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Home My WebLink About2014-170s:\legal\our documents\ordinances\14\singing oaks counter offer ordinance.doc t' •, R • • • ' ! 11 11 ,111 14 • ' ' • • •MOWN! --------------- WHEREAS, the City of Denton ("City") made an initial offer to the Owner on January 10, 2014 to purchase the Property Interests; WHEREAS, Owner has made a counteroffer to the Initial Offer of City; WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to agree to same; NOW, THEREFORE, SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The City Council finds that a public use and necessity exists, and the public welfare and convenience require, the acquisition of the Property Interests by the City of Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition of the Property Interests is necessary for public use to expand and improve the Denton Municipal Electric Distribution and Transmission System to serve the public and the citizens of the City of Denton, Texas. sEcriON 3. The City Manager, or his designee, is hereby authorized to (a) execute for and on behalf of the City (i) the Easement Purchase Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Attachment 1, with a purchase price of SEVEN HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND 00/100 ($725,000.00), plus certain costs, as prescribed in the Easement Purchase Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Easement Purchase Agreement; and (b) to make expenditures in accordance with the terms of the Easement Purchase Agreement. SECTION 4. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVI-1) (his the day Of 2014. CLW '117-['S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 API'M VEM ASq'O LEGAL FORM: ANINBURGESS, CITY ATTORNEY V, By: K EXHIBIT "A-1" LEGAL DESCRIPTION ELECTRIC EASEMENT BEING A 3.5624 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 32.0303 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012-141313 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 3.5624 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING at a point for corner at the intersection of the north line of the above cited 32.0303 acre tract with the west line of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feet, said point also being in the south line of a called 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141312 of said Real Property Records; THENCE North 89050'37" West, along the common line between said 32.0303 and 34,9029 acre tracts, a distance of 255.50 feet to a point for corner at the POINT OF BEGINNING for the herein described tract; THENCE leaving said common line, and over and across said 32.0303 acre tract the following 3 courses and distances: South 00024'40" West, a distance of 673.37 feet to a point for the most easterly southeast corner hereof; North 89"29'28" West, a distance of 1,309.81 feet to an angle point hereof; South 89°09'29" West, a distance of 155.18 feet to a point lying In the north line of Paisley Street (variable width R-O-W Document Number 2005-56077 of said Real Property Records), also being the beginning of a non- tangent curve to the left having a central angle of 01°06'04", a radius of 225.00 feet, a chord bearing of North 81 °42'S6" West and a chord length of 4.32 feet; THENCE along the north line of said Paisley Street and said non -tangent curve to the left, for an are length of 4.32 feet to a point in the east right-of-way line of Mockingbird Lane (60' ROW), being the most westerly southwest corner hereof; THENCE with said east right-of-way line of Mockingbird Lane (60' R-O-W Volume 3162, Pages 700, 710 & 716 Deed Records Denton County, Texas) the following 2 courses and distances; North 00°36'01" East, a distance of 10.64 feet to a point for corner also being the beginning of a non -tangent cure to the left having a central angle of 11 °06'00", a radius of 330.00 feet, a chord bearing of North 04"53'16" West with a chord length of 63.83 feet; Northerly along said non -tangent curve to the left, an arc length of 26.08 feet, passing a 5/8 inch iron rod with cap stamped "TNP" set for referencing at the centerline of the herein described tract at a distance of 26.09 feet, and continuing for a total arc distance of 63.93 feet to a point for the most westerly northwest corner hereof; THENCE leaving the east fine of said Mockingbird Lane, and over and across said 32.0303 acre tract the following 3 courses and distances: North 89009'29" East, a distance of 164.62 feet to a point for a corner; South 89°29'28" East, a distance of 1,235.67 feet to a point for a corner; North 00024'40" East, a distance of 598,08 feet to a point lying in the common line between said 32.0303 and 34.9029 acre tracts, for the most northerly northwest corner hereof; THENCE South 89"35'20" East with said common line, passing a 5/8 inch Iron rod with cap stamped "TNP" set for reference at the centerline of the herein described tract at a distance of 37.50 feet, and continuing along said line a total distance of 75.00 feet to the POINT OF BEGINNING, and containing 3,5624 acres of land, more or less, l ......"I ToOdB.urner, R.P.L.S�,�sre, Jan. 07, 2012 Sep. 20, 2012 — Field .:,,«. ..".,. moo &L R.Nsra Revised: Sep. 30, 2013 .®,r. «.. " °........•..v"' (Address Schedule B Items) , 4859 ` T.B.P.L.S. Firm 10011601«`� SHEET 1 OF 2 EXHIBIT "g-l" SINGING OAKS CHURCH OF CHRIST OF DENTON DOG, No. 2012-141312 POINT F t , INGRESS=-FGRESS & Unu-ry M.' T, VOL, 1162 PTS, 700, n0 to lie L.R.D.C,T {Tft' for, & 10y) SEE DETAIL �BELOW R-O-W DONA DOC. No. 2005- R.P.R.D.C.T CJ f, K 5%AOA, �" fA CAP �.. 5'7Nr[t°A� "pn'P^ EosWr nt DOG. ND. 2012-141313 R.P.R,D,C,T. N.ns. rGRus & unLm uw.. (CALLED 3ZO303 ACRE TRACT) voL.. w1 Dq PG 5. 703, 700 & 710D., U,R T. (ion, 100 &; 10r) ,. - r .+ —,n-t+ ,r I I I @ I 1/0° trw B&M i 38 n erse11m^ a z,rs' 255.50' �Q Lo Mil { L,J I �I 1 f of w 16' SAN szWER VOL 1631. PG 936 G f NI R Y Cii T— N 89 2q'28' W NEVADA COI*T J CAB W, PG. 220 q P.R.D,C.T. 7' CT _ L1 SCALE: 1"=100'f�J _ ` DETAIL LINE BEARING 1STANCE Ll 5 89"0929 W 155.18 L2 N 00°36 01" E 10.14` L3 _ S 893520 E 75, 00' 1 rAx ^v I I p 'easemsnriow 1309.81'� ® LOMA DEL REYOLOGK n P4 17 5THSNOINN SECTION s I 1 a I ACAB. A, PAGEM1399, P,R,D.C,T, ! H -, 01- *5, PO. 24 1 P.R,O.C.T, � I x a v� H y 20' SAN. SEWER ESMT, VOL. 1131. PG. 397 � '4 und VOL 1137 PG. 239 I LEGEND- - D.R,D.C.T. (1Of & 101) i A CALCULATED POINT 0 5/8" IRS STAMPED TNP O FENCE POST FOUND O IRON ROD FOUND (UNLESS OTHERWISE NOTED [ ] RECORD INFORMATION CM CONTROL MONUMENT -- - - - 'OENTERUNE ELEC. ESMT. EASEMENT BOUNDARY THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, GF NO, 112108. EFFECTIVE DATE: JULY 16, 2013 THE FOLLOWING SCHEDULE B ITEMS DO AFFECT THIS TRACT, AS SHOWN, 101, 10j, 10k, 101, 10m, 10n, too, 10p, 10q and 10r, This tract Is subject to the Easement executed by F,J. Miller to Texas Power & Light Company filed July 31, 1957, recorded in Volume 431, Page 165, D.R.D.C.T. (Schedule B item 10h), however, the easement Is not plottable and no evidence of paler or guys was observed at the time of the survey, BASIS OF BEARING: 0 160, 300' 600, SCALE: 1" = 300' BearIngs, are based on the Texas State Piano 3. Coordinate System, North Central Zone (NAD83). ®- Situated in the _-' M.E.P. & P.R.R. Survey, Abstract No, 927 OF City of Denton ..STEg+ Denton County, Texas Todd B. Turner, R.P.L.,.3. ...a,,.°•°.aP4�»a° °, <a;°° JOB NO. DME13222 SHEET 2 OF 2 Jan. 07, 2013 TODD B TURNER _ . ..., .....,.. ,� Sep. 20, 2012 -Field 4859 �:x 1 to quo Hall & p®rkins Revised: Sep. 30, 2013 '"" S St` :�� ISIrantr.Plate Drive, Sul%320 �, ` ' Nnftn, Texoc 76208 (Address Schedule B items) SUR"!� � 840.3e3,4177ph H0.303,e026fx T.B.P,L,S. Firm 10011601 www.lnpinc.com EXHIBIT "g-2" LEGAL DESCRIPTION ELECTRIC EASEMENT BEING A 2,0203 ACRE TRACT OF LAND SITUATED IN THE M,E,P, & P.R,R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, ALSO BEING A PART OF THAT CERTAIN 34.9029 ACRE TRACT OF LAND DESCRIBED IN DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012- 141312 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 2.0203 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the south line of the above cited 34.9029 acre tract with the west line of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 inch iron rod found for reference bears North 89038'33" East, a distance of 2.79 feet, said point also being in the north line of a called 32.0303 acre tract of land described in a deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141313 of said Real Property Records of Denton County, Texas; THENCE North 89°50'37" West, along the common fine between said 34.9029 acre tract and said 32.0303 acre tract, a distance of 255.50 feet to a point for corner at the POINT OF BEGINNING for the herein described tract; THENCE North 89°50'37" West, along said common line, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 37.50 feet, and continuing along said line for a total distance of 76,00 feet to a point for corner; THENCE North 00°24'40" East, leaving said common line, over and across said 34.9029 acre tract, a distance of 541.44 feet, to a point for corner at an angle point; THENCE North 81 °55'36" West, continuing over and across said 34.9029 acre tract, a distance of 216.29 feet to a point for comer at an angle point; THENCE North 44'22'07" West, continuing over and across said 34,9029 acre tract, a distance of 169.99 feet to a point for corner lying In the north line of said 34.9029 acre tract, also being the south line of a called 26.4732 acre tract of land as described in a deed to the City of Denton, as recorded in Document Number 2012-129326 of said Real Property Records; THENCE South 89°37'25" East, with the north line of said 34,9029 and the south line of said 26.4732 acre tract, a distance of 236,32 feet to a 1/2 inch iron rod found for the southeast corner of said 26,4732 acre tract and the southwest corner of that certain 6.106 acre tract of land described in a deed to Saratan Corporation I, as recorded in Document Number 2004-98930 of said Real Property Records; THENCE South 89°28'41" East, along the common line of said 34.9029 acre tract and said 5.106 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 135,28 feet, and continuing along said line for a total distance of 172.78 feet to a point for corner, from which a 1/2 Inch Iron rod found for reference in the west line of State Highway Loop 288 bears South 89°28'41" East, a distance of 273.38 feet; THENCE South 00°24'40" West, departing the south line of said 6.106 acre tract, and over and across said 34.9029 acre tract, a distance of 690.42 feet to the POINT OF BEGINNING, and containing 2,0203 acres of land, more or less. A'U Todd Turner, R.P,L,S. k OF . Jan. 07, 2013 "o Sep. 20, 2012 — Field....................... Revised: Sep. 30, 2013 too - "TURNER -�' (Address Schedule B items) 4859,R* T,B.P.L.S, Firm 10011601 tc 4a� tlR Sheet 1 of 2 CITY OF DENTON, TEXAS DOC. NO. 2012-129326 R.P.R.D.C.T. (CALLM 26.4732 ACRE TRAC) S 99`37'25" E 2 6,32' tnp 1 AN CORPTION r EXHIBIT Hip-20 OATRp D�T�0301 2 S 89'28'41" E 172.78' [N 89.33.02 W 944,56'] 1 I PASS 5/8" IRS AITH _J CAP STAMPED "TNP" 1 AT P35•,23PG�� 2' 1 I 21 SINGING OAKS CHURCH OF CHRIST OF DENTON DOC. NO. 2012-141312 R.P.R.O.C.T. (CALLED 34.9029 ACRE TRACT) 0 50, 100, 209 SCALE: 1" =100' LEGE14D _ A CALCULATED POINT _ 5/8" IRS STAMPED TNP $1 FF.1•NCE POST FOUND 0[RON ROD FOUND UNLESS OTHERWISE NOTED. [ I RECORD INFORMATION CM CONTROL MONUMENT I :-.ASEMENT BOUNDARY �- .ADJACENT PROPERTY LINE �- -- -- — ®-- XISTING EASEMENT - — � — OENTERIJNEELEC. ESMT. U >R MA NOTES 37, 50' THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, OF NO. 112097, EFFECTIVE DATE: APRIL 16, 2013 THE FOLLOWING SCHEDULE a ITEMS DO AFFECT THIS TRACT AS SHOWN: 10h THE FOLLOWING ITEMS 00 NOT AFFECT THIS TRACT AS SHOWN: 10g, Easement executed by P.J. Miller to Texas Power & Light Company filed July 31, 1967, recorded In Volume 431, Page 165, D.R.D.C.T. 101. Easement executed by Eugenio Porter Royzor to the City of Denton, Texas Ned February 20. 1992, recorded In Volume 3162. Page 098. R.P.R.D.C,T. BASIS OF BEARING: Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83), To�td'B.`Turrter, .PI.S. Jan. 07, 2013 Sep, 20, 2012 - Field Revised; Sep. 30, 2013 (Address Schedule B items) T.B.P,L.S. Firm 10011601 . (CALLED 5.1D6 ACRE TRACT) S 89'28'41" E 273.38' r - 1/2" JRF I I 9 I i I w, I I wm cti r I a TXDOT I ALUM. a I MON. Td cti y E I Co C' CO N CL f I O -70,. I SINGING OAKS CHURCH OF CHRIST OF DENTON 1 0 uL hti -J DOC. NO. 2012-141312 I CO Q (CALLED 34,9029 ACRE TRACT) Lit cc p. i � W I N � I C/) P 0 � I TXBOT ] AWM y' I I MON. s I r 1 kn C I ! 1 f l s 1 I POINT OF POINT OF I COMMENCING I BEGINNING I N 89'50'37" W 255.50' ::—z Ile BEARS SINGING OAKS CHURCH OF CHRIST IV 8Li`38'38" E OF DENTON 21791 DOC. NO. 2012-141313 PASS 6/6" TTS R.P.R.D.O.1. WITH CAP STAMPED (CALLED 32.0303 ACRE TRACT) "TNP" AT 37.50' 2.0203 ACRES Situated in the M.E,P. & P.R.R. Company Survey, Abstract 927 y of Denton DentonCounty, Texas ... ......=• JOB NO. DME13222 SHEET 2 OF 2 TODD D. TURNER vo 4859 , @,F fea ue nail & Perkins I S 17 Centro Place Drive, Suite 320 R I 0 Oen Pen, Texa, 7620 mrnp 940.38 .4177 ph 940.393.6026 fx "^` wwwhapinc.com N 89'50'37" W EXHIBIT nA-3 n LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING A 1.1283 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 32.0303 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012-141313 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 1.1283 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the north line of the above cited 32.0303 acre tract with the west line of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 inch iron rod found for reference bears North 89038'33" East, a distance of 2.79 feet, said point also being in the south line of a called 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141312 of said Real Property Records; THENCE North 89°50'37" West, along the common line between said 32.0303 and 34.9029 acre tracts, a distance of 330.50 feet to a point; THENCE South 00°24'40" West, leaving said common line, over and across said 32.0303 acre tract, a distance of 662.91 feet to a point for corner at the POINT OF BEGINNING for the herein described tract; THENCE over and across said 32,0303 acre tract the following three courses and distances; South 00°24'40" West, along the west line of a proposed 75 foot power line easement a distance of 35.00 feet to an angle point hereof; North 89°29'28" West, along the north line of the said power line easement a distance of 1,235.57 feet to an angle point hereof; South 89°09'29" West, continuing along the north line of said power line easement, a distance of 164.62 feet to a point lying In the east line of Mockingbird Lane (60' R-O-W Volume 3162, Pages 700, 710 & 716 Deed Records of Denton County, Texas), also being the beginning of a non- tangent curve to the left having a central angle of 06013'67", a radius of 330.00 feet, a chord bearing of North 13°33'14" West and a chord length of 35.86 feet: THENCE along the east line of said Mockingbird Lane, and said non -tangent curve to the left, for an arc length of 35,90 feet to a point for the most northwest corner hereof; THENCE departing said east right-of-way line of Mockingbird Lane over and across said 32.0303 acre tract the following two courses and distances; North 89°09'29" East, a distance of 172.93 feet to a point for a corner; South 89°29'28" East, a distance of 1,235.92 feet to a point for a corner at the POINT OF BEGINNING, and containing 1.1283 acres of land, more or less. To . B.'Turner, R.P.L.S. Sep. 30, 2013 T.B.P.L.S. Firm 10011601 R TQDD��.y Tl1gNER ..._+.............. 4859 �, SHEET 1 OF 2 EXHIBIT pB_3" SINGING OAKS CHURCH OF CHRIST OF DENTON DOC. No, 2012-141312 R.P.R.D.C.T. (CALLED 34.9029 ACRE TRACT) O INGIA.SS—ECSES5 & 011UT`r C+, i. N VOL. 31.62 PG'S 700, 710 & 71 `*. DROC.T, ! (Porn, 14 & lo-0) ` SEE DETAIL BELOW L3 R—O—W DONA110M DOC, No. 2005-5607 SINGING OAKS CHURCH OF CHRIST OF, DENTON IOC. No. 2012-141313 R P.R,D C T. INC.,#iES5. 'GR SS & Lj111.1T1' tsUr, (GALLED 32.0303 ACRE TRACT) VOL-31,32 P' `S '103, 708 Pt 7113 D R D.C. I { I Oii, 100 &. 1 Qr) 1a E,x%VE7C1 ' aA1c Fq.A17 NFQDA WR v T. CAB, K PG 220 �E R.D.C.T, ' C,E Z -S 59`09'29" W 164.62' x z 75' P.U.E. (BY SEPARATE PLAT) _ - d SCALE: 1"=100'r DETAIL N 89"29'2" W 1233.5 10' Sol 7,-"i C a+ . a VO 193L PG ^.13a BLCCK 17 i R. D. C, T. (rDi) S6Tiadt#'SECTIONI S d a. PC. "24 C _ - LEGEND _ CALCULATED POINT ® 5/8"IRS STAMPED TNP OO FENCE POST FOUND 0 [RON ROD FOUND (UNLESS OTHERWISE N07ED C I RECORD INFORMATION CM CONTROL MONUMENT '.- - -:.-.. .,_ •�.,..-- CENTERLINE ELEC. ESMT. — EASEMENT BOUNDARY --- -— �-- � — -� ADJACENT PROPERTY LINE UNE I BEARING DISTANCE L1_ Sa 00 24'40" W 35.1J0 L2 S 59'09'29" _ IN 164,62 L3 N 69'0929 E 1i2,93 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD Bi ARING DELTA ANGLE C1 330.00 35,90 35.85' N 13'33'14' Wf _ 0613'S7,. NOTES: THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, GF NO, 112108, EFFECTIVE DATE: JULY 16, 2013 THE FOLLOWING SCHEDULE B ITEMS DO AFFECT THIS TRACT, AS SHOWN: 101, 1oj, 10k, 101, 10m, 10n, 106, 10p, 10q and 10r. This tract Is subject to the Easement executed by F.J, Miller to Texas Power & Light Company filed July 31, 1957, recorded In Volume 431, Page 165, D.R.D.C.T. (Schedule B item 10h), however, the easement Is not plottable and no evidence of poles or guys was observed at the time of the survey. BASIS OF BEARING: Bearin 0 Pigs based on the Texas State Plane Coordinate System, North Central Zone (NAD03).. Todd B. Turner, R.P.L.. Sep. 25, 2013 Sep. 30, 2012 - Field (Address Schedule B Items) T.B.P.L.S. Firm 10011601 I I I N 89'50'37" W I 1/2• Mr sears N 8~33" 2 AN, Of l� 0F CD 1 [5°t 41 I I i000 ^ I g1 I I---- OI II I r'n 09 jl I CO V) I I P sae W I I O 3 I 1 M.a aG I LI P = LOMA DEL REY APARTMENT COMPLEX W J I CAB. A, PAGE 139 I P.R.D.C.T. I I W E v 20' SAN. SEWER L5VT H VOL. 1731. PG. 307 and VOL. 1137, PG. 236 D,R.D.C,T, I (10 j & 101) i 0 160, 300, 600, SCALE: 1" = 300' TEMPORARY CONSTRUCTION EASEMENT .1 ACRES Situated in the M.E.P. & P.R.R. Survey, Abstract No. 927 1 S T: City of Denton Denton County, Texas •..,"`�' .`I..TU „R .. JOB NO. DME13222 SHEET 2 OF 2 TObO B. TURNER - - - .-................».... °•� 4859;" teague nall & perkins "••:+,cE : 5 1517 Coft. Pros Drive, SuIN 320 ` Deafen, Texas 76200 S U i�: - # -J 940.393A177 Px %0.sea.ewl6 fr ti I Iffeass- wWW.1API-.eoffl i l 61 THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated 2014, between SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation (the "Owner"), and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation, is the Owner of two tracts of land (the "Land") in the M.E.P. & P.R.R. Survey, Abstract Number 927, Denton County, Texas being affected by the public improvement Project called the Spencer Transmission Line Project ("Project"); and WHEREAS, City is in need of certain easements in, along, over, upon, under and across the tract of land described above related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary easements for the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1 1. At Closing, the Owner shall grant, execute, and deliver to the City both permanent and temporary construction easements, the scope, location and duration of which are described and shall be memorialized in an Electric Utility Easement (herein, the "Easement"), the form and content of which is shall be substantially similar to the Attachment 1 which is attached hereto and made a part hereof for all purposes as if set forth herein verbatim. The Easement shall grant, sell and convey permanent easements in, along, over, upon, under and across the tracts of land being described in the Exhibits "A-1" and "A-2" and depicted in Exhibits `B-1" and `B-2" attached to the Easement, respectively, and a temporary construction easement in, along, over, upon, under and across the tract of land being described in Exhibit "A-3" and depicted in Exhibit "B-3" also attached to the Easement. As stated in the Easement, the permanent easement shall be granted for electric utility purposes, and the temporary construction easement shall be granted for construction purposes, the purpose(s), scope and duration of which are further set forth and defined in the Easement. The lands described and depicted in the Exhibits attached to the Easement are collectively referred to herein as the "Easement Lands". 2. As consideration for the granting of the Easement and other damages (if any) and matters described herein below, the City shall pay to Owner at Closing the collective, aggregate sum of �� ! � t. ind no/100 DOLLARS .00) as Total Monetary Compensation. 3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all compensation due Owner by City related to the Project and purchase of the Easement Lands, including without limitation, the purchase price of the easements conveyed, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of any z improvements, turf, landscape, vegetation, or any other structure or facility of any kind located within the Easement Lands related to activities conducted pursuant to the Easement, interference with Owner's activities on the Easement Lands or other property interests of Owner caused by or related to the Project and/or activities related to the Easement, whether accruing now or hereafter, and Owner hereby releases for itself, its successors and assigns, City, its officers, employees, elected officials, agents and contractors from and against any and all claims they may have now or in the future, related to the herein described matters, events and/or damages. 4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525 South Loop 288, Suite #125, Denton, Texas 76205 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 60 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). The Owner shall convey the Easement free and clear of all debts, liens and encumbrances. The Owner shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances and other curative efforts affecting the Easement, if necessary in the discretion of the City. 5. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. All other typical customary and standard closing costs associated with this transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 6. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 7. In the event Owner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of such default and 3 opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance or termination of this Agreement. 8. In the event City shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of such election to City; or (ii) enforce specific performance of this Agreement. 9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 10. From and after the date of execution of this Agreement by Owner to the date of Closing, Owner shall not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the Easement Lands after the date of Closing. 11. Any notices prescribed or allowed hereunder to Owner and/or City shall be in writing and, except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: 4 OWNER: CITY City of Denton Paul Williamson Real Estate and Capital Support Phone 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 Copies to: For Owner: For City: John Kelsey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: _ Telecopy: (940) 387-9553 12. This Agreement constitutes the sole and only Agreement of the parties and supersedes any prior understandings or written or oral Agreements between the parties with respect to the subject matter of this Agreement. 13. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Easement. 14. Authority to take any actions that are to be, or may be, taken by Buyer under this Agreement, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General Manager, Electric Administration of Buyer, or his designee. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity other than the City that might result in the taking of any portion of the Easement Lands, City may, at its election, terminate this Agreement at any time prior to Closing. 5 16. If the Closing Date or day of performance of any act required or permitted hereunder falls on a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case may be, shall be the next following regular business day. CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER P6W Date:. , 2-0-113 ATTEST: JEP BY; fat+ API Kelsey, Kelsey & Hickey, PLLC Richard H. Kelsey John E. Kelsey TARY Scott W. Hickey Attorn ,s for the City of Denton BY } Date: , 2014 Owner: SINGING OAKS C 1-lUlkZion. 1 OF C111 T OF DENTON, a Texas none fit cor o p " Z. By: y Steve Speck, Secretary Date: A-tA 2 � 2014 11 I SINGING AK CHURCH OF CHRIST OF DENTON, a Texas V/ojivroNt coraotati" m Printed Title:. — Date: _,2014 SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprotit corp" By: Printed Name: - P" t 1 L4L VV-, Title: E I CRZ V— Date: 5- 12014 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement 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 promulgated thereunder. TITLE COMPANY: Title Resources Attn: Virginia Kubiak 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381-1006 Telecopy: (940) 898-0121 Loan Printed Name: Title: Contract receipt date: , 2014 s ATTACHMENT 1 TO EASEMENT PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY 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 IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT, SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation (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 Texas home rule 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 the GRANTEE perpetual, exclusive and unobstructed easements and rights of way and a temporary construction easement (collectively, the "EASEMENT") for the purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or above ground electric transmission and 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 anchorages, and structural components (collectively referred to herein as the "FACILITIES"), in, on, over, under and across that certain real property situated in Denton County, Texas, being approximately 3.5624 acres and 2.0203 acres and being more particularly described in Exhibits "A-1" and "A-2", and illustrated in Exhibits "B-1" and `B-2", attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY"). GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve, reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to time find necessary, convenient or desirable, along with all rights necessary or convenient for full use and enjoyment of the above grant, including access over, across and upon the EASEMENT PROPERTY. GRANTEE shall have the right to trim or remove trees or shrubbery within said EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to prevent possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water within, over and/or across the EASEMENT PROPERTY without prior written consent of GRANTEE. For the same consideration GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE a temporary workspace or temporary construction easement (the "Temporary Construction Easement") on, in, upon, under, over, through and across that certain real property situated in Denton County, Texas, being approximately 1.1283 acres and being more particularly described in Exhibit "A- 3" and illustrated in Exhibit "B-3" (the "TEMPORARY CONSTRUCTION EASEMENT PROPERTY") for the use by GRANTEE, its agents, employees, contractors, subcontractors, workmen, and representatives only in connection with and during the original construction of the FACILITIES. GRANTEE, its agents, employees, contractors, subcontractors, workmen, and representatives shall: 1) have the right of ingress, egress and regress in, along, upon, under and across said TEMPORARY CONSTRUCTION EASEMENT PROPERTY for the purpose of access, staging of materials and equipment, construction and grading activities or any part thereof, and; 2) without the payment of additional consideration, have the right to clear and remove from the TEMPORARY CONSTRUCTION EASEMENT PROPERTY such fences, signage, buildings, vegetation and trees 2 and other obstructions as may now be found therein. The Temporary Construction Easement shall commence on the date of the "Contractor Notice to Proceed" to begin construction of the FACILITIES and terminate two (2) years from such date of the "Contractor Notice to Proceed". GRANTOR, for itself, its successors and assigns, subject to the terms herein, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the exercise of GRANTEE's rights hereunder. GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude all other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however, the EASEMENT is nonexclusive as to GRANTOR'S right to use the EASEMENT PROPERTY in accordance with the terms hereof. Upon written consent of GRANTEE, such consent to be exercised at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion of GRANTEE. GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or remove trees as provided herein, together with the right to install gates in existing fences within such EASEMENT PROPERTY. GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no buildings, structures, signs, obstructions or other facilities or improvements of any kind ("UNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED 3 STRUCTURES on the EASEMENT PROPERTY and if any UNPERMITTED STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal. The EASEMENT shall constitute a covenant running with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and its successors and assigns. TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described EASEMENT unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise. WITNESS THE EXECUTION HEREOF on the day of 92014. SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation By: Title: State of Texas § County of § This instrument was acknowledged before me on this day of , 2014, by ..................... . I'-.-- w .._- as of SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation, on behalf of the said Singing Oaks Church of Christ of Denton and in the capacity therein stated. Notary Public, State of My Commission Expires:. 4 AFTER RECORDING RETURN TO: City of Denton — Engineering Department Real Estate and Capital Support 901-A Texas Street, 2nd Floor Denton, Texas 76209 Attn: Paul Williamson EXHIBIT "A—'" LEGAL DESCRIPTION ELECTRIC EASEMENT BEING A 3.5624 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 32.0303 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012-141313 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 3.5624 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the north line of the above cited 32.0303 acre tract with the west line of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feet, said point also being in the south line of a called 34.9029 acre tract of land described In deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141312 of said Real Property Records; THENCE North 89050'37" West, along the common line between said 32.0303 and 34,9029 acre tracts, a distance of 255.50 feet to a point for comer at the POINT OF BEGINNING for the herein described tract; THENCE leaving said common line, and over and across said 32.0303 acre tract the following 3 courses and distances: South 00924'40" West, a distance of 673.37 feet to a point for the most easterly southeast comer hereof; North 89°29'28" West, a distance of 1,309.81 feet to an angle point hereof; South 89°09'29" West, a distance of 155.18 feet to a point lying in the north line of Paisley Street (variable width R-O-W Document Number 2005-56077 of said Real Property Records), also being the beginning of a non- tangent curve to the left having a central angle of 0100604", a radius of 225.00 feet, a chord bearing of North 81 °42'56" West and a chord length of 4.32 feet; THENCE along the north line of said Paisley Street and said non -tangent curve to the left, for an are length of 4.32 feet to a point in the east right-of-way line of Mockingbird Lane (60' ROW), being the most westerly southwest comer hereof; THENCE with said east right-of-way line of Mockingbird Lane (60' R-O-W Volume 3162, Pages 700, 710 & 716 Deed Records Denton County, Texas) the following 2 courses and distances: North 00°36'01" East, a distance of 10.64 feet to a point for corner also being the beginning of a non -tangent curve to the left having a central angle of 11 °06'00", a radius of 330.00 feet, a chord bearing of North 04°53'16" West with a chord length of 63.83 feet; Northerly along said non -tangent curve to the left, an arc length of 26.08 feet, passing a 5/8 inch iron rod with cap stamped `TNP" set for referencing at the centerline of the herein described tract at a distance of 26.09 feet, and continuing for a total arc distance of 63.93 feet to a point for the most westerly northwest corner hereof; THENCE leaving the east line of said Mockingbird Lane, and over and across said 32,0303 acre tract the following 3 courses and distances: North 89009'29" East, a distance of 164.62 feet to a point for a corner; South 89°29'28" East, a distance of 1,235.67 feet to a point for a comer; North 00°24'40" East, a distance of 598.08 feet to a point lying In the common line between said 32.0303 and 34.9029 acre tracts, for the most northerly northwest corner hereof; THENCE South 89*3620" East with said common line, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the centerline of the herein described tract at a distance of 37.50 feet, and continuing along said line a total distance of 75.00 feet to the POINT OF BEGINNING, and containing 3.5624 acres of land, more or less. Todd B. Turner, Jan. 07, 2012 Sep. 20, 2012 — Field D`EL RNER (.rl:, Revised: Sep. 30, 2013 (Address Schedule B Items)4859 „......"`"".o , a T.B.P.L.S. Firm 10011601 fi _mA . SHEET 1 OF 2 SINGING OAKS CHURCH OF CHRIST OF DENTON DOC. No. 2012-141312 POINT OF I i I R,P.R.D.C.T. BEGINNING a (CALLED 34.9029 ACRE TRACT) I L3 f/a• Lr7 eau¢s s aaaa'sa• a ara• I . N 59'5O'37" W cn� I 255.50' 1 0F MI US 0 WOO SINGING OAKS CHURCH OF CHRIST OF DENTON (0I INGRESS -EGRESS dt UTILITY EaMT: G VOL3$62. PG'$, 700. 710 & 716 D,R,DX,T, \ 416 (r0rn, fop & tD,y) SEE DETAIL 1 BELOW R-O-W DONATION DOC. No. 2005-1160'. R.P.R.O.C.T. a � �Y S ARXIF'i 1 tea. 1 a17�t W .,..•- Si'AkcM DOC, No. 2012-141313 R,P.R,D,C,T. W O V I 1 I:` tR'ESS-EGRESS & UMITY ESMT, "708 (CALLED 32.0303 ACRE TRACT) ':-0I vm. 3164 PG'S. 703, fx 710 D.19 D.0 T. ;V �I (10n, 10Q:& ior) 16' SANd SEWER ESMT, Vol- 1631, PG 1135 O O 35' 1POORARY o"TROT:%EAM. D.R.D.C.T, (1 ) 0/ xs Z I I OI OI _ ® I Pr �• _®® L1 A SCALE: 1"=100'� DETAIL N 89-29128" W NEV-' COUT,RT CAS W, PG= 220 LINE BEARING DISTANCE L1 S 59" 9 29°' W 155.16 - L2 N 00'36 01' E 10.74 L3 S 89'35 20 ° E 75, OW Easement 1-7 1309. 6LOCK �17—=T--4 LOMA DEL REY SINGING OAKS., APARTMENT COMPLEX 1 STH SECTION I I I CAS. A, PAGE 139 VOL I5, PG. 24 I I P,R,D.C.T, P P,R.D.C:T, q i H 2V SAN. SEWER ESMT, 94 VOL 1131. P0, 397 and I VOL 1137, PG. 238 I LEGEND D.R,D.C.T, (iol & 1ol) A M 0 CALCULATED POINT 5/8" IRS STAMPED TNP FENCE POST FOUND 0 IRON ROD FOUND (UNLESS OTHERWISE NOTED RECORD INFORMATION _ CM CONTROL MONUMENT CENTERLINE ELEC. ESMT, EASEMENT BOUNDARY - - - -� ADJACENT PROPERTY LINE CURVE ADEUS ARC LENGTH CHORD LENGTH CHORD $EARIIJCI DELTA AN(;Lt G1 225.13t7° 4.32' 4.32° N 81 `4'S6 ° W 01'0fi'04 C2 330,DD 63.93' 63.t33 N 01'63I tN 11'06'0t7_- NOTES: THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, GF NO. 112108. EFFECTIVE DATE: JULY 16, 2013 THE FOLLOWING SCHEDULE B ITEMS DO AFFECT THIS TRACT, AS SHOWN: 101, 10J, 10k, 101, 10m, 10n, too, 10p, 10q end 10r. This tract is subject to the Easement executed by F.J. Miller to Texas Power & Light Company filed July 31, 1957, recorded in Volume 431, Page 165, D.R.D.C.T. (Schedule B Item 10h), however, the easement Is not plottable and no evidence of poles or guys was observed at the time of the survey, BASIS OF BEARING; Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). F Pr,1STF �a Todd B. Turner, R.P.L.S. ........................ TODD... TURNER Jan. 07, 2013 Sep. 20, 2012 - Field !�' 4859 Rd" Revised: Sep. 30, 2013 u � (Address Schedule B Items) S R_ T.B.P.L.S. Firm 10011601 JL- 0 160, 300' 600, i SCALE: 1" = 300' 3.5624 ACRES Situated in the M.E.P. & P.R.R. Survey, Abstract No, 927 City of Denton Denton County, Texas JOB NO. DME13222 SHEET league nail & perki 11517 corn F mr D", Nuke 220 Deren, T"u 762W 1140,903.4177ph M363AMfx www,reptnCAOM EXHIBIT "A-2 ~ LEGAL DESCRIPTION ELECTRIC EASEMENT BEING A 2.0203 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, ALSO BEING A PART OF THAT CERTAIN 34,9029 ACRE TRACT OF LAND DESCRIBED IN DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012- 141312 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 2.0203 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the south line of the above cited 34.9029 acre tract with the west line of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 Inch iron rod found for reference bears North 69°38'33" East, a distance of 2.79 feet, said point also being in the north line of a called 32.0303 acre tract of land described in a deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141313 of said Real Property Records of Denton County, Texas; THENCE North 89050'37" West, along the common line between said 34.9029 acre tract and said 32.0303 acre tract, a distance of 255.50 feet to a point for comer at the POINT OF BEGINNING for the herein described tract; THENCE North 89°50'37" West, along said common line, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 37.50 feet, and continuing along said line for a total distance of 75.00 feet to a point for corner; THENCE North 00°24'40" East, leaving said common line, over and across said 34.9029 acre tract, a distance of 541.44 feet, to a point for comer at an angle point; THENCE North 81 °55'36" West, continuing over and across said 34.9029 acre tract, a distance of 216.29 feet to a point for comer at an angle point; THENCE North 44"22'07" West, continuing over and across said 34,9029 acre tract, a distance of 169.99 feet to a point for comer lying in the north line of said 34.9029 acre tract, also being the south line of a called 26.4732 acre tract of land as described in a deed to the City of Denton, as recorded in Document Number 2012-129326 of said Real Property Records; THENCE South 89°37'25" East, with the north line of said 34,9029 and the south line of said 26.4732 acre tract, a distance of 236.32 feet to a 1/2 Inch iron rod found for the southeast corner of said 26.4732 acre tract and the southwest corner of that certain 6.106 acre tract of land described in a deed to Saratan Corporation I, as recorded in Document Number 2004-98930 of said Real Property Records; THENCE South 89°28'41" East, along the common line of said 34.9029 acre tract and said 5,106 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 135,28 feet, and continuing along said line for a total distance of 172.78 feet to a point for comer, from which a 1/2 inch iron rod found for reference in the west line of State Highway Loop 288 bears South 89°28'41" East, a distance of 273.38 feet; THENCE South 00024140" West, departing the south line of said 6.106 acre tract, and over and across said 34.9029 acre tract, a distance of 690.42 feet to the POINT OF BEGINNING, and containing 2.0203 acres of land, more or less. Todd . Turner, R..P.L.S. Jan. 07, 2013 Sep. 20, 2012 — Field Revised: Sep. 30, 2013 (Address Schedule B items) T.B.P.L.S. Firm 10011601 Sheet 1 of 2 CITY OF' DENTON, TEXAS DOC. NO. 2012-129320 R.P.R.D.C.T. (CALLED 26.4732 ACRE TRACT) S 89'37'25" E 236,3 EXHIBIT Nip-2' D=NO t 3O 2 CIS S 89'28'41" E 172.78' [N 89'33'02 W 944.56-3 PASS 6/8" IRS 07TH -J CAP STAMPED "TNP" AT 136.28' PGRES rL p2 SINGING OAKS CHURCH OF CHRIST OF DENTON DOC. NO. 2012-141312 R.P.R,D.C.T. (CALLED 34.9029 ACRE TRACT) 0 50, 100, 20V SCALE: 1" =10V U) :A NOTES 37.50' THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES CUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, GF NO. 112097. EFFECTIVE DATE: APRIL 16, 2013 THE FOLLOWING SCHEDULE B ITEMS DO AFFECT THIS TRACT AS SHOWN: 10h THE FOLLOWING ITEMS DO NOT AFFECT THIS TRACT AS SHOWN: tOg, Easement executed by P.J. Miller to Texas Power k Light Company filed July 31, 1957, recorded In Volume 431, Page 165, D.R.D.C.T. 101. Easement executed by Eugenia Pater Rayzor to the City of Denton, Texas tiled February 20, 1992. recorded In Volume 3162, Page 690, R.P.R.D.C.T. BASIS OF BEARING: Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NA083). Todd'B.-Turf dr, B.P.L.S. Jan. 07, 2013 Sep. 20, 2012 - Field Revised: Sep. 30, 2013 (Address Schedule B items) T.B.P.L.S. Firm 10011601 OF TODD B. TURNER ........................ I 4859+ :. QFy SUR'I N 89'50'37" W (CALLED WO ACRE TRACT) S 89'28'41" E 273.38' -r - I I 1 112 !RF I I 6 I I 7XDOT j a j ALUM. a 3 I MON. CGv 1 im 0 I I �, I I 1 CO j Co IL i d O O I O ¢ 70' _ f I J Q Fz- [] f I SINGING OAKS CHURCH OF CHRIST I Uj OF DENTON DOC. NO. 2012-141312 11 I = N R.P.R.D,C.T. am c� (CALLED 34.9029 ACRE TRACT) L. ¢ o Q W I I to I dN I 0 cO I TXDfJT I V I I MON. ue I 1 I I' I ; POINT OF POINT OF I COMMENCING BEGINNING I I N 89'50'37" W 21'15.SO' 1/z" LRF DEARS SINGING OAKS CHURCH OF CHRIST IV 89"38 38" E OF DENTON 2179, DOC. NO. 2012-141313 PASS 6/8'" IRS R.P.R.D.C.T. irr L'AP STAMPED (CALLED 32.0303 ACRE TRACT) "TNP'AT 37.60' 2e0203 ACRES Situated in the M.E.P. & P.R.R. Company Survey, Abstract 927 City of Denton Denton County, Texas JOB NO. DME13222 SHEET 2 OF 2 teague mail & perkins }S17 tDento Floc Drive, Such 320 ^A, Denton, Texas 76200 940.393,4177 ph 940.363.8026 fx tnpwwWlepinuem EXHIBIT "A-3" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING A 1.1283 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 32.0303 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012-141313 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 1.1283 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the north line of the above cited 32.0303 acre tract with the west line of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feet, said point also being in the south line of a called 34.9029 acre tract of land described In deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141312 of said Real Property Records; THENCE North 89°50'37" West, along the common line between said 32,0303 and 34.9029 acre tracts, a distance of 330.50 feet to a point; THENCE South 00°24'40" West, leaving said common line, over and across said 32.0303 acre tract, a distance of 562.91 feet to a point for corner at the POINT OF BEGINNING for the herein described tract; THENCE over and across said 32,0303 acre tract the following three courses and distances; South 00°2440" West, along the west line of a proposed 75 foot power line easement a distance of 35.00 feet to an angle point hereof; North 89°29'28" West, along the north line of the said power line easement a distance of 1,235.67 feet to an angle point hereof; South 89°09'29" West, continuing along the north line of said power line easement, a distance of 164.62 feet to a point lying In the east line of Mockingbird Lane (60' R-O-W Volume 3162, Pages 700, 710 & 716 Deed Records of Denton County, Texas), also being the beginning of a non- tangent curve to the left having a central angle of 06013'57", a radius of 330.00 feet, a chord bearing of North 13°33'14" West and a chord length of 35.88 feet; THENCE along the east line of said Mockingbird Lane, and said non -tangent curve to the left, for an arc length of 35.90 feet to a point for the most northwest corner hereof; THENCE departing said east right-of-way line of Mockingbird Lane over and across said 32.0303 acre tract the following two courses and distances; North 89009'29" East, a distance of 172.93 feet to a point for a comer; South 89029'28" East, a distance of 1,235.92 feet to a point for a corner at the POINT OF BEGINNING, and containing 1.1283 acres of land, more or less. 117 To B, Tumor, R,P,L.S. Sep. 30, 2013 T.B.P.L.S. Firm 10011601 SHEET 1 OF 2 EXHIBIT "B-3p SINGING OAKS CHURCH OF CHRIST OF DENTON DOC. Na 2012-141312 R.P.R.D.C.T, (CALLED 34.9029 ACRE TRACT) INGREaS LWSS & UTILITY ESMT 'V VOL, 3182 PC'S. 700, 710 & 71 0 R.O,C,T, (Tom, IOp & IQq) SEE DETAIL BELOW L3 a R-O-W DONATION - pOC, Na 2O0.R- V i� SINGING OAKS CHURCH OF CHRIST OF DENTC DOC. No, 2012-141313 R P.R,D.C..T. INGRIFss-.ECREGS & U11LITv ESML (CALLED 32.0303 ACRE TRACT) VOL. 3162, Pa';. 703, 700 & 719 D,R.O,C,T. (10n, to. & 10r) --. _ ----_ -D W PG 220 .-16' SAN SEwrli ESVM . Lx R,DwC.T. VOL iS3s. PO 935 - q Lt $rt11) TBLOCK 1:7 SINGING OAKS, P.R,D.C.T. C1' C. d 75' P.U.E./ SEPARATE PLC - ---1_'�' __— _ SCALE: 1"=100' r, DETAIL I "U - LFAEND A CALCULATED POINT 5/8' IRS STAMPED TNP ®'FENCE POST FOUND 0 ,IRON ROD FOUND (UNLESS OTHERWISE NOTED ],RECORD INFORMATION CM CONTROL MONUMENT — CENTERLINE ELEC. mt EASEMENT BOUNDARY ADJACENT PROPERTY LINE CURVE RADIUS ARc LENGTH CHORI RID BEARING DELTA ANGLE C1 3313.0fl 35,90' 35.88 N I3' 33'14" W C6'13'S7 NOTES: THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, GF NO. 112108, EFFECTIVE DATE: JULY 16, 2013 THE FOLLOWING SCHEDULE B ITEMS DO AFFECT THIS TRACT, AS SHOWN: 10i, 10J, 10k, 101, 10m, 10n, 10o, 10p, 10q and 10r. I I C [ 1 I f IN89'50'37" W 1 1/2' Jrr eases 1330.50' N erse'xi^ a a,79' Do 31 I 001, II I O I f tl } ~ 01 I I I 00 1n I f I 1 eau^ 00 CQ I o � I I f 1^Q L11 I I o> I a a IL�C, a s/e- cnv LOMA DEL REY APARTMENT COMPLETE �y W �I J I CAD. A, PAGE 139 I P,R,D,C.T, I Fz+ H I W y N 20 SAN. SEWER ESMT. 44 VOL 1731.ard 347--- I � VOL, 1137, PG. 238 D.R,D.C,T, I (10J & 101) I fiP 0 160, 300' f300' SCALE: 1" = 300' This tract Is sub*t to the Easement executed by F.J. Miller to Texas Power & Light Company filed July 31, 1957, recorded In Volume 431, Page 165, D.R.D.C.T. (Schedule B Item 10h), however, the easement Is not piottable and no evidence of poles or guys was observed at the time of the survey. BASIS OF BEARING: TEMPORARY CONSTRUCTION EASEMENT ��te on �� AD83). 1.1283 ACRES -- Situated in the M.E.P. & P.R.R. Survey, Abstract No. 927 k S TES City of Denton -%ate Denton County, Texas Ad .... ..........TOr, R.P.L.S. �� i•w •* JOB N0. DME13222 SHEET 2 OF 2 TODD B TURNER Sep. 25, 2013 „.. ... ..... ......,.. Sep. 30, 2012 - Field :, 4859 league nail & parkins (Address Schedule B /tems) q� 0 t S 5 t . �s1r alp. rrme. oriwa s.�a. sum T.B.P.L.S. Firm 10011601 UP') tnp "430AIr70 W.103,4M r" yr ..haMA&M