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2012-061s:llegallour documentslordinances112\watts acquisition ordinance.doc o�n�r�vcE No. . 2012-061 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A.07 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT ENCUMBERiNG A 0.07 ACRE TRACT; (III) A UTILITY AND DRAINAGE EASEMENT ENCUMBERING A.O1 ACRE TRACT; (IV) A DRAINAGE EASEMENT ENCUMBERING A.03 ACRE TRACT; (V) A SLOPE EASEMENT ENCUMBERING A 213 SQUARE FOOT TRACT; AND (VI) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT ENCUMBERING A 0.08 ACRE TRACT, ALL TRACTS LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND SITUATED 1N THE O.S. BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 2200 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE ROAD, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO CHRISTOPHER M. WATTS (THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF NINE THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND NO CENTS ($9,322.00), AND OTHER CONSIDERATION, AS PRESCRIBED 1N THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public 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 use and necessity exists, and that the public welfare and convenience require the acquisition of the Property Interests by the City of Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition of the Property Interests is necessary for public use to provide street and roadway expansion and improvements to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Manager, or his designee, is hereby authorized to make a formal offer to the Owner to purchase the Property Interests from the Owner. SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and behalf of the City (i) the Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "B", with a purchase price of $9,322.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with all applicable law. SECTION 6. 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 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� day of � , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: �t. APP OVED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: PAGE 1 bF 2 �L, �,�`�� R�'�' ��° �',�(�� J�AGNESGHTTROGERS 6 ��,,�a�� VOL. 994, PG. 652 � �,��°� D.R,D.C.7, �';�° rp)� N70 '54' 54"E �a„�r"� �� 31. 03 ' oN PpOZ �g6 WP� PG '� . 5�G 0P ,p, � � � SEW/�AYuCAPR�/ �= 4'A8'26" R=1047.50' T=43.97' L=87.88' Cb=N08 '19' 23"W Lc=87.86' SEW/GAI CAPR. 2216 S. BONNIE BRAE LOT 2 CHRI570FHER M. WATTS VOL. 5102, PG. 2398 D,R.D.C.T, s�< -4 CA � �4r 'O � • �, N10 '43' 36"W 84.59' . � __ �' i POINT OF ; BEGINNIN�r SEw/GA �G� , ~ � � ��`` i .' �f i y POINT -0�- - COMMENCING FND 1/2" I.R 2220 S. BONNIE BRAE LOT 3A JOHN P. DAN5BY VDL. 1554, PG. 969 O.R.D.C,T. EXHIBIT "A" - to Ordinance (P � � � � 1 1 f � � � � i � � ! � � i � i � � � � � � � � � � � 4 � � ; � i � , , I� � � � 1 1 � , v , � � � � � � � ;W � Z J i �r �w �> �� , � � � � � � � � � � ' 1� . � � -- � _ , io �.; N — � i o � � � H w ; W �;� ; ; !° i � �, � � �., ti , � �� o , o ; Z ; �� ; � , °, _ � ��, � , � � ��; - � a ... � H 1 � 3 � � ' w� � Lti �Om ; �.pa � , � ¢i ��, , � � i � , �� i � i , � � 1 Interests (�s� 4\`� $J� 4N � •. ��J �C�) . ti��'��. �� )�� „•��:� 2324 HIGHLAND PARK R� MILTON B. CLEARMAN 6 SPOUSE, ANITA A. CLEARMAN VDL. 4437, PG. 2213 o.R.o.c.T. � �/ \` � ,. ` ir � _ -,. .. r � `• � �� `'..\ ~.._ ._ � � �� : -'-°._----� i • -�--r r�---- ----------�___-� ------ ��,._______�J.l��__.._IVARIABLE WI�7�-Il� O-W-) --^- Ey a= Eo �� H O ° H 3 O�J �+ m a a � a > O V � � � � HAFILAN PROPERTIES, INC. VDL. 4704, PG. l297 �.R.�.C.T. BASIS OF BEARING IS NORTH AMEAICAN �ATUM OF 19B3 (NA�-83) STATE PLANE CODRDINATE SYSTEM, TEXAS NOpTH CENTRAL. PARCEL 24—ROW-1 BEING A � 2,841 SQ.FT./0.07 ACRE RIGHT—�F—WAY DEDICATYON SITUATED IN THE O.S. BRE'VV'STER SURVEY ABSTRACT N0. 56 DENTON C�UNTY, TEXAS � � Graham Associates,lnc. ■ CONSUI.TING ENGINEERS dc PLANNERS 600 SIX FLAflS DpIVE, SUI7E 600 ARLIN6TON, lEXAS 76D11 (e1Y) 6�0-6333 7HPE FlRM: F-17o1/iHPI.S FlRMe 101338-00 n SCAL�: 1"= 60' DATE: JULY �019 J/Denton/P24-ROW-1 Page 2of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 24-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDiCATYON B�ING a 0.07 acre traci of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being inore particularly described by metes and bounds as follows: COMMENCIN�G at a found 1/2 inch iron xod, said point being the southeast corner of said Lot 2, and being the northeast corner of Lot 3A, of said Solar Way Addition, and being conveyed to 7ohn Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 00°17'S4" East, along said existing west right-of way line, a distan.ce of 70,20 feet to a set 1/2 inch iron rod with GAI cap for corner, for the POINT OF BEGINNING, said point being in the proposed west right-of way line of said Bonni.e Brae Street; THENCE North 10°43'36" West, leaving said existing right-of-way line and along said proposed right-of way line, a distance of 84.19 feet to a set 1/2 inch iron xod with GAI cap for corner, �or the beginning of a tangent curve to the right having a radius of 1047.50 feet, a central angle of 4°48'26", and a long chord which bears Noi�th 08°19'23" West, 87.86 feet; THENCE along said proposed west right-of-way line and along said tangent curve to the right, an arc distance of 87.88 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the north line of said Lot 2, and being in the south line of Lot 1 Solar Way Addition as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas ax�d being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas, being a common line; THENCE North 70°54'S4" East, leaving said proposed west right-of-way line and along said common line, a distance of. 31.03 feet to a point for corner, said point being the northeast corner of said Lot 2 and also being in the said existing west xight-of-way line Bonnie Brae Street; THENCE South 00°17'S4" West, leaving said common line and along said existing west right�of-way line, a distance of 179.80 feet to the POINT OF BEGINNING arxd CONTAINING 2,841 square feet, 0.07 acres of land, more or les; PAGE 1 OF 2 h� . � G��' �,��?i �C��6 LDT 1 � JEAN M.G. TUNNELL �� ` AGNES H. ROGERS , VOL. 994, PG. 652 �� D.R.D.C.T. �� .�� C�`�°� ��' NB9'09'57"E POO� �9� 16 . 12 ' P� ca • 5�Gp8 WP .� G '( P• i � A� 2'56' 13:' J R�1063.50' T=27.26' � L=54 . 51 �' Cb=N09'15'30"W L�=54.51' 2216 S, BONNIE BRAE LOT 2 CHRIS70PHER M. WATTS VOL. 5102, PG. 2398 D.R.�.C.T. SO �q cA9 yq y ' O �c 3 0 � w N O O �0. � 0 i"w�.� �/ �� \ �' i � 1 i � i�� / `~ N� �'�.�.� i �1 i'. \ f� � SB9 '33' 56".HI. _2�fi'L' � P OINT _ OF_� BEGINIVING FNO 1/2" T.p 2220 S. BDNMIE BRAE LOT 3A JOHN P. bANSBY VOL, 1554, PG. 969 �.R.D,C.T. L+'XHllil�l' "A" - to urainance �rroperty inieresis� , , , � � � � i � i ti i � � , t, � � I � � � � � � � ti r ,. � � , � � � �� i � W /� W � 1 � ti ~ , `� ti � � � � �^• � 3 ' J' � � O � pq Q � , �, �� o, ... , � ; � 3 i � W� ti �O Q � 4 � ~ i � �� 1 � � � � . � � � ; ' ,I � i � � , � ��'��` ��J P,y�' ��o , ,.�� ` ,�� p;� �"`�,�� A= 2'49'48" R=1047.50' T=25.88' L=51.74' Cb=S09'18'42"E Lc-51�. 73 ' 2324 HIGHLAND PARK RD MILTUN B. CLEAAMAN & SPDUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 D.R.D.C.T. 1510 '43' 36"E 84.19' / � r � � / " ^�. ` /� __ ` i �l '� `�� ,' 1'��.� �_ _ ! � � � S00'"��4'�1--r �.-rr--- ------- ✓------- 70.20 [1NT,ANn PA{� RC1An ________1./11,.__.._(VARIABLE WIOTjl1fl 0_W ) ___ E W � � A d �� O � H � � � J �+y m a a N ¢ a > O v � � � � HARLAN PRDPERTIES; INC, VOL. 4704, PG. 1297 U.R.o.C.T. BASIS OF BEARING IS NORTH AMERICAN DATUM OF 9983' (NAD-83) STA7E PLANE COOR�INATE SYS7EM, TEXAS NORTH CENTRAL. PARCEL 24—USE--1 BEING A 2,837 SQ.FT./U.07 ACRE UTILITY & SL�PE EASEMENT SITUATED IN .THE D.S. BREWSTER SURVEY ABSTRACT N0. 56 DENTON COUNTY, TEXAS .^ Graham Associates,lnc. /(�� CONSULTING ENGINEERS dc PLANNERS \l^J 1 600, SI% FlAGS ORIVE, SUIIE SOD �iY ,,,�uHCro�, �oc�s �amt (a�» e�a—esaa 7BPE FlRMt F-71Y1/1HPLS FlRM: 101538-OD n SCALE: 1"= 6a' DATE: JULY 2011 J/Denton/P24-u5E-i Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 24-USE-1 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEING a 0.07 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: , BEGINNING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and being the northeast corner of Lot 3A, of said Solar Way Addition, and being conveyed to John Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Sfreet (having a variable width R,O.W.); THENCE South 88°33'56" West, leaving said existing west right-of-way line and along the south line of said Lot 2, a distance of 2.61 feet to a point for co�ner; THENCE North 14°43'36" West, leaving said south line, a distance of 152.67 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1063.50 feet, a central angle of 2°56'13", and a loug chord which bears North 09°15'30" West, 54.51 feet; TI�NCE along said tangent curve to the right, an arc distance of 54.51 feet to a point for corner; THENCE North 89°09'S7" East, a distance of 16.12 feet to a point fox corner, for the beginning of a non-tangent cur�e fio the left having a radius of 1047.50 feet and a central angle of 2°49'48" and a long chord which bears South 09°18'42" East, 51.73 feet, said point being in the proposed west right-of-way line oi Bonnie Brae Street (having a variable width R.O.W.); THENCE along said proposed west right-of-way line and along said non-tangent curve to the left an arc distance of 51,74 faet to a point for corner; THENCE South 10°43'36" East, continuing along said proposed west right-of way line, a distance of 84.19 feet to a point for corner, said point being in the existing west right-of-way line of said Bonnie Brae Street; THENCE South 00°17'S4" West, along said existiuig west right-of way line, a distance of 70.20 feet to the POINT OF BEGINNIl�G and CONTAINING 2,83'1 square feet, 0.07 acres of land, more or less. Cr2�ZS. ZofZ PAGE � OF 2 �� C��,��. J ; �� O �' LOT 1 °G �� JEAN M.G, TUNNELL 6 0 . <<'"� �� AGNES H. ROGERS c�n �`�tl �'�il VOL . 994, PG . 652 ° ��4 N70 54' 54"E a rr �'. �o>>` �� 16. 43 ��tioN �l �'�� 1g6 l P G• � 5QGp0P � .p G � h..,. �'�S89'09'57"W - � 16.12' n= 1�ao � o� � pOINT OF' T=1564950 BEGINNING L=30.97' Cb=N06'57'20"W o� 2•qs�4e° Lc=30.9% � R=IOA7.50' T=25.BB' L=51.74' Cb=N09'!8'42"W Lc-51.73' 2216 5. BONNIE BRAE �,�1 L07 2 1Dl CHRISTOPHER M. WATTS VOL. 5102, PG. 2398 ��1� D.R.D.C.T. � ��,—� � r S� � �� ' C+q'4q �,.' '` � \ .oe yqy ��' �.�� i 9� Ac�o �.' � � . �' i PUINT �0�--- COMMENCING FND 1/2" I.R 2220 S. BONNIE BpAE LOT 3A JOHN P. OANSBY VOL. 1554, PG, 969 O.R.D.C.T. EXHIBIT "A" - to Ordinance (Property Interests) � � 1 I i � � � � i � � � � � � ,, � � � � fJ..l �� Y w k�Q I u�i � � ; � � ; � . . ; � i, i � ti � � � ` ; i � i ti � � 4 � � ; � � i � i � � � i i � � , i � � � � � ti i C' ' .. � ' . , � � /� '" V � �� i � ��'s �� ^ �� : ��5� C.�Y9�' ��.�`',�'�' e= z •5a � 3�° � ��r R=1047.50' .�'•-°�N� y, T=18.07' � L=36.15' Cb=S06'54' 29"E Lc�36.14' 1 1 . � � -- ., �----- ; �� ,�1�. � W � ,4PL� �� E �; � � ' � ;, J �; � i , °� � �¢, � � z; � �� , o: ..,� � H t � 3 ' i � i Wy � ti,�Ni � Q i ,��, � , , , � � � � ' � , i � ' I � i � � ; 2324 HIGHLANO PApK Rn MILTON B. CI.EARMAN & SPOUSE, ANITA A. CLEAHMAN VOL. 4437. PG. 2213 D,R.D.C.T. �'/l ``~�� ,� ` / �r'-- "' `,. / / �� •� / � �_ I � � f � \� � - - - r r�r-GHLAND PAI��'C ROAD �..�_.-------11L�----iVARIABLE WIQT�il� O.W_)----- � 3 C-� o A�� ri 3 ��J a m a a H Q a n O V � ,��-� HAFLAN PROPERTIES, INC. VOL. 4704, PG. 1297 D.R.O.C.T. BASIS OF BEARING TS NORTH AMERICAN DATUM OF 1983 (NAD-83) STA7E PLANE COOR�INATE SYSTEM, TEXAS NORTH C�N7pAL. PARCEL 24—UDE--1 BEING A 537 SQ.FT./0.01 ACRE � UTILITY & DRAINAGE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT .NO. 5S , DENT�N C�UNTY, TEXAS Graham Associates,lnc. . CONSULTING ENGINEERS dc PU0.NNERS eoo stx Pucrs o�ve, sul� soa ARLINOTDN, TEXAS 76011 (81� 6i0-8535 7BPE FlRM; F-11o1/T6PLS FlRMe 101638-00 n SCALE: 1"� 60' DATE: JULY 2011 J/Denton/P24-UOE-1 Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 24-UDE-1 . LEGAL DES.CRIPTION UTILITY & DRAINAGE EASEMENT BEING a 0.01 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follotvvs: COMI��NCING at a found 112 inch iron rod, said point being the southeast corner of said Lot 2, and being the northeast corner of Lot 3A of said Solar Way Addition, and being conveyed to John Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W,); THENCE North 00° 17'S4" East, along said existing west right-of way line, a distance of 70.20 feet to a poini for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE �Iorth 10°43'36" West, 1ea�ing said eacisting right-of-way line and along said proposed west right-of-way line, a distance of 84.19 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1 �47.50 feet, a central angle of 2°49'48", and a long �chord which bears North 09°18'42" West, 51.73 feet; THENCE continuing along said proposed west right-of-way line and along said tangent curve to the right an arc distance of 51.74 feet to a point for the PO1NT OF BEGINNING; THENCE South 89°09'S7" West, leaving said proposed west right-of way line, a distance of 16.12 feet to a point for corner, for the beginning of a non-tangent curve to tha right having a radius of 1063.50 feet and a central angle of 1°40'07" and a tong chord which bears Nor�h 06°57'20" West, 30.97 feet; THENCE along said non-tangent curve to the right an arc distance of 30.97 feet to a point for corner, said point being in the north line of said Lot 2, and being in the south line af Lot 1, Solar Way Addition as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas and being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas, being a common line; T�IENCE North 70°5�'54" East, along said common line, a distance of 16.43 feet to a point %r corner, for the beginning of a non-tangent curve to the left having a radius of 1047.50 feet and a central angle of 1°58'37", and a long chord which bears South 06°54'29" East, 36.14 feet, said point being in proposed west right-of-way line of said Bonnie Brae Street; THENCE leaving said common line, al�ng said proposed west right-of-way line and along said non-tangent curve to the left an arc distance of 36.15 feet to the P�INT OF BEGINNING and CONTAINING 537 square feet, 0.41 acres of land, more or less. �` PAGE 1 OF 2 t_�, � � F �� o �,l` (� • LOT i ¢ E<4�� JEAN M.G. TUNNEL� & o �� AGMES H. RDGER� v�i � ��e �J! VOL, 994. PG. 6 2 ° �' o.R.o.c.r. o �� °a' � � t .��``��'' ► � � Poo,�1g� 3A, � WP P�'� . 98• l 9��'p0• �,0 G. •5A�6p�� ' P p'' N1� \ � S69'09'57"W 96.69' � POINT UF BEGTNNING 589'09' 57"W 16,12' so �'qq9 B /�, '°.,9 y'��- 'O A A= 2•49'4B" J R=SO47.50' o T=28.BB' i Cb5N0941B'42"W � w Lc=51.73' � � � � , D 2256 S. 80NNIE BRAE ` � LOT 2 � . CFiRTSTOPHER M. WA775 ��,... VOL. 5102, PG. 2398 . o.�.a.c.r. ,� L— i ; �1 i / � ; � � � ` r�' ~ti ,' ��•, � i 1 i �n_ � �' � i 1 �r ----- y O,j, � POINT -0�-- C OMMENCING FNI] i/2" I . F 2220 5. BONNIE BRAE LDT 3A JOHN P. DANSBY VOL. 1554, PG. 969 L1,R.U:C.7. � EXHIBIT "A" - to Ordinance (Property Interests � � � � � � � � � � , � � � � ti � � � � ; � Lc=30.97' � 3 � � O � � � � 4 � � i H ti � ~ 1 H � � x � � w 1 : � t ' ; } � � � ' ' I � � � � � i i � � � , � � ` � l � i� � r � �.. : � � � �� ' -- ,. . � � "�.... O � N i o � � � H � � � ;� ; i� � i °o �`� •-; ; Z ' s� J ° _� � �°: � �� ' �i -'�� q � � N � � 3 I �� j � ••ti� �Q mti 1,� N '; IL I � � ��> � , � , ,� , � � : �� : , , i� 'I � , i , � , , � � � �L�� :�� : ,�,�� 5�`�y �= 1 '40' 07" r��5° R=1063.50' ,.,, �'�;.^ T�15.49' �"� L=30,97' Cb=S06'57' 20 "E '�� 2324 HIGHLAND PARK RO MILTON 8. CLEARMAN 6 SPOUSE, ANITA A, CLEARMAN VOL. 4437, PG. 2213 D.R.D,C.T. ' �% \` � _ �� : � � r, •�- — — \ ' f ..' �.. \ / �� `�� _ r , . __ � � ; --�crr�-'- ----------'__-'�------- ____,J,�l,___„IVARIABLE WIDT .O,W.) ----- ---��_--------• W �o �� F � O 0 � J �+ m a a � > O V � �� HARLAN PROPERTXES, INC. VOL. 4704, PG. 1297 . O.R.O.C,T. BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAb-63) S7ATE PLANE COOR�INATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 24-DE-1 � BEING A 1,487 SQ.FT./0.03 ACRE DRAINAGE EASEMENT SITUATED IN THE 0. S. .BREWSTER SURVEY ABSTRACT NU. 56 DENTON COUNTY, TEXAS ^ Groham Associates,inc. �+ CONSULTING ENGINEERS dc PLANNERS � eoo slx rtACS oRIVe, sul� eoo ARUNOTON, lEXAS 78011 (81 B�O-8636 TBPE FlRM: F-11p1/TBPLS F1R : 1D1636-00 n SCALE: 4"= 60' DATE; JULY 2011 J/Qenton/P24-DE-i Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 24-DE-1 LEGAL DESCRLPTION DRAINAGE EASEMENT BEING a 0.03 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: CONIlVIENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and being the northeast coiner of Lot 3A of said Solar Way Addition, and being conveyed to John Dansby as�recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 00°17'S4" East, along said existing west right-of way line, a distance of 70.20 feet to a point for corner, said point baing in the proposed west right-of way line of said Bonnie Brae Street; THENCE North 10°43'36" West, leaving said existing right-of-way line and along said proposed west right-of-way Iine, a distance of 84.19 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1047.50 feet, a cent��l angle of 2°49'48", and a long chord which bears North 09°18'42" West, 51.73 feet; THENCE continuing along said proposed west right-of-way line and along said tangant curve to the right an arc distance of 51.74 feet to a point for corner; THENCE South 89°09'S7" West, leaving said proposed west right-of-way line, a distance of 16.12 feet to a point for the POINT OF BEGINNING; THENCE South 89°09'S7" West, a distance of 96.69 feet to a point for corner, said point being in the north line of said Lot 2, and being in the south line of Lot 1, Solar Way Addition as recorded in Cabinei B, Page 196, Plat Records, Denton C�unty, Texas and being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas, being a common line; THENCE North 70°54'S4" East, along said common line, a distance of 98.34 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1063.50 feet and a central angle of 1°40'07", and a long chord which bears South 06°57'20" East, 30.9'7 feat; THENCE leaving said common line and along said non-tangent curve to the left an arc distance of 30.97 feet to the POINT OF BEGINNING and CONTAINING 1,487 square feet, 0.03 acres of land, more or less. � PAGE 1 OF 2 �� ej? i a � � ( . � � t¢;.F� (.+�"V I o ��p ¢ LOT 1 � o � JEAN M.G. TUNNEISL 6 N t��y�� AGN�S H. ROGERS a 1�� VOL. 994. PG. Q52 ¢ J�� Q.R.�.C.T. ti a �� I �� N89 '09' 57"E ` OS,�ti6N i3.44' AD ti9 I . O�-Pp, ��' O � �� 1� S CP�p ?' \ 1 / �� N29'55'41"W 36.72' POINT OF BEGINNING L+'XHl�il'1' "A" - to ura�nance �rroperry inieresis� i � 4� �� i � �, ti � � � '3 � � � '. � ��a, �`��'�� ,-� �fiI ��;?� ° ,} ��g� > �� :➢ ,_ �, ��:, � A= 1'44'42" � �={j Fi=1063. 50' �`}�y -��.�c� T=16.20' L=32.39' Cb¢S08 '39' 45"E � Lc=32.39' 1 � ;� i � � y i ti � ' �� a , , � , A � � SBO'27'64"W � w � � ss.00• i ' ' w � � 2216 S. BONNIE LOT 2 CHRISTOPHER M, VOL. 5402, PG. D.R.�.C.T. sOl 4,Q CA� �4 , yy �d .c � 9v 1 � � � � � � � i BRAE 1 � � n � ; nIATTS 1 0 � ' 2398 � �' � ,. � , �`"� � 4= r ' � i � �— jN `, � % �1 � Id � /� / y n ; H / / , IW � / ,` '� '. �i� `\ � u°i i � ti �.� �J`\ / � � �� ti � � // 1 o i i . o , ; z J � �o � �.----- -' � �� i � POINT -4�---� - ,-_�; wo ; COMMENCING � _ ; FN� !/2" I.R W �� , Q , ��V� ; � 2220 S. BDNNT� HFiAE � LOT 3A i � JOHN P. �ANSBY � VOL. 1554, PG, 969 ��/i i �,R.D.C.T. ' ' ' ;� � W � � 2324 HIGHLANU PARK RD MIL7�N B. CLEARMAN 6 -A� 1'11'30" SPOUSE, ANITA A. CLEARMAN R=1047.50' VOL. 4437, PG. 2213 T-S0.89' �•R.U.C.T. � L�21,79' C6=N]0'07'51"W �Lc=21.79' / \ / r' f - \ � � � �,• `_�. �� i� � �� — — � � � . — � -- -.._----1 - r� r�- --�------•.-.._./-----°- ..-------�.i.l1.,_---IVARIABLE WTO7JIJ�� 0 W ) _..,__ F - a� � � 3 C"+ O �� o ' O 3 a� � HARLAN PROPER7TE5, INC. m VDL. 4704, PG. f297 H D.R.D.C.T. a � a - > O V P� BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STAT� PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 24-5E-1 BEING A 213 SQ.FT./O.OU ACRE SLOPE EASEMENT SITUATED IN THE D.S. BREWSTER SURVEY ABSTRACT N0. 56 DENTON C�UNTY, TEXAS � Grdham Associates,lnc. . CONSULTING ENGINEERS dc PLANNERS OOD 31x FLA03 DRIVE, SUI7E SOD ARLINGTON, 1DfAS 76ot1 {b171 6�0-&'S'JS 7BPE FlRM: F-11B1/T6PLS FlRAfe 7 015 38-00 n SCALE: 1 "= 60' DATE: JULY 2011 J/0enton/N�4-5t-� Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 24-5E-1 LEGAL DESCRIPTION SLOPE EASEMENT BEING a 213 square foot tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being convayed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and being the northeast corner of Lot 3A of said Solar Way Addition, and being oonveyed to Johr1 Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 00°17'S4" East, aiong said existing west right-of way line, a distance of 70.20 feet to a point for coxner, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 10°43'36" West, leaving said existing west right-of-way line and along said proposed west right-of-way line, a distance of 84.19 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1047.50 feet and a central angle of 1°11'30" and a long chord which bears North 10°07'S1" West, 21.79 feet; � THENC� continuing along said proposed west right-of-way line and along said tangent curve to the right an arc distance of 21.79 feet to a point for corner; THENCE South 80°27'S4" West, leaving said proposed west right-of-way line, a distance of 16.00 feet to a point for the POINT OF BEGINNING; THENCE North 29°55'41 ° West, a distance of 36.72 %et to a point for corner; THENCE North 89°09'S7" East, a distance of 13.44 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1063.50 feet and a central angle of 1°44'42" and a long chord which bears South 08°39'45" East, 3239 feet; THENCE along said non-tangent curve to the left an arc distance of 32.39 feet to a point for the POINT OF BEGINNING and CONTAINTNG 213 square feet, 0.00 acres oiland, more or less. ' PAGE f OF 2 �a�L� �°� �� p� �`�� ,, �� ;,�, �� ` �� / z216 S. gONNIE BRAE �OT 2 CHRISTOPHER M. WATTS VOL. 51U2, PG. 2398 D.A.D.C,T. N86 '43' 66.E N01 '16' 52"W 50.18' 5B8'33'56"W 75.0-1'--f — POINT -0� _ BEGINNING EXHIBIT "A" - to Ordinance (Property Interests � � i , , , � ,: �� i � � � �, � � � � � `� l '� / I � � � •� � .4, � � �y _ � , � �y i 588'33'56 2.61' 2220 5. BDNNIE BRAE . LOT 3A JOHN P, UANSBY VOL. 1554, PG. 969 D,q,D.C.T. / � _ � � i - , _. , , , , , ,, ti i i � i ; ; � w Z H J >- w Q' � � ,; I� , , � � � � � � � � ; , ; � i � � , ; � � i �I i � ��`.,ti� A �� ,� ��o» t�=�< �� b7 CD �1�� v �� 1 2324 HIGHLAND PARK RD MILTON B. CLEARMAN 6 SPOUSE, ANITA A. CLEARMAN 1 VOL. 4437. PG. 2213 O,R.U.C,7. / 1 �� w�� '1 � i � T �` \ �� , ~```�``z�.�/ � � � � 4�'�6-"-�--, � rr--- ----------- r.� ------- 50 . s7 GHLAND PAf �C ROAD �------___�JJ1,,.___IVARIABLE WI�T�i��l_0 W-)--- -- OINT OF vIMENCING JD 1/2" I.R E k� o A�a o�� 3 O�J m a F� Q Fi Y � � � � r HARLAN PROPERTIES, INC. VOL. 4704, PG. 1297 D.R.D,C,T. 9ASIS OF BEARING IS NORTH AMERICAN DATUM OF' 1983 (NAD-83) STATE PLANE C�ORDINATE 5Y5TEM, TEXAS NORTH CENTRAL. PARCEL 24—TCE-1 BEING A � 3,549 SQ.FT./0.08 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED .IN THE O.S. BREWSTER SURVEY ABSTRACT N0. 56 DENT�N COUNTY, TEXAS � � Graham Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNEItS 00� SIX FLAGS CRIVE. SUIiE 600 u�uNOTOri, �us .�eo�t (e�� e�o—esss 7BPE FlRM: F-17Y1/1BPL5 FlRM: 101b'JO-00 � SCALE: 1"= 60' �ATE: JULY 2011 J/Oenton/P24-TCE-1 Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 24-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.08 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas a�nd being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and being the northeast corner of Lot 3A, Solar Way Addition, as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, being a common line, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W,); THENCE South 88°33'S6" West, leaving said existing west right�of-way line and along . coxnmon line, a distance of 2.61 feet to a point for the POINT OF BEGINNING; THENCE South 88°33'S6" West, continuing along common line, a distance of 75.01 feet to a point for corner; THENCE North Ol°16'S2" West, leaving said common line, a distance of 50.18 feet to a point for corner; THENCE North 88°43'O8" East, a distance of 66.69 feet to a point for corner; THENCE South 10°43'36" East, a distance of 50.67 feet to the POINT OF BEGINNING and CONTAINING 3,549 square feet, 0.08 acres of land, more or less. QZ.�3-ZO/Z PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS PURCHASE AGREEMENT (the "Agreement") is dated /`��L�� , 2012, but effective as of the date provided below, between Christopher M. Watts (the "Owner") and the City of Denton, Texas ("City"). WITNESSETgI: WHEREAS, Christopher M. Watts is the Owner of a tract of land (the "Land") in the O.S. Brewster Survey, Abstract Number 56, being affected by the public improvement project called the Bonnie Brae Widening and Improvements Project ("Project"); and WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) easements in, along, over, upon, under and across, a portion of the Land, each related to the Proj ect; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms arid conditions associated with the purchase of the necessary real property interests for the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. A. At Closing, the Owner sha11 grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called), conveying to the City, subject to the reservations described below, the tract of land being depicted and described in Exhibit "A", to that certain Special Warranty Deed (the "Fee Lands"), attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more particularly described therein; (iii) a Utility and Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Utility and Drainage Easement (the "Utility and Drainage Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for utility and drainage purposes, as more particularly described therein; (iv) a Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Drainage Easement (the "Drainage Easement Lands"), attached hereto as Attachment 4 and made a part hereof, for drainage purposes, as more particularly described therein; (vi) a Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Slope Easement (the "Slope Easement Lands"), attached hereto as Attachment 5 and made a part hereof, for slope purposes, as more particularly described therein; and (vii) a Temporary Construction, Grading and Access Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Temporary 2 Construction, Grading and Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 6 and made a part hereof, for temporary construction, grading and access purposes, as more particularly described therein. (the Utility and Slope Easement Lands, the Utility and Drainage Easement Lands, the Drainage Easement Lands, the Slope Easement Lands, and the Temporary Easement Lands, are collectively referred to herein as the "Easement Lands"). The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachtnent 2"; (iii) the Utility and Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 3"; (iv) the Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 4"; (v) the Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 5"; and (vi) the Temporary Construction, Grading and Access Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 6" (the Utility and Slope Easement, the Utility and Drainage Easement, the Drainage Easement, the Slope Easement, and the Temporary Construction, Grading and Access Easement, are collectively referred to herein as the "Easements") (the Fee Lands and the Easements are collectively referred to herein as the "Property"). B. Owner, subject to the limitation of such reservation made herein, shall reserve, for himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Fee Lands. Owner, his heirs, devisees, successors and assigns, shall not have 3 the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration andlor production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subj acent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 2. As consideration for the granting and conveying of the Fee Lands and the Easements to the City, the City shall pay to Owner at Closing the sum of Nine Thousand Three Hundred and 4 Twenty Two and No/100 Dollars ($9,322. 00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. In addition to the Tota1 Monetary Compensation, and being a component part of the Project, the City shall reconstruct, at its sole cost and expense, those areas of concrete driveway flatwork within the Easement Lands, as depicted in Attachment 7, attached hereto and made a part hereof for all purposes. The concrete driveway flatwork shall be reconstructed in a workmanlike manner, using materials comparable to that of the existing concrete driveway flatwork. Any private service lines or irrigation lines situated within the Easement Lands and affected by the Project, shall either be repaired or rearranged, at the sole cost and expense of the City, as field conditions warrant. The work prescribed in this Section 3 is herein referred to as the "Driveway Work". 4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Fee Lands and Easements, if necessary in the discretion of the City. In the event that a11 Encumbrances are not cured to the satisfaction of City prior to Closing, City has the option of (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this 5 Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Work constitute and include 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 caused by, incident to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind located within the Easement Lands related to activities conducted pursuant to the Easements, interference with Owner's activities on the Easement Lands or other property interests of Owner, caused by or related to the Project and/or activities related to the Easements, whether accruing now or hereafter, and Owner hereby releases for himself, his heirs, devisees, successors and assigns, City, it's officers, employees, elected officials, agents and contractors from and against any and all claims he 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 Universal Title Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie, Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 60 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. 0 7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If the actual amount of taa�es for the calendar year in which Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership) and City shall pay for those taxes attributable to the period commencing as of the Closing Date. All other typical, customary and standard closing costs associated with this transaction sha11 be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. S. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 9.A. 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 of default and opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. 7 B. In the event City shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of such election to City; or (ii) enforce specific performance of this Agreement. 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. 11. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter into any Agreement that will be binding upon the Fee Lands or Easement Lands, less and except the Temporary Easement Lands, or upon the Owner with respect to the Fee Lands or Easement Lands, less and except the Temporary Easement Lands, after the date of Closing; or (iii) enter into any agreement that will be binding on the Temporary Easement Lands, or upon Owner with respect to the Temporary Easement Lands, prior to the termination of the Temporary Construction, Grading and Access Easement. 12. Any notices prescribed or allowed hereunder to Owner shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, � and shall be deemed delivered upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: ,�' I��I�� Christopher M. Watts 1900 Jasmine Street Denton, Texas 76205 Telecopy: Copies to: For Owner: Telecopy: CITY: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For Citv: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 3 82-7923 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. Time is of the essence with respect to this Agreement. 14. Owner represents and warrants to City that (i) the Property comprises no part of the homestead of Owner and wife; and (ii) the Property is the separate property of Owner or, if � community property, that Owner has the legal authority to perform all actions and obligations prescribed by this Agreement. 15. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easements. 16. Authority to take any actions that are to be, or may be, taken by City under this Agreement, including without limitation, adjusting the Closing Date of this Agreement, are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer of City, or his designee. CITY OF DENTON, TEXAS By: ---- GEORGE C. CAMPBELL, City MANAGER Date: � ' � , 2012 ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: Date: �% , 2012 10 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,� BY: i `4� c�� Date: � /t � � , 2012 Owner: I� Date: , 2012 11 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 tirne to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Universal Title Agency, LLC d/b/a/ Universal Land Title of Texas Attn: Elizabeth Bobo 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 I: Printed Name: Title: Contract receipt date: , 2012 12 s:llegal\our documents\contracts112\watts special warranty deed.doc ATTACHMENT 1 TO PURCHASE AGREEMENT 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 TFIE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DENTON . KNOW ALL MEN BY THESE PRESENTS: That CHRISTOPHER M. WATTS (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly depicted and described on Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: [Insert Permitted Exceptions] TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Page 2 of 3 EXECUTED the day of , 2012. CHRISTOPHER M. WATTS THE STATE OF COUNTY OF This instrument was acknowledged before me on , 2012 by Christopher M. Watts. Notary Public, State of Texas My commission expires: Page 3 of 3 PAGE 1 UF 2 �� c�z �y�� R°�� JEAN M.GpT7UNNELL 6 ��i\"3 �``� AGNES H. AOGERS �+ VOL. �34, PG, 652 �5�,,�' o.R.o.c.T, �,�° ti��)� N70 '54' 54 "E �,�i` � 31.03' i,�ZpN A�� 196 P� G • 9��p,0P •p, � c� i S�W/GAX CAPR�/ �= 4 '48' 26" R=1047.50' T=43.97' L=87.88' Cb=N08 ' 19 ' 23 " W Lc=87.86' SEW/GAI CAPR 2216 S. BONNIE BRAE LDT 2 CHRISTOPHER M. WATTS VOL. 5502, PG. 2388 b,R.D.C.T. S�� q cA � �qr ' Q .G 'C N10 °43'36"W 84.19' . � �. / / � POINT OF �' BEGINNIN�� SEW/GAI I�� \ � � �'�� i . �/ POINT -0�'— — COMMENCING FND 1/2" I.R 2220 5. BONNIE BRAE LOT 3A JOHN P. DANSBY VOL. 1554, PG. 969 O.R.D.C.T. ,; EXHIBIT !'A" - Page 1 of 2 ; to Special Warranty Deed , , �� , �� q{ � `�� .`.�1 ,. �� ;�`' �.. ,� �� . ;� � H � J �� ;w �� ai � � � � � � � � � � ti ; � � •� .� � . , � ,- , � . 1 � � lO \i N ` � � o � (W i W � �w , � `� ; �` , '� i~U= � o , o ;z , J �3 ; ' o, l � . _ � i � ¢ i � � �F � __ , � .., ; H , ' � i W' , , ti t� a �,� N •i � ¢i , a ��'' � � � i � , �� , � � i � � � � � i � , � 1 2324 HIGHLAND PARK RO MILTON B. CLEARMAN 6 SPOUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 o.a.o.c.T, l�/ �\ � '- � �r .�._� •� � r �, 1 �� `•` `�•_ ._ ( �� _ --��r--�_•__••_ ��J-_•_'__ _________�J.1./r__.._�VARIABLE WIDT�iJ��U W_) � � Fo �� ~ o ° N 3 ��J i�r 4 N a > O v � � _ � NARLAN PROPERTIES, INC. VOL. 4704, PG. l297 o.R.o.c.r. BASIS OF BEARING TS NORTH AMERICAN DATUM OF 1983 (NAD—B3) STATE PLANE CdORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 24—ROW-1 BEING A 2,641 SQ.FT./0.07 ACRE RIGHT—�F—WAY DEDICATION SITUATED IN THE U.S. BREWSTER SURVEY AB5TRACT N�. 56 DENTON COUNTY, TEXAS � � Graham Associates,lnc. CONSULTING ENGINEERS dc PtANNERS 8CD 61X F4AOS �RIVE, SL11TE 60C ,�uMarav� �rex�s �so�t (et» e+a—e�a 7BPE FlRM: F-17�1/7BPL3 FlRMs 7G1038-00 n SCALE: 1 "= 60 ' DATE: JULY 2011 J/Oenton/P24-RaW-7 Page 2of 2 . PARCEL 24-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION EXHIBIT "A" - Page 2 of �2 B�ING a 0.07 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denion C�unty, Texas, being a portion of Lot 2, Sola�r Way Addition as recorded in �Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as recorded in Voluxne 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and being the northeasi corner of Lot 3A, of said Solar Way Addition, and being conveyed to John Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (havi.ng a variable width R.O.W.); THENCE North 00°17'54" East, along said existing west right-of-way line, a distance of 70.20 feet to a set 1/2 inch iron rod with GAI cap for corner, for ihe POINT OF BEGINNING, said point being in the proposed west right-of-way line af said Bonnie Brae Street; THENCE North 10°43'36° West, leaving said existing right-of-way line and along said proposed right-of-way line, a distance of 84.19 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a tangent curve to the right having a radius of 1047.50 f�et, a central angle of 4°48'26", and a long choxd which bears North OS°19'23" West, 87.86 feei; � � THENCE along said proposed west right-of way line and along said tangent curve to the right, an arc distance of 87.88 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the north line of said Lot 2, and being in the south line of Lot 1 Solar Way Addition as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas ax�d being conveyed by deed to Jean M.G. Tuzuaell and Agnes H. Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas, being a common line; THENCE North 70°54'S4" East, leaving said proposed west right-of-way line and along said common line, a distance of. 31.03 feei to a point for corner, said point being the northeast corner of said Lot 2 and also being in the said existing west right-of-way line Bonnie Brae Street; THENCE South 00° 17'54" West, leaving said common line and along said existing west right-of-way line, a distance of 1'19.80 feet to the PO1NT OF BEGINNING and CONTAINING 2,841 square feet, 0.07 acres of land, more or les; s:llegallour documents\contracts112\watts utility and slope easement.doc ATTACHMENT 2 TO PURCHASE AGREEMENT 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. THE STATE OF TEXAS, COUNTY OF DENTON UTILITY AND SLOPE EASEMENT � � � KNOW ALL MEN BY THESE PRESENTS: THAT Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine 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 and sufficiency 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 utility and slope 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 O.S. Brewster Survey, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and lateral slope, 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 and/or lateral slope features or any part thereof. This Easement is subject to the following covenants and agreements: 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. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope, including without limitation, excavation or movement of soil or other material. 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 encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to malce further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and 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. 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, devisees, 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 , 2012. 2 Grantor: : Christopher M. Watts THE STATE OF TEXAS COUNTY OF DENTON Date: ACKNOWLEDGMENT � � This instrument was acknowledged before me on Christopher M. Watts. My Commission Expires: Accepted this day of Texas (Ordinance No. 2012- ). : Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Departtnent 901-A Texas Street Denton, Texas 76209 Aitn: Paul Williamson 2012. Notary Public, in and for the State of Texas 3 2012, by 2012, for the City of Denton, PAGE 1 OF 2 �� . ��`�' 3 �� a \`iN �\ b � h��(�+� � f� LDT 1 0 ��z '� JEAN M.G. TUNNELL & N AGNES H. ROGERS o �j��,�'9 VOL. 994, PG. 652 0 ��b`�\�++�5 D.R.O.C.T. 0. �� ,�� ;�y° �� N89'09'57"E —� �,��N 16.42' �p0�,�g6 Py G • 5��'�p,0 WP� � G � . G p. � Am 2'56' 13:' � R=1063.50' . T�27.26' . L=54.51' Cb=N09 ' 15' 30 "W Lc=54.51' , � , , ; I i � � � o ` a ; Z � H �� i H � W � � � � � 2216 S, BQNNI� BRAE LOT 2 y� CHRISTOPHER M. WATTS �r VOL . 5102, PG . 2398 �� D.R.D.C.T. � so <q cA�.p �'q g o �c i� // �,�,— i � � / ; E-� �/ ti �� ' � i�J \ N � � �' .• � ��` � �l� �`� � . ��i ; � .. . , c� ... , �- � o / � . � �¢; � , � � �;i o '^ � ; �; W� ; ;pm 1� d i ,r� a' 1 V � ' � i i � � � � � � � � � , � � ! ; , ; EXHIBIT "A" - Page 1 �f 2 ; to Utility and Slope Easement � �� .r�3 iJ �� o w �� > �� . �� ,.;�' � � � C� ��j� �S y� ��v A= 2'49'48" �' R=1047.5U' T=25.88' � L=51.74' � Cp=S09'18'42"E ' Lc-51�. 73 ' 2324 HIGHLAND PARK FO MILTON B. CLEARMAN & SPOUSE, ANITA A. CLEARMAN VDL. 4437, PG. 2213 D.R.D,C.T. 1510 '43' 36"E 84.19' � ' '� / � � � � � � � r� � � , . �� r � � — `• , ,� ; j� �'" �� C; ; / �� '�.� ��'___ � � � r . � � _, ' � '.; �500'"�'F��4'�kJ-- �.-�r--- __-� __---- �r y1'p SBB'33'56".4�l._2�fi� � p � POINT_ OF_� BEGINIVING FNO 1/2" T.p 2220 S. 6DNNIE BRAE LO7 3A JOHN P. DANSBY VOL, 1554, PG. 969 D.R.O.C.T. 70.20' '�GHLAND PA1��C ROAD _------___1J.l1,,._.._IVARIABLE WIOT�-Il�l 0 W-)----- H L'i o A�a �� O ° H � ��J � a H a > O v � � � �! HARLAN PROPERTIES; INC, VOL. 4704, PG. 1297 O.R.�.C.T. •BASIS OF BEARINC� IS NOR7H AMERICAN DATUM DF 1983' (NAD-83) STA7� pLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 24-USE-1 BEING A 2,837 SQ.FT./U.07 ACRE UTILITY & SLOPE EASEMENT SITUATED IN .THE 0. S. BREWSTER SURVEY ABSTRACT N0. 56 DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((L� CONSULTING ENGINEERS dt PLANNERS t7 eoo, Slx FI.ACS nRWE. su�iE aoo `�� tuNarau, �ous �eat� (sf� e�a-er� 1BPE FlRMt F-17D1/iBPL3 FlRM: 701638-0� n SCALE: 1"= 60' DATE: JULY 2011 J/Denton/P24-USE-i Page 2 of 2 EXHIBIT "A" - Page 2 of 2 PA.RCEL 24-USE-1 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEING a 0.07 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M, Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod, said poznt being the southeasi corner of said Lot 2, and being the northeast corner of Lot 3A, of said Solar Way Addition, and being conveyed to John Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the e�cisting west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.}; THENCE South 88°33'S6" West, leaving said existing west right-of-way line and along the south line af said Lot 2, a distance of 2.61 feet to a point for corner; THENCE North 10°�3'36" West, leaving said south line, a distanca of 152.67 feet to a point for corner, for the beg'mnuig of a tangent curve to the right having a radius of 1063.50 feet, a central angle of 2°56' 13 ", and a long chord which bea�•s North 09° 15'30" West, 54.51 feet; THENCE along said tangent curve to the right, an arc distance of 54.51 feet to a point for corner; THENCE No7rth 89°Q9'S7" East, a distance of 16.12 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1047.50 feet and a central angle of 2°a9'48" and a long chord which bears South 09°18'42" East, 51.73 feet, said point being in the proposed west right-of-way line of Box�xaie Brae Street (having a variable width R.O.W.); THENCE along said proposed west right-of way line and along said non-tangent curve to the left an arc distance of 51.74 feet to a point for corner; THENCE South 10°43'36" East, continuing along said proposed west right-of-way lina, a distance of 84.19 feet to a point for corner, said point being in the existing west right-of-way line of said Bonnie Brae Street; THENCE South 00°17'S4" West, along said existing west right�of way line, a distance of 70.20 feet to the POINT OF BEGINNING and CONTAINING 2,837 square feet, d.07 acres of land, more or less. d2.Z3. Zo�Z s:llegallour documents\contracts1121watts utility and drainage easement.doc ATTACHMENT 3 TO PURCHASE AGREEMENT 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. UTILITY AND DRAINAGE EASEMENT THE STATE OF TEXAS, . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine 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 and sufficiency of which is hereby acicnowledged, 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 utility and drainage 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 O.S. Brewster Survey, Abstract Number 56 to Wli: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and drainage, 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 and/or drainage features or any part thereof. This Easement is subject to the following covenants and agreements: 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. Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 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 encroach or 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 covenants and 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. 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, devisees, 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 , 2012. 2 Grantor: : Christopher M. Watts THE STATE OF TEXAS COUNTY OF DENTON Date: ACKNOWLEDGMENT 0 �� This instrument was acicnowledged before me on Christopher M. Watts. My Commission Expires: Accepted this day of Texas (Ordinance No. 2012- ). : Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 2012. Notary Public, in and for the State of Texas 3 2012, by 2012, for the City of Denton, PAGE 1 OF 2 ��'� �� ✓�� JEAN M,G�TTUNNELL �Pj� �.'�� AGNES H. ROGERS �,�a��,��,UJ VOL•D R D.0 T, 652 t<��5'�� „ N70'54'S4"E - `�° 16. 43' Zti°N � P�O� �96 �, A G• �pCAOP A � G � / � � SB9'09'57"W - � 16.12' na 1�ao � o� ° ppINT OF � R=1063.50' T=15. as � BEGINNING L=30.97' Cd=N06'57'20"W e= z•49�4e° Lc=30 . 97 ' R=1047.50' T=25.88' L-51.74. Cb=N09'18'42"W Lc=51.73' S� �'q99 A� �%'.4 j . �O .o . ,. . � d w � 0 a °a �a 2216 S. BONNIE BRAE �,, LOT 2 � CHRISTOPHER M. WATTS VOL. 5102, P6. 2398 ��1 D.R.D.C.T. � � �, , � � � i / �/ �\ . i�, ~\ � � ��\ i . � ` � �n_ �' r Q� — — —' POINT -0�---- C�MMENCING FNO 1/2" I.R 2220 S. BONNTE BRAE LDT 3A JOHN P. DANSBY VOL. 1554, PG. 969 �.R.O.C.7. � � , , � , � � � � � � : � '.�� . �� ; � ; o � ; � i, ~ � N � H � X � w , � � � i � .�� , � ,� ,, � I � � � � W f� � , , � ,� �r 111 I� � � EXHIBIT "A" - Page 1 of 2 to Utility and Drainage Easement �� c�h�yJ �`f ��P��, Q�'b�(' ` % �v `�� ,�°. A= 1 '58' 37" !�� R=1047.50' , �-°�l� � T=18.07' � � L 36.15' ' Cb=506'54'29"E Lc=36.14' � � � � I : 4 � ' � � I � i � � � i ; Q i ti � 1 � M � � '; � . o �� ; z � ; � � � ! / � o � - � �Q . i i =� � �� : - � o. ,` � H r � � 3 � i � i �� Q Ifl 4��7 '• a � ��, � , � � � � � � �� i� 'l � , � � i , 2324 HIGHLAND PAAK RD MILTON B. CLEARMAN 6 SPOUSE. ANITA A. CLEARMAN VOL, 4437, PG. 2213 D.R.D.C.T. �f f/ \`�� /� r."_- ��. / � �`� � i � I � � - / ( � ` � '� ! --i�rr,---- -----�---------�------ __..-----_1J.ta.,_---�VARIABLE'WIDT�-Il_P_0 W^) ___. E t'+ o �� F � � O 3 O�J a Q a H a > O V � . � � �� HARLAN PROPERTIES, INC. VOL. 4704, PG. 1297 o.a.o.c.r. BASIS OF BEARTNG IS NORTH AMERICAN DATUM OF 1963 (NAD-B3) STATE PLANE COORDINATE 5YSTEM, TEXAS NOR7H C�N7RAL. PARCEL 24—UDE--1 BEING A 537 SQ.FT./0.01 ACRE UTILITY & DRAINAGE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT .NO. 5fi . DENTON C�UI�TTY, TEXAS � Graham Associates,lnc. . CONSULTING ENGINEERS dc PLANNERS eoo Slx FlACts uR�V� suliE soo MIJNf3'iON, TEXAS 7E611 m� e4o-esss 16PE FlRMi F-17G1/7BPL5 RM: 101638-00 n S�.A�E: 1 �� ° 6� � DATE: JULY 2011 J/�enton/P24-UDE-1 Page 2 of 2 EXHIBIT "A" - Page 2 of 2 PARCEL 24-UDE-1 LEGA.L DES.CRIPTION UTILITY & DRAINAGE EASEMENT BEING a 0.01 acre tract of land situated in the O,S. Brewster Survey, Abstract No. Sb, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch ixon rod, said point being the southeast corner of said Lot 2, and being the northeast corner of Lot 3A of said Solar Way Addition, and being conveyed to John Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.}; THENCE North 00°17'54" East, along said existing west right-of way line, a distance of 70.20 feet to a point for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE �iorth 14°43'36" West, leaving said existing right-of-way line and along said proposed west right-of-way line, a distance of 84.19 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1047.50 feet, a central angle of 2°49'48", and a long chord which bears North 09° 18'42" West, S 1.73 feet; THENCE continuing along said proposed west right-of-way line and along said tangent curve to the right an arc distance of 51.74 feet to a point for the POINT OF BEGINNING; THENCE South 89°09'S7" West, leaving said proposed west right-of way line, a distance of 16.12 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 1063.50 feet and a central angle of 1°40'07" and a long chord which bears North 06°5'7'20" West, 30.97 feet; THENCE along said non-tangent curve to the right an arc distance of 30,97 feet to a point for corner, said point being in the north line of saad Lot 2, and being in the south line of Lot 1, Solar Way Addition as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas and being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton Counfy, Texas, being a common line; TI�NCE North 70°54'S4" East, along said common line, a distance of 16.43 feet to a point for corner, for the beguuiuig of a non-tangent curve to the left having a radius of 1047.50 feet and a central angle of 1°58'37", and a long chord which bears South 06°54'29" East, 36.14 feet, said point being in proposed west right-of-way line of said Bonnie Brae Street; THENCE leaving.said common line, along said proposed west right-of-way line and along said non-tangent curve to the left an arc distance of 36.15 feet to the POINT OF BEGINNING and CONTATNING 537 square feet, 0.01 acres of land, more or less. J,f,�� . � s:\legal\our documents\contracts112\watts drainage easement.doc ATTACHMENT 4 TO PURCHASE AGREEMENT 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. DRAINAGE EASEMENT THE STATE OF TEXAS, , COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine 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 and sufficiency 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 drainage 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 O.S. Brewster Survey, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, 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 drainage facilities and/or drainage features or any part thereof. This Easement is subject to the following covenants and agreements: 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. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 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 sha11 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 encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor sha11 have the right, subject to the covenants and 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. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and sha11 be binding upon the Grantor and Grantee, and their heirs, devisees, 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 , 2012. 2 Grantor: : Christopher M. Watts THE STATE OF TEXAS COUNTY OF DENTON Date: ACKNOWLEDGMENT 0 � This instrument was acknowledged before me on Christopher M. Watts. My Commission Expires: Accepted this day of Texas (Ordinance No. 2012- ). : Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 2012. Notary Public, in and for the State of Texas 3 2012, by 2012, for the City of Denton, PAGF. ! OF 2 ,Ja� r��?�� o �. , . � � �, �� LOT i ,�� JEAN M. G. TUNNEL �& a ��,� � AGNES H. AOGER� uwi ,�.�fl �tJ! VOL. 994, PG. 6 2 ° ��'�' D.R.D.C.T. a . �C�� • � a �;�� $'C�� oN I oozlg6 i y��P� �0 .� C•� ' A. A" E g� �3A' 1 ' S GPOp P N-�o'S S89'09'57"W 96.69' 1 � POINT OF i BEGYNNING � SB9'09'57"W t / 16.12' ea e•as�4e�� R=1047.50' o T=25.96' ` L=51.74' ` W Cb=N09'18'42"W Lc=51.73' � � � f ' A 2216 S. BONNIE BRAE y�� LD7 2 , � CHRISTDPHER M. WA775 VOI.. 5102, PG. 2398 r��•. D.R.D.C.T. � L— so cqqq A� �'q y� ,�� c�0 i� ��1 � i / � ,� � 1 � ` / �, `~ i� ��`,\ / � ' �i 1 �' POINT -0�-- C OMMENCING FNd i/2" I.R 2220 S. BONNIE BRAE LOT 3A JOHN P. DANSBY VOL. 1554, PG. 969 ti,R.U:C.T. � � , , ; � � � � . ti � � � � � � � , � � � i i � � � � �; EXHIBIT "A" - Page 1 of 2 � to Drainage Easement I: V er �� q�� ,� �'� �c��' . �� p ��' � �� A= 1 '40 ' 07 " �.�� `S� R=1063.50' b �,�,^ : T� 15 . 49 ' �`" � L=30.97' , Cb=S06'57'20"E Lc=30.97' � , � � � � � . i 1 � � ; l � � � � � i � � � � � � \ � � � � � _•� ; � � ~ t ' -- .. � .`.� _ � , � , � � , ' � H � ;w � �� ti ; `�� i � ; ; � ' ; . , � �: � � 1 �°: � ¢� i =. , �.. : - , o: ��, , �, , � � � ti Q m �pqN; ,� � � i Cb � ' i � 1 i ; � � V, t � I � � i � � '��y'� 1 2324 HIGHLAND PARK Rb MILTON B. CLEARMAN 6 SPOUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 D.R.O,C.T. / � �r � i . �` .� � y.�— �� i� � � � �- - �r ' � I j _ '_�cYrr_ _ __'_"'..'_ rr��.%_"'__ �_-•.-------.,�.la,___..lVARIABLE WIDT�-II�.O W_) ---- �� [-� o A�� _ o ° 3 O�J �' m a � H � O y � � r -� HARLAN PROpERTIE5, INC. VOL. 4704, PG.. 1297 . D.R.D.C,T. BASIS OF BEAFlING IS NORTH AMERICAN DATUM OF 7963 (NAD-D3) STATE PLANE CODRDINATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 24-DE-1 � BEING A 1,487 SQ.FT./0.03 ACRE � DRAINAGE EASEMENT SITUATED IN THE 0. S. BREyVSTER SURVEY ABSTRACT N0. 56 DEN�ON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNERS 60D SIX FLAGS DRIVE, SUIIE 60D MLINOTON, 7D(AS 78D11 (81� E�D-8636 TBPE FlRM: F-11D1/7BPL5 CIR s 101636-00 n SCALE: 1"= 60' DATE: JULY 2011 J/�enton/P24-DE-i Page 2 of 2 PARCEL 24-DE-1 LEGAL DESCRIPTION DRAINAGE EASEMENT EXHIBIT "A" - Page 2 of 2 BEING a 0.03 acre tract af land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a poi�tion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMN�NCING at a found 1/2 inch iron rod, said point baing the southeast corner of said Lot 2, and being the northeasi co�ner of Loti 3A of said Solar Way Addition, and being conveyed to John Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North �0°17'S4" East, along said existing west right-of way line, a distance of 70.20 feet to a point for corner, said point being in the proposed west �•ight-of-way line of said Bonnie Brae Street; THENCE North 10°43'36" West, leaving said existing right-of-way line and along said proposed west righi-of-way line, a distance of 84.19 £eet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1047.50 feet, a cent�•al angle of 2°49'48", and a long chord which bears North 09° 18'42" West, 51.73 feet; THENCE continuing along said proposed west right-of way line and along said tangent curve to the right an arc distance of 51,74 feet to a poznt for corner; THENCE South 89°09'S7" 'VVest, leaving said proposed west right-of way line, a distance of 16.12 feet to a point for the POINT OF BEGINNING; THENCE South 89°09'S7" West, a distance of 96.69 feet to a point for corner, said point being in fihe noith line of said Lot 2, and being in the south line of Lot 1, Solar Way Addition as xecoxded in Cabinet B, Page 196, Plat Recoxds, Denton County, Texas and being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas, being a common line; THENCE North 70°54'S4" East, along said common line, a distance of 9834 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1063.50 feet and a central angle of 1°40'07", and a long chord which bears South 06°57'20" East, 30.97 feet; THENCE leaving said common line and along said non-tangent curve to the left an arc distance of 30.97 feet to the POINT OF BEGINNING and CONTAINING 1,487 square feet, 0.03 acres of land, more or less. s:llegallour documentslcontracts1121watts slope easement.doc ATTACHMENT 5 TO PURCHASE AGREEMENT 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. SLOPE EASEMENT THE STATE OF TEXAS, . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine 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 and sufficiency 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 slope 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 O.S. Brewster Survey, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining lateral slope 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 lateral slope features or any part thereof. This Easement is subject to the following covenants and agreements: 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. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Properry by Grantor that may impair, damage or destroy the lateral slope, including without limitation, excavation or movement of soil or other rnaterial. 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 encroach or 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 covenants and restrictions contained herein, to malce use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants rurming with the land and sha11 be binding upon the Grantor and Grantee, and their heirs, devisees, 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 , 2012. 2 Grantor: gy: Date: , 2412. Christopher M. Watts ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Christopher M. Watts. Notary Public, in and for the State of Texas My Commission Expires: 2012, by Accepted this day of , 2012, for the City of Denton, Texas (Ordinance No. 2012- ). : 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 PAGE 1 OF 2 �r��`j �z`� � ; � �')� �,��"' I ° �C� �� LO7 1 � o � � JEAN M.G. TUNNELIL & W ��`� �� AGNES H. ROGEF}S o �" VOL. 994, PG, S52 � �.�ii�d �'1� D.R.�,C.T. I a �� • ��+�� N NB9'09447"E I Oti�s6 13. �l P� �'9 � . 0�-Pp, W0' Q �''( 11 5 CpOP p,. � / N29'55' 41"W 36.72' POINT OF � � � , � � ; � � � � �, �� i � � � �, ` � I � i ; � BEGINNING J � � � �� , , seo•z��ea°w � w ; ; ss.00� i w , , � rn � � � � � � � 2216 5. BONNIE BRAE ti � � LOT 2 � ' � ; CHRISTOPHER M. WA7T5 1 a � ; VOL. 5402, PG. 2398 � .; � D.R.D.C.T, �..-� � � so �� C��.� �q , yy �� . �; EXHIBIT "A" - Page 1,Qf 2 to Slope Easement `��,�• ��a �l� � d'y�� ?� o �� : �� -A= 1.'44'42" nF;. R=1063.50' �''°�� T=16.20' L=32.39' Cb�S08'39'45 E Lc=32.39' 2324 HIGHLAN� PARK R� MILTDN 8. CLEARMAN 6 A= 1'ii'30" SPOUSE, ANITA A. CLEARMAN Ha1047.50' VOL. 4437, PG. 2213 T-l0.89' O.R.D.C.T. L=21.79' • Ch=N]0'07'51"W 'Lc=2�.79' � / � �� ' � `'''� ,``� � � � ��- - / I �_� � � . ' -- '\ • � __1__- / o` �� ^°-- �� 1� �N � � � o � �� / 1 n � � � .� ` � :'� � s '�� /' �� l 16 l � l �.� ��\\ I , ti �ti� ti � � f � � , o � ; - �z ; ; J �; � " r ' �� ; ti p --- — -- — - � I� � � POINT -0�-- -� - -- � � ; COMMENCING ; _ � FND !/2" I.R W I �Q� m �. Q � , ,�� 2220 S. BONNIE BRAE ' � LO7 3A i : JOHN P. OANSBY � E � VDL. 1554, PG. 969 U] ; D.R.D.C.T. ;� �I iW ;I ! �� ,r� I�_�.._____..�_l.l��----IVARIABL6 WTdTJil�a � W_� _._.__ E� �� Fo �� w~ O � Qi�w �+ m a�a H ¢ a Z � � � � f— HARLAN PROPER7IE5, INC. VOL. 4704, PG. 1297 o.R.o.c.T. 6A5IS OF BEARTNG IS NORTH AM�RTCAN DATUM OF 1983 (NAD-83) STATE PLANE CODRDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 24—SE—i BEING A 213 SQ.FT./0.00 ACRE SLOPE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT N0. 56 DENT�N COUNTY, TEXAS � Graham Associates,lnc. ■ CaNSULTING ENGINEERS dc PLANNERS eoo s�x Fv,os oRivE, svi� 600 ARIJNcTON, 7D�A5 76ot7 (81� 6�9935 7BPE FlRM: F-1/01/T9PLS FIR 101638-00 n SCALE: 1 "= 60' DAiE: JULY 2011 J/Denton/P24-SE-i Page2of2 P.ARCEL 24-5E-1 LEGAL DESCRIPTION SLOPE EASEMENT EXHIBIT "A" - Page 2 of 2 BEING a 213 square foot t��act of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and being the northeast corner of Lot 3A of said Solar Way Addition, and being oonveyed to John Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.�.W.); THENCE North 00°17'S4" East, along said existing west right-of way line, a distance of 70.20 feet to a point for corner, said point being in the praposed west right-af way line of Bonnie Brae Street (having a variable width R.O.W.); TT3ENCE North 10°43'36" West, leaving said existing west right-of-way line and along said proposed west right-of-way line, a distanca of 84.19 feet to a point for corner, for the beginning of a tangent curve to the righi having a radius of 1047.50 feet and a central angle of 1°11'30" and a long chord which bears North 10°07'S1" West, 21.79 feet; THENCE continuing along said proposed west right-of-way lina and along said tangent curve to the right an arc distance of 21.79 feet to a point for corner; THENCE South 80°27'S4" West, leaving said proposed west right�of-way line, a distance of 16.00 feet to a point for the POINT OF BEGINNING; TI�NCE North 29°55'41" West, a distance of 36.72 feet to a point for corner; THENCE North 89°09'S7" East, a distance of 13.44 feat to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1063.50 feet and a central angle of 1°44'42" and a long chord which bears South O8°39'45" East, 32.39 feet; THENCE along said non-tangent curve to the left an arc distance of 32.39 feet to a point for the POINT �F BEGINNING and CONTAINTNG 213 square feet, 0.00 acres of land, more or less. s:llegallour documentslcontracts\121watts tce.doc ATTACHMENT 6 TO PURCHASE AGREEMENT 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, , COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine 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 and sufficiency 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 O. S. Brewster, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", 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, may 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, over 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, over 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 "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2) years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) December 31, 2015, 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 , 2012. Grantor: By: Date: , 2012. Christopher M. Watts ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on Christopher M. Watts. 2012, by Notary Public, in and for the State of Texas My Commission Expires: Fa Accepted this day of , 2012, for the City of Denton, Texas (Ordinance No. 2012-�. I: Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson PAGE 1 OF 2 �"�� &�� ` �� ,- � �' �� 1�� ..,�` �' / 2216 5. BONNIE BRAE 1.0T 2 CHRISTOPH�R M. WATTS VOL. 5102, PG. 2398 o.�.o.c.T. N88 '43' 66.� r "` �,..— �� i � ; � , � � � � � ��;, �; �� 3 � �O �� , ,_ �� O IH �3 � Iw 0� �'�- ! R � i � H� � �' � � ; i L � ti "' /i ,� i . i � � ' �, l i � �i i � � ; � . , � , , , � . i � i I 1 , Z :� H i J � �r 1w � >. ¢ �� ,� � �� wX N�1'16'52"W �' 50. 18' ti` � � � CO , � � � , ; � , � SB6 '33' 56"W 75. A-1= — _� I ; — - , , � , Po�NT -o� = -...._ ; ; BEGYNNING ; ; , see•ss�ss~w �; � 2.61' `� � � . � , i � i , 2220 5. BONNIE BRAE � ; . L9T 3A � JoHN p. �ANSBY i , VOL. 1554, PG, 969 � � D.R.D.C.T. i ;I � , � , EXHIBIT "A" - Page 1 of 2 to Temporary Construction, Grading and Access Easement . ��.. ��,� � ��,��< ��'��C:p �� `��` ��J � 2324 HIGHLANO PARK Fq MILTON B. CLEARMAN 5 SPOUSE, ANITA A. CLEAFMAN � VOL. 4437, PG. 2213 o,a,o.c.r. / 1 / �' �� •,� / r `^ .+ ` � �. � � /'+~ �^� \ / � ' `�� \\�_,!� r � � �'�6��-�'-'' � rr-`�--r....,/_-"-'--- �-_----_--�11�,,____(VARIABLE WIDT�i��i3O W-)----•-- OINT OF M�NCING D 1/2" I.R Ei W Wa^ E# q�a �� O s �wJ m a �1 ¢ � Y � � � � � HARLAN PROPERTIES, INC. VOL. 4704, PG. 1297 O.R,D,C.T. BASIS OF BEAAING I5 NORTH AMERICAN DATUM OF 1983 {NAD-83) STATE PLANE COOADINA7E SYSTEM, TEXAS NORTH CENTRAL. PARCEL 24—TCE-1 BEING A � 3,549 SQ.FT./0.08 ACRE TEMPORARY. CON5TRUCTION EASEMENT SITUATED .IN THE O.S. BREWSTER SURVEY ABSTRACT N0. 5fi DENTON COUNTY, TEXAS � Graham Associates,lnc. Q CONSULTING ENGINEERS �t PLANNERS epo s�x Fucs ortroE, sui� eoo ARUNGTON, 7E1fA5.76017 (81» 84o-8535 7BPE FlRM: F-11Y1/'iBPLS FIRM� 10163E-00 n SCALE: 1 "= 60' DATE: JULY 2011 J/�enton/P24-TCE-1 Page 2 of 2 EXHIB�T "A" - Page 2 of 2 PARCEL 24-TCE-1 LEGAL DESCR.IPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0,08 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner o� said Lot 2, and being the northeast co��ner of Lot 3A, Solar Way Addition, as recorded in Cabinet H, Page 44, Plat Records, Denton Cown.ty, Texas, being a common line, and being in the existing west right-of=�vay line of Bonnie Brae S�reet (having a variable width R.O.W.); THENCE South 8$°33'S6" West, leaving said existing west right-of way line and along . common line, a distance of 2.61 feet to a point for the POINT OF BEGINNING; THENCE South 88°33'S6" West, coniinuing along common line, a distance of 75.01 feet to a point for cornex; THENCE North O1°16'S2" West, leaving said common line, a distance of 50.18 feet to a point for corner; THENCE North 88°43'08" East, a distance of 66.69 feet to a point for corner; THENCE South 10°43'36" East, a distance of 50.67 feet to the POINT OF BEGINNING and CONTAINING 3,549 square feet, 0.08 acres of land, more or less. OZrZ��ZO�Tr � � Z W � � U a � � a N � O N i 3 L � L,L � U � �O L Q N �+ � � � � � � L Q � � i c� � � � � � x � a� � cn F— � � O � c� �' L � � mN0 � �� '� o � L � 0 � � maU