARTICLE I.
PURCHASE, TRANSPORTATION AND DELIVERY OF REUSE WATER
§ 1.1 OBLIGATIONS. Purchaser has previously signed a Letter of Commitment and Intent
(hereafter the "Commitment Letter") attached hereto and incorporated herewith by reference as
Exhibit "A". The Letter provides that the PURCHASER will purchase reuse water from the CITY.
PURCHASER hereby agrees to take and pay for the quantity of reuse water that PURCHASER has
2
made a commitment per the Letter, for the purpose of on-site irrigation of the property owned or used
by PURCHASER at the point of delivery hereinafter described in Exhibit "B," attached hereto and
incorporated herewith by reference. If the PURCHASER at any time during the term of this Contract
needs, and can beneficially use reuse water in excess of the volume of re-use water set forth in Exhibit
"A", PURCHASER may request an additional supply of reuse water, which shall be made available
by CITY, in good faith, subject however, to product availability and transmission considerations.
{} 1.2 DELIVERY OF REUSE.WATER. CITY agrees to deliver, under the limitations and
conditions hereafter set forth in this Contract, the reuse water which PURCHASER needs on a
continuous basis at the delivery/individual meter point shown on Exhibit "B" attached hereto.
PURCHASER shall be responsible for construction and maintenance of all distribution lines from the
existing CITY reuse lines. PURCHASER shall pay all associated costs for tapping fees, meters,
batching stations, and any other costs incurred by the CITY to provide the reuse water to the
PURCHASER. Each treated wastewater effluent customer of the CITY along the Project, shall have
its own reinforced concrete buried meter station. Title to, possession, and control of the reuse water
shall remain with the CITY until it passes through the PURCHASER'S meter and control valve at the
point or points of delivery as herein described; where title to, possession, and control of the reuse
water shall pass from the CITY to the PURCHASER. The CITY does not guarantee its ability to
furnish any reuse water supplied under this Contract at any particular pressure, but rather the pressure
delivered shall be such pressure as the CITY'S system will render at the PURCHASER'S point of
delivery.
{} 1.3 NO RATIONING OF WATER. The treated wastewater effluent sold by the CITY to
the PURCHASER shall not be subject to rationing during any period of drought, or during any period
of time that the use of potable water is curtailed or otherwise restricted pursuant to any drought
contingency plan, then in force and effect.
ARTICLE II.
QUALITY AND USE OF REUSE WATER
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§2.1 QUALITY OF REUSE WATER. The quality of the reuse water to be supplied by CITY to
PURCHASER under this Contract shall meet the quality requirements established in 30 TAC Chapter
210 for "Type I," as they may be amended from time-to-time, which quality requirements are
currently as shown below:
BOD5 or CBOD5 5mg/L
Turbidity 3 NTU
Fecal Coliform 20 CFU/100 mi*
Fecal Coliform 75 CFU/100 ml**
* Geometric mean
** Single grab sample (not to exceed)
The CITY shall perform required sampling and analysis on the reuse water as prescribed by
applicable regulatory agencies. ,'
§2.2 USE OF REUSE WATER BY PURCHASER. PURCHASERSHALLUSETHEWATER
RECEIVED BY AND UNDER THIS CONTRACT FOR ON-SITE IRRIGATION PURPOSES
ONLY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF 30 TAC CHAPTER 210.22,
210.23 AND 210.24. "On-site irrigation" refers to the use of water for maintenance and
beautification of the landscaping and facilities of the PURCHASER. THE REUSE SVATER
SUPPLIED UNDER THIS CONTRACT IS NOT SUITABLE FOR HUMAN CONSUMPTION
AND SHALL NOT BE USED BY PURCHASER OR ANY THIRD PARTY FOR ORDINARY
DOMESTIC USE. PURCHASER shall take ail necessary precautions to prevent consumption of the
subject reuse water by its employees or other persons, including the posting of warning signs in both
English and Spanish, in large and conspicuous printed letters at least four (4") inches high, at all
places where employees or other persons are likely to have access to the reuse water. The actual
establishment, maintenance, and enfomement of such safety precautions shall be under the exclusive
dominion and control of PURCHASER. PURCHASER assumes full legal responsibility for any and
all damages resulting from human consumption of the subject reuse water after it reaches the
PURCHASER'S point of delivery. PROVIDED HOWEVER, PURCHASER does not hereby waive
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any defense that may be available under the laws and the Constitution of the State of Texas, or
other~vise, in the event of any suit or action brought against it by any third~party for damages.
{}2.3 USE OF REUSE WATER BY THIRD PARTIES. PURCHASER shall not sell, trade,
exchange, donate, or otherwise transfer the reuse water provided by this Contract to any third party,
and shall not permit or allow the reuse water to be used in any manner by any third parties.
{}2.4 COMMINGLING OF REUSE WATER. PURCHASER shall construct or cause to be
constructed supply lines such that it is not possible for any reuse water supplied to PURCHASER
under this Contract from PURCHASER to re-enter any potable water system. However, this shall not
prevent the commingling in water storage facilities of PURCHASER'S reuse water with other water
obtained by PURCHASER from another system of' source for irrigation purposes. All such
commingling shall be subject, however, to applicable City of Denton regulations and ordinances, or
those of other governmental agencies governing the use of reuse water.
{}2.5 DISCHARGE OF REUSE WATER PURCHASER shall not cause or permit the
discharge of reuse water off-site, either airborne or by surface runoff, unless permitted by the
TNRCC.
{}2.6 EXCESS AMOUNTS OF REUSE WATER Excess reuse water, if any, must beretumed
by PURCHASER to the CITY's waste collection system.
{}2.7 DRIFT OR SPRAY OF REUSE WATER PURCHASERshallnotusereusewaterinany
manner where the result would be any drift or spray to areas where the general public would be
exposed.
{}2.8 WET GRASS CONDITIONS. PURCHASER shall apply reuse water in such manner as
to minimize wet grass conditions in unrestricted landscaped areas during the periods that the area
5
should be in use.
{}2.9 EFFECT ON GROUND WATER. PURCHASER shall utilize reuse xvater in a manner
that does not threaten or adversely affect ground water.
{}2.10 CONDITION OF SOIL. PURCHASER shall not apply any reuse water to the ground
when the ground is either saturated or frozen.
{}2.11 NUISANCE. PURCHASER shall be solely responsible for the prompt clean-up of any
nuisance conditions that exist on PURCHASER'S real property, which result from storage or the use
of reuse water received from the CITY.
{}2.12 BENEFICIAL REUSE WATER USERS' HANDBOOK. PURCHASER confirms its
receipt of the "Beneficial Reuse Water Users' Handbook" (hereafter the "Handbook") published by
the City of Denton, Waste~vater Utilities, and which Handbook was approved by the City of Denton
Public Utilities Board on the 7't' day of January, 2002. The CITY confirms that it will promptly issue
PURCHASER a copy of any new or amended Handbook that it may issue in the future.
PURCHASER is fully responsible for knowing the contents of the Handbook and fully complying
~vith it.
{}2.13 RESPONSIBILITY OF THE PARTIES. CITYshallnotberesponsible, nor liable for any
contamination of the reuse water or the inappropriate use or application of the reuse water supplied
under this Contract after it passes through the PURCHASER'S described point of delivery (Exhibit
"B" hereto). PURCHASER shall fully and absolutely indemnify the CITY, to the extent provided for
and allowed by law, for any and ail damages and claims for damages arising from any contamination
of the reuse water supplied under this Contract after it passes through the PURCHASER'S point of
delivery; except regarding any damages resulting from the CITY'S failure to deliver the quality of
reuse water required by State law and by the terms and conditions of this Contract.
6
ARTICLE IlL
RATE AND METERING
§3.1 RATE CHARGED FOR REUSE WATER. The rate for reuse water based on the
Commitment Letter (Exhibit "A"), for a period of five (5) years from the effective date of this
Contract shall be two-fold:
(A) A monthly base charge of $700.00 per month, which covers up to 518,000 gallons of treated
wastewater effluent. This monthly base rate provision is similar to a '~take or pay" provision used in
the water industry. The monthly base charge shall be due and payable by PURCHASER for each and
every month that the Contract is in effect, whether or not PURCHASER has utilized any treated
wastewater effluent for that month or not. There shall also be no carryover of surplus wastewater
effluent from year to year, based on the fiscal year OctSber 1 through September 30 (the "Fiscal
Year"). Hoxvever, the monthly 518,000 gallon usage ¢nay be carried over within the fiscal year so
long as the total gallon usage for any given month does not exceed 1,000,000 gallons and the total
gallon usage for the Fiscal Year does not exceed 6,216,000 gallons. Usage in excess of these limits
shall be billed at the rate specified in §3.1(B).
(B) If applicable, a volume rate orS 1.35 per thousand gallons of treated wastewater effluent, plus
a facility charge of $16.20, per monthly billing period in ~vhich the volume rate is applied.
§3.2 RATES AFTER FIVE YEARS. After five (5) years from the effective date of this
Contract, these rates may be adjusted annually by the CITY, on each October I. The revised rates, if
any, will be based on ~vater reclamation plant operation and maintenance and non-operating expenses
and waste~vater treatment volumes from the most recently completed fiscal year. PROVIDED
HOWEVER, because of special considerations provided to the CITY by PURCHASER, the parties
agree that the applicable rate to be charged to PURCHASER after five (5) years from the effective
date of this Contract, shall not exceed fifty (50%) pement of the potable water rate for the City of
Denton, Texas.
§3.3 METERING. CITY shall operate, maintain and read the reuse meter/meters and shall bill
7
PURCHASER monthly based on such meter reading. If for any reason the meter shall fail to register
for any period, PURCHASER shall be billed for the amount of reuse water delivered for the
corresponding month of the year immediately preceding the failure, if such record is available. If
these records are not available, CITY shall reasonably estimate the amount of the consumption during
the period in question and bill PURCHASER on the basis of such estimate. In determining the
estimate of PURCHASER'S consumption, CITY shall average the applicable month for the past three
years. If there is not a three-year history, the CITY shall consider as a factor the rain or drought
conditions for the applicable period. Further PURCHASER agrees that it shall not in any manner
interfere, tamper, or attempt to do anything with regard to the operation or functioning of such
meter/meters.
§3.4. PURCHASER'S OPTION. Purchaser may'increase its minimum monthly base amount of
treated wastewater effluent purchased during the tem~ of this Contract in order to meet its increased
needs by notifying the CITY, in writing, who ~vill then determine a new monthly minimum monthly
base charge in light of the increase of the monthly base amount of treated wastewater effluent
purchased. The CITY shall be obligated to increase such monthly minimum base amount, subject
only to the condition that the CITY must be able to transport the increased volume of treated
xvastewater effluent to PURCHASER through the existing treated wastewater effluent transmission
line.
ARTICLE IV.
TERM
§4.1 TERM AND RENEWAL OF CONTRACT. This Contract shall be for a term beginning
with the effective date, and ending five (5) years after that date. This Contract may be renewed for
subsequent ten (10) year periods with the concurrence of both parties. Such extensions will be
permitted for the twenty (20) year period of the Water Easement provided for in the Site Contract.
The Purchaser shall provide written notice to the City at least six months in advance of expiration of
the Contract that the Pumhaser desires to renew this Contract.
{}4.2 EFFECTIVE DATE. This Contract shall be effective as of the date when all of the
following have been satisfied:
(A) PURCHASER'S and CITY'S execution of this Contract; and
(B) CITY has connected its treated wastewater effluent transmission line to the
PURCHASER'S delivery point and the same is operational; and
(C) CITY'S issuance of a written "Notice to Proceed" to PURCHASER.
§4.3 TERMINATION OF CONTRACT. This Contract shall be terminated if either party is
prevented from fulfilling an obligation under this Contract by any final judgment of a court of
competent jurisdiction, legislation, or other force majeure. PURCHASER may terminate the Contract
if PURCHASER is of the opinion that the reuse water quality is such as to prevent the PURCHASER
from using it for the purpose of irrigation. In that event, PURCHASER shall provide the CITY at
least sixty (60) days written notice of its intention to terminate the Contract. CITY may terminate this
Contract if monies required to be paid by PURCHASER pursuant to this Contract are not paid within
thirty (30) days of written notification issued by the CITY to PURCHASER at PURCHASER'S
billing address according to the CITY'S records. Either party may terminate this Contract upon the
failure of the other party to abide by the provisions of this Contract and to cure the alleged default,
after being provided thirty (30) days written notice to do so by the other party. This Contract also
may be terminated by the mutual agreement of PURCHASER and CITY.
ARTICLE V.
FACILITIES
§ 5.1 ON-SITE FACILITIES. PURCHASER shall construct and pay for all necessary facilities
to deliver, store, use and discharge or dispose of the reuse water from the point of delivery onto
Purchaser's property, until such re-use water is used, discharged, or disposed of, ~vhich facilities shall
be described for purposes of this Contract, as on-site facilities. Design and construction must meet
criteria established by CITY regulation and ordinance as well as those established by 30 TAC §210.
9
{}5.2 SECURITY OF PURCHASER'S SERVICE SYSTEM. PURCHASER'S service system
shall be installed by PURCHASER so as to prevent operation by unauthorized personnel pursuant to
30 TAC {}210.25.
{}5.3 REQUIRED PIPING. PURCHASER shall use an existing separate non-potable, or shall
design and construct a separate non-potable water distribution system in compliance with 30 TAC
{}210.25 and any other applicable local and state regulations.
10
§5.4 STORAGE PURCHASER shall comply with storage as required by 30 TAC §210.23
and any other applicable local and state requirements.
§5.5 TAILWATER WATER CONTROLS. PURCHASER shall construct any required tailwater
water controls, as required by applicable local and state regulations.
{}5.6 COST OF PURCHASER'S ON-SITE FACILITIES. PURCHASER shall have title and bear
all responsibilities including the costs o finstalling, operating, maintaining, permitting, licensing, and
repairing any and all of PURCHASER'S on-site facilities, other than those facilities owned by the
CITY, unless provided for by other mechanisms.
§5.7 ACCESS TO PURCHASER'S PROPERTY. ,' PURCHASER shall allow the CITY 24-
hour access onto PURCHASER'S property (only that property which is the subject of this Contract)
as necessary to operate, maintain, and inspect facilities owned by the CITY.
§5.8 THE DENTON STATE SCHOOL ELEVATED WATER STORAGE TOWER. Asapartof
the bargained for consideration provided for herein, PURCHASER agrees to convey to the CITY the
sole and exclusive right of use and benefit, in the form of an easement or other form of conveyance,
permitting the CITY's possession of the Elevated Water Storage Tower on-site for its treated
wastewater effluent operations. PURCHASER further agrees that once the CITY has discontinued its
usage of the Elevated Water Storage Tower for its effluent operations, that CITY, at CITY's sole cost,
will notify PURCHSAER and will be solely responsible for removing the Elevated Water Storage
To,vet from PURCHASER's premises in a safe and pradent manner.
ARTICLE VI.
GENERAL PROVISIONS
{}6.1 GOVERNING LAW; VENUE; LEGAL CONSTRUCTION. This Contract shall be
govemed by and construed in accordance with the laws of the State of Texas. The obligations of the
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parties to this Contract are performable in Denton County, Texas, and if legal action is necessary to
enforce same, exclusive venue shall lie in Denton County, Texas. In case any one or more of the
provisions contained in this Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Contract, and this Contract shall be considered as if such invalid, illegal, or
unenforceable provision had never been contained in this Contract.
{}6.2 ASSIGNMENT OF CONTRACT.
written consent of the other party.
This Contract cannot be assigned without the prior
§6.3 COMPLIANCE WITH APPLICABLE LAWS. ' This Contract is subject to all legal
requirements of the City Charter of the City of Denton,'Texas, the Denton Code of Ordinances, and
other laws and regulations both state and federal; and PURCHASER agrees that it will promptly
comply with all applicable laws, regulations, orders, and rules of the Federal, State, County, City, and
all other applicable governmental agencies. Specifically, PURCHASER will comply ~vith ail
provisions of 30 TAC §210 as it is currently adopted or as it may be hereafter amended. These
regulations are included in the above-referenced "Beneficial Reuse Water Handbook."
§6.4 FORCE MAJEURE. Neither CITY nor PURCHASER shall be required to perform any
term, condition, or covenant in this Contract, so long as such performance is delayed or prevented by
force majeure, which shall mean acts of God, civil riots, floods, and any other cause, not reasonably
within the control of CITY and/or PURCHASER and which by the exercise of due diligence, CITY or
PURCHASER is unable, wholly or in part, to prevent or overcome.
§6.5 ENTIRE AGREEMENT. This Contract embodies the complete a~eement of the parties
hereto, superseding any and all oral or written previous and contemporary contracts or agreements
between the parties and relating to matters contained in this Contract, except as otherwise provided
herein. This Contract may not be modified without the written agreement of both parties hereto.
12
{}6.6 HOLD HARMLESS. PURCHASER, only to the extent allowed by applicable la,v,
agrees to protect, defend, and save the CITY, its representatives, officers, agents, employees, and
attorneys harmless from and against any and all claims, demands, and causes of action of every kind
and character, losses, costs, expenses, attorney's fees, and damages of every kind and character, for
injury to, or death of any person or damage to any property arising out of or in connection with the
construction, use, storage, maintenance, disposal, or discharge of reuse water of or from
pURCHASER'S on-site facilities. Also, this provision shall not apply if any claim arises and is
proximately caused by the CITY'S failure to deliver the quality of reuse water required by State law,
and by the provisions of this Contract. The provisions of this Subsection 6.6 shall not apply to any
liability resulting from the sole negligence of CITY, its representatives, officers, agents, employees,
or attorneys.
{}6.7. HOLD HARMLESS - GOVERNMENT REGULATION. In its performance of this
Contract, PURCHASER shall comply with all applicable federal, state, and local laws or regulations
related to the use or reuse of reuse water, or the environment, and will hold the CITY, its
representatives, officers, agents, employees, and attorneys harmless from and against any and ail
claims, demands, suits, causes of action, losses, damages, costs, attorney's fees, and expenses arising
out o f any noncompliance violation or alleged noncompliance violation by PURCHASER of any such
la;vs; PROVIDED HOWEVER, only to the extent provided by applicable law.
{}6.8 REMEDIES. In the event that CITY is unable in good faith to comply with the delivery
of reuse ~vater requirements to PURCHASER in this Contract, then PURCHASER'S sole remedy
shall be to take CITY potable water and to pay for the potable water so taken at the rates established
for the potable water used less a discount of $23.00 dollars per day for any 24-hour period in which
the CITY is unable to deliver reuse water. The exercise of this remedy by PURCHASER shall
require ten (10) days prior written notice by PURCHASER to the CITY. The CITY shall give
PURCHASER ten (10) days prior written notice of its inability to comply with the reuse water
13
requirements for foreseeable events and 24 hour notice for emergencies.
{}6.9 REQUIRED PERMITS AND LICENSES. The parties shall each maintain in effect
during the term of this Contract, any and all federal, state, and/or local licenses and permits which
may be required of parties generally regarding the subject of reuse water.
{}6.10 REQUIRED RECORDS. Both CITY and PURCHASER shall maintain such records as
are required by state regulations and shall notify the TNRCC in writing within five (5) days of
obtaining knowledge of reuse water use not specified and approved by the Executive Director of the
TNRCC.
{}6.11 POLICE POWERS NOT AFFECTED. · This provision does not affect the police powers
of the CITY of Denton, Texas or of any other governmental agency.
{}6.12 BINDING EFFECT ON SUCCESSORS AND ASSIGNS. TtffsContractshallbebinding
upon and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors, and their assigns.
{}6.13 CAPTIONS AND COUNTERPARTS. The captions to the various Articles and
Subsections of this Contract are for informational purposes only and shall in no ~vay alter the
substance or meaning of the terms and conditions of this Contract. This Contract shall be executed in
duplicate original counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
EXECUTED by the City of Denton, Texas ("CITY") and the DENTON STATE SCHOOL, acting by
and through the Texas Department of Mental Health and Mental Retardation (hereafter the
PURCHASER) acting by and through their respective duly authorized and empowered officers and
representatives, on this the day of ,2002.
14
EXHIBIT A
215 E. McKINNEY DENTON, TX 76201 · (940)349-8230 · FAX (940)
349-8120
UTILITY ADMINISTRATION
December 15, 2000
Shirley Musgrave
Assistant Superintendent of Administration
Denton State School
3980 State School Road
Denton, Texas 76210
Re;
Utilities
Letter of Subscription and Commitment
Purchase of Treated Wastewater Effluent from Denton Municipal
Wastewater Effluent Transmission Line Project
Dear Ms. Musgrave:
The purpose of this letter is to memorialize and secure Denton State School's
CCu~tuJn~") written subscription and fim~ connnitment to participate as a customer of
Denton Municipal Utilities ("City") to purchase treatment wastewater effluent from the
City's Pecan Creek Water Reclamation Plant ("Plant"), in connection with the
Wastewater Effluent Transmission Line Project extending Southerly from the Plant
along Mayhill Road, and along State School Road, with its temfinus at Oakmont Country
Club, in Corinth, Texas ("Project").
Generally speaking, the Project is a water-recycling project. The effluent quality
from the City's Plant meets the highest standard for effluent reuse (Type I). The City
intends to offer the sale of wastewater effluent from the Project as a viable and more
cost-effective alternative than some of its customers purchasing irrigation water.
The wastewater effluent transmission line ("line") will be approximately 13,600
linear feet in length, and consists of 18" diameter, and a small amount of 8" diameter
"Dedicated to Quality Service"
www. cityof denton, com
PVC linc. Each treated wastcwatcr cf fluent customer of the City along thc line will have
its own reinforced concrete buried meter station. The City's estimated cost to construct
and install the Project is $1.6 million.
The City, after careful analysis, has determined that the concentration of potential
treated wastewater effluent customers in the area of your business makes the
construction and installation of a wastewater effluent transmission line economically
viable. The Denton Public Utilities Board ("PUB") has indicated its support for the
general concept of the Proj oct, but has expressed a concern regarding the City's ability to
recover its costs to be expended on the Proj oct over a reasonable period of time.
Accordingly, in order for the City to proceed and move forward with this Project and in
order to justify thc cxpcnditurc of funds on this Proj oct, City Staff has been instructcd to
obtain firm written letters of subscription and commitment from the four targeted
potential wastewater effluent customers along the proposed mute of the line in order to
justify the City's financial commitment to the 'Project. These four customers arc:
Oakmont Country Club, Denton State School, Denton Regional Medical Center, and the
Professional Office Building. City Staff expects that before final approval of this
Project is s~ug.h*, from thc PUB and t. hc Den~.on City Council, that letters of subscription
and commitment will have to be obtained from all four of the targeted customers
identified above.
The basic concepts and general terms of the final separate Agreement to be
entered into by and between the City and Customer in the near future are as follows:
1. The City requires a commitment from Customer to pay at a minimum, a monthly
base charge of $700.00/month with access to 518,000 thousand gallons/month cf treated
wastewater effluent for a minimum term of five years. The final Agreement shall be
drafted so that this provision is similar to a "take-or-pay" agreement used in the water
industry. The monthly base charge shall be due and payable by Customer for each and
every month that the Agreement is in effect, whether or not Customer has utilized any
effluent or not for that month. There shall be no carryover of surplus effluent from year
to year-based on fiscal year October I through September 30.
2. Thc Cuatomer ma>' increase its minimum monthly base amount of treated
wastewater effluent purchased during the term of the Agreement in order to meet its
increased needs by notifying the City, who will then determine a new monthly minimum
monthly base charge in light of the increase of the monthly base amount of effluent
pumhased. The City shall be obligated to increase such monthly minimum base amount,
subj oct only to the condition that the City must be able to transport the increased volume
of effluent to Customer through the line.
3. The treated wastewater effluent sold by the City to Customer shall not be subjcct
"Dedicated to Quality Service"
www. cityof denton, corn
to rationing during any period of drought, or during any period of time that the use of
water is curtailed or otherwise restricted pursuant to any drought contingency plan, then
in force and effect.
4. The treated wastewater effluent shall be delivered by the line by the City to
Customer's individual meter point.
5. The City reasonably projects that the Project will be substantially complete and
that it will be able to transport and sell treated wastewater effluent to Customer by June
2001. in the absence of any catastrophe, force majeure, or problems with easement
acquisitions.
By signing this letter of subscription and commitment, you are stating your
intention to subscribe as a City treated wastewater effluent pumhaser under the above
basic terms and provisions. The City will rely on your commitment remaining firm, and
will expect you to enter into a final, more detailed Agreement encompassing all terms,
conditions, and covenants, at a time in the near future; all subject to the approval of the
PUB and the final approval of the Denton City.Council.
We appreciate you interest and your desire to participate in this Project. The City
Staff looks forward to working with you on the Project and serving your treated
wastewater effluent needs.
Please contact me at the above address or telephone number if you have any
questions.
Sincerely,
Howard Martin
Assistant City Manager/Utilities
HM/msc
"Dedicated to Quality Service"
www. cityof denton, corn
APPROVED AND AGREED:
Denton State School
Shirley ~usgr~{~,e
Assistant Superintendent of Administratiou
Dated: /2/~£/
Pat Martin
Director of Central Contract and
Procurement Support
Dated:
Max Harelik
Energy Management Specialist
Dated: [ 7.. -' ~ ~3 .,9~'.;
"Dedicated to Quality Service"
www. cityofilento., corn
/ Z55 1970
REUSE WATER EASEMENT
009, 28
THE STATE OF TEXAS, §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar-
dation, (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a water utility easement across the real property owned by Grantor, as described in
EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this document by ref-
erence.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City this easement for the purpose of constructing, recon-
structing, installing, repairing, and maintaining water facilities, upon and across said premises, with the
right and privilege at all times of the grantee herein, his or its agents, employees, workmen and repre-
sentatives 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 water facilities or any part thereof. This grant
specifically includes the right to use, maintain, construct and reconstruct the existing elevated water
tank (the "Existing Water Tank")on the water tank site described and illustrated on EXHIBITS "A" and
"B". If the City permanently discontinues use of the Existing Water Tank (as definded in Section 9 be-
low), or upon cessation of this easement, it shall remove the Existing Water Tank fi:om the water tank
site. Grantor represents and warrants that the City shall have a right of ingress and egress between the
Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the
"Current Access Drive"). Should the Current Access Drive be closed, Grantor shall an alternate access
drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erect or place any build'mgs, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the reuse water facilities. If the Grantor con-
stmcts or places buildings, signs, parking lots, driveways, private walkways, or other structures or im-
Page 1 of 4
971
provements over the permanent easement after execution of this easement document, the City may re-
move all or part of the structures and improvements as necessary to construct, reconstruct, replace, re-
pair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or
repair the structures or improvements and without any liability to Grantor including the obligation to
make further payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex-
pense. After completion of the initial construction, the City shall reinstall any fence or gate initially re-
moved or relocated to their original locations, or at the option of the Grantor, reimburse the Grantor for
the cost to reinstall any such fence or gate. The reimbursement amount shall be limited to the line item
cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the
City, may construct new fences and gates on the permanent easement after the date of this instrument
but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed
across the easement shall contain gates or removable panels so that the easement is readily accessible
by the City's employees and agents at all times. If the gates are to be kept locked by Grantor, the City
shall be provided the keys or other means, as applicable, so that the City may open all locks for access
without prior notice to Grantor.
5. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or right~of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exemise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City or twenty
Page 2 of 4
5255 81972
years from the date of this easement, whichever occurs first. Permanent discontinuation of use shall be
construed to mean no use of the easement for the purposes permitted by the easement for a period of at
least two years
10. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall mn with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Witness my hand, this the ~¥ day of '3-u.~e_. ,2002.
ATTEST:
APPROV~TD~S~ TO FORM
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
Name:
Title:
Address:
Page 3 of 4
5255 ~19'/3
THE STATE OF ~.a4 §
COUNTY OF Tr,,-,,~ §
ACKNOWLEDGMENT
This instrument was acknowledged before me on~'o, ra.~t~ ,2002 by ~.,,~. ~. ~'~a..\'~_.
Accepted this ~ day of'l~0~02 for the City of Denton, Texas (Resolution No. 91-
073).
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
EXHIBIT B
SURVEY: M. E. P. & P. R. R. SURVEY. ABS NO. 950 ~ PROP~-H I Y .~L~DRESS: STATE SCHOOL ROAD
LOCATION: CITY OF DENTON, DENTON CO., TEXAS [ PERMANENT WATER EASEMENT: 0.5028 ACRES
PERMANENT WATER EASEMENT I
POINT OF COMMENCEMENT
BRIGHTON DRIVE
PERMAN£NT IYATER £ASEMENT
0.5028 ACRF$ (21,900 Sq. Ft.)
S89'32'3!"E
146.00'
146.00' N89'32'31"W
OF BEGINNING
POSED WATER LIA~E EASEMENT
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PAGE 12
D.R.T.C.T.
0 40' 80'
GRAPHIC SCALE IN FEET
1"=40'
SPOONER & ASSOC.
REGISTERED PROFESSIONAL
LAND SURVEYORS
7417 CONTINENTAL TRAIL
No. RICHLAND HILLS, 1EXAS 76180
817-281-2355
JOB NO. 10,55-7-01
ACAD FILE IO§5-EASE-8
Page { of 2
EXHIBIT C PAGE 1
LEGAL DESCRII'TION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out ora tract of
land conveyed to Denton Stale School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Permanent Water Easement and being herein mom pariicularly described
by metes and bounds as follows:
COMENClNG from thc northeast property comer of the said State School tract, said
commencement point being on Iht southerly right-of-way of Brighton Drive and on the apparent
westedy right-of-way of State School Road.
THENCE, South 2 degrees 30 minutes 51 seconds West, along thc east property line of thc said
State School tract and along thc said westerly rigbt-b f-'.vay of Statc School Road and generally
along a fence, 432.49 feet to a point;
TIIENCE, South 2 degrees 17 miuutes 56 seconds West, conlinuing along thc said east proper!.y
line of thc State School tract and along tile said westerly right-of-way of State School Road and
generally along a fence, 657.62 feet lo a point;
THENCE, Noah 87 degrees ,12 minute's 04 seconds Wcst 38.12 fcct to Ibc POINT OF
BEGINNING;
TIIENCE, South 01 degree 41 n;inutcs 33 seconds West 2,1.00 feet to a point;
TII ENCE, North 87 degrees 47 re[nates 57 seconds West 618.76 fect to a point;
THENCE, North ~9 dcgrees 47 minutes 22 seconds Wes{ 35.11 feet to a point;
TIIENCE, North 70 degrees 36 minutes 06 seconds Wes[ 625.05 feet to a point;
TIIENCE South 40 dcgrecs 07 minutes 52 seconds West 119.03 feet to a point;
TIIENCE South 83 degrees 50 minutes 50 seconds West 502.13 feet to a point;
THENCE North 00 dcgrccs 27 minutes 30 seconds East 163 I feet [o a po[m;
THENCE North 83 dcgrees 50 minutes 57 secouds East 493.84 feet to a point;
THENCE North 40 degrees 07 minutes 52 seconds East 123.67 fcct to a point;
TIIENCE South 70 degrees 35 n'dnutcs 34 seconds East 60236 feet to a point;
THENCE South 87 degrees 47 minutes 57 seconds East 681.37 feet to the F'OINT OF
BEGINNING;
Page 2 of 2
EXHIBIT C PAGE 2
*'Continued"
LEGAL DESCRIPTION
M.E.P. & P.ILR. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
Thc proposed l'crnmneJll Water Eascmcnl being hemin described comains {1.820b (35,744
Ft.) of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associales, lne,
ShaunSpooner /
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Revised 4-18-02
Page I of I
EXHIBIT C PAGE 3
LEGAL DESCP. I PTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in tile City of Denton, Denton County, Texas and being a strip of land out ora tract o£
land conveyed to Denton Stule School by deed as recorded in Volume 435, Page 12 o£tb¢ Deed
Records of Denton County, Tcxas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Temporary Construction Easement and being herein more particularly
described by metes and bounds as follows:
BEGINNING at a point witlfin tile said Denton State School tract, said point bears South 04
degrees 25 luinutcs 03 seconds West 1075.84 I~et from tile northeast property corner of tile said
Denton State School tract;
THENCE South 01 degree 41 minutes 3.3 seconds West i5.00 fect to a point;
TIIENCE
TIIENCE
TIIENCE
TI1ENCE
TIIENCE
North 19 degrees 18 minutes 30 seconds East
Soutl~ 70 degrees 34 minatcs 40 seconds East
South 87 degrees 47 mmu es. 7 seconds East
North 87 degrees 47 minules 57 seconds West 681.37 feet to a point;
North 70 degrees 35 minutes 34 seconds West 480.7[ feet to a point;
25.00 feet to a point;
511.02 feet ~o a point;
654.04 feet to the
POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 0.5145 acres
(22,415 Sq. Ft.) oflaod to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS Pf',.EPAILED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GRC~UND AND THAT SAME IS TRUE AND CORRECT.
Compauy Name: Spooner and Associates, hie,
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Page I o£1
EXHtBIT C PAGE 4
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the Cily of Denton, Denton County, Texas and being a strip of laod out of a tract of
land conveyed to Denton Si:lie School by deed as recorded itl Volume 435, Page 12 of tl',e Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Temporary Construction Easement and being herein more particularly
described by metes and bounds as follows:
BEGINNING at a point withh'~ tile said Denton State School tract, said point bcars South 55
degrees 0g minutes 06 seconds West 1515.12 feet from tile northeast property corner of the said
Denton State School tract;
TIIENCE
TIIENCE
TIIENCE
TIIENCE
TI1ENCE
TIIENCE
South 19 degrees 18 minutes 30 seconds West, 25.00 feet to a point;
Nortb 70 degrees 35 minutes 34 seconds Wes{, 85.64 feet to a point;
Somh 40 degrees 07 minules 52 seconds West
Souflt 83 degrees 50 minutes 57 seconds West
Nonb 00 degrees 27 minutes 30 seconds East
North 83 degrees 51 minbtcs 09 seconds East
TIIENCE Norlh 40 degrees 07 minutes 52 seconds East
TIIENCE Sonth 70 degrees 41 minutes 31 seconds East
POINT OF BEGINNING.
123,67 feet to a po[nt;
493.84 feet to a point;
13.09 feet to a point;
487.09 feet to a point;
140.30 feet to n point;
90.04 feet to
Thc proposed TempornD' Construction Easement being herein described contains 0.2361 acres
(10,287 Sq. Ft.) of[and to be acquired.
I DO IIIZREBY CERTIFY TI IAT TIlE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROU2qD AND THAT SAME IS TRUE AND CORRECT.
Company Nan',e: Spooner and Associates, Inc.
By:~ _
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Parc I
EXHIBIT C PAGE 5
LEGAL DESCI~IPTION
M.E.P. & P,R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED itt thc City of Denton, Denton County, 'texas and being a strip of land out ora tract of
land conveyed to l)cntou S{ale School by dccd ;ts recorded in Volume ,135, I'agc 12 of0m Dccd
Records of Dentoo County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Tempora~ Construction Easement and being herein more particularly
described by metes and bounds as follows:
BEGINNING at a point within the said Denton State School Iract, said point bears South 56
degrees 02 minntes 48 seconds West 1584.15 feet from the northeast property comer of the said
Denton State School tract;
TI IENCE, South 40 degrees 07 minutes 52 seconds West, 129.14 feet to n point;
TIIENCE, South 83 degrees $0 minutes 50 seconds West, 508.85 feet to a point;
TIIENCE, North 00 degrees 27 mioutcs 30 seconds East, 13.09 feet to a point;
TIIENCE, North 83 degrees 50 minutes 50 seconds East, 502.13 I'ecl to a point;
TIIENCE, North 40 degrees 07 minutes 52 seconds East, 119.03 feet to a point;
TIIENCE, Sou h 70 degrees _9 inmates 01 second Eas, 13.89 feet to the
POINT OF BEGINNING.
Thc proposed Temporary Construction Easen~ent being herein described contains 0.1878 acres
(8,184 Sq. Ft.) of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECOP. DS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND TI-IAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associatcs, hie.
Shaun Spooner
Registered Professional Laod Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
SURVEY: M.E. P. & P. R. R. SURVEY, ABS NO. 950
LO(~A TION: CITY OF DENTON, DENTON CO., TEXAS
EXHIBIT *A ° PERMANENT WA TER EASEMENT I
EXHIBITS 'B'* 'C', AND 'O' TEMPORARY
CONSTRUCTION EASEMENTS
REVISED 4-16-02
EXHIBIT B
I PROPERTYADDRES$: STATE SCHOOL ROAD I
PERMANENT WATER EASEMENT: 0.8206 ACRES
POINT OF COMMENCEMENT ~
BRIGHTON DRIVE
2o,.38 ACRES
DENTON STATE SCHOOL .
VOLUME 435, PAGE 12
(~XHIBI? C ) VA}~ABLE ]FIDTN e~Or.~siNsrsuuENr
rxm. oOR~U~r CONSTRUC?~ON x~sxmxx~ ~
0.2361 AC~S (~0 287 Sq. Ft.) .
~ rENPO~Y CONSTRUCTION
2 POB
E24 a~o / LZZ P.O.B~ / ) L2
~ EXHIBIT~" / L3 P.O.B.'
'1 ~ ' EXHIBIT
(E~IBI~ 'D') V~LE YIDTH ~(EXHIBIT ~') V~E YIDTH
TEMPO~Y CONSTRUCTION EASEMENT PERCENT ~ATER EASEMENT
0.~878 AC~E (E, fE4 Sq. Ft.) 0.8206 AC~S (35,744 Sq. Ft.)
OlREC~ON DISTANCE
SPOONER & ASSOC.
REGISTERED PROFESSIONAL
LAND SURVEYORS
'%.
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PAGE 12
D.R.T.C.T.
Ro ER H. MITCHE£L
RUTH MITCHELL
REMAINDER 5.278 AC~S
vogues s94, PACE
O 300' 600'
GRAPHIC SCALE IN FEET
1" = 3Off
I
7417 CONTINENTAL TRAIL I
No. RICHLAND HILLS, 1EXAS 76180
817-281-2~§5
!
DATE 9-26-01
JOB NO. 1053-7-01
ACAD FILE 1053-EASE-8
5255 8,1962
PUBLIC UTILITY EASEMENT
009427
THE STATE OF TEXAS, §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT Denton State School, by and through the Texas Department of Mental Health and Mental Retar-
dation (the "Grantor"), in consideration of the payment of the sum of 0ne Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a permanent public utility easement across the reai property owned by Grantor, as
described in EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this
document by reference.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City the right to construct, install, reconstruct,
repair, relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines, valves,
facilities and appurtenances, electric poles, wires and related facilities, communication lines and other
public utilities and other related facilities in, on, over, under and across the permanent easement.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs
or places buildings, signs, parking lots, driveways, private walkways, or other structures or improve-
ments over the permanent easement after execution of this easement document, the City may remove all
or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter,
relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the
structures or improvements and without any liability to Grantor including the obligation to make further
payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the public utility facilities, the City will remove or relocate the fence or gate at City of
Denton expense. After completion of the initial construction, the City shall reinstall any fence or gates
Page 1 of 4
initially removed or relocated to their original locations, or at the option of the Grantor, reimburse the
Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall be limited to the
line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,
but not the City, may construct new fences and gates on the permanent easement after the date of this
instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any
fences placed across the easement shall contain gates or removable panels so that the easement is read-
ily accessible by the City's employees and agents at all times. If the gates are to be kept locked by
Grantor, the City shall be provided the keys or other means, as applicable, so that the City may open all
locks for access without prior notice to Grantor.
5. Access. For the purposes of exemising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City. Permanent
discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by
the easement for a period of at least two years.
10. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall run with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Page 2 of 4
Wimess my hand, this the,a~ day of ~Y'u,~.
,2002.
ATTEST:
APPROVED AS.~O FORM
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
Name:
Title:
Address:
Page 3 of 4
5255 0.1965
THE STATE OF '7~.~ §
COUNTY OF -/~t,,,i, §
ACKNOWLEDGMENT
This instrument was acknowledged before me on
~ ~t0'~,~.,2002 by
!~/ Aug. u. st 31, 2___0~____.1 MyCm~i~ssicx~Expkes:
d
Accepted this ~' day of J)tC,O'td~ 2002 for the City of Denton, Texas (Resolution No. 91-
073).
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
Page 1 of 2
5255
1966
EXHIBIT "A"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tract of land
conveyed to Denton State Sehnnl by deed as recorded in Volume 435, Page 12 of the Deed Records of
Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a proposed variable width
Permanent Waterline Easement and being herein more particularly described by metes and bounds as
follows:
BEGINNING at a point on the north property line of the said Denton State School tract said point also being
on the existing south right-of-way line of Brighton Drive and bears South 89 degrees 19 minutes 58 seconds
West, 17.30 feet from the northeast property comer of the said Denton State School tract;
THENCE, South 01 degree 41 minutes 33 seconds East 1,014.21 feet to a point;
THENCE, South 00 degrees 13 minutes 23 seconds East 111.67 feet to a point in a fence line on the east
property line of the said State School tract, said point also being on the apparent west right-of-way line of
State School Road;
THENCE, South 02 degrees I7 minutes 25 seconds West, continuing along the said east property line and
the said apparent west right-of-way line and generally along a fence, 692.34 feet to a point;
THENCE, South 02 degrees 19 minutes I0 seconds West, continuing along the said east property line,
apparent right-of-way line and fence, 212.64 feet to a point at the beginning ora curve to the right whose
center bears North 82 degrees 14 minutes 41 seconds West, 1,040.00 feet;
THENCE, in a southerly direction, departing the said east properVy line, apparent right-of-way line and
fence and proceeding along the said curve through a central angle of 07 degrees 57 minutes 39 seconds and
an arc length of 144.50 feet having a chord direction of South 11 degrees 44 minutes 08 seconds West and
chord length of 144.38 feet to a point;
THENCE, South 62 degrees 09 minutes 55 seconds East, 152.15 feet to a point on an easterly property line
of the said State School tract, said point also being on a westerly property line of a tract of land conveyed to
Robert H. Mitchell and Ruth Mitchell by deed recorded in Volume 394, Page 3, D.R.D.C.T.;
THENCE, South 02 degrees 04 minutes 13 ~econds West, along the common property line b~tween the said
State School tract and the said Mitchell tract, 26.65 feet to a point;
THENCE, North 62 degrees 09 minutes 54 seconds Wqst 193.51 feet to a point at the beginning of a non-
tangent curve to the lett whose center bears North 73 degrees 18 minutes I3 seconds West 1006.00 feet;
THENCE, in a northerly direction, along the said curve through a central angle of 15 degrees 00 minutes 14
seconds and an arc length of 263.44 feet having a chord direction of North 09 degrees 11 minutes 40 seconds
East and chord length of 262.69 feet to a point;
THENCE, North 01 degree 41 minutes 33 seconds East 973.72 feet to a point;
THENCE, North 07 degrees 14 minutes 10 seconds East 103.90 feet to a point;
THENCE, North 01 degree 41 minutes 24 seconds East 842.79 feet to a point On the aforementioned north
property line of the Denton State School tract and south right-of-way line of Brighton Drive;
THENCE, North 89 degrees 19 minutes 58 seconds East along the common line between the said State
School tract and right-of-way 24.02 feet to the POINT OF BEGINNING.
~age 2 of~
255
EXHIBIT "A"
"CONTINUED"
LEGAL DESCRIPTION
M.E.P. & P.ILR. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Permanent Waterline Easement being herein described contains 1.5782 (68,744 Sq. Ft.) of
land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND
AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
Shaun Spooner
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Revised 3-29-02
S~RVEY: M. E.'P; & P.'R. R. SURVEY, ABS NO. 950 J PROPERTY ADDRESS: STATE SCHOOL ROAD
LOC'AIION.;.,, CI'?~Y:OF.DENTON?D~NT~ON CO., TEXAS ~ PERMANENT WA TERLINE EASEMENT: 1.5782 ACRES
EXHIBIT "A' PERMANENT WATERLINE EASEMENT J
REVISED 3-29-02
BRIGHTON DRIVE
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PAGE 12
D.R.T.C.T.
0 300' 600'
GRAPHIC SCALE IN FEET
1" = 300'
EXHIBIT 'A ~
L1-
s69°,9'ss'w ,7.36' /
LIO-~
(EXHIBIT "A") VARIABLE WIDTH
PERMANENT WATERLINE EASEMENT
l.s?ee AC~ZS (SS,?,~ Sq. n.) --
NUMBER DIREC~ON DISTANCE
L1 N89'lg'58"E 24.02'
L2 S01'41'35"E 1014.21'
L4 S02'17'25"W 692.54'
L5 S02'19'10"W 21264'
L6 S62'og'55"E 152.15'
L7 $02'04'13"W 26.65'
L9 N01'41'33"£ 973.72'
Lll NO1 '41 '24"E 842.79'
~&.-Cl
VOLUJ~E 435, PAGE 12
~NDER 5,278 AC~S
VOLUWE 394, PAGE 3
(~msr r~cr) I
D.R.D.C.T. J I
No. DELTA ANG~ RADIUS ARC LENGm TANGENT CHORD ~NOm CHORD DIREC~ON ~/~' :~'~)°~0~
SPO0~ · ~SOC. ~ 7~7 CON~NENTAL ~A~L ~ DA~ ~-2S-O~ /
REGISTERED PROFESSIONAL ~ No. RICH~ND HI~S, ~XAS 76180~ JOB NO. 1053-7-01
LAND SURVEYORS ~ 817-281-2355 ACAD FILE 1053-EASE-8
APPROVED AND AGREED:
Denton State School
Shirley ~usgr~e
Assistant Superintendent of Administration
Dated: I~/~/~ 0
By:
Pat Martin
Director of Central Contract and
Procurement Support
Dated:
Max Harelik
Energy Management Specialist
Dated:
"Dedicated to Quality Service"
www. cityofdenton.com
,;.',
ATTACHMENT B
REUSE WATER EASEMENT
THE STATE OF TEXAS,
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar-
dation, (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City &Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a water utility easement across the real property owned by Grantor, as described in
EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this document by ref-
erence.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City this easement for the purpose of constructing, recon-
structing, installing, repairing, and maintaining water facil4ties, upon and across said premises, with the
right and privilege at all times of the grantee herein, his or its agents, employees, workmen and repre-
sentatives having ingress, egress, and regress in, along, ~pon and across said premises for the purpose of
making additions to, improvements on and repairs to said water facilities or any part thereof. This grant
specifically includes the right to use, maintain, construct and reconstruct the existing elevated water
tank (the "Existing Water Tank")on the water tank site described and illustrated on EXHIBITS "A" and
"B". If the City permanently discontinues use of the Existing Water Tank (as definded in Section 9 be-
low), or upon cessation of this easement, it shall remove the Existing Water Tank fi.om the water tank
site. Grantor represents and warrants that the City shall have a right of ingress and egress between the
Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the
"Current Access Drive"). Should the Current Access Drive be closed, Grantor shall an alternate access
drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the reuse ~vater facilities. If the Grantor con-
structs or places buildings, signs, parking lots, driveways, private walkways, or other structures or im-
Page 1 of 4
provements over the permanent easement after execution of this easement document, the City may re-
move all or part of the structures and improvements as necessary to construct, reconstruct, replace, re-
pair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or
repair the structures or improvements and without any liability to Grantor including the obligation to
make further payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex-
pense. After completion of the initial construction, the City shall reinstall any fence or gate initially re-
moved or relocated to their original locations, or at the option of the Grantor, reimburse the Grantor for
the cost to reinstall any such fence or gate. The reimbursement amount shall be limited to the line item
cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the
City, may construct new fences and gates on the permanent easement after the date of this instrument
but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed
across the easement shall contain gates or removable panels so that the easement is readily accessible
by the City's employees and agents at all times. If the gates are to be kept locked by Grantor, the City
shall he provided the keys or other means, as applicable, so that the City may open all locks for access
without prior notice to Grantor.
5. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or right-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City or t~venty
Page 2 of 4
years from the date of this easement, whichever occurs first. Permanent discontinuation of use shallbe
construed to mean no use of the easement for the purposes permitted by the easement for a period of at
least two years
10. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall mn with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Witness my hand, this the day of
ATTEST:
BY:
APPROVED AS TO FORM
,2002.
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
BY:
Na/ne:
Title:
Address:
BY:
Page 3 of 4
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on
,2002 by
Notary Public, in and for ~he State of Texas
My Co~, ~ ~ssion Expires:
Accepted this day of
073).
2002 for the City of Denton, Texas (Resolution No. 91-
By:
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
SURVEY:
LOCA~ON:
PERMANENT WATER EASEMENT I
M. E. P. & P. R. R. SURVEY, ABS NO. 950 J PROPEH I ¥ AuDRESS: STATE SCHOOL ROAD
CITY OF DENTON, DENTON CO., TEXAS ~ PERMANENT WATER EASEMENT: 0.5028 ACRES
POINT OF COMMENCEMENT
BRIGHTON DRIVE
PERMANENT ~Y'ATER EASEMENT
0.5028 ACRES (21,900 Sq. Ft.)
S89'32'31 "E
146.00'
146.00' N89'52'51"W
POINT OF BEGINNING
PROPOSED WATER LINE EASEMENT
0 AND TEI~&PORAR¥ CONSTRUCTtON EASEMENT
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PAGE 12
D.R.T.C.T.
0 40' 80'
GRAPHIC SCALE tN FEET
1" : 40'
SPOONER & ASSOC.
REGISTERED PROFESSIONAL
LAND SURVEYORS
7417 CON'RNENTAL TRAIL
No. RICHLAND HILLS, ~XAS 76180
817-281-2,355
DATE~
JOB NO. 1053-7-01
ACAD FILE 1053-EASE-8
Page 1 0£2
TIIENCE~ North 87 degrees 47
TtIENCE, North 89 degrees 47
TIIENCE, North 70 degrees 36
TIIENCI~ South 40 degrees 07
TIIENCE South 83 degrees 50
TIIENCE
TI1ENCE
TIIENCE
TItENCE
TIIENCE
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a slrlp of land out ora tract of
land conveyed to Dcnlon Stntc School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton Coonty, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Permanent Water Easement and being herein more particularly described
by metes and bounds as follows:
COMENCING from the northeast property comer of the said Stale School tract, said
commencenmnt point being on tile southerly right-of-way of Brighton Drive and on the apparent
westerly right-of-way of State School Road.
TItENCE, South 2 degrees 30 minutes 51 seconds West, along fl~e east property line of the said
State School tract and along tile said westerly right-b f-way of Slate School Road and generally
along a fence, 432.49 feet to a point;
THENCE, Soutl~ 2 degrees 17 minutes 56 seconds West, condnuiag along Ihe said east property
line of file Stale School tract and along tlle said westerly right-of-way &Stale School Road and
ganeralIy along a fence, 657.62 feet to a point;
THENCE, North 87 degrees 42 minute's 04 seconds West 38. I2 feet to the POINT OF
BEGINNING;
TIIENCE, South 01 degree 41 minutes 33 seconds West 24.00 feet to a point;
minules 57 seconds West 618.76 feet to a point;
minutes 22 seconds West 35.11 feet to a point;
minutes 06 seconds West 625.05 feet to a point;
minutes 52 seconds West 119.03 feet to a point;
minutes 50 seconds West 502.13 feet to a point;
North 00 degrees 27 minutes 30 seconds East 16. I I Feet to a point;
North 83 degrees 50 minules 57 seconds East 493.84 feet to a point;
North 40 degrees 07 minutes 52 seconds East 123.67 feet to a point;
Soulh 70 degrees 35 mint,es 34 seconds East 602.16 feet to a point;
Soulh 87 degrees 47 minutes 57 seconds East 681.37 feet to the POINT OF
BEGINNING;
Page 2 of 2
EXHIBI'I; C PAGE
"Continued"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
Thc proposed l'ertnaucnt Water Easement being herein described conlaiits 0.8206 (35,744 $(I.
Ft.) of land to bc acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND TItAT SAME IS TRUE AND CORRECT.
Company Nan'~c: Spooner and Associates, Inc.
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Revised 4-18-02
Page I of I
EXHIBIT C PAGE 3
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
· SITUATED io the City of Denton, Denton County, Texas and being a strip of land out of a tract of
land conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Dentoh County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable widlh Temporary Construction Easement and beiog herein more particularly
described by metes and bounds as follows:
BEGINNING at a point within the said Denton State School Iract, said poifit bears South 04
degrees 25 minutes 03 seconds West 1075.84 I~et from the norflleast property corner oflhe said
Denton State School tract;
TIIENCE, Soutl~ 01 degree 41 minutes 33 seconds West, 15.00 feet to a point;
TI1ENCE, North 87 degrees 47 minules 57 seconds Wesl, 681.37 feet to a poinl;
TIIENCE, North 70 degrees 35 minutes 34 seconds West, 480.71 feet to a point;
TIIENCE, North 19 degrees 18 nfinntes 30 seconds East, 25.00 feet to a point;
TllENCE, South 70 degrees 34 fffinute~ 40 seconds East, 511.02 feet to a point;
THENCE, South 87 degrees 47 minfites 57 seconds East, 654.04 feet to the
POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 0.5145 acres
(22,415 Sq. Ft.) ofland to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCUrLATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Naa're: Spoooer and Associates, hie.
Shaun Spooncr /
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survcy: 02-20-02
Page [ of I
EXHIBIT C PAGE 4
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABET. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in thc City of Denton, Dcnlon County, Texas and bcing a strip of land out o£a tract of
land conveyed to Denton Stale School by dccd as recorded in Volumc 435, Page 12 of the Deed
Records &Denton County, Texas (D.R.D.C.T.) said strip &land being herein described as a
proposed variable width Temporary Construction Easement and bcing herein more particuhxrly
described by mctes and bounds as follows:
BEGINNING al a point within thc said Denton State School tract, said poinl bears South 55
degrees. OS mintllcs 06 seconds Wcsl 1515.12 fcct from thc northeasl property corner of the said
Denton State School tracl;
TIIENCE, South 19 degrees I S minutes 30 seconds Wcsl
TIIENCE, North 70 degrees 35 minutes 34 seconds West
THENCE, South 40 degrees 07 minutes 52 seconds West
TIIENCE, Sotltb 83 degrees 50 minutcs 57 seconds Wesl
THENCE, Norlh 00 degrees 27 n'dnulcs 30 seconds East
TIiENCE, North 83 degrees 51 minbtcs 09 seconds East
THENCE, North 40 degrees 07 minulcs 52 seconds East
TIIENCE, Sonth 70 degrees 41 minutes 31 seconds East
POINT OF BEGINNING.
25.00 feet to a point;
85.64 feet to a point;
123.67 feet to a point;
493.84 feet to a point;
13.09 feet to a point;
487.09 feet to a point;
140.30 feet to a point;
90.04 feet to the
The proposed TemporaD' Construction Easement being hcrein dcscribcd contains 0,2361 acres
(10,287 Sq. Ft.) of land lo be acquired.
I DO HEREBY CEWI'IFY TIIAT TI IE ABOVE LEGAL DESCP, IPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCUP,.ATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
By:~ .
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Page I ell
· EXHIBIT C PAGE $
LEGAL DESCRIPTION
M.E.P. & P.R.R. SuRvEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in tile City of Denton, Deuton Couoly, Texas and being a strip of land out ora tract of
land conveyed to I)euto. Stale School by deed as recorded iu Volume ,135, I'agc 12 of Ibc Dccd
Records of Dentou County, Texas (D.R.D.C.T.) said strip of land being berein described as a
proposed variable width Temporary Construction Easement and being herein more particularly
described by metes and bounds as fo[Io;vs:
BEGINNING at a point within tile said Deoton State School tract, said point bears South 56
degrees 02 minutes 48 seconds West 1584.15 feet from the northeast property comer of the said
Denton State School tract;
TIIENCE, South 40 degrees 07 minotes 52 seconds West, 129.14 feet to a point;
TIIENCE, South 83 degrees 50 minutes 50 seconds West, 508.85 feet to a point;
TIIENCE, Nortb 00 degrees 27 minutes 30 seconds Easl, 13.09 feet to a petal;
TIIENCE, North 83 degrees 50 minutes 50 scconds East, 502.13 feel to a point;
TIIENCE, Nortb 40 degrees 07 minutes'52 seconds East, 119.03 feet to a point;
TIIENCE, South 70 degrees 29 minu~cs 01 second East, 13.89 feet to tile
POINT OF BEGINNING.
Thc proposed Temporary Construction Easement being herein described contains 0.1878 acres
(8,184 Sq. Ft.) of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCUILATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
gy:~ ~ .
Registered Profasslonal Land Surveyor,
Texas No. 4183
Date of Snrvey: 02-20-02
EXHIBIT B
SURVEY: M.E.P.&P.R.R. SURVEY. ABSNO. 950 IPROPERTYADORESS: STATESCHOOLROAD
LOCATION: CITY OF OENTON, DENTON CO., TEXAS I PERMANENT WA TER EASEMENT: O. 8208 ACRES
EXHIBIT 'A' PERMANENT WATER EASEMENT
POINT OF COMMENCEMENT
EXHIBITS 'B', 'C', AND 'D' TEMPORARY BRIGHTON ORIVE~
CONSTRUCTION EASEMENTS
REVISED
4-18-02
201.38 ACRES
DENTON STATE SCHOOL
VOLUME 435. PACE 12
TEMPORARY CONSTRUCTION EASEMENT 1,
0.236! ACRES (10,287 Sq. Ft.) .
\ TEMPO~r CONS?XUCTmN EASEZ~ENT
~ L27 /
POB
L26 L29 '' '.
L12 L13 k~X[(~L18 ~ L19 / ~ ~B J
[24 LZO L22EXHiBiT~.. P.O.B. ~ L~J L2
TEMPO~Y CONSTRUCTION EASEMENT PERCENT FATER EASEMENT
0.~878 ~C~S (8,~84 Sq. Ft.) 0. SZO6 AC~S (~5,744 Sq. Ft) ~ ]
201.38 ACRES
,. DENTON STATE SCHOOL
VOLUME 435, PACE 12
, L3 NSg'47'22'W 35.11'
L4 NTO'36'O6'W 625.05'
L6 ssyso'50'w 5o~n3'/ RUTH ~/~CHELL
L~ N00~7'30'[ ~6m' RE~NDER E. 278 ~C~S ~
L15 N40'O7'52*E 123.67' ~ FOLUEE 3~4, PXCE 3
L14 S70'35'34'E 602.~ 6' (FIRST T~CT)
LI6 SOV41'33"W 15.00'-~ ~-
L17 N70'JS'J4"W 480.71'
~0 S87'47'57 'E 645.04'
L23 583'50'50'W 508,85'
~24 N00~7'30'[ ~3.09' 0 500' 600'
[~5 N~3~'09'[ 487.09'
L26 N40~7'52'E 140.30'
tz7 s7o'4¢3~'[ so.o4' GRAPHIC SCALE IN FEET
L29 NTO'35'34'W 85.64' = ~00'
[-A N87'42'O4'W 38.12'
SPO0~ a ~SOC. 7417 CONTINENTAL TRAIL DA~ 9-26-01
REGISTERED PROFESSIONAL ~o. ~CHL~ HILLS, ~XAS 76180 JOB NO, 1053-7-01
LAND SURVEYORS 817-281-2355 ACAD FILE 1053-EASE-8
ATTACHMENT C
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS, §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT Denton State School, by and through the Texas Department of Mental Health and Mental Retar-
dation (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a permanent public utility easement across the real property owned by Grantor, as
described in EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this
document by reference.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City the right to construct, install, reconstruct,
repair, relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines, valves,
facilities and appurtenances, electric poles, wires and related facilities, communication lines and other
public utilities and other related facilities in, on, over~ t~nder and across the permanent easement.
2. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs
or places buildings, signs, parking lots, driveways, private walkways, or other structures or improve-
ments over the permanent easement after execution of this easement document, the City may remove all
or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter,
relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the
structures or improvements and without any liability to Grantor including the obligation to make further
payment to Grantor.
3. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the public utility facilities, the City will remove or relocate the fence or gate at City of
Denton expense. After completion of the initial construction, the City shall reinstall any fence or gates
initially removed or relocated to their original locations, or at the option of the Grantor, reimburse the
Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall be limited to the
line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,
but not the City, may construct new fences and gates on the permanent easement after the date of this
instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any
fences placed across the easement shall contain gates or removable panels so that the easement is read-
ily accessible by the City's employees and agents at all times. If the gates are to be kept locked by
Page 1 of 4
Grantor, the City shall be provided the keys or other means, as applicable, so that the City may open all
locks for access without prior notice to Grantor.
4. Access. For the purposes of exercising its rights, the City shall have access to the
easement by way of existing public property or fight-of-way and not from other lands owned by Grantor
outside the permanent easement.
5. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
6. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
7. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
8. This easement shall expire upon permanent discontinuation of use by City. Permanent
discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by
the easement for a period of at least two years.
9. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
10. Successors and Assigns. This grant shall mn with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Witness my hand, this the day of
,2002.
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
BY:
Page 2 of 4
ATTEST:
BY:
APPROVED AS TO FORM
BY:
Name:
Title:
Address:
THE STATE OF §
COUNTY OF §
ACKNOWLEDGMENT
This instrument was acknowledged before me on
~2002 by
Page 3 of 4
Accepted this day of
073).
2002 for the City of Denton, Texas (Resolution No. 91-
By:
Paul Williamson
AFTER RECORDiNG RETURN TO:
City of Denton
Engineering Department
60t East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
Page 1 of 2
EXHIBIT A
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in (he City &Denton, Denton County, Texas and being a strip of land out ora tract of land
conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of tire Deed Records of
Dentm~ Counly. Texas (D.R.D.C.T.) saki slrip of brad being herein described as a proposed variable width
Permanent Public Utility Easement and being herein more particularly described by m~3tcs and bounds as
follows:
BEGINNING at a point on tile north property line of the said Denton Slale School tract said point also being
on the existing soutlr right-of-way line of Brightnn Drive and bears South 89 degrees 19 minutes 58 seconds
West, 17.30 feet from the northeast property comer of the said Denton State School tract;
THENCE, South 01 degree 41 minutes 33 seconds East 1,014.21 feet to a point;
THENCE, South 00 degrees 13 minutes 23 seconds East I I 1.67 feet to a point in a fence line on the east
property line of the said State School tract, said point also being on tile apparent west right-of-way line of
State School Road;
THENCE, South 02 degrees 17 minutes 25 seconds West, continuing along the said east property line and
the said apparent west right-of-way line and generally along a lance, 692.34 feet to a point;
THENCE, South 02 degrees 19 minutes I0 seconds West, continuing along the said east property line,
apparent right-of-way line and fence, 212.64 feet to a point at the beginning ora curve to the right whose
center bears North 82 degrees 14 minutcs~41 seconds West, 1,040.00 feet;
THENCE, in a southerly direction, departing tim said east property line, apparant right-of-way line and
fence and proceeding along die said curve through a central angle of 07 degrees 57 minutes 39 seconds and
an arc length of 144.50 feet having a chord direction &South I 1 degrees 44 minutes 08 seconds West and
chord length of 144.38 feet to a point;
TIIENCE, South 62 degrees 09 minutes 55 seconds East, 152.15 feet lo a point on an easterly property line
of the said State Scbool Iract, said point also being on a westerly property line ora tract of land conveyed lo
· Robert H. Mitchell and Rulb Mitchell b7 deed recorded in Volume 394, Page 3, D.R.D.C.T.;
THENCE, South 02 degrees 04 minutes 13 seconds West, along the common property line between the said
State School tract and the said MitchelI tract, 26.65 feet to a point;
THENCE, Norlb 62 degrees 09 minutes 54 seconds West 193.51 feet to a point at the beginning ora non-
tangent curve to tbe left whose center bears North 73 degrees 18 minutes 13 seconds West 1006.00 feet;
THENCE, in a northerly direction, along tile said curve through a central angle of 15 degrees 00 minutes 14
seconds and an arc length of 263.44 feet having a chord dimclion of North 09 degrees I 1 minutes 40 seconds
East and chord length of 262.69 feet to a point;
THENCE, North 01 degree 41 minutes 33 seconds East 973.72 feet to a point;
THENCE, Noah 07 degrees 14 minutes 10 seconds East 103.90 feet to a point;
THENCE, North 01 degree 41 minutes 24 seconds East 842.79 feet to a point on thc aforementioned norlh
property line of the Denton State School tract and south right-of-way line of Brighton Drive;
THENCE, North 89 degrees 19 minutes 58 seconds East along the common line between tile said State
School tract and right-of-way 24.02 feet to thc POINT OF BEGINNING.
Page 2 of 2
LEGAL DESCRIPTION
"CONTINUED"
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Permanent Public Utility Easement being herein described contaifls 1.5782 (68,744 Sq. Ft.)
of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND
AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooncr and Associates, Inc.
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Revised 4-18-02
"¢ '.?"~so?. o~'
EXHIBIT B
SURVEY: M. E, P. & P. R, R. SURVEY, ABS NO, 950 ~ PROPERTY ADDRESS: STATE SCHOOL ROAD
LOCATION: ClTY OF DENTON, DENTON CO., TEXAS ~ PERMANENT PUBI. IC UTILITY EASEMENT: 1.5782ACRES
PERMANENT PUBLIC UTILITY EASEMENT ~
REVISED 4-18-02
0 300 600' I
GRAPHIC SCALE IN FEET LIO'~I
1" = 500'
I
PEi~L~VENT PUBLIC UTILITY EASEWENT ~ -- 0
1.$782 ACP~$ (68,744 Sq. F~.)
I ~ NUMBER DIRECt/ION DISTANCE
L~ 502't 9*IO'W 212.64'
201.38 ACREE ~1 L~ SSrO9'~5"[ ~52.~'
DE~TO~ ETATE ECEOOL I i ~C1 L7 S02'04'13"W 26.65'
~~ ~ LIO NO7'I~"lO"E 103,90'
RUTH ~ITCHELL L--
RE~NDER 5. B~8 ACRES~ ~ [
SPOO~R ~ ~SOC. 74~7 CON~NENTAL TRAIL DA~ 9-26-03
REGISTERED PROFESSIONAL so. RICH~ND HI~S. ~XAS 76~80 JOB NO. 1055-7-01
LAND SURVEYORS 817-281-2555 ACAD RLE 1053-EASE-8
REUSE WATER EASEMENT
THE STATE OF TEXAS, §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT Denton State School by and through the Texas Department of Mental Health and Mental Retar-
dation, (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a water utility easement across the real property owned by Grantor, as described in
EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this document by ref-
erence.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City this easement for the purpose of constructing, recon-
structing, installing, repairing, and maintaining water facilities, upon and across said premises, with the
right and privilege at all times of the grantee herein, his or its agents, employees, workmen and repre-
sentatives 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 water facilities or any part thereof. This grant
specifically includes the right to use, maintain, construct and reconstruct the existing elevated water
tank (the "Existing Water Tank")on the water tank site described and illustrated on EXHIBITS "A" and
"B". If the City permanently discontinues use of the Existing Water Tank (as definded in Section 9 be-
low), or upon cessation of this easement, it shall remove the Existing Water Tank fi.om the water tank
site. Grantor represents and warrants that the City shall have a right of ingress and egress between the
Water Tank Site and State School Road. The current access drive is sufficient for such purpose (the
"Current Access Drive"). Should the Current Access Drive be closed, Grantor shall an alternate access
drive that is equal to or better than the Current Access Drive provide, as is reasonably practicable.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the reuse water facilities. If the Grantor con-
structs or places buildings, signs, parking lots, driveways, private walkways, or other structures or im-
Page 1 of 4
provements over the permanent easement after execution of this easement document, the City may re-
move all or part of the structures and improvements as necessary to construct, reconstruct, replace, re-
pair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or
repair the structures or improvements and without any liability to Grantor including the obligation to
make further payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City ex-
pense. After completion of the initial construction, the City shall reinstall any fence or gate initially re-
moved or relocated to their original locations, or at the option of the Grantor, reimburse the Grantor for
the cost to reinstall any such fence or gate. The reimbursement mount shall be limited to the line item
cost to reinstall the fence or gate contained in the City's construction contract. The Grantor, but not the
City, may construct new fences and gates on the permanent easement after the date of this instrument
but the fences and gates shall be placed substantially perpendicular to the easement. Any fences placed
across the easement shall contain gates or removable panels so that the easement is readily accessible
by the City's employees and agents at all times. If the gates are to be kept locked by Grantor, the City
shall be provided the keys or other means, as applicable, so that the City may open all locks for access
without prior notice to Grantor.
5. Access. For the purposes of exemising its rights, the City shall have access to the
easement by way of existing public property or fight-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City or twenty
Page 2 of 4
years fi.om the date of this easement, whichever occurs first. Permanent discontinuation of use shall be
construed to mean no use of the easement for the purposes permitted by the easement for a period of at
least two years
10. Neither party has made any representations or promises outside the written provisions of
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall mn with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Witness my hand, this the q9¥ day of ~"o.~n.~_, ., 2002.
ATTEST:
APPROV/~./D/~,S_ TO FORM
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
Name:
Title:
Address:
Page 3 of 4
THE STATE OF '~x~.,~ §
COUNTY OF "~'n:mk~ §
ACKNOWLEDGMENT
This instrument was acknowledged before me on~'~tt~t~ ,2002 by ~o.,e~ ~-.
Accepted this day of
073).
2002 for the City of Denton, Texas (Resolution No. 91-
By:
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
M.E.P. & P.R.1L SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of a tract of
land conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed
Records of Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a
proposed variable width Permanent Waterline Easement and being herein more particularly
described by metes and bounds as follows:
COMENCING from the northeast property comer of the said State School tract, said
commencement point being on the southerly right-of-way of Brighton Drive and on the apparent
westerly right-of-way of State School Road.
THENCE, South 2 degrees 30 minutes 51 seconds West, along the east property line of the said
State School tract and along the said westerly right-of-way of State School Road and generally
along a fence, 432.49 feet to a point;
THENCE, South 2 degrees 17 minutes 56 seconds West, continuing along the said east property
line of the State School tract and along the said westerly right-of-way of State School Road and
generally along a fence, 657.62 feet to a point;
THENCE North 87 degrees 42 minutes 04 seconds West 38.'12 feet to the POINT OF
BEGINNING;
THENCE South 01 degree 41 minutes 33 seconds West 24.00 feet to a point;
THENCE North 87 degrees 47 minutes 57 seconds West 618.76 feet to a point;
THENCE North 89 degrees 47 minutes 22 seconds West 35.11 feet to a point;
THENCE North 70 degrees 36 minutes 06 seconds West 625.05 feet to a point;
THENCE South 40 degrees 07 minutes 52 seconds West 119.03 feet to a point;
THENCE South 83 degrees 50 minutes 50 seconds West 502.13 feet to a point;
THENCE South 00 degrees 27 minutes 30 seconds West 56.24 feet to a point;
THENCE North 89 degrees 32 minutes 30 seconds West 146.00 feet to a point;
THENCE North 00 degrees 27 minutes 29 seconds East 150.00 feet to a point;
THENCE South 89 degrees 32 minutes 30 seconds East 146.00 feet to a point;
THENCE South 00 degrees 27 minutes 30 seconds West 77.65 feet to a point;
THENCE North 83 degrees 50 minutes 57 seconds East 493.84 feet to a point;
THENCE North 40 degrees 07 minutes 52 seconds East 123.67 feet to a point;
THENCE South 70 degrees 35 minutes 34 seconds East 602.16 feet to a point;
THENCE, South 87 degrees 47 minutes 57 seconds East 681.37 feet to the POINT OF
BEGINNING;
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Permanent Waterline Easement being herein described contains 1.3233 (57,644
Sq. Ft.) of land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON
THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
By: /~ ~L~.
Shaun Spooner /
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Revised 3-29-02
U,W~/EY}" M. E. P. & P. R. R. SURVEY, ABS NO. 950 ~ PROPERTY ADDRESS: STA TE SCHOOL ROAD
DCA.. TION: CITY OF DENTON, DENTON CO., TEXAS ~ PERMANENT WATERLINE EASEMENT: 1.3233 AcREs
REV I ..o.~*,.~ . _
ISED 3-2~02' ~ - - - - - -
201.38 ~C~E ,u
vo~u~ ~5, ~c~ ~2
, m . PR~SEDwATER[INE~SEME~
~XHIBIT C ) V~ FIB~H BY O~ERINSmUMENT Ill
"ffMPO~Y CONStRUCtiON EASffMffN~
(X~IB~ ',') v~ ~I~TH
TE~PO~ CO~ET~UC~/O~ E~EE~E~
L27 / , ,,
P.O.~,
L26 ~L29 ........... /
/ ~J L28~~' ~ /
Lll L12 L15 ~ ,~/~L18 r L19 / ~.
~ ~24 LZO J L22 P.O.B., · / ) L2 ~] I
LS J EXHm/~ D / L3 P.O.~7
J ~ EXHIBIT '~"
(ff~IBI~ D ) V~ ~ID~H ~(ffXHIBI~ ~") V~ FID~H
TBMPO~Y CONSTRUCTION ~ASEMBN~ PB~BNF FA~B~NB BAS~M~NF
0.~878 AC~S (8J84 Sq. FJ.) ~.~8~ AC~S (5~,844 Sq. FL) 0
0 300'
GRAPHIC SCALE IN FEET
1" = 300'
SPOONER
&
ASSOC.
J 7417 CONTINENTAL mAIL
REGISTERED PROFESSIONALI No. RICHLAND HILLS, TEXAS 76180
LAND SURVEYORS J 817-281-2355
ROBffRT H. MITCHELL
RUTH MITCHELL
REWAIHDffR $.£7a ACRES
VO£UME 3.94, PAG$ 3
(FIRST TP~4CT)
D.R.D.C.T.
600'
I
DAlE ~-2~-01
,JOB NO. 1053-7-01
ACAD FI[E IO§3-£ASF-8
20t.38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PAGE 12
D.R.T.C.T.
DIRECTION DISTANCE
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS, §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT Denton State School, by and through the Texas Department of Mental Health and Mental Retar-
dation (the "Grantor"), in consideration of the payment of the sum of One Dollar and No Cents ($1.00)
in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and
conveys to the City a permanent public utility easement across the real property owned by Grantor, as
described in EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this
document by reference.
The grant made includes and is subject to the following:
1. Purpose. This easement grants to the City the right to construct, install, reconstruct,
repair, relocate, operate, and maintain water lines, sanitary sewer lines, storm water pipelines, valves,
facilities and appurtenances, electric poles, wires and related facilities, communication lines and other
public utilities and other related facilities in, on, over, under and across the permanent easement.
2. Temporary Construction Easement. In addition to the permanent easement, the City is
hereby granted a temporary construction easement for the initial construction of water facilities and
appurtenances, as described in EXHIBIT "C" and illustrated in EXHIBIT "B", attached to and
incorporated into this document by reference. Upon conclusion of the initial construction, the
temporary construction easement shall terminate and the City shall remove all debris, surplus material,
and construction equipment and leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs removed.
3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs,
or other permanent structures, or portions thereof, in, on, or over the permanent easement. The City
will replace or repair any sidewalk, parking lot, or driveway in as good or better condition as is reasona-
bly practicable, that exists on the easement on the date of execution of this instrument if removed or
damaged by the City during the initial construction of the sanitary sewer line. If the Grantor constructs
or places buildings, signs, parking lots, driveways, private walkways, or other structures or improve-
ments over the permanent easement after execution of this easement document, the City may remove all
or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter,
relocate, operate or otherwise exemise its rights herein without any obligation to replace or repair the
structures or improvements and without any liability to Grantor including the obligation to make further
payment to Grantor.
4. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial
construction of the public utility facilities, the City will remove or relocate the fence or gate at City of
Denton expense. After completion of the initial construction, the City shall reinstall any fence or gates
Page 1 of 4
initially removed or relocated to their original locations, or at the option of the Grantor, reimburse the
Grantor for the cost to reinstall such fence or gate. The reimbursement amount shall be limited to the
line item cost to reinstall the fence or gate contained in the City's construction contract. The Grantor,
but not the City, may construct new fences and gates on the permanent easement after the date of this
instrument but the fences and gates shall be placed substantially perpendicular to the easement. Any
fences placed across the easement shall contain gates or removable panels so that the easement is read-
ily accessible by the City's employees and agents at all times. If the gates are to be kept locked by
Grantor, the City shall be provided the keys or other means, as applicable, so that the City may open all
locks for access without prior notice to Grantor.
5. Access. For the purposes of exercising its fights, the City shall have access to the
easement by way of existing public property or fight-of-way and not from other lands owned by Grantor
outside the permanent easement.
6. Trees and Landscaping. Grantor shall not plant any tree upon the permanent easement
property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter
located within the easement without liability to Grantor including the obligation to make further
payment to Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other
system landscape features within the permanent easement, but the City may remove all or part of any
shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair,
alter, relocate, operate its utilities or otherwise exercise its rights herein without any liability to Grantor
including the obligation to make further payment to Grantor. Any area disturbed during construction
shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said
construction will be repaired by the City of Denton in a timely manner.
7. Crops. The payment herein made includes any damage or loss to crops sustained in the
future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted.
8. Grantor's Rights. Grantor shall have the right to make use of the easement for any
purpose that does not interfere with the City's rights in the easement for the purposes granted, subject
to the restrictions contained herein.
9. This easement shall expire upon permanent discontinuation of use by City. Permanent
discontinuation of use shall be construed to mean no use of the easement for the purposes permitted by
the easement for a period of at least two years.
10. Neither party has made any representations or promises outside the written provisions of.
this easement document relating to the subject matter of this easement document.
11. Successors and Assigns. This grant shall run with the land and shall be binding upon
the parties and their heirs, successors and assigns.
Page 2 of 4
Wimess my hand, this the~ day of ~J~t~na_ ,2002.
ATTEST:
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL REHABILITATION
Name:
Title:
Address:
Page 3 of 4
THE STATE OF '-/~-~ §
COUNTY OF 'T'r~i ~ §
ACKNOWLEDGMENT
This instrument was acknowledged before me on
~ ~/0'~a,~.,2002 by
· Augua 31, 2004 MyCommissionExpims:
Accepted this day of
073).
2002 for the City of Denton, Texas (Resolution No. 91-
By:
Paul Williamson
AFTER RECORDING RETURN TO:
City of Denton
Engineering Department
601 East Hickory
Suite B
Denton, Texas 76205
ATTN: Paul Williamson
Page 4 of 4
Page 1 of 2
EXHIBIT "A',
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of lard out of a tract of land
conveyed to Denton State School by deed as recorded in Volume 435, Page 12 of the Deed Records of
Denton County, Texas (D.R.D.C.T.) said strip of land being herein described as a proposed variable width
Permanent Waterline Easement and being herein more particularly described by metes and bounds as
follows:
BEGINNING at a point on the north property line of the said Denton State School tract said point also being
on the existing south right-of-way line of Brighton Drive and bears South 89 degrees 19 minutes 58 seconds
West, 17.30 feet from the northeast property comer of the said Denton State School tract;
THENCE, South 01 degree 41 minutes 33 seconds East 1,014.21 feet to a point;
THENCE, South 00 degrees 13 minutes 23 seconds East 111.67 feet to a point in a fence line on the east
property line of the said State School tract, said point also being on the apparent west right-of-way line of
State School Road;
THENCE, South 02 degrees 17 minutes 25 seconds West, continuing along the said east property line and
the said apparent west right-of-way line and generally along a fence, 692.34 feet to a point;
THENCE, South 02 degrees 19 minutes 10 seconds West, continuing along the said east property line,
apparent right-of-way line and fence, 212.64 feet to a point at the beginning of a curve to the fight whose
center bears North 82 degrees 14 minutes 41 seconds West, 1,040.00 feet;
THENCE, in a southerly direction, departing the said east property line, apparent fight-of-way line and
fence and proceeding along the said curve through a central angle of 07 degrees 57 minutes 39 seconds and
an arc length of 144.50 feet having a chord direction of South 11 degrees 44 minutes 08 seconds West and
chord length of 144.38 feet to a point;
THENCE, South 62 degrees 09 minutes 55 seconds East, 152.15 feet to a point on an easterly property line
of the said State School tract, said point also being on a westerly property line of a tract of land conveyed to
Robert H. Mitchell and Ruth Mitchell by deed recorded in Volume 394, Page 3, D.R.D.C.T.;
THENCE, South 02 degrees 04 minutes 13 seconds West, along the common property line b~tween the said
State School tract and the said Mitchell tract, 26.65 feet to a point;
THENCE, North 62 degrees 09 minutes 54 seconds West 193.51 feet to a point at the beginning of a non-
tangent curve to the left whose center bears North 73 degrees 18 minutes 13 seconds West 1006.00 feet;
THENCE, in a northerly direction, along the said curve through a central angle of 15 degrees 00 minutes 14
seconds and an arc length of 263.44 feet having a chord direction of North 09 degrees 11 minutes 40 seconds
East and chord length of 262.69 feet to a point;
THENCE, North 01 degree 41 minutes 33 seconds East 973.72 feet to a point;
THENCE, North 07 degrees 14 minutes 10 seconds East 103.90 feet to a point;
THENCE, North 01 degree 41 minutes 24 seconds East 842.79 feet to a point on the aforementioned north
property line of the Denton State School tract and south right-of-way line of Brightun Drive;
THENCE, North 89 degrees 19 minutes 58 seconds East along the common line between the said State
School tract and fight-of-way 24.02 feet to the POINT OF BEGINNING.
Page 2 of 2
EXHIBIT "A"
"CONTINUED"
LEGAL DESCRIPTION
M.E.P. & P.R.R. SURVEY, ABST. No. 950
CITY OF DENTON, DENTON COUNTY, TEXAS
The proposed Permanent Waterline Easement being herein described contains 1.5782 (68,744 Sq. Ft.) of
land to be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRiPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND
AND THAT SAME 1S TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
Shaun Spooned' 7 -
Registered Professional 'Land Surveyor,
Texas No. 4183
Date of Survey: 02-20-02
Revised 3-29-02
:DRVEY: M. E. P. & P. R. R. SURVEY, ABS NO. 950 I PROPERTY ADDRESS: STATE SCHOOL ROAD
OCA TION: CITY OF DENTON, DENTON CO., TEXAS I PERMANENT WATERLINE EASEMENT: 1.5782 ACRES
=-XHIBIT 'A · PERMANENT WATERLINE EASEMENT I
REVISED 3-29-02
BRIGHTON DRIVE
R O+W* LINE
201,38 ACRES
DENTON STATE SCHOOL
VOLUME 435, PACE 12
D.R.T.C.T.
0 300' 600'
GRAPHIC SCALE IN FEET
1" = 300'
(EXHIBIT "A") VARIABLE FIDTH
PE..~{~'d. NENT WATERLINE EASEMENT
1.5782 ACRES (68,744 Sq, Ft,)
EXHIBIT "A " ~
L1-
5
201.38 A~
DENTON STATE SCHOOL
VOLUME 435, PACE 12
D.R,T.C.T.
RoBsRr H.
~N~ER 5.~a
VOLUME ~94,
(f~sr r~Cr)
D.R.D.C.T.
DIRECllON DISTANCE
502'04'13"W 26.65'
N§2'og'54"W 195.51'
NOl'41'53"E 97372'
NOl'41'24"E 842.79'
No. DELTA ANGLE RADIUS ARC LENGTH
C1 07'57'39· 1040.00' 144.50'
SPOONER & ASSOC.
REGISTERED PROFESSIONAL
LAND SURVEYORS
7417 CON~]NENTAL TRAIL ~ DATE 9-26-01 /
No. RICHLAND HILLS, TEXAS 76180[ JOB NO. 105,3-7-01
817-281-2,355 ACAD FILE 1053-EASE-8