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2012-093s:Uegal\our documentslordinances\I2lrogers-tunnell acquisition ordinance.doc ORDINANCE NO. 2412-093 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 0.08 ACRE TRACT; (II) A UTILITY AND DRAINAGE EASEMENT ENCUMBERING A 0.04 ACRE TRACT; AND (III) A DRAINAGE EASEMENT ENCUMBERING A 0.27 ACRE TRACT, ALL 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 1N THE 2200 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BR.AE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO AGNES H. ROGERS AND JEAN M.G. TUNNELL, FORMERLY KNOWN AS JEAN M. GOODSON (COLLECTIVELY, THE "OWNER") TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF THREE THOUSAND NINE HUNDRED SEVENTEEN DOLLARS AND NO CENTS ($3,917.00), 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 City 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 (a) 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 $3,917.00 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; and (b) to malce expenditures in accordance with the terms of 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. approval. PASSED AND APPROVED this the � day of This ordinance shall become effective immediately upon its passage and MARK ATTEST: JENIVIFER WALTERS, CITY SECRETARY : AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2012. MAYOR F'AGE 1 DF 2 Nee •ao � os°� - RUBERT W, JONES, JR 35. 44 � VOL, 773, PG. 55 ❑.R.D.C.T. SET i/2" T.R� W/GAT CAP 3 0 � LOT 1 n JEAN M.G. TUNNELL 6 C AGNES H. ROGERS � VDL. 994, P6. 652 • g o.R.o.c.r. n= s •56 � a2 ° --� R=1047.50' T°'�J'4 . 29 �, SET i/2" I. R— L=109.48 W/GAI CAP Cp=NO2'57' 1D"W Lc=108.44' P��11 6 PP W� pG.� , 570314034 �� W S��pOQ A �' ,�� 1,N ��• / ��,�' ��a �� ,��:� �. - ��;� �� C�� i r ��, ��C�� k y s�< q cA°9 `�9r . y 9�^ 22l6 5. BONNIE BRAE LOT 2 CHRISTOPHER M. WATT5 VOL. 5102, PG. 2398 D.p.D.C.T. EXHIBIT "A" - to Ordinance (Property Interests) �' �4 �, y �� i 4 � � � ; i i z � H � � � � � � •. 4` W O l � o , � � N � i W � v ' � ' n � w 0 Z � _� r,..� �o ��, � _.� 4 /�..•�' 'x // � �o POINT OF � �� I � �' �'J COMMENCING �� FND 1/2" IfR •� la .., .� i ��> 2220 S. BONNEE-BRAE-- •— — --• � � LOT 3A JOHN P. DANSBY VOL. 1554, PG. 9&� -- � D.R.D.C.T. ' ` W� � � � ; .; ti , ; ; i I � o•i�'54°w 98.97' P INT OF �'� ��-��,�,�� 3 GINNING �j�� „ V��{�i ° ,�� 4�C�-� ,� >j ,5�� `��`�' �. � ��1 �0 1 A�' Q �� O � a" 3 ��J �+ m Pi a H 4 � ��->-__.... } • rn� � �r , � W � �z i H i J �� 'w i � �� i � � � U� 2324 HIGHLAND PARK RD MILTON B. CLEARMAN & SPOUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 o.a.o.c.T. : � ,� � �' `' -.. / � � ._ � � '� •.. i // �/ ~�� f r� � � -- ___ ;_(��1��98LE_ WIOTH R: 0_ W_ ) �� ' BASIS OF BEARING IS NDRTH AMERICAN DATUM �F 1883 (NAD-83} STATE PLANE CODRDINATE 5YSTEM, TEXAS NORTH CENTRAL. � FARCEL 23-ROW-1 BEING A 3,471 SQ.FT./0.08 ACRE RIGHT-OF-WAY DEDICATION SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT N0. 56 DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((" CaNSULTING ENGINEERS �C PLANNERS eao six rucs uRivE. sui� soo t�al ,�UN�� s 7eo17 (81� e�e535 76PE FlRM: F-11�1/7BPL5 �IR#17 701638-00 n SCALE: 1 °= so � DA7E: AUGUST 2a11 J/Denton/P23-ROW-i Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 23-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION 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 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 & Agnes H. Rogers, as recorded in Volume 994, Page 652, 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 Lot 2, and the northeast corner of Lot 3A, Solar Way Addition, as recorded Cabinet H, Page 44, Plat Records, Denion 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 250.00 feet to point, for the POINT OF BEGINNING, said point being the southeast corner of said Lot 1, and the northeast corner of said Lot 2, So1ar Way Addition, being a cornmon line; THENCE South 70°54'S4" West, leaving said existing west right-of way line and along said common line, a distance of 31.03 feet ta a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a non-tangent curve to the right having a radius oi 1047.50 feet and a central angle of 5°56'02", and a long chord which bears North 02°57'10" West, 108.44 feet, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE leaving said common line, along said proposed west right-of-way Iine and along said non-tangent curve to the righi an arc distance of 108.48 feet to a set 1/2 inch iron rod with GAI cap for coxner, said point being in the north line of said Lot 1, and also bein.g in the south line of a tract of land conveyed to Robert W, Jones, Jr, as recorded in Volurrze 773, Page 55, Deed Records, Denton County, Texas, being a common line; THENCE North 88°40'03" East, leaving said proposed west right-of-way line and along said common line, a distance of 35.44 feet to a point for corner, said point being iun the existing west right-of-way line of said Bonnie Brae Street; THENCE South 00°17'S4" West, leaving said common line and along said e�cisting west right-of-way line, a distance of 98.97 feet to the POINT OF BEGINNING and CONTAINING 3,471 square feet, 0.08 acres of land, more or less. ds-i7 - ��« PAGE 1 DF 9 AOBERT W. JONES, JR VOL. 773, PG, 55 o.a.a.c.T. N8g'40'03"E 16.00' ��. — �— LO7 1 JEAN M.G. TUNNELL 6 AGNES H, pOGERS VOL. 994, PG. 652 D.R.D.C.T. A= 6'06'54" R=1063.50' T=56.B1' L=119.5i' Cb=NO3'03'49"W Lc=113.46' A�� 6 P� G • y�4p0 �A � C �/ G p. / / ' r�,�� •lJ�� ,n c . ��. �� `��, v�� CCD� h� �� z�''� rr 570'54'54"W 16.43' e= a •48'26" R=1047.50' T=43.97' L=87.B8' Cb=NOB'!9'23"W Lc=B7.86' �'�)° ::�' 2216 S.LB�ON2IE BRAE ��"'4 � CHRISTOPHER M. WATTS VOL. 5]02, PG. 2398 D.R.�.C.T. S�� -4 cA9 �Ar 'O� EXHIBIT "A" - to Ordinance (Property Interests) /r,..+' � � /�...� / � / POTNT OF � :� COMMEN'CING FND 1/2" i�f� � � .-•., .�i 2220 5. BONNI�FBRAE-- -- - - - LOT 3A JOHN P, oAN58Y , < <_ VOL. 1554, 1�G. 9S� J D.R.D.C.T. i� i; y � � L7 ;� �` ; � ! � � � � � � i � � � i � � � i � � � H' w ��` �`. � i3 ;o .. �¢' � iF- i 0 �3 � y„ � o�i �� i � �= 5 '56' 02" R=1047.50' 7=54.29' L=108.48' CI7�S02'57' 10"E L�=108.44' � y Wr!�7 .-. �j 3 4 ti �'� � } A�¢ 1 � � W�� o � Q H f � , � o� J , ; �+ m � pr� a � L~ ; ¢ rt, a � z� , ^� � :� y l w 1z � H ; J � �r �> � a �� i UJ � /,��'�,;�7 `Cl�` �\fF: , , �`�T� � �� ;� CC`!° ��a�G�`�v �°S';,.�� R��3 �� f > > �" ;,y..,�'^�' ' � 2324 HIGHIAN� PARK RO MILTON B. CLEAAMAN 6 SPOUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 n.R.O.C.T. -�' � `` �� .� � �f � � / �" - -•-. / � � '•- �, � � � / � "'+"Wrr_" _"`_'�_'"_�' __,_____ (VARI��LE WI�TH R.O.W_) fr � f � BASIS OF BEARING IS NORTH AMERICAN QATUM OF 9989 (NA�-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CEN7RAL. PARCEL 23—UDE-1 BEING A . 1,776 SQ.FT./0.04 ACRE UTILITY & DRAINAGE EASEMENT SITUATED IN THE �.5. BREWSTER SURVEY ABSTRACT N0. 5fi DENTON COUNTY, TEXAS .^ Graham Assaciates,lnc. CONSULTING ENGINEERS dc PLANNERS \LJ 1 800 SIX FlAC6 DRIVE, SUI7E 6D0 �� auNCtroN, 'r�x�.s �eott (at�) e�o–e�s iHPE FlRM: F-7191/1BP15 FlRM:,101b3B-00 n SCALE: 1 "= 60 ' bATE: AUGUST 2011 J/Denton/P23-UOE-i Page 2 of 3 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 23-UDE-1 LEGAL DESCRIPTION UTILTTY & DRAINAGE EASEMENT BEING a 0.04 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion 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 & Agnes H. Rogers, as recorded in Volurne 994, Page 652, 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 Lot 2, and the northeast corner of Lot 3A, Solar Way Addition, as recorded Cabinet H, Page 44, Plat 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 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-vvay line, a distance of 84.19 feet to a point for corner, for the begiru�ing of a non-tangent curve to the right having a radius of 1047,50 feet and a cantral angle of 4°48'26", and a long chord which bears North OS°19'23" West, 87.86 feet; THENCE� continuing along said proposed west right-of way line and along said non- tangent curve to the right an arc distance of 87.88 feet to a point for the POINT �F BEGINNING, said point being in the south line of said Lot 1, and in the north line of said Lot 2, Solar Way Addition, being a comnnon line; THENCE South 70°54'S4" West, leaving said proposed west right-of-way line and along said common line, a distance of 16,43 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 6°06'S4", and a long chord which bears North 03°03'49" West, 113.45 feet; THENCE leaving said common line and along said non-tangent curve to the right an arc distance of 113.51 feet to a point for corner, said point being in the north line of said Lot 1, and also being in the south line of a tract of land conveyed to Robert W, Jones, Jr, as recorded in Volume 773, Page 55, Deed Records, Denton County, Texas, being a commnon 1ine; EXHIBIT "A" - to Ordinance (Property Interests) Page 3 of 3 THENCE North 88°40'03" East, along said commor� line, a distance of 16.00 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 5°56'02", and a long chord which bears South 02°S7'10" East, 108.44 feet, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE along said proposed west right-of-way line and along said non-tangent curve to the left an arc distance of 108.48 feet to a the POINT OF BEGINNING and CONTAINING 1,776 square feet, 0.04 acres of land, more or less. PAGE 1 DF 2 ROBERT W. JONES, JR VDL. 773, PG. 55 D.R.�.C.T. LOT 1 JEAN M.G. TUNNELL & AGNES H. ROGERS VDL. 994, PG. 652. D.R.D.C.T. P��I �96� WP� P�'�( . y�GpO• P.�'C' / P' � / ' .� m� v� � �I ml a �I 0 0 Z �'�� !�} ��j' �t�° a' �y' �� i N88'40'03"E 88.98; gA' ; gs. A� �A`� � $��•`J 401r1T1�1�G $��1� A� A'4B'26" � i � � � 0 Q EXHIBIT "A" - to Ordinance (Property Interests R=1047.50 4 7=43.97' L=97.88' � Cb=N08'19'23"W y Lc=87.66' 41 � i � i1 1 � �� bp 2216 S. BONNI� BRAE � � �}�� •9 �or 2 1 D 1��j " � CHRISTOPHER M. WA77S VOL. 5102, PG. 2398 + � � �•s� ❑,R.D.C.T. , F.'�o f.7,Z�t f� V �i,JlO � � so� cA�9 y�r 9�^ /// ��`i! � � POINT OF � �, 1�� COMMENCING � FND 1/2" I.F�` � , ,�' �i 2220 5. BaNNi�-BpA�- — — -_ — LOT 3A JOHN P. DANSBY � _. __ VOL. l554, 7�G. 9B9`� D.R.D.C.T. i� i�` y . ;+ ti i �ti i � � ; � 4� � 1 I � I I � I � � � , �. ti '54 ' 54i�W ts.as�; � � � � •� � ; � i � � , , , i � i � � � , � i � Wi �� _�: �} � :o 'v -�� : �d � ;� n O� � �� , �� -- C / �; - .., �, � � � � A= 6'06'54" � R=1063.50' � T=56.91' ; L=�.13.51' ; Cb=S03'03'49"E �� o ; Lc=113.45' ,_. �,� � i � i w � �a Fo1 y A�a 1 � � W�F � � o � O H � � i ��J � a m , � a � H � ¢ a � � ^� � � � I l, ., 'w � ;Z H i --� � �r �w �> � � � �� N �•�:' r �;i �� tn `¢�r �� i�� .��;� s�^�A �s� ��i e 2324 HIGHLAND PARK F� MILTON B. CLEARMAN 6 SAOUSE, ANT7A A. CLEARMAN VDL. 4437, PG. 2213 D.R.D,C.T. �,// 1\ . � -_ � � � — ` � f' '` � / / �. / ,r _ ��ARK RUA� __._____ (VAsR��LE WIDTH R.0_W_i�f!_ _ _ � / � BASIS OF BEAAING I5 NORTH AMERICAN DATUM OF 1983 (NAD-B3) STATE PLANE CDORDINATE 5YS7EM, TEXAS NORTH CENTRAL. PARCEL 23—DE--1 BEIN.G A 11,626 SQ.FT./0.27 ACRE DRAINAGE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT N0. 56 DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((�� CONSULTING ENGINEERS dc PLANNERS eoo slx htincs nRrvE. su�TE aoo `��' ARUNa70N, IEXAS 7eo11 (81� eIa-8635 iHPE FlRM: F-1191/iBPLS FlRM7 101636-00 n sca��: 1 ° = so � DATE: AUGUST 2015 J/Oentbn/P23-�E--1 Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 23-DE-1 LEGAL DESCRIPTTON DRAINAGE EASEMENT BElNG a 0.27 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion o£Lot l, 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 & Agnes H. Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch i�ron xod, said point being the southeast corner of Lot 2, and the northeast corner of Lot 3A, Solar Way Addition, as recorded Cabinet H, Page 44, Plat Records, Denton County, Texas, and being in the existing west right-of-way lzne 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 Bonnia 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 non-tangent curve to the right having a radius of 1047.50 feet and a central angle of 4°48'26", and a long chord which bears North 08°19'23" West, 87.86 feet; THENCB continuing along said proposed west right-of-way line and along said non-tangent curve to the right an arc distance of 87,88 feet to a point for corner, said point baing in the south line of said Lot 1, and in the north line of said Lot 2, Solar Way Addition, being a common line; THENCE South 70°54'S4" West, leaving said proposed west right-of-way line and along said common line, a distance of 16.43 feet to a point for the POINT OP BEGINNING; THENCE South 70°54'S4" West, continuing along said common line, a distance of 98.34 feet to a point for corner; TH�NCE North 00°50'03" West, leaving said common line, a distance of 143.39 feet to a point for corner, said point being in the north line of said Lot 1, and also lieing in the south line of a tract of land conveyed to Robert W, Jones, Jr, as recorded in Volume 773, Page 55, Deed Records, Denton County, Texas, being a common l�ine; THENCE North 88°40'03" East, along said common line, a distance of 88.98 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 6°06'S4", and a long chord which bears South 03°03'49" East, 113.45 feet; THENCE leaving said common line and along said non-tangent curve to the left an arc distance of 113.51 feet to the POINT OF BEGINNING and CONTAINING 11,626 square feet, 0.27 acres of land, more or less. 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 ��(% � , 2012, but effective as of the date provided below, between Agnes H. Rogers and Jean M.G. Tunnell, formerly known as Jean M. Goodson (collectively referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Agnes H. Rogers and Jean M.G. Tunnell are 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 Street 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 and conditions associated with the purchase of the necessary real property interests for the Project; 1 NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. A. At Closing, the Owner shall 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 described in Exhibit "A" to that certain Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Utility and Drainage Easement (the "Utility and Drainage Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and drainage purposes, as more particularly described therein; and (iii) a Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Drainage Easement (the "Drainage Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for drainage purposes, as more particularly described therein (the Utility and Drainage Easement Lands and the Drainage 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 Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 2; and (iii) the Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 3" (the Utility and Drainage Easement and the Drainage 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 themselves, their 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, their heirs, devisees, successors and assigns, shall not have 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 and/or 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, 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 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 Three Thousand Nine Hundred and Seventeen and No/100 Dollars ($3,917.°°). The monetary compensation prescribed in this Section 2 is herein referred to as the "Tota1 Monetary Compensation". 3. In addition to the Total Monetary Compensation, and being a component part of the Project, 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 "Easement 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/or Easement Lands, 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 11, 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. Owner stipulates that the Total Monetary Compensation payment and the Easement 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, value of, 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 within the Easement Lands andlor Fee Lands related to activities conducted pursuant to the Easements or City ownership of the Fee Lands, interference with Owner's activities on the Easement Lands or other property interests of Owner, caused by or related to activities related to the Easements, whether accruing now or hereafter, and Owner hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's officers, 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. 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, 4 Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 90 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. 7. The stipulated Tota1 Monetary Compensation amount shall be paid by the City at Closing jointly 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 taxes 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 t�es 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 occurring prior to Closing) 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 shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 8. 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, or any of them, 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. B. In the event City shall default in the performance of any covenant or term provided herein, and such default sha11 be continuing after ten (10) days written notice of default and opportunity 5 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 1N 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; or (ii) enter into any Agreement that will be binding upon the Fee Lands or Easement Lands or upon the Owner with respect to the Fee Lands or Easement Lands after the date of Closing. 12. Any notices prescribed or allowed hereunder to Owner or City 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: C�]�� CITY: Agnes H. Rogers City of Denton Paul Williamson 212 Solax Way Real Estate and Capital Support Denton, TX 76207-2204 901-A Texas Street Phone Denton, Texas 76209 Telecopy: Telecopy: (940) 349-8951 Jean M.G. Tunnell 212 Solar Way Denton, TX 76207-2204 Phone Telecopy: 0 Copies to: For Owner: For Citv: Telecopy: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 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. Owners each represent and warrant to the City that they either are unmarried persons, or if married, (i) the Property comprises no part of the homestead of Owner and spouse; 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. 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 talcing of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. 17. Authority to take any actions that are to be, or may be, taken by City under this Agreement and/or Easements, 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. 7 CITY OF DENTON, TEXAS By: �--� GEORG C. CAMPBELL, CITY MANAGER Date: , 2012 . , � I � ; - � �i t i�/ �� . _ ■ �-:�- . � � i I / J � • / / Date: �/!,[�% � �O , 2012 � � • : : - 0 - "C '� ' ` � � ` i � ' Ij-1 � � ��' � �� i � %� � �� ` s �l � �i � � . �,� ,; , r � , . .�.r_ . � _. _I � .. �.�., � / OWNER: 1 l, � , � �i � AGNES H. ROGERS. JEAN M.G. TiJNNELL, formerly known as Jean M. Goodson Date: , 2012 8 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: Universal Title Agency, LLC d/b/a Universal Land Title of Texas 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 : Printed Name: Title: Contract receipt date: , 2012 0 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 THE 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 AGNES H. ROGERS, a single woman and JEAN M.G. TUNNELL, formerly lrnown as Jean M. Goodson, not joined by her spouse due to the Property comprising no part of their homestead (herein collectively 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 described in 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 a11 other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, their 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) a11 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 Page 2 of 3 claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED the day of , 2012. THE STATE OF COUNTY OF 0 0 AGNES H. ROGERS JEAN M.G. TLTNNELL, formerly known as Jean M. Goodson ACKNOWLEDGMENT This instrument was acknowledged before me on by Agnes H. Rogers. THE STATE OF COUNTY OF 0 0 Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT This instrument was acknowledged before me on _ by Jean M.G. Tunnell, formerly lcnown as Jean M. Goodson. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 3 of 3 Notary Public, State of Texas My commission expires: 2012 2012 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 PAGE ! DF 2 R09ER7 W. JONES, JR VOL. 773, PG. 55 D.R.D.C.T. N8B '40' 03"E 35.44' SE7 1/2" I. W/GAI CAP a 0 � LOT 1 JEAN M.G. TUNNELL 6 AGNES H. R06ERS VOL. 994, PG. 652 D.R.D.C,T. A� 5'56'02" —� R=1047.50' T354.29' sEr t/z" I.R- L=1�e.4� W/GAI CAP Cb=NO2 •5� � so°w Lc=108.44' pp01 �g6 �o�P�,�� o G'.�. S70 '54' 54"W 31.03' GP p P' '�i, N / ��° � . i ��ti � / �� Sv � 't�i� \v��a ��\�.,� ��, �� {��j(�� 4�� t� LL � so� �A�9 yqY .90 � 22f6 5. BONNIE BRAE LOT 2 CHRI5TOPHER M. WAT75 VDL. 5102, PG. 2398 D.R.D.C.T. �� -. �4 �� , i � � � � � , � � � o � � � � � � � z � �. � � � � � H �. �� w °o i � o � � ' N � i W ; � FH O � z° (]� � _� r'�� ..� o /�� _�q � /.. / � �H i �O POINT �F � �� I ';w COMMENCII�G �� FNO i/2" I�R •� � Q _ -' '�� ,� 2220 S. BONNfC--�RAE- ••- - - --- • I LOT 3A F---' � JOHN P. DANSBY VOL. 1554, PG. 989--- D.R.O.C.T, s W� EXHIBIT "A" - Page 1 of 2 r ' S00'17'54"W 98.97' � � � � ; n , .�`Ci �, ; P INT OF �� „ ; B GINNING �� ' � � � F � � ^' 1 �� 3 �' o i � . 1 i A � ` ' � _ ; �� O ° ; H a � O� J ' m � ; a�� , � > _ ^�jl��_____.. t � .y ; ti W � ;Z H � J � �' �> �� i � �? 1��,�`��o , �� ry�� Q�� \ � "�� 2324 HIGHLANb PARK RD MILTON B. CLEARMAN & SPDUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 �.R.D.C.T. _.� �` .' -�. , � -,. //'��Jf Y 1�� "%�crrr_'" "....._____ •-� �_ _.. __ _.. �_(Yk��9e�E_ wzorH_R, o_ w_) ��_ ' _ r BASIS OF BEARING IS NORTH AMERICAN DATUM D� 1983 (NAD-83) STATE PLAN� COORDINATE 5Y5TEM, TEXAS NORTH CENTRAL. PARCEL 23—ROyV-1 BEING A 3,471 SQ.FT./0.08 ACRE RIGHT—OF�-WAY DEDYCATION SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT N0. 56 DENTON COUNTY, TEXAS ^ Graham Associates,lnc. �( �+ CONSUI'fING ENGINEERS d� PLANNERS t� BOU SIX FtAGS �RIVE, SUIiE 500 ARUNCTON, TE%AS 76D11 (81� 610-85J5 TBPE FlRMt F-11�1/1BPLS FlRMt 1fl163B-00 n SCALE: 1 "= 60 ' DATE: AUGUST 2011 J/Denton/P23-ROW-] Page 2 of 2 PARCEL 23-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION EXHIBIT "A" - Page 2 of 2 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 1, Solax Way Addition as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, and being conveyed by deed to Jaan M.G. Tunnell & Agnes H, Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a foun.d 1/2 inch iron rod, said point being the southeast corner of Lot 2, and the northeast corner of Lot 3A, Solar Way Addition, as recor.ded Cabinet H, Page 44, Plat 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 af 250.00 feet to point, for the POINT OF B�GINNING, said point being the southeast corner of said Lot 1, and the noxtheast corner of said Lot 2, Solar Way Addition, being a common line; THENCE South 70°54'S4" West, leaving said existing west right-of-way line and along said common line, a distance of 31.03 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a non-tangent curve to the right having a radius of 1047.50 feet and a central angle of 5°56'02", and a long chord which bears North 02°57'10" West, 108.44 feet, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE leaving said common line, along said proposed west right-of-way line and along said non-tangent curve tv the right an arc distance of 108.48 feet to a set 1/2 inch iron xod with GAI cap for corner, said point being in the north line of said Lot l, and also being in the south line of a tract of land conveyed to Robert W, Jones, Jr, as recorded in Volume 773, Page 55, Deed Records, Denton County, Texas, being a common line; THENCE North 88°40'03" East, leaving said proposed west right-of-way line and along said common line, a distance of 35.44 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, leaving said common Iine and along said existing west right-of-way line, a distance of 98.97 feet to the POINT OF BEGINNING ar�d CONTAINING 3,471 square feet, 0.08 acres of land, more or less. d�-r�-�W�� 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. UTILITY AND DRAINAGE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Agnes H. Rogers, a single woman and Jean M.G. Tunnell, formerly known as Jean M. Goodson, not joined by her spouse due to the Property comprising no part of their homestead (collectively, "Grantor"), whose rnailing address is 212 Solar Way, Denton, Texas 76207-2204, 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 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 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, including without limitation, the right to overflow the Property, and related structures, facilities and appurtenances, in, along, upon, under, over and across said Property. The rights granted herein sha11 further include, 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, worlcmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said utilities and drainage facilities and/or drainage features or grade 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 acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and 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 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 sha11 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 sha11 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 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. Grantor: Agnes H. Rogers Jean M.G. Tunnell, formerly known as Jean M. Goodson I:��ii�I��Z�'i1/�� THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Agnes H. Rogers. Notary Public, in and for the State of Texas My Commission Expires: 3 2012, by ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on Jean M.G. Tunnell, formerly known as Jean M. Goodson. 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 � PAG� 1 OF 3 RDBERT W. JONES, JR VDL, 773, PG. 55 o. R, o, c. T, NB8 '40' 03"E 16.00' ,� � � LO7 1 JEAN M.G. TUNNELL & AGNES H. RDGERS VOL. 994, PG. fi52 D.R.D.C.T. �= 6'06'54" R=1063.50' T=56.81' L=113.51' Cb=NO3'03'49"W Lc=113.45' �l p�� 9� 50�'P0 , �e � � �� / �p p A. / / � / ��Ua ;�;��4� ✓,�'� � J`i ` �� t`�. �� ,��.�> S70 '54' 54 "W ' 16.43' e= n•ae�ze^ R°1047.50' 7=43.97' L=87.H8' Cb=N08'19'23"W Lc=87.86' �'� ��)' 2216 5. BONNIE BRAE �° 0 1� LOT 2 ��"�� CHRI5TOPHER M. WATTS VOL. 5902, PG. 2398 �.R.D.C.T. s�< q cAe9 �qr .9� � 0 � /� � /, / /// ; POINT OF :, COMMENCTNG �NO i/a° r,F( `� .' '• i 2220 S. BONNIE-BRAE-- — — ��- — LDT 3A JoHN P, oANSBY _ __ VOL. 1554, 'PG. 9BT — — � o.R.o.c.T. e;� i� y ; �� PQI BE� � I, i. I � � � � � � � � i i � � ti i � � � W: w� �� '� �� ' „ .. 3 ', �O � �Q y ` �2 ,� � ,o . ,} L �l . n 0�� , �� i� z � ! - �fH/}' �G� _`W, i ; EXHIBIT "A" - Page 1 of 3 I � A= 5'56'02" R=1047.50' T�54.29' L=108.48' Cb=5D2'S7'10"E Lc=ioe.44� � . ��`� ��<y" 0 �4��) �,C:g [N ��F;� «�o ,(�� - ,��"s' �� '� r.,� ��s�� Y � , v� ) � H ; � ., � 31 ti � } A�¢ 1 � w�� ; � o � Q H i � �17�w � [� J � ^ Q � ~ ; a Q � � � O � �f� wl ti ti � ., "w � �z � H ' J � i � } �� u�7 � 2324 HIGHI,AND PARK RD MILTON B. CLEARMAN 6 SPOUSE, AHITA A. CLEARMAN VOL. 4437, PG. 2213 O.R.O.C.T. �� , / \ i' �� /� -- � �� 1/ /// `' � � �L � ___,_____ (VARI��LE �ARK ROA� _WIDTH R.D_W_)�1� .� �_ l BASIS OF BEARING IS NORTH AMERICAN IJA7UM OF 1983 (NAO-63) STATE PLANE COOR�INAT� SYSTEM, TEXAS NORTH CENTRAL. PARCEL 23—UDE-1 BEING A 1,776 SQ.FT./0.04 ACRE UTILITY & DRAINAGE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT N0. 56 DENTON COUNTY, TEXAS .^ Graham Associates,lnc. CONSULTING ENGINEERS d� PLANNERS � eoo s�x fucs oRrve, sui� eoo AR�NGTON, t�us 7aott (et7) a�o--as�s TBPE FlRM: F-1181/7BPLS FlRM:.101638-00 n SCALE: 1"= 60' DA7E: AUGUST 2011 J/Denton/P23-UOE-1 Page 2 of 3 PARCEL 23-UDE-1 LEGAL DESCRIl'TION UTILITY & DRAINAGE EASEMENT EXHIBIT "A" - Page 2 of 3 BEING a 0,04 acre tract of land situated in the O.S. Brewster Survey, Abstract No. Sb, Denton County, Texas, being a portion 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 & Agnes H. Rogers, as recorded in Volume 994, Page 652, 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 Lot 2, and the northeast corner of Lot 3A, Solar Way Addition, as recorded Cabinet H, Page 44, Plat Records, Denton County, Texas, and being in the existing west right-of-way line of Boruiie 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 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 non-tangent curve to the right having a radius of 1047,50 feet and a central angle of 4°48'26", and a long chord which bears North 08°19'23" West, 87.86 feet; THENCE continuing along said proposed west right-of way line and along said non- tangent curve to the right an arc distance oi 87.88 feet to a point for the POINT OF BEGINNING, said point being in the sauth line of said Lot 1, and in tk�e north line of said Lot 2, Solar Way Addition, being a comnnon line; THENCE South 70°5�4'S4" West, leaving said proposed west right-of-way line and along said common line, a distance of 16,43 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 6°06'S4", and a long chord wYiich bears North Q3°03'49" West, 113,45 feet; THENCE leaving said common line and along said non-tangent curve to the right an arc distance of 113.51 feet to a point for corner, said point being in the north line of said Lot 1, and also being in the south line of a tract of land conveyed to Robert W, Jones, Jr, as recorded in Volume 773, Page 55, Deed Records, Denton County, Texas, being a common line; EXHIBIT "A" - Page 3 of 3 Page 3 af 3 THENCE North 88°40'03" East, along said common line, a distance of 16.00 feet to a point �or corner, for the beginning of a non-tangent curve to the left having a radius of 1047.50 feet and a central angle of 5°56'02", and a long chord which bears South 02°57'10" East, 108.44 feet, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE along said proposed west right-of-way line and along said non-tangent curve to the left an arc distance of 108,48 feet to a the POINT OF BEGINNING and CONTAINING 1,776 square feet, 0.04 acres of land, more or 1ess. �- 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. DRAINAGE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Agnes H. Rogers, a single woman and Jean M.G. Tunnell, formerly known as Jean M. Goodson, not joined by her spouse due to the Property comprising no part of their homestead (collectively, "Grantor"), whose mailing address is 212 Solar Way, Denton, Texas 76207-2204, 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 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, including without limitation, the right to overflow the Property, and related structures, facilities and appurtenances, in, along, upon, under, over and across said Property. The rights granted herein shall further include, 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 grade or any part thereof. This Easement is subject to the following covenants and agreements: l. 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 alter the grade of the Property and 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 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. 2 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: Agnes H. Rogers Jean M. G. Tunnell, formerly known as Jean M. Goodson ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Agnes H. Rogers. Notary Public, in and for the State of Texas My Commission Expires: � 2012, by ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Jean M.G. Tunnell, formerly known as Jean M. Goodson. 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 :! PAGE 1 OF 2 ROBERT W. JDNES, JR VOL. 773, PG, 55 D.R.D.C.T. LOT 1 JEAN M.G. TUNNELL i� AGNES H. ROGERS VOL. 994, PG. 652. D.R.D.C.T. . y pO�S �96N WP P�'-� . 50Gp p Q` �'C' / � � � rn m c*i v .� 3 [+'f O O � 0 0 z �'N� �� , ."\,`��`�'�JJ e � � � N88'd0'03"E 88.98� �A� i g8. � �A'� W S?��SA� 0�� p� ��Z� $ A= A'4B'26" ; I � � 3 0 A=1047.5D 1 7=43.97' L=87.BB' ` Cb°N06'19'23"W Lc=87.B6' ,, o t w � O� 2�'��"� �J°9� 2216 S. LOTN2IE BRAE `, � fl�� r� ° ' CHRISTOPHER M. WATTS ' �,�� VOL. 5102, PG. 2398 i � � �.� D.A.p.C.T. ` R:r„o ��, �i�j° �` S�< 9 cA°9 �'9r .,9 � „ % i i��, � � � POINT OF f �` �� COMMENCING � FND 1/2" I�R��r y �.' �i 2220 S. BONNi�-BpA�- — — .-- — LQT 3A JOHN P. OANSBY � __ __ VOL. 7554, AG. 969` o.a.o.c.r. ;: :� �, i:' r � � � ! � '54 ' 54��W 16. 43' i i � 1 � � � s , � � � � � � � ti � � � � � � � E-h �t i Mr �` ' i.. � ;a 'o -• ; � v - ,_ ,� ; �o �.� L � n O� �, �� , �� 7 i z ; I .. �� P9� � � - ... W i i EXHIBIT "A" - Page 1 of 2 I 1� , w ,i � � � � � A= 6'06'54" � R=1063.50' j 7=56.61' � L=�13.51' � � Cb=S03'03'49"E �'�'?. ; Lc=113.45' 1�`4��r,� � �;��`�� 4 F's8 Fi � " `��:- `�'1 �j�(( ,6` L��y 't4�.� �� 5� '�°��j� � ;I W � 2324 HIGHLAND PARK RD MILTON B. CLEARMAN 6 SPOUSE, ANI7A A. CLEARMAN y 3 1 VOL. 4437, PG. 2213 F ci D.R.D.C.T. , A�a 1 � � w�� ; Q H � i �� J� ,'// \�` � �[p�] a /� �+�'. � 1-s Q / `— � i �� /,�J ~ � � � � � � ;� � � ( - - �-- -�� -,, � �� HIGH PARK RUAS� ---------(VA1R�'�.QLE_WIDTH R.0_W_)�11 = I �'1 , ;w � �z � H ' J � � �r 'w �� i N � _ � /� l BASIS OF BEARING I5 NORTH AM�RICAN DATUM OF 1983 {NAD-B3) S7ATE PLANE COOR�INATE SY57�M, 7EXAS NORTH CENTRAL. PARCEL 23—DE--i BEING A 11,626 SQ.FT./0.27 ACRE DRAINAGE EASEMENT SITUATED IN THE �.5. BREWSTER SURVEY ABSTRACT N0. 56 DEI�TON COUNTY, TEXAS ^ Grahqm Assaciates,lnc. (( �+ CONSULTING ENGINEERS dc PLANNERS �� E0� SIX FLAG3 GRIVE, SlJ17E 500 ARUNaTON, lE%AS 7eott (a1� e4o-9635 7BPE FlRM: F—i1D1/TBPLS FlRMt 101638-00 n SCALE: 1 "= 60' �ATE: AUGUST 2011 J/Oenton/P23-DE-i Page 2 of 2 PARCEL 23-DE-1 LEGAL DESCRIPTION DRAINAGE EASEMENT EXHIBIT "A" - Page 2 of 2 BEING a 0.27 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 5b, Denton County, Te�cas, being a portion 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 & Agnes H. Rogers, as recorded in Volume 994, Page 652, 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 Lot 2, and the northeast corner of Lot 3A, Solar Way Addition, as recorded Cabinet H, Page 44, Plat 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 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 1'vne and along said proposed west right-of-way line, a distance of 84.19 %et to a poinf for corner, for the begiruung of a non-tangent curve to the right having a'radius of 1047.50 feet and a central angle of 4°48'26", and a long chord which bears North 08°19'23" West, 87.86 feet; THENCE continuing along said proposed west right-o£-way line and along said non-tangent curve to the right an arc distance of 87.88 feet to a point for corner, said point being in the south line of said Lot 1, and in the north line of said Lot 2, Solar Way Addition, being a common line; THENCE South 70°54'S4" West, leaving said proposed west right-of-way lina and along said common line, a distance of 16.43 feet to a point for the POINT OF BEGINNING; THENCE South 70°54'S4" West, continuing along said common line, a distance of 98.34 feet to a point for corner; THENCE North 00°50'03"' VVest, leaving said common line, a distance of 143,39 feet to a point for corner, said point being in the north line of said Lot l, and also being in the south line of a tract of land conveyed ta Robert W, Jones, Jr, as recorded in Volume 773, Page 55, Deed Records, Denton County, Texas, being a common line; THENCE North 88°40'03" East, along said common line, a distance of $$.98 feet to a point for corner, for the beginning of a non-tangent curve to the laft having a radius of 1063:50 feet and a central angle of 6°06'S4", and a long chord which bears South 03°03'49" East, 113.45 feet; THENCE leaving said common line and along said non-tangent curve to the left an arc distance of 113.51 feet to the POINT OF BEGINNING and CONTAINING 11,626 square feet, 0.27 acres of land, more or less.