2012-109s:llegallour documentslordinances\121bonnie brae - parcel 60 - joab acquisition ordinance.doc
ORDINANCE NO. 2� 12-1 �9
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 0.73 ACRE TRACT, SITUATED 1N THE WILLIAM ROARK
SURVEY, ABSTR.ACT NO. 1087, LOCATED 1N THE CITY OF DENTON, DENTON
COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY
SOUTHEAST OF THE INTERSECTION OF SOUTH BONNIE BRAE STREET AND
VINTAGE PARKWAY (THE "PROPERTY 1NTERESTS"), 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 JOAB PARTNERS, L.P., A TEXAS LIMITED PARTNERSHIP (THE "OWNER")
TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF THIRTY
EIGHT THOUSAND THREE HUNDRED EIGHTY SEVEN DOLLARS AND NO CENTS
($38,387.00), 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 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 $38,387.00 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.
r
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.
f�
PASSED AND APPROVED this the �J ' day of � �. , 2012.
�
This ordinance sha11 become effective immediately upon its passage and
MARK . O GHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ,
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
PAGE 1 OF 3
BA5I5 OF BEARING IS NORTH AMERICAN �ATUM
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EXHIBIT "A" to Ordinance (Property Interests)
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PARCEL 60"'ROw—� NOTE; 5ET 1/2" I.R, W/ GAI CAP TO
BE TNG A BE SET AT EN� OF CONSTRUCTION.
31,968 SQ.FT./0.73 ACRE
VARIABLE WIDTH
RIGHT—OF—WAY DEDICATION
�F WHICH 24,536 SQ. FT. LIES yVITHIN
EXISTING RYGHT—OF-�WAY OF BONNIE BRAE STREET
SITUATED IN THE WTLLIAM ROARK SURVEY,
ABSTRACT N0. 1087,
�
DENTON COUNTY, TEXAS �HAPHIC SCALE �--+ao�
� Graham Associates,lnc. 0 6o ioo �50
■ CONSULTING ENGiNEERS �C PLANNERS
900 311f FLA03 DRIVE, SUI7E 800
/UiLINOTON, �x�s 7eot� (617) E�10–B635 DATE: SEPTEMBER 2011
TBPE Fl11Mt F-1191/79PLS FlRMs 10163E-00
J/Oenton/P60–Rawi
PAGE 2 OF 3
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 60-ROW-1
LEGAL DESCRIl'TION
VARIABLE. WIDTH RIGHT-OF-WAY DEDICATION
BEING a d,'73 acre iract of land situated in the James L. Harris Survey, Abstract No, 555,
the J. Edmonson Survey, Abstract No. 401 and the William Roark Survey, Abstract No,
1067, Denton County, Texas, being a portion of the Remainder Tract of Joab Partners,
L.P., as recorded in Volume 4203, Page 855, Deed Records, Denton County, Texas. Said
0.73 acre tract of land being more particularly described by metes and bounds as follows:
COMMENCING at a found 5/8 inch iron rod with MMA cap, being the southwest corner
of Lot 1, Block B, Meadows At Hickorq Creek, Phase One, as recorded in Cabinet X,
Page 420, Plat Records, Denton County, Texas, being in the east line of said Remainder
Tract of Joab Partners and being in the existing north right-of-way line of Vintage
Boulevard (a 135 foot R.O.W. at this point); .
THENCE South 59°59'S9" West, leaving said existing north right-of-way line, for a
distance oF 277.56 feet to a set 1/2 inch iron rod with GAI cap for corner, being the
POINT OF BEGiNNING, and being the most northerly point of a corner-clip with the
existing south right-of-way line of said Vintage Boulevard and the proposed east right-of-
way line of Bonnie Brae Street {a variable width R.O,W.);
THENCE South 43°51'46" West, leaving �said existing south right-of-way line and
following along said corner-clip, for a distance af 42,25 feet to a set 1/2 inch iron rod
with GAI cap for corner, being in said proposed east right-of-way line of Bonnie Brae
Street;
THENCE South O1 °22'41" East, along said proposed east right-of way line, for a distance
of 52.10 feet to a set 1/2 inch iron rod with GAI cap for corner, being the beginning of a
tangent curve to the right having a radius of 847.50 feet, a central angle of 07°02'O1" and
a long chord which beaxs South 02°08'20" West, 103.98 feet;
THENCE southwesterly, along said proposed east right-oi way line and said curve to the
right, an arc distance of 104,04 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE South OS°39'20" West, continuing along said proposed east right-of=way line,
for a distance of 112.00 feet to a set 1/2 inch iron rod with GAI cap for corner, being the
beginning of a tangent cuxve to the left having a radius of 752.5� feet, a central angle of
OS°51'32" and a long chord which bears South 02°43'34" West, 76.92 feet;
THENCE southwesterly, along said proposed east right-of-way line and said curve to the
left, an arc distance of 76.95 feet to a set 1/2 ineh iron rod with GAI cap for corner;
EXHIBIT "A" to Ordinance (Property Interests)
PAGE30F3
THENCE South 04°12'12" East, continuing along said proposed east right-of-way line,
for a distance of 86,53 feet to a set 1/2 inch iron rod with GAI cap £or corner, being in the
south line of said Rernainder Tract of Joab Partners, L.P, said point alsa being in the
north line of the Ceasar R, Suarez and Martha San Miguel tract as recorded in Tnstrument
No. 2005-31176, Deed Records, Denton County, Texas, being a common line;
THENCE South 89°14'29" West, leaving said proposed east right-of-way line and along
said common line, for a distance of 56.74 feet to a point for corner, being in the existing
east right-of-way line of said Bonnie Brae Street {a variable width R.O.W.);
THENCE North 00°36'31" West, leaving said common line and along said existing east
right-of-way line, for a distance of 460.36 feet to a point for corner, being in said existing
south right-of-way line of Vintage Boulevard;
THENCE North 89°o6'12" East, leaving said existing east right-of-way Iine and
following along said existing south right-of-way line of Vintage Boulevard, for a distance
of 107.93 feet to the P�INT OF BEGINNING and CONTAINING 31,968 square feet or
0.73 acres of land, more or less, of which 24,536 square feet of land is being used as
roadway use and drainage at this time,
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 JOAB PARTN RS, L.P., a Texas
limited partnership (referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, JOAB PARTNERS, L.P., a Texas limited partnership, is the Owner of a tract
of land (the "Land") in the William Roark Survey, Abstract Number 1087, 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 fee simple lands, being a part of the Land, 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 sha11 grant, execute, and deliver to the City 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.
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1".
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 under 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 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).
2
As used herein, the term "surface of the Fee Lands" shall include the axea 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 to the City, the City shall pay
to Owner at Closing the sum of Thirty Eight Thousand Three Hundred Eighty Seven and No/100
Dollars ($38,387.00). The monetary compensation prescribed in this Section 2 is herein referred to
as the "Total Monetary Compensation".
3. The Owner shall convey and grant to the City the Fee Lands 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, if necessary in the discretion of the
City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any damage to
or diminution in the value of the remainder of Owner's property caused by, incident to, or related to
the Project, value of, damage to and/or costs of repair, replacement andlor relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the
Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands,
interference with Owner's activities on other property interests of Owner, caused by or related to
activities related to the Proj ect on the Fee Lands, whether accruing now or hereafter, and Owner
hereby releases for itself, its 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.
5. 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.
6. 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 calendax 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 the Closing Date) 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.
7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this
Agreement.
8.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity to
cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, the remedy of specific performance.
4
B. In the event City sha11 default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce specific performance of this Agreement.
9. 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.
10. 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 (ii) enter into any Agreement
that will be binding upon the Fee Lands, or upon the Owner with respect to the Fee Lands after the
date of Closing.
11. 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 and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
OWNER:
JOAB PARTNERS, L.P.
Phone_
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
5
Copies to:
For Owner: For Citv:
Telecopy:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the talcing of
any portion of the Fee Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
15. Authority to take any actions that are to be, or may be, taken by City under this Agreement,
including without limitation, adjusting the Closing Date of this Agreement are hereby delegated
by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer
of City, or his designee.
CITY OF DENTON, TEXAS
By: t=
GEORGE C. CAMPBELL,
CITY MANAGER
Date: � q � , 2012
0
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
Date
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATT�RNEY
BY: � .
Date: �%r % , 2012
OWNER:
JOAB PARTNERS, L.P., a Texas limited partnership
By: _
Name:
Title:
Date:
7
2012
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
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
:3
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 SEFORE 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 JOAB PARTNERS, L.P., a Texas limited partnership (herein called
"Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY
OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called
"Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which
are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly 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 tanlc batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subj acent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, and/or related to the exploration or
production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (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, sha11 be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
This conveyance is subject to the following:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WAItRANT 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.
JOAB PARTNERS, L.P., a Texas limited
partnership
By: _
Name:
Title:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on , 2012 by
, of JOAB PARTNERS, L.P., a
Texas limited partnership, on behalf of said limited partnership.
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 3
BASIS OF BEARING I3 NORTH AMEflICAN DATUM
OF 1983 (NAO-83) STATE PLANE CODH�INATE
SY3TEM, TEXAS NOATH CENTRAL.
._ . . - -- •-- � — FUINI'_ OF BE�C.�ZNNTNG
_ . - - - �BET !/2'IR/fiAI CAP
-- ' VIIVTAGE �.O�LEVARD
_. .. ...._ "(135' R.O.W.�-
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.� �_ �::s
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` tg .i��,�`_! e
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PUBLIC SAF'ETY TRAINING FACILITY
LOT 2, BLOCK A
C.C.NO. 2009-224
P.R.D.C.i.
_ SUNVEY LINE
`_�1,.
rf:� �:',
�';:
� ; .n,ti'-
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M89•O6'12"
107.93'
N00 •36' 3i
460.36'
EXHIBIT "A" - Pa�e 1 of 3
� � �
I` I 20' P�EqEN�7TpN COUNTY ELECTRIC
�, 6�EASEME�YE iNC., A.o.N.
va.. �a, aa ei POINT OF
� V0L• 1691 Pb• 'g� COMMENCING
I I o.n.o c.s:
, �• I I(APPRSX. LOCATIGIh FNO 6/9•IR/MMA __
�T�I
I � �CRPBBTE% �C OA{�iNO�CONPANY J.V.
i I I I, C.C. ND. 200Md65E2B �p
D.H��.C.T. ' D" . _ -- -
� � � -� ., ,608- 9HAtl6ARK dq '
Z� _. LOT i fiLOCK B
- �"l�- ' - D:frHORTbN'TEXAS LT0
I� � ^ g9 .-. -- f HEAOUWS AT HICK�qY CpEEK
� � � � � �j� PHA9E DNE
6�9 CAB. X, P0. 420
� I '� I � P.q.D.C.T.
�: � �
I � EXI8TIN6 R.O.M.
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W I. I�
�----------------�
�343 '51 ' 46"W
A2.25' �
SET 1/2'IH/OAI CAP �
-301'22'1!"E
52.10'
8ET i/8'IR/GAI CAP
/-e- �•oz�os°
R�847.50'
T�58.09'
L-104.04'
802'08'20'W
Lc�103.98'
" SET 1/2'IR/OAI CAP
-S05•39'20"W
112,00'
I . ; I • PROP08E�
I I;� a.o.N.
REMAINDER TRAC7
JOAB PARTNERS, L.P.
VOL. 4203, PG. 855
D.R.D.C.T.
I I� � SET i/2'IR/GAI CAP
� �
� �; �= 6'51'32"
� � ; �—T�39?5!� �
L-76.95'
• � �• 902'A3'34"W
I . � ,; L�a76.92'
I �• 9E7 !/2'IR/OAI CAP
I I i
� � soo•i2�ia^E
86.63'
�. � .
� '�� BET !/8'IR/GAI CAP
�
`389•1A'24"W
56.74'
.: ,
PARCEL 60—RO�i-1 NOTE: SET !/2" I. R. W/ GAI CAP TO
BEING A BE SET AT EN� OF CONSTRUCTION.
31,968 SQ.FT./0.73 ACRE
VARIABLE WIDTH
RIGHT—OF—WAY DEDICATYON
UF WHICH 24,53B SQ. FT. LIES WITHIN
EXISTING RIGHT—OF—WAY OF BONNIE BRAE STREET
SITUATED IN THE WILLIAM ROARK SURVEY,
ABSTRACT N0. 1 Q8'7,
�
DENTON COUNTY, TEXAS �RAPNIC SCALE �--soo�
� Graham Assaciates,lnc. 0 50 �oo �60
CQNSULTING ENOINEERS d� PlANNERS
eoo s�x Fuas on�+�, sui� soo
�E �' F_� j��� Fl81 ,°a�� � DATE: SEPTEMBER 20 i 1
J/Oenton/P80-Row!
PAGE 2 OF 3
EXHIBIT "A" - Page 2 of 3
PARCEL 60-ROW-1
LEGAL DESCRIPTION
VARIABLE. WIDTH RIGHT-OF-WAY DEDICATION
BEING a 0.73 acre tract of land situated in the James L. Harris Survey, Abstract No. 555,
the J, Edmonson Survey, Abstract No, 401 and the V�7illiam Roark Survey, Abstract No.
1067, Denton County, Texas, being a portion of the Remainder Tract of Joab Partners,
L.P,, as recorded in Volume 4203, Page 855, Deed Records, Denton County, Texas. Said
0.73 acre tract of land being more particularly described by metes and bounds as follows:
COMMENCTNG at a found 5/8 inch iron rod with MMA cap, being the southwest corner
of Lot 1, Block B, Meadows At Hickory Creek, Phase One, as recorded in Cabinet X,
Page 420, Plat Records, Denton Cvunty, Texas, being in the east line of said Remainder
Tract of Joab Partners and being in the existing north right-of-way line of Vintage
Boulevard (a 135 foot R.O,W. at this point);
THENCE South S9°59'S9" West, leaving said existing north right-of-way line, for a
distance of 277.56 feet to a set 1/2 inch iron rod with GAI cap for corner, being the
POINT OF BEGINNING, and being the most northerly point of a corner-clip with the
existing south right-of-way line of said Vintage Boulevard and ihe proposed east right-of-
way line of Bonnie Brae Street (a variable width R.O.VV.);
THENCE South 43°51'46" West, leaving �said existing south right-of-way line and
fbllowing along said corner-clip, for a distance of 42,25 feet to a set 1/2 inch iron rod
with GAI cap for corner, being in said proposed east right-of-way line of Bonnie Brae
Street;
THENCE South Ol °22'41" East, along said proposed east right-o%way line, for a distance
of 52.10 feet to a set 1/2 inch iron rod with GAI cap for corner, being the beginning of a
tangent curve to the right having a radius of 847.50 feet, a central angle of 07°02'Ol" and
a long chord which bears South 02°OS'20" West,103.98 feet;
THENCE southwestarly, along said proposed east right-of-way line and said curve to the
right, an arc distance of 104.04 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE South OS°39'20" West, continuing along said proposed east right-of way line,
for a distance of 112,00 feet to a set 1/2 inch iron rod with GAI cap for corner, being the
beginning of a tangent curve to the Ieft having a radius of 752.50 feet, a central angle of
OS°51'32" and a long chord wluch bears South 02°43'34" West, 76.92 feet;
THENCE southwesterly, along said proposed east right-of-way line and said curve to the
left, an arc distance of 76.95 feet to a set 1/2 inch iron rod with GAI cap for corner;
EXHIBIT "A" - Page 3 of 3
PAGE 3 OF 3
THENCE South 00°12'12" East, continuing along said proposed east right-of-way line,
for a distance of 86.53 feet to a set 1/2 inch iron rod with GAI cap for corner, being in the
south line of said Remainder Tract of Joab Partners, L.P, said point also being in the
north line of the Ceasar R. Suarez and Martha San Miguel tract as recorded in Instrument
No. 2005-31176, Deed Records, Denton County, Texas, being a common line;
THENCE South 89°14'29" West, leaving said proposed east right-of-way line and along
said common line, for a distance of 56.74 feet to a point for corner, being in the existing
east right-of-way li.ne of said Bonnie Brae Street (a variable width R.O.W.};
THENCE North 00°36'31" West, leaving said common line and along said existing east
right-of-way line, for a distance of 460.36 feet to a point for corner, being in said existing
south right-of-way line of Vintage Boulevard;
THENCE North 89°06'12" East, leaving said existing east right-of-way line and
following along said existing south right-of-way line of Vintage Boulevard, for a distance
of 107.93 feet to the POINT OF BEGINNING and CONTAINING 31,968 square feet or
0.73 acres of 1and, more or less, of which 24,536 square feet of Iand is being used as
roadway use and drainage at this time.
O��i s—�.�.