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HomeMy WebLinkAbout25-763RESOLUTION NO. 25-763 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, TO ESTABLISH THE LIMITS OF THE CERTAIN PUBLIC ROADWAY TRANSFERRED BY THE TEXAS DEPARTMENT OF TRANSPORTATION AND DESCRIBED HEREIN ON EXHIBIT “A” AS CITY OF DENTON PUBLIC ROADS. THE LIMITS OF THE CERTAIN PUBLIC ROADWAY DESCRIBED ABOVE ARE ELM STREET AND LOCUST STREET FROM EAGLE DRIVE TO UNIVERSITY DRIVE. WHEREAS, on January 23, 2024, the City Council approved and authorized the request of transfer of the property, for public purposes, which property is situated within the City of Denton and more particularly described in Exhibit “A“ attached hereto (the “Property”)’ WHEREAS, on October 15, 2024, the Texas Department of Transportation executed a transfer deed for the right-of-way for U.S. 77, also called Locust Street, for public use purposes and attached hereto as Exhibit “B;” WHEREAS, on March 26, 2025, the Texas Department of Transportation executed a transfer deed for the right-of-way of U.S. 77, also called Elm Street, for public use purposes and attached hereto as Exhibit “C;” WHEREAS, the Texas Department of Transportation completed work on Elm and Locust Street from Eagle Drive to McKinney Street to bring the roadway quality in line with the City of Denton Standards; and WHEREAS, the City of Denton wishes to undertake full jurisdiction, control, and maintenance of the Property; and WHEREAS, the City of Denton will work to maintain and improve the aforementioned property in perpetuIty; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. The findings and recitals contained in the preamble to this resolution are hereby incorporated into the body of this resolution as fully set forth herein. SECTION 2. With the transfer of the property more particularly described in Exhibit “A“ attached hereto from the State of Texas, by and through the Texas Transportation Commission, to the City of Denton, the City of Denton undertakes full jurisdiction, control, and maintenance of the property for public road purposed with the understanding that, if the property is no longer used for public road purposes, it shall automatically revert to the State of Texas. SECTION 3. The State of Texas, by and through the Texas Transportation Commission, and on behalf of the Texas Department of Transportation, has executed the instruments set forth in Exhibit B and Exhibit C attached hereto and made a part hereof for all purposes. SECTION 4. If any provision of this resolution or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by Jill Jester and seconded by Brian Beck. The resolution was passed and approved by the following vote [ 7 - 0 ] : _Aye Nay Abstain Absent Gerard Hudspeth, Mayor:X Vicki Byrd, District 1 :X X X X X X Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the 6th day of May, 2025. aN ATTEST LAUREN THODEN, CITY SECRETARY By \\\11111111 APPROVED AS TO LEGAL FORM: MACK REINWAND. CITY ATTORNEY By : EXHIBIT A (Roadway Transfer to Governmental Entity Request for US 77 From Eagle Drive to US 380) TRANSFER TO GE REQUEST MEMO 1/8/2024 Subject:Roadway Transfer to Governmental Entity Request for US 77 (From Eagle Drive to US 380) Vicinity/Area Map US 77 from Eagje DrIve to US 38el–Proposed Transfer to Local Government Tpd US 377 to remain On 'System -> < Turn-Back Information The transfer is on US 77 from Eagle Drive to US 380. Eagle Drive is also On-System and will remain On- System to provide a connection between US 377 and US 77 to the South. US 77 will connect to the North of US 380. The section of US 77 proposed to be transferred to the Local Government is a one-way couplet that runs through downtown Denton and primarily serves local traffic visiting the Downtown core. Description of Section with Limits (Plan view, if helpful) The existing section of US 77 includes a one-way couple through Downtown Denton. From Eagle Drive to Hickory Street (Downtown Square), Southbound is 2-Lanes and Northbound is 3 Lanes. From Hickory Street through McKinney Street, there are 2-Lanes Northbound and 2-Lanes Southbound. From McKinney Street to Congress Street, there are 2-Lanes Northbound and 3- Lanes Southbound. From Congress Street to US 380, the are 2-Lanes Northbound and 2-Lanes Southbound. From W. Prairie Street to McKinney Street, there is On-Street parking through the Downtown core bZ> SCALE, I''t®' i > EU t .:,}J;';'F;,hl-=+ ::h- fIBa iRaq\% cl- I Y– fi TH\\\\n :{ Fi- ==l VA77/71(,I:' ! ! p J:111:==111H1+ + d: 1 9 B ==: ’--: - ' ::i - : = AP ! '-' 'l rl Traffic (Existing and Projected) US 77: From Eagle Drive to US 380 2021 AADT 15,480 2041 AADT 20,743 tU 77 g lay STI I Typical Section (Existing and Proposed)HT a15r.w GE PAMVr caRS) m. WE isa PAWWvr UISTING TYPeAL SECTION tIA 77 SB tELI STI 1 ' " "I” "“" ” WWW A\D CEWfr TRaTvofr 17 -21 OHM TROT 8bnNG BAE AND swRAa COAT MLcaTWORK AND CEWVrTRDTMHTUP 1?-2iaHwrTRaT4'rYSF4 PG 6422 4' TrS&B A &4-22 ExlsnNC W W SUBRIE PROPOSED TYPICAL SECTON Proposing The City of Denton is requesting US 77 from Eagle Drive to US 380 be transferred to the local government. To the South of the requested turnback, US 377 and US 77 are connected by Eagle Drive (Eagle Drive is designated as both US 377 and US 77). These On-System roadways to the South of the transfer are proposed to remain On-System to maintain connectivity for the State system outside of the city’s Downtown Core. Further, US 77 North of US 380 is proposed to remain On-System and provide a connection from US 380 to North Loop 288 and 1-35. The section proposed for the transfer is being requested by the City of Denton to allow for the City to begin planning to expanding pedestrian elements, aesthetics and beautification efforts to their downtown core and re-configure on-street parking through the downtown core. Reason for Request -What is Proposed? -Why is it Proposed? The City of Denton is not planning to reduce capacity along this section of US 77 after the transfer. Future feasibility studies are planned to look at improving configurations for multi- modal transportation options along the corridor that maintain existing capacity for vehicles. In addition, the City of Denton has City water and wastewater lines under the pavement of US 77 that date back before the roadway was designated On-System. The City of Denton has undergone substantial reconstruction of those facilities, but they remain under the pavement of the roadway. Transferring this section of US 77 allows the city to maintain their facilities more efficiently. A planned TxDOT project will rehabilitate a section of US 77 from Eagle Drive to McKinney Street. The proposed projects and turnback would have minimal impacts to traffic flow through the area The transfer would improve safety for both the traveling public in vehicles as well has pedestrians and bicyclists as the City explores options to re-configure On-Street parking and further separate and dedicate areas to alternative modes of transportation. Particular Points to be Addressed 1. No2. No -Is there a Planned Lane Number or Size Reduction ? 3. 4. No. Full connectivity remains on the State system by maintaining the connectIon at Eagle Drive. Savings will be found in the reduction of maintenance costs. Some of which are on- going maintenance costs as a result of the water and wastewater lines under the roadway.-Is Roadway Capacity to be Reduced? -Is there a Traffic Impact on the State System? -What are the Anticipated Savings? Funding (if needed)Roadway Project (Eagle Drive to McKinney Street - CSJ: 019G<)1-:117): Estimated costs are $ 2.2 M and will be funded through the Dallas District’s CAT 1 allocation. Timeline for Transfer The rehabilitation project is planned to let Q3 FY 2024. The documentation, resolution and approval for the transfer would happen concurrently with the project planning. At completion of the rehabilitation, the City of Denton would accept the transfer to an Off-System roadway. Reviewer Use OnlyMEMvi TPP IRlrjHHlIB aot.£ov Director of Project Development Chief Engineer 5 EXHIBIT B Locust Street Deed TRANSFER OF RIGlrr OF WAY STATE OF TEXAS § § § Highway US 77 COUNTY OF DENTON THE STATE OF TEXAS, acting by and through the Texas Transportation Commission and on behalf of the Texas Department of Transportation, hereinafter referred to as “Grantor,“ pursuant to Minute Order 1 16668 passed by the Texas Transportation Commbsion on March 28, 2024, as shown by the official minutes of the Texas Transportation Commission, and in consideration of the Grantee assuming jurisdiction, control, and maintenance of the highway right of way the subject of this transfer, as dewribed in Exhibit A, has this day Sold and Transferred and by these presents does Grant, Assign, Sell, and Convey, for public road purposes, unto CITY OF DEIVTON, hereinafter referred to as “Grantee,” all ofGrantor’s righl title, and interest in and to that certain tract or parcel of land situated in [knton County, Texas, said land being more particularly described in Exhibit A, attached hereto and made a part hereof, (such tract or parcel of land hereinafter referred to as the “Tract”); SAVE AND EXCEPt, however, there is excepted and reserved henfrom all ofGrantor’s right, title, and interest, if any, in and to all of the oil, gas, sulphur, and other minerals, of every kind and character, in, on, under, and that may be produced from the Tract. ADDITIONAL RESERVATION: if the property is no longer used for public road purposes, if the unrestricted nntor vehicle lanes are reduced in number or width, or if the capacity of the roadway is reduced at all, said real property shall immediately and automatically revert to the State of Texas. This transfer is pursuant to V.T.C. A., Transportation Code, Chapter 202, Subchapter B, g 202.021(e)(2). Anything herein to the contrary notwithstanding, this conveyance is made subject to the rights of any and all existing public utilities or common carriers in accordance with V. T.C. A„ Transportation Code, Chapter 202, Subchapter B, § 202.029. Any required adjustment will be at no cost to Grantor. Furthermore, this conveyance is made subject to any easements for access to a right of way, implied or otherwise, appurtenant to any and all pmpenies abuthng the Tract in addition, this canyeyance. is sulgect to a]J matters of public record and to all easement$ 1eases, agreements, licenses, or other interests which afFect the Tract, and to any matter which would be disclosed by title examination, survey, investigation, or inquiry, including, but not limited to, the rights of parties in possession. BY THE ACCEPTANCE OF THIS TRANSFER OF RIGHT OF WAY, GRANrEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS THOROUGHLY INSPECTED AND EXAMINED THE TRACT TO THE EXTENT DEEMED NECESSARY BY THE GRANrEE IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE ACQUISITION OF THE TRACT. GRANrEE REPRESENTS THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF GRANTEE’S CONSULTANTS (IF ANY), AND TnAT GRANrEE HAS CONDUCTED SUCH D{SPECTIONS AND n{vESTiGATioNS OF THE TRACT. nqcLUDiNG, BLrr NOT LIMITED TO, THE PHYSICAL, TOPOGRAPHIC, AND ENVRONMENTAL CONDITIONS TIIEREOF, AND IS RELYING UPON THE SAME, AND }HREBY ASSUMES THE RISK OF ANY ADVERSE MATtERS, DVCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL, TOPOGRAPHIC. AND ENVIRONWNTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY GRANTEE ’S INSPECTIONS AND INVESTIGATIONS. GRANIEE FURTHER ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRnqG THE TRACT ON AN “AS IS, WHERE IS” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENrATiONS. WARRANrIES, OR COVENANtS, EXPRESS OR IMPLIED, OF ANY KnqD OR NATURE. GRANrEE HEREBY WArvES AND RELINQUISHES ALL RiGHrs AND PRIVILEGES ARisegG OUT OF. OR WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS, WHETHER EXPRESS OR IMPLIED, 1 \ WHICH MAY HAVE BEEN MADE OR GWEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE OR GIVEN, BY GRANrOR OR ANY OF ITS REPRESENrATrVES. GRANIEE HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT GRAvrOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, DqDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM GRA}fIEE’S USE, MAnfrENANCE, REPAiR, OR OPERATION OF THE TRACT. wrrHour LiMrrnqG THE GENERAL PROVISIONS ABOVE, rF IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DiscLAn4s ANY WARRANTIES OR REPRESEVrATiONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATIERS OF TITLE; (b) ZONING; (c) TAX CONSEQUENCES; (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS; (e) AVAILABILITY OF ACCESS, INGRESS, OR EGRESS; (f) OPERATING HISTORY OR PROJECTIONS; (g) VALUATION; (h) AVAiLABiLrrY AND ADEQUACY OF UTILFFIES; (i) GOVERNMENrAL APPROVALS; G) GOVEIWMENTAL REGULATIONS OR ANY OTFBR MATTER OR THING RELATnqG TO OR AFFECTING THE TRACT, DqCLUDING, WITHOUT LIMrrATION: (1) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILIW, PROFITABErrY, SUITABILITY, OR FITNESS OF THE TRACT FOR A PARTICULAR USE OR PURPOSE; (2) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS nqCORPORATED INTO ANY OF THE TRACT; AND (3) THE MANNER, QUALrrY, SIATE OF REPAIR OR LACK OF REPAIR OF THE TRACT. GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES TnAT GRANrOR IS NOT REPRESENrING OR WARRANrnVG THAT ANYTHING CAN OR WILL BE ACCOMPLISHED THROUGH GRANTEE’S OR GRANrOR’S EFFORTS WITH REGARD TO THE PLANNnqG, PLATrDqG. OR ZONING PROCESS OF ANY GOVERNMENtAL AU[HORITIES, BOARDS, OR ENTITIES. GRANtEE FURTHER ACKNOWLEDGES THAT GRANrOR HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE TRACr NOW OR IN THE FUrURE WILL MEET OR COMPLY WITH TIE REQUIREMENrs OF ANY SAFETY CODE, EWiRONMENrAL LAW, OR REGULATION OF ANY STATE OR FEDERAL AtrrHORiTY OR JURISDICTION. This Transfer of Right of Way is expressly made by Grantor and accepted by Grantee without any warranty of title of any kind, oral or written, express or implied, whether existing by common law, by statute, or anyother manner. Grantee expressly agrees that the implied covenants set forth in § 5.023 of the Texas Property Code are not applicable to this Transfer of Right of Way. TO HAVE AND TO HOLD the Tract, together with all and singular the rights and appuRenances thereto in my way belonging, unto said Grantee and Grantee’s successors and assigns forever, subject to the limitations and conditions hereinabove stated. IN TESTIMONY WHEREOF, I have caused the Seal of the State to be affixed. Executed this the a day of 2024. mMm GOVERNOR OF TEXAS /q rc D. Williams, P.E Executive Director Attest:Approved: Ken Paxton Attorney General Jnr Te Secretary of State Cartem Assistant Attorney General NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006 AurHORizES THE RECORDATION OF THIS INSTRUMENT wrrHOur FURTHER ACKNOWLEDGMENF OR PROOF OF THE SIGNATURE OF THE GOVERNOR EXHIBIT -A” County: Denton Highway: U.S. 77 Locust Street Project Limits: at U.S. 380 R.0.W. CSJ: 0196-01-022 Page 1 of 3 August 24, 2023 LINE DESCRIPTION 1 Description of a line situated in Denton County, Texas, in the B.B.B. and C.R.R. Co. Survey, Abstract Number 185, it being the intent of this line description to ranove the land South of this line &om State of Texas Highway System and the land North of this line to be retained by the State of Texas, said line being determined from right-of-way maps and documents for United States Highway 77 (U.S. 77), also called Locust Street, a variable width right-of-way called a 60 foot right.of-way at this point, on file at the Texas Department of Transportation, Dallas District Headquarters in Mesquite, Texas and real property records on file with the Dalton County Clerk’s official public records, said line being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the intersection of the existing West right-of-way line of said U.S. 77 and the existing South right-of-way line of United States Highway 380 (U.S. 380), a variable width right-oFway, being a Northeast corner of a called 1.455 acre tract of land described by Special Warranty Deed to Project Capricorn Denton TX LLC, recorded on December 05, 2022 in Document Number 2022-165690, Official Public Records, Denton County, Texas (O.P.R.D.C. T.), in the South line of a tract of land described by Deed to State of Texas, recorded in Volume 4340, Page 2394, O.P.R.D.C.T., and having surface coordinates ofNorth 7,134,439.97, East 2,387,066.52, from which a 1/2 inch iron rod found, being the most Northerly Northeast corner of said Project Capricorn tract and an entrant corner of said State of Texas tract, bears North 44'’ 04’ 34” West, a distance of 34.38 feet; 1)THENCE South 88'’ 31 ’ 29” East, along said line, a distance of 60.01 feet to a PK nail with a damaged washer found at the intersection of the existing East right-of-way line of said U.S. 77 and the existing South right-of-way line of said U.S. 380, being a Northwest corner of a tract of land described by Deeds to Texas Woman’s University, recorded in Volume 81, Page 429, Volume 182, Page 2(A, and Volume 216, Page 513, O.P.R.D.C.T., and the Southwest corner of a tract of land described by Deed to State of Texas, recorded in Volume 4333, Page 3071, O.P.R.D.C.T., from which a 5/8 inch iron rod with aluminum cap stamped “TEXAS WOMAN’S UNIVERSITY 2015 JQ ENG SURVEY MARKER'’ found bears South 00' 30’ 09” West, a distance of 1,177.27 feet. Note: Basis of bearing is Grid North, referenced to the Texas Coordinate System of 1 983, North Central Zone (4202), and based upon the North American Datum of 1983 (NAD 83), 2011 Adjustment, Epoch 2010. Note: All distances and coordinates shown herein are U.S. Survey Feet adjusted to Surface, unless noted otherwise, using the TxDOT Denton County Surface Adjustment Factor 1 .000150630. (Grid NoRhing & Grid Easting x 1.000150630 = Surface) origin 0,0. Note: This written description is accompanied by a survey plat which covers the identical parcel that is shown herein, signed and sealed on even date herewith and is hereby made a part of this document. EXHIBIT ''A“ County: Denton Highway: U.S. 77 Locust Street Project Limits: at U.S. 380 R.0.W. CSJ: 0196-01-022 Page 2 of 3 August 24, 2023 LINE DESCRIPTION 1 Note: Abstracting was performed without the benefit of title commitments. All matters of record by not be shown herein. Note: Field surveys were performed in August of 2023 . 1, Daniel M. Putman, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that this written desuiption and accompanying plat of even survey date represent an actual survey made on the ground in August of 2023 under my supervision. g/zV /20Z3 Daniel M. Putman Texas Registered Professional Land Surveyor #6729 Cobb, Fendley and Associates, Inc. TBPELS Land Surveying Firm No. 10046700 One Ridgmar Centre 6500 West Freeway, Suite 300 Fort Worth, Texas 76116 Phone: 817.445.1016 Fax: 817.445.1017 EXHIBIT PAGE 3 OF 3 " A " B s T R 4 & r & Ii} + c Pa 5 s u R v E rU. S. 380 VARIABLE #10TH R+ O+ Be STATE OF TEXAS VOL'o+Tge’D.T:T.2394 STATE OF TEXASvcx. 4Jr3, pc–. J071O. P. R. D. C. T. EXISTING R. o.n 1/2" IRF EXIST ING R+ 0+ h AREA TO BERETAiNED BY THE STATE OF TEXAS &I S88' 31'29"E 60. 01,a N: 7, 1 34,439. 97E: 2, 387, 066.52 \,PK NAIL W/DAMAGED WASHER I AREA TO BE REMOVED, FROM STATE OF TEXAS : HIGHWAY SYSTEMSPECIAL WARRANTY DEED CALLED 1 s 455 ACRES PROJECT CAPRICORN DENTON TX LLCDOC. NOe 2022-165690RECORDED3 DECEMBER 05. 2022 O. P. R. D. C. T. Fad DEEDTEXAS WOMAN' S UNIVERSITY VOL. 81. PG. 429VOL. 182. PF. 204 VOL. 216; PG. 513O. P. R. D. C. T. I I I J rE b E ! ! ! g CgEI b SI aB A a) 310 68 R + Oe B+ DtD : CAT IONBY PLAT CABe Qe Poq 37 O+ Pe R-e D+ CV Te dd a: Fg 1=1/1 XUl Qr) bain LEGEND • SLBJECT LIIE ;aig:i=i$$=? ta„„„* • EXISTING ROW e 8 PRCPERTY LINE • ROW PARCEL • EASEI£NT NOT€Sr i– – • APPROX. SLKVtY tINt le BASIS OF BEARING IS GRID IDRTH, REFEREhCED TO THE TEXAS COORDINATE SYSTEU OF 1983R KRTH CENTRAL ZCHE 14202) e AND BAStD LPON THE MirTH Al£RICAN DATW OF 1983 tNADB3), 2011 ADJUSTMENT, EPOCH 2010.• PROPOSED BASEL INt • FEE bOOK GP+R. D. CuT. • OFFICIAL PtBLIC RECORDS. DENTON COtNTY. TEXAS 29 ALL DISTANCES AND COORDINATES SHeeN HEREIN ARe U.S. SURVEY FEET ADJUSTED TO StH[ ACE, UNtESS K>7€D 0THER81SE, USING THE TXDOT DeNTON COUNTY SLRF ACE AD&ISTU£NT FACTOR 1. 0001 50630. tGRID K>nTHING B GRID tASTING X I.0001S0630 e sunFxcEj onIGIN O,O. Pe Oe 8, • POI NT OF BEGINNiNG DaCT Na • DOCLA£NT MIBER Vthe • VOLtAE S. THIS SURVEY PLAT IS ACCO&PANIED BY A WRITTEN D£scRIPTlal #HICH COVERS THE IDEhTICAL SUBJECT LIU[ THaT iS SHOWh HEREIN. SIGh£D AND SEALED ON EVEN DATE HERERITH AND IS HEREBY MADEA PART OF THIS a3CUKNT.PGe • PAGE CAB. • CABINET ROo.e. • RIGHT.OF.MY 66 ABSTRACTING MS PERF CRIED BITHOUT THE BENEFIT OF TITLE COWIWENTS, ALL MATTERS OF RtCORD UAV HT BE S tOWN HEREIN. IRF . IRON ROD FOLND Ne TeS! a NOT TO SCALE 7+ FIELD SURVEYS gERE PERFOHKD IN AUGUST OF 2023. a • S/8 INCH IRON ROD WITH PINK PLASTIC CAP STAIPED 'TXDOT SrAVEV UARXER nIGHT aF SAy u(xru€hT- SET II O • S/8 IhCH IROb ROD SITH Y[LLOq PLASTIC Cm STU?tD -COBB FENDLEY & ASSOCIATES- SET OR AS OTHERVIse NOTED • •lX>rtA£M! rouho IXS haTED>rO Fu?a elbe LEGAL DESCRIPIION OF EVEN SURVEY DATE REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION. I HEREBY CERTIFY THAT THIS PLAT HEREIN AND ACCOUPANYING g /24 1 aDas DATE COBB, FENDLEY & ASSOCiATES, INC. TBPELS LAND SURVEYING FIRU NO. 10046700 GRID TATIT=:=mTnT-p rsHa SCALE:1 " =40’ scMliN FiREIii EXHIBIT “A’' County: Denton Highway: U.S. 77 Locust Street Project Limits: at U.S. 77 Eagle Drive R.0.W. CSJ: 0196-01-022 Page 1 of 3 August 24, 2023 LINE DESCRIPTION 2 Description of a line situated in Denton County, Texas, in the William Loving Survey, Abstract Number 759, it being the intent of this line description to remove the land North of this line from State of Texas Highway System and the land South of this line to be retained by the State of Texas, said line being deternrined from right-of-way maps and documents for United States Highway 77 (U.S. 77), also called Locust Street, a variable width right.of-way called a 72 foot right-of-way at this point, on file at the Texas Department of Transportation, Dallas District Headquarters in Mesquite, Texas and real property records on file from the Denton County Clerk’s official public records, said line being more particularly described as follows: BEGINNING at a PK nail in asphalt found at the intersection of the existing East right-of-way line of said U.S. 77 Locust Street and the existing North right-of-way line of said U.S. 77, also called Eagle Drive, a variable width right-of-way, no deed of record found, being the Southwest corner of a called 0.374 ame tract of land described by Warranty Deed with Vendor’s Lien to Ali Al-Khafaji, recorded on May 3 1, 1984 in Volume 1413, Page 125, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and having surface coordinates of North 7,125,713.18, East 2,387,123.35, from which a PK nail in asphalt found in the South line of said Al-Khafaji tract and the north line of said U.S. 77 Eagle Drive, bears South 63'’ 48’ 12” East, a distance of 33.32 feet; 1)THENCE North 85'’ 38’ ll” West, along said line, a distance of 69.89 feet to a 5/8 inch iron rod with pink plastic cap stamped "TXDOT SURVEY MARKER RIGHT OF WAY MONUMENT” set at the intersection of the existing West right-of-way line of said U.S. 77 Locust Street and the existing North right-oGway line of said U.S. 77 Eagle Drive, being the Southeast corner of a tract of land described by Warranty Deed as Tract 1 to Hi-Lo Auto Supply, L.P., recorded on November 30, 1998 in Volume 4227, Page 542, O.P.R.D.C.T., said Tract 1 also described by plat as that called 0.835 acre Lot 7R, Block D, Blount Addition, recorded on March 25, 1999 in Cabinet Q, Page 167, O.P.R.D.C.T. and the Northeast corner of a 0.122 acre right-of-way dedication by said plat, from which an X cut in concrete found, being the Northeast corner of said Lot 7R in the existing West right-of-way line of said U.S. 77 Locust Street, bears North 00'’ 18’ 26” West, a distance of 171.49 feet. Note: Basis of bearing is Grid North, referenced to the Texas Coordinate System of 1983, North Central Zone (4202), and based upon the North American Datum of 1983 (NAD 83), 201 1 Adjustment, Epoch 2010. Note: All distances and coordinates shown herein are U.S. Survey Feet adjusted to Surface, unless noted otherwise, using the TxDOT Denton County Surface Adjustment Factor 1 .000150630. (Grid Northing & Grid Easting x 1.000150630 = Surface) origin 0,0. Note: This written description is accompanied by a survey plat which covers the identical parcel that is shown herein, signed and sealed on even date herewith and is hereby made a part of this document. EXHIBIT -A“ County: Denton Highway: U.S. 77 Locust Street Project Limits: at U.S. 77 Eagle Drive R.0.W. CSJ: 0196-01-022 Page 2 of 3 August 24, 2023 LINE DESCRIPTION 2 Note: Abstracting was performed without the benefit of title commitments. All matters of record by not be shown herein. Note: Field surveys were performed in August of 2023. 1, Daniel M. Putman, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that this written description and accompanying plat of even survey date represent an actual survey made on the ground in August of 2023 under my supervision. g /z+ / 20Z3 maTt Texas Registered Professional Land Surveyor #6729 Cobb, Fendley and Associates, Inc. TBPELS Land Surveying Firm No. 10046700 One Ridgmar Centre 6500 West Freeway, Suite 300 Fort Worth, Texas 761 16 Phone: 817.445.1016 Fax: 817.445.1017 XCU T IN CONCRETE EXHIBIT PAGE 3 OF 3 " A " NOO' 1 8’ 26- W 868 g 54 P t/2" IRF XCU T IN CONCRETE WARRANTY DEED WITHVENDOR’S LIEN TRACT I NO CALLED ACREAGEALI AL'XHAFAJIVOLe I056s PCe 1 65RECORDED: JARIARY lg. 1981 06 Pe Re De Ce Te gB Ed oi 19 gi XhI b d dI i N E ! v ; bHP q g X WARRANTY DEED WITHVENDOR'S LIENTRACT 2 NO CALLED ACREAGEALI AL.KHAFAJI VOLe 1 056e PCe t 65 RECORDED: JAKIARY lg. 1981 O+ Pe Re De Ce Te a qT b atb SIr)tn WARRANTY DEEDTRACT I HI-LO AUTO SUPPLY, L.P.VOL. 4227. PG. 542RECORDED8 NOVEMBER 30, t 998 Ov Pe Re De Ce TeALSO DESCRIBED ASCALLED 0.835 ACRES LOT 7R, BLOCK DBLOLNT ADDITIONCAB+ as PGe 1 67RECORDED: MARCH 25. 1999 Ov Pe Re De Ce Te B 8 \DN io baZ gEB CD £}3 SURVEy d d Bi 2 InV) X d ai 21 B 1 ><ul WARRANTY DEED WITHVENDOR'S LIEN CALLED Oe 374 ACRES ALI AL-KHAFAJIVOL. t413, PG. 125 RECORDED: MAY 31. 1984 Oo Pe Ro De Ce Te AREA TO BE REhDVEDFROM STATE OF TEXAS HIGHWAY SYSTEU I 5 Pe Oe Be N: 7, IiS, 713: 18 t: 2, 387, 123. 35 0+ 122 ACRE Re 0+ h DEal CAT ICH BY PLAT AREA TO BE RETAINED BY THESTATE OF TEXAS .3sq Pa LEGEND – + –mIL IN ASPHALT • SLBJECT LINE • ExlSTIh6 ROB Ue Se 77 • RaB PARCEL (EAGLE DR) • PROPERIY LiNE VARIABLE WIDTH Hq Oe S+ NO DEED OF RECORD FOtND t– -– • APPROX. SLRVtY LIN£ • EASEl£NI • PROPOSED BASELINE • FEE }oaK NOTESr t. BASIS OF BeARiNG IS GRID NORTH. REFERthCED TO THE TEXAS COORDINATE SYST Ey Of 19838 WiTH CENTRAL ZCHE t 4202 is AND BASED IP(N THE NORTH Ai£RICAN DATW OF 1983 (NAD83), 2011 AD&lSTi£NT, EPOCH 2010.09 Po Re De C+ T e • eFFI CIAL PUBL IC RECORDSe DENTON COLNTY, TEXAS Pe Os Be a POINT CF BEGINNING 26 ALL DISTANCES AND CCXHD ! HATES SKin HEREIN ARE ye Se SUiVEY FEET ADJUSTED TO SURFACE, CHESS NOTED OTHERgI SE. USING THE TXDOT DENTON CCXATY SUtF ACE ADJUSTi£NT FACT(B leeK)01 S0610, t GRID MiRTH ING & GRID CASTiNG X t e 0<X>lS0630 • StHFACt i ORIG IN Op OTtX>Ce HOe • D<XtA£NT UJUBER VOLe • VCX WE POe • PAGE CABe • CAB 1 NET Se THIS StXWEY PLAT IS ACCOUPAN IED BY A BRITTEN DESCRIPTION BH ICH COVERS THe IDENTICAL SUBJECT LINE THAT IS SHOWN HERE INs SIGNED AND SEALED ON EVEN DATE HERERITH AIe IS HeREBY UADC A PART OF THIS DOCWENT.no.Be • RIGHT.OF.BAY IRF • IRON ROD roaD He T+ So • KiT TO SCALE 6. ABSTRACTING WAS PERFORUD BIT tOUT THE BEl€FIT OFALL UATTERS OF RE ecHO HAY K>T BE SKHN HERE I He TITLE coal THE NTS+ a • S/8 INCH IRON ROD WITH PINK PLASTIC CAP STABBED -TXDOT SURVEY HARKER RiGHT OF RAY WRAIENT' SCT 7. FIELD SLRVEYS gERE PERFOn£D IN ALBUST OF 2023+Io • s/8 INCH IRON ROD BITH YELLOW PLASTIC CAP STAUPED – "COBB FEhDL€Y & ASSOCIATES- SET OR AS OTHERBIS£ IOTtO • •uau£uT EaWD tXS MaTtDI rOT;: I HEREBY CERTIFY THAT THIS PLAT HEREIN AND ACCOMPANYING ILEGAL DESCRIPTION OF EVEN SURVEY DATE REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND LNDER W SUPERVISION. g /24 /zoZ3 DATE GRID SCALE: M tmnmI 1 " =40’ COBB, FENDL£Y & ASSOCIATES, INC. TBPEL S LAND SURVEY ING F I RU NOe IO046700 smim EXHIBIT C Elm Street Deed TRANSFER OF RIGHT OF WAY STATE OF TEXAS S S COUNTY OF DENTON g Highway US 77 THE STATE OF TEXAS, acting by and through the Texas Transportation Commission and on behalf of the Texas Department of Transportation, hereinafter referred to as "Grantor," pursuant to Minute Order 116885 passed by the Texas Transportation Commission on January 30, 2025, as shown by the official minutes of the Texas Transportation Commission, and in consideration of the Grantee assuming jurisdiction, control, and maintenance of the highway right of way the subject of this transfer, as described in Exhibit A, has this day Sold and Transferred and by these presents does Grant, Assign, Sell, and Convey, for public road purposes, unto the CITY OF DENTON, TEXAS, hereinafter referred to as "Grantee," all of Grantor’s right, title, and interest in and to that certain tract or parcel of land situated in Denton County, Texas, said land being more particularly described in Exhibit A, attached hereto and made a part hereof, (such tract or parcel of land hereinafter referred to as the "Tract"); SAVE AND EXCEPT, however, there is excepted and reserved herefrom all of Grantor’s right, title, and interest, if any, in and to all of the oil, gas, sulphur, and other minerals, of every kind and character, in, on, under, and that may be produced from the Tract. ADDITIONAL RESERVATION: if the property is no longer used for public road purposes, if the unrestricted motor vehicle lanes are reduced in number or width, or if the capacity of the roadway is reduced at all, said real property shall immediately and automatically revert to the State of Texas. This transfer is pursuant to V.T.C.A., Transportation Code, Chapter 202, Subchapter B, g 202.021(e)(2). Anything herein to the contrary notwithstanding, this conveyance is made subject to the rights of any and all existing public utilities or common carriers in accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, g 202.029. Any required adjustment will be at no cost to Grantor. Furthermore, this conveyance is made subject to any easements for access to a right of way, implied or otherwise, appurtenant to any and all properties abutting the Tract. In addition, this conveyance is subject to all matters of public record and to all easements, leases, agreements, licenses, or other interests which affect the Tract, and to any matter which would be disclosed by title examination, survey, investigation, or inquiry, including, but not limited to, the rights of parties in possession. BY THE ACCEPTANCE OF THIS TRANSFER OF RIGHT OF WAY, GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS THOROUGHLY iNSPECrED AND EXAMINED THE TRACr TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE ACQUISITION OF THE TRACr. GRANTEE REPRESENTS THAT IT IS RELYING SOLELY ON Frs OWN EXPERTISE AND THAT OF GRANTEE'S CONSULTANTS (IF ANY), AND THAT GRANTEE HAS coNDUcrED 1 SUCH iNSPEcrioNS AND INVESTIGATIONS OF THE TRACr. INCLUDING. BUT NOT LIMITED TO. THE PHYSICAL, TOPOGRAPHIC. AND ENVIRONMENTAL CONDITIONS THEREOF, AND IS RELYiNG UPON THE SAME, AND HEREBY ASSUMES THE RISK OF ANY ADVERSE MATrERS, INCLUDiNG, BUT NOT LIMiTED TO, ADVERSE PHYSICAL, TOPOGRAPHIC. AND ENVIRONMENTAL coNDrrioNS THAT MAY NOT HAVE BEEN REVEALED BY GRANTEE’S iNSPEcrioNS AND INVESTIGATIONS. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE TRAcr ON AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES. OR COVENANTS. EXPRESS OR IMPLIED. OF ANY KiND OR NATURE. GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECr OR IN RELATION TO, ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS, WHFrHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE OR GIVEN, BY GRANTOR OR ANY OF ITS REPRESENTATIVES. GRANTEE HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DiRECr, INDiRECr, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM GRANTEE’S USE, MAINTENANCE, REPAIR, OR OPERATION OF THE TRACr. WITHOUT LIMITING THE GENERAL PROVISIONS ABOVE. IT IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACrER. EXPRESS OR IMPLiED, AS TO (a) MATTERS OF TITLE; (b) ZONING; (c) TAX CONSEQUENCES; (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS; (e) AVAILABiLITY OF ACCESS, INGRESS, OR EGRESS; (f) OPERATING HISTORY OR PROJEcrioNs; (g) VALUATION; (h) AVAILABIL[TY AND ADEQUACY OF UTILITIES; (i) GOVERNMENTAL APPROVALS; (j) GOVERNMENTAL REGULATIONS OR ANY OTHER MATER OR THING RELATING TO OR AFFECIING THE TRACr, INCLUDiNG, WITHOUT LIMITATION: (1) THE VALUE, CONDITiON, MERCHANTABILITY. MARKfrABiLiTY. PROFITABILITY, SUITABILITY, OR FITNESS OF THE TRACT FOR A PARTICULAR USE OR PURPOSE; (2) THE MANNER OR QUALITY OF THE CONSTRUCrION OR MATERIALS INCORPORATED INTO ANY OF THE TRACr; AND (3) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE TRAC. GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT GRANTOR IS NOT REPRESENTING OR WARRANTING THAT ANYrHiNG CAN OR WILL BE ACCOMPLISHED THROUGH GRANTEE’S OR GRANTOR'S EFFORTS WITH REGARD TO THE PLANNING. PLATING. OR ZONING PROCESS OF ANY GOVERNMENTAL AUTHORITIES, BOARDS, OR ENTITIES. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTOR HAS NOT WARRANTED. AND DOES NOT HEREBY WARRANT. THAT THE TRACr NOW OR IN THE FUTURE WILL MEET OR COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW, OR REGULATION OF ANY STATE OR FEDERAL AUTHORITY OR JURisDicrioN. This Transfer of Right of Way is expressly made by Grantor and accepted by Grantee without any warranty of title of any kind, oral or written, express or implied, whether existing by common law, by statute, or any other manner. Grantee expressly agrees that the implied covenants set forth in § 5.023 of the Texas Property Code are not applicable to this Transfer of Right of Way. 2 TO HAVE AND TO HOLD the Tract, together with all and singular the rights and appurtenances thereto in any way belonging, unto said Grantee and Grantee’s successors and assigns forever, subject to the limitations and conditions hereinabove stated IN TESTIMONY WHEREOF, I have caused the Seal of the State to be affixed. Executed this the as day of MGM 2025. Za c111g Z G ABBOT-r GOVERNOR OF TEXAS Mar Executive Director Attest :Approved : 9Adthnmlson Secretary of State Ken Paxton Attorney General Carter Cole Assistant Attorney General NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006 AUTHORIZES THE RECORDATION OF THIS INSTRUMENT WITHOUT FURTHER ACKNOWLEDGMENT OR PROOF OF THE SIGNATURE OF THE GOVERNOR. Grantee’s Mailing Address : City Of Denton, Texas 401 N. Elm Street Denton, Texas 76201 4 EXHIBIT "A" County: Denton Highway: U.S. 77 Elm Street Project Limits: at U.S. 380 R.0.W. CSJ: 0196-0 1-022 Page 1 of 3 October 27 , 2023 Ln(E DESCRIPTION 1 Description of a line situated in Denton County, Texas, in the B.B.B. and C,R.R. Co. Survey, Abstract Number 185, it being the intent of this line description to remove the land South of this line from the State of Texas Highway System and the land North of this line to be retained by the State of Texas, said line being deter'nUned from real property records and plats on file with the Official Public Records of Denton County, Texas (O.P.R.D.C.T.), said line being more particularly described as follows: BEGINNING at a PK nail with shiner stamped -TX ROW” found at the intersection of the existing West right-of-way line of United States Highway 77 (U.S. 77), also called Elm Street. a variable width right-of-way, no deed of record found, called a 60 foot right-of-way at this point. with the existing South right-of-way line of United States Highway 380 (U.S. 380), a variable width right-of-way, being an apparent Northeast corner of that tract of land described by Warranty Deed to GPM RE, LLC, recorded on October 19, 2020 in Document Number 2020-166652, o.P .R.D.C .T. aidan apparu\t Southeast eorrwt ofa tract of laId described by lutlgenwrR of Court to State of Texas, recorded in Document Number 2003-187017, O.P.R.D.C.T. and having surface coordinates of North 7.134.45 1 .40, East 2,386.658.77; 1)THENCE South 78 Degrees 32 Minutes 16 Seconds East. along said line, a distance of 61.97 feet to a 1/2 inch iron rod found at the intersection of the existing East right-of-way line of said U.S. 77 with the existing South right-of-way line of said U.S. 380, being an apparent Northwest corner of a called 1.455 acre tract of land described by Special Warranty Deed to Project Capricorn Denton TX LLC, recorded on December 05, 2022 in Document Number 2022- 165690, O.P.R.D.C. T. and the apparent Southwest corner of a tract of land described by Deed to State of Texas, recorded in Volume 4340, Page 2394, O.P.R.D.C.T., from which a 3/4 inch iron rod found bears North 44 Degrees 30 Minutes 42 Seconds West, a distance of 2.25 feet and a 1/2 inch iron rod found, being an apparent North corner of said Project Capricorn tract and an apparent South corner of said State of Texas tract. in the existing south right-of-way line of said U.S. 380, bears North 53 Degrees 53 Minutes 53 Seconds, a distance of 49.85 feet; Note: Basis of bearing is Grid North, referenced to the Texas Coordinate System of 1983, North Central Zone (4202), and based upon the North American Datum of 1983 (NAD 83), 2011 Adjustment, Epoch 2010. Note: All distances and coordinates shown herein are U.S. Survey Feet adjusted to Surface, unless noted otherwise. using the TxDOT Denton County Surface Adjustment Factor 1 .000 150630. (Grid Northing & Grid Easting x 1.000150630 = Surface) origin 0,0. Note: This written description is accompanied by a survey plat which covers the identical parcel that is shown herein, signed and sealed on even date herewith and is hereby made a part of this document. EXHIBIT “A" County: Denton Highway: U .S. Il Elm StInt Project Limits: at U.S. 380 R.0. W. CSJ: 0196-01-022 Page 2 of 3 October 27 , 2023 LNE DESCRIPTION I Note: Absaacting was performed without the benefit of title commitments. All matters of record may not be shown herein. Note: Field surveys were performed in October of 2023. I, Daniel M. Putman, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that this written description and accompanying plat of even survey date represent an actual survey made on the ground under my supervision. Daniel M. Putman Texas Registered Professional Land Surveyor #6729 DANIEL M. PUTMAN ?b• • Cobb. Fendley and Associates, Inc. TBPELS Land Surveying Firm No. 10046700 One Ridgmar Centre 6500 West Freeway, Suite 300 Fort Worth. Texas 76116 Phone: 817.445.1016 Fax: 817.#15. 1017 EXHIBiT "A" PAGE 3 OF 3 U. S. 380 VARIABLE WIDTH Re Oe Be STATE OF TEXASDOC: iD: Ioo 3.187017O. P. R. D. C. T. Hn UP= nH= == =n On n=in n•••AREA TO BE RETAINED BY THE STATE OF TEXAS 1/2" IRF : BEARS'N17•18'03"W1 - 2. 77‘ I 3/4„ IRF : JG$ b '/, r 4 4 • 3 0 :i g 1 : qgS \I@!( B +Q )bFI /#" ’1/£" IRF I STATE OF TEXAS VOL + 43409 PCe 2194 0. P. RT-De CO TO– EXISTINC R. Oe BT EXISTING R.0.& CF Tall 8 N: 7 a 1 34 e 451 e 40 E: 2.386.6588 77 R STAffED "TX ROW" P b 1 6 pI T J DE SPECIAL WARRANTY DEED CALLED 1.455 ACRESPROJECT CAPRICORN DENTON TX LLCDOC. NO. 2022'165690RECORDED: DECEMBER 05, 2022O. P. R. D. C. T. WARRANTY DEED CALLED 0.2328 ACRE -TRACT 1 " IN–D––O. 13–96– ACRE 'TRACT 2" GPU RE, LLCDOC. NO. 2020. 166652 RECORDED: OCTOBER 19, 2020 OS P+ Re De C + T + AREA TO BE REUOVEDFROI STATE OF TEXASHIGHWAY SYSTE# tRACT I F i HE ’28 TRACT 2 91 Hdd d6 QE 2 a XUl 7) = Nl 7' 1 8' 03"W2. 77‘I LEGEND • SUBJECT LINE • • EXISTlh6 Roe • ROB PARCEL NOTESI • PROPERTY LIU I. BASIS (r BE mIlle IS GnID hon7H, RErERENCEO TO ThE !EXIS CCX>RDINATEs+siEi OF 1983, KRrH CEUTRrl zaK t4202i, AYa BASED UPon THE WITHiuERicAi DAi{N'O+ 1983 thAD83}, 201 1 ADalSTr£NT, EP(X:H 2010.• SLBOIVISION LOT LINE 2' 1 US?Z ITIfEI#::Ef%:!!!TF£T:FTHIIII!!, ASEI:;SI}HHTFEENTON $$#:Y&f:t:: :agE:u£:!TI£:Tgll JIg::)!::: gO: HRFACD ORIGIN O, OOO, P, R, D, C, T, 8 OFFICIAL Fuel IC RECORDS9 DENTON COUNTY, TEXAS • FEE HOOK P.0.8. • POINT OF B£GthNIHC DOC. in. . DOCLb€NT KLABER SB THIS SIAVEY PLAT IS ACCaPANiED BY A #lITTEH DESCRIPTION WHICH COVERS THE IDENTICAL SUBJECT LINE THAT IS SbWN HEREIN. i'll,iCD-hd iE4tiD OII EVEN PiTt bEntSITH aD IS }£REBY U4CE A PART OF THIS DOCLB£NT.yOt. e VOLWE CAB. • CABINET R.O.S. • RIGHT'OF'BAY PC. • PAGE 69 ABSTRACTING WAS PERFORUED WIThOUT THE BENEFIT OF TITLE COWiTBENTSeALL UTTERS OF RECORD HAY NOT BE SbDgN HEREIN. IRI . IRON ROD FOtND N. I. S. • hOT TO SCALE 7. FIELD SURVEYS BERt PERFORMeD IN ocTOBeR OF 20236 e •UOlILA£NT rocHa IAS NOTED)I I HEREBY CERTIFY THAT THIS PLAT HEREIN AND ACCCWPANYING LEGAL DESCRIPTION OF EVEN SURVEY DATE REPRESENTS AN ACTUAL SURVEY MADE ON THe GROUND UNDER MY SUPERVISIONe I GRID r :L aBHEH SCALE: l"•40 020 COBB. FENDLEY & ASSOCIATES, INCe TBPELS LAND SURVEYING FIM NO. 10046700 SeWRaIN FE£B EXHiBrr ''A" County: Denton Highway: U.S. 77 Elm Street Project Limits: at U.S. 380 R.0.W. CSJ: 0196-01-022 Page 1 of 3 October 27, 2023 LINE DESCRIPTION 2 Description of a line situated in Denton County, Texas, in the William Loving Survey, Abstract Number 759. it being the intent of this line description to remove the land North of this line from the State of Texas Highway System and the land South of this line to be retained by the State of Texas, said line being determined from real property records and plats on file with the Official Public Records of Denton County, Texas (O.P.R.D.C. T.), said line being more particularly described as follows: BEGINNING at the apparent Southwest corner of that called 0.32 acre tract of land described by Special Warranty Deed to Josoel, Inc., recorded on December 30, 2021 in Document Number 2021-235120, o.P.R.D.C.T. at the intersection of the existing East right-oFway line of United States Highway 77 (U.S. 77). also called Elm Street, a variable width right-of-way, no deed of record found, with the existing North right-of-way line of U.S. 77, also called Eagle Drive, a variable width right-of-way, no deed of record found, having surface coordinates of North 7,125,690.81, East 2,386,694.13, from which a 1/2 inch iron rod found, being the Southeast corner of said Josoel, Inc. tract. bears North 89 Degrees 53 Minutes 26 Seconds East, a distance of 62.04 feet 1)THENCE South 88 Degrees 49 Minutes 37 Seconds West, along said line, a distance of 1 76.95 feet to the apparent Southeast corner of that called 0.622 acre tract of land described by Special Warranty Deed to Marsam Enterprises, Inc., recorded on June 13, 2013 in Document Number 2013-72384, at the intersection of the existing East right-of-way line of said U.S. 77 with the existing North right-of-way line of said U.S, 77 Eagle Drive; Note: Basis of bearing is Grid North, referenced to the Texas Coordinate System of 1983, North Central Zone (4202), and based upon the North American Datum of 1983 (NAD 83), 2011 Adjustment, Epoch 2010. Note: All distances and coordinates shown herein are U.S. Survey Feet adjusted to Surface, unless noted otherwise, using the TxDOT Denton County Surface Adjustment Factor 1.000 150630. (Grid Northing & Grid Easting x 1.000150630 = Surface) origin 0.0. Note: This written description is accompanied by a survey plat which covers the identical parcel that is shown herein, signed and sealed on even date herewith and is hereby made a part of this document. Note: Abstracting was performed without the benefit of title commitments. All matters of record may not be shown herein. Note: Field surveys were performed in October of 2023. EXHIBIT -A" County: Denton Highway: U.S. 77 Elm Street Project Limits: at U.S. 380 R.0.W. CSJ: 0196-01-022 Page 2 of 3 October 27, 2023 LINE DESCRIPTION 2 I, Daniel M. Putman, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that this written description and accompanying plat of even survey date represent an actual survey made on the ground under my supervision. Daniel M. Putman Texas Registered Professional Land Surveyor #6729 Cobb, Fendley and Associates, Inc. TBPELS Land Surveying Firm No. 10046700 One Ridgmar Centre 6500 West Freeway, Suite 300 Fort Worth. Texas 76116 Phone: 817.445.1016 Fax: 817.#15.1017 EXHIBIT "A" PAGE 3 OF 3 B 6 gi B B >< „:'kJIY'k8V:£8' =Prd / >$ SPECIAL WARRANTY DEEDCALLED 0.622 ACREUARSAM ENTERPISES. INCe DOC. NO. 2013-72384RECORDED: JUNE 13, 2013 0, Pe Re D© Cs T+ SPECIAL WARRANTY DEEDCALLED 0. 32 ACRE JOSOE L 8 1 NC+DOC. UKg. 2621-255120RECORDED: DECEMBER 308 202 1 Oe Pe R+ D + C e T eBi dI el g Eg Xul AREA TO BE REbDVEDFROM STATE OF TEXAS HIGHWAY SYSTEM P CORNER N: 7. 1 25, 690. 81 Et 2, 386. 694+ 13 I S88• 49’ 37-W 1 76. 95'N89' 53' 26" E T l 62. 04 ’ 1/2" IRF AREA TO BERETAINED BY THE STATE OF TEXAS U. S. 77 (EAGLE DR) LEGEND VARIABLE WIDTH Re 08 We NO DEE6 OF RECORD FOUND • EXISllK; Roe • SU8J€CT LlhE • ROW PARCEL • PROPERTY LINE • EASeBENT • PROPOSED BASELINE • rEE KXH 8 APPROX. SLRYEY LINE NOTES! I ' s?!?!i :i ?St::N:oX?HOE! iT gET!aIEE:iSIEDAlg iIEEjE:£:Nc=!D£'::TH iliRi(pAi DAta'OF 1983 {NAD8}), 20lt ADAiSn£NT, EPOCH 20108 0+ P, Re De Ce Te • OFF I CIAL nBL IC RECORDS9 DENTON COLNT Y , TEXAS P.0.8. • POINT OF BEGtNyING a' A£bS?! jT if E?BHEfa£Z£!!TEI:mhZiIi;!!, A:£ Ibs iHlgTr BENT ON COUNTy snr ACE ADJUSri£NT FACTOR t.0001S0630. iiiID hOR7HINC & GRID EASTIMC X t.0001S0630 • SURFACEI ORICIU OPO•DOC. IO. • DOCLB£NT HJBER VOL. • VOtLA£ PC. . PAGE 5' BiTli :SEE! ;b:Tl£&+?:?rP!:£:C?YLtlIR+;jjNt rjCh HE it INg sliiE.D-M SEaLED OII EVE8 DaTE HeneeITH UD IS HEREBY UA0€ A PART CF THIS IXXWENTe Re O+ ee 8 RIGHT 'CFOWAY CAB+ • CABINET IRF • IRON ROD FOUND N. T.S. • IOT TO SCALE 6. ABSTR4CTlhC ns PEm tHIRD eIT}wT THE BEhEFIT OF ALi–HATTERS OF RECORD HAY NOT BE SHeN FEREIN. T 1 TL E C(X4YITl£ NTS+ I.,J 8 APPARENT PROPERTY COIU£R 7. rtELD sunvEys w£n£ P£RronXO 18 ocTOBEn CF 2023.I ;}n e •uobu€nT rouwa tls MED> I HEREBY CERTIFY THAT THiS PLAT HEREIN AND ACCOMPANYING LEGAL DESCRIPTION OF EVEN SURVEY DATE REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY suPeRVIsioN.I SCALE: GRID I "•40‘ mIEL M. PUTUAN. RPLS NO. 6729 COBB. FENDLEY & ASSOCIATES, INCe T8PELS LAND SURVEYiNG FIRM NO. 10046700 DATE ISmIN FEEg