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HomeMy WebLinkAbout25-018ORDINANCENO. 25-018 AN ORDINANCEOFTHECITY OFDENTON DETERMINING THE PUBLIC USE,NEED, AND NECESSITYFORTHEACQUISITIONOFVARIOUS(1)PERMANENTDRAINAGE EASEMENTS AND (I1) TEMPORARY CONSTRUCTION EASEMENTS, GENERALLY LOCATED ALONG BERNARD STREET,WEST SYCAMORE STREET,WEST MULBERRY STREET,AND STROUDSTREETAND BETWEENCARROLLBLVD. AND ELM STREET SITUATEDIN THE WILLIAM LOVING SURVEY, ABSTRACT NO. 759, THE M.E.P. & P.R.R CO. SURVEY, ABSTRACT NO. 925, THE EUGENE PUCHALSKI SURVEY. ABSTRACTNO. 996AND THE WILLIAM NEIL SURVEY.ABSTRACT NO. 971.ALL rN THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBEDIN THEATTACHED EXHIBIT(S), “A“ (COLLECTIVELY, THE “PROPERTY INTERESTS(S)”);AUTHORIZINGTHE CITY MANAGERAND CITY ATTORNEYTO ACQUIRE THE PROPERTYINTERESTSBY AGREEMENT IF POSSIBLE,INCLUDING MAKING ALL OFFERSREQUIREDBY LAW; AUTHORIZINGTHEUSEOFTHEPOWER OF EMINENT DOMAIN PROCEEDINGSIF NECESSARY;AUTHORIZING THE EXPENDITUREOFFUNDING; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; ANDPROVIDINGANDEFFECTIVEDATE. WHEREAS, The PecanCreek4 PH3 & 4 Drainage Project, located along Bernard Street, West Sycamore Street,WestMulberry Street, and Stroud Street and between Carroll Blvd. and Elm Streetincludesapproximately2,700 linear feetof reinforced concretebox, 2,300 linear feet of waterlinerelocationandlowering, 1,700linear feet of sanitarysewerline relocation and adjustment,and pavementrepair (PecanCreek 4 PH3 & 4 Drainage Project) located in the City andCounty of Denton, all for the public safety andwelfare (collectively, The “Project”); and WHEREAS, the City Council of the City of Denton (“City Council”) after consideration of this matter, hasdetermined that apublic useand necessity exists for, and that the public welfare andconveniencerequires,the acquisition of the Property Interests,comprisedof a various (i) permanentdrainage easementsand(ii) temporaryconstructioneasements,by the City of Denton (“City”). TheCity Councilfindsthat theacquisitionof thePropertyInterestsisavalid public use necessaryto provide for the permanentdrainageimprovement for the drainageimprovement, waterlinerelocation andlowering, sanitary sewerline relocation and adjustmentandpavement repair, to servethe public andthe citizens of the City; and WHEREAS, the acquisition of the Property Interests identified in Exhibit “A” is necessary in furtheranceof theProject;and WHEREAS, the City is required to make an initial offer asdefined by, and in compliance with, Texas Property Code§21.0111 (“Initial Offer”), and a bona fide offer asdefined by, and in compliancewith, Texas Property Code §21.0113(“Final Offer“) to acquire the Property Interests for public use, voluntarily, from the subjectlandownersbeforebeginning the acquisition of the Property Interests by eminent domain; and WHEREAS, independentprofessional appraisal reports of the Property Interests will be submittedto the City asrequired by Chapter 21 of the TexasProperty Code,andthe City Manager or their designeewill establisha certain amount determinedto be just compensationfor the individual Property Interestsbasedon the appraisalsand fair market values of the Property Interests and any applicable fees necessary to acquire the Property Interests; and WHEREAS, theCity Council deemsit necessaryto authorizetheCity Attorney to initiate condemnationproceedings in order to acquire the Property Interests if an agreementcannot be reachedwith the subjectlandownersfor the purchaseof the PropertyInterests;NOW, THEREFORE, THECOUNCILOFTHE CITY OFDENTON ORDAINS: SECTION 1. The City Council finds that the recitals madein the preambleof this Ordinancearetrue andcorrectandincorporatessuchrecitalsinto the bodyof this ordinanceasif copied in their entirety. SECTION 2. The City Council authorizes acquisition of the Property Interests,as more particularly describedin the attachedExhibit “A,” for the reasonsand purposesset forth above togetherwith all necessaryappurtenances,additions,and improvementson, over, under, and through theProperty Interests. SECTION 3.TheCity Council authorizesthe City Attorney, or designee,to negotiate for andto acquirethe requiredproperty rights in the PropertyInterestsfor the City, and to acquire theserightsin compliancewith Stateandanyotherapplicablelaw. TheCity Attorney,or designee, is specifically authorizedanddirectedto do eachandevery act necessaryto acquirethe needed propertyrights in the PropertyInterestsincluding, but not limited to, the authority to negotiate, give notices,makewritten offers to purchase,preparecontracts andconveyancedocuments,to retain anddesignateaqualified appraiserof the Property Intereststo beacquiredand any other experts or consultants that he deems necessary for the acquisition process, to retain qualified outsidelitigation counselasneeded,and, if necessary,to institute and conductall parts of the proceedingsin eminentdomainin accordancewith thelaws andproceduresof theState. SECTION 4. The City Manager, or their designee,is appointed as negotiator for the acquisitionof the neededPropertyInterestsand, assuch,the City Manager,or their designee,is authorized and directed to do each and every act and deed specified or authorized by this Ordinance,subject to the availability of funds appropriated by the City Council for such purpose. The City Manager,or their designee,is specifically authorizedto establishandmakeoffer(s) of just compensationfor theacquisitionof the Property Intereststo the respectivelandowner(s) in accordancewith State and any other applicable law. If an agreement as to damages or compensationcannot be reached,then the City Attorney, or their designee,is authorized and directedto file or causeto be filed, against the subject landowner(s) and interestedparties of the PropertyInterests,proceedingsin eminent domain to acquire the Property Interests. SECTION 5. It is the intent of the City Council that this Ordinanceauthorizethe City ManagerandCity Attorney,ortheir designee,to performall stepsnecessarytoobtainthe Property Interestsnecessaryfor the Project, whether through negotiation or condemnation, including the expenditureof funds. SECTION6. It is the intent of the City Council that this Ordinanceauthorize the acquisition andcondemnationof all property interestsrequired for the construction and installation of theProjectfor public usesto servethepublic and citizens of the City. If it is determinedthat thereare scrivenererrors in the descriptions containedherein or if later surveyscontain more accuraterevised descriptions,the City Attorney or their designeeis authorizedto have such errors correctedor revisionsmade without the necessityof obtaining a new City Council Ordinance authorizing condemnationof the corrected or revised property. The Project is generally located along Bernard Street, West SycamoreStreet, West Mulberry Street, and Stroud Street and between Carroll Blvd. and Elm Streetall in the City and County of Denton, Texas. SECTION 7. In the eventthat SpecialCommissioners,appointedby the Court during condemnation proceedings, return anaward that is the sameamount or lessthan the amount offered by the City for just compensation,the City Attorney is hereby authorized to settlethe lawsuit for that amount. SECTION8. Following anawardby SpecialCommissioners,the City FinanceDirector is hereby authorized to issue acheckfrom the appropriate fund in anamount not to exceedthe Special Commissioners’ award payable to the County Clerk of Denton County to be deposited in the registryof the Court to enablethe City to take possessionof the respectiveProperty Interest(s) without furtheractionof the City Council. SECTION 9. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances,is held invalid or unconstitutionalby acourt of competentjurisdiction, suchholding shall not affectthe validity of the remaining portions of this ordinance;the City Council declaresthat it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION10.This Ordinanceshall becomeeffectiveimmediatelyuponits passage. [Signaturesto appearon thefollowing page.] The motion to approve this ordinance was made by JoeHolland and seconded by Brian Beck , the ordinance was passed and approved by thefollowingvoteU- J : Aye X Nay Abstain Absent GerardHudspeth, Mayor: VickiByrd,District1: BrianBeck,District2: PaulMeltzer.District3: JoeHolland.District4: Brandon ChaseMcGee, At Large Place5: Jill Jester,At Large Place6: X X X X X X PASSEDAND APPROVED thisthe 18th day of February , 2025. GERARDHUDSPETH,MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY L\\tI111111// APPROVEDAS TO LEGAL FORM: MACK REINWAND,CITY ATTORNEY Parcels Property Owners 1, 2, 3 ERIC HELLAND AND PAMELA HELLAND 4, 5 LARRY D. McGEHEE & KIMBERLY A. McGEHEE 6, 7 LESLIE HILL PALPANT 8, 9 GREGORY C. FOWLER LUANN AWTREY 10, 60 STOIC INVESTMENTS PROPERTY 1, LLC 11, 12 KEVIN RODEN & EMILY RODEN 14, 16 TAMERA LYNN TERRELL 15, 18, 19 DANIEL K. PEUGH LLC 21, 22, 23, 24 CDI SYCAMORE, LLC 29 CARISSA FALCON ACKER 31 DBC INVESTMENTS, LTD. 32 RICHARD B & MARY SALE 33 G.E. & ELOISE STOCKARD 34, 35 MULBERRY NEIGHBORINO LLC 36, 38 DALE IRWIN 39 F&S INVESTMENTS, L.P. 40 DALE IRWIN & CRAIG C. IRWIN 42 ALLYWAY REAL ESTATE, LTD. 43, 44 NANCY SORRELLS 45, 46, 48 UNITY CBM, LLC – 209, PROTECTED SERIES 47 BRAD DAVIS 49 BERDY TJANDRAMULIA 50, 53 THE STATE OF TEXAS, FOR THE USE AND BENEFIT OF NORTH TEXAS STATE UNIVERSITY AT DENTON, TEXAS 51, 52 MSGS-C, LTD. 54 AMERICAN NATIONAL BANK 57 FATH INVESTMENTS INC 58, 62 SHARON KAY LONG 59 DIEGO ANDREA SILVA (Exhibit "A") Page 1 of 2 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 EXHIBIT "A" PERMANENT EASEMENT PEC-4 DRAINAGE IMPROVEMENTS PHASE 3 PARCEL NO. 6 OWNER: LESLIE HILL PALPANT WILLIAM LOVING SURVEY, ABSTRACT NO. 759 CITY OF DENTON, DENTON COUNTY, TEXAS Being a 0.015-acre (674-square-foot) tract of land situated in the William Loving Survey, Abstract No. 759, City of Denton, Denton County, Texas, and being part of Lot 2C, Block 26 of the Replat of the Original Town of Denton, recorded in Cabinet E, Slide 95 of the Plat Records of Denton County, Texas, said 0.015-acre (674-square-foot) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod (controlling monument) found for the northwest corner of a called 0.117-acre tract of land conveyed to Larry D. McGehee and Kimberly A. McGehee, recorded in Volume 3072, Page 417 of the Deed Records of Denton County, Texas, and the northeast corner of Lot 4, Block 1 of Myers Addition, an addition to the City of Denton, recorded in Volume 75, Page 128 of said Plat Records of Denton County, Texas, said 5/8-inch iron rod being in the south line of Stroud Street, a public right-of-way, from which a 5/8-inch iron rod (controlling monument) found for the southwest corner of said called 0.117-acre tract of land, the southeast corner of said Lot 4 of Myers Addition, the northwest corner of a called 0.964-acre tract of land conveyed to Eric Helland and Pamela Helland, recorded in Instrument No. 2007-59362 of the Official Public Records of Denton County, Texas, and the northeast corner of a public alley, bears South 00 degrees 09 minutes 02 seconds East, a distance of 134.30 feet; THENCE North 89 degrees 55 minutes 40 seconds East, with the north line of said called 0.117- acre tract of land and the south line of said Stroud Street, passing at a distance of 29.93 feet a calculated point for the northeast corner of said called 0.117-acre tract of land, the northwest corner of said Lot 2C, and the northwest corner of a drainage easement, recorded in Volume 266, Page 576 of the Deed Records of Denton County, Texas, continuing with the north line of said Lot 2C, the north line of said drainage easement, and the south line of said Stroud Street, in all, for a total distance of 49.93 feet to the northeast corner of said drainage easement and the POINT OF BEGINNING; THENCE North 89 degrees 55 minutes 40 seconds East, with the north line of said Lot 2C and the south line of said Stroud Street, a distance of 5.36 feet to a calculated point for the beginning of a curve to the right having a radius of 215.03 feet, a delta angle of 16 degrees 43 minutes 37 seconds, and whose chord bears South 09 degrees 26 minutes 17 seconds East, a chord distance of 62.55 feet; THENCE with said curve to the right, over and across said Lot 2C, for an arc distance of 62.78 feet to a calculated point for corner; THENCE South 01 degrees 04 minutes 29 seconds East, over and across said Lot 2C, a distance of 57.21 feet to a calculated point for corner in the east line of said drainage easement; (Exhibit "A") Page 2 of 2 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 THENCE North 07 degrees 59 minutes 24 seconds West, over and across said Lot 2C and with the east line of said drainage easement, a distance of 120.07 feet to the POINT OF BEGINNING, and containing 674 square feet or 0.015 acres of land, more or less. Notes: 1.) A Plat of same date herewith accompanies this legal description. 2.) All bearings and coordinates are referenced to the Texas State Plane Coordinate System, NAD-83(2011), North Central Zone (4202). All distances and areas shown are surface. I, Richard Kennedy, Registered Professional Land Surveyor No. 5527, licensed in the State of Texas, do hereby certify that this legal description is true and correct and was produced from an actual on-the-ground survey under my direct supervision. September 24, 2024 ____________________________ Richard Kennedy Registered Professional Land Surveyor No. 5527 Gorrondona and Associates, Inc. Texas Firm No. 10106900 1341 West Mockingbird Lane, Suite 620W Dallas, Texas 75247 (Exhibit "A") Page 1 of 3 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT PEC-4 DRAINAGE IMPROVEMENTS PHASE 4 PARCEL NO. 45 OWNER: UNITY CBM, LLC – 209, PROTECTED SERIES M.E.P. & P.R.R. Co. SURVEY, ABSTRACT No. 925 CITY OF DENTON, DENTON COUNTY, TEXAS Being a 0.045-acre (1,974-square-foot) tract of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 925, City of Denton, Denton County, Texas, and being part of a called 0.633-acre tract of land conveyed to Unity CBM, LLC – 209, Protected Series, recorded in Instrument No. 2023-136462 of the Official Public Records of Denton County, Texas, said 0.045-acre (1,974- square-foot) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch square iron pipe (controlling monument) found for the most easterly southeast corner of said called 0.633-acre tract of land, said 1/2-inch square iron pipe also being in the west line of a called 0.298-acre tract of land conveyed to Nancy Sorrells, recorded in Instrument No. 2024-36341 of said Official Public Records of Denton County, Texas, from which a 3-inch pipe (controlling monument) found for the most southerly southeast corner of said called 0.633-acre tract bears South 82 degrees 24 minutes 41 seconds West, a distance of 90.88 feet; THENCE North 00 degrees 16 minutes 50 seconds West, with the east line of said called 0.633- acre tract of land and the west line of said called 0.298-acre tract of land, a distance of 106.35 feet to a calculated point for the POINT OF BEGINNING; THENCE over and across said 0.633-acre tract of land the following five (5) bearings and distances: South 70 degrees 11 minutes 02 seconds West, a distance of 19.01 feet to a calculated point for corner; South 56 degrees 33 minutes 31 seconds West, a distance of 86.42 feet to a calculated point for corner; North 01 degrees 38 minutes 31 seconds East, a distance of 52.75 feet to a calculated point for corner; North 56 degrees 33 minutes 31 seconds East, a distance of 16.71 feet to a calculated point for corner; North 00 degrees 00 minutes 00 seconds West, a distance of 6.19 feet to a calculated point for corner in the north line of said called 0.633-acre tract of land and the south line of West Mulberry Street, a public right-of-way, from which a 5/8-inch iron rod found for reference in the north line of said called 0.633-acre tract of land and the south line of said West Mulberry Street bears North 89 degrees 51 minutes 05 seconds West, a distance of 14.49 feet; (Exhibit "A") Page 2 of 3 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 THENCE North 89 degrees 54 minutes 35 seconds East, with the north line of said called 0.633- acre tract of land and the south line of said West Mulberry Street, a distance of 13.04 feet to a calculated point for the northwest corner of a proposed permanent easement; THENCE over and across said 0.633-acre tract of land and contiguous with said proposed permanent easement, the following five (5) bearings and distances: South 00 degrees 00 minutes 02 seconds West, a distance of 8.38 feet to a calculated point for corner; South 56 degrees 33 minutes 31 seconds West, a distance of 21.72 feet to a calculated point for corner; South 01 degrees 38 minutes 31 seconds West, a distance of 30.75 feet to a calculated point for the southwest corner of said proposed permanent easement; North 56 degrees 33 minutes 31 seconds East, a distance of 52.93 feet to a calculated point for the southeast corner of said proposed permanent easement; North 00 degrees 00 minutes 02 seconds East, a distance of 21.96 feet to a calculated point in the north line of said called 0.633-acre tract of land and the south line of said West Mulberry Street, said calculated being the northeast corner of said proposed permanent easement; THENCE North 89 degrees 54 minutes 02 seconds East, with the north line of said called 0.633- acre tract of land and the south line of said West Mulberry Street, a distance of 36.26 feet to a calculated point for the northeast corner of said called 0.633-acre tract of land and the northwest corner of said called 0.298-acre tract of land; THENCE South 00 degrees 16 minutes 50 seconds East, with the east line of said called 0.633- acre tract of land and the west line of said called 0.298-acre tract of land, a distance of 14.19 feet to the POINT OF BEGINNING, and containing 1,974 square feet or 0.045 acres of land, more or less. (Exhibit "A") Page 3 of 3 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 Notes: 1.) A Plat of same date herewith accompanies this legal description. 2.) All bearings and coordinates are referenced to the Texas State Plane Coordinate System, NAD-83(2011), North Central Zone (4202). All distances and areas shown are surface. I, Richard Kennedy, Registered Professional Land Surveyor No. 5527, licensed in the State of Texas, do hereby certify that this legal description is true and correct and was produced from an actual on-the-ground survey under my direct supervision. September 6, 2024 ____________________________ Richard Kennedy Registered Professional Land Surveyor No. 5527 Gorrondona and Associates, Inc. Texas Firm No. 10106900 1341 West Mockingbird Lane, Suite 620W Dallas, Texas 75247 (Exhibit "A") Page 1 of 2 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 EXHIBIT "A" PERMANENT EASEMENT PEC-4 DRAINAGE IMPROVEMENTS PHASE 4 PARCEL NO. 46 OWNER: UNITY CBM, LLC – 209, PROTECTED SERIES M.E.P. & P.R.R. Co. SURVEY, ABSTRACT No. 925 CITY OF DENTON, DENTON COUNTY, TEXAS Being a 0.030-acre (1,321-square-foot) tract of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 925, City of Denton, Denton County, Texas, and being part of a called 0.633-acre tract of land conveyed to Unity CBM, LLC – 209, Protected Series, recorded in Instrument No. 2023-136462 of the Official Public Records of Denton County, Texas, said 0.030-acre (1,321- square-foot) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch square iron pipe (controlling monument) found for the most easterly southeast corner of said called 0.633-acre tract of land, said 1/2-inch square iron pipe being in the west line of a called 0.298-acre tract of land conveyed to Nancy Sorrells, recorded in Instrument No. 2024-36341 of said Official Public Records of Denton County, Texas, from which a 3-inch pipe (controlling monument) found for the most southerly southeast corner of said called 0.633-acre tract bears South 82 degrees 24 minutes 41 seconds West, a distance of 90.88 feet; THENCE North 00 degrees 16 minutes 50 seconds West, with the east line of said called 0.633- acre tract of land and the west line of said called 0.298-acre tract of land, a distance of 120.53 feet to a calculated point for the northeast corner of said called 0.633-acre tract of land and the northwest corner of said called 0.298-acre tract of land, said calculated point being in the south line of West Mulberry Street; THENCE South 89 degrees 54 minutes 02 seconds West, with the north line of said called 0.633- acre tract of land and the south line of said West Mulberry Street, a distance of 36.26 feet to a calculated point for the POINT OF BEGINNING; THENCE over and across said 0.633-acre tract of land the following five (5) bearings and distances: South 00 degrees 00 minutes 02 seconds West, a distance of 21.96 feet to a calculated point for corner; South 56 degrees 33 minutes 31 seconds West, a distance of 52.93 feet to a calculated point for corner; North 01 degrees 38 minutes 31 seconds East, a distance of 30.75 feet to a calculated point for corner; North 56 degrees 33 minutes 31 seconds East, a distance of 21.72 feet to a calculated point for corner; (Exhibit "A") Page 2 of 2 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 North 00 degrees 00 minutes 02 seconds East, a distance of 8.38 feet to a calculated point for corner in the north line of said called 0.633-acre tract of land and the south line of said West Mulberry Street, from which a 5/8-inch iron rod found for reference in the north line of said called 0.633-acre tract of land and the south line of said West Mulberry Street, bears North 89 degrees 57 minutes 53 seconds West, a distance of 27.53 feet; THENCE North 89 degrees 54 minutes 33 seconds East, with the north line of said called 0.633- acre tract of land and the south line of said West Mulberry Street, a distance of 25.16 feet to the POINT OF BEGINNING, and containing 1,321 square feet or 0.030 acres of land, more or less. Notes: 1.) A Plat of same date herewith accompanies this legal description. 2.) All bearings and coordinates are referenced to the Texas State Plane Coordinate System, NAD-83(2011), North Central Zone (4202). All distances and areas shown are surface. I, Richard Kennedy, Registered Professional Land Surveyor No. 5527, licensed in the State of Texas, do hereby certify that this legal description is true and correct and was produced from an actual on-the-ground survey under my direct supervision. September 5, 2024 ____________________________ Richard Kennedy Registered Professional Land Surveyor No. 5527 Gorrondona and Associates, Inc. Texas Firm No. 10106900 1341 West Mockingbird Lane, Suite 620W Dallas, Texas 75247 (Exhibit "A") Page 1 of 2 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 EXHIBIT "A" TEMPORARY EASEMENT PEC-4 DRAINAGE IMPROVEMENTS PHASE 4 PARCEL NO. 62 OWNER: SHARON KAY LONG WILLIAM LOVING SURVEY, ABSTRACT NO. 759 CITY OF DENTON, DENTON COUNTY, TEXAS Being a 0.002-acre (91-square-foot) tract of land situated in the William Loving Survey, Abstract No. 759, City of Denton, Denton County, Texas, and being a portion of Lot 9, Block 1 of Stroud Addition, an addition to the City of Denton as recorded in Volume 80, Page 395 of the Plat Records of Denton County, Texas, said Lot 9 being conveyed to Sharon Kay Maloney (Sharon Long) as recorded in Instrument No. 1996-12589 of the Official Public Records of Denton County, Texas, said 0.002-acre (91-square-foot) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod (controlling monument) found for northeast corner of Lot 7, Block 1 of said Stroud Addition, and the northwest corner of Lot 6, Block 1 of said Stroud Addition, said 1/2-inch iron rod being on south line of W. Sycamore Street, a public right-of-way, from which a 3/8-inch iron rod (controlling monument) found for the northeast corner of Lot 5, Block 1 of said Stoud addition, bears South 89 degrees 48 minutes 57 seconds East, a distance of 100.00 feet; THENCE North 89 degrees 48 minutes 57 seconds West, with the north line of said Stroud Addition and the south line of said W. Sycamore Street, a distance of 138.61 feet to a calculated point in the north line of said Lot 9 for the POINT OF BEGINNING; THENCE South 00 degrees 00 minutes 24 seconds West, over and across said Lot 9, a distance of 7.93 feet to a calculated point for corner; THENCE South 89 degrees 51 minutes 53 seconds West, over and across said Lot 9, a distance of 11.41 feet to a calculated point for corner in the west line of said Lot 9 and the east line of Lot 10, Block 1 of said Stroud Addition. THENCE North 00 degrees 11 minutes 03 seconds East, with the west line of said Lot 9 and the east line of said Lot 10, a distance of 8.00 feet to a calculated point for the northwest corner of said Lot 9 and the northeast corner of said Lot 10, said calculated point being in the south line of said W. Sycamore Street; THENCE South 89 degrees 48 minutes 57 seconds East, with the north line of said Lot 9 and the south line of said W. Sycamore Street, a distance of 11.39 feet to the POINT OF BEGINNING, and containing 91 square feet or 0.002 acres of land, more or less. (Exhibit "A") Page 2 of 2 GORRONDONA & ASSOCIATES, INC. 1341 WEST MOCKINGBIRD LANE, SUITE 620W, DALLAS, TX 75247 214-712-0600 FAX 214-712-0604 Notes: 1.) A Plat of same date herewith accompanies this legal description. 2.) All bearings and coordinates are referenced to the Texas State Plane Coordinate System, NAD-83(2011), North Central Zone (4202). All distances and areas shown are surface. I, Richard Kennedy, Registered Professional Land Surveyor No. 5527, licensed in the State of Texas, do hereby certify that this legal description is true and correct and was produced from an actual on-the-ground survey under my direct supervision. November 11, 2024 ____________________________ Richard Kennedy Registered Professional Land Surveyor No. 5527 Gorrondona and Associates, Inc. Texas Firm No. 10106900 1341 West Mockingbird Lane, Suite 620W Dallas, Texas 75247