2012-108s:llegal\our documentslordinances\1216onnie brae - parcel 58 - joab acyuisition ordinance.doc
ORDINANCE NO. 2� 12-10g
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 0.58 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
NORTHEAST OF THE 1NTERSECTION 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 INTERESTS FOR THE PURCHASE PRICE OF
SEVENTY FOUR THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS AND NO
CENTS ($74,627.00), 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 E�ibit "B", with a purchase price of $74,627.00 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 �,J��cday of `%� , 2012.
MA A. O S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
, �
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.�• ,
By:
PAGE ! OF 2
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PARC EL 5 8'� R OW— 1 SYSTEM, TEXAS NORTH CENTRAL,
BEING A
25,462 SQ.FT./0.58 ACRE
VARIABLE WIDTH ,RIGHT—OF—WAY DEDICATION
OF WHICH 10,643 SQ. FT. LIES WITHIN
EXISTING RIGHT—OF—WAY OF BONNIE BRAE STREET
SITUATED IN THE WILLIAM ROARK SURVEY,
ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
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DATE: JANUARY 2012
J/Denton/P58-Row-1
PAGE 2 OF 2
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 58-ROW-1
LEGAL DESCRIl'TION
VARIABLE WIDTH RIGHT-OF-WAY DEDICATION
BEING a 0.58 acre tract of land situated in the James L. Harris Survey, Abstract No. 555 and the
William Roarlc 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 0.58 acre tract of land being more particularly described by metes
and bounds as follows:
BEGINNING at a found 5/8 inch �ron rod, being the southwest corner of a 48.50 foot right-of-
way dedication conveyed by deed to the City of Denton, as recorded in Instrument No. 2011-
124642, Deed Records, Denton Cotu�.ty, Texas, being in the north line of said Remainder Tract of
Joab Partners and being 'vn the existing east right-of-way line of Bonnie Brae Street (a variable
width R.O.W.);
THENCE North 89°22'09" East, leavmg said existing east right-of-way line and following along
said north line of Remainder Tract of Joab Partners, fox a distance of 48.50 feet to a set 1/2 inch
iron rod with GAI cap for corner, being in the proposed east right-of-way line of said Bonnie
Brae Street;
THENCE South O1°19'09" East, leaving said north line and following along said proposed east
right-of-way Iine, for a distance of 269.62 feet io a set 1/2 inch iron rod with GAI cap for corner,
being the most northerly point of a corner-clip with the existing north right-of-way line of
Vintage Boulevard;
THENCE South 46°08'14" East, along said corner-clip, for a distance of 22.04 feet to a set 1/2
inch iron rod with GAI cap for corner, being in said existing north right-of-way line of Vintage
Boulevard (a 135 foot R.O.W, at this point);
THENCE South 89°06'12" West, along said existing north right-of-way line, for a distance of
106.12 feet to a point for corner, being in said existing east right-of-way line of Bonnie Brae
Street;
THENCE North 00°36'31" West, leaving said exasting north right-of-way line and following
along said existing east right-of-way line, for a distance of 285.54 feet to a point for corner;
THENCE North 89°22'09" East, continuing along said e�sting east right-of-way line, for a
distance of 38.54 feet to the POINT OF BEGINNiNG and CONTAINING 25,462 square feet or
0.58 acres of land, more or less, of which 10,643 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 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 the JOAB PAR�`N 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 shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservation 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 tanlc 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" 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 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 to the City, the City shall pay
to Owner at Closing the sum of Seventy Four Thousand Six Hundred Twenty Seven and No/100
Dollars ($74,627.00). 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 and/or 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 Project on the Fee Lands, whether accruing now or hereafter, and Owner
3
hereby releases for itself, its successors and assigns, the City, it's officers, 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.
5. The Closing (herein so called) shall occur in and through the office of Universal Title Agency,
LLC, dlb/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
t�es levied against the Fee Lands for the calendar year in which Closing shall occur is lcnown. 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 sha11 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
4
cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, the remedy of speciiic performance.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as 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 THI5
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:
• �/► :
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 taking 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:
GEORGE C. CAMPBELL,
CITY MANAGER
0
—
Date: � "� , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date: � , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
< <�-�
Date: �'`'y � , 2012
OWNER:
JOAB PARTNERS, L.P., a Texas limited partnership
By: _
Name:
Title:
Date: , 2012
7
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone; (972) 206-7570
Telecopy: (972) 206-2870
:
Printed Name:
Title:
Contract receipt date: , 2012
0
s:Uegal\our documentslcontracts\1216onnie brae - pazcel 58 - joab special warranty deed.doc
ATTACHMENT 1
T�
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 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, subj ect 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
1
with or related to the reserved oil, gas, and other rninerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without
limitation, use or access of the surface of the Property for the location of any well or drill
sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, and/or related to the exploration or
production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) 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 conveyance is subject to the following:
[Insert Permitted Exceptions]
TO HAVE AND TOI 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 STATE OF TEXAS
COUNTY OF DENTON
§
JOAB PARTNERS, L.P., a Texas limited
partnership
gy: _
Name:
Title:
ACKNOWLEDGMENT
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 2
PINOT DRIVE
(so� R,o.w.)
4706 RHONE DR
lOT 9 BLOCK 2
HEATHEEi JENNINGS
4709 RHONE DR
LO JOFIN BL Aq 2
4713 HHONE UR
I.OT 7, BLOCK 2
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OENTON CJW PARTNERB, LTO.
C.C. ND. 9B-R0036801
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EXHIBIT "A" - Pa�e 1 of 2
I � 3
IPJT OF � �Q
GINNIN(� .
'ND 6/8'IR � r��o
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aECO.�IOH N �
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� 48l3 JOE VAN NAY
LOT 12, 9LOCff 8
I KEVIN PRATHEA
I LOT 13 E BLOCK BY
� OR.HORTON TEXAS LTO
REMAINOER TRACT
JOAe PARTNEHS, L.P.
VOL. 4203, PG. 855
D.R.D.C.T. �
•S03'19'09"E ,� ..
Z69.62' . , , +'
PROP09E0 R.O.M. •
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SET 1/8'IR/QAI CAP
•346'08'14'E
f/2'IR/GAI CAP
°"'° "°° �•°.••. � ERISTINO R.O.N�
�� SB9'06 � 12"W I �I I 80' OEqNTON COUHTY ELECTRIC
.. SO6. 1P' ' I I'. I`COOPEEXENL INO�� R.0.X. '�
' - � - — - - ' � � VIXE.A8104. P0. 91 - ' '- — — — ' — .
- .� _.- - - - - � . � � I � V�OR.Ofc3Y P0. 138 - " -�- -
. _ - .•- -- � - -� .•- � _ " . _ . ._ ._ . _ _ �_ ..~� ? � ( � I I �(APPRDIf: -kA0AFI0N) -- - '- - •- - - � - .. .
.._ _. _ . . .. .- _. ....._ � ^' I �I I ��....10' PIPEI E q.O.X. EASENENT ' -� -
_ ._. , ..- -�VfNTAGE HOULEVARD - — - .- � 1- - I .-' -F`�89TEM � �A�NB-COMPANY-J.V.
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, PUBLIC SAFETY TRAININO FACILITY W 3
• �OT 8, BLOCK A j I; '
C.C.NO. 2009-224 m
' P.R.D.c.T. �¢ ( I� NOTE: SET 1/2" I.R. W/ GAI CAP TO
• 1.>
<
�=: �:' BE SET Ai END OF CONSTRUCTION.
` �� I I'BASIS OF BEARING IS NOATH AMERICAN DATUM
� � OF 1983 (NAO-83) STATE PLANE COORDINATE
PARC EL 58 — ROW— 1 SYSTEM, TEXAS NaR7H CENTRAL,
BEING A
25,462 SQ.FT./0.58 ACRE
VARIABLE WIDTH ,RIGHT-OF-WAY DEDICATION
OF WHICH 10,643 SQ. FT. LIES WITHIN
EXISTING RIGHT-OF-WAY OF BONNIE BRAE STREET �
SITUATED IN THE WILLIAM ROARK SURVEY,
ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
GHAPHIC SCALE !'�l00'
� Grahdm Associate5,lnc. � o so �oo iao
CONSULTINO ENGINEERS �c PUNNERS
eoo s�x �►os oRwe(, s�ui� eoo
1�BPE FlRhli F�-11Y1/i9�PL.S f'INA(� 10167s aoo
DAT�: JANUARY 2012
J/Denton/P5B-Row-i
PAGE 2 OF 2
EXHIBIT "A" - Page 2 of 2
PARCEL 58-ROW-1
LEGAL DESCRIPTION
VARIABLE WIDTH RIGHT-OF-WAY DEDICATION
BEING a 0,58 acre tract of land situated in the James L. Harris Survey, Abstract No. 555 and the
William Roark Survey, Abstract No. 1067, Denton County, Texas, being a portion of the
Retnainder Tract of Joab Partners, L.P., as recorded in Volume 4203, Page 855, Deed Records,
Denton County, Texas. Said 0.58 acre tract of land being more particularly described by metes
and bounds as follows:
BEGTNNING at a found 5/8 inch iron rod, being the soufiliwest corner of a 48.50 foot right-of-
way dedication conveyed by deed to the City of Denton, as recorded in Instrument No. 2011-
124642, Deed Records, Denton County, Texas, being in the north line of said Remainder Tract of
Joab Partners and being in the existing east right-of-way line of Bonnie Brae Street (a variable
width R.O.W.);
THENCE North 89°22'09" East, leaving said e�sting east right-of-way line and following along
said north line of Remainder Tract of Joab Partners, fox a distance of 48.50 feet to a set 1/2 inch
iron rod with GAI cap for corner, being in the proposed east right-of-way line of said Bonnie
Brae Street;
TT�NCE South Ol°19'09" East, leaving said north Iine and following along said proposed east
right-of-way line, for a distance of 269.62 feet to a set 1/2 inch iron rod with GAI cap for comer,
being the most northerly point of a corner-clip with the existing north right-of-way line of
Vintage Boulevard;
THENCE South 46°08'14" East, along said corner-clip, for a distance of 22.04 feet to a set 1/2
inch iron rod with GAI cap for corner, being in said eacisting north right-of-way line of Vintage
Boulevard (a 135 foot R.O.W, at this p�int);
THENCE South 89°06'12" West, along said existing north right-of-way line, for a distance of
106.12 feet to a point for corner, being in said existing east right-of-way line of Bonnie Brae
Street;
THENCE North 00°36'31" West, leaving said existing north right-of-way line and following
along said existing east right-of-way line, for a distance of 285.54 feet to a point for corner;
THENCE North 89°22'09" East, continuing along said existing east rigbit-of-way line, for a
distance of 38.54 feet to the POINT OF BEGIlVNING and CONTAINIl�TG 25,462 square feet or
0.58 acres of land, more or less, of which 10,643 square feet of Iand is being used as roadway use
and drainage at this time.