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HomeMy WebLinkAboutOrdinance No. 688 CITY OF THE COLONY~ TEXAS ORDInAnCE AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS GRANTING TO THE CITY OF FRISCO, TEXAS, THE RIGHT TO CONSTRUCT, RECONSTRUCT, AND PERPETUALLY MAINTAIN SANITARY SEWER UTILITIES UPON AND ACROSS PROPERTY DESCRIBED IN EXHIBIT "A"; FOR AND IN CONSIDERATION OF THE SUM OF TEN DOLLARS ($]0.00); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Frisco desires to construct, reconstruct, and perpetually maintain sanitary sewer utilities upon and across property within the City of The Colony, Texas and more particularly described in Exhibit "A"; and WHEREAS, the City of The Colony for and in consideration of the sum of Ten Dollars ($10.00) cash desires to grant to the City of Frisco, Texas the right to construct, reconstruct, and perpetually maintain sanitary sewer utilities upon and across above named property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section ]. That the City of The Colony for and in consideration of the sum of Ten Dollars ($]0.00) cash paid by the City of Frisco, Texas, do hereby give and grant to the City of Frisco, Texas, the right to construct, reconstruct~ and perpetually maintain sanitary sewer utilities upon and across the property described in Exhibit "A", and the same is attached hereto and made a part of this ordinance. Section 2. That provisions of this ordinance are severable, and should any section, paragraph, sentence, clause, or phrase hereof be declared unconstitutional or void~ ~uch declaration shall not effect any of the remaining portions hereof. Section 3. This ordinance shall take effect immediately upon its passage. PASSED AND APPROVED by the C[~'-Sq Council of the City of The Colony, Texas on this ~M~ day of~ J~ ,199]. ? . ~I~i~m-W.'-Manning, Mayor k~ ATTEST: Patti A. Hicks, City Secretary APPROVED AS TO FORM: City Attorney THE CITY OF FRISCOt TEXAS THE STATE OF TEXAS ~ COUNTY OF COLLIN ~ I/WE, the City of The Colon¥~' for and in consideration of the sum of Ten Dollars ($ 10.00) cash to us 'in hand paid by the City of Frisco, Texas, and other valuable considerations, receipt of which is acknowledged, do hereby give and grant to the City of Frisco, Texas, the right to construct, reconstruct, and perpetually maintain sanitary sewer utilities upon and across the following described property: BEING 30 foot wide strip of land situated in the M. Hunt Survey, Abstract No. 624, and the L.B. Survey Abstract No. 1395, in the City of The Colony, Denton County, Texas, and being part of that 30.37 acre tract conveyed to the City of The Colony, as recorded in Volume 1063, Page 326 of the Deed Records of Denton County, Texas, and being further is described as'-follows: BEGINNING at the southeast corner of a 20.000 acre tract conveyed to the City of the Colony as recorded in Volume 1491, Page 978 of the Deed Records of Denton County, Texas, s~id point also being at an angle iron on the City of Frisco and The Colony Corporate Limits, said point.also being in the north line of said 30.37 acre tract; THENCE South 48047'46'' West, 173.29 feet, to an iron rod set in the east line of an existing utility easement; THENCE South, 39.87 feet, to an iron rod set; THENCE North 48047,46" East, 213.32 feet, to an iron rod set for angle points; THENCE North 0°28'56'' West, 13.07 feet, to an iron rod set on the north line of the said sanitary sewer easement; THENCE West, 30 feet, to the PLACE OF BEGINNING and containing 0.139 acres of land, more or less. IN ADDITION to said 30 foot permanent easement there shall be a temporary 30 foot construction easement along each side of said permanent easement, to expire one(l) year after the execution date of the easement or upon completion of construction, whichever occurs first. TO HAVE AND TO HOLD the same perpetually to the City of Frisco, Texas, and its successors, together with the right and privilege at any and all times to enter said premises, or any part thereof for the purpose of constructing, reconstructing, and maintaining the said sewer utilities, on the condition that the City of Frisco, Texas, and its successors wi'll at all times, after doing any work in connection with construction, reconstruction and repairing of said sewer utilities restore said premises to the condition in which same were found before such work was undertaken and that in the use of said rights and privileges herein granted, the said City of Frisco, Texas, and its sUccessors will not create a nuisance or do any act that will be detrimental to said premises. Page 1 of 2 ACKNOWLEDGEMENT THE STATE OF TEXAS ) COUNTY OF ~ ) BEFORE ME, a Notary Public in and for~ ~ A! 7~ ~D A/ County, Texas, on this day personally appeared. ~1 Ltl ~. ~l[l~/~nown to me to be the person' whose name is subscribed to the foregoing instrument, and acknowledged to me that Wlttl~kW. ~;/O/~ executed the same for the purpose and consideration therein expressed. GI~R MY HAND AND SEAL OF OFFICE THIS the ~/L~ day of NOtary Public, ~/7~A/ County, Texas ~age 2 of 2 ACQUISITION OF EASEMENT FROM THE CITY OF THE COLONY ACREAGE: 30.37 Vol. 1061 326 SEWER SYSTEM IMPROVEMENTS M, L.B. WHITE Abst. 1395 THE CITY OF THE COLONY . . ~ ~ ~ ~ ',N c~2~'5~' w 13.o7' : a ~E COLONY ~ I ~ .~1 ~ ABST. 1395 ' ~. c,~ o. ~E COLONY M. HUNT SURVEY ABST. 624.