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Home My WebLink About2014-247AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE (HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "C", BY AND BETWEEN JOHN POWELL WALKER AND WILLIAM A. MARTIN (THE "OWNER") AND THE CITY OF DENTON (THE "CITY"), REGARDING THE SALE BY OWNER AND PURCHASE BY THE CITY OF A FEE INTEREST IN LAND CONSISTING OF 10.372 ACRES BEING SITUATED IN THE M. FORREST SURVEY, ABSTRACT NO. 417, CITY OF DENTON, DENTON COUNTY, TEXAS, LOCATED GENERALLY NORTH OF BLAGG ROAD AND EAST OF GEESLING ROAD AND BEING MORE PARTICULARLY DESCRIBED AND DEPICTED ON EXHIBITS "A" " AND 6 B", RESPECTIVELY, ATTACHED HERETO AND MADE A PART HEREOF, FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE, OPERATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES, AS WELL AS SUBSTATIONS (THE "PROJECT"), FOR THE PURCHASE PRICE OF SIX HUNDRED THOUSAND AND NO/100 US DOLLARS ($600,000.00), AS PRESCRIBED IN THE CONTRACT OF SALE; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AND DELIVER ANY AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTION CONTEMPLATED BY THE CONTRACT OF SALE; AUTHORIZING THE EXPENDITURE OF FUNDS, THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for and on behalf of the City (i) the Contract of Sale, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "C" with a purchase price of SIX HUNDRED THOUSAND AND NO/100 US DOLLARS ($600,000.00), as prescribed in the Contract of Sale, and (ii) any other documents necessary for closing the transaction contemplated by the Contract of Sale, including documents to close the transaction with the Owner's: (1) successors in interest; or (2) any other owners of other property interests in the Property; and (b) to make expenditures in accordance with the terms of the Contract of Sale. SECTION 2. 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 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the` ' of C 2014. CH I A rrs, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY R-1 • FA'j k By: 0 1! •!- �IIIIAII.I11■ R !' ! FOUND. � IRON ROD FOUND IRON ROD FOUND CORNERCAPPED FENCE l ! ! i RECORDSREAL PROPERTY lELECTRIC -- - - TOWER EDGE OF ASPHALT STATE OF TEXAS COUNTY OF DENTON LEGAL DESCRIPTION — 10.372 ACRES ALL OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 97.277 ACRE TRACT CONVEYED TO JOHN POWELL WALKER, ET AL AS RECORDED IN DOCUMENT NUMBER 93-0034125 OF THE REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING of a 1/2 inch Iron pipe found In the east line of Geesling Road at a westerly exterior corner of the said Walker tract, some being the southwest corner of a called 1.043 acre tract of land as described in a deed to Lynell Cawood, as recorded in Document Number 95-0034882 of the said Real Property Records for the northwest corner of the herein described tract, from which a 1/2 Inch capped iron rod found for the Northwest corner of said 1.043 acre tract bears North 02'41'52" East, [N 03'10'00" El a distance of 135.91 feet (135.65 feet]; THENCE South 87°53'22" East, [S 89'54'18" E] with the common line of said Walker tract and sold Cawood tract, passing a 3/8 Inch Iron rod found at the southeast corner of sold Cawood tract at a distance of 336.47 feet (337.00 feet), and continuing for a total distance of 715.70 feet to a 5/8 Inch capped Iron rod set and stamped "TNP" for the northeast corner hereof; THENCE South 01°56'26" West, a distance of 652.34 feet, to a 5/8 Inch capped Iron rod set and stamped "TNP", for the southeast corner hereof, some being the northeast corner of a called 3.02 ocre tract of land as described in a deed to Texas Municipal Power Agency as recorded In Volume 1149, Page 494 of the Deed Records of Denton County, Texas, from which a 1/2 Iron rod found for the most easterly southeast corner of sold 3.02 acre tract bears South 48'05'31" West, [S 46'13'51" W], a distance of 45.07 feet [45.10 feet]; THENCE North 88'07'46" West, [N 8959'49" W] with the common line of sold Walker tract and said 3.02 acre tract a distance of 549.48 feet [549.5 feet], to a 5/8 inch capped iron rod set and stamped "TNP", at an angle point of said Walker tract; 71RI RESOURCES GUARANTY COMPANY GIF NO. 11451387 THENCE North 38°36'05" West, [N 40'27'41" W] continuing with sold common line, a distance EFFECTIVE DATE MAY 18, 2014 COMMITMENT DATE: DUNE 02, 2014 of 255.79 feet 255.0 feet), to a 5 8 Inch copped Iron rod set and stamped "TNP", some C ] / PP being the northwest corner of said 3.02 acre tract, and the westerly southwest corner of said THIS TRACT 18 SUBJECT TO THE FOLLOMNG BLANKET EASEMENTS: Walker tract and lying in the east line of Geesling Road; 1 . Eoaominf ESStt oxcouled b CE, ING and wlf% MYRTLE G ar at to LONEP- CAR GAS COMPANY riled May 9, 1957, THENCE North 01'56'46" East, [N 00°00'11" W] along the common line of said Walker tract recorded In Volume 42a, Poge 269, Dead Renard@ of Denton and the east line of said Geeslin Road, a distance of 460.75 feet 459.04 feet to the and1 Canint County Taxoa;laser:`"' and width undo". OF BEGINNING and containing 10.372 acres of land more or less. THE FOLLONNG SCHEDULE B ITEMS DO NOT AFFECT THIS TRACT: 10h. Easement executed byy MRS. J.T. BOTTORFF at d to LONE This description Is based on the Land Title Survey and Plot made by Todd B. Turner, R.P.L.S. STAR GAS COMPANY glad Ma 27, 1916, recorded In Volume 14s. No. 4859 on June 04, 2014. Page 41Z D Records of Denton County, Texas. SURVEY NOTES: t% by' to LONE STAR GAS 10t.CO EosemMo June , cordGEEa1JNG COMPANY IYsd June 6, 1923, In Volume 187, Page 1.) Bearings of lines shown hereon refer to and North of the Texas Coordinate System of 1983 (North Central Zone; 626, Dead Records of Denton County, Tvwo, 63(COR ) Epoch 2002.00) as derived locally from Western Data Systems Continuously Operating Reference Stations (CONS) via Real Time Kinematic (RTK) methods. An average Combination Factor of 0.99085338e was used to 10jl Easement executed by SIM GEESUNG to TEXAS PO & Ut�iT COMPANY filed December 1, 1924, recorded In Volume scale surface distances to grid. All distances shown hereon represent grid values. 196. Page 75, Deed Records of Denton County, Texas. 2.) The utilities shown on this survey are based upon the available information and "field locates' of visible above ground markings provided by TNP SUE DEPT. TNP relied solely on the cooperation of the various utility 10k. Easement wwouted by CHARLES HOFFMAN to TEXAS POWER companies and any information they made available. Underground facilities have not been field verified. There may & LIGHT COMPANY Mod December 23, 1924recorded In Volume be additional utilities that TNP has not been advised of. 100, Page 50. Deed Records of Denton County, Texas 9.) Bee sheet 2 of 2 for survey plat. 101, Easement executed byy EE. NO to LONE STAR OAS COMPANY rood ,tune 12, 1i120. recorded In Volume 203, Page 4.) This survey was prepared with benefit of that certain Title Commitment OF NO. 105807, effective date of May 10, 447. Deed Records of Denton County, Texas. 2014, provided by Title Resources Guaranty Company. For easements, rights -of -way and/or other matter@ of record that may effect this treat, the surveyor relied solely on said Title Commitment. Ida. Easement executed by O.V. AUSSM o't al to TEXAS POWER_. & LIGHT OMPANY road ApHt 17. 19J7, r000rdod in Volume 205, SURVEYOR'S CERTIFICATE Page 215, Doe! Records of Denton County, Taxes. tab. Easlarnent executed by C.M. WEST and wife, MRS. MILDRED To: John Powell Walker et al, Title Resources Guaranty Company and the City of Denton, Texas: WEST to TEXAS POWER & UGHT COMPANY fled Made 23. 1950, recorded In Volume 355, Page 59% Deed Records of Denton County, Texas. I, Todd B. Turner, Registered Professional Land Surveyor, State of Texas, do hereby certify that this survey substantially complies with the current Texas Society of Professional Surveyors top. Easement executed by MARY cEEsurlc at al to TEXAS POWER & LIGHT PANY feed June 22, 1956. recorded 1n standar-:. and s-.eolficotlons a Category 1A, Condition II survey. Volume 422, Page 419, Deed Records of Denton County, Texas. 6�' tar. Easement executed by EEa CEESUNC and wife. MYRTLE . „ 4°0 F GEESUNG to TEXAS POWER & UGHT COMPANY find September 18, 19K In Volume 51�3. Pago 520. Good Racerda 1 5 T E react of�G Denton County, Texas. I oe Ea ent ex ted by JAMES H. RU JR.. TRusTEE to Todd B. Turner, RPLS °:.................... .. ° ° TEXAS Po & U HT PANY God Mash 21, 1080 ded Firm Registration Number 10011601 TODD B. TURNER In Volume 1007, Page 089. Deed Records of Denton County, Original Survey Date: February 27, 2013 .. ..................... Texas. Revision Date: June 04, 2014 — Update Survey ; a 4859; 10L Easement awarded to OCISIERV GAS. LTD., by judgement and Address Schedule B items undeer Cause No. ED-2 In the Probate Court of.,,''~° Denton County, Texas. 5 5 . •' C7 "A" Exhibit � SUaR�� to Ordinance LAND TITLE SURVEY feague nail & perkins• Mares Drive, aura 320 BEING SITUATED IN THE tnp1517 Der"n, Texas .383. v4o.3aa,41nph .3sa.e 1x M. FO EST SURVEY, ABSTRACT NO. 17 `• �;'�www.tnpinc.com OFDE TON, SHEET 1 OF 2 1 QMA rr"3'VTrIr.L, ''r nY AMP ,JAI, AWA 0MVIl4t EM@ AllMPAI'M ex R6DWft �pCIITY DENTON COUNTY. TEXAS 1/2- IRF NOTE: Sae sheat 1 of 2 for Legal description and metes. Cu. lio 1_ rr i0 LAND TITLE SURVEY ddd - _. - LYNELL CA j10.372 ACRES ] i' rr f r CALDOC. NO. 95-00 2 rdinance I1 1w w R.P.R.D.C.T. LED 1.043 ACRE I�,,, SHEET 2 OF 2 REMAINDER OF` CALLED 07.Z77 ACRE TRACT a /� ,.XN n PCWELL WALKER at of _ x DOC, NO. 93-0034125 SCALE 1' 1401 POINT OF 1 _.-. _ (5 89'54'10' E — 337.01] s "`P°a R.P,R.P.C.T, I I BEGINNIN® _ _- 1/2' IPF 83` 3 87.63°22' E - 718.70° CY THE GEESLJNG PROPERTY TRUST. r G'Ed=WNC CAS$AWRY COUNTY INC. o ra r s DOC. NO, 2005-50246 R.P.R.D.C.T.�� CALLED 43.049 AC 1 �� aI ° ` 10.372 ACRES m PART OF DOC. NO I I CALLED% .277 ACRE TRACT 2DO-104870 i w M R P.R.0 C.I LLWALKER CALLED kW ac - ~ 93-0034125 I � OVERRkAe POWER UNE AP1'1i MMATE CINTE',B.UIE c1' 1C%As !`Uva, ,k "Gny cr3 --fANUCNT CA MWIT-Cf-WAY 3 M. 264. PO. t jW0111 e:rDE ) m N ATMOS �o OF am TER] I I,1 rtFate � \\ k ., ,.. -. Tf. 88°07148' R 649,48' ;µcR11d WrJ ar \ Lm WiA obww.�•w 4Rttm.... ,,.., _. MM. - DPD, LLP 7 pz_a `ry NO. �', .�.-.�"_` .x.-.- -,;m. c4asex-.--w'"' "`%.w,__, \- eer, w CITY OF' DENT 'al 2 194878 d. \ \ I VOL. 3278, PG 876 R.P.RA.C.T. -. \„y.l 4 R,P.R D.C.T. CALLED 20.00 AC C of Aw "N CALLED 0.40 AC TEXAS POWER & LIGHT COMPANY I \ VOL 1027, PG. 103 ScA \ C1 a£ Ate cal. R.P.R.D.C.T" 1 rppiil, A31ap \\ u —c_ CALLED 2.430 AC �- 140 0.• o Wpdt dr - cad® 1 \\ TEXAS POWERMAGENCY L.. VOL 1027, PG. 165 ' I MAI\\ CALLED 1.424 AC c� � � & w q TEXAS F.€UriIICiPA1.. POWER GRAVEL '---"""' rt`.• . °\\ AREAv VOL T149,NP% 494 1� R.P,R.O.C.T. I CALLED 3.02 AD AREA CRAWL fif \\ \ \\ or€xr� ..,..-. r9• Air A OHs CA= Ala 1/2 CIRFrt \ _. IMF ®_ 304 Y D[IT�11 Y D►I�`! h 1 � 1 . 1 11 II 1 r� �• This Contract of Sale (the "Contract") is made this k day of 2014, effective as of the date of execution hereof by Buyer, as defined crein (the "Effective Date"), by and between JOHN POWELL WALKER and WILLIAM A. MARTIN (referred to herein as "Seller") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer"). WHEREAS, Seller owns that certain tract of land being more particularly described on Exhibit "A" and depicted on Exhibit "B" attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, Seller agrees to sell to Buyer, under threat of eminent domain, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property"). For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller shall reserve, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, their heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ARTICLE II 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of Six Hundred Thousand and No/100 Dollars ($600,000.00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No/100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205, (the "Title Company"), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in Contract of Sale Page 2 of 23 addition to, and independent of any other consideration or payment provided in this Contract, is non-refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III 3.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending not later than Monday, October 8, 2014 (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited, to reports, studies or inspections related to title and survey matters, soil conditions and to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer may, at any time prior to Monday, October 8, 2014, end the Absolute Review Period and proceed to Closing. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article III, Section 3.01, Buyer will provide to Seller copies of (i) any and all non -confidential and non -privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE IV AGREEMENTS 4.01 Representations of Seller. Seller represents to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) Seller has no knowledge of other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof. (b) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (c) The Seller has not received notice of, and has no other knowledge or information Contract of Sale Page 3 of 23 of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property other than an Eminent Domain proceeding styled: City of Denton, Texas v. John Powell Walker and William A. Martin, Cause No. CV- 2014 — 01215 in the County Court at Law No. 2 of Denton County, Texas. (d) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (e) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. (f) The Seller shall not have caused any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. (g) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any additional litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon which will not be terminated, released or discharged on or before Closing. (h) As long as Seller is not required to perform any affirmative act (other than signing any authorization or application), incur any cost or expense, or otherwise approve of a final plat, final zoning change, or other authorization which becomes final at or prior to Closing, Seller shall execute necessary preliminary authorizations provided by the City to the Seller required for any City initiated permitting, planning or zoning applications during the executory contract period, involving Contract of Sale Page 4 of 23 the Property. Such authorization has been executed and is attached to this Agreement as Exhibit "C". 4.02 Warranty of Buyer; Waiver of Reliance; and "AS IS" Property Condition. Buyer represents and warrants to Seller that it has made, or will make prior to Closing, an independent inspection and evaluation of the Property and acknowledges that Seller has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically set forth in the deed concerning Seller's special warranty of title, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY, SUITIBILITY OR FITNESS FOR PURPOSE OR USE, OR HABITABILITY OF ANY OF THE PROPERTY OR THAT ANY IMPROVEMENTS HAVE BEEN CONSTRUCTED IN A GOOD AND WORKMANLIKE MANNER. Except as otherwise specifically set forth in the deed, Buyer further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon and it is not relying in whole or in part upon any oral or written statements made or information or documentation provided by, or upon any warranty or representation (either express or implied) of any type or nature furnished by Seller, Seller's representatives, Seller's agents, Seller's Brokers or Real Estate Salespersons, Seller's employees, Seller's attorneys, Seller's partners, any director, shareholder, or officer of Seller, Seller's affiliates, or any of Seller's predecessors in interest, successors and/or assigns, regarding the Property or any portion thereof. Seller makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or any third party. Seller assumes no liability for the accuracy, completeness or usefulness of any material furnished by Seller, if any, and/or any other person or party. Reliance on any material so furnished is expressly disclaimed by Buyer, and shall not give rise to any cause, claim or action against Seller. Buyer acknowledges that it is being given and on the Closing Date has had a reasonable period of time prior thereto to inspect, determine and evaluate whether Buyer wishes to close the purchase of the Property without any warranty, representation, or inducement on the part of the Seller whatsoever, except as otherwise specifically set forth in the deed which Seller shall sign at closing, a form of which is attached as Attachment 1 to this Agreement. WAIVER OF CONSUMER RIGHTS: Buyer hereby represents that it is represented by legal counsel in purchasing the Property from the Seller, and that the Buyer hereby expressly waives all of its rights under the Deceptive Trade Practices -Consumer Protection Act, Section 17.41 et seq., Texas Business and Commerce Code, a law that gives consumers specific rights and protections. Following a consultation with an attorney of the Buyer's own selection, the Buyer Contract of Sale Page 5 of 23 hereby voluntarily consents to this waiver as evidenced by the signature of Buyer below. It is acknowledged by both the Seller and the Buyer that in addition to the foregoing, it is the intent of this agreement to release the Seller from any and all responsibility for the design, construction, repair, or maintenance of improvements located on the Property. After Closing it is the intent of the Buyer to completely demolish and destroy and of the dwelling improvements located on the Property and represents that any dwellings or other improvements located on the Property have a zero, if not negative value to the Buyer, and that no part of the consideration is being paid for any such improvements. This Section shall survive the closing or earlier termination of this Contract and shall not be merged into the deed at Closing. 4.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Buyer and Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Deed Without Warranty, as described in Article VI, Section 6.02(a). ARTICLE V CONDITIONS PRECEDENT TO PERFORMANCE 5.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and 5.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 5.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 5.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 5.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying Contract of Sale Page 6 of 23 the waived condition precedent. 5.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VI CLOSING 6.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be on or before Wednesday, October 10, 2014 unless otherwise mutually agreed upon by Buyer and Seller. 6.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Deed Without Warranty, substantially in the form as attached hereto as Attachment 1, subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing; provided that Seller shall be under no duty to make any covenants, warranties, representations, or agreements to the Buyer or Title Company which are not expressly set out herein. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative Contract of Sale Page 7 of 23 requirements for consummating the Closing. 6.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 4.03, above, the provisions of this Article VI, Section 6.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on i.) the percentage of property taken from the parent tract, and ii.) the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 6.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 6.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be borne by Buyer. ARTICLE VII DEFAULTS AND REMEDIES 7.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, Contract of Sale Page 8 of 23 condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VI, Section 6.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 7.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VI, Section 6.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or Contract of Sale Page 9 of 23 (ii) Enforce specific performance of this Contract against Buyer. ARTICLE VIII MISCELLANEOUS 8.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: JOHN POWELL WALKER and WILLIAM A. MARTIN Telecopy Copies to: For Seller- Telecopy: 8.02 Governing Law and Venue. is intended to be performed in the validity, construction, enforcement CONTRACT IS PERFORMABLE I ACTION BROUGHT WITH RE' COUNTY, TEXAS. BUYER: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For Buyer: Scott W. Hickey Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387-9553 This Contract is being executed and delivered and State of Texas, the laws of Texas governing the and interpretation of this Contract. THIS N, AND THE EXCLUSIVE VENUE FOR ANY >PECT HERETO, SHALL LIE IN DENTON 8.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. Contract of Sale Page 10 of 23 8.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 8.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of up to ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VI, above, and there shall be assigned by Seller to Buyer at Closing all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 8.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transaction contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 4.02, above, the provisions of this Article VIII, Section 8.06 shall survive Closing. 8.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 8.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. Contract of Sale Page 11 of 23 8.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Frank Payne, P.E., City Engineer of Buyer, or his designee. 8.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 8.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 8.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance"), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. 8.13 §1031 OR §1033 EXCHANGE. It is the Seller's intent to possibly effectuate an exchange under either §1031 or §1033 of the Internal Revenue Code. In the event the Seller decides to effectuate a §1031 or §1033 exchange, Buyer agrees to cooperate with the Seller in effecting such an exchange, including revising certain portions of this Contract as they relate to the receipt of the proceeds from this sale and the timing of the Closing Date. 8.14 Additional Consideration. As additional consideration for Sellers conveyance of the Property to Buyer, Buyer shall install a masonry screening wall around Buyer's facilities with landscaping around the perimeter of the said wall. Said masonry screening wall shall be substantially similar to that which is depicted in the attached Exhibit "D" and shall be constructed by the later of, a.) six months after the date of closing; or b.) three months after Buyer, its successors or assigns complete the construction of its facilities on the Property. SELLER: JOHN POWELL WALKER WILLIAM A. MARTIN Executed by Seller on the day of 2014. Contract of Sale Page 12 of 23 08/05/2014 08:52 L'AUBERGE DEL MAR -> 912146514330 N0.747 P002 Execiftca by SeU.er on the IM day of 2014. 6I nOW. I ISPn.5096/0102=3114 COQuact of sate Page 13 of 19 1I611ATA MT31 By: GEOIRGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of 2014, ATTEST: JENNIFER WALTERS, CITY SECRETARY INN APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC BY: Contract of Sale Page 13 of 23 By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381-1006 Telecopy: (940) 898-0121 Printed Name: Title: Contract receipt date: 1 2014 Contract of Sale Page 14 of 23 PROPERTY LINE iADJACENT PROPE EASEMENT LINE CHAIN LINK FEII • ELECTRIC LINE CAPPED IRON ROD FOUND -- — ------- [RON ROD FOUND (AS NOTED) _i;WCAPP—EDIRON ROD STAMPED (TNP) SET • W-1 REAL PROPERTY RECORDS TELEPHONE UTILITY jn OWER STRUCTURE EDGE OF ASPHALT TITLE COMMITMENT NOTES: STATE OF TEXAS COUNTY OF DENTON LEGAL DESCRIPTION — 10.372 ACRES I I I 1111111. li I F. ME Aff, I 10-1-1-1 BEGINNING at a 1/2 inch Iron pipe found In the east line of Geesling Road at a westerly exterior corner of the said Walker tract, some being the southwest corner of a called 1.043 acre tract of land as described In a deed to Lynell Cawood, as recorded In Document Number 95-0034882 of the said Real Property Records for the northwest corner of the herein described tract, from which a 1/2 Inch capped Iron rod found for the Northwest corner of sold 1.043 acre tract bears North 02'41'52" East, [N 03'10'00" E], a distance of 135.91 feet [135.65 feet], THENCE South 87'53'22" East, [S 89'54'18' E] with the common line of said Walker tract and Said Cawood tract, passing a 3/8 Inch iron rod found at the southeast corner of said al Cawood tract at a distance of 336.47 feet [337.00 feet], and continuing for a total distance of 715.70 feet to a 5/8 inch capped Iron rod set and stamped "TNP" for the northeast corner hereof; THENCE South 01"56'26* West, a distance of 652.34 feet, to a 5/8 Inch capped iron rod set and stamped "TNP", for the southeast corner hereof, same being the northeast corner of a called 3.02 acre tract of land as described in a deed to Texas Municipal Power Agency as recorded in Volume 1149, Page 494 of the Deed Records of Denton County, Texas, from which a 1/2 Iron rod found for the most easterly southeast corner of said 3.02 acre tract bears South 48'05'31" West, [S 46'13'51" W], a distance of 45.07 feet [45.10 feet]; THENCE North 88'07'46' West, [N 89'59'49" W] with the common line of said Walker tract and said 3.02 acre tract a distance of 549.48 feet [549.5 feet], to a 5/8 inch capped iron rod set and stamped "TNP', at an angle point of said Walker tract-, TITLE RESOURCES GUARANTY COMPANY GF NO. 145087 THENCE North 3b'3t7'05" West[N 40'27'41" W] continuing with said common line, a distance EFFECTIVE DATE-- MAY 18, 2014 02, 2014 of 255,79 foci [2.55.0 feet), to a 5/8 Inch capped Iron rod set and stomped "TNP", some COMMITMENT DATE: JUNE being the northwest corner of said 3.02 acre tract, and the westerly southwest corner of said THIS TRACT IS SUBJECT TO THE FOLLOWING BLANKET EASEMENTS: Wolk.er trac-1 und ying in the east line of Geesling Road; 10q. Easement executed E.E. GEESLING and wife, MYRTLE GEESLING at al to LONE STAR GAS COMPANY filed May 9, 1957, THENCE North 01'56'46" East, [N 00'00'11" W] along the common line of said Walker tract recorded In Volume 429, Page 289, Deed Records of Denton and the east line of said Geesling Road, a distance of 460.75 feet [459.04 feet], to the County, Texas (location and width undefined). POINT OF BEGINNING and containing 10.372 acres of land more or less. THE FOLLOWING SCHEDULE B ITEMS DO NOT AFFECT THIS TRACT 10h. Easement executed by MRS. J.T. BOTTORFF at al to LONE STAR GAS COMPANY filed May 27. 1916, recorded In Volume 146, Pogo 412, Deed Records of Denton County, Texas. 101. Easornont executed by SIM GEESLING to LONE STAR GAS COMPANY Mod June 6, 1923, recorded In Volume 187, Page 626. Deed Records of Denton County, Texas. 101 Easement executed by SIM GEESLING to TEXAS POWER & LIGHT COMPANY filed December 1, 1924, recorded In Volume 196, Page 75, Dead Records of Denton County, Texas. IOIL Easement executed by CHARLES HOFFMAN to TEXAS POWER & LIGHT COMPANY filed December 23. 1924, recorded In Volume 196, Page 80, Dead Records of Denton County, Texom 101, Easement executed by E.E. GEESLING to LONE STAR GAS COMPANY Mod June 12, 1926, recorded In Volume 205, Page 447, Dead Records of Denton County, Texas. Ion. Easement executed by O.V.SSELL at al to TEXAS POWER i & LIGHT COMPANY nApril , 1937, recorded In Volume 205, Page 215, Dead Record® of Denton County, Texas. This description is based on the Land Title Survey and Plot made by Todd B. Turner, R.P.L.S. No. 4859 on June 04, 2014. SURVEY NOTES: 1.) eoarinvfk of linom wwwo twroon refer to Grid horth of tbo Tomug Coordinate System of 1983 (North Central Zone; HAD83(GOR1I99) rpocil mO2.00) as derived locally iron western Data Systems continuously Operating Reference Stations 10ORS) via Real Timu Kinematic jrTK) methods. An avorag(t Combination Factor of 0.999853386 was used to scale surfax,,i) 01stormon to grid. All diattyrolob aho.n Wroon ruprauuot grid values, 2.) The utilities shown on this survey are based upon the available information and -field locates' of visible above ground markings provided by TRIP SUE DEPT. TNP relied solely on the cooperation of the various utility companies and any Information they made available. Underground facilities have not been field verified. There may be additional utilities that TNP has not been advised of. 3.) See shoot 2 of 2 for survey plot. 4.) This survey was prepared with benefit of that certain Title Commitment OF NO. 195807, effective date of May 10, 2014, provided by Title Resources Guaranty Company. For easements, rights -of -way and/or other matters of record that may affect this tract, the surveyor relied solely on said Title Commitment, 10o. Easement executed by C.M. WEST and wife, MRS. MILDRED To: John Powell Walker et al, Title Resources Guaranty Company and the City of Denton, Texas: WEST to TEXAS POWER & LIGHT COMPANY filed March 23, 1950, recorded in Volume 355, Page 508, Dead Records of Denton County, Texas. 1, Todd B. Turner, RpqjStLred Professional Land Surveyor, State of Texas, do hereby certify that this survoy rjt�bstarit! I ally complies with the current Texas Society of Professional Surveyors 10p. Easement executed by MARY GEESLING at of to TEXAS and S ocIficat I Ions - a Category 1A, Condition 11 survey, POWER & LIGHT COMPANY filed June 22, 1956, recorded In Volume 422, Pogo 419, Dead Records of Denton County, Texas. 10r. Easement executed by E.E. GEESLING and wife, MYRTLE GEESLING to TEXAS POWER & LIGHT COMPANY filed September 0 F ....... 18, 1964, recorded In Volume 513, Page 526, Deed Records of Denton County. Texas. 10s. Easement executed by JAMES H. RUSSELL, JR., TRUSTEE to TEXAS POWER & LIGHT COMPANY Mad March 21, 1980, recorded Todd B Turner, ROILS Firm Registration Number 10011601 ........................ TODD El...TURNER .... In Volume 1007, Page 989, Deed Records of Denton County, Original Survey Date: February 27, 2013 .......... .......... Texas. Revision Date: June 04, 2014 — Update Survey •"e 4859 10t. Easement awarded to CO GAS, LTD., by )udgernent the Probate Court and Address Schedule B items P r 0 undsor Cause No. ED-2000-00334, In of "A" Denton County, Texas. Exhibit to Contract of Sale LAND TITLE SURVEY feaque nail & perkins Page 15 of 23 10.372 ACRES 1517 Cordra Place Drive, Suite 320 BEING CSITUATED IN THE ontract of Sale Drdan' Tax.. 76205 940.363.4177Ilh 940.383.8026fx M, FORREST SURVEY, ABSTRACT NO. 417 -, owv�tnp vvvvvv.lnpInc.wrn CITY OF DENTON, SHEET 1 OF 2 DENTON COUNTY, TEXAS 1/2' IRF _ 88 sheet of 2 for leff81 dOseription rand notoo« LAND TITLE SURVEY r1Bat t Yi{'}11 CAWW) JE i t to�2 y .et 0 s`l,l: Pw w [A1LF9 1,070 ACRE .: SHEET 2 OF 2 g d ��\ ya I = y§ 1z REMAINDER OF ' CALLED 97.277 ACRE ® 120 TRACT GG { � 4• e JOHN PO WALKER of al _,,,,,•••• ". POINT OF P 1 t ''x - jS 89'54'18® E - 337.0'],' Y•a'€a "3 DOC. NO. 03-0034125 R.P.R.D.C.T. SCALE: 1' 120' BEGINNING 1/2" IPF S 67'63'22' E - 715,70' THE CEESLING PROPERTY TRUST, P , P GEESUNG GASSAWAY COUNTY, INC..s. srlxr =�' AC,W•„,,A,aa.A,,,:,.15 tnp DOC. NO. 2005-50246 R.P.R.D.C.T. CAVED 43.049 AC eAr> �xwa3 _r... 10.372 ACRESPART OF NO p CALLED7. 7 7 ACRE TRACT 20D3C194876 R.P.R.D.C.T. ;,W I �aJOHN POWELL WALKER et al CALLED 20.00 AC p 11 4, w a . 93-0034125 OSfbMAO POWER IwT,,. MAIK,bATY UhI1fSl ldl. Or RXAS PY&H A U.�Hr,.n. 3 ! ,. PA.f uCr,Y ris P+liasa WAY rr. 64 dG 2F, A 764, y @II �� [kllllYi llN4 Cf taL d`i� N LO q ATMOS GAS P \ � s, t✓ ' fib. �. C° OF _ co ra' >r � K�n• v� . " y \ }• °pis{v (,,—WAY _ 4 'b, [N 0'49'49 W Ih:.!i] nk s'Ul-e' NEG •, \y t - N 88'07'46 W a49.1A' d rcrf " a w�>a yC; \ y-i#ai —..._..e1 ' TUCr g_ ER WAM L\ AREAry DOC. NO. ' „. °* Vim.. ..y`t" -�- w__,. qr' ,x� ,+ CI" OF GE;N:TON 2003-194876 _ u.. _s.e . , \ y P r r=::s m- VOL. 3274, PG. 878 ' R.P.R,D.C.T. • y R P,R.O.C.P`, I Y €� CALLED 0.40 AC TEXAS POWER & LIGHT COMPANY P CALLED 20.00 AC ,, f I ,4 Arr ^ � � �i WA £' \ \ k Y �pLLEDR2.4 0 AC r'{X aA@rail•an, g�7 ,�....Jv a . ',w rri urarA�+weeya wnca y I y TEXAS MUNICIPAL \ ACVICY NCY , w P yp lOE. 1i773 P016,5 P $ P s• r,{.r� '� ® R,P R D,C.T. - P g i i CAI l ED 1.424 AC z �; w .. $I. . TEXAS MUNICIPAL P'[PNA:R TC,��{ "*t \ wAREA z92 VOL, 1149, PG. 494 y P. `y \ \\ ¢IAGENCY s l z �aAM \ A esur ra i $ ya BATS &Y;v'itV $A& !7p CAUSE ma a gWaT _ L[�lti dl+ t? 3. s 4 fgx3 tl Y' l _ -t 1f2 CIRF— m7a � F3t4 i:OPYTaFi:1{T,SY 't6'AtUarE NA@J AWY3 PERKINS. I�� ALL NI Gr9'1T," R#"-E•R1k,D. "'"i—•"m—. T—.,.w•—...x. -�.w. Exhibit "C" to Contract of Sale July 3, 2014 RE: Proposed DME Substation A 10.372-acre tract situated in a 97.277-acre tract conveyed to John Powell Walker, etal as described in Doc. No. 93-0034125 of the Real Property Records of Denton County, Texas. To Whom It May Concern: As the owner of the referenced 97.277-acre tract, located on Geesling Road, I hereby authorize Denton Municipal Electric to submit applications to the City of Denton for planning purposes for the proposed electric substation, including applications for a Specific Use Permit, plats and permits necessary for the proposed project. ` A �^ 'Name Date Page 17 of 23 Contract of Sale Exhibit "C" to Contract of Sale July 3, 2014 RE: Proposed DME Substation A 10.372-acre tract situated in a 97277-acre tract conveyed to John Powell Walker, etal as described in Doe. No. 93-0034125 of the Real Property Records of Denton County, Texas. To Whom It May Concern; As the owner of the referenced 97.277-acre tract, located on Ceesting Road, 1 hereby authorize Denton Municipal Electric to submit applications to the City (if Denton for I'slanning purposes for the proposed electric substation, In luding applications for a Specific Use Permit, [alats and hermits necessary for the proposed project. Page 18 of 23 Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY THE STATE OF TEXAS § COUNTY OF DENTON § WHEREAS, the City of Denton is authorized under the Texas Local Government Code Chapter 251 to purchase land and such other property rights deemed necessary or convenient. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That John Powell Walker of Cleveland County, Oklahoma and William A. Martin of Dallas County, Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other food and valuable consideration. The consideration recited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order to avoid formal Eminent Domain proceedings and the added expenses of litigation, to Grantors in hand paid by the City of Denton, hereinafter sometimes referred to as Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Denton all that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. Grantors reserve all of the oil, gas and other minerals in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. This conveyance is made by Grantors and accepted by the City of Denton subject to the following: 1. Visible and apparent easements not appearing of record. Contract of Sale Page 20 of 23 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements, restrictions, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Denton County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. TO HAVE AND TO HOLD the property herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successor) are excluded. IN WITNESS WHEREOF, the instrument is executed on the day of 2014. Printed Name: John Powell Walker Acknowledgment THE STATE OF § COUNTY OF _ § This instrument was acknowledged before me on 2014, by John Powell Walker. Notary Public State of Printed Name: My Commission Expires:_____ Contract of Sale Page 21 of 23 0 Printed Name: William A. Martin THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 2014, by William A. Martin. Upon Filing Return To: The City of Denton -Engineering Attn: Paul Williamson 901-A Texas Street Denton, TX 76209 Notary Public State of Printed Name: My Commission Expires: Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 Contract of Sale Page 22 of 23 i ®i !I IIlIIII11Ipllll III R eMONUMENT CONTROL ,IRONIROPIPE FOUND ROD • • 'IRON CAPPED IRON RO,. ... FOUND 'O/ FOUND (AS CilNOTED) 5/8 CAPPED IRON ROD STAMPED (TNP) SET FENCE CORNER POST DEED CALL ,REAL PROPERTY RECORDS SIGN EDGE OF a • a STATE OF TEXAS COUNTY OF DENTON LEGAL DESCRIPTION — 10.372 ACRES BEGINNING at a 1/2 inch Iron pipe found in the east line or Geesling Road at a westerly •exterior corner of the sold Walker tract, some being the southwest cornera called 1.043 acre tract of land as described In a deed to Lynell Cawood, as recorded in Document Number 10: 88 of the • a maProperty Records for - northwest cornerof herein described tract,from a capped a,.. • w found forNorthwest corner of as 1.043 acre tractbears North!East,! 100 a distance THENCE South 87*53'22" East, [S 89*54'18* E] with the common line of sold Walker tract an't soldCawood asr # ! .a.. "r • a id Cawood r as a distance of[337.00 and continuing fora total distance of ! feet to acapped a .# set and stamped "TNP" for the northeast corner hereof; THENCE South ! a t West,a. distance o652.34 feet,a s i Inch capped_• +a. set and stamped ' for the southeast cornerhereof,a : being the northeast cornerof a called 1 w a a # described a, ,a o Texas ra........ Power aa.-.a in VolumePage of * teed .: a aa Denton Texas, a which a :a rodfound or - mosteasterly southeast • ....:: of ale 3.02 acre tract THENCE North 88'07'46" West, [N 89'59'49" W) with the common line of sold Walker tract a is • 3.02 acre tract a distance of 549.48 •a to a C. inch capped• r•.a c and stampedat a.. • a• point of •• Walker tract; TITLE RESOURCES GUARANTY COMPANY OF No. 145087 THENCE North 58`36'05" West, [N 40'27'41" W] continuing with said common line, a distance CTiME DATE: MAY 18, 2014 of 255,79 feet 255.0 feet], to a 5 8 Inch capped iron rod set and stamped "TNP", some COMMITMENT DATE: JUNE 02, 2014 [ / being the narthwest corner of said 3.02 acre tract, and the westerly southwest corner of sold THIS TRACTIS SUBJECT T07HE FOLLOWING BLANKET EASEMENTS: Walker trot al'1d ly'irlg in the east line of Geesling Road; 10% Easement executed by E:1f' (A:E50ND and wife, MYRTLE GEESUNG at al to LONE STAR GAS C`hJPANY fired May 9, 1957, THENCE North 01'56'46" East, [N 00'00'11" W] along the common fine of said Walker tract recorded In Volume 429, Bala 289, Dead Records of Denton and the east line of said Geesling Road, a distance of 460.75 feet [459.04 feet], to the County, Texas (location and width undefined). and OF BEGINNING and containing 10.372 acres of land more or less. THE FOLLOWING SCHEDULE B ITEMS DO NOT AFFECT THIS TRACT: 10h. Easement executed by MRS. J.T. BOTTORFF at ol to LONE STAR GAS COMPANY flied May 27, 1916, recorded In Volume 146, Page 412, Dead Records of Denton County, Texas. 101. Easement executed by SIM GEESLING to LONE STAR GAS COMPANY filed June 8, 1923. recorded In Volume 187. Page 626, Dead Records of Denton County, Texas. 101 Easement executed by SIM GEESUNG to TEXAS POWER & LIGHT COMPANY filed December 1, 1924, recorded In Volume 196. Page 75, Deed Records of Denton County, Texas. 10k. Easement executed by CHARLES HOFFMAN to TEXAS POWER & LIGHT COMPANY fled December 23. 1924, recorded in Volume 196, Page 80, Deed Records of Denton County, Texas. 1 # I• 1 i 1, a. agglinuffilIT.Nm.'a OVA #. r. This description is based on the Land Title Survey • • Plot made by ■d B. R.P.L.S. No. #' 2014. EWWPFA 1.) Bearings of lines shown hereon refer to Grid North at the Yax$a Coordinate System of 1 (North Central Zone( HADOS(CORS96) Epoch 2002.00) as derived locally from Waetorn pate Systems Continuously Operating Reference Stations (COBS) via Real Time Kinematic (IITK) msthade. Ar, averat(e Combination Factor of 0.999853366 was used to scale surface distances to grid. All distertoes esroa•n hsrson represent grid values. 2.) The utilities shown on this survey are based upon the available information and "field locates' of visible above ground markings provided by TNP SUE DEPT. TNP relied solely on the cooperation of the various utility companies and any information they made available. Underground facilities have not been field verified. There may be additional utilities that TNP has not been advised of. 3.) See sheet 2 of 2 for survey plot. 4.) This survey was prepared with benefit of that aertain Title Co itment OF NO. 195007, effective date of May 18, 2014, provided by Title Resources Guaranty Company. For easements, rights -of -way and/or other matters of record that may affect this tract, the surveyor relied solely on @aid Title Commitment. SURVEYOR'S CERTIFICATE too. Easement executed by QM. WEST and wife, MRS. MILDRED To: John Powell Walker et al, Title Resources Guaranty Company and the City of Denton, Texas: WEST to TEXAS POWER & LIGHT COMPANY filed Mardi 23. 1950, recorded In Volume 355, Page 598, Dead Records of Denton I Todd B. Turner, Registered Professional Land Surveyor, County, Texas. or, State of Texas, do hereby certify that 9 $' y top. Easement executed by MARY GEESUNG et at to TEXAS this survey substantially complies with the current Texas Society of Professional Surveyors POWER & LIGHT COMPANY flied June 22, 1956, recorded In standor: and S�oOit cotionslf', 0 Category 1A, Condition II survey. Volume 422, Page 419, Deed Records of Denton County, Texas, tor. Easement executed by E.E.NG and cuffs MYRTLEi ,,.•»«. to TEXAS E 64, recorded InP & LIGHT COMPANY led B 9 OWER Volume 13, Page 62e, Deed R denba ((14 Denton County, Texas10e. Easement executed byJAMES H. RUSSELI, JR., TRU to Todd B. `furner, RPl S5 PO & LIGHT COMPANY feed March 21, 1980, recorded Firm Registration Number 10011601 ODD B TURNER In Volume IOD7. Page 989, Deed R ords of Denton County, Original Survey Date: Fe' ruary 27, 2013 ... .. ...Texas. Revision Date-, June 04, l'014 — Update Survey4859IOL Easement awarded to OOSERV GAS, LTD., by Judgement and Address Schedule B items 0undser Cause No. ED-2000-00334, In the Probate Court of ;SDenton County, Texas. Exhibit "Allt0 ,�'U v C- _,7+ to II ris l " `rl ,l$ 1517 Ginn Plum Drive, Sulh, 320 j',`'np Denton, Taxes 76205 +` 940.383.4177 ph 940.303.6026 fx www.inpinc.com Deed Without Warranty LAND TITLE SURVEY 10.372ACRES Page 23 of 23 ContractBEING of Sale SITUATED IN THE M. FORREST SURVEY, ABSTRACT NO. 417 CITY OF DENTON, SHEET 1 OF 2 DENTON COUNTY,