2000-432ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTRY CLUB, FORMERLY
KNOWN AS THE NEW DENTON COUNTRY CLUB, RELATING TO THE PURCHASE OF
A PUBLIC UTILITY EASEMENT, SANITARY SEWER EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS IN THE F DAUGHERTY SURVEY, ABSTRACT
NUMBER 348 AND THE G DAUGHERTY SURVEY, ABSTRACT NUMBER 351,
DENTON COUNTY, TEXAS AND OTHER CONSIDERATIONS REGARDING THE
PENDING GRAVEYARD BRANCH SANITARY SEWER PROJECT, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager lS hereby authorized to execute an Agreement between
the City and Denton Country Club, m substantially the form of the Agreement which is attached
hereto and made a part of th~s ordinance for all purposes for the purchase of a pubhc utlhty
easement, sanitary sewer easements and temporary construction easements and other
cons~derataons regarding the Graveyard Branch Sanitary Sewer Project
SECTION 2 The City Manager is authorized to make the expenditures as set forth in the
attached Real Estate Contract
SECTION 3 This ordinance shall become effective ~mmedlately upon its passage and
approval
PASSED AND APPROVEDthlstt~ day oi~~t~_~,2000
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APIIROVED AS TO LEGAL FORM
HERB~~ATTORNEY
AGREEMENT
AGREEMENT dated {~- ~_% , 2000 between the City of
Denton ("City") and Denton Country Club, f/k/a The New Denton
Country Club, Inc. ("Owner").
WITNESSETH:
Whereas, Denton Country Club ("Owner") is the owner of
certain land in Denton County, Texas which is being affected by the
public improvement project called Graveyard Branch Sanitary Sewer
("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 sanitary sewer line and appurtenances;
NOW, THEREFORE, for good and valuable consideration, the
receipt and adequacy of which ~s hereby acknowledged, the partzes
agree as follows.
For the purposes of this agreement the Halff Associates
draft construction plans dated August 2000, sheets P6,
P7, P8, Pg, P10 and Pll are attached hereto as "Exhibit
A" and made a part hereof by reference (the "Plans")
The station numbers referenced in th~s Agreement refer
to station locations set forth on the Plans.
2
At Closing, the City shall pay Owner $45,000 as payment
in full for the restoration by the owner of all of the
affected cart paths within the playable area affected
by the Project and concrete rip-rap located in the
proximate area of Station 78+84 15 manhole. The City
and/or sanitary sewer line contractor shall be
responsible for removing and disposing of all
construction materials and construction waste products,
including but not limited to affected cart path
mater~al. The $45,000 shall be deemed adequate
consideration for not only rebuxlding the impacted cart
path and concrete rap rap area but also as full
consideration for management, overhead, and warranties
associated with the Owner's request to solely manage
cart path restoration.
S \Our Documents\Con~racts\00\DCC_agreement7 doe
~age 1
3
At Closmng, the Caty shall pay the Owner $36,153 as
payment in full for the restoration by the owner of all
grass turf features wlthin the playable area affected
by the Project. The City and/or sanxtary sewer line
contractor shall leave area ~mpacted by the Project at
the same grade of the adjacent undisturbed areas along
the sewer line traverse The final six inches of fill
wlth~n the playable area (Station 75+11.84 to Station
90+28 48) shall be select topsoil free from gravel,
rocks and debrzs. The $36,153 shall be deemed adequate
consideration for not only reestablishing the turf
grasses wlthin the playable area but also as full
consideration for management, overhead, and warranties
assocaated with the Owner's request to solely manage
turf grass restorataon wathan the playable area. The
$36,153 amount also includes revisiting future
potentaal subsidence assues wzth~n the playable area.
At Closing, the Owner shall grant a permanent sanitary
sewer easement described an ~Exhibit B" and a permanent
publac utillty easement described ~n "Exhzbit C" and a
temporary construction easement described in "Exhibat
D" all attached herewlth for the stipulated sum total
of $40,920 an their entirety In addltion, the Owner
shall furnish the C~ty a release from Terrell W. King
and w~fe Nancy L Kang for the tract conveyed to Denton
Country Club by Cash Warranty Deed recorded in Volume
4331, Page 2423 of the Real Property Records of Denton
County, Texas specifically as ~t relates to the
Restrict~on %1 cited as follows. "No construction of
amprovements without the express written consent of
GRANTOR,", in addlt~on the Owner shall satisfy all
closing requirements in relatzon to subordination of
any l~ens affectzng the permanent easements and
temporary construction easement tracts,
As addational consideration, at Closing, the C~ty shall
pay the owner the sum of $25,000 to mitigate the impact
of constructaon actavitles along the Brush Creek Road
corridor, ancluding the reestablishment of any fencing
and trees, all restoration and reestablishment to be
done by the Owner. Caty agrees to protect and not
remove any trees located an the temporary construction
easement which Owner has flagged prior to contractor
mobal~zation on the property
The City shall specafy and requare that the sanitary
sewer lane contractor work expeditaously to complete
the proposed sanatary sewer line wathin the boundaries
of the playable areas from Station 75+11.84 to Station
90+28.48. The timing of the work within the playable
area shall conunence on Monday, December 18, 2000 and
the contractor shall work and be mobilized within the
playable area only on the following days~ December 18,
19, 20, 21, 26, 27, 28, all in the year 2000, and
January 2, 3, 4, 8, 9, 10, 11, 15, 16, 17, 18, 22, 23,
24, 25, 29, 30 and 31, and Februar~ i an the year 2001.
The contractor shall be requared to remove and
demobalaze all constructaon materaals and equipment
from within the limits of the playable areas on the
followang dates~ December 22, 23, 24, 25, 29, 30, 31
all in the year 2000, and January 1, 5, 6, 7, 12, 13,
14, 19, 20, 21, 26, 27 and 28 in the year 2001.
Demobilazang shall include removal of all construction
materials and equipment, however the salt fence to be
established along the outer lamats of the permanent and
temporary constructaon easements shall remaan until its
removal as deemed necessary by either the Caty or
Owner The silt fence shall be installed along the
outer limats of the permanent and temporary
construction easements wathan the playable area
(Station 75+11.84 to Stat=on 90+28 48) and the
contractor shall not exceed the limits of the permanent
and temporary constructaon easements. The contractor
shall only use a specifaed area adjacent to the Owner's
land to the west, wathan the Mathew's tract to store
materaals and equapment and shall only be allowed
access to the work withan the playable areas from Brush
Creek Road at Stataon 75+11.84 and from the adjacent
Mathew's tract at Station 90+28 48 Should formidable
weather conditions hander the sanatary sewer line
contractor from performing the abovementioned work
within the above specafied dates then the City shall
negotiate additaonal work days with the Owner at
Owner's dascretion, but at no addltional cost to the
Caty, so long as those additional work days do not
occur beyond February 15, 2001
In lieu of borang, the City shall pay the Owner at
closing $50,000 for constructaon impact to the
Cottonwood tree at the #2 green. This consideration
~'age 3
9
shall be deemed as full payment for not only impact to
the Cottonwood tree but also to the ancallary impact of
construction operatlons to the embankment adjacent to
the sand trap at the #2 green and the creation of a
temporary %2 green during the construction project.
Removal and replacement of the Cottonwood tree shall be
at the sole expense and dlscretaon of the Owner. The
City and/or its contractor shall install T-posts on 8
foot centers from Stataon 87+00 to Station 88+40
delineating the tree/sand trap area from the scope of
the sewer line anstallataon area The City shall
conduct its constructaon such that the sand trap at
green %2 as not affected The T-posts shall remain
until removal is deemed necessary by either the City
and/or Owner.
The proposed manholes at Stations 78+84.15 and 83+48.12
shall be anstalled flush wath the existing terrain, all
other proposed manholes shall be wathan i foot of
exasting grade wathan the lamats of the Owner's tract.
The C~ty shall ~nstall identafyang s~gnage at all
manhole locations wathln the Owner's affected tract
save the above mentioned manholes located wathin the
playable area.
The Caty of Denton, at its cost, shall install two (2),
four inch PVC sanitary sewer taps at stations 87+75 and
101+75 w~thin the Owner's property, during the
anstallataon of the proposed sanitary sewer main. The
sanatary sewer servace taps shall be the City of Denton
Standard Deep Servace Connection wath sangle clean-out
to maan and 8' stub-out to user The installation of
the two service taps (Stataons 85+75 and 101+75)are
consadered as addataonal consaderataon. A City of
Denton Customer Servace account shall be set up by the
owner at the time of the physical connections.
Physacal connection to the service taps shall require
payment of impact fees for each sanitary sewer tap at
the tame of connection. The impact fee shall be
calculated based on Single Family Equivalents {SFEs)
projected for each connectaon or known water
consumptaon amounts of all connected structures. Also,
the impact fee shall be calculated using the lmpact fee
structure valid at the tame of service connections
(subject to change over tame) The periodic charges
for wastewater service shall be based on either
P&ge 4
projected SFEs or known water consumption amounts of
all connected structures. Both the impact fee(s) and
the periodic wastewater service fee(s) shall be based
on the same criteria established for other City of
Denton wastewater customers
l0
There shall be no bench cuts or angle of repose
trenching within the playable area {Station 75+11.84 to
Station 90+28.48) and only vertical wall trenching
shall be allowed ~n the playable area using the
approprlate trench safety measures associated with a
typical installation.
l!
The City shall pay the Owner at closlng $32,063 for
replacement of all irrigation lines affected by the
installation of the sanitary sewer line. The City shall
make every effort to mark, ~dentzfy, and record the
location of those irrigation lines impacted by sanitary
sewer line construction which are discovered during the
scope of construction actxvities and relay that
~nformation to the Owner. It shall be the sole
responsibility of the Owner to insure that the water
irrzgation lines are all functional and operable, prior
to, during and after the installation of the sanitary
sewer main. The payment amount of $32,063 shall include
not only the cost of labor and materials but also shall
be deemed as full consideration for management,
overhead, and warrantaes assocaated with the Owner's
request to solely restore lrragataon water lines and
appurtenances.
]2
The Caty shall pay the Owner $72,944 as additional
considerataon to compensate for revenue losses during
construction of the pending Sanitary Sewer Project, as
the construction affects golf play within the playable
area during the construction days stipulated in
Paragraph 6. For the purposes of this Agreement,
Mondays are not calculated as a playable day since the
course as typically closed on Mondays. Weekday play
coneadered impacted as on Tuesdays, Wednesdays and
Thursdays, leaving Friday, Saturday and Sunday as
playable days in whach the Contractor, all materials
and equipment shall be demobalazed from the playable
area. Should the City request additional workdays
Page 5
w=thln the playable area beyond the total specified
number of actual days occurring on Tuesdays, Wednesdays
and Thursdays, then the City shall pay an additional
sum of $3,800 for each addlt=onal day construction
activities occur on Tuesdays, Wednesdays and Thursdays,
so long as the additional work days do not extend
beyond February 14, 2001 Should inclement weather
require that the actual number of workdays within the
playable area occurring on Tuesdays, Wednesdays and
Thursdays be sh~fted forward ~n t~me, then those
additional calendar days shall be granted at no
add~tlonal costs, so long as those additional calendar
days all occur prior to February 15, 2001 The nua~ber
of available weekdays occurring on Tuesdays, Wednesdays
and Thursdays after the days stipulated ~n Paragraph 6,
are five days, therefore, barring ~nclement weather,
the total additional costs for non-weather related
construction delays shall not exceed 7 days times(x)
$3,800 or $19,000. The ~nlt~al construction activity on
Owner's property w~th~n the playable area is prohibited
after February 15, 2001
The stipulated total sum of $302,080 shall be paid by
the City at closing to the Owner through First American
Title Company, 300 North Elm Street, Denton, Texas,
75201 and any other costs associated with th~s
transaction shall be paid speclf~cally by the City.
The closing and funding of the transaction shall occur
prior to work commencing on Owner's property (unless
such work is performed pursuant to a Right of Entry),
but no later than f~ve days after the date of this
Agreement
In the event the City finds it necessary to reenter
Owner's property after the ~n~tial construction dates
identzfied in Paragraph 6, the C~ty shall, prior to
accessing Owner's property, coordinate with Owner to
avoid disruption of Owner's activities. Access by City
shall be limited to Monday through Thursdays except for
in the case of emergencies. City shall be responsible
for the replacement, repaxr or payment for any damage
to Owner's property or interruption of Owner's business
in the event the Cmty finds it necessary to
reconstruct, replace, repair, alter, relocate, operate
or otherwise exercise its r~ghts under the easement
Page
documents. City specif=cally recognizes that Owner is
operating a going concern business on the property and
that any exercise of City's rights under the Sanitary
Sewer Easement has the potential to adversely affect
Owner's operation of ~ts business; therefore, City
agrees to m~nimize ~ts entry onto Owner's property and
to mitigate any of the C~ty's activities on Owner's
property.
Th~s agreement constitutes the sole and only agreement
of the part~es and supersedes any prior understandings
or written or oral agreements between the parties
respecting the within subject matter.
DENTON COUNTRY CLUB
CITY OF DENTON
City Man&get ~/
Deputy C t~,.v' Attorney
Page 7
Acknowledgment
THE STATE OF TEXAS,
COUNTY OF DENTON,
This instrument was acknowledged before me on~C I
Michael W. Jez, City Manager, City of Denton, Texas.
,2000 by
Notary Public, in and for the State of-~e~
My Commission Expires: ~-~-~--~-bt
Acknowledgment
THE STATE OF TEXAS, '
COUNTY OF DENTON, '
This i~r~.e~t .as.~ao~w~.ag~a, befor. ~e on ~ g'l
_. g~LJ ~__~, 5~'~Denton Country czub
Notary Public, in and for the State of
My Commission Expi~~'l~
,2000 by
00+9~ ¥.LS ~NI"I HO.L¥1AI
'l'
X
UJ
X
x
X
x
Exhibit "B"
SANITARY SEWER EASEMENT
THE STATE OF TEXAS,
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS
THAT Denton Country Club f/k/a/ The New Denton Country Club,
Inc (Grantor), in consideration of the payment of the sum of
Fifteen Thousand One Hundred Fifty Nine Dollars and 00/100
($15,159 00) in hand paid by the City of Denton, Texas (City),
receipt of which is hereby acknowledged, grants, and conveys to the
City a sanitary sewer easement across the real property owned by
Grantor, as described an EXHIBITS "A", Parcel ?A~2 and Parcel ?B
illustrated in EXHIBITS "B", Parcel 7A-2 and Parcel 7B attached to
and incorporated into this document by reference
The grant made includes and is subject to the following
i Purpose This easement grants to the City the r~ght to
~onstruct, install, reconstruct, repair, relocate, operate, and
maintain one underground sanitary sewer line, facilities and
appurtenances, in, on, under and across the permanent easement
pursuant to the terms of an Agreement dated the day of
2000, between the Grantor and the City
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, repair or pay for any sidewalk, parking lot,
driveway, cart path, grass turf, irrigation l~nes and sand traps
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 ~r&ntor constructs
or places buildings, signs, parking lots, or other structures over
the permanent easement after execution of this easement document,
the City may remove all or part of the structures and zmprovements
aa necessary to construct, reconstruct, replace, repair, alter,
relocate, operate or otherwise exercise its rights herein wLthout
any obligation to replace or repair the structures or improvements
end without any liability to grantor including the obligation to
make further payment to Grantor If the Grantor constructs or
places cart paths, grass turf or irrigation lines over the
permanent easement after the execution of this easement document,
the City may remove all or part of the structures or improvements
as necessary to reconstruct, replace, repair, alter, relocate,
operate or otherwise exercise its rights herein with the obligation
to replace, repair or pay for the improvements with liability to
Grantor including the obligation to make further payments to
Grantor for interruptions of Grantor's business as it relates to
actual golf play
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 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 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
Exhibit "B"
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 right-of-way and not from other lands owned by Grantor
outside the permanent easement Access shall be limited to Mondays
through Thursdays, except in the case of emergencies Prior to
access, City shall coordinate w~th Grantor to avoid disruption of
~rantor's activltles
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 (except golf greens, tee boxes, water
hazards, and sand traps) within the permanent easement, but the
City may remove all or pert of any shrubs, vines, grass, or other
landscape features as is necessary to, reconstruct, replace,
repair, alter, relocate, operate its sanitary sewer facilities or
otherwise exercise its rights herein with the obllgation to
replace, repair or pay for same Any non-playable area disturbed
during construction shall be seeded by the City as per City of
Denton project specifications subsidence associated with said
construction will he 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 resultxng from the
City's construction, reconstruction, repair, replacement, or other
use of the easement for the purposes granted
7 Grantor's Rights Grantor shell 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 Neither party has made any representations or prommses
outside the written provisions of this easement document relating
to the subject matter of this easement document
9 Successors and Assigns This grant shall run with the
land and shall be binding upon the parties and their heirs,
successors and assigns
Witness my hand, this the __ day of
Dy
Title
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF
This instrument was acknowledged before me on
by
Name
, 2000
~2000
Exhibit ~B"
Notary Public, in and for the State of __
My Commission Expires
Accepted th~s day of
~he City of Denton, Texas (Resolution No 91-073)
Paul Williamson
Right-of-Way Agent
, 2000 for
AFTER
RECORDING
RETURN TO~
City of Den=on
221 N Elm Street
Denton, Texas 76201
ATTNI Paul Williamson
EXHIBIT "B"(contd.)
EXHIBIT "A"
Public Utlhty Easement
Parcel No ?A-I
FIELD NOTES ora 30 foot wide public utility easement lying and being sKuated tn the F
Daugherty Sur~ey, Abs~'act Number 348, Denton County, Texas, and being a portion of that
113 45 Acm tract described as F~rst Tract In the Deed recorded In Volume 499, Page 139 all of the
Deed Records of Denton County, Texas, and being more particularly described as follows
COMMENCING at a 1/2 inch iron rod w~th a yellow plastic cap stamped "HalffAssoc, Inc"
hereinafter referred to as "with cap" set for the Northeast comer of the beforementloned 5 0 Acre
react, same being tn a West line of the beforementtoned 113 45 Acre h'act,
THENCE North 00 degrees 01 minutes 45 seconds East for a distance of 768 70 feet to a point for
THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 953 00 feet to the PLACE
OF BEGINNING of the herein described tract,
THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 779 63 feet to a point for
THENCE South 00 degrees 07 minutes 56 seconds E~st for a dtstance of 30 00 feet to a point for
eOrl?r~
THENCE South 89 degrees 35 minutes 49 seconds West for a distance of 798 83 feet to a 1/2 inch
iron rod with cap set for comer,
THENCE North 32 degrees 24 minutes 16 seconds East for a dsstance of 35 69 feet to the PLACE
OF BEGINNING containing 23,667 square feet or 0 544 Acres of land, more or less
"Basis of Beanng Is NAD 83 (1993) Texas State Plane No~. Central Zone (4202) as observed by
OPS on Julian day 013 of 2000 from ARLINOTON RRP CORS AR.P, PID No AF9536
Convergence angle at ARLINGTON RRP CORS ARP is +00 de.ecs 47 minutes 06 g seconds"
.... (contd.)
EXHIBIT B
// v, ,.)) ~v, ,* ,
~ //// ~ 5~'
////
[PLACE OF ~ ~
ICO~U[NCEU~NTI / I
A 11~45 A~ ~CT ~ ~
PUBLIC UTILITY EASEMENT
Exhibit "C"
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THAT Denton Country Club, f/k/a The New Denton Country Club, Inc
(Grantor), in consideration of the payment of the sum of N~neteen
Thousand Four Hundred Dollars and no Cents ($19,400 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", Parcel 7A~1, and illustrated in
EXHIBIT "H", Parcel 7A-1 attached to and incorporated 1nrc this
document by reference
The grant made includes and is subject to the following
I Purpose This easement grants to the City the right to
construct, install, reconstruct, repair, relocate, operate, and
maintain underground water lines, sanitary sewer lines, storm water
~ipelines, valves, facilities and appurtenances, underground wires
and related facilities, underground communication lines and other
underground public utilities and other related facilities in, on,
under 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
that exists on the easement on the date of execution of this
strument if removed or damaged by the City during the ~nitial con-
struction of the sanitary sewer line If the Grantor constructs or
places buildings, signs, parking lots, driveways, private walkways,
or other structures or improvements over the permanent easement af-
ter 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 re-
pair the structures or improvements and without any liab=llty to
Grantor including the obligation to make further payment to Gran-
tor
3 Fences and 0ares 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 of
Denton expense After completlon of the initial construction, the
City shall reinstall any fence or gates znitially removed or relo-
cated to their original locations 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
plicable, so that the City may open all locks for access without
prior notice to Grantor
4 Access For the purposes of exercising zts rights, the
City shall have access to the easement by way of exzsting public
property or right-of-way and not from other lands owned by Grantor
outside the permanent easement
Trees and Landscaping Grantor shall not plant any tree
Exhibit "C"
upon the permanent easement property City may cut, trim, or com-
pletely remove any trees or portions of trees now or hereafter lo-
cated within the easement without liability to Grantor including
the obligation to make further payment to Grantor Grantor may
plant shrubs, v~nes, 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,
place, repair, alter, relocate, operate its utilities or otherwise
exercise its rights herein without any liabll~ty to Grantor includ-
ing 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 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
9 Successors and Assigns This grant shall run with the
land and shall be binding upon the parties and their heirs, succes-
sors and assigns
Witness my hand, this the __ day of , 2000
Name
Title
THE STATE OF §
COUNTY OF ~
ACKNOWLEDGMENT
This instrument was acknowledged before me on
Name
Accepted this
the City of Denton, Texas
Paul Williamson
Right-of-Way Agent
Notary Public, in and for the State of
My CommissionExpxres
day of ~ 2000 for
(Resolution No 91-073)
AFTER RECORDING
RETURN TO~
City of Denton
221 N Elm Street
Denton, Texas 76201
ATTN Paul Williamson
Exhibit "C"
EXHIBIT "C"(contd.)
EXHIBIT "A"
Pcrma~nent Saratary Sewer Easement
Parcel No 7A-2
FIELD NOTES ora 25 foot vade permanent samtary sewer easement lying and being situated m
the O Daugherty Survey, Abstract Number 351 und the F Dangherty Survey, Abstract Number
348, Denton County, Texas, and being a portion of that 5 0 Acre tract described as Third Tract in
the Deed recorded tn ¥ollJ.~.c 499, Page 139, and also being a portion of that 113 45 Acre tract
described as F~rst Tract In the Deed recorded In Volume 499, Page 139 all oft.he Deed Records of
Denton County, Texas, and being more particularly dasenbed as follows
BEGINNING at a 1/2 tach Iron rod with a yellow plastic cap stamped "HalffAssoc, lnc"
hereinafter referred to as "with cap" set for the Northeast comer of the bel'orementmned 5 0 Acre
tract, same being in a West linc of the beforementloned 113 45 Acre tract,
THENCE North 47 degrees I 1 n,anutes 51 seconds East departing the beforementloned comer and
West hne for a dtstance of 430 g0 feet to a 1/2 inch iron rod with cap set for comer,
THENCE North 69 degrees 33 minutes 31 seconds East for a distance of 462 58 feet to a 1/2 tach
Iron rod with cap set for comer,
THENCE North 32 degrees 24 minutes 16 seconds East for a distance of 344 66 feet to a 1/2 Inch
Iron rod with cap set for comer,
THENCE North 89 degrees 35 minutes 49 seconds East for a thstance of 29 74 feet to a 1/2 inch
iron rod vath cap set for comer,
THENCE South 32 degrees 24 minutes 16 seconds West for a distance of 369 18 feet to a 1/2 inch
iron rod vath cap set for comer,
THENCE South 69 degrees 33 minutes 31 seconds West for a distance of 466 04 feet to a 1/2 inch
iron rod with cap set for comer,
THENCE South 47 degrees 11 mmutes 51 seconds West for a d;stance of 670 71 feet to a 1/2 inch
iron rod ',,nth cap set in the West hne of the beforementmned 5 0 Acre tract for comer,
THENCE North 00 degrees 48 minutes 29 seconds West w~th the bel'orement:oned West line for a
distance of 33 64 feet to a 1/2 inch Iron rod with cap set for comer,
THENCE North 47 degrees 11 minutes 51 seconds East departing the beforementloned West hne
for a distance of 222 35 feet to the PLACE OF BEGINNING containing 37,079 square feet or
0 85I Acres of land, more or less
"Basts of Beanng is NAD 83 (1993) Texas State Plane North Central Zone (4202) as obser./ed by
GP$ on Julian day 013 of 2000 from ARLINGTON RRP CORS AP.P, PiD No AF9536
Convergence angle at ARLINGTON RRP CORS ARP is ";-00 degrees 47 minutes 06 8 seconds
JSRRY L LEH
3897
~Xl-IIIdl I ' L; {oon~a.}
/
/
EXHIBIT '~'
PARCEL '7A'2
(PSSE)
/
/
IPLACE OF
BEGINNING
25
G?O TI
~ I~roN COUNTRy Ct.U~
A 5.0 ACR~ A~ A 11~,45 AC~ TRACT 0~: L~
CITY OF DENTQN~ DE~TOH COUNTY, TEXAS
EXHIBIT "C"(contd.)
EXHIBIT ' A
Permanent Sam~aPj Sewer Easement
Parcel No ?B
FIELD NOTES of a 25 foot w~de permanent samtary sewer easement lying and being s~tuated m
the G Daugherty Survey Abstract No 35 I, Denton County Texas and being a pomon of that
? I 752 Acm tract described a'~ Tract One m thc Deed recorded m Volume 498 Page. 520 of the
Deed Records of Denton County Texas, and being more pamcularl) described as follows
BEGi'NNENO at a 1/2 inch ~ron rod found for at the interior ell corner of the beforementmned
71 752 Acre t;act
THENCE South 03 degrees O0 minutes 40 second~ West for a distance of 25 03 feet to a 1/2 tach
~ron rod with a yellow plasUc cap stamped' Halfr Assoc, lnc' he;emaftet ret'e~red to as ' with cap
Set for corner,
THENCE North 89 degrees 37 minutes 43 seconds West for a d~stanee of 458 69 feet to a i/2 ~nch
iron rod set for corner
THENCE South 50 degrees 23 mmutes 42 second~ West for a dtst ~nce ot 463 31 feet to a 1/2 ~nch
THENCE South 39 degrees 39 minutes 12 seconds West for a d~stance of 883 23 feet to a 112 inch
Iron rod SC[ for corner,
THENCE South 54 degrees 27 minutes I 1 seconds West for a d~stance of 94 39 feet to a 1/2 ~nch
Iron rod set m thc West hne of the beforement~oned 71 752 Acre tract for corner
THENCE North 00 degrees 23 minute:, 43 seconds West w~th the berorement~oned West hnc for a
d~stan~e ol 30 58 fe,.t to a 2 tach ~ron p~pc found for corner
THENCE No,th 54 degrees 27 m~nutes 1 I seconds East departing the befo=ement~oned West hne
tot a d~stance of 73 54 feet to a In mch ~ron rod set for cornet
THENCE North 39 dt. grees 39 minutes 12 seconds East for t d]st ~nce of 882 33 feet to ", I/2 ~nch
Iron rod se~ for corner
THENCE North 50 degr~.es 23 minutes 42 seconds East for a d~stance of 474 75 feet to a 1/2 tach
~ron rod s~.t for corne~
THENCE South 89 degree,, 37 minutes 43 ,,cconds E ~st for a d~st incc of 468 93 feet to the PLACE
OF BEGINNLNG coot umng 47 490 square feet o~ I 090 Acrt. s of land mo~e or less
Bas~s ot Be trlng ~s NAD 83 (1993) Texas State Plane Norlh CenuaI Zone (4202) as observed
CPS on Juhan day 013 of 2000 from ARLINGTON RRP CORE ARP PiD No AF9536
Conw. rgem. e angle at ARLINGTON RRP CORS ARP is +00 d~.g~ee~ 47 minutes 06 8 seconds
EXHIBIT
"C"(contd.)
PLACE
EXHIBIT
PARCEL *7B
(PSS£)
SIR
NEW DENTON COUNTRY CLUB
A 71752 ACRE TRACT OF LAND
CiTY OF OENTON, DENTON COUNTY, TEXAS
Exhibit "D"
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
THE STATE OF TEXAS,
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS
THAT Denton Country Club, f/k/a The New Denton Country
Club, Inc {grantors) of Denton County, Texas, in
consideration of the sum of Six Thousand Three Hundred and
Sixty One Dollars and no cents ($6,361 00) and OTHER SOOD
AND VALUABLE CONSIDERATION in hand pazd by the City of
Denton, Texas, (~rantee), receipt of which is hereby
acknowledged, does by these presents grant, bargain, sell
and convey unto the City of Denton, Texas, the free and
uninterrupted use, liberty and pr~vilege of the passage in,
along, upon and across the following described property,
owned by grantors as described in EXHIBITS ~A-I", Parcel 7-
A, Parcel 7-B (TCETB1), and Parcel 7B {TCETB2) and
illustrated in Exhibit ~B-i" attached to and =ncorporated
into this document by reference
SEE ATTACHED EXHIBITS ~A-i" FOR
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
And it is further agreed that the Cmty of Denton,
Texas in consideration of the benefits above set out, will
remove from the property above described, such fences,
buildings and other obstructions as may now be found upon
said property pursuant to the terms of an Agreement dated
the day of 2000 between ~rantor
and ~rantee
For the purpose of access and construction activities
in, along, upon and across said premises, the City of
Denton, its agents, employees, workmen and representative
shall have ingress, egress, and regress in, along upon and
across said premises for the purpose of access and
construction activities or any part thereof The terms of
this grant shall expire 6 months from the date of
Exhibit "D"
execution
TO HAVE AND TO HOLD unto the said CLty of Denton,
Texas as aforesaid for the purposes aforesaid the premises
above described
Witness our hands, this the day of
, 2000
By
Title
Accepted this the day of ,2000 for
the City of Denton, Texas (Resolution Nc 91-073)
BY
Paul Williamson
AFTER
RECORDIN~
RETURN TOt
City of Denton
221 N Elm Street
Denton, Texas 76201
ATTN Paul Williamson
EXHIBIT "D"(contd.)
EXHIBIT "A-l"
Temporary Construchon Easement
Parcel No ?A
FIELD NOTES of a 20' w~de temporary construction ea,sement lying and being s~tuated in the G
D,lugherty Survey, Abstract Number 351 and the F Daugherty Survey, Abstract Number 348
Denton County, Texas, and being a port~on or that 5 0 Acre tract described as Third Tract ~n the
Deed recorded in Volume 499, Page 139, and also being a pomon of that 113 45 Acre tract
described as F~r~t Tract ~n the Deed recorded m Volume 499, Page 139 all of the Deed Records of
Denton County Texn% and being more particularly described as follows
B EGINNI~G at a point ~n the East hne of the berorcmentioned 5 0 Acre tract, sa~d point being
located South 00 degrees 01 m~nutes 45 seconds West a d~stance of 34 09 feet from the Northeast
corner of the s ;~d 5 0 Acre tract ~atd point I~ uno :n a We~t hne of the beforement:oned I 13 45
Acre tract
THENCE North 47 degrees I I m~nutes 51 second~ East for a dtst,mce of 449 04 feet to a point for
corner
THENCE North 69 degrees 33 minutes 31 ,;econds East for a d~stance of 466 04 feet to a point for
corner
THENCE North 32 degrees 24 m~nutes 16 seconds East for a d~stance of 369 18 feet to a point for
corner
THENCE North 89 degree'; 35 mtnute~ 49 second~, East for a dlst ~nce of 769 08 feet to a point for
corner
THENCE South 00 degrees O? minutes 56 seconds East for a d~stance or 20 0o feet to a point for
corner
TF1ENCE South g9 degrees '~5 minutes 49 seconds ",Ve~t for a dt%tance of 7'18 08 feet to n pmnt for
corner
THENCE South 39. degree,; 24 mtnute,, 16 second,, We,,t for n d:',t,mce of 365 O0 feet to a point for
corner
THENCE South 69 d~.grees 33 minutes 31 second', West for a distance of 468 81 feet to a potnt for
THENCE South 47 degree,; I Immutes 51 seconds West for a d~stance of 684 77 feet to a potnt for
THENCE Nolth 00 degrees 48 mmute~ 28 second~ %e',t for a dt.,tance of 26 91 feet to a 1/2 inch
THENCE North 47 degrees Il minutes 51 second~ East for a d:stlnce of 221 67 feet to the PLACE
OF BEGINNFNG containing 45 517 square feet or I 045 Acre,, o( land more or less
B t~ls of Be xnng ts NAD 8'~ (I 993) Texas State PI me North Central Zone (4202) ns observed by
GPS on Juh m d I¥ 013 of 2000 from ARLINGTON RRP CORE ARP PIE) No AF9536
Convergence angle ut ARLINGTON RRP CORE ARP ~s +00 degrees 47 minutes 06 8 seconds
I:XHIBIT
"D"(contd.)
EXHIBIT '*B-I" ",
PARCEL '~7A
(-/-CE)
PLACE OF
BEGINNING
NEW DENTON COUNTRY CLUB
A 50 ACRE AND A 11~45 ACRS TRACT OF LANO
CITY OF DSNTON, DSNTON COUNTY, TSXAS
-III Hale Associates.
EXHIBIT "D"(contd.)
EXHIBIT '
Temporary Construction E~scment
Parcel No ?lB
(TCETB !)
FI'ELD NOTES of a 20 foot wide temporary construction easement lying and being situated ~n the
G Daugherty Survey Abstract No 35 I, Denton County Texas and being a portton of that 71 7.52
Acre tr ~ct de~crthed as Tract One m the Deed recorded in Volume 498, Page 520 of the Deed
Records of Denton County, Texas and being more particularly described a,, follows
BEGINNING at a point for corner said pmnt bears South 03 degrees 00 minutes 40 seconds West
a &',tance of 25 03 feet from a I/2 inch Iron rod found for Ihe m~enor ell corner of the
beforement]oned 71 752 Acre tract
THENCE South 03 degrees 00 mtnutes 40 seconds West for a &st'mae of 20 02 feet to a point for
THENCE North 89 degrees 37 minutes 43 seconds West for a d~qance of 481 62 feet to a point for
THENCE North 50 degrees 23 minutes 42 seconds East for n d~stance of 31 13 feet to a point for
corner
THENCE South 89 degree,; 37 minutes 43 seconds East for a d~stance of 458 69 feet to the PLACE
OF BEGINNING contammg 9 403 square feet or 0 216 Acres of had more or les<;
B ts~s of Be Ir~ng ts NAD 83 (1993) Te'<ns State Plane North Central Zone (4202) as observed by
GPS on Jnhan day Ol 3 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536
Convergeno. nngle at ARLINGTON RRP CORS ARP ~s +00 degrees 47 mmute~ 06 8 seconds
EXHIBIT "D"(contd.)
IPLACE OF
Ls 4o~ s~u*~¢ f~' o" o z,~ *c.~s / BEGINNING
/
Ii
EXHIBIT "B-I'
PARCEL
FFCE7B/)
NEW DENTON COUNTRY CLUB
A 71 752 ACRE TRACT OF LANO
CITY OF DENTON, DENTON COUNTY, TEXAS
EXHIBIT "D"(contd.)
EXHIBIT "A-l"
Temporary Construction Easement
Parcel No 7B
(TCE7B2)
FI'ELD NOTES of a 20 foot w~de temporary construction easement lying and being s~tuated ~n the
G Daugherty Survey Abstract No 35 I, Denton County Texas and betng a pomon of that 71 752
Acre tract dt.,,crlbed as Tract One In the Deed recorded in Volume 498, Page 520 of the Deed
Record', of Denton County, Texas and being more particularly described as follows
BEG[NNING at a pmnt In a North hne of the beforemennoned 71 '752 Acre tract, Smd pmnt bears
North 89 degrees 37 m~nutes 43 seconds West n al=stance of 468 93 feel from a I/2 ~nch ~ron rod
round for at the ~ntenor ell corner of ~he beforement[oned 71 752 Acre tract
THENCE South 'SO degrees 23 m~nutes 42 second~ West for adn, t race of 474 75 feet to a pm nt for
THENCE South 39 degrees 39 minutes 12 seconds West for a dls:ance of 882 33 feet to a point for
THENCE South 54 degrees 27 minutes 11 seconds West for a distance of 73 54 feet to a 2 ~nch
iron p~pe found in the West hne of the beforement~oned 7I 752 Acre tract for corner
THENCE North 0 degrees 23 minutes 43 seconds West w~th the beforementloned West line for a
ch~tance of 24 46 feet to a point for corner
THENCE North 54 degrees 27 m~nutes I I seconds East depamng the beforementloned West hne
lor a d~,,tance or 56 86 feet to a point for corner,
THENCE North 39 degrees 39 m~nutes 12 seconds East for a d~stance of 881 6I feet to a pmnt for
THENCE Ninth q0 degree', 23 minutes 42 seconds Easl for a ch',I race of 453 60 feet to a pmnt m a
North hoe of Ihe beforement~oned 71 752 Acre tract for corner
THENCE South 89 degrees 37 minute,, 43 seconds East for '~ d~qt race of 30 50 feet to the PLACE
OF BEGI'NNING containing 28 227 square feet or 0 648 Acre', of land more or les~
B ~%1% Of Bearing is NAD 83 (I 993) Texas State Plane North Central Zone (4202) as observed by
GP5 on Juhan day 013 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536
Convergence ingle at ARLINGTON RRP CORS ARP ts +00 degrees 47 minutes 06 8 second~
EXHIBIT
"D'(contd.)
47475
~LACE OF 1 J
BEGINNING~ I
I,
EXHIBIT °'B-I"
PA~C£/ *7B
FFCE7B2)
NO0 23 43 W
yoSO.t/
NEW DENTON COUNTRY CLUB
A 71 752 ACRE TRACT OF LANO
CITY OF DENTON, DENTON COUNTY, TEXAS