2012-130s:llegallour documentslordinances112lshockley acquisition ordinance.doc
oxDnvANCE No. : 2012-130
AN ORDINANCE F1NDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 0.74 ACRE TRACT; (II) A UTILITY AND SLOPE
EASEMENT ENCUMBERING A 0.13 ACRE TRACT; (III) A SLOPE EASEMENT
ENCUMBERING A 0.01 ACRE TRACT; AND (IV) A TEMPORARY CONSTRUCTION,
GRADING AND ACCESS EASEMENT ENCUMBERING A 0.01 ACRE TRACT, ALL
TRACTS LOCATED IN THE A. TOMPKINS SURVEY, ABSTR.ACT NUMBER 1246, CITY
OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON
EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED
GENERALLY IN THE 1800 BLOCK OF SOUTH BONNIE BRAE STREET (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 ELIZA T.
SHOCKLEY (THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE
PURCHASE PRICE OF ONE HUNDRED SIXTY ONE THOUSAND N1NE HUNDRED
SEVEN DOLLARS AND NO CENTS ($161,907.00), 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 THEREFOR; 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 $161,907.00 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.
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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 ,� � day of ��/ , 2012.
MARK A. B O � S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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PAGE 1 OF 3
iB2D-SB22 BONNIE BRAE
TRACT i9
SCOTT BqOWN
INST. N0. 97-ROD47097
D.R.D.C.T.
EXHIBIT "A" - to Ordinance (Property Interests)
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ELIZA T, SHOCKLEY
IN57. N0. 2005-7A299
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JOEL AN6 MARLEA 6TEELMAN
VDL. 4650, P0. 3741
U.R.O.C.T.
6ASI5 OF 6EARING TS NORTM AMERICAN []A7UM
OF 1993 (NAb-83) STATE PLANE COORDTNATE
IRON PIPE SYSTEM, TEXAS NORTH CENTRAL.
W/GAI CAP �
\ SB9'56'46"W; S89'59' ii"W � iaai s, 00NNIE BRAE
� LOT i, BLOCK !
24. 52 � • �S' I'� �'' 9WEETN CREEK7 AOOIT�ION,
CAB. M� PG. 80
NOTE: SET 1/2" I. R. W/ GAI CAP TO P,a.o.c.r.
6E SET AT END OF CONSTRUCTION. P� 5—.RQ�1�T— i
� BEING A
32,352 SQ.FT./0.74 ACRE �
RIGHT—OF—WAY DEDICATION
� SITUATED IN THE A. T�MPKINS SURVEY,
ABSTRACT N'0. 1246� GRAPHIC SCALE i'�500'
� Graham Associates,lnc. DENTON COUNTY, TEXAS
CON5ULTING ENGINEERS � pLANNERS o 5o so0 i5o
sao s�x Fuas aw sui� eoo
�o�TOn, tEx,���� a� a+o-�� �ATE. SEPTEMBER 2011
J/Denton/P15-ROW-i
Page 2 of 3
EXHIBIT "A" - to Ordinance (Property Interests)
PARCEL 15-ROW-1
LEGAL DESCRIPTION
RIGHT-OF-WAY DEDICATION
BETNG a 0.74 acre tract oi land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portiori of a txact oi land conveyed to Eliza T. Shockley
as recorded in Tnstrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes and bounds as follows:
BEGINNING at a found 3/8 inch iron rod, said point being the northwest corner of said
Shockley tract, and being the intersection of existing east right-of-way line of Bonnie
Brae Stxeet {having a variable width R.O.W.), and the existing south right-of-way line of
Willowwood Street (having a variable��vidth R.O.W,);
THENCE North 89°35'41" East, leaving said existing east right-of-way line and along
said existing south right-of-way line, a distance of 299.63 feet to a found 1/2 inch iron
rod for corner, said point being the northeast corner of said Shockley tract, and the
northwest corner of a tract of land conveyed ta Jael and Marlea Steelman as recorded in
Volume 4610, Page 1741, Deed Records, Denton County, Texas, being a common line;
THENCE South 00°51'43" West, leaving said existing south night-of-way line and along
said common line, a distance of 6.80 feet to a set 1/2 inch iron rod with GAI cap for
corner, said point being in the proposed south right-of-way line of Wiliowwood Street
(having a variable width R.O.W.);
THENCE South 86° 16'36" West, leaving � said cornmon line and along said proposed
south right-of-way line, a distance of 107.81 feet to a set 1/2 inch iron rod with GAT cap
for corner;
THENCE North 89°38'03" West, continuing along said proposed south right-of-way line,
a distance of 140.00 feet to a set 1/2 inch iron rod v�rith GAI cap for corner, said point
being the most northerly point of a corner-clip;
THENCE South 45°21'S7" West, leaving said proposed south right-of way line and along
said corner-clip, a distance of 21.21 feet to a set l./2 inch iron rod with GAI cap for
corner, said point being in the proposed east right-of-way line of Bonnie Brae Street
(having a variable width R.O.W.);
THENCE South 00°21'S7" 'West, leaving said corner-clip and along said proposed east
right-of-way line, a distance of 700.31 feet to a set 1/2 inch iron�rod with GAI cap for
corner, said point being in the south line of said Shockley tract, and being in the north
line of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat
Records, Denton County, Texas, being a common line; � '
EXHIBIT "A" - to Ordinance (Property Interests)
Page 3 of 3
THENCE South 89°59'11" West, along said common line, a distance of 19.21 £eet to a
fouiad iron pipe for corner, said point being the northwest corner of said Lotl, Block 1;
THENCE South 89°56'46" West, continuing along south line of said Shockley tract, a
distance of 24.52 feet to a point for corner, said point being the southwest corner of said
Shockley tract and being in the existing east right-of-way line of said Bonnie Brae Street;
THENCE North 00°53'43" East, along said existing east right-of-way line, a distance of
726.10 feet to the POlNT OF BEGINNING and CONTAINING 32,352 square feet, 0.74
acres o£ land, more or less.
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44.92'
1820-� 7RAC ONf9YE BRAE
5C0TT BROWN
INST. ND. 97-R�047097
D.R.D.C.7.
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TNST. N0. 2005-74299
D.R.D.C.7.
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JOEL AND HAqIEA 57EELMAN
VOL. A6f0, PG. l741
D.R.O.C.i.
BA5I5 OF BEARING I5 NORTH AMERICAN DA7UM
OF 1983 (NAO-83I STATE PLANE COORDINA7E
SYSTEM, TEXAS NORTH CENTRAL.
` � ��—S89'59' 11"W SB41 S� 90NNIE 6HAE
' LDT !, BLOCK S,
` i ._ B. OO � OREN 6 RUTH THOMAS
b r-r rr""""""` SWEET CREEK AOOITION,
CAP.RMb.C�T,BO
P15-U5E-1
BEING A
5,634 SQ.FT./0.13 ACRE . n
. UTILITY & SLOPE EASEMENT
SITUATED IN THE A. T�MPKINS SURVEY,
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS GRAPHIC SCALE �--100�
� Graham Associates Inc. 0 50 �oo �50
CONSUI.7ING ENGINeERS � P1J�NNERS
eoo stz ruos owv�, sui� eoo
�unc�a+. �x�s �s�+� ��+� °�0'°� DA7E: SEPT�MBER 2011
7BpE FlMk F-fli1/ i B P L S Fl 1 D 1 6 3 6- � 0
J/Denton/P15-USE-1
Page 2 of 2
EXHIBIT "A" - to Ordinance (Property Interests)
PARCEL 15-USE-1
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
BEING a 0.13 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion of a tract of land conveyed to Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas and
baing more particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersection of existing east right-of-way line of Bo�u�.ie
Brae Street (having a variable width R.O.W.}, and the existing south right-of-way line of
Willowwood Street (having a variable width R.O.W.); �
THENCE South SS°07'24" East, leaving said intersection, a distance of 44.92 feet to a
point for the POINT OF BEGTNNING, said point in the pxoposed east right-of-way line
of Bonnie Brae Street (having a variable rwidth R.O.W.), and being the most southerly
point of a corner-clip;
THENCE North 45°21'S7" East, leaving said proposed east right-of way line and along
said corner-clip, a distance of I 1.31 feet to a point for corner;
THENCE South 00°21'S7" West,leaving said corner-clip, a distance of 708.26 feet to a
point for corner, said point being in the south line of said Shockley tract, and being in the
north line of Lot 1, Block 1, Sweet Greek Addition, as recorded in Cabinet M, Page 80,
Plat Records, Denton County, Texas, being a common line;
THENCE South 89°59'11" West, along said common. line, a distance of 8.00 feet to a
point for corner, said point being in the proposed east right-of-way line of said Bonnie
Brae Street;
THENCE North 00°21'S7" East, leaving said common line and along said proposed east
right-of-way line, a distance of 700.31 feet to the POINT OF BEGINNING and
CONTAINING 5,634 square feet, 0.13 acres of land, more or less.
E,�-, �� �-
PAGE 1 OF 2
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S, BONNTE BRAE
2. 9LOCK A
JDE ABBEY
TRACT iB
JIM BLAHE HARRELL.
VOL. 1751, P6. 32B
O.R.�.C.T.
1812 S. BDNNIE 9RAE -. �''
� LOT f. BLOCK A `
JOE ABBEY s
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LOT 3, OLOCK A 4
J�E A88EY
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TRACT !7 �
JAMES 9. HARRELL, JN� '
VOL� 946, PG. 82B �
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EXHIBIT "A" - to Ordinance (Property Interests)
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UNIVERSTTY OF NORTH TEXAS
VOL.284, PG.50
D�R.D.C,T.
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TRACT 19 �
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N89'38' 03"W �'-500 '21' 57"W
90.00' 5.00'
2315 WILLOWWOOD ST.
ELIZA T. SHOCKLEY
INST. N�. 2005-74299
o.R.o.c.r.
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2229 WILLOWWD00 ST
JOEL ANd MAHLEA S7EELMAN
VOL. 4610, PG. 7741
O.R.�.C.T�
BASIS DF BEARING IS NORTH AMERTCAN DATUM
OF 1983 (NAD--83) STATE PLANE CODRDINATE
SYSTEM, 7EXA5 NORTH CENTRAL.
P15—SE-1
BEING A
437 SQ.FT./0. � 1 ACRE
SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
Graham Associates,lnc. DENTON COUNTY, TEXAS
� CONSULTING ENGINEERS � PUNNERS
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GRAPHIC SCALE !'�100'
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J/Dentan/P15-SE-i
Page 2 of 2
EXHIBIT "A" - to Ordinance (Property Interests)
PARCEL 15-5E-1
LEGAL DESCRIPTION
SLOPE EASEMENT
BEING a 0.01 acre tract o£ land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas; being a portion of a tract of land conveyed to Eliza T. Shackley
as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING aY a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersecdon of existing east right-of-way line of Bonnie
Brae Stxeet (having a variable width R.O.W.), and the existing south right-of-way line of
Willowwood Street (having a variable width R.O.W.);
THENCE South 78°16'25" East, leaving said intersection, a distance of 53.06 feet to a
point for the POINT OF BEGINNING, said point in the proposed south right-of-way line
of Willowwood Street (having a variable vvidth R.�.W.), and the most northerly point of
a corner-clip;
THENCE South 89°38'03" East, along said pxoposed south right-of-way line, a distance
of 85.00 feet to a point for corner;
THENCE South 00°21'S7" West, leaving said proposed right-of-way line, a distance of
5.�0 feet to a point for corner; .
THENCE North 89°38'03" West, a distance of 90.00 feet to a point for corner, said point
being in said proposed corner-clip;
THENCE North 45°21'S7" East, along saad proposed corner-clip, a distance of 7.07 feet
to the 1'OINT OF BEGINNING and CONTAII�TING 437 square feet, 0.01 acres of land,
more or less.
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JOH ABBEY
TRACT 16
JIM BLAKE NARRBLL,
VOL. 1]51, PG. 329
O.R.D.C.7.
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TRACT 17 �
JAMES B. HApRELL, JR. I
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TRACT ]9 ' ,� ti
SCDTT 6ROWN � � i
INST. N0. 97-R0047097
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ELIZA T. SHOCKLEY
INST. N0. 2005-74299
D.R.D.C.T.
2225 WILLOWWDD� BT
JO VOL N 487A0 L�PG s 1743 AN
O.R.O.C.T.
BASIS OF BEARING I5 NORTH AMERTCAN �ATUM
pF 1963 (NAD-83) S7ATE PLANE CDORDTNATE
5Y5TEM, TEXAS NORTH CEN7RAL.
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P15—TCE-1
BEING A
400 SQ.FT./0.01 ACRE n
TEMPURARY CONSTRUCTI4N EA5EMENT
SITUATED IN THE A. T�MPKINS SURVEY,
ABSTRACT N0. 1246� GRAPHTC SCALE S'�100'
Graham Associates Inc. DENTON COUNTY, TEXAS
. CONSULTING ENGINEERS k PUINNERS o 50 100 150
eoo ax ruos wave. su1� soo
�nuNOmn, �x�s �ao++ cc��i e+c-us�s DATE: SEPTEMBER 2011
1BPE FlRAk F^1191/1BPlS Fl 7�1d36'00
J/�enton/P15-TCE-1
Page 2 of 2
EXHIBIT "A" - to Ordinance (Property Interests)
PARCEL 15-TCE-1
LEGAL DESCRIPTTON
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion of a tract of land conveyed to Eliza T. Shockley
as recorded in instrurnent No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described b� metes and bounds as £ollows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersection of existing east right-of-vc�ay line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing soutYx right-of-way line of
Willowwood Street (having a variable width R.O.W.);
THENCE South 78°16'25" East, leaving said intersection, a distance of 53.06 feet to a
point, said point in the proposed south right-of-way line of Willowwood Street (having a
variable width R.O.W,);
THENCE Sauth 89°38'03" East, along said proposed south right-of-way line, a distance
of 85.00 feet to a point for the POINT OF BEGTNNING;
THENCE South 89°3$'03" East, continuing along said proposed south right-of-way line,
a distance of 35.00 feet to a point for corner;
THENCE South 00°21'57" West, leaving said proposed south right-of-way line, a
distance of 10.00 feet to a point for corner;
THENCE North $9°38'03" West, a distance of 45.00 £eet to a point for corner;
THENCE Norkh 00°21'57" East, a distance of 5.00 feet to a point for corner;
THENCE South 89°38'03" East, a distance of 10.00 feet to a point for corner;
THENCE North 00°21'S7"' East, a distance of 5.00 feet to the PO1NT OF BEGINNING
and CONTAINING 400 square feet, 0.01 acres of land, more or less.
O3�i�— �--•�
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 Eliza T. Shockley (referred to herein
as "Owner") and the City of Denton, Texas ("City")
WITNESSETH:
WHEREAS, Eliza T. Shockley is the Owner of a tract of land (the "Land") in the A.
Tompkins Survey, Abstract Number 1246, being affected by the public improvement project
called the Bonnie Brae Road Widening and Improvements Project ("Project"); and
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
easements in, along, over, upon, under and across, a portion of the Land, each related to the
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;
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
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed,
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein
so called), in, along, upon, under, over and across the tract of land being described in Exhibit
"A" to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"),
attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more
particularly described therein; (iii) a Slope Easement (herein so called), in, along, upon, under,
over and across the tract of land being described in Exhibit "A" to that certain Slope Easement
(the "Slope Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for slope
purposes, as more particularly described therein; and (iv) a Temporary Construction, Grading
and Access Easement (the "Temporary Easement"), in, along, upon, under, over and across the
tract of land being described in Exhibit "A" to that certain Temporary Construction, Grading and
Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 4 and made
a part hereof, for temporary construction, grading and access purposes, as more particularly
described therein (the Utility and Slope Easement Lands, the Slope Easement Lands and the
Temporary Easement Lands are collectively referred to herein as the "Easement Lands").
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form
and upon the terms as attached hereto and incorporated herein as Attachment 2; (iii) the Slope
Easement shall be in the form and upon the terms as attached hereto as Attachment 3; and (iv)
the Temporary Easement shall be in the form and upon the terms as attached hereto and
incorporated herein as Attachment 4(the Utility and Slope Easement, the Slope Easement and
the Temporary Easement are collectively referred to herein as the "Easements") (the Fee Lands
and the Easements are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for herself,
her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and
that may be produced from the Fee Lands. Owner, her heirs, devisees, successors and assigns,
2
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 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).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands and the Easements to the
City, the City shall pay to Owner at Closing the sum of One Hundred Sixty One Thousand Nine
Hundred and Seven and No/100 Dollars ($161,907.00). 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,
the City shall reconstruct, at its sole cost and expense, that area of Owner's driveway within the
Easement Lands. The driveway shall be reconstructed in a worlcmanlike manner, using materials
comparable to that of the existing driveway materials found. Any private service lines or
3
irrigation lines situated within the Easement Lands and affected by the Project, shall either be
repaired or rearranged, at the sole cost and expense of the City, as field conditions warrant. The
work prescribed in this Section 3 is herein referred to as the "Driveway Work".
4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and
clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist
and support satisfaction of all closing requirements of the City in relation to solicitation of
releases or subordinations of the Encumbrances and other curative efforts affecting the Fee
Lands andlor Easement Lands, if necessary in the discretion of the City. In the event that all
Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a
default hereunder, although Owner may otherwise be in default under Section 11, below.
However, if the Encumbrances are not cured as provided herein, City has the option of either (i)
waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this
Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter
event Owner and City shall have no further obligations under this Agreement.
5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Worlc
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, garages, 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 Easements or City ownership of the Fee Lands,
interference with Owner's activities on the Easement Lands or other property interests of Owner,
caused by or related to activities related to the Easements, whether accruing now or hereafter,
and Owner hereby releases for herself, her heirs, devisees, successors and assigns, the City, it's
officers, employees, elected officials, agents and contractors from and against any and all claims
he may have now or in the future, related to the herein described matters, events and/or damages.
4
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 sha11 be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is known. The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period comtnencing 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 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.
5
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.
10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter
into any Agreement that will be binding upon the Fee Lands or Easement Lands, less and except
the Temporary Easement Lands, or upon the Owner with respect to the Fee Lands or Easement
Lands, less and except the Temporary Easement Lands, after the date of Closing; or (iii) enter
into any agreement that will be binding on the Temporary Easement Lands, or upon Owner with
respect to the Temporary Easement Lands, prior to the termination of the Temporary Easement.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and sha11
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:
0
O WNER:
Eliza T. Shockley
2315 Willowwood Street
Denton, Texas 76207
Phone
Telecopy
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
14. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed and/or Easements.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
16. Authority to take any actions that are to be, or may be, taken by City under this Agreement
and/or Easements, including without limitation, adjusting the Closing Date of this Agreement
and/or the termination date of the Temporary Easement, are hereby delegated by City, pursuant
to action by the City Council of Denton, Texas, to Frank Payne, City Engineer of City, or his
designee.
7
CITY OF DENTON, TEXAS
By: .��
GE RGE C. CAMPBELL,
CITY MANAGER
Date: � , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date: �%� J� , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Date: /�a�y '� � , 2012
OWNER:
ELIZA T. SHOCKLEY
Date:
0
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 ELIZA T. SHOCKLEY, a single woman (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 herself,
her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that may be produced from the Property. Grantor, her heirs, devisees, successors and
assigns shall not have the right to use or access the surface of the Property, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals
andJor 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 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 STATE OF
'.�l�lil��r'L�l�l
0
ELIZA T. SHOCKLEY
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
2012 by Eliza T. Shockley.
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
0
• � \ PAGE 1 DF 3
1820-lBTRACY Ni9IE BFiAE
SCOTT BAOWN
SNST. N0, 97-R0047097
D.R.O.C.T.
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EXHIBIT "A" - Page 1 �f 3
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2315 WILLDWW000 ST.
ELTZA T. SHOCKLEY
INST. N0. 2005-7A299
D.R.D.C.7.
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JOEL AND MARLEA STEELMAN
VOL. 4650, P0. l741
D.R.D.C.T.
BASIS OF BEARING IS N�RTH AMERICAN DATUM
4F 1983 (NAD-B3) 57ATE P�ANE COORDINATE
FNO IRON PIPE SYSTEM, TEXAS NORTH CENTRAL.
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BE SET AT END OF CONSTRl1CTI0N. P 1, rj--ROW— �
� BEING A
32,352 SQ.FT./0.'74 ACRE �
RIGHT—OF—WAY DEDICATION
� SITUATED IN THE A. TOMPKINS SURVEY,
� ABSTRACT N0. 1246� GRAPHIC 9CpLE ����oo�
� Graham Associates,lnc. DENTON COUNTY, TEXAS
CUNSULTIkG �NGINEERS d� NLANNERS o 5o soo f5o
aoo s�x Fuos ofat�. an� eoo
�NOr�ro,�TONi � iiai�� �i°e� �°o�a�a°�-oo DATE. SEPTEMBER 2011
J/Denton/P15-ROW-i
Page 2 of 3
PARCEL 15-ROW-1
LEGAL DESCRIPTTON
RIGHT-OF-WAY DEDTCATION
EXHIBIT "A" - Page 2 of 3
BEING a 0.74 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portiori of a txact of land conveyed to Eliza T. Shockley
as recorded in Tnstrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes and bounds as follows:
BEGINNING at a found 3/8 inch iron rod, said point being the northwest corner of said
Shockley tract, and being the intersection of existing east right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.}, and the existing south right�of-way line of
Willowwood Street (having a variable �width R.O.W.);
THENCE North 89°35'41" East, leaving said existing east right-of-way line and along
said existing south right-of-way line, a distance of 299.63 feet to a found 1/2 inch iron
rod for corner, said point being the northeast corner of said Shockley tract, and the
northwest corner of a tract of land conveyed to Joel and Marlea Steelman as recorded in
Volume 4610, Page 1741, Deed Records, Denton County, Texas, being a common line;
THENCE South 00°51'43" West, leaving said existing south right-of-way line and along
said common line, a distance of 6.80 feet to a set 1/2 inch iron rod with GAI cap for
corner, said point being in t1�e proposed south right-of-way line of Willowwood Street
(having a variable width R.O.W.);
THENCE South 86°ld'36" West, leaving �said common izne and along said proposed
south right-of-way line, a distance of 107.81 feet to a set 1/2 inch iron rod with GAI cap
for corner;
THENCE North 89°38'03" West, continuing along said proposed south right-of-way line,
a distance of 140.00 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being the most northerly point of a corner-clip;
THENCE South 45°21'S7" West, leaving said proposed south right-of way line and along
said corner-clip, a distance of 21.21 feet to a set 1/2 inch iron rod with GAI cap for
corner, said point being in the proposed east right-of-way line of Bon.nie Brae Street
(having a variable vvidth R.O.W.);
THENCE South 00°21'S7" West, leaving said corner-clip and along said proposed east
right-of-way line, a distance of 700.31 feet to a set 1/2 inch iron rod with GAI cap for
corner, said point being in the south line of said Shockley tract, and being in the north
line of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat
Records, Denton County, Texas, being a common line; � '
EXHIBIT "A" - Page 3 of 3
Page3of3
THENCE South 89°59'11" West, along said common line, a distanca of 19.21 feet to a
found iron pipe for corner, said point being the northwest corner of said Lotl, Block 1;
THENCE South 89°56'46" West, continuing along south line of said Shockley tract, a
distance of 24.52 feet to a point for corner, said point being the southwest corner of said
Shockley tract and being in the existing east right-of-way line of said Bonnie Brae Street;
THENCE North 00°53'43" East, along said existing east right-of-way line, a distance of
726.10 feet to the POINT OF BEGTNNTNG and CONTAINING 32,352 square feet, 0.74
acres of land, more or less.
�
�' p�,��'. �i �
ATTACHMENT 2
TO
PURCHASE AGREEMENT
N�TICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
UTILITY AND SLOPE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Eliza T. Shockley, a single woman ("Grantor"), whose mailing address is 2315
Willowwood Street, Denton, Texas 76207, in consideration of the sum of Ten and No/100
Dollars ($10,00) and other good and valuable consideration in hand paid by the City of Denton,
Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and slope easement
in, along, upon, under, over and across the following described property (the "Property"), owned
by Grantor, and situated in Denton County, Texas, located in the A. Tompkins Survey, Abstract
Number 1246, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon,
under, over and across said Property, including without limitation, the free and interrupted use,
liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, employees, contractors, worlcmen and representatives,
for the purposes set forth herein, including without limitation, the making additions to,
improvements on and repairs to said facilities and/or lateral slope features or grade or any part
thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to 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:
Eliza T. Shockley
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on
Eliza T. Shockley.
Notary Public, in and for the State of Texas
My Commission Expires:
2012, by
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
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. UTILITY & SLUPE EASEMENT
STTUATED IN THE A. T�MPKINS SURVEY,
ABSTRACT N0. 1246,
EXHIBIT "A" - Page 1 of 2
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2315 WILlOWW00D ST.
ELIZA T. SHOCKLEY
TN57. N0. 20�5-74299
D.R.D.C.T.
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2225 WILLOWWOOp 6T
JOEL ANO MApLEA STEELMAN
VOL. 46l0, PG. 7741
o.R.o.c.T.
OFS1983F(NAD�83I STATEpPLANEECDORDINATEM
5Y57EM. TEXAS NOR7H CEN7RAL.
DENTON COUNTY, TEXAS GRAPHIC SCALE 1'RS00'
� Graham Associates Inc. 0 50 �o0 150
CONSULTING ENGINEERS k PLT+NNERS
eoo sx ttaos aavg, su'� soo
�u►+c,�+. �x�s 7em� «+� °�°'°�° DATE: SEPTEMBER 2011
7BPE Fl R A k F- 1 1 W/ I B P L S Fl 1 0 1 6 3 6- O n
J/Denton/P15-USE-1
Page 2 of 2
PARCEL 15-USE-1
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
EXHIBIT "A" - Page 2 of 2
BEING a 0.13 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion of a tract of land conveyed to Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes an.d bounds as follows:
C�MMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersection of existing east right-of-way line of Bonnie
Brae Street (having a variable width R.4.W.), and the existing south right-of-�c�vay line of
Willowwood Street (having a variable width R.O.W.);
THENCE South 55°07'24" East, leaving said intersection, a distance of 44.92 feet to a
point for the POINT OF BEGINNING, said point in the proposed east right-of-way line
oi Honnie Brae Street (having a variable width R.O.W.), and being the most southerly
point of a corner-clip;
THENCE North 45°21'S7" East, leaving said proposed east right-of-way line and along
said corner-clip, a distance of 11.31 feet to a point for corner; �
THENCE South 00°21'S7" West, leaving said corner-clip, a distance of 708.26 feet to a
point for corner, said point being in the south line of said Shockley tract, and being in the
north lin.e of Lot 1, Block 1, S�uveet Creek Addition, as recorded in Cabinet M, Page 80,
Plat Records, Denton County, Texas, being a common line;
THENCE South 89°59'11" West, along said common line, a distance of 8.00 feet to a
point for corner, said point being in the proposed east right-of-way line of said Bonnie
Brae Street;
THENCE North 00°21'S7" East, leaving said common line and along said proposed east
right-of-way 1ine, a distance of 700.31 feet to the POINT OF BEGINNING and
C�NTAINING 5,634 square feet, 0.13 acres of land, more or less.
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMSER.
THE STATE OF TEXAS
COUNTY OF DENTON
SLOPE EASEMENT
§
§
§
KNOW ALL MEN BY THESE FRESENTS:
THAT Eliza T. Shocicley, a single woman ("Grantor"}, whose mailing address is 2315
Willowwood Street, Denton, Texas 76207, 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 perpeival slope easement in, along,
upon, under, over and across the following described property (the "Property"), owned by
Grantor, and situated in Denton County, Texas, located in the A. Tompkins Survey, Abstract
Number 1246, to wit:
PROPERTY DESCRISED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times
in, along, upon, under, over and across the Property to Grantee herein, its agents, employees,
contractors, workmen and representatives, for the purposes set forth herein, including without
limitation, the making additions to, improveinents on and repairs to said lateral slope features or
grade or any part thereof.
This Easement is subject to the following covenants and agreements:
l. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may iinpair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subj ect to the covenants and
restrictions contained herein, to make use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
2
Grantor:
Eliza T. Shockley
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on
Eliza T. Shockley.
Notary Public, in and for the State of Texas
My Commission Expires:
2012, by
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
pAGE 1 OF 2
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VOL. 3351. P6. 328
D,R.D.C.T.
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TFACT 17 �
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VOL� 946. PG. 82B
O.R.6.C.T. i
1820-SB RAC ONf9IE BRAE
SCOT7 BROWN
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2315 WILLOWW00� 5T.
ELIZA 7. SHOCKLEY
INST. ND. 2005-74299
o.R.o.c.T.
2229 WILLOWW000 57
JO V�L N 4 1DRL PG ST]74�MAN
D.R.�.C.7,
BASIS OF BEARING XS NORTH AMERICAN DATUM
OF 4983 (NAD-63) STATE PLANE COORDINATE
SYSTEM, 7EXAS NORTH CEN7RAL.
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P15—SE-1
BEING A
437 SQ.FT./O.Q1 ACRE
SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
Graham Associates Inc. DENTUN COUNTY, TEXAS
� CONSULTING ENGINEERS �C PU�NNERS
eao stx rt�cs oravE. stn� aoo
� Fl� � ++w �� � i°ms�oo
SURVEY, n
GRAPHIC SCALE f'�SOQ'
0 50 100 150
DATE: SEPTEMBER 2011
J/�enton/P15-SE-]
Page 2 of 2
PARCEL 15-5E-1
LEGAL DESCRTI'TION
SLOI'E EASEMENT
EXHIBIT "A" - Page 2 of 2
BEING a 0.01 acre tract of land situated in the A. Torrapltins Survey, Abstract No. 1246,
Denton County, Texas, being a portion of a tract of land conveyed to Eliza T. Shockley
as xecorded in Tnstrunnent No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersection of existing east right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of
Willowwood Street (having a variable width R.O.W.);
THENCE South 78°16'25" East, leaving said intersection, a distance of 53.06 feet to a
point for the POINT OF BEGTNNING, said point in the proposed south right-of-way line
of Willowwood Street (having a variable width R.O.W.), and the most northerly point of
a corner-clip;
THENCE South 89°38'03" East, along said proposeti south right-of-way line, a distance
of 85.00 feet to a point for corner;
THENCE South 00°21'57" West, leaving said proposed right�of-way lin.e, a distance of
5.00 feet to a point for corner;
THENCE North 89°38'03" West, a distance of 9Q.00 feet to a point for corner, said point
being in said proposed corner-clip;
THENCE North 45°21'S7" East, along said proposed corner-clip, a distance of 7.07 feet
to the 1'OINT OF BEGINNING and CONTAINING 437 square feet, 0.01 acres of land,
more or less.
0��lC� �VIL
J
ATTACHMENT 4
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Eliza T. Shockley, a single woman ("Grantor"), whose mailing address is 2315
Willowwood Street, Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas,
receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD
and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a temporary construction, grading and access easement in,
along, upon, under, over and across the following described property (the "Property"), owned by
Grantor, and situated in Denton County, Texas, located in the A. Tompkins Survey, Abstract
Number 1246, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may
remove from the Property above described, such fences, signage, buildings and other obstructions
as may now or hereafter be found upon said Property, for the purpose of construction activities,
grading activities and access in, along, upon, under, over and across said Property. It is
specifically stipulated by Grantor that the scope of the access, construction and grading activities
shall include the clearing and removal of vegetation and trees that exist within the Property.
The City of Denton, its agents, employees, contractors, workmen, and representatives sha11 have
the right of ingress, egress and regress in, along, upon, under, over and across said Property for the
purpose of access, construction and grading activities or any part thereof.
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and
Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2)
years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) December 31,
2015, unless the parties mutually agree in writing to an extension or reduction of such term.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
Grantor:
Eliza T. Shockley
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acicnowledged before me on
T. Shockley.
2012, by Eliza
Notary Public, in and for the State of Texas
My Commission Expires:
�
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012-�.
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
PAGE 1 OF
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C4egj �
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14 S. BONNXE BRAE
LDT 2, BLOCK A
JOE ABBEY
TRACT !8
JIM BLAKE HARRELL,
VOL. 1157, PG. 329
O.R.D.C.T.
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2315 WILLOWWOOD 5T.
ELIZA T. SHOCKLEY
INST. N0. 2005-74299
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22E8 WTLLOWWDO� 5T
JOEL AN� MARLEA &TEELMpN
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BASIS OF BEARING I5 NORTH AMERTCAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CEN7RAL.
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P15-TCE-1
BEING A
400 SQ.FT./0.�1 ACRE n
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
�BSTRACT N0. 1245,
DENTON COUNTY, TEXAS ORAPHIC SCALE i'-300'
� Graham Associates Inc. o so 100 150
■ CaNSULTING ENGINEERS � PUtNNERS
eoo s1x Ft�os nrave, sul� aoo
�ur+aivw �x�.s �eu+t tc+�i e+a-esss DATE: SEPTEMBER 2011
TBPE FlIt7� F-17Y1/7BPLS Fl 707b�-00
J/Oenton/P15-TCE-i
Page2of2
PARCEL 15-TCE-1
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT "A" - Page 2 of 2
BEING a 0.01 acre txact of land situated in the A. Tompkins Survey, Abs�ract No. 1246,
Denton County, Texas, being a portion of a tract of land conveyed to Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton Co�unty, Texas and
being more particularly described by metes and bou�nds as follor�vs:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shocicley tract, and being the intersection of existing east right-of-r�ay line of Bonnie
Brae Street (having a variable width R.O.W.), and t11e existing south riglxt-of-way line of
Willowwood Street (having a variable width R.O.W.);
THENCE South 78°16'25" East, leaving said intersection, a distance of 53.06 %et to a
point, said point in the proposed south right-of-way line of Willowwood Street (having a
variable width R.O.W.};
THENCE South 89°38'03" East, along said proposed south right-of-way line, a distance
of 85.00 feet to a p�int for the POINT OF BEGINNING;
THENCE Sauth 89°38'03" East, continuing along said proposed south right-of-way line,
a distance of 35.00 feet to a point for corner;
THENCE South 00°21'57" West, leaving said proposed south right-of way line, a
distance of 10.00 feet to a point for corner;
THENCE North 89°38'03" West, a distance of 45.04 feet to a point for corner;
THENCE North 00°21'S7" East, a distance of 5.00 feet to a point for corner;
THENCE South 89°38'03" East, a distance of 10.00 feet to a point for corner;
THENCE North 00°21'S7" East, a distance of 5.00 feet to the PO1NT OF BEGINNING
and CONTAINING 400 square feet, 0.01 acres of land, more or less.
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