1999-227I*ILE REFERENClg FORM I 99-227I
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AN ORDINANCE APPROVING AN BASEMENT AGREEMENT BETWEEN THE CITY OF
~,ENTON AN~ PA~ ~:OVAR, A'.~,REY DIAN~ SHAW ~ SUSAN ~OVAR SMITH,
REGARDING THE DEFINING OF AN ELECTRIC UTILITIES EASEMENT GRANTED TO
THE CITY FROM A BLANKET BASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF
DENTON FROM BRAZOS ELECTRIC POWER COOPERATIVE, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the City Manager m hereby authorized to execute an Basement
Agreement between the C~ty and Paul Kovar, Audrey Diane Shaw, and Susan Kovar Smith ~n
substantmlly the form of the Easement Agreement which ~s attached to and made a part of this
ordinance for all purposes, for the defimng of an electric unht, es easement granted to the City of
Denton from a blanket easement previously assigned to the Brazos Electrical Power Cooperative
SECTION II That this ordinance shall become effective ~mmedlately upon its passage
and approval
PASSBD AND APPROVED thls the /~--fi~ dayof ~ ,1999
JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
EASEMENT AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
I
GRANT OF EASEMENT
1 THAT WE, PAUL KOVAR, AUDREY DIANE SHAW end SUSAN KOVAR
SMITH, as Grantors, for the sum of TEN AND NO/100 DOLLARS ($10 00), end other good
end valuable consideration to the undersigned paid by the Grentee hereto named, the receipt of
which is hereby acknowledged, have (}RANTED, BARGAINED, SOLD end CONVEYED, end
by these presents do GRANT, BARGAIN, SELL end CONVEY to the CITY OF DENTON,
TEXAS, as Grentee, en easement for the purpose of placing, constructing, operating, repairing,
maintaining, rebmldmg, replacing, relocating, end removing utthty trensmission end d~stnbut~on
lines through end across the following described property, to vat
See attached Exhihit A which is incorporated by reference as if fully set forth hereto
Together vath the free right of regress end egress over end across such property, insofar as such
right of mgrass end egress is necessary for the purposes listed above
2 It is expressly understood that flus easement is gnven as a designation of the
location for the easement previously grented Brazes Electrical Power Cooperative, Inc in the
following documents
1 Easement grented by Arch Brown et ux, recm Volume 384, Page 119, Denton
County, Texas, filed October 20, 1952 - F Curhier Survey, Abst #300, end
assigned to the City of Denton, Texas, By Brazes Electric Power Cooperative,
Inc m a document dated October 23, 1987, end recorded at Vol 2736, Page 825,
Real Property Records, Denton County, Texas
3 The above-described easements assigned to the City of Denton are blanket
easements end chd not describe the area where the chsl~but~on end ~xensmission lines are located
The present record owners of the lend referred to above have requested the City release the area
embraced vathm smd blanket easement m favor of this designation of locaUon as described in
attached Exhibit A The City of Denton, Texas, acting by end through its duly authorized
representative, Michael W Jez, City Menager, does hereby release its claim to smd properties
other than the easement designated hereto end which is described in attached Exhibit A
II
CHARACTER OF EASEMENT
1 The easement granted hereto Is appurtenant to the domment tenement
2 Grantors retain, reserve, and shall continue to enjoy the use of the surface of such
property for any and all purposes which do not interfere with and prevent the use by Grantee of
the easement, including the right to build and use the surface of the hereto granted easement for
drainage d~tchas and private streets, roads, driveways, alleys, walks, gardens, lawns, plentmg or
parking areas and other lflce uses and/or to dechcate all or any part of the surface of the property
affected by this easement to any city for use as a pubhc s~'eet, road or alley
III
DURATION OF EASEMENT
1 The easement, rights, and pnwleges hereto granted shall be perpetual Grantors
hereby brads themselves, their successors, assigns, and legal representatives, to warrant and
forever defend the above described easement and r~ght unto Grantee, ~ts successors and assigns,
against every person whomever lawfully clannmg or to clmm the same or any part hereof
EXCLUSIVENESS OF EASEMENT
1 The easement, rights, and privileges granted harem are exclusive, and Grantors
covenant that they will not convey any other easement or conflicting rights within the area
covered by this grant without written permission
2 Grantee shall have the right to cut and trim trees or shrubbery wluch may
encroach upon the easement area hereto conveyed, and Grantee shall dmpose of all cumngs and
trmunmgs e~ther by pdmg and burning within the easement area or by loading and hauling away
fi'om the premises.
V
~I~MINATION
1 The easement, r~ghts, and privileges granted hereunder shall terminate when, or at
such tune, as the purpose hereof is abandoned by Grantee
2
VI
ENTIRE AGREEMENT
1 Tlus mstrumant contmn~ the enttre agreement between the pames relating to the
rights hereto granted and the obhgat~ons herein assumed Any oral representations or
mochficat~ons concenung tlus instrument shall be of no force and effect excepting a subsequent
mochficatuon m writing, mgned by the party to be charged
VII
BINDING EFFECT
1 Tins Agreement shall brad and inure to the benefit of the respecuve pames, thetr
representatives, successors, and assigns
IN WITNESS WHEREOF, tins instrument ~s executed tins /~--~day of
__~_~ 1999
OWNERS
BY BY
r AODREY D~4E 'SHAW
CITY OF DENTON, TEXAS
BY ~__
~EZ, CITY MANAGER
3
STATE OF TEX~ . ~ ....
COUNTY OF /~l/.L/l-ee-d~~-''
before me on the ]'~ day of ~J
instrument
acknowledged
was
1999, by Paul Kovar
No? LICFORTEXAS
Tl~8 mstrumont w~ acknowledged before me on the I ~'- day of
1999, by Audrey Drone Shaw
FORTEXAS
TIu~ m~trumont was acknowledsed before me on the [ ~ day of"~oG- ,
1999, by Smnn Kovar Srmth
My Commission Explre~
April 19, 2001 NOT~ P~LIC ~ ~ FOR TE~S
~on Exp~es ~ ~( ~- Zoo/
STATE OF TEXAS
COUNTY OF DENTON.
Th~ mstlmment~.,kinowledged before me on the ,
1999 by I,~,ol;~.ol V,' J¢~,'~C'Ii~'Manager of the City of Denton, ]p n,
on behalf of smd corporation
I '~D JENNIFER K WALTERS [[ NC~['I~e{'~ I~BLI{~ IN AN,D FOrR TEXAS
N..,~ re,h,= sm~. oryx. Il Co~mmon~Exptres ~.~//q//~
Deoember 19, 2002
4
Return To
C~ty Of Denton
Engineering & Transportation
221 North Elm Street
Denton, Texas 76201
Attenbon FA~-
EXHIBIT "A"
page 1 of 2
BEING A 100 FOOT ELECTRIC LINE EASEMENT LYING AND BEING SITUATED IN THE F
CURBIER SURVEY, ABSTRACT NUMBER 300, DENTON COUNTY, TEXAS, BEING PART
OF A CALLED 18 2991 ACRE TRACT DESCRIBED IN A DEED TO AUDREY DIANE SHAW,
ET AL, RECORDED UNDER COUNTY CLERKS FILE NUMBER 97-R0085071, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING PART OF TRACTS 1 AND
3, AS DESCRIBED IN ADEED TO PAUL KOVAR, RECORDED IN VOLUME 3124, PAGE 103
REAL PROPERTY RECORDS, DENTON COUN'I~, TEXAS, AND ALSO BEING PART OF A
TRACT DESCRIBED IN A DEED TO PAUL KOVAR, RECORDED IN VOLUME 1 lO?, PAGE
127, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT A FOUND IRON PIN AT THE MOST EASTERN SOUTHEAST CORNER OF
SAID 18 2991 ACRE SHAW TRACT, AND THE SOUTHWEST CORNER OF A TRACT
DEEDED TO DAVID R HUNTER, ET UX, RECORDED IN VOLLrME 4009 PAGE 1370, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 88 DEGREES 45 MINUTES 57 SECONDS EAST, WITH THE SOUTH
BOUNDARY OF SAID DAIVID R HUNTER TRACT, AND THE NORTH BOUNDARY OF
SAID KOVAR TRACT 3, A DISTANCE OF 43 68 FEET TO A CORNER,
THENCE SOUTH 32 DEGREES 50 MINUTES 09 SECONDS WEST, A DISTANCE OF 472 80
FEET TO AN ANGLE POINT FOR CORNER,
THENCE SOUTH 33 DEGREES 20 MINUTES 51 SECONDS WEST A DISTANCE OF 215 58
FEET TO A COR~ER ON THE SOUTH LINE OF SAID KOVAR TRACT RECORDED IN
VOLUME 1107, PAGE 127 DEED RECORDS, DENTON COUNTY, TEXAS AND BEING THE
NORTH LINE OF A TRACT DEEDED TO MYOUNG-S CHOI, ET AL, RECORDED 1N
VOLUME 4100, PAGE 338, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS,
THENCE NORTH 86 DEGREES 26 MINUTES 51 SECONDS WEST, ALONG THE SOUTH
BOUNDARY LINE OF SKID KOVAR TRACT AND THE NORTH LINE OF SAID MYOUNG-S
CHOI TRACT, A DISTANCE OF 115 23 FEET TO A CORNER,
THENCE NORTH 33 DEOREES 20 MINUTES 51 SECONDS EAST, A DISTANCE OF 272 40
FEET TO AN ANGLE POINT FOR CORNER,
THENCE NORTH 32 DEGREES 50 MINUTES 09 SECONDS EAST A DISTANCE OF 552 08
FEET TO A CORNER ON THE EAST LINE OF SAlD SHAW TRACT AND THE WEST LINE OF
SAID HUNTER TRACT,
THENCE SOUTH 01 DEGREES 22 NffNI.YI~S 14 SECONDS WEST ALONG THE EAST
BOUNDARY OF SAID 18 2991 ACRE SHAW TRACT AND THE WEST LINE OF SAID
HUNTER TRACT, A DISTANCE OF 120 30 FEET TO THE POINT OF BEGINNING AND
CONAT1NING IN ALL 1 676 ACRES OF LAND