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2012-079s:llegallour documentslordinances1121dillard ordinance.doc ORDINANCE NO. 2OIZ-O79 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE AN EASEMENT ENCUMBERING AN APPROXIMATE 0.911 ACRE TRACT LOCATED 1N THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 1475, CITY OF DENTON, DENTON COUNTY, TEXAS AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY 1N THE 2500 BLOCK OF MCKINNEY STREET (THE "PROPERTY 1NTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING THE DENTON MUNICIPAL ELECTRIC DISTRIBUTION AND TR.ANSMISSION SYSTEM; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO GARY DENNIS DILLARD (THE "OWNER") TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF ONE HUNDRED THIRTY TWO THOUSAND N1NE HUNDRED EIGHTY THREE DOLLARS AND NO CENTS ($132,983.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE EASEMENT PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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 electric utility expansion and improvements to serve the public and citizens of the City of Denton, Texas. SECTION 2. The City Manager, or his designee, is hereby authorized to malce a formal offer to the Owner to purchase the Property Interests from the Owner and expend funds in accordance therewith. SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and on 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 $132,983.00 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. Page 1 s:llegal\our documentslordinances\12\dillard ordinance.doc 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 /''7t t day of , 2012 M A. U G�� AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 -> ; . . 4 i . i � ' � ': � � ; � rthu� Surveyir�g Co., InG. � ' �ro.t"�ssion�.Y La,zz�d Sux�e,�ors ' ' P.b. Box 54 �- Lewisville, Texas 75067 � , Offioe; �972) �21-9439 --- Fax: (972) 221-4'675 � � � � � EXHIBIT "A" , : 75' ELECTRIC EASEMENT � � ' � 0911 Ac�'e : � ; City of D�nton, Denton County, Texas BEING all�that certain lot,lxact or parcel of land situate of a actIof land desc b d deedt G�ry Dennia D tlard City of De�ton, Denton County; Texas, and b�mg a pa�t and wife, J�ymi Ch;is Dillard, recorded in Volume 11$8, Page 730 of the Deed �tecords,,Denton County, Texas' (]�.RD.C.T.) and b�ing mare particularly described as follows: ; BEGINNING at a�/2 in,ch iron rod found for recorded under County1Cl�erksFile Number 94-6$45 SOffical Public tract of lanii descriUed by deed to Staff Realty, Records, Denton County, Texas (O.P.R.D.C.T.), same point being in the west line of a#'act of land described by deed to Joan Cohaffien,,Trustee of th� Joan Cohagen Living Trust, recorded under InstrumentNumber 2005-69429; O;P.RD.Q.T.; ' ' THENCE; South 89 de�'ees 27 minutes 42 s�conds West, with the south line of said Dilla�rd txact and the north line of said Sta;ff Realty, tract for a distance of 75.04 feet t4 a point for corner; . T�iENCENorth 0;1 degrees 16 minutes 53�d Dilla d tract and the wetline o Dill�a d of land described in deeds to feet to a pbint for Gorner in an east lme of s Bobby R.1VlitchelL'and wife, Corine.Mitchell, recorded in Volume 419, Page 22 and Volume 473, Page 673, D.R.D.C.�'.; � � THENCE South 00 degrees 47 min,`utes 38 seconds West, with an east line of s:aid Dillard tract and the west,line of said Mitchell tract� for a distance of 24.76 fe�t to a point for an inner ell corner of said:Dillard tract and.the s�uthwest corner of said Mitchell tract; ; THENCF� Nortli 89 degrees 50 miriutes 45 seconds �ast, with the south line of said Mitchell tract and a north line of s'aid Dillati'd tract for a distance of 74.81 feet to a poit►t for the southeast corner'of said Mitchell tract and the most easterly t�orkheast ;corner of said Dillard tract, same point being in the west line of said Cohagen tract; THENCE South O1 degrees lb minutes 53 seconds West, with the west line of said Cohagen tract and an east lirie of said Dillard tract for a distance af 528.84; feet to the POINT OF BEGINNING and conta'vung 0.911 acre of land, rnore or less. � � � � � Revised-10110�-69KV Rebuild Dillau�d ' ._._ ._:,..,.... ._ - � , � . / _ ._ _ � ;:;, _ ��:�:�:nr.���.�:. EXHIBIT "B" To Ordinance Easement Purchase Agreement NOTICE YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOV�, HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated � �/� , 2012, between Gary Dennis Dillard (the "Owner") and the City of Denton, Texas ("City") WITNESSETH: WHEREAS, Gary Dennis Dillard is the Owner of a tract of land (the "Land") in the M.E.P. & P.R.R. _Survey, Abstract Number 1475, Denton County, Texas being affected by the public improvement Project called the Spencer Transmission Line Project ("Project"); and WHEREAS, City is in need of certain easements in, along, over, upon, under and across the tract of land described above related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary easements 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. At Closing, the Owner shall grant, execute, and deliver to the City an easement in, along, over, upon, under and across the tract of land being described in Exhibit "A", and depicted in Exhibit "B", respectively (the "Easement Lands"), to that certain Electric Utility Easement attached hereto as Attachrnent 1 and made part hereof, for electric utility purposes, as more particularly described therein (the "Easement"). The Easement shall be in the form as attached hereto and incorporated herein as "Attachment 1". 2. As consideration for the granting of the Easement, the City sha11 pay to Owner at Closing the sum of One Hundred Thirty Two Thousand Nine Hundred Eighty Three and no/100 Dollars ($132,983.00) as compensation for the Easement. The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property 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 lcind located within the Easement Lands related to activities conducted pursuant to the Easement, interference with Owner's activities on the Easement Lands or other property interests of Owner caused by or related to activities related to the Easement, whether accruing now or hereafter, and Owner hereby releases for himself, his heirs, devisees, successors and assigns, City, it's officers, 2 employees, elected officials, agents and contractors from and against any and all claims they may have now or in the future, related to the herein described matters, events and/or damages. 4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525 South Loop 288, Suite #125, Denton, Texas 76205-4515 ("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"). The Owner shall convey the Easement free and clear of all debts, liens and encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of the Encumbrances and other curative efforts affecting the Easement, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 10, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (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 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. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. All other typical customary and standard closing costs 3 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. 6. The date on which this Agreement is executed by the Owner shall be the `Bffective Date" of this Agreement. 7. 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 such 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 or termination of this Agreement. 8. 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 his 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. 9. THE LAWS OF THE STATE OF TEXA5 SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 4 10. From and after the date of execution of this Agreement by Owner to the date of Closing, Owner sha11 not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the Easement Lands after the date of Closing. 11. Any notices prescribed or allowed hereunder to Owner and/or City shall be in writing and, except as otherwise provided herein, 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: OWNER: Phone 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) 382-7923 5 12. 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. 13. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Easement. 14. Authority to take any actions that are to be, or may be, taken by Buyer under this Agreement, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General Manager, Electric Administration of Buyer, or his designee. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Easement Lands, City may, at its election, terminate this Agreement at any time prior to Closing. 16. If the Closing Date or day of performance of any act required or permitted hereunder falls on a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case may be, shall be the next following regular business day. 0 CITY OF DENTON, TEXAS C GEORGE C. CAl City MANAGER Date: �,Dl"/ f /, �, 2012 ATTEST: JENNIFER WAL BY: Date: /7`�Y� , Cc �;� CITY SECRETARY ►�II�►a APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: C� � Date: ���'� �v , 2012 �� 7 �! � �Z Owner: Gary Dennis Dillard : Date: , 2012 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources Attn: Virginia Kubiak 525 South Loop 288, Suite #125 Denton, Texas 76205-4515 Telephone: (940) 898-0121 Telecopy: (940) 391-6505 : Printed Name: Title: Contract receipt date: , 2012 0 ATTACHMENT 1 TO EASEMENT 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 ELECTRIC UTILITY EASEMENT § § KNOW ALL MEN BY THESE PRESENTS: § THAT, Gary Dennis Dennis Dillard (the "GRANTOR"), for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold, and conveyed and by these presents does grant, sell and convey unto the GRANTEE perpetual, exclusive and unobstructed easements and rights of way (collectively, the "EASEMENT") for the purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or above ground electric transmission and electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components (collectively referred to herein as the "FACILITIES"), in, on, over, under and across that certain real property situated in Denton County, Texas, being approximately 0.911 acres and being more particularly described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY") GRANTEE sha11 have the right of ingress, egress and regress in, on, over, under and across the EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve, reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to time find necessary, convenient or desirable, along with all rights necessary or convenient for full use and enjoyment of the above grant, including access over, across and upon the EASEMENT PROPERTY. GRANTEE shall have the right to trim or remove trees or shrubbery within said EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to prevent possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water within, over andJor across the EASEMENT PROPERTY without prior written consent of GRANTEE. GR.ANTOR, for himself, his heirs, devisees, successors and assigns, subject to the terms herein, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the exercise of GRANTEE's rights hereunder. GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude all other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however, the EASEMENT is nonexclusive as to GR.ANTOR' S right to use the EASEMENT PROPERTY in accordance with the terms hereof. Upon written consent of GRANTEE, such consent to be exercised at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require GR.ANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion of GRANTEE. 2 GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or remove trees as provided herein, together with the right to install gates in existing fences within such EASEMENT PROPERTY. GR.ANTOR represents and warrants to GRANTEE that as of the execution date hereof, no buildings, structures, signs, obstructions or other facilities or improvements of any lcind ("iJNPERMITTED STRUCTiJRES") exist on the EASEMENT PROPERTY. GRANTOR shall not construct, and GR.ANTEE shall have the right to prevent the construction of, iJNPERMITTED STRUCTURES on the EASEMENT PROPERTY and if any iJNPERMITTED STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same and GRANTOR agrees to pay to GR.ANTEE the reasonable actual costs of such removal. The EASEMENT shall constitute a covenant running with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and their heirs, devisees, successors, and assigns. TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described EASEMENT unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part hereof, by, through, or under GR.ANTOR, and not otherwise. WITNESS THE EXECUTION HEREOF as the _ day of , 2012. GRANTOR: Gary Dennis Dillard 3 THE STATE OF •.K�1/1�M11•L�l�l � � This instrument was acknowledged before me on , Gary Dennis Dillard. Accepted this (Ordinance No. 2012-�. By: Paul Williamson Real Estate Manager day of AFTER RECORDING RETURN TO: City of Denton — Engineering Department Real Estate and Capital Support 901-A Texas Street, 2"d Floor Denton, Texas 76209 Attn: Paul Williamson s:llegallour documentslcontracts\121dillazd electric utility easement.doc � Notary Public, State of Texas My commission expires: 2012, by 2012, for the City of Denton, Texas � I � *. . y. I � . ^ � i i ;; � rthur Surveying Co.; I nG. ' �rofessiois�Y ��� S�'�eyoxs ' p.b. Box 54 � Lewisville, Texas 75067 Offce; (972) �21-9439 --� Fax: (972) 221-4'675 : � � � � EX�IIBIT "A" � � � 75' ELECT�2IC EASEMENT � � 0.911 Acr.e � City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of l�nd situated in the M.E.P. & P.R.R: Survey; Abstract Number 1475, City of De$ton, Denton County, Texas, and b�ing a paX'tof a tract af land described by deed to Gz�ry Derinis Dillard; and wife, J�ymi Ch;is Dillarcl, recorded in Volume 1188, Page 730 of the Deed tZecords,.Denton County, Texas (D.R.D.C.T.) and being more particularly described as follows: ; B�GINNING at a�/2 inch iron rod found for a southeast corner of said Dillard tract an.d the northeast corner of a tract of land described by deed to Staff Realty, recorded under County Clerk's File Number 94-6$45, Off'icial Public Re.cords, Denton County, Texas (O.P.R.D.C.T.), same point being in tt►e west line of a tt�act of land described by deed to Joan Cohagen, Trustee of th� Joan Cohagen Living Trust, recorded under InsirumentNumber 2005-69429, O:P.R.D.C.T.; , , THENCE; South 89 degrees 27 minutes 42 s�conds West, with the south line of said Dil�ard iract and the north line of said Sta;ff Itealty tract for a distance of 75.04 feet tb a point for corner; ; T�IENCE'North 0;1 degrees 16 minutes 53 seconds East, over and across said Dillard tract for a distance of 554.10 feet to a point for Gorner in an east line of said Dillard tract and the west line of a tract of land described in deeds to Bobby R. TvIitchell; and wife, Corine Mitchell, recorded in Valume 419, Page 22 and Volume 473, Page 673, D.R.D.C.�'.; , � THENCE South 00 degrees 47 min��tes 38 seconds West, with an east line of said Dillard tract and the west line of s�id Mitchell tract� for a distance of,24.76 fe�t to a point for an inner ell corner of said Dillard fraet and.the s�uthwest corner of said Mitchell tract; THENCF� Nortfi S9 degrees 50 miriutes 45 seconds East, with the south line of said Mitchell tract and a north line of said DillaX'd tract for a distance of 74.81 feet'to a point for the southeast corner'of said Mitchell tract and the most easterly t�ortheast jcorner of said Dillard tract, same p'oint being in the west line of said Cohagen tract; THENC� South O] degrees 16 minutes 53 seconds West, with the west line of sfiid Cohagen tract and an east line of said Dillard tract for a distance of 528.84feet to the POINT OF BEGINiVING and containing 0.911 acre of land, more or less. � I � � : � Revi'sed-10110�-69KV Rebuild Dill�rd , . / , i,•. �� ���w���s�b � � , , �..: ,. _ , .,. , .. .. .� . _ .:._ � � . - i �� �eG � ; ; �7��� � : : , ������,r 1 Bearinga ehown hereon aze 6ased ou the City of I�entou QIS!natwork. ; 200 0 `100 ``200 400 �'� � , , , �'\` : � wid�Ro�yj �.�',�' 4' sca,�: i° aaoa, � : , ,�6 ��` ' N7��7?8 . TxDot Mon. ; _ 1585 , K! Found s 5/8 I.R.F. ��3 ` N)2. N7?3f;i � (C.M.) Eos th ��ne (C.M.) i `�` 169L?S �Y 7'9,yCSP� w Vo/y�e �� sf o rp0. � � `= � 1 � � ' a� ,�`r Court M/ �f�s,9e 'g66 aq�9xD°f y�'o R.L. T on � Viola �on3J8 � ; ; ' ' ' o �� � � .`�^_.` �e�ton C°u �y�� SS . Vol. 918, ; ; �.�e ;� ; I �2�;r � � � � -'�` , ��, ; ;�a�' �� ' ; 3 z� � � ,� ' � - � � -� �.,.� o • � � �s� ���� � ,� '�. , ���t Bobb� R. M1tchel1 � � � �O� G'�, � � • Conne Mltchel1 ,�� ; --� 0.9ll Acre Vol. 419, Pg. 22 & �';,pc�''�, ' � � Vol. 473, Pg. 673 ` �:. � � : ' I.I R� I; ; Joan Cohaqen, TCUStee of • � $ The Joan Gohagen . Living Tryst , ; ; ; w� O � � ; Instrum'ent No. 2005-69429 Gerard Roland Vela & � I � d' (.,�� �0 e Emma, Lamar :Vela , � �I (p � Volume 3225, Page 252 ( � I� N ��'���� � ` � � � ' ' ; � p'k`\�pta (n OS�'� �� ; � I ,.ot���yy �� 1�� �o���'� . , � j�p<�,��; $8,er�, - P.o.H. , i �° 1� , , � �o\• , -- ----r------�------� ' -- fRF., ---- , � � � 30' Electrib Easemen Q � Volume 479, Page 57 �--""� � � (to be abondoned) S01'i6'53"W i ; Staff :Realty I I s1.4e' ; Caunty, Clerk's : � ; : � File No. '94-6845 `� �� � � � ; ; ,� 4z o , ti� I ; .� ��, � I � � I �Q�.�:� . EXHIBIT ";B" ; 75' �Electri�c : : Ea�ement: 0. �11 �cre in �he 11�.E.F�. & ; P.R.R. S�tx�vey, � Abstrac� No. 1475 in, the Cit� of Denton, Denton �ounty, Texas , -- 20> > - : �►y� �,��� : � , . S88'16'18"E , 720.62' ------�--=---------� 1" lron The Juanita M. Ellis P�pe Found Revocabfe Llving Trust (C;M.) Instrument No. '20tl6-57509 LINE TABLE Ll �589°27'42"W 75.04' L2 �500°47'38"W 24.76' L3 ;N89°50'45"E 74.81' rthur Surveying Co., Inc�. ���ion� �a s�rny+�� P.O,Bog 64 — Le�rlaville, Teaas 7fi087 OPfice: (972) 221-9439 Faz: (972) 221-4876. Eatatbliahed 1986