December 04, 2012 MinutesCITY OF DENTON CITY COUNCIL MINUTES
December 4, 2012
After deternuning that a quonim was present, the City Council of the City of Denton, Texas
convened in a Worlc Session on Tuesday, December 4, 2012 at 3:30 p.m. in the Council Worlc
Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden.
ABSENT: Mayor Pro Tem Kamp, Mayor Burroughs.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments presented on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for December 4, 2012.
Council Member Watts stated that for Item 6C, he would have to recuse himself from the
meeting and someone would need to chair the meeting during that particular item.
City Attorney Burgess stated that the Council policies had a provision which allowed them to
elect a chair under these circumstances.
Council Member Roden asked about Consent Agenda Item N— if this request for exception to
the noise ordinance was for one year.
Emerson Vorel, Director of Parlcs and Recreation, stated that the original request was for an
exception for every Friday for a one-year period, but Council had never approved a request for
that amount of time. Staff felt a six weelc trial period should be approved, after which time the
request could be re-evaluated based on neighborhood input.
Council Member Watts aslced about Consent Agenda Item B— the HVAC system at the MLK
Recreation Center. He aslced about the fact that most of the bids were around the same price but
the low bid was about 25% lower than the other bids.
Elton Brocic, Purchasing Manager, stated that they had met with the contractor and the contractor
had confirmed that they would be able to meet all specifications of the bid.
Council Member Gregory aslced about Consent Agenda Item P— the Waide Road Bridge and
what we were going to do with it.
City Manager Campbell stated that staff had identified a location in the North Lalces Parlc area.
He stated that the County Judge had suggested placing it in Qualcertown Parlc but it was not
feasible to do at this time due to the flood plain.
Council Member King arrived at the meeting at 3:40 p.m.
City of Denton City Council Minutes
December 4, 2012
Page 2
Council Member Watts aslced about Public Hearing Item SA — modification to the vested rights
section of the Development Code. He thought that there should be an avenue for an appeals
process.
City Attorney Burgess stated that she recommended leaving the initial adnunistrative review
with the City Manager. If there needed to be an appeals process, she recommended that appeal
be to the Zoning Board of Adjustment.
Following the completion of the Worlc Session, the City Council convened in a Closed Meeting
to consider the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with City's attorneys regarding legal rights, restrictions and obligations
associated with real and personal property located at the Denton Municipal
Landfill, and with the potential lease of such real and personal property to third
parties, where a public discussion of such legal matters would conflict with the
duty of the City's attorneys to the City of Denton, Texas under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas. To the
extent that discussion of the lease of such real property to third parties nught
place the City at a disadvantage in negotiations, that component may be
excepted under Section 551.072 as well.
2. Consult with the City's attorneys regarding legal issues associated with the
exercise of enunent domain to acquire real property interests for public use,
including without limitation, statutory procedural requirements related to the
initiation of an enunent domain action, where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of
Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the City's
legal position in any adnunistrative proceeding or potential litigation.
3. Consultation with the City's attorneys regarding legal issues associated with the
potential condemnation of real property interests located in the O. S. Brewster
Survey, Abstract No. 56, located generally in the 1700 Blocic of South Bonnie
Brae Street, where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Ru1es of Professional Conduct of the
State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceeding or potential litigation.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071;
and Deliberations regarding Real Property - Under Texas Government Code
Section 551.072.
City of Denton City Council Minutes
December 4, 2012
Page 3
1. Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of a tract of fee land for public purposes
situated in the Gideon Wallcer Survey, Abstract Number 1330, in the City of
Denton, Denton County, Texas, generally located at south Mayhill Road
north of Gayla Drive. Consultation with the City's attorneys regarding legal
issues associated with the acquisition or condemnation of the tracts referenced
above where a public discussion of these legal matters would conflict with the
duty of the City's attorneys to the City of Denton and Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas, or would jeopardize the City's legal position in any administrative
proceedings or potential litigation regarding expanding and improving the
City of Denton Landfill, a pernutted municipal solid waste disposal facility.
(Wilson - Landfill)
2. Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the potential purchase of certain real property interests
located in the T.M. Downing Survey, Abstract No. 346, City of Denton,
Denton County, Texas, and located generally along the south side of East
McKinney Street, approximately 0.3 miles east of Woodrow Lane.
Consultation with the City's attorneys regarding legal issues associated with
the potential acquisition and condemnation of the real property described
above where a public discussion of these legal matters would conflict with the
duty of the City's attorneys to the City of Denton and the Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation. (Vela - 691cV DME)
3. Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the potential purchase of certain real property interests
located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1475, City of
Denton, Denton County, Texas, and located generally along the 2500 blocic of
East McKinney Street. Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition and condemnation of the real
property described above where a public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City of Denton and
the Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City's legal
position in any administrative proceeding or potential litigation. (Dillard -
691cV DME)
C. Consultation with Attorney - Under Texas Government Code Section 551-071,
Deliberations regarding Econonuc Development Negotiations - Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion with the city's attorneys regarding the
creation of a Tax Increment Reinvestment Zone on property located north of
Airport Road near the Denton Airport where such discussion involves legal
City of Denton City Council Minutes
December 4, 2012
Page 4
issues on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary niles of Professional conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding financial information the City Council will review, including the
potential offer of financial or other incentives, concerning the development of
an industrial parlc on approximately 700 acres located north of Airport Road
near the Denton Airport.
The Closed Meeting adjourned at 6:00 p.m.
The City Council convened in a Regular Meeting at 6:30 p.m. in the Council Chambers.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Presentation by the American Heart Association to Denton as a Fit
Friendly Employer.
Amy Johnson with the American Heart Association presented the Fit Friendly Employer award
to Council Member Watts and Scott Payne, Rislc Manager.
2. Police Appreciation Day
Council Member Watts presented the Police Appreciation Day Proclamation to Police Chief Lee
Howell, Officers Jason Kolba, Ryan Rigdon, Ryan Kane, Shane Kizer, Orlando Hinojosa, Paul
Willenbrocic, and Jim Bryan, and Gary Steele with the Citizens Police Academy and Alumnae
Association.
3. CITIZEN REPORTS
There were no citizen reports.
4. CONSENT AGENDA
Approved the minutes listed below.
A. Consider approval of the nunutes of:
November 5, 2012
November 6, 2012
November 13, 2012
November 19, 2012
City of Denton City Council Minutes
December 4, 2012
Page 5
Ordinance No. 2012-322
B. Consider adoption of an ordinance accepting bids and awarding a public works contract
for the renovation of the Heating Ventilation and Air Conditioning (HVAC) System at
the City of Denton Martin Luther King Recreation Center; providing for the expenditure
of funds therefor; and providing an effective date (Bid 5020-awarded to Integrity Texas
Constniction LTD. in the amount of $116,431).
Ordinance No. 2012-323
C. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from
Texas Industries Inc. (TXI), which is available from only one source and in accordance
with Chapter 252.022 of the Texas Local Government Code such purchases are exempt
from the requirements of competitive bidding; and providing an effective date (File
5048-Purchase of Dry Cem-Lime and Cem-Lime Super Slurry for Street Department in
the annual estimated amount of $300,000 for a five year estimated total of $1,500,000).
Ordinance No. 2012-324
D. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of LifePalc 15
Defibrillators from Physio Control, Inc., which are available from only one source and in
accordance with Chapter 252.022 of the Texas Local Government Code such purchases
are exempt from the requirements of competitive bidding; and providing an effective
date (File 5123-Purchase of Defibrillators for the City of Denton Fire Department in the
estimated amount of $560,000 for the replacement of fourteen units over a five (5) year
period).
Ordinance No. 2012-325
E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a contract through the State of Texas Cooperative Purchasing
Program for the purchase of Polymer for the City of Denton Pecan Creelc Water
Reclamation Plant as awarded by the State of Texas Contract 885-M1(885-77); and
providing an effective date (File 5025-Polymer for Pecan Creek Water Reclamation Plant
awarded to Polydyne Inc. in the unit price amount of $1.07/lb for an estimated annual
amount of $90,000 with four (4) one year renewal options). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-326
F. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of Fiber Optical Ground Wire (OPGW) for Denton Municipal
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5030-Supply of Electric Utility OPGW Transmission Conductor awarded to
Techline, Inc. in the not to exceed amount of $630,000). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-327
G. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of 691cV and 1381cV Substation Switches for Denton Municipal
City of Denton City Council Minutes
December 4, 2012
Page 6
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5071-Supply of Electric Utility 691cV and 1381cV Substation Switches awarded to
Southern States, LLC in the not to exceed amount of $5,850,000). The Public Utilities
Board recommends approval (6-0).
Ordinance No. 2012-328
H. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of Polymer Insulators for Denton Municipal Electric; providing
for the expenditure of funds therefor; and providing an effective date (RFP 5075-Supply
of Polymer Insulators awarded to Techline, Inc. in the not to exceed amount of
$590,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2012-329
L Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of porcelain station post insulators for Denton Municipal
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5023-Supply of Porcelain Station Post Insulators awarded to Victor Insulators, Inc.
in the not to exceed amount of $280,000). The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-330
J. Consider adoption of an ordinance accepting competitive proposals and awarding
contracts for the purchase of electric utility 691cV and 1381cV instniment transformers for
Denton Municipal Electric; providing for the expenditure of funds therefor; and
providing an effective date (RFP 5064-Supply of Electric Utility 691cV and 1381cV
Instniment Transformers awarded to ABB HVIT in the not to exceed amount of
$2,290,000, Alstom Grid, Inc. in the not to exceed amount of $200,000, and Trench
Limited in the not to exceed amount of $50,000 for a total award amount not to exceed
$2,540,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2012-331
K. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of Phase Over Phase 1381cV Pole Mounted Gang Operated Air
Break (GOAB) Switches for Denton Municipal Electric; providing for the expenditure of
funds therefor; and providing an effective date (RFP 5065-Supply of Phase Over Phase
1381cV Pole Mounted Gang Operated Air Brealc (GOAB) Switches awarded to Stuart C.
Irby Company in the not to exceed amount of $470,000). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-332
L. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of electric utility transmission conductor (Cumberland and
Lupine) for Denton Municipal Electric; providing for the expendinire of funds therefor;
and providing an effective date (RFP 5066-Supply of Electric Utility Transnussion
Conductor (Cumberland and Lupine) awarded to Stuart C. Irby Company in the not to
exceed amount of $1,410,000). The Public Utilities Board recommends approval (6-0).
City of Denton City Council Minutes
December 4, 2012
Page 7
Second Readin�
M. Consider adoption of an ordinance on second reading granting to Oncor Electric Delivery
Company LLC a non-exclusive franchise for the purpose of constnicting, maintaining,
and using an electric delivery utility system in the City of Denton; regulating the
constniction worlc done by the grantee in the City; requiring j oint use of poles, trenches,
and conduits in certain instances; prescribing the relationship and relative rights between
grantee and others with respect to constniction in the City and location of facilities;
prescribing the duties, responsibilities, and nile malcing authority of the City Manager
and the City with respect to adnunistration of this franchise; requiring certain records and
reports and providing for inspections and location of principal offices; reserving to the
governing body of the City the right to set charges and rates of grantee; providing the
rights and responsibilities of the governing body in setting the rates; providing for
enforcement of the franchise; prescribing the compensation to the City from the grantee
for the franchise privilege; providing for assignment of the franchise; providing
indemnity of the City and its employees; providing for good faith effort; providing for
insurance; setting forth the term of the franchise and its renewal; repealing Ordinance
No. 2001-405 as amended; providing for acceptance of the franchise by grantee; finding
that the meeting at which this Ordinance is passed is open to the public; providing for
severability; and providing an effective date. (Second Reading)
Approved the request listed below.
N. Consider a request for an exception to the Noise Ordinance for the purpose of performing
live music by the SuperEstrellas at the La Estrella Mini Marlcet, on the corner of
McKinney Street and Railroad Avenue, for each Friday night beginning December 7,
2012, through January 11, 2013, from 8:00 p.m. until nudnight. This request is for an
extension of hours from 10 p.m. to nudnight for amplified sound. The amplified sound
will remain at the allowable 65 decibels. Staff recommends the exception be granted
until midnight.
Ordinance No. 2012-333
O. Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a contract of sale (herein so called), as attached to the ordinance and made a part
thereof as Exhibit "A", by and between the City of Denton (the "City"), and Gary Dennis
Dillard (the "Seller") contemplating the sale by Seller and purchase by City of a 3.480
acre tract of land, more or less, being generally located in the 2500 blocic of east
McKinney street and situated in the M.E.P. & P.R.R. CO. Survey, Abstract Number
1475, City of Denton, Denton County, Texas (the "Property Interests"); for the purchase
price of Three Hundred Ninety Thousand and No/100 Dollars ($390,000.00); authorizing
the City Manager, or his designee, to execute and deliver any and all other documents
necessary to accomplish closing of the transaction contemplated by the contract of sale;
authorizing the expendinire of funds therefore; authorizing, to the extent applicable,
relocation expenditures; and providing an effective date. (691cV Transnussion Line Re-
build Proj ect)
Ordinance No. 2012-334
P. Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreement between Denton County, Texas, and the City of Denton, Texas
City of Denton City Council Minutes
December 4, 2012
Page 8
accepting Denton County's donation of the Waide Road Bridge and agreeing to accept
the financial responsibility for any relocation, storage, refurbishing, and transportation
expenses necessitated by this agreement and associated with the bridge; and providing
for an effective date.
Council Member Gregory motioned, Council Member King seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote: Council Member King,
Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council
Member Roden —"aye". Motion carried unanimously.
5. PUBLIC HEARINGS
Ordinance No. 2012-335
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapter 35.3.8 of the Denton Development Code
concerning the adoption of the vested rights deternunation revisions. (DCA12-
0007)
Darren Groth, Gas Well Adnunistrator, stated that the request was to delete and replace the
current Denton Development Code Section 35.3.8 with a new section that was more consistent
with Chapter 245 of the Texas Local Government Code. The City of Denton's current vested
rights provision was adopted in 2002 and provided broader vested rights protection than Chapter
245 of the Texas Local Government Code.
Upon application, the Director nught allow an application to be processed under pre-existing
land development regulations if certain conditions applied. The second part of that was whether
the applicant could demonstrate a project in progress pursuant to state law (i.e., Chapter 245).
The current provisions allowed an applicant to claim vested rights protection earlier than the
project's filing date. What the amendment would do was replace the entire language in the
current Development Code with a newly written section. The amended language would
eliminate the "pre-existing, investment-backed, good faith expectation" protection to be
consistent with Texas Local Government Code Chapter 245.
The amendment would outline a process where an applicant had the onus to demonstrate that the
project contained one or more vested rights protections consistent with the City Council's view
of vested rights. The applicant must file a petition containing information that addressed the nine
criteria listed in the new amended language. The Director must then deternune whether the
application was complete per the DDC. Once complete, the application would be forwarded to
the City Manager and City Attorney for their respective reviews. The City Manager nught
request a pre-determination conference with the applicant. The City Manager would then render
a final administrative deternunation that granted the relief or denied the relief with 30 days of the
date the petition was complete.
Groth explained that this was the recent change to the language in the exhibit based on the
discussion during the Worlc Session. The City Manager's decision must be made within 30 days
of the date the petition was completed. The City Manager could grant or deny relief. The City
Manager's decision must include a statement of the nature and scope of the project and the
City of Denton City Council Minutes
December 4, 2012
Page 9
reasons for the decision, and should identify those current regulations applicable to the project,
and those prior existing regulations applicable to the project, if any. Once that decision was
made it would be filed in the project's file. An appeal of the City Manager's decision should be
to the Board of Adjustment. Notwithstanding the final decision, the City and applicant could
enter into an agreement that modified the final decision and the applicable regulations to be
applied to the proj ect. Staff recommended approval of the proposed amendment.
Council Member Roden aslced Groth to confirm that this did not apply to gas well applications
only.
Groth stated that was correct.
Council Member Watts opened the public hearing.
Tavia Russell, 2302 Jacqueline Drive — spolce regarding the item.
Council Member Watts closed the public hearing.
Council Member Gregory motioned, Council Member Roden seconded to approve the ordinance
with the revisions discussed. On roll call vote: Council Member King, Council Member Watts,
Council Member Gregory, Council Member Engelbrecht, Council Member Roden —"aye".
Motion carried unanimously.
Ordinance No. 2012-336
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a Comprehensive Plan Amendment from a
"Neighborhood Centers" future land use designation to a"Community Mixed
Use Centers" future land use designation on approximately 22 acres of land
located on the west side of Teasley Lane (2181), between Hicicory Creelc Road
to the north and Old Alton Road to the south, in the City of Denton, Denton
County, Texas; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (CA12-0003)
The Planning and Zoning Commission recommends approval (7-0).
Brian Locldey, Interim Director of Planning and Development, stated that there were two
requests which he would be malcing a joint presentation for. He stated that the first item was a
public hearing for a Comprehensive Plan Amendment to change the future land use designation
from Neighborhood Centers designation to Community Mixed Use Centers designation. The
second part of the presentation would deal with the re-zoning, and that would be from NR-6 to
CM-G. The subject property was located on the west side of Teasley Lane, between Hicicory
Creelc Road to the north and Old Alton Road to the south.
The property currently consisted of a single-fanuly residence. It was approximately 20 acres in
size. The future plans for this property included a subdivision of the property with the front half
of the property being platted out into a 22 acre parcel that could be used for future retail or
commercial development. The future land use designation was Neighborhood Center. The
proposed funire land use would change that designation to Community Mixed Use.
City of Denton City Council Minutes
December 4, 2012
Page 10
The criteria for approval of a Comprehensive Plan amendment had been met: the goals and
objectives of the Denton Plan; the future land use element of the Denton Plan; the balance of
land uses in the City; and adequate public facility elements of the Denton Plan, and how the
proposed change would affect the provision of the services anticipated in the Denton Plan.
The public notification process included thirteen notices to property owners within 200 feet and
52 notices were sent to property owners within 500 feet. No notices in opposition to this request
were received.
The Planning and Zoning Comnussion recommended approval of the amendment as did the
Development Review Committee.
In conjunction with this request, a request had been made for a rezoning from Neighborhood
Residential 6 to Community Mixed Use General zoning district. The rezoning conformed to the
Future Land Use element of the Denton Plan; and the proposed rezoning facilitated the adequate
provisions of transportation, water, sewers, schools, parks, other public requirements and public
convenience.
The public notification process included thirteen notices to property owners within 200 feet and
52 notices were sent to property owners within 500 feet. No notices in opposition to this request
were received.
The Planning and Zoning Comnussion recommended approval of the amendment as did the
Development Review Committee.
Council Member Watts opened the public hearing for Item SB and SC.
Bob Shelton, 2308 RanchHouse Drive, stated that he was the applicant and would answer any
questions the Council had.
Council Member Watts closed the public hearing.
Council Member King motioned, Council Member Roden seconded to approve the ordinance for
Item SB. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Council Member Roden —"aye". Motion carried
unanimously.
Ordinance No. 2012-337
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from a Neighborhood Residential
6(NR-6) zoning district and use classification to a Community Mixed Use
General (CM-G) zoning district and use classification on approximately 22
acres of land located on the west side of Teasley Lane (2181), between Hicicory
Creek Road to the north and Old Alton Road to the south, in the City of Denton,
Denton County, Texas; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (Z12-0007)
The Planning and Zoning Commission recommends approval (7-0).
City of Denton City Council Minutes
December 4, 2012
Page 11
Council Member King motioned, Council Member Roden seconded to approve the ordinance for
Item SC. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Council Member Roden —"aye". Motion carried
unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE
USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2012-338
A. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire through the exercise of the right of eminent domain (I) a utility and
slope easement encumbering 0.05 acre of real property; and (I� a temporary
constniction, grading and access easement encumbering 0.08 acre of real
property, for the public use of expanding and improving Bonnie Brae Street, a
municipal street and roadway located in the City of Denton, Texas, generally
located in the 1700 blocic of South Bonnie Brae Street, and situated in the O.S.
Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas,
as more particularly described in Exhibit "A" and Exhibit "B", respectively, each
attached to the ordinance and made a part thereof (collectively, the "Property
Interests"); authorizing the filing and prosecution of enunent domain
proceedings to acquire the Property Interests; authorizing the expenditure of
funds therefore; malcing findings; providing a savings clause; and providing an
effective date. (Parcels 7 and 8- Martin - Bonnie Brae Widening and
Improvements proj ect)
Council Member Gregory motioned, Council Member King seconded the following:
"I move that the City of Denton, Texas authorize the use of the power of enunent domain to
acquire (1) a utility and slope easement encumbering 0.05 acre of real property; and (2) a
temporary constniction, grading and access easement encumbering 0.08 acre of real property;
generally located in the 1700 blocic of South Bonnie Brae Street, located in the O.S. Brewster
Survey, Abstract 56, and being more particularly described in Exhibit "A" and Exhibit "B",
respectively, to the ordinance now under consideration and on the overhead screen being now
displayed to the audience, for the public use of Bonnie Brae Street improvements and expansion,
a street or roadway in the City of Denton, Texas."
Real property description is attached as Exhibit 1 to Minutes.
On roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden —"aye". Motion carried unanimously.
Ordinance No. 2012-339
B. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire through the exercise of the right of eminent domain (I) fee simple title
to the surface estate, with waiver of surface use related to the nuneral estate, of
an approximate 7.36 acre tract of real property; (II) a slope easement
encumbering 0.33 acre of real property; (III) a drainage easement encumbering
City of Denton City Council Minutes
December 4, 2012
Page 12
1.35 acres of real property; and (IV) a temporary constniction, grading and
access easement encumbering 0.03 acre of real property, for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway
located in the City of Denton, Texas, generally located in the 3100 blocic of
South Bonnie Brae Street, and sit�iated in the James Edmonson Survey, Abstract
Number 400, City of Denton, Denton County, Texas, as more particularly
described in Exhibit "A", Exhibit "B", Exhibit "C" and Exhibit "D", respectively,
each attached to the ordinance and made a part thereof (collectively, the
"Property Interests"); authorizing the filing and prosecution of eminent domain
proceedings to acquire the Property Interests; authorizing the expenditure of
funds therefore; malcing findings; providing a savings clause; and providing an
effective date. (Parcel 35 - Parkes - Bonnie Brae Widening and Improvements
proj ect)
Council Member Roden motioned, Council Member King seconded the following.
"I move that the City of Denton, Texas authorize the use of the power of enunent domain to
acquire (1) fee simple to the surface estate, with waiver of surface use related to the nuneral
estate of 7.36 acres of real property; (2) a slope easement encumbering 0.33 acre of real property;
(3) a drainage easement encumbering 1.35 acres of real property; and (4) a temporary
constniction, grading and access easement encumbering 0.03 acres of real property; generally
located in the 3100 block of south Bonnie Brae Street; located in the James Edmonson Survey,
Abstract 400, and being more particularly described in Exhibit "A", Exhibit "B", Exhibit "C",
and Exhibit "D", respectively, to the ordinance now under consideration and on the overhead
screen being now displayed to the audience, for the public use of Bonnie Brae Street
improvements and expansion, a street or roadway in the City of Denton, Texas."
Real property description is attached as Exhibit 2 to Minutes.
On roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden —"aye". Motion carried unanimously.
Council Member Watts recused himself from the meeting due to a conflict of interest.
Council Member Engelbrecht presided over the meeting.
Ordinance No. 2012-340
C. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire through the exercise of the right of enunent domain (I) fee simple to
the surface estate, with waiver of surface use related to the nuneral estate, of an
approximate 0.07 acre tract of real property; (II) a utility and slope easement
encumbering a 0.07 acre tract of real property; (III) a utility and drainage
easement encumbering a 0.01 acre tract of real property; (IV) a drainage
easement encumbering a 0.03 acre tract of real property (V) a slope easement
encumbering a 213 square foot tract of real property; and (VI) a temporary
constniction, grading and access easement encumbering a 0.08 acre tract of real
property, for the public use of expanding and improving Bonnie Brae Street, a
City of Denton City Council Minutes
December 4, 2012
Page 13
municipal street and roadway located in the City of Denton, Texas, generally
located in the 2200 blocic of South Bonnie Brae Street, and situated in the O.S.
Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas,
as more particularly described in Exhibit "A", Exhibit "B", Exhibit "C", Exhibit
"D", Exhibit "E" and Exhibit "F", respectively, each attached to the ordinance
and made a part thereof (collectively, the "Property Interests"); authorizing the
filing and prosecution of enunent domain proceedings to acquire the Property
Interests; authorizing the expenditure of funds therefore; malcing findings;
providing a savings clause; and providing an effective date. (Parcel 24 - Watts -
Bonnie Brae Widening and Improvements project)
Council Member King motioned, Council Member Gregory seconded the following.
"I move that the City of Denton, Texas authorize the use of the power of enunent domain to
acquire (1) fee simple to the surface estate, with waiver of surface use related to the nuneral
estate, of an approximate 0.07 acre tract of real property; (2) a utility and slope easement
encumbering 0.07 acre of real property; (3) a utility and drainage easement encumbering 0.01
acre of real property; (4) a drainage easement encumbering 0.03 acre of real property; (5) a slope
easement encumbering 213 square feet of real property; and (6) a temporary constniction,
grading and access easement encumbering 0.08 acre of real property, generally located in the
2200 blocic of South Bonnie Brae Street, located in the O.S. Brewster Survey, Abstract 56, and
being more particularly described in Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit
"E" and Exhibit "F", respectively, to the ordinance now under consideration and on the overhead
screen being now displayed to the audience, for the public use of Bonnie Brae Street
improvements and expansion, a street or roadway in the City of Denton, Texas."
Real property description is attached as Exhibit 3 to Minutes.
On roll call vote: Council Member King, Council Member Gregory, Council Member
Engelbrecht, Council Member Roden —"aye". Motion carried unanimously.
7. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Receive a report and hold a discussion regarding the status of the widening of
U.S. Highway 380.
Frank Payne, City Engineer, made a presentation regarding the Highway 380 Utility Relocation
project from Bonnie Brae to Elm Street and Egan Road to I-35 N.
Payne stated that TxDOT was widening Highway 380 from Elm Street to the Wise County line
in three separate projects. TxDOT received bids in November for the U.S. 380 "In-Town"
project, which was from Bonnie Brae to Elm Street. Low bid was Jagoe Public. This project
had a completion time of approximately two years. Constniction was expected to begin
sometime in October 2013.
Payne stated that TxDOT had received bids in July 2012 for the "Urban" project, which was
from I-35 west approximately .4 miles west of F.M. 156 with a low bid from Texas Sterling
City of Denton City Council Minutes
December 4, 2012
Page 14
Constniction. This project had a completion time of approximately three years. Constniction
was expected to begin in January or Febniary 2013. Constniction was also expected to begin at
the Wise County line and proceed east in order to give the City additional time to clear its water
and wastewater utilities.
Payne stated that City staff was worlcing to clear utilities from both sections of roadway in
advance of the TxDOT projects. The US 380 "In-Town" project was being done in two phases.
The first phase was primarily from Elm Street west to Carroll Boulevard with some additional
worlc at Gay Street in order to assist with the tinung of the constniction of the Wash Factory
facility. This worlc was designed in-house and was being constnicted by a combination of City
crews and annual bids for constniction. Worlc began in June 2012 and was expected to be
completed by the end of the year.
The second phase was from Carroll Boulevard west to Bonnie Brae Street. This worlc was
designed by in-house and consultant personnel and was currently in the bid phase. Bids were
scheduled to be received in December 2012. The City had communicated to TxDOT that we
expected constniction to begin in March 2013 and to be completed in March 2014. In addition to
the utility work in this area, the City would be clearing medians and placing temporary pavement
between Bonnie Brae Street and Hinlde with reimbursement by TxDOT. He also stated that the
City had communicated to TxDOT concerns about the overlapping timeframe of this job and
TxDOT's project over the same area.
The US 380 "Urban" project was going to be cleared in three phases. The first phase consisted
of protecting a wastewater line on the south side of U.S. Highway 380 between Egan Road and
Willow Lane. This worlc was designed in-house and constnicted by City crews. Worlc began in
November 2012 and was expected to be completed in early December 2012. The second phase
consisted of water line constniction between I-35 and Masch Branch Road. This worlc was
designed in-house and would be constnicted by City crews and annual bids for constniction.
Worlc was scheduled to begin in early December 2012 and was expected to be completed by June
2013. The third phase consisted of wastewater line constniction between I-35 and Masch Branch
Road. This worlc was designed in-house and would be constnicted by City crews and annual
bids for constniction. Worlc was scheduled to begin in March 2013 and be completed in May
2013.
Council Member Roden stated that University Drive was, from some people's perspective, an
obstacle to wallcability and bilceability. He aslced what benefits the widening project would have
as far as changing signals, etc. to malce University Drive more wallcable and/or bilceable.
Payne stated that as far as crossing Highway 380, once TxDOT installed the new signals they
would have to loolc at the timing for the new roadway conditions. He stated that they had
already made adjustments at some cross streets to allow more time for bicyclists to cross
Highway 380.
Council Member Gregory aslced if there would be good sidewallc connectivity along University
Drive.
Payne stated that the plans showed sidewallcs along University Drive.
City of Denton City Council Minutes
December 4, 2012
Page 15
Amber Briggle, 1315 Dartmouth Place, asked that the Council find a safe way for children in this
neighborhood to get to school.
Adam Briggle, 1315 Dartmouth Place, proposed that they narrow Highway 380 and replace it
with a nice tree-lined bilce path with limited automobile access in off-pealc hours. He stated if
they chose to not go with his suggestions then make it a complete pedestrian and bike access
street. Malce it have safe crossings, maybe elevated crossings. Lower the speed limit-maybe to
25. Malce it clear that it was a street in a community not a highway through a nowhere.
B. Receive comments from the public and hold a discussion regarding the Phase II
amendments of the City's Gas Well Ordinance.
Darren Groth, Gas Well Adnunistrator, stated that this was an opportunity for Council to receive
comments from the public regarding the proposed amendments to the gas well ordinance.
Council Member Roden stated that in the bacictip it was noted that the Planning and Zoning
Commission recommended approval with conditions, but he could not find what the conditions
were in the bacictip.
Groth stated that the motion by the Planning and Zoning Commission was to recommend
approval with the condition that lcnowing there was still some worlc to be done, approval was
conditioned upon the insight and lcnowledge and the expertise of the City Council to act in favor
of the City.
The following individuals spolce.
John Russell, 2302 Jacqueline Drive, spoke in opposition
Sharon Wilson, 1121 Belvedere Drive, Allen, spoke in opposition
Rhonda Love, 1921 Hollyhill Lane, spoke in opposition
Vicicie Oppenheim, 600 Windfields Street, spoke in opposition
Morgan Larson, McCornuck Street, spoke in opposition
Laura Abril, 2424 W. Oak Street, spoke in opposition
Gilbert Horton, 1209 CR 1304, Bridgeport, with Devon Energy, spoke in opposition
Cathy McMullen, 805 Ector, spoke in opposition
Mary Maxwell, 516 W. Oak Street, spoke in opposition
Megan Storie, 804 W. Hickory, spoke in opposition
Tara Linn Hunter, 804 W. Hickory, spoke in opposition
Kelsey Fryman, 1103 Bernard Street, spoke in opposition
Adam Briggle, 1315 Dartmouth Place, spolce
Amber Briggle, 1315 Dartmouth Place, spolce
Eamon Danzig, 2300 W. Oak Street, spoke in opposition
Phyllis Wolper, 2616 Hereford Road, spoke in opposition
Collin Shaw, spoke in opposition
Chris Klabunde, 1604 N. Elm Street, spoke in opposition
City of Denton City Council Minutes
December 4, 2012
Page 16
Comment cards were received from the following individuals:
Jason Stroud, 816 W. Sycamore Street, opposition
Lydia Alexander, 2043 Script�ire Street, opposition
Scott Campbell, 420 Sherman Drive, opposition
Elise Petroslcy, 1604 N. Elm Street, opposition
Maria Rocha, 1604 N. Elm Street, opposition
Andres Rocha, 1604 N. Elm Street, opposition
Wes Sandefor, Clean Resources, 5601 Bridge Street, Fort Worth
Chelsea Bacher, Clean Resources, 5601 Bridge Street, Fort Worth
8. CITIZEN REPORTS
There were no citizen reports.
9. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or
recitation of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be talcen, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a renunder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
Council Member Watts requested an update on the study for the intersection of Welch and Eagle
Drive for the signal light and crosswallc.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
City of Denton City Council Minutes
December 4, 2012
Page 17
With no further business, the meeting was adjourned at 8:31 p.m.
CHRIS WATTS
COUNCIL MEMBER AND ACTING CHAIR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
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LEGAL DESCRIPTION
UTILTTY & SLOPE EASEMENT
BEING a 0.02 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of Txact 12 as conveyed to Bettye L. Martin as
recorded in Instrument No. 2009-75194, Deed Records, Denton CaunTy, Texas, and being
more particularly desci7bed by metes and bounds as follows:
COMMENCING at a found 1/2 inch ixon rod, said point being tkae northeast corner of a
t�act conveyed to University of North Tex�s, as recorded in Instrument No. OS-105600,
Deeds Records, Denton County, Texas, and being in thc existing west right-of-way line
of Bonnie Bxae Street (having a variable width R.O. W.);
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88.98 feet to a point for the POINT OF BEGINNING, said point being the southeast
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point for cornex, said point being in the north line of said Traci 12, and the south line of
said University of North Texas tract, being a common line;
THENCE Sauth 89°25'S9" East, along said common line, a distance of 10.00 feet to the
POINT OF BEGINNING and CONTAINING 1,006 square feet, 0.02 acres of land, more
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"PROPERTY INTERESTS" "EXHIBIT A" - Page 4 of 4
PARCEL 8-US�-1
LEGAL DESCRTPTTON
UTILITY & SLOPE EASEMENT
BEING a 0.03 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of Tracts 13, 14 as conveyed to Betiye L. Martin
as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a found 1/2 inch iron rod, said point being the southeast corner of said
Tracts 13, 14, and being in the existing west right-of way line of Bonnie Brae Street
(having a vaxiable width R.O.W.);
THENCE South 88°13'54" West, along said existing west right-of-way line, a distance of
10.00 feet ta a point for corner, said point being the in the south line of said Tracts 13, 14,
and being the northeast corner of Lot 1, Blocic A, as recorded in Cabinet W, Page 811,
Plat Recoxds, Denton County, Texas, being a common line;
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14, and being in the south line oi Tract 12, as conveyed to Bettye L. Martin as recorded
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line; ,
THENCE Nozth 88°42'40" East, along said common line, a distance of 10.00 %et to a
paint for corner, said point being in the existing west right-of-way line of said Bonnie
Brae Street; .
THENCE South 00°52'06" East, along said existing west right-of-way line, a distance of
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acres of land, moxe or less. .
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SITUATED IN THE O.S. BRE�P'STER SURVEY,
Graham Associates Inc. ABSTRACT N0. 56
� CONSULTING ENGINEERS � P1�NNERS DENTON COUNTY, TEXAS
600 SIX F7.A09 DRIVE, 9UITE 600
�u►torox. ioc�s �eo�t (et e�a-eeas
� Fl� F-��o�� ����-� DAiE: AUGUST 2011
J/�enton/P7-TGE-i
Page 2 of 3
"PROPERTY INTERESTS" EXHIBIT "B" - Page 2 of 5
PA.RCEL 7-TCE-1
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.06 acxe tract of land situated in the O.S. Bxewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of Tract 12 as conveyed fio Bettye L. Martin as
recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point baing the northeast corner of a
tract conveyed to University of North Texas, as recorded in Instrument No. OS-105600,
Deeds Records, Denton County, Texas, and being in the existing west right-o%way line
of Bonnie Brae Street (having a variable width R.O.W.); �
THENCE South 00°20'37" West, along said existing west right-o%way line, a distance of
88.98 feet to a point, said point being the southeast corner of said University of North
Texas tract and the northeast corner of said Tract 12, being a common liae;
THENCE North 89°25'S9" West, leaving said existing west right-of-way line and along
said common line, a distance of 10.00 feet to a point for the PO1NT OF BEGINNING;
THENCE South 00°34'08" East, leaving said common line, a distance of 98.58 feet to a
point for corner, for the beginning of a non-tangent curve to the right having a radius oF
45.00 feet and a central angle of 41°57'06", and a long chord which bears North
62°58'28" West, 32.22 %et;
TI�ENCE along said non-tangent curve to the right an arc distance of 32.95 feet to a point
for corner;
THENCE South 89°32'S7" West, a distance of 10.07 feet to a point for corner;
THENCE North 00°27'03" West, a distance of 25.97 £eet to a point %r corner;
THENCE North 89°57'13" East, a distance of 6.78 feet to a point for corner, for the
beginning of a non-tangent curve to the right having� a radins of 55.00 feet ar�d a central
angle of 26°53'25" and a long chord which bears North 39°00'23" East, 25.58 feet;
THENCE along said non-tangent cuxve to the right an arc distance of 25,81 feet to a point
for corner, for the beginning of a reverse curve to fihe left having a radius of 25.00 feet, a
central angle of 20°21'53", and a long chord which beaxs Noxth 42° 16'09" East, 8.84 feet;
THENCE along said reverse curve to the left an arc distance of 8.89 feet to a point fox
corner;
"PROPERTY INTER�STS" EXHIBIT "B" - Page 3 of 5
Page 3 of 3
THENCE North 32°OS'12" East, a distance of 7,64 feet to a point for corner, for the
beginning of a non-tangent curve to the left having a radius of 20.00 feet and a central
angle of S°58'16" and a long chord which beaxs North 21°14'40" East, 2.08 feet;
THENCE along said non-tangent curve to the left an arc distance o£ 2.08 feet to a point
for corner; �
THENCE South 89°4�4'08" West, a distance of 19.36 feet to a point for corner;
THENCE North 00°22'02" West, a distance of 23.53 feet to a point for corner, said point
being in the north line of said Tract 12, and the south lina oi said University of North
Texas tract, being a common line;
THENCE South 89°25'S9" East, a distance of 23.87 feet to the POINT OF BEGINNING
and CONTAINING 2,465 square feet, 0.06 acres of Iand, more or less.
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P8-TCE-1
BEING A
89fi SQ.FT./0.02 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY,
ABSTRACT .NO. 56
DENTON COUNTY, TEXAS
^ Graham Associates Inc.
�r CONSULTINC ENGINEERS � PL�NNERS
aoo s�x Fuas oawe. suite eoo
ARUNOTON, 1DfA9 70011 QI 640-65Jb
79PE FMM: F-1fY//iBPIS : 10167e-00
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GRAPHIC SCALE 1'�l00'
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DA7E: AUGUST 2011
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Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "B" - Page 5 of 5
PARCEL 8-TCE-1
LEGAL DESCRIl'TION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.02 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton Count�, Texas, being a portion of Tracts 13, 14 as conveyed�to Bettye L. Martin
as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas; and
being nnore particularly described by metes an.d boumds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of
said Tracts 13, 14, and being in the existing west right-of way line of Bonnie Brae Street
(having a variable width R.O.W.);
THENCE South 88°13'54" West, along said existing west right-of-way line, a distance of
10.00 feet to a point for the POINT OF BEGINNING, said point being in the south line
of said Tracts 13, 14, and being the northeast coi�er of Lot 1, B1ock A, as recorded in
Cabinet W, Page 811, Plat Records, Denton County, Taxas, being a common line;
THENCE South 88°44'5'1" West, leaving said existing west right-of-way line and along
said corrnrnon line, a distance of 32,00 feet to a point fox corner;
THENCE Noi�th 00°52'06" West, leaving said common line, a distance of 28.00 feet to a
point for corner;
THENCE North 88°44'S7" East, a distance of 32.00 feet to a point for corner;
THENCE South 00°52'06" East, a distance of 28.00 feet to the POTNT OF BEGINNING
and CONTAINING 896 square feet, 0.02 acres of land, more or less.
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�o c a t i o n M a p PARKES - P35
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FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 1 of 5
PAGE 1 OF 5
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1, A PORTION OF THIS �EOICATION LIES WITHTN A FEDERAL SEE SHEET 2
EMERGENCY MANA'GEMENT AGENCY O�STGNATED FLOOd PLAIN OR
FLOOD PRONE AREA AS DE5IGNATED ON THE FLOOD INSURANCE 8A5IS OF BEARING I5 NORTH AMERICAN DATUM
RATE MAP FOR DENTON COUNTY GOMMUNTTY PANEL 48A21C0370Q, OF 1983 (NAO-83) STATE PLANE COORDINATE
EFF�CTIVE DATE APRIL 18,2011. SYSTEM, TEXAS NORTH CEN7RAL,
PARCEL 35-ROW-1
BEING
320,390 SQ.FT./7.36 ACRE
SITUATED IN THE J'AMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
. CONSULTINO ENGINEERS dc PLANN6RS
E00 51X FLAGS DRIVE, SUI'fE S00
ARLINOTON, 1ENA5 7E011 (B17) B40-BB36
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DATE; FEBRUARY 2012
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FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 2 of 5
PAGE 2 OF 5
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JACK ARLYN PARKES
VOL, 4073, PG, 1207
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NOTE; SET 1/P" I.R, W/ GAI CAP TO
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SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 35—ROW--1
BEING
320,390 SQ.FT./7.36 ACRE
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
.^ Grahdm Associates,inc,
�CONSULTING ENGINEERS dc PLANNERS
tl00 SIX F1.A09 DRIVE, SUI7E S00
ARLINOTON, TEXAS 78011 (81� 040-86'J6
TBPE flRM: F-11B1jTBpLS FlRMi 101638-00
SURVEY, %�
GRAPHIC SCALE !'=l00'
0 60 100 150
DATE; FEBRUARY 2012
J/Oenton/P35—ROW—!
PAGE 3 OF 5
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FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 3 of 5
, SEE SHE�T 2
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EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN QR
FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE
RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48121C0370G,
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DOC. N0. 96—R0055800
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NOTE:
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BASIS OF 6�ARING IS NORTH AMERICAN DATUM
OF 1983 (NAD�83) STATE PLANE COORDINATE
SYSTEM, 7EXAS NOR7H CENTRAL,
PARCEL 35--ROW--1
BEING
320,390 SQ.FT,/7.36 ACRE
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
Graham Associates,lnc. DENTON COUNTY, TEXAS
� CONSUL7ING ENGINEERS dc PLANNERS
E00 SIX FLA09 DRIVE, 5t11TE 5D0
ARUNOTON, iEXA3 76011 (B17) B40-BS36
TBPE FlRM: F-1101/TBPLS FlRMt tOibJB-00
SURVEY, n
GRAPHIC SCALE 1'=f00'
0 50 f00 150
DATE: FEBRUARY 2012
J/Dentan/P35-ROW-i
Page 4 of 5
FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 4 of 5
PARCEL 35-ROW-1
LEGAL DESCRIPTION
Being a 7,36 acre tract of land situated in the James Edmonson Suivey, Abstract No.400, Denton
County, Texas and being a poi�tion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recarded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being nrtore
particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R,O,W,), and the existing souih right-of way line of
Roselawn Drive (having a variable width R,O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to a set 1/2 inch iron rod with GAI cap for
the POINT OF BEGINNING, said point being the northeast corner of a tract of land conveyed to
Jack Arlyn Parkes, save and except Tract 1, as recoxded in Volume 4073, Page 1207, Deed
Records, Denton County, Texas, �
THENCE South 89°29'48" East, continuing along existing said south right-of-way line, a distance
of 462,10 feet to a found wooden post for corner, said point baing the northwest corner of a tract
conveyed to Longhorr� Council Boy Scout Foundation, Inc, as recorded in Volume 450, Page 526,
Deeds Records, Denton County, Texas, being a common line;
THENCE South 00°54'17° �ast, leaving existing said souih right-of way line and along said
common line, a distance of 1661,12 feet to a set 1/2 inch ixon rod with GAI cap for corner, said
point being ihe souiheast corner of said Jack Arlyn Parkes tract and being in the noxth line of a
tract conveyed to Mazvin Henderson Estate Trust, as recorded in Instrument. No, 96-
R005580�, Deeds Records, Denton County, Texas;
THENCE South 80°10'16° West, along said narth line, a distance of 352,17 feet to a sat 1/2 inch
iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of said
Bonnie Brae Street;
THENCE North 12°56'18" East, leaving said noi�th line, and along said proposed west right-of-
way line, a distance of 761.45 feet to a set 1/2 inch iran rod with GAT cap for corner, for the
beginning of a tangent curve to the left having a radius of 852,50 feet, a central angle of
12°56'18", and a long chord which bears North 06°28'09" East, 192.10 feet;
THENCE continuing along said pxoposed west right-of-way line, and along said tangent curve to
the left, an axe distance of 192,51 feet to a set 1/2 inch iron rod with GAI cap for corx�ei;
THENCE North 00°00'00" West, eontinuing along said proposed west xight-of-way line, a
distance of 755,40 feet to a set U2 inch iron rod with GAI eap fox corner, said point being the
most southerly point of a corner-clip;
FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 5 of 5
Page 5 of 5
THENCE North 45°00'00" West, leaving said proposed west right-of-way line, and along said
corner-clip, a distance of 28.28 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being in the proposed south right-of-way line of Roselawn Drive (having a variable width
R.O,W,);
THENCE North 90°00'00" West, along said proposed south right-of-way line, a distance of
315.51 feet to a set 1/2 inch iron rod with GAI cap for coxner, said point being in the east line of
the save and except Txact 1 of Jack Arlyn Parkes h•act;
THENCE North 07°04'48" East, continuing along proposed south right-of-way line and along
said east line, a distance of 16,83 feet to the POINT OF BEGINNING and CONTA1NlNG
320,390 square feet, 7,36 acxes of land, more or less,
c�✓s_► � - .� _ _
PAGE 1 OF 4
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"PROPERTY INTERESTS" EXHIBIT "B" - Page 1 of 8
THE CHAMBEFL.AIN TRUS7
VOL. 4622, PG. 1336
D,R.O.C.T.
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BEING A
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SLOPE EASEMENT
STTUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
�^ Graham Associates,lnc.
�CONSULTiNG ENGINEERS dc PLANNERS
eoo six Fl�os oRtve, sui� �oo
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DATE: DECEMBER 2011
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JACK ARLYN PARKES
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PARCEL 35-5E--1
BEING A
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SLOPE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc,
� CONSULTING ENGINEERS dt PLANNERS
E00 SIK FLA05 pRIVE, SUITE 600
MIJNOTON, TEXAS 76011 (817) a4O-B636
THPE flRM� F-1iBl/1HPLS FlkMi 1016J8-00
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DATE: OECEMBER 2011
J/Dentan/P35-SE-�
Page 3 of 4
"PROPERTY INTERESTS" EXHIBIT "B" - Page 3 of 8
PARCEL 35-5E-1
LEGAL DESCRiPTION
SLOPE EASEMENT
Being a 0.25 acre tract of land situated in the Jarnes Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portzon of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
xecorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch i�•on xod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the exxsting west right-of way line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing south right-of way line of
Roselawn Drive (having a variable widtl� R.O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to � point for corner, said point being in
the proposed south right-of-way line of Roselawn Drive (having a variable width R.O,W.), also
being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except
Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east
line of the said save and except Tract 1, a distance of 16,83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said east line, and continuing along said proposed south
right-of-way line, a distance of 315.51 feet to a point for corner, said point being the most
northerly point of a coi�er-clip with the proposed west right-of-way line of Bonnie Brae Street
(having a 95' R,O,W.);
THENCE South 4S°00'00" East, along said corner-clip, a distance of 28,28 feet to a point �or
corner;
THENCE South 00°00'00" East, along said proposed west xight-of-way line, a distance oi 339.39
feet to a point fox corner, being the POTNT OF BEGINNING;
THENCE South 00°QO'00" East, continuing along said proposed west right-of-way line, a
distance of 416,02 feet to a point for corner, for the beginning of a tangent curve to the right
having a radius af 852.50 feet, a central angle of 10°55'03 ", and a long chord which bears South
OS°27'32" West, 162,20 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an are distance of 162.44 feet to a point for corner;
THENCE North 79°04'S7" West, Ieaving said proposed west right-of-way line, a distance of
25.00 feet to a point for corne�•, for ihe beginning of a non-tangent curve to the left, having a
"PROPERTY INTERESTS" EXHIBIT "B" - Page 4 of 8
Page 4 of 4
radius of 827,50 feet and a central angle of 10°55'03", and a long chord which bears No��th
OS°27'32" East, 157.44 feet;
THENCE along said non-tangent curve to the left an arc distance of 157,68 feet to a point fox
corner;
THENCE North 00°00'00" East, a distance of 178,51 feet to a point for carner;
THENCE North 90°00'00" East, a distance of 15.00 feet to a paint fox corner;
THENCE North 00°00'00" West, a distance of 237.51 feet to a point for corner;
THENCE North 90°00'00" East, a distance oi 10,00 feet to the POINT OF BEGINNING and
CONTAINING 10,839 square feet, 0.25 acres of land, more or less,
PAGE 1 OF 2
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VOL, 4522, PG. 1336
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PARCEL 35-5E-2
BEING A
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SLOPE EASEMENT
IN' THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
. �QNSULTING ENGINEERS dc PIANNERS
E00 SIX FLAOS DRIVE, SUITE 600
ARLIN070N, tEXAS 78011 (617) 640-B6J6
7HPE FlRAIt F-1191/THplS FlRAIt 101638-00
SURVEY, r"'
GRAPHIC SCAIE !'�f00'
0 50 S00 150
DATE: DECEMBER 2011
J/qenkon/P35-SE-2
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "B" - Page 6 of 8
PARCEL 35-5E-2
LEGAL DESCRTPTION
SLOPE EASEMENT
Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion o� that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iroix rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Bxae Street (having a variable width R,O.W.), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O, W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R,O.W.), also being
the northeast corner of a tract of land conveyed to Jack Axlyn Parkes, save and exeept Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
o£the said save and except Tract l, a distance of 16.83 feet to a point for eoa•ner;
THENCE South 90°00'00" East, leaving said east line and continuing alon� proposed south right-
of-way line, a distance of 218.01 feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 90°00'00" East, continuing along proposed south right-of-way line, a distance of
97,50 feet to a point for cornar, said point being the most northerly point of a corner-clip with the
proposed west right-af way line of Bonnie Brae Street (having a 95' R.O,W,);
THENCE South 45°00'00" East, along said cornex-clip, a distance of 7,07 feet to a point for
corner;
TH�NCE Noxth 90°00'00° West, leaving said proposed west �•ight-of-way line, a distance of
102.50 feet to a point for eomer;
THENCE Noz�th 00°00'00" �ast, a distance of 5,00 feet to a the POINT OF BEGIIVNING and
CONTAINING 500 square feet, 0.01 acres of land, mare or less.
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THE CHAMBERLAIN TRUST
VOL, 4522, PG, 1336
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SAVE & EXCEPT
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JACK ARLYN PARKES
VOL, 4073, PG, f207
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BASIS OF BEARIN� IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STAT� PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35—SE�-3
BE7NG A
3,194 SQ.F'T./0.07 ACRE
SLOPE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY, n
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
� CONSULTING ENGINEERS & PtANNERS
E00 SIX FLAOS DRIVE, 6UITE 600
ARIINOTOtJ, 1EXA5 76011 (817) 640-86J6
TBPE flRM� F-11B1/THPLS �IRA(� 101638-00
GRAPHIC 3CALE f•af00'
0 50 100 150
DATE: DECEMBER 2011
J/Denton/P35-SE-3
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "B" - Page 8 of 8
PARCEL 3S-SE-3
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0,07 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County,
Texas and being a portion of thai 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in
Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more pai�icularly described
as follows:
COMMENCING at a found 1/2 inch u•on rod, said point being the southeast corner of a tract of land
conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records,
Denton County, Texas, and being in the existing west right-of-way line of Bonnie Bxae Street (having a
variable width R,O.W.), and the existing south ri�ht-of-way line of Roselawn Drive (having a variable
width R,O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south
right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south
right-of-way line of Roselawn Drive (having a variable width R,O,W,), also being the northeast corner of
a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page
1207, Deed Records, Denton County, Texas,
THENCB South 07°04'48" West, along said proposed south right-of-way line, and along east line of the
said save and except Tracf 1, a distance of 16.83 feet to a point for carner;
THENCE South 90°00'00" East, leaving said aast line and continuing along proposed south right-of-way
line, a distance of 315,51 feet to a point for corner, said point being the most noi�therly point of a corner-
clip with the proposed west right-of-way line of Bonnie Brae Stt•eet (having a 95' R.O,W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 14,14 feet to a point for corner,
being the POINT OF BEGINNING;
THENCE South 45°00'00" East, continuing along said corner-clip, a distance of 14,14 feet to a point for
corner, said point being in the proposed west right-of-way line of said Bonrue Brae Street;
THENCE South 00°00'00" West, continuing along said proposed west right-of way line, a distanee of
314.39 feet to a point for carner;
THENCE North 90°00'00" West, leaving said proposed west right-of way line, a distance of 10,00 feet to
a point for corner;
THENCE North 00°00'00" East, a distance of 324.39 feet to the POINT OF BEGTNNING and
CONTAINING 3,194 square feet, 0,07 acres of land, more or less.
� � , . --- • F-
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THE CHAMBERLAIN TRUST
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JACK ARLYN PARKES
VOL. 4073, PG, 1207
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BASIS OF B�ARING IS NORTH AMERICAN �ATUM ��
OF 1983 (NAD-B3) STATE PLANE COQROINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 35--DE-1
BErNG A
500 SQ.FT./0.01 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associptes,inc.
■ CONSULTING ENGINEERS dc PL4NNERS
EQO SIX FLA03 pRIVE, SUITE 800
ARLINOTON, TEXAS 7E011 (B17) 8�{O-86J6
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DATE: DECEMBER 2011
J/Oenton/P35-DE-i
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "C" - Page 2 of 12
PARCEL 3S-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 0.01 acre tract of land situated in the 7ames Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42' acre tract of land conveyed to Jack Arlyn Parlces, as
recarded in Volutne 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly deseribed as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast cornex of a iract of
land conveyed to Jack Parkes and wife Betty Parkes, as reeorded in Volume 5022, Page 3438,
Deed Records, Denton Caunty, Texas, and being in the existing west itight-of-way line of Bonnie
Brae Street (having a variable width R,O.W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R,O.W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Traet 1, as
reeorded in Volume 4073, Page 1207, Deed Reeords, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of way line, and along east line
of the said save and except Tract l, a distance of 16,83 feeC to a point for corner;
THENCE South 90°00'00" East, leaving said east lzne and continuing alang proposed south right-
o� way line, a distance of 315,51 feet to a point for corner, said point being the most northerly
point af a corner-clip with the proposed west xight-of-way line of Bonrue Brae Street (having a
9S' R,O,W,);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point fox
corner;
THENCE South 00°00'00" West, along said proposed west right-of-way line, a distance of 314,39
feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a
distance of 25.00 feet to a point for corner;
THENCE North 90°00'00" West, leaving said proposed west �7ght-of-way line, a distance of
20.00 feet to a point for cornex;
THENCE North 00°00'00" East, a distance of 25.00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 20.00 feet to the POINT OF BEGINNING and
CONTAINING 500 square feet, 0,01 acres of land, more or less.
PAGE ! OF 5
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SAVE 6 EXCEPT
TRACT i
JACK ARLYN PARKES
VOL. 4073, PG. 1207
D,R.D.C,T.
, �'� I,
"PROPERTY INTERESTS" EXHIBIT "C" - Page 3 of 12
THE CHAMBERLAIN TRUST
VOL. 4522, PG, l336
o.a,o,c.r,
"'''' ROSELAIVN D1iIVL .. -- ------ ----rj.� --- �—' .,; �, — _ .
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BASIS OF BEARING I5 NORTH AMERICAN aATUM �' (
OF A983 (NAD-83) STATE PLANE COORDINATE SEE SHEET 2
SYSTEM, TEXAS NORTH CENTRAL. NoTES;
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1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMENT AGENCY DESIGNAT�D F'L000 PI.AIN OR
PARCE L 3 5— D E —� FLOOD PRONE AREA AS OESIGNATED ON THE FLOOD
INSURANCE RATE MAP FOR DENTON COUN7Y CtlMMUNITY
PANEL 48121Cp370 G,EFFECTIVE DATE APRIL 98,2011,
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lna.
. CONSULTING ENGINEERS dc PI.ANNERS
800 SIX FL.AOS pRIVE, SUIiE 600
ARIINOTON, 7EXAS 70011 (817) E40-8838
79PE flRMc F-11o1/iBPLS flRA(� 10161B-Oq
SURVEY, n
GRAPHIC 3QALE 1"-100'
0 50 10p 150
DATE; FEBRUARY 2412
J/Denton/P35-OE-2
PAC,� 2 OF 5
"PROPERTY INTERESTS" EXHIBIT "C" - Page 4 of 12
SEE SHEET
,� i �
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JACK ARI.YN PARKES
� . , VOL . 4073, PG , 1207
� D,R,D.C,T,
\ � �'' iQ0 Yq 1� \
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BASIS OF B�ARING IS NORTH AMERICAN DATUM NoT�S; SEE
OF 1983 (NAD-83) S7ATE ALANE COORDINATE
SYSTEM, 7EXAS NORTH CENTRAL,
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!. THIS EqSEMENT LIES WITHIN A FED�RAL EMERGENCY
MANAGEMENT AGENCY �ESIGNATEO FLpOD PLAIN OR
INSURANCENRATEEMAPSFORSDENTON COUNTYECOMMUNITY
PpNEI. 48l21C0370 G, EpFECTIVE DA7E APRIt� 18, 201f,
PARCEL 35—DE--2
BEING A
46,054 SQ.FT./.1.06 ACRE
DRAINAGE EASEMENT
SITUATED IN THE �AMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
.^ Graham Associates,lnc.
�CONSULTING ENGiNEERS dc PLANNERS
aoo six Fuos oRivE, suire eoo
MUNOTON� TE%A6 70011 (817) a40-86J6
TBPE flRMt F-1181/iBpL3 FIRMt 101638-00
SURVEY, �
ORAPNIC SCALE f'-f00'
0 50 100 150
DAT�: FEBRUARY 2012
J/Danton/P35-DE-2
PAGE 3 OF 5
, \
`�,
N2! '36' 50"W —
l02,48'
N01'17'40"W
155.49'
TQMMY R. HOLAMON
VOL, 5164, PG. 6A1
D.R.D.C,T.
"PROPERTY INT�RESTS" EXHIBIT "C" - Page 5 of 12
N71•10'A7"E
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�i
�
SEE SHEET 2
POINT OF'
HEGINNTN'G
JACK ARL.YN PARI<ES
VOL, 4073, P�, 1207
D,R.D,C,T.
18q3�
4
533 '05' 49"W
54.95'
. ,'�o1r, �F11C�oPV G%
- -- ppP�X'
P /
/
MARVIN HENDERSON ESTATE TRUST
dOC. N0, 96-R0055800
D,R,D,C,T,
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NOTES;
1. THIS EASEMENT LIES WITHIN A FEOERAL EMERGENCY
MANAGEMENT AGENCY DESIGNATED PLOOD PLAIN OR
FLOOD PRONE AREA AS DESIGNATEO ON 7HE FLOOD
INSURANCE RATE MAP FpR DENTON COUNTY CpMMUNITY
PANEL 4812fC0370 G,EFFECTIVE DATE APRTL 18,2p11.
PARCEL 35--DE-2
BEING A
46,U54 SQ.FT./1.06 ACRE
DRAINAGE �ASEMENT
STTUATED IN THE JAMES EDMONSON SURVEY, �"'
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGINEERS � PLANNERS
E00 SIX fLA03 DRIVE, 9UITE 600
AFtUNGTON, tE%AS 76q11 (817) 040-B6J6
TBPE flRAlt F-1191/TBpL3 �1RA�t IQ16�8-00
GRAPHIC SCpIE 1'=100'
0 b0 100 150
DATE: FEBRUARY 2012
J/Denton/P36-OE-2
Page 4 of 5
"PROPERTY INTERESTS" EXHIBIT "C" - Page 6 of 12
PARCEL 35-DE-2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 1,06 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recoxded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R,O,W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R,O.W,);
THENCB South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204,70 feet to a point £or corner, said point being in the
pxoposed south right-of-way line of Roselawn Drive (having a variable width R,O,W,), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
reeoxded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of tk�e said save and except Tract 1, a distance of 16,83 feet to a point far corner;
THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R,O.W,);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCB South 00°00'00" •East, along said proposed west right-of-way line, a distance of 755.40
feet to a point far corner, for the being the beginning of a tangent curve to the right having a
radius o:F 852.50 feet, a central angle of 12°56'18" and a lozig chord which bears South 06°28'09"
West, 192.10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 192.51 feet to a point for corner;
THENCE South 12°56'18" West, continuing along said proposed west right-of-way ]ine, a
distance of 486.92 feet to a point for cornex;
THENCE North 77°03'42" West, leaving said proposed west right-of-way line, a distance of
184.47 feet to a point for the POINT OF BEGINNING;
THENCE South 33°OS'49" West, a distance of 54.95 feet to a point for corner;
"PROPERTY INTERESTS" EXHIBIT "C" - Page 7 of 12
Page 5 of 5
THENCE South 74°08'18" West, a distance of 249.51 feet to a point for corner, said point being
in the west line of said Jack Arlyn Parkes tract and being in the east line of a tract of land
conveyed to Tommy R, Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton
County, Texas, being a common line;
THENCE North O1 °17'40" West, along said common line, a distance of 155,49 feet to a point for
corner;
THENCE Not�th 21°36'S0" West, continuing along said common line, a distance of 102,48 ;feet to
a point for corner;
THENCE North 71 °10'47" East, leaving said coinmon line, a distance of 70.67 feet to a point for
corner; .
THENCE South S6°54'11" East, a distance of 291.72 feet to the POINT OF BEGINNING and
CONTAINING 46,054 square feet, 1,06 acres of land, anoxe or less,
PAGE 1 OF 5
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SAVE 6 EXCEPT
TRACT 1
JACK ARLYN PARKES
VOL. 4073, pG. 1207
D.R.D.C,T.
f: .;:
m
"PROPERTY INTERESTS" EXHIBIT "C" - Page 8 of 12
THE CHAMBERLAIN TRUST
VOL. A522, PG, 1336
D.R.D.C.T.
ROSET,AWN DRIV�'
„ (VARIABLE WIpTH R.O;W,)
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VOL. 4073, PG, 1207 �� I � I
D, R. D. C. T, � � � o�� I I
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BASIS QF BEARING IS NORTH AMERICAN DATUM '� ;
OF 1983 (NAD-83) STATE PLANE COOR�INATE SEE SHEET 2
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NOTES:
1, THIS EASEMENT LIE5 WITHIN A FEDERAL EMERGENCY
MANAGEMENT AGENCY DESIGNATEO FLOOD PLAIN OR
FL.00IJ PRONE AREA AS pESxGNATED ON THE FLOOD
PAR C E L 3 5— D E — 3 PANELA46121C037qAG,EFFECTIVENDAT�NAPRILM]eN201�.
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SYTUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, � TEXAS
� Graham Associates,lnc.
. CONSULTiNG ENGINEERS dt PLANNERS
E00 SIX FLAOS pRIVE, SUITE 600
iHPE Fl M� �11D1/iBPLS FlBRM� �1016J8 300
SURVEY, �
�RAPHIC SCALE 1"�f00'
0 50 100 150
QATE: FEBRUARY 2012
J/oenton/P35-oE-3
PAGE 2 OF 5
"PROPERTY INTERESTS" EXHIBIT "C" - Page 9 of 12
SEE SHEET
.� �
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� VOL, 4073, PG. 1207
; �,R.O,C,T,
\ '�� 100 YR `� ��
� / � FLOODPLAIN \
\���✓/ �\
NorES; SEE
BASIS OF B�ARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
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7, THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAG�MENT AGENCY DESIGNATEp FLOOD PLAIN OR
FLOOD PRQNE AREA AS DESIGNATEp ON THE FLOOD
INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY
PANEI. 4812�C037p G,EFFECTIVE DATE APRTL 18,2011,
PARCEL 35--DE-3 �
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE �ASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY, �
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
.^ Graham Associates,lnc.
CONSULTING ENGINEERS dc PLANN�RS
\LJ I EOD SIX FLA03 DRIVE, SUITE 600
�'V ARLINOTON, TENAS 78011 (917) E40-B6�5
7HPE FlRMo F-1161/T9PL9 FlRMc 101638-00
GRAPHIC SCALE f"-f00'
0 50 100 150
DATE: FEBRUARY 2012
J/Denton/P95-OE-3
�PAGE 3 OF 5
�
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TOMMY R, HOLAMON
VOL, 5164, P�. 641
D.R.D.C.T.
3
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"PROPERTY INTERESTS" EXHIBIT "C" - Page 10 of 12
SEE SHEET 2
' JACK ARLYN PARKES
" _ � VOL. 4073, PG, 1207
D,R,D,C,T.
i
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OP 1983 (NAD-83) STATE PLANE COORDINATE
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MARVIN HENDERSON ESTATE TRUST / /
DOC. N0, 96-R0055800
O,R,D.G,T.
NOTES;
S. 7HIS EASEMENT LIES WITHIN A FEDERAL EMEROENCY
MANAGEMENT AGENCY CIESIGNATEp FLQOD PLAIN OR
FLOOD PRONE AFiEA AS DE5TGNATED ON THE FLOOD
INSURANCE AATE MAP FOR DENTON COUN7Y COMMUNITY
PANEL 49f21C0370 G,EFFECTIVE DATE APRIL 18,201].
PARCEL 35—DE--3
BEING A
12,344 SQ.FT./0.28 ACRE
DRATNAGE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY, �
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
GRAPHIC 3CALE 1'�f00'
� Graham Associates,lnc. 0 50 100 �50
� CONSULTING ENGIN�ERS � PLANNERS
eoo six Fuos oRive, suir� soo
MuNOTON, lEXAS 7ao11 (e17) e4o-e536
1HPE FlRMt F-11B1/iBPLS FlRA(t 1016J8-00
QATE: FEBRUARY 2012
J/Denton/P35-pE-3
Page 4 of 5
"PROPERTY INTERESTS" EXHIBIT "C" - Page 11 of 12
PARCEL 35-DE-3
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 0,28 acre tract of land situated in the James Edmonson Survey, Abstract No,400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, De�d Records, Denton County, Texas, and being rnore
particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jacic Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R,O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and alang existing
said south right-of-way line, a distance of 204,70 feet to a point for corn�r, said point being in the
pxoposed south right-of way line of Roselawn Drive (having a variable width R,O, W.), also being
the northeast coi-ner of a tract of land conveyed to Jacic Arlyn Parkas, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Txact l, a distance of 16.83 feet to a point for cornex;
THENCE North 90°00'00" East, leaving said east line and continuing alang proposed south a•ight-
of-way line, a distance of 315,51 feet to a point for corne��, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R,O,W,);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755,40
feet to a point fox corner, for the being the beginning of a tangent curve to the right having a
radius of 852.50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09"
West, 192.10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 192.51 feet to a point for corner;
THENCE South 12°56'18" West, continuing along said proposed west right-of way line, a
distance of 761.45 feet to a point for corner, said point being in the south line of said 7ack Arlyn
Parkes tract and being in the north line af a tract of land conveyed to Marvin Henderson Estate
Trust, as recorded in Instrument No. 96-R0055800, Deed Records, Denton County, Texas, being
a corrnnon line;
THENCE South 80°10'16" West, leaving said proposed west right-of-way line, and along said
cotnmon line, a distance of 225,36 feet to a point for corner;
"PROPERTY INTERESTS" EXHIBIT "C" - Page 12 of 12
PageSofS
THENCE South 57°03'37° West, continuing along said common line, a distance of 29.84 feet to a
point for the POINT OF BEGINNING;
THBNCE South 57°03'37" West, continuing along said common line, a distance of 159.24 feet to
a point for coxner, said point being the southwest corner of said Jack Arlyn Parkes tract and being
the southeast corner of a tract of land conveyed to Toimny R. Holamon, as recorded in Volume
5164, Page 641, Deed Records, Denton County, Texas, being a oommon line;
THENCE North O1°17'40" West, leaving said north line of said Henderson tract, and along said
common line, a distance of 120.00 feet to a point for corner;
THENCE North 76°16'S1" East, leaving said common line, a distance of 130.00 feet to a point
for corner;
THENCE South 08°54'19" East, a distance of 65.00 feet to the POINT OF BEGINNING and
CONTAINING 12,344 square feet, 0,28 acres of land, mare ar less,
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JACK ARLYN PARKES
VOL. 4073, PG, 1207
D.R,O,C,T,
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SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35--TCE-1
BEING A
876 SQ.FT./0..02 ACRE
TEMPORARY CONSTRUCTION EASEMENT
STTUATED IN THE JAMES EDMONSON SURVEY, �
ABSTRACT N0. 400,
D ENT 0 N C 0 UNTY�� T��S GRAPHIC SCALE i'=f00'
Graham Associates,lnc. 0 5o ioo sso
. CONSULTiNG ENGiNEERS dt PLANNERS
eoo six Fuas oRive, suite soo
ARIJNOTON, �x�s �eat� �at� e4o-s6�e
TBPE FlRM: F-11D1/THPIS R t 1016J8-00 DATE; DECEMBER 2011
J/penton/p35-TCE-i
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "D" - Page 2 of 4
PARCEL 35-TCE-1
LEGAL DESCRIl'TION
TEMPORARY CONSTRUCTION EASEMENT
Being a 0.02 acre tract of land situated in the James Edmonson Survey, Abstract No.400,
Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack
Arlyn Paxkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more particulaxly deseribed as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a
tract of land conveyed to Jack Parkes and wife Betty Parkes, as recoxded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in tha existing west
right-of-way line of Bonnie Brae Street (having a variable width R.O,W.), and the
exzsting south right-of-way line of Roselawn Drive (having a variable vvidth R,O.W.);
THENCE South 89°29'�8" East, leaving existing said west right-of-way line and along
existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said
point being in the proposed south right-of-way line of Roselawn Drive (ha�ving a variable �
width R,O,W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract 1, as recorded in Volume A073, Page 1207, Deed Records,
Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and alang
east li:ne of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along pxoposed
south right-of-way line, a distance of 81,87 feet to a point for corner, being the POINT
OF BEGINNING;
THENCE South 90°00'00" East, continuing along said proposed south right-of-way line,
a distance of 46,83 feet to a point for corner;
THENCE South 33°45'08" East, leaving said proposed south x7ght-of way line, a distance
of 11,60 feet to a point for corner;
THBNCE South 56°14'S2" V�est, a distance of 34.54 feet to a point for corner;
THENCE North 40°25'30" West, a distance of 37.88 feet to the POINT OF BEGINNING
and CONTAINING 876 squaxe feet, 0.02 acxes of land, more or less,
PAGE 1 OF 2
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VOL. 4073, PG, 1207
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"PROPERTY INTERESTS" EXHIBIT "D" - Page 3 of 4
THE CHAMBERLAIN TRUST
VOL, 4522, PG. 1336
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OF 1983 (NAD-83) STATE PLANE COORI]TNATE
SYSTEM, TEXAS NORTH CENTFAI.,
PARCEL 35—TCE-2
BEING A
366 SQ.FT. 0.0 �. ACRE
TEMPORARY CONST UCTION EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY, r"'
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS _
� Graham Associates,lnc,
■ CONSULTING ENGINE�RS dc PLANNERS
aoo six �..�os oaivE, sui� 600
ARLINO70N, TEXA6 78011 (817) E40-8636
THPE FlRM� F-1101/iBPLS FlRMt 101638-00
——— —
i � � � �
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DATE; DECEMBER 2011
J/Denton/P95-TCE-]
Page2of2
"PROPERTY INTERESTS" EXHIBIT "D" - Page 4 of 4
PARCEL 35-TCE-2
LEGAL DESCRTPTION
TEMPORARY CONSTRUCTION EASEMENT
Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400,
Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack
Arlyn Parlces, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more pat�ticularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a
tract oi land conveyed to Jacic Parkes and wife Betty Parkes, as recorded zn Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west
right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the
existing south right-of-way line of Roselawn Dri�re (having a variable width R,O,W.);
THENCE South 89°29'48" East, leaving axisting said �rest right-of-way line and along
existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said
paint baing in the proposed south right-of-way line of Roselawn Drive (having a variable
width R,O.W.), alsa being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along
east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed
south right-oi way line, a distance of 158.70 feet to a point for corner, being the POINT
OF BEGTNNING; .
THENCE South 90°00'00" East, continuing along said proposed south right-of-way line,
a distance of 33,00 feet to a point for corner;
THENCE South 00°13'31" East, leaving said proposed south right-of-way line, a distance
of 11.02 feet to a point for corner;
THENCE South 89°46'29" West, a distance of 33.00 feet to a point for corner;
THENCE North 00°13'31" West, a distance of 11.15 feet to the POINT OF BEGINNING
and CONTAINING 366 square feet, 0,01 acres of land, more or less,
�ocation Map WATTS - P24
�,��� � � �:����� ��� ��� �����--���������� Bonnie Brae Widening and Improvements
FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Pa�e 1 of 2
PacE x oF 2 ,: i,.
.:-;:;�� `,;
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; �� �
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i?�;� �; � JEAN M. G, TUNNELL 6
�j�� ��J AGNES H. ROGERS
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SET 1/2" I.R,
2215 S. BONNIE BRAE W�GAI CAP
LOT 2
CHRISTOPHER M. WATTS
VOL. 5102, PG, 2398
D.R,D,C.T.
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LO7 3A
JONN P. DANSBY
VOL. l584, PG, 989
�.R.D,C,T,
NOTE: SET 1/2" T,R, W/ GAI CAP TO
BE SET AT END OF CON5TRUCTTON.
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VOL, 4704, PG. 1297
p.R,D.C.T.
BASIS OF BEARING IS NORTH AMERIGAN DATUM
OF 1983 (NAD-83) STAT� PLANE COORDINATE
SY5TEM, TEXA5 NORTH CENTRAL.
PARCEL 24-ROW-1
BEING
2,841 SQ.FT./0.07 ACRE
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
. CONSULTING ENGINEERS & PLANNERS
eoo six Fucs pRwE, sui� 600
ARLINOTON, TEXAS 7E011 (817) 6�40-8638
TBPE FlRM: F-1101/iHPLS FlRM7 101638-00
n
SCALE: 1 "= 60'
DATE� MARCH 2O12
J/Oenton/P24-ROW-i
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "A" - Page 2 of 2
PARCEL 24-ROW-1
LEGAL DESCRiPTION
BEING a 0.07 ac�•e tract of land situated in the O,S. Bxewster Survey, Abstract No. 56,
Denton County, Texas, baing a portion of Lot 2, Solar Way Addition as recorded in
Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to
Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton
County, Taxas and being more particularly described by metes and bounds as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of
said Lot 2, and being the noi�theast corner of Lot 3A, of said Solar Way Addition, and
being conveyed to John Dansby as recoxded in Volume 1554, Page 969, Deed Records,
Denton County, Texas, and being in the existing west right-of way line of Bonnie Brae
Street (havzng a variable width R.O.W.);
THENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of
70.20 feet to a set 1/2 inch iron rod with GAI cap for corner, for the POINT OF
BEGINNING, said point being in the proposed west right-of-way line of said Bonnie
Brae Street;
THENCE North 10°43'36" West, leaving said existing right-of-way line and along said
proposed right-of-way line, a distance of 84.19 feet to a set 1/2 inch iron rod with GAI
cap for corner, for the beginning of a tangent curve to the right having a radius of
1047.50 feet, a central angle of 4°48'26", and a long chord which bears North 08°19'23"
West, 87, 86 feet;
TIIENCE along said proposed west right-of-way line and along said tangent curve to tha
right, an arc distance of 87,88 feet to a set 1/2 inch iron rod with GAI cap for corner, said
point being in the north line of said Lot 2, and being in the south line of Lot 1 Solar Way
Addition as xecorded in Cabinet B, Page 196, Plat Records, Denton County, Texas and
being conveyed by deed to Jean M,G. Tunnell and Agnes H. Rogers, as xecorded in
Volume 994, Page 652, Deed Records, Denton CounTy, Texas, being a common line;
THENCE Noi�th 70°54'54" East, leaving said proposed wesi rigl�t-of-way line and along
said common line, a distance of 31,03 %et to a point for corner, said point being the
noxtheast coruer of said Lot 2 and also being in the said existing west right-of-way line
Bonnie Brae Street;
THENCE South 00°17'54" West, leaving said common line and along said existing west
right-of-way line, a distance of 179.80 feet to the POINT OF BEGINNING and
CONTAINING 2,841 square feet, 0.07 acres of land, more or less. ��
!''�.,� • G1 �'n r � � , �--�' �
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PAGE 1 OF 2 ,r:�'�
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"PROPERTY INTERESTS" EXHIBIT "B" - Page 1 of 2
3
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0
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Lc=54.51' ,
2216 S, BQNNIE
LOT 2
CHRZ570PHER M.
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2924 HIGHLAND PARK RD
MILTON B. CLEARMAN &
SPOUSE, ANITA A. CLEARMAN
VOL. 4437, PG. 2213
D.R.D,G,T.
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VOL. 4704, PG. 1297
D.R.O.C.T.
BA5T5 OF BEAAING IS NORTH AMERICAN pATUM
OF 1983' (NA�-89) STATE PLANE CDORDINATE
SYSTEM, 7EXAS NORTH CENTRAL.
PARCEL 24—USE-�1
BEING A
2,837 SQ.FT./0.�7 ACRE
UTILTTY & SLOPE EASEMENT
SITUATED ZN .THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56
DENTON COUNTY, TEXA.S
� Graham Associates,lnc.
■ CONSULTING ENGINEERS dc PLANNERS
aoo,six Fl.acs oRwE, sui� soo
�wuNcroN, tdus �ao» (e�� e4o—es�
7HPE FlRAI: F-1161/'fHpLS FlRMt 101 6 38-00
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SCALE; 1"= 60'
DATE: JULY 2011
J/penton/P24-USE-f
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "B" - Page 2 of 2
PARCEL 24-USE-1
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
BEING a 0.07 acre tract of land sihzated in the O.S, Brewster Su�vey, Absh•act No, 56, Denton
County, Texas, being a po�•tioxi of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44,
Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M, Watts, as
xecox•ded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and baing more
particularly described by metes and bounds as follows;
BEGINNING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and
being the noi�theast corner of Lot 3A, of said Solar Way Addition, and being conveyed to John
Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and bein�
in the existing west right-of way line of Bonnie Brae Street (having a variable width R.O,W.);
THENCE South 88°33'S6" West, leaving said existin� west right-of-way line and along the south
line of said Lot 2, a distance of 2.61 feet to a point for cornei;
TI-IENCE North 10°43'36" West, leaving said south line, a distance of 152,6'1 feet to a point for
corner, for the beginning of a tangent curve to the right having a radius of 1063.50 feet, a cantral
angle of 2°56'13", and a long chord which bears North 09°15'30" West, 54.51 feet;
THENCE along said tangent cuive to the right, an arc distance of 54.51 feet to a point for corner;
THENCE North 89°09'S7" East, a distance of 16.12 feet io a point for co�•ner, for the beginning of
a non-tangent cuive to the left having a radius of 1 �47.50 feet and a central angle of 2°49'�48" and
a long chord which bears South 09°18'42" �ast, 51.73 feet, said point being in the proposed west
right-of-way line of Bonnie B�•ae Steeet (having a variable width R.O.W,);
TH�NCl� along said proposed west right-of-way line and along said non-tangent curve to the left
an arc distance of 51,74 feat to a point for corner;
THENCE South 10°43'36" East, continuing along said p��oposed west right-of way line, a
distance of 84.19 feet to a point for corner, said point being in the existing west right-of way line
of said Bonnie Brae Street;
THENCE South 00°17'S4" West, along said existiuxg west right-of way line, a distance of 70.20
feet to the POINT OF BEGINNING and CONTATNING 2,837 sguare feet, 0.07 acres of land,
more or less,
�72.ZS• ZOIZ.
"PROPERTY INTERESTS" EXHIBIT "C" - Page 1 of 2
PAGE 1 OF 2 //� S�
� \�
�`����.r�'�
�i' <y `
��/ '«� JEAN M. G07TUNNELL 6
<°�'6' �
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VOL. 5102, PG. 2398 �'"�~ �
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2324 HIGHLAN� PARK RD
MILTON 8. CLEARMAN 6
SPOUSE, ANITA A. CLEARMAN
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COMMENCING
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VOL. 4704, PG. 1297
D.R.fJ.C.T.
BASTS DF BEARING IS NORTH AMERICAN DATUM
OF 1963 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CEN7RAL.
PARCEL 24—UDE--1
BEING A
537 SQ.FT./0.01 ACRE
UTILITY & DRAIYVAGE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56
, DENTON COUNTY, TEXAS
� Graham Associates,lnc.
. CONSULTING �NGINEERS dc PLANNERS
800 SIX FtACS DRIV�, SUIiE 500
,nHUNOroN. rocns �san (at� e4o-e�ss
7BPE FlRM: F-11G1/iBPLS FlRM: 101638-00
n
SCALE; 1"= 60'
DATE: JULY 2011
J/Denton/P24-UOE-i
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "C" - Page 2 of 2
PARCEL 24-UDE-1
LEGAL DES.CRIPTION
UTILITY & DRAINAGE EASEMENT
B�ING a 0.01 acre h�act of land situated in the O.S, Bx�ewstez• Survey, Abstract No, S6, Denton
County, Texas, being a portiou of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44,
Plat Records, Denton County, Texas and being conveyed Uy deed to Chi•istopher M. Watts, as
recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch i�•on �•od, said point being the southeast corner of said Loi 2,
and beuig the noi�theast corner of Lot 3A of said Solar Way Addition, and being conveyad to John
Dansby as recorded in Volurne 1554, Page 969, Deed Records, Denton County, Texas, and being
in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W,);
THENCE Noi�th 00°17'54" �ast, along said existing west right�of way line, a distance of 70,20
feet to a point for corner, said poizrt being in the propased west right-of-way line of said Bonnie
Brae Street;
THENC� Noi�th 10°43'36" West, leaving said existing xight-of-way line and along said proposed
west right-of-way line, a distance of 84.19 %et to a point for corner, %r the beginning of a
tangent curve to the right having a radius of 1047,50 feet, a central angle of 2°49'48", and a long
chord which bears North 09° 18'42° West, 51.73 feet;
THENCE continuing along said proposed west right-o%way line and along said tangent curve to
the right an arc distance of 51,74 feet to a point for the POINT OF BEG]NNING;
THENCE South 89°09'S7" West, leaving said proposed west right-af-way line, a distanee of
16.12 feet to a point for coiner, for the beginning of a non-tangent curve to the right having a
radius of 1063,50 feet and a central angle of 1°40'07" and a long chord which bears North
06°57'20" West, 30.97 feet;
THENCE along said noai-tangent cuive to the right an are distance of 30,9'7 feet to a point fo�•
corner, said point being in the north tine of said Lot 2, and being in the south line of Lot l, Solar
Way Addition as recorded in Cabinet B, Page 196, Plat Records, Dentan County, Texas and
being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994,
Page 652, Deed Records, Denton County, Texas, being a common line;
THENCE North 70°54'S4" East, along said common line, a distance of 16,43 feet to a point for
corner, for the beginning of a non-tangent cu�ve to the left having a i•adius of I047.50 feet and a
central angle of 1°58'37", and a lang chord which bears South 06°54'29" East, 36.1� feet, said
point being in p�•oposed west right-of-way line of said Bonnie Brae Street;
THENCE leaving said cominon line, along said proposed west right-of-way line and along said
non-tangent cuive to the left an arc distance of 36.15 feet to the POINT OF BEGINNING and
CONTATNING 537 square feet, 0.01 acres of land, more or less. �,
YKVYLK 1 Y 11V 1I:1ZL,� 1 a" LXti11311 "L" - YaEC 1 OI L
PAGE 1 OF 2 ��
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t�`�,� f� AGNES H. ROGER$ N
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2216 S, BONNIE BRAE ��
L07 2 � �
CHRTSTOPHER M. WA7TS
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LoT 3A
JOHN P. DANSBY
VOL. 1554, pG. 969
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MILTON B. CLEARMAN 0
SPOUSE, ANITA A, CLEARMAN
VOL, 4437, PG, 2213
D.R.�.C.T.
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D.R.D.C.T.
BA5I5 OF BEARING IS NORTH AMERICAN DATUM
OF 19B� (NAD-63) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 24—DE-1
BEING A
1,487 SQ.FT./0.03 ACRE
DRAINAGE EASEMENT
SITUATED IN THE 0. S. BREWSTER SURVEY
ABSTRACT N0. 56
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGINEERS dc PLANNERS
600 SIX FLAGS DRIVE, SUI'fE 600
ARIJNOTON, lE)(AS 78011 (Bi� 840-Bb3b
TBPE FlRIAS F-1101/iBPLS FlRAI: 1D1638-00
n
SCALE: 1"= 60'
DATE: JULY 2011
J/Denton/P24-�E-1
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "D" - Page 2 of 2
PARCEL 24-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
BEING a 0.03 acre tcact of land situated in the O,S, Brewster Survey, Abstract No. 56, Denton
County, Texas, being a poz•tion af Lot 2, Solac Way Addition as racorded in Cabinet H, Page 44,
Plat Records, Denton County, Texas. and beii�g co�iveyed by deed to Christopher M. Watts, as
recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more
pacticularly descxibed by metes and bounds as follows:
COMIv�NCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2,
and being the noz•theast corner of Lot 3A of said Solar Way Addition, and beiug conveyed to John
Dansby as recoi•ded in Volume 1554, Page 969, Deed Recoi•ds, Denton County, Texas, and being
in the existing west right-of way line of Boimie Brae Street (having a variable width R,O.W.);
THENCE North 00°17'S4" East, along said existing west riglxt-of way line, a distance of 70.20
feet to a point for cornei•, said point being in the proposed west right-of way line of said Bonnie
Brae Street;
THENCE Noi�th 10°43'36" West, leaving said existing right-of-way lina and along said pz•oposed
west right-of-way line, a distance of 84.19 feet to a point foi• corner, fo�• the beginning of a
tangent curve to the right having a radius of 1047.50 feet, a cent►•al angle of 2°49'48", and a long
chord which bears No��h 09°18'42" West, 51.73 feet;
TI�NCE continuing along said proposed west right-of-way line and along said tangent curve to
the a�ight an arc distance of 51.74 feet to a point fo�• cornar;
THENCE Souih 89°09'S7° West, leavuig said proposed �vvest right-of way line, a distance of
16.12 feet to a point for the POINT OF BEGINNING;
THENCE South 89°09'S7° West, a distance of 96.69 feet to a point for corner, said point being in
the north line of said Lot 2, and being in the south line of Lot 1, Solar Way Addition as
xecorded in Cabinet B, Page 196, Plat Recoxds, Denton County, Texas and being
conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page
652, Deed Reeords, Denton County, Texas, being a common line;
THENCE Noi�th 70°54'S4" East, along said coxnmon line, a distance of 98.34 feet ta a point for
corner, for the begizming af a non-tangent curve to the le$ having a radius of 1063,50 feet and a
ceniral angle of 1°40'07", and a long chord which bears South 06°57'20" East, 3097 feet;
THENCE leaving said common. line and along said non-tangent curve to the left an arc distance
of 30.97 feet to the POINT OF BEGINNING and CONTAINING 1,487 square feet, 0.03 acres of
land, more or less.
"PROPERTY INTERESTS" EXHIBIT "E" - Pa�e 1 of 2
PAGE 1 pF 2 � ���
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LOT 1 0
�� ���� JEAN M.G. 7UNNEUL 6 N
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VOL. 5102, PG.
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R=�047,50' VOL, 4437, PG. 2213
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PARCEL 24-5E-1
BEING A
213 SQ.FT./0.00 ACRE
SLOPE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGIN�ERS d� PLANNERS
60D SIX FLAOS DRIV� SUITE 600
ARUNcTON, TEXAS 76D11 (B1'J� e4o-e575
iBPE FlRAIt F-11G1/TBPLS FlRI.f 101638-00
n
SCALE: 1 "= 60'
DATE: JULY 2011
J/Oenton/P24-SE-�
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "E" - Page 2 of 2
PARCEL 24-5E-1
LEGAL DESCRIPTION
SLOPE EASEMENT
BETNG a 213 square foot tract of land sifuated in the O,S. Brewster Survey, Abstcact No. 56,
Denton Cotmty, Te�cas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet
H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to
Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County,
Texas and being more particularly described by metes and boi�nds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corncr of said Lot 2,
and beitxg the noi�theast corner of Lot 3A of said Solar Way Addition, and being conveyed to
John Dansby as recorded in Volume 1554,1'age 969, Deed Records, Denton County, Texas, and
being in the exzsting west i•ight-of-way line of Bonnie Bxae Stceet (having a variable width
R,O.W.);
TH�NCE Nortl� 00°17'S4" East, along said existing west right-of way 1ine, a distance of 70.20
feet to a point for corner, said point being in the proposed west right-of-way line of Boruiie Brae
Street (having a variable width R.O,W.);
THENCE No��th 10°43'36" West, leaving said existing west righi-of-vvay line and along said
proposed west right-of-way line, a distance of 84,19 feet to a point for corner, for the beginning
of a tangent curve to the right having a radius of 1047.50 feet and a central angle af 1°11'30" and
a long chord whieh bears North 10°07'S1" West, 21,79 feet;
TI�NCE continuing along said proposed west right-of-way line and along said tangent curva to
the rigl�t an arc dista��ce of 21.79 feet to a point far corner;
THENCE South 80°27'S4" West, leaving said proposed west right-of-way line, a distance of
16.00 feet to a point foz• the POINT OF BEGINNING;
THENCE North 29°55'41" West, a d'zstance of 36.72 feet to a paint for cor•ner;
THENCE North 89°09'S7" East, a distance of 13.44 feet to a point for corner, for the beginning of
a non-tangent curve to the laft having a radius of 1063,50 feet and a centcal augla of 1°44'42" and
a long chord which bears South 08°39'45" East, 32.39 feet;
THENCE along said non-tangent cux�ve to the left an arc distance o� 32.39 feet to a poiut for the
POINT OF BEGINNING and CONTAINING 213 square feet, 0,00 acres of land, more or less.
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CHRISTOP,HER M. WATTS
VOL. 5102, P6. 2398
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2220 5. BDNNIE BRAE
LOT 3A
JDHN P. DANSBY
VOL, 1554, PG, 969
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SPOUSE, ANI7A A, CLEARMAN
VOL, 4437, PG. 22]3
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HARLAN PROPERTIES, INC.
VOL. 47D4, pG, 1297
D.R.D,C,T.
BASIS OF BEARSNG IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE CDORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 24—TCE--1
BEING A
3,549 SQ.FT./0.�8 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56
DENTON COUNTY, TEXAS
^ Grahcam Associates,lnc.
((L,� CONSULTING ENGINEERS dc PLANNERS
BOD SIX FUGS DRIVE, SUIiE 60U
`:�� ,�uNOroN, �s.�so�t (s�» a4o--asa�
7BPE FlRM: F-11�1/TBPLS FlRIA: 1D1638-00
n
SCALE: 1"= 60'
DATE: JULY 2011
J/Dentan/P24-TCE-�
Page 2 of 2
"PROPERTY INTERESTS" EXHIBIT "F" - Page 2 of 2
PARCEL 24-TCE-1
LEGAL DESCRIPTION
T�MPORARY CONSTRUCTION EASEMENT
BEING a 0,08 acre tract o� land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in
Cabinet H, Page 44, Plat Records, Denton Cour�ty, Texas, and being conveyed by deed to
Clu•istopher M. Watts, as recoxded in Volume 5102, Page 2398, Deed Records, Denton
County, Texas and being mare particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being ihe sautheast corner of
said Lot 2, and being the northeast corner of Lot 3A, Solar Way Addition, as recorded in
Cabinet H, Page 44, Plat Records, Denton County, Texas, being a common line, and
being in the existing west right-of way line of Bonnie Bi•ae Street (having a vaxxable
width RO.W.);
THENCE South 88°33'S6" West, leaving said existing west right-of way line and along .
common line, a distance of 2.61 feet to a point for the POINT OF BEGINNING;
THENCE South 88°33'56" Wast, continuing along common lina, a distance of 75,01 feet
to a point for corner;
THENCE North O1°16'52" West, leaving said common line, a distance of 50.18 feet to a
point for corner;
THENCE North 88°43'08" East, a distance of 66.69 feet to a point for corner;
THENCE South 10°43'36" East, a distance of 50.67 feet to the P�INT OF BEGINNING
and CONTAINING 3,549 square feet, 0.08 acres of land, more or less.
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