2002-382ORDINANCE NO. dOOc~- ~a'~
AN ORDINANCE AUTHORIZING THE ACQUISITION BY THE CITY OF AN
ELECTRICAL UTILITY EASEMENT CONSISTING OF 6.85 ACRES BEING PART OF A
TRACT CONVEYED TO THE HUDSON FAMILY PARTNERSHIP, LTD. BY DEED
RECORDED IN COUNTY CLERK'S FILE NUMBER 95-R0080500 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING
LOCATED IN J.W. HARDIN SURVEY, ABSTRACT NO. 1656, DENTON COUNTY
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (WEST DENTON ELECTRIC PROJECT)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to purchase for the
Hudson Family Trust electrical utility easement in substantially the form of the Easement which
is attached hereto and made part of the ordinance for all purposes regarding the Denton West
Electrical Project.
SECTION 2. The City Manager or his designee is hereby authorized to make the
expenditures in the mount of the purchase price of $27,600.00 for the Easement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /qh~ dayof c~~/~,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
BY:
THE STATE OF TEXAS
COUNTY OFDENTON
ELECTRIC UTILITY EASEMENT
QI399
CITY OF DENTON
154511
KNOWN ALL MEN BY THESE PRESENTS:
That, The Hudson Family Partnership, Ltd. of Denton County, Texas, hereinafter
called "Grantor" whether one or more, for and in consideration ofTen Dollars ($10.00),
and other good and valuable consideration, to Grantor in hand paid by the City of
Denton, a municipal corporation, which is located in Denton County, Texas, and whose
mailing address is 215 E. McKinney, Denton, Texas 76201, hereinafter called "Grantee,"
has granted, sold and conveyed and by these presents does grant, sell and convey unto
Grantee an easement and right of way for thc purpose of erecting, operating, maintaining
and servicing thereon one or more electric power and/or communication lines, each
consisting of a variable number of wires, cables, and all necessary or desirable
appurtenances, attachments and complete supporting structures, including foundations,
guy wires and guy anchorages', and ~tmctural components in; on over, under, and across
that real property situated in Denton County, Texas, and more particularly described as
follows:
Being all that certain lot, tract or parcel of land situated in the J. W. Hardin
Survey, Abstract Number 1656, in Denton County, Texas, and being part of
that certain tract of land recorded in deed to The Hudson Family Partnership,
Ltd. Recorded in County Clerk's File Number 95~R0080500 of the Real
Property Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at the northeast comer of said Hardin Survey, same being the
northeast comer of said Hudson tract;
THENCE South 00 degrees 36 minutes 31 seconds West along the west line
of said Hudson tract a distance of 2749.60 feet to a point for comer;
THENCE North 89 degrees 43 minutes 02 seconds West along the south line
of said Hudson tract a distance of 1918.72 feet to a point for comer;- -
THENCE North 01 degrees 09 minutes 55 seconds East a distance of 62.69
feet to a point for comer;
THENCE South 89 degrees 38 minutes 13 seconds East a distance of 1853.00
feet to a point for comer;
THENCE North 00 degrees 31 minutes 13 seconds East a distance of 2690.53
feet to a point for comer;
THENCE South 88 degrees 51 minutes 35 seconds East a distance of 69.25
feet to the POiNT OF BEGINNING and containing approximately 6.85 acres
of land more or less of which 3.17 acres lies in the road
$224 01400
Grantee shall have the right to construct, operate, improve, reconstruct, increase or reduce
the capability, repair, relocate, inspect, patrol, maintain or remove such lines within such
easement as Grantee may from time to time find necessary, convenient or desirable to
erect thereon and all rights necessary or convenient for full use of the above grant,
including reasonable access over, across and upon the above referenced land to such
easement.
Grantee shall have the right to trim or remove trees and shrubbery to the extent necessary,
in the sole judgment of Grantee, to prevent possible interference with the operation of
such lines or to remove possible hazards thereto, together with the right to put gates in
existing fences within such easement. Grantee shall remove from the easement tree
limbs, and clean up other debris, resulting fxom Grantee's operations hereunder.
Grantee shall have the right to remove or prevent the construction of any or all buildings,
structures, signs and obstructions within such easement. If any such buildings, structures,
signs or obstructions are hereafter constructed or permitted by Grantor to exist within the
easement without prior written consent of Grantee then Grantee shall have the right to
remove the same and Grantor agrees to pay to Grantee the reasonable cost of such
removal.
Grantees shall have no right to fence or enclose such easement or to use it for any
purpose other than as set out above. The right of the Grantor to use the above described
land, including the portion within the easement, for all other purposes that will not
interfere with the exemisc of the rights of Grantee is reserved to the Grantor, including
tbe fight to erect or maintain fences not more than 8 feet high across such easement,
provided that gates or openings 12 feet wide or more are installed therein, to provide
Grantee reasonable access to all parts of such easement; provided that all such facilities
shall be properly grounded, and shall be so donstructed as to provide with respect to
Grantee's lines and other facilities the minimum clearance provided by law, and
recognized as standard in the electrical industry.
The payment of consideration herein made includes any damage or loss to crops
sustained in the future by Grantor resulting from the Grantee's construction,
reconstruction, repair, replacement, or other use of this easement.
TO HAVE AND TO HOLD the above easement and right of way unto Grantee, its
successors and assigns, and Grantor hereby warrants and forever agrees to defend the
above described easement and right of way unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through, or under Grantor, and not otherwise.
This easement, together with the other provisions of this grant, shall constitute a covenant
running with the land for the benefit of Grantee, its successors and assigns. The right
hereby granted is severable and may be assigned either in whole or in part.
EXECUTED this ~ day of ('~'~ , 2002.
The Hudson Ftunily Partnership, Ltd.
By:-~I a rs~,~ ,,~>tk~ ~
gfihr~n H-u~l~o~ X~ton
Managing General Partner
OIqOI
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
Notmy Public, ~tate of Texam )]
My Commimmion Expirem ])
., 2002 by Sharon Hudson Acton, Managing General Partner for The
Hudson Family Partnership, Ltd., on behalf~ said limited partnership.
Notary Public - State of Tex~s
My Commission Expires
Accepted this ~. t $--'[' day of ~, 2002 for the City
of Denton, Texas (Resolution No. 91-073).
Paul Williamson
Manager, Real Estate
and Capital Support
After Rec0rdi!~g, Return to:
Paul Williamson
City Hall East
City of Denton : -'
601 E. Hickory, Su. ite,B
Dentoh, Texas .76205 '
City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205 :' , , ,
Attention: Paul Williams,on - -, .. ::
5224
DEC 0 3 2002
CYNTH[R N[TCHELL~ COUNTY CLERK
On Dec 03 2002
Rt iO:36am
Receipt #: 67990
Reco~dinq: 9.00
Doc/NOmt-: 6.00
Doc/Num : 2002-R015451!
Doc/Type : ERS
Deputy -ERIN