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2012-131s:llegallour documents\ordinances112\chamberlain acquisition ordinance.doc ORDINANCE NO. 2O 1 Z-131 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 1.91 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT ENCUMBERING 0.57 ACRES; AND (III) A DRAINAGE EASEMENT ENCUMBERING 0.02 ACRES; ALL TRACTS LOCATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NUMBER 400, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY ON ROSELAWN DRIVE, 600 FEET EAST OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE CHAMBERLAIN TRUST (THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF SIXTY SIX THOUSAND FIVE HUNDRED AND NINETEEN DOLLARS AND NO CENTS ($66,519.00}, 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 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 $66,519.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement; and (b) to make expenditures in accordance with the terms of the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with all applicable law. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. approval. This ordinance shall become effective immediately upon its passage and PASSED AND APPROVED this the �J�� day of , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: , PAGE 1 OF 6 ! 1 1 1 -��._.__...—.�._._.. _��.� l� !I � / / _ / j � � ! �� JACK PARKES ANp WIFE BETTY PAAKES � VOL. 5022, PG. 3438 D.R.O.C.T. 3 ,� � t� � � '�' EXTSTING R,O.W. EX157YNG R.O.W. POINT OF � / L COMMENCING I FND S/2"IR/4981 J��y�� SAVE 6 EXCEPT TRACT 1 JACK ARLYN PARKE9 VOL. 4073 PG. 1207 D.R.d�C,T. ALL PROPERTY CORNERS ARE SE7 1/2"IR/ GAI CAP UNLESS OTHERWISE NOTED, NOTE: 5ET 1/2" T.R, W/ GAI CAP TO BE SET A7 ENO OF CONSTRUCTION. VARIAB LE SITUATED EXHIBIT "A" - to Ordinance (Property Interests) A?1 ,^,�'�f �b� �� ar-��. �4 i�'.�,, .. f�x��'�^ ,, ••�,:� . .,$' , THE CMAMBERLAIN TRUST VOL. 4522, PG. 1336 o.R.o.c.r. � A= 2'34'14" R=2452.50' 7=55.02' L=110.03' N01'17'07"W Lc=110.02' SEE� E�T^,2 I PROp09ED H2O.W. N45'00'OQ" '00'00"E � 21.92' e• 49' nnn .nn � nn ^c ']77 nn' d � � m q 3 � o ¢ � � m o p o a � a w ~ � N89•31'33"W 900,03� �OSELAWN DRIVE T `t POINT OF (VARIABLE WIDTH R.O.W.) BEGINNING eer � o»r /�re�� JACK ARLYN pAHKE5 VOL, 4073, P0. 1207 q.p,O.C.T. I� � � BASIS OF BEARING IS NOR7H AMERICAN DA7UM OF 1983 (NA�-83) STATE PLANE COORbTNATE SYSTEM, TEXAS NDRTH CENTRAL. PARCEL 34—ROW-1 BEING A 83,338 SQ.FT./1.91 ACRE WIDTH RIGHT—OF—WAY DEDICATTON IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, D�ENTON C�UNTY, TEXAS GHAPHIC SCALE �•-�oo� 0 50 100 150 n �Graham Associates,lnc. CONS600l�x E� oai� �i��ERS �uNOTO►r, �s �sat� (at�? a4a--esaa 'IBPE FlRMt F-1191/'f6PLS FlRM: 101638-00 DATE: JULY 2011 .,�.,o��.,��.�.., ,..... . , PAGE 2 OF 6 I � � I� f 1 1 I — 1� 'I • -� — � � � � � � � I 3 �O f� ¢ � ~ a � � �� H 2 > f I 8l1RVEY LINE EXHIBIT "A" - to Ordinance (Property Interests) 2925 9. BONNIE BRAE ALFREO 6 BECKY CAMP INST. NU. 20f0-62292 D,R.O.C.T. N89'55'12'W S89'55': 19.64' � 95.00 1 I��•�i `. n �� s;�.; . ,�,_. �_:. u`Pi'�'° ,�f �� ' �;.�t:.�;: � ��,.�k�•a1 FNO 9/B"IH N00 '00' 00 6.64' THE CHAM6EHLAIN TRUST VOL. 4522, PG. 1336 D.R.D.C.T. ALL PROPERTY COFiNERS ARE 5ET 1/2"IR/ GAI CAP UNLESS OTHERWISE NOTEO. NOTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT ENO OF CONS7RUCTTON, . • `.. i" : v, '�'ss,C�.J ,r�ay'� ri,,,. • F,r. .t�:`:` r Y, s'��j a., �.'Pr-, ' a��. HARLAN PHOPERTIES, INC. VOL. 4704, PG. l297 D.R.D.C.T. '00'00"W SURVEY LINE 6.51' ♦ n=cvac.u� A= 2'94' 14" �� i � ' L=110�03' R=2547.50' • � S01'17'07"E T=57.15' j ,�l � Lc=110.02' L=114.29' . �•��/ N01'17'07"W % �c-114.28� ;' ��:� THE CHAMBERLAIN TRUST �': ��.�; . : VOL. 4522, PG. 1336 i D.A.D.C.T. ! ; � i PROPOSEO R.O.W� ' � ��' � PROPOSED q.O.W. ,/ / �� F �� ' �' � ; '� � �:• ��i � r � • i�• �' � �i i m /' � � i (+'1 � ��, : p' � �� `� , 'v i � a'' ` /` v i�Or , m m i� • o i -/ �� N Z ° . / j �' N SEE SHEET i BASIS OF BEARING IS NORTH AMERTCAN �ATUM OF 1983 (NAb-83) STATE PLANE CflORDINATE SYSTEM, TEXAS NORTH CEN7RAL. PARCEL 34—RO�V-- i BEING A . 83,338 SQ.FT./1.91 ACRE VARIABLE WIDTH RIGHT—OF—WAY DEDICATION � SITUATED TN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 40U, DENmON COUNTY, TEXAS ^ Graham Associates,inc.. ��`� CONSULTING ENGINEERS dc PIANNERS ��: � eao s�x Fucs owv�, sw� eoo ARLINQTON, 7EXAS 76011 (817) 640-8636 7HPE FlRIAS F-1191/iBPL9 �IRM� tO1C38-00 GRAPHIC 9CALE !'di00' 0 50 100 150 DATE: JULY 2011 � /n� A-rl.....-A � n PAGE 3 OF 6 SEE 5HEET 2 � �IY "� •'� rl � . o. � � � 10 0 va . � m o �� a 3 o° a. o a b • O � O �� O :/. U] �� ,14„ L�114.29' S01'17'07"E LCr114.29' TME CHAMBERLAIN TRUS7 VOL. 4522, PG. i336 D.R.D.C.T. i'00'00"E 28.28' L ROS�LAIIN DRIVE (VARIABLE WIOTH R.O.W.) 590'00'00"E 432.50' j � .�' . :� / • NB9'31'33"W 900.03' LONOHtlAN COUN VOL qg0,6CP�UT g28UN�ATI�N, INC. �.R.D.C.T. ALL PROPERTY CORNERS ARE SET 1/2"IR/ GAI CAP UNLESS OTHERWISE NO7ED, NOTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT ENO OF CQN5TRUCTION. EXHIBIT "A" - to Orciinance (Property Interests) Y�a �f �+�` '�;j�?J � � �� .��t ' ��.,SR?,' �� ; .;., . pqDPOSEO q.O.W. )'00'00"W 22.44' BASIS OF BEARTNG '[S NOR7H AMERTCAN DATUM OF 1983 (NAD-83)•5TATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—ROW--1 BEING A 83,338 SQ.FT./1.91 ACRE VARIABLE WIDTH RIGHT—OF—WAY DEDICATION � SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. . CONSULTING BNGINEERS dc PLANNERS 600 SIX FLAfi3 ORIVE, SUITE b00 ARUN070N, 7EK115 7E011 (817� 640-8635 TBPE FlRMt F-1191/TBPl.B FlRM7 tD10'JB-00 GRAPHIC 9CALE S'-f00' 0 50 100 150 �ATE: JULY 2011 ., ine�_e..�.�_� . PAGE 4 OF 6 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-ROW-1 LEGAL DESCRIPTION RTGHT-OF-WAY DEDICATION Being a 1.91 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Charnberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 1.91 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with 4561 cap, bezng the southeast corner of a tract of land conveyed to Jack Parkes and vvife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the nor.th line of a Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, also being in the existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); � THENCE North 77°59'07" East, leaving said existing west right-of-way line, for a distance of 189.79 feet to a set 1/2 inch iron rod with GAI cap for corner, being the POINT OF BEGINNING, and being in the proposed north right-of-way line of Roselawn Drive (a variable width R.O.W.); THENCE North 00°00'00" East, along said proposed north right-of-way line, a distance of 8.49 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 90°00'00" East, continuing along said proposed north right-of way line, for a distance of 337.00 feet to a set 1/2 inch iron rod with GAi cap for corner, being the most southerly point of a corner-clip with the proposed west right-of-way line of said Bonnie Brae Street (a variable width R.O.W.); THENCE North 45°00'00" East, along said corner-clip, for a distance of 21.92 feet to a set 1/2 inch iron rod with GAI cap for corner, being in said proposed west right-of-way line of Bonnie Brae Street; THENCE North 00°00'00" East, along said proposed west right-of-way line, for a distance of 147.00 feet to a set 1/2 inch iron rod with GAI cap for corner, being the beginning of a tangent curve to the left having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears North O1°17'07" West, 110.02 feet; THENCE northwesterly, alon� said proposed west right-of way line and said curve to the left, an arc distance of 110.03 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 02°34'14" West, continuing along said propased west right-c�f-way line, %r a distance of 333.77 feet to a set 1/2 inch iron rod with GAI eap for conner, being the beginning of a tangent curve to the right having a radius of 2547.50 feet, a central angle of 2°34'14" and a long chord which bears North O1 °17'07" West, 114.28 feet; EXHIBIT "A" - to Ordinance (Property Interests) PAGE 5 OF 6 THENCE northwesterly, along said proposed west right�of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1/2 inch iron rad with GAI cap for corner; THENCE North 00°00'00" East, continuing along said proposed west right-of-way line, for a distance of 6.64 feet to a set 1/2 inch iron rod vvith GAT cap for corner, �6eing in the north line of said Chamberlain Trust tract, and from which a found 5/8 inch iron rod for the southeast corner of a tract of land conveyed by deed to Alfred and Beck Camp, as recorded in Instrument No. 2010-62292, Deed Records, Denton County, 'I'exas, bears North 89°55'12" West, 19.64 feet, sai.d point also being in the south line of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas; THENCE South 89°55'12" East, leaving said proposed west right-of-way line and following along said north line and said south line, for a distance of 95.00 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 00°00'00" West, leaving said north line and following along said proposed east right-of-way line, for a distance of 6.51 feet to a set 1/2 inch iron rod with GAI cap for corner, heing the beginning of a tangent curve to the left having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears South O1°17'07" East,110.02 feet; THENCE southeasterly, along said proposed east right-of way line and said curve to the left, an arc distance of 110.03 feet to a set 1/2 inch iron rod with GAT cap for c;orner; THENCE South 02°34'14" East, continuing along said proposed east right-of-way line, for a distance of 333.77 %et 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 2547.50 feet, a central angle of 2°34'14" and a long chord whichbears South O1°17'07" East, 114.28 feet; T'HENCE southeasterly, along said proposed east right-of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1/2 inch iron rod with GAT cap for corner; THENCE South 00°00'00" West, continuing along said proposed east right-of-way line, for a distance of 136.00 feet to a set 1/2 inch iron rod with GAI cap for corner, being the most northerly point of a corner-clip with the said proposed north right-of-way Iine of Roselawn Drive; THENCE South 45°00'00" East, along said corner-clip, for a distance of 28.28 feet to a set 1/2 inch iron rod with GAI cap for corner, being in said proposed north right-of-way line af Roselawn Drive; THENCE South 90°00'00" East, along said proposed north right-of-way line, for a distance of 432.50 feet to a set 1/2 inch iron rod with GAI cap for corner; EXHIBIT "A" - to Ordinance (Property Interests) PAGE 6 OF 6 THENCE South 00°00'00" West, continuing along said proposed north right-of-way line, for a distance of 22.44 feet to a set 1/2 inch iron rod with GAI cap for corner, being in the existing north right-of-way line of said Roselawn Drive; THENCE North 89°31'33" West, along said existing north right-of-way line, for a distance of 900.03 feet to the POINT OF BEGINNING and CONTAINING 83,338 square feet or 1.91 acres o£ land, more or less. PAGE 1 OF 4 l � 1 1 -- s 0 �� I � � 0 N a �J � �� 2925 5. 80NNIH BRAE ALFREO & BECKY CAMP INST. N0. 2010-62292 D,R.O.C.T. 1 1 � � I ��A�. �� . a � SH9•37'17" 0.36' N00 '00' 00 6.67' THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 O.R.U.C.T. A= 2'34' 14"-' C\� Rm2567.5D' � T=57.60' Lrii5.19' � NOS'17'07"W � Lc=115.18' � ��. PROPOSEO R.O.W. NO2'34'94 333.77' EXHIBIT "A" - to Ordinance (Property Interests) �� , �l � � HARLAN PR�PERTTES, INC. VOL. 4704, PG. 1297 d.R.O,C.T. POINT DF BEGINNING FNO 8/B"IR S89'55' 12"E 19.64' -500'00'00"W 6.64' -A= 2'34' 14" R-2547.50' Tti57,A5' L=114,29' 501,17'07°E � Q� p � � PROPOSEO R.O,W. SURVEY LiNE THE CHAMBERLAIN 7RUST VOL. 4522, PG. 1336 o�o D.R.D.C.T. o� � a �-502'34'14"E 333,77' 3E� SgEET 2 8A5TS OF BEARING IS NORTH AMERICAN �A7UM OF 1983 (NAO-83) STATE PI.ANE COORDINA7E SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34-USE-1 BEING A 14,425 SQ.FT./0.33 ACRE UTILITY & SL4PE EASEMENT SITUATED IN THE JAMES EDIVYONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Grahdm Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNERS eoo s�x �uos omve, su�tE soo �wuNOTON, 7E1cAS 7eot1 (at7) e�w—e636 'fBPE FlRAIi F-7791/iBPIS FiRM� 101638-00 � apAPHIC SCALE !`�500' 0 50 100 150 DATE: DECEMBER 2011 � /11on+nn /P'id—I ISF-1 PAGE 2 OF 4 � �� . �� A'�� '�� NO2'34' 14"W `�. 333.77' �' \; �\� A= 2'34' 14" R°2432.50' T=54.57' L-109.13' N01'17'07"W Lcm109.12' THE CHAMBERLATN TRUST VOL. 4522, PG. 1336 O.R.D.C.T. PROPOSEO R.O.W. N00 '00 ' 00 162.50' EXHIBIT "A" - to Ordinance (Property Interests) SEE SHEET i '14"E ,-, � � 3 � � � �� P4 � 0, � I \� R=24524504 �'•� T=55.02' � • L=110,03' � S01'17'07" �:� �. Lc=110.02' I: I�� . �� . �\ S00 '00' 00 147.00' N90 '00 ' 00 "W 4.50' � JACK ARLYN pARKES � VOL. 4073, PG. 1207 � O.R.�.C.T. I � � 3�0o�oo°w ROSELAIPN DRIVE 21'92 (VARLABLE WIOTH 17.O.W.) LONGHORN COUNCIL 80Y SCOUT FOUNDATION, INC. VOL.450, PG. 526 D.R.p.C.T. BASIS DF BEARING IS NORTH AMERICAN bA7UM OF 1993 (NAD-831 STATE PLANE COOROINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34--USE-1 BEING A 14,425 SQ.FT./0.33 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, � ABSTRACT N0. 400, n DENTON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTINO ENOINEERS �c PLANNERS eoo sx ruos er�vE, suire eoo ARLINOTON, �x,�s �aott �at� e�o-esas TBPE FlRMt F-1191/1BPlS RMt 101538-00 GRAPHIC SCALE !'-100' 0 50 100 S50 DATE: DECEMBER 2011 .,�.,��....�.. .., ...._ _ PAGE 3 OF 4 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-USE-1 LEGAL DESCRIPTTON SLOPE EASEMENT Being a 0.33 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion oiThe Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.33 acre tract of land being more particularly described by metes and bounds as %llows: BEGINNING at a found 5/8 inch iron rod, being the southeast corner of a tract of land conveyed by deed to Alfred and Becky Camp, as recorded in Instrument Na. 2010-62292, Deed Records, Denton County, Texas, and the southwest comer of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, also being in the north line of said Chamberlain Trust tract; THENCE South 89°55'12" East, along said north line of Chamberlain Trust tract and the south line of said Harlan tract, for a distance of 19.64 feet to a point for corner, said point being the proposed west right-of-way line of Bonnie Brae Street (a 95 foot R.O.W.); THENCE South 00°00'00" West, leaving said north line and following along said proposed west right-of-way line, for a distance of 6.64 feet to a point for corner, being the beginning of a tangent curve to the left having a radius af 2547.50 feet, a central angle of 2°34'i4" and a long chord which bears South O1°17'07" East, 114.28 feet; THENCE sautheasterly, along said proposed west right-of-way line and said tangent curve to the left, an arc distance of 114.29 feet to a point for corner; THENCE South 02°34'14" East, continuing along said proposed west right-of-way line, for a distance of 333.77 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears South O1 ° 17'07" East, 110.02 feet; THENCE southeasterly, along said proposed vcrest right-of-way line and said curve to the right, an arc distance of 110.03 feet to a point for corner; THENCE South 00°00'00" West, continuing along said proposed west right-of-way Iine, for a distance of 1�7.00 feet to a point for corner, being the most northerly point of a corner-clip with the proposed north right-of-way line of Roselawn Drive (a variable v�ridth R.O.W.); THENCE South 45°00'00" West, along said corner=clip, for a distance of 21.92 feet to a point for corner, being in said proposed north right-o%way lirie of said Roselawn Drive; THENCE North 90°00'00" West, along said proposed north right-of-way line, for a distance of 4.50 feet to a point for corner; EXHIBIT "A" - to Ordinance (Property Interests) PAGE 4 OF 4 THENCE North 00°00'00" East, leaving said proposed north right-of-way line, for a distance of 162.50 feet to a point for corner, being the beginning of a tangent curve to the left having a radius of 2432.50 feet, a central angle of 2°34'14" and a long chord which bears North Ol ° 17'07" West, 109.12 feet; . THENCE northwesterly, along said tangent curve to the left, an arc distance of 109.1 � feet to a point for corner; T�TENCE North 02°34'14" West, for a distance of 333.77 feet to a point for corner, being the beginning of a tangent cuxve to the rigkzt having a radius of 2567.50 feet, a central angle of 2°34'14" and a long chord which bears North O1°17'07" West, 115.18 feet; THENCE northwesterly, along said curve to the right, an arc distance of 115.19 feet to a point for corner; THENCE North 00°00'00" East, for a distance of 6.67 :feet to a point for corner, being in the said north line of Chamberlain Trust tract; THENCE South 89°37'17" East, along said north line, �or a distance of 0.36 feet to the I'O1NT OF BEGINNING and CONTAINING 14,425 square feet or 0.33 acres of land, more or less. v3-i s-zV- � PAGE 1 OP 4 3 �O �¢ �� a �� I � 2925 S. BONNIE BFAE ALFREO & BECKY CAMP INST. N0. 2010-82292 O.R.O.C.T. POINT•OF COMMENCING FND 5/8"IR I 1 I �� R �� G° �� THE CHAMBERI.AIN TRUST VOI.. 4522, PG. 1336 O.R.D.C.T. EXHIBIT "A" - to Ordinance (Property Interests) SB9'55'12"E 114.64' ��'�°�V� ��, �� HARLAN PHOPERTIES, INC. VOL. 4704, P0. l297 D.R.D.C.T. POINT DF BEGINNING '12"E S00'00'00"W SURVEY I.INE N00'tl0'00"E � 6.49' 6.51' A= 2'34' 14"� ,'�p= 2'34' 14" R=2452.50' R=24�7.50' T=55.02' ;\+ 7�54.69' L-110.03' �<l09.35' NO!'17'07"W S01'i7'07"E Lcd110.02' �;1 Lc=109.35' � � " ' �^ O� a n r . ° m�� m m THE CHAMe�ALAIN TRUST o �� W VOL. 4522, PG. 1336 m � �� D.R.D.C.T. C� V m\ � W �\ a . N�o � N \I �` , � sEE s�ET 2 BASTS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD—B3) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34-USE-2 BE�NG A 10,621 SQ.FT./0.24 ACRE � UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNERS eoo s�x Fuas o�ve. suire eoo ,�w�NOraa, '�c�s �eat� �en e�o—esaa THPE FlRMs F-^1191/iHPL3 s 10163&-00 n •GRAPHIC 5CALE !'-l00' 0 50 100 150 DATE: D�CEMBER 2011 i ln.... L.... /�7 A_I ICC_'J PAGE 2 OF 4 EXHIBIT "A" - to Ordinance (Property Interests) sEE sx�E�r i THE CHAMBEALAIN 7RUST VOL. 4522, PG. 1336 p.R.D.C.T. � o n �s �rn o� a a A- 2'34'14" R=25A7.50' T=57,i5' L�1i4.29' N0!•!7'07"W Lc=114.28' n � �, w� � 3 O p :. \`d0 / N45'00'00"W� — 21.2d' ROSELAYPN DRNE (VARTABLE WIDTH R,O.W.) � � JACN ARLYN PARKES i VOL. 4073, PG. 1207 O.R.d.C.T. I � � THE CHAMBERl.AIN TRUST VOL. .A522, PG. 1336 D.A.�.C.T. A� 2'34'14" Rm2562.50' T=57.49' Lgii4.96' S01'17'07"E Lc=114.95' LONOHORN COl1NCIL 8DY BCOUT FOUNpATION, INC. VOL.460 P0. B26 U.R.b.C.T. BASIS OF BEARING IS NORTH AMERICAN DATUM OF 19B3 (NAD-83) STATE PLANE C60RDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34-USE--2 BEING A 10,621 SQ.FT./0.24 ACRE UTILITY & SLOPE EASEMENT n SITUATED IN THE JAMES EDMONS�N SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNERS eoo ax Fv.as oArvE. sui� eoo ,VtuNCnoM, 1ew�s �emt at�) a4o-e6sa TBPE FlRA1: F-itpl/TBPL5 M: 101638-00 GpAPHIC SCALE !'-f00' o so soa iso OATE; OECEMBER 2041 .,i�e��...��i��-. .,..� � PAGE 3 OF 4 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-USE-2 LEGAL DESCRIPTION SLOPE EASEMENT Being a 0.24 acre tract of land sihtated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.24 acre tract of land being more particularly described by metes and bounds as %llows: COMMENCING at a found 5/8 inch iron rod, being the southeast corner of a tract of land con�veyed by deed to Alfred and Becky Camp, as �xecorded in Tnstrwnent No. 2010-62292, Deed Records, Denton County, Texas, and the southvc�est corner of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, also being in the north line of said Chamberlain Trust tract; THENCE South 89°55'12" East, along said north line of Chamberlain Trust tract and the south line o£ said Harlan tract, for a distan.ce of 114.64 feet to a point for corner, being the pOINT.OF BEGINNING, and being in the proposed east right-of-way line af Bonnie Brae Street (a 9� foot R.O.W.); THENCE South 89°55'12" East, leaving said proposed east right-of-way line and continuing along said north line, for a distance of 15.00 feet to a point for corner; THENCE South 00°00'00" West, leaving said north line, for a distance of 6.49 feet io a point for corner, being the beginning of a tangent curve to the left having a radius of 2437.50 feet, a central angle of 2°34'14" and a long chord which bears South O1°17'07" East,109.35 feet; THENCE southeasterly, along said curve to the left, an arc distance of 109.35 feet to a point for corner•, THENCE South 02°34'14" East, for a distance of 333.77 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 2562.50 feet, a central angle o£2°34'14" and a long chord vvhich bears South O1°17'07" East, 114.95 feet; THENCE southeasterly, along said curve to the right, an arc distance of 11�.96 feet to a point for corner; THENCE South 00°00'00" West, for a distance of 151.00 feet to a point for coxzaer, being in a corner-clip with said proposed east right-of-way line of Bonnie Brae Street and the proposed north right-of-way line of Roselawn Drive (a variable width R.O.W.); THENCE North 45°00'00" West, along said corner-clip, for a distance of 21.21 feet to a point for corner, being in said proposed east right-of-way line of Bonnie Brae Street; EXHIBIT "A" - to Ordinance (Property Interests) PAOE 4 OF 4 THENCE North 00°00'00" East, along said proposed east right-of-way line, for a distar�ce of 136.00 feet to a point fbr corner, being the beginning of a tangent curve to the left having a radius of 2547.50 feet, a central angle of 2°34'14" and a long chord which bears North O1 ° 17'07" West, 114.2$ feet; THENCE northwesterly, alorig saad proposed east right-oi way line and said curve to the left, an arc distance of 114.29 feet to a point for corner; THENCE North 02°34'14" West, continuing along said proposed east right-of-way line, for a distance of 333.77 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears North O1 ° 17'07" West, 110.02 feet; THENCE northwesterly, along said proposed east right-of-way line and said curve to the right, an arc distan.ce of 110.03 feet to a point for corner; THENCE North 00°00'00" East, for a distance of 6.51 feet to the 1'OINT OF BEGINNING and CONTAINING 10,621 square feet or 0.24 acres of land, more or less. 0 5—. � - �--� �- � m PAGE 1 OF 2 I i r t ------------_�r �� i JACK PARNES AND WIFE BETTY PARKES VOL. 5082 P6. 3438 0. R .1�. C. T . EXI3TIN0 R.O.W POINT OF � COMMENCINC FND 1/2"IR/4561 1 1 � l N � � 3 �¢ �� H � � J m (h H a > EXISTING R.O.W. N00'00'00"E 8.49' SAVE 6 EXCEP7 TRACT 1 JACK ARLYN PARKES VOL. 4073, PG, l207 O.R.O.C.T. EXHIBIT "A" - to Ordinance (Property Interests) �� . �� THE CHAMBERLAIN 7RUST VOL. 4522, PG. 1336 O.R.D.C.T. PROPOSEO H.O.W N90 '00' OU"E 25.00' N00'00' 00"E 17.00' POTNT OF ^ ^^BEGINNING�� liOSELAWN DRIVE (VAFIABLE WIDTH R.O.W.1 N90 '00 ' 00"W 25.00' JACK ARLYN PARKEB VOL. 1073, PG. l207 O.R.O.C.7. � � � � j:� 3 � O d a � � 01 � v a O � � o- 00 - O °on • N O BASIS OF BEARING IS NORTH AMERICAN []ATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NOp7H CENTRAL. PARCEL 34—DE-1 . BEING A 425 SQ.FT./0.01 ACRE DRAIIVAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. . CONSULTING ENGINEERS �c PLANNERS eoa s�x �cs uRwe. sui� aoo �uNCraa, '�x�s �aott (s+� e�a-ecaa 1BPE FlRMt F-11B1/TBPLS FlR s 101638-00 � ORAPHIC BCALE i"-500' � 0 50 100 150 DATE: OECEMBER 2011 � /no A_.nc_A - � U/ UQI I VYI I/ r-�Y- �+�- + Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-DE-1 LEGAL DESCRIPTION DRAINAGE EASEMENT Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chambexlain Trust, as recorded in Voluane 4522, Page 1336, Deed Records, Denton County, Texas. Said Q.Ol acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with 45b1 cap, being the southeast corner o£ a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the north line of a Save & ExCept Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Recoxds, Denton County, Texas, also being in the existing west right- of-way line of Bonnie Brae Street (having a variable vvidth R.O.W.); . THENCE North 77°59'07" East, lea�ving said existing west right-of-way line, for a distance of 189.79 feet to a point for corner, said point being in the proposed north right- of-way line of Roselawn Drive (a variable width R.O.W.); THENCE North 00°00'00" East, along said proposed north right-of=way line, a distance of 8.49 feet to a point for corner; THENCE North 90°00'00" East, continuing along said proposed north right-of-way line, for a distance of 307.48 feet to a point for corner, being the POINT 4F BEGINNTNG; THENCE North 00°00'00" East, leaving said proposed north right-of-way line, a distance of 17.00 feet to a point £or corner; THENCE North 90°00'00" �ast, a distance of 25.00 feet to a point fox corner; THENCE South 00°00'00" West, a distance of 17.00 feet to a point for corner; THENCE North 90°00'00" West, a distance of 25.00 feet to the POTNT O�' BEGINNING and CONTAINING 425 square feet, 0.01 acres of land, more or less. 9 PAGE 1 OF 3 1 I . 1 1 --------------�! 11 I! JACK PARNES ANO WIFE BETTY PARKE3 VOL, 6022, PQ. 3438 O.R.O.C.T. EXISTINO R,O�W. POINT OF a COMMENCINC FNI] f/2"IH/4561 I � � % / �3 O � ¢ �3 �m (� H � � EXISTING R.O.W. snve e excepr THACT 1 JACK AFLYN PARKES VOL. 4073, P0. SE07 D.R.O.G.T. EXHIBIT "A" - to Ordinance (Property Interests) . �� ° �' �� THE CHAMBERLAZN TRIJST VOL. A522, PG. 1336 D.R.O.C.T. PROP09E0 R.O. � i � R03ELA1PN DRIVE (VAFIABLE WI�7H Fi.O. W. ) JACK ARLYN PARKEB V�L. 4073 P0. 1207 �.R.�.C.T. � � � �rypy� 3 [_'+ O � � ii • � m � v � a �� BASIS OF BEARING IS NORTH AMERTCAN DATUM DF 1983 (NAD-83) STATE PLANE COOFIOINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—DE-2 BEING A . 500 SQ.FT./0.01 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, . DENTON COUNTY, TEXAS � Graham Associates,inc. CONSULTING ENGINEERS dc PLANNERS eoo mx Fuos oaiv�, sui� soo ARLINCTON,'►Ex�s �ao�t (et a�o-ea�s T6PE FlRMt F-1191/7BPL9 Fl: 101636-00 n �RAPHIC SCALH S'�100' o eo soo �so DATE: DECEMBER 2011 J/Oenton/P34-DE-2 0 PAGE 2 OF 3 �-f IE� � � � W � 3 O � ¢ aa • �, rn �v 0 0 a a N00 w o- -° o o • �N O O Z THE CHAMBERLAIN TRUS7 VOL. 4522, PG. 1396 D.R.D.C.7. '00'00"E 25.00' S�0 �0� � �� W 2�.0�� o •oo � oo°w �— POIN7 OF BEGINNIN6 EXHIBIT "A" - to Ordinance (Property Interests) �� pp�P�5ED R.O.W. R08ELAlPN DRLVE (VAFIABLE WIDTH R.O.W,) LONGHORN COUNCiL BOY SCOUT FOUNDATION, TNC. VOL.450, P6. 626 O.R.O.C,T. BASIS OF BEARING IS NORTN AMERICAN dATUM OP 1983 (NAO-B3) STATE PLANE COORDINATE SY5TEM. TEXAS NORTH CENTRAL. PARCEL 34—DE-2 BEING A . 500 SQ.FT./4.01 ACRE DRAINAGE EASEMENT SITUATED YN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((�; CONSULTING ENGINEERS dc PLANNERS aoo s�x ruos oRw�. sui� aoo tr J ,vwHarar�� c�s �eo�a �ei�) e�o-ea�ts iBPE FlRMs F-11B1/iBPLS RM: 101630-00 n GRAPHIC 3CALE !`-!DO' 0 50 100 150 DATE: DECEMBER 2019 �/uencon�raq-u�-e Page 3 of 3 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-DE-2 LEGAL DESCRIl'TION DRAINAGE EASEMENT Being a 0.01 acre tract of land siluated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.01 acre tract of land being more particularly described by metes and bounds as follovvs: COMMENCING at a found 1/2 inch iron rod with 4561 cap, being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the north line of a Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, also heing in the existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); . THENCE North 77°59'07" East, leaving said existing west right-of-way line, far a distance of 189.79 feet to a point for corner, said point being in the existing north right- of-way line of Roselawn Drive (a variable width R.O.W.); THENCE South 89°31'33" East, along said existing north right-of-way line, a distance of 512.38 feet to a point for corner; THENCE North 00°28'27" East, leaving said existirig north right-oi way line, a distance o� 19.23 feet to a point for corner, being the POINT OF BEGINNING, said point being in the proposed north right-of-way line of Roselavem Drive (a variable width 1t.O.W.); THENCE North 00°00'00" East, leaving said proposed north right-of way line, a distance of 20.00 feet to a point for corner; THENCE North 90°00'00" East, a distar�ce of 25.00 feet to a point for corner; THENCE South 00°00'00" West, a distance of 20.00 feet to a point for corner, said point being in the proposed north right-of-way line of said Roselawn Drive; THENCE North 90°00'00" West, along said proposed north right-of way line, a distance of 25.00 feet to the POINT OF BEGINNING and CONTAINING 500 square feet, 0.01 acres of land, more or less. EXHIBIT "B" TO ORDINANCE 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 Chamberlain Trust (referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, the Chamberlain Trust is the Owner of a tract of land (the "Land") in the James Edmonson Survey, Abstract Number 400, being affected by the public improvement project called the Bonnie Brae 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: l. 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 tracts of land being described in Exhibit "A" and Exhibit "B", respectively, 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; and (iii) a Drainage Easement (herein so called), in, along, upon, under, over and across the tracts of land being described in Exhibit "A" and Exhibit "B", respectively, to that certain Drainage Easement (the "Drainage Easement Lands"), attached hereto as Attaclunent 3 and made a part hereof, for drainage purposes, as more particularly described therein (the Utility and Slope Easement Lands and the Drainage 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"; (u) the Utility and Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 2; and (iii) the Drainage Easement sha11 be in the form and upon the terms as attached hereto as Attachment 3 (the Utility and Slope Easement and the Drainage 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 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 2 deviation from vertical, water wells, pit areas, seismic activities, tanks or tank 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 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 Sixty Six Thousand Five Hundred and Nineteen and No/100 Dollars ($66,519.00). 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 Fee Lands. The driveway shall be reconstructed in a workmanlilce manner, using materials comparable to that of the existing driveway materials found. 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 3 and support satisfaction of all closing requirements of the City in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Fee Lands and/or Easement Lands, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 11, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Work constitute and include all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, value of, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the Easement Lands and/or Fee Lands related to activities conducted pursuant to the 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 itself, its successors and assigns, the City, it's officers, employees, elected officials, agents and contractors from and against any and all claims it may have now or in the future, related to the herein described matters, events and/or damages. 6. The Closing (herein so called) shall occur in and through the office of Universal Title Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie, Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described 4 above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. 7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which Closing sha11 occur is known. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to Closing) and City shall pay for those taxes attributable to the period commencing as of the Closing Date. All other typical, customary and standard closing costs associated with this transaction sha11 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 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, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. B. In the event City shall default in the performance of any covenant or term provided herein, and such default 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 1N 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; or (ii) enter into any Agreement that will be binding upon the Fee Lands or Easement Lands, or upon the Owner with respect to the Fee Lands or Easement Lands, after the date of Closing. 12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered 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: O WNER: Chamberlain Trust 3900 Roselawn Drive Denton, Texas 76207 Phone Telecopy CITY: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 C� Copies to: For Owner: For City: Telecopy: 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. The Trustee(s) of the Chamberlain Trust (as used in this Section 16, the "Trust") shall, on or before fifteen (15) days after the Effective Date, (i) deliver to City a true, correct and complete copy of the trust agreement of the Trust identifying the "true owner" of the Property; and (ii) identify the "true owner" of the Property to City, all in accordance with Section 2252.092 of the Texas Government Code. 17. 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 WAL BY: Date: L �'1',�.f'l.� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY . � f� BY. i�� Date: � -�� , 2012 CARY OWNER: THE CHAMBERLAIN TRUST By: _ Name: Title: Date: , 2012 0 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 ATTACHMENT 1 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DENTON . KNOW ALL MEN BY THESE PRESENTS: That the CHAMBERLAIN TRUST (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acicnowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration andlor 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" sha11 include oil, gas and all associated hydrocarbons and shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This 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 THE STATE OF TEXAS COUNTY OF DENTON day of 2012. THE CHAMBERLAIN TRUST By: Name: Title: ACKNOWLEDGMENT § § This instrument was acknowledged before me on 2012 by , as Trust. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 3 of 3 of the Chamberlain 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 DF 6 / 1 ! ._._.._________ I 1 !I 1 / � j JACK PARKES ANO WIFE BETTY PARKE9 VOL. 5022, PG. 3498 o.a.o.c.r. E%IS7ING R.O.W. POIN7 OF � COMMENCINC FNO S/2"IR/4563 � � 1 � � �� Fi � 0 3 �� t� � � �' EXISTIN6 R.O�W� SAVE & EXCEPT TRACT 1 JACK ARLYN PARKES VOL, 4073 PG. l807 O.R.d.C.T. ALL PROPERTY CORNERS ARE SE7 1/2"IR/ GAI CAP UNLESS O7HERWISE NOTEO, NOTE: SET 1/2" T.fl. W/ GAI CAP TO BE SET A7 ENO OF CONSTRUCTION, VARIABLE SITUATED � ,�,,� T��.� "*" . s=. �'��; ��: ,,;,�- e- '"J . ..g�� , THE CHAM9ERLAIN TRUST �VaL. 4522, PG. l336 D.R.D.C.T. '00'00"E PROp09ED R,O.W 8.49' ..,.,..,.,.�..,,�,� ��-� .,� EXHIBIT "A" - Page 1 of 6 e= a•34�sa^ R=2452.50' 7=55,02' L=110.03' N01'17'07"W Lc�A10.02' N45 '00 ' 00 21.92' SEE SHEET 2 � � � � 0 4 ¢ Pi - m � V a � a N89'31'33"W 900.03' �pSELA1PN DRiVE POINT OF (yppIABLE WIDTH R.O.W.) BEGINNING erT—'Th i6'E'�re�' JACK ARLYN PARKE6 VOL, 4073 PG. 1207 U. R. [S. C. T. I� � � � BASIS OF BEARING IS NOp7H AMERICAN dATUM OF l983 (NAfJ�83I STATE PLANE COORDTNATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—ROW--1 BEING A 83,338 SQ.FT./1.91 ACRE WIDTH RIGHT--OF—WAY DEDICATION IN THE JAMES EDMONSON SURVEY, ABSTRACT NU. 40U, DENTON COUNTY, TEXAS GRAPHIC SCALE �•��oo� 0 50 100 150 n � Graham Assaciates,lnc. ■ CONSUL7ING EN�INEERS & PIANNERS EUp 5ff FLA05 DRIVE� SUI7E b00 ARLINCTON, 1EXA8 76011 (817) 640-6836 1BPE FlRM: F-1101/TBPLS FlRA1: 101638-00 oarE: �u�Y 2011 i /n....L.... /00A_Onw-A PAGE 2 OF 6 I I I � I� I I —� � � � � � i f I I 3 �o Ao ¢ � ~ 0 a � �� I � H Q � I I 2926 3. BONNIE BRAE ALFREO 8 BECKY CAMP INST. N0, zOSO-62295 O,R.O.C.T. N89'95'12"W 19.64' FNO B/B'IR � � �`a I A� � �.. , �;�� • '�- -sN F,�t rc,.' �X . ��-,i�:F. y4.a..�+' y '�'{.,n t� N00 'OQ' 00 6.64' THE CHAM6ERLAIN TRUST VOL. 4522, PG. 133fi D.R.D.C.T. ALL PROPERTY CORNEAS ARE SET 1/2"IR/ GAI CAP UNLESS OTHERWISE NOTEp. NOTE: SET 1/2" I.R. W/ GAI CAP 70 BE SET AT ENQ-OF CONS7RUCTION. A= 2'34' 14" a�2547.�0� T=57.15' L=114.29' N01'i7'07"W LC=114.28' EXHIBIT "A" - Page 2 of 6 ��. •' f.� .r`�.'S..C�A �+�"�, n�''.. �F:,. _., �.,L.,: - .s, `.: : : �.` :..=' ,:,: ,,h,f.: _. ,�;; HAVOLN 4704�pPGESl297C. p.R.D.C.T. S89 '55' i; 95.00' �' � 500'00'OU"W 6.51' . • / ., . � ' �m 2'34' 14" � � i R=2452.50' `%;� �'� , L=�110 03' ; �' ; S01'17'07"E .'�/� Lc=110.02' SURVEY LINE ':� � �-' THE CHAMgERLAiN TRU57 %: : ��.;,. � �. VOL. 4522. PG. l33fi � D.R.D.C.T. f 3 j �� . PROPOSEO q,O.W. `�` � PROP05E� q.O.W. �/� ¢/ ''�.�ci ;' n ' � pa•ica ,+� n n �i �,: • , m q • � ' jp7� �i i m : v, m 3 i�`,�// �W � i . .•p' % • v j ..� ;a �`,/�ji� �'� . . ,a � �,° : �� j �; m N � �; / o °x / , � /` / N Lr.o� SEE S�ET 1 BASIS OF BEARING iS NORTH AMERTCAN DATUM OF 1983 (NAD°83} S7ATE PLANE CODR�INATE 5YSTEM, TEXAS NORTH CEN7FiAL. � PARCEL 34—RO�V-1. BEING A 83,338 SQ.FT./1.91 ACRE VARIABLE WIDTH RIGHT—OF—WAY DEDICATION � SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, � DENTON COUNTY, TEXAS G Graham Associates,lnc.. Q CONSULTINl3 ENGINEER5 dc PLANNERS eoo s�x Fucs �vE. sui� eoo ARIJNOTON, TEXAS 7E011 (817) 640-8836 18pE FlRM� F-1191/7BPL3 FlRM7 101b38-00 ORAPHTC SCALE i'�500' 0 50 100 150 ❑ATE: JULY 2011 � 0 PAGE 3 OF 6 ,I � . '� . i7Q .� � .� ¢ � � in rn Q .. D�7 � .� w � �' sxEET z 3 G= 2'34' 14'. R=2647.50' 7-67.15' La114.28' soi•i7�o�°E Lc=114.28' THE CHAMBERLAIN TRUST VOL. 4522, PG. l336 O.A.O.C.T. �.O r O '�:'� �' sa5•oo'oo°e ze.ee� ,: .•' /� % . ROSELAIIN DRIVE (VARIABLE WIDTH R.O.W.) 590'00'00"E 432.50' N89'3!'93"W 900.03' LONGHOFN COUNCIL 9DY SCOUT FOUNOATION, INC, VOL.460 PD. 628 D.R.b.C.T, ALL PROPERTY CORNERS ARE SET 1/2"IR/ GAI CAP UNLESS OTHERWISE NOTEO. NOTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTION. ,4 (:,�� . .°i�. t� _a'j g��'" ��e�� "��A e ♦ a�: . ��°�;,;;. ,r,��¢�`�i,"' .q�%^ ,..:� '� . pROPOSEO Fi�O.W. . . , � EXHIBIT "A" - Page 3 of 6 )'00"W 44' BASIS OF BEARING :I5 NORTH AM�RICAN DATUM OF 1983 (NAD-83)�57ATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—ROW--1 BEING A 83,338 SQ.FT./1.91 ACRE VARIABLE �YIDTH RIGHT—OF--i+ITAY DEDICATION � SITUATED TN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON C4UNTY, TEXAS G Graham Associates,lnc. � CONSULTING ENGINEERS �C PLANNERS eoo s�x Fuos owvE, suire soa ARUNOTON. �x�s �eoii (a�» e�o—asa6 TBpE FlRM: F-1191/TBPL3 FlRM: 101638-00 GRAPHIG SCALE !"�500' 0 50 100 150 DATE: JULY 2011 � In....4.... /ov n._oni�� A PAGE 4 OF 6 PARCEL 34-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION EXHIBIT "A" - Page 4 of 6 Being a 1.91 acre tract of land situated in the James Edmonson Survey, Abstract 1Vo. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 1.91 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with 4561 cap, being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Dentan County, Texas, and being in the north line of a Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volurne 4073, Page 1207, Deed Records, Denton County, Texas, also being in the existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); • THENCE North 77°S9'07" East, leaving said existing west right-of way line, for a distance of 1.89.79 feet to a set 1/2 inch iron rod with GAT cap for cornez•, bei.ng the POINT OF BEGINNTN'G, and being in the propased north right-of-way line of Roselarnm Drive (a variable width R.O.W.); THENCE North 00°00'00" East, along said proposed north right-of-way line, a distance of 8.49 feet to a set 1/2 inch iron rod with GAI cap £or corner; THENCE South 90°00'00" East, continuing along said proposed north right-�f-way line, for a distance of 337.00 feet to a set 1/2 inch iron rod with GAI cap for corner, being the most southerly point of a corner-clip with the proposed west right-of way line of said Bonnie Brae S�reet (a variable width R.O.W.); THENCE North 45°00'00" East, along said corner-clip, for a distance of 21.92 feet to a set 1/2 inch iron rod with GAI cap for corner, being in said proposed west right-of-way line of Bonnie Brae Street; THENCE North 00°00'00" East, along said proposed west right-of-way line, for a distance of 147.00 feet to a set 1/2 inch iron rod with GAI cap for cornei•, being the beginning of a tangent curve to the left having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord whichbears North Ol°17'07" West, 110.02 feet; THENCE northwesterly, along said proposed west right-of way line and said curve to ihe left, an arc distance of 110.03 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 02°34'14" West, continuing along said proposed west right-of-vvay line, for a distance of 333.7? feet to a set 1/2 inch iron rod vvith GAI eap for conner, being the beginning of a tangent curve to the right having a radius of 2547.50 feet, a central angle of 2°34'14" and a long chord which bears North O1°17'07" West, 114.28 feet; EXHIBIT "A" - Page 5 of 6 PAG� 5 OF 6 THENCE northwesterly, along said proposed west right-of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 00°00'00" East, continuing alon.g said proposed west right-c�f-way line, for a distance of 6.64 feet to a set 1/2 inch iron rod with GAT cap £or corner, �being in the north line of said Chamberlain Trust tract, and frorn which a found 5/8 inch iron rod for the southeast corner of a tract of land conveyed by deed to Alfred and Beck Cannp, as recorded in Tnstrument No. 2010-62292, Deed Records, Denton County, T'exas, bears North 89°55'12" West, 19.64 feet, said point also being in the south line of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 47Q4, Page 1297, Deed Records, Denton County, Texas; THENCB South 89°55'12" East, leaving said proposed west right-of-way line and following along said north line and said south line, for a distance of 95.00 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 00°00'00" West, leaving said north line and following along said proposed east right-of-way line, for a distance of 6.51 feet to a set 1/2 inch iron rod with GAI cap fox corner, being the beginning of a tangent curve to the left having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears South O1°17'07" East, 110.02 feet; THENCE southeasterly, along said proposed east right-of way line ar�d said curve to the left, an are distance of 110.03 feet to a set 1/2 inch iron rod with GAI cap for c;orner; THENCE South 02°34'14" East, continuing along said proposed east right-uf-way line, for a distance of 333.77 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 2547.50 feet, a central angl.e of 2°34'14" and a long chord which bears South Ol°17'07" East, 114.28 feet; THENCE southeasterly, along said proposed east right-of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South �0°00'00" West, continuing along said proposed east right-of-vvay line, for a distance of 136.00 feet to a set 1/2 inch iron rod with GAI cap for corner, being the most northerly point of a corner-clip with the said proposed north right-of-way line of Roselawn Drive; THENCE South 45°00'00" East, along said corner-clip, for a distance of 28.28 feet to a set 1/2 inch irort rod with GAI cap for corner, being in said proposed north right-of-way line of Roselawn Drive; THENCE South 90°00'00" East, along said proposed north right-of-way line, for a distance of 432.50 feet to a set 1/2 inch iron rod with GAI cap for corner; EXHIBIT "A" - Page 6 of 6 PAGE 6 O�' 6 THENCE South 00°00'00" West, continuing along said proposed. north right-of-way line, for a distarice of 22.4� feet to a set 1/2 inch iron rod with GAI cap for corner, being in the existin.g north right-of-way line of said Roselawn Drive; THENCE North 89°31'33" West, along said existing north right-of-way line, for a distance of 900.03 feet to the POINT OF BEGINNING and CONTAINING 83,338 square feet or 1.91 acres o£ land, more or less. ATTACHMENT 2 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS COUNTY OF DENTON UTILITY AND SLOPE EASEMENT § § KNOW ALL MEN BY THESE PRESENTS: § THAT the Chamberlain Trust ("Grantor"), whose mailing address is 3900 Roselawn Drive, Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollaxs ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acicnowledged, has GR.ANTED, 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 James Edmonson Survey, Abstract Number 400, to wit: PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY, 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, workmen 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 lcind, 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 impair, damage or destroy the lateral slope, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. 2 Witness my hand, this the _ day of Grantor: THE CHAMBERLAIN TRUST By: _ Name: Title: THE STATE OF TEXAS COUNTY OF DENTON 0 � ACKNOWLEDGMENT This instrument was acknowledged before me on . as Accepted this day of Texas (Ordinance No. 2012- ). : Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 2012. of the Chamberlain Trust. Notary Public, State of Texas My commission expires: 2012 by 2012, for the City of Denton, PAGE 1 OF 4 I � 1 1 � � 3 O i+a � ti 0 s d J �m 1 I 2925 S. 80NNIE 9RAE ALFRED & BECKY CAMP INST. N0. 2010-62292 D.R.D.C.T. I � � � i ��.� � � �� 589'37'17"E 0.36' N00 •00'00" 6.67' THE CHAMeERLAIN TRUS7 VOL. 4522, PG. 1336 D.R.D.C.T. A= 2'34'14" Rm2567.50' T=57.60' L=iiS.19' N01'17'07"W Lc=115.18' PROP09E0 q.O.W NO2•34'!4" 333.77' EXHIBIT "A" - Page 1, of 4 �� g��,. �`��p5 �s � � HAALAN PROpERTIES, INC. VOL. 4704, PG. 1297 D.R.�.C.T. pdINT 0�' BEGINNING FNO 5/B"IR 589'55' 12"E 19.64' -500 '00' 00"W 6.54' -p• 2•34'14" R-2547,50' T=57.15' L°114.29' S01'17'07"E Lc=114,28' � a°a o W � pROPO5EU R.O.W. SUAVEY LINE THE CHAMBERLATN TRUST VOL. 4522, PG. l336 a�� D.R.D.C.T. �� I a �-Sd2'34'14"E 333.77' SEE SHEET 2 � BASIS 0� BEARING IS NORTH AMERTCAN OATUM OF 1983 (NAD—B3) 5TATE PLANE COORDINATE SY5TEM, TEXAS NORTH CENTRAL. PARCEL 34-USE--1 BEING A 14,425 SQ.FT./0.33 ACRE UTILITY & SLOPE EASEMENT SITUATED IN T�IE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS Graham Associates,lnc. � CONSULTING ENGINEERS �C PLANNERS aoo s�x �uc�s owve, sui� soo ARLINOTON, iEXAS 7EOt1 (B17) 640-8636 TBPE FlRMt F-1191/7BPL9 flR�r� �o,aae-oo n aRAPHIC SCALE S'�100' 0 50 100 150 DATE: DECEMBER 2011 .1/�enton/P34-USE-1 PAGE 2 OF 4 � �� , ,�.- �� NO2'3A' 14"W t `•. 333.77' � \' �; �;;.: a= z�s4�ia�� f1=2432. 50 ' T=54.57' L-109.13' N01'17'07"W Lcm109.12' THE CHAMBERLATN 7RUST VOL. 4522, PG. 1336 D.R.D.C.T. PROPOSEO R.O.W. N00'00'00" 162.50' N90 '00 ' 4.50 JACK ARLYN PARKES VOL. 4073, PG. 1207 O.R.�,C.7. SEE SHEET i �� ,'�. I :� �� i:�::• I�� '14"E �� o �a �rn �� a G= 2'34'14 R=2452,50' T=55.02' L=110.03' SOi'17'07" Lc=110.02' S00 '00' 00 147.00' EXHIBIT "A" - Page 2 of 4 > •oo � oo ° w ROSELAIYN DRIVE ��"g� (VARIABLE WIO7H R.O,W.) LONOHaRN COUNCIL BOY SCDUT FOUNDATTON. INC. VOL.450 PG. 526 0, R.�l. C. T. BASIS OF BEARING IS N�RTH AMERICAN bA7UM OF 1983 (NAD-83) STATE PLANE COOROINATE SYSTEM, TEXAS NOR7H CENTRAL. PARCEL 34--USE-1 BEZNG A 14,425 SQ.FT./0.33 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON' SURVEY, � ABSTRACT N�. 400, n DENTON COUNTY, TEXAS ^ Graharn Associates,lnc. �r �+ CONSULTING ENGINEERS dt PLANNERS tJ eoo sx Fu,as DRIVE. SUIiE 600 ARUNQTON, TEXAS 78011 (81'� E�W-8638 TBAE FlRM: F—tt91/TBPLS F1RMs 1015]8-00 ORAPHIC SCAiE f'-500' 0 50 100 150 DATE: DECEMBER 2011 PAGE 3 OF 4 PARCEL 34-USE-1 LEGAL DESCRIPTION SLOPE EASEMENT EXHIBIT "A" - Page 3 of 4 Being a 0.33 acre fract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.33 acre tract of lanci being more particularly described by metes and bounds as follows: BEGTNNING at a foun.d 5/8 inch iron rod, being the southeast corner of a tract of land conveyed by deed to Alired and Becky Camp, as recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and the southwest corner of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, also being in the north line of said Chamberlain Trust tract; THENCE Svuth 89°55'12" East, along said north line of Chamberlain Trust tract and the south line of said Harlam tract, for a distance of 19.64 feet to a point for corner, said poin,t being the proposed west right-of-way line of Bonnie Brae Street (a 95 foot R.O.W.); THENCE South 00°00'00" West, leaving said north line an� following along said proposed west right-of-way line, for a distance of 6.64 feet to a poini for corner, being the beginning of a tangent curve to the left having a radius of 2547.50 feet, a central angle of 2°34' 14" and a long chord which bears South O1 ° 17'07" East, 114.28 feet; THENCE southeasterly, along said propased west right-of-way line and said tangent curve to the left, an arc distance of 114.29 feet to a point for corner; THENCE South 02°34'14" East, continuing along said proposed west right-of-way line, for a distance of 333.77 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears South O1°17'07" East, 110.02 feet; THENCE southeasterly, along said proposed west right-of-way line and said curve to the right, an arc distance of 110.03 feet to a point for corner; THENCE South 00°00'00" West, continuing along said proposed west right-of-way 1ine, for a distance of 1�7.00 feet to a point for corner, being the most northerly point of a corner-clip with the proposed north right-of-way line of Roselawn Drive (a variable vcridth R.O.W.); THENCE South 45°00'00" West, along said corner-clip, for a distance of 21.92 feet to a point for corner, being in said proposed north right-of-way lirie of said Roselawn Drive; THENCE North 90°00'00" West, along said proposed north right-of-way line, for a distance of 4.50 feet to a point far corner; EXHIBIT "A" - Page 4 of 4 PAGE 4 OF 4 THENCE North 00°OU'00" East, leaving said proposed north right-o£ way line, for a distance of 162.50 feet to a point for corner, being the beginning of a tangent curve to the left having a radius of 2432.50 feet, a central angl� of 2°34'14" and a long chord which bears North O1 ° 17'07" West, 109.12 feet; THENCE northwesterly, along said tangent curve to the left, an arc distance of 109.13 feet to a point for corner; THENCE North 02°34'14" West, for a distance of 333.77 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 2567.50 feet, a central angle of 2°34'14" and a long chvrd which bears North Ol°17'07" West, 115.18 feet; THENCE northwesterly, along said curve to the right, an arc distance of 115.19 feet to a point for corner; THENCE North 00°00'00" East, for a distance of 6.67 feet to a point for corner, being in the said north line of Chamberlain Trust tract; THENCE South 89°37'17" East, along said north line, for a distance of 0.36 feet to the POINT OF BEGINNTNG and CONTAINING 14,425 square feet or 0.33 acres of land, more or less. 03rf S-za• c� A 0 PAGE 1 OF' 4 I � 1 � -: � � O � � ti I a N a Fq � � 2928 S� BONNIE BRAE ALFREO & BECKY CAMP IN9T. N0. P010-82292 D.R.O.C.T. POINT OF COMMENCING FND 5/8"IR I I I �� THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 O.R.D.C.T. S89'58'i2"E 114.6A' N00'00'00" 6,51' A= 2'34'!4" Rm2452.fi0' T�65.02' Lm110.03' N01'17'07"W La�i10.02' � � � o ¢ �� o� a. EXHIBIT "B" - Page 1 of 4 . ��t°`��" � ��. �� HARLAN PROPERTIES, INC. VOL. 4704, P0. l297 p.R.O.C.T. POINT OF BEGINNING I 589'55'12"E 15.00' �S00'00'00"W � 8.49' �� ) ��A= 2'34' 14" R=2437.50' T�54.69' �S01�i7307"E t L��ib9.35' � yr m\ m � �� m�d .;� s�� s�ET 2 SUFVEY LXNE THE CHAMeERLAIN TRUST VOL. A522. PG. 1336 D.R.�.C.T. BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD—B31 STATE PLANE COORDTNATE 5YSTEM, TEXAS NORTH CENTRAL. PARCEL 34-USE--2 BEING A 10,621 SQ.FT./0.24 ACRE � UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N�. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((; ; CONSULTING ENGINEERS dc PLANNERS `,r eoo gx Fuos o�v�. sui�e eao ,�uHOro�, �r�x�s �ao» �e�� e�o—e�a 7BPE F1RM: F-�1191/7HPL3 R= 101638-00 n GPAPHIC SCALE i'-!Oa' 0 50 100 150 DATE: ❑�CEMBER 2011 J _ n,., . .. U/ UOIII.Y�I/ r�ti' v�� c 0 m PAGE 2 OF 4 THE CHAMBEFiLAIN TRUST VOL. 4522. PG. 1336 D.R.O.C.T. SEE 1 � � � � 6 o i � � � p� rn o� oa a G� 2'34'14"— R=25A7.50' T=57,A5' La114.29' Nai�s��o�°w Lc-114.�8' EXHIBIT "B" - Page 2 of 4 THE CHAMBERLAiN TRUST VOL. A522, PG. 1336 O.R.D.C.T. p° 2'34' 14" � R=2562.50' T=67.49' � L=l14.96' ��`� 501'17'07"E �) Lcd114.95' �) °o '' �I' �. o � o � �� \ � w " O c= � �, .O / N45'00'00"W� 21.21' ROSEY�AWN DRIVE (VARIABLE WIDTH R.O.W.) � JACK ARLYN PARKES i VOL. 4073, PG. 1207 O.R.D.C.T. I � � LONOHORN CUUNCIL BOY 5COUT FOUNOATIDN, ING. VOL.460 PG. 626 �.R.I].C.7. BASIS OF BEARIN6 IS NORTH AMERICAN DATUM OF 1963 (NAD-83) STATE PLANE COOROTNATE SYSTEM, TEXAS NORTH C�NTRAL. PARCEL 34-USE-2 BEING A 10,621 SQ.FT./0.24 ACRE UTILITY & SLOPE EASEMENT n SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON CUUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS & PI.ANNERS eoo s�x �as oarvE. suiTe soo iwur+oTOni, �x�s �eo�� e�� e4a-e�a iBPE FlNIA: F-11B1/TBPLS RM; 101638-00 � GRAPHIC SCALE 1'-l00' 0 50 100 150 �ATE: DECEMBEFI 2011 J/ U@ fl L O fl / F'J4—uSC—tl PAGB 3 OF 4 PARCEL 34-USE�2 LEGAL DESCRIPTION SL��E EASEMENT EXHIBIT "B" - Page 3 of 4 Being a 0.24 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.24 acre �ract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 5/8 inch iron rod, bein.g the southeast corner of a tract of land conveyed by deed to Alfred and Becky Camp, as zecorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and the southwest corner of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, also being in the north line of said Chamberlain Trust tract; THENCE South 89°55'12" East, along said north line of Chamberlain Trust tract and the south line of said Harlan tract, for a distance of 114.64 feet to a point for corner, being the POINT, OF BEGINNING, and being in the proposed east right-of way line of Bonnie Brae Street (a 95 foot R.O.W.); THENCE South 89°55'12" East, leaving said proposed east right-of-way line and continuing along said north line, for a distance of 15.00 feet to a point for corner; THENCE South 00°00'00" West, leaving said north line, for a distance of 6.49 feet to a point for corner, being the beginning of a tangent curve to the left having a radius of 2437.50 feet, a central angle of 2°34'14" and a long chord which bears South Ol°17'07" East, 109.35 feet; THENCE southeasterly, along said curve to the left, an arc distance of 109.35 feet to a point for corner; � � THENCE South 02°34'14" East, for a distance of 333.77 feet to a point far corner, being the beginning af a tangent curve to the right having a radius of 2562.50 feet, a central angle of 2°34'14" and a long chord which bears South O1°17'07" East, 114.95 feet; THENCE southeasterly, along said curve to the right, an arc distance of 114.96 feet to a point for corner; THENCE South 00°00'00" West, for a distance of 151.00 feet to a point for corner, being in a corner-clip with said proposed east right-of-way line of Bonnie Brae Street and the proposed north right-of-way line of Roselawn Drive (a variable width R.O.W.); THENCE I�Torth 45°00'00" West, along said corner-clip, for a distance of 21.21 feet to a point for corner, being in said proposed east right-of-way line of Bonnie Brae S�reet; EXHIBIT "B" - Page 4 of 4 PAGE 4 OF 4 THENCE North 00°00'00" East, along said proposed east right-of-way line, for a distance of 136.00 feet to a point for corner, being the beginning of a tangent curve to the left having a radius of 2547.50 feet, a central angle o£2°34'14" and a long chord which bears North Ol°17'07" West, 114.28 feet; THENCE northwesterly, alorig said proposed east right-of-way line and said curve to the left, an arc distance of 114.29 £eet to a point for corner; THENCE North 02°34'14" West, continuing along said proposed east right-of-way line, for a distance of 333.77 feet to a point for corner, being the beginning of a tazigent curve to the right having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears North Ol °17'07" West, 110.02 feet; THENCE northwesterly, along said proposed east right-of-way line and said curve to the right, an arc distance of 110.03 feet to a point for corner; THENCE North 00°00'00" East, for a distance of 6.51 feet to the POINT OF BEGINNING and CONTATNING 10,621 square feet or 0.24 acres of land, more or less. v 5 ► y - ---• 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 NUMBER. THE STATE OF TEXAS COUNTY OF DENTON DRAINAGE EASEMENT § § KNOW ALL MEN BY THESE PRESENTS: § THAT the Chamberlain Trust ("Grantor"), whose mailing address is 3900 Roselawn Drive, 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 drainage easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the James Edmonson Survey, Abstract Number 400, to wit: PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY, ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, including without limitation, the right to overflow the Property, and related structures, facilities and appurtenances, in, along, upon, under, over and across said Property. The rights granted herein shall further include, without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, worlcmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said drainage facilities and/or drainage features or grade or any part thereof. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein 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. Grantor: THE CHAMBERLAIN TRUST By: _ Name: Title: THE STATE OF TEXAS COUNTY OF DENTON 0 � ACKNOWLEDGMENT This instrument was acl�nowledged before me on , as Accepted this day of Texas (Ordinance No. 2012- ). : Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson � of the Chamberlain Trust. Notary Public, State of Texas My commission expires: 2012 by 2012, for the City of Denton, � 6 PAGE ! OF 2 r / 1 1 -------------_..�! 1 rr JACK PARKE3 AND WIFE BETTY PARKE9 VOL. 5022 P0. 9438 D. R. [S. C. T. EXI3TIN0 R.O.W POINT OF � COMMENCZN[ FND 1/2"IF/4561 i � � � 1 3 �q � a 3 � J � �H � � EXI5TING F.O,W. Noo•oo�oo°e 8.49' ,n7„ SAVE & EXCEPT TRACT 3 JACK ARLYN PARKEB VOL. 4073, PG. 1207 D.R.�.C.T. 0 �� ,� 7HE CHAM�EFiLAIN TRUST VOL. 4522, PG, 1336 D.R.D.C.T. PaoPaseo a.o.w EXHIBIT "A" - Page 1 of 2 N90 '00' OU"E 25.00' N00'00' 40"E i7.00' POTNT OF BEGINNTNG�� n�nllnC '�It'] AC• ROSELAIYN DRIVE (VARIABLE WIDTN R.O.W.1 N90 '00 ' 00 " W 2�,�� JACK ARLYN PARKE3 V�L. 4073, PG. l207 �.R��.C.T. � � � �� d o� D4 - � m � v a O a 3 o- 00 - O °or • r, gASIS DF BEARTNG I5 NORTH AMERTCAN DATUM OF 1983 (NA�-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—DE-1 . BEING A 425 SQ.FT./0.01 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((� CONSULTING ENGINEERS �c PLANNERS „ 1 600 SIX FLACS ORIVE. SUITE 6D0 \�u �NQ�� lEftAS 7E011 (817) E40-BSaa 78PE FlRMt F-11B1/78PL5 FlRA( 1D1638-00 n GRAPHIC 9CALE i'-l00' � 0 50 S00 150 DATE: dECEMgER 2011 u/ueiiwnir.��-�� Page 2 of 2 1'ARCEL 34-DE-1 LEGAL DESCRIPTION DR.AINAGE EASEMENT EXHIBIT "A" - Page 2 of 2 Being a 0.01 acre tract of land situated in the James Ldmonson Survey, Abs�ract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.01 acre tract oi land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with 4561 cap, being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the north line of a Save & Except Tract 1, conveyed to Jack Ar1yn Parkes, as recorded in Volume 4073, Page 120'1, Deed Records, Denton County, Texas, also being in the existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); . THENCE North 77°59'07" East, leaving said existing west right-of-way line, for a distance of 189.79 feet to a point for comer, said point being in the proposed north right- of-way line of Roselawn Drive (a variable width R.O.W.); THENCE North 00°00'00" East, along said proposed north right-of-way line, a distance of 8.49 feet to a point for corner; THENCE North 90°00'00" East, continuing along said proposed north right-of way line, for a distance of 307.4$ feet to a point for corner, being the FOINT OF BEGINNING; THENCE North 00°00'00" East, leaving said proposed north right-of-way line, a distance of 17.00 feet to a point for corner; � THENCE North 90°00'00" East, a distance of 25.00 feet to a point fox corner; THENCE South 00°00'00" West, a distance of 17.00 feet to a point for corner; THENCE North 9Q°00'00" West, a distance of 25.00 feet to the P�INT OF BEGINNING and CONTAINING 425 square feet, 0.01 acres of land, more or less. C� PAGE 1 OF 3 � i r ----------___rL !! �' JACK PARKES AND WIFE BETTY PARKES VDL. 5022, PG. 3438 O.H.O.C.T. EXISTIND R.D.W. POINT OF a COMMENCINC FNp 1/2"IF/4581 I ir �� 0 �o ¢ O 3 � J � �1 H � > � 1 ��' . � �� E%ISTING R.O.W. BAVE 6 EXCEp7 7RACi ! JACK AFLYN PA(iKE3 VOL. 4073, PG. l207 O.R.O.C.7. 7HE CHAMB£RLAXN TRUST VOL. 4522, pG. 1336 D.R.O.C.T. PROP03E0 R.O.W �• EXHIBIT "B" - Page 1 of 3 i � R03ELA'IPN DRIVE (VARIABLE WIDTH p.O.W,) JACK ARLYN PARKES VOL. 4073 P0. 1207 O.R.d�C.T. � � � � 3 � � o� aa - � � �v � a �� H R� � ""1 � BASIS OF eEARING IS NORTH AMERTCAN OATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—DE-2 BEING A . 500 SQ.FT./0.01 ACRE DRAYNAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, AHSTRACT N0. 400, . DENTON COUNTY, TEXAS � Graham Associates,lnc. . CONSULTING ENGINEERS dt PLANNERS 600 SIX FLAQS DRIVE. 6U11E 600 ARUNCTON� TEItAS 7E011 (Bt 6I0—B836 1BPE FlRMs F-11B1/1BPL9 Fl t 101638—OD �--� � ORAPHIC SCALE !'�100' 0 50 100 150 �ATE: DECEMBER 2011 � in.,..�.... /o��_nv_o PAGE 2 OF 3 � � � a� �3 0 o¢ W� rn � v C � a rl IN N0o •2B' p� _ is.? � 589'31'3: � � W G- O 00 O • O N THE CHAMBERLAIN TRUS7 VOL. 4522, PG. i936 D.R.D.C.T. � �0� � 00 �� 25.04' soo •oo � oo �w �o.00� 30'00' 00"W ��— POINT OF BEGINNIN6 �� ,q�� PAOPOSED R.O,W. ROSELAIIN D1i1VE (VARIA6LE WIDTH R.O.W.) LONOHORN COUNCTL BDY SCOUT FOUNDATLON. INC. VOL.450 PG. 526 o.a.b.c.T. EXHIBIT "B" - Page 2 of 3 BASIS OF BEARING IS NORTH AMERTCAN DATUM OF 1983 (NAD-83) STATE PLANE COOROINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—DE-2 BEING A 50a SQ.FT./0.01 ACRE DRAINAGE EASEMENT SITUATED IN THE JAN�ES EDMONSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((,� CONSULTING ENGINEERS dt PLANNERS "7� aQ0 SIk F7JUi3 DRIVE. SUI7E 600 � ARUNOTON, I�AS 78a11 (b17) 0�0-85'3!S TBPE FlRM: F-1191/iBPL3 i�1Rl�r tOt638-00 � GRAPHIC SCALE !'-i00' 0 5� 100 150 �ATE: pECEMBER 2011 .1/uencon/rov-uc-c Page 3 of 3 PARCEL 34-DE-2 LEGAL DESCRIPTI�N DR.AINAGE EASEMEN'T EXHIBIT "B" - Page 3 of 3 Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.01 acre tract of land bein� more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with 4561 cap, being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Paxkes, as recoxded in Volume 5022, Page 3438, Deed Recoxds, Denton County, Texas, and being in the north line of a Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, also being in the existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 77°59'07" East, leaving said existing west right-of-way line, for a distance of 189.79 feet to a point for corner, said point being in the existing north right- of-way line of Roselawn Drive (a variable width R.O.W.); THENCE South 89°31'33" East, along said existing narth right-of-way line, a distance of 512.38 feet to a point for corner; THENCE North 00°28'27" East, leaving said existirig north right-of-way line, a distance of 19.23 feet to a point for corner, being the POINT OF BEGINNING, said point being in the proposed north right-of-way line of Roselawn Drive (a variable width R.O.W.); THENCE North 00°00'00" East, leaving said proposed north right-of-way line, a distance of 20.00 feet to a point for corner; THENCE North 90°00'00" East, a distance of 25.00 feet to a point for corner; THENCE South 00°00'00" West, a distance of 20.00 feet to a point for corner, said point being in the proposed north right-of-way line of said Roselawn Drive; THENCE North 90°00'00" West, along said proposed north right-of way lina, a distance of 25.�0 feet to the POINT OF BEGINNING and CONTAINING 500 square feet, 0,01 acres of land, more or less. _.___...�