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December 17, 2013 MinutesCITY OF DENTON CITY COUNCII, MINUTES December 17, 2013 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 17, 2013 at 3:00 p.m. in the Council Work Session Room. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Roden, Council Member Hawkins ABSENT: Council Member King Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for December 17, 2013. Council Member Gregory asked how the fair market value was determined for Consent Agenda Item M. Phil Williams, General Manager-DME, stated that the Communications Staff looked at other leases for the going rate. This lease was for additional tower space at McKenna Park. Mayor Burroughs stated that Council Member King requested that Consent Agenda Items D, E and F be pulled for separate consideration. Mayor Burroughs asked about Item H and stated that although there had been numerous communications to get individuals to respond, only two responses had been received. He asked about the process for soliciting responses to the bid. Scott Payne, Risk Manager, stated that last year, they had only four responses. There were not many companies in the stop loss insurance business and not much was done on the local level. Council Member King arrived at the meeting. 3. Receive a report, hold a discussion and give staff direction regarding the future of Water Works Park. Emerson Vorel, Director of Parks and Recreation, stated that staff needed direction from Council regarding the direction to take with the Water Works Park (WWP). The operating agreement for this facility called for any revenue in excess of operating expenses from the WWP be used to offset operating losses at the Natatorium. It was anticipated that the Natatorium would operate at a deficit because its primary use was training and competition for DISD athletics, not revenue generation. Although the WWP had generated small amounts of revenue in excess of operating expenses in most years, the total shortfall averaged $777,414 per year for the last four years. Per the operating agreement, the DISD reimbursed the City for 50% of that loss. Several factors at the WWP limited expanded revenue potential. Those included (1) there was no outdoor pool, (2) there was no outdoor lap swimming which was one of the major points brought out in the WWP Survey, (3) there was a limited number of elements, (4) there had not City of Denton City Council Minutes December 17, 2013 Page 2 been any upgrades or additions to the WWP while other water parks tried to add or upgrade every other year to keep the park new and exciting, and (5) there was only a temporary concession stand operating out of a small trailer which limited what could be sold. Staff was asking Council whether they wanted to explore expansion and quality of life issues at the WWP. The Parks and Recreation Department had requested $42 million be included in the 2014 CIP program to add a wave pool, a large interactive structure and permanent concession stand. If Council did not want to pursue the expansion and upgrade, staff would remove those items from the CIl' program. Mayor Pro Tem Kamp questioned if staff was looking for expansion or the removal of some features. Vorel indicated that there was plenty of room on the site for expansion. Council Member Roden asked how the Denton facility compared to other facilities in terms of return users. Vorel stated that they saw a lot of return users and season passes sold. He felt that other facilities also saw a mixture of one time or multiple users. Council Member Roden asked about the concessions stand in the trailer and if the facility was limiting the number of options sold and keeping down interest. Vorel stated that nothing could be fried in the trailer so staff was creative on the type of items that appear to be fried. Council Member Gregory asked if the plan for upgrading included doing the upgrades all at once or over the course of several years to freshen the park over several years. Vorel stated that the vision was to have enough money to build the wave pool, interactive structure and the concession stand for this bond issue. The design money would be in one year and the construction money the next year. Then a year or two later add other facilities. Council Member King asked if the commitment to upgrade the park could be done through the General Fund rather than a bond issue. Vorel stated that he did not know if adding these amenities would make the facility self- supporting which was a goal for the General Fund. Council Member Gregory stated that if the facility were sold, the City might have to buy the DISD portion of the natatorium and maybe the property as it was DISD property. Council Member Engelbrecht asked if a new interactive feature were added, would the current one be taken out. Vorel stated yes that the vision was for a 4-5 story facility. The small interactive feature would stay. City of Denton City Council Minutes December 17, 2013 Page 3 Mayor Burroughs felt that the construction could be done over a number of years to keep it fresh. The funding should be put in the CIP as it was a community asset. It was considered a park and a resource to the community. Each element of a park had its own community connection from ball fields to the water park He suggested getting feedback from the Citizens Bond Committee on their feelings on the viability of increasing the water park He also suggested having separate elements in the bond proposal and not a lump sum in the bond funds. The elements could be prioritized within the options for the best value. Council Member Gregory asked about the use of mandatory park dedication fees in the area. Vorel stated that those had to be used for facilities in the area of the development. Council Member Roden suggested highlighting times when there were reduced rates or special rates for the park. Council Member Engelbrecht suggested encouraging a bus stop in the area. 4. Receive a report, hold discussion and provide direction on the consultant contract for implementation of the Road Impact Fees. PS Arora, Assistant Director of Wastewater, stated that staff had made several presentations to the Council on the land use assumptions. The contract under consideration was for a road impact fees consultant contract and not a road maintenance fee. At the September 2013 meeting, Council directed staff to get input from the Developer's Committee before proceeding with engaging a consultant for implementation of the impact fees. Staff made a presentation to the Developer's Committee on November 15th. The Committee gave a unanimous support on proceeding with the road impact fees with a request that there be presentations to the Developer's Committee during the progress of implementation of the impact fee study Proposal request for Kimley-Horn and Associates (KHA) — The City purchased the rough proportionality model from KHA in 2009. Staff had been using this model for street exactions when a request for proportionality was submitted by a developer. This rough proportionality model would be an integral part of the impact fee ordinance. Highlights of the KHA proposal — the proposal included (1) project initiation and management, (2) land use assumptions, (3) master plan review and impact fee capital improvements plan, (4) maximum fee calculations and rate analysis, (5) roadway impact fee study document and adoption process, and (6) administration tools. Staff needed direction from Council on how much interest there was to do an infill area and a TIF area. A consideration might be to not charge impact fees in a larger area or just not charge in a smaller downtown area. Council Member King asked if the study would also discuss collector streets and what would be reasonable for those types of streets. Arora stated that what streets classifications might have to be reduced would be looked at as the process progressed. City of Denton City Council Minutes December 17, 2013 Page 4 Mayor Burroughs noted that the vast majority of the area in the central part of the City was redevelopment as opposed to large tracts of vacant land. Re-developing in this type of area was expensive and with the addition of a road impact fee would just increase the expenses for redevelopment. Arora stated that the existing use could be examined and if comparable or a small increase would be needed, the impact fee would not be charged. Staff could look at these areas and draft a proposal for Council consideration. KHA would prepare existing, build-out and then the 10-year land use assumptions. Based on the Mobility Plan, KHA would analyze the existing capacity of the roads and project the capacity requirements for the 10-year impact fee planning window. Based on the existing capacity available and the project capacity required, KHA would develop a 10-year impact fee capital improvements plan. KHA would also assist with the adoption of the Land Use Plan and the 10- year Impact Fee Capital Improvement plan at the Capital Improvement Advisory Committee (CIAC) and Council meetings. After that, the impact fee calculations would be presented to the CIAC and Council. Based on direction from the CIAC and Council, staff would prepare road impact fee ordinance for adoption in public hearings. Administrative Implementation of the Road Impact Fees — KHA would create a Road Impact fee estimator spreadsheet tool to assist in calculating a development's transportation impact fee based on the impact fee rates adopted. Based on the ordinance adopted, KHA would update the existing roadway rough proportionality worksheet. This updated worksheet would capture the City's existing rough proportionality policies and the potential use of the maximum roadway impact fee as a basis for making rough proportionality determinations. Impact Fee Procedures — procedures would include (1) approval of a Council resolution to consider impact fees (2) appointment of a Capital Improvements Advisory Committee, (3) land use assumptions, CIP and impact fee recommendation from the CIAC, (4) public notice of hearings 30 days in advance, (5) reports made available to the public and (6) public hearings and adoption. There would be separate hearings for the land use assumptions/CIP and impact fees. The impact fee ordinance would be approved within 30 days. The proposal was to complete the land use assumptions, impact fee capital improvements plan and maximum impact fee calculations in six months. Staff was targeting the January 7, 2014 council meeting for approval. Council Member Roden stated that another aspect was the walkable nature of the streets and suggested keeping that in the plan and part of the evaluation. Mayor Burroughs stated that a Downtown walking area was a strategic goal for the City and suggested building those amenities to get people to the area. Council Member Engelbrecht suggested building in an incentive system for bikes. Arora stated that staff would look at the Mobility Plan and related bike sections to see if any amendment was needed to establish bike lanes. Consensus of the Council was to proceed with the contract and ordinance for the January 7tn council meeting. City of Denton City Council Minutes December 17, 2013 Page 5 Following the completion of the Work Session, the Council convened in a Closed Session at 4:25p.m. to consider the items listed below. l. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071 l. Consultation with the City's attorneys regarding legal advice concerning Agenda Item 6.A. where a public discussion of this legal matter would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. B. Deliberations regarding Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. l. Receive a presentation from Denton Municipal Electric ("DME") staff regarding public power utility competitive, financial and commercial matters pertaining to Texas Municipal Power Agency, a Joint Powers Agency ("TMPA"), being a generation resource owned in common by the City of Denton, Texas, which holds a 21.3% interest in the same; including without limitation, plans, proposals, possible revisions to the power sales contract, system improvements, fuel contracting, other contracting issues, the fixed and variable costs of operation of the generation unit, and capital improvement plans for the TMPA generation unit. Discuss, deliberate and provide staff with direction. C. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; and Consultation with Attorneys - Under Texas Government Code Section 551.071. l. 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 Perry Survey, Abstract No. 1040; John Scott Survey, Abstract No. 1222; John Bacon Survey, Abstract No. 1541; and the John Davis Survey, Abstract No. 326, City of Denton, Denton County, Texas, and generally located along Western Boulevard between Airport Road and Jim Christal Road. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and City of Denton City Council Minutes December 17, 2013 Page 6 condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 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 M.E.P. & P.R.R. Survey, Abstract No. 1475, and the Mary Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, and located generally running north from the Spencer Electric Substations to McKinney Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 3. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the in the O.S. Brewster Survey, Abstract No. 56, located generally in the 1700 block of South Bonnie Brae Street; and (2) in the A. Tompkins Survey, Abstract Number 1246, Denton County, Texas, located generally in the 1800 block of South Bonnie Brae Street, all property interests within the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. (Bonnie Brae Street Widening and Improvements project) 4. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and located generally in the 2100 block of South Mayhill Road. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would City of Denton City Council Minutes December 17, 2013 Page 7 jeopardize the City's legal position in any administrative proceeding or potential litigation. (Mayhill Road Widening and Improvements project) D. Deliberation regarding personnel matters - Under Texas Government Code Section 551.074. l. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, and City Manager. This item was not discussed. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney, Denton, Texas./ 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 There were no proclamations/presentations for this meeting. 3. CITIZEN REPORTS There were no citizen reports for this meeting. 4. CONSENT AGENDA Mayor Burroughs stated that Items D, E and F would be removed from the Consent Agenda and considered individually. Council Member Roden motioned, Council Member Hawkins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items D, E. and F. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins — "aye". Motion carried unanimously. Ordinance No. 2013-335 A. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2012-268, prescribing the number of positions in each classification of Police Officer; providing a repealer clause; and declaring an effective date. Resolution No. R2013-040 B. Consider approval of a resolution of the City Council of the City of Denton to City of Denton City Council Minutes December 17, 2013 Page 8 form a Regional Law Enforcement Mutual Aid Task Force Agreement with other area law enforcement agencies for the purpose of providing and receiving law enforcement assistance; and providing an effective date. Ordinance No. 2013-336 C. Consider adoption of an ordinance accepting competitive proposals and awarding public works contract for the supply and installation of a Prefabricated Communications Shelter for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5343- awarded to GFRC Shelters in the not-to-exceed amount of $119,637. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-340 G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to a Professional Services Agreement for Engineering Services by and between the City of Denton, Texas and Black & Veatch Corporation, for Electric Engineering Services relating to the Arco Substation as well as other Denton Municipal Electric projects; authorizing the expenditure of funds therefor; providing an effective date (File 5089 in the additional amount of not-to-exceed $781,400; aggregating a total not-to-exceed $1,345,400). The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-341 H. Consider adoption of an ordinance accepting competitive proposals and awarding an initial one (1) year contract with the option to extend for four (4) additional one (1) year periods for Individual and Aggregate Stop Loss Insurance for the City of Denton's Self-Funded Health Benefits Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 5425- Individual and Aggregate Stop Loss Insurance for the City of Denton awarded to UnitedHealthcare Insurance Company, in the annual estimated amount of $1,074,789.48 for a five (5) year estimated expenditure of $5,373,947.40). Ordinance No. 2013-342 L Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute the First Amendment to a Contract by and between the City of Denton, Texas, and Open Systems International, Inc. (OSI) regarding a Licensing Agreement for the Electric Reliability Council of Texas (ERCOT) Market Interface, which is available from only one source, and 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 ERCOT bids, price, offers, and related services for purposes of supporting the Energy Management Operation of Denton Municipal Electric (DME); providing for the expenditure of funds therefor; providing an effective date (File 4074-awarded to Open Systems International, Inc. in the additional not-to-exceed amount of $301,240, aggregating a total amount not-to-exceed $504,659). The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-343 J. Consider adoption of an ordinance of the City of Denton, Texas prohibiting City of Denton City Council Minutes December 17, 2013 Page 9 parking on both sides of Fry Street from its intersection with Oak Street to its intersection with Scripture Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date.. The Traffic Safety Commission recommends approval (5-0). Ordinance No. 2013-344 K. Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving a Memorandum of Understanding by and between the City of Denton, Texas and Mesquoakee, LLC, a Texas limited liability company for the provision of electric services for the development known commonly as the Hills of Denton; providing the City Manager with authority to perform said Memorandum of Understanding and to expend funds as necessary; providing for an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-345 L. Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving the third extension to the agreement by and between the City of Denton, Texas and Denton 288, L.P. for the Provision of Sanitary Sewer and Water Facilities" originally entered into on the Sth day of June, 2007, said third extension being entered into by the City and MESQUOAKEE, LLC., the present owner of record of the affected realty; providing the City Manager with authority to perform said third extension and to expend funds as necessary; providing for retroactive confirmation and approval thereof. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-346 M. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute Amendment No. 3 to Tower Lease, by and between the City of Denton, Texas and Dallas, MTA, L.P., d/b/a/ Verizon Wireless respecting certain tower space on the McKenna Park Tower; providing for the expenditure of funds therefor; providing for an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-347 N. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to surrender to DRP Country Lakes, LLC that certain irrevocable standby letter of credit dated October l, 2009 drawn on J.P. Morgan Chase Bank in the amount of $176,143.93 in which Wynne/Jackson Lakes Development, L.P. is the applicant and the City of Denton, Texas is the beneficiary; and further releasing DRP Country Lakes, LLC, a successor real property owner to Wynne/Jackson Lakes Development, L.P. from any financial obligation regarding that certain letter agreement dated December 29, 2000 by and between the City of Denton and Wynne/Jackson Lakes Development, L.P.; authorizing the acceptance of a replacement irrevocable standby letter of credit from the present owner of that certain real property being generally known as Country Lakes, in the City of Denton, Texas, Bloomfield Homes, L.P., in the amount of $176,143.93; providing City of Denton City Council Minutes December 17, 2013 Page 10 an effective date. Ordinance No. 2013-348 O. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute an Easement Purchase and Abandonment Agreement (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Terrano Realty, Inc., a Texas corporation (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of three easements consisting of 4.499, 0.223, and 2339 acres, respectively, being situated in the M.E.P. & P.R.R. Survey, Abstract No. 1475, and the Mary Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, located generally running north from the Spencer Electric Substations to McKinney Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures (herein, the "Project"), for the combined purchase price of Four Hundred Fifty Four Thousand Two Hundred Forty Three and No/100 Dollars ($454,243.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Easement Purchase and Abandonment Agreement; authorizing the expenditure of funds, therefor; and providing an effective date. (69kV Transmission Line Re-build Project) The Public Utilities Board recommends approval (6-0). A�roved the minutes listed below P. Consider approval of the minutes of: October l, 2013 October 7, 2013 October 14, 2013 October 15, 2013 October 22, 2013 October 29, 2013 November 4, 2013 November 5, 2013 Ordinance No. 2013-349 Q. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of two (2) NP3231 8-inch pumps for the City of Denton Cooper Creek Pump Station, which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5431 awarded to Xylem Water Solutions USA, Inc. in the not-to-exceed amount of $62,741.35). The Public Utilities Board recommends approval (6-0). Items D, E, and F were considered. Ordinance No. 2013-337 D. Consider adoption of an ordinance of the City of Denton, Texas amending the City of Denton City Council Minutes December 17, 2013 Page 11 Fiscal Year 2013-2014 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Capital Improvement Program of one million seven hundred and fifty thousand dollars ($1,750,000), increasing appropriations from $323,657,313 to $325,407,313, to provide for costs associated with Phase I of the Taxilane Quebec Hanger Development Project for the City's Airport; declaring a municipal purpose; providing a severability clause; an open meetings clause; and providing for an effective date. Ordinance No. 2013-338 E. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the Airport Fund with Certificates of Obligation with an aggregate maximum principal amount not to exceed to $1,750,000 to allow for engineering and construction services for Phase I of the Taxilane Quebec Hanger Development Project; and providing an effective date. Ordinance No. 2013-339 F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for Aviation Engineering and Consulting Services for the City of Denton Enterprise Airport with Aguirre Roden, Inc. in an amount not-to-exceed $272,804; providing for the expenditure of funds therefor; and providing an effective date (File 5357- awarded to Aguirre Roden, Inc.). Council Member King felt that as an investor this proposal might be a good investment for the City but for the City government to be involved, it might be a bad choice. He did not like taking the place of private investment as it possibly could push out private investors or future investors who did not want to compete against the City. Mayor Burroughs noted that there was a long waiting list for hanger services at the Airport. Without additional space, progress would be regressive and the Airport needed to support itself. He felt it was necessary to utilize the resources to the best possible to bring in funds. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Roden, Council Member Hawkins —"aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS Ordinance No, 2013-350 A. Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to the surface estate, with waiver of surface use related to the mineral estate, of a 0.08 acre tract, (ii) a utility and slope easement, encumbering 0.03 acre, (iii) a slope easement, encumbering 0.01 acre; and (IV) a temporary construction, City of Denton City Council Minutes December 17, 2013 Page 12 grading and access easement, encumbering 0.01 acre, for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway located in the City of Denton, Texas, generally located in the 1800 block of South Bonnie Brae Street and situated in the A. Tompkins Survey, Abstract No. 1246, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A", attached to the ordinance and made a part thereof (collectively, the "Property Interests"); authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefor; making findings; providing a savings clause; and providing an effective date. (Parcel 18 - Thomas - Bonnie Brae Widening and Improvements proj ect) Paul Williamson, Real Estate Manager, presented the details on the item. He stated that this was the use of eminent domain on the Bonnie Brae Widening and Improvements Project. The City was seeking to acquire tracts from the Thomas family but as there was no clear title the eminent domain process was necessary. Council Member Engelbrecht motioned "I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (1) fee simple to the surface state, with waiver of surface use related to the mineral estate, to a 0.08 acre tract; (2) a utility and slope easement, encumbering 0/03 acre; (3) a slope easement, encumbering 0.01 acre; and (4) a temporary construction, grading and access easement, encumbering 0.01 acre, all tracts being situated in the A. Tompkins Survey, as more particularly described in Exhibit "A", to the ordinance now displayed to the audience, for the public use of widening and expansion of Bonnie Brae Street in the City of Denton, Texas". Council Member King seconded the motion. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins —"aye". Motion carried unanimously. Real property description is attached as Exhibit 1 to the Minutes. 6. PUBLIC HEARINGS A. Hold a public hearing and reconsider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 2(NR-2) zoning district and land use designation to a Neighborhood Residential 3(NR-3) zoning district and use classification on approximately 753 acres of land located on the south of Ryan Road, north of the Kansas City Southern Railroad, approximately 950 feet east of FM1830 and approximately 800 feet west of Forrestridge Drive, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date (Z13-0006, Kelsoe Tract). The Planning and Zoning Commission recommends approval (6-1). The City Council previously denied (3-3). Brian Lockley, Director of Planning and Development, presented the details of the project. The proposal would amend the zoning classification from NR-2 to NR-3. He reviewed the location City of Denton City Council Minutes December 17, 2013 Page 13 of the property and the history of the project. The Planning and Zoning Commission held a public hearing on September 25th with a 6-1 approval. The Council held a public hearing on November Sth which ended in a 3-3 tie vote which was a denial. The Council then passed a motion to rehear the item on November 19th. The future land use map, the current zoning map, proposed zoning, and location of gas wells were reviewed. On November 19th, Council directed staff to work with the applicant to buffer the future homes and notify home purchasers of the gas well sites on the property. Discussion of Conditions - Gas Well Location and Buffering • Homes would be located a minimum 200 feet from the gas well drilling and location production site, per code. • A type D buffer would be required between residential and industrial uses. Notification options - staff discussed 4 options to notify home purchasers with the developer on November 26th. Option A would put a note on the plat identifying gas well drilling and production sites. The developer would be willing to pursue this option. Option B would have the location of gas well drilling and production sites identified in the Covenants and Deed Restrictions of the Homeowner's Association. This option was more likely to be seen by homebuyers but still might not be read. The developer was willing to pursue this option. Option C would file a separate notice with Denton County noting the location of gas well drilling and production sites for all properties within 1200 feet. This notice was intended to come up on a title search. This would be a document that would appear in title search so every subsequent purchaser would be notified. However, not everyone read documents at closing of their home and may translate to increased interest rates from lenders. The developer was not willing to pursue this option. Option D would have location of gas well drilling and production sites noted in the sales contract from the builder to the first homeowner. This would notify the first purchaser of the home from the builder but no any subsequent purchasers. The developer was not willing to pursue this option. One other condition relating to gas well drilling and operations related vehicle traffic not being allowed to use platted constructed roadways within the property to access the Pittner Pad sites had been removed. Staff had worked with the developer for a better access to the site. Lockley reviewed site photos of the property, zoning analysis, analysis criteria, and the Planning and Zoning Commission recommendation. The Planning and Zoning Commission recommended approval with the following conditions: • a Type D landscape buffer be provided between the single family the existing drilling site on the property • purchasers of lots in the subdivision that were within 1200 feet of the existing gas well pad site were to be notified about the location of the Pittner Pad Site through all of the following mechanisms: o(a) a note placed on the residential plat identifying the Pittner Pad site. Said note would include a statement that advised lot purchasers the existence of producing City of Denton City Council Minutes December 17, 2013 Page 14 wells, as well as the possibility that the well on the Pittner Pad Site may be re- drilled and/or re-fracked in the future o(2) Bob Shelton Enterprises would include in the subdivision's Declaration of Restrictive Covenants or a restriction in the Deeds for all subdivision lots the same information described in (a) o A separate recordable instrument that provided the same information described in (a) would be filed with the Denton County Clerk's Office. Before recordation, Bob Shelton Enterprises would submit the proposed instrument to the City Attorney's Office for its review and approval of the instrument. • every sales contract between the builder and the first home purchaser of each lot would be provided a copy of the city approved plat that depicts the location of the Pittner Pad Site in relation to the lot being purchased, including the plat information described in (a) above. Council Member Roden stated that the last condition was being removed and put in the platting process. He questioned how much different would it be to include it in the ordinance. Lockley stated that two gas wells already had access. When the area was platted, it would be platted over the easement. Staff would like to explore other options to access the sites and remove access from the interior of the site. Until the property was platted, the access would remain the same as it currently was. Council Member Gregory questioned the negotiations regarding the other three wells. Lockley stated that the negotiations involved the surface rights that would preclude drilling in the future. Council Member Gregory expressed concern about the naming of the wells in the ordinance. City Attorney Burgess stated that the ordinance addressed the Pittner pad sites. The developer was seeking subordination agreements for development of the property for the other three sites. The ability to move forward with the development hinged on moving forward with the negotiations for the surface rights. Council Member Gregory stated that in order for him to approve the proposal, he needed assurance requiring notification of any potential gas well and currently that was not the case. The Mayor opened the public hearing. Bob Shelton, Applicant, spoke in favor. He indicated that he had just reviewed ordinance and was concerned with a few issues it contained. Council Member Gregory stated that he was concerned about the removal of the provision regarding gas vehicles on the platted streets. City of Denton City Council Minutes December 17, 2013 Page 15 Shelton stated that if there was a pickup truck that was oil related, it could not drive down the street. Beyond that, oil vehicles were driving all over the City on city streets. He wanted opportunity to visit with the neighbors for an alternate solution. He did not know all the particulars at this point in time. Council Member Gregory asked what would happen if an alternative route was not available. Shelton stated that he would visit with the neighbors if he couldn't use the city street. It was in their best interest to keep the traffic off the streets but he couldn't say for certain at this point in time what the process would be. Council Member Gregory asked about the other three well sites. Shelton stated that they were in dialog with lease holders of the property. In the event he could not get a surface waiver he would use the 250 notification with the current zoning. Mayor Burroughs asked if it would be possible to place all five sites instead of the two sites in the ordinance or further condition the ordinance on getting those three sites included. Shelton stated that he did not have a problem adding the sites to the ordinance. Council Member King asked if the two sites would still be developed or would Shelton pass on the development if he couldn't get the surface rights. Shelton stated he would develop as is and agreed with the notices about the sites. Paul McCracken with Kimley Horn and Associates spoke in favor of the proposal. He displayed the existing 2 sites with a 250 foot buffer, with a 1200 foot buffer, the 5 gas well sites and approved gas well sites with a 1200 buffer. He showed what the NR-2 zoning would look like if they were not trying to rezone. He stated that the only way to do the NR-3 zoning was by having the three well sites go away. If they couldn't go away, then they would have to do NR-2 zoning. Council Member Engelbrecht asked how many lots could be developed with the NR-2 with all wells. If the zoning was changed to NR-3 and they did not get agreements, would more lots be put in the area. McCracken stated that with NR-3 they could put more lots. If they could not get the surface rights, they would only build the NR-2 size. Council Member Gregory stated that with the Pittner, Fry lA and Halo wells, there currently was a 250 foot restriction with the pad site but there was no permit for a well. McCracken stated that was correct, that they were shown on the current plat but there were no wells. Council Member Gregory stated that Option B for notification centered on deed restrictions but in the substitute ordinance, Option B did not mention anything about a homeowner's association. City of Denton City Council Minutes December 17, 2013 Page 16 McCracken stated that he was in agreement with filing the deed restrictions on the lots whether or not there was a homeowner's association. Zack Thompson, 1750 Valley View, #200, Dallas, 75243, spoke in favor. He stated that the notices needed form as to function. The Covenants, Codes and Restrictions (CCR), option B and plat notice were form and function. Option C was not viable. A loan closer would have an issue issuing a loan with that option. He was not sure the City had the ability to force the altering of closing documents. Most transactions over next 10 years would be from homeowner to homeowner and he felt their obligation was only with the first buyer. Homeowners review in details their CCR more than other documents recorded in the title. He questioned what would happen if the gas well changed. Amending the homeowner's association bylaws was easier to do than releasing the documents and adding a new document. He was not sure a document could be amended after closing. Mayor Burroughs asked about condition D that would convey information to at least the first purchaser. He stated that most sales contracts were standardized and he questioned if there was any other way to include this information at the point of sale. Thompson stated that by state law, a homebuyer had to be issued the CCR or bylaws at the time of the contract. He did not want an obligation via an ordinance with his sales contract which was generated by his home office. He felt that all his counterparts would have the same problem. He questioned what type of enforcement would be associated with the condition. Council Member Gregory stated that he found it hard to understand how a notice about a piece of property would cause a problem during a title search. Thompson stated that he had asked those who worked with title searches. They indicated that if something different appeared in a title search, questions might arise. He felt it would be best to keep as few things as possible from clouding the title but also notifying the homeowners. Council Member Roden asked if Thompson had built near gas wells before and if homebuyers were notified in those situations. Thompson stated that he had built in Fort Worth and Keller. In Fort Worth, the distance was less than 250 feet. Notifying the buyer depended on the buyer profile. More time may be spent with those buyers who did not know about the situation. Many buyers came in with knowledge already. Mayor Burroughs asked what types of notification he done before to notify potential buyers of the proximity of a well. Thompson stated that he never had a city obligate to him notify a homebuyer. The plats showed show the gas wells or future pad sites. The following individuals also spoke during the public hearing: Steve Friedson, 2044 W. Oak, Denton, 76201 - spoke in opposition. City of Denton City Council Minutes December 17, 2013 Page 17 Cathy McMullen, 805 Ector, Denton, 76201 - spoke in opposition. Ed Soph, 1620 Victoria, Denton, 76209 - spoke in opposition. Elise Ridenour, 2044 West Oak, Denton, 76201 - opposed Council Member Roden stated Shelton had sent the Mayor a letter indicated that he was willing to put notification in each sales contract. He questioned why that had changed. Shelton stated that he did not know it would be contrary to the sales people/builder. Mayor Burroughs stated that Shelton's letter suggested language prepared with an attached map. Shelton stated that was the language to put in the CCR with a map. Mayor Burroughs asked what would happen if the three wells stayed. Shelton stated he would have to resend the notices. Mayor Burroughs questioned if language could be provided for both situations. Language would be needed if the three wells did not go away. Shelton stated that if the wells did not go away, he would go ahead with NR-2. Mayor Burroughs stated if the three sites were not eliminated, the NR-3 would go away. Shelton stated he would plat the current NR-2 zoning. City Attorney Burgess stated that she was working on some alternative wording to consider. Mayor Burroughs stated that any language in the ordinance would have to provide for that alternative. Council Member Hawkins stated possible language might be that if the NR-3 zoning was approved, the number of homes could be capped at 150 unless the wells went away. He asked Shelton what things he had been doing with the community. Shelton stated that they had given the City a right-of-way dedication, landscaped the road right- of-way for the school, provided a 6 foot screen and bike racks and donated $30,000 to the school to use as they desired. Carol Soph, 1620 Victoria, Denton, 76209, submitted a Comment Card in opposition. The Mayor closed public hearing. Mayor Pro Tem Kamp suggested adding the names of the other three gas wells to the ordinance. City Attorney Burgess stated that language could be added naming the other sites and include a phrase in connection with the subordination of the surface use. City of Denton City Council Minutes December 17, 2013 Page 18 Lockley stated that instead of naming the wells, it might be better to identify the locations without specific names in case the property was sold and future operators changed the names. Reference the locations of the wells instead of names of the gas wells as they could change in the future. Council Member Gregory stated that it had been suggested by a citizen to develop an ordinance that would require any developer in the City developing a gas well site within 1200 foot radius of the gas well be subject to a different ordinance to provide notice to the homebuyer. He questioned if that were possible and not do it with a change of zoning. City Attorney Burgess stated that the Planning Department and Legal were heading in that direction and looking to Council specifically for the notice provisions. Council Member Gregory stated that the final configuration of the development was waiting for procurement of the surface waivers. If it was not pressing that Council conclude their deliberations this evening, he was leaning towards postponing the item to a date certain of procuring the surface rights. Shelton stated that delaying the proposal would slow down the whole process plus he had other obligations to meet in certain time frames. He recognized the concern until the issue of the surface waiver was settled but if it was going to be a 30-60 day delay, it would be very hard on the proj ect. Mayor Burroughs asked if Shelton would agree to conditional zoning on the acquisition of the surface waivers. Shelton stated he would be agreeable to that. Council Member King suggested approving the proposal with a surface waiver condition with Items 1 and 2. Council Member Gregory stated that the developer indicated that he could not go forward with project without surface waivers and if there were no surface waivers, he didn't need the zoning change. He felt the Council did not need to act until surface waiver issue was resolved. Shelton stated that a lot of money had already been spent to get to this point. He had to have the surface waivers to make this work. Mayor Burroughs asked if the surface wells would subordinate the rights for the entire property. Shelton replied correct. Mayor Burroughs stated that a condition was needed for the zoning that presumed the elimination of the other sites within the subject property. If not, then they did not get the requested zoning. Shelton stated that if the zoning was successful but they did not get the surface waivers, then he would be through with the tract. He could not develop the property without the surface waivers. City of Denton City Council Minutes December 17, 2013 Page 19 Council suggested various wording scenarios for dealing with the surface waivers and the associated conditions in the ordinance. City Attorney Burgess suggested that Council consider laying the item on the table, proceeding with the other items on the agenda and then go into Closed Session to discuss the proposal. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to lay the item on the table. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins —"aye". Motion carried unanimously. Council continued with the items listed on the agenda. Ordinance No. 2013-352 B. Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending Subchapter 22 of the Denton Development Code, pertaining to certain definitions and to the sequence of permits necessary for construction, drilling, and production activities; providing a cumulative clause; providing a severability clause; providing for a penalty; and an effective date. The Planning and Zoning Commission recommends approval (7-0). (DCA13- 0003) Brian Lockley, Director of Planning and Development, presented the details of the item. The purpose of the item was to amend Subchapter 22 of the Denton Development Code pertaining to definitions and sequence of permits for gas well drilling and activities. He reviewed the background information of the amendment. The intent of the amendment was to clarify current practice and to remain consistent with the updated fire code. Amendment 1 revised the definition of a gas well permit, identified the issuing entity as the Planning and Development Department and included activities described in Development Code clarifying the City's current practice. Amendment 2 added a number 5 to the requirements for authorization for gas well drilling to include an approval of a fire code operational permit. That permit was the last step prior to drilling the well. Council Member Roden questioned the vested rights and whether these amendments would be subject to vested rights claims. Lockley stated that these amendments were in the zoning portion of the ordinance and would have to be followed. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes December 17, 2013 Page 20 Council Member Hawkins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins — "aye". Motion carried unanimously. 7. CITIZEN REPORTS There were no citizen reports for this section of the meeting. 8. 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 taken, 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 reminder 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. There were no items presented. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs announced that the Council would convene in Closed Session to discuss the Public Hearing item listed on the agenda as Item 6A. Council convened in Closed Session at 9:25 p.m. Following the completion of the Closed Session at 9:50 p.m., the Council returned to Open Session to continue the discussion of Item 6A on the Agenda. 6. PUBLIC HEARINGS Ordinance No. 2013-351 A. Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to the surface estate, with waiver of surface use related to the mineral estate, of a 0.08 acre tract, (ii) a utility and slope easement, encumbering 0.03 acre, (iii) a slope easement, encumbering 0.01 acre; and (IV) a temporary construction, grading and access easement, encumbering City of Denton City Council Minutes December 17, 2013 Page 21 0.01 acre, for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway located in the City of Denton, Texas, generally located in the 1800 block of South Bonnie Brae Street and situated in the A. Tompkins Survey, Abstract No. 1246, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A", attached to the ordinance and made a part thereof (collectively, the "Property Interests"); authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefor; making findings; providing a savings clause; and providing an effective date. (Parcel 18 - Thomas - Bonnie Brae Widening and Improvements project) Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to remove the item from the table. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins —"aye". Motion carried unanimously. City Attorney Burgess suggested the following wording for the item: (1) adding the plat as shown with a reference to the attachment rather than the sites; (2) in Section 2, paragraph 2, second line for notice provisions add wording to the effect that the developer shall notify lots in the property within 1200 of the gas well sites depicted on the exhibit unless such well site was subject to subordination agreement of the mineral interest of surface use. Mayor Burroughs asked if the wording regarding the subordination of the surface use eliminated the drilling sites or just shifted control of the surface rights. City Attorney Burgess stated that it would be the subordination to the surface rights. Mayor Burroughs suggested "unless eliminated through subordination agreement". It would provide the same concept. City Attorney Burgess continued that the proposed language would include a declaration of covenants in 2A and would strike the condition of 2c, 2d, and 3 under Section 2. Council Member Engelbrecht state that he would be voting against the motion as it gave up density to get notification. It would remove obstacles but there was nothing for the homeowner and homebuyer. Mayor Burroughs stated that the proposed wording was trying to accomplish something in the City by creating the ability to require notice of future owners regarding the presence of gas wells in the area. If nothing was done, NR-2 zoning would be developed. This would provide an opportunity to notify future buyers of the development situation. Council Member Gregory stated that this was a balancing of the competitive interests of mineral owners and property owners where mineral owners were more favored by current state legislation than property owners. Providing notice will be a positive for informed purchasers. Mayor Pro Tem Kamp motioned, Council Member Hawkins seconded to adopt the ordinance with the wording provided by the City Attorney. City of Denton City Council Minutes December 17, 2013 Page 22 On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Gregory, Council Member King, Council Member Hawkins —"aye". Council Member Engelbrecht and Council Member Roden —"nay". Motion carried with a 5-2 vote. With no further business, the meeting was adjourned. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS "� o � � �. �� N 0 �� �. : � �� � � a o �� � ' � �= � � �c -� Thomas Property Location a� �_ � �_ W W � �-- � w Q � m w z 0 m Exhibit 1 � � Q � o H1GHL�N z �. o Q J � WHIPPO� TREMONT CIR = WILLOWWOOD � ` HIGHL OLAR WAY , � ''. _ � N `� p,� G����� _ � _ _ � Location Map WESTR COUR � � � W J � o v, � �I��W � � r� � � :_ d00� ��,�J I�EL � � w <t z Q Q Q' � � � W � � � o Q � N Q U � � _ � _ :. PARK_RD �r-- .� �� � `�� N � � °� � . �.. THOMAS - P18 Bonnie Brae Widening and lmprovements ,A s PAGE ! OF 2 \ � 3824 3. BONNIE BRAE JONES FAMILY TRU9T VOL. 773, PG. 83 D.R.D.C.T. �� 0'32'27" R-6600.60' T@32.09' L-64.19' Cb-N24'05'39"W Lc=64.19' 5900 S. BONNIE 6fiAE BONNIE BRAE UENTON INVESTMENT. LTO LOT i BLOCK 1, M 6 0 NE�fAL AODITION. CAB. 0. P0. 362 P.R.O.C.T. EXHIBIT A - Property Interests �A� n L � �'� � m s�,9� O�� 9 v i'� �� : � � �.. s pq o 0.�i� ¢ �� 0 z �w ;s �m O ' pM �;¢ o� �� o a a ...... aiM 0�0 m < Ch" i �� �� 2315 WILLOWW000 ST. ELIZA T. SHOCKLEY IN9T. N0. 2005-74299 O.R.D.C.T. POINT OF BEGINNING FND IHON POST `� f. r , , � �h. �.4 3_. , y � �" i ° 1�[�)(D `•,_, 1101 �'+ N f�r+ ,'��, .e� Z ,�• N^ ''O� , �'� O N . `1� �+ � " sE. , � C t� � :� .f `a� , � . _ - -- -- � ` � _ ; ( , I 9J2" I.R.� ,�fiAE CAP SP`2" I.R. CrAT CAP 1841 S. BONNIE BRAE LOT 1, BLOCK 1, OREN & RUTH THOMAS INST. N0. 95-0057929 D.R.O.C.T. ����r. �����' ����� ���. ������ � � � -- BASIS OF BEARING IS NORTH AMERICAN DATUM NOTE: SET 1/2" I.R. W/ GAI CAP TO OF 1983 (NAD-83) STATE PLANE COORDINATE BE SET AT END OF CONSTRUCTION. SYSTEM, TEXAS NORTH CENTRAL. � - P18—ROW-1 , BEING A � 3,453 SQ.FT./0.08 ACRE RIGHT—OF—WAY DEDICATION I7 SITUATED IN THE A. TOMPKINS SURVEY ABSTRACT N0. 1246 ORAPHIC 5CALE s--�oo� � �r�h��r A��c�ct�t��,ln�. DENTON COUNTY, TEXAS C�i'l�S11LT1H� ��lil����S Ut i'i.#F�N€R� 0 50 100 150 � �x �us� ��, �n� o�a �H��� � ��� � ��� DATE: SEPTEMBER 2011 � �, �-���s �� J/Dentan/PSB-ROW-i � Page 2 of 2 EXHIBIT A - Property Interests PARCEL 18-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION BEING a 0.08 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found iron post, said point being the northwesi comer of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; THENCE North 89°59'11" East, along said common line, a distance of 19.21 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed east right-of- way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 00°21'S7" West, leaving said common line, and along said proposed east right-of-way line, a distance of 175.29 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet and a central angle of 0°32'27", and a long chord which bears North 24°OS'39" West,. 64.19 feet, said point being in the north right-of-way line of the Gulf-Colorado and Santa Fe Railroad (having a variable width R.O.W.); THENCE along said north right-of-way line, and along said non-tangent curve to the right an arc distance of 64.19 feet to a point for corner, said point being in the existing right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 03°58'47" East, along said existing east right-of-way line, a distance of 116.97 feet to the POINT OF BEGII�NING and CONTAINING 3,453 square feet, 0.08 acres of land, more or less. O3-1 'i�"/ G��� . � EXHIBIT A - Pro���ty Interests PAGE 1 OF 2 �yP� 3 � � ��� �r�, es � ;�� so � .�� + _ a '�' 9 � �L� � � .f ��� ��,r � ������ � � r..�;;;� 4�y � � � lB24 S. BONNIE BRAE � JONES FANILY TRUST VOL. 773, PG. 63 D.R.D.C.T. Aa 0 '09' 36" R=6800.60' T=9.53' L�19.06' Cb-N24 '26' 42"W Lc=19.06' � � i i i l I • i i � .i i i i V;s �O ¢ �ix �,� 0 n+ s o� , �� s` �i � � � � y �� � � � ��� �� ; � C� C�"G ��_ FfA IRON €�#7S"6' + r• ,•� i i r a � �. 4 , y � s.; a ° Y~, —�_ ` I � 3900 5. BO�JIE BRAE BDNNIE 6RAE DENTON INVESTMENT. LTU LOT 1, BLOCK 1. M 6 B METAL AODITION. CAB. D, PG. 362 P.R.D.C.T. e — — — a � � � � ' � I / � �� �� i i � ti ,_-� � � � ti �, � , � ; � ' , � � �7u ti -1 �� �— ,� � '� � � ; ,� , ,� � � —�'� ' g d � f� � ` l '� d. 1 � 1 1 � t I W �_ �¢ W� �N _ O W � < W¢ ` o' w a a 1�Y S � . A tV; � .N ���4:�r r R 4� � u �s ��*t ; 2315 NILLOWWOOD 5T. ELIZA T. SHOCKLEY INST. N0. 2005-74299 I"59.'11"E D.R.D.C.T. 9�.�1' POINT OF BEGINNING t ..i1r3 E ..�.. .� � �� � . N N Q � 0 � 1841 S. BONNIE BRAE LOT 1. BLOCK 1, OREN & RUTH THOMAS INST. N0. 95-0057929 D.R.D.C.T. ��,�.�. ������ ��'��y,'� � � �,��''��'�`0� 4� I BASIS OF BEARING I5 NORTH AMERICAN DATUM OF 1983 (NA�-83) STATE PLANE COORDINATE p 1 8— USE — 1 SYSTEM, TEXAS NORTH CENTRAL. — -- --m�- BEING A 1,472 SQ.FT./0.03 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE A. TOMPHINS SURVEY ABSTRACT N0. 1246 DENTON COUNTY, TEXAS GRAPHIC SCALE s--soo• +�r�harr� A���cir�i��,lr��. �DNiU%liF4�r EN6tHEE'Et5 $ �tl�H a�a �x : er�ve. �n`� � ,�rr14'#�Y, "f�'7�+s 7atrtF [Sir'� '1� Ftd�� F—t947 � -� FNR�1x 1a%�a5�i—�o 0 50 100 150 DATE: SEPTEMBER 2011 �/uenton/Niti-ust-x Page 2 of 2 EXHIBIT A - Property Interests PARCEL 18-USE-1 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEING a 0.03 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; THENCE North 89°59'11" East, along said common line, a distance of 19.21 feet to point for the POINT OF BEGINNING, said point being in the proposed east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 89°59'11" East, continuing along said common line, a distance of 8.00 feet to a point for corner; THENCE South 00°21'S7" West, leaving said common line, a distance of 192.65 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet and a central angle of 0°09'38", and a long chord which bears North 24°26'42" West, 19.06 feet, said point being in the north right-of-way line of the Gulf- Colorado and Santa Fe Railroad (having a variable width R.O.W.); THENCE along said north right-of-way line and along said non-tangent curve to the right an arc distance of 19.06 feet to a point for corner, said point being in the proposed east right-of-way line of said Bonnie Brae Street; THENCE North 00°21'S7" East, along said proposed east right-of-way line, a distance of 175.29 feet to the POINT OF BEGINNING and CONTAINING 1,472 square feet, 0.03 acres of land, more or less. +ss ,�� • � �` � PAGE S OF 2 x��` � y� � �� "�^i _Y'��` ;Yti1 �� �� ° �,r ����i,m� j� , �.� \ 7824 S. 90NNIE BRAE JONES FAMILY TRUST VOL. 773, PG. 63 D.R.D.C.T. � txhi�si i H- rrc���rtv interests �� � s 0 �� �',,, �� S� O� �S 9� � � .� J � A� 0'ii'5B" R�6B00.60' Ta11.84' L�23.67' Cb sN24 '37 ' 30 " W Lc�23.67' POINT � i 1 I ti y ; i 4 � I 1 B ..�... '_ �.. �o � �;_ � z 0 � s. I, , ch� ; ' i � �,, , � : � 7 j � F a ^ � a l L �ta s �av € � ' ±' � N00'21' 57"E-;, 53.55' �. ��1 ° 1900 5. BONNIE 6RAE BDNNIE BRAE DENTON INVESTFENT, LTU LOT 1, BLOCK 1, M 6 B METAL ADUITION, LAB. D, PG. 362 P.R.D.C.T. \ � i � J � / � � ' � I � I / � a 1 i 1 : ; ; ,, �. !� , , � , � b--� � ; ti �, , � , , � ; ; � � ' ~1 � � ~' ;.� P�F Y�, 8 1 { �� ; i � �.._° , � .y ' ` , A°p L ', i � � f � N ; �_ � O Q. �� �N s w �i a¢ < °av 0 z w � t '",i u. � a�,� �i�, ;^,.i�'' y�",� �. �� � . `�,H ` , *ti,�'�.,�;' � �.�,�'a 2315 NILLONW000 ST. ELIZA T. SHOCKLEY INST. N0. 2005-74299 D.R.U.C.T. 3 "�?3' 11 "E �7.21� G 6� =���� __.�w.___ r1r.,---- INOf �p.mr �o N f POINT OF r B�GINNING � S69'38'03"E �.� so. oo' 0'21'57"W 75.00' BASIS OF BEARING IS NDRTH AMERICAN OATUM OF 1983 (NAD-83) STATE PLANE COORDINATE P 1 8— SE — 1 SYSTEM, TEXAS NORTH CENTRAL. BEING A 643 SQ.FT./0.01 ACRE SLOPE EASEMENT SITUATED IN THE A. TOMPHINS j ABSTRACT N0. 1246 ; DENTON COUNTY, TEXA5 � � � � � � b+ s, a 1847 S. BONNIE BpAE LOT 1. BLOCK 9. OREN 6 RUTH THOMAS INST. N0. 95-0057929 D.R.D.C.T. ����a. ����� ����,� 4� `� ° p� VP ���#��r � �: SURVEY GRAPHIC SCAIE 1'-100' 0 50 100 150 DATE: SEPTEMBER 2011 ��uenton�rin-at-i f Page 2 of 2 EXHIBIT A - Property Interests PARCEL 18-5E-1 LEGAL DESCRIPTION SLOPE EASEMENT BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; THENCE North 89°59'11" East, along said common line, a distance of 27.21 feet to point; THENCE South 00°21'S7" West, leaving said common line, a distance of 139.10 feet to a point for the POINT OF BEGINNING; THENCE South 89°38'03" East, a distance of 10.00 feet to a point for corner THENCE South 00°21'S7" West, a distance of 75.00 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet and a central angle of 0°11'S8", and a long chord which bears North 24°37'30" West, 23.67 feet, said point being in the north right-of-way line of the Gulf-Colorado and Santa Fe Railroad (having a variable width R.O.W.); THENCE along said north right-of-way line, and along said non-tangent curve to the right an arc distance of 23.67 feet to a point for corner; THENCE North 00°21'S7" East, leaving said north right-of-way line, a distance of 53.55 feet to the POINT OF BEGINNING and CONTAINING 643 square feet, 0.01 acres of land, more or less. � ,�' PAGE S OF 2 �� r,,. S`p � N'� a'����'� +'✓i .���%` ��� r �`' �'�� iB24 5. BONNIE BFAE �lONES FAMILY TRUST YOL. 773, PG, 63 D.R.D.C.T. 1900 5. BONNIE 6RAE 90NNIE BRAE OENTON INVESTMENT, LTD LOT S. BLOCK 1. M 6 9 METAL ADDITION, CAB. D. PG. 362 a.a.o.c.r. ll � EXHIBIT A - Property Interests �i� 1 � r Q ��� �� � S � O� �S 9 y o �.g J � POINT i � y � ti 1 � i i �i � ,' �O Q Qi�� a ;� z . o� . me I �N ' � r ti � ti 1 �;' � i � � , ; � � � FND IF't� �5'� ... �" 1, s , N00'21'57"E , ; 56.93' ; ; � ; L 1 I R,w I I i 1 � E i \ r �\ ' � � ; , �_� � � � � �� � ; ; ti �. , �, ti �� �� � �� ; {� i �� tl� , � s � i J " a___ — � � ; I f — — — — —��,,� ;.. ", � 1 4` ' � � / N 4 I / �, ; . a �n= �o ¢ �� �o N i W � t N Q. ` O as 0 a BASIS OF BEARING I5 NDRTH AMERICAN DATUM OF 19B3 WA�-83) STATE PLANE COORDINATE P 1 8- TCE — 1 SYSTEM. TEXAS NORTH CENTRAL. - - _ BEING A 570 SQ.FT./0.01 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE A. TOMPKINS SURVEY ABSTRA.CT N0. 1246 DENTON COUNTY, TEXAS GRAPHIC SCALE 1'�500' 0 50 100 150 a� .. . � ��� � � i t'`�` ed ���� r^� ft�" ��� ��. ��� b. �' �� i�X�., `�'` �< 2315 WILlONW00D ST. ELIZA T. SHOCKLEY INST. N0. 2005-74299 O.R.D.C.T. 3��4"59'�3"E 2i.29° POINT OF . B$GINNING �.N�. *� ��' � i "� ��.��• ° °��-� S00 '21 ' 57 " W 57.00' —1�8�'38' 03"W 10.00' 1841 5. BONNIE BRAE LOT 1, BLOCK i, OREN 6 RUTH THOMAS INST. N0. 95-0057929 D.R.D.C.T. �,���y. �����n ��°���,� fi� �` ` �������� � DATE: SEPTEMBER 2011 �/uenton�ries-i�c-i Page 2 of 2 EXHIBIT A - Property Interests PARCEL 18-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; THENCE North 89°59'11" East, along said common line, a distance of 27.21 feet to point for the POINT OF BEGINNING; THENCE North 89°59'11" East, continuing along said common line, a distance of 10.00 feet to a point for corner; THENCE South 00°21'S7" West, leaving said common line, a distance of 57.00 feet to a point for corner; THENCE North 89°38'03" West, a distance of 10.00 feet to a point for corner; THENCE North 00°21'S7" East, a distance of 56.93 feet to the POINT OF BEGINNING and CONTAINING 570 square feet, 0.01 acres of land, more or less. � 7 �� � �'c� s �