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2010-266 FILE REFERENCE FORM 2010-266 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amended b Ordinance No. 2011-064 04/19/11 )R sAlegahour documents\ordinances\10\pecan creels interceptor phase ii - ordinance.doc ORDINANCE NO. 2010-266 AN ORDINANCE FINDING THAT A PUBLIC PURPOSE AND NECESSITY EXISTS TO ACQUIRE SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AND AUTHORIZING THE ACQUISITION THROUGH AGREEMENT OR EMINENT DOMAIN OF VARIABLE WIDTH SANITARY SEWER EASEMENTS AND VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS ON THE HEREINAFTER DESCRIBED PARCELS OF REAL PROPERTY SITUATED IN THE CITY AND COUNTY OF DENTON, TEXAS, AND ALL BEING EMBRACED WITHIN THE LIMITS OF THE BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD COMPANY SURVEY, ABSTRACT NUMBER 185 AND THE HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184 FOR THE INSTALLATION OF UTILITIES RELATING TO THE "PECAN CREEK INTERCEPTOR - PHASE II PROJECT"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public purpose and necessity exists, and that the public welfare and convenience require, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by agreement or through eminent domain, variable width permanent and perpetual sanitary sewer easements; and certain temporary construction easements, over, under, and across the subject tracts described in Attachment "1" attached hereto and made a part hereof by reference (hereafter the "Easements"). The project is referred to as the "Pecan Creek Interceptor - Phase II Project." The City Council hereby finds and determines that the acquisition of the Easements through agreement or eminent domain is for a public purpose to provide public utilities, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Attorney, or her designee, shall have the authority to do all things necessary and appropriate to acquire the Easements through agreement or by eminent domain. The City Council delegates to the City Attorney, or her designee, the details of accomplishing this objective including, but not limited to, obtaining final surveys, title insurance, engineering matters, title search, formulating and presenting offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. d PASSED AND APPROVED this the day of '2010. fs MARK A. BU OU \ ',S-,"MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By- 13 A^ 14 If-1/6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: i AU'6 tos 4 Ordinance Attachment 01" Sheet 1 of 36 rthur Surveying Co., Inc. .Professional .h and Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.203 ACRES ' CITY OF DENTON, DENTON COUNTY, TEXAS 'BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to MBS Seed Ltd. Company, recorded under County Clerk's File Number 95-R0019880 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said MBS Seed tract from which a %2 inch iron rod found at the northwest corner thereof and the southwest corner of that certain tract of land described in deed to R. T. Harpool, "Tract No. 2", recorded in Volume 3417, Page 192 of the Deed Records of Denton County, Texas, bears North 00 degrees 47 minutes 58 seconds West, a distance of 47.82 feet, said point also being in the east line of Bell Place, a public roadway; THENCE over, across and through said MBS Seed tract the following two (2) calls: South 46 degrees 10 minutes 43 seconds East, a distance of 222.85 feet to a point for corner; North 89 degrees 52 minutes 13 seconds East, a distance of 74.51 feet to a point in the west line of a T. & P. Railroad right-o€-way; THENCE South 00 degrees 15 minutes 11 seconds West, with the west line of said T. & P. Railroad right-of-way, a distance of 30.00 feet to a point for corner, THENCE over, across and through said MBS Seed tract the following two (2) calls: South 89 degrees 52 minutes 13 seconds West, a distance of 86.42 feet to a point for corner; North 46 degrees 10 minutes 43 seconds West, a distance of 205.35 feet to a point in the east line of said Bell Place; THENCE North 00 degrees 47 minutes 58 seconds West, with the east line of said Bell Place, a distance of 42.15 feet to the POINT OF BEGINNING, and containing 0.203 acres of land, more or less. Y ,~t,•~''F,1 s r~9'F-F ..5......................... N. d W. THAT' FRLEY pl 0 5€302 .,i cA20081cod1pee= creek interceptor Mdwg1291 MR esmtb-revised-2.doc X9, 0 S gg vaP'QQ va ~ I Ordinance Attachment "Z" Sheet 2 0# 36 Arthur Surveying Co., Inc. .1<'m essio_nap Land Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.166 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to M 33S Seed Ltd. Company, recorded under County Clerk's File Number 95-R0019880 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said MBS Seed tract from which a % inch iron rod found at the northwest corner thereof and the southwest corner of that certain tract of land described in deed to R. T. Harpool, "Tract No. 2", recorded in Volume 3417, Page 192 of the Deed Records of Denton County, Texas, bears North 00 degrees 47 minutes 58 seconds West, a distance of 89.97 feet, said point also being in the east line of Bell Place, a public roadway; THENCE over, across and through said MBS Seed tract the following two (2) calls: South 46 degrees 10 minutes 43 seconds East, a distance of 205.35 feet to a point for corner, North 89 degrees 52 minutes 13 seconds East, a distance of 86.42 feet to a point in the west line of a T. & P. Railroad right-of-way; THENCE South 00 degrees 15 minutes 11 seconds West, with the west line of said T. & P. Railroad right-of-way, a distance of 35.15 feet to a point for corner; THENCE over, across and through said MBS Seed tract the following six (6) calls: North 87 degrees 03 minutes 30 seconds West, a distance of 40.45 feet to a point for corner at the beginning of a curve to the right having a radius of 146.84 feet; Continuing with said curve an are length of 142.94 feet, having a delta angle of 55 degrees 46 minutes 26 seconds, whose chord bears North 59 degrees 39 minutes 15 seconds West, a distance of 137.37 feet to a point for corner; North 37 degrees 26 minutes 10 seconds West, a distance of 27.95 feet to a point for corner; North 44 degrees 48 minutes 56 seconds West, a distance of 42.16 feet to a point for corner; North 40 degrees 16 minutes 18 seconds West, a distance of 36.08 feet to a point for corner, cA20081cod*ecan creek interceptor 31dwg1291169 esmt6-revised-2.doc Ordinance Attachment "1" Sheet 3 of 36 rthur Surveying Co., Inc. Rmlessional Land Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 North 86 degrees 23 minutes 37 seconds West, a distance of 5.10 feet to a point for corner in the east line of said Bell Place; THENCE North 00 degrees 47 minutes 58 seconds West, with the east line of said Bell Place, a distance of 25.72 feet to the POINT OF BEGINNING, and containing 0.166 acres of land, more or less. ~4PP~~p ~ ~o"i9 ~.............:..6- . W. THAD 'JRLEY 111 5802 NQ Sjjf{~~~ c:1200ftoftecan creek interceptor3ldwg1291169 esmt&revised-2.doc LINE TABLE LINE BEARING LENGTH L1 NB9'5 '13"E 74.51' NO T H L2 '47' 30.00' L3 NOO0047`58 58"W 42.15' 60 60 L4 S00'15'11"w 35.15' L5 N87'03' 40.45' ' Basis of bearing is based on the City of L6 L7 N3744'48'26''1 056""W W 27. 42.16 95' Denton GIS network. L8 N40'16'18"W .36.08. L9 N8623'37"W 5.10' Tract No. 2 L10 N00'47'58"W 25.72' R. T. Harpool Vol. 3417, Pg. 192 12 RF - - N89'11'43"E_236.89' 1/2 RF NI 00 MBS Seed Ltd. Company CC, No. 95-R0019880 E M P.O.B. 00 N1 P.O.B. Q L9 -Poll °1 w E c z O q) sr 0, s. Z1 a 'o o ~ 0.203 Acres S89 52'13"W ~98~.~6?sh 86.42' a Tract No. 1 `S y342 94, LS R. T. Harpool Vol. 3417, Pg. 192 3r• OF 8ae.s East McKinney Street a~,~•A~o~ (Variable width R.0. W.) y~j' Buffalo Bayou, Brazos & Colorado Railroad rthur Surveying Co., inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 9=5 1-9439 - Fax 972-222-4675 Denton County, Texas 220t Suite 200 - P.O. Box 54 - 2010 - Lewis-We, Texas 750067 O COCIPOCAN MM( JNrM TM 3\ft'-4it99_-t6-nvkM-Bahy IV412WI M3&49 M, CDT Ordinance Attachment °i" Sheet 5 of 36 Arthur Surveying Co., Inc. .1Pxofession.' X---Md Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.201 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to J. Rafael Toledo and Cecilia Toledo, recorded under Instrument Number 2005-84379 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Toledo tract from which the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Thomas Edward Hook, recorded in Volume 2390, Page 21 of the Deed Records of Denton County, Texas, bears South 00 degrees 28 minutes 53 seconds East, a distance of 75.30 feet, said point being in the west line of Frame Street, a public roadway; THENCE over, across and through said Toledo tract the following two (2) calls: North 78 degrees 16 minutes 16 seconds West, a distance of 126.08 feet to a point for comer, North 89 degrees 47 minutes 00 seconds West, a distance of 165.57 feet to a point in the east line of T. & P. Railroad right-of-way; THENCE North 00 degrees 24 minutes 14 seconds East, with the east line of said T. & P. Railroad right-of-way, a distance of 30.00 feet; THENCE over, across and through said Toledo tract the following two (2) calls: South 89 degrees 47 minutes 00 seconds East, a distance of 168.49 feet to a point for corner; South 78 degrees 16 minutes 16 seconds East, a distance of 122.61 feet to a point in the west line of said Frame Street; THENCE South 00 degrees 28 minutes 53 seconds East, with the west line of said Frame Street, a distance of 30.69 feet to the POINT OF BEGINNING, and containing 0.201 acres of ]an more or ess. zLEY III =PPP c:120081cod1pecan creek interceptor31dwg1291169 esnn5-revised.dw Ordinance Attachment 01" Sheet 6 of 36 . rthur Surveyin Co., Inc. Fmfess.io .-W Zand urveYL P.O. Box 54 - Lewisville, Tex is 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' TEMPORARY CONS TRUCTI N EASEMENT 0.200 ACRES CITY OF DENTON, DENTON CO UNTY, TEXAS BEING all that certain lot, tract or parcel of land s. in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 1 5, City of Denton, Denton County, Texas, and being a part of that certain tract of land desc bed in deed to J. Rafael Toledo and Cecilia Toledo, recorded under Instrument Number 2005-8 379 of the Real Property Records of Denton County, Texas, and being more particularly descri d as follows: BEGINNING at a point in the east line of said Toledo t from which the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Thomas Edward Hook, recorded in Volume 2390, Page 21 of the Deed Re ords of Denton County, Texas, bears South 00 degrees 28 minutes 53 seconds East, a distance of 105.99 feet, said point being in the west line of Frame Street, a public roadway; THENCE over, across and through said Toledo tract the following two (2) calls: North 78 degrees 16 minutes 16 seconds West, a distance of 122.61 feet to a point for corner; North 89 degrees 47 minutes 00 seconds West, a di ce of 168.49 feet to a point in the east line of T. & P. Railroad right-of-way; THENCE North 00 degrees 24 minutes 14 seconds East, with the east line of said T. & P. Railroad right-of-way, a distance of 30.00 feet; THENCE over, across and through said Toledo tract the fol owing two (2) calls: South 89 degrees 47 minutes 00 seconds .East, a istance of 171.42 feet to a point for comer; South 78 degrees 16 minutes 16 seconds East, a distance of 119.15 feet to a point in the west line of said Frame Street; THENCE South 00 degrees 28 minutes 53 seconds East, the west line of said Frame Street, a distance of 30.69' feet to the POINT OF BEGINNING, and containing 0.200 acres of land, more or less. OF R BT ...i..•... s.... W. 3`i ti . URN c: 12008\cod\pecsn creek interceptor 3\dwgV9I169 esmt5-nwised.doc r LINE TABLE LINE BEARING A3O. 1~QRTH L2 L1 N S0O0 28' '*2B 4"E 53"E 60 0 60 L3 N0024'14" E L4 S0028'53"F 30.6':_ j Basis of bearing is based on the City of Denton G1S network. 1127 R.F. 11121 R. F. (GM.) M.J e a-I a a+ C E n7 LO I I+} V n] CD K w J. Rafael Toledo & Q Cecilia Toledo E Inst. No. 2005-84379 CN 30' Temporary Construction Esmt. to ° N O Z 0.200 Acres I o z S89'47'00"E 171.42' 57876'16'~E S89'47'00`168.49' S7876'1 ' NR 30' $anitazy Sewer Esmt. 0 = 622.61 P.D.B. a X01 Aores N89 47'00"W 165.57' C 1V7876'16 W -18 W H g 126.08' - .2 - ~ W P. 4. B. 00 EA to ~o^ Thomas Edward Hook 0o Volume 2390, Page 21 \ { cn w CO N O 291.11' _ 0 ~ EAST MCKINNEY STREET= moo:..,., EYM a Buffalo Bayou, Brazos & Colorado Railroad rthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972-221-9439 - F=972-221-4675 Denton . County, Texas 22osrm sttret, se *7 zoo - P0. Eox 54 - 2010 - LewisvsLe, 7as 7so67 o~ae~r~~c~w CRmc mina ~e+ro~a7us_.aa-r.N..eybq ~a~rmfo wSi3v w cor ~ i Ordinance Attachment °1w Sheet 8 of 36 Arthur Surveying Co., Inc, PTiofessional Z.and Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 2214675 30' SANITARY SEWER EASEMENT 0.376 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to ICYlosrow Sadeghian, recorded under Instrument Number 2002-99899 of the Real Property Records of Benton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Sadeghian tract and the west line of that certain tract of land described in deed to Landy L. Mulkey Irrevocable Family Trust, dated May 22, 1984, Patricia Klamuuer, Trustee, recorded under Instrument Number 2005-41779 of the Real Property Records of Denton County, Texas, and from which a % inch iron rod found at the southeast comer of said Sadeghian tract and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Properly Records of Denton County, Texas, bears South 00 degrees 21 minutes 28 seconds West, a distance of 62.48 feet; THENCE over, across and through said Sadeghian tract the following two (2) calls: South 67 degrees 44 minutes 45 seconds West; a distance of 313.67 feet to a point for corner; North 79 degrees 33 minutes 27 seconds West, a distance of 231.92 feet to a point in the east line of Frame Street, a public roadway; THENCE North 00 degrees 09 minutes 16 seconds West, with the east line of said Frame Street, a distance of 30.52 feet to a point for corner; THENCE over, across and through said Sadeghian tract the following two (2) calls: South 79 degrees 33 minutes 27 seconds East, a distance of 228.74 feet to a point for comer; North 67 degrees 44 minutes 45 seconds East, a distance of 317.37 feet to a point in the west line of said Mulkey Family Trust tract; THENCE South 00 degrees 21, minutes 28 seconds West, with the west line of said Mulkey Family Trust tract, a distance of 32.50 feet to the POINT OF BEGINNING, and containing 0.376 acres of land, more or less. c o sr oa390.Aa a5..e . ~M ~41i, THri6' ,:IALEY 02008%codoccm creek inte tx Mwgi291169 esmWrevised. y r J Ordinance Attachment "1' Sheet 9 of 36 rthur Surveying Co., Inc. Professional Land Surveyors P.Q. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' TEMPORARY CONSTRUCTION EASEMENT 0.360 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002-99899 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Sadeghian tract and the west line of that certain tract of land descri bed in deed to Landy L. Mulkey Irrevocable Family Trust, dated May 22, 1984, Patricia Klammer, Trustee, recorded under Instrument Number 2005-41779 of the Real Property Records of Denton County, Texas, and from which a 2/2 inch iron rod found at the southeast corner of said Sadeghian tract and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Totrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, bears South 00. degrees 21 minutes 28 seconds West, a distance of 94.98 feet; THENCE over, across and through said Sadeghian tract the following two (2) calls: South 67 degrees 44 minutes 45 seconds West; a distance of 317.37 feet to a point for corner, North 79 degrees 33 minutes 27 seconds West, a distance of 228.74 feet to a point in the east line of Frame Street, a public roadway; THENCE North 00 degrees 09 minutes 16 seconds West, with the east line of said Frame Street, a distance of 14.59 feet to a point for the southwest corner of that certain tract of land described in deed to Millard F. Thorp, recorded in Volume 2710, Page 553 of the Deed Records of Denton County, Texas; THENCE South 89 degrees 22 minutes 24 seconds East, with the south line of said Thorp tract, a distance of 91.84 feet to a point for corner; THENCE over, across and through said Sadeghian tract the following two (2) calls: South 79 degrees 33 minutes 27 seconds East, a distance of 132.13 feet to a point for corner; North 67 degrees 44 minutes 45 seconds East, a distance of 321.06 feet to a point in the west line of said Mulkey Family Trust tract; c:1200$tcodlp*= creek interceptor Adwg1291169 eanW evised.doc Ordinance Attachment 01" Sheet 10 a f 36 rthur Surveying Co., Inc- P,ro-fessib-nal.and Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 THENCE South 00 degrees 21 minutes 28 seconds West, with the west line of said Mulkey Family Trust tract, a distance of 32.50 feet to the POINT OF BEGINNING, and containing 0.360 acres of land, more or less. OF F ~p Ip~~9tP ..W. iHA';. 74JRLEY 111 q...:» J2 ..„r:. < SttpV i v\200Kcodlpom creek interceptor3Wwg1291169 esmWrevised.doc LINE TABLE LINE BEARING LENGTH FN7790RTH L1 N00'09"W 30.52' L2 soa 21 °282a"w 32.50' L3 N00'09'16"W 14.59' 100 0 100 Feet L4 S89 22'24"E 91.84' L5 S7933'27"E 132.13' Basis of bearing is based on the City of L6 S00.21'28"W 32.50' Denton G15 network. L7 S00'2 '28"W 62.48' L8 S89'26'01 "E 147.09' L9 S89'51'48"E 76.57' L10 N76'40'09"E 76.97' ~p L11 N6439'10"E 76.16' E M L12 N6723'25"E 57.41' 15 L13 N7134'S3"E 35.18' e~'1 L14 N64 446'00"E 70.74' 'Q . Lot 1, Bloch IR I 0 Frame Addition Cabinet K, Page 204 ' Khosrow Sadeglv.an ~ Inst. No. 2002-99899 1 (Remainder) 0 N89'32'59"W 294.92' OI/2xR.F , -~I Q Na 30' Temporary G~.) 32106 ro ao Millard F. Thorp Construction Esmt. ~ °m p Vol. 2710, Pg. 553 o CO 0.360 Acres 63.4 ~31;o es U o . Z L4 N~ ,45E p31 ::0 S7g 3.27„ 5 NgI i ~a" rGw.) p o z° ~E 228.74, i'e~N k 313 `,41R.F. a: vOl _ N7833'27"IN 6$0 5•k~ ,Z 7F c?~7.Rf 231.92' O rj 10) y1~ 7/2'kR.F. a 40 Gustavo Torrez & wife, ~ I L8 T L9 Luz V. Torrez !/21.8.1. C.C. No. 97-80082959 (am) - - ^ EAST MCKINNEY STREET o F GIsTF;~ o+~ W. THAT .'-U1R EY 1l1 ......s SU s;o y0 Buffalo Bayou, Brazos & Colorado Railroad rthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972-221-9439 - 1*ax 972 221-4675 Denton County, Texas 220r say s7ure zoo P.o. Box 54 - 2010 - I ewisvrlle, Texas 75067 a~movccw e~avc mm~rm+ ~d+atz9tfs~_..xew., ro~veam wuµo.n car Ordinance Attachment '1" Sheet 12 of 36 MMMM~~~~ i Arthur Surveying Co., Inc, P fessio.nal -Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0108 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Gregory R. Coward, recorded under Instrument Number 2010-60515 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Coward tract, and the east line of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002- 99899 of the Real Property Records of Denton County, Texas, and from which a 1/2 inch iron rod found at the southeast comer thereof and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, bears South 00 degrees 21 minutes 28 seconds West, a distance of 62.48 feet; THENCE North 00 degrees 21 minutes 28 seconds East, with the east line of said Khosrow tract, a distance of 32.50 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 67 degrees 44 minutes 45 seconds East, a distance of 59.85 feet to a point for corner; South 90 degrees 00 minutes 00 seconds East, a distance of 95.20 feet to a point in the west line of that certain tract of land described in deed to Hamed Mazrouei, recorded under. Instrument Number 2008-64588 of the Real Property Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 11 seconds West, with the west line of said Mazrouei tract, a distance of 39.58 feet to a point for corner; THENCE over, across and through said Coward tract the following three (3) calls: North 47 degrees 58 minutes 37 seconds West, a distance of 14.31 feet to a point for comer; North 90 degrees 00 minutes 00 seconds West, a distance of 78.63 feet to a point for corner; c: 120081cod1pecan creek interceptor 31dwg1291169_esm13 revised.doc Ordinance Attachment "1" Sheet 13 of 36 Arthur Surveying Co., Inc. 1'rofessiawd ..Ir.and Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 South 67 degrees 44 minutes 45 seconds West, a distance of 66.45 feet to the POINT OF BEGINNING, and containing 0.108 acres of land, more or less. I OTF•• F co . gFO cP W. .R`._ • >.LEY IN yo30 n 2~'f rQ. sU-*A- c_1200ftoftecancreek interceptor 31dwg1291169 es►m3 revised.doc Ordinance Attachment `V Sheet 14 of 36 Arthur Surveying Co., Inc. Pinfiession J .:Land Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' TEMPORARY CONSTRUCTION EASEMENT 0.107 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton„ Denton County, Texas, and being a part of that certain tract of land described in deed to Gregory R. Coward, recorded under Instrument Number 2010-60515 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Coward tract, and the east line of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002- 99899 of the Real Property Records of Denton County, Texas, and from which a % inch iron rod found at the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, South 00 degrees 21 minutes 28 seconds West, a distance of 94.98 feet; THENCE North 00 degrees 21 minutes 28 seconds East, with the east line of said Khosrow tract, a distance of 32.50 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 67 degrees 44 minutes 45 seconds East, a distance of 53.26 feet to a point for corner; South 90 degrees 00 minutes 00 seconds East, a distance of 101.12 feet to a point in the west line of that certain tract of land described in deed to Hawed Mazrouei, recorded under Instrument Number 2008-64588 of the Real Property Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 11 seconds West, with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 90 degrees 00 minutes 00 seconds West, a distance of 95.20 feet to a point for corner; South 67 degrees 44 minutes 45 seconds West, a distance of 59.85 feet to the POINT OF BEGINNING, and containing 0.107 acres of land, more or less. e:12008icodlp = creek interceptor ldwg1291169 esmf~. revised.doa f;~ 1o?P;:Q+ ~yO 9~0 SURIJ Ordinance Attachment "1" 40 Sheet ~.5 of 36 FFN7077~R~TH~ 0 40 Feet Basis of bearing is based on the City of Denton G/S network. 30' Temporary Construction Easement I 0.107Acres S9000'00AE 101_12_ _ 3 .2~ N6~5;goo S90 00'00"E 95.20' tOAlb 10 P.O.B. M N~'~g9~ 30' Sanitary Sewer Esmt. co ,fig 9° 0.108 Acres g~ ~tl N90'00'00 "W ~P 04 i a G 78.63 i s jL~~ 56166•Ar5' 1/21 R. F. ~s~ P.O.B. (CM-) 8 F N 3 112"I.R.F. N CO OQ - It C'4 C141 a Gregory R. Coward 100--0 Nail Inst. No. 201.0-60515 Found 1121.. R. F. (GM) 1 LINE TABLE UNE BEARING LENGTH L1 400'21'28"E 32.50' L2 447'58'37"W 14.31 31' •O.F„ F L3 N00'21'28"E 32.50' TBgti~: r.~ L4 S00 03'41 "W 12.18' G3,.•' sN Gustavo Torrez & wife, ! Luz V. Torrez I ' W. K C.C. No. 97-R0082969 1 Buffalo Bayou, Brazos & Colorado Railroad Arthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972 22I 9439 - Fax 972-221-4675 Denton County, Texas 220 Eft sheet, Suite 200 P.O. Box 54 - 2009 - Lewisville, Texas 75067 amm~c®vec~ ~ art~mi 3ww~emw,_••~-r.N..~n ~~ia.ia a~s~ r" car Ordinance Attachment "1" Sheet 16 of 36 Arthur Surveying Co., Inc. Profession-d hand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office. (972) 221-9439 - Fax: (972) 221-4675 SANITARY SEWER EASEMENT 0.212 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, and also being a part of Lot 4, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows; BEGINNING at a %2 inch iron rod found at the most easterly northeast corner of said Mazrouei tract and the southeast corner of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, said point being in the west line of North Bradshaw Street, a public roadway; THENCE South 00 degrees 32 minutes 26 seconds West, with the west line of said North Bradshaw Street, a distance of 19.54 feet to a 100-D Nail found for the northeast comer of that certain tract of land described in deed to William P. Phillips, Trustee, recorded under County Clerk's File Number 97-RO011423 of the Official Public Records of Denton County, Texas; THENCE North 89 degrees 10 minutes 52 seconds West, with the north line of said Phillips tract, a distance of 16.14 feet to a point for comer; THENCE over, across and through said Mazrouei tract the following two (2) calls: North 88 degrees 21 minutes 29 seconds West, a distance of 251.70 feet to a point for corner; North 47 degrees 58 minutes 37 seconds West, a distance of 81.37 feet to a point in the west line of said Mazrouei tract from which a '/2 inch iron rod found bears South 00 degrees 03 minutes 11 seconds West, a distance of 12.18 feet; THENCE North 00 degrees 03 minutes 11 seconds East, with the west line of said Mazrouei tract, a distance of 39.58 feet to a point for comer; THENCE over, across and through said Mazrouei tract the following three (3) calls: South 90 degrees 00 minutes 00 seconds East, a distance of 0.86 feet to a point for corner; c1260ftodlpecancreek interceptor 31dwg1291169 esmtl-revised-2.doc y Ordinance Attachment '1' Sheet 17 of 36 Arthur SurveyM9 Co., Inc. -Professional -Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972),221-4675 South 47 degrees 58 minutes 37 seconds East, a distance of 96.17 feet to a point for corner; South 88 degrees 18 minutes 26 seconds East, passing at a distance of 129.69 feet to a point for corner in the west line of said Turrubiartez tract; THENCE South 01 degree 29 minutes 15 seconds West, with the west line of said Turrubiartez tract, a distance of 10.11 feet to a ")C' found for the southwest corner thereof; THENCE South 88 degrees 21 minutes 29 seconds East, with the south line of said Turrubiartez tract, a distance of 126.71 feet to the POINT OF BEGINNING, and containing 0.212 acres of land, more or less. W. Tr' ? iEY 111 4~d StJA~~~O c:120081cod\p=n creek interceptor 31dwg1291169_esmt1-revi9ed 2.doc Ordinance Attachment "1" Sheet M of 36 Arthur Surveying Co., Inc. 11rofessionaf Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.107 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, and also being a part of Lots 4 and 5, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the west line of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, from which a "X" found at the southwest corner thereof bears South 01 degree 29 minutes 15 seconds West, a distance of 10.11 feet, said point being at an inner "ell" corner of said Mazrouei tract; THENCE over, across and through said Mazrouei tract the following three (3) calls: North 88 degrees 18 minutes 26 seconds West, a distance of 129.69 feet to a point for corner; North 47 degrees 58 minutes 37 seconds West, a distance of 96.17 feet to a point for corner; North 90 degrees 00 minutes 00 seconds West, a distance of 0.86 feet to a point in the west line of said Mazrouei tract; THENCE North 00 degrees 03 minutes 11 seconds East, with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Mazrouei tract the following three (3) calls: North 90 degrees 00 minutes 00 seconds East, a distance of 12.35 feet to a point for corner; South 47 degrees 58 minutes 37 seconds East, a distance of 127.58 feet to a point for corner; South 88 degrees 18 minutes 26 seconds East, a distance of 95.08 feet to a point in the west line of said Turrubiartez tract; c;V0081co&pecw creek intermptor 3ktwg1291169 esmtl-revised-2.doc Ordinance Attachment "1" Sheet 19 of 36 Arthur Surveying Co., Inc. Rrofessio=w .sand surmeyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 TMNCE South 01 degree 29 minutes 15 seconds West, with the west line of said Turmbiatrez tract, a distance of 10.00 feet to the POINT OF BEGINNING, and containing 0.107 acres of land, more or less. %ST W.THAr;'~~'JRLEY 111 . .......t... i o 5302 v,:Q c_120081co&pecan creek interceptor 31dwg1291169 esmt1gevised 2.dcc ` * s LINE TABLE LINE BEARING LENGTH NO R T ~-1 L1 S00'32'26"W 19.54' L2 N89'10'52"W 16.]4' 60 0 60 Feet L3 N47'58'37"W 81.37' L4 N00'03'11 "E 39.58' L5 S90'00'00"E 0.86' Dent of bearing is based on the City of L6 S47'58'37"E 96.17' Denton GIS network. L7 S01'29'15"W 10.11' L8 N00'03'11 "E 30.00' a L9 N90'00'00"E 12.35 j L10 S01'29"? 10.00' E Temporary Construction Esmt. L11 N00'03'11 "E 12.18.' 0.107 Acres L9 00 S c s$. Hamed Mazrouei ♦ S ~'j3 Inst. No. 2008-64588 J . Margarita Turruhia~rtaz , C.C. No. 97-R0058223 S88'18'26 "E 95.08' J P.0.8. i p (GM.} _ -S88-1'29"•E........ P.O.B. S8$-*18'26"E 129.69' 126.71' (C,M.) X D L T 4 FOUND ~ w ` 100-D NAIL N.88"21'29~W 2 5 1.70' L to 2 ~ Gregory R. Coward Inst. No. 2010-60515 William P. Phillips, Trustee `En . ' Sanitary Sewer Esmt, N 0.212 Acres C.C. No. 97-R0011423 ) a; d t = FOUND i O Hamed • Maarouei . s 100-D NAIL V) p_ Inst. ;No. 2008-64588.....;.,.1 . ~Y L0 0- ~ 111 -Hamel Mazrouei Inst. NO. 2008-33533 x \ .'s.......,!......... O F9 F+ I : W. THAO ""`JRLEI' 111 ..C 0 5`02 ~FSS~o 'OQ O' Buffalo Bayou, Brazos & Colorado Railroad Arthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton, 972-221-943-0 Fax 972-=1-4675 Denton County, Texas z2o1 suer, svi," 2t70 P.o. anx 54 - 2009 - LewisviYle, Texas 75U67 a~soos~wmrrcw amp ardcavrm ><e.,.xusss•,w~n-..w...-a..o ~vr~a suss, m car d. i Ordinance Attachment "1" Sheet 21 of 36 71-1 rthur Saw y ing Co., Inc. Profess oj2al Zand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 10' SANITARY SEWER EASEMENT 0.029 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, and also being a part of Lot 4 and Lot 5, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the southeast corner of said Turrubiartez tract and the most easterly northeast comer of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, said point also being in the west line of North Bradshaw Street, a public roadway; THENCE North 88 degrees 21 minutes 29 seconds West, with the south line of said Turrubiartez tract, a distance of 126.71 feet to an "X" found in concrete for the southwest corner thereof; THENCE North 01 degree 29 minutes 15 seconds East, with the east line of said Mazrouei tract, a distance of 10.11 feet to a point for comer; THENCE South 88 degrees 18 minutes 26 seconds East, over, across and through said Turrubiartez tract, a distance of 126.55 feet to a point in the west line of said North Bradshaw Street; THENCE South 00 degrees 32 minutes 26 seconds West, with the west line of said North Bradshaw Street, a distance of 10.00 feet to the POINT OF BEGINNING, and containing 0.029 acres of land, more or less. OF k{e ~URV 6200ftoMpecan creek interceptor 31dwg1291169_esmt2-revised 2,doe Ordinance Attachment "1" Sheet 22 of 36 rthur Surveying Co., Inc. Professional Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 10' TEMPORARY CONSTRUCTION EASEMENT 0.029 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, and also being a part of Lot 4 and Lot 5, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the east line of said Turrubiartez tract from which a %z inch iron rod found at the southeast comer thereof bears South 00 degrees 32 minutes 26 seconds West, a distance of 10.00 feet, said point also being at the most easterly northeast corner of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, being in the west line of North Bradshaw Street, a public roadway; THENCE North 88 degrees 18 minutes 26 seconds West, over, through and across said Turrubiartez tract, a distance of 126.55 feet to point for corner in the west line thereof and from which an "X" found in concrete for the southwest corner thereof bears South 01 degree 29 minutes 15 seconds West, a distance of 10.11 feet; THENCE North 01 degree 29 minutes 15 seconds East; with the east line of said Mazrouei tract, a distance of 10.00 feet to a point for corner; THENCE South 88 degrees 18 minutes 26 seconds East, over, across and through said Turrubiartez tract, a distance of 126.38 feet to a point in the west line of said North Bradshaw Street; THENCE South 00 degrees 32 minutes 26 seconds West, with the west line of said North Bradshaw Street, a distance of 10.00 feet to the POINT OF BEGINNING; and containing 0.029 acres of land, more or less. 4)F W. TV, EY 111 iYii'~n••• a.•..$... 020081eod ecm creek interceptor 3ldwg1291169 esnt2-revised-2,doc LINE TABLE LINE BEARINC LENCTN NORTH L1 N01'2 "E 10.11' 30 0 30 Feet L2 $00'32'26"W '262s"w 10.00, N01'29'15"E 10.00' L4 S0032'26"W 10.00' Basis of bearing is based an the City of L5 S00'32'26"W 19.54' Denton GS network. `i a ID LOT 1' _ V ........................i.............................. 8 L ' I O.; 7 " Margarita Turrubiartez C.C. No. 97-R0058223 E, S88'18'26AE 126.38' E r',c~' Tempo 588`lnstructionEsm~ p,029A4xes...... ...~...~8 26"E 726 55' P.013. 10' Sanitary Sewer Easement - Acres ~c.~ c4 ~ d C D N88 21'29W 126.71' o Hamed Mazrouei ,n ...J I t. P. D. B. Inst. No. 2008-64588 - - - - FOUND NAIL William P. Phillips, Trustee C.C. No. 97-R0011423 r•- P~~~tis •.5.. v` .•W. TO-~..'. '~I1l.EY fll ~9,~0 S ss~Q~;~Oq Buffalo Bayou, Brazos & Colorado Railroad Arthur Surve nc. Company Survey, Abst. No. 186 Professioxtal and Surveyors City of Denton, 972-221-9439 - Fu 972-221-467.5 Denton County, Texas azo ~ sL~e~ s~;t~~ao ~ p o. awe s4 - 2010 - Lewisville, Texas 7Sf167 GVOOO~CWh7tl.1 GRLT ➢fiFffiPiGR 3W.D~I64...n~-~yWpM•f6p W4/GIUO 00000 /N OT ~ B Ordinance Attachment "1' Sheet 24 of 36 rthur Surveying Co., I rec. .FrofessiovW Wand Su -veyors RO. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 16' SANITARY SEWER EASEMENT 0.102 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Lone Star Gas Company, recorded in Volume 626, Page 398 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner at the southeast corner of that certain tract of land described in deed to Elk River-McKinney Partners, LP, recorded under Instrument Number 2004-107514 of the Real Property Records of Denton County, Texas, and being the most easterly northeast corner of said Lone Star Gas Company tract, said point also being in the west line of Bradshaw Street, a public roadway; THENCE South 00 degrees 30 minutes 33 seconds West, with the west line of said Bradshaw Street, a distance of 16.00 feet to a point for corner thereof; THENCE over, across and through said Lone Star Gas Company tract the following three (3) calls: North 89 degrees 21 minutes 44 seconds West, a distance of 277.84 feet to a point for corner; North 01 degree 14 minutes 37 seconds West, a distance of 16.01 feet to a point for comer; South 89 degrees 21 minutes 44 seconds East, passing at a distance of 99.00 feet a 1/2 inch iron rod found at the southwest corner of said Elk River-McKinney Partners tract and continuing with the south line thereof for a total distance of 278.33 feet to the POINT OF BEGINNING, and containing 0.102 acres of land, more or less. I, W. THAT+' ~.11 ftf 58 `9y ~'~FSStANrv'~Q` SURV c:1200$\cod\pecan creek interceptor 2-section 2 640126536\dwg11004124?smt revised 2.doc r , Ordinance Attachment "1" Sheet 25 of 36 rthur Surveying Co., In c. Professional -and Surveyors P.O. Box 54 W Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (97.2) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.191 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Lone Star Gas Company, recorded in Volume 626, Page 398 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING in the west line of Bradshaw Street, a public roadway, and from which the southeast comer of that certain tract of land described in deed to Elk River-McKinney Partners, LP, recorded under Instrument Number 2004-107514 of the Real Property Records of Denton County, Texas, bears North 00 degrees 30 minutes 33 seconds East, a distance of 16.00 feet, said point also being the most easterly northeast corner of said Lone Star Gas Company tract; THENCE South 00 degrees 30 minutes 33 seconds West, with the west line of said Bradshaw Street, a distance of 30.00 feet to a point for corner thereof; THENCE over, across and through said Lone Star Gas Company tract the following three (3) calls: North 89 degrees 21 minutes 44 seconds West, a distance of 276.92 feet to a point for corner; North 01 degree 14 minutes 37 seconds West, a distance of 30.02 feet to a point for corner, South 89 degrees 21 minutes 44 seconds East, a distance of 277.84 feet to the POINT OF BEGINNING, and containing 0.191 acres of land, more or less. N.-.a...au.... i..Y........ W. r;*A - Y``K +8.Ef tli Caa~..v3102Pvt eq so -5 c:120081codlpecan creek interceptor 2-section 2 6401265361dwg11004124 Csrnt revised 2.doc LINE TABLE LINE BEARING LENGTH L1 S00'30'33"W 16.00 ' NORTH L2 N01'14'37"W 16.01' L3 500'30'33"W 30.00' 50 0 50 Feet L4 N01'1437" W 30.02 Basis of bearing is based on the City of Denton EAST MCKINNEY GS network. STL] EErn - - S8_8 28'32"E 179.46' 1 Square &or - a (GM.) 3181 R. F. (C.M.) m tp E m U to 00 ~Co Elk River - McKinney Partners, LP ° Inst. No. 2004-107514 0 °z~ °ol P.O.B. 99.00' I i'.' S89721 '444"E 278.33' N 16' SANITARY SEWER ESMT. - 0.179,33' RES N89'21'74'W277.84' ' - ` d TEMPORARY CONSTRUCTION ESMT. 0.191 ACRES _ P.O.B. N8 9'21'44 "W 276.92' Lone Star Gas Company z o P Volume 626, Page 398 o OF y to 2................ . H/. T14AD ~3zVRLEY III "I.R.F. U Arthur Surveying Co., Inc. Hiram Sisco Survey, Abst. No. 1184 Professional Land Surveyors City of, Denton 972-221-9439 - Fay[ 972-221-4675 Denton County, Texas z2oln s~ s~zoo r.o. a54 - 2010 - Lewisvr7le, Texas 75067 G\2048\CO➢\PECAN GREEK INTERCEPT6~ 2-SECTllIN 2 64012fi536\dNp\I00422A_eSnS revised 3d.g IOM/2010 ItO9i~4 AH COT Ordinance Attachment •1" Sheet 27 of 36 Arthur Surveying Co., Inc, Professiaa'd X'.-Md surYeya m P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 SANITARY SEWER EASEMENT 0.031 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Lillian S. Woods, recorded in Volume 607, Page 508 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northeast corner of said Woods tract being in the south line of Bast Hickory Street and in the west line of a 10 foot wide alley; THENCE South 00 degrees 07 minutes 51 seconds West, with the west line of said 10 foot wide alley, a distance of 98.92 feet to a point for corner; THENCE South 11 degrees 26 minutes 51 seconds West, over, through and across said Woods tract and with the northwest line of a Sanitary Sewer Easement as described in said deed to Lillian S. Woods, a distance of 42.41 feet to a point for corner in the south line of said Woods tract; THENCE North 89 degrees 52 minutes 09 seconds West, with the south line of said Woods tract, a distance of 2.37 feet to a point for the southwest corner thereof; THENCE North 00 degrees 07 minutes 51 seconds East, with the west line of said Woods tract, a distance of 140.42 feet to a point for corner in the south line of said East Hickory Street; THENCE North 89 degrees 54 minutes 18 seconds East, with the south line of said East Hickory Street, a distance of 10.89 feet to the POINT OF BEGINNING, and containing 0.031 acres of land, more or less. 'C ~•OF4R _ . , w. TW. 39LEY Ip '•90PBSS10oaf; Q' O °suR%6. c:1200ftodlpecan creek interceptor 2-section 2 6401265361dwg1290926 esmt3-revised.doc - r . Ordinance Attachment Ir Sheet 28 of 36 rthur Surveying Co., Inc. Professional -Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 , Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.106 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Eamon Accessories, LLC, recorded under Instrument Number 2004- 18233 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the north line of said Eamon Accessories tract from which a 1/z inch iron rod found at the northwest corner thereof bears South 89 degrees 54 minutes IS seconds West, a distance of 9.47 feet said point being at the northeast corner of Lot 1, Block A, Fred Hill Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Slide 361 of the Plat Records of Denton County, Texas, said point also being in the south line of East Hickory Street, a public roadway; THENCE North 89 degrees 54 minutes 18 seconds East, with the south line of said East Hickory Street, a distance of 30.00 feet to a point at the northwest corner of a Quit Claim Deed from the City of Denton to Lillian S. Woods, recorded in Volume 607, Page 509 of the Deed Records of Denton County, Texas; THENCE South 00 degrees 07 minutes 51 seconds West, with the west line of said Woods tract, a distance of 140.42 feet to a point at the southwest corner thereof; THENCE South 89 degrees 52 minutes 09 seconds East, with the south line of said Woods tract, a distance of 10.69 feet to a "X" found in concrete; THENCE South 01 degree 29 minutes 14 seconds West, with the west line of said Eamon Accessories tract, a distance of 10.00 feet to a "X" found in concrete at the southeast corner thereof, said point being in a north line of said Lot 1; THENCE North 89 degrees 51 minutes 55 seconds West, with the south line of said Eamon Accessories tract, a distance of 40.45 feet to a point for corner; THENCE North 00 degrees 07 minutes 51 seconds East, over, across and through said Eamon Accessories tract, a distance of 150.30 feet to the POINT OF BEGINNING, and containing 0.106 acres of land, more or less. ~'',.~G4STEq~ j W. TK' l.EY fil 6200ftoftmw cmek interceptor 2-section 2 6401265361dwg1290926 esmt3-revised.doc UNE TABLE LINE BEARING D L1 S11'26'51'W rr~ NORTH L2 N895 '8"E L3 N89 54'118"E 30 0 30 Feet L4 S 52'09"E L5 501'29'14'w L6 S89'51'S5"E 9.55' Basis of bearing is based on the City of EAST HICKORY STREET L7 N8954'18"E 9.47' Denton GIS network. P.Q.B. N89'54'18"E P.O.B. - - - 30.00' L3 I.R.F. L7 I.RF - - I I I CC4 I ` {n U C' Q 30' BLDG. LINES (K/361) LU Q~~, N I I I m U I^rD a~~oa cn o) a c1, 0q aM° to 00 o I I o f ° ~,I I I LOT 14 LOT 13 LOT 12 ti- Ci U w h o ^I I I _ Q W Block 7 2 11 o Z o to W= Solomon H 11 Supplem tat Additio Lot 1, Block A a U) a a o 01.340, Pg. 29 Fred Hill Addition °I a W Q q Cabinet K, Slide 351 oa P5 °z i I f z (f) v Utility Esmt. R served V Vol. 607, Pg. 509 I - 0:: ' hR.F. CC L2` (15' ALLEY R.O.W.) a ✓f~ I SOUTH LINE OF SOLOMON HILL I SUPPLEMENTAL AODITION I ! W DvD - L4 L6 _ I j° N89'51'55" MD D. Edward Green 4 I Vol. 5173, Pg. 4068 P~~gF+9 I ~S...................... ~W THAD LEY III -.Rr....... - u.....v.. = 4 5802 Q~ess►o Ahur Surveying Co., Inc, Hiram Saiseo Survey, Abst. No. 1184 Professional Land Surveyors City of Denton 972-221-9439 Fax 972-221-4675 Denton County, Texas 220FJm Sheet, Suite 200 P.a Box 54 - 2009 - Lewisville. Texas 75067 C I\20.08 COD\PECAN CREEK INTERCEPTOR 2-SECTION 2 640126536\dwg\290926-esnti-revlsed,dwg 10/4/2010 114W3 AM CDT Ordinance Attachment, "1" Sheet 30 of 36 Arthur Surveying Co., Inc. _ .Professional La d surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 20' SANITARY SEWER EASEMENT 0.254 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to D. Edward Green, recorded in Volume 5173, Page 4068 of the Deed Records, Denton County, Tex<as,'and being more particularly described as follows: BEGINNING at the most northerly northwest corner of said Green tract and the most easterly northeast corner of Lot 1, Block A, Fred Hill Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet K, Slide 361 of the Plat Records of Denton County, Texas, said point also being in the south line of a 15 foot wide alley as shown in Block 7, Solomon MR Supplemental Addition, an addition to the City of Denton, Denton County, Texas, according to the deed records as recorded in Volume 340, Page 29 of the Deed Records of Denton County, Texas; THENCE South 89 degrees 57 minutes 30 seconds East, with the south line of said IS foot wide alley, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Green tract the following four (4) calls: South 00 degrees 11 minutes 56 seconds West, a distance of 80.44 feet to a point for corner; South 83 degrees 12 minutes 37 seconds East, a distance of 108.78 feet to a point for corner; South 57 degrees 52 minutes 37 seconds East, a distance of 202.72 feet to a point for corner; South 06 degrees 52 minutes 37 seconds East, a distance of 110.19 feet to a point in the north line of Bast Mulberry Street, a public roadway; THENCE North 88 degrees 23 minutes 49 seconds West, with the north line of said East Mulberry Street, a distance of 20.22 feet to a point in the east line of a 10.5 foot wide Sanitary Sewer Easement, recorded in Volume 502, Page 644 and Volume 502, Page 646 of the Deed Records of Denton County, Texas; THENCE over, across and through said Green tract the following three (3) calls: North 06 degrees 52 minutes 37 seconds West, with the east line of said 10.5 foot Sanitary Sewer Easement', a distance of 97.67 feet; c:1200$ko&pecan creek interceptor 2-section 2 6401265361dwg1290926_esmt4.doc Ordinance Attachment "1" Sheet 31 of 36 Arthur Surveying Co., Inc. -°rofessiozsap Land surveyors P,o. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 North 57 degrees 52 minutes 37 seconds West, continuing with the northeast line of said 15 foot Sanitary Sewer Easement, a distance of 188.68 feet to a point for corner; North 83 degrees 12 minutes 37 seconds West, with the north line of said 15 foot Sanitary Sewer Easement, a distance of 132.17 feet to a point in the east line of said Fred Hill Addition; THENCE North 00 degrees 11 minutes 56 seconds East, with the east line of said Fred Hill Addition, a distance of 97.02 feet to the POINT OF BEGINNING, and containing 0.254 acres of land, more or less. 71. W. T . BEY III =.q 5~sv2 ~.9Q~ dP 9~0 SURVEy 6200ftofte= creak intereWor2-section 2 640126536\dw090926 esmKdoc Ordinance Attachment "1" Sheet 32 of 36 rthur Surveying Co., Inc. Px0fiessianal.h and Surveyors P.O. Box 54 M Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 TEWORARY CONSTRUCTION EASEMENT 0.325 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to D. Edward Green, recorded in Volume 5173, Page 4068 of the Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the north line of said Green tract and the south line of a 15 foot wide alley as shown in Block 7, Solomon Hill Supplemental Addition, an addition to the City of Denton, Denton County, Texas, according to the deed records as recorded in Volume 340, Page 29 of the Deed Records of Denton County, Texas, from which the most northerly northwest corner of said Green tract and the most easterly northeast corner of Lot 1, Block A, Fred Hill Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet K, Slide 361 of the Plat Records of Denton County, Texas, bears North 89 degrees 57 minutes 30 seconds West; a distance of 30.00 feet; THENCE South 89 degrees 57 minutes 30 seconds East, with the south line of said 15 foot wide alley, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Green tract the following three (3) calls: South 00 degrees 11 minutes 56 seconds West, a distance of 53.79 feet to a point for corner; South 83 degrees 12 minutes 37 seconds East, a distance of 88.79 feet to a point for corner; South 57 degrees 52 minutes 37 seconds East, a distance of 22534 feet to a point corner in the west line of Lot 26, Block 4, Solomon Hill, an addition to the City of Denton, Denton County, Texas, according to the deed thereof recorded in Volume 178, Page 503 of the Deed Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 48 seconds East, with the west line of said Lot 26 and continuing with the west line of Block 1, Solomon Hill Addition No. 2, an addition to the City of Denton, Denton County, Texas, according to the deed thereof recorded in Volume 183, Page 81 of the Deed Records of Denton County, Texas, a distance of 126.82 feet to a point in the north line of East Mulberry Street, a public roadway; THENCE North 88 degrees 23 minutes 49 seconds West, with the north line of said East Mulberry Street, a distance of 16.3 5 feet to a point for corner; THENCE over, across and through said Green tract the following four (4) calls: c" 008Nm&pom creek interceptor 2-,ection 2 640126536Wwg1290926 esmt4.doc Ordinance Attachment "1r Sheet 33 of 36 Arthur Surveying Co., Inc. lzrm essionw sand Surveyor n ~r.r~~irn P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 North 06 degrees 52 minutes 37 seconds West, a distance of 110.19 feet to a point for corner; North 57 degrees 52 minutes 37 seconds West, a distance of 202.72 feet to a point for corner; North 83 degrees 12 minutes 37 seconds West, a distance of 108.78 feet to a point for corner; North 00 degrees 11 minutes 56 seconds West, a distance of 80.44 feet to the POINT OF BEGINNING, and containing 0.325 acres of land, more or less. OF, . ~V. TWA- gLEY III .A9o5802 . ~~oo O SUR~1sA I c:120081eodipecw creek interceptor 2-scWon 2 640126536Wwg1290926 csnt4.doc 1 ( BLOCK 7 BLO& 7 SOLOMON HILL SUPPLEMENTAL AD ITION SOLOMON HILL ADDITION VOL 340, PG. 29 I VOL. 178, PG. 503 NORTH 10 9 8 7 6 5 I 5 4 2 1 ~ r~ 60 0 60 Feet W W e s•I Basis of bearing is based on the City of Denton GIS network. U) M ~ _ 's P.O.B. P.0.0 I L1 L3 (15' ALLEY R.O.W.) I ~ M - n )L6 D S89'550"E 128.51' Lt 3 I W M 0. EDWARD GREEN Ix }7VD p) TRACT 1 E LOT 1 `j r'6 VOL. 5173, PG. 4060 C BLOCK A co Z41 o S83.12'37„E z 79 S88 49'15"w 148.97' o m - 1127.R.F. ~w Z S8 08?787'E ♦ VOL EDWARD PG R4068 ~J °wz 132.17' - - 9'S'y ♦S~-~c ♦F OECD \ S S2, ♦ E 0/ \ ♦Flhh♦ 3j~ Q V ??S o 25 10.5 SANI SE ESMT. z VOL 502, 'PG. 644Rk VOLL..~5OZ PG. 646 4AV 2 LINE TABLE X88'' D2~S 325 ♦ 26 LINE BEARING LENGTH \ '6+8~ ♦ A.QC~ '4CiQ~s " L1 58957'30"E 30.00' \ \ \ FS+ L2 N88'23'49"W 20.22' \ O 1 L3 S89'57'30"E 30.00' L4 S0o'11'56"W 53.79' \ 1 d; C~pV L5 N88'23'49"W 16.35' {V L6 S89'57'30"E 10.70' 2 L7 S00'0T51 "W 10.50' 14 ~J m ' W L8 S89'S3'22"E 9.31' L 00 L9 S01'29'14"W 10.00' N , O 3 OF to ; jG1S744 P'-~.901 L2 L5 r_V r,.. EAST MULBERRY STREET I W.~THAD:-1~BLEYIH 6802 :q'p Spat OQ` ~ BURVE~ Ahur Surveying Co., Inc, Hiram Sisco Survey, Abst. No. 1184 Professional Land Surveyors City of Denton 972-221-9439 - Fat 972-221-4675 Denton County, Texas =0 V= Street, Suite 2ao P. o. Bnx 54 - 2010 - Lewisville, Texas 75067 C\20DD\COg\pECAN CREEK INiERCEPTCR 2-SECTI N 2 69012633fi\dwg\290926~esrt4.dwg 16/4/2070 IU154 M 3 } Ordinance Attachment "V Sheet 35 & 36 Arthur Surveying Co., Inc. ProFessioxtal Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.327 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being all of Lots 11 and 13, Block 5, Solomon Hill Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 178, Page 503 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a V2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for the northwest corner of said Lot 13, being in the south line of McKinney Street, a public roadway, and the east line of Bradshaw Street, a public roadway; THENCE South 88 degrees 28 minutes 32 seconds East, with the south line of said McKinney Street, a distance of 100.04 feet to a 1/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set at the northeast corner of said Lot 11 and the northwest comer of Lot 9 of said Block 5; THENCE South 00 degrees 09 minutes 07 seconds East, with the west line of said Lot 9, a distance of 140.57 feet to a V2 inch iron rod found at the southwest comer thereof and being at the northwest corner of Lot 10 of said Block 5 and being the northeast corner of Lot 12 of said Block 5; THENCE South 89 degrees 53 minutes 37 seconds West, with the north line of said Lot 12 to a V2 inch iron rod found at the northwest corner thereof and continuing with the north line of Lot 14 of said Block 5 for a total distance of 100.66 feet to a Y inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner in the east line of said Bradshaw Street; THENCE North 00 degrees 06 minutes 46 seconds East, with the east line of said Bradshaw Street, a distance of 143.42 feet to the POINT OF BEGINNING, and containing 0.327 acres of land, more or less. AIE,9F; j' `J9L Y111 •.151445^.. .a ~~~Q $Naa410~ ~~RV~c I 620081co pecan creek interceptor 2-section 2 6401265361dwg\1009123 esmtdoc I I Ordinance Attachment °i" Sheet 36 of 36 NORTH MCKINNEY STREET 30 0 30 Feet (VARIABLE M 07H R.o.w.) Basis of bearing is based on the City of Denton Gls network. S88 28'32"E S8828 32 E 100. 04' 149.42' 12%R.S ` .r A.S G " 112"LR. S i1.S.C' 1/2 R F P.O.B. (au) a I ~ I I Temporary Onstruction Ease ent ~I LO 0.327 Acres CS 141 P Lot 13 I Lot 11 I w Lot 9 ° CS ' to z I.. > ° zz ~ w I A 5 03 111 1001 10e 1 ( s ~ 014 I ~ 'I.RF 50.00' 'asc S89'53'37" 100.66' 1/2?. R.F. - (c.>d) oA Q a a Lot 14 0 Lot 12 oN F s ~a rQ,~ 9FV'~~ K211 R.F i/2"l.R. S . a~ ,y M) (c.M) W.TNA: ` .JALEYlN . o 5802 '4 $ 0 01 S 0.3in the res A1 huh Surveying CO., hies, Hiram Siseo Survey, Abst. No. 1184 Professional Land Surveyors City of Denton 972-221-9439 - Fax 972221-467.5 Denton County, Texas 220131msaee;saite200 Ro,sox54 - 2010 - Lewisville, Texas 7SD67 G\2008\COD~PECAN CREEK INTzRCEPTQR 2-SECTION 2 640126536\dwg\1009123 es.t,dwg 10/4/20L0 1b2809 AM CDT EASEMENT PURCHASE AGREEMENT AGREEMENT dated 2011 between MBS Seed, Ltd., a Texas -sue ("OWNER"), d t City of Denton, Texas ("CITY"). ~v Initial WITNESSETH: Initial WHEREAS, MBS Seed, Ltd., a Texas successor by name change to MBS Seed Ltd Company successor by name change to MBS Seed Inc is the owner of a tract of land described in a Warranty Deed from First State Bank of Texas Trust Department, Receiver, recorded under Clerk's File No. 1995-019880 in the Real Properly Records of Denton County, Texas, being affected by the public improvement project called the Pecan Creek Interceptor - Phase II and Phase III ("PROJECT"); WHEREAS, CITY is in need of certain easements in, along, over, upon, under and across the tract of land described above related to the PROJECT; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms, conditions, quitclaims and conveyances associated with installation of sanitary sewer improvements for the PROJECT; NOW, THEREFORE, for Ten and No/Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. At Closing, the OWNER shall grant, execute, and deliver to the CITY (i) an easement in, along, over, upon, under and across the tract of land being described in Exhibit "A", and Exhibit "A-1", respectively (the "Sanitary Sewer Easement Lands") to that certain Sanitary Sewer Easement attached hereto as Attachment 1 and a made part hereof, for the purposes as more particularly described therein (the "Sanitary Sewer Easement"); and (ii) an easement in, along, over, upon, under and across the tract of land being described in Exhibit "A" and Exhibit "A-1", respectively (the "Temporary Easement Lands") to that certain Temporary Construction Grading and Access Easement attached hereto as Attachment 2 and made part hereof, for temporary construction, access and grading purposes as more particularly described therein (the "Temporary Construction, Grading and Access Easement"). (The Sanitary Sewer Easement Lands and the Temporary Easement Lands are collectively referred to herein as the "Easement Lands"). The Sanitary Sewer Easement shall be in the form as attached hereto and incorporated herein as "Attachment 1" and the Temporary Construction, Grading, and Access Easement shall be in the form as attached hereto and incorporated herein as "Attachment 2" (the Sanitary S \*&t Z Easement and the Temporary Construction, Grading, and Access Easement are collectively referred to herein as the "Easements"). Ini6a1 1 i 2. As consideration for the granting of the Easements, the CITY shall pay to OWNER at Closing the sum of Ten Thousand Dollars and No Cents ($10,000.00) as compensation for the Easements. The compensation prescribed in Section 2 is herein referred to as the "Total Monetary Compensation". 3. The CITY and / or its contractors shall not conduct any Pecan Creek Interceptor - Phase III construction activities during daylight hours within the Bell Place street right-of-way from March 1 through May 31 and August 15 through October 31 of any given year that the Temporary Construction, Access and Grading Easement is in effect. The Project limits of Phase III being defined as that sanitary sewer work beginning at station 32+86 (as per the Pecan Creek Interceptor-Phase II Project plans) and progressing westerly to Bell Place, then northerly along Bell Place, crossing Bell Avenue and traversing Quakertown Park, Congress Street, Bolivar Street, Panhandle Street, Coit Street, Crescent Street, and Cordell Street ending at the southeast corner of Newton Rayzor Elementary. Furthermore, during those periods of time, outside of those stipulated above, wherein the City and/or its contractors will be conducting construction activities within the Bell Place street right- of-way, provisions shall be made to insure that Bell Place will accommodate one (1) lane of vehicular traffic during daylight hours. The terms and provisions of this Section III shall survive closing. 4. As part of the Project, the CITY shall perform the following activities at its sole cost and expense (the "Specific Work"): a. The driveway and grass in the open space area of the Easement Lands that are removed or damaged by CITY related to its activities shall be restored to as near as practicable pre-disturbance conditions with substantially the same materials and in a workmanlike manner as part of the Project. b. Install a temporary construction safety fence along the north boundary line of the Sanitary Sewer Easement Lands, the specific location of such fencing being depicted on Attachment 3, attached hereto and made a part hereof. 4 Initial 5. OWNER stipulates that the Total Monetary -ro--m-pensation and the performance of the Specific Work as provided in Section i3, constitutes and includes all compensation due OWNER by CITY related to the PROJECT, including without limitation, any damage to or diminution in the value of the remainder of OWNER'S property, any payments due for or related to improvements located within the Easement Lands, costs of repair and/or relocation of any improvements on the Easement Lands and any damage to the improvements or any other property interests of OWNER on the Easement Lands or on any other property of OWNER affected by the PROJECT, interference with OWNER activities caused by or related to the 2 I i PROJECT or activities related to the Easements, whether accruing now or hereafter, and OWNER hereby releases for itself, it's successors and assigns, CITY, it's officers, employees, elected officials and agents from and against any and all claims it may have now or in the future, related to the herein described matters, events and/or damages. 6. The Closing (herein so called) shall occur in and through the office of Capital Title of Texas at 620 W. Hickory Street, Denton, Texas 76201 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date"). The OWNER shall convey the Easements to CITY at Closing free and clear of all debts, liens and encumbrances. The OWNER shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances and other curative efforts affecting the Easements, if necessary in the discretion of the CITY. 7. The Total Monetary Compensation shall be paid and delivered by the CITY at Closing to the OWNER through the Title Company. All other typical customary and standard closing costs associated with this transaction shall be paid specifically by the CITY, except for OWNER's attorney's fees, if any. 8. The date on which this Agreement is executed by the last to sign of the parties shall be the "Effective Date" of this Agreement. 9. In the event OWNER shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice by CITY to OWNER at: 320 Bell Place Denton, Texas 76201 and opportunity to cure of OWNER, CITY may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance or termination of this Agreement, at the election of CITY. 10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 3 11. From and after the date of execution of this Agreement by OWNER to the date of Closing, OWNER shall not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any agreement that will be binding upon the Easement Lands or upon the OWNER with respect to the Easement Lands after the date of Closing. i 12. OWNER represents and warrants to CITY that it has taken all actions necessary to authorize the party executing this Agreement for and behalf of OWNER to bind, in all respects, OWNER to all terms and provisions of this Agreement, that such person possesses the authority to execute this Agreement and bind OWNER hereto, and that this Agreement is binding and enforceable upon OWNER in accordance with the terms hereof. 13. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. 14. The representations, warranties, agreements and covenants contained herein shall survive the Closing. I CITY OF DENTON, TEXAS By: GEORGE C. CAMPBELL, CITY MANAGER Date: ~7 2011 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~ u Date: , 2011 4 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Z"V Date: G Z 9 '2011 OWNER: MBS Seed, Ltd. successor by name change to MBS Seed Ltd Company successor by name change to MBS Seed Inc By: J es W. Matlock, Pres'dent Date: -!5= Z Y , 2011 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Capital Title of Texas Attn: D. Jorge Urbina 620 W. Hickory Street Denton, Texas 76201 Telephone: (940) 565-1919 Telecopy: (940) 565-1917 5 By: Printed Name: Title: Contract receipt date: , 2011 I i I I 6 i ATTACHMENT 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SANITARY SEWER EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § S Initial `1 nl-k~ca ~~l:zr►c~s~~ THAT M 13S Seed, Ltd., a Texas -~("Grantor"), successor by name change to MBS Seed Ltd Company successor by name change to MBS Seed Inc of Denton County, whose mailing address is P.O. Box 2939, Denton, TX 76202-29391, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual sanitary sewer easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185 to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A", AND ILLUSTRATED IN EXHIBIT 46A-1" BOTH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining sanitary sewer pipelines, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Properly. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the _ day of , 2011. Grantor: NOS Seed, Ltd. successor by name change to NMS Seed Ltd Company successor by name change to MBS Seed Inc 2 I By: Date: 5 2011 James W. Matlock, President ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2011, by James W. Matlock, President, MBS Seed, Ltd., a Texas corporation, successor by name change to MBS Seed Ltd Company successor by name change to MBS Seed Inc, on behalf of said corporation. Notary Public, in and for the State of Texas My Commission Expires: Accepted this day of , 2011, for the City of Denton, Texas (Resolution No. 91-103). By: Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 j EXHIBIT A rthur Surve in Co., Inc. Yg Professional Zand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.203 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, .Denton County, Texas, and being a part of that certain tract of land described in deed to MBS Seed Ltd. Company, recorded under County Clerk's File Number 95-R0019880 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said MBS Seed tract from which a % inch iron rod found at the northwest comer thereof and the southwest corner of that certain tract of land described in deed to R. T. Harpool, "Tract No. 2", recorded in Volume 3417, Page 192 of the Deed Records of Denton County, Texas, bears North 00 degrees 47 minutes 58 seconds West; a distance of 47.82 feet, said point also being in the east line of Bell Place, a public roadway; THENCE over, across and through said MBS Seed tract the following two (2) calls: South 46 degrees 10 minutes 43 seconds East, a distance of 222.85 feet to a point for comer; North 89 degrees 52 minutes 13 seconds East, a distance of 74.51 feet to a point in the west line of a T. & P. Railroad right-of-way; THENCE South 00 degrees 15 minutes 11 seconds West, with the west line of said T. & P. Railroad right-of-way, a distance of 30.00 feet to a point for comer; THENCE over, across and through said MBS Seed tract the following two (2) calls: South 89 degrees 52 minutes 13 seconds West, a distance of 86.42 feet to a point for comer; North 46 degrees 10 minutes 43 seconds West, a distance of 205.35 feet to a point in the east line of said Bell Place; THENCE North 00 degrees 47 minutes 58 seconds West, with the east line of said Bell Place, a distance of 42.15 feet to the POINT OF BEGINNING, and containing 0.203 acres of land, more or less. cA2008\cod\pecan creek interceptor 3\dwg\291169_esmt6-revised-2.doc pp ~t? 4s' 'Sf FF35►~ • ~ LINE TABLE LINE BEARING LENGTH L1 N89'52'13"E 74.51' , NORTH EXHIBIT A -1 L2 soo•15'11 °w 30.00' L3 N00'47'58"W 42.15' 60 0 60 L4 S00'15'11 "W 35.15' L5 N87'03'30"W 40.45' N3726'10"W 27.95' Basis of bearing is based on the City of L6 Denton G!S network. L7 N44'48'56"W 42.16' L8 N4016'18"W 36.08' L9 N8623'37"W 5.10' Tract No. 2 L10 N0047'58"W 25.72' R. T. Harpool Vol. 3417, Pg. 192 (C.M.) 112-1 R F - - N89'11'43"E-236.89' - - r/z cR.' NI co MBS Seed Ltd. Company co C.C. No. 95-ROO19880 P.O.B. ~ ~I Lr) 0 s N P.O.. o 6; w L9 " F ~ Pty I1j• o ` ON 0,:p o s, L1 0 j~6' 0 0.203 Acres J ~'~S9 Ass~`~ o~ S89'52'13"W 86.42' -j ; 216 ? . Tract No. 1 S~ .92 R. T. Harpool L5 g a IC;T Vol. 3417, Pg. 192 ' `3~' ...!r.~ W. TH/ 'LEY BOB! Pop E 5 ~ East McKinney Street (Variable width R.O. W.) 4 i Buffalo Bayou, Brazos & Colorado Railroad A.rthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972221-9439 Fax972-221-4675 Denton County, Texas 220E1m S&ee4 Suite 200 - P.O. Box 54 - 2010 - Lewisville, Texas 75067 G\2003\COO\PECAN CREEK INTERCEPTOR 3\d.9\291169,-16-rev1sed-Od.D 10M/2010 032,49 AN COT i ATTACHMENT 2 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON Initial THAT MBS Seed, Ltd., a Texas se e a re~i ('Grantor"), successor by name change to MBS Seed Ltd Company successor by name change to MBS Seed Inc of Denton County, whose mailing address is P.O. Box 2939, Denton, TX 76202-2939, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, .Texas ("Grantee") a temporary construction, grading and access easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185 to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A", AND ILLUSTRATED IN EXHIBIT 64A-1" BOTH ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, will remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Properly. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The City of Denton, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under and across said Property for the purpose of access, construction and grading activities or any part thereof. The term of this Temporary Construction, Grading and Access Agreement shall commence on the date of the Phase II "Contractor Notice to Proceed", and terminate on the earlier to occur of (i) three (3) years from such date of the Phase II "Contractor Notice to Proceed"; or (ii) December 31, 2014, unless the parties mutually agree in writing to an extension of such term. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the day of 52011. Grantor: MBS Seed, Ltd. successor by name change to MBS Seed Ltd Company successor by name change to MBS Seed Inc By: Date: , 2011 James W. Matlock, President ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2011, by James W. Matlock, President, MBS Seed, Ltd., a Texas corporation, successor by name change to MBS Seed Ltd Company successor by name change to MBS Seed Inc, on behalf of said corporation. Notary Public, in and for the State of Texas My Commission Expires: 2 I i Accepted this day of , 2011, for the City of Denton, Texas (Resolution No. 91-073). By: Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 i EXHIBIT A rthur SUfVeytng Co., Inc. Professional Lard Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (912) 221-9439 - Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.166 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to MBS Seed Ltd. Company, recorded under County Clerk's File Number 95-R0019880 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said MBS Seed tract from which a %z inch iron rod found at the northwest corner thereof and the southwest corner of that certain tract of land described in deed to R. T. Harpool, "Tract No. 2", recorded in Volume 3417, Page 192 of the Deed Records of Denton County, Texas, bears North 00 degrees 47 minutes 58 seconds West, a distance of 89.97 feet, said point also being in the east line of Bell Place, a public roadway; THENCE over, across and through said MBS Seed tract the following two (2) calls: South 46 degrees 10. minutes 43 seconds East, a distance of 205.35 feet to a point for corner; North 89 degrees 52 minutes 13 seconds East, a distance of 86.42 feet to a point in the west line of a T. & P. Railroad right-of-way; THENCE South 00 degrees 15 minutes 11 seconds West, with the west line of said T. & P. Railroad right-of-way, a distance of 3 5.15 feet to a point for comer; THENCE over, across and through said MBS Seed tract the following six (6) calls: North 87 degrees 03 minutes 30 seconds West, a distance of 40.45 feet to a point for comer at the beginning of a curve to the right having a radius of 146.84 feet; Continuing with said curve an are length of 142.94 feet, having a delta angle of 55 degrees 46 minutes 26 seconds, whose chord, bears North 59 degrees 39 minutes 15 seconds West, a distance of 137.37 feet to a point for comer; North 37 degrees 26 minutes 10 seconds West, a distance of 27.95 feet to a point for comer; North 44 degrees 48 minutes 56 seconds West, a distance of 42.16 feet to a point for corner; i North 40 degrees 16 minutes 18 seconds West, a distance of 36.08 feet to a point for comer; c:\2008\cod\pecan creek interceptor 3\dwg\291169_esmt6-revised-2.doc Arthur Surveying Co., Inc. Professional -Land Surveyors P.O, Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 North 86 degrees 23 minutes 37 seconds West, a distance of 5.10 feet to a point for corner in the east line of said Bell Place; THENCE North 00 degrees 47 minutes 58 seconds West, with the east line of said Bell Place, a distance of 25.72 feet to the POINT OF BEGINNING, and containing 0.166 acres of land, more or less. °T..... , E° Sao I cA20081co ftecan creek interceptor 31dwg1291169_esmt6-revised-2. doe I LINE TABLE LINE BEARING LENGTH EXHIBIT A-1 L1 N89'52'13"E 74.51' 1-2 S00'11 "W 30.00' L3 ,400'4747'58"W 42.15' NORTH 60 O 60 L4 S00'15'11 "W 35.15' L5 N87-03'30"w 40.45' Basis of GIS netbearingworisk. based on the City of L6 L7 N44 N37'48-26''10S6""W. 27.95' Denton W 42.16' L8 N40'16'18"W 36.08' L9 N8623'37"W 5.10' Tract No. 2 L10 NOD'47'58"W 25.72' R. T. Harpool Vol. 3417, Pg. 192 (C U..) 112 7. R F - - N89'11'43"E-236.89' 1121RF NI 0` oi' MBS Seed Ltd. Company 00 C.C. No. 95-R0019880 P.O.B. J NI u-1 O P.O.B. ° 01 No, W -I L9 A~ f I z° o ~ ~01NOS ~`,o S• L1 0.203 Acres cl~ 9 o~ S89'52'13"W `~~g ~st• ~s~ 86.42' Tract No. 1 b R. T. Harpool 73~ 94' L5 /f'•` ~F i Vol. 3417, Pg. 192 37• e;° ! W. 7F. -LEY 109 East McKinney Street (Variable width R.O. W.) / Buffalo Bayou Brazos & Colorado Railroad rthur Surveying CO., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972221-9439 - Fax972-221-4675 Denton County, Texas 220 Him Street, Suite 200 P. 0. Box 54 - 2010 - Lc%dsvf(ie, Texas 75067 P\2OOO\COD\PECAN CREEK INTERCEPTOR 3\d.p\291169_ec.i6-rcvl[rd-i:d.p IO/4/2010 1632,49 AK CDT ATTACHMENT 3 WORTH O R'T° H Temporary Fence Designation 60 0 60 Basis of beating Is based on the City of Denton CIS network Tract No. 2 R. T. Harpool Vol. 3417, Pg. 192 CA0 I/ N89'11X43"E 236.89' _ _ r RF I MBS Seed Ltd. Company C.C. No. 95-R0019880 \ Iol N \ N Temporary Fence Location 0~ U \ L Cd e L Q) .p 0.203 Acres oT o Tract No. 1 R. T. Harpool Vol. 3417, Pg. 192 East McKinney Street Buffalo Bayou, -Brazos & Colorado Railroad Arthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors . City of Denton 972221-9439 Pax971221-4675 Denton County, Texas 220.WmSUne4 Stdte200 - P. 0. Box 54 - zoo o - z•aTrirTau~, Taxas 7so67 I D1UMCCIIPECM CAMX NVEKCa'T6l ]W.p\2]11[1-euiK~.11N-21.2 11MM11 Habit AX COT it I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SANITARY SEWER EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Gregory R. Coward ("Grantor"), of Denton County, whose mailing address is 624 El Paseo Street, Denton, Texas 76205, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual sanitary sewer easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 185 to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A", AND ILLUSTRATED IN EXHIBIT "A-1" BOTH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining sanitary sewer pipelines, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, 1 I' I improvements on and repairs to said facilities or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 3. Access. For the purpose of exercising and enjoying the rights granted herein the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. Grantor specifically reserves the right of passage over the Property including the right to place and maintain pavement improvements over the Property. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the3l day of 2y011. 2 By. Date: 2011 G o R. Coward ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on Z~muarw 2011, by Gregory R. Coward. Notary lic, in and the State of Texas HNSON My Commission Ex s: KIMBERLEY L. :TF-6XAS NOTARY PBLIC STATF- OF or''+ or My Comm. oExp. -2014 Accepted this J day of a r , 2011, for the City of Denton, Texas (Resolution No. 91-103). 1 By: Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 EXHIBIT A rthur Surveying Co., Inc. Pratessionai Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.108 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Gregory R. Coward, recorded under Instrument Number 2010-60515 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Coward tract, and the east line of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002- 99899 of the Real Property Records of Denton County, Texas, and from which a % inch iron rod found at the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, bears South 00 degrees 21 minutes 28 seconds West, a distance of 62.48 feet; THENCE North 00 degrees 21 minutes 28 seconds East, with the east line of said Khosrow tract, a distance of 32.50 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 67 degrees 44 minutes 45 seconds East, a distance of 59.85 feet to a point for corner; South 90 degrees 00 minutes 00 seconds East, a distance of 95.20 feet to a point in the west line of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Real Property Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 11 seconds West, with the west line of said Mazrouei tract, a distance of 39.58 feet to a point for corner; - THENCE over, across and through said Coward tract the following three (3) calls: North 47 degrees 58 minutes 37 seconds West, a distance of 14.31 feet to a point for corner; North 90 degrees 00 minutes 00 seconds West, a distance of 78.63 feet to a point for corner; c:\2008\cod\pecan creek interceptor 3\dwg\291169_esmt3 revised.doc i rthur Surveying Co., Inc: Pro-essYona.X -Land Sul-veyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 South 67 degrees 44 minutes 45 seconds West, a distance of 66.45 feet to the POINT OF BEGINNING, and containing 0.108 acres of land, more or less. I i ....s......... W. THr" LEY 111 PAZ c:\2008\cod\pecan creek interceptor 3\dwg\291169_esmt3 revised.doc NORTH EXHIBIT A-1 40 0 40 Feet Basis of bearing is based on the City of Denton GIS network. 30' Temporary Construction Easement 0.107Acres S90'00'00 "E L 101.12' % N6153 ~ o0 S90'00'00"E 95.20' W i0 6O P.O.B. 30' Sanitary Sewer Esmt e CX) 0.108 Acres o 4y~~ _ _ tiff ~O~~etl J N90'00'00"w N SOS 45 78.63 J ss y~ e,fi 56~.6112.1. R. F. , X32 (C. M.) - 8'2F P.O.B. N N d- 1/21 R. F. S~ 0) CQ. Co - N ~ co I A N C'41 Q0 °o Gregory R. Coward 100-D Nall Inst. No. 2010-60515 Found 1/2.1. AF. LINE TABLE 1 LINE BEARING LENGTH / L1 '28"E 32. L2 N4747'58'S8'37"W 14.3131' L3 N00'21'28"E 32.50' L4 S00'03'11"W 12.18' Gustavo Torrez & wife, Luz V. Torrez »..i C.C. No. 97-R0082959 W. THAD (aURLEY 010 1 :~o, 02Pv: i Buffalo Bayou, Brazos & Colorado Railroad Arthur Surveying Co., 1 nc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972-221-9439 Fax 972-221-4675 Denton County, Texas 220 Elm Street, Suite 200 P.O. Box 54 2009 - LewisviIIe, Texas 75067 6\2008\C08\PECM CREEK INTERCEPTOR 3\d.R\29I169 esn43-rc ,ed.d•R 9/29/2010 9,1301 PH CDT I i Denton County Cynthia Mitchell County Clerk Denton, Tx 76202 70 2011 00018055 Instrument Number: 2011-18055 As Recorded On: February 25, 2011 Easement Parties: COWARD GREGORY R Billable Pages: 7 To Number of Pages: 7 I Comment: ( Parties listed above are for Clerks reference only ) I Examined and Charged as Follows: Easement 35.00 Total Recording: 35.00 DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2011-18055 Receipt Number: 767947 CITY OF DENTON Recorded Date/Time: February 25, 2011 04:10:57P 901 A TEXAS ST DENTON TX 76209 User / Station: A Mcelroy - Cash Station 1 i.i THE STATE OF TEXAS) COUNTY OF DENTON } 's5 1 hereby certify that this Instrument was FILED in the File Number sequence on the dateltime printed heron, and was duly RECORDED In the Official Records of Denton County, Texas. * xe County Clerk Denton County, Texas I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Gregory R. Coward ("Grantor"), of Denton County, whose mailing address is 624 El Paseo Street, Denton, Texas 76205, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and access easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 185 to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A", AND ILLUSTRATED IN EXHIBIT "A-1" BOTH ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, will remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. 1 The City of Denton, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under and across said Property for the purpose of access, construction and grading activities or any part thereof. The term of this grant shall expire one (1) year from the date of the "Contractor Notice to Proceed Letter" for the Pecan Creek Sanitary Sewer Interceptor - Phase II. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. 20 t ~ Witness my hand, this the 31 day of ; 29-1-9. I 20 t By: Date. ,.194.6 - Greg Coward i ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF + § ~,o t This instrument was acknowledged before me on MDl.ll.U-ay (4 -A by Gregory R. Coward. Nota ublic, in a fo the State of Texas j KIMBERLEY L. JOHNSON My Commission Expires: 2 2- tp t NOTARY PUBLIC STATE of TEXAS My Comm. Exp. 02.26-2014 2 Accepted this day of .20", for the City of Denton, Texas (Resolution No. 91-103). By: _ f Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson I I 3 Exhibit "A" rthur Surveying Co., Inc. Pro. essianal Zand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' TEMPORARY CONSTRUCTION EASEMENT 0.107 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS I BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Gregory R. Coward, recorded under Instrument Number 2010-60515 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Coward tract, and the east line of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002- - 99899 of the Real Property Records of Denton County, Texas, and from which a %2 inch iron rod found at the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, South 00 degrees 21 minutes 28 seconds West, a distance of 94.98 feet; THENCE North 00 degrees 21 minutes 28 seconds East, with the east line of said Khosrow tract, a distance of 32.50 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 67 degrees 44 minutes 45 seconds East, a distance of 53.26 feet to a point for corner; South 90 degrees 00 minutes 00 seconds East, a distance of 101.12 feet to a point in the west line of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Real Property Records of Denton County, Texas; I THENCE South 00 degrees 03 minutes 11 seconds West, with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for comer; THENCE over, across and through said Coward tract the following two (2) calls: North 90 degrees 00 minutes 00 seconds West, a distance of 95.20 feet to a point for comer; South 67 degrees 44 minutes 45 seconds West, a dis e of 59.85 feet to the POINT OF BEGINNING, and containing 0.107 acres of land, more c:1200S1codlpecan creek interceptor 31dwg\291169_esmt3_revised.doc vujR\ i Exhibit "A-1" NORTH 40 0 40 Feet Basis of bearing is based on the City of Denton CIS network. 30' Temporary Construction Easement 0.107Acres S90'00'00"E L 4~ 101.12' ,46, 53 2/+ - - - o ~ o 00 S90'00'00"E o ti 95.20' c°n 0`}~N 6, P.O.B. J N59,$% 30' Sanitary Sewer Esmt. e~°° 0.108 Acres o co ~ g o ~/~t1 J N90'00'00"W l2 78.63 o o ~r s ~ej 56~• 6 dr5+ 1121.R.F. 2fi `~`~2 6 (c.M> 08'~F P.O.B. 00 -co N N 1/21. R. F. S~ O O) CQ. N 001 L \~'0 0 ~I F 0 co Gregory R. Coward foo-o Nall Inst. No. 2010-60515 Found 1/2"LR.F. (C M-) LINE TABLE r LINE BEARING LENGTH 1 / L1 47'58'28"E 32. L2 N4T58'37°W 14.31' 31' L3 N00'21'28"E 32.50' L4 S00103'11"W 12.18' Gustavo Torrez & wife, f -'a Luz V. Torrez C. C. No. 97-R0082959 S • ~`'o X91 F 4 1 Buffalo Bayou, Brazos & Colorado Railroad Arthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972-221-9439 - Fax972-221-4675 Denton County, Texas 220 Elm street suite 200 P.O. Box 54 2009 - Lewisville, Texas 7-5 D\2008\Ct10\PECAN CREEK INTERCEPTOR 3\tl.p\E9ll69_esnt3-revlsetld.p l0/1/2010 104931 AM CDT Denton County Cynthia Mitchell County Clerk Denton, Tx 76202 70 2011 00018054 Instrument Number: 2011-18054 As Recorded On: February 25, 2011 Easement Parties: COWARD GREGORY R Billable Pages: 6 I To Number of Pages: 6 Comment: ( Parties listed above are for Clerks reference only ) Examined and Charged as Follows: Easement 31.00 Total Recording: 31.00 DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2011-18054 Receipt Number: 767947 CITY OF DENTON Recorded Date/Time: February 25, 2011 04:10:57P 901 A TEXAS ST DENTON TX 76209 User / Station: A Mcelroy - Cash Station 1 THE STATE OF TEXAS) COUNTY OF DENTON } I hereby certify that this instrument was FILED In the File Number sequence on the date/ti me printed heron, and was duly RECORDED in the Official Records of Denton County, Texas. xo County Clerk Denton County, Texas it NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CONSENT OF LIEN HOLDER STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TEXAS § The undersigned is the present legal and equitable owner and holder of the following: A DEED OF TRUST dated April 22, 2005, filed of record on April 26, 2005 under County Clerk's File No. 2005-48554, Real Property Records of Denton County, Texas, executed by Clifton J. Reding and Gregory R. Coward, in favor of Tony R. Clark, Trustee, securing the payment of one note therewith in the principal sum of $165,000.00, and any other amounts payable under the terms of said DEED OF TRUST. (Loan # 84330) NOW, THEREFORE, Northstar Bank of Texas hereby consents to the grant of the Easements conveyed by Gregory R. Coward, to the City of Denton, Texas, all filed of even date herewith, and being more particularly described and depicted in Exhibit "A" and Exhibit "A-1" (Drainage Easement Tract) and also being more particularly described and depicted in Exhibit "B" and Exhibit 11B-1" (Temporary Construction Easement Tract), all being attached hereto and made a part hereof and hereinafter referred to collectively as the Easements. FURTHERMORE, Northstar Bank of Texas joins in the execution thereof solely as Lien Holder and hereby does agree that in the event of foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Easements. / ~4 SIGNED AND EXECUTED this day of February, 2011. Northstar lAank, of exas By: f Layne M,ior Vice President i i ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared Layne Brewer, Senior Vice President of Northstar Bank of Texas, known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purposes and consideration therein stated, as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of February, 2011. J`~ARY P4B KIMBERLY BEASLEY =r°` " = Notary Public, State of Texas My Commission Expires August 26, 2012 Notar P c, State of Texas My commission expires: Z AFTER RECORDING RETURN TO: Paul Williamson Real Estate Manager City of Denton 901 A, Texas Street Denton, Texas 76209 Page 2 EXHIBIT A rthur Surveying Co., Inc. Pro.:Fessianal -Lard Surveyors P.O. Box 54 'Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.108 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Gregory R. Coward, recorded under Instrument Number 2010-60515 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Coward tract, and the east line of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002- 99899 of the Real Property Records of Denton County, Texas, and from which a %a inch iron rod found at the southeast corner thereof and the northeast comer of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, bears South 00 degrees 21 minutes 28 seconds West, a distance of 62.48 feet; THENCE North 00 degrees 21 minutes 28 seconds East, with the east line of said Khosrow tract, a distance of 32.50 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 67 degrees 44 minutes 45 seconds East, a distance of 59.85 feet to a point for corner; South 90 degrees 00 minutes 00 seconds East, a distance of 95.20 feet to a point in the west line of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Real Property Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 11 seconds West, with the west line of said Mazrouei tract, a distance of 39.58 feet to a point for comer; THENCE over, across and through said Coward tract the following three (3) calls: North 47 degrees 58 minutes 37 seconds West, a distance of 14.31 feet to a point for comer; North 90 degrees 00 minutes 00 seconds West, a distance of 78.63 feet to a point for comer; c:120081codlpecan creek interceptor 31dwg1291169_esmt3_revised.doc Arthur Surveying Co., Inc. .Professional Zand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 South 67 degrees 44 minutes 45 seconds West, a distance of 66.45 feet to the POINT OF BEGINNING, and containing 0.108 acres of land, more or less. f Q F P ~e W. TH t'2LEYIII ....A. -IU2.p..=. II I c:\2008\cod\pecan creek interceptor 3\dwg\291169 esmt3 revised.doc NORTH EXHIBIT A-1 40 0 40 Feet Basis of bearing is based on the City of Denton GlS network. 30' Temporary Construction Easement 0.107Acres S90.00'00"E 101.12' N6l 53 2', - - - b ~o 00 S90'00'00"E 95.20' con 'o C' P. O. B. -J 30' Sanitary Sewer Esmt. 0.108 Acres o fiy~o 00 e, Cb' N90'00'00"W o 78.63' ` s e, 56~°ro6.~5 K2"I,R.F. 260 22,. P.O.B. ~ONO 3t o 11217 R.F. SAO 00 - 00 1 (Z) N (n N NI ~ O ~ O Gregory R. Coward 100-D Nail Inst. No. 2010-60515 Found 1/2 % R. F. (C. M.) 1 LINE TABLE 1 LINE BEARING LENGTH / L1 '28" E 32.50' ` L2 N4747*58'58'37"W 14.31' O.F L3 N00'21'28"E 32.50' .G°. L4 S00'03'11 "W 12.18' Gustavo Torrez & wife, Luz V. Torrez C. C. No. 97-R0082959 ~W n~T H` - JAL Olt 1 e' a a . O2 Buffalo Bayou, Brazos & Colorado Railroad Arthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972-221-9439 Fax 972-221-4675 Denton County, Texas 220 Elm Street, Suite 200 - P.O. Box 54 2009- Lewisville, Texas 75067 O\BBOB\Cl1B\PECgN CREEK PITERCEPTBR 3\d.p\291169_esnt3-rcvlsedd.B 929/2010 94311 PN GBT EXHIBIT B rthur Surveying Co., Inc. Professional -,anti Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' TEMPORARY CONSTRUCTION EASEMENT 0.107 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Gregory R. Coward, recorded under Instrument Number 2010-60515 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Coward tract, and the east line of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002- 99899 of the Real Property Records of Denton County, Texas, and from which a %z inch iron rod found at the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, South 00 degrees 21 minutes 28 seconds West, a distance of 94.98 feet; THENCE North 00 degrees 21 minutes 28 seconds East, with the east line of said Khosrow tract, a distance of 32.50 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 67 degrees 44 minutes 45 seconds East, a distance of 53.26 feet to a point for comer; South 90 degrees 00 minutes 00 seconds East, a distance of 101.12 feet to a point in the west line of that certain tract of land described in deed to Named Mazrouei, recorded under Instrument Number 2008-64588 of the Real Property Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 11 seconds West, with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 90 degrees 00 minutes 00 seconds West, a distance of 95.20 feet to a point for comer; South 67 degrees 44 minutes 45 seconds West, a distance of 59.85 feet to the POINT BEGINNING, and containing 0.107 acres of land, more or less. % k ,1ctLEYrB90c:\2008\cod\pecan creek interceptor 3\dwg\291169_esmt3 revised.doc ' u~~~ it NORTH 40 0 40 Feet EXHIBIT B-1 Basis of bearing is based on the City of Denton G1S network. ~ 30' Temporary Construction Easement 0.107Acres S90'00'00"E 101.12' t T Q N6 5i?; o 0 S90'00'00"E 95.20' V)i tiro P.O.B. J N6,59a% 30' Sanitary Sewer Esmt. 4~q ~ . q 0.108 Acres o 0 INN N90'00'00"W - 78.63' ss 5ro•66.45; F ~s0a?~ F ` P.O.B. CO ~ N ~ 1/2"GR.F. s~~• CO - co 0 CV V1 \~j 77~I N CV I F O O O Gregory R. Coward 100-0 Na17 Inst. No. 2010-60515 Found l/27R.F. (C.M.J l LINE TABLE 1 LINE BEARING LENGTH / L1 '28"E 32. L2 N4747'58S8'37"W 14.31' 31' L3 N00'21'28"E 32.50' l~° L4 500'03'11"W 12.18' ~i• •GISTE4•-F Gustavo Torrez & wife, • Luz V. Torrez I ' a• C.C. No. 97-R0082959 Mid.°THA ,,jURLEV111 ~ ....A 02 Buffalo Bayou, Brazos & Colorado Railroad rthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972-221-9439 - Pax 972-221-4675 Denton County, Texas 220 ELM Street, Suite 200 P.O. Box 54 2009 - Lewisville, Texas 75067 6\2008\CDD\PECAN CREEK INTERCEPTOR 3\d18\291169--t3--,I-dd.p 9/29/2010 %4301 PM CDT Denton County Cynthia Mitchell County Clerk Denton, Tx 76202 70 2011 DOD18053 I Instrument Number: 2011-18053 As Recorded On: February 25, 2011 Lien Parties: NORTHSTAR BANK OF TEXAS Billable Pages: 8 To Number of Pages: 8 Comment: ( Parties listed above are for Clerks reference only ) Examined and Charged as Follows: Lien 39.00 Total Recording: 39.00 DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2011-18053 Receipt Number: 767947 CITY OF DENTON Recorded Date/Time: February 25, 2011 04:10:57P 901 A TEXAS ST DENTON TX 76209 User / Station: A Mcelroy - Cash Station 1 THE STATE OF TEXAS } C'() COUNTY OF DENTON } ~a I hereby certify that this instrument was FILED In the File Number sequence on the dateltime ~I printed heron, and was duly RECORDED in the Official Records of Denton County, Texas. Gy.Ah'dullCounty Clerk Denton County, Texas I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. i SANITARY SEWER EASEMENT l THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Hamed Mazrouei ("Grantor"), of Denton County, whose mailing address is 145 L Foxtrot Lane, Lewisville, TX 75077-7342, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual sanitary sewer easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 185 to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A", AND ILLUSTRATED IN EXHIBIT "A-1" BOTH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually j maintaining sanitary sewer pipelines, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the day of Od66C, 2012. B. amed Mazrouei i ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF I § This instrument was acknowledged before me on Dch"x 2012, by Hamed Mazrouei. ~s,'% SARAH RIEBE Notary PuRc, State of Texas My Cornmi®®ion Explraa Notary Public, in and for the State of Texas April 24, 2014 My Commission Expires: Accepted this day of 19 2012, for the City of Denton, Texas (Resolution No. 91-073). 1 By: "D "t) Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson Arthur Surveying Co., I nc. - Professional -,and Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 SANITARY SEWER EASEMENT 0.207 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, and also being a part of Lot 4, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a'/Z inch iron rod found at the most easterly northeast corner of said Mazrouei tract and the southeast corner of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, said point being in the west line of North Bradshaw Street, a public roadway; THENCE South 00 degrees 32 minutes 26 seconds West, with the west line of said North Bradshaw Street, a distance of 19.54 feet to a 100-D Nail found for the northeast corner of that certain tract of land described in deed to Jose Angel De La. Rosa and wife, Rosa Maria De La Rosa, recorded under County Clerk's File Number 97-R0011423 of the Official Public Records of Denton County, Texas; THENCE North 89 degrees 10 minutes 52 seconds West, with the north line of said De La Rosa tract, a distance of 16.14 feet to a point for corner; THENCE over, across and through said Mazrouei tract the following three (3) calls: North 88 degrees 21 minutes 29 seconds West, a distance of 108.77 feet to a point for corner; North 63 degrees 53 minutes 41 seconds West, a distance of 154.86 feet to a point for corner; North 90 degrees 00 minutes 00 seconds West, a distance of 64.25 feet to a point in the west line of said Mazrouei tract from which a 1/2 inch iron rod found bears South 00 degrees 03 minutes 11 seconds West, a distance of 21.75 feet; THENCE North 00 degrees 03 minutes 11 seconds East, with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for corner; c:\20081cod1pecan creek interceptor 31dwg1291169_esmtl-revised-3.doc Arthur Surveying Co., Inc. Professio.nay sand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 THENCE over, across and through said Mazrouei tract the following two (2) calls: South 90 degrees 00 minutes 00 seconds East, a distance of 71.17 feet to a point for corner; South 63 degrees 53 minutes 41 seconds East, a distance of 145.73 feet to a point for corner the west line of said Turrubiartez tract; THENCE South 01 degree 29 minutes 15 seconds West, with the west line of said Turrubiartez tract, a distance of 14.20 feet to a "X" found for the southwest corner thereof; THENCE South 88 degrees 21 minutes 29 seconds East, with the south line of said Turrubiartez tract, a distance of 126.71 feet to the POINT OF BEGINNING, and containing 0.207 acres of land, more or less. / L n j/'~~""~p 1,,,~ 'S[ f F9h1 ~¢l4 r I~~ L dy ti Vfr c:\2008\cod\pecan creek interceptor 3\dwg\291169_esmtl-revised-3.doc I i LINE TABLE_ LINE BEARING LENGTH NORTH L1 S00'32'26"W 19.54' L2 N89'10'52"W 16.14' (Q 0 60 Feet L3 N00'03'11"E 30.00' L4 S01'29'15"W 14.20' L5 S01'29'15"W 5.91' Basis of bearing is based on the City of L6 N00'03'11 "E 30.00' Denton GIS network. L7 S00'03'1I "W 21.75' Temporary Construction Esmt. 0.110 Acres S90'00'00"E 78.10' Hamed Mazrouei Inst. No. 2008-64588 S90'00'00"E _j 71.17' 3 , L9 T J F • • • Margarita Turrubiartez • . • I 7~S S2 C.C. No. 97-R0058223 T' i. I T N90'00'007W ~3• 3' L5 I J 64.25' iV6 P.O.B. 1/z"I.R.F `3`34 P.O.B. .......S8872 1 29 .E........ (CM.) 126.71' h (GMF Sanitary Sewer Esmt. 7S X JFNO W 6+• FOUND J 0.207 Acres : 100-D NAIL Gregory R. Coward .N88•'~1'~9"IN ..108.7.7.' .U _ Inst. No. 2010-60515 Jose Angel De La Rosa & wife, N i~ 1 Rosa Maria De La Rosa M CC No. 97-R0011423 0 1~4_ x 1 I ii T FOUND 10 100-D NAIL Cr) Hamed •Mazrouei .........I ? - Inst. Wo. 2008-64588 64 ° r•t t' !.•?T =Hamed Mazrouei Inst. No. 2008-33533 x E-i 114 Z 4 p~1 ~W ~7HAD MURLEY III •`i.o9 5802 rF Buffalo Bayou, Brazos & Colorado Railroad rthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton, 972-221-9439 - Fax 972-221-4675 Denton County, Texas 220 Elm sweet, suite 200 P.O. Box 54 2011 - Lewisville, Texas 75067 G\EOOB\lL0\PEGN tl1EEK plfERCEPfpR 3W.p\291169_amtl-.MCetl-3d.R 1/6/E011 IOCIV!1 NI COT Denton County Cynthia Mitchell County Clerk Denton, TX 76202 70 201 2 001 37545 Instrument Number: 2012-137545 As Recorded On: December 04, 2012 Easement Parties: MAZROUEI HAMED Billable Pages: 7 To Number of Pages: 7 Comment: ( Parties listed above are for Clerks reference only ) Examined and Charged as Follows: Easement 40.00 Total Recording: 40.00 DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2012-137545 Receipt Number: 978053 CITY OF DENTON Recorded Date/Time: December 04, 2012 04:17:08P ENGINEERING DEPARTMENT 901-A TEXAS STREET User / Station: D Kitzmiller - Cash Station 2 DENTON TX 76209 ••"""••HE STATE OF TEXAS T } ~suri COUNTY OF DENTON } r I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed heron, and was duly RECORDED In the Official Records of Denton County, Texas. County Clerk Sae ` Denton County, Texas NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS § § NOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Hamed Mazrouei ("Grantor"), of Denton County, whose mailing address is 145 Foxtrot Lane, Lewisville, TX 75077-7342, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the - City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and access easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 185 to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A", AND ILLUSTRATED IN EXHIBIT "A-1" BOTH ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, will remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The City of Denton, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under and across said Property for the purpose of access, construction and grading activities or any part thereof. 1 The term of this grant shall expire one (1) year from the date of the "Contractor Notice to Proceed Letter" for the Pecan Creek Sanitary Sewer Interceptor - Phase II. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Zri- CX~9a~~~ , 2012. Witness my hand, this the ~ day of Hamed azrouei ACKNOWLEDGMENT THE STATE IF T X S § COUNTY OF § n This instrument was acknowledged before me on D(AW L~ , 2012, by Hamed Mazrouei. PY P yi 10 ►%%a SARAH RIEBE Notary Public, State of Texas Notary Public, in and for the State of Texas My Commission Expires April 24, 2014 My Commission Expires: Accepted this day of OCT06 , 2012, for the City of Denton, Texas (Resolution No. 91-073). By: Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 2 rthur Surveying Co., Inc. Professional -L.,-Lod Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.110 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, and also being a part of Lots 4 and 5, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the west line of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, from which a "X" found at the southwest corner thereof bears South 01 degree 29 minutes 15 seconds West, a distance of 14.20 feet, said point being at an inner "ell" corner of said Mazrouei tract; THENCE over, across and through said Mazrouei tract the following two (2) calls: North 63 degrees 53 minutes 41 seconds West, a distance of 145.73 feet to a point for corner; North 90 degrees 00 minutes 00 seconds West, a distance of 71.17 feet to a point in the west line of said Mazrouei tract; THENCE North 00 degrees 03 minutes 11 seconds East, with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Mazrouei tract the following two (2) calls: South 90 degrees 00 minutes 00 seconds East, a distance of 78.10 feet to a point for corner; South 54 degrees 35 minutes 09 seconds East, a distance of 152.23 feet to a point in the west line of said Turrubiartez tract; THENCE South 01 degree 29 minutes 15 seconds West, with the west line of said Turrubiatrez tract, a distance of 5.91 feet to the POINT OF BEGINNING, and containing 0.110 acres of land, more or less.z 3. 6e c:120081cod1pecan creek interceptor 31dwg1291169_esmd-revised-3.doc LINE TABLE LINE BEARING LENGTH rr i~~ L1 S00'32'26"W 19.54' NORTH L2 N89'10'52"W 16.14' L3 N00'03'11 "E 30.00' 60 0 6,0 Feet L4 S01'29'15"W 14.20' L5 S01'29'15"W 5.91' Basis of bearing is based on the City of L6 N00'03'l I "E 30.00' Denton G!S network. L7 S00'03'11 "W 21.75' Temporary Construction Esmt. 0.110 Acres S90'00'00"E 78.10' Hamed Mazrouei Inst. No. 2008-64588 S90'00'00"E SSA, 71.17' S : ~3SO • • • . . • . Margarita Turrubiartez • • • `s'ue? C.C. No. 97-R0058223 N90'00'0077,3• ~S' L5 ; 64.25' N63~ P.O.B. I 1/2 "l. R.F.r r~ (c.M.) S88 21.29 .E........ P.O.B. 126_71' <c.M.) Sanitary Sewer Esmt. 7S, ~ X FND "l.R.F. W 8 • I . r FOUND 0.207 Acres 100-D NAIL ' 1 Ell Gregory R. Coward N88, 21 ~~~"IN - • - .108.77.'..L.. ~ ~ Inst. No. 2010-60515 Jose Angel De La Rosa & wife, N i~ Rosa Maria De La Rosa N N 1 CC No. 97-R0011423 0j x 3 O FOUD 1 I'„ T 100-0 NAIL I co Hamed. -Mazrouei . Inst. No. 2008-64588 I ° I 'T =Hamed Mazrouei Inst. No. 2008-33533 x O I Z I I TC' I Buffalo Bayou, Brazos & Colorado Railroad Arthur Surveying Co., Inc. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton, 972-221-9439 Fax 972-221-4675 Denton County, Texas 220s1m Street Suite 200 - P.O. Box 54 2011 Lewisville, Texas 75067 0\ 8\00\P N CN MTEFCMTPR 3\tl.p\291169 esntl-r.vtretl-9.a.0 416/eou LOOM AN CDT Denton County Cynthia Mitchell County Clerk Denton, TX 76202 70 201 2 00137544 Instrument Number: 2012-137544 As Recorded On: December 04, 2012 Easement Parties: MAZROUEI HAMED Billable Pages: 5 To Number of Pages: 5 Comment: ( Parties listed above are for Clerks reference only ) Examined and Charged as Follows: Easement 32.00 Total Recording: 32.00 DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2012-137544 Receipt Number: 978053 CITY OF DENTON Recorded Date/Time: December 04, 2012 04:17:08P ENGINEERING DEPARTMENT 901-A TEXAS STREET User / Station: D Kitzmiller - Cash Station 2 DENTON TX 76209 THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certify that this Instrument was FILED In the File Number sequence on the date/time r printed heron, and was duly RECORDED in the Official Records of Denton County, Texas. CfiAddL ti County Clerk Denton County, Texas i NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CONSENT OF LIEN HOLDER STATE OF TEXAS § COUNTY OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: The undersigned is the present legal and equitable owner and holder of the following: A DEED OF TRUST dated May 30, 2008, filed of record on June 12, 2008 under County Clerk's File No. 2008-64589, Real Property Records of Denton County, Texas, executed by Hamed Mazrouei, in favor of Greg Massey, Trustee, securing the payment of one note therewith in the principal sum of $176,000.00, and any other amounts payable under the terms of said DEED OF TRUST. (Loan 4 400262473) i NOW, THEREFORE, First United Bank and Trust Company hereby consents to the grant of the Easements conveyed by Hamed Mazrouei, to the City of Denton, Texas, all filed of even date herewith, and being more particularly described and depicted in Exhibit "A" and Exhibit "A-1" (Drainage Easement Tract) and also being more particularly described and depicted in Exhibit "B" and Exhibit `B-1" (Temporary Construction Easement Tract), all being attached hereto and made a part hereof and hereinafter referred to collectively as the Easements. FURTHERMORE, First United Bank and Trust Company joins in the execution thereof solely as Lien Holder and hereby does agree that in the event of foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Easements. I SIGNED AND EXECUTED this day of Geto4er, 20+1. First United Bank and Trust Company By: d~'~^lc Printed Name: 9&4z I ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § EFORE ME, the undersigned authority, on this day personally appeared ° Cb~C m~' of First United Bank and Trust Company, known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purposes and consideration therein stated, as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS d _ e feb" 20 ay of Gete~er, 2011. ~aY P~s~ BELINDA BLACK Notary Public STATE OF TEXAS N~~fFOF ~+py M Comm. Exp. 06!1612014 Notary Public, State of Texas My commission expires: AFTER RECORDING RETURN TO: Paul Williamson Real Estate Manager City of Denton 901 A, Texas Street Denton, Texas 76209 i Page 2 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 ~o zoy z ooi ssoss Instrument Number: 2012-138098 As Recorded On: December 05, 2012 Misc General Fee Doc Parties: FIRST UNITED BANK AND TRUST CO Billable Pages: 3 To Number of Pages: 3 Comment: ( Parties listed above are for Clerks reference only ) Examined and Charged as Follows: Misc General Fee Doc 24.00 Total Recording: 24.00 DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2012-138098 Receipt Number: 978483 CITY OF DENTON Recorded Date/Time: December 05, 2012 03:18:54P 901 ATEXAS ST PAUL WILLIAMSON User / Station: C Robinson - Cash Station 1 DENTON TX 76209 ..~.•"THE STATE OF TEXAS) ?'COUNTY OF DENTON } I hereby certify that this instrument was FILED in the File Number sequence on the dateltime printed heron, and was duly RECORDED In the Official Records of Denton County, Texas. ~ ~ifA4dult . County Clerk Denton County, Texas