2001-166S WurU umenuWrNnlocM01Vt MLOS PR11R00"2&1
ORDINANCE NO 19 0 1- 16
AN ORDINANCE APPROVING THE PURCHASE OF A 0 987 ACRE PUBLIC UTILITY
EASEMENT AND A 0400 ACRE TEMPORARY CONSTRUCTION EASEMENT
BETWEEN THE CITY OF DENTON AND MICHAEL AND SANDI REYNOLDS,
EASEMENTS LOCATED IN THE S MCCRACKEN, ABSTRACT NO 817, AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
(LAKE RAY ROBERTS WATER TRANSMISSION LINE PROJECT)
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute an Agreement between
the City and Michael Reynolds and Sandi Reynolds, in substantially the form of the Agreement
which is attached hereto and made a part of this ordinance for all purposes for the purchase of a
public utility easement and temporary construction easement and other considerations regarding
the Lake Ray Roberts Transmission Waterline Project
SECTION 2 The City Manager is authorized to make the expenditures as set forth in the
attached Agreement
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the / 7~h day of '2001
A a--
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR ED AS T LEGAL FORM
HERBERT L TY, CITY ATTORNEY
BY
AGREEMENT
AGREEMENT dated J /r 2001 between Michael
Reynolds and Sandi Reynolds ("OWNER") and the City of Denton
("CITY")
Whereas, Michael Reynolds and Sandi Reynolds ("OWNER") are
the owner of certain land in Denton County, Texas which is being
affected by the public improvement project called Ray Roberts Water
Line Project ("PROJECT"), and
Whereas, it is desirous of both parties to stipulate and
agree to the terms and conditions associated with the installation
of the proposed water line and appurtenances,
NOW, THEREFORE, for good
receipt and adequacy of which 19
agree as follows
and valuable consideration, the
hereby acknowledged, the parties
1 For the purposes of this agreement the draft
construction plans dated 2-09-01 , sheet one is
attached hereto as "EXHIBIT All and made a part hereof
by reference (the "PLANS") The station numbers
referenced in this Agreement refer to station locations
set forth on the Plans
2 At Closing, the City shall pay OWNER $ 3,888 68 as
payment in full for the restoration by the OWNER of all
of the affected landscape including, but not limited
to, the relocation of iris plants, japonica bushes,
tallow, mimosa and pecan trees, grass, aggregate
driveway, water faucet and the consumption a 14" pine
tree The CITY and/or water line contractor shall be
responsible for removing and disposing of all
construction materials and construction waste products
The payment for restoration shall be deemed adequate
consideration for not only relocating and/or replacing
the impacted landscaping area but also as full
consideration for management, overhead, and warranties
associated with the OWNER'S relocating and/or replacing
said landscaping
3 At Closing, the OWNER shall grant a permanent utility
easement described in "EXHIBIT B" and a temporary
E \RAY ROBERTS\REYNOLDSagreement doc
Page 1
construction easement described in "EXHIBIT C" all
attached herewith for the stipulated sum total of
$19,375 00 in their entirety In addition, the OWNER
shall satisfy all closing requirements in relation to
releasing and/or subordination of any liens affecting
the permanent easements and temporary construction
easement tracts,
4 The CITY shall specify and require that the water line
contractor work expeditiously to complete the proposed
water line within the boundaries of the house area from
Station 393+65 to Station 395+65 The timing of the
work within the house area shall not commence before
6 00 a m A construction safety fence shall be
installed along the outer limits of the permanent
easement within the house area (Station 393+65 to
Station 396+65) and shall remain until its removal is
deemed necessary by either the CITY or OWNER The
contractor shall not exceed the limits of the permanent
and temporary construction easements Contractor shall
provide a portable toilet facility for its employees
and said facility shall be located in an area out of
site of the OWNER'S residence No smoking by any
person while on Grantors property
5 The CITY, at its cost, shall install a 1-inch tap and
water meter can on the proposed 16-inch water line to
be installed adjacent to OWNER'S property At the time
OWNER elects to tie onto the city water line for use
associated with the existing residents, a City of
Denton Customer Service account shall be set up by the
OWNER at the time of the physical connections The
OWNER shall be responsible for all typical connection
fees
6 The CITY shall give OWNER two (2) weeks notification
before entering property for construction of said water
line Only the north or south portion of the house
area is to disturbed at any one time Only the north
or south drive will be closed at any one time Extra
care shall be taken by the water line contractor to
protect the existing Electric and Telephone service
lines from being damaged during the construction of the
water line protect
page 2
7 The stipulated total sum of $23,263 68 shall be paid by
the CITY at closing to the OWNER through First American
Title Company, 1100 Dallas Dr , Suite 112 Street,
Denton, Texas, 75205 and any other costs associated
with this transaction shall be paid specifically by the
City Except for OWNER'S attorney fees
8 This agreement 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
r
L
MICHAEL O DL S
SANDI REYNOLD
CITY OF DENTON
BY
Howar r i
Acting City Manager
Attest
VV
ennif r Walters
Sty Secretary
as t6 form
Edwin M /Syiyder
Deputy Y Attorney
Page 3
Acknowledgment
THE STATE OF TEXAS,
COUNTY OF DENTON, §
This instrument was acknowledged before me on 2001 by
Howard Martin, Acting City Manager, City of Dentin, Texas'~~~~/
Notary Public, in and for the State of C^~gc~i
My Commission Expires ~<f 02
ANN FORSYTHE
Wary Public, State of Texea
r\ ~r My Carunbslon Expires
\ ~FpF CEf^A MAY 9, 2002
Acknowledgment
THE STATE OF TEXAS, §
COUNTY OF DENTON,
This instrument was acknowledged before me on 1 ,2001 by
Michael Reynolds and Sandi Reynolds
19=0000000000000000000000000x''- A)✓Z
2S fl00ER N WILKINSON
g Notary Public State n( Texas Not y P liC, in and for
the State of Texas
o,43 My Commission Expires
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?4000000000000000000000000 My Commission Expires
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed
Contract on day of 2001
TITLE COMPANY
Name First American Title Insurance of Texas
Address 1100 Dallas Drive, Suite 112
Denton, Texas 76205
Telephone 940-383-2357
By
Printed Name
Title
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LOOP 288
DETAIL PLAN VIEW
UTILITY EASEMENT EXHIBIT
MICHAEL REYNOLDS LAND
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5 McCRACKEN SURVEY A 817 DRAWN KYJR
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Surveyors & Engineers
of North Texas
1521 Amanda Court
Ponder Texas 76259
Ph (940) 482 2906
FAX (940) 482 2911
Toll Free (877) 481 SENT
www sentcorp Com
RAY ROBERTS WATER LINE
PARCEL #8
TRACT 1
50' UTILITY EASEMENT
FIELD NOTES to all that LUIRNl tract of land situated m the S McCracken Survey Abstract Number 817, Denton
County, Texas and being a part of the called 4 229 acre tract described in the deed from Charles J Wilson to Michael
Reynolds et ux recorded in Volume 824, Page 816 of the Deed Records of Denton County Texas, the subject tract being
more particularly described as follows
BEGINNING for the Northeast comer of the tract being described herein at a Y: inch iron rod found at the Northeast
comer of the Reynolds tract and the Easterly Southeast comer of the called 120 420 acre tract described in a deed from
Edward F Wolski to Denton Independent School District recorded under Clerk's File Number 97-R0083710 of the said
Deed Records and on the Northwest right-ot-way of FM 428,
THENCE South 29 Degrees of the Reynolds tract a distance of Minutes 882 7 feett to Seconds oncrete r right-of-way itovum n ttt the d Southeast comer thereof and a
flare in the Northwest right-of--way of FM 428,
(HENCE South 73 Degrees 04 Minutes I I Seconds West with the South line of the Reynolds tract a distance of 19 8
teet to a concrete right-of--way monument at the Southwest corner thereof and the Southerly Southeast comer of the
DISD tract
THENCE North 00 Degrees 57 Minutes 44 Seconds West with the West line of the Reynolds tract and the East line of
the DISD tract a distance of 72 5 feet, ENCE North 29 egrees
est right way line o FM 428, a distanc0elof inutes 3 s fe1 Seconds et to the Northtline0of feet Northwest the Reynolds ot act and the South Ime ofthelDISD t act f
THENCE Sou the DISD tractta Degnce rof 556 6 feet to the the 50 Seconds Last with the North line ot the Reynolds PLACE OF BEGINNING and enclosing 0 937 accresact and the South line of
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Surveyors & Engineers
of North Texas
1821 Amanda Court
Ponder Texas 78259
Ph (940) 402 2908
FAX (940) 482 2911
Toll Free (877) 481 SENT
www sentcorp mm
RAY ROBERTS WATER LINE
PARCEL #8
TRACT 2
30' TEMPORARY CONS I RUCTION EASEMENT
FIELD NOTES to all that certain tract of land situated in the S McCracken Survey Abstract Number 817 Denton
County, Texas and being a part of the called 4 229 acre tract described in the deed from Charles J Wilson to Michael
Reynolds et ux recorded in Volume 824, Page 816 of the Deed Records of Denton County, Texas, the subject tract being
more particularly described as follows
BEGINNING for the Northwest comer of the tract being described helem on the West line of said Reynolds tract and an
East line of the called 120 420 acre tract described in a deed from Edward F Wolski to Denton Independent School
District recorded under Clerk s File Number 97-80083710 of the said Deed Records and being North 00 Degrees 57
Minutes 44 Seconds West a distance of 72 5 feet from a concrete riglit-ot-way monument found at the Southerly
Southeast corner thereof and the Southwest corner of the Reynolds ti act
THENCE North 00 Degrees 57 Minutes 44 Seconds West with the West line of the Reynolds tract and the East line of
the DISD tract a distance of 60 0 feet,
THENCE North 29 Degrees 01 Minutes 10 Seconds East, 80 feet Northwest of and parallel with the Northwest right-of-
way line of FM 428, a distance of 546 1 feet to the old remains of a fence
THENCE North 88 Degrees 18 Minutes 25 Minutes East general{} along the old remains of a fence a distance of j4 9
feet to a point 50 feet from the Northwest right-of-way line of FM 428
THENCE South 29 Degrees 01 Minutes 10 Seconds West, 50 feet Northwest of and parallel with the Northwest right-of-
way line of FM 428, a distance of 854 3 feet to the PLACE OF BEGINNING and enclosing 0 400 acres