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2012-095s:Uegal\our documentslordinances1121henderson acquisition ordinance.doc ORDINANCE NO. 2012-095 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 34.92 ACRE TRACT SITUATED 1N THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400 AND THE S. PRITCHETT SURVEY, ABSTRACT NO. 1004; AND (II) A DR.AINAGE EASEMENT ENCUMBERING A 0.42 ACRE TR.ACT SITUATED 1N THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400, ALL TRACTS LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY 1N THE 3400 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MtTNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE MARVIN HENDERSON ESTATE TRUST (THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF THREE HUNDRED FOURTEEN THOUSAND, EIGHT HUNDRED SIXTY N1NE DOLLARS AND NO CENTS ($314,869.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN 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 malce 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 $314,869.00 and other consideration, plus costs and expenses, a11 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. approval. SL� PASSED AND APPROVED this the �-� This ordinance shall become effective immediately upon its passage and day of , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: i�``�--'� PAGE i OF 5 4— 48'22'OB" R=244.92' T=109.99' L=206.76' CbsN33 '4B' 36"E Lc=200.67' .. �= 17'16'17" R=512.64' T=76.01' L=154.83' Cb-N79'24'OB"E Lc=154.24.' TOMMY R. HOLAMON VDL. 5164. PG. 641 D.R.D.C.T. BEGINNWG . FNq 1/2' I.R. RICHAR� A. GRAY. JR ' N88'43'24"W ❑OC. ND. 2DO9-�28436 Qy �� D.R.D.C.T. EXHIBIT "A" to Ordinance (Property Interests) �� $ �� H W � � W W � BA5I5 6F BEARING IS NORTH AMERICAN �ATUM i. THIS �EDICATI�N LIES WITHIN A FEDERAL EMERGENCY OF 1983 (NAD-83) STATE PLANE COOROINATE MANAGEMENT AGENCY•DESIGNATEO FL00❑ PLAIN OR SYSTEM, TEXAS NORTH CENTRAL. FL�OD PRONE AREA.AS DESIGNATED ON THE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY NO7E: � PANEL 4B121C0370 G,EFFECTIVE DATE APRIL 18.2011,. ALL PRDPERTY CORNERS ARE SET 9 2" IRDN RDOS �t s�ry �p WiTH GAI CAPS, UNLESS NOTED OT ERWISE. pARCJ;�L eJ (�RO i1 � 1 NOTE: SET 1/2" I.R. W/ GAI CAP TO BE 5ET AT END OF CONSTRUCTION. 1,520,997 SQIFT./34.92 ACRE � RIGHT—OF—WAY DEDICATION n OF WHICH 11,836 SQ. FT. LIES WITHIN � E�STING RIGHT--4F--WAY OF BONNIE BRAE STREET SCALE: 1��=zoo � SITUATED IN THE JAMES EDMONSON SURVEY, Graham Associates,lnc. ABSTRACT N0. 400, AND THE � CONSULTING ENGINEERS dt PLANNERS S. PRITCHETT SURVEY e� �x � oR��„ �,�� AB5TRACT N0. 1004 ARUNfiTON, 7DfAS 76011 (81� 640-8935 7HPE FlRM: F-1191/iBPLS FlRY: 10f63s—DQ I}ENTON COUNTY, TEXAS DATE: APRIL 2012 J/Denton/p37-ROW-1 PAGE 2 OF 5 � E W W � � W W U� EXHIBIT "A" to Ordinance (Property Interests) �DNGµO�UNDAIT��'y 6Nc S��VOL 450. �GY. q.d• � � SURVEV LINE RICHARO A. GRAY, JR >�,� �3� DOC. O�R.DOCBT12B436 ��.�� J � � N •4�•os°w 6.53' NOTE: SET 1/2" T.R. W/ GAI CAP TO BE SET AT END OF CONSTAUCTION. BASIS DF BEARING IS NORTH AMERICAN DATUM 1. THIS DEdICATION LIES WITHIN A FEDERAL EMERGENCY DF 1983 (NAD-83) STATE PLANE COORDINATE MANAGEMENT AGENCY DESIGNATED FL000 PLAIN OR SYSTEM, TEXAS NORTH CENTRAL. FL00� PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE RATE MAP FOR DENTON CaUNTY COMMUNiTY PANEL 4B12SC0370 G,EFFECTIVE DATE APRIL iB,2011. NoTE: WITHpGAIECAPSC�UNLESSANOTEDTOTHERWISEN R0�5 p�,gCEL 3 7�RO�— 1 BEING A 1,520,997 SQ.FT./34.92 ACRE RIGHT—OF--WAY DEDICATION n� OF WHICH 11,836 SQ. FT. LYES WITHIN EXISTING RIGHT—OF—WAY OF BONNIE BRAE STREET SCALE: i��=200 � SITUATED IN THE JAMES EDMONSON SURVEY, Graham Associates,{nc. �STRACT N0. 400, AND THE . CONSULTING ENGINEERS g PLANNERS S. PRITCHETT SURVEY 8� �X �.+� o��. �� ABSTRACT N0. 1004 ARLINOTON, TE%AS 78D11 (81� 6�8635 ,�� fl�: F-1191/7BPLS FlRAA: ,�,�-� DENTON_ COUN2`Y, TEXA5 OATE: APRIL. 2012 �r/uencun�roi-nun-� Page 3 of 5 EXI3IBIT "A" to Ordinance,(Property Interests) � PARCEL 37-ROW-1 . LEGAL DESCRIPTION � . RIGHT-OF —WE1Y DEDICATION : � Being a34.92 acre tract of lai�d situated in the James Edinonson Survey, AbstractNo.400, and the . S. Pritchett Survey, Abstract No. 1004, Denton County, Texas and being a portioi� of that certain tract of land conveyed to Marvin Henderson Estate Trust; as recorded in Instrument No: 96- R0055800; :Deed Records, Denton County, Texas; and being more partici►larly. described as follows: .: � BEGINNING. at a found 1/2 inch iron rod, said point being the south line of said Marvi�i Henderson fract, and being the north line df a.tract of land conveyed to Richard A, Gray, Jr as - recorded in Instrunient No. 20Q8=128436,. Deed Records, Denton County.; Texas, being a�ommon line, and being in the propased southerly right-of:way line of Bonnie Brae Street (having a, variable widtl� R.O.W.); .. THENCE North 06°26'20° West, along said common line, and along said proposed .southerly right-of-way line, a disl:ance of 20.11 feet to a found 1/2 incli'iron rod for corner; THENCE South 84°02'32" Wesf, continuing �long said common line, and along said �proposed southerly right-of-way line, a distance of 200.12 feet .to a set 1/2 inch iron rod with GA1 cap for corner; THENCE North OS°57'28" West, leavittg said cornrnon line, and alorig the proposed westerly right=of way line of said Bonnie Brae Street, a distance of 13.7b feet to a sef 1/2 inch iron rod with GAI cap for corner, for the beginning of a non-tangent .curve to the 1eft having a radius of 512.64 feet and a central angl'e of 17°] 8'17" and a�long chord which bears North 71°24'08" East, 154.24 �feet; . . THENCE conti��uing along said proposed westerly right-of-way line,.and along said non-tangent curve to the left an arc distance of 154.83 feet to a set l/2 ,inch iron rod with GAI ca� for corner, for the beginning of a compound curve to tl�e left having a radius of 244.92 feet; a central .angle af 48°22'08", atld a long cho� d which bears North 33°48'36" East, 200.67 feet; �. . - THENCE continuing along said prop.osed westerly right-of way line, and atong said oompound curve to tlle left, an arc distance of 206.76 feet to a set 1/2, inch iron rod with.GAI cap for corner; .THENCE North l I°33'42'.' East, continuing along said proposed westerly right-of-way line, a distance of 1:19.91 feet to a set.1/2 inch iron rod with GAi cap for corner; . . THENCE North 10°57'23". East, continuing along said proposed westerly right-of-wa� Iine, a distance of 221.88 feet to a set 1/2 inch iron rod witl� GAI cap.for corner; . THENCE North 14°30'42" East, conttnuing a(ong sa'id proposed westerly. right-of-way line, a distance of 118.06 feet to a set 1/2 inch iron rod wi�h GA1 cap for corner; . i � EXHIBIT "A" to Ordinance (Property Interests) Page 4 of 5 THENCE North 09°42' 14" East, continuing along said proposed westerly right-of-way line, a distance of 242.28 feet to a�set l/2 inch iron rod with GA[ cap for corner, said point being the north line of said Marvin Nenderson tract and being in the south line. af a tract conveyed to.Jack Arlyn Parkes as recorded in Valun�e 4073, Page 1207, Deeds Records, Denton Counry, Texas, being a.common line, and being in the proposec� northerly right-of way line of said Bonnie. Brae Street; . .. _ � THENCE Nortli 57°Q3'37" �East, leavii-►g said ��roposed westerly right-of-way.fine, and along said proposed northerly right-of-way line, and along said common line, a distance of 162.52 feet to a set 1/2 inch iron rod witH GAi� cap for. corne'r; � THENCE North 80°10' 16" East, •cohtinuing along said comn�on line, and along said proposed northerly right-of-way,line, a distance of 577.53 feet to the passing the southwest corner of said Parkes tract continuirtg a total distance of 958.63 feet to a set 1/2 inch ironxod with GAI cap for corner, said point being the north line of said Marvin Henderson tract and beirig in the south line of a tract coilveyed to Longhorn Council Boy Scout .Foundation, Inc, as rectirded�in Volume 450, , Page 526, �Deed Recorcls, Denton Gounty, Texas,�ar�d being in the proposed easterly right-of-way . line of said Bonriie Brae Street; " THENCE South 49°18'44" East, along said common line, and along said proposed easterly right- of-way line, a distance of 302.06 feet to a set 1l2 'inch iron rod with GAI cap for corrier; THENCE South 00°43'41" Bast, continuing along said common line; and along said proposed easterly right-of-way line, a distance of 1024.00 feet to a set 1/2 inch iron rod with GAI cap for corner, said point.6eing the southeast corner of said Marviu Henderson tract, and being the northeast corner of said Richard A. Gray traet; being a commQn iine, �ana being in the proposed � southerly.right-of-way Iine of said Bonr►ie Srae Street; � : THENCE South 89°47'U6" `JVest, along said comnion line, and atong said proposed southerly � right-of-way Iine, a distance of 6,53.feet to a set 1/2 inch iron rod with GAI cap for corner; . THENC.E South 89°42'34" West, continuing along saxd Cornnion line; and along said proposed southerly right-of-way [ine, a distance of 727.78 feet to a set.1/2 inch iron rod with GAI cap for corner; � THENCE North 73°57' l3" West, continuing a.long said' comznon line, and along said proposed � southerly right-of-way line a distance of 45.79 feet to a set 1/2 irich iron rod with GAI.cap for corner�.. ' THENCE North 73°54"-10" West, continuing atong said: common line; and along said proposed southerfy right-of way line a distance af 600,57 feet to a found 2 incki iron pipe for corner; THENCE Soirth 41°23'32" West, continuing along said comn�on line, and along said proposed southerly right-of-way litte a distance of l l 1.66 feef to a set 1/2 inch iron rod with GAI cap for corner; � THENCE South 60°29'24" \�/est, contir►uing alqilg said cominon line; and al.ong said proposed southerly right-of-way line a distance of 46.27 �feet to a set 1/2 inch iron rod with GAI �cap for cornei; . . . . EXHIBIT "A" to Ordinance (Property Interests) I . Page S of 5 . '� THENCE South 14°41'23:`. East, continuing along said coinz»on line,. and along said proposed � southerly right-of-way li�ie a distance of 13.36 feet to a found rail road spike. for corner; i THENCE North 88°43'24" West, continuii�g along said common ]ine, and. along said proposed ' southerly right-ot=way line, a distance of 48.70 feet to the POINT OF BEGINNING aiZd CONTAINING 1,520,997 �square feet, 34.92 acres of land, more .or less, .o� which:11,836 square feet of land is being iised as roadway use and drainage at this time. � OF`�� ,,,......, � ,�4�.•��s r �,�.�'� . � , �a;.¢ �..'F��.;y� ' � M.L��PE7ERSON ...• ...,`� ..5999...ti� .. ., ,� �, k� . � ° �F a�':•' p ' . -9��.,�;ss,�,.o --� _ . �'� I n�..2�- 2otZ I . . ' I . . : � � _ . � - ; � . . � . . : . . � I PAGE 1 OF 2 N29'54'16"W 110.01' TOMMY R, HOLAMON . VOL, 5164, PG. 641 . O.R.D.C.T. i N57'03'37"� ' 2.65' � ! Ei� tj6�� ' 26• : � � � ,� POINT OF HEGINIVI i G � ,15�-�ri11i��'�f•'�,'�„N�f��i � � , � N 9URVEY LLNE pOINT OF COMMENCING FNO 1/2' I.R. AICHAAD A. GpAY, JR pOC. N0. 2008-128436 D.R.D,C,7, in v to ., n w � <, :, � 0 0 z EXHIBIT "A" to Ordinance (Property Interests) JACK ApLYN PARKES VOL. 4073, PG. 1207 D.R,D,C.T. SOB'52' 17"W 104.56' �? , � , ✓' �� S61'S0'50"W � 152.95' , � ; � .�(�,v5�: � ,� ,� �5,�y� �O , ;`�wl Q,y06.Q � . I r@ , ��a� Pg� � � �z r �AQ,dtiap0�' �' � �c1 I m m �~� I , ;� i �;' ��;a�-^ti ! � r �iw�L��f. �� (p,f:J=F7��u'�••, �141 . �•- � , ' I , j � . i i . �+t.��;•d�,r�l c .,: `+; ;,a'r � fJ,, � ,+;.:, �:i.t•. �'�, �.j�� i� r�i•l,i• � �-� •..�,� BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. n SCALE: 1"=200' � r i ! r � J I � 1 I' i i ; 1 r � f ! � r ' / � � � ! i i � � �' � � � � ! MARVIN HENDEqSON E5TATE TRUST pOC, N0, 98-R0055900 O.R.D.C.T. RICHARU A. GRAY, JR OOC. N0. 2008-128436 D.R.D.C.T. NOTES; 1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY MANAGEMENT AGENCY DESIGNAT�O FLOOD PLAIN OR FLOOD PRONE AREA AS OESIGNATEO ON THE FLODD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 4B121C0370 G,EFFECTIVE DATE APRIL 18,2011. PARCEL 37--DE—i BEING A 18,335 SQ.FT./0.42 ACRE ��:.:� VARIABLE �+YIDTH DRAINAGE EASEMENT SITCJATED IN THE JAMES EDMONSON SUR�EY, ABSTRACT N0. 400 Graham Associates,lnc. DENTON COUNTY, TEXAS � CONSULTING ENOINEERS dc PLANNERS E00 SIX FLAOS DRIVE, 6UI7E 800 ARLINOTON, 7EKAS 7EO11 617) E40-B538 TBPE FlRMI F-1181/iBPLS RMt 101638-00 DATE: FEBRUARY 2012 J/Denton/P37-OE-f Page 2 of 2 EXHIBIT "A" to Ordinance (Property Interests) PARCEL 37-DE-1 LEGAL DESCRIPTION VARIABLE WIDTH DRAINAGE EASEMENT Being a 0.42 acre iract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that certain tract of land conveyed to Marvin Henderson Estate Trust, as recorded in Instrument No. 96-R0055800, Deed Records, Dentan County, Texas, and being more particularly described as follows; COMMENCING at a found 1/2 :inch iron rod, said point being the south line of said Marvin Henderson tract, and being the north line of a traci of land conveyed to Richard A. Gray, Jr as recorded in Instrument No. 2008-12843b, Deed Records, Denton County, Texas, being a common line; THENCE Norih 00°l l'17" East, leaving said common lin.e, a distance of 716,4b feet to a point for the POIlVT OF BEGINNII�G; THENCE North 29°54'16" West, a distance of 110.01 feet to a point for corner, said point being in the north line of said Marvin Henderson tract, and being in the sonth line of tract conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton County, Texas, being a common line; THENCE North 68°52'20" East, along said common line, a distance of 218,26 feet to a point for corner; TI�NCE North 57°03'37" East, continuing along said common line, a distance of 2.65 feet to a point for corner; THENCE South 08°52'17" West, leaving said common line, a distance of 104.56 feei io a point for corner; � THENCE South 61°50'50" West, a distance of 152.95 feet to the POINT OF BEGINNING and CONTAINING 18,335 square feet, 0.42 acres of land, more or less, O3�'r�_ _ PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS PURCHASE AGREEMENT (the "Agreement") is dated � � , 2012, but effective as of the date provided below, between the Marvin Henderson Estate Trust (referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, the Marvin Henderson Estate Trust is the Owner of a tract of land (the "Land") in the James Edmonson Survey, Abstract Number 400 and the 5. Pritchett Survey, Abstract No. 1004, being affected by the public improvement project called the Bonnie Brae Street Widening and Improvements Project ("Project"); and WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) an easement 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 acknowledged, the parties agree as follows: 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called), conveying to the City, subject to the reservations described below, the tract of land being described in E�ibit "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; and (ii) a Drainage Easement (the "Easement"), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Drainage Easement (the "Easement Lands"), attached herein as Attachment 2 and made a part hereof, for drainage purposes, as more particulaxly described therein. The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 1"; and (ii) the Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 2(the Fee Lands and the Easement are collectively referred to herein as the "Property"). B. Owner, subject to the limitation of such reservation made herein, shall reserve, for itself, its successors and assigns all oil, gas and other minerals in, on and urider and that may be produced from the Fee Lands. Owner, its 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 andlor production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for 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 2 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 Easement to the City, the City shall pay to Owner at Closing the sum of Three Hundred Fourteen Thousand Eight Hundred Sixty Nine and No/100 Dollars ($314,869.00). The monetary 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, any private service lines or irrigation lines situated within the Easement Lands and affected by the Project, shall either be repaired or rearranged, at the sole cost and expense of the City, as field conditions warrant. The work prescribed in this Section 3 is herein referred to as the "Easement Work". 4. The Owner shall convey and grant to the City the Fee Lands and the Easement 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 3 writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 5. Owner stipulates that the Total Monetary Compensation payment and the Easement Work constitute and include all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, value of, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the Easement Lands and/or Fee Lands related to activities conducted pursuant to the Easement 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 Easement, whether accruing now or hereafter, and Owner hereby releases for itself, its successors and assigns, the City, it's ofiicers, employees, elected officials, agents and contractors from and against any and a11 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 taxes relating to the Fee Lands for the calendar year in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of 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 4 prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to Closing) and City shall pay for those taxes attributable to the period commencing as of the Closing Date. All other typical, customary and standard closing costs associated with this transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 9.A. In the event Owner 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, 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 tertn provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of such election to City; or (ii) enforce specific performance of this Agreement. 10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY 1N THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 11. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter into any Agreement that will be binding upon the Fee Lands or Easement Lands, or upon the Owner with respect to the Fee Lands or Easement Lands. � 12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and sha11 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: :�li.�/�I�l.ii Marvin Henderson Estate Trust P.O. Box 74 Justin, Texas 76247-0074 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 Trustee(s) of the Marvin Henderson Estate Trust (as used in this Section 14, the "Trust") shall, on or before fifteen (15) days after the Effective Date, (i) deliver to City a true, correct and complete copy of the trust agreement of the Trust identifying the "true owner" of the Property; and (ii) identify the "true owner" of the Property to City, all in accordance with Section 2252.092 of the Texas Government Code. � 15. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easement. 16. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. 17. Authority to take any actions that are to be, or may be, taken by City under this Agreement and/or Easement, including without limitation, adjusting the Closing Date of this Agreementare hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer of City, or his designee. CITY OF DENTON, TEXAS By: GEORGE C. CAMPBELL, CITY MANAGER Date: , 2012 ATTEST: JE IFER WALTERS, ITY SECRETARY BY: Date: , 2012 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY . BY: Date: /�'/�/ • � -�� , 2012 OWNER: The Marvin Henderson Estate Trust By: _ Name: Title: Date: 8 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 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 : Printed Name: Title: Contract receipt date: , 2012 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 the MARVIN HENDERSON ESTATE TRUST (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Ru1e Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are 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 itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs 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 lcind 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" sha11 include oil, gas and all associated hydrocarbons and shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This canveyance is subject to the following: [Insert Permitted Exceptions] TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Page 2 of 3 EXECUTED the day of , 2012. The Marvin Henderson Estate Trust By: _ Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on , 2012 by as Trustee of the Marvin Henderson Estate Trust. 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 TDMMY R. HOLAM�N VOL. 5164, PG. 641 p,R.�.C.T. BEGINNING . . FND f/2' I.R. RICHAR� A. GRAY, JR NBB'43'24"W DDC. N0. 2008-128436 qg �p�, D.R.D.C.T. EXHIBIT "A" - Page 1 of 5 �� $ �� H W � • � W w � BASIS OF BEARING IS NORTH AMERICAN ❑ATIJM 1. THIS DEDICATION LIES WITHIN A FEDERAL EMERGENCY OF 1983 (NAD-93) STATE PLANE COORDINATE MANAGEMENT AGENCY•DESIGNATEd FLOOD PLAIN OR 5Y5TEM, TEXA5 NORTH CENTRAL. FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNI7Y NOTE: ' PANEL 4B121C0370 G,EFFECTIVE DATE APRIL iB,2011. ALL PROPERTY CDRNERS ARE SET 1/2" IRON RDUS n ry �p WI7H GAI CAPS, UNLE5S NOTE� OTHERWISE. r ARC�L 3(—RO It — 1 NOTE: SET 1/2" I.R. W/ GAI CAP 70 BE SET AT ENO OF CONSTRUC7ION. BEIN G A 1,520,997 SQ.FT./34.92 ACRE RIGHT—OF—WAY DEDICATIUN n OF WHICH 11,83fi SQ. FT. LIES WITHIN � EXISTING RIGHT—OF—WAY OF BONNIE BRAE 5TREET SCALE: 1�� =zoo � SITUATED IN THE JAMES EDMONS�N SURVEY, Graham Associates,lnc. ABSTRACT N0. 400, AND THE � CONSULTING ENGINEERS dt PLANN6RS S. PRITCHETT SURVEY aoo s�x Fuos oRwE, sui� soo ABSTRACT N0. 1 �04 u�ur�aTOr+. rous �ao�� ai� �to-a� 7BPEFlRM: F-1161/'fBPLS R�: ,o,�-� DENTON COUNTY, TEXAS � DATE: APRIL 2012 J/Denton/P37-ROW-1 pAGE 2 OF 5 .--1 H W W � � W W � �-4N�'H�OUNDAPI� �g 6NC 5C�VOl..A50�.C•�' D•�• -.�n'16"E 958.63. �, EXHIBIT "A" - Page 2 of 5 M � sq9. � �'p�6. osv� \ , \ \ � 0 0 � W a N m � 0 N 10 O O ses•az�3a°w �z�.�e� �-ses.•a�•os°w � � SURVEY LI�NE 6. 53 � RICHARD A. GRAY. JR >.�,��`� ��°- DOC. N0. 2008-12843fi �,r, �p�,�4,�� ,$� NOTE: SET i/2" T.A. W/ GAL CAP TO D.R.ti.C.T. �51.�"' � 6H SET AT ENO OF CON5TRUCTION. BASIS OF BEARING IS NORTH AMERICAN DATUM 1. THIS DEDICATION LIES WITHIN A FEDERAL EMERGENCY OF 1963 (NAO-83) STATE PLANE COORDINATE MANAGEMENT AGENCY OESIGNATED FLOOD PLAIN OR SYSTEM, 7EXAS NORTH CENTRAL. FLOOD PRDNE AREA AS DESIGNATED ON THE FLODD INSURANCE RATE MAP FOR DENTON COUNTY CDMMUNITY PANEL A8121C0370 G,EFFECTIVE DATE APRIL 18,2011. NOTE: WITHPGAIECAPSC�UNLESSANOTEOTOTHERWISEN R�OS pAgCEL 37"RO�-1 BEING A 1,520,997 SQ.FT./34.92 ACRE RIGHT—OF—WAY DEDICATION n OF WHICH 11,836 SQ. FT. I.IES WITHIN EXISTING RIGHT—OF—WAY OF BONNIE BRAE STREET SCALE: 1��=zoo� SITUATED IN THE JAMES EDMON50N SURVEY, Graham Associates,inc. �STRACT N0. 400, AND THE . CONSULTING ENGINEERS dt PL4NN6RS S. PRITCHETT SURVEY e� �X �.+� o��. �� ABSTRACT N0. 1004 ,u�uNOroH. ,nUS �sm, ce,� s,c—es� . 7BPE FlRM: F-1191l1BPL4 FlRM: ima�s—oo DENTON COUNTY, TEXAS DATE: APRIt. 2012 ,..,.�„��,,., .,, ,,,,.. , EXHIBIT "A". - Page 3 of 5 Page 3 of 5 . � � PARCEL 37-ROW-1 � . LEGAL DESCRIPTION � . . = RIGHT-OF —W�Y DEDICATION : � Being a 34,92 acre tract of land situated in the James Edmonson Survey, Abstract No.400, and the . S. Pritchett Survey, Abstraot No, 1004, Denton County, Texas and being a portioit.of that certain tract of land conveyed to Marvin Henderson Estate T�-ust, as recorded in Instrument No: 96- R0055800, Deed Records, Dentori County,'Texas, and�being more partici�larly. described as follows: .: BEGINNING. at a found 1/2 inch iron rod, said point being tlie south line of said Marvin Henderson tract, and being the north line df a tract of land conveyed to Richard. A. Gray, 1r as recorded in Instrunient No. 2008=128436,. Deed Records, Denton County.; Texas, being a coinmon line, and being in the. proposed southerly right-of:way line of Bonnie Brae Street. (having a variable width R.O.W.); THENCE North 06°2b'20". West, along said common line, aitd along_ said proposed .southerly right-of-way lirie, a disl:ance of 20.11 feet to a found 1/2 incli'iron�rod for corner; . THENCE South $4°02'32" Wesf, continuing along said .common line, aiid along said proposed southerly right-of-way iine, a distance of 200:12 feet io a set 1/2 inch iron rod with GA1 cap.for corner; . THENCE North OS°57'28" West, leaving said cornmon Iine, and alorig the proposed westerly right�of-way line of said Bonnie Brae Street, a distance of 13.76 feet to a sef 1/2 inch iron rod with GA1 cap for corner, for the beginning�of a non-tangent.curve to the left having a radius of 512.64 feet and a cent�al angl'e of 17°18'17" and a long chord which bears North 71°24'08" East, 154.24 feet; . . THENCE continuing along said proposed westerly right-of-way line,.and along said non-tangent curve to the left an arc. distance of 154.83 feet to a set l/2 .inch iron.rod with GAI cap for corner, for the beginning of a compound curve to the left having a radius of 244.92 feet; a central .angle of 48°22'O8", aild a long chord which bears North 33°48'36" East, 200.6� feet; � THENCE continuing alorig said pxop.osed westerly right-of-way line, and atong said compound curve to the left, an arc disYance of 206.76 feet to a set 1/2, inch iron rod with.GAI cap for.corner; .THENCE North 1I°33'42'.' East, continuing along said proposed westerly rigirt-of-way line, a distance of 1:19.4] feet to a set.1/2 inch iron rod with GAi cap for corner; � � THENCE North 10°57'23" East, continuing along said proposed westerly right-of.-way line, a distance of 221.8$ feet to a set 1/2 inch iron rod with GA1 cap.for corner; .. THENCE North 14°30'42" East, conttnuing along said proposed westerly. riglrt-of-way line, a distance of 118.06 feet to a set 1/2 inch iron rod wiYh GAI cap for corner; .� � ,. I : EXHIBIT „A" _ Page 4 of 5 Page 4 of 5 � THENCE North 09°42' 14" East, continuing along said proposed westerly right-of-way line, a ` distance of 242.28 feet to a set 1/2 inch irort rod with GAI cap for corner, said point 6eing the noi�th Eine of said Marvin Henderson tract and being in the south line. of a tract conveyed to Jack Arlyn Parlces as recorded in Volume 4073, Page I207, Deeds Records, Deriton.�ounty, Texas, being a.common line, �and beiz�t� in the proposec3 northerly right-of-way line of said Bomiie Brae Street; THENCE Nortli 57°a3'37" East, leavii-►g said j�roposec! westerly riglit-of-way.[ine,. and along said �proposed northerly right-of-way line, and alon� said common line, a distance of 162.52 feet to a set 1/2 incii iron rod witli GAI` cap for corner; THENCE North.8Q°10'16" East, cohtinuing along said common iine, ai�d along said proposed northerly right-of-way.lirie, a distance of 577.53 feet to the passing the sauthwest corner,of said . Parkes tract continuing a total distance of 958.63 feet to a set 1/2 ,ineh. iron.rod with GAI cap for corner, said point being the north line of said Marvin Henderson tract and beirig in the south �line of a tract conveyed to Longf�orn Council Boy.Scout Foundation, Inc, asrectirded in Volume 450, Page 5.26, ��Deed Recorcls, Denton Gounty, Texas; and being in the proposed easter{y right-of-way . line of said Bonnie Brae St�•eet; THENCE South 49° 18'44" East, along said cominon line,� and along said proposed easterly right- of-way line, a distance of 302.06 feet to a set 1l2 inch iron rod with GAI cap for.corner; � THENCE South 00°43'41" East, continuing along said common line; and along said proposed easterly right-of way ]ine, a distanee of 1029.00 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being tl�e southeast corner of said Marvin Henderson tract, and being the northeast corner of said Richard A. Gray tract; being a comm�n line, and being in the proposed southerly.right-of-way line of said Bonnie Srae Street; . THENCE South 89°47'06° West, along said comrr►on line, and along said proposed south0rly : right-of-way line, a distance of 6.53 feet to a set 1/2 inch iron rod with GAI cap for corner; , THENC.E South 89°42'34" West, continaing along said Comn�on line; and along said proposed southerly right-of-way [ine, a distance of 727.78 feet to a set. I/2 inch iron rod with GAI cap for comer; . . THENCE North 73°5_7' 13" West, continuing a.iong said' common line� and afong said proposed souther(y right-of-way line a distance of 45.79 feet to a set 1/2 irich.iron rod `with GAI.cap for corner�.. � THENCE North 73°54':10" West, continuing along said:common line, and.al.ong said proposed southerly right-of-way ]ine a distance of 600.57 feet to a found 2 incki iron pipe for corner; THENCE South 4]°23'32" West, continuing along said comnion line; and �long said proposed southerly right-o%way line a distance of l l 1.66 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 60°29'24" West, continuing along said cominon line; and al.ong said proposed southerly right-of way line a distance of 4d.27 feet to a seY 1/2 inch iron rod with GAI cap for cornez; � EXHIBIT "A" - Page 5 of 5 ° I i Page 5 of 5 , ' I THENCE South 14°41'23". East, continuing along said coinmon line, and along said proposed i southerly right-of-way liile a distance of 13.36 feet to a found rail road spike. for corner; THENCE North 88°43'24" West, continuing along said common line, and. along said proposed ; southerly right-of-way line, a distance of 48.70 feet to the POINT OF BEGINNING a�id . C�NTA[NWG 1,520,997 �square feet, 34.92 .acres of land, more .ar less, .of which:l1,836 square feet df land is being used as roadway use and drainage at this time. . 0� ` �, . . � ' ,�P�; �; s 'r' �� ,�'�. i , �r4 � . `�o';�cP I • � M.L��PE7ERSON i . �':�ao5999��:� I I � . -p�" :ti�ss!°'' -� I b . .� .. � I n�,,.'L¢'- ZotZ ��' . ; . � , � _ ;� - ; . ,, : , I . . . � _ � . . � �. �I �� '� _ . . . � � . � . I _ i � . � ,. . � . - . .. i � � . � . I � _ � _ �, . I I . I . � . , .'�, ATTACHMENT 2 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DRAINAGE EASEMENT THE STATE OF TEXAS , COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT the Marvin Henderson Estate Trust ("Grantor"), whose mailing address is P.O. Box 74, Justin, Texas 76247-0074, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual drainage easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the James Edmonson Survey, Abstract Number 400, to wit: PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, including without limitation, the right to overflow the Property, and related structures, facilities and appurtenances, in, along, upon, under, over and across said Property. The rights granted herein shall further include, without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said drainage facilities and/or drainage features or grade or any part thereof. This Easement is subject to the following covenants and agreements: 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, sha11 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 malce further payment to Grantor, 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to malce use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. � Witness my hand, this the _ day of , 2012. Grantor: The Marvin Henderson Estate Trust By: _ Name: Title: THE STATE OF TEXAS COUNTY OF DENTON ACKNOWLEDGMENT 0 0 This instrument was acknowledged before me on , 2012 by as Trustee of the Marvin Henderson Estate Trust. 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 Notary Public, in and for the State of Texas My Commission Expires: � 2012, for the City of Denton, pAGE 1 OF 2 N29'54' 15"W 110.01' TOMMY H. HOLAMON VOL, 5164, PG. 641 O.q.O.C.T. 1 N57 '03' 37"E 2.65' POINT OF BEGINNI i G •ir:��i., •.��.e,,�a5 � � ' t:�Ml. . J� ��s� s>> r �. � 8URVEY LLNE � � ¢ � I ,. POINT OF COMMENCING FNO i/a� i.p, RICHARD A. GRAY, JR OOC, ND. 2008-128436 D.H,D.C.T. E N692 � '� �, / in v �ri ., h W � � � � O d Z . �� I i � JACK AHLYN PARKES VOL, 4073, PG. 1207 ❑,R.D,C.T. r r ! i 508'52'17"W ( 904,56' • � r � � � � 1� I I � t ' I 1 � � � �r i � Ir O � � � � a I .. • i' , i, r� ' , S61 '50' 50 "W � 152.95' , � i qPJ��. i ,� ' �y,� �� pp ! ;� � O�Pg09 G�� . / �m 1.�� Q, �' l �z I � Q,`1tip��' � � ; �m � P IH� � �� l, IxH� � �1� ;�„�,'�� ista�� , ' ��`!:f-_� �i'��-�,u,:v`: r'�iJ, "- / . f t ��'!ti•''a�'�'�"�.`! ! 3,� � �,i•'!• ' � ,.�� ''i��y i N��•.�i1, ��. BASIS OF BEARING I5 NOFTH AMERICAN OATUM QF 9983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. n SCALE: 1"=200' EXHIBIT "A" - Page 1 of 2 I ( i 1 � MARVIN HENOEqSpN ESTATE TRU5T OOC, N0, 96-R0055900 O.A.D.C.T. RICHARD A. GRAY, JR DOC. N0. 2008-128436 D.R.D.C.T. NOTES; 1. THIS EASEMENT LY�S WITHIN A FEDERAL EMERGENCY MANAGEMENT AGENCY pESIGNATEd FLOOD PLAIN OR FL000 PAONE AFEA AS DESIGNATED ON 7HE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48121C0370 G,EFFECTIVE DATE APRIL 18,2011. PARCEL 37—DE—i BEING A 18,335 SQ.FT./0.42 ACRE ��:.;� VARIABLE WIDTH DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SUR�EY, AHSTRACT N0. 40U Graham Associates,lnc. DENTON COUNTY, TEXAS � CONSUL71N0 �NQINEERS dc PIANNERS eoo s�x �uos oRivs, sui� eao 1BPE Fl Mi �FE-1181/7HPl.S fIRAf� �1 10 D3E-00 DATE: FEBRUARY 2012 J/Denton/P37-OE-f Page 2 of 2 PARCEL 37-DE-1 LEGAL DESCRIPTION VARIABLE WIDTH DRAINAGE EASEMENT EXHIBIT "A" - Page 2 of 2 Being a 0.42 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that certain tract of land conveyed to Marvin Henderson Estate Trust, as recorded in Instrument No. 96-R0055800, Deed Records, Den.ton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 ;tnch iron rod, said point being the south line of said Marvin Henderson tract, and being the north line of a tract of land conveyed to Richard A. Gray, Jr as recorded in Instrument No. 2008-128436, Deed Records, Denton County, Texas, being a common line; THENCE North 00°11'17" East, lear+ing said common lin�e, a distaiace of 716.46 feet ta a point for the POINT OF BEGINNING; 'I'I�NCE North 29°54'16" West, a distance of 110.01 feet to a point for corner, said point being in the north line of said Marvin Henderson tract, and being in the south line of tract conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton County, Texas, being a common line; THENCE North 68°52'20" East, along said common line, a distance of 218,26 feet to a point for corner; TI�NCE North 57°03'37" East, continuing along said common line, a distance of 2.65 feet to a point for corner; THENCE South 08°52'17" West, leaving said common line, a distance of 104.56 feet to a point for corner; THENCE South 61°50'S0" West, a distance of 152.95 feet to the POINT OF BEGINNING and CONTAINING 18,335 square feet, 0.42 acres of land, more or less, 03—r5 - �_ _