HomeMy WebLinkAbout2014-173ORDINANCE NO. 2014-173
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM EDWARD F.
WOLSKI FOR THE PURCHASE BY THE CITY OF AN ELECTRIC UTILITY EASEMENT
ENCUMBERING A 6.8289 ACRE TRACT OF LAND BEING GENERALLY SITUATED IN
THE CASWELL CARTER SURVEY, ABSTRACT NO. 275, AND THE DANIEL D. CULP
SURVEY, ABSTRACT NO. 287, BOTH IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS, FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, OPERATION,
MAINTENANCE, AUGMENTATION, AND IMPROVEMENT OF ELECTRIC
TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, STRUCTURES, AND
SUBSTATIONS FOR THE PRICE OF ONE MILLION, SEVEN HUNDRED FIFTY-THREE
THOUSAND, SEVEN HUNDRED TWENTY-ONE DOLLARS AND 58/100 ($1,753,721.58);
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Denton, Texas ("City") has approved plans
for the construction of multiple electric transmission line and substation projects ("DME
Expansion Projects");
WHEREAS, the DME Expansion Projects serve the public interest of the citizens of the
City by continuing to provide reliable electric service through electric utility infrastructure
expansion and improvements;
WHEREAS, numerous real property interests need to be acquired by the City to construct
the DME Expansion Projects;
WHEREAS, the City needs to acquire a 6.8289 acre electric utility easement on property
owned by Edward F. Wolski ("Owner") for the DME Expansion Projects ("Property Interest");
the Property Interest is generally situated in the Caswell Carter Survey, Abstract No. 275, and the
Daniel D. Culp Survey, Abstract No. 287, both in the City of Denton, Denton County, Texas,
and is more fully described in Exhibit A and shown on Exhibit B both of which are exhibits to
the attached Easement Purchase Agreement;
WHEREAS, the Property Interest is to be used for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric transmission
and distribution lines, facilities, structures, and substations;
WHEREAS, the City made both an Initial Offer and Final Offer to the Owner to purchase
the Property Interest;
WHEREAS, the Owner has made a counteroffer to the Final Offer of City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to it; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance
are incorporated by reference.
SECTION 2. The City Council finds that:
a. The DME Expansion Projects serve the public interest of the citizens of
the City by continuing to provide reliable electric service through electric utility
infrastructure expansion and improvements; and
b. The acquisition of the Property Interest is necessary for the public use of
expansion, construction, operation, maintenance, augmentation, and improvement of
electric transmission and distribution lines, facilities, structures, and substations as
required by the DME Expansion Projects.
SECTION 3. The City Manager, or his designee, is authorized to accept the Owner's
counteroffer to sell the Property Interest for the purchase price of One Million, Seven Hundred
Fifty -Three Thousand, Seven Hundred Twenty -One Dollars and 58/100 ($1,753,721.58)).
SECTION 4. The City Manager, or his designee, is authorized to (a) execute (i) the
Easement Purchase Agreement, by and between the City and Owner, in the form attached as
Attachment 1; 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 5. It is the intention of the City Council of the City of Denton, Texas, that if
any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or
otherwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality
or invalidity shall not affect any of the remainder of this ordinance since the same would have
been enacted by the City Council without the incorporation of the unconstitutional or invalid
phrase, sentence, section or paragraph.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 'd' day of 2014.
CHRIS WATTS, MAYOR
2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
L
M,
By:
Easement Purchase Agreement
NOTICE
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP
THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated
", , 2014, between Edward F. Wolski (the "Owner") and the City of
Denton, Texas ("City")
WITNESSETH:
WHEREAS, Edward F. Wolski is the Owner of a tract of land (the "Land") in the Caswell
Carter Survey, Abstract No. 275 and in the Daniel D. Culp Survey, Abstract No. 287, 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 an easement in, along,
over, upon, under and across the tract of land being described in Exhibit "A", and depicted in
Exhibit "B", respectively (the "Easement Lands"), to that certain Electric Utility Easement
attached hereto as Attachment 1 and made part hereof, for electric utility purposes, as more
particularly described therein (the "Easement"); The Easement shall be in the form as attached
hereto and incorporated herein as "Attachment 1 ".
2. As consideration for the granting of the Easement, the City shall pay to Owner at Closing the
sum of ONE MILLION, SEVEN HUNDRED FIFTY-THREE THOUSAND, SEVEN
HUNDRED TWENTY-ONE and 58/100 DOLLARS ($1,753,721.58) as compensation for the
Easement. The monetary compensation prescribed in this Section 2 is herein referred to as the
"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, including without limitation, 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 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 himself, his heirs, devisees, successors and
assigns, City, it's 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.
2
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 isdays 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
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 his sole and exclusive remedy, either (i) terminate this Agreement prior
3
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:
s in, on, over, u
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
4
Copies to:
Fnr nwnP.r-
Telecopy:
For City:
Scott W. Hickey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
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.
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.
s
CITY OF DENTON, TEXAS
xf
BY:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: Ae 2014
ATTEST:
J , i1+"ER WALTERSy `ITY SECRETARY
BY. ���
Date.
t m f --g 2014
APPROVED AS TO LEGAL FORM:
6
Owner:
Edward F. Wolski
Date: � 2014
Easement Purchase Agreement
This Addendum to Easement Purchase Agreement is made herein as an amendment to certain
terms of the Easement Purchase Agreement set forth above.
NOW, THEREFORE, Owner and City hereby agree as follows:
A. Randall Smith shall be paid a 6% commission on the sale of the Easement Lands described
herein, payable by Owner from Owner's proceeds.
B. Owner and City further agree that the Easement Lands are being GRANTED, SOLD and
CONVEYED in lieu of the condemnation process threatened, pending, or authorized by law,
by City.
�' Owner ram` Lpity
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) 3 81-1006
Telecopy: (940) 898-0121
Printed Name:
Title:
Contract receipt date: , 2014
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING A 6.8289 ACRE TRACT OF LAND SITUATED IN THE CASWELL CARTER SURVEY, ABSTRACT 275 AND THE
DANIEL D. CULP SURVEY, ABSTRACT NUMBER 287, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT
CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO EDWARD F. WOLSKI, AS RECORDED IN DOCUMENT NUMBER
2005-16351 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 6.8289 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a concrete right-of-way monument found in the west right-of-way line of North Loop 288 and being the
northwest corner of that certain tract of land described in a deed to the State of Texas as recorded in Volume 1067, Page 199
of the Deed Records of Denton County, Texas, and being the southeast corner of said Wolski tract;
THENCE South 89007'07" West, with the common line between said Wolski tract and a tract of land described in a deed to the
Henry P. Lo Trust, as recorded in Document Number 2011-89306 of the Real Property Records of Denton County, Texas, a
distance of 20.04 feet to a point for corner at the POINT OF BEGINNING, and for the southeast corner hereof;
THENCE South 89°07'07" West, continuing along the common line between said Wolski tract and said Henry P. Lo Trust tract,
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 a total distance of 75,00 feet to a point for the southwest corner hereof, from which a 112 inch iron
rod found for the most southerly southwest corner of said Wolski tract bears South 89°07'07"West a distance of 803.90 feet;
THENCE leaving the common line between said Wolski tract and said Henry P, Lo Trust tract, and over and across said Wolski
tract the following 4 courses and distances:
North 00004'23" West, a distance of 1,945.56 feet to a point for corner;
North 21 °50'39" West, a distance of 888.55 feet to a point for corner;
North 34045'08" West, a distance of 891,48 feet to a point for corner;
North 47°46'41" West, a distance of 253.17 feet to a point lying in the north line of said Wolski tract and the south line
of a called 3.070 acre tract of land described as Tract 1 in a deed to the Kim Property Revocable Living Trust, as
recorded in Document Number 2008-32710 of said Real Property Records, for the northwest corner hereof;
THENCE South 88°33'49" East with the common line between said Wolski and Kim tracts, 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 57,41 feet, and continuing along
said line a total distance of 114.81 feet to a point for the northeast corner hereof, from which a 5/8 inch iron rod with cap
stamped "CARTER & BURGESS" for the northeast corner of said Wolski tract bears South 88°33'49" East, a distance of 49.27
feet;
THENCE leaving the common line between said Wolski and Kim tracts, and over and across said Wolski tract the following 4
courses and distances:
South 47°46'41" East, a distance of 174,80 feet to an angle point for corner;
South 34°45'08" East, a distance of 908,52 feet to an angle point for corner;
South 21 o50'39" East, a distance of 911.45 feet to an angle point for corner;
South 00°04'23" East, a distance of 1,958,92 feet to the POINT OF BEGINNING, and containing 6.8289 acres of
land, more or less.
Todd B. Turner, R.P.L.S.
Dec. 12, 2012
Sep. 21, 2012 — Field
Revised: Sep. 30, 2013
(Address Schedule S items)
T.B.P.L.S.Firm 10011601
,r �5TV �1
4 kliPt. Ri MM 99.V4Y F+ ......V4µM%'i
TODD R. TURNER
'r 4859
�.3UR
SHEET 1 OF 3
MATCH LINE
SEE SHEET 3 OF 3
516 " IRS' WITH CAP
STAMPED " TNP
tnp
EDWARD F. WOLSKI
DM NO, 2005-16351
R.P.R.D.C.T,
0 150, 300' 600,
5111111313MI
20' WIDE R-O-WAGREEMENT
FOR DELHI GAS PIPELINE CORP.
VOL, 685, PG, 443
AND
20' ESMT. FOR R-O-W
RETAINED AND RESERVED FOR W.
RAY WALLACE, HIS HEIRS,
SUCCESSORS AND ASSIGNS
VOL. 922, PG. 718
AND
17 1 20WIDE ESMT FOR DELHI GAS
PIPELINE CORP.
(P VOL. 1006, PG. 613
14] 01 R, 0. C. T
(100, lop & 10q)
13
APPROX. LOCATION OF
10' WIDE UTILITY ESMT.
(TRACT /1)
-- VOL. 531, PG. 105
D. R. D. C. T
10 a
N I 4WreOD ESWIEC
9 va. 11,
1/? LRF
W-8019G"'
PASS' 516" IRS
WITH CAP
ST"PED "TIVP.
AT 37.60'
BASIS OF BEARING:
Bearing® are based on the Texas State Plane
Coordinate System, North Central Zone (NAD83).
Tt"dd B. Turner, R.P.L.S.
Dec. 12, 2012
Sep, 21, 2012 - Field
Revised: Sep. 30, 2013
(Address Schedule B Items)
T.B.P.L.S. Firm 10011601
KU
Lffi�END
&
CALCULATED POINT
0
5/8' IRS STAMPED TNP
0
FENCE POST FOUND
0
IRON ROD FOUND (UNLESS OTHERWISE NOTED)
RECORD INFORMATION
CM
ICONTROL, MONUMENT
CENTIFIRLINK ELEC, ESMT
it
ESMT. BOUNDARY
ADJACENT PROPERTY LINE
o
II Co
LINE BEARING ---DISTANCE
Cm C.TRF
Ll S 89'07'07" W 20,04'
"CARTER&BURGESS"
L2 S 89*07'07" W 7-5.00'
5% 0
C"
"n
W Ili
THIS EXHIBIT WAS PREPARED WTH THE i OF TILE RESOURCES
171
GUARANTY COMPANY COMMITM0,1T FOR 1111X INSURANCE. Gr NO, 511759,
EI'FECTIVE DATEt DULY 16, 2013
i
114E FOLLOWNG SCHEOUX $ ITEMS 00 AHrECT MS TRACT, AS SHOW
31l
Cn
10f, TDn' '00' 10p and 10q,
THE rOLLOWNG ITEMS 00 NOT AFFECT THI5 TRACT;
I "It CCISOMOrIt OXCICUtOd by Denton Onve(optrim9t Co. to Denton countyEl. t1- Cooperatlyo. kio, Mod July 8, 1965, recorded In Wum6 4N, hogs
CM
10h. Easement executed bi H,G, Brown to Denton CountElectric Cooperative,
Inc. filed September 25, 1 53, recorded In Volume 402, age 107, D,R,D.C,T,
CONCRETE R-O-W
MONUMENT
101, Easement executed by H.G, Brown to Texas Power & Light Co. filed June
22, 1956, recorded In Volume 422, Page 416, D.R.D.C.T,
I Oj, Easement executed by A.0, Calhoun to Texas Power & Light Co. I'lled
June 20, 1947, recorded In Volume 336, Pogo 14$, D.R.D.C.T,
I Ok. Easement executed by A.O. Calhoun to Texas Power & Light Co. filed
June 20, 1947, recorded In Volume 336, Page 147, D.R.D.C,T.
101. Easement executed by A.D. Calhoun to Texas Power & Light Co. flied
June 15, 1948, recorded In Volume 342, Page 5, D.R.D.C.T,
75,00'
10m. Easement executed by H.G. Brown et al to Texas Power & Light Co.
37,50'
filed June 28, 1956, recorded In Volume 422, Page 557, D.R.C.C.T,
10r. Easement executed by EDS Engineering Corp, to Texas Municipal Power
POINT OF
Agency flied July 22, 1982, recorded In Volume 1154, Page 743, D.R.D.C.'r,
109. Easement executed by ED$ Engineering Corp. to Texas Municipal Power
COMMENCING Agency filed September 26. 19B3, recorded in Volume 1261, Page 50,
D.R.D. T.
CONCRETE R-O-W
10t. Easement executed by Electronic Data Systems Corporation to the City
MONUMENT
of Denton, Texas flied November 14, 1991, recorded In Val. 3100, Pq, 528,
D.R.D.C.T.
POh1T OF STATE OF TEXAS
BEGINNING VOL, 1067. PG, 19
-D."
. T
6.8289 ACRES
Situated in the
Caswell Carter Survey, Abstract 275
and the
Daniel D. Culp
City
Denton
JOB N. DME13222
Survey, Abstract 287
of Denton
County, Texas
SHEET 2 OF 3
to nail & porkins
1917 Contse Place Drive, flutto 320
Denton, Texas 76205
940.313.4177 ph 940,383.8026 fx
np WWWAnpine.corn
K'U PP�OPERTY REVOCABLE LIVING TRUI,�,T
DM NO. 2008-32710
R.P.R.D.C.T. EXHIBIT ""
B
(TRACT 1)
r L5
i- -t - I
Z - 516 " CIRF
L6 "CARTER&BURGESS"
PASS 5lig" IRS WITH
CAP ST4jVPED "TXP"
AT 57,41'
CIO
<o
518" IRS WITH CAP
LEGEND -7
A
0
CALCULATED POINT
15/8- IRS STAMPED TNP
(1)
FENCE POST FOUND
0
I
IRON ROD FOUND (UNLESS OTHERWISE NOTFD�
RECORD INFORMATION
CM
CONTROL MONUMENT
CENTERLINE ELEC, ESMT..
IESMT. BOUNDARY
JTDJACENf'�PRO �Eki� LINE
STAMPED "TNP"
6/8" CIRF
CARTER&BURGESS" LINE BEARING DISTANCE
S 34'45'08" E L3 N 47'46'41 " W 253,17'
II y 9D5,52' L 4 S 88'33'49" E 114.81'
L5 S 88'33'49' E 49.27'
46�--1 74.80'
10' WIDE ELEC ESHT. LIS S 47 41" 1
VOL, 928, PG. 183 11
0
00f) 20' WIDE R-O-W AGREEMENT FOR
DELHI GAS PIPELINE CORP.
VOL. 685, PG, 443
AND
CONCRETE 20' ESM 7. FOR R - 0- W RETAINED
II 177R-O-W
AND RESERVED FOR W. RAY
EDWARD F. WOLSKI 0�% MONUMENT WALLACE, HIS HEIRS, SUCCESSORS
DOC, NO. 2005-16351 U AND ASSIGNS
R.P.R,D.C.T. W VOL, 92Z PG, 718
AND
516- IRS WlTff CAP 20' WIDE ESHT FOR DELHI GAS ell
STAMPED "TNP" PIPELINE CORP. t oft
VOL. 1006, PG, 613
D. R. 0, C. T.
(100, lop & 10q)
J) ,
u
a 00 0 150, 300, 600,
-01
ON SCALE: 1 300'
MATCH LINE ®figuavav
star HIM)
SEE SHEET 2 OF 3
NOTES:
THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, OF NO, 111759, EFFECTIVE DATE: JULY 10, 2013
THE FOLLOMNG SCHEDULE 8 ITEMS DO AFFECT THIS TRACT, AS SHOWN:
I Of, Ion, 10o, lop and 10q.
THE rOLLOMNQ IME IS 00 NOT AFFECT 114iS TRACT;
I Og. Eqaornont "mitod by Dontvi DovQIW, nord Cu. to Denton County Elmtrk, CQvporailve, Inc. f1jod welly g 8" 13. racor'.Cd in VQIUJ'e A04, Par 400, DA.D.C.T.
1011, E400mont oxo0etod say H'C� Drown to Donton Ce,unty ElootrIc Coopo,afl-, inc. filed Soptambor 25, 63, r000rdad rn Vo(u-o 402, Pogo 107, D.R.D.C,T.
101. Cmrnen , aheoutod by 1-1,0, Brown to Towoo Power & LI t Co. flied June 22, 1050, reoorded in Valvrno 4,22. Poo 4M D-RD4-T,
10 1 Tomb Power rlqht Co. flueo htrje 20, 1947, rot6rdwd In Volume P"o 14(3, Q.R.D.CJ.
Easoniont oyo6utod by A.D.. Calhoun W
Eo3qsmont oweoukool by A.O Calhoun to Toms Power uC Lfght Ct Mod Jkino 20, 1B47. r000rdad h,, VaIume ).)6, Page 147, DRD.C,L
rn 101. Eoovnt omovLod ay A.V. Colhour, to Taxers Power & L139t Ca. Plied June 15194a, rozordtal In Volume 342, 5, D-R.D,C�t
lom. r. 066mon
t oxecutod by N.G. Brown or al to t6xoe� Powor & Ught Co, Moo Jui%e 26, 1950, rocordod In Volum12 , e "T Page 557, D,A.D,C,T.
for. Eelloffloot axooutod by ED$ Em9lksearIng Oorp, to Toxoa klanlo4paJ Powor Apncy Iflod duly 22, 19821, rscordod h Volume 1154, Pogo '143, D.R.D.C.17,
i0s. k4d9oft"ont ox"vtoc� by EDS Ejiq1no*rInq Carp- to T6xom Munk1pul Po.eT Agency Mad Soptombor 26, 19B3, recorded In Volumo 126% Poig 50, D.R.D,C.T.
lot, Eo4.mont tv"ut4d by 111o0rendc Data SytLamA Corporallon to tho City o Dentin, Texas fliod Novarnbor 1A, 1901, recorded In Vol. 310 , Pg. 528, D,R,D,C.T.
[BASIS OF BEARING: 6.8289 ACRES
Bearings are based on the Texas State Plan®
Coordinate System, North Central Zone (NAD83). Situated in the
Caswell Carter Survey, Abstract 275
and the
0 F Daniel D. Culp Survey, Abstract 287
;STEM
. - �'� � /<�'
STE City of Denton
Denton County, Texas
'N
Todd B. Turner, R.P.L.S.
Dec. 12,2012 TOD . D B . , 1. TURNER NER LJOB NO, DME13222 SHEET 3 OF 3
Sep. 21, 2012 - Field 4859 teague nail & perkins
Revised: Sep. 30, 2013 N,
1517 Contra Place Drive, Ill 320
Darren Texas 76205
Ur'\j tnp 940.383.4177'ph 940.383.8026 fx
(Address Schedule B items)
T.B.P.L,S. Flrrn 10011601 WWWAnrilmosm
ATTACHMENT 1
TO
EASEMENT PURCHASE AGREEMENT
19111nalwel 0903913113 1
1 1. W.19rKINVIAN 1 1 1 1 11 1 1
1I 1.
FILEDIS FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY
NUMBER 1' YOUR DRIVER'SNUMBER.
ELECTRIC UTILITY EASEMENT
1 STATE OF TEXAS
COUNTY19,
OF DENTON
f 1`FEW I E
THAT, EDWARD F. WOLSKI (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 (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 6.8289 acres and being more particularly described in Exhibit "A" and
illustrated in Exhibit `B" 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.
GRANTOR, for himself, his heirs, devisees, 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.
2
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
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 their heirs, devisees, 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,_,,_._, 2014.
EDWARD F. WOLSKI
3
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on the , of
by EDWARD F. WOLSKI.
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2°d Floor
Denton, Texas 76209
Attn: Paul Williamson
4
Notary Public, State of Texas
My commission expires:
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING A 6.8289 ACRE TRACT OF LAND SITUATED IN THE CASWELL CARTER SURVEY, ABSTRACT 275 AND THE
DANIEL D. CULP SURVEY, ABSTRACT NUMBER 287, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT
CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO EDWARD F. WOLSKI, AS RECORDED IN DOCUMENT NUMBER
2005-16351 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 6,8289 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a concrete right-of-way monument found in the west right-of-way line of North Loop 288 and being the
northwest corner of that certain tract of land described in a deed to the State of Texas as recorded in Volume 1067, Page 199
of the Deed Records of Denton County, Texas, and being the southeast corner of said Wolski tract;
THENCE South 89°07'07" West, with the common line between said Wolski tract and a tract of land described in a deed to the
Henry P. Lo Trust, as recorded in Document Number 2011-89306 of the Real Property Records of Denton County, Texas, a
distance of 20.04 feet to a point for corner at the POINT OF BEGINNING, and for the southeast corner hereof;
THENCE South 89°07'07" West, continuing along the common line between said Wolski tract and said Henry P. Lo Trust tract,
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 37,60 feet, and continuing a total distance of 75.00 feet to a point for the southwest corner hereof, from which a 1/2 inch iron
rod found for the most southerly southwest corner of said Wolski tract bears South 89°07'07"West a distance of 803.90 feet;
THENCE leaving the common line between said Wolski tract and said Henry P, Lo Trust tract, and over and across said Wolski
tract the following 4 courses and distances:
North 0000423" West, a distance of 1,945.56 feet to a point for corner;
North 21 °50'39" West, a distance of 888.55 feet to a point for corner;
North 34045'08" West, a distance of 891,48 feet to a point for corner;
North 47046'41" West, a distance of 263.17 feet to a point lying in the north line of said Wolski tract and the south line
of a called 3.070 acre tract of land described as Tract 1 in a deed to the Kim Property Revocable Living Trust, as
recorded in Document Number 2008-32710 of said Real Property Records, for the northwest corner hereof;
THENCE South 88°33'49" East with the common line between said Wolski and Kim tracts, 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 57.41 feet, and continuing along
said line a total distance of 114.81 feet to a point for the northeast corner hereof, from which a 5/8 inch iron rod with cap
stamped "CARTER & BURGESS" for the northeast corner of said Wolski tract bears South 88°33'49" East, a distance of 49.27
feet;
THENCE leaving the common line between said Wolski and Kim tracts, and over and across said Wolski tract the following 4
courses and distances:
South 47°46'41" East, a distance of 174.80 feet to an angle point for corner;
South 34045'08" East, a distance of 908.52 feet to an angle point for corner;
South 21 °50'39" East, a distance of 911.45 feet to an angle point for corner;
South OW04'23" East, a distance of 1,958,92 feet to the POINT OF BEGINNING, and containing 6.8289 acres of
land, more or less.
Todd B. Turner, R.P.L.S.
Dec. 12, 2012
Sep. 21, 2012 — Field
Revised: Sep. 30, 2013
(Address Schedule B items)
T.B.P.L.S. Firm 10011601
TODD & TURNER
r .. 4859.
SUO
SHEET 1 OF 3
MATCH LINE
iEE SHEET 3 OF 3
516 " In WITH CAP
STAMPED 'TNP"
tnp
EDWARD F. WOLSKI
DOC. NO. 2005-16351
R. P. R. D. C. T,
20' WIDE R-O-W AGREEMENT
FOR DELHI GAS PIPELINE CORP.
VOL. 685, PG. 44J
AND
20' ESMT FOR R-O-W
RETAINED AND RESERVED FOR W.
RAY I'VALLACE, HIS HEIRS,
SUCCESSORS AND ASSIGNS
VOL. 922, PG, 718
AND
20' WIDE- ESMT. FOR DELHI GAS
PIPELINE CORP.
VOL, 1006, PG. 613
0, R.O. C, T.
(10o, 10p & 10q)
j
1P I APPROX. LOCATION OF
------ 4 fO' WIDE UTILITY ESMT,
(TRA C T //)
VOL, 5,11, PG. 105
0. R. 0. C. T.
-f yy (I On)
CM
'12" IRF
9'07107- W-1523,90°
HENRY P, LO TRUST
DOC. NO. 2011-89306
R. P. R. D. C. T.
9
I
PA ss 510 " IRS -� L I
WITH CAP
STAMPED "TNP"
AT 37,50'
Bearings are based on the Texas State Plane
Coordinate System, North Central Zone (NAD83).
fddd B. Turner, R.P.L.S.
Dec.12,2012
Sep. 21, 2012 - Field
Revised: Sep. 30, 2013
(Address Schedule B Items)
T.B.P.L.S. Firm 10011601
to 0
11
Co
0 Co
"W Co
CM1, 1, 5/ig I
I - ,
" 'IS, "CARTER&EURGESS"
LEGEND
lJ CALCULATED POINT
0 5/8" IRS STAMPED TNP
0 FENCE POST FOUND
0 IRUq ROD FOUND (UNLESS OTHERWISE NOTED�
31RECORD INFORMATION
CM CONTROL IT
CENTERLINE ELEO, ESMT
ESMT. BOUNDARY
ADJACENT PROPERTY LINE
LINE BEARINGDISTANCE
Ll S 89-07'07" W 20.04'
L2 S 89'07'07" W 75.00'
I \-G-01I R-O--W V,
I MONUMENT
! CM I
CONCRETE P
Pv MONUMENT
THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES
in II II GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, GF NO, 111759.
dI EFFECTIVE DATE: JULY 16, 2013
TIIE FOLLOWING SCHEDULE 8 ITEMS DO AFFECT THIS TRACT, AS SHOWN:
Ln 10f, 10n, 10o, iOp and 10q.
90�i l THE FOLLOWING ITEMS DO NOT AFFECT THIS TRACT:
(0 l
10, Easement executed by Denton Development Co. to Denton County
Electric Cooperative, Inc, flied July 8, 1955, recorded In Volume 404, age
400, DRD,C.T.
10h, Easement executed by H,G. Brown to Denton County actrile Cooperative,
Inc. flied September 25, 1953, recorded In Volume 402, 107, D.R,D.C.T,
Cm
CONCRETE R-O-W
age
MONUMENT
101. Easement executed by H.G. Brown to Texas Power & Light Co. filed June
2Z 1936, recorded In Volume 422, Page 416, DA.D.C.T,
I Oj. Easement executed by A.0, Calhoun to Texas Power & Light Co. flied
June 20, 1947, recorded In Volume 336, Pogo 146, D.R.D.C.T.
I Ok. Easement executed by A.O. Calhoun to Texas Power & Light Co. flied
June 20, 1947, recorded In Volume 336, Page 147, D.R.D.C,T.
101. Easement executed by A,O. Calhoun to Texas Power & Light Co. flied
June 15, 1948, recorded In Volume 342, Page 5, D.R.D.CT,
75.00
1 Orn. Easement executed by H.G. Brown at al to Texas Power & Light Cc,
37.50'
flied June 28, 1956, recorded In Volume 422, Page 857, D.R.D.C.T.
10r. Easement executed by EDS Engineering Corp, to Texas Municipal Power
POINT OF
Agency Filed July 22, 1982, recorded In Volume 1154, Page 743, D.R,D,C,T,
109. Easement executed by EDS Engineering Corp. to ToXG8 Municipal PQW8r
Agency filed September 26, 1983, recorded In Volume 1261, Page 50,
,,,''rCOIVIMENCING
CM
D.R.D.C.T,
CONCRETE J?-O-W
10t. Easement executed by Electronic Data Systems Corporation to the City
MONUMENT
of Denton, Texas flied November 14, 1991, recorded In Vol. 3100, Pg. 528,
D.RI
Of
%STE
...........
4,859
POINT OF STATE OF TEXAS
BEGINNING VOL. 1067. PG. 199
D. R. D. 0. T.
6.8289 ACRES
Situated in the
Caswell Carter Survey, Abstract 275
and the
Daniel D. Culp
City
Denton
JOB NO. DME13222
Survey, Abstract 287
of Denton
County, Texas
SHEET 2 OF 3
teague nall & perkins
1117 Con" lines DI lot. 120
Denton, Texas 76205
940.3814177 ph 940,363,8026 lix
www.tnpine.com
KIM PROPERTY REVOCABLE LIVING TRUST
DOC. R . 2008T32710 EXHIBIT "BE`
(TRACT 1) LS
r
5/e CIRF
PASS s/v" IRS - LIS °= _.. _. CARTER&B� LPr R&i/RCE,S5"°
WITH /
CAP STAMPED 'TAIJz:'.....t
AT 57,41 ° Cr
.t `.• II °1��1 �? �1t �
5/e" IRS WITH CAP
w-
LEGEND
,
,CALCULATED POINT
0
5/6" IRS STAMPED TNP
O
FENCE POST FOUND
IRON(UNLESS OTHERWISE NOTED
[0
)IRECCM'CONTROL
MATIB
ORD INFORND MATION
MONUMENT
NTERLINE ELEC. ESMT.
MT. BOUNDARY
1ESJACENT
PROPERTY LINE
STAMPED "TNP" - y ✓ '"'`i , t
I s 6/8" CIRF
CARTER&BURGESS"
' LINE BEARING DISTANCE
S 34'45'06" E L3 ` -N 47'46 41" W 253.17`
I I ---
g 8•52' L4 S 88'33 49 ` E 114.81'
Z L5 S 58'33 49" 49.27`
to' wrD - ELEC ESHT. ii L6 S 47'46`41" E 174.80'
VOL. 928, PG. 183 LI k,
D.R. D. C. T.
t ' 20' WIDE R-a-w AGREEMENT FOR
(tor)
DELHI GAS PIPELINE CORP.
VOL. 685, PG. 44.3
i
CONCRETE 20' ESM r, FORAND
a- w RETAINED
II < R-O®W AND RESERVED FOR w, RAY
II tj \ 3 MONUMENT
EDWARD F. WOLSKI o WALLACE, HIS HEIRS, SUCCESSORS
DOC, NO, 2005-16351 u w,1 AND ASSIGNS
R.P.R,D.C.T.* VOL. 922, PG, 716
y AND
516- IRs WrTH CAP ® \� 20° WIDE ESMT, FOR oECHr GAS
STAMPED "TAP"r `, PIPELINE CORP.
v \W -7 +� VOL, 1006, PG, 61 J tnp
0.R.D,C. T
r •V, (10o, 10p de 104)
0 150' 300° 600'
y% i 1CIO-
AP.PR®, SURVEY LINE _ o, SCALE; 1" = 300`
MATCH SIN
OR
NOTES: SEE SHEET 2 OF
THIS EXHIBIT WAS PREPARED WITH THE BENEFIT OF TITLE RESOURCES GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE, OF NO, 111759, EFFECTIVE DATE: JULY 16, 2013
THE FOLLOWING SCHEDULE B ITEMS DO AFFECT THIS TRACT, AS SHOWN:
10f, 10n, 100, lOp and 10q.
THE FOLLOWING ITEMS DO NOT AFFECT THIS TRACT:
IOg, Easement exeeuto� by Dontun 0rvet0 mont Cr to Denton County Elecicic Coo We. Inr„ sired Judy 5, 1955, ro,rardeu in V lumo 404, Paggo 400, D.R,D.C,T,
IOh. Easement oxeautod Ly H.u, Brawr4 to Domm,, C.,umy Eloctrd.o Goeparotiva, Inc. Masi 51ptomb er 25, 1051 recorded In Volume 402, Pogo 107, DA D.C.T.
101. Easement ex.,,utod by FLG. Brown to Texas Power & Light Co filed Jun. 2210%, recorded In Volume 422 Pao 416 D R U,C,T.
iD1. Easement exe�;utea by A U. Calnoun to t'pxce 8�ower , t1gh4 4u, nay! ,lone 20, 9847. reaerdsJ [n Volume 33fi,oge 146, G,1't.D.d:T;.
i0. Easement oxeeutoru by A,O, Colnsoun to Tomde Pswor $ I.ft[77ht CO,lsled •r`une 20, 1947, recorded In Volume 330, Page 147, DR1),C.,T.
101. Easement oxerr:Iated ay A.O. Calhoun to rexao Power � L1gh Ca. Noel ,nine 15, 1948, racordesl In Voturrre 342. Page. 5, D R D.c,'r
10m. Easement executed by H.G.Drown at al to Tsxae Power & Ligrrt Or, dilod June 28 IQ55 Faccrded In Volurne 422, Page 587„
10r. Easement oxocutod by EDS ErirJloosi-Infj Corp, to Texas Municipal Povpr Agency fdla.d ,duly 22, 19112, recorded In Volume lt94, Pogo 743, D.RO G.T.
106. Easement ouaculeo by ED5 Ergtnearing Corp. to Texan Munlcipal Power AQenvy filed Soptember 2E 198Z,. recorded In Volume 1261, Page 50 D.R,D4.T,
IDt, Easement exeruled by Elactronlc Dole Syateme Carv,:rre4lon to the City 0 Denton, Texas Fled Novornbor 14, ;t0% recorded In Vol, 3100, Pg, 528 D.1t D Q.T.
BASIS OF BEARING:
®8289 ACRES
Bearings are based on the Texas State Plane
coordinate system, North Central Zone (NAD83). Situated in the
Caswell Carter Survey, Abstract 275
and the
G F Daniel D. Culp Survey, Abstract 287
13 re' City of Denton
Denton County, Texas
Todd S, Turner, R,P.L.S. .. JOB NO. DME13222 SHEET 3 OF 3
Dec. 12, 2012 TODD ® TURNER
Sep. 21, 2012 - Field 4859 _ teaque nil & perkins
Revised: Sep. 30, 2013 1617 ame rl.a. oFtr., Box. ass
(Address Schedule B items) s u"r,\J I fnp 946.9B3.nt.n, h 9ras
u .4f T7 ph 44.3®a, 8016 Fx
T. .P.L, . Firm 10011601 ` - www,lnpinc.om