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HomeMy WebLinkAbout2009-289ORDINANCE NO. 2009- z�g AN ORDINANCE FINDING THAT A NECESSITY EXISTS TO ACQUIRE FEE SIMPLE TITLE TO TRACTS, DRAINAGE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AND AUTHORIZING THE ACQUISITION THEREOF THROUGH AGREEMENT OR BY EMINENT DOMAIN ON VARIOUS HEREINAFTER DESCRIBED PARCELS OF REAL PROPERTY FOR DRAINAGE ENHANCEMENTS RELATED TO THE "EAGLE DRIVE DRAINAGE IMPROVEMENTS PROJECT — PHASE I"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest. and the use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public necessity exists, and that the public welfare and convenience require, and the City of Denton, Texas does hereby exercise its home - rule and statutory authority to acquire by agreement or through eminent domain, the fee simple estate of tracts described in Attachment "1" and permanent drainage easements and temporary construction easements, over, under, and across the subject tracts described in Attachment "2", attached hereto and made a part hereof by reference (hereinafter collectively described as the "Tracts"). The project is referred to as the "Eagle Drive Drainage Improvements Project — Phase I". The City Council hereby finds and determines that the acquisition of the Tracts through agreement or eminent domain is for a public purpose to provide drainage facilities, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Attorney, or her designee, shall have the authority to do all things necessary and appropriate to acquire the Tracts through agreement or BY eminent domain. The City Council delegates to the City Attorney, or her designee, the details of accomplishing this objective including, but not limited to, obtaining final surveys, title insurance, engineering matters, title search, formulating and presenting offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. 4 PASSED AND APPROVED this the ML day of 32009. ATTESTED: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By:' / ,f Page 2 Ordinance Attachment "1" Sheet 1 of 1 ALL those certain lots, tracts or parcels of land lying and being situated in the William Loving Survey, Abstract Number 759, City and County of Denton, State of Texas, and being all of those tracts conveyed from James E. Hargadon to Odis Fuller, Jr. by warranty deed recorded in Volume 1095, Page 13 of the Deed Records of Denton County, Texas, and being more particularly described as follows: TRACT ONE: All that certain 0.377 acre tract, or parcel of land situated in the City of Menton, Denton County, Texas; said tract being the same tract as shown by deed to James B. Hargadon recorded in Volume 659, page 421,,of the Deed Records of Denton County, Texas, and being part of Lot 1, Block D, of the Blount Addition'to the City of Denton, Texas, a's shown by the plat recorded in the Plat Records of Denton County, Texas,,and being more particularly described as follows: BEGINNING for the Northeast corner of the herein described tract at the Northeast corner of said Lot 1, Block D, Blount Addition, -an "X" cut in concrete; THENCE South 00° 10' 20" East a distance of 100.0 :L"eet.to the Southeast corner of'said Lot 1, an iron pin found; 'THENCE SoutV.89° 17'•West with the South line of said lot a distance of 164.2 feet to an "XII found in a concrete lined drainage channel-, being the Southeast corner of the Community Natural Gas Company Tract; THENCE North with the East line of said Gas Company Tract, 100.0 feet to a"point for corner in the North line of said Lot 1; THENCE North 89° 16' 30" East 163.9 feet to the Point of Beginning. TRACT TWO. - All that certain 0.049 acre tract, or parcel, of IAnd situated in the W, Loving Survey, A-759, Denton County, Texas, said tract being part of a tract ,sllown by deed to James C. EEargadon and recorded in Volume 659, sago 423, of the Dood Records of Denton County, Texas, Rnd being moro particularly described as follows: .',BE:GINNING for the Northeast corner of the tract being described herein at an'iron pin found at the Northeast corner of said flargadon tract; T-HENU South 69.5 feet to an iron pin found at the Southeast cornier of sold 11argadon tract; THENCE South 990 17' West with the North edge of a concrete wall 31.0 feet to an "X" cut in concrete; THENCE North 09.5 feet to an iron pin set in the ground on the North line of said hargaden's tract; TEfENCC North 89° 16' 30" East 31.0 feet to Point of Beginningo EXHIBIT A LEGAL DESCRIPTION DRAINAGE EASEMENT BEING A 0.199 ACRE DRAINAGE EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO.759, DENTON COUNTY, TEXAS AND BEING A PORTION OF LOT 5, BLOCK D, OF THE BLOUNT ADDITION IN THE CITY OF DENTON ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO THE ESTATE OF TOMMY K. HUBBELL AS RECORDED IN DOCUMENT NUMBER 2005-130960 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.199 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an "X" cut found for the southwest comer of said Hubbell (Document No.2005-130960) tract, lying in the north line of Lot 1, Block A, of the Final Plat of Itlen Addition, an addition to the City of Denton, recorded in Cabinet H, Page 188 of the Plat Records of Denton County, Texas, and lying in the east right-of-way line of Elm Street, a variable width right-of-way, from which a 1/2 inch iron rod found bears North 89' 00' 25" West a distance of 16.47 feet, being the northwest comer of said Lot 1; THENCE N 000 53' 23" E, along the west line of said Hubbell tract (Document No. 2005-130960) tract, the east line of said Elm Street a distance of 38.58 feet, to a point for comer; THENCE N 83° 58' 29" E, over and across said Hubbell tract (Document No. 2005-130960), a distance of 77.60 feet, to a point for corner also being the beginning of a curve to the left having a radius of 54.00 feet, a central angle of 82' 17' 22"and a chord which bears N 42' 49' 48" E, a chord distance of 71.06 feet; THENCE along said curve to the left an arc length of 77.56 feet to a point for corner; THENCE N 010 41' 07" E, a distance of 0.89 feet, to a point lying in the north line of said Hubbell tract (Document No. 2005-130959), and the south line of that certain tract of land described in deed to Tommy K. Hubbell as recorded in Document No. 2005-130959 of the Real Property Records of Denton County, Texas; THENCE S 890 52' 52" E, along the common line of said Hubbell tracts a distance of 25.50 feet, for the northeast comer hereof, also being the northeast corner of said Hubbell tract (Document No. 2005-130960) and the southeast comer of said Hubbell tract (Document No. 2005-130959), lying in the west line of that certain tract of land described in deed to G.E. Adami as recorded on Volume 1096, Page 61 of the Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found bears N 00' 5 V 10" E, a distance of 71.23 feet, being the northeast comer of said Hubbell tract (Document No. 2005-130959); THENCE S 00° 51' 10" W, along the east line of said Hubbell tracts, the west line of a said Adami tract, passing at a distance of 4.44 feet, a 1/2 inch iron rod found being the common east corner for Lots 4 and 5 of said Blount Addition, continuing in all a total distance of 100.00 feet, to a point for the southeast corner hereof, THENCE N 890 52' 52" W, along the north line of said Lot 1, the south line of said Hubbell tract, a distance of 150.12 feet, to the POINT OF BEGINNING, and containing 0.199 acres of land more or less. Adam Whitfield Registered Professional Land Surveyor Texas Registration Number 5786 It - 11-y5 Date: November 11, 2009 EXHIBIT "B" SCALE 1 " = 30' O NOTES: 1/2- IRF¢------------------------------r--- DEED CALLS ALONG BLDG WALL 1/2" IRF i i I� N 895r33" W - 150.02' i LOT 4 BLOCK D I ^ o 9 BLOUNT ADDITION m <Z na 17 i « 'Do o U i THE ESTATE OF Ir, TOMMY K. HUBBELL i `�Z:> DOC NO. 2005-130959 1 u ' R.P.R.D.C.T. o Z v' w0 , DEED LINE [ EAST - 150.0'] I " ' S89.52 52 E r t] N ¢ 4.65' _ _ _ _ N01Q-410 E _25.55.0.' g __-----------------_--_ ORIGINAL PLATTED LOT LINE [WEST - 150.0'] .. :44! - /2- IRF v Z D v l R 54.002" LOT 5 BLOCK D BLOUNT ADDITION L=77.56 :.:.:.:.:.:.:.:.:.:.:.:.: THE ESTATE OF CB=N42'49'48"E I,. TOMMY K. HUBBELL CH=71.06 ......... o0 U) ' DOC NO. 2005-130960 o i R.P.R.D.C.T. i '.'.'.'.'.'.'.'.'.'.'.'.'.-.'.'.'.'.'.'.'..._ 3 77.60'......... - N 83 58'29" E - 0,199. Gho'ss•-Ao:............'. :.:...:.:.......:...'. ..:.....:.....:...:.:...:.......:...:.....:.........:.....:.....0.A6l):- P.r-escr.iptive..G.ross..-AC.*-'. / �n 0 ..........'.......'.......=...... =............. -.... -. - ... / o .......................... .........................' .......................:..... ............................................................ c�........'...'.'.'......_._.'..'.'...'.'..'.'.'.'.'.'....'.'. / ...ii j / / Exisiting' / 0. 0 Ac. / �.... j A channe A z / . / N 89 52 52 W — 150.12 • POINT LOT 1, BLOCK A ITLEN ADDITION BEGINNING CAB. H, PG. 188 P.R.D.C.T. 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). Adam Whiff leld, R.P.L.S. Il-II-US Date: November 11, 2009 0.199 ACRE DRAINAGE EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas JOB NO. DEN 08293 soli w Ntokery etraet Ia/te too Denton Texas 76801 puss:(04018Is-4177 •/ai:(0401888-0090 R�eponMrle 8ervlDu Re�ibN R�ult� /NC. uvwww p-ONa>fel.r cm SHEET 2 OF 2 LEGAL DESCRIPTION 0.146 TEMPORARY CONSTRUCTION EASEMENT BEING A 0.146 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO.759 IN DENTON COUNTY, TEXAS AND BEING A PORTION OF LOT 5, AND LOT 4, BLOCK D, OF THE BLOUNT ADDITION IN THE CITY OF DENTON. ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO THE ESTATE OF TOMMY K. HUBBELL AS RECORDED IN DOCUMENT NUMBER 2005-130960 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.146 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at an "X" cut found for the southwest corner of said Hubbell tract and lying in the north line of Lot 1, Block A, of the Final Plat of Itlen Addition, an addition to the City of Denton recorded in Cabinet H, Page 188 of the Plat Records of Denton County, Texas also lying in the east right-of-way line of Elm St., a variable width right-of-way from which a 1/2 inch iron rod found bears North 89' 00' 25" West a distance of 16.47 feet, being the northwest corner of said Lot 1; THENCE N 000 53' 23" E, along the west line of said Hubbell tract, the east line of said Elm Street a distance of 3 8.5 8 feet, to a point for the POINT OF BEGINNING of the herein described tract; THENCE N 00° 53' 23" E, along the west line of said Hubbell and the east line of said Elm street a distance of 61.42 feet, to a point for the northwest comer hereof also being the southwest corner of that certain tract of land described in deed to The Estate of Tommy K. Hubbell as recorded in Document number 2005-130959 of said Real Property Records; THENCE S 89' 52' 52" E, along the common line of both Hubbell tracts a distance of 124.56 feet, to a point for the northeast corner hereof, THENCE S 01' 4F 07" W, leaving said common line over and across said Hubbell tract recorded in Document 2005-130960, a distance of 0.89 feet, to a point for corner also being the beginning of a curve to the right having a radius of 54.00 feet, a central angle of 82' 17' 22"and a chord which bears S 42' 49' 48" W, a chord distance of 71.06 feet; THENCE along said curve to the right an arc length of 77.56 feet, to a point for corner; THENCE S 83° 58' 29" W, over and across said Hubbell tract recorded in Document 2005-130960, a distance of 77.60 feet, to the POINT OF BEGINNING, and containing 0.146 acres of land more or less. 00 Adam Whitfiel Registered Professional Land Surveyor Texas Registration Number 5786 1(3 - ZC)- Uq Date: October 20, 2009 ago 0 vm L Cn SCALE 1 " = 30' NOTES: 1/2" IRF EXHIBIT "B" 1/2- IRFI------------------------------r---� DEED CALLS ALONG BLDG WALL N 89'5733* W — 125.557 1 I 1 I 1 1 I LOT 4 BLOCK D I 1 BLOUNT ADDITION ow �- ' THE ESTATE OF^i It � 1p TOMMY K. HUBBELL r'! Ui DOC NO. 2005-130959 o � 0 R.P.R.D.C.T. 1 z 1 lO 0 0 I 1 I v I S01'41'07"W C4 N z ' 4.65' 0.89 1 cn 1 DEED LINE w w F [ EAST — 150.0'] 1 25.50' oN o S89'52 52 E — 124.56.'....'.'.:....'....:.....'.':.'.'. ----- :'•� "Tr ORIGINAL PLATTED LOT UNE' ""' ~"" . T ,.. •.,• a g .'.".'.'.'.... [WEST — 150.0'] w N':.'.'.':.".'.'.'.'.'.'.'.'.'.'.'.'.'.'.".'.'.':.'..":.'.'.'.'.'.".'.'.'.':..'.'.'...'.'.'.'.'.'.'.'."..'.'."::.'.'.'.'.'.'.'.':.'.'.':.' 1 .. Z z v ................:...:......... . ................. D=82' 17'22" v r — <D................................................ L=77.56 .'.'...'.'.'.'.':.'.•.•.':.....'....'.'..::.'.....'..:.'..:'.. CB=S42' 49'48"W aM_ 'w .. S:............„......................'..................... ........ ... .....C..H.=..7..1...0..6 N ..... ........... z................ D9.9W77.6 83.58 2.THE ESTATE OF WI POINT OF BEGINNING N I - Ito OIM --- t --------------- Z� ,1� `1• z POINT OF COMMENCING 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). Adam Whitfield, R.P. S. 17- Zy-U9 Date: October 20, 2009 TOMMY K. HUBBELL DOC NO. 2005-130960 R.P.R.D.C.T. LOT 5 BLOCK D BLOUNT ADDITION N 89'52'52' W — 150.12' LOT 1, BLOCK A ITLEN ADDITION CAB. H, PG., 188 P.R.D.C.T. I 1 I 1 I I I I 1 /2- IRF IRF �C p W 0. Lma O w 0 z� �= J O M N Ln 0 0 N 0.146 ACRE TEMPORARY CONSTRUCTION EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas !so MC N/oker7 •troot Suite 100 Don ton Touao 76801 /Ao��:fl40!!!l-4t77•tar:(04,)888-!026 JOB NO. DEN 08293 /iwppM/w SNYIGM. RIWbN RMtI� /NC. SHEET 2 OF 2 EXHIBIT A LEGAL DESCRIPTION DRAINAGE EASEMENT BEING A 0.041 ACRE DRAINAGE EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO.759, DENTON COUNTY, TEXAS AND BEING A PORTION OF LOT 4, BLOCK D, OF THE BLOUNT ADDITION IN THE CITY OF DENTON ALSO BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO THE ESTATE OF TOMMY K. HUBBELL AS RECORDED IN DOCUMENT NUMBER 2005-130959, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.041 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a %Z inch iron rod found for the northeast corner of said Hubbell tract (Document No. 2005-130959) and the southeast corner of that certain tract of land described in deed to Tommy K. Hubbell and Michael W. Cooper as recorded in Volume 2572, Page 26 of the Deed Records of Denton County, Texas, also lying in the west line of that certain tract of land described in deed to G.E. Adami as recorded in Volume 1096, Page 61 of the Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found bears N 00' 52' 36" E, a distance of 49.76 feet, being the northeast corner of said Hubbell and Cooper tract; THENCE S 000 5 P 10" W, along the common line of said Hubbel tract (Document No. 2005-130959) and said Adami tract, a distance of 71.23 feet, for the southeast corner hereof, and lying in the north line of that certain tract of land described in deed to Tommy K. Hubbell as recorded in Document No. 2005-130960 of the Real Property Records of Denton County, Texas, from which a 1/2 inch iron rod found for the common east comer of Lots 4 and 5 of said Blount Addition, bears S 00' 5 F 10" W a distance of 4.44 feet; THENCE N 890 52' 52" W, along the common line of said Hubbell tracts, a distance of 25.50 feet for the southwest corner hereof; THENCE N 010 41' 07" E, over and across said Hubbell tract (Document No. 2005-130959), a distance of 71.22 feet to a point for the northeast corner hereof, lying in the north line of said Hubbell tract (Document No. 2005-130959) and the south line of said Hubbell and Cooper tract, from which a 1/2 inch iron rod found bears N 890 57' 33" W, a distance of 125.55 feet, being the northwest corner of said Hubbell tract Document No. (2005-130959) and the southwest corner of said Hubbell and Cooper tract; THENCE S 890 57' 33" E, along the north line of said Hubbell tract (Document No. 2005-130959), and the south line of said Hubbell and Cooper tract a distance of 24.47 feet, to the POINT OF BEGINNING, and containing 0.041 acres of land more or less. aw, LA t� OFF Adam Whitfield gl�,���sre, ;Sp Registered Professional Land Surveyor Texas Registration Number 5786 ADAIVi WHIT FIELD 5786��'° gaD�s s` UM +o" S Date: November 11, 2009 EXHIBIT "B" TOMMY K. HUBBELL do MICHAEL W. COOPER VOLUME 2572. PAGE 26 D.T.D.C.T. NOO'49'44"E 1/2" IRF .- . DOC. NO. 05-13963 PROBATE ESTATE OF TOMMY HUBBELL 49.89 0o EXISTING p n BUILDING 1/2" IRF 4 u DEED CALLS ALONG BLDG WALL I N 89'5733" W - 125.55' 1 �I I o I LOT 4 BLOCK D I BLOUNT ADDITION N N V1 I I O w F THE ESTATE OF CV w o ;" I TOMMY K. HUBBELL n 0 h % DOC NO. 2005-130959 g R.P.R.D.C.T. vO z z I � I v I DEED LINE [ EAST _ 150.0.1 --------- �. J 3 ---------- 4.65' ORIGINAL PLATTED LOT LINE 0 0 N I [WEST - 150.0.1 r C 3 ; LOT 5 BLOCK D W J I BLOUNT ADDITIONCID / 4- a THE ESTATE OF :3 cr TOMMY K. HUBBELL w v ( DOC NO. 2005-130960 R.P.R.D.C.T. I I qx SCALE 1" = 30, NOTES: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (N Adam Whitfield, R.P.L.S. . ADAM V4HITFlELD `-,.c�, 5786� Date: November 11, 2009 9L1FZ dMiNl�� � � CO1MpIL1D1Nf>< RMportdvr Berv/ow. Re>�bN RNulf&t AffNC. 1/2" IRF S89'57'33"E NDO'52'36'E 49.76 [ `0-00'] /2" IRF .'.'.'.'.'.'.'.'..N POINT OF BEGINNING ........... ..... �.......-� c� Ica > .' O aza� O W �. zX .'.'.'..'.' ....(sje.90s O -----�'1/2" IRF 0.041 ACRE DRAINAGE EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas JOB NO. DEN 08293 :&e W Ntekorp Street &rite 100 Deetoe roxse resoi Fkeee:(@40)&&8-/1rr•F4z:(940)8#8-8@R# WWWJrW-0rMNMA00 n SHEET 2 OF 2 LEGAL DESCRIPTION 0.028 ACRE DRAINAGE EASEMENT BEING A 0.028 ACRE DRAINAGE EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO. 759, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 0.712 ACRE TRACT OF LAND DESCRIBED IN DEED TO TOMMY K. HUBBELL & MICHAEL W. COOPER AS RECORDED IN VOLUME 2572, PAGE 26 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 0.028 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found at the southeast corner of said 0.712 acre tract, the northeast corner of that certain tract of land described in deed to Tommy K. Hubbell as recorded in Document No. 2005-130959 of the Real Property Records of Denton County, Texas and lying in the west line of that certain tract of land described in deed to G.E. Adami, recorded in Volume 1096, Page 61 of the Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found bears South 00' 51' 10" West a distance of 75.68 feet, being the southeast corner of said Hubbell tract also being the southeast corner of Lot 4, Block A, Blount Addition, an addition to the City of Denton, Denton County, Texas; THENCE North 89' 57' 33" West, along the common line of said 0.712 acre tract and Hubbell Tract a distance of 24.47 feet, to a point for the southwest corner hereof, from which a PK Nail found bears North 89' 57' 33" West a distance of 125.55 feet, for the southwest corner of said 0.712 acre tract, and the northwest comer of said Hubbell Tract, also lying in the east line of Elm Street a variable width right-of- way; THENCE North 01 ° 4 F 07" East, over and across said 0.712 acre tract a distance of 49.80 feet, to a point for the northwest corner hereof, lying in the common line of said 0.712 acre tract and that certain tract of land described in deed to David Ray Miller, and Randy Lee Miller as recorded in Document No. 1998- 83500 of the Real Property Records of Denton County, Texas, from which a PK Nail found bears North 89' 54' 34" West a distance of 126.24 feet, being the northwest corner of said 0.712 acre tract, and the southwest comer of said Miller Tract and lying in the east line of said Elm Street; THENCE South 89' 54' 34" East, along the north line of said 0.712 acre tract, the south line of said Miller Tract a distance of 23.74 feet, to a 1/2 inch iron rod found for the northeast corner hereof, also being the southeast corner of said Miller Tract, and lying in the west line of said Adami Tract; THENCE South 00' 5 F 10" West, along the east line of said 0.712 acre tract, and the west line of said Adami Tract a distance of 49.76 feet to the POINT OF BEGINNING and containing 0.028 acres of land more or less. Adam Whitfield " Registered Professional Lan eyor .�p�:aOF'T� �;q Texas` Registration Number 5786 5��0 �FA S 1 O - 2- S ADAM WHITFIELD Date: October 12, 2009 a— r%7RR e891 suIRv'Q EXHIBIT "B" Py Q I to (o Iz I PK NAIL FND co +- 3 r, v I 00 O I L � W +j = M - n z In LU S= Q 7 QA- O CO I I DAVID RAY MILLER do RANDY LEE MILLER DOC NO. 1998-083500 R.P.R.D.C.T. S 895434' E _— 149.98' — — 126.24' — 0.712 ACRE TOMMY K. HUBBELL do MICHAEL W. COOPER VOLUME 2572. PAGE 26 D.T.D.C.T. REF TO DOC NO. 05-13963 PROBATE IN ESTATE OF TOMMY HUBBELL Ortglnal platted Lot Line LOT 4 BLOCK D BLOUNT ADDITION N 89'S7'33* W — 125.55' DEED CALLS ALONG BLDG WALL THE ESTATE OF TOMMY K. HUBBELL DOC N0. 2005-130959 R.P.R.D.C.T. LOT 4 BLOCK D BLOUNT ADDITION 30 15 0 30 SCALE: 1" = 30' NOTES: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). Adam Whitfield, R.FQS. to-t2-09 Date: October 12, 2009 EXISTING BUILDING ' 0 I I z I I I I 1 /2- IRF W ............ • O....'...... .. O Z POINT OF BEGINNING I I �q z po In 0 I I L6 I a I ; Z I I O I p LLi g Iv) O z 0 � UJ W W oa Q Z d G W Q J TCt W V) O W O 0 i Z D W J > O IRF 1 IRF Original platted Lot Llne 0.028 ACRE DRAINAGE EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas JOB NO. DEN 08293 !as nc trtoaorr sate• too Denton To :r*a 7I801 � !�/f�f � Ali rr•••:fa•o)saa-stTT .F•r:(oao)!ai-ao:a l4ewanmh r Swvica RReMabb R @Ldt � w,Nr�� /NC. L•\LDT\DEN08293 Ea4e\cod\wxwy\DENO8293 EX02 HUBBELL—COOPER DE.dwg SHEET 2 OF 2 EXHIBIT A LEGAL DESCRIPTION DRAINAGE EASEMENT BEING A 0.024 ACRE DRAINAGE EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO.759, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO DAVID R. AND RANDY L. MILLER AS RECORDED IN DOCUMENT NO. 1998-83500 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.024 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found being the northeast corner of that certain 0.712 acre tract of land described in deed to Tommy K. Hubbell and Michael W. Cooper recorded in Volume 2572, Page 26 of the Deed Records of Denton County, Texas and lying in the west line of that certain tract of land described in deed to G.E. Adami recorded in Volume 1096, Page 61 of said Deed Records; THENCE North 89' 54' 34" West, along the south line of said Miller tract, the north line of said 0.712 acre tract a distance of 23.71 feet, to a point for the southwest corner hereof, from which a PK Nail found bears North 89' 54' 34" West a distance of 126.24 feet, for the southwest corner of said Miller Tract and the northwest corner of said 0.712 acre tract; THENCE North 010 41' 07" East, over and across said Miller tract (Document No. 1998-83500) a distance of 45.01 feet, to a point for corner lying the north line of said Miller tract (Document No. 1998- 83500) and in the south line of that certain tract of land described in deed to David R. and Randy L. Miller as recorded in Document No. 2005-99709 of the Real Property Records of Denton County, Texas, from which a PK Nail found bears N 89' 54' 49" W a distance of 125.15 feet, for the southwest comer of said Miller tract (Document No. 2005-99709 and lying in the north line of said Miller tract (Document No. 1998-83500) and the east line of Elm Street, a variable width right-of-way; THENCE S 890 54' 49" E, along the common line of said Miller tracts, a distance of 23.08 feet, to a point for the northeast comer hereof, lying in the west line of said Adami tract, from which a 1/2 inch iron rod found, bears N 00" 01' 14" E, a distance of 73.54 feet for the northeast corner of said Miller tract (Document No. 2005-99709); THENCE South 00' 53' 23" West, along the common line between said Miller and Adami tracts a distance of 45.00 feet, to the POINT OF BEGINNING, and containing 0.024 acres of land more or less. azu���� Adam Whitfiel Registered Professional Lan urveyor Texas Registration Number 5786 iI - II - US Date: November 11, 2009 EXHIBIT "B" de <P 30 15 0 30 SCALE: 1" = 30' ,ry .. +' 3 °) o Ocr FRONTIER WATERPROFFING, INC. DOC NO. 2005-34564 R.P.R.D.C.T. SAVE AND EXCEPT INCLUDED [EAST 148.90.1 N89'52'38"E-148.84' o DAVID R. MILLER & RANDY L. MILLER o n DOC NO. 2005-99709 3 I R.P.R.D.C.T. ,—I 3 W w I N s N a O ; z cn v [WEST 148.90'1 DEED LINE N89'54'49"W — 125.15' iO•(r [EAST 150.00') D=41'06'54" R=86.00 L=61.71 CB=N22'14'34"E CH=60.40 / o DAVID RAY MILLER & RANDY LEE MILLER v; DOC NO. 1998-083500 R.P.R.D.C.T. �r 0 Z [WEST 150.00'] PK NAIL FND — — N 89'54'34' W — 126.24' NOTES: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). Adam Whitfield, R.P. OS II -lI- CL5 Date: November 11, 2009 F 25.00' nl I AI 0 z 23.03' •89'54.49"E `.......'... O'.'. ��► ..'.::M p 23:71' ., ; G W w w (7 0 Q aza� 0 w Lj 'O WtnoGE pwC (7 0 z� w J >o 0.712 ACRE N89-54-34"W TOMMY K. HUBBELL do MICHAEL W. COOPER POINT OF VOLUME 2572, PAGE 26 BEGINNING D.R.D.C.T. I Nz--1 0.024 ACRE DRAINAGE EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas !!` wt N/oRorT too w D•wtoTex*@ 7Il01O1 IM/A�■ ltRVf1'OIR: 1aM%srN0••:fo40lao8-41TT•r•x:lo4o)sos-solo AW1D 8ervloa RM�bN RNuKu /wwMt�-onikN coat NC. \LDT\DENO8293 Eagle\ocd\mywy\DEN08293 Ex03 MILLER SOUTH DEaWg JOB NO. DEN 08293 SHEET 2 OF 2 EXHIBIT A LEGAL DESCRIPTION DRAINAGE EASEMENT BEING A 0.024 ACRE DRAINAGE EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO.759, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO DAVID R. AND RANDY L. MILLER AS RECORDED IN DOCUMENT NO.2005-99709 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.024 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found being the northeast corner of that certain 0.712 acre tract of land described in deed to Tommy K. Hubbell and Michael W. Cooper recorded in Volume 2572, Page 26 of the Deed Records of Denton County, Texas and the southeast comer of that certain tract of land described in deed to David R. Miller and Randy L. Miller as recorded in Document No. 1998-083500 of the Real Property Records of Denton County, Texas, and lying in the west line of that certain tract of land described in deed to G.E. Adami recorded in Volume 1096, Page 61 of said Deed Records; THENCE N 000 53' 23" E, along the east line of said Miller tract (Document No. 1998-83500), and the west line of said Adami tract, a distance of 45.00 feet to the POINT OF BEGINNING hereof, and being the southeast corner of said Miller tract (Document No. 2005-99709); THENCE N 890 54' 49" W, along the common line of said Miller tracts, a distance of 23.08 feet, from which a PK Nail found bears N 89' 54' 49" W a distance of 125.15 feet, for the southwest corner of said Miller tract (Document No. 2005-99709, lying in the north line of said Miller tract (Document No. 1998-83500) and lying in the east line of Elm Street, a variable width right-of-way; THENCE N 01 ° 41' 07" E, over and across said Miller tract (Document No. 2005-99709) a distance of 8.29 feet, to a point for comer and the beginning of a curve to the right having a radius of 86.00 feet, a central angle of 410 06' 54", and a chord which bears N 22' 14' 34" E, and a chord distance of 60.40 feet; THENCE along said curve to the right an arc distance of 61.71 feet, to a point for the most northerly corner hereof and lying in the east line of said Miller tract (Document No. 2005-99709) and the west line of that certain tract of land described in deed to North Texas Gas Company as recorded in Volume 135, Page 136 of said Deed Records, from which a 1/2 inch iron rod found bears North 00° 01' 14" East, a distance of 9.32 feet, for the northeast corner of said Miller tract (Document No. 2005-99709) and the southeast corner of that certain tract of land described in deed Odis Fuller Tract Two as recorded in Volume 1095, Page 13 of said Deed Records; THENCE S 000 0 F 14" W, along the east line hereof, the west line of said North Texas Gas Tract and Adami tracts a distance of 64.22 feet, to the POINT OF BEGINNING, and containing 0.024 acres of land more or less. 'Ln!!t� Adam Whitfie Registered Professional Land Surveyor Texas Registration Number 5786 Date: November 11, 2009 ADAM V11H;TFlEE� F681� SV VI 00 TA 0 D a� L Cn /IG 30 15 0 30 SCALE: 1 " = 30' \�F EXHIBIT "B" FRONTIER WATERPROFFING, INC. DOC NO. 2005-34564 R.P.R.D.C.T. SAVE AND EXCEPT INCLUDED [EAST 148.90.1 N89'52'38'E-148.84' +, 3 DAVID R. MILLER do RANDY L. MILLER 0) o n DOC NO. 2005-99709 � W I I R.P.R.D.C.T. 3 N E3 N -4 LU W o J ' im Q O v1 [WEST 148.90'1 DEED LINE N89'54'49'W - 125.15 a¢ [EAST 150.00'1 NOO'01'14'E 9.32' D=41'06'54" R=86.00 L=61.71 CB=N22' 14'34"E CH=60.40 NO1.41'prE 8.29 'jx-na= N89'54'49"W POINT OF DAVID RAY MILLER do RANDY LEE MILLER I -``' BEGINNING h DOC NO. 1998-083500 I a o0 R.P.R.D.C.T. ") !I) �Z I o I Z [WEST 150.00.1 I `� PK NAIL FND N 89*54*34" W - 149.95' NOTES: 0.712 ACRE TOMMY K. HUBBELL & MICHAEL W. COOPER I POINT OF s are based on the Texas State Plane VOLUME 2572, PAGE 26 1. Bearings D.R.D.C.T. I I COMMENCING Coordinate System, North Central Zone (NAD83). 0.024 ACRE 25.00' O 1O W W Oa 4zCL .4 ai ci � � O 4l y�0a: 0 W O �0= zD W J 0 O6* LO pca ma,� CIL,- Adam Whitfield, R.P.L. . lI-<<-n9 Date: November 11, 2009 DRAINAGE EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas JOB NO. DEN 08293 I]F64l= JkM jMjlfFjtKM :so a erotory slroot sore, 100 Donlon To *a 70101 /UMi�f � �ff'� � CON/R�Ilrl� rio.o:liso)sea-slss.r.x:f�4oJsas-ao:y ReepwnhV 8�I V*M R*Mob& RNulta wwwjr♦p-onJMeec /NC. L• \LDT\DM=93 Eagle\cad\wx"y\1DENO8293 EX03 MILLER NORTH DE.dwg SHEET 2 OF 2 LEGAL DESCRIPTION 0.028 TEMPORARY CONSTRUCTION EASEMENT BEING A 0.028 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO.759, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 0.25 ACRE TRACT OF LAND DESCRIBED IN DEED TO DAVID R. MILLER AND RANDY L. MILLER AS RECORDED IN DOCUMENT NO.2005-99709, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.028 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a PK Nail found for the southwest corner of said 0.25 acre tract, lying in the north line of that certain tract of land described in deed to David Ray Miller and Randy Lee Miller as recorded in Document No. 1998-83500 of the Real Property Records of Denton County, Texas; THENCE South 89' 54' 49" East, along the common line of said Miller Tract and said 0.25 acre tract, a distance of 117.48 feet, to the POINT OF BEGINNING of the herein described tract; THENCE North 00' 10' 27" West, over and across said 0.25 acre tract, a distance of 73.43 feet, to a point for the northwest corner hereof, being the southeast comer of that certain tract of land described in deed to Frontier Waterproofing, Inc, as recorded in Document No. 2005-34564 of said Real Property Records and the southwest corner of that certain tract of land described in deed to Odis Fuller Tract Two as recorded in Volume 1095, Page 13 of the Deed Records of Denton County, Texas; THENCE North 89' 52' 38" East, along the north line of said 0.25 acre tract, the south line of said Tract Two a distance of 31.00 feet, to a 1/2 inch iron rod found for the northeast corner hereof and said 0.25 acre tract, lying in the west line of that certain tract of land described in deed to North Texas Gas Company as recorded in Volume 135, Page 136 of the Deed Records of Denton County, Texas; THENCE South 000 0 F 14" West, along the common line of said 0.25 acre tract and North Texas Gas Company, a distance of 9.32 feet, to a point for the most easterly southeast corner hereof, also being the beginning of a non -tangent curve to the left, having a radius of 86.00 feet, a central angle of 41 ° 06' 54", a chord which bears South 22" 14' 34" West and a chord distance of 60.40 feet; THENCE along said curve to the left over and across said 0.25 acre tract an arc length of 61.71 feet, to a to a point for corner; THENCE South 01' 41' 07" West, over and across said 0.25 acre tract a distance of 8.29 feet, to a point for the southeast corner hereof and lying in the common line of said 0.25 acre tract and said Miller Tract; THENCE North 89' 54' 49" West, along said common line a distance of 7.67 feet, to the POINT OF BEGINNING and containing 0.028 acres of land more or less. Adam Whitfiel Registered Professional Lan Surveyor Texas Registration Number 5786 10- lZ- Date: October 12, 2009 0 N EXHIBIT "B" 30 15 0 30 z z a a 20 rNi oz� U� YON N a., pCa SCALE: 1" = 30' c`�a�' v.6 M < L6 Am FRONTIER WATERPROFFING, INC. a a ~ n DOC NO. 2005-34564 F ' 6 X J o p O Jp R.P.R.D.C.T. a N 0 d > m> SAVE AND EXCEPT INCLUDED < o o 0 > z 10 [EAST 148.90'] e �1~ N89'52'38-E-148.84' 1 /2- IRF ► — — 117.84' — — .....N89'52'38"E 31.00:::::.:. S00,01' 14"W ago ... . 9.32 a1 ACRES.':: ++ c co o I CALLED 0.25 ACRES I •:•: 25 00' DAVID R. MILLER do RANDY L. MILLER D=41'06'54" v w W n DOC NO. 2005-99709 n ..... N ........ R=86.00 O t m I N R.P.R.D.C.T. o::::::: L=61.71 f'' a g . CB=S22'14'34"W 0'4 z 0:::: CH=60.40 Cl1 z :::::: I W W S01*41'07"W 0 a 8.29 a. az PK NAIL FND DEED LINE [WEST 148.90'] Q J �p U S89'54'49"E — 117.48' 23.08' o POINT OF W � COMMENCING [EAST 150.00'] POINT OF N89.54'49"W c w o BEGINNING 7.s7 W j DAVID RAY MILLER do RANDY LEE MILLER t DOC NO. 1998-083500 I� z 9-14-1998 I o RE: TO VOL. 198, PG 399 S 89'54'34" E - 149.98' � [WEST 150.00'1 NOTES: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). Adam Whitfield, R.P. l o - 1 09 Date: October 12, 2009 S g...LC,�Jp�gs ADAM WHITFIELD ............... .5786:.. 0.028 ACRE TEMPORARY CONSTRUCTION EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas )MLAUMsee MC N/okoTl street 100 o••ro• r•x.e >'es0101 INS ♦ ♦ CrIIMiMIIIM r4046:1640)888-411`7 •F•i:f@40/8es-80se /NC. gesponeNe Swv*;& ReftbN Results wwwinp-onwmitcorn \LDT\DEN08293 Eagle\cad\wnvey\DEN08293 EX06 MILLER TCE.dwg JOB NO. DEN 08293 SHEET 2 OF 2 LEGAL DESCRIPTION 0.018 ACRE DRAINAGE EASEMENT BEING A 0.018 ACRE DRAINAGE EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO. 759, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO NORTH TEXAS GAS COMPANY AS RECORDED IN VOLUME 135, PAGE 136 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 0.018 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: CONHAENCING at a 1 /2 inch iron rod found for the northeast corner of that certain tract of land described in deed to David R. and Randy L. Miller as recorded in Document No. 2005-99709 of the Real Property Records of Denton County, Texas, also being the southeast corner of that certain tract of land described as Tract Two in deed to Odis Fuller as recorded in Volume 1095, Page 13 of the Deed Records of Denton County, Texas, and lying in the west line of said North Texas Gas Company Tract; THENCE South 00' 0 P 14" W, a distance of 9.32 feet to the POINT OF BEGINNING, for the northwest corner hereof and being the beginning of a non -tangent curve to the right having a radius of 86.00 feet, a central angle of 20' 27' 54", and a chord which bears North 53' 01' 59" East and a chord distance of 30.55 feet; THENCE along said non -tangent curve to the right, an arc distance of 30.72 feet, to a point for the northeast corner hereof, and lying in the east line of said North Texas Gas Company Tract, and the west line of Tract One of said Fuller recorded in Volume 1095, Page 13 of the Deed Records of Denton County, Texas; THENCE South 00° 14' 05" West, a distance of 3 9.3 9 feet, to a point for the southeast corner hereof, also being southeast corner of said North Texas Gas Company Tract, the southwest corner of said Fuller Tract One, and lying in the north line of that certain tract of land described in deed to G.E. Adami as recorded in Volume 1096, Page 61 of the Deed Records of Denton County, Texas; THENCE South 89° 30' 21" West, along the north line of said Adami Tract and south line of said North Texas Gas, a distance of 24.26 feet, to a point for the southwest corner hereof and lying in the east line of said Miller Tract; THENCE North 00" 01' 14" East, along the common line of said Miller and North Texas Gas tract a distance of 21.23 feet to the POINT OF BEGINNING, and containing 0.018 acres of land more or less. ag�� L)Lv�:� Adam Whitfi Registered Professional Land Surveyor Texas Registration Number 5786 l C7 l2-Qg Date: October 12, 2009 EXHIBIT "B" O MAPLE Street (VARIABLE WIDTH ROW) F GJ� \ e. ODIS FULLER 'yp } z as VOLUME 1095, PAGE 13 D.R.D.C.T. TRACT ONE h o U LOT 1, BLOCK D � a. 0 I BLOUT VOL 75,DDITIPG.54 I uio FRONTIER WATERPROFFING, INC. I 0 m e U) I 61 a^ d X I DOC NO. 2005-34564 R.P.R.D.C.T. N o 6 3 13 W J D=20'27 54 " $ Jo N Iz_ �> R=86.00 N L=30.72 �o c� Z CB=N53'01'59"E V b CH=30.55 0 V1 [EAST 148.90'] POINT OF �Q� EXISTING BLDG. ti COMMENCING ON PROPERTY N89'52'38" E-148.84' — 3 LINE S00*01' 14"W 'n 9.32 r'.. Gross Ac.- POINT OF Exanti9*bBEGINNING / ...I" .. O I DAVID R. MILLER & RANDY L MILLER DOC NO. 2005-99709 R.P.R.D.C.T. I wG 30 15 0 30 SCALE: 1" = 30' NOTES: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). a' Adam Whitfield, R.P. . Date: October 12. 2009 N00'01'14"E S 89 30 21 W EXISTING 21.23 24.26' CHANNEL I 0 I o ri I � G. E. ADAMI VENDORS LIEN DEED VOLUME 1096, PAGE 61 D.R.D.C.T. 0.018 ACRE DRAINAGE EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas JOB NO. DEN 08293 IM� !06 NC H/oko►7' street 100 Oeetea Texee lel01 0f • sm- - "M * C1 RVNKMV i /4eee:flle)sIs-It7r OF x:fe/eJ888-8986 /NC.ReePanaftV Vwvk& RINIble ROW&& www L: \LDT\DEN08293 Ea¢e\cad\vx"y\DEN08293 EX04 LONE STAR GAS DE.dwg SHEET 2 of 2 LEGAL DESCRIPTION 0.019 ACRE TEMPORARY CONSTRUCTION EASEMENT BEING A 0.019 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO. 759, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO NORTH TEXAS GAS COMPANY AS RECORDED IN VOLUME 135, PAGE 136 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 0.019 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 60D Nail found for the northwest corner of said North Texas Gas Tract and the northeast corner of that certain tract of land described as Tract Two in deed to Odis Fuller recorded in Volume 1095, Page 13 of said Deed Records and lying in the south line of Maple Street; THENCE South 00' 2 F 21" West, along the west line of said North Texas Gas Tract, the east line of said Fuller Tract Two, a distance of 34.06 feet, to the POINT OF BEGINNING of the herein described tract; THENCE South 890 38' 3 9 " East, over and across said North Texas Gas Tract, a distance of 24.30 feet, to a point for the northeast corner hereof and lying in the west line of that certain tract of land described as Tract One of said Odis Fuller; THENCE South 00' 14' 05" West, a distance of 26.21 feet, along the east line hereof, the common line of said North Texas Gas and Fuller Tract One to a point for corner, being the beginning of a non- tangent curve to the left, having a radius of 86.00 feet, a central angle of 20' 27' 54", a chord which bears South 53' 01' 59" West and a chord distance of 30.55 feet; THENCE over and across said North Texas Gas Tract, and said non -tangent curve to the left an arc length of 30.72 feet, to a point for corner lying in the west line of said North Texas Gas Tract and the east line of that certain tract of land described in deed to David R. and Randy L. Miller as recorded in Document No. 2005-99709 of the Real Property Records of Denton County, Texas; THENCE North 00' 01' 14" East, along the west line hereof, the common line of said Miller Tract and North Texas Gas Tract, a distance of 9.32 feet to a 1/2 inch iron rod found for an angle point hereof, also being the northeast corner of said Miller Tract, and the southeast corner of said Fuller Tract Two; THENCE North 00' 21' 21" East, along the east line of said Fuller Tract Two, a distance of 35.41 feet, to the POINT OF BEGINNING and containing 0.019 acres of land more or less. a& -am- L L=ty= Adam Whitfiel Registered Professional Land Surveyor Texas Registration Number 5786 (O- 1Z-a9 Date: October 12, 2009 N a C d E t U c v 0 EXHIBIT "B" 30 15 0 30 SCALE: 1 " = 30' PC 4- 3 O O N L Uo �3 W W J = m 4JQ O D: O Nv NOTES: MAPLE Street (VARIABLE WIDTH ROW) . x N89'30'49"E - 148.21' 117.17 FRONTIER WATERPROFFING, INC. DOC NO. 2005-34564 R.P.R.D.C.T. [EAST 148.90.1 N89'52'38"E-148.84' DAVID R. MILLER do RANDY L. MILLER DOC NO. 2005-99709 R.P.R.D.C.T. 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). (]a L, Adam Whitfield, R.P.L. . to- (2-yq Date: October 12, 2009 Ordinance Attachment "2" Sheet 18 of 18 POINT OF COMMENCING POINT OF' BEGINNING 0 2 NORTH TEXAS _ 3 GAS COMPANY ODIS FULLER e VOL135. PG.136 D.R.D.C.T. VOLUME 1 PAGE 13 N � D.R.D..D.C.T. TRACT ONE N M LOT 1, BLOCK D o BLOUT ADDITION \V1 VOL. 75, PO.54 G� G• � ,090� C p�• i N00'01'14"E 9.32' 1 589'38'39"E ........... if) _ p N ...0.019 0:::: ACRES:::: c N EXISTING BLDG. ON PROPERTY �� ..... LINE D=20-27'54" R=86.00 L=30.72 CB=S53'01'59"W CH=30.55 S 89'30.21" W G. E. ADAMI VENDORS LIEN DEED b VOLUME 1096. PAGE 61 o D.R.D.C.T. 0.019 ACRE TEMPORARY CONSTRUCTION EASEMENT Situated in the WILLIAM LOVING SURVEY ABSTRACT NO. 759 BLOUT ADDITION City of DENTON Denton County, Texas JOB NO. DEN 08293 ly !sO IK H/otoTr Afrooi dnlfo 100 Donlon Texas 76801 /MiiINli l�IR1'OIR: aYr/� rk000:(v40)*$e-4ITT .f4x:(v4Q)8ss-eos• AWIAIC!. p gpo o nj*v Sw vioa Ramble R"UH& www L•\LDT\DEN08293 Ec*\cad\vurvey\DEN08293 EX05 LONE STAR GAS TCE.dwg SHEET 2 OF 2