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HomeMy WebLinkAbout25-753ORDINANCE NO. 25-753 AN ORDINANCE OF THE CITY OF DENTON MAKING A FINDING, PURSUANT TO THE REQUIREMENTS OF CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, THAT (1) THERE ARE NO FEASIBLE AND PRUDENT ALTERNATIVES TO THE CHANGE IN USE OF APPROXIMATLEY 4.3689 ACRES OF CITY PARK LAND FOR A PUBLUC UTILITY EASEMENT, LOCATED WITHIN A PORTION OF VINTAGE PARK AND TAMARACK PARK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FOR THE PURPOSE OF [NSTALLING AND MArNTArNiNG AN UNDERGROUND SANITARY SEWER LINE THAT SERVES THE SOUTHWEST SIDE OF DENTON, AND (2) FINDING THAT ALL REASONABLE PLANNING HAS BEEN DONE TO MINIMIZE HARM TO THE LAND AS A PARK, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 26 of the Texas Parks of Wildlife Code provides that a municipality may not approve of any program or project that requires the use or taking of any public land designated and used as a park unless the municipality determines and finds that, after notice and hearing, 1) there is no feasible and prudent alternative to the use or taking of such land for the proposed project and 2) the program or project includes all reasonable planning to minimize harm to the park resulting from such use or taking; and WHEREAS, the City of Denton (“City”) is the owner of approximately 40.36 acres of unimproved park land named Vintage Park, granted to the City by recorded instrument 2005- 60563 in the Real Property Records, Denton County, Texas, situated along Roark Branch, the description of which is set forth on Exhibit “A“ attached hereto; and WHEREAS, the City is the owner of approximately 25.41 acres of unimproved park land, granted to the City by recorded instrument 2022-152125 in the Real Property Records, Denton County, Texas, situated along Roark Branch, the description of which is set forth on Exhibit “B” attached hereto (collectively with Exhibit A, the “City Park Land”); and WHEREAS, City Park Land is protected land under Chapter 26 of the Texas Parks and Wildlife Code and operates as such, serving as natural open space with plans for future trails and other related park amenities; and WHEREAS, Landmark by Hillwood Communities (the “Developer”), on behalf of the City of Denton, is requesting public utility easements (a non-park use) through Vintage Park and Tamarack Park for the installation and maintenance of a regional sewer line (Roark Branch Sewer CEP23-0057) that will serve the southwest side of Denton (“Sanitary Sewer Easement”) to serve the future residents of the Landmark Development and the general public (“Project”) attached as “Exhibit “C”; and WHEREAS, the Sanitary Sewer Easement will be constructed by Developer and dedicated to the City to be maintained in perpetuity by the City of Denton Water Utilities Department; and WHEREAS, based on Developer’s and City’s review following an analysis of potential sites and options performed by Developer’s consultant, Kimley Horn Associates, for the Project, there are no feasible and prudent alternatives available for the location and construction of the Project; and WHEREAS, the Roark Branch Sanitary Sewer is identified as a 5-year CIP Project in the City of Denton’s Wastewater Master Plan Capital Improvement Plan and is necessary to serve the southwest portion of the City of Denton. WHEREAS, the proposed alignment generally follows Roark Branch and is consistent with that shown in the Wastewater Master Plan which shows the alignment crossing the park property, and WHEREAS, Environmental Sensitive Areas (“ESA”) have been assessed along the alignment of the Roark Branch Sewer project, which exist with the park boundaries. The assessment was reviewed and approved by the City of Denton as project number ESA24-0001. The sewer alignment has been determined to minimize encroachments into water related and riparian buffer ESAs. The line will be directionally bored where encroachments cannot be avoided, and WHEREAS, the Project will replace an existing sewer line located in an existing easement within the Vintage Park property. The proposed sewer line follows the alignment of the existing sewer line. Additional easement area is required to accommodate current requirements of the City of Denton Utility Department. WHEREAS, the proposed alignment runs along the north edge of Tamarack Park and utilizes an existing 8-foot-wide public utility easement adjacent to Edge Way allowing for the sewer easement width to be reduced in this area and to be immediately adjacent to the already built environment that is Vintage Village Phase 1. WHEREAS, Developer will return any disturbed areas of the City Park Land back to its original condition prior to the Project or better; and WHEREAS, the City provided notice in the Denton Record-Chronicle on April 23, 2025, April 30, 2025, and May 7, 2025, of a Public Hearing to be held on May 20, 2025, in the Council Chambers to consider the Project in City Park Land; and WHEREAS, the City Council finds that the Project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there are no feasible and prudent alternatives to the non-park use or taking of the City Park Land and that the installation and maintenance of a sanitary sewer line includes all reasonable planning to minimize harm to the City Park Land as a result of the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. That the findings set forth in the recitals of this ordinance are found true and correct and are hereby adopted as the findings of the City Council. Page 2 of 7 SECTION 2. In accordance with Chapter 26, Texas Parks and Wildlife Code, the City Council finds that: (i) the Project requires the use or taking of the 4.3689 acres of the City Park Land; (ii) there is no feasible and prudent alternative to the change in use of approximately 1.054 acres of City Park Land located within the City Park Land from a public park use to sanitary sewer use; (iii) and that the sanitary sewer easement includes all reasonable planning to minimize harm to the land, as a park, resulting from the Project use. SECTION 3. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. [signatures to appear on the following page .] Page 3 of 7 The motion to approve this ordinance was made by Brandon Chase McGee and seconded by Vicki Byrd; the ordinance was passed and approved by the following vote [ 6 - 1 ]: Aye X X Nay X Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : 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: X X X X PASSED AND APPROVED this the 20th day of May, 2025 . 'nRARD HN ATTEST: LAUREN THODEN, CITY SECRETARY C#aIMe/, MR b\\\111111/f/ APPROVED AS TO LEGAL FORM: MACK REFNW AND, CITY ATTORNEY BY, }r£@boc££&Luybfb Page 4 of 7 EXHIBIT A (City Park Land Depiction) Page 5 of 7 Denton County Cynthia Mitchell County Clerk Denton, TX 76202I@llkIRHllllIRI1111111.11RllllKltl18RllIRI 70 2005 00060563 Instrument Number: 200540563 As DeedRecorded On: May 23, 2005 Parties: DENTON CJW PARTNERS LTD Billable Pages: 16 To Number of Pages: 16 Comment: -' Examined and Charged as Follows: “ 44 00Deed Total Recording:44.00 THIS PAGE IS PART OF THE INSTRUMENT ***’*„'*-" Any provisIon herein WhICh restrIcts the Sale, Rental or use of the described REAL PROPERTY because of color or race IS invaIId and unenforceable under federal law File Information: Document Number 2005.60563 Record and Return To: ReceIpt Number. 195533 Recorded DatefTime- May 23, 2005 09:14A CITY OF DENTON ENGINEERING DEPT 601 E HICKORY SUITE B DENTON TX 76205User / StatIon: P Sallee - Cash Station 4 THE STATE OF TEXAS } COUNTY' OF DENTON } I hereby certIfy that thIs Ins&um©nt was FILED in the FIle Number sequence on the dat8fdme prInted h•ron, and was duly RECORDED in the OffIcIal Records of Denton County, Texu CWL County Clerk Denton County, Texas ALAMO TITLE COMPANY GF._ ___IIe>i_sa__._, After Recordin& Return to: CIty of Denton Engineering Department 601 E. Hickory Suite B Denton, Ter8s 76205 Attention: Pamela England DONATION DEED NOTICE OF CONFEDENrLALiTY RIGHTS: n YOU ARE A NATURAL PERSON. YOU MAY REMOVE OR STRn(E ANY OF THE FOLLOwnqG nqFORMATioN FROM THIS UqSTRUMENr BEFORE IT IS FiLED FOR RECORD Dq THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS,§ § §COUNTy OF DENTON Iavow ALL MEN BY THESE PRESENTS THAT the undersigned, Denton-C JW Partners, Ltd., a Texas limited partnership (hereinafter referred to as “Grantor”, whether one or more for good and valuable consideration to it in hand paid by City of Denton, Texas, a home rule municipality (hereinafter referred to as “Grantee”), has GRANTED, GIVEN AND CONVEYED, and by these presents does hereby GRANT, GIVE, AND CONVEY unto the said Grantee, for park and recreation purposes, the real property containing approximately 40.355 acres of land more particularly described on Exhibit “A“ and illustrated in Exhibit “B“ attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title and interest ofGrantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are collectively referred to as the “Property”). The consideration for this instrument includes Grantor’s intention to make a gift as a charitable contribution under applicable income tax laws and regulations. Grantee hereby represents and warrants that the Property will be used for no purposes other than “public purposes“, as required by Section 170(c)(1) of the Internal Revenue Code of 1986, as amended (the “Code”). It is expressly understood that the public purpose usage for the Property will be the operation of a public park. Grantor and Grantee hereby agree to execute, acknowledge and deliver such additional documents, and take such further actions, as are reasonably necessary in order to effectuate this charitable contribution, including, but not limited to, an IRS Form 8283 “Noncash Charitable Contributions” and a contemporaneous written acknowledgment of the contribution of the Property, as required by Section 170(f)(8) of the Code and the regulations promulgated thereunder. This conveyance is expressly made by Grantor and accepted by Grantee subject to those exceptions affecting the Property that a set forth in Exhibit “C” attached hereto and made a part hereof by reference (the “Peunitted Exceptions”). Page 1 Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the oil, gas and other minerals in and under and that may be produced from the Property, except that the Grantor, its successors and assigns, shall not have the right to enter upon or use the Property to access, extract or produce such oil, gas and minerals (“Reserved Minerals”). This reservation specifically includes, without limitation, the Oil and Gas Lease between Grantor and Lynx Oil Co. referenced on Exhibit "C" and all production and benefits from it. Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of the mineral estate owned by Grantor with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, it’s successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject to the Permitted Exceptions and the Reserved Minerals. AS IS. EXCEPT AS IS E}QRESSLY PROVDED FOR nq THE REAL ESTATE CONTRACT BETWEEN GRANTOR AND GRANrEE DATED EFFECTIVE AS OF NOVEMBER 16, 2004, AS AMENDED, GRANTEE IS ACQUERnqG THE PROPERTY “AS IS” AND “WITH ALL FAULTS” AND WITFlour WARRANrEES, REPRESENTATIONS, OR GUARANTEES OF ANY KnqD, ORAL OR WRITTEN, E}@RESS OR MPLmD, CONCERNEqG THE PROPERTY n{cLUDnqG WITHOUT LDarrATiON (1) THE VALUE, CONDITION, MERCHANrABiLiTY, HABITABILITY, MARKF,TABnITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY; (2) THE MANNER OR QUALITY OF THE CONSTRUCTION OF THE np@ROVEMENrs OR MATERIALS n{CORPORATED nwo THE PROPERTY; AND (3) THE MANNER OF REPAER OF THE PROPERTY. NO REPRESENTATIONS. GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO TIm PHySICAL CONDITION OF THE PROPERTY OR ANY OTHER MATTER AFFECTmqG OR RELATBqG TO THE HEREIN DESCRBED PROPERTY (OTHER THAN THE WARRANTY OF TITLE ACCORDDJG TO THIS DEED) AND THAT GRANTEE HAS BEEN AFFORDED AN ADEQUATE OPPORTUNrFY TO nqsPECT AND EVALUATE THE CONDITION OF THE PROPERTY. GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENrATioNS OR WARRANrBS HAVE BEEN MADE AND GRANTEE AGREES TO ACCEPT THE HEREn{ DESCRnBED PROPERTY “AS IS” Page 2 AND “WHERE IS” AND WITHOUT WARRANTY, EXPRESS OR n4PLEED, AS TO THE MERCHANTABELITY OF THE PROPERTY OR OF ITS FITNESS FOR ANY PARTICULAR USE OR PURPOSE. NO REPRESENTATIONS, CLAMS, STATEMENTS, ADVERTISNG OR PROMOTIONAL ACTrviTus MADE OR CONDUCTED BY GRANTOR OR GRANTOR’S AGENTS OR REPRESENTATIVES SHALL BE BHqDn{G UPON GRANrOR. NO RELIANCE. GRANTEE HAS NOT RELnD UPON ANY STATEMENTS OR REPRESEvrATioNS MADE BY GRANrOR AND/OR ANY AGENT OF GRANFOR nq ITS DECISION TO ACQUIRE THE PROPERTY. WE RELLANCE. GRANTEE FURTHER AGREES THAT IT HAS RELIED SOLELY ON ITS nqsPECTioNS OR nqsPECTioNS MADE BY ITS AGENTS ng MAKING ITS DECISION TO ACQUERE THE PROPERTY PERTADqnqG TO WHETHER THE PROPERTY IS PHYSICALLY sumED FOR GRANTEE'S nqTENDED USES. CONDITION PRECEDENT. GRANTEE ACKNOWLEDGES THAT BEn FOR THE ACCEPTANCE OF THE PROPERTY “AS IS”, GRANroR WOULD NOT HAVE EXECLrrED THIS DEED. PARAGRAPH SHALL SURVIVE C SURVIVAL. THE PROVISIONS OF THIS "CONDITION OF PROPERTY" Executed to be effective as of Denton CJW Partners Ltd. Page 3 ACKNOWLEDGMENTS STATE OF TEXAS 9 g § §COUNTY OF TARRANT is acknowledged befo,e m,, ,n this @– day of 2005 by Michael Casey, Manager of Denton-CJW, L.L.C., CJW Partners, Ltd, a Texas limited partnership, on behalf ofgeneral 1> ; said limited-padnership rMI i fir S Page 4 Exhibit “A” 40.355 Acre PROPERTY DESCRIPTION Being a 40.355 acre tract of land situated in the James Edmonson Survey, Abstract No. 401, in the City of Denton, Denton County, Texas, and being a portion of a certain tract of land described as Parcel No. 1, in deed to Dalton-CJW Partners, Ltd., recorded in Clerk's Document No. 98-R0036601, County Clerk’s Records, Dmton County, Texas. The bearings for this survey are based on the east line of said Parcel No. 1, recorded in Cluk’s Document No. 98-R003660 1, County Cluk's Records, Denton County, Texas. Said 40.355 acre tract of land described by metes and bounds as follows: Commencing at a 5/8" iron rod found in the cmtu of Bonnie Brae Road, an undedicated public right.of-way, and being in the east line of said Parcel No. 1, also being the intersection of said east line and the south right-oF.way line of Vintage Boulevard, a 120' right-of-way, as dedicated in Clerk's Document No. 2001-R0013040, Deed Records, Denton County, Texas; Thane South 0'’07'20" Wesb departing the south right-of-way line of Vintage Boulevard, along the east line of said Parcel No. 1 and galerally along the center of Bonnie Brae Road, a distance of 1903.15 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" found for the PonvF OF BEGINNING; Thence South 0'’07'20'’ West, continuing along the east line of said Parcel No. 1 and generally along the center of Bonnie Brae Road, a distance of 701.21 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; Thence departing the center of Bonnie Brae Road and the east line of said Parcel No. 1 and over and across said Parcel No. 1, the following courses and distances: North 83'>23'11" West, a distance of 14.29 Feet; South 57'’32'54" West, a distance of 10.56 Feet; South 18'’26'46'’ West, a distance of 30.72 Feet; South 42'’21'28" West, a distance of 24.a Feet; South 88'’45'13" West, a distance of 18.63 Feet; South 52'’00'19" West, a distance of 34.14 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 81c’56'40" West, a distance of 87.30 Feet; North 58'10'42 " West, a distance of 59.10 Feet; EXHiBrr “A – 2” Page 1 of 8 North 56'31'25" West, a distance of 99.05 Feet; North 49'’32'28" West, a distance of 123.48 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 55'18'11" Wat, a distance of 118.59 Feet to a 1/2" iron rod with plastic cap stamped '’RPLS 4818" set; North 35'54'4111 West, a distance of 75.95 Feet; North 16'17’25'’ West, a dis jance of 131.41 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 43'55'29" West, a distance of 258.51 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 63Q50'08'1 West, a distance of 189.07 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; North 52'’21'13" West, a distance of 116.61 Feet to a 1/2" iron rod with plastic cap stamped ’'RPLS 4818" set; North 86'’56’3 1 " West, a distance of 125.68 Feet; South 86'’43'40" West, a distance of 102.78 Feet to a 1/2" iron rod with plastic cap stamped 'IRPLS 481811 set; South 74'’04'01" West, a distance of 175.28 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818'’ set; South 61'’30'57" West, a distance of 256.66 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 48 18" set; North 87'56'01" West, a distance of 112.25 Feet; North 87'’49'37" West, a distance of 32.02 Feet; North 53'38'09" West, a distaabe of 47.78 Feet; North 82'’50'13" West, a distance of 72.46 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 47'30'39'1 West, a distance of 19.77 Feet; North 38'10'39" West, a distance of 14.41 Feet; Page 2 South 52'’29'42" West, a distance of 63.81 Feet to a 1/2" iron rod stamped "RPLS 4818" set; North 18'’47'24" Wesl a distance of 21.37 Feet; North 60'’34'27" West, a distance of 133.ZU Feet; North 63'’37'47" West, a distance of 58.31 Feet; North 68'’03’35" West, a distance of 63.70 Feet; South 67'10'54" West, a distance of 16.70 Feet to a 1/2" iron rod stamped '’RPLS 4818" set; South 13'’11'58" West, a distance of 53.21 Feet; South 41'’22'05" West, a distance of 53.92 Feet to a 1/2" iron rod stamped "RPLS 4818" set; North 12'’44'55" East, a distance of 47.72 Feet; North 10'’50l55" West, a distance of 1 9.37 Feet; North 68'’C)4’34" West, a distance of 31.43 Feet; North 89'’00'45" West, a distance of 23.49 Feet; South 75'16’52" West, a distance of 81.23 Feet to a 1/2" iron rod stamped "RPLS 48 18" set; North 81'’12'00'’ West, a distance of 73.62 Feet; North 73'’58'17" West, a distance of 70.84 Feet; South 73'49'16" West, a distance of 26.14 Feet to a 1/2" iron rod stamped I'RPLS 48 18" set; South 34'03'54'’ West, a distance of 36.15 Feet; South 66'’58'28'’ West, a distance of 67.06 Feet to a 1/2" iron rod stamped "RPLS 48 18" set in the west line of said Parcel No. 1 ; Thence North 0o34l36" East, along the west line of said Parcel No. 1, a distance a 1/2" iron rod with plastic cap stamped '’RPLS 4818" set; with plastic cap with plastic cap with plastic cap with plastic cap with plastic cap with plastic cap of 687.33 Feet to Page 3 Thmce departing the west line of said Parcel No. 1 and over following courses and distances: South 3'47'40" East, a distance of 36.00 Feet; South 43'21'56" East, a distance of 26.21 Feet; North 63'27'04" East, a distance of 26.26 Feet; and aaoss said Parcel No. 1 the North 22'29'38" East, a distance of 38.11 Feet; North 60'09'29" East, a distance of 30.96 Feet to a 1/2" '’RPLS 4818" set; South 51'54'22" East, a distance of 59.69 Feet; South 59'51'27" East, a distance of 34.65 Feet; South 70'15'58" East, a distance of 16.78 Feet; South 81'13’09" East, a distance of 79.71 Feet; iron rod with plastic cap stamped South 74'42'25" East, a distance of 65.33 Feet to a 1/2' "RPLS 4818" set; South 75'21'45" East, a distance of 48.72 Feet; South 62'09'08" East. a distance of 77.52 Feet to a 1/2' "RPLS 4818" set; South 62'35'35" East, a distance of 27.71 Feet; South 73'’16'33" East, a distance of 75.15 Feet; South 69'’27'26" East, a distance of 31.14 Feet; iron rod with plastic cap stamped iron rod with plastic cap stamped South 59c’15'18" East, a distance of 19.79 Feet; South 72'’06'27" East, a distance of 27.66 Feet to a 1/2' "RPLS 4818" set; South 88'00'00" East, a distance of 42.01 Feet; South 81'15'20" East, a distance of 49.91 Feet; North 77c’58'40'’ East, a distance of 25.26 Feet; iron rod with plastic cap stamped Page 4 South 32'’17'38" East, a distance of 18.19 Feet; South 78'’09'58'’ East, a distance of 51.31 Feet; South 89'’11'37'’ East, a distance of 57.51 Feet to a 1/2" iron rod with plastic cap '’RPLS 4818" set; North 77'’51'42" East, a distance of 97.96 Feet; North 82'’17'46" East, a distance of 39.23 Feet; North 88'’19'44" East, a distance of 41.73 Feet; South 88'’58'51 " East, a distance of 18.80 Feet; South 74'’28'59" East, a distance of 16.41 Feet to a 1/2" iron rod with plastic cap "RPLS 4818" set; North 60'’00’23" East, a distance of 75.28 Feet; North 48'’23'12" East, a distance of 29.25 Feet; North 24'’36'03" East, a distance of 39.03 Feet; North 6'’20'4 1 " East, a distance of 25.65 Feet; North 70'’01 '48" East, a distance of 4.74 Feet; South 72'’17'45" East, a distance of 30.61 Feet; North 2'’05’48'’ West, a distance of 33.21 Feet; North 1'’54’38" East, a distance of 12.15 Feet; North 26<’01’30” East, a distance of 1.72 Feet to a 1/2" iron rod with plastic cap "RPLS 4818" set; North 26'’01l30" East, a distance of 20.35 Feet; North 20<’33'58'1 East, a distance of 50.24 Feet; South 87'’08'23" East, a distance of 24.33 Feet; North 67'’50’51" East, a distance of 25.76 Feet; stamped stamped stamped Page 5 North 40'’3 1'37" East, a distance of 36.20 Feet; North 19'’43'54" East, a distance of 26.45 Feet; North 28c’01'17" East, a distance of 27.51 Feet; North 12'’09'09" West, a distance of 32.70 Feet; North 40'’17l3 1 " West, a distance of 38.20 Feet; North 13'45'01 " East, a distance of 12.08 Feet; North 23'01'24" West. a distance of 32.10 Feet to stamped "RPLS 4818" set; South 35'’43'33" East, a distance of 79.76 Feet; South 31 '48'36" East, a distance of 31.43 Feet; South 2<’35'48'’ East, a distance of 10.70 Feet; South 11'11'12" West, a distance of 85.39 Feet; South 41'’28'39" West, a distance of 83.36 Feet to stamped "RPLS 4818" set; South 0'’00'00" East, a distance of 10.12 Feet; South 51'43'46" East, a distance of 9.80 Feet; South 88'’45'24" East, a distance of 37.30 Feet; South 45'’O1'13'1 East, a distance of 6.87 Feet; South 14'’35'03" East, a distance of 20.91 Feet; South 43'’48l05" East, a distance of 26.91 Feet; South 75'’(A'43" EasE a distance of 18.86 Feet; North 11'’27’14" East, a distance of 18.17 Feet; North 36'’18'31" East, a distance of 13.06 Feet; North 69'27'26" East, a distance of 51.90 Feet; a 1/2" iron rod with plastic cap a 1/2" iron rod with plastic cap Page 6 North 31'’01'08" East, a distance of 58.08 Feet; North 43'’51'57" East, a distance of 12.91 Feet; North 70'’28'33" East, a distance of 20.59 Feet; North 84'’55'26" East, a distance of 18.30 Feet; South 67'’48'41 " East, a distance of 19.93 Feet to a "RPLS 4818" set; North 89'>02'57" East, a distance of 217.01 Feet; North 81'’21'48" East, a distance of 100.36 Feet; South 79'’07'19" East, a distance of 63.05 Feet; South 66'’50'43" East, a distance of 28.42 Feet to a "RPLS 4818" set; South 66'’48'58" East, a distance of 26.02 Feet; South 54'’53'05" East, a distance of 26.20 Feet; South 52'’47'15" East, a distance of 43.71 Feet; South 63'’21'33" East, a distance of 45.95 Feet; South 77'’12'06" Easb a distance of 45.90 Feet; South 66c’54'26" East, a distance of 36.77 Feet; South 64'’04'44" East, a distance of 58.21 Feet to a "RPLS 4818'’ set; South 74'’33'40" East, a distance of 20.62 Feet; South 63'’47'58" East, a distance of 61.08 Feet; South 49'’55'08" East, a distance of 78.84 Feet; South 47'’06'10" East, a distance of 61.76 Feet; South 40'’37'17" East, a distance of 80.47 Feet; South 31 '’43'58" East, a distance of 40.20 Feet; 1/2" iron rod with plastic cap stamped 1/2" iron rod with plastic cap stamped 1/2" iron rod with plastic cap stamped Page 7 South 38'18'34" East, a distance of 37.05 Feet; South 29'’53'18" East, a distance of 30.19 Feet; South 40'’50'06" East, a distance of 23.06 Feet; South 19'’30’16" East, a distance of 15.99 Feet; South 33'’51'21 " East, a distance of 35.78 Feet; South 42'’22'20" East, a distance of 16.68 Feet; South 35'’00’40'’ East, a distance of 38.74 Feet; South 28'17'05" East, a distance of 20.04 Feet; South 30'’37'55" East, a distance of 1.62 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set; South 28'’32'57" East, a distance of 31.69 Feet; South 36'’44'22" East, a distance of 10.87 Feet; South 29'37'19" East, a distance of 29.09 Feet; South 22'>45'56" East, a distance of 38.65 Feet; South 18'’zPt'31" East, a distance of 28.53 Feet; North 22'10'50" East, a distance of 83.80 Feet; South 68'’13'01" East, a distance of 14.41 Feet to the PonvF OF BEGINNING and containing a computed area of 40.355 Aaa, more or less. Page 8 EXHIBIT “B” e I ; h nT : ii: ii gi!!i/S// y.)/ / /g / E!!! !!i I=L=JO atl;;:I:;lima an;iRETaIn magBgiiRE ,.?D£ iii-?- .F -; -i iS;E- g -=XU iii ilt{iii!!,i!!!giiiigi!!iigiaii iiiiiiEEgiii,iii iiiiIli Iii:a;iii!!!iillliiliiijBjii:llisii€!::!iili:!!!ier:!!:Eilili5ii!!:lliiii gUiilIEg!!!!! J:===1C1[1E:1\II CHA= 1 iQFroe P SSSEEEEIS6666EESEESSIg£EE8$£SSIggE£EEIEE5E GIgGIES$EEE£E££5CBeBCeCBC 9 !!!!! ' : EXmBiT “C” PERMrrTED EXCEPTIONS (To be recited jromfmal Schedule B of Title Commitment) 1. Electric lines and guy wire easmrmts as granted to Denton County Electric Cooperative, Inc., dated April 17, 1946, 61ed Octobu 29, 1953 in Volume 402, page 408, Deed Records, Denton County, Texas, and as affected by inshummt recorded June 28, 1989, in Volume 2402, Page 568, Deed Records, Denton County, Texas, as shown on survey dated January 28, 2005, prepared by Johnny D. L. Williams, ofWhit£eld-Hall Surveyors, RPLS No. 4818. 2. 100-foot wide electric and telephone line easmmt as granted to Texas Power & Light Company, dated Novmber 28, 1967, Sled Decmrbu 4, 1967 in Volume 559, Page 570, Deed Records, Dalton County, Texas, as shown on survey dated January 28, 2005, prepared by Johnny D. L. Williams, ofWhit6eld-Hall Surveyors, RPLS No. 4818. 3. Easement created in instrument executed by Henry S. Miller Co., Trustee, to Texas Municipal Power Agency for 75 foot wide electric powa and/or communication line, dated Novanbu 1, 1982, filed Novmrba 3, 1982, rworded in Volume 1174, Page 80, Deed Records, Dmton County, Texas, as shown on survey dated January 28, 2005, prepared by Johnny D. L. Williams, of Whitfield-Hall Surveyors, RPLS No. 4818. 4. Drainage and access easmlent executed by Denton CJW, Ltd. to Denton County, Texas, dated May 26, 2004, recorded June 17, 20tH urdu Clerk’s File No. 79748, as shown on survey dated January 28, 2005, prepared by Johnny D. L. Williams, of Whitfield-Hall Surveyors, RPLS No 4818 5. Minual and/or royalty reservation, the royalties, bonuses, rentals and all other rights desaibed in partition deed dated February 10, 1965, recorded in Volume 519, Page 518, Deed Records, Tarrant County, Texas. 6. An undivided intnest in and to the oil, gas and other minerals of any kind as set forth in Minaal Deed executed by Denton-CJW Partners, Ltd. to Casey Realty Advisors, Inc., Charles Jowell, Formitx and James C. Welch, dated Octoba 1, 2003, recorded May 26, 2004 under CI uk’s File No. 68554, subject to Surface Use Restriction Agnanmt dated May 9, 2005, by and between Dalton CJW Partners, Ltd., the City of Denton, Texas, Casey Realty Advisors, Inc., Charles Jowell, Formitx, Ltd. and James C. Welch to be recorded simultaneously with the Bling of this Deed. 7. Oil and Gas Lease dated July 26, 2001, executed by James E. Callahan, executor for the Lotta E. Callahan Estate and the Felix W. Callahan Estate, as Lessor and Lynx Oil Co., Inc. as Lessee, recorded in Volume 4887, Page 2162, Real Property Records of Denton County, Texas, and as affected by Pooling Agnments recorded in Volume 5254, Page 1716, and Volume 5548, Page 712, Real Property Records of Dalton County, Texas, subject to Surface Use Restriction Agreement dated May 9, 2005, by and between Denton CJW Partnus, Ltd., the City of Denton, Texas, Casey Realty Advisors, Inc., Charles Jowell, Formitx, Ltd. and James C. Welch to be recorded simultaneously with the filing of this Deed. 8. Mmrorandum of Oil and Gas Lease dated March 15, 2002, executed by Denton CJW Parlnus, Ltd., as Lessor, and Lynx Oil Corp., Inc., as Lessee, recorded in Volume 5055, Page 2157, Real Property Records of Denton County, Texas, subject to Surface Use Restriction Agnment dated May 9, 2005, by and betwem Denton CJW Partners, Ltd., the City of Denton, Texas, Casey Realty Advisors, Inc., Charles Jowell, Formitx, Ltd. and James C. Welch to be recorded simultaneously with the 61ing of this Deed. 9. ' Memorandum of Oil and Gas Lease dated February 1, 2004, executed by Denton CJW Pannus, Ltd., as Lessor, and Lynx Oil Corp., Inc., as Lessee, recorded February 3, 2004, under Cluk’s File No. 13659, Real Property Records of Denton County, Texas, subject to Surface Use Restriction Agreement dated May 9, 2005, by and between Denton CJW Partners, Ltd., the City of Denton, Texas, Casey Realty Advisors, Inc., Charles Jowell, Fouuitx, Ltd. and James C. Welch to be recorded simultaneously with the Sling of this Deed. 10. Easemalt from Denton CJW Partnus, Ltd. to the City of Denton, filed for record May 6, 2005, recorded undu County Cluk’s File No. 2005-537626, Real Property Records, Denton County, Texas, as shown on survey dated January 28, 2005, prepared by Johnny D. L. Williams, ofWhit£eld-Hall Surveyors, RPLS No. 4818. EXHIBIT B (City Park Land Depiction) Page 6 of 7 Denton County Juli Luke County Clerk Instrument Number: 152125 ERecordings-RP DEED Recorded On: October 28, 2022 01 :58 PM Number of Pages: 4 " Examined and Charged as Follows: - Total Recording: $38_00 ****#****** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Renta£ or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information:Record and Return To: Document Number:152125 Simplifi£e Receipt Number:20221 028000445 Recorded Date/Time:October 28, 2022 01 :58 PM User:Cheyenne H Station 43Station : STATE OF TD(AS COUNTY OF DENTON I hereby certify that this Instrument was FILED in the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. +We Juli Luke County Clerk Denton County, TX NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWP{G INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INFEREST IN REAII PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON g IOIOW ALL MEN BY THESE PRESENTS That VV52 Denton LP, (herein called “Grantor”), for and in consideration of the sum of TEN AND NO/100 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 (herein called “Grantee”), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all of that certain approximate 25.414 acre tract or parcel of real property, together with appurtenances thereon and improvements thereto, including all right, title and interest in all adjacent public streets and public rights-of-way (if any), more particularly described as: Lot IX, Block A, ofthe Vintage Village Addition, according to the final plat thereof recorded as Document No. 2022.366, Plat Records of Denton County, Texas (the “Property”). Grantor, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and that may be produced from the Property. Grantor, their heirs, devisees, successors, and assigns shall not have the right to use or access the surface of the Property, in any way, manner, or form, in connection with or related to the reserved oil, gas, and other minerals, and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or related to the exploration or production of same. As used herein, the term “other minerals” shall include oil, gas, and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other exploration and/or production method, operation, process, or procedure would consume, deplete, or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term “other minerals” as utilized herein, shall be in accordance with that set forth in Reed v. Wylie , 597 S.W.2d 743 (Tex. 1980). As used herein, the term “surface of the Property” shall include the area from the surface of the earth to a depth of five hundred feet (500’) below the surface of the earth and all areas above the surface of the earth. Grantor hereby assigns to Grantee, without recourse or representation, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. 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 Grantor’s successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee 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 otherwise. EXECUTED the LLC, its General Partner mB:Mv ACIQqOWLEDGMENT THE ST CO This instrument was acknowledge i before me o Um+'o. MyIMy 8 HOPPER Notary ID #123972031 My Commission Expires February 28. 2025 2 Upon Filing Return To: City of Denton Development Services – Real Estate 401 N. Elm St. Denton, TX 76201 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 EXHIBIT C Page 7 of 7 J \- J r. I–BId.I lb /-r T;’a\ –=-- -lO FVmlPlndAHBrVa MIlan: ,® :oH==Hn -' /\B / LEGEND ExIsting Infrastructure g ==1::111=== dLi[m 1F 1 t 1[WL P) Fa GIUBU Sbnge Tank anna Farce Nabl 10.Year CIP Projects Protmad Sawel bLSewuUne8obe Abandoned • %opand LRSla6on [a] & Lit Stztk>n b be Abardornd PropwedForuH•in :++++C & Home HahI to be Abandoned • Urdu Dubn LXtSbltM h be WIdened Undu Design Force Ab+rdened a %oWned Wbtu hecIHtutton PbrR {WRP)he FrJbUnaaV Cooper CIUb . = HEkxy Geek Ea hkWHW Rand CHUb (v/) bb qjI cq Lma <frI aOHW arM 1 == = 8 :1===;•n 1SIRu:#y E= %menu Ea PHan Crmk 5.Year CIP Pr!>jects e WIeld anew SUmp Tank : ::::::!IIIrS=!!:1::: N1 1HH&E)n!111:1 • hwpooH Lit sueon [H] £xLas12tb„bb, n„d,n,d ProlmleldFoneHahl nB+K & FotceH•kr Ab•ndl4nerJ • Under Bollen LIt SUtlon Ill be Alhndoned &iHIC UndaDedgn Rene Rah U beAbarulol+ed U hWl Wau Rabmatbn Pba (wm) BJ & Water Recbmatbn HaIR (WRP) b be Abondoned 2&Year CIP Pr!)luts PmImIlldFoneHan ++++C & Force nah to beAbardened : :::EI 1==1==L= abLmn mEu Sewn Lite • hopeed LftSUOon [H] b, Ut Stztbn b be Abardoaed CITY OF DENTON a mley »>HornKi mI :::::?: =!11=fUhgaabghHmgrUSlrWM puNS it r=W:TEtranD==11=::=J==IraInuIt d pnpaty bour)arIa WASTEWATER MASTER PLAN a TDEhHenl CAPITAL IMPROVEMENT PLAN 1- a 4,500 FEFr November 2023