2001-478S \Our Document~\OrdmancesX01~qouthwestem Gas ROW Agreement doc
ORDXN CENO
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A RIGHT OF WAY AGREEMENT WITH SOUTHWESTERN GAS PIPELINE
INC, FOR A GAS PIPELINE LOCATED IN THE J MCDONALD SURVEY, ABSTRACT
NO 1610, DENTON COUNTY, TEXAS, AUTHORIZING THE ACCEPTANCE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS
SECTION 1 The City Manager, or hm designee, is hereby authorized to execute a R~ght
of Way Agreement w~th Southwestern Gas Plpehne in substantially in the same form as the
agreement attached hereto and made a part hereof by reference for a gas p~pehne to be located on
real property owned by the C~ty of Denton, and to accept funds therefore
SECTION 2 Th~s or&nance shall become effective ~mmedlately upon ~ts passage and
approval
PASSED PROVEDth sthe /eZ dayof W-ee m ,2001
EULINE BR(~, MA~OR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERB~~TORNEY
BY
RIGHT OF WAY AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF DENTON
For and In consideration of TEN Dollars ($10 00) and other good and valuable consideration In hand pa~d the rece~p!
and sufficiency of which Is hereby acknowledged the undersigned (hereinafter called GILa-NTOR whether one or more) does
hereby GRANT BARGAIN and CONVEY TO SOUTHWESTERN GAS PIPELINE INC, P O BOX 4000
WOODLANDS TEXAS. 77387 its successors and assigns (hereinafter called GRANTEE) a right of way and easement along
products salV. vater or any other hqulds, gases (including inert gases) or substances which can be transported through a
plpehne across under and upon the ]ands ("smd lands ) of GRANTOR m the County of DENTON State of Texas to war
970, the 1 Hembrle Survey. Ahathaet 594, the J McDonald Survey. Ahatraet 873 and the J W
KJellharg Survey, Abstract 1610 and being the same land described m Exhibit A of that certain Judgment
No CV 92 00520 A the City of Denton Plaintiff. vs M T Cole Trust Number One through its Co
Truslees defendants dated July 7 1993 and recorded under Instrument Number 94 R0071013 Real Proper~
The right of way shall be seventy five feet (75') in width~ during consUuct~on of the plpehne provided for
harem and wdl revert to a permanent easement thirty feet (30) in width
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADF A PART HEREOF FOR A
MORE PARTICULAR DESCRIPTION OF THE RIGHT OF WAY AND EASEMENT
express prior consent of the GRANTEE GRANTOR herein agrees not to change the grade over such p~pehne In addition
granted including but not hn~ted to the right of ingress to and egress over and across said lands to and from said right of way
and easement and the right from hme to t~me to em all trees undergrowth and the other obstructions that m ItS judgment may
injure endanger or interfere with the exercise by GRANTEE of the r~ghls prlvdeges and easements harem granted The
GRANTEE shall have the right to assign the gram or any r~ghts hereto granted in whole or m part
GRANTOR hereby expressly agrees that m the event the route of the p~pehne to be constructed hereunder should cross
or ff the rights granted to GRANTEE hereunder reqmre extra work space then GRANTEE shall have the right and temporary
access to additional working space whtch may be necessary therefor and GRANTEE agrees to pay GRANTOR any and all
damages whi¢h GRANTOR suffers by reason ofGRANTEE Suseofsa~dadd~t~onalworkspace
TO HAVE AND TO HOLD umo GRANTEE. its successors and assigns, so long as the right and easement herein
granted or any one of them shall be used by or useful to GRANTEE for the purpose harem granted the undersigned hereby
The GRANTEE agrees to bury all pipe below normal plow depth and to pay for any physical damage to growing crops
Line No 3235
All G 4995
or xvr~tten have been made modifying adding to or changing the terms of thxs Agreement
IN TESTIMONY WHEREOF the GILANTOR here~n has executed th~s conveyance thts day of
2001
GRAN'I OR
CITY OF DENTON
BY
STATE OI, TLXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of 2001by
APPROVED AS TO FORM //
EXHIBIT "A"
CENTERLINE DESCRIPTION
CITY OF DENTON
Being the centerhne description of a thirty (30) feet w~de permanent easement and right-of-way, out
of the J McDonald Survey, Abstract No 873, W Ned Survey, Abstract No 970 and the J W
Kjellberg Survey, Abstract No 1610, Denton County, Texas and being through that certain 31 107
acre tract of land descnbed by Judgement award of special commissioners, hied for record on
September 13, 1994, under County Clerk Number 94-R0071013 of Denton County, Texas and
being more parbcularly descnbed as follows
BEGINNING at a point on the west hne of the sa~d 31 107 acre tract of land, sa~d point bears S
08°12'26'' W, a d~stance of 155 64 feet from the calculated northwest corner of the sa~d 31 107
acre tract of land,
THENCE, S 44°49'05'' E, a d~stance of 1192 38 feet to the TERMINAL POINT of the here~n
described permanent easement and nght-of-way, sa~d point being on the south hne of said 31 107
acre tract of land and bears S 89°57'37" W, a distance of 537 46 feet from the calculated southeast
corner of said 31 107 acre tract of land
Total length of this easement being as 1192 38 feet or 72 27 rods and contaimng 0 82 acres of
land, more or less
Bearings are based on the UTM Coordinate System, Zone 14, NAD 27 obtained by GPS
observations
Registered Professional Surveyor ,~
No 3808 '~;,
~-16-2001 I0 18am From- T-706 P 001/001 F-ZOG
I1[Project 2163 PLT285¢-25DWG 05SEP01 1336 GF 50000 1MP JEGISL[
' DENTON COUNt, TEXAS
~I COL[ SR ~T ~L
Denton County Deed Rec I
F NElL
] A-970
GR~D N 12052241 77~ ~ ~t .....-~ .......
GRID E 2191007 255/I ~ ICITY OF DENTON
LATITUDE 33°T1,21 671 [ ~
LONGITUDE -97~11 59 540, ] X~ DC CF ,9.-R0071015
J McDONALD ~ '~
~ ~ ~C ~ PROPOSED A-594
~RID N 12051595 965
~ J F { LONGITUOE -97"11 49 623
[ XGRID E 2191847 691
· LATITUDE 3~"11 13 160
~ KJELLBERC -
EXHiBiT "B" ~ TOTAL LENGTH 119258 FEET
TOTAL LENGTH 7227 RODS SOUTHWESTERN GAS PIPELINE, INC
CITY OF DENTON
AIRPORT
A1188A ......................
A085t A
AO970A
A18.56A
A0~mA
A0~g4A