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Home My WebLink AboutJune 10, 2014 Agenda% �! % �, � Tuesday, June 10, 2014 City of Denton Meeting Agenda City Council 3:00 PM City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton. com Work Session Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a 2nd Tuesday Session on Tuesday, June 10, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday Session are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Work Session Renorts A. ID14-0227 Receive a report and hold a discussion regarding City of Denton innovation initiatives including suggested project ideas from the City's 2014 Leadership Excellence and Enhancement Program (LEEP). Attachments: Exhibit 1- PowerPoint Slides -"Destination Denton?" B. ID 14-0223 Attachments: � � Receive a report and hold a discussion regarding Ethics matters impacting municipal elected officials, including Ethics provisions unique to the City of Denton. Exhibit 1 Enablinq Leqislation Exhibit 2 Power Point C. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, City ofDenton Page 1 Printed on 6/6/2014 City Council Meeting Agenda June 10, 2014 public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Following the completion of the 2nd Tuesday Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Govemment Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID14-0214 Deliberations regarding 551.072; Consultation 551.071. B. ID 14-0219 Real Property - Under Texas Government Code Section with Attorneys - Under Texas Government Code Section Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the David Hough Survey, Abstract Number 646, located generally in the 3900 block of Quailcreek Road, located in the City of Denton, Denton County, Texas. Consultation with the City's attomeys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attomeys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Mayhill Road Widening and Improvements Project & Municipal Landfill: Parcel M139 - Robert Donnelly) Deliberations regarding 551.072; Consultation 551.071. Real Property - Under Texas Government Code Section with Attorneys - Under Texas Government Code Section Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, City of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, north of Paisley Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attomeys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P21 & P22 - Singing Oaks Church of City ofDenton Page 2 Printed on 6/6/2014 City Council Christ) [ID14-0220] Meeting Agenda June 10, 2014 C. ID14-0263 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Govemment Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the 100 and in the 300 block of East McKinney Street, City of Denton, Denton County, Texas. Consultation with the City's attomeys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. A ID14-0264 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests located in the 200 block of West McKinney Street, in the City of Denton, Denton, Texas. Receive a report and hold a discussion regarding legal and economic development issues regarding economic development incentives for a business prospect in the Downtown TIF. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations, including the offer of financial or other incentives. Also hold a discussion with the City's attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Following the completion of the Closed Meeting, the Council will convene in a Special Called Session to consider the following: A. ID 14-0220 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute the Easement Purchase Agreement (therein so called), as attached to the ordinance and made a part thereof as Attachment l, by and between Singing Oaks Church of Christ of Denton, a Texas Nonprofit Corporation (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of two Electric Utility Easements encumbering a 3.5624 and a 2.0203 acre tract of land, and a Temporary Construction Easement encumbering a 1.1283 acre tract of land (the "Property Interests"), being generally situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, City of Denton, Denton City ofDenton Page 3 Printed on 6/6/2014 City Council Attachments: B. ID 14-0265 Attachments: C. ID 14-0266 Attachments: Meeting Agenda June 10, 2014 County, Texas more particularly described in Exhibits "A-1", "A-2", and "A-3", and Depicted in Exhibits `B-1", `B-2", and `B-3", respectively; the electric Utility Easements to be used and utilized for the public use of expansion, construction, maintenance, augmentation, operation, and improvement of Electric Transmission and Distribution lines, facilities, and structures, and the Temporary Construction Easement to be used and utilized for the purpose of access, staging of materials and equipment, construction and grading activities relating to the DME Expansion project (therein the "DME Expansion Project"), for the purchase price of Seven Hundred Twenty Five Thousand Dollars and No Cents ($725,000.00), authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P21 & P22 - Singing Oaks Church of Christ) Exhibit 1 Sinqinq C7aks Church of Christ Location Map Exhibit 2 C7rdinance - Sinqinq C7aks Church of Christ Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale by and between Dr. Edward F. Wolski, as owner, and the City of Denton, Texas, as buyer, to acquire fee simple to a 10.070-acre tract located in the J.S. Collard Survey, Abstract No. 297, in the City of Denton, Denton County, Texas, generally located north of Riney Road and east of Bonnie Brae Drive, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations, for the purchase price of One Million Two Hundred Fifty Eight Thousand Nine Hundred Twenty Three Dollars and Twenty Cents ($1,258,923.20), and other consideration, as prescribed in the Contract of Sale as described in the ordinance as attached as Exhibit One; authorizing the expenditure of funds therefor; and providing an effective date. Wolski Counteroffer C7rdinance w Contract Consider approval of a resolution confirming the appointment of Ross Chadwick as Interim Fire Chief of the City of Denton Fire Department; and declaring an effective date. Exhibit 1 - Resolution CERTIFICATE I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2014 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City ofDenton Page 4 Printed on 6/6/2014 City Council Meeting Agenda June 10, 2014 City ofDenton Page 5 Printed on 6/6/2014 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� File #: ID 14-0227, Version: 1 DEPARTMENT: Human Resources CM/ ACM: Date: Bryan Langley June 10, 2014 Legislation Text Agenda Information Sheet SUBJECT Receive a report and hold a discussion regarding City of Denton innovation initiatives including suggested project ideas from the City's 2014 Leadership Excellence and Enhancement Program (LEEP). BACKGROUND Over the past year, the City of Denton has engaged in a number of activities to encourage innovation, improve efficiency, and promote effectiveness in the organization. In particular, the City created an "Employee Innovation Program" to encourage the submission of ideas by employees which could be used to improve city operations. The Employee Innovation Program offers incentives and recognition to encourage staff to suggest improvements which can have a meaningful impact on improving a program, service, and/or process in order to create new value for the community. Since strong collaboration is required to successfully develop ideas, the innovation program created an electronic online forum where employees can suggest, consider, and discuss potential ideas. As ideas are submitted, employees are able to comment in the electronic forum on the strengths and weaknesses of the idea. Additionally, suggestions on how to improve the idea can also be submitted and considered by other employees. We have had a number of employees participate in this process over the last several weeks, and the first round of project ideas are currently being evaluated and critiqued by employees. As the ideas are refined further, the department directors will then review and determine which ideas can be implemented. Staff intends to discuss the innovation program and specific project ideas in more detail with the City Council during the budget process. Additionally, staff has also began to implement a"Lean Government" management model in order to ensure that services are provided in the most effective and economical way, and that waste is minimized or eliminated. As part of this approach, staff has identified processes that can have a high impact on productivity if improved. In particular, staff conducted two weeklong "kaizen" events with teams of employees to improve the hiring and purchasing processes. The results of these kaizen events have been well received by employees, and the organization is planning to pursue other areas for possible improvement. Like the innovation program, staff intends on discussing this program in more detail with the City Council during the budget process. City of Denton Page 1 of 3 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0227, Version: 1 Finally, the City of Denton began partnering with the University of North Texas in 2014 to implement an on- going leadership development program (called "Leadership Excellence and Enhancement Program" (LEEP)). The purpose of this program is two-fold: to provide a formal program for developing leadership and management competencies in employees and to provide a project task group to examine specific issues facing the City and consider alternative and innovative ways to solve challenges. This program is a 12 to 18-month commitment, with curriculum including approximately 104 hours of classroom training, covering the following thirteen competencies: • Project Management • Strategic Thinking • Presentation Skills • Leadership • Customer Service • Ethics and Trust • Managerial and Personal Success Skills • Implementing Organizational Change • Personal Financial Planning and Management • Innovation and Creative Thinking • Delegation and Time Management • Decision Making • Conflict Resolution and Negotiation The program also includes an orientation consisting of three consecutive days that is designed to help participants gain a better understanding of local government as a whole, the City's strategic focus and impact on the community, a deeper understanding of the culture we are trying to build, and a greater exposure to the variety of services we offer. In addition to the classroom training, participants work on a project(s) selected by the class which is designed to address a real City challenge. The first LEEP class began in January of 2014 with 12 participants. Participants had to submit an application, which was reviewed by the City Manager and four Assistant City Managers. A total of 42 applications were received, but after much deliberation, the following employees were selected into the 2014 program (listed alphabetically by last name): l�ame Lancine Bentley Ethan Cox Mary Dickinson Vernell Dooley Pamela England oreen Housewright Jim Mays City of Denton rtment e ;y Improvement Services Service and Real Estate and Real Estate and Recreation Page 2 of 3 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0227, Version: 1 Kevin Ann Mullen Finance/Accounting Rodney Patterson Planning and Development/Building Inspections Mindy Schmidt Water Shed Protection Megan Schuth Fire Jose Villalva Wastewater Reclamation This highly motivated group has elected to split into two teams to work on separate projects that benefit the City. The first project will focus on right-of-way maintenance in order to further improve Denton as a destination for residents, business owners, developers, and visitors. The second project will focus on improving performance management and succession planning in the organization. Both groups have presented their project idea to the City Manager, Assistant City Managers, and Directors and will be presenting their project idea to the City Council at the June 10, 2014 City Council meeting. The purpose of this agenda item is to present the City Council with information regarding various employee initiatives mentioned above. Staff intends to briefly discuss the Innovation Program and Lean Government initiatives with the City Council, and additionally, the 2014 LEEP class will present a summary of each of their projects to the City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council adopted an ordinance on October 15, 2013, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the University of North Texas Murphy Center for Entrepreneurship under Section 791.001 of the State of Texas Government Code. FISCAL INFORMATION $30,000 has been budgeted for this program annually. EXHIBITS Exhibit 1- Power Point slides for Right-of-Way Maintenance presentation Exhibit 2- Power Point slides -"Catching Fire: The Spark to Ignite Organizational Excellence" Respectfully submitted: Carla Romine-Haggmark Director of Human Resources City of Denton Page 3 of 3 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� r,� �� r,' �� W � � a--� � .� � � � � � c� � � O 4� �, � � �� W U � � � � � .� c� � � O � U � � (n � L c� � � c� � � � � c� � � � � � O � c� � O � c� O U � O � U �--� .V L (/� � � O W � � Vl � O � � - � � � V 4� 0 � c� W � � W W � � �� W � � 0 U � 0 � W U > � � � � � ._ � � � � O � � � O � � ._ � � � � ; W � W / W � U Q � � .� � � � O U � , � 0 � � � � c� � U � � c� � � � � a� � � 0 �L L 0 � J U � � �� 0 � � 0 M � � � � � `...''' Q � � � � ` U � O � J � � L � � � _ V) � � �� L � O Q� � � � � � � O � N N Q O J O � � � � Q � a--� � � � �� U � 0 � �/ � � � � � N � � � �� ► U � O L a--� 0 U � L 0 � oC N � � � ca W i..L Vl O 4� U (!) 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McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0223, Version: 1 Agenda Information Sheet DEPARTMENT: Legal Department � Date: Anita Burgess June 10, 2014 SUBJECT Receive a report and hold a discussion regarding Ethics matters impacting municipal elected officials, including Ethics provisions unique to the City of Denton. BACKGROUND At its meeting of November 18, 2013, the City Council Ethics Committee requested an Ethics Update to the City Council. Accordingly, the City Attorney offers an overview of the Ethics provisions relating to municipal elected officials. Respectfully submitted: Anita Burgess City Attorney City of Denton Page 1 of 1 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� S:10uY Ibcumcnls\'iusulu�ionel0[1E11iics Policy-Amendnlml.UOC rrESOx.,U rrorr r�a. DO -�'(,�0,.� . A RESOLUTIlJ.I'� A�YIENDIT�G T�TE �TI3LCS POL�CY F(�R. ELECTED ANU APPOINTE�"1 CIFFICIAT.S I'OR T��E CITY ()F DEI�TTON, TEXAS; ANlD P�20VIDING .�N EFFECTIVE DATE WHLI2EAS, on May 18, 2004 City �ouncil passed Resolutiall R2004-025 adopting an Ethics Policy far Elected and Appoirzted Officials aizd upon a recommendation by the CoLUncil Ethzcs Sub-coz�nittee hereby approves �.rz amez�d�nent to the policy as set forth herein; and WL�ERE�S, the City Council of the City of I7e�tan acl�nowledges that our government is a repxesentatXVe democracy and those wha ara el.ected ar appointed to serve others as representatives accept a public trusi t�at reqi��res thern ta faithfully ancl diligently ful�ll their public responsibilitxes; a�ad WHEFt�AS, the City Council af the City of Dentan recagi�izes the those indi�viduals who se�ve as public servants must adhere ta a hi�;her ethical standard of canduct siixc� t�e activities of government should benefit tlxe caxn�z�unity as a whnle axad shau.ld neve�� bezlefit the indiv�dual interest afpul�lia d�cision mal�ers; N�OVF', TIIE12EF012.E, TI3E CtJUNCIL OF THE CITY OF DENTON HE:Ct�B'Y RGSOLVES: SECTION l.. That tlie following ETHTCS POLTCY for Elected aYid Appainted Ofificials --a City of 17enton, T'exas, wh°rch shall apply to all elected ar�d appointed of�cials af the City, is 1lereby a�sa.ended to read as follows: ETI�ICS POLICY for Elected a�nd Appoxnted Of£icials - City of Denton, Texas. This Etl�ics Palicy has been adopted to encourage and ensure the l�ighest standards of person.al and public conduct during tenure in of�ce. Adherence tn this Policy �vvill maintain the confidence and trust in. the decision-mal�ers and representatives of the City who must remain i�dependent, impartial, and accouritable to the people 1;1�ey serve. In addition, elected and appointe� officials must adhere to Texas state statues and City Charter provisions and City Council Rules of :Procec��e �;aveztzing their c�ncluct'. Th�s�; are lxster� at'th� ei�d.c�f fhis P�licy. Thus, elected City Crauzicil Meznbers as well as appoi�ted �raembers of tlie City's Baards a�d Comrnissions ar•e asl�ed io subscribe to the Texas statutes, City of Deni:on Chartex, Rules af Pr.ocedures for City Boards and Coznmissions, and this Ethics I'olicy. 1. As a rep�esentative of the City af Denton, I will be ethzcal. T will act witr� integrzty and n7oral courage. I will 6e absolutely trutliful: I"'vvili"ma�ce impartial decisions tlaat are free of° bribes, unla�ful gifts, nairow political interests and ather persanal inte:rests that might impair my independence of judgznent. I will always ciecide what is best for tl�.e whole city, I will respect confidezlces arid ir�foxination desigXlated "confide��tial" to tl�e extent S,:10ur pocim�eulsVtcsoluliaulOG�F'thlea Policy-MandmailDOC permitted by law. I will use my title and city logo or letterhead only when conducting official City �us�iess and wzll nnt exceed my authority. 2, �:s a representative of the Czty of Deuto�, I wili be sei�viceroriented. I will be friendly, receptive, courteous, arid xespectful to e�veryone. I will be attuned ta ar�d care about the needs and .issues of all Dentan citizens. 3. ,As a representative of the City a�°l]entan, I wili be fiscally respansible. I vvill. rnalce prudent decisions, tal�ing ixzto account the long-term. fina.ncial 1�eeds of the City and its �"inancial stability. I will malce decisions t11at seel� to promote prograxns and servic�s for City residents. 4. ,A.s � representative o#' th� City of l7enton, I wili be cornmunrcative. I wi11 co�unicate that I am approachable, open-minded and willing to enter inta dialog. I will listen caxefully and my respo�se wi11 add value to the conversatiox�. S, As a represeantative o.f the City of Dentan, I will be cooperative. I vvill warl� toward cansensus buildXng alzd gain value �oin diver.se opiiuons. I will approacl�. my position and relationships �ith a positive attitude. I w.i11 consider the broad�r regianal and statewide implications af c�acxsxons. I wrll worlc �with the Universities, DISD, tl�e Lhambers of Con�unerce, other gaverr�.nental entrties, and local nonproiit agencies and others as partriers ori cotrixnon lssues. 6. As a representative o�'the City of.De�n�on, I will be progz°essive and receptive to new adeas. I wi11 promote intelligent and thoughtiul innavatian whenever possible. T wiil' be sensitive to the need for conlprolnise, ta tlunl� creati.vely, and in�.prove existii�g inodels when necessary. I will keep my knawladge of lacal �overnme,nt current and grawiizg. 7, As a re�reseutative af the City of �entan, I wi11 not �e delinqrien.t in paying monfes awed t�e City. I vvill not be in arrears an any city taxes, utility service charges, o� other obligatia�s awed the City. Elected afficials and appointed ofCicials, baards and cnmmissions xnust adhez•e to the fallowing T'exas statutes: Cavii Stat�rtes Open Meetings Act (Tex. Govt. Cadc. Ann. Ch. 551) 1'ublic Znformatioi7 Act/Open Records' Act (Tex. Govt: Code. .�int�r. C1�: 3S2) Conilicfis af Interest (Tex. Loc. Gavt. Code, Ch. 171, Ch. 212) C?fficial Misconduct (Tex. Pcnal Cade, Ch. 36, Ch. 39) Nepotism (Tex. Rev. Civ. Siat, Ann., arts. 5996a & 5996b) Whistleblower Protection (Tex. Rev, Civ. Stat. .A��1,, art. 6552-16a) Page 2 af 3 S,bur DacwncnlsVicsulullaubGLLthics Policy-Arnaudmrnl.UOC Competitive �iidding and Procurement (espec. T�x. Loc. Gavt. Cadc, Ch. 2S2) State Penai Laws Bribery (Tex. Pena1 Code, § 36.02} Caercian of Public Servant or Voter (Tex< Penal Cade, § 3G.03) Iinproper Influence (Tex. Pena1 Coc1e § 36.04} T�nperin� with a Witness (Tex. Pez�al Cnde § 36.(�� "� Retaliatinn (Te�. Penal Code § 36.06) Gifts to Publia Qfficials (Tex. Pena1 Code § 36.08) ()ffering Gi� ta Public Servant (Tex. Pei�al Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct (Tex. Pena1 Coc1e § 39DQ1) Officxal Uppression (Tex. Penal Code § 39,02) Misuse af Official Inforination (Tex. Penal Cade § 3�.03) City Doc�aments In addition, the City of Dentan Cha7°ter, the City Cc7uur�cil Rules aC Procedure, Ciouse Rules axld Gode of Election L;thics are ap}�licable. The �thics Policy xs d.esigned as a positive �uide 1:� the behavior and decoruan af Council and baard members as they represent the citizens �f Denton. I will volu7ltarily accept reprimand fron� �ny caliea�,�aes if I sb.ould act contrary to iJ�is pc�licy. SECTION 2. This resolutiorl shall becozne cffective irnmediately upo� its passage axxd a�praval. PASSED .ANr) APPROVED this the �� day of �, 2006. �� N ___�?�� UL1NE BRIJCK, MAYOR A.TTEST: JENNOE'ER WALTERS, CJ:TY SEC;RETA�'Y� BY: � A�'PILQVEI) AS O LEGAL F()RM: _M.�i� : Page 3 of 3 c:\dacuments and settin�.sljericharldeskroplcommittees reso 3 compare.dpc RESOLUTION NO. R2009- Q� � A RE50LUTION RE-ESTABLISHINCr A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE AUDIT/FINANCE COMMITTEE AND ASSIGNING ]T ADDI?IONAL DUTIES; I�ISSOLVING THE INVESTMENT COMMIT'I'EE; RESCINDING RESOLUTION NO. R2006-013, R200�6-026, AND SECTION V. OF THE ATTACHMENT TO RESOLUTION NO. R20p8-009; FURTHER, RE-ESTABLtSHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE APPOINTEE PERFORMANCE REVIEW COMMITTEE; RESCINDING RESOLUTION NO. R2007-043; �'URTHER RE-ESTABLISHING A STANDING CqMMITTEE OF THE CITY COUNCIL OF TNE CITY O�' DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE CITY COUNCIL COMMITTEE ON THE ENVIRONMENT; RESCINI7ING RESOLLJTION NO. R2005-040; FURTHER, R.E- ESTABLISHING A STAN171NG COMMITTEE OF THE CITY COUNCIL 4F THE CITY OF ][�ENTON, TEXA" 1FOR THE CITY C(JUNCIL ET'H[i�5 COMMITTEE; PUiZTH1ER, ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE; FURTHER, RE•ESTABL[SH1NG A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL MOBILITY COMMITTEE; RESCINDTNG RESOLUTIpN NO. R2005-041; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, � the City of Dentan deems it ta be in the best interest af the City and beneficial to enhanced efficiency of governmental operations ta consalidate the resalutions and ordinances creating the City Council oversight comrnittees; and WHER�AS, the City Councii apines that appaintments to Cnuncil cammittees will be made in a mare timely fashian upon the consalidation of the resotutians and ordinances creatin� these City Cauncil committees; NOW, THETtEPORE, THE COUNCIL OF THE CITY OF I7ENTON HEREBY RESOLVES: TITLE I. RELATING TO THE AU17IT/F'iNANCE CC3MMITTEE SECTI(JN 1. I-iistary af the Audit/Finance Committee and findings. A. On April 18, 2006, the Denton City Council established an Audit/Finance Committee by Resolutian Na. R?006-013 (as amended by Resolution No. R2006-026) ta act as an advisary body to the Denton City Council ta provide governance and oversight of the arganizatian's audit activities, internal cantrols, and �nancial and aperatianal reporting. B. On February 17, 1987, the Denton City Council appraved a resolution crearing an Investment Poiicy and estabiishing an Investment Cornmittee by Resolution No. R$7-p19. c:\documents and settings�jerichar�desktop\comminees reso 3 compare.doc C. The City Council is af the opinian and hereby finds, that it is in the public interest that an Audit/Finance Committee be re-established and that such Committ�e shauld meet regularly to deterrnine �eneral investment strategies and ta monitar such results. SECTION 2. Re-establishrnent of the Audit/F'inanc� Committee and statement of duties and puzpase of the Committee. A. The City Cauncil hereby re-establishes a standing Audit/Finance Committee ta be composed of three (3) rnembers afthe City Cauncil to be appointed by the Mayar and approved by the City Council.. The City Manager, ar his or her designee, will provide guidance and assistance to the Cornmittee and be respansible far ensuring that records are maintained in accardance with requirements of the city secretary's office. B. The Camrnittee members shall serve at the pleasure of the City Council until successars are duly appainted by the Mayor and approved by the Denton City Cauncil. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members af the City of Dentan, Texas. C. The duties and purpose of the Cammittee shali be ta assist the City Cauncil in fulfilling its ar�anizational oversi�ht responsibilities relating to the audit function, the investrnent function, and any ather fnancia! related activities as delegated by the City Council. Furkher, the Cammittee shall assist Council in its oversight duties related to the City's internal audit function as needed ar as directed by Council. SECTION 3. The Investment Committee shall be dissalved and its duties and respansibilities are included in the duties of the Audit/Finance Committee as outlined in Section 2.C. SECTION 4. Resolutions No. R.2006-13, R2006-426 and Section V. af the attachment to Resalution No. R.2009-006 are hereby rescinded. TITLE II. RELATING TO THE CITY COUNCIL APPOINTEE PERFORMANCE REVIEW COMMITTEE SECTION 1. History of the �ity Councit Appointee Perforrnance Review Committee and findings. A. On Decernber 11, 2007, the Denton City Council re-established the City Cauncil Appointee Perfarmance Review Committee by Resolution No. R2007-043 to act as an advisary bady ta the Denton City Council ta recommend performance review standards ta the City Cauncil for City Page 2 of $ c:\dpcumcnts and scttings\jericharidesktop\comminees reso 3 compare.doc Cpuncil appaintees, to include the City Manager, City Attorney, Municipal Court Judge and City Auditor. B. The Dentan City Council finds that it is in the pubtic interest to re- establish the Committee as a standing cornmittee af the City Council. SECTION 2. Re-establishment af the City Council Appointee Perfartnance Review Committee and staternent of duties and purpose of the Committee. A. The City Council hereby re-establishes the City Cauncil Appointee Performance Review Carnmittee as a standing cammittee of the City Cauncil. The Committee shall consist af three (3) City Council members to be appointed by the Mayar of the City of Denton, and appraved by the Dentan City Council. The City Manager will be respansible for ensuring that recards are rnaintained in accordance with requirements af the city secretary's offic�. B. The Comrnittee members shall serve at the pleasure nf the City Council until successors are duly appainted by the Mayor and appraved by the Dentan City Council. The presiding afficer of the Comrnittee shall be chasen anrtually by the Committee. Members of the Committee must be current elected City Council members of the City of Dentan, Texas. C. The duties and purpase af the Committee shall be to assist the City Council in perfarmance review of the City Cauncil appointees and to insure that the appointees' job descriptians are accurate and praperly reflect current job duties in order to rnake recammendations to the City Cnuncil ta assist the Cauncil in evaluating the job performance nf the Cauricil Appaintees. Additionally, the Cammittee will make recommendations re�arding ernployment agreements, including renewais, af council appointee positions and any ather duties as assigned by the City Caunci 1. SECTION 3. Resolutian No. R2007-043 is hereby rescinded. TITLE III. RELATING TO THE COMMITTEE ON THE ENVIROI`JMENT SECTION 1. History of the Committee nn the Environrnent and findings. A. On October 18, 2005, the Dentan City Council established the City Council Committee on the Environment by Resalution Na. R2005-040 to act as an advisory body ta the Denton City Council to address issues facing the Cauncil that deal with Denton's stewardship, management, and canservation af environmental issues, enviranmental resources and related matters. Page 3 of $ c:\documcnls and settingsvericharldesktop\committees reso 3 compare.dac B. The City Council is of the apinion and hereby finds, that it is in the public interest that the City Cauncil Committee on the Environrnent be re- established as a standing cammittee and that such Committee should meet regularly to consider environmental matters impacting the City af I7enton and to recammend appropriate actian to the City Council, as necessary. SECTION 2. Re-establishment of the City Council Camrnittee on the Environment and statement of duties and purpose of the Committee. A. The Dentan City Council hereby re-establishes a standing comrnittee ta be called the City Council Cammittee on the Environment. The Committee shall consist of three (3) City Cauncil members who will be appainted by the Mayor of the City of Denton and appraved by the Denton City Cauncii. The City Manager will be responsible for ensuring that recards are maintained in accordancc with requir�rnents of the city secr�tary's nffice. B. The Committee merrtbers shall serve at the pleasure af the City Council until successors are duly appointed by the Mayor and approved by the Denton City Cauncil. The presiding afficer of the Cotnmittee shall be chosen annually by the Comnrritte�. Mernbers af the Committee must be current elected City Cauncil mernbers of the City of Dentan, Texas. C. The duties af the Committee shall be ta review, discuss, deliberate and cansider enviranmental issues and resources and malce recomrnendations ta the Denton City Cauncil. The Cornmittee will alsa deliberate and malce recammendations regarding any other rnatter delegated to the Comrnittee by the City Council. SECTION 3. Resolutian No. R2005-040 is hereby rescinded. TIT'LE IV. RE�,ATTNG TCJ THE �iTY CCiUN�IL ETHIC� �CIMMITTE� S�CT1C?N l, Histc►ry of the Ciry Co�ancil �'thics Committee and findings. A.. (Jn September 7, 20U4, the Denton City �ouncil establish�d the City Cc�uncil Ethics Committee by t�rdinance Na. 2UQ4-25�, which is b�ing • rescinded by C7rdinance 1�10, 2UQ9-l3i adc�pt�d an thi� d�t�, tc� act as an advisc�ry bady tcr the t�entc�r► City Cc�uncil c�n issues t}�t may aris�e under th�e �thics Pcrlicy for the Ciiy �il�entan. 8. The i�enton City Council � nds that it is in the pubiic int�rest tc� rc- est�blish th� Corir�mittee as a scar�din� cr�mmitte� �f the City Council. Page 4 af 8 c:\documents and settin�,s\jericharWesktap\commiaecs resc� 3 cor�pare.dac SE�TIC1tV 2. Retlestablishrz��ent af the City Council Ethics Committ�e and s�t�t�mer�t c�f duties and purpos� c►f the Cr�rnmittc�e. . A. Th� City Cc�ur��ii h�r�by re-establishes the City Council �thacs Cc�mmittee as a standin� ccrmmitt�� af the City Cauncil. 'The C�c�m�rr►att�e shall cc�nsist c�f thre� (3) City Cc�uncil r�raemla�ers tcr be appc�int�d l�y the Maycar �f tlae �ity caf D�ntan, and apprcrved by the Dentcrn �ity �auncil. Th� City Mana��c, c�r his or h�r desi�n��, shall serve as th� r�ccardin� s�cr�tary tcr th� (�c�mmitt�e and shali provid�e such administrat:iv� ser�vices as , necessary. B. The Cc�mmitt�� members sh�l1 serve at the pl�asur�e af t�e �ity (�ouncil until �uccessors� are duly appc�inted by the Mayor �nd apprcrved by the Il��ntc�r► City C�ruincil. 'l"he presidin� oificer c�f the Cc�mmiti�� shall I�e chasen ar�nually by the Cc►mmitte�. Memb�rs crf the �c�mumitt�e must be � cttrcent �l�ct�d �ity Cc�ur►cil m�r�nbers cr�'the Citg� caf Dentcrn, T�xas. � C, The duties and purpose af the �crmmitt�e sh�ll be ta artvis� the D�nton City Cauancil c�n the Fthics Pr�licy �d tcr �atla�er ir�form�tic�n frc�m t�� Gitiz�ns of T7entan reg�rdin� th+e Ethie� Pcrlicy, ccrnduct hearar►gs a�ad inquiri�s as herein set fe�rth a�r�d cansider other m�tter� �s d�l��ated by the � City Ccivancil. �ECTIQN 3. An ... ers�on, includin , an � �1 �„ . �; ° �r��n�d � �.a� . y p � Y��cted � �rf the City �f I��nt�n, c►r an y persc�n �ct�n g on behalf ai a� rublic or privat� �entit y rna y re qu��t the Cammittee tc► cansider an issue arisin� ur►d�r th� F'thics Palicy by �lin� a wratten l`Jotice c�f Pcrt�ntial Violaticrn, ("Notice"), af th� Ethics Pc�licy with th� �ity Secretary. �"h� City S�cr�t�ry sk��ll ma.ke a cc►py of the l�Jc►tice and provide a copy c�f th� Notice tc� th� �lect�d c�r App�rinted Q!�f'"ic�al whc� is narned in the �datice, and tc� the Chair of rhe Ccrmmitt��e. Within thi�cy days, the �hair shali pl�ce the notice on the A�enda c►f th� Ccrrnmitt��e and the Carnmitt�� shall provici� notic� c�f the me�tirn� ta the El�cted c►r Appa�inted C7ff'ici�l, and meet and ccrnduct hearings�� a� necessary. The Carnmitt�� rnay, in its ciiscretion, determirre to advise the �ity t�c►uncil on the 1"�atice. The Ccrrnmittee may extend this time periad if th� Cc�mmiitee needs �ddition�l infr�rmatic►n ir� crrder ta prc�perly advis� the City Ccruncrl re�ardin� any issu�s raised in tl�e Notice. VI. RELATING TO THE CITY CC7UNCIL HOTEL OCCUPANCY TAX (HOT� COMMITTEE SECTION 1. Histary af the City Council Hotet Occupancy Tax Committee and findings. A. The Denton City Council adapted Ordinance No. 75-53 an December 16, 1975, arnending Chapter 23 of the Cade of Ordinances by adding Arkicle I entitled "Hotel Occupancy Tax" which pravides for the collection of a hotel accupancy taac. Page S of 8 c:\documents a�id scttings\jerichar\dcsktop\commiuees reso 3 compare.doc �. On January 6, 1976, the Denton City Council ei7tered into a cantractual . a�reement with the Dentan Cha�nber af Cc�mmerce to prnnlote tourism and advertise the City of Denton as a patentxal site fiar ptzblic meetings arxd canventions. �. By consensus af the Dentan City Council at their wnrk sessian af September 20; 1994, three representatives of the D�I1tOT1 City Council have served annually on a Hotel Qccupancy Tax �'und C;ommittee to monitar allocation and use of hatel accupancy funds. D. The Denton City Council finds that it is in the public interest to re- establist� the �on�rnittee as a standing comnlittee of the City Cauncil. SECTION 2, Re-estabiishment af the City Council Hatel Occupancy Tax (HOT) Fund Cammittee and statement of duties and purpose of the Committee. A. The City Cauncil hereby re-establishes a standing comrnittee to be callecl the H(7"T' Cornn�ittee. The Committee s}�all be compased ni three (3) members of the City Council to be appointed by the Mayar and appraved by the ��ty Councila The City Manag�r, or his or }1er ciesignee, will prc�vide �u�dance and �ssistance to the Comrnittee and be responsible �or ensuring that recards are maintained in accordance v,�ith rec,uirezzlents c�f th� Cli� S�'CC�i�t°�'S O�C�. Ei. The C�mmittee men7b�rs shal! serve at the pleasure of tf�e City Cauncil until successars are duly appointed by the Mayor and �pproved by the r7enton City Council, Thc presiding of�cer af the Committee shall be chasen annually by the Cornmittee. Members af the Cammittee must he curcen.t elected City Council rnembers of the City of Dentan, T'�xas. G. 'T'he duties and purpose of the Com�nittee shall be to manitar allacation and use of hotel accupancy tax funds, ensurin� funds are being usc;d to directly enhance and promote taurism and the hotel/conventron industry, recan�mend organizations to receive funding to the City C�unr,il, and c�ther duties as delegated by the City Council. SECTiON 3. Me�nbers c�f the Cammittee shall alsa serve �s memt��rs af the Dentan Live Advisary Board. VII. R.EI,,ATING T4 T�-IE CI�"Y CQUNCIL MOBILITY COMMITTEE SECTION 1. �-I�story of Che City Council Mability Cammitt�e and �ndings. A. The Dentan City Cnuncil, on Octaber 18, 2005, heretofore established t11e City Cnuncil Mnbility Gammittee by Resolution No. R2005-041 to act as �'age 6 of 8 c:ldocurnents and settings\jerichar\desktoplcommittees reso 3 cornparc.doc an advisary body to the r�enton City Council regarding local and regianal transportation issues. F3e The 17entart City Council �nds that it is in the public interest to re- establish the Coi�lmittee as a standing committee ofthe City Council. SECTION 2. I2e-establishment of the City Council Mobility Cammittee and statement ai` duties and pur��ase of the Cc�mmittee. A, The City Council hereby re-establishe� a standing corrimittee to be called the Caty Council Mobility Comrnittee. The Committee shall be cnmpased af three (3) rnembers of the City Council to be appainted by the Mayor and approved by the City Council. The City Manager, or his nr her desi�nee, will pcovide �uidance and assistance to the Committee and be responsible far ensurrng that records are maintained in accardance with requirements of the c�ty secretary's office. B. The Conrimitt�e mecnb�rs shall serve at the pleasure of the City Council until successors ar� duly appointed by the Ma}�or and approvec� by the Denton City Gauncil. The presidin� officer of the Comtnitte� shall be chosen annually by the �ommittee. Mernbers of the Committee must. be current �lected �ity Council mernbers of the City of Dentc�n, Texas, C. '�'he duties and purpose af the Committee shall be to review, consider and make recammendatians to the City Gauncil regardin� a��y changes ta the Mnbilrty Plan, lacal firanspartatian policy, any items concerning regional transpnrtation palicies and activities and ather duties as delegated ta the Cc�mr�n�ttee by the City CounciL SECTTON 30" Resolution No. R2005�041 is riereby rescinded. VTII. FF�.};LATiNG TO ALL, CIT`Y 0�' DFNTON CITY COUNCIL CC3MMIT'T`EES, A. ALL COMMI"TTEES are subject to the provisions af Texas Government C,ode �,�551 and S5?, as amendeci, and its rneetings shall be posted in corr�pliance with the Texas Open Meetings Act. Minutes and recards will be rnaintained in accardance with requirements af th� eity secretary's office. 8. This Resolution shall becotr►e effective immediately upon ►ts passa�e and approval, 1'a�e 7 of 8 . __.._ � ._._ ., � �_ �. _ � .. ______. _ .._......_:_ � : _ ---......._ . _... ��ss�� aN� a��ovcz� t�,�s r�,� _1� aay ar...�._. .�...�.., ?oa�. V MARK A. B GHS, MAYOR � AT"I'ES'i'; .JENNIFER WALTEI25, CI"C'Y S�;CRETARI�' SY� A.PPROVED AS TO IaEGAL F'ORM: ANITA �3L;TRC.ESS, CITY ATTORNEY L; Y. � L--�.,, �.`�--� ___. � _____.____. x.._.? ,�....�. � � M.. �. R4. Page 8 af 8 �M �� t,� �* . Any �fficer or employee of the city having a substantial interest, in a business entity or real property, as those terms are defined in chapter 171 af the Texas Lacal Gnv�rnment Cade as it now reads or may hereafter be amended, shall comply with Chapter 171 and, if necessary, shall abstain from voting on a matter invalving the business entity ar real properky and file an affidavif setting fiorth the substantial interest in the matter to be voted upan. (Ord, No. 7�J-fi6, § 2, 12-11-79, ratiticsd 1-99�-£30; Ord. No. 99-057, Arnerid. Na. 25, 2-16-99, ratified 5-1-99) Sec. 14.Q5� - IVejac�tlsi'Tt ,°:.. No persan shall b� appointed to an office or be emplayed by the City of Denton wha is related to any member nf the council within the second d�gree of affinity or the third d�gree of consanguinity, and this shall apply to heads n� departments in their respective departments. °I�his does nof apply to a persan wha was appointed or employed by the r,ity prior ta the election or appointment c�f the cauncil member. (Qrd. Na. 20U6-232, Arner7d. Na. 23, 5-2.8-06, ratifi�d 1�-7-06) City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: , Version: 1 Agenda Information Sheet SUBJECT Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton Page 1 of 1 Printed on 6/5/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0214, Version: 1 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the David Hough Survey, Abstract Number 646, located generally in the 3900 block of Quailcreek Road, located in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Mayhill Road Widening and Improvements Project & Municipal Landfill: Parcel M139 - Robert Donnelly) City of Denton Page 1 of 1 Printed on 6/5/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0219, Version: 1 Agenda Information Sheet SUBJECT Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, City of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, north of Paisley Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P21 & P22 - Singing Oaks Church of Christ) [ID14-0220] City of Denton Page 1 of 1 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0263, Version: 1 Agenda Information Sheet SUBJECT Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the 100 and in the 300 block of East McKinney Street, City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. City of Denton Page 1 of 1 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0264, Version: 1 Agenda Information Sheet SUBJECT Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests located in the 200 block of West McKinney Street, in the City of Denton, Denton, Texas. Receive a report and hold a discussion regarding legal and economic development issues regarding economic development incentives for a business prospect in the Downtown TIF. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations, including the offer of financial or other incentives. Also hold a discussion with the City's attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. City of Denton Page 1 of 1 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0220, Version: 1 AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric ACM: DATE: Howard Martin, 349-8232 June 10, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute the Easement Purchase Agreement (therein so called), as attached to the ordinance and made a part thereof as Attachment l, by and between Singing Oaks Church of Christ of Denton, a Texas Nonprofit Corporation (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of two Electric Utility Easements encumbering a 3.5624 and a 2.0203 acre tract of land, and a Temporary Construction Easement encumbering a 1.1283 acre tract of land (the "Property Interests"), being generally situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, City of Denton, Denton County, Texas more particularly described in Exhibits "A-1", "A-2", and "A-3", and Depicted in Exhibits `B-1", `B-2", and `B-3", respectively; the electric Utility Easements to be used and utilized for the public use of expansion, construction, maintenance, augmentation, operation, and improvement of Electric Transmission and Distribution lines, facilities, and structures, and the Temporary Construction Easement to be used and utilized for the purpose of access, staging of materials and equipment, construction and grading activities relating to the DME Expansion project (therein the "DME Expansion Project"), for the purchase price of Seven Hundred Twenty Five Thousand Dollars and No Cents ($725,000. 00 ), authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P21 & P22 - Singing Oaks Church of Christ) BACKGROUND Offers have been made to the property owner on January 10, 2014, and March 28, 2014 to purchase the captioned land rights in accordance with Ordinance 2013-094. The Owner has engaged in formal negotiation dialogue and counters with the captioned purchase amount, as settlement of the matter. Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase transaction with the property owner. OPTIONS 1. Approve the proposed Ordinance. 2. Decline to approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. City of Denton Page 1 of 2 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0220, Version: 1 ESTIMATED SCHEDULE OF PROJECT Winter 2014-Spring 2015 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Public Hearing November 15, 2011 (Route Approvals) Public Utility Board Executive Session - February 24, 2014 City Council Executive Session - March 4, 2014 Public Utility Board Executive Session and Consent Agenda - June 9, 2014 FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCO'1�. The purchase price of $725,000. 00 plus closing costs as prescribed in the Agreement are to be funded tY�rough these funding sources. BID INFORMATION N/A EXHIBITS 1. Location Map 2. Ordinance Respectfully submitted: Phil Williams, General Manager Denton Municipal Electric Prepared by: Pamela England Real Estate Specialist City of Denton Page 2 of 2 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� EXHIBIT 1 attachment to AIS LOCATION MAP -��% ,.,I;; Denton Municipal Electric Proposed Acquisition Singing Oaks Church of Christ of Denton 300 Q 150 300 600 F E E T �i �% ,, �� ;, �i�'� ��, � l ° Id i i EXHIBIT 2 attachment to AIS s:\legal\our documents\ordinances\14�Singing oal:s counter offer ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE EASEMENT PURCHASE AGREEMENT (HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS ATTACHMENT l, BY AND BETWEEN SINGING OAKS CHURCH OF CHRIST OF DENTON, A TEXAS NONPROFIT CORPORATION (THE "OWNER"), AND THE CITY OF DENTON (THE "CITY"), REGARDING THE SALE BY OWNER AND PURCHASE BY THE CITY OF TWO ELECTRIC UTILITY EASEMENTS ENCUMBERING A 3.5624 AND A 2.0203 ACRE TRACT OF LAND, AND A TEMPORARY CONSTRUCTION EASEMENT ENCUMBERING A 1.1283 ACRE TRACT OF LAND (THE "PROPERTY 1NTERESTS" HEREIN), BEING GENERALLY SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 927, CITY OF DENTON, DENTON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBITS "A-1", "A-2", AND "A-3", AND DEPICTED IN EXHIBITS "B-1", "B-2", AND "B-3", RESPECTIVELY; THE ELECTRIC UTILITY EASEMENTS TO BE USED AND UTILIZED FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE, AUGMENTATION, OPERATION AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES AND STRUCTURES, AND THE TEMPORARY CONSTRUCTION EASEMENT TO BE USED AND UTILIZED FOR THE PURPOSE OF ACC�SS, STAGING OF MATERIALS AND EQUIPMENT, CONSTRUCTION AND GRADING ACTIVITIES RELATING TO THE DME EXPANSION PROJECT (HEREIN, THE "DME EXPANSION PROJECT"), FOR THE PURCHASE PRICE OF SEVEN HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND 00/100 ($725,000.00); AUTHORIZING THE EXPENDITURE OF FUNDS, THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") made an initial offer to the Owner on January 10, 2014 to purchase the Property Interests; WHEREAS, Owner has made a counteroffer to the Initial Offer of City; WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to agree to same; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The City Council finds that a public use and necessity exists, and the public welfare and convenience require, the acquisition of the Property Interests by the City of Denton, Texas (the "City"). The City Council hei•eby finds and determines that the acquisition of the Property Interests is necessary for public use to expand and improve the Denton Municipal Electric Distribution and Transmission System to serve the public and the citizens of the City of Denton, Texas. SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for and on behalf of the City (i) the Easement Purchase Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Attachment 1, with a purchase price of SEVEN HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND 00/100 ($725,000.00), plus certain costs, as prescribed in the Easement Purchase Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Tasement Purchase Agreement; and (b) to make expenditures in accordance with the terms of the Easement Purchase Agreement. SECTION 4. If any section, article, paragraph, sentence, phrase, clause or ward in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. This ordinance shall become effective iminediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY t� � � � By: �� \ � �w, �i..-� c z- a �i 2 EXHIB{T °A-1 ° LEGAL DESCRIPTION ELECTRIC �ASEMENT BEING A 3.5624 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. 5URVEY, ABSTRACT NUt,�BER 927, DENTON COtJNTY, TEXAS, AND BEING A PORTION OF TNAT CERTAIN 32.0303 ACRE TRAC7 OF LAND DESCRIBED IN A DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012-141313 OF TNE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 3.5624 ACRES BEING MORE PARTICULARLY DESCR(8ED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the north line ot the above cited 32.Q3Q3 acre tract with the west line of Sfate Highway �oop 288 (a variabie width right-of-way), from which a 1/2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feef, said point also being in the south line of a called 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141312 of said Real Property Records; THENCE North 89°50'37" West, along the common line between said 32.fl303 and 34,9029 acre tracts, a distance of 255.50 feet to a point for corner at the POINT bF BEGINNtNG far the herein described tract; i'HENCE leaving said common fine, and over and across said 32.0303 acre tract the following 3 courses and distances: South 00°24'40" West, a distance of 673.37 feet to a point for the mosi easteriy southeast corner hereof; North 89°29'28" West, a distance of 1,309.81 feet to an angie point hereof; South 89°09'29" West, a distance of 155.18 feet to a point lying in the north line of Paisiey Street (variable width R-O-W Document Number 2005-56077 of said Reaf Property Records), also being the beginning of a non- tangent curve to the left having a central angle of 01°06'44", a radius of 225.04 feet, a chord bearing of North 81 °42'S6" West and a chord tength of 4.32 feet; THENCE along the norih line of said Paisiey Sfreet and said non-tangent curve to the left, for an arc length of 4.32 feet to a poini in the east right-of-way fine of Mockingbird Lane (60' R01M, being the most westerly southwest corner hereof; 7HENCE with said east right-of-way iine of Mockingbird Lane (60' F2-O-W Voiume 3162, Pages 700, 710 & 716 Deed Records Denton County, Texas} the foilowing 2 courses and distances: North 00°36'01" East, a distance of 1 Q.64 feet to a point for corner aiso being the beginning of a non-tangent curve to the left having a central angle of 11 °06'00", a radius of 330.00 feet, a chord hearing of North Q4°53'16" West with a chord length of 63.83 feet; Northerly aiong said non-tangent curve to the left, an arc length of 26.Q8 feet, passing a 5/8 inch iron rod with cap stamped "TNP" set for referencing at the centeriine of the herein described tract at a distance of 26.09 feet, and continuing for a tota! arc distance of 63,93 feet to a point for the most westeriy northwest corner hereof; THENCE leaving the east fine of said Mockingbird Lane, and over and acxoss said 32.0303 acre tract the foilowing 3 courses and distartces: North 89°09'29" East, a distance of 164.62 feet to a point for a corner; South 89°29'28" East, a distance of 1,235.67 feet to a point for a corner; North 00°24'40" East, a distance of 598.08 feet to a poinf lying in the common line between said 32.0303 and 34.9029 acre tracts, for the most northerly northwest corner hereof; THENCE South 89°35'20" East with said common line, passing a 5/8 inch iron rod with cap stamped `"fNP" set for reference at the centerline of the herein described tracf at a distance of 37.5b feet, and continuing along said line a tota4 distance of 75.00 feet to the PO[NT OF BEGlNNING, and containing 3.5624 acres of land, more or less. ��..ofi rF To d B. Turner, R.P.L.S. �i'F.��sT�RE'C' q Jan. O7, 2012 y' � � °`r Sep. 20, 2012 — Fieid •.:•.'i�e'e.� niaN�i.:�`. Revised: Sep. 30, 2013 ••M�•••,•"••••.•••••`f "• Address Schedula B ifems "° ��9 <� T.B.P.L.S. Firm 40011601 ) �q;�•°.fi�ssro �fo2- �,u,.R��'" SHEET 1 OF 2 EXH I B lT "�-1" SINGtNG OAKS CNURCH OP CHRIS7 OF DENTON � DOC. No. 2052-ta1312 POINT OF � � R.P.R.D.C.7. B�GIN�ING I 1 (CALIED 34.9029 ACRE TRACT) � � t/e� tnF se�xs L3� ' ,+ 8�s�•�,� E z.rs• �( ! � N 89'S0�37" W - - - - �(y��`� - - - - a/e'rns � 255.50' �Q aog ��j1� sr,urrr�rn ' � j i p\�� h� o�aQo �'�C�4 �� rn: i Mi i G� ��NG � � ��q ° �r' � �; � \ �� $INGING OAKS CHURCH OF CHRIST OF DENT�N �� \INGRESS-ECRESS dc UT7UiY ESl�'. D�,� VOL, 3162, PGB. 7CO3 710 & 7Y6 � D.R.D.C.T, � � � lto�,,, roc eu �oa) � �r,,� \� SEE OETAI �� B�_E�L�W� \ \ rs' ' ..�v ., �' . � --.-.ret�a,ai at. - _. R-O-W OONATION A DOC. No. 2005-560 `��S� R.P.R.D.C.T. Y 35' T.C.� � O �(, Y SEPARA'fE f � � ,� � S � �i�lN�� ST.t7�e'n '!Na' �yN`� �y ��Easement � L2 . 1 � �1 1np.eoz SCALE: i"=100' A`�rsl�, DETAIL y s„ OOC. No. 201 2-7 41 31 3 w ° � � R.P.R.D.C.T, O !„� �I iNC�ESS-ECRess & Utiuiv 6sllr. (CALLED 32A303 ACRE 7RAC?) � �: � r VOL 3182, PG'S. 703, 708 & 719 O.R.O.C.T. (73n, SOo E� tOr) L 35' TE4PIXtIRY CONSTRUC110N E�.£uENT csv s�ruv.� run .-- --. . -- ... sr snxvsr �nrs LINE � BEARING DISTANCE �1 S 89'09'29� W 155.48 L2 N 00'36 01 ° E 10.74 L3 S 89'35 20" E 75.OQ' N {� �� wo�i t' 16' SAN, SE'JtF� c5h1'., O W �� a� I � VO4 1557, PG 935 O� � N� F � x �j O.R.D.C.i. O �o�° (�p') °�e�°rs Z �� Oj ��"' � a ^ '" N 89`29'28" W �pA COURT� a� W, PG. 220 p R.D.C.T. _ � ____—., � � ��. � � ma c.w 1 � _.r--.n--'------r_�F±A,x1'f2.'�_ _ �'1 �I �� O r"_ o > O � .a i � � n r.� f� --' ._. __..�._ _.�.__.....__._- - —'---'- - ' Eosement � � � , � z : I 1309.81'�`� ` � � � d ° T S/e' G7RF' � \ B�� t7 � c �OMA DEL REY � APAR'fT.fENT COMPIEX STH N ECTI ON ��i 1`''a I C A B. A, P A G E 1 3 9 I H J0� OL. 15, PG. 24 (V' I� I P.R.D.C.T, � x C P.R.D.C.T. a i � U � E ¢ � v 2Q' SkN. SE4�e.R ES1AT. '�+ VOL. 5131, FG. 3E7 [� and � CJi VO:. 1t37, PG. 238 � D.R.O.C.T. (tOJ & t01) � NOTES: THIS EXHIBIT WAS PREPARED N1TN iNE BENEFiT OF TITLE RESOURCES GUARANTY COMPANY COMMITMENT FOR 71TLE INSUftANCE, GF N0. 112108, EFFECIIVE DATE� JULY 16. 2013 THE F6t.LOWING SCHEDULE B IiEMS DO AFFECT THIS TRACT, AS SHOWN: 10t, tOj, tOk, 101, tOm, tOn, t0o, tOp, tOq and tOr. lhis tract is subJect to the Eosemant axecuted by F.J. Miller to Texas Power & lighf Company fileC Juiy 31, 1957, recorded in Volume 431, Poge 165, D.R.D.C.T. (Schedufe B item tOh), however, the easament is not plottabie and no evidence of polas or guys was observed at the time of the survey. BASIS OF BEAKING: Bearings are based on the Te�s State Piane Coordlnete System, No�th Central Zone (NAD83). Todd B. Turner, R.P.L.S. Jan. O7, 2013 Sep. 20, 2012 - Fieid Revised; Sep. 3Q, 2013 (Address Schedule B rfems} T.B.P.L,S. Firm 10a11601 �E.•� F��a� sr F �P'�G� eRFO 9 �Ui: �`" '� .N o>,a>..a.>a.e>.>ae<so.e.e>a.e TODO B. tURNER e<a.e R..e4859��P;° � \�aF \ �� suR� yo `��p 0 150' 300' 600' �` SCALE: 1" = 30Q' 3.5624 ACRES Situoted in the M.E.P. & P.R.R. Survey, Abstract No. 927 City of Denton Denton County, Texas JOB N0. DME13222 � �� :"1. OF teague nali 8� perkins � 1517 Gntn Ptoa Drlv�, Su{N 320 Den+en,Tuco�T640S 940.38J.4177 ph 940,383.8026 Rc www.inptnt.wm EXH{BlT °A-2 ° LEGAL DESCR{P'TION ELEGTRIC EASEMENT BEING A 2A203 ACRE TRACT �F LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, ALSO BEING A PART OF THAT CERTAIN 34.9029 ACRE TRACT OF LAND DESCRlBED IN QEED TO SlNGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED lN qOCUMENT NUMBER 2012- 141312 OF THE REAL PROPERTY RECOF2DS OF DENTON COUNTY, TEXAS. SAlD 2.0203 ACRES BEING MORE PRRTfCULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the south line of the above cited 34.9029 acre tract with the west line of State Nighway �oop 288 (a variable widih right-of-way), from which a 1/2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feet, said point aiso being in the north line of a called 32.0303 acre fract of land described in a deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2Q12-141313 of said Real Property Records of Denton County, Texas; THENCE North 89°50'37" West, along the common fine between said 34.9029 acre tract and said 32.0303 acre tract, a distance of 255.50 feet to a point for corner at the POINT OF BEGINNING for the herein described tract; THENCE North 89°50'37" West, along said common line, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 37.50 feet, and continuing along said line for a tota! distance of 75.00 feet to a point for corner; TWENCE North 00°24'40" East, leaving said common line, over and across said 34.9029 acre tract, a distance of 541.44 feet, to a point for comer at an angle point; THENCE North 81 °55'36" West, continuing over and across said 34.9029 acre tract, a distance of 216.29 feet to a point for comer at an angle poinf; THENCE North 44°22'07" West, continuing over and across said 34.9Q29 acre tract, a distance of 169.99 feet to a point for corner lying in the north line of said 34,9029 acre tract, a(so being the south line of a calied 26.4732 acre tract of land as described in a deed to the City af Denton, as recorded in Qocument Number 2012-129326 of said Real Property Records; THENCE South 89°37'25" East, with the north line of said 34.9029 and the south line of said 26.4732 acre tract, a distance of 236.32 feet to a 1!2 inch iron rod found for the southeast corner of said 26.4732 acre tract and the southwest corner of that certain 5.106 acre tract of land descri6ed in a deed to Saratan Corporation i, as recorded in Document Number 2004-98930 of said Real Property Records; THENCE South 89°28'41" East, along the common Iine of said 34.9029 acre tract and said 5.106 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 135.28 feet, and continuing along said line for a totai distance af 172.78 feet to a point for corner, from which a 1/2 inch iron rod found for reference in the west line of State Highway �oop 288 bears South 89°28'41" East, a distance of 273.38 feet; THENCE South 00°24'40" West, departing the south fine of said 5.106 acre tract, and over and across said 34.9029 acre tract, a distance of 690.42 feet to the POINT OF BEGINNING, and containing 2.0203 acres of 1and, more or less. ! ; � Todd . Turner, R.P,�.S. Jan. 07, 2013 Sep. 20, 2012 — Field Revised: Sep. 30, 2013 (Address Schedule B items) T,B.P.L.S.Firtn 1001160t �'�P' �f'� � 5 T ��fd ±.�'� �'. ¢ � .»..�... ........... T000 s, n�ak� ......................... v.. 's,a 4859 •.r � ' �H��S U Rv �C'y�� Sheet 1 of 2 an oF oEr++ror�, �cx,�s DOC. NO. 2Q12-129326 RA.R.D.C.T. (CALLE6 26.4732 ACRE TRACij S 89'37'25" E 236.3 � .� ., • � EXH1B(T �B-2^ DOC?N0.2�004�98930' . R,P.R.D.C.T. 4. si¢� S 89'28'41" E 172.78' [N 89'33'02 W 944.56'] PA5S 5/8" IRS f%ITN -� CAP STAMPED "TNP" AT 135.28' �G��S 0� 2 02 SINGING OAKS CHURCH OF CHRIST OF DENTON DOC. NO. 2012—t4t312 R,P.R,D.C.T. (CALLED 34.9029 ACRE 7RAC7� 0 50' 100' 20Q' SCALE: 4" _ 'f OQ' U i I ww � i 4+ vSS ' f w; � �w f � � � I I I � � I � I I I W , � � � I N �c I o °� � O ,� i Z � itl�.t 1 � I � ' t ; � � � r � r ! r+o�s 37.5Q' THtS EXiil61T WAS PREPARED VATH THE 9ENEFlT OP 11Ti.E RESOURCES GUARANTY COidPANY COAt1A(TAIENT FOft TITLE MSURANCE, GF N0. 112097, EfFEC11vE DAiE: APRIL 76, 2013 TNE FOLLOKING SCNEDULE 8 ITEMS DO AFFECT TNIS 7RACT AS SHOVM: tOh THE fOLLOHINC IlEMS 00 N0T AFFECT TF{IS TRACT AS SHOKN: tOg. Eoaemant exacuted by F.J. 1Anler to Texas Power k Ught Compony filad July 31, 1957, reeerded in Volume 431, Pag� 165, D.R.O.C.T. 501. Easement executed by Euqento Porter Rayzor to the City of De�ton. Texas ftled FeDruary 20, 7992, recorded tn Vdume 3162, Page 698, R.P.R.D.C,T. BAS[S OF BEARING: Bearings are based on the Texas State Plane Coordinate System, North Centrai Zone (NAD83), Totl�"B. Turner, �.P.L.S. Jan. 07, 2013 Sep. 20, 2012 - Fiefd Revised: Sep. 30, 2013 (Address Schedule B items) T.B.P.L.S. Firm 100116d1 N 89'S0'37" W ' i i i I (CALLED 5.106 AC72E TRACFj . ��- S 89'28'47" E 273.38' 1/2" IRF _ � _ ._ 1 I t � I 1 1 � i i �M , � W� � � TXDOT � a � ,.� j ALUM. � o o I MON. �$�� I Q�d I � I �'y I ! N � I N I � � � � O O i � Q 2 V ��, � i r � I � d o I � � StNGING OAKS CHURCH OF CHRIS7 i� m OF DENTON DQC. N0. 2012-141312 � H R.P.R.D.GT. I � � (CALLED 34.9029 ACRE TRACT} h �( i Q W N � � �1i � � I rn � � I TXDOT � ALUM. 3 � MON. x r � I ' t O 1 �j °c �� I o r �v po�'op�JO' �r� I M� °��d��`a�` � I !� � � I � i 1 � I � � I POINT OF POINT OF i COMMENCING �BEGINNING � � N 89'50'37" W 255.50' �� - - - � 1/2" IIZF BF,ARS SINGING OAKS CHURCH OF CHRIST N 89'38'3B" E OF DEN70N 2.79' DOC. N0. 2012-141313 PASS 5/8" IR5--� R.P.R.D.C.T, TiITH CAP STAMPED (CALLED 32.0303 ACRE TRACT) 'TNP' AT 37.50' 1 ��"�0��"TF �P,� �sreRF•.-f- i�.•4� G � ��'� � .... o ... ............. ........ TODD B. TURNER e.e�•.A....4859>.. P o. . �;q�'�F�SS� �s� CG�L ��'•.......• �l �\.� s u R� 2.0243 ACRES Situated in the M.E.P. & P.R.R. Company Survey, Abstract 927 City of Denton Denton County, Texas JOB N0. DME13222 SHEET 2 OF 2 teague nall & perkins �� 1517 Centre Pka Wive, Soite 320 Osnlon, iexos 76403 � 940.383.4177 ph 940.383.802b fx wvrw,Mpinc.com �xHteir "A-3" LEGAL DESCRIPTION TEMPORARY CONSTRUC710N EASEMENT BEING A 1.1283 ACRE TRACT OF tAND SITUATED IN THE M.E,P. & P.R.R. SURVEY, ABSl'RACT NUMBER 927, DENTON COUNTY, TEXAS, AND BElNG A PORTION OF 7HAT CERTAIN 32.0303 ACRE 7RACT OF LAND DESCRIBED tN A DEED TO SINGING OAKS CHURCH pF CHRIST OF DENTON, AS RECORDED lN DOCUMENT NUMBER 2012-141313 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 1.1283 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FQLLOWS: COMMENCING at a point for corner at the intersection of the north iine of the above cited 32.0303 acre tract with the west line of State Highway Loop 288 (a variabie width right-of-way), from which a 1l2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feet, said point aiso being in the south line of a called 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ of benton, as recorded in Document Number 2012-141312 of said Reai Praperty Records; THENCE North 89°50'37" West, along the common line between said 32.0303 and 34.9029 acre tracts, a distance of 330.50 feet to a point; THENCE South 00°24'40" West, leaving said common line, over and across said 32.0303 acre tract, a distance of 562.91 feet to a point for corner at the POINT OF BEGlNN1NG for the herein described tract; THEtVCE over and across said 32,0303 acre tract the foliowing three courses and distances; South 00°24'40" West, along the west line of a proposed 75 foot power iine easement a distance of 35.00 feet to an angle point hereof; North 89°29'28" West, along the north iine of the said power line easement a distance of 1,235.57 feet to an angle point hereof; South 89°09'29" West, continuing along the norEh line of said power line easement, a distance of i64.62 feet to a point lying in the easf line of Mockingbird Lane (60' R-O-W Volume 3162, Pages 700, 710 & 716 Deed Records of Denton County, Texas), also being the beginning of a non- tangent curve to the left having a central angle of 06°13'S7", a radius of 330.00 feet, a chord bearing of North 13°33'14" West and a chord length of 35.88 feet; THENCE along the east line of said Mockingbird Lane, and said non-tangent curve to the left, for an arc (ength of 35.90 feet fo a point for the most northwest comer hereof; THENCE departing said east right-of-way line of Mockingbird Lane over and across said 32.0303 acre tract the following two courses and distances; North 89°09'2S" East, a distance of 172.93 feet to a point for a corner; South $9°29'28" East, a distance of 1,235.92 feet to a point for a corner at the POINT OF BEGtNNfNG, and containing 1.1283 acres of land, more or less. � .,— "�-,,�..� To B. urner, R.P.L.S. �� Sep. 30, 2013 T.B.P.L.S. Firm 10011601 �� •.TF pr6�s�fR -i- Git Q'� '�'' �� ''�ct� .. :.....................:... roo� e. niaK�t • sy.��a��u��a�.s•H�•�yr�. S.o 4858 � .•' ��°�'e s s � °.? a� ��h � ��f.� SHEET 1 OF 2 EXH{BIT nB-3n SiNCING OAKS CHURCH OP CHRIST OF DEN70N DOC. Na 2 07 2-141312 R.P.R.D.C.T. (CALLED 54.9029 ACRE TRACT) ��\ INGRESS—EGRESS dt U71UTY ESA4T \�, � VOt. 3762, PG'S. 70p, 7t0 & 11 �� o.R.o.c.r. \ GQd (tOm. 7QP da 10Q) \ \ SEE DETAi eE�ow � ,. L3 . R-p-W DONAi DOC. No. Z005-. R.P.R.D.C.7. --- -- g�� -- -- --- �p o�o��Oo g?� �o � LV" �o�U�"'�� SINGING OAKS CHURCH OF CHRIST OF DENTON g DOC. No. 2012-741313 R.P.R.D.C.T. �NCaess-6cRESS � unun' Es�+r. (CALLED 32.0303 ACRE 1RACt) VQI. 3162, PG'S. 703, 708 tt 7t9 L b.R.D.C.T. (ia+, �oa a� ia) POINT OF BEGINNIfVG S 89'29'28" E 1235.92' ??' '. `�.�:�-. '�.� �'ss'�:" 7:E:sd;c++r�;�s;:µ',;A.�"'.',��-�=�3� �w=�x'��'.�a�.t.r. �a' e�cm�c t�a+T N 89'29'28" W 1235.57' (8Y SEPARA7E PLtY� � A c� ::....35 T.C.E. ': ...• .. � z -S 89'09'29'�' Yd. •164.62'� � %///�/ � %5 P.U.E. � � {gY SEPARAIE PLAT) // _«Il_s!�!�Y ------i --------__ �^'------A APP1�iQL.9Ul49EYIXA3' SCALE: 1"=100' Sl,�.�, qr DETAIL sa AA� Ri � - W, PG. 220 76' SAN. SEwER ESMT. � a R.D^C.7, p \'01., i531, PC 935 gLOCK 17 �' D.rtO.C.i. SINGING OAKS, � __�..� �� (tot) b1H SECTiON 1 1 e �.�y 15, PC. 24 (�Y-1 Q 1 � P.R.D.C.T. � � ¢ ( U � CURVE RADlUS ARC IENGTH CHORD LENGTH GHORD BEARING DELTA ANGLE C1 330.00' 35.90' 35.88' N 13'33'14" W 06'13'57" NOTES: 1NIS EXHIBIT WAS PREPAREO N9TH TrIE EENEflT OF T1TLE RESOURCES GUARANTY COMPANY COMt�IiMENT FOR TITLE INSURANCE, GF N0. 112708, EFPECTiVE DATE: JULY 16, 2013 THE fOLIOWING SCNEDUIE B ITEMS DO AFFEC7 THIS TRACT, AS SHOYM: ipl, tOj, 10k, 101, 10m, tOn, t0o, 10p, tOq and 10r. � � I � I � I � � N 89'50'37" W t�z' ysr neus � � 330.50' x as�e'se• a 2.;v - �---� - - � �� i i ° P��N G�� n i i� i i Go��,�� i 1 ' � � I I � � � � ! ¢ I i i I N � "'"'� I I+- ol �i i =" oi � �i � � (�� ji j �a�y � � i� t =��° i 4 � � o=� a � i � � �� O °�� l I 1 I o� � O � � � � a Q �I 1 - � � --- � tz- �1 _ �.C=i _ _ ` � o _ 5/d• °� � ( LOMA DEL REY �y W APARTMENT COAIPLE7( � � t CAB. A, PAGE 139 �q � P.R.D.C.T. � � H � � wv � 20' SAN. SEWER ESMT. � VO4.. �731. PG. 397 � ond � VQ(., t137, FG. 238 � D.R,O.C.T. �,oJ & ,o�� i �� tnp 0 150' 300' 600' � �� SCALE: 1" = 300' Thls tract is subJect to the Easement executed by F.J. Mil;er to Texos Power & �igh} Compony filed July 31, 1957, recorded in Volume 437, Poge 165, O.R.D.GT. (Schedule B Item tOh), however, the easemeat is not piottable and no evldenca of poles or guys was observed at the ttme of the survey. BASIS OF BEAF2ING: TEMPORARY CONSTRUCI'ION EASEMENT Beartngs are based on the Texas State Piane �� Z� g 3 A C RE S Coordlnate Systam, North Central Zone (NAD83). � {/�'�'�'�'''_'' Todd B. Turner, R.P.L.S. Sep. 25, 2013 Sep. 30, 2012 - Field (Address Schedule B ifems) T.B.P.L.S. Firm 10011601 � .0 F ,, T� �P ��sTFRFO 9 i �; �- � �, ...................... �....>. TODD B. 1i1RNER �. .,A....4859� �P ;� . \N��SUR�Ey� Situated in the M.E.P. & P.R.R. Survey, Abstract No. 927 City of Denton Denton County, 7exas JOB N0. DME13222 C; } �`�,�i;� � teague na}! & perkins � �si�am�.w«.o�;�..,wx.sso o«�ro�, t.�� asos 9aoaea.4tn �n �to.sea.eme � www.Mpine.eom Attachment 1 to Ordinance Easement Purchase Agreement NOTICE YOU, AS OWNER OF THE EASEMENT LANllS (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT RF.GARDING 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 .��ec �--Y , 2014, between SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation (the "Owner"), and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, S1NGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation, is the Owner of two tracts of land {the "Land"} in the M.E.P. & P.R.R. Survey, Abstract Number 927, Denton County, Texas being affected by the public improvement Project called the Spencer Transmission Line Project ("Project"); and WNEREAS, 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. At Closing, the Owner shall grant, execute, and deliver to the City both permanent and temporary construction easements, the scope, location and duration of which are described and shall be memorialized in an Electric Utility Easement (herein, the "Easement"), the form and content of which is shall be substantially similar to the Attachment 1 which is attached hereto and made a part hereof for all purposes as if set forth herein verbatim. "I'he Easement shall grant, sell and convey permanent easements in, along, over, upon, under and across the tracts of land being described in the Exhibits "A-1" and "A-2" and depicted in Exhibits "B-1" and "B-2" attached to the Easement, respectively, and a temporary construction easement in, along, over, upon, under and across the tract of land being described in Exhibit "A-3" and depicted in Exhibit "B-3" also attached to the Easement. As stated in the Easement, the permanent easement shall be granted for electric utility purposes, and the temporary construction easement shall be granted for construction purposes, the purpose(s), scope and duration of which are further set forth and defined in the Easement. The lands described and depicted in the Exhibits attached to the Easement are collectively referred to herein as the "Easement Lands". 2. As consideration for the granting of the Easement and other damages {if any) and matters described herein below, the City shall pay to Owner at Closing the collective, aggregate sum of --��`'��1 ��`�'`-�r?��-� ��f�,�s--7 f�Y�-, i��s�,u�ind no/100 DOLLARS ($ �ZS, �� .00) as Total Monetary Compensation. 3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all compensation due Owner by City related to the Project and purchase of the Easement Lands, including without limitation, the purchase price of the easements conveyed, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of any z ��,. ,-, � , � improvements, turf, landscape, vegetation, or any other structure or facility of any kind located within the Easement Lands related to activitics conducted pursuant to the Easement, interference with Owner's activities on the Easement I_ands or other property interests of Owner caused by or related to the Project and/or activities related to the Easement, whether accruing now or hereafter, and Owner hereby releases for itself, its successors and assigns, City, its ofticers, employees, elected officials, agents and contractors from and against any and all claims they may have now or in the future, related to the herein described matters, events and/or damages. 4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525 South Loop 288, Suite # 125, Denton, Texas 76205 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 60 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). The Owner shall convey the Easement free and clear of all debts, liens and encumbrances. The Owner shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances and other curative efforts affecting the Easement, if necessary in the discretion of the City. 5. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. All other typical customary and standard clasing 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 O�vner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of such default and 3 opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance or termination of this Agreement. 8. In the event City shall default in the performance of any covenant or term provided herein, and such default shall be continuing after tcn (10} days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of sttch election to City; or (ii) enforce specific performance of this Agreement. 9. THE LAWS OF "THE S1'�TE OF TEXAS SHALL CON`I'ROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, 'I'EXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COUR'I'S 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. 1 l. Any notices prescribed or allowed hereundcr to Owner'andlor City shall be in writing and, except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: 4 OWNER: CITY: Phone Copies to: For Owner: City of Denton Paul Williamson Real Fstate and Capital Suppori 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For City: John Kelsey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 "1'elecopy: ___ 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, `I�exas, to Phil Williams, General Manager, Electric Administration of Buyer, or his designee. 1 S. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity other than the City that might result in the taking of any portion of the Easement Lands, City may, at its election, terminate this Agreement at any time prior to Closing. 5 16. If the Closing Date or day of performance of any act required or permitted hereunder falls on a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case may be, shall be the next following regular business day. CITY OF DENTON, TEXAS By: GEORGE C. CAMPBELL, CITY MANAGER Date: , 2013 ATTEST: JENNIFER WALTERS, CITY SECRETARY I� Date: 2013 APPROVED AS TO LEGAL FORM: Kelsey, Kelsey & Hickey, PLLC Richard H. Kelsey John E. Kelsey Scott W. Hickey Attorneys for the City of Denton BY: Date: 2014 Owner: SiNGING OAKS CHUR �-� OF CHR�T OF DENTON, a Texas non it corpo tion / � ; I3y: - , Steve Speck, Secreiary Date: � 7. Z � , 2014 . S1NGING a Texas � I: Printed �'� CHURCH OF CHRIST OF DENTON, ��"..�.�°��i�=��',�,��..�i� �'� Title: /� ��/—�/r•-- Date: ��,��,�_, 2014 SINGING OAKS CHURCH OF CHRIST OF DENTON, a "I�exas nonprofit corporati n By; �. Printed Name: �` � � Title: � � � � �-� . K� � i ��.,.. Date: S ( 2-2--' , 2014 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, "I'itle Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terrns and provisions of this Agrecment 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 amcnded 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 Teiephone: (940) 38l -1006 Telecopy: (940) 898-0121 : Printed Name: Title: Contract receipt date: , 2014 8 ATTACHMENT 1 TO EASEMENT PUKCHASE AGREEMENT NOTICE OF CONFIllENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PR�PERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS COUNTY OF DENTON ELECTRIC UTILITY EASEMFNT § § KNOW ALL MEN I3Y THESE PRESENTS: § THAT, SINGING OAKS CHURCH OF CI-{RIST OF DENTON, a Texas nonprofit corporation (the "GRANTOR"), for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, 'I'exas 76201 ("GRANTEE") has granted, sold, and conveyed and by these presents does grant, sell and convey unto the GRANTEE perpetual, exclusive and unobstructed easements and rights of way and a temporary construction easement (collectively, the "EASEMENT") for the purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or above ground electric transmission and electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components (collectively referred to herein as the "FACILITIES"), in, on, over, under and across that certain real property situated in Denton County, Texas, being approximately 3.5624 acres and 2.0203 acres and being more particularly described in Exhibits "A-1" and "A-2", and illustrated in Exhibits "B-1" and "B-2", attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY"). GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve, reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove or replace such FACII,ITIF,S within the FASEMENT PROPERTY as GRANTEE may from time to time find necessary, convenient or desirable, along with all rights necessary or convenient for full usc and enjoyment of the above grant, including access over, across and upon the EASF,MEN'T PROPERTY. GRANTEE shall have the right to trim or remove trees or shrubbery within said F,ASFMF,NT PROPERTY, to the extent, in the sole judgment of GRAN'I'EE, 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 EA5EMENT PROPERTY or impound water within, over and/or across the EASEMENT PROPERTY without prior written eonsent of GRANTEE. Por the same consideration GRANTOR does hereby grant, bargain, sell and convey unto GI2AN'TEE a temporary workspace or temporary construction easement (the "Temporary Construction Easement") on, in, upon, under, over, through and across that certain real property situated in Denton County, Texas, being approximately 1.1283 acres and being more particularly described in Exhibit "A- 3" and illustrated in Exhibit `B-3" (the "TEMPORARY CONSTRUCTION EASEMENT PROPERTY") for the use by GRAN'1'EE, its agents, employecs, contractors, subcontractors, workmen, and representatives only in connection with and during the original construction of the FACILITIES. GRANTEE, its agents, employees, contractors, subcontractors, workmen, and representatives shall: 1) have the right of ingress, egress and regress in, along, upon, under and across said TEMPORARY CONSTRUCTION EASEMLNT PROPERTY for the purpose of access, staging of materials and equipment, construction and grading activities or any part thereof, and; 2) without the payment of additional consideration, have the right to clear and remove from the TEMPORARY CONSTRtJC'I'ION EASEMENT PROPERTY such fences, signage, buildings, vegetation and trees 2 and other obstructions as may now be found therein. The Temporary Construction Easement shall commence on the date of the "Contractor Notice to Proceed" to begin construction of the FACILITIES and terminate two (2) years from such date of the "Contractor Notice to Procecd". GRANTOR, for itsclf, its successors and assigns, subject to the terms herein, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT andlor the exercise of GRANTE�'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 hereo£ Upon written consent of GRANTEE, such consent to be exercised at the sole discretion of GItANTEE, other utility providers may be permitted by GRANTEE under separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion of GRANTEE. GRANTEE, at GRAN"I'EE'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 �ASEMEN"I' PROPERTY. GRAN"I'OR 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 ("tJNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not construct, and GRANTEE shall havc the right to prevent the construction of, LJNPERMITTED 3 STRUCTURES on the EASEMENT PROPER'I'Y and if any LTNPERMITTED S`I'RUCTURES are hereafter constructed or permitted by GRANT'OR to exist within the EAS�MEN"I, PROPERTY without prior written consent of GRANTEE, then GRAN'I�EE shall have the right to remove the same and GRANTOR agrees to pay to GRANTEE the rcasonable actual costs of such removal. The EASEMENT shall constitute a covenant running with the land and shall bind and inure to the beneiit of GRANTOR and GRANTEE, and its successors and assigns. TO HAVE AND TO HOLD the above EASEMENT unto URAN'I'EE, its successors and assigns, forever, and GR�NTOR hereby warrants and forever agrees to defend the above described EASEMENT unto Grantee, its successocs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part hereof, by, tl�rough, or under GRANTOR, and not otherwise. WITNESS THF, EXECUTION HEREOF on the day of , 2014. GRANTOR: SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation By: _ Title: State of Texas § § County of § This instrument was acknowledged before me on this day of , 2014, by as of SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation, on behalf of the said Singing Oaks Church of Christ of Denton and in the capacity therein stated. Notary Public, State of _ My Commission Expires: 4 AFTER RECORDING RETURN TO: City of Denton — Engineering Department Real Estate and Capital Support 901-A T'exas Street, 2°d Floor Denton, Texas 76209 Attn: Paul Williamson EXHIBiT pA-1" LEGAL DESCRIPTION ELECTRIC EASEMENT BEING A 3.5624 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. 5URVEY, ABS7RACT NUMBER 927, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 32.0303 ACRE Tf2ACT OF LAND DESCR{BED IN A DEED TO SINGING OAKS CNURCN Of CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012-141313 OF THE REA� PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 3.5624 ACRES 8EING MORE PARTICUTARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a pant for corner at the intersection of the north line of the above cited 32.03Q3 acre iract with the west line of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 inch iron rod found for reference bears North 89°38'33" Easi, a distance of 2.79 feet, said point also being in ihe south line of a calied 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141312 of said Real Property Records; THENCE No�th 89°50'37" West, along the common line between said 32.0303 and 34.9029 acre tracts, a distance of 255.50 feet to a point for comer at the POtNT OF BEGINNING for the herein described tract; SHENCE leaving said common line, and over and across said 32.0303 acre tract the foliowing 3 courses and distances: South 00°24'40" West, a distance of 673.37 feet to a point for the most easteriy southeast comer hereof; North 89°29'28" West, a distance of 1,309.81 feet to an angle point hereof; South 89°09'29" West, a distance of 155.16 feet to a point lying in the north I(ne of Paisley Street (variable width R-O-W qocument Number 2005-56077 of sald Reat Property Records), aiso being the beginning of a non- tangent curve to the left having a central angle of 01°06'04", a radius of 225.04 feet, a chord bearing of North 81°42'S6" West and a chord length of 4.32 feet; THENCE aiong the norih line of said Paisiey Street and said non-tangent cuNe to the left, for an arc length of 4.32 feet to a point in the east right-of-way line of Mock(ngbird Lane (60' R04�, being the most westerly southwest comer hereof; THENCE with said east right-of-way tine of Mockingbird Lane (60' R-O-W Vofume 3182, Pages 7�0, 710 � 718 Deed Records Denton Counry, Texas} the following 2 courses and distances: North 00°36'01" East, a distance of 10.64 feet to a point for comer also being the beginning of a non-tangent curve to the left having a central angle of 11 °06'00', a radfus of 330.00 feet, a chord beacing of North Q4°53'16" West with a chord length of 63.83 feet; Northerly along said non•tangent curve to the left, an arc length of 26.08 feet, passfng a 518 inch iron rod with cap stamped `TNP" set for referencing at the centerline of the herein described tract at a distance of 26.09 feet, and continuing for a totat arc distance of 63.93 feet to a point for the most westeriy northwest comer hereof; THENCE leaving the east line of said Mockingbird �ane, and over and across said 32.0303 acre tract the foliowing 3 courses and distances: North 89°09'29" East, a distance of 164.62 feet to a point for a comer; South 89°29'28" East, a distance of 1,235.67 feet to a point for a comer; North 00°24'40" East, a distance of 598.08 feet to a point lying in the common i(ne between said 32.03Q3 and 34.9029 acre tracts, for the most northerly northwest corner hereof; 7HENCE South 89°35'20" East with said common line, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the cente�line of the herein described tract at a distance of 37.50 feet, and continuing along said line a total distance of 75.00 feet to the POtNT OF BEGINNiNG, and containing 3.5624 acres oi land, more or less. t'��61�T R F-}. To d B. Tumer, R.P.L.3. y�� ,�, Fo��sN Jan. 07, 2012 �r.,�,.....�,»,,., ,,,n„ Sep. 20, T012 — Field �noo e� turr��rt Revised: Sep. 30, 2013 "M"'•••• ••. •"""'• (Address Schedu/e B ltems) '�°� �� v T.B.P.L.S. F(rnt 1001i601 1,,','_�'�.€SS.�M �Q� SHEET t OF 2 EXHIBIT "�-1" SINCINC OAKS CNURCN OF CHPoSi OF DENTCk POINT O DOC, Mo. 2012-14/372 R.a.R.o.c.r. BEGINNIN (CALL5D 34.8029 ACRE TRAC7) --- -- �� -- -- ;,�� o O�� Q� O "' o� STAV➢6v '1.YY' ,�-�� `�64 \ WCR�u-ECt2ESS k Un�7Y ES�i'. SINqNG OAKS CHURCN OF CHRIST OF DENTON \o��vp�, a�s2, PC'S. 100, ��o a �tia DOC. No. 2012-t4�313 �� O.R.D.C.T, R.P.R.D.C.T. � (�om. wo rc ioo) iNCaESS-ECa¢ss ac un�m EsuT. (CALlEO 32.0303 ACRE 7RACT) \�I,p� VOI,. 3102, PG'S. 703, 708 & 713 ��O O.R.D.G7. \� (10�, f0o Lc 1(k) 16' SAN. SEWEk E54T, VOL 1837, PG 935 SEE DETAIL s�• Tw.��Y O.R.D.G.T. � BELOW ca+smucna+ c�wT ( ) <sv saArt.�ic ru0 �� ama c.�v �` �' - -�.i--- -r- - - -r-�rr- - __.n_Slfk/� �.;. _ _ . _ - _� Y _ ._ 1 �..� � _ __._•r- -- - --- _.. .._.�..^ -�En=imint _ �.--- - - -----� T. ."� N 89'29'28" W NEVPDA CdJRT� a� .AB. W. PG. 220 q P.R.O.C.T. -- - - -�----�-� � / � �. �INE 9EARING DISTANCE L1 S 89'09 29 W 155.18' l.2 N 00'36 01' E 10.74 L3 S 8935'20' E 75.00' 7309.81'"�' J� \ gLOCK 17 SiNpNO OAKS, . S1H SEC�ON 15, PG. 24 P.R.p.C.i. ( � p f i I I G i � � �/e' w atues L3 ' x a�e•.�• a :.n• I � N 89'S0'37' W ; i zss.so� _`,� pF �\` °�' ! i M� i G��M�NG\� � , �� W ( `1 1 1 �! t7' ;� c � � N;� d�'� w�o`�i � o � �'; z v � � co O :V a � � dl �do� � z i o� �� i � c _ 'I NI � � Q � I-'-. � O �i ! Q � � — 1 I � -L; _--- t/d � ¢ � �._._....� o� LOMA DEL RE'C �' 3 APARIMENT COMPIEX �t W � �� CAB. A, PACE 139 � j'— j� � P.R.D.C.T. � �+ M I � U� I E � 20' SAN. �WER ESVT. � YOI. 113�1^dPG. 387 + � VOI. N37, P6. 230 � O.R.0.C.T. (tOJ k ipi) I N OTES: 1NIS EXHIBIT WAS PREPAREO VATN THE BENEFlT OF TITLE RESOURCES CUARANTY COMPANY COMMIiMENT FOR i11tE INSURANCE, CF N0. 1t2108, E�FECl1VE DATE: JU�Y 16, 2013 l}IE FOt10N1NG SCHEDULE 8 IfEMS �0 AFFECT THIS 7RACT, AS SHOVIN: tOt, tOj, tOk, 101, tOm, tOn, t0o, tOp, lOq and tOr. This tract �s subJect to ihe Eosement executed by �.J. Mller to Texas Power k light Compony flled July 31, 1957, recorded in Voiume 431, Aage 165, D.R.D.C.T. (Schedule 8 itcm tOh), however, ihe easement is not plottable and no evidence of polec or guys was cbserved at the tirne of the survey. BA318 � BEARING: Bwrv�ga ere based on rhe Te�ae 8ute Pfarie Coordtnele 3Ystem, Notifi Ce�trat Zone (NAD83). Todd B. Fumer, R.P.L.S. Jan. O7, 2013 Sep. 2Q, 2012 - Fieid Revissd; Sep. 30, 2013 (Address Schedule B rtemsj T.B.P.L.S. Firm 10011601 OF l �P �� S T E RFO.,F.�-9 �n:' Q' � t; P .. s ......................... 70D0 8. NRNER .. v .....................,... ' A 4859 P ' \ �q'�0:�£ s s; °.. y0� ��'� �.c'i i a� E �� tnp 0 150' 300' 600' �� _� SCALE: 1" = 300' 3.5624 ACRES Situoted in the M.E.P. & P.R.R, Survey, Abstract No. 927 City of Denton Denton County, 7exas JOB N0. DME13222 SHEET 2 OF =-��- tn :,��:t; teague nall &. perkins I 1517 dMn tMa� OiM. WM i20 o«�ro+�, r.�.. nxa� vaaa�.s�n�n wa��:�ese� www,ln�.aem EXHI8IT *A-2'" LEGAL DESCRIPI'lON ELEC7RtC EASEMENT BEING A 2.0203 ACRE TRACT OF LAND SITUA7ED IN THE M.E.P, & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, ALSO BEING A PART O� THA7 CERTAIN 34.9029 ACRE TRACT OF LAND DESCRIBED tN DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012- 141312 OF THE REAL PR4PERTY RECORDS OF DEN70N COUNTY, TEXAS. SAID 2.0203 ACRES BEING MORE PARTICUtARLY DESCRIBED BY METE5 AND 80UNDS AS FOLLOWS: COMMENCING at a point for comer at the intersection of the south Iine of the above cited 34.9029 acre tract with the wes! line of State Highway loop 288 (a variable width right-of-wayj, from which a 1/2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feet, said point also being in the north iine of a cailed 32.0303 acre traci of land described in a deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141313 of said Real Property Records of Denton County, Texas; "fNENCE Nofth 89°50'37" West, atong the common iine between said 34.9029 acre tract and said 32.0303 acre tract, a distance of 255.50 ieet to a point for comer at the POtNT OF BEGINNING for the herein described tract; THENCE North 89°50'37" West, along said common line, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 37.50 feet, and continuing along said line for a total distance of 75.00 feet to a point ior corner; THEMCE North 00°24'40" East, leaving said common line, over and across said 34.9029 acre tract, a distance of 541.44 feet, to a point for comer at an angie point; THENCE North 81°55'36" West, continutng over and across said 34.9029 acre tract, a d(stance of 216.29 feet to a point for comer at an angle point; TNENCE North 44°22'07" West, continuing over and across said 34.9029 acre tract, a distance of 169.99 feet to a point for comer lying in the north Iine of said 34.9029 acre tract, also being the south line of a catled 26.4732 acre Vact oi land as described in a deed to the City of Denton, as recorded in Qocument Number 2012-129326 of said Real Property Records; THENCE South 89°37'25" East, with the north line of said 34.9029 and the south line of said 26.4732 acre tract, a distance of 236.32 feet to a 112 inch iron rod found for the southeast corner of said 26.4732 acre tract and the southwest comer of that certain 5.106 acre tract of land described in a deed to Saratan Co�poration i, as recorded in Document Number 2004-98930 of said Real Property Records; THENCE South 89°28'41" East, aiong the commoa (ine of said 34.9029 acre tract and said 5.106 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 135.28 feet, and continuing along said line for a tota{ distance of 172.78 feet to a point for comer, from which a 1!2 fnch iron rod found for reference in the west line of State Highway loop 288 bears South 89°28'41" East, a distance of 273.38 feet; THENCE South 00°24'40" West, departing the south line of said 5.t06 acre tract, and over and across said 34.9029 acre tract, a distance of 890.42 feet to the POINT OF BEGINNING, and containing 2.0203 acres of land, more or tess. � OF .�E,......., t�. Todd . Tumer, R.P.L.S. ,�r `6� � R a�,y Jan. 07, 2013 ti� Sep. 20, 2012 — F1eld »»��• ��• -��•• Revised: Sep. 30, 2013 � �' �R� ............».....« . (Address Schedule B items) ��,�o_ 4859 T.B.P.L.S. Firm 10011601 l:�oR,._�,os�� Sheet 1 of 2 an or oci+tor+. roc�s DOC� N0. 2012-129326 R.P.RD.Fi. (CALLEG 26.4132 ACRE TAAG1') . 5 89'37'25" E 236.32' �"".,.,.., . � EXHIBlT MB-2� � ��'0 ��t d . R.P.R.D.GT. ��2 (CAI.I.ED 5�108 ACRE iRACTj � S 89'28'41" E 172.7$' , S 8978'41' E 27338' [N 89'33'02 W 914.56'j PASS 6/8" !RS 1►ITH -� CAP 5TAMPEB "TNP" AT 135.28 � GR�S ! 2 �20� P I i SINGiNG OAKS CHURCH Of CHRIST � OF OENTON DOC. N0. 2012-141312 R.P.R.p.C.T. (CALLEp 34,9D29 ACRE TRACn 0 50' t 00' 200' SCALE: 1" =10Q' r+o�s tHfS DQAB�T W�S PREPMED 1MTN iHE BENEFlT OF 711LE RESOURCES CllARAN7Y CAkPANY CdAN�711EN7 FOR TiLE INSURANCE, CF N0. 1120fl�, EFFEC7IYE OA7E: APML fA. 2013 TtE FOILOMtNC SCHEDUIE 8 tTDA4 DO AFiLCT 7HI5 7RACT AS SHOMN: 7Ch n+e ro�ow�nc �ro.s oo nor �cT nas rn�cr �s s+�1o.�vM: .M 31�, 9S7.t � c0 In VdWTNA1�T1�Pqqe 183�D.R.D.C.% { C�POny flled 1d. Eoument exeauGd by EuqMb Patr Roycor to ths Gry ot Denton. iwos rtkd Feeruary 20, t497, r'ecord�d tn Votum� 3162. Paqt 698, RP.R.D.C.t. BAStS OF BEARlNG: Bearings are bassd on the Texas Sfate Plane Coordinata System, Nodh CeMral2one (NAD83). Tolfd"B. Turner, �.P.�.S. Jan. 07, 2013 Sep, 20, 2012 - Fiefd Revised: Sep. 30, 2013 {Addross Schedule B items) T.B.P.L.S. Firm 10011601 � �w � � W st a N O O Z 37.50' 37" W U � ��i �� c v ,� � b C� I ; 1 I I i � 1 I i I 1 i i 1 I I ! I I _ _ -r _ _ i/z tRF i I t � 1 I r j � �� i � w � � r�vor � a � .� j � ALUAf. F 4 � ! MON. ��u I � -- co I � o� I � � � N I � � � O O i � a a � - 70' ----� I Q o � �' � 1 SINCING OAKS CHURCH OF CHR157 i� m OF DENTOk DOC. N0. 2012-141312 � M R.P.R.O.C.T. ¢ (CAIIED 34.9029 ACRE 1RACT) �.�. ¢ i Q � I ! N � � I i O�i + � t TXDOT I ALUX. 3 i MoN. z � g � � I � p I ��a�� o � , N o�oQo �� ao� � � �� I � i i � I � I � I ( � i POIN7 OF POINT OF i COMMENCINC3 BEGINNING i � N 88'S0'37' W 285.50' — _ — _. !/Z' IRF HIiAR5 SlNpNG OAKS CNURCH OF CHRIST N B8'38 38" E OF DENTqJ 2,q8' DOC. N0. 2012-141313 PASS 5/8" IRS R�P�R.D,C.T. NT7fi CAP S7'.4NPBD iCALLED 32.0303 ACRE TRACT) 'TNP" AT 3� 80' � O F • T� �p.�� S T �RF• ,-i' vi 1 Q' '� d � �iJ� ............................. r000 e. TuRN�x .. Y ..................... r.. �. � 4859 �P ; \� •��' �Ff 5 5 � � •'� O� \ •••S U R� F'� 2.�203 ACRES Situated in the M.E,P. & P.R.R. Company Survey, Abstroct 927 City of Denton Denton County, Texos JOB N0. OME13222 SHEET 2 OF 2 � tn teague nail d� perki ' is��c«+n.rbuodw.wa.sso Or�hn, fix�i 7A703 sao.s��.�ln� r�oa�9.eolehc wwviln►lncsom EXHle1T �A�3� LEGAL DESCRfPTl�N 7EMPORARY CONStRUCTION EASEMENT BEING A 1.1283 ACRE TRACT OF LAND SITUATEd IN THE M.E,P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, ANQ SEING A PORTION OF THAT CERTAIN 32,0303 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SINGING OAKS CHURCH OF CHRtST OF DENTON, AS REC�RDED iN DOCUMENT NUMBER 2012-141313 OP THE REAI PROPERTY RECORDS OF DEN70N GDUNTY, i'EXAS. SAID 1.1283 ACRES BEING MORE PARTICULARIY OESCRIeED BY METES AND BOUNQS AS FO�LOWS: COMMENCING at a point for corner at the intersection ot the no�th line of ihe above cited 32.03Q3 acre tract with the west {ine of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feet, said point also being in the south ilne of a called 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141312 of said Real Property Records; THENCE Norih 89°50'37" West, along the common line between said 32.0303 and 34.9029 acre tracts, a distance of 330.50 feet to a point; 7NENCE South 00°24'40" West, leaving said common line, over and across said 32.0303 acre tract, a distance of 862.81 feet to a point for corner at the POiNT OF 8E(31NNiNG for the herein descri6ed tract; THENCE over and across said 32,0303 acre tract the following three courses and distances; South o0°24'40" West, along the west line of a proposed 75 foot power line easement a distance of 35.00 feet to an angle point hereof; North 89°29'28" West, along the north line of the said power line easement a distance of 1,235.57 feet to an angie point hereof; South 89°09'29" West, continuing afong the north line of said power line easement, a distance of 164.B2 feet to a point yfng in the east line of Mockingbird Lane (60' R-O-W Volume 3162, Pages �00, 710 & 718 Deed ReCOrds of Denton County, 7exas), aiso being the beginning of a non- tangent curve to the left having a centrai angle of 66°13'57", a radius of 330.00 feet, a chord bearing of North 13°33'14" West and a chord length of 35.88 feet; 7HENCE along the east 4ine of said Mockingbird Lane, and said non-tangent curve to the left, for an arc iength of 35.90 teet to a point for the most northwest corner hereof; THENCE departing said eas( right-of-way line of Mockingbird Lane over and across safd 32.0303 acre tract the tollowing two caurses and dfstances; North 89°09'29" East, a d(stance of 1T2.93 feet to a point for a comer; South 89°29'28" East, a distance of 1,235.82 feet to a point for a comer at the POINT OF BEGtNNiNG, and containing 1.1283 acres of land, more or less. .!"� "—"�_ To B. urner, R.P.L.S. Sep. 30, 2013 T.B.P.L.S. Firm 10011601 r� a � � RF�,� � .................... T000 a ntnnFx � . . . . . . . . . . . . . . » . . . . � 0 4855 ,��p p��i .��!.MF S 4. ;,✓',tl SHEHT 1 OF 2 EXH{BIT �B-3r SiNCINC OANS �%tVRCN OF G1+R�ST CF DfiNTON DOC. Nw 2012-1�1312 R.P.R.D.GT. (CALLED 34.9029 ACRE TRAC'� �\ IHCR6SS-6CRE55 k UnUTr ES1�7 \,j. � VOL 3182, PG'S. 70p, Ti0 k �t �'� � D.R.O.C.7. �C?a (�o.,,, �oc x toa) \ \SEE DE7Alt BELOW � 1'. L3 . �Y:�A`IrJ�t.y�m — - - V� tl o�'"0�� - - - - ... � �°�°p �`� �� 51NGING OAKS CNURCN OF CHRIST OF DENTON e DOC. No. 2012-141313 R.P.R,D.C.T. u+c�css-ecAESS a unun csur. (CALLED 32.0303 ACRE TRAC'I� YOI. Jt82, PG'S. 703, '!08 k 719 O.R.D.C.T. (tia+, ,00 a� �a) POINT OF BEGINNINC3 28" E 1235.92' W 1 r NE�iADA�'W'�+Pl'� _ J /J�'� DOC. HwW2003- 0 A'��Sl� C�P.R.D.0.T.220 0� VO4 i33�nfR 99•5� • BLOC#C 17 PG A R.P.R.D•C.T. �'63' O.RO.GT. `Sl; - ^--� a / (t0;) 87HNSGECpPN � I s � � �� 1S. PG. 24 I`�l � . N AQ'(1A'99" � 172.93� � P.R.D.C.T. A c, ..� � �35' T.C.E. ". •'• •. ? -S 89'09'29"/ / / / � y, � 75' P. U. E. � � (BY SEPARATE PLAT)/ _� l_!_1_'�!�%� ------ -------- � - --- arrm� su�t►n iaa L._____._p SCAI.E: 1"=100' �Si,��, DETAIL � I � U CURVE RADIUS ARC LENG'M CMORD LENGTH CHORD BEARING DELTA ANGLE C1 330.�0 35.90 35.88 N l3'33'14 W 46'13'57" NOTES: iNIS EXHi61T WAS PREPARED VAiN 1HE BENEFl7 OF T1TLE RESOURCES GUARANTY COMPANY COMMIIMENT FOR TITLE INSURANCE, GF' N0. 112108, EFFECTIVE DAiE: JULY 16, 2013 1HE f'OLLOWING SCHEDULE 8 1'IEAtS DO AFFECT TH{5 TRACT, AS StiONN: 101, tOJ, tOk, 101, tOm, tOn, t0o, tOp, 10q md tOr. � i I � 1 � i � � N 89'S0'37" W �/�• � euxr _�� __,� _1 330, 50' x ev9e'as' i r. n' .�� j � � � QO�� N � � , , , , �,�t,ti 3� ;� � � �° - � �I i g; �� I I I I N i � � � oi � i i �� o ; � i i �a � v� � � � i � a� o0 � �i I � o� � � E i i ��o`� � a, f � � �� O � lN 1� o, � o � I I n a¢ ii i 7 � �r-r� :�--- � c y'' �' � LOMA pEl. REY � W APAR"t1AENT CdAPI.EX � J I CAB. A, PAGE 139 pq � P.R.D.C.T. � � H I � E+ � I 20' SAN. 5'E.K£R ES�AY. I Qi VOI. 113�1RdPG. 397 f � VOI,. 1t37. PG. 238 � D.R.D.C.7. �,o, � ,a,� I tnp 0 150' 300' 800' �— SCALE: 1" = 300' Thla tract 1s aubJect to the Eosement executed by F.J. Mtiler to Texaa Power dc Ught Company filed July 31, 1957, rccorded in VWume �31, Poge 165, D.R.D.C.T. (Scheduie 8 Item tOh), however, the easement is not piottobie ond no ev�dence of poles or quys was observed at the time of the aurvey. BASIS OF BEawNO: TEMPORARY CONSTRUC710N EASEMENT s"�,°` °� �`a`' °" �,. T°,� ��„° 1.12 8 3 A C R E S coorar�e sra�«++. waro, c«,� z«,s cwwa�,. � �' r To d B. Tumer, R.P.L.S. Sep. 25, 2013 Sep. 3Q 2012 - Field (Address Schedute B RemsJ T.B.P.I..S. Firm 10011601 �...0 � .. T� �Q� �G � 5 7 E R' . .i- �C:'F, FO�•.'9 ��: �- � .N ............................. TODO B. NRNER �. s A....4853... p .. . �� .��OfSS�O;:��2- \••••SUR`�•�'•�'"/ Situated in the M.E.P. & P.R.R. Survey, Abstract No, 927 City of Denton Denton County, Texas N0. DME13222 � �� teagve nall 8► perkins ' �e»aen.n.o.a+...sYe.»o w�w.� t.:» �•aor �o.u��tn *► t�o.sa.�au n� www./�}I�.w�ei City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0265, Version: 1 AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric ACM: DATE: Howard Martin, 349-8232 June 10, 2014 SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale by and between Dr. Edward F. Wolski, as owner, and the City of Denton, Texas, as buyer, to acquire fee simple to a 10.070-acre tract located in the J.S. Collard Survey, Abstract No. 297, in the City of Denton, Denton County, Texas, generally located north of Riney Road and east of Bonnie Brae Drive, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations, for the purchase price of One Million Two Hundred Fifty Eight Thousand Nine Hundred Twenty Three Dollars and Twenty Cents ($1,258,92320), and other consideration, as prescribed in the Contract of Sale as described in the ordinance as attached as Exhibit One; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND In accord with the current DME Electric Substation Re-build project initiative, DME staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of improvements to the electric transmission and distribution systems. In respect to the tracts owned by Dr. Wolski, the project requires the fee simple acquisition of a 10.070-acre tract of land to accommodate the electric utilities and electric substation infrastructure to be constructed. Approval of the ordinance under consideration authorizes staff to purchase the 10.070-acre tract, and to proceed to closing the purchase transaction. OPTIONS 1. Approval of the land purchase and ordinance. 2. Do not approve the land purchase and ordinance, and provide staff with further direction. RECOMMENDATION DME staff recommends approval of the land purchase and ordinance. ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION/REVIEW (Council, Boards, Commissions) On May 6, 2014 the City Council approved a contract and an ordinance for the purchase of the above tract at the above mentioned price. In final negotiations some of the terms and conditions were changed. This City of Denton Page 1 of 2 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0265, Version: 1 ordinance and contract conform to those changes. FISCAL INFORMATION This project is funded through the issuance of General Obligation Bonds, which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS l. Exhibit One: Ordinance, Contract of Sale, Survey, Legal description, Deed (consolidated) Respectfully submitted: Phil Williams General Manager Denton Municipal Electric Prepared by: Smith Day Compliance Manager Denton Municipal Electric City of Denton Page 2 of 2 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� s:1legallour documentslordinances1141wolski coanterol%r ordinance.ClOC Cx.i�n7r� �_]rd� ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A COUNTEROFFER TO THE CONTRACT OF SALE BY AND BETWEEN DR. EDWARD F. WOLSKI {"OWNER") AND THE CITY OF DENTON, TEXAS ("BUYER") TO ACQUIRE FEE SIMPLE TO A 10.070-ACRE TRACT LOCATED IN THE J.S. COLLARD SURVEY, ABSTRACT NO. 297, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, GENERALLY LOCATED NORTH OF RINEY ROAD AND EAST OF BONNIE BRAE DRIVE, FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE, OPERATTON, AND IMPROVEMENT OF ELECTRIC TR.ANSMISSION AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES, AS WELL AS SUBSTATIONS, FOR THE PURCHASE PRICE OF ONE MILLION TWO HUNDRED FIFTY EIGHT THOUSAND NINE HUNDRED AND TWENTY THREE DOLLARS AND TWENTY CENTS ($1,258,923.20), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE AS DESCRIBED IN THE ORDINANCE AS ATTACHED AS EXHIBIT ONE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas made an offer to the Owner to purchase the Property Interests; WHEREAS, the Owner has made a counteroffer to the City; WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best interest to agree to it; and 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 findings and recitations contained in the preamble of this ordinance are incorporated by reference as true. SECTION 2. Ordinance No. 2014-13b, passed and approved on May 6, 2104, which authorized the City Manager, or his designee, to execute a Contract of Sale by and between the Cifiy of Denton, Texas ("City") and Owner, is repealed and replaced with this ordinance. SECTION 3. The City Council finds that a public use and necessity exists, and the public welfaze and convenience require, the acquisition of the Property Interests by the City of Denton, Texas ("City"). The City Council finds and determines that the acquisition of the Property Interests is necessary for the public use to expand and improve the Denton Municipal Electric distribution and transmission system, including the construction and/or improvement of substations, to serve the public and the citizens of the City. SE��'IflI'� 4. "�'11� �ity 1'�1�t7ager, ar lais d�sa��;�, �s l�erel�y aa�t�i�r�z�� (a� t+a ��ccta�� ar �� a�� b�1l�ilf �it�ze C�ty �i) tl�e �,c�G��atea��'fe�° iic��i C7wr�cr a� r�p�•��t�ci 1�� t�a� at��ck��c� �a�titr�ct c��' S�a�e, by ai�rd ��twee� �lae Cbty r�i�� w�ue�•, ir� tl�� '�L•�t� ��ta�k�e� ��e�•et€� ��et rn�d� � par� �1�t°�a�`� �it� a pur��as� pr'r��: af $1,'��,t)?3.2C�, �s �7�-��cara�,�c� ig� t�ze ��rz�t�°��:t �,�` 5�1�, �nd (ii� �ny �a�l��r da�un��nt� ne�cessary f'c��° cicasin�; �1�� r�r�sacti��as �aiit��ted �°�yr rt�� Car�rt�•�ci a�" �a��; �� (b} tr� ��k� e��et�ditur�s i�� a�;cr�rd��.rzc� wit�� t��e t��s ai �1�L �t�t�t�•��h ��` ��e. ��;TIfl�i 5. Tf �r�y sec�ica��, �a�:ic�e, �a��a��h, s�,lteitic�, ��7�•�se, cl�k�� ar vw^c�rci in tl��s t�rdi�anc�, �a�' �pp��eatica�� tl�eg•�,c�� to �ny ��a�sa��s o�� ci�°cu�r�si�,r�ces, i� ��d "a��v�li� ar u��c�r�s�ituti�aY�al by a�:o�.t�°t c�f cc�r7��cter�t j�uri4c�i�tion, �uc�� I��aldixxg; s��ll ��c�t ��:t tlle vali�ity of tlle �•e��z��ni�� c�r�i�ns caf �l��s �arclit�aazc�; t��c �aty ��.��c�aI ci�cl��;� tl��t zt wc�ti�lc6 have a�°d�i��ed �u�1� remcrai��i��,� pa�rti+�� ci��ite ��a�;l� i��wa[ici�ty, ai�d sa.�c,l� 1°�;r�i�aiz�ir��, ��a�°tia� s1��19 r�n�ai�� r�� %.r11 ��z•c� a�r�c� ��'i;�c�. �ECTI4�fi� 6. �`11is a�°�1a��Q�c� sl�anl l��cc�i��e c1`F�;�tirrc ira�n��c�iatel� tr�� i�� pass�� a�el ��p��al. PA.�SEI� A�TI� ��'T'T�OV 1�� tl�is �1�� c��y c�i' , 2� 14. 4,.r1.li�1J Yv�r,1911.��y ivl.t`7.Ri'��i'�. ��A , J��1V��1"L",LY. MV ti.L� 1�dk.�.?� ��1. 1. ��"1�d�li ��.1\ A f�:� .�1��':C1V�fi:1 �,S `T`f� T.�1-�,C'�AL �`l�'d�: A��TA �UP�.GE�S, ��"l"Y �'�7`1"C)I�fi�i��t ,- - .a - , �� -_ ��,, � .� �,w ��m c>�.��n��]�� STATE OF TEXAS § CQUNTY OF DENTON § C141 VII?rl (_)I`dl! CONTRACT OF SALE NoTTCE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOVi�, HAVE THE RIGHT TO: (1) DISCUSS ANY 4FFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2} KEEP THE OFFER UR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. � This Contract of Sale (the "Contract"} is made this day of , 2014, effective as of the date of execution hereof by Seller, as defined herein (the "Effective Date'�, by and between EDWARD F. WQLSKI (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"). RECITALS WHEREAS, Seller owns that certain tract of land located in the J.S. Collard Stuvey, Abstract Number 297 being located in Denton County, Texas (the "Land'� and being affected by the public improvement Project called the Denton Municipal Electric Capital Improvements Project ("Project"); WI�REAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land described on Exhibit "A-1" and depicted on Exhibit "A-2", together with any and all rights or interests of Seller in and to adjacent sireets, 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"); and WHEREAS, Seller desires to retain and reserve for himself, his heirs, successors and assigns a 0.345 acre non-exclusive utility easement, the scope, location and duration of which are described and shall be memorialized in a Special Warranty Deed (herein, the "Deed"), the form and content of which is shall be substantially similar to the Attachment 1 which is attached hereto and made a part hereof for all purposes as if set forth herein verbatim. The Deed shall reserve a non-exclusive utility easement in, along, over, upon, and across the tract of land being described on Exhibit "B" and depicted on Exhibit "A-2" attached to the Deed. The lands described and depicted in Exhibit "B" and Exhibit "A-2" attached to the Deed are collectively referred to herein as the "Easement Lands"; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions assaciated with the purchase of the necessary fee property for the Project. C141 VII?rl (_)I`dl! NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: ARTICLE I SALE OF PROPERTY For the consideration hereinafter set fqrth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey ta Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and . under and that may be produced from the Property that he owns. Seller, lus heirs, devisees, successors and assigns shall not have the right to use or access the surface of thc Property, in any way, manner or form, in cannection 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, inciuding 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 lzores, or .. any other infrastructure or unprovement 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, ogeration, process or procedure would conswne, deplete or destroy the surface of the Properry; 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 alt areas abave the surface of the earth. Seller shall also retain and reserve for himself, his heirs, successors and assigns a 0.345 �' acre non-exclusive utility easement, the scope, location and duration of which are described and shall be memorialized in a Sgecial Warrarrty Deed (herein, the "Deed"), the form and content of wluch is shall be substantially similar to the Attachment 1 which is attached hereto and made a part hereof for all purpases as if set forth herein verbatim. The Deed shall reserve a non- exclusive utility easemeat in, along, over, upon, and across the tract of land being described on Exhibit "B" and depicted on Exhibit "A-2" attached to the Deed. The lands described and depicted in Exhibit "B" aud Exhibit "A-2" attached to the Deed are collectively referred to �: herein as the "Easement Lands". Contract of Sale Page 2 of 26 C141 VII?rl (_)I`dl! ARTICLE II PURCHASE PRi.CE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of ONE MILLION, TWO HUNDRED FFFTY-EIGHT THOUSAND, NIlVE HUNDRED TWENTY-THREE AND 20/144 DOLLARS ($1,258,923.20) (the "Purchase Price"}. 2.OZ Earnest Money. Buyer shall deposit the sum of One Thousand and No/1Q0 Dollars ($1,000.°�, as Earnest Money (herein so called) with Tide 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 tern�s and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In a11 other events, the Earnest Money, and the interest accrued thereon, shall be disgosed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) caiendar 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/104 Dollars ($1U0.00) (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 iu 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 TITLE AND SURVEY 3.01 'I�tle Commitment. � � (a) Prior to the date of Closing, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Cammitment") for the Properiy, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, rnineral, or othervvise), conditions, � restrictions, options, severed mineral or myalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights-of-way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception"). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents"), including those described in the Title �� Contract of Sale Page 3 of 26 C141 VII?rl (_)I`dl! � Commitment as exceptions to which the conveyance will be subject and/or which are required to be released or cured at or priar to Closing. 3.02 Survey. Within five {5) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey"). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the � matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adj oining the Property, water courses, 100 yeaz flood plain, fences and improvements and structures of any kind. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds descrigtion thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.OS below. The description of the Property as set forth in ttie Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to F. Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall give written notice to Seller, specifying Buyer's objections to one or more of the items ("Objections"), if any. All items set forth in the Schedule C of the Title Commiiment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, prior to Closing, either satisfy the Objections at Seller's sole cost and exgense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or again.st the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure before Closing, and if Buyer does not agree in writing to an extension of that period, sa.id e�ension to not exceed an additional thiriy (30) calendar days, then Buyer has the �' option of either: {a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions {herein so called), or . (b) terminatiag this' Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, �'` one to the other, with respect to the subject matter of this Contract. � 3.05 Title Policy. At Closing, Seller, at Buyer's sole cast and expense, shall cause a standard Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted . Exceptions. The Title Policy may contain only the Perrnitted Exceptions and shall contain no •R- other exceptions to title, with the standard pri.nted or cornmon exceptions amended or deleted as Contract of Sale Page 4 of 26 C141 VII?rl (_)I`dl! follows: •fC (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be bame solely by Buyer, of any �`` required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words ta that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession"; � ,� (d) no liens will be shown on the title commitment. Notwithstanding the enumeration of the following exceptions, amendments ancUor deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEAS�B�I.�ITY REVIEW PERIOD 4.01 Review Period. Any term or pmvision of this Contract notwithstandi.ng, the obligatians of Buyer specified in tYus Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during thc period commencing with the Effective Date of this Cantract and prior ta Closing (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 li.mited to studies or inspections to determi.ne the existence of any ,,: environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable fur Buyer's purposes. Buyer is granted the right to conduct engineering studies � of the Property, and to conduct a physical inspection of the Properiy, including insgections 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 SeUer, 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 rehuned to Buyer, and neither Buyer nor Seller shall have any fiu�ther duties or �t obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non- confidential and non-privileged regorts and studies obtained by Buyer during the Absolute Review Period; and {ii) the Survey. ARTICLE V REPRESENTATI4N5. WARRANTIES. COVENANTS AND AGREEMENTS �' S.Ol Representations and Warranties of SeUer. To induce Buyer to enter into this Contract Contract of Sale Page S of 26 Cx.i�n7r� �_]rd� p,: y: Ci�.i�ii7i� �_%rd�. �r�d �c�ns�.�rn�n�t� the sale and �:u.�chas� ca�" the �'rc�p�rty ia� accca�rd�nc� �,vi�h t��e t�rn�s and pravi�iar�� &a�re�ri�h, Sell�r r�pr�s�nts �,nd �v�.rra�ts �r� Bu�rer as af the Eff��ctiv� D�t� �.tad as �� the �fl�sing �?�te, �xc�p� e�v��re s�reci�ic ref�res�c� us m�� ta �n�t�er d��e, t%at: (a� �`�c descri�tive ia�c��ati�n cc�ncer�an� �h� P��apez�y s�t �az�� a� t��s Cc��a�r�c� is �� „�'d�4��ry �ir��.L�'s� k.d 4.4� �.� �iiY��i�+4. (k�} T�.ere �r� na� adv�r�e aar c�ther �+arCx�s in pc�s��ssiara a�' th� �rope�ty c�r �ny p�rC ther�a�, and n� p�iy has b�� ga�anted �n� lic�nse, le�se ar �t��r ��ht r�lat�d �a the �as� ax p��ss��sic�n af the �'r+�p�rty, �r �.r�y part th�re��, �xc�pt t��se d�scxib�d' i�. t�e Leases, �ss �de��aed in .�„¢�ticle V, Se+cfiar� �.�q2(�). (�� The ��ll�r has gc��dl and tt��rl�e��l�l� �'ee si��rle ti��e tc� �he �'r�pert�r, sub��ct mr�y to th� P'�r�i�t�d �xc��tiozas, (d) '�°i�e �eyler h�s ��.� �1� ri�ht, pp�w�r, and at�tk�c�rit� to s�il and c�a�v�y ihe �'ra�perty as pr�vid�c� in this +�an�ract �a.d tca carry �aut �ei�er's �ab�igatians �i�r�unde�'. {e� T�e ��l:l�r has n�t recegved �n�t�ce �af, and h�s n�a c�ther �iowl�ci�� c�r f��°+�armat'r�z� a�`, �� endizz� �r fhr�at�ra�d jt�dicial �r adr�air�istra�tiv� actitan, ar �y acti�n �er�d�n� c�r tY�r��ned by �djac�ni ��d�vvn�rs �r c�t��r p�a�s�a�s a�aaz�st �a� a��ect�z�g �k�� k'r�perry. (i� "T`�ae ��11�� as dis��cr�ed t� k�uyer in writi�� of a�ay ar�d a�l facts and circurnsta:�c�� a��latY�� tca the p�ys�c�� cs��itzan �ftlie pr�p�rty that m�y rr�aterial�y �nd �dver�e�y �f�ect th� 1�r�p�rGy �rnd c�p�r�,tia� �r aa�terxded €�pe��tion t�er�c�f, �a� �y p�rti�a� ��reaf� of whic� ��ll�r has �ac�w��dge. (�) T�,� a�11er has paid a�11 a�e�� e�tate a�r�� p��c�z�� paarape�y ��s, assessr�en�s, �xcbs�s, aa�d ��vies t�a�� are pr��ently due, ii as�y, �ra�icta �xe a�ainst ax ar� ��lat�d ta� the Pr+��earty, �rr �,ri�l �� du� as +��'�h� Clcas�r�g, and the �'r�perty will b� subject to rn�r suc� lie�rs. �l�j Tiae S�ller sha�l �c�nv�y th� �'rap��y £r�ee a�d ��ea�r �f' �11 debts, li��s a:a�d er�cur�.br�ua.ces�. �ij Se�lex has �tot cmn��cte� �r ezater�d int� aray agr�eern�nt vvith �xa.y reall es�te brol��r, ag�a�t, fi�c�e�, �r any ath�r p�ty in ��a�r►�c�a�a� wa�� this t�az�sa�tian crr �aa�cer� �y actic�� whgeh �:� �vc�ul�1 a��st��t in any r�al �state b�ak�r c�amrrY�s��c�n� c�r �inder's �e� ar esth�r f�es payab�e tca aa�y �rt��r party �it� re�pect �� th� t�ansa�tiaz�s c�rnt��u l�ted �y thi� �Cc�z��ract� ��. �� .�«l� � �i,��. �.d�.,� "�"�a.�'� �a�..�� i� �,a�„w��&��m�w� �p,-� ° � °� �� +� W (j� T� t�ie b�st af �eIl�er's kt�+a�l�dge, th�re laas ncat acc��cred tk�e disp�s�� +�a� rel��e of any �azardeaus St�k�sta��ce i�a� �an �r fram the �'rt�perty.. As us�d ir� this Cva�t�act, "Y3�z�.rd��s �u�stanc�'" a��s ar�d in�l�des a�� aaz�r�lc�us �d ��ci� substances, vvas�e �r° rr��erials, ��a�mi��ls, and �;n�r pal�ut�t ar coz�ta.�nin�zt, „ in�lu�li�a� witlaauk lim�itativny PCT3"s, ask��st+�s, �sb��tos-�t�ntaiu�i�ng r�at�rial, p�tr�al��m ~ p�ad��ts and raw rr�a��rial�, �h�i ar� includled uz�d�ar crr r�g,ula�ed by �y Env�r�rur�en�,� Law �wr �hat w��ld �ar rr�ay pcas� a h�a1t�, saf�t� crr �r�vir�rimer��l hazarcl. C�n�ract of' �a�� Pag� � �f �6 C141 VII?rl (_)I`dl! As us�d irn this �c�ntra��, `i�nviu��nmenta.l Lav�" rrYea�s �ad. ira�lud�s �11 f�deral, s�a�e, �d ��cal st�tut�s, �r+d�nanc��, reg�lati�rns an� r�les pr��e�at�y in f�rce �r herea�ter en�ct�d re�ataa�g t�a envir�r�rr��ntal c�uality, c��t�minatic�rr, and �l�an-up �f Hazarr�c��s Subsfi�an��, � ia�cluding w'rthc�u�� 1ima�ati�n, the C�nap�eh�n�iv� Envi�ro�e�ta,l Respo��e, +�a�pensatia� �d L'uab�ili�y Act (�� U,�.C, 9�C�1, et seq.�, as a�a�.��,ci�d b� tk��e �up�rfium� t��ndm�ents �d l��a�thori�,�.t�a� A�t a�' 19�E, t�� R�esar�c� �an��rvatic�r� a�d �.ec�v�ryy A.ci �� U.a.�. �9f�1, et �eq.}, as ar��nd�d, T�xic ��lastaa�ce C�n�ral Act, �S U.'�.C. 2:6p1, �t �et�., �d st�te s��aerl�en a:nd env�r�n:t��nt�l clean-�tp s��utes and �il r�l�s �nd re��alations present�y ar ��r�after promuigat�d aanr��r �ar r�l�ted �� s�id st�tu�es, as �.mer��iedl. .C::, Ck) A.l� I.eases, �� def�ned in �rticl� `4�, ��t�+�� S.q�2(a), ��a�l �av� ex�ured +�a� ca�h�rvvis� terrninated a�d a�y anr� all t�r��ts ��r park�es accupyin� t�e i'rc�per�y �aursuan� �t� the Le�s�es �ha11 hav� per�aner�tly ��a��on�d an� vac�ted �he Prcr�ert�T o� ar be%re t�e d�te a� �l�sing. (t) T�� Sei�er is ns�t a"farei�n ��rsc�n'� as ��fined in ��cti+�n 1Q�4� af the in�em�l �.even�e �ade c�f 1'��, �s �arrrendecl. S.C�1.A. �r�vira��!a��a��l 1Vlatt�rs, Tn additi��: t� a,n� ��h�r repres�a�ta��ar��, �ra.r�ar►ti�s, ��v��aan�.ts, ar�d ��r�ezne�ts �a��i:�ed i� thi� ��antaract, �e��lex a�re�� t� �:e fall�wan�: (a� a��l�r repr�sents �d w�a�ts tka�a�t: (�� tk�� r�pe�ty n� i�. c�ar�.pinar��e wAt�i Envira�na�n�ntal �,aws (��"iz�ed �e��vv), (�i) t�.ere aa�� +� �-Taza�ci�r�s M��i�lls (d�fin�� la�v) i�, a�, aar und�� t�� Prc�p�� a.d ain caz�n.piia�c� vvith E�vi�r�nmer�t�l L�.ws; a�d (iia� th� Pr�p�a�y do�s n�t ca�t��n �ny �sb�stas c�r asbe�t�s-cc�ntaia�in� rnat�rial�. ,, (b� �e�lei° assu�es r�spransib�lit� fc�r a�d csav��aa�ts ta ��m�1y with. ��l En�riranrl��r�,t�l ��ws a�pl`rcab�� tca ti�e F'r��ert�, (�� ei�er sh��Y irtd�n�aa.ufy a�tl h��d ��-�rx��s �ru�er, �d �uy�:r's a.��nts, su�cess�rs �c�. �ssagns fi°�rn and ��ainst an�r and �11 c�a�nx�,1'a�bilities (i��l��n�, wathau� la�mita�za�n, a;�� st�ic� liabiliiy), lc�sses, cc�st�, anc� ex�e�s�s (i��ludi�g, wvithout ii�n�tatac�rY, r��s�n�bl� att��°s and e�pert'� �'�es and �c�urt �t��ts� a,ri�i�� 'rcr�n c�r i� ar�y way r�lated ta: {i) aa3Y ��.�" b�cea�c�i p�" �'�abs�ection��,,.�� af �his �nvirc�rbrmmental i'��tter,� se��ic�r�, �ai} �kae �ares�nce ar ar��a�� a� arw�r ��rdrus ��ter�als, car (i�i} th� v�e�latac�r� �f az�y ��vir+��rr�enta� La�s, �r� �ach c�s� u�al�ss caus�d by T3u��r, any a�ent af ��uy��, ca� �uy�r's �se �� th� Pr�p�r�y. (�1j "�nvirorrr�n.�nta� L�ws°" mea�s any �nd ali %deara�, st�te, �d �c�ca,I laws, c�rdir��c�s, �ad�s, �d ��a�ic�ns ��lat��,� t� pr�t�cti�ar� �f th� e�v�rcrnment, h�ali�t anel s�.fety, ��a.d �tural �esaurces. E�viz°�an�r►�mta1 ��ws ns�cliudes, �i��aut 1in�i��atic�n, t�� r�mgr��n�iv� :�a�v�r�ar�men�l fi.esp�r�s�, ��r�p�rlisatic�n �d Liabili�y t�,.ct, � anr��radecl �"'�E�t.�LA,""), A. �r�d: �.he c�a�ca� law. C�ntracC crf rale ��g� 7 a��6 Cx.i�n7r� �_]rd� C141 VII?rl (_)I`dl! �� ""gia;zard�pu�� a��ria�s" r�ear�s: (i� a�y �a�i all subst�c��} r�a�temials, cheral�cals, �d was�es regul�t�d �ry ��.vi�c�nmen�a� La�vs, �rnd (ii) ��a��c�us su�b�ta�i��,,° °°p��lu�t�n� ar con��uin�t,°" "'pe�rc�l�ua�.,,, �.d "natural �as liq�ai�s"" �s ��ch t��zas �e defined or us�d ir� M,, . +��..�C�A. (% The for��aim� ��r�s�nt�t��s, ��,.rrrantics, ��v�a�ants, i�d�z�rai��s, a:z�..c� �abli�a�i�r�s �f t�� , �;n��r�a�n��a1 1Viat�e�s �ect"re�n shall �u.r�v�ve cic�sing, �nd s�ia��l �� in �y c��cu��tanc�> '� b� �z�z��ed �ith �he ��r��caal "�+JJarr��y Ueed. ,� ' , � �.�. �,�. � , � � . � � � �.k� �� ,� ,� � ��.�� k � � � � t �, �-�.� � 4 �,� �.Q�2 Cov�rnar��s ��d .A.gr�e�n�r�ts a� ��ll�r. Selier c��ven��ts a �d agz��s witk� B�a�er as �"a�l�a�s� (�) Unless s�aat�d �fiherv�is�, within tea� (� fl} cal��dar days ��er �i�a.e E�'fe�tive TT��t�, sefll��, at ��1er's sole �c�s� and �xpez�s�, s��l� de�iver t� ��yer, with r�spect tca th� Pr+��erC�, tt�uu�e, ��rr�ct, �d c+��ag1e�� capi�� 'the fc�ll�ww�n�: (i� .�11 l�as� �gare�nn�r�ts �ad/ar accupan�y ��r�e�nents and/�r l�c��s�s af �y 1�ia��. �r r�a�ur� �i� �ral, S�11er s��l� pravbd� t� ��yer in writ�r�g a1➢ rnat��°i�l t�rms ��rec�#� ��ia.ti�xag t�a the p�ss�ssic�� crf t�a� 1�r�p�rty, �r aa�y p�.nt. th�re��, ianclt�ding any �d �, �11 rrmodiF'�c��ians, �up�l�r,�ent�, �d aamend�a�a�t� the�et� (ih� "`Leas�s"�. (ii� JAi1 �nvir�r�nenta�l audi�s, s�i1 t�est� aa�d engineerin� and f�a��baliiy repc�rts, �z��l�adi�� a�y �zad a,li �,��i�'i��tic�:�s, su�plem�nt� �d �n�ndmen�s ��r�ta, w�th r��p�e� �a� tfl�� Prc�p�rt� that �"�ller p�c�sse�ses ar has tl�� r��r� t� r�ce�we. (b� �"�orn �h� �ffecta�v� T.�a�e until the c�ate of �flc�sir�� or earlier t�rrrn�a�a�ir�r� +a� t�is Cc�n�r�,�t, Se�lex �k��.11�. (i) Na�t �z��er ir�t�r �,n� v+,�a.tt�a� car taz°�1 car�tr��, 1�~�s�b easem�nt c�r ra�ht af wr��y ��m�n�, c�nvey�:nce ��r an� oth�r a�re�rnen� ��' �a�y ki�d witi� ��spect tcr, �r �f�eciir��, the P"roperty that wi�l a��t b� �'�lly p�rfora�edl �� ar b��r� th� �lasi�ag a� wc�uid b� }ain.ding an �uyer �r the �rope�y a�er the date of Clc�sin�g. �iij� Advise the ��yer p�rcar�ptly ��' at�y lzti��ti�a�, axbi�ra��an, ar adm;inis�r��ive k��aa�n� ccra�eerrz�ng �r af%��ng t�� `r�p�r�y. (�ii� Not t�ke, ,ar �r�it tcr talce, any �c�uan �Yiat we�ulci ��sul� in a vicrlat�an of t�e r�pr�s�nta�i�ans, w�acr�ntg��, cc��ve��ts, �nd �,gre�m�r�ts c�f Sel�er. �iv) �I�t ��s a�sign., 1��s� �x ��nv�y �n� ri��, ��tfl� or i��e�est �rhaiso�ver i� �r tc� i:�e Px��erty, �r �reate, ��ar�� c�r per�ni� ta b� �tta.c��d �r� p��f�cted, any lien, �r��uz�:b�r�c�, c�r c�t�r�;e tk�erean. (c) . S�ll�r ��a11 ��de�niiy and h�� :�uyer h�ra�rL�ess, tca t�� e�ct�e�t �r��mi�t�d by lavv, �'rar�a a1:� �ass, li�.bility, �nd e�p�er�s�, inel�ding, witl�out l�miiati�n„ �r�as�a�abie at��meys' �'e�s, �zasis�� r ia�cur��d as � resufli �f �� li�� or c�ai�ns res�.ltia�g fro� labar c�� raa�.t�ri�ls Con�rac� �at Sane �'��e 8 of 2b � C141 V1131�1 (_)I`dl!::: fumished to the Property under any written or oral contracts arising or entered into prior to Closing. �: 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTYCLE VY CUND�T�UNS PREC�DENT TO PERFORMANCE �� 6.01 Pe�rformance of Seller's ObGgations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: {a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or fiunished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, a� a11 of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contrac# unless all representations, warranties, 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 sgecific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under ttus 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, ar the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article TV, Section 4.01 that Buyer has determined that the Property �.�; is unsuitable to or for Buyer's purposes. 6.OS 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 �ontract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived candition precedent. 6.06 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, temiinate this Contract. On Buyer's termination, the Earnest Money shall be immediately _ returned to Buyer by the Tide Company. The Seller sha11, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Contract of Sale Page 9 of 26 C141 VII?rl (_)I`dl! �arn�s� �✓ic��,ey �nc&, there�fters exce�t as �ath��wise �r�av�d�d in �his +��ntract, B��er ar�d �el��r s�l�ai1 hav� r��a fia��h�r c�bliga�zca�� nder �is Contract, t�n� ta �� ther. I• " ,__ '�__ � � 7.0�. 13�t� �nd P1�ce af �°�asi�ug. T��e �lasing (�a�a�nn s� �ailed� sh�ll ta�� place in th� �f:�c�s o�' th� `�itl� +�c��n.p�y az�d s�a1i �r� acc�ampl�sh�d thr�u� �ni. es�cravv ttr be estalali��e� vvitk� �h� � Tztle �Cc��paraya as ��cr�+vwe�. Tk�� C��si�g �►ate (h�rei� sar�aetixn�s called), ,�hall be cr� c�r b��'�r� ,�`�r � � �, ��, u��ss �th�rwis� mut�alfly ��r��d up�n �y �uyer asyd Seller. 7»0;� Ite�aas ta b� Ilc�iv�re�l �t the �losir��. (a� ��le�. At tl�� Clos��, S�ller sh�ll d�1ir��r ar cau�e t�a be delivered t� B��a° �r th� `I"�tle ��a�npa��, �t tkLe e��se �f the p�.rty desigs�at�d �er��n, �h� f�llow�ng it�ms: (r) Th� Tit1e P�alicy, inr the f�rrr� spec��e�i in �►r•t��+e ��I, �uecti+�n 3,(��; (�i� Tl�� Sp�chal �Tilar�a.�ty I7��d, �ubstantially in kl�� arrn as attached �a��tt� �� Attac�z��nt "1", su�ajec� Qn�:y tc� the Fermi�teci Exceptians, �f a�ay, ��aly �x��ut�d by ��11�r and acl�c�wled��da �iai} f�ther �t�ms re�sa�ably r�que��ed by t.�� '�it�� Cc�zn�r�ny a� ad�n��ist�a.tive cequir�mier�is fo� c�rnsuznmati�� thc� Clc��ang. ��) l��''� A� th� Clc��ia�g, ��ye� sha�1 del�ver ��a �e��er ar the '�'��e Corn�aa��,y, the f�ali�wia�� it��a�; �i) T'h� s�m. r�r��zi��d by Arti��+� II, ��c�i�n 2.01, iess th� Earn�st I'rr�+�n�y a�d ��.t�r�st carn�ci the�e�n, i� ��e �'o�m c�f a ch�c� �r c�shi�r's ch�c� �a� othex i�anra�ecii��ely avail��le f�ds; (�x� t�tk�er i�e�z�►s reasan�l�ly r�q��sied �ay th� "i"rtle C�rm�r�y �s �drr�inis�°at�ve r�gr��rem�r�ts fiar car��.rnrnating tk�e �fasin�;. ,� 7.�3 Ad��ustm��t� a� �lasia�. l�ic�tr�,rithst,�d�ng �a�ythir�g t� t.�� c�ntra�ry ��tain�d ia� �his �+��tar��t and with�rut lirs�iti�� the �e¢�era1 a�r�lac�tion of �he �rr�visions a�f ��ectior� �.f�3, ab�v�, tY�e �rra�r�sic��s �a�' th�s Aa�ic�e 'VII, �+�ct�on �,�� sh.all survive the �lasing. T�e t"ailaw�r�g i�em sh�1� b� a��j�z�ted or prr�rat�c� laetv�reen Seller �d �uy�r with r�spect �c+ t�� o��r�y: (�� Ad valore� taxes re'�at��g t+� �h� �`�t�p�rty f�r th� c�l�n��r year in vvhich t�� ls��rag s�a.a11 accur s��ll be �arcarat�d %etw�e�z� �ell�r a��d Buy�r as e�f �he �lasi�� L3ate. �f �e a�tual � �er�nc�unt af iaa��s far t�� lend� �� u� ,w�ick� ��.� �lcas�� .1 oc��zr is aa�t ��avva� as ��" t�e Cl��rn� S��te, t�i� }�rc�r�tian �,� Cl�sin� s1��11 l�e b�� n t�i� aamaua�t o� ��es clu�e �nd �aayabl� �,ru��i x�sp�ct t� �1�� r�p�rty �'�a� the pr�c�di�� c��ad�ar y��r. As sman �s the �ount ��` �es levi�d a�ains� th� �'ra�acrty £'�� t�� ca.l��d�rr y�ar nn w�ic� Cl��ir�� h�11 ��aatra�� c�f Sa1e Pag� l� af�G C141 VII?rl (_)I`dl! occur is known, Seller and Buyer shall readjust in cash the amount of taxes to lse 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 accurring prior to the date of Clasing) and Buyer shall pay for those ta�ces attributable to the geriod of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. �A 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its caunsel, in negodating, 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 allocated between the parties in the customary manner for closings of real property sunilar to the Property in Denton County, Texas. ;� . ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) SeDer's Defaults. Seller is in default under this Contract an 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, 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 VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or terminatian 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} Termina.te this Contract by written notice delivered ta Seller in which event the Buyer shall be entitled to a retum uf the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to retum to Buyer the Earnest Money; Contract of Sale Page 11 of 26 ��. � C141 VII?rl (_)I`dl! �ii) Enf`��e �specific p�rf"�arr��c� c�f this �antrac� ��a"rr�st Selier, x�g�.ir�ing a�ll�r �t� �o�.v�� the �'�c�p�rty tc� �iuyer subj��t tc� �� li��s, �nctaarabrar��.�s, ��c�p�i�ns, �a� c�nditioa�s �rth�r than �hose shawn oa�. �� Title �or�r��,ent, �aher�u�c�n �u�er shalfl w�iv� tit�e ob��ctions, ��' any, ��d acc�ept ��ck� tit�e �v%t�out reducti�n �n F�chas� Pr��e ran ��r�r�fi �a�" ti�� defects a�d sh�l� b� ent�tled to assert ar�y ri�hts f�r d�ma��s bas��c� �n �e11�r's repre�enta�g��as, war�r�.ntie� �nd o�rli�ati��s �hat ar� z�€�t wa�v�d by ��y�r "�y �ts accept�ce af �e1�er'� �it�e� and (iui) �eek �t�er r��ars� ar refl�ef �s may b� a�vaalal�l� ir� Bu�� r by la+�, �c�u�ty, �c�nt�� r ��herw�s�. $.�2 Buyer's T�e��ul� �,�a� 5��1��'s 1�.+��a�dies. (�) �uyer'� l�efaa�alt. I3uyer is ira d��aul� u.a�d�r �hi� ��tract if �3�yer f�ils ta defl�v�r at �lasireg, t�ae i��r�s spe�ified �n �rr�ic�e 'VTi, 5e�ti+an ?.�2(b�) c�f t�is Cc��a�ract ��ar �rry rea�tar� ottl��r �� de%�alt by �ellea� unc��r �his Ct�ntra�t c�r t�rmi��it7n ai" �his ��a�tract �y �uy�r �urs��nnt t�a th� ierar�s here��"pri�r t� �l�a�in�. (b� �ell,e�'s �tea�aedy. �f Buy�r �s in default under �h�s ��n�x�ct, �e11er, as Se11�r's saIe a�nd �xc�usnve ��a��di�s �`a:r tk�� de��ult, may, at ��lle�'s sa�� pti�n, dc� eit,.�e� c�� af fi�a� f�l�cr�v�g. �. � (i� ""�"�z~�auinat� �ais �r��r�ct �y writ�en notice d�livered tn �uy�r �n wi�ich ever�t the Sell�r s1�a1� ka� ��titl�d tra � ce�ur�a �� :��.rn�st :�«�ora��y, a�uc� Buy�r �h�,1�, ,. pr�rxag�ily �� w�ut�t�z� requ�st frarr�► Se�l�r, �x�ecut� and d�iiver a�y �da��umer�ts �ae��sary t� cau�e t�� Tit1e Cc�mpany tQ returrt to ��ller the �arn.est P��an�y; c?r (ii) �nfarce ��e�ific p�rt�rrx��nce ��"t�is Cv�t�ac� ��aiz��t B�ayear. A �t:`TZ�']L � �X T�TI SC:�LI�AP�t� �M�.1�' �.C�1 Nc��i��. All rn�t��s, de��ds„ req�ests, an� at�e� ca�mmunicati�ns req�'rred �er��d�r sh�il b� in vvz•�ti�g, delivered, ��s expr�ssly pro�ided �i��wise in t�i� �c�r�tr�e�, i�y ��i��ar��c �'��simile, b�r l��t� d�l�vez-� �ar l�y tJnited �t�tes I'v�ai�, anci s��al� be de�raied �� be delivered, u��n ��ie ear�ier tc� occur a�` (�} t�e �l�te p�cavid�d 'af pr�v�ded by t��p�a�nic fa,csirr�a�� c�r fla��l c�elave�, a�rdti (b} th� date �f �h� d��crsnt of, in a regularly m�.rr�tain�d r�c�pt�cfl� �'ar t�e L�r�ited St�nt�s fi+/Iai�, a��,gastered e,r certified, r�turn a�e�cei�t req��s�ed, g��ta�a prepa�d, atiiclress�d a� fa�l�ws: �FLL�k: � � � � ,� � � ��' �� ......m � �� `C"e �capy : • City erf i:i�nt�r�. P��1 V+Til�i�.ms�n ��al Estat� �� Ca�rit�� u�rq��r¢ ��!1-A.'�`�xas �tr��t I?�nt�n, '��a� 762C�� f7ritr$Ci (7i �"ac�t� �� 7i Q�� C�pies ��: �a�r �e11er: �� .�y � ��V�F ��N��'... i �: ..., P "�el�c��y: C141 VII?rl (_)I`dl! "I`�lecc�p�y: (9�Q) 349-89� 1 _ w � ., Sccat� "�i, Hickey, �ttor��y at Lav�r �elsey, K.els�y 8c �xck�y, �'LLC �'.�. �i�X �� T�!�rl��n, �'e�C�S ?62�� '�`elec�py: (940� 3�7�95�� 9.02 �av�e�n�� L�w and ''�enu�e, This Cc�ntract is b�i�� ex�e��ted aa�d �e�ive�ed anc� is nntended ta b� perf"trrrnec� in �,he �kate af T��s, f,�� 1aw�r� �a� 7"��s �av�ra�i�� th� valr'dity, c�r�st�r.a��n, �r�far�er��r�� a�ad inte�r�t�t�� c�f �a�s +��tract. "�H�� t��"�"RAC"� I� ��'��.��,� rr�, �r� �� ssv�. �r�� .�r� �c�rigr� ��.c��a�� '�JITI-� R:�SP'�CT' H�R.�T"Q�, �I�ALL �,IE IN DEI'�TC�I'� C�7L]�ITY, T��A,�. 9�.�J3 En�tire� asnci A�e�da�a��t�. �"�i� C�nt.�act erribc�c�ie� t�ie �ntire agreer�e�t b�tween �h� ��ties aacati supe�se�es a1i p�ar ��r��m�nts and un�erstar�dir�gs, i�' �y, r��ated t� th� Prap��, a�ad rr��y b� arr�end�d c�r supp�eme�.�ed �nly in wri��n� �xecuted b� �e ��ty a.��ins� wh�m ��f�re�a�er�� i� �tr�s�ht, 9.04 P�rt�� aun�d. fihis ��anira�t is bi�din� �p�n a�d inaar�� ta the b�a�e�'it ��" S�l�e� �+� :�u�rer, a�d its r�s�ec�i�re successo�s, bene�ciaries �d a�ssi�ns. if' r�que�t�d b� Bu��r, Seller a�rees t�► e�ecut�, �c�c.�crw�edge a�d �e�ard a mer�oranduan c�f ��s Gpntr�ct in tk�� Real �ar�ap��ty �.ec+ards af LL�entt��t �ouraty, Tex�s, impa.rt�:n� �at�c� caf thi� !Cantract to the publ�e. � 9.0� �ais�€ �af �G+ass. I� any darr�a�e a�r c1�s�r�ucti�n ta �te T'��ape�ty sha�l c�cc�ur p�or �o Closa��ag, �r i�' �arty ��rr��n�tian ar an� �rmine�� d�rnain g�race�dzn�� r� �ue�t�r��ed �r �r��ti�t�d by a� �er�ti� c�� p� oth��r t��,ra Buy�r th�t might resu�� ir� th� ta,�ci�a� �� a�a�y �a�rtic�� f the 1Pr+a�ea�ya B�zy�r rnay, at �uy'�r's o��ti�n� cic� an� ��` th� �`�ll�rr�in�: "� �a) 'T'erminate ��is +G�►n�ract and wi�hdaraw fro�a this ir�sac�ian watk�t��t cast, �blig�tic�n ar liability, in wl�icl� case �he E�mes� M�'on�y sha.�1 &�� rram�di��cb�r r��rn�d t� �3uy�a�; c�r {b) G�r�s�ammate thi� +�c�ntract, irt �h�c� cas� �uy�r, wikh re�pect ta t�� Prapez�:y, shall �e enti�tled �o r�ceive az�y �i� �n t�:� c�,se a�' dar��e �r de��;actio�, all izasuran�� pa��c�eds; a:�d (gi) in th� ca.se a�f emin�r�� da��i�a, p:race��s ��id� �`ar �h� ��ap��~ty re�ai�d t� �e ernir��ent d+�n��in praceedin,g�. �3uy�r s�ali h�.ve a per�c�d a�f u� tca te�a (1C►) ca��nd�� d�ys after r�cexpt oi �+ri�� a��ta��ation �'r�rm Sell�r can ��ae final se�;lemen� o�' a�l caa�derau�.atg�an �a�ac��din�s �r �nsu�r�.nc;� claim� r�la��dl t�r d�m�� ar d�stru�cticar� ��' a�ny i¢�prov�rrrea�t l��t�d �n �he �rc�p�rty, i�n w�ieh t� rnak� Y��yer's �1�c�ion. �n ihe �vent B�yer e��cts ta c�as� p�.caa� ta s�c� fiz�� s��tl�znent, tlae� �he �losin� shall talce plac� as �r��ided in Artr'c�e '�rII, �bov�, Ca��ract �fr Sale Fage 13 of 26 C141 VII?rl (_)I`dl! �ad t�i�r� sh�ll b� assi��ed by S�lier �c� L�t�yer a� Cl�sir�� a1� ir�te�`�s�s a�� Scll�er a.�a �nd tca � �r�y arn� �1� ir�su��s7.c� pr��e�ds or conder�atia�n a.w�:rds r�!h�c� t��y �ie �aay��l� �� lea� an �.�c�unt �� s�� ent. i� fihe evernt Buyer �l�cts t� c1as� ta�on th�s ��ntra�� :��r �"i�al �ek�lerr�ent, � d�s�ribed �R�ov�, �1�sing s�.�ii be ��d ""�� (�) �ausaness days a�er sr�ch �'ixaual ��tt��nt. 9.�b �ur��er .�ssur�nces. In add�tip�t ta th� �,cts and deecl� ar�cit�� in tk�i� �antr�c� aa�c1 c+��t�tr�pl�t�d tcr b� pez�f'arm�d, �xec�zt�d andJor delivered by �el1�r a�e� 8��, S�ll�r �ad �u��r aga�� ta �ae�aE`carm, �x�ecu��e �dlor defliver, ar �au�� t� b� ��rfoz�a�.�d, ��u�ed ancU�r �1�1:��er�t� a� t�e Clasin� c�r a�ier the Gl+��iz�� aray i�er c�e�ds, �cts, anc� �ss�r��es as ar� ��asc�nab�y �ecess�z�y to c�a��aamma�e th� �r�nsa�ti�n�s c�n�t�c��t�� hereby, �l`c�twifih��.nd�a�� a.ythxn� t� t&�� ca��rany ��ant��cd iz� t�iis ��ntr�ct �nd with�wt limitin� tl��e ��.�ral a�plic:a�tia�� f th� prav�sic�ns a�' S��tuo� 5.[!3, ab�wre, t�e pa�ovisa��a.s af t�is Art�cl� T�, '�ectio� 9.U�6 sha11 survive ��c,sin�. 9.(?? Ti�m� �s af tk�� Esse�c�. �t is e�pre�sly a�r��d betw�en Buyer and ��ller �t��t tirn� is a�` the �ss�rb�� ti�ka r�spe�t �a� tl�is �+��tract. 9.(18 ��c��bita. T�he ��hibits which ar� r�f��r�c�d ir�, and a�c�.ed ta tihis �ar�tract, are incc�ag�r��t�d i� and rr�ade a�art of, th�s �c�ntrac� fc►r �11 �ur�aoses. 9.09 l��l��io� af A�t�+�rrity. A��a�rity to �a�rc �y �ct�crns t�i�t �re t�a be, c�r �anay 1ae, t,�lcen by Buy�r �der �s �Cantiract, includ�ng �wi`t1�c�ut lyrr�ita��or�, a�justrn�nt caf" the Ciasin,g �►ate, �a� h�a�eby d.e��at�d by �uyer, puars�a�;n:t tc� �cti�n by �he �i�:y Cc��acil ca� ��a�taz�a `��as, t�a Fr�c Payne, �'.E., �r�y En�in��r of $uy�r, �r l�is d�si�n��. ��lU! �am�tract P��cu#i+��. T�.is Contraci o�' S�le r�ay �ae ex��ut�d u� �n� nw�n�er af c�o,�nt�r�a�s, �lk a��` whi�� t��rz tag��r slaal� ��n�tit�t� c�n� �,nd the sam� �.gr��ment, �rd �ny �a�` th� �a�.rki�s here�� may ex�c�t� ��is A,gree�nera� by �i�;�� any �uck� coun��rpar�. 9, ��'.Buu�sin+��s ��iys. If ihe ��casin� �ate ar �he� day c�f per��rmance r�qraired �r permi�Ced u��d�r this C�z�tract �`ails trn � Saturdia�, �ur�d�y ar I�!�r��ar� �a��ty h�i�da�', t��n th� ��sin� T�!a�� car the d�t� af su�� a�'a�rz��artc.�, a� t.�e case rr��y be, sha1� be t�e r��xt �"��1�a�v�ng re�uiar �rusiness day. 9,12 �t.e��acatian. F�el�cati+an advbsnry services and relocat�an fin�.ncaal as�i�t�.n��, i�' a�p�Pic�Y�l� �aurs�aar�t �� 7a-din�r�� Na. 2�? 12-�7� (th� "��la�catuc�a� Qrdi�a�c�e"), sh�il �� administe��d as �„„�r�vid�d �y th� F��b�cation �r�i��nnc�, aside �nd �part �'ra�a �he transactir�n c��tenr�pla�ed �y tkai� � � �e��a.txact. � ti �.� �'�� "�,�, ��,� �� ,�,��-��,, , � �� r` ��-� �,� �� ° � ��LLE�i: �� r� o �� .�. �. ��,� � m� 1i�.� �� -��. ��.��«��, �� .�,� -� y:: �'��"�� .�� L�'�JA.� �. WtJL�I� �� x�c�t�d by Se11e� or� �he day c��' �Cll4. �crntract ca�' Sale �'a�e i4 af2� C141 VII?rl (_)I`dl! k �' ' By. � GEORGE C. CAMPBELL, CITY IYIANAGER Executed by Buyer on the day of , 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC � 1 �: ►�. -_ -- - Cuntract of Sale Page 15 of 26 � � � x� � � � � � � C141 VII?rl (_)I`dl! � RECEIPT OF AGREEMENT BY TITLE COMPANY 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 furttier set forth in any regulations or forms promulgated thereunder. . ; TITLE COMPANY: Tide Resources, LLC 525 South Loop 288, Suite 12S Denton, Texas 76205 Telephone: (940) 381-1006 Telecopy: (940) 898-0121 By: Printed Name: Tide: Contract receipt date: , 2014 Contract of Sale Page 16 of 26 Cx.i�n7r� �_]rd� � � a r: � �x: � �� C141 VII?rl (_)I`dl! Exhiblt "A-1" To Contract of Sale LEGA�C DESCRIPTIQN BEING a 10.070 acre tract of land situated in the J.S. Collard Survey, Abstract No. 297, City of Denton, Denton County, Texas, and being part of a called 38.524 acre tract of lar�d described in a Deed to Edward F. Wolski, as reoorded in Document Number 2005-50257 of the Real Property Records of Dentan County, Texas, and being more particularly described as follows: BEGINN{NG at a PK nail found for corner in Riney Road, a variable width prescriptive r�ght-0f-way, said point being the Southeast comer of the above cited 38.524 acre tract, and the Southwest comer of a called 23.212 acre tract described in a Deed to J.C. Mitchell and Texas Cinema Corporation, as recoraed in � Volume 3184, Page 552 of the Deed Records of Denton County, Texas, said point also being in the approximate South line of the J.S. Collard Survey, Abstract No. 297, and the North line of the N. Meisenhamer Survey, Abstract No. 81U; THENCE North 89°17'49" West along said Riney Road, the South line of said 38.524 acre tract and the approximate South line of said J.S. Collarti Survey, for a distance of 719.97 feet to a PK nail found for comer at the Southwest corrter of said 38.524 acre tract, said point also being the Southeast comer of a tract of land oonveyed to the City of Denton, Texas, per Deed recorded in Volume 537, Page 32 of the Deed Records of Denton County, Texas; . , THENCE North 00°25'58" East departing saEd Riney Road, and along the rnost Southerly West line of said 38.524 acre tract and the East fine of said Ciry of Denton tract, for a distance of 225.00 feet to a 3 inch steei fence camer post faund for corner; THENCE North 89°11'10" West alang the most Weste�ly South {ine of said 38.524 acre tract and the North line of said City of Denton tract, passing a 5/8 inch iron rod with cap stamped "TNP° set for reference at a distance of 218.22 feet and con�nuing along said line for a total d istanoe of 250.00 feet to a point for comer in the centerline of Bonnie Brae Drive (a variable width right-of-way), said point being the most Westeriy Southwest comer of said 38.524 acre tract, said point also being in the approximate West line of said J.S. �- Collard Survey and the East line of the N. Wade Survey, Abstract No. 1407; THENCE North 00°21'43" East along the projected centeriine of said Bonnie Brae Drive, and alang the West Eine of said 38.524 acre trac# and the approximate West line of said J.S. Caflard Survey, for a distance of 274.52 feet to a point for comer near the existing West edge of said Bonnie Brae Drive; THENCE South 89°17'49" East departing said Bonnie Brae Drive, the West line of said 38.524 acre tract and the spproximate West line of said J.S. Collard Survey, passing a 5/8 inch iron rod with cap stamped "TNP° sei for reference at a distance of 35.00 feet, and continuing alang said line for a total distance of 1010.10 feet to a 5/8 inch iron red with cap stamped `TNP° set for oomer in the East line of said 38.524 ` acre tract and the West line of said 23.212 acre tract; THENCE South 04°59'05" West, along the East line of said 38.524 acre tract and the West line of said 23.212 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 483.40 feet and c:ontinuing along said line for a total distance of 501.40 feet to the POINT OF BEGINNING, and containing 10.070 acres of land, more or less. Page 17 of 26 �� `�F� � }�� °� ! ��i � ' o �''!>.t,.�— � � � a� �� ; � � �� '- • �°+.. �... �ONNiB BRAB pR. , °�a�:`"� --'�; f •---�-__.__-._._ — — _.___-..._._..----_•--------_--- = _:: �r�i' , ��. � ,. � � � � � � �`�� i . � �� E I , �� `.;� 1�t , � . �\ � ♦ ``�� /�' � � / � 9�/ / � / , , , ...._,,,� �, � . � r'� — — -- �'�_,.,-.� ��a"� e �f � � � —� -- ' i� � � � � �1 , 'E 4 �� ' � � ._.__._._:; � .�..m. S � �........,., � , �, r � � �`A ' �._ _. ._. �� $ .� � � _ _._._ � � � '1 �. � ,�� i � �� ' � �a�� 1 t . � Q�� ' � 6� �� ' II� � i�� I � .�i � �6 ��... � � �, — — ._.__. _ , P �� EP � ��: � �u� �� t � �� 1 ��;�� : q�� E�� °� � l� �:� I�� E� 1 �� ;� ; ! t! p ' � g� � � !� �t �� ` ��t E � e � �� i�;� '�� t� g� : '�� t#��6i�p��y i� � � !4 t#��_c t. r � �A ;�� ;� ��o� ' ��1�-R ��i; I �� ° �e �� y �� a � @ Q � 1 �j '� � � ; � 4�� {� � � �� 5 i � � if i � � �� Yi #� �r�i�li �' F�aE i � � � � � a !; � � � f �f � �i i � � gc�� ,� P� ��Bie � i�i: ^"—.. . p� ia orze"'�` — Cx.i�n7r� �_]rd�. � �� T/ � . �� , � �, t �� t ! �l� �� f� �i r�� E� �; � ' � ; � s . i �� q �#�� s�g f� �`tf �ti , �g �� j t l �1i �� t �°� �� ` � {1 ''a �l r �� it; �� i � e� t� �` E� �:f �� ii � ;�' ��` i� gK f�; �� (�� i !�; ��' �i . '; �'� << ��i i �1� ,�� p E �• �� t �t� � ��t jr� �� i1 E r �1 � �i �1 �� < i f� E�' iE . �• �t � � � . �. �� ; .� .t `; [p * �'r� � �� If� ��: � ij � ��i j �� •e� ie . :� i� :�1 � �� i �� { t� ►. i tTt ! .. ��I !! C141 VII?rl (_)I`dl! Exhibit "B" To Ccntract cf Sale L.EGAL. DESCRlPTION — PROPOSED 30' UTILITY EASEMENT BE{NG a 0.345 acre traci of land situated in the J.S. Collard Survey, Abstract No. 297, City of Denton, Denton County, Texas, and being part of a called 38.524 acre tract of land described in a Deed to Edward F. Wolski, as recorded in Document Number 2005-50257 of the Reat Prope�ty Rec�rcls of Denton County, Texas, and being more particulariy described as follows: BEG{NNlNG at a PK nail found for comer in Riney Road, a variable width prescriptive right-of-way, said � point being the Southeast comer of the above cited 38.524 acre tract, and the Southwest comer of a called 23.242 acre tract described in a Deed to J.C. Mitchell and Texas Cinema Corporation, as recorded in Voiume 3180, Page 552 of the Deed Records of Denton County, Texas, said point a[so being in the approximate South line of the J.S. Colfard Survey, Abstract No. 297, and the Ncrth line of the N. Meisenhamer Survey, Abstract No. 810; THENCE North 89°17'49" West along said Riney Road, the South line of said 38.524 acre tract and the approximate South line of safd J.S. Collard Survey, for a distance of 30.08 feet to a point for corner, THENCE North 04°59'05" East, departing said Riney Road, and the South line of said 38.524 acre tract ° and the approximate South line of said J.S. Collard Survey, for a distance of 501.44 feet to a point for comer, THENCE South 89°17'49" East, for a distance of 30.08 feet to a 5/8 inch iron rod with cap stamped "TlVP" set for comer in the East line af said 38.524 acre tract and the West line of said 23.212 acre tract; THENCE South 04°59'05" West, along the East line of said 38.524 acre tract and the West I[ne of said 23.212 acre tract, passing a 5/8 inch iron rod with cap stamped °TNP" set for reference at a distance of 483.40 feet and contlnuing along said line for a total distance of 501.40 feet to the POINT OF BEGINNiNG, � and containing 0.345 acres of land, more or less. Page 19 of 26 � Cx.i�n7r� �_]rd� AT'TACHMENT "1" to Contract of Sale �., NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF TI� FOLLUWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN '� REAL PROPERTY BEFORE TT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER STATE OF TEXAS COUNTY OF DENTON 0 `�� ti SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS That EDWARD F. WOLSKI ( herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.40), and other good and valuable consideration to Grantor in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporadon (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and su�ciency of wluch are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A-1" and depicted on Exhibit "A-2" attached hereto and made a part hereof for aIl purposes, and being located in Denton County, Texas, together with any and all � � � .�. v rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances fi= thereto (collectively, the "Property"). Crrantor, subject to the limitation of such reservation made herein, reserves, for himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property that he owns. Grrantor, his 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 Cantract of Sale Page 20 of 26 � x. Cx.i�n7r� �_]rd� • 7: Cx.i�n7r� �_]rd� 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 batter�es, pipelines, roads, electricity or ather utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or s any other infrrasstructure or improvement of any kind or type in connection with or related tv the reserved oil, gas and other minerals, and/or related to the exploration or productian of same. � As used herein, the term "minerals" shall include oil, gas and all associated hydrocazbons, and shall exclude (i) all substances (except oil, gas and all associated . hydrocarbons) that any reasonable extraction, mining or other exploration andlor 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 Progerty. 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 Progert�' 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. �' Grantor, fixrther retains and reserves for lvmself, his heirs, devisees, successors and ` assigns forever, the free, uninterrupted, and perpetual use of, and a separate right to maintain, a 0.345 acre non-exclusive utility easement aver the passageway described in this paragraph and located on the Property. This easement is located along the entire eastern boundary of the � Property as it exists at tlus time and is generally thirty feet (30') in width. . Dominant Estate Property (including any improvements): All that certain property conveyed by that certain Warranty Deed dated Apri128, 2005, by Bruce Park, as Trustee of Trust #287, dated October �15, 2001 as Grantor to Edward F. Wolski, husband of Carrie C. Wolski, as his separate property as Grantee, recorded under Instrument Number 2005-50257 of the Official '� Public Records of Denton County, Texas, SAVE AND EXCEPT, the Property described in the attached Exhibit "A-1" to this Sgecial Warranty Deed. Concract of Sale Page 21 of 26 � Cx.i�n7r� �_]rd� � C141 VII?rl (_)I`dl! Easement Progerry: The Easement is described on Exhibit "B" and depicted on Exhibit "A-2" attached hereto. � Easement Purpose: To provide free and uninterrupted implementation of utilities to and from the Dominant Estate Property, and portions thereof, to and from Riney Road, in the City of � Denton, Denton County, Texas. Utiiities shall include, but not be limited to electricity, retail natural gas, fresh water, waste water, storm sewer and sewer lines for the benefit of the Dominant Estate Property. Such implementadon of utilities sha11 be subject to all applicable r federal, state, county and city laws, rules, regulations, ordinances and other governing sta.tutes coacerning the implementation, construction, operation or use of such utilities. � This conveyance is subject to the following: (All of thase Exceptions from Coverage found on Schedule B of the Owners Title Policy w, to which referenced is hereby made for all purposes and incorporated by reference as is fully set forth herein.) TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Crrantor's heirs, devisees, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee p� and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not A otherwise. EXECUTED the day of , 2014 r° EDWARD F. WOLSKI . Contract of $aie Page 22 of 26 � � x� C141 VII?rl (_)I`dl! 'THE STATE OF § � COUNTY OF � This inshvment was acknowledged before me on ihis 2014, by EDWARD F. WOLSKI. My Commission Expires: Upon Filing Return To: The City of Denton-Engineering Aitn: Paul Williamson 901-A Texas Street Denton, TX 76209 aay of , Notary Public, in and for the State of Texas Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 Contract of Sale Page 23 of 26 Cx.i�n7r� �_]rd� L�� - e ,:. � �:. r� C141 VII?rl (_)I`dl! Exhibit "A-1" To Corrtract of Sa4e. L�EGAL DESCRIPT/ON BEING a 10.070 acre tract of land situated in the J.S. Coliard Survey, Abstract No. 297, City of Denton, Denton County, Texas, and being part of a called 38.524 acre tract of land described in a Deed to Edward F. Woiski, as recarded in Document Number 2005-50257 of the Real Property Records of Denton County, Texas, and being more particulariy described as foflows: BEGINNING at a PK nail fQUnd for comer in Riney Road, a variable width prescriptive right-of-way, said point being the Soufheast comer of the above cited 38.524 acre tract, and the SoutMwest comer of a ca�led 23.212 acre tract desc�€bed in a Deed to J.C. Mitchell and Texas Cinema Corparadon, as recorded in Volume 3180, Page 552 of the Deed Records of Denton County, Texas, said point also being in the approximate Scuth line of the J.S. Collard Survey, Abstract No. 297, and the Narth line of the N. Meisenhamer Survey, Abstract No. 810; THENCE North 89°17'49" West along said Riney Road, the South line af said 38.524 acre tract and the approximate South line of said J.S. Collard Survey, for a distance of 719.57 feet to a PK nail found for comer at the Southwest comer of said 38.524 acre tract, said point also being the Southeast carrter of a tract of land cflnveyed to the City of Denton, Texas, per Deed recorded in Volume 537, Page 32 of the Deed Records of Denton County, Texas; THENCE North 00°25'S8" East departing said Riney Road, and along the most Southeriy West line of said 38.524 acre traat and the East line of said City of Denton tract, far a distance of 225.00 feet to a 3 inch steel fence corrser post found for comer; THENCE North 89°11'10" West along the mast Westerly South line of said 38.524 acre tract and the North line of said City of Denton tract, passing a 5/8 inch iron rod with cap stamped "TNR" set for referenoe at a distance of 218.22 feet and continuing aEong said line for a total distance of 250.00 feet to a point for comer in the centerline of Bonnie Brae Drive (a variable width right-of-way), said point being the rriost Westerly Southwest comer of said 38.524 acre tract, said point also being in the approximate West line of said J.S. Cofiard Sunrey and the East line of the N. Wade Sunrey, Abstract No. 1407; THENCE Narth 00°21'43" East along the prajected centerline of said Bonnie Brae Drive, and along the West line of saEd 38.524 acre tract and the approximate West line of said J.S. Collard Survey, for a distance af 274.52 feet to a point for comer r�ear the existing West edge of said Bonnie Brae Drive; THENCE South 89°17'49" East departing said Bonnie Brae Drive, the West line of said 38.524 acre tract and the approximate West line of said J.S. Collard Sunrey, passing a 5/8 inch iron rad with cap stamped '?NP° set for reference at a distance of 35.00 feet, and continuing along said line for a totai distance of 1010.10 feet to a 5/8 inch iron rod wlth cap stamped "TNP" set for comer in the East line of said 38.524 acre tract �and the West line of said 23.212 acre tract; THENCE South 04°59'05" West, along the Easi line of said 38.524 acre tract and the West line of said 23.212 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP' set for reference at a distance of 483.40 feet and continuing along said line for a total distance of 501.40 feet to the POINT OF BEGINNENG, and containing 10.070 acres of land, more o� less. Page 24 of 26 �� I � rt 3. � � ��!i# � f �� ' ��a� ��i� i � ' i 0 0.� � � � � � �� i � � � �� T '_�-- wu• —? r — _ ' I � 1 ��..'�'� "" � � � � S!b i L� �� I � ' �� j I �� a , : :� # �f � + ;�!i' _._.__._._ � � N1��l�.O4N r ��Y�wl.��rf / ; ; � � � �� ._ _. ._ �� , �� - - - - , 9 � ' a. ,�� ,, ; � ,� � � � � ze�� sa� E� ' � �jg�� F � FI � ;l , � ��;� ��'��. �� ___ _.�__ ,. �� -�' . �� K ��s � � � ��i O I ��r � �t� � � �. � q�� g� �� a� � �� ,��'��'�(�� ± i �pi p+ ; �: a! ' g� I [�� l� ��,'�� d�� ; � a �s � !a � w ;o� �� ::� �� I ` �g f E „� t � � �� e � �E � f � 4 �� 7' � � � �� 7 i ,�, r�� 6 �€�� ; � / 4 /E � � � c. � � �,,, , ��g � \��,� j�� '� �� ` �' � . ` \ i �� \\�� //f �99•� / ;ll�y � � � � � . � :�-�.,,,, �i . , h P i �� !ii �� ; i ;� `�; }�t ', � � i �� ;i�r��f� !�� r � �� :� � t� I �E !t � ir � �i Pa¢e ?5 �', �i�� E �e � � �1 �� I � r i� �o! ' �� M � � �� 5� �:. C141 VII?rl (_)I`dl! Exhibit "B" To Cantract of Sale LEGAL DESCRIPT/ON — PR4POSED 30' UTILlTY EASEMENT BEING a 0.345 acre tract of land situated in the J.S. Co1la�d Survey, Abstract No. 297, City of Denton, Denton County, Texas, and being part of a called 38.524 acre hact of land described in a Deed to Edward F. Walski, as reoorded in Document Number 2005-50257 of the Real Property Records of Denfion County, Texas, and being more particularly described as follows: BEGINNING at a PK nail found for corner in Riney Road, a variable width prescriptive right-of-way, said point being the Southeast comer of the above cited 38.524 acre tract, and the Southwest corrier of a catled 23.212 acre tract described in a Deed to J.C. Mitchefl and Texas Cinema Corporation, as recorded in Volume 3180, Page 552 of the Oeed Records of Denton County, Texas, said point also being in the approximate South line of the J.S. Collard Survey, Abstract No. 297, and the North line of the IV. Meisenhamer Survey, Abstract No. 810; THENCE North 89°17'49" West along said Riney Road, the South line of said 38.524 acre tract and the approximate South line of said J.S. Collard Survey, for a distance of 30.�8 feet to a point for comer, THENCE North 04°59'05" East, departing said Riney Road, and the South line of said 38.524 acre tract and the approximate South line of said J.S. Collard Survey, for a distance of 501.40 feet to a point fer comer, THENCE South 89°17'49" East, for a distance of 30.08 feet to a 5/8 inch iron rod with cap stamped °TNP" set for comer in the East line of said 38.524 acre tract and the West line of said 23.212 acre trac� THENCE South 04°59'05" West, along the East line of said 38.524 acre tract and the West line of said 23.212 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of 483.40 feet and continuing along said line for a total distance of 501.40 feet to the POINT OF BEGINNING, and containing 0.345 acres of land, more or less. Page 26 of 26 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0266, Version: 1 Agenda Information Sheet DEPARTMENT: City Manager's Office CM: Date: George C. Campbell June 10, 2014 SUBJECT Consider approval of a resolution confirming the appointment of Ross Chadwick as Interim Fire Chief of the City of Denton Fire Department; and declaring an effective date. BACKGROUND Ross Chadwick retired from his position as Fire Chief effective June 6, 2014 after serving 18 years in that capacity. The City is currently in the process of searching for a replacement, and while that process is conducted, Ross has agreed to serve in a temporary position as Interim Fire Chief until a replacement is appointed. Though formally retired, Ross' willingness to serve in this temporary capacity is appreciated and it is expected to help make this transition much smoother for the organization. RECOMMENDATION Chapter 143.013 (a)(1) of the Tex. Gov't Code states, "Unless elected, each department head (police or fire chief) is appointed by the municipalities chief executive and confirmed by the governing body." The City Manager has elected to appoint Ross Chadwick as the Interim Fire Chief effective June 23, 2014, and request City Council's consideration to confirm this appointment. PRIOR ACTION/REVIEW (Council, Boards, Commissions) There has been no prior action or review on this agenda item. EXHIBITS l. Resolution. Respectfully submitted: George C. Campbell City Manager City of Denton Page 1 of 1 Printed on 6/6/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� S�.u.,e�}ttlVC.1ur d7ocumentsVItc�solwionsV14Ainte�rim f�re Ehief doc I2ES(JI,U"T'IC7I`�1 N(). A RESOLUTIC7N CONFa'IRNIII`�C� 'f'��E AI'I'(7INTMEN'l' OF F�C)SS C'�IAD�N[C�K AS IT�ITERIM FIRL CHIF,F" O1� "I'HF CI"I"Y OF DL;N'I'C)N FIF�F I7E�'ARTM�N"I; AI`,1D DECYLEII2INCi AN EFFI:�C"I,IVF L)A"I"E. WH�'KE��;, the �Lirsuant to I.,c�cal CJovernmer�t Cc�d�; ;�143.013, the C'ity Mana�;er has appainted Rcrss Chaclwick tc� se��ve ten�pc�rarily as Interi�7� F��ire C'hief' c�f the C:�ity c�� T�ent�7n F^'ire I7epartment; anr� W��EI�F_,�15, the City C`'c�tzncil crfthc� City �af De1lto�t7 has dete�t°rninec� that the appc�intment she�uld be e�nfirmec�; NC►W, T'I-�ERF;FOfZ£',, T'�-IE C(7UNC�IL OF ,I.I-I�; C�ITY OF [)ENT'C)N I�f;I��F3Y Ii:�:SOLVF�,�S: SL;CTION 1. The tem�7c�rary ap��aint��rnei7t af Rass Chadwicl� ��s [tit�ri�n Firc� C'hief oF the; Gity aFl7entc�n I�ire I�cpartnient is hereby con�firmeci. SEC"I'I01� 2. "I"11is r�s��lutic�r� sliall l��cc�mc effectiv� in�i�ediately upc�n its p�ssa�;� and ap�roval, a�nc� �until st�ch tin�e as t�he cc�nfirmati<�n is revc�ked �7r supersedec� �iy a su�s�c�uen�t apperint�ment and ce��nfirnl�tie��n. PASSED .�!.I�1L7 Al'�'RC7VFI:7 thi:� the � day of_.__.__�______.. _._� �014. C�I�RIS WA,I„I"S, MAYOR A7"I"EST: JLNNIFI��Z WAI1T�;}�S, CIrI'Y SIr�CYF�F'TAR:Y E3Y: �lF'�'ROVl;L7 AS TC7 LECiAi., I'(JRM: ANL"I�� BtJI�C��S, C"IrI"Y A`I^fl'ORNF;Y ��, � � � �. , i � x.. �3Y: � �,-'�� ` �. `� � `� � �... � � 4 �, w��