1999-188F \shared~lept~LGL\Our Doeuments\Ordmanees\99\Umeom Lake Windjammer doc
ORD CE NO q q-- / b
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH WINDJAMMER, LTD,
RELATING TO PURCHASE OF RIGHT-OF-WAY AND THE CONSTRUCTION OF
CERTAIN PUBLIC IMPROVEMENTS IN UNICORN LAKE, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager ~s hereby authorized to execute an Agreement on
behalf of,the C~ty of Denton with WindJammer, Ltd, substantially m the form of the attached
Agreement which ~s incorporated herein for all purposes, relating to the purchase of property ~n
Unicom Lake for street right-of-way and the constmcuon in part of W~nd R~ver Lane
SECTION II. That the C~ty Manager is authorized to make the expenditure of funds as
prowded in the attached Agreement
SECTION III That th~s omhnance shall become effective ~mmedlately upon ~ts passage
and approval
PASSED AND APPROVED tlus the /~'~dayof ~ff~t~ ,1999
JA~I~LLER, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AGREEMENT
AGREEMENT dated ~Q~ ?~,q, ~,D , 1999 between the City of Denton
("C~ty") and WindJammer, Ltd
WITNESSETH
WHEREAS, W~ndjammer, Ltd ("Owner") ~s the owner of certmn land ~n Denton
County, Texas, which is being developed ("ProJect") to be known as UNICORN LAKE, and
WHEREAS, the ProJect will benefit the Cxty, and the Cxty and Owner reached certmn
agreements regarding assxstance the City will prowde ~n connection with development of the
ProJect,
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows
1 The Owner shall dedicate an eighty (80) foot wide right-of-way through the
Project to cormeet the terminus of Wind Raver Lane at the east line of W~nd Raver
Estates, Phase VII, an addition to the C~ty of Denton recorded ~n Cabinet P, Page
151 of the Plat Records of Denton County, Texas to the southbound service road
of Interstate Highway 35 East as described by metes and bounds on Exlublt "A-I"
and illustrated on Exlublt "A-2", both attached herewith
2 The typical platting process for the ProJect would entail a right-of-way dedmatlon
for Wind Raver Lane of s~xty (60) feet ~n w~dth as per the current Denton Mobility
Plan, Roadway Component The timing of the ProJect ~s such that ~s desirous to
bmld the road prior to formal platting actlvlty to expedite the public's use of Wind
Raver Lane as a connection from Teasley Lane / Lflhan Miller Parkway to the
Interstate 35 East southbound service road The Cxty of Denton hereby agrees to
pamelpate in the cost of the additional twenty (20) feet wide right-of-way yield as
an oversize measure The City of Denton shall pay EIGHTY-FIVE THOUSAND
NINE-HUNDRED AND TWENTY TWO DOLLARS AND NO CENTS
($85,922 00) for the additional twenty (20) feet wide right-of-way included m the
overall dedmatlon
3 In addition to the Ctty's above-mentioned monetary participation xn the right-of-
way for Wind Raver Lane, the City hereby agrees to participate in the cost of the
smd Wind Raver Lane construction from the terminus of Wind Raver Lane at the
east line of Wind Raver Estates, Phase VII, an addition to the City of Denton
recorded in Cabinet P, Page 151 of the Plat Records of Denton County, Texas to
the southbound service mad of Interstate Highway 35 East The City shall pay
either (a) ONE HUNDRED AND FOURTEEN THOUSAND SEVENTY EIGHT
DOLLARS AND NO CENTS ($114,078 00) or (b) an amount not to exceed 30%
of the total contract for the required facilities, whichever is less, as provided for in
§212 072 of the Texas Local Government Code, as partlclpatlon m the paving and
drainage improvements necessary for the construction of the above-mentioned
section of Wind Paver Lane
4 The Owner and City hereby acknowledge that the above-mentaoned participation
payments for the right-of-way and construction costs of smd Wind Raver Lane
shall only be disbursed upon full execution and acceptance of development
contracts by the City for the said Wind Raver Lane road project along with the
execution and acceptance by the City of the "Dedication of Property For Public
Use" document for the above-mentioned eighty (80) foot wide Wind Raver Lane
right-of-way dedication
5 OWNER, ITS HEIRS, SUCCESSORS AND ASSIGNS AGREE TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE CITY OF DENTON FROM
AND AGAINST ALL CLAIMS OR LIABILITIES ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT
6 Tlus agreement 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 m Denton County, Texas
7 Ttus agreement constitutes the sole and only agreement of the parties and
supersedes any prior understandmgs or written or oral agreements between the
par~ies respecting the within subject matter
8 Thls agreement shall be filed m the Real Property Records of Denton County and
shall constltutegcovenant running wlth the land
EXECUTED this / day of //~j ,1999
CITY OF DENTON, TEXAS
ATTEST /~nA~SvV ~,,)~TY MANAGER
JENNIFER WALTERS, CITY SECRETARY
Page 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
OWNER WINDJAMMER, LTD
STATE OF TEXAS §
COUNTY OF DENTON §
?'l , Y , g Y , .
on
behalf of said co~oratlon // v //
I t'('~/*l Nota~Ptll~llo, Slate of T~xa~ ~
!__¢:~4i,~ _ 'M~~ Nota~ Pubhc, S~tate of~xas
STATE OF TEXAS §
COUNTY OF DENTON §
was acknowledged before me on the o20~t~- day of '~Y)~r'~ ,
This
instrument
19 ~c~ , by Bob Shelton, General Partner, Windjammer, Ltd
u
Notary Pubh~, Stgte of Texas
~\CH-LGL\VOLl~har~dktoptK.OL\Our Doeumonts\Contr~tsX99\Wmdlammer Contract doc
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