HomeMy WebLinkAboutApril 19, 2011 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
April 19, 2011
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, April 19, 2011 at 3:00 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for April 19, 2011.
3. Receive a presentation by President Lane Rawlins from UNT regarding UNT's
Community Engagement Plan in the North Texas Region.
4. Receive a report, hold a discussion, and give staff direction regarding the initial
assessment for redistricting in the City of Denton, redistricting criteria, and guidelines for
redistricting processes and schedules.
5. Receive a report, hold a discussion and give staff direction regarding the allocation of
streets bond fund savings associated with the 2005 Capital Improvement Program.
6. Receive a report, hold a discussion and give staff direction regarding the reallocation of
Capital Improvement Program (CIP) funds approved for the design, property acquisition,
and constriction of entry corridors for Downtown Denton.
7. Receive a report, hold a discussion, and provide staff direction regarding delinquent tax
collection services.
8. Receive a report and hold a discussion on Traffic Operations Study conducted for the
Downtown Implementation Plan.
9. Receive a report, hold a discussion, and provide staff direction on the constriction of a
Landscape Equipment Storage Area building at the Denton Municipal Airport.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
CLOSED MEETING
City of Denton City Council Agenda
April 19, 2011
Page 2
1. Closed Meeting:
A. Certain Public Power Utilities Competitive Matters - Under Texas Government
Code Section 551.086; Consultation with Attorneys - Under Texas Government
Code Section 551.071.
1. Receive a presentation and a status report from staff regarding public
power competitive and financial issues and matters regarding the proposed
Purchase Power Contract regarding the purchase of a portion of the City's
electrical energy requirements and related matters; discuss deliberate,
consider and provide staff with direction regarding same. Receive a
consultation with the City's attorneys regarding legal issues concerning
said proposed Purchase Power Agreement; and discuss, deliberate and
provide the City's attorneys with direction and any recommendations
regarding such legal matter. A public discussion of this legal matter
would conflict with the duty of the City's Attorneys to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
2. Receive a status report and further presentation from staff regarding public
power competitive and financial matters regarding the possible
constriction and installation of a state-of-the-art combined heat and power
(CUP) tri-generation station for the City to be located in the industrial
district in the City of Denton, Texas; discuss deliberate, consider and
provide staff with direction regarding same. Receive a briefing from and a
further consultation with the City's attorneys regarding legal issues
concerning the possible constriction and installation of a combined heat
and power (CUP) tri-generation station for the City in the industrial
district in the City of Denton, Texas; and discuss, deliberate and provide
the City's attorneys with direction and any recommendations regarding
such legal matter. A public discussion of this legal matter would conflict
with the duty of the City's Attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B. Consultation with Attorneys - Under Texas Government Code, Section 551.071;
and Deliberations Regarding Real Property - Under Texas Government Code,
Section 551.072.
1. Discuss, deliberate, and receive information from Staff and provide Staff
with direction pertaining to the acquisition of tracts of real property as
follows: L An approximate 5.922 acre tract of land situated in the John
Davis Survey, Abstract Number 326, the Thomas Tobey Survey, Abstract
Number 1285, and the James Perry Survey, Abstract No. 1040, City of
Denton, Denton County, Texas; IL Easements and Temporary
Constriction, Grading and Access Easements in, on, over, under and
across lands situated in the John Scott Survey, Abstract Number 1222, the
Thomas Toby Survey, Abstract Number 1285, the James Perry Survey,
Abstract Number 1040, and the John Bacon Survey, Abstract Number
1541, City of Denton, Denton County, Texas; and III. Amendments to
City of Denton City Council Agenda
April 19, 2011
Page 3
Electric Utility Easements in, on, over, under and across lands situated in
the E. Puchalski Survey, Abstract Number 996, the James Perry Survey,
Abstract Number 1040, and the Thomas Toby Survey, Abstract Number
1285, City of Denton, Denton County, Texas, all for public purposes;
Consultation with the City's attorneys regarding legal issues associated
with the acquisition or condemnation of the tracts referenced above where
a public discussion of these legal matters would conflict with the duty of
the City's attorneys to the Public Utilities Board under the Texas Rules of
Disciplinary Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any administrative proceedings or potential
litigation.
2. Discuss, deliberate and receive information from Staff and provide Staff
with direction pertaining to the possible acquisition of certain real property
located in the downtown area of Denton, Texas, Denton County, Texas,
including real property located in the H. Cisco Survey, Abstract No. 1184
and in B.B.B. & C.R.R Company Survey, Abstract No. 185. Consultation
with the City's attorneys regarding legal issues associated with the
potential acquisition of the real property referenced hereinabove, where a
public discussion of these legal matters would conflict with the duty of the
City's attorneys to the Denton City Council under the Texas Rules of
Disciplinary Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any potential litigation.
C. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
1. Receive a report and hold a discussion with the City's attorneys regarding
legal issues related to the delinquent tax collection services contract and
provide the City's attorneys with direction. A public discussion of this
legal matter would conflict with the duty of the City's Attorneys to the
client under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
2. Receive a status report regarding the litigation entitled: The University of
North Texas, Appellant v. The City of Denton, Texas, Appellee, Cause
No. 02-09-00395-CV, before the Fort Worth Court of Appeals, reversed
and remanded to the 158th Judicial District Court in and for Denton
County, Texas; and discuss, deliberate and provide the City's attorneys
with direction and any recommendations regarding such legal matter. A
public discussion of this legal matter would conflict with the duty of the
City's Attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
3. Consult with City's attorneys regarding the status and potential settlement
of pending litigation styled Montano, et al. v. City of Denton, Cause No.
2009-60325, currently pending in the 43 1st District Court, Denton County.
City of Denton City Council Agenda
April 19, 2011
Page 4
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER
EXCEPTION-). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U. S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
I. Denton Redbud Festival Day
2. Tree City USA presentation
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
I. Kimberly Truax regarding zoning for residential care home.
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - L). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - L below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
City of Denton City Council Agenda
April 19, 2011
Page 5
A. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board
Cooperative Purchasing Network for the purchase of a Peterbilt Cab/Chassis for
the Solid Waste Recycling program and a Peterbilt Cab/Chassis for Denton
Municipal Electric by way of an Interlocal Agreement with the City of Denton;
and providing an effective date (File 4663-Purchase of Peterbilt Cab/Chassis for
Solid Waste and Denton Municipal Electric awarded to Rush Crane and Refuse
Systems International in the amount of $147,600). The Public Utilities Board
recommends approval (6-0).
B. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board
Cooperative Purchasing Network for the acquisition of twelve vehicles and/or
equipment items for various City of Denton Utility Departments by way of an
Interlocal Agreement with the City of Denton; and providing an effective date
(File 4700-Purchase of Vehicles and Equipment for Utility Fund Departments
awarded to multiple vendors in the amount of $2,119,254.40). The Public
Utilities Board recommends approval (6-0).
C. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the constriction of a Neighborhood Park and
Playground Project for the Preserve at Pecan Creek and Owsley Park; providing
for the expenditure of funds therefor; and providing an effective date (Bid 4653-
awarded to the lowest responsible bidder meeting specification, Redden Concrete,
Inc., in the amount of $320,950).
D. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the constriction of Drainage Improvements for West
Prairie Street; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3516-awarded to the lowest responsible bidder meeting
specification, Floyd Smith Concrete, Inc. in the amount of $150,648.30). The
Public Utilities Board recommends approval (4-0).
E. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Retaining
Wall Materials for constriction of the Third Phase of a Screening Wall at Phase 3,
Cell A at the City of Denton Landfill which is available from only one source in
accordance with the pertinent provisions of Chapter 252 of the Texas Local
Government Code exempting such purchases from the requirements of
competitive bidding; and providing an effective date (File 4702-Purchase of
Retaining Wall Materials for Second Phase of Screening Wall Installation at City
of Denton Landfill awarded to Stone Strong, LLC in the amount of $128,292.50).
The Public Utilities Board recommends approval (6-0).
F. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Software Upgrades to FASTER Fleet Management software and
Annual Maintenance for continued vendor support from only one source in
accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; providing for the expenditure of funds therefor;
City of Denton City Council Agenda
April 19, 2011
Page 6
and providing an effective date (File 4568-Purchase of Software Upgrades and
Annual Maintenance for FASTER Web Software Package awarded to CCG
Systems, Inc. in the amount of $98,000).
G. Consider approval of a resolution authorizing the City Manager, or his designee,
as Denton's authorized representative, to accept on behalf of the City of Denton
an offer from the Texas Department of Transportation (TxDOT) relating to a
grant for engineering and constriction of a ramp area adjacent to the Airport
Terminal at the Denton Municipal Airport; confirming agreement to pay a portion
of the total project cost; and, providing an effective date. The Airport Advisory
Board recommends approval (3-0).
H. Consider adoption of an ordinance authorizing the City Manager, or his designee,
to execute a Contract (herein so called) between the City of Denton, Texas and
Westpark Group, L.P., a Texas limited partnership and Rayzor Investments,
LTD., a Texas limited partnership, contemplating the purchase by the City of
Denton, Texas of (1) an approximate 5.922 acre tract of land situated in the John
Davis Survey, Abstract Number 326, the Thomas Toby Survey, Abstract Number
1285, and the James Perry Survey, Abstract Number 1040, City of Denton,
Denton County, Texas; (I1) Easements and Temporary Constriction, Grading and
Access Easements in, on, over, under and across lands situated in the John Scott
Survey, Abstract 1222, the Thomas Toby Survey, Abstract Number 1285, the
James Perry Survey, Abstract Number 1040, and the John Bacon Survey, Abstract
Number 1541, City of Denton, Denton County, Texas; and (II1) Amendments to
Electric Utility Easements in, on, over, under and across lands situated in the E.
Puchalski Survey, Abstract Number 996, the James Perry Survey, Abstract 1040,
and the Thomas Toby Survey, Abstract Number 1285, City of Denton, Denton
County, Texas, all for public purposes; authorizing the City Manager, or his
designee, to execute, deliver and accept any and all Deeds, Easements, Temporary
Constriction, Grading and Access Easements, Amendments to Electric Utility
Easements, and any other documents necessary to accomplish closing of the
transactions contemplated by the Contract; authorizing the expenditure of funds
therefore; and providing an effective date.
L Consider adoption of an ordinance of the City of Denton, Texas amending
Ordinance No. 2010-226 ("original ordinance"), pertaining to the acquisition
through agreement or eminent domain of variable width sanitary sewer easements
and temporary constriction easements, by replacing certain legal descriptions
contained therein, all being located within Lots 4 and 5, Block 7, College View
Addition, an addition to the City of Denton, Denton County, Texas, according to
the plat thereof recorded in Volume 1, Page 13, Plat Records, Denton County,
Texas; providing that, except for such legal description amendments made to
Attachment "1" of the Original Ordinance, all provisions and findings of the
Original Ordinance shall remain valid and subsisting and in full force and
continuous effect; and providing an effective date.
J. Consider approval of a resolution of the City Council of the City of Denton,
Texas establishing guidelines for persons submitting comments and specific
redistricting proposals; and providing an effective date.
City of Denton City Council Agenda
April 19, 2011
Page 7
K. Consider approval of a resolution of the City Council of the City of Denton,
Texas adopting criteria for use in the redistricting 2011 process; and providing an
effective date.
L. Consider approval of a resolution authorizing the City Manager to submit an offer
to Denton County for the purchase of a 2-acre tract, more or less, of real property
situated in the Hiram Cisco Survey, Abstract No. 1184, Denton County, Texas;
and providing an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance approving an Advance Funding Agreement for
a Project Using Funds Held in the State Highway 121 Subaccount in the amount
of $1,964,500.00 between the City of Denton and the State of Texas for the
design and installation of Intelligent Transportation System Think Lines at
various locations in the City of Denton, authorizing the City Manager or his
designee to execute said Agreement on behalf of the City of Denton; and
declaring an effective date.
B. Continue consideration of an ordinance of the City of Denton, Texas, providing
for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district
classification and use designation to a Neighborhood Residential Mixed Use 12
(NRMU-12) zoning district classification and use designation, with an overlay
district, on approximately 6.836 acres of land located at the northeast corner of
Glenwood Lane and East University Drive (U.S. 380) situated within the J.Q Lilly
Survey, Abstract No. 762, within the City of Denton, Denton County, Texas;
providing for a penalty in the maximum amount of $2,000 for violations thereof,
severability and an effective date. (ZIO-0007, 1111 E. University Dr.) The
Planning and Zoning Commission recommends approval with an overlay district
(3-2). DUE TO MORE THAN 20% OPPOSITION FROM THE LAND AREA WITHIN 200
FEET OF THE REQUEST, A SUPERMAJORITY VOTE (3/4) IS REQUIRED BY THE CITY
COUNCIL TO APPROVE THIS ITEM.
C. Consider appointments to the City Council Airport Committee.
6. PUBLIC HEARINGS
A. Hold the second of two public hearings to consider the voluntary annexation and
Service Plan of approximately 1.148 acres of land located within the City's
Extraterritorial Jurisdiction (ETJ) in accordance with Chapter 43 of the Texas
Local Government Code. The site is located on the west side of Country Club
Road; just north of the Education Center at Denton; between Ryan Road to the
north and Brush Creek Road to the south. The Planning and Zoning Commission
recommends approval (5-0). (A11-0001, Bnrch Property Annexation)
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
City of Denton City Council Agenda
April 19, 2011
Page 8
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of 2011 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Legal Department
CM/DCM/ACM: Anita Burgess, City Attorney
SUBJECT: Receive a report, hold a discussion, and give staff direction regarding the initial
assessment for redistricting in the City of Denton, redistricting criteria, and guidelines for
redistricting processes and schedules.
BACKGROUND: The law firm of Bickerstaff Heath Delgado Acosta LLP has completed their
initial assessment for redistricting inconsideration of the 2010 Census data. Their conclusion is
that a population imbalance exists which will require redistricting of the City Councilmember
Districts. Robert Heath, a partner of the law firm, will be giving a presentation to the Council
concerning the findings of the redistricting assessment and recommendations for the setting of
redistricting criteria and the establishment of redistricting processes.
Respectfully submitted,
r 4 ~
Anita Burgess, City Attorney
Attachments:
1. Report of Initial Assessment
2. Power Point Presentation
S:ALegal\Our DocumentsNiscellaneous\1 I\041911 AIS Redistricting Work Session ltem.doc
Bickerstaff Heath Delgado Acosta LLP
3711 S. Mo1'ac Exluossway Building One, Suite 300 Austin, Texas 787911 (512) 972-8021 Fax (512) 320.5688 mm.hiolco•starr.eom
March 23, 2011
Honorable Mark Burroughs, Mayor
Members of the City Council
City of Denton, Texas
City Hall
215 E. McKinney
Denton, TX 76201
Re: Initial Assessment considering 2010 Census data
Dear Mayor Burroughs and Members of the City Council:
This is the Initial Assessment letter for the City of Denton. Our review of the recently
released 2010 Census population and demographic data for the City shows that the City
councilmember districts are sufficiently out of population balance that you should redistrict, At
the first available opportunity, we are prepared to meet with the City Council to review the Initial
Assessment and to advise the City Council on how to proceed to redistrict the City
councilmember districts to bring them into balance for use in the 2012 election cycle.
This letter presents a brief overview of basic redistricting principles to assist you in
preparing for our presentation on the assessment. We also set out suggested posting language for
the meeting at which the Initial Assessment will be presented in the attachments. Note that this
posting language includes agenda items for the adoption of redistricting criteria and guidelines.
These are matters that should be addressed early in the redistricting process to enable us to
proceed efficiently. We will be working with you to develop the appropriate language for your
adoption of redistricting criteria and guidelines.
There are four basic legal principles that govern the redistricting process: (i) the "one
person-one vote" (equal population) principle; (ii) Section 5 of the Voting Rights Act, requiring
preclearance and applying a "retrogression" standard to minority group populations in specific
districts; (iii) the non-discrimination standard of Section 2 of the Voting Rights Act; and (iv) the
Sha3i, v. Reno limitations on the use of race as a factor in redistricting. These principles are
discussed in detail in the attachments to this letter, which we urge you to read and review
carefully. In addition, we discuss the City's obligation to review and adjust councilmember
districts even though it may not be legally required to do so.
The "One Person - One Vote" Requirement: Whv You Should Redistrict
The "one person-one vote" requirement of the United States Constitution requires that
members of an elected body be chosen from districts of substantially equal population and
applies to city councils. Exact equality of population is not required, but a "total maximum
deviation" of no more than ten percent in total population between the most populated and the
least populated city councilmember district based on the most recent census should be achieved.
This maximum deviation of ten percent constitutes a rebuttable presumption of compliance with
March 23, 2011
Page 2
the one person-one vote requirement. If a city's councilmember districts do not fall within the
ten percent maximum deviation, the city is at substantial risk of being sued for violation of one
person-one vote standards, and it would have little if any defense to the suit.
The population and demographics of all of the current city councilmember districts are
presented in here and in Attachment A.
District
I'et'sotis
Deviation
Hispanic %
o pantal
Population
Non-Hispanic
Anglo %
ofTotal
Populations
Non-hispanic
Black %
of Total
Population
Non-hispanic
Asian %
of'rotai
Population
Non-Hispanic
Other %
of'rotal
Population
1
25,744
-9.50%
27.89°%
46.55%
18.13%
4.34%
3,09%
2
26,774
-5.87%
23.23%
64.89%
7.32%
1.92%
2.65%
3
22,146
-22.14%
18.48%
64.35%
7.86%
6.44%
2.90%
4
39,116
37.51%
17.04%
68.74%
7.71%
3.91%
2.61%
Totals
113,780
21.23%
61.96%
10.01%
4.03%
2.79%
Ideal Size = 113,780 / 4 = 28,445 per district.
Total Maximum Deviation = 37.51% - (22.14%) = 59.66%
Some ercenta es may be subject to rounding error.
The tables in Attachment A show that the total population of the City on April 1, 2010,
was 113,383 persons. This represents an increase in population from 80,537 persons on April 1,
2000, or approximately 40.78 percent. The ideal City councilmember district should now
contain 28,445 persons (total population / 4 districts).
Couneilmember district 4 has the largest population, which is approximately 37.51
percent above the size of the ideal district. District 3 has the smallest population, which is
approximately 22.14 percent below the size of the ideal district. The total maximum deviation
between the four existing City councilmember districts for the City, therefore, is 59.66 percent.
This total maximum deviation exceeds the standard of ten percent that generally has been
recognized by the courts as the maximum permissible deviation. Accordingly, the City should
redistrict to bring its City councilmember districts within the ten percent range permitted by law.
Preclearance under Section 5 of the Votini7 Rights Act: The City's retrogression
benchmark plan
The Voting Rights Act of 1965 has applied to Texas since November 1, 1972. It requires
that all political subdivisions within the state, including Texas cities, submit any proposed voting
changes to the Department of Justice ("DOJ") for preclearance prior to implementation in any
election. DOJ examines any submitted changes to insure that the change does not have a
March 23, 2011
Page 3
"retrogressive" effect on protected minority voters in the political subdivision. Redistricting of
city councilmember districts is a voting change requiring preclearance from DOJ.
In determining if a new plan is retrogressive under Section 5 of the Voting Rights Act
(see Attachment C for a discussion of retrogression and Section 5 requirements), DOJ will
compare the newly adopted plan to the current plan considered in the context of the 2010 Census
data. This is the retrogression "benchmark" which is shown in Attachment A for the City. DOJ
will review any changes made to the current plan by comparing minority voting strength under
the proposed new plan as a whole to that under the benchmark current plan considered as a
whole.
The tables identify District 1 as a "plurality" district, i.e., a district in which no single
racial or ethnic group has a numerical majority of the total population, but it is also a "combined
majority-minority district," i.e., one in which the Hispanic, African-American, and Asian
minority groups together constitute a numerical majority of the total population of those districts.
Changes to these districts should be carefully considered in the context of their current racial and
ethnic makeup to avoid retrogression. The tables identify councilmember district 1 as one where
a retrogression analysis may focus:
District 1 is a "plurality" district, that is, there is no one racial or ethnic group with a
numerical majority of the total population. In this district, 46.55 percent of the total
population is Anglo, 27.89 percent is Hispanic, 18.13 percent is African-American and
4.34 percent is Asian. The corresponding voting age population levels are 51.07 percent
Anglo, 23.39 percent Hispanic, 18.02 percent African-American and 4.82 percent Asian.
Section 2 of the Voting Rights Act: Avoidina discrimination claims
The data in the Population Tables in Attachment A as well as the data in the maps in
Attachment B, which show the geographic distribution of the primary minority groups in the
City, will also be important in assessing the potential for Voting Rights Act Section 2 liability.
(See Attachment C for a discussion of Section 2.)
In redistricting the City councilmember districts, the City will need to be aware of the
legal standards that apply. We will review these principles in detail with the City Council at the
presentation on the Initial Assessment. The process we have outlined for the redistricting
process and the policies and procedures that we are recommending the Council adopt will insure
that the City adheres to these important legal principles and that the rights of protected minority
voters in the political subdivision are accorded due weight and consideration.
Shaw v Reno: Additional equal protection considerations
In the past, local government redistricting had to satisfy both the Section 5 non-retrogression
standard and the Section 2 non-discrimination standard, but, until the 2000 round of redistricting,
the Shaw v. Reno standard had not come into play. In order to comply with sections 2 and 5, the
City must consider race when drawing districts. Shaw, however, limits how and when race can
March 23, 2011
Page 4
be a factor in the districting decisions. Thus, local governments must walk a legal tightrope,
where the competing legal standards must all be met. The Sha", v. Reno standard requires that
there be a showing that (1) the race-based factors were used in furtherance of a "compelling state
interest" and (2) their application be "narrowly tailored," that is, they must be used only to the
minimum extent necessary to accomplish the compelling state interest. We will guide the City
through proper application of this principle.
At the initial assessment presentation we will recommend certain guidelines that the City
may wish to adopt to ensure fair and adequate public participation in the redistricting process.
We will also recommend certain criteria that the City may require all redistricting plans to
follow. These criteria generally track the legal principles that the courts and DOJ have found to
be appropriate elements in sound redistricting plans. Once redistricting guidelines and criteria
are adopted and the City Council gives instructions about how it would like plans to be
developed considering this Initial Assessment and the applicable legal standards, we can begin to
assist the City in the development of plans for your consideration.
We hope this Initial Assessment discussion is helpful to you and that it will guide the
City Council as it executes the redistricting process. We look forward to meeting with the
Council to review the assessment and to answer any questions you may have concerning any
aspect of that process. Please feel free to call me in the interim as we prepare for the
presentation and let me know if there is any additional information you may require.
Sincerely,
Z&ft..Q
David Mendez
Encl.
ATTACHMENT A
INITIAL ASSESSMENT POPULATION TABLES
City of Denton
Initial Assessment - Benchmark
2010 Census Total and Voting Age Population
His anic %
Non-Hispanic
Non-Hispanic
Non-Hispanic
Non-Hispanic
District
Persons
Deviation
of Total
Anglo %
Black %
Asian %
Other %
Population
of Total
of Total
of Total
of Total
Population
Population
Population
Population
1
25,744
-9.50%
27.89%
46.55%
18.13%
4.34%
3,09%
2
26,774
-5.87%
23.23%
64.89%
7.32%
1.92%
2.65%
3
22,146
-22.14%
18.48%
64.35%
7.86%
6.44%
2.90%
4
39,116
37.51%
17.04%
68.74%
7.71%
3.91%
2,61%
Totals
113,7801
1
21.23%
61.96%
10.01%
4.03%
2.79%
Ideal Size = 113,780 / 4 = 28,445 per district.
Total Maximum Deviation = 37.51% • (-22.14%) = 59.66%
Some percentages may be subject to rounding error.
District
Total VAP*
Hispanic %
of Total VAP
Non-Hispanic
Anglo %
of Total VAP
Non-Hispanic
Black %
of Total VAP
Non-Hispanic
Asian %
of Total VAP
Non-Hispanic
Other %
of Total VAP
1
21,319
23.39%
51.07%
18.02%
4.82%
2.70%
2
20,017
19.01%
69.72%
7.12%
2.08%
2.06%
3
18,999
16.29%
67.18%
7.65%
6.28%
2.60%
4
30,132
14.47%
71.89%
7.53%
4,01%
2.11%
Totals
90,467
17.96%
65.51%
9.94%
4.25%
2.34%
Age Population
centages may be subject to rounding error.
3/13/2011
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ATTACHMENT
MAPS
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Current City Council Districts - Benchmark
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City Council Districts
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1
Legend
Current City Council Districts - Benchmark
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Percent Hispanic
- -10% - 20%
121%-40%
141%-50%
51% - 60%
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Percent Asian
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ATTACHMENT C
LEGAL PRINCIPLES
LEGAL PRINCIPLES GOVERNING THE REDISTRICTING PROCESS
There are four basic legal principles that govern the redistricting process: (i) the "one
person-one vote" (equal population) principle; (ii) Section 5 of the Voting Rights Act,
requiring preclearance and applying a "retrogression" standard to minority group populations
in specific districts; (iii) the non-discrimination standard of Section 2 of the Voting Rights
Act; and (iv) the Shaw v. Reno limitations on the use of race as a factor in redistricting.
The terminology of redistricting is very specialized and includes terms that may not
be familiar, so we have included as Attachment D to this Initial Assessment letter a brief
glossary of many of the commonly-used redistricting terms.
The "One Person - One Vote" Requirement: Why You Redistrict
The "one person, one vote" requirement of the United States Constitution requires
that members of an elected body be drawn from districts of substantially equal population.
This requirement applies to the single-member districts of "legislative" bodies such as
commissioners courts and other entities with single-member districts such as school boards
or city councils.
Exact equality of population is not required for local political subdivisions. However,
they should strive to create districts that have a total population deviation of no more than 10
percent between their most populated district and the least populated district. This 10 percent
deviation is usually referred to as the "total maximum deviation." It is measured against the
"ideal" or target population for the governmental entity based on the most recent census. The
10% standard is a rebuttable presumption of compliance with the one person-one vote
requirement.
A governing body is therefore required to determine whether the populations of its
single-member districts (including school board single-member trustee districts) are within
this 10 percent balance based on 2010 Census population data. If the population deviation
among the districts exceeds the permissible 10 percent total maximum deviation, the entity
must redistrict, that is, redraw the boundaries of the individual districts so that the total
populations of all the new districts are within the permissible 10 percent limit. A
hypothetical example of how deviation is calculated is given in. Attachment E.
The Department of Justice (DOJ) is the federal agency charged with reviewing and
approving changes in election law, such as redistricting, under Section 5 of the Voting Rights
Act, DOJ will use the Census Bureau's recently released population data for the 2010
Census in its analysis of redistricting plans - the so-called "PL 94-171" data. Although
several types of population data are provided in the PL 94-171 files, redistricting typically is
based upon total population.
Official census data should be used unless the governmental entity can show that
better data exists. The court cases that have dealt with the question have made it clear that
the showing required to justify use of data other than census data is a very high one,
impossibly high at a time so close to the release of new census data. As a practical matter,
therefore, we recommend that entities use the 2010 Census data in their redistricting
processes. We have based the Initial Assessment on PL 94-171 total population data; the
relevant data are summarized in Attachment A.
In the redistricting process, each governmental entity will use a broad spectrum of
demographic and administrative information to accomplish the rebalancing of population
required by the one person-one vote principle. The charts provided with this report not only
show the total population of the entity but also give breakdowns of population by various
racial and ethnic categories for the entity as a whole and also for each single-member district.
Census geographry
These single-mernber population data are themselves derived from population data
based on smaller geographical units. The Census Bureau divides geography into much
smaller units called "census blocks." In urban areas, these correspond roughly to city blocks.
In more rural areas, census blocks may be quite large. Census blocks are also aggregated
into larger sets called "voting tabulation districts" or "VTDs" which often correspond to
county election precincts.
For reasons concerning reducing the potential for Shaw v. Reno-type liability,
discussed below, we recommend using VTDs as the redistricting building blocks where and
to the extent feasible. In many counties this may not be feasible.
Census racial and ethnic categories
For the 2010 Census, the Census Bureau recognized 126 racial and ethnic categories
and collected and reported data based on all of them. Many of these categories include very
few persons, however, and will not therefore have a significant impact on the redistricting
process. The charts that accompany this report include only eight racial and ethnic categories
that were consolidated from the larger set. All of the population of the entity is represented
in these charts. These eight categories are the ones most likely to be important in the
redistricting process.
The 2010 Census listed six racial categories. Individuals were able to choose a single
race or any combination of races that might apply. Thus, there are potentially 63 different
racial combinations that might occur. Additionally, the Census asks persons to designate
whether they are or are not Hispanic. When the Hispanic status response is overlaid on the
different possible racial responses, there are 126 possible different combinations. The
Census tabulates each one separately.
If this information is to be usable, it roust be combined into a smaller number of
categories (of course, having the same overall population total). For purposes of determining
the preclearance retrogression benchmark, discussed below, DOJ indicated in a guidance
document issued on January 18, 2001 that it would use the following rules for determining
Hispanic and race population numbers from the 2010 Census data, for purposes of
performing the retrogression analysis:
persons who selected "Hispanic" are categorized as Hispanic, no matter what race
or races they have designated; all others will be classified as non-Hispanic of one or
more races; e.g., Hispanic-White and Hispanic-African-Ain eri can are both classified
as Hispanic;
persons who did not select "Hispanic" and who designated a single race will be
classified as members of that race; e.g., White, African-American, Asian, etc.
persons who did not select "Hispanic" and who designated themselves as
belonging to a single minority race and as White will be classified as members of the
minority race; e.g., Asian+White will be classified as Asian; and
persons who did not select "Hispanic" and who designated themselves as
belonging to more than one minority race will be classified as "other multiple race;"
e.g., White+Asian+Hawaiian or African-American+Asian. This category is expected
to be small.
We will also consider data called "voting age population" (or "VAP") data. It is
similarly classified in eight racial and ethnic categories. This information is provided for the
limited purpose of addressing some of the specific legal inquires under the Voting Rights Act
that are discussed below. Voting age population is the Census Bureau's count of persons
who identified themselves as being eighteen years of age or older at the time the census was
taken (i. e,, as of April 1, 2010).
In addition to this population and demographic data, the entity will have access to
additional information that may bear on the redistricting process, such as county road miles,
facility locations, registered voter information, incumbent residence addresses, etc.
Section 5 Of The Voting Rights Act - Preclearance
Preclearance require
d
Section 5 of the Voting Rights Act, 42 U.S.C. § 1973e, requires all "covered
jurisdictions" identified in the applicable Department of Justice (DOJ) regulations to
"preclear" any changes to voting standards, practices, or procedures before they may become
legally effective. Texas is a "covered jurisdiction," so all local governrnents in the state, as
well as the State itself, are required to preclear any voting change, including their
redistricting plan. This includes changes to any single-member district lines (including
school board trustee district lines). Section 5 applies not only to changes in single-member
district lines but also to changes in election precincts and in the location of polling places.
Counties should note that Section 5 applies not only to commissioners' precincts, but also to
JP and Constable precincts, even though these latter are not subject to the one person-one
vote requirement (since these are not "representative," i.e,, "legislative" officials).
Preclearance may be accomplished in either of two ways: by submitting the
redistricting plan to DOJ for its examination and preclearance, or by obtaining a declaratory
judgment from a special three-judge federal district court in the District of Columbia,
Submission to DOJ is by far the most common, and usually substantially faster and less
expensive, method chosen for obtaining preclearance.
Discriminator'v Purpose and Retrogressive Effect are the preclearance standards
Section 5 review involves a two pronged analysis. DOJ must determine if the plan
has either a discriminatory purpose or a retrogressive effect. In the 2001 round of
redistricting, the purpose inquiry was limited to whether the plan had a retrogressive purpose.
The 2006 amendments to the Voting Rights Act; however, expanded the analysis to reach
any discriminatory purpose. In determining whether a plan was adopted with a
discriminatory intent DOJ may look at evidence such as (1) the impact of the plan, (2) the
historical background of the decision, (3) the sequence of events leading up to the decision,
(4) whether the decision departs, either procedurally or substantively, form the normal
practice, and (5) contemporaneous statements and viewpoints of the decision-makers,
The second prong of the analysis involves retrogressive effect. The issue there is
whether the net effect of the plan would be to reduce minority voters' ability to elect their
preferred candidates when the plan is compared to the prior benchmark plan. In other words,
does the new districting plan result in a reduction of the minority group's ability to elect?
DOJ's retrogression benchmark
To determine if retrogression exists, it is necessary to compare a proposed plan
against a benchmark. Typically, that benchmark is the local subdivision's prior district
boundary plan, but considered using the new 2010 Census population and demographic data.
DOJ will compare the proposed new redistricting plan as a whole to the benchmark plan as a
whole in conducting its retrogression analysis.
Voting age population data ("VAP") is the Census Bureau's count of persons who
identified themselves as being eighteen years of age or older at the time the census was taken
(i.e,, as of April 1, 2010). It is a measure of the number of people old enough to vote if they
are otherwise eligible to do so. Since the retrogression inquiry focuses on whether a minority
group's overall voting strength has been reduced, and VAP is a more direct measure of
voting strength than total population, VAP should be considered in the retrogression analysis,
not just total population. Citizen voting age population ("CVAP") data may also be
important but may need to be developed.
In combination with a balanced consideration of the other applicable redistricting
criteria, the entity's governing body will need to consider the effects of any changes to the
benchmark measures that its proposed plan produces.
Because of changes in population and the need to comply with one person-one vote
principles, sometimes it may be impossible to avoid drawing a retrogressive plan. If an
entity submits a retrogressive redistricting plan, the burden will be on the governmental
entity to show DOJ that a less retrogressive plan could not reasonably have been drawn,
Guidance Concerning Redistricting Under Section 5 of the Voting Rights Act, 42 U.S.C.
1973c, 76 Fed. Reg. 7470 (2011). That should be a consideration in the redistricting process,
while still considering the other redistricting criteria that are adopted.
Section 2 Of The Voting Rights Act - No Discrimination Against Minority Groups
Section 2 of the Voting Rights Act forbids a voting standard, practice or procedure
from having the effect of reducing the opportunity of members of a covered minority to
participate in the political process and to elect representatives of their choice. In practical
terms, this non-discrimination provision prohibits districting practices that, among other
things, result in "packing" minorities into a single district in an effort to limit their voting
strength. Also, "fracturing" or "cracking" minority populations into small groups in a
number of districts, so that their overall voting strength is diminished, can be discrimination
under Section 2. There is no magic number that designates the threshold of packing or
cracking. Each plan must be judged on a case-by-case basis.
Although the Supreme Court has recently made clear that the Department of Justice
may not consider Section 2 standards in determining whether to preclear a redistricting plan
under Section S, that does not mean that the governmental body should ignore Section 2
requirements, They apply to the redistricting plan regardless of whether DOJ may legally
consider them in the preclearance analysis. Failure to consider them adequately could risk
litigation brought by a member of a protected minority group, or even by DOJ.
The Supreme Court has defined the minimum requirements for a minority plaintiff to
bring a Section 2 lawsuit. There is a three-pronged legal test the minority plaintiff must
satisfy: a showing that (1) the minority group's voting age population is numerically large
enough and geographically compact enough so that a district with a numerical majority of the
minority group can be drawn (a "majority minority district); (2) the minority group is
politically cohesive, that is, it usually votes and acts politically in concert on major issues;
and (3) there is "polarized voting" such that the Anglo majority usually votes to defeat
candidates of the minority group's preference. Thornburg v. Gingles, 478 U.S. 30 (1986). In
the federal appellate Fifth Circuit, which includes Texas, the minority population to be
considered is citizen voting age population, In certain cases, a minority group may assert that
Section 2 requires that the governmental body draw a new majority minority district. The
governing body must be sensitive to these Section 2 standards as it redistricts.
In considering changes to existing boundaries, a governmental entity must be aware
of the location of protected minority populations within its single-member districts for the
purpose of ensuring that changes are not made that may be asserted to have resulted in
"packing," or in "fracturing" or "cracking" the minority population for purposes or having
effects that are unlawful under Section 2. The thematic maps included in Attachment B
depict the locations of Hispanic and African-American population concentrations by census
block; they are useful in addressing this issue. Voting age population (VAP) data is useful in
measuring potential electoral strength of minority groups in individual districts,
Shaw v. Reno Standards - Avoid Using Race
as the Predominant Redistricting Factor
In the past, local government redistricting had to satisfy both the Section 5 non-
retrogression standard and the Section 2 non-discrimination standard, but the Shaw v. Reno
standard had not yet come into play, In this current round of redistricting, local governments
have a harder task than they did in the past. The Shaw standard applies now as well as the
Section 2 and Section 5 standards, While satisfying Section 5 and Section 2 standards
require a local government to explicitly consider race to comply with these standards, Shaw
places strict limits on the manner and degree in which race may be a factor. In effect,
therefore, local governments must walls a legal tightrope, where the competing legal
standards must all be met.
In the Shaw v, Reno line of cases that began in 1993, the Supreme Court applied the
Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution to
redistricting plans. Where racial considerations predominate in the redistricting process to
the subordination of traditional (non-race-based) factors, the use of race-based factors is
subject to the "strict scrutiny" test. To pass this test requires that there be a showing that (1)
the race-based factors were used in furtherance of a "compelling state interest" and (2) their
application be "narrowly tailored," that is, they must be used only to the minimum extent
necessary to accomplish the compelling state interest.
Complying with sections 2 and 5 are compelling state interests. Thus, the following
principles emerge in the post-Shaw environment to guide the redistricting process:
race may be considered;
but race may not be the predominant factor in the redistricting process to the
subordination of traditional redistricting principles;
bizarrely shaped districts are not unconstitutional per se, but the bizarre shape may
be evidence that race was the predominant consideration in the redistricting process;
if race is the predominant consideration, the plan may still be constitutional if it is
"narrowly tailored" to address compelling governmental interest such as compliance
with the Voting Rights Act; and
if a plan is narrowly tailored, it will use race no more than is necessary to address
the compelling governmental interest,
The better course, if possible under the circumstances, is that racial considerations not
predominate to the subordination of traditional redistricting criteria, so that the difficult strict
scrutiny test is avoided.
Adherence to the Shaw v. Remo standards will be an important consideration during
the redistricting process. One way to minimize the potential for Shaw v, Reno liability is to
adopt redistricting criteria that include traditional redistricting principles and that do not
elevate race-based factors to predominance,
Adoption of Redistricting Criteria
Adoption of appropriate redistricting criteria - and adherence to them during the
redistricting process - is potentially critical to the ultimate defensibility of an adopted
redistricting plan. Traditional redistricting criteria that the governing body might wish to
consider adopting include, for example:
use of identifiable boundaries
using whole voting precincts, where possible and feasible; or, where not feasible,
being sure that the plan lends itself to the creation of reasonable and efficient voting
precincts
maintaining communities of interest (e.g., traditional neighborhoods)
basing the new plan on existing districts;
adopting districts of approximately equal size;
drawing districts that are compact and contiguous;
keeping existing representatives in their districts; and
narrow tailoring to comply with the Voting Rights Act.
There may be other criteria that are appropriate for an individual entity's situation, but all
criteria adopted should be carefully considered and then be followed to the greatest degree
possible. A copy of a sample criteria adoption resolution is provided as Attachment F. You
may wish to include additional criteria, or determine that one or more on that list are not
appropriate. We will discuss with you appropriate criteria for your situation.
Requirements for Plans Submitted by the Public
You should also consider imposing the following requirements on any plans proposed
by the public for your consideration: (1) Any plan submitted for consideration must be a
complete plan, that is, it must be a plan that includes configurations for all trustee districts
and not just a selected one or several. This is important because, although it may be possible
to draw a particular district in a particular way if it is considered only by itself, that
configuration may have unacceptable consequences on other districts and make it difficult or
impossible for an overall plan to comply with the applicable legal standards. (2) Any plan
submitted for consideration must follow the adopted redistricting criteria.
ATTACHMENT
GLSSAR Z
GLOSSARY
Census blocks, census block groups, census VTDs, census tracts - Geographic areas of
various sizes recommended by the states and used by the Census Bureau for the collection
and presentation of data.
Citizen voting age population (CVAP) - Persons 18 and above who are citizens, This is a
better measure of voting strength than VAP; however, the relevant citizenship data will need
to be developed.
Compactness - Having the minimum distance between all parts of a constituency.
Contiguity - All parts of a district being connected at some point with the rest of the district.
Cracking - The fragmentation of a minority group among different districts so that it is a
majority in none. Also known as "fracturing,"
Fracturing - See "cracking."
Homogeneous district - A voting district with at least 90 percent population being of one
minority group or of Anglo population.
Ideal population - The population that an ideal sized district would have for a given
jurisdiction. Numerically, the ideal size is calculated by dividing the total population of the
political subdivision by the number of seats in the legislative body.
Majority minority district- Term used by the courts for seats where an ethnic minority
constitutes a numerical majority of the population.
One person, one vote - U.S. Constitutional standard articulated by the U.S. Supreme Court
requiring that all legislative districts should be approximately equal in size.
Packing A teen used when one particular minority group is consolidated into one or a
small number of districts, thus reducing its electoral influence in surrounding districts.
Partisan gerrymandering - The deliberate drawing of district boundaries to secure an
advantage for one political party.
PL 94-171 - The Public Law that requires the Census Bureau to release population data for
redistricting. The data must be released by April 1, 2011, is reported at the block level, and
contains information on:
• Total population
• Voting age population
• By Race
0 By Hispanic origin
Racial gerrymandering - The deliberate drawing of district boundaries to secure an
advantage for one race,
Section 2 of the Voting Rights Act - The part of the federal Voting Rights Act that protects
racial and language minorities from discrimination in voting practices by a state or other
political subdivision,
Section 5 of the Voting Rights Act - The part of the federal Voting Rights Act that requires
certain states and localities (called "covered jurisdictions") to preclear all election law
changes with the U.S. Department of Justice ("DOJ") or the federal district court for the
District of Columbia before those laws may take effect.
Shaw v. Reno The first in a line of federal court cases in which the U.S. Supreme Court
held that the use of race as a dominant factor in redistricting was subject to a "strict scrutiny"
test under the Equal Protection Clause of the Fourteenth Amendment of the U.S.
Constitution. This case and the line of Supreme Court cases that follows it establishes that
race should not be used as a predominant redistricting consideration, but if it is, it must be
used only to further a "compelling state interest" recognized by the courts and even then
must be used only as minimally necessary to give effect to that compelling state interest
("narrow tailoring").
Spanish surnamed registered voters (SSRV) - The Texas Secretary of State publishes
voter registration numbers that show the percentage of registered voters who have Spanish
surnames. It is helpfiil to measure Hispanic potential voting strength, although it is not exact.
Total population - The total number of persons in a geographic area. Total population is
generally the measure used to determine if districts are balanced for one person, one vote
purposes.
Voting age population (VAP) - The number of persons aged 18 and above. DOJ requires
this to be shown in section 5 submissions, It is used to measure potential voting strength.
For example, a district may have 50 percent Hispanic total population but only 45 percent
Hispanic voting age population.
Voter tabulation district (VTD) - A voting precinct drawn using census geography. In
most instances, especially in urban areas, VTDs and voting precincts will be the same, In
rural areas, it is more likely they will not be identical.
ATTACHMENT E
HYPOTHETICAL POPULATION DEVIATION CALCULATION
Hypothetical Population Deviation Calculation
Consider a hypothetical political subdivision with four districts and a total population
of 40,000. The "ideal district" for this political subdivision would have a population of
10,000 (total population / number of districts). This is the target population for each district.
The deviation of each district is measured against this ideal size.
Suppose the latest population data reveals that the largest district, District A, has
11,000 inhabitants. The deviation of District A from the ideal is thus 1000 persons, or 10
percent. Suppose also that the smallest district, District D, has 8000 inhabitants; it is
underpopulated by 2000 persons compared to the ideal size. It thus has a deviation of -20
percent compared to the ideal size. The inaximum total deviation is thus 30 percent. Since
this is greater than the 10 percent range typically allowed by the courts for one person-one
vote purposes, this hypothetical subdivision must redistrict in order to bring its maximum
total deviation to within the legally permissible limits,
The following table illustrates this analysis:
District Ideal district
District totar mop.
Difference
Deviation
A 10,000
11,000
1000
+ 10,0 percent
B 10,000
10,750
750
+ 7.5 percent
C 10,000
10,250
250
+ 2.5 percent
D 10,000 8,000 - 2000 - 20.0 percent
Totals: 40,000 40,000 net= 0 net= 0 percent
Total maximum deviation = difference between most populous and least populous districts = 10
percent + 20 percent = 30 percent.
ATTACHMENT F
ILLUSTRATIVE REDISTRICTING CRITERIA RESOLUTION
s:Alegal\our documents\resolutions\11\redist 2011 city of denton resolution adopting criteria (00512706) (2) 041111. doex
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ADOPTING CRITERIA FOR USE IN THE REDISTRICTING 2011 PROCESS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has certain responsibilities for redistricting under federal
and state law, including but not limited to, Amendments 14 and 15 to the United States
Constitution, U.S.C.A. (West 2006) and the Voting Rights Act, 42 U.S.C.A. § 1973, et seq.
(West 2010); and Tex. Gov't Code Ann. 2058.001 and 2058.002 (Vernon 2008); and
WHEREAS, the City Council has certain responsibilities for redistricting under the City
Charter; and
WHEREAS, on review of the 2410 Census data, it appears that a population imbalance
exists requiring redistricting of the City Councilmember Districts; and
WHEREAS, it is the intent of the City to comply with the Voting Rights Act and with all
other relevant law, including Shaw v. Reno jurisprudence; and
WHEREAS, a set of established redistricting criteria will serve as a framework to guide
the City in the consideration of redistricting plans; and
WHEREAS, established criteria will provide the City a means by which to evaluate and
measure proposed plans; and
WHEREAS, redistricting criteria will assist the City in its efforts to comply with all
applicable federal and state laws; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton, Texas, in its adoption of a redistricting plan for City
Councilmember Districts, will adhere to the following criteria:
1. Where possible, easily identifiable geographic boundaries should be followed.
2. Communities of interest should be maintained in a single district, where possible,
and attempts should be made to avoid splitting neighborhoods.
3. To the extent possible, districts should be composed of whole voting precincts.
Where this is not possible or practicable, districts should be drawn in a way that
permits the creation of practical voting precincts and that ensures that adequate
facilities for polling places exist in each voting precinct.
4. Although it is recognized that existing districts will have to be altered to reflect
new population distribution, any redistricting plan should, to the extent possible,
be based on existing districts.
5. Districts must be configured so that they are relatively equal in total population
according to the 2010 federal census. In no event should the total deviation
between the largest and the smallest district exceed ten percent.
sAlegal\our documents\resolutions\l I\redist 2011 city of Benton resolution adopting criteria (00512706) (2) 04111 Ldocx
6. The districts should be compact and composed of contiguous territory.
Compactness may contain a functional, as well as a geographical dimension.
7. Consideration may be given to the preservation of incumbent-constituency
relations by recognition of the residence of incumbents and their history in
representing certain areas.
8. The plan should be narrowly tailored to avoid retrogression in the position of
racial minorities and language minorities as defined in the Voting Rights Act with
respect to their effective exercise of the electoral franchise.
9. The plan should not fragment a geographically compact minority community or
pack minority voters in the presence of polarized voting so as to create liability
under section 2 of the Voting Rights Act, 42 U.S.C.A. § 1973.
SECTION 2. The City Council will review all plans in light of these criteria and will
evaluate how well each plan conforms to the criteria.
SECTION 3. Any plan submitted to the City Council by a citizen for its consideration
should be a complete plan-i.e., it should show the full number of City Councilmember Districts
and should redistrict the entire District. The City Council may decline to consider any plan that
is not a complete plan.
SECTION 4. All plans submitted by citizens, as well as plans submitted by staff,
consultants, and members of the City Council should conform to these criteria.
SECTION 5. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
sAlegakour documents\res01uti0ns\11\redist 2011 city of denton resolution adopting guidelines (00512707) (2) 04111 Ldocx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING COMMENTS AND
SPECIFIC REDISTRICTING PROPOSALS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has certain responsibilities for redistricting under federal
and state law including, but not limited to, Amendments 14 and 1.5 to the United States
Constitution, U.S.C.A. (West 2006) and the Voting Rights Act, 42 U.S.C.A. § 1973, et seq.
(West 2003); and Tex. Gov't Code Ann. 2058.001 and 2058.002 (Vernon 2008); and
WHEREAS, the City Council has certain responsibilities for redistricting under the City
Charter; and
WHEREAS, it is necessary to provide for the orderly consideration and evaluation of
redistricting plans which may come before the City Council; and
WHEREAS, these guidelines relate to persons who have specific redistricting plans they
wish the City Council to consider; and
WHEREAS, the City Council welcomes any comments relevant to the redistricting
process; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. In order to make sure that any plan that might be submitted is of maximum
assistance to the City Council in its decision making process, the City Council hereby sets the
following guidelines:
I . Proposed plans must be submitted in writing and be legible. If a plan is submitted
orally, there is significant opportunity for misunderstanding, and it is possible that
errors may be made in analyzing it. The City Council wants to be sure that all
proposals are fully and accurately considered.
2. Any plan must show the total population and voting age population for Blacks,
Hispanics, Asians, and Anglo/other for each proposed City Council district based
on 2010 Census Data. If a plan is submitted without a population breakdown, the
City Council may not have sufficient information to give it full consideration.
3. Plans should redistrict the entire City of Denton. The City Council will be
considering the effect of any plan on the entire City. Also, the City Council is
subject to the Voting Rights Act, which protects various racial and language
minorities. Thus, as a matter of federal law, the City Council will be required to
consider the effect of any proposal on multiple racial and ethnic groups. If a plan
does not redistrict the entire city, it may be impossible for the City Council to
assess its impact on one or more protected minority groups.
sAlegakour doe umentsVesolutions\1 1Vedist 2011 city of denton resolution adopting guidelines (00512707) (2) 041111. docx
4. Plans should conform to the criteria the City Council will be using in drawing the
Councilmember Districts.
5. Comments must be submitted in writing and be legible, even if the person also
makes the comments orally at a public hearing.
6. Persons providing comments and those submitting proposed plans must identify
themselves by full name, home address, provide a phone number and, if available,
an email address. The City Council may wish to follow up on such comments or
obtain additional information about submitted plans.
7. All comments and proposed plans must be submitted to the City Council by the
close of the public hearing.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of a 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Streets
ACM: Howard Martin, 349-8232 - ' '
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the allocation of streets
bond fund savings associated with the 2005 Capital Improvement Program.
BACKGROUND
The Street Reconstruction portion of the bond program is nearing completion. There were a total
of 41 street segments identified for reconstruction; we have three streets remaining to complete
the bond program (Exhibit 3). One of the projects will be discussed with the Oversight
committee today. One project will be coordinated with the Hwy 380 widening project. The
original plan for the streets reconstruction projects was to contract outside for the majority of the
work. Early on in the bond program we realized that the approximate doubling of asphalt prices
that occurred in association with hurricane Katrina would cause cost overruns on these projects.
As a result staff elected to do most of the reconstruction with internal forces. Currently, we are
estimating a savings of approximately $2.5 million on the streets reconstruction program.
One project which has changed significantly, and is currently on hold, is the Bonnie Brae project
from Scripture to W. Oak. In 2003 when many of the CIP projects were identified some of the
large constriction projects on the west side of town were not on the radar screen.
The following projects are currently under constriction or design:
Rayzor Ranch
North South Water Transmission Line
UNT Football Stadium
Bonnie Brae Widening South of I-35
Extensive reconstruction work will be necessary when these projects are completed on sections
of Bonnie Brae from US 380 to I-35E.
Due to the issues previously described, staff is recommending that these available dollars from
the CIP program be utilized to reconstruct sections of Bonnie Brae south of Hwy 380 to
Scripture Road and a portion of Bonnie Brae from Scripture to Oak Street. Engineering is
working on costs estimates for the Bonnie Brae Project. Phasing of the project will be
coordinated with the timing of the NS Waterline phase I and II.
OPTIONS
1. Allocate G.O. bond fund savings to Bonnie Brae reconstruction.
2. Identify other roadway projects for reconstruction.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
CIP Oversight Committee Meeting on March 11, 2011, Member Woolfolk moved for the
committee to allow the movement of the savings money over to the Bonnie Brae project with the
specific instructions to authorize the engineering and once that is complete to come back for
authorization on the rest of the money. Member Mohelnitzky seconded the motion, the vote was
4-0 approved.
RECOMMENDATIONS
Staff recommends allocating GO Bond savings to Bonnie Brae.
EXHIBIT
1. Minutes from CIP Meeting 3/11/11
Respectfully submitted:
Jim Coulter
Director of Water Utilities
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DRAFT MINUTES
CITIZENS ADVISORY OVERSIGHT COMMITTEE
March 11, 2011
After determining that a quorum of the Citizens Advisory Oversight Committee of the City of
Denton, Texas was present, the Chair of the Citizens Advisory Oversight Committee thereafter
convened into an Open Meeting on March 11, 2011 at 9:00 a.m. in the City Council Work
Session room, 215 E. McKinney Street, Denton, Texas.
Present: Chair Randy Robinson, Roni Beasley, Jerry Mohelnitzky, and Rick Woolfolk
Absent: Polly Diebel (excused)
Also Present: Jim Coulter, Director Water Utilities; Fred Greene, ACM; Howard Martin, ACM
Utilities; Mark Nelson, Transportation Director; Emerson Vorel, Director Parks &
Recreation; Bryan Langley, Director of Finance; Ron Menguita, Planning
Supervisor; Cody Wood, Assistant Controller; Mary Billings, Accountant;
Lindsey Baker, Assistant to the City Manager; Kim Mankin, Administrative
Supervisor
3) Receive a report, hold a discussion and give staff direction regarding the allocation of streets
bond fund savings associated with the 2005 Capital Improvement Program.
Jim Coulter presented this item. Coulter stated this is the Bonnie Brae project that Mohelnitzky
was asking about. Originally in 2003 we allocated about $460,000 for some work on Bonnie
Brae. That entire area has changed since 2003; the new stadium, the expansion of Bonnie Brae
to the south, the north south water line, and Rayzor Ranch. All of those things have combined to
destroy that Bonnie Brae Street. The OCI ranking for the section of Bonnie Brae from 380 to 35,
with 100 being good, 0 the worse, Bonnie Brae is at 28. Right now it looks like we have about
$2.5 million in savings that came about primarily by Streets Department doing most of the
projects in house and not contracting the work out. We would like to divert that money out to
Bonnie Brae to begin work on repairing and reconstructing the section from I-35 to Hwy 380.
There will be a number of phasing issues on that project. There is a 42" waterline that going
down through there that will be ripping up the southern portion of Bonnie Brae in the next
couple of years. The section from Hwy 380 down to Scripture is the one that staff would like to
start with early on. We have engineering looking at the cost, does it make since to constrict at
the current profile, or go ahead and do the ultimate roadway section 4 lane divided. Staff is still
looking to see exactly what it is that we will do for the constriction. Coulter stated that the
waterline is completed down to about Scripture. We will not move forward until all utilities
have been taken care of.
Chair Robinson asked if there is still a lot of trick traffic associated with the gas well in that
area. Coulter stated that he hasn't heard of any complaints and doesn't believe that will be any
more of an impact than the constriction that is going on in that area from Rayzor Ranch and the
waterline. Robinson stated that if we reconstruct the road and then tear it up from the trick
traffic we aren't any better. Coulter stated that one thing the street is being destroyed now and it
will probably be another year before we actually get on constriction so hopefully the majority of
the constriction will be out of the way. When we design and constrict this roadway it will be
designed to handle that type of traffic, the only Bonnie Brae was not.
Draft Minutes Citizens Advisory Oversight Committee meeting
March 11, 2011
Page 2 of 2
1 Member Mohelnitzky asked about the 4 lanes or divided street for Bonnie Brae. Coulter stated
2 that the ultimate section for Bonnie Brae is 4 lane divided. Mohelnitzky stated he believes staff
3 should just constrict the ultimate section first not have to come back in a few years to re-
4 constrict it. Coulter stated that is what engineering is looking at, what it will look like. This
5 amount of money will get staff very close to being able accomplish that.
6
7 Member Beasley asked if the curve would be eliminated. Coulter stated that he isn't sure what
8 kind of right of way dedication we received from Rayzor but if staff can improve on it they will.
9
10 Member Beasley clarified that this item is to reallocate the money to reconstruct Bonnie Brae
11 from Hwy 380 to Scripture. Coulter stated that the savings that has been realized in the projects,
12 and right now it is about $2.5 million. We would like to roll that to the Bonnie Brae project.
13 This project seems to be the best for those dollars.
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15 Member Woolfolk stated that the committee could authorize that with the caveat that as the
16 project gets clarified maybe a final review should be had to make sure it is within the amount of
17 money needed. Coulter stated that will give staff the dollars to go out and get the engineering
18 analysis, and get started. We will have a more solid dollar figure at the next meeting. Member
19 Mohelnitzky asked how much money will be spent before we start constriction. Coulter stated
20 that we are not going to do the complete engineering profile on this project because it doesn't all
21 require it. Coulter guessed it would be $200,0004250,000 for engineering to do the project.
22 Member Woolfolk asked if Coulter wanted a motion for the engineering money or the whole
23 thing. Coulter stated that if the committee wants to motion the engineering dollars, it will tie up
24 the rest of the money until we get more answers.
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26 Member Woolfolk moved for the committee to allow the movement of the savings money
27 over to the Bonnie Brae project with the specific instructions to authorize the engineering
28 and once that is complete to come back for authorization on the rest of the money.
29 Member Mohelnitzky seconded the motion, the vote was 4-0 approved.
30
31 The meeting was adjourned by consensus at 9:38 a.m.
32
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the reallocation of Capital
Improvement Program (CIP) funds approved for the design, property acquisition, and
constriction of entry corridors for Downtown Denton.
BACKGROUND
CIP Bond funds were approved in the 2004 CIP Bond program for enhancements to either the
Fort Worth Drive or the Dallas Drive entrance to the city in the amount of $700,000. The
reconstruction of Fort Worth Drive from I-35 to Country Club Road is now under design and
constriction funds have been identified using a combination of TxDOT, County and City
resources. Because street design is in process and constriction is anticipated within 5 years,
moving forward with enhancements at this time is not recommended. Also, part of Dallas Drive
would be reconstructed in conjunction with the I-35E widening project.
The wayfinding signs are a significant component of the recently completed Downtown
Implementation Plan. Starting in October of last year, staff began working on a comprehensive
Wayfinding Signage Network, identified in the Downtown Implementation Plan. Since October,
staff has been working on defining the type of signs, identifying potential locations, drafting
content and designing three different themes. At this time the cost and schedule associated with
the implementation of the Wayfinding Signage Network has not been finalized. The Wayfinding
Signage Network will include: entry signage (both major and secondary) into the city; vehicle
signage to Downtown; and pedestrian signage and kiosks directing the general public to the
Downtown's multiple points of interests, such as Quakertown Park, Courthouse Square, UNT,
TWU, City Hall, Civic Center, and the proposed DCTA Transit Center. It is also staff's goal to
incorporate signage for City buildings and public parks as part of this Wayfinding Signage
Network.
In February, staff began presenting the three different themes to various Boards and Committees
to obtain input. As of this writing, staff has presented to the Downtown Task Force, Main Street
Association Board, City of Denton Communicators Group, the Developers Committee, Planning
and Zoning Commission, the CIP Oversight Committee, and the Parks, Recreation and
Beautification Board.
Staff is compiling all the input from the various committees. At a future date, a presentation will
be given to the City Council depicting the final wayfinding designs. After Council approval,
staff will draft a Request for Proposal (RFP) to send out to local as well as national sign
Agenda Information Sheet
April 19, 2011
Page 2
companies. With the arrival of the DCTA A-Train and the increased interest in Downtown, staff
is recommending that the vehicle signage, pedestrian signage and kiosks be implemented first
throughout the Downtown area. The implementation of the major and secondary entry signage
into the city will soon follow.
OPTIONS
1. Postpone use of the funds until Fort Worth Drive or Dallas Drive are reconstructed and use
the funds to enhance this project.
2. Don't sell the bonds.
3. Allow staff to reallocate these CIP funds for the constriction of entry markers and
Downtown wayfinding signs.
RECOMMENDATION
It is staff's recommendation to reallocate these CIP funds for the constriction of entry markers
and wayfinding signs.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
At their March 11, 2011 meeting, the CIP Oversight Committee recommended approval of a
motion to move $700,000 into the wayfinding and entry marker program 4-0.
FISCAL INFORMATION
CIP Bond funds have not been sold but are approved in the amount of $700,000.00 for the
purpose of implementing entry corridors for Downtown Denton.
EXHIBITS
1. "Entry Corridors" page from 2005 CIP
2. Minutes from March 11, 2011 CIP Meeting
Respectfully submitted:
M. 0.
Emerson Vorel
Director of Parks and Recreation
ENTRY R
$7009000
Y0 if
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PROJECT SCOPE:
Preliminary design, property
acquisition to implement entry
corridors for Downtown.
Includes beautification, either
Dallas Drive or Fort Worth
Drive, but not bath.
PROJECT DESCRIPTION:
Corridor beautification and
redevelopment of right-of-way
to create entry viewscape into
the City.
PROJECT IDENTIFIED IN:
Denton Plan
Downtown Master Plan
Eco Dev Strategic Plan
Council Outcomes
Fort Worth Drive or
1 DRAFT MINUTE S
2 CITIZENS ADVISORY OVERSIGHT COMMITTEE
3 March 11, 2011
4
5 After determiiung that a quonim of the Citizens Advisory Oversight Committee of the City of
6 Denton, TeYas was present, the Chair of the Citizens Advisory Oversight Committee thereafter
7 convened into an Open Meetintly on March 11, 2011 at 9:00 a.m. in the City Council Worlc
8 Session rooin, 215 E. McILinney Street, Denton, Texas.
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10 Present: Chair Randy Robinson, Roiu Beasley, Jerry Moheliutzky, and Rick Woolfollc
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12 Absent: Polly Diebel (excused)
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14 Also Present: Jim Coulter, Director Water Utilities; Fred Greene, ACM; Howard Martin, ACM
15 Utilities; Marlc Nelson, Transportation Director; Einerson Vorel, Director Parlcs &
16 Recreation; Bryan Langley, Director of Finance; Ron Menguita, Planning
17 Supervisor; Cody Wood, Assistant Controller; Mary Billings, Accountant;
18 Lindsey Baker, Assistant to the City Manager; ILim Manlcin, Admiiustrative
19 Supervisor
20
21 4) Receive a report, hold a discussion and give consideration to the reallocation of CIl' funds
22 approved for the design, property acquisition, and constniction of entry corridors for
23 Downtown. Project scope included Fort Worth Drive or Dallas Drive, but not both. Staff is
24 requesting to use the identified funds to design and constnict entry inarlcers for the City and
25 wayfinding sigis in the Downtown area.
26
27 Einerson Vorel, Director of Parlcs and Recreation, presented this itein. Vorel stated that in the
28 2005 CIP this project was approved. Meinber Beasley stated that what she recalled froin the
29 previous bond issue before tlus one, there was discussion about monument signs wluch appeared
30 to be way to costly. Tlus brings back the concept of having a sign as you enter Denton, but in a
31 less costly inanner. Vorel stated that we have now gone through the DTIP process and that
32 report has been finalized. In that report it calls for wayfinding signs. We are requesting, while
33 no consultant dollars have been spent on tlus project, for these funds to be reallocated for tlus
34 project. We have worked with a committee of internal employees and we have come up with
35 three sets of designs. We are not loolcing for a selection or approval of those designs at this
36 ineeting. This paclcage includes everything froin street signs, vehicle signs, lcioslc on the
37 sidewallcs as well as secondary entry signs. One design is based on the courthouse, one is based
38 on the new tower for the transit center, and the last one is called the wave. Staff has worlced
39 through the design and some of the locations now we are trying to put together some funding for
40 this to happen. There is a correlation between the $700,000 that was for entry notification and
41 we see that as doing essentially the same tlung. Vorel then showed a map of where the sigis
42 were to be located. The entry monuments we are loolcing at somewhere out on the north end of
43 I-35 as you would coine in froin the Sanger area. We see the east end of Hwy 380 as an
44 entrance, some place west on Hwy 380 as an entrance as well. We have culled out Fort Worth
45 Drive because it is under desigi at tlus point and are hesitant at to add anytlung until we see what
46 that design lines up to be. Dallas Drive is an entrance, if there is a place on I-35E south as that
47 reconstniction talces place, we hope to place one there. The marlcers will not necessarily by at
48 the city liinits but at a point where it would designate you are in Denton. We do not expect this
49 amount of money will cover all the signs. We will start with the wayfinding sigis for the
50 Downtown Project and then use the remaiiung dollars for the rest of the sigis. Meinber Beasley
Draft Minutes Citizens Advisory Oversight Committee meeting
March 11, 2011
Page 2 of 2
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thought we already have wayfinding signs. Vorel answered that staff has taken care of some of
those signs part of the problem was the map that was prepared for the signs had TxDOT
roadways and they wouldn't allow the signs to be placed on the roadway. It is now a possibility
that the City may inherit some of those TxDOT roadways in the downtown area. Member
Beasley stated that we do have some signs out there; Vorel agreed that we do but will be
replaced. Member Woolfolk stated that at a few of the intersections we have lighted street name
signs, they are helpful. Is that an experiment to see how they work versus the reflected signs.
Coulter answered that we have put in a number of lighted signs on areas that are more entry into
town. So far we have very positive comments about those signs. We are trying to make those
standard operating procedure on new roadway constriction were an intersection is fully
signalized. Member Mohelnitzky stated that one of the concerns that he has is if you start with
the signs downtown and staff uses up the $700,000 and the outer signs or monuments are not
constricted because money has run out. Vorel stated he understands and asked Ron Menguita,
Planning Supervisor, to respond to that question. Menguita stated that staff has been working
with some local sign companies and have received some rough numbers. Those rough numbers
include about $60,000-$75,000 for the downtown area. Of course the big ticket signs are the
monuments type. Member Mohelnitzky asked from the three themes which one has received the
best feedback. Menguita stated that he has presented them and the best feedback has the wave or
flag theme. Member Woolfolk stated that he understands that from time to time we have some
artist spending time in the local or county jail; other locations use those prisoners to help build
things. Maybe that would help with the cost. Menguita stated that we can take that into
consideration.
Member Beasley made the motion to move the $700,000 into the wayfinding and entry
marker program. Member Woolfolk seconded the motion, the vote was 4-0 approved.
The meeting was adjourned by consensus at 9:38 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Finance
ACM: Jon Fortune " "
SUBJECT
Receive a report, hold a discussion, and provide staff direction regarding delinquent tax
collection services.
BACKGROUND
The City of Denton's contract for delinquent tax collection services was originally awarded to
the law firm of Sawko & Burroughs, L.L.P., on July 1, 2005, and a new contract was awarded to
the firm in November 2008 following an extensive Request for Proposal (RFP) process. The
current contract expires on June 30, 2011.
In the current contract, collections were required to be at least 60% of current year delinquencies,
and 30% of all prior year delinquent amounts. Sawlco and Burroughs, LLP has provided a
summary of their performance which indicates they have complied with these requirements. In
addition, the collection performance of the firm has also been verified independently by City
staff. Consequently, staff is of the opinion that the firm has complied with our performance
requirements.
Due to the impending expiration of the contract, the following options have been developed for
consideration.
➢ Option 1: Renew agreement for a period of one-year through existing renewal
option in contract. In accordance with the current agreement, the contract may be
extended for one-year until June 30, 2012. In addition, a second one-year renewal
option could extend the contract to June 30, 2013.
➢ Option 2: Solicit new Requests for Proposal (RFP) for the tax collection contract.
While this is a viable option, it should be noted that staff recently completed an
extensive RFP process in 2008. As such, it is unlikely that the market for these
services has changed materially since that time.
Agenda Information Sheet
April 19, 2011
Page 2
➢ Option 3: Enter into negotiations and award a contract to another law firm. Since
delinquent property tax collections are considered a professional service, state law
does not require the solicitation of bids or proposals. The firm which received the
second highest ranking from the panel during the last RFP process could be
considered. This firm was ranked very favorably due to their prior performance and
existing contract with Denton County.
During the Work Session discussion, staff will present the attached PowerPoint presentation and
seek City Council direction on this issue.
F'VHIR C
Power Point Presentation
Respectfully Submitted By:
Bryan Langley
Chief Financial Officer
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AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: City Manager-Administration
ACM: Howard Martin, 349-8232
SUBJECT
Receive a report and hold a discussion on the Traffic Operations Study conducted for the
Downtown Implementation Plan.
BACKGROUND
Freese & Nichols, Inc. was retained to provide traffic operations analysis of the proposed
roadway modifications included in the Downtown Implementation Plan (DTIP) consultant
report. This operational analysis would result in establishing street sections for the roadways in
the DTIP area that meet the intent of the DTIP consultant report. This will then lead to the
Mobility Plan amendments, and adoption of the Form Based Code in the DTIP area. The traffic
operations analysis was conducted in two phases as below;
• Phase 1 - Qualify and quantify Pass-Through traffic using Locust and Elm
Streets, and also the traffic that approaches Downtown from the north or south
and then continues east on McKinney; then evaluate potential diversion of North-
South through traffic away from the Downtown
• Phase 2 - Evaluate Block by Block impact of Proposed Downtown Street
Modifications on anticipated operational conditions for vehicles, bicyclists and
pedestrians
The Phase 1 study was completed in October-November 2010. Traffic counts were conducted at
eight locations using video equipment during morning, and evening peak hours and also from 10
am to 11 am (Exhibit 2). The 24-hour traffic count was also done. The intent of the Phase 1 study
was to determine what percentage of the traffic using Elm and Locust Streets is destination
traffic and what percentage is through traffic. The idea being that the through traffic will need to
be routed away from the downtown core to other north-south streets, as the street sections are
modified to create more friction to slow down the traffic in this area. The analysis of the traffic
count data showed that the amount of through traffic is not substantial, and the accommodation
of this through traffic was blended into the analysis of traffic operations to evaluate the impact of
the proposed DTIP street modifications. The following streets were analyzed for the traffic
operations analysis;
• Hickory Street
• Oak Street
• Locust Street
• Elm Street
• Sycamore Street
• Mulberry Street
• Mews streets (Walnut, Austin, Pecan and Cedar Streets)
• Carroll Boulevard
• Bell Avenue
• McKinney Street
• Industrial Street
A summary of the detail elements of this analysis are as below;
• Collect Data on Existing Roadway Geometrics and traffic volumes to assess the current
conditions
• Evaluate Proposed Street Sections compared to the existing conditions block by block for
ease of implementation
• Develop traffic volumes and analyze future operations for Motor Vehicles, Transit,
Bicyclists and Pedestrians
• Based upon the results of the analysis, identify significant traffic, safety and mobility
issues with the proposed street modifications, if any, and develop concepts for
refinements as needed, to the proposed street modifications in the DTIP to affect
adequate traffic operations
• Categorize the recommended improvements and anticipated changes in development into
three stages for analysis: Short Range (1 to 3 years), Medium Range (3 to 10 years) and
Long Range (assume build-out of concept in 20 years)
• Submit a Final Report that will provide the basis for street section modifications in the
DTIP area
The consultant has completed the Phase 2 study and submitted a draft report. Exhibit 1 shows the
summary of the scope, methodology used, and the results of the Phase 1 and Phase 2 studies.
Staff is presenting this item to discuss the Traffic Operations Study with the Council, and get
feedback and direction on the study results.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
December 7, 2010: Council approved the contract with Freese & Nichols, Inc. for the Phase 2 of
the DTIP Traffic Operations Study
EXHIBITS
1. DTIP Traffic Operations Study Power Point
Respectfully submitted:
P. S. Arora, P.E.
DRC Engineering Administrator
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AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Airport
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion, and provide staff direction on the constriction of a
Landscape Equipment Storage Area building at the Denton Municipal Airport.
BACKGROUND
The expansion of runways and taxiways at Denton Airport has caused a need to move temporary
storage buildings and fenced, outside storage areas into a consolidated location. The current
storage area has three small, temporary storage buildings for parts, small service equipment and
chemicals used to maintain the Airport property. Due to the small size of the buildings,
expensive equipment has to be stored outside, unsecured in the elements, and there is no
available space to perform cleaning and routine daily maintenance on the equipment. The
proposed building and secured lot will provide necessary storage, maintenance and cleaning
space for the equipment as well as an area that will ensure proper storage of chemicals and fuels.
The proposed Landscape Equipment Storage Area (LESA) includes approximately one-half acre
of fenced storage yard with a 1,975 square foot building that consists of two maintenance bays, a
small tool and work area and approximately 150 square feet of office space. There is an
additional 1,000 square feet of area under roof that is open on three sides. This facility will be
located in the southeast corner of the Airport adjacent to an enclosed gas well pad site.
The initial cost for this facility was estimated to be $70,000 based upon a metal shell building
with one bay door and a small office framed in one corner. This estimated amount was included
in the FY 2009-2010 Airport Gas Well Fund Budget prior to the actual design review with an
architect. As the facility was designed, it was determined that for the building to be serviceable
for the long term, it should include two bays, an enclosed small tool and equipment work area
and a modest office with restroom facilities. The electrical and plumbing requirement is, also,
more extensive than was initially estimated for a shell building. Design improvements resulted
in an increased cost of constriction over the initial estimate for a shell building only. The
additional costs for this facility will be accommodated through gas well CIP funds. A proposed
ordinance to accept the constriction bid of Caliber Constriction, Inc., a local Historically
Underutilized Business (HUB) contractor will be presented to the City Council on May 3, 2011.
The low bid amount from Caliber Constriction, Inc is $327,140. The ten (10) bids received
were "stair-stepped" from the low bid of $327,140 to a high bid of $514,000.
Agenda Information Sheet
April 19, 2011
Page 2
PRIOR ACTION
The Airport Advisory Board recommended approval of this facility at its April 13 meeting.
RECOMMENDATION
Airport Staff recommends constriction of this building based upon the need for an equipment
storage and routine service facility to accommodate Airport public space maintenance and to
serve Airport tenants. The spread of bids from ten (10) different contractors indicates the low
bid is a highly competitive market price for the proposed stricture and the cost would likely
increase if the specification is re-bid, even if the building design is simplified. City staff is
familiar with Caliber Constriction, Inc. and has used them on other projects. This contractor has
a proven record of performing quality constriction, on time and within their approved budget.
PRINCIPAL PLACE OF BUSINESS
Caliber Constriction, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed by September 2011.
EXHIBITS
1. Bid Tabulation
2. Site Plan
3. PowerPoint Presentation
Respectfully submitted:
Quentin Hix
Airport Manager
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AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis at 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative Purchasing Network
for the purchase of a Peterbilt Cab/Chassis for the Solid Waste Recycling program and a
Peterbilt Cab/Chassis for Denton Municipal Electric by way of an Interlocal Agreement with the
City of Denton; and providing an effective date (File 4663-Purchase of Peterbilt Cab/Chassis for
Solid Waste and Denton Municipal Electric awarded to Rush Crane and Refuse Systems
International in the amount of $147,600). (The Public Utilities Board approved this item by a
vote of 6-0).
FILE INFORMATION
Fleet Management utilizes hybrid technology whenever possible when purchasing vehicles or
equipment. In December 2009, a lease agreement was signed for the use of a hybrid container
trick for Solid Waste Recycling and a lease agreement was executed for the use of a hybrid
bucket trick for Electric Distribution in January 2010. The lease agreements have expired and
the departments desire to keep these tricks for operational purposes.
Electric Distribution utilizes the hybrid bucket trick for the purpose of constricting and
maintaining overhead distribution lines. The Solid Waste Recycling Department utilizes the
container trick for the delivery of and repair of trash and recycle receptacles to customers. The
hybrid portion of these tricks is the cab and chassis; therefore, reducing the carbon footprint for
both vehicles.
The price difference of $900 for each trick between the Sales Order and the Lease Agreements
(Exhibit 1 and 2) reflects a documentation fee of $900 from Rush Crane and Refuse Systems
International as part of the dealer cost. This is above and beyond the stated lease cost. Rush
Crane and Refuse Systems International is the only licensed Peterbilt Dealer within the State of
Texas. In addition, both of these trick costs reflect large discounts because of the previous lease
agreements.
Agenda Information Sheet
April 19, 2011
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
At its February 28 meeting the Public Utilities Board recommended approval to forward the
Electric Distribution bucket trick to the City Council for consideration. At its April 11 meeting
the Public Utilities Board recommended approval to forward the Solid Waste container trick to
the City Council for consideration. City Council approved the replacement schedule for these
tricks in the FY 2009-10 Budget.
RECOMMENDATION
Staff recommends award to Rush Crane and Refuse Systems International in the amount of
$79,900 for the hybrid bucket trick and $67,700 for the hybrid solid waste container trick for a
total award amount of $147,600.
PRINCIPAL PLACE OF BUSINESS
Rush Crane and Refuse Systems International
San Antonio, TX
ESTIMATED SCHEDULE OF PROJECT
The purchase and transfer of titles for these tricks will occur within four weeks of contract
signing.
FISCAL INFORMATION
The Hybrid Delivery Trick will be funded from Solid Waste Residential account
4660559592.1365.30100. Requisition 4102244 has been entered in the Purchasing software
system. The Hybrid Bucket Trick will be funded from Electric Distribution
4602876605.1355.3920. Requisition 4102035 has been entered in the Purchasing software
system.
EXHIBITS
Exhibit 1: Quote for Hybrid Delivery Trick
Exhibit 2: Quote for Hybrid Bucket Trick
Exhibit 3: Public Utilities Board Minutes
Agenda Information Sheet
April 19, 2011
Page 3
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
I-.CIS-File 4661
Exhibit 1
Rush Crane & Refuse Systems International
1tt PO Box 200105
` San Antonio, TX 78220
TRUCK CENTER:
877-661-4511
SALES ORDER
Date 01/17/2
Please enter my order for the following:
Denton, City of
Q New ❑ F.E.T. Applicable
❑ Used 9F.E.T. Exempt
Customer's Name
901-B Texas St Denton TX 76201-435
Make Peterbilt
Series 330
Street City State Zip
Year 2010
Body Type
75-60000514 940-349-7100 940-349-7302
Color M5443EB VIPER GREEN
Trim
SS# or Fed Id# Business Phone Fax
Serial# 2NPNHM6A9AM108961
Purchaser's Name
Stock # 91378
To be delivered on or about 1/5/2011
Street City State Zip
Available on BuyBoard Contract 358-10
SS# or Fed Id# Business Phone Fax
H
ll
H
l
o
oway,
a
By Salesman
Truck Will be Titled in County.
LIENHOLDER INFORMATION
Date of Lien
Lien Holder
Sales Price
67,650.00
Factory Paid F.E.T.
0.00
F.E.T. Tire Credit
0.00
Total Factory Paid F.E.T.
0.00
Draft Through
Optional Factory Extended Warranties
0.00
Sub-Total
67,650.00
Dealer Paid F.E.T. `
0.00
Local Taxes
0.00
Total Used Vehicle Allowance'
0.00
License, Transfer, Title, Registration Fee
0.00
Less Total Balance Owed
0.00
Dealer's Inventory Tax
0.00
Total Net Allowance on Used Vehicle(s)
0.00
Documentary Fee
50.00
Deposit or Credit Balance
0.00
Total Cash Delivered Price
67,700.00
Cash with Order
0.00
Total Down Payment
0.00
<
0.00
Unpaid Cash Balance Due on Delivery
67,700.00
'See Trade-in details on page 4
ADOCUMENTARYFEEISNOTANOFFICIALFEE.AD000MENTARYFEEISNOTREQUIREDBY
LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING
SERVICES RELATING TO THE CLOSING OF A SALE.
Customer, by the execution of this Order, offers to purchase the motor vehicle
described
above upon the terms and conditions contained herein. Customer
acknowledges that Customer has read the terms and conditions of this Order and
has received a true copy of this Order.
This Order consists of this Page, as well as Pages 2 through 3, which are initialed
`SUBJECT TO ADJUSTMENT- FINAL F.E.T. MAY VARY.
ANY F.E.T. VARIANCE RESPONSIBILITY OF DEALER
for identification, and only those other documents, which are specifically identified
and referenced in this Order.
Customer's Signature Date
NOTICE: THE FOLLOWING ARE IMPORTANT PROVISIONS OF THIS ORDER
THIS ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND, AS OF THE DATE
HEREOF, COMPRISES THE COMPLETE AND EXCLUSINVE STATEMENT OF THE TERMS OF
THE AGREEMENT BETWEEN THE PARTIES.
IF ANY REPRESENTATIONS, SPECIFICATIONS OROTHERAGREEMENTS ARE RELIED UPON BY
CUSTOMER, THEY MUST BE IN WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCED
IN THIS ORDER; OTHERWISE, THEY WILL NOT BE BINDING ON OR ENFORCEABLE AGAINST
SELLER.
THERE ARE NO UNWRITTEN ORALAGREEMENTS BETWEEN THE PARTIES.
OFFER RECEIVED BY:
SALES REPRESENTATIVE Date
FFER ACCEPTED BY:
AUTHORIZED REPRESENTATIVE Date
RTC S-120-7106
Retail Sales Order
011
: 4t
Rush Crane & Refuse Systems International
PO Box 200105
San Antonio, TX 78220
TRUCK CENTER ,
877-661-4511
ADDITIONAL TERMS AND CONDITIONS
Retail ales Order
DISCLAIMER OF CONSEQUENTIAL DAMAGES: In the event of any civil action by Purchaser against Dealer or Manufacturer, Customer shall not be ,
entitled to recover any consequential damages as defined in the Uniform Commercial Code, as enacted in the state where Dealer is located, including
but not limited to, loss of profits and down time.
WARNING: Air Leaf with tracking rod suspension, which has a ride height approximately 2.4 inches higher than that of the low air leaf suspension
is generally not suitable for high cube/low frame height applications. Customer should verify its height requirements and specify the low air leaf
suspension when a lower frame height is required.
_ ANY WARRANTIES ON THE PRODUCT(S) SOLD HEREBY ARE THOSE MADE BY MANUFACTURER. ANY PRINTED MANUFACTURER'S
WARRANTY DELIVERED TO CUSTOMER WITH SAID PRODUCT(S) IS A CONTRACT SOLELY BETWEEN MANUFACTURER AND CUSTOMER
AND IS NOT A PART OF THE SALE OR BARGAIN BETWEEN CUSTOMER AND DEALER. EXCEPT FOR ANY SUCH WARRANTY MADE BY
MANUFACTURER, SAID PRODUCT(S) ARE SOLD ON AN "AS IS, WHERE IS" BASIS, IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTAABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH ARE
EXPRESSLY DISCLAIMED.
If initialed, Customer has requested Dealerto have certain modifications performed on the Product, priorto its delivery to Customer using a third party
contractor to perform such modifications, Dealer has agreed to do so, and has included the cost of such modifications in its sales price for the Product,
conditioned upon the express understanding and agreement of Customer that such modifications shall be subject to the terms and conditions of the
Modifications Rider, which is attached hereto and incorporated herein for all purposes.
PLACEMENT OF ANY CUSTOMER'S DEPOSIT INTO DEALER'S ACCOUNT SHALL NOT MEAN THAT DEALER HAS ACCEPTED THIS ORDER.
THIS ORDER SHALL NOT BECOME BINDING UPON DEALER, UNTIL ACCEPTED BY DEALER'S AUTHORIZED REPRESENTATIVE. A LIST OF
AUTHORIZED REPRESENTATIVES MAY BE OBTAINED, BY REQUEST SENT TO THE ADDRESS LISTED HEREIN.
1. Parties to Order; Definitions. As used in this Order, the terms: (a) "Dealer" shall mean the authorized Dealer to whom this Order is addressed
and who shall become a party hereto only by its acceptance hereof; (b) "Customer" shall mean the party executing this Order as such on the face hereof; (c)
"Manufacturer" shall mean the Corporation that manufactured the Product, it being understood by Customer and Dealer that Dealer is in no respect the agent
of Manufacturer, that Dealer and Customer are the sole parties to this Order and that reference to Manufacturer herein is for the purpose of explaining generally
'I certain contractual relationships existing between Dealer and Manufacturer with respect to the Product; (d) "Product" or "Products" shall mean the new and/or
( used vehicle or vehicles or other products, which are being purchased by Customer, as set forth in this Order.
2. Changes by Manufacturer; Effect on Order. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles without notice,
' In the event the price to Dealer of motor vehicles of the series and style ordered hereunder is changed by Manufacturer prior to delivery of the new motor
vehicle ordered hereunder to Customer, Dealer reserves the right to change, the cash delivered price of such motor vehicle to Customer accordingly. If such
cash delivered price is increased by Dealer, Customer may, if dissatisfied there with, cancel this Order, in which event if a motor vehicle has been traded in as
a part of the consideration for such motor vehicle, such used motor vehicle shall be returned to Customer upon payment of a reasonable charge for storage
and repairs (if any) or, it such used motor vehicle has been previously sold by Dealer, the amount received therefor, less a selling commission of 15% and any
expense incurred in storing, insuring, conditioning or advertising said used motor vehicle for sale, shall be returned to Customer.
1 Reappraisal of Used Motor Vehicle. If the used motor vehicle which has been traded in as a part of the consideration for the motor vehicle ordered
hereunder is not to be delivered to Dealer until delivery to Customer of such motor vehicle, the used motor vehicle shall be reappraised at that time and such
reappraised value shall determine the allowance made for such used motor vehicle. If such reappraised value is lower than the original allowance therefor
shown on the front of this Order, Customer may, if dissatisfied therewith, cancel this Order, provided, however, that such right to cancel is exercised prior to the
delivery of the motor vehicle ordered hereunder to the Customer and surrender of the used motor vehicle to Dealer.
4. Delivery of Used Motor Vehicle by Customer; Customer Warranty of Title. Customer agrees to deliver to Dealer satisfactory evidence of title
to any used motor vehicle traded in as a part of the consideration for the motor vehicle ordered hereunder at the time of delivery of such used motor vehicle
to Dealer. Customer warrants any such used motor vehicle to be his property and free and clear of all liens and encumbrances except as otherwise noted
herein.
5. Refusal of Acceptance of Motor Vehicle; Rights of Dealer. Unless this Order shall have been cancelled by Customer under and in accordance with
the provisions of paragraph 2 or 3 above, Dealer shall have the right, upon failure or refusal of Customer to accept delivery of any product ordered hereunder
and to comply with the terms of this Order, or upon the existence of circumstances, which provide Dealer with a reasonable basis for believing Customer intends
to breach its obligations under this Order, to exercise any and/or all of the following remedies: cancel this Order; retain any cash deposit made by Customer; in
the event a used motor vehicle has been traded in as a part of the consideration for the product ordered hereunder, sell such used motor vehicle and reimburse
itself out of the proceeds of such sale for the expenses specified in Paragraph 2 above and for such other expenses and losses as Dealer may incur or suffer
as a result of such failure or refusal by Customer; and, take such other action and pursue such other remedies as are allowed by law.
6. Changes in Design by Manufacturer. Manufacturer has reserved the right to change the design of any new motor vehicle, chassis, accessories
or parts thereof at any time without notice and without obligation to make the same or any similar change, in any motor vehicle, chassis, accessories or parts
thereof previously purchased by or shipped to Dealer or being manufactured or sold in accordance with Dealer's Orders. Correspondingly, in the event of any
such change by Manufacturer, Dealer shall have the right, but no obligation to Customer, to make the same or any similar change, in any motor vehicle, chassis,
accessories or parts thereof covered by this Order either before or subsequent to delivery thereof to Customer.
7. Delay or Failure in Delivery; Limitation of Dealer Liability. Dealer shall not be liable for failure to deliver or delay in delivering any product covered
by this Order where such failure or delay is due, in whole or in part, to any cause beyond the reasonable control or is without the gross negligence or intended
misconduct of Dealer.
8. Liability for taxes. The price for the product specified on the face of this Order includes reimbursement for Federal Excise taxes, but does not include
sales taxes or occupational taxes based on sales volume, (Federal, State or Local) unless expressly so stated. Customer assumes and agrees to pay, unless
prohibited by law, any such sales or use of occupational taxes imposed on or applicable to the transaction covered by this Order, regardless of which party may
have primary tax liability thereof.
Customer Initial
K C, J-120-7lGfi..x,~,.9.. F ,
yx Rush Crane & Refuse Systems International
. PO Box 200105
:TRUCK CENTER, San Antonio, TX 78220 Retail ales Order
- 877-661-4511
Lm - -
9. Execution of Other Documents; Further Action. Customer, before, at the time of delivery of the product covered by this Order, or thereafter, will
execute such other forms of agreement or documents or instruments or corrective filings as may be required by the terms and conditions of payment indicated
on the front of this Order and will use all commercially reasonable efforts to do or cause such other things as may be reasonably necessary or desirable to be
done to effect the provisions and purposes of this Order.
10. Request for List of Dealer's Authorized Representatives. Customer, to request a list of Dealer's Authorized Representatives, should contact: Rush
Truck Centers, P.O. Box 34630, San Antonio, TX 78265-4630, Attention: Customer Service. Customer, in making a request, should specify the dealership location,
which is the subject of the request. Or visit the Website of Dealer's parent corporation, Rush Enterprises, Inc., at www.rush-enterprises.com.
11. Execution and Delivery by Facsimile Transmission. If this Order or any document executed in connection with this Order is delivered by facsimile or
similar instantaneous electronic transmission device pursuant to which the signature of or on behalf of such party can be seen (a ' Fax'), such execution and delivery
shall be considered valid, binding and effective for all purposes as an original document. Additionally, the signature of any party on this Order transmitted by way
of a facsimile machine shall be considered for all purposes as an original signature. Any such faxed document shall be considered to have the same binding legal
effect as an original document. At the request of Dealer, any faxed document shall be re-executed by Customer in an original form.
12. Fees and Expenses of Actions. If any legal action (an "Action"), is commenced by Dealer, including an Action for declaratory relief, to enforce or
interpret the terms of this Order, or any document or instrument executed in connection with or pursuant to this Order, or involving any controversy or claim I e
between or among the parties to this Order, whether sounding in contract, tort or statute, whether through arbitration, probate, bankruptcy, receivership or other
judicial or administrative proceeding, Dealer shall, if Dealer prevails in such Action, be entitled to recover reasonable attorney's fees, paralegal costs, expert
witness and consulting expert fees and costs, and other expenses, costs and necessary disbursements incurred by Dealer in the investigation, preparation, {
pursuit or defense of any claim asserted by any party in such Action (including allocated costs for in-house legal services), in addition to any other relief to which
Dealer may be otherwise entitled, at law or hereunder, in the amount determined by the fact-finder(s) or arbitrator(s)
13. Gender and Number. Unless otherwise required by context, the genders shall include each other and the singular shall include the plural and the
plural the singular.
14. Headings, Etc. Headings, table of contents, captions, titles and marginal notations are for convenience only and shall not limit or restrict the
interpretation or construction of the passage(s) to which such headings, table of contents, captions, titles and notations may relate.
15. Governing Law; Jurisdiction and Venue; Performance. Except to the extent that the laws of the United States may apply or otherwise control this
Order, the rights and obligations of the parties hereunder shall be governed by, construed and interpreted in accordance with the laws of the State in which
Dealer is located, without regard to conflict of law principals. The County where Dealer's dealership is located shall be the proper place of venue to enforce
payment under the performance of this Order.
16. Waiver. No waiver of any term of this Order shall be valid unless it is in writing and signed by Dealer's Authorized Representative. The failure of Dealer
at any time or times to require performance of any provision hereof shall in no manner affect the right to enforce the same. No waiver by Dealer of any condition
contained in this Order, or of the breach of any term, provision, representation, warranty or covenant contained in this Order, in any one or more instances, shall
" be deemed to be or construed as a further or continuing waiver of any such condition or breach, or as a waiver of any other condition or of the breach of any
other term, provision, representation, warranty or covenant.
17, Customer's Deposit. Any Customer's Deposit shall only be refunded, at the request of Customer if this Order has not been accepted within three (3)
business days. Once accepted, any Customer's Deposit shall not be refunded except due to Dealer's failure to deliver the Product.
18. Title; Security Interest and Lien. Title to any Product shall pass to Customer; only when Customer has paid all amounts due from Customer for the
purchase of the Product. Notwithstanding the foregoing, should Customer be deemed to have acquired title to the Product by law, at any time when Customer
has not paid the entire amount due for the purchase of the Product, or any check delivered by Customer in payment of the purchase price of the Product, is
retuned to Dealer, unpaid for any reason, Dealer shall have a purchase money security interest in and/or lien against the Product and shall be entitled to take
any action and file any documents to perfect its security interest in and/or lien against the Product. In such event, Customer hereby irrevocably appoints Dealer
as its agent and attorney in fact, coupled with an interest, to execute any documents or statements in behalf of Customer.
19. Attachments. If checked, attached to this Order and made a part hereof are the following:
Modifications Rider;
Detailed Truck Specifications;
WARNING: Contains Freon (CFC 12) and manufactured with 1,1,1 Trichloroethane (methyl chloroform) substances which harm public
health and environment by destroying ozone in the atmosphere.
R1C 5-120-ao6
Customer Initial
S()1003
= 1
- ~ A
.fit . :•4 `l
fli A PAC= COMPANY
PETEREILT MOTORS COMPANY
J INVOICE NO.
DATE
JANUARY 22, 2010 N/A
VEHICLE IDENTIFICATION NO. YEAR MAKE
2NPNHMGA9AM108961 2010 PETERBILT I..:
BODY TYPE SHIPPING WEIGHT
TRUCK 10,174 LS H.P. (S-A-E.) G.V.W.R. NO. CYLS. SERIES OR MODEL i
2 6 0. 0 5 TON 6 MODEL 330 I, the undersigned authorized representative of the comPanY, firm or corporation named below, hereby certif
Y
that the new vehicle described above is the property of the said company, firm or corporation and is
transferred on the above date and under the Invoice Number indicated to the following distributor or dealer.
INAME OF DISTRIBUTOR, DEALER, ETC.
PETERBILT MOTORS COMPANY G
1700 WOODBROOK STREET=
DENTON, TX 76205
It is further certified that this was the first transfer of such new vehicle in ordinary trade and commerce.
I
PETERBILT MOTORS COMPANY
BY: LE
(SIGNATU OF AUTHORIZED REPRESENTATIVE) (AGENT) 1^
DENTON, TEXAS
F?I
CITY-STATE
` g
V
86i1 to
POWER OF ATTORNEY
To Whom It May Concern:
This notarized statement authorizes Mike Ellis, an emplovee of the City of Denton. to
serve as my "attorney-in-fact" to sign on behalf of Peterbilt Motors Company (Lessor)
the required paperwork necessary for purposes of licensing and titling the following
Vehicle: 2NPNHM6A9AM108961.
This vehicle is currently being leased to Delphi Corporation by Peterbilt Motors
Company. Peterbilt is a division of PACCAR Inc. and the federal identification number
is 91-0351110. Peterbilt is the Legal Owner of this vehicle.
~riZnS ` Director of Credit & Finance
Peterbilt Motors Company
State of Texas
Denton County
I certify that I know or have satisfactory evidence that Brian S. Brooks, Director of
Credit & Finance for Peterbilt Motors Company, appeared before me, and said person
acknowledged that he signed this instrument and acknowledged it to be his free and
voluntary act for the use and purpose mentioned in the instrument, dated January 29,
2010.
JUNE MEADOWS
e Meadows MY COMMISSION EXPIRES
May 1, 2012
Notary
My Commission Expires:
in (n q
PETE ILT MOTORS AN Y
PROMOTIONAL VEHICLE LEASE AGREEMENT
This Agreement is made this December 1, 2009, between the City of Denton. ("LESSEE"), and
Peterbilt Motors Company ("Peterbilt") ("LESSOR")
1. Equipment Covered. Peterbilt agrees to lease to Lessee and Lessee agrees to lease
from Peterbilt the following described equipment ("Vehicle")
Description of Vehicle Chassis Number
One 2010 Peterbilt
108961
Model 330
2. Term. This Agreement shall become effective on this date and shall continue in
effect until December 1, 2010 unless terminated sooner as provided in paragraph 11.
3. Ches. Lessee will pay Peterbilt or its assignee, as rental for use of the Vehicle,
$1.00 due on delivery day.
4. Warranty. Peterbilt makes no warranties, either express or implied and NO
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to
the Lessee with regard to the Vehicle. Peterbilt shall not be liable for any special, incidental, or
consequential damages arising out of Lessee's control, operation, use or maintenance of the
Vehicle.
5. Maintenance and Repair. Lessee shall, at its own expense, keep the Vehicle in good
condition and repair in accordance with the manufacturers' recommended procedures. In
addition, Lessee shall maintain the Vehicle in compliance with applicable state and federal safety
rules and regulations. Lessee shall furnish at its own expense, all necessary fuel, lubricants,
grease, antifreeze, tires, tubes, and all other replacement parts and supplies necessary for
maintenance and operation of the Vehicle. Peterbilt will furnish or replace at its own expense
components or replacement parts, if necessary, in accordance with the standard warranty policy
for this vehicle. Lessee shall not alter or modify the Vehicle in any manner that would materially
and adversely affect its value.
6. Taxes. Lessee shall pay any and all highway use, ton-mileage, axle-mileage, sales,
revenue, use, or other type of tax, and all license fees, and any and all tolls, when such taxes,
fees, and tolls are imposed on the Vehicle or by reason of the leasing thereof. Lessee shall also
pay all costs of any inspection of the Vehicle required by any governmental authority. Lessee
shall obtain all necessary fuel permits and/or bonds and shall keep or cause to be kept and made
available to Peterbilt any necessary records relative to the use of the Vehicle and pertaining to
such taxes.
7. Insurance. Lessee shall procure from insurance companies approved by Peterbilt and
maintain in full force during the term of this Agreement for each Vehicle. However, nothing
contained in the following provisions shall prohibit the City from choosing, at its sole discretion,
to self-insure one or more of the following coverages:
(a) Liability insurance naming Peterbilt Motors Company, division of PACCAR Inc.,
as an additional insured (if applicable) with limits for bodily injury and death
resulting therefrom and damage or loss of property in not less than the following
amounts:
Comprehensive General Liability/
Bodily Injury and Property Damage $2,000,000 per occurrence/
$4,000,000 aggregate
Automobile Liability $2,000,000 per occurrence
(PACCAR must be named under the City of Denton's automobile liability
coverage)
but in no event less than the amounts required by the authorities having
jurisdiction for the use in which the Vehicle is engaged;
(b) Lessee shall procure and maintain in force workers compensation insurance in the
amounts required by law in the state of Texas and all work will be performed by
the Lessee and/or Lessee's employees;
(c) Physical damage insurance in an amount of $50,000 or cost to repair or replace
basis covering the Vehicle insuring the respective interests of Peterbilt, and its
assigns, against loss or damage by collision, fire, theft and other hazards,
commonly referred to as "comprehensive", subject to a deductible clause in an
amount not more than $1000.
Repair costs under the deductible amount shall be the responsibility of the Lessee. Each such
policy shall provide that coverage shall not be canceled or materially changed unless the carrier
shall give written notice to Peterbilt and Lessee at least thirty (30) days prior to such cancellation
or change. Lessee shall deliver certificates of insurance coverage to Peterbilt before the Vehicle
is placed in service, and provide renewal certificates as applicable.
8. Operation of Vehicle. Lessee agrees, at its own cost and expense, to use the Vehicle
in a careful and prudent manner in the regular course of Lessee's business and to permit only
qualified and licensed personnel to use the Vehicle, notifying each such person that he or she is
not an employee of Peterbilt or under Peterbilt's direction or control. The Vehicle will not be
used or operated in violation of any law, rule, regulation, statute, or ordinance applicable to the
Vehicle or Lessee. Lessee shall indemnify and hold Peterbilt harmless from and against any and
all fines, forfeitures, seizures, confiscations, penalties, or damages and attorneys' fees related
thereto arising out of the use and operation of the Vehicle in violation of any such law, rule,
regulation, statute or ordinance. The Vehicle shall not be used contrary to any applicable
insurance coverage specified herein.
9. Ownership. Lessee acknowledges that at all times during the term hereof, title and
ownership of the Vehicle shall remain in Peterbilt and that the Lessee has not and does not by
these presents acquire any proprietary rights or interests in the Vehicle until the Vehicle is
purchased by Lessee in accordance with paragraph 11 or paragraph 13.
f®to
.-co(o~ 3
10. Indemnification. lo the extent permitted by the law, included but not limited to the
limitations unposed by Article 3 Section 52 of the Texas Constitution, the City may indemnify.
Lessee agrees to indemnify and hold Peterbilt harmless from and against any and all claims,
causes of action, damages, demands, liabilities and expenses of any kind including, without
limitation, attorneys' fees, fines and penalties relating to or arising out of the possession,
maintenance, use, operation, releasing, control, or storage of any Vehicle covered by this
Agreement, excluding claims solely from Peterbilt's manufacturing defects or arising from
Peterbilt's negligence. The indemnity contained in this paragraph shall not be affected by the
termination of this Agreement.
11. Termination. Peterbilt may terminate this Agreement at anytime upon ten (10)
days written notice if, in its sole discretion, it considers the Vehicle not suitable for any proposed
use, or if Lessee is in breach of any provision of this Agreement. Upon termination, Lessee shall
immediately purchase the Vehicle for $66,800.00. In addition, Lessee may terminate this
Agreement for any reason upon ten (10) days written notice to Peterbilt, and in such case shall
immediately purchase the Vehicle for $66,800.00.
12. Additions and Accessories. Any additions, accessions, equipment or accessories
added to Vehicle by Lessee shall become the property of Peterbilt upon termination or expiration
of the Agreement.
13. Purchase at Lease Expiration. Lessee shall purchase the Vehicle for $66,800.
14. Assignment of Vehicle. Lessee shall not assign, transfer or sublet the Vehicle, this
Agreement, or Lessee's interests hereunder without Peterbilt's prior written consent (which may
be withheld at Peterbilt's sole discretion), nor shall Lessee's interest hereunder inure to the
~LJ1®(®3
I In r2~
benefit of any trustee, receiver creditor, or successor of Lessee or of its property, whether or not
in bankruptcy, by operation of law, or otherwise.
15. Limitation on Use. This Vehicle is leased to Lessee solely for use in the
transportation of or in promotional support of the Peterbilt Motors Hybrid project. Under no
circumstances shall the Vehicle be used for the transportation of goods for hire.
16. Venue. Venue for any cause of action arising under this contract shall be Denton
County, Texas.
17. Notices: All notices required under the terms of this lease shall be sent by normal
mail delivery to the following:
To Lessee: Mike Ellis
Fleet Manager
City of Denton
804 Texas
Denton, Texas 76209
(940) 349-8242
To Lessor: Brian Brooks
Director of Credit & Finance
Peterbilt Motors Company
1700 Woodbrook Street
Denton, Texas 76205-7864
IN WITNESS WHEREOF, each of the parties hereto has caused their presence to be duly
executed the day and year first above written by a person duly authorized.
PETERBILT MOTORS COMPANY
A Division of P CCAR
By
W. D. Jackson
General Manager
labs
~r,JIO'G 2
City of Denton
Exhibit 2
Rush Crane & Refuse Systems International
lam} J PO Box 200105
° j San Antonio, TX 78220
877-661-4511
Retail Sales Order
SALE3 ORDER
Date 01/17/2011
Please enter my order for the following:
Denton, City of
Q Nekv ❑ F.E.T. Applicable
❑ Used 9F.E.T. Exempt
Customer's Name
901-B Texas St Denton TX 76201-435
Make Peterbilt
Series 340
Street City State Zip
Year 2010
Body Type
75-60000514 940-349-7100 940-349-7302
Color M5443EB VIPER GREEN
Trim
SS# or Fed Id# Business Phone Fax
Sena; 4 2NPRHM8A9AM103144
Purchaser's Name
stock # 91380
To be delivered on or about 1/5/2011
Street City State Zip
Available on BuyBoard contract 358-10-
SS# or Fed Id# Business Phone Fax
Hollow
H
l
ay,
a
By Salesman
Truck Will be Titled in County.
LIENHOLDER INFORMATION
Date of Lien
Lien Holder
Sales Price
78,650.00
Factory Paid F.E.T.
0.00
F.E.T Tire Credit
0.00
Total Factory Paid F.E.T.
0.00
Draft Through
Optional Factory Extended Warranties
1,200.00
Sub-Total
79,850.00
Dealer Paid F.E.T.
0.00
Local Taxes
0.00
Total Used Vehicle Allowance
0.00
License, Transfer, Title, Registration Fee
0.00
Less Total Balance Owed
0.00
Dealer's Inventory Tax
0.00
Total Net Allowance on Used Vehicle(s)
0.00
Documentary Fee
50.00
Deposit or Credit Balance
0.00
Total Cash Delivered Price
79,900.00
Cash with Order
0.00
Total Down Payment
0.00
<
0.00
Unpaid Cash Balance Due on Delivery
79,900.00
'See Trade-in details on page 4
A DOCUMENTARY FEE IS NOTAN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY
LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING
SERVICES RELATING TO THE CLOSING OF A SALE.
Customer, by the execution of this Order, offers to purchase the motor vehicle
described above upon the terms and conditions contained herein. Customer
acknowledges that Customer has read the terms and conditions of this Order and
has received a true copy of this Order.
This Order consists of this Page, as well as Pages 2 through 3, which are initialed
'SUBJECT TO ADJUSTMENT- FINAL F.E.T. MAY VARY.
ANY F.E.T. VARIANCE RESPONSIBILITY OF DEALER
for identification, and only those other documents, which are specifically identified
and referenced in this Order.
Customer's Signature Date
NOTICE: THE FOLLOWING ARE IMPORTANT PROVISIONS OF THIS ORDER
THIS ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND, AS OF THE DATE
HEREOF, COMPRISES THE COMPLETE AND EXCLUSINVE STATEMENT OF THE TERMS OF
THE AGREEMENT BETWEEN THE PARTIES.
IF ANY REPRESENTATIONS, SPECIFICATIONS OR OTH ERAGREEM ENTS ARE RELIEDUPON BY
CUSTOMER, THEY MUST BE IN WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCED
IN THIS ORDER; OTHERWISE, THEY WILL NOT BE BINDING ON OR ENFORCEABLE AGAINST
SELLER.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
OFFER RECEIVED BY.
SALES REPRESENTATIVE Date
FFER ACCEPTED BY:
AUTHORIZED REPRESENTATIVE Date
l
RTC S-120-7/06
o ~9~1
Rush Crane & Refuse Systems International
PO Box 200105
~r San Antonio, TX 78220 Retail ales Order
- 877-661-4511
ADDITIONAL TERMS AND CONDITIONS
DISCLAIMER OF CONSEQUENTIAL DAMAGES: In the event of any civil action by Purchaser against Dealer or Manufacturer, Customer shall not be
entitled to recover any consequential damages as defined in the Uniform Commercial Code, as enacted in the state where Dealer is located, including
but not limited to, loss of profits and down time.
WARNING: Air Leaf with tracking rod suspension, which has a ride height approximately 2.4 inches higher than that of the low air leaf suspension
is generally not suitable for high cube/low frame height applications. Customer should verify its height requirements and specify the low air leaf
suspension when a lower frame height is required.
ANY WARRANTIES ON THE PRODUCT(S) SOLD HEREBY ARE THOSE MADE BY MANUFACTURER. ANY PRINTED MANUFACTURER'S
WARRANTY DELIVERED TO CUSTOMER WITH SAID PRODUCT(S) IS A CONTRACT SOLELY BETWEEN MANUFACTURER AND CUSTOMER
AND IS NOT A PART OF THE SALE OR BARGAIN BETWEEN CUSTOMER AND DEALER. EXCEPT FOR ANY SUCH WARRANTY MADE BY
MANUFACTURER, SAID PRODUCT(S) ARE SOLD ON AN "AS IS, WHERE IS" BASIS, IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTAABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH ARE
EXPRESSLY DISCLAIMED.
_ If initialed, Customer has requested Dealer to have certain modifications performed on the Product, prior to its delivery to Customer using a third party
contractorto perform such modifications. Dealer has agreed to do so, and has included the cost of such modifications in its sales price for the Product,
conditioned upon the express understanding and agreement of Customer that such modifications shall be subject to the terms and conditions of the
Modifications Rider, which is attached hereto and incorporated herein for all purposes.
_ PLACEMENT OF ANY CUSTOMER'S DEPOSIT INTO DEALER'S ACCOUNT SHALL NOT MEAN THAT DEALER HAS ACCEPTED THIS ORDER.
THIS ORDER SHALL NOT BECOME BINDING UPON DEALER, UNTIL ACCEPTED BY DEALER'S AUTHORIZED REPRESENTATIVE. A LIST OF
AUTHORIZED REPRESENTATIVES MAY BE OBTAINED, BY REQUEST SENT TO THE ADDRESS LISTED HEREIN.
1. Parties to Order; Definitions. As used in this Order, the terms: (a) "Dealer" shall mean the authorized Dealer to whom this Order is addressed
and who shall become a party hereto only by its acceptance hereof; (b) "Customer" shall mean the parry executing this Order as such on the face hereof; (c)
"Manufacturer" shall mean the Corporation that manufactured the Product, it being understood by Customer and Dealer that Dealer is in no respect the agent
of Manufacturer, that Dealer and Customer are the sole parties to this Order and that reference to Manufacturer herein is for the purpose of explaining generally
certain contractual relationships existing between Dealer and Manufacturer with respect to the Product; (d) "Product" or "Products" shall mean the new and/or
used vehicle or vehicles or other products, which are being purchased by Customer, as set forth in this Order.
2. Changes by Manufacturer; Effect on Order. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles without notice,
In the event the price to Dealer of motor vehicles of the series and style ordered hereunder is changed by Manufacturer prior to delivery of the new motor
vehicle ordered hereunder to Customer, Dealer reserves the right to change, the cash delivered price of such motor vehicle to Customer accordingly. If such
cash delivered price is increased by Dealer, Customer may, if dissatisfied there with, cancel this Order, in which event if a motor vehicle has been traded in as
yE a part of the consideration for such motor vehicle, such used motor vehicle shall be returned to Customer upon payment of a reasonable charge for storage
and repairs (if any) or, it such used motor vehicle has been previously sold by Dealer, the amount received therefor, less a selling commission of 15% and any
expense incurred in storing, insuring, conditioning or advertising said used motor vehicle for sale, shall be returned to Customer.
3. Reappraisal of Used Motor Vehicle. If the used motor vehicle which has been traded in as a part of the consideration for the motor vehicle ordered
hereunder is not to be delivered to Dealer until delivery to Customer of such motor vehicle, the used motor vehicle shall be reappraised at that time and such
reappraised value shall determine the allowance made for such used motor vehicle. If such reappraised value is lower than the original allowance therefor
shown on the front of this Order, Customer may, if dissatisfied therewith, cancel this Order, provided, however, that such right to cancel is exercised prior to the
delivery of the motor vehicle ordered hereunder to the Customer and surrender of the used motor vehicle to Dealer.
4. Delivery of Used Motor Vehicle by Customer; Customer Warranty of Title. Customer agrees to deliver to Dealer satisfactory evidence of title
to any used motor vehicle traded in as a part of the consideration for the motor vehicle ordered hereunder at the time of delivery of such used motor vehicle
to Dealer. Customer warrants any such used motor vehicle to be his property and free and clear of all liens and encumbrances except as otherwise noted
herein.
5. Refusal of Acceptance of Motor Vehicle; Rights of Dealer. Unless this Order shall have been cancelled by Customer under and in accordance with
the provisions of paragraph 2 or 3 above, Dealer shall have the right, upon failure or refusal of Customer to accept delivery of any product ordered hereunder
and to comply with the terms of this Order, or upon the existence of circumstances, which provide Dealer with a reasonable basis for believing Customer intends
to breach its obligations under this Order, to exercise any and/or all of the following remedies: cancel this Order; retain any cash deposit made by Customer; in
the event a used motor vehicle has been traded in as a part of the consideration for the product ordered hereunder, sell such used motor vehicle and reimburse
itself out of the proceeds of such sale for the expenses specified in Paragraph 2 above and for such other expenses and losses as Dealer may incur or suffer
as a result of such failure or refusal by Customer; and, take such other action and pursue such other remedies as are allowed by law.
6. Changes in Design by Manufacturer. Manufacturer has reserved the right to change the design of any new motor vehicle, chassis, accessories
or parts thereof at any time without notice and without obligation to make the same or any similar change, in any motor vehicle, chassis, accessories or parts
thereof previously purchased by or shipped to Dealer or being manufactured or sold in accordance with Dealer's Orders. Correspondingly, in the event of any
such change by Manufacturer, Dealer shall have the right, but no obligation to Customer, to make the same or any similar change, in any motor vehicle, chassis,
accessories or parts thereof covered by this Order either before or subsequent to delivery thereof to Customer.
7. Delay or Failure in Delivery; Limitation of Dealer Liability. Dealer shall not be liable for failure to deliver or delay in delivering any product covered
by this Order where such failure or delay is due, in whole or in part, to any cause beyond the reasonable control or is without the gross negligence or intended
misconduct of Dealer.
8. Liability for taxes. The price for the product specified on the face of this Order includes reimbursement for Federal Excise taxes, but does not include
sales taxes or occupational taxes based on sales volume, (Federal, State or Local) unless expressly so stated. Customer assumes and agrees to pay, unless
prohibited by law, any such sales or use of occupational taxes imposed on or applicable to the transaction covered by this Order, regardless of which party may
have primary tax liability thereof.
t
RTCrS-120a/Ob
Customer Initial
Rush Crane & Refuse Systems International
1 f PO Box 200105
TRUCK San Antonio, TX 78220 Retail ales Order
7CHTEt 877-661-4511
9. Execution of Other Documents; Further Action. Customer, before, at the time of delivery of the product covered by this Order, or thereafter, will
execute such other forms of agreement or documents or instruments or corrective filings as may be required by the terms and conditions of payment indicated
on the front of this Order and will use all commercially reasonable efforts to do or cause such other things as may be reasonably necessary or desirable to be
done to effect the provisions and purposes of this Order.
10. Request for List of Dealer's Authorized Representatives. Customer, to request a list of Dealer's Authorized Representatives, should contact: Rush `
Truck Centers, P.O. Box 34630, San Antonio, TX 78265-4630, Attention: Customer Service. Customer, in making a request, should specify the dealership location,
which is the subject of the request. Or visit the Website of Dealer's parent corporation, Rush Enterprises, Inc., at www.rush-enterprises.com.
( 11, Execution and Delivery by Facsimile Transmission. If this Order or any document executed in connection with this Order is delivered by facsimile or
similar instantaneous electronic transmission device pursuant to which the signature of or on behalf of such parry can be seen (a "fax'), such execution and delivery
shall be considered valid, binding and effective for all purposes as an original document. Additionally, the signature of any party on this Order transmitted by way
of a facsimile machine shall be considered for all purposes as an original signature. Any such faxed document shall be considered to have the same binding legal
effect as an original document. At the request of Dealer, any faxed document shall be re-executed by Customer in an original form. 1,
12. Fees and Expenses of Actions. If any legal action (an "Action"), is commenced by Dealer, including an Action for declaratory relief, to enforce or
interpret the terms of this Order, or any document or instrument executed in connection with or pursuant to this Order, or involving any controversy or claim I,
between or among the parties to this Order, whether sounding in contract, tort or statute, whether through arbitration, probate, bankruptcy, receivership or other
judicial or administrative proceeding, Dealer shall, if Dealer prevails in such Action, be entitled to recover reasonable attorney's fees, paralegal costs, expert
witness and consulting expert fees and costs, and other expenses, costs and necessary disbursements incurred by Dealer in the investigation, preparation,
pursuit or defense of any claim asserted by any party in such Action (including allocated costs for in-house legal services), in addition to any other relief to which
Dealer may be otherwise entitled, at law or hereunder, in the amount determined by the fact-finder(s) or arbitrator(s)
13, Gender and Number. Unless otherwise required by context, the genders shall include each other and the singular shall include the plural and the
plural the singular.
14. Headings, Etc. Headings, table of contents, captions, titles and marginal notations are for convenience only and shall not limit or restrict the
interpretation or construction of the passage(s) to which such headings, table of contents, captions, titles and notations may relate.
15. Governing Law; Jurisdiction and Venue; Performance. Except to the extent that the laws of the United States may apply or otherwise control this
Order, the rights and obligations of the parties hereunder shall be governed by, construed and interpreted in accordance with the laws of the State in which
Dealer is located, without regard to conflict of law principals. The County where Dealer's dealership is located shall be the proper place of venue to enforce
payment under the performance of this Order.
16. Waiver. No waiver of any term of this Order shall be valid unless it is in writing and signed by Dealer's Authorized Representative. The failure of Dealer
at any time or times to require performance of any provision hereof shall in no manner affect the right to enforce the same. No waiver by Dealer of any condition
contained in this Order, or of the breach of any term, provision, representation, warranty or covenant contained in this Order, in any one or more instances, shall
be deemed to be or construed as a further or continuing waiver of any such condition or breach, or as a waiver of any other condition or of the breach of any
other term, provision, representation, warranty or covenant.
17. Customer's Deposit. Any Customer's Deposit shall only be refunded, at the request of Customer if this Order has not been accepted within three (3)
business days. Once accepted, any Customer's Deposit shall not be refunded except due to Dealer's failure to deliver the Product.
18. Title; Security Interest and Lien. Title to any Product shall pass to Customer, only when Customer has paid all amounts due from Customer for the
purchase of the Product. Notwithstanding the foregoing, should Customer be deemed to have acquired title to the Product by law, at any time when Customer
has not paid the entire amount due for the purchase of the Product, or any check delivered by Customer in payment of the purchase price of the Product, is
retuned to Dealer, unpaid for any reason, Dealer shall have a purchase money security interest in and/or lien against the Product and shall be entitled to take
[ any action and file any documents to perfect its security interest in and/or lien against the Product. In such event, Customer hereby irrevocably appoints Dealer
€ as its agent and attorney in fact, coupled with an interest, to execute any documents or statements in behalf of Customer.
if 19. Attachments. If checked, attached to this Order and made apart hereof are the following:
Modifications Rider;
Detailed Truck Specifications;
WARNING: Contains Freon (CFC 12) and manufactured with 1,1,1 Trichloroethane (methyl chloroform) substances which harm public
health and environment by destroying ozone in the atmosphere.
Customer Initial
RTC S-120-7100 `
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i A PAC= COMPANY
PETERBILT MOTORS COMPANY
DATE INVOICE NO.
JANUARY 22, 2010 N/AY
VEHICLE IDENTIFICATION NO. YEAR MAKE ns
2NPRHM8A9AM103144 2010 .PETERBILT`-`
BODY TYPE SHIPPING WEIGHT
TRUCK 12 , 0 9 0 LB
H.P, (S.A.E.) G.V.W.R. NO. CYLS. SERIES OR MODEL;
280.0 5 TON 6 MODEL 340
IY
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I, the undersigned authorized representative of the company, firm or corporation named below, hereby certify
that the new vehicle described above is the property of the said company, firm or corporation and is
transferred on the above date and under the Invoice Number indicated to the following distributor or dealer. je=
NAME OF DISTRIBUTOR, DEALER, ETC. i y IE
PETERBILT MOTORS COMPANY
1700 WOODBROOK STREET E!:..•
rg~s's
DENTON, TX 76205 r
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It is further certified that this was the first transfer of such new vehicle in ordinary trade and commerce.
<<
PETERBILT MOTORS COMPANY -t
a
BY:
Q Q Ee:: U
P E682786 (SIGNATU E OF AUTHORIZED REPRESENTATIVE) (AGENT) 40
DENTON, TEXAS
CITY-STATE= 4'tt
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POWER OF ATTORNEY
To Whom It May Concern:
This notarized statement authorizes Mike Ellis, an employee of the City of Denton. to
serve as my "attorney-in-fact" to sign on behalf of Peterbilt Motors Company (Lessor)
the required paperwork necessary for purposes of licensing and titling the following
Vehicle: 2NPRHM8A9AM103144.
This vehicle is currently being leased to Delphi Corporation by Peterbilt Motors
Company. Peterbilt is a division of PACCAR Inc. and the federal identification number
is 91-0351110. Peterbilt is the Legal Owner of this vehicle.
,X -Z_
Brian S. rooks
Director of Credit & Finance
Peterbilt Motors Company
State of Texas
Denton County
I certify that I know or have satisfactory evidence that Brian S. Brooks, Director of
Credit & Finance for Peterbilt Motors Company, appeared before me, and said person
acknowledged that he signed this instrument and acknowledged it to be his free and
voluntary act for the use and purpose mentioned in the instrument, dated January 29,
2010.
~ w d n,--/)
I ne Meadows
Notary
My Commission Expires:
JUNE MEADOWS
Ely COMMISSION EXPIRES
May 1, 2012
el9 qd
PETE LT MOTORS COMPANY
PROMOTIONAL VEHICLE LEASE AGREEMENT
This Agreement is made this November 1, 2009, between the City of Denton. ("LESSEE"), and
Peterbilt Motors Company ("Peterbilt") ("LESSOR")
1. Equipment Covered. Peterbilt agrees to lease to Lessee and Lessee agrees to lease
from Peterbilt the following described equipment ("Vehicle").
Description of Vehicle Chassis Number
One 2010 Peterbilt
103144
Model 335
2. Term. This Agreement shall become effective on this date and shall continue in
effect until November 1, 2010 unless terminated sooner as provided in paragraph 11.
3. Charges. Lessee will pay Peterbilt or its assignee, as rental for use of the Vehicle,
$1.00 due on delivery day.
4. Warranty. Peterbilt makes no warranties, either express or implied and NO
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to
the Lessee with regard to the Vehicle. Peterbilt shall not be liable for any special, incidental, or
consequential damages arising out of Lessee's control, operation, use or maintenance of the
Vehicle.
5. Maintenance and Repair. Lessee shall, at its own expense, keep the Vehicle in good
condition and repair in accordance with the manufacturers' recommended procedures. In
addition, Lessee shall maintain the Vehicle in compliance with applicable state and federal safety
rules and regulations. Lessee shall furnish at its own expense, all necessary fuel, lubricants,
grease, antifreeze, tires, tubes, and all other replacement parts and supplies necessary for
maintenance and operation of the Vehicle. Peterbilt will furnish or replace at its own expense
components or replacement parts, if necessary, in accordance with the standard warranty policy
for this vehicle. Lessee shall not alter or modify the Vehicle in any manner that would materially
and adversely affect its value.
6. Taxes. Lessee shall pay any and all highway use, ton-mileage, axle-mileage, sales,
revenue, use, or other type of tax, and all license fees, and any and all tolls, when such taxes,
fees, and tolls are imposed on the Vehicle or by reason of the leasing thereof. Lessee shall also
pay all costs of any inspection of the Vehicle required by any governmental authority. Lessee
shall obtain all necessary fuel permits and/or bonds and shall keep or cause to be kept and made
available to Peterbilt any necessary records relative to the use of the Vehicle and pertaining to
such taxes.
7. Insurance. Lessee shall procure from insurance companies approved by Peterbilt and
maintain in full force during the term of this Agreement for each Vehicle. However, nothing
contained in the following provisions shall prohibit the City from choosing, at its sole discretion,
to self-insure one or more of the following coverages:
(a) Liability insurance naming Peterbilt Motors Company, division of PACCAR Inc.,
as an additional insured (if applicable) with limits for bodily injury and death
resulting therefrom and damage or loss of property in not less than the following
amounts:
Comprehensive General Liability/
Bodily Injury and Property Damage $2,000,000 per occurrence/
$4,000,000 aggregate
Automobile Liability $2,000,000 per occurrence
(PACCAR must be named under the City of Denton's automobile liability
coverage)
but in no event less than the amounts required by the authorities having
jurisdiction for the use in which the Vehicle is engaged;
9_0
(b) Lessee shall procure and maintain in force workers compensation insurance in the
amounts required by law in the state of Texas and all work will be performed by
the Lessee and/or Lessee's employees;
(c) Physical damage insurance in an amount of $50,000 or cost to repair or replace
basis covering the Vehicle insuring the respective interests of Peterbilt, and its
assigns, against loss or damage by collision, fire, theft and other hazards,
commonly referred to as "comprehensive", subject to a deductible clause in an
amount not more than $1000.
Repair costs under the deductible amount shall be the responsibility of the Lessee. Each such
policy shall provide that coverage shall not be canceled or materially changed unless the carrier
shall give written notice to Peterbilt and Lessee at least thirty (30) days prior to such cancellation
or change. Lessee shall deliver certificates of insurance coverage to Peterbilt before the Vehicle
is placed in service, and provide renewal certificates as applicable.
8. Operation of Vehicle. Lessee agrees, at its own cost and expense, to use the Vehicle
in a careful and prudent manner in the regular course of Lessee's business and to permit only
qualified and licensed personnel to use the Vehicle, notifying each such person that he or she is
not an employee of Peterbilt or under Peterbilt's direction or control. The Vehicle will not be
used or operated in violation of any law, rule, regulation, statute, or ordinance applicable to the
Vehicle or Lessee. Lessee shall indemnify and hold Peterbilt harmless from and against any and
all fines, forfeitures, seizures, confiscations, penalties, or damages and attorneys' fees related
thereto arising out of the use and operation of the Vehicle in violation of any such law, rule,
regulation, statute or ordinance. The Vehicle shall not be used contrary to any applicable
insurance coverage specified herein.
9. Ownership. Lessee acknowledges that at all times during the term hereof, title and
ownership of the Vehicle shall remain in Peterbilt and that the Lessee has not and does not by
these presents acquire any proprietary rights or interests in the Vehicle until the Vehicle is
purchased by Lessee in accordance with paragraph 11 or paragraph 13
oc
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cv~„n~n Z
10. Indemnification. lo the extent permitted by the law, included but not limited to the
limitations imposed by Article 3 Section 52 of the Texas Constitution, the City may indemnify.
Lessee agrees to indemnify and hold Peterbilt harmless from and against any and all claims,
causes of action, damages, demands, liabilities and expenses of any kind including, without
limitation, attorneys' fees, fines and penalties relating to or arising out of the possession,
maintenance, use, operation, releasing, control, or storage of any Vehicle covered by this
Agreement, excluding claims solely from Peterbilt's manufacturing defects or arising from
Peterbilt's negligence. The indemnity contained in this paragraph shall not be affected by the
termination of this Agreement.
11. Termination. Peterbilt may terminate this Agreement at any time upon ten (10)
days written notice if, in its sole discretion, it considers the Vehicle not suitable for any proposed
use, or if Lessee is in breach of any provision of this Agreement. Upon termination, Lessee shall
immediately purchase the Vehicle for $79,000.00. In addition, Lessee may terminate this
Agreement for any reason upon ten (10) days written notice to Peterbilt, and in such case shall
immediately purchase the Vehicle for $79,000.00.
12. Additions and Accessories. Any additions, accessions, equipment or accessories
added to Vehicle by Lessee shall become the property of Peterbilt upon termination or expiration
of the Agreement.
13. Purchase at Lease Expiration. Lessee shall purchase the Vehicle for $79,000.
14. Assignment of Vehicle. Lessee shall not assign, transfer or sublet the Vehicle, this
Agreement, or Lessee's interests hereunder without Peterbilt's prior written consent (which may
be withheld at Peterbilt's sole discretion), nor shall Lessee's interest hereunder inure to the
r,t~ d 9 gn
benefit of any trustee, receiver creditor, or successor of Lessee or of its property, whether or not
in bankruptcy, by operation of law, or otherwise.
15. Limitation on Use. This Vehicle is leased to Lessee solely for use in the
transportation of or in promotional support of the Peterbilt Motors Hybrid project. Under no
circumstances shall the Vehicle be used for the transportation of goods for hire.
16. Venue. Venue for any cause of action arising under this contract shall be Denton
County, Texas.
17. Notices: All notices required under the terms of this lease shall be sent by normal
mail delivery to the following:
To Lessee: Mike Ellis
Fleet Manager
City of Denton
804 Texas
Denton, Texas 76209
(940) 349-8242
To Lessor: Brian Brooks
Director of Credit & Finance
Peterbilt Motors Company
1700 Woodbrook Street
Denton, Texas 76205-7864
IN WITNESS WHEREOF, each of the parties hereto has caused their presence to be duly
executed the day and year first above written by a person duly authorized.
City of Denton
By
Mike Ellis
PETERBILT MOTORS COMPANY
A Division of PACCAR
By I I)
W. D. Jackson
General Manager
/I N no"'
C
Exhibit 3
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
February 28, 2011
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, February 28, 2011 at 9:04 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton.
Present: Vice Chair Bill Cheek, Bill Grubbs, Phil Gallivan, Barbara Russell John Baines
(departed at 10:45) excused, Randy Robinson
Ex Officio Member:
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: Chair Dick Smith unexcused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
3) Consider a recommendation of adoption of an ordinance approving the expenditure of funds
for the purchase of two Peterbilt tricks for Electric Distribution through the Buy Board
Cooperative Network; providing for the expenditure of funds therefore, and providing an
effective date (Bid 4663-Purchase of Peterbilt trick, in the amount of $79,900).
Board Member Baines moved to approve item 3 with a second from Board Member
Russell. The motion was approved by a 6-0 vote.
Adjournment was at 11:04 a.m.
1
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31
DRAFT MINUTES
PUBLIC UTILITIES BOARD
April 11, 2011
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, April 11, 2011 at 9:02 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present: Chair Dick Smith, Vice Chair Bill Cheek, Phil Gallivan, Barbara Russell, Bill
Grubbs and Randy Robinson (Arrived at 9:11)
Ex Officio Member:
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: John Baines (excused)
OPEN MEETING:
CONSENT AGENDA:
1) Consider a recommendation of an adoption of an ordinance approving the expenditure of
funds for the purchase of one Peterbilt trick for Solid Waste through the Buy Board
Cooperative Network; providing for the expenditure of funds therefore, and providing an
effective date (Bid 4663-Purchase of Peterbilt trick, in the amount of $67,700).
Board Member Gallivan moved to approve item I with a second from Board Member
Grubbs. The motion was approved by a 6-0 vote
Adj ourned at 11:00am
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE PURCHASE OF A PETERBILT
CAB/CHASSIS FOR THE SOLID WASTE RECYCLING PROGRAM AND A PETERBILT
CAB/CHASSIS FOR DENTON MUNICIPAL ELECTRIC BY WAY OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE
(FILE 4663-PURCHASE OF PETERBILT CAB/CHASSIS FOR SOLID WASTE AND
DENTON MUNICIPAL ELECTRIC AWARDED TO RUSH CRANE AND REFUSE
SYSTEMS INTERNATIONAL IN THE AMOUNT OF $147,600).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
4663 Rush Crane and Refuse Systems International $147,600
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 12011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
5-ORD-File 4663
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis at 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative Purchasing Network
for the acquisition of twelve vehicles and/or equipment items for various City of Denton Utility
Departments by way of an Interlocal Agreement with the City of Denton; and providing an
effective date (File 4700-Purchase of Vehicles and Equipment for Utility Fund Departments
awarded to multiple vendors in the amount of $2,119,254.40). The Public Utilities Board
recommends approval (6-0).
FILE INFORMATION
The items listed below reflect replacements of vehicles and/or heavy equipment for the Solid
Waste, Drainage, Electric Metering and Electric Operations Utility Departments. These
purchases were outlined in the Fiscal Year 2010-11 Vehicle Replacement Plan and Fiscal Year
2010-11 Annual Operating Budget. Item 412, the Compact Roller (SW1173) represents an
addition to the Solid Waste Landfill in lieu of renting equipment. Currently, Solid Waste has
been renting a compact roller for nine months. Items 49, 10, and 11 are considered Fleet
additions for the Solid Waste Residential Operations.
Item
Description
Price Ea
Department
Contract#
1
Chev Pickup
$ 16,616.00
Electric Metering
358-
10
2
Peterbilt Dump Trick
$ 126,136.00
Drainage
358-
10
3a
Peterbilt Side Load Refuse Cab
$ 133,043.00
Solid Waste
358-
10
3b
Champion Side Load Refuse Body
$ 89,684.00
Solid Waste
357-
10
4a
Peterbilt Roll Off Cab/Chassis
$ 127,771.00
Solid Waste
358-
10
4b
Galbreath Roll Off Body
$ 37,237.00
Solid Waste
357-
10
5a
Peterbilt Front Load Refuse Cab
$ 132,868.00
Solid Waste
358-
10
5b
McNeilus Front Load Body
$ 102,091.00
Solid Waste
358-
10
6a
Peterbilt Container Trick Cab
$ 69,224.00
Solid Waste
358-
10
6b
G&H Container Body
$ 25,975.00
Solid Waste
358-
10
7a
Peterbilt Front Load Refuse Cab
$ 132,868.00
Solid Waste
358-
10
7b
McNeilus Front Load Body
$ 102,091.00
Solid Waste
358-
10
8a
Peterbilt Rear Load Refuse Cab
$ 125,564.00
Solid Waste
358-
10
8b
McNeilus Rear Load Body
$ 74,332.00
Solid Waste
358-
10
9a
Peterbilt Side Load Refuse Cab
$ 169,588.00
Solid Waste
358-
10
Agenda Information Sheet
April 19, 2011
Page 2
FILE INFORMATION (CONTINUED
Item
Description
Price Ea
Department
Contract4
9b
McNeilus Side Load Refuse Body
$
102,479.00
Solid Waste
357-
10
10a
Peterbilt Side Load Refuse Cab
$
132,169.00
Solid Waste
358-
10
lob
McNeilus Side Load Refuse Body
$
102,479.00
Solid Waste
357-
10
I la
Peterbilt Side Load Refuse Cab
$
132,169.00
Solid Waste
358-
10
I lb
McNeilus Side Load Refuse Body
$
102,479.00
Solid Waste
357-
10
12
JCB Compact Drum Roller
$
82,391.40
Solid Waste
345-
10
$2,119,254.40
Cooperative agreement handling fees and service manuals are estimated at $1,000 and may vary
depending upon the number of purchase orders issued and service manuals required. All of the
tricks are powered by diesel engines with LEV ratings that meet or exceed EPA Standards. In
addition, Item 46 & 9 are Peterbilt Hybrid Diesel Tricks. Item 49, a Solid Waste Hydraulic
Launch Assist Side Loader, is partially funded by the Department of Energy/American Recovery
& Reinvestment Act (ARRA) through the North Central Texas Council of Governments
(NCTCOG).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The City Council approved the replacement schedule for these tricks in the Fiscal Year 2010-
2011 Budget. The Public Utilities Board recommended approval to forward these purchases in
the amount of $2,168,814.40 to the City Council for consideration at its April 11, 2011 meeting.
Subsequently, Purchasing staff has determined that one of the vehicles, a Chevrolet Tahoe 4X4
hybrid should be pulled from the vehicle grouping and quoted individually to obtain the best
value for pricing. Therefore, there is a $49,560 difference in the amount staff is requesting for
Council approval.
RECOMMENDATION
Award the purchase of Utility Fund vehicles and equipment through a Buy Board Interlocal
Agreement contract to the vendors listed below for a total award amount of $2,119,654.40.
ITEM
NUMBER
VENDOR
AMOUNT
1
Caldwell Chevrolet
$ 16,616.00
2,3a,4a,5a,6a,7a,8a
Rush Trick Center
$ 1,281,400.00
9a,10a,11 a,13 a
3b
Heil of Texas
$ 89,684.00
4b,6b
B&C Body Co.
$ 63,212.00
5b,7b,8b,9b,10b, l lb
McNeilus Trick Co.
$ 585,951.00
12
Darr Equipment
$ 82,391.40
Total for Vehicles/Equipment
$ 2,119,254.40
Agenda Information Sheet
April 19, 2011
Page 3
PRINCIPAL PLACE OF BUSINESS
Rush Trick Center, Crane Caldwell Country
San Antonio, TX Caldwell, TX
McNeilus Trick and Manufacturing Heil of Texas
Hutchins, TX Irving, TX
ESTIMATED SCHEDULE OF PROJECT
Darr Equipment
Dallas, TX
B&C Body
Dallas, TX
The purchase and delivery of vehicles, tricks and equipment will occur within 180 days of
purchase order issuance.
FISCAL INFORMATION
These items will be funded from the following account numbers:
Account#
602851605. 131553920
655009645. 1315530100
6605455931. 1315530100
6605465931. 1315530100
6605475931. 1315530100
6605525931. 1315530100
660553593. 1315530100
6605555931. 1315530100
6605565931. 1315530100
6605575931. 1315530100
6605585931. 1315530100
660041592. 1315530100
EXHIBITS
Requisition#
102565
102546
102566,102568
102566,102567
102569,102570
102566,102567
102565,102570
102569,102571
102572,102573
102575,102573
102575,102573
102501
Total Expenditure
Exhibit 1: Price Quotes
Exhibit 2: Public Utilities Board Minutes
Dollar Amount
$
16,616.00
$
126,136.00
$
222,727.00
$
165,008.00
$
235,059.00
$
95,199.00
$
234,959.00
$
199,796.00
$
272,067.00
$
234,648.00
$
234,648.00
$
82,391.40
$2
,119,254.40
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
I AIS-File 4700
Item # 1
QUOTE# 001 CONTRACT PRICING WORKSHEET
End User: CITY OF DENTON
Contractor: CALDWELL COUNTRY
Contact Name: MIKE ELLIS
CALDWELL COUNTRY
Email: MIKE.ELLIS@CITYOF'DENTON.COM
Prepared By: Averyt Knapp
Phone 940-349-8410
Email:
aknapp@caldwellcountry.com
Fax 940-349-8492
Phone 800-299-7283 or 979-
567-6116
Location City & State: DENTON, TX
Fax 979-567-0853
Date Prepared: FEBRUARY 22, 2011
Address: P. O. Box 27,
Caldwell, TX 77836
Contract Number: BUYBOARD #358-10
Tax ID # 14-1856872
Product Description: 2011 CHEVROLET
1500 SILVERADO REG CAB SWB CC10703:
A Base Price Crtions :
X15 2, 16
B Published. Options
Code
Description
Cost
Code
Description
Cost
6400# GVWR, 4.8LV8-
FFV, AUTOMATIC, AIR
CONDITION, AM/FM,
TILT, REAR STEP
BUMPER, FULL RUBBER
FLOOR, SHORT BOX
INCL
CALDWELL COUNTRY
PO BOX 27
CALDWELL,TEXAS 77836
Subtotal H
INCL
C Unpublished Options
D Other Price Adjustments (Installation, Delivery, Etc...)
Subtotal D
o
INCL
E Unit Cost Before Fee
Quantity Ordered
Subtotal E
& Non-Equipment Charges(A+B+C+D)
$16,216
1
$16,216
F
Non.-Equipment Charges
(Trade-In, Warranty, Etc...)
BUYBOARD
$400
G.
Color of Vehicle: WHITE
H.
Total Purchase Price
(E+F)
$16,616
Estimated Delivery
Date:
I
UNIT IN STOCK OR
ORDER 45-60 DAYS
APPX
Item # 2
Rush Truck Center, Crane
PO Box 200105
7THUEUK CHTER San Antonio, TX 78220
877-661-4511
Denton, City of
901-B Texas St
Denton, TX 76201-4354
940-349-7100
Mike Ellis
I Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs.
I Please accept the following proposal.
Customer Proposal
VEHICLE
Make Peterbilt Model 348 Year 2012 Stock Number To Be Determined
Additional Vehicle and Accessories Description To be delivered on or about 913 012 0 1 1
Quote 7 New 2012 Peterbilt model 348,Paccar PX 8 330HP 20k front axle, 46k rear axle double frame with OX 14' Stampede body,
tarper, buckplate, air and electric and pintle hook. Includes Paccar engine Warranty Plan 1 5/200K engine and 51200k aftertreatment
per Paccar warranty agreement. Allison Syr Warranty. Terms Net 30 days from delivery of completed unit to City of Denton. Available
on 6uyBoard Contract #358-10
Quantity
1
Total
Truck Price per Unit
F.E.T. (Factory & Dealer Paid)
Net Sales Price
Optional Extended Warranty(jes)
State Sales Tax
License, License Transfer, Registration Fee
Documentary Fee
Administration Fee
Vehicle Inventory Tax
Additional Taxes
Tire Recycling Program
Battery Disposal Fee
Out of State Vehicle Fee
Total Sales Price
Trade Allowance
f , J
`See DISCLAIMER below'-7 txEA 4' s(
Sales Representative
signature
Purchaser
signature printed name i ~
title date
Accepted by Sales Manager or
General Manager signature printed name
Quote good until 4/3012011 mote: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager of Dealer.
DISCLAIMER: Any order based on this Proposai suhject to Customer executing Dealer's standard fans Retail Purchase Order incorporating above leans. Any documentary fees, state tax, title,
registration
and license fees subject to adjustment and change. Actual F.E.T. to be paid by Dealer, subject to adjustment. Any F E.T. valance will be responsibility of Dealer. Manufacturer has rasarved
the right to change
the pace to Dealer of any vehicle not currently in Dealer's stack, without notice to Dealer. If Quoted Vehicie(s) not currently in Dealers stock, Dealer reserves right to rhange Quotation
Tntai to reflect any
price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory , which is subject to change, {Dealer not obligated to retain any specific vehicles
in stock, nor maintain
any specific inventory level. Dealer shall not he obligated to fulfill Proposal in event quoted vehicle(s) net in stock or availada within requested delivery schedule at time Proposal
accepted. Dealer shall not be
liable for any delay In providing or inability to provide Quoted Ma ice(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer
or Ts without [Fie gross
negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes
in condition
andlor mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer.
$121,461.00
$0.00
$121,461.00
4,625.00
50.00
$126,136.00
$121,461.00
$0.00
$121,461.00
$4,625.00
$50.00
$126,136.00
$0.0o*
Holloway. Hal
printed name
RTC q-3004106
Printed on 2116/2011 at 8:36 PM.
Item # 3A
Rush Truck Center, Crane
s#~ I~ Pd Box 200105
C 7R5 877 San 661-4511m 78220
1
Denton, City of
901-B Texas St
Denton, TX 76201-4354
940-349-7100
Mike Ellis
Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business :needs.
Please accept the following proposal.
VEHICLE
Make Peterbilt Model 320 Year 2012 Stock Number To Be Determined
Additional Vehicle and Accessories Description To be delivered on or about 7/31/2011
Quote 1 New 2012 Peterbilt model 320RH X11.9 Cummins, 20k front axle, 46k rear axle double frame for Commerciaf Side L-
Includes Cummins Plan 1 5/300K engine and 51300k aftertreatment per Cummins warranty agreement. Allison 5yr nty. Terms
Net 30 days from delivery to body company. Available on BuyBoard bid #358-10
Quantity
Truck Price per Unit
F.E.T. (Factory & Healer Paid)
Net Sales Price
Optional Extended Warranty(jes)
State Sales Tax
License, License Transfer, Registration Fee
Documentary Fee
Administration Fee
Vehicle Inventory Tax
Additional Taxes
Tire Recycling Program
Battery Disposal Fee
Out of State Vehicle Fee
Total Sales Price
Trade Allowance
* See DISCLAIMER below
Sales Representative
signature
signature
title
Accepted by Sales Manager or
General Manager
Quote good until 4130120111
$129,718.00
$0.00
$129,718.00
$3,275.00
Customer Proposal; Letter
Total
$129,718.00
$0.00
$129,718.00
$3,275.00
signature printed name
Notts: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager of Dealer.
DISCLAIMER: Any order based on this Proposal subject to Customeraxseudng Dealer's standard form Retail Purchase order incorporating above terns. Any documentary fees, state tax, title,
registration
and license fees subject to adjustment and change, Actual F,E.T, to be paid by Dealer, subject to adjustment, Any F E,T, variance will be responsibility of Dealer. Manufacturer has reserved
the right; to change
the price to Dealer of any vehicle not currently in Dealer's stack, without notice to Dealer. If Quoted Vehicle(s) rot currently in Dealer's stock, Dealer reserves right to change Quotation
Total to refiI any
price increases from Manufacturer. Thls Proposal is based upon Dealer's current and expected inventory, which is subject to change, Dealer not obligated to retain any spedfe vehicles
in stack, nor maintain
any specific Inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle(s) not in stock or available wdhin requested delivery schedule at time Proposal
accepted, Dealer shall not be
liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable centro€ of
Dealer or is without the gross
negligence or Intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle{s). Dealer may adjust Trade Value c(Trade vehicle(s) to reflect changes
in condfL[on
andlor mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer.
-
RTC Q-300-4106
Printed on 2/16/2011 at 8:30 PM.
Item # 3B
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE
BUYBOARD
PRODUCT PRICING BASED ON CONTRACT
Customer:
Product Description:
CITY OF
SEC
A: Base Price in Bid/Proposal Number: 357-10
B: Published Options [Itemize each item below]
Front Mount PTO wl EOS $ 2,750.00
LED Body Lights
EMCO Lift I Faceplate (RH)
Single Strobe Light/ T/G
(3) Hopper 1 work Lights
48" Reach on Lift/ Mast
Body Side Ladder/ Curbside
AWT-3rd EYE Rear Vision System
Subtotal Column 1:
INCL
INCL
INCL
INCL
$1,495.00
$ 5,008.00
Subtotal Column 2: $ 4,121.00
Published Options added to Base Price (Subtotal of "Col 1" + "Col 2")
C: Subtotal of A + B
D: Unpublished Options {Itemize each item below, Not to exceed +25% off Unpublished = 0.02 %
Paint Up-Charge: L4814EB Sirus Whiti $ 1,655-00
DENTON
CHAMPION 36 YD. COMMERCIAL SIDELOADER
R.H. LIFT--EMCO FACEPLATE
Series 48
Addtl. (6) mos. Extended Warranty
$ 1,417.00
Packer Lock-Out Feature
$ 350.00
Top Sliding Hopper Door
INCL
Pack-on-the Go Feature
INCL
Access Door wl step & ladder
INCL
(2) Smart (LED) Amber Lights on TIG
$ 783.00
(2) Flashing Amber LED lights Front
$ 696.00
Clean-out doors/ Front of Body
$ 875.00
Subtotal Column 1: $ 1,655.00 Subtotal Column 2_ $
Unpublished Options added to Base Price (Subtotal of "Col 1" + "Col 2")
E: Contract Pride Adjustment {If any, explain here)
F: Total of C + D + E;Not including Buyboard fee)
i
G: Quantity Ordered {Units x F} # of Units 1
H: BUYBOARD Fee {From Fee Schedules, Table: @ %
I: Non-Equipment Charges & Credits (ie: Ext. Warranty, Trade-In, Cost of Factory trips, etc.)
Subtotal of Non-Equipment Charges
J: TOTAL PURCHASE PRICE INCLUDING (G + H +I)
I NY Gros 41D A ~
300 S. Loop 12 Tom Hafer
Irving, TX 75060 Heil of Texas
www.heiloftexas.com 972-438-6488
3/22/2011
REFUSE
$ 78,500.00
$ 87,629.00
$ 1,655.00
e
$ 89,284.00
$ 89,284.00
$ 400.00
$ P9,.684.00
41112b 11
Item # 4A
Rush Truck Center, Crane
Po Box 200105
'1nc 78220
RUCK CENTER 877-661-451
$123.W.00
$0.00
$123,946.00
$3,775.00
Denton, City of
901-B Texas St
Denton, TX 76201-4354
940-349-7100
Mike Ellis
Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs.
Please accept the following proposal.
VEHICLE
Make Peterbift Mode! 365 Year 2012 Stock Number To Be Determined
Additional Vehicle and Accessories Description To be delivered on or about 7/31/2011
Quote 2 New 2012 Peterbift Model 365 chassis for Roll off. MX Paccar with 71250 Vocational Warranty, Allison 5yr Warranty Terms 30
days net after delivery to Body Company. Available on BuyBoard bid #358-10
Quantity 1
Truck Price per Unit
F.E.T. (Factory & Dealer Paid)
Net Sales Price
Optional Extended Warranty(fes)
State Sales Tax
License, License Transfer, Registration Fee
Documentary Fee
Administration Fee
Vehicle Inventory Tax
Additional Taxes
Tire Recycling Program
Battery Disposal Fee
Out of State Vehicfe Fee
Total Sales Price
Trade Allowance
See DISCLAIMER below
Safes Representative
Purchaser
Accepted by Sales Manager or
General Manager
Quote good until 4/3012011
$50.00
Customer Proposal Letter
Total
$123.946.00
$0.00
$123,946.00
$3,775.00
$50.00
$127,771.00 $127,771.00
$0.00
signature
Hollows Hal
printed name
signature printed name
He date
signature printed name
Note: The above Customer Proposal is a quotation only. Sale terrns subject to approval of Sales Manager of Dealer.
DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard farm Retail Purchase Order incorporating above terms. Any documentary fees, state tax, title,
registration
and license fees subject to adjustment and change. Actual FE,T, to be paid by Dealer. subject to adjustment. Any F.E,T. vajance will be responsibility of Dealer. Manufacturer has reserved
the right to change
the price to Dealerof any vehicle not currently in Daaler's stock, without notice td Dealer. If Quoted Vehicle(s) not currently in Dealer's stock, Deaier reserves right to charge Quotation
Total to reflect any
price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change. Dealer not obligated to retain any specific vehicles
in stock, non maintain
any specific inventory level. Dealer shag not be obligated to fumil Proposal in event quoted vehicle{s) not in stack or available within requested delivery schedule at time proposal
accepted. Dealer shall not be
liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay Is due, in whole or in part, to any cause beyond the reasonable control of
Dealer or is without tlje gross
negtlgenee or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade VehiGe(a). Deafer may adjust Trade Value of Trade Veri cla(s) to reflect changes
in condition
andlar mileage of Trade, Vehicle(s) between date cf current appraisal and acceptance of this Proposal by Customer.
RTC Q-304-06 Po.
Printed on-2/1W91'" w a-1n Dne
Item # 4B
B & C BODY COO
4757 IRVING BLVD. SUITE 106 ,DALLAS,TEXAS 75247
866 794 3226 FAX:214-630-2755 DATE 4-1-2011
E-MAIL : TIKIDWILL a@AOL.COM
CITY OF DENTON ATTEN: MIKE ELLIS
EST. DELIVERY 3 TO 4 WEEKS
804 TEXAS ST. AFTER RECEIPT OF CHASSIS
TERMS NET 30
DENTON,TEXAS 76201
F.O.B. SEE BELOW.
940-349-8434 FAX 940 349-8492
TO BE SHIPPED VIA B & C
SALESMAN TED KIDWILL
IN RESPONSE TO YOUR INQUIRY, WE SUBMIT THE FOLLOWING QUOTATION.
BUY BOARD CONTRACT # 357-10 LINE ITEM # 72 CONTRACT PERIOD 10-1-2010 THRU 9-30-2013
I-NEW GALBREATH MODEL U5-OR-174 60,000# HOIST WITH THE FOLLOWING
2 LEVER INSIDE AIR CONTROLS/ INSTALLED ON TOWER
CYLINDERS REVERSED FOR CLEARANCE ON HN SUSPENSION
BACK UP ALARM
HOT SHIFT PTO WITH MARRIED PUMP
RATCHET HOLD DOWNS WITH RAMPS
AUTO FOLD UP I.C.C. BUMPER
HULK BOLT FRAME MOUNT
STEEL DIAMOND TREAD PLATE FENDERS CUSTOM FITTED FOR CLEARANCE
24" PASSENGERS SIDE MOUNTED TOOL BOX
PIONEER MODEL RP 4500 SARG HYDRAULIC TARPER
WIRE AND PROGRA U ELECTRONIC ENGINE INTO PTO
INSTALLATION OF ABOVE
L.E.D. LIGHTS REAR & SIDE MARKERS
FOR MOUNTING ON1HN SUSPENSION
PRICE $37,237.00
}
NO STATE OR FEDERAL TAX INCLUDED
BUY BOARD PRICING ALL BUY BOARD FEES INCLUDED
CHASSIS MUST HAVE APPROXIMATELY 186" CLEAN C.T.
2,400,000 R.B.M. FRAME RAILS/ CLEAN UNDER & OUTSIDE FRAME RAILS
1$,000# FRONT AXLE, 44,000# REAR AXLES MINIMUM
B & C WILL PICK UP CHASSIS MOUNT HOIST AND RETURN
TO CHASSIS DEALER FOR PREP OR RETURN TO YOUR SHOP OR DELIVERY TO DENTON
THIS QUOTATION IS SUBJECT TO AND CONDITIONED ON THE AVAILABILITY AND DELIVERY OF THE DESCRIBED EQUIPTMENT TO B&C BODY
COMPANY INC, BY THE MANUFACTURER. B&C BODY COMPANY OFFERS NO WARRANTYCOVERAGE OTHER THAN THAT
APPROVED BY MANUFACTURES AT TIME OF FAILURE.
ACCEPTED. The above prices,specifrcations and conditions are satisfactory and are hereby
accepted. You are authorized to do the work as specified.Payment will be made as outlined
above-Please refer to above Quotation Number when placing your order
DATE OF ACCEPTAUCE
BY
~,h-#4 S VIo59. (
UNTIL MATERIAILS
Item #s 5A and 7A
Rush Truck Center, Crane
PO Box 200405
TRUCK CENT San Antonio, TX 78220 Customer Proposal Let-ii
X11 877-6614511
Denton, City of
901-8 Texas 5t
Denton, TX 76201-4354
940-349-7100
Mike Ellis
Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business. needs.
Please accept the following proposal.
VEHICLE
Make Peterbilt Model 320 Year 2012 Stock Number To Be Determined
Additional Vehicle and Accessories Description To be delivered on or about 7/31/2011
Quote 3 New 2012 Peterbilt model 320LH X11.9 Cummins, 20k front axle, 46k rear axle double frame for McNeilus Atlantic. Includes
Cummins Plan 1 51300K engine and 51300k aftertreatment per Cummins warranty agreement. Terms Net 30 days from delivery to
body company, available on BuyBoard Bid 358-10
Quantity 2 Total
Truck Price per Unit
129 543.00
$259.086.00
F.E.T. (Factory & Dealer Paid)
$0.00
$0.00
Net Sales Price
$129,543.00
$259,086.00
Optional Extended Warranty(jes)
$3,275.00
$6,550.00
State Sales Tax
License, License Transfer, Registration Fee
Documentary Fee
$50.00
X100.00
Administration Fee
Vehicle Inventory Tax
Additional Taxes
Tire Recycling Program
Battery Disposal Fee
Out of State Vehicle Fee
Total Sales Price
$132,868.00
$265,736.00
Trade Allowance $0.00*
See DISCLAIMER below
Sales Representative
Purchaser
Accepted by Sales Manager or
General Manager
quote good until 413012011
signature
signature
title
signature
Holloway Hal
panted name
printed name
date
printed name
'j
a
a
Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager bf Dealer.
a1SCEAli Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Purchase Order Incorporating above terms. Ary documentary fees, state tax, He, registration
and license fees subject to adjustrent and change. Actual EE.T. to he paid. by Dealer, subject to adjustment Any F.E.T. variance will be responsibility of Dealer. Manufacturer has reserved
the right to change
the price to Dealeraf any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not curreni in Dealer's stock, Dealer reserves right to change Quotation
Total to reflect any
puce increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change. Dealer not obligated to retain any specific vehicles
in stack nor maintain
any specific Inventory level. Dealer shag not be obligated to fulfill Proposal in event quoted vehicle(s) not in stock or available within requested delivery schedule at time Proposal
accepted, Dealer shall not he
liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inabiily ordelay is due, in whole or in pan, to any cause beyond the reasonable control of Dealer
or is without the gross
negligence or intended misconduct of Deafer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes
in condition
and/or mileage of.Trade Vehiole(s) between date of current appraisal and acceptance of tHs Proposal by Customer. -
RTC 0-300-4106
Printed oQ c, uY201 I At 8:24 PM.
Item #s 5B and 7B
BuyBoard
McNeilus Truck Manufacturing - Dallas
The following detials shall be provided with any.BuyBoad purchase order (Fax Purchase Order to (800}111-5454
Prepared By: Jim Fahey ;
BuyBoard Vendor: McNeilus Truck & Manufacturing Vendor Phone: 214-906-8079
[Address P.O. to:] 11011-45 South Vendor Fax: (972)225-7077
Hutchins TX 75141 Vendor Toll Free
Date Prepared 3/3/2011
Government Agency: CityofDenton Gov. Agency Same
[Ship to:] 1527 Mayhill Rd. [Bill to.-]
Denton, TX 76208
Contacts Name: Mike Ellis Gov. Agn. Phone No: 940-349-7133
Product Description: 40yd. Front load body, CT Pete
1: BuyBoard Contra( 357-10 Price list: 59
II: Base Bid Option: (Itemize Below)
* Hopper work lights - $ 456.00 * Backup camera
* Trplights $ 243.00 * Front mud flaps
* Fire Ext. $ 456.00 * Tool box
* Top mirror
* Body service lift
* Hyd. Pump cover
* Center stop light
* 4" smart lights
S u btotal
III: Subtotal of I + n
IV: Non-Base Options
* Freight
*
*
Subtotal
V
VI Total IV + VI
VII Quantity Ordered Units:
VIII Trade-in or other Credit(s)
Same
G. A. Fax No: 940-566-7303
Base Price S 81,121.00
$ 2,697.00
C '7Q nn
It nQ17 nn
$
31.00
* 5 lb. in cab fire Ext.
$
92.00
$
2,736.00
* Saftey triangles
$
61.00
$
92.00
* Slow down decals-3
$
146.00
$
180.00
* Fork scales
$
9,866.00
$
712.00
*
S
4,906.00
Subtotal
$
13,427.00
Contract List Price
Total
$ 18,333.00
BuyBoard Contract Price:
$ 99,454.00
(Itemize below) NON-BASE _ #DIV/01 %
$2,237.00 BuyBoard Fee $ 400.00
$ - $ - r
$ - $ -
S 2,237.00 Subtotal $ 400.00
Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2) $ 2;637.00
$ 102,091.00
2 X "Ell $ 204;182.00
Ix TOTAL PURCHASE PRICE INCLUDING VII + VIII
Contract effective dat :
Vljllf
1011110 thru 9/30/2013
"-OZ3!~
Fax all Purchase Orders to BuyBoard at (800) 211-5454
$ -
$ 204; 182.00
Item # 6A
Rush Truck Center, Crane
llr= PO Box 200105
San Antonio, TX 78220
'MVCCENTER 877-661-4511
Customer Proposal. Letter
Denton, City of
901-B Texas St
Denton, TX 76201-4354
940-349-7100
Mike Ellis
( Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs.
Please accept the following proposal.
VEHICLE
Make Peterbilt Model 337 Year 2012 Stock Number To Be Determined
Additional Vehicle and Accessories Description To be delivered on or about 7131/2011
Quote 9 New 2012 Peterbilt model 337,Paccar PX 6 200HP 10k front axle, 20k rear axle for future install of ntai~ nertoter.. Includes
Paccar engine Warranty Plan 1 5/200K engine and 51200k aftertreatment per Paccar warranty agreement. Allison Syr Warranty.
Terms Net 30 days from delivery to body company. Available from BuyBoard Contract #358-10
Quantity 1 Total
Truck Price per Unit
$66.449.00
$66,449.00
F.E.T. (Factory & Dealer Paid)
$0.00
$0.00
Net Sales Price
$66,449.00
$66,449.00
Optional Extended Warranty(ies)
$2,725.00
$2,725.00
State Sales Tax
License, License Transfer, Registration Fee
Documentary Fee
_ $50.00
$50.00
Administration Fee
Vehicle Inventory Tax
Additional Taxes
Tire Recycling Program
Battery Disposal Fee
Out of State Vehicle Fee
Total Sales Price
$69,224.00
$69,224.00
Trade Allowance $0.00=
See DISCLAIMER below
Sales Representative Holloway. Hal
signature printed name
Purchaser
signature printed name
r5ck tine date
Accepted by Sales Manager or It
General Manager signature printed name
Quote good until 413012011 Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Safes [Manager of Dealer. j
DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealers standard form Relai! Purchase Order incorporating above terms. Any documentary fees, state tax, title,
raglstratlon
and license fees subject to adjustment and change. Actual FE-T. to be paid by Dealer, subject to adjustment Any F. E.T. variance will be responsibility of Dealer. Manufacturer has reserved
the dght to change i
the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealers stock, Dealer reserves right to change Ouotatien
Total to reflect any
price increases from Manufacturer. This Proposal Ts based upon Dealers current and expected inventory, which is subject to change. Dealer not obligated to retain any sperJfic vehicles
in stock, nor maintain
any spedfic inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehide(s) not in stock or available within requested delivery schedule at time Proposal
accepted. Dealershall not be
liable for any deiay in providing or inability W provide quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer
or is without the gross _
negligence or Intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes
in c6ndittan
andfor mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer,
RTC Q-3004106
Printed on 2/1612011 at 8:41 PM.l
Item # 6B
B & C BODY COMPANY
4757 IRVING BLVD. Suite 106 DALLAS, TEXAS 75247
214-631-2196 800: 866-794-3226 FAX: 214-630-2755
E-MAIL TIKiDWILLQAOL.COM
CELL 817 996 9763 4-1-2011
MIKE ELLIS
DENTOMCITY OF
804 TEXAS ST. DENTON TX 76201
9403494424 FA5L- 940-349-9492
EST. DELIVERY3 TO 4 WEEKS ARC
TERMS NET 30
F.O.B.SEE BELOW
TO BE SHIPPED VIA
SALESMAN TED KIDWILL
IN RESPONSE TO YOUR INQUIRY, WE SUBMIT THE FOLLOWING QUOTATION.
BUY BOARD CONTRACT # 357-10 LINE ITEM #72 CONTRACT PERIOD 10-1-2010 THRU 9-30-2013
1- NEW G & H MODEL 8000 WITH CONTAINER CARRIER & ROTATOR
10 GALLON HYD. TANK FILTER HOSES & FITTINGS
3 LEVER INSIDE AIR CONTROLS
STEEL DIAMOND TREAD PLATE FENDERS
HOT SHIFT PTO FOR ALLISON TRANSMISSION
FORKS FOR FRONT LOAD CANS
OPTIONAL HOOK UP FOR
SIDE LOAD CANS (EMCO STYLE HOOK UPS)
BEHIND THE CAB MOUNTED TOOL BOX
REAR OUTSIDE CONTROLS
L.E.D. LIGHTS
MOUNTED PAINTED FRAME BLACK
CONSPICUITY TAPE
PICK UP AND DELIVERY OF CHASSSIS WITH
DELIVERY OF COMPLETED UNIT TO DENTON
PRICE $25,975.00
ALL BUY BOARD FESS INCLUDED
TAX EXEMPT SALE
TAXES NOT INCLUDED
CHASSIS REQUIREMENTS
84" C.A. AIR BRAKES, 9,000# F.A. / 17,000# REAR AXLE
THIS QUOTATION IS SUBJECT TO AND CONDITIONED ON THE AVAILABILITY AND DELIVERY OF THE DESCRIBED EQUIPTMENT TO B&C BODY
COMPANY INC, BY THE MANUFACTURER. B&C BODY COMPANY OFFERS NO WARRANTYCOVERAGE OTHER THAN THAT
APPROVED BY MANUFACTURES AT TIME OF FAILURE.
ACCEPTED. The above priees,specifications and conditions are satisfactory and are hereby y
accepted. You are authorized to do the work as specified.Payment will be made as outlined
above.Pleasa refer to above Quotation Number when placing your order
DATE OF ACCEPTANCE THIS QUOTATION DAYS,OR UNTIL MATERIALS
A OR S CHANGE
FIRM DENTOKCITY OF
BY B
Item # 8A
Rush Truck Center, Crane
PC Box 200105
San Antonio, TX 78220
877-661-4511
1
Denton, City of
901-6 Texas St
Denton, TX 76201-4354
940-349-7100
Mike Ellis
Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs.
Please accept the following proposal.
VEHICLE
Make Peterbilt Model 365 Year 2012 Stock Number To Be Determined
Additional Vehicle and Accessories Description To be delivered on or about .7131/2011
Quote 4 New 2012 Peterbilt Model 365 chassis for Rear Loader. Cummins X11.9 with 71250 Vocational Warranty, Allison 5yr Warranty
Terms 30 days net after delivery to Body Company. Available on BuyBoard bid #358-10
Quantity
Truck Price per Unit
F.E.T, (Factory & Dealer Paid)
Net Sales Price
Optional Extended Warranty(ies)
State Sales Tax
License, License Transfer, Registration Fee
Documentary Fee
Administration Fee
Vehicle Inventory Tax
Additional Taxes
Tire Recycling Program
Battery Disposal Fee
Out of State Vehicle Fee
Total Sales Price
Trade Allowance
' See DISCLAIMER below
Sales Representative
Purchaser
Accepted by Sales Manager or
$121,739.00
$0.00
$121,739.00
$3,775.00
$50.00
$125,564.00
signature
Customer Proposaf Letter
Total
$121,739.00
$0.00
$121,739.00
3 775.00
$50.00
$125,564.00
$0,00
,g
Hollows Hal
printed name
signature printed name
title date
General Manager signature printed name -
Quote good until 413012011 Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager 91' Dealer
DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealers standard tone Retail Purchase Order incorporating above terms, Any documentary fees, state tax, tide,
registration
and license fees subject to adjustment and change. Actual F.E.T. to be paid by Dealer, subject to adjustment. Any P.E.T. valance will be responalbldty of Dealer, Manufacturer has reserved
the right to change
the once to Dealer of any vehicle not currently in Dealers stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealer's stock, Dealer reserves right to change Quotation
Total to refldct any
price increases from Manufacturer. This Proposal is hased upon Dealer's current and expected inventory, which is subject to change. Dealer not abligated to retain any specific vehicles
in stock, nor maintain
any specific inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle(s) not in stock or available within requested delivery schedule at Brae Proposal
accepted. Dealer shall not be
liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of
Dealer or is without the gross
negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle{s} to reflect changes
in condition
andlor mileage of Trade Vehicle{s) between date of current appraisal and acceptance of this Proposal by Customer.
RTC 0-3004f06
+ Printed on 211612011 at 9:20 PM.
Item # 8B
BuyBoard
McNeilus Truck Manufacturing - Dallas
The following detials shall be provided with any BuyBoad purchase order (Fax Purchase Order to (800}211-5454
Prepared By: Jim Fahey
BuyBoard Vendor: McNeilus Truck & Manufacturing Vendor Phone: 214-906-8079
[Address P.O. to:] 1101 1-45 South _ Vendor Fax: (972)225.7077
Hutchins TX 75141 Vendor Toll Free
Date Prepared .3/9/2011
Government Agency: City of Denton Gov. Agency
[Ship to:] 1527 Mayhill Rd. [Bill to:]
Denton, TX 76208
Contacts Name: Mike Ellis Gov. Agn. Phone No: 940-349-7133
Product Description: McNeilus 25yd rear loader, CT Pete
I: BuyBoard Contrac 357-10 Price List: 29
Same
Same
G_ A. Fax No: 940-349-8492
Base Price $ 48,933.00
II:
Base Bid Option; (Itemize Below)
*
Hopper work lights
$
364.00
*
*
Trap lights
$
243.00
* Front mud flaps
$
78.00
*
Fire Ext.
$
456.00
* Mid body turn signal
$
182.00
*
Back up camera
$
2,826.00
* 5 lb. in cab fire Ext.
$
92.00
*
Back u camera assist lights
$
426.00
* Saftey trian les
$
61.00
*
Side door ladder
$
913.00
* Slow down decals-3
$
146.00
*
Camera monitor mount
$
129.00
* Tool box
$
487.00
*
4" smart lights
$
712.00
* Cart ti epp r-Perkins 6080C-Dual
$
12,131.00
Subtotal
$
6,069.00
Subtotal
$
13,177.00
Co
ntract List Price Total
$ 19,246.00
III:
Subtotal of I + H
BuyBoard Contract Price:
$ 68,179.00
IV:
Non-Base Options
(Itemize below)
NON-BASE _ #DIV/0!
%
*
Buy Board fee
$
400.00
Rear to cab buzzer
$
274.00
*
Broom & shovel holder
$
364.00
Paint body
$
600.00
*
Lindr3/16 inch
$
1,338.00
3.5 'ID upgrade +
$
666.00
*
Dual linkage
$
274.00
Freight
$
2,237.00
Subtotal
$
2,376.00
Subtotal
$
3,777.00
V
Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2)
$ 61153.00
VI
Total 1-V + Vl
$ 74,332.00
VII
Quantity Ordered Units:
}
X "E"
$ 14B6'=0
VIII
Trade-in or other Credit(s
)
$
$ -
ix TOTAL PURCHASE PRICE INCLUDING VII + VIII
Contract effective date: 10/1110 thru 9/30/2013
$
Fax all Purchase Orders to BuyBoard at (800) 211-5454
Item # 9A
Rush Truck Center, Crane
PO Box 200105
San Antonio, TX 78220
877-661-4511
Customer Proposal: Letter
Denton, City of
901-B Texas St
Denton, TX 76201-4354
940-349-7100
Mike Ellis
Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs.
Please accept the following proposal.
VEHICLE
Make Peterbilt Model 320 Year 2012 Stock Number To Be Determined
Additional Vehicle and Accessories Description To be delivered on or about 7131/2011
Quote 6 New 2012 Peterbilt model 320RH ISL9 witlZHLA Cummins, 20k front axle, 46k rear axle double frame for McNeilus
Auto Reach. Includes Cummins Plan 1 51300K engine and 51300k aftertreatment per Cummins warranty agreement. Allison 5YR
Warranty Terms. Net 30 days from delivery to body company. Available onBuyBoard Contract #358-10
Quantity 1 Total
Truck Price per Unit $162,813.00 $162,813.00
F.E.T. (Factory & Dealer Paid) $0.00 $0.00
Net Sales Price $162,813.00 $162,813.00
Optional Extended Warranty(ies) $6.725.00 $6,725.00
State Sales Tax
License, License Transfer, Registration Fee
Documentary Fee
Administration Fee
Vehicle Inventory Tax
Additional Taxes
Tire Recycling Program
Battery Disposal Fee
Out of State Vehicle Fee
Total Sales Price
Trade Allowance
* See DISCLAIMER below
Sales Representative
$50.00
$169,588.00
signature
Ph6DI~
66
signature
title
Accepted by Sales Manager or
$50.00
$169,588.00
$a.oa*
Holloway. Hal
punted name
printed name
date
General Manager signature printed name
Quote good until 413012011 Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager of Dealer.
DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Purchase Order incorporating above terms, Any documentary fees, state tax, title,
registration
and license fees subject to adjustment and change. Actual F.E.T. to be paid by Dealer, subject to adjustment. Any F.E.T. variance will be responsibility of Dealer, Manufacturer has reserved
the rightito change
the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Deaier. If Quoted Vehicle(s) not currently in Dealer's stock, Dealer reserves right to change Quotation
Total to refle& any
price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change. Dealer not obligated to retain any specific vehicles
in stack, nod mslntain
any specific inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle(s) not in stack or available within requested delivery schedule at time Proposai
accepted. Dealer shall not he
liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of
Dealer or is without the gross
negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehida(s). Dealer may adjust Trade Value of Trade Vehidi to reflect changes
in condition
andror mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer.
RTC Q-300-4I0fi
Printed on 2/16/2011 at 8:33 1
Item #s 913, 10B and 11 B
BuyBoard McNeilus Truck Manufacturing - Dallas
The following detials shall be provided with any BuyBoad purchase order (Fax Purchase Order to [800]211-5454
Prepared By: Jim Fahey
BuyBoard Vendor:
McNeilus Truck & Manufacturing
Vendor Phone: 214-906-8079
[Address P.O. to:J
11011-45 South
Vendor Fax: (972)225-7077
Hutchins TX 75141
Vendor Toll Free
Date Prepared .3/3/2011
Government Agency:
City of Denton
Gov. Agency Same
[Ship to:]
1527 Mayhill Rd.
[Bill to:] Same
Denton, TX 76208
Contacts Name: Mike Ellis Gov. Agn. Phone No: 940-349-7133
Product Description: McNeil us 26yd AutoReach, CT Pete
1: BuvBoard Contra(357-10 Price List: 31
II: Base Bid Option: (Itemize Below)
G. A. Fax No: 940-349-8492
Base Price $ 80,391.00
*
Ho er work lights
$
243.00
* Cameras-TG, SS & Hopper-3
$
5,296.00
*
Traplights
$
243.00
* Front mud flaps
$
78.00
*
Fire Ext.
$
456.00
* Shovel & broom holders
$
363.00
*
Top mirror
$
31.00
* 5 lb. in cab fire Ext.
$
92.00
*
Tool box
$
1,156.00
* Saftey triangles
$
61.00
*
Manual TG lock
$
1,764.00
* Slow down decals-3
$
146.00
*
Center stop light
$
180.00
* Pack assist panel
$
2,980.00
*
4" smart lights
$
712.00
* X-wear plates
S
695.00
Subtotal
$
4,785.00
Subtotal
$
9,711.00
Contract List Price
Total
III: Subtotal of I + Il BuyBoard Contract Price:
IV: Non-Base Options
* Arm spill plate
* Autoload
* Arm work light
* Oiita l -t-1c
Subtotal
V
VI Total IV + VI
VII Quantity Ordered Units:
VIII Trade-in or other Credit(s)
$ 14,496.00
$ 94,88700
(Itemize below)
NON-BASE _
#DIV101 %
$ 151.00
BuyBoard fee
$
400.00
$ 2,980.00
$
-
$ 243.00
$
-
$ 1,581.00
Freight
_ $
2,237.00
$ 4,955.00
Subtotal S
2,637.00
Unpublished Options added to Contract Price (Subtotal of Co. I & Col 2)
$ 7,592.00
$ 102,479.00
CD
x "E"
$ 3071,437.00
i
Ix TOTAL PURCHASE PRICE INCLUDING ''VII + VIII $ 307,437.00
Contract effective date: 1011110 thru 9/30/2013
Un
Fag all Purchase Orders to BuyBoard at (800) 211-5454
Item #s 10A and 11A
Rush Truck Center, Crane
PO Box 200105
7HUCK CENTER San Antonio. 1-4511 78220
Customer Proposal Letter
Denton, City of
901-8 Texas St
Denton, TX 76201-4354
940-349-7100
Mike Ellis
Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs.
Please accept the following proposal.
VEHICLE
Make Peterbilt Model 320
Additional Vehicle and Accessories Description
Year 2012
Stock Number To Be Determined
To be delivered on or about 7/31/2011
Quote 5 New 2012 Peterbilt model 320RH X11.9 Cummins, 20k front axle, 46k rear axle double frame for McNeilus AutoReach.
Includes Cummins Plan 1 51300K engine and 5/300k aftertreatment per Cummins warranty agreement. Allison 5 yr erraanty. Terms
Net 30 days from delivery to body company. Available on 8uyEoard bid # 358-10
Quantity 2
I Truck Price per Unit
$128,844.00
F.E,T. (Factory & Dealer Paid)
$0.00
Net Sales Price
$128,844.00
Optional Extended Warranty(ies)
$3,275.00
State Sales Tax
License, License Transfer, Registration Fee
Documentary Fee
$50.00
Administration Fee
Vehicle Inventory Tax
Additional Taxes
The Recycling Program
Battery Disposal Fee
Out of State Vehicle Fee
Total Sales Price
$132,169.00
Trade Allowance
{ ',see DISCLAIMER below
Total
$257,688.00
$0.00
$257,688.00
$6,550.00
§100.00
$264,338.00
$0.00.
Sales Representative Holloway. Hal
signature printed name - -
Purchaser
st lure i
64057
printed name I
sr. is
line date
Accepted by Sales Manager or
General Manager signature
printed name
Quote good until 4!3012011 Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager of Healer.
DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Purchase order incorporating above terns. Any documentary fees, state tax, title,
registration
and license fees subject to adjustment and change. Actual F.E.T. to be paid by Dealer, subject to adjustmenL Any F.E.T. variance will be responslbi6ty of Dealer. Manufacturer has reserved
the right to change
the price to Dealer of any vehicle not currently in Dealer's stock, without nodoe to Deafer. If quoted Vehicle(s) not currently in Dealers stock, Dealer reserves right to change Quotation
Total to reped any
price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory , which is subject to change. Deafer not obligated to retain any specific vehicles
In stock, nor maintain
any specific inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle{s) not in stack or available within requested delivery schedule at Lima Proposal
accepted. Dealer shall not be
liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or In pan, to any cause beyond the reasonable conVol.of Dealer
or is without the gross
negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes
in eon4litien
and/or mileage of Trade Vehicle(s) between date of current appraisal arid acceptance of this Proposal by Customer.
RTC Q-300-4108
Printed on 2/1612011 at 8:27 PM.
Item # 12
` IDJVMR
lECW KPME71h T CCX
TO : City Of Denton
901b Texas Street
76209, TX 76209
Telephone : (940)349-7100
Attention. Mike Ellis
Date : Tuesday, March 08, 2011
Quotation : tz2145
Prepared By : Timothy Zimmerman
FOB Delivered
SHIP TO :
SGe
We are pleased to offer the following JCB product for your consideration. Darr Equipment Co. has been in the
construction equipment business for 55 years and offers the best in parts and service after the sale.
Description of E ui ment
(l) JCB VM75D/P Drum Roller Cummins 80 HP Diesel Engine, Compactor
Canopy (E) ROPS Frame
Vandal Cover (E) Instrument Panel Cover
Manual (E) Operator Manual - English
Work Lights Worklights
Transmission Hydrostatic drive to front drum and rear wheels with traction control
DRUM 68.9 inches width
Diameter 48 inches
COMPACTION
Operating weight
Frequency
Amplitude
Centrifugal Force
Other JCB Equipment
16094 lbs
174012160 vpm
0.07910.031 in
31024118884 ibf
• Leveling Blade Kit (installed)
• Pad Foot Shell and scraper Bar (installed)
Total Equipment And Accessories
:3aV
-0* Total Price : $ 82,391:.40
" r This Machine is available as a Buy Board Purchase contract # 345-1
Terms: Cash, Net Balance, 30 days from receipt of invoice
We appreciate your interest in JCB and Darr Equipment Co., should you have any questions or need more information
please give me a call.
ACCEPTED BY SELLER.
Darr Equipment Co.
8231 John Carpenter Frwy.
Dallas, Texas 75247
NAME
ACCEPTED BY BUYER.
TITLE COMPANY NAME:
(This Quotation expires in 30 days & shall become a contract only upon BY:
tz2145 Page 1 of 2
Exhibit 2
2
3
4
5
6
7
8
9
10
DRAFT MINUTES
PUBLIC UTILITIES BOARD
April 11, 2011
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, April 11, 2011 at 9:02 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present
11
12
13
14
15
16
17 Absent:
18
Chair Dick Smith, Vice Chair Bill Cheek, Phil Gallivan, Barbara Russell, Bill
Grubbs and Randy Robinson (Arrived at 9:11)
Ex Officio Member:
George Campbell, City Manager
Howard Martin, ACM Utilities
John Baines (excused)
19 ITEMS FOR INDIVIDUAL CONSIDERATION:
20
21 4) Consider a recommendation of an adoption of an ordinance of the City of Denton authorizing
22 the City Manager or his designee to execute a purchase order through the Buy Board
23 Cooperative Purchasing Network for the acquisition of fourteen vehicles and/or equipment
24 for various City of Denton Utility Departments by way of an inter-local agreement with the
25 City of Denton; and providing an effective date (File 4700-Purchase of Vehicles and
26 Equipment for Utility Fund Departments awarded to multiple vendors in the amount of
27 $2,168,814.40).
28
29 Board Member Russell stated that we spend so much money on vehicles. Can we not
30 stretch the time on our vehicles a little longer? Everyone is looking for money right now,
31 could we add a year or two to the amount of time we keep a vehicle? Russell was looking at
32 a Peterbilt truck that is being purchased that is a 2012 and is being delivered about July 31,
33 2011. Can we do something to make them last longer, or not buy the state of the art
34 vehicle? Kemler stated that he would talk about some of the vehicles. What staff does is look at
35 several criteria. There are established years and or miles a vehicle is used before it is looked at
36 for replacement. Once it meets the criteria, we also look at the cost of repairs of both the chassis
37 and the body and see if that vehicle is warranted in continuing it in a backup role. If the
38 maintenance is too high, we do replace them. Two of the units actually had to be towed in and
39 have not been repaired. Both have very high repair costs and met the criteria for replacement.
40 Russell then asked about the Tahoe at $49,560. Kemler stated that is a hybrid vehicle it is a
41 12 year old vehicle that is being replaced. It is a sustainable vehicle that we are using for
42 sustainable conversions. Russell went on to ask if it needs leather interior, power seats,
43 power windows ect. Kemler stated it does not, but they do not make them any other way.
44 When you order a hybrid vehicle they make them in the mid to higher trim only. Cheek then
45 questioned that the direction was to buy hybrid? Kemler agreed that the direction is to buy
46 hybrid, and many of the hybrid come in the mid to higher trim line not in the bottom. Cheek
47 then asked who gave the direction to start buying hybrid, just curious. Kemler stated that
Draft Minutes of the Public Utilities Board Meeting
April 11, 2011
Page 2 of 3
1 staff has been buying hybrids since 2002, and couldn't remember who gave that direction. It is
2 part of the sustainable program for alternate fuels. Cheek stated that the Board just needs to
3 know that if staff is going to buy hybrids for the city they are going to come like that, higher trim
4 line. Campbell stated he isn't sure why it is but he purchased a Prius and had to buy a higher
5 trim line for his personal vehicle.
6
7 Grubbs asked if it would be possible to add information in the back up especially for
8 replacement vehicles. What is being replaced, how old it is and how many miles. Howard
9 Martin, ACM Utilities, stated that he knows that we have brought it in the past but not sure how
10 long it has been. Across the city we have replacement criteria that we use in general, not sure if
11 everybody on the board has seen that. We can bring that back and talk about the program that
12 we have in place. The board members agreed that would be a good idea. Russell stated that if
13 we just add it to the binder it would help her. Russell stated that she has no knowledge in
14 commercial vehicles but does understand pickups and Tahoe's. It seems like there would
15 be some dealers that would make the hybrids for Cities and entities so they weren't so
16 expensive. Cheek stated that looking at some of the Peterbilt trucks there are some good
17 prices and the roller is a good price as well, he does have experience in that area. The
18 Tahoe stood out to him as well.
19
20 Cheek then talked about the buy board and how some of our local dealers do not
21 participate in the buy board, so sometimes we don't have the choice of buying local.
22
23 Grubbs asked about three refuse trucks that were on this item, are they replacements or
24 additions. Kemler stated they are actually replacements of some single axle residential tricks.
25 One of our problems in our residential cart programs tricks are becoming too heavy and have
26 been cited for excessive weight. We have had to start bringing the tricks in to dump before the
27 route is complete because of the weight. The efficiency has gone down and staff is trying to
28 bring that back up. The new tandem axle tricks will replace the single axle tricks and the single
29 axle tricks will be used in a backup role this year and next year they will be in front line service
30 for recyclables. Grubbs stated that technically we are increasing the number of vehicles but
31 in reality we just need a different piece of equipment, Kemler agreed. Gallivan stated that
32 he thought at the last meeting with the addition of two vehicles that would be enough, but
33 now looks like we need more. Kemler stated that maybe he wasn't clear enough. He will need
34 a couple more units in the 2012 budget with the assumption that solid waste would get the three
35 that is on the agenda item today. The three light weight tricks will be in the refuse area with the
36 heavier vehicles for residential solid waste pick up.
37
38 Chair Smith asked what do you do with the vehicles that are being replaced. Kemler stated
39 that frequently they are sold. The method they are sold is an on-line auction comparable to e-
40 bay. Kemler stated that he expects to get about $5,000 each for the tricks that had to be towed
41 in. The container trick that is 16 years old we may get $2,500 to $3,000. Occasionally we can
42 change the tricks out by putting a dump trick bed on them to get a second life. Smith then
43 asked about the comment where it says that solid waste has rented a compactor for 9
44 months. In the future Smith would like more information in the write ups, for instance the
45 first question that will come from that comment is how much does it cost to rent the
Draft Minutes of the Public Utilities Board Meeting
April 11, 2011
Page 3 of 3
1
2
4
5
6
7
8
9
10
11
12
compactor rather than buy it. Kemler stated it has been 14 months now; the amount we have
paid to rent is $33, 307. The purchase price is $83,391.40.
Gallivan stated that we are adding about 5 or 6 vehicles to our fleet in recycles and refuse
as a result of the expiration of the contract with the current company. Kemler agreed.
Martin stated that in the future we would have the replacement schedule with the replacement
equipment when it is brought forward to the Board.
Board Member Grubbs moved to approve item 4 with a second from Board Member
Cheek. The motion was approved by a 6-0 vote.
Adj ourned at 11:00am
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF TWELVE
VEHICLES AND/OR EQUIPMENT ITEMS FOR VARIOUS CITY OF DENTON UTILITY
DEPARTMENTS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4700-PURCHASE OF
VEHICLES AND EQUIPMENT FOR UTILITY FUND DEPARTMENTS AWARDED TO
MULTIPLE VENDORS IN THE AMOUNT OF $2,119,254.40).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
ITEM
NUMBER
VENDOR
AMOUNT
1
Caldwell Chevrolet
$ 16,616.00
2,3a,4a,5a,6a,7a,8a
Rush Trick Center
$ 1,281,400.00
9a,10a, l l a,13 a
3b
Heil of Texas
$ 89,684.00
4b,6b
B&C Body Co.
$ 63,212.00
5b,7b,8b,9b,10b, l lb
McNeilus Trick Co.
$ 585,951.00
12
Darr Equipment
$ 82,391.40
Total for Vehicles/Equipment
$ 2,119,254.40
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the Buy Board
for such items and agrees to purchase the materials, equipment, supplies, or services in
accordance with the terms, conditions, specifications, standards, quantities and for the specified
sums contained in the bid documents and related documents filed with the above listed agencies,
and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by Buy Board, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to Buy Board, quantities and specified sums contained in the City's purchase
orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 12011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3-ORD-4700
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Emerson Vorel at 349-7460
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the constriction of a Neighborhood Park and Playground Project for the Preserve at
Pecan Creek and Owsley Park; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4653-awarded to the lowest responsible bidder meeting specification, Redden
Concrete, Inc., in the amount of $320,950).
BID INFORMATION
The project scope for this bid includes the constriction of two neighborhood parks in the
Preserve at Pecan Creek subdivision on Sunray Drive and Owsley Park on Stella Street. The
parks will include playground equipment, walking trails, picnic facilities, landscaping and trees.
The Preserve at Pecan Creek Park will also serve as a trail head for the new Denton Branch Rail
Trail. Owsley Park will be completely renovated with upgraded play equipment with shade
strictures and a picnic shelter for service to the neighborhood food program and City of Denton
summer day camps. The Owsley Park project will not be started until after August 15, 2011 to
accommodate the summer camps.
The City Council adopted Ordinance No. 98-039 on February 17, 1998 authorizing the City to
work with developers to dedicate land for parks and or dedication fees in lieu of land for parks.
Also a Park Development fee is assessed at time of obtaining a building permit on all new
residential developments for the constriction of neighborhood parks. These parks are being
constricted with funds from the surrounding residential neighborhood development of single
family and multifamily apartments.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Park, Recreation and Beautification Board was briefed on concept plans on February 1, 2010
and made a recommendation on April 5, 2010 to name the Preserve at Pecan Creek park site
"Specialist Earnest W. Dallas Jr. Veterans Memorial Park." City Council confirmed the
recommendation for the park naming on May 4, 2010, Ordinance No. 2010-109.
Agenda Information Sheet
April 19, 2011
Page 2
RECOMMENDATION
Staff recommends awarding to the low bidder meeting specification Redden Concrete Inc, in the
amount of $320,950.00. The $320,950.00 includes the following:
The base bid amount of $112,362.06 for the Preserve at Pecan Creek plus the Alternates shown
below:
Item 41- Rail Trail Connector North $ 9,052.50
Item 42- Interior Interior Trail Extensions $33,997.50
Item 43- Shade Pavilion Footings $ 2,602.50
Item 45- Playground Installation $ 8,600.00
Alternate 44 for the Preserve at Pecan Creek in the amount of $22,050.00 for split rail fencing is
not being accepted due to funding shortages.
The base bid amount of $127,091.69 for Owsley Park plus the Alternates shown below:
Item 41-Basketball Court $14,465.00
Item 42-Wrought Iron Fence $ 3,778.75
Item 43-Playground Equipment Installation $ 9,000.00
PRINCIPAL PLACE OF BUSINESS
Redden Concrete, Inc.
Blue Ridge, TX
ESTIMATED SCHEDULE OF PROJECT
The project completion schedule is estimated to be 90 working days. The constriction at
Preserve at Pecan Creek is expected to commence late May, 2011. The Owsley Park project will
not be started until after August 15, 2011 to accommodate the day camps and neighborhood food
program that operate throughout the summer.
FISCAL INFORMATION
The Preserve at Pecan Creek Park will be funded from Account 400102916. 1365.40 100, in the
amount of $166,614.56. The Owsley Park project will be funded by the City of Denton Park
Land Dedication and Development Fees Account 400095916.1360.40100 in the amount of
$118,850 and Account 400095915.1365.40100 in the amount of $35,485.44. Requisition
1002420 has been entered in the Purchasing software system.
Agenda Information Sheet
April 19, 2011
Page 3
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
f>
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
I -.CIS-Bid 4651
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF A NEIGHBORHOOD PARK AND
PLAYGROUND PROJECT FOR THE PRESERVE AT PECAN CREEK AND OWSLEY PARK;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 4653-AWARDED TO THE LOWEST RESPONSIBLE BIDDER
MEETING SPECIFICATION, REDDEN CONCRETE, INC., IN THE AMOUNT OF $320,950).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
constriction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the constriction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the constriction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
4653 Redden Concrete, Inc. $320,950
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for constriction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constriction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3-ORD-Bid 463
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Frank Payne 349-8946
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the constriction of Drainage Improvements for West Prairie Street; providing for the
expenditure of funds therefor; and providing an effective date (Bid 31516-awarded to the lowest
responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of
$150,648.30). (The Public Utilities Board approved this item by a vote of 4-0).
BID INFORMATION
The West Prairie Drainage Improvements Project consists primarily of installing 150 linear feet
of one 10'x5' Reinforced Concrete Pipe Box, 150 linear feet of two 6'x 5' Reinforced Concrete
Pipe Boxes, one Straight Wing Wall, five 20' inlets with rings, 300 linear feet of doweled on
curb, and 40 square yards of riprap. The limits of this project will extend 150 linear feet south of
Prairie Street at Avenue H to the University of North Texas property line running primarily
along the existing earthen channel. A line item description of the project cost is included in the
attached Project Estimate Information Sheet (Exhibit 1).
Bid 3516 is an annual contract to provide miscellaneous concrete related repair and to be used
for small constriction projects. Council stipulated that any projects costing $100,000 or more
that are quoted through this bid must obtain separate Council approval.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Bid 3516 was originally awarded by Council on June 25, 2006 and has been renewed through
June 25, 2011. At its March 28 meeting the Public Utilities Board recommended approval to
forward this item to the City Council for consideration.
RECOMMENDATION
Approve the award of a contract with Floyd Smith Concrete, Inc. in the amount of $150,64830.
PRINCIPAL PLACE OF BUSINESS
Floyd Smith Concrete, Inc.
Denton, TX
Agenda Information Sheet
April 19, 2011
Page 2
ESTIMATED SCHEDULE OF PROJECT
This project will begin upon Council approval and is estimated to be completed within 60
working days.
FISCAL INFORMATION
This item will be funded from account 650089561.1360.40100. Requisition 102435 has been
entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Project Estimate Information Sheet
Exhibit 2: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
I -.CIS-Bid 1516
Exhibit 1
Floyd Smith Concrete, Inc.
P.O. Box 1781
Denton, TX 76202
Phone: 940-565-0114
Fax: 940-382-5691
PROPOSAL
DATE
PROPOSAL...
3/23/2011
2011-159
BILL TO
City of Denton
Accounts Payable
215 E. McKinney
Denton, TX 76201
PROJECT
City of Denton Contract #3516
Drainage Department
Clark 349-7116
West Prairie Drainage Improvements
P.O. NO.
TERMS
Net 10
ITEM
QTY
DESCRIPTION
RATE
AMOUNT
11A
265
CY Structural Concrete(Class A) 5- Sack (BOX
439.20
116,388.00
CULVERTS)
11A
7.5
CY Structural Concrete(Class A) 5- Sack (WING
439.20
3,294.00
WALLS)
1
300
LF Doweled on Curb (with one 3/8" steel bar)
8.34
2,502.00
34C
5
EA 20' Inlet
4,892.34
24,461.70
16
10
EA Ring & Cover (Inlets 24" Locking 124C)
222.38
2,223.80
8
40
SY Concrete Rip-Rap and Drainage Flumes 6"
44.47
1,778.80
E-mail
Total $150,648.30
fscinc1 @verizon.net
Exhibit 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
DRAFT MINUTES
PUBLIC UTILITIES BOARD
March 28, 2011
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, March 28, 2011 at 9:03 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton.
Present: Vice Chair Bill Cheek, Phil Gallivan, Barbara Russell and Bill Grubbs
Ex Officio Member:
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: Chair Dick Smith, John Baines, Randy Robinson (all excused)
ITEMS FOR INDIVIDUAL CONSIDERATION:
5) Consider a recommendation for an approval of Bid No. 3516 to Floyd Smith Concrete,
Inc. for the constriction of the West Prairie Drainage Improvements Project, in an
amount not to exceed $150,64830
Member Russell wondered why this item was not sent out for bid. Frank Payne, City
Engineer, stated that we have an annual contract with Floyd Smith in place. This is an indefinite
quantity contract so this design project meets the terms, but because it is over $100,000 we have
to seek Board and Council approval.
Board Member Russell moved to approve item 5 with a second from Board Member
Gallivan. The motion was approved by a 4-0 vote.
Adjournment was at 10:15 a.m.
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS FOR WEST
PRAIRIE STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 3 516-AWARDED TO THE LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATION, FLOYD SMITH CONCRETE, INC. IN THE AMOUNT
OF $150,648.30)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
constriction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the constriction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the constriction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3516 Floyd Smith Concrete, Inc. $150,64830
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for constriction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constriction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-ORD-Bid 3516
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler 349-8044
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of Retaining Wall Materials for constriction
of the Third Phase of a Screening Wall at Phase 3, Cell A at the City of Denton Landfill which is
available from only one source in accordance with the pertinent provisions of Chapter 252 of the
Texas Local Government Code exempting such purchases from the requirements of competitive
bidding; and providing an effective date (File 4702-Purchase of Retaining Wall Materials for
Second Phase of Screening Wall Installation at City of Denton Landfill awarded to Stone Strong,
LLC in the amount of $128,292.50). The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
In 1996, the City applied to the State to expand its Landfill operation within the boundary of its
property. It was granted a permit amendment to expand the facility in October, 1997. As part of
the permitting process, the City's staff worked with several neighboring land owners to address
their issues concerning the Landfill expansion. A formal agreement was reached with those land
owners which were classified as affected parties. Among the issues that were resolved between
the City and the affected parties was their request that the Landfill daily disposal operations not
be visible from the road (Mayhill Road). The City agreed to provide screening berms and
established a landscaping plan to plant trees in the buffer zone between the west side of the
Landfill and Mayhill Road.
We have been operating in the south portion of Phase 3 since February, 2009. This filling
operation initially was conducted below the surrounding ground elevation. This year the filling
operation has been above the elevation of the Old Edwards Road and Quail Creek Road. An
adjacent property owner has indicated his concern about having to see the Landfill daily
operations. The existing earthen berm that would provide a visual screen for this property owner
is too low. There is not an adequate amount of space in the southeast corner of the property to
build a taller and wider earthen berm using earthen slopes. The alternative is to install a block
screening wall or a packed earth wall. The packed earth screening wall would be visually
undesirable and an unacceptable solution to the neighbors. The packed earth wall has a higher
ongoing maintenance cost than the block screening wall.
Agenda Information Sheet
April 19 2011
Page 2
FILE INFORMATION (CONTINUED)
The screening wall is a multi-phased project scheduled to span multiple years. The initial phases
of the screening wall have been installed. Approximately 700 feet of wall has been installed.
The third phase of the wall installation is scheduled for the spring of 2011. The neighboring
property owner is pleased with the materials selected and the look of the initial wall section. The
third phase will provide this one property owner with visual screening of the Landfill operations.
The additional phases will complete visual screening along Mayhill Road, will meet the TCEQ
site security requirements for the west boundary, and will provide an improved appearance of the
buffer zone along the new expansion of Mayhill Road.
Stone Strong, LLC is the exclusive distributor of Stone Strong Systems in the State of Texas;
therefore, this is a sole source acquisition. Section 252.022 of the Local Government Code
provides that procurement of items that are only available from one source, do not have to be
competitively bid.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The first phase of the screening wall was approved by Council on July 20, 2010 in the amount of
$87,175. The second phase was approved by Council on January 4, 2011 in the amount of
$94,170. At its April 11 meeting the Public Utilities Board recommended approval to forward
this item to the City Council for consideration.
RECOMMENDATION
Award the expenditure of funds for the purchase of Landfill Retaining Wall Materials to Stone
Strong, LLC in the amount of 128,292.50.
PRINCIPAL PLACE OF BUSINESS
Stone Strong, LLC
Lincoln, NE
ESTIMATED SCHEDULE OF PROJECT
Constriction of the Screening Wall is estimated to be completed within three months of receipt
of the materials.
FISCAL INFORMATION
This item will be funded from account 660543592.1350.30100. Requisition 102622 has been
entered in the Purchasing software system.
Agenda Information Sheet
April 19, 2011
Page 3
EXHIBITS
Exhibit 1: Quotation from Stone Strong, LLC
Exhibit 2: Sole Source Letter
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
I AIS-File 4702
Exhibit 1
STS!
STRONG
of TEXAS
TO: DATE: March 30, 2011
City Of Denton
1527 S. Mayhil) Rd REFERENCE: Landfill Screening Wall
Denton, Tx. 76208
PROPOSAL FOR LANDFILL SCREENING WALL
PHASE - III
6,531 square feet of Stone Strong Retaining Wall @ $17.50
Shipping 35 loads @ $400.00 per load
$ 114,292.50
$ 14,000.00
TOTAL AMOUNT $ 128,292.50
This Quote Contains the Following Quantities Based On the Drawings Dated 3/30/2011
- 205 units 24sf blocks
- 25 units 24sf top block
- 68 units 6 sf block
- 51 units 6 sf top block
- 5 units 3 sf block
- 2 units 3 sf top block
- 20 unit corner block
- 4 units end block
If you have any questions in regards to this proposal please give me a call.
Thanks, Jody DuBois 904-389-7583
Jody DuBois -Strong Strong Systems of Texas • Sales/Engineering Manager • P.O. Box 835 • Justin, TX 76247 • ph (940) 389-7583 • fx (940) 648-2958
www.stonestrong.com • jody@stonestrongoftexas.com
Exhibit 2
O ' T NE
43STRONG
ys,te ms
June 16, 2010
City Request
RE: CITY OF DENTON
Denton Landfill Screening Wall
To Whom It May Concern:
This letter is to serve as notification that Stone Strong of Texas is the exclusive
producer of Stone Strong Systems in Texas. Stone Strong is a patented product-,
U.S. Patent No. 6,796,098 and 7,073,304 and the name Strong Systems is a
Registered Trademark. All information pertaining to Stone Strong is copyright
protected as well. Stone Strong has been in business since 2001. Information
regarding Stone Strong can be obtained from the website www.sto estra g.ca
If any additional information pertaining to the use of the Stone Strong Systems is
required, please forward it to my attention for further assistance.
All project specific requests, i.e., engineering and pricing should be directed to
Jody DuBois 940-389-7583, with Stone Strong of Texas.
Sincerely,
~rJohn Gran
President
Stone Strong, LLC
S ,rF~in ,Sts .
Sete r P:
L I r3 r,~ [ rt ~f~ ~i8
0rf 402 4'34 5 S
Exhibit 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
DRAFT MINUTES
PUBLIC UTILITIES BOARD
April 11, 2011
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, April 11, 2011 at 9:02 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present: Chair Dick Smith, Vice Chair Bill Cheek, Phil Gallivan, Barbara Russell, Bill
Grubbs and Randy Robinson (Arrived at 9:11)
Ex Officio Member:
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: John Baines (excused)
OPEN MEETING:
CONSENT AGENDA:
2) Consider a recommendation of an approval of the acquisition of retaining wall materials in the
amount of $128,292.50 from Stone Strong of Texas, Inc. of Justin, Texas, for the constriction
of a screening wall to screen the landfill operation in Phase 3, Cell 3A from Mayhill Road
which is only available from one source in accordance with the pertinent provisions of Chapter
252 of the Texas Local Government code exempting such purchases from provisions of
competitive bidding.
Board Member Gallivan moved to approve item 2 with a second from Board Member
Grubbs. The motion was approved by a 6-0 vote.
Adj ourned at 11:00am
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF RETAINING WALL MATERIALS FOR CONSTRUCTION OF THE
THIRD PHASE OF A SCREENING WALL AT PHASE 3, CELL A AT THE CITY OF
DENTON LANDFILL WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE
TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM
THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 4702-PURCHASE OF RETAINING WALL MATERIALS
FOR SECOND PHASE OF SCREENING WALL INSTALLATION AT CITY OF
DENTON LANDFILL AWARDED TO STONE STRONG, LLC IN THE AMOUNT OF
$128,292.50).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4702 Stone Strong, LLC $128,292.50
SECTION 2. The acceptance and approval of the above items shall not constitute
a contract between the City and the person submitting the quotation for such items until
such person shall comply with all requirements specified by the Purchasing Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of 12011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
5-ORD-File 4702
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349-8595
Mike Ellis at 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance approving the expenditure of funds for the purchase of
Software Upgrades to FASTER Fleet Management software and Annual Maintenance for
continued vendor support from only one source in accordance with the provision for State Law
exempting such purchases from requirements of competitive bids; providing for the expenditure
of funds therefor; and providing an effective date (File 4568-Purchase of Software Upgrades and
Annual Maintenance for FASTER Web Software Package awarded to CCG Systems, Inc. in the
amount of $98,000).
FILE INFORMATION
Fleet Services utilizes FASTER Fleet Management software to manage the shop floor, financials,
fueling, repair parts operations and asset replacement scheduling. The current version has been
in use for ten years. The vendor has released a new version that is a complete rewrite of the
software using the latest Microsoft NET technology. As a result, the vendor is phasing out the
version currently used in Fleet Management. Fleet Services must upgrade or purchase a new
software system to prevent the risk of an unsupported software system.
Fleet Services desires to continue using the FASTER Fleet Management system. FASTER
offers the best functionality at the lowest total cost. In addition, FASTER provides integration
with EJ Ward Fuel Management systems, JD Edwards financial system, a self-serve motor pool
system and NAPA parts inventory contractor systems. The total cost for the software upgrade is
$122,700 for software licenses and professional services.
NAPA repair parts contractor will share the cost of the upgrade by providing $42,700 towards
the software and professional services. NAPA is in the first year of a seven year contract. This
upgrade will provide more efficient operations for NAPA and provide the metrics needed for
contract compliance. Therefore, the total expenditure for Fleet Management is reduced to
$80,000 for the Faster Web Software Migration.
Upon completion of the Faster Web Software Migration, annual maintenance costs of $18,000
will be due. If there are any months from the current Faster Annual Maintenance agreement
remaining, these will be credited to the new costs and the balance adjusted accordingly.
Agenda Information Sheet
April 19, 2011
Page 2
FILE INFORMATION (CONTINUED)
CCG Systems, Inc. is the exclusive distributor of the FASTER Fleet Maintenance software,
annual maintenance and vendor support of the FASTER Maintenance software modules;
therefore, this is a sole source acquisition. Section 252.022 of the Local Government Code
provides that procurement of items that are only available from one source, do not have to be
competitively bid.
RECOMMENDATION
Award to CCG Systems, Inc. in the amount of $98,000 for the Faster Web Software Migration in
the amount of $80,000 and annual maintenance costs of $18,000.
PRINCIPAL PLACE OF BUSINESS
CCG Systems, Inc.
Norfolk, VA
ESTIMATED SCHEDULE OF PROJECT
The upgrade will be completed within six months from contract signing. Annual software
maintenance is being prorated for date of conversion through October 31, 2011.
FISCAL INFORMATION
Funding for this item is budgeted in the Fiscal Year 2010-11 Fleet Management Operating
budget account 820100.6322 in the amount of $80,000 and account 820100.7804 in the amount
of $18,000. Requisition 102524 has been entered in the Purchasing Software System.
EXHIBITS
Exhibit 1: CCG Systems, Inc. Contract
Exhibit 2: Sole Source Letter
Respectfully submitted:
0
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
I-.CIS-File 4568
Exhibit 1
FASTER Asset Solutions, hereinafter referred to as "FASTER", agrees to grant to the City of Denton,
hereinafter referred to as "'Customer", and Customer agrees to accept from FASTER in accordance with
the following germs and conditions, a permanent non-exclusive single site license for use of FASTER
proprietary software as details I in Schedule A.
CTS
FASTER Fleet Management System for Web as detailed in Schedule A, and shall be
performed within the time periods prescribed therein
As listed in Schedules and B, and shall be performed within the time periods prescribed
therein
As listed in Schedules A and B, and shall be performed within the time periods prescribed
therein
Thy Customer must provide FASTER with a purchase order within 30 days of contract execution.
Payment is due on all standard software and services in accordance with the following schedule and
as described in this agreement approved by FASTER and Customer:.
Receipt of Purchase Order Net 30 days 50% of
Software/Services
Go-Live on FASTER Software Net 30 days 50% of
Software/Services
System Acceptance of the FASTER basic software will be initiated from a joint plan and checklist
prepared by the FASTER Project Manager and Customer's implementation team as part of phase
one installation and training. This plan and checklist will be updated with outstanding issues as
Customer's personnel gain both knowledge of and experience with the system. The FASTER request
for system acceptance will be presented to Customer after a review of the system's performance
M
and based upon the outstanding issues provided by Customer. The review will include a checklist
of the features and functionality of the FASTER system, interfaces, and customizations, upon
acceptance of these items, Customer will formally accept the basic FASTER System and provide
final payment to CCC Systems, Inc.
Payment is due on all delivered customized software and services in accordance with the following
schedule:
Customized Software/ Services Net 30 days 100% upon Delivery
Accounting Extract
Fuel Automation
Customer recognizes that the computer programs, system documentation manuals, and other
materials supplied by FASTER and that FASTER has communicated to Customer, are subject to the
proprietary rights of FASTER, Customer agrees that the programs, documentation, and all
information or data supplied by FASTER in machine-readable form are trade secrets of FASTER, are
protected by civil and criminal law, and by the law of copyright, are very valuable to FASTER, and
that their use and disclosure must be controlled. Customer further understands as communicated
by FASTER that operator manuals, training aids, and other written materials are subject to the
copyright act of the united States.
TITLE: FASTER retains title to the programs, documentation, information or data furnished by
FASTER in machine-readable farm, and training materials. FASTER does not retain title to operator
manuals and other materials bearing the FASTER copyright notice, but these items shall not be
copied except as herein provided.
Customer shall keep each and every item to which FASTER retains title free and clear of all claims,
liens and encumbrances except those of FASTER; and any act of Customer, voluntary or
involuntary, purporting to create a claim, lien, or encumbrance on such an item shall be void.
The computer programs and other items supplied by FASTER hereunder are for the sole use of
Customer and Customer's employees/agents.
1. 71 IVI ' 7" Customer agrees that while this license is in effect or while it has
custody or posses-,inn of any property of FASTER, it will not directly or indirectly lease, license,
sell, offer, negotiate, or contract to provide any software similar to that supplied under this
R ?
license for any third party, but this clause shah not be construed to prohibit Customer from
acquiring, for its own use, software from third parties..
2. COPIES. Customer understands that it is able to make regular backups of all programs and
data. Customer agrees that while this license is in effect, or while it has custody or possession
of any property of FASTER, it will not:
a) Copy or duplicate, or permit anyone else to copy or duplicate, any physical or magnetic
version of the programs, documentation, or information furnished by FASTER in machine-
readable form.
b) Create or attempt to create, or permit others to create or attempt to create, by reverse
engineering or object program or otherwise, the source programs, or any part thereof, from
the object program or from other information made available under this license otherwise,
(whether oral, written, tangible, or intangible). Customer may copy for his own use, and at
his own expense, operator manuals, training materials, and other terminal copies made for
their distribution.
. L _C C To assist FASTER in the protection of its proprietary rights, Customer shall
permit representatives of FASTER to inspect, at all reasonable times, during normal business
hours of customer, any location at which items supplied are being used or kept.
4. DEMONSTRATIONS: [due to the proprietary nature of I=ASTER's Fleet Management System,
Customer agrees not to demonstrate this system to any competitors, or consultants that work
with competitors, of FASTER.
The Customer's rights to use the programs, documentation, manuals, and other materials supplied
by FASTER under this agreement shall not be assigned, licensed, or transferred to a successor,
affiliate or any other person, firm, corporation, or organization voluntarily, by operation or law, or
in any other manner without the prior written consent of FASTER, which shall not be unreasonably
withheld.
If Customer attempts to use, copy, license, or convey the items supplied by FASTER hereunder, in
a manner contrary to the terms of this agreement or in competition with FASTER or in derogation
of FASTER's proprietary rights, FASTER shall have, in addition to other remedies available to it, the
right to seek injunctive relief enjoining such action.
For ono- (1) year following installation, FASTER will design, code, check out, document, and deliver
promptly any amendments or alterations to the software that may be required to correct errors
pt ~ ~
present at the time of acceptance. This warranty is contingent upon Customer advising FASTER in
writing of such errors within one (1) year from installation as defined herein.
Following the warranty period Customer may continue to receive FASTER's software maintenance
by Customer's execution of FASTER"s then standard agreement and payment of FASTER'.s then
current charge for such maintenance.
Except for the express warranties stated in paragraph IV. A. above, FASTER disclaims all warranties
with regard to the FASTER product sold hereunder, including all implied' warranties of marketability
and fitness and all obligations or liabilities on the part of FASTER for damages including, but not
limited to, consequential damages arising out of or in connection with, the use or performance of the
system. In the event FASTER shall fail or refuse to perform any obligation hereunder, FASTER shall
be in default (herein so called). In the event of default by FASTER, if such default shall be continuing
after ten (10) days notice and a reasonable opportunity to cure, Customer may exercise any right or
remedy available to it by law, equity, contract or otherwise, including, without limitations, the right to
terminate the agreement. The remedies provided herein are cumulative and may be exercised
concurrently. The exercise of any remedy provided herein by customer shall not, in any instance, be
deemed to constitute an election of remedies by Customer.
To the maximum extent permittod by applicable law, in no event shall FASTER or its suppliers be
liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including,
but not limited to, damages for; loss of profits, loss of confidential or other information, business
interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of
reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in
any way related to the use of or inability to use the FASTER components or the support services, or
the provision of or failure to provide support services, or otherwise under or in connection with any
provision of this ELILA, even if FASTER or any supplier has been advised of the possibility of such
damages.
Customer agrees that FASTER's liability, and that of its officers, directors, employees, agents and
subcontractors to customer or any third party due to any negligent professional acts, errors or
-missions or breach of contract by FASTER will be limited to an aggregate of FASTER's total fee.
Ti-Js agreement cannot be assigned without prior written consent of FASTER. Any attempt by
Customer to assign any of the rights, duties, or obligations of this agreement without such consent is
void.
This agreement can be modified by a written agreement duly signed by persons authorized to sign
agreements on behalf of Customer and of FASTER, and variance from the terms and conditions of this
agreement in any order or other written notification from the Customer will be of no effect.
I J L
If any provision or provisions of this agreement shall be held to be invalid, illegal, or non-enforceable,
the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
Neither party shall be liable in damages or have the right to terminate this agreement for any delay or
default in performing hereunder if the delay or default is caused by conditions beyond its control
including but not limited to Acts of God, Government restrictions, wars, insurrections and or any other
causes beyond the reasonable control of the party whose performance is affected.
This agreement will be governed by the laws of the State of Texas and is performable in Denton
County, Texas. Sole and exclusive venue for any action related to this agreement shall be in courts of
competent jurisdiction in Denton County, Texas. The Customer acknowledges that he has read this
agreement, understands it, and agrees to be bound by its terms and conditions. Further, the
Customer agrees that it is the complete and exclusive statement of the agreement between the
parties, which supersedes all proposals or prior agreements, oral or written, and all other
communications between the parties relating to the subject matter of this agreement.
The source code to all FASTER Fleet Management software is kept at the FASTER offices in Virginia
Beach, VA.
Notice:
All notices, demands, and other communications required hereunder shall be in writing, and shall be
deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic
facsimile, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States
Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows:
FASTER Asset Solutions
Jeannine Youngs
2700 International Pkwy, #300
Virginia Beach, VA 23452
Telecopy: (757)217-9710
City of Denton
Mr. George C. Campbell
215 McKinney
Denton, TX 76209
Telecopy(940)349-8492
This agreement may be terminated by City at any time, at its sole election, by providing notice to
FASTER and intentionally disabling the software described in this agreement to the reasonable
satisfaction of FASTER:, and returning the manuals and other written materials in customer's
possession provided to customer by FASTER,
AGREED TO:
City of Denton, TX:
By'
George , Campbell, City
Manager
Gate:
Telephone:
FAX :
Attest :
Jennifer Walters, City Secretary
By:
Approved as to Legal Farm:
Anita Burgess, City Attorney
By:
FASTER Asset Solutions-
By: a dt.~ _1
Title: rDate;
Telephone: h
FAX: '
,~~e~-
11v~Yf
~
dti~~
~~~~dWe„A Agr~~~~~~~~~ ~~~7119
1„ PRICING'
City of aentan, TX
004: Server License for 1001-2000 Assets
I
100: Web Ccaneurrent 9Jser L%cense
17
201: Fuel Automatian (Consists af 2 web
ser-vices +nrith Ward - Fuel anc[ Meter
Readirrg Corasurner and Master Asset List
1
R'rovider. A detailed descripti€an of the
wer~ inciuaed beiQw)
300: Migratian Data Conversian
1
404: Migraticsn Praject Management
1
410; Turnkey Instalfation
1
411; Consultatiue Services/Key USer
~
Tra'[ning
413: Go Live
1
601: Aeeounting Extract
1
607; Napa TAMS2 Web Integration( a
detailed description of the t3utsaurced
Parts Consumee ana Provider for NAPR is
1
icrcluded beIQw)
608: Agile Motor PoQI Integration{Fleet
1
Corrrmander}
TO"l"A LSr
AmcaUnt Due From NAPA upon contract
execukian
Amrsun# Due Fram th~ ~ity of Denton per paymaenC ;
terms noted her+ein
f
$32,000.00 8,000,00 $24,000.00
$51p000'.00 ~ `$12p750.00 $347VG..TV.0U
$15,000.00 -ql 2p000.00
$3/000.00
$18,000,00 --$3f4.50.00
$14,550.00
$9,000,00
$9to0o.o0
$6,600.00
$6,600.00
$10,700.00
$10,700.00
$6,600.44 $6,606,00
$10,400.04 $10,000.00
,
i
,
$15,000.00 -4s15,000.00 No Charge
$15,000.{}0 -$15,000X0 hJr Charge
$1$8,900.00 $66,200g00 **$122,700.00
-42, 700.0d
$80,40{) e ID i7h'
,I
~,~r51 $ 0a~,'' °~~~~~p~°'4
k M~ ~ q~~ t r \
~4J: O~ I)11e9 ~13~+~
~ ~ ~ ~ ~ ~ en-~ ~ E N 107 19
Annual SuPPork after Switch Date
(This annual support fee requires F,4STER 1Nirt avi91 nQ @anger be en use.) FASTER VVeb annual
$18, (}00. 0Cl
suppart fee vuill kae due 310 days after switcla date. P,ny mnnttas rernaining on FASTER Win
support will be prQrated and then deducted fram the first year of FASTER Web support.
"Note,
The discounts above ar@ in exchange for a ccntract being fina[ized and implementation starting May 1
and the FASTER Web system going-live between August 1, and Septeenber 30, 2011 at FASTER's
discretiorr.
H. INTEGRA TIONS
1} Fuel Autoenation (EJ W'ard,)
a. FASTER vuiGt provide a set of passive web seruices that ti+vill aIlow the Gity of [7enton`s fuel
system vendor, Vllard, to interact with data in FASTER Web via vueb services. It will be
up to the fuel system vendor tQ create an appfication khat sends Fuel and Meter readings
and reads Assets as described bel6w.
i. Ward`s system will send Fue1 Transactions antl Meter Readings to FASTER via Fuel
and Meter Reading Consurr►er
1. Fuel Ts-ansactions include:
a. Assetf procfuct, cost, quantity, driver, date/tfine of transaction,
purnp inforrrration
2. Meter Readings include
a. Meter type, meter reading
H. 'alPartJ`s systeerr wilC reatl a list of assets via Master Asset List Provider
1. The Asset L►sk Provider allows the Fo1lowing infarmatiorr to tae queried from
FASTER 1Neb via web services
a. Birth Certificate
1, Intludes: Asset number, Class, Year, Make, MQdel
b. Meters
1. Includest Meter Type, Gurrent Reading
c. Fuel
1a Includes; Fuel Type, Capacity
cf. Rreventive Maintenance
1, Includes: PM Type! P'M Cyclef Next Due, Previous Completed
e. Warranty
1. Includes: Warranty T'ype, Status, Expiration
f. Acquisitian
1. Includes: Acquire Date
g. Engine specifics
h. Transmission speciflcs
i. Service Actions
a
~
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4
, 9m~~~~~~~du~~ ~ ~~~~~ernent DEN10'719
2} Napa TANiS2 1Neb-services Integration
a, Requirernents to be fulfilled by FASTER for the Napa TAMS 2Web Integratian (FASTER
system will passiuely receive transactions from TA.MS 2)
i, FASTER Web Services Consumer and Prouider for NAPA
1. Below are the requirements for the web servECes that FASTER Asset
Soluticans will build in order to fulfill the C4ty of C?entQn's needs for an
interFaee between FASTER Web anci NAPA.
2. NAPA. vvifl provitle items identified in the ~ectiQn labeled k'Requirerrients to
be fulfilled by NAPA" in order in order to successfully pass ar read parts-
related' data ta or fre+m the FASTER vveb services.
ii. The FASTER Web Service will a{{ovu the follcawing actions with parts related infor-
mation :
Parts Transactians
Any of the following part transactions prcacessed through the NAPA TAMS 2 system
wi1G be able to be passed ta FA,STER Web
2. Issue Parts ta a Work flrder or Direct Charge
a. Mark up is applied ka}r FASTER: Web at the time of issue
b, ,Assoeiated core charges are issued
3. Return Part from aWork Order or Direct !Charge
4. Tssue a Part Credit
5, Shaciov,r Inventory
a. Definiti4n: a cnirror irraage af the NAPA Storeroorrr sent to FASTER
Web on a scheduled basis, The Shadow Inventary will be useti to
know if a part is on hand to be requested and far repr,rting on the
current state of the store raom
b. Data sentto FASTER Web on a schedu9ed basis
1. New part records:
1. Part Identificatifln Informatiota (Part Number, Part De-
scriptican, Plus other minimum required fields)
2. Quantity on hand
3. Cost of part
2. Changes to existing part records:
1, Quantity can hand
2. Gast of part
M~~~~~~it~~~k4:..~6~~~i1~~}
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b, Requirements initia(ly requested by aenton that NAPA indicated are not avaikable
for interfaeirrg
i. Part Orders
H. Rart Receipts
iii. Inventory A,djustment via FASTER
Additianally, on-site NAFA personnel within the City of Derrton storeroom will be utilizing the
proprietary TAMS Zsystem as their primary parts processing software.
c. Requirements to be fulfilled by NAPA
i. NAPA wPll be responsikrle for specifying artd developing a process to move parts
transactiana1 and inventoryarelated data for the City af Denton frorri the TAMS Z
software into the FA.STEFtWeb d'atabase at fimely intervals.
3) FleekCommander Motor Pcaol Inkerface
a. FASTER will provide a set af passive web services that uvill allaw FleetCommander to in-
teract with data in FASTEFt V4'eb via vveb services. It will be up to FleetCcammantler to
create an application that sends Meter R,eadings ko FASTER 1Neb and cor►sumes Assets
using the web services describeti below.
i. FIeetCamrraander +nrill send Meter Readings to FASTER via Fue➢ and Meter Reading
Consumer
1. Meter Readings
a. Including: Meter type, meter reading
ii. FleetCommander will rea;ci a list of assets via Master Rsset List Provider
1, The Asset Lfst Provider a9lows the following information to be queried from
FASTER 1Pu'eb via web services
a. Birkh Certifiicate
1. Includes: Asset number, Class, Year, Make, Model
b, Meters
1. Inc[udes: Meter T"ype, Current Reading
c. Fuel
1. Includes: Fue1 Type, Capacity
d. Preventive Mainteraance
1. Includes; PM Type, PM Cycle, Next Due, Previous Cnmpleted
e. Warranty
1. Includes: Warranty Type, Status, Expiratican
f. A,cquisition
1. Inclucles: Acquire date
g. Engine specifics
h. Transmissican specifics
r~~~~`~~~~'•~~°~~~~~~~~~a~~~~~t~'~
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4) Accaunting Extract
a. FASTER will create a one way accounting extract frorri FASTER Web that makches the
City of [3entorr's current FASTER Win bi{{ing processes,
111,DATA MIGRATION FROrVi FASTER WIN TIO F
The FASTER Win to FASTERWeb LeveI 5 tiata migratican is a cQnversion process that provides khe data
transfarmation necessary ta move data element~ that originated in FASTERWin and are critical for
Fleet in rr►akgng decisions ta effciently run their organizations.
FASTER Web and FASTER +JVin are two diffFerent solutions that bakh prQVicie data to similar
functionality from different data structures. We have enharrced the FAST'ER `uWeb data#aase by adding
norma{ization to enhance data integrity and efficienk data storage (detai4s pravwded in atidendum).
Yhe data rnigration wr11 areak dovvn the data into four categories:
i. Header and transactior►al records that involve cost artd quantity levefs where valid recards
are converked one ta one and will resu{t in overall rnatching values
2. Subordinate records that are conuerked and require data transfcrrmation, same decisiQns wiil
be necessary by the customer as to haw it is presented in FASTER Web
3. Data elements that are stored in current forrriat for potential future functionality %n FASTER
Web
q.. Data eCements that do not converk based mn fegacy coding structure or improued daka
storage efficiency in FASTER
FASTER. shall employ best efforts to achieve migrakiort of a41 criticaI data from FASTER. Win to FASTER
WeL. Howeverr, if your staff feels that certain data elements need to be converted that are outside
the standard rnigration, we wiN create a place holder for those critical data elernents in a custom data
schema far future access. Any custorner re{ated decisiQn-makfng for the eonversion must be
ccrrripleteci in a timely manner so that all conversi4n operati4ns can be completed prior to the
production ga-live. If the required decisicons are not eompleted and the conversion proceeds, it
cannolc be re-converted after go-live.
Ek
~~~~~~Ld~~ ~ ~~~eenient DEN10719
~ aatabase Server Hardware
0 Dual Quad Ccare Intel Xeon X5450, 2x6 MS Cache, 3.0 GHz, 1333 FSB
a 8 G~ @ 667 MHz Ram
• 146 GB RPM Primary Nard Drive
• Gigabit Ethernet Adapter (NIC)
9 aVL@ROM Drive
' Client
* Intranet/Broad Gand Acpess
* Micrasoft IE 7
* Microsoft fVET Framework 3,5 (Technician UVorkstation)
i~ t 6 il y Mj~
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!i'~ d Bu ~ t y (.;~.r D e ri t o r'G y T'X ~ ~ ~ER W e b M i r" ~ ~ i o n P ~ a ~i
~=._';46'ir~,:; ~-~",ues Wili AT'))~:~~ set ~~~rt of the pra~ie~~ ~~~~~off ~~~etin~~~ ~~~per"a~,~~~on
t~~~ f h P 4`i ~o rD e i., . ~ ~ a i -i.)
,
• Create Project Plan
0 Project Planning Conference Ca11
FASTER: Accountinq Extract Requirements Questronnaire provided
~
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+ aENTUN: Remote CQnnectivity lfalidation
0 Project Kick Off Conference CaII
• Data Mapping and Excepkions Kick-dff Meetirag
• LENTON: 1Vetworicing Fiardware 1Norksheet Completed
I
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• Active Issues Conference Call
a Rerraote Fleet Gonsultatian. Asset D4main
* Active Tssues Conference Call
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• Remote Fleet Consultation: llendors
; RerrYote Fleet Consultation: Inventory Domain
• Active Issues Conference CaI1
a Remcate Fleet Consultation: Maintena,nce Dornain
• DENTON: Csata Mapping and Exceptions aocument submissian
• Active Issues Conference Call
• Remcrte Fleet Consultation: Reports [3omain
« Remote Fleet Consultation: Accourrting Romain
,
• Active Tssues Conference Call
= Ftemote FCeet Consultation: Security and 5et Up
• aENTON,° Accatrnting Extract Requirements Questianrraire
De1iverr}A & sign-off
0 .Active Tssues Con€erence Call
• Remote Fleet Consultation: Fuel aomairr
a Active Issues Confererrce Call
0 Remote Installation (FASTER Web Core Product / Web Services)
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• WARD delivers fuel integration
• Active Tssues CQnferenee Call
a FASTER / Ward iuef integratian ecnfiguration and testing
« an-Site Fleet Consultatian
• Active Issues Conference Call
• Key l.4ser Training: Security and Set Up
• Key User Trainirag. Assct Domain
• Key User Training: Fuel Management
* A,ctive Issues Conference CaII
• Key lJser Training: Vendors
• Key User Trairring: inventary Domain
a Active Issues Coraference Call
• Key User Training: Maintenance Domain
a Key User Training: Technicians Workstaticn
* lfey User Training: Shop FI4or Manager / Customer Partal
i
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'Schedule B A-p; en,`~ er9 t. No. DENJ_ 0 1.. `9
• Active Issues Conferertce Call
• Key User Training: Accounting Domain
4 Key User Training: Reparts aomain
0 Migration Database Dema
• FASTER: Migration aatabase delivered
i
• fietive Issues Conference Cai{
F.4STE,R: Accaunting Extract L7eIivety
DENTQN: Migratrorr Database signFoff
C3ENTC3N: Fuel Irrtegration sigra-off
C?ENTON: Accountirrg Extract sign-off
• Active Tssues Conference Ca11
• On-Site End User Training
a Go-Live Database Delivered
~ On-Site Go-Live
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• Notice of Acceptance on Migration tQ FASTER Web
• (The fc►Ilowing items will be planned for pQst-go-live instaliation.)
• Fleet Comrrrander Integration
TBU TBD
~ NAPA TAMS2 Integrakion (FA'STER prefers to have the 9VAPA
integration as part of the above systern ga-live. But this
integration can be irnplemented after go-live.) T617 TBC►
~Forall _~~~egraflony: third g~~~~~ v~~~~or'~ ~ar~~~~~~~~on, ~~~~~nd thc~~~ ~~~~rd
Jtt,.:rbr~ ~~~~~~dor'~ wiffing~~~es;~; co.~~~~~t pti°~~~~ ~~~ourcese To that end., FAUER will coordinate direct.hi
C~y$II'~~,•~ shti@d ~,~art!~ R endor% II.J`ut i6ua4P ~YeC'~~.,~ ~s~~r~~Stl:.dP9 I~r.~ PWe.'~~~S,.tlAr4'.e~ 4aF.~F#4§igtl14~°~s.i.gt~A t4° ~~€aadW&.6'.~es..) NiY the ~+~1eIIit
~'tA%'V part~~ ~~~~dmr, it
46°d"~ . Ii.- ~,+1§r~~vrlP,~IY~~..A~-_rr.~ rYa~' rvAs~1.~E~ ~JpA}at ~~n~~y c~~~~se a ~~~~~lay o~° ~mpedi~°nent co~a~~era~r~ing any 3r~~
i,.4 i.a4 n0t.iT YCUSU)Me?'.~ withh3 thr,w~e M dRJ4y~"'d ~f s5.@ch oKdckdNr¢e%lce. eP3tegra.t.4o99s a1'e.
=J Ward, NAPA TAa~~ ~ 2, A~~~~~~~~~~~~g E~~~~~~ ~~tegratiopi
1. PROJECT IMPLEMENTATION
This statement ofi wcark (SOW) identifies the fQllowing camponents of yaur purchase. Scaftware
producks: Integrations, Custom reports and dashboards; and Gustomizations to the software.
Irnplernentation Services: Consulting seruices; Training; Installation services; Project Management.
.And an-going suppart services.
A typical implementatian takes E0 to 120-days. This time-frame will be determined tay the ccamplexity
ot yaur conversion, the number of integratians, and yQUr staff's availability far training. Imrnediately
after a signed contract is in place (or at a time that is conducive ka your staffi), your {cey-users and
managers will partacipate in two praject planning meetings with FASTFR`s Implementation Team:
1. In this first meeting, Project Planning Meeting, FASTER's Implementation Team vvill review aGG
aspects of the tasks and t►me frames for deliverables that w►1f be your responsibilities ancC
FA.STER°s respc+nsibilities. And pricar ta this rneeting FASTER wilk give yau a raugh draft nf an
implernentatiorr project plan for you to review.
In this meeting you will have the chance t4 clarify and madify the project p1an. The goal of this
1St Project Plannir~g Meeting is to conclude with specific dates being established for all tasks for
your project plan. 'dau will then have one week ta further cansider, nailYdown and modify these
prvject dates.
2. Approxirrmately ane-week from the above Project Planning Meeting there wi9l be aProject
Planning Finalization Meeting, where your key-users and managers will confirm commitment to
a
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the tasks and dates of your project pian. At tha't time your tearn will need to designate vvha from
your organization is the point-person for the prc?ject.
11. PROJECT CHAN -
After the above meeiiings establish a firm project planr only FASTER`s Project Manager can agree to
changes in the prcajecC plan on FASTER's beha1f. Znformin~ a FASTER consultant or trainer af a desired
change will not assure that a project task can be made. Sinee this irnplementaticsn is a complex
endeauor, the F'roject Manager is the only person that can provide a ehange an FASTER`s beha4f. A,nd
we will expect that your point-person is the only party in your organization that can agree to project
changes.
Your team and FASTER will be al4ocating staff for srr+portant tasks that are key to your successful go-
live. And rnost of the tasks have many dependencies. So once the project starts, tasVcs li4cely cannot
be changed without increasing your cast and possibly cielaying yQUr go-live date. Also, it is eritical thafi
you be able ta provide the people and tasks that FASTER will need at the tirries that are planned.
°fhere is Qften a temptation ta believe: "We can take eare of that after go-iive." To be frank this is the
common excus€: used when someone is not able to fulfill responsibilities during the implementation.
The probiem with this "rs 1:wo-fold: First since most of what you want to get out of afleet system is
dependent on a var'sety af things, procrastinating aspects of an implementation can have undesired
and ccastly consequencess A9so FASTER is ailocating resources that ycau paid for to do khis
@mplerrrentatian in acertain tirne-per'iad. And both your and FASTER's resources will haue other duties
afiter the implementatican and lYkely will not be available after ga-live. And the truth is putting off to
after g+a-live may mean that additional ccrst in ccansulting or trainir►g time may need to be charged.
And we want to avoicY thak as rraueh as you do. It is impc+rtant te, note that there is a difference
between being f9exibfe and being poorly planned. F4eet nnanagerr►ent is a complex business enterprise
and a successful impCementatian of a f4eet system that will truly equip you to manage your business
will atCow very little flexibility in the project rnanagement. So we want to share with you now that
during the implernentatiran you may be annayed with our need to rernain disciplined, but after your
go-live you will thank us for staying true to, the plan we laoth agree upon in the above projecx pfarrning
rneetings.
Therefore, p1ease b~ aware that any change to task time-frames after you agree to them in the 2nd
meeting nated above, the project finalization meeting, may not be able to kre accomrr7odatecf due to
our resources not beirrg avaifabfe. C7r changes could lead t~ adcted charges to yvu that stem f'rom the
change.
C?ur Pro}ect Manager will do hisJher best to aCcommotiate changes you may want. But For example, if
employees drn`t shaw up for training this could lead to rescheduling additional training or burderting
your rnanagers doing training they don't have time to do.
It is also critical that your team be clear on all data needs„ After the conversion takes place, it will
lead ~o added cost ta later make changes in your ciata, We say this, because we have seen eustomers
p~- S 5 ! '~1 f b11
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not be pro-active in iderrtifying the►r data conversion needs. And as a consequence, they realize things
they want related to data conversion after that park ofi the pr€aject is complete.
Thereforer in same eases achange to the project couPd lead tQ added project management cost,
training, eonsulting, or dafia conversion costs. And in cases where we carr avoid an extra charge for a
praject change, plea~e understand that at the very least, ff yau requesk a ehange after trauel plans
have beerr rraade, we need to charge for any adtfed travel cost incurred by FASTER.
We ga into sueh depth about prcaject plan changes in the contract to create the right Ievel of
cammitment in yaur organization so that we can partner ta get you agreat return on yaur
investment. And asuccessful and well planraed project irnplementatfan is a critical part of your future
success with your new fleet managemenk system..
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L ~~~TO : CITY ~-DENTON
FASTER P,ssek SoIutions, hereinaf~ter referred to as "FASTER'", and the City of Denton, hereinafter
referred to as "Gustamer", hereby enter inta asoftware maintenanee agreement in accardance with
the following terms arrd conditians.
ILTERMS
includes automatic rer~ewal ~+n an annual basis with ann~ual fees increasing 301a per
Thi~ ~gre~ment
year, T'his agreement may be terrrainated by either party at any t►me providing 60 days writken
notice to the other party.
HLFE
Maintenance fees shall be Rayable yearly in advance. l`he fee for the 12 month period beginnirrg after
The City of Dentora's Go-Live is $18,000.00. This fee ccavers support serrrices fQr the FASTER F►eet
Nlanagernent System as specified in detai{ in Scheduie A, of that certain License Agreement(herein so
caIled), dated on or abcaut even date herewith, by and betuveen FASTER and Customer.
I'~~CH _ ES IN TE.! S, CONDITIONS AND FE
FASTER may change its softanrare maintenance fees, terms, and conditions upQn 90 cfays written
notice to Customer on annual basis, at a maximum of 3°Jo per annurra, but na such change shafl be
effectiue untit the current software maintenance eontract expires.
VdCOVERAGE
The software cc+vered in this agreement ineludes FASTER, the f1eet rnanagement system, and a[I
opticans/additions outlined in Schedule A ta the Licen~~ Agreement. This agreement also covers a41
angoing supparY v+rhieh includes, but is n4t limited ta, phane consultation, remote diagnostic
capab9lities, site visits (when possi:b9e), and pericadic uptlates tt the s4ftware, with accompanying
updates to the user manual.
Customer agrees to provide FASTER with data dumps or error logs, as requested and with sufficient
support and test time on Custcamer's computer system to duplicate the problem and certify that the
problem has, indeedt been fixed.
Customer shall inform FASTER in writing of any modifications made by Customer to the software.
FASTER sha9l not be respansible for maintaining Custorner-modified partions of the saftware ar for
maintaining partions af the saftware affected by Customer_mc►dified portions of the software.
Corrections for difficulties ar defects traceable to Customer errors or systern changes will be bilfed at
standard FASTER's tirne and materials rates. Arry correctiarrs or aIterations to, ar new versions of, the
011 Maintenance Agreement I ]arruary 3, 2011
I Page 1
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softvvare that fA5'TER may deliuer tca customer uncler khis agreement shal1 be tirrsited to one capy of
such softvdare and ciacurnentation deliuered to the Customer.
~ ~ ~ ~S
Any changes, additions, and erahancements [n the form of new or partia9 pragrarns Qr tiocumentation
as rr~ay be provided under this agreernent, shall rema"rn tFie praprietary property caf FASTER. The
software prograrns specified abcsve will inc4ude, under its proprietary restrietiarts, any sueh additivnal
prograrnrrring and documentat`son pravided under this agreement.
~ILTERMINATI
In the event oF terminaCian of the software License Agreemenr, specified abave, through defauit by
Customer, crr otherwise, FASTER"s obligations under this softvuare maintenance agreement shall
immediatefy end and khis agreement shall autcarrratically terminate. FASTER may terminate this
agreement dn the event of default by Customer. Default by the Customer includes Custorner's failure
to pay the annua9 maintenance within 30 days ncrtice that the same is thirty days or mQre delinquent.
In the event FASTER shall faiv or refuse to perform any obiigation hereunder, FASTER shall be in
default hereunder. In the event of de¢ault by FASTER, if such default shafl be continuing after ten (10)
days ncatice and a reasanable apportunity to eur-e, Customer may exercise any rights ar remedies
available by lavu,, equ+ty, ccrntract or otherwise. The remedies prorrided herein are eumulative and
may be exercised concurrentky. The exer-cise of any rernedy provided here►n by Customer shall nat in
any instance, be deemed ta canstitute an electitan of remedies by Customer.
VUL° ~ ERAL
This agreement is binding when accepted by FASTER and the Custorner, indieated by the authorized
signatures below. This agreement vvilf be governed by the lav+rs of the State of Texas. This agreement
is performable in Qenton County, Texas. Sole and exclusive venue fQr any action related to this
Agreement shall be in courts of competent jurisdiction of €7enton County, Texas.
The terms and conditions stated herein supersede a1{ prior agreements between parkies relaking to the
subject matter of this agreement. This agreement rraay be changed or modi~ed only in wriking.
OT Maintenance Agreementi I 3anuary 3, 2011
I Page 2
"9~~OU~~ ~I~~t~~~~7~v~~~F
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Notice: AI9 notices, demands, requests, and rather communicatians required hereunder shall be in
writing, and shall be deemed to be deiivered, upon the earlier to occur of (a) the date provided if
provided by telephonic facsimile, and (b) the date crf the deposit of, in a regularly maintained
receptacle for the United States Mail, registered or certified, return receipt requested, postage
prepaid, addressed as follaws:
FASTEFt Asset Solutions
Jeannine Youngs
2700 Internatioraa! Pkwy, #300
Virginia Beaeh, VA 23452.
Telecopv, (757)217-9710
City of L7entorr
Mr. George C. Campbefl
215 McKinney
Denton, TX 76209
Te1ecopv(940)349-8492
~
~a
` ~ ~'d~air~tenance ,4greemenk I Jar~uary 3, 2011
I P3ge 3
i T~,4~it~""> tt a ~l ~'i~~} 0 ~:~c
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~,ep~~r- e ~~~a i rite ~~i Ei ~~c~ A ~re e
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Cliey of De11t4?111, T .
By. .
Tltle: ~'aedr~e C. Caf"CC7obf'll.
Citv Manacaer
Qate:
Tefephane
FAX #
George C. Campbell, City Manager
A1-FEST :
)ENNIFER 'V1fiALTERS, CITY SEGRETARY
BY:
APPROVEQ AS TCb LEGAL FORM:
ANZTA BL1RGESS, CITY ATfC]l2NEY
B'f :
,P-f G~ ~ ~ ~ ~O:~
Date: ~-L '
Telephone (757)623-1700 ext. 2404
FAx # {757}217-9710
7eannine Youngs, CFJ
AI~ " ; Maintenance ,Agreement I January 3, 2011
1 Page 4
Exhibit 2
p
„
. , ~
' «
AlAgllSt 30, 20 10
CCG SySIeI]1S
At'tI7: Jeeltll1111e YoL1T1gS
2730 E1lsiiierc Avenue
Nar1'alk, VA 23513
SUB.IE, C'I': SOLE SOLT~~E
Dea1` Jea1117111f:,
Yotir Iit•in has bcen selectecl as a venclc,i° providing flee;t tnaiiitc:tlance soittvare, anaiual
maintena►lce ancl veiidor sdIpport ol` the FAS'I`L;R T'lect Mainte~iaz7ce soktwar°e iiiodules.
Yoli have inclieaied to us tfiat you ai•e the onl}t existirig veiidart• of this / these commodities
aaicl existing vejiciat• Of aLir software.
Due tca statutory i•eqlaii•emeExis, unless yQLr are the "~ingle oY• sole source" of these
coiiiinociitie,s we must bicl their pracurement coii7petitively. Single source, in ihis case
lneans that yoLi are the otily compatly #hat cati sttpply us with this comiilcrdity. Wc are;
reqtlircc{ ta confii•rn ti7is status witli you. Please respond as necessary to tlle following
qttestiotis and i•etza►-n fihis slleet to us via U.S. 1VIai10t• Fax. Call if yotii 11avc any questiotis.
1. Ai°e you the soIe or singIe saw-ce veticicai• for the commc,ciities i3amedabove?
„ yes No
2. Is tllere an)r ot17ex vGiicior tt7at offers t1iis service?
Yes : No
If }rcau are not the sii7glc solkrce vendor 4f tl-iis set•vice, please list the otller vendors we
zaeecl to contact for bicls:
II`yoti a17swered cluestions abave as 1 single scsurce vetacior, please sign laelow to certify
that you rlre the single sOurce of tllis ii1aterial aiid return to;
KaretY St3iitli, Sen'ror 13tiyei•
901 B T'exas St
I)enton TX 76209
Ot• Fax to 940-349a7302
I certify tllat we are the sole soui•ee of the above listed commodity or coiiimodities.
Sigr►ed Priiit Naibe: Date:
SoIe Scjurce Lettej-
(cont'd page 2)
Siilcci'U1y,
Rf1b)'ll FOI"Syt1]
City of DezitQii Flec;i Se1°viees
940e349-$41 0
Fax#940-349-8492
rob)<ii.forsyth.,-i,)cit3rofdel)tati.coiii
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITLJRE OF FUNDS FOR THE
PURCHASE OF SOFTWARE UPGRADES TO FASTER FLEET MANAGEMENT
SOFTWARE AND ANNLJAL MAINTENANCE FOR CONTINLJED VENDOR
SUPPORT FROM ONLY ONE SOURCE 1N ACCORDANCE WITH THE
PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE
EXPENDITLJRE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 4568-PURCHASE OF SOFTWARE UPGRADES AND ANNUAL
MAINTENANCE FOR FASTER WEB SOFTWARE PACILAGE AWARDED TO CCG
SYSTEMS, INC IN THE AMOLTNT OF $98,000).
WHEREAS, Section 252.022 of the Local Governinent Code provides that
procurement of items that are only available from one source, includint"; items that are
oiily available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or boolcs; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; and need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NLJIVIBER VENDOR AMOUNT
4568 CGC Systems, liic. $98,000
SECTION The City Council hereby finds that tlus bid, and the award thereof,
constitutes a procurement of items that are available from oiily one source, including,
items that are only available from one source because of patents, copyrights, secret
processes or natural inonopolies; filins, inanuscripts or boolcs; electricity, gas, water and
other utility purchases; captive replacement parts or components for equipment; and
library materials for a public library that are available oiily from the persons holding
eYClusive distribution rights to the materials; and need not be submitted to competitive
bids.
SECTION 3. The acceptance and approval of the above iteins shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 4. The City Manager is hereby authorized to eYecute any contracts
relating to the items specified in Section 1 and the eYpenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 5. Tlus ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED tlus the day of
MARIL A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
~
BY:
4-(_)RD-File 4~63
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Airport
ACM: Jon Fortune ~
SUBJECT
Consider approval of a resolution authorizing the City Manager, or his designee, as Denton's
authorized representative, to accept on behalf of the City of Denton an offer froin the Texas
Department of Transportation (TYDOT) relating to a gratit for engineering and constniction of a
rai-np area adjacent to the Airport Terminal at the Denton Muiucipal Airport; coiif'irming
agreement to pay a portion of the total project cost; and, providing an effective date. (The
Airport Advisory Board recoininends approval 3-0).
BACIiGROUND
The City of Denton Airport staff presented a letter of request to the Texas Departinent of
Transportation Aviation Division (TxDOT Aviation) on September 27, 2010 to consider grant
funding for paving an additional ramp area adjacent to the Airport Terminal at Denton Airport.
TYDOT Aviation responded in January 2010 with an offer to include the Engineering/Desigi for
rainp paving in their 2011 Airport I~nproveinent Proj ect grant funding. The total estiinated cost of
this worlc is $70,000, with the City of Denton requested to fund 10% of this cost.
If tlus offer is accepted by the City, the constniction phase of the project will be presented at a later
date for implementation in Febniary 2012 at a cost of $900,000, with the City requested to fund
10% of the constniction cost. Both the $7,000 local cost for en~ineering and the $90,000 local cost
for constniction have been identified as a capital project from Airport gas well revenue in the
2010-20 11 Airport Budget approved by the City Council.
This request to accept the grant funding offer is the first step toward iinpleinentation of the project.
If accepted, the project will be presented to the TeYas Tratisportation Commission for approval, atid,
if approved, ati Airport Project Participation Agreement (APPA) will be provided by TYDOT
Aviation for futiLire City Council consideration. As in the past, a separate APPA will be ~enerated
for the Engineering/Design phase of the project and the Constniction phase of the project, with each
APPA presented to the City Council for consideration.
The attached Resolution includes an attachinent which shows the location of the proposed paving.
This additional ramp area will 1) accommodate current large aircraft transitin~ the area where heavy
maintenance is performed on thein by Jet Worlcs Air Center, will allow for funire eYpansion of
privately owned and operated heavy maintenatice hatigar facilities, and 3) create an aircraft
inoveinent area to accoininodate charter service froin the Airport Terininal. Each of these proposed
Agenda Inforination Sheet
April 19, 2011
Page 2
uses of the additional runp area will enhance current and future Airport service and provide safety
improvement for the aircraft movement area adj acent to the Airport Terminal.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Airport Advisory Board recommended approval of tlus item at its Apri14, 2011, meeting.
EXHIBITS
L Letter of request to TYDOT Aviation to provide a grant to fund paving of rainp area adj acent
to the Airport Terminal.
2. Airport Advisory Board, April 4, 2011 Draft Minutes.
3. City Manager's designation of the Airport Manager as his authorized representative for this
proj ect.
4. Affidavit of available funds sigied by the City of Denton Cluef Financial Officer.
5. Resolution with attachment.
Respectfully submitted:
Z4 ' f4/~
Quentin Hix
Airport Manager
EXHIBIT 1
September 27, 2010
Scott Gallagher
TxDOT Aviation Division
150 E. Riverside Dr., St" Floor, South Tower
Austin, TX 78704
Re: Ramp Improvements
Dear Mr. Gallagher:
E ri W%O p
The support that TxDOT AVN has given Denton Airport (DTO) for infi•astructure
projects SL1CI1 as the current runway and taxiway extensions has greatly enhanced the
economic and service viability of the Airport. We would like to request support for an
additional infrastructure project to allow DTO to inaintain operating safety with aiecraft
ground traffic.
As you may be aware, DTO has grown tremendously over the past several yeais and
growth continues. To that end, during the past calendar year our ATCT has documented
146,079 operations, plus US Aviation Group has supplied data indicating an additional
60,000 night operations at DTO. This totals over 200,000 annual operations.
Past development at DTO has resulted in millions of dollars of private investment
creating over 300 jobs at the Airport. As infi•ash•ucture improvements are added at DTO
and the level of business activity increases, there is a related increase in aircraft operating
in ground movement areas. We now request support from TxDOT AVN with funding
the expansion of ramp area adjacent to the Airport Terminal as shown on the attached
exhibit.
We have asked our engineer to prepare the attached preliminary cost estimate. This
estimate indicates a total cost of $796,807 to provide additional ramp pavement and
relocation of rainp lighting. The City of Denton has requested funding through the City's
Congressional Delegation as a supplemental project in the omnibus FAA Ftulding
legislation. If this source of fundulg is siiccessful, DTO would reqiiest that TxDOT AVN
administer the project and present the City with an Airport Project Participation
Agreement which would include matching local funds.
"Dedicated to Quality Service"
www.cityofdenton.com
EXHIBIT 1
TxDOT AVN Grant Request
Septeinber 27, 2010
Page 2
Please call me at your convenience to discuss this important project.
Sincerely,
Quentin Hix
Airport Manager
Attachments:
1. Prelitninaiy Cost Estimate for ramp improvements;
2. Exhibit depicting the ramp area proposed for paving.
EYHIBIT 2
DRAFT MINUTE S
AIRPORT ADVISORY BOARD
APRIL 4, 2011
After determiiung that a quoniin was present, the Airport Advisory Board of the City of Denton,
TeYas convened in a Special Called Meeting on Monday April 4, 20 11 at 5:00 p.m. in the Airport
Terininal Building, Meeting Rooin at 5000 Airport Road, Denton, Texas, at which the following
items were considered:
BOARD MEMBERS PRESENT: Chairman Dr. Don Smith, Mr. Bill Schofield, and Mr.
Jereiny Fylces.
BOARD MEMBERS ABSENT: Mr. Bob Pugh, Mr. Jim Clarlc
STAFF MEMBERS PRESENT: Quentin Hix, Airport Manager, Julie Mullins, Administrative
Assistant, Andrea Suinner, Operations Coordinator, Bryan Langley, Chief Financial Officer.
PUBLIC PRESENT: Riclc Woolfollc; Dalton Gregory
ITEMS FOR INDIVIDUAL CONSIDERATION
IIL Consider a resolution to accept a grant proposal froin the Texas Departinent of
Transportation Aviation Division (TYDOT Aviation) to pave apron area adjacent
to the Airport terminal and recommend action from the City Council.
Mr. Hix coininented there will be two different phases to this project, engineering
and constniction. Each phase will require an Airport Proj ect Participation
Agreement to be approved by the City Council. Whether or not to accept the grant
proposal will go to City Council on April 19ti' Don Smith aslced about the fence
and li(yht pole relocation worlc currently beincl, performed. Mr. Hix indicated this
work is compatible with the anticipated ramp eYpansion; however, it is a current
safety and security project that is separate from the grant. Further, the ramp area
as shown on in the grant offer letter will be expanded to include all of the unpaved
area between the Airport terininal and the Jet Worlcs rainp. This rainp area is
going to be for transient aircraft. Mr. Fykes asked if the grant was difficult to get.
Mr. HiY said the grant proposal went through smootlily. Mr. Fylces aslced about
the asphalt specifications and Mr. Hix said he would not lcnow the specs until the
engineering phase is coinplete. The engineering firin will be ILSA, Engineering.
Mr. Schofield made a motion to make a recommendation to the City Council
for the Texas Department of Transportation Aviation Division Apron
project. Dr. Smith seconded the motion.
Motion carried 3-0
Page 1 of 1
EXHIBIT 3
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
I, Geori4e Campbell ,
with the City of Denton, Texas, designate
Citv Mana-,er
Quentin Hix. Denton Airnort Mana2er
as the City of Denton, Texas authorized representative for the ll 18DNTON project, who shall
have the authority, at the appropriate time, and with the appropriate authorization of this
governing body, to make approvals and disapprovals as required on behalf of the City of Denton,
Texas.
Citv of Denton Texas
(Sponsor)
DESIGNATED REPRESENTATIVE
Mailing Address: 5000 Airnort Road
Denton, Texas 76207
By:
Title: Citv Manaser
Date:
*Physical / Overnight Address: _(same as above)
Telephone Number: _ 940-349-7744
FAX Number: 940-349-7289
E-mail Address: aLlentill.1lix((i),citvof~detltOll.c.«111
* ALL GRANT AGREEMENTS ARE SENT BY OVERNIGHT MAIL
EXHIBIT 4
CERTYFICATYON OF FUNDS
Brvan Lanslev , Chief Financial Of~'icer• ,
With fhe City of Denton, Texas do certify that sufficient funds to meet the City of Denton's share
of the 1118DNTON project costs as iden.tified foz the project will be available in accordance
with the schedule shovvn below:
SPONSOR FUNDS
Source Amount Date Available
Denton Airport Operating Fund $7,000.00 Avril 2011
Denton Aimoart Onerratiu Fund $90,000 Abri1201X
Citv of Denton. Texas
(Sponsor
BY:
Title: Chief Financial Officer
Date:
. ~
y:\legal\our documents\resolutions\11\airport txdot project resolution 2011.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, AS
DENTON' S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY
OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION
(TYDOT) RELATING TO A GRANT FOR ENGINEERING AND CONSTRUCTION OF A
RAMP AREA ADJACENT TO THE AIRPORT TERMINAL AT THE DENTON MUNICIPAL
AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT
COST; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas intends to make certain improvements to the
Denton Municipal Airport; and
WHEREAS, the general description of the project is engineering and constniction for
paving rainp area adjacent the Airport Terininal as shown in Attachinent 1 hereto which is inade
a part hereof (the "Proj ect" and
WHEREAS, the City of Denton, Texas intends to request financial assistance froin the
TeYas Department of Transportation (TYDOT) for the Project; and
WHEREAS, total Project costs are estimated to be $970,000, and the City of Denton be
responsible for 10% of the total Project cost, said 10% currently estimated to be $7,000 for
engineering in Fiscal Year 20 11 and $90,000 for constniction in Fiscal Year 20 12, for a total
local cost of $97,000; and
WHEREAS, the City of Denton names the TeYas Department of Transportation as its
agent for the purposes of applying for, receiving and disbursing all funds for these improvements
and for adininistration of contracts necessary for the iinpleinentation of these iinproveinents;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton, Texas hereby directs the City Manager, or his
designee, to execute on behalf of the City of Denton, at the appropriate tiine, and with the
appropriate authorizations of this governing body, all contracts and agreements with the State of
Texas, represented by the Texas Department of Transportation (TxDOT), and such other parties
as shall be necessary and appropriate for the iinpleinentation of the Project and related
improvements at the Denton Muiucipal Airport.
s:\legal\our documents\resolutions\11\airport txdot project resolutfon 201I.doc
PASSED AND APPROVED this the day of , 2411.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
SY:
APPROVED AS TO LEGAL FQRM:
ANITA BURGESS, CITY ATTORNEY
BY: ,///1*1
y LO
At4ork hwrr imr°u t
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, ?O11
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ~
SUBJECT
Consider adoption of an ordinance authorizing the City Manager, or lus designee, to eYecute a
Contract (herein so called) between the City of Denton, TeYas and Westpark Group, L.P., a
Texas liinited partnership and Rayzor Investinents, LTD., a Texas liinited partnership,
contemplating the purchase by the City of Denton, Texas of (I) an approximate 5.922 acre tract
of land situated in the Jolui Davis Survey, Abstract Ntimber 3?6, the Thomas Toby Survey,
Abstract Ntimber 12185, and the James Perry Survey, Abstract Ntimber 1040, City of Denton,
Denton County, Texas; (II) Easeinents and Teinporary Constniction, Grading and Access
Easements in, on, over, under and across lands situated in the John Scott Survey, Abstract 1222,
the Thomas Toby Survey, Abstract Ntimber 1285, the James Perry Survey, Abstract Ntimber
1040, and the Jolui Bacon Survey, Abstract Ntimber 1541, City of Denton, Denton County,
Texas; and (III) Amendments to Electric Utility Easements in, on, over, under and across lands
situated in the E. Puchalski Survey, Abstract Ntimber 996, the James Perry Survey, Abstract
1040, and the Thomas Toby Survey, Abstract Ntimber 12185, City of Denton, Denton County,
TeYas, all for public purposes; authorizing the City Manager, or lus designee, to eYecute, deliver
and accept any and all Deeds, Easeinents, Teinporary Constniction, Grading and Access
Easeinents, Ainendinents to Electric Utility Easeinents, and any other docuinents necessary to
accomplish closing of the transactions contemplated by the Contract; authorizing the eYpenditure
of funds therefore; and providing an effective date.
BACKGROUND
Denton Muiucipal Electric has a utility project that necessitates easement acquisitions along Jim
Christal road north of the Denton Muiucipal Airport, along Western Boulevard, along Airport
Road, and acquisition of a 5.922 acre tract of land located north of Airport road, and east of
Western Boulevard. Staff has been actively pursuing the transaction acquisition terms with the
affected property owners begiiuung in September 21010, the result of wluch are embodied in the
Contract. Staff recommends approval of the Contract.
OPTIONS
1. Recommend approval of the Ordinance
Do not recommend approval
RECOMMENDATION
Staff endorses approval of the Ordinance.
ESTIMATED PROJECT SCHEDULE
July 2011
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Closed Session Briefing on the utility project September 14, 2010
City Council Closed Session Briefing on the utility project January 4, 2011
Public Utility Board Recommending Approval of tlus Ordinance April 5, 2011
FISCAL INFORMATION
$100."" purchase price, plus standard and customary associated closing costs.
BID INFORMATION
N/A
EXHIBITS
1. Ordinance
Agreement
3. Location Map
Respectfully submitted:
~..~•~'J~..~.. . ~
Phil Williains
General Manager
Denton Muiucipal Electric
Prepared by:
Pamela England
Real Estate Specialist
s:llegaflour documents\ordinances111\rayzor-westpark ordinance.doc
ORAINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESiGNEE T4
EXECUTE A CONTRACT (HEREIN SO CALLED) BETWEEN THE CITY OF DENTON,
TEXAS AND WESTFARK GROUP, L.P., A TEXAS LIMITED PARTNERSHIP AIVD
RAYZOR INVESTMENTS, LTD., A TEXAS LIMITED PARTNERSHIP,
CONTEMPLATING THE I'URCHASE BY THE CITY OF DENTON, TEXAS OF (I) AIV
APPROXIMATE 5.922 ACRE TR.ACT OF LAND SIT'UATED IN THE JOHN DAVIS
SURVEY, ABSTRACT NUMBER 326, THE THOMAS TOBY SURVEY, ABS'TRACT
NUMBER 1285, AND THE JAMES PERRY SLJRVEY, ABSTRACT NUMBER 1044, CITY
OF DENTON, DEN`I'ON COUNTY, TEXA.S; (TI) EASEMENTS AND TEMPORARY
CONSTRUCTION, GRADING AND ACCESS EASEMENTS 1N, ON, OVER, UNDER AND
ACROSS LANDS SITUATED IN THE JOHN SCOTT SURVEY, ABSTRACT 1222, THE
THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, THE JAMES PERRY 5URVEY,
ABSTRACT NUMBER 1040, AND THE JOHN BACON SURVEY, ABSTRACT NUMBER
1541, CITY OF DENTON, DENTON COUNTY, TEXAS, AND (III) AMENDMENTS TO
ELECTRiC UTILITY EASEMENTS IN, ON, OVER, UNDER AND ACROSS LANDS
SITUATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NL3MBER 996, THE JAMES
PERRY SURVEY, ABS'1'RACT 1040, AND THE THOMAS TOBY SURVEY, ABSTRACT
NUMBER 1285, CITY OF DENT4N, DENTON COUNTY, TEXAS, ALL FOR PUBLIC
PURPOSES; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE,
DELIVER ANU ACCEPT ANY AND ALL DEEDS, EASEMENTS, TEMPORARY
CONSTRUCTION, GRADING AND ACCESS EASEMENTS, AMENDMENTS TO
ELECTRIC UTILITY EASEMENTS AND ANY OTHER D4CUMENTS NECESSARY TO
ACCOMPLISH CLOSING OF THE TRANSACTIONS CONTEMPLATED BY THE
CONTRACT; AUTHORIZiNG THE EXPENDITIJRE OF FUNDS TJIEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
VdHEREAS, the City Council finds the transactians contemplated by the Contract are in
the best interest of the citizens of the City of Denton; NOW, THEREFORE;
THE COUNCIL rJF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble af this ordinance are
incorporated into the bQdy of this ordinazlce.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Contract, said Contract being attached hereto as Exhibit "A", on behalf af the City of Denton,
and to carry out the City's xesponsibilities and rights under the Contract, including, without
limitation. (i) to execute, deliver and accep# any deeds, easements, temporary construction,
gradzng and access easements, amendments to electric utility easements and any other documents
necessary to accomplish closing of the transactions contemplated by the Cantract; and (ii) the
authorizatian to make the expenditures set fbrth in the Contract.
s:\legal\our documen#s\ordinances\il\rayzor-westpark ordinance.doc
SECTIl3N 3. This ordinance shall hecome effective immediateiy upon its passage and
approval.
PASSED AND APFRO`JED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRQVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: A'{ (12
CONTRACT
STATE OF TEXAS §
COUNTY OF DENTON § ,
This Coritract (the "Contract") is made this ' day of , 2011, effective
as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and
between Westpark Crroup, L.P. ("Westpark"), a Texas lirnited partnership and Rayzor
Investments, LTD. ("Rayzor"), a Texas limited partnership (collectively, the "5eller") and the
City of Denton, Texas, a Texas home rule municipal' corporation (the "Buyer").
RECITAILS
WHEREAS, Westpark owns that certain land being more particularly described on
Eachibits "A" and "A-1", attached hereto and made a part hereof for all purpases, being located in
Denton County,'Texas (the "Land"); and '
WHEREAS, (i) Rayzor owns lands being more particularly described on Exhibit "B",
attached hereto and made a part hereof for all purpcises, located in Denton County, Texas where
Buyer desires easements of variable widths, in, on, over, under and across such lands, for
purposes related to the distribution of electricity, the transmission and distribution of natural gas,
and the transmission and delivery of thermal energy' commodities and other purposes, all as more
particularly described in Exhibit "D", attached hereto and made a part hereof for all purposes; (ii)
Westpark owns lands being more particularly descaribed on Exhibit "B-1", attached hereto and
made a part hereof for a11 purposes, located in Denton County, Texas, where Buyer desires
easements of variable widths, in, on, over, under and across such lands, for purposes related to
the distribution of electricity, the transmission and distribution of natural gas, and the
transmission and delivery of thermal energy commodities and other purposes, all as rnore
particularly described on Exhibit "D-1", attached hereto and made a part hereof for all purposes;
and (iii) Exhibit "B-2", attached hereto and made a part hereof for all purposes, located in
Denton County; Texas (the lands described in', subparagraph (i), subparagraph (ii) and
subparagraph (iii) in this paragraph are collectively referred to herein as "Easement Land"), for
purposes related to the distribution of electricity, the transmission and distribution of natural gas,
the transmission and delivery of thermal energy coxnmodities and the transmission, distribution
and delivery of potable and non-potable water, was'tewater, andlor sewage, and other purposes,
all as more partieularly described in Exhibit "D-2" (GOllectively the "Easements");
WHEREAS, (i) Rayzor owns lands being more particularly described in Exhibit "C",
attached hereto and made a part hereof for a11 purpo'ses, located in Denton County, Texas where
Buyer desires temporary easements, fifly feet (50') in width, on, over and across such lands for
construction and other activities related to the Easements, as described in Exhibit "E", attached
hereto and made a part hereof for all purposes; and (ii) Westpark owns lands being more
particularly described in Exhibit "G 1", attached hereto and made a part hereof for all purposes,
located in Denton County, Texas, (the lands described in subparagraph (i) and subparagraph (ii)
in this paragraph are collectively referred to herein as the "Temporary Easement Land") where
Buyer desires temporary easements, fifty feet (50') in width, on, over and across such lands for
construction and other activities related to the Easernents, as described on Exhibit "E-1
attached hereto and made a part hereof for all purposes (collectively, the "Temporary
Construction Easements"); '
WHEREAS, Rayzor and Westpark have previously conveyed to Buyer certain easements
over and across certain lands as depicted in the Existing Easements (herein so called), said
Existing Easements each being dated December 29, 2006, and: (i) recorded in County Clerk's
2
file number 2007-20905 (Rayzor), Real Property Records, Denton County Texas; (ii) recorded in
County Clerk's file number 2007-20906 (Rayzor), Real Property Records, Denton County,
Texas; (iii) recorded in County Clerk's file number 2007-20898 (Westpark), Real Property
Records, Denton County, Texas; and ( iv) recorded in County Clerk's file number 2007-20899
(Westpark), Real Property Records, Denton County,Texas, wherein the Buyer desires additional
rights, as more particularly described in Eachibits "G-1", "G-2", "G-3" and "G-4", respectively,
a11 attached hereto and made a part hereof for all purposes (the "Easement Amendments");
WHEREAS, Buyer intends to construct and',operate a tri-generation power facility upon
the Land for the purposes of generation of electricity and production of chilled water, steam, and
compressed air (the "Activities"); '
WHEREAS, (i) Westpark desires to sell and convey to Buyer, and Buyer desires to
purchase and be conveyed from Westpark (a) the' Land, together with any and all rights or
interest of Westpark in and to adjacent streets, alleys and rights of way and together with a11 and
singular the improvements and fixtures thereon and all other rights and appurtenances to the
Land; (b) the Easements, as described on Exhibits "b-1" and "D-211, attached hereto and made a
part hereof; (c) the Temporary Construction Easement, as described in Exhibit "E-1", attached
hereto and made a part hereof; and (d) the Easement Amendments, as described in Exhibits "G-
3" and "G-411, attached hereto and made a part hereof (collectively, the " Westpark Property");
and (ii) Rayzor desires to sell and convey to Buyer and Buyer desires to purchase and be
conveyed from Rayzor (a) the Easement, as described in Exhibit "D"; (b) the Temparary
Construction Easement, as described on Exhibit "E"; and (c) the Easement Amendments, as
described in Exhibits "G-1" and "G-2", attached hereto and made a part hereof (collectively, the
3
"Rayzor Property") (the "VVestpark Property" and the "Rayzor Property" are collectively referred
to herein as the "Property"). '
ARTICLE I
SALE OF PRO'PERTY
For the consideration of the purchase price to be paid for the Property, as set forth below,
the receipt and sufficiency of the consideration set fbrth herein being hereby expressly stipulated
and acknowledged by Buyer and Seller, (i) Westpark agrees to sell and convey to Buyer, and
Buyer agrees to purchase from Westpark, subject to the reservations below, the Westpark
Property; and (ii) Rayzor agrees to sell and convey t'o Buyer, and Buyer agrees to purchase from
Rayzor, the Rayzor Property..
Westpark, subject to the limitation of such reservation made herein, sha11 reserve, for
itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Land. Westpark, its successors aind assigns shall not have the right to use or
access the surface of the Land, in any way, manner or form, in connection with or related to the
reserved oil, gas; and other minerals andlor related ,to exploration and/or production of the oil,
gas and other minerals reserved herein, including without lirnitation, use or access of the surface
of the Land for the location of any well or drill sites, well bores, whether vertical or any
deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries,
pipelines, roads, electricity or other utiliry infrastructure, and/or for subjacent or lateral support
for any surface facilities or well bores, or any other infrastructure or improvement of any kind or
type in cannection with or related to the reserved oil,~ gas and other minerals, and/or related to the
exploratian or production of same. Notwithstanding the above, nothing herein shall preclude
Westpark or its successors and assigns from expldring for, developing and/or producing the
4
minerals reserved above in and under the Land by' pooling or by directional drilling under the
surface of the Land from well sites or mining sites ldcated on other property.
As used herein, the term "surface of the Land" shall include the area from the surface of
the earth to a depth of five hu.ndred feet (500') below the surface of the earth and all areas above
the surface of the earth. '
Without limitation to any of the above, Seller retains all rights to minerals associated with
all other portions of the Property as well. Notwithstanding the foregoing, in no event (A) sha11
any activities relating to the reserved minerals disturb any improvements or facilities upon or
under the' Property; and/or (B) shall any such activities cause a subsidence of the surface of the
Property or any improvement or facility thereon or thereunder.
ARTICLE II
PURCHASE PRICE
2.01 Purchase Price. The Purchase Price to be jointly paid to Seller for the Property at
Closing is the sum of One Hundred and no/100 Dollars ($100.00) (the "Purchase Price").
2.02 Independent Contract Consideration. Within fourteen (14) calendar days after the
Effective Date, Buyer shall deliver to Seller, jointly payable, a check in the amount of One
Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"), which
amount the parties hereby acknowledge and agree has been bargained for and agreed to as
consideration for Seller's execution and delivery of the Contract. The Independent Contract
Consideration is in addition to, and independent of any other consideration or payment provided
in this Contract, is non-refundable, and shall be retained by Seller notwithstanding any other
provision of this Contract.
5
ARTICLE! III
TITLE AND StJRYEY
3.01 Title Cammitment. Buyer shall cause to' be issued a current Commitment for Title
Insurance (the "Title CommihnenY" ) for the Land and the Easements, issued by Title Resources,
1112 Dallas Drive, Suite 402, Denton, Texas (the "Title Company"). The Title Commitment
sha11 set forth the state of title to the Land and Easements, including a list of any defects,
encumbrances and other exceptions to title, and ouYstanding claims, interests or equities of any
nature (each of which are referred to herein as an "Exception").
3.02 Survey. Buyer may, at its expense, cause a current on the ground survey of the Property,
or any part thereof, to be prepared (the "Survey The Survey may include all matters
prescribed by Buyer. The description of the Landas set forth in (i) the conveyance plat, as
prescribed in Section 4.03, below; or (ii) the Survey, at Buyer's election, sha11 be used to
describe the Land in the Special Warranty Deed conveying the Land to Buyer and shall be the
description of the Land set forth in the Title Policy, subject, however, to Seller and its own
surveyor having reasonably approved same.
3.03 Seller's Efforts to Cure. The Seller shall exercise best efforts to assist Buyer in curing
or satisfying any Exceptions or defects depicted or revealed in the Survey, as set forth in the
notice to Seller by Buyer ("Objections"). Notwithstanding the obligation of the Seller to
exercise best efforts in its assistance to Buyer to cure any defects related to the Title or Survey of
the Property, Seller shall not be obligated to expend funds or incur any liabilities in such efforts.
In the event Buyer and Se11er cannot cure the Objeetions prior to Closing, Buyer may elect to
either (i) terminate this Contract; or (ii) waive the uncured Objections, which shall become
"Permitted Exceptions", and upon such waiver, close the transaction contemplated by this
Contract. As used herein, "Permitted Exceptions" shall mean any easements, restrictions,
6
claims, rights of way, encroachments, defects or other encumbrances or other matters whatsoever
affecting the Property as shown in the Title Comrnitment and/or Survey, and any other such
matters which are of public record, and any other matters affecting the Property which would be
disclosed' by a physical inspection of the Property or, an accurate survey of the Property.
Notwithstanding anything to the contrary herein, Seller shall provide to Buyer, prior to the
closing date of this transaction, evidence satisfactory to Buyer and Seller that the owners of the
rights to conduct mineral exploration and production activities (the "Operations") on the
Property are prohibited from using or occupying in any way the surface of the Property in
connection with such operations.
3.04 Title Policy. At Closing, Buyer, at Buyer's S~ole cost and expense, shall cause a standard
Texas Owner Policy of Title Insurance ("Title Policy"), along with a T-19.1, T-19.2 or T-19.3
endorsement, as applicable, to be furnished to Buyer. The Title Policy shall be issued by the
Title Company, in the amount of the fair market value of the Land and Easements and insuring
that Buyer has indefeasible fee simple title to the Land and indefeasible title to the Easements,
subject only to the Permitted Exceptions.
ARTICLE III.A.
AS-IS SALE
3.01.A. AS-IS Sale. Buyer expressly acknowledges that the Property is being sold, conveyed,
granted and accepted AS-IS, WHERE-IS WITH ALL FAULTS, and, except as expressly set
forth in Article IV, below, Seller makes no representations or warranties, express or implied,
with respect to the physical condition or any other aspect of the Property or any real property
encumbered by the Property (for the purposes of Article III.A. and Article III.B., unless stated
otherwise, such property being collectively referred to as the "Property"), including without
limitation: (i) the structural integrity of improvements on such properties, if any; (ii) the manner,
7
construction, condition and sta.te of repair or lack of repair of any improvements on such
properties; (iii) the conformity of any improvements to any plans ar specifications for such
properties, including but not limited to any plans and specifications that may have been or which
may be provided to Buyer; (iv) the conformity of such properties to past, current or future
applicable zoning or building code requirements or', such properties' compliance with any other
laws; (v) the financial earning capacity or history or expense history of the operation of such
properties; (vi) the existence of soil instability, past soil repairs, soil additions or conditions of
soil fill, such prbperties' susceptibility to landslides, sufficiency of undershoring or sufficiency
of drainage to, from or across such properties; (vii) vvhether such properties are located wholly or
partially in a flood plain or a flood hazard boundary or similar area or within any area that may
be considered wetlands or jurisdictional waters of tHe United States; (viii) the existence or non-
existence of underground or above ground storage tanks, asbestos, hazardous waste or other
toxic or Hazardous Materials (as hereinafter defined) of any kind or any other environmental
condition' or whether such properties are in corhpliance with applicable laws; (ix) such
properties' investment potential or resale at any futuire date, at a profit or otherwise; (x) any tax
consequences of ownership of such properties, except as provided in Section 5.03, below; or (xi)
any other matter whatsoever affecting the stability, integrity, other condition or status of the
Property (collectively, the "Property Conditions"). EXCEPT AS PROVIDED IN ARTICLE
IV, BELOW, BUYER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES
ANY AND ALL ACTUAL OR POTENTIAL RIGHTS IT MIGHT HAVE REGARDING
ANY FORM OF WARRANTY, EXPRESS OR IMPLIED OR ARISING BY OPERATION
OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF
QUANTITY, QUALITY, CONDITION, HABITABILITY, MERCHANTABILITY,
8
SUITABILITY' OR FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE
PROPERTY, ANY IMPROVEMENTS THEREON OR THE PROPERTY CONDITIONS,
SUCH WAIVER BEING ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY
WAY. This waiver does not apply to the predecessors in title to the Rayzor Parties. As used
herein the "Rayzor Parties" shall mean Seller, and any predecessor in title to Seller that was a
spouse, descendant or other relative of Jesse Newton Rayzor and/or Eugenia Porter Ra.yzor.
3.02.A. Information Disclaimer. Any and all infqrmation related to the Property provided to
Buyer by Seller (without implying any obligation to deliver such information, however)
("Information"), sha11 be delivered as an accommodation to the Buyer only, without any
representation or warranty as to the completeness or accuracy of the data or other information
contained therein, and all such Information is furnished to the Buyer solely as a courtesy, and
Seller has not verified the accuracy of any staxement's or other information therein contained, the
method used to compile such Information nor the qualifications of the persons preparing such
Information. The Information is provided on an AS-IS, WHEY2E-IS BASIS, AND BUYER
EXPRESSLY ACKNOWLEDGES THAT, ' IN CONSIDERATION OF THE
AGREEMENTS HEREIN, SELLER MAKES N0 REPRESENTATION, EXPRESS OR
IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY
LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION,
MERCHANTABILITY, SUITABILITY OR FIT1rTESS FOR A PARTICULAR PURPOSE
AS TO THE INFORMATION.
3.03.A. Waiver of Compliance with RequiremenYs. Buyer expressly acknowledges that it is
not relying on (and hereby disclaims and renounces) any representations or warranties made by
or on behalf of the Seller of any kind or nature whatsoever, except as expressly provided in
9
Article IV, below. Buyer acknowledges that the ProVerty may not be in compliance with a11 laws
that may apply to such Property or any part thereof and the continued ownership, maintenance,
management and repair of such properties ("Requirements"). Buyer shall be solely responsible
for any arsd all Requirements. ,
3.04.A. Environmental Vt'aiver. Without limitation, to the fullest extent permitted by law, and
except as provided in Article IV, below, Buyer, for itself and its successors and assigns, hereby
releases Seller from and waives any and all claims and liabilities against the Seller, related to or
in connection with any environmental condition at such Property (or the presence of any matter
or substance relating to the environmental condition'of such Property), including, but not limited
to, claims and/or liabilities relating to (in any manner whatsoever) any hazardous, toxic or
dangerous materials or substances located in, at, about or under such Property, or for any and all
claims or causes'of action (actual or threatened) based upon, in connection with or arising out of:
(i) the Comprehensive Environmental Response, Gompensation and Liability Act (42 U.S.C.
§§9601 et seq.) ("CERCLA"); (ii) the Resource Conservation and Recovery Act (42 U.S.C.
§§6901 et seq.) ("RCRA"); (iii) the Superfiznd Amendments and ReauthorizationAct (42 U.S.C.
§§9601 et seq.) ("SARA"); or (iv) any other claim or cause of action (including any federal or
state based statutory, regulatory or common law cause of action, including without limitation, the
Texas Solid Waste Disposal Act) related to environmental matters or liability with respect to or
affecting the Property. This waiver does not apply to any predecessors in title to the Rayzor
Parties. '
3.05.A. Assumption of Hazardous Materials Risks. Without limitation to any of the above,
Buyer assumes the risk that Hazardous Materials may be present in, on or under the Property,
and hereby waives, releases and discharges forever; Seller from any and all present or future
10
claims or demands, and any and all damages, loss, injury, claims or costs, including fines,
penalties and judgments arising from or in any way related to the condition of the Property or
presence of any Hazardous Materials in, on or under the Property, whether or not arising from or
attributed to the sole or concurrent negligence of the Seller. This waiver does not apply to any
predecessors in title to the Rayzor Parties.
3.06.A. Parties Relying on Own Inspections. Buyer acknowledges and agrees that Seller was
unwilling to convey, grant and sell the Property, as, defined in the last recital paragraph of this
Contract, as set forth on pages 3 and 4, above, unless Seller was released as expressly set forth
above. With respect to the waivers and agreements contained in Sections 3.01.A. - 3.05.A.,
above, Buyer and Seller represent and warrant to tho other that: they are (i) represented by legal
counsel in connection with the sale contemplated bythis Contract; (ii) each, with its counsel, has
fully reviewed the disclaimers and waivers and agreements set forth in this Contract and
understands their significance and effect; (iii) each is knowledgeable and experienced in the
purchase, operation, ownership, refurbishing and sale of commercial real estate, and is fully able
to evaluate the merits and risks of this transaction; aiid (iv) each is not in a significantly disparate
bargaining position. As part of the provisions of this Article III.A., but not as a limitation
thereon, Buyer agrees, represents and warrants that t11e matters released herein are not limited to
matters which are known or disclosed. In this connection, to the extent permitted by law, Buyer
hereby agrees, represents and warrants that it realizes and acknowledges that factual matters now
unknown to it may have given or may hereafter give rise to causes of action, claims, demands,
debts, controversies, damages, costs, losses and ' expenses which are presently unknown,
unanticipated and unsuspected, and further agrees, represents and warrants that the waivers and
releases herein have been negotiated and agreed upan in light of that realization and that Buyer
11
nevertheless hereby intends to release, discharge and acquit the Seller from any such unknown
causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses
which might in any way be included in the waivars and matters released as set forth in this
Article III.A. '
3.07.A. Survival. Notwithstanding anything hetein to the contrary, all of the terms and
provisions of Sections 3.01.A. - 3.06.A. sha11 survive the Closing.
ARTICLE III.B.
INSPECTION
3.41.11. Tests. Until the Closing, Buyer and its agents, employees and contractors, at their sole
risk and expense, shall have the right to enter upoiR the Property during normal business hours
(and subject to advance notice as required below) for inspections, surveying, engineering and
other reasonable testing and inspection purposes ("Tests"); provided, however, unless Buyer
obtains the prior written approval of the Seller owning the subject portion of the Property (which
approval shall not be unreasonably withheld or delayed), all such inspections shall be limited to
non-intrusive inspections and studies (such as non-intrusive "Phase I Level" type tests with
respect to environmental matters) which do not involve borings or any sampling of any material
or media, including soil, surface water, or ground water. The Buyer shall not be permitted to
conduct intrusive "Phase II Level" environmental dr other intrusive testing or any borings or
sampling of any, material or media, including soil,'surface water, or ground water, unless the
Seller owning the subject portion of the Property, in'it's commercially reasonable discretion, has
approved in writing such testing and sampling, the specific scope of work therefore and the
consultant or persons performing such work; provided, however, the Buyer may conduct routine
soil borings on the Property for the purpose of evaluating soil stability and characteristics for
typical construction industry purposes related to it's intended use of the Property ("Routine Soil
12
Borings") withont obtaining the Seller's prior approval. All Routine Soil Borings shall be
conducted in a commercially reasonable mannex in accordance with generally accepted
construction industry standards, and upon completion of all such Routine Soil Barings, the Buyer
shall restore the affected portion of the Property to substantially the same condition as existed
prior to such Routine Soii Borings. Any and all activities conducted by Buyer shall be in
accordance with applicable laws. Any entry upon the Property is referred to herein as an
"Entry". All such activities shall be conducted in such a fashion so as to minimize interference
with the use of the properties being inspected. The Buyer shall promptly repair any damage to
the affected portion of the Property as a result of such Tests and restore same to its condition
which existed prior to such Tests.
3.02.11. Notice of Entry. Prior to any Entry upon t1ie Property to be inspected for any purpose
permitted herein, the Buyer shall give prior notice to and shall coordinate such access as follows:
Mr. Philip Baker (telephone 940/387-8711, telecopy 940/566-1591, The Rayzor Company, 400
West Oak 8treet; Suite 200, Denton, Texas 76201)'', who will act as Seller's agent with respect
thereto. Such notice shall be given at least 24 hours prior to the proposed Entry and shall include
the names of the individuals who will be entering the Property and the name of such individual's
firm or company, the purpose of the inspection and specific activities which will be conducted by
such individuals on such Property, the times during which such Entry shall occur and such other
information as may be reasonably requested by Mx. Baker. The inspecting party shall fully
cooperate with and follow any reasonable additional requirements or instructions given by Mr.
Baker with respect to such Entry.
3.03.11. Insurance. Any consultant or contractor of the Buyer desiring to enter the Property to
be inspected for any Tests shall only enter such Property after submitting to the Seller,
13
,
certificates of insurance evidencing Commercial General Liability Insurance coverage in
commercially reasonable amounts covering such consultant's or contractor's operations on the
Property to be inspected, with the Seller owning th$ subject portion of the Property included as
an additional insured thereunder and stating that suo-h insurance is primary as regards any other
insurance maintained by the Seller.
3.04.11. Termination. Any term or provision of thisContract notwithstanding, the obligations of
Buyer specified, in this Contract are wholly conclitioned on Buyer's having determined, in
Buyer's sole and absolute discretion, during the inspection provided by this Article III.B., based
on such tests, examinations, studies, investigations and inspections of the Property the Buyer
deems necessary or desirable, that Buyer finds theProperty suitable for Buyer's purposes. Tf
Buyer determines, in its sole judgment, that the P'roperty is not suitable, for any reason, for
Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the
Seller, as soon as reasonably practicable, but in any event prior to the Closing. In the event
Buyer elects to terminate this Contract pursuant to the terms of this Section 3.04.B., Buyer will
provide to Seller copies of any and all non-confidential and non-privileged reports and studies
obtained by Buyer during the inspection.
ARTICLE IV
REPRESENTATIONS. WARRANTIES. COVENANTS AND
AGREEMENTS
4.01.A. Representations and Warranties of Westpark. Westpark represents and
warrants to Buyer, as of the Effective Date and as of the Closing Date, except where specific
reference is made to another date that:
14
(a) Westpark has the full right, power and authority to sell and convey the Westpark Property
as provided in this Contract and to carry out Westpark's obligations hereunder and this
Contract, and all documents to be delivered b',y Westpark hereunder, are and sha11 be legal
and binding upon Westpark.
(b) Westpark has not received notice of, and has, no other knowledge or information of, any
pending 4r threatened judicial or administrative action, or any action pending or
threatened by adjacent landowners or other persons against or affecting the Westpark
Property and/or real property encumbered by the Westpark Property.
(c) Westpark has not contracted or entered into any agreement with any real estate broker,
agent, finder, or any other party in connection with this transaction or taken any action
which would result in any real estate broker commissions or finder's fee or other fees
payahle tb any other party with respect to the transactions contemplated by this Contract.
(d) All Leases, as defined in Article IV, Section 4.02(a), relating to the Westpark Property
shall have expired or otherwise terminated on or before the date of Closing.
(e) Westpark has not received notice of any violation of any law, statute, rule, regulation or
ardinance related to or affecting the Westpark Property and/or real property eneumbered
by the Westpark Property or Westpark's obligations under this Contract.
(f) To Westpark's aciual knowledge, without independent investigation, there are no
Hazardous Materials (as hereinafter defined) which are or have been used, manufactured,
placed or stored on the Westpark Property and/or real property encumbered by the
Westpark Property. As used above, the term "Hazardous Materials" means any
material or substance which is (i) defined as a"hazardous waste," "extremely hazardous
waste," "restricted hazardous waste," "hazardous material," "hazardous substance," or any
15 '
similar formation under or pursuant to any state or federal statute or common law rule,
(ii) designated as a"hazardous waste" pursuant to Section 311 of the Clean Water Act, 33
U.S.C. §1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean
Water Act (33 U.S.C. §1317), (iii) defined aa"hazardous waste" pursuant to Section
1004 of'the Resource Conservation and Recovery Act, 44 U.S.C. §6901 et seq. (42
U.S.C. §6903) or (iv) defined as a"hazardoiis substance" pursuant to Section 101 of the
Cbmprehensive Environmental Response Compensation and Liability Act, 42 U.S.C.
§9601 et'seq. (42 U.S.C. §9601); provided, however, "Hazardous Materials" shall not, for
purposes of this representation, include gasoline, diesel fuel or other petroleum products
routinely used in connection with farm and ranch operations, nor sha11 such term include
any pesticides, herbicides, cattle dipping solutions and other substances which are now or
ever have been customarily used in connection with farm and ranch operations (and such
exclusion from such term shall include items which were historically used in the farm and
ranching industry for such purposes but which may now be banned or otherwise not so
used). Westpark hereby informs Buyer that it has not conducted an independent
in+vestigation in connection with the above representation and that Westpark has limited
knowledge as to such matters and advises Buyer to conduct independent investigations
with respect to such matters as Buyer may deem necessary or desirable to fully satisfy
itself with respect to the environmental condition of the Westpark Property and/or real
property encumbered by the Westpark Praperty, it being understood that the above
representation is limited in nature and is only to Westpark's actual knowledge, and does
not give a complete understanding of the ' environmental condition of the Westpark
Property andlor real property encumbered by the Westpark Property.
16 '
(g) Westpark is not a"foreign person" as defined in Section 1445 of the Internal Revenue
Code of 1986, as amended.
4A1.B. Representations and Warranties of Rayzor. Rayzor represents and warrants to
Buyer, as of the Effective Date and as of the Closing Date, except where specific reference is
made to another date that: '
(a) Rayzor has the full right, power and authority to sell and convey the Rayzor Property as
provided in this Contract and to carry out Rayzor's obligations hereunder and this
Contract, and a11 documents to be delivered by Rayzor hereunder, are and shall be legal
and binding upon Rayzor. '
(b) Rayzor has not received notice of, and has rio other knowledge or information of, any
pending or threatened judicial or administrative action, or any action pending or
threatened by adjacent landowners or other persons against or affecting the Rayzor
Property and/or real property encumbered by the Rayzor Property.
(c) Rayzor has not contracted or entered into any agreement with any real estate broker,
agent, finder, or any other party in connection with this transaction or taken any action
which would result in any real estate broker commissions or finder's fee or other fees
payable to any other party with respect to the transactions contemplated by this Contract.
(d) All Leases, as defined in Article IV, Section 4.02(a), relating to the Rayzor Property
shall have expired or otherwise terminated on', or before the date of Closing.
(e) Rayzor has not received notice of any violation of any law, sta.tute, rule, regulation or
ordinance related to or affecting the Rayzor Property and/or real property encumbered by
the Rayzor Property or Rayzor's obligations under this Contract.
17 '
I
(f) To Rayzor's actual knowledge, without ' independent investigation, there are no
Hazardous Materials (as hereinafter defined)'which are or have been used, manufactured,
placed or stored on the Rayzor Property and/or real property encumbered by the Rayzor
Property. As used above, the term "Hazardous Materials" means any material or
substance which is (i) defined as a"hazardous waste," "extremely hazardous waste,"
"restricted hazardous waste," "hazardous material," "hazardous substance," or any similar
formation under or pursuant to any state dr federal statute ar common law rule, (ii)
designated as a"hazardous waste" pursuantto Section 311 of the Clean Water Act, 33
U.S.C. §1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean
Water Act (33 U.S.C. §1317), (iii) defined as a"hazardous waste" pursuant to Section
1004 of the Resource Conservation and Recovery Act, 44 U.S.C. §6901 et seq. (42
U.S.C. §6903) or (iv) defined as a"hazardous substance" pursuant to Section 101 of the
Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C.
§9601 et seq. (42 U.S.C. §9601); provided, hpwever, "Hazardous Materials" shall not, for
purposes of this representation, include gasoline, diesel fuel or other petroleum products
routinely used in connection with farm and ranch operations, nor shall such term include
any pesticides, herbicides, cattle dipping solutions and other substances which are now or
ever have been customarily used in connection with farm and ranch operations (and such
exclusion from such term shall include items which were historically used in the farm and
ranching industry for such purposes but which may now be banned or otherwise not so
used). Rayzor hereby informs Buyer that it has not conducted an independent
investigation in connection with the above representation and that Rayzor has limited
knowledge as to such matters and advises Buyer to conduct independent investigations
18
with respect to such matters as Buyer may deem necessary or desirable to fu11y satisfy
itself with respect to the environtnental coiidition of the Rayzor Property and/or real
property ' encumbered by the Rayzor Property, it being understood that the above
representa.tion is limited in nature and is only to Rayzor's actual knowledge, and does not
give a complete u.nderstanding of the environmental condition of the Rayzar Property
and/or real property encumbered by the Rayzor Property.
(g) Rayzor is not a"foreign person" as defined in Section 1445 of the Internal Revenue Code
of 1986, as amended. '
4.01.C. Representations and Warranties of Buyer and Seller.
(a) Buyer and Seller represent and warrant to eaeh other that they have the power to execute,
deliver and perform under this Contract, have taken all actions necessary to authorize the
execution, delivery and performance of this 'Contract and that the parties executing this
Contract and the conveyance documents exhibited hereto for and on behalf of Buyer and
Seller have been duly authorized by Buyer and Seller to act in such capacity.
4.02 Covenants and Agreements of Seller. S'eller covenants and agrees with Buyer as
follows:
(a) Within ten (10) days after the Effective Date, Westpark shall deliver to Buyer, with
respect to the Westpark Property, and Rayzdr shall deliver to Buyer, with respect to the
Rayzor Property true, correct and complete copies of the following:
(i) All lease agreements and/or occupancy agreements and/or licenses of any kind or
nature (if oral, Seller shall provide to 'Buyer in writing all material terms thereof)
relating to the possession of the Property, or any part thereof, including any and
all modifications, supplements, and amendments thereto (the "Leases"); provided,
19
however, the "Leases" shall not include any Oil, Gas or Mineral Lease with
respect to any portion of the Property:
(b) From the Effective Date until the date of CloSing, Westpark, with respect to the Westpark
Property, and Rayzor, with respect to the Rayzor Property, shall:
(i) Not enter into any written or oral contract, lease, easement or right of way
agreement, conveyance or any other agreement of any kind with respect to, or
affecting, the Property that will not bo, fully performed on or before the Closing or
would be binding on Buyer or the Property after the date of Closing.
(ii) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the
Property, or create, or pernut to exist, any lien, encumbrance, or charge thereon.
(c) Seller sha11 assist and cooperate in the platting activities of Buyer, as set forth in Section
4.03 below, including without limitation, execution of any applications or other materials
related to ownership of the Land, in such processes.
4.03 Covenants and Agreements of Buyer. Buyer shall, prior to Closing, have obtained
approval of a conveyance plat of the Land the "Conveyance Plat" from the Planning and Zoning
Commission or the Development Review Committee in accordance with the terms of the Denton
Development Code, including without limita,tion, Sections 3516.6, 35.16.17, 3516.17.1 and
35.16.17.2 thereof. Seller shall reasonably cooperate in the platting process and shall either
execute the Conveyance Plat provided to it by Buyer or provide objections to same to Buyer, on
or before five (5) days after the conveyance plat is submitted to it by Seller. Notwithstanding
anything herein to the contrary, in no event shall the Conveyance Plat impose obligations on
Seller to dedicate easements or rights-of-way across any of Seller's other lands or impose any
restrictions or other requirements with respect to the Seller's such other lands.
20
ARTICLE V.
CLOSING
5.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices
of the Title Cornpany and sha11 be accomplished through an escrow to be established with the
Title Company, as escrowee. The Closing Date (herein sometimes called), shall occur upon the
later to occur of (i) completion of the platting processes, as prescribed in Section 4.03 (but not
later than June 30, 2011); and (ii) April 30, 2011, unless otherwise mutually agreed upon by
Buyer and Seller.
5.02 Items to be Delivered at the Closing.
(a) At the Closing, Westpark shall deliver or cause to be delivered to Buyer or the Title
Company, the following items:
(i) The Special Warranty Deed, substantially in the form as attached hereto as
Exhibit "F", subject only to the Permitted Exceptions, duly executed by Westpark
and acknowledged.
(ii) The Easements, substantially in the form as attached hereto as Exhibits "D-1" and
"D-2", subject only to the Permitted Exceptions, duly executed by Westpark and
acknowledged.
(iii) The Temporary Construction Easement, substantially in the form as attached
hereto as Exhibit "E-1", duly executed by Westpark and acknowledged.
(iv) The Easement Amendments, substantially in the form as attached hereto as
Exhibits "G-3" and "G-4", duly executed by Westpark and acknowledged.
(v) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
21
(b) At the Closing, Rayzor shall deliver or cause to be delivered to Buyer or the Title
Company, the following items:
(i) The Easement, substantially in the form attached hereto as Exhibit "D", subject
only to the Permitted Exceptions, duly executed by Rayzor and acknowledged.
(ii) The Temporary Construction Easement, substantially in the form as attached
hereto as Exlubit "E", duly executed by Rayzor and acknowledged.
(iii) The Easement Amendments, substantially in the form attached hereto as Exhibits
44G-1" and "G-2", duly executed by Rayzor and acknowledged.
(iv) Other items reasonably requested by the Title Company as administrative
re,quirements for consummating the Closing.
(c) At the Closing, Buyer sha11 deliver to Seller or the Title Company, the following items:
(i) The sum required by Article II, Sectibn 2.01.
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
5.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this
Contract, the provision of this Article V, Section 5.03 shall survive the Closing. The following
item sha11 be adjusted or prorated between Westpark and Buyer with respect to the Land.
(a) Ad valorem taxes relating to the Land for the calendar year in which the Closing shall
occur shall be prorated between Westpark and Buyer as of the Closing Date. If the actual
amount of taxes for the calendar year in which the Closing shall occur is not known as of
the Closing Date, the proration at Closing shall be based on the amount of taxes due and
payable with respect to the Land for the preceding calendar year. As soon as the amount
of taxes levied against the Land for the calendar year in which Closing shall occur is
22
known, Westpark and Buyer sha11 readjust in cash the amount of taxes to be paid by each
party with the result that Westpark shall pay for those ta,xes attributable to the period of
time prior to the Closing Date (including, bUt not limited to, subsequent assessments for
prior years due to change of land usage or ownership occurring prior to the Closing Date)
and Buyer shall pay for those taxes attributable to the period of time commencing with
the Closing Date.
5.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing,
subject to the Permitted Exceptions. '
5.05 Costs of' Closing. Each party is responsible for paying the legal fees of its counsel, in
negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is
responsihle for paying fees, costs and expenses identified herein as being the responsibility of
Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the
responsibility of Buyer. If the responsibility for such costs or expenses associated with: closing
the transaction contemplated by this Contract are n'ot identified herein, such costs or expenses
shall be allocated between the parties in the customary rnanner for closings of real property
similar to the Property in Denton County, Texas.
ARTICLE VI.
DEFAULTS AND TtEMEDIES
6.01 Seller's Defaults and Buyer's Remedies. '
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or
more of the following events:
(i) Any of Westpark's or Rayzor's warxanties or representations contained in this
Cdntract are untrue on the Closing Date; or
23
(ii) Westpark or Rayzor fail to meet,'' comply with or perform any covenant,
agreement, condition precedent or obligation on Westpark's or Rayzor's, as
applicable, part required within the time limits and in the manner required in this
Contract; or
(iii) Westpark or Rayzor fail to deliver at Closing, the items specified in Article V,
Section 5A2(a), and/or Article V, Section 5.02(b), as applicable, of this Contract
for any reason other than a default by Buyer or termination of this Contract by
Buyer pursuant to the terms hereof prior to Closing.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and
exclusive remedies for the default, may, at Buyer's sole option, do either one of the
following:
(i) Terminate this Contract by written notice delivered to Seller; or
(ii) Eriforce specific performance of this , Contract against Seller, requiring Seller to
convey the Property to Buyer subject'to no liens, encumbrances, exceptions, and
cainditions other than those shown on the Title Coinmitment.
6.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract on the occurrence of any one or
more of the follawing events:
(i) Buyer fails to meet, comply with or perform any covenant, agreement, condition
precedent or obligation on Buyer's part required within the time limits and in the
manner required by this Contract; or
24
(ii) Buyer fails to deliver at Closing, the items specified in Article V, Section 5.02(c)
of this Contract for any reason other than a default by Seller under this Contract
or termination of this Contract pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and
exclusive remedy for the default, may terminate this Contract by written notice delivered
to Buyer.
ARTICLE VII
MISCELLANEOUS
7.01 Notice. All notices, demands, requests, and other communications required hereunder
shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) the date
provided if provided by telephonic facsimile, and (b) the date of the deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
BUYER:
Anita Burgess, Gity Attorney
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
Phone: (940) 349-8333
Fax: (940) 382-7923
Richard.Casner@cityofdenton.com
Pau1 Williamson; Real Estate Manager
City of Denton Texas
Phone: (940) 349-8921
Fax: (940) 349-8951
Paul. Williamsonn.citvofdenton.com
SELLER:
David 11i1ellina
Mellina & Larson, P.C.
777 Main Street, Suite 770
Fort Worth, Texas 76102
Phone: (817) 335-1200
Fax: (817) 335-1221
Dmellina@mellinalarson.com
Philip A. Baker, Vice President
The Rayzor Company
Phone: (940) 387-8711
Fax: (940) 566-1591
Philip@Rayzorcompany.com
25
With Copies To:
Pamela England, Real Estate Specialist
City of Denton, Texas
Phone: (940) 349-8928
Cell: (940) 391-2795
Fax: (940) 349-8951
Pamela.England@cityofdenton.com
Virginia Kubiak
Title Resources
1112 Dallas Drive Suite 402
Denton; Texas 76205
Phone: (940) 381-1006
Fax: (940) 234-7091
Virainia@trnt.net
7.02 Governing Law and Venue. This Contract is being executed and delivered and is
intended to be performed in the State of Texas, !the laws of Texas governing the validity,
construction, enforcement and interpretation of this Contract. THIS CONTRACT IS
PERFORMABLE IN, AND THE EXCLUSNE VENUE FOR ANY ACTION BROUGHT
WITH RESPECT HERETO, SHALL LIE IN COURTS OF COMPETENT JURISDICTION IN
DENTON COUNTY, TEXAS.
7.03 Entirety ',and Amendments. This Contract embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, related to the Property,
and may be amended or supplemented only in writing executed and authorized by the party
against whom enforcement is sought.
7.04 Further Assurances. In addition to the acts and deeds recited in this Contract and
contemplated to be performed, executed andlor delivered by Seller and Buyer, Seller and Buyer
agree to perform; execute and/or deliver, or cause to be performed, executed ancUor delivered at
the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably
necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the
contrary conta.ined in this Contract, the provisions of'this Article VII, Section 7.04 shall survive
Closing.
26
7.05 Exhibits. The Exhibits which are referericed in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
7.06 Assigns. This Contract sha11 inure to the behefit of and be binding on the parties hereto
and their respective legal representatives, successors and assigns; provided, however, no party
may assign its rights under this Contract without the prior written consent of the other party.
7.07 Time of the Essence. Time is of the essence of this Contract.
7.08 Taking Prior to Closing. If the Property, ariy real property encumbered by the Property,
or any portion thereof, becomes subject to a taking under the provisions of eminent domain prior
to the Closing, Buyer shall have the option of: (i) closing this transaction as provided herein
(with no reduction in consideration), in which event the Seller shall assign to the Buyer at
Closing all condemnation proceeds, if any, as a result of such proceeding; or (ii) terminating this
Contract, as to and only as to the portion of the Property subject to or affected by a taking, by
giving the Seller written notice thereof within ten (10) days from the date such party receives
notice of such taking, in which event this Contract shall be deemed null and void, as to and only
as to the portion of the Property subject to or affected by a taking, and the parties hereto shall
have no further obligations to or recourse against each other either under this Contract as to such
portion of the Property.
7.09 Severability. In case any one or more of the provisions contained in this Contract shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall
he construed as if such invalid, illegal, or unenforeeable provision had never been contained
herein.
27
7.10 Rule of Construction. T'he parties acknowledge that each party and its counsel has
reviewed and revised this Contract, and the parties hereby agree that the normal rule of
construction to the effect that any ambiguities are td be resolved against the drafting party shall
not be employed' in the interpretation of this Contract or any amendments or exhibits hereto.
711 Business Days. If the Closing Date or the day for performance of any act required under
this Contract falls on a Saturday, Sunday or legal hdliday, then the Closing Date or the day for
such performance, as the case may be, sha11 be the next following regular business day.
7.12 Designation of Reporting Person. Buyer and Seller hereby designate the Title
Company as the "Reporting Person" with respect' to the transaction contemplated under this
Contract for purposes of complying with the regulations set forth in 26 C.F.R. Section 1:6045-
4(e)(5).
7.13 Counterparts. This Contract may be executed in multiple counterparts, each of which
shall, for all purposes, be deemed an original, but which together shall constitute one and same
instrument, and the signature pages from any counterpart may be appended to any other
counterpart to assemble fully executed documents, and counterparts of this Contract may also be
exchanged via electronic facsimile machines and any electronic facsimile of any party's
signature shall be deemed to be an original signature for all purposes; provided, however, that
any signature pages transrnitted by electronic facsimile shall nevertheless be followed by the
exchange of hard copy originals.
7.14 Waiver. The waiver by any party of a breach of any provision of this Contract shall not
be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or
another provision of this Contract.
28
7.15 Delegation of Authority. Authority to take' any actions that are to be, or may be, taken
by Buyer under this Contract are hereby delegated by Buyer, pursuant to approval of this
Contract by the CiTy Council of Denton, Texas, to the General Manager of Electric Utilities of
Buyer, or his designee. '
7.16 Expiration of Offer. The execution of this Contract by Seller constitutes, subject to the
terms hereof, an irrevocable offer to sell the Property to Buyer. Unless by 5:00 p.m., on May 4,
2011, this Contract is accepted by Buyer by action of the City Council of Buyer, the offer of this
Contract shall be automatically revoked and terminatied.
SELLER:
WESTPARK GROUP, L.P., a Texas limited partnership
By: Westpark GenPar, LLC, a Texas limited liability company, its general partner
By: The Rayzor Company, a Texas corporation, its sole member
B
Y•
Philip A. Bater, V'ce President
Date Executed:
RAYZOR INVESTMENTS, LTD, a Texas limited partnership
By: The Rayzor Company, a Texas corporation, its general partner
y. 4&"
B
Philip A. B&Ver;/;/P;~
sident
Da
te Executed: 29
BU-Y'EQF DE~TON, T~~'`S
CITY
P$ELL, GIT~ ~''I~AGER
By: ~EDRGE C. CANL
~Oll day of _
EXecuted by B'uyer p" ~e
I,TERSCI'f Y SECVXT~*y
1E~I ER~A
BY ' F~jiZM:
G:~~
~pgpVED AS T~ LE TT~~EY
~ITA ~L1R~E5S, CIT~' A
gy: -
30
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of (i) an executed copy of
this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions
of this Contract and to perform its duties pursuant to the provisions of this Contract and comply
with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and
as further set forth in any regulations or forms promljlgated thereunder.
TITLE COMPANY:
By:
Printed Name: '
Title:
Contract receipt date: , 2011
31 '
,
~
rthur Surveying Q., ~ nC. .
.
, Fro,f~ion$X lr.~e.ad Surveyois
P.O. Box 54 Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
EXHIBIT A
5.922 ACRES
C1TY OF DENTON, DENTON COUNTY, TEXAS
BEING aIl thst certain lo; tract or psrcel of Iand situated in the Joln Aavis Survey; Abstract .
. Nupmber 326, Thomas Toby Survey, Abstract Number 1285 and the James Perry Survey, Abstract .
Nupmber 1040, City af Denton, Dentan County, Texas, and being a part of Lot 2, Block A,.
Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according
to the conveyance plat themf recorded in Cabinat Y, Page 169 of the Plat Records of I7enton
CountY, Texas, and being more parrticulsrly described as follows:
BEiGMMG at a~ inch imn pipe faeuui at the most westerly southeast comer of said I.at
baing the nudtteast comer of Lot 1, Block 1, Westpark, an addition to the City Qf Denton, Denxan .
County,. Texas, accaordin8 to the p1at theroof recorded Cabinst C, Page 127 of the Plat `Recorcb of .
Denton Cobnty, Texas, said point also being in tbe west .line of Lot 1-R, Block A, Peterbillt
_ Addrtian, aa additioa to the City of Denton, Denton County, Texas, accoxding to the plat thereof
reccnded ia Cabinet U, Page 369 of the Plat Records of Danton County; Texas; THENCE North 88 degrees 49 miuutes 49 secands'West, with the north lino of said Lot 1, Block 1, a' distance of 508.56 feet to a fence corner post at the southeast comer of T.ot 1, Block Aof saad
Rsestpark Addition, PMse 2; '
- TMNCE North Ol &V+ee 20 miuutes 35 seconds East, with the east line of said Lat 1, Block A,
a dishmee of 507.89 feet to a%: inch iron rod with a yellow cap stamped "ARTHUR SURVEYIIVG
C0111P'1lNF" set for corner; ,
TSENCE South 88 degrees 53 minutes 19 seconds East, aver, through and across said Lot 2, '
Block A, a distance of 506.80 feet to a h inch iron'.rod with a yellow cap stamped "ARTHUR
SIIRYEYING COMPAJVY" set at the northwest caraer of said Lot 2-R;
THENCE South Ol degree 08 minutes 41 seconds West, with the west line of said Lot 1 R, a
distaacae of 508.40 fe;et to the POINT OF BEGINN]NG, and containing 5.922 acres of land,
more ar less.
~lhf.'T'f~RD P/:~tii~L.EY~t3t
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EXFIIBIT A7 `
~
NORTW
200 -;0 200 Feet
16' utaity Eas~n~t ~
I ~ Ctty of D~ntwi, T. Vd: 1287. Pg. 681 BearMg system baseq pn the City of Danton GIS network. '
~
~Bo~ rwa~th C~r~p~t (
va. tfA Py 724 Section 3, Tiact 7
~ Rayzor Irtveshnents, LTD.
Volume 1796, Page 601
~ RcYraod Spur Eoaemant ,
VoL iB~175~Pg.Cwp85.5 Yqriable NridYh ElactriC UtUity
- - + Easemeni. Doa. No. 2007-20$98
""l'rop' se ' EagRPe`nt
Riglrt-oR-way
S~~F
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70' ELEC. ESM7
~ ~ 5188 53'19 E 506.80'~ T. No. 2007-20899
N 01 '20'36° E 1/2791 1/21 R.S -
69.96' As~.' ;a.~c.•
I ~ o~ Part of Q
Lot 1, Block A co~ Lat 2, $lock A ~ tt
( 'Westp!ark Additiori, Ph. 2_ o stpark Addition, Ph. 2
Gabinet Y, Pgge 169 uWe ~
I Cabinet Y, Page 169 ~ u')
JAME5 P RY SURYEY~ R~5T.hl0. fDSO
~t~+~.
~ 5.922 Acres w Lot 1-R, Block A
~ d- Peterbilt Addition
1 J ~ 104' o Cabine# LJ, Page 369
~cn
~~kF 518.78' FDCE
~ f~
N 8B 49'49" W 590.75• -
~ N 88 49'49" ~ 508.56' 1129.P.F.
' w
~s' utaity Ea.._,.: c
3 City of .Dmfan. Texos
z va. tsei ft gsr
°p 8 _ Lot 1, Block 1 ~ ; ~ ; I
:C L'7
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; Vl CablI1Ct C, P'8$e 127
fGU,l x g
AIRPORT . ROAD N F. M. 1515
.
. '•ti~"t ° .
Y . ~
. a..",'e.
.
, ~ . . ;
- _ .
5922 Acres :
John Davia Survep, Abst. No. 326 Arthur Surveying Co., 1~C.
Thomas Toby Surpey, Abst. No. 1285 Jwmes Pe]GTy 5`eu~vey, Abst. No. 1040 Ptofessional Land Surveyors
City Qf D6IItOII 972..yZI -.9439 Fax 972-12I-4675
Denton COuntp, Te][8s zaoMm srv.-4 suite 20n P.D. Box 54
201a - u**VMo Texas 75067 ~ .
. Ci\CG09OODW096! ' Jn di'htN DME f.,., twO~t~E73 aore slie+frC Si/l9fE0t6 IC@S+SS AM CST . I . .
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.
1 OF 18~
A rthur Surveying Co., ~ ne.
.r.*nd SM-Veyo= .
P.O. Box 54 - Lewisvitlb, Taxas 75067
office: (972) 221-9439 - Fax: (972) 22I-0675
0.451 AC'RES
CITY OF DENTON, DENTON C'OUNTY, TEXAS
BEING all that certaia lot, tmct or parml of land sitaaud in the Thomas Toby Survey, Abstract
Number 1285, Ciiy of Denton, Denton Count.y, Tacas, and being a part of gat certain tract of
bnd deeded to Rayzor Inveshnems, L1fi. atnd descnbed as Serxion 1, 'Frut 8, recorded. in
Volume 1796, Page 601 of the Dced Records ofDenton County, Texas, auii being more
paraicutarl3' described as follows:
BEGINNING at a poiat:in the east line of tha# certain iract of land described in deed to Dorothy
Nell Coolc, recosded in Volume 982, Page 29 of the Deed Rwords of Dernon Cmnty, Texas,
from which a,'/: inch iron rod found at the smrtheast cvrner thereof bears South 00 deg,rees 01
minutcs 58 saoonds West, a distance of 10.00 ftt;
7`HENCE North 00 degcees Ol miuute 58 seoonds East, with the east line of said Cook fracC, a
distaace of 30:00 faet to a gaint for corner;
THENCE South 89 degrees 42 minutes 27 seconds Eaa, over, across and thnough said Rayzar
ttmct, a dialance of 654.64 fea ta a point in the we.st litae of tlat certain tract of land described in
deed to the City of Denton, wccorded in Vohune 516,'' Fage 648 of the Daed Recordss of De7rton
Coum,Y, Twas;
THENCE South 00 degrees 08 minutes 14 seconds', East~ vaith the west line of said City of
Daton tract, adistaace of 30.00 feet to a pv:nt from• wbich the southvvest corner of said City of
Deaton tact bears Sauth 00 degrees 08 minutes 14 secoinds Eas~ a distance of 14.00;
THEIITCE North 89 degrees 42 menutes 27 secmds West, 10 fed north o£ and parallel to the
north line of said Airport Road, a distance of 654.73 feet to the POINT OF BEGIN'NING, arid
containing 0,451 acres of Iand, more or les.s.
d
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sowin9 ,y,tm bo..a «n the pty o} Osnton as , n.t.o&
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SCCt1011 1, T3act $
R.ayzor Inveshnents, Ltd.
Volume 1796, Page 641
D.RD.C.T.
(remaiader)
\
UNE TABLE
LtNf I BEARIN6 F IENGTH
Li I N0001:58'E t .30.00•
~ L2 ! S00'Q8'f 4"F I ?10.00'
PROP05E~ 3d YE~fPORARY COIVSTt~1CT~EEMV EASE'A~WT -
4.
S 894227" E 654 64'
o~,~~
4~~ ~p' p
'
N~
~
~
_ .
- - - - _ - _ -
30' EASEk1ENT s ooro8'14° E
p e ' 10.00' N 10.00,
L
S QO'Oi N v9~'T'Z 47 ~W 6S4.7a3'~ ~ - D
~58" W N 89'42'27" W 654.76' ~
10.00' tpF ~ tV 89 4227" W
X AO A.T. R P O R T ROAD - F. M: 1515 ~ 591.00
0.451 Acres in the
Thomas Toby 9urr►ey, Abst. Na. 1Z85
City af 73enton
Uenton Countp. Texas
~ -.ZQ}p_
Y!~OB~WD~tlbb'1 " JI'1 GMfe7l:RE E67fnt~rt~ry~l9U61t7_esnCE~W.Y~or'd~q 1f2J/20ll 4,TJ49 PM lYT - -
~:~i _ . ' . . . . . . .
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:F,r~r€,~,ssionat L~rtd Sur~e,yors
972-22I:9439 - Pya 9T2-221=4675
220 Mm Srop& SniAs2bYt - P.a Bcw 34 /
LewtovllER Tacts 73067
~
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. rt_iur Surveying,Co, -'nc.
~
P+a&sszo.ua.F Zana surveyors
- P.O. Box 54 Lewisville, Te7cas 75067
Office: (972) 221-9439 F$x: (972) 221-4675
1.720 AC'RES
CITY OF DENTON, DMON COUNTY, TEXAS
BEING a11 that certgLin lot, tract or parcel of land situa#,sd in the Thomas Toby Sutvey, Abstxact
Number 1285 and the Ioban Bacon Survey, Abstraa Number 1541, in the Gity of Denton;l7ento~n -
Couuty, Texas, and being a part of that certaiu tsact of laad described in .deed to Fiayyzor
Investme,nts, LTD., recorded in Vo2ume 1796, Page 601 of the Deed Recoxds of Denfon Coiznty, :
Texas, anld being moxe particularly described as follows: . .
gEGIlVNING at s point ia the east line of thax cdtain traet of land dbscribed in deed to the Gity
of Denton, mcarded in Volume 516, Page 648 of the Deed Records of Denton County, Tem,
- from whir,h a 1/a inch iron rod found at the southeast corner thereof bears Sauth OCt degrees 08
minutes 14 seconds Fast, a distance of 16.00 feet and being in the north line of Airport Road, also
lnown as F.M.1515, apublic roartway, '
THF,NCE North OQ degrees 08 minutes 14 seconds West, with the east Une of said City of
Denton tract, a distAnce of 30.00 feet to a point for corner; .
TIMGE' over, acros:s and thraugh said Rayzor Investments tract the fotlowing nine (9) calls:
South 89 degrees 42 min;utes 47. seconds East, a distaace of 78.97 feet to '.a point for :
cflrner,
. North 23 degrees 43 minute,s SZ seconds Eas~, a distance of 48,90 feet to a point for corner;
North 00 degrees 17 minutes 36 seconds 44st, a distance of 10.70 feet to a poi.nt at tb.e
beginuing of a aurve ta the righthaving a radius of 1309.50 fest;
Continuiag with, said curve an arc length of 238.39 feet, having a, delta angle of 10
degrees 25 minutes 49 seconds, whose chord bears North OS degraes 30 minutes 30
seronds East, a'distance of 238.06 feet to a pbint for comer;
North 14 degrees 43 minutes 25 seconds East, a.distance of 333.66 feet to a poiat at the
- begiuniag of a Gurve ta the left having a radius af 1090.50 feet;
Contynuing with said curve an arc length af 182.46 feet, having a delta angle of 09
. degrmes 35 minutes 12 seconds, whose chord bears North OS degrees SS minutes 49
seconds East, a distance of 182.25 feet to a point for corner,
North Ol degree OS mintrtes 13 seconds East, a distance of 33.52 feet to a point far
corner; ~
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rthur Surv~ Co., ~ C.
.Fxofessionsl Zand ,Surveyoss
. P.O. Box sa - Lowi sville, Tcxas 75067
Qffaice: (972) 221•9439 Fax: (972) 221=4675 North 00 degrm 07 manutes 42 seconds Fsst, a distanCe of 1:54114 feat to a pointi. fiir
coFnei;
North 75 deg,rees 33 miuubes 35 seconds', Eas4 a distanee of 31.40 feet tv a point in the
west line of Lot 2, Block A, Westpark !Addition, Phase 2, an addition to the City of
Iyentan, Denton Coimty, Texas, accordiiYg. to the conveyance plat thereof recorded in
Cabinet Y; Page 169 of the Plat Records of Denton County, Texas;
ZHENCIZ South 00 ;degrees 07 minntes 02 secrands West, with the west Yine of said Lo# .2 aiid °
then cont4nuiag with the. westerly line af Westem Boulevard; a public roadway, a distanoe af
, 1549.47 feet to a poiut for comer,
TMNCE South Ol degree 08 minuies 13 secands W esk, coatinuing with the west line of said
Westem Boulcvard, a distance of 33.62 feet to a pount at the beginning of a curve to the right
having a riLdius of 2120.50 feaet
,
THM11TCE, continuing with said curve ea arc length of I87.4$ feet, haviog a delta angle of :09
degc+ees 35 minutes 12 seconds, whase chord bears South OS degrees 55° mi,nufes' 49 seconds
Wesk, x distance of 187.26 feet to a point far comer,
THENCE'South tQ degremes 43 minutss 25 seconsls West, continuin.g with the west Iine of said
_ Western Boulevsrd, a distance of 333.66 feet to a'poiat at the beginniug of a curve to the left
haviag a radius of 1279.50 feet;
T"JEEENCE continuing with said cvrve~ an axc length of 232.93 feet, having a deltEt angle of 10
degr~ees 25 mmutes 49 seconds, whose chord bears South 05 degrees 30 minutes 30 secntzds
West, a distance of 232.64 feet to a paint for corner,
THFJNG'r South OU degrees 17 minutes 36 seconds' West, oontinuing with the wast line of said
Western Boulevard, a distxnce of 16.92 fed to a point far corner; .
THENCE South 23 degrees 43 minutes 52 seconds'West, continuing with the west line of said
: Westem Botilevard, s distance of 74.81 feet to a point in the west Iine of said Western Boulevard;
T~.NCE North 89 degrees 42 minutes 47 seconds West, over, across and through. said Rayzor
Investmeats tract, a distauce of 98.44 fe,et to the POINT OT SEGIlNNIlVG, and containing 1.720
acres of land,. more ar less. . ,
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D.R.D.C.T.
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rt-lu.r Surveying CO., -nc. .r,ana suz-vey-o;m
P.O. Box 54 - Lewisville, Tcxas 75067
Offce: (972) 221-9439 Fax: (972) 221-4675
2.667 ACRES .
CITY OF DENTON, DENTQN COIINTY, TEXAS '
BEING atl that cerEain lot, tract or parcel of land situated in the 7ohn Scott Survey, Abstract
Number 1222 and tbe 7ohn Bacon Survey, Abstract Number 1541, City Qf Denton, Denton
County, Texas, and: being a part af that certaiu tract of Iand- described in cieed ta Rayzoir
, Invesmients, I,td., SOction 1, Trad 7, recordea in rtlolutne.1796, Pa$e 601 of ttie Dead Recorcls of
T)enton County, Texa, and being mara particularly described as fotlows:
BF,GINNING at a point in the east line of that .certazn tract of land deseribed 'zu deed to Ed
Wolsld, Trustee and Virginia Fryman, recorded in Volume 2$95, Page 470 of the Deed Record,s
of Aeaton Cotinfy, Texas, from which the northsast cazner thereof bears North 40 degrees 15
minutes 52 seconds East, a distance of 55.00 feet, being in and near the centerline of Jim Christai
Raad, a pitbvc raadway, '
, T'SENCE over, throuigh aud across said Rayuor Invesiments tact the fallovving s~ (f)
caUs:
ATorth 89 deglrees 43 minutes 31 seconds East~ $ distaace of 394.57 feeti ta a point for
corner; .
. South 04 degrees 31 minutes 20 seconds East, a distance of 338.80 feet to a point for
corner; .
, Narth 85 degrees 28 minutes 40 seconds kast, a distauce of 311.18 feet ta a poiat for
corner; '
North 04 degrees 31 minutes 20 seconds West, a distance of 131.33 feet tc> a point for
coruer; '
. North 40 degcees 28 minutes 40 seconds East, a distance of 216.29 feet to a point for
coiaer;
North 89 degrees 43 mmutes 31 seconds East, a distanee of 595.05 feet to a point in tlie
west line of Wsstern BouIevard, a pubIio roadway;
TBENCE witti the west line of said Western Boulevard the following nine {9) calls;
Soubh 40 degrees 33 minutes 19 seconds East, a distance of 2.54 feet to a point for
carner;
- 5outh 01 degree 09 minutes .14 seconds West, a distance of 337.07 feef to a point for
cvrner; .
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' .
, . , . : ~ .
. ,
.
EioF~ss
rthux Surycying, Co., ~nc.
- rl~vfessio.as:~► r.~uri suz~reyas~
' P.O. Box 54 - LewisviIle, Texas'7546'7
Uff'ice: (972) 221-9439 Fax: (972) 221-4675
South 04 degrees 33 minutes 24 ssconds East, a distance of 201.00 feet to a point far
CC11A8I'; ;
South 41 degree 09 minutes 14 seconds' West, a distaace of 80.14 feet. to a point at the
beginniag of curve to the left having a radius of 1267.50 feet;
Contiuuing with said curve an arc length of 642.73 feet, having a delta angle of 29
degrees 03 minutes 14 seconds, whose' chord bears South 13 degrees 22 minutes 23
teconds F..ask a distance of 635.86 feet to a point far corner;
Soerth 27 degreos 53 minutes 57 seconds East, a distance of 393.57 fwt ta a point for
conaer; '
South 22 degrees 11 minntes 21 seconds East, a distance of 50.25 feet ta.a point_for
cbmer;
Sauth 27 degrees 53 minutes 59 seconds Fast, a di.ttance of 159.75 feet ta a point at the
beginniag of curve to the righ# haviag a radius of 1127.50 feet
Continuing with said curve an arc length df 4.42 feet, liaving a delta angle of 00 degrees
13 minutes 29 seconds, whose chord bears'Sou#h 27 dagrees 47 minutes 16 seconds East,
a distance af 4.42 feet to a point in the we!st lioe of Lot 2, Block A., W,estpark Addition,:
Phase 2, an addition to the City of Denton, Den't~on County, Texas, aceording ta the
. canveyauce plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton
Cdunty, Texas; '
7`MNCE South 00 degrees 07 minutes 02 seconds West, with the wast line of said Lot 2, a
distance af 67.86 feet to a point at the beginniarg of a noa tangent curve to the left having a radius
of 1097.50 feet;
TSENCE over; tbmugh and across said Rayzor Investments tiact the following fourteen (14)
calls: •
Continuing with ssid cwve an arc length of 6437 fect, having a delta angle of 03 dsgrees
21 miautes 37 seconds, whose chord bears North 26 degrees 13 minutes 12 seconds
West, a distauce af 64.36 feet to a paint for corner;
North 27 degrees 53 minutes 59 seconds. West, a ctistauce of 161.24 feet to a point for
corner;
North 22 degrees 11 minutes 21 seconds West, a distance of 50.25 feet to a point for
contiea,
c:l2ooslcoM0869 -iim chrisml ame c==Wfld0csi1008127 esmYr rayzor.aoc
E ol~ B
rthur Surveying Co. _ nc.
. ,
. Pro.fessioxxd .Land Sa,rrrve,yars
P.O. Box 54 - Lcwi'svilie, Texas.75067
Office: (472) 221-9439 Fax: (472) 221-4675
North 27 degrees 53 miautes 59 seconds West, a distanae of,392.07 fest to a point at the
:beginning of a cvzve to the right liaving a radius of 1297.50 feet;
Continuing with said curve an arc Ienigttr of 657.94 feet, having a delta angle Qf 29
degrees 03 minutes 14 seconds, whase ahozd beazs North 13 degrees 22 minutes 23
seconds West~ a distmce of 650.91 feet to.a point for corner;
North Ol &gree 09 minutes 14 secands Fast a distance of 78,65 feet to a, point for
comer; ,
North 04 degrees 33 zniuutes 24 seconds' West, a distance of 201:00 feet to a poiut for
cornea;;
North Ol degree 09 miautes 14 seconds. East, a dismnce of 300.75 feet to a poinf for
cdrner;
Soutb $9 degrees 43 nninutes 31 seconds West, a distanc$ of 552.23 feet to a point for.
corner; ,
South 40 degrees 28 minutes 40 seconds West, a distance of 190.12 feet to a painf for
corner; '
South 04 degrees 31 minutes 20 seconds F.ast, a distance of 14$.90 feet to a paint far
cornea;
South 85 degraes 28 minutes 44 seeonds West, a distauee of 371:18 feet to a point for
cornec; '
Noxth 04 degrees 31 minutes 20 secands_ VfTest, a distauce of 340.94 feet to a point for
comea;
, South 89 degrees 43 minutes 31 seconds West, a distance of 367.00 feet to a point in tlxe
east line of said Wo1sIa tract;
T$ENCE 1Vorth 00 degrees 15 minutes 52 seconds Fast~ with the east line a:f saud Wolski tract, a
distAnce of 30.00 fetst to the POIlVT OF BEGIlVI1XG, and conteining 2.667 acres of Iand, more
or Yess.
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Jahm Bscon ~~e~'~tan T"o ~scJSr
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rthur SuxveY~ng CO., = nc.
nmfbssiona7r r.,ana surveyors
P.4. Bax 54 - Lev~+isvillc, Tezcas 75067
Officc: (972) 221-9439 Fax: (972) 22I-4675
0.024.ACRES . .
CITY OR DENT4N, DF,NTUN CUUNTY, TEXAS
BEING all thai camin lot, tract or parcel of' iaud . situated. in tha J. Bacon Survey, Abstract
Number 1541, Crt,y of Dea►ton; Denton County; Texas, and beuig a part of that certaiu tract :of
hand descn'bed in deed to Rayzor Investments,' LTD., Secbiion 1, Traet 7, rectnded in. Volume
I796, I'age 601 of tha Deed Records of Denton Coun#y, Texas, and being maare particularly
descdbed as follaws: '
CQMMENCIl+tG at the nnrthwest corner of W'astpark Addition, Phase 2, an addition to the Gity
, of ])enton, Dentoa County, Texas, according to tbe conveyance plat thereaf recorded in Cabinet
Y, Page 169 of the ,Plat Rtcords of Denton Couinty, Texas, fram which the northeast corner of '
" said Raymr Investments tract bears North 00 dei$nees 01 miinute 06, secQads East; a distaric~s of
29.97 fe~ bcing in and near the approximate ceriterlino of Jim Christl.Road, a public raadway;
THENCE South 00 degrees 02 minate 06 seconds West, with the west line of said Westpark
Addifiion, P'hase 2, a distance of 45.00 feet to a paint for corner;
TBZNCE Sauth 89 degrees 43 minutes 30 secontds West, aver, thmngh and a.cross said itayzor
Jiivestiments ftct, a distance of -188.56 feet tfl the POINT QF BEGIlVMiNG; .
1'HENCZ South. 00 dagirew lb minutes 30 seconds East, continuing over, tlYrough and across
said Rayzor Invesiments traot, a distance of 30A0 feet tio a point for corrier, .
• TSENCE South 89 degrees 43 minntes 30 secoods West, continuing over, through and across -
said Rayzor Iavestiments tract, a distauce of 39.06 feet to a poiut in the east line of, W estern
Boulevarci, a public roadway; "
. 1'BENCE North OI degre,e 09 minutes 14 secoiids Eask with the east Iine of said Western
Boulevard, a distance of 15.64 feet to a point for coirner thereof,
THENCE North 45 degrees 19 minutes 51 secontis Fast, continuing with the east line of said
Westem Soulevard, a distance of 20.53 feot to a point for corner;
T$~'•NCE North.89 degrees 43 rainutes 30 seconds East, over, through and across said RWor
Inveslments trsct, a distauce of 24A0 feet to the POINT OF BEGIlNNING, and cantainiug 0.024
acnes af laad, more or less.
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~X~Fi~F 1$
~ L1NE 7ABLE
L1NE I @EARING ( LEN67H 11
NORT~ ~ Lt l N00'01'0rF I 29.97'
~ L2 I 50032'00"W I 23.25' ~
50 d SQFeet '
. c.._., ~
Baoring eystam bowd at the City of Dmitoo q3 network. '
\ •
~ Diaane Davis
Atkinson, Jack D. Atkinsoxi,.
Wa11act E. Davis, Jr. and MV. T?avis
' (VoL 612, Pg. 430 lV89'23'37 "E cNi
' 156.90'
_ ~l4_... _ .
3/a-►.a:~ aEnas
J.IAI CHRISTAL ROAD :Z N89-23•31•E 0.40 ~ N89'43'30"E JD. d. 6.
24.00 N$923'31."E
~ N45'19'5f "E / ' ~o - ,~~~.3s•
a ° \a.o.w. aEOtcnnoro
20.53' -JD . (CAB. Y, PG. 169)
PROP45m 20' D',M.E EASEMENT ~ .
w„r
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C' s6s•4s'3opw EqsErtavT ~
~ 39:06' 0.024 ACRES
~
~ 3eckion 1, Traci ?
Rayrmr Inyestrnents, LTD.
~ (VoL 1796, Pg. 601)
AC10 E .,`:.::~.,`i'.._..'.:~
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0.024 Acres ~ ~e rt: iur Surveying"'
J. BBeon Survey, Abst. No. 1541 ' Pxafessional Laud Sruveyors
Citp of Denton 9M221-9a39 - Par 972-221-4675
Dent'on Caunty. Texa:s ' zaa srm srre=4 smis zoo p o. sox s4
- 2ot o - .towisriue. Twres 75067
cuaee~mc~ - aw u~r~a crc te..m.~~w.v~uosir~~ks ~er.a.o i~~a/amu r~c~s ru mr
12HOFr18
rthur Surv e ir~ Co. -nc. -
Y g ~
. Professivvar .Y.ana 5ux%~eyors
P.O. Box 54 - I.owisville, Tcacas 75067
' dffce: (972) 221-4439 Fax: (972) 221-4675
, 0.343 AC'RES . CITY OF DENTON, DENTON CUUNTY, TEXAS
~ ]3E3'NG all that certain lot, tiact or parcel of Iand situated in the J'ohn Seott Survey, Absiract
Numbar 1222 and the Jahn Bacon 5urvey, Abstract Number 1541, City of benton, Deixton
-
County, ' Texas, and being a part of *at certain tract vf land described in deed to Rsyzor.
Investments, LTD., Sxtion 1, Tract 7, recorded io Volume 1796, Page 601 of ihe Deed Records
of Dentost Connty, Tem, and being more particuliarly deseribed as follows:
BEGINNIIYG at a poant in the east liaa of Westctn Boulevard, a public roadway, said point also
being in tha east line of said Rayzar Investmen#s tract and the west line of Lot 2, Block A,
Wesipark Additioa, Phass 2, aa addition to the Citiy of Denton, Denton County, Texas, according
to the conveyanco plat ti=eof recorded izi Cabinefi Y, Page 169 of ttae Plat Recerds of Deuton
County, Texas and finm w&ich the saurhwest corner of saidLot 2 bears South 00 degrees 07
muautes 02 secoads West, a distaincc of 4755.01 feet; .'I'SENC'E with the east Ii,ne af said Western Boulevard the following five (5) calls:
Ncrrtb. 27 degrees 53 miautes 56 secands W'es4 a distance of 293.12 feet to a point .at the
begaawing of a curve to ti~e right having a radius of 1132.50 fee~ Continuing vhith said curve an arc lengff of 574,27 feet, having a delta angle of 29
dopees 03 miautes 14 seconds, avhose cliord bears North 13 degrees 22 mixrutes 23
seCOnds WeA a distance of 568.14 feet ta a point far earner; '
North Ol degree 09 minutes 14 seconds FW4 a distance of 125.15 feet to a point for
cozner;
North 06 degrees 51 minutes 52 seconds F,ast, a distance of 201.00 feet to a paint for.:
corner;
North Ql degree 09 minutes 14 seconds F,zst, a d.istance of 313.98 feet to a point for _
corner, '
T'BENCE oyer, tbmugh and across said Rayzor Investments tract the foll4wing six (6) calls:
North 89 degrces 43 minutes 30 saconds East, a distance of 10.00 feet .ta a point for
cornes; Sout't Ol degree 09 minutes 14 seconds We$t, a distauce of 314.73 feet to a point for
. cornar;
c:120081cod1280869 - jim christal dme easemearldocsll D08127 esntl0 ray,tor.dac
~+bBFffla
rthur Surveying Co.,
r-a sVe7oXS
, P.O. Box 54 - Lewisville, Tcxas 75067
Office: (972) 22I-9439 ~ Fax: (972) 221-4675
South 06 degrees 51 minutes 52 secan4 West, a disfiance of 201.40 feet to a point for
corner;
South Ol degres 09 minutes 14 secands Wesf, a distance of 124.65 feet to a goint at the
beginning of a curve to the Ieft having a rad'zus of 1122.50 feet;
Continuing with said enrve an arc lenptb af 569.20 feet, having a delta angle of 29
degrees 03 minutes 14 seconds, whose'chord bears South 13 degrees 22 minutes 23
scconds East, a distance of 563.12 feet to a point for corner;
5auth 27 degrees 53 minutes 56 seconds East, a distance of 274.33 feet to .a point in thc
Wcst line of said Iot 2;
T$ENCE South 40 degcees 07 minutes 02 seccrnds West, wzth the west line of said Lot 2, a
distance of 22.29 feet to the PO1NT OF BEGINNING, and oontaining 0.343 acres of Iand, mc►re
or less.
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John Scot n S~ gbst. No. 151
ciha B~aca
~ City of DenEon
Dento~i County, Texas 3
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rthur Sufv g ° n
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.F'mfe~io.n~1.T..~ad Suxveyor.s
P.O. Box S4 - I.ewisvillo, Texas 75067
()ffiice: (972) 221-9439 Fax: (972) 222-4675
U.342 ACRES
CITY OF DENTON, DENT0N COuNTY, TEXAS
BFING aU. #to certaia lot, ftct or pamel of land sihiated ih the 7ohn Soott Suivey, Abstraet Numbex 1222,
in the Cii3► of Denton, Dcnton Coimty► Tms, aud being s p,m af ttmt oertain iract of land de 'bed iin deed
w Rayzor Iavostmsts, LTD., reoonded m Voimm 1796, P* 601 af the Dea1 Records of Dentan County,
Texas, and beip*mmperticutniy descn'bed as follows: COMMMCING from a'r5 imch imnn md fauwd in a oom¢r rlip in ft west liae of Westem Boulevard, a
Pnb1iC rnadway,
THENCE Sawlt 40 ftoes 33 mimates 19 socands East, with the west line of said WftUrn Houievard, a
distwGCe af 36.38 feet ta ttec POINT OR BEGI1vMG;
THENCE South 40 degmu 33 minuta 19 mconds Eas4' owinaiiag with the west line of said Westent
Houlevard► a distsue of 13.11 fieet to a pcriut for oorner; '
TSMNCE Sa#lt 89 degoees 43 mimrtes 31 scocus West~ ovear, through antl aeross said Rayzor tract, a
distanoe of 784.22 £Bet to a point far oommr, '
THENCE Sauth W degrees 16 mimtes 29 aa;omds East, cuufimjing thaough said Rayzar tract, a diftnCe
af 10.00 feet bo a point fiur oomer,
1`HENCE 5auith 89 degrees 43 wi~eS 31 sooomds WCSt, coahmunng tlwugh seid Rayzor tract, a distance
of 267.75 feet ta a pnint ia fhe west liae af a Sutfaoe Eaftment to Eaglaridge F.nargy, acaonding ta tte
Secwd Ammdment w SutEwe Fasoment Ageemem revoided uuder Insdnunent No. 2010.70722 of _the
Qfficial Pabtuc Reoords of T]cnton Coimay, Tcxss;
TSENCE North 04 depes 31 mmuke.s 24 meoomds West,', with the west lime of said Eaglericge Fnm-gy
easement, a distance of 20.06 fied to s point for oorner,
THENCE NaRh 89 degrom 43 mia~es 31 sacom+as East, over, tlttough and across said Rayzor tract, a
diaance of 1044.98 feet to the PO1NT OF BEGIIVNING, a#►d c:onWning 0302 acres of tand, more or less:
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NOR"TH
zoo a 200 Feef
8eoring system boNd an tha Oty of Oenton QS networR
16 OF 11t
Johm D. Davis
(VoL 1115, Pg.141) )
1
\1
9 JrM eRRrsTAt RoAD
S89 43'31 "W 2336.65'
~ ~ FAD
- 9'43`37 'E i 0~44. 98' 5p.
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,
S$ 43 31'~W /~g9'4:3'3f'rVl~ l84.22'"- L1
~ 267.75' ~1 PROPOSED 3p' EASEMENT--' ~
I y - & RtGHT QF-WAY . ~ ~
- EASEIWENT
£
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lnst. Ne. 20f0- 722
~ I (SLsface Lloae Only)
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Ray2o~ r~a. I ~ ~
(VoL 1796, Pg. 601)
>
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UNE TABLE IST
I
t1NE 1 6EARlMG I LENGTH (
tt ~ S4p 33'19~E ~ 13.11' 1
L2 I S00'16'29"E I 10.00'
L3 I N04 3T'20"W I 20.06' ,
L4 ~ S40'33'19"E { 36.38' ~
f.5 I N90'79'28"E 1 27.72' ~
L6 I . N04731'20"W 1 23.38' ti
Easement -
0.302 Acres in t,he
John Scott Survey, Abst. No. 1222
Citp o# Denton
~ Dentcn Countp. Tesas
~ - 2010 -
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surveyors
P.O. Box 54 - Lewisville, Tcxas 75067
Officc: (972) 221-9439' - Fax: (972) 221-4675
4.009 A.CRES
CITY OF DENTON, DENTON CUUNTY, TEXAS
BEING aU tha# cextain lot, tra.ct or parcel of Iawd situatsd in the John Scotk Survey, A.bstract
' Number 1222, Gity af Deutoa, Iknton Couuty, 'Texas, and being a part of that certain iract of
Iand descn-bed in 'deed to Rayzor Investments,. LTD., Section l, Tract 7, recorded in Vo1ume.
1796, Paga 601 of xha Deed Records of Denton County, Texas, and being znore particulatly
. descn'bedias follows: .
COl.Vi1V1'ENCING at a point in the south Iine of that certain traa af land deseribed in deed to
John D. Davis, reco=ded in Volume I115, Page 241 of the Deed Records of Denton Couuty,
'T'exas, beiug in and nesr the approximate center2uYe of Jim Christal Road and in the west lins of
Wostenn BouIevard, a publia madway and from which a PIC Nail faund at the southwest corner of
said Davis -tract bears South 89 degrees 43 minutes 31 seconds West, a distance of 2336.65 feet;.
TMNCE South 10 degcees 19 niinirtes 28 secomds West, with west line of said Westem
Boulevard, a diqhm of 27.72 feet to a%: mch irbn rod with a yellow cap stamped "ARTHUR
SURYEYMG COMPANY" fouad far comer;
TSCNCE South 40 degrees 33 minwws 19 seconds East, cQntinuing wi,th the west lise of said
Westein Bonlcvard, a distaaca af 49.48 feet to the POINT OF BEGINIVING;
THENCE Sc»uth 40 degraes 33 mi.nutes 19 seconds East with the west line of said Westem
Boulevard, a dxstance of 13.11 feet to a point for coriiea; •
TffiTCE over, through and acnoss said Rayzor Tnvestments trmd the follawing thzee (3) ca11s:
South 89 degrees 43 minutes 31 seconds West, a distance of 39.32 feet to a point for
cornier;
North 40 degcees 33 minutes 19 seconds West, a distance of 13.11 feet to a point for
COti1el;
North 89 degrees 43 minutes 31 saconds East, a distance of 39.32 feet to the POTNT OF
, BEGINiVYNG, aad containiag 0.009 aeres of land, more or less.
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~ EXHOF 18
18
F Jr+nur. I ~
LINE I BEARlHO I LENGTH -
lt I S.t033'1 a"E I 13.9 Y
~ NORTH L2
300 0 300 Feet f.,
' 81arln9 systan barW on ths Cky ot Oenton q5 network. JQilJt L. D$VIS
(Vol. 1115, Pg. 141) JD • (0• (6+
1
S89 43'31 "W 2336.65'
~
aAr M[ t7n
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JIM CH.R~IS'TAL ~,,'OAD ~ "
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30' _EASEMENr-''
- ~ • V . JJ ,
. O.WB ACRfS, .
PrOoPaSo za o.M.E EasEMEur 39,12, \
<1~ j
; S89 43'31 "W q
' 39.32' ,
PROPCSEO 30' EA5E7rENr ec R1dtr.-c w,►r
-
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3
I
Section l, Tract 7 N4
~ ~:ayzor Investments, Ltd.
(VoI: 1796, Pg. 601) U)
- _ ~
30 -.8asement rt:lur Surveying Co., I
nc.
o.oog A~es ~ the John Scott Survep, Abst. No. 1222 .Pr-ofessianaX Land Surveyors
Citp of Denton 972-22I-9439 - PkX972-221-4675
'
Denton Caunt p, Texas aW Mm sav~a4 sWft aoo p o. .aax 54
- 201a- z.-mdswtth zL=w 75067 ~
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' EXH~F 81
. rthur Surveying Co., nc. .Fmfe.ssional X,ax2d Surveyo,zs
P.O. Box 54 Lewisvillo, Texas 75067 Offce: (972) 221-9439 ~ Faac: (972) 221-4675
0.025 ACRES CTTY OF DENTON, DENTON CUUNTY, TEXAS
RE1NG $Il that certain lot, tact or parcel of land'situated in the Thomas Toby Survey, Abstract
Number 1285, City of Dentan, Dentort Counfy,;' Tcxas, and being a part of Lot 2, Block. A,
Westpsrk Additian, P"hase 2, an addition to the City of Denton, Denton County; Texas, according
to th8 plat themof recorded in Cabitet Y, Page 169 of the Plat Records of Denton. County, T'exas,
sud being more particularly desmibed as follows:
BEGDNNMG at a Ys inch iron rod with a yellow cap stamped `ARTHUR SURYEYING ,
COMPANY" set at the most southesst cormer of Westem Boulevard, a pubIic rosdway an.d being .
in the narth line of Airpart Road, also Isaown as F.Iv1.1515, a pubIic roadway;
1'HENCE North 44 degrees 42 minutes 24 secamds 'W'est, with the east line of said Western.
Boulavarcl, a distance of 42.43 feet to a% inch iton rod with a. yellow cap stampgd "ARTB't1'R
StTRYEYING COMPANP" set;
THENCE North 00 degrees 17 miautes 36 seamqis East, continuing with the east line of said .
Western Snulevard, a disiance of 21.00 feet to a poimt for cor.ner;
TSFNCE 'ovex, across and thraugh said Lat 2 the foRowing two (2) caUs:
Sauth 89 degrees 42 minutes 24 sBCOnds ' East, a distarice of 30.00 feet to a point for..
corner;
SoWh OU degrees 17 minutes 36 seconds Wast, a distance of 51.00 feet to tha POINT OF
BEGEqNING; sud contaiaing 0.025 acres of land, more or less.
~
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;
,
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30 NO~TH
30 Feet
8eor(nq syatem ba»d on Fhe City of Dmton pS network. '
~ Lot 2, Bl,ock A .
Westpark Adr3ition, Phase 2
Fj Cabinet Y, Fage 169
P.R.D.C.T.
~ id I 16' U7iU7Y ESIiiT -(V.]237~p.85D)
, S/d7.R.f.~ ~ ~ q ~ ~ ~ r. .
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No EAS
EMENT-1' . ~ ,
U ~ S89'429~40E 0.023 AGRES
~4~~r .
30.00' ii/*8
PROPOSEO I J
O ~y
PORARY
C EA5`~EA~uENT N
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(C.K) N89 4227"W
293.07'
AIRPDRT ROAD N~ FM. 1515
, .
Ea.sement
! Lhur Surv'ei
. 0.025 Acres in the
A
• ThomBS Toby Survey, Abst. No. 1285 ' Pro.fessioaal Z.aric3 Surveyors
Mp of Llenton ' 972-22.1-9439 - F&r972-aa1-467.f
_ I]antnn Cev»#v_ Texacs "n m., .e,. . c„sty -I~M - nn 0,.,: rA
~
E~OF 9B1
: rthur Surlve ing Co. -nc.
y a
, P`rufe~ssionaP Za.ud San*veyors
P.O. Box 54 - Lewisville, Tpcas 75067 , Office: (972) 221-9439 - Fax: (972):221-4675 I
, I
1.415 ACRES !
CITY OF DENTON, D'FNTON COIINt'Y, TEXAS
BEING ail thst certain lot, tract or parceI of Iand situated in the James Perry Sun!ey; City of '
Z)enton, Denton Couaty, Texas, and being a gart of Lot 2, Block A, Westpark Addition, Phase 2,
. ati additioa to the C;ity o€ Denton, Denton Couuty, Texas, aceordiuzg to the conveyance plat
. tltereof recorded in Cabinet Y, Page 169 of the P14t Records of Denton Coun.ty, Texa,s, and being
. more partieularly des¢nbed as follows: ' i
, i
BEGIlNNIING at a point ia the westesterly line cjf Westerri Boulevard, , a public roa.dvvay,. said ' i
pbint beutg in the cast line of that certain i~rract of Tand descnbed ixt deed tcr Rayzor Tnvest~ne~a.ts,
LTD.; reaorded in Volume 1796, Page 601 of the Deed Records of Denton Couaiy, Texas,.aud
being in the west line of said Lot 2 from which a% mch iron md found at the norCb,west oorner `there.of baars North 04 degrees 07 minutes 02 seco~ds Esst, a distance of 18 16.73 feet, and betng
the begnaing of a curvc to the rigbt having a radius of 1127.50 fest;
Z`IMGE the with tIxe westerly line of said 'QVesterp Boulevard the followiug eleven (11) calls:
Cominuing with said cuive an arc Iength of 17434 feet, having. a delta angle of 08.
dagrees 51 manutcs 34 seconds, whose chord bears Sotith 21, degrees• 14 minutes 45 ;
seconds East, A distance of 174.17 feet to a point for corner;
Satith 23 degroes 42 minufies 00 secnnds F,s&A a distance of 4734 feet to a point at the
be8hmin8 of A non tangent curve to the right having a radius of 1132.50 feet;
. Caintinuing with said curve aa arc length'' of 241.08 feet, having a delta angle of 12
degrees 11 minirtes 49 seconds, whose chord bears Sauth IO degrees 19 minutes 49
seconds East, a dishance of 240.63 fcet to a point for corner;
South 01 degree 09 minutes 15 seconds 'GVest, a distazice of 28$.12 feet to a point for
comer;
South 04 degrees 33 minutes 23 seconds East, a distance of 50.25 feet tu a point for
corner;
' South Ol degree 09 minutes 15 seconds west a distance of 450.00 feet to a point for
corner;
South 05 degrees 51 minutes 53 seconds West~ a distance of 150.75 feet to a poirit for
corner;
South Ol degree 09 minutes 15 seconds West, a distance of 177.93 feet to a point at the-
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EXHI,~IT 81
4vF9'
. . A rthur Surle ying Co. I ..-nc.
.Professiona.Y F_,az2d Suz-veyors
P.O. Box 54 - I,ewisViIle, Texas 75067
Officc: (972) 22I-9439 -V Fax; (972) 221-4675
liOginnirig of a curve to the rigbt having a radius of 1417.50 feet; -
Continuing with said curve sa arc Iength. of 182.98 feet, having a delta angle of. 07
dogrees 23 minutes 45 seconds, whose chord bears South 04 degrees 51 minutes 08
seconds 'QVest, a distance of 182.85 feet tD: a point far corner;
South 48 degrees 33 minutes 00 seconds' West a distance of 313.12 feet to a point for
corner; ,
South 75 degrees 33 minutes 35 secands "West, a distanee of 4I:95 feet ta a point in the
esst line af said Rayzor Ynvesiments hact; ' .
T'HENGZ North 04 _degrees 07 mintites 02 seconds East, with the east line of said Raqzor
Investments tract a distance of 31.00 feet to a point for comer;
THENCE the with the wesEerIy tine of said Western Boulevard tho following eleven (11) calis.
North 75 degrees 33 minutes 35 secon&, East, a distance af 14.30 feet to a pouit; for
corner;
. Nbrtb, 08 degrees 33 minui,es 00 seconds F.,ast a distance of 293.26 feet to a.poiat at the
beginning of a curve to the Ie8 having a radivs of 1387.50 feet;
Cpntinuing with said cwrve an arc length' of 179.10 feet, having a delta angle of 47 degrees 23 minutes 45 seconds, whose chord bears North 04 degrees: 51
minutes 08 •
" se6onds Esst, a distance of 178.98 feet ta a point far corner; _
Ndrth Ol degcee 09 minutes 15 seconds tast~ a distance of 179.42 feet to a point for
corner,
North 06 degrees 51 minutes 53 seconds East a distance of 150.75 feek to a point for
coPner; -
Ndrth Ol degree 09 minutes 15 seconds F,ast, a disfisnce of 447.01 feet to a point for
cornei;
Noirth 04 degcees 33 minutes 23 secouds W'est, a distance of 30.25 feet to a point for
coruer;
North 01 degree 09 minutes 15 seconds Bast, a distance of 288.12 feet to a point at the
beginning of a non-tangeut curve to the left having a radius of 1102.50 feet;
Continuing with said curve an arc length of 231.41 feet, having a delta angle af 12
020081cod1280869 - jim chrisW dsne easemeatldocs\i 008127 Gsmt6 vvosqark addn.doc
, , .
.
.
. . . .
■
EXHIBI* Bi .
bOF9
rthur SurvUyTing -
Co., ~ nc.
F.rofessionaY iLszid SurveyOZS
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 222-9439 w Fax: (972) 221-4675
degrees 01 minute 33 secon.ds, whose chord bears North 10 degrees 19 minutes 03
seconds'OVest, a distance of 230.98 feet to,a point for comer;
North 23.degrees 41 minutes 00 seconds 'West, a distance of 46.71 feet ta a point at the
beginning of a non-tangent cucve to the Ieft having a radius of 1097.50 fee.t;
Continwing with said curve an arc length of 11090 feet, having a delts angle of QS
degrees 47 minertes 23 seconcLs, whose chord bears North 21 degrees 38 minutes 41,
seconds West a distance of 110.86 feet to a point in the esst line of said Rayzor
Investments tTact .
TSENCE North 00 degrees 07 minutes 02 secoads Eask with the, east line of saicl Rayzor
Investmeats tract, a di.stance of 67.86 fed to the PQINT OF BEGTNNING, and containing 1.415
aares of 1and, nnore or less. f
F
. . :Y iRl .
•~~~:~St~ ~Q.
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EXS OF 8g1
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8eoring syatem bosed m tha City of Dentan (YS nctwork O^
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cn 1 Westpark Addiiton, Ph. 2
t Cabinet Y, Page 1,69
~ .
' S89'42'27"E
,482.98' , ~ .
. ~AIRP4RT ROAD N F. M. 1515
30'Easemen
t
rthur Surveying Cb., Inc.
. z:.:~5 A~gs ~~e A
JEUmes PeM Surq'ey, Abst. No. 1040 ' Professioaal.LanB Surveyo,ts
. City of Denton 972-221 --"39 - Fox972-221.4675
Denton Countp, Texas azoEhzz s&**4 suift 200 - po.aox 54
, - 2018 - ' Lewis"Ulq Tezas 75067
.
MiBR jal
7OF9
.
Arthur Surveying Co., ~ nc. Fro.tessional''zaad Surweyoss
P.O. Box 54 Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
'
_ . _ ,
Q.526 ACRES _
CITY OF DENTON, DENTON CUTJNTY, TEXAS
BEING all tbat certain Iot, tract or parcel of lant1 situated in the 3ames Perry' Survey, Abstract .
Ntamber 1040, City of DenWn, Denton Couniy,' Texas, and being a part of Lot 2, Bloclc A,
Westpsrk Addition, l'hase 4 an, addition to the C#yy af Denton, Denton Counfiy, Texas, accordang
to the conveysuce p* #hgreof recorded 'm Cabuiet Y, Page 169 of the PlatRacoids of Denton
County, Texas, and being more psrticularIy described as follows:
BEGIIeUNG at a point in tiie west line of said Lot 2, and the east lius of that cetaan tcact of land
descn'bed in deed to Rayzor Investments Ltd., reebrded in Volume 1796, Page bflI of the Daed
Records af Demon County, Texas, said pourt also'being in the east line of Wcstern Boulevard, a
public roadway, and from_ which the soutliwest carner of said Lot 2bears Soutb 40 degreas 07
minutes 02 seconds. West a distaace of 4756.01 feet;
~
TSENCE North 00 degraes 07 minutes 02 seconds East, with the west line of said Lat 2, a
distance of 21.29 €cet to n point for corncr,
TBENCE over, through aad acinss said Lot 2 the following eight (8) calls: South 27 degrees 53 minutes 59 secoads FAst, a distance of 277:51 feet to a point at the
beginniag of a curve ro tne rigbt having arAdius of 1277s0 feet; Contintiing with said curve an arc length of 647.80 feet, having a, de1t8 &Dlg1L Of 29
degrrees 03 miuutes 14 seconds, whose ahord bears South 13 degrees 22 minutes 22
seconds East, a distance of 640.8$ fe-et to a point for carner;
South Ol degree 49 maautes 15 seconds W'est, a distance of 671.25 feet to a point for
corner;
South 44 degrees 33 minutes 23 seconds $aA, a distance of 150.75 feet to a point.for
corner,
South Ot degree 09 minutes 25 seconds Wes4 a distance of 188.42 feet to a point at the
beginning of a curve to the right having a radius of 1592.50 feefi
Continuing with said curve an arc length aif 205.56 feet, having a delta angle of 07
degms 23 minv.tes 45 seconds, whose chord bears South 04 degrees 51 minutes 08
seconds. West, a distance of 205.42 feat to a point for corner;
South 08 degrees 33 minutes UO seconds Wost, a distance of 161.71 feet to a point far
comez; '
0:12oostcoa+zsoss9 -iim christai dmc easeine."ocsuoos127 esmu 1 we9tpark aaan.aoc
8 ~F 8B1
rthur Surv,eYing Cof, ~ne. .
,Pr+eif"es.sio.an~ll`..azid Surveyors
.
_ P.O. Box 54 Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
" South 71 degrees 38 minutes 40 seconds West, a distance of 11.21 feet to a point m tlie
east linc of said Westera Boulevard;
TMNCE with the east line of said Western Boulevard the following seven (7)-calls:
Narth 08 degrees 33 minutes 00 seconds',East, a distaacc of 166.79 feet to a.point at the
beginning of a curve to the left having a ractius of 1582.50 feet;
Continuing with said cwve an arc Iength of 204.27 feet, baawing a delta. 1:t:f;09-r
07 degrees 23 min
utes ~45 seconds, whose chord bea~rs North (~4 degrees 51 '
seconds East; a distance of 204.13 feet to,$ point for carner .
North.O 1 degree 09 minutes 15 seconds F.ast, a distance of 187.93 feet to a point for carrner;
Norkh 04 degrees 33 minutes 23 seconds', West, a distance of.150.75 feet to a pnint for
corncr; , Narth Ol dcgree 49 minutes 15 seconds 4ast a distance of 671:74 feet to a point at the
besginning of a curve to the left. having a radius of 1267:50 fee4 _ - ,
ContLauing with said curve an arc Iengtll of 642.73 faet, having a delta angle af 29
degrees 03 minutes 14 seconds, whose chord besrs North 13 degrees 22 minutes 22
seconds West~ a distance of 635.87 feet to g point for corner;
Narth 27 degrees 53 minutes 59 seconds ;VVest, a distance of 258.72 feet to the PDIN'T
OF BEGIlVNIlNG, and containing 0.526 acxes of Iand, more or less.
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rthur SurveYIng Cw.,, j ne.
r-5nafibssio.nar',L,ana surveyors P.O. Box 54 - Lewisvillc, Texas 75067 .
dffice: (972) 221-9439 Fax: (972) 221-4675
- 2.102 ACM CTI'Y OF nENTON, DENTON COYTNTY, TTXAS
BEING all that certain lot, tract or pazcel of Iaod situated in the James Perry Survey, Abstract .
Number 1040, City of Denton, Denton Couaty, Texas, and being a part of Lof 2, Block A;
Westpark Addition, Phase 2, aa addition to the City of Denton, Denton County; Texas, according
to the conveyance plat thereof recordsd in Cabinet Y, Page 169 of thb Plaf Records of T?enton
County, Texas, and being more particularly desciibed. as follows: , BEGIlNNIlNG at the northwest corner of Lot I of said Block A and being in the south Iine of said'
Lot 2;
T'.t3ENCE South. 71 degnees 38 minutes 40 seconds West, ever, through aad across said Lot 2,'a'
. distaace of 53230 feet to a paia at the northeast corner of a Drainagt Easement to the. City of
Den'trnn rrecorded undor Instfume,nt Number 2009-32334 of the. Real Property Re.cords of Dentan
. COUrity, TCXaS; ,
TIEENCE South 'IS degrees 34 miuutes 52 seconds WesE, continuing across saial Lot 2 and wrth
the northerIy Iine vf said Drainage Easement a''distance of 98:24 feet to a point i,n the easterly
, liae of western Boulevar@, a public roadway; , - .
THENCE North OS degeees 33 afinutes 00 seccinds Esst, witk the easterly liue of said Westerr►:
Boulevard, a distance of 70.95 feet ta-a point for torner;
T$ENGE over, thraugh and across said Lot 2 the following five (5) calts: .
North 71 degrees 38 minutes 40 seconds Fast, a distance of 610.22 feet to a point for
comer;
South 88 degrees 50 minutes 24 seconds East, a distance of 627.10 feet to a point for
corn~, . ,
South 01 degree 06 minutes 45 seconds West, a distance of 139.61 feet to a point for
cornes;
North 88 degrees 53 minutes 15 seconds West, a distance of 70:00 feet to a poiiit for
corner;
North 01 degree 06 minutes 45 seconds East, a distance of 69.67 feet to a point for
comer; .
' EXHIBIT 02 20F3
r
rthur SCo., C nc. .F.rroressiaiza~' .L~d Surveyors
P.O. Box 54 - L.ewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675 . •
1'HENGE North 88 degrees 50 minutes 24 secbnds Wast, continuing across said Lot 2 and then
coniinuing with the north line of said Lot Is! a distance of 545A9 feet ta. the TOINT E)F
BEGIlNNIlVG, and cantaiming 2.102 acres of labhd, inore or Iess.
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~ tC-$4-rs.~ - ~ , professiosza.~ S
22i~
EaSe1T1eI?t y r.~ rJ~'J sa~ s~ce2~t971,54
2.102 Acres in the ~ 1040 D~R~' .~Ol~iD
Abgt. r~~~ AIR~ ~ .
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, Czty of Deutl~exas r~
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1 OF'17C
rthur. SCo., nc.
` Fi~f~o.aal ~na suryeyors
P.O. BoX sa - uwisvuicy Texsa 7s067
Office: (972) 221-9439 Fax: (972) 221-4675
50 TEMPORARY CONSTRUCTION EASEMENT
0.751 ACRES
QW OF DENTUN, DENTON COUNTY, TEXAS
aEING all tW cercain ldk tract or panoel of land siWaWd in the Thomas Taby Survey, Alistract
Numbesr 1285, Ci#y of Denton, Denton County, Text.s, and being a part of that certain tract of
land dexded to Itayzor Investmcnts, LTD. and deson'be;d as Section l, Tract 8, recorded in
Volume 1796, Pap 601 of the Ileed R,ecords of;' Denton Cowriy, Texxas, aad being more
paxticuYarly de=IW as fnllows: '
BEGINN1NCr at a point in thc east line of that certsi» tract of land described in deed to Dorothy
ATeil Cook, rwAsded in Yolume 982;_ I'age 29 of tlii Deed Recotds of Denton Caunty, Texas,
from which a y: inch iron rod found at the sputhead comer thereof bears South 04 degrees 01
mimrtes 58 swoonds West, a distance of 40.00 feet, siid poiwt being in the north line of Airport
Raad, alsc> known as F.M.1515, a public roadway; ~
THENCE N"th 00 clegrces Ol mimrte 58 seconds F.ast, with the east line o£ said Coak trac#; a
distaac,e of 50.00 feet to a point for caorner;
TAENCE Scwth 89 degrees 42 minuam 27 seconds ;F.ast, over, uross and through said Rayzor
tcact, .a distauce of 654.48 fett to a point in the west 13ne of that certain iract of land descnbed in
deed to the City of Dcirtan, recamded 'm Vohtme 516~ Page 648 of the Deed Records of DeeMan
Couaty, Texas;
THENCE South 00 de$rees 48 minutes 14 secontls East, with the west line -of said City of
Denton tract, a distance of 50.00 fa,t to a poiut for ootoer-,
THENCE Nortb 89 degtees 42 mirnite.a 27 secoads iDVest, over, across and through said' Rayzor
tact, a distancc of 654.64 f+eet ta the P()fINT OF BEGIlN1vING, aad containing 0:751 acres o€
Iand, mm ar less. '
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rthur Sur)
proressxolud
Co., _ nc.
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surveyors .
P.O. Box 54 Lewisville, Tcxas 75067 .
Office: (972) 221~9439 ~ Fax: (972) 221-4675
50' TEMPORARY CONST#.tIICTiON EASEMENT
2.941 ACRES
CITY OF DENTON, DFMON COUNTY, TEXAS k
BEING all tbat certain lot, tact or pmr,el of laad',siituuated in the Thomas Toby Surve^y, Atistraet.
Number 128 5 and the John Bacon Survery; Abstrad Number 1541,. in the City of penton;.Denton
County, Tms, and being a part of that certairi tract of Iand described in deed to Rayzor
. Investments, LTD., recarded in Vblume 1796, Page 601 of the Deed R,ecords of Denton Count34.
Tqcas, and being more particularly descn'bed as faJlows: .
BEGRO7NG at a paimt in the east line of that cettaia tract of land ciescribed in ileed to the City
of Dedon, recorded in Volume 516, I'age 648 0t the Deed Records of Uenton Couniy, Texas,,
fmm which a r4 inch. iron rod.found $t the southoaast corner thereaf bears South 00 degrecs 08
miuutas 14 stconds Basrk a distance of 46.00 feet being in the. north line of Airport Roac1,, aIso
kp►bwn as F.IvL 1515,*a pnblic roadway, , .
TEENCE North 00 degrces 08 minu#es 24 seconds West, wrth the east line of said City of
Denton trac4 a distsnce of 50.00 feet ta a poirrt for; comer, TIMCE over, acxoss and throiigh said Raymr InVestments traCt the following nine (9) calls:
Sbuxh 89 degrces 42 minutea 47 seconds, East, a distauce of 46.52 fect to a.point for
comea
North 23 degtees 43 minutes 52 seconds! East, a distance of 5.71 feet to a, : point at the
beginnmg of a aon-tangenf curve to the right having a radius of 1359.50 feet;
Continuing with said curve aa arc Ieng* of 247.81 feet, having a delta angle of 10
dCgrees 26 minutes 39 seconds, whose chord besrs North 05 degrees 30 minutes 06 '
seconds East, a distffice of 241.47 fioet to a poiat for corner,
North 10 degnees 43 minutes 25 seconds Fast, a distance of 333.66 feet to a poiut at the
beginning of a curva to the Ieft having a rad:ius of 1040.50 feet
- Coatinuing with said curve an arc length of 174.10 feet, having a delta angle of 09
degrees 35 -ruiautes 12 seconds, whose chord bears North OS degrees 55 minutes 49
seconds East, a distance of 173.89 feet to apoint for comer,
North Ol. degtee OS minutes 23 seconds. East, a distance of 33.18 feet to a pouit for
C0171CI", ' Narth 00 degrees 07 minutes 02 seconds tast, a distance of 1579.37 feet to a point for
cornar; ,
z
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3' OF 17 C
.
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rthur Surv,eying Co., -nc.
F.rofessivnaY Xa.nd Surveyors
,
P.O. Box 54 - Lcwis-4ilic, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
North 75 degrees 33 manutes 35 seconds F.Jast, a distance 'of 50.87 feet to a.poinf for
corner;
North 08 de-grees 33 minutes 00 seconds 1~aA a distance of 209.79 feet ta a point in the
west line of Lot 2, Block A. Wesrtpark Addition, Phase 2, an addition ta t}ie Cifiy of
Denton, Denton CounEq, Texas, according to ttie conveyance plat thereof recorded in
Cabinet Y, Page 169 of the plat Records oMenton County, Texas; .
THENCE South 00 degrees 07 minutes 02 secajinds West, with the west ]in.e of said T.:ot 2, adistance of 251.19 feet to a point for corncr thereof-,
THENCT over, amoss and through said Raywr lnlvestments trac# the folloaving nine (9) calls:
South 75 degrees 33 minutes 35 secoands' West, a distance of 31.00 ffeeet to a point for
corner; ,
South OU degrees. 07 minutes 02 seconds West, a distance of 1541:14 feet to a point for
corner; ,
South 0 1 degree OS minutes 13 seconds' West, a distance of 33.62 feet to a point for
comer at the tieginning of a curve to the right having a ra.dius of 1090.50 feet;
Continuiag with ssid curve an arc lengtll► of 182,46 feet, having a delta ,ang14 of 09
degrces 35 minutes 12 seoonds, whose ohord bears South OS degrees 55 minutes 49
seconds west, a distance of 182.25 feet to a point for cornez;
Sotrth10 degrees 43 minntes 25 seconds '@Vest~ .a distance of 333.66 feet to a poiat at the
beginniug of a curve to the left having a rat3ius of 1309.50 feet;
Cantinuing wrth said eirve au arc length of 238.39 feet, havin.g a delta angle of 10
degrees 25 minutes 49 seconds, whose dhord bears Sou#h 05 degrees 30 minutes 30
seconds West,' adistaace of 238,06 feet ta ~ point for corner;
South 00 degrees 17 minutes 36 secondsWest, a distanca of 1030 feet to a point for`'
corner;
South 23 degrees 43 minutes.52 secondsWest, a distance of 48.90 feet to a point for
eorner;
Noilb 89 degrees 42 minutes 47 seconds West, a distance of 78.97 feet to the POINT OF
BEGTNNING, and containing 2.941 aeres of lsad,•inore or less. .
~ ~ ~
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50' Temporary Corlstruction Esmt. AIRPORT ~.RQAD
2.941 Acres in the , F. M. 515
John Bacon Survep, Abst. No. 1541 '
Thomaa Tobp Survep, Abst. No. 12851 UNF tABLE
. Citp of Deaton U"E ' i BEARING i i.~rucni r
! U I .~NS70'OS;T41~ . I 30_Dq'
Denton Couatg, Tegas ~ I•
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1 L7 i sn~ne'~s"w I, ss.ss• ~Y tEi ;~f
La I sooIr~s'w i 10.70'
1°~[~ofessional LBad Suzveyors ~ Ls i~aas,sa-w i ~s_aa"
72-azr-9~as9 - Faa972-221-as7s uo I n►99xs•{rw I 71.91
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~ Z4wisvi77q Tbxes 75067
a%eaae=c%ftmcs -.M n.Uai nc n... +.ovoMV_..As Rrzmr t"a rEwWEa-r.ft wizs2wo eesae rx cnz
,
6EMI 0F17G
' ~ .
ing Co.) ~ nc,.
rt'-lur Surve,
y
.ProfessYOnalXand Surveyoxs
P.O. Box 54 LcwisVillc, Ttxas 75067
, Office: (972) 221-9439 Fax: (972) 221-4675
55' TEMPORARY eONSTRIICTZON EASEMENT
0.495 ACRES
CITY OF DENTON, DFNTON COUNTY, TEXAS BEING all that certdn lot, tiad or pazcel of larid situated in the 3ohn Scatt Survey; Abstrac#
Nwmber 1222, City of Denton, Denton Couniy, Texas, and being a part of that certain lract of
i$nd descn'bed in deed to Rayzor Invostments, Ltdl, Section 1, Tract 7, recdrded in Volume 1796,
Psgo 601 of the Deed Records of Dentan County, 'T'exas, and beiag more particularly deseribed as ;
follaws: BEGINNYNG at the northwest cmer of said Rayzor Investments, M'D. tra,ct and the nortlieast
corne.r of that certain tract of land descai'bed in deed to Ed Wolsld, Tiustee and Virginia Fryman,,
recorded 'm Volume 2895, Page 470 of the Deedi' Records of Denton County, Texas, said point
also being in and near the centerline of Tim ChristaiX Road, a public roadway;
, TF3ENCE North 89 degrces 43 minutes 31 seconds East, in and near the cen.terline of said Jim.
ChrisW Road, a distanca of 3 89.97 feet to a point For comer; ;
THENCE South 04 degrees 31 minutes 20 secortds East, over, ,hrough ana across Saia RayZ0r
-
Invcstmemts tract, a distmce of 55.15 feet to a point for comer,
Tffi~',NCE Souuttkh 89 degrees 43 minubes 31 secoods West, continuiag over, through and across
said Ra.yzQr Imvestments tract a distanca of 394.57 feet to a point in the east line of said Wrdlslci .
t=t;
TSENCE North 00 degrees 15 minutes 52 sacond# East, with the east line of said Wolski tract, a
distsnce of 55.00 fcet to the POINT OF BEGINNNG, and containing 0.495 acres of land, more .
ar less.
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7 OF 7C
,
A rthur Surveying Co., -nc. :
Pro.fb-,►.+.!onalZazzd Suz-veyaz-s
• P.O. Box 54 - Lewist!ille, Texas 75067.
4ffcc: (972) 221-9439 Fax: (972) 221-4675
50' TEMPO1tARY CONSTRUC'TTONEASEMENT
4.128 AGRES
CiTY OF DENTON, DENx'ON COUNTY, TTXAS ,
BENG all that certain lot, tract or parcel of Ianid situftd iu the John Scoit Survey,. Abstract
Numbar 1222 and the John Bacon Survey, Abstract Number 1541, City of. Denton; Denton
Caunty, Texas, and being a part af that certaio tract af Iand deseribed in deed tn Rayzor
7avestmants, Ltd., Section l, Tiact 7, reeorded in VI'olume 1796, Page 601 of the Deed Records of
17enton County, Tcxas, and heimg more particularly` descaibed as follows: CU!}VIlVIENCING at the northeast coruer of that;'certain tract of land described in deed to Ed
Wolsld, Trustea and Virginia Fryman, recorded 'm.Volume 2895, Pa.ge 470 of the Ueed Records
of Denton County, Texas, and the northtivest cornek of said Rayzar Investments tract, sanixe point
slso being in aad neac the, centsrline of Tun Christal Road, a public roadway; •
THENCE South 00 cIegrees 15 minutes 52 swands West~ with the east line of said Wfllski tract;
a distance of 85.00 feot to a point for c.flrnea; ' .
TEOENCE North 89 ciegrees 43 minzrtes 31 secoads East, over, through and acros5 said Rayzor
Investments tract a distance of 316.86 feet to the POINT UF BEGINNING;
THENCE continuing over, thmugh and across ;$aid Rayzor Investmebts tract the following
fourteon (14) calls: - '
North 89 dagrees 43 minutes 31 seconds; iEas~ a distance of 50.14 feet to a point fox
comer; ,
South 04 degrees 31 minutes 20 seconds East, a distsnca of 340.94 feet to a point for
coraer, '
North 85 degrees 28 minutes 40 seconds East, a distance of 371.18 feet to a po'vut for
corae; -
North 04 degrees 31 minufes 20 seconds West, a distance of 148.40 feet to a point for
coraer; '
North 40 degrees 28 minutes 40 seconds Fast, a distance of 190.12 faet to a point for
corner;
- DF 1 C
n.rthur SCa., ~nc.
j75nofessYVna.Y .Jr_.ad Surveyoxs
P.O. Box 54 Lewisviilc, Tcxas 75067
4fficx: (972) 221-9439 Fax: (972) 221-4675
'
3outh Ol dcgree 09 .minutes 14 seconds West, a distance of 309.75 feet ta apoust:~ar
comer,
-
South 04 degrees 33 auautes 24 secands I~East, a distance of 241A0 feet to a point-for
corner,.
South 01 degree 09 minutes 14 seconds SiVest, a distance of 78.65 fmt #o a point at the .
beginnimg of curve to the.left having a radjus of 1297.50 feeg
Continuing with said curve aa arc lengxh of 657.94;.feat, having a delta angle of 29
degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23
seconds Essta disitance of 65Q.91 feet to a,point for corner, •
South 27 degmes 53 minutes 59 seconds ';Esst, a distance of 392.07 feet to apoint for
'
comer,
Sotrth 22 degrees 11. minutes 21 seconds'Eas4 a distanee of 5 0.2.5 feet to a poiut.for ;
' •
; comer,
South 27 degrets 53 miautes 59 secands E',ast, a distance of 161.24 feet to a poini at Yhe
boginning of mrve to the right haviag a radius of 1097.50 feet; .
Continuing with said curve an arc leagth af! 64.37 feat; having a delta arigle of 03 degrees '
. 21 minutes 37 seconds, whose chord bears 3outh 26 degrees 13 mittutes 12 secnnds East,,, ;
a distance of 64.36 feet to a pomt in the west line of Lot 2, Block A, Westpark Addition,
Phasa 2, an addition to the City ;of Dcnfan, Denton County, Texas, according to the
conveyance plat thcreof recorded in Caliinet Y, Pagc 169 of the Plat Records of Denton
County, Texas; , TSIL'NCE' South 00 degrees 07 minutes 02 seconds West~ with the west line of said I,ot 2, a
distance of 133.67 feet to a point for comer,
THENCE over, through aad amss said Ttayzor Tanvestrnents tract the following fourteen (14)
caGils: '
North 23 degree.c 41 mintrtes 00 seconds West, a distance of 13.70 feet to a pomt at the
begianin8 of a non-tangent curve to the left having a radius of 1447.50 fe.et; "
. Contiz►uing wifli said curve an arc length of 169.41 feet, having a delta angIe af 04
degrces 16 minutes 00 seconds, whose chbrd bears North 23 degrees 16 minutes OQ
seconds West~ a distance of 169.23 fect to a point far comer,
North 27 degrow 53 miuutes 59 seconds West, a distmce of 163.74 feet to a point far
. .
comer,
IB 17
F
rthur-SurveY~n~g Co., _nc,
.
surtreyo4es ~ . P.O. Box 54 - Lcwisvillei Texas 75067
Office: (972) 221-9439 -W' Fax: (972) 221-4675
North22 degrecs 11 minutes 21 seconds West, a distance of 50.25 feet to a point for
comer, North 27 dGgnees 53 minutes 59 seconds ?4yVest, a distance:of'389.58 feet to a point,at the
beginning of a curve to the right having a radiius of 1347.54 fset,. '
- , Continuing wi#h said cuive an arc length of 683.30 feet, having a delta angle of 29 ,
degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 23
seconds West, a distance of 675:00 feet to a point for comer,
North Ol degree 09 miaubes 14 seconds'Esst, a distaace of 76.15- feet to a point for
corner; ,
North 04 degrees 33 miautes 24 seconds: r7Vest, a distance of 2(}1.00 feet ta apoiut for -
comer, North Ol degree 09 minutes 14 seconds East; a distance of 26098 fwt to a point for
cornar;
South 89 degrxs 43 minutes 31 seconds , West, a distance of 498.05. faet ta a point for
corner; 3otrth 40 degrees 28 minutes 40 seconds West, a distance of 146.49 feet to a poirit for ~ cotncr;
South 04 degrees 31 minntes 20 seconds'$ask a distance of 178.19 feet to a paint for
comer,
South 85 degrees 28 minirtes 40 seconds 'OVeest; a distance of 471:18 feet to a point for
corner,
-North 04 degrees 31 minutes 20 seconds Wost, a distance of 394.66 feet to the POINT
OF BEGINNIlNG, and containing 4.128 acres of laiid, more or less.
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Sectiion 2, Titict 7 . m y iy L ~ ~ . :
Rayzor Iuvesbusnts, Ltd "'1 ~ .
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Ternporary Constructron h'sm t
John Scott-Survey, Abst. No. 1222
Tohn Bacan Survep, Abst. No. 1541
City of Deaton
Denton County. Tegas ,
-2010-
c~ooe~ -+e. on.m os rmr~..~Vw1+ms~rr~n n.~nr w~w+s +a/x+/~o saam ku arr
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' Professional .L.axtd Surveyors
972-zz1-943s+ - AVAx 972-221-4675
220 Elm S&oo; Suita 200 - P.O. Bor 54
LewisviIIq Texas 75067.
.
E11~W7T.
,
.
A rthur Surveying Co.,,_nc.
Frofessiona.Y La.na surveyo.rs
P.O. Box 54 - i.ewisville, Tcxas 75067
Office: (972) 221-9439 - Fa3c: (972) 221-4675
TEMPORARY CONSTRtCTIUAT EASEMENT
0.137 AG°RES
CYTY OF DENTON, DENTON COUNTY, TEXAS
BEING ail that certain lot, tract or parcel of latfd situated in the J. Bacon Survey, Abstract
, Nwnber 1541, Cifiy of Denton, Doton County, T~xas, and being a part af that certaan tract af
, land descsibad in deed to Rayzor rinveskments, LTD., Section 1, Tract 7, recorded. in Volume
1796, Page 601 of the Daed Recbrds af Dcntoii, County: Texas, and being more pazticularly
descn'bbd as follows:
COMMENG7NG at the northwast comer of Westpark Addition, Phase 2, an addition to ths City
of Dentan, Denton County, Teacas, according to tha conveyance plat thereof recorded in. Cabinet
Y, Pagc 169 of tha Pht Records of Denton County, Texas, from vvhich the northeast carner of
said Rayzor Investments tract besrs North UO degrees Ol minute 06 seconds East, a distance of
29.97 feet; being in and near the approxmiate centeei'lline of 7ixn Christal Road, a public roadway;
TMNCE South 00 degrees Ol minute 06 seconils West, with the west: liae of said Westpikark.
Addition, Phase 2, a distance of 45:00 feet to a poirit for corner;
THEN'CE South 89 degrees 43 minutes 30 seconds West, over, through and across said Rayzor
Tnvestments nact, a distance of 138.56 feet to the POINT OF SEGYNN2NG;
THENCE South 00 degrees 16 minutes 30 secouds East, continuing over, lhrough and across
said Rayzor Investments tract, a distance of 80.00 te;et to a point foz comer;
, THENCE South 89 degrees 43 minutes 30 secands Wesk cantinuing over, through and across
said Rayzor Investments tract, a distance of 9031 feet to a point in the east line of Westeiu
' Boulevard, a public raadway;
THT,.NCE North OI degree 09 minutes 14 secflnds East, with the east line of said Westexn
Boulevard, a distance of 50.02 feet to a poirn for carner thereof; TSENCE North $9 degrees 43 minutes 34 secoacb Fsst, over, 1hrough and across said Rayzor
Investments tcact, a distance of 39.06 feet to a point for corner; '
TIMCE North UQ degrees 16 minutes 30 seconds West, continusng over, tUrough and across
said Rayzor Investments tract, a distauce of 30.00 feot
TSENCE North 89 degre,es 43 minutes 30 seconcis East, continuzng over, through and across
5aid Raywr Investments hact, a distance of 50.00,fcet to the POIlVT OF BEGINNING, aud
containing 0.137 acres of land, more or less: ~
• •
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LINE I BEARiNG I I_ENGTH
• Ll I N00101'06"E I 29.97'
NOi T~H , 1 t2 I soo,a21oo"w 1 23.25'
50 0 50 Feet
Bsorinq ryatem basad on the (Sty of Dantan qS network
~
~ Diaane Davis Atkinson, Jaek D. Atkin,soa,
Wallace E. .'Davis, Jr. aad Mary V. Davis ~~7Q
, (rVoL 612, Pg. 430) ' N89 23'31 "E . C14
156.90'
~
a/0~ri,~ ClTy~R~i.~ 1 N/ ~j/~ A "LR.F: BEAR~
~t~7~t~{ ~ 1Z.V.fiD r, N8923'31"'E 0.49'
JllVl ~ y
O ~ ' N8873'37"ff I.~F. '
~ NOO~6~30Ow : _ 0 0 167'¢:3S'
p \ftA.W. DEDICATION
. 30.00' N89'43'30"E (cne. r Pc. 169)
PROPOSm~o' O.M.E. ~s~r~T
'43'3O"E ~ 50.00"
NS9 o 39.06'
, ~ J ra~ P b ~ry
i,,i
W = ~ ~ co a
E-4 i; o J 04 . ~ Q Q~~ 40
S89 43'30°W . ' ~
. 90.31' Section 1, Tract 7
I Rayzbr Investments, LTD. ( . -
~ (VoL 1796, Pg. 601) '
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. t ! t!d. TI:~.`". ,~_E`~ ~€~E , i(. , 5~~2 ~.;z..
Temporary Construction Easement'
0.137 Acres in the rthur Surveying Co., Inc.
J Bacon Survey, Abst. No. 1541 Professiorial Land Surveyors
Cit3T pf DBIItOII 972-223-9439 - Fax 972-221-467S'
Denton Countp, Texas zzo Mm shw4 suft 200 - P. o. sax sa
- 201o - X.OWLMUa rexas 75067
~
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rthur Surveying Co., : nc.
ProFe"i-ana:zana surveyors
P.O. $ox 54 - LewisWle, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
SO' TEMPOI2ARY CUNS1RUCTION EASEMENT
1.636 AMS
CITY OF DENTON, DENTON COYJNTY; TEXAS
BEING aIl that certain lat, tract or parcel of l=d situttted in the John Saott Sia.rvesy, Absbract
Number 1222 and the Jahn Bacon Survey, Abstraat Number 1541, City of Denton, Den#on ,
County, Texas, and being a part of that certain tract of land described in deed to Rayzor
Tnvestments, LTD., Section 1, Tract 7, recorded iit VflIunne 1796, Page 601 of the Deed Records
of Denton County, Tmss, and being more particutarly descn'bed as follows:
BEGD2VIlNG at a point in the east liue of said Rayzor Tnvestrnents tiract and the west line of Lot
2, Block A. Westpark Addition, PhBSe 2, an ad"n to the City of Denton, Denton Counfiy,
Texas, accomcling to the conveyauce plat thereof 'recorded in Cabinet Y, Page 159 0£ the Plat
Records of Deaton County, Texas and from whicli the sauthwest corner of said Lot 2.hears Sauth
40 degrea 07 minubes 02 seccmds Wesk a.di.stance'of 4777.30 feet;
THENCE over, through and across said Rayzor Inveshnents tract the following eleven (11) calls:
North 27 degrees 53 minutes 56 seconds West a distance uf 274.33 feet to a point at the
beginning of a cuzve to the right having a ztadius of 1122.50 feet;
Ccmtinuing with said curve an arc lengthi of 569.20 feet, having -a delta angle of 29
degrees 03 minutes 14 seconds, whose r-hord bears North 13. degrees 22 minutes 23
secands West, a distance of 563.12 feet to a paiat for corner;
North 01 degree 09 minutes 14 seconds Eas4 a distaace of 124.65 feet to a point for
cornor;
:
North 06 degrees 51 minutes 52 seconds Fast, a distance of 201A0 feet to a point for
cornea; '
North 01 degcee 09 minutes 14 seconds Past, a distance of 314.73 feet to a poiut for
, corner; '
North 89 degrees 43 minutes 30 seconds East, a distance of 50.02 feet to a point for
corner;
South Ol dagree 09 minutes 14 seconds R?'est, a distance of 318.47 feet to a. point for
comer; ,
South 06 degcces 51 minutes 52 secands West, a distance of 201.00 feet to a point for
corner; ,
020081coW80859 -jim christal dme easemcnildocsi1008127 esmtl0 rayiorump.doc
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Profe~iona I 1h".~ad Surareyors
F.O. Box 54 - Lewis'~lle, Texas 75067
Offce: (972) 221-9439 ^Y'' Fax: (972) 221-4675 South Ul dcgree 09 minutes 14 seconds West, S: distance of 122.15 feet to a point at tlie beginaing of a curve to the Ieft having a ratIius of 1072.50 feet; Continuing with said curve an arc length of 543.85 feet, having a delta angle of 29 ,
degrem 03 minutes 14 seconds, whose chord bears South 13 degcees 22 minutss 23
seconds East, a aistance af 538.04'fiect to $'',paznt for corner,
South 27 degrces 53 minutes 56 seconds East, a distance of 180.36 feet to a point in the '
west line of said Iot.2; Te"4= south oo degrees 07 minutes 02 seconds wesr, witn tne west line o~ saia z,oti 2; a
distance of 106.45 feet to the PQINT OF BEGMING, and containing.1-.636 aeras pf land,° mare or Iess. I •
' . ,
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NORTH
200 a 200
e•orinq syitem aoaa on the Gty of Dentrm d3, netwak
I
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I uhE
I aFat►Ne
I LENcnM
I L1
I M01 A9'14'E
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I k2
f N89 43'30"E 1_ 50.02' ~
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Section 1, Tract 7. I
RAyZQI h1VG.411U,CII1'8, L~.
(VaL 1796, Pg. 601),
' 50' Temporary Constz-uction Esm t.
1.636 Acres in the
, John Scott Survey. Abst. No. 1222
John Bacon 3urvey, Abst. No. 1541
Citp of Denton ,
' Deriton County. Tegas
-20,o_
rthur Surveying.Co., Inc.. ;
Pro&ssianaY Land Surveynrs
- 43
9T2-222 9~439 Pax 97Z-221-4675
~ =12MS'wo, Sui&-200 P.O. BozS4
~ Lew3svilla„ TeCCas 75067
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: rthur Surveying Co., -nc.
Fc0fe9sioXW Zaad Szrrve,yroxs
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 ~ Fax: (972) 221-4675
SO' TEMPORARY CONST'RUCTION EASEMENT
0.015 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of 1and situftd in the John Scott SuErvey, Abstract
Number 1222, City of Denton, Denton County, Texas, and being a part of that cerkain tract of-
land descriibed in dxd to Rayzor Investments, LTD., Section 1, Tract 7, rocordtd in VoIume
1796, Page 601 of tb;e Deed Records of Denton' County, Texas, and being more particulazly
descn'bed as follows: '
COMMENC7NG at a point in the south line af that certain tract of lanci described in dead to
John D. Dav* recorded in Volume 1115, Page 141 of the Deed R.ecards of Denton County,
Tbxas, beiag in and near the apprc3ximgte centerIiao of 7im Christal Road and in the west Iine of
Westera Boulevard, a public roadcvay and from whuch a PK Nail found at the: southwest corrier of
said Davis tract bears South 89 degrees 43 minutes 31 seconds West, a distance of 2336.65 feet;
Z"$ENNCE South 10 degrees 19 nninutes 28 see-onds West, vvith west Iino of said Westera
Boulevard, a distanc,e of 27.72 feet to a % inch irirn rod with a yeIlow cap stamped "A.RTHUR
StTRYEYNG COMPANY" fownd for comer,
TEIENCE Sotrth 40 degrees 33 minutes 19 secon4s. Esst continuing with the west iin,e of said
Wesbenn Boulevard, a distaace of 49.48 feet a point for comer,
TBENCE over, thraugh and across said Rayzor l'nvreshnents tract the following five (5) calls:
Souih 89 degrees 43 minutes 31 se,conds VGTest, a d.istance of 39.32 feet ta thG POIlN'T' OF
BEGIlVNIlNG; '
Sotrth 40 degi+ees 33 minutes 19 ssconds_ East, a distance of 13.11 feet to a point for
corner; '
South 89 degrees 43 minutes 31 seconds West, a distance of 65.54 feet to a point for
'
comer,
North 40 degrees 33 minutes 19 seconds *est, a distauce of 13.11 feet ta a point for
. comer,
North 89 degrees 43 minutes 31 seeonds Ea.$t, a distance of 65.54 feet to the P4INT +DR -
BEGINN'IlNG, and containing 0.013 acres of land, niore or Iess.
c:120081cod1280869 -jim christal dme easementWocs11008127 esmtl2:rayzor tamp.doc
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NORTH
300 0 300 Feet
Beartny systam basad on the fSty of DanWn d5 netrork.
Q;K NAL FMM -
(CA)
7
UNIt TABLE
UME I 9PARING
L7 I S4b 33'19"E
L2. 1 N40-3s'ls"w
JOhII D. DSViS
(VoI. 1115, Pg. 141)
S89 43'31 "W 2336.65'
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I LENCTIi I
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30' TEMPORARY
CONS7RUC7ION ESMT.
0.015 ACRES
AROPQSED 20' D.AI.E EASf1AEkT
ea
s
- ' ~
lY89 43'31 "E 6~.54 sas•¢3'31 "w
' ll`c 39.32'
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S89 43'31 "W ' 65.54' •
PROPOSED 30' EASEI/ENT dc RIGHT-OF,-WAY
~
3
Section 1, Tract 7 P4
Rayzor Inveslments, Ltd..
' (Vo1.1796, Pg. 601)
_ _ y•~'~ • .I. . ~ ' ~ .
{
50' Tempor. ary Construction Easerrzent ~'thUr Surveying Co., Inc.
0.015 Acres in the '
John Scott Surveg, Abst. No. 2222 Professional Land Surveyors
Citp of Deaton 97Z-221-W39 - Parm2-22s-4675
Dentan Couatp, Tezas zzo slm s&vwp4 sidto zoa p o. sox 54
- 2010 - , LowlsvllTe, Tearas 75067
cuau~aoo\*oeM - aw ouwr ws ee.rnre\e.o\+aannaz..was R.P. waau n/+e/amo x17' sh ,w ar
~OF 7 l
rthur SurveYing Co.~ ~ nc.
.
Fraf",~-.ionsl'L,-md Suz-veyors
P.O. Box 54 - I.ewisviile, Texas 75067 .
Office: (972) 221-9439 - Fax: (972) 221-4675 .
. ,
' :~.:i;J. ~
TEMPORARY CONSTRUCTiON EASEMENT
0.115 ACRES
CITY OF DENT4N; DENT0N CQUN1'Y, TEXAS
BF.fiTG a11 tbat cer(ain lot, tract or parcel,of land situated in the Thomas Tolsy Survey, Abstract
Number.1285, City of Denton, Denton County, Texas, and being a part of 1cot 2, BIock A,
Westpark Addition, Phase 2, an additian to the Ci'[y of Denton, Denton County,. Texas, according .
to the plat thereof recorded in Cabmet Y, Page 169 of the Plat Records of I3enton County, Texas, _
and being more partrcularly descxibed as follaws: ' .
BEGINNING at a% inch iron rod with ayellow c.ap stamped "ARTHUR SURyEI'I1VG
COMP1L1V7Y" set at the most southeast coraer of Western Boulevard, a public roadway an,d being
in the north Iiae of Airport Road, also knoavn as FM.1515, apublic roadway; .
T13ENCE over, across and through said Lot 2 the fallowing three (3) calls:
North 00 degrees 17 minutss 36 seconds Past a distance of 100.00 feet to a point in the
north Iine of a 100 foot wide easement ta T.P;&L. Compauy, racorded in VoIume 911,
Page 894 of the DEed Records of Deaton C:owity, Texas; '
South 89 degrees 42 minutes 24 seconds Fast with the north line of said 100 foot wide .
easement, a distance of 50.00 feet tD a poiii,t for conuer; •
South 00 degrees 17 minutes 36 seconds West, a distance af 100.00 feet to a poirit in the
north Iine of said Airpart Itoad;
T'TIENCE Narth 89 degrxs 42 minutes 04 seconcb Wes4 a distance of 50.00 feet to the POTNT
OF BEGINNING, and containing 0.115 acres of laiind, more or less.
it€ ~TF,',1. " . J?l.EY B@! ~
, 7:.. ~~:..:`J;atl~ ••vi~
~ .0Fc'SSta~''~~(~
P
lURli
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30 N'O R T W 30 feet '
r . ,
Beoring syatun base0 an dts laty of Dantan CtS nstwork ,
. ~
LOC 2, B10CZC A
. , Westpark Addition, Phase 2 .
r Cabinet Y, Page 169
P.R.D.C.T.
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Temporary Construction Easemen:t .~`~~a~rSaloG~~~
0.115 Acres in the A A-lur S ey
_ •
Thcmas Toby Survty, Abst. No. 1285 Professional.Laud Surveyars
City of Denton ' 972-221-909 _ Fax972-,zzr-4675
Deaton County, Texas rlosm sa"4 suiw 200 - P.O. Boa34
~
~ - 20'! 0- , Lewisvillc, Texas 75067
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EXHI~IT G1
3 O 12
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rt. iur Sur ~~eying Co., ~ nc.
~-o.fessic~zal', ~a.surv~yo.zx P.O. Box 54 LewiSville, Tctag 75067 .
OfEce: (972) 221-9439 xax: (972) 22I-4675 SO' TEMPORARY CUN$IrRUCTIQN EA,SEMENT
2.085 ACRE5 -
CITY OF DENTON, DENITON COUN'I'Y, TEXAS `
BEING all that certain lot, tract oz paneel of Isiid situated in the James Perr,y aurvey, Ciiy of
Dentcm, Denton County, Texas, and being a part;of Lot 2, Block A, Wesipa3rk Additian; PhAse 2,
an addition to the CiCy of Denton, DentQn County, Texas, according to tha. conveyance plat,
ttiereof recorr3ed 'm Cabiaet Y, Page 169 of the Plat Records of Denton Couaty, Tcxas, and being
more pardicnlarly descnbed as follows: ' •
BEGINNIING at a point ia the wt,stestczly Iine ',of Westem Boulevard, a, public roadway, .said
pourt being in the east line of that certain tract of land deseribed fn deed ta Rayzor Tinvestrnents, .
LTD., recArded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, aud
bein.g in the west line of said Lot 2 from which oi%i ineh umn rod found :at the :nrirthwest corner
= .
thereof bears Narth 00 degcees 07 minutes 02 secqnds East, a distauce of 1884.59 feet, and being
the beginning of a curve to thc right having a radii,s of 1097.50 feet;
Z`BENCE:.over, through and across said Lot 2 the following eleven (11) caIls:
Continuing with said curve an arc lengm of 11090 feet, having a delta angle of OS
degm 47 minutes 23 seconds, whose c-1hord bears South 21 dagrees. 38.minutes 41
seconds Fast,,a distance of 110.86 .feet to a pQint fox-corner; ,
South 23 degees 41 minutes 00 seconds !Fast, a distauce of 46.71 feet.to a point at the
bcginning of a non-tangent aurve to the zight having a radius of 1102.50 feet;
Continuing with said curve mi aic Iength of 231.41 feet, having a delta: angle pf 12 degrees Ol minutes 33 seconds, whose chord bears South 10 degrees 19, minutes 03
secoad:s East, a distaace of 23098 feet to a point for camer;
Soitth Ol degree 09 miaautes 15 seconds '4Ves4 a distance of 2$$.12 feet to a point for .
corner;
South 04 degrees 33 minutes 23 -secands 'East, a distaace of 50.25 feet to a paint for
. coiner, .
3outh 01 degree 09 minutes 15 scconds Wast, a distance of 447:01 feet to a point for
cozner;
South 46 degrees 51 minutes 53 seconds Wesk a distance of 150.75 feet to a point for.
cornWI '
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~I
EXNI%IT C7
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.
rthur Surveying Ca, ~ nc. . Professioxcax :~r3a surV1e7o.=
P.O. Box 54 - Lewi$'villc, Texas 75067
Offce: (972) 221-4439 ~ Fax: (972) 221-4675 ,
Sauth 41 degree 09 minutes 15 seconds:West, a distance of 179.42 feet to a point at the
beginning of a curve to the ri.ght having a radius of 13 87.50 feet;: '
ContixLuing with said curve an arc length of 179.10 feet, having a del#a angle of 07
degress 23 minutes 45 seconds, whase', chord bears Soutb. 04 degrees 51 minutes 08
seconds WeA a distance of 178.98 feet td apoitrt for corner; •
Sou#h 08 degcees 33 minutes OU seconds West, a distance of 293.26 fee°t to a point far '
. corner; '
SoutU 75 degrees 33 minutes 35 seconds'',WeA a distance af 14.30 feet to a point an the
east line of said Ra.yzor Investments tract;''
TMNCE North 00 degms 07 minutes 02 seconds East, with the esst line of said Rayzor
favestmetls iract, a distince af 251.19 feet to a pobuS for comer,
THl'.NCE over, through end across said Lot 2 the following nine (9) calls: . North 08 degirees 33 minutes 00 seconds'East~ a distance of 50.37 feet to a pdint at the
. ' beginning of a curve to the Ieft having a radius of 1337.50 feet
Continuing with said curve an arc length of 172.65 feet, ha.ving a delta angle of 07
degrees 23 aunutes 45 seeonds, wliose ohord beara Norkh 04 degrees 51 m:in.utes 08
seconds East, a distance of 172.53 feet ta a point for comer, North O1 degree 09 miautes 15 seconds Bast, a distance of 181.92 feet to a poiut for
,
. comer,
•Tiorth 06 degrees 51 minutes 53 seeonds Fast, a distance of 150.75 feet ta a point for
corner;
North 01 degree 09 minutes 15 seconds Fast, a distance of 442A2 feet to a poimt for
. . corner;
Ndrth 04 degrees 33 minutes 23 seconds ~'West, a distance of 50.25 feet to a point for
comer,
North Ol degree 09 minutes 25 seconds Ealst, a dista.nce of 288.20 feet to apoint at the
' beginning of a non-tangent curve to the left having a radius of 1052.50 feef;
Contiauing ~vith said curve an arc lengtlxof 215.3 8 feet, having a delta angle of 11
degrees 43 minute 29 seconds, whose chord beffis North 10 degrees .17 minutes 43
seconds West, a distance of 215.00 feet to apoint for corner;
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EXHIT C1
5 F 12
rtlur Surveying Co,
. _ nc. :
,
ProFb"xozta!r r;ana suzveovors
P.O. Box sa - Lewi5vil2o, Texas 75067 .
Office: (972) 221-9439', Fam (972) 221-4675
North 23 degrees 41 minutes 00 seconiis West, a distance of 31.95 feet to a poijnt im the east linc of said Rayzor,Investnients trai~~
TSLNCE North 00 degrees 07 minutes 02 seconds East, with: the east line of said Rayzor„
Investnuents ticac4 a distance of 133.67 feet to the POINT OF IBEGTIVNING, anci containiing _
2.085 aeres of land, mare or less. .
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Beorfnq aystern boaed 4n tha City of Dmton qS n*twork.
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50 'Temporary Construction Esrrit.
2.085 Acres in the Arthur Surveying-Co., Inc.
, Jemes Perry Survey, Abst. No. 1040 , Professlonal.Land Stuveyors
rilty Of DGIItOII 972-2219~439 - Fss9T2-ZZI-467S -
Deatoa Cauat Texasr ~ 4
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EXHIBI'i C1
7OF1Z
A rthur SCo., ;nel
Professional Lai7d Srxrveyars
P.O. Box 54 - Lewisvilte, Texas 75067
Office: (972) 221-9439 ' - Fax: (972) 221-4675 50' TEWOItARY CONSTRUCTI4N EASEMENT
2.701 ACRES .
CTTY OF DENTON, DENTON COUNT"Y, TEXAS
BEING all that certain iot, traa or parcel of lAnd situated in the James Perry Survey, Ahstract.:
Number 1044, City of Denton; Uenton County, Tom, aud being a part of Y,ot .2, Bioclt A, -Westparlc Addition, Phase 2, an addition to the City of Denton, Denton, Coiwty, Texas, accordiang
to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton
Coimty, Texas, and being more particularly descn'bed as follows:
BEGINNING at a point in the west line of said :Lot 2, and the east line of that cetain tract o:f land
dsscn'bed tn deed to Rayzar Inveshnents Ltd., recarded in Valume 1796, Page 601 of the Dead
Records of Denton Courrty, Texas, :firom which the sou'thwest comer of said Lot 2 bears South 00 '
degces 07 minutes 02 seconds West, a distance df 4777.30 feet;
THFNCE North 04 degrees 07 mimutes 02 seoonds East, with the west line of said ~Lot 2, a.
distaiice of 106:44 feet to a point for comer,
, TSENCE over, through aud across said Lot 2 the following fift-en (IS) calls:
South 27 de;grees 53 minutes 59 saconds' East, a distance of 371.48 feet to a point at the
beginnin8 of a curve to the right having a~,radins of 1327.50 feet;
Continuing with said curve an arc lengkh of 673.16 feet, having a delta angle 'of 29
, depm 03 tninutes - 15 seconds, whose' chord bears South 13 degroes 22.. minutes 21
seconds East, a distaace of 665.97 fieet to a point for comer,
South Ol degree 09 minutes 15 seconds', West, a distance of 668.75 feet to a poimt for
comer, South 04 degrees 33 minutes 23 seconds East, a distance of 150.75 feet to a point fQr
comer,
-South 01 degree 09 minutes 15 seconds West, a distance of 19092 feet to a point at the
beginning ofa curve to the righ# having a;radius of 1642.50 feet;
Continuing with said curve an arc lengffi of 212.02 feet, having a dalta angle of 07
degrees 23 mmutes 45 seconds, whose chord bears South 04 degrees 51 minutes 08
seconds West, a distance of 211.87 feet to a pourt for comer;
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,F~,cof~.ssiv~l'',Lzma Surveyo.m
P.O. Box 54 -r Lewisvillc, Texas 75067
Office: (972) 221-9439 ~ Fax: (972) 222-4675
South 71 dsgrees 38 minutes 40 seconcls West, a distance of 56.07 feet to a point for
corner;
North 08 degrees 33 minutes 00 seconds I F.as, a distance of 1 E►1.71 feet to a point at the
beginning vf a curve to the Ieft having a rAdius of 1592.54 feet
Continuing with said curve an arc length of 205.56 feet, having a delta a.tzgle of 07
degrees 23 minutes 45 semds, whose;'chord bears North 04 degrees 51 minutes 08
seconds EaA a distance of 205.42 feet to a point for carner,
North. 01 degree 09 mfnutes 15 seconds, East, a distance of 188.42 feet to a point for
oomea; -
North 04 degrees 33 minutes 23 seconds' West, a distance of 150.75 feet to a point for
corner, , North Ol degree 09 minutes 15 seconds East, a distance of 671.25 feet to a point at tlxe
begiunkg of a curve to the le$ having a radius of 1277:50 feet;.
Continuiag with said curve an arc length of 647.80 feet, having a delta angle of 29
degrees 03 minutes 14 seconds, whose Ohord bears North 13 degrees 22 minutes 22
secands West, a distance of 644.88 feat to a point for corner; North 27 degrees 53 minutes 59 seconds West, a distance of 277.51 feet to the POINT
OF.BEG]NNING, and containing 2.701 acres of 1Eind, more or Iess.
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Volume 1796, Page 601 ~.-D.RD.C.T. 5U
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- - 4777.30'
IEtiPORARY ACGESS,
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P.O. Box 54 - Lewisville, Tcxas 75067 i
Office: (972) 22I-9439 ;Fax: (972) 221-4675
50' TEN80RARY CUNSTRUCTION EASEMENT I
1.633 ACRES CITY OF DENTON, DENTOlaT COIINTY, TEXAS j
, BEING all that certain lM tract or pam,ei of larnd situated in the 7ames Perry Survey, Abstract Number 1040, Crty of Denton, Denton County, Texas, and being a part of Lot 2, Block A,
Westpark Ackiitioa; :Phase 2, an addition to the Criy of Denton, Denton Oouniy, Texas, accordira
g
to the conveyance pIat,tb:ereof recorded in Cab'Inet Y, Page 169 of the P1at Records of Den'ton
_ Cotutt3',. Texasy and being more parliculazly deseri`bed as follows:
CONIlVSENCIlNG at the northwest corner of Lot',1 of sa.id Block A and being in the south lina of .
said Lot 2,
TSENCE South 71 degrees 38 minutes 40.seconds West, over; through and aeross said Lot 2, a I
distaace of 53230 feet to a point at the northea5t .ccuacr of a braiaage Easement to tlis City► o;f ~
Denton recorded undtr Instrument Number 200&+32334 of the Rea1 Properly Itecorci's of Denton
Cowody, Texas;
- ' ~
TSENCE South 75 degress 34 minutes 52 seconds West, cantinuing across said Lot 2 and with.
the nartharly Iine of said Drainage Easement, a distance of 98.24 feet to a point in ttfe easterly
Iine of Westezn Boutevard, a. public roadway; '
TnENCE North 0&' dagrees 33 minutes 00 seconds East, with the east lin,e of said Westerrm I
Boulevard, a disiance of 70.95 feet to the FOINT `pF BEGINDMG; I
1'HENCE North 08 degrees 33 minutes 00 seconds F.ast, with the easterly line of said Western i
Boulevard, a distance of 56.07 feet to a point for cqrner; - ;
THENCE over, through and across said Lot 2 the.following seven (7) calls: ~
North 71 degrees 38 miautes 40 seconds'F.,ast, a distauce of 593.44 feet to a point for
corner; . .
- i
South 88 degrees 50 minutes 24 seconds` East, a distance of 685.66 feet to a point far . ~
corner; '
South 41 degree 06 minutes 45 seconds 'GV'est, a distance.of 189.57 feet to a point for ~
coraer;
ATorth 88 degrees 53 minutes 15 seconds 'QV'est, a distance of 50.00 fEet to a point for '
cornei;
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rthur Surveying CO.., Ac.
.7Px•ot'bssxo.aail.~na svsve,Vors
P.O. Box 54 Lewi'sville, Tcxas 75067
Officc: (972) 221-9434 Fax (972) 221-4675
North Ol degree 06 minutes 45 seconds Fast, a distance . of .139.61 feet to a point for
corner; ,
North 88 degrees 54 minubes 24 seconds West, a distance of 627.10 feet to a poiint for corner; ' .
South 71 degrees 38 minutes 40 seconds, West, a distauce of 610.22 feet to the POl1VT .
OF BEGIIVNING, and containing 1.633 acres oiF land, more or less.
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Exhibit "D"
To
Contract
EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE ''A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS FILED FqR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS § ,
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON § '
THAT, Rayzor Investments, Ltd., whether one or more, hereinafter called "Grantor," for and
in consideration of the sum of ONE DOLLAR and Nd CENTS ($1.00) and other good and valuable
consideration to Grantor in hand paid by the CITY OF CIENTON, TEXAS, hereinafter called "Grantee,"
the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain,
sell and convey to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in,
along, upon and across certain property, owned by Grantor and situated in Denton County, Texas, in
the Thomas Toby Abstract, Survey 1285, the John Baoon Survey, Abstract 1541, and the John Scott
Survey, Abstract 1222, and being more particularly described and illustrated in fxhibit "A" which is
attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement
Property")
And it is further agreed that Grantee, in consideration of the benefits above set out, will have
the right to remove from the Easement Property, such fences, buildings and other obstructions as may
now be found upon said Easement Property; but ohly to the extent necessary to complete the
construction of the below described Facilities and maintain same thereafter; provided, however
Grantee will take reasonable efforts that are necessary to minimize interference with and removal of
any of such items.
The easement rights granted herein are for the purpose of erecting, operating, maintaining and
servicing thereon (i) one or more underground and/or above ground electric distribution power and/or
communication lines, each consisting of a variable 'number of wires and cables, along with all
necessary, convenient or desirable appurtenances, attachments and supporting structures, including
without limitation, foundations, guy wires and guy anch'orages, and structural components; (ii) one or
more gas pipelines, along with all necessary or desirable appurtenances, attachments, and supporting
structures, including without limitation, surface mounted equipment, conduits, cathodic protection
equipment and aerial markers; and (iii) one or more thermal energy commodities pipelines, consisting
of, without limitation, heated and/or chilled water, compressed air and/or steam pipelines and return
pipelines related to such thermal energy commodities, and all necessary, convenient, or desirable
appurtenances and supporting structures (the matters described in paragraphs (i) through (iii), above
are collectively referred to herein as the ("Facilities"), said Facilities to be located in, on over, under,
along, upon and across said Easement Property, with thie right and privilege at all times of the Grantee
herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress
in, along, upon and across said Easement Property for the purpose of making additions to,
improvements on and repairs to said Facilities or any part thereof.
Exhibit "D" to Contract
Page 1 of 3
Grantor hereby further reserves to itself, its sqlccessors and assigns, all rights in and to the
Easement Property and the right to use and enjoy the',surface and subsurface thereof for any and all
purposes whatsoever, so long as such use does not unreasonably interFere with the rights herein
granted to Grantee. Grantor specifically reserves the'right of passage over the Easement Property.
Grantor RESERVES AND RETAINS THE RIGHTS BY,' TO AND FOR THE BENEFIT OF GRANTOR,
ITS SUCCESSOR8 AND ASSIGNS to use the Easement Property for the location, construction,
reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other
facilities ("Grantor Facilities") necessary or desired fqr the conduct of Grantor's development of the
Grantor's adjoining property so long as Grantor's use, of such groundspace. does not unreasonably
interfere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors
and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor`s
reservation of its right to do so and such Grantor FAcilities are reasonably expected to affect the
Facilities, then such Grantor Facilities shall require the written approval of the City Engineer, such
approval not to be unreasonably withheld, conditioned or delayed. If the installation of the Grantor
Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the
installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the
same condition as existed immediately prior to the installation of the Grantor Facilities using industry
standard materials and methods; provided, however, in remedying any Grantor Installation
Disturbance, Granto'r will not be required to incur any cost or obligation to improve, expand or upgrade
the Facilities to a state or condition exceeding the Gondition that existed immediately prior to the
installation of the Grantor Facilities, including withou't limitation any improvements, expansions or
upgrades to the Facilities necessary to comply with then-current applicable federal, state, municipal, or
other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements,
expansions or upgrades shall be Grantee's responsibility and at its sole cost and expense as set forth
hereinbelow.
The grant of easement rights hereunder is made subject to any of the following as they relate to
the Easement Property: (i) any and all restrictions,' covenants, easements, tenancies and other
encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal
and other governmental authorities. The easement for #he Easement Property as provided for herein is
made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the
agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS
OR IMPLIED, OR ARISING BY OPERATION OF LAW.'
Grantee, at its sole cost and expense, shallperForm or cause to be performed all work
necessary in connection with the Facilities (the "Work") in a good and workmanlike manner in
conformance with sound and acceptable engineerinj practices as expeditiously as possible. In
perForming the Work or causing the Work to be perFoemed, Grantee shall make adequate provisions
for the safety and convenience of Grantor, its agenfs, representatives, employees, licensees, and
invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or
inconvenience, and coordinate the Work with Grantor's' contractors and subcontractors. Grantee shall
at all times construct, keep, maintain, use, operate or rcmove the Facilities in a safe manner and in full
compliance with all applicable federal, state, municiptkl, or other laws, statutes, codes, restrictions,
regulations, ordinances and orders. Grantor shall have no obliaation. monetarv or non-monetarv.,
to maintain the Easement Proaertv.
Exhibit "D" to Contract
Page 2 of 3
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premises above described. This easement, together with the provisions of this grant,
shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns
and the benefit of Grantor, its successors and assigns. '
Witness my hand to be effective this day',of , 2011.
Rayzor Investments, Ltd., a Texas limited partnership
By: The Rayzor Company, a Texas
corporation, its general partner
By:
Philip A. Baker, Vice President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTY OF DENTON § '
This instrument was acknowledged before me on this the day of ,
2011, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general
partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership.
Notary Public - State of Texas
My commission expires:
Accepted this day of I , 2011 for the City of Denton, Texas
(Resolution No. 91-073).
By:
Paul WiAiamson
Manager, Real Estate and Capital Support
After recording, please return to:
City of Denton
Utilities Engineering Department
901-A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
Exhibit "D" to Contract
Page 3 of 3
' F~IOIBFtI~'8
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~'rofessional: Larid Surveyors `
P.O. Box 54 LewisvilIc, Tcxas 7506~
Officx: (972) 221-9439 w Faac: (9"12) 221-4675
_ _ _
o.asi A~s
CITY OF DENTON, DENTUN COIINTY, TEXAS
BEIl~TG all tbat certain to~ hyact or parcel of land situsted ia the Thamas Toby Survey, Abstt'act.
Numbcr 1285, .City of Dcntan, Deuton County, ~'Texas, and being a part of f3~at cert~in tract of
Iand deaded to Rayzor Inve.s~ments, L'~'D. and~', de.a~ibed as Section 1, Tract 8, recorded iri
doIn~ma 1796, P~ge b~I of the Deed Recorc~s' of Denton County, Texas, and being moxi~
particularly dcscribed as fallows: ,
BEGYNNIl~TG at a%s inch iron rad found at t3i$ soirtheast corner af tlaat certain traat of land
deseribod in dexd to Dorothy Nell Cook, recordeti in Voh~me 982; Page 29 of the Deed Rccorc~s
af Deaton County, Texas, sasid poi~ bei,ng in the~north line of Airport Road, also lmown as ~.M.
1S1S, being a public roadway, '
THENCE No~th 40 degces Oi miau~e S8 se~oac~s East, with the east ]ine.of said Cook tract, a
di~taaee flf 34.00 feet ~o a point for crnner;
• TH~NCE Somh 89 degcces 42 minutes 27 seco~tds Ess~ br►er, aeross and i~rough said Rayzor
tr~ a distaace af b54.67 feet tA a poi~ in the ~ liae of that certain tra~t of land descn'bsd in
deed to the City of L?cnton, recorded im Volume ;$16, Page 648 of the Deed Recortis of Denton
. Caimty, T~xas~
TSENGT 3otrth 00 degrees 08 minutes 14 seCpnds East, with the west line of said City of
Danton traet, a distance of 30.00 feet to a poiut $t the southwest corner of said City of I?~ti~on
tract and beiag in the.nardi linc of said Airpan Road;
1-'~NCE North 89 degrees 42 minures 27 seeonds West, with the north line of said Airport
Rcyad, a distance of 654.76 feet to the POINT O~' BEGIl~TING, and contaiming 0.451 acres of
lantcl, more a~ less.
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Rayzar Inveshnents, Ltd. .4~
Volume 1746, Page 601
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PROF'OSEQ b0' iEMPORARY tWSlFiUCr" EASfMENT
S89'42'27*E 854.67'
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0:451 Acres iu the ,
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- Citp vf Denton
Denton Cvunty, Texas .
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P.o, BoX sa - Lcwiiville, Texas 75067
Office: (972) 221-9439 -1- Fax: (972) 221-4675
1.720 ACRES
C1TY OF y3ENTON, DEMON COUNTY, TEXAS .
BEING all that ceitain lot, tract;or parce2 of laud situatsd in tha Thomas Toby Survey, Abstraet. -
Number 1285 and the 3ohn Bacon Surve^y, A6strmct Num.ber 1541, iin the. City of Denton, Dentun
, Cfluaty, Texas, and being a part of that certalin tract of Iand descnbed in deed to Rayzor
lnvestments, LTD., =,orded in Volume 1796, Poge 60I of the Deed Records of Denton County,, Texas, aad being mora particularly described as follaws: .
BTGLNTVIlNG at a point in the east line of that oertain tract of land :described 'm deed to the City
of Denton, reco=ded ia Voluma 516, Page 648 'of tt►e Deed Recc»rds of Aenton Caunty; Texss,
: from wIuch a% iach iron rod fouad at the southeast corner thereof bears South 00 degraes 08 ,
minutes 14 seconds East, a distaxice of 16.00 feefand being iu the norfh line of Airport Road, alw known ss F.M. 1515; a publia rosdway; . .
TYECNCE Nnrth 00 degcees OS minutes 14 smonds West, with the east line of said City of
Dcntan trsct, a distanee of 30.00 fe.d to a point far corner;
THENCE aver, across aad through said Rayzor Tnvestnents tract the foltowing nine (9) ealls:. South 89 degresos 42 miazrtes 47 seconcts East, a ciistance of '18.97 feet. to a point far
corner; ,
' North 23 degrees 43 minutes 52 seconds East, a distance of 48.90 feet to a poiat for
_corner;
North 00 degrees 17 mintites 36 seconds East, a distance of 10.70 feet to a poiut at the
beginning of a curve to the rigiit havmg a!radius of 1309.50 fee~
Continiuiug wrth said curve an = leng'th of 238.39 feet, having a delta, angle of,1Q
degrees 25 minutzs 49 seconds, whose chord bears Narth 05 degrees 30 miuutes 30.
: seeonds East, a distance of 238.06 feet to a point frn corner;
Narth IO degrees 43 minutes 25 saconds East, a distance of 333.66 feet to a point at the
beginning of a cmve to the left having a zadius of 1090.50 feet;
Continuing with said curve an arc length of 182.46 feet, having . a delta angle af 09 .
, .
degrees 35 minutes 12 seconds, wIiose.',chord bears Narth OS degrees 55 minutes 49'
seconds FaA a distance of 182.25 feet to; a point for corner, ,
North 01 degree 08 minutes 13 seconds East, a distance of 33.62 feet to a point for
corner; o:W0s=aW08e9 -iim auisW a= casonamMocA1008127_esn!~ tayzormisea.aoc
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P.4, Box 54 - Lewisville, Texas 75067
4ffce: (972) 221-9439 Fax: (972) 221-4675
North .00 degrees 07 minutes 02 seconcls Fast, a distaace of 1541.14 feet to a point for
corner, . .
. North 75 dcgrees 33 minutes 35 seconcls East, a distance of 31.00 feet to a point in the
west line of Lot 2, Bldck A, Westpark Addition, Phase 2, an addition to the City of
Iknton, Denton County, Texas, according ta the conveyance plat themf recozded zn
Cabinet Y, Page 169 of the Plat Records! of Denton County, Texas;
THENCE South 00 degrees 07 minutes 02 secdnds QVest, witZt the west line of said Lot 2 atzd
then coatinumg wi1h the westerIy Iine of Western Boulcvard, a public roadway, s distauce of
1549.47 feet to a paiat for cornw, .
TBMCE South 01 degrea 08 minuties 13 sec06ds West, contiunuing with xhe west Iizie of said
~ Wostrra Boulevard,: a distance of 33.62: feet to A point at the begirining of acurve to t~e right
having a radius of 1120.50 feet; .
TELNCE continuing with said curve an arc Ierlgth of 187.48 feet, having a clelta angie of 09
degrees 35 minutes 12 seconds, whose chord Bears South OS degrees SS minutes 49 seeonds
West, a distance of 187.26 fect to a point for corner, .
THENCE South IO' degrees 43 minutes 25 seconds West, continuing with ttia west liae of said
Weftn Boulevard,, a distance of 333.66 feet to'', a pomt at the beginning of a curve to the laft
baviag a radius of.I279.50 feet; ' .
THENCE contionning with said cuzve an arc length of 232.93 feet, haviag a delta angle of 10
deg"es 25 mznutes 49 seconds, whose chord lftrs South OS degrees 30 minutes 34 seconds
West.a distance of 232.60 feet to a point for comer;
THENCE Soutlt OQ degrces 17 minutos 36 secokids West, continuing with the west line of said
Westem Boulevard, a distaace of 16.92 feet ta a point for connor,
TIIENCZ South 23. degrees 43 minutes 52 secoiads West, continuing with the west line of said
Westera Boulevard, a distance of 74.81 feet ta a point in the west line of said Western BouleVard;
THENCE North 89 degrees 42 minutes 47 seconds. West, over, across and through said Rayzor
Iavesimeats tract, a distance of 98.44 feet to the PQIlVT OF SEGINNiNG, and containiug 1.720
acres of land, more or lass.
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City of Denton E
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P.O. Box 54 Lewisville, Texas 75067
Qffice: (972) 221-9439 Fax: (972) 22I-4675
2.667 *CRES
CITY UF DENTON, DENTON COUNTY, TFX4,S
BE1NG all that certa,in lot, tract or parcel of lknd situated in the John Scott Survey, Absftct
Number 1222 and the Joha Bacau Survey, Abstcact Number I541, . Ciiy of Denton, Denton County, Tcxas, and being a part of that certain tract of land described in deest to Rayzor
Invastments, Ltd., 9xtion 1, Tract 7, recorde@ i4 Volume 1796, Page 601 of the Deeil Records of
Denton County, Texas, and being more particulaitly described as follows:
BEGINNlNG at a pourt ia the east line of thAt ctrtain tract of la,nd descnbed in dEed ta Ed
Vu'olsld, Trustee and Vaginia Fryman, recorded: in Volume 2895, Page 470 of the Deed Records
af Denton Coimty, Texas, from which the northeast corner thereof beazs North 00 degrees 15
minutes 52 secauds:East, a distance of 55.00 feet, being in and near the centerline of Jim Christal
Road, a public raadway; '
TSENCE over, thraug6 aad aoross 'said Rayzor Invesiments tract the fallawing six (6) calls: ~
23orth 89 degrees 43 mintrtes 31 seconc#.s PAst, a distance of 394.57 feet to a point fc►r
coraGr; ,
South 04 degrees 31 minutes 20 'seconds East a distance of 338.80 feet to a point fox
coruer;
North 85 degrees 28 minutes 40 seconds East, a distance of 311.18 feet to a point for
cornes;
North 04 degrees. 31 minubes 20 second§ West, a distaace of 131.33 feet to a point for
corner;
North 40 degrees 28 minutes 40 seconds East, a distanoe of 216.29 feet to a point for
corner,
North 89 degrees 43 minutes 31 seconds East, a distance of 595.05 feet to a point in the
west line of Western Boulevard, a publia toadway;
T'EENCE with tho west line of said Wastern Boulevard the following nine (9) calls:
South 40 degrees 33 minutes 19 seconds East, a distance of 2.54 feet to a point far
corner;
South 01 degree 49 minutes 14 seconds' West, a distance of 337.07 feet to a point for
carner;
020081co084869 - jaa dtistaf dme easemaniWocs\1008I27 e~~ caywr.doc
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PxofessionuLl .Laad stirveyors.
P.O. Box 54 LeAritville, Tejcas 75067
Office: (972) 221-9439 :+-Fax: (972) 221-4675
South 04 degrees 33 minutes 24 seconas East, a distance of 201.40 feet ta a point for
corner;
Srnrth Ql degree 09 minubes 14 secoads West, a distance of 8014 feet to apoint at the:
beginning af curve to the ieft having a ralffius of 1267.50 feet
Continuimg:with said curve an arc length of 642.73.feet, having a delta angle of 29
degrees 03 minutes 14 secnnds, whoso chord bears South 13 degrees 22 minufes 23
seconds East, a distance of 635.8d feet to a point far cflrner;
South 27 degrees 53 nninutes 57 secon~s F.ast, a distance of 393.57 feet to a point for
. corner;
South 22 degrees 11 minutes 21 saconds East, a distance of 50:25 feet to a point for .
; cornWI .
South 27 degrees 53 minutes 59 seconds F..ast, a distance of 159.75 feet to a point at the
begznning of eurve to the right having a radius of 1127.50 feet;
Continuing with said curve an arc length of 4.42 feet, having a delta amgle of 00 dpgrees '
. 13 minutes 29 seconds, whose cho=d b*s Sotrth 27 degrees 47 manutes 16 seconds Fa,st,
a distance of 4.42 faet to apoint in the west line of Lot 2, Block A, Westpazk Additioin,
Phase 2, aa addition to the City of Douton, Denton County, Texas, accordimg to the
cmveyance plat thGreof recorded in Cat~'anet Y, Pago 2.69 of the Plat Records of Danton
County, Texas; ,
1'13ENCE South OQ degrees 07 minutes 02 seeonds West, with the west line of said Lat 2, a
distance of 67.86 fect to a poin# at the beginning ;of a non-tangent curve to the left having a radius
of 1097.50 fee~ ,
T'SENCE over; through and seross said Rayzni Inveshneats tract the following fouxteen (14)
calls:
Continuing with said curve an arc length of 6437 feet, having a delta angle of 03 degrees
21 minutes 37 seconds, whose chord bears North 26 degrees 13 minutes 12 seconds
West, a distance of 64.36 feet to a point fbz comer;
North 27 degrees 53 minutes 59 seconds West, a distance of 161.24 feet to a point far
corner; .
Nortli 22 degrees lI miantes 21 seconds West, a distance of 50.25 feet to a point far
cornw,
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profe~oaal' Y,ama suxveyors ,
P.O. Box 54 - i.ewi wille, Tcxas 75067
Office: (972) 221-9439,- Fax: (972) 221-4675. North 27 degcees 53 minutes 59 seconds West, a distance of 392.07 fee# to a poimt at ttrebeginning of a curve to the right having'i r$dius of 1297.50 feet;
eoniinuing with said curve an arc lcngth of 657.94 feet, having a clelta augle of 29
degrees 03 miautes 14 seconds, whoso chord beats North 13 degrees 22 minutes 23
seconds Wess% a distance of 650:91 feet to a point far corner;
North 01 degree 09 minutes 14 seconds East, a distance of 78.65 feet tn a point for
corner; .
Atorth 04 degrees 33 minutes 24 seconcis West, a distance of 201.00 faet to a point for
corner;
North Ol degree 09 miautes 14 seconds East, a distance of 309.75 feet to a point for
corner; :
South . 89 degrees 43 minutes 31 seconds West a disEancc of 55223 feet to apoiut for
corner;
South 40 depees 28 minutes 40 seconds West, a distauce of 194.12 f.eet to a point for
corner;,
South 04 degrees 31 minutcs 20 seconds Eas4 a dxstance of 148.90 feet to a poiat foz
corncr; South 85 degrees 28 mintmes 40 seconds West, a distance of 371.18 feet to a point far
corner;
North 04 degrees 31 minutes 20 `seconds West, a distance of 340.94 feet to a point for
cozncr; '
Sauth 89 dEgrees 43 minutes 31 seconds' West, a distance of 367.00 feet to a paint ui the
east line of said Wolski tract; ,
THENCE North 00 degrees 15 minutes 52 secoidds Fast; with the east line of said Wolsk.i tract, a
distance of 30.00 feet to the POINT OF BEGINNING, and containing 2.667 acres of land, more
or less. .
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Section 1, Trsct 7
Rayzcyr Invesi#~it~, Lid.
ayz y
(VoL 1796, Pg. 601)
WR1iE TA9LE
WRVE f ftAD1US I LfNGTFR I D~LLTA I f%iD BRG ~ CMORD
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~ 2.667 Acres in the
John Scott Survep, Abst. Na. 1222
John Baeon Survey; Abst.' -No. 1542 ,
City of Denton ,
Denton County, Texas
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Professz,6ital Land Survayvrs
972-2219'439 Paac972-221-4675
~ 220 Elm Sbv4 Smite 200 - P. O Box 54
~
Zawlsvilley 2'exas 75067
. . . :
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r~hur ; SurveYing Co.
FxnfessioMal r-aina surve,yors
P.O: Box 54 - Lcwf'sville, Texas 75067
Office: (972) 221-9439;,--- Fax: (972) 221-4675
, 0.024 ACRES ,
CITY OF DENTON, DENTON COUNTY, TEXAS
BENG atl that ceataia lot, tract or parcel ofland situated in tlia J. Bacon Survey, Abstracf
Nutnbea' 1541, City of Denton, De,nton County, Texas, and bcing a part of that certain tract of
laad descn'bod in deed to Rayzoar Tnves6ments,', LTD., Section 1, Tract 7, recorded in Volume
1796, Page 601 0f tha Deed ltecords of Dentbn County, Texas, and being . mare, particularly '
desGribed as follows:
COMMENCING at the northvKest conier of WOsipark Addifton, Phase 2, an adclition to the City
of Dentaa, Denton County, Texas, accordang to'the conveyanc.e plat thareof recbrded in Cabinet
Y, Page 169 of tha P1at Recort#s of Denton Cauniy, Texas, from which the northeast corner of
said RayLOr Investaients tiract bears Noifih OU dbgrees Ol minute 06 seconds East, a distance of
29.97 ftck being in and near the approximate ceotealine of Jiin Christal Road, a public roadway;
THENCE South 00 degceea Ol minute 06 secimnds West, with the west. line of said 'pVestpark
Additioia, Phase 2, a distance of 45.00 feet to a pi4int for corner;
THENGE South 84 degrees 43 miautes 30 secc►nds West, over, through and across said Rayzor Iavastmarts tra+ct, a distance of 188.56 feet to thb; POINT OF BEGINNIN'G;
TH'ENCE South 00 degrees 16 mmubes 30 sec'onds East, continuing over, through and across
said Rayzor Investmmts tract~ a distaace of 30.00.feet to a point for corner,
TSENCE South 89 degree.s 43 minumes 30 secbads West,, coni:iinuing over, through aad a=ss
saaid Rayor Invesbmts tcaCt,' a distance of 39.06 feet to a point in tha east Iime of Western
Boulevard, a public roadway; -
TMNCE Narth 01 degree 09 minutes 14'see4~onds East, with the east line of said Western
Boulcvard, a distsnce of 15.64 feet to a point foz carner thereof;
THENCE North 45 degrees 19 minutos 51 seconds East, continuing with the east Iine of said
Westein Boulevard, a distanee of 20.53 feet to a: point for corner;
TBENCE North 89 degrees 43; minutes 30 secqnds East, over, thmugh and across said Rayzoi',,
Invashnents tract~ a distaace of 24.40 feet to the POIlVT OF BEGINNIlNG, and containing 0.024
acres of land, more or less.
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LlNE TABLE
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I LINE I eE,aRrNC i t.ENCrH
I
NvRTH
I U I N00'01'08"E ( 29.97'
f. L2 I S00 32'OQ"W ! 23.25'
~
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:ystern baaeG on tl+e Ctty of Oenton GIS netwo&
~
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,
WaIlace L. Davis, h. and M.azy V. Davis :
. GR.~ .
.
' (VoL 612, Pg. 430)
1..56.90'
JIM CH',~ISTA.L ROAD 518"I.R:~ 6EARS
N8923'31"E D.48'
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~o., .J. Bacan Svrvep, Abst. Na. 1541 Professional Z.an.d Surveyars
~ / PROPaSED ZO :.AI.E EASEN ~
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W - ^ - - - -S89'43'30"WV 18B.56'- - - - - - -
--iS00'i 6'300E
Qul~ ~ 30.00'
z° S 9 3'3D"W ~
EASE1~tENT~
M 39. 06' 0.024 ACRE$
w Scction 1, Tract 7
Rayzflr Irrvestments, LTD.
~ (VoL 1796, Pg;'601)
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Citp of Denton
Dentan Cauntp, Tegas
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972-221-9439 - Fa3r972-22X-4675
220 Slm Smeat, Syxite 20D - P.O. Box 54 ~
Lewiaville, 2'=as 75067 ~
F12MFO 18
.
rthur SCo., -nc.
Professidnaz X,~sr.a sursreyors
P.O. Box 54 Lewisville, Texas 75067
Office: (972) 221-9439.' - Fax: (972) 221-4675
0343ACRES CITY OF DENTON, DENTON CODNTY, TEXAS
BEING aIl that mtsin lot, iract or parc:el of ~land situated in the John Scott Survey, Abstra.ct
. Number 1222 and: the John Bscon Survey, Abstraet Number 1541, Ci#y of Denton, Denton
County, Tecas, and being a part of thax certaGin tract of land described zn deed to Rayzor
investtnents, L'TD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of tha Deed Recards
of Denton County,. Texas, and being more particularly described as follows:
BEGINNING at a point in the east line of Westcrn Boulevard, a publia roadway, said point also
beiag in the east line of said Raywr Investments tract and the west lzne of Lot 2, Block A,
Wetparjc Additiosa, Phase 2, an addition to the City of Denton, Denton County, Texas, according , .
to tt►e ronveyance plat thomf recorded in COinet Y, Page 169 of the Plat Records of Dentoa
County, Texas aad from which the southwest corner of said Lot 2 bears South UO degrees 07.
minutes 02 seconds West, a distance of 4756.01: ;feet;
THENCE with the east line of said Westein Boutevard the following five (5) calls:
North 27 degrees 53 minutes 56 secomtis West, a distance of 293.12 fect to a point at the
beganning of a curva to the right having a radius of 1132.50 feet;. . Continuing with said curve an arc letigth of 574.27 feet, havi.ng a delta sagle 'of 29
degrees 03 minuties 14 secands, whoso chord besrs North 13 degrees 22 minutes 23
seconds WeA a distance of 568.14 feet to a point far corner,
North Ol degree 09 minutes 14 seconds East, a distance of 125.15 feet to a point.for
corner; '
North 06 degroes 51 minutes 52 secm Os East, a distance of 201.00 faet to a point for
corner;
North Ol degree 09 mintrtes 14 seconds East, a dislance of 313.98 feef to a.point for
corner;
T.HENCE over, througli snd across said Rayzor1nvestments tract the following szx (6) calls:
North 89 degrees 43 minwtes 30 secon±ds East, a distance of 10.00 feet to a point for ;
corne,r;
South 01 degree 09 miautes 14 seconcig West, a distance of 314.73 feet t4 a point for
corner;
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rt lur SurveY~
Profbwiona~ .lGana surveyors
P.O. Box 54 - Lewisville, Tcxas 75067
Office: (972) 221-9439`',- Fax (972) 221-4675
South 06 degteses 51 minutes 52 seconiti§ West, a distance of 201:00 feet to a point for .
corner; Sauth Ol degree 09 minutes 14 secoxid$' West, a digance of 124.65 feet to a point at the
beginning af a cwve to the left having a tadius of 1122.50 feet;
Continuiug with said cvrve an: arc length of 569.20 feet, having a dalta angle of 29
degrees 03 miautes 14 seconds, whos~ chord beazs Sonth 13 degrees 22 minutes 23
scconds F,ast, a distance of 563.12 feet tii a point for corner;
South 27 degrees 53 minutes 56 seconds East, a distsnce af 274.33 feet to a point zn the
west line of said lot 2;
T'EWENCE South OQ degrees 47 minutes 02 seoonds West~ with the west line of said Lat 2, a
disteace of 21.29 feet to the POINT OF BEGTNMNG, and containing 0.343 aeres of land, more
or lesss. ' •
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1 21_29'
Section I, Tract 7
Rayzor Tnvestments, Ltd.
(VoL 1796, Pg. 601)
.
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10' Easemen t "
0,343 Acres in the
Johyn Scott Survey. Abst. No. 1222
John Bacon Survay, AbsL No. 1541
City of Denton ,
Denton Countp, Texas ,
Arthur Surveying Co., Inc.
Prafassio.aa Land Surveyais
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Fmf~ssio.ua~ L~nc~i S~e,~o~-s
P.O. Box 54 - Lewiisvillc, Tcxss 75067
. Qffice: (972) 22I-9439 - Fax: (972) 221-4675 ; . : .
0.302 ACRE3
CITY OF DENTON, DENTON COUNTY, TEX.A.S
BEING all that cmtain Iot; tract or parcel of laad sitLiatcd 'm the Jobn Scott Survey, Abstract Nunaber 1222;
in the City ofDenton, Denton.CoimtY, Tcxas, and being a part'ofthat.certain tract o€iand described ia deed
to Ytayzor Invcstments, LTD., recorded in Volunae 1?96,.Page 601 of the. Deed Rmrds of Drenton Couniy,
Teacas, and alsn being a part of tlsat ceatain tract of land dsscn'bed ia dead to Eagteridge Eaergy:. LLG,
recorded under.Instivmet Number 2010-74722 of the Real 1'roperty Reeozc}s of Denton Gountiy, Texas,
aad being mare particuiarly descxbed as follows:
~ CpMNtENCING from a h inch iron rod foind in it-comer clip in the west line of `PVestern Boulevard, a
Pnblic roadvvay,
TSENCE 3onrtx► 40 deges 33 minutes 19,secondsiEast~ with thc we.st line•of said Westcra Boulevard,. a:; '
distance of 36.38 feet ta the POI1V'F UF BEGIIQNIN,G; ,
THENCE South 40 degrees 33 nninutes 19 secondi F,ast continuin8 with the wsst line of said Wes#em ;
Boulevatd, a distaaee of 13.11 fieet to a pomt for corner;
THENCE South 89 degrees 43 minutss 31 secoads:'West, over, through and across saxd Rayzor tcact and
contlnui,ug over, throngh and across said Eagleridge'IEnergy tract, a distenee of 784.22 feet to a point for
cornar;
THENCE Sowth 00 degrees 16 minutes 29 seconds tast, continuing through said EagIeridge E=gy tract,
a distsnce of 10.00 feet to a point for corner; .
TSENCE South 89 degrees 43 minutes 31 seconds W'est, confmuing throughh said Bagleridge Energy+ iract,
a distanae of 267.75 fcet to a point fnr comcr m the west line of said Eagleridge Energy tract;
THENCE North 04 clegrees 31 minutes 20 seconds' West, with the west line of said Eagteridge Energy
tract a disffince of 20.06 fcet to a pomt for comea,ifrom which the northwest corner of said Eagleridge
Enag,y tract bears North 04 degrees 31 mututes 20 scoonds West at a distance bf 23.38 feet;
~ THENCE North 89 degrees 43 minutes 31 seconds East, over, through aad aeross said.Eagleridge Encigy
.
tract aud continuing over, through aitd across said Rayzor tract, a distance of 1044.98 feet to the P01NT
OF BB,GINNING, and containing 0.302 acxes of Iaad, more or less.
,
• c:t20681cod1380869 - jim ctuistai dme easemcntldocs11408127 esiW3 rayzor.doc
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NORTH
200 0 200 fes# John Df. Davis
e.onny .ptem bona on tne acy af oancon cIs n.tNork. (Vol. 1I15', Pg. 141) ~
- ~
C JIM CHPIStAL RQAD
RtrfOW tM S89 43'31 "W 2.S36.65' ~ L51
`g.
a
s ti N89 43'/31`", E 1044.98'
SB9 43 31'W 489'43j3f~W~ 784.22'~
~ L3 . L2
2 6 7.; 7 5 P a o a o sEn s o' E A S E M E N t
I . ' & RIGF1T-OF WAY
- 1 D M.~. EA5EMENT
Beglefidge Bnew~ 1✓ 0.,~f32 ACRES
r~c..xa. zoia7o722 ~ ~ I ^
4 ~ o
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~
5eictioa 1, Tract 7
Rayzdr Invesbnents, Ltd ~ Q
(VaL 1796, Pg.,6(}1) Q
. w
~ LINE TABLE
1 L1NE ~ BEARING I LENGTN . .
! Li ~ S4033'19"E I, 13.11'
! 12 I S00'16'29'E I f O.AQ'
L3 I N0439'20'W I 20.06'
L4 l S40'33'19"E I 36.38' 1
L5 I N10'19'28'E ~ 27J2•
I L8 I N04'31'20'W I 23.38' F~ 1
~A 1
0.302 Acres in the '
Joha Scott Survey, Abst. No. 1222 '
City of Denton
Denton County, Tegas
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rthur SurveYing Qo., In-C.
Prafessional Larid 3ru7eyoxs ,
972-221A439 - PaX972,221-4675
220Eim Sa*mL Suite 200 P O. Sat S4
uwisviua rCWW 75067
~
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rthur Su fv~e in.gCo. _ ne.
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- - ~i~afesWonsit .~aa Survey arS
P.O. Box 54 - Lev~jsville, Texas 75067
Qffice: (972) 221-9439' Fax: (972) 221-4675
0.009!ACRES
. CTTY UF DEIVTON, DENTON CUUNTY, TEXAS
BEING a1i that catain lot, tract or parcel of land situated in the 3ohn Scott Survey, Abstra.et
ldumber 1222, City of Denton, Dartm Connty, Texas, and being a part of that certain tract of
land descn'bed 'm deed to Rayzor. Investments; LTD., Sectian 1, Tract 7, recorded in Volume
1796, Page 601 of the Deed Records of Dentnn County, Texas, -and being more particularly
dascn'bed as follows: ,
COIVIlVIENCIlV'G at $ poimt m the south line? bf that certain tract of land described in deed to
Jobn D. Davis, racorded im Volume 1115, Pa'ge 141 of the Deed Reaards of Denton Coimty;
Texas, bem.g in and near the agproximate centetline of Jim Christal Road and in the. west line of
Wes6crn Boulevard, a public roadway and from vvhich a PK Nail found at the southwest corner. of
ssid Davis tract besrs South 89 degrees 43 minutes 31 seconds West, a distance of 2336.65 feet;
TSFNCE South 10 degcees 19 minBtes 28 seconds West vvith west line of said Westenn.
BouTevsrd, a distance 4f 27.72 feet to a V2 iuc4 iron rod with.a yellow cap stamped "AI~THIIR
_ SiJItYEYTNG COMPANY" found for comer, '
3'SENCE South 44 dogrees 33'minutes 19 saoonds East, continuing with the west line' of said
Wesbcrn Boulevard, a distance of 49.48 feet to the POINT OF BEGINN.ING;
TBMCE South 40 degrces 33 minutes 19 seconds East, with the west line of said Western `
Boulevard, a distance of 13.11 feet to a point for' oarner; .
TE[ENCE over, through and across said Rayzor Jnvestments tract the follawing three (3) oalls: ;
South 89 degrees 43 minertes 31 secontis West a d.igance of 39.32 feet to a point for
corner;
North 40 degrees 33 minutes 19 secontis West, a distance of 13.11 feet to a point for
corner, . ~
North 89 degrees 43 minutes 31 seconcls East, a disiance of 39.32 faet to the POINT OF
BEGINNING, and containing 0.009 acres of land, more or less.
~
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, E}OF18
UNE t 6EARiNG 1 LENGTH
!.i ( S4033119'E I 13.11'
' 1.2 1_,,y40'33'79"W I 13.71'. /
NORTH
300 /
0 300 Feet .
I
BearinQ .,ntd„ ba.e, on tha qty of ,Oenton q5 netwak John D; Davis
(Vol. 1115, Pg. 141)
S8943'31 "W 2336.65' ' f
~PMC AGIC f7A
,N N
~
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JIM CHRI,STAL RDADI y
;4
30' EASEMEIif T
- JD.
0.409 ACRES
-091TY3PROPOSED 20' D.AI.E EASEMENT
S89`43'31 °W ~
39.32' .
PROPOSED 30' E4SEM/EN7 Ac RI&HT-OF-WAY
~
~ . ~
Section 1, Tract 7 P4
Rayzor Investinents, Ltd. ~ I . ~ ~ '
(VoL 1796, Pg. 601) ; L I ~
30- Easement
0.009 Acres in the Arthur Surveying Co., Inc.
, Toha Scott Survep, Abst.'No. 2222 , Professzonal Z.and Srrrveyors
C'ity of Denton 972-221-9a3s - Fax 9T,2-22Y-467S
Denton Countp, Texas
220 Mm sft*o4 s~dkv aoo r p o. Box 54
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-2010- z.0w7SVM4 ToXas 75067
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_ . . . . i... . . . , : . .
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Exhibit "D''r1"
To
Contract
EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE 1,A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
§ KNOW ALLL MEN BY THESE PRESENTS:
COUNTY OF DENTON § '
THAT, Westpark Group, L.P., whether one or, more, hereinafter called "Grantor," for and in
consideration of the sum of ONE DOLLAR and NO'CENTS ($1.00) and other good and valuable
consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee,"
the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain,
sell and convey to the Grantee, the free and uninterrup,ted use, liberty and privilege of the passage in,
along, upon and across certain property, owned by Grantor and situated in Denton County, Texas, in
the Thomas Toby Abstract, Survey 1285, and the James Perry Survey, Abstract 1040, and being more
particularly described and illustrated in Exhibit "A" which is attached hereto and made a part hereof by
reference as if fully set forth herein (the "Easement Property").
And it is further agreed that Grantee, in consideration of the benefits above set out, will have
the right to remove from the Easement Property, such fences, buildings and other obstructions as may
now be found upon said Easement Property; but ohly to the extent necessary to complete the
construction of the below described Facilities and tnaintain same thereafter; provided, however
Grantee will take reasonable efforts that are necessary to minimize interference with and removal of
any of such items.
The easement rights granted herein are for the purpose of erecting, operating, maintaining and
servicing thereon (i) one or more underground and/or above ground electric distribution power and/or
communication lines, each consisting of a variable ' number of wires and cables, along with all
necessary, convenient or desirable appurtenances, atfachments and supporting structures, including
without limitation, foundations, guy wires and guy anchorages, and structural components; (ii) one or
more gas pipelines, along with all necessary or desirable appurtenances, attachments, and supporting
structures, including without limitation, surFace mourited equipment, conduits, cathodic protection
equipment and aerial markers; and (iii) one or more thermal energy commodities pipelines, consisting
of, without limitation, heated and/or chilled water, compressed air and/or steam pipelines and return
pipelines related to such thermal energy commodities, and all necessary, convenient, or desirable
appurtenances and supporting structures (the matters'described in paragraphs (i) through (iii), above
are collectively referred to herein as the ("Facilities"), 'said Facilities to be located in, on over, under,
along, upon and across said Easement Property, with the right and privilege at all times of the Grantee
Merein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress
in, along, upon and across said Easement Property for the purpose of making additions to,
improvements on and repairs to said Facilities or any part thereof.
Exhibit "D7" to Contract
Page 1 of 3
m
Grantor hereby further reserves to itself, its sUCCessors and assigns, all rights in and to the
Easement Property and the right to use and enjoy the'surface and subsurface thereof for any and all
purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein
granted to Grantee. Grantor specifically reserves theright of passage over the Easement Property.
Grantor RESERVES AND RETAINS THE RIGHTS BY,I TO AND FOR THE BENEFIT OF GRANTOR,
ITS SUCCESSORS AND ASSIGNS to use the Easement Property for the location, construction,
reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other
facilities ("Grantor Facilities") necessary or desired fdr the conduct of Grantor's development of the
Grantor's adjoining property so long as Grantor's use' of such groundspace does not unreasonably
interfere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors
and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor's
reservation of its right to do so and such Grantor Facilities are reasonably expected to affect the
Facilities, then such Grantor Facilities shall require this written approval of the City Engineer, such
approval not to be unreasonably withheld, conditioned'' or delayed. If the installation of the Grantor
Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the
installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the
same condition as existed immediately prior to the installation of the Grantor Facilities using industry
standard materials and methods; provided, however, in remedying any Grantor Installation
Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade
the Facilities to a state or condition exceeding the candition that existed immediately prior to the
installation of the Grantor Facilities, including without limitation any improvements, expansions or
upgrades to the Facilities necessary to comply with theri-current applicable federal, state, municipal, or
other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements,
expansions or upgrades shall be Grantee's responsibilitjr and at its sole cost and expense as set forth
herein below.
The grant of easement rights hereunder is made',subject to any of the following as they relate to
the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other
encumbrances of whatsoever nature and (ii) all zoning'laws, regulations and ordinances of municipal
and other governmental authorities. The easement for the Easement Property as provided for herein is
made on an "AS IS" basis, and Grantee expressly 1 acknowledges that, in consideration of the
agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS
OR IMPLIED, OR ARISING BY OPERATION OF LAW.
Grantee, at its sole cost and expense, shall perform or cause to be performed all work
necessary in connection with the Facilities (the "Wo'rk") in a good and workmanlike manner in
conformance with sound and acceptable engineering practices as expeditiously as possible. In
performing the Work or causing the Work to be performed, Grantee shall make adequate provisions
for the safety and convenience of Grantor, its agents„ representatives, employees, licensees, and
invitees, and shall cause all of the Work to be cleaned'up promptly in order to minimize disruption or
inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall
at all times construct, keep, maintain, use, operate or rernove the Facilities in a safe manner and in full
compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions,
regulations, ordinances and orders. Grantor shall have no obliqation. monetarv or non-monetarv.
to maintain the Easement Properiv. '
Exhibit "D1" to Contract
Page 2 of 3
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premises above described. This easement, together with the provisions of this grant,
shall constitute a covenant running with the fand for the benefit of Grantee, its successors and assigns
and the benefit of Grantor, its successors and assigns.
Witness my hand to be effective this day of , 2011.
WESTPARK GROUP, L..P., a Texas limited partnership
By: Westpark GenPar, LLC, a Texas limited liability company, its general partner
By: The Rayzor Company, a Texas corporation, its sole member
By:
Philip A. Baker, Vice President
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me' on , , 2011, by
Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, sole member of
Westpark GenPar, LLC, a Texas limited liability company, general partner of WESTPARK GROUP
L.P., a Texas limited partnership, on behalf of said corp6ration.
Notary Public, State of Texas
My commission expires:
Accepted this day of , 2011 for the City of Denton, Texas
(Resolution No. 91-073).
By:
Paul'Williamson
Manager, Real Estate and Capital Support
After recording, please return to:
City of Denton
Utilities Engineering Department
901-A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
Exhibit "D1" to Contract
Page 3 of 3
E7pi~F 9A
. .
_ rthur Surveying. Col
r~f~YO~ r,a"d surve7ors
P.O. Box 54 - Lowisville, Tcxas 75067
Office: (972) 221-9439' - Fax: (972) 221-4675
0.025 ACRE8 CZTY OF DENTON, DENTON COUNTY, TEXAS
BEYNG all fbat certain Iat, trsct or pamel of lafid situated in the Thomas Toby Survey, Abstratt
Number 1285, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A,
- Wastp4rk Addition, Pbase 2, an addition to the City of Denton, Denton Coanty, Texas, accarding '
. to the plat thweof recorded 'm Cabinet Y, Page 1169 of the P1at Recards of Dentan, County, Texas, aad baaig more pardcularly desmlW as follows; .
, BEGINNIN'G at a% inch iron rod with a! , yeilow cap stamped "AR
THUR SURV.~YIIVG . ,
_ COMP141VY" set at the most sautheast corner of,Westein Boulevard, a public roadway and bein,g
in the north line of Airport Road, aIso Imown as °F.M. 15I5, a public roadway; - 1I1ENCE North 44 degrees 42 minutes 24 setonds West, with the east liue of said Westarn
Boulevsrd, a distance of 42.43 fe,et to ainch' iroa rod with a yellow eap stamped ",,9127'HUR
SURPEhNG COMPANY" set;
THENCE North 00 degrees 17 minutes 36 seconds East, continuing with the. eRSt Iiae of said . westom Bouievara,; a aistanoe of 21.00 feet to a; point for corner, . ` , TSENCE over, aeross and through said Lo# 2 tha following two (2) calls:
; South 89 degcees 42 minutes 24 seconds East, a distance. of 30.00 feet to a point for
:corner;
South 00 degXxs 17 minutes 36 seconds WeA a distance of S 1.00.feet to 1he POINT aF •
BEGINNIlVG, and ~cmtaining 0:025 acres of land, more ar Iess. .
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30 NO'RTH 30 Feet .
BeoAny systwn batrad on the City of Danton p5 ntfwork.
I.ot 2, Block A. .
~ Westpark A,ddition, Phase 2
r j Cabinet Y, Page 169 .
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, Cftp of Denton
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enton Coun p, ex~es 22o Mm,sm~ szdro Zoo P o. soz sa
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rthur SUtVeying Co. nc. ~
Frofess.ionW La.nd S'urveya"
P.O. Box 54 ~ Levpisvillo, Texas 75067 '
Office: (9']2) 221-94351 Fax: (972) 221-4675
1.415:1ACRTS ,
CT.fY OF DENTUN, DltNTON COIINTY, TEXA,S
BFINGall fhat certain lot, tract or pancel of;land situated in tho James Pemy Survey, Crty of
Dentom, Demtoa County, Tcxas; and being a pait of Lot 2, Block A,.'W e.stpark Additian, Phasc 2,
an acidition. to the City of Denton, Denton County, Texas, accordiag. to the conveyanee plat :
there~frecorded i4 Cabinet Y, Page 169 of th~el~Plat Recrnds of Dentoa County, Texas, and being,
' moro particvlarly descn'bed as follows:
BEGTNNING at a poiat in the westcsterly linie of Westexn Boulevarrd, .a public ro$dwaq; sazd
point being in the east liae of that cgrtain tzact'of land described in deeti to Rayzor Tnvestinents,
LTD., recarded in Volume 1796, Page 601 of, the Dee~d Records o£ T)eatan County, Texas, and
being in the west liae of $aid Lot 2 fram which a'/ inch iran rod fouud at the northwest corner
thoreof beazs Naath 00 degrees 07 minutes 02 s6eonds East~ a dis4ance of 1.816 .73 feet, aud b
eing .
the beginning of a curve to the rigbrt having a raidius of 1127.50 feet;
THL'NCE the with the westerly line of said Wetten Boulevard the followtng eleven (11) ca11s;
" C.ontimuing with said cutve an arc lerlgth of 174.34 feet, having a delta angle of 08
degrees 51 aninwtes 34 seconds, wlaose chord bears South 23 degrees 14 minutes 45
`
seconds East, a disiance of 374.17 feet tb a point for corner,
South 23 degrees 41 minut,es UO secomds Eask a distance of 4734 fect to.:a pomt at beginning of a aon taagent cuive to the right having a radiivs of 1132.50 feet; -
Continuing with said curve an arc length of 241.08 feet, havin.g a delta angle of 12
degcees 11 miautes 49 seconds, whaso chord beazs South 10 degrees 19 minutes 49 ,
, seconds East~ a distance of 240:63 feet to a point for eomer;
. South Ol degree 09 miautes 15 seconds West, a distance of 288.12_feet to a point far. corne,r;
South 04 degrees 33 minutes 23 seconds East, a distance of 54.25 feet to a point for
corner;
'South 01 degree 09 minutes 15 seconds West, a distance of 450.00 feet to a point for
corner; ,
South 06 degcee.s 51 minutes 53 seconds West, a d.istance of 150.75 feet ta a. poiiit for
eorner;
40 9A
A rthur Surveying Co., -nc.
=
Frvfessiozial Zand Survcyazs
- P.O. $ox 54 - Levwisville, Texas 75067
pffice: (972) 221-943p ~ Fax: (972) 221-4675
beginning of a curve to the right having a xadius of 1417.50 feet;
Conrimiing with said` curve an arc length of 182:98 fe.et, having a deita an:glo of 07 .
degees 23 minutes 45 seconds, whose chord bears South 04 degrees 51 minutes 08
secorids West a di.stance of 182.85 feet to a point for corner,
South 08 degrees 33 minutes 00 sec4nds West, a distance of 313.12 feet to a point for
comea; _
South'7S degcees 33 minutes 35 secoods West, a distance of 41:95 -feet to a poiat in the
east Iine of said Raymr Invesmients tiact;
THENCE Idorth 00 degraes 07 minutes 02, secoads East, with the east -line of said Rayzor
- Iavestmarits tract, a distance of 31.00feet to a point £or cozner;
TSENCE the with the westeriy line of said Western Boulevard the following eleven (11.) m11s:
North 75 degrees 33 minutes 35 seebnds East, a distance of 14.30 feet to a point for ,
corner;
North 08 degrees 33 minutes 00 secoods East, a distance of 293.26 feet to a point at #he
beginaiung of a curve to the left having,a radius of 1387.50 feet; y
Continuing with said curve an arc length of 179.10 feet, having a delta angle of 0:7 •
degrees 23 minutes 45 seconds, wbdse cfiord bears North 04 degrees 51 minutes 08
seconds $ast, a distence of 178.98 febt to a poin.t for corner; ;
North Ol degree 09 minutes 15 saconds Fast, a distance of 179.42 feet to a point for
: corner;
` North 06 degrees 51 minutes 53 sec.onds F.asf, a distance of 150.75 feet to a poiat for
corner; '
North Ol degree 09 minutes 15 seconds F.ast, a distauce of 447.01 feet to a pnint for
corner.
North 04 degrees 33 minutes 23 seeonds West, a distance of 50.25 feet to a point for
corner; . ,
North 01 degree 09 minutes 15 secdmds East, a distance of 288.12 feet to a poiut at the
beginning of a non tangent curve to the Ieft having a radius of 1102.50 feet;
E Vr 9 A
rthur Surveying Co., -nc. ~f~s~ior~sX ~d S~zveyor~ -
P.O. Box 54 - Lowisville; Texas 75067.
Officc: {972) 221-9439 Fax: (972) 221-4675
degrees Ol minute 33 seconds, whbse chord bears North 10. degrees .19 minutes 03
seconds Wes~ a distance of 230.98 fed to a point for corner,
North 23 degrees 41 minutes 00 sectlnds West, a distauce of 46.71 feet to a point at the _
beginniag of a nou-tangent curve to the left having a radius of 1097.50 feet;
Continuing with said curve an arc Iength of 110.90 fedt, having a delta angle of OS
degrees 47 minutes 23 seconds, wliose chord bears North 21 degrees 38 mitiutes 41
seconds West, a distance of 110.86 feet to a point in tha east line of said Rayzor :
Investments tract
T'BZNCE North 00 degree.a 07 minutes 0.1 soconds East, with the east line of. said Ftayzor
lnvestmcnts tract a distance of 67.86 feet to the POINT OF $EGINZV'ING, sud cozatain1.415 .
acres of land, mora or Iess.
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Cabmet Y, Page 169
AAATCH LINE
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S89 42'27"E 1482.98' I
- (m-)AIRPORT ROAD ~ F. M. 1515
' 30'Easerr2ent -
~.415 AcrES A rthur Surveying Co., Inc.
James Perry Survep, Abst. No. 1040 Pmfesdonal Laad Surveyors
City o! Denton ' 972a21-9439 P=972-221-4675
Dentaa Countp, Texas ~ xao Mm svw4 surts = P.O. Box s4
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rthur Surveying Co., -nc. Fr9o►fessjonal.Laua suz-veyoxs .
P.O. Box 54 - Lov4sville, Tcxas 75067 - Offica: (972) 221-9439' - Fax: (972) 221-46'75
0.526 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING atI that xitain lo4 tract or pazcel of lond situaxed in tue Jamcs Perry Survey f Abst.ract
Number. 1040,. City of Dmtan, Denton Coun~, Texass, aad being a part of Lot 2, Block A,
Wesipark Addition, Phase 2, an additioa to tlle , ity of Deaton, Denton Cowaty, Texas, accordiag
to the conveyance plat thexeof recordsd in Caliinc3t Y, Page 169 of the Plat Rscords of Denton
Couaty, Texss, and'being more particularly descfibed as follows: '
BEGIlVNING at a point in the west line of said;Lat 2, and the ea,st line of #hat cetain tract of land
descn'bed 'm dead to Rayaor Investments Ltd., recorded in Volume 1796, Pagc 602 of the Deed
Records of Denton Couaty, Texas, said point als'o being in the east line af Western BouIevard; a _
_ public roadway, aad frrnn whicb the soutliwest, corner of said L-ot 2 bears South OQ degrees 0 . 7
miaertes 02 seconds'West, a distance of 4756.01 feet
TMNCE North 00 dcgrves 07 minutes 02 sadonds Esst, With the west line of said I,ot .2, a
distance of 21.29 fed ta a paint for corncr;
TSENCE over, timugh and aaross said Lot 2 the following eight (8) ca11s:
Soufh 27 degrees 53 minute.s 59 seconds !East a distance af 277.51 feet to a point at tha
leginniag of a curve to the right having a lcadius of 1277.50 feet;
Continuing vvith said curve an arc langth of 647.80 feet,, having a- delta augle. af 29
degrees 03 minirtes 14 seeonds, whase chord bears -South 13 degrees 22 nainutes 22
seeonds East a distance of 640.$8 feet to a point for corner, _
Sauth Ol degree 09 minutes 15 seconds WeSt, a distance of 671.25 feet to a point foi
cbrner;
South 04 degrees 33 minutes 23 seconds' East, a distanee af 150.75 feet to a point for
ccune; .
South Ol degree 09 minutes 15 seconds West a.distaace of 188.42 feet to a goint at tho
beginning of a curve to the right having a radius of 1592.50 feet;
Continuing with said curve an azc length of 205.56 feet having a delta angle of 07
degrees 23 minutes 45 secoads, whose chord bears South 44 degrees 51 minutes 08
seconds West a distance of 245.42 feet to a poiut for corner, Svuth 08 degrees 33 minutes 00 secands 1?Ves4 a distance of 161.71 feet to a paznt for
comer,
c:120081ood\280869 - jim christal dme essementtdocsllQO9127 esmtll westpark adda.aoc
$ b159A .
rthur Sur'veYing Co., C nc.
;
P.O. Box 54 - I.cv►tisvilla, Tcxas 75067
Office: (972) 221-9439; -r Fax: (972) 221-4675
South 71 dcgrees 38 minutes 40 seconds WaA a distanee of 11.21 feet to:a point in the
east Iine of said Western Boulevard;
THENCE with the east line of said Western Boulcvard the following seven (7) caIls:
North 08 degrees 33 minutcs 00 sccond,s East, a distance af 166.79 feet to a point at the
beginning of a curve to the left having azadius of 1582.50 feet;
Continuing with said curve an arc length of 204.27 feet, havuzg a delta angle of 07
degrees 23 minutes 45 seconds, whose chord bears Nosth 04 degrees 51. minutes 08
sceands Esst, a disrance of 204.13 feet to a poiat fbr corner; .
North Ol dagree 09 minutes 15 secontls East, a distance of 187.93 feet tn a point for . .
carner,
Norch 04 degrees 33 miautes 23 seconds West, s distance of 150.75 feet to a point for
corner, .
nTorth 01 degree 09 minutes 15 secands Bast, a distance of 671.74, feet to s point at tha
beginning of a curve to the Ieft having a ri+dius of 1267.50 fe,et;
Continuing with said curve an arc leagth of 642.73 feet, }zaviag a delta angle of 29
'degrees 03 minuxes 14 seconds, whose';chord besrs North 13 dcgrees 22 minutes 22
seconds West, a distance of 635.87 feet ta, a point for corner;
Narth 27 degrees 53 mmutes 59 seconds', West, a distance of 258.72 fee# to the POINT
OF BEGINNTNG, and contaming 0.526acres of Xand, more ar lcss.
.
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Exhibit "D-2"
To '
Contrac~t
EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE' A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INS7RUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS; YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, Westpark Group, L.P., whether one or more, hereinafter calfed "Grantor," for and in
consideration of the sum of ONE DOLLAR and NO'CENTS ($1A0) and other good and valuable
consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, hereinafter calied "Grantee,"
the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain,
sell and convey to the Grantee, the free and uninterrupted use, liberky and privilege of the passage in,
along, upon and across certain property, owned by Grantor and situated in penton County, Texas, in
the the James Perry Survey, Abstract 1040, and being more particularly described and iUustrated in
Exhibit "A" which is attached hereto and made a part' hereof by reference as if fully set forth herein
(the "Easement Property").
And it is further agreed that Grantee, in consideration of the benefits above set out, will have
the right to remove from the Easement Property, such fences, buildings and other obstructions as may
now be found upon said Easement Property; but only to the extent necessary to complete the
construction of the below described Facilities and maintain same thereafter; provided, however
Grantee will take reasonable efforts that are necessary to minimize interference with and removal of
any of such items. '
The easement rights granted herein are for the purpose of erecting, operating, maintaining and
servicing thereon (i) one or more underground andlor above ground electric distribution power and/or
communication lines, each consisting of a variable number of wires and cables, along with all
necessary, convenient or desirable appurtenances, atta' chments and supporting structures, including
without limitation, foundations, guy wires and guy anchbrages, and structurat components; (ii) one or
more gas pipelines, along with all necessary or desirable appurtenances, attachments and supporting
structures, including without fimitation, surface mounted equipment, conduits, cathodic protection
equipment and aerial markers; (iii) one or more potable and/or non-potabfe water, wastewater and/or
sewer pipelines, along with all necessary or desirable appurtenances, attachments and supporting
structures; and (iv) one or more thermat energy commodities pipelines, consisting of, without fimitation,
heated and/or chilled water, compressed air and/or steam pipelines and return pipelines related to such
thermal energy commodities, and all necessary, convenient, or desirable appurtenances and
supporting structures (the matters described in paragraphs (i) through (iv), above, are collectively
referred to herein as the ('"Facilities"), said Facilities to tae located in, on over, under, along, upon and
aCross said Easement Property, with the right and privilege at all times of the Grantee herein, it or its
agents, empfoyees, workmen and representatives to have ingress, egress, and regress in, along, upon
and across said Easement Property for the purpose of making additions to, improvements on and
repairs to said Facilities or any part thereof.
Exhibit "D2" to Contract
Page 1 of 3
Grantor hereby further reserves to itself, its successors and assigns, all rights in and to the
Easement Property and the right to use and enjoy the surtace and subsurface thereof for any and all
purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein
granted to Grantee. Grantor specifically reserves the' right of passage over the Easement Property.
Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR,
ITS SUCCESSORS AND ASSIGNS to use the Easement Property for the location, construction,
reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other
facilities ("Grantor Facilities") necessary or desired fbr the conduct of Grantor's development of the
Grantor's adjoining property so long as Grantor's use of such groundspace does not unreasonably
interfere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors
and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor's
reservation of its right to do so and such Grantor Facilities are reasonably expected to affect the
Faci{ities, then such Grantor Facilities shall require the written approval of the City Engineer, such
approval not to be unreasonably withheld, conditioned or delayed. If the installation of the Grantor
Facilities disturbs the Facilities (a "Grantor fnstallation Disturbance"), then upon completion o# the
installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the
same condition as existed immediately prior to the installation of the Grantor Facilities using industry
standard materials and methods; provided, howeVer, in remedying any Grantor {nstallation
Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade
the Facilities to a state or condition exceeding the c'ondition that existed immediately prior to the
installation of the Grantor Facilities, including without limitation any improvements, expansions or
upgrades to the Facilities necessary to comply with then-current applicable federal, state, municipal, or
other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements,
expansions or upgrades shafl be Grantee's responsibility and at its sole cost and expense as set forth
herein below.
The grant of easement rights hereunder is made'subject to any of the following as they relate to
the Easement Property: (i) any and all restrictions, ' covenants, easements, tenancies and other
encumbrances of whatsoever nature and (ii) all zoninglaws, regulations and ordinances of municipai
and other governmental authorities. The easement for the Easement Property as provided far herein is
made on an "AS IS" basis, and Grantee expressly' acknowledges that, in consideration of the
agreemen#s of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS
OR IMPLIED, OR ARISING BY OPERATION OF LAW.
Grantee, at its sole cost and expense, shall perform or cause to be performed all work
necessary in connection with the Facilities (the "Wolrk") in a good and workmanlike manner in
conformance with sound and acceptable engineering, practices as expeditiously as possible. In
performing the Work or causing the Work to be perFormed, Grantee shafl make adequate provisions
for the safety and convenience of Grantor, its agents, representatives, empfoyees, licensees, and
invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or
inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall
at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full
compliance with all applicable federal, state, municipaf, or other laws, statutes, codes, restrictions,
regulations, ordinances and orders. Grantor shall have no obliaation. monetarv or non-monetarv,
to maintain the Easement Propertv.
Exhibit "D2" to Contract
Page 2 of 3
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premises above described. This easeriment, together with the provisions of this grant,
shall constitute a covenant running with the land for thc benefit of Grantee, its successors and assigns
and the aenefit of Grantor, its successors and assigns. I
Witness my hand to be effective this day'; of , 2011.
WESTPARK GROUP, L.P., a Texas limited partnership
By: Westpark GenPar, LLC, a Texas limited liability company, its general partner
By: The Rayzor Company, a Texas corporation, its solE member
By:
Philip A. Baker, Vice President
THE STATE OF §
COUNTY OF
This instrument was acknowledged before me' on , , 2011, by
Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, sole member of
Westpark GenPar, LLC, a Texas limited liability company, general partner of WESTPARK GROUP
L.P., a Texas limited' partnership, on behalf of said corporation.
Notary Public, State of Texas
My commission expires:
Accepted this day of , 2011 for the City of Denton, Texas
(Resolution No. 91-073).
By:
Paul'Williamson
Manager, Real Estate and Capital Support
After recording, please return to:
City of Denton
Utilities Engineering Department
901-A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
Exhibit "132" to Contract
Page 3 of 3 ,
" •
rthur Surv-e
C
yin o., = nc.
g
,
. ~f~ssionat .~a svrveynrs
P_4. Bex 54 - I.ewisvi,lle, Texas 75067
Office: (972) 221-9439 ;Fax: (972) 221-4675 '
EXyi1OWF3A
2.102 ACXtES C1TY OF DENTON, DEN'L?ON COUNTY, TEXAS - -
BEING all that certain.lot, tract or parcel of land'situated in the James Perry Swrvey, Abstract
Number 1040, City of Denton, I2enton County, fI'exas, and being a part of Lot 2, Block A, ,
Westpark Addition,. Phase 2, an addition to the Cit~ of Dentvn, Denton County, Texas, according
to the cflnveyence plat thereof reconded in Caliinet Y, Page 169 of the Piat Records of X)enton
County, Texas, and being more particularly described as follows:
B.EGINIVYTTG at the northwest corner of ?.flt 1 of s9d Block A and being in the south line of said
- Lot 2; ;
TSENCE South 71 degrees 38 minutas 40 seconds West, ovbr, through and across said Lot 2, a
distauce of 532.30 feet to a point at the northeast °0orner of a Drainmge Easemcnt to the Gity of
Donton recorded under Instnment Number 2008-32334 of the Real Froperty Records of Denton
Coun.ty, Toms;
TSFNCE South 75 degrees 34 minutes 52 seconds West, contintung across said Ldt 2 and with. . .
the nor;harly lme of ssid Drainage Easemient, a distance of 95.24 feet to a poinf in the easCeirly
line of Westem Boulevard, a public roadway;
TSENCE North 08 degrees 33 minntes OQ seconds East, with the easterly line of said Western
Boulevard, a distance of 70.95 feet to a point for ciirner; TSENCE over, through and across said Lot 2 the following five {5} calls:
. North 71 degrees 38 ininutes 40 seconds tast, a distance of 610.22 feet to a point far
corner; '
South 88 degrees 50 minutes 24 seconds':.East, a distance of 627:10 feet to a poitit for
corne; , .
South 01 degree 06 minutes 45 seconds West, a distance of 139.61 feet to a point foz.
corner; .
North 88 degrees 53 minutes 15 seconds ! West, a distauce of 70.00 feet to a poiat for
corner;
North Ol degree 06 minutes 45 seconds ;East, a distance af 69.67 feet to a point for
coraer;
cA2008\coM080-,im christit am cascmcncrdom\1008127 psmW9vestparx addn.aoe
EXHIBIT A
20F3
I
hur Surveyi
rt ng Co. :_:nc. -
,
.Frvibssiona3 ~r.and suz~-eyoxs
,
P.O. Box 54 Lewis~+ville, Texas 75067
Office: (972) 221=9439 w Fax: (972) 221-4675 ,
THENCE North 88 degrces 50 minutes 24 seco~ds West, continuing across said Lot 2 and then
continuing with the north line of said Lot 1, a distance af 545.09 feet to ttte POM OF
BEGXNNING, and containing 2.102 acres of lsnd, mare or lass.
4/~-4he,y~~4~,i ' . .
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Page 169
f
1040 _
~p G' ryr~.y~ + . 4 = ,~qMES PE RRY SUR~tEY ABST N0. s _ .
> 708Y SRUVEY ABST N. 1285 ' w~17tR
n 7HOMAS
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. lnat. No. 2008-3233.,+ 0
1 Droinoge Eeaement $$$'49'49"E
~
~insk. No. 20U8--32334 A w
N88'4949"W 518.78' ti~ R^{~,.
.("•Utuity Eo~an-t . . , rK✓{'`'r
~ 'Q~" gC ,w ~ L6 ~ ig'
LtNE TABI.E ~ LENGTH I ry 'csty oi Denton. Texo~s ' . .
r BEARlNG ~ 98.24' ~ . . ~ ~ Yol, 1287. P9• ~
r uL1E ~ 575"3a'SZ"W 70.95 ~ -3+,'pp"E ~
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1,515 .
F. j~;
2..102 A~res ~,b~~ rro. ~04o AI~ZPDRT ROAD
Jarnes Fe~ sur'~~Y•
citp of Dentqn
- Denton CountY• Tegas
~ 2010 » i~~~ ~ep¢r vK rsT .
~ G~2ppB~USDC~B~9 .II^ W'~`.o. .
Exhibit "E"
to '
Contract
NOTICE OF CONfIDENTfALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE POLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCtAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS, § '
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Rayzor Investments, LTD., a Texas limited partnership, (the "Grantor"), of Denton
County, in consideration of the sum of Ten and N'o/100 Dollars ($10.00) and other good and
valuable consideration in hand paid by the City of Denton, Texas, a Texas home rule municipal
corporation, which is located in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201 ("Grantee") receipt of which is hereby acknowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the GranteO a temporary construction, grading and
access easement, in, along, over, upon, under and across the following described property
(the "Property"), and situated in Denton County, Texas, located in the Thomas Toby Survey,
Abstract No. 1285, the John Bacon Survey, Abstract No. 1541, and the John Scott Survey,
Rbstract No. 1222, to wit:
PROPERTY DESCRIBED AND ILLUSTRATED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the purposes of construction and grading activities, including the free and uninterrupted
use, liberty of passage, ingress, egress and regress, at all times, in, over, along, upon, under
and across the Property to Grantee herein and its agents, employees, contractors, workers and
representatives, for the purposes set forth herein.
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set aut,
may remove from the Property above described, such fences, signage, buildings and other
obstructions of any kind as may now be found upon said Property, for the purpose of
construction activities, grading activities and access in, along, upan, under and across said
Property. It is specifically stipulated by Grantor and Grantee that the scope of the access,
1
construction and grading activities shali further include the clearing and removal of vegetation
and trees that exist within the Property.
The term of this grant shall expire five hundred and forty (540) days from the date of the
"Contractor Notice to Proceed Letter", issued by the Grantee, for the Combined Heat and
Power Tri-generation Plant Project.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the day of , 2011.
,GRANTOR:
RAYZOR INVESTMENTS, LTD., a Texas limited partnership
By: The Rayzor Company, a Texas corporation, its general partner
By:
Philip A. Baker, Vice President
2
THE STATE OF TEXAS
ACKNOWLEDGMENT
§
COUNTY OF §
This instrument was acknowledged before me on , 2011,
byPhilip A. Baker, Vice President of The Rayzor Company, a Texas corporation, general
partner of Rayzor Investments, LTD., a Texas limited partnership, on behalf of said corporation.
Notary Public, in and for the State of Texas
My Commission Expires:
Accepted this day of
Texas (Resolution No. 91-103).
By:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton - Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
, 2011, for the City of Denton,
3
EO~ F 17
. •
A rthur Surveying CO.,. "'nc.
. Fi~fess~iox~al md Surveyars
P.O. Box 54 - Lewis4iIle, Texas 75067 , Office: (972) 221-9439 Fax: (972) 221-4675
50' TLMP012ARY CONSTRUrCTION EASEMENT
0.751 AeRES ,
GTTY OF DE1VTt)N, DF,N'$ON COUNTY, TEXAS
BElNG all that certasn.lot, trad ur parcel of land;situatoci in tbe Thomas Toby Survey, Abstract
Number - 1285, City of Dcnton, Denton County, Texas,-amd being apart of that certain tract of
lated doeded to Rayzor Investments, LTD. and desanibed as Section 1; Tract. 8, recorded in
Volume 1796, Page 601 of the Deed Records ',of Deatan County, Texas, and. being more
pairticulazlydescribed as follows: , . .
BEGDTNWG at a poinC ia the east line oftha# cer;tain tract of land described rn deed to Darothy
NeIt"Coak, recorded in Volume 982, Page 29 of!the Decd Records of Denton Cownty, Texas,
from which a f inch irnn rod found at the southow. comer thereof beaxs South 00 degrees Ql
minirttes 58 seconds Wftl, a distan►ce of 30.40 fect, said point beiag in the narth line of_Airport
Raad, also lmown as F.M.1515, a pubIic rdadway;
TH.ENCE North 40 clcgrees Ol minute 58 sec4nds' East, with tha east line of said Cook fract, a
distance of 50.00 feet tb a paint for corner;
TBENCE South 89 degrees 42 minutes 27 second$ East, over, aeross aad through said Rayzaz
tract a distonoe of 654:52 feet to a point inlhe west Iine of ffiatDertain tract of.land described in
deed to the City. of Denton, recorded in Volume 516, Page 648 of ihe Deed Recards of Denton
Counts►, Texas; .
T$r.NCE South QO riegrees 08 mmutes 14 ssconeis Fast, with the west lim of said Ciiy of .
Denton tract a distaaco of SOAO feet to a point for comer;
TBENCE North 89 degzees 42 minutes 27 seconds'West, ovBr, across and through said Rayzor
hwt, a distancc of 654.67 feet to the P07NT OF BEGINNING, and containing 0.751 ac=es of .
Iand, more or less. ,,nj~,
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rJolume 1796, Pa8
D;It„D.C T.
UNE TABLE
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Terr"1?orarY
0.751
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. ; . .
.~fesYsafo.aal;.7~and Suzrtreyars
~
P.O. $ox 54 Lcwisvillt, Teazss 75067
Office: (972) 221-9439 FaX: (972) 22I-4575
50' TEMPORARY CONSTRYTCTION EASEMENT
, 2.941 ACRES '
• CITY OF.DENTON, DF.NTON COUNTY, TTXAS
, BEING all tbat certain lot, tract or parcel of larid siiuated in the Thamas Toby Survey, Abstract
Number 1285 anci the Jobn Bacon Survey, Abstr$ct Number 1541, in the City of Denton, Denton -
Goumy, Texas, and bemg a part of that certain tcact of land deseribed in deed to Rayzor
Investmeats, LTD., recorded in Volunne 1796, Page 601 af the Daed Recor.ds of Dentou Caunty,
, Texas, aud being more particularly described as fbllows:
. BEGYNNIlNG at a point. in the east line of that ceaUin tract of land described im, doed to thO City
, of Denton, recorded in Volume 3I6, Page 648.6f the Deed Racords of Deatcm County, Texas, '
from whicli a'/z inoh iron rod found at the southeast oorxirr thereof bears South 00 degrees 08
; minubes 14 seconds East, a distauco af 46.00 feet being in the north line of Aup.ort Road, aTsci .
knawct as. F.lVt.1515, a puhlic rogdway; ' .
THENCE North Oa degrees 08 minutes 14 seconds West with the east line af said Ci,iy of . ,
Denton t►ut, a distaiuce of 50.00 Awt to a point fdt comer, TSF.NCE over, across and through said Rayzor Ittvestintnts tract tlse following nine (9) calls: '
Sauth 89 degrees 42 minutes 47 seconds East a distance af 46.52 feet to a point for
. corna North 23 -degrees 43 minutes 52 seconds East, a distance of 5.71 feet to a point -at the
, beguming of a non tangent curve to the right having a radius, o£ 1359.50 feet; '
, Continuing with said curve an arc IengCh of 247.81 feet, having a delta aAgle of .YO
ctegrees 26 minutes 39 seconds, whosa chord bears North OS degrees 30 minutes 06
secands East, a di.stance of 247.47 feet to gi point for comer,
'
' North 10 degrees 43 minutes 25 secands East, a distance of 333.66 feet tci a point at the beginning of a curve to the Ieft having a radius of 1040.50 feet;
Confinuing with said cutve an arc length of -174.10 feet, having a delta augle of 09
degrem 35 minutes 12 seconds; whosg chord bears North OS degrees SS minutes .49
swonds Easl~ a distance of 173.89 feet ta a point for coraer;'
North Ol degree 08 minutes 13 seconds' East, a disffince of 33.18 feet to a paint for '
,
comer,
North 40 degrees 07 mimutes 02- seconds East; a distance of 1579.37 feet to a paint for
comer,
EXIi1BiT 11
4OF1T
.
rthur Surveying Co., - nc.
- a~fessYfan.-L# z.ana surveyiors .
P.O.; Box 54 LevAsvilIc, Tcacas 75067
Office: (372) 221-9439 ,`.r Fax: (972) 221-4675. Norfli 75 degrees 33 minutes 35 seconds Fast, a d'rstance of 50.87 feet to a point for
corner; North 08 degrees 33 minutes 00 seconds East, a distanee of 209.79 feet ta a point in ttie
west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the Cit,y af.
.
Denton, Deatan Cowniy, Texss, according to the conveyyance plat thereof racord$d in
Cabinet Y, Page 169 of the Plat Records; of Denton County, Texas;
THErTCE South 00 degrees 07 minutes 02 seconds West, with ths west line of said Lot 2, a
distance of 2S 1.19 feet to a pourt for comer therebf,
T'SENCE over,.across and through said Rayzor Investments tcact the foilowing niue (9) ealis:
$otrth 75 degrees 33 mintites 35 secorids West, a distaace of°31.Q0 feet tp a poitzt for
corner; .
South UO degrees 07. minutes 02 sccon& Wes~, a distaace of 1541.14 feet to a point for
. corner, ,
South OI degtce 08 minutes 13 seconds West; a distance of. 33:62 feet to a point for
comer at the beginning of a curve to the rigbt having a rarlius of 1094.50 fest,
Coniinuing with said curve an arc length of 182.46 feet, having a delta angle o`f 09
- degrees 35 'minutes 12 ;seconds, whoso' cbord bears Sauth OS degrees 55 minutes 49
se.cAnds We&% a distance of 18225 feef to a point far cornen;
, South 10 degrecs 43 minutes 25 seconds'West, a distauce of 333.66 feet to a point at the
bogiuaing of a cutve to the left having a radius of 1309.50 feet;
Gontinuing with said curve au arc length of 238.39 feet, .having a delta angle of 10
degrees 25 minutes 49 seconds, whoso chord bears Sonth OS degrees 30 minutes 30
seconds West a distance of 238.06 feet to a poiunt for corner;
South 00 deg~rees 17 minutes 36 seconds West, a distance of 10.70 feet to a point for
corner;
South 23 degrees 43 minutes 52 seconcis' West, a distance of 48.94 feet t.o a point far
corner;
North 89 dsgrees 42 minutes 47 seconds''West; a distance of 78.97 feet to the POINT OF
. ' BECINNIlNG, and containing 2.941 acres of land, more or Iess.
• ~ ~
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Rayzor Investiments, Ltd. ~ ~ C* -T 11).
Volume 1796, Page 601 q,
D.R.D.C.T. ~I g I ( ~ „ ~r
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Valuaie 1796, Page 601 Cq- ~cv
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(V.
.50 Tempox-ary Construction Esmt. ~ AIR.~ORT .~O :1~.~ .
2.941 Acres In the . F. ~ .1515
Toha Bacon Survey, Abst. No. 1541 '
Thomas Toby .Survep, Abst. No. '1285 R uNE TAeLE
G'~ty of Denton ` uNF I BEARJNG i~nrcn-r
U I NQO'0$.74•w I PQ.OD'
Dentbn C01112ty, TBBa3 I L2 , f $8s•42'47•E i 39.47' ~
- I sz3~'S2"w i s.7r
2070- ~ ~ L4 I NQ7,08'13"E
L5 I W7513'35`E 1 30.87
rthur SurveyiL6 r~g C~., Inc. ~,~,3;~ sz~
La 1 son77'36•w ~ 16:7a' `
ASucveyots tg I s23-43'52•w 1 ss.sa•
97.7-22I-9439 - Paz972r22I-4673 1 L~ I No6ro8'14'w I 30-8o'
220BSa SYmw45%dte 2U0 - P.O. Bour S4 , O~U
L4~96Tiaxas 75067
. ~ ~ dU00l\COV~UM - .M CFrbtat DlIE Ea., , . , . grpVU08IM,.esntl W&Yta' teM rcvlsed' 'EdrO 101E5/ID10 25648 PM CDT , . . .
. . . . . , . .
, . ~ .
. ~ . ~ . . , . . . ' . : -
. EXHIBIT A
6OF17
rthur Sui-VeYing Co.,.~ nc. ,
~
Fmf~~.rvnar',.~aua surveyors
;
. P.O. Bax 54 Lewieville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
55' TEMPO1tARY CONSTRUCTION EASENENT
0.495 ACRES C1TY OF DENT(3N, DEN'TUN CUUNTY, TEXAS
BEING a1T that certaia lo4 tmcE or parcel of Iaud siiuated in the John Scott Survey, Abstra:ct
Number 1222, City of Dentan, Denton County, ;Texas, and being a part of that certain tract.of
land destxibed 'm deed to Rayzor Inves#ments, Ltd., _Section 1, Tract 7, recordcd in Volume 1796,
Page 601 of the. Deed Records of Denton ,Countyi', Texas, and being more particularly described as
follows:
SEGINNIlNG at the northwest corner of said R~ymz Tnvestments, LTD. trad and tha northesst
• corner of that crtain tract of land descn'beci in detsd to Ed Wolsld, Trustm and Virginia k'rynaau,
raeordeci in Volume 2895, Page 470 of the Deeld Racords of Denton County, Texas, said poiat
, alsa being in and near the centarlimt of Tim CIsrisW Road, a public roadway;
1"HENCE North 89 degrees 43 aunutes 31 secdads East, in and near the centerline of said Tim .
Christal Road, a distance of 389.97 fieet tA a poznt'for Corner; .
THFNCE South 04 degrees 31 minutes 20 sectiuds Eest, over, tlirough and aeross said Raywr
Investments tract, a distance of 55.15 feet to a point for corner,
THENCE South 89 degrees 43 mimutes 31 seeonds- West, continuin.g over, througli and across
said Ra.yzor Invesiments trac4 a distance of 394;67 feet to a point in the raast liti8 of said Wolski
trae-t
TIEENCE North 00 degrees 15 minutes 52 seconds East, with the east line of said Wolski tract, a
distaace of 55.00 fe,et to the POINT OF BEGINN:ING, sud contaiwing 0.495 acres of land, :more
or less.
. . :
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- rt_ZUr ug Co., ; nc. . . .
. P~►fesszo.uar!~r.ua Su~-veyors -
~ .
P.O. Box 54 .-Lcwis ville, Texas 75067 - Off ce: (972) 222-9439 Fax: (972) 221-4575
50' TEMPOItARY'CUNSTRIICTIm EASEMENT
4.128 kCRES . ,
CITY OF DENTON, DEN-TON CODNTY, TEXAS BEING. ail that cartain lot tract' or parcel of lailid situaxed in the John Scott Survey, Abstract .
, Number 1222 and the John Bacon Snrvey, Absixaat Num.ber 1541, City of Denton,, Denton
County, Texas, and being a part of that certafh tract of land described in deed to Rayzor
Investrnents, Ltd., Saction 1, Tract 7, recorded in'Volume 1796, Page 601 of the Deed R,ecords of .
Denton County, Texas, and being more particulerly described as follows: ' .
CONIlVYENCING at the northeast corner of that certsin Uact of land described in deed to Ed .
Wolsld, Truslbe and V'uginia Fryman, reeorded in Vohime 2895, Pagt 474 of the Desd Records
of Decton County, Texas, aad the northwest corner of said Rayzor 1'nves4ments lxact; same point
slso being in and near ifia centerline of J'im Christat Road, a public roaa.clway;
T~".NCE South_ 00 degrees 15 minutes 52 seconils West, with the east line af sa.id Wolski. tract
a distance of 85.00, feet to a poiat for carner; .
- THF.NCE..North 89 degrees 43 minutes 31 secoads East, over, through and across said FCayzor
" Imiestments tact a distance of 316.86 feet to the 1'',O]NT OF BEG]N1V'IN'G;
THENCE coatinuiag over, through and across_ said Rayzc>r Investmeuts tract thc following
fourreea (la) caus: .
North 89 degrees 43 mmutes 31 seconds East, a distance of 50.14 feet to a point for
corner; ,
South 04 degrees 31 miautes 20 seconds; F.,ast a distance of 340.94 feet to a pouit for
comer;
North 85 degtees 28 minutes 40 seconds: F•ast, a distance of 371.18 feet to a ppint for
corner; -
North 04 degrees 31 minutes 20 seeonds ' West, a distance of 148.90 feet to a point for
corner; .
North 40 degrees 28 minutes 40 seconds Last, a distance of. 190.12 feet to a point far
comer,
North 89 degrees 43 minutes 31 seconds'Past, a distance of 552.23 feet to a point,for
. corner;
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A rthur Surveying Co., -nc.
.Professional Land Surveyors. .
P.O. Box 54'-- Lewisvilic, Texas 75067 :
Officc: (972) 22I-9439 Fax: (972) 221-4675
3outh Ol degree 09 minutes 14 secondt West, a distance of 309.75 feet to a point for
. corner;
South 04 degrees 33 minutes 24 seconds East, a distance of 201.00 feet to a poznt for
corner; .
South Ol degree 09 minutes 14 secandsl West, a distan.ce of 78.65: feet t4 a point af the
begianing of ctuve to the left having a raEiius of 1297.50 feet;
Continuing with said cmve an arc length of 657.94 feet, having a delta augle of 29
degrees 03 minutes 14 seconds, whose' chord bears South 13 degrees 22 minutes 23
seconds East~ a distance of 650.91 feet tw a point for corner;
South 27 degrees 53 minutes 59 ser.onds East, a distance of 392.07 feet to a poiat for
corner;
South 22 degrees 11 minutes 2 1 seconds EaA a distance of 50.25 feet to a. point foz'
cozner, - '
South 27 dcgrees 53 minutes 59 seconds, East a distance of 161.24 feet to a point at the
lieginuing of curve to the right having a#adius of 1097.50 feet -
Continuing with said curve an. asc lengt~ af 64.37 feet, having a delta angle, of 03 d.egrees
21 mintrtes 37 seconds, whose chord beals South 26 degrees 13 minutes 12 seconds Rast~
a distaaca of 64.36 feet to a poiat in the vvest liae of Lot 2, Black A, W'esipark Addition,
Fhase 2, an addition ta the City of DelLtmn, Denton Couaty, Texas, aacording to the
conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton
County, Texxas; .
T'HENCE South 04 degrees 07 minutes 02 seconds West, with tlie west line of said Lot 2, . a
distance of 133.67, feet to a goint for corrter;
THENCE over, thrnugh and across said Rayzflr Investments tract the following fowrteen (14)
cslls: - North 23 degrees 41 minutes 00 seconds West, a distance of 13.70 feet to a point at the
begianing ofa aon tang6nt curve to the 1e#t.having a radius of 1047.50 feet;
Continuing with said curve an arc length of 169.41 feet, having a delta angle of 09
degrees 16 nninutes 00 seconds, whose chord bears North 23 degrees 16 nainutes 00
seconds West, a distauce of 169.23 feet fio a point for comer;
North 27 degrees 53 minubes 59 seconds, West, a disimce of 163.74 feet to a point for
corner; - , .
c:120084cod1280869 - jim c2uistal dme as=eatWocsll008 127 esAt7 rayzor temp.doc
.
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oFIi i
rthur SurVeying Co., -nc.
A F.rnfessivnaY xland Surveyors
• P.O. Box 54 - LcwisVille, Texa.s 75467.
dffxce: (972) 221=9439 Fax: (972) 221-4675
- Nprth 22 degrees 11 minutes 21 seconds'', West, a.distance of 50.25' feet. to a point for
corner;
North 27 degrees 53 minutes 59 seconds 'VVest, a distance of 389.58 feet tQ a point at the
beginaing of a curve to the right having atadius of 1347.50 fe,et
Continuing vvith said curve an a=c 1ength of 683.30 feet, having:;a delta angle af. 29
degrees 03 minutes 14 seconds, whose Oord bears North 13 degrees 22 min:utes 23:
seconds West, a distance of 676.00 feet to point for cornar;
~ North Ol degree 49 minutes 14 secamds East; a ciistance of 76.15 feet tQ a paint far
cornWI
North 04 degrees 33 minutes 24 seconds ;'Wosk a.distance of 201.00 feet to a pc+int for :
corner; - '
Narth Ol degree `09 minubes 14 seconds gast a distance of 260.99 feet to a point f0r ,
coxner;
South 89 depaes 43 minutes 31 seconds West, a distance of 478.05 feet to a point for
cornei; '
South 40 degcees 28 minutes 40 secands West, a dasiance of 146.49, feet to a poiut for
coriner; Sou#h 04 degrees 31 minutes 20 seconds East, a distance of 178.19 feet to a poant for .
corner; _
SoudL $5 degtees 28 minirtes 40 seconds West, a distance of 471.18 feet to a point for_
comer,
North 04 degees 31 minutes 20 seconds West, a distauce of 394.66 feet to the POTNT
OF BEGINNING, sud contaiaing 4.128 acres of land, moze or less. '
i
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10:OF 17
- ; NORTH
$ ! 300 0 300 Feet
f;"d .4 Jbhn D. Davis f
(+A. O.•~u 3y" ~~y (~j~s'~{J~QN ~70], 111$, Pg. 1Q.j} Beoring aysfam bosad on the City of Danton q5 netwotk:
t✓
Has4s•23•w EASBAWr - M495. Ac~es
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~ EASEMENT' - 4r128 ACRCS.
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p , 1'1'RC+t 7 4 ~ L
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ct I,osrso• s._~-r I as~,'ar i s~+~i2•e i so.~sl
~ 0' 9 4 09'4(N7' I_N23'16'00'W I 764.23'
Temporar-y Coristruction Esm t.
Joha. Scott Survey, Abst. No. 1222
John Bacon Survey, Abst. No. 1541
Citp of Denton
B
Den~ton Count Texas
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rthur urveYing Co., Inc..
Professional Land Surveyors
-201o y~
`C; 1WW\mVmmW -+m arrw.pc c. .,ro\wmsr~-n Reyer e.ro.w' 10R5/2mo mxk,oe pN mT
972-221 9439 M Fxr 9~"'Z 222-d695
220Stat 5uea; Suite 200 P.O. Bajr 54, -
Lewiavill4, Taxas 75067
,
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rthur Surveying Co., -nc:
Pzrifiessionar ~a smrveyors
P.O. Box 54 Lcwisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
TEMPORARY CONSTRUCTION EASENIENT
'0.137 AI+CRES _
' CITY OF DFNTON, DENTON COUNTY, TEXAS
BEING all that cexisin lot, bract or parcel of land situated in the J. Bacon Swrvey, .A.bstract
' Number 1541, Ciiy of Dentam, Denton Counfiy, Ifexas, and being a part of that certai,n iract of
land described in doed to Rayzflr Inveshnents, X,TD., Section 1, Tract 7, racorded in Volume -
1796, Page 601 of the Deed Recflrds of Dentdn Cuunty, Texas, an.d being more particularly
desanfied'as follows:
COMIVVIENC1NG.at the nortfiwest corner of'WesCpark Addition, Pbase 2, an addition to the City ,
of Dentan, Denton County, Texa$, accoriiing to jbe conveyance plat thereof recozded in Cabinet
Y. Page 169 of the Plat Records of Denton Coutiiy, Texas, from whicli the nai~theast corner of :
said Rayzor Inveslmonts tract beFUS North 00 degrees Ol minute ab seconds East, a clistance'af' 29.97 feet being in and near the approximate centerline of Jim Christal Road, a public road.way;
TEU11TCE Sou#h 40 degrees 0 1 minute 06 secoads West, with the west line of said Westpark '
Addition, Phase 2, a distance of 45.00 feet to a pourt for corner;
T13ENCE South 89 =degrees 43 minutes 30 secoads WeA over, through and across said Rayzor
Investmeats truct, a distauce of 13 8.56 feet tA the MI1VT OF BEGINNTNG;.
THENCE South 00 degrees 16 binutes 30 secbnds East, continuing over, throngh ancl aeross .
said Rayzor Investments trac4 a distanca of 80.00 feet to a point for corner; :
,
THENCE South 89 degrees 43 minutes 30 seconc3s West~ continuing over, through and across
said Rayzor Investmeats tract, a distance of 90.31 feet to a point in the east line of Western
Boulevard, a public madway; TIEENCE North 01 degree 09 minutes 14 secbnds East, with the east line of said Westera
Boulevard, a distance of 50.02 feet to a point for wrner thereof,
THENCE Noirth 89 degrees 43 miuutes 30 seconcls East, over, through and across said Rayzor
InvesGments huct a distance of 39.05 feet to a pomt for ccmer;
TSENCE North 06 degrees 16 minutes 30 seconds West, continuing over, through, and across
said Rayzor Investments tract, a distance of 30.00 feet .
THENCE North 89 degrees 43 minubes 30 seconds East, continuing over, through and across
said Rayzor Investments tra4 a distaace of 50.00 feet to the POINT OF BEGINNING, and
containin$ 0.137 aeres of land, more or less.
nr.
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~W1B~T A
~ 120 17
LtNE TABLE . ~ ~
- - - - - - - ! ' j LfNE I BEARlNG I LENGTH
. ~ Lf I N00107'66"E I 29.97' ~
N ORTH L2 + SAD'32'00"W I 23.25' I
5Q 0 50 Feet
Bauinp syotem baud on ths Clty of Denton qS nitwork. ,
~
~
~ Dianne Dgvis Atkinson, Jack D. Atkinson,
Wallace B. Davis, Jr. and Mary V. Davis
(VoL 612, Pg. 430)
N89 23'31"E
'I JE.0O'
518"0,F. BEARS ,
JIM C.f~.1RISTAL ROAD Z N8923'31•E 6.49'
ry~
~*y
NOU*IE'3O~W
ip .
N8923'31"E
1675.35'..
\R.0.W. DEWCA110N
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(CA9. Y. P(i. 169)
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. N89 43 30 E
°o
N$9'43'30"E 50.00' PROPOSED 20' D.M.E. EASEMENT
~
39.06
' S8$43'30°W 138.56'- ~ W
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S89 43'30"W '
.90.31,
Section 1, Tract;7
~ Rayzor Investments,; T,TD.
~ (VaL 1796, Pg. 601)
Temporary Construction Easement
0.137 Aares in the ;
J. Bacon Survep, Abst. No. 1541
Citp of 'Denton
Denton County, Tegas
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rbur Surveying Co., -nc.
.ProfessionaX Laad Surveyors
972-221 9439 ~ Fax 972,221-4675
` 220 .srm sWw4 s,ute zoo - P. o. aoX sa
~ . - 2oto = ; r.ewssv0a zexss 75067
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A rthur Suryleying Co., -nc. F'saafr-zoaai Laad Surve,yor.s
- P.O. Box 54 I,eMsville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675 .
50' TEMPORARY CONSTRUCTION EASENEENT
1.636 AGRES
CITY OF DENTON, DE~i1TON COITNTY, TEXAS. .
BEYNG all that ceriain lot, tract or paz'cel of land situated in the John Scott Survey, Abstract
Number 1222 and the John Bacon Survey, Abstraot Number 1541, Gity.of Denban, Dentan:
Couaty, Texas, and being a part af that cert4in tract of land described in deed to Rayxor
Invesiments,.LTD., Section l, T7act 7, recorded;~n Volume 1796, Fa.ge 601 of the Deed Recards
of Denton Couaty, Texas, and being mort particularly descnbed as follows:
BEGRNIVING at a point in the east line of said R.ayzor Investinents tract aad the west line af Lot
• 2, Block A, Westpark Addition,. Phase 2, an addition to the City of Dentan, Deaton Couxiity,
, Tearas, according to the coirveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat .
Records a£Dentoia Covnty, Texas and from which tha southwest eorner of said Lot 2 bears 5outh
00 degrees 07 minutes 02 seconds West, 4 dishanoe of 4777.30 feet;
Tf WNCE over, ibrough and amss said Rayzor %vestmearts tract the follawing elevan (11) calis:
North 27 degrees 53 minutes 56 seconds'We4 a distaace of 274.33 feet to a poiat at the
bcginning of a curve to the right having a radius of 1122.50 feet;
Continuing with said curve an arc length of 569.20 feet, having a deIta angle of 29
degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 23
. seconds West; a distance of 563.12 feet to a point for corner;
Nordi 02 degree 09 minutes 14 seconds', East, a dis(mce of 124.65 feet to a point for
corner; `
North 06 dagices 51 minutes 52 seconds East, a distance of 201.00 feet to a point far
comer;
North Ol degree 09 minutes 14 seconds'Fast, a distance of 314.73 feet to a point for
corner; North 89 degcees 43 minutes 30 seconii$ East, a distan.ce of 50.02 feet to a point for
comer;
South Ol degree 09 minutes 14 seconds West, a distance of 318.47 feet to a point for
coitier;
South 06 degcees 51 minutes 52 seconds ' West, a distance of 201.00 feet to a, poiza.t for
coraer;
c:'40081cod1280869 - jira chrisWdme easemeAtldocs11008I27 amt10 rayaor temp.dOc
' ~a~+oF ii
rthur Surv, eYing Co., - nc.
~
. .PXo►r&.,.>.jo.ua,t ir..aaa surveyors .
P.O. Box 54 - L.ewisr+illG, Texas 75067
Office: (972) 221-9439 ~ Fax: (972) 221-4675
Sauth 01 degree 09 minutes 14 seconds {West, a distance of 122.15 feet to.a point at the.
heginning of a curve to flie left having a ftdius of 1072.50 feet;
. Continwing with said cuive an arc leno of 543.85 feet, having a delta angle of 29
degrees 03 minutes 14 seconds, whosei'chord bears South 13 degrees 22 m.iautes 23
seconds East, a distance of 538.04 feet to a point for carnor,
South 27 degrees 53 minutes 56 seconds: Eas% a distance o:f 18036 feet to a poin# in the
west line of said lot 2;
THENCL South 00 degtees 07 minutes' 02 sectmds Wost, with the west Iine of said Lot 2, a
distance of 146.45 i"eet to the PDINT OF BEdINNING, and containing 1.636 acres af land,
more or less.
~ It
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Job.n Scatt S~ep. Abst. N°• 25 _ ~
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John City of Denton
Tegas
Co'~ty'
D631tOII _ 2010 - .
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220 sODA sul`° 75067
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~~;IJIA,eu _ a"'
: 160F 17
' .
rthur Surveying Co., -nc.
Frofe.ssiona3 Zand Surveyv.zs
P.O. Box 54 Lewisvilla, Texas 75067 .
Officc: (972) 22I-9439 w Fax: (972) 221-4675
EXHIBIT A
50' TEMFQRARY CONStRIICTION EASEMENT
0.015 AiCRES
CYTY OF DENTON, DENTON COUNTY, TEXAS
BF.ING $ll fhat certain lot, tract or parcel of laic►d situated i,n tha John. Scott Survey, Abstract
Number :1222, Ci#y of Denton, Dentcra County, Texas, and being a part of that certa3n tca0t of
laad described in deed to Rayzor Investmants, LTD., Section 1, Tract 7, recorded .in Volume
1796, Fage 601 of the Deed Recorcis of Dentoi Count;y,. Texas, arid being more particulazly
described 'as follows; '
COMMENC7NG at a point in the sotrth Iina ofthat certain tract of land described in 'deed to John D. Davis, recorded in VolUme. 1 11.5, Pap.,141 of the Deed Reco;ds of Denton County,
T'exas, being ia aad near the approximate centerlime of Jim Christal Road and 4n the west line of
Westera Boulevard, a public raadway and from w hich a PK Nail found at the southwest corner of
said Davis tract besrs South 89 degraes _.43 minute~ 31 secoads Wcst, a distaace :of 2336.65 feet;
THENCE South 1 U dagrees 19' minutes 28 secoIIds West, vvith west lina of said Westarn .
Boulevsrd; a distsnce of 27.72 fea to a% iach iran rod with a yellow cap s'tamped. "ARTI3ZTR
SiJRYEYING COMPANY" found for corner;
TSENCE: South 40 degrem 33 minutes 19 seconds East, continuing with the west Iine of said
Wesfigqn Botilevard, a distancs of 49.48 feet a point' for corner;
TSENCE "over, tbrough and across said Rayzor 7nvestinents traot #hib foilowing five (5) calls:
South 89 degrees 43 minutes 31 seconds West, a distance of 39.32 feet to the POINT OF
BEGIlVNING;
Sauh 40 degrees 33 mmtrte.s 19 seconds ',East, a distamce of 13.11 faet to a paint for
cmer, •
South 89 degrees 43 minutes 31 seconds West, a distance of 65.54 feet to a point for
corner; ; Narth 40 degees 33 minutes 19 seconds West, a distance of 13.11 feet to . a point for
corner;
North 89 degrees 43 minutes 31 seconds Eask a distance of 63.54 feet to the POINT OF
BEGINNIING, and containing 0.015 acres of land, more or Iess.
E£XHIB{T A
~ 17 QF 17
UNE I aenRiNC I.LEnrcna 1
L9 I 54pi33't9'E f 14_tt' . ~
n~oA-rH , ~ , N~.~~.,9.w ,
' 300 0 300 Feet ~
~
8aatinq systam bossd m, the qty of Denton dS netwark. John D. D1viS
~t (Val. 1115, Pg. 141)
P.0.16.
S89'43'31 "W . 2336.65" ~
aPx x~ FNA _M . 3
«1 N h
rn ~
r r:
JI.M CHRIS'T.AL RDAD ' ° ",/'27MJf
50' 7EMP~RARY ~n 6p
CONSTRUCTtON ESMT. V . Ir•
, 0.015 ACRES
` M8J 43'31 "E 65:54' S89 43's1 "w
PRQP058D 20' D.M:E EASEMfNT~ 39.32'
S69 43'31 "W-' 65.54'
'AROPOSED` 30' E/SEMENT & RIGHT OF-WAY
~
. l+.~
~ jzQ
- ~
~ Section 1, Tiact 7
Rayzor Investments, Ltd.. ~
(VoL 1796, Pg. 601)
Co
. ~ . ' ~ ~ a t'\ ~
i~
- j.j~
~ g
~f~`:`._:'iI ~ '
• - ' ~
50' Terrzporary Constructia;n ~asement-
0.016 A c r es i n rthur Surveying Co., -I1C. I
t e .
~ John Scott Survep, Abst. No. 1222 , Professzonal Land SurYeyors
Cfty of DG'IItOII 977-221 9439 - F'ax 972 221-4673
Denton Courxty, Texas zwsm saws satft a.oo - p o. sar sa
- 2010 - Lewlsvrlle„ T=as 75067
c\w m\e o o\"0w -,r. wrM ax c..n.nr, rc...m: ftyu. wNP.r.y 11/yamo xi7.30 m c§ i[
,
_ . ~
, „ . ~ r~r
I
Exhibit "E1"
to
Contract
NOTICE OF CONFIDENTIALfTY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE !T IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRAp{NG AND ACCESS EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Westpark Group, L.P., a Texas limited partnership (the "Grantor"), of Denton County, in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuabfe
consideration in hand paid by the City of Denton, Texas, a Texas home rule municipai
corporation, which is located in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201 ("Grantee") receipt of which is hereby acknowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the Grantee a temporary construction, grading and
access easement, in, along, over, upon, under and across the following described property
(the "Properly"), and situated in Denton County, Tcxas, located in the Thomas Toby Survey,
Abstract No. 1285, and the James Perry Survey, Abstract No. 1040, to wit:
PROPERTY DESCRfBED AND ILLUSTRATED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the purpases of construction and grading activities, including the free and uninterrupted
use, liberty of passage, ingress, egress and regress, at all times, in, over, along, upon, under
and across the Property to Grantee herein and its agents, employees, contractors, workers and
representatives, for the purposes set forth herein.
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out,
may remove from the Property above described, such fences, signage, buildings and other
obstructions of any kind as may now be found upon said Property, for the purpose of
construction activities, grading activities and access in, along, upon, under and across said
Property. It 9s specifically stipulated by Grantor and Grantee that the scope of the access,
construction and grading activities sha11 further include the clearing and removal of vegetation
1
and trees that exist within the Property. '
The term of this grant shall expire five hundredand forty (540) days from the date of the
"Contraetor Notice to Proceed Letter", issued by the Grantee, for the Combined Heat and
Power Tri-generation Plant Project.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described. '
1Nitness my hand, this the day of , 2011.
GRANTOR:
WESTPARK GROUP, L.P., a Texas limited partnership
By: Westpark GenPar, LLC, a Texas limited liability company, its general partner
By: The Rayzor Company, a Texas corporation, its sole member
By:
Philip A. Baker, Vice President '
Date: , 2011
2
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on , 2011,
by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, sofe member
of Westpark GenPar, LLC, a limited liability company, general partner of Westpark Group, L.P.,
a Texas limited partnership, on behalf of said corporation.
Notary Public, in and for the State of Texas
My Commission Expires:
Accepted this day of , 2011, for the City of Denton,
Texas (Resolution No. 91-103).
By:
Paul Williamson '
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton - Engineering Department
901-A Texas Street '
Denton, Texas 76209
Attn: Paul Williamson '
3
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rthur Surveying CO., -.nc.
.i~r~.fessYOaa1 r,~ra su~veyars
P.O. Box 54 - Lewiiville, Tcxas 75067
Offce: (972) 221-9439 Fax: (972) 22I-4675
•
' TEMPUYtARY CONSUUCTION EASEMENT
4.115 ACRES
CITY 4F DENTON, DEr4TpN COUNTY, TEXAS
BEING all that certain lot~ tract or parcel of land situated in the Thomas Toby Survey, Abstract
Number 1285, City of Denton, Deaon County, Texas, and being a gart of Lot 2, Block A,
Westparlc Addition, Phase 2, an addition to the City of Denrton, Denton Cowrty, Texas, accoxding
tio the plat thereof recorded in Cabinet Y,. 'Page 1$9 of the Plat Records of Denton County, Texas,
and being more particularly descnbed as follows:
BEGTNN7NG at a'/ inch iran rod with ayellow cap stamped "ART',~Tft SURyEYVNG
GOMPANY" set at the most southeast corner of Western Boulevard, a public roadway and being
in the narth line of AiQpart Road, also Im.owa as FM. 1515, a public roadway;
'1'SENCE over, across and tbrough said Lot 2 the;fo2lowiug three (3) calls:
North 00 degrees 17 nainubes 36 seconds East, a distance of 100.40 feet to a paint itn the
" north line of a 100 foot wide easement ty'►' T.P.&L. Company, recmrded in Volume 911,
Page 894 of the Deed Records of Denton C:ounty, Texas;
South 89 degrees 42 miuutes 24 seconds rask with the narth lina of said 100 faot wide
easement, a distanee of 50.00 feet to a point for corner; . Sauth 00 degraes 17 minutes 36 seconds West, a distance of 300.00 feet to a p0int in the
north line of said Airport ltoad;
TFWCE North 89 degrees 42 mintrtes 04 seconds West~ a diAance af 50.00 feet to the POINT
OR BEGINUI111NG, and contaming 0.115 acnes of lawd, more or less.
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Citp Of D@IItOIl 972_221-9439 F&V972-az1-4675
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501 TEMPORARY CONSTRUCTION FASEMENT
2.085 ACRES
CITY OF~DENTON, DF*TON cOIINTY, TEXAS
BE]NG all that ceitain Iot, tract or parcel of Und siwated in the 7ames Perry Survey, City of
. Denton, Denton Couafy, Texas, and being a part af Lot 2, Block A, Westpark Addition, Phase 2,
an addition to the City of Deaton, Denton Caunty, Texas, according to the conveyance plat
thereof racorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being
more particularly descnbed as follows: .
BEGIl11NIlVG at a point in the westesteriy linei of Western Boulevard, a public roadvvay, said point being in the east Iine of that certain tract pf land described in deed to Rayzor Investments,
LTD., recorded in Volume 1796, Page 601 of T-6 Deed Records of D.enrton County, Texas, and
being in the west line of said Lot 2 fimn whicli a % inch isou rod faund at the northwest oorner
thereof bears North 00 degrees 07 minutes 02 spconds East a distance of 1884,59 feet, and being
the begianing of a curve to the right ha.ving a radius of 1097.50 feet;
THEENCE over, through and across said Lot 2 the following eleven (11) calls:
Comtinuing with said ccuve an arc length af 110.90 feet, having a delta angle of OS
degrees 47 minutes 23 seconds, whose 'chord bears South 21 degrees 38. minutes 41
seconds East, a distance of 110.86 faet to a point for corner,
South 23 degrees 41 mfnutes 00 seconds East, a distance of 46.71 feet to a point at the
beginning of a nfln-tangent curve to the right having a rad.ius of 1102.50 feet;
Continuing with said curve an arc lengCh of 231.41 feet, ha.ving a delta angle of 1:2
dagrees 01 minutes 33 seconds, whose chord beazs South 10 degrees 19 minutes 03
seconds East, a distarice of 230.98 feet ta, a point for corner;
South OZ degree 09 minutes 15 seconds West, a distance of 288.12 feet to a point far
cornea;
South 04 degrees 33 minutes 23 seconcls East, a distaaca of 50.25 feet to a point for
corner; ' '
South 01 degree 49 minutes 15 seconds West, a distance of 447.01 feet to a point fnr
comes;
South Ob degrees 51 minutes 53 seconds West, a distance of 150.75 feet to a point for
corner;
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E7p'HIBIT A . .
OF 12
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~ rthur S irveying C a., ~ nc.
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' ~`17DfPqa'(012RC~; .La,12d .S`u2'YGyoXs
, P.O. Box 54 -Lewiiville, Texas 75067
Offica: (972) 221-9439 7 Fax (972) 221-4675
~
South 01 degree 09 mintties 15 secands''W'est, a distance of 179.42 feet to a paint at the
beginning of a curve to the right having i radius of 1387.50 feet;
Continuing with said curve an azc length of 179.10 feet, having a delta angle of 07
degrees 23 minutes 45 seconcis, whose chord bears South 04 degrees 51 minutes 0$
seconds Wes't~ a distance of 178.98 feet rp a point for corner; .
South 08 degree.s 33 aiinutes UO seconds Wesk a distanee of 293.26 feet to a point for :
comer,
South 75 degrees 33 minutes 35 seconds West, a distance o:f I430 feet to a goint in the .
east line of said Rayzor Invesiments trac4
TBENCE North 00 degnees 07 minutes 02 sodonds East, with the east line of said Rayzor
Investments tract, a distaace a€251.19 feet to a pqurt for corner;
. 1`RENCE over, thrangh and aaross said Lot 2 the, followmg nine (9) ca1ls:
North 08 degrees 33 minutes 00 seconds', East, a distance of 50.37 feet to a point at tbe
- lxginning of a curve to the teft tiaviag at-adius of 1337.50 feet;
Continuing with said curve an arc length of 172.65 feet, having a delta angle of 07
degrees 23 minutes 45 seconds, whose; chord beazs North 04 degrees 51 minutes 08 ~
seconds Fast, a dastance of 172.53 feet to; a point for coraer,. _
North 01 degrce 09 minutes 15 seconds'East, a distance of 181.92 feet to a point for
corner;
North 06 degrees 51 minutes 53 seconds East, a distance of 150.75 feet to a po3nt for
coiner; _
North 01 degree 09 minutes 15 sewnds Eask a. distance of 442.02 fest to a poin# for
corner;
Nbrth 04 degrees 33 minuties 23 seconds West, a distance of 50,25 feet to a point for
corner;
North Ol degree 09 minutes IS seconds;Bast, a distance of 28$:20 feet to a point at the
beginniug of a non-tangent curve _to the left havi.ng a radius of 1052.50 feet;
Continuing with said cu=ve an arc length of 215.38 feet, having a delta, angle of 1"
degrees 43 minutie 29 seconds, whose cliord beazs North 10 degrees 17 minutes 4:
seconds West a distance of 215.00 feet to a point for coraer;
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EXHIBIT A
SOF 12
rthu:r Surveying Co., ~ ~:c. professio"at ;F,and surveyors
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 ~ Fax: (972) 221-4675
North 23 degrees 42 minutes UO seconds' West, a. distance of 31.195 feet to a point in tha
east Iine of said Raywr Investnnents tracfi
THENCE North 00 degrees 07 minutes 02 seconds Easst„ with the east Iine of said Rayzor
Investments tract, a distance of 133.67 feet to 6e POYNT OF BEGINNING, aad containing
2.0$5 acm of land, more or Iess.
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, Citg of Denton
Denton Countp, Texas
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Pearao'.innat JC.a~ad Sux^Veyors
P.O. Box 54 - Lewaisville, Texas 75067
Office: (972) 221-9439 , Fax: (972) 221-4675
501- TEMPORAYtY CUNMUCTION EASEMENT
2.701~CRES
CITY OF DENTON, DENT'ON COUNTY, TEKAS
i'BEING atl that certain iot, 3ract or parcel of 1ocL situated in the James Perry 3urvey, Abstract
Number 1040, City af Denton,: Denton County, Texas, and being a part af Lot 2, Block :A.,
Westpazlc Addition, Phase 2, an addrtion to the G,ity of Denton, Denton County, Texas, according
to the coaveyance plat thereof recorded in Cabiziet Y, Page 169 of the Plat Records af Dentan
Gounty, Texas, aud being more particula=ly described as follows:
' BEGINIiING at a point in the West line of said Lot 2, and the east line of tlaat cetain ixa.ct of Iand :
descxibed in deed to Rayzar Iave.stments Ltd:, recorded in Volume 1796, Page 601 of tha Deed
Recards af Denton Cotmiy, Texas, finm which the sotrthwest corner of sa.id Lbt 2 bears South 00%
degreas 07 minutes 02 seconds'West, a distance Qf 4777.30 feet;
THENCE North 00 degrees 07 miautes 42 seoonds Bast, with the west Iine of said Lot 2, a
distaace of 106.44 feet to a ponit for corner;
T'HENCE over, throu$h and across said Lot 2 tho'followirig fifteen (15) calls:
Sputh 27 degrees 53 minutes 59 secands Fast, a distance of.371.4.8 feet.to:a point at the-
beginning of a curve to tha right having aradius of 1327.50 fEet; ~
Continuing with said curvc an arc IenA of 673.16 feet, having a delta angIe of 29
degees 03 minntes 15 seconds,. whose`ehord bears South, 13 degrees 22 minutes 22
seconds East, a d'zstance of 665.97 feet to :a pourt for corner,
South 01 degree 09 minutes 15 seconds_ West, a distance of 668.75 feet to a point for
comer,
South 04 degrees 33 minutes 23 seconds East, a distance o£ 150.75 feet to a poinfi for
corner;
South OI degree 09 minutes 15 seconds West, a distance of 190.92 feet ta a point at the
beginning of a curve to the right having a iraGdius of 1642,54 fee~
Continuing with said curve an azc length of 212.02 feet, having a delta angle of 07
degrees 23 minutes 45 seconds, whose cktord bears South 04 degrees 51 zninutes 0$
seoonds West; a distancs of 211.87 feet to ia',point for comer;
E~CHIBiT A
~iOF12
rthur Sur' veYing Co. ~ nc. a
ProfessionaEl l,~ea surveyox s P.O. Box.54 -r LevuisviIle, Texas 75067
Qff'ice: (912) 221-9439:' - Fax: (972) 221-4675 .
South 71 degrees 38 minutes 40 seconds West, a distance of 56,07 feet to a.point for
comer;
North 08 degrees 33 minutes 00 seconds East a distance of 161.71 feet to a point at the
begianing of a cwve to the ieft having a;;radius of 1392.50 feet; ' •
Continuing with said curve an arc length of 205.56 feet, having a delta angle nf 07
degrees 23 xninirttes 45 seconds, whose cliord bsars North 04 degrees 51 minufes 08.
seconds East, a distance of 205.42 feet tb a point for corner;
North Ol degree 09 minutes 15 seconds East, a distance of 188.42 feet to a.point for
• corner;
" North 04 degrees 33 minutes 23 seconds West, a clishance of 150.75 feet to a point for
corner;
North Ol degrae 09 minirtes 15_ seconds, East, a distance of 671.25 feet to a point at the
beginning of a curve to the left ha.~ving a iadius of 1277.50 feet;
Continuing avith said curve an arc length of 647.80 feet, hav'vng a delta angle of 29
degrees 03 minutes 14 seconds, whosel chord bears NortYz 13 degrees 22 minutes 22
secoads West a distaace of 640.88 feet to a goint for corner;
North 27 degcees 53 minubes 59 seconds West, a distance of 277.51 feet to the PUINT
OF BEGINNIlNG, aad containing 2.701 acres of Iand, more or less.
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Office: (972) 221-9439+ ~ Fax: (972) 2214,675
50' TEMpORA1tY CONSTRUCTION EASEMENT
1.633ACRES
C1TY OF DENTON, DENTUN COUNT'Y, TEXAS
BEIP[G ail tha# catain lflt, tract or parcel of Iand situated in the 7aines Perry Survey, Absira.ct
Number 1040, Giiy of nenton, Denton Caun% Texas, and being a part af Lot 2, Bloak A,
Westpark'Addition, Phase 2, an addition to the City of Denton, Denton Caunty, Texas, according
to the conveyance plat thereof recorded in Cab~iaet Y, Page 169 of the Pla.t Reeords of Denton
County, Texas,.and being more parkiciilarrly desckibed as.foilows:
•
CO1VIIViENCIlNG at the northwest corner of Lok1 of said BIock A and being in the south line of
said Lot 2; TBENCE South 71 degree.s 38 minutes 40 seconds West, over, #hrough and aezoss said Lot 2, a,
distanrs of 53230 feet to a poiut at the northeaig corner of a Drainage Easement to the City of
Denton recorded under Instrument Number 20W-32334 of the Rea1 Praperty Racords of Uen.ton,
County, Texas; TSENCE South 75 degrees 34 minutes:52 seconds West, coutinniug across said Lot 2 and with
tite northerly line of said Ihainage Easement, ai tiistaace of 98.24 feet to a poin# in. the easterly_
line of Western Boulevard, a public roadway;
TiiE,NCE Nortta 08 degrees 33 minutes 00 seconds East, with the east line of said Westem
Boulavard, a distance of 70.95 feet to the POIN7' OF BEGINNING; .
TSENCE North 08 degrees 33 miaufies.40 secoiids East, with the easterly line af said Western
Boulevard, a distanee of 56.07 feet to a point for cvrner;
TSENCE over, thiough and across sa.id Lot 2 the fallowing seven (7) calls:
North 71 degrees 38 minutes 40 seconds' East, a distance of 593:44 feet to a point for
corner, '
South 88 degrees SQ minutes 24 seconds Easfi, a distance of 685.66 feet to a point for.
corne.r;
South 01 degree 06 minutes 45 seconds 1aV'es4 a dis[tLnce of 189.57 feet to a paint for
corner;
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1'1 O~ 12 '
rt-iur Surveying Co., ~ nc.
i
P.O. Box 54 - Lewi'ovilIe, Texas 75067
Officc: (472) 221-9439 Fax: (972) 221-4675
North 01 degree 06 minutes 45 seconds Fast, a distance of 139.61 feet #o a point f4r
comer, '
North 88 degrees 50 msnutes 24 seconds West a distance of 627.10 feet to a point for
cornei;
Soudi 71 degrees 38 miautes 40 secon4 West, a distance of 610.22 feet to the POINT
QF BEGDT1UNG, and contain.ing 1.633 acres of !land, more or Iess.
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1.633 Acres in Q. ~:04o AI.RP4RT RQAT~:
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City oE Dentan. Texos
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244 Feet .
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Ezhibit "F"
to
Contract
NOTICE OF CONFIDENTIALITY RIGHTS: ',IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY 4R ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR 54CIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
That WESTPARK GROUP, L.P., a Texas limited partnership (herein called "Grantor"),
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good
and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas
Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas
76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY, unto Grantee all the real property in 'Denton County, Texas being particularly
described on Exhibit "A", and illustrated on ExhibiY "B", both attached hereto and made a part
hereof for all purposes, and being located in Denton County, Texas, together with any and all
rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with
all and singular the improvements and fixtures thereon and all other rights and appurtenances
thereto (collectively, the "Property"). '
Grantor, subject to the limitation of such reservation made herein, reserve, for
themselves, their successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Property. Grantor, their successors and assigns sha11 not have the
right to use or access the surface of the Property, in any way, manner or form, in connection with
or related to the' reserved oil, gas, and other minerals and/or related to exploration andlor
production of the oil, gas and other minerals reserved' herein, including without limitation, use or
1
access of the surface of the Property for the location, of any well or drill sites, well bores, whether
vertical or any deviation from vertical, water wells, pit areas, seisrnic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral
support for any surface facilities or well bores, or any other infrastructure or improvement of any
kind or type in connection with or related to the reserved oil, gas and other minerals, and/or
related to the exploration or production of same. ' Notwithstanding the above, nothing herein
sha11 preclude Grantor or its successors and assigns from exploring for, developing and/or
producing the minerals reserved above in and under the Property by pooling or by directional
drilling under the surface of the Property from well sites or mining sites located on other
property.
As used herein, the term "Surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas
above the surface of the earth.
This canveyance is subject to the following:
[Insert Permitted Exceptions, if any.]
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto GY'antee and Grantee's successors and assigns
forever; and Grantor do hereby bind Grantor and Grantor' successors and assigns to WARRANT
AND FOREVER DEFEND all and singular the Property unto Grantee and Crrantee's successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through and under Grantor, but not otherwise.
EXECUTED the day of , 2011.
WESTPARK GROUP, L.P., a Texas limited partnership
By: Westpark GenPar, LLC, a Texas limited liability'company, its general partner
By: The Rayzor Company, a Texas corporation, its sole member
By:
Philip A. Baker, Vice President
2 '
,
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , , 2011,
by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, sole member
of Westpark GenPar, LLC, a Texas limited liability company, general partner of WESTPARK
GROUP L.P., a Texas limited partnership, on behalf of said corporation.
Notary Public, State of Texas
My commission expires:
3
_ A rthur SurVeYing CO.1 _nc. ,
P.O. Box 54 Lewisville, Texas 75067
Uffice: (972) 221-9439 Fax: (972) 221-4675
EXMTI' A
5.922 ACRES
GTTY OF DXNTON, DENTON COUN'I''Y, TEXAS
BEING all that cettain lot, traat or parcel of lani situated in the Jahn Davis Survey, Abstract
Number 326, Thamas Toby Survey, Abstract Number 1285 and the 3ames Perry Survey, Abstrmct
Number :1040, City of Denton, Aenton County, Texas, and being a part of Lot 2, Block A,.,
Westpatk Addition, Phase 2, an addition to~ the City of Denton, Denton County, Texas, according.
to the conveyaace plat thareof reQOrded iu Cab'vaat Y, Page 169 of the Plat RecarcIs of Denton
County, Texas, and being more paiticnlarly descciibbd as follows:
BEGIlNNING. at a 1/s inch iron pipe found at the! most westerly southeast corner. of said Lot 2,
beiiig the r►ortheast comer of Lot 1, Block 1, Westpark, an addition to the City of Dsnton, Denton '
County; Teacas, according to the plat thereof recorded Cabinet C, Page 127 of the Plat Records of .
Denton Coumty, Texas, said poiut aLco being in #he west lme of Lot 1-R, Block A, Peterbillt
Addition, an addition to the City of Denton, Denton Couaty, Texas, according to the plat thereof
necosded in. Cabinet U, Page 369 af the Plat Recards of Denton Couniy, Texas;
TIUNCE North 88 degrees 49 minutos 49 seconds' West, with the north Iine of saYd Lot 1, Bloclc 1, a distance of 508.56 feet to a fence comer post at the sautheast comer of Lot 1, Block ~1 of said
R?~estpark Addition, Pbase 2; '
1`IKENCE North Ol degree 20 minutes 36 seconds2ast, with the east line ofsaid Lot 1, Block A, a distance of 507.89 feat to a%z inch iron rod with t yellow cap stamped "ARTHUR SURYEYIIVG .
COMPAIVY" set for coMer;
TSENCE South 88 degrees 53 minutes 19 seconds Esst, over, ihrough and across said Lot. 2;
Block A, a disfance of 506.80 feet to a=z inch iron rod witb a yellow cap stamm.ped "ARTHUR
SURT~EYING COMPANY" set at the northwest comer of said Lot t-R;
TSENCE South Ol degree 08 minutes 41 seconds'',West, with the west line of said Lot 1-R, a
distance of 508.40 fed to the POINT OF BEGI,IVNIlVG, and coutaining 5.922 acres of land,
more or less.
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16' tJtitty Eosemeni ~.P+ 200 0 ° 200 Fe~2t
City ot Oenton. Texos
Val. 1287, Pg. 881 Bmortng syatan boaeU on the City of Danton GI5 networ4c.
~RaUrood Easemenf
va. ao~`~P9.~ii4 Section 3, Tract 7
. ~ . I Rayzor inveshnents, LTA. •
Raarooa sPw eo~«~t Vohime 1996, Page 601
sowortn c«pt .
Vd. 1175, Pg. 855 Vorlable Wfdth Electric Uttlttq
Eoaemant, Doc. Na. 2007-20898 ,
rnA sed' Eaffli'iieni~
I , Rightrof-way 5/87.ItF. ( i ~
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~ L~3 53't9" E 506.80'~ 70' eL~c. EsMr. ~
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Af 01 20'36" E 1121R1 ~1/2"1. R.S .
~ 89.96'
Lot I, B}nck A Part of
I ~ GVestpark Addition, Ph. 2 K ~ Lot 2, Block A
f C$binet Y, o ~V'esEpack Addition, I'h. 2
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Page 169 an+ Cabinet Y, Page 169
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io 5.922 Acres ~Lot I -R, Blook A
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AIRPORT . ROAD N F. M. 1515 -
EXHIBIT B
~ 5.922 Acres
' Jahn Davis Survey, Abst. No. 328
Thomas Toby Survey. Abst. No. 1ze5 A rthur Surveying Co., Inc.
James Perrp Survey, Abst. Na. 1040
, Prafessional Land Surve,yors
Citp of Denton 972-221s+as9 - P~972-=J-46Z5'
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Denton Countp. Te88s ; zw.sm s&=4 .sWre aao P o. aox sa
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Exhibit "G-1"
to
Contract
AMENDMENT TO ELECTRIC UTILITY EASEMENT No. 1,
STATE OF TEXAS § '
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
This Amendment to Electric Utility Easement No. 1, is executed effective
, 2011, by and between Rayzor Investments, LTD., a Texas limited
partnership (hereinafter referred to as "RAYZOR"), and the City of Denton, Texas, a Texas home
rule municipal corporation (hereinafter referred to as''"CITY), to wit:
WITNESS''ETH
WHEREAS, RAYZOR, on or about December 29, 2006, granted to the CITY, pursuant to
that certain Electric Utility Easement (hereinafter refeired to as the "EASEMENT"), a perpetual and
non-exclusive easement for erecting, operating, maintaining, and servicing thereon one or more
electric power andlor communication lines, each consisting of a variable number of wires, cables,
and all necessary or desirable appurtenances, attachments, and complete supporting structures,
including foundations, guy wires and guy anchorages, and structural components, as more
particularly described in, and as evidenced by the recordation of the EASEMENT under Clerk's
Instrument Number 2007-20905, Rea1 Property Records, Denton County, Texas attached hereto and
made a part hereof as "EXHIBIT A"; and
1
VVHEREAS, there is a current initiative toprovide for a combined heat and power tri-
generation electric plant facility that necessitates the, granting of additional easement rights to the
CITY by RAYZOR; and
WHEREAS, RAYZOR holds title and interest to all those certain tracts of land; being more
particularly described in the conveyance to Rayzor Investments Ltd., by Deed dated December 4,
1985, and recorded in Volume 1796, Page 601, Real Property Records, Denton County, Texas; and
WHEREAS, RAYZOR is subject to and bound by the terms of the EASEMENT; and
WHEREAS, RAYZOR and CITY desire to amend the EASEMENT to provide additional
rights to the City, as set forth herein.
NOW, THEREFORE, in consideration of Ten and NO/ l 00 Dollars ($10.00) and other good
and valuable consideration, including the mutual promises contained herein, the receipt and
sufficiency of which is acknowledged by all parties hereto, RAYZOR and CtTY do hereby agree as
follows:
1. The first paragraph of the EASEMENT is amended to provide as follows:
THAT, RAYZOR INVESTMENTS, LTD., a Texas limited partnership (the "GRANTOR")
for and in consideration of Ten Dollars ($10.00), and other good and valuable
consideration, to GRANTOR in hand paid by the CITY OF DENTON, a municipal
corporation, which is located in Denton County, Texas, and whose mailing address is
215 E. McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold and
conveyed and by these presents does grant, sell and convey unto GRANTEE
perpetual, exclusive and unobstructed, except as expressly provided otherwise herein,
easements and rights of way (collectively, the "BASEMENT") for the purpose(s) of
erecting, operating, maintaining and servicing therein (i) one or more underground
2
and/or above ground electric transmission and/or distribution power and/or
communication lines, each consisting of a variable number of wires and cables, along
with all necessary, convenient or , desirable appurtenances, attachments and
supporting structures, including withctut limitation, foundations, guy wires and guy
anchorages, and structural components; (ii) one or more gas pipelines, along with all
necessary ar desirable appurtenances, attachments and supporting structures,
including without limitation, surface mounted equipment, conduits, cathodic
protection equipment and aerial maxkers; and (iii) one or more thermal energy
commodities pipelines consisting of, without limitation, heated and/or chilled water,
compressed air andlor steam pipeliges and return pipelines, and all necessary,
convenient, or desirable appurtenanc$s and supporting structures (the matters and
facilities described in paragraphs (i) tYirough (iii), above, are collectively referred to
herein as the "LINES") in, on, over, under, and across that real property situated in
Denton County, Texas, being tracts of 3.350 acres (Tract 1), 0.934 acre (Tract 2),
0.143 acre (Tract 3), and 2.653 acres (Tract 4) and all being more particularly
described and illustrated in Exhibit "A" attached hereto and incorporated into this
document by reference (the "EASEMENT PROPERTY").
2. The EASEMENT, as amended hereby, shall be subject to all terms, conditions and
provisions of this Amendment to Electric Utility Easement No. l, ("Amendment"), as if
originally included therein.
3. Except as expressly amended by this Amendment, the EASEMENT shall be and remain
valid, subsisting and effective as originally provided. RAYZOR and CITY do hereby ratify,
adopt, and confirm the EASEMENT, as axnended hereby, and stipulate that same is in full
force and effect, and agree to be bound thereby.
Dated to be effective as set forth above.
.
CITY OF DENTON, TEXAS
By
George C. Campbell,
City IVlanager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
RAYZOR INVE5TMENTS, LTD., a Texas limited partnership
By: The Rayzor Company, a Texas corporation, its general partner
By
Philip A. Baker
Vice President
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me'on , 2011, by
George C. Campbell, City Manager of the City of Denton, Texas, on behalf of the City of
Denton, Texas.
GIVEN under my hand and seal of office this day of , 2011.
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
4
STATE OF TEXAS
COUNTY OF DENTON
ACKNOWLEI}'GMENT
§
§
§
This instrument was acknowledged before me on , 2011, by Philip A.
Baker, Vice President of The Rayzor Company, a Texas corporation, general partner of Rayzor
Investments, LTD., a Texas limited partnership, on behalf of said corporation.
GIVEN under my hand and seal of office this day of , 2011.
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
5
Dentpn Cow.nty
L'ynthta Npftno11
tQUntyr plark
' .Denfion, Tx 16202
' ao zom p _
Instrunwrit Numbee 2A07•2~S
• r4S '
ReCOrdod On: febru~►21, 20p7 Easemwirt .
Partie$: .RAXZ0Et-WV9$TNIENTS L7'D
. 74 .
cbmment:
ExwIerr a '
' - i OF 13
. .c P,ar.uqs 6s6sa.abovs am for.CWM r0eonc*oniy
gcaunlned and Cttacgesl,aSFoi1oww.
~a~tions - 66.40 . .
T.oW R~e,or.dtnp: . ~,pp , DO nEOr REu►ovE THis PAGE Is PaRr 0$:ME iwsTRuMENr
. ' A^Y Prwiston [woin whmfostrfoe Ihe PAotO orriss of thm dewrlbed REAL PROPEM1'
bscsmofcWor or rocsis3nvaNd ahO.unm*ncsaWotuidor%deral law
'Alls It1fQtmatior1: ' R6Cbf'G1811d Pl$1111C't1 TQi -
DoAI(n8(!t (dilITtb@I': 2007-2090S . .
RBioeipt NUtnbw. 982275 . REP1JBLiG 7I'1.1E OF :F7WORTH
RBcOrdsd.Datel3iM February g1;, 200703:OA:42P 420 'fFiROCKMORTON :STE 640 .
. . FT W(9RTH TX 76902
U,sorIStoU'aA: K hCCirby - Cash Station 3
THE STATE PF TIEXAS } .
COlJNTY OFDElt1X'ON } .
t Mnqy eMfNy tlNttha 1~»pYm*otw~ Pitit~ ~pN fNG Nwn4K ~N4~e on }h..d~tEme .
pef~up i~lo~, p~d w~s 4uly R~ED In~-0(Ratd ReeoFa{s ot Deawa CouMy, Texas,
EOUrt4y Cloic .
Denton Cn.unty, Te=$ . .
, .
, ,
• .
t
r,LKcrBicuTIImYWq9MENr
N0"nCE CjjF •C0XIDEAITIALTTY RIGM; IF YO'U ARE A NAT'LMAL pERSON, YOU M,AY ,
RZJOVE oR SMM ANY -OF IIM Foxa.owM'INFoRMA~ON MOM ft WSTRUMW -
BEEr4RX XT bS PIUM FQR RE0090 Il►T TfM PtJBUC RFG+QRDS: °YO[3'R SOCIAI. SSCURM
NVMM C3it YdURDRrM'S TICF,NSE NU1Vi$ER,
=SME OFTEXAS ~
SN4WN ,ALI. MEN $Y'tIM n FREfiENTS: .
(70UNTYOFD8N'I'QN . § '
TFIAT,'~AX?AR:Il~T~ES'I3vi~NT'a, I= a Texas bnaiW foc .
nd in cmdao4on afTw Dow (a 10:00), ~ ~ Sood W ~~ficn, t*:GRANrOR
ia:r=a-.~ by the cffy oip bq=rr, $ ~ tavmdn, wticno .ka&4 in Dentm Q=tY-.
- Tegas, W whose atiailin~ 4ddz±ess. is,211 E. McKinw+y,-Denxon, Taas 76201 (`GRANTW") .h$s
.g=beci, sold and cmveycl md by tluse pmso* do= vmt, wlt aad eonvey unto GRANTEE an
~t aind right of'way (collectivety, the "EASEM1VM, for !he purpose of ereoft oPerat+ng,
tnabtap,r=g ond serviaing t'~ -me Or MOM eloCtfic PoW-Or and/or cciMMnuMcStiM iinct, "A
cmoisft -a£ AL_ vaiable number of wh+es, cables, ai 0 neaessax5t or. desimble appurtw=ocs,
.
.a~achm~e~ts za~d c+anplete.supQo~ing s4r~s. ina3udfm~ fQUnda~ic~, . g~y wiare~ a~ guY ~h
~~x
and sb=UUW compotob (cp1lWiyelY, ft OLMS") vn, o4 over, under, and ;amss tthat rW ;propertY -
siteutal in Tctton C*
u*, 'T'ecas, being uapts of33504= (Tiwt 1), 0.934 scre (Tosst 2)> 0.141 (Troct 3), and.2.653 acmg (TaW 4) aad a beix~~ mOr-O PgrtieularlY descnW and il~ustraked iri Extu~ait "A ,
Aftched heaeu ainsi incnrparatod 'Wo " dneinment by rej~re= (ft F`•F,,A.&EMNT PRQpERT)r). ,
GRAi11'PBE sW have -ft rigbt to wnshnuct, .omite, impro%% reQansftiuaE, .i4cte.ase or W&uce ftcapa~tiY,. a~; ~relocate, it, jatrt~l, maiatain c~rr remove ~h LNES °~ui.tlut suoh .EA~~'i`
(wllwdnly, t}e va11+II"rm unw) as GRANTEE -mytrom tim to rime 13nd ne~cssar~t,
oo~►vesient ct ~ie to ere~t th~teaa or 3nst~i~ thain knd ,a~i rights ~ess~ry ~ .ss~nvet~i'e~,t for full :
use of flue sbova gcaA, incltu~s mama'ble wc=.QVer, across and •rpan th's alsove referenced
EASsu'NT PRtPERTY totho extont och oocess does not materially affya G~.~N'T4W 3:uss of sUCh ,
EASEMMT PROPERTY as pe=ited hm~n. GRAN".CEE sball hmvt no right to fence ar mc.low .such
EP►SBMMT P"MT3C pr to use it fQr any purpm atbcr fta the P~`.WTT.ID TJ'SO sctfot'kh above,
' GrRAMR, fbr xte1f and its mcpmws and assiSas, mpwsiy remves athe righ# Lo ocmupy and
use ab.ow descn'bad BA4E&ENT PROMTY for aU o&tr puipaw ftx wili not mattnally,intaferE
witi the crRAMrsE°s fA *oyzt of the PNWT"= usEs ana its exerc;se of its r%gbb hereuMCler,
' iwiud"'mg witm ibitalion the ri,ght of pamp * ovtl r the MSEME1T1'r MOFERTY; (ii) the .ri~t to .
use 4~e ~fasce t~f @~ EASE~TI' P1tC3PERTY ~'or patl, dti~nr.~ys, -sidew.al~cs, and Iancfscapins And
fiii) ft right, bu# not the obvigation, tn erca :or maint,axi fenees not inor.e than 8 feet bigh °ac~Ms swh
EAMM'ET PRAPERTY, provided tlmt gates ar ope=gs 12 feet w* ar Taore ate inatallei tham . .
(w[lw4iv.e1y, "43RA1V'1'4S iP`ACZLXM"), to provide',GRANTE$ reasonable:.acbass io all pots of such
JEMEMFN't PRf9PBRT'Y; Pruvided fius~er t1ut all srich GRANT4R F,AMTTIES shatl be •prowly
gr.oundod in accordance with okctrW iadus#ry staxdazds and sba1I be sn conslructed as to maantaun
minimum clearsnQrs from GRAN1U'S LINES as rtquired b3+appticable laws.
GRANTOR aclaiowledges #he EASENIEN'T is exclusive, so as to exclucic aIl othcr utiility
providctrs; provi44 bowever, ft EA5$MENT isAonexclusive As to CrRANT4R' S ri,ght to otherwise U$e -
:FILE STAMP CbPY
.
- _ n.. . . a.dk
E3 O~F 1 A
tW FASFMBa ?kOPERTV so lon$ as such :use dops not measoriab1y inbes*ro vnitii GRANTEWS
PERM-110 U.9ES and itis tigtats hereumda: GRANTEE ulmowleclges that siich oder ttility providers
wi11 be pmmi'tt4 with GRAN?W5 wdum conseat, to', conWact, aporate, maintain, xePAu', replaw and
=moanc thCir' respeotive utilities in, m4 ovwa undea', amd across #hs WEMENT TROPE`LZTY
pexpendieulaly.or as otherwise pmtdtW b'Y OkAl+t'rEE ia writing, iu mb maaner as wiU` not'to
intx*a'.e'with+CiRAWTWS LIlN£S. ,
. GR~EE, at GRA~I'I'F,~'S sole cost and exp~nse, shatl hsvs the r%~ht to. trim o~ r~naov~~ trees
ana Anbbery art ft BASEAEN1' PRUPEtTY to the =tmt nocessary, in the reoson" ;judgwent of
GRA1+TTEZ to pmrcnt P.oom-No interfeacnoe with tEue qper8fioa of such Z.TNES nr to romov,e possibXe .
s t~reto, to~e*a' .~vi~ the rigbt tio put gates in e~stsng ~+en~es ~rithu~ suah E~,~~'
~PROPB[tTY; ~ovidad ~ tbat G~ •s}~aill prcmjpfly remove from -f.he TA~~
1'ROPE~.tTY iow.Vmbs, caatfmp ani other debns resultog from ;C"iRANT9E':S operations or occupanc3'
of the EAMCENT PROMTY pu=a0t to its rights u#dea' ws :Ee4sEmExr. ThE E;ASEMENT ft Cte,
EASEMENT ~pRUPFRTY. as PPnvided for berein is riadb fln a.n "AS W .basis, and CiRAMU acpmsslY
aclwwlodrs *g im oonddaafm of tiu Wmnmu of QRANfOR hmin, ~'rRAT]'t'UA MAKES'NQ .
WARRANf'Y AV, MRESENTATTQN, MU55 ORIlVIPT+IEDi 4OR. ARISING BY QPERATION QF
.LAW as to -tht concZition cr sritobgiiy Af the EASOdENT or ft FASENIENT 1'ROFERTY for
GitANTEE'S PFItMTTED iSES havounda. "
GRANTOR and GRANTEB ackaowledgs mei agree that at the ox.eGUixon date .hmot no
buildan~s ~►d/o~ s~rnctur~s eicist oft tbue FASMAMT PROPBRTY GRANI'$E .shm11 "have thc right to
pm*ent the msirwhoe of buildings, shwotares, si8m and obslructicns'm theEASEMEN'T PROPEk1"y,
amd 3f my omh br&dings, stnxbms, siPs pr obsWuctioas Ow 4=4Cr cdnstructed or peanitted by
GttANTtaR tb exist wWm the EASEMFsta PROFERTY vyithout pxior -wcitten.consemt p,f GR,A'NT'EE,
tlxn MtAWM " hm the ti& tio mnve the=='md GRANT43R .apms #o.l*y to OI7.AN'IEF, -ft
reasonable.aatual~ost of ouah removal,-
The pay=ent of considemfwn lavdn made includes any 4aiago az lc>ss tp aops sustained m Yhe .
future by GRAWTC)RTamlfmg fimm go GRANT'WS constcucfiQn, reconstruct=, ra.pair, i'ePlacement;
opemti~om, ~ oz'se~rv'ic~in$~f~ LIl~S m-accordmm-with the terms o£tbe 15ASEMEM.
'rlie BASEN1M aha]l cqnstittte a cnvcaant nuhaing with ihe Iand fbr ft bew$t of GRArdTM
its =Cmm md assign& To fig* hembY 8~~ may nQ# be .assigned, either in wbole or in paxt,
withnirt.C'iRANTOB'S prior wrfttt consent, vkchcmnset *0 not be unreasanably withhelcl. TO HAVE AND 'IO HUI.D the abow FAS.LMENT unto MANTEE, ats suecesSors ond assigns,
.aad CrRArfit'4R hereby wx=nts and f.orn.wes' $grees to -dofenid .the above descrkbed EASEMDT vntu
GF;AMEE, iu P=cessoxs snd amgns, a.gainst +evorY `persm vhomsoever lavvfully cWming ox' to cl= .
' 1he same araa,y part tha+eot 1nY, throu$h, vr undor 43B.ANTUR, and n.ot oftmrwise, subject, however, to
ft rigW of xhe ow= +pr oPVneo of an3r exasting owemeats or other encuuabranm Affec.ting ths
PA8EM1W' PRDPERTX lerein desexOed..
Wl'I1aTES~S 3~ EXEC[TTIQNHBR~34F as ~e ~~f ~sy of .~tw , =6.
Page 2
. ,
.G$ANTO$:
BAX"lbit24V:ESThEMM L'Tfl., a Tcxes limite3 partx~p
$3r. -nt Rayroar COMPM}►, a Texas coaPbratiagn, i.ts c~en~ral ~'armcr
. ~ .
. A. ~,~u~.~ .
~
ACKNoWXXDG3ffM
STATE OF TEM $
. § . ,
.CQUNI'Y bF-HMOk!a' ~
This •Wwment ww=kowledoed before.me ..fib~'s.g*&day ofA&0/~ 2U.06-by Philip'
A. Baker, Vice 1resisleut of The Rsyzor Convany. . ~ '
.~,4~1~►MDl'~L~1f Notar}►Public, Statoof T=u
Prhgeti ~ame:
MY canamissi.on Wkes: .
ACCe,pte,cl ttis 4-~~ 2006 for the City of Denton, Texts
{Resobjtioai N'Q. 91-073).
-By: ,
'
~ul Williarnson, Menw . ,
. R=l Eftte and Capitel SuppW
A,fter moprding, re,turn #o;
CityOfDOAOA
City Eapnemin5
542 F.ast WickorY Sweet, SuiW B
DmbA rmas 762-`3
Aftentiow'P" Williamsa~
E5 OF 3A
' pao 1 -af 3
EXHiB#T A
. TRACT I
'VaRIA," wOW ~~W FMDUNr "
X. Yi3CRAIM SURM, Al3STRACT NO..9%
CIMQRnEMN
D.O'ON COUN't'Y,TZXU BEWe a:Iraet ofland situated i.n tlo E. PM&W Sanvey, AbshW No. 996, Uenlton
C"ay, Tons, md bemg a pM of a tract of laud dem'W liy dmcl to Rayzor
b~, Le m taboWed kn Volume 1796, page +601 of thw Real Propaty Records .of
Deloon Quuty, Tmas, and beitig moie part'ieWarly dexdbed.as:follows:. .
BE MIr'fWO at a 518 nnch imn rn,d found at the soudma coram ofa uua ofZand
descn`bW by deed to:IU city 0f 17en40n as.zeco&d in VQlume 5350,.Pase 5.5% Qf.the
Red Prop.eatY Records QfDenwa Ciomty, Taxas,,and bmg ui ft sotithxwesterly lim of . .
the W,f Colomdo St Sants. Pa R,ailtoW 40t.of-vaY, sai,d Poixt bft.SP feet aud
frnm the coWeraf tle 04stiog tradw afsoid railroad;
TM4CE SouRh lb 4Mees 34 miw~O -swoMs Bqst, wi$r tfie South.w+estaly liicte of
said raihDad rWoPa►ay, a Jistimcc of 201:55 fed to a'1/2 inch imn rod sd foar. cma,,.
99d peft beug'75 fed and pape"auiar ftm the coaft of the eacisbng :tracks of:said
TIMCE South 23 4egim 42 minutes 20 saconds East vd* ft.sciuMwest Iipo of oi.d
t'adIoad right-of-way aamd pamUd with said tradclw, a distaaoe of 10,65 iFeet ta a I2 Iach
ivmmd fiet at tlo apdwW cma'ofa 4O faox DainW ERbCMM;t ta OW State of Te=
as mov" in Volume 328, ,Pw 360 ofte Deed Recods of.DWm County, Tocas; .
Tm+TCzSouih.5$ degirces 53 minu#cs Q3 ftcondsWest, wit~ .tbeAorthwest,ex'ly rme of
said Drainuge FA=mad, it d1sunce of244.06 fW to ,a 1/2 ina iron ro.d set at the
begirming of a noa bn,geW curve tD ft Ie# ha^ving $ rad%s of 1175.92 feet, a chord -
bening of.South 34 dtgreos 52 mimrtes 12 secao6ds Wcst; and a cbW :distaace of 167,71
~
'iHWCE wntbi nung with the : 1Iy lins of said Dmiwge Fasewentand along
ssid cmve to ihe teft hav*,a deka of 08 °depm 10 miautes 42 soooi►da and.an ar,c
leq* of 167.95 foo to a 1!2 koh ;nm rod set for mmes;
TONCL~`, South $9 degcM 49 mkutis 00 mmds Rtest, over and acmSS said Rayzer
T~ Ltd. tcat:t, a(Osiau!A of 1331.10 ,foo to a M2 inch kQn tod sd' a east:liae,
of 4 ftct of faad dmx 03od by dod to ~&-Yaung TQwing ConpanY, Inc• as
ocordod umder CounLy Cletk's MeNa. 97-R000109.I of tle .~.Zesi Property Recarcts of
.
Dentrna Conn% Tom%
c~c~zoo~ec~is - tftofuW*WftWAWd OW*b -ck otdWcWW111a"s+e-z.doo
i~n
1gIT' A '
OF 13: ,
EXHIBIT. ~ ~ TRACT
UErtCE xorth c~ ~ ~I minuto ao ftcoa& vvesr, with rhg eW Um of.ada -
Sudmmt 'Youmg'rowing Compmy, I= tm% ad,istancc of 70.04 fOet to a 1/2 inch .
iianro4 set for ooanw, 'I'#IENCB Nor& 89 dqpm 49 mimft 00 se=Ws Fast, Ovcar and aam ~~a..~' _
knwwmmt, i,td. bm4 a dWow of 12$8.90 fed #o a 1!2 hwfia `iran md sot for coxner, '
T-MNCENo:th494q"as 36 naimias 51 coutmuinB aver .sad amss saiil .:$a.yror TawesWxxt, Ltd. trwt, ,adistevce of 3G1.79 fedtb a.112inck imn rQd set for
~ .
TIMTGE'x+Torth 23 depm 42 minutes.24 seoonds West, conUmuing ovar aW atr.oss sg'id
Rayzor ftv.eshpnaat, latd. trwt, aAftnce of 134.12 fed #o a 1/2 jwA im rod sefi ia.l*
soath line of afi~rem~d~tio~d City of Dentoan %act • . ; TIMCIB North:89 dWen 57 miamW 34.sewntts East, wiifi ft tisoukh line of °W:d'City _
af Desdnn fioact, a d,istaace -of 143.71 fed to the POINT OIF $WRJNWG and coWning
.3.354 aces af lamd At=,ortess. .
Y-f
,r
ftann•,ene„r _ rm,, ns - hv%lnrnim.; wYn&i& ~ dM eEtleeton1237110&9%B-2:d0*
1
~
Y
"
E EXHIBtT A , tw'~ P-age O~ s~
~'R~1G~ 4 ~ ~ brbwrhP at bmd o, ~ . - .
enn nra► Ike o, cor 1-9 XXk A Ot tht Petii" Add%n ReowdPsd.h ~ .
I Cak a py. J69 ot fhe fti ftwada -
bf Den'ton car►t% ria ~ tity of benton ~
Sudwman & Ycung
lbwlny Compbny, 9nc.
c s Fffe No. 97-R0001091
Voriable iVldth
;Elec#fic 6usement
NoOYI 'WN 3.350 Acres
~
90 '
y
~
Vof 5= P9. ' .
iM~~/V4M~~ v ~ .
fl7'GL£
. 103. 720 o~,rr
` '~'E . . . ;1' .20I.551
Y34.12' _ 1/rilti
, N8949'WT ~ ~ ~.~p~ • ,
• * r- a'~ ao..c
S~'99C~0 1.~75,92
40' -NANn. asno[ 6 ax / / L =1 67.$5 G01
~ab of Ad" . ✓ ~ ~
~e a~mt xao / / ~=p8111+~,2
r,~ N~6 SE$ Py~ •P7B
v /
BrFUr fa* r{daNfM
?r~c►.~ ~ e ~s~~~
k_0
.A\ CD
~ .~`.~O
~
►/3' 04 - r/x• Irtw AM sEt Nfnr lUvow CAP
STi11YPE'e i~R7NF~1~ SI(+x➢EY~f6 ~'OMOMI'Y
r~
~j~~,$Il '
`
_ " . . .
~ ~t ~3 i * t~~ ~y~
' IJT3YV~L3.~.lLJJ..f ,Jf3~~iL •
. ,
. -
DA'f'E; 11/07/08
0 F
~tl~JE~
1"- 200
SCAL•E:.
' sfQ'~' -
.
•1~ ~3e
-lt
A
hui n~~ lfl
.
CAI~. BY M.O.A.
' .l..:+....
~
W
,~7~ g~~ Y~
i~t~IG
ditAWN $Y; M.B.A.
.
~r•. . . :
ABSTRACT NO. •996
pMII81~12~~.~~i~l8
JDE _ Ntf.: &OOt N1489>136Q.35W
-C'.~~'~'` fl~' I.~~'`~011 ~
972=~21-~ _ frnr 972-s~71-4673
~o ~a►► so-~~ ~r~ . 2W P.4 ftx .4
,
d08 Na.: 2$111D5
3.41 ii~-~-S:dwg
.
Cll.~NTY, TEXAS
i~s~ ~'eXa§ ~75r#67 , .
as
- -
J
'w«roa asm ►rm - - . °
,
\ N
m
o=
Zf{p
Wa
r.
~
E8 OF 1 ~
EX1wi:lBf T A
il`R,ACT 2 9s XLZcMcBasmm
..MM,;AW=►.c~r~r+~. ~ .
]L~~M
c~qr~ Q~~~~raco~v
DIOMN cAvm~ ~ .
BBM~'r.aftct:of taW gu" ia ft S. Au"W UvW, Abtma bTo, "C~ Da►to
CsAmty, Texasy md beun8 a part ofa tcact Af.lanil :desaibed by:desd to ft City,of
Daton, as recon.ed 'm Vowms $350, Page $504 of #he RW.Prapaiq Remds of D:catop
-Cott*, Texas, -arW bein8 wo pWm*r1Y dowlW.As foltows:
WMMrz at aSM iach irfla rod £amd at t6e' nQrdmd -cp= of said Gity afDCntost
ttikam4 attbe iamwdon ofte mth l,ise of 4 tmo.of laad described bp.,deed ita The
CUjr aDeatonforthe extension efPmarie-5tieet and the mdmmd.luee of the Gulf
Colarsdo4 SataFe-RailinadigWd-waY, snid:PoW baino 50100 .andPerpendiailar :
8+m0w=nwrof*a mm tmds cfwd ra1lroad; .
MMMSowth 23 4 egme 42 mingu 20 swaads Past v►ith 46 southwest 1'u~ af.Oi(I
ragrgad i~*-cf-ropy od pnOel aftaeid U*ck& a distance of42$.02 fW t4 a•SI$ iaah
iron iod fowd at tbe soooma =nw o£:aatd City.of DenM tract (VoL S~% pg- 5504), .
swe 1xin8 in smoxth IFae of.a traa aFiad desaftW by,dad to Rayzor IuvcsmaM Ltd. ~a r+ocor~ed 3n'~Tohume 1~96, ~e 601 of3~e Raai Prop~.y~ecox'ds..o~~.aiton
Tom,=.&Wth 89ftm 57 mimtes 34 wcoa& West, vvkhtts south hae of.said City
dDaton oW (VoL 535q Pg 59,0~:a clistsaftof 103:72 ft to a 1/2 iitch kon•rvd sa
.
TRUCB Xar&'73 dWeas 42 mmuum 20 mwds West, aner aadmasa msid Cit;y -Qf
T)~enton tract Vot.5354,'Pg. 55", a dbWw -of428Z0 feet to aV2 °i»cb aron rod set m
iie xmth rma of xaid PrgWe'Street tag; , •
THWCB South 89ftrew 56 mimitm 55:s.eEOa& East; v*h the south tine of Wd
P*& Sweet U14 a&Wce of 143r80 feetto #ho P4IN'f !JF BEGTNNINO at►d
conuinfog 0;934 of_an acm of lml raore or less:
N►
IEx}~~g
9 0F1rr3k 1
EXH1BiT A . ~ Page 2 °f 2
f . ~ TRACfi 2 ~
111~ . ~7,~r ~ ► ~ ~ ~ ~ o! 1+~4~ cre b~sed on .
the etarth. lTne ol1.n1 IR, Blo,ck A
~ O.f tbe P4te~dlrt7t Adaltlav~, R4~d kt
P1a
cOL .a Pr1~ 3ss of 3he P~at aecard~ .
of D.eAto
.r~ ~c pa r~ ~ ~A3.aQ
. Fa oe egiww ,hl ~ .95' 40e.cfric Eose.rrtan # .
Aa~ ~ r
~ ~ - - .
. ~ ~ oao V,~4• f~cf iE
l.~tl• ~
. ~ ~ a'~4, . r~s•,~aaer ia~cn s~r:~aA, rauaw.~ .
Ro~ar jfiW,tMwt4 l.td - • 3r,u~a ,~rtsxar.sr~r~ ao~~wz .
. t~ f~r ~~1 0~ ti; lcxl ~ cb►rn~ar~ ~
~ ~ ~
mj► of .O~eatoa ~ ~ ,
~W 5M Pf ~ ~ ~ . ,o•.c~u~ .
' wc~t Pa ~ao
~ . 10J72' ,
58957'34"EY ~ ~ .
Ra~.a+ai" airaob»wft f1d
~ lloL 179A Pf $01 . . . ~ ,
. ,W A~ ~ m Al. i r
/ ~ .
. oe~
s~awb* ~~.wmt„
. ~ cuy v~eae
A ~thu Sureying I~nc.
. :
922--221-94J9 Far 75 '
22V Qrrr SMxt .SriJ'!e 100 R0. 9ox' S4 :
. ' . te,~7ky Tex~+s 75067
~T '
" .GZll.+t= ,i T
DAI£: 3f1/36d; t~ ~~=j~i~.~C , .~i1'~~~9G~+,+[~rT
. :
SCALf- Irs `W In MhM ' ~ I
•~L~:••~•~~~..w~•..+~~ ~1
U.s.A. x PUChG4LW
A~S'T~iCT 1~fiD 998 M~H~.s..~r1ru~
8y: ~~.8.~ _ u••••u.H7~~~A►~Iirw . .
' ° 5666 ~
. ,~5~~~
.JQE .NO.: ~130489.1~'i0.35A0 C~.~ Or •!'~~~EB& /
~~r~ ~ryt : ~ .
23t1105 E~~ Ca .t1~ 1 1~ .[.~r~ S{~ /
,WB MO.: .A
~2311•1o-M-4.dwg
.
EXHIBIT A 1'age'l of2
TRACT 3
E. RITCHU= SMVZk, ,A8NTRA.G"r NO,.99b
CITY 01 DMW'N .
IDOffON CDWM,TVW
BBm afta of ladd sitated ia the E. P.udkW SetrM, Abstra.ct IrTn. 996,DeatGn
Couat3". Tpm, wJ being apart.of a-tract of laW de=*W by deed•tn che City ofDeution
f)r.thc eamseonafpr4rie $#rack w -rccPrded14 Voluue .3$3, Pa.ge 196 Qf#be b,eed
kocprds oMcntoa Couuty, xauas, xnd balr~
,s hiarc pArticuFarly described :as f illovvs:
B~S"'~sDemiG ata 5/8 Inh f.iron mcl-foaW at.ft inwsotian ctf the southlin,e of Wd
Pcairie Street, ihe $owhwest.lim flfthe GRdf Cdlotado &:SautaFe RailrOad.ti,ght-o#'»way
Aud at t#u a.ocdmst mm of attacx of lmd descrt'bed by dee,ii ta zhe City .nf J]eatGa:as
recarded xn "Vclume 5350, Fap 5504 ,of the ItgW Property.R,xQrds of Demon County,
Tezas, saed p.oW beang.50 feet-and perpendicular ilom the c.onter of the. existing traclts of
said taftad; '
THMI'CE.Ndtth'.89 clvm 35 aiinufes 55 sconds West, vnth tho ssjutlz:line ofsaid
Prawe s#reet ,andthe torth rm ofaaid city.afDentoa tract (Vol. $350, ft 3041 a.
dstBAoC of 1030 I-et tD 81/.~Z 2tiCl1 tt90111'Qa sa.fUC mit2QC;
THM= I4orth 23 degree.s 42AWnuw 24 seconds West, with Over.and acr,ass :said
Psairis fteA a Astmm 0f,65.35 feet to aU2 uich iron rod set ia the north l;na ofaid
Frairie Street.ard in a so* Ane.of.a-tcact of land dmribed by desd :to Rapor
Ynvwmnm Ltd as reco*dia Volurns 1796, PaSe 601 oftho ltsai Propocty Reconds of
Dents3a Coure% -Tex=; , .
nEIaTCE Soeitb 89 degrew 56 xuimntes 55 swt9M,s Bast~ with the nortP► rine of sa,id
Prsuie Sftek a distance of 103.80 feci i;o -a 1/2 inch u'oa xod set iri 4he southwest Iine of
,sWtl ~'aulf ColQrad4 8c SaM ~e UEroad -rigli-of-way and being 54 feet aad .
perpendicuEar fmmft .centerafthe exisfing tracks.ofsgd railroad;
TliwCE.South 23 degoes 42:,minutes 24 secoads East~ with the soutkwest line otsaiid
rulroad right-ofwq.and.paralle1 with said traft a distme of 6,5.55 feet co'the P-O]NT
OF B£G1IJ~+T~i~ and cdntaimng 0.1.43 of an.aore of fand more ar 3ess,
r.-
EXHIFP7 A
110 13
EXHiBIT A . .
• ~ TI~AC'T 3 . Page R ` Q# ze ~
' Royzar lawslmea2% Ltd ~
O1
i/d 1796, P,g. ~01 ~ ' .
,srrt ; ~ L?t~ ~f Ddlta~
~ . ~ ~ 186
' SB9~6~55",E ~or.tlra eartre~ e~s~s ~r ~eo~gs or~ er,~ed oo
Pra$rPe $tWl to Rcr:,lina of tot t!t Alack A
~ 'q . Cf md 92#bW~t AQd~~. R~~ I/1
i ~ . ' ~.2J 42 20 E c b ~ ~sg o/ the plat Rawds
,/S- eaf raar . 65 55' Gouar~ roes. ~
N23'4220'W
~
6555'~~
. 0143 ACre
' . P.O.B.
g5 pcW ,/z-.~~s - FIr• ~aa~!r ~ ser wm ~7tow cw
. s1eu00 ex4W SGa.Wmwa CewPAMX
6,940 lnVestmenrg ~Ltd : N8.9*%S5"W
YoL 17.°46.. Pg fial
3M
~ . _
. C1ty Of DdfJtQn
5JW. Pg. SM4
SW. ~
)ues
RoyZor lnvwfinenls. Lfd , = ~ . .
vox 1796, Pg. .601 If1•A7~6~~1 f0 N's ~ NP3'~l7101#9
~r rm
ku ~m~~ ~
m ,fhe
, Ojr A/ De~tOa . , .
fb! 270
r1 A ahur Surve.~ Inc...
9%2-221-94Js Pox 072^22.1-4075
220 7m. ~Utr 20 P.O. 8ox 54 ,
'`lsxas 75067
, .G"IBZ T
cAM 3/l/2W4 Fs'LECT~IC EASE.MENT
SCALE; zoo in thE.
~ ou.c. ey: M.B.A. E. PUCHAISKI SURVEI;
au+M er. W.B.A. . AB.ST'RACT NO, 996
~ ,,oE No.: 60a30+89.1360,"qo ClTY 0F DENT0N
. ~.OB No: -23.1l,fls DE,~1~~'~.t~ COU.'NTY; TE.xASS
' 12 QF~3
, ~XHIBIT A
I'agt X oP2 . .
TRACi' 4
v~ ~ ~c.~n~vac E.]?UC$UMM'VEit'; O$UAa NO. 996 ,
Q'~"Y bFD~NTQN - DMaoNcour*_ff, ~as . .
BE~~ a a~ ofaaad #hc~: P~S1~1a s~, Ab~r~cc ~'a; 99~, :D«~$
C,Wnty, Tms, aM beiag a part ofa trad of land descb:ed by dead #o RaY7.0r , .
Iwafteat; Ltd..0 recxtdod ia VaUMa 1796,Page 01 ofthe Real Ptoperty.Records.of :
Dentoa C%M, Tem► aad'bem8Mre ParlicA* aessxibcd:ass Wowa.: ,
SEMMG at a 1n JWh at04 rod:sex aa a at the'int«aeotionof the southUne of.Oalc
$tvd asdft sautbRVw rw of the Qdf 6buado & Santa F~s ~taitrood ~t-~o-£-v+~s~r, :sai,d
point b~ein~ ~'S &zt a~ad papeqdicei(~u'.frosn the r,,~ntes' of the odstia,g tr,adrs of-said
TIMC~-&mth 23 degtee,s 42-mimft 20 sewnslsaFast, ~ft suthwat ~Iine ofsaid r4raad ri&-o,f-:way.aad parallel vAth saisltracjcA, :t dista= of $80.51 f4=xo aU2" incb
iroa rcd set for mner; ,
TBMtM'Korth $9 de;gro.53 inianrtes 25 swonds Pa.St a dist*me of 27.3,0 feet to a .1/2 asch iron rod .fQnad 50 fed aW perpendiCUiar-ftm the mnter of said tr.acks; .
TMM Snuth 23 dWas 42 mbutes 20 secoads East, coriftih$: with tho southvvast
he of saidRsil;oacl Fight-of-way AW paraW with aaid "traft a diista,nce of 579.22. fW
to a IIZ.iwb iron rad sd in the mth Eiie e,f zlqrt of land :descri6ed by dftd to the Gity .
OfDmtojn as.recorded iu Vohma 333, Pap 1$6 of #he Deed Rec.ords Qf Doztton CoBaty, ,
?em; - -
TBWM Nol#h sg 4egrees 36 miAUtes S5 secolub Wes~, with the na.rtii litw of Wd City .
ofDenton Track, a distaace of,IO1.$0 feet•#o.a 1/2 iuch uon rod set £pr c.orner,
.T~Q,'4CE North 23 ilegt= 42 minute,s 20 seconds West, ovor and across said Rayzor
Investaraats Tiact, a diftm of 1428.99 fec:t,to'-a 1/2 iach iroa md set:in the south rme.of '
ssid SJak Stwet; .
Tfi.ENCE-North 66 degrm 22 minutu 5.0 secoinds East, with tho .sotach lirio of said Oak
Sxrvot, a dtsmuce of 70.40 feet to the POINI' OF BEGI1UJINCr and tuntgining 2,60
acces 'af iand aoreor tess.
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City af D.en#o.n
.40E NQ.: 6S10130449.1360.3500 ~ITY aF DMVTOiY
Vpt ~Q PJ. J~J~
` N,108 NO.: 2311105 l./BlxTO j V CPZJIxT.c, TEXAS
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Exhibit "G-2"
to
Contraet
AMENDMENT TO ELECTRIC iJTILITY EASEMENT No. 1
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON § '
This Amendment to Electric Utility Easement No. 1, is executed effective
, 2011, by and between Rayzor Investments, LTD., a Texas limited
partnership (hereinafter referred to as "RAYZOR"); and the City of Denton, Texas, a Texas home
rule municipal corporation (hereinafter referred to as "CITY), to wit:
WITNESSETH
WHEREAS, RAYZOR, on or about December 29, 2006, granted to the CITY, pursuant to
that certain Electric Utility Easement (hereinafter referred to as the "EASEMENT"), a perpetual and
non-exclusive easement for erecting, operating, maintaining, and servicing thereon one or more
electric power andlor communication lines, each consisting of a variable number of wires, cables,
and all necessary or desirable appurtenances, attachments, and complete supporting structures,
including foundations, guy wires and guy anchorages, and structural components, as more
particularly described in, and as evidenced by the recordation of the EASEMENT under Clerk's
Instrument Number 2007-20906, Real Property Records, Denton County, Texas attached hereto and
made a part hereof as "EXHIBIT A"; and
1
WHEREAS, there is a current initiative to' provide for a combined heat and power tri-
generation electric plant facility that necessitates the granting of additional easement rights to the
CITY by RAYZOR; _ and '
WHEREAS, RAYZOR holds title and interest to all those certain tracts of land, being more
particularly described in the conveyance to Rayzor I0estments Ltd., by Deed dated December 4,
1985, and recorded in Volume 1796, Page 601, Real Property Records, Denton County, Texas; and
WHEREAS, RAYZOR is subject to and bound by the terms of the EASEMENT; and
WHEREAS, RAYZOR and CITY desire to amend the EASEMENT to provide additional
rights to the City, as set forth herein.
NOW, THEREFORE, in consideration of Ten and NO/100 Dollars ($10.00) and other good
and valuable consideration, including the mutual promises contained herein, the receipt and
sufficiency of which is acknowledged by a11 parties hereto, RAYZOR and CITY do hereby agree as
follows:
1. The first paragraph of the EASEMENT is amended to provide as follows:
THAT, RAYZOR INVESTMENTS, LTD., a Texas limited partnership (the "GRANTOR")
for and in consideration of Ten Dollars ($10.00), and other good and valuable
consideration, to GRANTOR in hand paid by the CITY OF DENTON, a municipal
corporation, which is located in Denton County, Texas, and whose mailing address is
215 E. McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold and
conveyed and by these presents does grant, sell and convey unto GRANTEE
perpetual, exclusive and unobstructed, except as expressly provided otherwise herein,
easements and rights of way (collectively, the "EASEMENT") for the purpose(s) of
erecting, operating, maintaining and servicing therein (i) one or more underground
and/or above ground electric transmission and/or distribution power and/or
communication lines, each consisting of a variable number of wires and cables, along
2
■
with a11 necessary, convenient or' desirable appurtenances, attachments and
supporting structures, including without limitation, foundations, guy wires and guy
anchorages, and structural components; (ii) one or more gas pipelines, along with all
necessary or desirable appurtenances, attachments and supporting structures,
including without limitation, surface mounted equipment, conduits, cathodic
protection equipment and aerial markers; and (iii) one or more thermal energy
commodities pipelines consisting of, without limitation, heated andlor chilled water,
compressed air and/or steam pipelines and return pipelines, and all necessary,
convenient, or desirable appurtenances and supporting structures (the matters and
facilities described in paragraphs (i) through (iii), above, are collectively referred to
herein as the "LINES") in, on, over, under, and across that real property situated in
Denton County, Texas, being a tract of 0.226 acre and being more particularly
described and illustrated in Exhibit "A" attached hereto and incorporated into this
document by reference (the "EASEMENT PROPERTY").
2. The EASEMENT, as amended hereby, $ha11 be subject to all terms, conditions and
provisions of this Amendment to Electric Utility Easement No. 1, ("Amendment"), as if
originally included therein.
3. Except as expressly amended by this Amendment, the EASEMENT shall be and remain
valid, subsisting and effective as originally provided. RAYZOR and CITY do hereby ratify,
adopt, and confirm the EASEMENT, as amended hereby, and stipulate that same is in full
force and effect, and agree to be bound thereby.
Dated to be effective as set forth above.
CITY OF DENTON, TEXAS
By
George C. Campbell,
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
RAYZOR INVESTMENTS, LTD., a Texas limited partnership
By: The Rayzor Company, a Texas corporation, its general partner
By
Philip A. Baker
Vice President '
ACKNOWLEDGMENT
STATE OF TEXAS § '
§
COUNTY OF DENTON § '
This instrument was acknowledged before me on , 2011, by
George C. Campbell, City Manager of the City of Denton, Texas, on behalf of the City of
Denton, Texas.
GIVEN under my hand and seal of office this' day of , 2011.
Notary Public, State of Texas
Notary's Printed Name
1VIy Commission Expires:
4
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2011, by Philip A.
Baker, Vice President of The Rayzar Company, a Texas corporation, general partner of Rayzor
Investments, LTD., a Texas limited partnership, on behalf of said corporation.
GIVEN under my hand and seal of office this day of .2011.
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
5
oenton Co,nt,
C/nthia Mi ct'1oJ1
~~~~~~~I~~~~1~• C°'urty C ork
R~.~a~.~ r__ ~Qnnw
E;Ha~~~A
.
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.
EXFIIBI
oFT A
x,~...
, 9LE+cTIUc trrUM, NfTTGB OF flONFA7►m'17aiTY RIGHTS: W YQU ARE ANA.T[3RAL FERSOIyI', YOU 'MAY
8SW1J'E OR STRZE 1!WY OF THE POLLIA~TGr Il~'FL~I~MATIO~,iROM"T111SXNS'IxZUNENT
MORB TT 19 FiLED FOR REtORD IlJ Tf~ P~~C RE~~S: YOUFt SQCIAI. SEG'Mt1'TY
-NU&M {jYt YOUR DRTVERS LICEIM Ni7MBER
TIM $i'ATB QF TBXA$
§ KNOWN AXL MEN B'YTIIESE PRESEM:
CO'UATi"Y 4F DMMN ~
THAT, itAYZOR u'.VE3TMa'FS, LTD., .a Toss limiiod patmShip, (the "GRANTORI fbr
md ia cmdm#ian af TonIDofilgrs 10.40), and othct $oadmd vahioble coaAdmt%m, to GRANTE3P.
iFa hand paid by the CITY OF IxENTOK st mwcriapal m;poration, wbich is iooW ia Dontau +CQuntY,
T=.s, snd wlom msift addc+ess is 215 B. WXjnne.y, Denton, Tsm 76201 ("GRA11TZ'E") has
grantc~, sotd ead convvyed md b3+ these presents Abes grant, sell ;aud convey =to GRANTEE an
mmat aad rf$bt of way (caHeCtiv*, the "EASEWNT") €or ft ptuppse of :orectYa& :oper.ating,
mahfthono aad mvio*g Omoam we ar man ekCMe Povve+r aadlvar unicagan 1tats, mch
~g +of a vx4ble mumbw of w9*0s, .=b1aS, eand sil =o~ry pr disisble appu~n,anic~es,
aft&*zts ftd.=*ft suppaarft strcbttbs, bchuding fouOdaftims, :$uy wirtrs and py aar,e,ioza,geis; '
end s:Erucdunai components (qollcrdvahy, the %=Sn ''vn, on, ou,ex, xmder, aind.sar+oss #hat reall `pmp".
sitUaW in Daatan Coimty, Tms, bcizkS a:tract af 8.226 acrc and bei8 rnare pact%cutarly de;cn`lW =1
iUuomftd in Fxtibit "A a#whW hmeto nd inmporabod imto lbis dmwnent by nefa?anm (tlie
"FASEKMT PROPERTY"). '
GkA'NTE$sbAl hm the right xa sonsfruct, Vmte, mVme, iacremor x+duux #he .
vapobft rqmu, wlocaft6 msPwt parol, mamtam ar+ rmxvc muc.h LY1qffi within such EASE11+.ENT(~U0dkV*, to ~u~rrr~ ~ ~ ~RANMEE may fim time ro fim tma neoesmy,
cmvwiW or deshble to met &vroo :oc =taH ~ ant aII •ri*bts :ueeessary .ar :cottvpniemt €or .full: . .
usc of the ab&m graat,, it:cbuding nusansbla seoesa over, across anti _ upon. the abow. refereaced :
$ASEMW PRfjPBRTY to the axtent such seoess does noi materiaily affact C'xRANTOYt'S usa of such EAMO1T.PR4PER"T'Y -as permitted havim GRAATTEE sliall bave no.rigfit tn feuo ar.enelpae such
EASEhIENTPROPMTY or to uw it.far aay purpw Atber t3m ft PER1fiTaD_tJSFS set forth above,
ORAWAllt, far itwlf and its suooesson od assigna, expressly remves tlo ri,ght ta occtpy aad
use tlt abova dam1ed EASMIENT.P'ROPkR?'Y for all t0er piu'pom that will not materially in#erFere
vidt the QRAIl1nE'$ fiall enjoymant of ft PMUMED Uggg and ks exercbse of its riOts heroundar,
induding wit]xrt umitwaa o, &e do crf pssa.ge Qver ae uSEmENT PRt1PmrY, :(n) 'ft ri$lrt tc►
m the =rikooof ffie FAEiVtEW PROPERTY for'parb2z drivev.vays, sidewalks, •and *iandscapiug :aad
' {iu)- ihe .rigirt, bnt not the obiigatiem, to weat or iminuin fam aot mare dan 8 feet bigli across swh -
EASEMENT PR4MTY, providod *M gates ar apenhigs 11 fea wide ar mm = instaUod ~
.(caolleetlvoly, "GBAATTOR FACIIMMS"), to prnvide GRANTE$ Teasonable a=ss xo all parts of swh
USEMEIVT PROPOLTY; prp+vidr,d fiather tbat all suoh GRANTOR FACILI'.1"SS "l bo pmpaly .
groumdod m a:coanionce with cIeoftcal3ndusti.y stand8rds and sbail be so canstrucbed as tb maistam
mipqingum clearareces ~Fr.om GRANTEE'S LDES 8s mquired'by.aPPlicable.laws.
GRANMR aclrnowle4ps The EASEMN3' is ocluszvoi s,o as to excludc al1 otlw uOty
Pr.midars; provi44 haweva, #he LASE1CENT isponeziclusive as to GitADITpR'S rightta .othemnse uso.
FtLE 6TAMP CQPY
E3H~F6A .
~
,
tht BASEMMT PItC3PEEtTY so long a such use does not tuuasonably inLmfere witli eRANTmT,S
PkkMII1-"ED UBS sad its rigiis haftukdar. GRANTEB.aclanmwledgee tbat such 06«' Atlity pxoviclers
wM bc-permjttod, with GRAN'TSE'S svrbqa Coi►SCAk, tb =sbtuci, ope~ maMtaU, rBPait'~, reAlw and
remva tboir raqmtin iaD:ities ia, an, 4mw, mida, .and acrass tbe EA:SEWW PRO.PMM
pmpendicularly or ae odumift peaimifta by GRANTEE in wxiting, ia such m=er -as vili not to
innterfbm wbt► {"rRANIM'S .X.II►TES.
GItANfEE, at OXANTWS -sola co$t md apmse, 8W baYne ft riSh# to trim or remm trm:
od skubbay cc &e EASEWNT PROP8RT'X' to ft eaoazt neessay, m the remubk judgtzft# of
(IRATTM to pommt paniblo mtwfaeox a►ith de opraala= of such LINE$ pr to Temve pow'bIc
'hmrds 6=tq roopdier. vvith tbe ri& to put gatts m ematimg finm within swh P,AS.ffiMENt` .
PRCaMTY; pwidod fiudur *at GRAAREE fttl pmn4tly tcmove from to RAS~t'
PROPfiRTY treia limbi, cuting,s and otbw dOwis mmltiag firotn ORANTVE'.S opmtic►w oa' .owquaq
of to EASEWMITPWPERW pummnt to i#s xights iuder t'his PASUbiimT'. T~,e.Ee?WA1T fpr &e
EASEMENI" PRaDPMTY as pravidod for boein is made, au► aa"AS LS" basis, and;401tANTEE CKPMssls+
aclmowlodps tbat, .in `aov~u*ocra of tba aomemnts pf GRAMpR hamin, GRAMP, MAM NQR
WARRANTY OR'8EPREM'I"ATiON, E)GWM 4R IlVtpLIW, UR ARIMG:BT' UPEUTt4N OF
LAW as #o ft twnditim or miiftha7ity of the ;F.AfifiNIEN''f :or ihe EASEWJT ~PItUPERTY for.
GRAN, M'S PER1►+nTM USES hocuader; " 1 ■
- aRAN'I'OR =d GRAI~= aGimQwle* amd agnee &st at fho eiuemtiaa dAb.e bmc►t no
bjilftpandl'ar *uohves edst a[i ft BAStbONT -ftOPERTX GRANTM sla have the right to
pront 0e a=ftv4m of build*os..A=Wre% sips 04 odistructiom an tbeUSFvMNT PROPERTY, -
and i€ saW. sucji brildhap, stvches, ; sps or oloknictims -mv Ieveafex emsftaWor permiftd by
.GRAMR to adst w.ift tbe EASBMM1VT PRUPERTY wWhout priar'writt= =nsont af .GROM '
then GRANTEE s'tra bave the rgt to tmm ffie ,sam', aad +GR,ANTOR agrves to :gitytoGRANTH$ the
rcasmiablewtu.sl cost ofsuch =moval.
The paymant Qf coaWdmwm .hemia made iwludes anq damage ar Ioas to croPs sus#ained in the
fitme bj► .G1LAN'i'Oit resgtin,g fnom ft GRAN'ME'3 cQnstcnotion, roco~an, rePau', roPlaipei»cnt
opmti,oa, mkknmm nrmvi.ciag of the UM in amWasloo with the terms of the WafiNt.
. TU EASTshlEW'sW cowliuft a co3=snt rtuming wfth. tlao lemd foz ft'bcayefit of GRAN"TEIB; _
ito summrs =d assips. Tk riSit betvby s=tad :q n+ot Toa usigeted, ,e3Ow in whok or ~ patt, ' witho%,0RANTt3R'S prieur wtAft wusents+hich eonsW shall.not b,e wt+aasonably vAbhoid.
TO ELAVE.AND TO IJOLD tlu abow EMEMENT -unxo (IRAN'TF.E, its -sWc,essora and aseiSrm and GR A11TTS?R ha+eby -vearraats and ftcva 4gpaes to defend the .above iie='bed WEMEN"Y' unto
GRAMIB, iis summon aad assigas, a'n.at -ovvery persm whomsoever lavvfulYy claWwng or xa :elaim
ft samt or any pan xbaeof, bY, dwoug'h,.w umder G.RANT(?R, ansl nat oftvise, snbject, hawevcr, to
the ,rigbo of ffie owncr or ownm saf xqY edstm8 emwtmu arDWw encumbrances affcting . the
EASEWN'r PRdOpBRTX hutin do='bod.
`G
rI`rIESS 'ITiB ~lTD~i.~F.as tk~e day of &~7~!/~t~c~, 2UU6..
. ; ; r•
P.age 2
. . , . _ ~ . R. Y
. . . , . . . . . . . . .
~4~%I6 A
r GRAML '
RAXZfDR DWFST~, LTD., a Tom linaited pMtmip :
, $3►: The Rayzo~CompM, a Texes.crttporotiqn, its Omeral Parqncr
kTp A.' , Yice pfeddem
P
. ACKNAWLFDCMI~'.,NT
SrAMoFT-Mtas
. ~
COVN"f X (lVbINTOAT ~
Mis bommima wo acleaowledpd bdore me fta.Iftkday ofA-VjzAw, 200IS by Philip . _ '
. A. Batec, Vic* Pre,sident of 11m. 8ayxwCQnapmy ,
NttBTy ~lIC, S~C Of TCX88 ~
M9' ~ ~1~ ~ 318~G: .
_ My c.amiseionm#res: . .
Aacaptcd.dgs _lr-, t~ da3► flf 2006 for the City of Doton, TeXes
(tftolufim No. 91-073). '
~ ~ .
B3"• ,
'PaW WIlimm,14Ta,na$sr
;Real nftw.and CagiCal Support
A#ier recordhig, rcdmm to:,
City pf'nonan
-Gity Ebelt2ast - Pm&wring
6.01 Es$t'~i'iclorny SU=t, &dw B
Deatooa, 3'=m 76205
A#Mdcm ~'aui W~kia~r~oaa et~#
Pap 3
gi"o~s a
I I
,
,
Page 10f 2
L~hibit "A."
• 7#!' ELECi'IM 9ASENaNT ;
E. PiI~ALM WItVV EY, ABST'RACrNO. 9%
. cITX OF DrilffoP+i
DENT[3N COUN"TY,1'EX,q,S
BEINf"i a hact of Iand situated ia the E. -PuchaW Sumy, .AWmt No. 996, Dentan,
. Cau»tY, Texas, an+d'being a part of at-act of isnd described by de.ed to.Ra3+z. or
.investkr►ents, Ltci. as rooordect 14 valu= 1796, Pa,ge 60t.of the Reat Prnperty RecQxits :sif _
Aafon-CouctY, Tmas,,snd baing m, arre.particularly:describeil.as.:follows: WGWWG at a 1/2 inch i~tkmd set Jn a,at the WMecdon Af the.norffi'line of Oak °
So-ed $ad du sou*west lim of ft Guf Color0do $euta Fe Raffimd dght-*f-wy, said point being 75 *et osi per~i3ar from ftonft af ft e,cisting b►cks of.said
Tailix~ad;
nXENCE SDath 66 clsgre= 22 miautcs 50 seconis Wast, wft #he north line of said Ook
Sftoet,.a dis;tance 0f '70.00 Ew ta a 1/2 inch iron ro,.d set faar corner;
THMCE North 23 44pgnoes 42 minates 20 socands West, -over ancl oacrass°said Rsyzor
Irnvashnsnts, Ltd. tt=t; adisomw of 51.28 fod'tQ a*1l"l inch ironvcd od far corne;
?MWCB N6*00 degrees 06 miuutes 27 swonds Fask oontinuing ovor and iaross Wii Raymir Invesuaents, Ltd. tru% a distancc of 173,37 bet #o a 2/2 iwh im rod set in the.
.sQU#hrx,ast iiae-of said CAlf Coioordo & Santa Fo Raihwd right,ofrway; '
1HWCE Svuth 23 depes 42 mWuW 24 swoods Ea-st, 'wlth #he southwest Hna Qf saud ,
~C'rWLtCoiorado Bt santa Fe Railroad r'&-oi=wa~, a.Wauce of 220.a0.feot to the P+aINT , OF BEGII4NiN4 and containing 0.236 o£aa am of l=d mote or 1Qw
ciasprrojed-20D5Mos15 -CAy ornw*mtWs.d-aay,aftrAaiM1»05-Exua-s.d00
i1/T12008 '
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♦ W fJZVM On! iff lA7 1"4?i Ot t* A
of thQ P*IeutieiRt Addliikiri, Rwvidet/ Tn \
C& .1i, 4 .369,, af Me Plat Remrds ~
F.Q.~
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. ~ ~ r~ Lot 3, .~Btotvk t
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Scato -to Additkn 1
Cob. ~ iPg J,3$ 1
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~'onst~c~n tasemanf ` *t
~ • _ ~ _ _ _ - _ -
-
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0 .J25 aCR£
~ . r VX~ Y%
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Exhibit "G-3"
to '
Contrut
AMENDMENT TO ELECTRIC UTILITY EASEMENT No. 1
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON § '
This Amendment to Electric Utility Easement No. 1, is executed effective
, 2011, by and between Westpark Group, LP., a Texas limited partnership
(hereinafter referred to as "WESTPARK"), and the City of Denton, Texas, a Texas home rule
municipal corporation (hereinafter referred to as "CITY), to wit:
WITNESSETH
WHEREAS, WESTPARK, on or about December 29, 2006, granted to the CITY, pursuant
to that certain Electric Utility Easement (hereinafter referred to as the "EASEMENT"), a perpetual
and non-exclusive easement for erecting, operating, maintaining, and servicing thereon one or more
electric power and/or communication lines, each consisting of a variable number of wires, cables,
and all necessary or desirable appurtenances, attachments, and complete supporting structures,
including foundations, guy wires and guy anchorages, and structural components, as more
particularly described in, and as evidenced by the recordation of the EASEMENT under Clerk's
Instrument Number 2007-20898, Real Property Records, Denton County, Texas attached hereto and
made a part hereof as "EXHIBIT A"; and
1
WHEREAS, there is a current initiative to' provide for a combined heat and power tri-
generation electric plant facility that necessitates the granting of additional easement rights to the
CITY by WESTPARK; and '
WHEREAS, WESTPARK holds title and interest to all those certain tracts of land, being
more particularly described in the conveyance to Westpark Group, LP, by Deed datedJanuary 1,
2002, and recorded as Instrument Number 2006-40956, Real Property Records, Denton County,
Texas; and
WHEREAS, WESTPARK is subject to and bound by the terms of the EASEMENT; and
WHEREAS, WESTPARK and CITY desire to amend the EASEMENT to provide
additional rights to the City, as set forth herein.
NOW, THEREFORE, in consideration of Ten and NO/100 Dollars ($10.0) and other good
and valuable consideration, including the mutual promises contained herein, the receipt and
sufficiency of which is acknowledged by all parties hereto, WESTPARK and CITY do hereby agree
as follows:
1. The first paragraph of the EASEMENT is amended to provide as follows:
THAT, WESTPARK GROUP, LP, a Texas limited partnership (the "GRANTOR") for and
in consideration of Ten Dollars ($10A0), and other good and valuable consideration,
to GRANTOR in hand paid by the CtTY OF DENTON, a municipal corporation,
which is located in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201("GRANTEE") has granted, sold and conveyed and
by these presents does grant, sell and convey unto GRANTEE perpetual, exclusive
and unobstructed, except as expressly provided otherwise herein, easements and
rights of way (collectively, the "EASEMENT") for the purpose(s) of erecting,
operating, maintaining and servicing 'therein (i) one or more underground and/or
2
above ground electric transmission anid/or distribution power and/or comrnunication
lines, each consisting of a variable number of wires and cables, along with all
necessary, convenient or desirable appurtenances, attachments and supporting
structures, including without limita.tion, foundations, guy wires and guy anchorages,
and structural components; (ii) one or more gas pipelines, along with all necessary or
desirable appurtenances, attachments', and supporting structures, including without
limitation, surface mounted equipment, conduits, cathodic protection equipment and
aerial markers; and (iii) one or more thermal energy commodities pipelines consisting
of, without limitation, heated and/or chilled water, compressed air and/or steam
pipelines and return pipelines, and all necessary, convenient, or desirable
appurtenances and supporting structures (the matters and facilities described in
paragraphs (i) through (iii), above, are collectively referred to herein as the "LINES")
in, on, over, under, and across that real property situated in Denton County, Texas,
being a tract of 4.058 acres and being more particularly described and illustrated in
Exhibit "A" attached hereto and incorporated into this document by reference (the
"EASEMENT PROPERTY"). '
2. The EA5EMENT, as amended hereby, shall be subj ect to all terms, conditions and
provisions of this Amendment to Electric Utility Easement No. l, ("Amendment"), as if
originally included therein.
3. Except as expressly amended by this Amendment, the EASEMENT shall be and remain
valid, subsisting and effective as originally provided. WESTPARK and CITY do hereby
ratify, adopt, and confirm the EASEMENT, as amended hereby, and stipulate that same is in
full force and effect, and agree to be bound thereby.
Dated to be effective as set forth above.
CITY (yF DENTON, TEXAS
By
George C. Campbell,
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
WESTPARK GROUP LP, a Texas limited partnership
By: Westpark Group GP, LLC, a Texas limited liability company,
Iti's General Partner
By: The Rayzor Company, a Texas cbrporation, its sole member
By
Philip A. Baker, Vice President ,
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2011, by
George C. Campbell, City Manager of the City of Denton, Texas, on behalf of the City of
Denton, Texas.
GIVEN under my hand and seal of office this day of , 2011.
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
4
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2011, by Philip A.
Baker, Vice President of The Rayzor Company, a Texas corporation,sole member of Westpark
GenPar, LLC, a Texas limited liability company, general partner of Westpark Group, L.P., a Texas
limited partnership, on behalf of said corporation.
GIVEN under my hand and seal of office this day of , 2011.
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
5 '
. . . Denton :Cbtinty
L'yrthla Ntiche[I
_ Co.unty clork
t3enton, Tx 7=2
_ ozos~a
. Instrument Nvmbsr. 207-MM
As ,
fteaorded0,M-.Fabruary Zo07 fasemrrt :
Pwtlw- WESTPARK GROUPlA ^ . '
TQ
~Commw* (Perfts lsled abQVo ara far QlwIcs. refore+nee ady)
Examinodand Ctarqed ,aS FAll.ows:
~.nt a4.od . .
I . .
NOT'= of COM3ENTIALITT RIaM: - IF YOCT ARE A 27ATAJ3tAL PIEWN, YOL3 MAY REMOVE OR BTM ANY f3F THE F4LWW'INGWORMATIOAT k"ROM TMS WS"tXtUWU
BIWOPX rr 1$ F.ILED IOR XtE=RD IN 3HE PIR= RECCOtDS; °Y'OM S(CTAL :SECMn 'Y ;
NWf3BRADR Y'4UR DRIMSLXM8 NUMBM
~ TH'E SrATB pF TOW §
-KN4WN .ALL MN BYTRESB pRESMT'I'S:
, CATJNTy OF DaMAT §
THAT, W'ISTP,A;RK GROiR', LP,.a T.ams.liudtad pxt=ft, (iha "+CxRAXVTAR") for and in
. casida~ttim of Tan DWllars 10.00), and ogm good Aind vAlu" c.on,sidemOmto roRAN`1"OR in b4nd.
p4by the CTI'Y4F DmMN, a amimiciptl .cnapmo0oh, wbioh is locaW:in Dmtw C+atuity, TMa; -aad
whosae msflioo ad6eass1s 21S 'll. McrmCy, DentpN Toxas 76201 .("1GRANMM"a'hss grauLed; sti1404' , .
zonveyed ,and by tlew gtaxats does gcant, stIl and sxncy uato GRATT]CEU an easovient and xigU of .
. way (moactiTrehy, the OEASZMENrl fbr 13o PurPo~o' of Crectin$, qPbrWng, maintaining ond sat'viEia$
thavon. mc ot mm cleotnepourer "&ar ~ommuni~ Haes, ewh oonsisbg af a Kariati)c.numbor of
wacs, cabim snd .a11 owmtmy ar .desu^able qvmimuncns, Attac]ments :and aompleft suppotmS
shrupoM iwc#xWg_ foosd~ ~Y ~ ~ &u3► ~ ~ ~ (coll~ti~ely;
tha "LRWS") in, M am, waW, ad mross lha rol P?WedY atugW -m Dentan Oouity, Toms► boa8 8
~ irm ef.4.05-8 :mm od bcffig moa pm0oabrI3' deswft1 and itlustcaftd in txhibit "A A#Ahed 'horoo:
.snd in~tad io this doomaastt b1y~=*renoa, (tha "BASEMW Pit4PERTY").
. ' GRANM shall bave,ft r*t to Gaamtrua!', c►prate, imVave, reconsUvot =esse or xeduse ft .
capabft, rePaic', mloaw_.impect, P*ol, maintain or umovt such I:IlMS wit}sib $uch EASEMElN".f
(cqAie~vely~ ~as -GRAl%1`T'IB ~naq ~rom time tA time a~d n~aces~}r,
copoaiat ;ot dasiablo to arecf tham or itMU #haoin and all xW* necmary or toqnveaieat for W
, use of tbe abow..,gcant,; including regsonable wccr,$ "a, acrws snd upon the above rofslrew*
EAswaM pRAPFR1'Y sD ft mmmt spch_Acom-doo x►ot mawrWlq .aMct-GItANTOR'S Ua c,f saxah
mSaEm P%OPftT'Y as permitbed h=in. CltANM sbaA ba.ve na rigbt ta fmce Qr sndose°suesb.
. $ASEMIENT PROPEtTY ar to uw it fnr aay pvrpose otha tban the PMtNnTW `USES set forth;abbve.
GRANP0It, fOr *Wmd its sucass= and ass.igns, cxPres* ,reservas' ft xi$ht tcs omW and
use the abovo des.cr~'W EASEMWr PRC3P$it'I"Y fm On 00er PuWaes xhat -wiR npt matei%a1Yy inW=
wetb Ate GRAMT ME'S ftll enjoymeat of Sltss PHnffn'TD USBS aad its ffAxcise of i,ts rigbts her.eunder,
includmg wx*out bmifttim (J) ft ri*k of PaWBg om the FA;SEKENT PROPMTY, _(ii) tbte Fight t,o
um -ft mufwe ofibae F.ASEMENT PRAPER33'YY foor pddng, drivmays, sidouvaU =d Lvidxcaping:arad °
ffiij ft right W nra22 tlie oblipton, xa Oetor nmmtain fences not more dw 8 foet.high =oss swh
EASF1M1T M4FBI~~."Y. Provifleti tbat ;gatees anr operi=gs 1.2'fee.L vvidc or m= are ansCatlet'i *mda
(collecef.valy, "GRANT0%t.FAG3L13`ZS",,t0 PMvido GR:A1V`ITE reasanabie wcs.s to.a1l parts ofsuc<h _
EA,SEhO1'I' PROPERTY; pravided fiuther Tbat a}1 such _C#RANTO-9 FACTLTM 'sW be PzWcrlY
gLoinded in ~~vith .el~ical .induatc~r ~ds a~d s~all be so consiaueted as tc~ m~a,at~
mdnimua4 CleXanc;ses faom GRANTEE'S LII~.~' as iequired 1?Y RAPheatile laws. ,
GRANTOR ack3wwleiges *e EASEwENr is =lusivo, so ss to exlude aU ottier u#lity .
provklm-; grael" hov.rever, " EASEIVIEN"i' is noneulasivo as to ~'`sRANT.OR'S -right to o#hcrvvase un
ft EASEhawT PItQPER'TY so 'long ss sueh uVdaim not vnreasc9nabiy interfere with GFAI1`tEE'S
' . FII.E STAMP CAP'Y.
E3OF~7A
.
1 •
4
PBDMMM UM sai its nig~ bmwxUr. ORAN7f~B admowlodges:.tliat such athet utility pr,ovildems
wiil be perpnxtb4 wrth G1tANTM'S vvritft conwt, W eonstruct. operatE, maintain, repair, i+eplace snd'_
r=ovo their reWctive ~utftes in, on, over, undot, -aad across the EASEMMT. PRtJPFRT"Y
~Y or .as ~o~rwise. .pcr~mit~ 'by ~G~ .ia writing, in s~~ck1 ~per. ~s ~wi11 n.ox to
int~rfm with GiltMM'S I.VM& . .
rjRANM At CxRAi+l'tW S. sole cod md oTase, "l l#av¢ ft 40 ta 1rnn ,pr rmpve im
od &nbbery Qnft USMONF PWpEM L.o ft'WtMA n1=30ary, in the rwonablb judvfient:of .
GRAl+= to prraent pasKI& `filtorAtMnce wJh tln 4pex*om af wh .I.NES 101`tb r.em'ft posAio
hawds *ewfo, itogettw wit the Aght to put gates in msting fencas wAbin such WFA1M
PBOP$t.T'Y', pocAVidad luiffia *st CAAMM •ahgtl pvmVtly rtmwm fton filve EMEWNT
PBOI'ERTY irao lintbs, cuaings And ather debm resulfmg fivo ~'.rRAIV3EE'S operation,s car ,occupainry
.of the BASMu&wI' PR(?PER'7'Y p1miant to.iu rights under xhis'EASEAC,NT. "1'6e BASEMMT f'oi ihc,.
F.ASEMW P1Lt7PER.TY as pravided.for be.rein is madO 0►1 Aft "AS IS" basis, Md GRANnE expessly
aclmow'Ie*s ffiat, in considmtim :af thc aWwwWs of CRAN'I'4R hereiu, .0R,A=.k MAM N4 '
WARRAfiITYDR.IMSffi1lTATTQN, MRESS AR"IluALMD,'Ok ARLfiING"B'Y' OFERA'I14N- t7P
LA1W 23 tio &e mftcuor "#abft of ft FMWONT or the EA:SRaNT PROPER.TY ft GRANTWS pERWnI,b U'SFgS koreundm :
!C#RAVTOR aad ORANTEE acknowWv .ax~3 agm *at at the _ mecuoticn date boreot na .
bw'1amp =d/ar wucftu exist an the PASENISNT I*ROPMTY.: ~G.RANTFZ sha11 have the ri&to
provwt the camWucton of building% *wctircs, siW =isi oboftwUms aon the EASEMNT TR{flPR.'I'Y,
=1 if wy :such buu&aM smcues, zigas or obsStucfions m h=&fw combrucW or parmiftd bY .
G'rRANTOR Lo exist withia #he ]W~~ PR.OpERT'Y without PW VntUn cwma of GRANM
b= L~"M " 1*,ft the nig* to semve ft and (iRANxMagraes to M ~ORANM the
reaao0*26 acwal wt of mh remvat.
TU payomt of o*aMderWom herek wde`iridudes My -40age ~r lo.ss tc► erbps sustai=4 m the,
fiiture bg► OUNT.OIt resuliiag i'ram the CRAMM'S .conoiction, raconstxvction, rapsir, UpXa~at'
"WIM MaWbignpe or wvicin,g offtUNES mamodsace with the tezms ofthe WEmwr.
Tlm EASBIVUM s~ constkm a covengttt runniag wi{h the land for the b=fit of CxRAN'1"M
it~ ~~ld assi~8: Tbe-xi8hts herebY .pmted maynot b.e amsigwd, oitbar in whole or jin ~art, vrifbovt !GRANTUR'S prior vvrittrn canser►t -wWIch =sent.shall nox be =easonabty v.vidibeld.
"PO HAVE ANDTO HOLD the abovc EASENIO21Tunto CALANTEB, its succcssors aracl asdpns;
md G~RANi'4R iaetyy'wurants ead ft-evw agrom ba 4afcnd the abovr descn`b,ed E48MAIN'r unto.
GRANT$K its ameassm =d aesigm aphst emY Pmm a+he=soover iawfully claiming or to :alaim _
Oe se= tr .azv Port *=4 bYy d=igh, cw under G1tA1V'IOR, .and nat aterwxse, su'b*t, .how.ever, to
the tighs of ft owur or uwnars of any existan8 eas=ents Qt' oOer encumbranees affeei+ng ft.
EA$WWT PRflpBELTY herein desadbod.
W!'rN' ~c,.
y ~~.►~~'•H~!~'~ ,.2!O(~Gb.
, . S5'I'~ EXECi.7~'~O~fiFIT~QF as the ~dix
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JAMF.S PFRRY SMVEY, ABSMCTN0:100
. - : ondike - arHOMAs T013Y sURvZY, AeM►CT.No 1285
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SE NG atrea ofland situaWianlhe 7xnes Perry ftvey, A,bsiract No, 1.040 anci the Tbovms
'T.ob;► Sura►L7, .Abstrac.rt No. 1285 Daon Coumy, Texaa, .and bei* a part of.a hact of liod .
dmnbh-.d by decd to Sudnmm & Ytuug TQwing ComqMY, Ync. as ncoWad wWer Coanty .
Cle*1s Ffie No. 97 R0W1491 of #1re 1Loa1. Prnperty Rwords of Dentn CountY; Tmm% =d bein$ mop pwdogody dascrQ)ed a follows; -
BW1NNWG st a V2 inch karod at.at a saufteA=w ofsauiSudermn?Ytung To°u&g ;
-Camapeny, bc. traCt =d at*e =*wst mmw o,fLot 1, Block I of*0wtpxIc Addirim
addfflm to tho Ciiy of Die~tn as moMad .iu C"ict C, PW 127. ofto Plat ke.covds O#DevWn -
Couijy.'Te"r,, =ep*tbGinB iage ripth lme OAuport Raad also Kt►owaas.111L Road:wa.
1515,. =m6 poiN bang Solgh 89 &gr= 25 mWW 04 sccomds'-.Wes, a disUmof 1,100.43~ fad
ftm alt2 inch iaw md fwmd atix BoadmeA comer of sWdLat 1and aqt -tke sauthwest wmer-of
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369 of tke 01st Recorb;of DoWn COWAy, TOW
' TMWCE 3aaodh 84.dWm 25 =mft 04 swoods'Wcst, •with 1be north Iino.of sad AkpOd
RoAaamce af54.718 ledto a 112 k6h irz rol-set.faar co#nW .
. TfMCE ov= aad mass ,said sudxvm & Xowg ToK►ing Compaay, W. ftct~ *a,follovving
: l+tosth 00 4apW 08 mbatbx SS seconds West, atlatmm of 3660.$3 fWtos 1/2 in0iroa.rai. .ae~ fbc~nnrer; , -
N"th 89.s1egrm 49 mUo*s (1.0 xxon6 £~w, 4 distenm -of 123.03 fed tn a 1/2 inc-b iron rosi .sot '
in tlue west line afa 16 footElechic Basemeat ta dw ("aty of DeatDO:as MCMW in Vo,lwns
i287, P:av 6$1 -of ft R+eal.PnoPGCtY Raacords ofDadon. Couuty, Tcxas;
Satth 00 4opm 07 mbaubs 14 seoonds Fa54 vithlbt wod lim of said 15 foo#':Elcotno - • - :
af577.76 feotQ a il21och irm rod set in tlhe nwth line.of said Lot_ 1; .
. TIMGE Sovth89 dWas 49:mknfts 35 woonds'Wes4 wft th~Aprtb.line Qf.said Lot 1, a
&stamof 7I:97 fieet tio-a I/2 inch imiod set at the noithvwe.st:comea asf said Lat 1; '
'iIMNCE Sou1h 00 devm 08 minutes 55 woonds F.9st, vyith #he vest liae of sdd Lot 1 and an
eW rm of mid Sud=M $t Y'otmg ToVaa,g Cmpgny, Im tact, a disbanc~
the P4Il+t'1' t3IF MGWNING and qondaikin$ 4.038!s=.of lad more ;or 1.e~
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Exhibit "G-4"
to '
Contract
AMENDMENT TO ELECTRIC i1TILITY EASEMENT No. 1
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON § '
This Amendment to Electric Utility tasement No. 1, is executed effective
, 201 l, by and between Westpark Group, LP., a Texas limited partnership
(hereinafter referred to as "WESTPARK"), and the City of Denton, Texas, a Texas home rule
municipal corporation (hereinafter referred to as "CITY), to wit:
WITNESS''ETH
WHEREAS, WESTPARK, on or about December 29, 2006, granted to the CITY, pursuant
to that certain Electric Utility Easement (hereinafter r,eferred to as the "EASEMENT"), a perpetual
and non-exclusive easement for erecting, operating, maintaining, and servicing thereon one or more
electric power andlor communication lines, each consisting of a variable number of wires, cables,
and all necessary or desirable appurtenances, attachments, and complete supporting structures,
including foundations, guy wires and guy anchorages, and structural components, as more
particularly described in, and as evidenced by the recordation of the EASEMENT under Clerk's
Instrument Number 2007-20899, Real Property Records, Denton County, Texas attached hereto and
made a part hereof as "EXHIBIT A"; and
1
WHEREAS, there is a current initiative to provide for a combined heat and power tri-
generation electric plant facility that necessitates the granting of additional easement rights to the
CITY by WESTPARK; and ,
WHEREAS, WESTPARK holds title and interest to all those certain tracts of land, being
more particularly described in the conveyance to Westpark Group, LP, by Deed dated January 1,
2002, and recorded as Instrument Number 2006-40956 in the Rea1 Property Records, Denton
County, Texas; and
WHEREAS, WESTPARK is subject to and bound by the terms of the EASEMENT; and
WHEREAS, WESTPARK and CITY desire to amend the EASEMENT to provide
additional rights to the City, as set forth herein.
NOW, THEREFORE, in consideration of Ten and NO/100 Dollars ($10.0) and other good
and valuable consideration, including the mutual promises contained herein, the receipt and
sufficiency of which is acknowledged by all parties hereto, WESTPARK and CITY do hereby agree
as follows:
1. The first paragraph of the EASEMENT isamended to provide as follows:
THAT, WESTPARK GROUP, LP, a Texas lirnited partnership (the "GRANTOR") for and
in consideration of Ten Dollars ($10.00), and other good and valuable consideration,
to GRANTOR in hand paid by the CITY OF DENTON, a municipal corporation,
which is located in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201("GRANT'EE") has granted, sold and conveyed and
by these presents does grant, sell and c'onvey unto GRANTEE perpetual, exclusive
and unobstructed, except as expressly provided otherwise herein, easements and
rights of ,way (collectively, the "EASEMENT") for the purpose(s) of erecting,
operating, maintaining and servicing therein (i) one or more underground and/or
2 '
above ground electric transmission and/or distribution power and/or communication
lines, each consisting of a variable number of wires and cables, along with all
necessary, convenient or desirable 'appurtenances, attachments and supporting
structures, including without limitation, foundations, guy wires and guy anchorages,
and structural components; (ii) one or more gas pipelines, along urith all necessary or
desirable appurtenances, attachments and supporting structures, including without
limitation, surface mounted equipment, conduits, cathodic protection equipment and
aerial markers; and (iii) one or more thermal energy commodities pipelines consisting
of, without limitation, heated and/or' chilled water, compressed air and/or steam
pipelines and return pipelines, and a11 necessary, convenient, or desirable
appurtenances and supporting structures (the matters and facilities described in
paragraphs (i) through (iii), above, are collectively referred to herein as the "LINES")
in, on, over, under, and across that real property situated in Denton County, Texas,
being a tract of 3.746 acres and being more particularly described and illustrated in
Exhibit "A" atta.ched hereto and incorporated into this document by reference (the
"EASEMENT PROPERTY").
2. The EASEMENT, as amended hereby, shall be subject to all terms, conditions and
provisions of this Amendment to Electric Utility Easement No. 1, ("Amendment"), as if
originally included therein. '
3. Except as expressly amended by this Ameridment, the EASEMENT shall be and remain
valid, subsisting and effective as originally prnvided. WESTPARK and CITY do hereby
ratify, adopt, and confirm the EASEMENT, as'amended hereby, and stipulate that same is in
full force and effect, and agree to be bound thereby.
Dated to be effective as set forth above.
CITY OF DENTON, TEXAS
By
George C. Campbell,
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: '
ANITA BURGESS, CITY ATTORNEY
BY:
WESTPARK GROUP LP; a Texas limited partnership
By: Westpark Group GP, LLC, a Texas limited liability company,
It's General Partner
By: The Rayzor Company, a Texas Corporation, its sole member
By
Philip A. Baker, Vice President
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON § '
This instrument was acknowledged before me on , 2011, by
George C. Campbell, City Manager of the City of Denton, Texas, on behalf of the City of
Denton, Texas.
GIVEN under my hand and seal of office this day of , 2011.
Notary Public, State of Texas
Notary's Printed Name
lvly Commission Expires:
4
ACKNOWLED'GMENT
STATE OF TEXAS § ,
§
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2011, by Philip A.
Baker, Vice President of The Rayzor Company, a Texas corporation, sole member of Westpark
GenPar, LLC, a Texas limited liability company, general partner of Westpark Group, L.P., a Texas
limited partnership, on behalf of said corporation.
GIVEN under my hand and seal of office this day of .2011.
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
5
ElWIBIT A
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Cjf1'1th1s MIkd]@u -
CQUi1ty Cl@rl(
°Denton. Tx 78M . • .
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~ . ~ tnW0ff" Nuumftr: 207 20899
As
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( ParOm Ystsa abonr. wo tpr,01iai[s nftmncs *Wy )
. "Ecamited sutd Ghargead ,ars FoliOws:
~eqie~fer,t - 44.00
~ . . .
'I'ow R~or~dl.nfF 4I:Op . .
DQ .NflT W1Nlf.}VE THIS PAGE !S PA►RT OF 7HIE IN$7',~UMENT
"Prov4dan heteiq tiuhM restriclB fis Sds. Renfo or ume ot.tha.dsscribed RM PROPERIY '
. bacauss of=ar or~raw Is1mra8d md qnaOomsble undw f«ierd fainr,, ~
F11$ l#1%rtnati=. ~ M$cQr0an.d.R,etilfla TaD; ,
Dowmwnt Murrbor. 2007-20M .
~ Receipt.Number: 3=73 - ~ - -REPUBLICTMA QF FT=1AI.QRTti
. FteMr.del Dato'Time: Febtvary 21 . 2007 00:00::42P 420 TtiRbCKMOf+tTON S'I'E 840 ,
FTWORTH TX 76102 ~
Use' / Statiort; K Kft - Cosh Stalon 3 ~
. ~ TFJE S'T'A'T'rz Of TEXAS } • • ~
6Y*6 -~UN1'Y OF QrJ~JTflN
dw~s d~AY It~D asl~s ~ I~:~m+
dA
~ ~ ~ounty Cle~lc
DertOn County.. Texas
. . , _ . . . . . . . . , . ~ .M~ e 3,.
I
~ EXHI~IT A . . •
20 7
~ . _
,
•
- N0=- OF COV?IDSIVTUI1`i'Y 11CHTSs IF YdU .A.gE A NATCJRAL PERSON, Y~?U 1VtA'Y :
RiEmOVrs OR srM8 ANY OF TiE F.4LLOwIA1O W0R4iATic)N FROM THIS IINSTRUMMT -SE1ZOn If IS MM FO8 RCURD IN TFIE PUBi,~C RECORDS: YOIJR SACIA.L SECURITY
NUMBM OR Y4UR DBOYER'S i.iCENSE NCMMR,.
TSE STA3'E OF TZXAS §
~ KNO'.GV1li ALL MN B"Y ~SF, PnSwI'S.:
COiXWY OFDBNTlJN'
THAT, W99MARK GROtP. JY, a Tmo lttriited par.tnmhYp, :(the "GitANTO$'') fo.r and its
consideWim OfTtn DQllars ;d.UOj, and other.gaod and yaluablo c,ossiderstion, to ,CrRAN'TOR in hatnd paill by ft.arX OF DET'4N, a mairiioipaii carpamtian, which ie lmtod° iuDenton fiamty. Tcts; and
wWw mailnqg atidress is 215 K McKbnCy, Dentan, T4ac$s 7{2Qi ("%RANM")hw Vantcl;, so1darid:
. MAcyed aci by Onse Womts .doc,s.gtxt, ,soll and coavey umto MANM au easoment.and '10it of
'Way {oQileckh*,*e `MWN'-n €ar the ptuixOSe of Moting, aperi!$; m*ainins and ~er,viein~
; am= sw ioar mm elect'~ic ppwar uullar cona~umic~om lines, mh ccan"M :af a voriable numb:ar. of
virm cabks, and ali nox=ry ar dcsimble -appurt±sm3ces, attachments atui camtete U49orting
*uciuros, isrcbdin,g Nmdadoiv„suy'wam and guy atobara^ and:wucpaal cam,ponents (Dolloctivety,,
:tho "IMMSn) in, cq, vvw, undw, md asxoss tlW.mal property siwatr•d in. Dentm ConitY, Texas„ beia$ a
traci af 3.746 wes and baing mane pardoWatly downi°bed =4 Mustr*ad in EKhibit "A aftched bmto '
and iooMorAW i.ato this *mmeqt bg+ ~+ef~ ~tl~e `~AS~T PROPER~
CrRAM'EE s~ havt tleai,ght to 0011struat, apdmte, inaprove, rcomstruat, rncremor:ioduce ft
capbffittY, wpm. mlncat, bVeck patmL mjuntein ct mwvt.srvh I.DIES within sr~ 'A1ME`NT
(oolloctIve}y, Tha "PERA ED VWS) -as CsILAJV= =ay fron timo to tinae Snd nGcasaiY, .
caaanaa{cat aar de,sirafik ta :ectd dmm ar imsiall *wefn aad a11.60s nwomy or cmven%eat for fau
vse of 'itte abovc v=t, ancIuding reasanabte access, ovior, aaroQS ancl npon the abcn►e r,cfW=ed '
F.A.SEMENT V84PER1Y tQ the onbeaut such access doels iwt materiadIy affect #"sRANTOWS use of such .
BASEMM MOPM1`'Y as p=mtted her+ein. GRAN 1EE sball bavo no ri,ght tD .fMee pr epclose such.
EASEMW !'$.QPIRT"Y ttr fio use it for anY Pprpose odur thaa thc PMIl31'ED U$ES setfmth abpvr- .
GRAM3R, for itsel£and izs sucomors and asa.gas, wpws1Y resetvts the ri$ht xo bccupymd '
use tbe,above dmrftd BAS$M+Tf PROPF.RTY fm afl adCr Pupom t$at wili •not materiaIlp intrfaro .
wid► ffie GRANX'WS full enj,oj+ment of tbs PE,M"'Eb jfTSES and its exmise pfits r%*ts_h=tnda,
bacludbg widmrt Himblion -ti) ft riisW ef pamge ovaai thc P-ASF,aM PROPERTY, (ii) ft .ri$}rt #Q
use the sup60 of~ffie &ASIIaTT PRQftiTy & padding, drivewa3+s, $i4ewal1w, a*d -1~nc3scaP~B gmd .
{ui) ft r*1rt,'but nat the obligati(m, tt) raect ar auir►titin fimces not mom than 8 feet 'high across smb
WENMNT PROPERTY, prnvidod 64 gates or openings 12 fcet wide armom sre itsWecl thevin (~~~ol~, GI~~l~'t~ FAC~T.~'!'€~i~`, #c~ rSOrie ' ~ NT~~£ reasonab~ ~ o;s to al~ part$ of suc'~
EA.SFNIEIVT 1'ROIaERTX; -pmvided fmtba tbat al1 "it GRANTOR FAC.ILMES sWl be prppeirly' .
sumded3a aecArdances wA electriqd mdusiry sEandards and sW1o so construcGed as to.~
ininimma cAovances &+am GiRA1+Y1VE'S LJM6S ss requfiWby spplic&le Iaws.
CRA-M'4R ackawwleftas the R►►SMEW is =clusive, so as Lo acclude all othaz utalxt~
paviders► pmpvidod, bovever, ft EASEMMT is nonexalussive as to .GRA1dTOit'.S ri,ght ta otherwise use ,
ft EASEMLNT PROPERTY so loag as sich y* dm not -unreasbiiaW interfaa wi& CrRVNIM'S
m
. E 3%F~~ A.
a
A I'marrmtmS moits:r%gmsheremwor. GRAN'l)m wi=vviCdgm iw =h atuat uliiitq pr.oviders .
wfll he pacmitted, widi CRANTEE'S wMm onorit, to WWir.ud, oFera% na=taia, xepaw, nepiw and .
=nove t3icir reVeeft utUes m, *ny over, undcr, azul smws the E1;S94M pROPERT'.'
p~p~diC~~r1~► or pa adwrwise peraritbed by GRAN'T`EE in vrifng, in Slob. -nomw as wHl 110t to
ftfthmOYith m$ 1114B&
ORANTM at GRANTEW$ sole cost sad mq=se, sbWi bave t'~e right ta trim or =u4vs t't"
.and slnvbmy ioon tbo BA$EMV3' PROPMtT''X to thq odcant neaessary, in ft rmmable ,judpmt og -
CfRA'NM 'to Pmvmt Posole bterforem with the bpmtim4 of suah .LZai'E~a or rxt remm possi'bk
baxatds toMtk "ethW. with the rio ta p% ..Ptg* in oxiiSfang fences vvithin such 'EASEUMT
P.,~Q~'1.tT'3~; ~pmovicled f~ber tbat ~Gi~tAl+l"~'~B •~1• ~y ~ove $~m :FA~E11!'!"
PitOPEL7Y tree UW6 cuain$s and ot1w dabris resWtias from GRANWS,ogortaiotis or occupgocw
. af she EASNAMU pRdPER1Y pwsuamt tA ita righis uader diis EAMvENT: -T he EASOM1`1'• ftar ~ft ' EA5MONT MPERIY as grovided for hoeur► b made :cm an'"AS IS" 1asis; Aaid .6RAjStMrazsprm1y, . '
gclmowlodgu 64 ia cm4derafienof zhe agree=nft ;of ~RAIVTOR h~, ~RA~'~'bxL MA,~ES 1+~ .
~V'a1~RAN'~lY G~.t REP~SfNT~l:TY02~7, E~'BESS :UR IIOI:YED►, b8 AMM BY•OPERATIOAT !OF _
Lw.:as bo ft omditikm ar sdwiW of, the :El4S4SMBN"i' ax thc ~~SEMNT 1'kOPERTY for .
, . t3RANTEE'.S P$RNnTED UM hemmder• '
. G~',AIVTOR and GRANTEE aokmov,vlcdge mi sgnoe -ftt azt tlae oxdcutitsu dafir. bea~eot no .
bufl&W andlcar akwtt~ -tidst m -ft BASEMENT PR6PERTY. GRANT0 4Wbatve `tbo. r~g~it t~
pevent t'he =sftu*on of bmWinjM swmwres, sops aod obsbruc#ons on t1w LVBZnNT' PRf,)PLitTY,
aad if any suc12 buildia,8s, str+"nes, dps or obsttuC*aas are Wcaftor conAructod or permitted :by
GRAM't)R to exist within the FASEMMT `1'ROPERTX vvitthout Oor wdttm cAnscnt oP OP,AN"FM
thm GRANTEE " hat+!c #tu ragbt to rqmuve #he s.arao and 4RA;NTOR agraes bo pay :ta GR.ANTEE t,ht
rcasunabie actaai +ccst Af swh remwv4.
Tu paymmt of 00addaaam hmem nmft inoiude.s any damage .o=.loss to .=ps mst*ed in the
fubm. by CrRANTUYt nasul#" ftm the -GlbtANIWS conofteton, neconsmucUnn, i~epair, roplacotiient.,
opersfon, muamnc* ar.servieaag of lhhe LIl1'i''E~ in wcorcisace wifh tho tmm of the USF.BWENT.
Tbe ' ' " r" comotLo.a oovenani nvaung wiith ft lamd fcu ft lewefit of ORANTM>
its auceassors .and asngns. Tbe .r%ghts 2umby g¢ankad ninY nQt be assigned, either iu whole cipr in P113it. •
withou# GR1?1N'TOWS pntr vkr*m consent, which mnsmt Wha]1 not be unreasonably wiithbeld. .
TQ HA'VE AND TO H(LD the ahove EA.SMvMNT unto GRAN i`EB, :its succcasors atid assigns,
and QuMP, bmby warrants and fmv;er agc= to defend Oe above descn1md EASE312EN'I' unto
MOTU, its .=xe== agd =Ws, aSawjt every peam whomsoeve,x' ]awfuily alaimin$,cu' to iolaim
the same or aay Pac# thmot bY, thrvagh, om wnder GRANTOR, and not odmiwise, subdect► hovve+vesr, to
~ rWo of tia owew or owm^s of any existing ftsemmta or o:tber mmnbraaces .affeoftg ft
BASENCEWF.tt#MRTYbereindemibed.
~~S T8E EXECUTiUN EMRFOF as the ~ dgy.JP~iG.D4t~006.
I
. EXHISIT A
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Milift K,&W
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JA~+I~'.S YF,MY SURVEY,`AM3'"G`x NO,10O ;
-ICM 4F*DRNWN . .
DEMN MUM, TEXAS
NWO aftrx of 1md Muntedinto James Pefty Sm"3r, Absftd No. 1040, Dentm coiuntyp
Tms, od bang it patt of a irod of l=d demi'bed by deeito Sudmaa &I`ows Ta~ ;
. Compmy, I~m as reaonded nnder Cawnty :ClmVs Fi1e No. 97 ROW109.10f die `Reai P.mp~y
Rwqub of Aodnn Coml,y,Tami6 md b;ing m,~particalady*describ;ed a~ -follo'w's;
BB4DMMG at a 1f2 inch iron rad set in *e east -liza of the romainda of said Sud== 8c
YoungTowing Co.mpny, Iac. tso ixk a vmst Uno of gt toCt Qf1aod descxi"bed by +etc*d ta Uy=
Inv.xaumts. .Ltd as rooDrded in Volmo 1796, Pap 641 o:f ibe Ra1 F'roperl.y Reaox4a°of .
Uedon Cowty, Tms, sanno beiSg Nmrth 00 depes 1t miuutos Ap -seconcis WeK. ad~nm 6f
111.04f+eetftoma Il2iwh iron mdfoufid at tbe:nor&wmst ccner -of Tract A of BetWr ^,COOls
Additioa, an.addifion-tra:*e CiLy of Ianun:as recorded in UAnd t Pap.8 of the Plat R+word.s
dD!m#an County, Tporas;
THWCE South 89 degrem 49 mimfts 00 secovds`Qttes, om :and acmas said Suderman &
Youn$ 7bwb* ComPanY, lue. tract, adistow of 50.00 Aeet to a 112 iroa xod nt for oraw,
. TJONCB Sauth 00 degraes '1 I mbfts 00 mconds East, mn.fiin*g across :s.aid Suddirman . .
Youag Towing Cbm;=yj= tract, adisume of l i l . rs fiDato sM2
.imh ioon rod se0ar ` .
Cprner;
-TIMNCS Scurth 89 dee,gm 39 inimfts.00.saeonds Wes~ cmftia$-acrpss oW Su,ddemaa 8t
Ycum9 TpwiMg CompW, im. fte;t, a disftnce of 20.00 ;6ed to a 1t2 inah iron md set in a
~►rm of.said Suddeaman dt Youag 3'owin8 -ComponY, -Inc. trct, same bdn the cat line .
Of Laf 1-It, Blak A. o€Peterbitt AddWian, an md.ci'i.tion to tbe Ciiy of bentaa as repogdM.ia
!C"ct U, Pap 369 of ftPla# RdecoTds ofDentou Comnfy, 'Y'm%
'fiMNCE Aiarth4{10 deg=s i lmimutos 00 Wconds West, gong the ost lino of said:PeWrb.Ut A,dMc%$4bbomoaf7l.24fiwto a 1/2 iwh it(m.md&pndat thebc&mioga. Mtve to tbe lefi; -
~ ATortbWastedy, aiM oWd otuft to the ledftbvv.ing a radius *M.00 fe4 vvitbL aceaptral
angle40 _degm 59 minutes 50 mconds, anl aaatc:length of62.83 fct, whoso cbmd beers
rioxth 45 dsgt+m 11 -whudes 05`seoonds W44 a dista= of $6.57 &et, toa 112 bncb ima md'
fawd in the naa& Iine d=4
. THWCE.''~~uth 84 dvxeg 49 mimtAes AO secaads West, along t-he north line of said Petcrbilt ~
. A,d&dox4 eAd passin,g at a-diswce of 1576.79 festa 112 inch irron rod foxmsi at-lhe.aarkhwest,
• tompr tmwf and coutpnuiitig :ovw, ecross md ffirio,h md SIU~an & Young T'owing
Conipmy, Inc. tract, s toW distnce of 2194.66 fretto a 1!'L inch iron.rad set for ieomer,
CiasC-Oroj1dZOM=M5 - CHy afi]9nLomvisd amo -Av'Ofderwo1110SeK1B-T,dot ,
47/t44"
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AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Water Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas ainending Ordinance No. 2010-
226 ("Original Ordinance"), pertainint', to the acquisition through agreement or eminent domain
of variable width saiutary sewer easements and temporary constniction easements, by replacing
certain legal descriptions contained therein, being located witlun Lots 4 and 5, Bloclc 7, College
View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat
thereof recorded in Voluine 1, Page 13, Plat Records, Denton County, Texas; providing that,
eYCept for such legal description amendments made to Attaclunent "1" of the Original
Ordinance, all provisions and findings of the Original Ordinance shall remain valid and
subsistin~ and in full force and continuous effect; and providin~ an effective date.
BACKGROUND
The Pecan Creelc liiterceptor - Phase II Project ("Project") provides for the constniction of a new
sanitary sewer line to replace an existing line. This is the second phase of what will be a new
and larger capacity sanitary sewer that will ultimately be constnicted froin Newton Rayzor
Elementary School to a point approYimately 3,000 feet east of Woodrow Lane adjacent to Pecan
Creek. On October 19, 21010 the City Council unaiumously approved Ordinance 2010-266 for
this purpose. Two original easeinent tracts have been inodified. In respect to property owned by
Hamed Mazrouei, the revised easement tracts are a preferred traverse across a drainage tributary
feature and more favorable to a future development footprint along the McILiiuiey Street
frontage. There is virhially no difference in the size of the easements to be acquired. The
permanent easement has decreased in size from 0.212 acres to 0.207 acres. The temporary
easement has increased in size from 0.107 acres to 0.110 acres.
OPTIONS
1. Recoininend that the City Council approve the proposed ordinance.
2. Not recoininend that the City Council approve the proposed ordinance.
3. Table for future consideration.
RECOMMENDATION
Recoininend approval of the proposed ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Septeinber 27, 2010 - The Public Utility Board recoininended approval (6-0).
October 19, 2010 - The City Council unanimously approved Ordinance No. 2010-266.
FISCAL INFORMATION
Tlus Project is being constnicted with utility bond funds.
BID INFORMATION
Staff intends to bid the Project in May, 2011 pending receipt of necessary easeinent rights.
Constniction for the project is estimated to begin in August, 2011.
EXHIBITS
1. Ordinance
Location Map
Respectfully submitted,
~77
Franlc G. Payne, P.E.
City Engineer
Prepared by,
Paul H. Williamson
Real Estate Manager
s:llegallour documentslordinancesll 1lmazrouei - amending ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO.
2010-226 ("ORIGINAL ORDINANCE"), PERTAINING TO THE ACQUISITION THROUGH
AGREEMENT OR EMIlVENT DOMAIN OF VARIABLE WIDTH SANITARY SEWER
EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS, BY REPLACING
CERTAIN LEGAL DESCRIPTIONS CONTAINED THEREIN, BE1NG LOCATED WITHIN
LOTS 4 AND 5, BLOCK 7, COLLEGE VIEW ADDITION, AN ADDITION TO THE CITY
OF DENTON, DENTON COUNTY, TEXAS, ACCORDi1VG TO THE PLAT THEREOF
RECORDED IN VOLUME 1, PAGE 13, PLAT RECORDS, DENT4N COUNTY, TEXAS;
PROVIDING THAT, EXCEPT FOR SUCH LEGAL DESCRTPTION AMENDMENTS MADE
TO ATTACHMENT "l" OF THE ORIGINAL ORDINANCE, ALL PR4VISIONS AND
FINDINGS OF THE ORiGINAL ORDINANCE SHALL REMAIN VALID AND
SUBSISTING AND IN FULL FORCE AND CONTINUOUS EFFECT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton is currently caraying out sanitary sewer impravements
knawn as the Pecan Creek Interceptor - Phase II I'roject; and
WHEREAS, upon fiu-ther study it has been determined that for the mutuai benefit of the
City of Denton and an affected property owner, namely Hamed Mazrouei, the precise Iocation of
the proposed sewer line be adjusted northward;
WHEREAS, such design adjustment requires that the metes and hounds legal
descriptions of both the perinanent sanitary sewer easement tract and the temporary construction
easement tract as set forth in the Original Ordinance be revised to accommodate and establish the
new location of the permanern sanitary sewer easement and the related temporary construction
easement; N4W, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY QRDAINS:
SECTION 1: The findings and recitations contained in the preamble of this ordinance
are incorparated herein by reference.
SECTION 2: The OriginaJ Ordinance is hereby amended by deleting in its entirety those
traets of real property described in Sheets 16 of 36, 17 of 36, 18 of 36, 19 of 36, and 20 0f 36, of
Attachment 1 of the Original Ordinance, passed and approved by the City Cauncil of the City of
Denton on Octaber 19, 2010, and are replaced by those certaxn tracts described and depicted in
Supplemental Attachment "1", attached hereto and made a part hereof far alI purposes.
SECTION 3: Except as expressly atnended by this Ordinance, ail provisions and
findings of Ordinance No. 2010-266 shall be unaltered and unchanged and shall remain valid and
sttbsisting and in full force and effect from and after the effective date thereof.
SECTION 4: This ordinance shall become effective immediately upon its passage and
approval.
PASSED ,AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITIr SECRETARY
BY:
APPROVED AS 'I'O LEGAL F'ORM:
ANITA BURGES5, CITY ATT4RNEY
BY: ~ (2
~
Ordinance - Suppiemental Attachment "1"
~ Sheet 16 of 36
, ,
rtiur Surveying Co., --nc.
~
ProFess.~omlaz J.aa~cc~ ve,yro-rs
P.O. Box 54 , Lew7svilie. 2'eaas 75057
Of€ice: (972) 221-9439 - Faa: (972) 221-4675
SANYTARY SE'VVER E.ASEl@'ENT
0.207 !~CRE, 5
CI''I'~ OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain tot; tract or parce( of land situated in the Buffalo Bayou, Brazos and
Cotorado RaiI;oad Company Survey, Abstract Number 185, City of Denton, Denton County,
Texas, and being a part of that certain tract of land described in deed to Haaazed Mazrouei,
recorded under Instrument Number 2008-64588 of the Official Fublzc tZecords of Denton County,
Texas, and aIso being a part of Lot 4, Blocfc 7, College View Addition, an addition to the City of
Denton; Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of
the Plat Records of Denton County, Texas, and being more particularly described as follows:
BEGINN-WG at a%x inch zron rod found at the rnost easterly northeast comer oF said Mazrouei
tract and the southeast corner of that certain tract of land described in deed ta Maraarita
Turrabiartez, recorded under County Clerk's File Number 97-R0458223 of the Offieial Public
gecords af Denton County, Texas, said_point being in the west line ofNorth Bradshaw Street, a
public roadway;
7CHEN+CE South 04 degrees 32 minutes 26 seconds West, with the west line of said Nortl2
Bradshaw Street, a distance of 19.54 feet to a 100-D Nail found fQr ths northeast comer of that
certain tract of land described in deed to 3ose Angel De La Rosa and wife, Rosa MarBa De La
Rosa, recorded under County Clerk's File Number 97-R0011423 of the Qfficial PubtPC Records
of Denton County, Texas;
TECENCE North 89 degrees 10 minutes 52 seconCS West, with the north line of said De La Rosa
tract, a distance of 16.14 feet to a point for eorner;
THE1VCE over, across and through said Mazrouei tract the following three (3) cal.(s:
North 88 degrees 21 minutes 29 seconds West, a distance of 108.77 feet to a point for
corner;
North 63 degrees 53 minutes 41 seconds West, a distance of 154.86 feet to a point for
comer;
North 90 dejrees 00 minutes 00 seconds West, a distance of 64.25 feet to apoint an the
west line of said .Mazrouei tract from which a'/z inch iron rod found bears Sorath 00
degrees 03 minutes 11 seconds VJest, a aistance of 21.75 feet;
'I'HENCE North 00 dea ees 03 minutes 11 seconds East, with the west line of said Mazrauei
tract, a distance of 30.00 feet to a po'snt for correr;
c:12008\cod\pecaa creek interceptor3ldwg\241169_esmcl-revised-3.doc
Ordinance - Supplemental Attachment "1"
Sheet 17 of 36
rt -iur Surveying Co., ~ neo
T!r-.Fessio'=ad I-and surveyox~s
P.O. Box 54 - Lewisville, Teaas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
THENCE over, across and through said Mazrouei tract the following two (Z) ca11s:
South 90 degrees 00 minutes 00 seconds East, a distance of 71.17 feet to a point for
corner;
South 63 degrees 53 minutes 41 seconds East, a distance of 145.73 feet to a point for
cosner the west line of said Turcubiartez 4ract;
'FHE1lTCE South 01 degree 29 minutes IS seconcis West, with ttie wesi line of said 'Furrubiartez
tract, a distance of 14.20 feet to a"X" found ,for the southwest corner thereof;
TffENCE Sorath 88 degrees 21 zninvtes 29 seconds East, with the south line of said Turrubiartez
tract, a distance of 126.71 feet to the ~OINT OF BEGENNNING, and cantaining 4.207 acres of
land, more os tess.
~ J~j
~ .
c:12008\codlpec?., creek interceptor 3\dwg\291169_esmti-revised-~5.boc
Ordinance - Supplemental Attachment "1"
Sheet 18 of 36
\ r
i rt. lur Surveying Co., ~ nc.
PZ-Ofes,.~mna.~' .~,2 d S r.x reyoz5
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 - Faa: (972) 221-4675
'F'EW0&2ARI' CCDNS1RTiTCTION EASEMENT
0.210 ACRES
CITY OF DLNTON, DE1lTTON COUNT'Y, TEXAS
BEING all that certain Iot, tract or parcel of land situated in the Buf'ralo 3ayou, Brazos and
Colorado Railsoad Cornpany Survey, Abstract Number 185, City of Denton; Denton County,
Texas, and being a part of that eertain tract of land deseribed in deed to Hacraed Mazrouei,
recorded under Instrument Number 2008-645$8 of the Official Pub9ic Records of Denton County,
Texas, and also being a part of Lots 4 and 5, Block 7, Coilege View Addition, an addition ta the
City of Denton; Denton County, Texas, according to the plat thereof recorded in Volume 1, Page
13 of the Ptat Records of Denton County, Texas, and being more garticularIy described as
follows:
BEGEi1IONG at a point for corner in the west line of that certain tract of larid described in deed
to Margarita Tusa-abiartez, recorded undeF County Clerk's Fzle Number 97-R0058223 0f the
Official Public Records of Denton County, Texas, from which a"X" found at the southwest
comer thereof bears South Ol degree 29 minutes 15 seconds West, a distance of 14.20 feet, said
point being at an inner "eil" corner of sazd Mazroaei tract;
'x`BENCE over, across and ttirough said 1Vlazrouei tract the follow$na two (2) calis:
North 63 degrees 53 minutes 41 seconds West, a distance of 145.73 feet to a point for
corner;
North 90 degrees 00 rninutes 00 seconcls West, a aistance of 71.17 feet to a point in the
west line of said Mazrouei tract;
THENCE North 00 degrees 03 minutes 11 seconds East, with the west line of said 1Vlazrouei
tract, a distance of 30.00 feet to a point for comer;
'Y'HENCE over, across and through said Mazrouei tract the folflowing two (2) caIIs:
South 90 degrees 00 minutes 04 secomds East, a distar►ce of 78.10 feet to a point for
corner;
South 54 degrees 35 minutes 09 seconds East, a distance of 152.23 1eet to a point im ihe
west lane of saFd Tumibiartez tract;
THENCE South 01 degree 29 minutes 15 seconds West, with the west line af said Turrubiatcez
tsact, a distance of 5.91 feet to the P4INT OF B~GEqNING, and containing 0.114 acces of land,
mose or less.
~
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Basfs of beoring is bosed on fhe City of
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L1NE TABLE
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S00'32'26"W
79.54' ~
L2
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I 16.14' ~
L3
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L4
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74.20' ~
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5.97' I
L6
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I 30.00' I:
L7
I S00'03'11 "W
I 27.75' 1
Temporary Con.s~aetaon Esm$.
ary
( 0.110 Aeres
S90'00'OQAE
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- - Inst. No. 2008-64588
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Rosa Maria De La Rosa
CC No. 97-R0011423
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PEC~ C~E
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Lega1 Department
CM/DCM/ACM: Anita Burgess, City Attorney
SUBJECT: Consider approval of a resolution of the City Council of the City of Denton, Texas
establishing guidelines for persons submitting comments and specific redistricting proposals; and
providing an effective date.
BACKGROUND: The City Council has certain responsibilities for redistricting under the
federal and state law, as well as the City Charter. This Resolution establishes guidelines relating
to persons who have specific redistricting plans they wish the City Council to consider.
OPTIONS: Approve, deny, or table the action.
RECOMMENDATION: Staff recommends approval of this Resolution.
Respectfully submitted,
i ,
s,
Anita Burgess, City Altorney
S:ALegal\Our pocumentsWliscellaneous\11\041911 A1S Guidelines.doc
s:Alegal\our documents\resohitions\11\redist 2011 city of denton resolutiori adopting guidelines (00512707) (2) 041111. docx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING COMMENTS AND
SPECIFIC REDISTRICTING PROPOSALS; AND PRC►VIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has certain responsibilities for redistricting under federal
and state law including, but not limitcd to, Amendments 14 and 15 to the United States
Constitution, U.S.C.A. (West 2006) and the Voting Rights Act, 42 U.S.C.A. § 1973, et seq.
(West 2003); and Tex. Gov't Codc Ann. 2058.001 and 2058.002 (Vernon 2008); and
WHEREAS, the City Council has certain responsibilities for redistt-icting under the City
Charter; and
WHEREAS, it is necessary to provide for the orderly consideration and evaluation of
redistricting plans which may come before the City Council; and
WHEREAS, these guidelines relate to persons who have specific redistricting plans they
wish the City Council to consider; and
WHEREAS, the City Council welcomes any comments relevant to the redistricting
process; NOW, THF..',KEFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. In order to make sure that any plan that might be submitted is of maximum
assistance to the City Councii in its decision making process, the City Council hereby sets the
following guidelines:
1. Proposed plans must be submitted in writing and be legible. If a plan is submitted
orally, there is significant opportunity for misunderstanding, and it is possible that
errors may be made in analyzing it. The City Council wants to be sure that all
proposals are fully and accurately considered.
2. Any plan must show the total population and voting age population 1or Blacks,
Hispanics, Asians, and Ang1o/other for each proposed City Council district based
on 2010 Census Data. If a plan is submitted without a population breakdown, the
City Council may not havE sufficient information to give it full consideration.
3. Plans sllould redistrict the entire City of Denton. The City Council will be
considering the effect of any plan on the entire City. Also, the City Council is
subject to the Voting Rights Act, which protects various racial and language
minorities. Thus, as a matter of federal law, the City Councii will be required ta
consider the effect of any proposal on multiple racial and ethnic groups. If a plan
does not redistrict the entire city, it may be impossible for the City Council to
assess its impact on one or more protected minority groups.
s:Alegal\our docuinents\resolutions\11\redist 2011 city of dcnton resolution adopting guidelines (00512707) (2) 041111. docx
4. Plans should conform to the criteria the City Council will be using in drawing the
Councilmember Districts.
5. Comments inust be submitted in writing and be legible, even if the person aiso
makes the comments orally at a public hearing.
6. Persons providing comments and those submitting proposed plans must identify
themselves by fu11 name, home address, provide a phone number and, if available,
an email address. The City Council may wish to follow up on such comments or
obtain additional information about subrnitted plans.
7. All comments and proposed plans must be submitted to the City Council by the
close of the public hearing.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PA5SED AND APPROVF.,D this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
~
~BY: Page 2
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Legal Department
CM/DCM/ACM: Anita I3urgess, City Attorney
SUBJECT: Consider approval of a resolution of the City Council of the City of Denton, Texas
adopting criteria for use in the Redistricting 2011 process; and providing an effective date.
BACKGROUND: Upon review of the 2010 Census data, it appears that a population imbalance
exists requiring redistricting of the City Councilmember Districts. The Resolution establishes
redistricting criteria for Denton's redistricting efforts.
OPTIONS: Approve, deny, ar table the action.
RECOMMENDATION: Staff recommends approval of this Resolution.
Respectfully submitted,
Anita Burgess, City Attorney
S:AL.egal\Our pocumentslMiscellaneousU 1\04191 1 AIS Criteria.doc
s:Alegal\oUr documentsVesolutions\1 IVedist 2011 city of denton resolution adopting criteria (00512706) (2) 0411 ] l.docx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ADOPTING CRITERIA FOR USE IN THF, KEDISTRICTING 2011 PROCESS; AND
PROVIDINC'1 AN EFFECTIVE DATE.
WHEREAS, the City Council has certain responsibilities for redistricting under federal
and state law, including but not limited to, Amendments 14 and 15 to the Uiuted States
Constitution, U.S.C.A. (West 2006) and the Voting Rights Act, 42 U.S.C.A. § 1973, et sey.
(West 2010); and Tex. Gov't Code Ann. 2058.001 and 2058.002 (Vernon 2008); and
WHFREAS, the City Council has certain responsibilities for redistricting under the City
Charter; and
WHEREAS, on review of the 2010 Census data, it appears that a population imbalance
exists requiring redistricting af the City Councilmember Districts; and
WHEREAS, it is the intent of the City to comply with the Voting Rights Act and with all
other relevant law, including Shaw v. Reno jurisprudence; and
WHEREAS, a set of established redistricting criteria will serve as a frameworic to guide
the City in the consideration of redistricting plans; and
WHEREAS, established criteria will provide the City a means by which to evaluate and
measure proposed plans; and
WHEREAS, redistricting criteria will assist the City in its efforts to comply with all
applicable federal and state laws; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HERFBY RESOLVES:
SECTION l. The City of Denton, Texas, in its adoption of a redistricting plan for City
Councilmember Districts, will adhere to the foliowing criteria:
Where possible, easily identifiable geographic boundaries should be followed.
2. Cornmunities of interest should be maintained in a single district, where passible,
and attempts should be made to avoid splitting neighborhoods.
3. To the extent possible, districts should be composed of whole voting precincts.
Where this is not possible or practicable, districts should be drawn in a way that
permits the creation of practicai voting preeincts and that ensures that adequate
facilities for polling places exist in each voting precinet.
4. Although it is recognized that existing districts will have to be altered to reflect
new population distribution, any redistricting plan should, to the extent possible,
be based on existing districts.
5. Districts must be configured so that they are relatively equal in total population
according to the 2010 federal census. In no event should the total deviation
between the largest and tlle smailest district exceed ten percent.
s:Alegal\our documents\resolutions\1 1\redist 2011 city of denton resolution adopting criteria (00512706) (2) 041111 .docx
6. T11e districts should be compact and composed of contiguous territory.
Compactness may contain a functional, as well as a geographical dimension.
7. Consideration may be given to the preservation of incumbent-constituency
relations by recognition of the residence of incumbents and their history in
representing certain areas.
8. The plan should be narrowly tailored to avaid retrogression in the position of
racial minorities and language minorities as defined in the Voting Rights Act with
respect to their effective exercise of the electoral franchise.
9. The plan should not fragment a geographically compact minority cornmunity or
pack minority voters in the presence of polarized voting so as to create liability
under section 2 of the Voting Rights Act, 42 U.S.C.A. § 1973.
SECTION 2. The City Council wi11 review all plans in light of these criteria and wi11
evaluate how well each plan conforms to the criteria.
SECTION 3. Any plan submitted to the City Council by a citizen for its consideration
should be a complete plan-i.e., it should show the full nuunber of City Councilmember Districts
and should redistrict the entire District The City Council may decline to consider any plan that
is not a complete plan.
SECTION 4. All plans submitted by citizens, as well as plans submitted by staff,
consultants, and members of the City Council should canform to these criteria.
SEC I'ION 5. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
, 201 l.
MARK A. BURROUGHS, MAYOR
a'rTLST:
JENNIFER WAL"I'ERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
~
ut')
BY: J,~,
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, ?O11
DEPARTMENT: Finance
ACM: Jon Fortune ~
SUBJECT
Consider approval of a resolution authorizing the City Manager to submit an offer to Denton
County for the Purchase of a?-acre tract, more or less, of real property situated in the Hiram
Cisco Survey, Abstract No.1184, Denton County, Texas; and providing an effective date.
BACKGROUND
In their meeting of February 24, 2011, the Denton County Commissioner's Court approved the
specifications for sale and authorized the advertisement for sale of the subject 2 acre tract.
Denton County staff has been directed by the Court to seek sealed bids as a mechaiusm to
dispose of property. The property tract is located in close proYimity to City of Denton lands and
an acquisition of the tract by the City would complement the pro"rammint" and operations of
Main City Hall, the Civic Center and Quakertown Park and will provide space to accommodate
ancillary muiucipal purposes and/or serve as a catalyst for future transit oriented development,
going forward.
RECOMMENDATION
Staff endorses approval of the Resolution.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Closed Session Briefing on March 8, 2011.
City Council Closed Session Briefing on April 5, 2011.
FISCAL INFORMATION
Earnest Money Deposit of 5% of Bid Amount.
EXHIBITS
1. Resolution
Denton County Bid RFP 01-11-2075
Respectfully submitted,
pPaul Williamson
Real Estate Manager
s:Alegal\our documents\resolutions\11\offer to purcliase resoltation - 2 00 acre denton county tract.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN OFFER TO
DENTON COUNTY FOR THE PURCHASE OF A 2-ACRE TRACT, MORE OR LESS, OF REAL
PROPERT'Y SITUATED IN THE H1RAM CISCO SURVEY, ABSTRACT NO. 11$4, DENTON
COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Denton County, a political subdivision of the State of Texas is presently
soliciting proposals far a purchase and sale transaction oFan approxiinate 2 acre tract of land awned
in fee by I)enton County; and
WHEREAS, the City of Denton, a political subdivision located within Denton County,
Texas, duly organized and authorized under the laws of the State of Texas, desires to submit an offer
to purchase the subject 2-acre tract, more or less, for municipal purposes; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON IIEREBY RESOLVES:
SECTION l. Ail matters stated in the Preamble are found to be true and correct and are
hereby incorporated into the bady of this Resolution as if copied in their entirety.
SEC'TION 2. The City Manager, or his designee, is hereby authorized to submit a sealed-bid
propasal conforming to the requirements of the Denton County "Bid RFP O 1-11-2075", attached
hereto and made a part hereof for all purposes.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FOKM:
ANITA BURGESS, CITY ATTORNEY
BY:
~
C3Fynion Countv
Solicitation RFP 01-11-2075
F3id FZF P 01..11..?075
Sale af Real Property - McKirrney Street
Properties
i,
ye
Dentan Caunty
I`r-:b 25 2011 4 35 54 PM CS'1" p 1
l7(-.ntarr Coun(y
Bid RFP 01-11-2075
Sale of Real Property - McKinney Street Praperties
Bid Number RFP 01-11-2075
Bid Title Sale of Real Property - McKinney Street Properties
Bid Start Date In Held
Bid End Date May 2, 2011 2:00:00 PM CDT
Question &
Answer End Apr 18, 2011 2:00:00 PM CDT
Date
Bid Contact Annet Warzwick
Contract Administrator
940-349-3146
dnnet.Warzwick@dentoncounty.com
Description
Unless otherwise noted, there is no charge to the vendor to participate in this solicitation.
E3id FtE"F' 01-11 2075
Denton County Commissioners Court has established the minimum bid amount far sale of the property at $1,000,000.
Denton County reserves the right to reject any or all bids, in whole or in part, to waive any informality in any bid, and
to accept the bid which, in its discretinn, is in the best interest of Denton County.
All proposals must be sealed and received at Denton County Purchasing Department, 401 West Hickory, Suite 324,
Denton, TX 76201 no later than date and time listed above.
This is a PAPER ONLY solicitation and submittal requirements are included in the specifications.
Fet5 25 2011 4 35 54 PM C':ST
C?,nton County E?id flFiD 01-11 -2075
Property for Sale
Denton County
SEC of McKinney and Oakland Streets
Main Building Fronting McKinney Street Aeria) View of Property
Property Description:
•
Property Type:
Office/General Commercial
•
Class:
Cammercial
•
Zaned:
Dnwntown Commercial General (DC-G)
•
Address:
300 E. McKinney St. and 319 E. Oak St., Dentan, TX
•
Buildings Sizes:
7,868 SF Office Building
1,887 SF General Commercial Building
1,829 SF Residence (no historical value)
1,956 SF Former Service Station (tanks removed)
•
Lot Size:
Rpproximately 2.00 aeres (87,120 SF)
•
Year Built:
Constructed 1960/1970 with Periodic Rehabilitation
•
Stories:
1
•
Parking:
30,000 SF, Mixed Concrete/Asphalt
•
Parcel No:
Tracts 85-92, H. Cisco Survey, Abstract 11$4
Property Features:
• Corner lacatian with frantage on three sides. McKinney, Oak and Oakland Streets
• 9,755 SF of net rentable low cost-avg commercial building space
• Apprnximately 30,000 SF, mixed concrete/asphalt paved parking/drive areas
` Gas tanks removed and TNRCC cleared February 1996 frnm 1,956 SF Former Service Station
• Asbestos abatement performed in January 2006 on the 7,868 SF Office Building
Infarmatinn available at www.dentoncauntv.com ar Denton County Purchasing - 940-349-3130
Sealed Bids due no later than 2:00 p.m. on Monday, May 2, 2011
Minimum Bid $1,000,000.00
Fek> 25 2011 435 54 PM CS'1"
D,r7L«r7 ,C.,ourltti
DENTON COUNTY, TEXAS
REQUEST FOR PRUPOSAL
SALE OF ItEAL PROPERTY-
1VICKINNEY STREET PROPERTIES
RFP #02-11-2075
[3id Rl:P 01-11-2075
i°eb 25, 2011 4 ''35 54 F'M GS'T p 4
DE=r7ton C;ulanFy C>id F2FF' ;+'i 11 2075
llENTON COUNTY
SALE OF REAL PROPERTY
RFP 402-11-2075
Real Property - 2.00 Acres - 300 E. McKinney St and 319 E. Oak St - Denton TX.
The Denton County Commissioners Caurt has given natice of intent to sell a parcel of
real property, described herein, by sealed proposal. All seaied proposals must be
received by the Denton County Purchasing Dcpartment, located at 401 W. Hickory,
Suite 324, Denton, Texas 76201, no later than Mondav. Mav 2, 2011, at which time
all timely received proposais will be received and publicly acknowledged at the
location, date, and time stated above. Offerers, their representatives and interested
persons may be present. Proposals shall be received and acknowledged only so as to
avoid disclosure of the contents to competing offerers and kept secret during the
negotiation/evaluation process. However, all proposals shall be open for public
inspection after the contract is awarded, except for trade secrets and confidential
information contained in the proposal so identified bv offerer as sucli. All references
to bid or proposal are utilized interchangeably throughout this docurnent.
2. Proposals must be in a sealed envelope and labeled as follows: Sale of Real Property -
McKinney Street Properties, RrP #02-11-2075. Late bids will not be received under anv
circumstances. The Denton County Comrnissioners Court may reject any and all bids
submitted as it deems to be in the best interest of Denton County.
3. The intent of this RFP is to solicit proposals f'or the sale of property described herein.
Denton County Cominissioners Court has the sole discretion of deterrnining the best
value for the county. It is understood that Denton County, reserves the right to accept
or reject any and/or all proposals as it shall deem to be in the best interest of Denton
County. Receipt of any proposai shall under no circumstances obligate Denton
County to accept the highest proposal. The award of the contract shall be made to the
responsible offerer whose proposal is deterinined to be the best evaluated offer
resulting from 17egotiation, taking into consideration the relative iinportance of price
and other evaluation factors set foi-lh in the request for proposal.
The Denton County Cominissioners Court is authorized to sell real property by utilizitlg
the sealed bid proceciure in accordance with Texas Local Government Code § 263.007
for a public purpose in accordance with Texas Local Government Code §263.006. "I,he
parcel of real property offered for sale by sealed proposal is described as follows:
Commercial Facility and Excess Land SEC McKinney Street and Oakland
Street City of Denton, Denton Caunty, TX
ZONING: Mixed Use (DC-G)
IMPROVEMENTS: Low Cost-Avg Class C Cominercial Faciliry with 9,755 SF Net
Rentable Area (excludes buildings offering no cotltributory vallle).
r~eb 27 2011 4 35 54 PM rS.l
C)t=,rrfon (;o«nty
[.iici ("2{="P 01-11-2075
5. LEGAL DESCRIPTION: Tl7e subject is a 9,755 SF (NRA) coininercial facility and site
improvements an 2.00 acres (87,120 SF) of land. The property is located at the southeast
corner of McKinney Street and Oakland Street. The subject property is legaily described as
2.00 Acres in the H. Cisco Survey, Abstract No. 11840, City of Denton, Denton County,
Texas.
6. 1f bidding on this property, a Contract for Sale of Real Estate must be completed stating
the identity of the property along with a check in the amount of five percent (5%) of the
bid amount for each property bid upon.
Bids must give the fuil name, address and telephone number of the bidder on the bid
sheet provided. Failure to manually sign will disquaiify the bid. All bids shall be
submitted on the bid sheet attached hereto. The attached Letter Agreement must also be
completed, signed and returned with your bid.
A bid cannot be altered or amended after opening tiine.
The parcel of real property described above may be viewed by contacting Dale Nelson,
Denton County Facilities, 940-349-2970. Bidder acknowledges that Denton County and
the Denton County Coinmissioners Court have provided Bidder with the oppartunity to
inspect the property prior to bidding on and/or purchasing the property and the Bidder
has or has not so inspected the property at his, or her, sole discretion. Bidder
acknowledges that the decision to purchase the above described property is entirely their
own and that the Bidder has not relied on any representation or warranty made by any
officer, empioyee or agent of Denton County or the Dentan County Commissio»ers Court
in deciding to purchase the property. Each bidder sliall be held to have examined the
property under consideration and confirm that he, or she, fully understands and is
cognizant of all factors related to the sale of the parcels of real property. Each bidder is
required to determine value before bidding.
10. Notice of award, if any, will be made in writing by the Dentan County Commissioners
Court, and the Denton County Commissioners Court has the right to reject any and all
proposais subtnitted. In addition, the Denton County Colnmissioners Court may accept
or reject all or any part of any bid, waive minor technicalities and award the bid to the
highest responsible bidder on the property.
11. The bidder shall close on the transaction within 30 business days of notice froin tlle
Denton County Commissioners Court ofthe award of bid. The successful bidder will be
respol7sible for closing costs associated with the transaction, if any, and apy i-ea1 estate
fees that may be incurred by the Buyer as stipulated to in the attached Contract for Sale
of Real Estate, The Contract for Sale of Real Estate must be compieted, signed and
attached to the bid along with the required five percent (5%) of the bid amount for the
property bid upon by Bidder.
rc:b 25 2011 4 :35 54 P^✓1 C;ST p 6
D<;nlon Gourity
Bic1 Fdf="F' 01 11 -.12075
12. By policy approved by the Denton County Commissioners Cou►•t, no Denton County
Purchasing Department employees or their immediate family may bid on property sold
through a Sealed Bid Sale. Denton County Purchasing Depar-tment employees may not
knowingly purchase or receive mercha»dise through a third party through a Seaied Bid
Sale.
13. No public official shail have any interest in this contract, except as permitted by Chapter
171, Texas Lacal Governinent Code.
14. All property is offered "AS IS" WITH THE EXPRESS STIPULATION THAT
EACH BIDDER UNDERSTANDS THERE ARE NO EXPRESS OR IMPLIED
WARRANTIES BY DENTON COUNTY OR THE DENTON COUNTY
COMMISSIONERS COURT, AS TO THE PARCEL OF REAL PROPEI2TY
LISTED ABOVE. THE PAYMENT OF ALL AD VALOIZEM TAXES AND ANY
OTHER ENCUMBRANCES, LIENS OR OTHE12 CHARGES LEVIED OR
ASSESSED AGAINST THE ABOVE DESCRIBED PARCEL OF REAL
PROPERTY. The successfui bidder who purchases the above described parcel of real
property shall dcfend, indemnify, and save harmless the Denton County and the Denton
County Cainmissioners Court from and against any and all liability, losses, attorney's
fees or expenses of whatever nature or character arising out of or occasioned by any
claim or suit for damages, on account of injury to or the death of any person or datnage to
any property resulting frorr► the use ofthe property sold hereunder, no matter who may be
using the property at the time injury or damages occur. This indemnity survives the
closing of his transaction.
15. The apparent silence of the specifications as to any detail ar to the apparent omission from
it of a detailed description concerning any point, shall be regarded as meaning that only
the best commercial practices are to prevail. All interpretations of these specifications
shall be made on the basis of this statement.
16. It is the Bidder's responsibility ta prornptly notify the Denton County Director of
Purchasing of all conflicts, errors, ambiguities, or discrepancies which bidder has
discovered in the bid specifications or between the contract for purchase of the above
described parcels of real property and such other related documents.
17. WITHDRAWAL OF PROPOSAL: A proposal may not be withdrawn or cancelled by
thE offerer for a period of ninety (90) days following the date designated for the receipt of
proposal, and offerer so agrees upon submittal of their proposal. Dei7tan County reserves
the right to properly inspect and appraise any propcrty offered for exchange.
18. Denton County Cammissioners Court has established the minimum bid amount for sale
af the propei-ty at $1,000,000.
I" eb 25, 2011 4.:35 54 PM C;ST 1, ?
C1s:nton C;ouniy
PROPOSAL FORM
SALE OF REAL PROPERTY
RFP #02-11-2075
Property Description Proposal Earnest Maney
Contract
Enelosed?
2.00 acres
McKinney Street Properties
Company Nalne Authorized Signature
Address Name (Printed or Typed)
City, 5tate, Zip Title
Phone Date
Fax E-Mail
Federal ID Number (Required if applicable)
Earnest
Money
Enclased?
C3id Fi'C`!' U1 "11-2075
Feb 25 2011 4 35 54 F'M C:ST 8
C7enton Courfiy
AERIAL BUILIJING DEPICTION
C3iti R((' 01-11-2.07',~
General Descriptian: The subject is a cammercial facility with four buildings on the site. The
building area is summarized as follaws:
7,868 SF Office Building
1,887 SF General Cammercial Building
1,829 SF Residence
1,956 SF Former Service Station (Tanks removed)
13,540 SF
(=t;b 25. 2011 4 :i5 5,.1 i'M t;`il" p 9
C7<-=ntan GouMy E3icj Rf F' 01-11 7075
CONTRACT FOR SAI.E OF REAL ESTATE
This Contract for Sale of Rea1 Estate ("Contract") far real property described herein, is hereby
made by and entered in ta between DENTON COUNTY, TEXAS ("Seller") and
("Purchaser").
ARTICLE I.
THE PROPERTY
Subject to the terms and provisions of this Contract, Seller agrees to sell and convey to
Purchaser, by Special Warranty and Deed, and Purchaser agrees ta purchase from Seller that certain
parcel of real property described below and hereinafter referred to as the "subject property." The
subject property is described as follows:
LEGAL DESCRIPTION: The siibject is a 9,755 SF (NRA) commercial facility and site vmprovements
on 2.00 acres (87,120 SF) of land. The praperty is located at the southeast corner of McKinney Street and
Oak Street. The subject property is legally described as 2.00 Acres in the H. Cisco Survey, Abstract No.
11840, City of Denton, Derrton County, Texas.
This sale inciudes: ali easements, rights of way, licenses, rights, hereditarnents, privileges, and
interests iri any way affecting or serving any or all of the subject property. Seller will execute and
deliver to the buyer, at closing of'the saie or thereafter on demand, all proper instruments for the
conveyance of title.
ARTICLE II.
PURCHASE PRICE
It is understaod and agreed by the parties that this conveyance is to be made and the purchase
price of .
The consideration is to be paid as follows: five percent (5%) of the entire purchase price in
cash, to be paid in escraw as earnest rnoney upon execution of this cantract the balance of the
purchase price to be paid at closing by purchaser.
For the purpose of securing the performance ofthe Purchaser under the terms and provisions
of this Contract, Purcliaser, shall submit the earnest money with the bid. If the Purchaser's bid is
accepted, Seller, within (5) days from the date this Contract is fully executed, shall deliver to the titie
cornpany, identified below, as Escrow Agent, the surn of $ Earnest Maney,
together with a copy of this agreement. On completion of this sale, if consummated, the earnest
money and all interest accrued thereon shall be credited against the down payment provided above,
and shall be paid over to selrer by the escrow agent.
Feb 25 20 11 4 ;35 54 FM C;•`~i7
I)r>r71on C;otanly
ARTICLE III.
TITLE, SURVEY AND TESTS
F.3id U(' 01-1 1 -2075
Seller, within 30 days frorr► the date on which this contract has been fully executed, shall
cause to be furnished to Purchaser a current commitment for owner policy of title insurance issued by
, describing the land, which Cegal description,
unless modified by the survey referred to in this contract shall be deemed incorporated into this
contract, and accompanied by copies of a(1 recorded instruments referred to in the comtnitment as
conditions or exceptions to title to the Property.
With regard to the standard printed exceptions and other exceptians generally included in a
commitment, (i) the exception for restrictive covenants shall be annotated either "None of Record" or
"None of Record except ...(restrictions lrsted), "(ii) the exception for ad valorem taxes shall reflect
only taxes for the current year and shall be aiviotated "not yet due and payable," (iii) there shall be no
exception for "visibie and apparent easements," far "pubiic or private roads" or the like, except if
reference is made to a specified survey and a specified unrecorded exception shown on the survey,
(iv) there shall be no exception for "rights of parties in possession" and (v) the exception for area and
boundaries shall be annotated to show that the boundary portion of the exception wi11 be deleted at
closing.
Should the cornmitment show the condition of title to be objectionable, and in the event
purchaser so objects, Seller shall promptly undertake to eliminate or modify all such objectionabie
inatters to the reasonable satisfaction of Pul°cllasei°. In the event Seller is unable to do so within 10
days after receipt of written notice, this Agreement shall be null and void for all purposes and all
earnest monies previously deposited shall be returned by the title company to Purchaser, and
thereupon both Seller and Purchaser shall be released from ail obligations to each other under this
contract; otherwise the condition shall be deemed to be acceptable and any objection to the condition
shall be deemed to have been waived for all purposes.
Se11er also agrees to notify Purchascr of any title encumbranees other than those contained in
the contract of sale as permitted exceptions, and to furnish copies of those encumbrances, whether or
not they are Iisted in the title comm'rtment.
Purchaser, at Purchaser's sole cost and expense, may ordel• and cause ta be delivered to
Purchaser and the title company named abave, 10 days prior to closing a current survey of the
property, staked on the ground, showing the Iocation of all improvements, highways, streets, roads,
fences, easements, drainage ditches, rights-of-way, creeks, and water courses on or adjacent to the
property, if any, for purposes of deleting from the title policy to be issued the printed exceptions as to
discrepancies, conflicts, or boundaly line encroachments. The survey shall cantain the surveyor's
certification that there are no encraachments on the property and shall set forth the number of total
acres and the number afacres comprising the property, together with a metes and baunds description
of the property. The term "net acres" shall mean the number of acres contained within the boundaries
of the subject property, exclusive of any land lying within easements, right-of-way, encroachments,
creeks, ar other water courses and shall be calculated to the nearest one thousandth of an acre. The
survey report and findings af the surveyor must be acceptable to escrow agent and Purchaser and
FGb 25. 2011 4 315 54 F'M CSl' Ga 11
Dentnn COLinty
satisfy all requirements of this contract.
A12TICLE IV.
REPRESENTATIONS
Bid RFF' 01--11-2075
Seller hereby represents and warrants to purchaser as follows, which represents and warranties
shall be deemed made by seller to purchaser also as of the closing date:
A11 property is offered "AS IS" WITH THE EXPRESS STIPULATION THAT
EACH BIDDER UNDERSTAND THERE ARE NO EXPRESS OR IMPLTED
WARRAIVTIES BY DENTON COUNTY OR THE DENTON COUNTY
COMMISSIONERS COURT, AS TO THE PARCEL OF REAL PROPERTY
LISTED ABOVE. THE PAYMENT OF ALL AD VALOREM TAXES AND
ANY OTHER ENCUMBRANCES, LIENS OR OTHE12 CHARGES LEVIED
OR ASSESSED AGAINST THE ABOVE DESCRIBED PARCEL OF REAL
PROPERTY. The successful bidder who purchases the above described parcel of
real property shail defend, indemnify, and save harmless the Denton County and the
Denton Caunty Commissioners Court from and against any and a11 liabiiity, losses,
attorney's fees or expenses of whatever nature or character arising out of or
occasioned by any claim or suit for damages, on account of injury to or dcath afany
person or damage to any property resulting from the use of the property soid
hereunder, no matter who may be using the property at the time injury or damages
occur. This indemnity survives the closing of his transactian;
• There are no defaults under any existing i77ortgages secured by the subjecttract and no
default shall be created because of this sale;
• There is no pending or threatened condemnation or simiiar proceeding or assesslrient
affecting the property or any part of the property, nor to the best knowledge and belief
of Seller is any such proceeding or assessment contemplated by any government
autharity;
• There are no parties in possession of any portion of the property as lessees, tenants at
sufferance, or trespassers;
• The property has fu(1 and free access to and from public highways, streets , or roads,
and to the best knowledge and belief of Seller there is no pending or threatened
governrnental proceeding which would impair or result in the termination af such
access;
+ No wark has been perfarmed or is in progress by Seller at and no materials have been
furnished to the land or improvements or any portion of them which might give rise to
mechanic's, niaterialmen's, or other liens against the land or irnprovements or any
portion of them.
r-en?5 2011 4.35 54 Pnn csr E~ 12
C7er7trm CounEy E3ic9 UP 01-11-2075
If prior to the clasing date Seller discovers ane or more of such representations to be untrue or
inaccurate, Seller will inform Purchaser in writing of the discovery. Seller's representations shall not
survive the closing except to the extent that Se11er has actual knowledge of an unh-uth or inaccuracy
and fails to reveal that knowledge to Purchaser prior ta the closing. Notwithstanding the immediately
preceding sentence, if within 10 days from the date this contract is fully executed Se(ler gives written
notice that any representation is incorrect, Seller shall not be bound by that representation; however,
within 10 days after seiler's delivery of notice to purchaser, PUrchaser may terminate this contract arrd
all earnest n7onies previously deposited with the title company shall be irnmediately returned to
Purchaser.
AI2TICLE V.
CLdSING
The closing shall be held at the office of
, on or
before , or at such time, date, and place as Seller and Purchaser
may agree ("closing date"). At the closing Seller shall:
Deliver to Purchasel• a duly executed and acknowledged special warranty deed
conveying good and marketable title in fee simple to all af the praperty, free and clear
of any and all liens, encumbrances, conditions, easements, assessments, and
restrictions, except;
(a) General real estate taxes for the year of closing and subsequent years not yet due
and payable;
(b) Any exceptions approved by Purchaser pursuant to Article II; and
(c) Any exceptions approved by Purchaser in writing.
Deliver to Purchaser a Texas Qwner's Titie Policy at seller's expense, issued by
, in Purchaser's favor in the full amount
of the purchase price, insuring Purchaser's fee simple title to the property subject only
to those title exceptions listed in Article VI, such other exceptions as may be
approved in writing by purchaser, and the standard prillted exceptions contained in
the usual forln of TeXas Owi7er's Title Policy, provided, 17owever:
(a) The exception as to the Iien for taxes shall be limited to the year of closing and
shall be endorsed "nat yet due and payable"; and
(b) The boundary and survey exceptions shall be deleted, if Purchaser elects to pay
for survey; and
(c) The exception as to restrictive covenants shall be endorsed "none of record."
Ftab 25 2011 4 35 54 F'M CST p 13
l7ent011 C;oLIrity
Deliver to Purchaser possession of the property. Purchaser shall:
1;3iCf C',FP 01-11-2075
(a) Pay in cash the balance of the purchase price and any ather costs agreed to be paid
Purchaser.
General real estate taxes for the then current year relating the pl°operty and rents, if any, shall
be prorated as of the closing date and shall be adjusted in cash at the closing. If the ciosing occurs
before the tax rate is fixed for the next current year, the appai-tionment of taxes shall be on the basis
of the tax rate for the next preceding year applied to the latest assessed vaiuation. Seiler shall pay for
purchaser's owner's title policy, tax certiticates, preparation of the deed, on-half of the escrow fee,
and the seller's own attorney's fees. Purchaser shall pay purchaser's surveyor and Purchaser's own
attoriiey's fees. Should there be any title curative i»strument, that iristrliment shall be prepared and
recorded at Seller's expense.
ARTICLE VI.
AUTHORITY
All parties ta this Contract warrant and represent that thcy have the power and authority to
enter into this Contract in the narnes, titles, and capacities stated in this Contract and on behalf of any
entities, persans, estates, or f irms represented or purported to be represented by that person, and that
all fortnal requirements necessary or required by any state and/or federal law in order for Seller to
enter into this Contract have been fully complied with. In addition, Seller hereby warrants and
covenants that Seller has the power and authority to sell the subject property, and that Seller
represents all persons ar parties that have any iegal or beneficial interest in and ta the subject pi•operty
or any part of the subject property.
ARTICLE VII.
SURVIVAL OF COVENANTS/ASSIGNMENTS
Any af the representations, covenants, warranties, and agreeme»ts of the parties, as weli as
any rights and benefits of the parties, that contemplate performance after the titne of closing of this
Contract shall not be deemed to be merged into or waived by the instruments of closing, but shall
expressly survive and be binding on the parties so obligated. This agreement shall be binding on and
inure to the benefit of the respective heirs, successors, and assigns of the parties. In this connection,
it is eXpressly ul7derstood that Purchaser shall have the right to transfer Purchaser's rights, privileges,
titles, options, and equities under this agreement on receiving seller's prior written approval, which
shall not be unreasonably withheld, to any person, partnership, limited partnership, or corporation,
and, on cioing so, purchaser's assignee shall succeed to all rights, privileges, titles, options, equities,
obligations and liahilities of Purchaser under this Contract, both tliose then accrued and those
thereafter to accrue, and will be and become the Purchaser of the property under this Contract, and
Seller will accept the performance by such assignee, as fully as if the assignee had been initially
named in this Contract as Purchaser.
ARTICLE VIII.
F=E;b 25 2011 4 35 54 f'M G>T p. '14
DFnton County Fiid RFP 01-11-'07.5
NOTICE
Any notice required or permitted to be given under this Contract by one party to the other
shall be in writing and shall be given and be deemed to have been served and given as if delivered in
person, to the address set farth below, on the party to whom notice is given, if placed in the United
States mail, postage prepaid, certified mail, return receipt requested, and addressed to the party at the
address specified below. The address for the Seller for all purposes contained in this agreement and
for notice under this agreement shall be: Ilonorable Mary Horn, Denton County Judge, 110 W.
Hickory, Denton, Texas 76201, with copy to Denton County Criminal District Attorney's Office -
Civil Division, 1450 E. McKinney Street, Suite 3100, Denton, Texas 76209. The address of the
Purchaser for all purposes contained in this Contract and for all notices hereunder shall
be:
ARTICLE IX.
TEXAS LAW
This Contract sha11 be construed under and in accordance with the laws of the State of `I'exas
and all obligations of the parties created under this Contract are performable in Denton County,
Texas. 1f any one or more of the provisions contained in this Contract shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not effect any other provision of this Contract, and this Contract shall be construed as if such invalid,
illegal, or unenforceable provision had never been coritained in this Col7tract.
ARTICLE X.
PARTIES BOUND
This Contract shall be binding on and inure to the benefit of the parties and their respective
heirs, executors, administrators, legal representatives, successors, and assigns, where permitted by
this Contract.
ARTICLE XI.
TIME OF ESSENSE
Time is of the essence in this Contract.
ARTICLE XII.
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement af the parties and supersedes any pi•ior
understandings or written ar oral agreements between the parties respecting the subject matter
contained in the Contract.
ARTICLE XIII.
GENDER
f"eb 25 2011 435 54 PM GST p 15
C)eriton Cnur[Y E3id (dFF' 01 11-2075
Words of any gender used in this Contract shall be heid and construed to include any other
gender, and words in the singular number shall be held to include the plural, and vice versa, wiless
the context requires otherwise.
ARTICLE XIV.
HEADINGS
The headings contained in this Contract are far reference pucposes only and shall not in any
way affect the meaning or interpretation of the Contract.
ARTICLE XV.
llEFAULT
On failure of Purchaser to complete this sale for reasons other than those provided by the
terms of this Contract, Seiler shall have the right to retain the earnest monies previously paid as
reasonable and foreseeable damages, and this Contract shall be null and void; and all obligations
under this Contract shall cease and terminate. Hurther, if title to the subject property is found
objectionable and is naC cleared within the time provided above, on the failure of any condition
precedent, representation, covenant, and/or warranty, or on tlle failure of Seller to comply with the
terms of this Coutract andlor complete this sale and purchase, Purchaser shali, at Purchaser's optioi7,
be entitled to receive on writtcn demand a refund of all earnest money previously deposited or paid,
and the escrow agent shall immediateiy return those deposits, releasing Seller from any liability or
obligation under the terms of this Contract on refund of the earnest mor►ey, and this Contract shall
terminate forever. Alternatively, Purchaser, at Purchaser's election, may enforce speciiic
performance of this Contract or be entitled to such other legal and/or equitable remedies as may be
available to Purchaser. 'I'he parties hereby agree to execute and release required by the escrow agent
to effect the refund.
ARTICLE XVI.
Feb 25. 2011 4 35 54 FIM t;S~~p 16
Denton County
TIME LIMIT
Bid RFP 01-11-207 5
In the event a fully executed copy of this Contract has nat been returned to Purchaser by 5:00
p.m. on , 2011. Purchaser shall have the right to terminate this Contract on
written notice to Seller. This Contract is executed in multiple originals, and any fully executed copy
shall constitute an original, effective as ofthe date and year provided below.
EXECUTED , 2011
PURCHASER:
SELLER:
Mary Horn, Denton County Judge
Feb 25. 2011 4 35 54 PM CST P 17
C7r~ritoi, C;c>tirity
Bici Rr=ra 01-11 z0r>
Questian and Answers for Bid #RFP 01-11-2075 - Sale of Real Praperty -
McKinney Street Properties
~~~~~LL BID QUESTIONS
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AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an Ordinance approving an Advance Funding Agreement for a Project
Usin(, Funds Held in the State Highway 121 Subaccount in the amount of $1,964,500.00
between the City of Denton and the State of TeYas for the design and installation of liitelligent
Transportation System Tninlc Lines at various locations in the City of Denton, authorizing the
City Manager or his designee to execute said Agreeinent on behalf of the City of Denton; and
declaring an effective date.
BACKGROUND
The City of Denton applied for regional toll revenue (RTR) funding froin S.H. 121 tolling
proceeds for several inajor transportation projects in August 2007. The following is a brief
timeline of some of the more sigiuficant milestones in tlus process:
• Iu August 2008, the City was notified that the Iutelligent Transportation SN-stem (ITS) Trunlc
Lines project (proti-iding ITS communication tninlc lines at ti-arious locations in the City of
Denton) was selected for RTR funding.
• Initially it was thought that this funding would be distributed to the various applicants
through the North Central TeYas Council of Goveriunents (NCTCOG); however, in late
?008 the TeYas Attorney General (AG) published an opiiuon that essentially stated these
State funds could not be held and distributed by a third party.
• Between the publication of the AG's opiiuon and spring 2009, there were numerous
discussions between NCTCOG, the RTC and TYDOT about their respective roles in the
use and management of these funds.
• Not long after that, the City received a draft contract from the State for use on each of the
RTR contracts approved for funding (ITS, Parlc's pedestrian bridge and the two large
transportation projects). After soine discussions with the State and the City's Legal
Department with regard to wording and clauses within the contracts, some minor wording
modifications were allowed by the State, after wluch the State forwarded a single draft
contract baclc to staff in July 2009. liiasmuch as it was less than desirable to have a
single contract for all four projects, after confirming that the language in the revised draft
matched the revisions agreed upon previously, staff sent back four contracts (one for each
project) to the State in July 2009 showing the relevant changes made.
• The State notified staff on September 28, 2009 that all four of the City's contracts had
been approved in Austin. Exhibit 2 is the approved contract (Advanced Funding
Agreement or AFA) for the ITS project.
Attachinent A of the AFA for Mayhill Road in Exhibit 2 sets forth the payinent provisions and
timing for the funding of this project. The total funded amount of the project is $1,964,500.00,
with $1,571,600.00 coming from the State and $392,900.00 provided by local match from the
City of Denton. After approval at City Council and execution, the AFA contract will be routed
back to TYDOT respectively for further eYecution.
Traffic Operations has limited or no connectivity for existing signalized intersections. The
intersections currently on line utilize an old antiquated 900MHz wireless technoloc-,y with limited
bandwidth. Tlus funding opportuiuty will provide for fiber optic commuiucations lines to the
City's traffic signals from the Traffic Operations Center located at 801 TeYas Street, as well as
allowing the City to coinplete the design and operation of its Autoinated Traffic Manageinent
System (ATMS) that is currently in place. The new fiber optic communication line connectivity
should enable the City's ATMS to improve mobility through the synchroiuzation of traffic
signals and timing to reduce idling times as well as carbon emissions, fuel consumption and
delays, and to improve regional air quality.
OPTIONS
1. Approve the funding for the Advanced Funding Agreement.
Reject the funding for the Advanced Funding Agreement.
RECOMMENDATION
Staff recommends approval of the Advanced Funding Agreement between the City of Denton
and the TeYas Department of Transportation in the amount of $1,964,500.00 for the provision of
ITS communication tnink lines at various locations in the Citv of Denton.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
The City's share of the project has already been set aside from reallocated funds from other
General Fund Capital linprovement Projects (CIl'). The project schedule should be firmed up or
finalized after hirin~ a consultant for the desi~n of the project in the summer of 2011. Staff will
continue to update City Council on this project and its financial needs/status.
BID INFORMATION
Not applicable.
EYHIBITS
1. Ordinance
2. Advance Funding Agreement.
Respectfully submitted,
~
Franlc G. Payne, P.E.
City Engineer
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ADVANCE FLJNDING AGREEMENT FOR A PROJECT
US1NG FLJNDS HELD IN THE STATE HIGHWAY 1211 SUBACCOUNT IN THE AMOUNT
OF $1,964,500 BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS
FOR THE DESIGN AND 1NSTALLATION OF INTELLIGENT TRANSPORTATION
SYSTEM TRLJNIL LINES AT VARIOUS LOCATIONS IN THE CITY OF DENTON, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF DENTON; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the "liitelligent Transportation System Tninlc Lines" Project designated by
the State of TeYas, acting by and through the TeYas Department of Transportation ("TXDOT"
allows the City to coinplete the design and operation of its Autoinated Traffic Manageinent
System ("ATMS" this fundint', opportunity will provide for fiber optic communications lines to
the City's traffic signals from the Traffic Operations Center located at 901 TeYas Street in the
City of Denton; provided that the City of Denton, TeYas enters into an agreement with TXDOT,
which agreeinent provides for the receipt and use of funds held in the State Highway 121
subaccount; and
WHEREAS, the Advance Funding Agreement wluch is to be entered into by the City and
TXDOT respecting the iinproveinents described as the Intelligent Transportation Systein Tninlc
Lines that will, at all tiines, reinain in the ownership of the City of Denton, provides that TXDOT
will provide eighty percent (80%) of the project funding in the amount of $1,571,600 and the
City will provide 20% of the project funding as local match in the amount of $392,900; the total
estimated amount of this Advanced Funding Contract is in the sum of $1,964,500; and
WHEREAS, the said Agreement provides for the Actual Cost Agreement; the Schedule
of Payments for the City of Denton, subject to final audit; and the Worlc Responsibilities of the
City re~ardin~ the Intelli~ent Transportation System Tninlc Lines at various locations in the City
of Denton, Texas; and
WHEREAS, the City Council having considered the Advanced Funding Agreements that
is required by TXDOT, and considering the iinportance of the Intelligent Transportation Systein
Tnink Lines Project to the citizens of Denton, Texas, is of the opinion that it should approve the
above-referenced Advanced Funding Agreement by and between the City and TXDOT; NOW
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council authorizes and in all tlungs approves the eYecution
of the Advanced Funding Agreeinent by and between the City of Denton and TXDOT by George
C Campbell, City Manager; a copy of the Advanced Funding Agreement is attached hereto as
Exhibit "A" and is incorporated by reference herein; said Agreement being in the amount of
$1,964,500.
SECTION 2. That the City Manager is hereby authorized by the City Council to expend
all funds and to make such payments as are necessary under the Advanced Funding Agreement
that is attached hereto and incorporated herein by reference.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED tlus the day of
MARIL A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
n t, r < <
By:
~
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
FOR PROJECT USING FUNDS HELD IN THE
STATE HIGHWAY 121 SUBACCOUNT-
CITY ITS COMMUNICATION
Off-System Project
THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through
the Texas Department of Transportation (the State), and the City of Denton (Local
Government), collectively, the "Parties."
WITNESSETH
WHEREAS, the State has received money from the North Texas Tollway Authority for the
right to develop, finance, design, construct, operate, and maintain the SH 121 toll project
from Business SH 121 in Denton County to US 75 in Collin County ("SH 121 payments");
and
WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use
of surplus revenue of a toll project for a transportation project, highway project, or air
quality project within the district of the Texas Department of Transportation in which any
part of the toll project is located; pursuant to Transportation Code, §228.012 the State has
created a separate subaccount in the state highway fund to hold such money
(SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the
region in which a project is located, and may assign the responsibility for allocating money
in the subaccount to a metropolitan planning organization (MPO); and
WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation
Commission (the "Commission") approved a memorandum of understanding (MOU) with
the Regional Transportation Council (RTC), which is the transportation policy council of
the North Central Texas Council of Governments (NCTCOG) and a federally designated
MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the
region; under the MOU the RTC shall select projects to be financed using surplus revenue
from a toll project, subject to Commission concurrence; and
WHEREAS, the Local Government has requested money from the SH 121 Subaccount
for: Various Locations in the City of Denton (0918-46-244) (Project); the RTC has
selected the Project to be funded from the SH 121 Subaccount; and the Commission
concurred in the selection and authorized the expenditure of money Minute Order No.
112273, dated May 27, 2010;
WHEREAS, the Local Government is a political subdivision and governmental entity by
statutory definition; and
Page 1 of 9
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209
authorize the State to contract with municipalities and political subdivisions to perform
governmental functions and services; and
WHEREAS, NCTCOG and the RTC should have authority to assist the Local
Government's implementation of financial reporting and environmental review related to a
transportation project funded by the State using money from the SH 121 Subaccount.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
Article 1. Time Period Covered
This Agreement becomes effective when signed by the last party whose signing makes
the agreement fully executed, and the State and the Local Government will consider it to
be in full force and effect until the Project described herein has been completed and
accepted by all parties or unless terminated, as hereinafter provided.
Article 2. Project Funding
The State will pay money to the Local Government from the SH 121 Subaccount in the
amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except
as provided in the next succeeding sentence, the payments will begin no later than upon
the later of the following: (1) fifteen days after the Legislative Budget Board and the
Governor each approve the expenditure, in accordance with Rider 25 of the Texas
Department of Transportation bill pattern in Senate Bill 1, 80t" Legislature; and (2) thirty
days after execution of this Agreement. If Attachment A shows that the RTC has allocated
payments to the Local Government for a certain expenditure (e.g. construction) for the
Project in a certain fiscal year, then the State will make the payment from the SH 121
Subaccount to the Local Government for such expenditure no later than 30 days after the
beginning of the designated Fiscal Year. A Fiscal Year begins on September 1(for
example, the 2009 Fiscal Year began September 1, 2008).
Article 3. Separate Account; Interest
All funds paid to the Local Government shall be deposited into a separate account, and
interest earned on the funds shall be kept in the account. Interest earned may be used
only for the purposes specified in Attachment A, Payment Provision and Work
Responsibilities, and only after obtaining the written approval of the RTC. The Local
Government's use of interest earned will not count towards the 20 percent local match
requirement set forth in this Agreement.
Page 2 of 9
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
Article 4. Shortfalls in Funding
The Local Government shall apply all funds to the scope of work of the Projects described
in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All
cost overruns are the responsibility of the Local Government. However, should the funds
be insufficient to complete the work contemplated by the Project, the Local Government
may make further request to the RTC and the State for additional funds from the SH 121
Subaccount. Funds may be increased only through an amendment of this Agreement. If
the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary
to complete the Project, or if the RTC or the Commission decline the request for any other
reason, then the Local Government shall be responsible for any shortfall.
Article 5. Return of Project Funding
The Local Government shall reimburse the State for any funds paid under this Agreement
that are not expended in accordance with the requirements of this Agreement. Upon
completion of the Project, the Local Government will issue a signed "Notification of
Completion" document to the State acknowledging the Project's completion. If at Project's
end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist,
including interest earned, such funds shall be returned to the State within 30 days. Except
for funds the Local Government has already expended in accordance with the Agreement,
the Local Government shall return to the State the funds paid under this Agreement
together with any interest earned on the funds if the Project is not completed within 10
years of execution of the Agreement.
Article 6. Local Match
The Local Government shall be responsible for the required 20 percent local match as
described in Attachment A, Payment Provisions and Work Responsibilities. The costs
incurred by the Local Government prior to the execution of this Agreement will count
towards the 20 percent local match requirement provided such costs are for RTC-
approved phases as shown in Attachment A. At the end of each Fiscal Year the Local
Government's cumulative expenditures of local match funds must be no less than 20
percent of the cumulative SH 121 Funds received by the Local Government up to that date
under the Agreement, and must be for the uses approved for payments of SH 121 Funds
up to that date as specified in Attachment A, Payment Provision and Work
Responsibilities.
Article 7. Procurement and Contracting Process
The State may review the Local Government's procurement of professional services for
engineering, surveying, and right of way acquisition, letting of construction contracts, and
conduct of construction management and inspection. The Local Government shall certify
compliance with applicable state law and regulations, and with local laws, regulations,
rules, policies, and procedures. The Local Government shall maintain a copy of the
certification in the Project's files.
Page 3 of 9
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
Article 8. Design Standards and Construction Specifications
The Local Government shall implement the Project using the Local Government's
established design standards, construction specifications, procurement processes, and
construction management and inspection procedures.
Article 9. Right of Way
Except for right of way owned by the State or to be acquired by the State according to the
plans of the Project as approved by the State, the Local Government shall acquire all
necessary right of way needed for the Project. Right of way acquisition is an eligible cost
for reimbursement provided such cost is an RTC-approved phase as shown in Attachment
A.
Article 10. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of
utility facilities in accordance with State laws and regulations and local laws, regulations,
rules, policies, and procedures applicable to the Local Government. The Local
Government must obtain advance approval for any variance from established procedures.
The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to
adjust, remove, or relocate utility facilities only to the extent the utility has a property right
as shown in a recorded deed or easement.
Article 11. Compliance with Laws; Environmental Review and Public Involvement
Each Party shall comply with all applicable federal, state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts,
administrative bodies or tribunals affecting the performance of this Agreement as
applicable to it. When required, the Local Government shall furnish the State with
satisfactory proof of compliance. As provided in 43 T.A.C. Section 2.1(b)(3), the
department's environmental review requirements do not apply to the Project because the
department is funding the Project solely with money held in a project subaccount created
under Transportation Code, Section 228.012. However, the local government shall ensure
that the Project complies with all applicable environmental review and public involvement
requirements applicable to the Local Government under state and federal law in
connection with the Project. The Local Government shall obtain the opinion of legal
counsel showing the Local Government's environmental review and public involvement for
the Project to comply with state law and regulations, and with local laws, regulations, rules,
policies, and procedures applicable to the Local Government. The Local Government
shall maintain a copy of the certification in the project files.
Article 12. Compliance with Texas Accessibility Standards and ADA
The Local Government shall ensure that the plans for and the construction of the Project
is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas
Department of Licensing and Regulation, under the Architectural Barriers Act, Article
9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be
consistent with minimum accessibility requirements of the Americans with Disabilities Act
(P. L. 101-336).
Page 4 of 9
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
Article 13. Work Outside the Project Site
The Local Government shall provide both the necessary right of way and any other
property interests needed for the Project.
Article 14. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate of
Insurance for all persons and entities working on State right of way. This coverage shall be
maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
Article 15. Audit
Within 120 days of completion of the Project, the Local Government shall perform an audit
of the costs of the Project. Any funds due to the State will be promptly paid by the Local
Government.
Article 16. Maintenance
The Local Government shall be responsible for maintenance of the Project.
Article 17. Responsibilities of the Parties
a. The State and the Local Government agree that neither party is an agent, servant,
or employee of the other party and each party agrees it is responsible for its
individual acts and deeds, as well as the acts and deeds of its contractors,
employees, representatives, and agents.
b. To the extent permitted by law, the Local Government agrees to indemnify and
save harmless the State, its agents and employees from all suits, actions or claims
and from all liability and damages resulting from any and all injuries or damages
sustained by any person or property in consequence of any neglect, error, or
omission in the performance of the design, construction, maintenance or operation
of the Project by the Local Government, its contractor(s), subcontractor(s), agents
and employees, and from any claims or amounts arising or recovered under the
"Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas
Civil Practice and Remedies Code; or any other applicable laws or regulations, all
as from time to time may be amended.
c. The Parties expressly agree that the Project is not a joint venture or enterprise.
However, if a court should find that the Parties are engaged in a joint venture or
enterprise, then the Local Government, to the extent provided by law, agrees to pay
any liability adjudicated against the State for acts and deeds of the Local
Government, its employees or agents during the performance of the Project.
Page 5 of 9
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
d. To the extent provided by law, the Local Government shall also indemnify and save
harmless the State from any and all expense, including, but not limited to,
attorney's fees which may be incurred by the State in litigation or otherwise
resisting said claim or liabilities which may be imposed on the State as a result of
such activities by the Local Government, its agents, or employees.
Article 18. Notices
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
Local Government:
City of Denton
Attn: City Engineer
901-A Texas Street
Denton, TX 76209
State:
Texas Department of Transportation
Attn: District Engineer
4777 E. Highway 80
Mesquite, Texas 75150
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that such
notices shall be delivered personally or by certified U.S. mail and such request shall be
honored and carried out by the other party.
Article 19. Right of Access
If the Local Government is the owner or otherwise controls access to any part of site of the
Project, the Local Government shall permit the State or its authorized representative
access to the site to perform any activities authorized in this Agreement.
Article 20. Project Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement by the
Local Government shall be made available to the State without restriction or limitation on
their further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State in the form of photocopy reproduction as
required by the State. The originals shall remain the property of the Local Government. At
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
Article 21. Inspection of Books and Records
The Local Government shall keep a complete and accurate record to document the
performance of the work on the Project and to expedite any audit that might be conducted.
The Local Government shall maintain records sufficient to document that funds provided
under the Agreement were expended only for eligible costs that were incurred in
accordance with all applicable state and local laws, rules, policies, and procedures, and in
Page 6 of 9
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
accordance with all applicable provisions of this Agreement. The Local Government shall
maintain all books, documents, papers, accounting records and other documentation
relating to costs incurred under this Agreement and shall make such materials available to
the State for review and inspection during the contract period and for four (4) years from
the date of completion of work defined under this Agreement or until any pending litigation
or claims are resolved, whichever is later. Additionally, the State shall have access to all
governmental records that are directly applicable to this Agreement for the purpose of
making audits, examinations, excerpts, and transcriptions.
Article 22. NCTCOG
Acceptance of funds directly under the Agreement or indirectly through a subcontract
under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist
the Local Government's implementation of financial reporting and environmental review
concerning the Project. The Local Government shall provide to NCTCOG on a monthly
basis a report of expenses, including the Local Government's expenditure of local match
funds. The report shall list separately the expenditures by Project's phase as shown in
Attachment A, including but not limited to engineering, environmental review, right of way
acquisition, and construction. The report shall also describe interest earned on money
from the SH 121 Subaccount, including the interest rate, interest earned during the month,
and cumulative interest earned. The report shall further describe the status of developing
the Project. Not less than 60 days before the environmental review document is submitted
to the governing body of the Local Government for final approval, the Local Government
shall submit the document to NCTCOG for review and comment. NCTCOG may provide
the Local Government technical assistance on the environmental review of the Project as
mutually agreed between NCTCOG and the Local Government.
Article 23. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under the Agreement or indirectly through a subcontract under the
Agreement. Acceptance of funds directly under the Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation
in connection with those funds. An entity that is the subject of an audit or investigation
must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
Article 24. Amendments
By mutual written consent of the Parties, this contract may be amended prior to its
expi ration.
Page 7 of 9
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
Article 25. Termination
The Agreement may be terminated in the following manner:
• by mutual written agreement and consent of both parties;
• by either party upon the failure of the other party to fulfill the obligations set forth
herein, after a 45 day period to cure after receiving written notice of non-compliance;
• by the State if the Local Government does not let the construction contract for
the Project within one year after the State first provides 121 Funds for construction as
shown in Attachment A, Payment Provision and Work Responsibilities;
• by the State if the Local Government does not complete the Project within ten
years after the effective date of the Agreement;
Article 26. Work by Debarred Person
The Local Government shall not contract with any person that is suspended, debarred,
proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any federal agency or that is debarred or suspended by the State.
Article 27. Sole Agreement
The Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
Article 28. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns,
and administrators to the other party to this agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
agreement. The Local Government may assign its interests under the Agreement only
with the written approval of the State.
Article 29. Remedies
The Agreement shall not be considered as specifying an exclusive remedy for a breach of
the Agreement. All remedies existing at law or in equity are available to either Party and
are cumulative.
Article 30. Legal Construction
If a provision of the Agreement shall be held invalid, illegal or unenforceable, such
invalidity, illegality or unenforceability shall not affect any other provision, and the
Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable
provision.
Article 31. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this
agreement on behalf of the party they represent.
Page 8 of 9
CSJ: 0918-46-244, ITS Communication Trunk Lines at Various Locations in the City of Denton
District # 18; Code Chart 64 #11400
Funding Category: RTR (SH 121 Subaccount Funds)
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed
duplicate counterparts to effectuate this Agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the Texas
Transportation Commission.
By Date
Janice Mullenix
Director, Contract Services Section, General Services Division
THE LOCAL GOVERNMENT
City of Denton
Bv
George C. Campbell
City Manager
Date
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 9 of 9
ATTACHMENT A
Payment Provision and Work Responsibilities
For CSJ 0918-46-244, the State will pay $1,571,600.00 from the SH 121 Subaccount for
ITS (Intelligent Transportation System) Trunk Lines at various locations in the City of
Denton.
In accordance with the allocation of funds approved by the RTC, and concurred with by
the Texas Transportation Commission, the State will make the payments for the following
work 30 days after an executed agreement, but not prior to the Fiscal Years shown:
Fiscal Expenditure
Year
Preliminary
Right of
Utilities
Construction
Engineering
Way
Acquisition
2009
~ ~$0.00 ~
~$0.00 ~
~$0.00
~ ~$0.00
2010
~ ~$0.00 ~
~$0.00 ~
~$0.00
~ ~$0.00
2011
~ ~$76,800.00 ~
~$11,200.00 ~
~$120,000.00
~ ~$1,363,600.00
2012
~ ~$0.00 ~
~$0.00 ~
~$0.00
~ ~$0.00
2013
~ ~$0.00 ~
~$0.00 ~
~$0.00
~ ~$0.00
The Local Government shall pay a required local match of $392,900.00.
Upon completion of the Project, the Local Government will issue a signed "Notification of
Completion" document to the State. The notice shall certify that the Project has been
completed, all necessary inspections have been conducted, and the Project is open to
traffic.
A-1 Attachment A
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, ?O11
DEPARTMENT: Planning and Developinent
ACM: Fred Greene
SUBJECT -1411 E. UniveNSity Drive (ZIO-0007)
Consider adoption of an ordinance regarding a rezoning from a Neighborhood Residential 3
(NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMCJ-12) zoning district
with a restrictive overlay on approYimately 6.836 acres. The property is located at the northeast
corner of Glenwood Lane and East Uiuversity Drive (U.S. 380). (ZIO-0007, 1411 E. (lrliivrsity
Dr•.) The Plannin~ and Zonin~ Commission recommends approval with an overlay district (3-2).
Due to more than 20% opposition from the land area within 200 feet of the request, a
supermajority vote (3/4) is required by the City Council to approve this item.
PROPOSAL
The applicant (Spring Broolc Plaiuung Group) desires to rezone the property to allow for the uses
perinitted within the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with
the addition of a restrictive overlay. The applicant proposes to allow all permitted uses within
the NRMCJ-12 district eYCept for Laundry Facilities. The restrictive overlay addresses buffering
along the site's northern property boundary and architectural standards. These restrictions were
added by the applicant to attend to concerns of the surroundint" neit"hborhood discussed at five
neighborhood meetings regarding transition and compatibility of adjacent single-family uses. A
summary of the neighborhood meetings is provided in EYlubit 7.
BACKGROUND
The subject site is currently developed with one single-family home and is currently unplatted.
This rezonint', proposal was initially considered by the City Council on December 7, 2010 via a
public hearing. During the public hearing, several overlay restrictions were proposed by the
applicant such as arclutectural standards for the proposed office buildings and erecting wroth
iron-style fencing along the rear of the subject property adjoiiung eYisting residential uses.
However, after reviewing the restrictions, the City Council requested various changes to which
the applicant agreed. To address the revisions raised during the public hearing and to allow the
applicant the opportuiuty to meet with the area residents, the City Council continued the public
hearing to Febri-jary 1, 21011. A complete list of the restrictions germane to tlus request is
provided in the attached staff report. The scheduled Febri-jary 1, public hearing did not convene
due to incleinent weather. As such, it was rescheduled to Febri-jary 15, 2011.
On Febri-jary 15, 2011, the applicant requested that the public hearing to review that amended
project be once a~ain rescheduled to March 1, 2011 to allow additional time to worlc with the
coininunity to jointly address the aforeinentioned proposed overlay restrictions.
On March 1, 2011, the City Council reconvened the public hearing to consider the proposed
rezoning and the associated overlay restrictions, as ainended. After receiving all inatters
presented by Staff, the applicant and the public, the City Council closed the public hearing and
deferred talcing action to a date certain of April 19, 2011. The purpose of tlus continuation was
to allow the applicant to resubmit a revised site plan addressing limited velucular access to and
Cin Council Staff Report Page 1 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
froin the site. This was a particular concern of neighboring property owners. In response to the
site access concerns, the applicant has submitted a revised binding site plan that shows two (2)
access points along Uiuversity Drive wlule prohibiting velucular access from Glenwood Lane.
(See Exhibit 5). Staff is not in opposition to the proposed site plan showing the restricted
vehicular access to and from the site; however, staff recommends that the following text be
included to the overlay restrictions in lieu of showing vehicular access:
"Notwithstanding any previously approved Code provision or development standard to the
contrary, the Property inay receive Final Plat approval for an application that proposes
exclusive access from University Drive (US Hit-lyhway 380), provided that all driveway
locations otherwise meet applicable Code requirements, development standards and design
criteria standards, and further provided that all driveway locations receive approval of the
Texas Departinent of Transportation (Tx.DOT) prior to plat approval. Any proposed final
plat application for developinent of the Property which does not restrict vehicle access to the
Property eYClusively from Uiuversity Drive (US Highway 380) shall additionally require
specific use permit (SUP) approval prior to plat approval, and in that event, such SUP
approval is limited in scope to a site plan review to minimize adverse traffic impacts upon
the surrounding neighborhood"
PUBLIC NOTIFICATION
Tlurty-one (31) public notices were sent to residents witlun two hundred feet (200') of the site
via certified mail (EYlubit 8). As of tlus writing, staff has received iuneteen (19) responses
property owners within the 200-foot notification area. Twelve (12) respondents are in
opposition to the rezoning request, accounting for 4.58 acres or 29.51% of the land area within
?00 feet. Per TeYas Local Goveriunent Code, when 20% or more of the land area witlun 200
feet of a rezoiung request is in opposition to the request at the time of the City Council public
hearing, a supermajority vote (3/4) is required by the City Council to approve the request.
lii addition to the above certified notices, Staff also sent iunety-iune (99) notices via regnilar mail
to property owners beyond the aforementioned 200-foot area, eYtending notification to an
additional three hundred feet (300').
PRIOR ACTION/REVIEW
1. Clty COLi11C11
2 . Clty C OLi11C11
3. City Council
4. Plannin~ and Zonin~ Commission
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Recommend deiual.
4. Postpone consideration.
5. Table item.
March 1, 2 0 11
Febniary 1, 20 11
December 7, 2010
October 20, 2010
Cin Council St1ff Report Page 2 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
RECOMMENDATION
The Plaiuung and Zoiung Commission recommends APPROVAL of tlus rezoiung request,
subject to the overlay district (3-2).
The Development Review Committee recommends APPROVAL of this rezoning request, with
the restrictive overlay conditions offered by the applicant.
EYHIBITS
1. Site Location/Aerial Map
2. Existint', Zonint', Map
3. Proposed Zoiung Map
4. Future Land Use Map
5. Site/Subdivision/Development Plan
6. Letter from the Applicant
7. Neighborhood meeting summaries
8. Notice of Public Hearing Responses
9. Site Photos
10. October 20, 2010 P&Z Meeting Minutes
11. Ordinance
Prepared by:
~
Nana Appiah, AICP
Seiuor Plaiuier
Respectfully submitted:
~
Marlc Cuiuunghain, AICP, CPM
Plaiuung and Development Director
Cin Council St1ff Report Page 3 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date:
CC Date:
Project Number:
Z 10-0007
TYPE: Rezoning
PROJECT Z10-0007
Request: Rezoning from a Neighborhood Residential 3(NR-3 ) to a
Neighborhood Residential MiYed Use 12 (NRMCJ-12) zoiung
district with a restrictive overlay on approYimately 6.836 acres.
Applicant: Spring Broolc Plaiuung Group
2405 Mustang Drive
Grapevine, TX 76051
Property Owner:
Location:
Size:
Zoning Designation:
Future Land Use:
Case Planner:
P&Z Recommendation:
DRC Recommendation:
Summary of Analysis:
John Porter
1111 Emerson Lane
Denton, TX 76209
The property is located at the northeast corner of Glenwood Lane
and East Uiuversity Drive (U.S. 380).
6.836 acres
Neighborhood Residential 3 (NR-3 )
Existing Land Use
Erica Maroluuc, AICP
The Plannin~ and Zonin~ Commission recommends APPROVAL
of tlus rezoiung request, subject to a restrictive overlay district
The Development Review Committee recommends APPROVAL
of this rezoning request, subject to a restrictive overlay district.
The subject site is developed with one single-fainily hoine on approxiinately 6.836 acres. The
site is unplatted and has a zoiung district of Neighborhood Residential 3(NR-3 wluch it
received in Febniary 2002 during the city-wide rezoiung and adoption of the Denton
Developinent Code (DDC). Prior to NR-3, the zoning district was One-fainily dwelling district
10 (SF-10). Perinitted uses within the SF-10 district were liinited to single-fainily hoines, soine
civic uses and religious institutions.
October 20, 2010
April 19, 2011
March 1, 2011
February 15,2011
February 1, 2011
December 7, 2010
Cin Council St1ff Report Page 4 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
The overlay restrictions proposed by the applicant include a solid fence between any proposed
use on site and the existing Crescent Heights subdivision to the north. Per the DDC, a type "C"
buffer, 15 feet wide with coinbination of trees and shnibs, would be required between a
commercial use and the existint', residential. The applicant is proposint" a 15-foot buffer
regardless of the ultimate use. The buffer will include a 6-foot tall solid fence with evergreen
and deciduous trees; however, there will be no shnibs present. The applicant also proposes to
further restrict uses witlun 150 feet of the northern property line to oiily single-fai-nily,
professional service and office uses.
The arclutectural standards proposed by the applicant eYCeed current standards for commercial
and multi-fai-nily stnictures required in Subchapter 13 of the DDC Specific types of windows,
roof pitch and shingle types are stated. Additionally, height is proposed to be limited to one-
story, well below the inaxiinuin allowed in the NRMCJ-12 zoning district.
Given the location of the subj ect property along a maj or arterial and the configuration of the site,
it is staff's opinion that the future development potential of the property beint', consistent with the
neighboring single-fainily residences is unlilcely. The rezoning request to allow for a inore
intense zoiung district at the intersection of an arterial and collector roadway is indicative of the
trend towards miYed use and commercial development that can be supported by the surrounding
area. Existing coininercial uses are found east and west of the site along University Drive.
Findings of Fact
L The i•eqlrest is foi• ai•ezoriirig ori appi•oximatelt, 6.836 aci•es fi•o1n a Neighboi•hood
RE?S1GlE'1?tlqJ 3 (NR-3) t0 q NE'lg11b01'l?OOd RE?S1GlE'1?tlqJ 1111YE?d USE' 12 (NRAIj 12) 'OI?ll?g
cli.stri('t ivith a r•e.str•i('tii'e oi,er•Iay. The s11bject1)1•01)er•tl' is Iocatecl at the `lor•tlieast cor•raer•
of Cilernvoocl Larae aracl East tlraiivr•sitt, Dr•iiv (tl X 380).
2. 1'l?E' S1lbJE?Ct S1tE' 1S GlE'1'E'JOlJE?d 11'ltl? Ol?E' Sll?gJE' fql??lJl' 1101??E' ql?d 1S 1l1?lJJqttE?Gl. 1'l?E' f01'1??E'1'
.:Orairag clistr•ict was Orae fanzily chl'ellirag clistr•i('t 10 (,SF-10) l)rior• to the citt-wicle
re.:o`Tl`Tg !`l 2002. ✓ ✓
3. 1'l?E' S1lbJE?Ct S1tE' 1S 11'1t1111i tl?E' EY1Stl1?g Lql?d USE' f14t1l1'E' Jql?d 1lSE' CqtE'g01-1' 11'l?1Ch ll?CJ1lGlE?S
existirag r•esicleratial itses arac1 raeiv irafill colizl)atihility. Nciv cleVelo1N1zerat shoitlcl r•esl)orac1
to existirag cleVelolNHerlt ivitll conzl)atible laracl itse.s l)atter•ras arac1 clesigra staraclar•cl,s. The
pJqJ? 1'E?COII71??E'J?GlS tl?qt E'Y1St1J?g J?E'lg11b01'l?OOGlS 11'1t111Ji tl?E' Clll' bE' 11g01'O1lSJI'pI'OtE?CtE?d qJ?d
jJ1'E'SE'1'i'E?Gl. HO1lSll?g tl?qt 1S COl??jJqtlbJE' 11'lth tl?E' E'Y1Stl1?g GlE'1?Slll', 1?E'lg11b01'l?OOd SE'1'1'1CE'
aracl conzmer•cial Iarac1 itses is allolvecl.
4. 1'l?E' NR-3 ql?d NRAIj 12 'OI?ll?g Gl1St1'1CtS q1'E' 11'1t1111i tl?E' NE'lg11b01'l?OOd RE?S1GlE'1?tlqJ g1'O1ljJ
Of 'OJ?lJ?g Gl1St1'1CtS 11'l?OSE' 1J?tE'J?t 1S t0 pI'E?SE'1'1'E' qJ?d pI'OtE?Ct E'Y1St1J?g J?E'lg11b01'l?OOGlS t0
erasirr•e that arai, raeiv cleivlolnzerat is conzl)atible irith the existirag laracl Uses, l)atter•ras arac1
cle,siglr ,staitclcrrcls. Thi,s cli,strict hcr,s ,sei'elt .:olrilrg cli,strict.s ll'ithilr it,s Icrirc! tf,se ccrtegorl'.
These iricllyde Neighboi•hood Resideritial 1(NR-1), Neighboi•hood Resideritial ?(NR-?),
Neighboi•hood Resideritial 3(NR-3), Neighboi•hood Resideritial -l (NR--I), Neighboi•hood
Resicleratial 6(NR-6), Neighbor•hoocl Resicleratial 11-lixecl ZT,se 12 (NR[l1tT-12) arac1
Neiglibor•hoocl Resicleratial -A-lixecl ZT,se (NRA1tT).
Cin Council St1ff Report Page -5 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
5. AcJjcrceirt .:olrilrg cJi.strict.s ilrcltfcJe NeighborhoocJ Re.sicJelrticrl 3(NR-3) to the irortli,
I)011'J?t011'J? COl??1??E'1'CIqJ GE'J?E'1'qJ (I)C-G) t0 tl?E' 11'E?St, NE'lg11b01'l?OOd RE?S1GlE'J?tlqJ 1111YE?d
tTse 12 (NRA1ZT-12) to the solrth atid Neighboi'hood ResidetitiaJ 3(NR-3) to the east.
6. Tlier•e ar•e rao pIarrraeclpublic inzpr•oivnzerats for• potable 1vater•, sarlitar•y sever•, cIr•airaage
or• tr•ara.sl)ortatiora.facilities ser•i,irag the s11bject site ira r•elatiora to tllis r•eqitest.
7. GJE'1?l1'OOdLql?E' 1S CJqSSIfIE?d qS q RE?S1GlE'1?t1qJAl'E'1?1!E' COJJE?Ct01' 1'E?q1l11'll?g 65fE?E't Of 1'lgl?t-
of-way per the C'ity of Deirtotr 's Mobility Platr. (Tleraivoocl Larae is corastr•iletecl of a.sphalt
aracl is cOrasicler•ec1 irrainzlM•oi'eclper• the Tr•ara.spor•tatiora C'riter•ia 11-1araital.
S. (jJ?ll'E'1'Slll' I)1'l1'E' 1S CJqSSI f lE?d qS q PI'll??q1'1' 111qJ01' AI'tE'1'lqJ 1'E?q1l11'lJ?g 135f E?E't Of 1'lgl?t-Of-
way per the C'ity of Detrtotr 's Mobility Platr.
9. WqtE'1' 1S ql'qlJqbJE'ftOln q 6-ll?Cl? 1??qlli qJ01?g GJE'1?l1'OOdLql?E'.
10. Seiver• i.s aiailable bl'irastallirag a 6-irach nzaira east►var•c1 fironz the pr•oper•ty to the existirag
x-irach nzaira ora Rechvoocl.
Develonment Review Committee
Based upon the information provided by the applicant and a recent site visit, the Development
Review Committee finds that with the recommended conditions the request IS CONSISTENT
with the surrounding land uses and general character of the area, IS CONSISTENT with the
Denton Plan, and IS CONSISTENT with the Denton Developinent Code.
The Development Review Committee recommends APPROVAL of tlus rezoiung request,
subject to the following restrictive overlay conditions. The most recent changes since the
Deceinber 7, 2010 City Council public hearing, and changes to the P&Z recoininendation are
shown as either or in underlined font:
1. All uses permitted within the NRMU-12 zoning district are permitted on the subject site
as described in Exhibit A of the ordinance, except for Laundry Facilities.
a. The only stnictures allowed within 150 feet of the northern property line shall be
, , professional service and
office uses. Parking is nermitted within 20 feet of the northern nronertv line.
An eight-foot ;si~i feeri lugh solid screen fence (good side out) shall be installed per the
requirements of the Denton Development Code, constnicted with steel posts and decorative
caps, in the locations specified within Exhibit B of the ordinance, attached hereto and
incorporated herein by reference, atid is subject to further restrictions as follows:
a. The fence shall be constnicted in accordance with Section 35.13.9 of the Denton
Development Code.
b. The fence shall be constnicted in the required buffer yard adjacent to the property
line in lieu of the required buffer shnibs.
c. All required buffer trees shall be planted in accordance with the requirements of
the Denton Developinent Code.
d. If the fence is constnicted of wood, the wood shall be cedar.
3. In the event that single family detached, single-family attached or duplex stnictures are
Cin Council Staff Report Page 6 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
not developed adjacent to Glenwood, a 6-foot high wrought iron stvle fence shall be
installed per the requirements of the Denton Development Code in the locations specified
witlun EYlubit B of the ordinance, attached hereto atid incorporated herein by reference, and
is subject to further restrictions as follows:
a. The fence shall be constnicted of tubular steel.
b. A"Type C" buffer shall be planted adjacent to the fencing in accordance with
Section 35.13.8 of the Denton Developinent Code.
c. Periineter fences are not required where they interfere with access roads and
driveways.
4. The followintly architectural standards shall be incorporated into proposed buildings:
c1. ArCI1lteCtUrc11 e1e111eritS SUCIl c1S
prominent entries, offsets or recesses along all sides, decorative wall and roof
vents and gable features shall be incorporated into the desigi of buildings;
b. All windows shall be Double liisulated windows with thermal brealc and no
mirrored glass;
c. The ininiinuin roof pitch shall be 4:12 and the inaxiinuin roof pitch shall be 10:12;
d. New buildin~s shall incorporate alternatin~ roof plate hei~hts;
e. Shin~les (if used) shall be a minimum 30 year architectural style composition
shingle;
£ The exterior of all new stnictures shall be
constnicted of one hundred nercent (100%) masonry (eYCluding
doors windows, dormers and trim). For the purposes of tlus ordinance masonry
includes brick, stone and stucco; and
g. Building height shall be liinited to one story and shall not exceed thirtv-two (32)
feet.
5. Exterior lighting shall be shielded so as not to shine onto adiacent nronerties.
6. All trees nlanted in the buffer vards shall be a minimum of four inches (4") to six
inches (6") dbh and a minimum of twentv feet (20') high.
7. NOh'V1tI1StlriCllri2 1riV bi'eV10l1SIV lbbi'OVCCI COCIe bi'OV1SlOri OI' CIeVCIObrilerit St1riCI11'CI
to the contrarv, the Prouertv mav receive Final Plat auuroval for an auulication that
nronoses exclusive access from Universitv Drive (US Highwav 380), nrovided that
all drivewav locations otherwise meet annlicable Code reauirements, develonment
standards and design criteria standards, and further urovided that all drivewav
locations receive annroval of the Texas Denartment of Transnortation (TxDOT)
prior to nlat approval. Anv Uro»osed final nlat application for develonment of the
Pronertv which does not restrict vehicle access to the Pronertv exclusivelv from
Universitv Drive (US Highwav 380) shall additionallv reauire suecific use uermit
(SUP) auuroval urior to ulat auuroval, and in that event, such SUP auuroval is
limited in scone to a site nlan review to minimize adverse traffic imnacts unon the
surrounding neighborhood.
Cin Council St1ff Report Page 7 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
GENERAL NOTES
YOTE: Approvczl of tlzis request slzczll liot colistitute cz 11cziver or vczriczlice from czln~ czpplicczble developmelit
requiremelit u/iless specrfrcczlli~ 11oted ili the conditiolis of czpprovczl cz/id colisistelit iaitlz the I)elitoli
I)evelopmelit C,ode.
X(JTE: All irr°ittert cunnnErtts mcrclE irt the crppliccrtiurt crrtcl sztbsEqztErttsztblnissiurts uf irtfur°Incrtiurt Incrcle clztr°irtg the
crppliccrtiurt revielrpr°ucess, irltich crr°e urt filE iritlt the ('itv ufDertturt, shcrll bE cunsider°ed tu bE hirtdirtg
ztl?urt the crppliccrrtt, pr°uviclecl Such cut1t1nErtts crr°e rtutcrtI'crr°icrrtce iritlt the DErtturt Plcrrt, DErtturt
DevelupmErtt('udeur°utliel°develupmErttr°egzrlcrtiurtsirtEffECtcrtthE tilnE ufdevelupmErtt.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest:
Neighboi•hood Resideritial 3
(NR-3); Sirzgle fanzily
r•esiclerztial
West:
PC711'J?tC711'M COl??1??C'7'CIqJ
Uerzer•al (DC'-(;); Sirzgle-
fianzily r•esiclerztial
COl??1??E'1'CIqJ GlE'1'E'JOpI??E'1?t
Suuthwest:
PC711'1?tC711'M COl??1??C'7'C1qJ
Uerzer•al 11-1itltifanzilv
r•esicleratial & conznzer•cial
deivloplnew
North:
Neighboi•hood Resideritial 3
(NR-3); Sirzgle fanzily
r•esicle`ztial
Suuth:
Neighboi•hood Resideritial
11-1xec1 tTse 12 (NRA1CT 1?);
11-Iitltifamilv r•esiclerztial c~
1rt1de1,eloped propertt,
Northexst:
Neighboi•hood Resideritial 3
(NR-3); Siragle fanzily
r•esiclelztial
E ast:
Neighboi•hood Resideritial 3
(NR-3); Sirzgle fanzily
r•esicle`ztial
Suutheast:
Neighboi•hood Resideritial
11-Iixecl Use 12 (NRA1 Cl 1?)
Neighborhooc! Re.siclelrticrl 3
(NR-3); Single falnilv
1'E'S1GlE'1?tlqJ
Source: ('ih-ofDenton Ueo~rcq~I2iccel b2fbtfincetron Svstern cenclsite visit bti• ('ih. stceff
Comprehensive Plan:
A. Consistency with Goals, Objectives and Strategies
The subject site is located in the "Existing Land Use" future land use designation. These areas
are typically established residential areas, wluch new development should respond to eYisting
developinent with coinpatible land uses, patterns and design standards. The plan recoininends
that existing neighborhoods within the city be vigorously protected and preserved. Housing that
is compatible with the eYisting density, neighborhood service and commercial land uses is
allowed. New residential, neighborhood services and commercial uses would be consistent with
the future land use designation and therefore the Denton Plan.
B. Land use analysis
There is currently 1,170.61 acres designated NRM[_7-12 in the City. Of these, 1,170.61 acres
desi~iated NRM[_7-12 ui the City; 1,069.87 acres are shov~ni to be developed (91%), accordui~ to the
City of Denton GIS.
The differences between the NR-3 and NRM[_7-12 districts primarily relate to the allowance of some
commercial uses with size restrictions within the NRM[_7-12 district which are not currently allowed
within the NR-3 district.
Cin Council St1ff Report Page 8 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
The following tables illustrate the differences between the NRM[_7-12 a~id NR-3 districts:
Agriculture
P
P
Livestock
L(7)
L(7)
Single Family Dwellings
P
P
Accessory Dwelling Units
L(1)
SUP
L(1)
Attached Single Family Dwellings
P
SUP
Dwellings Above Businesses
P
N
Live/Work Units
P
N
Duplexes
P
N
Community Homes For the Disabled
P
P
Group Homes
SUP
N
Multi-Family Dwellings
L(4)
N
Manufactured Housing Developments
N
N
L(4) = Multi-fainily is perinitted only:
1. With a Specific Use Permit; or
2. As part of a Mixed-Use Developinent; or
3. As part of a Master Plan Developinent, Existing; or
4. If the development received zoiung approval allowing multi-fai-nily use witlun one year prior
to the effective date of Ordinance No. 2005-224; or
5. If allowed by a City Council approved neighborhood (small area) plan.
Cin Council Staff Report Page 9 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Home Occupation
P
P
Sale of Products Grown on Site
N
N
Hotels
N
N
Motels
N
N
Bed and Breakfast
L(10)
N
Retail Sales and Service
L(15)
N
Movie Theaters
N
N
Restaurant or Private Club
N
N
Drive-through Facility
N
N
Professional Services and Offices
L(14)
N
Quick Vehicle Servicing
N
N
Vehicle Repair
N
N
Auto and RV Sales
N
N
***Laundry Facilities
N
N
Equestrian Facilities
N
N
Outdoor Recreation
SUP
P
Indoor Recreation
N
N
Major Event Entertainment
N
N
Commercial Parking Lots
N
N
Administrative or Research Facilities
N
N
Broadcasting of Production Studio
N
N
Sexually Oriented Business
N
N
Temporary Uses
L(38)
L(38)
***The applicant proposes to eliminate Laundry Facilities as a permitted use within the
restrictive overlay district.
L(10) = All restrictions of L(8), but limited to no more than 5gniest uiuts.
L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L(14) = Uses are limited to no more than 10,000 square feet of gross floor area.
L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP
is required for additional square footage for Semi-Public Halls, Clubs and Lodges.
Cin Council Staff Report Page 10 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Printing / Publishing
N
N
Bakeries
N
N
Manufacture of Non-odoriferous Foods
N
N
Feed Lots
N
N
Food Processing
N
N
Light Manufacturing
N
N
Heavy Manufacturing
N
N
Wholesale Sales
N
N
Wholesale Nurseries
N
N
Distribution Center
N
N
Wholesale Storage and Distribution
N
N
Self-service Storage
N
N
Construction Materials Sales
N
N
Junk Yards and Auto Wrecking
N
N
Kennels
N
N
Veterinary Clinics
N
N
Sanitary Landfills, Commercial
N
N
Incinerators, Transfer Stations
Gas Wells
SUP
SUP
L(27)
L(27)
Cin Council Staff Report Page 11 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Basic Utilities
L(25)
L(25)
Community Service
P
N
Parks and Open Space
P
P
Churches
P
P
Semi-public, Halls, Clubs, and Lodges
L(15)
SUP
Business / Trade School
N
N
Adult or Child Day Care
P
SUP
Kindergarten, Elementary School
P
SUP
Middle School
P
N
High School
N
N
Colleges
N
N
Hospital
N
N
Elderly Housing
L(13)
N
Medical Centers
N
N
Cemeteries
N
N
Mortuaries
N
N
Cin Council Staff Report Page 12 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
35.5.2.3 General Regulatians.
General regttilations nf the RPSiclentiall\'eivllhnrhoocl land nse zorle are cnnrainecl isi the table heloNv:
Tlie tnllc~Nving liinits apl3lv to Subeliti-isi"ii of 2 .aeres or le5s:
Minimum l04 area (square fee4)
32,000
16,400
10,DO0
7,600
6,006
3,500
2,500
Mirrimurm Iat widtYr
80 feet
80 feet
66 feet
50 feet
50 feet
30 feet
20 feet
Minimum Iot depth
100 feet
100 feet
80 feet
80 feet
SI I feet
80 feet
50 feet
Minimum frant yard setback
26 feet
20 feet
15 feet
20 feet
10 feet
10 feet
None
L(2)
L(2)
Minimum side yard
6 feet
6 feet
6 feet
6 feet
6 feet
6 feet
6 feet
Minimum side yard adjacent to a street
10 feet
10 feet
16 feet
10 feet
10 feet
10 feet
None
Minimum rear yard
10 feet
10 feet
10 feet
tD feet
10 feet
10 feet
None
Tl1e tulla~,-ina Linits q
, p13Ii ta subclivisi()n
Dt inore th"i
n 2 eicies isi
lieti ot tiiii
-nsiltiin 1at
size ai1c1 elti
neustoli ieqti
ireinesits:
Meximum density, dwslling units per acre 1 2 3.5 4 6 12 30
Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 4 feet 10 feet 12 feet
buildings
T1ie rallo-wina Ltnits apply to nll buildin,gs:
Maximum lot coverage
30%p
Minimum landscapsd area
70%
Nlaximum building height
46 feet
10 feet
plus 1
foatfor
eachr
Minimum yard when abutting a single- foot of
family use or district building
height
abave
20 feet
C. Current Zoiung District Allocation
Sub.ject Pruperty
6.836 f acres
Neigliborliood
Residential Mised
Use 12 (NRM[J-12)
Source: ('ih. ofDenton
30%
50°!0
64%
60%0
60°10
84"/0
7Q°la
55%
40%
40%
40%
20%
40 feet
40 feet
40 feet
40 feet
40 feet
65 feet
10 feet
16 feet
10 feet
10 feet
15 feet
20 feet
plus 1
plus 1
plus 1
plus 1
plus 1
pBus 1
foot for
foot fae
feaot far
foeat for
foaf for
foot for
each
each
each
each
each
each
foot of
foot af
foot of
foot of
foat af
foot of
building
building
building
building
building
building
height
height
height
height
height
height
above
above
above
above
above
abave
20 feet
20 feet
20 feet
20 feet
20 feet
20 feet
Current Allucatiun in the City
1,170.61
Zuning allucatiun
Dei-eluped Allucatiun in
the Citv
1,069.87 (91%)
Change Based Upun
Request
+6.836
Cin Council Staff Report Page 13 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Nearest Elementary, r
Nxme of School
Wilson Eleinentaii Scliool
StriclLland Middle Scliool
Bi11N RN an Higli Scliool
Vliddle, and High School
Approximxte Distxnce
From Sub.ject Property
I ?.6 1Tllf I
I ?.4 1Tll f I
I 7 1Tll f I
Project's Estimated Annual Student
Generxtion
Unable to detei7nine, no uiut count proposed
Unable to detei7nine, no uiut count proposed
Unable to detei7nine, no uiut count proposed
The applicant has not identified a uiut type or total and therefore a student generation total
cannot be determined for the proposed rezoning.
Nearest Fire, and EMS Station
Nxme of Stxtion APProximxte Distxnce From
Sub.ject Property
FFire Station #4, 2110 E. Sherman Drive ~ 3.2 nu f
,S'oatrce: C,iti~ ofI)elitoli GIS, Fire I)ej)czrtmelit, czlidE-ilS'
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Estimated Impact Analvsis
~~e (Yes ur
Prupused Demand (6.836 f Acres) Adequate tu Sei No)
Peimitted Deiisin• ~ 12 uiuts per acre ~ See beloii-
Potable Water 77 Marginal
Consumption (GPD)
Wasteii ater 49 yes
Generarion (GPD)
B. Available Capacity:
Water service is available from an existin~ 6-inch main alon~ Glenwood Lane. This existin~
main is inadequate to satisfy fire flow demands for development associated with the requested
rezoiung; offsite improvements would be necessary to resolve tlus issue.
Sewer service is available by installing a 6-inch inain eastward froin the property to the existing
8-inch main on Redwood Place. The applicant will have to acquire a public utility easement
(PUE) corresponding to the off-site property that tlus main would cross.
C. CIP Planned Iinproveinents:
There are currently no plaiuied water or sewer CIP projects for tlus area.
Cin Council Staff Report Page 14 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Roadways/Transportation Network:
A. Estimated Demand:
Estimxted Impxct Anxlvsis
Proposed Demxnd (6.836 f acres)
Pei7nitted Densin• 12 uiuts per acre
AN•erage Aimual 700
Daily- Tiips (AADT)
PM Peali Hour Tiips ~ 70
Yes
Yes
A traffic impact analysis (TIA) may be required depending on the trip generation data in
accordance with the DDC, Section 35.?02.M.?.
Constniction of a 5-foot wide sidewallc is required along University Drive frontage at the time of
development. Any constniction along Uiuversity Drive right-of-way will require a TXDOT
Permit.
B. Available Capacity:
There is adequate capacity in the roadway infrastnicture serving the site.
C Roadway Conditions:
Glenwood Lane is unimproved along the site's frontage. At the time of development, the
applicant will be responsible for iinproving Glenwood Lane frontage to City Standards.
Uiuversity Drive (U.S. 380) is in good condition.
D. CIP Planned Iinproveinents:
There are currently no plaiuied transportation CIl' projects for tlus area.
Environmental Conditions:
A. Surface Water:
There is no surface water present on site.
B. Enviroiunentally Sensitive Areas:
There are no environinentally sensitive areas present on site.
Wells (Public/Private):
The City water systein will be required to be utilized to ineet potable water and fire flow
requirements.
Airports:
The subject site is not within the ACLUD boundaries.
Adequate tu Seive (Yes ur Nu)
Yes
Cin Council Staff Report Page 1-5 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Electric:
Denton Municipal Electric (DME) has sufficient capacity to support this project.
Park Facilities:
A. Name of parlc facilities currently servin~ this area:
a. Sequoia Park, 220 feet to the south.
b. Nette Shultz Parlc, 1,500 feet to the northeast.
c. Texas Woman's Uiuversity Golf Course, 670 feet to the southwest
B. Type of services within the area:
Parlcs listed are neighborhood parlcs witlun '/2mile radius wluch include playgrounds,
playfields, play courts, wallcing trails, open space, and piciuc facilities.
Comments from other Departments:
Not applicable.
Cin Council Staff Report Page 16 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Exhibit 1 Site Location/Aerial Map
~~~end
C'ente rlit7p
~ parcels
N
Zl 0-~~~~;
1411 East Uni vers ity Drive
1t5 530
4 F-, u, r.90 92r
E FF-?'
Cin Council St1ff Report Page 17 of 48
4 14 ,,ui 4 44 Pni Case#: Z10-0007
Exhibit 2 Existing Zoning Map
.(A(EWe3&-
►
NOOD---
~ ~
I Subject Site
~ ~ ~ I
~ JREtWOO~ - ~
. ~ i
~
~
t~' ~ vr~€~.
~
0
Z14-0007;
Legend 1411 East U niversity Drive
fl 115 230 466
Centerline
parcels
~
N
690 920
~ Fee
Cin Council St1ff Report Page 18 of 48
4141,114 44 Pni Case#: Z10-0007
~ a
i-,LL ~
-q~
`DC-G
DR-2
Legend
~~entprii„c
~ Parcels
Exhibit 3 Proposed Zoning Map
.rv
. ~ i
Z10-DD07;
1411 E lJniveirsity Avenue ~
aDO 200 0 aao Feet
Cin Council St1ff Report Page 19 of 48
4141,114 44 Pni Case#: Z10-0007
Exhibit 4 Future Land Use Map
I P ~ ~
--tR JRELUNCXJC°?
_ ~
. . -
~
, c--
~
GRFEY.f.N.:C;.,
. . ~ . . J
~ r
~ - - ~ . _ ~ .
~ - _ - , _ .
i
i
I
~
. . I~.-_
- 1-_
Subject Site
_ ~~0 TE
j,
GREEF. ~ t7
niversity CQr
,Zl 0-0001l ;
Legend 1411 East University Drive
f] 115 230 460
Centerline
~ Paecels
N
690 920
~ Feet
Cin Council Staff Report Page 20 of 48
4141,114 44 Pni Case#: Z10-0007
Echibit 5 Site/Subdivision/Development Plan
°om 3`s.
a
,-n
N
>
Q
~
O N I-
8'.
ti t d
N a ~
w
r,
~
v
r,
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OSP - 1.0
Crt}' Coimcil Staff Rzport Pagz 21 of 48
a,uc,ni aaa s_ns Casz#: Z10-0007
Exhibit 6 Letter from the Applicant
pr~~gt~~,$k
~~s
~~~~ch 3. 2010
Pw1r. Mark Cunningham, AICF
Director of PIanninc~ ~evelapriient
Citv of Denfon
22'9 N Efm
Denfon, TX 76201
C1ear h1r. Clinnioigham,
Re: Zaojing Amendmeojt applicat€an for c.8± acres genenallv Iacated at the nort€ieast corner
of E. Ur~iversitv and GIenLVOad; conirnonjly° referreei ta as 1411 E Ur~iversity Dr., in #he City of
C1enfon, TexaS. (1411 E University Cir. - PAC'€0-0018)
C1ear Pw9r. Cunningham,
N1'r. Jolin Parier is consideriojg rezoning ihe subject property [Exliibit 1} frarii NR-3
(Neighbdrhaod Resident€aI 3) td NRN1U-12 (Nenghborliood Resic{ential PvTixed-lJse -"92).
Although na pIans Iiave heen formalized, Mr. Parter's intent is ta Litilize the hard corner far
ccrmrriercial use and possibly ccrnsfrucct singl'e-famdy (clusiei- Eion7es andlor tawnhomes) on ihe
remainder of the property-
PROJECT NAPRITIVE:
Existina Site ConcEitions:.
• The property is t~.836 acres and is currently zaned NR-3 (Exhibit
• The prapert_y is ncat pIattecf.
• There is one single-family structlire on khe prcrperty-
• Based crn the Cily of flen#on mappinjg;
o Thsere is no ESA on the properfy
_I Thsere is over a 30' eleviatdon chaEige an fhe property (Exhfbil 2)
• kNater is availabl'e frori7 exisfing s3"' I€ne alooig f;lenwood
• Saojitary Selver is available frorii 8' main oEi Redwca+ad
• AccesS to the praperty is from GIenwaod
o ,4 CLirb cui on Urs€versity alsa exists
S<irrotundina zonioja & uses:
Norfh: NR-3 - Sengle-farriily Res€deniial
South: NRNILI-12 - 5enior Living & uJndevelapecf
Easf: NR-3 - Single-family Resideniial
l^u'est: NR-3 - Sengle-family Resedeniial & IDC-G -Commercial
2405 Mustang C3rive / Grapeuine, Texas 76051 ; 469-955-9580 ? 817-329-4453 (Fax)
Cin Council St1ff Report Page 22 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
Pror)osed Site Cociditions:
«Topogr~phy Ml probably nieed fa be modified r,the arl7aLIrlt is unkrsown at this fime3-
• The existing resicfentia,l stl-uc#Lil-e wsll be reri7pved etemollished
Traffic Imnacf:
AItliougli tliere. are ncr pIans develloped, traffic WaLlld increase if the praperty was
rezotied arret recic-velcaped_ Ilt is anticipated that University Dr-€ve can easi,ly,
accarnmodale any €ncreasect traffie.
• Dc-n#on Deuellooment Gode Arsalvs€s
= It is ianticipated that thc- proposed development will meet or exe~ed thc- requirements of
the DDC-
• Denion PIan Analvsis..
= This c6evelopmen# rrieefs or exc~eds r~nany of the sfatecf goals and polRcaes founc6 in the
flenton PIan includRng-
The propemty is witliin the Existinci Res€dential ' Infill GoniDaiibilitv Iianci use
desigrration. The Dentarr Plan states:
Witfrirt estobfisPaed resideratitai areas, new cievefopr~~ent shotrtcf reU~ond fo
existr,r}g cdeved'optaaer7t tvrtfa c+ampafibfe daa3ci useU, patter;ras, arac1 desigr7 sfa,rada€c1s
Tfae p1an .recommeryc'U that existing ,f1ergJ7horhoods, rvittxm ttxe rrty he vigo€°otrsf - v
t7r'ofecfed anu' prese,r~ed. HausKr7g that r,, compatrble VvrfP3 tPle exrstrng derrstfy:
nerghborhood se,mce: ar4d camme,rcol dand eises rs afl~tve{1
The prapasect zoning €s respanding to the existing develapment pat#erri irr the
su!rraunding area_ Cornmercial (ncrn-residential) is dorri€nan# adjacent to
i.lniversi#y and single-f~~rri€ly residentiial heyariet fhat.
■ Thc- garQposa l sLIPPcrrts the fo llowing Growih P-Jan a gemerst Policies= {Page 1 9 - 21 j
, The growlh management strat~gy sfioulcf suppart the coorciinaticrra of pwbl€c
seruices +rritli pi-ivate development_ [levelapri7ent patferns that ri1ake the mosi
effic€eraf use af publlic s~i-vices and €nfrasirwcture 5.hotild be pi-ornoied. The
true impact of private develapment shO<AId be accura#eIV identi€ied arsd
assesseei in proportion tp publlic costs and benefits.
• Land Lises sliould be balanced tQ maintain qutility of I€fe, ti diverse econoriiy
tir€d a well-propori.i,Qned tax base. The ciiy will proai,c6e oppcrrtur€itic-s fai- the
developralent af a full array of I,and LAses witliin the city-
• Zcrning shcrtulld be use€t as crriginally infended; ta address extreme
incorr7pafib€Iit[es be#ween Ianc{ uses_ Zoning s8~ou1d be usecii ta identifiy
pertorrrn.ance stiancEards that allcaw Iancl Lises in defiinc-cE dastrie#s basecE on thar
ability tcs mit[gate potent[aI negative iriipacts can neighbcsrinq propeities. P.
reexamination af #Iie use of zonirsg as a plannRng t¢DoI sha<AId be condlActed to
re€leck comr~iunity values sLucceSsfully-
• (Page 23) Based upcrn the additional resideoifial develcapment arsd the
existing Iand lise r~nix, the city will need #o acccrmnicadat~ appraxima#ely 3,000
Page 2 ef 4
Cin Council St1ff Report Page 23 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
acres of inCllisfrial €ievelcrpmenk, 3200 aci-es of comrrierCial develcrrmlent, anc!
2;700 acres of instifutional cfeuelaprraent
• Accorriti7odatc- fLitLwre commerciaI LiSeS at key nodes throuqE7aut the cGtv. It is
recorilra7ene4ect that cammercial lJSes not be Iacated cont€nuously aIor€g
carridors in a `strip` manner.
General Criteria far amwovall i~35.3.4_C DDG) anafvsis_
A campllete applica#iaoi and fee shall be sLirmitteel.
Response: A cort'plete application & fee was submit°ted.
2_ Applicatioois riaV be appravc-d w11en the folllowing standards are mei:
a. The proposed rezaning confarrals to the Fu!fure ILand lJs.c- eI'ement of The Denton
Plan.
Respeanse: The propased NRMIJ-1c is consistent wi4h the exis#ing Iand use
designatifln {Existing Residential ! Infill Ceampatibolity}.
b. The praposed Specific lJse Permkf riieefs ihe criteria set farlh ir€ Subehapter sa, and
confarrns ta the Plirppse and iiiteoit of The Dc-nton Plan.
Response: NtA for zoning arnendment.
c. Thc- proposed rezaoiioig crr Specific Use f'errnit facilitates the adeqliate provisiooi of
tran~sportation, water, ~ewers; sc€iools, parks, afher ptihalic reqLi€rements asid plihlic
ct7Bl°deIl l'eIlce.
Respanse: ,4dequate provisicrns ferr public utili#ies anc# canveniences exist
(see analysis above and PAG09-0023 engineering carnments)..
See Exhibsf 4 far Prc~perty Descrip#ioci
See Exhibit 5 for ALithorizatiori
IPage 3 of 4
Cin Council St1ff Report Page 24 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
In summaiy wE; k:rei€eve ihat ihe propc,sc-d zoning meets the goaIs of thr Deojtooj Pian aojd is
compatible- to tt~e adjacenk and sumraunding zoriing and Iand uses-
Thank youi for your cooisidel-ation 01) this makier aoici if yeau ha~vc- any qu,estiorss pIease do not
hesrtate to canta-ci me.
Sincerely -
Spi-ing Brook Pfann€ng Group
7CReeichhart, ~ ~v~rr~n ASLA: AIICP
Cc John Porter
Attacrsments:
Exhibit 1:
Location & Zoning map
Exhibit 2:
Topo P,1ap
Exhibit 3:
NR-3 - hl'FdMU- €2 Comparison
Exliibit 4:
Li-ztter of ALithorization
Cin Council Staff Report Page 2-5 of 48
4 14 'I'ii 4443' Pni Case#• Z10-0007
Exhibit 7 Neighborhood Meeting Summaries
1. The first of five neighborhood meetings was held Monday, April 121, 21010 at 6:45 PM at
the North Lakes Recreation Center.
Thirty-four (34) people were in attendance, not including the applicant's consultant, applicant,
ILatia Boylcin and Erica Maroluuc.
Larry Reichhart discussed the proposed rezone, possibility of tailoring an overlay district,
indicating coininercial at the hard corner of Glenwood Lane and University Drive (U.S. 380)
with clustered housing or towiiliomes adjacent to the Crescent Heights subdivision along the
site's northern property boundary.
Neighbors had concerns regarding height, type of housing proposed, type of commercial uses
proposed, preservation of trees, possibility of a wall separating the residential from the eYisting
neighborhood, size of office and professional uses (less than 5,000 or 10,000 sq. ft. drainage
from site south to University Drive (U.S. 380) into adjacent single-family neighborhood,
speculative zoning, forethought to limiting uses with an overlay, aggressiveness of proposal,
traffic into the neighborhood, lighting concerns, 24-hour type businesses, hours of operation and
difficulty getting onto Glenwood from Palinwood.
Neighbors suggested tailoring the rezone request with an overlay including appearance of office
uses as single-fai-nily buildings, limiting office sizes, prolubiting 214-hour type businesses,
lighting, driveway approaches on Glenwood and Uiuversity Drive (U.S. 380), rezoiung oiily a
portion north of the University Drive (U.S. 380) right-of-way up to Palinwood Place and then
leaving the reinainder as NR-3 and consideration of single-fainily hoines along northern property
line.
Three neighbors in attendance did state, "no matter what you put here, we are not going to be
haPPY.
ILatia Boylcin and Erica Maroluuc spoke with both Mr. Porters after the meeting concluded and
suggested they regroup with their consultant and reconsider their proposal. After doing so, they
should hold another meeting prior to proceeding to P&Z and Council.
2. The second neighborhood ineeting held Tuesday, July 13, 2010 at 6:45 PM at the North
Lakes Recreation Center.
Nineteen (19) people were in attendance, not including the applicant's consultant, applicant and
Erica Marohnic.
Larry Reicliliart discussed the proposed rezone, and provided attendees with an eYlubit showing
a 15-foot wide buffer along the site's northern property line and several restrictions regarding
architecture. There was an additional condition regarding priinary ineans of access on the
exhibit. A second exhibit page provided pictures of a nearby office parlc built by Mr. Porter and
the type of arclutectural treatments contemplated for the property.
Comments from the neighbors included the statement that the restrictive overlay was, "just
window dressing," quality of potential multifamily uses if allowed through SUP approval,
fencing type and location, 15-foot buffer and residential proYimity slope (RPS), access,
Cin Council Staff Report Page 26 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
compatibility of proposed uses and transition from the surroundin~ Crescent Hei~hts subdivision,
requests to limit the uses to office or low-density residential, requests to limit commercial
potential, limit retail to a specific distance to eYisting residential, questions of ownerslup in the
future, questions of who will develop the property, questions regarding development time frame
and questions regarding the site's topography and cutting into the hill.
3. The tlurd neighborhood meeting held Tuesday, October 12, 20 10 at 6:45 PM at the North
Lalces Recreation Center.
Approximately ten (10) people were in attendance, not including the applicant's consultant,
applicant and Erica Maroluuc.
Larry Reichhart discussed the proposed rezone, and provided attendees with an exhibit showing
a 15-foot wide buffer along the site's northern property line, 100-foot wide restricted use area
where oiily single-family, professional service and offices may be constnicted and several
revised restrictions regarding arclutecture, maYimum height and fa~ade treatment. A second
exhibit page provided a coinparison of uses perinitted within the NR-3 district and those
perinitted in the NRMU-12 district.
Comments from the neighbors included the request to not allow Laundry Facilities witlun the
overlay district, clarification of the term "Single-family" (e.g. single-family attached, detached
and duplex), new masonry requirements for non-residential stnjctures, limiting building height
for all uses to one story, access to Glenwood, continuing the 100-foot wide restricted use area
where oiily single-family, professional service and offices may be constnicted along Glenwood,
questions on grading of the site and the need for a retaining wall along the northern property line,
questions regarding the square footage of potential hoines, questions posed to Mr. Porter
regarding lus intent to develop the property personally, consideration of retail oiily at the hard-
corner of Glenwood and Uiuversity, access variance questions on procedure and the
reclassification of Glenwood as a Residential Avenue Collector.
4. The fourth neighborhood meeting held Thursday, January 6, 2011 at 6:45 PM.
This meeting was held at Mr. Potter's office located at 1801 Hinkle Drive, Denton Texas. Eight
residents attended the meetin(y, as well as the applicant's consultant (Mr. Reichhart), and staff
(Nana Appiah). Mr. Reicliliart opened the meeting and eYplained to those present that the
purpose of the meeting was to discuss the applicant's proposed overlay restrictions and solicit
new ideas from the community. Mr. Reichhart also inform those at the meetintly that the main
purpose of the meetin~ is to adhere to the recommendation by City Council for the applicant to
work with the commuiuty to find a consensus on how the subject property can be developed
wlule protecting the adj acent residential homes.
The applicant (Mr. Potter), and Mr. Reichhart discussed all the new changes with the
commuiuty. They also received recommendations of new changes from the commuiuty.
Those community members at the meeting were satisfied with the changes agreed upon and as
was stated by one of the participants' "these new changes are a coinproinise. We have to ineet
each other halfway and we believe Mr. Potter has done so".
The fifth neighborhood ineeting held Wednesday, April 6, 2011 at 6:45 PM
Cin Council St1ff Report Page 27 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Nine people, excluding Mr. Potter and his consultant, attended this ineeting. Mr. Reichhart
presented a new site plan showing access to the site to attendees and aslced for their feedbaclc and
discussion. Overall, the attendees were satisfied with the proposed access, but were reluctant to
offer their support for this project. They suggested that some of their concerns can be addressed
if Mr. Potter can show the exact location of each buildings on the developinent. Mr. Potter
showed the attendees a concept plan, but said his final site plan will be similar to this plan.
Cin Council St1ff Report Page 28 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Exhibit 8 Responses to Notification
I
~I I i I I ~
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Radius
200 Ft.
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Subject Site
9 ~N~~.NU UN5
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i
ii
~ ~ I II I ~
Z10-0007; N
~Neu[ral 1411 E UniversityAvenue 1'ublicNotificationDate: 8/27/10
sed q200 Ft Notice Boundary 200' LeqQl NOtlCes Sent. 31
r 500 Ft NMice Boundary 400 200 0 400 Feet 500' COUI'tOSy NOhCOS SOnt: 99
Centerline -
Number of responses to 200' Legal Notice:
In Opposition: 12
In Favor: 3
Neutral: 4
Opposition is 4.58 acres or 29.5 11%
Cin Council Staff Report Page 29 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
I V T
NOTICE OF F11BLIC HEARING
zIO.vcro7
The Plann]ng and Zaning Gommission of the City of DenEon will ho!d a pubfic hearing on September 8,
2010 and consider making a recommenriation to City Cauncll, regarding a rezqning irom a
Neighbarhood Residential 3(NR-3) zonittg district to a fJe`sghborhoad Resirlential Mixed Use 12
(NRMU-12) zoning cfistrict with a restrictive averlay vn approximately 6.836 acres. The property is
lacated aE the nvrtheasf corner of Glsnwood Lane and East Uriiversity Drive (U.S. 380), situated wiEhin
the J.Q. Lilly Survey, Abstract No. 762, benton, Texas,
The public hearing will skart at 6:30 p.m. in the City Councii Chambers of City Hail iacaied at 21,5 E.
McKinney Streef, Denfon, Texas, 8ecause yotr awn praperfy within two hundrect (200) feet of the
subjecE prapQrfy, the Pfannirrg and ZQriing Cammissian wvuld like to hear haw you feel about fhls
requesf and invites yQU to a~tend the pubfic hearing. Pfease, in order for your apinion ta be taken into
accaunt, return this forrn with your corrGments prior lo the cfate of #he public 17oaring. (This in no way
prohilaits you frvm attending anci partlclpatirrg itt flaa public hsarirrg.) You may iax ik #o the number
located ai the bottorn or mail it tQ the address belaw or drop it aff in-person:
Planning and I]evelopment Qepartmen#
Attn: Erica Marohnic, Prflject Manager
221 N. Elm ST
Denton, Texas 76241
These fvrrns are used to aalculate the percentage o€ 1andowners that supporE and oppose the
request. The Cammissian is informed of the percent of responses in supparl arrd in opposifian.
Please clrcle one;
In favor of request hfeutral to request ppposed to request ~
Reasans for C}ppositicsn:
Signature:
Printed Name:
MaifingAddress: fillt) &0_MW4r2,ENqA-lrt,TX'l102(}9
City, State Zip: 'i7P ~
TeCepttaneNumber: ~ ts-v (~N D~ 3qU"aS°f0,,
Physical Address of Property wikhin 200 feet; ~L 7W- 1eAV,2.~ y) r t`~ `~~,~'p~
C17Y OF L?FNTON, TEXAS ciTV riAtL wEST - aENfiON. YEwAs 76201 - 940.349.$541 - (F) 940.349.7707
>('o Ps7 Nolrce
- ~
Cin Council Staff Report Page 30 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
September 6, 2010
planning and Zflnitig Commission of the City of berrton
R[: Z10-0007, Rezoning of 1411 E. llniversity Asrenue
TC! WHQM IT tv1AYCQNCERN:
Our home is lacated at 1410 Greenwoact Drive wiihin 200 feet of the prvpased properEy xfln[ng change.
We are apposed to the rezoning of the praperty at 1411 E. UniversSty Avenue. We have Ilved at #his
praperty far 2 J: years and are raising aur 7 year old daughter. We do not want the proper#ydesreloped
for busipiess for the #cslltrwing reasons:
1. The beau#y of tfte nelghborhaad wlfl be dirninished with 1-2 story buslness bui{dings
constructed. Tlie greeri space driuing up University Rvenue ts needecl tn attract homebuyers ta
the neighborhaod. Cine of the rnain reasons we purckaased aur h4me is the beau#y of being ab[e
to see green, natural space surrounding the praperty. Being able #a live in the city and
experience trees anci green space araund aur hame and zhroughouc aur neighborhaod provides
a posltive influence on our graraving daughter. Too many chlldren are deprived of rraiure in our
busy lives and having easy access ta seeing and enjnying nature is essential for their grbwing
minds and badies. We have no doubt constructing fence lines and buildings within 15 feet of our
back yard wiEl repiace this v9ew wEth something comparable ta the rear end a# a shoppittg
center.
2. We were surpr[sed to learn that tlie current property owner raised his childrert in this
neighborhood and was ahle to enjoy all of the green space and trees thraughout their time
Eivinghere. HQwever, he is naw willing #o d€minish the Qpportunity we have and future #amilies
have to experienee ihe sarne privacy, safety ajid beauty,
3. The awner has often referred us ta some office bui[dEngs he has built on Hinkle Raad as an
example of what will be pEaced here 4n this property. Admikkediy, these are attract3ve of#lce
buildirrgs whicft do rtot clasft wl#}i the nelghksoring areas, However, he has giveEl us rrn guarantee
tlaak he wifl retain the property once at is rezoned. He cauld seli it piecemeal, and the
subsequent owners woufd be under no compuls6nn to fallow the style of his crffice buildings.
4. If the praperky is rQZaned, then the hill will be #aken out and gracied. Presumably there will be a
ten to f`rfteen faot retaining wall built, which wi{I have huge pressures plaeed an it by #he weight
of all the dirt and rack in our nefghborhaad's soil, `thls could destabilize the houses next to arry
proposed deuefopment. We also have a paal, whfch c4uld easily crack and leak water if this
were to happen.
5. Property values. [7enton property values have begun #o ffafl, wfiich threatens ta hrong on the
"underwaier" phen4menon, where the owner awes more on the h4use than it is worth on the
market. Futting a series of buslnesses on that properiy, next dcaor tn our neighborh4od, can only
warsen this siYua#ion.
Cin Council Staff Report Page 31 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
fi. The noise - 7he increasecl traffic into what coLaid become a business area will raise the already
cansiderabEe rto€se level and become a nuisance. Garhage trucks artci other utiEity vehicles wlfl
cdme and go at odr3 h4urs Qf the day and nighk, interrupting our peace, and our sleep.
7. The smell - Businesses rrrost aften place their garbage bins behind #hetr buildings, wMich would
then he very ckose to Qur homes. The smell of garbage would ruin aur enjayment o€ our
backyards, and diseourage us frvm apening Qur windows during pleasant weathero
8. 7he Increased heat - paving this large expanse of land can onEy increase the heat iE would retain
during hat weather, witich would make our back yards ever hvtter during the summer.
We respectfullX request tlte Planning ancf Zoning Gommissiori af the City of E3enton deny the request to
rezone tkte property at 1411 E. UniversikyAvenuea
Respec##UIly sLabmitted,
~
Tioe Verges Famiiy,
ti
Roy Verges, Beth Bates-Werges and 5ofia
~
141{} Greenwnod Driwe
~
[7enton, Texas 76209
~
2
Cin Council Staff Report
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Page 32 of 48
N+QTTCE OF P'UBLIC HEARING
z1o-a0o7
The Planning an+d Zcfning GommissiQn o€ ihe City of C}enton wilf hold a public hearing on September a,
2010 and consider making a reccammendakion to City Council, regarc[ing a rezonirrg from a
Neighborhood f2esic#ential 3(iVF;-3) zoning district fa a Neighborhood Residenfial Mixed Use 12
(NRMU-12) zaning distrlct with a restrictive overlay an approximately 6.836 acres. The property is
Iocatecl ak the noriheasfi corner o# Glenwaod Lane and East University Drive (U.S. 380), situaked within
fhe J.Q. Lilly Suraoy, Abstrac# Na. 762, C3enton, Texas.
The publie hearing udilf start at 6:30 p.m, in the City Council GMambers of Gity Half Icacated at 215 E.
MeKinney Street, f?enton, Texas. Because yau own properfy wifhin two hundred (200) feet of the
subjecf properfy, Ptae Planning and Zonfng Corrirrrissfon would like #o hean cow yacr foel abvuf fhis
rcquest ancl invites yau to attend the publlc hearitrg. Please, ln rsrder for your op3nian to be taken intca
accaun#, return tliis form with your comrnents priar to the dafe of the pub4ic hearing. (This irt no way
prvhibffs yau fram atfencfing and ,varticlpating fn the pubtic hearing.) You may fax if kQ the number
located at the baltam or mail it to the address below or drop it a€f in-person:
Planning and DeveCvprnent Department
Atfin: Erica Marvhnic, Project Manager
221 N. Elm Sfi
Denton, Texas 76201
These forms are used to calculate the percentage of landowners that suppart and appase the
request. TMe Cornmission is 9nfarmed oF #he pcrcent of responses in suppork and in oppQSition.
Please circle nne: _
fn favor of request t~eukral to requesk Copposed to r~~uest ~
L _ . ~
Reasons for Oppositlan:
-0
~ V~
Printed
Pv~ .
ailing Address:
Zi;~"r~°~ lf S
Y, p~~ )Q, t
Telsphone Number. -7T~U -
M-4:7-7
Physical Address nf Praperty wifhin 200 feek: d~-
t.
CiTY C7F [?ENTO►V, TEXAS ci7Y HaLL wEST - nEraTcara, TEXAs 76201 = a40.349.$541 (F) 940.349.7707
09-0- i fj ! f; 7 f ;1CVIi
FSZ Notict
Cin Council St1ff Report Page of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Nv-rrc~ OF PuBLrc HEaRrNG
ZI 0-o007
The Plarsning and Zaning Cc,mmissiQn of the City of Denton will hold a public hearing on September 8,
2010 and ctinsider makirtg a reenmmenclativn ta City Councif, regarding arezaning from a
Neighbarhood Residential 3(NR-3) zoning district to a Neighbarhnad Residentiaf Mixed Use 12
(NRMU-12) zoning ciistricf with a restrictiva caverlay on approximateiy 6.836 acres, Ths property is
lacated at the northeast corner of Glenwaod Lane and East tJniversiiy Drive (fJ.S. 380), situafed within
the J.Q. Lilly Survey, Abstract Na. 762, Denton, Texas.
The public hearing will stark aE 6;30 p.rn, irr the Gi#y Council Chambers of Giky Nall located at 215 E,
NlcKfnney Streek, Denian, Taxas, Becacise yau own property wifhin twro hundred (200) feet of the
subject praperCy, the Planning and Zaning Gommissr"on watild lidie to haar how yau faet abouf fihis
raqcies# and invites ynu to aftend fhe public hearr'ng. Ploase, in order far yaur opinion fa be taken into
account, return this form with your comments priar tcs the daie of the public hearing. (This in no way
prohitaits yau from aftending and participafing in the pubilc hearing.) Yau may fax it to the number
lacated at ths bottam ar mail it fa the address below or drap i# v€f in-person;
Planning and aevelopment pepartment
Attn: Erica Marohnic, ProJect Manager
22'[ N. Elm ST
Denkan, T'exas 76201
These forms are used ta calculate the percentage of fandowners that suppart and oppose #he
request. The Gornmissian is inforrned of the percent of respanses in suppast and in Qpposi#ian.
Please elrcle one:
In favor of request Neutral to requcst ~?ppcased to request
~
Reasons fvr Opposition:
•r
Uv
~
Signature: Y ~ . -
F'rinted Name: ~y~ A
Mailing Address: t;2_~1` I-~/4 i.naC's ~v~
Gity, State 2ip: D R 1. t- 'Qs Tk, 15'x pV 4le 3
Telephane Nurnber:
Physica3 Address of Praperty wi#hin 200fest. /.Jd.%~ ~IZaOnIu>~~jn, of;
CfTY OF dENTON, TEXAS cIrv Ha,LL wEsr - oEraroN, TExxAs 76201 - 940349.$541 •(F) 944349.7707
700' PAf rti490GB
Cin Council St1ff Report Page 34 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
5ep 06 10 09:23p Jeif NlcCarmick 940-566=9063 0.1
{
~
~ . , . . r,.-~. ; ~ . .
i
! ~~BLIC HEAR.8+NG
t~ ZIO-0007
The P6annirtg and Zoning Gqmrnissian af the Gity of [3enton will hnfd a public hearing on SepEember 8,
2010 and ccansfcfer rnaking a recommendatican to Gity Cowncil, regardang a rezoning frflrtt a
Nafghborhaoci Fwesfdentiaf 3(MR-3) z4ning dletrict fa a Neighbarhood Ftesidential Mixed tlse 12
(NRMU-12) zorting disfrict uwith a restric[ive averlay ort apprcaximate4y 6.536 acres. The presperfy Is
lacated ai the northeast corner ofi Glsnwcsod Lana and Esst University Drlve (U.S. 380), sltuatad vwithin
the ,l.4. Liliy Sunrey, Abstraei Nv. 762, Denton, Texas.
The publrc hearing wilt start at 6T30 p.m. in the Gity Councff Chambers af City tiall iacated ak 215 E.
McKinney Street. Denton, Texas. Because yau vwn prnporty withr`ra #wo hvndred (200) feei of the
subjecf prqperfy, the P1arrning ana' 2oraing Commiss8on varautd like to he$r haw ypu tesl aboclt this
recluesf and invr"tes yau fo a[tend the pcrbllc hearing. Please, [n order for your capinion ta be Eaken into
accaunt, return this form with your comments prior xa the date af the public hearing. (Thfs in no way
protrtbfts you fram atFendr`ng and partiCipating !rr the publfa heatirag.) You may tax it iD the number
inca4ed at the hottom or mai( it fo the address below or drep it Qff in-perscan:
Flartning and t7evelopment Department
Attn: Erica Marohnla. Projest Allanager
221 N. Elitt ST
Rentort, Texas 76201
These forms aee used to calculake the percentage Csf iancfotivner^s ttsat suppart anrl oppose the
nequest. The Ccxnmissiun is in€carmecE ot the percent o# resprsnses tn suppart and in flppasitian.
In favor of request
Reasc►ns for Dppbsitiqp:
~.u~ i1-'~ t~-
t~(l.
Ple,ase circle one:
to request
Neutr31 tn reyuest ~?ppcssed
Mu ~n~ilv and hom~, , cas~ hc~rne~
Signafure: vx40T-
rr t
City, Pr(ntsd Name• e , ' ~
Mailing Address: f7C~
State 7.iP: -'°1_114.. "1L4~001
Telephone Number: * 2nj,n - 14 $ ~lo
Physical Address of Properky wi#h6n 200 #eet:
(~iffY OF DENT(?N, TFM4S GC'fY FWLL YitEST •DENT€)N, TFXAS 78201 • 940_349.8541 •(F) E?40.349.3707
Cin Council St1ff Report Page 3-5 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
, ~
f NOTICE OF PUBLZC HEARING
~
Z'[O-QOU7
The Pfanning anc+ Zoning Cammissfon o1 the Cfty af Denton vvili hold a publio hearing an Septerrtber 8„
2010 arid consider maklng a recommenda#ion to City Gouncil, regarding a rezoning frorn a
Neighborhorad Residentia! 3(NR-3) zoning district to aNeighborhood Residen#ial Mixed Usa 12
(IVRMU-12) zorting dlstricl vrith a restrictive averlay on approximateMy 6.836 acres. The property is
located at the northeast cflrner es# Glenwood Lane and East Universify Drive (U.S. 380), situaied withln
the J.Q. Lilly Survey, Abs#ract No. 762, Denton, Texas.
Tha public hearing wiPl starf at 6:30 p.m. in the City Cauncil Chambers of City Hall facated at 215 E.
McKinney Strse#, Dentnn, 7exas. 8ecause you vwn praperty within lwo hundred (200) feat af the
subject properiy, the Pfanning and Zorrlng Cammissivn would fike fa hear how you feei about fhis
request and invltes you to attend the public hearing. #'9ease, in order for your ppinfan ta be #aken inia
ac+coun#, return #his form wifh yaur carrtmenis pr[or fo the rlate of the public hearing. (Th6s in no way
prohtbits yvu #rnm atfendt'ng and par#icipaPing in the pu,blic hearing.) You may fax it to the number
located at the bottQm nr mail it to the address belcaw or drop it off in-persvn:
Planning and Development Department
Attn, Erlca Marohnic, Prolect Manager
221 N. E!m ST
Denton, Texas 76201
These farms are used to aalculate the percentage vf Iandowners that support and oppose the
request. •The Commissiocr is inforrrted of the percent of responses in supporf and in oppositi4n.
Please circle csne:
Neutra9 ta request
fn fevor of request
is for t)nnasitivn
a ~
~ ~~r~~.,~k* ~'_l// 1 ~7
~
4
Physicaf Address of Prope~ri ~nny 'thin 200 feet:
C17'Y QF DEAi7'ON, TFXAS crTY xALL wesT iDENroN, zExns 7e201 ~ 94U4e_8541 ,{F}sa0.3as.rap7
• 0, ~?-i7`~-1+l 11. •f,' ii(:1!i>
200 t'Sl NQtiCe
Copposed to request
'/,y'
h
Cin Council Staff Report Page 36 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
~OT~~~ PUBLzC HEAR_NG
Zi 0_0o07
The Planning and Zonang Cvmmission afi the City af berrton will hold a public hearing on September
2010 and consicfec making a recammendafion to Ci#y Gauncil, regarding a rezoning fram a
Neighbnrhood Ftesidentia( 3(NR-3) zoning disirict #o a Neighborhoad Residcntial Mixed Lise 12
(NRMU-32) zaning district with a restrictive overlay Qn approximafiely 6.836 acres. "The praperfy is
Ivcated 'af the norkheas# corner of GEenwofld Lane and East Uniuersi#y Drive (U.S. 380), situated withira
#he J.Q. Lillp Survey, Absfract hlo. 752, DenYan, 7`exas.
The public hearing will start at 6:30 p.m, in the City Council Chambers of Cify Hall locafed at 215 E.
McKlnney Street, Denkort, Texas. Because you awrr praperfy wr`lhln Cwo huncired (200) feef of the
subject prQperty, the Planning and Zotring Commis5ion would it#ce to hear how you feel about this
requesC and Fnvlfes yau to attend the pubtic hearing. Please, in arder far your opinion to be taken into
account, return this fflrm with your comrnents prior to the date Qf the public hearing. (This in r7o way
prohlbl#s yvu from aftending anci parficr'pafing !ra the public hearing.) You may fax it to ihe number
loca#ed at fhe batfom or mail i# t4 fhe address bel4w or drop it off in-person:
Planning ancf Develapment Departrnen#
Attn: Erica Marahr[ia, Prtaject Manager
229 N. EIm ST
Dentran, Texas 76201
These #c►rms are usecE to calculate fhe per+c+entage of landowners that support and oppose the
request. The Cammission is informed of the percent af respanses in support and in oppnsiiion.
Pfease circle one:
In Fauar of request Neu#ral to request OPposed t4 request
Reasons for Qppasition: ~
t /
t ~
d ~ '7,• ~`~2.~~ , 5 `y,
~
{~:F'"7~`"~ tf✓,'~"-t~~$i,¢!1 % ~C.~I r d~1~ _
V
Signafure:
PI"11`It@d Na171G.
Maifing Address: ~ ~R~a e~,,~,
City, Siate Zip: W),:3
Telephone Number; `C"f4 _ /
Physical Adriress of Properly wi#hin 200 feet:
C1TY OF DENTQ1V, TEXAS CITY NALL WEST •(]ENTGN, TEX.4S 76201 - 940349.8541 •(F) 940.340.774]
09_i'7_'1E1 1 i ~ 1) ik[',Vt)
?0:1YP3°Z tdcti'er.
Cin Council St1ff Report Page 37 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
NO`x`ICE QF PUBLIC HEARING
zIo.a0o7
7he f'fanning and Zoning Corrsmission of the City of Dcntcan wi[I hold a public hearing on September 8,
2010 and conslder mafting a recommendalion fio City Gauncil, regarding a rezoning frvm a
Neighborhorrd Residential 3(NR-3) zarting district to a Neighbarhood Resicfential Mixed Use 12
(NRtwtiU-12) zoning c4istrict with a restricfive overlay on approximafely 6.836 acres, The property is
IcaGated a# the norkheast corner of Glenwoad Lane and East University Drive (U.S. 38[3}, situated wifhin
ihe J.Q. Liliy 5urvey, Abstcact No. 762, Denfon, Tsxas.
The public hearing wiii start at 6:30 p.rn. in ihe City Councal Ghamhers vf Ci#y Halt iocated ai 215 E.
McKinney S#reet, Denton, Texas. Because yau awn properfy wlthin fwv huradred (200) feef of the
subject prQperfy, the Planning and Zoning CamEnission woufd like tv hear 17otv you feel ab4tat this
reqciest and invi#es you to attend the public hearing. PEease, in order for yaur apinion to be taken inko
account, return this form witli yaur commenfis prior to the date caf ihe public Ilearing. (This In no way
prohibits yau fram atfertding ancf participating in ihe ptebt3c hoaring.) You rnay fax it to the number
iocatQCi aE the battom or mail it to the address belaw or drop it oFf 'sn-persan:
Planning and Development Uepartment
At#n: Erica Marahnic, Pra]ect Manager
221 N. Elm ST
Qentort, Texas 76201
These forms are used to calculate the percentage af landowners tha# supporf and appose the
request. The Camnrrission is infarmed of the percent of responses in suppart and in cappositiesn.
In favor of request
Reasons far Oppasitian:
l kS ~~~ar~~ ~ ~ 4rtlS
Please circle one.
. .
Neutral to reqUes1 &pased to re ues# U,"
CtAi5C.AkCTA,~,a e VNr,1,C,
t
MatO i S kU,-r1}4
fl r ts~~',cx . --PLC e #
signature:
Prin[ed Name: ~
Mailinc~ Addrsss: 13 4t3 t.j 06 C[ty, State Zip: , 'bzaknk y-V'*C '7 fa 21,, `I
Telephone Number: a.i 4 -`Io 4 - dCS I(~
Physical Address of Properiy wi#hin 200 feet: UL-.s .
C1T'Y OF DENTQIV, TElCA3 carv HnLL wEsT ; oEN°rQN, TE:cAs 7e201 • 940349.8641 - (F) 940.a493707
t) si - J "1-1 L, i :k : Uy 1f {-,,r l~
200'P,Iz ns. €trF
J
Cin Council St1ff Report Page 38 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
NOTICE OF PUBLIC HEARING
Z10-0007
The Pianning anci Zoning Commission of the City of Denton will hold a public hearing on Sepfember 8,
2010 and consider making a recommendsEion to City Council, regarding a rezoning from a
Neighborhood Fies[dential 3(NR-3) zoning district to a Neighborhood Residential Mixed Use 12
(NF:MU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is
located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), s[tuated within
the J.Q. Lilly Survey, AbsEract No. 762, Denton, Texas.
The public hearing will start at 6:30 p.m, in ftte City Council Chambers af City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you osvn properfy wi(hin two hundred (200) feet of fhe
subjec€ properfy, the Planning and Zoning Commission wouid Iike to hear how you feel abouf this
request and invi#es you to at(end the public hearing. Please, in order for your opinion to be taken inta
account, reEurn this form wifh your comments prior to the date of the pub[ic hearing. (This in no way
prohibits you from atfending and parficipafing in fhe public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it otfi in-person:
Planning and Developrnent Deparfinenf
Aftn; Erica Marohnic, Project Manager
221 N. Elm ST
Denton, Texas 76201
These forms are used fo calculate the percentage of landawners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposi#ion.
Please circle one:
In favor af request
Reasons for Opposifion:
Neutral ta request
Copposed ta request
C eJ~
Signature: _ ~ ti ~
Printed Narne: / ~r 13~~~ier_T_ /7,-? PtA lef'" ~
Mailing Address: 13 _~o ~1✓~~~~1~r~~c~~>C-/
City, State Zip: JlI?j~
Telephone Number: 7
Physical Address of Praperty within 200 feet: /.i.~ 0 4~5v`r~~a
CITY OF DENTON, TEXAS ClTY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
0 1-2~,t-i l I%:Y_I fN
Cin Council Staff Report Page 39 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
f
NoTICE OF PUBLIC HEARING
zI 0-0007
The Pianning and Zoning Commission of the City o# Denton will hold a public hearing on Sepfember 8,
2010 and consider making a recommendation to City Council, regarding a rezoning from a
Neighborhood Ftesidenfial 3(NR-3) zoning d[strict to a Neighborhood Residential Mixed Use 12
(NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is
located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within
the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas.
The public hearing will start at 6:30 p.m. in the City Counci! Chambers of Cify Hall locafed at 215 E.
McKinney Street, Denton, Texas. Because you own properfy wrlhin two hundred (200) feef of the
subjecf propetfy, the Planning and Zoning Commission would like fo hear how you feel about this
reguest and inUifes you to affend the pubfic hearing. Please, in order for your opEnion to be taken into
account, rafurn this form with your comments pr[or to the date of the public hearing. (This in no way
prohibits you from atfending and parficipafing in the public hearing.) You may fax it to the number
locafed at the botiam or mail it to the address below or drop it off in-person:
Planning and Development Department
Attn: Erica Marohnic, Project Manager
221 N. Elm ST
Denton,7exas 76201
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in supporf and in oppositian.
Please circle one:
In favor af request Neutral to request Opposed to request
Reasons for ppposition:
" cts2N
NRivn4 (Z- y 11 D Ut~: -ro i Z) v Ij n-r 04 C- u213 r
7tl W;T~o
1< LS ~i§~' ~ A N t~- !j G-7'1~ ~ 2 L= (~3 1 L LP AL.r
u-~ Cti
la,c2L~ h5 wr , , i~ar- r= L
SignaEure: -1 i.lAr1. r.-k
Printed Name: ~oN ALD W R t ~I Ft-
Mailing Address: 2;- r~ <';t- rz NM»
City, State Zip: ~g7= N 0 +J °7^1'- 7 Gzu eA
Telephone Number: 9+cv.- 8? - $6 s'1
Physicaf Address of Property within 200 feet: `Lozs-- G l.~=titJO d a Liu
~ ~
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
OI -Iu-l 1 f7~~'1 fN~~
Cin Council Staff Report Page 40 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
NOTICE OF PUBLIC HEARING
Z'I0-0007 The Planning and Zoning Comrnfssion of the City of Denton wiil hold a public hearing on September 8,
2010 and consider making a recommendaEion to City Council, regarding a rezoning from a
Neighborhood Residentiaf 3(NR-3) zoning district to a Neighborhoad Residential Mixed Use 92
(NRMU-12) zoning district with a restrictive overlay on approxi€nately 6.836 acres. The property is
located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within
the J.Q. Lil[y Survey, Abstraet No. 762, Denton, 7exas.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property nvi(hin two hundred (200) feet of the
subject properfy, the Planning and Zoning Commission would like fo hear how you feel about this
request and invites you to attend the public hearing. Please, in order for your opinion to be taken [nto
account, refurn this form with your comments prior to the date of the public hearing. (This in no way
prohibifs you from aftending and participating in the public hearing.) You may fax it to the number
Iocate8 at the bottom or maif i# to the address below or drop it o€f in-person:
Planning and Devefopment Department
Attn: Erica Marohnic, Project Manager
221 N. Elrn ST
Denton,Texas 76201
These forms are used to calculate the percentage of landowners that support and oppose the
request The Commission is informed of the percent af responses in support and in opposition.
Please circle one: -^---m -
In favor of request Neutra[ to request Opposed to request
Reasons for Opposition: rl ,
~ A
' o n - -
Signature:
Printed Name: 1)15V ~ 4-/fs,. < <
Mailing Address:
City, State Zip: Telephone Number: C-'f l.I-it I6 7
Physical Address of Properfy within 200 feaf:
~1 G, 2Ucj
CITY OF DENTON, TEX.4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
Cin Council Staff Report Page 41 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
NOT'ICE 4F PUBLIC HEARING
zIo-oo07
The Planning and Zoning Commission of the City of Denton wi!l hold a public hearing on September 8,
2010 and consider making a recommendation to City Council, regarding a rezoning from a
Neighborhood Residential 3(NR-3) zoning district to a Neighborhood Residentiai Mixed Use 12
(NRMU-12) zoning district vrith a restrictive overlay on approximately 6.836 acres. The properfy is
located at the northeast corner of Gienwood Lane and East University Drive (E1.S. 380), situated wifhin
the J.Q. Lilly Survey, Abstract No. 762, Denfon, Texas.
The pubEic hearing will start at 6:30 p.m. in the City Council Charnbers of City Hall located af 215 E.
MeKinney Street, Denton, Texas. Because yau own property within fwo hundred (200) feet of the
subject property, the Pfanning and Zoning Commission would Iike to hear how you feel abouf fhis
request and rnvites you fo attend the publie hearing. Please, in order for your opinion to be taken into
account, reiurn this form with your comments prior fo the dafe of the public hearing. (This in no tvay
prohibifs you from atfending and parficipating in the public hearing.) Yau rrEay fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
Attn: Erica Marohnic, Projecf Manager
221 N. Elm ST
Denton, Texas 76201
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
Please circle one:
In favor of request Neulral to request Opposed to request
Reasons for Opposition:
~
r
P-/0~s~, P5f"~v4
X6; s o
Signature:
Printed Name: ~ e~~!! Sa^-o~e~f
Mailing Address: /t dN r'cewwo~ W er•
CitY, State zip: flav~taN ,~x 74, 2 O-q
Telephone Number: qy6- 20 C ~7 0 77
Physical Address of Property within 200 feet: 1,Coy 4eeH
CITY OF DENTON, TEXA$ CITY HALL UIlEST - DENTON, TEXAS 76209 - 940.349.8541 •(F) 940.349.7707
<~T Ll
Cin Council St1ff Report Page 42 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
NOTICE OF PIJBLIC HEe4RINC
z1a-ooo7
` The Planning and Zoning Commission of the City of Denton will hold a public hearing on September 8,
2010 and consider making a recommendafion to City Council, regarding a rezoning from a
Neighborhood Residential 3(NR-3) zoning districf to a Neighborhood Residential Mixed Use 12
(NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is
located at the northeast corner of Glenwood Lane and East Un[versity Drive (U.S. 380), situated within
the J.Q. LilEy Survey, Abstraci Na 762, Denton, Texas.
The pubiic hearing will start at 6;30 p.m, in the City Council Chambers of City Hali locafed at 215 E.
McKinney Street, Denton, Texas. Because you own propsrty within fwo hundred (200) feef of fhe
subject property, the Planning and Zoning Commission would like to hear how you feel about this
requesf and invites you to attend the public hearing. Please, in order for your opinion to be taken info -
account, refurn this form with your comments prior to the date of the public hearing. (This in no nvay
prohi6rts you from attending and participating in the pubfic hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Developmenfi Department
Aftn; Erica Marohn€c, Project Manager ,
221 N. Eim ST
Denton,Texas 76201
These forms are used to calcu[ate the percentage of landowners that support and oppose fhe
request. The Commission is informed of the percent of responses in support and in oppos€tion.
Please circle one:
En favor of request Neutral to request COpipsed to requesi
I Reasons for Opposition:
A~ ~
~6l.Lja l°~ ? A V~. ~14✓'ls~ S r'+-~L< 6 ._1 > A i1 / I
~
AIl A,T'` I,
_
,11~,~x...- ilt~fi
Signature:
Printed Name: ~ k k) G' 1 •
Mailing Address: rt't F)_.
City,State Zip: i`d,.1L\ i~ '71-,._Q,(~/
Telephone Number: cf 41l =i4.;l
Physical Address of Property within 200 feet: ~ha_p;i
C17'Y OF DENTON, TEXAS C1TY HALL WEST • DENTON, TEXAS 76201 • 940349.8541 •(F) 940.349.7707
City Council St1ff Report Page 43 of 48
4 ia;,,,ii 4 44 Pni Case#: Z10-0007
Exhibit 9 Site Photos
Cin Council St1ff Report Page 44 of 48
4 14 ,,ui 4 44 Pni Case#: Z10-0007
Cin Council St1ff Report Page 4-5 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Exhibit 10 October 20, 2010 P&Z Meeting Minutes
A. Hold a uublic heariniz and consider malciniz a recommendation to the Citv Council reizardiniz
a rezoiuniz from a Neitzhborhood Residential 3(NR-3 ) zoiuniz district to a Neitzhborhood
Residential Mixed Use 12 (NRMU-12) zonin,, district with a restrictive overlav on
aaaroxiinatelv 6.836 acres. The aroaertv is located at the northeast corner of Glenwood
Lane and U.S. Hi~-,hwav 380 (East Universitv Drive). (Z10-0007. 1411 East Universitv
Drive. Erica Maroluuc) On October 6. 21010. tlus item was continued to a date certain of
October ?0. 21010.
Marohnic presented this itein. The request is to rezone approxiinately 6.836 acres at the
northeast corner of Glenwood Lane and U.S. Highway 380 froin Neighborhood Residential 3
(NR-3 ) to Neighborhood Residential MiYed Use 12 (NRMCJ-12) with a restrictive overlay.
Surroundint', uses include residential and commercial. The restrictive overlay is proposint', all
allowable uses with the exception of laundry facilities, a 6 foot tall wrought iron fence, a 15 foot
buffer with oiily trees and a 150 foot limited build zone. The limited build zone would be
restricted to oiily professional and office uses, the buffer would be limited to Type C buffer from
the Criteria Manual and the fencing and buffer could be internjpted for ingress/egress.
Additional architectural restrictions and limitations were defined in the backup material.
The property is currently developed with one single-fai-nily house. There were 31 certified
notices mailed to property owners within 200 feet of the subject site. There were 16 responses
received in opposition, 3 of those were outside of the 200 foot radius, but within the 500 foot
radius and there was one duplicate. There is a 31.33% area of opposition so a supermajority vote
of City Council would be required to rezone tlus area. The Development Review Committee
recommends approval of this request.
Lyke questioned the total acreage of the limited build area. The applicant, Jolui Porter,
responded from the audience, that it would be approYimately 3 acres with the restriction area.
Bentley stated that the buffer is limited to professional offices, but requested clarification if retail
was completely out and if community services would be allowed. Marohnic responded that
retail is completely out and if those commuiuty services are allowed in the NRMCJ 12 zoiung
district those would be allowed as well. Bentley requested further clarification if bars and clubs
would be prohibited. Marohnic confirmed this.
The applicant was present to spealc.
John Porter
1111 Emerson Lane
Porter stated that he purchased the property as an investment opportuiuty. Porter presented
photographs to the Coininission of another developinent of professional offices that he
completed behind the Chase Bank Building on U.S. Highway 380 and noted the architectural
features, roof pitch and the residential neighborhood that is located to the north of it.
Bentley questioned the applicant why he was pursing re-zoning the entire property and not
soinething less intense. Porter responded that the NRMCJ-12 would allow the inost flexibility.
Bentley also questioned the ratio of businesses to residences, site design and if any tenants were
already plaiuied. Porter responded that several neighborhood meetings have talcen place, but a
ratio, site design and tenants have not been deterinined at this tiine. Porter stated that he has
Cin Council Staff Report Page 46 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
spolcen with a dentist and pediatrician, however, without having the zoning approved to allow for
those uses it is difficult to begin that stage of the project.
Ryan questioned if the applicant would be olcay with a Specific Use Permit (SUP) requirement
for certain uses. Larry Reichhart, Springbrook Planning Group, developer for the applicant,
stated that an SUP is already required.
Porter stated that the overlay limits the development to one-story to keep it harmoiuous with the
neighborhood. Lylce questioned where the road would be located. Reichhart stated that the
Denton Development Code (DDC) does not allow for access off of Highway 380 without a
variatice. Reicliliart continued that there is a current median brealc on Highway 380 and it is the
intention of the applicant to pursue a curb cut off of Highway 380 as the variatice was too
difficult to tie to the zonin,,. For the current application purpose access will be derived from
Gleenwood. Lyke questioned the location of an internal road. Reichhart stated it would loop
through the property.
Reichhart noted that there have been several concerns from the adjoining neighborhood
includin~ bufferin~, transition of uses, quality, architecture, li~htin~, buildin~ hei~ht and access.
Reicliliart stated that he and the applicant feel that the overlay district addresses the majority of
those concerns.
Lyke questioned the topography and if there were plans to grade the hill on the subject site.
Reicliliart stated the intention is to worlc witlun the eYisting topography. Bentley requested
clarification on the limit to one-story and questioned what would prevent a tall commercial boY,
like CVS. Reichhart stated that the square footage is limited to 5,000 square feet, a lot smaller
than a CVS and that he and his applicant are not opposed to a height limit should one be included
as a restriction. Reicliliart continued that the arclutectural requirements would not allow a split
face retail boY.
Cunnin~ham questioned if it is the applicants intent to put in for the record the elevations of the
applicants other project to demonstrate aesthetics and roof pitch. Reicliliart stated that the
photographs are an accurate representation of style and roof pitch, however, the proposed
aesthetic detail and layout will be different.
Thomas opened the public hearing.
Spoke in opposition of the request:
Tim Fisher, 1603 Greenwood Drive
Roy Verges, 1410 Greenwood Drive
Louise C. Broolcs, 1510 Greenwood Drive
Provided cards in opposition, but did not wish to spealc:
Beth Bates-Verges, 1410 Greenwood Drive
Doris Roush, 1518 Greenwood Drive
ILay Copeland, 1709 Laurelwood Drive
Patsy James, 1511 Greenwood Drive
One card was provided by Larry Reichhart, 2405 Mustang Drive, in favor of the request.
Reicliliart provided lus comments during the presentation of tlus request.
Cin Council St1ff Report Page 47 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
Reicliliart responded in rebuttal for the applicant. Reicliliart addressed the concerns noted by the
spealcing opposition stating that one complaint was that tlus was speculative zoiung. Reicliliart
stated that until the property is zoned no one is going to put inoney forward to invest in creating
a site plan. The issue that sin~le-funily townhomes may not be compatible Reichhart disa~rees
with stating they would provide agood transition from commercial to residential uses citing an
eYample on Poinsettia and Sherman Drive. Reicliliart stated that tlus (NRMCJ-122) is the latest
zoiung category added by the City. There is some retail and some office uses and tlus proposed
development would blend with other businesses along Highway 380. Other issues addressed
including the garbage issue and no restaurants are allowed with this overlay, so the sinell froin
garbage should not be an issue and the lack of green space witlun the development.
There were additional discussions and clarifications with the Commission. One more person
caine forward to spealc in opposition: ILay Copeland, 1709 Laurelwood Drive.
Thomas closed the public hearing.
Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this
zoiung request. On roll call vote:
On roll call vote: Coininissioner Ryan "aye", Coininissioner Thoinas "aye", Chairinan Reece
"aye", Commissioner Bentley "nay", and Commissioner Lyke "nay". Motion carried. (3-2).
Cin Council St1ff Report Page 48 of 48
4 ia;,,ii 4 44 Pni Case#: Z10-0007
s leenl'um ducumenh urdmmnces 11 zl 11)(17 urdmnnce duc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3(NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL
MIXED USE 12 (NRMCJ-12) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNTION, WITH AN OVERLAY DISTRICT, ON 6.836 ACRES OF LAND LOCATED
AT THE NORTHEAST CORNER OF GLENWOOD LANE AND EAST UNIVERSITY
DRIVE (U.S. 380), SITUATED WITHIN THE J.Q. LILLY SURVEY, ABSTRACT NO. 762,
WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY 1N THE MAXIMUM AMOUNT OF $21,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z 10-0007)
WHEREAS, Spring Broolc Planning Group, has applied for a change in zoning for
approYimately 6.836 acres of land described in EYlubit "A", attached hereto and incorporated
herein by reference (hereinafter, the "Property"), from a Neighborhood Residential 3(NR-3 )
zoning district classification and use designation to a Neighborhood Residential Mixed Use 12
(NRMCJ-12) zoninc-1, district classification and use desit-1,nation, with an overlay district; and
WHEREAS, on October 20, 2010, the Plaiuung and Zoiung Commission concluded a
public hearing as required by law, and recommended approval of the change in zoiung, with a
restrictive overlay limitin~ uses and imposin~ additional restrictions (the "Overlay").
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. The findings and recitations contained in the preainble of this ordinance are
incorporated herein by reference as tnje.
SECTION The zoiung district classification and use designation for the Property is
hereby changed from a Neighborhood Residential 3(NR-3 ) zoiung district classification and use
designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district
classification and use designation, as further restricted by the above-recoininended Overlay
district requirements, as specified above in the Recitals.
1. All uses permitted witlun the NRMU-12 zoiung district are permitted on the subject site
as described in Exhibit A of the ordinance, except for Laundry Facilities.
a. The only stnictures allowed within 150 feet of the northern property line shall be
professional service and office uses. Parlcing is permitted witlun 20 feet of the
northern property line.
2. An eight-foot high solid screen fence (good side out) shall be installed per the
requirements of the Denton Development Code, constnicted with steel posts and decorative
caps, in the locations specified witlun EYlubit B of the ordinance, attached hereto and
incorporated herein by reference, atid is subject to further restrictions as follows:
a. The fence shall be constnicted in accordance with Section 35.13.9 of the Denton
Development Code.
b. The fence shall be constnicted in the required buffer yard adjacent to the property
line in lieu of the required buffer shnibs.
c. All required buffer trees shall be planted in accordance with the requirements of
the Denton Development Code.
d. If the fence is constnicted of wood, the wood shall be cedar.
3. In the event that single family detached, single-family attached or duplex stnictures are
not developed adjacent to Glenwood, a 6-foot lugh wrought iron style fence shall be
installed per the requirements of the Denton Development Code in the locations specified
within Exhibit B of the ordinance, attached hereto and incorporated herein by reference, and
is subject to the following additional buffer restrictions:
a. The fence shall be constnicted of tubular steel.
b. A"Type C" buffer shall be planted adjacent to the fencing in accordance with
Section 35.13.8 of the Denton Developinent Code.
c. Periineter fences are not required where they interfere with access roads and
driveways.
4. The following arclutectural standards shall be incorporated into proposed buildings:
a. Architectural eleinents such as proininent entries, offsets or recesses along all
sides, decorative wall and roof vents and gable features shall be incorporated into
the design of buildings;
b. All windows shall be Double liisulated windows with thermal brealc and no
mirrored glass;
c. The ininiinuin roof pitch shall be 4:12 and the inaxiinuin roof pitch shall be 10:12;
d. New buildings shall incorporate alternating roof plate heights;
e. Slungles (if used) shall be a miiumum 30 year arclutectural style composition
shingle;
£ The exterior of all new structures shall be constnicted of one hundred percent
(100%) masoiiry (eYCluding doors windows, dormers and triin). For the purposes
of tlus ordinance masont-y includes briclc, stone and stucco; and
(Y. Buildin(y hei(yht shall be limited to one story and shall not exceed thirty-two (32)
feet.
5. EYterior lighting shall be sluelded so as not to slune onto adjacent properties.
Page 2 of 11
6. All trees planted in the buffer yards shall be a minimum of four inches (4") to six inches
(6") dbh and a minimum of twenty feet (20' ) high.
7. Notwithstanding any previously approved Code provision or developinent standard to the
contrary, the Property inay receive Final Plat approval for an application that proposes
eYClusive access from Uiuversity Drive (US Highway 380), provided that all driveway
locations otherwise meet applicable Code requirements, development standards and
design criteria standards, and further provided that all driveway locations receive
approval of the Texas Departinent of Transportation (TxDOT) prior to plat approval.
Any proposed final plat application for development of the Property wluch does not
restrict velucle access to the Property eYClusively from Uiuversity Drive (US Highway
380) shall additionally require specific use permit (SUP) approval prior to plat approval,
and in that event, such SUP approval is limited in scope to a site plan review to minimize
adverse traffic impacts upon the surrounding neighborhood.
SECTION 3. Notwithstanding the attached real property description, the Property being
amended includes all property to the centerline of all adjacent street rights-of-way.
SECTION 4. The City's official land use map is amended to show the change in land use
designation.
SECTION 5. If any provision of tlus ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provision of this ordinance are severable.
SECTION 6. Any person violating any provision of tlus ordinance shall, upon
conviction, be fined a sum not eYCeeding $2,000.00. Each day that a provision of tlus ordinance
is violated shall constitute a separate and distinct offense.
SECTION 7. This ordinance shall becoine effective fourteen (14) days froin the date of
its passage, and the City Secretary is hereby directed to cause the caption of tlus ordinance to be
published twice in the Denton Record-Chroiucle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2011.
MARIL A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page 3 of 11
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: OriQirial sizlied b~,.Iei•i-l,, E. Drake..Ir.
Page 4 of 11
EYHIBIT A
LEGAL DESCRIPTION
P«rter Property Descriptian
1411 E. UNIUER5ITY DRIVE
FIELD NC7TES TO ALL THAT CERTAIN TRACT OF LANa SITUATED IN THE J.Q. LILL4"
BURVEY, ABSTRACT fVUMBER 762, AND BEIfVG PART OF A TRAGT OF LAND DESCRIBED
IIV THE I3EEI3 TO DONALD L HUTCHERSC`iN AND WIFE, FRANCES R. HUTCHERSQN, AS
RECORDED IN COIJNTY CLERK"S FILE NUMBER 2003-201235 OF THE REA.L PRE)PERTY
R ECORDS OF DENTON CtJUNTY, TEXAS, AND BEING MORE PARTICULAF;LY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE IVORTHEAST CORIVEF; C`iF THE HEREIN DESCRIBED TRACT AT A'112"
CAPPED IRtJN ROD SET FOR GORNER IN THE SC7UTH LINE OF LJT 11, BLOCK'D', OF
CRESTINUOD HEIGHTS, EXTENSION #2, AN ADDITION TO THE CITY OF DENTON,
TEXAS, AS F;ECJF;DED IN VQLUME 2, PAGE 13, OF THE PLAT RECORDS OF DENTJN
CtJUNTY, TEXAS, AND AT THE NC3RTHWEST CQRNER OF LtJT 1, BLOCK 1, OF THE
NOLES ADDTIc7N TO THE CITY OF DENTOhI, AS RECE)RDED.IN CABINET F, SLIDE 359,
OF SAID PLAT RECORQS AND AT THE NE)FZTHEST CORNER OF SAID HUTCHERSON
TRAGT;
THENCE SOUTH 00 DEGREES 04 N11NUTES 58 SECC?NDS EAST WITH THE INEST LINE OF
BAID NOLES ADDITIOfV AfVD THE EAST LINE OF SAID HUTCHEF;SJN TRACT A DISTANCE
OF 87.70 FEET TO !ti, CAPPED IRON ROD SET FQR CE)FiNEFi IN THE NQRTH RIGHT-OF-
WAY LINE OF UNIVERSITY DRIVE AT THE SOUTHWEST CORNER OF SAID NOLES
RDDITIJIV;
THENCE THE FJLLOWING FOUR CALLS WITH SAID NtJRTH RIGHT-tJF-WAY LINE OF
UNIVERSITY C7RIVE:
1. SOUTH 70 DEGREES 12 MINUTES 40 SECG7ND5 WEST f1. DISTANCE OF 848,85 FEET
TO A'/2°CAPPED IRC3N ROD SET FOR GORNER;
2. SJUTH 64 DEGREES 30 NIINUTES 01 SECONaS WEST ADISTANCE OF 100.50 FEET
TJ A'/" CAPPED IRON F;OD SET FOR CORNER;
3. SOUTH 70 I3EGREES 12 MINUTEB 40 BECC`iNDS WEST A I31STANCE OF 106.21 FEET
TO A'/"° CAPPED IRON ROD SET FOR CQRNER;
4. NORTH 74 DEGREES 40 MINIJTES 25 SECONDS WEST A DISTANCE 0 F&6.46 FEET
TJ A'/" GAPPED IRGN ROD SET FOR COF;NER IN THE EAST RIGHT-(7F-WAY LINE OF
GLEIVWOCiC7 LRNE;
THENCE NOFiTH 01 dEU`REES 45 MINUTES 2$ SECONDS EA.ST WITH THE EAST RIGHT-
C}F-WAY Llf'JE OF GLENWE}C3D LAf'JE A DISTANCE OF 83.25 FEET TO f1. Cf1.PPED IROhJ
RE)D SET CORNER IN THE NQRTH LINE OF SAID HUTCHERSON TRf1.CT AND IN THE
80UTH LINE OF SAID CRESTWOOD HEIGHTS EXTENSIJN #2;
THENCE NORTH 89 DEGREES 34 MINUTES 25 SECJNDS EAST A DISTANCE OF 1.90 FEET
TJ A%o" CAPPED IRON ROD SET FOR CORNER IN THE EAST LINE OF GLEN1NOtJD
LANE;
THENCE hJG7RTH l]fJ aEU`REES 25 MINUTES 35 SECONDS WEST WITH THE EAST LINE
OF GLEfVWC7aD LARIE AND A WEST LINE OF SAID HIJTCHERSON TRACT A DISTANCE OF
343.88 FEETTtJ A'(z" CAPPED IF;JN RJD SET FOR CORNER;
THENGE NCiRTH 89 I3EGREES 45 MINUTES 59 SECONDS EAST ALONG OR NEAR A
FENCE A DISTANCE OF 1070.75 TO THE PLEI.CE OF BEGINNING f1.ND ENGLOSING 6.836
ACRES OF LAND MQRE aR LESS.
Page 5 of 11
Ttic fo1Iowinv tables illusfira#e the fliffwt•eiices betii-ecni #fit NR.ii-ILT-12 aiid-N-R-3 district,,;
Resident-ini , Use . CategoFies
Agriculture O D ICP
Livestoc,k L~~} L~7a
SingEe Family dweIlings - P
SJF
Aceessoi-y C1wellingJnits L(1)
A"tached Single Fani€ly Dwe[liiigs SJP
C?welling,s.Ataave 6usinesses p N
Liva~"^r"loFY Lln7ts ? N
C?urletes p N
CumMunimj Homes. Fortt)€ Disab3ed ~ P
Group Honic-s W JP N
hvtultl-Fanlialy Dwelllligs L(4) N
Iv1anufactured Hausing Ci2velapments N fiJ
L(4) = I'whi1ti-fami1g.r is pet-iiii~ed ou1y:
1. With a 5pecifie Use Pzrnait: or
A~. par•t of a Mixed-L?se Deve1~pmeiit: 01'
3, As p3t't Ckf a NIaSTeT" PlaI1 Dei-e1oplllellt. E`i1.5tXYiR. 41'
4, It #h2' d24'~lop1122I1T 1'ece15`ed ZoI31Ilg apprt7Ta'al 31l£swllYa BIlLdt1-fa133Lly 1.75e tiL'1t}.11I3 Cr3Y2 4ea1' p1'101'
#cr the effectsve date ot Ordiilaiice itio. 2005-224. ot-
5, Ii allowec1 by a C'ity Coiuieil alaptoved neiali~orlioos.~ (.stiia11 area) p1aii.
Page 6 of 11
..i. nd . .•yi.r
12
HanzeOecupatior.
~
P
SaIE of 'Dfod'..LICtS GCL15"lfi Qll "..~'-1te
N
N
H,C?teIs
N
N
14SCateiS
hl
N
Bed and Breakfast
Li`107
N
Retail Sales and Service
Lr95J
N
Ivtovie lfheaters
hl
#d
Res;ta.urant oe Private G'Iub
N
N
Gwe-throu9h Fac,flity
N
PJ
Professional werx[ees and Gff?ees
L(94)
N
Gu1'.Cfi EfBhICIB SePb'fCllig
N
'N
4'ehdcle Repair
N
N
A.ulo and R':' Sales
N
N
"*°Laundry Faeiiilies
hd
N
Equestrian Facil€ties
N
N
:7utrlaos Recreation
S-JR
P
Ilndoos Recreation
N
N
Major Euen;E:ekertainment
N
N
Coninnercial ~arking ILats
N
N
?,dfriinisira¢ive or Research FacilEties
N
N
8roadcasting af Pro-duetion Studio
N
PJ
Sesual3y Orienkeci Business
N
N
Tern~porar, Jses
Li,38)
( r381
..dTlie app1icaiit prapoczs to elitzsitiate Lamic3ry Facilities as a p~l"iaiittecl 1ise withiii #hz
i'25t1'9Ct1'L'e oZ'2'1'~ay ~.~i,,,t3'1Lt..
T.(10) _All 1'eStI`ic#1QI1s G1t L(8)'. bLLt 111121teCt To Ilo T13eL"e th3I1 5 211eSC L1tI:1T5.
L(13) !`ses aie lirciited to lio iiiare thaLi 55_000 sqizare feet c?t `ross floei• are:a pzr lot.
L(14) = L'ses at-c Iimited to iio moi•z t1iati ls).(7;)(,? sqtaare feet ot at•oss floai° area.
L(15) = LTses ar°e Irrtiited to aao rTioiz t1iaii 5.00{} sqiiare fezt of gt•uss floui• at°ea pzt- lot. Ari S[JP
is recyiiit~ed for additiccial scitiare tootage for Szriii-Piib1ic Ha11s. C'1i.ik3s aiid Lockazs..
Page 7 of 11
Print`tng r Pulr;ishing N hl
Bakeries I N I N I
141'anufac:lzare a# Nan-odorrferaus Fopds I
N I
N
Feed Lats
hJ
N
Fo~'jcS Proc:essiaig
N
N
Light hAanutacturihg
N
N
Heavy Manufacturing
N
N
WhoIesale Sa'ies
N
N
`AlhQlesale NursEeies
hJ
N
[71stfif3ut1(7Y1 r;:en:Celf
N
N
Whclesale Sturage and Distribution
hJ
N
Self-ser:ice Stcrage
hJ
N
13onstrue'.ian hrl,aterials Sales
N
N
„unk Yards and AutcrWreckirEg
N
h!
KEflfip-l5
N
N
4.°e~efIFl3E'y L,lIt'.I:...CS
N
N
Sanitarv Landfills, Commercial
N
N
Inc:inp-rators, Transfee ~t~~i~sns
`
11
`~F
SJF
as.
e.
s
Q
Lf~7)
L~27:i
Page 8 of 11
Basie Ulifities
Lt25j
Lr25p
c:onlmuni~j S:eneice
p
N
Parks ar7d Open Space
p
P
w''..MLlfch25
t''
p
Senii-public, Halls, Clubs and Lodges
Lt15~
Sip
BusJness I' Trade School
N
td
Adult ar Child Da~~ Care
p
w:JP
f{indergartei,, EtIernentaryScr,ooI
r~
sliP
Middle Sct~ool
p
N
F-l~g..,fr School
N
tV
Colleges
hl
N
H'ospital
N
N
Elderly Housing
L(1~)
N
Medical Centers
N
td
C8`metefl°S.
N
N
M0fCl17fl?s
N
N
Page 9 of 11
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LWO°"QTZ
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: City Manager's Office
CM: George Cainpbell, City Manager
SUBJECT
Consider appointinents to the City Council Airport Coininittee.
BACKGROUND
Resolution R2011-009 approved by Council on April 5, 2011, establishes the City Council
Airport Committee. The resolution indicates that the Committee will be composed of three
members of the City Council appointed by the Mayor and approved by the City Council.
If you require any further inforination, please let ine lcnow.
Respectfully submitted:
Jeiuufer Walters
City Secretary
s:llegal\our documentslresolutions1111committees reso 03251 I.doc
RESOLUTION NO. R-2011-009
A RESOLUTION AMENDING RESOLUTION NO. R2009-015 TO ESTABLISH A
STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
TO BE KNOWN AS THE CITY COUNCIL AIRPORT COMMITTEE TO ADVISE AND
ASSIST THE CITY COUNCIL REGARDING CITY OF DENTON MUNICIPAL AIRPORT
MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton deems it to be in the best interest of the City to create a
standing committee of the Denton City Council on matters affecting the City of Denton
Municipal Airport in the public interest of increasing public input and access into rnatters
involving the Denton Airport and elevating the importance of the Denton Airport to the citizens
of the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That Resolution No. R2009-015 is hereby amended to add Title VIII, as
follows:
TITLE VIII. THE CITY COUNCIL AIRPORT COMMITTEE
A. The City Council hereby establishes a standing committee to be called the
City Council Airport Committee. The Committee shall be composed of
three (3) members of the City Council to be appointed by the Mayor and
approved by the City Council. The City Manager, or his or her designee,
will provide guidance and assistance to the Committee and be responsible
for insuring that records are maintained in accordance with the
requirements of the City Secretary's Office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to review, consider and
make recommendations to the City Council on: the Airport Business Plan
and the Airport Master Plan as now written or hereafter amended or
enacted; any airport infrastructure improvement or other major project
impacting the airport; the acquisition, review, and consideration of grant
funding for the airport; contracts and leases of airport property, including
recommending appropriate terms to the City Council; long term financial
planning and budgetary issues affecting the airport; issues raised as a
result of interface between citizens, airport tenants, or other interested
parties, and members of the Council subcommittee regarding airport
s:llegallbur documentstresolutions\111committees resa 032511.doc
related issues; and other airport matters as may, from time to time, be
assigned by the City Council or requested by the City Manager, or his or
her designee.
SECTION 2. Title VIII. of Resolution No. R2009-015 is renumbered to Title IX.
SECTION 3. All provisions of Resolution No. R2009-015 in conflict herewith are
superceded and repealed.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of d , 2011.
-*I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
1. <
BY: \ Q n.\ <
Qkl
M~, MAYOR
P
age 2
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2011
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECT- A11-0001, Burch Property AiuieYation
Hold the second of two public hearings to consider the adoption of an ordinance of the City of
Denton, TeYas regarding the voluntary aiuieYation and service plan of approYimately 1.148 acres
of land located within the City's Extraterritorial Jurisdiction (ETJ) in accordance with Chapter
43 of the Texas Local Government Code. The site is located on the west side of Country Club
Road; just north of the Education Center at Denton; between Ryan Road to the north and Bnish
Creek Road to the south. The Plaiuung and Zoning Commission recommends approval of the
request (5-0).
BACKGROUND
On May 4, 21010, the Denton City Council approved the aiuieYation of approYimately 307 acres
located within the City's Extraterritorial Jurisdiction (ETJ) and identified as DH-5. At the time
of annexation, the subject property was appraised for ad valorem tax purposes as land for
agricultural use. Texas Local Government Code (Tx.LGC) §43.035 states that a municipality is
prolubited from aiuieYing land appraised for ad valorem taY purposes as land for agriculture use
under Chapter 23 of the TeYas TaY Code, uiiless the muiucipality offers to make a development
agreement/non-annexation agreement (NAA) with the landowner under Tx.LGC §212.172 and
the landowner refuses. As such, the owner of an approximate 220.275 acre property was offered
and returned a NAA (See EYlubit 3 for Development Agreement).
Section SA of the agreeinent, governing the subject property, states that if an owner files any
application or plan of development or otherwise commences development of any portion of the
property inconsistent with the Development Plan provided in Section then Sections 1 and 3 of
the Agreement shall thereupon become null and void.
Section SB of the Agreeinent states that thereafter any violations, the City inay initiate
aiuieYation of the property pursuant to TY.LGC Subchapter C-1, or other such provisions
goveriung voluntary aiuieYation of land as may then eYist. lii accordance with the NAA signed
by the property owner, the owners further agree that such annexation by the City shall be deeined
voluntary, and not subject to the requirements and procedures for an annexation plan, as required
by TY.LGC Section 43.05?, or successor statute.
Subsequent to entering into the NAA, the subject 1.148 acre property (being a portion of the
aforementioned approximate 220.275- acre property that is subject to the terms and conditions of
the NAA), was developed with a parlcing lot eYtension for an eYisting charter school located
directly to the south of the subject property. Tlus parlcing lot development constitutes a violation
of the NAA. Therefore, in accordance with Section A and B of the NAA, the agreeinent is
deemed null and void, and staff is proposing aiuieYation proceedings of the 1.148 acre property.
The subject site will be platted with and become a part of the adjacent school site to the south.
According to the owners of the subject property, they entered into a sixty month surface use
lease to allow the subject 1.148 acre property to be used by the school as additional parlcing for
passenger velucles, buses and permitted eYternal buildings. However, the surface use lease was
not presented to the City prior to the annexation. Nonetheless, staff took the lease into account
and is therefore, recoininending that the original NAA be revised to exclude the 1.148 acre
subject property and that oiily tlus portion of the 22 0.2 75-acre parent property be aiuieYed.
ANNEXATION PROCEDURE UNDER TEXAS LOCAL GOVERNMENT CODE FOR
AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN
TY.LGC §43.061 establishes the standards by wluch muiucipalities must abide with regards to
aiuieYation of areas eYempted from the muiucipal aiuieYation plan requirement. The following is
a description of the steps that must be followed during the annexation procedure for areas
exeinpt froin an annexation plan:
1 Provide written notice of intent to property owners, DISD, railroads and public and
private entities, if required;
? Preparation of the Service Plan;
3 Notice of the hearings is published in the Denton Record-Chroiucle and posted on the
city's liiternet website Provide;
4 City Council holds two public hearings to be held on or after the 40th day, but before
the ?Oth day before the date of the institution of proceedings (Ordinance Readings) at
which all interested persons are heard;
5 City Council holds l" Reading of the AiuieYation Ordinance;
6 City Council holds ?"d Reading of the AiuieYation Ordinance and passes the ordinance;
7 Proper post-annexation preclearance and notice is completed.
WRITTEN NOTICE AND INTERNET POSTING REOUIRMENT:
Wi°itten Notice Reqaiireyilent:
Before the ;ptl' day before the date of the first hearing required under Section 43.063, a
municipality shall give written notice of its intent to annex the area to (1) each property owner in
the affected area, as indicated by the appraisal records furiushed by the appraisal district for each
county in wluch the affected area is located: (2) each public entity, as defined by TY.LGC
§43.053, or private entity that provides services in the area proposed for annexation; and (3) each
railroad company that serves the municipality and is on the municipality's tax roll if the
company's right-of-way is in the area proposed for aiuieYation.
A"public entity" includes a municipality, county, fire protection service provider, includin~ a
volunteer fire department, emer~ency medical services provider, includin~ a volunteer
Page - 2
emergency medical services provider, or a special district, as that term is defined by TY.LGC
§43.05?. Id at Tx.LGC, §43.053(a).
The City must also provide the written notice to all school districts located in an area to be
aiuieYed witlun the period prescribed for publislung of the first public hearing. The notice must
include any financial impact on the district that may result from the aiuieYation and the city's
proposal to liinit the effects of that financial iinpact. (Ic! crt Tx1(;('§43905)
InteNnet Posting RequiNenient:
lii addition to the above written notice requirement, since the City has an internet website, the
City is required to (1) post notice of the hearings on the municipality's internet website and (2)
publish notice of the hearin~s in a newspaper of ~eneral circulation in the municipality and in the
area proposed for annexation.
SERVICE PLAN:
TY.LGC § 43.065 sets forth the requirements relating to scheduling for the provision of
municipal services for areas exempted from a municipal annexation plan. As such, a service
plan was prepared and iinpleinented during the annexation proceedings for DH-5. Staff is
proposing the same service plan for the aiuieYation of the subject 1.148 acre property. The
Service Plan is attached as EYlubit 5.
PRIOR ACTION/REVIEW
1. Plannint', and Zonint', Commission March 23, 2011
City Council First (l't) Public Hearing April 5, 20 11
Prepared by:
~Joluuia Matthews
Seiuor Plaiuier
Respectfully submitted:
~
Marlc Cunninghain, AICP
Plaiuung Director
Page - 3
EXHIBITS
1. Location Map
2. Map of DH-5
3. Development/Non-AiuieYation Agreement
4. Legal Description
5. Service Plan
6. Annexation Schedule
Page - 4
EYHIBIT 1
LOCATION MAP
Page - -5
EYHIBIT 2
DH-5
DFf-a
t7rfginaf Arznexatiarr
Area
307 ,4cres
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Page - 6
EYHIBIT 3
NON-ANNEYATION AGREEMENT
Atter reetrrtling rciurn xo:
Jet'llntlfePWaltCCS il.a-ijstlf;aw•M-usuat,Oonchfl4rilytN273a r:.Juc
Ckly ScCi"c;tar1?
215 E. is'icKYnney
~~en inti. 7'X 7 62 0 1
Ci-lAP`i'ER 212 TEXAS T.0CAI. C(l'VEFtNMF,ThT (;OE)E
N{3Pti-AtVNEXATION A~~EMENT
Tl,is Ags€,easaent is eni€:red zatto pua-5uant to, Secuioa 21? 172 'Z'ex. Loca1 Gov"t, ~ods: h} micl
beiwei;n the City' of` L7cntotr, I°exas (t1ic "Cotiy") ane3 [3urc1i }`aa5ziiy I°verm, Ltd. ('"{}wiacrs„)$ 1lae;
psoperty ownens af the lxereinafte-r descrsbed presgeny (the "Progurty„) En Denttan County, "6'exas,
Sometimes !sidivitiually a¢ coltectzvrly refeerecl tn as "Psariy" or ",!}artius",
Eeing that ponicsrs Sying autside the city liniits, of a?20.2?5 acre traea af 3and, mccre or
icss, situated in td7e Wilniarsr Roark Survey, #tiksstr°ac4 'U'ra. 1087; the 1sunes Scvc;re
Surve}', Abstcact two, l f 64, the B.B.B. & CR.R, Cotiapacsy Survr:.y, Absieaet No 196'„
asrd tTic I.W. WithLrs Sus-vey; Ahsreaci No. 1343, Dentais Coursty„ "rcxes, and beang
n1crrc fu11y descra!>ed rn the Firsl irsa:[ oi tlt.at cer~am Skaecr3al Waeraaity Deed clated
5c.yp[enibcr 6. 2007 t'rorn Rscpjard 1Btiarch to Burcli F•`amilv Narrri, Ltd, fiicr3 ior recsard
on Septcrrabec 13, 2007 and recva-ded rn 7nstrument Nurnhee 2007-110044 asf alxe ReaI
Propcrly ltcctvrds ot' Deiitcapx C'oxiuty, 1"exas aaid 220.275 ancres of [,utt1, i-nore or fcKs, is
cocaani(inly knowxi :ss L7CAL] f'r^apeqs' lD 64687, 1?CAD }'r-operd'y lD 65644. DGAD
a°rtoperq^ ID 38760, DCAD Prqpeqv I13 38139 carad 13L:AD Pr•oper4a 7D, 22012'„
r~,spr~c; tiveta~.
' W`HERE,rtS, c4tc City has gduet) trc3tice of res inteait ta inst'stute anraexation presczedings tbr
the Propertv ir1 xccordaracs: wiC}t `Fex. I,oc C:iav'i C'ode cPa 43; aast3
W&IERE AS: C3wners desire thar tltie Praperty renaain tn the City"s extraterritos-ia{
junsdimon (••}:I1") 16r 5h,c terni oCRlais Agreemant,
WHERFAS, Ocvners and the City= ackelowl'edgc Chst this Ana°eemcnt betwcen them is
birudaiig aapoa7 t&tc [`"ity atad the Ovvsitrs artd kheir respeciive sucCesssnts aaid assigiis t'or the temi of"
ttac Arree;:mmt;.
WHk:REAS, the Dentott ("ouc7ty Appraisal Distncl rccords slaow that the Prop,ertiy
cusreaiiBy is appt°a%sed Ior ac[ valarem tax puagoses as 1and far aoeultara3 car wi,dlife
erbaoi;agement use, or txazaber lan€I pursuadit io °rex 'i`ax Ccrde chaptrr?3.G'o L7, asr E , ana;9
Wf-3EI2EAS, C7Vr'NERS represerrt fihat €k as zheir intcntrcaza not tsr develup the Froperty
during the teriri o,fths;; AgreLment; assci
Vy`HEREAS, Tex. Lnc. Gcrv"C Cc9eie sectaon 43.035 auth,oriaes apTopeaty ocvner aetcl a
crau3iocipalytv to en¢er iiito ate iigreciiicnt purSaoaum to "rcx. 7,oc, Grsv't Code sectio;n 212,172 for
purposes of reaainrng latid in the mun6a apaliry"s ET,Y sn ¢ xcliaiige for tdie ptoper1y cawsrer's
covert€tnt asaY to dcvcdop the prapea-ty araci tea autlZonzc tlit=; muniwipality ko applv develcapment
regulaliosri wX€at iaueesnsiskenG wittk agp°`sUleurM rtse; and
WHFREAS, alxe Pascies ase desixcaus oF entenng izaEo ars agreemen€ autEaoriz;~~ ~lider T+°x.
[..oc ~ov"t Ceodc; sccttcrn 43,.015 , and
~
l
Page - 7
s:u~4~ct`'vcusoisr0aI u,sctglarcwa1]6'rrsr•i~aai~o~s?buech su~i ~y fam 230.rTSat,.Aoe.
WHETSEAS, t~~~ Agrec.aiierrt is to be eccorded in the Real P~operty Recorls ot° Denton
County, Tcxas,
NOW, T~IEREFC7'RE, s~~ ~onsicieratis~n of the muttza: covenants con[ained herein, the
~w-ties hcreto agr~e as foIlows:.
Sectior,i 1 Continuatican af F:T9 Status I°he (.'i4y guarantca.s che contuxsaat~on of the
extratext-atorial stat-us of the Prcapeaty acid agrees not to anncx the 1'r~~erty fcsr the tema of Yh~s
Agreemecal, as here€nafter defiaied„ aiid any subsequerat reaticwals as enay be: agreed upon by the
d'astbcs, skz~ject„ however, lo the provrszcsns o7 thbs Agrei:snend.
Scctiuri 2. Dcveloomc;nt Ppa.s7. T~ic OwiiQrs covetzatzt ajid agree thaC use of the Proper1y
for the ferm of this !':goreement and anv exicaisions agrced to bv the k'arties sha[1 be Viniiied to
farni-teiaied anc4 rarsch-related uses and customary accesscarV uses„ ajid saaiglc-fwnily da;iacl'icd
fararli car ranch dwe91ings, paovidW that no singlc-family dweI4ing may be 1ocated or constracted
Oll a E'01 srrs-B9leTt11a'a fve (5) acres. The property cawner n~av apply to4he CaTy far division of the
lar7d s€abjeci to Yhas Agreera~ent into parce1s, each c~f which fs at least five (5) acres ira size, for the
piarpt,~ses set d°ori}i in IlIws sectiorti wstliotit being in via1a4~on t~~ thss flp
grcenaealt. Suuh uses and
actNiires constitute the devckopxnent pIan t`or ~~e Property in satisfaction csf Tex. i,oc. C;ov=t
Cocic sectron 212 .172(b).
Sectroat 3. Goveminp 1~~g,&tiuas, 'I`~e foktoworrg Caty rcuulations sha1l apply ta~
~~veIopmenfi af the Prcaperty, as may be aauenctled f'rorn time tts kime, provided ihat the
appNicatioza of suc;li regulatasrns dOes Dat resUtt in iayieslerence ivt[ia the use of Lhe lai3d for
~gricultural, wildiite mai7agemesat ar toreslry parrposes aat(l does not prevent C~le, cuiTiiciuation of a
sise estab 9isPaed prior to the efftctive t9are c)f 1his Agreement azad w°hicti rcmains ~awfud at the thme
the Agreet~reirt is e,tecu¢ed:
t ) :~~~~ing sCasadarr1s coiitaaned an t,[-re Denton Devcl~pment Code (,.DDC'")~ ~s
aijiended ptirsuarat Co'[`Iie Denloroti P1aaiA 1 J99-Z(k20, as amended, aizcluding taut
not lrmated ta the (RD-5) Zonr`ng Dislaict regu1atAoiYs, and standards
irscorporatcd therein
(2) The subdiE:saou and devclopment rcguVaYiozas containc°d wathin the Derataan
Develcapment Code, as an1eaideei, togekll~er wi~~ apaaticabPe Design Cnteria
Manuals (erictuding constructzon, drainagc, site t3esign, soGiri waste,
transportataora, tree prrsiecdiori atandards, aiad wate0wastewater}, Deliton
MobiliEy Pian and oti,l7~~ approved Masler P]aiis of the C€ty cif Der~ton„ Texasa
anc3 the Nor°tEi Ceaatral 1'~~~s Council of Govcmmerts Staltidard SpecmficarRons
f(ir Putai~c Wvrics C:ojistructior3, Nort~ ~entra! 'Fcxas, 3 rd Ed, 1998 (NCTCCDG
Manual):
{3} Lleraton bui4dit9g eodcs, as ccintuined withiei Dentvn f_:.oc~e Ctiaplers I'd , 29 and
29', and I7DC Subehaptcr 24, adopting6
a, internationti~l Build€~g Ccadc, 200b Editiozi wat@t local amendsnents;
Page - 9
s +srur +'~t5cutv~atq~'tmrs~.~elVat~iesa~=.~VJ~aarerw~cxerai5ti"zurc~5 CaumriEs• la-n d 7£!.215 :suAna:
b. lartex'na1ronal Resedeafl~~l CotCe, 2006 Edition ruith r"tppendi~ G and
local amc.ndments;
e, 'The Xnterraalinroal J°a~~e CocCc„ 2006 Edwtacnn with locaP urnendr~~ents;
d. lnlciitaiaorsa6 Pluc$abing Ctsde, 2006 Ed3t7on with ➢oca1
aniersdments;
e. Isjternatior~~l Fue1 Caas Cot3e, 2006 Ediiiorz witli local arnemdrxaeaii~;
f lzatr:a°tiatbtinaC Meclumicai C'ot3e~ 2006 F-ditican with Rcacal
attiendt~sents
91 Code of° t}rdaeaarices C;haptes' 17. Dezakean tsrapertY Ma'sntenance
Code, as mnetxrJecj;
h, tiites°¢iational Ltbergy i;sxnseavation Code, 2006 Etiitio+t u?itti.
regaoiial aniendkneuatsr
i, ItiationaB Etecizic Cude„ 2005 Edilioji wit1a loeal amendn7ei3t5"
j, Naz,cinat HPectric Safety Code, 2003 Editican, wixh iegaonafl
aaiiendmerats:
k. Macai9Yium housin~ and bu:lding standarc3.s, Dctiton Code §§28-383
-437 aixd §§17-141 - 210, as ansetad~~ ~d as apgaldcable;
I. iariga~ioti Stasid mrds, L7eritoii Code § § 28-44I - 457; artd
xn. fvlivirig Burldings, Deaston Code §§28-326 375;
(4) Sigei ruguCztficsns, as cc>n[aaned wnt9iirz 5ube6tapter 15 oI'the C)DC, aa aincai€6edg
(5) Applicahdc: water and. wstsiewates° cojiaiecirosig cozzsta'uctscssz and act-Site
ogeration requiren7ents, cogitaaiied wittiin Cliapter 26 of the Dc~~twt Code €sf
C)rdiiaaoaecs, as amended, anc! ivakachap[ers IG and 27 of tlae 1.7TJC, as amendcd,
i1zv Dentu~i Wat~~r and Wastewater Criteria Manual., as amenc3ed, and as
supp1eanented by the Tcxas Water Code, as aniended, Tcxas Natura9.
Resources Cade, as amettded, Texas IJt;iliti~~ Code, as anie~idec{, anrC
~ppBicable admenistraYive sxatxdards of the Texati Cosiiniissiori un
E-tiwirasnmental Qualitv, as a;raerisia:d°,
(G) App$icalile Ffnor3 protection, DTaanage and related starsdaactss as corataimied
withrn Clsapter 30 ok thc Il~~iton Ccrdc„ as ar-ncnded, and subchapters 17
tiaroug 19 of the DI1C, as annecided, the Denton Drainage Criterl'a Manual, as
a~~~ended, and as supplenzeiideti by° reqaalTements of tltic 1`exas Water Code, as.
arneisclecl, "I exas hatitnfl Resources Code, as ;~~~encieci, applicabIe
administratavc stargdards ol' the 1'eaas Ccammissflo.rz on Envirozamental Qualaty°,
as zimencled, and appIacaEsle adniznista°att`ve starad'a.rds af the Federal
Ezncrgenc}° Mana~ement Administration, as amencled, and
(7) Gas 4Velt pPacting„ dri11ing ~~d productian standards, as conrarned irii
§35.I6.'19 and sxabcflaagter ?Z of the Dctititon Develcapsnent Ccade, as amencied
anci as applicablc, and as supplemented by requir~~ents of the Texas Utr1xt~~s
Codc, the 1'exas Narural Rescsua-ces Cade, thc T€:xas Water Cade, assd
app@icalale adr¢i'snistirative stmidart3s of° the Texas Raila-oad f:omrsiissaDn snd
Texw% C'crjtsmissioti csn Environmeraial Qu::l¢ky°, as arrks:alclcd,
Page - 9
s`I~r ci,xvmc:r:s°.r~r~~ca[l~naua.~` y;p~r,r.eKSS.e,nsy ui•:h C.M ly ~Vron.j,2Q.'75 2v Mw
SerCioei 4. I7evelcatiarierst 3'lztai In }~~rnain in Effccti_ Fol@owii7g tera~ination of ihAs
Agr~emerst tc~r any reasotr, the Ilevetopment Pta'i sel foa-tkt in Sc:ctimn 2 shall remain in ~ffect for
a perioei of 180 calcndar cia}rs thereafter, or uiitil thc cffcctive date af zhe acincxat~on asid
peri-nanent zorcing ai the Property, wtaichevcr first o~curs. Ti~e Parties covenani aaid agree tha4
the City niay deny any +~eve1c3pmerat applicatian or glan of developmczat tha[ is submdtCed do the
E`jty for the Pmpertys c3tiring su,ch peciod if such applicatio,i or pCan is inconsistent wstli tP~c
Devclopment I'iaBi. 7'7be ONviivrs expresslv~ Nvai~e any vested rs`ghts thaz rnrghk othenvis€ arise
under loc,al or state ~aw, or by ~~~rinion, Iaw, l:r:srar the subni itta9 of sucli iraconsister€t c~evelopinciat
sapplicatio, "n,se Cls+rners 1'uc-tiies° agree dhF~t ncx use ucrmi-nersced or ca~mpictcct on ttxc Proper[y that.
is triconssssent witii ixic deve6oprracait ptaai shafll be aortsidered estab4is43ed or in existence pricar to
thc expiratic,xn ofthe t80-day peraod citrr~~~g wliich ahe De:vclopmesik P1an is in effect:.
SecdioQ'i 5, ALaec:mcnt Dc,a:uieit k'+aG(i in Parl;_.Yolrantas'v Arrynexateorq.
(A) !f an t7wner tiis:s an~~ appl¢caC.ion oe• ptaa bF dcvelopnaen~ ror or oiherwise
cornniences deue9oprraesi4 of any' ptarcion of the P.roperty inconsistent swiYh the De`•clopment Pla,l
provided in Section 2, sections I and 3 of this Agreeznes°it shal1 thereupon becnme aaulf and void.
(B) The.reaftcr the Cotv a-nay iriitiaie annexatiisru of ihe Property pursuant [a Tex. Lr+c,
Gov`t C:crde sulachapier C_1, oe- other stach cather provisinns govea-raorag voluntaa°y aiinexataon of
iand as ena}° then exisi. Owaiees expressly a~~~ ir-re4•~cably consent ta annexation of the Property
under s€ach circumstartces. O1sFners fuirther ay€;rec tzat such a'anexataon by the City shalY be
deerned volan#.arv, and givt subject tts ttic requisemesits and procedurus for aix ansrexa~ion ptati, as
r~quia~~~ ~y Tex. Lce„ Grsv"t (."odc section 43.052, or succcssor statute.
Section 6. Notice of°Sa%e. A-ii}~ per~on se11s or conveve arxy podie~n of the Prrsperty
shall„ prior ¢o sucl~ sale or cosiveyance, g5ve 30 days written n.atice of ahis Agreement to ihc
prospectave purctiasGr or grarrtcea A copy of the noticc siiall be foawarded eo the City at the
fo[4rrwing acidress:
[:`ity of Dertion. '1'"exas
A`1`"C'N: J7iA°ecior of F}anrfiing atxd I7cvelcspna~~~
221 N. ~hn 54reet
DettRoia, `1`X 76201
Sectaoaa Recordtne. 1°his Agreemend to ruai wittt the C'ropea-ty and 6~ recorde.d in the,
reai garogseriy~ records, Dentan County, Texas.
5ectiotn 8, Sever:shil i~v. Pravalidation uf any prov•asion of th~s A~,~ecrneret by judgmetit €rr
coerrt artier shall not inuad-idatc aay of tfje cemainiiig p~ovisioras which sha1l reanain in fa19 force
an~ effect.
Section 9. Remedies. This AgreemertiC mav he entorced hv ezther Owner ar Lkxe Citr~ bv
any procewding at 1aw or in equaty. Failure to do Sca shald nOt be deemeti a vuaiver tiD ersfOsct thc.
presvts?ons ofth'ts Agreenaenf thereafter. Eniry into this Agrcement b}r O+ancr waaves no z°ighzs as
to niatlcr~ not addsessc°d in t4iis Aoreement.
Page - 10
s'.awr ~tctitiaariwnlvaa~iewwJlC~eeeumstl G'artrctm,:i.rti us~burcl) faemay 9'arm, 220 „275 oe.duc
SL-cliatt 10. t;haaree ita L,aw. No .;ubsequent change ari the lau regarding anneacacinn shail,
affect the ertforceabillty Qt` this Agreement us- t~e City's ability to aslnex the pctapc°rtizs cnvered
herein parsuanE tra Sectzon 4,
Sectierra 11. Venue. Venue for this .4ga-eeroent sbalI be i.rz T}enton Cou'ity, T"exas.
Sect'resrr }Z. r-xecution in Muftiz)le Crszsics. This Agreement may be separately executed
, an itidm}=adua1 couiiterparts a!id, upon exccutian, shah conststute one and same instrumerit.
Section 13. Term arrd Extcnsion. `t he ic2iiiai1 terrn of this Agrcornont shalt bc for a period
Qf five ' ) years frasYi the EfCcctive Date (the <.3°ccan"). 'I°he Effective Date of the Agre.ement
s1-tail be the date tlie Agreenient ws executed hy the t;'aty. The Te:rm may he exieniled uptsn
2iiutual agreement of the F'ar[ac&
Sectian 14. 5urviva1 oF Ccrveriantso TPic Wovenanis ie3 Sectivns 2, awxd 4 shaPl su€-ViVQ
te:rminafionof-t[iis ,hgrees~~ent, tngetFier witIi any othcr Pr°ovas'tans, as iraay be necessary for th,
amp1c;rnearFation of thoae seckiuns.
1'he 1'aaties hereto havc execuaed this agreenient as of"~Ll vtJl0,
~
Burch Faa-nily Fazmr Ltd., C3waers
Itichard L ]Bureit, Presidcnt
3 1~ Burcli, Secretary/"g"reasurer
THE CITY C}F DEht7'ON, TEXrLS
13 y:~
C"Aty R~1an~ry T)e~aut5° f"ify Man3ger, Qr
Designated Represenkakive
Page - 11
„ t ureY~ar~arrve~ts ~ta:srt~lu~rvraaie~ I~~'+amr~exmai~ urvsr.ho.rc4 ~rniiaf~rn° 2~tu d±9~a6.,;.i~ac
rm: ~ ~~I'E OF_I'EXAs
S.OlJ'NTTP 03" DFNd i.IIV
Thls Insdrument w^ni acknu"vlec~~ed bcl'orc t~~e on the . ~
m~.,.,.r. cfav of Htj::~
2010„ by Rieitiard L. Burch, as f'rc,si~enE o6`Butc}t ran'ai4y P'avata, Ltd.
~ r ....rw w i muuu ~
, OMOBTM ~
NOI&Y pttlt91dC56a2e 5d'YaO* YM u39rON E,NRRSS
2013
~
~ ~.~.d..,,.~~ ~
t ~`c L ~ s
Ncrt~sa°y 1's,blec, Sta[c of 1"exaa;
THF SC' ATP, C~F TEXAS
(°C)C:N,'fi "r' C)F DPtN"C"OV
r ~
"f`hys zr~st~~ime~s~ wns ttc4.rac~wl~:t~ged ht°fvr~ onc ~~sre t~se t~~y ~ss
2,0105 by Jarrc:k Burch, as Sca;retary,°Frcasurcr of Bua°cft Faixaibv Fnctn, Lti4.
R« R
TOIM
ao~ 4~ ~pG &rtaAe of
yl A1Y~ ~ o* OXPMU
.
~ ~?us;m ~v Pul~ls~., State nfT'e:sas
EHF S`r'A"1'E{7F"IT:kAS
COUN`I"Y C3~ &3EN Tt1N f
"I hrs irastn~ ero: ,~as ~a ~krIW) ~1 °c{}~e+1 tsciure ixt° `°l~tc~ ci~v 20~ d~~
~ Lm2)crfi'kpuCV C'iiv,^.. Cvxarsage /9"Jm~,~taccd
rcscciYativ on beha]k eE ffic City ofDcstile?rs Teuas.
_
JEran~sf€R K. w,~LIERs I~r~ Pa~~ ~ ~~xrze ~rf`"~`exas
~ P ~P€~F. Pu~alc Sta9~ et'ex3,
~ ` ' 14'ia+ "~rnia5sr~, ~'cPxrANf~ jt
p
~ ~'~4~utinxs Decaf0leE 19. 2di~ 1
A~PRt~VE~~ ~Sj-O.."GA4- - M-:
AN1'd`A K;,R('r'FSS., CI7 Y ,4.I'°f`OR]w, :.1'
-m~ -
6
Page - 12
EYHIBIT 4
LEGAL DESCRIPTION
1.148 Acres of`Land
F'IFLI3 NOTF.5 to adi that cert.aiaa 1.a`ac:t c;f.` kagzt3 szlualed in t.he J. Withei-s Searvey Ab5ta`aLt Niaanber 1343,
L3enton Ccaunty, '1.'exas and being part of the called 255 acre Fiz`st tract dc:seribed in ihe deed Prom Don B.
McClurken et aI ta V. 1,7. Baarch record~~ in Vulurrae 239, .I'agge 191 of the I3eed Recorcis of Dent.c~n Counky,
Tcxas; thc subjett traL.t be:itig more particularly descri1~ed as fcoilc~ws:
l3LCaINNfNfi fnr the Soutlaeasd corner of the firact being described herein at the Norrtheast corner of tlac
called 5.165 acre uract described in khe dc€€i frozn M. C. Burch et ux ao Rachard I.aee 13urch reccrrded in
"Volume 1873, 1'age ] 34 0#` the Real Property Records of Denton Cacznty, 1'exa5; the saici ccizner being
Sauth 89 Degrees I 1 Minutes 13 Secaiids East a distaiiee o#' 6.6 feet fi-oni a 1!2 inc3t iron rod i"ound and.
also being on ihe West right-of-way line tafF, M. 1830 an4 ira thu Corpoxate Limitis of"the City of Denton as
tlescrzbc;d irz jknzaexatzon t)rdirzmace ivurnber 2001-090;
THE\rGL SauLla 89 T)cgrees I t IvFrnraics 13 Seconds West alcang the City of 17erzton C'oaeptaraTe Litiits with
the Nrar[h line of the said 5.165 aure tract a distance of 500.00 feet to a 60I3 naii tound at the Northwest
comer the;reof arcd a salient comer of the City ofl:lenton C"orporate Zirnits;
1HENCE Nrarth 00 Degrecs 48 Nlrnutes 47 Seconds Wesi deparfing tlae Ca.ty af'Denton C:orpvratc Limits
across ttie said 257 acre F'irst tract a disttailce of' 100.00 feet ta a tlu-ce inclz steel ience c:omer post for the
Nvrrhwcsc ccsrner of 6.he here;kn described tract;
TIIENCF North 89 17egrees l l]viinuEes 13 Scccsnc[s East across tlae 255 acre First tract, 100 #uet Norlh of
and paraldel vrztili tPae North line ot'the 5,165 acre tract, a clistance of 500.05 fcet tU a 1+`2 inch irazi rod wrth
a yellow p1astic cap stamped "COLEMAN RPLS 4001 " se;t on Ihe West rigbt-nf wav line of F M. I830;
THENCE Saut.h 00 iJegzees 47 Minutcs 09 Secands East with thc East line of the 255 acre First '1'ract and
the West right-of`way line of F. M. I830 a distance of 100.00 feet to the YLAC'E C3F I3ECsiNNI?tiG arsd
enclosrHag 1.1 48 acres of ta»d.
j
Page - 13
EYHIBIT 5
SERVICE PLAN
CITY OF DENTON SERVICE PLAN
Burch Property Annexation
A11-0001
AREA ANNEXED
The area to be annexed encompasses approximately 1.148 acres and is bounded on the south and
east by current city limits. It is located on the west side of Country Club Road, between Ryan
Road and Bnish Creek Road. The area is located witlun the City of Denton's Extraterritorial
Jurisdiction (ETJ), Division 1. The proposed aiuieYation includes one owner. A general
description of the area is attached.
INTRODUCTION
Tlus service plan has been prepared in accordance with the TeYas Local Goveriunent Code,
Section 43.056(b)-(o) (Vernon 2008, as amended). Muiucipal facilities and services to the
annexed areas described above will be provided or inade available on behalf of the City of
Denton in accordance with the followintly plan. The City of Denton shall provide the annexed
tract the levels of service, iiifrastnicture, and iiifrastnicture maintenance that are comparable to
the levels of service, iiifrastnicture, and iiifrastnicture maintenance available in other parts of the
City of Denton, with similar topography, land use, and population density.
AD VALOREM (PROPERTY OWNER) TAY SERVICES
Police Protection
Police protection from the City of Denton Police Department shall be provided to
the area annexed at a level consistent with current methods and procedures
presently provided to siinilar areas on the effective date of the ordinance. Soine
of these services include:
Normal patrols and responses;
Handlin~ of complaints and incident reports;
Special uiuts, such as traffic eiiforcement, investigations and special
weapons; and
Coordination with other public safety support agencies.
As development commences in the area, sufficient police protection, including
C)
persoiuiel and equipment will be provided to furiush these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level
consistent with other similarly situated areas witlun the city limits
Page - 14
Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention
services to the annexation area. These services include:
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, tnicks and ambulances;
Hazardous materials response and mitigation;
Einergency prevention and public education efforts;
Technical rescue response; and
Constniction Plan Review and required inspections.
Fire protection froin the City of Denton shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in the area, sufficient fire protection, including
persoiuiel and equipment will be provided to furiush the area with the level of
services consistent with the characteristics of topography, land utilization and
population density of the area. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve the area being
considered for atuieYation.
Upon ultimate development, fire protection will be provided at a level consistent
with other siinilarly situated areas within the city liinits.
Emergencv Medical Service
The Denton Fire Departinent (DFD) will provide the following einergency and
safety services to the annexation area. These services include:
Emergency medical dispatch and pre-arrival First Aid instnictions;
Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the area annexed at a level consistent with current methods and procedures
presently provided to siinilar areas of the City of Denton on the effective date of
the ordinance.
As development commences in the area, sufficient EMS, includin~ personnel and
equipment will be provided to furnish the area with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
Page - 15
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas witlun the city limits.
Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property iininediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas witlun the city. Private solid waste collection service providers operating in
the affected area immediately prior to aiuieYation and currently providing
customers with service may continue to provide their existint', service for up to 2
years in accordance with Texas Local Government Code.
Wastewater Facilities
The proposed annexation area is within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072 as
issued by the TeYas Commission on Enviroiunental Quality (TCEQ).
As development commences in the area, sanitary sewer mains will be extended in
accordance with the provisions of the City's codes, ordinances and re~ulations.
City participation in the costs of these eYtensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Saiutary sewer mains and lift stations installed or improved to City standards
within the annexed area which are located within dedicated easeinent, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of tlus ordinance.
Operation and inaintenance of wastewater facilities in the annexed area that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the aiuieYed
area will be the responsibility of the owner.
Water Facilities
The proposed aiuieYation area is witlun the City of Denton Water Service Area as
defined by Certificate of Conveiuence and Necessity (CCN) Nuinber 10195 as
issued by the Texas Coininission on Environinental Quality (TCEQ).
Coiuiections to eYisting City of Denton water distribution mains for water service
will be provided in accordance with eYisting City ordinances and policies. Upon
connection to existin~ distribution mains, water service will be provided at rates
established by city ordinance.
Page - 16
As new development occurs witlun the area, water distribution mains will be
eYtended in accordance with Denton's Codes, ordinances and utility service
policies. City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and inaintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line eYtension and
connection policies currently in place at the time the request for service is
received.
Roads and Streets
Einergency street inaintenance shall be provided within the annexation area on the
effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided witlun the aiuieYation area and will be scheduled as part of the
City's annual program and in accordance with the current policies and procedures
defined by the ordinance and/or as established by the City Council.
Any constniction or reconstniction will be considered witlun the aiuieYation area
on a City wide basis and within the context of the City's CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway sigiage and associated posts will be replaced in priority of importance
starting with regulatory signs, then wariung signs, then iiiformational sigis and in
conformance with fiscal allotments by the City CounciL If a sit"n remains, it will
be reviewed and placed on the City's inventory listing for routine replacement.
All eYiting signs will be reviewed for applicability and based upon an engineering
study. New sigis will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street marlcings will be placed on a priority listing
and scheduled witlun the yearly budgetary allotments by the City Council.
Parks, Plavgrounds, Swimming Pools
Residents witlun the area aiuieYed may utilize all eYisting parlc and recreation
facilities, on the effective date of tlus ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in the area, additional park and recreation facilities
shall be constnicted based on parlc policies defined in the Parlc Master Plan and as
specified in the Parlc Dedication and Developinent Ordinance. The general
Page - 17
plaiuied locations and classifications of parks will ultimately serve residents from
the current City limits and residents from areas being considered for atuieYation.
Publiclv Owned Facilities
Any publicly owned facility, building, or service located witlun the aiuieYed area,
and not otherwise owned or maintained by another goveriunental entity, shall be
inaintained by the City of Denton on the effective date of the annexation
ordinance.
Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
aiuieYation. The City of Denton shall provide level of services, iiifrastnicture, and
iiifrastnicture maintenance that is comparable to the level of services,
infrastnicture, and infrastnicture maintenance available in other parts of the City
of Denton with topography, land use, and population density siinilar to those
reasonably contemplated or proj ected in the area.
IIL UNIFORM LEVEL OF SERVICES IS NOT REOUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to the aiuieYed area, if different characteristics of topography, land use, and population
density are considered a sufficient basis for providing different levels of service.
IV. TERM
Tlus service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
V. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences malce tlus service plan unworlcable or obsolete. The City
Council may amend the service plan to conform to the chan~ed conditions or subsequent
occurrences pursuant to Texas Local Governinent Code, Section 43.056.
Page - 19
EXHIBIT 1
Proposed Annexation Area
Al 1-0001
Page - 19
EYHIBIT 6
ANNEYATION SCHEDULE
A1l-0001
Burch P'roperty Annexation Schedule
Aetion Uate
Notice of Intent to Annex ~ 'A/'4/11
Service Plan 3/15/11
P{anning and Zoning Commission Meeting 3/23/11
1st Public Hearing 4/5/11
2"d Publ'ic Hearing 4/19/11
1't Reading 5/10f 11
2°d Reading 617/11
Page - 20
Handout to City Council on 4/ 19/ 11
Kind
Companions
Providing caring assistance
and companionship
in the home and hospital
4/19/11
To: Honorable Mayor Mark Burroughs and Members of Denton City Council
Cc: Neighborhood Property Owners and Member of the community
From: Kimberly Truax
Re: Special Conditional Use Request for 2017 Brown Drive, Denton, Texas 76209
I received the following information on Friday April 15, 2011 from Cynthia Jackson in the Zoning
Office:
..........."During our meeting on Tuesday, you presented a letter which described the type of use you
intended for 2017 Brown Trail. Specifically, your letter stated that you wished to house 8 to 10
elderly people suffering from disabilities such as dementia and Alzheimer's Disease, with the option
to expand at a later date. This type of use does not comply with the requirements of a Community
Home for Disabled Persons which sets a limit of 6 residents and 2 caretakers per facility. It does
comply with the requirements of an Assisted Living Facility as described in Chapter 247, Section
247.002 of the Texas Health and Safety Code. The code for assisted living facilities sets no
maximum limit to the number of residents.
According to Section 35.8.7 of the Denton Development Code, Assisted Living Facilities are
permitted in those districts which allow multifamily developments. Additionally, no assisted living
facility shall be located within a radius of 600 feet of another facility. 2017 Brown Drive is located
within a Neighborhood Residential 3 (NR-3) zoning district. Multifamily uses are not permitted
within the NR-3 district (Section 35.5.2.2 of the Denton Development Code)"
We are requesting a special and conditional use density permit/variance to increase the currently
allowable occupancy/density of 6 residents to 10 with up to 5 additional adult day care visitors at
2017 Brown Drive so that we can maximize the use and efficiency of this property within its current
special use classification.
We are not attempting to "change the character of the neighborhood" and we definitely are not
asking for re-zoning. The special and conditional permit would include this property only to be used
for the purpose of a licensed residential care assisted living or a single family dwelling. Should the
property be sold in the future, a new conditional permit would have to be secured by the new
owners to continue the same kind of care home or revert back to the single family dwelling for
which it is zoned.
P. O. Box 82 / Lake Dallas, TX 75065 / Office 940-382-7548 / Cell 214-924-9302 / Fax 940-382-7645 / www.kindcomparions.com
Licensed and Bonded
This type of care is very expensive and we want to offer the very best environment, the best care,
the best service and the most comfortable, calm, quiet atmosphere and surroundings to our special
needs residents who will benefitfrom our alternative style of life care, service and health
management.
We feel that this property can easily and comfortably handle up to 10 residents and up to 5
additional adult day care visitors. This number provides us with the interaction, internal synergy and
compatibility that will maximize the experience for the residents, the families, the caregivers and
my company that will be the sole owners, operators and managers of this property. We ask that
after careful consideration that you please approve and grant this request so that we may continue
to be of service to as many people as possible in our Denton area.
I have had the opportunity to speak with several of the neighbors who lend their support of this
type of special and conditional use permit for 2017 Brown Drive. I feel it important to be
considerate of their questions and concerns and I am available to address them at any time.
Denton owned, Denton operated, for the people of Denton.
Respectfully Submitted,
KimE
KMTLP, Inc. dba Kind Companions
April 17, 2011
To: Denton City Council and Staff
Re: Kimberly Truax - owner, Kind Companions
I would like to offer endorsement of the project Ms. Truax is proposing regarding a small group home
for Dementia/Alzheimer's patients.
My 91 year- old mother has advanced Dementia. We are able to keep her in her home in Corinth due to
the caregivers employed by Kind Companions. Five (5) shifts of caregivers are required to handle the
demanding requirements of 24-hour care. It is costly; but the alternative of a facility is not possible due
to my mother's advanced needs. Without the specialized care provided by Kind Companions, my
mother would be completely bed-ridden, have little interpersonal interactions, and would be depressed.
She would rapidly decline.
A good alternative would be a small group home where the caregivers can focus on the special needs of
each patient. However, few openings are ever available for the one such facility that I know about in
Denton. Having to move someone in my mother's condition is extremely difficult; and to have to move
her very far away from her family would compound the already stressful situation for everyone.
Kind Companions caregivers are compassionate, experienced and well-trained which demonstrates the
level of professionalism provided by Ms. Truax. Her agency has cared for my mother for two (2) years.
We have several friends whose parent(s) are just entering this terrible "black hole" called Dementia. We
have many friends who have already been through this experience. This problem will only increase.
Ms. Truax has extensive knowledge and experience in caring for Dementia/Alzheimer's patients. She
has managed such facilities and has worked extensively within the health pre industry. She works with
Stepping Stones locally and supports Health Services of North Texas. She is also active in other
community organizations, such as Denton Animal Shelter Foundation, Inc. She is committed to the
Denton community.
I believe strongly that Denton has a need for small-group home care for Dementia/Alzheimer's patients;
and I believe that we would do well to take advantage of the project offered by Ms. Truax.
Since ly, ~ JL
Bette . Sherman
3411 Shadow Brook Ct.
Denton 76210
940-380-0929
t
YOU
II
t~ t
ru- Cy,
re j, April 17, 2011
TO: City of Denton Q
From: Geri Sams, LCSW, CMC/Owner Geri-Options Geriatric Care Management .
RE: Zoning Approval for Licensed Residential Care Home located at 2017 Brown Drive, 76209
To Whom It May Concern:
This is a letter of support for Kimberly Truax who is seeking city approval for a zoning change to establish
a licensed residential care home to serve the needs of persons with disabilities in Denton on a property
on 2017 Brown Drive, Denton, Texas 76209.
1 have known Ms. Truax for many years through our mutual professional interests in the geriatric field of
practice. Currently, Ms. Truax is a very responsible, conscientious and caring business owner of an
excellent caregiving company, Kind Companions; and I have no doubt that she will establish an
outstanding residential care home in that same professional manner.
Asa social worker and geriatric care manager with Geri-Options in Denton for the last twenty years, I
consult with families who must make serious emotional and financial decisions about moving a
physically or cognitively disabled loved one to another environment- Having a variety of housing
options in our community is vital. We have a shortage of personal, residential care homes in Denton
and there is often a waiting list. The home like environment and the personal attention provided by
trained staff in residential care homes often meets the specific needs of persons with dementia who
need more individualized attention. The growth of Alzheimer's disease is at record breaking rates with
a new diagnosis every 69 seconds..... Denton is no exception. Levels of stress due to prolonged duration
of caregiving also affects family caregivers....a personal care home often is an option that eases the
transition.
I strongly urge you to accept Ms. Truax's request for a zoning variance so that this home may be
established.
Geri-Options
940-566-0902
P.O. Box 424457
Denton, Tesas 76204-4457
GC
iviEMDBR
National Association or Professional
Geriatric Care Managers
4/19/11
To the members of the Denton, Texas City Council
My family has lived with Alzheimer's Disease for more than five years. It is a challenging life, but one
made manageable for us with the help of Kind Companions, a care agency run by Kimberly Truax.
I cried every day two years ago trying to keep my husband out of harm's way. When a geriatric care
professional suggested that I try Kind Companions it changed my life.
If Kimberly Truax can assemble a team to help me in our current situation I feel confident that she can
put together the best possible group of caregivers in a small group home.
Please give her the chance to do this at the location she has identified on Brown Street.
If you are dealing with Alzheimers disease in your own family you already know what a long, difficult
journey this is. On a purely anecdotal note, while working on a Master Gardener project recently, three
out of four gardeners in their early 60s were dealing with this disease in their immediate family. We
need to make plans to deal with this emerging "epidemic". The service Kimberly proposes, a small home
in a central location will be an option I can imagine living with when I can no longer manage David at
home safely.
Thank you for your consideration of this proposal.
Phyllis Pearson Minton
1401 Egan Street
Denton, Texas 76201
Cell 940 206 8921
Email p87140@aol.com
' 1Sfr K VICES
t~ TEXAS
April 13, 2011
To Whom It May Concern:
RE: Kimberly Truax's Request
Denton Office Dear Sir/Madame
4210 Mesa Drive
Denton, TX 76207 I would like to express my support of Kimberly Truax's request
(940) 351-1501
(800) 974-2437 to open a residential care home for elderly and disabled persons. Ms.
(940) 566-8059 fax Truax is a competent and capable professional with much experience
through her company "Kind Companions" in the care of the elderly
Plano Office and disabled. I would recommend your approval of her request with
,540 K. Avenue no reservations.
Suite i11500
Plano, TX 75074
(972) 424-1480
(800) 339-2437 Re eCtfll
y'
(972) 424-9117 fax
Greenville Office
4000 Wesley Street
Suite D Ronald G. Aldridge, Ph.D.
Greenville, T : CEO
75SO-40i8 Health Services of North Texas Inc.
(903)=150-
(903) 455-3737 fax
1
www.healthntx.org
I attest I have no objection to the intended use for 2017 Brown Drive as a licensed
residential assisted living care home proposed by Kimberly Truax.
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I attest I have no objection to the intended use for 2017 Brown Drive as a licensed
residential assisted living care home proposed by Kimberly Truax.
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I attest I have no abjection to the intended use for 2017 Brown Drive as a licensed
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Sign2tu e ,A/4- Date
I attest I have no objection to the rote-nded use fog- 2017 Brown Drive as a licensed
residenti2l assisted Hying care home proposed by Kim- Truax.
Address S-ZI (L-O g t s S
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