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2012-094s:llegallour documents\ordinances1121parkes acquisition ordinance.doc oxDnvaNCE No. 2012-094 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 7.36 ACRE TRACT; (II) A SLOPE EASEMENT ENCUMBERING 0.33 ACRES; (III) A DRAINAGE EASEMENT ENCUMBERING 1.35 ACRES; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT ENCUMBERING 0.03 ACRES, ALL LANDS LOCATED IN DENTON COUNTY, TEXAS, AND SITUATED IN THE JAMES EDMONSON SURVEY, ABSTR.ACT NUMBER 400, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENER.ALLY IN THE 3100 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO JACK ARLYN PARKES AND WIFE, BETTY PARKES (COLLECTIVELY, THE "OWNER") TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF TWO HUNDRED FIFTY FIVE THOUSAND ONE HUNDRED SIXTEEN DOLLARS AND NO CENTS ($255,116.00), 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 $255,116.00 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 make 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. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �`5� day of , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY I� VED AS TO LEGAL FORM: A1vITA BURGESS, CITY ATTORNEY By: /" _ ( PAGE 1 OF 5 m �¢ � 3. q O, � W4�~ a• �}aU ti: p0.wN� d ',��02' �3. �4 �d mlu 3p �r Q O� m� B9•29'48"E 204;70'�- - - N07 '04' 48"� i6.83' POINT OF COMDdENCING �NO 1/2" I.R SAV� 6 EXCEPT TRACT 1 JACK ARLYN PARKES VOL. 4073, PG, 1207 o.R.o.c.T. _-,:i�.' �;�,:; - •�A: � r�' � ,�- r `�' - ;� J', e'� �i� EXHIBIT "A" to Ordinance (Property Interests) THE CHAMBEFLAIN TRUS7 VOL. 4822, PG, f336 D.R.O.C.T. POINT OF �EGINNING S�17G7C! I,R. � ' RO�ELAI9N DRNL � ` ..,1l.ARTAeLE WIhTH R.O.W,: '. _S� ��. �� . . N90'00'00"W 315, JACK ARLYN PARKES VOL. 4073, PG. 1207 D.R.D.C.T. NOTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTION. NOTE; APPROX. 2,91 AC. LIES WITHIN FLOODPLAIN I,R CAP .� A �: �� a EXISTING ROW ,f —�, FND WOOOEN '29'48"E 4$2.10' . _, S�R i✓2c� i N45 •ao � oo �� w 28.28' PROPOSEO ROW� � 0 v li7 lLi �---� : ►� � �-' I� CROSSTEX ESMT � � � 'VOL.5292, PG.1318 O I�--�--o_,R_D,c.L._.—_� L_�J � i o � o 0 ;, z 1. A PORTION OF THIS DE�ICATION LIES WITHIN A FEDERAL EMERGENCY MANA'GEMENT AGENCY OESTGNATEO FL000 PLAIN OR �J/GAI'1CAP l' ` l' ` �•. 1 � ' �� D`��'nl � N 1`ON �� Wz,l ; 1 m �� i. � 1 �.1 l , � � � ` . � 1 1 1 �a � � 1l � 1 � — � '' 1 � � �, � � �� `� I y .�� I I �,� � � I { � �. �� { a I I � � 1 I .I I � { � � � � .a� �� w SEE SHEET 2 N �. H lD c0 LL� � .-� � �i7 0 0 � U z H z 0 H � a 0 z �� O N LL � ~ • F- �� . �ac� � o oQ� m O J J N � U � Z � 0 U Z � 0 x c� Z 0 J FL00� PRONE AREA AS OESIGNATED DN THE FL00� INSURANCE 8A5IS OF BEARING I5 NORTH AMERICAN DATUM RATE MAP FOR �ENTON COUNTY CDMMUNITY PANEL 48121C0370C�, OF 1983 (NAD-83� STATE PLANE COORDINATE EFFECTIVE DATE APFiIL 18,2011. SYSTEM, TEXAS NORTH CENTRAL. PARCEL 35—ROW-1 BEING A 320,390 SQ.FT./7.36 ACRE RIGHT—OF—�NAY DEDICATION n SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON C�UNTY, TEXAS ORAPHIC 9CAlE ,�_�oo� � Grqham Associates,lr�c. 0 50 �oo �50 ■ CONSULTING ENGINEERS dc PLANNERS eoa six Fucs oRlve(, suits soo TBPE FlRM� F-1191/T9PLS �1a17i 10�638�00 DATE: FEBRUARY 2012 J/oenton/P35-ROW-i PAGE 2 OF 5 _ �+p� ,.�:.`; .� r._ ,,��"i�:- _ �� y:. JACK ARLYN PARKES VOL. 4073, PG, 1207 D.R.D.C,T. NOTE; SET 1/2" I,R. W/ GAI CAP TO BE 5ET AT END OF CONSTRUCTION. /�r�+�� NOTE; APPROX. 2.91 AC. LIES WITHIN FLOODPLAIN EXHIBIT "A" to Ordinance (Property Interests) PROP6SED ROW SEW/GAI CAPR� �= 12'56' 18" R�852,50' T=96,67' L=192.55' Ca=N06'28' 09"E Lc=192.40' 5�T 1/2" I.R W/GAI CAP SEE SHEET i �I I � � �., t � I � �... �. j � �•. '•� O i� .� '�' , . f I. ^ �\+. �. �I I ``\ I �' �'. , �`� .' I � I a ' � `� I I O�``�� o :,; � . ;I I o � ' � ' � Z '• �, ' . � �� • , \�� • \'�• �'.,\ �. � � �.��.. `\\\ ,� `. \ \ � I .. � I\ �� \ ♦ •.. I � �� . � �' �\� ' � i �,i ., \ \ . \ �. ��. � �` � � I`• I i � �l `�� '•j' I I� `�,; �'��,,\ l� `4:.,� I �, �.'',,� � '�, • ` I �'I � / � \�'��'�!• � �j� j. /�i. \\� \� � �, 'li-'m. � ti \\ � \ ��a�� .I��I . �', I N¢I N �, ' I��°I ty '� •i . , o 2 \'� ` •� �`. r � ',.� "I , � '. \ �.�� ' ��.� .� SEE SHEET 3 1, A PORTION OF THIS DEpTCATIQN LIES WITHIN A FEOERAL EMER6ENCY MANAGEMENT AGENCY �ESiGNATED FLOOD PLAIN OR F'LOOD PRONE AREA AS D�SIGNATEO ON THE FLOOD INSURANCE AATE MAP FOR DENTON COUNTY COMMUNITY PANEL A8121C0370G, EFFECTIVE DATE APRIL 18,201i. N �i � l0 40 W h � � u� 0 0 � U Z H Z O H Q 0 Z �� O N Li.. � r �r � � a c.i � o o � o�¢ a0 • o J -� H O U � 2 � O U 2 ¢ 0 T c� z 0 r BA5I5 OF BEARTNG I5 NORTH AMEflICAN QATUM OF 1983 (NAD-B3) STATE PLANE COOFDINATE 5Y5TEM, TEXAS NORTH CENTRAL. PARCEL 35—ROW-1 BEING A 320,390 SQ.FT./'7.36 ACRE RIGHT—OF—WAY DEDICATION SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS .^ Graham Associates,lnc. CONSULTINO ENOINEERS dt PLANNE�S 1t71 E00 SiX FU10S DRIVE, SUIiE B00 �'V u�uHaror�, 7EXA3 7a011 (At�' a10-0036 7BPE FlHAIt F-11o1/7BPL5 FlRh(' 101638-00 SURVEY, I7 GRAPHIC SCALE !'=l00' 0 50 100 150 DATE: FE6AUARY 2012 J/�enton/P35-FlOW-i PAGE 3 OF 5 //i � � � \ � � ��DO �Y� � qf�L � PRdPOSED JACK ARLYN PApKES VOL. 4073, PG. 1207 O.R.D.C,T, '�. � � �•' ,`(" �5=. ,�. �r � r;. �" ,:% •; ; ::. �t' � N; KoP� �� •�'ti a G ,;.:, :,< < . ' � pPpP� , ' SE7 !/2" I.R.� • W/GAI CAP / i ^ � � �Y � N 2 EXHIBIT "A" to Ordinance (Property Interests) SEE SHEET 2 �� { � � � � �' ' i i ._.� -�. -`'� �^�' �-. —�.. �� I I . , i�.. � I ��I � � ` I I � � � � � I I �� ,,. . , ��m � ' �� n� . ,. . . . I�aUI W NAI �.. �� ,�;,. . . ;N� , �4 ` /, � � ��> � a. , . I I ! � � ./ . � I � � � � � � ( � � � ' ��' � � � � �� ' �� _ 1. A PORTION OF THIS OEDICATION LIES WITHIN A FEDEAAL EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR FL000 PRONE AREA AS �ESIGNATED ON THE FLOOD INSURANCE RATE MAf' FOR DENTON COUNTY COMMUNITY PANEL 4Bi21C0370G, EFFECTIVE OATE APRIL 18,2011, /�� 1 / U \ / Z ` H N � � ti W �. � � O O � i/ Z O H F- Q d z �� O N �� - F- � • �aci �o o�¢ mo J J H � U� Z _ 0 U Z � O S z 0 J i I,R, CAP MARVIN HENOERSON ESTATE TRUST DOC, N0. 96-R0055800 ❑.R,�.C.T. NOTE: SET 1/2" I,R. W/ GAI CAP TO 8E SET AT ENO OF CONSTRUCTION. NOTE: APPROX. 2.91 AC. LIES WITHIN FLDODPLAIN BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE CQOR�INATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 35--ROW--1 BEING A 320,390 SQ.FT./7.36 ACRE RIGHT—OF—WAY DEDICATION SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, Grahdm Associates,lnc. DENTON COUNTY, TEXAS . CONSULTING ENGINEfRS �t PLANNERS sao s�x �.�,os �w�, sui� saa uzuNaroN, �x�s 7eot� �en) e.w-e�s 7BPE FlRMt F-�11o1/TBPLB RMt 101638-00 SURVEY, n GRAPHIC SCALE !'=i00' 0 50 100 150 DATE; FEBRUAFIY 2012! J/Denton/P36-ROW-i Page4of5 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35-ROW-1 LEGAL DESCRIPTION RIGHT-OF WAY DEDICATION Being a 7.36 acre tract of land situated in the James Edrnonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of Iand conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows; COMMENC]TTG at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land convayed to Jack Parkes and wi£e Betty Parkes, as recorded in Volume 5022, Page 3438, 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.}, and the e�sting south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west xight-of-way line and along e�.sting said south right-of-way line, a distance of 204.70 feet to a set 1/2 inch iron rod with GAI cap for the POINT OF BEGINNING, said point being the northeast corner of a tract of land conveyed to Jacic Arlyn Parkes, save and except Tract 1, as recoxded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, ' THENCE South 89°29'48" East, continuing along existing said south right-of-way line, a distance of 462.10 feet to a found wooden post for corner, said point being the northwest corner of a tract conveyed to Longhorn Council Boy Scout Foundation, Inc, as recorded in Volume 450, Page 526, Deeds Records, Denton County, Texas, being a common line; THENCE South 00°54'17" East, leaving existing said south right-of-way line and along said common line, a distance of 1661,12 £eet to a set 1/2 inch iron rod with GAI cap for corner, said point being the southeast corner of said Jack Arlyn Parkes tract and being in the noTth line of a tract conveyed to Marvin Henderson Estate Trust, as recorded in Instrument. No. 96- R0055800, Deeds Records, Denton County, Texas; THENCE South 80°10'16" West, along said north line, a distance of 352.17 feet to a set 1/2 inch iron xod with GAI cap for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE North 12°56'18" East, leaving said north line, and along said proposed west right-of- way line, a distance of 761.45 feet to a set 1/2 inch iron rod with GAI cap for corner, for the begirming of a tangent curve to the left having a radius of 852,50 feet, a central angle of 12°56'18", and a long chord which bears North 06°28'09" East, 192.10 feet; THENCE continuing along said proposed west right-of-way line, and along said tangent curve to the left, an arc distance of 192.51 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 00°00'00" West, continuing along said proposed west right-of-way line, a distance of 755.40 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the inost southerly point of a corner-clip; EXHIBIT "A" to Ordinance (Property Interests) Page 5 of 5 THENCE North 45°00'00" West, leaving said proposed west right-of-way line, and along said corner-clip, a distance of 28.28 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O. W.); THENCE North 90°00'00" West, along said proposed south right-of-way line, a distance of 315.51 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the east line of the save and except Tract lof Jack Arlyn Parkes tract; THENCE North 07°04'48" East, continuing along proposed souih right-of-way line and along said east line, a distance of 16.83 feet to the POINT O�' BEGINNING and CONTAINING 320,390 square feet, 7.36 acres of land, more or less. �r�-i �- -- - PAGE 1 OF 4 �m z°Ym -�; Q� a; fun4��' , a�RV �� y�o¢ � ~� Qk �4 .�3 � � �p �� ' ,0�, �� EXHIBIT "A" to �rdinance (Property Interests) THE CHAMBERLAIM TRUST VOL. 4522, PG, 1338 D,R.O,C,T, 507 '04' 48"W — , � —i_ — 16.83' N90 �00' 00"E� 3�15, fi9 ' POINT OF �•� I S48 •oo � oo °� CObIMENCINC �• I � 2e' a8 � FND 1/2" I.R 3AVE 6 EXCEPT TRACT i JACK ARLYN PARKE5 VOL, 4073, PG, 1207 O.R.D.C.T. � �� ^� �,�o �� ;�� I ,\ ' • � � � '`I I �,\ ,� I � � 1 �I tiAti I � I I�i I I a j ,� // �l � i % I � I �� I / I � �' � � I �---�- � i I �— —I� CROSSTEX ESMT � � � � �y0L.5292, PG, 1318 � ��-I--�=R=�+�'�---- I_ __ J � I N90'00' 00"E —� � � 10.00' l,�� I 1 in�: I I ri�� I I NI; I I �� JACK ARLYN PARKES II o�� VOL, 4073, PG. 1207 I I al� D.R.D,C.T. BASIS OF B�ARING IS NORTH AMERICAN DATUM aF 1983 (NAO-83) STATE PLANE CDORQINATE SYST�M, TEXAS NORTH CENTRAL. � 1 0l; 1 ( °j� 1 I °o(� / 1 21� r�__-----------------•-- O Ip0 �� $ '� l � 1 1 � 1 � � 1 � � I11 N N�� X1 l; �3,` 11 � A 3 ` � 1 I�` W � 1 0 1 � a 1 a l � � y � � � 1 � ti pnirrr oF , 1 SEE SHEET 2 PARCEL 35—SE—i BEING A 10,839 SQ.FT./0.25 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS ■^ Grahdm Associates Inc. ((,?� CONSULTING ENGINEERS dc PIJrNNERS \<JI E00 9Uf F'LA05 DRIVE, 9WTE 600 �r MUN(iTON, 1EXA5 7E011 �e17) 0�0-8638 iBPE FlRMI F-11Q1/TBPIS RI�(t 701639-00 c� z H Z 0 H � a 0 � o fD �� - H � V0.0 �d o�� mo J --� H � U� Z � 0 U z ¢ 0 x � z 0 J SURVEY, �''' GRAPHIC SCALE !'-l00' 60 l00 150 DATE: DECEMBER 2011 J/Denton/P35-SE-! PAGE 2 OF 4 SAVE 6 E%CEpT TRACT 3 JACK ARLYN PARKES VOL. 4073, PG. 1207 O.R�D.C.T, ..��'��.r� r O�� <y�� ,�. EXHIBIT "A" to Ordinance (Property Interests) ,! SEE SHEE -�� Na0'00'00"W j\ ; �� 237.51' �` i ��i/ N90'00'00"E � . / 15. 00 ( . - , i �N /' ��'.. LL7��`..� �m 10'55'a3" R=8�/2(�7,5p0' Ta / .7 . OC7 � L=157.6B' Cp=N05'27' 32"E Lc=i57.44' JACK AFiLYN PARKES N79'Q4'57"W VOL. 4073, PG. 1207 25.00' �,R.D.C.T. f �oo va �-� / � FLOObPLAIN \ �� \ O 0 0 O O O Z .� � � � �^ 0 �� y � O O w ROW U Z H z 0 H I-- d O Z �� O N LL � ~ �F- �� . ,°�ac� � _o o�� m a J J H � U � z � O U Z � O _ [.� z 0 J f �` ' �0= 10'55'03" /�\ I I, R=852.50' ` I I T�81.47' � � � Lm162.44' I I �b°S05'27'32"W I I Lc-462.2a' I I I I I I 1�1 i�m .� � .+ �Wa~� IX V W pl INN�i I��'�I {�� I � I I � � � � I I I I BASIS OF BEApING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COOR�INATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 35-5E-1 BEING A 10,839 SQ.FT./0.25 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. . CONSULTiNG ENOINEERS �t PLANNERS E00 SIX FLAOS pRIVE, BU11E C00 MLJNOTON, 1EXA9 70011 81» EAO-8838 1HPE FlRM� F-11Y1/iBPl3 RM� 1o163B-00 SURVEY, � GHAPHIC SCALE i'�500' 50 100 150 DATE: DECEMBEA 2011 J/Dentan/P35--SE-i Page 3 of 4 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35-SE-1 LEGAL DESCRII'TION SLOPE EASEMENT Being a 0.25 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows; COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract o£ land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, 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.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to �. point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton,County, Texas, THENCE Sonth 07°04'48" West, along said proposed south right-of-way 1ine, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE North 90°00'00" East, leaving said east line, and continuing along said propased south right-o%way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 339.39 feet to a point for corner, being the POTNT OF BEGTNNING; THENCE South 00°00'00" East, continuing along said proposed west right-of-way line, a distance of 416,02 feet to a point for corner, for the beginning of a tangenfi curve to the right having a radius of 852.50 feet, a central angle of 10°55'03 ", and a long chord which bears South OS°27'32" West, 1fi2.20 feet; THENCE continuing along said proposed west right-of-way line, and along said tangent curve to the right, an arc distance of 162.44 feet to a point for corner; THENCE North 79°04'S7" West, leaving said proposed wesi right-of.-way line, a distance of 25.00 feet to a point for corner, for the beginning of a non-tangent curve to the left, having a EXHIBIT "A" to Ordinance (Property Interests) Page 4 of 4 radius of 827,50 feet and a central angle of 10°55'03", and a long chord which bears North OS°27'32" East, 157.44 feet; THENCE along said non-tangent curve to the left an arc distance of 157.68 feet to a point fox corner; THENCE North 00°00'00" East, a distance of 178.51 feet to a point for corner; THENCE North 90°00'00" East, a distance of 15.00 feet to a point £or corner; THENCE North 00°00'00" West, a distance of 237,51 feet to a point for cornex; THENCE North 90°00'00" East, a distance of 10.00 feet to the POINT OF BEGINNING and CONTAINING 10,839 square feet, 0.25 acres of land, more or less. PAGE 1 OF 2 W � ,� C� i � .4 u VO �� 1 q �� o ;pp _ 4 � � Qi ; O ¢; �av� � � , `�� << � l' - - - —�r jr � - - - - - ROSEI,AlP1�T�DI�IVE- - --- EXHIBIT "A" to Ordinance (Property Interests) E CHAMBERLAIN TRUS7 OL. 4622, PG. ]336 o,R.o,C.T, S90 '00' 00"E o� �n� L__L� -6�f�----------------�r��.---- rTr�--- — — -------- -r-r• / IVAR�AB�E_WIOT,H�fl,o,t�,) --g�GI[+1N�NC� --------- ----�f�,--- -- S45%00' 00"E --•,-- ,,�. 3'29'd0"EJ�0�:70' - �_ _ � �.6�r--•- S07'04'48"W 18,83' POINT OF COMMENCING FN[] 1/2" I.q SAVE 6 EXCEPT TRACT 1 JACK ARLYN PAflKE5 VOL, 4073, PG. 1207 p.R,O,C.T. ;�::''. �{k.r.4".� ,��":,��,. r.�� ,�''J'� SITUATED � \ s9o•oo�oo.^e �se•o�' I� N90 00'00 W � + . n N00'00'OQ"�` � 402.5Q' 5.00' , ,, � � ,� �\ '� I 1 � I 1 �I 1A1 I I 'I � � �ai ia� � i /� � / I / � �� /ll r� � I �--�-' � � � � I� CROS5TEX ESMT � � � �VOL.5292, PG, 1318 I I---l�--D_R_D,C,L—.�-- L__J � I � � �� II ii � � JACK ARLYN PARKES I� VOL . 4073, PG . 1207 I I D.R.D.C,T. �� r i� �� '� 1 � 1 1 � l � 1 � � � `�o�N 1 oN�� x 1; �� 1 � 1 F ti �yt � 1 � l 1 1 � 1 � l � �o , 1 __�� - ` ' i _ �� _ 1 I � I II � � a I I � I I a { I I I � � 1 I I I I I I I I I z H Z 0 H �- a o . z �� N �� •� _ �a�i � o O • O�¢ mo J J H � U� z � 0 U Z � 0 z c� Z a J BASIS OF BEARING IS NOATH AMERICAN bATUM OF 1963 (NAO-93) STATE PLANE COORDINATE SYSTEM, TEXAS NtlRTH CENTRAL. PARCEL 35-5E-2 BEING A 5U0 SQ.FT./0.01 ACRE SLOPE EASEMENT IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Assvciates,inc. ■ CONSULTINO ENOINEERS dt PLANNERS E00 SIX FiAG3 DRIVE, SUI'fE 800 ARIJNOTON, 1E%AS 7A017 (817) E40—B636 18PE FlRA12 F-1161/TBpLS FlRMf 1D1838-00 SURVEY, n GHAPHIC SCALE 1'�i00' 50 100 150 DATE: DECEMBER 2011 J/Denton/P35—SE-2 Page 2 of 2 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35-5E-2 LEGAL DESCRIl'TION SLOPE EASEMENT Being a 0.01 acre tract of land siivated in the James Ednnonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recarded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west righi-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O,W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract l, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract l, a distance of 16.83 feet to a point for corner; TI�NCE South 90°00'00" East, leaving said east line and continuing along proposed sauth right- of-way line, a distance of 218.01 feet to a point for corner, being the POTNT OF BEGINNING; THENCE South 90°00'00" East, continuing along proposed south right-of-way line, a distance of 97.50 feet to a point for cort�er, said point being the most northerly point of a corner-clip with the proposed west right-of way line of Bonnie Brae Street (having a 95' R.O.W,}; THENCE South 45°00'00" East, along said corner-clip, a distance of 7.07 feet to a point for corner; THENCE North 90°00'00" West, leaving said proposed west right-af-way line, a distance of 102,50 feet to a point for corner; THENCE North 00°00'00" East, a distance of 5.00 feet to a the POINT OF BEGINNING and CONTAIlVING 500 square feet, 0.01 acres of land, more or less. PAGE 1 OF 4 �m z° v -. Q¢m �q�� I� Oy R�4V �y,� �''� Y�oa �p, �M a'a :�q'3; ;o ' �m', ; O �; r�� EXHIBIT "A" to Ordinance (Property Interests) THE CHAMBERLAIN TRl1ST VOL. 4522, PG. 1336 �.R,D.C.T. � 'r- --- --- r r�- ^ rjr�-- — �---�r/rr------------- --,r:�: t``� -� fJr�------------- r l.,sv 9�88 LAl�YN� -I11iN�1L1�-------------- .,�1��--- --S�i�3� '�l0' 00"E-=-----.,�1�. - � - ses•eg��€'��;TO'--------.---,-� ;- � � 1d, i�i' . .. 507'04�48"W \ onn.nn�nnac a�� a�� ` 16.98' POTNT OF' COM3�ENCIN'G FNO i/2" I,R SAVE 6 EXCEPT TRACT 1 JACK ARLYN PARKES VOL, 4073, PG. 1207 �,R.D.C.T, ,,f : �'. c,�?:q-,?.'i. F... _ .,.�;' ^<i.. ? <:.;.: y._ '� }.' F ;- �,,� SITUATED i � 545'q0��0"E --� '� � �. I � POI�i'L' OF '� �� BEGINNING �� \ �� I � \ i� I \�I n � �� `�AI n i�� I C 1 � � � I f'� � [ � '/ / � � G ' � s �I � r� � I � � � � r--�—� I I I �— 'I� CROSSTEX ESMT � � � � �VOL, 5292, PG. 1318 I �,�..I--o_a_o c.L• �-- L__J � � � I N90'00'00"W J II 10.00' II II � � JACK ARLYN PARKES I� VOL. 4073, PG. 1207 II D,R.D.C.T, If r� �1 ir � , y 1 1 � � ` � � 1 � ��o�pl 1 �p N�� . �� 1 ' 1� xl ' �1 W;1 i 1 � ` � � i � I �1 � 11 1� � 1 i � �, , 1 o � 1 __��_ � 1 �W 1 I ._ � — { I � � � � � ¢ � I I � a I I U z H Z 0 r+ F- a 0 z �� O N �� H' • F _ �ac� m o o � o�¢ mq • O J J �� c> > z � 0 U z ¢ 0 z � z 0 J 8A5IS DF BEARING IS NORTH AMERICAN DATUhI OF 1983 (NAD-83) STATE PLANE COOR�INATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 35-5E-3 BEING A 3,194 SQ.FT./0.0'7 ACRE SLOPE EASEMENT IN THE JAMES EDMONSON SURVEY, n ABSTRACT N0. 400, DENTON COUNTY, TEXAS .^ Graham Associates Inc. CONSUITING ENGINEERS �c PLANNERS 1\71 EGO SIK FLA09 bRIVE, SUI7E 600 �r ARUNOTON, TEkA3 70011 (617) 81U-8638 1HPE FlRMt F-1191/7HPLS �IRAft 101638-00 GRAPHIC SCALE 1'-100' 50 100 150 DATE; DECEMBER 2011 J/Oenton/P35-SE-3 Page 2 of 2 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35�5E-3 LEGAL DESCRTPTION SLOPE EASEMENT Being a 0,07 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follovvs: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way Iine of Bonnie Brae Street (having a variable width R.O,W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W,}; THENCE South 89°29'48" East, leaving e�cisting said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of-way line, a distance of 315.51 feet to a point for corner, said point bemg t11e most northerly point of a corner- clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45°00'00" East, along said corner-clip, a distance of 14.14 feet to a point for corner, being the POINT OF BEGIlVNIlVG; THBNCE South 45°00'OQ" East, continuing along said corner-clip, a distance of 14.14 feet to a point for corner, said point being in the pxoposed west right-of-way line of said Bonnie Brae Street; T�IENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a distance of 314.39 feet to a point for comer; THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of 10.00 feet to a point for corner; THENCE North 00°00'00" East, a distance of 324.39 feet to the POINT OF BEGINNIIVG and CONTAINING 3,194 square feet, 0,07 acres of land, more or less. �� ,� - -- PAGE i OF 2 o� z��? -„ i� 37 w°��` o' �a~aU �' y�oa ��H: o, �� Q ;�9 �� o �%� ;O�' �� (t` EXHIBIT "A" to Ordinance (Property Interests) THE CHAMBERLAIN TRUST VOL. 4622, P0, 1336 D.R.D.C.T. �� `'�- -- ----�•- -----��jr----i..__,.rr�,--------- . .;.. - ---�rir�------ - ,�i�-ZiO�SELA�PN-DI�NC�`i�-------- ------,- -,-.,,J11Y98IABl.E YIIDTH`B�o.w.•�--------------�JIL-------�JIJ�------------�---'�'''-'--. 1_ _ t � S07'04'48"W � }590'00'QO'IE 395.5f' 18,83' � � � � POINT OF COM�EN'CING FND i/2" I.R save � excEPT TFACT i JACK ARLYN PARKES VOL. 4073, PG, 1207 o.R,o.c.T. � \ � S45'00'OQ"E � � � ze.�a� � � I I \\ ��.,\ � I � ti� � ,\ � I \ � � 1 �I �AI � �' � � � I � � 'I � �`' I ,, /// // I i � I i� � II � r�l `�` �;� � � � N9p'00'00"E .r.�i.� �'a �----I.� � � 20.00� � I �� ^�� CROSSTEX ESMT r .'° I � I IVOL.5292, PG.131B t.;': - .- I �—�-�-0_;_R^O,C.T. _�_ � , L `_ � � �N00'00'00"E —�' � II 25.00' �� I1 i i tvso •oo � oo �� w— �� 2�,�0� JACK ARLYN PARKES ll VOL. A073, PG. 1207 II D.R,D.C.T. �� !� /! BASIS OF BEARING IS NORTH AMERICAN DATUM �� OF 1983 (NAO-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTAAL. PARCEL 35—DE—i BEING A 500 SQ.FT./0.01 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENT�N COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS dc PIANNERS E00 SIX FLAOS QRIVE, SUI1E B00 ARLINOTON, 7E1iA5 7C011 (B17) EAO-8838 TBPE FlRM� F--1191/1BPL8 F1RMt 101638-00 Y I I� o lo ¢I o W I IO a� N �� al I I � �1 � � 1 1 � � � 1 � L 1 � �o 01 I �p`�`�1 ��b ` 1`�I ,R� N1 1' V�� 1 1 I�ti � 1 � 1 � 1 l 4 1 ` POINT OF1� � �E�iN�NIN 1 , ti -S�d �� 25,00' � � r�v o o� �� o� � U z H Z 0 H � a 0 � o �O LL� u� F' . � � '�ac� � o n�� m p J '� H d U � Z � n U � 0 � � z 0 J SURVEY, n GRAPHIC 3CAlE i'�500' 50 100 150 DATE: OECEMBER 2011 J/Oenton/P35-OE-! Page 2 of 2 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35-DE-1 LEGAL DESCRIPTION DRAINAGE EASEMENT Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42' acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1J2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, 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.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance o£ 204.70 feet to a point £or corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in. Volume 4073, Page 1207, Deed Recoxds, Denton County, Texas, T'HENCE South 07°04'48" West, along said proposed south right-o£-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; 'TI�NCE South 90°00'00" East, leaving said east line and continuing along proposed south right- of way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'00" West, along said proposed west right-of-way line, a distance of 314.39 feet to a poin.t for eorner, being the POINT OF BEGINNIlVG; THENCE South 00°00'00" West, cantinuing along said proposed west right-of-way line, a distance of 25.00 feet to a point for corner; THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of 20.00 feet to a point for eorner; THENCE North 00°00'00" East, a distance of 25.00 feet to a point for corner; THENCE North 90°00'00" East, a distance of 20.00 feet to the POINT OF BEGINNING and CONTAINING 500 square feet, 0.01 acres of land, more or less. PAGE 1 OF 5 m z°Ym -� �� 3; W aC��^ O, ati ati a Cb.�'' �r- tUo Q� �° ,�o; 3� 7�Q J� �� q� 507'04'4B"W 16.83' POINT OF COM�ENCYNG FNO 1/2" I.R SAVE 6 EXCEPT TRACT i JACK ARLYN PARKES VpL. 4073, PG. f2U7 D,R.�.C.T. - ,ri: EXHIBIT "A" to Ordinance (Property Interests) THE CHqMBERLAIN TRUST 40L. 4522, PG, 1336 D.R.O.C.T. .•:r- - ' ---------�/Tr�----�-- �r;i,--� - - . .. ROSELAWN DItNE' � � _,:',IVARIABLE_�lIOTH_R.,O:W,.) _ _. _ ..:;1��----.- ,�c�,- . - � � 1 1 . �—N9�'00'AO�� 315.51' 1 I ' �� 545'00'00"E � 1 1 , '•, i � za.ea� � ` 1 , ..,\� I I , y ' .` '� j I � r �1 � I � 1a�+� 1 �I I ��N�1 � A 4 � l n�1 I � I 1•��' N� I � � �' �� II �I I 1� A � 1 �'I ��a � �� !, � :� j a� W i � . /I I I O 1 1 l ! / � I I o �� ,1 �� r---�_� � � I 1 ' I--I-1--------� ----- � � � I IVQ��,Rg252�xPGS131B � I � _ � i_J.�.—o_R_o.c,r.__�= ----�— , �� I �__ ,_ J � � - �- � I � � II I II � � I i � p�q o JACK ARLYN PARKES II I � pq VDL, 4073, PG. 4207 I I I D.R,D,C.T. � � � a�� l I o� 1! I � BASIS OF BEARING IS NOR7H AMERICAN aATUM �' I�� „ OF A983 (NAD-83) STATE PLANE COORDINATE SEE SHEET 2 SYSTEM, TEXAS NORTH CENTRAL. NOTES: SITUATED U z H Z O H � a 0 �� N � F , F; � bQ�.0 � o d�¢ m o �� H � U� z � 0 U Z ¢ O x � z 0 J 1. THIS EASEMENT LIES WITHIN A FEDEHAL EMERGENCY MANAGEMENT AGENCY UESIGNATE[1 F'LOOd PLAIN OR �,1 �j FLOOD PRONE ApEA AS OESIGNATEO ON THE FLOOD PARCEL 3 5�� L' — F+ PANELA4812SC0370AG,E�FECTNVENDA�ENAPRI�LMiB�2011. BEING A 46,054 SQ.FT./1.06 ACRE DRAINAGE EASEMENT IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS .^ Graham Associates,lnc. ((�� CONSULTING ENGINEERS dc PU►NNERS \L!11 E00 SIX FU03 ORIVE, SUI7E 600 �+� utuHOrot�, �x�s �aoti (e��) e�o-esaa T9PE flRMt F-11Y1/T9PLS F1RA(� 101539-00 SURVEY, � GflAPHIC SCALE !"=l00' 0 50 100 150 DATE: FEBRUARY 2012 J/Oenton/P35-OE-2 PAGE 2 OF 5 , . ,: � SAVE 6 EXCEPT TRACT 3 JACK ARLYN PARKES VOL, q073, PG. 1207 O.R.D.C.T. � �` EXHIBIT "A" to Ordinance (Property Interests) SEE SHEET �� ,, � i� � I , ,' � i� � --� � i JACK ARL.YN PARKES VOL. 4073, PG, 1207 O.R,D.C,T, \ �� 100 YR �� FLOODPLATN � � \��/� �\ Nores: SEE eASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) SiATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, I ( � � � � � � � � � � I I � I 0 v � u� n w 0 Q � SHEET 3 �� O a 0 a 12'56'iB" B52.50' 96.67' 192.51' =SOB'29' 09 =192.10' 1 1. THIS EASEMENT LIEB WITHIN A FEDERAL EMEpGENCY MAMAGEMENT AGENCY OESIGNATED FLOOD PLAIN OR FLOOD PRONE AREA A5 OESIGNATED ON THE FL000 INSUAANCE RATE MAP FOR oENTON COUNTY CUMMUNITY PANEL 48921C0370 G,EFFECTIVE DATE APRIL 18,2011. PARCEL 35—DE--2 BEING A 46,054 SQ.FT./1.06 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNERS E00 SIK FlAOS DRIVE, 6UI1E 600 ARUNOTON� 1EXA8 7E011 {B17) E10-8635 TBPE FlRMi F-1161/TBPLS FlRM: 10163e-oo SURVEY, � OpAPHIC SCALE f'=f00' 0 50 �00 150 DA7E: FEBRUARY 2012 J/Oenton/P35-DE-2 IPAGE 3 OF 5 � ,`� N21 '36' 50"W — 102.48' N01'!7'40"W 155.49' TOMMY R. HOLAMON VOL. 5164, PG. fi4! D.R.�.C.T. .` , `, ` EXHIBIT "A" to Ordinance (Property Interests) N71'10'47"E 70.67' i� � �� \\� \\�S\ s�. �\ �` f� � � '`. � • � ` �.� c�9 � . \ .�:\;)� , \ ` �,`.,\ � ` \ .,� �` \� 1 `�\;\ ; ,\ `\ ; � ,. \\\ . 1 ��\ `\`. ��\. \ -.�' ,, ` �� `�. 1. � \ � � y\ j' Y y ,� � . , �•� � f�y2q9 ,5 \� _1;1 `r' Q 0� �$„ ,y r- g7 � I ;� i' � �� ; i � �� . 1• BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-B3j STATE PLANE CODRDTNATE SYSTEM, TEXAS NORTH CENTRAL, 1 i 1 � SEE SHEET 2 POINT UF BEGINNTNG JACK ARLYN PARKES VOL, 4073, PG. 1207 O.R.�,C.T. S33'05' 49"w 54.95' .' �'' N;cKOPV �� - -- - PppA� / MARVIN HENDEASON E57ATE TRUST DOC. N0. 96-R0055800 6.R.D.C,T. �O� °� Op y <q � \ rn � v 3 m � �~ � ! / � ��. �0 a �� NOTHS: 1. TFtIS EASEMENT LIES WITHIN A FEDERAL EMEAG�NCY MANAGEMENT AGENCY DESIGNATEO FLOUD PLAIN Op FLOOD PRONE AREA AS OESIGNATEO ON THE FLOOD IN5URANCE RATE MAP FOR OENTON COUNTY COMMUNITY PANEI. 4812SC0370 G, ��'F'ECTIVE OATE APRIL fe, 2011. PARCEL 35--DE-2 BEING A 46,054 SQ.FT./1.06 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENT4N COUNTY, TEXAS .^ Graham Associates,lnc. CONSULTING ENGINE�RS dc PLANNERS 1t71 E00 91X FLAOS DRIVE, BUITE 600 �'�� ARIJNOTON, TEKAB 76011 (B17) 040-8638 iBPE FlRMt F-11o1/TBPLS FlRM: 1U16'JB-00 SURVEY, � GRAPHIC SCALE i'-100' 0 50 100 150 DATE; FEBRUApY 2012 J/Denton/P35-DE-2 Page 4 of 5 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35-DE-2 LEGAL DESCRIPTION DRAINAGE EASEMENT Being a 1.06 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of tY�at 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton Couniy, Texas, and being more . particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land convayed to Jack Parkes and wife Betty Parkes, as recoxded in Volutne 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variabla width R.O.W,), and the existing south right-of-way line of Roselawn Drive (having a variable width R,O.W,); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R,O.W.), also bein.g the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Reoords, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16,83 feet to a point for corner; THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right- of-way line, a distance of 315.51 feet to a point for corner, said p�int being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); . THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755.40 feet to a point for corner, for the being the beginning of a tangent curve to the right having a radius of 852.50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09" West, 192.10 feet; THENCE continuing along said proposed west right-of-way line, and along said tangent curve to the right, an arc distance of 192.51 feet to a point for corner; THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a distance of 486.92 feet to a point for corner; THENCE North 77°03'42" West, ieaving said proposed west right-of-way line, a distance of 184.47 feet to a point for the POINT O� BEGIlVNING; THENCE South 33°OS'49" West, a distance of 54.95 feet to a point for corner; EXHIBIT "A" to Ordinance (Property Interests) Page 5 of 5 THENCE South 74°08'18" West, a distance of 249.51 feet to a point for corner, said point being in tl�e west line of said Jack Arlyn Parkes iract and being in the east line of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume S 164, Page 641, Deed Records, Denton County, Texas, being a common line; THENCE North Ol°17'40" West, along said common line, a distance of 155.49 feet to a point for corner; THENCE North 21°36'50" West, continuing along said common line, a distance of 102.48 feet to a point for corner; TI�NCE North 71°10'47" East, leaving said coinmon line, a distance of 70.67 feet to a point for corner; . THENCE South 56°54'11" East, a distance of 291.72 feet to the POINT OF BEGINNING and CONTAINING 46,054 square feet, 1.06 acres of Iand, more or less. PAGE 1 OF 5 0 �m • �xm ^ 3; �,� p;' V �,. ¢: a�.�o �', y�oR O, ?k �4 � 3� �o w; � �m, Q, :�o�� . fI�AO��C A/�A�lI1� 507 •04' 48' W 15.83' POINT OF COMMENCING FNO 1/2^ r.R SAVE 6 EXCEPT TFACT 1 JACK ARLYN PARKES VOL. 4073, PG. 1207 o.R.o.c.T. �-;=..F:: EXAIBIT "A" to Ordinance (Property Interests) THE CHAMBERLAIN TRUST VOL. A522, P0. 1336 o.a.o.c.r. ROSELAI�T DRNE' . _ .. � - . .,,IVARIABLE WIOTH R.O.W J • •-• �N90'00'bO�E 315.51' I 11 `` , i�� 945�8 28 E � ` 11 ,. I I I 1` + � �1 . '� � � l�O NNl \ �, I ! i?i `° � 1 p" � ; �oN x� �Q� � I��NI1 IH � �' W� 1 p� � Q � I 11 � h I 1 � i�� al I� 1` I� % �� I °- � W �1 �1 � 1 1 i� ti 0 / I � I o � � � � I � n 1 � ! � �� , 1 _ _. . _ � , , �, 1 , �i� � � ' '�� CROSSTEX ESMT J r _— J— � � " ' � �VOL,5292, PG, 1318 ' ' - � i�J..l._0_F_D.C.T. _--a— .__...---- � L.. _ .__ � ' , i i II ' � li i I I � ��O , � � ! JACK ARLYN PARKES I I I �v�p# VOL. 4073, PG, 1207 I I I O,R.D.C.T, � � � a�� r' � p P�l ;I � a a BASIS OF BEARING IS NORTH AMERICAN �ATUM '' OF 1983 (NAO-B3) STATE PLANE COOROINATE SEE SHEET 2 SY57EM, TEXAS NORTH CENTRAL, U Z H z 0 H F- Q O z a� O N �� ' • r �� • v a c� � a o�°C m o �J H � U � z � 0 U z ¢ 0 _ co z 0 J NDTES: 1. THIS EA3EMENT LIE5 WITHIN A FEOERAL EMERGENCY MANAGEMENT AGENCY DESIGNA7ED FL00� PLAIN OR q F1.00p PRONE AHEA AS OESIGNATED ON THE FL000 PAR C E L 3 5` � E� �l PANELA48121C037QAG,EFFECTIVENDATENAPRILM98N2011, BEIN'G A 12,344 SQ.FT./0.28 ACRE DRAINAGE EASEMENT SYTUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, ' TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS 3c PLANNERS 000 SIK FL/1f33 ORIVE, SUI7E S00 AALJNOTON, 1EXAB 76011 (817) E�0-e636 TBPE FlRMt F-11Y1/tBPLS FlRM� 101638-00 SURVEY, n GRAPHIC SCALE 1'+f00' 0 50 f00 150 OATE: FEBRUARY 2012 J/oentan/P35-oE-3 PAGE 2 OF 5 EXHIBIT "A" to Ordinance (Property Interests) SEE SHEET ,, i ;', ' i , ,� i . .'' i �� .�:. ;�, , JACK ARLYN PARKES VOL. A073, PG. 12a7 D.R.D,C.T. \ � 100 YR � � � � FLpO�PLAIN � � / . ��---�/ \\ NOTES; SEE BASIS OF BEARING I5 NORTH AMERICAN OATUM OF 1983 (NAD-83j 57ATE PLANE COORDINATE SYSTEM, 7EXAS NORTH CENTRAL, __i i � � � i i 0 � � � � 'W 0 0 0 0 0 � 1 �� a °�� 0 a 0 a a SHEET 3 56'1B" 50' 7' 5i' •28'0 "W .10' 1. THIS EASEMENT LIES WITHIN A FEDEFAL EMERGENCY MANAGEMENI' AGENCY DESIGNATEII FL000 PLAIN OR FL000 pqONE AREA AS DESIGNATEO ON THE FL000 IN5URANCE RATE MAP FOR DENTON COUN7Y COMMl1NITY PANEL 48129C0370 G,EFFECTIVE ❑ATE APRIL 18,2011. PARCEL 35—DE-3 � BEING A 12,344 SQ.FT./U.28 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSOI�I' SURVEY, n ABSTRACT N0. 400, DENTON COUNTY, TEXAS .^ Graham Associates,lnc. CONSIILTING ENGINEERS dc PIANNERS \\!J � 60D SIX FLA09 CRIVE, SUITE 600 �'r ARUNaTON, IEXAS 7a011 (B17) a40-Bfi36 7BPE FlRMi F-1fo1/1BPLS FlRA(1 1D1638-00 OpAPHIC 9CALE 3•=100' 0 50 100 150 DATE: FEBRUARY 2012 J/Dentan/P95-DE-3 PAGE 3 OP 5 , ,: , y` \ 1, \1 � 1` TOMMY R. HOLAMON VaL. 5164, PG. 641 D.R,D,C.T. 3 O� `r o �� ' 0 Z 1 - - `� . ;� � �' : �� • g6' S1, ;� �7�1�-� .� \I 1` \ \ i � �,., .\, \ N 1 �` , �,� , `�'� '•, � ,�"� .ZA , i ��9 ' . - � , � BA5I5 QF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAO-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, EXHIBIT "A" to Ordinance (Property Interests) SEE SHEET 2 � JACK ARLYN PARKES •. VOL, 4073, PG, 1207 D.R.D.C.T. i i i� i S08'54' 19"E NtcK°ay �� 65 � �0 � ppPP� ' / 5eo �,Q � i6,�w 225. 3b' -557 '03' 37"W 29.84' `POINT OF BEGINATING :� IN tn / � �� O �� . � a � a MARVIN HENDERSON ESTATE TRUST f I DOC. N0, 96-R0055B00 ( p.R.D.C.T. J 1 NOTES: 1. THIS EASEMENT LIES WITHIN A FEOERAL �MERGENCY MANAGEMENT AGENCY DESIGNA7Efl PLOOD PLAIN OR FLOOD PRONE AqEA AS nESIflNATEO ON THE FLOOD IN8LIRANCE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48f21C0370 G,EFFECTiVE OAT� APRIL 18,20fi. PARCEL 35—DE-3 BEING A 12,344 SQ.FT./0.28 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABST�tACT N4. 400, DENTON COUNTY. TEXAS .^ Graham Associates,lnc. CONSULTING ENGINEERS dc PLANNERS � A00 SIX FLAOS DRIVE, &UITE 000 AR�NOTON, TEXAS 7d011 817 a�/0-8838 7BPE FlRMf F-11o1/7BPLS R: 101636-OD ORAPNIC SCALE !'�100' 0 50 100 �60 DATE: FEBRUARY 2012� J/Dantan/P35-DE-3 Page4of5 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35-DE-3 LEGAL DESCRIPTION DRAINAGE EASEMENT Being a 0.28 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denion County, Texas and beinig a portion of that 42 acre tract of lan.d conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast coriner of a tract of land conveyed to 7ack Parlces and wife Betty Parkes, as recorded in Volume 5022, Page 3438, 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.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204,70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.�.W.), also being the northeast corner of a tract o£ land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, TI�NCE South 07°04'48" West, along said proposed south righi-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right- of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with tl�e proposed west right-of-wa� line of Bonnie Brae Street (having a 95' R.O,W,); THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE Sauth 00°00'd0" East, along said proposed west right-of-way line, a distance of 755.40 feet to a point for corner, for the being the beginning of a tangent curve to the right having a radius of 852,50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09" West, 192.10 feet; TI3�NCE continuing along said proposed west right-of-way line, and along said tangent curve to the right, an arc distance of 192.51 feet to a point for corner; THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a distance of 761,45 feet to a point for corner, said point being in the south line of said Jacic Arlyn Parkes tract and being in the north line of a tcact of land conveyed fo Marvin Henderson Estate Trust, as recorded in Instrument No, 96-R0055800, Deed Records, Denton County, Texas, being a common line; TFIENCE South 80°10'16" West, leaving said proposed west right-of-way line, and along said common line, a distance of 225.36 feet to a pount for corner; EXHIBIT "A" to Ordinance (Property Interests) Page 5 of 5 THENCE South 57°03'37" West, continuing along said common line, a distance of 29.84 feet to a point for the POINT OF BEGINNING; THENCE South 57°03'37" West, continuing along said common line, a distance of 159.24 feet to a point for corner, said point being the southwest corner of said Jack Arlyn Parkes tract and being the southeast corner of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton County, Texas, being a common line; THENCE North O1°17'40" West, leaving said north line of said Henderson txact, and along said common line, a distance of 120,00 feet to a point for corner; THENCE North 76°16'S1" East, leaving said common line, a distance of 130.00 feet to a point for corner; THENCE South 08°54'19" East, a distance of 65.00 feet to the POINT OF BEGINNING and CONTAINING 12,344 square feet, 0,28 aores of land, nr�ore or less. O S'� � ` PAGE 1 OF 2 �m z��v ,.; Q� 3i fnqV, � di ' ��.4U Ch'� �� a �`�° ,?� �o�r I�Uw �Q 3 � I li . �`. ��'�� ;��. + '�' ----��' -----r -------'- --- ---'-'--' -_-'• .�.�---------- rTr�- ri��--RO5EI�AlYN IfRI11E- --�---�`�`----- ,. i;��,.- ------ --��,��VARIABL�_WIDTH_R�91��?-----��1�-'------ - - __ _.�;:. !9'48-'E_J�64'.70'---�--,; - : ... --- . . ; , �•, . EXHIBIT "A" to Ordinance (Property Interests) THE CHAMBERLAIN TFUST VOL, 4522 PG. f336 D.R.d.C.7. S90 '00' 00"E �o o�� S07 'OA' 48 "W l6.B3' POINT OF COMMENCING FNO 1/P" I.R SAVE 6 EXCEPT TRACT i JACK ARLYN PARKES VOL. 4073, PG, l207 �.R.O,C.T, r,;: �, , _ - 'A . . � 5-': - r �.. �, �� _� i �I a 1. ov \ � C , �� POINT 0�' \ 1;\ S�6344542 W BEGINNING � � � � �� N40 '26' 30"W �� j 37.88' 1 I y AI I � I � � 1 ia� ., I � � i/ I � !% I / � �� I/ I � I � I I �. — v" �- i I I � �� I� CROSSTEX ESMT � � � �VOL.5292, PG, 1318 I I—�-�--o—a—o,S.,L—�-- L__J � � � � �� JACK ARLYN PARKES II VOL. 4073, PG. 1207 II D.R.D,C.T, �� l� 11 !1 �1 � � ` 1 � l + � 1 � rri ��jN ;p N�� o• m1 x 11� ��, 1 � � 1 � � I1` 1 � l ti 1 � ` � ^ 1 � �C ` � --�� 1 1�f � — �-�- — � � ' `� � � a I .I � � � 1 � I I � � I I � � � � � � � � v z N Z 0 � a 0 � o �O �N LL7 � ~ V d U N .o oQ¢ m o J � H � U � Z � Q U Z � O f.D Z 0 J BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COOADINATE SYSTEM, TEXAS NORTH CENTAAL. PARCEL 35—TCE-1 HEING A 876 SQ.FT. 0.02 ACRE TEMPORARY CONST UCTION EASEMENT SITUATED IN THE �iAMES EDMONSON SURVEY, n ABSTRACT N0. 400, DENTON COUNTY, TEXAS aRAPHIC BCALE �•��oo� � Graham Associates,lnc. CONSULTING �NGINEERS dc PLANNERS aao six Fu,as oRive, sui� eoa ARLINOTON, 1EKAS 760H (817) E40-883g 1EPB FlRMt F-11o1/1BP19 FlRMt 101638-00 0 50 100 950 DATE: I7ECEMBER 2011 J/Denton/P35-TCE-4 Page 2 of 2 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35-TCE-1 LEGAL DESCRIPTION T�MPORARY CONSTRUCTION EASEMENT Being a 0.02 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particulaxly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being ihe southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bannie Brae Street (having a variable width R.O,W.), and the existing south right-of-way line ofRoselawn Drive (having a variable width R,O.W.}; THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the pxoposed south right-of-way line of Roselawn Drive (having a variable � width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of-way line, a distance of 81.87 feet to a point for carner, being the POINT OF BEGINNING; THENCE South 90°00'00" East, continuing along said proposed south right-of-way line, a distance oi 46.83 feet to a point for corner; THENCE South 33°45'08" East, leaving said proposed south right-of-vs�ay line, a distance of 11.60 feet to a point for corner; THENCE South 56°14'S2" West, a distance of 34.54 feet to a point for corner; THENCE North 40°25'30" West, a distance of 37.88 feet to the POINT OF BEGINNING and CONTAINING 876 square feet, 0.02 acres of land, more or less. PAGE 1 OF 2 � � ti ti �� , ,� I 3 W ��' ,�� ; EXHIBIT "A" to Ordinance (Property Interests) E CHAMtlEpLAIN TRU5T OL, 4522, PG. 1336 O.R.D.C.T. rS90 '00' 00"E J 33.00' " •----�r,,.�� -- -----------,f. -� r ItOSEI�A1fN-IRRI{�E�--�--- -�----� ': " ff(�Il�'1r�OF---- ,- rr-- �,jr�---- '�\ sea•2a�easF-J6ci6J�n�-------------�'HE6�NNLNC.��/j��VARIABL_E_Y1i0TH R.,91�J�_____"JJ�J�______'_'___\ so� •oa � ae��w 16.83' PO1NT OF COMYENCING FND 1/2" I.R SAV� 6 EXCEPT TRACT i JACK ARLYN PARKES VOL, 4073, PG, 1207 o,a,o.c,r. '... �,i;R, _ . �,-.,:. `.i�' •; Z � - --� .� � � �, 0'A3'31"E N00'13'31"W '�� }' 11.02' . i1, 16' � � I � �� •L,i � 589336009��w �\ � I \�I 1ti � 4 I I Ipj � a I ; r'� � '// r / I �� I/ � � r � I �--�-' � � I �— —I� CROSSTEX E5MT J � � � �VOL.5292, PG.1318 I �—J.�-_D_R_D C.T.---- L__J � � � � II II �� JACK ARLYN PARKES II VOL , 4073, PG . 1207 � � �.R,D.C.T. �� li r� ir •1 1 i � 1 � l � 1 1 � 1 �1oWN1 �� 1 o�" �1 �1 �m �1 �1 r�� ll � 1 � �� , � 1 1 y 1 � 1 1 � 1 � �c � 1 — — ��.. _ � �1, �� 1 I � I �I � ( °a � � �Q � � w I 1 � � � � I I I I I I I I I I � z H Z O H � a a z �� o N L� � ~ •H �� dU N .o o�°C m o J J No U � Z � 0 U Z � 0 _ c� Z 0 J BASIS OF BEARING I5 NORTH AMERICAN OATUM OF 1983 (NAD-83) STATE PLANE COOR�TNATE SYSTEM, TEXAS NORTH CENTFAL. PARCEL 35—TCE-2 BEING A 366 SQ.FT. 0.01 ACRE TEMPORARY CONST UCTION EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT N0. 400, DENTON COUNTY, TEXAS OpAPHIC SCALE �•e�oo� ■^ Graham Associates,lnc. CONSULTINf3 ENGINEERS dc PLANNERS \t�J� E00 SIX FLAOS DRIVE, SUITE 800 �� ARLINQTON, 'fE1fA8 7A011 (917) E40-86�8 iBPE FlRMa F-11B1/1BPLS �IRAff 101639-00 60 100 150 DATE; DECEMBER 2011 J/Denton/P35-TCE-1 Page 2 of 2 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 35-TCE-2 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Being a 0.01 acre tract of land situated zn the James Edmonson Survey, Abstract No.400, Denton County, �Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn �arkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volurne 5022, Page 3438, 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.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 %�t to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of lan.d conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, alang said proposed south right-of�way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of way line, a distance of 158.70 feet to a point for corner, being the POINT OF BEGINNING; . THENCE South 90°00'00" East, continuing along said proposed south right-of-way line, a distance of 33.00 feet to a point for corner; THENCE South 00°13'31" East, leaving said proposed south right-of-way line, a distance of 11.02 feet to a point for corner; THENCE South 89°46'29" West, a distance of 33.00 feet to a point for corner; THENCE North 00°13'31" West, a distance of 11.15 feet to the POINT OF BEGINNING and CONTAINING 366 square feet, 0.01 acres of land, more or less, PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), 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 Jack Arlyn Parkes and wife, Betty Parkes (collectively referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Jack Arlyn Parkes and wife, Betty Parkes are the Owner of a tract of land (the "Land") in the James Edmonson Survey, Abstract Number 400, being affected by the public improvement project called the Bonnie Brae Street Widening and Improvements Project ("ProjecY'); 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 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 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 acicnowledged, 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 Slope Easement (herein so called), in, along, upon, under, over and across the tracts of land being (a) described in Exhibit "A"; (b) described in Exhibit "B"; and (c) described in Exhibit "C, respectively, to that certain Slope Easement (the "Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for slope purposes, as more particularly described therein; (iii) a Drainage Easement (herein so called), in, along, upon, under, over and across the tracts of land being (a) described in Exhibit "A"; (b) described in Exhibit "B"; and (c) described in E�ibit "C", respectively, to that certain Drainage Easement (the "Drainage Easement Lands"), attached herein as Attachment 3 and made a part hereof, for drainage purposes, as more particularly described therein; and (iv) a Temporary Construction, Grading and Access Easement (the "Temporary Easement"), in, along, upon, under, over and across the tracts of land being (a) described in Exhibit "A"; and (b) described in Exhibit "B", respectively, to that certain Temporary Construction, Grading and Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 4 and made a part hereof, for temporary construction, grading and access purposes, as more particularly described therein (the Slope Easement Lands, the Drainage 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 Slope Easement shall be in the fortn and upon the terms as attached hereto and incorporated herein as Attachment 2; (iii) the Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 3; and (iv) the Temporary Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 4" (the Slope Easement, the Drainage Easement and the 2 Temporary 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 jointly to Owner at Closing the sum of Two Hundred Fifty Five Thousand One Hundred Sixteen and No/100 Dollars ($255,116.00). The monetary 3 compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. In addition to the Total Monetary Compensation, and being a component part of the Project, the City sha11 reconstruct, at its sole cost and expense, those areas of driveway approach and driveway aggregate within the Easement Lands. The driveway approaches shall be reconstructed in a workmanlike manner, using materials comparable to that of the existing driveway materials found. 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/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 Driveway Work 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, value of, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any 4 other structure or facility of any kind within the Easement Lands and/or 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, 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 Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem taaLes 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 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 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 `Bffective 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 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 speciiic 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 sha11 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 Temporaxy Easement Lands, prior to the termination of the Temporary Easement. 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: O WNER: Jack Arlyn Parkes and wife, Betty Parkes 3129 South Bonnie Brae Street Denton, Texas 76207-2209 Phone 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) 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. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easements. 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 Property, City may, at its election, terminate this Agreement at any time prior to Closing. 7 16. 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 and/or the termination date of the Temporary Easement, 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: � GEO GE C. CAMPBELL, CITY MANAGER Date: �` � , 2012 ATTEST: JENNIFER WALTERS, CITY SECRETARY : Date: V ` ,%� ��' � _ , 2012 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: i��—�C Date: �i3O�• `� z6 , 2012 8 OWNER: JACK ARLYN PARKES BETTY PARKES Date: , 2012 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acicnowledges 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 Telephane: (972) 206-7570 Telecopy: (972) 206-2870 : Printed Name: Title: Contract receipt date: , 2012 10 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 JACK ARLYN PARKES and wife, BETTY PARKES (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 axe hereby acicnowledged 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 all 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, seismie 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 tertn "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 WARIZANT 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 THE STATE OF TEXAS COUNTY OF DENTON day of , 2012. � � JACK ARLYN PARKES BETTY PARKES ACKNOWLEDGMENT This instrument was acknowledged before me on 2012 by Jack Arlyn Parkes. THE STATE OF TEXAS COUNTY OF DENTON � �y , Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT This instrument was acknowledged before me on , 2012 by Betty Parkes. 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: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 PAGE 1 OF 5 � M -• z a. �� o, 4i4�c��' a: ayaU �� ti� q'��cJo o • �O � 3 U� �� J 3p �H �� THE CHAMBEALAIN TRUST VOL. q822, P0. 933E D.R.O.C.T. POINT OF �EGINNING SET 9 2' I.R. E � ' RO�ELAiiN DBNL ` ,.'.._ _. , ..,�ARIABLE WIbTH B.O.W,: '. _�,o.,,� N07'04' 48"� i6.83' POINT OF COM�ENCING FND 1/2" I.R SAVE 5 EXC�PT TRACT 1 JACK AALYN PARKES VOL, q073, PG, 1207 O,R,O,C.T. a.� `+j,• (_�• vr�.J , 'lY ti�.- r '` nj ' �•� . �, ,�x- JACK ARLYN PARKES VOL. 4073, PG. 1207 D.R.D.C.T. NOTE; SET 1/2" I.R. W/ GAI CAP TO BE SET AT EN� OF CONSTRUCTION, NOTE; APPROX, 2,91 AC. LIES WITHIN FLOODPLAIN '00' 0 CAPR �` 1 � A �: ' �' I a. . , ISTING ROW �'48"E 4� �— N45 •00' 00 "W z8,28� EXHIBIT "A" - Page 1 of 5 FND WQQOEN POST 10' � ti, � 1 ' y �•. ` 1 ' ` L 1 1�0�0� 1� �,Y''�,'� �� i � PROPDSEb ROW � 11 W�,� ; � 1 � �{ 1. 1 l '� � �� .1 � ' l L �'__`l : f I �— —�� CROSSTEX ESMT J � � 'VOL.5292, PG.1318 < I1– �-1--o–R–°,�.�–._ _ s L__J ; � ; i . ; I� .-, ` , � �` � `1 1 �a 1 ' 1 � t. ` � .�_�.��; � � �! � _� � — I I �� I I a :I I i i .` ` { � ( � � � � � N �`1 �s-I c�Dn �i w � � 'v I�17 O 0 � �i z H Z O H � Q a Z _� � N LL� ~ •H �� . �ac� � O o�� m a J J H � U� Z � 0 U z � 0 s c� Z 0 J � 1, A PORTION OF THIS DEDICATION LIES WITHTN A FEDERAL SEE SHEET 2 EMERGENCY MANA'GEMENT AGENCY OESIGNATEO FLOOD PLAIN OR FL00❑ PRONE AREA A5 pESIGNATED ON THE FL00� INSURANCE BASIS OF BEARING IS NORTH AMERICAN OATUM RATE MAP FOfi OENTON CDUNTY COMMUNI7Y PANEL 48121C0370G, OF 198� (NAO-83) STATE PLANE COOROINATE EFFECTIVE DATE APRIL 18,2011. SYSTEM, TEXAS NdRTH CEN7RAL, PARCEL 35—ROW— i BEING A 32U,390 SQ.FT./7.35 ACRE RIGHT—OF—WAY DEDICATION n SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON CDUNTY, TEXAS GRAPHIC SCALE �•d,00• .^ Graham Associqtes,lnc. 0 50 �oo �50 �CONSULTINO ENGINEERS dc PUINNERS eoo six rucs oR�ve, sui� soo ARllNOTON, 1EXAS 7e011 B17 a40-8836 IEPE FlRM� F-1191/TBPLS R� �ot�ae—oo DATE: FEBRUARY 2012 J/�enton/P36-ROW-i PAGE 2 OF 5 �� .:�-� .S�' , -�:�.;`.. . r.; �'r,� • ��h JACK ARLYN PARKES VOL. 4073, PG, 1207 D.R.O.C,T, NOTE: SET 1/2" I,R, W/ GAI CAP TQ BE SET AT ENb OF CONSTRUCTION. / ^�1 �..� �� `� NOTE; APPROX. 2.91 AC. LIES WTTHIN FLOODPLAIN PROPOSEO 3ET 9/2" I,R. W/GAI CAP 0= 12'56' 18" R�852.50' T=96,67' L=192.51' Cb°N06 •28' 09"E Lc�192.14' ser i/2" r.A W1GAI CAP EXHIBIT "A" - Page 2 of 5 '� 1 '•. i I � � 4, I. i� � o i � .. �. � , , � � � , `�. :;.. ' I I n �`. p� � I '.,\ I � �.. . �a' ' ; I I � , . °�ps, �E, a' `� ,I I o � ��.�,�• °° . I I O I I o `� I � i O , Z ��''. 'i. � � �r��', \I'� � . � .. .� �`•... � I ., . I �� `� �.� `� � �� \�� I .� \� � `` \ �,��. \ .I �.� I I. :�, �' ;l� i � '� ; ''!. . ,�`�.\ 1 ��. `\\ , .\ .PI \�`\ ' c•/ ^ 1•;�\ � ��•.` �� '� •,, �� , . m �� ` .� ,1 ; � �-Ni �\ •r ' .,\ Z �,��_\ '•. � � � � •��,�� , SEE SHEET 3 1. A PORTION OF THI5 �EDTCATION LIES WITHIN A FEDERAL EMERGENCY MANA6EMENT AGENCY DE5IGNATED FLOOD PLAIN OR FL�OD PRONE AREA AS DESIGNATED QN THE FL�OD INSURANCE RATE MAP FOR DENTON COUNTY C�MMUNITY PANEL A8121C0370G, EFFECTIVE DATE APRIL 18,2011. � ' I � �•,�t �+ I\ W � j� I �' :' �l � 'j o I N �I !, I \ � ,I ��, I ''I �`�: \ I I ,�� `�,��.m � •, I�m I �, \' ' �Waci � ..�r�ti°,� a IUJ I _ �'•� � U Z H z 0 H a 0 z �� ON LL � F- �; �� . °ac� N Q o • O q ¢ m •O J "'� H � U � Z � 0 U z ¢ 0 x c� Z O J BASIS OF BEARING I5 NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEhS, TEXAS NORTH CENTRAL. PARCEL 35—ROW-1 BEING A 320,390 SQ.FT./7.36 ACRE RIGHT—OF—WAY DEDICATION SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Grahdm Associates,lnc, ■ CONSULTINO ENGINEERS ec PLANNER5 E00 SIX FLAOS DRIVE, SUITE 800 7BPE FlRMt iFE-�1191/iBPLS FI�R� 1 639�00 SURVEY, I7 GRAPHIC BCALE f'�l00' 0 60 100 150 DATE; FEBRUARY 2012 J/Dentan/P35-AOW-i EXHIBIT "A" - Page 3 of 5 PAGE 3 OF 5 SEE SHEET 2 �// `\ � � � / '�<o�� I 1 °�A�''9 . ,� I I A�y � � ' I I \ -� r,�� I`� J �. ' I I PRbPOSED flOW ' �'' I I / JACK ARLYN PAFIKES VOL. 4073, PG. 1207 O.R.D.C.T. . >, f�. I ��`�-' ��+ ..f r� ;f ;r �`=' .+; Y' �E� `°' �� CP ;:� ^. � ''c� ,� ° � �;�K�P "t,:, ;� � ppPA� , ' 3ET 1/2" I. R. � • W/GAI CAP / a lp � W W H : / N Z � � ,. I � � � � O I I � � � ' �a` I I / � .,'. ' • . . � � � � • , � I I�� •i �i� �' ' �Wa�� ♦ , . I�NOI � . � i' . INN�I � N C�, ,•• �'' I�J°I � � � 'a� � � I I �4 I I . I I • I I � I I . � � . . � � , ' r '. . . . � � � � � � � � •, • ' �� . . . . . . . _ •y' 1. A PORTION OF THIS DEDICATION LIES WTTHIN A FEOERAL EMERGENCY MANAGEMENT AGENCY OESIGNATED FLOOD PLAIN OR FL000 PRONE AREA A5 DESIGNATED bN THE FLODp INSURANCE RATE MAf' FOR DENTON COUNTY COMMUNITY PANEL 48121C0370G, EFFECTIVE OATE APRIL 18,2011, /' 1 / U \ / z ` H N � � l0 ID a-� �w h � d' 117 O � I/ MARVTN HEN�ERSON ESTATE TRUST DOC, N0, 96-R0055B00 D,R,�.C,T. Z O H r a n Z �� O N �� H � � • �aci � o o�¢ m � J -� H � U 2 _ 0 U z � � _ z 0 J i 2" I.R. I CAP NOTE: 5ET 1/2" I.A. W/ GAI CAP TO 6E SET AT END OF CONSTRUCTION. NOTE; APPROX. 2,91 AC. LIES WITHIN FLOODPLAIN BA5I5 OF BEARING IS NORTH AMERICAN bATUM OF 1983 {NAD-83) STATE PLANE COOfIDINATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 35—ROW-1 BEING A 320,390 SQ.FT./7.36 ACRE RIGHT—OF—WAY DEDICATION SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, Graham Associates,lnc, DENTON COUNTY, TEXAS . CaNSULTING ENGINEERS & PLANNERS A00 61k FLAas pRIVE, SUITE EoD ARLINOTON, 1EXAS 760H 1817) 010-863e iBPE FlRMt F-NO1/1BP1.8 F1FM� 101a.78-00 SURVEY, � GRAPHIC SCALE S'�100' 0 50 100 150 DATE: FEBAUARY 2012 J/Denton/P36-ROW-3 Page4of5 PARCEL 35-ROW-1 LEGAL DESCRIPTION RIGHT-OF WAY DEDICATION EXHIBIT "A" - Page 4 of 5 Being a 7,36 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton Counry, Texas and being a portion of that 42 acre tract of Iand conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said poizit being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right�of-way Iine of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of way line of Roselawn Drive (having a variable width R,O.W.); THENCE South 89°29'48" East, leaving existing said west xight-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a set 1/2 inch iron rod with GAI cap for the POINT OF BEGTNNING, said point being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, ' THENCE South 89°29'48" East, continuing along existing said south right-of-way line, a distance of 462,10 feet to a found wooden post for corner, said point being the northwest corner of a tract conveyed to Longhorn Council Boy Scout Foundation, Inc, as recorded in Volume 450, Page 526, Deeds Records, Denton County, Texas, being a common line; THENCE South 00°54'17" East, leaving existing said south right-of-way line and along said common line, a distance of 1661,12 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the southeast corner of said Jack Arlyn Parkes tract and being in the north line of a tract conveyed to Marvin Henderson Estate Trust, as recorded in Instrument. No. 96- R0055800, Deeds Records, Denton County, Texas; TI�NCE South 80°10'16" West, along said north line, a distance of 352.17 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE North 12°56'18" East, leaving said north line, and along said proposed west right-of- way line, a distance of 761.45 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a tangent curve to the left having a radius of $52.50 feet, a central angle of 12°56'18", and a long chord which bears North 06°28'09" East, 192.10 feet; THENCE continuing along said proposed west right-of-way line, and along said tangent curve to the left, an arc distance of 192.51 feet to a set 1/2 inch iran rod with GAI cap for corner; THENCE North 00°00'00" West, continuing alor�g said proposed west right-of-way line, a distance of 755.40 feeY to a set 1/2 inch iron rod with GAI cap for corner, said point being the most southerly point of a corner-clip; EXHIBIT "A" - Page 5 of 5 Page 5 of 5 THENCE North 45°00'00" West, Ieaving said proposed west right-of-way line, an.d along said corner-clip, a distance of 28.28 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O,W.); THENCE North 90°00'00" West, along said proposed south right-of-way line, a distance of 315,51 feet to a set 1/2 inch iron xod with GAI cap for corner, said point being in the aast line of the save aud except Tract lof Jack Arlyn Parkes tract; THENCE North 07°04'48" East, continuing along proposed south right-of-way line and along said east line, a distance of 16.83 feet to the POINT OF BEGINNING and CONTAINING 320,390 square feet, 7.36 acres of land, more or less. 6�Srl 7 � -- - - 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 PUSLIC 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 Jack Arlyn Parkes and wife, Betty Parkes (collectively, "Grantor"), whose mailing address is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, 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 GR.ANT, 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 James Edmonson Survey, Abstract Number 400, to wit: PROPERTY DESCRIBED IN EXHIBIT "A", EXHIBIT "B" AND EXHISIT "C", RESPECTIVELY 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 malcing additions to, improvements on and repairs to said lateral slope 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 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, 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 our hands, this the day of , 2012. 2 Grantor: Jack Arlyn Parkes Betty Parkes ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Jack Arlyn Parkes. Notary Public, in and for the State of Texas My Commission Expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Betty Parkes. Notary Public, in and for the State of Texas My Commission Expires: 3 2012, by 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 4 PAGE 1 OF 4 �m 2,� r? -� � Q� �i ��. � ~ �+' ¢ti U �., �; xmo� �~� 7� �� ' 3; ,�� "�^-- <<S� �e., ..,., , .e <<<r•---- — ------ i-20��0'----• --- 507 '04' 46"W 16.83' pOINT �F' CObI�ENCING FNn 1/2" I.R SAVE 6 EXCEPT TRACT 1 JACK ARLYN PARKES VOL. 4073, PG, 1207 tl.R.�.C,T� � � ��a�. ��. �i9' � �� 7HE CHAMBERLAIN TRUS7 VOL, 4622, PG, 1336 �.R.O.C.T, EXHIBIT "A" - Page 1 of 4 ` -----r ------- — ------,-•--- i---� ---r r�--R��SEI,AIiN�-DI�IV��-----___--- rrr�---- rjr�- ,, • T � --- ��1./_IVAqIABLE �VIDIN�H.•O,rWyl--------------��L�-----��1�.,--------- --�- -- � i�'� ,. - � — -,�` _� � � 'N90'�00'00"E� 3�15.59' 1 1 \ •� I S45'00'00"E � ', �. � i 2e.�e� � 1 '.,, .• i I � 1 � ' `� I �� '� I � � � �� Q4 � � � � � I i � la� 5 // �/ � / % I i � �� /l � ��I � � I � �� I I I I— —�� CROSS7EX ESMT � � � � �VOL.5292, PG, 1318 I��-1-1--D_R_O,C,Ix—___ I_ _� J � I N90 '00' 00"E —� � � 10 . 00 ' ��, I I �n�• I I r�� I I NI� I I �� JACK AFILYN PARKES I I ol:; VOL, 4073, PG. 1207 � � o�� D.R,O.C.T. - � BASIS OF BEARING IS NORTH AMERICAN OATUM OF 1983 (NAO-83) STATE PLANE COQRDINATE SYSTEM, TEXAS NORTH CENTRAL. � I o�; �1 �r Il ar / / zl••. 0 �a ly � � 1 1 g p} �p NN�I o• ml x ,; 31 1�� 3 1 Q � I11 � 1 � N 1 o , ¢° 1 � � 1� � 1 � 1 � P[1iNT OF' , ,1 SEE SHEET 2 PARCEL 35—SE—i BEING A 10,839 SQ.FT./0.25 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMUNSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. Cr� CONSULTING ENGINEERS dt PLANNERS E00 51% PLAaS ORIVE� SUt7E 600 �� ARL1NO70N, 1EXAS 78011 (017) 040-8636 IBPE FlRM7 F-1101/IBPLS FlRM: 101636-00 U Z H Z 0 H � a 0 z �� O N �� f- F � �ac� � o o. o�¢ 00 • o J J �..� O U � Z � 0 U z ¢ 0 x c� z 0 J SURVEY, n GRAPHIC SCALE �'�100' 60 100 150 DATE: DECEMBER 2011 J/�enton/P35-SE-i PAGE 2 OF 4 SAVE 6 EXCEPT TRACT 3 JACK ARLYN PARKE5 VOL, 4073, PG, 12tl7 D,R�D.C,T, ,�'��, �� ' ' �`s�� .�. SEE , . �� N00 •00' 00"W — 'f 237.51' �� i /// �i9��0��0�� _ .�/ 15.00' i . /� � li� m � ti 0= 10 '56' 03 " R=827.50' T�79.08' L�157.69' Cb=N05'27' 32"E Lc�157.44' JACK ARLYN PARKES N79'04'57"W VOL. 4073, PG. 1207 25.00' ❑.R.O.C.T. !f l00 YR _� � / � FLOOpp�AIN \ �� \ W 0 0 0 � � � i-► � O 0� �� . � O O QI EXHIBIT "A" - Page 2 of 4 Row U Z H z 0 H F a 0 z �� N �� F- � � �ati � _o o�d m ,a JJ M � c> > z � O U Z ¢ O _ C� z a J �� i a- 10 '55 � 03 " a R 852.50 ��` � � r�es,4�� I I L=i6�+2.44^q' ^ ',1 I I C�°�7Q5 �C / , 3C �� /'1 I I Lc-162.20' I I I I I I Iml I�� I �wa~� X V IFNOI I��;¢I I��'�I I"J I 0 > I I � { � � I 1 I I BASIS OF B�ARTNG I5 NORTH AMERICAN DATUM OF 19B3 (NAO-83) STAT� PLANE COOADINATE SYSTEhi, TEXAS NDRTN CENTRAL. PARCEL 35-5E-1 BEING A 10,839 SQ.FT./0.25 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS .^ Graham Associates,lnc. �%�� CONSULTING ENOINEERS dt PLANNERS \L�JI E00 6Df FLAOS DFIVE, BUI1E BOD �r M�NOTON, IEKAS 7e011 (817) a40-8836 7EPE FlRMt F-11B1/iBPL3 FIRAG 1ot63B-00 SURVEY, n GRAF'HIC SCALE i•�f00' 50 100 150 DATE: DECEMBER 2011 J/Dentan/P35-SE-f Page 3 of 4 PARCEL 35-SE-1 LEGAL DESCRTPTION SLOPE EASEMENT EXHIBIT "A" - Page 3 of 4 Being a 0.25 acre tract of land situated in the James Edrnonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows; COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, 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.), and the existing south right-of way line of Roselawn Drive (having a variable widtl� R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of=way line and along existing said south right-of-way line, a distance of 204.70 feet to � point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton,County, Texas, THENCE South 07°04'48" West, alang said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE North 90°00'00" East, leaving said east line, and continuing along said proposed south right-of-way line, a distance of 315.51 feet to a point for corner, said poznt being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.4.W.); THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a paint for corner; THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 339.39 feet to a point fox corner, being the POINT OF BEGINNING; THENCE South 00°40'00" East, continuing alang said proposed west right-of-way line, a distance of 416.02 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 852.50 feet, a central angle of 10°55'03 ", and a long chord which bears South OS°27'32" West, 162.20 feet; THENCE continuing along said proposed west right-of-way line, and along said iangent curve to the right, an arc distance of 162.44 feet to a point for corner; THENCE North 79°04'S7" West, leaving said proposed west right-of.-way line, a distance of 25.00 feet to a point for corner, for the beginning of a non-tangent cuzve to the left, having a EXHIBIT "A" - Page 4 of 4 Page 4 of 4 radius o£ 827.50 feet and a central angle of 10°55'03", and a long chord which bears North OS°27'32" East, 157.44 feet; THENCE along said non-tangent curve to the left an arc distance of 157.68 feet to a point for corner; THENCE North 00°00'00" East, a distance of 178.51 %et to a point for corner; THENCE North 90°00'00" East, a distanca of 15.00 feet to a point for corner; THENCE North 00°00'00" West, a distance of 237,51 feet to a point for corner; THENCE Nortb 90°00'00" East, a distance of 10.00 feet to the POINT OF BEGINNING and CONTAINING 10,839 square feet, 0,25 acres of land, more or less. PAGE 1 OF 2 �m o�a • �� w c��;" o; ¢'' a� qQ�'Np' Ch � �' W(U �� I ¢1��Q 3� '�o � w, � ��, M�� i� Q� ^ �; � EXHIBIT "B" - Page 1 of 2 THE CHAMBERLAIN 7RU5T VOL, 4522, pG. �336 ❑,R.D.C.T. l , � ----�rjr�-----�20SELAlY1�T�DRIVE----- S90 '00 ' 00 "E o� �n� fI[�-6��----------------�,jr,.--- �-- r�� /! SVARbAB� WIDT r • SAG'?9'dR"FJ�Od�7A' --- _�i---.-�y��LO��.).--B�GIL+T-NINC�� --------- --�J/J�--- so� •oa� ae��w 16.83' POINT OF COMMENCING FNb i/2" I.p SAVE & EXCEPT 7RACT � JACK ARLYN PARKE5 VOL, 4073 PG. 1207 O,R,d,C.T, ,�, t�'� �x �� .'�,� �,,• ;�.� SITUATED �_ _ \ sso•oo�oo.\ � e.oi' I� N9� 00'00'W N00'00'OQ"� 102.60' 5 . 00' �, �' � II �' ' � `` � y i \ I 1 �1 �QI I � � ��i �a� �a� / � ��/ � / �' I / � �� / � � � � � II r--�-' � � � � —I� CROSSTEX ESMT � � � �VOL.5292. PD, 1318 I I--1�-^D—R—DL.I.—�-- L__� I I � � � � 11 ii � � JACK ARLYN PARKES I� VOL . 4073, P� , 1207 � � D.R.O.C,T. �� ir �i �i �_"'_"'_'____' __`:!" ��D,�E---�,- .. , l � � ` 1 � 1 � i � �� I,��N� 1p N� o• x� 111' w�1�1, 1 � ^ 1 F' � I�l �1 � 1 ` � 1 1 1 1 r. 1 1 � O 1 `� --�� ' `I ` �� ' � I II � � � � � 3 � � a I I I I � � I ! I I I I I I I I U Z H Z 0 N �-- a a , z �� O N LL. � H F � V d U fl] � o�¢ m o J J H � U� Z _ 0 U Z Q O s � Z 0 J BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAO-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 35-5E-2 BEING A 500 SQ.FT./0.01 ACRE SLOPE EASEMENT IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Associates,inc. ((`r, CQNSULTING ENGINEERS �c PLANN�RS �� J 600 SISf FLA05 ORIVE, SUI7E 800 ARUNOTON, lE%AS 78011 (B17) 6�0-8636 7BPE FlRM: F-1191/iBPLS FlflA�t 101b38-OD SURVEY, n 6HAPHIC 9CALE !'-l00' 50 100 150 DATE; DECEMBER 2011 J/Denton/P35-SE-2 Page 2 of 2 PARCEL 35-5E-2 LEGAL DESCRTPTION SLOPE EASEMENT EXHIBIT "B" - Page 2 of 2 Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particulaxly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, 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.}, and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west rigb.t-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°Q4'�48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract l, a distance of 16.83 feet to a point for corner; THENCE South 90°OQ'00" East, leaving said east line and continuing along proposed south right- of-way line, a distance of 218.01 feet to a point for corner, being the POIN'I' OF BEGINNING; TI�NCE South 90°00'00" East, continuing along proposed south right-of-way line, a distance of 97,50 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R,O.W.); THENCE South 45°Od'OQ" East, along said corner-clip, a distance of 7.07 feet to a point for corner; THENCE North 9Q°00'00" West, leaving said propased west xight-of-way line, a distance of 102,50 feet to a point for corner; THENCE North 00°00'00" East, a distance of 5,00 feet to a ihe POINT OF BEGINNIlVG and CONTAINING 500 square feet, 0.01 acres of land, more or less. PAGE ! OF 4 �m �y d' ^� Q m ¢ � a � 3;,� o, x>��; �,\ ¢� �N�oa �p , M �'d :W 3; 3p � ' �m', � �� i�� r THE CHAMBERLAIN TRUST VOL. 4522, PG, 1336 D,R,D.C.T, EXHIBIT "C" - Page 1 of 2 � t�---�r�rr----------------��T��-�Ra-SEI,AIYN-DItNP:�-------- -rrjr�---- <<� .��Aea�e�.e _y+ioTN_e vo 1� �►- - - - --- -- - - - - - - - ��,---� se9'2s'_48''€J��1,70"--------'---,-� _` � � � BRA �AI��AA�IC ^JAC RA � 507'04'48"W 16.69' POINT OF COMI�ENCIN'G FND 1/2" I.R SAVE 6 EXCEPT TRACT 1 JACK ARLYN PARKES VaL, 4073, PG, 1207 D,R.D.C.T. ,'� � � ? _ �',`.t. _i.�,7.,t .,- =.1r�� `�.` ,• ,;;.. �� ;;;:•. ,: =':._�:� SITUATED � � � SA5f4�14 E � `� � �. I � POINT OF ` ' � �� HEGINNING �� , \.,\ \ I I �\ �`� I \ � I � `I � I � � � � � � I < I � ! e e ,` 1�� I / �� / I � < ' I ' �I � !� � I I � � I r--�–� I I I �— 'I� CROS5TEX ESMT ^ � � � �VOL.6292, PG.131B I �,��.—o—a—o��L—�— �� ---rrj!''-------' ----"--� j� =S4��.A0_'00"E-=- ---.,�1�r- - sa. sd �. ,� �� 1 1 � 1 � � 1 �� i �a�,d11 � `''9NDNl ' �,ON xl c� v I 11 �3� a1 I 1 � I I � � 1 � 1 1 I � � I 11 1 1 1 1 �� ^' � 1 �O 1 � --�P� � 1 _ �� _ � I � I i L-- � i i Nso •oo � oo �� w J� II A0,00' � 3 � II � a I 1 � 8 a' II � o JACK ARLYN PARKES I� � o VOL, 4073, PG. 1207 �� I a C1,R.D.C,T, � � � �.J �1 � II I /! I BASIS OF BEARING I5 NORTH OF 1983 (NA�-83) STATE PLA SYSTEM, TEXAS NORTH CENTRA PARCEL 35-5E-3 BEING A 3,194 SQ.FT./O.U7 ACRE SLOPE EASEMENT IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((�, CONSULTING ENGINEERS dc PLANNERS �7r EOp SIK FLA06 ORIVE, SUITE 600 ARUNOTON, iEKA3 76011 817) 84Q-8636 76PE flliM: F-11B1/1BPL3 RM: 101638-00 U Z H Z 0 � � Q O Z �� N �� F- F; � �ac� � .a o�¢ mq • O J J H � U � Z � 0 I � �I Z � I ° _ �I o I � I I I I � � AMERICAN DATUM NE COOR�TNATE L. SURVEY, n GRAPHIC 9CALE 1'-500' 0 50 100 150 �ATE: DECEMBER 2011 J/Denton/P35-SE-3 Page 2 of 2 PARCEL 35-5E-3 LEGAL DESCRIPTION SLOPE EASEMENT EXHIBIT "C" - Page 2 of 2 Being a 0,07 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Bxae Street {having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); TI�NCE South 89°29'48" East, leaving existing said west right-of-way line and alon.g existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in ihe proposed south right-of-way line of Roselawn Drive (having a variable width R.O,W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Paga 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east Iine of the said sa�e and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south r.ight-of-way line, a distauce of 315.51 feet to a point for corner, said point being the most northerly point of a corner- clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45°00'00" East, along said corner-clip, a distance of 14.14 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 45°00'00" East, continuing along said corner-clip, a distance of 14.14 feet to a point for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Streei; THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a distance of 314.39 feet to a point for corner; THENCE North 90°00'00" West, leaving said proposed west righi-of-way line, a distance of 10.00 feet to a pomt for corner; THENCE North 00°00'00" East, a distance of 324.39 feei to the POINT OF BEGINNING and CONTAIl�IING 3,194 square feet, 0.07 acres of land, more or less. �� .� - -- 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 NUMSER OR YOUR DRIVER'S LICENSE NUMBER. DRAINAGE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Jack Arlyn Parkes and wife, Betty Parlces (collectively, "Grantor"), whose mailing address is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, 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 GR.ANT, 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 James Edmonson Survey, Abstract Number 400, to wit: PROPERTY DESCRIBED IN EXHIBIT "A", EXHIBIT "B" AND EXHIBIT "C", RESPECTIVELY 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: 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 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 lcind, 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 sha11 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 our hands, this the day of , 2012. Grantor: Jacic Arlyn Parkes Betty Parkes ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on Jack Arlyn Parkes. 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 acknowledged before me on Betty Parkes. 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 L! PAGE 1 OF 2 Q4m � � �;� Q �, �q�� oY, � �' q u �� a�NO Ch � r� �k �Q ��~� 3, 73o W� � �� , �� a� �A�y � ^ THE CHAMBERLAIN TRU5T VOL, d522, P0. 1336 D.R.D.C.T, EXHIBIT "A" - Page 1 of 2 ' � - --•r.<<- ------- ---- ��,-�r--iiOBELAIPK-D1�IVE'---------------�rTr----! --�rj��------ ---- . �� -------r- -; ,�l1�IV9RIABl.E YIIDTN`EI.,O:W.��.------------��1��-------��J��-----------•�---- . „E'��6�:70"- ..,_., � — S07'04' 48"W � �T,S90 '00' OIO' E 315. 57' '` � � 16,B3' �. � � 1 POINT OF COM�dENCING FND 1/�" I,R SAVE 6 EXCEPT TFAG7 1 JACK ARLYN PARKES VOL, 4073, PG. 1207 D.R,D,C.T. �_'r �i._h = 5j� .t:11 . � \ � 545'00'00"E ` �,� �, I ti� ee.�s� � ` 1 \. � � � � 1 � ``I I � \ �� .\ �I � � � � �1 � � � I io'u�o �� I � m p�� A I �� 1� ��o�l I �' � � � 1 a'„'"�1 a i�'� ��lo ,�� °;I e�� 1 �1 0 /� %� �I °��'� N 1� 11 r I 1 /�I � � �� l ��I 1 _ ir �� N90 '00' 00"E � POINT OF�� f- I' I I 20.00 HEGII�TIIY 1 I I` �� CROSSTEX ESMT ^ � � � � � �VOL.5292, PG.1318 , I � ��J'�—�—p—��c��` S00'00'00'W I . L�—J � �N00'00'00"E �y 25.a0' � � � I 25,00' 1 I� �� I I I1 I I I N9020�00� 11 w I � a i I` J AC K AR I. YN P AR KE S I I I Q p� I I VOL, 4073, PG. 1207 II I � I I D.A.�.C.T. � � � o�� I I � � I o�`� I I �i I a I I BASIS OF BEARING IS NORTH AMERICAN DATUM �� I I I OF 1983 (NA�-B3) STATE PLANE COOROINATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 35—DE--1 HEYNG A 500 SQ.FT./O.U1 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associptes,lnc. ■ CONSULTINO ENGINEERS dc PL4NNERS E00 51% FLAOS ORIVE, SUIiE 600 MLJNOTON, TEXAe 7eGi1 (E17) E40-8838 TBPE FlRM: F-1191/7HPL8 FlRMs 101638-00 SURVEY, � U Z H Z O N � a 0 z a� O N �� •� �� '�aci � o n�¢ m o J J H � U� Z � n U z ¢ 0 r � z 0 J �PAPHIC 3CALE 1'=100' 0 50 100 150 DATE: OECEMBER 2011 J/Denton/P35-OE-! Page 2 of 2 PARCEL 35-DE-1 LEGAL DESCRIPTION DRAINAGE EASEMENT EXHIBIT "A" - Page 2 of 2 Being a 0,01 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a poriion of that 42� acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast cornex of a tract of land conveyed to Jack Parkes and wife Betty Parkas, as recorded in Volume 5022, Page 3438, 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,}, and the existing south right-of-way line of Roselawn Drive (having a variable width R,O,W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Recoxds, Denton County, Texas, TI�NCE South 07°04'48" West, along said proposed south right-o£-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90°00'00" East, leaving said aast line and continuing along proposed south right- of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'OQ" West, along said proposed west right-of-way line, a distance of 314.39 feet to a point for corner, being the POINT OF BEGIlVNING; THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a distance of 25.00 feet to a point for corner; THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of 20.00 feet to a point for corner; THENCE North 00°00'00" East, a distance of 25.04 feet to a point for corner; THENCE North 90°00'00" East, a distance of 20.00 feet to the POINT OF BEGINNIlVG and CONTAIlVING 500 square feet, 0,01 acres of land, more or less. PAGE 1 OF 6 ym z°"'Q �am s� � rua-�n+-� o,'; � ti Qti �N� � _' a a� B°q i-°r� 3� ��0 w� � ,�a; ;ao, � '' S89'29'98"E'204:70 S07'04' 48"W f8.B3' POINT OF CObi�ENCING FND i/2" I.R SAVE 6 �XCEPT TRACT i JACK ARLYN PARKES VOL, 4073, PG. l207 D.R.D.C.T. _ :,, , EXHIBIT "B" - Page 1 of 5 THE CHAM9ERLAIN TRUST VOL. 4522, P0, 1336 D.R.D.C.T. — — c � .. . : , - ROSELAWN DI�IVE' - • � - - - - - – - - --rr r � � - - - „',IVAR19BLE_�4I�TH_R.,0:�1..) . -. - .. �%f»---. _ �— — � �—N90•00'AO�� 315,5i' - .�;,•-. _ . _ ..,�,. , �` � , I � ` � ' ( � S45'00'00"E � � 1 , '� � � 26.2e' I , 1 ' ,'�.� � � � � ` ` `•` �� I � 1 � � �, I � 1Q�� 1 �I I �o��"NC1+1 � A � � �'� �x IF� I 1; �� i+'�' °� � � m 6 I I P, � �` l0 1 I1 . �' �'� � o � u�Pi ` 1 !, � I ¢� � 1 l i � al W � . /I I I o t 1 / I � � o �1 � �li � 1 r � � I o 1 r___�_' � i � y � l i I--�-�--------� ^�—� I IVOLR6 92�xPGSi318 � ' I I � � I_��-_D_R_D.C.7.__—I— ----"' i I L__ ._J ii ��- I I �, � I I ii � I I II � ^ I I I I � p�q � a � I J A C K A R L Y N P A R K E S I I I ��p� � VOL. 4073, PG. 1207 � � � I D.R,D.C.T. 11 I � �`� I 1 1 I Opq`� � �i � a I BA5IS OF BEARING IS NORTH AMERICAN OATUM �'� I OF 1983 (NA�-83) STATE PLANE COOR�INATE SEE SHEET 2 SYSTEM, T�XAS NORTH CENTRAL. SITUATED U Z H z 0 H r a z �� O N �� ~ •F �� °aci � o d�� m a J J H � U� z 5 0 U z � 0 _ � z 0 J NOTES; 1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY MANAGEMENT AGENCY OESIGNATED FL.OUO PI.AIN OR FLDOD PRONE AREA AS DESIGNATED ON THE FLOOd PARCEL 3 5� D E�� PANELA46121C0370AG,EFFECTIVENDA�ENAPAI�LM1BN2011. BEING A 4s,054 SQ.FT./1.06 ACRE DRAINAGE EASEMENT IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((�,� CONSULTiNG ENOINEERS �C PLANNERS `�, E00 61X FLAOS ORIVE, SUITE 60D ARLINOTON, 7EKAS 7e011 817 E40-8836 T9PE FlRMt f-11o1/TBPLS R s 1016JB-00 SURVEY, '"' GRAPHIC 9CAlE f'=100' 0 50 !00 150 DATE: FEBRUARY 2Q12 J/Denton/P35-DE-2 PAGE 2 OF 5 EXHIBIT "B" - Page 2 of 5 SEE SHEET �� i ;, � ;, i �. i , ,� i i i i � � � I I � � � � � � � � I I 1 1 � r r i . � `. ''� ;- . JACK AALYN PARKES , ,: ` VOL . 4073, PG , 1207 D.R.D.C.T. \ �� 100 VR � �� FLOOOPLAIN � � \\��/ �\ NOTES: SEE BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, rn � v 3 � � ti � N N h SHEET 3 0 d � � n w 0 0 P 0 iN 1 �� a a°� a e- 12•ss�sa^ a�s5a,eo� T=96,87' L=192.51' Cb=SOB'28'0 "W Lc=192.10' 1, THI3 EASEMENT LIES WITHIN A FEDERAL EMEHGENCY MANAGEMENT AGENCY �ESIGNATED FLOOD PLAIN OR FLOOD PRONE AFEA A5 pE5IGNATED ON THE FLOOD INSURANCE AATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48921C0370 G,EFFECTIVE OATE APFIL 18,2011. PARCEL 35—DE-2 BEING A 46,054 SQ.FT./1.06 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS .^ Graham Associates,lnc. CONSULTING ENGINEERS �C PLANNERS � aoo six Fuos oRive, sui� aoo �tuHaro�, t�x�s �eait (et� a�o-ea�a 7HPE FlFMt F-1191/18PLS Flq 101638-00 SURVEX, n ORAPHIC SCALE f'�f00' 0 50 100 15Q DA7E: FEBRUARY 2012 J/Oenton/P35-oE-2 PAGE 3 OF 5 � ,`1 N2 i •3s � 50 �� w = 102.48' N01'i7'40"W 155.49' TOMMY R. HOLAMON VOL. 5164, PG. 641 D.R.O.C.T. N71'10'47"E � 70,67' � \'�\\ ��\ ,, `�`;5.6' �� . � �� . � s �`` ` •`, � `\14� � . �9 � ;'\�•• . �`.`1,'�. ' \ '`. •` \��` •\`\� ,, ` ; \ ` � ` \ . ,;\ •. ,` \,\\\\ \ \ ` , \ . `` /� �`1 � . ��''`.� \ ,\ \� j � ,1 . , , \\ \ �y g 51, ``� �� ,, �� yy 2Q � � .. ,� ..; � 5'Q.Og � yy � .•,� � y �; � 4,. �,� ,,i i 8ASI5 OF BEARING IS NORTH AMERICAN �ATUM OF 1983 (NAO-83) STATE PLANE COORDTNATE SYSTEM, TEXAS NORTH CENTRAL, � 1 �� EXHIBIT "B" - Page 3 of 5 SEE SHEET 2 POINT OF BEGINNING JACK ARLYN PARKES VOL. 4073, PG. 1207 O.R,D,C.T. '05'49"W 54.95' - . ` �`r .F' t1t��P� G' _ _ PppR� . / MARVIN HENOER50N ESTATE TRUST DOC. N0, 96-A0055800 D.A.D.C.T, �� rn � v 3 � � / H � � / � �O �,� �� O � � N�TES: i. THIS EA5EMENT �IES WITHIN A FEOERAL EMERGENCY MANAGEMENT AGENCY OESIGNATED FLDOD PLAIN OR FLODD PRONE AqEA AS OESIGNATEO ON THE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48i2lC0370 G, EF'F'�CTIVE DATE APRTL 18, 2011. PARCEL 35-DE-2 BEING A 46, 054 SQ.FT./ i.06 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS .^ Graham Associates,lnc. CONSULTING ENGINEERS dc PLANNERS \LJI E00 91X F'LAOS DRIVE, SUI1E 800 �'Y ARLlNOTON, h%AS 76Q1) (817) 040-8636 7BPE FlRAII F-1191/iBPLS �IRMt 1016J8-00 SURVEY, n GRAPHIC 5CALH !'�500' 0 50 100 150 DATE: FEBRUARY 2012 J/Denton/P35-DE-2 Page 4 of 5 PARCEL 35-DE-2 LEGAL DESCRIPTION DRAINAGE EASEMENT EXHIBIT "B" - Page 4 of 5 Being a 1,06 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way Iine of Bonnie Brae Street (having a variable width R,O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O,W.), also bein.g the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; T'HENCE North 90°00'00" East, leaving said easi line and continuing along proposed south right- of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); � THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'00" •East, along said proposed west right-of-way line, a distance of 755.40 feet to a point for corner, for the being the beginning of a tangent curve to the right having a radius of 852.50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09" West, 192.10 feet; THENCE continuing along said proposed west right-of-way liu�e, and along said tangent curve to the right, an arc distance of 192.51 feet to a point for corner; 7 FIENCE South 12°56'18" West, continuing along said proposed west righ,t-of-way line, a distance of 486.92 feet to a point £or cornex; THENCE No�h 77°03'42" West, leaving said proposed west right-of-way line, a distance of 184.47 feet to a point for the POINT OF BEGINNING; THENCE South 33°OS'49" West, a distance of 54.95 feet to a point for corner; EXHIBIT "B" - Page 5 of 5 Page 5 of 5 THENCE South 74°08'18" West, a distance of 249.51 feet to a point for comer, said paint being in the west line of said Jack Arlyn Parkes tract and being in the east line of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume S 164, Page 641, Deed Records, Denton County, Texas, being a common line; THENCE North Ol°17'40" West, along said ca�timon Iine, a distance of 155.49 feet to a point for corner; THENCE North 21°36'SO" West, continuing along said common line, a distance of 102,48 feet to a point for corner; THENCE North 71°10'47" East, leaving said common line, a distance of 70.67 feet to a point for corner; � . THENCE South 56°54'11" East, a distance of 291.72 feet to the PO1NT OF BEGiNNING and CONTAINING 46,054 square feet, 1.06 acres of land, more or less. PAGE 1 OF 5 � �qm ^, a; R�a ~ tl� ti y � ¢ � �q � a j4 �Q �, 3� 3y J� ��i q � :�� 507 '04' 4tl' W 16.83' POYNT OF COM�dENCING FND 1/2" I.R SAVE & EXCEPT TRACT 1 JACK ARLYN PARKES VOL. 4073, PG. 5207 �,R.O.C.T. r : ,.k:. THE CHAMBERLAIN TRUST VOL. 4522, P0. 1336 D.R.D.C.T. EXHIBIT "C" - Page 1 of 5 ROSELAWN DRIVE' . _ . � _ . . ,,IVANIABLE WIDTH R.,O,W J • •-• �-N90'00'bO�E 39fi.51' 11 11 I . i �i sae�a°2e°„E i � `1 ., i i i �, 1 �� I � � f pI `� �I I ;p�N1 , ! �01" x1 � �1 � , c» �� I EW-� � l� W a� ' � I � I I � � � I � ¢� 1 � ;'I�a I oj �� 1 I a I o �� 1� ! � ` � i� ! � � I � 1 � � � � I � 1 1 — �. . _ � � � ; N 11 � , I' i � 1 1 ' ' �� CFOSSTEX E3MT r r ^ — r — � " � �VUL.5292 PG,131B ' � � - � i��...J_—D—R_,d.C.L.--�— ------ - L.. _ _ � I i i � � ' � i I I I I I o�� . � � ! JACK ARLYN PARKES II I Q v�� VOL. 4073, PG. 1207 � I I � �,R.D.C,T, ! I I op�� 7 � pP4`� rr i w BASIS OF 6EARING IS NORTH AMERICAN DATUM '' OF 1983 (NA�-83) STATE PLANE COORdINATE SEE SHEET 2 SYSTEM, TEXAS NORTH CENTRAL, U z H Z O N � a ❑ z �� O N �� H � � V d U N � d�¢ m d J J H � U 7 z � 0 U Z ¢ O � m z 0 J NOTES: 1. THI5 EASEMENT LIES WITHIN A FEDERAL EMEpGENCY MANAGEMENT AGENCY OESIGNATEO FLOOD PLAIN OR FLQOD PRONE AHEA AS DE3IGIJATEU ON THE FL000 PAR C E L 3 5— D E — a� PANELp48121C0370AG,EFFECTIVENOATENAPRILM98N201�, BEING A 12,344 SQ.FT./0.28 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N�. 400, DENTON CUUNTY, ' TEXAS � Graham Associdtes,lnc. . CONSULTING ENGINEERS �C PLANNERS E00 SUf FLAOS ORIVE, BUITE b00 ARlINO70N, TEXAS 76011 (g17j AIO-l636 7BPE FlRMf F-11o1/TBPLS FlRM 1016�8-00 n opAPHIC SCA4.� i'mi00' 0 50 100 150 DATE: FEBRUARY 2012 J/�enton/P35--DE-3 IPAGE 2 OF 5 EXHIBIT "C" - Page 2 of 5 SEE SHEET ,, i �'. ' i . i • .�' 4 __I I � � � � I I � � � ( � � � i I I � � 1 � � ��;'�� JACK ARLYN PARKES ' - VOL. 4073, PG. 1207 :. ,:. D.R.D,C.1'. :�.' .: \ � l! FL 00 OPLAIN ` �\ // �\ `�--� \ NOTES; SEE BASI5 ❑F BEARING IS NORTH AMERICAN dATUM OF 1883 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, h v � m s m ti ;n N N � SHEET 3 0 v ui n w 0 0 0 0 0 0 N 1 �� d a a� a A= 12'56'18" R=852.60' T=96.67' L-i92.51' Cb=506'28'0� Lc-192.10' 1, TNIS EASEMENT LIES WITHIN A F�DEpAL EMERGENCY MANAGEMENT A�ENCY OE3IONATED FLOOD PLAIN OR FLOOD PRONE AREA AS OESIGNATEp OM THE FL000 INSURANCE RAT� MAP FOR DENTON COUN7Y COMMUNI7Y PANEL 48129C0370 G,EFFECTIVE OATE APpIL 19,2D11. PARCEL 35--DE-3 � BEING A 12,344 SQ.FT./U.28 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT N0. 400, DEN'TUN COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINELRS dc PLANNERS EOD SIX FL10S DRIVE, SU{7E 800 ARUNOTON, 1EXAS 7eo11 (e17) e40-9635 TBPE FlRMt F-1101/7Ep1.8 FIRM: lataa8-o0 GRAPHIC SCALE 1`-100' 0 50 100 150 DATE: FEBRUARY 2012 J/Oenton/P95-OE-3 PAGE 3 OF 5 ,� �,, 1 `` `1 1 � \`1 `� .1 � ,, ,1 � TOMMY R. HOLAMON VOL. 5164, PG. 641 D.R.D,C.T. EXHIBIT "C" - Page 3 of 5 SEE SHEET 2 � JACK ARLYN PARKES �. VOL, 4073, PG. 1207 o.R.o.c.T. � � , � -. ,�� . , `, ` _ ;�_-- � soe •sa � ss �� ,��.c�°?y �% . 65 . 00 ' PPPj ' P r,,rCj1 J�� ' , � �7 3� � O� '� 6 , �6, ; ��1�-� .�� / 5eo'�o'i6„w a2 ;` • \ • `�' • \ ., \` � , `,� \ ` � 557293847 W e O� . ,'' . �o' •.' .�;, i• `�, � .. •. o �� •O9 2A Z I � �� . -� � � BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-B31 STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTAAL. �POINT OF BEGINI�TING ly. % I � �� d a �� a � a MARVIN HENDERSON ESTATE TRUS7 I I DOC. N0, 96-R0055800 D.R,D.C.T. NOTES: i. THI5 EASEMENT LIES WITHIN A FEOERAL EMER(iENCY MANAGEMENT AGENCY pESIGNATED FLQOD PLAIN OR FLO�D PRONE ApEA AB �E5IGNATEO ON THE FLOOD INSUfiANCE RATE MAP FOR OENTON COl1NTY COMMUNI7Y PANEL 461P1C0370 G,E�FECTTVE DATE APRIL 18,2011. PARCEL 35—DE-3 BEING A 12,344 SQ.FT./0.28 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY ABSTRACT N0. 400, DENTON COUIVTY, TEXAS � Grdham Associates,lnc. o CONSULTINO ENGINEERS �t PLANN6RS eoo six fuos oRrve, sui� aao ARIJNOTON,'�x�s �ao1� �st7) E10-0838 iBPE FlRM7 F-11o1/TBPL3 RMi 101638-00 � � aRAPHIC 9CALE 1'�100' 50 100 150 bATE: FEBFIUARY 2012 � J/Denton/P35-DE-3 Page4of5 PARCEL 35-DB-3 LEGAL DESCRIPTION DRAINAGE EASEMENT EXHIBIT "C" - Page 4 of 5 Being a 0.28 acre fract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more paxticularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, 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.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and alang existing said south right-of-way lixie, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being tkie northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, TI�NCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right- of-way line, a distance o£ 315,51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O,W.); THENCE South 45°00'00" East, along said corn.ar-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755.40 feet to a point for corner, for the being the beginning af a tangent curve to the right having a radius of 852.50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09" West, 142.10 feet; THENCE continuing along said proposed�west right-of-way line, and along said tangent curve to the right, an arc distance of 192.51 feet to a point for corner; THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a distance of 761,45 feet to a point for corner, said point being in the south line of said Jack Arlyn Parkes tract and being in the north line of a tract of land conveyed to Marvin Henderson Estate Trust, as recorded in Instrument No. 96-ROOSS800, Deed Records, Denton County, Texas, being a common line; THENCE South 80°10'16" West, leaving said proposed west right-of-way line, and along said common line, a distance of 225.36 feet to a point for corner; EXHIBIT "C" - Page 5 of 5 PageSofS THENCE South 57°03'37" West, continuing along said common line, a distance of 29.84 feet to a point for the POINT OF BEGINNING; THErTCE South 57°03'37" West, continuing along said common line, a distance of 159.24 feet to a point for corner, said point being the southwest corner of said Jack Arlyn Parkes tract and being the southeast corner of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton County, Texas, being a common line; THENCE North O1°17'40" West, leaving said north line of said Henderson tract, and along said common line, a distance of 120.00 feet to a point for corner; TI�NCE North 76°16'S1" East, leaving said common line, a distance of 130.00 feet to a point for corner; THENCE Souih 08°54'19" East, a distance of 65.00 feet to the POINT' OF BEGINNING and CONTAINTNG 12,344 square feet, U.28 acres of land, more or less. O 5—� � ` 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. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Jack Arlyn Parlces and wife, Betty Parkes (collectively, "Grantor"), whose mailing address is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, 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 James Edmonson Survey, Abstract Number 400, to wit: PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B, RESPECTIVELY 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 or hereafter 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 sha11 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 or reduction 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 our hands, this the day of , 2012. Grantor: Jack Arlyn Parkes Betty Parkes ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Arlyn Parkes. 2012, by Jack Notary Public, in and for the State of Texas My Commission Expires: 2 THE STATE OF TEXAS COUNTY OF DENTON � � ACKNOWLEDGMENT This instrument was acknowledged before me on Parkes. Notary Public, in and for the State of Texas 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, by Betty 2012, for the City of Denton, PAGE 1 OF 2 �� zyW. V -� � Q�� 3i �4•� �} Y � C4` ¢� y�ma� tii V� �Q ��~i 3, �yJ � 3p '�� ;�}� , � THE CHAMBERLAIN TRUST VOL. 4522 PG. 1336 o.R.�.C.T. S90 '00 ' 00 "E .,. �., � EXHIBIT "A" - Page 1 of 2 <'� r'•- — �r.�-------------�rj�.---------- ---,-�r��--Fi(ISEI�lC1PN�IIRI1�1: — �---�rjr�----------- - ,, • `,,1 8 ' '48-'Er��6�:70'--- i;.�, .----- --��.'��iYARIABLE_WIOTH_R�QI��)------�i1�-'-------- - - --o� - ---- _. r; 507'OA'48"W l6.B3' POINT OF COM�ENCING FNO 1/2' I.R SAVE 6 EXCEP7 TqACT i JACK ARLYN PARKES VOL. 4073, PG, l207 �.a,o.c.T, �,,;',: - ,:1 °�'.� - -T; ` 5; ': " � � L�77 � AC 1 AC 11 \\ .\�\ i II 1 1. V V \ � �� POINT OF' \ \ � � ' S�6344542 W BEGINNING � ' � � � �� N40'25'90"W \\ I� I 37. 88' 1 � I 1 QI I � I ��i I a I ., I � � i/ I � � i / � � ii � �I� � � I �—��1� I I I I— `� '� CROSSTEX ESMT ' � � � �VOL.5292, F'G, i91B I I—�1.—°—R�L�I.---- L__J � I � � � � � � �� JACK ARLYN PARKES II VOL. 4073, PG. 1207 �� O.R.D.C.T, �� i� �� ir ,� 1 � 1 1 � 1 � 1 1 1 r� �jN 1j��N1 IoN mi x ,; �}� l � � l � F 1 11� � , i � l 1 � 1 1 � � 1 �0 1 1 --�� — ` �1� � �� I � I II � � � � � s � � a 1 I I I � � I I I I I I I I I I ci z H z 0 H a 0 � o� � N � w � � �aci N .o o�¢ m o J� H � U � Z � Q U Z Q T (.7 Z 0 J BASIS OF BEARING IS NORTH AMERICAN DATUM OF 7983 (NAD-83) STATE PLANE COORDINATE 5Y5TEM, TEXAS NORTH CENTRAL. PARCEL 35--TCE-1 HEING A 8'76 SQ.FT. 0.02 ACRE TEMPORARY CONST UCTION EASEMENT SiTUATED IN THE JAMES EDMONSON SURVEY, � AHSTRACT N0. 400, DENTON COUNTY, T�XAS pRAPHIC 9CALE s�-,00� � Graham Associates,lnc. ■ CONSULTING ENGINEERS �C PLANNERS E00 SIK FLAOS �RIVE, SUI7E 800 MLINGTON, TEKAS 780H �817) E4O-8636 1ePE FlRM� F-1101/1BP1s RM� 1o1aJa-aa 0 50 100 150 DATE: DECEMBER 2014 J/Denton/P35-TCE-1 Page 2 of 2 PARCEL 35-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" - Page 2 of 2 Being a 0.02 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Ar1yn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Farkes, as recorded in Volume 5022, Page 3438, 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.), and the existing south right-of-way lina of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204,70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a poin.t for corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of-way line, a distance of 81.87 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 90°00'00" East, continuing alozag said proposed south right-of-way 1ine, a distance of 46.83 feet to a point for corner; THENCE South 33°45'08" East, leaving said proposed south right-of-way Iine, a distance of 11.60 feet to a point for corner; THENCE South 56°14'S2" West, a distance of 34.54 feet to a point for corner; THENCE North 40°25'30" West, a distance of 37.88 feet to the POINT �F BEGINNING and CONTAINING 876 square feet, 0.02 acres of land, more or less. PAGE 1 OF 2 €m � `� ti 4U VO �� i � '�j 0 J ��ii ,o �• ,�` , <<� �� '--'--�J�7�' '-------------'�� '^JQ' dfiJF-'�A6'7f1°--------T --,-'�� 507 '04' 4B"W i6,e3' POTNT OF COM�ENCING FNO 1/2" I.R SAVE 6 EXCEPT TRACT 1 JACK ARLYN FARKES VOL, 4073, PG, 1207 o,a.o,c.r. ., , , _ •_�.} . .� � •- E CHAMBEALAIN TRUST OL, 4622, PG. l336 O.R.O.C.T, S90 '00' 00"E , 33.00' EXHIBIT "B" - Page 1 of 2 -�� r� - /jr�----- ---- ..... ��--- , j --�5�,'�� ' ---- - '. E (�•�-�;�I/��LVARIABLE_WIDTH_R�S11Y��)----��1��-_---------`----,�1., \ � } , � . S00'13'31"E N00'13'3i"W �--�� j' 11.02' . 11. 15' � � � � �� .� i ses •4s � 2s��w � �� 33, 00' .� � I \ I 1 �I �AI I � I ll �' �al i a � � i � � ��l � ,� i� i �� f/ I � � � I � r--�� I I I �— —I� CROSSTEX ESMT � � I �VOL, 5292, PG. l318 I ��1._o_R—oL.L_--- L__J � � I► �� JACK ARLYN PARKES II VOL. 4073, PG. 1207 I I D.R.D.C.T. �� r� ri Ir 1 1 i � 1 1 1 � 1 ti 1 f 1 1�� N�� o� �� 1 a��,' ,�"nl 1' w�� 1� � 1 � I1 � 4 } 1 1 � � 1 1` � ^ 1 1 �G , 1 Y�� 1 `�I �� 1 I � � I II I I a I I � I I � � � � � � { I I I I ! 1 I I I U z H z 0 H a 0 z �� N L� � ~ •H 7 V, VO.CJ N � o�¢ m a J J ,.,, o U� Z _ 0 � z � 0 S f.D Z O J BASIS OP BEARING I5 NOFTH AMERICAN OATUM OF 1983 (NAD-83) STATE PLANE COORDTNATE SYSTEM, TEXAS NORTH CENTAAL. PARCEL 35—TCE-2 . BEING A 366 SQ.FT. 0.01 ACRE TEMPORARY CONST UCTION EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT N0. 400, DENTON COUNTY, TEXAS GRAPNIC SCALE �•a�aa� ^ Graham Assaciates,lnc. ((�s{ CONSULTINO ENOfNEERS dc PLANNERS `�� aoo six �.AOS oRivE, sui� eoo AflLINOrON, TEXAS 7a011 (H17) E�O-8836 1HPE FlRM� F-1101/iBPLS �'IRMt 101638-00 50 100 150 QATE: DECEMBER 2011 J/Denton/P35-TCE-f Page 2 of 2 PARCEL 35-TCE-2 LEGAL DESCRTPTION TEMPORARY CONSTRUCTION BASEMENT EXHIBIT "B" - Page 2 of 2 Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.40�, Denton County, �Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Recoxds, Denton Couniy, Texas, ar�d being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed ta Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, 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.), and �he existing south right-of-way line of Roselawn Drive (having a variable width R.O.Vi�.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract l, as recorded in Volume 4073, Page 1207, Deed Rec�rds, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line oi the said save and except Tract 1, a distance of 16.83 feet to a point £or corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of-way line, a distance of 158.70 feet to a point for corner, being the POINT OF BEGINNING; , THENCE South 90°00'00" East, continuing along said proposed sou#h right-of-way line, a distance of 33.00 feet to a point fox cornex; THENCE South 00°13'31" East, leaving said proposed south right-of-way line, a distance of 11.02 feet to a point for corner; THENCE South 89°46'29" West, a distance of 33.00 feet to a point for corner; THENCE North 00°13'31" West, a distance of 11.15 feet to the POINT OF BEGTNNING and CONTAINING 366 square feet, 0.01 acres of land, more or less.