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Home My WebLink AboutOrdinance No. 00-1257 ORI( INAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 00- I oq 5~ AN ORDINANCE OF THE CITY OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT REGARDING THE RELOCATION OF AN 18-INCH GAS PIPELINE REQUIRED FOR THE CONSTRUCTION OF THE OFFICE CREEK DRAINAGE CHANNEL IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of the Colony, Texas, is a home-rule municipality in Denton County, Texas; and WHEREAS, the City of the Colony holds certain easement rights on a tract of real property located in the corporate limits of the City; and WHEREAS, the tract is more particularly described in the easement agreement which is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, TXU Gas Company (TXU) is a public utility certified to do business in the State of Texas; and WHEREAS, the conveyance of said easement will facilitate the construction of the Office Creek Drainage Channel Improvement; and WHEREAS, the City Council has determined it is in the public interest to convey certain easement rights to TXU in exchange for good and valuable consideration. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Execution of Agreement. That the Mayor or his designee is hereby authorized to execute on behalf of the City the easement agreement attached hereto as Exhibit "A" and incorporated herein. Section 2. Savings. This Ordinance shall be cumulative of all other ordinances of the City regarding conveyance of easement rights and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 3. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section4. Engrossment and Enrollment. The City Secretary of the City of The Colony is hereby directed to engross and enroll this Ordinance by copying the Caption Clause and Effective Date Clause in the minutes of the City Council and by filing this Ordinance in the ordinance records of the City. Section 5. Effective Date___~_____~. This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED BY the City Council of the City of The Colony, Texas, this the 4th day of December~ 2000. ~tlhl~~~ yor~i m W. Manning, M~a O a · ATTEST: Ruthann Dex)h~i, f)eputy City Secretary APPROVED AS TO FORM: ,~ttomey -//~ ' Line Name: D9 R/W: 41 GAS PIPELINE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY Of DENTON § That for and in consideration often and No/100 Dollars ($10.00) and other good and valuable consideration to The City of The Colony, Texas (herein styled GRANTOR) paid, the receipt of which is hereby acknowledged, the said GRANTOR does hereby GRANT, SELL and CONVEY unto TXU Gas Company (fka ENSERCH Corporation), a corporation, located at 1601 Bryan Street, Dallas, Texas 75201-3411(herein styled GRANTEE), its successors and assigns, a free and unobstructed easement fifty feet (50') in width to construct, inspect, maintain, repair, operate, replace, relocate, change the size of, all within the easement herein described, abandon in place and remove at will, in whole or in part, gas pipelines and appurtenances thereto, cathodic protection equipment and aerial markers over and through the following described land situated in Denton County, State of Texas, to-wit: Being a part of that certain 80.523 acre tract of land, more or less, out of the B.B.B. & C. RR. Co. Survey, Abstract No. 173 more fully described in deed to The City of The Colony, Texas, recorded in Volume 4612, Page 00699, Deed Records of said county, to which reference is made for further description. The easement herein conveyed shall be as described on the Exhibit "A" attached hereto and made a part hereof. GRANTEE shall also be entitled to use an additional twenty-five feet (25') of GRANTOR'S adjacent land and additional land as reasonably necessary at road and creek crossings for construction purposes and this additional right is to terminate upon completion of the initial construction. TO HAVE AND TO HOLD unto said GRANTEE, its successors and assigns, so long as such lines, appurtenances and related facilities thereto shall be maintained, with ingress to and egress from the premises across the adjacent lands of GRANTOR, for the purpose of this grant. GRANTOR shall not interfere with the exercise of GRANTEE'S rights by constructing or permitting to be constructed any permanent building or wall structure upon the easement strip herein conveyed and GRANTOR further agrees not to substantially change the grade on the easement, remove dirt from the surface of the easement or impound water over the easement without prior approval of GRANTEE. GRANTEE hereby agrees to bury all pipe to a sufficient depth so as not to interfere with cultivation of soil and to pay any damages which may arise to growing crops and fences from the construction, maintenance and operation of pipelines and related facilities constructed under the terms of this grant. The consideration received for this easement includes payment for the normal damages caused by the initial construction of the pipeline and its appurtenances. Should more than one pipeline be constructed under this grant at any time, the sum of two dollars per lineal rod for each additional line shall be paid, besides the damages provided above. The consideration first above recited as being paid to GRANTOR by GRANTEE is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto and is further assignable in whole or in part. It is hereby understood that the party securing this grant in behalf of GRANTEE is without authority to make any covenant or agreement not herein expressed. WITNESS THE EXECUTION HEREOF, on this the ~t~Z{. day of ?,~. ~.z. ,.' ~&~-'L , A.D. 2000. GRANTOR: The City of The Colony, Texas BY: ' . .__ ',... t~r"-~/~..~ Patti A. Hicks, City Manager STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned auth ,or.~tyL a Notary Public in and for the State of Texas, on this day personally appeared t' :'~ t-L{ ,~ .(~t ~:. ~ ~ , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. /)GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the .--D - day of , .~ ~.~ .~"~ ~' ~ , A. D. 2000....3 ......_~, i1,~',~.'~ m~...~uc.m~,m ~[ I(~t'ary Public in and for the State of Tex~s ~ ~,~-/ ""-,'..,,,-,, t My Commi~n Expires~ ~/~- z~:o ¢ ~ ~ ~-~.~. ~o,~~ Print Name: ~ ~.~ L.,~,~,~ ~ ~ L(~ THE COLONY NO. 32 CABINET C, P~CE 77 \ " ' 4' ~. --"~,~.Ou ~ ~' ,MEMORIAL P~RK S~TE P.R.D.C.T. ~, 8.g ~.~~'' "., C~INF~_ O. ~A~E 15, 0ELTA=00'45'28" ~ CEu'"A=00'~.7 6" =.~ 3 C.T. C~ORD=N~ 8~0,: 8,,W i' CPC~0=~418'56'&5"w CALLED ~ACT c / GAS PfPE~_INE · ,~M .......... TIlE COLONY NO. 32 qA0tU$~773,00' CABINET C, PAGE 77 ', P./~.0.C.T. ~HO~0-- 5.18-54 31 "~ LOT / ' 6.53' MEMO~A., PARK // C~OrO=N~ 6'~7'38"W ,06 ~~ 51,76' ~- ~-- CALLED TRACT 1 ,__,--- - ....... CL~K'-~E NO. g7-~00~615 LENC-~=225 05' ..... ' C~CRC=N 39'~7'0~"w R.P.R,D.C,T, t ~ ~ c.~ --~- --~ i ~ ] ~ ~ _ ~--,---~" .- ~. ~ ~ ~.~ = ¢- .............. ~-~ ~~' 0 ~ ....... ~ ~ <~ ~- ..... . . . ~. ~R_ SURVEY ~STRA"-'T' O. 172 CITY OF =~F~, ,_ ~'~OLQNY,, DE ,TC: CC, UN-Y,- zXAS TME COLONY NO. ~2 CABINET C, Page 7'7 \ ~ c:)'~- (D c~, r..y , MEMORIAL P,'~RK SITE C2 R A.D,~:~S ,= 7'70.0'0' L~N OTH = !, 46. ~ N 58'12'24'"E CHORO=St3'~ 7'05"E DELTA=I 7'46'56" , .... RADIUS= 720.00' t ',~. -~' LENGTH = 225.4.5' CHOR E)=N08"54'l 4"W 222, 55' _.---- i mO ........ ~ ~S = L ~--------'---- .............. '-'" f°-- ~ < < ._~- ~XHJ~IT A ~.8.9 &:: C. RR. SURVEY, ABSTRACT NO. 175,