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August 20, 2013 MinutesCITY OF DENTON CITY COUNCIL MINUTES August 20, 2013 After deternuning that a quonim was present, the City Council convened in a Work Session on Tuesday, August 20, 2013 at 3:00 p.m. in the Worlc Session Room at City Hall. PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawlcins ABSENT: Mayor Pro Tem Kamp 1. Citizen Comments on Consent Agenda Items Robert Donnelly spolce on Items 4E, F and G. He had questions concerning the bacictip regarding Bonnie Brae and the associated projects. In particular, he had a question concerning Bonnie Brae and Vintage and if those were separate issues. He also questioned the amount of money for the appraisals and the alignment of the roads. 2. Requests for clarification of agenda items listed on the agenda for August 20, 2013. Mayor Burroughs asked the Fire Chief to speak on Item 4J concerning the architect contract for the new fire station. Ross Chadwicic, Fire Chief, stated that staff was recommending Council approve the ordinance to design Fire Station #2. Council had requested an option for LEED certification versus non LEED certification. The LEED certification would add an additional $165,000 to the contract. Staff had made a commitment that the fire station, as a green station, would be sustainable for 50 years whether LEED or not. Direction was needed from Council on whether to continue with the LEED certification in the contract. Mayor Burroughs stated that the cost for constniction was $3.4 nullion with $550,000 for design and oversight of the project. $165,000 was for LEED certification. He aslced about the difference for the architect. Chadwicic stated that the contract under consideration included the $165,000. The ordinance could still be adopted with direction from Council to remove the $165,000 if Council desired not to go with the LEED certification. Council Member Hawlcins questioned if the design would change if not LEED certified. Chadwick stated that the station would still be green and sustainable. Council Member Hawlcins asked what LEED certification did for the station. Chadwicic stated that it basically was a piece of paper certifying that the station was LEED certified and provided bragging rights. Hawlcins aslced if the certification had to be done at this time or could it be applied for in the future. City of Denton City Council Minutes August 20, 2013 Page 2 Chadwicic stated that the certification would have to be done now. If the station was not LEED certified, the architect recommended that energy modeling be done to loolc at all energy options on what would work best for the station and what would not. Council Member Gregory stated that one of the reasons to apply the LEED certification now had to do with the design and procurement of materials. Part of what the City was paying for was a third party getting materials locally to reduce transportation costs, etc. A presentation at the Committee on the Environment indicated that Station #7 had specific design issues that made it hard for the people who were there on a 24 hour basis. He aslced how many design changes would need to talce place and hamper the redo of Station 2 for LEED. Chadwicic stated that other options would be used to off-set those issues and felt confident the City could receive gold certification if it wanted. Council Member Gregory stated that a previous Council had made this comnutment to do LEED certification and questioned if this Council would have to undo a resolution if LEED certification was not desired for this station. City Manager Campbell stated that Council could just provide direction on the stanis of the LEED certification. Council Member King aslced for an example of something that was in the way at Station 7 that was LEED certified. Chadwick stated that one item was the automatic shutoffs on sinks. It often times took longer to get cleared up after a fire than the sinks would allow. Council Member Engelbrecht aslced if the $165,000 for Station 2 would be the same amount for the other two stations. Chadwicic stated that the cost might go up or down depending on the cost of constniction. The other two stations would not have to be LEED certified if Council did not want to go in that direction. City Manager Campbell stated that it was anticipated that the proposed design of Station 2 would be used for Stations 3 and 4. Chadwicic stated that part of design process included the development of a manual based on the station design so that future stations would resemble Station 2. Council Member Roden stated that he was in favor of LEED certification and wanted to encourage the private sector to do this as we1L It was also good for the City to show that it was doing this. Mayor Burroughs stated that he would lilce future Councils to malce Denton the greenest city in the U.S. A LEED certification would show off the City from other cities. City of Denton City Council Minutes August 20, 2013 Page 3 Council Member Engelbrecht stated that one of the issues was the costs for LEED. At some point the community at-large needed to make a statement to LEED certifiers that the cost was out of bounds. Council Member Gregory was in favor of the LEED certification with this station but was not sure about the future stations. Council Member Hawlcins aslced if the design would be the same building whether LEED certified or not. Chadwicic stated that it would be pretty close. Council Member Hawlcins felt that $165,000 was a lot of money but that if it was going to be done, then all of the stations should be done and not just one. Council Member King stated that he was all about sustainability and that it should be done as must as possible. However, he did not feel that LEED certification was necessary. If the LEED certification was not done then it would be necessary to make sure it was lcnown that the station was on track for the certification. City Manager Campbell stated that the $165,000 difference was for the architectural design and not for constniction. Without the certification, there might be different windows or the collection of rainwater might not be included. Chadwick stated that those would be included even if not LEED certified. Jon Fortune, Assistant City Manager, stated that the $165,000 was for monitoring of constniction for the certification. It would provide oversight of the process and certification that the proj ect met the standards to meet LEED certification. Mayor Burroughs questioned what would happen if no clear direction was provided at this meeting. Chadwicic stated that the sooner the decision was lcnown, the better it would be for the design process. Council could approve the contract and then amend it if necessary in the future. Mayor Burroughs announced that Items 7B, C, and D were being removed from the agenda and would not be considered. Council Member Gregory stated that Item U did not have a listing in Closed Session and felt uncomfortable moving on that item unless he had some legal consultation. City Attorney Burgess stated that the agenda listed a provision that the Council reserved the right to go into Closed Session on any item allowed. That item could be included in a Closed Session. Council Member Gregory requested that Item U be added to the Closed Session. 3. Receive a report and hold a discussion, and give staff direction regarding various City of Denton City Council Minutes August 20, 2013 Page 4 professional services agreements between the City of Denton and Graham Associates, Inc. and Freese and Nichols relating to the widening and improvements to Bonnie Brae Street, Vintage Boulevard, and Mayhill Road. Frank Payne, City Engineer, stated that the City applied for regional toll revenue funding for several major transportation projects in August 2007. In August 2008 the Bonnie Brae Project was selected for funding. He showed the original proj ect that was in the advanced funding agreement with the State and detailed the funding amounts per source by fiscal year. He also reviewed the history of the approval of the project. A modified layout was presented to Council on July 17, 2012. At that time, Council approved the use of the remaining funding on Bonnie Brae to pay for the widening of Vintage Blvd, the widening Bonnie Brae from just north of Scripture to US 380 and for acquiring right-of-way for the future widening of Bonnie Brae from I35E to just north of Script�ire. Remaining funding consisted primarily of money not spent to widen Bonnie Brae south of Vintage. Staff prepared a TIP modification, anticipating that funding from Denton County Precinct 2 could be used for Vintage. The TIl' modification was to be entered in the NCTCOG application for screening prior to RTC and TxDOT approval. The modified funding amounts per source by fiscal year were reviewed. The TIl' modification originally subnutted to NCTCOG counted on the use of all Denton County money approved for Vintage Blvd. and left- over street bond funds as additional local match. The RTR funding was to remain the same overall at $46 nullion with a redistribution of funds between engineering, right-of-way, utility relocations and constniction. COG did not approve the TIP modification as presented by the City through Innovative Transportation Solutions because it could not agree to the inclusion of Vintage Blvd. west of Bonnie Brae. The project extents approved by COG and the basis for TIP modification was presented. The TIP modification approved for submission by COG included the section of Vintage from Bonnie Brae east to US Highway 377. It maintained the original tie bacic to US 377 removed by eliminating the southern section of Bonnie Brae. Vintage, west of Bonnie Brae, was to be treated as a separate proj ect. Payne next reviewed the modified funding amounts per source by fiscal year - final figures. The TIP modification included a total of $14 nullion by the City or roughly $4.9 million more than originally budgeted. The actual funding remaining from street bond funding was approximately $2 nullion. The additional $2.9 million needed could come from (1) selling additional Certificates of Obligation, (2) project savings, (3) transfer from General Obligation Bonds remaining in other projects, (4) County money slated for Vintage Blvd., or (5) interest income from deposited funds. The original Graham Associates contract still had approximately $1 nullion left on the contract. The original fee was split at appro�mately 72% for north of Vintage and 27% south of Vintage. The contracts on the later agenda were for additional work on Vintage and Bonnie Brae. Payne reviewed the details of the Graham contract The engineering costs included in the modified budget were intended to cover all professional services including engineering, right-of-way acquisition, internal staff costs and legal fees. Council Member Gregory requested a listing of the sources of funding and where the fund savings came from. City of Denton City Council Minutes August 20, 2013 Page 5 Mayhill Road widening and improvements proj ect — Council approved the original contract with Freese and Nichols in the amount of $4.5 million on October 19, 2010. Right-of-way acquisition included the purchase of a number of properties having existing stnictures that had to be removed. In order to remove the stnict�ires, the possible presence of asbestos had to be determined. The original contract was amended to include an asbestos survey of 19 stnictures. As the project evolved, additional items were required beyond the original scope. Options for the amended contract included whether to approve the professional services agreements as discussed and presented on the Consent Agenda or decline to approve the professional services agreements as recommended. Staff recommended approval of the professional services agreements as listed on the Consent Agenda. 4. Receive a report, hold a discussion and give staff direction regarding economic development strategies. Aimee Bissett, Director of Economic Development, presented an overview review of the EDP stnicture, a discussion of FY 2013-14 objectives, a discussion of a new strategic plan, and a request for direction from Council. There were several reasons for relocating to Denton. They included (1) convenience to come to Texas, (2) deciding whether to consider north Texas specifically, and (3) reasons why the business should want to come to Denton. The membership of the Economic Development Partnership Board, partnership staffing, Chamber Econonuc development and additional participation was reviewed. Mayor Burroughs left the meeting. Bissett reviewed economic development best practices, including entrepreneurship and small business development; business retention and expansion; and recniitment of large employers and taxpayers. Additional areas of review included business attraction, the top 20 taxpayers, and the top five private employers. Council Member Roden asked what was done to market Denton to potential businesses. Bissett stated that site selectors looked at an area and statistics for criteria for loolcing at Denton. The process was really managed by site selectors. Council discussed the methods used to attract potential businesses to Denton such as conference attendance, various state programs, and networlcing with site selectors. The perception of Denton poverty and how students affected the Denton economy was presented. Retailers looked at that poverty level and did not feel Denton was able to support high end retailers. Mayor Burroughs returned to the meeting. Positives for Denton — the econonuc area was affordable and had locally-owned business. The social area was local-centric and environmentally nunded. Politically, Denton had grassroots City of Denton City Council Minutes August 20, 2013 Page 6 politics with actively engaged citizens. In the cultural area, Denton had a creative section with music and arts along with festivals and events. Bissett presented an outline of seven potential strategies for improving econonuc development programs and options for the development of a new strategic plan. The seven potential strategies included (1) entrepreneurship and small business, (2) business retention and expansion, (3) identification of target industries, (4) marlceting/recniitment team, (5) filling the GAP, (6) effective incentives, and (7) strategic planning. Mayor Burroughs suggested including access to local university research in #3 strategy for identification of target industries. Council Member Roden stated that he had suggested this topic as a budget priority because he felt the current plan was out of date. He suggested thinlcing about what to invest in this budget cycle, what do in this year for a low to nunimal cost and decide whether to put more money in it. Bissett stated that staff was worlcing on advancing the plan with LTNT Mayor Burroughs stated that Council was encouraging of the process. He questioned when would be the right time to do an analysis. He was also comfortable with the retail side and felt it would be increasing very soon in the future. Council Member Hawlcins stated that a one stop shop for small business and a fast tracic for large businesses would be great. Mayor Burroughs stated that Item D1 in the Closed Session would not be considered and that the general budget discussion would be considered either after the completion of the Closed Session or after the regular session. Following the completion of the Work Session, the Council convened in a Closed Session to consider the following: A. Closed Meeting: A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. 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. Survey, Abstract No. 927, the M.E.P. & P.R.R. Survey, Abstract 1473, the R.B. Longbottom Survey, Abstract Number 775, the Caswell Carter Survey, Abstract Number 275, the Daniel D. Gulp Survey, Abstract 287, and the M Yoacham Survey, Abstract 1442, City of Denton, Denton County, Texas, and generally located north of McKinney Street, east along Paisley Street, and north following Loop 288. Consultation with the City's attorneys regarding City of Denton City Council Minutes August 20, 2013 Page 7 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 adnunistrative proceeding or potential litigation. 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 James Edmonson Survey, Abstract No. 400, Denton County, Texas, located generally in the 3100 Blocic of South Bonnie Brae Street, the property interests being within an unincorporated area of Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property interests 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 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. Discuss, deliberate, and receive further information regarding the purchase of certain real property interests located in the Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, and generally located at the south east corner of Loop 288 and Locust 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 adnunistrative proceeding or potential litigation. B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Receive competitive public power information and competitive financial information from staff regarding plans and strategies involved with the Energy Management Division proposed for Denton Municipal Electric ("DME") regarding electric power marlceting analyses and strategies. Consultation with the City's attorneys regarding legal issues associated with the same, 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. City of Denton City Council Minutes August 20, 2013 Page 8 2. Receive competitive public power information and financial information from staff regarding approval of the Genscape, Inc., a Delaware Corporation, "Master License and Services Agreement (North America)," being a three-year agreement, and being a sole-source acquisition which is exempt from the requirements of competitive bidding under the provisions of Section 252.022, Texas Local Government Code, for software relating to bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services for purposes of supporting the Energy Management Division of DME; discuss, deliberate, provide staff with direction, consider and take final action regarding said Agreement. Consultation with the City's attorneys regarding legal issues associated with the above acquisition 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. Council Member Gregory motioned, Council Member Roden seconded to authorize the City Manager to execute the contract. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without linutation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. D. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Receive a report and hold a discussion with City's attorneys regarding the City of Denton Sign Ordinance. This item was not considered. E. Deliberations regarding Personnel Matters - Under Texas Government Code Section 5 51.074. 1. Deliberate and discuss the appointment and duties of public officers to boards or comnussions exercising discretionary or nile malcing power as opposed to purely advisory powers, which includes without linutation the Health and Building Standards Comnussion, the Historic Landmarlc Comnussion, the City of Denton City Council Minutes August 20, 2013 Page 9 Planning and Zoning Commission, and the Zoning Board of Adjustment. This item was not considered. Regular meeting of the City of Denton City Council at 7:00 p.m.in the Council Chambers at City Hall. 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. Women's Right to Vote Weelc Mayor Burroughs presented the proclamation for Women's Right to Vote Weelc. 2. Live United Month Mayor Burroughs presented the proclamation for Live United Month. 3. 2013 Miss Texas Mayor Burroughs presented the proclamation for 2013 Miss Texas proclamation. 4. Mean Green Pride Fridays This proclamation was not presented at the meeting. 3. CITIZEN REPORTS There were no citizen reports at this meeting. 4. CONSENT AGENDA Council Member Gregory motioned, Council Member King seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. Resolution No. R2013-020 A. Consider approval of a resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. City of Denton City Council Minutes August 20, 2013 Page 10 Ordinance No. 2013-198 B. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L70G Wheel Loader for the City of Denton Water Distribution Department as awarded by the State of Texas (Contract TXMAS-13-23V010); providing for the expenditure of funds therefor; and providing an effective date (File 5327-Wheel Loader for Water Distribution Department awarded to Romco Equipment Company in the amount of $143,580). The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-199 C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of Vintage Boulevard from Bonnie Brae Road East to U. S. Highway 377 in an amount not-to-exceed $557,402; providing for the expendinire of funds therefor; and providing an effective date (File 5328-awarded to Graham Associates, Inc.). Ordinance No. 2013-200 D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for preliminary design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from Interstate Highway 35 East to north of Scripture Road in an amount not-to-exceed $292,575.68; providing for the expenditure of funds therefor; and providing an effective date (File 5329-awarded to Graham Associates, Inc.). Ordinance No. 2013-201 E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from north of Scripture Road to U.S. Highway 380 in an amount not-to-exceed $831,196.50; providing for the expenditure of funds therefor; and providing an effective date (File 5330-awarded to Graham Associates, Inc.). Ordinance No, 2013-202 F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of Vintage Boulevard from Bonnie Brae Road west to Interstate Highway 35 West in an amount not-to-exceed $331,565; providing for the expenditure of funds therefor; and providing an effective date (File 5331-awarded to Graham Associates, Inc.). Ordinance No. 2013-203 G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a Second Amendment to a Professional Services Agreement for City of Denton City Council Minutes August 20, 2013 Page 11 Engineering and Design Services relating to the Mayhill Road widening and Improvements Project, by and between Freese and Nichols, Inc. and the City of Denton, Texas, providing for the expenditure of funds therefor; and providing an effective date (File 4511-providing for an additional expenditure amount not-to- exceed $488,835 with the total contract amount not-to-exceed $5,040,742). Ordinance No. 2013-204 H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Resolved Energy Consulting, LLC, for Utility Consulting Services for Denton Municipal Electric for a three (3) year period, in an amount not-to-exceed $520,000; authorizing the expenditure of funds therefor; and providing an effective date (File 5332 awarded to Resolved Energy Consulting, LLC). The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-205 L Consider adoption of an ordinance by the City of Denton Texas, authorizing the City Manager to execute the Second Amendment to professional and personal services agreement with AR/WS Texas, LP, for further services regarding the procurement and delivery of land rights for the Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project; authorizing the expenditure of additional funds therefor in an amount not-to- exceed $191,800; and providing an effective date (File 4744-AR/WS Texas, LP aggregating an amount not-to-exceed $637,200). The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-206 J. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for architectural and design services with Kirkpatrick Architecture Studio for the design of Fire Station 2 to be located at 3311 East McKinney Street, Denton, Texas in an amount not- to-exceed $555,500; providing for the expenditure of funds therefor; and providing an effective date (File 5334-awarded to Kirlcpatricic Architecture Studio). Resolution No. R20013-021 K. Consider approval of a resolution repealing Resolution No. R2006-014 which established a Public Art Policy for the City of Denton, and establishing a revised Public Art Policy for the City of Denton, Texas; and providing for an effective date. Ordinance No. 2013-207 L. Consider adoption of an ordinance amending Chapter 22 "Parlcs and Recreation", of the Code of Ordinances, City of Denton, Texas by amending Section 22-4, "Duties" to provide that the Board shall have the duty to malce recommendations to the City Council and the Parlcs and Recreation director regarding policy matters related to public art; amending Section 22-6, to provide for a City Council appointed nine-member Public Art Committee to serve as an advisory board to City of Denton City Council Minutes August 20, 2013 Page 12 the City Council; repealing Ordinance No. 2006-105; and providing an effective date. Resolution No. R2013-022 M. Consider approval of a resolution of the City Council of the City of Denton, Texas receiving and accepting the City of Denton, Texas Master Drainage Study of the Downtown Implementation plan (?"DTIP") and the Tax Increment Finance Districts ("TIF") - 2013, conducted by Teague Nall and Perlcins, Inc. and HALFF Associates, Inc; and providing an effective date. Resolution No. R2013-023 N. Consider approval of a resolution allowing Corey Pond, of The Common Table, to be the sole participant allowed to sell alcoholic beverages at the Canned Festival, to be held in Williams Trade Square (parlcing area bordered by E. Hicicory and Mulberry Streets; east of Wells Fargo Banlc; and west of 210 E. Hicicory), on October 5, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Staff recommends approval. A�roved the noise exception request below. O. Consider a request for an exception to the Noise Ordinance for the purpose of the Canned Festival sponsored by Spune Productions. The event will be held on City property, Williams Trade Square, on Sanirday, October 5 from 2 p.m. to 10 p.m. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval of request. A�proved the noise exception request below. P. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a new event, Friends with Benefits Concert. The concert will be located at 1209 W. Hickory Street, beginning at 11:30 a.m. and concluding at 10:00 p.m. on Sunday, September 1, 2013. This request is for amplified sound and an increase in decibels from 70 to 75. Staff recommends approval of request. Resolution No. R2013-024 Q. Consider approval of a resolution approving the issuance of Revenue Bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society in an aggregate principal amount not to exceed $115,000,000; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal or interest on the Revenue Bonds; malcing certain findings in connection therewith; and providing an effective date. A�roved the noise exception request below. R. Consider a request for an exception to the Noise Ordinance for the purpose of the 15th Annual Denton Blues Festival, sponsored by the Denton Blacic Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 21, 2013, from 1:00 p.m. to 10:30 p.m. and Sunday, September 22, 2013, from City of Denton City Council Minutes August 20, 2013 Page 13 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and for amplified sound on Sunday, and an increase in sound levels from 70 to 75 decibels. Resolution No. R2013-025 S. Consider approval of a resolution allowing the Blacic Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 21-22, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Resolution No. R2013-026 T. Consider approval of a resolution of the City of Denton, Texas, supporting Proposition 6 on the November 2013 Texas Constitutional Amendment Election called by the State of Texas, relating to water infrastnicture funding. Ordinance No. 2013-208 U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute and Oil and Gas Lease (the "Lease") between the City of Denton, Texas, as Lessor and Eagleridge Energy, LLC, as Lessee, as attached to the ordinance and made a part thereof as Exhibit "A", said lease providing for a twelve (12) month primary term and other terms and provisions as described therein, and leasing approximately 10.0513 acres of real property, located in the Eugene Puchalslci Survey, Abstract No. 996, and located approximately along the 3100 blocic of West Prairie Street, providing findings; and providing an effective date. (Old Armory Tract Lease) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nonunations/appointments to the City's Econonuc Development Partnership Board. Aimee Bissett, Director of Economic Development, stated that the Nominating Committee met and was bringing forward four nominations for Council consideration. Those nonunations were Virgil Strange representing the Chamber of Commerce, Dalton Gregory representing the City Council, Cleve Breedlove representing aviation and Jim Fylces representing the top 20 taxpayer category. Council Member Engelbrecht motioned, Council Member King seconded to approve the nominations. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins - "aye". Motion carried unanimously. City of Denton City Council Minutes August 20, 2013 Page 14 B. Consider nominations/appointments to the City's Boards & Commissions. 1. Airport Advisory Board 2. Community Development Advisory Comnuttee 3. Health & Building Standards Comnussion 4. Historic Landmark Commission 5. Human Services Advisory Comnuttee 6. Library Board 7. Parks, Recreation and Beautification Board 8. Public Art Committee 9. Public Utilities Board 10. Traffic Safety Commission 11. Zoning Board of Adjustment Nominations were: Community Development Advisory Comnuttee — Ira Weinstein Health & Building Standards — Cody Robinson; David Hoenig Human Services — Ira Weinstein Library Board — Bonnie McCormicic Parlcs and Recreation — Russ Stulcel Public Art Committee — Jim Clement Public Utilities Board - Barbara Russell Zoning Board of Adjustment — Barbara Gailey Council Member Roden motioned, Council Member King seconded to approve the nominations. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. 6. PUBLIC HEARINGS A. Hold a public hearing and receive citizen input on the FY 2013-14 Proposed Budget. Chucic Springer, Director of Finance, stated that the City Charter and State law required that prior to budget adoption, a public hearing be conducted to allow citizens the opportunity to provide input on the proposed budget. He reviewed the priorities for the budget, the key focus areas, and the expenditures and resources for the budget. Utility rate adjustments were proposed with the overall rate impact for the average customer discussed. Council Member Roden aslced where a citizen would find more details on the budget. Springer stated that information was posted on the City website with hard copies at the Library. The Mayor opened the public hearing. City of Denton City Council Minutes August 20, 2013 Page 15 No one spolce during the public hearing. The Mayor closed the public hearing. No action was required on this item at this meeting. B. Hold a public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollbacic rate or the effective rate. Chucic Springer, Director of Finance, stated that the Texas Constitution and the Texas Property Tax Code required taxing units to comply with specific guidelines in adopting tax rates. He reviewed the effective tax rate and rollbacic rate. The Mayor opened the public hearing. No one spolce during the public hearing. The Mayor closed the public hearing. No action was required on this time at this time. Ordinance No. 2013-209 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an initial zoning request of Industrial Center General (IC-G) for approximately 6.88 acres of land, generally located approximately 1,250 feet south of the McKinney Street and Grissom Road intersection, legally described as Lot 1, Block 1 of the Lake Dallas Storage Addition; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (6-0). Ron Menguita, Planning Supervisor, presented the details of the proposal. This proposal would allow Atmos Energy to move forward with a specific use permit to install a telecommunication tower that would be over 50 feet in height. The request would then come bacic for a public hearing during the specific use pernut process. This property was recently annexed and was designated with the RD-5 zoning category. After the initial discussion, staff recommended that the area not zoned but owned by the City also be included as part of this initial zoning request It was felt that this would be an opportunity to zone the entire area that the City owed with one application. However, at the Planning and Zoning Comnussion public hearing, there was opposition to the initial zoning by property owners within 500 feet of the proposed area. Before concluding the public hearing, the Planning and Zoning Commission continued this item to the next meeting to give staff and the applicant time to hold a public meeting. Staff and the applicant met internally and based on the comments received, staff and the applicant decided to withdraw the amendment and to linut the area of the initial zoning request bacic to the original request. The purpose of tower was for safe communication. A review was presented of future zoning, current zoning, and proposed zoning. The Planning and Zoning Comnussion and Development Review Committee recommended approval. City of Denton City Council Minutes August 20, 2013 Page 16 The Mayor opened the public hearing. No one spolce during the public hearing. The Mayor closed the public hearing. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. D. Hold a public hearing and consider approval of the alignment of the Northeast Transnussion Line Rebuild Project as requested by the Haisler fanuly, property owners of the 53 acre tract located at the southeast corner of Loop 288 and Locust Street, City of Denton, Denton County, Texas. The Public Utilities Board recommends approval (5-0). Phil Williams, General Manager — DME, presented the details of the public hearing. Last year Council approved the final section of the Northeast Transmission Line Rebuild Project. At that meeting, Council gave direction to DME to worlc with the Haisler fanuly to determine an alignment that would be acceptable to the property owner and the neighborhood while meeting the requirements of DME. In worlcing with the land owner a proposal was developed to put an expanded tract on bacic side of the property with a 105 foot easement instead of the traditiona175 foot easement. This would allow for preservation of a tree line on the bacic side of the homes. A neighborhood meeting was held on July 8th to discuss the alignment with the neighborhood. Twenty six people attended the meeting with 6 comments subnutted in favor of the alignment recommended by the Haislers and 7 comments in opposition to the alignment. The Public Utilities Board recommended approval following their public hearing on the proposal. Council Member Gregory aslced if the City was just purchasing the easement and what the land could be used for. Williams stated that the land would stay under the ownership of current owner. No stnictures could be built under lines or in the easement. The Mayor opened the public hearing. The following Spealcer Cards were submitted: Dalton Allen, 111 Lexington, Denton, 76205 - spolce in favor. Comment cards were subnutted by: J. Haisler, 1200 Cowling Road, Sanger, 72266 — in favor of the proposed route Shirley Haisler, 1200 Cowling Road, Sanger, 72266 — in favor of the proposed route Additional spealcers included: City of Denton City Council Minutes August 20, 2013 Page 17 Paul Townsend, 104 Neptune, Denton - opposed Beth Powell, 402 Redstone, Denton - opposed David Robertson, 409 Redstone — opposed The Mayor closed the public hearing. Council Member Hawlcins aslced if there were any lcnown health issues related to the transmission lines. Williams stated that the best Federal study was done in 2002. That exhaustive study found no correlation to any health problems with electromagnetic fields. Council commented on how hard a decision this was based on what would have least impact on the neighborhood and what was beneficial for the route. The extended easement would save the trees and was a plus for the alignment. It was difficult to install infrastnicture without affecting someone. Council Member Roden motioned, Council Member King seconded to approve the line as presented. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins - "aye". Motion carried unanimously. 7. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS Ordinance No. 2013-210 A. Consider adoption of an ordinance (� finding that a public use and necessity exists to acquire through the exercise of the right of enunent domain fee simple title to the surface estate, with waiver of surface use related to the nuneral estate, of a 0.5103 acre tract of land to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Project"), the affected lands and interests being generally sihiated in the M.E.P. & P.R.R. Survey, Abstract Number 1473, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 19P - Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes August 20, 2013 Page 18 Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner had reached an impasse. Approval of the proposed ordinance authorized staff to acquire the land right necessary by way of exercising the City's eminent domain authority. Council Member Gregory motioned, Council Member Roden seconded the following: "I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize the use of the power of enunent domain to acquire fee acquisition encumbering 0.5103 acre of real property, being generally located in the M.E.P. & P.R.R. Survey, Abstract No. 1473 and all being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Proj ect in the City of Denton, Texas." Real property description is attached as Exhibit 1 to the minutes. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. B. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of enunent domain an Electric Utility Easement encumbering a 0.1739 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of enunent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 20P - Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (5-0). This item was not considered. C. Consider adoption of an ordinance (� finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 3.5624 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly City of Denton City Council Minutes August 20, 2013 Page 19 described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (I� authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II� authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (V� providing an effective date. (Parcel 21P - Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (4-0). This item was not considered. D. Consider adoption of an ordinance (� finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 2.0203 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (I� authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II� authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (V� providing an effective date. (Parcel 22P - Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (4-0). This item was not considered. Ordinance No. 2013-211 E. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of enunent domain an Electric Utility Easement encumbering a 2.9001 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (V� providing an effective date. (Parcel 26P - Denton Municipal City of Denton City Council Minutes August 20, 2013 Page 20 Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (5-0). Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner had reached an impasse. Approval of the proposed ordinance authorized staff to acquire the land right necessary by way of exercising the City's eminent domain authority. Council Member King motioned, Council Member Engelbrecht seconded the following: "I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize the use of the power of enunent domain to acquire fee acquisition encumbering 2.9001 acres of real property, being generally located in the R. B. Longbottom Survey, Abstract No. 755 and all being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Proj ect in the City of Denton, Texas." Real property description is attached as Exhibit 2 to the minutes. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. Ordinance No. 2013-212 F. Consider adoption of an ordinance (� finding that a public use and necessity exists to acquire through the exercise of the right of enunent domain an Electric Utility Easement encumbering a 0.1911 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (V� providing an effective date. (Parcel 28P - Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (5-0). Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner had reached an impasse. Approval of the proposed ordinance authorized staff to acquire the land right necessary by way of exercising the City's eminent domain authority. Council Member Roden motioned, Council Member Gregory seconded the following: City of Denton City Council Minutes August 20, 2013 Page 21 "I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize the use of the power of enunent domain to acquire fee acquisition encumbering 0.1911 acre of real property, being generally located in the R. B. Longbottom Survey, Abstract No. 755 and all being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Proj ect in the City of Denton, Texas." Real property description is attached as Exhibit 3 to the minutes. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. Ordinance No. 2013-213 G. Consider adoption of an ordinance (� finding that a public use and necessity exists to acquire through the exercise of the right of enunent domain an Electric Utility Easement encumbering a 0.8652 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (V� providing an effective date. (Parcel 29P - Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (5-0). Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner had reached an impasse. Approval of the proposed ordinance authorized staff to acquire the land right necessary by way of exercising the City's eminent domain authority. Council Member Engelbrecht motioned, Council Member Roden seconded the following: "I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize the use of the power of enunent domain to acquire fee acquisition encumbering 0.8652 acre of real property, being generally located in the R. B. Longbottom Survey, Abstract No. 775 and all being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Proj ect in the City of Denton, Texas." Real property description is attached as Exhibit 4 to the minutes. City of Denton City Council Minutes August 20, 2013 Page 22 On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. Ordinance No. 2013-214 H. Consider adoption of an ordinance (� finding that a public use and necessity exists to acquire through the exercise of the right of enunent domain an Electric Utility Easement encumbering a 6.8289 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the Caswell Carter Survey, Abstract Number 275, and the Daniel D. Gulp Survey, Abstract 287, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of enunent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 33P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0). Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner had reached an impasse. Approval of the proposed ordinance authorized staff to acquire the land right necessary by way of exercising the City's eminent domain authority. Council Member Hawlcins motioned, Council Member Roden seconded the following: "I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize the use of the power of enunent domain to acquire fee acquisition encumbering 6.8289 acres of real property, being generally located in the Caswell Carter Survey, Abstract No. 275 and Daniel D. Gulp Survey, Abstract No. 287, and all being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Project in the City of Denton, Texas." Real property description is attached as Exhibit 5 to the minutes. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. Ordinance No. 2013-215 L Consider adoption of an ordinance (� finding that a public use and necessity exists to acquire through the exercise of the right of enunent domain an Electric City of Denton City Council Minutes August 20, 2013 Page 23 Utility Easement encumbering a 0.8052 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the Daniel D. Gulp Survey, Abstract 287, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (V� providing an effective date. (Parcel 35P - Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (4-0). Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner had reached an impasse. Approval of the proposed ordinance authorized staff to acquire the land right necessary by way of exercising the City's eminent domain authority. Council Member Gregory motioned, Council Member Roden seconded the following: "I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize the use of the power of enunent domain to acquire fee acquisition encumbering 0.8052 acre of real property, being generally located in the Daniel D. Gulp Survey, Abstract No. 287 and all being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Proj ect in the City of Denton, Texas." Real property description is attached as Exhibit 6 to the minutes. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. Ordinance No. 2013-216 J. Consider adoption of an ordinance (� finding that a public use and necessity exists to acquire through the exercise of the right of enunent domain an Electric Utility Easement encumbering a 0.0560 acre tract to be used and utilized for and in connection with the expansion, constniction, maintenance, replacement, augmentation, and improvement of electric transnussion and distribution lines, facilities, and stnictures (herein the "DME Expansion Proj ect"), the affected lands and interests being generally situated in the M. Yoacham Survey, Abstract 1442, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to City of Denton City Council Minutes August 20, 2013 Page 24 acquire the Property Interests; (II� authorizing the expenditure of funds therefore; (IV) malcing findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 48P - Denton Municipal Electric 691cV Spencer to Denton North Interchange Transnussion Line Upgrade Project) The Public Utilities Board recommends approval (5-0). Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner had reached an impasse. Approval of the proposed ordinance authorized staff to acquire the land right necessary by way of exercising the City's eminent domain authority. Council Member Engelbrecht motioned, Council Member Roden seconded the following: "I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize the use of the power of enunent domain to acquire fee acquisition encumbering 0.0560 acre of real property, being generally located in the M Yoacham Survey, Abstract No. 1442 and all being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Proj ect in the City of Denton, Texas." Real property description is attached as Exhibit 7 to the minutes. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawlcins —"aye". Motion carried unanimously. 8. CITIZEN REPORTS There were no citizen reports for this section of the meeting. 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. City of Denton City Council Minutes August 20, 2013 Page 25 Mayor Burroughs noted that the North Texas State Fair was currently underway. Mayor Burroughs stated that Council would be returning to the Work Session plus a possible Closed Session. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs stated that there was a possibility of the Council returning to Close Session after the completion of the remaining Work Session item. Council renirned to the Work Session at 8:35 p.m. 5. Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14 City Manager's Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Chuck Springer, Director of Finance, stated that he did not have a formal presentation but would answer any questions from Council. Additional information would be presented to Council at the September lOth meeting. Mayor Burroughs aslced Springer to restate the time line for the budget items. Springer stated that Council could call any special worlc session between now and the lOth. A special work session was scheduled for September lOth and adoption of the budget on September 17th. A public hearing would be held on September lOth for the budget and tax rate. Council Member Gregory stated that there were currently comments out on social media about a Denton splash parlc. If Denton citizens could raise $100,000, they would lilce the City to match those funds. He noted there was nothing in the budget for that item. John Cabrales, Assistant City Manager, stated that after visiting with the Director of Parlcs and Recreation, it was felt that if the citizens raised the $100,000 there would be some funding options for the City to consider. Council Member Roden stated that the goal seemed pretty ambitious at this point. Council Member Hawlcins aslced if there was a deadline to raise the money. Council Member Roden stated that when the funds were raised they would be earmarlced with Parlcs for a future splash parlc. Council Member King suggested repeating the wording regarding organizational excellence in the strategic plan section on econonuc development. Consensus of the Council was to duplicate that wording. City of Denton City Council Minutes August 20, 2013 Page 26 Council Member Roden aslced about the interest of air and water monitoring for gas wells. If Council was interested in pursuing those items, there would be budget implications if included. City Manager Campbell stated that funding for those programs were not included at this point. Staff had not been give clear direction from Council at this point. Springer stated that was one of the unfunded supplemental pacicages. Council Member Engelbrecht stated that there were many questions and issues to consider at this point. The problem he saw was the need for more information on whether to spend money on a measure that might not be valid. Springer stated that the estimated amount for air and water monitoring was $407,000. If Council wished to pursue the monitoring, an off-setting of costs would be required. City Manager Campbell stated that staff would bring that item bacic at the September lOtn meeting for further discussion. City Attorney Burgess stated that the item would be considered in Closed Session. Mayor Burroughs asked if Council wanted to go into Closed Session regarding DME. Council did not need to go into Closed Session. With no further business, the meeting was adjourned at 8:45 p.m. MARK A. BLJRROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS �°,"��.:������°�" 0 ��� V�i�m�uu�.�����u Aerial Map Parcels Floodplain - 100yr ❑ Stre e ts Lakes Legal Disclaimer Aerials 2011 �Red: Band 1 �Green: Band 2 Blue: Band_3 B�NG A 4.5i0.5 A�E TRFCT � LANp 4RDAiFD IN 5HE Ad.EP. & PR.R. �. TsiJRVEP, ACi PdUA&P,� pppq�X t473, BN 1HE C%N OF YIXde 4�iY&d WJNi'. 7EXA� AP�} WPdG ALL fX ikAT �ZTAIPI iRACT CiF g� p �7 p y� � LAPdD fK 6Em ib KN CS�AW. 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C, PG. 369 ` �.�.p.rc.r. � ; _ � � �'t = � l�� E3 t { iY L� '. --- T � ` �� �. - _ � [ AD P � YY LlNE ; ��. �._, � vt� s � �� j -..->---.-._- � bbEP'JiFAB ElE£CY�C �... xi��- .:a � -, . s r � . � z,- �i� � � �. ��� � �-_.__,-..._=c.'t-.��i��,^3��`��-�t� _ 5���= ;� - 4z e - a -'g is<H ��s a S .� :.a§ s� �ed 'i"4: " tn:e,a=��:�s;re �at� } IYi �h -As n� � en LA s-. - z, o�. �-�s u R.e �-� �. � � -i ail •. t�a�-� � ,a�G i i s -- nas � n �c -E fi ers �a, ,� ,�� _�.��. ur, __, 1�. �`F R� ;-_z E�°n r,droi� _= ���t�� � ����� �� �� ��� � : ��� Q � -� -��, �������� ���� � � �e�� rt � �� � �� G _�� �m� � , u � ���, � � �� _ � �� ,. � f�� � 1.7�4a5vf'.�::�...�;e�:.,a`;�:ai.sL=sa .e�.�aa�`aee:� �a r�or aow r. ..Q. �':�F. �£�° .. ........ . � � � � � � °�` � 'a�FF s .e+��� .°� �#l; �$'� ��" '_ = :�`�� � :r� �. #.+r CA�a. �� i��� .......... j �`€ �� � �� �-� w� � � � �� �� ��� � �� ����: ,'� � � � �+ ' LOT 6, E6M. A �y � P E 53Y0 E � �ELIAIRE HEIGHTS . C, PG. 389 � � �P.�.D.7c.r. z � W � _ � �� I � ����;�v� � �. �'`��t. � � �t�• I ���_ l �3P' R-O tv ��'�t�Eti! � �€� A;f .�r ��s. �F3 P €p .. � � c ��' � �.�� � ��� �, �,, � �� � ��-� �: , � .. ��� �6 � �� —: LAND TITLE S Ul� VEY 0. 5103 ACRES M. E. P. & P. R. R. CO. Survey, Abst. No. 1473 Located within the City of Denion, Denton County, Texas. €sre: ;� PROPERTY DESCRIPTION BEING A 0.5103 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. C0. SURVEY, ABSTRACT NUMBER 1473, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO KHOSROW SADEGHIAN, AS RECORDED IN VOLUME 4739, PAGE 1180 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.5103 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found with cap stamped "Alliance" being the most easterly northeast corner of Lot 20, Block A, Bellaire Crossing, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet W, Page 667 of the Plat Records of Denton County, Texas, also being in the west line of that certain tract of land descritied in deed to Judy Gale Agado, as recorded in Document Number 2004-84259 of said Real Property Records of Denton County, Texas; THENCE S 01°16'05" W, along the east line of said Lot 20, the west line of said Agado tract, a distance of 40.68 feet, to a 5/8 inch iron rod set with cap stamped "TNP" for tfie northwest corner hereof and the POINT OF BEGINNING of the hereinabove described tract of land; THENCE S 89°52'08" E, along the common line of said Sadeghian and Agado tracts, the north line hereof, a distance of 438.67 feet, to a 5/8 inch iron rod set with cap stamped "TNP" for the northeast corner hereof, and lying in west line of that certain tract of land described in deed to the City of Denton, as recorded in Volume 3162, Page 705 of said Deed Records and lying in the west line of Mockingbird Court (a variable width R.O.W.); THENCE S 00°33'03" W, along the common line of said Sadeghian and City of Denton tracts, a distance of 51.62 feet, to a 5/8 inch iron rod set with cap stamped "TNP" for the southeast hereof and lying in the north line of Paisley Street (variable width Right of Way), as shown on the Final Plat of Bellaire Heights, an addition to the City of Denton as recorded in Cabinet C, Page 389 of said Plat Records; THENCE N 89°36'39" W, along the south line hereof, the north line of said Paisley Street a distance of 9.26 feet, passing a 1/2 inch iron rod found for the northwest corner of said Bellaire Heights continuing in all a total distance of 439.28 feet, to a 5/8 inch iron rod set with cap stamped "TNP" for the southwest corner hereof, also being an angle point in the north line of said Paisley Street; THENCE N 01°16'05' E, along the west line hereof, at a distance of 32.29 feet, passing a 1/2 inch iron rod found with cap stamped "Alliance" being the southeast corner of said Lot 20, and lying in the north line of said Paisley Street, continuing in all a total distance of 49.65 feet, to the POINT OF BEGINNING, and containing 0.5103 acres of land more or less. ��;:�� �������" :� a:�� 1����a�n:�n�„ Ma p P26 - Geesling Parcels Floodplain - 100yr ❑ Streets Lakes Aerials 2011 Red: Band_1 �Green: Band_2 Blue: Band_3 Legal Disclaimer This product is for informatlon purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the- ground survey and represents only the relative locatlon of property boundaries. EXHIBIT A BEING A 2.9001 ACRE TRACT OF LAND SiTUATED IN TH.E R.B. LONGBOTTOM SURVEY, ABSTRACT 775 AND BETNG A PORTION OF A 37.600 ACRE TRACT OF LAND DESCRIBED IN DEED TO GEESLING GASSAWAY COUNTY, iNC., A NEVADA CORPORATION, AS TRUSTEE OF THE GASSAWAY PROPERTY TRUST AS RECORDED IN DOCUMENT NUMBER 2005-50247 OF THE REAL PROPERTY RECORDS OF DBNTON COUNTY, TEXAS. SAID 2.90�1 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod found for the southeast corner of tl�at called 1.9126 acre tract of land described 'u� deed to the City of Denton, Texas, a Texas Home Rule Municipal Corporation recorded in Document Number 2012-130856 of the Real Property Records of Denton County, Texas, sa►ne lying in the north line of said Geesling tract; THENCE N 88°42' 18" W with the common line of said City of Denton tract and said Geesling tract, a distance of 27.30 feet, to the POINT OF BEGINNING and the northeast corner of the herein described tract; THEI�ICE over and across said Geesling tract the Following 3 courses and distances: S 04°46'S6" W, a distance of 162.77 feet, to a point for a corner; S 89°49' l i" E, a distance of 342.22 feet, to a point for a corner; S 00°24'40" W, a distance of 1175.48 feet, to a point lying in the south line of said Geesling tract and the nortn line of a called 26.4732 acre tract of land described in deed to the City of Denton, Texas, a Texas Honie Rule Municipal Corporation as recorded in Docunient Number 2012-129326 of the Real Property Records of Denton County, Texas, being the approximate centerline of Audra Lane (Variable Width R-O-V�, for the southeast corner hereoF, THENCE S 89°47'21" W with the common line of said Geesling tract and City of Denton tract a distance of 37.50 feet, passing a 5/8 inch capped iron rod stamped "TTtP" set at the intersection of the centerline of the herein described t�•act and said common line and the approximate centerline of said Audra Lane, continuing in all a total distance of 75.00 feet, to a point for the southwest corner hereof; THENCE leaving said common line, over and across said Geesling tract the following 3 courses and distances: N 00°24'40" E, a distance of 1100.99 feet, to a point for a corner; N 89°49' 11" W, a distance of 348.20 feet, to a point for a corner; N 04°46'S6" E, a distance of 239.48 Feet, to a point lying on tlie common line of said Geesling tract and said City of Denton tract, for the northwest corner hereof; THENCE S 88°42' 18" E with said coro.mon line of said Geesling tract and said City of Denton tract, a distance of 37.57 feet, passing a 5/8 inch capped iron rod stamped "TNP" set at the u�tersection of the centerline of the herein described h-act and the north liue of said Geesling tract, continuing in all a total distance of 75.14 feet, to the POINT OF BEGINNING and containing 2.9001 acres of land more or less. �~.-- � �� . �� �'"„�,.��� �w.� �` M _..,.�. : �...w. Adam Whitfield, R.P�. Texas Registration �I��. �`��86 12,° i2 - ��. . m . . ....... _ _ Date: December l2, 2012 Sheet I of 2 DNC 12170 CA'K'Y d�" N�C�kTk7N, IE�t/�;, ���rara�a #��aenet Rule �N� � � � � �����5 B"�IRS ACRE TRACT 6 I�snu^� �u �I ��nr qra�tirmv V�� IM . 2012 1 _ ) TN CAP " STAMPED TNP ,, .--"' J POINT OF���°'°��� �m_ __ BEGINNTNG �'' � ��"�'�����T � �,,�.__. 239, � k�' � �& I _ �...r.� s/s" �Rs KITH CAP ��� STAAdPED TNP° �e � � � �' � �' ' � wa ���v f�:7 �r:.�� o ��,� 4: ��. V � t�n Y _�..�_-� � io � � � e I _.........s.....1 � �..�.._� � , _�� � . a � N 0 N' i ExH�B�r � � �t�tN� . _ �����_____,��, � CALCULATED POINT _ ��-- -- ZIAIMERER REAL I � 5/8 IRS STAMPED TNP f,✓""��" IRF PROPER7IES, LlP �, �. �„p 2011-115033 ■ CONCRETE R 0 W MONUMENT �.'� ^ � R.P.R.D.C.T. ... �_.. �. . �.., ,�,�,� -��.-.��'�itNT OF o ir���r Roo FouNO `�aa��r�� oniERw�se wa��r��a . . wm vw�. .. � �....y.,. S 89'4911' E 342.2 MENT � iNFORMnnoN 2 ] RECORD - ' - � �__. � ' �� �M CONTROL MONUMENT _� .. ...�.— P,,'�' JRF � r r .,. .. .. , ., ,_. _ � CENTERLINE ELEC ESAR ..... _ 345.21� �, ,�,f .. ' -- AUJACENT PROPER'fY UNE °W /, � , •° ° °° BARBED WIRE FENCING --- - .�... .,...__._. N 89'49'11" W 348.20' ' ir� ��� �����'z��� V - .... ...�..� ___. BEARING DISTANCE LINE _� _yyy �� s/s" trrs ra r�,r�.rr.c.�e. L1 N 88'42'18" W 27.30' mrK caP 1 . S 04 46 56 W 162.77� STAalPED TNP" � L3 � �. , . ... _,� _... ...___m��. .�.. S 88 42'18" E�� 75.14' c1 � ...,...�_. ....._..�........__. �.�..� m.....�.._.......� a� � � °� 1,N v 1 W C� � � � � � rn n 1 00 N O � fl. � 3 � O � � W.,� 1 0 ' — (�ESIJNG GASSAWAY COUNTY. �^i s --� � — "� INC., a Newda Cwporation. as W,,. �; O � � ����,���,�F Trustee oi ihe Gassaway Property - `t' %- truat � "-° N � � /NC. DOC. N0. 2005-50247 R.P.R.D.G.T. d' O w (CALLED 37.600 ACRE iRAC� N I � H-� I O � � K� Q R.B. LONGBOTTOM z " f.11'.. � SURVEY ` � Q �- ABSTRACT N0. 775 ( �� � 37.50' --�- � ���-�- a 0 100' 200' 400' Y �.�. 75.00 .. �- _._____,_. � � �1'a'Y � r�Faa rr�r�, �ex��, � ��c�� q ' �I�urrrr��� M'��a4,p 1�aamrN��r�rtl �`r.w�9r�ararlV�e� .S�`r/4�.�: �� = 2�0� I. f5t�'. �Md�. �Fd1�--1�"�F'"�?�a k�.�i I� �'.'B'. 6' _.✓ .� (¢>AN.I.E.�ro :�1�.41�� m�r�� Tf�,ac7�„ p BASIS OF BERRING: O ; �"� 89'47� 21 . W , �;�'�r" �RS � .—. • �!f'P1d CAP . ..,. ,. m. __ .� ,... .� ,_ � . .�, VPED "TNP 0 � APPine of Audra Lane @ -- � � N �...__ ...._ .._ ..� �. � .._m .. �� ._� .� .arent North R-O-W sTA,�...� r--�-AUDRA � __ _ ^._�._.�. _ .���'�ra�a�i�'�a�te Surv�y Line �..� _ ..T _J��+1 E'. SURVEYORS CERTIFICATION: " �� " � To the best of my knowledge, information, and belief, ihe plat hereon is a correct representation of lhe property as determined bv a swur�^�:M made on the p���r�oa�¢& ��a�l!�Gro�l�t 20, 207 �, the lines and dimensions of said ��r,��r�arhy being as indicated by the plat. �.�.. � �"��.�'�„- ... "�' �.�� �� Adam Whitfield, R P� nA� Date: De e ber 2 2 1 .2 „�� �}1� �- ��`" � � ���� ..��� �����.� ADAM WHITFIELD " 5786 .. �° � �������� ���m ��� ����� Bearings are based on the Texas Slate Plane Coordinate System, NoRh Central Zone (NAD83). 2.9001 ACRES Situated in the R.B. Longbottom Survey, Abstract 775 City of Denton Denton County, Texas JOB NO, SGE12170-QO SHEET 2 OF 2 teague nall & perkins 7517 Gnlr� Plon Driw � D�neon, Texo� 76205 ' Yf 9�0.3B3A177ph 940.3/3.BM6fx /���i. ��'� www.lnpinc.com L+�`ru��c�rd,�l�'C`,6�;i�'N70-00 DME Transmission Llnek:adlsurvey\TRACT 26 PUE.dwg III °�w," d III ��� II[:�° mu � �:w ����� � u m� u�� a w � Ma p Prescott P28 Parcels Floodplain - 100yr � Streets Lakes Aerials 2011 ',, �' , ��cY; Band__1 Green: Band_2 Blue: Band_3 Legal Disclaimer Thls product Is for information purposes and may not have been prepared for or be suitable for legal, englneering, or surveying purposes. It dces not represent an on-the- ground survey and represents only the relative locatlon of property boundarles. EXHiBiT A BEING A 0.191 ] ACRE TRACT UF LAND SITUATED IN THE R.B. LONGBO`1"1'OM SURVEY, ABSTRAC7' NUMBER 775 AND BEING A PORTiON OF A I.12 ACRE TRACT OF LAND DESCRIBED IN DEED TO PRESCOTT INTEREST, LTD., A TEXAS LiMiTED PARTNERSHIP RECORDED 1N DOCUMENT NUMBER 2007-59777 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, 'TEXAS. ALSO BEING A PORTiON OF [,OT l, EAST INDUSTRIAL PLAZA, AN ADDTTiON TO THE CITY OF DENTON, ACCORDING TO 'fHE PLAT THEREOF RECORDED 1N VOLUME 13, PAGE 13 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. SAID O.1911ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCWBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 3/2 inch capped iron rod found and stan�ped "WEiR & ASSOC iNC° being the southeast corner of said Prescott lnterest tract and lying in the north right-of-way line of U.S. Highway 380 (variable width ROW) also bein� tlie begiro�ing of a non-tingent curve to tlie right having a cenh•al angle of 3°11'04", a radius of 3357.11 feet, a chord bearing of S 3S°06'Od" W and a cliord length of 186.57 feet; THENCE along said non-tangent curve to the right an arc length of 186.59 feet, to the POINT OF BEGiNNING, for the southeast corner hereof, also being the beginning of a nun-tangent curve to the right having a central angle of 0°43'35", a radius of 3357.11 feet, a chord bearing of N 3�1°40'39" W and a cl�ord length of 42,57 feet; THENCE along said non-tangent curve to the right an arc length of 39.70 feet, passing a 5/8 inch capped iron rod stamped "TNP" set at the intersection of the centerline of the I�erein described tract and the south line of said Prescott fnterest tract, continuing in all a total arc length of 42.57 feet, to a point for che southwest co��ner hereof and said Prescott Interests tract, also lying in the north right-of-way line of U.S. Higliway 380 and the east right-of-way line of Virginia Street (variable width ROW); TH�IYCE N 07°42'S4" W with said east line of Virginia Street and the west line of said Prescott Interests tract, a distance of 195.79 Feet, to a point for die northwest corner hereof and said Prescott Interests tract, lying in the most westerly south line of that called 8.(66 acre tract of land known as Tract l, as described in deed to Prescott Interests, LTD., and recorded in Document Number 2011-8722 of the Real Property Records of Denton Counry, Texas; THEIYCE N 81°54'19" E with the most westerly north line uf said Prescott interests h•act and the most westerly south line of said Tract 1, a distance of 3.97 feet, passing a 5/8 inch eapped iron rod stamped "'iNP" set at the intersection of the herein described tract and the common line of said Prescott Interests and said Tract l, continuing in all a total distance of 41.47 feet, to a point for the noi�theast corner hereof; THENCE leaving said common line S 07°43'S4" E over and across said Prescott Tnterests b•act, a distance of 205.66 feet, to the PO1NT OF BEGINNING and containing 0. l91 l acres of land more or less. �� � � ��. _ � �� � � �� � Adam Whitfield, R.P, mm�. Texas Registration No. 5786 � 2 -12-�Z Date: December 12, 2012 Sheet lof2 DNC 12170 � � , ..._ . ...... .... A..C:1%i:lY � �XHI BI T B � CALCUTATED POINT ������� �� PRESC T� INTERESTS, LTD., 0 FE�cE�posr F [ �«. 5/B IRS STAMPED iNP � � ������ OUND � � �..� _� � DOC. N0. 2011—g722 O IRON ROD FOUND (UNLESS OTHERWISE NOTE[ R.P.R.D.GT. '� J RECORD INFORMATION _ ....... _...�.�.— t (TRACT 1) M �RR SPIXTs � ^ m, ,... � - ADJACENT PROPERN I.INE rJ �����'�,��'�We � _r...�,�.. MONUMENT � \ CN� CON — CENTERLINE EIEC. ESMT� �1k�.�!°�' .._ __ _ , ., . N.. . � 6/8" 1RS � \ ��R°IT ��� � '" ""' �ARBED WIRE FENCING 1 2" IRF �,., �� �� �'��"� 7. I 1 I I � ti I i i I � � � ��..,� __ � �� ,n,n,. — �.._ .– IRTH CAP � � w�,.w..-... – .� '.� 6 „!yM., STAMPED 'TNP" � f � �– – C � �� G'a;drEer!/ne of RR SPIKE � �''�, I ""1�."�srrrdric EasemenE t1� "� I ��„� [Y .y I < �, � Z q �� � �.��y ��Y `+ �+ ca � �� � G��.4 � I I �i �„��� " e > � I H � �� T�a:�� I li���4.Jr� I V�"la���. I�G ���� r'° � "y I �-'—� � x� � �Irfr ��I rt,�� � � � � �� �� �� � �r���. ��� � � �:��, n �:� �� ��� �, � � ���,����� �, d �.. � � � m � � � �' ��� �� � � � 0 30' 60' 120' —� � � F�RL���.4�R'�" NlJG�f�!°�''I� �m�'I�., �r � ���� �� �' r �, I�����w� I�rrrit��� p�arkd�����9�i���� � � V . ��� I���. �I�d�7�- a?� ;� 7 �+ �''� �� � _._._..�... ���.....__ ..............� � "� ti� P� �� C�".T ('N���1{ T 1� c�"' �''� i�` SCALE: 1" = 60' �����L�� f� '11.1 �.+ h�l"�� I°C���':M �"� �� I � d �� � .� 37.50' �rr^a'� c��� � .m �„ ;'"°'" STAMPED "TNP" I ^' � I/2" lRF, .. � \ ,•IIEIR.kASSOC a�19F�""' ^w�,� � Cz .,, . � ._.. _ � _.�._. . , � � . .... ._. _� ._.._ _. _. _�..___ _ . .. 4."P _.�._ "�, _� ... _._ �� POINT OF��' �•S• HIGHWAY �gp BEGINNING VARIABL� WIDTM A—O—W � �'�:�::�POTNT OF COMMENCEMENT CURVE I RADIUS Ct � 3357.11 C2_m��...,, 3357.11 SURVE`fORS CER7IFICATION: AR 86 59' TH _�� CH0142.57� ~.,� N 8'40 39RI W�� DE0' 3 35GLE 42. 57' To lhe best of my Imowledge, Infortnatbn, and bellef, the plat hereon ia a cort�ect represenmtion o( the Properly as debartnlned by a survey made on the ground September 21, 2012, the Ilnes and dlmensbns of sald propeAy being as indlceted by the plat , .,,� <:�� -..� �����-�..._ . ��� Adam Whitfield, R P L S. �, .._�Z-i2-12 Date. December 12, 2U12 ��„�� O F �.� � .��������� � � ADAM WHITFIELD ���s7as . �������� �� . "��r�, ` ����� BASIS OF BEARING: Bearings are based on ttie Texas Stale Plane Coordlnate System, North Central 2o�e (NAD83). 0.1911 ACRES Situated in the R.B. Longbottom City Dentor� JOB NO. SGE12170-00 Survey, Abstract 775 of Denton County, Texas teague nall � perkins �s,� �,�...�. �.. Mefen. Tuw 7620i �„�^��� ���p' 9M0.3�A177ph f40.�3.W26fi 1����j�. �NI����' www.lopin�.ean � 1.;'�"r�r�a�Ca4"���"tl����f.�t3 DME Transmlaslm SHEET 2 OF 2 E�c3 II : ��"�w�"➢ � � ��]I[ � '� � ���;� ����u u u �..��d������ Ae r i a l M a p PfeS00tt zsP Parcels Floodplain - 100yr ❑ Streets Lakes Legal Disclaimer Aerials 2011 �VRed: Band_1 �Green: Band_2 Blue: Band_3 EX�IIBIT A BEING A 0.8652 ACRE TRACT OF LAND SITUATED IN THE R.B. LONGBOTTOM SURVEY, ABSTRACT NUMBER 775, DENTON COUNTY, "I'EXAS. AND BEING A PORTION OF AN R.666 ACRB TRACT OF LAND DESCRTBED IN DEED AS 7'RACT l TO PRESCOTT fNTERESTS, LTD., RECORDED iN DOCUMENT NUMBER 201 I-8722 OF TF� REAL �'ROPERTY RECORDS OF DEN'TON COUNTY, TEXAS. ALSO BEING A PORTION OF LOT 1 AND LOT 2, OF THE EAST INDUSTR.fAL PLAZA, A1�I ADDITION TO THE CITY OF DEN"tON, AS RECORDED fN VOLUME 13, PAGE 13 OF THE PLAT RECORDS OF DENTON COiJNTY, TEXAS.SAID 0.$G52 ACRE TRACT OF LAND BEING MORE PARTTCULARLY DESCRBED BY METES AND BOUNDS nS FOLLOWS: BEGINN[NG at a 1/2 inch capped iron rod found in the east right-of-way line of Virginia Street (variable width ROW) being an elI coi•ner for said Tract ], and being the mast southerly southwest cot�aer hereof; THENCE N 07°42'S4" W with said east right-of-way line, a distaiace of 1 19.72 feet, to an angle point hereof; THENCE S 82°l7'O6" W with tlie north right-of-way line of said Virginia StreeC and the most westea•ly south line of said Tract 1, a distance of 42.04 feet, to a P.K, nail found lying in said north riglit-of-way line, being the most westerly southwest corner of said Tracl 1, and also being an inner el comer of Lot 3, East indusb�ial Plaza, an Addition to the City of Denton, Texas, according to the Plat thereof recorded in Volume 13, Page l8, of the Plat 1Zecords of Denton County, Texas, same being descril�ed in deed to Billy A. Bounds recorded in Document Number 99-108078 of said Real Property Records, for an angle point hereof; THEIYCE N OR°54'20" W leavinb said north rigl�t-of-way line, with the common line of said Tract I and said Lot 3. East Industrial Plaza, a distance of 324.72 feet, to a 1/2 inch iron rod found for the northwest corner hereof and said Tract 1, the northeast coti�er of said Lot 3, and lying in the south right-of-way line of the Texas and Pacific Railroad ( l00 foot ROW) , for the northwest corner I�ereof; THENCE witl� tlie common line of said Railroad and Tract 1 the following 2 courses and distances: N 68°04'23" E, a distance of 49.62 feet, to a S/8 incli iron ►•od found for the no►theast corner of said Lot 1; N 68°51'S4" E, a distance of 12.50 feet, passing a 5/8 inch capped iron rod stamped "TNP" set at the intersection of the centerline of the proposed power line and said soutl� right-of-way line, continuing in all a total distance of 51,05 feet, to a point for the northeast corner hereof; THENCE S 07°42'S4" E leaving said south riglit-of-way line over and across said Tract 1, a distance of 4G8.07 feet, to a point for the southeast coi�er hereof and lying in the south line of said Tract 1 also being the north line of that cerCain tract of land described in deed to Prescott Interests, Ltd. Tract 2, as recorded in Document Number 2007-59777 of said Real Property Records; THENCE S 81 °54' 19" W with the common line of said Tracts 1 and 2, a distance of 38.50 feet, passing a 5/8 inch capped iron rod st�nped "TI�IP" set at the intersection of said proposed power line and said common line, continuing in all a total distance of 48.97 feet, to the POiIVT OF BEGINIVING and containing 0.8652 acres of land more or less ���� ° �,,,,� "� ���„_ � �m��. ���.�. � Adam Whitfield, R.P.L. m Texas Registration No. � ;7 � I Z-�Z-�2 Date: December 12, 2092 Sheet lof2 DNC 12170 °' �o g� ��� �- - � �� ��� P�� ���"���o RO �. °� ����� "��� �� � ' S � �� ��� �����' �-'' ���, "� f'..-- �� � 1/2" A��Ci�; Z o z � o CT� � '� N O � � � s �, ��,``� � � 1i� V� s` \ �y � ; � ,` � � !,'O i "� 0 i� 0 LLyf�" IXS WITH CAP STAMPED "TNP" ��� ExH���r B PRESCO7T INTERESTS, LTD.. DOC. N0. 2011-8722 ,� �'"" R.P_R.D.C.T. � � � (iRACT 1 CALLED 8.666 ACRE \ ��� w����, rna,cr) W °~' �'�rn as��l/2,.IRF � N � ti a �� �KM �� �.��. � � I o �� �`��a �ti. �� �� �' , f a`?. � ' m �� ,�� y �"'� ��, �!� LOT 3 ' " EAST INDUS7RIAL �� � �y } e i q°,� � PLAU ADD'N. � j �t�"� �' ° � ^ �t", " j� VOL. 13. PG. 18 ;�p P.R.D.C.L � d� '`�,n. ��� CALCULATED POIN7 FENCE POST FOUND�P 5/8 IRS STAMPED TN dF!'4'YV� ROD FOUND ��Nk.i� ......�... _.._........�e._ RECORD INFORMATION _,_...__---._�-- CONiR01. MONUMENT - ..�. ... ...... rn ' �.�� � oniERw�sE 1NE ELEC. ESAlL� T PROPERN LINE WIRE FENCING 0 50' 100' 200' .... .....�.�.. � .�._._�..� SCALE: 1" = 100' 4 � �"� �,. '� ...– L1 �. �._ S 82.17 06.,, w_..��,.� 42 04, ..... � � S�, LINE BEARING DISTANCE �`'�-�.,.�� PX �«"� f� � � � � .� V �, � '� ..�_... E 49.62 �„ry , L2 N 68 0�4 23 r'�„�'�� �".�� Z �, � _ L3 N 68'51 54' E 51.05' r� ' ,, .,�.... — , .u.� _,�.. —. ��� ��� ,��� � � �, � � 4r�t6:. �'`� L4 N 68'04'23" E 23.47' � �� • ° �....�. � J ».M �� k � �`�i� �a °i ���,��;�'`� FF�.�"' WITH CAP I Q"a ii �t '` N�r: ' /' STAMPED "TNP'• d +'� i Bh�UC'Nld iC "Fuk. �, ^�. �x � V�L,�'r� 6�V717 =� � �„�r'" RR SPJKE � � „�' � �l� � � ., �.._ �� w.,.,� � \ � � � i.,. z. . .. F d��F�P�R.D,C.T� �'w� �� � � � CIR.. ,� .. ....._. POINT OF � �e�" �"` S �81 54'19" W �� ��"����"� � ���������� � BEGINNING i � °'°' 48,'g�'�. RR sPJxE � � � �;� � � w���� „�r:da�r�' k�a ��r��'��r�> �.r�.� r � �..: a 1"a�su�at� I��r�iN�r�l r�r��r�4�rrr�+�N��P��� � ' � ��C;' 'NCI. �C11�7--��"a�"�7�'P � � � �.�.rz.�.c.�e. (�a�cT �) � ..,� LG 7 i � %/� EAST IPJDUS'fRIAL PLAZA ADd°N. � � !� YOL. 13, PG. 9B � SURVEYORS CERTIFICATION: p'R'p'C'1' , I V To fhe best of my knowledge, information, and belief, the plat hereon is a correct representation of the property as determined by a survey made on the ground September 21, 2012, the lines and dimenslons of safd propeRy being as indlrated by the plat ������� ��� � � Adam Whitfield, R.P,I�.,� "� � �, 4 ��.,. t � _ _ � � � . . ....... .... . �.__. Date: December 12, 2012 ��� � � ' � , �► �k �r w � �...r� � .�... BASIS OF BEARING: Bearings are based on the Texas State Plane Coordinate System, North Cenlral Zone (NAD83). 0.8652 ACRES Situated in the R.B. Longbottom Survey, Abstract 775 City of Denton Denton County, Texas JOB NO. SGE12170-00 SHEET 2 OF 2 teague nall & perkins 1517 Gnln Pkn Driw Donlon,Taxaa76205 W) 940.383.4177ph 940.983.8026f: ��''r�Iw�W'� Z, �^�M�a' Www.InPiM.com �` �:WrojeGS\SGE 1217Q00 DME Transmissbn N.id-ecn'ut,�d[pA�4amawi�y�'k �'d��tlw'd" 29 t'"V.PC�.�4v� Aerlal Map Wolski P33 Aerial Map 12/10/12 8:30 AM �",���������� � �m';� ����16��1��� Parcels Floodplaln - 100yr 0 Streets AeAals 2011 Lakes Le�al Dl�clalmer II�II�Red: eand 1 Green: Bend 2 Bl�e: Bend_3 http�J/9�•���ncad,com/aspnet dlent/ESRi/WebADF/PdntTesld.eyoutTempletes/defaulthhn Page 1 of 2 MATCH LINE ������,�� SEE SHEET 3 OF 3 5/B " IRS TYITH CAP STAMPED "TNP" EDWARD F. WOLSKI DOC. N0. 2005-16351 io R.P.R.D.C.T. � � d- � ExHiBir � ��� �� V ;� � 1 � � � �Y '� � �a � � =C "� O� � � � s/a" crRF "CARTBR&BURGESS" t°� ��r�vr.����ar�� rr-o-� M�NUMENT � � 4 0 o �,� ° �'�r,r�(;��'��;" t�.�.��....� �= �dC��V'�A,�IF."P�d"f TED POINT IRS STAMPED T1dP .mPOST FOUND ROD�F(k1ND (UNLESS� OTHER�WISE 2D INFORMATION m^ .,m .y ?OL MONUMENT � ��...Y.�. � ED 1MIRE0� Rf'lSL1NE RLINE ELE MT. E B NCING .. _ �_.u„ ........................��.......�.ma..m�___�_ __._......___ �.___ _---._._.._._........... LINE _ B RING mmmmIT„mmmmm mm„mDISTANCE� L1 S 8�'07'07" W 20.04' L2 ....5 ...,..._.�.m.��., � ..._..m�3,�"C� 1"�1 �°' W 75.00' W � ��y�`� � m � ,������� 5 N I �, I �, �" '�' �,���.�t"� o ! � � � �`'�� ���� � ,�� ��_ i O I ° N �� f Z _ � � � �, cM ` B� --.. ,..M M_ MONUMENT�P �v � �. ,.����� `; u ._......—. � � u M � �.........g ,� � __.�. �.....W 75.00' � �._.� _ .�.�.n_�_� 37.50' . I ,r``°�+'' S/8" IRS � IIITH CAP � � POINT OF � � " sTAn�PEn p, ��COMMENCING �--� "TNP" ..� _ � _... -�,"1 ._ 1/2" l]?F I I 1 ,�.._. GONCRET'E R-�-TY � � ' d � I � -°" � � � �' bfONUMENT �:I�� ATION.7,07DOC N0.0.��_m. � �"� _ ...... .. _� 3URVEYOR3 CERTIFIC ^ �""� ��rra���r P. �� -��a�,r � �� POINT OF 2011•--69306 �-. ---•� R.P.R.�.c.r. J BEGINNING To the best of my knowledge, Infamatlon, and belief, the plal hereon Is a crxrect represeMatlon of the prope�ty as determkied by a survey made on the ground September 21, 2012, fhe Iines and dlmensfons of said property being as Indk�ted by the pta� � , _ �.�._ �, � n�� �r�� Adam Whitfield, R.P.I�. , � 2 �2.�m�. Date: December 12, 2012 ��,�"� ..OF �� c�: "1�T'p��;"�r� �� � . i ADAM WHITFIELD :�578fi 7 �� �.' � � � �'����� �� ��� ����� � ^: --r� �.:'.� � o � 50� 300� soo� � SCALE: 1" = 300' BASIS QF BEARING: Bearings are based on the Texes State Plane Coordinate System, Norih Central Zone (NAD83). State of Texas Vol. 1067. Pg. 199 R.P.R.D.C.7. 6.8289 ACRES Situated in the Caswell Carter Survey, Abstract 275 and the Daniel D. Gulp Survey, Abstract 287 City of Denton Denton County, Texas JOB NO. SGE12170-UO 3HEET 2 OF 3 teague nall 8� perkins � l at 7 cMlr. �I.a o�lw M�Aen, Tua� 76407 t�r,; ���f, . A/0.9l3.4177ph 9+W.�03.t0't6h 'r�, �y,: www.lnpinaeem L•1ProJeclslSGE12170-00 DME Tranamisslon LY�1�uveylTRACT 33-A PUE.dwg �^;."��C �����"�, �� ��� I �w:����:���„ Ma p Kim 35P Parcels Floodplaln - 100yr � Streets Lakes Aerials 2011 Red: Band_1 �Green: Band_2 Blue: Band_3 Legal Disclaimer Thls produc[ Is for Informatlon purposes and may not have been prepared for or be suitable for legal, englneering, or surveying purposes. it does not represent an on-the- ground survey and represents only the relative locatlon of property boundarles. EXHIBIT A BEING A 0.8052 ACRE TRACT OF LAND SITUATED iN THE DANIEL D. CULP SURVEY, ABSTRACT NUMBER 287 OF DENTON COUNTY, TEXAS. AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEBD TO KIM PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING TRUST, AS RECORDED IN DOCUMENT NUMBER 2008-32710 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SA1D 0.8052 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch capped iron rod found and stamped "CARTER & BURGESS" for the southeast corner of said Kim tract lying in the west rignt-of-way line of North Loop 288 (Variable Width R-O-W) also being the most northerly northeast corner of that certain tract of land described in deed Edward F. Wolski as recorded in DocumenY Number 2405-16351 of said real Property records; THENCE N 88°33'49" W with tlte common line of said Kim and Wolski tracts, a distance of 49.27 feet, to the POIN'I' OF BEGINNING foc the southeast corner of the herein described tract; THENCE N 88°33'49" W, continuing with said common line, a distance of 57.41 feet, passing a 5/8 inch capped iron rod stamped "TNP" set at the intersection of the centerline of tlie I�erein described tract and said south line of said Kim tract, continuing in all a total distance of 114.81 feet, to a point for the southwest corner hereof; THENCE N 47°46'42" W, over and across said Kim tract, a distance of 43137 feet, to a point for the northwest coi�ner hereof and lying on the northwest line of said Kim tract and a southeasterly line of that called G.724 acre tract of land described in deed to the State of Texas recorded in Volume 1048, Page 196 of the Deed Records of Denton County, Texas; THENCE N 42°06'15" B witla the common line of said Kim and State of Texas tracts, a distance of 37.50 feet, passing a 5/8 inch capped iron rod stamped "TNP" set at the intersection of the centerline of the herein described tract and the north line of said Kim tract, continuing in all a total distance of 42.03 feet, to a concrete right-of-way monument found, for an angle point hereof; THENCE N 87°O6'44" E with the north line of said Kim tract and a south line of said State of Texas tract, a distance of 46.54 feet, to a point for the northeast comer hereof, from which a Concrete Right of W�y momtment found bears N 87°06'44" E, a distance of 52.75 feet, being the northeast corner of said Kim tract; THENCE S 47°46'42" E, over and across said Kim ri•act, a distance of 485.55 feet to the POINT OF BEGINNING and containing 0.8052 acres of land more or less. �����..a�� y ,�a� .� � Adam Whitfield, ': ,L.S. Texas Registration No. 5786 12�F IZ-tZ Date: December 12, 2012 SHEET 1 OF 2 SEG 12170 ..._ .. wy._..m _m �� �� ...- ExH�B� r B BEARING DISTANCE ���E .....�_.�.�.. W 49.27' .....�__—�. .... .. L2 N 42'06'15" E 42.03' _ �... L4 � N 87 06 44 E 46 54' 3 N 87 ` �_L.�— 06�44". �E .a_._... 52.75 �._ � CALCULATED POINT _.�..�.�� � , 5/S" IRS STAMPED TNP O FENCE P057 FOUND / IRON ROD FWND 0 ,�' ]i RECOR� INFORMAiION f_� ,.�..��� CM' CONTROL MONUMENT °µ°� -��� A CENfERUNE ELE0. ESAff. � ....•° �.�� ,.� -�° °°°.��.....�'....— � ADJACENf PROPFIITY�.�LINE ...� � .....��� �......._...�,.. W....��� u � � ^ 13ARBED WIRE FENCING »�",�" `'�^�. ������, �,� � �� � . � � � � � �a � a.�:��� o �' �,.,� !�� �� � �,� � ` , O �� �� � "" �„���,''a��,�� �� ����.� ���� o����� `�"r �� ,,�. �� �t� `�" � . ,..�. . � � �'� ��?* �� � �:: ,�� � CONCXETE ROH' "�' � � � aA,� `b10NUhfENT �I'�� '�� � , evc �3 5/8" IRS N7TH CAP 6� �r w� � STAMPED "TNP"�rv �,., I "�n,,� L3 La CMCONCRETE ROW � .mm...a.�..... � .� —.�.� MONUMENT � � STATE OF TEXAS �,�^' � �'°"°��, p VOL. 1 �48, PG. 196 "" ,, ,...,_ g/8" IR5 �'ITH CAP �,* � R.P.R.D.C.T. ,. . -, ..,,,..•.""'� STAhfP�ED "TNP" �""� 14 (CALLED fi.724 ACRE TRACT� � ��-���°"" � �"°e� � �� � �� �° 0 0 SO' 100' 200' i � .� � / ,�` �� �w.�.�.� / �' s � ...���.� ����...� � , 15 / � , µ ;y ,, � "��„�� \ 3CALE T = 100' � . � ,; _.� / °� c:�"� y� �''� *, p �. �` � ti d � � ' �� y� � �� , y� �'^�, CONCRETE ROTY � . �� i "�" ��"�� `?�+� C�d' � �1fONUMENT z / � ��� ��� �� ° � U " 1 � ��� � O W � �d i KIM PROPERTY REVOCABLE LIVING TRUST, °`�>a \ �— � w / a Texas revocable living trust � Z� � � DOC. N0. 2008-32710, R.P.R.D.GT. •• � O O�� ��m CONCRETE ROII (TRACT 1� 5/B" IRS WITN CAP -�� \�-' V V� blO.NUblENT STAMPEA "TNP" ���`r , w . �. � . "� � �; � � ��5 8" CIRF 88 33 49" W 579 96' �." ., �mm' ,� ��� N I "CARTER&BUXGESS � �_._,. . � .� ..� _,....._ _ .. .— / .. _ _ ._ . w � � L�_ m' N 8833'49" W �� r 114.81' cM�`� � 1 NOTES: EDWARD F. WOLSKI ,M✓" DOC. N0. 2005-16351 POINT 0�' "� 1, eearfng� �r°�a �c��a�" �r+ �i�� i�xr�s R.P.R.�.c.T. BEGINNING + State l�I��r�e �'�err•c�iracr�� Sy��`r�o�'�« (CALLED 111.64 ACRE TRACT) � Norlh �'�ra/��nl .�'rarr�a {�1�i�t%".�;�. �� ..�._ �. ._..m �� �,������.F.�'��, 0.8052 ACRES �� � .;� �'�" Situated in the ����"� ��"µ Daniel D. Culp Survey, Abstract 287 ��� ..�:.. � �. ADAM 1NFIITFlELD City of Denton � ��;; � �'., .. �� � ' Denton County, Texas IZ -I2.-12 � "�"� Date� December 1z 2012 �y� �� JOB NO. 8DE12A0•00 3HEET 2 OF 2 �.W m__..�.. teague nall R� perkins n ,�,��..�� u.a.�. t.,m. sssas ,;;7f� ) �„ woa�ainrh swaa.�nse,� � v,Mn„�n�les.oem �'� L'�Prol�6b\80E12R600 DI� lYrNnidon LM��rwy�iRAGT 94 PUEdWp �;:���� ll���I"�� � ��:.� 1"��uu�a.�:a���u Ma p Bradley P48 Parcels Floodplain - 100yr ❑ Streets Lakes Aerials 2011 I��Red: Band_1 �Green: Band_2 Blue: Band_3 Legal Disclaimer Thls product is for informatlon purposes and may not have been prepared for or be suitable for legal, englneering, or surveying purposes. It does not represent an on-the- ground survey and represents only the relative loca[ion of property boundaries. EXHIBIT A Being a�.���i�1 as��� �r��:1; ca�'��nc! :��tra��t��V' ��z th� 1'�. �'a��c6��ra� �5�rc�wr��� a�k�sN:r�ct fi1+�. ����M1"�„ ����t+�� ���r�an¢�, "�'ex�� t�rg+� being a��r[��n r�� l.�t 1�, �3��'�c1+: A„ �a�ab� i%.�e��" �1'�rrt��� e�cl�iii��� �� ����ti�pcsrr t� �I�� 4�„i�y' �r� °C����t�n �s ���aarc3��6 in� Cabinet �", �'ag� i�� n� t�� ���� �C�c����� �f ��rot�n �"a�ur�t�s "�'��r�� �a�� �lsea ��i�� � ���•t�a�c� �a�"�h�c ������n ta�act a�t ]and as ��s�r�b��� rrr ����k �� �"-��a�t��� ��°��#�w� �;� �;�r+��c,i t� ��aan� C:l���'s 1:����rrr��r�� ��. �'�-���i� a�" t1a� ���N Property Records of Denton Counry, Texas. Said 4.056f� ��;r��;.� ��iaa� ��a�r� q���r�i���1�r�,Y ���c�"e1��� �Y ������ ���� bounds as follows: COIVIME1vC�NG at a 1/2 mi��Y� 6�w�n rta� �"ra�ua�c� �tt t}�� �rau�h�r��k�'a°i,� corner of said Lot 18 and being the northwesterly comer of Silv�r ���� fJ�°iu� �� �� �'+��t ��g�� �`��1��-�� �"��") according to the aforementioned plat of Maple Leaf Homes Addition ,�n� ���s� k�uurr� +��� ¢��� �����"��° ����� +��"� �"�^�� �f land as descrxbed in deed to William E. Fullbright, Jr. as recorded in Vr����a�� ��6�i, �'a,�� 1"��°� ����� ���� ������� of Denton County, Texas; '.I'HENCE North Ol°14'32" East, along the common line of said Maple Leaf Homes Addirion and said Fulibright tract, a distance of 449.68 feet to a point for corner at the northwesterly corner of said Lot 12 and also being the southwesterly corner of Lot 11, Block A of said Maple Leaf Homes Additian, the POZ]VT OF BEGINNING; THENCE North O1 °14'32" East, along the common line of said Lot l 1 and said FuJlbright tract, a distance of 75.00 feet to 1/2 inch iron rod £ound at the norfhwesterly corner of said Lot 11 and also being the southwesterly corner of Lot l0, Block A of said Maple Leaf Homes Addition; THENCE South 88°45'28" East, along the common line of said Lot l 1 a�nd Lot l0, a distance of 32.50 feet to a point for corner; THENCE South Ol°14'32" West, across said Lot ll, a distance of 75.00 �eet to a point for corner on the aforemenNoned common line of said Lot 1] and said Lot 12; THENCE North 88°45'28" West, along the common line of said Lot 1 l and said Lot 12, a distance of 32.50 feet to the POYNT OF BEGINNING and containing 2,438 square feet or 0.0560 of an acre of land, more or less. . ._ � � . Adam Whitfield Registered Professional Land Surveyor Texas Registration No. 5786 17.�17-iZ Date: December 12, 2012 Shcet 1 of2 SEGI2l70 BASIS OF BEARING: Bearings are bosed on tha Texas Stote Plane Coordlnate System, North Central Zone (NAD83). W , M � '� ��� yJ�^ o d' Z � �� .� � �, �. �" � ��"r �r�� �T� � POINT OF BEGINNING o��' n ZN C� ^ � � mQti J O ��� � � 0 Q J J O � � o a � � o � 0 �w W r x N r � � �. �� � � 0 0 u Z g �� � `° � w� N l'-� M z � �� o� z$ Z u POINT OF COMMENCING,+�'"""" 1 /2'� IRF SURVE1fORS CERliFlCAT10N: 0 ��� ������� .��. .. .� .��._ �``+� q�� ��,� 1/2" IRF 3 3� �' ��� ����'� �°` � r ,������ � r: ,� � ��r�ar� �. �� u��.r�-r� rr M - � g �r 1 � -� ��"� �C ���";: Pw��. ��".._,�f�x��'� � o � n- •mm..�� ,�° ��" � ��`�f-�°��'" F. d�� f�.+�. � 7': � o � o � „� � ��,��}'� [S 88'13'09" E 139.84' PL4T] ^ , � , � u � 1,��" NI�'F' ,� S 88'45'28" E 139.84' �.. � .� '. � 20' O.E: � . ° ..r.� �_ CAB. Y, PG. 144 µ.� . ,, p � o �n ��mmW COURTTVE'Y BRADL� � ���m� �I . . .� . N o �� ,�_ .�... .. EY �, o � .. '.'. . �N� DOC. No. 09-50378 �� ��'� 3 � �. � � P. R. D. C. T. p 3. , `' ,` �� "`"'N�° .,:� .. �. r ►� 1 1 � N � � o � ��. ��� � x,� �� � MAPLE LEAF HOMES ADDITIDN � o�, ° ° � CAB. Y, PG. 144 � �, ``� ° „ p r �° P. R. D. C. T. 1 `f' �` 6� [N 88'13'09" W 139.84' PlAT] � � .` . . � ��,�__ _ N 88'45'28' W _....139.84' S N 88'45'28" W W a 32.50� 1 2 'o � o � N SUMEER HOMES INC. � o � � � DOC. No. 09-123610 � o � p P. R. D. C. T. u + fm�+"�'" IRF�... _� � _��_._ .�_ _._„ _�.....__ _�. �,.. 34' I �.�� �� � 30' 60' p �_.., ...�. _ � �� g � ���������� ��� 18 cab. �, Py. � aa �� SUMEER HOMES INC. �� q DOC. No. 09-1236 1 0 � P.R.D.GT. �.. ,_... �. ._��.. ._.. ,.� _,. _�, N 89'04' 16" W 129.84' [N 89'31'57' W 129.84' PLAT] �Y, � 1 /2� rvIRF 3 : �. �n a °o d�- p � � 'op o � v� �O u 1 /2" IRF 1/2" IRF� SILVER SAGE DRIVE (5a� R.o.w.� Taa k9�e �a�wzs4 saf uny �rr�wPs�,�q��u, Prcrf'ca�awwcatlaw�, cund k��l�r��, kh�a �lsrt hsre�ra� is a cwv'et�t r�yyr��rrptt�4Vo�a a� �ha y�rea��rky a� t!'�zt�mine� 0sy a� �ran+�y �rvea�f�a +�aw �Ft� �rcaun�J �rr�rter�br�^ 1�. �.`�t74�„ 41a� �ane� c�rvzt dmwp-��lc.�tu rai �sai� �ara�anrti� b�di�r� �� fin�li'�at�a� h�r tFw� pl�t. � , �� � Adam Wh�tfi��d, R.P r . 12-�� ��_ ��.�� Date: I?ecember 12, 2012 JOB NO. SGE12170-00 � �� �,.. . � »,� � ����' � �� �� � ....* � .. ,.... * ndam�wnitrbia�� ,.��«..»....�««,w«...,.««� , ��. � 5786 �,��*.� �,����,����� . �� ,.� �-�.�. su���. g �� 0 �� �. o � � � e � Mr �� 0 d' �o N v Q � � a� O o� w° Q � S 46'05'08'� W 14.18� [S 45'37'27" W 14.18' PLAT] 0.0560 ACRES Situated in the M. Yoacham Survey, Abstract No. 1442 Being a portion of Lot 1 1, Block A Maple Leafi Homes Addition City of Denton Denton County, Texas teague nall & perkins , sv �«�. r�a w�,. D.wfen,Texaa7620S vao.a�a.sin� 4�o.3aa.ao�sfx . . www.ln�lae.oan SHEET 2 OF 2