HomeMy WebLinkAbout2014-174ORDINANCE NO. 2014-174
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM KIM
PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING TRUST, FOR
THE PURCHASE BY THE CITY OF AN ELECTRIC UTILITY EASEMENT
ENCUMBERING A 0.8052 ACRE TRACT OF LAND BEING GENERALLY SITUATED IN
THE DANIEL D. CULP SURVEY, ABSTRACT NO. 287, 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 HUNDRED NINETY-SIX THOUSAND, ONE
HUNDRED EIGHTY-SEVEN DOLLARS AND 44/100 ($196,187.44); 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 0.8052 acre electric utility easement on property
owned by Kim Property Revocable Living Trust ("Owner") for the DME Expansion Projects
("Property Interest"); the Property Interest is generally situated in the Daniel D. Culp Survey,
Abstract No. 287, 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 Hundred Ninety -Six
Thousand, One Hundred Eighty -Seven Dollars and 44/100 ($196,187.44).
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 " " day of u_ % °` 4;, , 2014.
�kJo
CHRIS WATTS, MAYOR
2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
In
APP VED AS TO LEGAL FORM:
Al"�II �1 BURGESS, CITY ATTORNEY
By:
Easement Purchase Agreement
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
` /,t 117 , 2014, between Kim Property Revocable Living Trust, a Texas
revocable living trust (the "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Kim Property Revocable Living Trust, a Texas revocable living trust is the
Owner of a tract of land (the "Land") 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 I".
2. As consideration for the granting of the Easement, the City shall pay to Owner at Closing the
sum of ONE HUNDRED NINETY-SIX THOUSAND, ONE HUNDRED EIGHTY-SEVEN and
44/ 100 DOLLARS ($196,187.44) 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 itself, its 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 f,00p 288 Suite 4125, Denton, Texas 76205 ("'Title Conipan "), with said J'itle Company
acting as escrow agent:, on the date which is,0 plays 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:
CITY:
4
Copies to:
For Owner:
ail h
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.
5
By:
GEORGE C. CAMABE LL,
-7-
Date: — IIJLLIl Z 2014
FEN atoM
JE L HE ' 11 WALTERS, CITY SECRETARY
BY
D at C. .2014
APPROVED AS TO LEGAL FORM:
kichard-��
401M���ey
S""4*4brkey-
The Kim Property Revocable Living Trust,
a Texas revocable living trust
Trustee
By: 4kII—k' ;�tee
Date: 2014
' 1 1 ' 1 ', J
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.
)wnelA .-City
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
I0
Printed Name:
Title:
Contract receipt date: , 2014
EXHIBIT "A"
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING A 0.8052 ACRE TRACT OF LAND SITUATED IN THE DANIEL D. CULP SURVEY, ABSTRACT
NUMBER 287, DENTON COUNTY, TEXAS, AND BEING PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN A DEED TO KIM PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING
TRUST, AS RECORDED IN DOCUMENT NUMBER 2008-32710 OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, AND SAID 0.8052 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod with cap stamped "CARTER & BURGESS" found for the Southeast corner
of said Kim tract, and being in the West right-of-way line of North Loop 288 (a variable width right-of-way), and
also being the most Northerly Northeast comer of a 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;
THENCE N 88°33'49" W with the common line of said Kim and Wolski tracts, a distance of 49.27 feet to the
POINT OF BEGINNING, and being the Southeast corner of the herein described tract;
THENCE N 88°33'49" W continuing along 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 57.41 feet, and continuing along
said line for a total distance of 114.81 feet to a point for corner at the Southwest corner hereof;
THENCE N 47°46'42" W departing said common line, and over and across said Kim tract, a distance of 431.37
feet to a point for corner at the Northwest corner hereof and being in the Northwest line of said Kim tract and a
Southeasterly line of a called 6.724 acre tract of land described in a Deed to the State of Texas, as recorded in
Volume 1048, Page 196 of the Deed Records of Denton County, Texas;
THENCE N 42'06'15" E with the common line of said Kim tract and State of Texas tract, passing a 518 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 for a total distance of 42.03 feet to a concrete right-of-way monument found
for an angle point hereof;
THENCE N 87°06'44" E with the Northerly line of said Kim tract and a Southerly line of said State of Texas tract,
a distance of 46.54 feet to a point for the Northeast corner hereof, from which a concrete right-of-way monument
found for the Northeast comer of said Kim tract bears N 87906'44" E a distance of 62.76 feet;
THENCE S 47°46'42" E over and across said Kim tract, a distance of 485.55 feet to the POINT OF BEGINNING,
and containing 0.8052 acres of land, more or less.
°t 'p
Todd. urner, R.P.L-S.
December 12, 2012
REVISED: October 11, 2013
�TODD�e.}TURNER
Sep. 20, 2012 — Field
No. 10011601
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T.B.P.L.S. Firm
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13
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EXHIBIT 111311
N
CONCRETE ROW
MONUMENT
518" IRS PITH CAP CONCRETE ROT
STAMPED "TIVP" MONUMENT 446
L3 L4\ CM % 0
STATE OF TEXAS
CM IRS F7TH CAP
1.11 � \ 6/0
VOL. 1048, PG. 196 - N STAMPED "77VP"
RPRDCT
(CALLED 6.724
ACRE TRACT) ✓
cRETE ROW
MONUMENT
CM
5,18 " CIRF
"CARTER&BURGESS"
KIM PROPERTY REVOCABLE LIVING TRUST
DOC. NO. 2008-32710
R.P.R.D.C.T.
(TRACT 1)
N 8833'49" W 579.96'
EDWARD F. WOLSKI
DOC. NO. 2005-16351
R. P. R. D. C. T.
(CALLED 111.64 ACRE TRACT)
LINE
BEARING
DISTANCE
L1
N
88'33'49" W
49.27'
C2
N
42*06'15" E
42.03'
L3
N
87-067447 —E
—46,54'
N
87'06'4° E
52.75'
NOTES.
1. This Exhibit was prepared with benefit of that certain Tide Commitment, GIF No.
111794, having an effective date of August 18, 2013, provided by Title Resources
Guaranty Company.
5/6" IRS WITH CAP
STAMPED ITIVP"
0 w 100
2. The following Items from Schedule B of said Title Commitment do not affect this tract: I - -----
(1 Oe) Volume 685, Page 443
(101) Volume 1006, Page 613, assigned In CC #95-RD016%4. SCAM
3. Bearings are based on the Texas State Plane Coordinate System, North Central
Zone (NAD83),
To.B. Turner, R.P.L.S,
Dec. 12, 2012
REVISED: Oct. 11, 2013
(Addressed Schedule B Items)
Sep 20, 2012 — Field
T.B.P.L.S. Firm 10011601
0 F
ERA
TODD B. TURNER
......................
4859 -1
20' WIDE R—O—W AGREEMENT FOR
DELHI GAS PIPELINE CORP.
VOL. 685, PG. 443
AND
20' WIDE ESMT. FOR DELHI GAS
PIPELINE CORP.
VOL, 1006, PG. 613
D.R. 0. C. T.
AND
20' ESMT FOR R—O—W ASSIGNED
TO LONE STAR GAS COMPANY
DOC. NO. 95-16944
(106 & 10f)
CONCRETE ROW
% MONUMENT
CM
cfj?F
0
-CARTAW&-f
POINT OF
COMMENCING
N 88*33-�ffp w
9 W
trt"
114.81 - 1 4 .81
T 0
OINT OF
POINT
BEGINNING
LEGEND
A CALCULATED POINT
0 5/8" IRS STAMPED TNP
FENCE POST FOUND
0 IRON ROD FOUND (UNLESS OTHERWISE NOTED
E )1RECORD INFORMAMON
CM CONTROL MONUMENT
ICENTERLINE ELEC. ESMT.
EASEMENT BOUNDARY
ADJACENT PROPERTY LINE
.RIGHT-OF-WAY LINE
1p'.8052 ACRES
Situated in the
Daniel D. Culp
City
Denton
JOB NO. DME13222
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to
Survey, Abstract 287
of Denton
County, Texas
SHEET 2 OF 2
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ATTACHMENT 1
TO
NOTICEOF CONFIDENTIALITY1 .. PERSON, 1
REMOVEMAY OR STRIKE ANY OR ALL 1; THE FOLLOWINGINFORMATION 1
PROPERTYANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL BEFORE
FILEDIS FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
NUMBER 1 YOUR DRIVER'$ LICENSE NUMBER.
THE STATE OF TEXAS §
COUNTYOF DENTON
THAT, KIM PROPERTY REVOCABLE LIVING TRUST, a Texas revocable living trust (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 0.8052 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 itself, its 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.
1)
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.
THE KIM PROPERTY REVOCABLE LIVING TRUST,
a Texas revocable living trust
By: , Trustee
3
State of Texas
County of
This instrument was acknowledged before me on this day of 2014,
by as Trustee of THE KIM PROPERTY REVOCABLE LIVING
TRUST, a Texas revocable living trust on behalf of the said trust and in the capacity therein stated.
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
Notary Public, State of
My Commission Expires:
4
EXHIBIT "A"
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING A 0.8052 ACRE TRACT OF LAND SITUATED IN THE DANIEL D. CULP SURVEY, ABSTRACT
NUMBER 287, DENTON COUNTY, TEXAS, AND BEING PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN A DEED TO KIM PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING
TRUST, AS RECORDED IN DOCUMENT NUMBER 2008-32710 OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, AND SAID 0.8052 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod with cap stamped "CARTER & BURGESS" found for the Southeast corner
of said Kim tract, and being in the West right-of-way line of North Loop 288 (a variable width right-of-way), and
also being the most Northerly Northeast comer of a 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;
THENCE N 88°33'49" W with the common line of said Kim and Wolski tracts, a distance of 49.27 feet to the
POINT OF BEGINNING, and being the Southeast corner of the herein described tract;
THENCE N 88°33'49" W continuing along 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 57.41 feet, and continuing along
said line for a total distance of 114.81 feet to a point for corner at the Southwest corner hereof;
THENCE N 47°46'42" W departing said common line, and over and across said Kim tract, a distance of 431.37
feet to a point for corner at the Northwest corner hereof and being in the Northwest line of said Kim tract and a
Southeasterly line of a called 6.724 acre tract of land described in a Deed to the State of Texas, as recorded in
Volume 1048, Page 196 of the Deed Records of Denton County, Texas;
THENCE N 42°06'15" E with the common line of said Kim tract and State of Texas 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 along said line for a total distance of 42.03 feet to a concrete right-of-way monument found
for an angle point hereof;
THENCE N 87°06'44" E with the Northerly line of said Kim tract and a Southerly line of said State of Texas tract,
a distance of 46.54 feet to a point for the Northeast comer hereof, from which a concrete right-of-way monument
found for the Northeast comer of said Kim tract bears N 87°06'44" E a distance of 52.75 feet;
THENCE S 47°46'42" E over and across said Kim tract, a distance of485.55 feet to the POINT OF BEGINNING,
and containing 0,8052 acres of land, more or less.
TTo- d
d urner, R.P.L.S.
SHEET 1 OF 2
13
14 /
EXHIBIT "B" M,
'0 OWAN
VW
CONCRETE ROW
IJ MONUMENT
5/8- IRS WITH CAP CONCRETE ROW
STAMPED "rNP" MONUMENT
L3 L4\ CM
STATE OF TEXAS CM
VOL. 1048, PG. 196 5/8 IRS WITH CAP
STAMPED "TNP"
R.P.R.D.C.T.
(CALLED 6.724
ACRE TRACT)
/ -'ICONCRETE ROW
MONUMENT
,l5/-8 - CIRF
"CARTER&BURGESS"
KIM PROPERTY REVOCABLE LIVING TRUST
DOC. NO. 2008-32710
R.P.R.D.C.T.
(TRACT 1)
N 8833'49" W - 579.96'
EDWARD F. WOLSKI
DOC. NO. 2005-16351
R.P.R.D.C.T.
(CALLED 111.64 ACRE TRACT)
LINE
BEARING
DISTANCE
Li
N 88'33'-49" W7 . .
. . . ....... 49.27'
L2
N 42*06*15" E
42.03'
L3
N 87*06'44" E
46.54'
L4
N 87*06'44" E
52.75'
NOTES.
1. This Exhibit was prepared with benefit of that certain Title Commitment, GIF No.
111794, having an effective date of August 18, 2013, provided by Title Resources
Guaranty Company.
5/6" IRS WITH CAP
STAMPED "mp 11
0 W 100'
61000,t--
2. The following items from Schedule B of said Tide Commitment do not affect this tract:
(10a) Volume 685, Page 443
(I 0f) Volume 1006, Page 613, assigned In CC #95-R0016944. SCALE: r = 1W
3. Bearings are based on the Texas State Plane Coordinate System, North Central
Zone (NAD83).
Todd B.
Turner, R.P.L.S.
Dec. 12,
2012
REVISED:
Oct. 11, 2013
(Addressed Schedule B Items)
Sep .20,
2012 — Field
T.B.P.L.S.
Firm 10011601
TODD B. TURNER
................
4859
4,
S u V"
20' WDE R-O-W AGREEMENT FOR
DELHI GAS PIPELINE CORP.
VOL. 665, PC. 443
AND
20' wDE Esmr. FOR DELHI GAS
PIPELINE CORP.
VOL. 1006, PG. 613
0. R. D.C. T.
AND
20' ESMT. FOR R-O-W ASSIGNED
TO LONE STAR GAS COMPANY
DOC. NO. 95-16944
(I De & 10f)
CONCRETE ROW
MONUMENT
CM
POINT OF
COMMENCING
N 88-33-49" W
8 9.'W
114.81'
4 .81
OINT OF
POINT
T 0
BEGINNING
S.8052 ACRE1
Situated in the
Daniel D. Culp
City
Denton
JOB NO. DME13222
Survey, Abstract 287
of Denton
County, Texas
SHEET 2 OF 2
teague nail & perkins
1517 Conks Place Odw, Subs 320
Donlon, Twoo 76205
940.3U.4177 ph %0.323.6026fx
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